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Home My WebLink About2018-04-17 Agenda with BackupCity of Denton Meeting Agenda City Council City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton. com Tuesday, April 17, 2018 1:00 PM Work Session Room & Council Chambers After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, April 17, 2018 at 1:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clari�ication of agenda items listed on the agenda for Anril 17, 2018. 3. Citizen Comments on Ethics Related Work Session Renort Items The City Council has agreed to suspend the Rules of Procedure for citizen comment on Work Session Report Items related to an ethics ordinance. This section of the agenda allows citizens to speak on Work Session Report Items related to an ethics ordinance only. Each speaker will be given a total of three (3) minutes to address any item related to an ethics ordinance he/she wishes that are listed on the Work Session Report. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 4. Work Session Reports A. II) 18�F�OF� Receive a report, hold a discussion, and provide direction to staff on the Denton Development Code Update, specifically regarding development standards (Module 3) and draft zoning map. Attachments: Exhibit 1- Aqenda Infarmatian Sheet B. II) 18�094 Attachments: C. II) 18�235 Exhibit 2- Memarandum af Develapment Standards (Madule 3) Exhibit 3- Public Draft af Develapment Standards (Madule 3) Exhibit 4 - Presentatian Receive a report, hold a discussion, and give staff direction regarding the location of the Mayhill substation. Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2- Presentatian - Mavhill Substatian Receive a report, hold a discussion, and provide staff direction regarding an update to the existing Denton Municipal Electric - Energy Risk Management Policy. Page 1 Printed on 4/13/2018 City Council Meeting Agenda April 17, 2018 Attachments: D. II) 18�616 Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2 - PawerPaint Presentatian Exhibit 3- Updated Enerqy Risk Manaqement Palicy Exhibit 4- Schedule far incarparatinc� Delaitte recammendatians inta Enerc�y Ris Receive a report, hold a discussion, and give staff direction regarding an ethics ordinance from attorney Alan Bojorquez. Attachments: Exhibit 1- Ethics AIS Work Session.pdf Exhibit 2- Ethics ardinance Redline.pdf Exhibit 3- Ethics ardinance.pdf Exhibit 4- Public Camment.pdf Exhibit 5- Presentatian.pdf 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�F�57 Deliberation regarding Personnel Matters - Under Government Code Section 551.074; Consultation with Attorney - Under Texas Government Code Section 551.071. Deliberate and discuss the evaluation, duties, discipline, procedures, and contract of the City Attorney. 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. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS page Z Printed on 4/13/2018 City Council Meeting Agenda April 17, 2018 A. II) 18�F�F�1 National Small Business Week 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Publia This section of the agenda permits any person who has registered in advance to make a citizen report regarding a public business item he or she wishes to be considered by the City CounciL This is limited to no more than four (4) speakers per meeting with each speaker allowed a maximum of three (3) minutes to present their report. At the conclusion of each report, the City Council may pose questions to the speaker or may engage in discussion. Such questions or discussion shall not exceed two (2) minutes. If the City Council believes a speaker's report requires a more detailed review, the City Council will give the City Manager or City Staff direction to place the item on a future work session or regular meeting agenda and advise staff as to the background materials to be desired at such meeting. C. Additional Citizen Reports - This section of the agenda permits any person not registered for a citizen report to make comments regarding public business on items not listed on the agenda. This is limited to two speakers per meeting with each speaker allowed a maximum of four (4) minutes. Such person(s) shall have filed a"Blue Card" requesting to speak during this period prior to the calling of this agenda item. NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City Secretary 24 hours prior to the meeting. 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A— P). 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— P 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�528 Attachments: Consider approval of the minutes of March 5, March 6, March 20, and March 27, 2018. Exhibit 1 March 5 2018 Minutes Exhibit 2 March 6 2018 Minutes Exhibit 3 March 20 2018 Minutes Exhibit 4 March 27 2018 Minutes B. II) 18�551 Consider adoption of an ordinance of the City of Denton, Texas to amend the City of Denton Code of Ordinances related to Section 2-29 (City Council Rules of Procedure) Subsection (G)(4) (recording of votes) to include the recording of votes for each council member within all ordinances and resolutions; providing for a severability clause; and providing for an effective date. Page 3 Printed on 4/13/2018 City Council Meeting Agenda April 17, 2018 Attachments: C. II) 18�574 Attachments: D. II) 18�577 Attachments E. II) 18�578 Attachments: AIS.pdf ardinance.pdf Exhibit 2 Pawer Paint.pdf Consider adoption of an ordinance of the City of Denton, Texas to amend Section 2-29 ("Council Rules of Procedure") of the City of Denton Code of Ordinances related to Section 3.B. items ("Receive Scheduled Citizen Reports from Members of the Public") of the City Council's regular meeting agenda; providing for a severability clause; and providing for an effective date. AIS.pdf Exhibit 1 ard. 2017-402.pdf Exhibit 2 Revised ardinance.pdf Exhibit 3.pdf Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract# DIR-TSO-4025 for the supply of mobile digital computers (MDC) for Public Safety; providing for the expenditure of funds therefor; and providing an effective date (File 6718- awarded to CDW-G, in the amount of $93,936). Exhibit 1- Aaenda Infarmatian Sheet Exhibit 2- Pricinq Camparisan and Quates Exhibit 3 - ardinance Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Coleman & Associates Land Surveying, for Landfill Surveying Services as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6585- Professional Services Agreement for Landfill Surveying Services awarded to Coleman & Associates Land Surveying, in the three (3) year not-to-exceed amount of $300,000). The Public Utilities Board recommends approval (6-0). Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2- Evaluatian and Rankinq Sheet Exhibit 3 - Cantract Exhibit 4 - ardinance F. II) 18�580 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Agreement with the Argyle Independent School District (ISD), under the Government Code, Chapter 791, to authorize City of Denton contracts for the purchase of various goods and services including light duty vehicles; authorizing the expenditure of funds therefor; and declaring an effective date (File 6754-Interlocal Cooperative Purchasing Agreement with the Argyle ISD). Page 4 Printed on 4/13/2018 City Council Meeting Agenda April 17, 2018 Attachments: G. II) 18�581 Attachments H. II) 18�586 Attachments: L II) 18�598 Attachments: Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2- Interlacal Caaperative Aqreement Exhibit 3 - ardinance.pdf Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract through the Buy Board Cooperative Purchasing Network Contract Number 515-16 for the purchase of two (2) replacement 2018 model Trench Rollers for the City of Denton Wastewater Collection Depariment; providing expenditure of funds therefor; and providing an effective date (File 6774- awarded to Kirby-Smith Machinery Inc., in the amount of $63,250). The Public Utilities Board recommends approval (6-0). Exhibit 1- Aaenda Infarmatian Sheet Exhibit 2- Pricinq Camparisan � Quates Exhibit 3 - ardinance Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a public works contract for the construction of the Denton West lift station and yard piping installation; providing for the expenditure of funds therefore; and providing an effective date (IFB 6720- awarded to Wi11Co Underground, in the not-to-exceed amount of $239,500). The Public Utilities Board recommends approval (6-0). Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2- Pricinq Tabulatian Exhibit 3- Cantract Exhibit 4- Lacatian Map Exhibit 5- ardinance Consider approval of a resolution of the City Council of the City of Denton, Texas approving the Watershed Protection division's sponsorship agreement with Keep Denton Beautiful, Inc., in the amount of $8,000. The Public Utility Board recommended approval (6-0). Exhibit 1- Watershed Spansarship AIS.dacx Exhibit 2 - resalutian 18-095.bdf Exhibit 3- Watershed Spansarship siqned applicatian.pdf Exhibit 4- Watershed Spansarship Applicatian letter.pdf Exhibit 5- Tax Exempt Farm.pdf Exhibit 6- Keep Dentan �eautiful 2017 IRS 990.pdf J. II) 18�599 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of Change Orders No. 2 and 3 to the contract between the City of Denton and Jagoe-Public Company; providing for the expenditure of funds therefor; and providing an effective date (RFP 6218- Change Orders No. 2 and 3 in the amount of $99,573.78 for a total contract award aggregating to $1,571,294.78). The Public Utilities Board recommends approval (6-0). Page 5 Printed on 4/13/2018 City Council Meeting Agenda April 17, 2018 Attachments: K. II) 18�F�21 Attachments: L. II) 18�650 Attachments: M. II) 18�F�71 Attachments: Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2 - ariqinal Cantract Exhibit 3- Chanqe arder 1 Exhibit 4- Chanqe arders 2-3 Exhibit 5 - ardinance Consider adoption of an ordinance directing the publication of Notice of Intention to issue $10,110,000 in principal amount of Certificates of Obligation of the City of Denton for General Govemment projects; and providing for an effective date. Audit/Finance Committee approves 3-0. Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2 - ardinance Consider adoption of an ordinance authorizing the City Manager to surrender to Bloomfield Homes, L.P. that certain irrevocable standby letter of credit dated November 12, 2013, drawn on Texas Capital Bank, N.A. in the amount of $176,143.93 in which Bloomfield Homes, L.P. is the applicant and the City of Denton, Texas is the beneficiary and further partially releasing Bloomfield Homes, L.P. from financial obligations concerning the construction of water and wastewater lines included in that certain letter agreement dated December 29, 2000 by and between the City of Denton and Wynne/Jackson Lakes Development, L.P. as a successor in interest; and providing severability and an effective date. The Public Utilities Board recommended approval (6-0). Exhibit 1- Aqenda Infarmaitan Sheet.dacx Exhibit 2 - Site Map.pdf Exhibit 3- Citv Cauncil Aqenda Infarmatian Sheet 2013.pdf Exhibit 4- Letter Ac�reement 2000.pdf Exhibit 5 - ardinance.pdf Consider adoption of an ordinance of the City of Denton, Texas approving a City sponsorship in an amount not to exceed $355 of in-kind services and resources for the Freedom Town 2.0 Reloaded: Movie in Fred Moore Park, on Friday, May 4, 2018, at Fred Moore Park; and providing an effective date. Exhibit 1 Aqenda Infarmatian Sheet.pdf Exhibit 2 ardinance.pdf Exhibit 3 Letter af Request.pdf 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. II) 18�F�18 Consider approval of a resolution incorporating a City of Denton Employee Ethics Policy, Reference number 10.00, within the City of Denton Personnel Policies and Procedures; repealing the City's Nepotism and Outside Employment policies, Reference number 102.08 and 108.09, of City of Denton's current policies and procedures; and providing an effective date. Page 6 Printed on 4/13/2018 City Council Meeting Agenda April 17, 2018 Attachments: B. II) 18�F�53 Attachments: Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2 - Ethics Palicv Exhibit 3 - Presentatian Exhibit 4 - Resalutian Consider adoption of an ordinance authorizing the City Manager, or his designee, to sign a Confidentiality Agreement with New Braunfels Utilities (NBU) to enable the City of Denton to review proposals received by NBU from their request for proposals for renewable power from solar energy resources. Exhibit 1- Aqenda Infarmatian Sheet.pdf Exhibit 2 - Canfidentialitv Aqreement.pdf Exhibit 3 - Amended RFP.pdf Exhibit 4 - ardinance.pdf 6. PUBLIC HEARINGS A. II) 18�F�19 Hold a third public hearing and consider adoption of an ordinance of the City of Denton, Texas amending the Code of Ordinances, related to Chapter 2 titled "Administration" Article XI titled `Bthics" and providing for findings of fact, repealer, severability, codification, effective date, proper notice and meeting. Attachments: Exhibit 1- Ethics AIS Public Hearinq.pdf B. Z18�OOOSa Attachments Exhibit 2- Ethics ardinance.pdf Exhibit 3- Presentatian.pdf Hold a public hearing and consider adoption of an ordinance to rezone approximately 5 acres from Downtown Residential 1(DR-1) and Downtown Residential 2(DR-2) districts to a Downtown Commercial General (DC-G) District. The subject property is located at 610 N. I-35E, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted 5-0 to approve this request. (Z18-OOOSa, Denton Baptist Temple, Shandrian Jarvis Ugwoke). Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Aerial Map Exhibit 4 - Zaninq Map Exhibit 5- Future Land Use Ma Exhibit 6- Prapased Zaninq Map Exhibit 7- Camparisan af Permitted Use Exhibit 8-�Iatificatian Map and Respanses Exhibit 9 - Draft ardinance Exhibit 10 - P�Z Cammissian Meetinq Minutes Exhibit 11- Presentatian Slides page � Printed on 4/13/2018 City Council Meeting Agenda April 17, 2018 C. I)�A18�0002 Hold a public hearing and consider adoption of an ordinance regarding a proposed a revision to the Denton Development Code; specifically to remove Limitation 34 in Subchapter 5 Zoning Districts and Limitations related to the square footage and number of truck bays for the Distribution Center/Warehouse, General and Warehouse, Retail uses in the Employment Center Districts; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (DCA18-0002, Limitation 34, Hayley Zagurski). Attachments: Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2 - Staff Analysis Exhibit 3- Subchabter 5 Zanina Districts and Limiatians (Redline Exhibit 4- Permitted Use Camparisan Exhibit 5- EC-I Affected Praperties Zaninq Map Exhibit 6- EC-I Affected Praperties Lacatian Map Exhibit 7- EC-C Affected Praberties Zanina M Exhibit 8- EC-C Affected Praperties Lacatian Map Exhibit 9 - Presentatian Exhibit 10 - Draft Planninq and Zaninq Cammissian Meetinq Minutes Exhibit 11 - Draft ardinance 7. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics, above posted. CERTIFICATE I certify that the above notice of 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 page g Printed on 4/13/2018 City Council Meeting Agenda April 17, 2018 NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM AND COUNCIL CHAMBERS ARE 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 9 Printed on 4/13/2018 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-606, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and provide direction to staff on the Denton Development Code Update, specifically regarding development standards (Module 3) and draft zoning map. City of Denton Page 1 of 1 Printed on 4/13/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton _ . City Ha11 �� 5 215 E. McKinney Street tiY �� " Denton, Texas www. cityo fdenton. com DEPARTMENT: CM: DATE: AGENDA INFORMATION SHEET Department of Development Services Todd Hileman April 17, 2018 SUBJECT Receive a report, hold a discussion, and provide direction to staff on the Denton Development Code Update, specifically regarding development standards (Module 3) and draft zoning map. 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 update addresses complex and comprehensive issues and regulations, it was divided into three modules. The third and final module addresses development standards, subdivision regulations, and definitions. • Subchapter 6 includes standards that regulate the physical layout and design of development in the city. The majority of the DDC standards are located in this Subchapter. The standards were substantially reorganized and categorized into topic areas. • Subchapter 7 includes standards for designing new subdivisions of land and associated public improvement requirements. There are several instances where these requirements from the DDC and the criteria manuals overlap. As a result more technical material is proposed to be relocated from the DDC to the appropriate criteria manual. • The last component of Module 3 is Subchapter 8— Definition. Subchapter 8 includes defined terms necessary to understand the provisions contained in the DDC. Attached as Exhibit 2 is a Memorandum regarding Module 3 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 3 for your review. At the work session Clarion Associates will present a summary of the Module 3 and will address comments and questions from Council. The Memorandum and Public Draft was published on April 10, 2018 on the City's dedicated website for public review and comment. Please refer to www.dentoncode2030.com for more information. 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 the public drafts and upcoming meetings and public open houses. All three modules are now published online for public review and comment. Staff has organized a series of ineetings and public open houses tentatively in late April/early May (outlined below) inviting the public to attend and ask questions and provide feedback regarding the draft modules and draft zoning map. Below is a brief outline and tentative schedule with key dates. . . .�sr��rr.E� . . . � �. — , , .ee� . .� • � � ,,. � • . � r ��. � • . . � •. � �. • . � �� • � � � �!!�f .Ri��f i�� .'F� �� • \ \ � �� • �� • ��. \. \. ♦ \ \♦ \. � � � � • � . � � i �� • � � • • Module 3 — Development Standards o April 17 - City Council Work Session o April 18 — DDC Advisory Committee Meeting (Work Session Room, 9— 11 am) o April 18 - Meeting with Denton Community Development Alliance (DCDA) (Denton Chamber of Commerce, 2:00 — 3:30 pm) o April 18 - Special Called P&Z Word Session (Work Session Room, 4— 6 pm) o April 18 - Public Open House (Civic Center, 6— 8 pm) • Consolidated Public Draft and Proposed Zoning Map — Public Open Houses (residents may attend any Open House) o Apri123 — Fred Moore High School (6 — 8 pm) o Apri126 — LaGrone Advanced Technology Center (6 — 8 pm) o May 2— Development Services Center (8 — 5 pm) o May 3— Development Services Center (8 — 5 pm) o May 7— Denton Convention Center (6 — 8 pm) o May 10 — Sam Houston Elementary School (6 — 8 pm) o May 12 — Civic Center (9 am to noon) o TBD — Emily Fowler Central Library (6 — 8 pm) o TBD — North Branch Library (6 — 8 pm) o TBD — South Branch Library (6 — 8 pm) • 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, DDC Advisory Committee, and Planning and Zoning Commission on the public drafts and schedule of ineetings and public open houses as they become necessary. We encourage individuals interested to go to www.dentoncode2030.com for more information. The public can review the public drafts of the DDC Update and provide comments online, by email of in person at the Development Service Center. 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 • March 27, 2018 — City Council Work Session regarding Administration and Procedures (Module 2) • March 28, 2018 — DDC Advisory Committee Meeting regarding Administration and Procedures (Module 2) • March 28, 2018 — Special Called Planning and Zoning Commission Work Session regarding Administration and Procedures (Module 2) • March 28, 2018 - Administration and Procedures (Module 2) Public Open House • April 6, 2018 — DDC Advisory Committee Meeting • April 10, 2018 - City Council Work Session regarding DDC Advisory Committee STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1. Agenda Information Sheet 2. Memorandum of Development Standards (Module 3) 3. Public Draft of Development Standards (Module 3) 4. Presentation 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: April 10, 2018 RE: Denton DDC Update — Module 3, Development Standards — PUBLIC DRAFT We are pleased to submit the public draft of the third module of the Denton Development Code, Development Standards, which includes: • Subchapter 6: DevelopmentStandards o Land Disturbing Activities o Environmentally Sensitive Areas o Drainage o Water and Wastewater o Landscaping, Screening, Buffering, and Fences o Access and Circulation o Parking and Loading o Site and Building Design o Exterior Lighting o Electric Standards • Subchapter 7: Subdivisions • 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: • Tailor Development Standards to Specific Context and Area: This draft departs from a"one- size-fits-all" approach to development standards and introduces a more tailored approach through the applicability of each section. For example, it is proposed that some minimum and maximum parking standards do not apply to areas in downtown. This approach is intended to allow flexibility in Denton's varying physical character areas and zoning districts. • Create New Tools to Provide Flexibility: This draft also introduces tools for a more menu-based approach, including a point system for required buffer areas. New parking alternatives are also proposed, providing developers with ways they can reduce the minimum required number of parking spaces through a menu of options. We also in included a new point-based buffer requirement, by which certain buffer elements (walls, fences, landscape buffer) are worth more points than others, and certain land uses require more buffer points when adjacent to other less � �.... �� "„� � u ..� � �� . � �� 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 Deve(opment Code Update - Modu(e 3 PUBLIC DRAFT, p.2 intense uses. The flexible standards in this draft enhance the intent of the DDC through performance options rather than only relying on prescriptive means. There are also several provisions throughout the draft that give the Director authorization to approve alternative solutions when they meet the intent of the DDC. • Protect Neighborhoods: This draft carries forward and builds upon the current standards in place to address common concerns from neighborhoods that are in or near commercial districts, including: parking and loading; pedestrian safety and walkability; traffic generation; aesthetic value of new development; scale of new development; and nuisance pollutants from light, air, and noise. For example, the enhanced buffer requirements ensure that potentially negative impacts from adjacent land uses are eliminated and/or minimized. • Interdepartmental Coordination: Throughout this Module, we have identified content that is technical- and/or design-related that we recommend relocating to a criteria manual or other administrative manual. To ensure consistency among city departments, it is important that ongoing efforts to update existing ordinances, criteria manuals, and other documents are coordinated with the review of this document. Throughout the draft we make note of any technical information that we propose to be relocated to an administrative manual or other criteria manual in the footnotes. If staff agrees, we will remove that content from the draft and place it in a"bin" for future incorporation into the appropriate manual. The content in this draft is also informed by the Texas Local Government Code and City staff and stakeholder comments received in January 2017, August 2017, and November 2017. As with Module 2, this draft includes several footnotes indicating where the content in the draft was retrieved from in the current DDC and additional commentary summarizing proposed edits. There are also several highlighted DISCUSSION ITEM: footnotes where Clarion and City staff are coordinating to decide the best approach for specific standards. T P S V�TI The current draft includes a placeholder for the tree preservation element. When a final action has been taken on this items, we can integrate the ordinances into the draft. �P ICS There are several placeholders where we indicate that a new graphic should be developed (or an existing graphic revised). Any remaining graphics (including new requests by staff) will be included with the consolidated draft. '. � `, �; , � ., „ '� , ;, , This subchapter includes standards that regulate the physical layout and design of development within Denton to ensure the protection of the health, welfare, safety, and quality of life. These standards address the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment to ensure development will contribute to the overall attractiveness of the City and not negatively impact the use and enjoyment of surrounding property. Memo - Denton Deve(opment Code Update - Modu(e 3 PUBLIC DRAFT, p.3 h , n The first two sections address the purpose and applicability of the subchapter. Because this subchapter consolidates several design standards from various subchapters of the current DDC, we did not include global exemptions from Development Standards subchapter Instead, we have included applicability standards and exemptions at the beginning of each section in this subchapter that have been derived from current 35.13.2 and 35.13.3 and other various parts of the DDC. We are considering the creation of a new table to replace the current Expansion Applicability Table in 35.13.3; however this requires further discussion with staff. This section includes the requirements for earthwork construction from current Subchapter 18, Land Disturbing Activities that have been carried forward with minimal revisions. Information related to application submittal requirements is proposed to be relocated to an administrative manual or criteria manual and new language addressing liability is introduced. Content in this section was also reorganized and edited for grammatical consistency and clarity. The current Subchapter 17 (recent updates approved by ordinance) was integrated into this draft; however, several cross-references require updates to match the new locations in the proposed DDC update. Those changes will be reflected in the consolidated draft. This section includes the requirements for drainage from current Subchapter 19, Drainage Standards. Several changes are proposed to this section to better align the DDC with the newly approved Stormwater Design Criteria Manual. Footnotes provided throughout this section identify where content has been modified from current standards. The edits proposed in this draft are recommended by city staff. Content related to subdivisions, procedures, or other topics is proposed to be relocated to the corresponding subchapter or section of the DDCe S C71 6.6 �T � �ST �T ST� � S This section includes the requirements for water and wastewater from current Subchapter 21, Water and WastewaterStandards. Several changes are proposed to this section to better align the DDC with the newly approved Stormwater Design Criteria Manual. Footnotes provided throughout this section identify where content has been modified from current standards. The edits proposed in this draft are recommended by city staff. There are several standards in this section involving administration and procedures involving the DRC, City Council, Planning and Zoning Commission, Public Utilities Board, Director of Water Utilities, Water Utilities Department, and others. We are working with City staff to determine if the current procedures are achieving the desired results, or if alternative procedures should be considered. Content related to subdivisions, procedures, or other topics have been relocated to the corresponding subchapter or section of the DDC. S C71 6.7 S�PI , S 1, 1,� C S This section includes standards related to tree preservation (underway), landscaping, buffering, and screening, fences and walls from Subchapter 13: Site Design Standards and Subchapter 14: Parking Standards. The current landscaping requirements were updated to reflect staff's recent proposed revisions (from redlines submitted in 2017). We introduced a new alternative landscaping plan option Memo - Denton Deve(opment Code Update - Modu(e 3 PUBLIC DRAFT, p.4 that gives the Director greater authority to allow flexible approaches that still meet the intent of the landscaping requirements. Simple new buffering standards were also proposed for consideration. We also introduce additional standards focused on water preservation and improving stormwater quality through low-impact landscape design and limitations on turf grass. We relocated the parking lot landscaping standards to this section, though they could be located in off-street parking at staff discretion. Fence and screening standards were amended to incorporate a broader set of standards to address materials, quality, and height. We left a placeholder in this draft for Tree Preservation requirements. Our understanding is that those proposed standards are under review and on hold. ,, , This section includes standards related to pedestrian, bicycle, and vehicle access and circulation from Subchapter 13: Site Design Standards; Subchapter 14: Parking Standards; and Subchapter 20: Transportation. This section organizes Denton's current standards related to internal circulation, connections between developments, and multi-modal considerations as well as introduces new standards. Substantive changes proposed in this draft are called out in the footnotes. In March of 2018, the City adopted a revised Transportation Design Criteria Manual (TDCM) that includes the minimum guidelines for the design and construction of transportation infrastructure within the City of Denton. The TDCM and the DDC will act as companion documents to establish transportation-related standards in the City. While the TDCM primarily focuses on public improvements and the DDC focuses on private improvements, it is inevitable that some overlap may exist between the two. This content in this section may be re-organized or removed to reconcile any overlap between the two documents; however, significant departures from the proposed policies and standards presented in this section is unlikely. The Consolidated Draft will include revisions to this section that are deemed necessary to align the TDCM and the DDC. This section replaces Subchapter 14: Parking Standards, and consolidates off-street parking and loading standards from other areas of the DDC. This draft includes a table of required parking spaces that corresponds to the table of allowed uses presented in Module 1(ensuring that each proposed land use type has an associated off-street parking requirement). The current parking requirement for each use is listed (if one exists) in the second column for comparison against the new proposed requirement. Some existing parking requirements include a broad range of land use types (e.g. "business, general retail, personal services"). In these cases, we used our judgment to assign a current parking standard to the proposed land use type most closely related to it. Proposed changes are indicated with footnotes. Denton's current parking standards are unusual compared to many cities in that Denton requires developers to provide the exact number of parking spaces required - no more, no less. In the parking table we propose new minimum parking standards for consideration. For now, we left the current standards in that table for comparison purposes. The current standards column would be removed prior to adoption. To increase flexibility, this draft includes a new maximum parking standard of 125 percent of the minimum parking required. Some of the content in subsection 6.9.6: Off-Street Parking Layout and Design, may be added to, re- organized, or removed to reconcile any overlap between the newly adopted TDCM. New parking stall and drive aisle dimensional standard and parking area surface material standards are proposed with this Memo - Denton Deve(opment Code Update - Modu(e 3 PUBLIC DRAFT, p.5 draft. The Consolidated Draft may include additional revisions to this subsection to better align the TDCM and the DDC. Several other new and revised standards are included in this section, including parking alternatives, bicycle parking, off-street parking design, and loading and stacking areas. S C71 6.10 517 � IL 1 SI This section addresses the site and building design standards for residential, nonresidential, and mixed- use development. This section carries forward a substantial number of standards from 35.13.13: Site DevelopmentStandards, with major revisions for clarity and to strengthen the design standards in various contexts. We also incorporated several revisions that were included in a 2017 staff redline, mostly related to the use of inetal and other building material requirements. Alt�rr�ati�✓�s A r��✓�d by �ir��t�r Throughout the draft we included several provisions giving the Director greater flexibility to approve designs not otherwise prescribed by these standards in an effort to reduce the number of applicants seeking relief from other procedures (mainly ADPs). ��r ar�rzatr�r� The standards were substantially reorganized to categorize design elements into topic areas (e.g., site design and orientation vs. building mass and form vs. building materials, etc.). Star�dards f�r N ar�d � �istri�ts References to the "pedestrian oriented districts" were revised to the MN and MD districts (previously NRMU, NRMU-12, DC-N, and DC-G districts). We created a new section for additional standards required for nonresidential and mixed-use buildings in the MN and MD districts. Lar �mS�al� ��✓�I� �r�t Star�dards/G�id�lir��s N�t �arri�d F�r ard We did not carry forward the design standards and guidelines for large-scale development. Many of those standards were already addressed by use-specific standards in Subchapter 5. Additionally, the standards addressing nonresidential building design are adequate to also apply to large-scale developments. Gra hi�s We noted several places where existing graphics should be replaced and/or new graphics should be developed. We will prepare those for the consolidated draft. S C71 6.11 7 1 LI TI This section replaces current Subsection 35.13.12: Light and Glare Performance Requirements, and contains the standards for exterior lighting requirements including types of lighting, illumination requirements, and dimensional requirements. The current DDC is extremely brief on lighting regulations, so many of the standards in this section are new. The new lighting standards require submittal of a lighting plan to provide staff adequate review materials for compliance and enforcement. It is important for the City to consider its ability to effectively administer and enforce these new standards, as well as to coordinate review with all departments interested in lighting on both private and public property. Memo - Denton Deve(opment Code Update - Modu(e 3 PUBLIC DRAFT, p.6 This section includes the requirements for electric standards from current Subchapter 24, Electric Standards, and has been carried forward with minimal revisions. Content related to administration and procedures has been updated to reference the content from Module 2: Administration and Procedures. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, C �T°E 7m I I I ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, This subchapter includes standards for designing new subdivisions of land and the associated required public improvements from Subchapter 16: Subdivisions. There are several instances where content from this subchapter overlaps with the content in Subchapter 6: DevelopmentStandards and the City's Design Criteria Manuals. Further discussion is required to determine the best place for this content. Technical information we propose to be relocated to an administrative manual or criteria manual is noted in the footnotes. S C71 7.1: P P S� 7.2 �PPLIC� ILI Section 7.1: Purpose replaces current 35.16.2 and includes new statements to reinforce the purpose of the subdivision subchapter. Section 7.2: Applicability establishes the framework for when the subdivision regulations apply in Denton, and has largely been carried forward with minimal revisions. S C71 7.�: S IVISI SI ST� � S This section includes the design standards for how lots, blocks, and streets are organized in a subdivision. As recommended in the Assessment Memo, we introduced specific flag lot standards as well as optional cluster subdivision standards. The cluster subdivision tool is new to Denton and provides an alternative subdivision option to allow flexibility in lot design and layout if sensitive lands and/or open areas are protected. Further discussion is required on whether or not cluster subdivisions should be limited to specific zoning districts as proposed, and whether or not the tool should be required in some cases (e.g., in high-hazard areas). Several new standards are introduced in this section which requires further coordination with City departments and staff. S C71 7.4: 1 P V T ST� � S This section includes standards for required improvements associated with subdivisions from current Subchapter 16: Subdivisions. We recommend that technical and design-related content in this section be relocated to an administrative manual or criteria manual to group related information. Some content from this section may also be relocated to Section 6.6: Water and WastewaterStandard where staff feels it is appropriate. Standards that are unique to the subdivision of land are retained in this section. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, C �T°E m EFI lil ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, This subchapter includes defined terms necessary to understand the provisions contained in this subchapter (Development Standards). 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 3, and were not included with Modules 1 or 2, are highlighted in yellow. New definitions to the City are noted by footnote. Memo - Denton Deve(opment Code Update - Modu(e 3 PUBLIC DRAFT, p.7 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 3: DevelopmentStandards on April 17t" and 18tn Please visit the project website: www.d�ntrancrad�2030.cram for meeting times and project updates. �� "�� '��II'� �� IIIIIII� IIIIIIII ��ii�� ' � �� „��°"�� "�� Illl� �� i � Illl� ��i � �� Illl� ��i �� IIII�� , � � �� iiiii ��iiiii � iiiii �� iiii� �� i� �� °� IIIII IIII�°°�I IIIII °°�� IIIII �°�°� IIII�°°�� IIU�Wr"I�N" IIIIIIIIIIV ,11, ��Iqll�li IIIII ��Nb ��I�I,�� W wx Denton, Texas - Denton Development Code Module 3- Development Standards- Public Draft-April 2018 . � ' � ' ! 6.1 Purpose ......................................................................................................................................11 6.2 Applicability ..............................................................................................................................11 6.3 Land Disturbing Activities ........................................................................................................11 6.3.1 Purpose ...........................................................................................................................................................................................11 6.3.2 Approval and Permit Required .............................................................................................................................................. 12 6.3.3 Exemptions ....................................................................................................................................................................................12 6.3.4 Liability ............................................................................................................................................................................................13 6.3.5 Applications ...................................................................................................................................................................................13 6.3.6 Standards ........................................................................................................................................................................................13 6.3.7 Compliance Required ................................................................................................................................................................ 16 6.4 Environmentally Sensitive Areas .............................................................................................17 6.4.1 Purpose ...........................................................................................................................................................................................17 6.4.2 Application .....................................................................................................................................................................................17 6.4.3 Environmentally Sensitive Areas Criteria Manual .......................................................................................................... 17 6.4.4 Environmentally Sensitive Areas Compliance Review .................................................................................................. 18 6.4.5 Definitions ......................................................................................................................................................................................19 6.4.6 Official Map ...................................................................................................................................................................................20 6.4.7 Floodplain Development Standards ...................................................................................................................................21 6.4.8 Riparian Buffer and Water Related Habitat Development Standards ................................................................... 22 6.4.9 Upland Habitat Development Standards .......................................................................................................................... 23 6.4.10 Clustering Design Standards .................................................................................................................................................. 24 6.4.11 Alternative Environmentally Sensitive Area Plans ......................................................................................................... 24 6.5 Drainage ....................................................................................................................................26 6.5.1 Purpose ...........................................................................................................................................................................................26 6.5.2 Compliance ....................................................................................................................................................................................26 6.5.3 General Drainage Requirements ..........................................................................................................................................26 6.6 Water and Wastewater Standards ...........................................................................................34 6.6.1 Applicability ...................................................................................................................................................................................34 6.6.2 Basic Policy ....................................................................................................................................................................................34 6.6.3 Extensions of Water and Sewer Mains ............................................................................................................................... 35 6.6.4 Fire Hydrants .................................................................................................................................................................................37 6.6.5 Booster Pump Stations and Pressure Regulating Valves ...........................................................................................37 6.6.6 Lift Stations .................................................................................................................................................................................... 37 6.6.7 Easement Requirements ..........................................................................................................................................................38 6.6.8 Sewer Capacity Requirements ...............................................................................................................................................40 6.6.9 Impact Fees ....................................................................................................................................................................................40 6.6.10 Tapping Fees .................................................................................................................................................................................40 Denton, Texas - Denton Development Code Module 3- Development Standards- Public Draft-April 2018 6.6.11 6.6.12 6.6.13 6.6.14 6.6.15 6.6.16 6.6.17 BasicPolicy ..................................................... Fee Schedule .................................................. Administrative Procedure ......................... Oversize Participation by the City......... Pro-Rata Agreements ................................. Alternative Water and Sewer Facilities Plans and Specifications ............................ 40 40 40 41 42 45 50 6.7 Landscaping, Screening, Buffering, And Fences .....................................................................51 6.7.1 Purpose ...........................................................................................................................................................................................51 6.7.2 Applicabiliry ...................................................................................................................................................................................52 6.7.3 General Landscaping Standards ........................................................................................................................................... 54 6.7.4 Buffer Requirements .................................................................................................................................................................. 55 6.7.5 Street Tree Requirements ........................................................................................................................................................ 57 6.7.6 Parking Area Landscaping ....................................................................................................................................................... 59 6.7.7 Tree Protection Standards ....................................................................................................................................................... 61 6.7.8 Site Design for Low Impact Development (LID) ............................................................................................................. 61 6.7.9 Walls, Fences, and Screening .................................................................................................................................................63 6.7.10 Installation and Maintenance ................................................................................................................................................65 6.8 Access and Circulation ..............................................................................................................66 6.8.1 Purpose ...........................................................................................................................................................................................66 6.8.2 Applicability ...................................................................................................................................................................................66 6.8.3 Circulation Plan Required ........................................................................................................................................................66 6.8.4 Compliance with Specifications ............................................................................................................................................ 67 6.8.5 Vehicle Trips .................................................................................................................................................................................. 67 6.8.6 Street Design ................................................................................................................................................................................67 6.8.7 Street Connectivity ..................................................................................................................................................................... 69 6.8.8 Developer Responsibility for Access and Circulation Improvements ................................................................... 71 6.8.9 Transportation Impact Analysis (TIA) .................................................................................................................................. 74 6.8.10 Driveways and Access ...............................................................................................................................................................74 6.8.11 Cross-Access between Abutting Development .............................................................................................................. 78 6.8.12 Pedestrian and Bicycle Circulation ....................................................................................................................................... 79 6.8.13 Public Transit Standards ........................................................................................................................................................... 83 6.9 Parking and Loading .................................................................................................................85 6.9.1 Purpose ...........................................................................................................................................................................................85 6.9.2 Applicability ...................................................................................................................................................................................85 6.9.3 Calculations ...................................................................................................................................................................................87 6.9.4 Amount of Off-Street Parking Required ........................................................................................................................... 88 6.9.5 Parking Alternatives ...................................................................................................................................................................98 6.9.6 Off-Street Parking Layout and Design .............................................................................................................................101 6.9.7 Loading Areas .............................................................................................................................................................................105 6.9.8 Bicycle Parking ...........................................................................................................................................................................105 6.10 Site and Building Design ....................................................................................................... 106 6.10.1 Purpose .........................................................................................................................................................................................107 6.10.2 Applicability .................................................................................................................................................................................107 6.10.3 Single-Family, Duplex, and Townhome Site and Building Design Standards .................................................108 6.10.4 Multifamily Site and Building Design Standards .........................................................................................................110 6.10.5 Nonresidential and Mixed-Use Buildings .......................................................................................................................113 6.10.6 Additional Standards for Nonresidential and Mixed Use Buildings in the MN and MD Districts..........114 6.11 Exterior Lighting .................................................................................................................... 116 6.11.1 Purpose .........................................................................................................................................................................................116 6.11.2 Applicability .................................................................................................................................................................................116 6.11.3 Exemptions ..................................................................................................................................................................................116 Denton, Texas - Denton Development Code ii Module 3- Development Standards- Public Draft-April 2018 6.11.4 Standards Applicable to All Development 6.11.5 Parking Area Lighting ......................................... 6.11.6 Building Lighting .................................................. 6.11.7 Street Lighting ....................................................... 117 117 118 118 6.12 Electric Standards ................................................................................................................... 119 6.12.1 Purpose .........................................................................................................................................................................................119 6.12.2 General Design Standards .....................................................................................................................................................119 6.12.3 Transmission Line Clearance Standards ..........................................................................................................................120 6.12.4 Distribution Line Clearance Standards .............................................................................................................................120 6.12.5 Electric Substation and Switch Station Design Standards .......................................................................................121 7.1 Purpose ...................................................................................................................................124 7.2 Applicability ........................................................................................................................... 125 7.2.1 Territorial Jurisdiction ..............................................................................................................................................................125 7.2.2 Extraterritorial Jurisdiction ....................................................................................................................................................125 7.2.3 Exemptions ..................................................................................................................................................................................126 7.2.4 Compliance and Enforcement .............................................................................................................................................126 7.2.5 Platting Requirements ............................................................................................................................................................127 7.3 Subdivision Design Standards .............................................................................................. 129 7.3.1 General ..........................................................................................................................................................................................129 7.3.2 Lot Planning ................................................................................................................................................................................129 7.3.3 Block Layout ................................................................................................................................................................................132 7.3.4 Cluster Subdivisions .................................................................................................................................................................132 7.3.5 Auto Courts .................................................................................................................................................................................134 7.3.6 Gated Community Standards ...............................................................................................................................................134 7.4 Improvement Standards ........................................................................................................ 139 7.4.1 Purpose .........................................................................................................................................................................................139 7.4.2 Compliance Required ..............................................................................................................................................................139 7.4.3 Cost of Improvements and City Participation ...............................................................................................................140 7.4.4 Applicant to Extend Mains and Streets to Subdivisions ...........................................................................................140 7.4.5 Pre-Construction Phase Procedures and Requirements ..........................................................................................140 7.4.6 Development Contract Required ........................................................................................................................................140 7.4.7 Construction, Inspection, and Acceptance .....................................................................................................................140 7.4.8 Gas Well Notification Disclosure ........................................................................................................................................141 7.4.9 Streets ............................................................................................................................................................................................141 7.4.10 Utilities ...........................................................................................................................................................................................141 7.4.11 AdequateWaterSystem ........................................................................................................................................................142 7.4.12 Adequate Sewer System ........................................................................................................................................................143 8.1 Rules of Construction ............................................................................................................. 145 8.1.1 General ..........................................................................................................................................................................................145 8.1.2 Headings, Illustrations, and Text .........................................................................................................................................145 8.1.3 Lists and Examples ....................................................................................................................................................................145 8.1.4 Computation of Time ..............................................................................................................................................................145 8.1.5 Delegation of Authority ..........................................................................................................................................................145 8.1.6 Nontechnical and Technical Words ...................................................................................................................................146 8.1.7 Mandatory and Discretionary Terms ................................................................................................................................146 8.1.8 Conjunctions ...............................................................................................................................................................................146 8.2 Definitions of Measurement Terms ...................................................................................... 146 Denton, Texas - Denton Development Code iii Module 3- Development Standards- Public Draft-April 2018 8.2.1 Site Measureme 8.2.2 Height ................... 8.2.3 Lot Characteristi 146 147 147 8.2.4 Setbacks and Yards ..................................................................................................................................................................149 8.3 Definitions of General Use Categories and Specific Use Types ........................................... 149 8.4 All Other Terms Defined ........................................................................................................ 149 Denton, Texas - Denton Development Code Module 3- Development Standards- Public Draft-April 2018 iv � . � . . • . • (Module 2) Denton, Texas - Denton Development Code Module 3- Development Standards- Public Draft-April 2018 � . � ' ' � • ,' . ! . • � , � ` II - (Module 2) Denton, Texas - Denton Development Code Module 3- Development Standards- Public Draft-April 2018 � r �, ' ! • � (Module 1) Denton, Texas - Denton Development Code Module 3- Development Standards- Public Draft-April 2018 � . � � � . . II ! �; (requires further discussion) Denton, Texas - Denton Development Code Module 3- Development Standards- Public Draft-April 2018 � r � �. � � r ! (Module 1) Denton, Texas - Denton Development Code 10 Module 3- Development Standards- Public Draft-April 2018 � . � ' ' • � - - ! � - , . ,• . • Commentary: This subchapter includes standards that regulate the physical layout and design of development within Denton to ensure the protection of the health, welfare, safety, and quality of life. These standards address the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment to ensure development will contribute to the overall attractiveness of the City and not negatively impact the use and enjoyment of surrounding property. This subchapter includes standards that regulate the physical layout and design of development within Denton to ensure the protection of the health, welfare, safety, and quality of life. These standards address the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment, in order to implement the comprehensive plan vision for a visually cohesive, efficient, and livable community. Commentary: This section replaces the current 35.13.2: Application and 35.13.3: Procedure/Plans Required that includes standards for when site design standards are triggered. Because this subchapter consolidates several design standards from various subchapters of the current DDC, we did not think it was wise to include global exemptions from the Development Standards subchapter. Instead, we have included applicability standards and exemptions at the beginning of each section in this subchapter that have been derived from current 35.13.2 and 35.13.3 and other parts of the DDC. We are considering the creation of a new table to replace the current Expansion Applicability Table in 35.13.3; however this requires further discussion with staff. The requirements of this subchapter shall apply to all development pursuant to Subsection 1.3.2, App(icabi(ity, unless otherwise exempted in this subchapter. Commentary: This section includes the requirements for earthwork construction from current Subchapter 18, Land Disturbing Activities and have been carried forward with minimal revisions. Information related to application submittal requirements is proposed to be relocated to an Administrative Criteria Manual. Proposed additions and changes to this section are noted below. �m3m� I�u�l�� The section establishes standards that regulate earthwork construction, including clearing, grading, grubbing, stockpiling, excavation, and embankments on property located within the City, in order to: 1 New. Z Replaces current 35.13.2 that includes standards for when site design standards are triggered. Rather than exempting several development activities from the entire Development Standards subchapter, we have included applicability standards and related exemptions at the beginning of each section in this subchapter. 3 From current 35.18. ' Introductory sentence is new. The following list is carried forward from current 35.18.1. Denton, Texas - Denton Development Code 11 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��:3 Il,,.�irna� IC�ii��:�uirlh�iiirn� ��:ii�ii�:6�� 63.2 Approval and Permit Required A. Preserve and enhance the City of Denton's natural character by preventing untimely and indiscriminate removal or destruction of trees, understory, and ground cover; B. Protect and preserve the ecological functions of environmentally sensitive areas (ESAs) by regulating land disturbances and removal of vegetation within the ESAs; C. Protect the City from sediment entering streets, storm sewers, ditches and streams, which may result in additional taxes for City maintenance costs, increased flooding, impaired water quality, and damage to property; D. Promote soil conservation by minimizing land disturbances, thereby reducing sedimentation, air, and surface water pollution; and E. Comply with state and federal stormwater regulations. ��2 I�I�i��ar�lll �i�� I��iiriir�miir� I��,�uiiii�� A. No person shall engage in any clearing, grading, grubbing, stockpiling, excavating, cutting, or other site earthwork without first obtaining the proper permit and/or authorization pursuant to Subchapter 2: Administration and Procedures, and any other applicable ordinances, plans, policies, and City standards. B. Activities shall be limited to the area and scope identified on the plans submitted with the development permit, and shall comply with all state and federal stormwater regulations. � m3 m3 I�� i�m �� iii � i�m ��' Unless otherwise provided in this code, the following shall be exempt from the provisions of this subchapter:' A. Existing legal uses of property or the right to continuation of such legal use, and reasonable repair or alteration of such property pursuant to Section 1.5, Nonconformities;$ B. Grading and clearing in emergency situations involving immediate danger to life and property or substantial fire hazards; C. Any activity where the total volume of material disturbed, stored, disposed of or used as fill does not exceed 25 cubic yards and the area disturbed does not exceed 2,000 square feet, provided it does not obstruct a watercourse and is not located in a floodplain or other environmentally sensitive area.9 D. Soil disturbing activities, excluding tree removal, that are associated with normal agricultural crop operations. E. Stockpiling and handling of earth material associated with commercial quarry and landfill operations licensed under the state. 5 Replaces current 35.18.2. DISCUSSION ITEM: Did not carry forward language specific to review procedures and submittal requirements for clearing and grading permits, grubbing permits, or stockpiling and excavation permits. The submittal requirements for these permits can be included in an Administrative Criteria Manual or other engineering criteria manual. The review procedures for these permits can be added to Module 2, Administration and Procedures, or can be relocated to a separate manual outside of the DDC. 6 From current 35.183, revised as noted. Did not carry forward 35.18.3E. ' Added statement at beginning of sentence, "unless otherwise provided in this code." $ New. 9Previously 35.18.3.B. Did not carry forward the last sentence, "Projects shall comply with state and federal regulations." This standard is included in 63.2, Approvaf and Permit Required above. Denton, Texas - Denton Development Code 12 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��:3 Il,,.�irna� IC�ii��:�uirlh�iiirn� ��:ii�ii�:6�� 63.4 Liability �� I�iii�l�iiillliir�� The exemptions provided in 6.3.3 do not preclude any person from liability if that person's actions increase flood hazards to any other person or property. Neither the issuance of a building permit nor compliance with the provisions of this Section 6.3, or with any conditions imposed in the building permit, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the city for damage to other persons or property. �m3m,!� �I�I�Illiii��iii�i�m� Permit applications and requirements, processing of applications, and conditions of issuance are as follows: A. An application along with the required fee shall be submitted in accordance with Subchapter 2: Administration and Procedures, and the Administrative Criteria Manual. B. Any Permit granted under this subchapter shall expire one year from the date of issuance. Upon a showing of ongoing construction activity, the Permit may be extended by the Building Official for one six month period and for an additional fee. C. Reviewed plans shall not be amended without authorization of the Building Official. The Building Official may suspend or revoke a Permit because of incorrect information supplied, or for any violation of the provisions of this subchapter. �m3m� ��i�m�'�i��'�� Land disturbing activities shall comply with the Texas Commission on Environmental Quality (TCEQ) regulations found in TXR150000 and this subchapter. The design criteria for erosion and sediment control shall comply with the design standards contained in the Site Design Criteria Manual. Permittees shall also comply with the following general regulations and standards:12 A. General Regulations 1. The activity will not create or contribute to landslides, accelerated soil creep, and settlement. 2. The activity will not create or contribute to flooding, erosion, or increased turbidity, siltation or other forms of pollution in a watercourse. 3. Operations shall be consistent with anticipated build-out schedule, and shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time. B. Construction Stormwater Notice of Intent (NOI) Required The site operator or owner shall provide a copy of the signed Notice of Intent (NOI) from the TCEQ for all sites that are larger than five acres or are less than five acres and part of a larger common plan of development that is larger than five acres. A copy of Notice of Termination (NOT) shall be provided to the City after final stabilization is completed and temporary erosion and sediment controls are removed.13 lo New. 11 Carried forward from 35.18.5. Outside edits to the Site Design Criteria Manual may be needed prior to adoption of this DDC. lZ First sentence is new. 13 Replaced last sentence of current standard with that shown. Denton, Texas - Denton Development Code 13 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��:3 Il,,.�irna� IC�ii��:�uirlh�iiirn� ��:ii�ii�:6�� 63.6 Standards C. Construction Site Notice (CSN) Required 1. Small Construction The site operator or owner shall provide a copy of the signed Small CSN Construction Site Notice for all sites less than five acres and not part of a larger common plan of development exceeding five acres, larger than one acre and less five acres, or part of a common plan of development greater than one acre and less than five acres. and shall develop and maintain a Storm Water Pollution Prevention Plan (SWPPP) for the site in accordance with TCEQ regulations. 2. Secondary operators of large construction sites shall provide a copy of the signed Secondary Operator CSN for all sites larger than five acres or part of a larger common plan of development greater than five acres. 3. Site operator shall post a copy of the CSN, the notice must be posted at the construction site in a location where it is safely and readily available for viewing by the general public and City staff. CSN must be posted at least two days prior to commencing construction activity and maintain the notice in that location until completion of the construction activity. D. Stormwater Pollution Prevention Plan (SWPPP) Required 1. The site owner or operator is responsible for routinely inspecting erosion and sediment controls at the site as specified in the SWPPP. The City may also inspect erosion and sediment controls located at a site for compliance. If a responsible party fails to implement, inspect, and maintain controls as specified in the site's approved SWPPP, the City shall provide such party with written notice of non-compliance. The responsible party shall have no less than 48 hours to correct the violation, which may be extended for inclement weather or other factors at the discretion of the City Inspector. 2. When construction or land disturbing activities are conducted as a part of a non-residential or multi-family construction project, temporary erosion and sediment controls shall be installed prior to land disturbing activities as specified in the approved SWPPP. Permanent erosion and sediment controls that are specified in the SWPPP shall be installed and maintained prior to the occupancy of any non-residential or multi-family structure. Phased occupancy will only be allowed when there are no outstanding erosion or sediment control violations for the project for which the request is made. 3. When construction or land disturbing activities are conducted as part of a residential subdivision project, temporary erosion and sediment controls shall be installed prior to land disturbing activities as specified in the approved SWPPP. Permanent erosion and sediment controls that are specified in the SWPPP shall be installed and maintained prior to final acceptance of a subdivision.14 a. The permittee for such subdivision shall continue to maintain all temporary erosion and sediment control devices until permanent erosion and sediment control has been established on all lots within the subdivision for which the permittee retains day-to- day operational control and a Notice of Termination (NOT) is issued; b. If a permittee sells one or more lots in a subdivision to a purchaser, the permittee may extend permit coverage to the purchaser under the developers NOI. If this occurs, the permittee remains the responsible party for the entire subdivision including the 14 Added "prior to land disturbing activities." Denton, Texas - Denton Development Code 14 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��:3 Il,,.�irna� IC�ii��:�uirlh�iiirn� ��:ii�ii�:6�� 63.6 Standards purchased lot(s) and remains liable for violation of this subchapter. A copy of the developer's NOI and a letter from the developer stating that coverage under the NOI has been extended to the purchaser shall be provided to the City as a condition of building permit issuance for the lot(s); c. If a permittee sells one or more lots in a subdivision to a purchaser, the permittee may choose to not extend permit coverage to the purchaser under the permittee's NOI. If this occurs, the permittee remains the responsible party for only those lots for which the permittee retains day-to-day operational control. The purchaser then becomes the responsible party for the lot(s) and is liable for violation of this subchapter;ls d. If a purchaser sells one or more lots prior to final occupancy, the current owner of the lot(s) becomes the responsible party. A copy of owner's NOI and SWPPP shall be provided to the City as a condition of building permit issuance for the lot(s). E. Establishing Ground Cover Temporary Stabilization Temporary stabilization measures shall be established in all areas of the site where soil disturbances have occurred and where construction activities have temporarily ceased for more than 21 calendar days. Temporary stabilization may include seeding, geotextiles, mulches, and similar measures as approved by the City that are designed to reduce or eliminate erosion until permanent stabilization can be achieved or until further construction activity takes place. Permanent Stabilization16 Final stabilization measures shall be initiated within 48 hours of earth disturbing activities permanently ceasing on a portion of the site. Final stabilization measures shall be a uniform perennial vegetative cover with a density of at least 70 percent of the native background vegetative cover for all unpaved areas not covered by structures. c. Final stabilization shall be completed prior to termination of permit coverage. F. Cleanup Operations" 1. The property owner shall be responsible for all cleanup operations incidental to the disturbance of the surface of the property within six months of the operation completion date, including removal of temporary erosion and sediment controls if final stabilization has been obtained, and removal of all trash or other materials not suitable for fill; 2. No soil, rock, mud and/or other construction debris shall be allowed to be deposited on or in the streets, alleys, utility facilities, rights of way, easements, or drainage facilities owned or required by the City of Denton. ls Last sentence not carried forward. 16 New, 17 DISCUSSION ITEM: We recommend including language in the Water and Wastewater Criteria Manual regarding the protection of waste containers from precipitation to help prevent stormwater pollution. Denton, Texas - Denton Development Code 15 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��@ IFirn�iiira�irnirnn�irn�:�llll� S�im�ii�ii�� ir�� 63.7 Compliance Required 3. Upon establishing permanent ground cover or other approved permanent erosion and sediment control, all temporary erosion and sediment control devices shall be removed by the responsible party, as identified on the SWPPP. Failure to comply with this provision is considered a violation of this Subchapter. �m3m'7 ��i�m��llliii�ii�� I��u�iiiiir��n� A. The City may deny the approval of any clearing and grading permit, building permit, site development plan, and any other City approval necessary to commence or continue construction or to assume occupancy, on the grounds that site erosion or sediment controls are determined not to reduce the discharge or sediment, silt, earth, soil or other materials associated with land disturbances to the maximum extent practicable. B. Any person who violates any provision of this section shall be deemed guilty of a violation of this DDC punishable in accordance with Section 1.6, Enforcement and the following standards: 1. The cure period will be established by the Director, and will generally not be less than 24 hours19 unless the alleged failure represents a risk of destruction of property or injury to persons. 2. The cure period may be extended for inclement weather or other factors at the discretion of the Director.20 3. If the permittee does not cure the alleged failure within the time frame specified by the Director, the City may: Notify the TCEQ and request that the TCEQ take appropriate action; and Issue a Stop Work Order and may enforce the penalty provision of Section 1.6, Enforcement, of this DDC against the permittee or site operator, or both.21 4. Should the permittee fail in any respect to fulfill the requirements of this subchapter, the City may go onto the property in question and perform such work as may be necessary to fulfill such requirements, including, but not limited to, leveling grounds, establishing temporary stabilization, constructing erosion controls, and removing all soil, rock, debris, and other materials not suitable for fill at the permittee's expense. The City shall bill the permittee for the expenses incurred. If the permittee fails to pay the City for such expenses within 30 days of being billed for same, the City shall have the right to place a lien on the property for all amounts expended by the City, plus interest at the current lawful rate. C. The remedies provided by this section are in addition to any other remedies described in this Code. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against the violator, including civil enforcement remedies. 18 From current 35.18.6. Renamed from "Remedies of the City." Standards in this section that overlap with those found in Section 1.6, Enforcement, from Module 2 were not carried forward. 19 Current standard is 24 hours. 20 Replaced "permittee" and list of other potential violators in parentheses with "person." Replaced "City representative" with "Director." Zl Updated reference from "Subsection 35.1.10.4." Denton, Texas - Denton Development Code 16 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��@ IFirn�iiira�irnirnn�irn�:�llll� S�im�ii�ii�� ir�� 6.4.1 Purpose Commentary: This Section carries forward the recently approved amendments to the current Subchapter 17 through ordinance DCA17-0011d. Further coordination with this material and the remainder of the proposed new DDC is required. For example, the definitions in this section will be relocated to the end of the DDC. Additionally, the cross-references in this draft to other sections (highlighted in yellow) reference the current DDC subchapters, and not the new proposed DDC structure by which many of the individual subchapters were combined in the new Subchapter 6- development standards. These issues, and potentially minor edits to the text, will be addressed with the consolidated draft. �m�m� I��I�� This Subchapter is adopted for the following purposes: A. Manage and protect environmentally sensitive areas within the City. B. Protect the natural and ecological resources that are essential elements of the City's health and community character and which provide irreplaceable plant and wildlife habitat; C. Establish a development framework for the City that is respective of private property rights, while encouraging them to be used responsibly for the benefit of the entire community; D. Preserve and enhance the City's distinctive community character and quality of life by ensuring that its natural and built environments are consistent with the community vision and values embodied in The Denton Plan. E. Establish regulations that conform to the requirements of the state and federal government regarding air quality, water quality and environmental protection. F. This Subchapter is adopted pursuant to authority vested under the City's charter, and Texas Local Government Code, Chapters 211, 212, and 551. ��2 I�I�Illiii��iii�i� A. The standards of this Subchapter shall apply to all land and all development within the corporate limits of the City, except as otherwise specifically provided for in this Subchapter. B. The floodplain standards of this Subchapter shall apply to all land and all development within the extraterritorial jurisdiction (ETJ) of the City. C. The type of regulation applicable to the land depends upon the classification in which the land is placed, as provided in this Chapter. If those regulations conflict with other regulations of this Subchapter, the more stringent of the two regulations shall apply. �� I�iir�ariiii��i�iirmm�i��lllllly ��iir��iir�iii�� iir�� i�iir��iiriii� I��iir��u�lll In addition to meeting the requirements expressly established in this Subchapter, all environmentally sensitive areas shall comply with the Environmentally Sensitive Areas Criteria Manual. Where there is conflict between a provision set forth in this Subchapter and a provision of the Environmentally Sensitive Areas Criteria Manual, the provisions of this Subchapter shall apply. Denton, Texas - Denton Development Code 17 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��@ IFirn�iiira�irnirnn�irn�:�llll� S�im�ii�ii�� ir�� 6.4.4 Environmentally Sensitive Areas Compliance Review �� I�iir�ariiii��i�iirmm�i��llllll� ��iir��iir�iii�� iir�� immm��llliii�iir�� I��iii� A. Review Required Environmentally Sensitive Area compliance review for residential and non-residential development must be performed as part of a final plat applications and site plan applications, respectively. Protective fencing shall clearly mark and delineate all ESAs to be protected and preserved for the duration of the land disturbing activities on the property. An Environmentally Sensitive Area review is required for all development except for the following: 1. Property that does not contain any Environmentally Sensitive Areas as depicted on the City's Environmentally Sensitive Areas Map. 2. Grading, filling, cutting or other earth-moving activity on any lot involving less than 25 cubic yards for residential projects or 50 cubic yards for non-residential projects; 3. Activities such as ordinary maintenance and landscaping operations, individual home gardens, repairs, and additions or minor modifications of a single-family dwelling, except as prohibited by the Development Code. 4. The applicant can demonstrate through an Environmentally Sensitive Area field assessment application the subject property contains no Environmentally Sensitive Areas or their location is not as depicted on the ESA map. B. Information Required Information as required on the final plat and site plan checklists must be provided. Additional information deemed appropriate and necessary to process the application may also be required. C. Criteria for Approval The requirements of an Environmentally Sensitive Areas review shall be deemed met when the Applicant demonstrates: 1. The land development activity complies with the requirements of this Subchapter for floodplains, Riparian Buffers, Water Related Habitat, and Upland Habitat and all other federal, state or local laws as part of the final plat or site plan. 2. The land disturbing activity will not cause damage to Environmentally Sensitive Areas adjacent to the areas to be disturbed. 3. The land disturbing activity complies with the requirements of Subchapter 18. 4. A wetland delineation by a trained scientist has been performed if encroachments into jurisdictional wetlands are proposed, and a Section 404 Nationwide Permit or a Letter of Permission from the U.S. Army Corps of Engineers has been obtained. 5. An alternative Environmentally Sensitive Area plan has been approved for the subject development. D. Expiration The Environmentally Sensitive Area review shall expire when the final plat for residential development approval expires, or when the site plan approval for a non-residential development expires. E. Credit Any Environmentally Sensitive Area that is preserved may be used towards meeting: 1. Landscape and Tree Canopy requirements contained in Subchapter 13 Denton, Texas — Denton Development Code 18 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��@ IFirn�iiira�irnirnn�irn�:�llll� S�im�ii�ii�� ir�� 6.4.5 Definitions a. One square foot of tree canopy will be given for every square foot of preserved ESA tree canopy (1:1). b. Two square feet of landscape credits will be given for every square foot of preserved ESA tree canopy (2:1). c. One square foot of landscape credits will be given for every square foot of non- wooded preserved ESA (1:1) 2. Parkland dedication in accordance with the Parkland Dedication Ordinance 3. Drainage standards in accordance with Subchapter 19. �m�m,!� I��iiii�miir�iii�i�m� The following are used to define the classifications of Environmentally Sensitive Areas comprising the Environmentally Sensitive Areas Map and other related terms used throughout this Subchapter: A. Developed Floodplain Area within the FEMA 1% Annual Chance Floodplain (a.k.a. 100-year floodplain) for which the natural stream has been redesigned and no longer exhibits characteristics of a natural channel and/or its floodplain has been significantly modified, graded, filled, or otherwise disturbed. B. Nuisance Physical or environmental conditions resulting in regular and/or continuous problems affecting the health, safety, and quality of life of citizens. C. Riparian Buffer Areas within 100 feet, measured from both sides of the stream centerline, with drainage areas greater than one square mile, and 50 feet from both sides of any streams centerline that drain areas of one square mile or less. This also applies to the outer edges of surface water bodies. D. Stream Linear geographic feature that conveys flowing waters. Headwater streams are the uppermost, low-order streams of a watershed and comprise the majority of streams in the United States, both in terms of number and length. Streams can be perennial, intermittent or ephemeral. E. Surface Water Body Term to include streams, ponds, lakes, and freshwater wetlands. F. Undeveloped Floodplain Areas within the FEMA 1% Annual Chance Floodplain (a.k.a. 100-year floodplain), that are undeveloped and in their natural state. G. Upland Habitat Contiguous areas ten acres or larger of Cross Timbers habitat. H. Valley Storage Water storage capacity of a stream and is a volume that is measured below the base flood elevation. I. Water Related Habitat Areas designated as wetlands, and trees and understory vegetation containing 50 percent or more of predominately native bottomland hardwood. Bottomland hardwoods occur on the first Denton, Texas - Denton Development Code 19 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��@ IFirn�iiira�irnirnn�irn�:�llll� S�im�ii�ii�� ir�� 6.4.60fficial Map terrace of floodplains and flats along channels. Periodic inundation prevents establishment of upland species and maintains the functioning of this type of vegetation. J. Wetland Area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Includes adjacent and isolated wetlands. �m�m� ��iii�iii�lll �i�l� A. Environmentally Sensitive Areas Map The official map that identifies areas designated as Environmentally Sensitive Areas (ESAs). B. Environmentally Sensitive Areas Map Amendments 1. The map may be updated administratively when an ESA field assessment is conducted for a property and approved by the Director of Development Services. 2. Revisions and amendments to FEMA 1% Annual Chance Floodplain maps shall cause the boundaries of Floodplain ESAs to be readjusted accordingly. 3. Substantial amendments of the map shall follow the Zoning Amendment Procedure detailed in Subchapter 3. Substantial amendment is defined as changes impacting the whole city, excepting changes caused by the publication of new flood insurance rate maps (FIRMs) by FEMA. C. Environmentally Sensitive Areas Field Assessments Field assessments are required prior to platting of property when there is reasonable evidence that Environmentally Sensitive Areas, as depicted on the official ESA Map, may not be accurate. ESA field assessments, as approved by the Director of Development Services, shall supersede the official ESA Map in determining what areas are subject to the requirements of this Subchapter as applied to a proposed development. Information Required Information as required on the Environmentally Sensitive Area Assessment application and checklist must be provided. Additional information deemed appropriate and necessary to process the application may be required. 2. Expiration An Environmentally Sensitive Areas field assessment shall expire after two years of its approval, or if the natural conditions of the ESA have been significantly altered. Appeals Appeals to staff determinations shall follow the Zoning Amendment Procedure detailed in Section 35.3.4. D. Text Applicability The text of this Subchapter, including definitions, describes and regulates the protected ESAs shown on the City's Environmentally Sensitive Areas Map as a reference. Denton, Texas — Denton Development Code 20 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��@ IFirn�iiira�irnirnn�irn�:�llll� S�im�ii�ii�� ir�� 6.4.7 Floodplain Development Standards ��'7 I�III��lll�iiiiir� I��Ill��immm�i�� i��iir�'� Upon field verification areas designated as FEMA 1% Annual Chance Floodplain would be classified according to the existing conditions as Developed or Undeveloped floodplains. A. Developed Floodplain 1. Development within the Developed Floodplains shall comply with Subchapter 35.19 Drainage Standards. 2. Section 35.17.8 applies when Riparian buffers and Water-related habitats are nested, partially or wholly, inside Developed floodplain ESAs. 3. Gas well drilling and production within developed floodplains shall comply with Subchapter 35.22 (Gas Well Drilling and Production). B. Undeveloped Floodplain The following uses and activities are regulated in the Undeveloped Floodplain. C. Permitted Uses and Activities The following permitted uses and activities are allowed if in compliance with the Subchapter 19 Drainage Standards and Chapter 30 of the Code of Ordinances: 1. The planting of any new trees or vegetation. 2. Restoration or enhancement of floodplains, riparian buffers, water related habitats, upland habitats, wetlands and streams as required by federal and state standards. 3. The placement of public or private utility facilities such as sewer, storm water, water, electricity, gas, or other utilities as long as the disturbed area is restored to minimized erosion and promote the recovery of the Environmentally Sensitive Areas, and when adequately flood proofed. 4. Measures to remove or abate nuisances, the removal of invasive plant species, or any other violation of federal, state or local law, with the approval of the Director of Environmental Services. 5. Parking lots, subject to the limitations on fill as specified in Section 35.17J.B.3 and constructed of pervious materials. 6. Parks, open space, recreational uses, trails, walkways and bike paths. 7. Storm water quality controls. 8. Construction of roadways identified on the Mobility Plan as long as the disturbed areas are restored to minimize erosion and promote the recovery of the Environmentally Sensitive Area subject to the Director of Environmental Services approval. 9. Routine repair and maintenance of existing structures, roadways, driveways, utilities, and accessory uses. 10. Agricultural activity permitted through Nationwide Permit 40 (NWP 40), Agricultural Activities pursuant Section 404 of the Clean Water Act or any other federal permits. 11. Any action taken by federal, state, or local officials in an emergency to mitigate an existing or potential hazard. Denton, Texas - Denton Development Code 21 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��@ IFirn�iiira�irnirnn�irn�:�llll� S�im�ii�ii�� ir�� 6.4.8 Riparian Buffer and Water Related Habitat Development Standards 12. The construction of a private driveway, as long as the disturbed areas are restored to minimize erosion and promote the recovery of the Environmentally Sensitive Area subject to the Director of Environmental Services approval. 13. Gas well drilling and production shall comply with Subchapter 35.22 Gas Well Drilling and Production. 14. Fill activities subject to limitations as outlined in Section 35.17J.B.3. 15. Culverts and bridges as long as the disturbed areas are restored to minimize erosion and promote the recovery of the Environmentally Sensitive Area subject to the Director of Environmental Services approvaL Culverts and bridges are exempt from the limitations in fill set in Section 35.17.7.B.3. D. Prohibited Uses and Activities The following prohibited uses and activities are not allowed in Undeveloped Floodplains: 1. Placement, handling, processing areas, and/or storage of hazardous waste. Hazardous waste and solid waste landfills. 2. Land disturbing activity not authorized by a U.S. Army Corps of Engineers Section 404 Permit or Letter of Permission. 3. Any new structures or additions, including garages and carports, and storage sheds located within the area mapped as Undeveloped Floodplain. 4. Tree and understory vegetation removal, except as allowed by Subsection 35.22.9 and 3 5.19.4. E.2. 5. Septic tanks, septic tank drain fields, and other forms of on-site wastewater treatment. E. Standards for Fill in Undeveloped Floodplains The following are standards for fill in the Undeveloped floodplain: 1. Filling of any floodplain of a stream that drains more than one square mile is prohibited unless the fill on any lot is less than 50 cubic yards or 300 cubic feet per acre, whichever is greater. 2. Up to 15% of the floodplain valley storage may be filled if the stream drains less than one square mile. 3. In addition to meeting the requirement for fill set above, all fill activities in the Undeveloped floodplain shall comply with the Environmental Sensitive Area Criteria Manual, Subchapter 19 Drainage Standards, and federal law. �� I�iii��iiriii�iir� I��u��iir �i��' ��iir I��III��' Ill��l�iir�� I��ar�lll��immm�i�m�� iir��i�� The following uses and activities are regulated in the Riparian Buffers and Water Related Habitats and are in addition to the regulations for development in this Subchapter, A. Permitted Uses and Activities 1. Placement of private residential yard amenities, including but not limited to: gardens, yards, trails, and clearings, that would result in disturbing up to 10% of the area, but in no instance shall the protective buffer width be decreased below 25 feet measured each direction from the centerline of the existing channel or the outer edge of surface water bodies. No disturbance is permitted in delineated wetlands. Denton, Texas — Denton Development Code 22 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��@ IFirn�iiira�irnirnn�irn�:�llll� S�im�ii�ii�� ir�� 6.4.9 Upland Habitat Development Standards 2. Riparian buffers nested, partially or wholly, inside Developed floodplains may be disturbed up to 10% of the area but in no instance shall the protective buffer width be decreased below 25 feet measured each direction from the centerline of the existing channel or the outer edge of surface water bodies. No disturbance is permitted in delineated wetlands. 3. Repair, replacement or improvement of public utility facilities where the disturbed portion of the Environmentally Sensitive Area is restored, and vegetation listed as invasive is removed and replaced with vegetation from the City Native Plant List. 4. Additions, alterations, rehabilitation, or replacement of existing structures that do not increase the existing structural footprint in the Riparian Buffer or Water Related Habitat. Any disturbed areas must be restored using native vegetative cover. 5. Stream, wetland, riparian and upland enhancement or restoration projects; 6. Agricultural activity, including buildings and structures is permitted outside of the Environmentally Sensitive Areas, unless otherwise permitted through Nationwide Permit 40 (NWP 40), Agricultural Activities pursuant Section 404 of the Clean Water Act or any other federal permit. 7. Routine repair and maintenance of existing structures, roadways, driveways, utility facilities, accessory uses and other development. 8. Construction of roadways identified on the city Mobility Plan as long as the disturbed areas are restored to minimize erosion and promote the recovery of the Environmentally Sensitive Area and subject to the Director of Environmental Services approval, and as outlined in Section 35.17.7.B.4. 9. Measures to remove or abate nuisances, or any other violation of State statute, administrative rule, or City Code of Ordinances. 10. Any action taken by the City in an emergency to mitigate an existing or potential hazard. 11. Gas well drilling and production within riparian buffers and water related habitats shall comply with Subchapter 35.22 Gas Well Drilling and Production. B. Prohibited Uses and Activities The following uses and activities are not allowed in Riparian Buffers and Water Related Habitats: 1. Land disturbing activity not authorized by a US Army Corps of Engineers Section 404 Permit Letter of Permission. 2. Tree and understory vegetation removal, except as allowed by Subsection 35.19.4.E.2. 3. Placement, handling, processing, or storage of hazardous waste. 4. Any structures, including storage sheds, garages and carports. 5. Septic tanks, septic tank drain fields, and other forms of on-site wastewater treatment. �� Ill�iir�� III�'�I�iir�� I��Ill��iirmm�i�� iir��iir�� The following uses and activities are regulated in the Upland Habitat and are in addition to the restrictions for development within this Subchapter. A. Permitted Uses and Activities 1. Residential development shall be designed to retain a contiguous fifty percent (50%) tree canopy, which shall remain predominantly in its natural state. Preservation of upland Denton, Texas - Denton Development Code 23 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��@ IFirn�iiira�irnirnn�irn�:�llll� S�im�ii�ii�� ir�� 6.4.10 Clustering Design Standards habitat contiguous to forested areas on adjacent properties or parcels is strongly encouraged. 2. Non-residential development shall be designed to retain thirty percent (30%) tree canopy which shall remain predominantly in its natural state. Preservation of upland habitat contiguous to forested areas on adjacent properties or parcels is strongly encouraged. 3. Selective pruning conducted by or under the supervision of an International Society of Arboriculture (ISA) certified arborist is allowed to remove up to one-quarter of the canopy for the purposes of a trees health. 4. Enhancement or restoration projects as approved by the Director of Environmental Services. B. Prohibited Uses and Activities Septic tanks, septic tank drain fields, and other forms of on-site wastewater treatment are prohibited in areas set aside for required preservation. �m�m�� Illu��iiriiii�m� I��iii�ii� ��i�m��iir�'� Clustering of development shall be utilized to minimize impact to the natural environment. Clustering shall be designed to maintain a contiguous forested area. �m�m� � �Ill��i�°ii��iii�� IEi�m�iiiiir�ii�i�mm�i�m��llllll� ��ii��iir�iii�� i�°�� I�Ill�i�m� A. Approval Process The Alternative Environmentally Sensitive Area Plan provides the option to address the regulations through a flexible discretionary process utilizing the Zoning Amendment Procedure outlined in Subchapter 35.3.4. B. Criteria for Approval City Council may approve the alternative plan with conditions necessary to mitigate the impacts of the proposed development upon considering the factors and goals noted in this section. 1. Mitigation goals are obtained by creating, expanding, and/or improving environmentally sensitive areas. 2. Mitigation goals are obtained by preserving environmentally sensitive areas above the minimum requirements, exchanges between different types of ESAs, installing pollution prevention controls, and/or implementing best management practices or any other approaches that result in the improvement of the environment being impacted. 3. Areas offered as mitigation are linked to existing or planned open space or conserved areas to provide an overall open space system. 4. Development is arranged for maximizing access and utilization of the environmentally sensitive areas by citizens. 5. Areas offered as mitigation are placed either in a lot or lots that incorporate a permanent conservation easement, restrictive covenants, or such other legal mechanism to allow for the long term conservation of said areas. Such legal mechanism shall limit any future land disturbing activity or construction within the environmentally sensitive areas and shall run with the land and be binding upon all successors and assigns of the current owner. Denton, Texas - Denton Development Code 24 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��@ IFirn�iiira�irnirnn�irn�:�llll� S�im�ii�ii�� ir�� 6.4.11 Alternative Environmentally Sensitive Area Plans 6. The Alternative Environmentally Sensitive Area Plan shall demonstrate that the developer's alternative proposal results in a high quality development meeting the intent of the standards in the Denton Development Code. C. Information Required Information as required on the alternative environmentally sensitive areas plan checklist must be provided. Additional information deemed appropriate and necessary to process the application may also be required. Denton, Texas — Denton Development Code 25 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� I�ir�6im�� 6.5.1 Purpose Commentary: This section includes the requirements for drainage from current Subchapter 19, Drainage Standards. Several changes are proposed to this section to better align the DDC with the newly approved Stormwater Design Criteria Manual. Footnotes provided throughout this section identify where content has been modified from current standards. The edits proposed in this draft are recommended by city stafF. �m,!�m� I�u�l�°��z::� The section establishes standards that regulate drainage on property located within the City, in order to: A. Protect human life, health and property; B. Minimize the expenditure of public monies for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the public; D. Retain natural floodplains in a condition that minimizes interference with floodwater conveyance, storage, aquatic and terrestrial ecosystems as well as groundwater and surface water supplies; E. Minimize erosion and sedimentation problems and enhance water quality; and F. Minimize future operational and maintenance expenses. �m,�m2 ��i�m��llliii�ii�� All developers shall provide drainage facilities and improvements to serve a development in accordance with the requirements of this section and the Stormwater Design Criteria Manual. �m,�m3 ��ii��iir�lll I�i�°�iiiii�� I��iiii�°�ii�mm�i�m�� A. Stormwater Design Criteria Manual Adopted 1. In addition to meeting the requirements expressly set out in this DDC, all drainage systems shall comply with the Stormwater Design Criteria Manual. 2. Where there is any conflict between a provision set forth in this subchapter and a provision of the Stormwater Design Criteria Manual, the provision of this subchapter shall apply. B. Drainage Computation Data 1. Design standards for drainage facilities and improvements shall be based on hydraulic and hydrologic computation data submitted and approved by the City Engineer, or designee, prior to submission of the final plat. 2. The City Engineer, or designee, may specify the form and manner in which the necessary data is to be submitted. C. Separation of Stormwater and Sanitary Sewerage Systems 1. Stormwater and sanitary sewerage systems are to be used and maintained as separate systems. ZZ From current 35.19. Did not carry forward 35.193. Z3 From current 35.19.1. Replaced the introductory statement for grammatical consistency. Z' Replaced "contractor" with "developer." Added the Stormwater Design Criteria Manual. Denton, Texas - Denton Development Code 26 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� I�ir�6im�� 6.53 General Drainage Requirements 2. Drainage facilities shall be designed so they do not connect, direct, or allow stormwater into the sanitary sewerage system. D. Drainage Improvements Required All developments shall provide for new drainage facilities, the improvement of any existing drainage facilities, channel improvements, grading, driveway adjustments, culvert improvements, or any other improvement, drainage facility, or work which is necessary to provide for the stormwater drainage needs of a development, in accordance with the requirements and design standards of this section, shall be included but not limited to any drainage facilities, improvements or other work that is necessary to: 1. Provide for the conveyance of all stormwater from the development when fully developed to an adequate discharge point; 2. Fulfill any purpose for which the requirements of this section are imposed; 3. Adequately protect the development from flooding, including the effects of the 100 year flood; 4. Properly control any increase in the upstream or downstream stage, concentration or water surface elevation caused by the development; 5. Provide for the conveyance of off-site storm drainage based on ultimate developed watershed conditions through the development. E. Off-Site Drainage25 1. Off-site drainage facilities and improvements shall be provided by the permittee whenever additional stormwater runoff from the development would adversely affect any off-site property or overload an existing drainage facility, whether natural or manmade. 2. Where stormwater runoff from three or more acres has been collected or concentrated to one point, it shall not be discharged onto adjacent properties, except into existing streams, channels or storm drains, unless drainage or flowage easements are obtained for those properties. 3. If the permittee cannot obtain the necessary easements to make required off-site drainage improvements, upon the request of the permittee after compliance with the provisions of this Code, the City may bring condemnation proceedings to obtain the off-site drainage easements. F. Detention Facilities26 All detention facilities, whether maintained by the City, private property owner, Home Owners Association, or private entity, shall comply with any applicable design requirements of any state or federal laws or regulations, as amended, including the regulations of the Texas Commission on Environmental Quality (TCEQ) or its successor agency. The following standards shall apply to all detention facilities, to the extent they do not conflict with any applicable federal or state laws or regulations, as amended: 1. The one-hundred-year flood shall be used to determine the volume of detention storage required. Any required Water Quality Volume is in addition to this storage requirement;27 ZS Replaced "developer" with "permittee" throughout this section. Z6 Introductory paragraph is new. Z' New. Denton, Texas - Denton Development Code 27 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� I�ir�6im�� 6.53 General Drainage Requirements 2. Detention facilities shall be designed so that any additional runoff generated by the proposed development will not increase the amount of original discharge for storm frequencies from the 1-year, 25- year, and 100-year flood;2$ 3. Publicly dedicated or privately maintained detention facilities may be used to reduce peak discharges where conditions prevent conveying stormwater to an adequate discharge point or studies show that off-site structural facilities will not mitigate hydraulic effects more efficiently; 4. On-site detention facilities that are public shall be a minimum size of one acre. 5. All detention facilities shall comply with the standards of this section and the Stormwater Design Criteria Manual, as amended;29 6. A development may provide for drainage by participating in the design and construction of a regional detention facility. Detailed engineering studies of the entire basin shall be required to ensure that the timing of peak flows has not been altered to create higher peak flows elsewhere in the basin; and 7. Detention facilities may be constructed in phases, if phased to provide for the timely needs of the development. G. Flood Damage Prevention3o All developments regulated by this DDC shall be subject to and comply with any applicable provision of FEMA Flood Damage and Prevention Regulations and the City of Denton Code of Ordinances, Subpart B, Chapter 30: F(ood Prevention and Protection Ordinance.31 H. Floodplain Reclamation-Engineering Criteria32 Water Surface Elevation Alterations of the floodplain shall not result in an increase in the 100-year fully developed watershed water surface elevation on other properties under separate ownership. Alteration of the floodplain shall not be permitted which could result in any degree of increased flooding to other properties, adjacent, upstream, or downstream. Stream Velocity a. Alterations of the floodplain shall not create an erosive water velocity on- or off-site. The mean velocity of stream flow at the site after fill shall be no greater than the mean velocity of the stream flow under existing conditions. b. Alteration to the flood plain shall not be permitted that would increase velocities of flood waters to the extent that the significant erosion of flood plain soils will occur either on the subject property or on other properties up or downstream. c. City staff shall determine what constitutes an "erosive" velocity based on analysis of the surface material and permissible velocities for specific cross-sections affected by Z$ New. 29 Added stormwater design criteria manual. 3o New. 31 DISCUSSION ITEM: This reference may need to be updated pending repeal and/or relocation of content in Subpart B. Currently being reviewing by city staff. 3Z New. Content provided by city staff. Denton, Texas - Denton Development Code 28 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� I�ir�6im�� 6.53 General Drainage Requirements the proposed alteration, using criteria established in the Stormwater Design Criteria Manual. Valley Storage Encroachments and/or channelization is strongly discouraged along Pecan, Cooper, Hickory Creek, Milam and Clear Creeks to prevent the reduction of storage capacity of streams and drainageways and to prevent increasing discharges downstream. The City restricts the valley storage loss to zero percent reduction for all streams serving with a drainage basin of one square mile or greater in the City. For minor tributaries, (drainage basins with less than one square mile), a 15 percent maximum reduction in valley storage shall be allowed. 4. Conveyance Alterations of the flood plain shall be permitted only to the extent permitted by equal conveyance on both sides of the natural channel. Staff's calculation of the impact of the proposed alteration shall be based on the "equal conveyance" principle in order to insure equitable treatment for all property owners. Under equal conveyance, if the City allows a change in the flood carrying capacity (capacity to carry a particular volume of water per unit of time) on one side of the stream due to a proposed alteration of the flood plain, it shall also allow an equal change to the owner on the other side. The combined change in flood carrying capacity, due to the proposed alteration, plus corresponding alteration to the other side of the stream, shall not cause either an increase in flood elevation or an erosive velocity, or violate the other criteria. I. Floodplains Where regulations within this section require a development to make any drainage improvements in or adjacent to a floodplain to provide for the ultimate base flood, the permittee may, in lieu of making the required improvements, restrict development in the area subject to flooding because of the failure to provide for the drainage improvements. In such cases, the area to be left undeveloped shall be dedicated to the public as a drainage easement on the final plat. Floodplain Restrictions33 Development is prohibited within the floodplain of any stream or water course with a contributing drainage area of one square mile or more. These floodplain areas shall be preserved from all destruction or damage resulting from clearing, grading, or dumping of earth, waste or material, or stumps. Modifications of this requirement shall be considered b 34 y ---� Fences shall not be permitted within the floodplain, regardless of whether or not there is a drainage easement.3s Stream Restrictions Major streams (those with a contributing drainage areas of one square mile or more) shall remain in open natural condition; smaller streams or drainage ways (contributing drainage area less than one square mile) may be channelized if allowed by Section 6.4: 33 Replaces 35.19.4.D(1). 34 DISCUSSION ITEM: We are discussing with City staff the best procedure for modifications to this requirement. 3s New. Denton, Texas - Denton Development Code 29 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� I�ir�6im�� 6.53 General Drainage Requirements Environmenta((y Sensitive Areas, and provided they meet the criteria of the Stormwater Design Criteria Manual. When a stream or excavated channel is to remain open, or in its natural condition, it shall meet one of the following requirements: a. Dedication Requirements For single-family residential lots where the majority of the lots are less than one- half acre in size, dedication of the stream or drainage way shall be made to the City, or to an approved homeowner association (HOA). ii. A drainage or floodplain easement shall be dedicated as a single lot to the City or an HOA or other legal entity as allowed by this section. iii. The Planning and Zoning Commission may waive this dedication requirement only for the following exceptions: a. Replats which were originally platted prior to the dedication requirement. Subdivisions of five lots or less. b. Ownership and Maintenance36 i. Streams and drainageways may be retained as a part of a nonresidential lot, and it shall be the property owner's responsibility to maintain this area, except as otherwise provided. ii. A maintenance easement shall be granted to the City and shall grant the right but not the obligation to maintain and construct drainage facilities if the stream or drainage way is not being properly maintained. A lien may be filed against the property in favor of the City to secure payment of any expenses incurred by the City for maintenance. iii. Stream or drainage ways may be owned and maintained by an approved maintenance entity, other than individual residential lot owners provided the maintenance area is set forth by easement. iv. A maintenance entity may include homeowners associations, apartment complexes, or similar uses. The maintenance entity's by-laws and covenants filed of record, if any, shall provide for ongoing maintenance. The easement shall authorize a lien against individual abutting lots in favor of the City to secure the payment to the City for any expenses incurred by the City in the event of default. v. Non-residential properties may create an entity to maintain streams or drainage ways, provided the maintenance area is set forth by easement and the entity's by- laws, filed of record, provide for ongoing maintenance. Such easements shall authorize a lien against individual abutting properties in favor of the City to secure payment for any expenses incurred if the maintenance entity is not properly maintaining the stream or drainage way. vi. Adequate floodplain and drainage easements shall be required that give the City the right but not the obligation to maintain and construct drainage facilities if, in the City's sole opinion, the maintenance entity is not properly maintaining the stream or drainage way. 36 Replaced "creek" with "stream." Denton, Texas - Denton Development Code 30 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� I�ir�6im�� 6.53 General Drainage Requirements vii. Where the City has designated a floodway or floodplain as part of the City park system, the permittee shall provide access by one of the following methods. In all cases, the City shall approve the proposed street alignment fronting on City parks as required for this purpose: a. Parallel streets fronting along the park, or b. Courtyard or cul-de-sac streets that provide public access fronting on the park, or c. Loop streets that provide public access fronting on the park. Minimum Finish Floor Elevations37 Minimum finished floor elevations, the datum used, and the source of the elevation information shall be labeled on the final plat where required. b. The City reserves the right to specify a new or revised minimum finished floor elevation at the time of issuance of a building permit if new or more accurate information warrants the change. This minimum finish floor elevation shall apply to the building foundation, including basements, and electrical and mechanical equipment. c. Minimum lot and finish floor elevations for lots within the 100-year base flood, abutting the 100-year base flood, or within 200 feet of the 100-year base flood shall be established as follows: i. For lots adjacent to a stream without Base Flood Elevations (BFE's) identified on the official FEMA Flood Insurance Rate Maps, any livable structure, including the garage, shall have a finished floor elevation at least 18 inches above the 100-year base flood elevation based on fully developed conditions. This shall apply to all rivers or streams regardless of whether the 100-year floodplain is shown on the FEMA map. ii. For lots adjacent to a stream with Base Flood Elevations (BFE's) identified on the official FEMA Flood Insurance Rate Maps, any livable structure, including the garage, shall have a finished floor elevation at least 18 inches above the 100-year base flood elevation based on fully developed conditions, or at least 30 inches above the FEMA Base Flood Elevation. J. Floodways and Improvements 1. Generally, floodways serving drainage areas larger than one square mile in area and that are still functioning primarily in a natural and adequate state shall not be altered or improved to provide for the drainage needs of a development, unless there is no other reasonable means or method to provide for such drainage. 2. As part of required improvements, debris, small brush, vines and other obstructions may be cleared from that portion of any channel located within or on the perimeter of the development, as directed by the City Engineer, prior to the connection of any utilities for any building within a development. 37 New. Denton, Texas - Denton Development Code 31 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� I�ir�6im�� 6.53 General Drainage Requirements 3. A development may also be required to provide clearing of off-site floodways to the extent necessary to adequately receive or convey stormwater runoff from the development, based on the roughness coefficient approved during the development review process. 4. Developments discharging stormwater runoff into a floodway shall provide supplemental vegetation, on-site and off-site areas in public easements, when necessary to preserve or restore any disruption to the natural state. The vegetation planted shall be grass or similar vegetation proposed by the permittee and approved by the City. Refer to the North Central Texas Council of Governments Integrated Stormwater Management (ISWM) technical manual on landscape for additional suggestions.38 5. The vegetation requirement shall apply to any portion of any floodway, on-site or off-site, that would be affected by runoff from the development. K. Channel Requirements39 Required channel improvements shall be based on the amount and concentration of the stormwater runoff from the development. All developments shall provide for the permanent improvement and modification of existing drainage system channels or dedication of floodplain areas based on flood conditions as necessary to serve the development, subject to and in accordance with the following: 1. Channels that serve as floodways having a drainage basin one square mile or larger shall be maintained in a natural state, as provided for in this section. 2. Channels serving a development shall contain the 100-year base flood to a level at least one foot of freeboard elevation. 3. Excavated channels shall have a concrete pilot channel, if deemed necessary by the Drainage Department, for access or erosion control as outlined in the specifications of the Stormwater Design Criteria Manual. Locations where earth channel improvements are required to carry a flood discharge through an undeveloped area of the off-site property channel grade may be "daylighted" and no freeboard required until the area is developed. 4. The design for all open channels shall be based on geotechnical investigations, unless determined to be unnecessary by the City Engineer, or designee. 5. No development shall be designed to access a public street across a channel without providing adequate clearance for the channel under design storm conditions as required by the Stormwater Criteria Manual. No public access to a public street by means of a low water crossing will be permitted. 6. Bridges crossing channels serving drainage areas greater than one square mile in area shall have one foot of freeboard between the 100-year base flood elevation and the lowest beam of the bridge. 7. Bridges crossing channels serving drainage areas less than one square mile in area shall have one foot of freeboard between the design water surface and the lowest top of road elevation of the bridge. 8. All culvert crossings shall have two feet of freeboard between the 100-year base flood elevation and top-of-curb elevation. 38 Last sentence is new. 39 From current 35.19.5E. Denton, Texas - Denton Development Code 32 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� I�ir�6im�� 6.53 General Drainage Requirements L. Lot Drainage 1. Generally, each lot shall be designed or graded to direct stormwater into an abutting street, alley, channel or inlet. If drainage is provided in the rear of any lot by a surface or underground storm drainage system, the surface or underground drainage system shall be designed to convey runoff from the 100-year storm event. 2. Where it is not practical to provide abutting drainage facilities for each lot, drainage facilities such as a closed pipe system or drainage ditch, shall generally be required whenever the cumulative stormwater runoff from more than two lots is directed across a third lot or when the facilities are necessary to avoid an adverse effect on any other lot. 3. It shall be unlawful for any person to fill, modify or otherwise obstruct any public drainage easement designed or used as an overflow channel or structure. M. Site Erosion Control 1. To minimize erosion resulting from the removal of vegetation and to reduce the introduction of erosion materials into the storm drainage systems, all developments and any person undertaking any development activity shall make use of erosion and sediment control devices in accordance with the requirements of the Stormwater Design Criteria Manual and the iSWM Water Quality Technical Manual, as directed by the City Engineer, or designee 40 2. The erosion and sediment control devices shall be installed and thereafter maintained until sufficient vegetation cover has been provided or been replaced to control erosion and sediment, as directed by the City Engineer, or designee. N. Easements In addition to any other provisions of this DDC relating to easements for public improvements, the following requirements for public drainage improvements, channels, and facilities required for any development shall apply: 1. All public drainage systems and facilities, that are not to be included within an existing or proposed public street right-of-way, shall be located within easements to be dedicated to the City and shall have adequate access to a public street. 2. Prior to acceptance of any public drainage facilities, all easements within which the facilities are located shall be cleared of all buildings, structures, fences or other obstacles that would interfere with access to the easements. 3. Restrictions of easements shall be described on the final plat and approved by the City. 4. Drainage easements through residential lots shall be placed entirely on one lot. Split lot easements shall not be allowed. 5. Structures, eaves and overhangs, fences, storage sheds, decks, pools, landscaping or other aboveground man-made improvements shall not be permitted in drainage easements or floodplains, except as specifically allowed in the Stormwater Design Criteria Manual. This provision includes, but is not limited to areas encompassing floodplain, channels, flumes, natural streams or swales, or any other system used to convey storm water through surface flow, regardless of whether or not there is an easement. 'o Replaced reference to Erosion Control Manual with Stormwater Design Criteria Manual and iSWM Water Quality Technical Manual. Denton, Texas - Denton Development Code 33 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� b9��:�ir �irn� b9��a�w��:a�ir ��:�irn��ir�� 6.6.1 Applicability O. Payment in Lieu of Improvements Any development required to provide drainage facilities or improvements in accordance with this section may elect to pay the City the total construction cost of the required facilities or improvements, excluding engineering and design cost, when: 1. The City's approved Capital Improvement Plan proposes to provide, within two years of the date the required improvements are to be undertaken, for the same or similar drainage improvements that would make the drainage improvements required by the development unnecessary; 2. Failure to provide the drainage improvements at the time of development would not adversely affect the development or any off-site properties, as determined by the City Engineer, or designee; and 3. The payment allowed in this subsection shall be made prior to beginning any construction of the development. If the money paid to the City is not used for the required improvements within five years of payment; the funds shall be returned to the person making the payment. Commentary: This section includes the requirements for water and wastewater from current Subchapter 21, Water and Wastewater Standards. Several changes are proposed to this section to better align the DDC with the newly approved Stormwater Design Criteria Manual. Footnotes provided throughout this section identify where content has been modified from current standards. The edits proposed in this draft are recommended by city staff. Administration and Procedures There are several standards in this section involving administration and procedures involving the DRC, City Council, Planning and Zoning Commission, Public Utilities Board, Director of Water Utilities, Water Utilities Department, and others. We are working with City staff to determine if the current procedures are achieving the desired results, or if alternative procedures should be considered. Content related to subdivisions, procedures, or other topics have been relocated to the corresponding subchapter or section of the DDC. �� I�I�Illiii��l�iiillliii All sewer, water, and utility standards are applicable in the City limits and the extraterritorial jurisdiction. �m�m2 I��iii� I��Illiii��'� It is the responsibility of the design engineer to ensure the final design of water or sewer system improvements is in conformance with the following: 41 Did not carry forward 35.21.5: Water Capacity Requirements; 35.213.6: Sewer Lines; 35.213.4: Vafves and Fittings; 35.21.3.2: Water Lines; 35.21.3.1: Reference to Design Standard Manuaf; the introductory paragraph of 35.213: Basic Design Standards. 'Z Content taken from last sentence of 35.21.1. Added water. 43 Replaces current 35.21.1. Denton, Texas - Denton Development Code 34 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� b9��:�ir �irn� b9��a�w��:a�ir ��:�irn��ir�� 6.63 Extensions of Water and Sewer Mains A. Current standards prescribed by all State and Federal laws; B. Texas Administrative Code (TAC) Title 30, Part 1, Texas Commission on Environmental Quality (TCEQ) - Rules, Ch. 290 ("Public Drinking Water") and Ch. 217 ("Design Criteria for pomestic Wastewater Systems"); C. This DDC; D. The Water and Wastewater Criteria Manual and the City's Standard Details; E. North Central Texas Council of Governments (NCTCOG) Standard Specifications for Public Works Construction ("COG Specs"), as amended by the City of Denton; F. City of Denton Water and Wastewater Master Plans; G. Appendix B of the 2012 International Fire Code; H. American Water Works Association (AWWA) Standards; and I. All applicable local ordinances. �m�m3 I��ii��iii�i�m� �� i�° �ii��' ��w��i�° IS��iiii�m� A. Extensions for New Subdivisions and Other Developments Extensions required to serve new subdivisions and other developments shall be as follows: Required Extensions a. All developments shall be required to extend across the full width of the development lot (defined by Plat or lot of record) in such an alignment that it can be extended to the next property in accordance with the master sewer and water plans for the City or provide continuity of service to the adjoining lot 44 b. Properties having frontages along multiple streets shall extend accordingly along each street frontage.4s c. Gravity wastewater mains shall generally be installed at maximum depth and minimum slope, to facilitate future service to upstream properties. The City Engineer may modify this requirement on a case-by-case basis.46 d. Properties already served by water and sewer shall not be required to install additional facilities unless: The current lines are not of adequate capacity to serve the proposed development, in which case the permittee will be required to install adequate facilities. ii. The current lines are not of adequate capacity to serve the zoning of a property that has been rezoned to a more intense use since the time of the original utility installation. The lot is located on a corner lot and/or fronting a state or federal highway right of way.47 4° Added "or provide continuity of service to the adjoining lot." 's New. 46 New. " New. Denton, Texas - Denton Development Code 35 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� b9��:�ir �irn� b9��a�w��:a�ir ��:�irn��ir�� 6.63 Extensions of Water and Sewer Mains Extensions to Existing Dwellings The Director of Water or Wastewater Utilities may approve an extension of water and sewer mains to an existing dwelling, provided funds are available and as allocated in the Capital Improvement Plan. B. Cost Policies for New Developments Development Mains and Facilities Developers, including individuals, subdividers, and owners of single or multi-family dwellings, shall pay the actual cost of all water and sewer main extensions, lift stations or other necessary facilities required to serve their development, in accordance with the City's Master Utility Plan and the provisions of this Code. A developer may appeal a determination of the required facilities to the Zoning Board of Appeals pursuant to the procedures established in Section --.48 Oversized Participation by the City49 See Section 6.6.14. Pro Rata Agreementsso See Section 6.6.15. C. Number of Water Service Tapss' 1. Developments exceeding the following thresholds shall be required to be served by at least two different connections to mains to facilitate domestic and fire service redundancy: a. Multifamily Residential: 200 units b. Single Family Residential: 30 units c. Commercial/Industrial: 124,000 SF 2. The Water and Wastewater Director, at their discretion, may waive this requirement if there are extenuating circumstances involved. 3. The connections shall be spaced as far apart as reasonably feasible, and preferably be tapped off different mains. 4. Sufficient valving shall be provided to facilitate isolating each service connection with minimal service disruption to other customers; if such valving does not exist, the developer shall be required to install it, at their cost. D. Minimization of Public Main Extensions into Private Propertys� 1. Public water or sewer mains serving only one lot (for both the proposed and anticipated future conditions) shall not be extended into that lot. 2. Water or sewer mains within lots shall be privately owned and maintained, and be designed per the requirements of the Building Code, as adopted by the City of Denton. '$ Appeal authority changed from Planning and Zoning Commission to the Zoning Board of Appeals, to be consistent with other administrative approval appeal procedures. Added single-family. 49 Standards covered elsewhere in this section. so Standards covered elsewhere in this section. sl Replaces current 35.21.2C. sz New. Denton, Texas - Denton Development Code 36 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� b9��:�ir �irn� b9��a�w��:a�ir ��:�irn��ir�� 6.6.4 Fire Hydrants �� I�iiii�� Ill��i��ii�� These are general standards to be used for platting purposes. For known end uses at the time of platting, Appendix C of the International Fire Code shall be used. Fire hydrant spacing requirements for all building permits issued on any platted lot shall comply with the International Fire Code as adopted by the City of Denton. ��5 I��iir I��uiir�m�� iii�iir�� i��' Il�iir��ui�� I��ulll��iiiiir�� III�� A. Occasionally, the proper design of the water distribution system may require the installation of booster pump stations and/or pressure regulating valves to insure proper water system pressures are provided to the development. The City reserves the right to require the developer to design and install these appurtenances as essential components of the water system necessary to serve the development. Any cost sharing for these improvements by the City will be handled by separate contract with the developer on a case-by-case basis and will factor in the following: 1. The location of the proposed development in relationship to the existing water distribution system; 2. The size of the development and the economic hardship that would be imposed upon the development by applying this requirement; 3. Compliance with the City's Water Distribution System Master Plan; 4. The relative benefits to the development compared to the benefits to the existing or future utility customers; 5. Availability of funding within the Water Department's Capital Improvement Program; and 6. The identification of capital improvement projects within the Water Utility Department's adopted five year Capital Improvements Program that would be designed to address this system wide need. B. All contracts between the City and the developer for City cost participation for these improvements must be approved by the City Council after recommendation from the Public Utilities Board.s3 �� I�iir�� iii�iir�� A. On occasion, the location of the property, the topography of the surrounding area and the location and elevation of the nearest sanitary sewer main requires the installation of a lift station and force main to provide wastewater service for a proposed development. The City reserves the right to require the developer to design and install these facilities as essential components of the wastewater collection system necessary to serve the development. Any cost sharing for these improvements by the City will be handled by separate contract with the developer on a case-by- case basis and be in accordance with the provisions contained within Subsection 6.6.14: Oversize Participation by the City. B. All contracts between the City and the developer for City cost participation for these improvements must be approved by the City Council after recommendation from the Public Utilities Board. s4 s3 DISCUSSION ITEM: We are considering if this is the desired process for this requirement? s' DISCUSSION ITEM: We are considering the appropriate approval authority for this standard. Denton, Texas - Denton Development Code 37 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� b9��:�ir �irn� b9��a�w��:a�ir ��:�irn��ir�� 6.6.7 Easement Requirements C. The Wastewater Utility Department reserves the right to require the developer to locate any proposed lift station in a manner that would facilitate the operation, maintenance and ultimate abandonment of the facility in the future by gravity extension of sanitary sewer mains on a watershed basin basis in accordance with the City's Wastewater Collection System Master Plan. The Wastewater Utility Department also reserves the right to require the developer to install an alternative gravity sanitary sewer line extension to minimize the number of additional lift stations that must be operated and maintained by the City as a result of the development. The developer has the right of appeal to this requirement. The City Council shall consider this appeal after receiving a recommendation from the Public Utilities Board.ss �m�m'7 I��i�m�ii�� I��,�iiii�°�iir��i�m�� All utilities in a development shall be provided in street rights-of-way except for special circumstances approved by the City Engineer.56 In such cases, the following standards shall prevail: A. All utility easements shall be a minimum of 16 feet unless special circumstances warrant additional or reduced easements which can be approved by the City Engineer. The general criteria to define minimum easement widths are listed in Table 6.A: Minimum Easement Widths: B. Lot lines shall not split easements. C. Side yard easements shall not be allowed. Proposed public water or sewer mains intended to be aligned alongside yards shall be contained with dedicated open space lots, with overlapping ss DISCUSSION ITEM: Replaced Planning and Zoning Commission with City Council. We are considering the appropriate approval authority for this standard. sb Replaced decision-making authority from the DRC to the City Engineer throughout. 57 Currently 12 inches. 58 Currently 24 inches. 59 New. bo DISCUSSION ITEM: Easement sizes currently being considered by staff. 61 Currently 24 inches. bZ Currently 20 feet. 63 Currently 24 inches. 64 Currently 25 feet. Denton, Texas - Denton Development Code 38 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� b9��:�ir �irn� b9��a�w��:a�ir ��:�irn��ir�� 6.6.7 Easement Requirements Public Utility Easements, and there shall be a note on the Plat stating that these lots shall be owned and maintained by the Property Owners Association."6s D. Dead-end easements are not acceptable unless approved for special circumstances by the City Engineer. E. Fences within utility easements are prohibited. 1. Fences shall not be built within or across dedicated utility, water, or sewer easements. The City Engineer, at their discretion, may allow fences to be built across an easement if gates at least 12 feet wide are built.'�66 2. Any existing fence that crosses dedicated utility easements that conflict with the purpose and intent of the easement may be removed by the City at any time. 3. The City is under no obligation to repair or replace any fence that is damaged or removed that encroaches within a dedicated easement for the purposes of operating, maintaining, replacing or installing water or sewer facilities within the dedicated easement. F. Employees of the City shall have the authority to enter premises at any reasonable time in the regular line of duty for the purpose of inspecting, repairing or constructing any water, electric or sewer line or any water or electric meter, etc. The landowner and occupant are responsible for any construction activities occurring over or within any on-site utility in a utility easement. G. If utility inspection or repair or reconstruction is necessary, any pavement, structure or improvement damaged within a dedicated utility easement, shall not be the responsibility of the City for any repairs, but shall be the sole responsibility of the owner. H. The landowner assumes responsibility for any and all improvements placed within a utility easement at their own risk. Additionally, the provisions of this section do not permit or supersede the limits and restrictions prescribed by the conditions of any existing utility easement for allowing improvements to be placed within utility easements. I. The following shall not be installed or planted within a public utility, water, or sewer easement:67 1. 2. 3. Trees; and Any structures, including retaining walls and signs. No part of a structure, including its underground foundation, shall encroach into an easement. Structural overhangs into easements will be allowed if the bottom of the overhang is at least 30 feet above the top of proposed ground within the easement. The following items are typically allowed to be installed within public utility, water, or sewer easements:68 1. Drive approaches and parking lots (alignment within drive aisles is preferred); 2. Sidewalks; and 3. Grass and small shrubbery." bs New. 66 New. 67 New. bs New. Denton, Texas - Denton Development Code 39 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� b9��:�ir �irn� b9��a�w��:a�ir ��:�irn��ir�� 6.6.8 Sewer Capacity Requirements �� i� ��iir�� I��,�uiiii��iirmm�i�� The City reserves the right to prohibit any connection to the City sewer system when it is determined that a line or the system is overloaded or that the line or system has inadequate excess system capacity to serve the sewer demand of the proposed development. �m�m� Illii�� I�� All connections to the City's water distribution and wastewater collection systems will require the payment of impact fees in accordance with the provisions of the Code of Ordinances, Chapter 26: Uti(ities. �m�m� � "'lll"�I�I�iiiii�� III�� A. The Water and Wastewater Utility Department personnel shall make all connections to the existing water and sewer system. The fees charged to perform this work shall be paid for by the entity requesting this work. B. The Water and Wastewater Department shall have discretion as to who shall make connections to the existing wastewater system. If the Water and Wastewater Department decides to make these connections themselves, then the fees charged to perform this work shall be paid for by the entity requesting this work.70 �� I ��iii� I��Illiii�y`� Any water and sewer service connections that serve lots that connect to new water and sewer mains extended to serve a proposed development shall be designed and installed by the developer prior to acceptance of these lines by the City. �m�m� 2 I�� I�m��lll� A. The fees schedule for all taps and meter loops shall be established annually by ordinance adopted by the City Council after recommendation by the Public Utilities Board. B. The fees shall be based upon the actual cost to install a given sized tap in a paved or unpaved area. These costs shall only reflect the average annual cost to perform the work, including equipment, materials and labor. C. For all taps or other utility work performed by the Water and Wastewater Utility Department personnel that do not have established fee schedules adopted by ordinance, the fee will be based upon the Department's estimated cost of equipment, materials, labor plus administrative costs. �m�m� 3 ��i�mmiiiii�iii��iir��iii�� Ill�i�°��iir� A. All tap fees shall be paid for prior to the work being performed by the City. B. The Director of Water Utilities will be responsible for the development of administrative procedures to insure the collection of tapping fees in accordance with the provisions of this ordinance. 69 Did not carry forward last sentence of 35.21.6. 'o New. 71 Did not carry forward last sentence of 35.21.8.1. Denton, Texas - Denton Development Code 40 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� b9��:�ir �irn� b9��a�w��:a�ir ��:�irn��ir�� 6.6.14 Oversize Participation by the City �� ar�i��iii�� I��iir��iii�iii��iii�i� I�� Ih�� iii A. Generally72 The City reserves the right to require developers to install water mains; sewer lines and wastewater lift stations that have excess capacity to serve adjacent properties and to comply with the adopted comprehensive Master Plans for these utility systems. The City may elect to participate in the oversizing, subject to fund availability, approval by the City Council, and the requirements of this subsection. B. Basic Policy73 If City participation in oversizing is approved, the amount would be in the cost of: 1. Water line size above the greater of: Eight-inch; or The size water line that is necessary to serve the development. 2. Sewer line size above the greater of: 10-inch; or The size sewer line that is necessary to serve the development." C. Administrative Procedure 1. Prior to the beginning of construction of any facility for which the City is to participate in the cost thereof, the developer and City shall enter into a written participation agreement. The City shall approve all oversized utility contracts for such construction of utilities prior to their execution by the developer. 2. The agreement shall be in a form approved by the City. In addition to such other terms as may be necessary to carry out the provisions of this section, the agreement shall provide that if construction of the facility does not commence within one year of the date of the agreement, it shall terminate, unless a written extension thereof is approved by both parties. 3. The Director of Water or Wastewater Utilities or his designee shall determine the appropriate level of cost participation by the City based upon the incremental cost between the developer required facilities and the City's requested oversized facilities. This cost determination shall be based upon recent bids for similar facilities and/or cost estimates prepared by the City's engineering staff. If the City cannot justify the costs involved in any such contract where City funds or pro rata repayment is involved, the City shall have the option and right to submit the project for sealed bids, and the developer shall pay his proportionate share of the acceptable low bid. 4. Final approval of all oversize participation agreements between the City and the developer shall come from the City Council after recommendation from the Public Utilities Board unless the participation amount is less than the expenditure level authorized by the City Manager. Final payment to the developer for oversize participation by the City shall occur within 60 days of final acceptance of the installed facilities. 'Z Did not carry forward 35.21.9.B allowing developers to oversize utilities for reimbursement by the City. 73 Replaces current 35.21.9.1. Denton, Texas - Denton Development Code 41 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� b9��:�ir �irn� b9��a�w��:a�ir ��:�irn��ir�� 6.6.15 Pro-Rata Agreements �� I�i��-I�� giir��iir�m�iir�� Any developer who bears the cost of off-site water or sanitary sewer main extensions to a development or installs a lift station with excess capacity to serve adjacent property without City oversize participation shall be entitled to reimbursement of the pro rata cost paid to the City, as provided below, for each user who extends a service line from the main or connects to the lift station within 20 years from the date the facility is finally inspected and accepted by the City. In no case, however, shall a developer receive reimbursement in excess of the cost of the facility.74 A. Basic Policy Pro rata charges for tapping mains extended by developer. The pro rata charges for tapping mains extended by the developer shall be as follows: 1. Every person or developer applying for a tap of any water or sanitary sewer main which has been constructed under the terms of the developer extension requirements of this section or the City extension requirements of this section shall pay for the requested taps at the following rates: a. Where a water or sewer main is located on a City street or county road and abuts and is accessible to separate platted tracts, the pro rata charge shall be 60 percent of the average current per-foot cost of such main. b. Where a water or sewer main is located on a state or federal highway and abuts and is accessible to separate platted tracts, the pro rata charge shall be 100 percent of the average current per-foot cost of such main. c. Where a water or sewer main is located in a proper easement across an owner's property and where such easement does not abut a street or is not in any other way directly accessible to any separately owned tract, the pro rata charge shall be 100 percent of the average current per-foot cost of such main. d. The pro rata charge shall be based on the average current cost of similar projects with pipe of the same size up to eight-inch inside diameter water pipe and ten-inch diameter sewer pipe. e. All pro rata charges shall be charged on a per-front-foot basis. 2. The pro rata charge provided by this subsection shall be in addition to the usual tapping fee and to any other charges required by the City. 3. The intent and purpose of this subsection is to provide an equitable charge for water and sanitary sewer connections as a proportionate distribution of the cost of water and sanitary sewer main extensions to serve property within the jurisdiction of the City. 4. In cases where a property or a tract of land is so situated or shaped that the above front- foot charge creates an inequitable basis compared to other tracts of land of similar overall size, the Public Utilities Board shall determine the proper charge in accord with the intent and purpose of this subsection, and such determined charge may be lesser or greater than that by the front-foot basis. If more lots are to be served by the main than abut or contain it, then the charge shall be greater, as determined by the Public Utilities Board. 5. No person shall acquire any vested right under the terms and provisions of this subsection, nor shall the City incur or assume any liability or obligation to expend or encumber tax or " Last sentence is new. Denton, Texas - Denton Development Code 42 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� b9��:�ir �irn� b9��a�w��:a�ir ��:�irn��ir�� 6.6.15 Pro-Rata Agreements utility funds. No utility funds shall be spent or encumbered unless funds are available for such purpose, as determined by the Public Utilities Board. B. Reimbursement for Lift Stations or Force Mains Reimbursement to developers for the cost of lift stations or force mains shall be as follows: 1. Any developer who bears the cost of lift stations or force mains to serve a development shall be entitled to reimbursement for such costs from pro rata connection or use charges paid to the City, in accordance with this section, by any person who makes use of such lift stations or force mains within 20 years of the date such facilities are accepted by the City. 2. The maximum reimbursable cost paid to a developer by the City from pro rata charges collected from persons connecting to the facilities constructed by a developer shall be based upon the cost of providing capacity for the facilities in excess of the capacity required or reserved by the developer to meet the requirements of the developer's property for which the facilities were installed, determined as follows: Reimbursemenk- �0�t1 � E�CAP3 �Capacity2 1 Total cost of facility. 2 Total capacity, in gallons per minute (gpm) of the facility. 3 Capacity, in gallons per minute (gpm), in excess of capacity reserved or required by developer's property. 3. Reimbursement costs shall be payable to the developer within 30 days of receipt of pro rata charges collected by the City. C. Pro Rata Charges for Use of Sanitary Sewer Lift Stations or Force Mains Installed by Developers Persons connecting to or using sanitary sewer lift stations or force mains installed by a developer shall pay pro rata costs as follows: 1. Every person who connects to or makes use of a sanitary sewer lift station or force main, the cost of which was incurred by a developer and for which a pro rata reimbursement agreement has been entered into between the City and such developer, shall, as a condition to such connection or use or continued use, pay to the City a pro rata cost charge based upon the use of the excess capacity of the facility, determined as follows: Avg. D�iiy Flow � x 1.5� x N3 x R�te4 144Q� 1 Average daily flow—The projected average daily sewage flow from each building, structure or particular land use. For single-family residential buildings the projected average daily sewage flow of three hundred twelve and five-tenths (312.5) gallons per day (gpd) shall be used (based upon two and one-half (2.5) persons per building times 125 gpd). For other land uses, the projected average daily sewage flows shall be based upon the U.S. Environmental Protection Agency's or its successor agency's most recent listing of average sewerage flows for various land uses or facilities or any other national or state listing of Denton, Texas — Denton Development Code 43 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� b9'��:�ir �irn� b9'��a�w��:a�ir ��:�im��ir�k� 6.6.15 Pro-Rata Agreements such sewage flows recognized in the utility industry, as determined appropriate by the Director of public utilities. 2 1.5—Ratio of peak flow to average daily flow. 3 N—Number of buildings, structures, units or particular land uses on which the projected average daily sewage flows are based. 4 Rate—The gallon per minute (gpm) cost of providing the sewage capacity used, determined as follows: Total Cost of ��cility Tatal CapacitY �9PmJ 5 1440—The minutes in a 24 hour day. 2. The intent of this subsection is to provide for an equitable pro rata charge to persons making use of lift stations or force mains constructed under the provisions of this section based upon the average daily projected sewage flows and peak sewage flows of particular buildings, structures and land uses. 3. In cases where the pro rata charge calculated in accordance with this subsection would not be equitable because the actual average daily sewage flow or peak flow from a particular building, structure or land use is much greater or smaller than the normal projected average daily flow or peak flow on which such pro rata charge is based, the Director of Water Utilities may, based upon evidence of such greater or smaller actual daily sewage flow or peak flow, require a payment of a greater or smaller pro rata charge as a condition to the connection to, use of or continued use of a lift station or force main which is subject to a pro rata reimbursement agreement. In such cases, the Assistant City Manager of Utilities shall give written notice to such person required to make such pro rata payment of the basis for the actual pro rata charge, and such person may, within 30 days thereafter, appeal such determination to the Public Utilities Board. The Board shall, within a reasonable time thereafter, make a determination of the actual pro rata charge to be assessed and paid. D. Administrative Procedure 1. Prior to beginning of construction of any facility for which pro rata reimbursement is provided for herein, the developer shall enter into a pro rata reimbursement agreement with the City. The agreement shall be in a form adopted by the City. In addition to such other terms as may be necessary to carry out the provisions of this section, the agreement shall provide that if construction of the facility does not commence within one year of the date of the agreement, it shall terminate, unless a written extension thereof is approved by both parties. 2. Pro rata reimbursement payments shall be made by the City to the person who paid the cost of the main or his assignee, and no other person shall be entitled to payment under the terms of this subsection. 3. The pro rata charges shall be determined and established at least annually by the Director of Water or Wastewater Utilities or his designee based upon the average cost of recent similar water and sewer line installations. 4. The reimbursement shall be payable within 30 days of its receipt by the City. Denton, Texas — Denton Development Code 44 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� b9��:�ir �irn� b9��a�w��:a�ir ��:�irn��ir�� 6.6.16 Alternative Water and Sewer Facilities 5. All pro rata agreements shall be reviewed and approved by the Director of Water or Wastewater Utilities. Final approval of pro rata agreements will be by the City Council after recommendation by the Public Utilities Board or by the City Manager if this authority is delegated to him/her by the City Council. �m�m� C �Ill��i�°ii��iii�� i�° �ii��' ��w��i�° Ill��iiillliir�iii�� All developments within the jurisdiction of the City shall be required to have approved water supply and sanitary sewerage facilities and shall be required to connect to the City facilities unless alternative arrangements have been approved by the City according to the following standards and procedures: A. Basic Policy 1. Alternative water and sewer systems will be considered for developments that are located in areas that are impractical or economically infeasible to connect to the City's centralized water distribution and/or wastewater collection system. 2. The key factors that will be evaluated to determine the City's acceptance of these alternative water and sewer systems are: a. General compliance with the City's land use element of the comprehensive plan and water distribution and/or Wastewater Collection System Master Plans. b. The severity of the economic difference between the collective costs of the alternative water and/or sewage disposal systems necessary to serve the entire development and the costs to extend water and/or wastewater lines to the development. c. The suitability of the soil conditions, topography and other environmental factors effecting the development for the installation of the individual on-site sewage disposal systems. d. The total number of lots, size of lots and overall density of the development. e. The impact on surrounding properties and environmentally sensitive areas adjacent to the development and the availability of buffer areas. f. The impact on surrounding properties ability to develop with suitable access to water and/or sanitary sewer facilities. B. Approval Process75 1. All alternative water and sewer systems shall be approved by the Director of Water or Wastewater Utilities.76 2. All alternative systems shall be designed and operated in strict compliance with all applicable permits, ordinances, regulatory guidance and regulations including the EPA, TCEQ, Texas Department of State Health Services, and the City. C. Approval Criteria" Alternative water and sewer systems will be considered for developments under the following criteria: 75 DISCUSSION ITEM: Consider adding qualifying language limiting the ability to install alternative water systems to large development (subdivisions, manufactured home communities, multifamily development, etc.). 76 Removed "and City Council recommendation by the Public Utilities Board." " Did not carry forward 35.21.44.5.3: Aerobic Treatment Systems. Denton, Texas - Denton Development Code 45 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� b9��:�ir �irn� b9��a�w��:a�ir ��:�irn��ir�� 6.6.16 Alternative Water and Sewer Facilities Individual Water Wells Developments may be approved with individual water well facilities according to the following criteria: 2. Water well operation and quality meet the minimum requirements of the TCEQ, North Texas Groundwater Conservation District, and the provisions of the City of Denton Code of Ordinances and Title 16, Texas Administrative Code, Part 4, Chapter 76 or other administrative rules promulgated by the Texas Department of Licensing and Regulation.'$ a. Water wells are not utilized in any commercial sale of the water. b. Cost to tie onto the City water system, less impact fees, exceeds the certified initial capital cost of a well. c. An applicant for approval of an individual water well shall submit the following evidence to the Director of Water Utilities: i. Water Well application; ii. Water quality tests; iii. Affidavits stating that no more than three families will use the well and/or the well water will not be used in any commercial sales; and iv. Certified cost estimate of well installation. v. Upon review of this evidence, the Director of Water Utilities may issue a Water Well Permit. Private Water Systems In areas where development requires water services for more than a single facility and the cost of extending and tying onto the City system is prohibitive, privately owned water facilities may be considered and approved by the City according to the following general criteria: The cost to tie onto the City system would be significantly greater than the proposed alternative. b. The applicant of the proposed alternative system provides certified evidence from a registered professional engineer that the system will meet all City, state and federal health and water quality standards. c. The sizing and material quality of all facilities will meet the City standards. Provisions shall be made to design the water system to provide adequate fire protection for the development in accordance with the design criteria established by the City. d. Perpetual private maintenance is guaranteed by such means as a homeowner's association, bonds or other means approved by the City Attorney. e. Operators of the system will be certified by the TCEQ. f. The City shall have the right to inspect the system periodically to determine if such system is being operated and maintained according to industry standards. g. The review and approval procedures for such private water system shall proceed concurrently with the normal platting and engineering plan approval process as outlined in this article, except for applications under these alternative water facilities '$ Updated list of applicable requirements. Replaced TNRCC with TCEQ throughout document; TNRCC is an obsolete name. Denton, Texas - Denton Development Code 46 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� b9��:�ir �irn� b9��a�w��:a�ir ��:�irn��ir�� 6.6.16 Alternative Water and Sewer Facilities proposals, which shall first require review and recommendation from the Public Utilities Board and final concurrence from the City Council. h. The City may accept existing or annexed private water systems for operation and maintenance when the City's water lines are connected to such system, provided the system has been designed, constructed and operated in accordance with accepted industry and City standards. Such private system shall be dedicated to the City at no cost. Prior to such acceptance by the City, such water lines and facilities shall be inspected and evaluated as to standards, adequacy, condition, etc. If water lines and facilities are not according to City standards, a per-lineal-foot pro rata charge shall be assessed to the users of such system for installation of these new facilities or will be on a per- lineal-foot, actual-cost basis for upgrading or repairing the existing facilities to meet City standards. 4. Land Use Requirements for On-Site Sewage Systems a. Utilizing Private Water Well Lots or tracts of land platted or created after the effective date of this Chapter shall have a minimum area of two acres when a private water well is located on the legal tract and a single-family dwelling, commercial, or institutional building utilizes an on- site sewage facility. Environmental protection must be demonstrated on the on-site sewage facility plan when the land tract is in a flood plain or floodway. b. Utilizing Public Water System79 Lots or tracts of land platted or created after the effective date of this Chapter shall have a minimum area of one acre when a single-family dwelling, commercial, or institutional building utilizes an on-site sewage facility. Environmental protection must be demonstrated on the on-site sewage facility plan when the land tract is in a flood plain or floodway. Individual On-Site Sewage Disposal System Individual on-site sewage disposal systems will be considered for developments that are located in areas that are impractical or economically infeasible to connect to the City's centralized wastewater collection system. a. Approval Criteria The key factors that will be evaluated to determine the City's acceptance of these alternative individual on-site sewage disposal systems are: i. General compliance with the City's land use element of the comprehensive plan and Wastewater Collection System Master Plans. ii. The severity of the economic difference between the collective costs of all of the individual on-site sewage disposal systems necessary to serve the entire development and the costs to extend wastewater lines to the development. In addition, the feasibility of low pressure water sewer system shall be evaluated to serve the dwelling unit or the development.80 79 Replaced "surface or sub-surface drainage field system" with "an on-site sewage facility. 80 Last sentence is new. Denton, Texas - Denton Development Code 47 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� b9��:�ir �irn� b9��a�w��:a�ir ��:�irn��ir�� 6.6.16 Alternative Water and Sewer Facilities iii. The suitability of the soil conditions, topography and other environmental factors effecting the development for the installation of the individual on-site sewage disposal systems. iv. The total number of lots, size of lots and overall density of the development. v. The impact on surrounding properties and environmentally sensitive areas adjacent to the development and the availability of buffer areas. vi. The impact on surrounding properties ability to develop with suitable access to sanitary sewer facilities. b. Review of subdivision or development plans. Prior to final plat approval and before the on-site sewage facility permit process for an individual on-site sewage facility can begin, persons proposing residential subdivisions, manufactured housing communities, multi-unit residential developments, business parks or other similar uses and using on-site sewage facilities for sewage disposal shall submit planning materials for these developments to the City of Denton. ii. The planning materials shall be prepared by a professional engineer or professional sanitarian and shall include: a. An overall site plan, b. Topographic map, c. 100 year floodplain map, d. soil survey, location of water wells, locations of easements as identified in Texas Administrative Code Title 30 Chapter 285; g. A complete report detailing the types of on-site sewage facilities to be considered and their compatibility with area wide drainage and groundwater; and h. A comprehensive drainage plan. 6. On-Site Sewage Facilities$' An on-site sewage facility may be installed to serve an individual residence, commercial or industrial facility if: i. The lot upon which such structure is located is more than 600 feet from any City sanitary main. The distance shall be measured as the straight-line horizontal distance between the end of the existing City sanitary sewer main to the nearest property boundary of the lot to be served;82 ii. The Director of Water or Wastewater Utilities certifies in writing that the topography of such premises makes normal connection with such existing 81 Replaced "septic system" with "on-site sewage facility" throughout. $Z DISCUSSION ITEM: City staff is reconciling distance thresholds per Ord. 34-119 and Ord. 26-171 in the Code of Ordinances. Denton, Texas - Denton Development Code 48 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� b9��:�ir �irn� b9��a�w��:a�ir ��:�irn��ir�� 6.6.16 Alternative Water and Sewer Facilities sanitary main impractical or impossible, and a low pressure sewer system is not feasible; and83 iii. The operation of an on-site sewage facility is feasible on the premises and will meet the standards and requirements of this Chapter. iv. All other installations of on-site sewage facility shall be unlawful within the wastewater service area as certified by TCEQ. b. On-site sewage facilities shall be installed in accordance with the standards established by the Texas Department of State Health Services, TCEQ, and the design criteria adopted by the City.84 c. An applicant for approval of an individual on-site sewage facility shall submit the following evidence to the Director of Water or Wastewater Utilities: i. Map and statement of justification; ii. Affidavits that the on-site sewage facility will serve residents, commercial, or industrial facilities confined to a single lot and not to exceed 5,000 gallons per day in capacity;85 iii. A site evaluation and construction plan of the on-site sewage facility system prepared by a registered professional engineer or registered professional sanitarian; and iv. Affidavit of the results of the soil analysis and site evaluation in accordance with Title 30 TAC Chapter 285.86 v. Upon review of this evidence, the Director of Water Utilities may issue an On-Site Sewage Facility Permit. Wastewater Treatment Systems$' In areas where development requires wastewater services for more than a single facility and the cost of extending and tying onto the City system is prohibitive, wastewater treatment system may be considered and approved by the City according to the following general criteria: a. The cost to tie onto the City system, less impact fees, would be significantly greater than the proposed alternative. b. The applicant of the proposed alternative system provides certified evidence from a registered professional engineer that the system will meet all City, state and federal health and water quality standards. c. The sizing and material quality of all facilities will meet the City standards, and federal and state regulatory requirements.$$ d. The review and approval procedures for such wastewater treatment system shall proceed concurrently with the normal platting and engineering plan approval process as outlined in this article, except for applications under these alternative sewer 83 Added "and low pressure sewer system is not feasible." $' Updated references to outside agencies. 85 New standard limits on-site sewage facilities to single lots not exceeding 5,000 gallons capacity per day. 86 Updated reference. $' Did not carry forward 35.21.11.5.4(D) (E) and (F). $$ Added "federal and state regulatory requirements." Denton, Texas - Denton Development Code 49 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� b9��:�ir �irn� b9��a�w��:a�ir ��:�irn��ir�� 6.6.17 Plans and Specifications facilities proposals that shall first require review and recommendation from the Public Utilities Board and final concurrence from the City Council. In addition, TPDES permit shall be secured for operation of the wastewater treatment facility.89 The City will assist in obtaining the TCEQ TPDES permit for the wastewater treatment facility. Once the construction of the facility is complete and the City issues the Acceptance Letter, the ownership of the wastewater treatment facility will revert to the City. The City will thereafter own and operate the facility.90 8. Existing Privately Owned Water and Wastewater Systems a. The City may accept existing or annexed private wastewater treatment system for operation and maintenance when the City's sewer lines are connected to such system, provided the system has been designed, constructed and operated in accordance with accepted industry and City standards. Such private system shall be dedicated to the City at no cost. b. Prior to such acceptance by the City, such water and sewer lines and facilities shall be inspected and evaluated as to standards, adequacy, condition, etc. If sewer lines and facilities are not according to City standards, a per-lineal-foot pro rata charge shall be assessed to the users of such system for installation of these new facilities or will be on a per-lineal-foot, actual-cost basis for upgrading or repairing the existing facilities to meet City standards. c. Connections to sanitary sewer extensions required upon notice. Whenever the City sanitary sewer system is extended to within 200 feet91 of any lot or parcel of land within the corporate limits of the City where an on-site sewage facility, dry closet or privy vault exists, the owner or occupant of each premises shall abate such on-site sewage facility, dry closet or privy and shall construct a suitable water closet upon such premises and connect the water closet with the City sanitary sewer main within 45 days after written notice to do so from the City health officer unless he can show by county health certificate that his current system is functioning in a sound and safe manner. He shall further be required to have these facilities re-certified every two yea rs. �m�m�'7 I�Ill�ii�� i�m�' ��iir�iii��iii�i�m� The developer shall provide the City with all plans and specifications for all water and wastewater facilities necessary to service the proposed development. A. Basic Requirements 1. All water and wastewater facilities necessary to support a proposed development shall be designed by a professional engineer licensed in the State of Texas. 2. Plans and specifications shall be prepared and submitted for review and approval prior to final acceptance and approval of the Final Plat. 3. Plans and specifications shall conform to the criteria contained in the Water and Wastewater Design Criteria Manual. 89 Last sentence is new. 90 New. 91 Currently 500 feet. Denton, Texas - Denton Development Code 50 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'l Il,,.�irna��{�iiirn�� S��r�a�irn6imce�g I��u��ir6irn�a �irn� If��im�� 6.7.1 Purpose B. Construction Plans 1. The developer's engineer shall prepare construction plans for all water and wastewater facilities required to serve the development. 2. The construction plans shall be prepared by a professional engineer licensed in the State of Texas and shall be signed and sealed in accordance with the criteria outlined by the State Board of Registration for Professional Engineers prior to submittal to the City for review, approval or construction purposes. 3. The construction plans shall be prepared in accordance with the standards outlined in the Water and Wastewater Design Criteria Manual and shall be available on electronic media unless otherwise approved by the Water Utility Department. C. As Built Drawings After the construction has been completed and prior to acceptance of the facilities by the City, the construction plans shall be modified to reflect as-built conditions and be submitted to the City. Commentary: This section includes the standards for tree preservation (underway), landscaping, buffering, and screening, fences and walls. The current landscaping requirements were updated to reflect staff's recent proposed revisions (from redlines submitted in 2017). We introduced a new alternative landscaping plan option that gives the Director greater authority to allow flexible approaches that still meet the intent of the landscaping requirements. Simple new buffering standards were also proposed for consideration. We also introduce additional standards focused on water preservation and improving stormwater quality through low-impact landscape design and limitations on turf grass. We relocated the parking lot landscaping standards to this section, though they could be located in off-street parking at stafF discretion. Fence and screening standards were amended to incorporate a broader set of standards to address materials, quality, and height. We left a placeholder in this draft for Tree Preservation requirements, since our understanding is that those proposed standards are under review and on hold. ��'7�� I��ul��z The City recognizes landscaping, tree preservation, buffering, and screening as important elements to: A. Blend the built and natural environment and preserve the natural landscape; B. Mitigate or minimize potential nuisances such as noise, light, glare, dirt, litter, signs, parking, or storage areas and to provide a transition between uses;93 C. Conserve water resources by using sustainable design and maintenance techniques and low- water plant species; D. Promote environmental benefits such as improved stormwater retention, water quality, and air quality, retaining soil moisture, recharging groundwater, and preventing erosion; and E. Improve the appearance of development and establish an attractive streetscape. 92 Mostly new purpose statement. 93 From first sentence in buffer requirements, 35.13.8. Denton, Texas - Denton Development Code 51 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'l Il,,.�irna��{�iiirn�� S��r�a�irn6imce�g I��u��iriiimce�� im� IF�irn�a�� 6.7.2 Applicability �� I�I�Illiii��l�iiillliii A. General Applicability Unless otherwise exempted in paragraph B below, or elsewhere in this Code, the standards in this Section 6.7 shall apply to the following: New Development A new primary structure is constructed; or An existing primary structure is relocated on the lot. Expansions and Enlargements94 All expansions or enlargements shall be considered together with any other expansions or enlargements during the previous two year period. a. The entire site shall comply with this Section 6J when: i. The number of multifamily dwelling units on a property is increased by 25 percent or more;95 or ii. Ten or more additional multifamily dwelling units are created within the MD zoning district; or96 iii. The square footage of a nonresidential building is expanded or enlarged by 50 percent or more; or iv. The addition or expansion of one or more structures or uses that requires specific use permit approval.97 The portion of the site being expanded and/or improved shall comply with this Section 6J when: i. Except for within the MD zoning district, the number of dwelling units on a property is increased by 10 percent or 10 dwelling units, whichever is less; or ii. The square footage of a nonresidential building is expanded or enlarged by more than 10 percent;98 or iii. Parking area improvements or expansions including reconfiguring, reconstructing, or other similar projects, but not including resurfacing or restriping. Electric Substations and Switch Stations Landscaping, screening, buffering, and tree standards for electric substations and switch stations shall be pursuant to Section 6.12.6. 94 Based largely on the current expansion applicability table in 35.13.3, with revisions as noted. 95 Currently 50 percent Clarified that this only applies to multifamily dwellings. 96 Previously 35.143B; reworded for clarity and consistency. We replaced the phrase, "central business districY' with "MD zoning districY' to provide clarity to where this standard would apply. This standard also appears in the Expansion Applicability Table in current 35.13.3. 97 New. 98 Currently between 25 and 50 percent. Denton, Texas - Denton Development Code 52 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'l Il,,.�irna��{�iiirn�� S��r�a�irn6imce�g I��u��iriiimce�� im� IF�irn�a�� 6.7.2 Applicability B. Exemptions99 1. Expansion of a single-family detached dwelling, duplex, or townhome within the permitted lot coverage.loo 2. Cumulative expansions and enlargements of a multifamily development or nonresidential use less than 1,000 square feet.lol 3. Conversion of a residential structure to a nonresidential use where no site improvements are required. C. Alternative Landscaping102 1. Alternatives Authorized A reduction in the count, configuration, or location of required landscaping materials may be allowed when alternatives are justified by site or development conditions. Conditions justifying approval of an alternative landscape plan include: a. Natural conditions, such as watercourses, natural rock formations, or topography; b. The likelihood that required landscaping material at maturity would not achieve the intent of this Code due to topography, placement, or other existing site conditions; c. Unique lot size or configuration; d. Challenges associated with infill development or redevelopment on small lots; e. The presence of existing utility or other easements; f. The potential for interference with public safety; g. Preservation of natural vegetation; or h. Other situations where strict adherence to the buffer or landscaping standards in this Code are determined impractical by the Director. Alternative Landscape Plan Approval Criteria'o3 The Director may approve alternative landscape plans that do not meet the specific requirements stated in this Section 6J, when the Director determines that the alternatives meet the following criteria: a. Are consistent with the purposes of this Section 6J; b. Do not include invasive vegetation included in an adopted city, county, or state list of prohibited or invasive species; c. Provide equal or superior buffering of adjacent properties from anticipated impacts of the proposed development; and d. Provide equal or superior visual appearance of the property when viewed from a public right of way. 99 From the current expansion applicability table. We did not carry forward threshold of 25 percent to facilitate minor expansions. ioo Added duplex and townhome. lol Currently the greater of 1,000 square feet or 25 percent of the building square footage. ioz New standards to give greater flexibility to the Director. l03 Replaces 910.05.0. Added specific qualifying criteria for when alternative landscaping may be considered. Denton, Texas - Denton Development Code 53 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'l Il,,.�irna��{�iiirn�� S��r�a�irn6imce�g I��u��iriiimce�� im� IF�irn�a�� 6.73 General Landscaping Standards ��'7�� iir��iir�lll I��iir�m��iiii�� iir��iir��an� A. Minimum Landscaping Required'os B. Measuring Landscaping and Tree Canopy 1. Landscaped area shall only include areas on the site that are not included in the calculation of "lot coverage";lo' 2. The following may count towards meeting the landscape and tree canopy requirements: a. Undisturbed vegetative areas; b. Environmentally sensitive areas; c. Tree canopy in the adjacent public right-of-way; and d. Plazas and pedestrian circulation areas if constructed with pervious material. 3. Tree canopy is measured by computing the area that the mature canopy will encompass, based on the Tree List contained in the Site Design Criteria Manual. The mature canopies shall be estimated for existing trees on site. Any tree not on the Tree List shall be estimated by use of standard landscaping references. lo' We did not carry forward the artificial lot line procedure that allows administrative relief. Instead, we provided broad authority for alternative landscaping approaches in 6.7.2C. ios Only the corridor and other nonresidential districts in the new proposed Subchapter 3 included minimum landscaping requirements. For the missing districts, we based the percentages on the conversion of districts and the current requirements in the landscape and tree canopy requirements table in 35.13.7.B. These need to be coordinated with the consolidated draft. lob This table represents the list of zoning districts with amendments made since the public draft of Module 1, including renaming the RC district to rural residential, adding a residential district for small lots (R4), and deleting two of the proposed corridor districts (UC and PC). Such amendments will be reflected in the consolidated draft. lo' Revises the current statement that landscaped area is the portion of the site not defined as lot coverage. Denton, Texas - Denton Development Code 54 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'l Il,,.�irna��{�iiirn�� S��r�a�irn6imce�g I��u��iriiimce�� im� IF�irn�a�� 6.7.4 Buffer Requirements C. Turf Grass Limitation108 No more than 30 percent of a required landscaped area shall consist of high-water using species (those requiring more than one and one-half inches of water or more per week to survive) of turf grass except for playgrounds and designated recreational areas. Required buffers shall not use turf grass, pursuant to 6.7.4C.2. �m'7m� I�u��iir I��,�iiii�°�iir�m�i�m�� Landscaped buffers are required to mitigate or minimize potential nuisances such as noise, light, glare, dirt, litter, signs, parking, or storage areas and to provide a transition between incompatible uses. A. Minimum Buffer Required Unless exempted by 6.7.2B, buffers shall be required by the developing use pursuant to Table 6.0 below. B. Buffer Point System10 Buffers shall earn the designated point total by selecting a combination of elements as indicated in Table 6.D below. For buffers including more than two elements, vegetation shall include a combination of shrubs and trees. ios New. l09 Replaces the current 35.13.8. Many standards were carried forward, but the requirements were substantially revised. Many of the proposed changes to 35.13.8 were proposed by staff in a 2017 staff redline version. llo The new buffer point system replaces the current requirements for buffer types 'A' through 'D.' The consolidated draft may include a graphic depicting some of the buffer elements. Denton, Texas - Denton Development Code 55 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'l Il,,.�irna��{�iiirn�� S��r�a�irn6imce�g I��u��iriiimce�� im� IF�irn�a�� 6.7.4 Buffer Requirements C. Buffer Standards 1. Buffers shall be located on the outer perimeter of a lot(s) or parcel(s) extending to the limits of the developed area of the site. They may not occupy any portion of an existing, dedicated, or reserved right-of-way or be located on public property. a. In instances where a required drainage or public utility easement is located within a buffer area, the easement area will count toward the buffer area requirement. No trees or shrubs are allowed within the easement. However, if the remaining buffer area outside the easement is 10 feet or greater, buffer elements are required. In those instances where a perimeter fence or wall is used in conjunction with a buffer, the perimeter fence or wall shall have a minimum height of six feet, shall be constructed of material permitted by 6J.9B.1, and shall be located on the outside boundary of the required buffer. 2. Buffers shall be designed based on the following standards. The entire buffer area must be landscaped with ground cover other than turf grass, including ornamental grasses, crushed granite, or low-water usage plants. Vegetation included in the buffer shall meet the following requirements: i. Plant species shall be selected from the approved Tree List and Native Plants List. ii. At least 50 percent of the plants shall be evergreen. iii. No more than 50 percent of the plants shall be from the same species. c. The buffer may contain pedestrian or bike trails to promote connectivity to adjoining properties as long as no required plant material is eliminated from the design and the buffer width is maintained. 3. Designated tree preservation areas occupying a portion of a required buffer satisfy the planting requirement for the portion they occupy. 4. When healthy, native trees and shrubs are located within the required buffer, the existing trees and shrubs must not be removed or replaced with new plantings. The Director may Denton, Texas - Denton Development Code 56 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'l Il,,.�irna��{�iiirn�� S��r�a�irn6imce�g I��u��iriiimce�� im� IF�irn�a�� 6.7.5 Street Tree Requirements determine if additional buffer elements are required to mitigate or minimize potential nuisances. D. Exceptions to Buffer Requirements 1. Buffer requirements may be waived by the Director when the property is an internal site within a master planned development or within a mixed-use development. Buffers shall still be required around the perimeter of the development based on the requirements in this subsection. 2. Buffer requirements shall not apply to the MD district except for properties adjoining single-family detached, duplex, or townhome uses. 3. The Director may authorize alternative screening methods if the intent of this subsection is met.11l �m'7m,� ��iir�� "'lll"iir�� I��u�iiiiir�i�mm�ii�� A. Applicability All development, with the exception of estate style single-family subdivisions shall be required to plant street trees in accordance with the following standards and in accordance to the Site Design Criteria Manual. The Director may approve alternative plans pursuant to 6J.2C for reasons such as safety, site conditions, or existing trees on the lot, affect the ability to meet these regulations. B. Street Tree Plan All development shall be required to submit a master street tree plan noting location, number, and species of trees to be used adjacent to the development. The plan shall be submitted with the civil engineering plans or the site plan with a development application. C. Location Street trees shall be located between the street and sidewalk, except in cases where there is a designated planting strip in the right-of-way, or the sidewalk is greater than eight feet wide and designed to accept trees in tree wells. D. Number and Spacing Street trees shall be planted by the following requirements: Spacing along Street Spacing of street trees shall be provided as follows: a. Single-Family Residential i. One tree per lot, evenly spaced, for developments with lots less than 60 linear feet of street frontage. ii. Two trees per lot, evenly spaced, for developments with lots greater than 60 linear feet of street frontage. iii. Corner lots for all single-family developments shall require two or more street trees, evenly spaced, depending on the length of frontage on each street for such lots. 111 New. llz Carried forward from 35.13.7.C, revised as noted. Denton, Texas - Denton Development Code 57 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'l Il,,.�irna��{�iiirn�� S��r�a�irn6im�� I��uff��ir6irn�a �irn� If��im�� 6.7.5 Street Tree Requirements b. Multifamily Residential, Townhome and Nonresidential One tree for every 45 linear feet of street frontage. c. Corner Lots Shall be located a minimum of 25 feet from the property corner adjacent to the street right-of-way intersection. 2. Spacing from Utilities a. Water and Wastewater Service Lines No trees shall be planted closer than 10 feet113 from any underground water or wastewater utility connection or main. The location of the water and wastewater utility line shall be considered, for distance purposes, to be the surface of the ground above the line. b. Fire Hydrants No trees shall be planted closer than 10 feet from any fire hydrant. c. Street Lighting Street lighting instruments shall be installed according to the design criteria of the electric utility. Individual street light instruments may be substituted in the place of individual street trees in order to reduce tree/instrument conflict. d. Within Planting Strip All street trees shall be planted within the centerline of the planting strip running parallel between the curbline and sidewalk. e. Root Barrier System Spacing requirements from utilities may be reduced at the discretion of the Director with a street tree plan submitted and approved which would include the installation of root barrier systems approved of by the Water or Wastewater Department. 3. Spacing from Driveways No trees shall be planted closer than 10 feet114 from any driveway. E. Tree Species 1. Street Tree Species Type Tree species to be used for street trees will come from the Tree List and be of a medium or large tree variety. 2. Species Diversity Street tree species shall be of the same variety along an individual block. The same species of tree shall not be used on streets which are generally parallel and within two blocks apart. If a species of tree is approved to be installed on the dead-end street, the same species of tree should be used on the extension of the street into the new subdivision. 113 Currently nine feet. 11' Currently five feet. Denton, Texas - Denton Development Code 58 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'l Il,,.�irna��{�iiirn�� S��r�a�irn6imce�g I��u��iriiimce�� im� IF�irn�a�� 6.7.6 Parking Area Landscaping F. Maintenance 1. Property Owner Responsibility Street trees shall be maintained by the adjoining property owner. It is the adjoining property owner's responsibility to thin, prune, spray, water and fertilize, and otherwise maintain street trees, as may be deemed necessary and feasible. All incurred costs are to be borne by the property owner. 2. Tree Canopy Height The street tree shall be maintained by pruning, thinning and other necessary care by the adjacent property owner to ensure a minimum clearance of 15 vertical feet from the curbline to any intruding canopy branches. Removal of Trees or Plantings in Public Right-of-Way The City may remove any planting which constitutes a hazard or may endanger the health, well-being or property of the public or which constitutes an obstruction to the vision of traffic. 4. Tree Replacement The City may replace an approved street tree or other planting which has died or may have been removed for any reason, or plant additional street trees deemed appropriate and consistent with available resources. Abuse or Mutilation It shall be unlawful for any person to break, destroy, or mutilate any approved street tree, or to set fire or permit any fire to cause damage to any portion of any street tree, or to attach or place any rope or wire, sign, poster or other device on any street tree. ��'7�� I��iirl4�iiii�� i�°�� IU��i��iiiiir�g��y All parking lots, which for purposes of this section, include areas of vehicle maneuvering, parking, and loading, shall be landscaped and screened as follows: A. Amount Required 1. A minimum of seven percent of the total parking area shall be landscaped. 2. A minimum of 15 percent of the required parking shall be covered by tree canopy. B. Planting Materials 1. The tree species shall be an appropriate shade tree and shall be selected from the Tree List and Native Plants List in the Site Design Criteria Manual. 2. The landscaped and end cap areas shall be planted with trees, shrubs or groundcover. Landscaped areas shall be evenly distributed throughout the parking area and parking perimeter. lls The parking lot landscaping standards were carried forward from 35.13.10.C. Some communities opt to include parking lot landscaping requirements in the off-street parking section. These may be relocated in a subsequent draft based on further discussion. Denton, Texas - Denton Development Code 59 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'l Il,,.�irna��{�iiirn�� S��r�a�irn6imce�g I��u��iriiimce�� im� IF�irn�a�� 6.7.6 Parking Area Landscaping C. Design Standards The following landscaping standards shall apply, incorporating the landscaping standards of the Site Design Criteria Manual (see Figure ---): 1. Parking lots shall be separated from the street frontage by a 15-foot landscape area to reduce visual impacts. 2. The 15 feet landscape area shall begin from the Public Utilities Easement (PUE). If an easement does not exist, the landscape area shall begin from the street right-of-way. 3. A landscape berm with a maximum one on four side slope on both sides shall be designed within the 15-foot landscape area to help screen the parking lot. 4. Large trees shall be planted every 40 linear feet within the 15-foot landscape area. 5. A minimum of three small accent trees clustered every 30 linear feet within the 15-foot landscape area may be substituted for the large tree requirement. 6. At least one or any combination of the following shall be used to help screen the parking lot:116 a. Xeriscape landscaping shall be planted within the 15-foot landscape area. Xeriscape landscaping shall require water irrigation for a period of three years for landscaping to be established. After three years no water irrigation is required; b. A minimum three-foot high continuous row of evergreen shrubs planted within the 15-foot landscape area; or c. A minimum three-foot high continuous wall made of any combination of wrought iron, masonry, stone or decorative concrete panels within the 15-foot landscape area. If wrought iron is used, vines shall be grown on the wrought iron to help screen the parking lot. d. The Director may authorize alternative screening that meets the intent of this subsection.11' 7. Parking lots with 100 spaces or more shall be designed in accordance with pedestrian circulation requirements in 6.8.12F. 8. Parking lots shall provide interior planting islands between parking spaces at an average of every 10 parking spaces to avoid long rows of parked cars. The planting islands shall be a minimum of 160 square feetll$ and be protected by a six-inch high curb on all sides and a 12-inch wide concrete step-off area adjacent to parking spaces. A large tree shall be planted within this planting island. � 116 STAFF: These screening standards are inconsistent with those in 35.13.10.C.2, "screening at right-of-way." We did not carry forward those right-of-way screening standards. 11' New staff authorization. lls Currently 153 square feet minimum, which is an unusual number. Denton, Texas - Denton Development Code 60 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'l Il,,.�irna��{�iiirn�� S��r�a�irn6imce�g I��u��iriiimce�� im� IF�irn�a�� 6.7.7 Tree Protection Standards """""""' �M�'de�`MpN!Y°' � . r. � � `�'d� W�M� tl� � � ��r � �� ' «� � �� II r� � �� r��r^ � � �.� � �,� � »� �� +�+ x� �� e � � ��a ��, � � � � � � � Update graphic to improve legibility in consolidated draft. ��'7�'� "'lll"iir�� Il�iir��iii�iir� ��i��i�� [Reserved — new tree preservation standards, once adopted, wi(( be incorporated into the conso(idated draft] ��'7�� iir�� I ��iiigiir� ��i� I�� Illimmm�� I��Ill��immm�i�� ILIIII ��z� A. B. Purpose The City of Denton recognizes the importance of mitigating impacts of increased runoff and stormwater pollution from development, redevelopment, and infill. Low impact development (LID) practices can be used as part of an integrated water management strategy. Further, LID practices as an alternative to standard landscaping methods promote infiltration, remove pollutants, regenerate groundwater supply, and encourage the use of native plants. These practices are intended to help the City implement integrated Stormwater Management (iSWM), to mitigate impacts of increased imperviousness.lzl Applicability122 1. 2. The options in subsection C below are encouraged to implement LID at the time of site development or redevelopment. The options are not intended to be prescriptive or to inhibit creative design. The LID options may be used as an alternative to the landscaping standards in the following sections: 6.7.3, Genera( Landscaping Standards; 6.7.4, Buffer Requirements; and 119 Carried forward from current 35.13J. This section will be replaced or revised based on the city's new tree ordinance which is currently underway. izo New standards. These need to be coordinated with engineering to ensure that the proposed options could be adequately reviewed against appropriate criteria manuals and/or BMPs. The LID standards may be relocated to the parking lot landscaping section in the consolidated draft. lzl Denton is an iSWM city (Silver Certified), meaning it participates in the implementation of stormwater practices by way of specific criteria, technical manuals, and other program guidance and tools. Learn more at http://iswm.nctcog.org/technical_manual.asp. lZZ In this draft we proposed specific sections where the use of LID options could be provided as an alternative. Additional areas and/or sections of the DDC may be added to this list with the consolidated draft pending further discussion. Denton, Texas - Denton Development Code 61 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'l Il,,.�irna��{�iiirn�� S��r�a�irn6imce�g I��u��iriiimce�� im� IF�irn�a�� 6.7.8 Site Design for Low Impact Development (LID) c. 6.7.6, Parking Area Landscaping. 3. In no case shall the use of LID options result in a reduction in landscaping standards that would result in a site that is inconsistent with the purpose and intent of this Section 6J. C. Low Impact Development Options123 1. Bioswales Bioswales are vegetated swales planted with wet tolerant species of plants or ornamental grasses. They transport store, and allow infiltration of water, and can be designed as a landscape feature. Bioswales are not grassed, but are planted with a variety of plant species that can withstand occasional water inundation for short periods of time. 2. Grassed Swales Grassed swales are designed conveyance devices used to transport water over the surface of the ground to a point of disposal that may be a catch basin, ditch, water body that will filter, infiltrate, evaporate, and clean the water of total suspended solids, solid waste and other pollutants. Swales are often appropriate along property lines, public streets, and around buildings. Permeable Pavers Permeable pavers allow water seepage through the joints and through the graded gravel base that they are placed on. This allows for the infiltration of rainwater thereby reducing the runoff leaving a site. When used in connection with street tree plantings, they allow for more air circulation around tree roots and can easily be removed in order to trim tree roots and regrade for a walkable surface. Permeable pavers are not permitted to be used as an alternative to landscaping material; however, they may be allowed on sidewalks or other walkways within the site (but not on public right-of-way). 4. Bioretention Facilities (a.k.a Rain Gardens) Bioretention facilities are small shallow, depressions planted with a variety of native or ornamental plants that can treat small amounts of runoff to improve water quality. Bioretention facilities are generally small collections of water loving plants planted on a low site area that naturally collects rainfall. Sand Filters Sand filters are depressions, trenches, barriers, or sand lens constructed of porous mineral matter that improve ground water recharge to filter, clean and trap waterborne pollutants. Other Options In addition, other LID standards include extended detention basins may be used in open space tracts to treat the runoff from multiple lots, roads, trails, and pathways. Other LID options as approved by the Director may be considered. lz3 Design standards for these LID options are located within the manuals for iSWM. Denton, Texas - Denton Development Code 62 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'l Il,,.�irna��{�iiirn�� S��r�a�irn6imce�g I��u��iriiimce�� im� IF�irn�a�� 6.7.9 Walls, Fences, and Screening ��'7�� IIIIII�� 111=�i�� iir�� iir��i�iiii��.�� A. Purpose125 The purpose of these standards is to provide reasonable regulations for the appearance, location, type, and maintenance of fences and walls to ensure the safety of residents and the high-quality character and appearance of the City. B. Fence Standards126 Fences are not mandatory; however, when used, all fences or walls shall be constructed in compliance with applicable Code of Ordinance provisions, and are subject to the following additional requirements: Fence Materials a. Fences shall be constructed of wood, wrought iron, masonry, brick, vinyl, PVC, architectural metal panels, or composite material, and shall be designed and constructed to allow proper drainage flow. The structural support members of shall be located on the interior of the fence and shall not be visible from public view. Natural vegetative edge row is also permitted. b. Perimeter fences surrounding subdivisions or nonresidential uses with common perimeter fences, shall be constructed of masonry, wrought iron, or a combination of masonry and wrought iron. c. Chain-link fence constructed with metal posts and top rail may be allowed for agricultural, institutional, or industrial uses.12' d. Barbed wire, razor wire or electrified fences may only be used when necessitated by an allowed agricultural use, for uses within an industrial zoning district for security purposes, or to comply with federal or state law. e. Fence design and materials shall be installed and maintained consistently for the entire length of the fence. 2. Fence Height Fences constructed along rear and side property lines shall not exceed eight feet in height. Fences that are constructed in front yards or forward of the front building line shall not exceed four in height, except that fences may be located in front yards for agricultural uses, multifamily uses, or within nonresidential zoning districts provided such front yard fence is no more than 50 percent opaque and such fence complies with the sight visibility triangles contained in the Transportation Criteria Manua1.12$ lz' From 35.13.9, with revisions as noted. izs New. lzb Revised to refer to "fences" instead of "perimeter fences." lZ' New limits on chain link fencing. lZ$ New standard allowing front-yard fencing to be taller for certain uses and certain districts, provided they are semi-transparent. Denton, Texas - Denton Development Code 63 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'l Il,,.�irna��{�iiirn�� S��r�a�irn6imce�g I��u��iriiimce�� im� IF�irn�a�� 6.7.9 Walls, Fences, and Screening Fence Location129 Fences shall not be located within any right-of-way, easement, designated fire lane, or within any required parking spaces. Fences shall not obstruct safe vehicular or pedestrian passage; ingresses or egresses; nor shall they obscure any sight visibility lines or sight visibility triangles contained in the Transportation Criteria Manual. C. Screening Screening is required for the following applications, as specified below: 1. Refuse Container Screen13o Containers for commercial solid waste and recycling service shall be screened from public view. Refuse containers that are not visible to the public are not required to be screened. Containers for solid waste and recycling service for nonresidential, mixed-use, and multifamily development shall be enclosed on all sides with a gated solid screening wall at least six feet in height.131 c. Materials used for container enclosure construction shall be of masonry, metal, wood, vinyl, or composite material that is compatible with the primary structure132 and shall be maintained in a state of good repair at all times. All refuse and recyclable materials shall be contained within the screened refuse and recyclables area. A concrete or asphalt pad shall be installed beneath the waste collection area.133 Mechanical Equipment Screen All mechanical equipment, including those on roof tops, shall be screened from all rights- of-way and residential uses or zoning districts. Outside Storage Except for industrial uses that are legally permitted, and uses in the LI district, all outside storage shall be screened from all rights-of-way with a fence or wall at least six feet in height. No outside storage shall be stacked in a way that it becomes visible from the public rig ht-of-way.134 4. Inoperable or Junk Vehicle Unless otherwise provided, all inoperable or junk vehicles that are stored outside an enclosed structure shall be screened from all rights-of-way. D. Exceptions to Screening Requirements Screening requirements may be waived by the Director or his or her designee if an opaque screening of equivalent height or greater exists immediately abutting, and on the opposite side of the lot line. lZ9 Did not carry forward standard requiring fences be located 10 feet from the edge of the right-of-way, which otherwise can lead to ill-maintained areas between the fence and the right-of-way. 13o Revised to strengthen refuse area standards since that has been a particularly challenging issue in Denton. 131 New. 13z Compatibility standard is new. 133 Last sentence is new. 13' Stacking and height requirements are new. Exemption for industrial uses and district were carried forward from 35.12.7.B. Denton, Texas - Denton Development Code 64 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'l Il,,.�irna��{�iiirn�� S��r�a�irn6imce�g I��u��iriiimce�� im� IF�irn�a�� 6.7.10 Installation and Maintenance ��'7�� Illiir��llllll��iii�i� �i�� ii�iiiiir��iir��iir��y A. Landscaping installed as part of the requirements of the landscape standards shall be maintained in a healthy, growing condition at all times. B. The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning, litter removal, and other maintenance as needed for all plantings. C. Any tree that is planted as required or preserved for canopy coverage that dies shall be removed immediately and replaced with an approved tree in the appropriate planting season. D. Failure to replace any approved or required landscaping is a violation of this Subchapter. E. All properties shall install automatic irrigation systems. The Director may waive the irrigation system requirement if a landscaping plan is approved that includes drought tolerant plants or xeriscape design. F. Low-impact development elements shall be installed and maintained pursuant to iSWM and/or manufacturer specifications.136 G. Fencing and screening installed as part of the requirements in this Section shall be maintained in good working condition at all times.13' 13s From 35.13.7.B.2 and 3. 136 New. 13' New. Denton, Texas - Denton Development Code 65 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8.1 Purpose Commentary: This section includes standards related to pedestrian, bicycle, and vehicle access and circulation from Subchapter 13: Site Design Standards; Subchapter 14: Parking Standards; and Subchapter 20: Transportation. This section organizes Denton's current standards related to internal circulation, connections between developments, and multi-modal considerations as well as introduces new standards. Substantive changes proposed in this draft are called out in the footnotes. In March of 2018, the City adopted a revised Transportation Design Criteria Manual (TDCM) that includes the minimum guidelines for the design and construction of transportation infrastructure within the City of Denton. The TDCM and the DDC will act as companion documents to establish transportation-related standards in the City. While the TDCM primarily focuses on public improvements and the DDC focuses on private improvements, it is inevitable that some overlap may exist between the two. This content in this section may be re-organized or removed to reconcile any overlap between the two documents; however, significant departures from the proposed policies and standards presented in this section is unlikely. The Consolidated Draft will include revisions to this section that are deemed necessary to align the TDCM and the DDC. �m m� I��I�°��::�� The purpose of this section is to reduce the number and length of automobile trips and related greenhouse gas emissions by encouraging walking and bicycling by integrating sidewalks and bicycle routes in new development and redevelopment, and by providing for shorter and more direct routes between many destinations. �m m2 ��Illiii��l�iiillliir�y"�'� Except as otherwise provided in this section, the standards in this section shall apply to all new development. �m m3 �iiiiir�u�lll��iii�ii� Ill�lll�i�m I��,�iiii�°��'�� A. All development, except for single-family, duplex, and townhouse residential uses within previously platted subdivisions shall prepare a circulation plan. The circulation plan shall meet the requirements of the Administrative Criteria Manual, Transportation Design Criteria Manual, and contain the following information: 1. Internal circulation and connectivity to existing street network; 2. Emergency and service vehicle access; 3. Parking layout; 4. Loading operations; 5. Turning radii based on uses; 6. Traffic calming measures where future "cut-through" traffic is likely; and 7. Other similar issues identified by the Director. 13s Did not carry forward current 35.20.2A. These standards have been relocated to the Transportation Design Criteria Manual. 139 New. 1'o Replaces current language in 35.20.2, "The following street standards shall apply to developments under this Subchapter." 1'1 New. Denton, Texas - Denton Development Code 66 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8.4 Compliance with Specifications B. The Director may waive the requirement for a circulation plan on a case-by-case basis if a development is expected to have no impact upon circulation or proposes no change in existing circulation patterns. This standard shall not be construed to exempt development that includes additional parking, driveways, or substantial modifications to the existing pedestrian network. C. A circulation plan shall be submitted with the respective site plan or subdivision application, as appropriate. �� immm��llliii�iir�� iir�lh� ��iir�iii��iii�i��m�� A. Developments shall provide for streets, sidewalks, bicycle, and transit facilities to serve the development in accordance with the requirements of this section, the design standards in the Transportation Design Criteria Manual, and the City Mobility Plan, as amended. B. All street, sidewalk, bicycle, and transit improvements shall be constructed in accordance with Division II, Materials, and Division III, Methods, of the City's Standard Specifications for Public Works Construction, North Central Texas Council of Governments (NCTCOG Standard Specifications), as amended by the City. C. Where any provision of this Code conflicts with a provision or requirement of the NCTCOG Standard Specifications, the provisions of this Code shall control. D. Prior to construction of sidewalks or any other public pedestrian facility for developments where the total cost of pedestrian improvements will exceed $50,000, the developer must show proof of Texas Department of Licensing review and approval for accessibility. E. For sidewalks or other pedestrian facilities proposed in a TxDOT right-of-way, Texas Department of Licensing review must occur prior to applying for a TxDOT Permit. Proof of review must be submitted with the Permit application. �m m,� ��I�iii�lll� "�i�°iii��n�.� Any requirement or design standard in this section that is determined in accordance with a specified number of vehicle trips, shall be determined by the City Traffic Engineer in accordance with the latest edition of the Trip Generation Manual, published by the Institute of Transportation Engineers. �� iir�� I��iii�i�m�� A. Street Capacity145 1. All developments shall provide for those streets, including internal streets, the improvement of existing and new adjacent streets, the improvement of existing and new offsite streets and rights-of-ways to the standards listed in the Transportation Design Criteria Manual or if necessary in excess of those standards if the increased traffic to be generated by the property at full development would create a worse level of service (LOS) than LOS D, as defined in the Transportation Design Criteria Manual. 1'z previously 35.20.1 and 35.20.2.J. 1'3 Previously 35.20.2.I. 14 DISCUSSION ITEM: Consider moving this content to the Transportation Criteria Manual. 1's previously 35.20.2.K. Denton, Texas - Denton Development Code 67 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8.6 Street Design 2. Off-site street improvements are to be provided to the extent that the effects of additional traffic created by the development will be mitigated and not absorb existing street capacity on a first come first serve basis. 3. Any streets required by the provisions of this Code shall also include any drainage structures that are part of the street improvements and are necessary to serve the development, in accordance with the drainage requirements of this Code and the Stormwater Design Criteria Manual. 4. In the case of rural/suburban streets, no underground drainage improvements, other than driveway culverts and cross drainage, shall be required. Adequate borrow ditches as described in the Stormwater Design Criteria Manual shall be provided.146 5. To provide for future street improvements, any development may elect, upon the approval of the Planning and Zoning Commission, to dedicate more street right-of-way than would otherwise be required for the development, in lieu of constructing the total street system otherwise required of the development by this Code, when: a. The additional right-of-way will be needed for a proposed arterial street, as shown on the City Thoroughfare Plan; b. Omitting the street improvements that would otherwise be required would not substantially impair the safe movement of traffic created by the development; and c. The market value of the additional right-of-way would, as determined by the City Engineer, be equal to or greater than the cost of the street improvements, which are to be omitted. B. Street Grade147 Street grades measured at the street centerline for dedicated streets and flag drives shall be in accordance with the Standards set forth in the Transportation Design Criteria Manual. Street grades shall generally follow the natural contours of the property and be below the existing grade so that parkways drain toward the street. Excessive cuts and fills solely for the purpose of balancing dirt are not permitted. C. Intersections148 1. Street intersections shall be laid out according to the standards in the Transportation Design Criteria Manual including intersection angles, curb returns, and property lines. 2. Proper signage and pavement markings shall be installed at intersections by the developer in accordance with the Transportation Design Criteria Manual. D. Medians149 When any development is required to provide more than one-half of any arterial street, a median shall be provided in accordance with the Transportation Design Criteria Manual. E. Median Openings 1. Whenever a median opening is constructed, the associated left turn lane serving the development must be constructed at the same time. 1'6 If retained in this section, we may include a reference to iSWM standards here. 14 Previously 35.20.2.E. 1's previously 35.20.2.E. 149 previously 35.20.2.Q. Denton, Texas - Denton Development Code 68 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8J Street Connectivity 2. In the event that there is an existing intersecting street on the opposite side of the street, the new development constructing the median opening shall be required to install both left turn lanes. 3. Patterned and colored concrete riprap is required at median noses and along the sides of medians as indicated in the Transportation Design Criteria Manual. F. Traffic Calming'so Traffic calming devices shall be installed at the same time as the street. G. Pavement Markings and Signage15' All pavement markings and signage required to properly direct and separate traffic at intersections, changes in width or alignment, at traffic calming locations or other location where it is necessary to direct traffic within, adjacent or near the development as a result of the development shall be installed by the developer in accordance with the Manual of Uniform Traffic Control Devices. H. Texas Department of Transportation (TxDOT) Permits152 1. Permits for new street connections to TxDOT roads must be obtained prior to approval of a final plat on the subject property. 2. All other required TxDOT Permits must be obtained prior to construction. �m m'7 ��iir�� ii�i�m��iii�iir� n�� Y .. .. A. Purpose154 Street and block patterns shall include a clear hierarchy of well-connected streets that distribute traffic over multiple streets and avoid traffic congestion on principal routes. Within each development, the access and circulation system should accommodate the safe, efficient, and convenient movement of vehicles, bicycles, and pedestrians through the development, and provide ample opportunities for linking adjacent neighborhoods, properties, and land uses consistent with the City's Mobility Plan, as amended. Local neighborhood street systems are intended to provide multiple direct connections to and between local destinations such as parks, schools, and shopping. B. Applicability'ss Except in cases where a gated community has been approved, all developments shall provide the necessary street system to ensure safe and adequate access to each lot within the development in accordance with these standards, the Transportation Design Criteria Manual, and any other applicable City Ordinance. iso Replaces 35.20.2.R. lsl previously 35.20.2.T. isz previously 35.20.2.U. ls3 DISCUSSION ITEM: Consider standards that would require subdivisions to be arranged in a grid-like pattern when possible to improve vehicle, bicycle, and pedestrian connectivity. This will help distribute vehicle trips and reduce pressure on arterials and freeways. ls' New. iss previously 35.20.2.N and 35.20.2.P(1)(a). Reworded for clarity and grammar. Denton, Texas - Denton Development Code 69 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8J Street Connectivity C. Standards 1. Alignment'sb All streets shall be aligned with existing streets by continuation of the centerline. The staggering of street alignment resulting in "T" intersections shall leave a minimum distance of 150 feet between the centerlines of local streets and 200 feet between the centerlines of collector streets. Coordination with Surrounding Streets157 The street system for each development shall connect with existing, proposed, and anticipated streets within and outside the development and shall extend to the property boundary to provide for adequate access and the safe and effective movement and circulation of traffic. Street sections from an existing development shall continue to the first intersection of the new development. Requirements concerning block length, land use versus street sections and maximum traffic trips are all applicable in the extension of existing streets into a new development. c. An extension or connection of a public street and right-of-way to an abutting property shall include the extension or connection of associated bikeways and sidewalks.lsa Temporary Turnarounds's9 The Director and/or the City Engineer may require a temporary turnaround at the end of a roadway extension if needed to facilitate traffic flow or to accommodate emergency vehicles pending the roadway's connection to other roadways. In cases where a temporary turnaround is required, it shall be designed as a temporary cul-de- sac in accordance with the Transportation Design Criteria Manual. Temporary dead-end streets may be approved by the City Traffic Engineer without a temporary cul-de-sac. If a temporary cul-de-sac is not required, signage shall be posted indicating that the street will be extended in the future is required.16o D. Modifications to Street Connectivity Standards16' 1. The City Traffic Engineer may modify the requirements or standards for the extension or connection of a public street from or to an abutting property if such extension or connection is impractical or undesirable because it would: a. Require crossing a significant physical barrier or environmentally sensitive area (e.g., watercourses, floodplains, riparian areas, steep slopes; wildfire hazard areas); b. Require the extension or connection of a proposed internal public street to an abutting property with existing development whose design makes it unlikely that the lsb Previously 35.20.2.D. Removed language, "as far as is practical," proposed standards would allow the City Engineer to modify these standards as necessary. Reworded for clarity and grammar. ls' previously 35.20.2.P. iss New. ls9 Removed language at end of sentence, "which appendix is adopted by reference and included in this Code the same as if set out at length in this section." Reworded for clarity and grammar. lbo Reworded for clarity and grammar. DISCUSSION ITEM: Consider including provisions for right-of-way reservation and dedication to accommodate the local and regional mobility plans. Decision-making authority assigned to City Traffic Engineer. 161 New. These new standards provide flexibility for when connecting existing street systems is not practical. Denton, Texas - Denton Development Code 70 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8.8 Developer Responsibility for Access and Circulation Improvements street will ever be part of a network of public streets (for example, the abutting existing development has no public streets, or there are no "stubbed-out" street rights-of-way or open corridors between the proposed development site and public streets in the abutting development to accommodate a current or future extension or connection); c. Require the extension or connection of a proposed internal public street to an abutting property owned by a government or public utility to which vehicular access is restricted, or other property to which vehicular access is restricted by easement or deed; or d. Require the extension or connection of a proposed internal public street to an abutting property that is developed or zoned for a use whose level and type of generated traffic would be incompatible with the proposed development. 2. Any modification that is not considered impractical as listed above shall follow the Variance procedures established in Section --.16z �m m I��Ill��iir I��i�m�iiil�iiillliir�y ��iir �� ii�� iiiiir�u�lll��iii�i�m Illii�mm��iir��ii�m�i�m��ndm.� A. Internal Street Standards164 1. If a street is proposed within a development site, the developer shall provide street, bikeway, sidewalk, and other access and circulation improvements in accordance with the standards in this Code, the Denton Transportation Design Criteria Manual, and the City Mobility Plan, as amended, and shall dedicate or reserve any required rights-of-way or easements as determined necessary by the City. 2. If a development site includes the proposed corridor of a street designated on an adopted plan, the development shall incorporate a provision of the street into the design of the development, and shall dedicate right-of-way that meets the right-of-way width standards for the street, and an additional five feet to provide for any sloping needed between the pavement and the property line, as determined by the City. 3. All streets shall be provided with curb and gutter along the side abutting the development. 4. If the street is ultimately proposed to serve as a divided arterial street and the development is required to install half of the arterial street, then curb and gutter shall be provided on both sides of the street so as to provide the curb for the future median of the arterial street. B. Perimeter Street Standards'bs 1. Unimproved Perimeter Streets Any development on the perimeter of an unimproved street shall dedicate the right- of-way and improve or reconstruct the street to the same extent as is required for new streets, unless the perimeter street has already been partially improved, in which case the development shall dedicate the additional right-of-way and make the additional lbz New. 163 previously 35.20.2.L The content from this section has been re-organized to eliminate repetition and for user-friendliness. 16' Replaces current 35.20.2.L(1). lbs DISCUSSION ITEM: These standards may be revised to reflect updates from Ord. 2017-329 and the newly adopted Transportation Design Criteria Manual Denton, Texas - Denton Development Code 71 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8.8 Developer Responsibility for Access and Circulation Improvements street improvements necessary to complete the perimeter street to the classification required. b. For the purpose of this subsection, an "unimproved perimeter street" shall mean a perimeter street which does not have curb and gutter or which does not substantially comply with the standards for street construction listed in the Transportation Criteria Manual or NCTCOG Specifications. c. Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of-way in accordance with the Transportation Criteria Manual shall be provided at the time of subdivision. d. Any perimeter street required to be improved to meet the specifications for new streets shall be connected to existing off-site streets in accordance with the horizontal design specifications shown in the Transportation Criteria Manual. Phasing of Perimeter Paving Improvements a. Perimeter paving improvements are required to be constructed adjacent to the property which is final platted. b. In a development where final platting will occur in phases, the developer may choose to perform the required perimeter paving improvements adjacent to each phase as it is platted, or may choose to perform all perimeter paving improvements at one time with the platting of a latter phase as long as the paving is constructed prior to or with the phase of the development that includes 50 percent of the lots in the entire development and the subject perimeter road is not the sole access to the property. c. The developer will be required to enter into a Perimeter Paving Postponement Escrow Agreement. Exemptions to Perimeter Street Requirements The provisions requiring the improvement of existing unimproved perimeter streets to City specifications for new streets shall not apply to the following: a. A plat for a single-family detached, duplex, or townhome residential lot, where such lot is not part of a larger general scheme of development or subdivision of land containing more than one residential lot;166 b. A development that abuts less than 100 feet of an existing perimeter street, where the existing off-site perimeter street on either side of the abutting perimeter street is not improved to City specifications and there are no proposals or plans for improvements to the perimeter street on either side of the abutting perimeter street as evidenced by the City's Capital Improvement Plan or plats approved or pending approval; c. A development that: i. Is not required or does not propose to extend a City water line to the property to serve the development; and ii. Is located more than 8,000 feet from an existing City water line, measured along a straight line from the nearest boundary of the development to the nearest water line; or iii. A state or federal highway. 166 Added "duplex, and townhome" to be consistent with the Table of Allowed Uses in Module 1. Denton, Texas - Denton Development Code 72 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8.8 Developer Responsibility for Access and Circulation Improvements 4. Rural/Suburban Streets Upon recommendation of the City Engineer, a required perimeter street meeting standards outlined in the Transportation Criteria Manual for a rural/suburban street may be approved whenever: a. The required perimeter street is for a residential development in Rural District, as shown in the Future Land Use Element of The Denton Plan; b. The development is not located in an area where the pattern or intensity of development would create the need for improved urban drainage facilities in the foreseeable future; and c. There are no existing or proposed improved drainage facilities, as shown by the City's Capital Improvement Plan or by plats approved or pending approval, in such proximity to the development that would connect to or receive the drainage waters from the required street drainage improvements. C. Improvements to Existing Off-Site Streets167 Fewer than 100 Daily Vehicle Trips Developments generating fewer than 100 vehicles per day are not required to make pavement improvements to off-site streets, but shall be required to participate in the cost of any proposed signal improvements at the nearest intersection in accordance with the Transportation Design Criteria Manual if signalization in the future is expected. Between 100 and 1,000 Daily Vehicle Trips and Less than 100 Trips per Hour a. Developments expected to generate at least 100 but less than 1,000 vehicle trips per day and less than 100 vehicle trips per hour at full development shall improve or repair connecting off-site streets as necessary to provide a safe and adequate paved surface for the amount and type of traffic generated by the development. b. The off-site street improvements or repairs need not meet the specifications for new streets, but shall be made to a standard determined to be necessary by the City Engineer to provide for the safe movement of vehicular traffic generated by the development, pursuant to a distress rating performed by the City Engineer in accordance with the Transportation Design Criteria Manual. c. Off-site street improvements shall not be required to extend beyond the nearest existing intersecting arterial or collector street indicated on the roadway component of the Mobility Plan. d. Such developments accessing an arterial street shall provide right turn lanes into each entrance and left turn lanes into each entrance that left turns are possible. Such developments shall be required to participate in the cost of any proposed signal improvements at nearby intersections determined by the City Engineer in accordance with the Transportation Design Criteria Manual if signalization in the future is expected. 16' previously 35.20.2.M. Denton, Texas - Denton Development Code 73 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8.9Transportation Impact Analysis (TIA) More than 1,000 Daily Vehicle Trips and More than 100 Trips per Hour a. Developments generating 1,000 or more vehicle trips per day or 100 or more vehicle trips per hour shall provide offsite street improvements as determined by the City Engineer in accordance with an approved Transportation Impact Analysis. b. Offsite improvements may include but are not limited to installation of turn lanes, pavement widening, pavement reconstruction, signal construction, installation of pavement markings, signage or equitable participation in the cost of any of the listed types of improvements. c. Such improvements shall be required to the extent that the effects of the increased traffic the development generates will not reduce level of service of surrounding streets rather than allowing absorption of existing street capacity on a first come first serve basis. D. Payment in Lieu of Improvements 1. Where any development would be required by this Code to improve an existing unimproved street to less than its full width and the City's approved Capital Improvement Plan proposes improvement of the existing perimeter street to City specifications within three years of the date the required improvements are to be undertaken, the development may elect, in lieu of making the required perimeter street improvements, to pay to the City prior to filing the plat, the total construction cost, excluding engineering and design cost, of the required street improvements. 2. The amount to be paid shall be determined by the City Engineer, based on the actual cost of providing for the improvements, as shown in the most recent public bids for the same or similar type street improvements. 3. If the money paid to the City is not used for the required improvements within five years of payment, the funds shall be returned to the person making the payment. 4. In the event that the plat is not filed until after the City has entered a contract with a contractor to construct the subject street improvements, the payment by the development is no longer required. �� "'lll"iir�i��i��iii�iir� Illiirmm�� i��lll��iii� �"'lll"III �� A TIA shall be required for any proposed site development in accordance with the Transportation Design Criteria Manual. �� I�i�iii�� y� �i��' ��m�� A. Applicability10 No person shall construct, reconstruct, replace, relocate, alter, enlarge, improve or perform any work on or make use of any driveway for any property within the City, except in accordance with the requirements of this section and in accordance with the Transportation Design Criteria Manual. lbs Replaces current 35.13.3B. We did not carry forward the language related to TIA in the Expansion Applicability Table in current 35.13.3. The 1,000 daily trips or 100 hourly trips captures any potential expansions listed. 169 DISCUSSION ITEM: Consider incorporating standards addressing when driveways encroach into ESAs. 1'o previously 35.20.4.B. Denton, Texas - Denton Development Code 74 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8.10 Driveways and Access B. Compliance with Specifications"' 1. All driveway improvements shall comply with the design specifications, as contained in the Transportation Design Criteria Manual. 2. All driveway improvements shall be constructed in accordance with Division II, Materials, and Division III, Methods, of the City's Standard Drawings and Specifications for Public Works Construction, North Central Texas Council of Governments (NCTCOG Standard Specifications), as amended by the City. Where any provision of this Code conflicts with a provision or requirement of the NCTCOG Standard Specifications, the provisions of this Code shall control. 3. All driveways shall be designed, installed, located and constructed in accordance with the approved specifications, plans, conditions and requirements of the permit issued for the property and the requirements of this section. 4. No Certificate of Occupancy shall be issued for any building on any property for which a permit is required, until the construction, improvements, alterations or other work covered by the permit is completed in accordance with the permit issued, the requirements of this section or the provisions of any other applicable ordinance. 5. Where no building permit was required in connection with the requested permit, no driveway on the property for which the permit was issued shall be used until and unless the work is completed in accordance with the permit and this Code. C. General5tandards"� 1. Every lot shall have sufficient access providing reasonable means of ingress and egress for emergency vehicles and for those needing access to the property for its intended use. 2. All driveway entrances and other openings onto streets shall be constructed so that: a. Vehicles may safely enter and exit the property; b. Interference with the free and convenient flow of traffic in abutting or surrounding streets is minimized; and c. Shared driveways are provided to the maximum extent feasible to minimize the number of access points to streets. 3. Unobstructed, direct, and convenient access for vehicles to and from a public street shall be provided for all off-street parking spaces. Access from any parking area to a public street shall be designed to allow vehicles to enter and exit in forward drive. 4. Driveways shall align with existing driveways and "T" intersections on the opposite side of the street, or shall be offset in accordance with the Transportation Design Criteria Manual.l'3 5. Driveway approaches shall be paved with concrete surfacing constructed in accordance to City Standard Drawings and Specifications. 1'1 Previously 35.20.4.J. and 35.20.4.B. 1'Z New standards to replace current 35.13.10.A(1)(a). 1'3 previously 35.20.4D(5) and 35.20.4F(4). Denton, Texas - Denton Development Code 75 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8.10 Driveways and Access D. Vehicle Maneuvering14 1. Except for single-family detached or duplex uses, groups of more than five parking spaces per lot shall be provided with adequate aisles or turn-around areas so that all vehicles may enter the street in a forward manner. 2. Except for single-family detached or duplex uses, more than five parking spaces shall be served by a driveway design and constructed to facilitate the flow of traffic on or off the site, with due regard to pedestrian and vehicle safety, and shall be clearly and permanently marked and defined. 3. In no case shall two-way and one-way driveways be less than 20 feet and 12 feet respectively.l's 4. Parking lots exceeding 100 spaces shall be designed with a clear hierarchy of circulation. The hierarchy shall consist of: l'6 a. Major entry driveways without parking spaces; then b. Major circulation drives with little or no parking; then c. Parking aisles for direct access to parking spaces. Insert graphic depicting the circulation hierarchy E. Minimum Driveway Clearances to Street Corners"' Driveways located near intersections shall maintain the corner clearances as indicated in the Transportation Design Criteria Manual. F. Separation of Driveways"$ Driveways shall be separated in accordance the Transportation Design Criteria Manual. G. Driveway Widths and Grades19 Driveway widths and grades shall be designed in accordance with the Transportation Design Criteria Manual. H. Visibility at Driveway Intersections'so 1. On all lots or parcels of land on which a front setback is required, no obstruction that will obscure the view of motor vehicle drivers shall be placed within the triangular area formed by joining points measured 10 feet back along a driveway or alley and lot line from the point of intersection of the driveway or alley and lot line. AASHTO standards may alternatively be applied. 2. When the angle of intersection between the street and driveway is less than 30 degrees, the distance shall be 25 feet. 17 Previously 35.14.8.B(2) and (3). 1's Replaces 35.20.4.H. DISCUSSION ITEM: We recommend moving the standards in 35.20.4.H to 3.1.2 of the TDCM to avoid duplication and/or inconsistencies. 176 Previously 35.13.133C(3)(a)(ii)(3). 17 Previously 35.20.4.H. 178 Replaces 35.20.4.G. DISCUSSION ITEM: We recommend moving the standards in 35.20.4.G to 3.1.2 of the TDCM to avoid duplication and/or inconsistencies. 179 Previously 35.20.4.I. iso previously 35.14.8.C. Reworded for clarity and grammar. Denton, Texas - Denton Development Code 76 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8.10 Driveways and Access 3. Within the area of the triangle there shall be no sight-obscuring or partly obscuring wall, fence, sign, or foliage higher than 24 inches above curb grade or, in the case of trees, foliage lower than seven feet.lal 4. Vertical measurement shall be made from the top of the curb on the street adjacent to the nearest street of the triangle or, if no curb exists, from the edge of the nearest traveled way. iaz 5. No variance shall be granted for vision clearance standards. I. Access to Collector Streets1S3 Access to collector streets for commercial, office, or industrial development is required and shall be designed and constructed in accordance with the standards provided in the Transportation Design Criteria Manual. 1. Driveway access to single-family detached or duplex dwelling units is not permitted.l�`` 2. Single-family and duplex lots developed prior to [insert effective date here] with exclusive frontage on a collector street and no alley may be developed with a circular drive. Such driveways shall be designed and constructed in accordance with the standards for circular drives provided in the Transportation Design Criteria Manual. J. Access to Arterial Streets'ss Access to an arterial street shall not be permitted unless there is no other reasonable means of providing safe access to the property. 1. No development shall be allowed access to an arterial street if property excluded from the development could have been used to provide reasonable access to a lesser classified street or if the property has been previously subdivided in violation of state law or Denton City Code if access could have been provided to a lesser street except for such unapproved subdivision of the property. 2. Existing commercial or industrial lots created prior to [insert effective date here] by legal subdivision procedures with exclusive frontage on an arterial street may take access to the arterial in accordance with the access standards in the Transportation Design Criteria Manual. 3. Existing single-family detached and duplex lots created prior to [insert effective date here] by legal subdivision procedures with exclusive frontage on an arterial street may be developed with a circular drive. Such driveway shall be designed and constructed in accordance with standards for circular drives provided in the Transportation Design Criteria Manual. 4. When driveway access to an arterial street is the only reasonable means of providing safe and adequate access to the property as determined by the City Engineer, the driveway design, number of driveways, location and construction shall be in accordance with the Transportation Design Criteria Manual. lsl New standard allowing trees within the vision clearance area so long as their foliage is not lower than six feet. isz New. ls3 Previously 35.20.4.F. ls' previously 35.20.4.F(2). Reworded to be consistent with proposed 6.8.6.D(1)(a). iss previously 35.20.4.D. Denton, Texas - Denton Development Code 77 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8.11 Cross-Access between Abutting Development K. Access to Freeways1S6 1. Access to freeways shall only be provided at interchanges. 2. Access to frontage roads may be provided in accordance with the standards for access to arterial streets in the Transportation Design Criteria Manual. L. Temporary Driveways for Agricultural Purposes'$' A driveway that does not meet the minimum requirements of this Code may be permitted for undeveloped property used for agricultural purposes under the following conditions. 1. No building or parking lot permit is being applied for; 2. The driveway will be located a minimum of 50 feet from adjacent intersections; 3. The driveway will not be paved; 4. The driveway will be a minimum of 15 feet wide, but no more than 24 feet wide; 5. All drainage structures associated with the driveway will be sized to carry a 100 year storm; and 6. If applicable, the driveway meets Texas Department of Transportation Design Criteria. M. Residential A driveway for a single dwelling shall have a minimum width of 12 feet, and a shared driveway serving two units shall have a width of 24 feet.l$$ N. Closing Driveways1S9 1. Where the closing or relocating of one or more existing driveways or portions thereof is necessary to comply with this Code or a curb cut permit issued, access shall be closed by the removal of the existing driveway approach and the installation of curb and gutter along the gutter line of the street, all in accordance with City specifications. 2. If there is no existing curb and gutter on the street, the driveway shall be closed in the manner specified by the City Engineer. �� i�°�� I��ii� �I��w��iiii�� I��ar�lll��ii��ii��m�� A. All non-residential development shall be designed to allow for cross-access to adjacent properties to encourage shared parking and shared access points on public or private streets. This may be established by one or more of the following: 1. Connecting streets and drives; 2. Coordinating parking structure and parking lot entrances; 3. Common service/delivery areas; 4. Legally shared parking structures and parking lots; 5. Linkages between parking lots and parking structures; or lsb previously 35.20.4.E. 187 Previously 35.20.4.K. 188 Previously 35.14.8.B. Updated driveway width from nine feet for a single drive and 12 feet for a two-unit drive. 189 Previously 35.20.4.C. l90 Replaces current 35.13.10.B(1)(b). Denton, Texas - Denton Development Code 78 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8.12 Pedestrian and Bicycle Circulation 6. Providing shared driveways for two adjacent lots from public rights-of-way to minimize curb cuts. B. When cross-access is deemed impractical by the Director and/or City Engineer on the basis of topography, the presence of natural features, or vehicular or pedestrian safety factors, this requirement may be waived provided that appropriate bicycle and pedestrian connections are provided between adjacent developments or land uses. C. Cross-access and maintenance agreements associated with such interconnections shall be provided, if necessary, with the associated subdivision or development application.l91 �m m� 2 I��'��i�°iii�i�m �i�m� I�iii��lll� �iiiiir�u�lll��iii�ii�n�� A. Applicability193 All developments shall provide for the pedestrian and bicycle facilities necessary to serve pedestrian/bicycle traffic to, from, or across the development in accordance with the Transportation Design Criteria Manual and the Bicycle/Pedestrian component of the Mobility Plan. B. Exemptions194 Pedestrian and bicycle improvements required by this subsection 6.8.12 shall not apply to the following: 1. Except for Planned Developments, along streets fronted by a subdivision in the RC zoning district provided that: All lots are platted and have a minimum lot area of five195 acres; and The lots do not have access from a street that serves more than 200 total vehicle trips per day. 2. For a replat of property zoned for single-family detached residential use if the preceding plat covering the same property did not require sidewalks or bicycle facilities and a zoning change to a district other than single-family detached residential use is not anticipated. 3. The development is not required to make perimeter street improvements in accordance with subsection 6.8.8. 4. Improvements that result in an increase in the floor area of the existing building or buildings by less than 10 percent; 5. Improvements will not require the construction of additional parking spaces as required in Subsection 6.9.2, App(icabi(ity. 191 Did not carry forward 35.20.3.D allowing a payment-in-lieu of bicycle and/or pedestrian facilities. DISCUSSION ITEM: Consider whether cross-access and maintenance agreements should be mandatory. l9Z Previously 35.203. 193 From current 35.203. 194 Replaces current 35.20.2.B and 35.20.3B(4). Did not carry forward reference to Master Planned Communities. Replaced reference to "estate-lot residential" with "rural conservation zoning district." l9s Current minimum lot area is one acre. Denton, Texas - Denton Development Code 79 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8.12 Pedestrian and Bicycle Circulation C. Types of Facilities 1. Sidewalk a. Intended for the use of pedestrian traffic only and located outside of the street pavement. b. Sidewalks are required along residential, collector, and arterial streets.196 c. Required geometry, locations and materials shall be in accordance with the Transportation Design Criteria Manual. 2. On-Road Bicycle Path a. Intended for the use of bicycle traffic only and required within the street pavement on arterial streets and where shown in accordance with the Bicycle/Pedestrian Component of the Mobility Plan. b. Required geometry, location and materials shall be in accordance with the Transportation Design Criteria Manual. 3. Off-Road Combination Pedestrian and Bicycle Path a. Intended for the use of bicycle and pedestrian traffic, located outside of the street pavement. b. These facilities are required along residential, collector, arterial, and freeways and where shown in accordance with the Bicycle/Pedestrian Component of the Mobility Plan. c. Required geometry, location and materials shall be in accordance with the Transportation Design Criteria Manual. D. Required On-Site Pedestrian Connections197 All development shall provide an on-site system of pedestrian walkways with a minimum width of five feet designed to provide direct access and connections to and between the following: 1. The primary entrance or entrances to each building, including pad site buildings; 2. Any sidewalks, walkways, or multi-use paths on adjacent properties that extend to the boundaries shared with the development. Interconnected walkways should be designed with similar and/or complementary details, colors, finishes, etc.; 3. Any parking areas intended to serve the development; 4. Any sidewalk system along the perimeter streets adjacent to the development; 5. Any public transit station areas, transit stops, park and ride facilities, or other transit facilities on-site or along an adjacent street. 6. Any adjacent residential neighborhoods (planned or existing); and 7. Any adjacent or on-site public park, trail system, open space, greenway, or other public or civic use or amenity. 196 Removed neighborhood street, added arterial street. 197 New. Denton, Texas - Denton Development Code 80 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8.12 Pedestrian and Bicycle Circulation E. On-Site Pedestrian Walkway Standards19S Required on-site pedestrian walkways shall: 1. Be a minimum of five feet in width; 2. Be distinguishable from areas used by vehicles using one or more of the following techniques: a. Changing paving material, patterns, and/or paving color, but not including the painting of the paving material; b. Changing paving height; c. Decorative bollards; d. Raised median walkways with landscaped buffers; 3. Have adequate lighting for security and safety; 4. Be conveniently and centrally located on the subject property; 5. Be ADA accessible; and 6. Not include barriers that limit pedestrian access between the subject property and adjacent properties. F. Pedestrian Access through Parking Areas199 1. All parking lots that contain more than 100 parking spaces shall include pedestrian walkways through the parking lot to the primary building entrance or a sidewalk providing access to the primary building entrance. At a minimum, walkways shall be provided for every three driving aisles or at a distance of not more than 150 foot intervals, whichever is less. 2. Parking lots with 100 spaces or more shall be divided into separate areas and divided by landscaped areas or walkways at least 10 feet in width, or by a building or group of buildings.2oo G. Pedestrian Access through Parking Garages Pedestrian walkways shall be provided through parking garages from the parking area to the abutting public right-of-way and/or to the primary entrance of the building served. Pedestrian walkways shall not use vehicle entrance or exit driveways from the parking area to a public right- of-way. H. Crosswalks201 1. Crosswalks shall be identified in consultation with the City Traffic Engineer to meet the specific need and functionality of pedestrian movement at a particular location. 2. The type and size of the crosswalk shall be determined based on federal and state guidelines described in the Manual on Uniform Traffic Control Devices (MUTCD). 198 Replaces current 35.13.10.B(2) and 35.13.10.B(1)(c). We did not carry forward 5-foot sidewalk width requirement for large scale development, since those standards were not carried forward from 35.13.13. 199 Replaces current 35.13.10.B(1)(c). zoo previously 35.13.10.B(1)(c). zoi Replaces 35.20.3.E. Denton, Texas - Denton Development Code 81 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8.12 Pedestrian and Bicycle Circulation I. Pedestrian Transportation Impact Analysis202 For developments proposed within one-half mile of a public elementary, secondary school, or a University, a pedestrian TIA will be required in accordance with the Transportation Design Criteria Manual to determine the appropriate size and location of sidewalks and bicycle facilities to serve those uses. J. Required Bicycle Access2o3 1. All new development, except individual lot development of single-family detached, duplex, or townhome dwellings, shall be served by an internal bicycle circulation system (including shared roadway lanes, widened outside roadway lanes, bike lanes, shoulders, and/or separate bike paths) that permits safe, convenient, efficient, and orderly movement of bicyclists among the following origin and destination points within the development: a. Bicycle parking facilities or areas near the primary entrance(s) of principal buildings (or the buildable area of lots, for subdivisions), as well as any adjacent transit station areas, transit stops and shelters, public parks, greenways, schools, universities, community centers, and shopping areas; Any designated or planned bus stops and shelters; and c. Recreation facilities and other common use area and amenities. 2. The development's internal bicycle circulation system shall not conflict with the safe, convenient, efficient, and orderly movement of vehicles between the development's internal origin and destination points and adjacent parts of an existing or planned external, community-wide bicycle circulation system, as well as any adjacent transit stations, bus stops and shelters, public parks, trails, greenways, schools, community centers, and shopping areas. 3. Sidewalks shall not be used to satisfy the bicycle circulation requirement. K. Bike Lanes Required 1. All new development except individual lot development of a single-family detached, duplex, and townhome dwellings (including subdivisions for such dwellings) shall provide bike lanes within the development site and along the frontage of the development site with an existing street where bikes lanes are called for by the comprehensive plan or other City- adopted plans addressing transportation (unless an existing bike lane meeting City standards is already in place). The Director and/or the City Engineer may allow alternatives to this requirement where compliance is impractical. 2. Required bike lanes shall be provided within the right-of-way of the street unless the City Engineer determines that location within the right-of-way is not practicable or preferable— in which case, alternatives may be allowed by the Director and/or the City Engineer. Z°Z From current 35.203. zoa New. DISCUSSION ITEM: The current DDC only recommends bicycle facilities be incorporated into project design. We propose adding more aggressive standards to promote pedestrian-friendly design. Consider adding a graphic to illustrate this standard. Denton, Texas - Denton Development Code 82 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8.13 Public Transit Standards L. Use and Maintenance of Pedestrian Connectionsz°4 1. Restrictions on Use Sidewalks, walkways, and trails are intended to provide pedestrian access. Vehicle parking, garbage containers, merchandise storage or display, utility boxes and poles, signs, trees, and other obstructions shall not encroach into the required minimum clear width of any required sidewalk, trail, walkway, or other pedestrian way. Pedestrian amenities including bollards and trash receptacles for pedestrians are exempt from this requirement. Maintenance Sidewalks, trails, and walkways required by this title shall be maintained in usable condition throughout the year. �� I��ul�llliii� "'lll"iir�i��iir� ��i��'�i��'�� A. Applicability All developments shall provide for the transit facilities necessary to serve pedestrian/bicycle traffic to, from, or across the development in accordance with the Transportation Design Criteria Manual and the Bicycle/Pedestrian component of the Mobility Plan. B. Types of Facilities Major Bus Stops An area along a street or inside a development designed to allow busses or vans to stop to load or unload passengers. A major bus stop includes a paved loading area, signage and a shelter with seating and may include additional street pavement to provide a pull out. Geometric and material requirements shall be as described in the Transportation Design Criteria Manual. 2. Minor Bus Stops An area along a street or inside a development designed to allow busses or vans to stop to load or unload passengers. A minor bus stop includes a paved loading area, signage and seating and may include additional street pavement to provide a pull out. Geometric and material requirements shall be as described in the Transportation Design Criteria Manual. 3. Park and Ride A facility designed to provide parking and transfer from one mode of transportation to another. b. These facilities are to be located in the MR and MD zoning district as shown on the Official Zoning Map of City, as amended. c. Proposed general locations for these facilities are shown on the Transit Component of the Mobility Plan. zoa New. zos previously 35.20.5. DISCUSSION ITEM: Consider moving this content to the Transportation Criteria Manual. Denton, Texas - Denton Development Code 83 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �� irn� �6ir�m�ll��ii�im 6.8.13 Public Transit Standards These facilities shall include sufficient parking for motorized vehicles and bicycles, shelter, seating, restroom facilities, and an information area. C. Location of Bus Stops 1. Major bus stops shall be provided on arterials or collector streets at intersections of arterial streets, or arterial and collector streets but no closer than one-half mile apart. 2. Minor bus stops shall be provided on arterials and collector streets at the intersections of collectors and intersections, which include a local street if there is not an arterial or collector intersection existing or proposed within a one-half mile distance along the street. 3. Bus stops shall be located on the approaching side of the intersection. 4. The City Engineer will determine which and how many quadrants of an intersection a bus stop will be required. D. PullOuts Pull out lanes will be required in conjunction with any bus stops along any street where the posted speed limit is more than 40 miles per hour. E. Payment in Lieu of Improvements Where a development would be required by this Code to provide a bus stop or stops, and the proposed development is not on an existing bus route, the developer may in lieu of providing signage, shelter and seating provide cash payment equal to the cost of such items to the City for future construction of the facility. In these instances, the developer shall still provide the additional street pavement for a pull out if required, a concrete loading area, and a concrete pad adjacent to the sidewalk for a future shelter or seating in accordance with the Transportation Design Criteria Manual. F. Participation Funding for Park and Rides�ob Developments generating 1,000 vehicle trips per day or more that are located within or adjacent to MR or MD zoning district may participate in the funding of the proposed park and ride for that district as shown on the Transit Component of the Mobility Plan in lieu of providing a portion of the required offsite traffic improvements identified by a review of the Transportation Impact Analysis (TIA). Participation shall be provided by a cash payment to the City to be used for future construction of the facility. The developer, at the discretion of the City Engineer, may donate a portion up to one-half of the monetary value of the required offsite improvements for park and ride facilities. If located appropriately, the City instead of cash participation may accept donation of land for the facility. The remainder of the required offsite traffic improvements will be provided in accordance with the recommendations based on the TIA review. In the event that the park and ride facility is already constructed, this provision will not apply to developments in or adjacent to that district. G. Development Adjacent to Park and Ride All developments adjacent to an identified park and ride facility are required to provide vehicular, pedestrian and bicycle linkages to the park and ride facility from the development. zo6 Updated from "regional mixed use center or the downtown university core districY' to the MR and MD zoning districts. Denton, Texas - Denton Development Code 84 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.9.1 Purpose Commentary: This section replaces Subchapter 14 and consolidates off-street parking and loading standards from other areas of the DDC. This draft includes a table of required parking spaces that corresponds to the table of allowed uses presented in Module 1(ensuring that each proposed land use type has an associated ofF-street parking requirement). The current parking requirement for each use is listed (if one exists) in the second column for comparison against the new proposed requirement. Some existing parking requirements include a broad range of land use types (e.g. "business, general retail, personal services"). In these cases, we used ourjudgment to assign a current parking standard to the proposed land use type most closely related to it. Proposed changes are indicated with footnotes. Denton's current parking standards are unusual compared to many cities in that Denton requires developers to provide the exact number of parking spaces required — no more, no less. To increase flexibility, this draft includes a new maximum parking standard of 125 percent of the minimum parking required. In the parking table we propose new minimum parking standards for consideration. For now, we left the current standards in that table for comparison purposes. The current standards column would be removed prior to adoption. Several other new and revised sections are included in this section, including parking alternatives, bicycle parking, off- street parking design, and loading and stacking areas. �m�m� I�u�l�°��za�, This section is intended to provide off-street parking and loading facilities in proportion to the generalized parking, loading, and transportation demands of different land uses. This section is also intended to help protect the public health, safety, and general welfare by: A. Avoiding and mitigating traffic congestion; B. Providing necessary access for service and emergency vehicles; C. Providing for safe and convenient interaction between motor vehicles, bicycles, and pedestrians; D. Encouraging multi-modal transportation options and enhanced pedestrian safety; E. Providing flexible methods of responding to the transportation and access demands of various land uses in different areas of the city; F. Reducing stormwater runoff, reducing heat island effect from large expanses of pavement, improving water quality, and minimizing dust pollution; and G. Avoiding and mitigating the adverse visual impact of large concentrations of exposed parking. �� I�I�Illiii��l�iiillliii A. General Applicability Unless otherwise exempted in paragraph 6.9.2B below, or elsewhere in this Code, the standards in this Section 6.8.13 shall apply to the following: New Development20S A new primary structure is constructed; or 207 Replaces 35.14.1. 208 New introductory sentence. Replaces 35.14.2 and 35.14.3A, B, and C. Did not carry forward language in 35.14.2 regarding the applicanYs ability to seek out a variance if literal application of requirements fails to achieve the purpose and intent of the requirement or language in 35.143D requiring compliance with buffering and screening requirements. This will be addressed in a later section. Denton, Texas - Denton Development Code 85 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.9.2 Applicability An existing primary structure is relocated on the lot. Expansions and Enlargements2o9 All expansions or enlargements shall be considered together with any other expansions or enlargements during the previous two year period. a. The entire site shall comply with this Section 6.9 when: i. The number of multifamily dwelling units on a property is increased by 25 percent or more; or ii. Ten or more additional multifamily dwelling units are created within the MD zoning district; or210 iii. The square footage of a nonresidential building is expanded or enlarged by 50 percent or more; or iv. The addition or expansion of one or more structures or uses that requires specific use permit approva1.211 The portion of the site being expanded and/or improved shall comply with this Section 6.8.13 when: i. Except for within the MD zoning district, the number of dwelling units on a property is increased by 10 percent or 10 dwelling units, whichever is less; or ii. The square footage of a nonresidential building is expanded or enlarged by more than 10 percent; or212 iii. Parking area improvements or expansions including reconfiguring, reconstructing, or other similar projects, but not including resurfacing or restriping. Change of Use Off-street parking and loading shall be provided pursuant to this section for any change of use that increases the minimum number of required vehicle parking or loading spaces by more than 25 percent above those that currently exist on the site or on permitted off-site locations, except that changes of use in the MD Zoning District shall not be required to provide additional parking or loading for nonresidential 213 uses. Regardless of any partial or complete exemption from the requirement to provide additional parking for a change of use, the number of on-site parking spaces existing before the change of use shall not be reduced below the minimum required by this section. 209 Based largely on the current expansion applicability table in 35.13.3, with revisions as noted. zio Previously 35.14.3B; reworded for clarity and consistency. We replaced the phrase, "central business districY' with "MD zoning districY' to provide clarity to where this standard would apply. This standard also appears in the Expansion Applicability Table in current 35.13.3. zll New. ZlZ Taken from the Expansion Applicability Table in current 35.13.3. We recommend removing the 1,000 square foot threshold and carrying forward the 10 percent threshold (reduced from 25 percent). z13 New, based on 35.14.3.B. Denton, Texas - Denton Development Code 86 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.93 Calculations B. Exemptions from Minimum Parking Requirementsz'4 Minimum required off-street parking spaces indicated in Table 6.9-E: Minimum Required Off- Street Parking, shall not apply to the following: 1. Properties containing less than 5,000 square feet of lot area, except for single-family detached, duplex, and townhome dwelling uses.21s 2. Expansions or enlargements that increase the square footage of an existing structure or use by less than 25 percent of the gross floor area or 1,000 square feet, whichever is less, provided that the amount of existing off-street parking remains the same.216 3. Properties in the MD zoning district as identified on the Official Zoning Map of City, as amended.21' C. Location and Design The provisions of Section 6.8.13 shall apply to all surface and aboveground vehicle parking and maneuvering areas, bicycle parking, loading, and drive-through facilities, regardless of whether the project is subject to the requirements for additional parking or other facilities pursuant to paragraphs 6.9.2A.1 through 6.9.2A.3 above. �� Ill��lll��iii�i��.�� A. All square-footage based parking and loading requirements shall be computed on the basis of gross floor area of the subject use. Structured parking within a building shall not be counted in such computation. B. When measurements of the number of required spaces result in a fractional number, any fraction shall be rounded up to the next higher whole number. C. The following types of parking spaces shall not count towards the maximum parking requirement:219 1. On-street parking spaces provided pursuant to paragraph 6.9.5B; 2. Designated accessible parking; 3. Designated carpool parking; 4. Designated fleet vehicle parking; and 5. Structured parking, underground parking, and parking within, above, or beneath the building(s) it serves. zl' DISCUSSION ITEM: Exemptions may be expanded to single-family detached, townhome, and duplex uses located on infill lots and developments providing deed-restricted affordable housing. zis New standard to promote infill and redevelopment. This is a common lot size threshold, but staff may consider readjusting this figure after conducting GIS analysis. zlb New standards to allow flexibility for redeveloping properties. These thresholds should parallel those found in 6.9.2A3. zl' New. us New. Zl9 Standards 1 and 5 were taken from 35.14.4F and reworded for clarity and consistency. We added language clarifying on-street spaces need to be adjacent to the lot/lots where parking is located. Standards 2, 3 and 4 are new. Denton, Texas - Denton Development Code 87 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.9.4 Amount of Off-Street Parking Required �� immm��ui�� 4��-��iir�� Il��i�l�iiiiir�� I��,�uiiii��zz� A. Minimum Required Parking Each development or land use subject to this section pursuant to Subsection 6.9.2 shall provide at least the minimum number of off-street parking spaces required by Table 6.9-E: Minimum Required Off-Street Parking, unless otherwise provided in this DDC. B. Maximum Parking Allowed22' In no case shall any use or development provide more than 125 percent of the minimum number of off-street parking spaces required by Table 6.9-E: Minimum Required Off-Street Parking, unless otherwise provided in this DDC. C. Vehicle Staking Space Requirements�� All uses with drive-through facilities and those requiring stacking spaces shall comply with the minimum stacking space requirements in the Transportation Criteria Manual. D. Outdoor Sales, Display, Leasing, and Auction Areas All uses with outdoor sales, display, leasing, and/or auction facilities shall provide one parking space per 1,000 square feet of outdoor sales, display, leasing, or auction area in addition to the minimum parking requirement prescribed in Table 6.9-E: Minimum Required Off-Street Parking. ZZ° Replaces 35.14.4. zu New. ZZZ The minimum number of stacking/queue spaces required for drive-through uses is currently found in the TDCM (page 38). To prevent users from having to reference several documents this information is usually included in the zoning ordinance. The list of land use types in Table 4-2 of the TDCM need to be updated to reflect the new list of use types. Requires further discussion with staff. ZZ3 Current standards taken from 35.14.4. The current parking standards column will be removed for the final adoption draft, it is only included here for your reference to compare proposed changes. ZZ' DISCUSSION ITEM: This increased minimum parking requirement was presented to the City Council by city staff in early 2018. We are considering alternative requirements with staff to reflect the new DDC as a whole. Denton, Texas - Denton Development Code 88 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.9.4 Amount of Off-Street Parking Required n e •° � o �� m e , Minimum Parking Requirement Minimum Parking Requirement Use Type ZZ3 (Proposed) (Current) Efficiency/studio units that are larger than 500 square feet but not greater than 600 square feet: 1.25 space/unit 1 space per bedroom 1 bedroom units regardless of Multifamily Dwelling225 square footage, and Guest Parking: 10% of total required efficiency/studio units that exceed 600 square feet: 1.5 spaces/unit. 2 bedroom units: 1J5 spaces/unit. 3 bedroom: 2 spaces/unit. 4 bedrooms or more: 1 space/bedroom. 2 spaces per dwelling unit; the spaces cannot be tandem parking spaces. 35.9.6.2D Manufactured Homes: Off-street parking for at least 2 vehicles per stand shall be concrete, and all other parking areas shall be constructed of all-weather materials and located to eliminate interference with access to parking areas provided for other mobile Single-Family Detached Dwelling226 4 spaces per DU�� homes, recreational vehicles and for public parking within the park. 35.9.6.2E Manufactured Homes: Minimum parking area forvehicle storage. A minimum parking area of 160 square feet per manufactured home space shall be provided for storage of boats or vehicles in excess of 2 per manufactured home unit to minimize on-street parking and to facilitate the movement of emergency vehicles into and through the park. z28 2 spaces per dwelling unit; the Townhome 2 spaces per DU spaces cannot be tandem parking ZZS Previously 35.14.4A(2), "mixed density dwellings or manufactured housing." ZZ6 Previously 35.14.4A(1), "single family dwellings" and 35.14.4A(5) "manufactured housing developments." ZZ' DISCUSSION ITEM: This increased minimum parking requirement was presented to the City Council by city staff in early 2018. We are considering alternative requirements with staff to reflect the new DDC as a whole. ZZ$ Previously 35.14.4A(1), "single family dwellings." 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G . ,i/��iiiiiiiiiiiiiiiiiii,,,, ,i/��iiiiiiiiiiiiiiiiiiiiiiiiiiiiii,,,, ,i/��iiiiiiiiiiiiiiiiiiiiiiiiiiiiii. �i�, , , ; �� ,. e .. // . , [,,,, ��//. . , [[[[€€€, ��//. . , / ,,,iii/iiiiiiiiiiiiiiiiiiiiii�,,,,, „i i/iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii�,,,,, „iii/iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii� �„ � ,, ,. „�//iiiiiiiiiiiiiiiiiiiiiiiii,,,,,,,, „�////iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii,,,,,,,, „�//iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii, , /, , /, �,i��iiiiiiiiiiiiiiiiiiiiiiiiiii,;, €€, /� .,,i/��iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii,;, €€, /� .,,i/��iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii. €- ; „ ��iiiiiiiiiiiiiiiiiiiiiiiiiiiii�,,,,;,[ , „iii/iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii�,,,,;,[ , ,,iii/iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii� i �iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii //iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii //iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii, �'�J"/�i��/��SJ?`,�'l�iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ,, � c/�/�iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ,, � c/�/�iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii , � � � .� •. •' III • • I III • . - • • • . • . • •. - •- III • . • • • I III • . - • • • . • . . • •- • • • • •��- •. - •- II • � • � • •- • ••� �. - ' • • • •. - •- II • � •. - •- • • - ZZ9 Previously 35.14.4A(3), "fraternity or sorority houses, boarding houses, and dormitories." z3o Previously 35.14.4A(3), "fraternity or sorority houses, boarding houses, and dormitories." z31 Previously 35.14.4B(1), "auto, boat or trailer sales, retail nurseries and other open-space uses." Z3Z Previously 35.14.4D(1), "day care facilities having 13 or more children/adults." ITE recommends a ratio of 1 space per 285 square feet, we have rounded this to 1 space per 300 square feet. Denton, Texas - Denton Development Code 90 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.9.4 Amount of Off-Street Parking Required n e •° � o �� m e , Minimum Parking Requirement Minimum Parking Requirement Use Type ZZ3 (Proposed) (Current) minimum of 2 spaces is required. Funeral and Internment Facility233 1 space per 250 sq ft GFA 1 space per 4 fixed seats in the main cha el. 1 space per 1,000 square feet of the first 10,000 square feet of gross land Park, Playground, Open Space234 Director determination, see 6.9.4E area; plus 1 space per 5,000 square feet for the excess over 10,000 square feet of gross land area; and 1 er 2 em lo ees (chapels and mortuaries) 1 space zss per 4 fixed seats in the main chapel. Religious Assembly 1 space per 250 sq ft GFA (churches) 1 s ace er 4 seats. EDUCATIONAL FACILITIES Business or Trade School236 1 space per 300 sq ft GFA 1.5 spaces per classroom, plus 1 1 space per 500 sq ft office, space per 5 students the school is 23� research, and library area; plus 1 designed to accommodate, plus College or University requirements for on-campus space per 250 sq ft assembly areas and classrooms student housing. (elementary and junior high): 1.5 spaces per classroom, or the requirements for public assembly Elementary or Middle: 1 space per areas as set forth herein, whichever 20 students design capacity is greater. Public or Private School238 (high schools): 1.5 spaces per High school: 1 space per 8 students design capacity classroom, plus 1 space per 10 students the school is designed to accommodate, or the requirements for public assembly as set forth herein, whichever is reater. HEALTHCARE FACILITIES 239 1 space per 3 patient beds design Hospital 2 spaces per patient bed. ca aci z33 Previously 35.14.4B(4), "chapels and mortuaries" and z3' Previously 35.14.4B(1), "auto, boat or trailer sales, retail nurseries and other open-space uses." zas Previously 35.14.4B(4), "chapels and mortuaries" and 35.14.4D(2), "churches." z36 Previously 35.14.4D(9), "colleges, universities and trade schools." Z3' Previously 35.14.4D(9), "colleges, universities and trade schools." Z3$ Previously 35.14.4D(7), "schools, elementary andjunior high" and 35.14.4D(8), "high schools." Z39 Previously 35.14.4D(4), "hospitals." Denton, Texas - Denton Development Code 91 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.9.4 Amount of Off-Street Parking Required n e •° � o �� m e , Minimum Parking Requirement Minimum Parking Requirement Use Type ZZ3 (Proposed) (Current) Medical or Dental Clinic240 1 space per 250 sq ft GFA (medical and dental): 1 space per 200 s uare feet of ross floor area. . AGRICULTURAL AND ANIMAL USES General Agriculture None Commercial Stable 1 space per 10 animals boarding ca aci Community Garden None Feedlot, Slaughterhouse, or Packa in Plant 1 space per 1,000 sq ft GFA Kennel Urban Farm None Veterinary Clinic 1 space per 500 sq ft GFA RECREATION AND ENTERTAINMENT Amenity Center 1 spaces per 300 sq ft GFA Bowling or similar uses: 2 spaces per lane (bowling): 3 spaces per alley, plus additional spaces for auxiliary Skating Rink or similar uses: 1 space activities set forth in this section. per 1,000 sq ft GFA Indoor Recreation Facility241 (skating rink) 1 space per 350 sq. ft. Theaters, Auditoriums, Stadiums, of gross building area. Gymnasiums, or similar uses: 1 space per 4 seats in assembly areas (theaters, auditoriums, stadiums, gymnasiums and similar uses): Other Uses: 1 space per 1,000 sq ft 1 space per 4 seats. G FA Theaters, Auditoriums, Stadiums, (theaters, auditoriums, stadiums, Gymnasiums, or similar uses: 1 gymnasiums and similar uses): Outdoor Recreation Facility24� space per 4 seats in assembly areas 1 space per 4 seats. Golf Course: 8 spaces per hole (golf courses, except miniature) 8 zao Previously 35.14.4.B(5), 'bffices." ITE recommends an average parking demand of 1 space per 222 square feet. z'1 Previously 35.14.4B(2), "bowling alleys" and 35.14.4B(7), "skating rinks" and 35.14.4B(8), "theaters, auditoriums, stadiums, gymnasiums and similar uses." Z'Z Previously 35.14.4B(1), "auto, boat or trailer sales, retail nurseries and other open-space uses" and 35.14.4D(3), "golf courses, except miniature." Denton, Texas - Denton Development Code 92 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.9.4 Amount of Off-Street Parking Required n e •° � o �� m e , Minimum Parking Requirement Minimum Parking Requirement Use Type ZZ3 (Proposed) (Current) spaces per hole, plus additional Miniature Golf Course: 4 spaces per spaces for auxiliary uses set forth in hole this section. Other Uses: 1 space per 250 sq ft (miniature golf courses) - 4 spaces building area; plus 1 space per per hole. 10,000 sq ft site area (Auto, boat or trailer sales, retail nurseries and other open-space uses ): 1 space per 1,000 square feet of the first 10,000 square feet of gross land area; plus 1 space per 5,000 square feet for the excess over 10,000 square feet of gross land area; and 1 er 2 em lo ees RV Park 1 space per designated camping or RV s ot FOOD AND BEVERAGE SERVICES 1 space per 4 seats or 1 space per Bar, Tavern, or Lounge243 100 sq. ft. of gross leasable floor area, whichever is less. A minimum of 3 s aces is re uired. Microbrewery, Distillery, or Winery Indoor Seating Area: 1 space per -- 200 sq ft; 1 space per 4 seats or 1 space per Z44 100 sq. ft. of gross leasable floor Restaurant Outdoor Seating Area: 1 space per area, whichever is less. A minimum 350 sq ft of 3 spaces is required. 1 space per 4 seats or 1 space per Restaurant, with Drive-Through Z45 100 sq. ft. of gross leasable floor area, whichever is less. A minimum of 3 s aces is re uired. OFFICE, BUSINESS, AND PROFESSIONAL SERVICES Administrative, Professional, and General - 1 space per 450 square Government Office246 feet of ross floor area Bank or Financial Institution 1 space per 450 sq ft GFA Payday Lending Facility z'3 Previously 35.14.4B(6), "restaurants, bars, ice cream parlors and similar uses." 24 Previously 35.14.4B(6), "restaurants, bars, ice cream parlors and similar uses." zas Previously 35.14.4B(6), "restaurants, bars, ice cream parlors and similar uses." z'6 Previously 35.14.4.B(5), 'bffices." Denton, Texas - Denton Development Code Module 3- Development Standards- Public Draft-April 2018 93 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.9.4 Amount of Off-Street Parking Required n e •° � o �� m e , Minimum Parking Requirement Minimum Parking Requirement Use Type ZZ3 (Proposed) (Current) Printing, Copying, and Publishing Establishment PERSONAL SERVICES Laundry Facility, Commercial 1 space per 1,000 sq ft GFA Laundry Facility, Self-Service247 General - 1 space for 300 square feet of ross floor area. Personal Service, General248 General - 1 space for 300 square 1 space per 300 sq ft GFA feet of gross floor area. Paranormal Consultation249 General - 1 space for 300 square feet of gross floor area. Tattoo and Body Piercing Parlor zso General - 1 space for 300 square feet of gross floor area. RETAIL SALESZsi Building Materials and Supply Store General - 1 space for 300 square General Retail Unless Otherwise feet of gross floor area. Specified, Less than 5,000 Square Feet Furniture and appliances - 1 space per 750 square feet of gross floor area. General - 1 space for 300 square General Retail Unless Otherwise feet of gross floor area. Specified, Between 5,000 Square 1 space per 350 sq ft GFA Furniture and appliances - 1 space Feet and 15,000 Square Feet per 750 square feet of gross floor area. General - 1 space for 300 square General Retail Unless Otherwise feet of gross floor area. Specified, More than 15,000 Square Feet Furniture and appliances - 1 space per 750 square feet of gross floor area. Smoke Shop General - 1 space for 300 square feet of gross floor area. Z" Previously 35.14.4B(3), "business, general retail, person services." Z'$ Previously 35.14.4B(3), "business, general retail, person services." 249 Previously 35.14.4B(3), "business, general retail, person services." zso Previously 35.14.4B(3), "business, general retail, person services." zsi Renamed from "construction materials sales." Denton, Texas - Denton Development Code 94 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.9.4 Amount of Off-Street Parking Required n e •° � o �� m e , Minimum Parking Requirement Minimum Parking Requirement Use Type ZZ3 (Proposed) (Current) LODGING FACILITIES Bed and Breakfast 1 space per bedroom; plus 1 space Boarding or Rooming House for the owner/operator 1 space for each bedroom. 1 space for each guest room, plus 1 space for the owner or manager. Any convention facilities, Hotel252 restaurants, and other facilities shall be computed for their individual parking demand, subject to the reduction for mixed uses contained in this Chapter. 1 space per guestroom 1 space for each guest room, plus 1 space for the owner or manager. Any convention facilities, Motel253 restaurants, and other facilities shall be computed for their individual parking demand, subject to the reduction for mixed uses contained in this Chapter. Short-Term Rental VEHICLES AND EQUIPMENT Auto Wash, Attended254 5 stacking spaces 1 space per detailing bay Auto Wash, Unattended255 3 stacking spaces Automotive Fuel Sales 1 space per 350 sq ft GFA Stacking: 30-feet from each end of the pump island Automotive Repair Shop, Major Automotive Repair Shop, Minor 1 space per 500 sq ft of indoor 1 space per 1,000 square feet of the sales/leasing/office area; plus 1 first 10,000 square feet of gross land Automotive Sales or Leasing zs6 space per service bay area; plus 1 space per 5,000 square feet for the excess over 10,000 square feet of gross land area; and 1 er 2 em lo ees ZSZ Previously 35.14.4(4), "hotels and motels." zs3 previously 35.14.4(4), "hotels and motels." zsa Previously in Transportation Criteria Manual, "carwash stall, automatic or full service." zss previously in Transportation Criteria Manual, "carwash stall, self-service." zs6 previously 35.14.4B(1), "auto, boat or trailer sales, retail nurseries and other open-space uses." Denton, Texas - Denton Development Code 95 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.9.4 Amount of Off-Street Parking Required �� v�� „ Tc��1�r��,,,�:"M��itif�f�l'� R+��j��i�dt�� i��P�i�� < ,, � � � ,,,, ,,,�� U� ��elliJ�g,�r�i#,.., „��l�t;,,�q�ar�f��#,,,,� C3��,,,grarr�sflc�ra��a,, ,,,,,,,,, i ,,,,,,,,� ,,,,,,,,,i ,,,,,,,,,i ,,,,,,,,�,,,,,� - .- . � -. - - . � -. - - • ... -. - � • • • •. - •- III • � • •• • • . • . • .�- •. - •- • . • •- - • -• • •�• •. - •- II • � • • • ' • •�• •. - •- III • • • . •. • - ,� . • -• •. •- I • � rr ,r, iii r,,,,,,,, rii , rii , rii , rii r i i iii ,,,,;;;,, €€::::, iii , iii , iii,,,,,, ii , , �ii::::: €€::::, iii , iii , iii,,,,,, ii , , �ii /// ,,,, ,,: � €€,,, , , , , iii/i�..... , , , , iii/i� /// i// i /// ,, /%/ , /%/ , /%/ , [,;, [,,, , ////iiii,,,,, ' , ////iiii, //� //� , //� „ „, [,,, //� , //� „, , , //;;;. / / �i//��... �i//�� „ //,/,,, // , „ ii/,,, ii/,,, �� „ ii/,,,, ii/ �� , , �ii „ iii/iiiiiiiii� „€[[ iii/iiiiiiiii� � i ��, //�,,, �� , //�,,, //,�,,,,[[[ � /��, /�i��, � „ ii/ „ „, , „ ii/,,, � //,/,,,,,, „ „ � � i/,/,,,, i% �� ,i//�� ,i//�� /, , �„ ii/ ,, �� , �, ii/,,,, �� , r,,,,, iii/iiiiiiiiiiiiiiiii�,,;; ,,,,iii/iiiiiiiiiiiiiiiii� �i „ //�,,,, //�,,,, ��,,,, � ", / [[,,;, [[,,,, ,,, /� :.. , , „iiiii ., , , �//iiiiiiiiiiiiiiiiiiii,,,,,,,, ., , , �//iiiiiiiiiiiiiiiiiiii, . �i „ ,. /iiii ....r // �/, �/, „ , .. / �//� /... ��a�� i i, / i / / , /, , ,,. �. . , , ��,,,,,, . , , i/��iiiiiiiiiiiiiiiiiiiiii,,,,, . , , i/��iiiiiiiiiiiiiiiiiiiiii. ,,; �;, i [,,;, ... //�,,,, //. [,,;, ... //�,,,, //. r/ , , , ,. ,,,�///i�,,, ,,,,iii/iiiiiiiiiiiiiiiiiiiiiiiii�,,; ,,,,iii/iiiiiiiiiiiiiiiiiiiiiiiii� ii/ ,,,,�u, � � > � [[[,,, r �// ��iii,,,,,,,€ „��/iiiiiiiiiiiiiiiiiiiiiiiiiiii,,,,,,,€ „��/iiiiiiiiiiiiiiiiiiiiiiiiiiii, i / /, / „iii/iiiiiii,,,,, �/��iiiiiiiiiiiiiiiiiiiiiiiiiiiiii,,,,, �/��iiiiiiiiiiiiiiiiiiiiiiiiiiiiii ,,,, , ; ; [,,,, � ��. . , [[[[€€€, � ��. . , „�///iiiiiiiii�,,;, „i i/iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii�,,;, „iii/iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii� ��iiiiiiiiii,,,,,,,, �,��//�iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii,,,,,,,, �,��/iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii, �� ,, i i [i,,, , , , ; ; � „ _ ;;;;;, /, „ ;;;;;, /, „ ,,,,, ... , , ��iiiiiiiiiiiiiii ,,,,,, /� . , , i /��iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ,,,,,, /� . , , i /��iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii. ,,,,� ; ////iiiiiiiiiiiiiiiii „��/iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii�,,,,, „��/iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii�. i i ,� - //iiiiiiiiiiiiiiiiiiii ...,//iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii �-//iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii, , i t��iii��i�i��yiiiiiiiiiiiiiiiiiiiii ,, i c��iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ,, i c��/�iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ,.. ' � � ..� � • • ' •• • •. ' •' � • •. ' •' � � • • • • . • ' • • •�• ' • - • II •. - •- III • • •• • � • • •. - •- II • • •. - -• -• •�• • • . • I • • •�• • • •. - •- II • . - • • • •�• ' • - • • - II •• . • • •• - • • •- � • •- • ••� • � •. - •- II • � •. - •- II • • • • • • •. � • •- • ••� •• . • • •• � • • •. • •' .�. ' •' III .• � • -• •. • • � • •- - • -••� . • • � . , , � � • • • •�• • .�' • ' •. ' •' II • • • ' • • .�- •. - •- I • .�- ZS' Previously 35.14.4B(6), "restaurants, bars, ice cream parlors and similar uses" ZS$ Previously 35.14.4C(1), "industrial uses, except distribution centers/warehouse." Z59 Previously 3 35.14.4C(1), "industrial uses, except distribution centers/warehouse." Denton, Texas - Denton Development Code 96 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.9.4 Amount of Off-Street Parking Required Use Type Storage of Hazardous Materials Warehouse and Wholesale Facility260 Basic Utilities Electric Substations, Switch Stations, and Power Stations WECS (Freestanding Monopole Su000rt Structure) WECS (Building-mounted) Wireless Telecommunications Accessory Dwelling Unit Home Occupation262 Outdoor Storage, Accessory Sale of Produce and Plants Raised on Premises Christmas Trees and Pumpkin Sales Concrete or Asphalt Batching Plant, Temporary Farmer's Market or Open Air Market Minimum Parking Requirement Minimum Parking Requirement (Proposed) (Current)ZZ3 Director determination, see 6.9.4E 1 space per 1,000 sq ft GFA; plus 1 space per commercial vehicle qenerallv stored on-site None Director determination, see 6.9.4E 1 space per non-resident employee None 1 space per 500 sq ft of retail area Director determination, see 6.9.4E 1 space per 1,000 square feet of gross floor area or for each 2 emplovees, whichever is less. 1 space per 2 employees on the largest shift; a minimum of 2 spaces is required261 No on-street parking of business- related vehicles shall be permitted at any time. No business vehicles larger than a van, panel truck, or pickup truck shall be permitted to park overnight on the premises. The number of business-related vehicles shall be limited to 1. z6o Previously 35.14.4C(2), "distribution centers/warehouse." zbl Previously 35.14.4C(3), "public utilities (gas, water, telephone, etc.) not induding business offices." ZbZ Previously 35.12.1OM. Denton, Texas - Denton Development Code 97 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.9.5 Parking Alternatives E. Director Determination263 For uses in Table 6.9-E: Minimum Required Off-Street Parking that reference this paragraph and uses not expressly listed in Tab(e 6.9-E: Minimum Required Off-Street Parking, the Director is authorized to: 1. Apply the minimum off-street parking space requirement specified in Table 6.9-E: Minimum Required Off-Street Parking, for the listed use that is deemed most similar to the proposed use; or 2. Establish the minimum off-street parking space requirement by reference to standards in parking resources published by the National Parking Association, American Planning Association, Institute of Traffic Engineers (ITE) or other acceptable sources of parking data; or 3. Establish the minimum off-street parking space requirement based on local or national best practices; or 4. Establish the minimum off-street parking space requirement based on a demand study prepared by the applicant. Such a study shall be prepared according to paragraph 6.9.4E. F. Accessible Parking264 All areas of newly designed or newly constructed buildings and facilities required to be accessible under federal and state law shall comply with the standards set forth in the Texas Accessibility Standards of the Architectural Barriers Act, Tex. Rev. Civ. Stat. Art. Ann. §9102 (Vernon Supp 2000.), the International Building Code (IBC) as adopted in the Denton Municipal Code, and the American with Disabilities Act (ADA), as amended. �m�m,!� I��iirlNciiii�m� �Ill��iirii��iii��m.� The Director may approve parking alternatives that result in a cumulative adjustment not to exceed 50 percent of the minimum or maximum off-street parking spaces required by Table 6.9-E: Minimum Required Off-Street Parking, in accordance with the following standards. z63 Replaces 35.14.4E. These standards give staff flexibility to determine appropriate parking rather than relying on a one-size-fits-all approach. There is a balance to strike here - discretion may prevent an area from being over- or under-parked, but comes with additional administrative work and added time and cost to the developer. zb' Previously 35.14.6. Updated language to include the IBC and the ADA. z6s Replaces current 35.14.7C. The current maximum parking reduction allowed by the Director is 25 percent, we propose increasing this to 50 percent to allow more flexibility if the applicant can demonstrate they meet the criteria listed. Denton, Texas - Denton Development Code 98 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� II,,.��a�6im� 6.9.5 Parking Alternatives A. Shared and/or Off-Site Parkingzbb The Director may approve shared parking and/or off-site parking subject to the standards established in 6.9.4E. Locationzb' For nonresidential uses, every shared and/or off-site parking space shall be located within 500 feet (measured along a legal pedestrian route) of the entrance to each building for which the shared and/or off-site parking is provided. If valet parking is provided, shared and/or off-site parking spaces may be located up to 1,000 feet from the entrance.26$ For residential uses, every shared and/or off-site parking space shall be located within 300 feet (measured along a legal pedestrian route) of the entrance to each building for which the shared and/or off-site parking is provided. c. Shared and/or off-site parking is not permitted for single-family detached, duplex, and townhome dwelling uses. Ineligible Activities Accessible parking (ADA parking) shall not be permitted off-site. Public Parking Facilitiesz69 Public parking facilities within 500 feet270 of the subject property may be counted toward up to 25 percent of the total amount of required off-street parking. 4. Documentation Required�" a. The owners of record involved in the joint use of shared parking facilities shall submit written documentation of the continued availability of the shared parking arrangement to the Director for review. b. The Director may approve the shared parking arrangement if the Director determines that the documentation demonstrates the continued availability of the shared parking facility for a reasonable period of time. No zoning or use approval shall be issued until the Director has approved the shared parking documentation. c. If the shared parking arrangement is later terminated or modified and the Director determines that the termination or modification has resulted in traffic congestion, overflow parking in residential neighborhoods, or threats to pedestrian, bicycle, or motor vehicle safety, the property owners involved in the shared parking arrangement may be held in violation of this chapter. zbb New. Z6' Replaces 35.14.7A and 35.14.7D. Simplified language. Z6$ Current standard is 300 feet. New standard for valet parking. zb9 New. 270 DISCUSSION ITEM: This new standard would allow flexibility for owners/developers near public parking facilities (typically downtown or more intense mixed-use/transit centers). The 500 foot distance was selected for consistency with other distance requirements in the parking section. This distance threshold may be further adjusted. Z'1 Replaces last sentence of 35.14.7A and 35.14.7D. More general standards on required documentation will simplify administration and to avoid continued monitoring of cooperation agreements over time. Current language requiring an agreement be approved prior to issuance of a building permit revised to require approval prior to zoning or use approval. Denton, Texas - Denton Development Code 99 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.9.5 Parking Alternatives B. On-Street Parkingz'z On-street parking may be counted toward the minimum number of required off-street motor vehicle parking spaces on a one-to-one basis, subject to the following standards:2'3 1. On-street parking may not be used to meet the minimum off-street parking requirements for single-family detached, duplex, or townhouse uses; 2. On-street parking that is subject to residential parking permit restrictions or other time restrictions shall not be used to meet any off-street minimum parking requirements for any use; 3. Only those street parking spaces abutting any lot line of the subject property, and with over one-half the length of a parking space located between the imaginary extension of the side property lines into the street right-of-way, may be counted. 4. Areas in front of or within ten feet of a driveway, within 20 feet of a street intersection or within five feet of a fire hydrant shall not be counted toward required parking. 5. Each on-street parking space may only be counted once toward the parking requirements of the abutting lot, regardless of the number of individual buildings or tenants on the lot. 6. No development or use approved with an on-street parking credit shall be considered nonconforming if the on-street parking is later removed by City action and the remaining off- street parking does not meet the minimum off-street parking requirements of this section. On-street parking spaces shall be available for general public use at all times. No signage or actions limiting general public use of on-street spaces shall be permitted.2'4 C. Proximity to Transit2'S Except for single-family detached, duplex, and townhome dwelling uses, the minimum number of required off-street parking spaces required in Table 6.9-E: Minimum Required Off-Street Parking for uses within one-quarter mile of a fixed transit station, measured radially in a straight line, shall be reduced by 25 percent. D. Affordable and Senior Housing2'6 The minimum number of required off-street parking spaces required in Table 6.9-E: Minimum Required Off-Street Parking shall be reduced by 25 percent for affordable residential and senior housing developments that satisfy the following: 1. Have a minimum of 10 dwelling units; and 2. At least 25 percent of the dwelling units are restricted for purchase or occupancy at below- market rate levels approved by the Director; or Z'Z DISCUSSION ITEM: Did not carry forward 35.14.5E regarding on-street parking spaces not being credited if they are along an arterial or collector street. Did not carry forward 35.14.5G limiting on-street parking for multi-family projects to parallel parking spaces. We recommend allowing any legal on-street parking space to be credited toward off-street parking counts. We are considering alternative standards based on staff's presentation to the City Council in early 2018. Z'3 Replaces 35.14.5A, 35.145C, and a portion of 35.14.5D. Current standard allows one off-street parking space credit for every two on-street spaces up to four credits, thereafter one space credit for each on-street parking space. We recommend simplifying this by allowing a one-to-one credit approvable by the Director. Z" Previously 35.14.5F. Simplified language. Z'S New. DISCUSSION ITEM: We are still considering adjustments to this standard and how it can be catered to fit Denton's needs. z'6 New. Denton, Texas - Denton Development Code 100 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.9.6 Off-Street Parking Layout and Design 3. At least 75 percent of the dwelling units are restricted for purchase or occupancy by persons 65 years of age or older. E. Modification of Minimum Parking Requirement by Director If an applicant submits a parking demand study pursuant to paragraph 6.9.4E demonstrating that anticipated off-street parking demand for the proposed development, use, or combination of uses will be less than that calculated from Table 6.9-E: Minimum Required Off-Street Parking, and the Director determines that the information and assumptions used in the study are reasonable and that the study accurately reflects anticipated off-street parking demand for the proposed development, use, or combination of uses, the Director may authorize a reduction in required off- street parking spaces based on that study. F. Modification of Maximum Parking Requirement by Director27 No use shall provide off-street parking spaces in an amount exceeding the maximum established in 6.9.4B unless approved by the Director based on the following: 1. The proposed development has unique or unusual characteristics that typically does not apply to comparable uses, such as high sales volume per floor area or low parking turnover, that create a parking demand that exceeds the maximum ratio; 278 2. The applicant submits a demand study pursuant to paragraph 6.9.4E; and 3. Any parking provided above the maximum required in 6.9.4B is constructed with approved pervious surfaces.279 �� iir�� I��iirl4�iiii�� IU��y��u�� iir�� I��iii�iir�.��an Commentary: This content in this subsection may be added to, re-organized, or removed to reconcile any overlap between the newly adopted TDCM. New parking stall and drive aisle dimensional standard and parking area surface material standards are proposed with this draft. The consolidated draft may include additional revisions to this subsection to better align the TDCM and the DDC. A. Dimensions of Parking Spaces and Drive Aisles281 All parking and maneuvering areas shall be constructed according to the following dimensional standards. 1. If the applicant can provide different acceptable standards based on the Institute of Transportation Engineers (ITE) Standards (current edition), or other professionally recognized sources, the Director may approve alternative standards pursuant to the minor modification process outlined in Section --. However, any alternative standards must also meet the intent and purpose of this DDC. Z" Previously 35.14.4F. Amended to allow more flexibility, current standard requires development to meet exact parking count unless otherwise approved by the Director. We recommend establishing a maximum parking requirement of 25% above the minimum standard; however this is flexible. Z'$ New. 279 Replaces current standard in 35.13.10B(1)(d) and 35.14.4F requiring parking spaces over the maximum to be constructed with pervious pavers. 280 Did not carry forward 35.14JF, "compact car parking." DISCUSSION ITEM: We recommend moving the standards found in 35.14.9, "development and maintenance" to the TDCM to avoid duplication and/or inconsistencies. Z81 Replaces 35.14.8A. New standards specify parking stall dimensions for angled parking, motorcycle parking, and large vehicle parking. Denton, Texas - Denton Development Code 101 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.9.6 Off-Street Parking Layout and Design 2. The length of a parking stall may be reduced to 16 feet allowing the front of vehicles to overhang the required parking space by two feet; provided that: a. The curb is no more than four inches in height; and b. The front of the parking space is located adjacent to a landscaped area or sidewalk that is at least six feet in width. Figure 1: Parking Design B. Surface Materials282 All required parking areas, aisles, turn-arounds and driveways shall be paved with concrete, asphalt or other approved surface, constructed to standards on file in the office of the City Engineer. Z$Z Replaces current 35.14.9(3), 35.14.9(4), and 35.14.9(1). New standard requiring parking spaces provided above the minimum required to be compliant with the iSWM standards. Denton, Texas - Denton Development Code 102 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.9.6 Off-Street Parking Layout and Design 1. Single-family residential uses in the RC and Rl zoning districts may be surfaced with a permeable material, such as crushed rock, to the standards on file in the office of the City Engineer.283 2. Permanent surfacing shall be installed prior to receiving a certificate of occupancy. 3. Parking areas may be surfaced with a dust-free permeable material, with approval by the City Engineer. 4. Parking spaces provided above the minimum number of required parking spaces pursuant to Table 6.9-E: Minimum Required Off-Street Parking, shall be designed in accordance with iSWM standards using the mechanisms described in. Section ---. 5. Stall markings and/or other vehicular control devices shall be provided to the specifications of the City Engineer. C. Location of Parking Areas284 Single-Family Detached, Duplex, and Townhome Dwellings285 Off-street parking for single-family detached, duplex, and townhome dwelling uses shall only be allowed in a garage or on an approved surface. All other off-street parking within a required front setback area shall be prohibited. All Other Uses286 Off-street parking areas located between the front building fa�ade and the adjacent street frontage is prohibited, unless the parcel satisfies all of the following standards: a. It is located outside of the MN, MD, and MR zoning districts;2$' b. It adjoins either side of an Arterial, as defined in the City Transportation Plan; c. It does not adjoin the following corridors:2$$ i. Fort Worth Drive (between Carroll Boulevard and Eagle Street); ii. Dallas Drive (between Teasley Boulevard and Eagle Street); iii. Elm Street (between University Drive and Eagle Street); iv. Locust Street (between University Drive and Eagle Street); and d. The development satisfies the general regulations for parking in front of buildings as set forth in 6.9.6D. Infill Development289 Except as prohibited by paragraph 6.9.6C.Zc, infill parcels meeting the requirements of 6.9.6D are exempted from prohibitions against parking in front of buildings. Z83 Revised to limit use of crushed rock from residential uses with fewer than 10 parking spaces to single-family uses in the RC and Rl zoning districts. Z$' Replaces current 35.13.133C. zss New. Z86 Replaces 35.13.133C(1). This standard currently only applies to nonresidential and mixed-use development; however, we recommend this standard apply to all development with exception to single-family detached, duplex, and townhome dwelling uses. Z$' "Pedestrian oriented districY' is currently defined as: "All property within a Neighborhood Residential zoning district or Central Business District." We propose replacing this term with zoning districts that are more pedestrian-oriented. Z$$ Previously 35.13.133C(1)(a). DISCUSSION ITEM: If these areas will be zoned to one of the mixed-use districts, then they will no longer be required to be listed here. The standard in 1(a) would address those concerns. 289 Previously 35.13.133C(2)(b). Denton, Texas - Denton Development Code 103 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.9.6 Off-Street Parking Layout and Design D. Front Setback Parking Design Standards 1. Development with 100 or Fewer Off-Street Parking Spaces290 Development with 100 or fewer off-street parking spaces located between the front building fa�ade and the adjacent street frontage shall comply with the following: a. Development shall be limited to no more than two rows of parking between the front building fa�ade and the adjacent street frontage. b. Buildings shall have a maximum front setback of 85 feet from the public utility easement (PUE). c. If an easement does not exist, the front yard setback shall be measured from the street right-of-way. d. The front yard setback shall be provided as follows: i. 15 feet landscape area; ii. 18 feet first row of parking; iii. 24 feet drive aisle; iv. 18 feet second row of parking; v. Five feet walkway; vi. Five feet landscape area in front of building (this area may be paved as a walkway if pots or planters are incorporated). 2. Development with More than 100 Off-Street Parking Spaces291 Development with more than 100 off-street parking spaces located between the front building fa�ade and the adjacent street frontage shall comply with the following: a. Pad sites are reserved to be located at corners where two streets intersect and at both corners of the main drive into the development. The main drive is the drive that receives the majority of vehicular traffic. When required, the Transportation Impact Analysis shall determine the main drive; b. Corner pad site buildings shall be built to the front setback line; however, additional setback may be allowed to accommodate outdoor dining or a plaza with a focal point that includes seating, public art, and a water feature; and c. Pad sites not located on a corner shall not exceed two rows of parking between the front building fa�ade and the adjacent street frontage. E. Parking Area Landscaping See Section 6J.6. F. Parking Area Lighting See Section 6.11.5. G. Pedestrian and Bicycle Circulation See Section 6.8.12. 290 Replaces 35.13.13.3C(3)(a)(i) and 35.13.133B(3)(a)(iv). Z91 Replaces 35.13.13.3B(3)(a)(ii). Denton, Texas - Denton Development Code 104 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a� Ifp�irll�uirn� �irn� Il,,.��a�iiirn� 6.9.7 Loading Areas ��'7 I��iiiiir�g iir��.��.� A. Number and Size of Loading Berths Required 1. The Director may approve a variation from the required loading space requirements if warranted by the building use. 2. The minimum turning radius for truck traffic areas shall be 40 feet. B. Location of Off-Street Loading Areasz93 1. Except for properties in the LI and HI zoning districts, required off-street loading spaces shall not be permitted in any front yard or in any required street side yard. 2. Loading areas shall be separated from pedestrian areas. 3. Off-street loading spaces may occupy all or any part of a required rear yard where visibility from public streets and windows of neighboring buildings will be minimized. 4. Loading areas shall not interfere with parking lot maneuvering areas. 5. City streets or rights-of-way shall not be utilized for loading and unloading purposes. �� I�iii��lll� I��iirl�iiii�� A. Minimum Required Bicycle Parking294 Unless exempted by 6.9.8B, all multifamily and nonresidential development shall provide off- street bicycle parking spaces at a ratio of one bicycle parking space per 20 vehicle parking spaces, with no development providing less than two bicycle parking spaces. B. Bicycle Parking Reduction29s Subject to the approval of the Director, the number of bicycle parking spaces may be reduced because of building site characteristics. Z9Z DISCUSSION ITEM: The off-street loading standards were relocated from the TDCM to the DDC. These are relatively common standards in most communities, but may be modified based on public and stakeholder feedback. Z93 Replaces 35.13.13.3A(7). 294 Replaces 35.14.10A. New language requires bicycle parking, current standards only recommend bicycle parking. z9s New. Denton, Texas - Denton Development Code 105 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� � �6�:a� �irn� I��uiill�iiirn� IC��ii�im 6.9.8 Bicycle Parking C. Bicycle Parking Location and Design296 1. Location Required off-street bicycle parking spaces shall be provided with bike racks, bike lockers, or similar parking facilities that comply with the following standards: a. Located in a visible, well-lit ground-level area; b. Conveniently accessible to the primary entrances of a development's principal building(s); c. Does not interfere with pedestrian traffic; and d. Is protected from conflicts with vehicular traffic. Multiple Building Developments For developments with multiple buildings, bicycle parking shall be distributed evenly among principal buildings. Design a. Bicycle parking areas shall not be used for any other purposes. b. Bicycle parking spaces shall be installed using standard requirements that are effective for storage and are permanently anchored to a hard surface. Commentary: This section addresses the site and building design standards for residential, nonresidential, and mixed-use development. This section carries forward a substantial number of standards from 35.13.13, Site Development Standards, with major revisions for clarity and to strengthen the design standards in various contexts. We also incorporated several revisions that were included in a 2017 stafF redline, mostly related to the use of inetal and other building material requirements. Alternatives approved by Director. Throughout the draft we included several provisions giving the Director greater flexibility to approve designs not otherwise prescribed by these standards in an effort to reduce the number of applicants seeking relief from other procedures (mainly ADPs). Reorganization. The standards were substantially reorganized to categorize design elements into topic areas (e.g., site design and orientation vs. building mass and form vs. building materials, etc.). Standards for MN and MD districts. References to the "pedestrian oriented districts" were revised to the MN and MD districts (previously NRMU, NRMU-12, DC-N, and DC-G districts). We created a new section for additional standards required for nonresidential and mixed-use buildings in the MN and MD districts. Large-scale development standards/guidelines not carried forward. We did not carry forward the design standards and guidelines for large-scale development. Many of those standards were already addressed by use- specific standards in Subchapter 5. Additionally, the standards addressing nonresidential building design are adequate to also apply to large-scale developments. Graphics. We noted several places where existing graphics should be replaced and/or new graphics should be developed. We will prepare those for the consolidated draft. Z96 Replaces 35.14.10B. We added more specific standards and did not carry forward language referencing bicycle parking design alternatives in the Transportation Criteria Manual. The bicycle standards in 2.2.1 of the TDCM are vague and could be more specific. Denton, Texas - Denton Development Code 106 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� � �6�:a� �irn� I��uiill�iiirn� IC��ii�im 6.10.1 Purpose ��I �� WII��z�'> This Section 6.10 is intended to: A. Promote high-quality development and construction; B. Ensure compatibility between residential neighborhoods and adjacent commercial and mixed-use areas; C. Mitigate negative impacts created by the scale and bulk of large buildings; D. Provide variety and visual interest in the exterior design of buildings; E. Enhance the streetscape and diminish the prominence of garages and parking areas; F. Promote an environment that is friendly toward multiple modes of transportation and accommodates varying ages and abilities; and G. Protect and enhance property values and encourage further investment and reinvestment. �� I�I�Illiii��l�iiillliii A. General Applicability Unless otherwise exempted in paragraph B below, or elsewhere in this Code, the standards in this Section 6.10 shall apply to the following: New Development A new primary structure is constructed; or An existing primary structure is relocated on the lot. Expansions and Enlargements29S The entire site and buildings and/or dwelling units shall comply with this Section 6.10 when: i. The number of multifamily dwelling units on a property is increased by 25 percent or more;299 or ii. Ten or more additional multifamily dwelling units are created within the MD zoning district; or3oo iii. The square footage of a nonresidential or mixed-use building is expanded or enlarged by 50 percent or more; or iv. The addition or expansion of one or more structures or uses that requires specific use permit approva1.3o1 The portion of the building and/or site being expanded and/or improved shall comply with this Section 6.10 when: Except for within the MD zoning district, the number of dwelling units on a property is increased by 10 percent or 10 dwelling units, whichever is less; or 297 New. 298 Based largely on the current expansion applicability table in 35.13.3, with revisions as noted. 299 Currently applies to all dwelling units, but for increased by more than 50 percent, not 25 percent. aoo Previously 35.14.3B; reworded for darity and consistency. We replaced the phrase, "central business districY' with "MD zoning districY' to provide clarity to where this standard would apply. This standard also appears in the Expansion Applicability Table in current 35.13.3. Also clarified that this only applies to multifamily. 301 New. Denton, Texas - Denton Development Code 107 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� � �6�:a� �irn� I��uiill�iiirn� IC��ii�im 6.10.3 Single-Family, Duplex, and Townhome Site and Building Design Standards ii. The square footage of a nonresidential or mixed-use building is expanded or enlarged by more than 10 percent.3oz B. Exemptions3o3 1. Expansion of a single-family detached dwelling, duplex, or townhome within the permitted lot coverage.3°4 2. Single-family detached development on any lot 10,000 square feet or greater. 3. Expansions and enlargements of a multifamily or nonresidential use less than the greater of 1,000 square feet or 25 percent of the building's square footage. 4. Conversion of a residential structure to a nonresidential use where no site improvements are required. C. Conflicting Standards3os Where the site and building design standards in this Section 6.10 conflict with the design standards applicable to an overlay district or PD, the standards overlay district or PD shall govern. �m� �m3 �iiiii��lll��l��i�mmiiilll�� I�u��lll�� ii�� "'lll"��i�mll'��imrem� �iir�� i�m� I�u�iiilll�'iiii�m� I��iii�ii� ��i�m��iir�'�� A. Applicability 1. This subsection applies to any single-family detached dwelling, duplex, or townhome. 2. Alternatives to these standards may be approved by the Director if:3o' a. The development is on an infill site; or b. The design results in a higher-quality product that exceeds the minimum standards in this Subchapter.3oa B. Orientation309 Primary entrances shall face a public right-of-way to the maximum extent practicable. The Director may approve alternative orientations for primary entrances facing common green spaces or other common areas such as courtyards, plazas, and gathering spaces. C. Open Space Requirements For developments consisting of 10 or more single-family detached, duplex, or townhome dwelling units, five percent of the land area that is non-constrained open space will be designed into a green, plaza, or a combination of planned common open space intended to serve the units.310 aoz Currently between 25 and 50 percent. 303 From the current expansion applicability table. 30' Added duplex and townhomes. 3os New clarification to cover adopted design standards with the overlay zoning districts and any approved PDs. 306 Replaces the current 35.13.13.1, residential design standards. 30' New. aos New. 309 Did not carry forward requirement for 50 percent of the building to be located within the maximum setback, since maximum setbacks were not included in the district requirements in Subchapter 3. Add ability for the Director to allow alternative orientation to common spaces. 31oCurrent standard says open space shall be "oriented to the neighborhood," which we revised to apply to only the units being developed. DISCUSSION ITEM: The common open space area will require maintenance by a homeowner's association or other property management district or entity. Further discussion is required on the specific requirements. Denton, Texas - Denton Development Code 108 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� � �6�:a� �irn� I��uiill�iiirn� IC��ii�im 6.10.3 Single-Family, Duplex, and Townhome Site and Building Design Standards D. Architectural Variety The same elevation shall not be used within any 10 lot groupings as depicted below: I-lcrmes that can not be of the same eievati+mn Aa �, C"... urniquc ele�°�tinns r�.,"� VN�' - se�arate l�ots bein� eewWewed Update graphic to improve legibility E. Building Mass and Form Buildings shall incorporate at least three of the following design features to provide visual relief along the front of the residence: 1. Dormers; 2. Gables; 3. Recessed entries, a minimum of three feet deep; 4. Covered front porches; 5. Cupolas; 6. Architectural pillars or posts; and/or 7. Bay window with a minimum 24 inches projection. Insert graphic depicting options for compliance with mass and form standards above F. Garage Design Standards 1. Where alleys are present, garages shall be accessed from the alley to the maximum extent practicable.311 2. Attached front-entry garages of residential dwellings shall not extend beyond the front building wall. 3. For front-entry garages, the total width of the garage door(s) shall not occupy more than 40 percent of the ground floor building frontage.31z 311 New. 31z Did not carry forward exemption to this standard for front-entry garages that are setback at least 30 feet from the front building line in 35.13.13.1.B.. Denton, Texas - Denton Development Code 109 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� � �6�:a� �irn� I��uiill�iiirn� IC��ii�im 6.10.4 Multifamily Site and Building Design Standards G. Building Transparency/Windows 1. Within the front fa�ade (front adjoining a public or private right-of-way where the entrance/address is located), windows and doors (excluding garage doors) shall comprise at least 25 percent of the wall area. 2. For all other fa�ades that face a public or private street or right-of-way (excluding alleys), windows and doors (excluding garage doors) shall comprise 15 percent of the wall area.313 3. Windows shall be provided with trim or shall be recessed. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb. Shutters, trims, or false windows shall not count toward the minimum requirement. H. Building Materials 1. Exterior finishes shall be of wood, masonry, stone, stucco, EIFS (Exterior Insulation Finishing System), cementitious siding, or other high quality materia1.314 2. Masonry shall comprise a minimum of 25 percent of the exterior finishes of the total building elevation. 3. Other building materials may be approved by the Director provided they meet the intent of this section.31s �m� �m� I�i�lll��iir��i�miiillly �iir�� ii�� I�u�iiilll�'iiii�m� I��iii�ii� ��i�m�'�i�°�'�::�� A. Applicability 1. This subsection applies to any multifamily development, except those that are part of a mixed-use building. 2. Alternatives to these standards may be approved by the Director if: 31' a. The development is on an infill site; or b. The design results in a higher-quality product that exceeds the minimum standards in this Subchapter. B. Site Design and Orientation Multi-Building Developments318 For developments with three or more buildings, the buildings shall be arranged using one or more of the following techniques: a. Organize units around a central courtyard that maintains a consistent side yard setback between units along the street frontage; b. Locate the buildings on the corner of an adjacent street intersection or entry point to the development to frame the corner; 313 Revised to remove the reference to the building code requirements for how many doors/windows are required. The flat 15 percent is suggested to replace the current "may be reduced by 10 percent" (which refers to the 25 percent requirement for front facades). 31' Added EIFS to the list. 31s New, provided in each subsection to allow greater flexibility. 316 Replaces current 35.13.13.2, multi-unit and multi-family design standards. Did not carry forward residential proximity slope standards from 35.13.13.2.A.l.e. That information will be relocated to the dimensional standards with the districts subchapter in the consolidated draft. 31' New. 31s New standards. Denton, Texas - Denton Development Code 110 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� � �6�:a� �irn� I��uiill�iiirn� IC��ii�im 6.10.4 Multifamily Site and Building Design Standards c. Provide common gathering spaces between buildings; and/or d. Other site improvements as approved by the Director. Insert graphic depicting some of these features Entries Primary building entries shall be denoted through the use of distinctive architectural elements and materials, such as ornamental glazing or paving, over doors, porches, trellises or planter boxes or as otherwise identified in this section. Location of Trash Storage and Mechanical Equipment3,9 Trash storage areas, mechanical equipment, and similar areas shall not be visible from public view, and shall not be located between the building and the street. C. Open Space Requirements320 1. At least eight percent of the lot area shall be dedicated to open space for recreation for use by the tenants of the development. 2. Areas covered by shrubs, bark mulch and other ground covers that do not provide a suitable surface for human use may not be counted toward this requirement. D. Architectural Variety For projects with 30 dwelling units or greater, or more than three buildings, the same exterior design may not be used for greater than 30 units and/or more than three buildings in a project. A variety of compatible exterior materials' use and type, building styles, massing, composition, and prominent architectural features, such as door and window openings, porches, rooflines, shall be used. E. Building Mass and Form 1. Buildings shall be designed to prevent the appearance of straight, unbroken lines in the horizontal and vertical surface. Buildings shall have no more than 50 continuous feet without a horizontal and vertical break of at least three feet. Such breaks may include recesses, projections, windows, roofs, alcoves, porticoes, awnings, and other architectural features to provide visual interest and relief. 2. Fa�ades shall be broken up to give the appearance of a collection of smaller structures. Elements including but not limited to balconies, recessions, and projections may be used to articulate individual units or collections of units. 3. Buildings visible from the public right-of-way or private street system shall include changes in relief such as columns, cornices, bases, fenestration, and fluted masonry, for at least 15 percent of the exterior wall area. 4. Stairwells shall not be a prominent feature of any building fa�ade, and shall be shielded from view from public and private streets to the maximum extent practicable. 5. Any building constructed with a flat roof shall contain a distinctive finish consisting of a cornice, banding, or other architectural termination. 319 Expanded the current requirement from nonresidential and mixed-use to include multifamily. 3zo Did not carry forward allowance of up to five percent of private decks, patios, and other areas to count toward required open space. Also did not carry forward requirement for child play areas for projects with 50 units or more. Denton, Texas - Denton Development Code 111 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� � �6�:a� �irn� I��uiill�iiirn� IC��ii�im 6.10.5 Nonresidential and Mixed-Use Buildings F. Accessory Structure/Garage Standards 1. Garages, carports, storage units, and other accessory structures (but not including leasing offices, club houses, or recreation centers) shall not be located along the portion of the building that fronts the public or private street. 2. Garages shall not occupy more than 40 percent of the total building frontage. This measurement does not apply to garages facing an alley or courtyard entrance. 3. Garages, carports, storage units, and other accessory structures visible from the public right-of-way, private street system, and/or adjacent residential properties shall include at least three of the following: Fa�ade modulation of at least six inches for every 30 feet of wall length; Multiple building materials (e.g., brick, fieldstone, limestone, marble, granite, textured block, architectural pre-cast concrete, cementitious siding, wood clapboard siding, wood beaded siding, or stucco);3z1 c. Multiple surface textures (e.g. rough, striated, imprinted, etc.) or patterns; or d. Separation in roof pitch, variation in direction of roof pitches, inclusion or dormers, or other variation on roof design. G. Building Transparency/Windows 1. Within the front fa�ade (front adjoining a public or private right-of-way where the entrance/address is located), windows and doors (excluding garage doors) shall comprise at least 25 percent of the wall area. 2. For all other fa�ades that face a public or private street or right-of-way (excluding alleys), windows and doors (excluding garage doors) shall comprise 15 percent of the wall area.322 3. Windows shall be provided with trim or shall be recessed. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb. 4. Use of false door or window openings shall be defined by frames, sills, and lintels. H. Building Materials 1. An amount equal to 40 percent of the total net exterior wall area of each building elevation, excluding gables, windows, doors and related trim, shall be brick or stone or masonry, cementitious siding, or other high quality material. 2. Metal roofs are permitted provided that they are of a high architectural quality. 3. Other building materials may be approved by the Director provided they meet the intent of this section. 3z1 Eliminated vinyl siding from the list. 3ZZ Revised to remove the reference to the building code requirements for how many doors/windows are required. The flat 15 percent is suggested to replace the current "may be reduced by 10 percent" (which refers to the 25 percent requirement for front facades). Denton, Texas - Denton Development Code 112 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� � �6�:a� �irn� I��uiill�iiirn� IC��ii�im 6.10.5 Nonresidential and Mixed-Use Buildings �� I�'�iir�i��iii�'�i��iii�lll �i��' I�iiii��'�-�� I �uiiilll�iiiiir�m�� A. Applicability 1. This subsection applies to any nonresidential or mixed-use development. 2. These standards do not apply to industrial uses in the LI or HI zoning districts where the building or structure is located: a. Farther than 250 feet from the ultimate right-of-way of an arterial or interstate roadway; or b. Behind another building or structure that screens the building or structure from the adjacent arterial or interstate roadway. 3. Alternatives to these standards may be approved by the Director if: The building is not accessed by pedestrians, such as warehouses and industrial buildings without attached offices, automotive service uses such as gasoline sales and automobile sales; or b. The development is on an infill site; or c. The design results in a higher-quality product that exceeds the minimum standards in this Subchapter.3z4 B. Site Design and Orientation 1. The primary entrance of a building shall have a clearly defined, highly visible customer entrance with distinguishing features such as a canopy, portico, or other prominent element of the architectural design. 2. Buildings shall have their primary orientation toward the street rather than the parking area. 3. Buildings that are within 30 feet of the street shall have an entrance for pedestrians from the street to the building interior. 4. Trash storage areas, mechanical equipment, and similar areas shall not be visible from public view, and shall not be located between the building and the street. C. Multi-Building Developments325 For developments with three or more buildings, the buildings shall be arranged using one or more of the following techniques: 1. Organize units around a central courtyard that maintains a consistent side yard setback between units along the street frontage; 2. Locate the buildings on the corner of an adjacent street intersection or entry point to the development to frame the corner; 3. Provide outdoor dining and/or common gathering spaces between buildings; and/or 4. Other site improvements as approved by the Director. Include graphic depicting some of these features 3z3 From current 35.13.133. 3z' New. azs New standards. Denton, Texas - Denton Development Code 113 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� � �6�:a� �irn� I��uiill�iiirn� IC��ii�im 6.10.6 Additional Standards for Nonresidential and Mixed Use Buildings in the MN and MD Districts D. Building Mass and Form Buildings shall have no more than 50 continuous feet without a horizontal and vertical break of at least three feet. Such breaks may include recesses, projections, windows, roofs, alcoves, porticoes, awnings, and other architectural features to provide visual interest and relief. 3z6 E. Building Transparency/Windows 1. Use of glass for displays and to allow visual access to interior space is permitted. Buildings may not incorporate glass for more than 70 percent of the building skin. 2. Windows shall be provided with trim. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb. F. Building Materials 1. Fronts and street sides of buildings visible from the public right-of-way shall be non- reflective and shall be of wood, masonry, stone, decorative block, stucco, EIFS (Exterior Insulation Finishing System), cementitious siding, or other high quality material. 2. Masonry shall comprise a minimum of 50 percent of the exterior finishes of the total building elevation. 3. Metal roofs are permitted provided that they are of high architectural quality. 4. A maximum of 10 percent of architecturally finished metal can be used as an accent material or for embellishments on buildings classified as commercial uses, except that in the LI and HI districts along an arterial, architecturally finished metal can be used for up to 50 percent of the building fa�ade.32' 5. Other building materials may be approved by the Director provided they meet the intent of this section. �m� �mC ��iir�iii�ii��lll ��ii��iir�� iir Il��i�miir��iii��i�m��iii�lll �ii��' I�iii�� I�u�iiilll�'iiiii�� iiii�m ��III�� I�ill� �ii��' I�iil I iii��i�iii��z� A. Applicability329 1. These standards apply to nonresidential and mixed-use development in the MN and MD districts. 2. These standards are in addition to those required for nonresidential and mixed-use development in subsection 6.10.5. 3. Where these standards conflict with the standards in subsection 6.10.5, these standards shall apply. B. Site Design and Orientation33o 1. At least 60 percent of the street frontage shall have buildings within 10 feet of the front property line. 3z6 Did not carry forward "The planting of trees may be used in place of these architectural features." Plantings can be cut down/removed, and the building remaining would be considered substandard. 3z' New. 3Z$ From 35.13.13.4, revised as noted. 3z9 New. 33o The maximum setbacks provided in these standards will need to be coordinated with the dimensional requirements in the MN and MD districts in Subchapter 3 with the consolidated draft. Denton, Texas - Denton Development Code 114 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� � �6�:a� �irn� I��uiill�iiirn� IC��ii�im 6.10.6 Additional Standards for Nonresidential and Mixed Use Buildings in the MN and MD Districts 2. A building shall be setback not more than 15 feet from the public right-of-way unless the area is used for pedestrian activities such as plazas or outside eating areas. Insert graphic depicting 1 and 2 3. Buildings that are open to the public and are within 30 feet of the street shall have an entrance for pedestrians from the street to the building interior. This entrance shall be designed to be attractive and functional, be a distinctive and prominent element of the architectural design, and shall be open to the public during all business hours. 4. Buildings shall incorporate lighting and changes in mass, surface, or finish emphasizing entrances. C. Building Mass and Form 1. Developments shall have a minimum Floor Area Ratio of four-tenths (0.4). Plazas and pedestrian areas shall count as floor area for the purpose of ineeting the minimum floor area ratio. 2. The top floor of any building rising over four stories shall incorporate a distinctive finish, consisting of a cornice or other architectural termination. D. Building Transparency/Windows 1. Any ground floor wall facing a main street, plaza, or other public open space shall contain at least 50 percent of the wall area facing the street in display areas, windows, or doorways.331 2. At least 20 percent of each upper floor facing a main street, plaza, or other public open space shall contain windows or doorways.33z 3. Windows shall allow views into working areas or lobbies, pedestrian entrances, or display areas. Walls facing side streets shall contain at least 25 percent of the wall space in windows, display areas, or doors, provided: Blank walls within 30 feet of the side street are prohibited. Up to 40 percent of the length of the building perimeter can be exempted from this standard if oriented toward loading or service area. E. Building Materials 1. A maximum of 10 percent of architecturally finished metal can be used as an accent material or for embellishments on buildings classified as nonresidential uses.333 2. Buildings shall include changes in relief such as columns, cornices, bases, fenestration, and fluted masonry, for at least 15 percent of the exterior wall area. F. Streetscape Hardscape (paving material) shall be utilized to designate "people" areas. Sample materials could be pavers, scored and colored concrete, grasscrete, or combinations of the above. 331 Revised from "within 30 feeY' to "facing." 33z New. 333 DISCUSSION ITEM: Should the allowance for metal as a building material be increased (e.g., 20-25 percent) for buildings in the MN ad MD districts? Denton, Texas - Denton Development Code 115 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a�l'� IF��irii�ir 11,,.6ce�IM�6imce� 6.11.1 Purpose Commentary: This section replaces current Subsection 35.13.12: Light and Glare Performance Requirements, and contains the standards for exterior lighting requirements including types of lighting, illumination requirements, and dimensional requirements. The current DDC is extremely brief on lighting regulations, so many of the standards in this section are new. The new lighting standards require submittal of a lighting plan to provide stafF adequate review materials for compliance and enforcement. It is important for the City to consider its ability to efFectively administer and enforce these new standards, as well as to coordinate review with all departments interested in lighting on both private and public property. �� I��I�� The purpose of this Section 6.11 is to ensure that vehicle circulation areas, pedestrian areas, parking areas, public gathering spaces, and other areas have adequate outdoor illumination to provide safety at night, while limiting the negative impacts of outdoor lighting nuisance on adjacent properties. �m� � m2 ��Illiii��l�iiillliir�y��' A. The exterior lighting requirements apply to all new development and new buildings on previously developed lots unless exempted in paragraph 6.11.3. B. For multifamily and nonresidential developments, the applicant shall demonstrate compliance with this section through a detailed lighting and photometric plan submitted with applicable development application, building permit, and/or electrical permit requirements. �m� � m3 I��i�m��iii�i�m�::�::�, The following types of exterior lighting are exempt from the requirements of this section, provided they shall not create glare to motorists or result in light trespass onto adjacent properties: A. Holiday Lighting 1. Temporary winter holiday lighting illuminated from November 1 to March 1 is allowed in mixed-use and nonresidential zoning districts;338 2. Residential zoning districts may use holiday lighting any time of year; and 3. Holiday lighting shall not exceed one foot-candle at any property line, except where the property line is adjacent to walkways, driveways, and streets. B. Single-Family Detached, Duplex, and Townhouse Uses 1. Soffit or wall-mounted lights permanently attached to the dwelling shall be exempt from the exterior lighting regulations, provided the lights do not exceed the height of the eave; and 33' Replaces current 35.13.12, Light and Gfare Performance Requirements. 33s New. 336 Replaces first sentence of 35.13.12 Current lighting standards apply to all developments other than single-family uses. 33' New. 33s Added mixed-use. Denton, Texas - Denton Development Code 116 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a�l'� IF��irii�ir 11,,.6ce�IM�6imce� 6.11.4 Standards Applicable to All Development 2. Such lights shall be downcast and directed away from abutting properties. C. Mixed-Use, Corridor, and Other Nonresidential Zoning Districts 1. Twinkle lighting located on trees, bushes, or landscape features; and 2. Bistro lighting. D. Special Events Special events that have been issued a temporary use permit. E. Lighting Required by FAA or FCC Lighting required by the Federal Aviation Administration or the Federal Communications Commission. F. Underwater Lighting Underwater lighting used for the illumination of swimming pools and decorative water fountains shall not be subject to this Section 5.8, though they must conform to all other provisions of this Code. G. Lighting Required by Building Code Any lighting that is required by the building code for life safety purposes such as stairway lighting, walkways, and building entrances, shall not be prohibited by this section, but shall be subject to the lighting standards. �m� � m� ��i�m�'�i�°�'� ��Illiii��lblll� �� IIIIII I ��Ill��i�m�i�m��"� The following standards apply to all development unless specifically exempted in Subsection 6.11.3. A. Except in the RC, Rl, R2, and R3 zoning districts, sidewalks, internal pedestrian paths, and bicycle paths shall be lit with full cutoff shielded and downcast fixtures no more than 16 feet tall and providing consistent illumination of at least one foot-candle on the walking surface. B. Lighting along public rights-of-way and landscaped areas for a specific development shall be designed uniformly. C. Light spillover onto adjacent properties shall not exceed one foot-candle at any property line, except where the property line is adjacent to walkways, driveways, and streets or in nonresidential developments comprised of multiple lots, and when state and federal regulations apply.. �m� � m a I��iirlN�iiii�m� i�°�� I�iii�ll'��iiii�m�::�� A. Pole Height Parking area lighting fixtures shall not exceed 25 feet in height. B. Shielding of Lights 1. Parking area lighting shall be full cutoff shielded and downcast fixtures.341 2. The source of light on any fixtures on a nonresidential use adjacent to a single-family, duplex, or townhouse use shall be shielded from sight. 339 Mostly new standards. Taken from current 35.13.12. Did not carry forward current 35.13.12.A. 3'o New. 3'1 Replaces current 35.13.12C. Denton, Texas - Denton Development Code 117 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards �a�l'� IF��irii�ir 11,,.6ce�IM�6imce� 6.11.6 Building Lighting 3. Lighting fixtures for canopies or similar structures shall be flush-mounted or recessed above the lower edge of the canopy. C. Illuminance 1. Maintained average illuminance values in commercial and multifamily parking areas shall be no less than two foot-candles. 2. The acceptable uniformity ratio for lighted areas shall comply with recommended ranges adopted by the International Engineering Society of North America (IESNA) for low, medium, and high activity areas. D. Hours of Lighting A maximum of 25 percent of the parking lot lighting fixtures may remain in operation from one hour after business closing to one hour before business opening to provide necessary security. During such time period, the average illuminance values in paragraph 6.11.5C do not apply. �� I��uiiilll�'iiii�� IU�iiigll'rm��iiii��.� A. Location and Direction 1. Except for decorative lighting, building-mounted lights shall be installed so that all light is directed downward. 2. Wall packs and similar lights shall be prohibited unless the cutoff angle effectively eliminates glare from beyond the property lines. B. Decorative Lighting Decorative lighting shall be permitted provided all light is cast against the building surface. �m� � m'7 ��iir�� IV�iii�ll'��iiii�m�::��::� A. Street lights shall be installed by the developer for every new development as determined by the Director to protect the public health, safety, and welfare of the site and/or surrounding neighborhoods. B. All fixtures shall be compatible with the character of the neighborhood and City as a whole, as determined by the Director. C. All street lighting fixtures shall be full cut-off and designed to direct lighting below a 90-degree horizontal plane extending from the lowest point of the light source. D. All street lighting fixtures shall be designed and constructed to minimize or eliminate the direct visibility of the light source and so that they do not cast or reflect light on adjacent properties. 3'z New. 3'3 New. DISCUSSION ITEM: Coordination with public utilities and other departments is important when reviewing these standards. Further discussions are taking place with Denton Municipal Electric (DME) regarding street lighting standards . Denton, Texas - Denton Development Code 118 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� � IF'Il��irii� ��im�k�ir�� 6.12.1 Purpose Commentary: This section includes the requirements for electric standards from current Subchapter 24, Electric Standards, and has been carried forward with minimal revisions. Content related to administration and procedures has been updated to reference the content from Module 2: Administration and Procedures. �m� 2m� I�u�l�� The purpose of this Subchapter is to provide basic criteria and standards for the development and maintenance of electric transmission lines, distribution lines, substations, and switch stations. These reasonable regulations serve to preserve the integrity of adjacent impacted lands and to prevent imminent destruction of property or injury to persons, while ensuring that these mitigating actions conform to the comprehensive plan and DDC. These regulations further serve to protect the health, safety, and general welfare of the public and to accomplish the orderly and practical development of electric utilities, and to achieve the following broader objectives: A. To protect and promote the public health, safety and general welfare of the community. B. To define and establish the minimum clearances that will safeguard persons against electrical hazards during the installation, operation, maintenance and replacement of electric supply lines, electric substations and electric switch stations. C. To adopt the most current National Electrical Safety Code, as amended (NESC) and the most current North American Electric Reliability Corporation Critical Infrastructure Protection, as amended (NFRC, CIP). �� 2�2 ��iir��iir�lll I��iiigiir� ��i��i�°��y A. All applicable electric industry practices and guidelines set forth in the National Electrical Safety Code, as it may be hereafter amended (NESC) are hereby adopted and shall apply to electric transmission lines, distribution lines, substations, and switch stations. To the extent that this Ordinance conflicts with standards adopted in the NESC, the more restrictive standards shall apply. B. All applicable protection standards set forth in the North American Electric Reliability Corporation Critical Infrastructure Protection Standards (NERC CIP), in its most current version, are hereby adopted and shall apply to electric transmission lines, distribution lines, and substations. To the extent that this Ordinance conflicts with standards adopted in the NERC CIP, the more restrictive standard shall apply. C. Adequate consideration shall be given to the selection to include route evaluation, topography, drainage, size in relation to setbacks, roadway access, distances to residences/schools/businesses, existing trees, unique ecology, and sensitivity to cultural resources in conformance with the DDC, NERC CIP and NESC standards, Electric Service Standards, and other local, State, and/or Federal law. 34 Previously Subchapter 24, Efectric Standards. Definitions were moved to Subchapter 8: Definitions, to maintain all definitions in one place 3's Renamed heading from "general regulations." Denton, Texas - Denton Development Code 119 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� � IF'Il��irii� ��im�k�ir�� 6.123 Transmission Line Clearance Standards D. A development plat shall be required for proposed substation and switch station sites in accordance with the requirements established in Texas Local Government Code Ch. 211, Subchapter B and the DDC. E. Unobstructed and adequate space shall be provided for all clearance areas required by this subchapter that will allow ingress and egress for utility-related personnel and equipment to perform operations, maintenance and replacement of electric supply and communication lines. Such clearance provision shall be included in the design and construction when real property is developed or altered. Such clearance areas shall be recorded by the property developer or by the record owner on subdivision plats; or shall be evidenced by written instrument, duly recorded, in the Public Records of Denton County, Texas. F. Regulations contained herein are intended to supplement any regulations contained in the Denton Code of Ordinances, Chapter 26, Uti(ities, and not to replace such existing regulations. �� 2�� "'lll"iir�i��immmiii��iii�i� ILiiiiir�� Ill��i�°�iir�� i��iir�'� A. New Electric Transmission Lines 69kV Transmission Lines A minimum of 60-foot wide electric transmission clearance easement is required on real property affected by 69kV electric transmission lines, said clearance easement being more specifically required as being a minimum of 30 feet from either side of the centerline of the particular transmission pole(s). Clearance criteria in the National Electric Safety Code may require greater clearance widths in some instances. 138kV Transmission Lines A minimum of 75-foot wide electric transmission clearance easement is required on real property affected by 138kV electric transmission lines, said clearance easement being more specifically required as being a minimum of 37.5 feet from either side of the centerline of the particular transmission pole(s). Clearance criteria in the National Electric Safety Code may require greater clearance widths in some instances. B. Existing Electric Transmission Lines For existing transmission lines and for transmission lines being constructed or reconstructed in developed areas, the utility may elect to perform NESC analysis and calculations to determine if safe and adequate reduced easement widths can be utilized in lieu of the standard sixty- and seventy-five-foot widths as stated above. A. New Electric Distribution Lines Operating at 13.2kV/7.62kV Grounded Wye Additional electric distribution service and clearance requirements are further defined within the Electric Service Standards. 1. A minimum of 35-foot wide electric distribution clearance easement is required on real property affected by 13.2kV/7.62kV Grounded Wye electric distribution lines, said clearance easement being more specifically required as being a minimum of 17.5 feet from either side of the centerline of the particular distribution pole(s). 2. Clearance criteria in the National Electrical Safety Code may require greater clearance widths in some instances. Denton, Texas - Denton Development Code 120 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� � IF'Il��irii� ��im�k�ir�� 6.12.5 Electric Substation and Switch Station Design Standards B. Existing Electric Distribution Lines For existing distribution lines and for distribution lines being constructed or reconstructed in developed areas, the utility may elect to perform NESC analysis and calculations to determine that safe and adequate reduced easement widths can be utilized in lieu of the standard 35 foot width state above. �m� 2m� I�III��i�°iii� �u�lb��iii�ii� �ii�� iir��l�m ��iii�ii� I��iii�ii� ��i�m�'�iir�� A. Generally 1. Standards in this subsection require a basic level of architectural variety, compatible scale, and mitigation of negative impacts. 2. Where the following provisions are silent, the regulations of Subchapter 6: Deve(opment Standards, will apply.346 B. Screening 1. Generally a. All screening shall comply with the minimum standards set forth in NERC CIP and NESC. However, to the extent this Code provides a stricter requirements, this Code controls. b. Screening is required to obstruct, to the greatest extent possible, internal substation or switch station components from view of the public rights-of-way. 2. Screening Wall A minimum 10 foot masonry wall is required around the perimeter of the substation or switch station to screen the view from public rights-of-way and adjoining properties. 3. Landscaping a. A minimum 10 foot wide landscape area shall be provided beginning at a distance no greater than 10 feet from the required screening wall. b. Three small ornamental trees and 15 low growing shrubs shall be provided for every 30 linear feet. Required landscaping may be planted in regular intervals or in clusters. c. Landscaping shall not interfere with the physical security of the site pursuant to NERC CIP. 4. Gates a. Gates shall be provided at all entrances. b. Wrought Iron or similar metal gate shall be permitted for the gate material so long as the gate is not situated directly across from a residence. Chain link material is not permitted in any case. c. If the gate is situated directly across from a residence, then it shall be constructed of opaque or semi-opaque material to provide reasonable screening to the interior of the substation or switch station from public view. 3'6 Updated reference from "Subchapter 13, Site Design Standards." Denton, Texas - Denton Development Code 121 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� � IF'Il��irii� ��im�k�ir�� 6.12.5 Electric Substation and Switch Station Design Standards C. Buffering Buffers are required to minimize potential nuisances such as noise, light, glare, and litter between substations or switch stations and other abutting land uses. 1. Substations or switch stations abutting any property other than an industrial zoning district, shall provide a 20 foot planted strip along the common boundary that includes a combination of five evergreen and deciduous trees and 30 shrubs per 100 linear feet. 2. Where a buffer and 10 foot landscape area are both required, the buffer shall be provided in lieu of the landscape area. 3. When located within the Clearance Zones, low growing shrubs and ornamental trees shall be utilized to meet the requirements of this section. 4. Buffering shall not be required when a substation or switch station abuts property in an industrial zoning district. D. Tree Standards34' Street Trees Street trees are required in accordance with paragraph 35.13J.C, as amended. Street lights may be used in lieu of any required street trees provided they are of the same number and spacing required. Tree Code Electric substations and switch stations associated with a City Council approved Capital Improvements Plan (CIP) or other City Council approved Master Plan is exempt from requirements of paragraph 35.13.7.A.2.c.v, as amended. E. Tree Canopy Coverage Tree canopy coverage is required in accordance with Subsection 35.13J, as amended, but shall not be located within the Clearance Zone as prescribed in 6.12.5G. In determining the landscape area for the site, only the area located outside the screening wall shall be considered. F. Access and Transportation Access and transportation into and around the site should be provided to minimize the impacts on adjacent properties, intersections, and the overall street system. Access to the site should be carefully considered to limit the number of entrances that allow greater visibility into the site, while simultaneously allowing for adequate maneuvering of trucks and other heavy equipment necessary to construct, operate, and maintain the site. The following access and transportation standards shall be applicable. 1. Driveways shall be located on the perimeter streets of the lowest classification unless the only reasonable means of providing safe and adequate access to the property, as determined by the City Engineer, is to access a street of higher classification. 2. Driveways shall be located so as not to be directly across from the front yards of residential structures or uses, unless otherwise agreed to by the Director of Development Services or his/her designee. 3. No more than two driveways shall be located on each perimeter street. 34 References highlighted in yellow will be removed and/or updated when the Tree Preservation ordinance has been adopted. Denton, Texas - Denton Development Code 122 Module 3- Development Standards- Public Draft-April 2018 Subchapter 6: Development Standards ��'� � IF'Il��irii� ��im�k�ir�� 6.12.5 Electric Substation and Switch Station Design Standards 4. Driveway separation is subject to the Transportation Criteria Manual. 5. Driveways shall be constructed of concrete from the back of edge of the curb to the entrance gate of the site. Gravel is not a permitted driveway material for any driveway outside of the site's perimeter screening wall. 6. Sidewalks shall be required in accordance with Section 6.8: Access and Circu(ation and the Transportation Criteria Manual. G. Clearance Zones 1. A 20 foot clearance zone around the perimeter screening wall free of climbing aids is required to protect the security and safety of the site. 2. Landscaping may be placed within the Clearance Zone so long as it will not mature to adequate height, if properly maintained, to scale the perimeter wall. 3. The safety clearance to the perimeter screening wall is depicted as follows: a. Parking i. No parking spaces are required. ii. If provided, parking spaces outside the screening wall shall be screened per Subchapter 35.13.10.C. b. Miscellaneous Standards The following development standards shall comply with NESC and/or NERC CIP standards as applicable and as amended: i. Height; ii. Noise; iii. Voltage Limitations: iv. Warning Signs; v. Lighting; vi. Internal Illumination: vii. Vibration: viii. Electric Interference; and ix. Other development standards established by NERC CIP as amended. H. Minor Modifications34$ Minor modifications on a site plan may be approved by the Director pursuant to Subsection 2J.2: Minor Modification. 3's Replaces current 35.24.1.5.A and B to reflect the updated procedures for a minor modification found in 2.7.2. This also changes the appeal authority for such modification from the P&Z to the BOA. Current 35.24.1.5.B requires any modifications (other than buffering or screening) to be heard by the P&Z. The minor modification procedure would not require P&Z review or approval. Did not carry forward 35.24.1.5.0 or D; these standards are addressed in Subsection 2.4.1, Site Pfan Review. Denton, Texas - Denton Development Code 123 Module 3- Development Standards- Public Draft-April 2018 I �. . : � / � ' � � ,,�.� Commentary: This subchapter includes standards for designing new subdivisions of land and the associated required public improvements from Subchapter 16: Subdivisions. There are several instances where content from this subchapter overlaps with the content in Subchapter 6: Development Standards and the City's Design Criteria Manuals. Further discussion is required to determine the best place for this content. Technical information we propose to be relocated to an administrative manual or criteria manual is noted in the footnotes. As recommended in the Assessment Memo, we introduced specific flag lot standards as well as optional cluster subdivision standards. Further commentary on cluster subdivisions is in Subsection 7.3.4. This subchapter establishes standards that regulate the subdivision of property in order to: A. Facilitate the orderly growth and harmonious development of the City and to protect and promote public health, safety, and welfare; B. Provide lots and parcels of sufficient size and appropriate design for the purposes for which they are to be used; C. Protect the natural environment; D. Promote the use of good design, landscape architecture, and civil engineering to preserve and enhance natural features, watercourses, drainage ways, floodplains, native vegetation, and trees; E. Provide safe ingress and egress for vehicular and pedestrian traffic; F. Ensure safe and efficient traffic circulation through coordinated street systems with relation to major thoroughfares, adjoining subdivisions, adjoining streets, and public facilities; G. Provide adequate water supply, sewage disposal, storm drainage and other utilities and facilities; H. Provide for adequate sites for schools, recreation areas, and other public purposes; I. Protect or enhance real property values; J. Facilitate the transfer of lands having accurate legal descriptions and to establish and assure the rights, duties and responsibilities of subdividers and developers with respect to land development; K. Ensure that the costs of providing the necessary rights-of-way, street improvements, utilities and public areas and facilities for new developments are borne fairly and equitably; and L. Encourage the clustering of dwellings and other structures to preserve open space, minimize adverse visual impacts, minimize public infrastructure costs, and prevent public safety hazards; and M. Provide a common ground of understanding and an equitable working relationship between public and private interests, so that both independent and mutual objectives can be achieved in the subdivision of land. 349 The contents from current 35.16.19: Gas Weff Devefopment Pfat will be included in the consolidated draft in the procedures. 3so Replaces current 35.16.2. We have also introduced new statements to reinforce the purpose of the subdivision subchapter. Denton, Texas - Denton Development Code 124 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions 1��. ��Ilii��lh�6116�� 7.2.1 Territorial Jurisdiction Commentary: This section includes the framework for when the subdivision regulations apply in Denton, and has largely been carried forward with minimal revisions as noted. '7�2�� "'lll"�i�i�iir��i�iii�lll ��uiiriii��'iii��iii�iir��m A. Generally 1. This subchapter shall apply to all land and all developments within the territorial jurisdiction of the City of Denton, except as otherwise provided for in this subchapter. 2. The territorial jurisdiction of the City shall be defined as follows: a. The area within the corporate limits of the City; b. The area within the extraterritorial jurisdiction (ETJ) of the City; and c. Any other area to which the provisions of this subchapter are made applicable in accordance with and as permitted by federal, state or local law. B. Land Included Except where otherwise specifically provided for in this subchapter, all the provisions of this subchapter shall apply to the following lands located within the territorial jurisdiction of the City: 1. Any tract of land which has not been recorded by plat in the plat records of Denton County, Texas, and which is intended to be sold, leased, or otherwise subdivided from another tract of land or which is intended or proposed to be used for the purpose of development. 2. Any tract of land which has been recorded as a lot or block by plat in the plat records of Denton County, Texas; prior to and upon which no development has been constructed or placed prior to the effective date of this subchapter. 3. The division of any previously platted lot into two or more parts. 4. The removal of one or more lot lines of any platted lot so as to permit the combining of two or more contiguous platted lots into one or more new lots. '7m2m2 I��i�°��iiriiriir��iiriii�lll ,�u�i�°iii��iii��iii�i�m.�.�z A. Official Regulatory Map 1. The extraterritorial jurisdiction of the City of Denton is classified into two divisions as indicated on the City of Denton Extraterritorial Jurisdiction map on file in the Development Services Department. 2. The Development Services Department is directed to consider amendments to the regulatory line map3s3 whenever the certificate of public convenience and necessity for water and wastewater services is amended by the state or when directed by the City 3s1 Previously 35.163. asz From current 35.16.4.D. Replaced "Planning and Development DepartmenY' references with "Development Services Department." 3s3 Will update with specific name/cross-reference with the consolidated draft. Denton, Texas - Denton Development Code 125 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions 1��. ��Ilii��lh�6116�� 7.23 Exemptions Council. Any amendments shall not be effective until the revised regulatory line map is approved by the City Council. B. Division 13s4 All subdivisions and developments within Division 1 are subject to all of the standards of this subchapter. C. Division 23ss Subdivisions and developments within Division 2 are not subject to the standards of this subchapter, but shall be subject to the standards of the County of Denton and state law, as amended. '7�2�� I��immm��iii�i�� Prior to the subdivision, resubdivision, or development of any land within the City, or its extraterritorial jurisdiction, all plans, plats, and construction plans for public improvements shall first be approved in accordance with these regulations, except as follows: A. The division of land into two or more parts, other than for purposes of development, if the smallest resulting parcels, tract or site is 5 acres357 or larger in size. B. Development on a single tract which was subdivided prior to January 1, 1960, and for which extension of streets or public improvements (excluding sidewalks) are not required to support the proposed development. C. Construction of additions or alterations to an existing building where no drainage, street, utility extension or improvement, additional parking or street access changes required to meet the standards of this subchapter are necessary to support such building addition or alterations. D. Construction of accessory structures or fences.3sa E. Dedication of easement or right-of-way by separate document recordable in the County records if approved by City. F. Cemeteries complying with all state and local laws and regulations. G. Divisions of land created by order of a court of competent jurisdiction. H. A change in ownership of a property through inheritance or the probate of an estate. '7m2m� ��i�m��llliii�ii�� ii��' IEi�m��iir��i�m�ii��::�� A. It shall be unlawful for any person to begin, continue, or complete any development on any land within the territorial jurisdiction of the City to which the provisions of this subchapter applies, except in accordance with and upon compliance with the provisions of this subchapter. B. Except as otherwise authorized by Section 35.16.6, the City shall not issue a building permit or certificate of occupancy required by any subchapter of the City for any land located within the 3s' From current 35.16.4.D(1)(a). Reworded for grammar and clarity. ass From current 35.16.4.D(1)(b). Reworded for grammar and clarity. 3s6 From current 35.16.6.A. If staff moves forward with this option, these exemptions will be coordinated with those found in Module 2. 3s' Currently 40 acres. Further discussion with city attorney to determine if this revision to the exemption is consistent with TLGC. ass New. 3s9 previously 35.16.6. Denton, Texas - Denton Development Code 126 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions 1��. ��Ilii��lh�6116�� 7.2.5 Platting Requirements corporate limits to which this subchapter applies, until and unless there is compliance with this subchapter. C. The City may refuse to authorize or make utility connections on the grounds set forth in Tex. Loc. Gov't. Code § 212.012, as amended. D. No improvements shall be initiated until the approval of the City has been given. Disapproval of a final plat by the City shall be deemed a refusal by the City to accept offered dedications shown thereon. E. Approval of a final plat shall not be deemed an acceptance of the proposed dedications and shall not impose any duty upon the City concerning the maintenance or improvement of any such dedicated parts until the proper authorities of the City have both given their written acceptance of the improvements and have actually appropriated the same by entry, use, or improvements. '7�2�5 I�III��iiii�g I��,�uiiii��iirmm�i�� A. Division of Property36' 1. No land may be subdivided or platted through the use of any legal description other than with reference to a plat approved pursuant to the procedures established in Section 2.5, Subdivision Procedures, and in accordance with the standards in this Code. 2. Excepting agricultural leases, no land described in this subchapter shall be platted or sold, leased, transferred or developed until the property owner has obtained approval of the applicable plat pursuant to the procedures established in Section 2.5, Subdivision Procedures, and in accordance with the standards in this Code.36z 3. No person shall transfer, lease, sell or receive any part of a parcel before a conveyance plat or final plat of such parcel and the remaining parcel has been approved pursuant to the procedures established in Section 2.5, Subdivision Procedures, in accordance with the standards in this Code, and filed with the county clerk. 4. The subdivision of any lot or any parcel of land, by the use of inetes and bounds description for the purpose of sale, transfer, lease or development is prohibited. B. Permits for Construction Activity or Public Improvements363 The City shall not issue permits for any construction activity or allow any public improvements for a development until a plat is approved and filed of record and all public improvements have been accepted (if applicable) except as provided in Section 7.2, App(icabi(ity, or for a plot or tract conveyed prior to January 1, 19603�` and remaining in the same configuration, or for the following: 36o Previously 35.16.6.B; 35.16.6.C; 35.16.6.E; and 35.16.6.F. 361 Current standards. 36z Removed list of specific plat types (preliminary plat, final plat, development plat, and conveyance plat) and replaced with "plat." Did not carry forward general development plan, as this procedure was not included in Module 2. 363 Replaces current 35.16.6.D and 35.16.20.F. Relocated "definitions applicable to all exceptions" to Subchapter 8: Definitions. 36' Date taken from 35.16.6.A for consistency. Denton, Texas - Denton Development Code 127 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions 1�:3 �a�ulk��ii�6�ii�im 1��6ce�im S��irn��ir�� 7.2.5 Platting Requirements Model Homes36s A developer may construct no more than four model homes within a single-family detached, duplex, or townhome development phase containing public improvements that have not yet been finally accepted, provided that: a. All off-site, drainage or regional improvements have been installed, inspected and accepted; b. Each model home is inspected and found to meet all building, plumbing and fire code requirements prior to being opened to observation by the public; c. The home will not be sold or occupied as a dwelling unit until all public improvements within that phase have been completed and accepted by the City; and d. The homes comply with Section 6.3, Land Disturbing Activities. Multi-Family or Nonresidential Development366 Upon application and satisfaction of the following conditions, together with other Code and Criteria Manual requirements otherwise applicable to full building permits, the Building Official may issue a building permit for multi-family or non-residential development to allow for limited construction subject to the following: The applicant shall complete installation of all drainage and other regional improvements, including off-site improvements. This requirement may be satisfied by constructing temporary drainage improvements (such as detention ponds) that, in the opinion of the City Engineer, are adequate to offset the decrease in permeable surface of the permitted phase of development and prevent harm to downstream properties, pending completion and acceptance of required permanent regional improvements for drainage. The applicant must enter into an agreement with the City, in a form approved by the City Attorney, which indemnifies and holds the City harmless for any failure of the applicant, owner, or builder to obtain necessary access and drainage easements and permits, or to build needed offsite improvements; and c. A building permit issued in this manner may be withdrawn upon failure to meet any imposed condition, as set forth in Section 1.6, Enforcement. The applicant shall install and demonstrate proper function of fire hydrants and all- weather access improvements for fire apparatus required by the Fire Code and Chapter 29 of the Denton Code of Ordinances367, prior to any construction above slab. The applicant complies with Section 6.3, Land Disturbing Activities. 36s Replaced "single-family residential or duplex developmenY' with "single-family detached, duplex, or townhome developmenY' to be consistent with terminology used in Module 1. 366 Reworded content for grammar and clarity. 36' This reference does not exist, and shall be updated with the consolidated draft. Denton, Texas - Denton Development Code 128 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions 1�:3 �a�ulk��ii�6�ii�im 1��6ce�im S��irn��ir�� 73.1 General Commentary: This section includes the design standards for how lots, blocks, and streets are organized in a subdivision. As recommended in the Assessment Memo, we introduced specific flag lot standards as well as optional cluster subdivision standards. The cluster subdivision tool is new to Denton and provides an alternative subdivision option to allow flexibility in lot design and layout if sensitive lands and/or open areas are protected. Further discussion is required on whether or not cluster subdivisions should be limited to specific zoning districts as proposed, and whether or not the tool should be required in some cases (e.g., in high-hazard areas). Several new standards are introduced in this section which requires further coordination with City departments and staff. '7�� iir��iir�lll�� A. Every subdivision shall comply with all other ordinances and regulations of the City and the Tex. Loc. Gov't. Code. B. Public infrastructure shall be constructed in accordance with City of Denton Criteria Manuals or, if no standard or specification can be found, then the standard or specification used shall be subject to approval by the City Engineer. '7��2 I�� I�Ill�iir�iir�iiiiir�g A. General369 The size, shape, and orientation of lots shall be appropriate to the location of the proposed subdivision and to the type of development contemplated. The following lot design standards shall apply to all subdivisions: 1. All lots created through the subdivision process shall be developable and conform to the minimum zoning, development, and floodplain standards stated in this Code. No subdivision shall create lots that prohibit development due to configuration of the lots, steepness of terrain, location of watercourses or floodplain, natural physical conditions, or other existing conditions, except when in conflict with ESA regulations. 2. The minimum area and dimensions of all lots shall conform to the requirements of Subchapter 3: Zoning Districts and Subchapter 6: Deve(opment Standards relating to the zoning district in which the lot is located. This subsection does not apply to planned developments. Modifications may be granted pursuant to paragraph 7.3.2D of this subsection.3'o 3. Side lot lines shall be at right angles or radial to street lines, except where other terrain makes such design impractical. 4. Double frontage lots may be allowed; however, driveways are only permitted on one frontage.3'1 5. Flag lots and other irregularly shaped lots are discouraged. 36s New. 369 New unless otherwise noted. Did not carry forward 35.16J.0 regarding "facing." 3'o Replaces current 35.16.7. 3'1 From current 35.23.2 definition for "lot, double frontage." NOTE: Revise "lot, double frontage" definition from Module 1 in the consolidated draft to remove the last sentence. Denton, Texas - Denton Development Code 129 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions 1�:3 �a�ulk��ii�6�ii�im 1��6ce�im S��irn��ir�� 73.2 Lot Planning 6. Corner lots may be required to be wider than interior lots to facilitate conformance with setback requirements. 7. No lot shall be divided by a city, county, school district, or other taxing agency boundary. 8. Lots shall not be divided by a zoning district boundary. 9. Each residential lot shall have a minimum of 15 feet of frontage along an existing or proposed public street except as provided in paragraph 7.3.2C.2. 10. Each mixed-use and nonresidential lot shall have a minimum 20 feet372 of frontage along an existing or proposed public street except as provided in paragraph 7.3.2C.3. B. Drainage3'3 Lots shall be designed and located to provide positive drainage away from all buildings and shall comply with the standards in Section 6.5: Drainage. C. Access374 Generally Each lot shall be provided with adequate access to an existing or proposed public street. b. Development adjacent to existing public streets shall include the required improvements in accordance with the City's perimeter street policy. c. At least two points of vehicular access into the proposed subdivision shall be provided, where feasible, unless it can be shown to the satisfaction of the City Engineer that legal, topographical, and/or engineering constraints preclude such 375 access. Single-Family Residential Private Drive3'6 Up to three single-family detached or townhome residential dwelling units may access a public road by means of a flag drive within a private access easement as provided in the Transportation Criteria Manual. Each residential lot shall have a minimum of 15 feet of frontage on the private access easement. Mixed-Use and Nonresidential Drives37 Lots within a subdivision or addition that is surrounded by developed property making it unfeasible to provide street connectivity, do not have to abut a public street if such lots have access to a public street by a public access and fire lane easement approved by the City. Such easement shall be at least 24 feet wide and constructed, marked, and maintained to meet the standards for parking lots as contained in the Transportation Criteria Manual and for fire lanes as contained in the Fire Code. 3'Z Will be coordinated with minimum lot widths for zoning districts with consolidated draft. 3'3 New. 37 From current 35.16.7.B. 3's New. 3'6 Replaced "single-family" with "single-family detached or townhome" to be consistent with terminology used in Module 1. 37 This requires further discussion with engineering to determine if easements are appropriate means of access or if street extensions would be required. Denton, Texas - Denton Development Code 130 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions 1�:3 �a�ulk��ii�6�ii�im 1��6ce�im S��irn��ir�� 733 Block Layout c. The stacking requirements for public streets shall apply to the public access and fire lane easement at the point where it intersects with a public street. d. In addition, the public access and fire lane easement shall be considered a driveway or curb cut access to the public street for all such lots. e. Each non-residential lot shall have a minimum 20 feet of frontage on the public access and fire lane easement. 4. Drilling and Production Site Access378 Truck traffic related to gas well drilling and production shall not be allowed to use a plat's neighborhood streets to access a gas well drilling and production site. In addition, no plat shall be allowed to eliminate or alter an access road or easement depicted on a gas well development plat or gas well development site plan, unless written consent of the gas well operator is obtained and a separate access road or easement on the plat is provided for access to a drilling and production site. D. Common Area and Facilities3'9 Such area shall be noted on the plat and also have filed with the county homeowner's association covenants approved by the City Attorney or other arrangements for permanent maintenance of these areas and facilities as may be approved by the decision-making body. E. Flag Lots380 1. Notwithstanding any other provision of this Code, the width of the flagpole portion of a flag-shaped lot shall be no less than: a. Thirty feet when both public water and sewer systems are to serve such a residential lot. Forty feet when both public water and sewer systems are to serve such a commercial or industrial lot. c. Twenty-four feet when only a public water or a public sewer system is to serve such a lot. d. Twenty-four feet when the lot will not be served by a public water or public sewer system. 2. The length of the flag pole portion of the lot shall not exceed 300 feet and shall comply with all other standards and measurements of this Code and other regulating agencies. 3. Flag lots where the length of the flag pole portion exceeds 150 feet shall provide a permanent turn-a-round approved by the City Engineer and the Denton Fire Department. 378 Previously 35.16.7.F. Few minor grammatical changes, no major substantive changes are proposed. 379 From current 35.16J.D. Replaced "Planning and Zoning Commission" with "decision-making body." 3so New. These standards require further coordination with engineering, public works, fire, and police to ensure the proposed dimensions are acceptable. Denton, Texas - Denton Development Code 131 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions 1�:3 �a�ulk��ii�6�ii�im 1��6ce�im S��irn��ir�� 733 Block Layout '7�� I�III��I� IL��u'�� A. Block Length Residential blocks shall not be less than 300 feet nor more than 660 feet in length. The city may approve a longer block length when necessary to accommodate natural features such as steep slopes, environmentally sensitive lands, and pedestrian linkages. B. Block Arrangement Blocks shall have sufficient width to provide for two tiers of lots of depth meeting the minimum requirements of this Code, except where lots back onto a collector or greater street, natural feature, or subdivision boundary, or where lots face an approved cul-de-sac. '7�� Ill�u��iir ��ul��'iiiariii�iii�i�� Commentary: This proposed tool is new to Denton. The Assessment Memo recommended drafting a new alternative subdivision option to allow flexibility in lot design and layout if sensitive lands and/or open areas are protected. This draft proposes application of the cluster subdivision tool in residential and mixed-use districts. Further discussion is required on whether or not cluster subdivisions should be limited to specific zoning districts as proposed, and whether or not the tool should be required in some cases (e.g., in high-hazard areas). A. Purpose This section provides optional standards for cluster subdivision development to protect sensitive lands and common open space areas, and to implement the comprehensive plan and/or adopted area plans. A cluster subdivision is a residential or mixed-use subdivision in which some or all of the lots are allowed to be smaller (in area and width) than otherwise required for the underlying zoning district, and thus allowing flexibility in development density in those areas in exchange for permanent protection of ESA lands and/or common open space. B. Applicability 1. The cluster subdivision option is available in all residential, mixed-use, and corridor districts as identified in Table 3.1-A: Zoning District Designations. 2. The minimum parcel size for a cluster subdivision shall be at least three acres. 3. All other standards in the DDC shall apply to cluster subdivisions unless modified by the cluster subdivision standards in this Subsection 7.3.4. 4. In the case of conflict between the provisions of Table 7.A: C(uster Subdivision Standards and any other portion of this code, the provisions of this Table 7.A: C(uster Subdivision Standards shall govern. C. Cluster Subdivision Standards The standards for cluster subdivision lots are established in Tab(e 7.A: C(uster Subdivision Standards below. The measurements and exceptions in Section 3J shall also apply to cluster subdivision lots unless otherwise stated in Table 7.A: C(uster Subdivision Standards. 3s1 New. Denton, Texas - Denton Development Code 132 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions 1�:3 �a�ulk��ii�6�ii�im 1��6ce�im S��irn��ir�� 73.4 Cluster Subdivisions � ;,,, „ � ��v�� , „ � T�bre 7�A: �liu��e� �ub�i�ri��n'��r�d�r+�� ,,,, „ , „ , , ,,, ,,, , ,,,,�� „ ,, ��,,, ��, �� / � , , , ,, ; iiii i ��,,, „r ii ii , ii , oi , ,, � � / , / /,�ii// .. „iii�, //,,,,. >// /,,,i, %/ ✓ „% / p��f ��iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii�..... �� T „ ; ,,,% »...... " ��, ` � ,,,i� i � � ij� // ///////////lf/////////lqf/////// ////////// i irrrirrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrirrrrrrrrrrrrrrrrii €i ii;ii��/�i��i�iiiiiii�iiiiiiiiiiiiiiiiiii/iieiiiiiii�iiiiiiiii„ �i��i/'/Ti/�J��/��iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii,�<,. .� ��.� : • ' • . •11 " 1 1 1 1�•1 • ' 11 • . ' " ' • • 1 -- ' • •�. • • • • •. • • •. - •- •- • -• • • • •- • • • • -• •- . • .• . • . • • • • •- . •- . -- • •.�-• • • • • • •- - •�-• • • • • • •- • • •• . .- -.•- •-- .• -.. •. •. . D. Identification and Maintenance of Protected/Conserved Lands 1. Protected/conserved lands shall be identified on the final plat for a cluster subdivision, with a notation that indicates that those lands shall not be used for future development. 2. Protected/conserved lands shall be marked in the field with appropriate permanent signage markers in order to distinguish these areas from private property. 3. Protected/conserved lands shall be permanently maintained and preserved as: a. Open space lots with deed restrictions; or b. Land dedicated to the City; or c. Protected through a conservation easement. 4. For any land not dedicated to the City, the developer shall provide a permanent mechanism acceptable to the City Attorney for the primary purpose of conservation, preservation, and management of protected/conserved lands. 5. There shall be no further subdivision of land in an area approved for cluster subdivision; however, dedication of easements for public utilities may be permitted. E. Use of Protected/Conserved Lands 1. Protected/conserved lands shall be left in an undisturbed natural state or landscaped pursuant to Section 6.7: Landscaping, Screening, Buffering, And Fences. 38Z Requires further discussion on whether this could be reduced even further. The minimum lot size in the PC and MN zoning districts is 2,500 square feet. 3s3 Requires further discussion on whether this could be reduced even further. The minimum lot width MN zoning district is 20 feet. 3s' New auto-court standards are included in section 73.5 below. Denton, Texas - Denton Development Code 133 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions 1�:3 �a�ulk��ii�6�ii�im 1��6ce�im S��irn��ir�� 73.5 Auto Courts 2. The protected/conserved lands shall be used for low-intensity recreation, agriculture, buffers, critical wildlife habitat, or other passive park or open space purposes. 3. The use of protected lands may be further limited or controlled at the time of final approval where necessary to protect adjacent properties. F. Review and Approval of Cluster Subdivisions The procedures for review and approval of cluster subdivisions are in Section 2.--.3as '7m3m,� �u�� iir��::�$� Auto courts may be considered as an alternative layout for cluster subdivisions. Up to four single-family units may share a single driveway access to a public street using an auto court arrangement, provided the layout is approved with a preliminary plat pursuant to Section 2.--. Additionally, auto courts shall comply with the following: A. The surface of the shared driveway in the auto court shall be at least 20 feet wide and shall be surfaced with concrete or other permeable paving approved by the Director. B. Individual driveways leading from the shared driveway to each dwelling unit shall be at least 20 feet long, as measured from the front of the garage or carport to the closest edge of the shared driveway. C. The shared driveway shall be designed to comply with the standards of the Transportation Criteria Manual. D. The auto court design shall comply with the applicable off-street parking requirements. E. Maintenance and repair of auto courts shall be the responsibility of a property owners association or adjacent property owners. The city shall approve provisions for maintenance and repair during the subdivision review process. Parking on the shared driveway shall be prohibited and shall be clearly marked as such. G. The auto court access shall be from a standard-width street and the applicant shall demonstrate that there is adequate guest parking available on the street. H. The auto court shall comply with all other city standards including fire and emergency access, and utility provisions. Insert graphic depicting auto court arrangement '7�� ' ��iirmmiirmm�ui�iir�� iir��iir�'��a Notwithstanding any contrary provision in this Code or City criteria manuals, the following standards apply to gated communities. A. Access 1. All gated communities shall have a minimum of one point of access to a public street, and an alternative emergency access for emergency service vehicles if only one public access point is provided. ass Cross-reference to platting procedures will be provided in consolidated draft. 3s6 New standards for consideration. In the consolidated draft, these standards may be relocated to Section 6.8, access and circulation, if it is determined that this configuration could be applied more broadly than cluster subdivisions. 387 We carried forward the current gated community standards from 35.16.21, but reorganized them for clarity. Denton, Texas - Denton Development Code 134 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions 1�:3 �a�ulk��ii�6�ii�im 1��6ce�im S��irn��ir�� 73.6 Gated Community Standards 2. Turnouts or turnarounds for the public shall be provided outside the gated perimeter, pursuant to the guidelines of the Transportation Design Criteria Manual. 3. Turnout or turnaround areas shall be dedicated by the developer as public access easements, or as part of the public right-of-way, and shall be maintained by the developer where they are easements. 4. Any private street that has an access control gate or cross arm must have a minimum uninterrupted pavement width of 22 feet at the location of the access control device. If an overhead barrier is used, it must be a minimum of 14 feet in height above the road surface. 5. All gates and cross arms must be of a breakaway design. 6. The Fire Chief, or his designated representative, shall approve the installation of access gates, which shall meet Fire Code requirements for emergency operation, and shall be maintained at all times by the HOA. 7. The HOA shall provide keypads and codes, as well as a receiver and mechanism designed to open gates automatically in response to a remote traffic signal preemption device meeting the specifications of emergency service providers, at all gates into the community. 8. In the event that at any time any gate does not promptly and automatically open for an emergency vehicle utilizing a traffic signal preemption device, the emergency responders shall be privileged to remove, disable or destroy any locking device, gate or piece of a gate in order to gain access. The deed restrictions shall recognize and incorporate this requirement, and further hold the City and its emergency providers harmless from any and all claims or damages arising from the HOA's failure to maintain the gate to this standard or for the removal or destruction of such gates or devices. 9. The HOA shall provide non-emergency access codes to solid waste providers, the Electric Utility, the Water Utility and Wastewater Utility Maintenance Department franchised utilities, and the US Postal Service. B. Fencing Adjacent to Entry Gates 1. On lots adjacent to entry gates, fences may exceed 40 inches in height, up to a maximum of eight feet within the side yard setback. 2. Such fences must be constructed of wrought iron with brick columns. No solid fencing panels will be allowed. C. Streets Private Streets a. All streets and alleys in a gated community shall be private streets. b. Private streets shall meet all requirements and standards for public streets. c. Gated communities shall not be allowed to obstruct any existing arterial street or proposed arterial street as shown on the City Mobility Plan. d. Streets shown on the Mobility Plan shall not be gated or private streets. The Planning and Zoning Commission may recommend the denial of the creation of any other private street if, in the Commission's judgment, the private street would negatively affect vehicular or pedestrian traffic circulation on public streets, or impair access to property (either on-site or off-site), to the subdivision, access to or from Denton, Texas - Denton Development Code 135 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions 1�:3 �a�ulk��ii�6�ii�im 1��6ce�im S��irn��ir�� 73.6 Gated Community Standards public facilities (including schools, parks and libraries), or the response time of emergency vehicles. The City shall not pay for any portion of the cost of constructing or maintaining a private street. Private Street Lot Private streets and alleys must be constructed within a separate lot owned by the property owners association. This lot must conform to all of the City's standards for a public street and/or alley right-of-way. b. An easement covering the street lot shall be granted to the City and franchised utilities, providing unrestricted use of the property for utilities and maintenance. c. The easement shall provide the City with the right of access for any purpose related to the exercise of a governmental service or function. d. The easement shall permit the City to remove any vehicle or obstacle within the street lot that impairs emergency access. 3. Maintenance and Reconstruction The City is not responsible for reconstruction or full depth repair to the private street. The City will follow customary practices in backfilling and repaving repaired sections of private streets after a utility repair, utilizing the least cost solution, with no further obligation of future maintenance for the repair, and no obligation to rebuild or repair pavements to any preexisting design or appearance, if different from the City's ordinary repair standards for public streets. Alternatively, the HOA may elect to privately undertake one or more aspects of the backfilling and pavement repair, and the City may participate in the funding of such private repairs, but only to the extent of any repair costs avoided by such private repairs. D. Water and Sewer 1. All water and sewer mains that serve inside the gated community and are located within public utility easements shall be dedicated to the City prior to approval of the final plat, and shall be publicly owned and maintained. 2. All water and sewer mains and associated appurtenances shall be designed and built according to City standards. 3. Public water and sewer mains and facilities shall be located within a public utility easement or other adequate water and sewer easement dedicated to the City. 4. Water meters and sanitary sewer cleanouts shall be located within a public utility easement and outside of the paved portion of the private street. E. Street Lighting 1. Street lighting on private streets is required to meet the design standards of the City and shall be installed and maintained by the HOA at no cost to the City. 2. Luminaries, fixtures, poles, foundations, conduit, wiring, appurtenances, and any other ancillary items associated with street lighting shall be owned, operated, and maintained by the HOA. 3. All energy costs will be metered and invoiced to the HOA under the appropriate rate schedule. Denton, Texas - Denton Development Code 136 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions 1�:3 �a�ulk��ii�6�ii�im 1��6ce�im S��irn��ir�� 73.6 Gated Community Standards 4. The HOA shall be solely responsible to obtain and pay for power needed to illuminate street lighting. F. Electric Utility Infrastructure 1. All electric facilities that serve inside the gated community shall be owned and maintained by the utility provider. 2. All electric facilities shall be designed, built, and operated according to the standards of the utility provider. 3. Electric utility infrastructure shall be located within a public utility easement or other adequate easement dedicated to the City. G. Solid Waste Requirements 1. Residential solid waste collection service shall be provided from the front of the property at the curbside of the private streets. 2. For residential dwellings with rear entry garages, the solid waste collection service may be provided from the alley, if the alley is designed to provide adequate turning radii for all solid waste collection trucks and if the house address number is visible from the alley. 3. All residential refuse collection criteria, as listed within the City's ordinances, shall apply to gated communities. 4. In the event that a vehicular access gate is not operable and access is not available for solid waste collection vehicles, the Solid Waste Department shall continue on with the normal progression of their daily route, and report the inaccessibility of the area to customer service. H. Drainage Requirements The Developer is responsible for the installation of the stormwater system to City standards, and the HOA is responsible for maintenance of the stormwater system. Minor Drainage System The minor drainage system includes the entire storm drainage collection systems within the streets, ditches and channels within the gated community that collect surface drainage originating from within the spatial boundaries of the gated community. b. The minor drainage system also includes all drainage systems within the gated community that collect drainage from offsite areas up to three acres. c. Drainage easements for the minor drainage system shall be consistent with this Code and the City's Criteria Manuals, and shall be dedicated on the final plat. d. The minor drainage system shall be maintained by the HOA, and the City has no obligation for the inspection or maintenance of this system. e. Physical connection points shall be established between the minor and major drainage systems as described herein, that will be used to establish the physical limits for maintenance responsibilities. Denton, Texas - Denton Development Code 137 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions 1�:3 �a�ulk��ii�6�ii�im 1��6ce�im S��irn��ir�� 73.6 Gated Community Standards Major Drainage System The major drainage system provides for the conveyance of stormwater runoff through the gated community, originating from any area outside of the gated community greater than three acres. To provide for the major drainage system, green space or open space areas and floodplain areas shall be reserved for stormwater detention, retention, or conveyance of drainage. These areas shall be dedicated by simple deed as separate lots, with ownership to be retained by the HOA. The entire lot or a portion thereof shall be dedicated on the final plat as a drainage easement or as a drainage and detention easement, as appropriate. c. The plat shall include dedication language stating that the drainage easement, or drainage and detention easement, will be reserved for the conveyance of drainage or floodwaters, and shall remain open at all times and maintained by the HOA in a safe and sanitary condition. d. The City will not be responsible for the maintenance and operation of said lots or easements, or for any damage to private property or person that results from conditions in the lots or easements, or for the control of erosion. e. No obstructions to the natural flow of stormwater run-off shall be permitted by construction of any type of building, fence or any other structure within the drainage easement or drainage and detention easement, as herein above defined, unless approved by the City. f. The HOA shall keep the drainage easement or drainage and detention easement clear and free of debris, silt, and any substance that would result in unsanitary conditions or obstruct the flow of water. g. The City shall have the right of ingress and egress to inspect and supervise maintenance by the HOA, or to optionally alleviate any undesirable conditions that may occur. h. The City shall have the right, but not the obligation, to enter upon the lot or drainage or drainage and detention easement to remove any obstruction to the flow of water, after giving the HOA written notice of such obstruction, upon failure of the HOA to remove such obstruction. The City shall be reimbursed by the HOA for reasonable costs for labor, materials, and equipment in each such instance. I. Homeowners Association (HOA) Required Documents establishing the HOA shall be submitted as part of the final plat application, providing for the maintenance, repair and/or replacement obligations of the HOA for private roads, alleys, gates, fences, street lighting, drainage items and/or other like held facilities and/or common areas, their appurtenances and/or other associated ancillary items and improvements, shall be incorporated into the final plat. 1. The HOA shall provide for the power to file a lien, to foreclose, or to otherwise secure payment from homeowners for the maintenance, repair and replacement, in part or in whole, of all privately held common areas, including but not limited to, drainage items, street lighting, and other appurtenances or associated ancillary items. 2. The association documents shall be submitted to, reviewed by, and approved by the City Attorney prior to final plat approval. Denton, Texas - Denton Development Code 138 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions �"a� Ilirrrn��ir��irrrn�im�: ��irn��ir�� 7.4.1 Purpose 3. The covenants and restrictions documents shall indicate that the streets in the subdivision are private and are maintained by a Homeowners Association, that they are not public, and that the City has no obligation to maintain them. 4. The covenants and restrictions shall also state that the City has no obligation to inspect the streets or drainage in the gated community. 5. The covenants and restrictions documents shall indicate that the subdivision final plat, property deeds and home owner association restrictive covenants that certain City services shall not be provided on private streets. Among the services that will not be provided are: routine police patrols, enforcement of traffic and parking ordinances and preparation of accident reports. All private traffic regulatory signs shall conform to the Texas Manual of Uniform Traffic Control Devices. Depending on the characteristics of the proposed development, other services may not be provided. 6. The covenants and restrictions shall also state that the City has no obligation to inspect the streets in the gated community. 7. The Homeowners Association may not be dissolved, nor may deed restrictions and covenants providing for maintenance of common areas be deleted or amended, without the prior written consent of the City Council, by way of Plat amendment. 8. The final plat and restrictive covenants shall contain language whereby the Homeowners' Association, as owner of various private improvements within a private street, lot or easement, agrees to release, indemnify, defend and hold harmless the City from claims and suits for property damage or bodily injury (including death) arising from the condition, use or operation of any privately-owned streets or facilities. Commentary: This section includes standards for required improvements associated with subdivisions from current Subchapter 16: Subdivisions. We recommend that technical and design-related content in this section be relocated to an administrative manual or criteria manual to group related information. Some content from this section may also be relocated to Section 6.6: Water and Wastewater Standard where stafF feels it is appropriate. Standards that are unique to the subdivision of land are retained in this section. '7�� I��ul�� This section establishes the minimum acceptable standards for improvement of streets and utilities. All improvements in streets or easements which are required as a condition to plat approval shall be the responsibility of the subdivider. '7m�m2 ��i�m��llliii�ii�� I��u�iiiiir�� A. In addition to satisfying Section 6.6: Water and Wastewater Standards, and all applicable Criteria Manuals, the applicant shall demonstrate the ability to satisfy the requirements set forth herein 388 We did not carry forward current 35.16.121 (construction plans). We recommend that content be located in an administrative manual or criteria manual. 3s9 New. Denton, Texas - Denton Development Code 139 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions �"a� Ilirrrn��ir��irrrn�im�: ��irn��ir�� 7.43 Cost of Improvements and City Participation prior to development, at each stage of the platting process, including applications for preliminary plats, and final plats. B. The City may deny a preliminary plat if the applicant cannot demonstrate the ability to satisfy these requirements, the requirements of Section 6.6: Water and Wastewater Standards, and applicable Criteria Manuals, prior to approval. '7m�m3 �� Illiir�m��iir��i�m�ii�� i�m�' �iir�y Ill��i�°�iii�iii��iii�i�m The applicant shall make all required improvements, at his expense, according to City regulations, without reimbursement by the City, except for certain reimbursable costs as provided in 6.6.14 and 6.6.15, or as determined as a result of an exaction proportionality determination and appeal under Section 2.--.390 '7�� I�I�Illiii��iir�� I��i�� 1�1ii�iiii�� iir�� iir�� ul��'iiiariii�iii�i�� A. If the existing City mains and/or streets are not within or adjacent to a subdivision, the developer shall construct the necessary extension as specified in this subchapter. B. These mains or streets shall be constructed in accordance with the Master PIan391 of the City. C. These facilities shall be in public easements, secured and paid for by the developer. D. Such easements must be recorded as required by law before service is extended to the subdivision. '7��5 I�i��-��iir��i��u��iii�iir� I�Ih�� Il�iir��'�uiir�� i��' I��,�uiiiiir�immm�iir��z A. Prior to beginning construction of public improvements the City Engineer shall schedule a preconstruction conference between the owner/applicant and applicable City departments. B. Representatives of public and franchise utilities shall be notified and maybe required by the City to review the proposed improvements to be made and the requirements of this Subchapter. '7m�m� I��Ill��i�m�ii�� ii��iir�� I��,�iiii�°��'.��.� A. For all developments in which streets, drainage facilities, water or sewer lines or other improvements are to be constructed and dedicated or conveyed to the public, a development contract is required to ensure proper construction and completion of the improvements and payment is made. B. The developer shall submit the development contract, along with all required documents in conformity with all City construction standards. '7��'7 ��i��iir�u��iii�i�� Illiir��iii�i�� i��' ��i�� The construction, inspection of construction, and acceptance of public improvements after completion shall be approved by the City Engineer if the construction conforms to the requirements of all City construction standards. 390 Consolidated draft will include cross-reference to the appeals procedure. 391 This reference may be revised to the Mobility Plan following further discussion with staff. 39Z We recommend this content be moved to an Administrative Manual. 393 We recommend this content be moved to an Administrative Manual. 394 We recommend this content be moved to an Administrative Manual. Denton, Texas - Denton Development Code 140 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions �"a� Ilirrrn��ir��irrrn�im�: ��irn��ir�� 7.4.8 Gas Well Notification Disclosure '7�� IIIIII I�'��iir�iii��iii�i� I iii��lll��ui�� A plat that proposes single- or multi-family residential lots that will be within 1,000 feet of one or more drilling and production sites, except for those drilling and production sites and their subsurface mineral interests which are eliminated through plugging and abandonment, the developer shall be required to provide all of the following disclosure notifications to all lot purchasers: A. A note shall be placed on the plat identifying the drilling and production site(s) and those proposed lots that are within 1,000 feet of the drilling and production site(s). Said note shall also include a statement that advises lot purchasers of the existence of producing wells on the drilling and production site(s), the possibility of new wells that may be drilled and fracture stimulated on the drilling and production site(s), as well as the possibility that gas wells on the drilling and production site(s) may be re-drilled and/or re-fracture stimulated in the future. B. There shall be depicted on the plat, and on a lot survey submitted as part of a building permit application, the location of the drilling and production site(s) in relation to the lots that are within 1,000 feet of a drilling and production site(s). C. A provision shall be included in the declaration of restrictive covenants that advises lot purchasers of the existence of producing wells on the drilling and production site(s), the possibility that new wells may be drilled and fracture stimulated on the drilling and production site(s), as well as the possibility that gas wells on the drilling and production site(s) may be re-drilled and/or re-fracture stimulated in the future. D. A notice document that advises lot purchasers of the existence of producing wells on the drilling and production site(s), the possibility that new wells may be drilled and fracture stimulated on the drilling and production site(s), as well as the possibility that gas wells on the drilling and production site(s) may be re-drilled and/or re-fracture stimulated in the future, shall be recorded with the Denton County Clerk's Office. E. The form of the disclosure notifications required in paragraph 7.4.8C and paragraph 7.4.8D shall be approved by the City Attorney.396 '7m�m� ��iir�� Streets and right-of-way shall conform to the Mobility Plan, the Transportation Design Criteria Manual, and the standards in this Code, as amended. '7m�m� � ��iiillliir�iii��::��, A. New utilities shall be installed underground unless an administrative determination is made that physical barriers render undergrounding utilities infeasible. Transformers, pedestals, fire hydrants, and other appurtenances normally associated with "underground" utility installations are permitted on the surface of the ground. B. When overhead utility lines exist within the property being platted, including boundary easements, these utility lines and new installations within the platted area shall be placed underground. 39s From current 35.16.7.E. Propose few minor grammatical and formatting changes, no substantive changes are proposed. 396 Updated references. 397 New stronger requirements for undergrounding utilities. Denton, Texas - Denton Development Code 141 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions �"a� Ilirrrn��ir��irrrn�im�: ��irn��ir�� 7.4.11 Adequate Water System C. When overhead utility lines exist on the periphery of the property being platted, they and any additions or replacements needed to increase capacity or improve service reliability may remain overhead; provided, that any service drops into the platted area from said peripheral overhead lines shall be underground. D. Underground utilities may be extended and easements shall be required to the boundaries of the plat to provide service connections to abutting unsubdivided land. '�� ,��'�� '�� y�'�� A. Generally399 1. The applicant shall demonstrate that the water system serving the development will be adequate to serve the development at the time of preliminary plat approval for development within the City limits, or at the time of final plat approval for developments within the City's extraterritorial jurisdiction. 2. Where a development plan or phased preliminary plat is proposed, the applicant shall demonstrate that each phase of the development will be served by an adequate water system under this standard. 3. The approach main shall be extended to serve the entire development subject to a development plan or phased preliminary plat prior to the time of final plat approval for the second phase of the development plan or phased preliminary plat, unless the extension is part of a funded capital improvement project that the City has initiated consistent with its adopted Capital Improvement Plan for water facilities. B. Criteria for Adequate Facilities The water system serving the subdivision shall be deemed adequate when in conformance with Section 6.6: Water and Wastewater Standards, and one of the following options, as applicable: 1. City Facilities Not Used Where the City is not the supplier, the applicant shall provide assurance of sufficient capacity, in accordance with the water capacity standards in the Administrative Manual, from the entity holding the Certificate of Convenience and Necessity for the land to be subdivided. b. Such entity shall have sufficient water supply, water treatment, and transmission capacity to serve the development, considering all other commitments, in accordance with City standards. c. The applicant shall present written verification from the water supplier that it has agreed to provide water service to the development in conformance with Denton design and construction standards. The applicant shall provide assurances that water mains will be extended to serve the subdivision prior to the time of Final Plat approval for the second phase of a development plan or phased Preliminary Plat. 398 Rather than having applicants and staff referencing several sections of the DDC for water-related standards, this section in subdivision may be better as a cross-reference to the standards in in subsection 6.63: Extensions of Water and Sewer Mains and subsection 6.6.13: WaterCapacityRequirements. Standards in this section that are unique to the subdivision of land would remain, however, other standards could be relocated to Subchapter 6 or a criteria manual. Such changes would be reflected in the consolidated draft. 399 Did not carry forward 35.16.20.G(2)(a). This language duplicates general standards found in 6.6.2A of Module 2. Denton, Texas - Denton Development Code 142 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions �"a� Ilirrrn��ir��irrrn�im�: ��irn��ir�� 7.4.12 Adequate Sewer System City Facilities are Used Where City distribution mains are to be used for supplying water, and there is an existing distribution main with adequate capacity to serve the development within one mile of the boundary of the proposed subdivision, the applicant may, at his initial expense, and subject to standard City participation policies, extend one or more approach mains from the existing distribution main to the subdivision, of a size sufficient to serve the development. The City reserves the right to require oversizing of the line in accordance with standard City of Denton oversize policies. This requirement does not apply where the approach main is already a component of a funded capital improvement project that the City has initiated, consistent with its adopted Capital Improvement Plan for water facilities. C. Water and Sewer Utilities Connections The City shall not provide any water or sewer utility connection to land proposed for subdivision under this Code until all of the following requirements have been met: 1. The water supply, treatment, storage and off-site distribution system to serve the subdivision meet the requirements of Subsection 7.4.11; 2. The sanitary sewer treatment and collection system to serve the subdivision meet the requirements of subsection 7.4.12; 3. The owner or developer of the subdivision or addition has executed a written agreement with the City, providing for the offsite extension of water and sewer mains to serve the development, in accordance with the existing water and sewer extension regulations; 4. Off-site mains have been extended to the subdivision pursuant to the agreement and this section, and water and sewer mains have been installed in accordance with the City's specification in the block facing the street on which the property is situated and accepted by the City; and 5. "As Built" plans in digital format are required at the end of construction showing the actual location of all improvements. '7m�m� 2 ��,�� w��iir �y��ii�m�� A. Generally 1. No preliminary or final plat4o1 application shall be approved unless the applicant demonstrates that there will be an adequate sanitary sewer system to serve the subdivision concurrent with development. 2. The applicant shall demonstrate that the sanitary sewer system serving the development will be adequate at the time of preliminary plat approval for development within the City aoo Rather than having applicants and staff referencing several sections of the DDC for sewer-related standards, this section in subdivision may be better as a cross-reference to the standards in subsection 6.63: Extensions of Water and Sewer Mains and subsection 6.6.14: WaterCapacityRequirements. Standards in this section that are unique to the subdivision of land would remain, however, other standards could be relocated to Subchapter 6 or a criteria manual. Such changes would be reflected in the consolidated draft. 'ol Did not carry forward "general development plan." Denton, Texas - Denton Development Code 143 Module 3- Development Standards- Public Draft-April 2018 Subchapter 7: Subdivisions �"a� Ilirrrn��ir��irrrn�im�: ��irn��ir�� 7.4.12 Adequate Sewer System limits, or at the time of final plat approval for developments within the City's extraterritorial jurisdiction. 3. Where a development plan or phased preliminary plat is proposed, the applicant shall demonstrate that each phase of the development shall be served by an adequate sanitary sewer system under this standard. 4. The approach main shall be extended to serve the entire development subject to a development plan or phased preliminary plat prior to the time of final plat approval for the second phase of the development plan or phased preliminary plat, unless the extension is part of a funded capital improvement project that the City has initiated consistent with its adopted Capital Improvement Plan for wastewater facilities. 5. Adequacy of treatment facilities cannot be demonstrated by reliance upon package treatment plants. B. Criteria for Adequate Facilities The sanitary sewer system serving the development shall be deemed adequate when in conformance with Section 6.6: Water and Wastewater Standards, and one the following options, as applicable: City Facilities Not Used Where the City's sanitary sewer system is not to be used, the applicant shall provide assurance that the entity collecting the sewage holds a Certificate of Convenience and Necessity for the land to be subdivided, that collection systems are adequate to accommodate sewage flows from the development and that the treatment system to be used has adequate capacity in accordance with the standards in Section 6.6: Water and Wastewater Standards. The applicant shall provide assurances that sanitary sewer mains will be extended to serve the subdivision prior to the time of final plat approval for the second phase of a development plan, or phased preliminary plat. 2. City Facilities are Used Where City collection mains are to be used for collecting sewage, and there is an existing collection main with adequate capacity to serve the development within one mile of the boundary of the proposed subdivision, the applicant may agree to extend one or more existing collection mains to the subdivision of a size adequate to serve the development, at his expense, including the cost to construct all necessary lift stations and force mains, in accordance with standard City participation policies. The City reserves the right to require oversizing of the line in accordance with standard City of Denton oversize policies. This requirement does not apply where the approach main is already a component of a funded capital improvement project that the City has initiated, consistent with its adopted Capital Improvement Plan for wastewater facilities. Denton, Texas - Denton Development Code 144 Module 3- Development Standards- Public Draft-April 2018 � . � ' ` � � ' � 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 Parts 1 and 2 of the DDC Update are highlighted in yellow. As additional content is developed, this subchapter will continue to expand through the consolidated draft. �� iir��iir�lll All provisions, terms, phrases and expressions contained in the Denton Development Code 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. m� m2 I�'��'iiii�m�� Illllllll��iir��iii�ii�� i�m�' "��.� In the event of a conflict or inconsistency between the text of this Code and any heading, caption, figure, illustration, table, or map, the text shall control. m� m3 I�iii�� i�m�' IE��iir��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. �� immm��u��iii�iir� �� "'lll"iiiimmm�� 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. m� m,� I��III��iii�i� �� I�m 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 aoz previously 35.1.4. '03 Renamed from "Text." Reworded for clarity. 'o' Reworded for clarity. Denton, Texas - Denton Development Code 145 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� IC��6im6�6a�irn� �ff q0��m�ir�irnn�im�: "�'�irirrrn� 8.1.6 Nontechnical and Technical Words 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�'�iir��ll'rmiir�iii��lll �i�� "'lll"��II'rmiir�iii��lll �i�°�� 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 1�1ii�i��'��i�°y �iir��' I�iii��i�°��iii�iir��iir� "'I��iiriir�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� m ��i��u�i��iii�ii�� 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. ��2�� iir�� IG��uiir�immm�iir�� 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] aos This is new. 'ob This is new. 'o' New section. Denton, Texas - Denton Development Code 146 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� IC��6im6�6a�irn� �ff q0��m�ir�irnn�im�: "�'�irirrrn� 8.2.2 Height �� III��'� 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 Structure40S 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. ��2�� IU�� Ih��i�°��iiriii��iii�� 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 Coverage4o9 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. aos Definition from 35.23.2. 409 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 147 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� IC��6im6�6a�irn� �ff q0��m�ir�irnn�im�: "�'�irirrrn� 8.23 Lot Characteristics �insert graphic] 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] Denton, Texas — Denton Development Code 148 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a;� IC��6im6�6a�irn� �ff ��im�ir�ll U�� a��ir6�� im� ��{��*�6�6� �U�� "�'�If�� 8.2.4 Setbacks and Yards ��2�� I��I�� i��' ��i�� 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"). RearYard 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. Ya rd 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) 100 Year Water Surface Elevation (100-Yr W.S.E.) The water surface elevation established by hydrologic/hydraulic analysis of a stream, river, stream, or tributary, using the 100-year fully developed watershed, based upon the 100-year rainfall event. Access Ramp4'o A route to provide entry for vehicles and machinery into a drainage system. 'lo NOTE: This definition only appears in content we recommend relocating to a criteria manual. If it is relocated this definition is no longer necessary. Denton, Texas - Denton Development Code 149 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards Access Road41 A route parallel to and at the top of the bank or channel to allow maintenance access of channels from the top. 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 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 'll NOTE: This definition only appears in content we recommend relocating to a criteria manual. If it is relocated this definition is no longer necessary. Denton, Texas - Denton Development Code 150 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards 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. 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. Denton, Texas - Denton Development Code 151 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards 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. Applicant4'z 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. Architectural Compatibility4'3 Consistency in roof pitch, exterior construction materials, exterior color, and architectural design and detail. Architectural Element Authentic architectural projections and details. Architectural Projection. Eaves, decorative extensions, bay windows having no floor space, or other portions of a structure having neither living space nor key structural value. 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. Auto Court4'4 Auto court development is an arrangement of single-family, duplex, or townhome dwellings with a shared access to minimize curb cuts and/or provide shared parking facilities. Base Flood A flood having a one percent chance of being equaled or exceeded in any given year based on a fully developed watershed. Also known as the 100 year flood. 'lz New. '13 Relocated from accessory structures in 35.12.4.B. 41' New. Denton, Texas - Denton Development Code 152 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q',��:Ih��ir "�"�irirnn� I��iiirn��k 8.2.4 Setbacks and Yards 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 grade. Bedroom Any room other than a living room, family room, dining room, kitchen, bathroom, closets, or utility room, for the purpose of this Code, 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. Board of Adjustment/Board The Board of Adjustment of the City of Denton, Texas. 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. 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. 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 all applicable Codes of the City of Denton Channel An open conduit in which water flows with a free surface. City The City of Denton, Denton County, Texas, and its extraterritorial jurisdiction. City Council The City Council of the City of Denton, Texas. Denton, Texas — Denton Development Code 153 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards City Engineer The individual holding the office of City Engineer of the City of Denton, Texas, who shall actively maintain licensure in good standing as a professional engineer under the laws of the State of Texas. Those duties assigned by this DDC to the City Engineer which relate to the development review process may be reassigned by the City Manager, in whole or in part, to one or more licensed professional engineers, as needed to adjust workflow or to provide specific expertise. Civil Engineering Plans4'S 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 Nursery4'6 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. Conduit Any open or closed device for conveying flowing water. Conveyance Plat An interim plat recording the subdivision of property or defining a remainder of property created by the approval of a final plat for sole purpose of conveying land and not for development for a portion of property, where approval of final development plans is not sought. Cornice A continuous, molded projection that crowns a wall or other construction, or divides it horizontally for compositional purposes. Criteria Manual A manual pertaining to the technical and design requirements of this Chapter. 'ls New. '16 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. Denton, Texas - Denton Development Code 154 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards Diameter Breast Height (DBH) The outside diameter of the trunk of a tree, measured four and one-half feet above ground level. If a tree splits into multiple trunks below the four and one-half feet level, DBH will be defined as the sum of each individual trunk measured at four and one-half feet above ground level, or the single trunk at its most narrow dimension, whichever is greater. Detention The storage of storm runoff for a controlled release during or immediately following the design storm. Regional detention refers to storage of storm runoff from an entire drainage area or basin. Developed Floodplains Any area defined as a floodplain within the FEMA 100 year floodplain. These areas have typically been channelized or the land within these areas has been graded, filled, or otherwise disturbed. Developer The legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. Development41 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. Director418 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; 417 The triggers for platting requirements will be established in Module 3 and this definition will be reconsidered for consistency at that time. 'ls 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 155 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards 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. Disturbed Area An area of land subjected to erosion due to the removal of vegetative cover and/or earthmoving activities, including but not limited to filling. Drainage Area/Basin The land area upon which all rainfall that falls on that area is directed towards or flows to a given point or stream. Drainage Facilities/Systems Physical provisions to accommodate and regulate stormwater runoff to preclude excessive erosion and sedimentation and to control and regulate the rate of flow. Facilities/systems can include natural features and conduits, channels, ditches, swales, pipes, detention devices or other devices designed or intended to carry, direct, detain or otherwise control stormwater. 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. 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." Electric Distribution Line Any electric line or part of the power system which distributes electric power at less than 60kV when measured phase to phase, and is utilized to deliver and serve electric power to local utility customers. Denton, Texas - Denton Development Code 156 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards Electric Distribution Lines include both overhead and underground facilities and circuits that operate at our primary rated distribution voltage level of 13.2kV/7.62 kV Grounded Wye. The distribution system includes that part of the distribution line transformers and all other necessary equipment to step the primary voltage down to a lower secondary voltage level to meet service requirements. Electric Substation A structure that is part of an electric generation, transmission, and distribution system which either: 1. Converts electric energy to a lesser voltage for the purpose of subregional or localized distribution; 2. Functions as a transition point from overhead to underground electric transmission lines; or 3. Acts as the point of convergence for two or more transmission lines. Electric Switch Station A substation without transformers and operating only at a single voltage level. 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. Equal Conveyance Principle An area of the cross-section of a stream, in its existing condition, carrying a percentage of the stream flow, will continue to carry the same percentage of the stream flow after filling of the flood plain occurs, without any rise in the 100 year floodplain elevation. Erosion The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, or gravity, caused either by natural or human created conditions. 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. Estate-Style Subdivision Estate style subdivisions are those subdivisions using barrow ditches as drainage along streets, on public or private streets. Existing Development Development not otherwise exempted by this Code 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 Code; or Denton, Texas - Denton Development Code 157 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards 2. It occurs after the effective date of this Code, 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. FEMA Federal Emergency Management Agency. Fence A vertical device used as a boundary or means of providing protection, confinement or privacy. Filling The depositing on land, whether submerged or not, of gravel, earth, or other natural materials in any combination. Fire Code The most recently adopted International Fire Code as published by the International Code Congress. Floodplain An area identified by the Federal Emergency Management Agency as possibly being flood-prone, or below the immediate flood line (100 year floodplain). Flood Hazard Boundary Map (FHBM) An official map of a community, issued by the Federal Insurance Administration, where special flood hazard areas have been designated. Flood Insurance Rate Map (FIRM) An official community map showing special flood hazard areas and the risk premium zones applicable to the community as issued by the Federal Insurance Administration. Floodway Area regulated by federal, state, or local requirements to provide for discharge for the base flow, so that the cumulative increase in water surface elevation is no more than a designated amount within the 100 year floodplain. A river, channel or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Normally, the floodway will include the stream channel and that portion of the adjacent land areas required to pass the base flood (100 year flood) discharge without cumulatively increasing the water surface elevation at any point more than one foot above that of the pre-floodway condition, including those designated on the flood insurance rate map. Denton, Texas - Denton Development Code 158 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards Floor Area See "Gross Leasable Floor Space." Freeboard The vertical distance between the design water surface level and the top of an open conduit left to allow for wave action, floating debris or any other condition or emergency without overtopping the structure. 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. Gated Community A subdivision or housing development with two or more dwellings with private streets controlled through the use of a vehicular or pedestrian gate. Grade 4. 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; 5. The elevation of the invert at the bottom of a conduit, canal, culvert, sewer, etc.; or 6. The finished surface of a canal bed, roadbed, top of an embankment or bottom of excavation. Grade, Existing The vertical elevation of the ground surface prior to excavation or filling; the surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a development regulated by this Chapter; or, the vertical elevation of a site which is currently developed and built upon. Grade, Ground Level The average of the finished ground level at the center of all walls of the structure. In case a wall is parallel to and within five (5) feet of a sidewalk, the ground level shall be measured at the sidewalk. Grade, Natural The existing grade or elevation of the ground surface that exists in its unaltered state. Grade, Percentage of The rise or fall of a slope in feet and tenths of a foot for each 100 feet of horizontal difference. Grade Separation The physical development of structures or intersections that separate motor vehicle from motor vehicles; motor vehicles, pedestrians, and bicyclists from trains and other transit; motor vehicles from pedestrians and bicyclists; as well as pedestrians from bicyclists. Grading The mechanical or physical act of disturbing, moving, removing, transferring, or redistributing soil. Ground Cover Low growing plants, vines, or grasses that form dense, extensive growth, and have a positive effect against soil erosion and soil moisture loss. Permeable natural landscape materials, such as mulch and rock, are also considered ground cover to the extent they are used in combination with live plant materials. Denton, Texas - Denton Development Code 159 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards 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. Grubbing The mechanical or physical act of removing stumps, underbrush, and rocks, prior to clearing and grading. Grubbing does not allow for any grade changes, only vegetation removal down to bare soil. A Tree Removal Permit is required for all trees with a three-inch or greater diameter, measured at four and a half feet above natural grade. 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. 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. 3. 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). Impervious Any hard-surface, man-made area that does not readily absorb or retain water, including but not limited to building slabs, building roofs, swimming pools, parking and driveway areas, sidewalks, paved recreation areas, and other surfaces that do not generally absorb water and are not considered by the City to be pervious surfaces. Denton, Texas - Denton Development Code 160 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards Impervious Surface A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Imported Fill The mechanical or physical act of bringing soil in from offsite. When stockpiling imported fill, it shall occur on private property only. Infill Development or redevelopment of land that has been bypassed, remained vacant, and/or is underused as a result of the continuing urban development process and where eighty (80) percent of the land is within a five hundred (500)-foot radius of the site has been developed. Annexed areas on the periphery of the City limits are not considered infill sites. Generally, these sites are readily accessible to infrastructure services and facilities. Infill Development Development on a vacant parcel or groupings of vacant lots within an existing block surrounded by existing development that is contiguous on at least two (2) sides for corner lots and contiguous on at least three (3) sides for interior lots (existing development located directly in front on the other side of the street may count as a side for interior lots only), no greater than two (2) acres in size, and is served with all or most public services and facilities, including but not limited to water, wastewater and drainage. Infrastructure The provision of systems that provide transportation, water, waste water, solid waste, stormwater drainage, electrical and franchise facilities typically required to service development. Inlet An opening into a storm drain system for the entrance of surface storm runoff. 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 Chapter 573, Government Code, 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. Land Disturbing Activity Alteration of the land surface by: 7. Any grading, scraping, excavating, dredging, transporting or filling of land; Denton, Texas - Denton Development Code 161 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards 8. Any clearing of vegetation; Any construction, rebuilding, or alteration of a building, road, driveway, parking area, or other structure, not including routine maintenance such as painting, repair, or reconstruction of existing structures or surfaces; 10. Any substantial activity or use which may result in soil erosion from water or wind and the movement of sediments into waters or lands protected by this Chapter; and, 11. It shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, repairs, additions or minor modifications of an existing single-family dwelling, and the cutting of firewood for personal use. 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. Lane A driving surface with a width as specified in the street design standards for that class of street. Loading Space, Off-Street Space logically and conveniently located for bulk pickups and deliveries, and scaled to delivery vehicles expected to be used. Local Drainage System Any drainage facility or system, which serves an area having a contributing drainage basin of less than one square mile in area. 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. 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. Masonry Building materials consisting of clay brick, natural and manufactured stone, granite, marble, architectural concrete block, tilt wall concrete panels and other similar materials. This definition does not include EIFS or other similar materials. Denton, Texas - Denton Development Code 162 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards 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. Minor Plat419 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. Nonconforming Structure Any structure established or constructed legally at the time of passage or amendment of this Code which does not conform, after the passage or amendment of this Code, with the regulations of the district in which it is located. 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. 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. 419 Revised based on Tex. Loc. Gov't Code Sec. 212.0065. Denton, Texas - Denton Development Code 163 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards 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. On-Site Located within 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. Parking Space42° A space within a public or private parking area, exclusive of driveways, ramps, columns, offices and work areas, which is for the temporary parking or storage of one motor vehicle. Particulate Matter Finely divided solid or liquid matter, other than water, which is released into the atmosphere. Pedestrian Path A graded, cleared way for individuals who travel on foot. When located along any improved street or parking area, these paths shall be adjacent to the curb at curb level. Pedestrian Way A right-of-way for pedestrian traffic. 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. azo Replaces current definition. Denton, Texas - Denton Development Code 164 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards Pilot Channel A concrete channel section used to convey normal low flows, fix the location of the flow line of a channel, minimize erosion and provide access for maintenance. Planned Development42' 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. Planning and Zoning Commission The Planning and Zoning Commission for the City of Denton, Texas. Also referred to as the "Commission." Planting Area An outdoor area, the surface of which shall not be covered by impervious surface materials or structures, and devoted entirely to the planting or maintenance or plant materials, except as otherwise allowed by this Chapter, such as walls, fences, plazas, landscape architectural features such as gazebos, pergolas, arbors, fountains, or sculpture. Landscape architectural features shall not include tennis courts, basketball courts or other pervious recreational facilities. Plants, Plant Material Live plant material, including grasses, annuals, perennials, bulbs, groundcover, shrubs, and trees, are botanical plants that are nourished through the processes of air, water, and soil nutrients. Plastic, fibrous, silk, or other non-live materials, are not considered live plant materials. Plat or Final Plat A map of a subdivision, addition or development to be recorded in the County Clerk Plat Records after approval by the Planning and Zoning Commission or the Development Review Committee. Pole-Mounted Antenna Any antenna which is preassembled off-site and designed to be moved from site to site. Preliminary Plat A map showing the salient features of a proposed development as required by this Code submitted for the purpose of preliminary consideration prior to the submission of a final plat. Private Covenants422 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 Right-of-Way Any designated public street, sidewalk, or alley. Public Street A street which is owned or maintained by City. 'zl New. azz New. Denton, Texas - Denton Development Code 165 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards Public Improvements The public infrastructure needed or required by the development, or by a single phase within a larger overall development. 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; 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 or jacks. 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. Regional improvements Those public improvements which are required of the development for the protection of either: 1. Health, safety and welfare of the public at large; or 2. Property outside or surrounding the development; Examples of Regional improvements include, but are not limited to: 1. Water line "loops" or extensions for service; 2. Regional detention facilities; 3. Off-site drainage improvements. 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. Denton, Texas - Denton Development Code 166 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards 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. Rezoning4z3 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. Right-of-way A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another Specific Use. The usage of the term "right-of-way" for land platting purposes means that every right-of-way established and as shown on a Final Plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Right-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the Plat on which such right-of-way is established. 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; 2. 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, 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 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. 'z3 New. Denton, Texas - Denton Development Code 167 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards Shared Drive A common driveway or access shared by adjoining properties. Site PIan4�4 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. Site Plan Review The comprehensive evaluation of a development and its impact on neighboring properties and the community as a whole, from the standpoint of: land use, site design, landscape design, environmentally sensitive areas protection, architecture, lighting, signs, clearing and grading, engineering design, health and safety, other adopted standards and criteria of this Code, all other adopted codes and ordinances of the City. Smoke The visible discharge of particulate matter from a chimney, vent, exhaust or combustion process. Specific Use Permit A use that is not automatically permitted by right, but that may be permitted within a zoning district subject to meeting specific conditions contained in this Code. Specified Anatomical Areas Human genitals in a state of sexual arousal. Specified Sexual Activities Includes any of the following: 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." Stockpiling The holding on land of material or products such as any soil, sand, gravel, clay, mud, debris, vegetation, or any other material, organic or inorganic, in a concentrated state. 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 parts joined 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. 4z' New. Based on current definition of "plot plan." Denton, Texas - Denton Development Code 168 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards 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. Structure, Principle The structure in which the primary permitted use of the lot on which the structure is located is conducted. Subdivision4z5 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 upon just cause. Temporary uses Temporary uses are defined as those activities permitted and described in Section -- Thoroughfare Plan The thoroughfare component of the Mobility Plan, the official map depicting the City's existing and future street system and roadway network, together with explanatory text. Topography The physical land surface relief describing the terrain elevation, position of land features and slope. Topography includes land forms, water and other drainage features, and features such as gravel pits. A single feature such as a hillside or valley is called a topographic feature. 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. azs Revised combination of two subdivision definitions in the glossary of the developer's handbook. Denton, Texas - Denton Development Code 169 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards 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. Transportation Impact Analysis A study performed by a registered traffic engineer analyzing the impacts of the expected traffic generated by a development on the existing and proposed road system including recommendations for mitigating such traffic. Transfer Station A temporary storage facility for the consolidation and eventual transfer of solid waste to a landfill. Transmission Line Any electrical line operating at a nominal line-to-line voltage equal to or greater than 60,000 volts. Ultimate Developed Condition A fully developed area based on current approved Land Use Plans or "C" factor of six tenths (0.6) for remaining undeveloped land in a watershed. Understory A grouping of native, noninvasive low-level woody, herbaceous, or ground covers species with stems less than one inch dbh. Undeveloped Floodplains Areas within the FEMA 100 year floodplain, or other floodplain that is undeveloped and in its natural state. 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 PIat4�6 The termination of, or termination of interest in, an easement, right-of-way, or public dedication of land. Variance427 A deviation from the specific terms of this Code that will not be contrary to public interest and is justified because, owing to special conditions, a literal enforcement of this Code's provisions will result in practical difficulties and/or hardship. 'zb New. 427 New. Denton, Texas - Denton Development Code 170 Module 3- Development Standards- Public Draft-April 2018 Subchapter 8: Definitions �a� �llll Q"&�:Ih��ir "�"�irirrrn� I��iiirn��k 8.2.4 Setbacks and Yards Vegetation All plant life; however, for the purposes of this Chapter shall be restricted to mean trees, shrubs, ground cover, annuals, perennials, bulbs, grasses, vines, and aquatic plants, with the exception of state and federally protected and endangered vegetative specie which in all cases shall be preserved. 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 lot joining 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 Watershed The land area(s) that contribute surface runoff or drainage to a water system or body. Wetlands Jurisdictional wetlands as defined by the Federal Clean Water Act and the standards and guidelines in use by the United States Army Corps of Engineer, including the Federal Manual for ldentifying and Delineating Jurisdictional Wetlands. Those areas that are inundated or saturated by surface or ground water (hydrology) at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation, and are (hydrophytes) typically adapted for life in saturated soil conditions (hydric soils). Wetlands generally include swamps, marshes, bogs, and similar areas. Window An opening in the wall of a building or structure for admitting light and fitted with a frame containing panes of glass. 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McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-094, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the location of the Mayhill substation. City of Denton Page 1 of 1 Printed on 4/13/2018 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 Solid Waste & Recycling Department CM/ DCM/ ACM: Mario Canizares DATE: SUBJECT April 9, 2018 Receive a report, hold a discussion, and give staff direction regarding the location of the Denton Municipal Electric Mayhill Substation Easement. BACKGROUND On July 19, 2016, the Council approved the transfer and conveyance of a 14.511 acres for a substation site and for transmission easements from the Solid Waste Department to Denton Municipal Electric (DME) for the development of a future substation and associated transmission lines. The substation project was part of DME's Capital Improvement Plan to reconstruct the utility's electric transmission system in order to accommodate the City's future electric load and for reliable transfer of power flows through Denton to locations east of the City. Following open house community meetings, staff presented the City Council with potential substation sites and provided a recommendation to proceed with the purchase of the Solid Waste property. The property purchase included the substation site, easements, and an existing building utilized by Solid Waste for the department's Home Chemical Collection (HCC) operation. The purchase price of $1,205,45535 is broken down in the table below: Property Acres Unit Price Totai Price Substation Site 6.27 $65,340/acre $409,681.80 Easements 8.24 $52,278/acre $430,773.55 HCC Building N/A $365,000.00 $365,000.00 During a recent review of Solid Waste's proposed permit amendment for landfill expansion, staff identified issues with the planned substation site. The site as presently designed is located in an area specifically designated for the development of two future landfill cells. If the City plans to proceed with the development of those landfill cells, then the substation would potentially need to be eventually relocated to accommodate future waste disposal needs. If the City elects not to fully develop those landfill cells, then approximately nine (9) years of waste disposal capacity (an estimated value of $53.4 million) would be lost from the landfill's site life. Replacing this waste disposal capacity would require Solid Waste to pursue additional property acquisitions. In addition, the proposed substation location displaces Solid Waste's Home Chemical Collection (HCC) operation from its existing facility. To accommodate the HCC's space needs, Solid Waste will need to either renovate an existing facility or pursue plans to construct a new HCC building. An estimated $1.4 million has already been expended by Solid Waste to construct a new entryway In order to return the substation site to Solid Waste for future landfill expansion, DME evaluated alternative locations and transmission options that would reduce the impact to Solid Waste operations while still mitigating transmission load levels between the Pockrus and Brinker substations and providing options to serve future electric growth that may occur in the vicinity. DME is recommending that the Council consider a"transmission only" approach to alleviate transmission loading concerns in this area of Denton. This approach will entail constructing a new 138 KV transmission line from Pockrus Substation to the planned Brinker Substation. DME will proceed to complete planning, engineering and cost studies of this route and obtain needed easements. DME will also look for a new switching station (or substation) site in or adjacent to the southeast corner of the landfill property in the event it is needed in the future for transmission or distribution reliability purposes. It will also continue studies for a new 138 KV transmission line from the Pockrus Substation to the Arco Substation so this circuit could be built when, and if, needed for power flows through Denton from the western part of the ERCOT electrical grid. PRIOR ACTION/REVIEW (Council, Boards, Commissions) December 14, 2015 — PUB public hearing regarding proposed substation and transmission site January 5, 2016 — City Council public hearing regarding proposed substation and transmission site July 1 l, 2016 — PUB recommends approval of DME's purchase of Solid Waste property for a substation and transmission easement July 19, 2016 — City Council approves DME's purchase of Solid Waste property for a substation and transmission easement Apri19, 2018 — PUB recommended pursuing the proposed alternative transmission project. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Related Goal: EXHIBITS 1. Agenda Information Sheet Public Infrastructure 2.3 Promote superior utility services and City facilities 2. Presentation Respectfully submitted: Ethan Cox, 349-7421 Director of Solid Waste — .� s � c� � �,,..�., ..0 Mtl�,,.-,,, ,� ml.l .x..vHY.�V4G—xcN ,� �mMYI ._�� ..'� � ni . � 1 j � ` Y� qy " u.,...� m, �Pr . Xp �� ..vt n A,��Ji . t .Y � . I �... �� m� � � ryl �$� � �� . l J , ........ _.... "ra . � '. +� .. .. � � . � , �f' '-.., ( . . . . � . . � � �."` � � � F ; irc�i�� . �� . . 1 � � �,� r �� i � � s TM,p � " J � � � � � � � � �r1€I'� j ' � � - , � r � � � 1 �� i � �, � .J� � � �� l. � ��;I r�� . �� t��, �� I�, � ��,. � � �. �"1 ��r �; � � - .,�, s o� . ... . 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'�F7 � .,.,.� + .: �„ ' h c I � ..... ........ .II p � r�" W � Q ll r �. ,..........,�+� ^ � � = � p�°,�� '�. .G % G r W " -wr ' 0 � m �� .°' c� c -� � ��+ � - `" n � \ yw '} � �-n �4��, �_ �� a� a��d.,�� ,��,��ra, �� ti� — � r ° � �.: W i � -— ,� . � � ; � �,: i ii , �� n i � � , �j r � � n��-1 ,i ,� J� � . _. _ . , � ,� i t _. I' ` "" �w .� U �' U � �� a � � .. .l i � r^" a �, � . � �- �u.. ..:,..�_ .;°.�.�. . .�� , ; B 0 �" � V �I t , �i � I � ,� , v x .� t ,- ' tan � � � _, �� `s:� � �^ � " "`A� a . .... � ...... m4 o n " � � .,�....,,. �� _ � �- �.. ie -.. � � � ,...�...�...,� ' —.�z�� .� „ 3 e u, • � � O � �� City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-235, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and provide staff direction regarding an update to the existing Denton Municipal Electric - Energy Risk Management Policy. City of Denton Page 1 of 1 Printed on 4/13/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton _ . City Ha11 �� 5 215 E. McKinney Street tiY �� " Denton, Texas www. cityo fdenton. com DEPARTMENT: AGENDA INFORMATION SHEET Denton Municipal Electric CM/ DCM/ ACM: Todd Hileman DATE: SUBJECT April 17, 2018 Receive a report, hold a discussion, and provide staff direction regarding an update to the existing Denton Municipal Electric - Energy Risk Management Policy. BACKGROUND The current DME Energy Risk Management Policy ("Policy"), approved by the City Council on March 4, 2014 (Ordinance 2014-060), provides a framework under which the DME's Energy Management Organization (EMO) manages the electric utility's energy portfolio on a day to day basis. The Policy incorporates control structures and protocols that provide for 1) a clear segregation of duties and delegation of authority, 2) governance and oversight processes, 3) rigorous management reporting and 4) strict adherence to authorized hedging products and transaction limits. The current Policy was sent to Council members for their review and comment in an Attorney memo on 2/4/2014. As a precautionary measure leading to the startup of the EMO in late 2014, Ordinance 2014-060 treated the Policy as a"Competitive Electric Matter" as defined under the provisions of §§551.086 and 552.133 of the Texas Government Code and ordered the Policy and related documents "sealed" by the City Secretary and withheld from public disclosure. This proposed update to the Policy reflects lessons learned over the four years the EMO has been operating, organizational changes that have been made at the City and DME level, and recommendations from the Deloitte review of the EMO (presented to the City Council on 12/12/17). In accordance with the City's commitment to open government and transparency, DME recommends releasing the Policy to the public. RECOMMENDATION DME proposes to update the Energy Risk Management Policy in two phases. Phase One will incorporate the following changes: • Annual re-authorization of Policy • Clarification of Policy scope and program objectives • Consolidate Strategy and Operating Committees into a single Risk Management Committee (RMC) • Regular communication with City Council and PUB about DME's energy risk management activities through quarterly RMC meeting minutes and materials • Update RMC membership to reflect current City and DME organizational structure • Establish RMC Chairman and provide for formal meeting and voting procedures • Explain the need to continue expanding EMO counterparty population • Introduce concept of risk tolerances • Description of quarterly reports that will be used to measure the success of the EMO program and for RMC, Council and PUB oversight • Expanded description of Transaction and Risk Limits • Increased specificity of approved Transaction Types Phase Two, which DME expects to bring to the PUB and City Council in September 2018 for input and approval, will include the following changes: Quantification of DME's risk appetite and risk tolerances Standard report templates for communicating with RMC, Council and PUB Framework for evaluating hedge strategy and assessing EMO performance for fiscal year, including • Key Performance Indicators Program objectives Hedging strategy and targets Risk identification and prioritization 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 financial resources in a responsible manner 1. Agenda Information Sheet 2. PowerPoint Presentation 3. Updated Energy Risk Management Policy 4. Schedule for incorporating Deloitte recommendations into Energy Risk Management Policy Respectfully submitted: George Morrow DME General Manager Prepared by: Philip DiPastena Senior Risk Control Analyst � � L � _ W e / �' � � ,,; ,,; ,,; � „ „ „ �i Gd � N � � � � � � � � � � � N tn � � N N � U O � � _ � N m (� � • � • � �; �; • �; � • •. 1 ■ � • •: �; � •: �; � • �; � � • �; � � • �. • � •: •: �; �,, •: �; � �; � • • • �, � • �, � � . ,, ,, LTr7 N V � 0 � � O L � � �] � . • •. �; � . ti � • i, • i 1, 1 � 1 � i �: • i r 1 #1 l 1, • !' i • • � • � • •. • � • • . c� � � � ; � � " � � ; � ■ C� � � . . O � � • � � , , , c� � c 0 -c � 0 � � c E H w � w o � a Q C c 0 -o � 0 v � � m � '£ - � _ �� a�Yvv L�o-�s=�� a G'a^ _ ,�. " °_ a � o �- c � a c E a � � a U � a � i H � ; K ;c E '� � � c ��= u E �i C�1 o � � — °p m m v - h � � 6' � b' o ~ � � a v _ � a o a � � a i > Q V l� l7 W � � cc a z ¢ _ � 07 ' �� Q°�� ma Y. �e� aaa �,� �,� � � m a �, N � � � � u u o " Y �° � � � � - °' o E "c °' °c_° E — � E a Y o c:� - - _ a E 3 c -�°o _ - �' " _ � 3'�° o E m v a;� ce on �� m� u° v u° � E�� v.fl � � ti � �� „ ,, ,'; , ,,,,,; � ��;�;, , „ ;,, ` � �/ , ' � ' Denton Municipal Electric Energy Risk Management Policy Approved by City of Denton Texas City Council City Ordinance No. 2014-060 Passed and approved March 4, 2014 Revised and Reapproved City Ordinance No. 2018-xxx �� :�� ,. �� a � �� lra✓,(�rzta�� Pcrwrl��vr+sum ", rfu+a�v,�r�JrPaPh�lc>��Ero�f Page 1 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy Contents SECTION 1 PROGRAM OVERVIEW ..................................................................4 1.1 Introduction ............................................................................................................... 4 1.2 Objective .................................................................................................................... 4 1.3 Energy Risk Management Framework ....................................................................... 4 1.3.1 Organizational Objectives ........................................................................... 4 1.3.2 Risk Mitigation and Measurement ............................................................. 5 1.3.3 Portfolio Management ................................................................................ 5 1.3.4 Risk Control Infrastructure .......................................................................... 5 1.4 Procedures and Guidelines ........................................................................................ 5 1.5 Policy Review ............................................................................................................. 6 SECTION 2 ORGANIZATION STRUCTURE .........................................................7 2.1 Risk Management Committee ("RMC") ..................................................................... 7 2.1.1 Risk Management Committee Structure ....................................................... 7 2.1.2 Meeting Timing, Frequency, Member Vacancies and Voting Procedures .... 8 2.2 Front, Middle, and Back Offices ................................................................................. 8 2.2.1 Front Office ................................................................................................. 9 2.2.2 Middle Office .............................................................................................. 9 2.2.3 Back Office ................................................................................................ 10 SECTION 3 MARKET RISK PROTOCOLS AND EXPOSURE CONTROL ................11 3.1 Market Risk Protocols .............................................................................................. 11 3.2 Authorized Transactions .......................................................................................... 11 3.3 Market Risk Control ................................................................................................. 12 3.3.1 Risk Tolerance ........................................................................................... 12 3.3.2 Transaction and Exposure Limits .............................................................. 12 3.3.3 Stress Testing ............................................................................................ 13 3.4 Credit Risk Control ................................................................................................... 13 Page 2 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, a nd/or public power utility competitive and financial information in accordance with the provisions ofTexas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy 3.4.1 Credit Policies ............................................................................................ 14 3.4.2 Credit Limits .............................................................................................. 14 3.4.3 Counterparty Credit Function ................................................................... 14 3.4.4 Exceptions to Credit Limits ....................................................................... 15 3.5 Information Systems and Models ............................................................................ 15 SECTION 4 RISK REPORTING .........................................................................16 4.1 Risk Management Reporting Policy ......................................................................... 16 4.2 Required Reports ..................................................................................................... 16 4.3 Transaction Valuation .............................................................................................. 17 SECTION 5 OTHER RESPONSIBILITIES AND POLICIES .....................................19 5.1 Organization-Wide Responsibilities ......................................................................... 19 5.2 Commercial Interests and Trading for Personal Accounts ...................................... 19 5.3 Acknowledgment of Policy Requirements ............................................................... 20 Appendix A RISK EXPOSURE AND TRANSACTION LIMITS ..............................21 A.1 Risk Books ..................................................................................................................... 21 A.2 Risk Exposure Limits ..................................................................................................... 21 A.3 Total Portfolio Risk Exposure Limits ............................................................................. 22 A.4 Open Position Management ......................................................................................... 23 A.5 Transaction Limits ......................................................................................................... 24 A.5.1 Bilateral or Financial PowerTransaction Limits ......................................... 24 A.5.2 ERCOT Congestion Revenue Rights (CRRs) Transaction Limits ................... 25 A.5.3 Physical or Financial Natural Gas Transaction Limits ................................ 26 A.5.4 Renewable Energy Credit Transaction Limits ............................................ 27 Appendix B DEFINITIONS .............................................................................28 Appendix C ORGANIZATIONAL STRUCTURE ..................................................31 Appendix D APPROVED TRANSACTION TYPES ..............................................32 Appendix E ENERGY RISK MANAGEMENT POLICY ACKNOWLEDGEMENT FORM.......................................................................................................... 35 Page 3 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, a nd/or public power utility competitive and financial information in accordance with the provisions ofTexas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy SECTION 1 PROGRAM OVERVIEW 1.1 Introduction Denton Municipal Electric ("DME"), is in the business of providing affordable and reliable energy and energy services to its customers in an environmentally sustainable manner. This Energy Risk Management Policy ("Policy") has been developed to establish a comprehensive framework for DME to meet and exceed the overall goals and objectives set by the City Council, subject to approved risk tolerances. This Policy provides specific controls (e.g., segregation of duties, oversight, etc.) for the management of strategic and operational risks and establishes guidelines for DME to plan, execute and control the risks inherent in the generation, purchase and sale of energy for its retail customers. The resulting framework shall govern DME's energy portfolio activities through which City Management and DME personnel identify, capture, measure, manage, control, monitor and report financial and other risks. This program specifically addresses management of energy portfolio risk and provides a framework to maintain proper controls over portfolio activities as they change over time. 1.2 Objective DME, through the Risk Management Committee, will establish specific goals and objectives for the Energy Price Risk Management Program ("Program") to minimize the impact to electric rates attributable to energy supply variability and to fuel and energy price volatility. The objective of this Policy is to maximize benefits to customers from short-term, market-based hedging activities while minimizing the risk that such activities will adversely affect retail prices. DME, through the RMC, will develop and implement a plan which will support the overall goals and objectives of the Program. 1.3 Energy Risk Management Framework DME's Energy Risk Management Policy shall be built around a framework that includes the following four elements: Organizational Objectives, Risk Mitigation and Measurement, Portfolio Management and Risk Control Infrastructure. Each of these elements is discussed further below. 1.3.1 Organizational Objectives The RMC will approve goals, strategies, and objectives which help define the appropriate portfolio management activities that will to be undertaken by the EMO. This will be done Page 4 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy through strategic and business planning activities conducted in establishing the budget and through periodic strategic planning activities. 1.3.2 Risk Mitigation and Measurement As part of clarifying organizational objectives, this Policy will define the EMO's role in identifying, measuring and mitigating energy risks. DME's risk mitigation practices will focus on conservative transaction and risk exposure limits. 1.3.3 Portfolio Management DME will engage in transactions that shall be conducted in accordance with risk management and transaction limits specified in connection with this Policy and in broader DME policies and operating procedures. 1.3.4 Risk Control Infrastructure DME will maintain a collection of internal controls, systems, and processes necessary to achieve the objectives of this Policy. These controls comprise DME's energy risk control infrastructure and shall include provisions for: • Energy Risk Management Organization Structure and Responsibilities • Transaction and Risk Exposure Limits • Portfolio Position Tracking • Risk Measurement and Mitigation • Performance Measurement • Management Reporting • Operating Procedures 1.4 Procedures and Guidelines This Policy prescribes the management, organization, authority, processes, tools and systems to monitor, measure, control and mitigate market risks through DME's energy management activities. Upon adoption by the City Council, this Policy shall be implemented through a supporting set of standard operating procedures ("EMO Procedures Manual"). The operating criteria and parameters shall be updated as necessary to reflect changes in market conditions and staffing levels. All standard operating procedures shall be approved by the RMC. Page 5 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy All departmental procedures that may impact DME's energy portfolio shall be in full compliance with this Policy. DME executive management shall evaluate the degree of detail necessary in the operating procedures and may require that additional procedures be developed and implemented. 1.5 Policy Review Following approval of this Policy, the Risk Management Committee shall periodically, but no less than annually, review the Policy and recommend updates, or provide notice that no updates are recommended, as necessary, to the PUB and City Council. Examples of events prompting Policy updates and reviews are significant changes in regulatory requirements, the resource portfolio, fuel prices of alternative resources, political direction or reliability concerns. Because the results of this type of risk management program must be continually evaluated in relationship to the City's objectives to ensure effective performance, this Policy shall be reviewed and reauthorized annually by the City Council. Page 6 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy SECTION 2 ORGANIZATION STRUCTURE 2.1 Risk Management Committee ("RMC") Consistent with leading industry best practices, the executive oversight structure of the EMO be conducted through the Risk Management Committee ("RMC"). The RMC shall also be responsible for activities governed by this Policy and to ensure Policy requirements are met. The RMC membership will be comprised of five voting members and two non-voting members. The RMC has the responsibility for executive oversight over the Program, which includes: ■ Ensuring Program strategies are consistent with overall City goals and obligations. ■ Approving changes to portfolio management strategies ■ Reviewing program results periodically ■ Approving changes to new transaction types ■ Approving market exposure measurement criteria ■ Approving the credit limit framework, including credit limit criteria, exceptions and maximums ■ Ensuring the review and approval of operating procedures ■ Reviewing and monitoring DME's proximity to transaction and risk exposure limits ■ Ensuing evaluation of credit limits and credit rating methodologies are regularly conducted for energy companies that are conducting business with the EMO to buy and sell energy ("counterparties") ■ Discussing the execution of portfolio management strategies 2.1.1 Risk Management Committee Structure The five voting members are: • PUB Chair (or designee) — Ex Officio Member • Deputy City Manager • DME General Manager (Chairman) • DME Compliance Manager • City Director of Finance The two non-voting members are: • City Auditor • Deputy City Attorney — Legal Other key personnel may participate in RMC meetings as needed. The RMC will meet as necessary and will be responsible for prudent implementation of this Policy and operational oversight of the Program. Page 7 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy 2.1.2 Meeting Timing, Frequency, Member Vacancies and Voting Procedures The RMC will be responsible to the Public Utilities Board and City Council for prudent executive oversight of this Policy and shall meet no less than once per calendar quarter. Memberattendance shall be recorded in the RMC meeting minutes. Any memberofthe RMC can request an emergency meeting of the RMC to address circumstances or issues that may require immediate attention. As needed, but not less than annually, the RMC will report results of the EMO activities and compliance with this Policy to the Public Utilities Board and the City Council. Each of the five voting members shall have a single vote on matters that come before the RMC and a voting member, or designee, must participate in the RMC meeting in order to vote and approve a proposed action. If a voting member is unable to attend an RMC meeting in person or by telephone, the member may designate an alternate to vote in his or her absence. If any two of the voting members, or their designees, are not present at an RMC meeting, a vote on a proposed action cannot take place. The RMC will make decisions and take actions by a simple majority vote. If the RMC reaches an impasse that cannot be addressed through a vote, the DME General Manager will make a final decision by the end of the next business day. In cases where a member of the RMC leaves the employ of the City, the DME General Manager will resolve the RMC vacancy by making an interim appointment at his discretion. A standard set of reports shall be prepared and distributed by the Chairman in advance of the meeting. The representative from the Office of the City Attorney will act as Secretary to the RMC and will document all meetings and actions taken by the RMC in meeting notes that will be distributed to RMC members for their review and acceptance. Meeting notes approved by the RMC will be distributed by the Office of the City Attorney to the RMC members, the City Manager, City Council and PUB. As Chairman of the Risk Management Committee, the DME General Manager is responsible for all EMO activities, including the day-to-day efforts of the risk control function. At a high level, these responsibilities include understanding and measuring market risk, validating risk mitigation activities, hedge strategy compliance and risk reporting. 2.2 Front, Middle, and Back Offices The "Front-Middle-Back Office" model provides for segregation of duties and efficient administrative support. It is a way to segregate EMO activities into transactional ("Front Office"), independent risk control and transaction compliance ("Middle Office") and financial, accounting, and contact administration support ("Back Office") functions. Page 8 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy 2.2.1 Front Office The Front Office is primarily responsible for resource planning, and procuring energy supplies and service. The resource planning function includes defining clear objectives and developing measurable hedge strategies which can be rigorously tested via simulation. The Front Office will develop hedging plans and perform hedge strategy simulations at least annually to confirm and update DME's ongoing strategy. Implementation details of hedging plans and strategies are under development and will be incorporated into this Policy as part of Phase 2. The Front Office oversight role is accomplished through supervisory review and approval. DME's Front Office consists of EMO personnel and the Market Operations Manager. 2.2.2 Middle Office The Middle Office provides the primary independent management oversight role. The Middle Office institutes and reviews energy portfolio management activities, such as portfolio credit exposure, transaction compliance and approval of counterparties. The Middle Office also quantifies risk exposure of native business activity (including both price and volumetric uncertainty), excluding hedges. In the event hedge decisions do not achieve program objectives, the Middle Office will determine why the objectives were not achieved and recommend to the RMC how to re-align hedge decisions with program objectives to promote improved effectiveness. The Middle Office responsibilities include monitoring EMO's risk exposures and mitigation measures and ensuring compliance with policies, guidelines, and procedures. In connection with this responsibility, the Middle Office will maintain a compliance log of any operational and/or procedural violations, which can be used to monitor issues and their severity, frequency and resolution. Implementation details of hedging plan, hedging strategy and hedging effectiveness report are under development and will be incorporated into an appendix to this Policy as part of Phase 2. Additionally, the Middle Office is responsible for recommending to the RMC when changes in policy or operating procedures are required. These recommendations may involve the temporary or permanent halting of transactions with one or more Page 9 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy counterparties, and any other topic the Middle Office believes represents potential unacceptable risk exposure. The Middle Office adopts and updates, as necessary, the Energy Risk Management Policy, guidelines and procedures so that portfolio management functions occur in compliance with Energy Risk Management Policies and energy risk procedures and guidelines. 2.2.3 Back Office The Back Office is primarily responsible for settlement of ERCOT and counterparty billings, recording transactions, and contract administration. The Back Office roles in oversight include ensuring that invoices accurately reflect confirmation orders, independently monitoring and recording transactions into a tracking database, and verifying and reporting on compliance with procedures as reflected in transaction tracking documentation. Page 10 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy SECTION 3 MARKET RISK PROTOCOLS AND EXPOSURE CONTROL 3.1 Market Risk Protocols The following market risk protocols shall govern DME's participation in wholesale energy markets. Specific limits, methodologies, reports, operational procedures and approval processes shall be detailed in the EMO Procedures Manual. • DME will ensure that it has full knowledge of its position in all transacted products and the resulting exposure, and understands the implications of its energy management activities; • Only personnel authorized by the DME General Manager, or his designee, pursuant to a written Delegation of Authority Memorandum can transact on behalf of DME in the wholesale energy market (see Transaction Limits section of Appendix A); • The EMO will ensure it obtains competitive prices, transacts "at the market" and diversifies its counterparty credit risk by setting up master agreements [such as the International Swaps and Derivatives Association, Inc. (ISDA), Edison Electric Institute (EEI), and the North American Energy Standards Board (NAESB)] with as many pre-qualified financial counterparties as possible. • DME may only transact in wholesale energy-market products approved by the RMC; • DME may only transact within transaction limits approved and defined in this Policy and the EMO Procedures Manual; • All wholesale energy transactions will be carried out on recorded phone lines, electronic trading platforms, or other media that can be recorded and documented; • Metrics for assessing DME's market risk exposure will be specified, measured, monitored, and reported on a regular basis to the RMC; • On a daily basis, all wholesale market transactions will be captured in the official system of record which will capture and report physical and financial positions so that each can be reviewed separately and in total so that net price risk and collateralization requirements can be accurately assessed and managed in real time. This system will also serve as a central check and balance tool; therefore, it will allow for reconciliation of physical and financial confirmations with transactional input. This system will also generate net price risk information. • Models and inputs for valuation and risk measurement and mitigation shall be subjected to a validation and change control process. The models employed and associated processes shall be described in detail in the EMO Procedures Manual; and 3.2 Authorized Transactions Authorized types of transactions are addressed in Appendix E of this Policy. These transactions types are, and shall continue to be, focused on supporting the energy portfolio goals of the City Page 11 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy Council. The addition of any new transaction types, including the revision of existing transaction types, shall be controlled through written operating procedures and approved by the RMC 3.3 Market Risk Control An important element to any energy risk management and mitigation program is the regular identification, measurement, and communication of market risk. DME's net "open" position (i.e., whether it needs to buy or sell energy on a daily, hourly or monthly basis to balance customer loads against available generating resources) and the market exposure associated with these net positions shall be quantified and compared against exposure limits contained in this Policy and discussed, on a regular basis, within the RMC. Market exposure associated with these net positions shall be quantified using forms of measurement approved by the RMC. The market exposure measurement criteria shall be reviewed at least annually and consider changes in DME's net positions and existing and projected market conditions. The Middle Office shall have primary responsibilityfor coordinating the development, maintenance, and modification all market measurement methodologies within DME and for recommending approval of these methodologies by the RMC. 3.3.1 Risk Tolerance For the purposes of this Policy, DME's Energy Risk tolerance is defined by the degree of uncertainty that DME can accept in its future financial ratios and customer rates on a projected basis. DME's Energy Risk tolerance and measurement of Energy Risk shall be based on Cash Flow at Risk ("CFaR") or Value at Risk ("VaR") forms of risk measurement, augmented with scenario analysis and stress testing. These forms of risk measurement are described in more detail in Appendix A— Risk Exposure and Transaction Limits. 3.3.2 Transaction and Exposure Limits The setting of and the adherence to transaction limits is an important control element to ensure DME does not assume greater aggregate energy market exposure than is intended and helps ensure that the transaction strategy level is appropriate at various levels of aggregation (e.g. by commodity, delivery period, strategy, Energy Market Operator, etc.). Appendix A and D, along with the EMO Procedures Manual, contain the Approved Transaction Types and the Transaction Limits for DME. It is the responsibility of the Front Office, Middle Office and the RMC to effectively utilize these limits to control and mitigate risk-taking activities. The Front Office shall be responsible to monitor and recommend changes in Transaction Limits to the RMC when market conditions or operating circumstances result in limits becoming ineffective or inappropriate in controlling these activities. Page 12 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy The Middle Office shall be responsible for maintaining all Transaction Limits, monitoring compliance with the Transaction Limits, and obtaining approval from the RMC for any changes to Transaction Limits or the Transaction Limit structure. It is the responsibility of the Middle Office and Front Office to ensure that Transaction Limits are strictly enforced. 3.3.3 Stress Testing In addition to limiting and measuring financial exposure using the methods above, stress testing shall also be used to examine performance of the energy portfolio under extreme adverse conditions. In stress testing, worst-case historical as well as hypothetical market conditions are applied to the portfolio to determine how the portfolio will perform if such conditions were repeated. Stress testing requires thorough evaluation of past market periods to determine those that would represent a worst-case event. In addition, the performance of the portfolio is also estimated for individual and combined hypothetical market conditions. Such conditions are intentionally chosen to represent extremely unlikely and adverse conditions and combinations of conditions. The Middle Office shall design and maintain a stress testing program, in consultation with the Front Office. The stress testing approach shall be reviewed by the Middle Office semi- annually, and the stress testing program shall be presented to the RMC for review on at least an annual basis. Implementation details of model validation, controls framework and stress testing are under development and will be incorporated into an appendix to this Policy with details addressed in an Operating Procedure as part of Phase 2. 3.4 Credit Risk Control Credit Risk is the potential impact on DME's financial performance due to the hypothetical chance of non-performance in payment or delivery (either physical or financial) by an energy company that has executed a commercial agreement with DME to buy and sell energy ("counterparty"). DME will actively mitigate its energy credit risk by making informed decisions regarding which counterparties to transact with and to what degree. Credit risk is defined as the risk of counterparty nonperformance, or failure to deliver its obligation (whether that is an energy product itself or the payment of amounts owed). Page 13 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy 3.4.1 Credit Policies DME mitigates its energy credit risk by • Incorporating the expected transacting volumes, timing, and expected energy prices, when establishing an energy credit risk tolerance for a calendar year; • Assessing counterparty creditworthiness and establishing credit limits for counterparties based on that assessment; • Requiring a counterparty to be assigned a credit limit prior to transacting with it; • Monitoring and assessing market and counterparty events to adjust credit limits as appropriate; • Calculating and reporting the maximum expected loss if a counterparty defaults ("counterparty credit exposure"); and • Requiring all transactions in the forward markets (prompt month and beyond) to be planned for and included in an approved energy management plan prior to execution of the transaction 3.4.2 Credit Limits The EMO Procedures Manual shall include a credit limit framework for DME's counterparties based on various factors such as debt ratings and financial statistics. Specific counterparty credit limits will include consideration of financial ratios, audited financial statements, and asset quality. Credit limits on all counterparties will be reviewed at least semi-annually by the Middle Office, or immediately if their business conditions change or their credit rating has been downgraded. Prior to execution of any transaction with a counterparty, the Front Office must verify that the counterparty has available credit. In addition, no transaction shall be executed that will cause the counterparty credit limit to be exceeded unless explicitly approved by the RMC. 3.4.3 Counterparty Credit Function The counterparty credit function concerns counterparty credit analysis and approval of new and existing counterparties as well as the calculation, aggregation, monitoring and reporting of credit exposures. DME's credit function is organized within the Middle Office and reports to the DME Compliance Manager. The objective of the counterparty credit function is to minimize the potential adverse financial impacts on DME in the event of a potential default by a counterparty. The counterparty credit function will minimize DME's credit exposure and potential adverse financial impacts by: • Establishing a credit risk mitigation structure within the energy risk management Page 14 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy program; • Providing a framework to enable DME to qualify energy suppliers and transact with approved counterparties; • Determining counterparty transacting parameters ("transaction limits") to conservatively control and measure DME's exposure to any one supplier; and • Implementing conservative business processes and procedures (to be included in the EMO Procedures Manual) to gather and monitor financial information on each counterparty to estimate counterparty credit exposures 3.4.4 Exceptions to Credit Limits If EMO personnel determine that the credit limits set forth in the EMO Procedures Manual should be exceeded for certain key counterparties, they may request that the Middle Office perform a review to determine if the counterparty could support a higher credit limit. The Middle Office shall perform a financial/credit analysis and, if the analysis determines that the counterparty could support a higher credit limit, the Middle Office will make a recommendation to the RMC for review and approval of extending additional credit to the counterparty. 3.5 Information Systems and Models Energy risk management information systems consist of the data, models and other software and hardware used to collect, analyze, test, and validate transactions within DME's portfolio in order to monitor and control risk. Although various departments within the City of Denton or DME may have responsibilities for using and maintaining DME's risk management systems, the Middle Office shall have overall responsibility for ensuring that the systems are sufficient to perform the risk management functions outlined in this Policy. As part of a service level agreement with the City of Denton Technology Services, the Middle Office shall also be responsible for maintaining the security, integrity and reliability of the software used for energy risk management purposes (e.g. valuation models, administrative and reporting software, energy risk management databases, etc.). In accordance with the Service Level Agreement between DME and the City of Denton Technology Services, Technology Services shall be responsible for maintaining the integrity and reliability of the hardware used for both energy management and energy risk management purposes, including business continuity, disaster protection and recovery plans. Page 15 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy SECTION 4 RISK REPORTING 4.1 Risk Management Reporting Policy Key to energy risk management is the monitoring of risks and the accurate and timely information that must be provided to all parties involved in any aspect of energy risk management to allow them to perform their functions appropriately. The separation of execution and reporting responsibilities ensures that timely and accurate information is being reported. On an annual basis, the RMC Chairman will meet with the PUB and City Council and provide details of the EMO's forward purchases, market exposure, credit exposure, counterparty credit ratings, transaction compliance and other relevant data. In addition, the EMO will provide periodic training to the PUB and Council on energy market fundamentals and commodity trading best practices to help facilitate more productive risk meetings. 4.2 Required Reports Minimum reporting requirements are listed below and shall be prepared for the RMC by the Middle Office and reviewed by both the Middle Office and Front Office. Minutes and meeting materials from quarterly RMC meetings will be distributed to the PUB and Council for their review. Controls Compliance Report Identifies any activities that have exceeded permissible limits. Hedge Target Compliance Report Provides an understanding of the status of portfolio exposure relative to program targets. Hedge target metrics are under development and will be incorporated into an appendix to this Policy as part of Phase 2. Competitiveness Report Provides a comparison of latest 12-month cost/mwh vs ERCOT spot markets (Day- Ahead and Real-Time Market) Renewable Resource Effective Cost Report Tracks the effective cost of each renewable resource, including the cost of market purchases when renewables output is insufficient to meet load. Page 16 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy Price Risk Reduction Report Measures the total market risk exposure for each counterparty within DME's energy portfolio, the aggregate market risk exposure, and the effectiveness of DME's hedging activities. Risk reduction metrics are under development and will be incorporated into an appendix to this Policy as part of Phase 2. Credit Exposure Report Identifies the credit limit for each counterparty, current level of exposure with the counterparty, and remaining available credit. 4.3 Transaction Valuation DME's financial records will be maintained in full accordance with generally accepted accounting principles ("GAAP") and will be consistent with FERC Uniform System of Accounts. Front, Middle, and Back Office functions shall coordinate their efforts and maintain vigilance to ensure that DME's energy management transactions and risk exposures are accurately valued in an unbiased manner. Transaction valuation and reporting of positions shall be based on objective, market-observed prices or models as authorized by the RMC. Open positions (i.e., whether the EMO needs to buy or sell energy on a daily, hourly or monthly basis to balance customer loads against available generating resources) should be valued ("marked-to-market") daily, based on consistent valuation methods and data sources. Whenever possible, these valuations shall be based on independent, publicly available market information and data sources (e.g., Bloomberg, Reuters, NYMEX, ICE, broker quotes, etc.). The Middle Office shall develop, and the RMC shall approve, valuation standards for those cases where data is not publicly available. It is important that the data used for valuation, reporting and other energy risk management calculations represent accurate and timely information from the market or be based upon appropriate RMC-approved internal sources or models. The specification of position valuation methods is the responsibility of the Middle Office under the direction of the RMC. The Front Office is responsible for obtaining and disseminating market information in a timely and consistent manner. It is the responsibility of the Front Office to maintain and update transaction data and information sources used for trade evaluation and decision-making. The Middle Office is responsible for assuring that data used for energy risk Page 17 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy management calculations represent accurate and timely information available from RMC- approved market or internal sources. Page 18 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy SECTION 5 OTHER RESPONSIBILITIES AND POLICIES 5.1 Organization-Wide Responsibilities It is the policy of DME and the City of Denton that all personnel adhere to standards of integrity, ethics, conflicts of interest, compliance with statutory law and regulations and other applicable standards of personal conduct. The willful misrepresentation or concealment of information regarding portfolio management and/or risk management activities from senior management or any person responsible for the accurate tracking and reporting of such activities shall result in disciplinary action up to and including termination in accordance with DME and City of Denton policies and possible legal action as allowed or required by law. As an employee of the City of Denton, all EMO personnel should not have an expectation of privacy in the conduct of their duties. At any time, recorded phone calls and electronic transactions may be reviewed to ensure appropriate conduct or to review transactional information. 5.2 Commercial Interests and Trading for Personal Accounts All DME personnel who have any specific responsibilities delineated under this Policy or in departmental procedures that support this Policy are strictly prohibited from engaging in any of the activities listed below: • Physical or financial trading of any commodities or authorized instruments stipulated in this Policy or in supporting departmental procedures for their own account • Holding a major undisclosed interest in any account or corporate entity (other than DME), which is used to trade the instruments and commodities described above. If there is any doubt as to whether a prohibited condition exists, then it is the employee's responsibility to discuss the possible prohibited condition with their supervisor. In addition, any employee receiving taxable income from any person or business doing business with DME must file a Conflicts Disclosure Statement in accordance with Chapter 176 of the Texas Local Government Code. Failure to comply with these requirements may result in disciplinary action up to and including immediate termination of employment, in accordance with DME and City of Denton policies. Page 19 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy 5.3 Acknowledgment of Policy Requirements All DME personnel connected with the energy risk management program must sign a statement attesting that they have received, read, and understand this Policy document and the City of Denton policies regarding employee conduct. A sample form is provided in Appendix F. Page 20 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy Appendix A RISK EXPOSURE AND TRANSACTION LIMITS The EMO's energy supply, trading and risk management-related activities shall be segregated among a number of "risk books." A risk book is a way of classifying and tracking positions and transactions that have similar or directly related purposes so that value and risk can be measured in sufficient detail to support both risk control and transaction strategy decisions. These risk books, along with risk exposure and transaction limits, are described below. A.1 Risk Books System Book The System Book captures the value and risk position of native load obligations and long- term power and fuel supply obligations. All positions in the System Book shall be of duration greater than one month or a transaction start date of greater than one month into the future. Hedge Book The purpose of the Hedge Book is to track all positions that are entered into to reduce the total net risk exposure of the System Book. All transactions maintained in the Hedge Book shall be demonstrated to be highly effective (on a prospective basis) in mitigating the underlying source of risk to DME native load, generation assets and long-term power and fuel supply obligations. Total Portfolio Book The Total Portfolio consists of the combination of all positions in the System Book and Hedge Book. A.2 Risk Exposure Limits An essential control element in the management of market risk is the development and adherence to an appropriate limit structure. A well-designed limit structure helps ensure the EMO does not assume greater aggregate risk than intended and helps ensure that risk taking at the transaction strategy level is appropriate at various levels of aggregation (e.g., by commodity, delivery period, strategy, etc.). The primary forms of limits listed below shall be applied to the EMO: Page 21 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy Rates at Risk — Rates at Risk ("RaR") is a form of CFaR risk measurement. RaR limits will be set to limit the amount of uncertainty in future rates over the immediately upcoming 12-24 month period. If uncertainty in future rate requirements is higher than DME's risk tolerance, the EMO will be required to consider hedging or implement other risk management strategies to reduce the potential need for large unforeseen rate increases and/or deterioration of DME's financial condition. Value at Risk —Value at Risk ("VaR") limits will be set to limit the potential loss in value of individual transactions or groups of transactions which may be held in the portfolio for specific purposes, and/or to limit the size and risk associated with net trading positions if such activities are allowed. Notional/Volumetric —To augment RaR and VaR limits, notional limits and/or volumetric limits may be established. Notional limits are specified based on transaction or strategy dollar amount (i.e., contract or strategy volume x price). Volumetric limits are specified based on volume (e.g., MW, MWh, MMBTU, etc.). This will provide a concrete limit to account for uncertainties in risk measurement and human judgment capabilities. Other volumetric limits may be established in relation to specific risks not captured by RaR or VaR. ERCOT — Implementation of the ERCOT Real Time Market (RTM) and Day Ahead Markets (DAM) require daily attention to Available Credit Limits (ACL) and forward liability calculations. The Back Office shall actively monitor and communicate any changes affecting current credit positions. Hedge Ineffectiveness -Setting limits relative to anticipated hedging strategies which help limit potential losses in the event a hedging strategy (or portion thereof) becomes partially or fully ineffective. Stop Loss —Stop loss limits are set, such that, if an individual position or strategy (or a hedge transaction or strategy which has become ineffective) is performing adversely and approaches a predetermined level of losses, the position or strategy must be liquidated or completely hedged to prevent further loss. For example, if a forward fuel purchase ends up not being needed because of an unforeseen plant outage, it is important to limit the magnitude of mark-to-market losses that may accrue on the purchase. A.3 Total Portfolio Risk Exposure Limits Energy and fuel risk exposure of DME's portfolio shall be managed based on Rates at Risk (RaR). RaR is the difference between the total expected revenues from the Energy Cost Adjustment and Page 22 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy the potential revenue requirement needed to fully cover potential net fuel and power supply costs. RaR limits for the total portfolio are: Warning Limit Hard Limit Rolling 12 months (in aggregate) $XX million $XX million June through September (in aggregate) $XX million $XX million Any single month within rolling 12 months $XX million $XX million Assumptions and specific limits associated with "at risk" metrics will be incorporated into this appendix as part of Phase 2. A.4 Open Position Management Market transactions shall be executed as a result of strategies designed to maintain the net open position (the gap between expected demand and committed supply) within tolerances which are consistent with current hedging strategies. The resultant net open position shall be updated to reflect the new transactions as soon as practical, but generally no later than the next business day. Net open position energy tolerances shall be set at the following Minimum Maximum Period Tolerance Tolerance Prompt Month xx % of load xxx % of load Prompt Quarter xx % of load xxx % of load Balance of Year xx % of load xxx % of load Prompt calendar year xx % of load xxx % of load Second calendar year xx % of load xxx % of load Third calendar year xx % of load xxx % of load Tolerance limits are under development and shall be set as part of Phase 2. Page 23 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy A.5 Transaction Limits Another vital control element in the management of energy risk is the development and adherence to transaction limits. Transaction limits ensure the energy portfolio management function is appropriate, deliberate and controlled at various levels of position aggregation and transaction duration. Transaction limits are established in consideration of overall portfolio strategies, market conditions and risk tolerance levels and include the following principles: ■ EMO personnel are authorized to execute any intra-day or day-ahead transaction which is necessary to mitigate market and financial risk exposure to DME customers. ■ Speculative transactions are those transactions with increase DME's risk exposure and are strictly prohibited. All transactions shall either reduce risks or be risk-neutral to DME customers. ■ No transaction may be executed for which DME does not have adequate systems or analytical methods to track, record, value, or analyze the incremental cash flow and risk. ■ Any single transaction for a term greater than two years must be approved by the RMC prior to execution. ■ Scheduling of loads and resources, along with corresponding bid or offer prices associated with ERCOT Day Ahead Market (DAM) or ERCOT Supplementary Ancillary Services (SASM) Market are not subject to this Risk Policy or to the limits outlined below and do not require prior RMC approval. All executed transactions must be evidenced by a paper confirmation that includes a time/date stamp. Further, all transactions shall be conducted on recorded phone lines, electronic trading platforms, or other media that can be recorded and documented. All confirmations must be signed by the person with the authority to enter into such transaction. Confirmations for transactions with ERCOT are evidenced through the ERCOT Settlement Summary statement. The following tables outlines the transaction authorization limits established for EMO personnel when executing transactions. EMO personnel are permitted to execute transactions less than or equal to their designated limits or under the direction of someone having the required authority. Only the Approved Transaction Types listed in Appendix D may be executed unless approved by the RMC. A.5.1 Bilateral or Financial Power Transaction Limits Per Transaction Limits (up to) Page 24 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy Title Term Lead Time Transaction $/MWH Size (MW) City Council No Limit No Limit No Max No Max City Manager < 3 Years < 4 Years 100 $200 DME General Manager < 1 Year < 3 Years 100 No Max Market Operations < 1 Month < 12 Month 50 $250 Manager Day Ahead to 1 Month Senior Energy Market < 1 Week < 1 Week 100 $250 Analyst Day Ahead to balance of week Energy Market < 1 Day < 1 Day 400 $1,000 Operator Hourly to balance of day Notes: • Transaction Limits represent MW volume per hour and dollars/MWH for each transaction executed. • Lead time represents the time period from the date a trade is executed to the start of delivery. • Authorized products include electric power, including both physical and financial derivatives, as well as ancillary services. Financial derivatives may be over the counter Electric Forwards and Options or Exchange Traded Products A.5.2 ERCOT Congestion Revenue Rights (CRRs) Transaction Limits CRR transaction limits under development Page 25 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy A.5.3 Physical or Financial Natural Gas Transaction Limits Per Transaction Limits (up to) Title Term Lead Time Transaction Size $�MMBTU (MMBTU/day) City Council No Limit No Limit No Max No Max City Manager < 3 Years < 4 Years 10,000 No Max DME General � 1 Year < 3 Years 2,500 No Max Manager — — Market < 1 Month Operations < 12 Month 2,500 $10 Manager Monthly < 1 Week Senior Energy < 1 Week 45,000 No Max Market Operator Day Ahead to balance of week < 1 Day Energy Market < 1 Day 45,000 $6 Operator Hourly to balance of day Notes: • Natural Gas transactions limited to the following locations: Henry hub or locations within Texas • Authorized products include natural gas, including both physical and financial derivatives. Financial derivatives may be over the counter Gas Futures and Options or Exchange Traded Products The need for natural gas services other than commodity purchases to support the Denton Energy Center (e.g., natural gas storage and transportation services) is currently under review. If needed, transaction limits to cover these services will be added to this appendix as part of Phase 2. Page 26 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy A.5.4 Renewable Energy Credit Transaction Limits Per Transaction Limits (up to) Title Vintage Volume $/REC City Council No Limit No Limit No Max City Manager < 2 Years 1,200,000 No Max DME General � 1 Year 600,000 No Max Manager — Market < 3 Month Operations 300,000 No Max Manager Month to Quarter < 1 Week Senior Energy N A N/A Market Operator Day Ahead to balance of week < 1 Day Energy Market N A N/A Operator Hourly to balance of day The need for trading additional energy-related products, such as carbon offsets, emissions allowances and weather derivatives is currently under review. If needed, transaction limits to cover these services will be added to this appendix as part of Phase 2. Page 27 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy Appendix B DEFINITIONS Participation in physical and financial energy markets has the potential to expose DME to the risks of cost and pricing uncertainty, revenue and commodity market volatility, and difficulty in meeting budgeted cash flow targets. The following section provides descriptions of the energy- related risks the Policy is intended to address. BASIS RISK Basis risk is the difference between the index used in a financial hedge versus the physical commodity being hedged. For example, if a company hedged future purchases of natural gas with an index based on the price of natural gas at a certain delivery point, a risk would exist that the price of natural gas delivered to the company would go up and the price of natural gas at the financial delivery point would not. CREDIT RISK Credit risk is the risk that a counterparty to a transaction may be unable or unwilling to fulfill its present and future obligations; i.e. perform on a sale or purchase agreement. The potential for unrealized gains or losses may accrue in physical contracts prior to actual delivery obligation. The creditworthiness of counterparties is a function of different factors affecting the credit rating assigned to a counterparty by major credit rating services or an internal evaluation of the counterparty's financial strength. Factors include future market values and credit variables (i.e. price level, price differentials, volatility, correlation, default rates, etc.) that affect earnings, cash flows, and fair values. The credit standing of an existing or potential counterparty may be established from its credit rating (published by one of the commonly recognized rating agencies), market intelligence, electronic news releases, or other public information sources. Managing credit exposure is an important component in bilateral over-the-counter (OTC) energy transactions. Some practices in managing credit exposure: • Establish appropriate measures of counterparty creditworthiness such as financial strength, market presence, extent and location of generation assets, performance history, and contracting terms. • Set a minimum credit standard or criteria for counterparties based on DME's requirements for the above measures. • Apply the criteria to potential counterparties and develop a list of pre-approved counter- parties. • Require letters of credit or other acceptable collateral from counterparties who do not meet the criteria. • Engage in bilateral transactions with only pre-approved counterparties who meet or exceed Page 28 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy the criteria. The potential financial impact from a counterparty default could be significant. However, it is believed that Section 3.4 of this Policy provides an effective mechanism to appropriately and effectively manage such risk. LIQUIDITY RISK Liquidity risk is the uncertainty of DME's potential performance due to the inability to transact at expected market prices. From the Front Office perspective, liquidity is the ease with which a trader can enter or exit a financial position without impacting price. An illiquid market is a market where few transactions occur and large bid-ask spreads persist for long periods of time. From a Middle Office perspective, liquidity is the uncertainty of DME's potential performance due to a shortage of cash and available lines of credit in the event of a large collateral call by ERCOT or a bilateral trading partner or due to a large trading loss. Key drivers of liquidity risk are the size of DME's energy commodity position, the contract tenor, price volatility and the ability to maintain a solid credit rating. MARKET PRICE RISK Market Risk is the uncertainty of DME's potential performance due to volatile commodity market prices (i.e. price risk). The potential for market risk is inherent in DME's operations due to the financial impact of variable energy commodities, ancillary service prices and potentially related financial variables. Variability in any of these parameters has the potential to cause volatility in expenses, customer rates, and revenues as well as the value of energy-based assets and liabilities. To protect itself from electricity or fuel market price spikes, this Policy authorizes DME to participate in the energy markets described in Appendix E to manage its energy portfolio proactively, seizing upon opportunities to limit energy commodity risk and produce additional revenues. The electricity and natural gas markets contain numerous opportunities to stabilize prices through forward transactions. MODEL RISK Model Risk is the uncertainty of DME's performance due to potentially inaccurate or incomplete characterization of a transaction or portfolio elements due to fundamental deficiencies in models and/or information systems. OPERATIONAL AND VOLUMETRIC RISKS Operational risk is the risk that not enough resources are available to meet DME customer load requirements. Volumetric risk is risk that energy commodity purchases fail to exactly match Page 29 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy requirements, creating an unplanned net long or short position. These risks are managed by a series of accepted industry practices, including the following: • Electric supply risk is managed by maintaining adequate planning resource margins and operating reserves; • Fuel supply risk is managed by owning or contracting for storage services and maintaining fuel supply inventories to assure continued operations under most potential shortage conditions; • Taking the opportunity to stabilize costs through forward "seasonal transactions" Operational risk of extreme load conditions and resource or transmission outages are not specifically addressed in this Policy. The importance of an accurate load/resource balance forecast and the ability to react to contingencies and to minimize volumetric risk are to be handled through DME's standard operating procedures. ORGANIZATIONAL RISK Organizational risk is the risk of unclear lines of responsibility and accountability and the lack of adequate controls to ensure effective implementation of this Policy. However, overly burdensome or restrictive controls or restraints that render a process ineffective in its ability to make timely decisions can also result in organizational risk. This risk is believed to be minimal as organizational and oversight responsibilities and expectations are clearly delineated throughout this Policy. OUTAGE RISK Outage risk is the uncertainty of DME's performance due to uncertainty in the availability, forced outage frequency, and/or planned outage scheduling and duration of DME's generating facilities (including those in which DME has partial ownership or contractual entitlements). REGULATORY RISK Regulatory risk is the uncertainty of DME's performance due to potential change in laws and / or regulations. Page 30 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy Appendix C ORGANIZATIONAL STRUCTURE Energy Management Organization Front Office II.................................................................................................�..............................................................................................II Energy Management Organization Middle Office Energy Management Organization Back Office Page 31 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy Appendix D APPROVED TRANSACTION TYPES Products allowed for energy management activities include the purchase and sale of electric energy, ancillary services, ERCOT Congestion Revenue Rights, Renewable Energy Credits and natural gas (commodity). The RMC is responsible for authorizing all products and commodity types as further detailed in the EMO Procedures Manual. All transactions must follow certain requirements as described throughout this Policy. Key elements include: • All transactions must be committed to by authorized transacting personnel • All transactions must be with approved counterparties • All transactions must be with counterparties with adequate available credit • All transactions must be committed over recorded phone lines or via electronic mail • All transactions must be approved transaction types • All transactions must be consistent with this Policy and the EMO Procedures Manual Failure to observe the above minimum requirements when executing energy transaction is a violation of Policy and is subject to disciplinary action. Authorized Markets The EMO is authorized to transact in the following markets • ERCOT Physical and Financial Power • Physical Natural Gas at locations within Texas • Financial Natural Gas o New York Mercantile Exchange (NYMEX) ■ Henry Hub ■ Locations in Texas o Natural Gas Contracts traded Over-the-Counter (OTC) o NYMEX ClearPort o Intercontinental Exchange (ICE) • Natural Gas Exchange (NGX) Renewable Energy Credits • Weather Derivatives Page 32 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy POWER TRANSACTIONS Power transactions shall be limited to delivery or exposure to power within ERCOT. 1. Physical a. Fixed-price purchases and sales b. Index-price purchases and sales c. Fixed-price forward block purchases and sales (e.g., Peak Weekday, Peak Weekend, Nights) d. Forward block purchases and sales with price indexed to natural gas e. Spot purchases and sales through Day-Ahead or Real Time markets, Commodity Exchanges or bilateral contracts f. CallOptions g. Put Options h. Ancillary services 2. Financial a. Fixed for floating price swaps b. Exchange traded or OTC Call options c. Exchange or OTC Put options d. Ancillary Services e. ERCOT Congestion Revenue Rights (CRRs) NATURAL GAS TRANSACTIONS Natural Gas transactions shall be limited to exposure to Henry Hub or a location within Texas 1. Physical Gas which may be needed to support operation of the Denton Energy Center a. Natural Gas commodity b. Natural Gas transportation c. Natural Gas storage 2. Financial a. Exchange traded futures b. Exchange traded or OTC Call options c. Exchange traded or OTC Put options d. Index options Other authorized energy-related commodity transactions Page 33 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy 1. Renewable Energy Credits (RECs) associated with energy that has already been generated within the last 3 years. Not allowed are RECs associated with energy that will be generated at some future point in time.2014-060 2. Weather Derivatives Page 34 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Energy Risk Management Policy Appendix E ENERGY RISK MANAGEMENT POLICY ACKNOWLEDGEMENT FORM The purpose of this form is to confirm that City of Denton employees involved with the Energy Portfolio Management program have received, read, and understand DME's Energy Risk Management Policy. Employee Name: Title: Department: Supervisor: My signature below confirms that I have received, read and understand DME's Energy Risk Management Policy and appendices, and the City of Denton policies regarding employee conduct. Signature of Employee Date Page 35 This document and any attachments thereto may contain information that is confidential, commercially-sensitive, proprietary, and/or public power utility competitive and financial information in accordance with the provisions of Texas Government Code, Section 552.101, 552.104, 552.110 and/or 552.133, and may be protected from required public disclosure. Schedule for incorporating Deloitte recommendations into DME's Energy Risk Management Policy and Operating Procedures HIGH PRIORITY Capability Sub capability Recommendations Addressed in Timing Policy Update 1 Governance 1.1.1.R1 Risk Review Risk Policy. Reassess March report Phase 1 Governance governance hierarchy to Council / Hierarchy PUB 2 Governance 1.1.1.R2 Update Policy and Procedures to p. 5 Phase 1 Governance show daily, monthly, quarterly (Operating Hierarchy and annual practices Procedures will be updated separately in Phase 2) 3 Governance 1.1.2.R1 BOD Frequency of risk reporting to pp. 8, 16 Phase 1 oversight Council. Standing agenda. Pre- reads 4 Governance 1.1.3.R1 Risk Consolidate to single RMC. p. 8 Phase 1 Management Reconstitute Committee Committee members 5 Governance 1.1.3 R4 Regularly scheduled RMC p. 8 Phase 1 meetings. Standard set of reports prepared and distributed by Chairman before meeting 6 Risk Policy 1.2.1.R1 Risk Expand Policy Appendix A to pp. 24-26 Phase 1 Policy & Admin include wider range of limits • Tenor Limits • Volume Limits by day, week, month • Risk limits Document process for monitoring pp• 16-17 and reporting non-compliance of limits 7 Risk Policy 1.2.1.R2 Policy & Update Risk Policy Appendix D pp. 32-34 Phase 1 Admin specificity on permissible products and instruments. • Commodities authorized • Derivative instruments allowed • Non-derivative products allowed (CRRs) 8 Risk Policy 1.2.1.R3 Policy & Update Risk Policy & Procedures. p. 5 Phase 1 Admin Seek formal approval by RMC and (Operating Council Procedures are approved by RMC only. No Council approval necessary) Schedule for incorporating Deloitte recommendations into DME's Energy Risk Management Policy and Operating Procedures Capability Sub capability Recommendations Addressed in Timing Policy Update 9 Hedge 1.3.1.R1 Discuss hedge strategy in Risk pp. 8-9, 16, Phase 2 Program Objectives & Policy including design processes, 21, 22 Design Hedge Strategy objectives, implementation, Design simulation testing and measures. Report failures to achieve objectives 10 Hedge 1.3.2.R1 Risk Quantify DME risk profile. pp. 9, 11-17, Phase 2 Program Profiling & • Risk exposure — w/ & 21-23 Design Hedge Strategy w/o hedges Analysis • Volume exposure • Price exposure • At risk metrics 11 Hedge 1.3.4.R1 Risk Develop and implement risk pp. 12, 22-23, Phase 2 Program Limits limits linked to financial 28 Design objectives • At risk metrics such as Rate at Risk, Cash Flow at Risk, Credit & Collateral at Risk • Monthly reports to RMC • Link risk limits to pre- approved risk mitigation strategies 12 Delegation 1.4.1.R1 Ensure consistency of Delegation Not part of Risk Policy. Updating of Delegation of of Authority memo to Risk Policy 7/7/17 memo to reflect current Authority Authority staffing and organization. 13 Roles, 2.3.1.R1 Cross training to provide Part of Ongoing Resources Adequacy of redundancy across front, middle separate & Structure Resources and back offices effort 14 Position, 3.4.R1 At-Risk Middle Office should implement pp. 9, 12-15 Phase 2 P/L, Risk Measures risk metrics and measurements Reporting 15 Position, 3.4.R2 At-Risk Daily risk reports sent to RMC pp. 5, 9, 11, Phase 2 P/L, Risk Measures members in addition to EMO 16 Reporting personnel. Tie risk metrics to hedge strategy and program objectives. 16 Data/Risk 4.1.1.R1 Identify alternative ETRM Not part of Risk Policy. Will seek Inputs Visibility of All systems and implement Council approval separately. Risks / Commodities Schedule for incorporating Deloitte recommendations into DME's Energy Risk Management Policy and Operating Procedures MEDIUM PRIORITY Capability Sub category Recommendations Addressed in Timing Policy Update 1 Governance 1.1.1.R2 BOD Develop quarterly risk p. 8 Phase 2 Oversight management report for Council / PUB 2 Governance 1.1.1.R3 BOD Periodic training of Council / p. 16 Phase 2 Oversight PUB on fundamentals of energy markets & commodity trading 3 Governance 1.1.3.R2 Risk Establish RMC chairman. pp. 7-8 Phase 1 Management Define duties of chairman. Committee Identify resources to support day-to-day oversight responsibilities of chairman 4 Governance 1.1.3.R3 Risk Create RMC meeting p. 8 Phase 1 Management guidelines Committee 5 Governance 1.1.4.R1 Update organizational chart, p. 31 Phase 1 Segregation of job descriptions Duties 6 Risk Policy 1.2.1.R4 Risk Formal and annual p. 35 Phase 2 Policy & Admin acknowledgement that all required personnel have reviewed and understand risk policy 7 Risk Policy 1.2.2.R1 Risk Review and maintain log of pp. 9-10 Phase 2 Policy Updates changes to Risk Policy & Risk Operating Procedure. Create procedures to ensure updates are distributed and communicated to organization. 8 Hedge 1.3.1.R2 Review hedge strategy at p. 9 Phase 2 Program Objectives & least annually and evaluate Design Hedge Strategy EMO performance. Design 9 Hedge 1.3.3.R1 Risk Quantify DME's risk appetite pp. 12, 22 Phase 2 Program Appetite and tolerances and create Design framework for communicating with Council and PUB 10 Hedge 1.3.5.R1 Book Document book structure in Not part of Risk Policy. Book Program Structure Operating Procedures structure part of ETRM Design Manual implementation. Will be documented Schedule for incorporating Deloitte recommendations into DME's Energy Risk Management Policy and Operating Procedures Capability Sub category Recommendations Addressed in Timing Policy Update in Operating Procedures (approved by RMC) 11 Knowledge 2.1.1.R1 Resource Knowledge sharing within Ongoing Sharing Adequacy EMO front, middle and back Knowledge office groups to help offset Sharing rapidly changing organizational changes. Topics may include • Hedge accounting • Risk modeling and analysis • Risk assessment • Market risk • Credit risk 12 Knowledge 2.1.1.R2 Resource Increase interaction between Planning to implement during Q3- Sharing Adequacy Front, Middle and Back office 2018 Knowledge groups to get exposure Sharing outside of their day-to-day responsibilities 13 Product 3.1.1.R1 Review and approval or load pp. 7, 11, 12 Phase 2(EMO Requirement Communications forecasting methodology by procedures manual Forecasting RMC. Document needs updating. & Planning methodology in EMO RMC members Procedures Manual need training before they can approve methodology.) 14 Pre-trade 3.3.1.R1 Tactical Add following standard p. 8 Upon adoption of Analytics Meetings agenda items for RMC Phase 1 Risk Policy meetings update • Current objectives • Compliance with risk limits • Required hedging activity • Emerging risks • Other key topics 15 Pre-trade 3.3.2.R1 Trade Develop daily report showing p. 9-10 Various daily Analytics Analysis & compliance with all risk and reports currently Comparison hedge strategy compliance produced and Against Limits limits distributed manually. Expansion to include risk limits and hedge strategy compliance will be added as part of Phase 2 and Schedule for incorporating Deloitte recommendations into DME's Energy Risk Management Policy and Operating Procedures Capability Sub category Recommendations Addressed in Timing Policy Update automated as part of ETRM replacement project. 16 Position, 3.4.1.R1 Position Include automated Position Will be a requirement of new ETRM P/L, Risk Reporting Reporting as part of new system Reporting ETRM System 17 Position, 3.4.2.R1 Mark-to- Include automated MtM and Will be a requirement of new ETRM P/L, Risk Market Process P&L process as part of new system Reporting ETRM System 18 Position, 3.4.3.R1 Market Expand description of market Dependent on Phase 2 P/L, Risk Data Sourcing data sourcing and forward ETRM system. Reporting curve development / Will include in modification in Risk Policy Operating Manual Procedures. 19 Position, 3.4.5.R1 Develop standard reporting p. 16 Phase 2 P/L, Risk Management package for Council and PUB Reporting Reporting 20 Controls 3.8.1.R1 Process Develop control framework p. 9, 21-27 Phase 2 Controls for energy and risk management activities, including Control objectivity, activity and type 21 Data / Risk 4.1.3.R1 Review Develop and clearly Part of new implementation of new Inputs and Approval of document process for ETRM system. Will be included in Data Sourcing & validating price and volatility Operating Procedures (approved by Valuation data in ETRM system RMC) Methodologies 22 Data / Risk 4.1.3.R1 Review Ensure segregation of duties pp. 8-10 Part of new Inputs and Approval of between Front and Middle implementation of Data Sourcing & Offices as part of data new ETRM system Valuation sourcing and MtM process. Methodologies 23 Controls 4.3.2.R1 End of Develop and document end Part of new implementation of new Day Processing of day activities ETRM system. Will be included in Operating Procedures (approved by RMC) Schedule for incorporating Deloitte recommendations into DME's Energy Risk Management Policy and Operating Procedures LOW PRIORITY Capability Sub category Recommendations Addressed in Timing Policy Update 1 Risk Policy 1.2.1.R5 Risk Develop compliance log of p. 9 Phase 2 Policy & Admin operational / procedural violations 2 Pre-trading 3.2.2.R1 New Develop a new product review p. 9 Phase 2 Activities Products and approval process 3 Position, 3.4.6.R3 At-Risk Periodic independent review of pp. 8, 9 Phase 3 P/L, Risk Measures daily portfolio-level risk report Reporting 4 Stress 3.5.1.R1 Scenario Middle Office perform regular p. 13 Phase 2 Testing Analysis stress-tests to ensure ongoing validity of at-risk metrics 5 Stress 3.5.2.R1 Back Middle Office perform back pp. 8, 9, 13 Phase 2 Testing testing Risk testing of at-risk Measurements measurements annually 6 Stress 3.5.2.R2 Back Document back testing of at- p. 13 Phase 2 Testing testing Risk risk measurements in EMO Measurements Operating Procedures manual 7 Stress 3.5.2.R3 Back Independent resource should p. 13 Phase 2 Testing testing Risk review back testing results and Measurements methodology 8 Settlement 3.6.1.R1 Include capability to retrieve Part of new implementation of new Actualization actual prices and volumes in ETRM system. Will be included in ETRM system to support Operating Procedures (approved by settlement processes RMC) 9 Settlement 3.6.2.R1 Develop formal settlement Part of new implementation of new Settlement discrepancy tracking and ETRM system. Will be included in Discrepancies resolution log Operating Procedures (approved by RMC) 10 Accounting 3.7.1.R1 G/L Develop formal realized P&L Part of new implementation of new Reconciliation — discrepancy tracking and ETRM system. Will be included in Realized P&L resolution log Operating Procedures (approved by RMC) 11 Accounting 3.7.2.R1 Develop formal unrealized P&L Part of new implementation of new Reconciliation — discrepancy tracking and ETRM system. Will be included in Unrealized P&L resolution log Operating Procedures (approved by RMC) 12 Accounting 3.7.3.R1 Links Within either the ETRM system Part of new implementation of new between hedge or manually, document the link ETRM system. Will be included in and exposure between each hedge Operating Procedures (approved by transaction (hedge instrument) RMC) and the exposure it is intended to hedge (hedged item). Requirement to document the link should be included in EMO Schedule for incorporating Deloitte recommendations into DME's Energy Risk Management Policy and Operating Procedures Capability Sub category Recommendations Addressed in Timing Policy Update Procedures manual and desk procedures 13 Controls 3.8.1.R2 Controls Periodic independent review of pp. 11-14 and Ongoing. Processes Processes the following controls in Operating • Deal capture Procedures Implementation • Trade execution (approved by details on model • Data sourcing and RMC) validation and valuation controls methodologies framework is • Risk limit compliance currently under • Risk management development and program compliance will be added to • Credit limit Policy as part of compliance Phase 2. • Annual credit assessments • User roles and permissions and regular updates • Risk Policy compliance • EMO Procedures compliance 14 Credit 3.9.1.R1 Credit Evaluate current methodology Include in Phase 2 Rating and verify it is adequately Operating Methodology described in EMO Procedures Procedures manual. Consider whether it (approved by would be more appropriate to RMC) include in a desk procedure 15 Credit 3.9.2.R1 Credit Evaluate whether EMO Underway Phase 2 Rating Procedures for credit Methodology evaluations should be updated 16 Credit 3.9.3.R1 Evaluate whether EMO Underway Phase 2 Counterparty Procedures for counterparty Creditworthiness creditworthiness reviews Reviews should be updated 17 Credit 3.9.3.R2 Document a more detailed Underway Phase 2 Counterparty desk procedure based on Creditworthiness Counterparty Evaluations EMO Reviews Procedure manual 18 Reporting 4.2.1.R1 Planned Develop automated position, Part of new implementation of new Reporting credit and risk reports ETRM system. Will be included in Operating Procedures (approved by RMC) 19 Reporting 4.2.2.R1 Ensure all transactions are Part of new implementation of new Confirmations appropriately tagged with a ETRM system. Will be included in status (actual, pending, Operating Procedures (approved by confirmed) and develop a RMC) trade status report to allow Schedule for incorporating Deloitte recommendations into DME's Energy Risk Management Policy and Operating Procedures Capability Sub category Recommendations Addressed in Timing Policy Update Front, Middle and Back offices the required visibility into transacting activity 20 Controls 4.3.1.R1 Develop a set of deal capture Part of new implementation of new Transaction controls to ensure transactions ETRM system. Will be included in Completeness are entered timely, completely Operating Procedures (approved by and Accuracy and accurately within new RMC) ETRM system 21 Controls 4.3.1.R2 Review transaction capture Will initiate upon implementation of controls on an annual basis new ETRM system. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-616, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding an ethics ordinance from attorney Alan Boj orquez. City of Denton Page 1 of 1 Printed on 4/13/2018 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 City Manager's Office Bryan Langley April 17, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding an ethics ordinance from attorney Alan Bojorquez. BACKGROUND The process for the creation of an ordinance is to hold an estimated nine (9) meetings from December 2017 to April 2018. The City Council held a series of five (5) meetings from December 2017 to February 2018 to discuss various elements of an ethics ordinance and to provide direction in the creation of an ethics ordinance. On March 6, 2018, attorney Alan Bojorquez presented a first draft of an ethics ordinance to City Council titled Draft "A" and a second draft ordinance titled Draft "B" was presented on March 20, 2018. A third draft ordinance titled Draft "C" was presented on Apri13, 2018. This meeting will review the ethics ordinance. As directed, staff has drafted the agenda to allow for Council to suspend the Rules of Procedures to provide an opportunity for public comment at Work Sessions where the ethics ordinance will be discussed. In addition, a public hearing will be held during the regular session meeting of City Council on April 17, 2018 beginning at 6:30 p.m. Included as Exhibit 2 is a redlined version of changes from Draft "C" provided by Alan Boj orquez. Exhibit 3 is the ethics ordinance based on the feedback that staff has received during the prior City Council meetings with modifications in section numbering to be consistent with Chapter 2 of the Code of Ordinances. Public comment received through the creation of the ordinance has been included as Exhibit 4. There have been twelve (12) speakers at City Council meetings, three (3) comments received through email, and three (3) public comments recived through the form available on the website. A presentation has been included as Exhibit 5. ESTIMATED SCHEDULE OF PROJECT Adoption of the ethics ordinance is planned for April 17, 2018. PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 14, 2017- City Council directed staff to hire attorney Alan Bojorquez. December 5, 2017- The first meeting with attorney Alan Bojorquez was held. December 19, 2017- The second meeting with attorney Alan Bojorquez was held. January 27, 2018- The third meeting with attorney Alan Bojorquez was held. February 6, 2018- The fourth meeting with attorney Alan Bojorquez was held. February 20, 2018- The fifth meeting with attorney Alan Bojorquez was held. March 6, 2018- Ethics Ordinance Draft "A" was presented to City Council. March 20, 2018- Ethics Ordinance Draft "B" was presented and a public hearing was held. Apri13, 2018- Ethics Ordinance Draft "C" was presented and a public hearing was held. FISCAL INFORMATION The current cost for ordinance development is approximately $36,000. Any additional meetings would be at a cost of $4,000 each and not-to-exceed $40,000 total. 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 EXHIBITS Exhibit 1- Agenda Information Sheet Exhibit 2- Ethics Ordinance Redline Exhibit 3- Ethics Ordinance Exhibit 4- Public Comment Exhibit 5- Presentation Respectfully submitted: Bryan Langley Deputy City Manager Prepared by: Charlie Rosendahl Management Analyst ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� CITY OF DENTON, TX ORDINANCE NO. 2018- ETHICS ORDINANCE AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE CODE OF ORDINANCES, RELATED TO CHAPTER 2. TITLED "ADMINISTRATION" ARTICLE XI. TITLED "ETHICS" AND PROVIDING FOR FINDINGS OF FACT, REPEALER, SEVERABILITY, CODIFICATION, EFFECTIVE DATE, PROPER NOTICE AND MEETING. WHEREAS, the City Council of the City of Denton enacts this new Code of Ethics to foster a culture of integrity for those who serve the municipality and our citizenry; and WHEREAS, the City Council strives to increase public confidence in our municipal government; and WHEREAS, the City Council finds that it is the policy of the City that all City Officials and employees shall conduct themselves in a manner that assures the public that we are faithful stewards of the public trust; and WHEREAS, the City Council has determined that city officials have a responsibility to the citizens to administer and enforce the City Charter and City Ordinances in an ethical manner; and WHEREAS, the City Council wants to enhance public confidence in our municipal government, by providing that each city official must strive not only to maintain technical compliance with the principles of conduct set forth in this Article, but to aspire daily to carry out their duties objectively, fairly, and lawfully; and WHEREAS, the City Council enacts this Ordinance to ensure that decision makers provide responsible stewardship of City resources and assets; and WHEREAS, the City Council intends this Ordinance to provide a framework within which to encourage ethical behavior, and enforce basic standards of conduct while providing due process that protects the rights of the complainant and the accused, and not to provide a mechanism to defame, harass or abuse political opponents, or publicize personal grudges; and ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� WHEREAS, on November _, 2017, Denton voters approved a proposition amending the Home-Rule Charter WHEREAS, prior to commencing the drafting process, the City Council completed two (2) hours of formal training on state ethics laws and common components of municipal ethics policies in Texas. WHEREAS, the contents of this draft was selected from a sampling of more than nineteen (19) municipal ethics policies from across Texas. WHEREAS, this document represents the consensus of preferences expressed by the City Council over a period of �ublic work sessions, and public hearings, which were broadcasted. Altogether, the work sessions exceeded hours of deliberations. WHEREAS, the City Council finds the attached amendments reasonable and necessary. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Denton, TX: 1. FINDINGS OF FACT The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. 2. AMENDMENT Chapter _, Article _ of the City of Denton Code of Ordinances is hereby amended, and after such amendment, shall read in accordance with Attachment "A", which is attached hereto and incorporated into this Ordinance for all intents and purposes. Any underlined text shall be inserted into the Code and any struck-through text shall be deleted from the Code, as stated on Attachment A. 3. REPEALER To the extent reasonably possible, Ordinances are to be read together in harmony. However, all Ordinances, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated, herein. 4. SEVERABILITY Should any of the clauses, sentences, paragraphs, sections or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. 5. CODIFICATION The City Secretary is hereby directed to record and publish the attached rules, regulations and policies in the City's Code of Ordinances as authorized by Section 52.001 of the Texas Local Government Code. 6. EFFECTIVE DATE This ordinance shall take effect upon the date of final passage noted below, or when all applicable publication requirements, if any, are satisfied in accordance with the City's Charter, Code of Ordinances, and the laws of the State of Texas. 7. PROPER NOTICE & MEETING It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. READ & ACKNOWLEDGED on First Reading on this, the day of Apri12018. READ & APPROVED on the Second Reading on this, the by: ATTEST: Jenifer Walters, City Secretary APPROVED AS TO FORM: Aaron Leal, City Attorney day of Apri12018.. APPROVED: Chris Watts, Mayor ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� Sec. 3-105. CITY OF DENTON CODE OF ORDINANCES CHAPTER : ADMINISTRATION ARTICLE . ETHICS Authority DIVISION 1. GENERAL This Article is enacted pursuant to the authority granted to the City under Section Charter. Sec.3-106. Purpose Attachment "A" of the The purpose of this Article is to foster an environment of integrity for those that serve the City of Denton and our citizenry. The City Council enacted this Article in order to increase public confidence in our municipal government. It is the policy of the City that all City Officials and employees shall conduct themselves in a manner that assures the public that we are faithful stewards of the public trust. City Officials have a responsibility to the citizens to administer and enforce the City Charter and City Ordinances in an ethical manner. To ensure and enhance public confidence in our municipal government, each City Official must strive not only to maintain technical compliance with the principles of conduct set forth in this Article, but to aspire daily to carry out their duties objectively, fairly, and lawfully. Furthermore, this Article was enacted to ensure that decision makers provide responsible stewardship of City resources and assets. It is not the purpose of this Article to provide a mechanism to defame, harass or abuse their political opponents, or publicize personal grudges. Rather, this Article is intended to provide a framework within which to encourage ethical behavior, and enforce basic standards of conduct while providing due process that protects the rights of the Complainant and the Accused. Sec.3-107. Prospective This Article shall apply prospectively, and shall not sustain any Complaints based on acts or omissions alleged to have taken place prior to adoption of this Article. Sec.3-108. Applicability ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� This Article applies to the following persons: (a) City Officials. (b) Former City Officials whose separation from city service occurred less than two (2) years from the date of the alleged violation of this Article. Application of this Article to Former City Officials shall be limited to alleged violations: (1) that occurred during the term as a City Official; (2) of the prohibition on representing others for compensation (§3-112(d)(2)); or (3) of the prohibition of subsequent work on prior projects (§3-112(h)). (c) Vendors; and (d) Complainant(s). Sec.3-109. Definitions The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accepted Complaint: a sworn allegation of a violation of this Article after the required documentation has been submitted to the City Auditor and determined to be administratively complete. Accused: a City Official who has been charged in a Complaint with having violated this Article. Actionable Complaint: an Accepted Complaint that has been deemed by a Panel to contain allegations and evidence that, if accepted as true, would support a finding that a violation of this Article occurred. Advisory Opinions: written rulings regarding the application of this Article to a particular situation or behavior. Article: the Code of Ethics for the City of Denton. Baseless Complaint: a Complaint that does not allege conduct that would constitute a violation of this Article, or that does not provide evidence that, if true, would support a violation of this Article. Board of Ethics: the oversight entity established by the Council to administer this Article. Business Entity: a sole proprietorship, partnership, firm, corporation, holding company, joint- stock company, receivership, trust, political subdivision, government agency, university, or any other entity recognized by law. ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� Candidate: a person who has filed an application for a place on a ballot seeking public office, or one who has publicly announced the intention to do so. Charged: to be charged with a violation of this Article is to have an Accepted Complaint deemed Actionable. City: the City of Denton in the County of Denton and State of Texas. City Auditor: the person appointed to serve in the capacity provided for by Section 6.04 of the City Charter, or their designee and clerical staff acting in the City Auditor's absence. City Official: for purposes of this Article, the term consists of the Council Members, City Manager, City Attorney, Department Heads, or member of the ll3��t;a;�a�,,,,,�;�� ;;�,��;��,�,,,,,,,Planning and Zoning Commission Members, Board of Adjustment, or Public Utilities Board. Code: the Code of Ordinances of the City of Denton, Texas, as such Code may be amended from time to time. Complainant: the human individual who submitted a Complaint to the City. Complaint: written documentation submitted to the City accusing a City Official of violating this Article. Confidential Information: any written information that could or must be excepted from disclosure pursuant to the Texas Public Information Act, if such disclosure has not been authorized; or any non-written information which, if it were written, could be excepted from disclosure under that Act, unless disclosure has been authorized by the City Council or City Manager. Council: the governing body of the City of Denton, Texas, including the Mayor and City Council Members. Deliberations: discussions at the dais; voting as a Member of the Board or Commission; presentations as a member of the audience before any City Board or Commission��,--��e��-�� a•u-��a (>�-� �=6�-v��=�. This term does not apply to a general vote on a broad, comprehensive or omnibus motion, such as approval of the City budget. Department Heads: the employees appointed by the City Council, those being the City Manager, City Auditor, City Attorney, and Municipal Court Judge. Former City Official: a City Official whose separation from city service occurred less than �� n�� (,�year�� from the date of an alleged violation of this Article. Frivolous Complaint: a sworn Complaint that is groundless and brought in bad faith or groundless and brought for the purpose of harassment. ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� Interfere: a person interferes with a process or activity pertaining to this section when they intentionally and wrongfully take part in, or prevent, a City process or activity from continuing or being carried out properly or lawfully. Panel: an ad hoc subcommittee of the Board of Ethics consisting of three (3) members assigned by the Chairperson or designated by the City Auditor (as applicable) on a rotating basis, at least one (1) of which is an attorney or retired jurist. Pending Matter: an application seeking approval of a permit or other form of authorization required by the City, State or Federal law; a proposal to enter into a contract or arrangement with the City for the provision of goods, services, real property or other things of value; a case involving the City that is (or is anticipated to be) before a civil, criminal or administrative tribunal. Person: associations, corporations, firms, partnerships, bodies politic and corporate, as well as to individuals. Recklessly: a person acts recklessly when they are aware of but consciously disregard a substantial and unjustifiable risk that a certain result is probable from either their conduct, or in light of the circumstances surrounding their conduct. The risk must be of such a nature and degree that to disregard it constitutes a gross deviation from the standard of care that an ordinary person would exercise under the circumstances. Relative: a family member related to a City Official within the third (3rd) degree of affinity (marriage) or consanguinity (blood or adoption). Shall: a mandatory obligation, not a permissive choice. Special Counsel: an independent, outside attorney engaged by the City to advise the City as an organization and/or the Board of Ethics. Vendor: a person who provides or seeks to provide goods, services, real property to the City in exchange for compensation. Sec. 3-110. Cumulative & Non-Exclusive This Article is cumulative of and supplemental to all applicable provisions of the City Charter, other City Ordinances, and State/Federal laws and regulations. Compliance with this Article does not excuse or relieve any person from any obligation imposed by any other Rule. Attempts to enforce this Article shall n��;�,,,be construed as foreclosing orprecluding other enforcement options provided by other law. ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� DIVISION 2. RULES OF CONDUCT Sec.3-111. Expectations The following list conveys the City Council's expectations for City Officials. These expectations are aspirational, and shall not serve as the basis for a Complaint. (a) City Officials are expected to conduct themselves in a manner that fosters public trust. (b) City Officials are charged with performing their public duties in a way that projects a high level of personal integrity and upholds the integrity of the organization. (c) City Officials must avoid behavior that calls their motives into question and erodes public confidence. (d) City Officials shall place the municipality's interests and the concerns of those the City serves above private, personal interests. (e) Those who serve the City are expected to value honesty, trustworthiness, diligence, objectivity, fairness, due process, efficiency, and prudence as values the City professes. (f) City Officials must balance transparency with the duty to protect personal privacy and preserve the confidential information with which the City has been entrusted. (g) It is neither expected nor required that those subject to this Article relinquish or waive their individual rights. Sec.3-112. Mandates (a) Duty to Report. City Officials shall reportanyconductthatthepersonknows to be a violation of this Article. Failure to report a violation of this Article is a violation of this Article. For purposes of this section, submittal of a Complaint or a report made to the Fraud, Waste or Abuse hotline shall be considered to be a report under this Section. A report to the hotline may remain anonymous unless disclosed by the caller. (b) Financial Disclosures. All Candidates for City Council, including Candidates for Mayor, shall file financial information reports as required by, and in accordance with, State law. All prospective Vendors and City Officials shall file disclosure forms as required by, and in accordance with, State law. (c) Business Disclosures 1N�;��rru �t ;Il��rrua�lrr;u,� �q�t:�t�a 1� ��a� ��;�� ( 1�y (��1�i�1, �rru„a� �� („�i�Y (.��1�1�1 ��t� ��rru�wl�a�� .��1rru„ $ �t .��a°trru�a° wi�� rru� �� wrru�a°� �� ll3a;��irru�� ][�u��a��„w1�� Il��rrua�lrru� �!q�t�t�a°x„�t;�:ll City Officials shall file with the City Auditor �z��-; �_�t, report� listing the_��rru�wrr;u, names of human individuals with whom the City Official �a, ��„�_(.;�%�y (:��i�i�1'� �.��a;�� is named partner in the following types of businesses: General Partnership, Limited Partnership, Limited Liability Partnership, or Limited Liability Corporation, or Professional Corporation. Annual reports shall be submitted within ninety (90) days of taking office. Failure to submit a report shall not ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� serve as a basis for a Complaint unless the City Official fails to submit a report within thirty (30) days of being provided written notification of the omission. Neither the existence of a business relationship as described in this Section, nor the submission of a report required by this Section shall prevent a City Official from participating in Deliberations on matters pending before the City absent a Conflicting Interest. Sec.3-113. Prohibitions (a) Conflicts of Interest: (1) Deliberation Prohibited. It shall be a violation of this Code for a City Official to knowingly deliberate regarding a Pending Matter for which the City Official currently has a Conflicting Interest. City Officials with a current Conflicting Interest in a Pending Matter must recuse themselves and abstain from Deliberations. It is an exception to this recusal requirement if the City Official serves on the City Council, Planning and Zoning Commission, or Board of Adjustment; and a majority of the members of that body is composed of persons who are likewise required to file (and who do file) disclosures on the same Pending Matter. (2) Disclosure Required. If a City Official has a Conflicting Interest in a Pending Matter, the City Official shall disclose the nature of the Conflicting Interest by filing a sworn statement with the City Auditor. Disclosures under this subsection shall be for the time period, including the previous calendar year, and up to date where the Conflicting Interest arises before the City Official. (3) Definition of ConfZicting Interest. For purposes of this Article, the term is defined as follows: ConfZicting Interest: a stake, share, equitable interest or involvement in an undertaking in the form of any one (1) or more of the following: (A) ownership of five percent (5%) or more voting shares or stock in a Business Entity; (B) receipt of more than six-hundred dollars ($600.00) in gross annual income from a Business Entity.x.....�:�..._�;�%��rr;u��:�....�.Y.....�:....�.::::.�.,.......�:..C��)�) ��... b�a. , ...........................:....,......... �,%a;u� i 1 ��:`....:��:�.....:�.��:`�:�:.� (C) ownership of more than six-hundred dollars ($600.00) of the fair market value of a Business Entity; (D) ownership of an interest in real property with a fair market value of more than six-hundred dollars ($600.00); (E) serves on the Board of Directors or as an Officer of a Business Entity, unless the City Official was appointed to that position by the City Council; and/or ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� (F) serves on the Board of Directors �i.�., ��v�arr��n�b�l��y_)„_or as an Officer of a nonprofit corporation or an unincorporated association, unless the City Official was appointed to that position by the City Council. A City Official is considered to have a Conflicting Interest if the City Official's relative has a conflicting interest. The term Conflicting Interest does not include ownership of an interest in a mutual or common investment fund that holds securities or assets unless the City Official participates in the management of the fund. (b) Gifts. (1) General. It shall be a violation of this Article for a City Official to accept any gift that might reasonably tend to influence such Officer in the discharge of official duties. (2) Specific. It shall be a violation of this Article for a City Official to accept any gift for which the fair market value is greater than fifty dollars ($50.00). It shall be a violation of this Article for a City Official to accept multiple gifts from a single source for which the cumulative fair market value exceeds two-hundred dollars ($200.00) in a single fiscal year. (3) It shall be a violation of this Article for a Vendor to offer or give a Gift to a City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts cumulatively valued at more than two-hundred dollars ($200.00) per a single fiscal year. (4) Definition of Gift. Anything of monetary value, including but not limited to cash, the extension of credit, personal property, real property, services, meals, entertainment, and travel expenses. (5) Exceptions. This definition shall not apply to the following, which are allowed under this Article: (A) a lawful campaign contribution; (B) meals, lodging, transportation, entertainment, and related travel expenses paid for (or reimbursed by) the City in connection with the City Official's attendance at a conference, seminar or similar event, or the coordinator of the event; (C) meals, lodging, transportation, or entertainment furnished in connection with public events, appearances or ceremonies related to official City business, or charity functions, or community events, if furnished by the sponsor of such events (who is in attendance); ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� (D) complimentary copies of trade publications and other related materials; (E) attendance at hospitality functions at local, regional, state or national association meetings and/or conferences; (F) any gift that would have been offered or given to the City Official because of a personal, familial, professional relationship regardless of the City Official's capacity with the City; (G) tee shirts, caps and other similar promotional material; (H) complimentary attendance at political or charitable fund raising events. (6) Donations. It is not a violation under this Article for a City Official to accept a Gift prohibited by this Article on behalf of the City of Denton. Conveyance of a Gift prohibited by this Article to the City of Denton or a nonprofit corporation cures any potential violation. (c) Outside Employment. (1) Applicability ofSection. This subsection applies to Department Heads. (2) Prohibition. It is a violation of this Article for a Department Head to solicit, accept, or engage in concurrent outside employment which could reasonably be expected to impair independence of judgment in, or faithful performance of, official duties. (3) Disclosure and Consent. It is a violation of this Article for a Department Head to accept employment from any Person other than the City without first disclosing the prospective employment arrangement in writing to the Mayor and receiving the Mayor's written consent. (d) Representation of Others. (1) Current City Officials. It shall be a violation of this Article for a City Official to represent for compensation any person, group, or entity before �;,,,,1��a�,,,,��° �,�a�a�%�„�i�rr;u,_�„��_the City. For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. (2 l�'�a��ra��x�� ,'i� (� "i�°ic.�C��m If:t ��11 �� t vi�l�t:ti�rru �� .a°ti�1� ��a° �t (.'i� (��i�i�1 �� a°� .�a°��rru� ��a° ��au� .��rru��t:ti�rru �rru ��a°��rru $u-�a;� .� �a° �rru�i� ��a°� �� (:'i� (:'�a;�rru�il �a �t ��aa� �a;: ��au�a;u�1��1�nu: �� „ ( 1�y �;�a �t ��a1�a� �„� �nu�....f � ° �� a�u�lrru�t:�l�rru.�� 1�1�1 �a�,�1�� I�� a,��1�i�rru ��.�1i�� a��.�a°��rru��t:ti�rru irru �� a au� _�� t�v,��t� �a° 1�� irru $ a°� $�ta°a�irru $ a�i��a°��i�rru�ta ��.��.�a°�v�1� �� (.'i�v, rru�� a�;a,��lrru�x,�;u�lrru��a1�1 �t�;�l�rru�.........��a ��;a,;�a�� i� �a��i�rru, �� a•�u� ��au��rru��t�l�rru au��rru� au��rru� �a° �trru ��a° ��rru $ �� v�tla�� t:t i� a°��iv�a� �a° i� �� a��1v�a�,....irru a��a,�;arr� ��a°.�a lrru �,�rrurru��;�l�rru w%�� a��,�� a��a�;��rru��t:�i,�rru ��;�� ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� ��a��1�1�rru irru �� a��1�rru ��1�1y �t .� .�1i�� a°au��a° ('i� (.��i�i�1 �rrua� ��11 rru�t �� rru��°a;��a� �� t .� .�1 �� a° �t��ili�t��a� :IE��a ��rru�. �.... , ,. �� ... .. � - � ' � �� ._, � =� � . �. . .� . �... � . . .. , . � .. ." . . , � • � . . , . � : . . �c��a��--� . .� . . , �. ��....e�� , �--��=C��a=.�.�,� . ._ �...��--�-�-��a�a�- . . ��.. , ,,. � ��-�-��u-�=�---�=�=��-�- � ,.� rr��y��-�--°�� 1-� �.� ',.� .. . • _ .',.� .. . . • _ : ' a• • ' �� -�� ' �,�� n��n��=�--�=�=��n�...��C�.....�e��.��...:� ��a°�.�a� �• :. ��-��1-�-�a�....�. � �: �.... �:� _ � . ��a:�....N�a��e��: , y� : �. � (e) Improper Influence. It shall be a violation of this Article for a City Official to use such person's official title/position to: (1) secure special privileges or benefits for such person or others; (2) grant any special consideration, treatment or advantage to any citizen, individual, business organization or group beyond that which is normally available to every other citizen, individual, business organization or group; (3) assert the prestige of the official's or employee's City position for the purpose of advancing or harming private interests; (4) state or imply that the City Official is able to influence City action on any basis other than the merits; and (5) state or imply to state or local governmental agencies that the City Official is acting as a representative of the City, as an organization, or as a representative of the City Council without first ha�ing been authorized by the City Council to make such representation (except the Mayor, City Manager, and City Attorney). (f) Misuse of Information. (1) Personal Gain. It shall be a violation of this Article for a former City Official to use any confidential information to which the City Official had access by virtue of their official capacity and which has not been made public concerning the property, operations, policies, or affairs of the City, to advance any personal or private financial interest of any Person. (2) Confidential Information. It shall be a violation of this Article for a City Official to intentionally, knowingly, or recklessly disclose any confidential information gained by reason of the City Official's position concerning the property, operations, policies or affairs of the City. This rule does not prohibit the reporting of illegal or unethical conduct to authorities designated by law. (g) Abuse of Resources. It shall be a violation of this Article for a City Official to use, request, or permit the use of City facilities, personnel, equipment, software, supplies, or staff time for private purposes (including political purposes), except to the extent and ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� according to the terms that those resources are generally available to other citizens and the City Officials for official City purposes. (h) Abuse of Position. It shall be a violation of this Article for any City Official to: (1) Harassment & Discrimination. Use the Official's position to harass or discriminate against any person based upon ethnicity, race, gender, gender identity, sexual orientation, marital status, parental status, or religion. (2) Interference. Interfere with any criminal or administrative investigation alleging the violation of any provision of this Article, the City Charter, administrative policy or executive order in any manner, including but not limited to seeking to persuade or coerce City employees or others to withhold their cooperation in such investigation is a violation of this Article. (i) Subsequent Work on Prior Projects. It shall be a violation of this Article for any former City Official, within one (1) year of the cessation of official duties for the City, to perform work on a compensated basis relating to a City contract or arrangement for the provision of goods, services, real property or other things of value, if while in City service the former City Official personally and substantially participated in the negotiation, award or administration of the contract or other arrangement. This Section does not apply to a City Official whose involvement with a contract or arrangement was limited to Deliberations as a member of the City Council, �a�„_�;,,,,��;�a�,,,,�a;� �,�au��u�1 � �1 �nu ., ��n�,�=�-�� y� ��a°�ez��k��u�--��.:a�s��-� �� DIVISION 3. IMPLEMENTATION Sec.3-114. Staffing (a) City Auditor. The City Auditor's Office shall be responsible to provide staff and clerical support to the Board of Ethics to assist in the implementation and enforcement of this Article. The degree of support required shall be at the discretion of the City Auditor. Nothing herein creates a duty for the City Auditor to enforce this Article. Furthermore, this Article shall not be construed as requiring the City Auditor to investigate allegations of violations of this Article submitted via the Fraud, Waste or Abuse hotline. (b) Conflicts Log. The City Auditor's Office shall, in cooperation with the City Secretary's Office, maintain a Conflicts Log on an ongoing basis listing the Conflicting Interests disclosed by City Officials in accordance with this Article. The log is a public record. The City Auditor is neither authorized nor required to inspect or act upon the content of the Conflicts Log. (c) City Manager. If a Complaint accuses the City Auditor of violating this Article, the duties of the City Auditor under this Article shall be performed by the City Manager for purposes of processing that Complaint. Sec. 3-115. Legal Counsel ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� (a) City Attorney. The City Attorney shall provide legal support to the (,�%�,y„_�,a,;�;a�i,��;�„_�rru„a� ��:.Board of Ethics..irru ��.�ta�au�lrru�,��t:�l�rru �� ;�� at%�1� �J��rru�; ��a�%rru ��11.�.� �,�rru��a,p„�a� �� 1iau�1� �� ta��;�„�ai�y �;� �� (�1�y ��;t�arr��v �� a°�rrua��a° 1� $�'a;�ia��trru�� irru �t��aa��trru�� r✓i�� ( 1�y ��t�arr�� '� .�a°��i�rru�1 ��1i $�t:ti�rru� �rrua� ��rrua��ta°a��. (b) Special Counsel. Independent, outside legal services shall be engaged by the City Attorney on the City's behalf to provide legal support to the (;;"i,�y A:a:�a�i��° �n��a� �� Board of Ethics when: (1) in the City Attorney's discretion it is necessary in order to comply with the Texas Disciplinary Rules of Professional Conduct (for lawyers), or is in the best interest of the City; or (2) when the City Council deems Special Counsel is necessary. Sec.3-116. Training (a) Curriculum. The City Auditor shall approve a training program that provides an introduction and overview of the expectation, mandates and prohibitions provided for by this Article. (b) Orientation. City Officials shall complete a training session regarding this Article within ninety (90) days of commencing the official duties. (c) Annual. City Officials shall complete an annual training session regarding this Article. (d) Exiting Ofiicials. Information shall be provided to City Officials terminating their City service regarding the continuing restrictions on the representation of others by certain former City Officials. Sec. 3-117. Board of Ethics (a) Creation. There is hereby created a Board of Ethics for the City of Denton. (b) Appointment. The Board of Ethics shall be appointed by majority vote of the City Council. (c) Number. The Board of Ethics shall consist of seven (7) regular members,x,,,,,�n�a�,,,,;��,,,,,,�� l��a•rr��tt� au��au��a°�. .......................................................................................................................... Terms. Board of Ethics members (regular and alternates) shall be appointed for two (2) year, staggered terms. Members may be reappointed for successive terms. Appointment to fill a vacancy shall be for the remainder of the unexpired term. Members of the inaugural Board of Ethics shall draw straws to determine which three (3) members shall receive an initial term of one (1) year in order to stagger terms. In total, members may only serve three (3) ��rru��a��1v�:��a�u��:.� �u��au��a au��ty ��„a��1rru��a�.rru� ��rru�a ��,��rru. �nb� �� t��° ��t�a�° �� .�i��°��i�n�� a�°�vi�a�� . �� ,.�. ��;��8 ��Eligibility. Membership on the Board of Ethics is limited to residents of the City of Denton. Preference in appointments shall be given to professionals such as attorneys, architects, engineers, doctors, teachers, pastors, mediators, retired jurists, licensed professional counselors, and those with licenses demonstrating high levels of education ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� or master craftsmanship in the building trades. The Board shall be comprised of at least three (3) members who are attorneys or retired jurists. �� y Ineligibility. The following shall disqualify a person from serving on the Board of Ethics: (1) current service as a City Official; (2) separation from city service as a City Official within two (2) years of the appointment; (3) familial relations within the third (3rd) degree of affinity (marriage) or consanguinity (blood or adoption); (4) current service as an elected official in Denton County; and / or (5) conviction of a felony, or crime of moral turpitude. �� f"�Alternates. Alternate members of the Board of Ethics shall attend meetings only upon request by the City Auditor's Office. The role of an alternate is to participate in meetings of the Board of Ethics as a replacement for a regular member who is absent or abstaining. ��-��;ay Scope of Authority. The Board of Ethic's jurisdiction shall be limited to implementation and enforcement of this Article. �� V� � Amendments. The Board of Ethics may recommend amendments to this Article. A recommendation from the Board of Ethics is not required for the City Council to exercise its discretion in amending this Article. ��-��„�, � Officers. At the first meeting of each fiscal year the Board of Ethics shall select from among its members a Chairperson and Vice-Chairperson. ��h��„��Iµ� Rules of Procedure: The Board of Ethics shall adopt rules of procedure governing how to conduct meetings and hearings. Such procedural rules are subject to confirmation or modification by the City Council. ��8�� 11� � Removal: The City Council may by a vote of two-thirds (2/3) remove a member of the Board of Ethics for cause. �a:��r��i��i�n�� t��°u°�tn��rn�� a.��u��v�t1 ��° ��a:�� t11 in�b�la:�a�� rru��1��....�� a�;;�yx 1rru�,�au� ��t�, �a�, �� i�rru�a°�rru��, irru��ili�v �a° a�rru�i�rru�� a° �a;�t�, �a. �1�a��a°a� ��'�� (::'�a�� '(:�a°a�irru�rru��. Sec. 3-118. Advisory Opinions (a) Requests. Any City Official may request an Advisory Opinion on a question of compliance with this Article. Requests shall be submitted in writing to the City Auditor, who shall assign the request to a Panel _��°„_�,��i�1 (:,"�a:�n��1. (b) Issuance. A Panel of the Board of Ethics shall issue Advisory Opinions upon request. Advisory Opinions shall be issued within thirty (30) days of receipt of the request. ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� (c) Reliance. It shall be an affirmative defense to a Complaint that the Accused relied upon an Advisory Opinion. In making a determination on the proper disposition of a Complaint, the Board of Ethics may dismiss the Complaint if the Board finds that: (1) the Accused reasonably relied in good faith upon an Advisory Opinion; (2) the request for an Advisory Opinion fairly and accurately disclosed the relevant facts; and (3) less than five (5) years elapsed between the date the Advisory Opinion was issued and the date of the conduct in question. Sec.3-119. Complaints (a) Complainants. Any person who has first-hand knowledge that there has been a violation of Sections 3-112 and 3-113 of this Article may allege such violations by submitting a Complaint. The persons who may submit Complaints includes (but is not limited to) members of the Board of Ethics. (b) Form. Complaints shall be written on, or accompanied by, a completed form promulgated by the City Auditor. (c) Contents. A Complaint filed under this section must be in writing and under oath and must set forth in simple, concise, direct statements and must state: (1) the name of the Complainant; (2) the street or mailing address, email address, and the telephone number of the Complainant; (3) the name of each person Accused of violating this Article; (4) the position or title of each person Accused of violating this Article; (5) the nature of the alleged violation, including (whenever possible) the specific provision of this Article alleged to have been violated; (6) a statement of the facts constituting the alleged violation and the dates on which or period of time in which the alleged violation occurred; and (7) all documents or other material available to the Complainant that are relevant to the allegation. (d) Violation Alleged. The Complaint must state on its face an allegation that, if true, constitutes a violation of this Article. (e) Affidavit. A Complaint must be accompanied by an affidavit stating that the Complaint is true and correct or that the Complainant has good reason to believe and does believe that the facts alleged constitute a violation of this Article. The Complainant shall swear to the facts by oath before a Notary Public or other person authorized by law to administer oaths under penalty of perjury. ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� (f) Limitations Period. To be accepted, a Complaint must be brought within six (6) months of the Complainant becoming aware of the act or omission that constitutes a violation of this Article. A Complaint will not be accepted more than two (2) years after the date of the act or omission. (g) Filing. Complaints shall be submitted to the City Auditor. Submission of Complaints may be made by hand delivery, by U.S. Mail, or email directed to an email address publicly listed by the City Auditor. (h) Acceptance of Complaint. Within five (5) business days of receiving a Complaint, the City Auditor shall determine if it is administratively complete, and timely. (1) Administratively Complete. A Complaint is administratively complete if it contains the information described above. If the Complaint is administratively complete, the City Auditor shall proceed as described in this Article. If the Complaint is incomplete the City Auditor shall send a written deficiency notice to the Complainant identifying the required information that was not submitted. The Complainant shall have ten (10) business days after the date the City Auditor sends a deficiency notice to the Complainant to provide the required information to the City Auditor, or the Complaint is automatically deemed abandoned and may not be processed in accordance with this Article. Within five (5) business days of a Complaint being abandoned, the City Auditor shall send written notification to the Complainant and the Accused. (2) Timely. To be timely, a Complaint must be brought within six (6) months of the Complainant becoming aware of the act or omission that constitutes a violation of this Article. A Complaint will not be accepted more than two (2) years after the date of the act or omission. (i) Notification of Acceptance. Within five (5) business days of determining that a Complaint is administratively complete, the City Auditor shall send a written notification of acceptance to the Complainant, the Accused, and the City Attorney. For purposes of this provision, a Complaint shall be considered Accepted when the City Auditor has deemed the submittal administratively complete, and timely. (j) Confidentiality. A Complaint that has been submitted to the City is hereby deemed confidential until such time as the Complaint is either dismissed or placed on an agenda for consideration by the Board of Ethics in accordance with this Article. Clerical and administrative steps shall be taken to identify and manage confidential information in accordance with this Article. The confidentiality created by this Article includes the fact that a Complaint was submitted and the contents of that Complaint. It shall be a violation of this Article for a City Official to publicly disclose information relating to the filing or processing of a Complaint, except as required for the performance of official duties or as required by law. Requests for records pertaining to Complaints shall be responded to in compliance with the State law. The limited confidentiality created by this Article is limited in scope and application by the mandates of the Texas Public Information Act, Chapter 552 of the Texas Government Code. ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� (k) Ex Parte Communications. After a Complaint has been filed and during the pendency of a Complaint before the Board of Ethics, it shall be a violation of this Article: (1) for the Complainant, the Accused, or any person acting on their behalf, to engage or attempt to engage directly or indirectly about the subject matter or merits of a Complaint in ex parte communication with a member of the Board of Ethics or any known witness to the Complaint; or (2) for a Member of the Board of Ethics, to knowingly allow an ex parte communication about the subject matter or merits of a Complaint, or to communicate about any issue of fact or law relating to the Complaint directly or indirectly with any person other than a Member of the Board of Ethics, the City Auditor's office, the City Attorney's office, or Special Counsel. Sec. 3-120. Preliminary Assessment (a) Referral to Chairperson. Accepted Complaint(s) shall be referred to the Chairperson of the Board of Ethics within five (5) business days of being determined administratively complete. (b) Assignment of PaneL Within five (5) business days of receiving an Accepted Complaint, the Chairperson of the Board of Ethics shall assign the Complaint to a Panel for Preliminary Assessment. The Chairperson shall order a meeting of the Panel, which shall be conducted in compliance with the Texas Open Meetings Act. Each Panel shall select a Presiding Officer to conduct Panel deliberations. (c) Panel Determination. Within ten (10) business days of being assigned an Accepted Complaint, the Panel shall review the Complaint on its face and determine whether the Complaint is: (1) Actionable: the allegations and evidence contained in the Complaint, if true, would constitute a violation of this Article. (2) Baseless: the allegations and evidence contained in the Complaint, if true, would not constitute a violation of this Article. Actionable Complaints shall be returned to the Chairperson for listing on an agenda for a public hearing. Baseless Complaints shall be dismissed. Written notification of the Panel's determination shall be filed with the City Auditor and sent to the Chairperson, Complainant, the Accused, and the City Attorney within two (2) business days. Written notifications of dismissal shall include notice of the right to appeal. (d) Appeals. A Panel's preliminary assessment under this Section 3-120 may be appealed to the Board of Ethics by either the Complainant or the Accused, as applicable. An appeal shall be perfected by filing a written notice of appeal with the City Auditor within ten (10) business days of the date of the written notification. Sec.3-121. Meetings (a) Calling Meetings. Meetings of the Board of Ethics shall be called upon request of the Chairperson, three (3) members, or the City Auditor. ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� (b) Quorum. The quorum necessary to conduct meetings of the Board of Ethics shall be four (4). The Chairperson (or acting chairperson) shall count toward the establishment of a quorum and retains the right to vote. (c) Hearings: (1) Scheduling: Hearings shall be scheduled by the City Auditor upon the filing of: (A) a Panel determination that a Complaint is Actionable; or (B) an Appeal challenging a Panel's dismissal of a Complaint as Baseless. (2) Purpose: The purpose of the hearing(s) shall be solely to determine whether: (A) a violation of this Article occurred, and if so to assess the appropriate sanction; (B) an Accepted Complaint was erroneously dismissed as Baseless by a Panel; and/ or (C) an Accepted Complaint is Frivolous. (3) Sworn Testimony: All witness testimony provided to the Board of Ethics shall be under oath. (4) Burden of Proof Because the burden of showing that a violation of this Article occurred is placed on the Complainant, it is the Complainant that has the obligation to put forth evidence, including testimony, supporting the Complaint. The Complainant is required to testify at the hearing. A Complainant's failure to testify at a hearing shall be grounds for dismissal of a Complaint. (5) Representation: The Accused shall have a right to present a defense. Both the Complainant and the Accuser have a right to be represented by legal counsel. (d) Open Meetings. All meetings and hearings of the Board of Ethics, including Panel deliberations, shall be conducted pursuant to the Texas Open Meetings Act. The Board of Ethics may convene in Executive Session (i.e., conduct a closed meeting) as allowed by the Act. All final actions of the Board of Ethics shall take place in open session. (e) Postponement in Certain Instances. (1) &"�?cx��l, Proceedings may be postponed upon majority vote by the members of the Board of Ethics. (2) ,��c;x��z��,�_; The Complainant and the Accused are each entitled to one (1) postponement without cause. Additional postponements shall be solely for good cause and at the discretion of the Board of Ethics. (3) �� rra�ierc�C ��,�x�x�iea�If a Complaint alleges facts that are involved in a criminal investigation or a criminal proceeding before a grand jury or the courts, the Board of Ethics may, when a majority of its members deem appropriate, ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� postpone any hearing or any appeal concerning the Complaint until after the criminal investigation or criminal proceedings are terminated. Sec.3-122. Disposition (a) DismissaL If the Board of Ethics determines at the conclusion of a hearing by simple majority vote of its members that a Complaint should be dismissed, it may do so upon finding: (1) the Complaint is Baseless; (2) the alleged violation did not occur; (3) the Accused reasonably relied in good faith upon an Advisory Opinion, as provided in this Article; or (4) the Complainant failed to testify at the hearing. (b) Sanctions. If the Board of Ethics determines l� �� i��1� ��q��ai�N��y vc�N� at the conclusion of a hearing that a violation has occurred, it may within ten (10) business days impose or recommend any of the following sanctions: (1) Letter of Notification. If the violation is clearly unintentional, or when the Accuser's action was made in reliance on a written �,a�v%��a;�y„_opinion--e��=--��-� ��:��. A letter of notification shall advise the Accused of any steps to be taken to avoid future violations. (2) Letter of Admonition. If the Board of Ethics finds that the violation is minor and may have been unintentional, but calls for a more substantial response than a letter of notification. (3) Letter of Reprimand. If the Board of Ethics finds that the violation: (A) was minor and was committed knowingly, intentionally or in disregard of this Article; or (B) was serious and may have been unintentional. (4) Recommendation of Suspension. If the Board of Ethics finds that a violation was committed by a�9-a;u�ember of the ll3��a°a� �� ::�;t�� Planning & Zoning , ...... . ...................................................................................5..... (��u�a;u�1��%�rru,x ;l[�a;p�1i� _�,J„�%1%�1�� ll3��a;,a�, or Zoning Board of Adjustment, or a Department Head, and it: (A) was serious and was committed knowingly, intentionally or in disregard of this Article or a state conflict of interest law; or (B) was minor but similar to a previous violation by the Person, and was committed knowingly, intentionally or in disregard of this Article. The final authority to impose a suspension rests with the City Council. ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d°� (5) Ineligibility. If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year. Notice of all sanctions imposed by the Board of Ethics shall be transmitted to the Accused, Complainant, City Auditor, City Attorney, and City Council. (c) Frivolous. (1) Prohibition. It is a violation of this Article for a Person to submit a Frivolous Complaint. (2) Super-Majority Vote. If the Board of Ethics determines at the conclusion of a hearing by a vote of two-thirds (2/3) of its Members that a Complaint was Frivolous, the Board may impose a sanction as provided by Section 3-122(b). (3) Factors. In making a determination on frivolity, the Board of Ethics shall consider the following factors: (A) the timing of the sworn Complaint with respect to when the facts supporting the alleged violation became known or should have become known to the Complainant, and with respect to the date of any pending election in which the Accused is a Candidate or is involved with a candidacy, if any; (B) the nature and type of any publicity surrounding the filing of the sworn Complaint, and the degree of participation by the Complainant in publicizing the fact that a Complaint was filed; (C) the existence and nature of any relationship between the Accused and the Complainant before the Complaint was filed; (D) if the Accused is a Candidate for Election to Office, the existence and nature of any relationship between the Complainant and any Candidate or group opposing the Accused; (E) any evidence that the Complainant knew or reasonably should have known that the allegations in the Complaint were groundless; and (F) any evidence of the Complainant's motives in filing the Complaint. (4) External Remedies. Complainants who submit Frivolous Complaints are hereby notified that their actions may subject them to criminal prosecution for perjury (criminal prosecution), or civil liability for the torts of defamation or abuse of process. Sec.3-123. Reconsideration The Complainant or Accused may request the Board of Ethics to reconsider its decision. The request must be filed with the City Auditor within five (5) business days of receiving the final ,�I��rv� N�'��^� N�� N�"" ,��a��l .� �p ��d� opinion of the Board of Ethics. The request for reconsideration shall be sent to the Chairperson of the Board of Ethics and the non-filing party (Complainant or Accused). If the Chairperson finds, in the Chairperson's sole discretion, that the request includes new evidence that was not submitted at a prior hearing, and that the new evidence bears directly on the Board of Ethic's previous determination, the Chairperson shall schedule a hearing on the request for reconsideration to occur within thirty (30) business days after filing with the City Auditor. Absent new evidence, the Chairperson shall unilaterally dismiss the request for reconsideration and provide n�„�;�i�,�,,,to the Parties. Sec.3-124. Nepotism (a) City Council. No Person shall be employed by the City who is related to any member of the City Council within the third (3rd) degree of affinity or consanguinity. (b) Department Supervisor. No Person shall be employed by the City in a department if the Person is related to the City Manager or the department supervisor within the third (3rd) degree of affinity or consanguinity. (c) Preexisting Employment. The prohibitions of this Section do not apply to a Person who was employed by the City more than six (6) months prior. Sec. 3-125. General Procedural Matters (a) Deadlines. Any deadline provided in this Article shall be construed as expiring at 5:00 p.m. local time on the last day. (b) Mailbox Rule. Under this Article, a deadline for any response or request for appeal is met when the date the response or request for appeal is mailed falls within the timeline requirements of this Article. The posted date of any mailing will control whether it meets the timeline requirements of this Article. Sec. 3-126. Lobbyists [reserved] ORDINANCE NO. ETHICS ORDINANCE AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE CODE OF ORDINANCES, RELATED TO CHAPTER 2. TITLED "ADMINISTRATION" ARTICLE XI. TITLED "ETHICS" AND PROVIDING FOR FINDINGS OF FACT, REPEALER, SEVERABILITY, CODIFICATION, EFFECTIVE DATE, PROPER NOTICE AND MEETING. WHEREAS, the City Council of the City of Denton enacts this new Code of Ethics to foster a culture of integrity for those who serve the municipality and our citizenry; and WHEREAS, the City Council strives to increase public confidence in our municipal government; and WHEREAS, the City Council finds that it is the policy of the City that all City Officials and employees shall conduct themselves in a manner that assures the public that we are faithful stewards of the public trust; and WHEREAS, the City Council has determined that city officials have a responsibility to the citizens to administer and enforce the City Charter and City Ordinances in an ethical manner; and WHEREAS, the City Council wants to enhance public confidence in our municipal government, by providing that each city official must strive not only to maintain technical compliance with the principles of conduct set forth in this Article, but to aspire daily to carry out their duties objectively, fairly, and lawfully; and WHEREAS, the City Council enacts this Ordinance to ensure that decision makers provide responsible stewardship of City resources and assets; and WHEREAS, the City Council intends this Ordinance to provide a framework within which to encourage ethical behavior, and enforce basic standards of conduct while providing due process that protects the rights of the complainant and the accused, and not to provide a mechanism to defame, harass or abuse political opponents, or publicize personal grudges; and WHEREAS, on November 4, 2017, Denton voters approved a proposition amending the City Charter so as to require the adoption of an ordinance regulating ethics; and WHEREAS, prior to commencing the drafting process, the City Council completed two (2) hours of formal training on state ethics laws and common components of municipal ethics policies in Texas. WHEREAS, the contents of this draft was selected from a sampling of more than nineteen (19) municipal ethics policies from across Texas. WHEREAS, this document represents the consensus of preferences expressed by the City Council over a period of eight (8) public work sessions, and three (3) public hearing, which were broadcasted. Altogether, the work sessions exceeded nineteen (19) hours of deliberations. WHEREAS, this Code of Ethics was drafted to apply to the Mayor, City Council, P&Z, ZBA, Public Utilities Board, Department Heads appointed by the City Council, and Vendors. WHEREAS, the City Council finds the attached amendments reasonable and necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. FINDINGS OF FACT. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. SECTION 2. AMENDMENT. Chapter 2: Article XI of the City of Denton Code of Ordinances is hereby amended, and after such amendment, shall read in accordance with Attachment "A ", which is attached hereto and incorporated into this Ordinance for all intents and purposes. Any underlined text shall be inserted into the Code and any struck-through text shall be deleted from the Code, as stated on Attachment A. SECTION 3. REPEALER. To the extent reasonably possible, Ordinances are to be read together in harmony. However, all Ordinances, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance including, but not limited to Section 2-62 (Conflict of Interest), are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated, herein. SECTION 4. SEVERABILITY. Should any of the clauses, sentences, paragraphs, sections or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. SECTION 5. CODIFICATION. The City Secretary is hereby directed to record and publish the attached rules, regulations and policies in the City's Code of Ordinances as authorized by Section 52.001 of the Texas Local Government Code. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect upon the date of final passage noted below, or when all applicable publication requirements, if any, are satisfied in accordance with the City's Charter, Code of Ordinances, and the laws of the State of Texas. SECTION 7. PROPER NOTICE & MEETING. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. PASSED & ACKNOWLEDGED on First Reading on this, the day of Apri12018. PASSED & APPROVED on the Second Reading on this, the day of Apri12018. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY : APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY : Attachment "A" CITY OF DENTON CODE OF ORDINANCES CHAPTER 2: ADMINISTRATION ARTICLE XL ETHICS DIVISION 1. GENERAL Sec.2-265. Authority This Article is enacted pursuant to the authority granted to the City under Section _ of the Charter. Sec.2-266. Purpose The purpose of this Article is to foster an environment of integrity for those that serve the City of Denton and our citizenry. The City Council enacted this Article in order to increase public confidence in our municipal government. It is the policy of the City that all City Officials and employees shall conduct themselves in a manner that assures the public that we are faithful stewards of the public trust. City Officials have a responsibility to the citizens to administer and enforce the City Charter and City Ordinances in an ethical manner. To ensure and enhance public confidence in our municipal government, each City Official must strive not only to maintain technical compliance with the principles of conduct set forth in this Article, but to aspire daily to carry out their duties objectively, fairly, and lawfully. Furthermore, this Article was enacted to ensure that decision makers provide responsible stewardship of City resources and assets. It is not the purpose of this Article to provide a mechanism to defame, harass or abuse their political opponents, or publicize personal grudges. Rather, this Article is intended to provide a framework within which to encourage ethical behavior, and enforce basic standards of conduct while providing due process that protects the rights of the Complainant and the Accused. Sec.2-267. Prospective This Article shall apply prospectively, and shall not sustain any Complaints based on acts or omissions alleged to have taken place prior to adoption of this Article. Sec.2-268. Applicability This Article applies to the following persons: (a) City Officials. (b) Former City Officials whose separation from city service occurred less than two (2) years from the date of the alleged violation of this Article. Application of this Article to Former City Officials shall be limited to alleged violations: (1) that occurred during the term as a City Official; (2) of the prohibition on representing others for compensation (§2-273(d)(2)); or (3) of the prohibition of subsequent work on prior projects (§2-273(h)). (c) Vendors; and (d) Complainant(s). Sec.2-269. Definitions The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accepted Complaint: a sworn allegation of a violation of this Article after the required documentation has been submitted to the City Auditor and determined to be administratively complete. Accused: a City Official who has been charged in a Complaint with having violated this Article. Actionable Complaint: an Accepted Complaint that has been deemed by a Panel to contain allegations and evidence that, if accepted as true, would support a finding that a violation of this Article occurred. Advisory Opinions: written rulings regarding the application of this Article to a particular situation or behavior. Article: the Code of Ethics for the City of Denton. Baseless Complaint: a Complaint that does not allege conduct that would constitute a violation of this Article, or that does not provide evidence that, if true, would support a violation of this Article. Board of Ethics: the oversight entity established by the Council to administer this Article. Business Entity: a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, political subdivision, government agency, university, or any other entity recognized by law. Candidate: a person who has filed an application for a place on a ballot seeking public office, or one who has publicly announced the intention to do so. Charged: to be charged with a violation of this Article is to have an Accepted Complaint deemed Actionable. City: the City of Denton in the County of Denton and State of Texas. City Auditor: the person appointed to serve in the capacity provided for by Section 6.04 of the City Charter, or their designee and clerical staff acting in the City Auditor's absence. City Official: for purposes of this Article, the term consists of the Council Members, City Manager, City Attorney, Department Heads, or member of the Planning and Zoning Commission Members, Board of Adjustment, or Public Utilities Board. Code: the Code of Ordinances of the City of Denton, Texas, as such Code may be amended from time to time. Complainant: the human individual who submitted a Complaint to the City. Complaint: written documentation submitted to the City accusing a City Official of violating this Article. Confidential Information: any written information that could or must be excepted from disclosure pursuant to the Texas Public Information Act, if such disclosure has not been authorized; or any non-written information which, if it were written, could be excepted from disclosure under that Act, unless disclosure has been authorized by the City Council or City Manager. Council: the governing body of the City of Denton, Texas, including the Mayor and City Council Members. Deliberations: discussions at the dais; voting as a Member of the Board or Commission; presentations as a member of the audience before any City Board or Commission; conversing or corresponding with other City Officials or Staff. This term does not apply to a general vote on a broad, comprehensive or omnibus motion, such as approval of the City budget. Department Heads: the employees appointed by the City Council, those being the City Manager, City Auditor, City Attorney, and Municipal Court Judge. Former City Official: a City Official whose separation from city service occurred less than two (2) years from the date of an alleged violation of this Article. Frivolous Complaint: a sworn Complaint that is groundless and brought in bad faith or groundless and brought for the purpose of harassment. Interfere: a person interferes with a process or activity pertaining to this section when they intentionally and wrongfully take part in, or prevent, a City process or activity from continuing or being carried out properly or lawfully. Panel: an ad hoc subcommittee of the Board of Ethics consisting of three (3) members assigned by the Chairperson or designated by the City Auditor (as applicable) on a rotating basis, at least one (1) of which is an attorney or retired jurist. PendingMatter: an application seeking approval of apermit or other form of authorization required by the City, State or Federal law; a proposal to enter into a contract or arrangement with the City for the provision of goods, services, real property or other things of value; a case involving the City that is (or is anticipated to be) before a civil, criminal or administrative tribunal. Person: associations, corporations, firms, partnerships, bodies politic and corporate, as well as to individuals. Recklessly: a person acts recklessly when they are aware of but consciously disregard a substantial and unjustifiable risk that a certain result is probable from either their conduct, or in light of the circumstances surrounding their conduct. The risk must be of such a nature and degree that to disregard it constitutes a gross deviation from the standard of care that an ordinary person would exercise under the circumstances. Relative: a family member related to a City Official within the third (3rd) degree of affinity (marriage) or consanguinity (blood or adoption). Shall: a mandatory obligation, not a permissive choice. Special Counsel: an independent, outside attorney engaged by the City to advise the City as an organization and/or the Board of Ethics. Vendor: a person who provides or seeks to provide goods, services, real property to the City in exchange for compensation. Sec. 2-270. Cumulative & Non-Exclusive This Article is cumulative of and supplemental to all applicable provisions of the City Charter, other City Ordinances, and State/Federal laws and regulations. Compliance with this Article does not excuse or relieve any person from any obligation imposed by any other Rule. Attempts to enforce this Article shall be construed as foreclosing or precluding other enforcement options provided by other law. DIVISION 2. RULES OF CONDUCT Sec.2-271. Expectations The following list conveys the City Council's expectations for City Officials. These expectations are aspirational, and shall not serve as the basis for a Complaint. (a) City Officials are expected to conduct themselves in a manner that fosters public trust. (b) City Officials are charged with performing their public duties in a way that proj ects a high level of personal integrity and upholds the integrity of the organization. (c) City Officials must avoid behavior that calls their motives into question and erodes public confidence. (d) City Officials shall place the municipality's interests and the concerns of those the City serves above private, personal interests. (e) Those who serve the City are expected to value honesty, trustworthiness, diligence, objectivity, fairness, due process, efficiency, and prudence as values the City professes. (f) City Officials must balance transparency with the duty to protect personal privacy and preserve the confidential information with which the City has been entrusted. (g) It is neither expected nor required that those subject to this Article relinquish or waive their individual rights. Sec.2-272. Mandates (a) Duty to Report. City Officials shall report any conduct that the person knows to be a violation of this Article. Failure to report a violation of this Article is a violation of this Article. For purposes of this section, submittal of a Complaint or a report made to the Fraud, Waste or Abuse hotline shall be considered to be a report under this Section. A report to the hotline may remain anonymous unless disclosed by the caller. (b) Financial Disclosures. All Candidates for City Council, including Candidates for Mayor, shall file financial information reports as required by, and in accordance with, State law. All prospective Vendors and City Officials shall file disclosure forms as required by, and in accordance with, State law. (c) Business Disclosures. All City Officials shall file with the City Auditor annual reports listing the names of human individuals with whom the City Official is named partner in the following types of businesses: General Partnership, Limited Partnership, Limited Liability Partnership, or Limited Liability Corporation, or Professional Corporation. Annual reports shall be submitted within ninety (90) days of taking office. Failure to submit a report shall not serve as a basis for a Complaint unless the City Official fails to submit a report within thirty (30) days of being provided written notification of the omission. Neither the existence of a business relationship as described in this Section, nor the submission of a report required by this Section shall prevent a City Official from participating in Deliberations on matters pending before the City absent a Conflicting Interest. Sec.2-273. Prohibitions (a) Conflicts of Interest: (1) Deliberation Prohibited. It shall be a violation of this Code for a City Official to knowingly deliberate regarding a Pending Matter for which the City Official currently has a Conflicting Interest. City Officials with a current Conflicting Interest in a Pending Matter must recuse themselves and abstain from Deliberations. It is an exception to this recusal requirement if the City Official serves on the City Council, Planning and Zoning Commission, or Board of Adjustment; and a majority of the members of that body is composed of persons who are likewise required to file (and who do file) disclosures on the same Pending Matter. (2) Disclosure Required. If a City Official has a Conflicting Interest in a Pending Matter, the City Official shall disclose the nature of the Conflicting Interest by filing a sworn statement with the City Auditor. Disclosures under this subsection shall be for the time period, including the previous calendar year, and up to date where the Conflicting Interest arises before the City Official. (3) Definition of ConfZicting Interest. For purposes of this Article, the term is defined as follows: ConfZicting Interest: a stake, share, equitable interest or involvement in an undertaking in the form of any one (1) or more of the following: (A) ownership of five percent (5%) or more voting shares or stock in a Business Entity; (B) receipt of more than six-hundred dollars ($600.00) in gross annual income from a Business Entity; (C) ownership of more than six-hundred dollars ($600.00) of the fair market value of a Business Entity; (D) ownership of an interest in real property with a fair market value of more than six-hundred dollars ($600.00); (E) serves on the Board of Directors or as an Officer of a Business Entity, unless the City Official was appointed to that position by the City Council; and/or (F) serves on the Board of Directors or as an Officer of a nonprofit corporation or an unincorporated association, unless the City Official was appointed to that position by the City Council. A City Official is considered to have a Conflicting Interest if the City Official's relative has a conflicting interest. The term Conflicting Interest does not include ownership of an interest in a mutual or common investment fund that holds securities or assets unless the City Official participates in the management of the fund. (b) Gifts. (1) General. It shall be a violation of this Article for a City Official to accept any gift that might reasonably tend to influence such Officer in the discharge of official duties. (2) Specific. It shall be a violation of this Article for a City Official to accept any gift for which the fair market value is greater than fifty dollars ($50.00). It shall be a violation of this Article for a City Official to accept multiple gifts from a single source for which the cumulative fair market value exceeds two-hundred dollars ($200.00) in a single fiscal year. (3) It shall be a violation of this Article for a Vendor to offer or give a Gift to a City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts cumulatively valued at more than two-hundred dollars ($200.00) per a single fiscal year. (4) Definition of Gift. Anything of monetary value, including but not limited to cash, the extension of credit, personal property, real property, services, meals, entertainment, and travel expenses. (5) Exceptions. This definition shall not apply to the following, which are allowed under this Article: (A) a lawful campaign contribution; (B) meals, lodging, transportation, entertainment, and related tra�el expenses paid for (or reimbursed by) the City in connection with the City Official's attendance at a conference, seminar or similar event, or the coordinator of the event; (C) meals, lodging, transportation, or entertainment furnished in connection with public events, appearances or ceremonies related to official City business, or charity functions, or community events, if furnished by the sponsor of such events (who is in attendance); (D) complimentary copies of trade publications and other related materials; (E) attendance at hospitality functions at local, regional, state or national association meetings and/or conferences; (F) any gift that would have been offered or given to the City Official because of a personal, familial, professional relationship regardless of the City Official's capacity with the City; (G) tee shirts, caps and other similar promotional material; (H) complimentary attendance at political or charitable fund raising events. (6) Donations. It is not a violation under this Article for a City Official to accept a Gift prohibited by this Article on behalf of the City of Denton. Conveyance of a Gift prohibited by this Article to the City of Denton or a nonprofit corporation cures any potential violation. (c) Outside Employment. (1) Applicability ofSection. This subsection applies to Department Heads. (2) Prohibition. It is a violation of this Article for a Department Head to solicit, accept, or engage in concurrent outside employment which could reasonably be expected to impair independence of judgment in, or faithful performance of, official duties. (3) Disclosure and Consent. It is a violation of this Article for a Department Head to accept employment from any Person other than the City without first disclosing the prospective employment arrangement in writing to the Mayor and receiving the Mayor's written consent. (d) Representation of Others. (1) Current City O�cials. It shall be a violation of this Article for a City Official to represent for compensation any person, group, or entity before the City. For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. (2) Former City Officials. It shall be a violation of this Article for a City Official to represent for compensation any person, group, or entity before the City for a period of two (2) years after termination of official duties. For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. The prohibition in this subsection solely applies to the Former City Official, and shall not be construed to apply to other Persons. (e) Improper Influence. It shall be a violation of this Article for a City Official to use such person's official title/position to: (1) secure special privileges or benefits for such person or others; (2) grant any special consideration, treatment or advantage to any citizen, individual, business organization or group beyond that which is normally available to every other citizen, individual, business organization or group; (3) assert the prestige of the official's or employee's City position for the purpose of advancing or harming private interests; (4) state or imply that the City Official is able to influence City action on any basis other than the merits; and (5) state or imply to state or local governmental agencies that the City Official is acting as a representative of the City, as an organization, or as a representative of the City Council without first having been authorized by the City Council to make such representation (except the Mayor, City Manager, and City Attorney). (f) Misuse of Information. (1) Personal Gain. It shall be a violation of this Article for a former City Official to use any confidential information to which the City Official had access by virtue of their official capacity and which has not been made public concerning the property, operations, policies, or affairs of the City, to advance any personal or private financial interest of any Person. (2) Confidential Information. It shall be a violation of this Article for a City Official to intentionally, knowingly, or recklessly disclose any confidential information gained by reason of the City Official's position concerning the property, operations, policies or affairs of the City. This rule does not prohibit the reporting of illegal or unethical conduct to authorities designated by law. (g) Abuse of Resources. It shall be a violation of this Article for a City Official to use, request, or permit the use of City facilities, personnel, equipment, software, supplies, or staff time for private purposes (including political purposes), except to the extent and according to the terms that those resources are generally available to other citizens and the City Officials for official City purposes. (h) Abuse of Position. It shall be a violation of this Article for any City Official to: (1) Harassment & Discrimination. Use the Official's position to harass or discriminate against any person based upon ethnicity, race, gender, gender identity, sexual orientation, marital status, parental status, or religion. (2) Interference. Interfere with any criminal or administrative investigation alleging the violation of any provision of this Article, the City Charter, administrative policy or executive order in any manner, including but not limited to seeking to persuade or coerce City employees or others to withhold their cooperation in such investigation is a violation of this Article. (i) Subsequent Work on Prior Projects. It shall be a violation of this Article for any former City Official, within one (1) year of the cessation of official duties for the City, to perform work on a compensated basis relating to a City contract or arrangement for the provision of goods, services, real property or other things of value, if while in City service the former City Official personally and substantially participated in the negotiation, award or administration of the contract or other arrangement. This Section does not apply to a City Official whose involvement with a contract or arrangement was limited to Deliberations as a member of the City Council, Planning and Zoning Commission, Board of Adjustment, or Public Utilities Board. DIVISION 3. IMPLEMENTATION Sec.2-274. Staffing (a) City Auditor. The City Auditor's Office shall be responsible to provide staff and clerical support to the Board of Ethics to assist in the implementation and enforcement of this Article. The degree of support required shall be at the discretion of the City Auditor. Nothing herein creates a duty for the City Auditor to enforce this Article. Furthermore, this Article shall not be construed as requiring the City Auditor to investigate allegations of violations of this Article submitted via the Fraud, Waste or Abuse hotline. (b) Conflicts Log. The City Auditor's Office shall, in cooperation with the City Secretary's Office, maintain a Conflicts Log on an ongoing basis listing the Conflicting Interests disclosed by City Officials in accordance with this Article. The log is a public record. The City Auditor is neither authorized nor required to inspect or act upon the content of the Conflicts Log. (c) City Manager. If a Complaint accuses the City Auditor of violating this Article, the duties of the City Auditor under this Article shall be performed by the City Manager for purposes of processing that Complaint. Sec. 2-275. Legal Counsel (a) City Attorney. The City Attorney shall provide legal support to the Board of Ethics. (b) Special Counsel. Independent, outside legal services shall be engaged by the City Attorney on the City's behalf to provide legal support to the Board of Ethics when: (1) in the City Attorney's discretion it is necessary in order to comply with the Texas Disciplinary Rules of Professional Conduct (for lawyers), or is in the best interest of the City; or (2) when the City Council deems Special Counsel is necessary. Sec.2-276. Training (a) Curriculum. The City Auditor shall approve a training program that provides an introduction and overview of the expectation, mandates and prohibitions provided for by this Article. (b) Orientation. City Officials shall complete a training session regarding this Article within ninety (90) days of commencing the official duties. (c) Annual. City Officials shall complete an annual training session regarding this Article. (d) Exiting Officials. Information shall be provided to City Officials terminating their City service regarding the continuing restrictions on the representation of others by certain former City Officials. Sec. 2-277. Board of Ethics (a) Creation. There is hereby created a Board of Ethics for the City of Denton. (b) Appointment. The Board of Ethics shall be appointed by majority vote of the City Council. (c) Number. The Board of Ethics shall consist of seven (7) regular members. (d) Terms. Board of Ethics members (regular and alternates) shall be appointed for two (2) year, staggered terms. Members may be reappointed for successive terms. Appointment to fill a vacancy shall be for the remainder of the unexpired term. Members of the inaugural Board of Ethics shall draw straws to determine which three (3) members shall receive an initial term of one (1) year in order to stagger terms. In total, members may only serve three (3) terms. (e) Eligibility. Membership on the Board of Ethics is limited to residents of the City of Denton. Preference in appointments shall be given to professionals such as attorneys, architects, engineers, doctors, teachers, pastors, mediators, retired jurists, licensed professional counselors, and those with licenses demonstrating high levels of education or master craftsmanship in the building trades. The Board shall be comprised of at least three (3) members who are attorneys or retired jurists. (f) Ineligibility. The following shall disqualify a person from serving on the Board of Ethics: (1) current service as a City Official; (2) separation from city service as a City Official within two (2) years of the appointment; (3) familial relations within the third (3rd) degree of affinity (marriage) or consanguinity (blood or adoption); (4) current service as an elected official in Denton County; and / or (5) conviction of a felony, or crime of moral turpitude. (g) Alternates. Alternate members of the Board of Ethics shall attend meetings only upon request by the City Auditor's Office. The role of an alternate is to participate in meetings of the Board of Ethics as a replacement for a regular member who is absent or abstaining. (h) Scope of Authority. The Board of Ethic's jurisdiction shall be limited to implementation and enforcement of this Article. (i) Amendments. The Board of Ethics may recommend amendments to this Article. A recommendation from the Board of Ethics is not required for the City Council to exercise its discretion in amending this Article. (j) Ofiicers. At the first meeting of each fiscal year the Board of Ethics shall select from among its members a Chairperson and Vice-Chairperson. (k) Rules of Procedure: The Board of Ethics shall adopt rules of procedure governing how to conduct meetings and hearings. Such procedural rules are subject to confirmation or modification by the City Council. (1) Removal: The City Council may by a vote of two-thirds (2/3) remove a member of the Board of Ethics for cause. Sec. 2-278. Advisory Opinions (a) Requests. Any City Official may request an Advisory Opinion on a question of compliance with this Article. Requests shall be submitted in writing to the City Auditor, who shall assign the request to a Panel. (b) Issuance. A Panel of the Board of Ethics shall issue Advisory Opinions upon request. Advisory Opinions shall be issued within thirty (30) days of receipt of the request. (c) Reliance. It shall be an affirmative defense to a Complaint that the Accused relied upon an Advisory Opinion. In making a determination on the proper disposition of a Complaint, the Board of Ethics may dismiss the Complaint if the Board finds that: (1) the Accused reasonably relied in good faith upon an Advisory Opinion; (2) the request for an Advisory Opinion fairly and accurately disclosed the relevant facts; and (3) less than five (5) years elapsed between the date the Advisory Opinion was issued and the date of the conduct in question. Sec.2-279. Complaints (a) Complainants. Any person who has first-hand knowledge that there has been a violation of Sections 2-272 and 2-273 of this Article may allege such violations by submitting a Complaint. The persons who may submit Complaints includes (but is not limited to) members of the Board of Ethics. (b) Form. Complaints shall be written on, or accompanied by, a completed form promulgated by the City Auditor. (c) Contents. A Complaint filed under this section must be in writing and under oath and must set forth in simple, concise, direct statements and must state: (1) the name of the Complainant; (2) the street or mailing address, email address, and the telephone number of the Complainant; (3) the name of each person Accused of violating this Article; (4) the position or title of each person Accused of violating this Article; (5) the nature of the alleged violation, including (whenever possible) the specific provision of this Article alleged to have been violated; (6) a statement of the facts constituting the alleged violation and the dates on which or period of time in which the alleged violation occurred; and (7) all documents or other material available to the Complainant that are relevant to the allegation. (d) Violation Alleged. The Complaint must state on its face an allegation that, if true, constitutes a violation of this Article. (e) Affidavit. A Complaint must be accompanied by an affidavit stating that the Complaint is true and correct or that the Complainant has good reason to believe and does believe that the facts alleged constitute a violation of this Article. The Complainant shall swear to the facts by oath before a Notary Public or other person authorized by law to administer oaths under penalty of perjury. (f) Limitations Period. To be accepted, a Complaint must be brought within six (6) months of the Complainant becoming aware of the act or omission that constitutes a violation of this Article. A Complaint will not be accepted more than two (2) years after the date of the act or omission. (g) Filing. Complaints shall be submitted to the City Auditor. Submission of Complaints may be made by hand delivery, by U.S. Mail, or email directed to an email address publicly listed by the City Auditor. (h) Acceptance of Complaint. Within five (5) business days of receiving a Complaint, the City Auditor shall determine if it is administratively complete, and timely. (1) Administratively Complete. A Complaint is administratively complete if it contains the information described above. If the Complaint is administratively complete, the City Auditor shall proceed as described in this Article. If the Complaint is incomplete the City Auditor shall send a written deficiency notice to the Complainant identifying the required information that was not submitted. The Complainant shall have ten (10) business days after the date the City Auditor sends a deficiency notice to the Complainant to provide the required information to the City Auditor, or the Complaint is automatically deemed abandoned and may not be processed in accordance with this Article. Within five (5) business days of a Complaint being abandoned, the City Auditor shall send written notification to the Complainant and the Accused. (2) Timely. To be timely, a Complaint must be brought within six (6) months of the Complainant becoming aware of the act or omission that constitutes a violation of this Article. A Complaint will not be accepted more than two (2) years after the date of the act or omission. (i) Notification of Acceptance. Within five (5) business days of determining that a Complaint is administratively complete, the City Auditor shall send a written notification of acceptance to the Complainant, the Accused, and the City Attorney. For purposes of this provision, a Complaint shall be considered Accepted when the City Auditor has deemed the submittal administratively complete, and timely. (j) Confidentiality. A Complaint that has been submitted to the City is hereby deemed confidential until such time as the Complaint is either dismissed or placed on an agenda for consideration by the Board of Ethics in accordance with this Article. Clerical and administrative steps shall be taken to identify and manage confidential information in accordance with this Article. The confidentiality created by this Article includes the fact that a Complaint was submitted and the contents of that Complaint. It shall be a violation of this Article for a City Official to publicly disclose information relating to the filing or processing of a Complaint, except as required for the performance of official duties or as required by law. Requests for records pertaining to Complaints shall be responded to in compliance with the State law. The limited confidentiality created by this Article is limited in scope and application by the mandates of the Texas Public Information Act, Chapter 552 of the Texas Government Code. (k) Ex Parte Communications. After a Complaint has been filed and during the pendency of a Complaint before the Board of Ethics, it shall be a violation of this Article: (1) for the Complainant, the Accused, or any person acting on their behalf, to engage or attempt to engage directly or indirectly about the subject matter or merits of a Complaint in ex parte communication with a member of the Board of Ethics or any known witness to the Complaint; or (2) for a Member of the Board of Ethics, to knowingly allow an ex parte communication about the subject matter or merits of a Complaint, or to communicate about any issue of fact or law relating to the Complaint directly or indirectly with any person other than a Member of the Board of Ethics, the City Auditor's office, the City Attorney's office, or Special Counsel. Sec. 2-280. Preliminary Assessment (a) Referral to Chairperson. Accepted Complaint(s) shall be referred to the Chairperson of the Board of Ethics within five (5) business days of being determined administratively complete. (b) Assignment of PaneL Within five (5) business days of receiving an Accepted Complaint, the Chairperson of the Board of Ethics shall assign the Complaint to a Panel for Preliminary Assessment. The Chairperson shall order a meeting of the Panel, which shall be conducted in compliance with the Texas Open Meetings Act. Each Panel shall select a Presiding Officer to conduct Panel deliberations. (c) Panel Determination. Within ten (10) business days of being assigned an Accepted Complaint, the Panel shall review the Complaint on its face and determine whether the Complaint is: (1) Actionable: the allegations and evidence contained in the Complaint, if true, would constitute a violation of this Article. (2) Baseless: the allegations and evidence contained in the Complaint, if true, would not constitute a violation of this Article. Actionable Complaints shall be returned to the Chairperson for listing on an agenda for a public hearing. Baseless Complaints shall be dismissed. Written notification of the Panel's determination shall be filed with the City Auditor and sent to the Chairperson, Complainant, the Accused, and the City Attorney within two (2) business days. Written notifications of dismissal shall include notice of the right to appeal. (d) Appeals. A Panel's preliminary assessment under this Section 2-280 may be appealed to the Board of Ethics by either the Complainant or the Accused, as applicable. An appeal shall be perfected by filing a written notice of appeal with the City Auditor within ten (10) business days of the date of the written notification. Sec.2-281. Meetings (a) Calling Meetings. Meetings of the Board of Ethics shall be called upon request of the Chairperson, three (3) members, or the City Auditor. (b) Quorum. The quorum necessary to conduct meetings of the Board of Ethics shall be four (4). The Chairperson (or acting chairperson) shall count toward the establishment of a quorum and retains the right to vote. (c) Hearings: (1) Scheduling: Hearings shall be scheduled by the City Auditor upon the filing of: (A) a Panel determination that a Complaint is Actionable; or (B) an Appeal challenging a Panel's dismissal of a Complaint as Baseless. (2) Purpose: The purpose of the hearing(s) shall be solely to determine whether: (A) a violation of this Article occurred, and if so to assess the appropriate sanction; (B) an Accepted Complaint was erroneously dismissed as Baseless by a Panel; and/ or (C) an Accepted Complaint is Frivolous. (3) Sworn Testimony: All witness testimony provided to the Board of Ethics shall be under oath. (4) Burden of Proof Because the burden of showing that a violation of this Article occurred is placed on the Complainant, it is the Complainant that has the obligation to put forth evidence, including testimony, supporting the Complaint. The Complainant is required to testify at the hearing. A Complainant's failure to testify at a hearing shall be grounds for dismissal of a Complaint. (5) Representation: The Accused shall have a right to present a defense. Both the Complainant and the Accuser have a right to be represented by legal counsel. (d) Open Meetings. All meetings and hearings of the Board of Ethics, including Panel deliberations, shall be conducted pursuant to the Texas Open Meetings Act. The Board of Ethics may convene in Executive Session (i.e., conduct a closed meeting) as allowed by the Act. All final actions of the Board of Ethics shall take place in open session. (e) Postponement in Certain Instances. (1) Proceedings may be postponed upon majority vote by the members of the Board of Ethics. (2) The Complainant and the Accused are each entitled to one (1) postponement without cause. Additional postponements shall be solely for good cause and at the discretion of the Board of Ethics. (3) If a Complaint alleges facts that are involved in a criminal investigation or a criminal proceeding before a grand jury or the courts, the Board of Ethics may, when a majority of its members deem appropriate, postpone any hearing or any appeal concerning the Complaint until after the criminal investigation or criminal proceedings are terminated. Sec.2-282. Disposition (a) DismissaL If the Board of Ethics determines at the conclusion of a hearing by simple majority vote of its members that a Complaint should be dismissed, it may do so upon finding: (1) the Complaint is Baseless; (2) the alleged violation did not occur; (3) the Accused reasonably relied in good faith upon an Advisory Opinion, as provided in this Article; or (4) the Complainant failed to testify at the hearing. (b) Sanctions. If the Board of Ethics determines at the conclusion of a hearing that a violation has occurred, it may within ten (10) business days impose or recommend any of the following sanctions: (1) Letter of Notification. If the violation is clearly unintentional, or when the Accuser's action was made in reliance on a written opinion of the City Attorney. A letter of notification shall advise the Accused of any steps to be taken to avoid future violations. (2) Letter of Admonition. If the Board of Ethics finds that the violation is minor and may have been unintentional, but calls for a more substantial response than a letter of notification. (3) Letter of Reprimand. If the Board of Ethics finds that the violation: (A) was minor and was committed knowingly, intentionally or in disregard of this Article; or (B) was serious and may have been unintentional. (4) Recommendation of Suspension. If the Board of Ethics finds that a violation was committed by a Member of the Planning & Zoning, or Zoning Board of Adjustment, or a Department Head, and it: (A) was serious and was committed knowingly, intentionally or in disregard of this Article or a state conflict of interest law; or (B) was minor but similar to a previous violation by the Person, and was committed knowingly, intentionally or in disregard of this Article. The final authority to impose a suspension rests with the City Council. (5) Ineligibility. If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year. Notice of all sanctions imposed by the Board of Ethics shall be transmitted to the Accused, Complainant, City Auditor, City Attorney, and City Council. (c) Frivolous. (1) Prohibition. It is a violation of this Article for a Person to submit a Frivolous Complaint. (2) Super-Majority Vote. If the Board of Ethics determines at the conclusion of a hearing by a vote of two-thirds (2/3) of its Members that a Complaint was Frivolous, the Board may impose a sanction as provided by Section 2-282(b). (3) Factors. In making a determination on frivolity, the Board of Ethics shall consider the following factors: (A) the timing of the sworn Complaint with respect to when the facts supporting the alleged violation became known or should have become known to the Complainant, and with respect to the date of any pending election in which the Accused is a Candidate or is involved with a candidacy, if any; (B) the nature and type of any publicity surrounding the filing of the sworn Complaint, and the degree of participation by the Complainant in publicizing the fact that a Complaint was filed; (C) the existence and nature of any relationship between the Accused and the Complainant before the Complaint was filed; (D) if the Accused is a Candidate for Election to Office, the existence and nature of any relationship between the Complainant and any Candidate or group opposing the Accused; (E) any evidence that the Complainant knew or reasonably should have known that the allegations in the Complaint were groundless; and (F) any evidence of the Complainant's motives in filing the Complaint. (4) External Remedies. Complainants who submit Frivolous Complaints are hereby notified that their actions may subject them to criminal prosecution for perjury (criminal prosecution), or civil liability for the torts of defamation or abuse of process. Sec.2-283. Reconsideration The Complainant or Accused may request the Board of Ethics to reconsider its decision. The request must be filed with the City Auditor within five (5) business days of receiving the final opinion of the Board of Ethics. The request for reconsideration shall be sent to the Chairperson of the Board of Ethics and the non-filing party (Complainant or Accused). If the Chairperson finds, in the Chairperson's sole discretion, that the request includes new evidence that was not submitted at a prior hearing, and that the new evidence bears directly on the Board of Ethic's previous determination, the Chairperson shall schedule a hearing on the request for reconsideration to occur within thirty (30) business days after filing with the City Auditor. Absent new evidence, the Chairperson shall unilaterally dismiss the request for reconsideration and provide to the Parties. Sec.2-284. Nepotism (a) City Council. No Person shall be employed by the City who is related to any member of the City Council within the third (3rd) degree of affinity or consanguinity. (b) Department Supervisor. No Person shall be employed by the City in a department if the Person is related to the City Manager or the department supervisor within the third (3ra) degree of affinity or consanguinity. (c) Preexisting Employment. 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U City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-657, Version: 1 AGENDA CAPTION Deliberation regarding Personnel Matters - Under Government Code Section 551.074; Consultation with Attorney - Under Texas Government Code Section 551.071. Deliberate and discuss the evaluation, duties, discipline, procedures, and contract of the City Attorney. City of Denton Page 1 of 1 Printed on 4/13/2018 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 18-661, Version: 1 AGENDA CAPTION National Small Business Week City of Denton Page 1 of 1 Printed on 4/13/2018 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 18-528, Version: 1 AGENDA CAPTION Consider approval of the minutes of March 5, March 6, March 20, and March 27, 2018. City of Denton Page 1 of 1 Printed on 4/13/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� CITY OF DENTON CITY COUNCII, MINUTES March 5, 2018 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Monday, March 5, 2018 at 11:30 a.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items were considered: PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Council Member Ryan, Council Member Gregory, Mayor Pro Tem Bagheri, and Mayor Watts. ABSENT: None. 1. Work Session Reports A. ID 18-350 Receive a report, hold a discussion, and give staff direction regarding an incentive request from United States Cold Storage. Caroline Booth, Director of Economic Development, presented an incentive request from United States Cold Storage. United States Cold Storage provided clients with refrigerated and frozen food warehousing and transportation with 38 facilities in 13 states and 2500 employees. The project was a refrigerated warehouse on a 40-acre site on Jim Christal Road in the Westpark TIRZ. The land sale closed on February 2. Booth stated that staff had analyzed the project with a 6-year, 25% tax abatement model and a construction sales and use tax rebate model. DME's Economic Growth Rider incentive was included in both models. The Economic Growth Rider was offered to new customers on certain commercial rate schedules whose electric demand exceeded 1,000 kVA and load factor was greater than DME's system load factor. Booth stated that staff did not recommend ad valorem tax incentives for this project because of its location within the Westpark TIRZ. The Economic Development Partnership Board did not agree with staff's recommendation and opted to recommend a 5-year, 25% tax abatement, the construction sales and use tax rebate, and the DME Economic Growth Rider for a total incentive of $561,165 (6-1). Council discussion included the DME Economic Growth Rider and impact on residential customers, client designating office space for a police substation location, the ad valorem tax incentive, and purchase of construction materials and how sales tax money collected would go to Denton. General consensus of Council was to move forward with the staff recommendation. B. ID 18-351 Receive a report, hold a discussion, and give staff direction regarding an incentive request from Fisher59. City of Denton City Council Minutes March 5, 2018 Page 2 Caroline Booth, Director of Economic Development, presented an incentive request from Fisher59. She stated that the family-owned and -operated company was headquartered in Denton and employed about 140 people locally and did more than $120 million in business annually. She stated that the company distributed Mi1lerCoors beverage brands to 40 counties in North Texas and Southern Oklahoma. The company's current site in Denton was at 2421 and 2419 I-35W North and consisted of 85,000 square feet of warehouse and office space. The company was seeking to expand by building a new 205,000-square-foot warehouse/distribution/office facility. The company had closed on a 50-acre site in Denton at US380/Masch Branch in late February. The company expected to create 67 new jobs with an average salary of $50,922. Benefits were offered to full-time employees. Staff analyzed the project with a 25% tax abatement model on the incremental value and a construction sales and use tax rebate model. Because the project retained an existing business, was a headquarters facility, had an average salary for new jobs that was 12% higher than the Denton County average, would be a LEED certified construction project, and was not located in a TIIZZ, staff recommended the following incentive: construction sales and use tax rebate of $59,504 and 5-year, 25% abatement on incremental value of $71,577. The Economic Development Partnership Board concurred with staff s recommendation (7-0). Council discussion included the number of new jobs, percentage of full-time employees and part- time employees, retention of an existing business, and the LEED certification. General consensus of Council was to move forward with the staff recommendation. 2. Concluding Items A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Hudspeth stated that he would like to see something similar to the Economic Incentive Application used by Economic Development be used for HOT funds. Council Member Briggs asked when the luncheon meetings started and if they were still necessary. City of Denton City Council Minutes March 5, 2018 Page 3 With no further business, the meeting was adjourned at 12:58 p.m. CHRIS WATTS MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCII, MINUTES March 6, 2018 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 6, 2018 at 1:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Council Member Ryan, Council Member Gregory, and Mayor Pro Tem Bagheri ABSENT: Mayor Watts. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda Items. 2. Requests for clarification of agenda items listed on the agenda for March 6, 2018. Staff responded to Council's requests for clarification on the following items: Council Member Hudspeth requested a future discussion on Consent Agenda Item E in terms of applications for funding Citizen Comments on Ethics Related Work Session Report Items Ken Gold spoke regarding more emphasis on full and complete disclosure of elected official's direct or indirect financial interest before the Council no matter how minimal. 4. Work Session Reports A. ID 18-333 Receive a report, hold a discussion, and give staff direction regarding a draft ethics ordinance from attorney Alan Bojorquez. Alan Bojorquez presented information on module #5 which dealt with crafting the ethics ordinance. This would be the first look at the first draft ordinance. Mayor Watts arrived at the meeting. Bojorquez reviewed the Purpose section which included wording to ensure that those who make decisions were responsible stewards of resources and assets. The Applicability section dealt with whether employees/staff were included and how would that be incorporated into the ethics ordinance. Council discussion included: Clarification of this provision was needed in terms of whether the provision applied to former city officials Whether two years for the provision of former city officials was too long Whether former council members would be prohibited from advocating for their own project as opposed to representing someone for pay City of Denton City Council Minutes March 6, 2018 Page 2 • The two year window related to someone coming back to make a complaint about the council member while still on Council • Clarification that a look back for a potential violation/ the violation would have to be while on Council or the two years for paid representation The Definitions section included "accused" and at what point was a complaint "charged" against an official. Council discussion included: • Making a clearer definition of "charged" such as once a complaint passed a certain point • There was concern that it included Planning and Zoning Commission members and Board of Adjustment members and a suggestion to adjust the time frame for those members • Whether the provision included consultation with staff Rules of Conduct dealt with city officials conducting themselves in a manner that fostered public trust and were charged with performing their public duties in a way that projected their own personal integrity and upheld the integrity of the organization. Council discussed that constitutional rights needed to be considered and it should be noted that Council would not be relinquishing their constitutional rights. Mandates included a duty to report and providing required financial reports. Council discussed that a report to the Fraud and Abuse Hotline would satisfy a duty to report, even if anonymous. Complete and full disclosures would follow State law and Conflict of Interest affidavit would be filed with the City Secretary. The Prohibitions section included conflict of interest, definition of a business entity, deliberations, and gifts. Council discussed: • It would be impossible to cover all situations dealing with conflicts of interest • Perception did not mean it fit a conflict situation • Consider specifying a time period; currently the time frame was at the time the complaint was pending before the city • The definition of a business entity needed more clarification • Procedures for unbundling certain items from a Consent Agenda or a budget vote - hold this discussion for a future procedurals discussion • Add staff to the definition of deliberations • Gifts in terms of ineals --invitation to an event as a dignitary - able to be reimbursed as State law allowed it if the person who invited the official was in attendance • Consider amending wording to allow for banquets or meetings with other officials in a networking mode. • There was a need for a definition of "recklessly" and "interference" • Determine how fair market value would be determined • The time period of two years for representation of others was acceptable • Amend the wording for abuse of resources in terms of who was using the city resource City of Denton City Council Minutes March 6, 2018 Page 3 Implementation noted that the City Auditor's Office would be responsible to provide staff support to the Board of Ethics to assist in implementation and enforcement. The degree of support required would be at the discretion of the City Auditor. Council suggested that the City Auditor maintain spreadsheet of disclosures, complaints, etc. The provision for the makeup of the Boards of Ethics was reviewed in terms of appointment, number of inembers, length of terms, eligibility and ineligibility. Council discussion included: • Even though there already was a general rule regarding eligibility include the specifics in the ethics ordinance • The inclusion of master craftsmen in building trades in the list of eligible individuals and why what was included • Whether to specify particular minimums from certain categories such as three members to be attorneys, licensed mediators or retired jurists, licensed professional counselors • Change to the third degree of affinity or consanguinity for those ineligible Preliminary assessment included assignment of a panel, panel determination and appeals. Council discussed: • Consider the serving of probation for a felony to prohibit service • Maintain wording as presented • Determine membership on the panel by the type of need for the panel • Consider whether one member should be a mediator, retired jurist, or attorney • An advisory opinion should come from just the panel • Determine whether the panel was subject to Open Meetings Act • Consider outsourcing the preliminary assessment to an outside attorney instead of having a panel • The panel should have at least one attorney, retired jurist, or mediator • There would be no appeal process for the advisory opinion Basic consensus of the Council on items was: • No anonymous submissions • For advisory board opinions have members be attorneys or retired jurists • One member on the subpanel need to be one of those two types of inembers • The Open Meetings Act would apply in terms of posting an agenda and maintaining minutes, allowing the public to attend • Handling of complaints would include wording regarding mailing of notices and timely delivery, stamping the complaints confidential, considering time of receipt in terms of holidays and time of day received • Appeals should be made to the entire Board and not just the panel • If the complainant did not attend the hearing, the complaint would be dropped unless asking for continuance — the burden of proof was on the complainant • The ineligibility of vendors would be for a period of one year City of Denton City Council Minutes March 6, 2018 Page 4 • Make specific reference to the sanction types and add language regarding immunity for complainant if the complainant was involved in the improper procedure • The Board of Ethics was the final authority and reconsideration would only be if new facts not previously considered were found Bojorquez noted that he would take all of the suggestions/consensus of Council and rework the draft ordinance. A public hearing on the draft ordinance would be scheduled for an upcoming meeting. B. ID 18-344 Receive a report, hold a discussion, and give staff direction regarding the FY 2016-17 Comprehensive Annual Financial Report and annual audit. Tony Puente, Director of Finance, noted the current financial situation of the city. John Hill, PB&H, presented information regarding various sections of the CAFR which included an unmodified opinion of the financial statement; no material noncompliance with the audit standards, no material noncompliance regarding the Federal and State Single Audit for FY 2017. The audit presented a clean opinion. Kent Willis presented information on the test of controls for the various sections of the audit; other control related procedures; internal control understanding and walkthroughs to gain knowledge of procedures in place; cash and investment balance sheet reviews; tax, customer and other receivables; capital assets; long-term liabilities; John Manning presented the current year recommendations and noted that prior year comments had all been addressed. C. ID 18-369 Receive a report, hold a discussion, and give staff direction regarding nominations and the appointment of a Member to the Board of Directors of the Denton County Transportation Authority to include a discussion on the composition of the existing Board of Directors. Mark Nelson, Director of Transportation, presented background information regarding Board composition, voting procedures in terms of routine matters, items of significance, definitions of critical or 2/3 votes; and next steps in terms of reappointment of current DCTA Board representation or submit other nominations. Council discussed interest in appointing someone interested in serving; all other boards/commissions had a six year term limit; a suggestion to maintain the current membership due to expertise and knowledge of the current member and perhaps consider a different member as an alternate to provide experience for the future. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE City of Denton City Council Minutes March 6, 2018 Page 5 The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. ID 18-345 Judy and Gene Gohlke Day Mayor Watts presented the proclamation for Judy and Gene Gohlke Day. B. ID 18-361 Purple Heart City Mayor Watts presented the proclamation for Purple Heart City. C. ID 18-415 New Horizons Senior Band Day The proclamation was not considered at this meeting. 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public L ID 18-359 Robert Donnelly regarding Solid Waste. Mr. Donnelly presented information concerning compliance of the SUP associated with the City landfill. He noted incorrect statements in a prior staff report. He felt the City was not in compliance with the provisions of the SUP. C. Additional Citizen Reports Rev. Dr. Jeff Hood presented information on a traffic stop performed by a City Fire Marshal while he was driving in Denton. He requested three things from Council — create a committee to discuss Fire Marshal needs to make traffic stops; create a policy that indicates Fire Marshal vehicles/persons are identified; and develop a list of agencies that can perform traffic stops for the city's website. 4. CONSENT AGENDA Council Member Gregory motioned, Mayor Pro Tem Bagheri seconded to adopt the Consent Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. City of Denton City Council Minutes March 6, 2018 Page 6 Ordinance No. 18-163 A. ID 18-163 Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Innovative Transportation Solutions, Inc. For transportation services as set forth in the contract; and providing an effective date (RFQ 6610-Professional Service Agreement for transportation consultant services to Innovative Transportation Solutions, Inc., for a two year contract in the amount of $252,000, with three (3) one-year options to renew, for a not-to-exceed total award of $630,000). Council Mobility Committee recommends approval (2-0). Ordinance No. 18-289 B. ID 18-289 Consider adoption of an ordinance of the City of Denton, a Texas home- rule municipal corporation, rejecting all bids received under IFB 6621 - purchase of 138kv circuit breakers and maintenance parts - pursuant to section 252.043 (f), Local Government Code; authorizing the City Manager, or his designee, the authority to enter into a contract with the Lower Colorado River Authority, through an Interlocal Cooperative Purchasing Program participation agreement pursuant to section 271.102 of the Texas Local Government Code, for the purchase of high voltage circuit breakers for Denton Municipal Electric; providing for the expenditure of funds therefor; providing an effective date (File 6621-Interlocal Cooperative Purchasing Program participation agreement for the purchase of electrical equipment with the Lower Colorado River Authority awarded to Siemens Industry, Inc. In the not to exceed amount of $2,200,000). The Public Utilities Board recommends approval (7- 0). Ordinance No. 18-325 C. ID 18-325 Consider adoption of an ordinance of the City of Denton, a Texas home- rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract through the Buy Board Cooperative Purchasing Network Contract# 521- 16 for the acquisition of one (1) Altec model AM60 Articulating Over-center Aerial truck for $236,005 and one (1) Altec model TA60 Articulating Telescopic Aerial truck for $236,948 for the Denton Municipal Electric Distribution Department; providing for the expenditure of funds therefor; and providing an effective date (File 6739 - awarded to Freightliner of Austin, in the amount of $472,953). The Public Utilities Board recommends approval (7-0). Ordinance No. 18-326 D. ID 18-326 Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute a Donation Agreement with Denton Independent School District ("DISD"), a political subdivision of the State Of Texas, in compliance with Ordinance 2008-113; authorizing the donation of two (2) patrol cars to the DISD for use in its Law Enforcement Technology Program; authorizing the donation of the equipment with an estimated value greater than five hundred dollars ($500); and providing an effective date (File 6656-Donation Agreement with Denton Independent School District). City of Denton City Council Minutes March 6, 2018 Page 7 Ordinance No. 18-328 E. ID 18-328 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Texas Filmmakers Corporation for the sponsorship of the Thin Line Festival; providing for the expenditure of funds therefor; and providing for an effective date. ($5,000) The Public Utilities Board recommends approval (6-1). Ordinance No. 18-332 F. ID 18-332 Consider adoption of an ordinance of the City of Denton, Texas providing for the schedule of miscellaneous fees, deposits, billings and procedures for administrative services to city utilities customers contained in Ordinance No. 2016- 276; amending the provisions of the account connection and reconnection charges; amending the provisions of the miscellaneous fees, charges and deposits; providing for a repealer; providing for a severability clause; providing for an effective date. The Public Utilities Board recommended approval (6-0). Ordinance No. 18-384 G. ID 18-384 Consider adoption of an ordinance of the City of Denton, a Texas home- rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract through the Buy Board Cooperative Purchasing Network Contract #516- 16 for the acquisition of one (1) Low Boy Trailer for the Streets Department; providing for the expenditure of funds therefor; and providing an effective date (File 6714 - awarded to Holt Texas, LTD, dba Holt Truck Center, in the amount of $82,610.82). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. A17-0006c Conduct the first of two readings of an ordinance of the City of Denton for a voluntary annexation of approximately 0.30 acres of land generally located on the east side of Old Alton Road, south of the intersection of Old Alton Road and Teasley Lane by the City of Denton, Texas. Richard Cannone, Interim Planning Director, presented information on a voluntary annexation on Old Alton Road in terms of the annexation schedule. He read the ordinance caption into the record. No action was required on this item at this time. B. ID 18-316 Consider nominations/appointments to the City's Boards and Commissions: Human Services Advisory Committee and Public Art Committee. Jennifer Walters, City Secretary, noted that Council Member Ryan had nominated Rhonda Love to the Human Services Advisory Committee and Council Member Duff had nominated Jodi Ismert to the Public Art Committee. Council Member Briggs motioned, Mayor Pro Tem Bagheri seconded to approve the noted nominations. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", City of Denton City Council Minutes March 6, 2018 Page 8 Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. 18-331 C. ID 18-331 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, for partial approval of a pre-qualified professional services list for project management, Development Services, Roadways, and Traffic Signals and Street Lighting Design Services; and providing an effective date (RFQ 6590). Todd Estes, City Engineer, presented a list of prequalified engineers for professional engineering services. He reviewed the professional services RFQ, the process involved, and the qualified firms for project management, Development Services, roadways and traffic signals and street lighting design services. The agreements would be for three years. Next steps in the process were presented. Council noted that not all of the firms on the list would receive projects and that while there was a ranking list, firms could be used out of order due to expertise with a certain project. Mayor Pro Tem Bagheri motioned, Council Member Ryan seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. 6. PUBLIC HEARINGS Ordinance No. Z18-OOOlb A. Z18-OOOlb Hold a public hearing and consider adoption of an ordinance regarding an amendment to the Rayzor Ranch Overlay District to provide standards and criteria for the residential development within the Rayzor Ranch Marketplace Residential Area. The Rayzor Ranch Marketplace Residential Area includes approximately 40.7 acres generally located on the west side of North Bonnie Brae Street, approximately 1,400 feet north of West University Drive (US 380) in the City of Denton, Denton County, Texas. (Z18-OOOlb, Rayzor Ranch Marketplace Residential, Hayley Zagurski). The Mayor opened the public hearing. Haley Zagurski, Senior Planner, presented information on the background of the proposal; background information on Rayzor Ranch; overlay zoning for the Marketplace; base zoning for the property; proposed standards; future land use map compatibility; consideration for approval of the proposal; public notifications; and recommendations from staff and the Planning and Zoning Commission. Council discussed the dimensions of the two zoning districts; the ability to amend street widths to help with parking in the area; and the future widening of Bonnie Brae with associated dedication of right-of-way. City of Denton City Council Minutes March 6, 2018 Page 9 Drew Christ spoke in support of the project. Daniel Ebard spoke in favor. Council continued their discussion regarding ingress/egress of the project and the number of units in the proposal; The Mayor closed the public hearing. Council Member Hudspeth motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. Z17-0027b B. Z17-0027b Hold a public hearing and consider adoption of an ordinance to rezone approximately 2 acres from a Neighborhood Residential Mixed Use 12 (NRMU-12) District to a Community Mixed Use General (CM-G) District. The subject property is located at 1101 W. University Drive, in the City of Denton, Denton County, Texas (Z17-0027b, Pecan Creek Crossing, Shandrian Jarvis Ugwoke). The Planning and Zoning Commission voted 6-0 to approve the request. Shandrian Jarvis Ugwoke, Senior Planner, presented the background information on the proposal for rezoning of 2 acres. The intent for the property was to construct retail establishments and/or restaurants. She reviewed the compatibility with the future land use map, zoning compatibility; public facilities in the area; environmental assessment; public notification; and staff and Planning and Zoning Commission recommendations of approval. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Hudspeth motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. 7. 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 City of Denton City Council Minutes March 6, 2018 Page 10 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. Council Member Briggs requested a staff report on crime statistics by council district. Council Member Briggs and Council Member Gregory requested an Informal Staff Report on traffic stop by Fire Investigators and whether Fire Investigator vehicles could be better marked. Council Member Briggs requested information on planting white lilacs in Quakertown Park in remembrance of Henry Taylor. Mayor Pro Tem Bagheri requested information on the Department of Motor Vehicles location and provide parking for current site. B. Possible Continuation of Closed Meeting topics, above posted. There was no continuation of the Closed Meeting. With no further business, the meeting was adjourned at 7:50 p.m. CHRIS WATTS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCII, MINUTES March 20, 2018 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 20, 2018 at 1:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Briggs, Council Member Duff, Council Member Ryan, Council Member Gregory, Mayor Pro Tem Bagheri, and Mayor Watts. ABSENT: Council Member Hudspeth 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda Items. 2. Requests for clarification of agenda items listed on the agenda for March 20, 2018. Staff responded to Council's requests for clarification on the following items: Council Member Gregory Consent - Agenda Items D, E and F Council Member Briggs - Consent Agenda Item T Mayor Watts - Consent Agenda Items P and Q Council Member Hudspeth arrived at the meeting. 3. Citizen Comments on Ethics Related Work Session Report Items There were no citizen comments on Ethics Related Work Session Report Items. 4. Work Session Reports A. ID 18-427 Receive a report, hold a discussion, and give staff direction regarding the City's Delinquent Tax Collection Contract. Bryan Langley, Deputy City Manager, presented information on the delinquent tax collection services contract options. The current contract would expire in June. He reviewed the collection history, contract history, 2016 recommendation, 2016 Council discussion, clarifications from law firms in 2016, and Council action in 2016. Conclusions and recommendations were noted. Council discussion included: • Whether to consider an RFQ process • What complaints had been received regarding the current firm - if there were complaints, how to get those to the Council for consideration of contract renewal • What amount of delinquent taxes were less than $600 in conjunction with additional fees that were added on to these types of accounts. Consensus of the Council was to proceed with Option 1 and work on communications regarding the process of the collection of taxes. City of Denton City Council Minutes March 20, 2018 Page 2 B. ID 18-434 Receive a report, hold a discussion, and provide direction concerning a Management Study for Water, Wastewater, and Denton Municipal Electric. Kenny Banks, General Manager of Utilities, presented the information on the Management Study which was a Charter requirement. He noted the background information on the study, the comparative analysis of significant operational costs, outsourcing, deliverables, and project schedule. Council discussion included: • The amount of current outsourcing • Include customer service in terms of on-line information • Whether the study would give a look at how competitive Denton was with the surrounding area • Whether the study would include long range planning for such areas as water and wastewater • The study would provide strategic information on how to plan for the future C. ID 18-461 Receive a report, hold a discussion, and give staff guidance on a proposed amendment to the Denton Development Code to remove a limitation on the square footage and number of truck bays for the Distribution Center/Warehouse, General and Warehouse, Retail uses in the Employment Center Districts. Richard Cannone, Interim Planning Director, reviewed the amendment request for the EGI and EGC zoning districts. The request was to remove the limitation on the number of truck bays and the limitation on the square footage. He presented the staff recommendation for Council consideration. Council discussed: • The change would only apply to the two noted zoning districts • Whether there was a potential project that stimulated this proposed amendment Consensus of the Council was to proceed with the staff recommendation. D. ID 18-406 Receive a report, hold a discussion, and give staff direction regarding a draft ethics ordinance from attorney Alan Bojorquez. Alan Bojorquez presented information on draft "B" of the proposed ordinance noting the changes made from "A" to "B" that included adding wording to the Purpose 3-106; adding clarifying language in Prospective section 3-107; adding clarifying information on Applicability 3-108; adding and modifying various terms in section 3-109; adding clarifications on Expectations in 3- 111; adding clarifications on time frame in Mandates: Duty of Report in 3-112; adding language in Prohibitions - Conflict of Interest 3-113 in terms of disclosure, business entity and deliberations; adding clarification to the wording of Prohibitions: Gifts 3-113; and adding clarification on Prohibitions: Representation of Others 3-113 Council discussed: City of Denton City Council Minutes March 20, 2018 Page 3 • Whether to include mandatory disclosure of potential conflicts that would be above recusing from discussion/vote on items • Optional consideration would be acceptable but not mandatory • Revise the current form to include a voluntary disclosure portion; not include in the ordinance but have as a city policy • If there were a conflict in the past 12 months that came to a vote but no longer had that conflict at this moment, would disclose the previous conflict but could vote on the item. Bojorquez continued that language was added to Implementation; Staffing 3-114 in terms of a conflicts log and City Manager performing the City Auditor duties if a complaint was against the City Auditor; added language regarding Board of Ethics 3-117; added clarification for complaints - 3-119; clarified language in Preliminary Assessment 3-120; clarified language in Meetings 3-121 for representation, postponements, number for a quorum; and General Procedural clarifications added 3-124. He noted that there was nothing covering nepotism at this time and reviewed proposed provisions which mirrored State law. He presented future discussion dates. Umesh Dalal, City Auditor, noted that he would not have an issue if a complaint were against his office and the City Manager's Office handled the administrative procedures for the complaint. Council questioned designating the City Auditor as the prime department to handle ethics complaints. Dalal indicated he had no problem with the proposed procedure. City Manager Hileman noted that the City Charter had a prohibition with hiring within second or third degree which also related to department heads. Consensus of the Council was that as it was currently in the Charter, there was no need to include it in the ethics ordinance. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. ID 18-375 New Horizons Senior Band Day Mayor Watts presented the proclamation to the New Horizons Senior Band Day. 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. City of Denton City Council Minutes March 20, 2018 Page 4 L ID 18-480 Christopher Klabunde regarding a statement of concern regarding Storrie Parachute Works, Inc. Mr. Klabunde presented information regarding the sale of semi-automatic weapons by Storrie Parachute Works, Inc. in Denton. He expressed his concern regarding this business and suggested there should be zoning where these types of weapons could be sold. C. Additional Citizen There were no additional citizen reports. 4. CONSENT AGENDA Mayor Pro Tem Bagheri motioned, Council Member Ryan seconded to adopt the Consent Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. 18-279 A. ID 18-279 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the City of Haltom City, Texas, under Chapter 791 of the Texas Government Code, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 6710- Interlocal Cooperation Agreement with the City of Haltom City). A�roved the minutes listed below. B. ID 18-317 Consider approval of the minutes of February 5, February 6, February 13, February 15, February 20, and February 27, 2018. Ordinance No. 18-323 C. ID 18-323 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Keep Denton Beautiful, Inc. for the sponsorship of the Great American Cleanup, Denton Redbud Festival, Community Tree Giveaway, Neighborhood Beautification Grants, Environmental Education Grants, and Mural Art Initiative; providing for the expenditure of funds therefor; and providing for an effective date. ($11,500) The Public Utilities Board recommends approval (6-1). Ordinance No. 18-338 D. ID 18-338 Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute a Local Transportation Project Advance Funding Agreement (LPAFA) for a Congestion Mitigation and Air Quality (CMAQ) Improvement Project (construction of sidewalks for the Wilson and Pecan Creek City of Denton City Council Minutes March 20, 2018 Page 5 Elementary School areas) with the Texas Department of Transportation (TxDOT) for receiving federal and state funding of $401,623, with a local match of $100,284, for a total project cost of $501,907; authorizing the expenditure of funds; and providing an effective date. Ordinance No. 18-340 E. ID 18-340 Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute an Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project (construction of sidewalks for the Ginnings and Lee Elementary School areas) with the Texas Department of Transportation for receiving federal funding of $762,311 and state funding of $54,029 with a local match of $190,577 for a total project cost of $1,006,917; authorizing the expenditure of funds therefor; and providing an effective date. Ordinance No. 18-341 F. ID 18-341 Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute an Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project (construction of multi-use sidepath on Sycamore Street and bike lanes on Welch Street) with the Texas Department of Transportation for receiving federal funding of $762,508 and state funding of $36,491 with a local match of $190,627 for a total project cost of $989,626; authorizing the expenditure of funds therefor; and providing an effective date. Resolution No. 18-393 G. ID 18-393 Consider approval of a resolution allowing Mi Casita to sell alcoholic beverages for the Cinco de Mayo Festival, on Saturday, May 5, 2018, at Quakertown Park upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (4-0). Ordinance No. 18-395 H. ID 18-395 Consider adoption of an ordinance of the City of Denton, Texas granting the Denton Cinco De Mayo Festival, pursuant to Section 17-20 of the Code of Ordinances, a noise exception on Saturday, May 5, 2018, at Quakertown Park; granting an increase in sound levels for an outdoor music festival from 70 to 75 dba from 10 a.m. until 10 p.m.; and providing an effective date. Ordinance No. 18-396 L ID 18-396 Consider adoption of an ordinance of the City of Denton, Texas approving a City sponsorship in an amount not to exceed $15,200 of in-kind services and resources for the Denton Cinco de Mayo Festival on Saturday, May 5, 2018, at Quakertown Park; and providing an effective date. City of Denton City Council Minutes March 20, 2018 Page 6 Resolution No. 18-398 J. ID 18-398 Consider approval of a resolution allowing Profest, Inc. to sell alcoholic beverages for the Denton Arts & Jazz Festival, Friday, April 27, through Sunday, April 29, 2018, at Quakertown Park upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Ordinance No. 18-399 K. ID 18-399 Consider adoption of an ordinance of the City of Denton, Texas granting the Denton Arts & Jazz Festival, pursuant to Section 17-20 of the Code of Ordinances, a noise exception Friday, Apri127, and Saturday, Apri128, from 10 p.m. to midnight; and Sunday, Apri129, 2018, from 11 a.m. to 10 p.m. at Quakertown Park; granting a variance in hours of operation for amplified sound levels for an outdoor music festival; and providing an effective date. Ordinance No. 18-400 L. ID 18-400 Consider adoption of an ordinance of the City of Denton, Texas approving a City sponsorship in an amount not to exceed $165,000 of in-kind services and resources for the Denton Arts & Jazz Festival on Friday, Apri127, through Sunday, Apri129, 2018, at Quakertown Park; and providing an effective date. Ordinance No. 18-401 M. ID 18-401 Consider adoption of an ordinance of the City of Denton, Texas, granting The Village Church Denton, pursuant to Section 17-20 of the Code of Ordinances, a noise exception on Sunday, April 8, 2018, from 10 a.m. until 4 p.m. at North Lakes Park; granting a variance in hours of operation for amplified sound levels for an outdoor event; and providing an effective date. Ordinance No. 18-402 N. ID 18-402 Consider adoption of an ordinance of the City of Denton, Texas granting the Thin Line Film Festival, pursuant to Section 17-20 of the Code of Ordinances, a noise exception Wednesday, April 18, through Sunday, April 22, 2018; granting an increase in sound levels for an outdoor music festival from 70 to 75 dba and a variance in hours of operation each day from noon until 11 p.m. on the Denton County Courthouse lawn; and providing for an effective date. Ordinance No. 18-411 O. ID 18-411 Consider adoption of an ordinance creating a Capital Improvements Advisory Committee pursuant to Texas Local Government Code §395.058 as a requirement before authorizing impact fees; appointing the Planning and Zoning Commission members as members of the Capital Improvements Advisory Committee; providing for the appointment of one additional ad hoc member the Capital Improvements Advisory Committee from the Extraterritorial Jurisdiction of the City of Denton, Texas; providing for the adoption of procedural rules for the Capital Improvements Advisory Committee to follow in performing out its duties; and providing for an effective date. City of Denton City Council Minutes March 20, 2018 Page 7 Ordinance No. 18-413 P. ID 18-413 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of this First Amendment to a contract with Graham Associates, Inc., for engineering services relating to Bonnie Brae Phase 5 Improvements from North of Scripture to Highway 380; providing for the expenditure of funds therefor; and providing an effective date (File 5330 - providing for an additional expenditure amount of $271,813.08, for a total contract amount of $1,103,009.58). Ordinance No. 18-414 Q. ID 18-414 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of the First Amendment to a contract with Graham Associates, Inc., for engineering services relating to Bonnie Brae Phase 4 Improvements from IH 35E to north of Scripture Road; providing for the expenditure of funds therefor; and providing an effective date (File 6285 - providing for an additional expenditure amount of $303,960.25, for a total contract amount of $1,204,216.50). Ordinance No. 18-417 R ID 18-417 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperation Agreement with the University of North Texas under Chapter 791 of the Texas Government Code, to authorize the City of Denton to participate in a project to develop a strategic staffing plan which will assess the current staffing levels within the patrol and communications divisions and making projections and recommendations for staffing needs over the next five years; authorizing the expenditure of funds therefor; and declaring an effective date (File 6741-Interlocal Cooperation Agreement with the University of North Texas in the amount of $21,505). Ordinance No. 18-424 S. ID 18-424 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Friends with Benefits for the purpose of expenses for outings for the children at Cumberland Children's Home; providing for the expenditure of funds therefor; and providing for an effective date. ($160) Ordinance No. 18-429 T. ID 18-429 Consider adoption of an ordinance of the City of Denton approving a tariff authorizing an annual Rate Review Mechanism ("RRM") as a substitution for the annual interim rate adjustment process defined by Section 104301 of the Texas Utilities Code, and as negotiated between Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company") and the Steering Committee of Cities served by Atmos; requiring the company to reimburse Cities' reasonable ratemaking expenses; adopting a savings clause; determining that this ordinance was passed in accordance with the requirements of the open meetings act; declaring an effective date; and City of Denton City Council Minutes March 20, 2018 Page 8 requiring delivery of this ordinance to the company and legal counsel for the Steering Committee. 5. ITEMS FOR INDIVIDUAL CONSIDERATION Resolution No. 18-148 A. ID 18-148 Consider approval of a resolution replacing the current City of Denton Policy for Tax Abatement and Incentives to establish guidelines and criteria governing tax abatement agreements and other types of incentive agreements. Caroline Booth, Director of Economic Development, presented the background information concerning the policy including when the policy revision process started, primary changes to the policy, recommendation from the Economic Development Partnership Board and key points of the policy. Council discussed the time parameters for the length of the incentives. Council Member Ryan motioned, Council Member Gregory seconded to approve the resolution. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Resolution No. 18-329 B. ID 18-329 Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a primary representative to the Denton County Transportation Authority Board of Directors and consider nominations for an alternate representative to the Denton County Transportation Board of Directors; and providing an effective date. Mark Nelson, Director of Transportation, presented the staff report on the DCTA Board representation. He noted the current primary representative and alternate representative, the length of Board service and eligibility, and options for Council to consider regarding the reappointment of the primary representative and nominations for an alternate. Council Member Gregory motioned, Council Member Briggs seconded to approve the resolution with Option 1 relative to the reappointment of Richard Huckabee and consider nominations for an alternate at a later meeting. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", and Mayor Watts "aye". Mayor Pro Tem Bagheri "nay". Motion carried. 6. PUBLIC HEARINGS A. ID 18-383 Hold a public hearing regarding a draft ethics ordinance from attorney Alan Bojorquez. City of Denton City Council Minutes March 20, 2018 Page 9 Alan Bojorquez presented the report on the draft ethics ordinance which had an associated public hearing at this meeting. He noted key dates in the process for drafting the proposed ordinance, the consideration of many options in the review process which crafted a code directly for Denton. He reviewed key portions of the proposed ordinance in terms of purpose, applicability, expectations, mandates, prohibitions, training, the creation of a Board of Ethics which would be responsible for advisory opinions, procedures for complaints, preliminary assessment, meeting procedures for the Board of Ethics, procedures for disposition of a complaint, and reconsideration procedures. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Mayor Watts noted that David Zoltner was not present at the meeting but submitted comments which were read by the Mayor Ken Gold expressed his opinion on full disclosure Deb Armintor presented suggestions on revisions to various portions of the proposed ordinance. The Mayor closed the public hearing. No action was required on this item at this time. Council discussion included: • A time line for HR policy for employees • Consideration of disclosure for business partners • Consider adding PUB to the ordinance • Include wording on filing form regarding business partners for conflict of interest forms • Distinction between recusal and disclosure • Consider dividing the recusal versus disclosure provisions Ordinance No. Z17-0025d B. Z17-0025d Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a zoning change from Neighborhood Residential2 (NR- 2) district and use classification to a Regional Center Commercial Downtown (RCG D) district and use classification on approximately 88.725 acres of land generally located south of University Drive (US 380), approximately 1,500 feet west of Interstate 35 (I-35), in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommended 6-0 to approve the request. A supermajority vote by Council is required for approval. Ron Menguita, Long Range Planning Administrator, presented the staff report on the rezoning proposal. He noted the business innovation for the tracts of property, compatibility of the proposed zoning with the surrounding zoning, an analysis of the proposed zoning, mobility surrounding the City of Denton City Council Minutes March 20, 2018 Page 10 property, and notifications which included one letter in opposition which required a supermajority vote by Council. Staff and the Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. Randi Rivera, applicant, spoke in favor. The Mayor closed the public hearing. Mayor Pro Tem Bagheri motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. C. DCA 17-0011 b Hold a public hearing and consider adoption of an ordinance regarding proposed revisions to the Denton Development Code, specifically to repeal and replace Subchapter 17 Environmentally Sensitive Areas (ESAs), amend Subchapter 3 Procedures related to appeals, and amend Subchapter 23 Definitions by adding new and replacing definitions. The Planning and Zoning Commission voted 4-2 to approve the revisions with conditions. (DCA17-0011, Environmentally Sensitive Areas, Deborah Viera) THIS ITEM HAS BEEN POSTPONED TO THE APRIL 3, 2018 MEETING. A STAFF REPORT WILL BE PROVIDED WHEN THE ITEM IS RESCHEDULED. This item was not considered. Ordinance No. 18-376 D. ID 18-376 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding amending the City's Drainage Design Criteria Manual to update it; providing a severability clause and an effective date. Chad Allen, Deputy City Engineer, presented the update on the provisions of the criteria manual for drainage and transportation. He noted the proj ect goals for the updates, background information on hiring the consultant, update process, listing of stakeholders involved, the process timeline and remaining steps. He noted the changes proposed for the drainage manual, changes not made to the proposed drainage manual, and additional changes incorporated after public comment. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Gregory motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. City of Denton City Council Minutes March 20, 2018 Page 11 Ordinance No. 18-430 E. ID 18-430 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding amending the City's Transportation Design Criteria Manual to update it; providing a severability clause and an effective date. Pritam Deshmukh, Program Engineer, presented information on the amendments to the Transportation Design Criteria Manual. Council discussed the amendments including the street widths designated in the manual. Mayor Pro Tem Bagheri motioned, Council Member Briggs seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. 18-386 F. ID 18-386 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, adopting Standards of Care for Youth/Teen Programs administered by Denton's Parks and Recreation Department pursuant to Texas Human Resources Code Section 42.041 (b) (14); and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). Laura Behrens, Assistant Director of Parks and Recreation, stated a public hearing was a state requirement in regards to the program standards of care. The Mayor opened the public hearing Luann Autry posed several questions about the ordinance. The Mayor closed the public hearing. Council Member Briggs motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. 7. 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 City of Denton City Council Minutes March 20, 2018 Page 12 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. Council Member Briggs requested an update on small cell infrastructure. Council Member Briggs requested a report on the DEC air permit testing. Council Member Briggs requested a staff report on gun sales and zoning regulations. Council Member Hudspeth requested information on emergency plans for the City. Council Member Hudspeth requested an analysis on city-wide speed limits. Council Member Hudspeth requested an updated plan for the opening of the splash park. Council Member Hudspeth requested a follow-up discussion on the homelessness restrooms in the downtown area. Council Member Gregory requested update on the fences surrounding the two cemeteries and monument repairs. Mayor Watts requested a Work Session on the City's water plan. Mayor Watts requested the formation of a committee to encourage all individuals to participate in the upcoming 2020 census. B. Possible Continuation of Closed Meeting topics, above posted. There was no continuation of the Closed Meeting. With no further business, the meeting was adjourned 8:40 p.m. CHIS WATTS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCII, MINUTES March 27, 2018 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 27, 2018 at 12:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Council Member Ryan, Council Member Gregory, Mayor Pro Tem Bagheri, and Mayor Watts. ABSENT: None. 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda Items. 2. Work Session Reports A. ID 18-385 Receive a report and hold discussion regarding signal timing at intersections with red light cameras within the City. Pritam Deshmukh, Traffic Engineer, presented the staff report regarding the traffic signal timing in terms of terminology, signal cycle, yellow change interval, and the pros and cons of increasing the yellow change interval. Council discussed: • Perception of what the yellow light meant to drivers • Effect on the change in yellow timing with cross walk signals • Whether the yellow timing was changed when the red light cameras were installed Deputy Chief Fletcher presented the location of the current red light cameras. He reviewed the background on the placement of the cameras throughout the City and associated State regulations. He continued with the number of red light camera violations and the number of accidents at the red light camera intersections. Council discussion included: • Considering a pilot program with a longer yellow to determine the efficiency of such a change • Recent studies associated with driving habits Consensus of the Council was to proceed with a pilot program at an intersection for data purposes. Time for the program would be for 30 days with the intersection of Oak and Carroll for the pilot location. B. ID 18-476 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. Tony Puente, Director of Finance, presented the staff report regarding the reallocation of project bond funds and other funds in conjunction with the City's capital improvement program. Discussion had been held with the Capital Bond Oversight Committee and the Public Utilities City of Denton City Council Minutes March 27, 2018 Page 2 Board. His presentation included the status of all GO funded projects, recommendations of the 2014 Bond Oversight Committee and staff recommendation to fully fund projects. The status of all GO funded projects included the 2005, 2012, and 2014 bond program projects. Council discussed: • These were voter approved bonds and the duty to follow the information presented relative to the bonds • More detailed information was needed from the Oversight Committee in terms of inembership, schedule of ineetings, minutes • Consider updating the resolution establishing the Oversight Committee to include the number of ineetings and aspects of various projects • Funding allocations for shortfalls and consider using the Fund Balance to pay for the projects • Include in future presentations options for cutting the shortfalls and a time line for accomplishing the noted proj ects • Consider revisiting the drainage fee and associated philosophy for usage of the funds Puente continued with the various aspects of the Vela proj ect presented in terms of funding, details of the proj ect and time line for phases of the proj ect. Mayor Watts suggested a standalone discussion regarding the Vela Soccer complex. Consensus of Council was to schedule the discussion of the project at an upcoming meeting. Puente continued with action items for Council's consideration. It was noted that the items would be forwarded to the Audit Finance Committee for discussion on April 10�h and then return to Council on April 17th. C. ID 18-477 Receive a report, hold a discussion, and give staff direction regarding a proposed rate reduction for residential Solid Waste customers. Tony Puente, Director of Finance, presented the staff report on a proposed rate reduction for residential Solid Waste customers. He reviewed the proposed 12% residential rate decrease, the impact of the rate decrease and the discussion of the next steps. Council discussed: • Whether the reduction would impact the debt service for solid waste • The reduction only covered residential solid waste service at this time but included recycling as well as solid waste • Whether it would be better to accelerate the repayment of debt service as opposed to a rate reduction Puente presented staff efforts to date regarding the rate reduction in terms of business unit realignment, revised capital planning and budget processes, and a review of business case and financial analyses. Changes in the Capital plan and debt service included a reduction of the CIP, the impact of reserves and working capital, and the budget impact. Next steps included operational review, cost of service and market study, and proposed departmental budget. City of Denton City Council Minutes March 27, 2018 Page 3 D. ID 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). Matt Goebel, Clarion and Associates, presented information concerning the project overview, a review of administration and procedures and next steps. The project overview included information on what was the DDC, goals of the Denton 2030 Plan, tasks and timeline, and the drafting of the new DDC in modules. Administration & Procedures module - Goble presented the goals of the module. He noted each subchapter's basic information, review and decision-making bodies, common review procedures; change of use permit; subdivision procedures, plan and DDC amendments; planned development updates, flexibility and relief procedures; and minor modifications. He noted the future meetings to discuss Module 2 that also included update zoning map public meetings. Council discussed: • The rezoning map as part of updating the DDC • Changing back from MPC to PD in terms of size of project • Maintain flexibility with infill Council discussed the Development Advisory Committee and whether it should remain in its present composition and the role of the Committee. Following the completion of the Work Session, the City convened in a Closed Meeting to consider the specific items below under the Closed Meeting section of this agenda. Closed Meeting: A. ID 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. ID 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). City of Denton City Council Minutes March 27, 2018 Page 4 Following the completion of the Closed Meeting, the City Council convened in a Special Called Meeting to consider the following items: 1. CONSENT AGENDA Mayor Pro Tem Bagheri motioned, Council Member Gregory seconded to approve the Consent Agenda and accompanying ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. 18-462 A. ID 18-462 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). B. ID 18-479 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. This item was not considered. 2. ITEMS FOR INDIVIDUAL CONSIDERATION Resolution No. 18-455 A. ID 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. Mark Nelson, Director of Transportation, presented the staff report regarding the managed lane debate. He reviewed the description of the IH-635 East Project and the State directive regarding the planning process and removal of local control. He noted the regional position regarding the project which approved managed lanes and the impact of that position. Support of managed lanes was presented along with the next steps in the process in terms of the Regional Transportation Council. The City needed to determine a position regarding managed lanes. City of Denton City Council Minutes March 27, 2018 Page 5 Council Member Gregory motioned, Mayor Pro Tem Bagheri seconded to approve the resolution. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. 18-478 B. ID 18-478 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. Council Member Briggs motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. 18-506 C. ID 18-506 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. George Morrow, General Manager of DME, presented the staff report regarding the extension of the TMPA power sales contract. The extension would be for one month only. Council Member Gregory motioned, Council Member Ryan seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Council returned to Item 2.D. to discuss the Development Review Council committee. D. ID 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). City Attorney Leal noted that the Development Review Advisory Review Committee was created in 2006 without a resolution. The Agenda Information Sheet for that item showed that the Committee would look at specific amendments. A resolution in 2015 amended the Board/Commissions/Committees Handbook including this ad hoc committee. It was his determination that this was an active committee and that the meeting scheduled for Wednesday could be held. Planning and Zoning Commission members were not considered part of the Committee and he encouraged Council to adopt a resolution with parameters of the Committee. City of Denton City Council Minutes March 27, 2018 Page 6 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. Mayor Pro Tem Bagheri suggested including DISD partnerships as a topic for discussion during the joint DISD meeting. Council Member Duff noted that he had received concerns regarding recycling in apartments. Council Member Duff suggested acquiring the Credit Union branch property for use as an increase parking location. Council Member Gregory requested that the joint meeting with the DISD be broadly posted so as to include dialog regarding future construction, bonds, purchases of property, school safety and deployment of school resource officers. Council Member Ryan requested a Work Session on red light cameras, traffic signals and intersection safety. Council Member Briggs requested an update on the TxDOT funding for McKinney in terms of scheduling for use of the funds. Council Member Briggs requested an update on the hiring process for the bike/pedestrian coordinator. Council Member Briggs requested a copy of the wastewater drainage fee ordinance in their Friday packet. Council Member Briggs requested the timing of the CarrolUHickory crosswalk be checked as it appeared it was a short timing sequence. Council Member Briggs asked that a copy of the new proposed zoning map be included in their Friday packet. City of Denton City Council Minutes March 27, 2018 Page 7 Council Member Briggs requested that during the DDC update process, staff work for outreach and collaboration with residents impacted, including neighborhood planning for a new historic register in her district. Mayor Pro Tem Bagheri requested that the red light camera contract be included in the Work Session discussion. Mayor Pro Tem Bagheri requested an Informal Staff Report regarding what percent of recyclables were sent to China and information on buyers of the City's recyclables. Mayor Watts requested a report on options of how the City could minimize its use of Styrofoam and plastic. With no further business, the meeting was adjourned at 7:02 p.m. CHRIS WATTS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-551, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas to amend the City of Denton Code of Ordinances related to Section 2-29 (City Council Rules of Procedure) Subsection (G)(4) (recording of votes) to include the recording of votes for each council member within all ordinances and resolutions; providing for a severability clause; and providing for an effective date. City of Denton Page 1 of 1 Printed on 4/13/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� ��y c��° �� City l Iall "'� � 215 I3. Mci�iz�r��;y �t7•�;e:i �,➢ �� :��; ��"�.� [7entola, fi'exas www.cityo�fde;��c>n.c�7m �C��a,N�� INI�(�6�1V��,"�'��N 5��±;�+.'I" ��1��It�TIVI�+J1�"��m �,�g�a1 C:li�/ ��C"i�i/ ��:I�✓I< T'��d I-��I��er► RPL A R XJa SIII�J�C�T 04/13/201 � Cansider adoption of' an ardinance af the City af I:7e;nton, 1 exas, a t,exas hame�rule municipal carparatian, to amend the City aF L7entan Cc>de Ordinances rclated ta Subsection (G)(4) (iZe�o1°din�; af' Votes) to include the re�arding of vat�s For each caunc;il membe;r within �11 city ardinances and resolutions. ��.�I��2C9iJl��i Durin� thc Coaacl�,�c�ing It�ms portzoz� of a previaus C;ity C�ouncil T7e�;ular Me�tin�„ � r�quest was inacl� l�y a C�uncil Memb�r tc� present a draft c7rdinance i:hat would �stablish the rc;corc�in� cr1'v�7tes �f�ar each council member within all city ordinances and resalutions. This requirement would be ir� ac�ditian to the current requirement to record such votes in the Mecting Mi.nuics. "I'he pz•oposed fa�•mat far recorc�ing the council nzembers' votes within the c7rdinances and z•esolutians �nirrors the infarmation c,urrently includea in the City's Meeting Minutes, including thc council membcr �•esp�>nsil�l� fc�r makin�;� tihe; mc�tir�n, th� �c>uncil m�mber that s�cc�nds the mc>tion, anc� a roll of vates ��r thc council. See Lxh'rbil l, attach�d hc;reta. Recammendations: *De;ny the praposed C;ity Coc�c revisions ta �Sectian Z-�9, as presented in the attachec� draft ordinance;or '��pp��ov�; th� City C;<�� re�visic�ns t:o �ection 2-29, �s pr�s��tec� i�a thc; ��tt�c,h�� da�afi orc�inanc�:, �.NI) apprav� tl��: i-arm and placument a('th� cauncil member votes as evic�enced in I;xhXbit l, 'l"he prapas�c� ardinance; has been i1�cludcc� a� E�t��bat l. Sznc;e thc c�rdiri�nce; amcu,n�s i�;ction 2-29 afthe; (�ity Codc� ("Council Ru1�s of I'rc�cc��urc'"), ��c;tian 2-29(b)(14) requirc.s thai any pro�a�sed am�nc��n�;nts ar new rules shall first be introduc�c� at a(�ity Councrl mee;tin�; and then ac�opted at � subs�;q�.i�nt City Council meetin�. "This a�•dinance was �7�•escnted and c�iscussed at th� April 10, 2018 Council Worlc �cssian Meetin�; and will now be pres�ntcd for C;ity Council's cansid�ratir�n anc� passihlc adaption at its April 17, 2018 Re:gular Meel:ixag. �XHITiITS Exhibit 1: Ordinance �xhibit 2: PowerPoint from previous April l Oth Work Session Meeting Respectfully submitted: Aaron Leal City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO AMEND TH� CITY DENTON CODE OF ORDINANCES RELATED TO SECTION 2-29 (CITY COUNCIL RIJLES OF PROC�DtJRE) SUBSECTION (G)(4) (RECORDING OF VOTES) 1'O INCLUDE THE RECORDING OF VO"rES FOR EACH COtJNCIL MEMBER WITHIN ALL ORDINANCES AND RESOLUTIONS; PROVIDING FOR A SEVERABILI"I,Y CLAUSE; AND PROVIDING FOR AN EFFECTIV� DAT�. WHEREAS, prior to adoption of this ordinance, Section 2-29(g)(4) provided that all votes taken upon passage of a11 ordinances and resolutions and ihe vote of council member were only recorded in �he minutes; and WHEREAS, researching City of Denton records for City Council's voting activity as related to the passage of ordinances and resolutions could be expedited by also recording the same votes within the ordinances and resolutions themselves; and WHEREAS, the City Council also directed that such voting records be memorialized within the ordinances and resolutions themselves; and WHEREAS, per Denton City Code, Section 2-29(b)(14), this ordinance was introduced atthe City Council's April 10, 2018 Work Session, where the City Council was provided with an opportunity to review and cominent on the ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OI' DENTON HEREBY ORDAINS: SECTION 1. Findings. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein. SECTION 2. City of Denton Code of Ordinances Section 2-29(g)(4) shall amended to read as follows: Section 2-29 (g) (4) Recording of votes: The yeas and nays shall be taken upon the passage of all ordinances and resolutions and the vote of each n�ember shall be recorded in the minutes and within each respective ordinance and resolution. (Charter, Section 2.06(b)) SECTION 3. Implementation Actions. Upon passage of all ordinances and resolutions, the City Secretary is directed to include the vote of each member within each respective ordinance and resolution. SECTION 4. Severability Clause. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or cii•cums�ances is held invalid by any court of competent jurisdiction, such holding shall not affcet the validity of the ren�aining 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 5. Effective Date. This Ordinance shall become effective iminediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by , the ordinance was passed and approved by the following vote �-�: Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, Dish•ict 4: Dalton Gregory, At Large Place 5: Sara Bagheri, At Large Place 6: PASSEll AND APPROVED this the day of , 2018. ATTEST: JENNIFER WALTERS, CITY SECRETARY IC I' � _ CHRIS WATTS, MAYOR APPROVED AS TO LEGAL FORM: AARON L�AL, CITY ATTOIZNEY , BY: c PAGE 3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-574, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas to amend Section 2-29 ("Council Rules of Procedure") of the City of Denton Code of Ordinances related to Section 3.B. items ("Receive Scheduled Citizen Reports from Members of the Public") of the City Council's regular meeting agenda; providing for a severability clause; and providing for an effective date. City of Denton Page 1 of 1 Printed on 4/13/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton - - " � City Hall ��,�,- � 215 E. McI<inney Street �� Dcnton, `Texas www.cityofdento�l.coin D�PARTM�NT: CM/ llCM/ ACM: llAT�: SUBJ�CT AG�NDA INFORMATION SHI:rT Legal Aaron Leal, City Attorney April 17, 2018 Consider adoption of an ordinance of the City of Denton, "Texas to amend Section 2-29 ("Council Rules of Procedure") of the City of Denton Code of Ordinances related to Section 3.B. items ("Receive Scheduled Citizen Reports from Members of the Public") of the City Council's regular meeting agenda; providing for a severability clause; and providing for an effective date. BACKGROUND On December 12, 2017, the City Council adopted Ordinance No. 2017-402 (Attached as Exhibit 1), which ordinance enacted a City Coininent Pilot Program for Section 3.B. Items of the City Council Regular Meeting Agenda. This pilot program was created so as to allow the City Council to ask questions of the spealcer and to engage in Council discussion. Specifically, the temporary trial ordinance provided the followii�g: 1. Allow the City Council to discuss Section 3.8. items; 2. Allow the City Council to aslc questions of each citizen speaker: 3. �111ow the City Council to request that a Section 3.B. item be further researched and presented by City Staff at a later City Council meeting; and 4. Modify the total tinze allotted for a Section 3.B. item to five (5) minutes, with three (3) of those minutes allotted to the citizen spealcer's presentation and two (2) minutes allotted to City Council questions and discussion. In addition, in order to comply with the Texas Open Meetin�s Act, temporary changes were made to the Council's Regular Meeting Agenda to include the above four items so as to provide the public with advance notice that questions and/or discussion may be had. Tinally, temporary changes were also made to Section 2-29(i)(4)a. l to re�flect the above lour iteins. The pilot prograin's trial period started January 1, 2018 and expired March 30, 2018. The pilot program seems to have worlced well for City Council and the general public. There have not been any issues encountered with the process. At a woric session held on April 3, the City Council directed that the Pilot Program be made perinanent via ordinance. The only changes to the draft ordinance presented at the work session was (1) to increase the time allotted to Section 3.B. citizen speakers from three (3) to four (4) minutes; and (2) to delete reference to the two (2) minute time limitation for City Council questions and discussion. A copy of the revised ordinance is attached as Exhibit 2. Also, a copy of the revised script of the Public Comment Introductory video is attached as Exhibit 3. AIS O4032018 I'age 2 STRATI+',GIC 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 At•eas (KFA): Orgaiuzational Excellence; Public Infrastructure; �conomic Devclopinent; Safe, Livable, and Family-Friendly Coinmunity; 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 �xcellence 1.3 Promote effective internal and external communication 1. Ordinance No. 2017-402 2. Revised Ordinance 3. Legal Script of Public Comment Introductory Video Respectfully subinitted: Aaron Leal City Attorney Prepared by: Toni Reedy Legal Administrator s:Alegal\our documents\miscella��eousU 8\ais-sce.3.b. �ublic comment pilot �rog 04032018.docx Exhibit 1 ORDINANCE NO. 2� 17�4�2 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO ENACT A CITIZEN COMMENT PILOT PROGRAM FOR SECTION 3.B. ("RECEIVE SCHEDULED CITIZEN REPORTS FROM MEMBERS OF THE PUBLIC"} ITEMS OF THE CITY COUNCIL REGULAR MEETING AGENDA; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A SUNSENT DATE. WHEREAS, at a City Council Work Session held on October 10, 2017, the City Attorney presented a report regarding the Texas Open Meetings Act ("TOMA"} as it related to Section 3.B. ("Receive Scheduled Citizen Reports from Members of the Public") of the City Council's Regular Meeting Agenda; and WHEREAS, during that presentation, the City Attorney explained to the City Council the potential TOMA legal issues concerning the wording of the Section 3.B, captions, which captions are drafted and turned in to the City Secretary for posting; and WHEIZEAS, the typical Section 3.B. caption wording is inconsistent with the custom the City uses to allow for the City Council to discuss and take action on the item, and thus could subject the City Council to a possible TOMA violation; arad WHEREAS, during the presentation a question was asked whether the City Council could ask questions of the speaker and engage in Council discussion, to which the City Attorney advised that they could if they amended Sectzon 2-29 ("Council Rules of Procedure") and the Regular Meeting Agenda so as to provide the general public advance notice that questions and/or discussion may be had; and WHEREAS, at the end of the City Attorney's presentation, the City Council directed the City Attorney to bring back an ordinance which would: (a) allow the City Council to discuss Section 3.B. items; (b} allow the City Council to ask questions of the citizen speaker; (c) allow the Cit� Co�cii ta request ti�ati a S��iib� 3.i�. i�ern'�e fu��iiei ��seai� ie ai� j�tcSEiitEti i'i"y' �iij' uiaii ai t�t t�i '� a later City Council meeting; and (d) modify the total time allotted for a Section 3.B, item to five (5) minutes, with three (3) of those minutes allotted to the citizen speaker's presentation and two (2) of those minutes allotted to City Council discussion; an.d WHEREAS, ihe City Council also directed that such ordinance would be implemented on a trial basis in the form af a"Citizen Comment Pilot Program" to determine whether to continue the Sectian 3.B. changes on a full-time basis; WHEREAS, per Denton City Code, Section 2-29(b)(14), this ordinance was introduced at the City Council's December 5, 2017 Work Session, where the City Council was provided with an opportunity to review and comment an the ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: S:\Legal\Our Uocumenls\Ordinances\17\CC Rules of Procedures - 12 l2 17.doc herein, SECTION 1. Findings. The foregoing recitals are adopted as findings of the City Council as though set forth fully SECTION 2. Effect on Contrary Provisions in Section 2-29 of the City Code. The provisions of the Citizen Comment Pilot Program shall supersede and prevail over any contrary provisions within Section 2-29 of the City Code for the duration of the Pilot Program. SECTIOI'�13. Citizen Comment Pilot Program. For the duration of the Citizen Comment Pilot Program, Section 2-29(fl(4)a.l, shall read as follows: Prior Registration. Any person who wishes to place a subject on the council agenda at regular council meetings shall advise the city manager's off'ice of the fact and the specified subject inatter which he or she desires to place on the agenda no later than 12;00 p.m. Thursday prior to the council meeiing at which he or she wishes the designated subject to be considered. Such reports shall be heard at the beginning af the regular meeting of the city council pursuant to an agenda posting allowing a period of public comment. Up to four (4) speakers per meeting wiil be assigned to speak at this forum. Each speaker providing a report shall speak for no longer than three (3) minutes. At the conclusion of each report, council may pose questions to the speaker concerning his or her report. Council may also engage in discussion concerning each report. The total time allotted to Council for posing questions or engaging in discussion for each report shall not exceed two (2) minutes. If the city council believes that a speaker's report requires a more detailed review, the council will give the city ii3aiia�ci Gi Ciiy Siaif uiTCC�lvi� t� ��c�Ce ii2� ,t�m on a fia*�are �x'(12'k S�eginn pT rPgi�l�r meeting agenda and advise staff as to the background materials to be desired at such meeting. SI,C;TIt)N �. Implementation Actions. The City Secretary is directed to modify Section 3.B. of the City Council's Regular Meeting Agenda to be in conformity with this Ordinance. The City Manager is directed to modify the video announcement that advises members of the public the procedures for addressing the City Council to be in conformity with this Ordinance. SECTION 5. Effective Date, That this Ordinance shall become effective January 1, 2018. SECTION b. Sunset Daie. PAGE 2 C:\Users\100896.CODAD1AppDataU.ocal\Microsoft\Windows\Temporary Intemet Files\Contcnt.0utiook\09VBVMRO\CC Rules of Procedures - 12 12 17.doc 2018. This Citizen Coir�nzent Pilot Progran� shall have no further force or effect after March 30, SECTION 7. Severability Clause. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. PASS�p AND APPROVED this the _�_� day of � -p // , 2017. � / � CHRIS , - OR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. ��' VF,D A TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: -,'"'G,-�-�,� -�-- PAGE 3 S:ALegall0ur pocun�ents\Ordinances\18\CC Rules of Procedures-Draft Ordinance Pennanent-04032018.dt�c EXn�b�t 2 ORDINANCE NO. AN ORDINANCE OF TI-iE CITY OF DENTON, T�XAS TO AM�ND S�CTION 2-29 ("COUNCIL RUL�S OF PROC�DURE") OF THE CITY OF DENTON CODE OF ORDIN�NCFS RELATED TO SECTION 3.B. ITEMS ("RECEIVF SCHEDULED CITIZEN REPORTS FROM MEMBERS OF THE PUBLIC") OF THE CI"TY COtJNCIL'S REGULAR MEETING AGENDA; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 12, 2017, the City Council adopted Ordinance No. 2017-402, which ordinance enacted a Citizen Comment Pilot Program so as to allow City Council to ask questions of the speaker and/or engage in Council discussion during scheduled citizen reports provided in connection with Section 3.B. of the City Council's Regular Meeting Agenda; and WHEREAS, Ordinance No. 2017-402 provided the following items: (a) allow the City Council to discuss Section 3.B. items; (b) allow the City Council to ask questions of the citizen speaker; (c) allow the City Council to request that a Section 3.B. item be further researched and presented by City Staff at a later City Council meeting; and (d) modify the total tinle allotted for a Section 3.B. itenl to five (5) minutes, with three (3) of those minutes allotted to the citizen speaker's presentation and two (2) of those minutes allotted to City Council discussion; and WHEREAS, the City Council also direc�ed that such ordinance would be irnplemented on a trial basis to determine whether to continue the Section 3.B. changes on a full-time basis; and WHEFZEAS, said Citizen Coininent Pilot Program commenced on January 1, 2018 and expired on March 30, 2018; and WHEREAS, the Council has detel�lined that the Citizen Comnlent Pilot Prograln has been a success and should be made permanent; and WHERE�IS, per Denton City Code, Section 2-29(b)(14), this ordinance was introduced at the City Council's April 2, 2018 Work Session, where the City Council was provided with an opportunity to review and comment on the ordinance; NOW, THEREFORE, S:1Legal\Our pocuments\Ordina��ce�s\18\CC Rules of Procedures-Draft Ordinance Permanent-0403201 b.doc T�-iF, COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 11e1"elll. STCTION 1. Findings. The foregoing recitals are adopted as findings of the City Council as though set forth fully SECTION 2. Amendment to Section 2-29 of the Council Rules of Procedure. Section 2-29(�(4)a.l. of �he Code of Ordinances of the City of Denton, Texas shall be ameilded in its entirety to read as follows: P�°zor Registi��ztion�. Any person who wishes to place a subject on the eouncil agenda at regular council meetings shall advise the city manager's office of the fact and the specified subject matter which he or she desires to place on the agenda no later than 12:00 p.m. Thursday prior to the council meeting ai which he or she wishes the designated subject to be considered. Such reports shall be heard at the beginning of the regular n�eeting of the city council puf•suant to an agenda posting allowing a period of public comment. Up to four (4) speaket�s per ineeting will be assigned to speak at this forum. F,ach speaker providing a report shall speak for no longer than four (4) minutes. At the conclusion of each report, council may pose questions to the speaker concerning his or her report. Council may also engage in discussion concerning each report. If the city council believes that a speaker's report requires a more detailed review, the council will give the city tnanager or city staff direction to place the item on a future work session or regular tneeting agenda and advise staff as to the background nlaterials to be desired at such meeting. SECTION 3. Implementation Actions. The City Secretary is directed to modify Section 3.B, of the City Council's Regular Meeting Agenda to be in conformity with this Ordinance. The City Manager is directed to modify the video announcement that advises members of the public the procedures for addressing the City Council to be in conformity with tlus Ordinance. SECTION. 4. Severability Clause. If any section, subsection, paragraph, sentei�ce, clause, phi•ase or wor•d in this ordinance, or application thereof to any person or circumstances is held invalid by any eourt of competent jurisdiction, such holding shall not affect the validity of the rernaining portions of this ordinance, and the City Council of the City of Denton, "I,exas, hereby declares it would have enacted such remaining portions despite any such ii�validity. PAGE 2 S:ALegal\Our pocuments\Ordinances\18\CC Rules of Procedures-Draft Ordinance Permanent-04032018.doc SI;CTION 5. Effective Date. �I�l1is ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2018. ATTEST: JENNIFER WALTERS, CITY SECR�TARY :_ APPROVED AS TO L�GAL FORM: AARON LE� L, CITY ATTORNEY r ,� � f , .. � BY: �_--,- �'"� �_ -��,°-r,�-� o,�� CI-�RIS WATTS, MAYOR PAGE 3 The Denton City Council has adopted rules of procedure including a code of conduct that applies to citizens as well as Council members. These rules were enacted to promote an orderly process and to preserve decorum. Here is a brief review of the rules that apply to citizen' reports. Citizens will have 4 minutes to give a scheduled citizen report and 4 minutes to give an "open mike" report. There will be an electronic bell when time has expired. If the remarks are not concluded by that time, the citizen will be asked to stop speaking. If the citizen does not cease, and a second request is made, the mayor will request to have the citizen removed from the council chambers. Citizens are asked not to approach the dais. If a citizen has papers or other materials to hand out to the Council, please let the City Secretary know. For scheduled citizen reports, the Council may initiate discussion or questions following each citizen report. For non-scheduled "open mike" citizen reports, the Councii may listen to citizens speak. However because no notice of the subject of the "open mike" report has been provided to the public in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal to place the item on a future agenda; a statement of factual policy; or a recitation of existing policy. Citizens are asked to direct all remarks and questions to the Council as a whole and not to any individual member. Please refrain from making abusive, personal, impertinent, profane or slanderous remarks. Anyone who violates this Council ru►e of procedure may be immediately removed from the Council Chambers. Thank you in advance. Copies of the rules of procedure are available from the City Secretary. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-577, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract# DIR-TSO-4025 for the supply of mobile digital computers (MDC) for Public Safety; providing for the expenditure of funds therefor; and providing an effective date (File 6718- awarded to CDW-G, in the amount of $93,936). City of Denton Page 1 of 1 Printed on 4/13/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton _ . City Ha11 �� 5 215 E. McKinney Street tiY �"� �� " Denton, Texas www. cityo fdenton. com DEPARTMENT: CM: DATE: SUBJECT AGENDA INFORMATION SHEET Materials Management Todd Hileman April 17, 2018 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract# DIR-TSO-4025 for the supply of mobile digital computers (MDC) for Public Safety; providing for the expenditure of funds therefor; and providing an effective date (File 6718- awarded to CDW-G, in the amount of $93,936). FILE INFORMATION Panasonic CF-31 Toughbooks are the mobile digital computers (MDC) used in the Public Safety vehicles. These MDCs are built to handle the 24/7 challenges faced by public safety. They provide the trusted platform to connect to mission-critical infrastructure allowing the Firemen and Police Officers to access up-to-date information needed while in the field. This purchase is for nineteen (19) MDCs to be installed in fleet replacements and additions as shown below in Fiscal Information. Technology Services obtained pricing from four (4) different vendors, three (3) of which are on the Texas Departments of Information Resources (DIIZ) Go DIIZect Program. The fourth quote is not on a contract. The lowest quote was submitted by CDW-G, from the Department of Information Resources (DIR) Cooperative Purchasing Network Contract# DIIZ-TSO-4025. Pricing obtained through the Department of Information Resources (DIR) Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. RECOMMENDATION Technology Services recommends awarding contract to CDW-G for the purchase in the amount of $93,936. PRINCIPAL PLACE OF BUSINESS CDW-G Chicago, IL ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval with completion date by July 30, 2018 FISCAL INFORMATION These items will be funded from accounts listed below, for a total of $93,936. Requisition #137846 has been entered in the Purchasing software system. The budgeted amount for this equipment is $3,000,000. Department Replacement New Vehicle # Vehicle Model Vehicle Funding Account Police/Operations PD 814 PD 1844 TAHOE, PPV 810321444.1355.3010 Police/Operations PD 816 PD 1845 TAHOE, PPV 810322444.1355.3010 Police/Operations PD 1003 PD 1846 TAHOE, PPV 810329408.1355.3010 Police/Operations PD 1005 PD 1847 TAHOE, PPV 810330408.1355.3010 Police/Operations PD 1007 PD 1848 TAHOE, PPV 810331408.1355.3010 Police/Operations PD ADD PD 1849 TAHOE, PPV 810315444.1355.3010 Police/Operations PD ADD PD 1850 TAHOE, PPV 810316444.1355.3010 Police/Operations PD ADD PD 1851 TAHOE, PPV 309801.8537 Police/Operations PD 906 PD 1852 TAHOE, PPV - K9 81033408.1355.3010 Fire/Prevention FD 832 FD 1861 1/2 Ton Crew Cab 810333408.1355.3010 Fire/Admin FD 619 FD 1862 1/2 Ton Crew Cab 810334408.1355.3010 Fire/Admin FD 827 FD 1863 1/2 Ton Crew Cab 810335408.1355.3010 Fire/Admin FD 729 FD 1864 Traverse 810336408.1355.3010 Fire/Admin FD 1081 FD 1865 Suburban, K9 810337408.1355.3010 Fire/Ops FD 127 FD 1866 Pierce Engine 810338408.1355.3010 Fire/Ops FD 727 FD 1867 Ambulance 810339408.1355.3010 Fire/Ops FD 1015 FD 1868 Ambulance (remount) 810340408.1355.3010 Fire/Ops FD 1016 FD 1869 Ambulance (remount) 810341408.1355.3010 Fire/Ops FD ADD FD 1870 Ambulance 810357444.1355.3010 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: 1.5 Utilize technology to enhance efficiency and productivity EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Comparison and Quotes Exhibit 3: Ordinance Respectfully submitted: Karen Smith, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Ben Trimble, 940-349-7981. � 3 Q � O (J m � 0 N � C0 C U .� 0 C N a w U 's / � � N N U � 3 a L � � � s � C O i+ � � i W � � n �O N LL � O O O O O O � � t0 O O O V1 c-I � o m �n a rn rn N p a a a O I� N .� O ¢ � O � N � � H � � � � C Nti' +�, � � W �i t/T t/T t/T t/T t/T � i N 0 � v O O O O O �� i a O O O V1 = a � � � � o � '� m � � � � � � � N W I� I� I� c-I �n G � V1 W O V1 V1 � � in � rn m o io 0 o a m a a o n -� � rn c� ti o � o �� Q � o � c.i vi � O � i � � +�. 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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, A TEXAS HOME-RULE MUNICIl'AL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THROUGH THE DEPARTMENT OF INFORMATION RESOURCES (DIIZ) COOPERATNE PURCHASING NETWORK CONTRACT# DIIZ-TSO-4025 FOR THE SUPPLY OF MOBII,E DIGITAL COMPUTERS (MDC) FOR PUBLIC SAFETY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTNE DATE (FII,E 6718- AWARDED TO CDW-G, IN THE AMOLJNT OF $93,936). WHEREAS, pursuant to Resolution 92-019, the State of Texas has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the State of Texas Department of Information Services Go Direct Program at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS: SECTION l. That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FII,E NUMBER VENDOR AMOUNT 6718 CDW-G $93,936 SECTION 2. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the State of Texas Department of Information Services Go Direct Program for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the State of Texas Department of Information Services Go Direct Program, and the purchase orders issued by the City. SECTION 3. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the State of Texas Department of Information Services Go Direct Frogram, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contrac� is in accordance with the terms, eonditions, specifications and standards contained in the Proposal subinitted to the State of Texas Department of Inforination Services Go Direct Program, quantities and specif ed sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2018. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY C APPROVLD AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-578, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Coleman & Associates Land Surveying, for Landfill Surveying Services as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6585- Professional Services Agreement for Landfill Surveying Services awarded to Coleman & Associates Land Surveying, in the three (3) year not-to-exceed amount of $300,000). The Public Utilities Board recommends approval (6-0). City of Denton Page 1 of 1 Printed on 4/13/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton _ . City Ha11 �� 5 215 E. McKinney Street tiY �"� �� " Denton, Texas www. cityo fdenton. com DEPARTMENT: CM: Date: SUBJECT Agenda Information Sheet Materials Management Todd Hileman April 17, 2018 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Coleman & Associates Land Surveying, for Landfill Surveying Services as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6585— Professional Services Agreement for Landfill Surveying Services awarded to Coleman & Associates Land Surveying, in the three (3) year not-to-exceed amount of $300,000). The Public Utilities Board recommends approval (6-0). RFQ INFORMATION As part of the Solid Waste department's landfill operating permit, the City is required to conduct routine land surveys and provide the resulting data to the Texas Commission on Environmental Quality (TCEQ) on a quarterly and annual basis. In addition, staff utilizes the survey information from these reports to ensure the efficient use of landfill airspace, meet operational goals, and monitor settlement of landfill cells. Historically, surveying services have also been used to determine new gas well locations, prepare as-built plans and provide required data for landfill cell construction. Request for Qualifications (RFQ) for professional surveying services were sent to 409 prospective firms for these services. In addition, the RFQ was placed on the Materials Management website forprospective respondents to download, and advertised in the local newspaper. Five (5) statement of qualifications (SOQ) were received (Exhibit 2). The SOQs were evaluated based on published criteria including identification and understanding of the City's requirements, past performance and experience, qualifications of key personnel, and schedule to complete tasks. Based upon this evaluation, the recommended award is to Coleman & Associates Land Surveying and is determined to be the most qualified firm for the City (Exhibit 2). Coleman & Associates Land Surveying, a locally owned business, has provided annual ground surveying services at the City's landfill since 1998. The firm's expertise, responsiveness, and knowledge of the City's landfill operation best aligns with Solid Waste operational and regulatory needs. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On Apri19, 2018, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Staff recommends the execution of the attached agreement for survey services with Coleman & Associates Land Surveying in a three (3) year not-to-exceed amount of $300,000. PRINCIPAL PLACE OF BUSINESS Coleman & Associates Land Surveying Denton, TX ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION The surveying services will be funded through the Solid Waste operating fund 660300.7879. The approved budget for the identified operating account this fiscal year 17-18 is $100,000. Requisition # 138138 has been entered into the Purchasing software system for the balance of this fiscal year's needs. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.3 Promote superior utility services and facilities EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Evaluation and Ranking Sheet Exhibit 3: Contract Exhibit 4: Ordinance Respectfully submitted: Karen Smith, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Ethan Cox at 940-349-7421. EXHIBIT 2 RFQ 6585 - Evaluation Sheet for Professional Landfill Surveying Services RANK 1 2 2 3 3 FIRM Coleman & Assoc. Arrendondo, Zepeda & Brunz Brittain & Crawford Barron-Stark Engineers RLG Consultin� En�ineers Understanding of City � Magnitude & 20 20 20 19 20 20 30 30 28 29 25 25 Qualifications Key Personnel (20%) 20 20 20 20 15 10 Schedule 30 30 30 30 25 30 Total 100 100 98 98 85 85 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 � ��„�s��;. ^' „ . � , � �, Docusign City Counci) Transmitta) Coversheet RFQ 6585 File Name Landfill Surveying and Mapping Services Purchasing Contact Rebecca Hunter City Counci) Target Date 3/Zo/ls Contract Value 300,000.00 Piggy Back Option No Contract Expiration Ordinance DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND COLEMAN & ASSOC. LAND SURVEYING (CONTRACT 6585) THIS CONTRACT is made and entered into this date , by and between Coleman & Assoc. Land Survevin� a corporation, whose address is 725 S. Locust St. Denton, Texas 76201, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Supplier shall provide products and/or services in accordance with the City's document RFQ 6585- Landfill Survev Services, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) (b) (c) (d) (e) �� g) (h) (i) Special Terms and Conditions (Exhibit "A"); City of Denton's RFQ 6585 (Exhibit "B" on File at the Office of the Purchasing Agent); City of Denton Standard Terms and Conditions (Exhibit "C"); Insurance Requirements (Exhibit "D"); Certificate of Interested Parties Electronic Filing (Exhibit "E"); Contractor's Proposal (Exhibit "F"); House Bill 89 Verification (Exhibit "G") Senate Bi11252 Certification (Exhibit "H") Form CIQ — Conflict of Interest Questionnaire (Exhibit "P'); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. CONTRACTOR DocuSigned by: BY: �^^ . I ` 1 ' �o ��o... AUTHORIZED SIGNATURE 3/1/2018 Date: William M. Coleman, R.P.L.S Name: CEO Tltle: 9405658215 PHONE NUMBER wcoleman@colemansurveying.com EMAIL ADDRESS 2018 - 319749 TEXAS ETHICS COMMISSION CERTIFICATE NUMBER CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: :• APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY DocuSigned by: (,a�V'V'� r,b�,�,tS{�t-V' B 1 • 38A6D90FD93B4AB_._ Contract # 6585 TODD HILEMAN CITY MANAGER Date: DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 Exhibit A Special Terms and Conditions 1. Total Contract Amount The contract total for services shall not exceed $300,000. Pricing shall be per Exhibit F attached. 2. Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one-year periods. The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date in accordance with the provision of the section titled "price adjustments", or the section(s) titled "termination." At the sole option of the City of Denton, the Contract may be further extended as needed, not to exceed a total of nine (9) months. Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 Exhibit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton's contract are applicable to contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the seller's proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and sections 9, 10, 1 l, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the City's premises or on public rights-of-way. l. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Contractor's name and address, (b) the City's name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non-conforming deliverables. If the City has the right to inspect the Contractor's, or the Contractor's Subcontractor's, facilities, or the deliverables at the Contractor's, or the Contractor's Subcontractor's, premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Contractor's obligations under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and others on or near the City's facilities. 10. WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property . i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.). 12. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department's Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor's name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor's invoice. C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of: i. delivery of defective or non-conforming deliverables by the Contractor; ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the term of this contract, the contractor shall bill and the City shall reimburse contractor for all reasonable and approved out of pocket expenses which are incurred in the connection with the performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated. Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 15. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY-PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables, or replace the non-conforming deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City. 22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City's rights under this section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party's intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post- judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City's vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm sha]1 procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance sha]1 be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverage's and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor's and all subcontractors' insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract. xiv. The insurance coverage's specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse affect on the Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-counsel on the City's behalf. Further, Contractor agrees that the City's specifications regarding the deliverables shall in no way diminish Contractor's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City's and/or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Confidential Information"). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City o� all worldwide right, title, and interest in and to such deliverables. With respect to such work made- for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work- made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 any agent or representative of the Contractor to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of Interest Questionnaire. 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income taY, withholding, social security taYes, vacation or sick lea�e benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor sha]1 perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subj ect matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator's fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter l, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City: New Year's Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year's Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON-SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person sha]l, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 The following federally funded requirements are applicable. A. Definitions. As used in this paragraph — i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means- (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. l0a - lOd) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taYes are the responsibility of the respondent. 59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis-Bacon Wage Determination at 11��://www.dc�l.�c�v/w11d/cc�il�rac�s/dbra.11�� and at the Wage Determinations website www.wdc�l.�c�v for Denton County, Texas (WD-2509). 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 must comply with all applicable laws at all times, including, without limitation, the following (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on- site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers' Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. 65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. RFP/Bid documents 3. City's standard terms and conditions 4. Purchase order 5. Supplier terms and conditions Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 Exhibit D INSURANCE REQUIREMENTS AND WORKERS' COMPENSATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comp/y with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, 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 Company 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 shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: ■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. ■ Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 • Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comp/y with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 500 000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned hired and non-owned autos. [X] Workers' Compensation Insurance Contractor shall purchase and maintain Workers' Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a$500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation Commission (TWCC). [] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a$1,000,000.00 aggregate. [] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Environmental Liability Insurance Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract. [ ] Riggers Insurance The Contractor shall provide coverage for Rigger's Liability. Said coverage may be provided by a Rigger's Liability endorsement on the existing CGL coverage; through and Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Rigger's Liability Coverage form. Said coverage shall mirror the limits provided by the CGL coverage [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a"blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 ATTACHMENT 1 [X] Workers' Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 Exhibit E Certif'icate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be repuired to furnish an ori�inal notarized Certif'icate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: l. Log onto the State Ethics Commission Website at : 11��t�s://www.��lucs.s�a��.�x.us/w1la�sn�w/�lf infc� fc�r�n1295.11�� 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Sign and notarize the Form 1295 6. Email the notarized form to t�urcllasin�(c�ci c�fd�n�c�il.cc�� with the contract number in the subject line. (EX: Contract 1234 — Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. Contract # 6585 DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 EXHIBIT F +Cc�l�r��rl �z. As�c�c. ��.ric� S�u.rv�y�� I'.(). 13r�x Fa�ifi I)c�a��z�, `J�c:��.r� 7(i`�1)2 Il'h��ie (� t(b) afi,r �`>V.i 'I'�`av: (S)a,0�,).ifit� !'�J£i�afa Denton Landfill Estimated Annual Surveying Fixed Costs 2018-2021 Quarterly Reports: 2018 2019 2020 2021 Landfill Volumes Ce114/5 Cell 3B Cell 3B Cell 3B December (Paid: $g 000 $6,250 $6,500 $6,750 Includes Cell 1) March (Cell 3B extra?) $6,000 $6,250 $6,500 $6,750 June (Cell 3B extra?) $6,000 $6,250 $6,500 $6,750 September (includes $� 500 $7,750 $8,000 $8,250 Annual Report all cells) ANNUAL TOTALS $27,500 $26,500 $27,500 $28,500 Annual Settlement 2018 2019 2020 2021 Cells l, 2 3A, & 4/5 �active �active Inactive Inactive Cells ANNUAL TOTALS $12,000 $12,250 $12,500 $12,750 TOTAL ANNUALLY $39,500 $38,750 $40,000 $41,250 Note: All figures are estimated from Cell 4/5 and could change due to unforseen circumstances such as multiple cells. Italics indicate possibility of extra charges based on deposition in different cells DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 I�/:II:��r� �r��.�� .As�r�c�. � ��n�� S��rv�yi�� .� �. a��>�: rar�� 1)e��tGanu, `l'e;,:.�s 7fi`�"(�2 t'�i4�iy�° (�)a�(�}.'a('�.i-t��1;i �`r�;� ��lU),��(r5-t��)�3O�) 2018 Item Price List for Additional Landfill Surveying Services* Clerical Services Field Crew (fully equipped) 1 Man Field Crew 2 Man Field Crew 3 Man Field Crew RPLS RPLS-Registered Professional Land Surveyor/GISP S.I.T. Surveyor-In-Training Expert witness in court $ 45.00 $ 155.00 $ 170.00 $ 185.00 $ 145.00 $ 115.00 $ 250.00 Technician GIS - Survey Technician $ 80.00 Senior Survey Technician $ 95.00 *Rates subject to change DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 Exhibit � House Bi1189 - Government Code 2270 VERIFICATION I� Wi 11 i am M. Col eman , R. P. L. S , the undersigned representative of Coleman & Assoc. �and Surve��npany or Business name (hereafter referred to as com�an�), being an adult over the age of eighteen (18) years of age, verify that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with City of Denton. Pu�suant to Section 2270.001, Texas Gove�nment Code: 1. "Boycott Is�ael " means �efusing to deal with, te�minating business activities with, o� othe�wise taking any action that is intended to penalize, inflict economic ha�m on, o� limit comme�cial �elations specifically with Is�ael, o� with a pe�son o� entity doing business in Is�ael o� in an Is�aeli-cont�olled te��ito�y, but does not include an action made fo� o�dina�y business pu�poses; and 2. "Company" means a fo� p�ofit sole p�op�ieto�ship, o�ganization, association, co�po�ation, pa�tne�ship, joint ventu�e, limited pa�tne�ship, limited liability pa�tne�ship, o� any limited liability company, including a wholly owned subsidia�y, majo�ity-owned subsidia�y, pa�ent company o� affiliate of those entities o� business associations that exist to make a p�ofit. William M. Coleman, R.P.L.S Name of Company Representative (Print) DocuSigned by: �M . � . Sigr��'�8��ompany Representative 3/1/2018 �ate DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055 Exhibit H Senate Bi11252 -Government Code 2252 CERTIFICATION I William M. Coleman, R.P.L.S � the undersigned representative Of Coleman & Assoc. Land Surveying (Company or business name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Denton's Materials Management Department. William M. Coleman, R.P.L.S Name of Company Representative (Print) DocuSigned by: i�'1 T .Q-- _'"_-� Sig ��mpany Representative 3/1/2018 �ate DocuSign Envelope ID: 5AC5BAOF-F8A2-4370-8776-7D5FBFD09055EXHIBIT I Calen�a�z & flssoc. I.�r�rlcl Surveyir7�; SOQ f��r C,iC�y of� Dct�Yor7 Landfill S��i•vey Services � .' �C.�1°�tFL,I�C'T' �1►F I1�'�'EF�E�'T' d�iUE�TICJI'��AI�� For vendc�r or otl�er erson doir� b��sirress witl� loc�tl over�arr�erltal entit This c�uestion�zaire reflects chan�es n�acle to tt��* law by I-I.[i. 23, �4tkr Leg., Ite�ul�rr �essi�n. F(:�I�1V� �I(�i 'I"his questi�atl�7aire is bein�; filed in accordar�ce with Chapt�eX� 176, I,�ac�1 Ciaverilmet7t Code, by a vend�r• wha I�as a L��sirless re;lat�iorYsl�ip as dcfined l�y 5�etic>n 176.001(1-a) witl�� lo�:al gc7vern�nental �,ntity �nci t�l�e vend��r tneets rec�uirements ul��der SecCion 17G.006(a). i�y law this questic�nn�iir�; musC� k�e f'tled witl�i the rec�rds adi�niilistratc�r �f tlte local governi�77er�t er�tity »at later Cl��n tl�ie 7C�1�� business day a�tter the clate thc vendor l�ecc�nies aware �f facts th��t rec�uir�, the staiEnl�;rlt t� l�e �(�ilecl. Sc� Secti�n 176.OU6(a-1), I.,oc,al Goverrlm�nt Cc>cie. A ver�ci�r• cor��tnits a» crffense i�fthe venclar kncrwin�;ly violates Secti��n 176.006, Lact�l Governri�ent Cocle. An ��ffense ��u�ider tl�is section is � rnisdetneanor. Nai��e of'vendor wi�o I�7w ,a bt�siness r�latior�sl��i�� wittr local governmental er�City. �OL�IIIc�ri c� l�1SSUC. �.s�ilt� �UI'V4�1I1� ❑ C:h¢cic Chis bcix ii' yoa �t�•e �iling ,�n wE�datc to s�► previoawly filed numstii��trire. ('1'hE la�u requi��es that you �le an upclated c�'�mpl�ted c��estionry��ire wit�h the �ppi�opri��atc #iling t�a�Athority t�at Ir�ter thzrn tlie 7`f' t�usin�t;s ci�ay �f'ter tl��e ��late c�n wl�7ich vc>t�i becaroe aware d1aC tl�� ori�inally 4ilec� q��cstic�m��ire was uico�n�lct� c�a• in��ecurate.) Name of local g�rvernme��t �fticer aboi�t wh��a Che inftr��mati�n in this sect�ibn is t�ei��? cli!3closecl. I)iIVICI �U��4'.i" Name of C7fiiccr Thi� section, (item 3 iilcluaing �;ubparts F1, F3, C" c4c L)), n�u�C be cumplctccl fctt• ezoh office�° witl� whom the venc3c>r has a» emE7laym�nt or oth�r l7usiness r�laCic�nsl�i� ��s clefineci by SecCic>n '17C�.O01(1-a), I.c�cal Cic>vernmrnC C<aae. ACt�aeh acldiCional pages tu tl��is I�orin Cl(� as r�eeesyar•y. A. Is the loctrl ��v�r»mci�t ot'fie�;r narned in tl�us s�ctic�n receivu�iK ar lilc�ly Co r�ceive tt�xabl� incu�nc, �'>t}�cr than irivesti��ei�t' income:, fi�a�rr tt�rs vencloi'? � Yes No J3. Is tha vendt�r rece;ivin� or likely fo receivc* laxable incoi7lc, �thcr th�n inv�sUnent iriccnne, fr��m ur �t tl�ie <�lir�ctian pf� [hc I�>cal govert�u�nent of"ficer n�tm�d ii�� ehis s�etion AND Che tt�axnbl� income is not reccived fi•om the local �;overYiment�l cntity? a � �r�� r��> C. Is th� 1,iler of this �{u�;sdnni��zire ei�n��lc�yecl by �� corpciraCicna c�r otl�cr busil7�s� antiCy witl� r�specY t� which t,l��e 1<acG�al ��">vernment afficer �erves as an of'�icer c�r ciircctor, <�r l��olcls a�7 own4rslv� o�f onE ��ercer�t or rr�t�re`l t---•-� Yes No D. I)escriL7e each en�ployrrl�nt or b�Gtiincss anci family relati<�n:;hi� wiCl�� thc l�>cal gov�rrvmci�t ci1�`ficci• named in tl�vw sccCicrr�. �.�li� (�� t1i0li �.ililC'��111 contact person for cuz�rent and past contracts. ❑ l I�ave �io Co��t7ict ut"Interest to disclose. ur� c�f'vencic�r �iiiiri� b��isinesti with thc governmental eritity �� Date SC7C� 65f�5 - Maii1 llocum�;nt P��z�;c 22 o�t"�3 Certificate Of Completion Envelope Id: 5AC5BAOFF8A2437087767D5FBFD09055 Subject: City Council Docusign Item - 6585 Landfill Survey Service Source Envelope: Document Pages: 37 Signatures: 4 Certificate Pages: 6 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTG06:00) Central Time (US & Canada) Record Tracking Status: Original 2/28/2018 8:50:51 AM Signer Events Jamie Cogdell jamie.cogdell@cityofdenton.com Senior Buyer City Of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign William M. Coleman, R.P.L.S wcoleman@colemansurveying.com CEO Coleman & Assoc. Land Surveying Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 3/1/2018 11:09:17 AM ID:d9e507c4-06b3-41e4-ac65-7a4bbd5c96b9 Larry Collister larry.collister@cityofdenton.com Deputy City Attorney Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/26/2017 2:27:28 PM ID:01f5f868-f109-4e29-ad49-21db9046c882 Rebecca Hunter rebecca.hunter@cityofdenton.com Assistant Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman todd.hileman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Holder: Jamie Cogdell Jamie.Cogdell@cityofdenton.com Signature � pl�t� Using IPAddress: 129.120.6.150 DocuSigned by: ��4ADDA6� 4D0... � Using IPAddress: 47.32.197.31 oo��s�yoea ny: � Ca(�sf�r 38A6D90FD93B4AB... Using IPAddress: 129.120.6.150 ��, � �� Status: Sent Envelope Originator: Jamie Cogdell 901 B Texas Street Denton, TX 76209 Jamie.Cogdell@cityofdenton.com IP Address: 129.120.6.150 Location: DocuSign Timestamp Sent: 2/28/2018 9:10:04 AM Viewed: 3/1/2018 10:03:05 AM Signed: 3/1/2018 10:06:36 AM Sent: 3/1/2018 10:06:40 AM Viewed: 3/1/2018 11:09:17 AM Signed: 3/1/2018 11:14:58 AM Sent: 3/1/2018 11:15:02 AM Viewed: 3/1/2018 1:27:47 PM Signed: 3/1/2018 1:32:40 PM Sent: 3/1/2018 1:32:43 PM Signer Events Accepted: 7/25/2017 11:02:14 AM ID:57619fbf-2aec-4b1f-805d-6bd7d9966f21 Jennifer Walters jennifer.walters@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Rebecca Hunter rebecca.hunter@cityofdenton.com Assistant Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri Thurman sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Robin Fox Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Bridges jennifer. bridges@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature Signature Status Status Status Status Status Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 3/1/2018 11:15:01 AM Sent: 3/1/2018 11:15:01 AM Carbon Copy Events Status Timestamp Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Ethan Cox ethan.cox@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Envelope Summary Events Envelope Sent Signature Status Hashed/Encrypted Timestamp Timestamps 3/1/2018 1:32:43 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: William M. Coleman, R.P.L.S, Larry Collister, Todd Hileman ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your pocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. 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By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIl'T OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, A TEXAS HOME-RULE MUNICIl'AL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH COLEMAN & ASSOCIATES LAND SURVEYING, FOR LANDFII,L SURVEYING SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTNE DATE (RFQ 6585— PROFESSIONAL SERVICES AGREEMENT FOR LANDFII,L SURVEYING SERVICES AWARDED TO COLEMAN & ASSOCIATES LAND SURVEYING, IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $300,000). WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed contract are fair, and reasonable, and are consistent with, and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into a professional service contract with Coleman & Associates Land Surveying, to provide professional ground surveying services for the City's landfill, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under RFQ 6585 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2018. CHRIS WATTS, MAYOR ATT�ST: JENNIFER WALTF.,RS, CI"I'Y SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY A"I'TORNEY BY: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-580, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Agreement with the Argyle Independent School District (ISD), under the Government Code, Chapter 791, to authorize City of Denton contracts for the purchase of various goods and services including light duty vehicles; authorizing the expenditure of funds therefor; and declaring an effective date (File 6754-Interlocal Cooperative Purchasing Agreement with the Argyle ISD). City of Denton Page 1 of 1 Printed on 4/13/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton c�� xall 215 E. McKinney Street "�'�`� � � Denton, Texas t�� iu��uui�i�uuui�il�� --�� www.cityofdenton.com DEPARTMENT: CM: DATE: SUBJECT AGENDA INFORMATION SHEET Materials Management Todd Hileman April 17, 2018 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Agreement with the Argyle Independent School District (ISD), under the Government Code, Chapter 791, to authorize City of Denton contracts for the purchase of various goods and services including light duty vehicles; authorizing the expenditure of funds therefor; and declaring an effective date (File 6754-Interlocal Cooperative Purchasing Agreement with the Argyle ISD). BACKGROUND Chapter 791 of the Texas Government Code, to enter into joint contracts and agreements for the performance of governmental functions and services including administrative functions normally associated with the operation of government such as purchasing of necessary materials and supplies. The attached agreement is an authorization for the City of Denton to participate in contracts awarded by Argyle ISD and for Argyle ISD to participate in contracts awarded by the City of Denton. The contract will remain in effect until terminated by either party. This agreement will allow both entities to utilize contracts for goods and services competitively solicited by the other party to the contract. The solicitation process followed by both entities meets all statutory procurement requirements. Upon approval, Argyle ISD intends to utilize the City of Denton's contract for Light Duty Vehicles (RFP 6577) awarded to James Wood Autopark. RECOMMENDATION Approve an Interlocal Cooperative Purchasing Program Agreement with the Argyle ISD. PRINCIPAL PLACE OF BUSINESS Argyle ISD Argyle, TX ESTIMATED SCHEDULE OF PROJECT This Agreement is effective upon approval by the City of Denton and will remain in effect until terminated by either party. FISCAL INFORMATION Each future acquisition, based on this agreement, will follow the City of Denton fiscal verification policy and be charged to the appropriate budget account. 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 3.3 Promote a business-friendly environment Exhibit 1: Agenda Information Sheet Exhibit 2: Interlocal Cooperative Agreement Exhibit 3: Ordinance Respectfully submitted: Karen Smith, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Karen Smith, 940-349-7100. S:\t�aterea�s Ivlarw�y;eR�be;r7tt�liC�°►E�63Ci3s, R�"�"s �'c (;arrtrautst600()...fi9�)\Fr75�-�rat�;slcac�l Agseer�xe;aat wstNi �.rgy`Ie 151)\�'ANe �r75�- �uat��Ncr�:al �r�op9�rat's�� P�ur�cks�san� ��r�s;��aecerP.doc INTERLOCAL COOPERATIVE PURCHASING AGRE�M�NT BETWEEN ARGYL� ISD AND CITY OF DENTON, TEXAS STATE F TE S COUNTY F ENT N THIS AGRE�MENT is rnade on the ....IT.....W...n.n,...,__ day of ........... ....._rc..�� 201$, between the City of Denton, and Argyle ISD; jointly referred to herein as "parties". WHE AS, the respective parties are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services including administrative functions normally associated with the operation of government such as purchasing of necessary materials and supplies; WHE AS, it is the desire of the aforesaid parties to comply with and further the policies and purpose of the Interlocal Cooperation Act; WHEREAS, the parties cannot normally abtain the best possible purchase price for materials and supplies acting individually and without cooperation; and WHEREAS, it is deemed in the best interest of all parties that said gavernments do enter into a mutually satisfactory agreement for the purchase of certain materials and supplies; WHE AS, the parties, in performing gove ental functions or in paying for the performance of gove ental functions hereunder shall make that performance or those payments from current revenues legally available to that party; NOW, THEREFOR�, the parties hereto, in consideration of the mutual covenants and conditions contained herein and pursuant to the authority permitted under the Interlocal Cooperation Act, promise and agree as follows: The purpose of this Agreement is to authorize the parties mutual participation in various contracts for the purchase of various goods and services. Participation in this cooperative program will be highly beneficial to the taxpayers of the participating parties through anticipated savings to be realized. This Agreement shall be in effect from the date of executian until terminated by either party to the agreement. .� �..� . ' �. - - . � i �� . � � -� -�� - -• ,• .. _ , �-�- r- • ; . - . � . . . � � � --� , � . . . . . . . . t -�: - �. �� ,�. . � � �.,. � �# . . • - � . � _ . �' -, r. - r� � - � � . � • �'. .. . .� *. . , w w--� . � � * - � .�- � " • * '' � � . . � . � # ��r- . . • . '� � . �• - � : -- - �• . -r . • •. . '. _ . � . ' •. •. + - _ � . � - � . � •' ' � � . � �� . . . . � .�� - - , � . ._� •. �. � •. - � -r • . . :' � ' •� �' . _ ' , , � � . # . ,. -- - . • ' ' . �. �. . •. � + -� • , • . , r + • � � • •• . � . � ,, .. . � � . t � •' . � � .,. _ .� �- . , -� . - # ,' .� . _ , - ♦ . � . � � � � . � • . � . ' �� - , s � r ., ,. . � • •� �• �♦ , •� , . � � .# ' ' �. �'� � . i"; � . * # +* IV. Purchase of Goods and Services ' • ��'� . � _ . � . ' �- �� -� . � �'. - �# • -� _ +� - * • •. . • � . � � �' ' • w�� . . _ r- .r - � r . - # � - w . .� -• • - � - _ _ � - . � _ , - ' - •- . � . w - • ��'- . -• 'w' - ' w ��. � _ . ,, : . � .. _ � • . R� . . . , - - � ,� . � � � �- : �' • •� . � - • •�� .• -. _ �- � • . _ •� � . � ' . _ _ • �w. � � �r- .' � -� •. � - � . �-- -r .� . .+-� • s• ., ` File 6754 ` ► � ' �. .;. * . . '. ! 4 . ��, ' � R �'�. � ' ��'. : � � � * r „� • _ � ` � . ��,... ♦ ! ! ��. � � .. � � ' ' ' . . .. ' ` •. . �.' '. , . ' '. ;... . . . ) ' � ,, , !,. � . ...,. + ��. • . . � . f " . ! ^ .,,. � . .. . � i �. ! ' ! � �.... • 1 ;:: , w . ' . .::: • ! . .; �'...... 1 � # ' `�' '� •�� ,� . ! !' 1"' ' - ! • �� _, .. . ' r(��,� ,�1 1 +� � .. � � �. �: • . �� . +�. ' ! . `� • ' � � ..�,. � " ! � � ` �� r • � '� � � ' • ,.... 4 �� . l,.. • .. — �':.A!'" ' il. •�'; � f.. E... ''. . . '... � � '�..� 1 • ' l�.. i ... . ',, 1 � ! ' '.:� 4 ...,' i � � ,., � - . � ' '..... + �, . ' ��.. � ! • -.. �. i �.,.... 4 . �� ' � ! . ! � � ' � ' � ' •'��. • . # � ' , � . � �� • . �' • . ' + ,. � ',,. �1� ,. f " � ��'... r �. . "' �• � . .. - ' �. . `. ,. � " ��. 1 ,:. � ' ' '. • � �". ' ' '.: ` ` 4 . ' w .. * '... i # .... _ ' ,:. ' • 1'��. �' 1 , .: 1 .... � ' . . � �,... _ ., . . i � � ,µ� . � �^p �� .. „ �' a �� .. ✓ "� .� �.� _ .... .....e_ By: ATTEST: JENNIFER WALTERS, CITY SECRETARY : APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY : I. •�. .�:�.�— ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, A T�XAS HOME-RULE MUNICIPAL CORPORATION, AtJTHORIIING THE CITY MANAUER TO EXECUTE AN INTF_,RLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE ARGYLE INDEPENDENT SCI�OOL DISTRICT (ISD), UNDER THE GOVERNMENT CODE, CHAPTER 791, TO AUTHORIZE CITY OF DENTON CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES, INCLUDING LIGHT DUTY VEHICLES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 6754-INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE ARGYLE ISD). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute the Interlocal Cooperative Purchasing Agreement with the Argyle ISD under Section 791 of the Local Government Code, a copy of which is attached hereto and incorporated by reference herein (the "Agreement"). SECTION 2. The City Manager or his designee is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SEC"�l ION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton uilder File 6754 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of CHRIS WATTS, MAYOR 2018. ATTEST: JENNIFER WALTERS, CITY SECRETARY � APPROVED AS 1�0 LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-581, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract through the Buy Board Cooperative Purchasing Network Contract Number 515-16 for the purchase of two (2) replacement 2018 model Trench Rollers for the City of Denton Wastewater Collection Department; providing expenditure of funds therefor; and providing an effective date (File 6774- awarded to Kirby-Smith Machinery Inc., in the amount of $63,250). The Public Utilities Board recommends approval (6-0). City of Denton Page 1 of 1 Printed on 4/13/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton city xall � �.�,�, �� 215 E. McKinney ��'��F�� Street Denton, Texas DEPARTMENT: CM: DATE: SUBJECT AGENDA INFORMATION SHEET Materials Management Todd Hileman April 17, 2018 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract through the Buy Board Cooperative Purchasing Network Contract Number 515-16 for the purchase of two (2) replacement 2018 model Trench Rollers for the City of Denton Wastewater Collection Department; providing expenditure of funds therefor; and providing an effective date (File 6774- awarded to Kirby-Smith Machinery Inc., in the amount of $63,250). The Public Utilities Board recommends approval (6- 0). BACKGROUND This purchase request is for two (2) trench rollers for the Wastewater Collection Department that was approved as part of the 2017-2018 Fiscal Year budget. One trench roller will replace a 2014 unit that has accrued over $20,900 in lifetime to date maintenance costs. The second unit is a replacement for a 2015 trench roller that was damaged extensively in an accident. Both existing trench rollers will be auctioned after delivery of the new units. Fleet staff obtained four (4) quotes from prospective suppliers of this type of equipment (Exhibit 2). Three (3) quotes are from a cooperative contract, and one (1) is not on a contract. All offers provide an extended five (5) year warranty which covers all parts and labor. The lowest quote was submitted by Kirby-Smith Machinery, Inc., on Buy Board Cooperative Purchasing Network Contract #515-16. Pricing obtained through the Buy Board Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On February l, 2005, Council approved the interlocal with the Buy Board Cooperative Purchasing Network (Ordinance 2005-034). On Apri19, 2018, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Award a contract for the purchase of two (2) 2018 model Trench Rollers, in the amount of $63,250. PRINCIPAL PLACE OF BUSINESS Kirby-Smith Machinery, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT Delivery of the trench rollers will occur within 30 days after receipt of order. FISCAL INFORMATION One trench roller will be funded from Wastewater Collection Department account 645082645. The trench roller replacing the damaged unit will be funded from account# 645087645. Requisition #138008 has been entered into the Purchasing software system in the amount of $63,250.00. The budgeted amount for each piece of equipment is $40,000 and $35,000. 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 financial resources in a responsible manner Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Comparison & Quotes Exhibit 3: Ordinance Respectfully submitted: Karen Smith, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Terry Kader at 940-349-8729 � c � o 0 — �n o � � m v C � � p N � � N n � C X U � � � � � � ~ � X � vi +� t/� � Vf � � O �- +' 0 U }' O U � O i11 ±� N 0 U � � +� � � m C m � .� � � m Y Cp t/} O O OD -p O O jp O � O f0 %� V 0 ^ � I� � � f0 � l0 z V l0 0 � w +�+ C Lfl � j U t/� i1 iA +-' � .--� ro ' U ++ � O � O LL z � m U O a.r �f1 �C m > m � T � � `� W U o�0 �fl ci � �1 +�+ 0 X N 0 U X � H � � � � +' H rp c u c � v N � � o c � � v o v �- 7 U � .� w � N z w ro U O � O ++ �fl U Q m � � � � � O O C � T �fl +�+ O � � N v �x o � � � X V H l0 W � l0 � � N d — U i c f0 uj y+ t/} C �/i � � o m t io U 0 a0 0 O � cn � U N � � m ++ lO m ? C c-i Y Cp � m t/� `p v�i U -p N � C � ++ N ��n C � m U O j �t U ro O T � N d Q Q i O i �' �0 0 u m Q U � i W .� Q � � � d O +�+ � � U y.T� t � � U 7 � c c � m � � � � � I °' I I °' �� yl�lc�lm �RBY ITH� m�,m�. � M A IG H 1 NI E H Y� 1 M C.� 03/20/2018 Quote #: sgieser-1536 Brad Holland Terry Kader CITY OF DENTON 901 B Texas Street Denton, TX 76209 Dear Brad and Terry: The Autia�rrity in Canstructron, Pavinc� and Crar�e E'guiprr�ent v��aaemkir��sr�r6YB�,�c�� We are pleased to quote the following for your consideration: REVISED 3/23/18 With BuyBoard Pricing Other Kirby-Smith Machinery equipment--BOMAG BMP 8500 2018 model w/ 0 hours, The following Factory and Dealer Options are included in the package: • 33.5/24 in, 3622 Ibs, 8000/16000 Ibs (articulated, extensions) • Scraper set 33" • Please review the attached brochure. To be purchased through the BuyBoard Cooperative. Contract #515-16 Contract price is $33,289.00; Less cobtracr discount of 5% (-$1,664.00) New net selling price is $31,625.00. Price Complete; Deliveed: Two units: $63,250.00, $31,625.00 ��'��"� ��M��"��;�� : �;��^ ��"��"�N ��"��. ��"��;�� ^�"� �� b��"�"��"��"��"� ��"��"��: ��"�"N�� I�� ""�:� ��"��/��^�""�w ��""�I��'; �;�ql��" ��b��: ��"�J' ��"��""�N �J'��" �ql��/��" ��V��:��"I��;�� b�""��V�/��"� m��V��"�""wgy ��"��"� ��"�� "�"��: ��:� �"��"�� "�"N�� www��: �� :� We believe the equipment as quoted will exceed your expectations. On behalf of Kirby-Smith Machinery, Inc., thank you for the opportunity to quote Bomag machinery. Sincerely, SOL G/ESER Governmental Sales Manager 214-371-7777 817-475-6544 sgieser@ki rby-smith.com *Subject to all applicable taxes. 'This proposal is good for 30 days & subject to availability.'* �� u� �� ,^,��u��ir� � � ��., � �� u��ir�,, I� �� . �� . �� Ill�:lll��llhu��m�r��m�;�r'�°�"��illl��'��IIIIII��'��<��m��;��m��;llhu'�.��mlll�:^mw�^'�.�.m�r��m� llllll��'�N��i�°��:°III�:'��r��^��'�°'�� N.��i"�,� , m �` m � m�.� N��mw�� BuyBoard Quote ASSOCIATED SUPPLY COMPANY, INC. THE FOLLOWING DETAILS SHALL BE PROVIDED WITH ANY BUYBOARD PURCHASE ORDER (FAX PURCHASE ORDER TO 800-211-5454J Associated Supply Company, Inc. Prepared By: Jason Alda 2019 Airport Freeway, Euless, TX 76040 Mobile: 682-219-2053 Phone: 817-283-2844 Email: jalda(C�asCoeq.Com Fax: 817-283-7836 Date Prepared: 3/14/2018 Government Agency: City of Denton 11�ILII I� II' �911� ��'� I��N� Ship To: City of Denton Bill To: City of Denton 804 Texas St 804 Texas St Denton, TX 76209 Denton, TX 76209 Contact Name: Brad Holland Phone: Email: brad.holland(�citVofdenton.com Fax: Product Description: 2 Wacker Neuson Trench Rollers RTX-SC3 BuyBoard Contract: 515-16 I. Price List Dated: 5/15/2017 Base Price: $49,380.00 II: Base Bid Options (Itemized Below) Inbound Freight Included PDI Included Delivery to customer Included Inventory Tax Included III. SUB-TOTAL OF I& II IV. BuyBoard Discount: V: NON-BASE OPTIONS SUB-TOTAL: $ - 12.00% $ 5,925.60 SUB-TOTAL: $ - VI: UNPUBLISHED OPTIONS ADDED TO CONTRACT PRICE (SUBTOTAL OF COL1 & COL 2) VII: TOTAL IV + VI VIII: QUANTITY ORDERED UNITS: 2 IX: TRADE-IN OR OTHER CREDIT(5): $ 21,900.00 (Q1 Discount) SUB-TOTAL: $ - Options List Price Total: $ - $ 49,380.00 BUYBOARD CONTRACT PRICE: $ 43,454.40 Non-Base Options (%) _ SUB-TOTAL: $ - $ - $ 43,454.40 $ 86,908.80 $ 21,900.00 TOTAL: $ 65,008.80 �RBY ITH� m�,m�. � M A IG H 1 NI E H Y� 1 M C.� 03/20/2018 Quote #: sgieser-1534 Brad Holland Terry Kader CITY OF DENTON 901 B Texas Street Denton, TX 76209 Dear Brad and Terry: The Autia�rrity in Canstructron, Pavinc� and Crar�e E'guiprr�ent v��aaemkir��sr�r6YB�,�c�� We are pleased to quote the following for your consideration: REVISED 3/23/2018 With BuyBoard Pricing MULTIQUIP RX157533 Articulating Frame 2018 model w/ 0 hours, Unit # N.I.S., S/N Factory Order. The following Factory and Dealer Options are included in the package: • Rammax RX157533 from 24" to 33" drum with with remote control. • Please review the attached brochure. To be purchased through the BuyBoard Cooperative. Contract # 515-16 Contract price is $42,995.00; less contract discount of 15% (-$6,449.00) Less TK discount of -$2,901.00; new net selling price is $33,645.00. Price Complete; Delivered: Two units = $67,290.00 $33,645.00 each. ��'��"� ��M��"��;�� : �;��^ ��"��"�N ��"��. ��"��;�� ^�"� �� b��"�"��"��"��"� ��"��"��: ��"�"N�� I�� ""�:� ��"��/��^�""�w ��""�I��'; �;�ql��" ��b��: ��"�J' ��"��""�N �J'��" �ql��/��" ��V��:��"I��;�� b�""��V�/��"� m��V��"�""wgy ��"��"� ��"�� "�"��: ��:� �"��"�� "�"N�� www��: �� :� We believe the equipment as quoted will exceed your expectations. On behalf of Kirby-Smith Machinery, Inc., thank you for the opportunity to quote Multiquip machinery. Sincerely, SOL G/ESER Governmental Sales Manager 214-371-7777 817-475-6544 sgieser@ki rby-smith.com *Subject to all applicable taxes. 'This proposal is good for 30 days & subject to availability.'* �� u� �� ,^,��u��ir� � � ��., � �� u��ir�,, I� �� . �� . �� Ill�:lll��llhu��m�r��m�;�r'�°�"��illl��'��IIIIII��'��<��m��;��m��;llhu'�.��mlll�:^mw�^'�.�.m�r��m� llllll��'�N��i�°��:°III�:'��r��^��'�°'�� N.��i"�,� , m �` m � m�.� N��mw�� _� LEWISVILLE, TX 75067 FORT WORTH, TX 76131 LONGVIEW, TX 75604 ��"� � 7302 S 1-35 E 5633 Mark IV Pkwy 1517 W Marshall :� � � ��e �� (469) 586-0000 (877) 654-2202 (903) 758-5547 �� w�� Fax. (972� 221-3095 Fax. (877� 457-9425 Fax. (903) 758-5540 ��"� � CEDAR HILL, TX 75104 McKINNEY, TX 75454 �� 676 Jealouse Way 6029 N McDonald St . (469) 575-5339 (214) 307-7350 www.Do6ca[omallas.can Fax. 972 293-8676 Fax. 214 307-7360 ADIVISIONOFSERRYCOMPHNIES,INC. ( � ( l DATE 03/20/2018 TOTAL PAGES TO EMAIL DIANE CITY OF DENTON TSTON E@BOBCATOFDALLAS.COM � oaa 5tone NTX - Bobcat of Dallas 1302 S I-35E Lewisville TX 75067 SUBJECT QUOTE 28004823 FAX NUMBER 2 INCLUDING COVER �rf��+��%�:�� _� LEWISVILLE, TX 75067 FORT WORTH, TX 76131 LONGVIEW, TX 75604 Quotation ��"� � 7302 S 1-35 E 5633 Mark IV Pkwy 1517 W Marshall :� � � ��e �� (469) 586-0000 (877) 654-2202 (903) 758-5547 �� w�� Fax. (972� 221-3095 Fax. (877� 457-9425 Fax. (903) 758-5540 ��"� � CEDAR HILL, TX 75104 McKINNEY, TX 75454 �� 676 Jealouse Way 6029 N McDonald St . (469) 575-5339 (214) 307-7350 www.Do6ca[omallas.can Fax. 972 293-8676 Fax. 214 307-7360 ADIVISIONOFSERRYCOMPHNIES,INC. ( � ( l BILL TO � 087113 CITY OF DENTON ACCOUNTS PAYABLE 215 E MCKINNEY ST DENTON, TX 76201-4299 I I I I I I I I 1 I 1 � I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SHIP TO � I CITY OF DENTON � Customer Pick-Up, QUOTE DATE EXPIRE DATE REQUIRED DATE REFERENCE NUMBER FREIGHT TERMS 03/14/18 04/13/18 Allow WRITTEN BY JOB NUMBER CONTACT SHIP VIA Todd Stone DIANE Customer Pickup PAYMENT TERMS SALES REP F.O.B Charge Net/30 Ken Peterson RX 1575-N TRENCH ROLLER I��tl�:Zd:►e1�1•l�y�t•�re1� 67,000.00 I:/e1�Ul�l�[�3 0.00 2 33500.00 EA Bin#: BO MISC CHARGE TAX FREIGHT 0.00 0.00 0.00 TEXAS - 0.00 LEWISVILLE FIRE CONTROL DI0.00 Accepted: LEWISVILLE CITY - 0.00 By: DENTON COUNTY CTA TRAf��O LEWISVILLE CRIME CONTR�� Date: 67,000.00 QUOTE TOTAL ORDINANCE NO. AN ORDINANCE OF THE CT"TY OF, TEXAS, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AU"THORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THROUGH THE BUY BO�RD COOPERATIVF, PURCHASING NETWORK CONTRACT NtJMBER 515-16 FOR THE PURCHASE OF TWO (2) REPLACEMENT 2018 MOD�L TRENCH ROLLERS FOR THE CITY OF DENTON WASTEWATER COLLECTION DEPARTMENT; PROVIDING EXPENDITURE OF FUNDS THEREF012; AND PROVIDING AN EFFECTIVE DATE (FILE 6774- AWARDED TO KIRBY-SMITH MACHINERY INC., IN THE AMOtJNT OF $63,250). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Ne�work has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the hei•ein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network progt�ams at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the "File Number" referenced herein and on file in the office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER V�NDOR AMOUNT 6774 Kirby-Smith Machinery Inc. $63,250 SECTION 2. By the acceptance and approval of the items set fo1-th in the rEferenced iile number, the Ci�y accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities, and for the specified sums contained in the bid docuinents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by �he City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file numbei• wish to enter into a formal written agreement as a resuit of the City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contraci is in accordance with the terms, conditions, specifications, and standards cor�tained in the Proposal submitted to the Buy Board Coopera�ive Purchasing Network, and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or pet�initted to be performed by the City of Denton under File 6774 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the items set forth in the referenced file nuinber, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accoi•dance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 6. This ordinance shall becoine effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2018. CHRIS WATTS, MAYOR ATTEST: JENNII'ER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-586, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a public works contract for the construction of the Denton West lift station and yard piping installation; providing for the expenditure of funds therefore; and providing an effective date (IFB 6720- awarded to Wi11Co Underground, in the not-to-exceed amount of $239,500). The Public Utilities Board recommends approval (6-0). City of Denton Page 1 of 1 Printed on 4/13/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton _ . City Ha11 �� 5 215 E. McKinney Street tiY �"� �� " Denton, Texas www. cityo fdenton. com DEPARTMENT: CM: DATE: SUBJECT AGENDA INFORMATION SHEET Material Management Todd Hileman April 17, 2018 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a public works contract for the construction of the Denton West lift station and yard piping installation; providing for the expenditure of funds therefore; and providing an effective date (IFB 6720- awarded to Wi11Co Underground, in the not-to-exceed amount of $239,500). The Public Utilities Board recommends approval (6-0). FILE INFORMATION The existing Denton West Lift Station (DWLS) is located on Ryan Road, and provides service to the wastewater drainage area as shown in Exhibit 4. The DWLS was constructed in the early 1970's, and has been in operation for over forty years. The wastewater flows from the DWLS wastewater drainage basin have increased over time, and the station is getting close to operating at pumping capacity. There is currently substantial residential and commercial construction in the DWLS wastewater drainage basin along the Teasley Lane corridor. This will lead to additional wastewater flows that will exceed the pumping capacity of the DWLS. To upgrade the pumping capacity, The City contracted with Kimley-Horn for the engineering design of the lift station. Upon completion of the final design, staff purchased equipment and associated piping for the lift station construction. Invitation for Bids (IFB) were sent to 255 prospective contractors of this service. In addition, specifications were placed on the Materials Management website for prospective contractors to download and advertised in the local newspaper. Three (3) bids were received. The lowest bid meeting specifications was received by Wi11Co Underground for $239,500. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On April 9, 2018, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Award a public works contract to Wi11Co Underground for the construction of the Denton West lift station and yard piping installation. PRINCIPAL PLACE OF BUSINESS Wi11Co Underground Mansfield, TX ESTIMATED SCHEDULE OF PROJECT This project is expected to be completed 60 days after issuance of the notice to proceed. FISCAL INFORMATION The budget for upgrade of the Denton West Lift Station is $645,800. Currently, there is $270,152 remaining in the budget for construction services. Requisition # 138088 has been entered into the Purchasing software system in the amount of $239,500. 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 Public Infrastructure 2.3 Promote superior utility services and facilities Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Tabulation Exhibit 3: Contract Exhibit 4: Location Map Exhibit 5: Ordinance Respectfully submitted: Karen Smith, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: P. S. Arora, P.E. at 940-349-7189. IFB 6720 - Bid Tabulation Construction of Denton West Lift Station Site Civil Improvements 1 Respondent's Name: WiIICo Underground 2 Principal Place of Business (City and State) Mansfield, TX Respondent is a Corporation, Partnership, sole Proprietorship, 3 Indvidual? Sole Proprietorship Total calendar days to mobilize after Notice to Proceed is issued by 4 City (maximum 14 days): 1p Total calendar days after mobilization on site for substantial 5 completion: 50 Proposal Pricing: 6 Base Bid amount to construct project per specifications: $229,500.00 7 Payment and Performance Bonds $10,000.00 8 Total Bid amount to construct with bonds $239,500.00 Item # Product Description Lump Sum Price Wetwall and Discharge Piping Installation - installation of 10' diameter 9 fiberglass, wetwell, stainless steel discharge piping, and pump base elbows. $150,000.00 Lift Station Valve Vault and Appurtenances- construction of proposed cast 10 in-place concrete valve valut and installation of swing check valves, combination air release valves, plug valves and bypass isolation valve. $50,000.00 Yard Piping-construct and install all yard piping improvements and 11 associated appurtenances. $24,500.00 Trench Safety - all trench safety measures related to the construction of 1Z the work. $5,000.00 Wildstone Construction Fort Worth, TX Corporation 14 60 $334,895.00 $7,150.00 $342,045.00 Joe Funk Construction, Inc Dallas, TX Corporation 14 60 $620,000.00 $10,000.00 $630,000.00 Lump Sum Price Lump Sum Price $213,513.00 $245,000.00 $90,969.00 $242,000.00 $13,913.00 $91,000.00 516,soo.00 54z,000.00 DocuSign Envelope ID: A189C788-2B86-4451-BA5A-2261F385404F � ��„�s��;. ^' „ . � , � �, Docusign City Counci) Transmitta) Coversheet IFB 6720 File Name Denton West Lift Station Purchasing Contact Rebecca Hunter City Counci) Target Date APril v, zols Contract Value 239, 500 Piggy Back Option No Contract Expiration Ordinance DocuSign Envelope ID: A189C788-2B86-4451-BA5A-2261F385404F CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND WILLCO UNDERGROUND (IFB 6720) STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this date , by and between Citv of Denton of the County of Denton and State of Texas, acting through Todd Hileman thereunto duly authorized so to do, hereinafter termed "OWNER," and Wi11Co Under�round, 2102 Castle View Road of the City of Mansfield, County of Tarrant, and State of Texas, hereinafter termed "CONTRACTOR." WTTNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: IFB #6720 — CONSTRUCTION OF DENTON WEST LIFT STATION AND YARD PIPING in the amount of two hundred thirty-nine thousand five hundred 00/100 Dollars ($239 500 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Kimlev-Horn and Associates, Inc. all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. INDEPENDENT STATUS/NO JOINT VENTURE It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick lea�e benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly Contract 6720 DocuSign Envelope ID: A189C788-2B86-4451-BA5A-2261F385404F understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Further, nothing in this Agreement shall be construed or interpreted to make OWNER and CONTRACTOR partners or j oint venturers, or to make one an agent or representative of the other. INDEMNIFICATION CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, OWNER, ITS OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, SERVANTS, OR EMPLOYEES OF THE OWNER. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS OWNER DURING THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS CONTRACT, WHETHER ARISING OUT OF IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OF OFFICERS, SERVANTS, OR EMPLOYEES OF THE OWNER. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. CHOICE OF LAW AND VENUE This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. RIGHT TO AUDIT The OWNER shall have the right to audit and make copies of the books, records and Contract 6720 DocuSign Envelope ID: A189C788-2B86-4451-BA5A-2261F385404F computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER' S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence," as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. PAYMENT AND PERFORMANCE BONDS Contractor will be required to furnish original performance and payment bonds for one hundred (100%) percent of the total submission price before work is to commence. The Contractor shall assume all costs in increasing the bond limits if change orders are formally approved. Bonds shall be in accordance with the V.T.C.A Government Code Section 2253.021, as amended, from a surety licensed to do business in the State of Texas. Bond forms are attached and shall be returned upon notice of contract award by the City. Bonds should be forwarded to the City of Denton within fourteen (14) calendar days from contract award. This contract is not fully executed until payment and performance bonds are received and accepted by the City. Upon approval, a purchase order will be issued. LIQUIDATED DAMAGES The time of the completion of construction of the project is of the essence of the contract. Should the Contractor neglect, refuse, or fail to complete the construction within the time agreed upon, after giving effect to extensions of time, if any, herein provided, then, in that event and in view of the difficulty of estimating with exactness damages caused by such delay, OWNER shall have the right to deduct from and retain out of such money which may be then due or which may become due and payable to the Contractor the sum of FNE HLTNDRED and no/100 DOLLARS ($500.00) per day for each and every day, including weekends, that such construction is delayed on its completion beyond the specified time, as liquidated damages and not as a penalty. If the amount due and to become due from OWNER to the Contractor is insufficient to pay in full any such liquidated damages, the Contractor shall pay to OWNER the amount necessary to effect such payment in full. Provided, however, that OWNER shall promptly notify the Contractor in writing of the manner in which the amount is retained, deducted, or claimed as liquidated damages was Contract 6720 DocuSign Envelope ID: A189C788-2B86-4451-BA5A-2261F385404F computed. For computation of extensions of time, the Contractor shall provide OWNER written notice of each day construction is delayed or prevented, and the reason therefore. FORCE MAJEURE OWNER and CONTRACTOR shall not be in default or otherwise liable for any delay in, or failure of, performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of the common enemy or terrorism, the elements, earthquakes, floods, fires, epidemics, or riots. However, neither the lack of funds, nor the lack of reasonably planning shall be deemed to be a reason beyond a party's reasonable control. The Parties will promptly inform and consult with each other as to any of the above causes, which in their judgment may or could be the cause of a delay in the performance of this Agreement, and each party shall use commercially reasonable best efforts to limit delays on its part. CONSTRUCTION ACCEPTANCE Following initial construction, OWNER shall provide a written "Final Punch List" to CONTRACTOR. CONTRACTOR shall acknowledge receipt of the Final Punch List and notify OWNER, within five (5) business days, of any requirements CONTRACTOR deems inconsistent with OWNER's Standard Specifications. OWNER and CONTRACTOR shall strive to agree on items to be included in the Final Punch List and any corrections shall be made at that time. When the Final Punch List is complete for the entire project, a letter of acceptance will be issued by OWNER. No deviations will be allowed unless approved in writing by OWNER. SEVERABILITY If any term or provision of this Agreement is held by a court to be illegal, invalid, or unenforceable, the legality, validity, or enforcement of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each illegal, invalid, or unenforceable term or provision there shall be added automatically to this Agreement a legal, valid, or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid, or unenforceable. ASSIGNABILITY OWNER and CONTRACTOR agree that this Agreement may not be assigned without the prior written consent of the other party due to the special covenants, nature, and subject matter of this Agreement. NO WAIVER The failure of OWNER or CONTRACTOR to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Contract 6720 DocuSign Envelope ID: A189C788-2B86-4451-BA5A-2261F385404F EXHIBITS All Exhibits to this Agreement are incorporated herewith by reference for all purposes, wherever reference is made to the same. NO THIRD-PARTY BENEFICIARIES This Agreement is not intended to, and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other than the Parties hereto and their permitted successors-in-interest; and the obligations herein undertaken and assumed are solely for the use and benefit of the Parties, their permitted successors-in-interest, and any permitted assigns pursuant to the terms and provisions of this Agreement. PARAGRAPH HEADINGS AND CONSTRUCTION OF AGREEMENT The descriptive headings of this various articles and sections of this Agreement have been inserted for the convenience of reference only, and are to be afforded no significance in the interpretation or construction of this Agreement, which shall not be construed either more or less strongly against or for either Party. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. Contract 6720 DocuSign Envelope ID: A189C788-2B86-4451-BA5A-2261F385404F IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. OWNER CITY OF DENTON : TODD HILEMAN CITY MANAGER CONTRACTOR WII,LCO UNDERGROUND DocuSigned by: �l.t�t, (�--SSw�U.S BY: ��.E�. . AUTHORIZED AGENT Mike Osmus NAME President TITLE President PHONE NUMBER mike@willcounderground.com EMAIL ADDRESS ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Contract 6720 DocuSign Envelope ID: A189C788-2B86-4451-BA5A-2261F385404F Certif'icate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be repuired to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: l. Log onto the State Ethics Commission Website at : 11��t�s://www.��lucs.s�a��.�x.us/w1la�sn�w/�lf infc� fc�r�n1295.11�� 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to t�urcllasin�(c�ci�yc�fd�il�c�il.cc�� with the contract number in the subject line. (EX: Contract 1234 — Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. Contract 6720 DocuSign Envelope ID: A189C788-2B86-4451-BA5A-2261F385404F INSURANCE REQUIREMENTS AND WORKERS' COMPENSENTATION REQUIREMENTS Upon contract execution, all insurance require�nents shall beco�ne contractual obligations, which the successful contractor shall have a duty to �naintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughoui the duration of the Contract, 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 Company 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 shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. ■ That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the e�iration date. • Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Contract 6720 DocuSign Envelope ID: A189C788-2B86-4451-BA5A-2261F385404F • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. Generai Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used Contract 6720 DocuSign Envelope ID: A189C788-2B86-4451-BA5A-2261F385404F in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned hired and non-owned autos. [X] Workers' Compensation Insurance Contractor shall purchase and maintain Workers' Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a$500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 ofthe Texas Labor Code and rule 28TAC 110.110 ofthe Texas Workers' Compensation Commission (TWCC). [] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a$1,000,000.00 aggregate. [] Fire Damage Legai Liability Insurance Coverage is required if Broad form General Liability is not provided or is una�ailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professionai Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Buiiders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as"Named Insured" the City of Denton and all subcontractors as their interests may appear. Contract 6720 DocuSign Envelope ID: A189C788-2B86-4451-BA5A-2261F385404F ATTACHMENT 1 [X] Workers' Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCG81, TWCG82, TWCG83, or TWCG84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a proj ect, for the duration of the proj ect. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: a certificate of coverage, prior to that person beginning work on the project, so Contract 6720 DocuSign Envelope ID: A189C788-2B86-4451-BA5A-2261F385404F the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the proj ect and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. L The contractor shall contractually require each person with whom it contracts to provide services on aproject, to: l. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the proj ect, for the duration of the proj ect; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the proj ect; 5. retain all required certificates of coverage on file for the duration of the proj ect and Contract 6720 DocuSign Envelope ID: A189C788-2B86-4451-BA5A-2261F385404F for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the proj ect; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Contract 6720 DocuSign Envelope ID: A189C788-2B86-4451-BA5A-2261F385404F Pricing Proposal - 6720 Construction of Denton West Lift Station Site Civil Improve WiIICo Underground Mansfield, Texas Total calendar days to mobilize after Notice to Proceed is issued by City: 10 Total calendar days after mobilization on site for substantial completion: 50 Proposal Pricing: Base Bid amount to construct project per specifications: $229,500.00 Payment and Performance Bonds $10,000.00 Total Bid amount to construct with bonds $239,500.00 Item # Product Description Lump Sum Price Wetwall and Discharge Piping Installation - installation of 10' diameter 1 fiberglass, wetwell, stainless steel discharge piping, and pump base elbows. $150, 000. 00 Lift Station Valve Vault and Appurtenances- construction of proposed cast-in- 2 place concrete valve valut and installation of swing check valves, combination air release valves, plug valves and bypass isolation valve. $50,000.00 3 Yard Piping-construct and install all yard piping improvements and associated appurtenances. $24,500.00 4 Trench Safety - all trench safety measures related to the construction of the work. $5,000.00 DocuSign Envelope ID: A189C788-2B86-4451-BA5A-2261F385404F Exhibit B House Bi1189 - Government Code 2270 VERIFICATION I� Mi ke osmUs � the undersigned representative of w; � � co underg round Company or Business name (hereafter referred to as com�an�), being an adult over the age of eighteen (18) years of age, verify that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with City of Denton. Pu�suant to Section 2270.001, Texas Gove�nment Code: 1. "Boycott Is�ael " means �efusing to deal with, te�minating business activities with, o� othe�wise taking any action that is intended to penalize, inflict economic ha�m on, o� limit comme�cial �elations specifically with Is�ael, o� with a pe�son o� entity doing business in Is�ael o� in an Is�aeli-cont�olled te��ito�y, but does not include an action made fo� o�dina�y business pu�poses; and 2. "Company" means a fo� p�ofit sole p�op�ieto�ship, o�ganization, association, co�po�ation, pa�tne�ship, joint ventu�e, limited pa�tne�ship, limited liability pa�tne�ship, o� any limited liability company, including a wholly owned subsidia�y, majo�ity-owned subsidia�y, pa�ent company o� affiliate of those entities o� business associations that exist to make a p�ofit. Mike Osmus Name of Company Representative (Print) DocuSigned by: �l.t�t, (�--Sw�ln.S Sigri��°'d�`�Company Representative 4/4/2018 �2te DocuSign Envelope ID: A189C788-2B86-4451-BA5A-2261F385404F Exhibit � Senate Bi11252 -Government Code 2252 CERTIFICATION I Mike Osmus � the undersigned representative Of Wi11Co Underground (Company or business name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Denton's Materials Management Department. Mike Osmus Name of Company Representative (Print) DocuSigned by: �l.t�t, (�--Sw�ln.S Sig �8��mpany Representative 4/4/2018 �2te DocuSign Envelope ID: A189C788-2B86-4451-BA5A-2261F385404F • �- � C � 1 ' , � # , �, , � � � ,. / , .... � ..::.. ; ! �. � '�... �'., , �.,. • R ' 1 . 1 1 1� 1 1'�. 1 + 1 I ' 1 � + 1 f��. 1� �:i i' ' f` � 1 This questionnaire is being filed in accordance with Chapter 176, Local Governrnent Code, by a vendor who has a business relationship as defined by Section 176.001(1-a} with a Pocal govemmental ent►ty and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governrnent entity not later than the 7th bus�ness day after the date the vendor becotnes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Sectian 176.006, Local Government Code. An offense under this section is a misdemeanor. Name of vendor who has a business relatlonship with local governmenta! entity, �-�� Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated campleted questionnaire with the appropriate filing authority not later than the 7`� business day after the date on which vou became aware that the originally filed questionnaire was i�cnmplete or inac�urate.} Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C& D}, must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.061(1-a}, Local Gavemment Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiveng or likely to receive taxable incorne, other than investment income, from the vendor? � Yes � No B. Is the vendor receiving or likely to receive taxable income, other than investrnent income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? � Yes � No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or halds an ownership of one percent or more? �� Yes �� No D. Describe each employment or business and family relationship with the local governcnent officer named in this section. I have no Conflict of Interest to disclose. �,��" �' g , ��' �7p�� p�� .. �� . ,ww'm'�:��.°''��'" .��.�....?��,n� d �..._ .... .. . .........m,.___.._---------.._.. _._ �. �i,�,rrr° :�rer�� of vendor doing business wiYh the governmenYal entity _.,,,_._._.._....—_ �__��.':...'°..,.,� ............... ................... Date IFB 6720 - Main Dacument Page 22 of 23 Certificate Of Completion Envelope Id: A189C7882B864451 BA5A2261 F385404F Subject: City Council Docusign Item - 6720 Denton West Lift Station Source Envelope: Document Pages: 18 Signatures: 3 Certificate Pages: 6 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTG06:00) Central Time (US & Canada) Record Tracking Status: Original 4/4/2018 3:57:43 PM Signer Events Jamie Cogdell jamie.cogdell@cityofdenton.com Senior Buyer City Of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mike Osmus mike@willcounderground.com President WiIICo Underground Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 3/30/2018 6:46:11 AM ID:5ae039cd-fa56-45ad-afda-a6ca9217f20d Larry Collister larry.collister@cityofdenton.com First Assistant City Attorney City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/26/2017 2:27:28 PM ID:01f5f868-f109-4e29-ad49-21db9046c882 Tabitha Millsop tabitha.millsop@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman todd.hileman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID:57619fbf-2aec-4b1f-805d-6bd7d9966f21 Holder: Jamie Cogdell Jamie.Cogdell@cityofdenton.com Signature � pl�t� Using IPAddress: 129.120.6.150 �DocuSigned by: NI,t�Ct, �Sw�wS 749C08D510724ED... Using IPAddress: 71.91.184.25 ��, � �� Status: Sent Envelope Originator: Jamie Cogdell 901 B Texas Street Denton, TX 76209 Jamie.Cogdell@cityofdenton.com IP Address: 129.120.6.150 Location: DocuSign Timestamp Sent: 4/4/2018 4:00:13 PM Viewed: 4/4/2018 4:00:22 PM Signed: 4/4/2018 4:01:53 PM Sent: 4/4/2018 4:01:56 PM Viewed: 4/4/2018 5:26:25 PM Signed: 4/4/2018 5:27:37 PM �Y�i[!L!f►��SE:I.'if►�/Cs�l��il Signer Events Jennifer Walters jennifer.walters@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Sherri Thurman sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Bridges jennifer. bridges@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign P.S. Arora ps.arora@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Envelope Summary Events Envelope Sent Payment Events Signature Signature Status Status Status Status Status Signature Status Hashed/Encrypted Status Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 4/4/2018 5:27:40 PM Timestamp Timestamps 4/4/2018 5:27:40 PM Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Mike Osmus, Larry Collister, Todd Hileman ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your pocuSign, Inc. (DocuSign) Express user account. 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Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIl'T OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. ORDINANCE NO. AN ORDiNANCE OI' TH� CITY OF DENTON, TEXAS, A T�XAS HOME-RULE MUI�7ICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EX�CUTE A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF CONSTRUCTION OF THE DENTON WEST LIFT STATION AND YARD PIPING INSTALLATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (IFB 6720-AWARDED TO WILLCO UNDERGROUND,IN THE NOT-TO-EXCEED AMOUNT OF $239,500). WHER�AS, the City has solicited; received and tabulated competitive bids for t11e construction of public «�orks or iilzprovements in accordance with the procedures of State law a�1d City ordinances; and WHEREAS, the City Manager or a desigizated employee has received and recomnlended that the herein described bids are the lowest responsible bids for the consti-uction of the public worlcs or impr•ovements desci-ibed in �he bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following cornpetitive bids for the construction of public worlcs or improvements, as described in the "Bid Invitations", "Bid Proposals" or �lans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid nurnber assigned hereto, are hereby accepted and approved as being the lowest responsible bids: IFB NUMBER 6720 CONTRACTOR Wi11Co Underground AMOUI�TT $239,500 SECTION 2. That the acceptance and approval of the above compe�itive bids shall not constitute a eontract between the City and the person submitting the bid for construction of such public worl<s or improvements herein accepted and approved, until such person shall comply with all requirements speciiied in the Notice to Bidders ineluding the timely execution of a written contract and furnishing of performance and paymei�t bonds, and insurance certificate after notification of the award of the bid. SECTION 3. That the City Manager is hereby authorized to execute all necessary written contracts for the pel•formance of the construction of the public works or iinprovelnents in accordance with the bids acce�ted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the tern�s, conditions, plai�s and specifications, standards, quantities and specified sums contained therein. SECTION �. The City Coui7cil of the City of Denton, Texas hereby ex�ressly delegates the authority to take any actions that may be required or permitted to be performed by the City oiDenton under IFB 6720 to the City Manager of the City of Denton, Te�as, or his designee. SECTION 5. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and iinproveinents as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized conti-acts executed pursuant thereto. SECTION 6. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2018. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY : APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY �---_ BY: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-598, Version: 1 AGENDA CAPTION Consider approval of a resolution of the City Council of the City of Denton, Texas approving the Watershed Protection division's sponsorship agreement with Keep Denton Beautiful, Inc., in the amount of $8,000. The Public Utility Board recommended approval (6-0). City of Denton Page 1 of 1 Printed on 4/13/2018 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 Environmental Services CM/ DCM/ ACM: Mario Canizares DATE: April 17, 2018 SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas approving the Watershed Protection division's sponsorship agreement with Keep Denton Beautiful, Inc., in the amount of $8,000. The Public Utility Board recommended approval (6-0). BACKGROUND This agreement allows for the total expenditure of $8,000 from Watershed Protection sponsorship funds under the approved City of Denton resolution R18-095 (Exhibit 2). The request is for a total expenditure of $6,500 from the current fiscal year 2017-18 budget, plus the use of funds provided by Watershed Protection during the previous fiscal year for the 2017 Keep Denton Beautiful Mural Art Initiative. The 2017 Mural Art Initiative did not expend $1,500 of Watershed Protection's funds, and these funds are being applied towards the following 2018 events: Great American Cleanup: $3,500; Denton Redbud Festival: $3,500; and Environmental Education Grants: $1,000. During recent City Council discussions, it has been suggested that the City's Hotel Occupancy Tax (HOT) Committee be used to develop guidelines for sponsorships and make recommendations to Council related to funding requests. Staff is planning to meet with the HOT funds committee in April to discuss their potential role in evaluating sponsorships, and the City Council will be provided with a recommendation on any revised process following this discussion. RECOMMENDATION Staff recommends approval of the Watershed Protection sponsorship application from Keep Denton Beautiful (Exhibits 3& 4) in support of programs as specified in resolution R18-095. These programs support the Public Education, Outreach and Involvement requirements of the City's Municipal Separate Stormwater Sewer System permit. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On March 26, 2018 the Public Utility Board recommended approval (6-0). FISCAL INFORMATION Funding for the Sponsorship Application will come from Watershed Protection division's fiscal year 2017-2018 sponsorship fund. Organizational Excellence 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 Exhibit 1: Agenda Information Sheet Exhibit 2: Resolution R18-095 Exhibit 3: Sponsorship application Exhibit 4: Sponsorship application letter Exhibit 5: KDB Tax Exemption Certificate Exhibit 6: KDB Tax Exempt IRS form 990 Respectfully submitted: Deborah Viera Assistant Director Environmental Services Prepared by: JoEtta Dailey Watershed Protection Coordinator �""i �i..,l.;nw3��4'�„1V�,1�..wi 1..�"�� 1m.C�L�' �l1 J�. "4.��.Jl��l�.s �L�. rJ,ry�'"1.�...r� 14..�1,� T �,,1:;' �A�A.��L`� 1�.,�1'�k5, IYT�',e�.�� I�� C�:.TL� �G��:.,Il� 'G'��:��I"F ��d� �C�'T'E�,�%-T��.� �'��.�t�1��]"�. ��]�A�, t�is ii��l ��at° �c�li� i,�'�st� �a� b�aci'�� ,��a� a��d ��e�°�1�� i��c��ec;t��a� 1�� 1��t�� ,f�,�� `�t� ��c��s�a�°��i�s �f" ��c�n-p��r�t, �n�,� �a�ri��nrti�r�c�� •ca�;r�� r�c� �r��a�zi��i�r��z� �hi.�d� �uz°�h�r a cl�,axTit��rl� ��st� �� li� i�t�rest�. 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M�z�t z��t di��rir�ni��t.�; �� tl�� si:� �� a��, c�,l��•, r��c��, ��ic�1�a1 �ri�ui�, ��, c��• s��.��1 ��•i��t�t�an. ��• ��r�d��° icic�t�i%t�°, �iti��shl�, �"�z��il��tl �i�tus, cii��ilit� s��r��, �r �a�t�t��i� si��as, �;, 1'��st ��art��r � �4'-��t��bl� �� r ��t�� t�r��t, �x�c�. I�. II��,�aa�� tl�� it� �r�d �c��i�l �'��:� ar�c� �a��t•��uc�c� �'��t��ti�� ; C.i�� v�r�� a�eilab� t��°<a��l� �cr�r�C��i�� r��r��l�, �C ( .� f�.��_.��.: ��r�se�r��i� ��r�d� �a�%1 rrc�� ..�,�i+��! t� �r��r �it� c��r�ra��;zat� �i.��, ��►��l�s �r� C��;��t�a� �1�.��i�i�a�l �;��ic) t��t ��ec�i�a� �`ur�cli�a�, �1�c��°� f't�e�t� �� t�; �,�. �:` [ I�I�N .�µ. �l��a�r��t% �i ��nt� k��in� s��l�� ]��s tl�.at� ��,5�4:� �a��y �� a��r��c�e��d �� 1�� it�' I'��,��-nra��l�:�s d��;r��e, �n� ��r�r��.� ��^ a�n��r�t� �a� ��,��i� c�r ��r� n��s� ��. r�c�r��z��1�e:� b� �� it�'� ��ta}al�i� LJi�liti�� a��d �«�Li�") t� k�� `i�.� �t��il %e ��a�i°��zl, ��y� �c��i�i�i��l �i��r�t�t� �au�l�t ��r �� c�r°��n��ti�ns �� 1��s ��T��.a�i� t�t;e�i�!�� "�zt�clzn� �.a��i�r �k�� 2,5�� d��ini�tr�t�^v� t��t•e��c��% ��c.��t b� �°��r��c��d k�� .�; �l.J� t� th� �ik,y �"c��.t�a�il �'�� r�a��l. ��;;`� ��1'..�.: �c�l�ci �v'�st� �� :��°�h�;� �s��t�c�i�t� ^�rill ��°��ri�� th t�� '�I� ��ci t�z� 4�i�y� C"��n��l qr.aa.�„d��y �°��t��•k� �c��c�°�l�air�g ��a�� c�r�?��r�ati��s l��a� ��a�°ali�c� f'��' �"��.d� ��•�� t�� ax�s��s�.�� •��r°��x�, ��.�1��i�� :1�� it�l�l� +��►�a�� a�� u�l%c ��a4;��si �'�rr �}aic:�. �� '�� i�l �a� �.�s��, �l�at ca��iz��tican� �a�� ;��°�c� �"u��c�s f`r�n� �h�.� ��a��z��;l�i� �r��„a°��, �r�� th� �•��i��a�z�� 1��a1a�� a�° thc: s��n��a°�� r�,��s��; ��C��"IC�� . T��i� �•��crlr.��ic�t� ��11 t��e ��°�c� �Z��ra�t��l:��t�� `�c�n� �t�� f��r its ��c:ic��rti�a��. �� A�il� A��"�.��iFL7 �hi� �� ._��"�a�:.�� d�� f �.a�°u.�.,� ��.�r'��...m....... _.._.__.s :�(�1�. ,r , ..� c�' � �� '� �� ° �wms�� _� ..m_.m. ... ..... ...�..... ._.._.��__ __._�� .w.��._.� . �" �"� �l� �� VV��""T"�, �A.`�"(�� .TT"��T: JE]�I�"��. �A�"�"LI�.�� iT"� ��.FT�.�."�' �', , ��'': �. "`�� q� � ��., � � .� .�"w .� ��r �,!m'+..�e,�,.�^ .�,.��,,o,...�,.,�w�o,a��k.dd�Wv��."�....�.. ��.. �, �e�9��:r��'"�,.,�� `1 �.� T.a��"r�.� �'t��11�^�� .�.�.��1' �:��.�� I"�i' �"�""�"��' � ��v. ��. �� .�,� �� .�.��. . ��:�......m... ....e..aaa .�.�.. ;��°� �� Watershed Protection Division Sponsorship Program Sponsorship Application for Organization/Agency Date of Application �,�m •� Name of Organization/Agency: '� �� E��lo^��r ld�t�t��o��a�r�� 8`+N�.ww�7h��r ��r9�'); �� ' ��I�ane ¢V�a�r��er: �� .� , ��" .��'" �� Mailing Address: Contact Phone Num��r; ��°��"""�" " �.� � � � �-f4^la'sd ��ress: � Amount of Request: �'°�` � " � � �" � �'� V'� ��ent 6�ame� Counties in which Project Services are Provided: The following typed narrative MUST accompany this application: +� Organization's Statement of Purpose • Project Description (1 page maximum) * Project Goals/Objectives (1 page maximum) � Explanation of how funds will be used (1 page maximum) � Identification and status of other funding requests for this project (if applicable) If applicable or available, the following documents MUST accompany this application: • IRS tax exempt documentation • Most recent Form 990 submitted to the IRS • List of board of directors and their addresses The information contained in this application is for the purpose of obtaining funding from the Watershed Protection Division Sponsorship Program on behalf of the undersigned. Each undersiqned represents and warrants that the information is true and complete and that the Watershed Protection Division Sponsorship Program may consider this informe�t�car� ,�c and correct until a written notice of a change is provided. The Ctty of Denton is authorized to make oll inquiries deemed n�ecss�� .r��"�the �rc��r�a�+ of the information. a p 4� � / r ;� ��"°� ��°a � ,�=`Po,�v„ �� Mf ,� �.�.� C ��.w � � ,�. Presici�ent/Ch�airman's Signature Se�cr� ary/Tr��surer'� ii�nature � � ,.� � � �� W � � � (�� ` � � � �.� Date Date Mail comp/eted application and documentation to: Watershed Protection Division Sponsorship Program 1100 5 Mayhill Road, Denton, Texas 76208 i� ii iir �� tOi �%///,r� �l0 '�% '�% ��% i�� %� (,'%� %%/ %% �� /� /� �i <i, Keep Denton Beautiful, Inc. is a 501(c)(3) celebrating thirty years of work to keep Denton beautiful. The mission of Keep Denton Beautiful is to engage our community in creating a clean and beautiful Denton. Our vision is a clean, beautiful, and vibrant city! And our values are Volunteerism, Education, Stewardship of Resources, Community Aesthetics, and Grass Roots Involvement. Watershed Protection has sponsored Keep Denton Beautiful Programs since 2014, recognizing the shared goals between the two and the benefits KDB offers with its large reservoir of volunteers. Together, KDB and Watershed work to keep Denton waterways clean of trash and garbage, and to educate children on water conservation and pollution. KDB is proposing the following sponsorships for Watershed for 2018, which includes the Watershed name and logo on all promotional materials, including t-shirts (if applicable); listing on the KDB website, E-newsletter, and annual "Thank You" full-page ad in the Denton Record- Chronic(e; and acknowledgement on KDB social media pages: Great American Cleanup — Saturday, March 24, 2018 Presenting Level Sponsorship $ 3, 500 Now in its thirtieth year, the Great American Cleanup is a community-wide litter cleanup that annually engages more than 2,000 volunteers to remove literal tons of trash and recycling from Denton's streets, waterways, and public spaces. This event mobilizes thousands of volunteers each year to make our City cleaner, greener, and more beautiful. Funds will be used for event t- shirts. Denton Redbud Festival — Saturday, April 21, 2018 Presenting Level Sponsorship $3, 500 Held at the Civic Center and Quakertown Park in April each year, the Redbud Festival is Denton's annual Arbor Day Celebration. Approximately 5,000 participants attend this indoor/outdoor event with vendors, educational seminars, annual TRASHion Fashion Show, children's activities, and festival food. Funds will be used for t-shirts and other event needs. � . �� u�� Il�:��,��n�� u.��uul��llr Ilir°7��. ��¢:�� 1��=. Ikm�ue�°If��yr ��u��G��.�':"��ii°i�°�� II��Gw�ir°��irn��'e��.�"�� i �� a.�Ml�a I�.�e��r�r��.�u� ��;r��utlw��ull [�� ,� �„o��a�;�u�� fiwllk��; �.w��`14��+�� Cu�.z��4�;� ��„�,��.��c�t�ll �;��na� ��ns=.�l��.��rmia;�fl��i°ir��u II_�r,d.w�G��i°i9`u.��&. i� ii iir �� tOi �%///,r� �l0 '�% '�% ��% i�� %� (,'%� %%/ %% �� /� /� �i <i, Environmental Education Grants Sponsor $1,000 KDB's Environmental Education Grants Program provides grant funding for school-based environmental learning projects. Schools may request up to $500 per project, per year for projects that directly engage students in outdoor learning activities, campus improvement projects, and natural resource stewardship efforts. Projects in past years have included, vegetable/food gardens, tree planting, rainwater collection, and general campus beautification. In 2017, Watershed supported the KDB Mural Art Initiative in the amount of $1,500 dollars. This project was placed on hold, and Watershed asked that their 2017 sponsorship of the Mural Art Initiative be revoked. Due to this, the sponsorship amount requested for programs in 2018 is $8,000 (2018 request) -$1,500 (2017 Mural Art Initiative) _$6,500. � . �� u�� Il�:��,��n�� u.��uul��llr Ilir°7��. ��¢:�� 1��=. Ikm�ue�°If��yr ��u��G��.�':"��ii°i�°�� II��Gw�ir°��irn��'e��.�"�� i �� a.�Ml�a I�.�e��r�r��.�u� ��;r��utlw��ull [�� ,� �„o��a�;�u�� fiwllk��; �.w��`14��+�� Cu�.z��4�;� ��„�,��.��c�t�ll �;��na� ��ns=.�l��.��rmia;�fl��i°ir��u II_�r,d.w�G��i°i9`u.��&. � ' 01-339 'r`�x kr�" (Rev.4-13/8) Texas Sales and Use Tax Resale Certificate Name of purchaser, firm or agency as shown on permit Keep Denton Beautiful, Inc. Address (Street&number, P.O. BoxorRoutenumber) 608 E. Hickory Street, Suite 130 City, State, ZIP code Denton, TX 76205 Texas Sales and Use Tax Permit Number (must contain 11 digits) I �i �i 5i 2i 5i 5i Di 4i 8i 3i �I Out-of-state retailer's registration numberor Federal Taxpayers Registry (RFC) numberfor retailers based in Mexico (Retailers based in Mexico must also provide a copy of their Mexico registration form to the seller.) I, the purchaser named above, claim the right to make a non-taxable purchase (for resale of the taxable items described below or on the attached order or invoice) from: Seller: Street address: City, State, ZI P code: Description of items to be purchased on the attached order or invoice: Description of the type of business activity generally engaged in or type of items normally sold by the purchaser: The taxable items described above, or on the attached order or invoice, will be resold, rented or leased by me within the geographical limits of the United States of America, its territories and possessions or within the geographical limits of the United Mexican States, in their present form or attached to other taxable items to be sold. I understand that if I make any use of the items other than retention, demonstration or display while holding them for sale, lease or rental, I must pay sales tax on the items at the time of use based upon either the purchase price or the fair market rental value for the period of time used. 1 understand that it is a criminal offense to give a resale certificate to the seller for taxable items that 1 know, at the time of purchase, are purchased for use rather than for the purpose of resale, lease or rental, and depending on the amount of tax evaded, the offense may range from a Class C misdemeanor to a felony of the second degree. Purchaser sign here ` Title Date This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. �,, 01339 (Back) '/^�` k,;," (Rev.4-13/8) Texas Sales and Use Tax Exemption Certification This certificate does not require a number to be valid. Name of purchaser, firm or agency Address (Street & number, P.O. Box or Route number) Phone (Area code and number) City, State, ZIP code I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable items described below or on the attached order or invoice) from: Seller Street address: City, State, ZI P code: Description of items to be purchased or on the attached order or invoice: Purchaser claims this exemption for the following reason: I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with the provisions of the Tax Code and/or all applicable law. 1 understand thatitisa criminal offense togive an exemption certificate to the sellerfortaxableitemsthatl know, atthe time ofpurchase, will be usedina manner otherthan thatexpressedin thiscertificate, and dependingon the amountoftaxevaded, the offense mayrange from a Class C misdemeanor to a felony of the second degree. Purchaser sign here ` Title Date NOTE: This certificate cannot be issued for the purchase, lease, or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID. Sales and Use Tax "Exemption Numbers" or "Tax ExempY' Numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. Form 990'EZ Deparlmentof the Treasury Internal Revenue Service A G I J Short Form Return of Organization Exempt From Income Tax Under section 501(c), 527, or 4947(a�1) of the Internal Revenue Code (except private foundations) ► Do not enter social security numbers on this form as it may be made public. ► Information about Form 990-EZ and its instructions is at www.irs.gov/form990. For the 2016 calendar year, or tax year beginning 10 /"O 1 Checkif applicable: � Address change Namecnan9e KEEP DENTON BEAUTIFUL, INC. ��'iva��e�ur� 608 E. HICKORY, SUITE 1 �� o� DENTON, TX 76205 ',r o„�� °`�� Final return/lerminated � Amended return Application pending , 2016, and endin� �,130 � ,,,,,,an� �� x�wn�� i� „��ur, � OMB No. 1545�1150 2016 Open to Public Inspection e 2�17 1„7' Employer identi(ication number 75-25504�;�' Telephone number 940-349-87�� F Group Exemption Number . . _ . . . . . . � Accounting Method: ��;� �a�Fv �� Accrual Other (specify) ► H Check ► I� if the organization is not . �_ We6site: ' WWW �� , Or required to altach Schedule B .....�.�.�....WY..�� .�......_� Tax-eKempt statu � � _ s(check only one) X 501(c)(3) 501(c) ( )•(insert no )� 4947(a)(1) or � 527 (Form 990, 990-EZ, or 990-PF). ..... em....�� _....�_ �...... ��. ... K Forrn of organization: �1 Corporation Trust �� Association I Other L Add lines 5b, 6c, and 7b to line 9 to determine gross receipts. If gross receipts are $200,000 or mor � �.. e or if total assets (Part II, column (B) below) are $500,000 or more, file Form 990 instead of Form 990-EZ . . . . . . . . . . . . . . . . . ► $ � � � 55 6 . Check if the organization�used Schedul�e Omt nrespo dso ats question�inBth saPareS (S22 the If1StfUCtI0f1S fOf PBrt^I) ��m �"��t � Revenue Ex enses and Chan es i .. �.. . 'I Contributions, gifts, grants, and similar amounts received . . . . . . . . . . . . . . . . � . . . . . . . , .. , , � . , .. , , , , . , , , . . '� 147 �0 6 , ....�.. �� 2 Program service revenue including government fees and contracis. . . � . . .. . . .. . . . . . . . � . .. � . P . , , , , , . . .. � 2 � � _ � 3 Membership dues and assessmenta . . . . , . � . . .. . � . . � �� . . . . . . . . . . . . . . . . . . . . . . . . . . . � .. , .. . , . , P , , , . , , 3 . �'.� 580 i 4 Investmentincome..�.....� .............�...e.�.........,...�.........,�.,,�.. .�....,.,a,�..,.�..� � 4 �. �m,m�.. ...�..�. 5 a Gross amount from sale of assets other than inventory . ... ... ... ........ 5,� � �._ ...._... �� 6 Less: cost or other basis and sales expenses. . ... . ' 5 b c Gain or (loss) from sale of assets other than inventory (Subtract line 5b from line 5a) ,, �.,.. �..,. � �� ... � ��. . �,. �5 c 6 Gaming and fundraising events mm WW R a Gross income from gaming (attach Schedule G if greater than $15,000). „. .. 6a1 E ' �A�........ ........ � b Gross income from fundraising events (not including $ of contributions � E N from fundraising events reported on line 1) (attach Schedule G if the sum E of such gross income and contributions exceeds $15,000) ...... ........... 6bl 4 769. .� _.m c Less: direct expenses from gaming and fundraising events . ... ....... .. . 6c �� c��c� , d Net income or (loss) from gaming and fundraising events (add lines 6a and 6b and subtractline 6c) ......................................................��.,..,,�,,,�..,..,..,� 7 a Gross sales of inventory, less retums and allowances . . . . . . . . . . . . . . . . . . . . � 7 a' ._..�_ ................................... b Less: costofgoodssold ..................... .......................... 7k� c Gross profit or (loss) from sales of inventory (Subtract line 7b from line 7a) , , . . . . . � , , , , , , , , , , , , , , , , , , �� 8 Otherrevenue (describe in Schedule O) .............................��.......,.�........,,.,,�,.,,,,.e 9 Total revenue. Add lines 1, � , 6d, 7c, and 8 . . . . . . . . . . . . . . . . . . , . . . . , . . . , . . . . . "` .. .._. 2� � 4, 5c �___..��__ _ ._� ...�_.�w . ..� w�w 10 Grants and similar amounts paid (list in Schedule O). , , , . . . _ . . , . . . , , . . . . . . . . . . . . . . . . . 1 "1 Benefits paid to or for members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . E 12 Salaries, other compensation, and employee benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � x P 13 Professional fees and other payments to independent contractors ,,, ,, ,..,, E.,��.�.,.........�...... N 14 Occupancy, rent, utilities, and maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � s. . ............... ....�.. E 15 Printing, publications, postage, antl shipping ..... s �.. a �. .,. � See S.�� . .. ��... 16 Other expenses (describe in Schedule O) .... , hedule 0 1 7 Total expenses. Add lines 10 through 16 .........................................„�,,.,,,,,�,...... "' ..� 18 Excess or (deficit) for the year (Subtract line 17 from line 9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6d 7c ...8.... 9 10mmm� 11 12 13 14 15 16 A E g p p y �) m line 27, column A must agree with end-of-year H 5 19 Net assets or fund balances at beginning of year (fro O) ( T S 20 Other chanrted onnet assets orrfund balances ex la 9 (�. .� ... .............. 19 �� ' p in in Schedule 0) . . . . . . T ..... .............. .. 20 2l Net assets or fund balances at end of year. Combine lines 18 through 20. . . . . , . , . . . „ . . . . . . . . . . . . . . . . . �I 21 BAA For Paperwork Reduction Act Notice, see the separate instructions. TEEA0803L 12/22/16 —11..�....6..4.5 . 13�, �.�� . mm. ww. �� ,� 415 . �.... �, �7� , �� 548. 106�333� �:�'..e:. �3 � 9 , _ ��, 694 . �a4 503.. orm 990-EZ (2016) City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� File #: ID 18-599, Version: 1 Legislation Text AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of Change Orders No. 2 and 3 to the contract between the City of Denton and Jagoe- Public Company; providing for the expenditure of funds therefor; and providing an effective date (RFP 6218- Change Orders No. 2 and 3 in the amount of $99,573.78 for a total contract award aggregating to $1,571,294.78). The Public Utilities Board recommends approval (6-0). City of Denton Page 1 of 1 Printed on 4/13/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton _ . City Ha11 �� 5 215 E. McKinney Street tiY �"� �� " Denton, Texas www. cityo fdenton. com DEPARTMENT: CM: DATE: SUBJECT AGENDA INFORMATION SHEET Materials Management Todd Hileman April 17, 2018 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of Change Orders No. 2 and 3 to the contract between the City of Denton and Jagoe-Public Company; providing for the expenditure of funds therefor; and providing an effective date (RFP 6218- Change Orders No. 2 and 3 in the amount of $99,573.78 for a total contract award aggregating to $1,571,294.78). The Public Utilities Board recommends approval (6-0). BACKGROUND On March 7, 2017, the City Council awarded a contract to Jagoe Public Company for the construction of new landfill entrance road in a not-to-exceed amount of $1,477,571. The landfill is currently accessed through the intersection of Mayhill Rd and Spencer Rd, this entrance is in conflict with a proposed Denton Municipal Electric (DME) substation. The new entrance is currently under construction and is scheduled for completion during summer 2018. During the construction process, there have been changes to the scope of services required to complete the project. Change Order No. l, for a reduction in the box culverts, was approved by Purchasing Staff for a decrease of $5,850 (Exhibit 3). Change Orders No. 2 and 3 are for additional site grading, concrete for extenders, water valve adjustments and silt fencing. In addition, staff has requested a new landfill access control gate and related infrastructure that was not originally included in the scope of services. These changes result in a net change order of $99,573.78. Staff is requesting City Council approval to authorize the revised scope of work The contractor's change order requests are attached for review in Exhibit 4. In accordance with Local Government Code 252.048, change orders in excess of $50,000 require City Council approval. The net change presented does not exceed 25% of the original contract value. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 7, 2017, Council approved a public works contract with Jagoe Public Company in the amount of $1,477,571 (Ordinance 2017-085). On April 9, 2018, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Staff recommends the approval of the Change Orders No. 2 and 3, enabling the City of Denton to proceed with the construction of the new landfill entrance road. PRINCIPAL PLACE OF BUSINESS Jagoe-Public Co. Denton, TX ESTIMATED SCHEDULE OF PROJECT Construction will be complete in summer 2018 FISCAL INFORMATION The project resides in the Solid Waste capital fund 660879595 and total project costs are budgeted at $1,813,205.63. The original contract amount was $1,477,57L With the approval of all change orders, the new contract total will be $1,571,294.78. Purchase Order 180943 will be revised to include the change orders upon approval. 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 Public Infrastructure 2.3 Promote superior utility services and facilities Exhibit 1: Agenda Information Sheet Exhibit 2: Original Contract Exhibit 3: Changer Order 1 Exhibit 4: Change Orders 2-3 Exhibit 5: Ordinance Respectfully submitted: Karen Smith, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Ethan Cox, 940-349-7421. DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F � ��„�s��;. ^' „ . � , � �, Docusign City Counci) Transmitta) Coversheet RFP 6218 File Name Construction of Middle Road Entrance for Solid Waste Purchasing Contact Rebecca Hunter City Counci) Target Date 3/�/Zov Contract Value $1,4��,5�1 Piggy Back Option no Contract Expiration "�A DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND JAGOE-PUBLIC COMPANY (RFP 6218) March 7, 2017 THIS CONTRACT is made and entered into this date , by and between JAGOE-PUBLIC COMPANY a CORPORATION, whose address is 3020 FORT WORTH DRNE, DENTON, TX 76202, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a Texas Municipal Corporation and Home-Rule City, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and the subsequent execution of this Contract by the Denton City Manager, or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide construction services in accordance with the City's RFP # 6218- CONSTRUCTION OF MIDDLE ENTRANCE ROAD FOR SOLID WASTE, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes as "Exhibit B". The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit "A"); (b) City of Denton Request for Proposal # 6218 (Exhibit "B" on file at Office of Purchasing Agent) (c) General Provisions-Standard Terms and Conditions (Exhibit "C"); (d) Payment and Performance Bond Requirements (Exhibit "D"); (e) Insurance Requirements (Exhibit "E"); (� Certificate of Interested Parties Electronic Filing (Exhibit "F"); (g) Contractor's Proposal. (Exhibit "G"); (h) Form CIQ — Conflict of Interest Questionnaire (Exhibit "H") These documents make up the Contract documents and what is called for by one shall be as binding as if called for by a1L In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to this written Contract, and then to the Contract documents in the sequential order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." IN WITNESS WHEREOF, the parties of these presents have executed this Contract in the year and day first above written. Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F CONTRACTOR DocuSigned by: �7 �� 1J"`i`iv.� B 1 . QAfi�4B3B1h.E�4fl�_ AUTHORIZED SIGNATURE 2/24/2017 Date: Billy Cheek Name: Title: Executive Vice President 940-382-2581 PHONE NUMBER billy.cheek@jagoepublic.com EMAIL ADDRESS 2017-171642 TEXAS ETHICS COMMISSION CERTIFICATE NUMBER CITY OF DENTON, TEXAS A Texas Municipal Corporation DocuSigned 6y: �� Q�/L. By • a��Fr.��annnasa TODD HILEMAN CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY DocuSigned by: ��.�' �U��(M' INS��/1. BJ ' F�.f1-3-Z�.6F-3D4.D3m APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY DocuSigned 6y: ,�b�t,ln, �,i�{- By • ra��aaFr�n�aa�a Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F EXHIBIT A SPECIAL TERMS AND CONDITIONS Total Contract Amount The Contract total for services shall not exceed $1,477,571. Pricing shall be per Exhibit G attached. Contract Term The Contract shall commence upon the issuance of a Notice to Proceed. Contractor shall begin work on site within fifteen (15) calendar days of receipt of Notice to Proceed. Project shall be complete within two-hundred ten (210) calendar days after work commences on site. Delays are further discussed in the Standard Terms and Conditions Exhibit C, Section 83. Staking The City of Denton is responsible for the initial rough staking and the construction staking. Contractor will be responsible for any stake that is removed or is damaged by them. Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F EXHIBIT C GENERAL PROVISIONS- TERMS AND CONDITIONS FOR FACILITY CONSTRUCTION SERVICES Invoices, Payments, and Releases L INVOICES AND PAYMENT PROCESSING: Pavment processin�: The City review, inspection, and processing procedures for invoices ordinarily require thirty (30) days after receipt of invoices, materials, or services. Proposals which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Purchasing Manager, the review, inspection, and processing procedures can be completed as specified. It is the intention of the City of Denton to make payment within thirty (30) days after receipt of valid invoices for which items or services have been received unless unusual circumstances arise. The thirty (30) day processing period for invoices will begin on the date the invoice is received or the date the items or services are received, whichever date is later. Direct deposit for pavments: Prime Contractors are encouraged to arrange for receiving payments through direct deposit. Information regarding direct deposit payments is available from the City of Denton Purchasing website: www.den�c�n�urchasin�.cc�in. Invoices: Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299 with a copy to the attention of David Dugger, City of Denton Solid Waste Department, 1527 S. Mayhill Road, Denton, TX 76208. The copy may also be emailed to Mr. Dugger at david.dugger@cityofdenton.com. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. Invoices for partial payments on construction proj ects should normally be presented for payment within the first five (5) days of the month, and submitted on the Pay Application Form. 2. TAX EXEMPTION: The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Prime Contractor performing work under this Contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State Comptroller's ruling #95-0.07 and #95-0.09. 3. PAYMENTS TO CONTRACTORS: A. Upon presentation of valid invoices, which should be within the first week of each month, the Owner shall make partial payments to the Prime Contractor for construction accomplished during the preceding calendar month on the basis of completed construction Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F certified to by the Prime Contractor and approved by the Owner and Architect/Engineer solely for the purposes of payment. Provided, however, that such approval shall not be deemed approval of the workmanship or materials. Only ninety-five percent (95%) of each payment request approved during the construction of the proj ect shall be paid by the Owner to the Prime Contractor prior to completion of the Proj ect. Upon the approval by the Owner of the Prime Contractor's "Final Invoice for Payment" showing the total cost of the construction performed, the Owner shall make payment to the Prime Contractor of all amounts to which the Prime Contractor shall be entitled there under which shall not have been paid: Provided, however, that such final payment shall be made not later than ninety (90) days after the date of completion of construction of the Project, as specified in the Final Invoice for Payment, unless withheld because of the fault of the Prime Contractor. B. The Prime Contractor shall be paid on the basis of the percentage of the work actually completed for each construction item. The total amount paid for periodic billings shall not exceed the maximum Contract price for the construction of the project as set forth in the Contract, unless such excess shall have been approved in writing by the Purchasing Agent as part of a change order. C. No payment shall be due while the Prime Contractor is in default in respect of any of the provisions of this Contract, and the Owner may withhold from the Prime Contractor the amount of any claim by any third party against either the Prime Contractor or the Owner based upon an alleged failure of the Prime Contractor to perform the work hereunder in accordance with the provisions of this Contract. This includes, without limitation, the alleged failure of the Prime Contractor to make payments to subcontractors. 4. RELEASE OF LIENS AND CERTIFICATE OF CONTRACTOR: Upon award of the Contract, the Prime Contractor shall inform the Owner of the subcontractors and material sources that will be used. Upon the completion by the Prime Contractor of the construction of the Project, but prior to final payment to the Prime Contractor, the Prime Contractor shall deliver to the Owner releases of all liens, and of rights to claim any lien, from all manufacturers, materialmen and subcontractors furnishing services or materials for the Project, to the effect that all materials or services used on or for the Project have been paid for and indicating that the Owner is fully released from all such claims. 5. PAYMENTS TO MATERIALMEN AND SUBCONTRACTORS: The Prime Contractor shall pay each materialman, and each subcontractor, if any, not later than five (5) days after receipt of any payment from the Owner, the amount thereof allowed the Contractor for and on account of materials furnished or construction performed by each materialman or each subcontractor. 6. REMEDIES: A. Completion of Prime Contractor's Default If default shall be made by the Prime Contractor or by any subcontractor in the performance of any of the terms of this proposal, the Owner, without in any manner limiting its legal and equitable remedies in the circumstances, may serve upon the Prime Contractor and the Surety or Sureties upon the Prime Contractor's bond or bonds a written notice requiring the Prime Contractor to cause such default to be corrected forthwith. Unless within twenty Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F (20) days after the service of such notice upon the Prime Contractor such default shall be corrected or arrangements for the correction thereof satisfactory to the Owner and/or Architect/Engineer shall be made by the Prime Contractor or its Surety or Sureties, the Owner may take over the construction of the Project and prosecute the same to completion by Contract or otherwise for the account and at the expense of the Prime Contractor, and the Prime Contractor and its Surety or Sureties shall be liable to the Owner for any cost or expense in excess of the Contract price occasioned thereby. In such event the Owner may take possession of and utilize, in completing the construction of the project, any materials, tools, supplies, equipment, appliances, and plant belonging to the Prime Contractor or any of its subcontractors, which may be situated at the site of the Project. The Owner in such contingency may exercise any rights, claims or demands which the Prime Contractor may have against third persons in connection with this Contract and for such purpose the Prime Contractor does hereby assign, transfer and set over unto the Owner all such rights claims and demands. B. Cumulative Remedies Every right or remedy herein conferred upon or reserved to the Owner shall be cumulative, shall be in addition to every right and remedy now or hereafter existing at law or in equity or by statute, and the pursuit of any right or remedy shall not be construed as an election. Provided, however, that the provisions of the REMEDIES SECTION shall be the exclusive measure of damages for failure by the Prime Contractor to complete the construction of the Project within the time herein agreed upon. Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F CITY OF DENTON GENERAL CONDITIONS FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS GENERAL DEFINITIONS 11 The following definitions apply throughout these General Conditions and to the other Contract Documents: a) THE CONTRACT DOCUMENTS The Contract Documents consist of the formal Building Construction Services Agreement between the Owner and the Prime Contractor, these General Conditions and other supplementary conditions included by special provisions or addenda, drawings, specifications, addenda issued prior to execution of the Contract, other documents listed in the Contract, and Amendments issued after execution of the Contract. For purposes of these General Conditions, an Amendment is: (1) a written Supplemental Agreement to the Contract signed by authorized representatives of both parties; (2) a Change Order, including Change Orders signed only by the Owner as described in Subparagraph 7.1(b) and Subparagraph 7.1(e); or (3) a written order for a minor change in the Work issued by the Architect/Engineer as described in Paragraph 73. The Contract Documents also include bid documents such as the Owner's Instructions to Bidders, sample forms, the Prime Contractor's Bid Proposal and portions of addenda relating to any of these documents, and any other documents, exhibits or attachments specifically enumerated in the Building Construction Services Agreement, but specifically exclude geotechnical and subsurface reports that the Owner may have provided to the Prime Contractor. b) THE CONTRACT The Contract Documents, as defined in Paragraph 1.1, are expressly incorporated into and made a part of the formal Building Construction Services Agreement between the Owner and the Prime Contractor by reference in this Paragraph and Paragraph l.l (which documents are sometimes also referred to collectively in these General Conditions as the "Contract"). The Contract Documents represent the entire and integrated agreement between the Owner and the Prime Contractor and supersede all prior negotiations, representations or agreements, either written or oral. The terms and conditions of the Contract Documents may be changed only by an Amendment. The Contract Documents shall not be construed to create a contractual relationship of any kind: (1) between the Architect/Engineer and Prime Contractor; Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F (2) between the Owner and a Subcontractor or -subcontractor; or (3) between any persons or entities other than the Owner and Prime Contractor. The Architect/Engineer shall, however, be entitled to performance and enforcement of obligations under the Contract Documents intended to facilitate performance of the Architect/Engineer's duties. c) THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by the Prime Contractor, or any Subcontractors, Sub-subcontractors, material suppliers, or any other entity for whom the Prime Contractor is responsible, to fulfill the Prime Contractor's obligations. The Work may constitute the whole or a part of the Project. d) THE PROJECT The Project is the total construction more particularly described in the Building Construction Services Agreement, of which the Work performed under the Contract Documents may be the whole or a part of the Project and which may include construction by the Owner or by separate contractors. All references in these General Conditions to or concerning the Work or the site of the Work will use the term "Project," notwithstanding that the Work may only be a part of the Project. e) THE DRAWINGS The Drawings (also known as the "Plans") are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. f� THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards, and workmanship for the Work, performance of related services, and other technical requirements. g) THE PROJECT MANUAL The Project Manual is the volume or volumes which contain the bidding requirements, sample forms, General Conditions for Building Construction, special provisions, and Specifications. The Project Manual may be modified by written addendums issued by the Owner during bidding, in which case the written addendums become a part of the Project Manual upon their issuance, unless otherwise indicated by the Owner in writing. Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F h) ALTERNATE An Alternate is a variation in the Work on which the Owner requires a price separate from the City Building General Conditions Base Bid. If an Alternate is accepted by the Owner, the variation will become a part of the Contract through the execution of a change order or amendment to the Contract and the Base Bid will be adjusted to include the amount quoted. If an alternate is accepted by the Owner, and later deleted prior to any Work under the alternate being performed or materials delivered to the Project site, the Owner will be entitled to a credit in the full value of the alternate as priced in the Prime Contractor's Bid. i) BASE BID The Base Bid is the price quoted for the Work before Alternates are considered. j) HAZARDOUS SUBSTANCE The term Hazardous Substance is defined to include the following: (1) any asbestos or any material which contains any hydrated mineral silicate, including chrysolite, amosite, crocidolite, tremolite, anthophylite or actinolite, whether friable or non-friable; (2) any polychlorinated biphenyls ("PCBs"), or PCB-containing materials, or fluids; (3 ) radon; (4) any other hazardous, radioactive, toxic or noxious substance, material, pollutant, or solid, liquid or gaseous waste; (5) any pollutant or contaminant (including but not limited to petroleum, petroleum hydrocarbons, petroleum products, crude oil or any fractions thereof, any oil or gas exploration or production waste, any natural gas, synthetic gas or any mixture thereof, lead, or other toxic metals) which in its condition, concentration or area of release could have a significant effect on human health, the environment, or natural resources; (6) any substance that, whether by its nature or its use, is subject to regulation or requires environmental investigation, monitoring, or remediation under any federal, state, or local environmental laws, rules, or regulations; (7) any underground storage tanks, as defined in 42 U.S.C. Section 6991(1)(A)(I) (including those defined by Section 9001(1) of the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Texas Water Code Annotated Section 26.344; and Title 30 of the Texas Administrative Code Sections 3343 and 334.4), whether empty, filled or partially filled with any substance; and Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F (8) any other hazardous material, hazardous waste, hazardous substance, solid waste, and toxic substance as those or similar terms are defined under any federal, state, or local environmental laws, rules, or regulations. k) OTHER DEFINITIONS As used in the Contract Documents, the following additional terms have the following meanings: (1) "provide" means to furnish, install, fabricate, deliver and erect, including all services, materials, appurtenances and other expenses to complete in place, ready for operation or use; (2) "shall" means the action of the party to which reference is being made is mandatory; (3) "as required" means as prescribed in the Contract Documents; and (4) "as necessary" means all action essential or needed to complete the work in accordance with the Contract Documents and applicable laws, ordinances, construction codes, and regulations. 1.2 EXECUTION, CORRELATION AND INTENT (a) The Building Construction Services Agreement shall be signed by duly authorized representatives of the Owner and Prime Contractor as provided in the Agreement. (b) Execution of the Building Construction Services Agreement by the Prime Contractor is a representation that the Prime Contractor has visited the site, has become familiar with local conditions, including but not limited to subsurface conditions, under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. (c) The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Prime Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Prime Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. (d) Organization of the Specifications into divisions, sections, and articles, and arrangement of Drawings shall not control the Prime Contractor in dividing the Work among Subcontractor(s) or in establishing the extent of Work to be performed by any trade. (e) Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F (� The Drawings and Specifications are intended to agree with one another, and Work called for by Drawings and not mentioned in Specifications, or vice versa, shall be furnished as if set forth by both. Specifications shall govern materials, methods and quality of work In the event of a conflict on the Drawings between scale and dimension, figured dimensions shall govern over scale dimensions and large scale drawings shall govern over small scale drawings. Conflict between two or more dimensions applying to a common point shall be referred to the Architect/Engineer/Engineer for final adjustment. If discrepancies or conflicts occur within or between the Drawings and Specifications regarding the Work, or within or between other Contract Documents, the Prime Contractor shall not perform such Work without having obtained a clarification from the Architect/Engineer and resolution by the Owner. The Owner's decision as to the appropriate resolution of a conflict or discrepancy shall be final. Should the Drawings or the Specifications disagree within themselves or with each other; the Base Bid will be based on the most expensive combination of quality and quantity of Work indicated. (g) Deviations from Contract Documents shall be made only after written approval is obtained from Architect/Engineer and Owner, as provided in Article 7. (h) The intention of the Contract Documents is to include all materials, labor, tools, equipment, utilities, appliances, accessories, services, transportation, and supervision required to completely perform the fabrication, erection and execution of the Work in its final position. (i) The most recently issued Drawing or Specification takes precedence over previous issues of the same Drawing or Specification. In the event of a conflict, the order of precedence of interpretation of the Contract Documents is as follows: (1) Amendments (see Paragraph 72 for order of precedence between Amendments); (2) the Building Construction Services Agreement; (3) addenda, with those addenda of later date having precedence over those of an earlier date; (4) the Supplementary General Conditions and Special Provisions, if any; (5) the General Conditions for Building Construction; (6) Othe Specifications and Drawings. 1.30WNERSHIP AND USE OF ARCHITECT/ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS All Drawings, Specifications, and copies thereof furnished by the Architect/Engineer are and Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F shall remain the property of the Owner and are, with the exception of the Contract set for each party, to be returned to the Owner upon request at the completion of the Work. 1.4 CAPITALIZATION Terms capitalized in these General Conditions include those which are: (1) specifically defined in these General Conditions (except the terms defined in Subparagraph l.l(j), which terms are of common grammatical usage and are not normally capitalized); (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs, and Clauses; (3) the titles of other documents published or used by the Owner as manuals or official policy statements; or (4) proper nouns or other words required under standard grammatical rules to be capitalized. ARTICLE 2 - THE OWNER 21 DEFINITION OF OWNER The Owner is the City of Denton, a Texas municipal corporation, and is identified as such in the Building Construction Services Agreement, and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representatives. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER (a) The Owner shall furnish the most recent survey describing the physical characteristics, legal limits, utility locations, and a permanent benchmark for the site of the Project. The Owner shall also furnish any environmental site assessments that may have been given to the Owner or conducted for the property upon which the Project is to be constructed. THIS INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIAL. (b) Except for permits and fees which are provided for in Subparagraph 3.7(a), the Owner shall secure and pay for necessary approvals, easements, assessments, and charges required for construction, use, or occupancy of permanent structures or for permanent changes in existing facilities. (c) Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Work It is incumbent upon the Prime Contractor to identify, establish, and maintain a current schedule of latest Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F dates for submittal and approval, as required in Paragraph 3.10, including when such information or services must be delivered. If Owner delivers the information or services to the Prime Contractor as scheduled and Prime Contractor is not prepared to accept or act on such information or services, then Prime Contractor shall reimburse Owner for all extra costs incurred of holding, storage, or retention, including redeliveries by the Owner to comply with the current schedule. (d) Unless otherwise provided in the Contract Documents, the Prime Contractor will be furnished electronic copies of the Drawings and Specifications for bid purposes and one hard copy approved by Building Inspections upon execution of the Contract. Prime Contractor may obtain additional copies by paying the cost of additional printing or reproduction. (e) The obligations described above are in addition to other duties and responsibilities of the Owner enumerated in the Contract Documents and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9(Payments and Completion), and Article 11 (Insurance and Bonds). (� The Owner shall forward all instructions to the Prime Contractor through the Architect/Engineer, except for the Owner's Notice to Proceed and the Owner's decision to carry out Work as described in Paragraph 2.4. (g) The Owner's employees, agents, and consultants may be present at the Project site during performance of the Work to assist the Architect/Engineer in the performance of the Architect/Engineer's duties and to verify the Prime Contractor's record of the number of workmen employed on the Work, their occupational classification, the time each is engaged in the Work, the equipment used in the performance of the Work, and for purpose of verification of Prime Contractor's Applications for Payment. 2.3 OWNER'S RIGHT TO STOP THE WORK If the Prime Contractor fails to correct any portion of the Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 122 or refuses or fails to carry out all or any part of the Work in accordance with the Contract Documents, the Owner, by written order, may order the Prime Contractor to stop the Work, or any portion of the Work, until the cause for the order has been eliminated. The right of the Owner however, to stop the Work shall not create or imply a duty on the part of the Owner to exercise this right for the benefit of the Prime Contractor or any other person or entity. The rights of the Owner under this Paragraph 2.3 shall be in addition to, and not in restriction of, the Owner's rights under Paragraph 12.2. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK If the Prime Contractor fails or refuses to carry out the Work or perform any of the terms, covenants, or obligations of the Contract Documents, and fails or refuses to correct any failure or refusal with diligence and promptness within fourteen (14) days after receipt of written notice from the Owner, the Owner may correct the Prime Contractor's failure or refusal or cause such failure or refusal to be corrected, without affecting, superseding, or waiving any other contractual, legal, or equitable remedies the Owner has, including but not limited to the Owner's termination rights under Article 13. In that case, an appropriate Change Order will be issued deducting the Owner's cost of correction, including Architect/Engineer's compensation Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F for additional services and expenses made necessary by the failure or refusal of the Prime Contractor from payments then or thereafter due to the Prime Contractor. The cost of correction is subject to verification (but not approval) by the Architect/Engineer. If payments then or thereafter due the Prime Contractor are not sufficient to cover the cost of correction, the Prime Contractor shall pay the difference to the Owner. 2.5 NOTICE TO PROCEED After final execution of the Contract and receipt and approval of the required performance and payment bonds and evidence of required insurance, the Owner will issue a written Notice to Proceed with the Work, including the designated Contract Time within which Substantial Completion of the Work must be achieved. If the Owner unreasonably delays issuance of a written Notice to Proceed through no fault of the Prime Contractor, the Prime Contractor shall be entitled only to an equitable adjustment of the Contract Time, if properly claimed pursuant to the requirements of Paragraph 43; but the Prime Contractor shall not be entitled to any increase to the Contract Sum whatsoever for this reason. ARTICLE 3 - THE CONTRACTOR 31 DEFINITION OF CONTRACTOR The Prime Contractor is the person or business entity identified as such in the Building Construction Services Agreement, and is referred to throughout the Contract Documents as if singular in number. The term "Prime Contractor" means the Prime Contractor or the Prime Contractor's authorized employees or representatives. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR (a) The Prime Contractor shall carefully check, study, and compare the Contract Documents with each other and shall at once report to the Architect/Engineer in writing any inconsistency, ambiguity, error, omission, conflict, or discrepancy the Prime Contractor may discover. The Prime Contractor shall also verify all dimensions, field measurements, and field conditions before laying out the Work The Prime Contractor will be held responsible for any subsequent error, omission, conflict, or discrepancy which might have been avoided by the above-described check, study, comparison, and reporting. In the event the Prime Contractor continues to work on an item where an inconsistency, ambiguity, error, omission, conflict, or discrepancy exists without obtaining such clarification or resolution or commences an item of the Work without giving written notice of an error, omission, conflict, or discrepancy that might have been avoided by the check, study, and comparison required above, it shall be deemed that the Prime Contractor bid and intended to execute the more stringent, higher quality, or state of the art requirement, or accepted the condition "as is" in the Contract Documents, without any increase to the Contract Sum or Contract Time. The Prime Contractor shall also be responsible to correct any failure of component parts to coordinate or fit properly into final position as a result of Prime Contractor's failure to give notice of and obtain a clarification or resolution of any error, Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F omission, conflict, or discrepancy, without any right to any increase to the Contract Sum or Contract Time. (b) The Prime Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 312. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES (a) The Prime Contractor shall supervise and direct the Work, using the Prime Contractor's best skill and attention. The Prime Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work, unless the Contract Documents set forth specific instructions concerning these matters. (b) The Prime Contractor shall be responsible to the Owner for the acts and omissions of the Prime Contractor's employees, Subcontractors, Sub-subcontractors, and their respective agents and employees, and any other persons performing portions of the Work under a subcontract with the Prime Contractor, or with any Subcontractor, and all other persons or entities for which the Prime Contractor is legally responsible. All labor shall be performed by mechanics that are trained and skilled in their respective trades. Standards of work required throughout shall be of a quality that will bring only first class results. Mechanics whose work is unsatisfactory, or who are considered careless, incompetent, unskilled, or otherwise objectionable shall be dismissed promptly from the Work and immediately replaced with competent, skilled personnel. Any part of the Work adversely affected by the acts or omissions of incompetent, unskilled, careless, or objectionable personnel shall be immediately corrected by the Prime Contractor. (c) The Prime Contractor shall not be relieved of its obligation to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect/Engineer in the Architect/Engineer's administration of the Contract, or by tests, inspections, or approvals required or performed by persons other than the Prime Contractor. (d) The Prime Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work The Prime Contractor's responsibility under this paragraph will not in any way eliminate the Architect/Engineer's responsibility to the Owner under the Architect/Engineer/Owner Agreement. (e) Any Prime Contractor, Subcontractor, Sub-subcontractor, or separate contractor who commences Work over, in, or under any surface prepared by the Owner or by any other contractor, subcontractor, sub-subcontractor or any separate contractor, without the Prime Contractor having given written notice to the Architect/Engineer of the existence of any faulty surface or condition in the surface that prevents achieving the quality of workmanship specified by the Contract Documents and without having obtained the prior approval of the Architect/Engineer and the Owner to proceed is deemed to have accepted the surface or condition in the surface as satisfactory at the commencement of such Work. Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F Any unsatisfactory Work subsequently resulting from such a faulty surface or condition in the surface that was not pre-approved by the Architect/Engineer or the Owner after notice as provided above may be rejected and replacement required, without any increase to the Contract Sum or Contract Time. (� All grades, lines, levels, and benchmarks shall be established and maintained on an ongoing basis by the Prime Contractor. The Prime Contractor is solely responsible for any errors made in establishing or maintaining proper grades, lines, levels, or benchmarks. Contractor shall verify all grades, lines, levels, and dimensions as indicated on Drawings. He shall report any errors, omissions, conflicts, or inconsistencies to Architect/Engineer before commencing any Work affected by these conditions. Contractor shall establish and safeguard benchmarks in at least two widely separated places and, as Work progresses, establish benchmarks at each level and lay out partitions on rough floor in exact locations as guides to all trades. The Contractor shall, from the permanent benchmark provided by the Owner, establish and maintain adequate horizontal and vertical control. 3.4 LABOR AND MATERIALS (a) Except as is otherwise specifically provided in the Contract Documents as being the responsibility of the Owner, the Prime Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. (b) The Prime Contractor shall enforce strict discipline and good order among the Prime Contractor's employees and all other persons carrying out the Contract. The Prime Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. (c) The Prime Contractor shall give preference, when qualified labor is available to perform the Work to which the employment relates, to all labor hired for the Project in the following order: (1) residents of the City of Denton, Texas; (2) residents of the County of Denton, Texas; 3.5 WARRANTY (a) General Warranty. The Contractor warrants to the Owner that all Work shall be accomplished in a good and workmanlike manner and that all materials and equipment furnished under the Contract will be of good quality, new (unless otherwise specified), and free from faults or defects, and that the Work will otherwise conform to the Contract Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, will be considered defective or nonconforming. The Contractor's warranty excludes any remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect/Engineer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The commencement date, duration, and other conditions related to the scope of this general warranty are established in Subparagraphs 9.9 (a) and 12.2(b) of these General Conditions. THE GENERAL WARRANTY PROVIDED IN THIS SUBPARAGRAPH IS IN ADDITION TO AND DOES NOT LIMIT OR DISCLAIM ANY OTHER WARRANTY OR REMEDY REQUIRED OR PROVIDED BY LAW OR THE CONTRACT DOCUMENTS AND SUCH WARRANTY SHALL REQUIRE THE CONTRACTOR TO REPLACE DEFECTNE MATERIALS AND RE-EXECUTE DEFECTNE WORK THAT IS DISCLOSED BY THE OWNER TO THE CONTRACTOR WITHIN A PERIOD OF TWO (2) YEARS AFTER SUBSTANTIAL COMPLETION OF THE ENTIRE WORK; OR, IF A LATENT DEFECT IS DISCOVERED WITHIN TWO YEARS OF SUBSTATIONAL COMPLETION OF THE ENTIRE WORK. (b) Special Warranties. The Contractor shall assign to the Owner in writing, as a condition precedent to final payment, the terms and conditions of all special warranties required under the Contract Documents. 3.6 TAXE S The Owner qualifies for exemption from state and local sales and use taxes, pursuant to the provisions of Section 151.309 of the Texas Tax Code, as amended. Therefore, the Owner shall not be liable for, or pay the Contractor's cost of, such sales and use taxes which would otherwise be payable in connection with the purchase of tangible personal property furnished and incorporated into the real property being improved under the Contract Documents or the purchase of materials, supplies and other tangible personal property, other than machinery or equipment and its accessories and repair and replacement parts, necessary and essential for performance of the Contract which is to be completely consumed at the job site. The Contractor shall issue an exemption certificate in lieu of the tax on such purchases. 3.7 PERMITS, FEES AND NOTICES (a) The Architect/Engineer will apply and arrange for the issuance of the City of Denton Building Permit. The Prime Contractor and Subcontractors will apply and arrange for the issuance of all other required permits, and will not be required to pay a fee for any City of Denton permits required for the Project. The Owner will pay all service extension charges, including tap fees, assessed by the Water Utilities Department. (b) The Prime Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of governmental entities or agencies applying to performance of the Work. Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F (c) Except as provided in Subparagraph (d) below, it is not the Prime Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, ordinances, construction codes, and rules and regulations. However, if the Prime Contractor observes that portions of the Contract Documents are at variance with applicable laws, ordinances, construction codes, rules or regulations, the Prime Contractor shall promptly notify the Architect/Engineer and the Owner in writing, and necessary changes shall be accomplished by appropriate Amendment. (d) If the Prime Contractor performs Work knowing it to be contrary to laws, ordinances, construction codes, or rules and regulations without notifying the Architect/Engineer and the Owner, the Prime Contractor shall assume full responsibility for the Work and shall bear the attributable costs of the correction of the Work and any other Work in place that may be adversely affected by the corrective work. 3.8 ALLOWANCES (a) The Prime Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for the amounts identified in the Contract and by persons or entities as the Owner may direct, but the Prime Contractor shall not be required to employ persons or entities against which the Prime Contractor makes reasonable objection. (b) Unless otherwise provided in the Contract Documents: (1) materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; (2) the amount of each allowance shall cover the cost to the Prime Contractor of materials and equipment delivered at the site less all exempted taxes and applicable trade discounts; (3) the amount of each allowance includes the Prime Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance Work; (4) whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect: (i) the difference between actual costs and the allowances under Clause (b) (2); and (ii) changes in Contractor's costs under Clause (b) (3); (5) the Owner retains the right to review and approve Subcontractors selected by the Prime Contractor to perform work activities covered by allowances. 3.9 SUPERINTENDENT Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F The Prime Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project Site during performance of the Work The superintendent shall represent the Prime Contractor, and communications given to the superintendent shall be as binding as if given to the Prime Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The Owner reserves the right to request that the Prime Contractor replace its superintendent at any time and the Prime Contractor will replace said superintendent at the Owner's direction. 310 PRIME CONTRACTOR'S CONSTRUCTION SCHEDULES (a) The Prime Contractor shall, immediately after award of the Contract and before submittal of the first Application for Payment, prepare and submit the construction schedule for the Architect/Engineer's and Owner's information, review, and approval in accordance with the following provisions: (1) Unless otherwise approved in writing by the Owner, the construction schedule shall not exceed the Contract Time limits currently in effect under the Contract Documents and shall provide for expeditious and practicable execution of the Work. (2) The construction schedule shall include all shop drawing and submittal data requirements, indicating for each: (i) the latest date to be submitted by the Prime Contractor; and (ii) the latest date for approval by the Architect/Engineer. (3) The construction schedule shall be in the form of a critical path management schedule, and shall indicate each critical task (the "predecessor") of all the major construction activities of the Work in a logical and sequential order (the "project network") which requires completion prior to commencement of the task next following (the "successor"). Each task shall be identified with: (i) actual work time, exclusive of slack time, for accomplishment; (ii) the latest start date; (iii) the latest finish date; (iv) the amount of float associated with each task; (v) the amount of labor, material, and equipment associated with each task; and (vi) the percentage of completion as of the date of the current schedule. (4) The construction schedule shall be revised and updated monthly to reflect the actual status of the Work and shall be submitted with each Application for Payment. (5) On or before the first day of each month, following the date of commencement of the Work as stated in the notice to proceed, the Prime Contractor shall prepare and submit Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F to the Architect/Engineer and the Owner an up-to-date status report of the progress of the various construction phases of the Work in the form of an updated construction schedule. This status report shall consist of a time scale drawing indicating actual progress of the various phases of the Work and the percentage of completion of the entire Work The original construction schedule shall be updated or changed to indicate any adjustments to the Contract Time granted by the Owner. The updated schedule must be submitted with the Prime Contractor's Application for Payment. No such application will be certified without a satisfactory update to the construction schedule. (6) The construction schedule will also be revised to show the effect of change orders and other events on Contract Time. No request for an increase in Contract Time will be considered unless it is accompanied by a schedule revision demonstrating the amount of time related to the cause of the request. If the Contractor's status schedules reflect that the Prime Contractor has fallen behind the pace required to complete the Work within the Contract Time, through no fault of the Owner, the Prime Contractor shall prepare a recovery schedule demonstrating how it intends to bring its progress back within the Contract Time. This recovery schedule shall be in a form acceptable to the Owner. (7) Costs incurred by the Prime Contractor in preparing and maintaining the required construction schedule, any updated schedule, and any recovery schedule required by the Owner will not be paid as an additional or extra cost and shall be included in the Contract Sum. (8) The Contract Sum is deemed to be based upon a construction schedule requiring the full Contract Time. NO CLAIM FOR ADDITIONAL COMPENSATION SHALL BE ALLOWED AS A RESULT OF THE PRIME CONTRACTOR BASING HIS BID ON AN EARLY COMPLETION SCHEDULE, OR AS A RESULT OF DELAYS AND COSTS ATTRIBUTABLE TO COMPLETION LATER THAN THE PLANNED EARLY COMPLETION DATE. (b) The Prime Contractor shall also prepare and keep current, for the Architect/Engineer's approval, a schedule of submittals which is coordinated with the Prime Contractor's construction schedule and allows the Architect/Engineer reasonable time to review submittals. (c) The Prime Contractor shall conform to the most recent schedules approved as to form by the Architect/Engineer and the Owner. Any subsequent revisions made by the Prime Contractor to schedules in effect shall conform to the provisions of Subparagraph 3.10(a) (d) If the Work falls behind the approved construction schedule, the Prime Contractor shall take such steps as may be necessary to improve his progress, and the Architect/Engineer and the Owner may require him to increase the number of shifts, overtime operations, days of work, or the amount of construction plant, and to submit for approval revised schedules in the form required above in order to Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F demonstrate the manner in which the agreed rate of progress will be regained, all without additional cost to the Owner. 3.11 DOCUMENTS AND SAMPLES AT THE PROJECT SITE The Contractor shall maintain at the Project site for the Owner one record copy of the Drawings, Specifications, addenda, and Amendments in good order and marked currently to record changes and selections made during construction, and in addition shall maintain at the Project site approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be available to the Architect/Engineer and shall be delivered to the Architect/Engineer for submittal to the Owner upon completion of the Work. 312 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES (a) Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, materialmen, manufacturer(s), supplier(s), or distributor(s) to illustrate some portion of the Work. (b) Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (c) Samples are physical examples which illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged. (d) Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect/Engineer is subject to the limitations of Paragraph 42. (e) The Prime Contractor shall review, approve and submit to the Architect/Engineer Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner, or of separate contractors. Submittals made by the Prime Contractor which are not required by the Contract Documents may be returned without action. (� The Prime Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples, or similar submittals until the respective submittal has been approved by the Architect/Engineer. Work requiring this submittal and review shall be in accordance with approved submittals and any identified exceptions noted by the Architect/Engineer. (g) By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Prime Contractor represents that the Prime Contractor has determined and verified materials, field measurements, and related field construction criteria, or will do so, and has checked and coordinated the information contained within submittals with the requirements of the Work and of the Contract Documents. The Prime Contractor's attention Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F is directed to Paragraph 3.2 of these General Conditions and the requirements stated in that Paragraph. (h) The Prime Contractor shall not be relieved of responsibility for deviations, substitutions, changes, additions, deletions or omissions from requirements of the Contract Documents by the Architect/Engineer's approval of Shop Drawings, Product Data, Samples, or similar submittals unless the Prime Contractor has specifically informed the Architect/Engineer in writing of such substitutions, changes, additions, deletions, omissions, or deviations involved in the submittal at the time of submittal and the Architect/Engineer, subject to a formal Change Order signed by the Owner, Architect/Engineer and Prime Contractor, has given written approval to the specific substitutions, changes, additions, deletions, omissions, or deviations. The Prime Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals by the Architect/Engineer's approval thereof. Further, notwithstanding any approval of a submittal by the Architect/Engineer, the Prime Contractor shall be responsible for all associated Proj ect costs, including costs of coordination's, modifications, or impacts, direct or indirect, resulting from any and all substitutions, changes, additions, deletions, omissions, or deviations, whether or not specifically identified by the Prime Contractor to the Architect/Engineer at the time of the above-mentioned submittals, including additional consulting fees, if any, in any and all accommodations associated with such substitutions, changes, additions, deletions, omissions, or deviations to the requirements of the Contract Documents. (i) The Prime Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to additional revisions other than those requested by the Architect/Engineer on previous submittals. In the absence of such written notice, the Architect/Engineer's approval of a resubmission shall not apply to the additional revisions not requested. (j) Informational submittals upon which the Architect/Engineer is not expected to take responsive action may be so identified in the Contract Documents. (k) When professional certification of performance criteria of materials, systems, or equipment is required by the Contract Documents, the Architect/Engineer shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.13 USE OF THE PROJECT SITE The Prime Contractor shall confine operations at the Project site to areas permitted by law, ordinances, permits, and the Contract Documents and shall not unreasonably encumber the Project site with materials or equipment. 314 CUTTING AND PATCHING (a) The Prime Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. (b) The Prime Contractor shall not damage or endanger a portion of the Work or any fully or partially completed construction of the Owner or separate contractors by cutting, patching, or otherwise altering the construction, or by excavating. The Prime Contractor Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F shall not cut or otherwise alter the construction by the Owner or a separate contractor except with the written consent of the Owner and of the separate contractor; consent shall not be unreasonably withheld. The Prime Contractor shall not unreasonably withhold from the Owner or a separate contractor the Prime Contractor's consent to cutting or otherwise altering the Work. (c) A"Hot Work Permit" must be obtained from the City of Denton's Facilities Management Department, 869 S. Woodrow Lane, Denton, Texas (940 349-7200) for any temporary operation involving open flames or producing heat and/or sparks. This includes, but is not limited to: Brazing, Cutting, Grinding, Soldering, Torch Applied Roofing and Welding. 315 CLEANING UP (a) The Prime Contractor shall keep the Proj ect site and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. Upon the completion of the Work the Prime Contractor shall remove from and about the Project site all waste materials, and rubbish, and all of the Prime Contractor's tools, construction equipment, machinery, and surplus materials. (b) If the Prime Contractor fails to clean up as provided in the Contract Documents, the Owner may, at Owner's option, clean up the Proj ect site, and the Owner's cost of cleaning up shall be charged to the Contractor. 316 ACCESS TO WORK The Prime Contractor shall provide the Owner and the Architect/Engineer access to the Work in preparation and progress wherever located during the course of construction. 3.17 TESTS AND INSPECTIONS (a) Tests, inspections, and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations, or orders of governmental entities or agencies having jurisdiction over the Work shall be made at appropriate times. Unless otherwise provided, the Prime Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner or with the appropriate governmental entity or agency, and the Prime Contractor shall bear all related costs of tests, inspections, and approvals. The Prime Contractor shall give the Architect/Engineer timely notice of when and where tests and inspections are to be made so the Architect/Engineer may observe such procedures. The Owner shall bear costs of tests, inspections, or approvals which become requirements after bids or proposals are received. (b) If the Architect/Engineer, the Owner or other public authorities having jurisdiction over the Work determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 3.17(a), the Architect/Engineer will, upon written authorization from the Owner, instruct the Prime Contractor to make arrangements Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Prime Contractor shall give timely notice to the Architect/Engineer of when and where tests and inspections are to be made so that the Architect/Engineer may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 3.17(c). (c) If procedures for testing, inspection, or approval under Subparagraphs 3.17(a) and 3.17(b) reveal deficiencies or nonconformities in the Work, the Prime Contractor shall bear all costs made necessary to correct the deficiencies or nonconformities, including those of repeated procedures and compensation for the Architect/Engineer's services and expenses, if any. The Prime Contractor shall bear the costs of any subsequent testing, inspection, or approval of the corrected Work. (d) Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Prime Contractor and promptly delivered to the Architect/Engineer. (e) If the Architect/Engineer is to observe tests, inspections or approvals required by the Contract Documents, the Architect/Engineer will do so promptly and, where practicable, at the normal place of testing or inspection. (� Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 318 ROYALTIES AND PATENTS The Contractor shall pay all royalties and license fees. CONTRACTOR SHALL COMPLETELY DEFEND, INDEMNIFY AND HOLD OWNER AND ARCHITECT/ENGINEER HARMLESS FROM ANY AND ALL LIABII,ITIES, SUITS OR CLAIMS FOR INFRINGEMENT OF PATENT RIGHTS, REGARDLESS OF WHETHER OR NOT THE OWNER OR THE ARCHITECT/ENGINEER SPECIFIED A PARTICULAR DESIGN, PROCESS OR PRODUCT IN THE CONTRACT DOCUMENTS THAT MAY BE THE SUBJECT OF A PATENT INFRINGEMENT OR OTHERWISE ACTNELY INDUCED OR CONTRIBUTED TO THE PATENT INFRINGEMENT. In the event the Prime Contractor has reason to believe that a particular design, process or product specified infringes a patent, the Prime Contractor shall immediately notify the Owner and the Architect/Engineer of same. 319 INDEMNIFICATION (a) THE PRIME CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE OWNER, ITS OFFICERS, AGENTS AND EMPLOYEES, AND THE ARCHITECT/ENGINEER, HARMLESS AGAINST ANY AND ALL CLAIMS, LIABII,ITIES, LAWSUITS, NDGMENTS, FINES, PENALTIES, COSTS AND EXPENSES FOR PERSONAL INNRY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM OR VIOLATIONS FOR WHICH RECOVERY OF Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F DAMAGES, FINES, OR PENALTIES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED BY CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS CONTRACT, VIOLATIONS OF LAW, OR BY ANY NEGLIGENT, GROSSLY NEGLIGENT, INTENTIONAL, OR STRICTLY LIABLE ACT OR OMISSION OF THE PRIME CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, OR SUB-SUBCONTRACTORS AND THEIR RESPECTNE OFFICERS, AGENTS, OR REPRESENTATNES, OR ANY OTHER PERSONS OR ENTITIES FOR WHICH THE PRIME CONTRACTOR IS LEGALLY RESPONSIBLE IN THE PERFORMANCE OF THIS CONTRACT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABII,ITY RESULTING FROM THE SOLE NEGLIGENCE OR FAULT OF THE OWNER, ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, OR OF THE ARCHITECT/ENGINEER, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OR FAULT OF THE CONTRACTOR, THE OWNER, AND THE ARCHITECT/ENGINEER, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED IN ACCORDANCE WITH THE LAW OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WANING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE OWNER UNDER TEXAS LAW, AND WITHOUT WANING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER THIRD PERSON OR ENTITY. (b) In claims against any person or entity indemnified under this Paragraph 3.19 by an employee of the Prime Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 3.19 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Prime Contractor or any Subcontractor, under workers compensation acts, disability benefit acts or other employee benefit acts. (c) Indemnification under this Paragraph 3.19 shall include, but is not limited to, liability which could result to or be created for the Owner, its officers, agents, or employees, or the Architect/Engineer pursuant to State or Federal laws or regulations relating to pollution of the environment and State or Federal laws or regulations relating to the occupational safety and health of workers. The Prime Contractor specifically agrees to comply with the above- mentioned laws and regulations in the performance of the Work by the Prime Contractor and that the obligations of the Owner, its officers, agents, and employees, and the Architect/Engineer under the above-mentioned laws and regulations are secondary to those of the Prime Contractor. ARTICLE 4 - CONTRACT ADMINISTRATION 41 THE DESIGN PROFESSIONAL (ARCHITECT/ENGINEER) (a) The design professional is the person lawfully licensed to practice architecture or engineering or a firm or other business entity lawfully practicing architecture/engineering Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F identified as such in the formal Building Construction Services Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect/Engineer" means the Architect/Engineer or the Architect/Engineer's authorized representative. The Owner may, at its option, designate a qualified Owner representative to serve as the Architect/Engineer on the Project instead of an outside firm or person. In such event, the references in these General Conditions that refer to the Architect/Engineer shall apply to the Owner-designated Architect/Engineer representative and the Owner- designated Architect/Engineer representative shall be accorded that same status by the Prime Contractor. (b) In the event the Architect/Engineer is an outside person or firm and the Architect/Engineer's employment is terminated, the Owner may, at its option, contract with a new outside Architect/Engineer to replace the former, or may designate a qualified Owner representative to serve as the Architect/Engineer. The replacement Architect/Engineer, whether an Owner representative, an independent Architect/Engineer or any other qualified person or entity, shall be regarded as the Architect/Engineer for all purposes under the Contract Documents and shall be accorded that same status by the Prime Contractor. Any dispute in connection with such appointment shall be reviewed and settled by the Owner, whose decision shall be final and binding. (c) Owner reserves the right to appoint a representative empowered to act for the Owner during the Construction Phase and to supersede the Architect/Engineer's Construction Phase responsibility. Similarly, from time to time the Owner may expand or reduce the Owner's delegation of powers to the Architect/Engineer, with the Owner notifying the Prime Contractor of any such changes. The Architect/Engineer shall not be construed as a third party beneficiary to the Contract and can in no way object to any expansion or reduction of powers as set forth in this Subparagraph (c). In no event, however, shall the Owner have control over charge of, or be responsible for, construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the Work since these are solely the Contractor's responsibility. The Owner will not be responsible for the Prime Contractor's failure to carry out the Work in accordance with the Contract Documents. The Owner will not have control over or charge of and will not be responsible for acts or omissions of Prime Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2 ARCHITECT/ENGINEER'S RESPONSIBILITIES DURING CONSTRUCTION (a) The Architect/Engineer will administer the Contract as described in the Contract Documents and in accordance with the terms of the Architect/Engineer's agreement with the Owner, where applicable, subject to the direction and approval of the Owner. If requested by the Prime Contractor, the provisions of the Owner/Architect/Engineer Agreement will be made available to the Prime Contractor. (b) The Architect/Engineer shall provide, during performance of the Work, adequate and competent periodic on-site construction observation, periodically visiting the Project site Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F to the extent necessary to personally familiarize themselves with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Architect/Engineer shall not, however, be required to make continuous on-site inspections to check the Work Field reports of each visit shall be prepared by the Architect/Engineer and submitted to the Owner. The Architect/Engineer shall employ all reasonable measures to safeguard the Owner against defects and nonconformities in the Work The Architect/Engineer shall not be responsible for the construction means, methods, techniques, sequences of procedures, nor for the safety precautions and programs employed in connection with the Work The Architect/Engineer will, however, immediately inform the Owner whenever defects or nonconformities in the Work are observed, or when any observed actions or omissions are undertaken by the Prime Contractor or any Subcontractor which are not in the best interests of the Owner or the Proj ect. (c) The Architect/Engineer and the Owner will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Prime Contractor's responsibility as provided in Paragraph 4.3. The Architect/Engineer and the Owner will not be responsible for the Prime Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect/Engineer and the Owner will not have control over or charge of and will not be responsible for acts or omissions of the Prime Contractor, Subcontractors, Sub-subcontractors, or their respective agents or employees, or of any other persons performing portions of the Work for which the Prime Contractor is responsible. (d) Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Prime Contractor shall endeavor to communicate through the Architect/Engineer. Communications by and with the Architect/Engineer's consultants shall be through the Architect/Engineer. Communications by and with Subcontractors and material suppliers shall be through the Prime Contractor. Communications by and with separate contractors will be through the Owner. The Prime Contractor shall provide written confirmation of communications made directly with the Owner and provide copies of such confirmation to the Architect/Engineer. (e) Based on the Architect/Engineer's observations and evaluations of the Prime Contractor's Applications for Payment, the Architect/Engineer will review and certify the amounts due the Prime Contractor and will issue Certificates for Payment in such amounts. (� The Architect/Engineer and the Owner will each have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect/Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect/Engineer will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 3.17(b) and 3.17(c), whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect/Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Architect/Engineer to the Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F Prime Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the Work. (g) The Architect/Engineer will review and approve or take other appropriate action upon the Prime Contractor's submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect/Engineer's action will be taken with such reasonable promptness as to not delay the Work or the activities of the Owner, Contractor, or separate contractors. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Prime Contractor as required by the Contract Documents. The Architect/Engineer's review of the Prime Contractor's submittals shall not relieve the Prime Contractor of any obligations under Paragraphs 3.3, 3.5, and 3.12. The Architect/Engineer's review shall not constitute approval of safety precautions or, unless otherwise specifically stated in writing by the Architect/Engineer, of any construction means, methods, techniques, sequences, or procedures. The Architect/Engineer's approval of a specific item shall not indicate approval of an assembly of which the item is a component. (h) The Architect/Engineer will prepare Change Orders and may authorize minor changes in the Work as provided in Paragraph 7.3. (i) The Architect/Engineer will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Prime Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. (j ) If the Owner and Architect/Engineer agree, the Architect/Engineer will provide one or more Project representatives to assist in carrying out the Architect/Engineer's responsibilities at the site. The duties, responsibilities, and limitations of authority of such Project representatives shall be as set forth in an exhibit to be incorporated into the Contract Documents. (k) The Architect/Engineer will interpret and make recommendations to the Owner concerning performance under and requirements of the Contract Documents upon written request of either the Owner or Contractor. The Architect/Engineer's response to such requests will be made with reasonable promptness and within any time limits agreed upon. The Architect/Engineer shall secure the Owner's written approval before issuing instructions, interpretations, or judgments to the Prime Contractor which change the scope of the Work or which modify or change the terms and conditions of any of the Contract Documents. (1) Interpretations and decisions of the Architect/Engineer will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F of Drawings. When making such interpretations and decisions, the Architect/Engineer will endeavor to secure faithful performance by the Prime Contractor. (m)The Architect/Engineer's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents; provided that the Architect/Engineer has the prior written approval of the Owner. 4.3 CLAIMS AND DISPUTES (a) Definition; General Notice of Claim Procedure. As used in these General Conditions, a "Claim" means a demand or assertion by one of the parties to the Contract seeking an adjustment of the terms of the Contract Documents, of the Contract Sum, of the Contract Time, or some other relief in respect to the terms of the Contract Documents. The term also includes all other disputes between the Owner and the Contractor arising out of or relating to the Proj ect or the Contract Documents, including but not limited to claims that work was outside the scope of the Contract Documents. The responsibility to substantiate the Claim and the burden of demonstrating compliance with this provision shall rest with the party making the Claim. Except where otherwise provided in the Contract Documents, a Claim by the Prime Contractor, whether for additional compensation, additional time, or other relief, including but not limited to claims arising from concealed conditions, WITHOUT EXCEPTION, MUST BE MADE BY WRITTEN NOTICE TO THE ARCHITECT/ENGINEER AND TO THE OWNER WITHIN FOURTEEN (14) DAYS IMMEDIATELY AFTER OCCURRENCE OF THE EVENT OR EVENTS GNING RISE TO THE PARTICULAR CLAIM. Every Claim of the Prime Contractor, whether for additional compensation, additional time, or other relief, including but not limited to claims arising from concealed conditions, shall be signed and sworn to by an authorized corporate officer (if not a corporation, then an official of the company authorized to bind the Prime Contractor by his signature) of the Prime Contractor, verifying the truth and accuracy of the Claim. THE PRIME CONTRACTOR SHALL BE CONCLUSNELY DEEMED TO HAVE WANED ANY CLAIM NOT MADE STRICTLY IN ACCORDANCE WITH THE PROCEDURES AND TIME LIMITS SET OUT IN THIS PARAGRAPH. (b) Referral to the Architect/Engineer. Claims, disputes, and other matters in question between the Prime Contractor and the Owner relating to the progress or execution of the Work or the interpretation of the Contract Documents shall be referred to the Architect/Engineer for recommendation to the Owner, which recommendation the Architect/Engineer will furnish in writing within a reasonable time, provided proper and adequate substantiation has been received. Failure of the Prime Contractor to submit the Claim to the Architect/Engineer for rendering of a recommendation to the Owner shall constitute a waiver of the Claim. (c) Continuing Contract Performance. Pending final resolution of a claim the Prime Contractor shall proceed diligently with performance of the Work and the Owner shall continue to make payments in accordance with the Contract Documents. (d) Claims for Concealed or Unknown Conditions. No adjustment in the Contract Sum or Time associated with concealed or unknown conditions will normally be considered or allowed; Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F provided, however, that the Contract Sum or Time may be adjusted by the Owner in such circumstances only if: (1) a concealed subsurface condition is encountered in the course of performance of the Work; (2) a concealed or unknown condition in an existing structure is at variance with conditions indicated by the Contract Documents; or (3) an unknown physical condition is encountered below the surface of the ground or in an existing structure which is of an unusual nature and materially different from those ordinarily encountered and generally recognized as inherent in the character of the Work; and (4) a notice of claim with proper and adequate substantiation is presented pursuant to Subparagraph 4.3(a) of these General Conditions; and (5) the Owner and the Architect/Engineer determine that: (i) prior to submitting its bid for the Work, the Contractor used reasonable diligence to fully inspect the portion of the Project site where the condition was discovered; and (ii) the work caused or required by the concealed or unknown condition at issue can be considered extra work to the extent that additional new Drawings must be prepared and issued and new construction beyond the scope of the Contract Documents is required. (e) Disclaimer of Warranties as to Reports, Drawings, and Specifications. PROJECT SITE INFORMATION AND REPORTS (INCLUDING BUT NOT LIMITED TO SOII,S TESTING REPORTS, GEOTECHNICAL REPORTS, OR ENVIRONMENTAL SITE ASSESSMENTS) PROVIDED BY THE OWNER AND THE ARCHITECT/ENGINEER IN THE PROJECT MANUAL OR BY OTHER MEANS SHALL BE UTILIZED BY THE PRIME CONTRACTOR AT THE PRIME CONTRACTOR'S OWN RISK. THE OWNER AND THE ARCHITECT/ENGINEER DO NOT GUARANTEE OR WARRANT ANY INFORMATION SHOWN IN THE PROJECT SITE INFORMATION AND REPORTS. (� Claims for Additional Cost. If the Prime Contractor wishes to make a claim for an increase in the Contract Sum, written notice as provided in this Paragraph 4.3 shall be given before proceeding to execute the Work Prior notice is not required for claims relating to an emergency endangering life or property arising under Paragraph 10.3. In addition, the Prime Contractor's request for an increase in the Contract Sum for any reason (other than work performed under emergency conditions) shall be made far enough in advance of required work to allow the Owner and the Architect/Engineer a sufficient amount of time, without adversely affecting the construction schedule, to review the request, prepare and distribute such additional documents as may be necessary to obtain suitable estimates or proposals and to negotiate, execute and distribute a Change Order for the required work if the Prime Contractor believes that additional cost is involved for reasons including but not limited to: (1) a written interpretation from the Architect/Engineer; Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F (2) a written order for a minor change in the Work issued by the Architect/Engineer; (3) failure of payment by the Owner; (4) termination of the Contract by the Owner; (5) the Owner's temporary suspension of all or any portion of the Work where the Prime Contractor was not at fault; or (6) other reasonable grounds. (g) Injury or Damage to Person or Property. If the Prime Contractor suffers injury or damages to person or property because of an act or omission of the Owner, or of any of the Owner's officers, employees or agents, written, sworn-to notice of any claim for damages or injury shall be given as provided in Subparagraph 43(a). The notice shall provide sufficient detail to enable the Architect/Engineer and the Owner to investigate the matter. (h) Subcontractor Pass-Through Claims. In the event that any Subcontractor of the Prime Contractor asserts a claim to the Prime Contractor, that the Prime Contractor seeks to pass through to the Owner under the Contract Documents, any entitlement of the Prime Contractor to submit and assert the claim against the Owner shall be subject to: (1) the requirements of Paragraph 4.3 of these General Conditions; and (2) the following additional three requirements listed below, all three of which additional requirements shall be conditions precedent to the entitlement of the Prime Contractor to seek and assert such claim against the Owner: (ii) The Prime Contractor shall either (A) have direct legal liability as a matter of contract, common law, or statutory law to the Subcontractor for the claim that the Subcontractor is asserting or (B) the Prime Contractor shall have entered into a written liquidating agreement with the Subcontractor, under which agreement the Prime Contractor has agreed to be legally responsible to the Subcontractor for pursuing the assertion of such claim against the Owner under the Contract and for paying to the Subcontractor any amount that may be recovered, less Prime Contractor's included markup (subject to the limits in the Contract Documents for any markup). The liability or responsibilities shall be identified in writing by the Prime Contractor to the Owner at the time such claim is submitted to Owner, and a copy of any liquidating agreement shall be included by the Prime Contractor in the claim submittal materials. (ii) The Prime Contractor shall have reviewed the claim of the Subcontractor prior to its submittal to Owner and shall have independently evaluated such claim in good faith to determine the extent to which the claim is believed in good faith to be valid. The Prime Contractor shall also certify, in writing and under oath to the Owner, at the time of the submittal of such claim, that the Prime Contractor has made a review, evaluation, and determination that the claim is made in good faith and is believed by the Contractor to be valid. Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F (iii) The Subcontractor making the claim to the Prime Contractor shall certify in writing and under oath that it has compiled, reviewed and evaluated the merits of such claim and that the claim is believed in good faith by the Subcontractor to be valid. A copy of the certification by the Subcontractor shall be included by Prime Contractor in the claim submittal materials made by Contractor to the Owner.. (3) Any failure of the Prime Contractor to comply with any of the foregoing requirements and conditions precedent with regard to any such claim shall constitute a waiver of any entitlement to submit or pursue such claim against Owner. (4) Receipt and review of a claim by the Owner under this Subparagraph shall not be construed as a waiver of any defenses to the claim available to the Owner under the Contract Documents or by applicable law. (i) Owner's Right to Order Acceleration and to Deny Claimed and Appropriate Time Extensions, in Whole or in Part. The Prime Contractor acknowledges and agrees that Substantial Completion of the Work by or before the Scheduled Completion Date is of substantial importance to Owner. The following provisions, therefore, will apply: (1) If the Prime Contractor falls behind the approved construction schedule for whatever reason, the Owner shall have the right, in the Owner's sole discretion, to order the Prime Contractor to develop a recovery schedule as described in Paragraph 3.10 or to accelerate its progress in such a manner as to achieve Substantial Completion on or before the Contract Time completion date or such other date as the Owner may reasonably direct and, upon receipt, the Prime Contractor shall take all action necessary to comply with the order. In such event, any possible right, if any, of the Prime Contractor to additional compensation for any acceleration shall be subject to the terms of this Subparagraph (i). (2) In the event that the Prime Contractor is otherwise entitled to an extension of Contract Time and has properly initiated a Claim for a time extension in accordance with Subparagraph 4.3(a) above, the Owner shall have the right, in the Owner's sole discretion, to deny all, or any part, of the Claim for extension of Contract Time by giving written notice to the Prime Contractor provided within fourteen (14) days after receipt of the Prime Contractor's Claim. If the Owner denies the Prime Contractor's claim for an extension of Contract Time under this Clause (i)(2), either in whole or in part, the Prime Contractor shall proceed to prosecute the Work in such a manner as to achieve Substantial Completion on or before the then existing Scheduled Completion Date. (3) If the Prime Contractor would have been entitled to a time extension for a reason specifically allowed under the Contract Documents, for an amount of time that would have justified approval by the Owner if not for the need and right to accelerate, the Prime Contractor may initiate a Claim for acceleration costs pursuant to Subparagraph 4.3(a). Any resulting Claim for acceleration costs properly initiated by the Prime Contractor under Subparagraph 43(a) above shall Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F be limited to those reasonable and documented direct costs of labor, materials, equipment, and supervision solely and directly attributable to the actual acceleration activity necessary to bring the Work back within the then existing approved construction schedule. These direct costs include the premium portion of overtime pay, additional crew, shift, or equipment costs if requested in advance by the Contractor and approved in writing by the Owner. A percentage markup for the prorated cost of premium on the existing performance and payment bonds and required insurance; provided however, not to exceed five (5%) per cent, will be allowed on the claimed acceleration costs. NO OTHER MARKUP FOR PROFIT, OVERHEAD (INCLUDING BUT NOT LIMITED TO HOME OFFICE OVERHEAD) OR ANY OTHER COSTS WILL BE ALLOWED ON ANY ACCELERATION CLAIM. The Owner shall not be liable for any costs related to an acceleration claim other than those described in this Clause (i)(3). (i) Waiver of Claims; Final Payment. The making of final payment shall constitute a waiver of claims by the Owner except those arising from: (1) claims, security interests, purported liens, or other attempted encumbrances arising out of the Contract and remaining unsettled; (2) defective or nonconforming Work appearing after Substantial Completion; (3) latent defects, as defined in Subparagraph 12.2(d), appearing after Final Completion; or (4) the terms of general and special warranties required by the Contract Documents or allowed or implied by law. (k) THE CONTRACTOR SHALL NOT BE ENTITLED TO RECOVER ATTORNEY'S FEES AS A PART OF ANY CLAIM MADE UNDER THE CONTRACT DOCUMENTS OR IN ANY SUBSEQUENT LAWSUIT OR ALTERNATNE DISPUTE RESOLUTION PROCEEDING. (1) No Waiver of Governmental Immunity. NOTHING IN THE CONTRACT DOCUMENTS SHALL BE CONSTRUED TO WANE THE OWNER'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WANED BY APPLICABLE STATE LAW. ARTICLE 5 - SUBCONTRACTORS 51 DEFINITIONS OF SUBCONTRACTOR (a) A Subcontractor is person or entity who has a direct Contract with the Prime Contractor to perform a portion of the Work at the Proj ect site or to supply materials or equipment to the Prime Contractor by purchase or lease for use in performance of or incorporation into the Work The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. (b) A Sub-subcontractor is a person or entity who has a direct or indirect Contract with a Subcontractor to perform a portion of the Work at the Project site or to supply materials or equipment to the Subcontractor or another Sub-subcontractor by purchase or lease for use in performance of or incorporation into the Work The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub- subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK (a) Immediately after the award of the Contract by the Owner, and before the Building Construction Services Agreement is signed by the Prime Contractor and the Owner, the Prime Contractor shall furnish to the Architect/Engineer in writing, for acceptance by the Owner and the Architect/Engineer, a list of the names, addresses, telephone numbers, M/WBE certification numbers (where applicable), and type of work of the Subcontractors (including those who are to furnish materials or equipment fabricated to a special design), proposed for the principal portions of the Work, including furnishings when made a part of the Contract. The Prime Contractor shall immediately notify the Owner in writing of any changes in the list as they occur. The Architect/Engineer will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect/Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect/Engineer to reply promptly shall constitute notice of no reasonable obj ection. (b) The Prime Contractor shall not Contract with a proposed person or entity to whom the Owner or Architect/Engineer has made reasonable and timely objection. (c) Architect/Engineer's and Owner's approval of or objection to any Subcontractor or of a particular process or material will not relieve the Prime Contractor of his responsibility for performance of Work as called for under the Contract Documents, and shall not provide a basis for any claim for additional time or money on the part of the Prime Contractor. Approval shall not be construed to create any contractual relationship between the Subcontractor and either the Owner or Architect/Engineer. In no event shall the Contract Sum be increased as a result of the rejection of any Subcontractor. (d) The Prime Contractor shall not change a Subcontractor previously selected if the Owner or Architect/Engineer makes reasonable objection to such change. 5.3 SUBCONTRACTUAL RELATIONS (a) By appropriate agreement, written where legally required for validity, the Prime Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Prime Contractor by the terms of the Contract Documents (including but not limited to these General Conditions), and to assume toward the Prime Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F Contractor all the obligations and responsibilities which the Prime Contractor, by the Contract Documents, assumes toward the Owner and the Architect/Engineer. Each subcontract agreement shall preserve and protect the rights of the Owner and the Architect/Engineer under the Contract Documents (including but not limited to these General Conditions) with respect to the Work to be performed by the Subcontractor so that subcontracting will not prejudice the rights of the Owner and the Architect/Engineer. Where appropriate, the Prime Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Prime Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor is to be bound. Subcontractors shall similarly make copies of applicable portions of such Documents available to their respective proposed Sub-subcontractors. (b) The Prime Contractor is solely responsible for making payments properly to the Prime Contractor's Subcontractors on the Project. During performance of the Work, the Prime Contractor shall comply with the following additional rules regarding Subcontractor payments: (1) The Prime Contractor shall submit, beginning with the Second Application and Certificate for Payment, a Subcontractor Payment Report (the "Report") with each Application and Certificate for Payment. The Report shall show all payments made to date by the Prime Contractor (plus existing retainage) to each Subcontractor involved in the Project. The Report shall be made on a form approved and supplied by the Owner. As an alternative to the Report, the Prime Contractor may furnish Affidavits of Payment Received with the Application and Certificate for Payment, which affidavits shall be executed by each Subcontractor owed money and paid by Subcontractor during the previous progress payment period for work or materials furnished on the Project. RECEIl'T BY THE OWNER OF THE REPORT OR AFFIDAVITS OF PAYMENT RECENED SHALL BE A CONDITION PRECEDENT TO PAYMENT ON ANY APPLICATION FOR PAYMENT . (2) If, for any reason, the Prime Contractor is withholding payment to a Subcontractor due to a dispute or other problem with performance, the Prime Contractor shall note the amount withheld and further note that the payment is in dispute. The Owner may, in its sole discretion, require the Prime Contractor to document and verify the dispute or other problem in question. (3) The Owner reserves the right in its sole discretion, to withhold payment to the Prime Contractor pursuant to Paragraph 9.5(a) of the General Conditions, should it appear from the Report, statements of payment received or other information furnished to the Owner that: (i) the Report has not been properly completed; (ii) the Prime Contractor has knowingly provided false information regarding payment of any Subcontractor; or Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F (iii) the Prime Contractor has otherwise failed to make payments properly to any Subcontractor. (4) THE PRIME CONTRACTOR SHALL NOT HAVE ANY RIGHT TO MAKE A CLAIM FOR ADDITIONAL TIME OR ADDITIONAL COMPENSATION AS A RESULT OF THE OWNER'S OR ARCHITECT/ENGINEER'S ENFORCEMENT OF THIS SUBPARAGRAPH 5.3(b). NO PROVISION OF THIS SUBPARAGRAPH OR ANY OF THE CONTRACT DOCUMENTS SHALL BE CONSTRUED TO CREATE A CONTRACTUAL RELATIONSHIl', EXPRESS OR IMPLIED, BETWEEN ANY SUBCONTRACTOR AND EITHER THE OWNER OR THE ARCHITECT/ENGINEER AND SHALL NOT BE CONSTRUED TO MAKE ANY SUBCONTRACTOR OR ANY OTHER PERSON OR ENTITY, A THIRD-PARTY BENEFICIARY OF THE CONTRACT BETWEEN THE OWNER AND THE PRIME CONTRACTOR. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS In the event of a termination of this Contract by the Owner under Article 14, the Prime Contractor shall, if requested in writing by the Owner, within fifteen (15) days after the date notice of termination is sent, deliver and assign to Owner, or any person or entity acting on the Owner's behalf, any or all subcontracts made by Prime Contractor in the performance of the Work, and deliver to the Owner true and correct originals and copies of the subcontract documents. In the event assignment is not requested by the Owner, Prime Contractor shall terminate all subcontracts to the extent that Owner has not directed assignment of same and to the extent that they relate to the performance of Work terminated by the notice of termination. ARTICLE 6- CONSTRUCTION BY THE OWNER/ SEPARATE CONTRACTORS 61 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS (a) The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the Project site under Conditions of the Contract identical or substantially similar to these General Conditions, including those portions related to insurance and waiver of subrogation. If the Prime Contractor claims that delay or additional cost is involved because of such action by the Owner, the Prime Contractor shall make a claim as provided elsewhere in, and in accordance with the Contract Documents. (b) When separate Contracts are awarded for different portions of the Project or other construction or operations on the Project site, the term "Contractor" in the Contract Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F Documents in each case shall mean the Contractor who executes each separate Building Construction Services Agreement with the Owner. (c) The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Prime Contractor, who shall cooperate with them. The Prime Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Prime Contractor shall, with the approval of the Owner, make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Prime Contractor, separate contractors, and the Owner until subsequently revised by mutual agreement or by written Change Order. If the Prime Contractor believes it is entitled to an adjustment of the Contract Sum under the circumstances, the Prime Contractor shall submit a written proposal for a Change Order pursuant to Article 7 of the General Conditions. In the event the Prime Contractor's Change Order proposal is denied by the Owner, the Prime Contractor must submit any Claim pursuant to Paragraph 43 of the General Conditions. (d) Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Prime Contractor under these General Conditions, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY (a) The Prime Contractor shall afford the Owner and separate contractors' reasonable opportunity for access to and storage of their materials and equipment and the performance of their activities and shall coordinate the Prime Contractor's construction and operations with the separate contractors as required by the Contract Documents. (b) If part of the Prime Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Prime Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect/Engineer apparent discrepancies or defects in the other construction that would render it unsuitable for proper execution and results. Failure of the Prime Contractor to so report shall constitute an acknowledgment that the Owner's or separate contractors completed or partially completed construction is fit and proper to receive the Prime Contractor's Work, except as to defects not then reasonably discoverable. (c) The Owner shall not be liable to the prime Contractor for damages suffered by the Prime Contractor due to the fault or negligence of a separate contractor or through failure of a separate contractor to carry out the directions of the Owner or the Architect/Engineer. Should any interference occur between the Prime Contractor and a separate contractor, the Architect/Engineer or the Owner may furnish the Prime Contractor with written instructions designating priority of effort or change in methods, whereupon the Prime Contractor shall immediately comply with such direction. In such event, the Prime Contractor shall be entitled to an extension of the Contract Time only for unavoidable Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F delays verified by the Architect/Engineer; no increase in the Contract Sum, however, shall be due to the Prime Contractor. (d) The Prime Contractor shall promptly remedy damage wrongfully caused by the Prime Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 102(e). (e) Should the Prime Contractor cause damage to the work or property of any separate contractor on the Project, the Prime Contractor shall, upon due notice, settle with the separate contractor by agreement, if the separate contractor will so settle. If the separate contractor sues the Owner or submits a claim on account of any damage alleged to have been so sustained, the Owner shall notify the Prime Contractor who shall defend such proceedings, at the Prime Contractor's sole expense, and if any judgment or award against the Owner arises from the separate contractor's claim, the Prime Contractor shall fully pay or satisfy it and shall reimburse the Owner for any and all attorney's fees and costs which the Owner has incurred. (� The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Prime Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the Project Site and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up, but is not obligated to do so, and Owner shall allocate the cost among those parties responsible, as the Architect/Engineer recommends to be just. ARTICLE 7 - AMENDMENTS 71 CHANGE ORDERS (a) A Change Order is a written order to the Contractor, signed by the Owner and the Architect/Engineer, issued after execution of the Contract, authorizing a change in the Work, an adjustment in the Contract Sum, or an adjustment to the Contract Time, consistent with other applicable provisions of this Contract. The Owner, without invalidating the Contract and without requiring notice of any kind to the sureties, may order changes to the scope of Work under the Contract by additions, deletions, or other revisions, the Contract Sum and Contract Time to be adjusted consistent with other applicable provisions of this Contract. All Change Orders shall be executed on a Change Order form approved by the Owner and the Owner's City Attorney. (b) In addition to the Owner and the Architect/Engineer, the Contractor shall sign all Change Orders to verify and confirm the terms and conditions established by Change Order; however, should the Contractor refuse to sign a Change Order, this shall not relieve him of his obligation to perform the change directed by the Owner and the Architect/Engineer to the best of his ability in accordance with the provisions of this Article 7. A Change Order Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F signed by the Contractor indicates his agreement with all of the changes approved, including the adjustment in the Contract Sum or the Contract Time. EACH CHANGE ORDER SHALL BE SPECIFIC AND FINAL AS TO PRICES AND EXTENSIONS OF TIME, WITH NO RESERVATIONS OR OTHER PROVISIONS ALLOWING FOR FUTURE ADDITIONAL MONEY OR TIME AS A RESULT OF THE PARTICULAR CHANGES IDENTIFIED AND FULLY COMPENSATED IN THE CHANGE ORDER. The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the Work The Contractor forever releases any claim against the Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. This release applies to claims related to the cumulative impact of all Change Orders and to any claim related to the effect of a change on other Work. (c) No extra work (except under emergency conditions) or changes shall be made nor shall any substitutions, changes or additions to or omissions or deviations from the requirements of the Drawings and Specifications be made unless pursuant to a written Change Order signed by the Owner and the Architect/Engineer, it being expressly understood that the Owner shall not be liable for the cost of extra work or any substitution, change, addition, omission or deviation from the requirements of the Drawings or Specifications unless the same shall have been authorized in writing by the Owner and the Architect/Engineer in a written change order or other Amendment. The provisions of this Paragraph 7.1 shall control in the event of any inconsistency between such provisions and the other provisions of this Article 7. See Subparagraph 103(a) of the General Conditions for Change Orders under emergency conditions. (d) The method of determining the cost or credit to the Owner for any change in the Work shall be one of the following: (1) mutual acceptance of a not-to-exceed lump-sum amount properly itemized and supported by sufficient substantiating data to permit evaluation; or (2) unit prices stated in the Contract Documents or subsequently agreed upon; or (3) cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or (4) the forceaccount method provided in Subparagraph 71(e) (e) If the parties cannot agree to one of the methods of calculating cost provided in Clauses (d) (1), (d) (2), or (d) (3), or if the parties agree to a method but cannot agree on a final dollar figure; or if the Contractor for whatever reason refuses to sign the Change Order in question;the Contractor, provided he receives a written order signed by the Owner, shall promptly proceed with the Work involved. The cost of the Work involved shall then be calculated on the basis of the reasonable jobsite expenditures and savings of those performing the Work attributable to the changes, including a reasonable allowance for overhead and profit, such allowance in any case never to exceed fifteen (15%) per cent. In such case, the Contractor shall keep an itemized accounting of the Work involved, on a Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F daily basis, in such form and with the appropriate supporting data as the Architect/Engineer and Owner may prescribe. Sworn copies of the itemized accounting shall be delivered to the Architect/Engineer each day during the performance of force account work, with copies to the Owner. FAII,URE OF THE CONTRACTOR TO SUBMIT THE SWORN-TO ITEMIZED ACCOUNTING DAILY AS REQUIIZED HEREIN SHALL CONSTITUTE A WANER BY THE CONTRACTOR OF ANY RIGHT TO DISPUTE THE OWNER'S DETERMINATION OF THE AMOUNT DUE THE CONTRACTOR FOR FORCE ACCOLTNT WORK. Costs to be charged under this Subparagraph for force account work are limited to the following: (1) costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and worker's compensation insurance; (2) costs of materials, supplies and equipment (but not to include off-site storage unless approved in writing by the Owner), whether incorporated or consumed; (3) rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; (4) costs of premiums for all bonds and insurance related to the Work; and (5) additional costs of supervision and field office personnel directly attributable to the changed Work Pending final determination of cost to the Owner, payment of undisputed amounts on force account shall be included on the Architect/Engineer's Certificate of Payment as work is completed. (� The amount of credit to be allowed to the Owner for any deletion of Work or any other change which results in a net decrease of the Contract Sum shall be the amount of actual net cost confirmed by the Architect/Engineer plus the stated percentage for overhead and profit. When both additions and deletions or credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase or decrease with respect to that change. 7.2 SUPPLEMENTAL AGREEMENTS A written Supplemental Agreement can also be used to implement changes in the Work instead of a Change Order form, including but not limited to situations involving partial occupancy of the Work under Paragraph 9.8, a change made to the Drawings or the Specifications without an increase in the Contract Sum, or special circumstances where it is necessary or more appropriate for the Owner to use a Supplemental Agreement. Written Supplemental Agreements shall have a status equal to that of Change Orders for purposes of priority of Contract Documents interpretation, except that to the extent of a conflict, later Supplemental Agreements in time control over earlier Supplemental Agreements, and the latest Change Order or Supplemental Agreement in time controls over earlier dated Change Orders and Supplemental Agreements. The rules of Subparagraphs 7.1(b) through (� shall also apply to the negotiation and execution of Supplemental Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F Agreements. 7.3 MINOR CHANGES IN THE WORK The Architect/Engineer, after notifying the Owner, shall be authorized to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Minor changes shall be effected by written order, and shall be binding on the Owner and the Contractor. The Contractor shall carry out such written orders promptly. These written orders shall not be deemed to change or impact the Contract Sum or the Contract Time. Contractor shall have no Claim for any minor change ordered to the Work under this Paragraph 7.3 unless the Contractor submits its change proposal, prior to complying with the minor change ordered and in no event later than ten (10) working days from the date the minor change was ordered, to the Owner for approval. 7.4 TIME REQUIRED TO PROCESS AMENDMENTS (a) All of the Contractor's responses to proposal requests shall be accompanied by a complete, itemized breakdown of costs. Responses to proposal requests shall be submitted sufficiently in advance of the required work to allow the Owner and the Architect/Engineer a minimum of thirty (30) calendar days after receipt by the Architect/Engineer to review the itemized breakdown and to prepare or distribute additional documents as may be necessary. All of the Prime Contractor's responses to proposal requests shall include a statement that the cost described in the response represents the complete, total and final cost and additional Contract Time associated with the extra work, change, addition to, omission, deviation, substitution, or other grounds for seeking extra compensation under the Contract Documents, without reservation or further recourse. (b) All Amendments require approval by either the City Council or, where authorized by the State law and City ordinance, by the City Manager pursuant to Administrative Action. The approval process requires a minimum of forty-five (45) calendar days after submission to the Owner in final form with all supporting data. Receipt of a submission by Owner does not constitute acceptance or approval of a proposal, nor does it constitute a warranty that the proposal will be authorized by City Council Resolution, Ordinance or Administrative Action. THE TIME REQUIIZED FOR THE APPROVAL PROCESS SHALL NOT BE CONSIDERED A DELAY AND NO EXTENSIONS TO THE CONTRACT TIME OR INCREASE IN THE CONTRACT SUM WILL BE CONSIDERED OR GRANTED AS A RESULT OF THIS PROCESS. Pending the approval described above, the Contractor will proceed with the work under a pending Amendment only if directed in writing by the Owner. ARTICLE 8 - CONTRACT TIME 81 DEFINITIONS (a) Unless otherwise provided, the Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F (b) The date of commencement of the Work is the date established in the Notice to Proceed from the Owner. The date of commencement shall not be postponed by the failure of the Prime Contractor, or of persons or entities for whom the Prime Contractor is responsible to act promptly to commence the Work If the Owner unreasonably delays the issuance of the notice to proceed, through no fault of the Prime Contractor, the Prime Contractor shall be entitled only to an equitable extension of the Contract Time; the Contract Sum shall remain unchanged. (c) The date of Substantial Completion is the date certified by the Architect/Engineer in accordance with Paragraph 9.7. (d) The term "day" as used in the Contract Documents shall mean a calendar day, beginning and ending at 12:00 midnight, unless otherwise specifically defined by special provision. 8.2 PROGRESS AND COMPLETION (a) Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Building Construction Services Agreement, the Prime Contractor confirms that the Contract Time is a reasonable period for performing the Work. (b) The Prime Contractor shall not knowingly, except by agreement with or instruction of the Owner in writing, prematurely commence operations on the Project site or elsewhere prior to the effective date of insurance to be furnished by the Prime Contractor as required by Article 1 l. The date of commencement of the Work shall not be changed by the effective date of insurance required by Article 11. 8.3 DELAYS AND EXTENSIONS OF TIME (a) If the Prime Contractor is delayed at any time in the progress of the Work by an act or neglect of the Owner or Architect/Engineer, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Prime Contractor's control, or by delay authorized by the Owner pending a claim, or by other causes which the Architect/Engineer determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect/Engineer and Owner may determine. (b) Claims relating to Contract Time and time extensions shall be made in accordance with the applicable provisions of Paragraph 4.3. (c) No Damages for Delay. NOTWITHSTANDING ANY OTHER PROVISIONS OF THE CONTRACT DOCUMENTS, INCLUDING THE GENERAL CONDITIONS, NO ADNSTMENT SHALL BE MADE TO THE CONTRACT SUM AND THE PRIME CONTRACTOR SHALL NOT BE ENTITLED TO CLAIM OR RECENE ANY ADDITIONAL COMPENSATION AS A RESULT OF OR ARISING OUT OF ANY DELAY, HINDRANCE, DISRUPTION, FORCE MAJEURE, IMPACT, OR Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F INTERFERENCE, INTENTIONAL OR UNINTENTIONAL, FORESEEN OR UNFORESEEN, WHICH INCREASES THE TIME TO COMPLETE THE WORK, INCLUDING BUT NOT LIMITED TO ANY DELAYS CAUSED IN WHOLE OR IN PART BY THE ACTS, OMISSIONS, FAILURES, NEGLIGENCE, OR FAULT OF THE OWNER, THE ARCHITECT/ENGINEER, OR THE OWNER'S REPRESENTATNE, AN EXTENSION OF THE CONTRACT TIME UNDER SUBPARAGRAPH 8.3(a) BEING THE PRIME CONTRACTOR'S SOLE REMEDY. (d) The Owner shall have the right to occupy, without prejudice to the right of either party, any completed or largely completed portions of the structure or Work, notwithstanding the fact that the Contract Time for completing all or a portion of the Work may not have expired. Partial occupancy and use shall not be deemed as an acceptance of the Work taken or used. (e) The Prime Contractor shall promptly suspend the Work when either the Prime Contractor or the Owner is ordered to do so by a court order from a court having lawful jurisdiction, and the Prime Contractor will not be entitled to additional compensation by virtue of any delays resulting from the court order. The Prime Contractor will also not be liable to the Owner for a delay caused in fact by the Work being suspended by a court order. (� The Architect/Engineer, with the consent of the Owner, shall have the authority to suspend the Work, in whole or in part, for such period or periods as the Architect/Engineer deems necessary due to unusual or severe weather conditions as are considered unfavorable for the suitable prosecution of the Work, or due to failure on the part of the Prime Contractor to correct conditions considered unsafe for workmen or the general public. If it should become necessary to stop the Work for an indefinite period, the Prime Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily or become damaged in any way, and shall take every precaution to prevent damage or deterioration of the Work performed. In cases of suspension of the Work under this Subparagraph, the Prime Contractor shall also provide suitable drainage about the Work and erect temporary structures where necessary. The Prime Contractor shall not suspend the Work in whole or in part without written authority from the Architect/Engineer or the Owner, and shall resume the Work promptly when notified by the Architect/Engineer or the Owner to resume operations. (g) In the event of a delay that is the responsibility of the Prime Contractor or any of the Subcontractors, for which the Prime Contractor is not entitled to a time extension under the provisions of this Contract, the Owner may direct that the Work be accelerated by means of overtime, additional crews or additional shifts, or resequencing. This acceleration shall be at no cost to the Owner and will continue until the Contract Time is restored. In the event of a delay for which the Prime Contractor is entitled to a time extension, as determined by the Architect/Engineer, Owner may similarly direct acceleration and the Prime Contractor agrees to perform same on the basis that the Prime Contractor will be reimbursed only to the extent described in Subparagraph 4.3(i). THE PRIME CONTRACTOR EXPRESSLY WANES ANY OTHER COMPENSATION RESULTING FROM ACCELERATION, SUCH AS LOSS OF LABOR PRODUCTNITY OR EFFICIENCY. Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F ARTICLE 9- PAYMENTS AND COMPLETION 91 CONTRACT SUM The Contract Sum is stated in the Building Construction Services Agreement and, including authorized adjustments, is the total amount of compensation payable by the Owner to the Prime Contractor for the performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES Before the first Application for Payment, the Prime Contractor shall submit to the Architect/Engineer a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect/Engineer may require. This schedule, when approved by the Architect/Engineer and the Owner, shall be used as a basis for the Prime Contractor's Application for Payment. The schedule of values shall follow the trade division of the Specifications. Prime Contractor's Application for Payment shall be filed on the current version of AIA Form G702 (Application and Certificate for Payment), as approved by the Owner. 9.3 APPLICATIONS FOR PAYMENT (a) At least ten (10) days before the date established for each progress payment, the Prime Contractor shall submit to the Architect/Engineer an itemized Application for Payment for Work completed in accordance with the schedule of values. The Application shall be notarized, if required, and supported by data substantiating the Prime Contractor's right to payment as the Owner or Architect/Engineer may require, including but not limited to copies of requisitions from Subcontractors and material suppliers, and reflecting the applicable retainage as required in the Contract Documents. Prime Contractor's Application for Payment shall also provide other supporting documentation as the Owner or the other applicable provisions of the Contract Documents may require. (b) Applications for Payment may not include requests for payment of amounts the Prime Contractor does not intend to pay to a Subcontractor because of a good faith dispute, unless the Prime Contractor complies with Clause 53(b) (2) of these General Conditions and the Prime Contractor's Payment Bond Surety consents in writing to payment to the Prime Contractor of the funds deemed to be in dispute. (c) Unless otherwise provided in the Contract Documents, progress payments shall include payment for materials and equipment delivered and suitably stored at the Project site for subsequent incorporation into the Work within thirty (30) days after delivery to the Project site. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored away from the Project site at a location agreed upon in writing. Payment for costs incurred in storage of materials or equipment away from the Project site will NOT be made by Owner unless: Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F (1) the Owner has given prior approval of such off-site storage in writing; (2) the materials or equipment are stored in a bonded warehouse located in Denton County and identified with the Project for which they are stored, as evidenced by warehouse receipts and appropriate documents of title; and (3) the materials or equipment stored off-site will be incorporated into the Work within thirty (30) days after delivery. STORAGE IN FACILITIES OF THE MANUFACTURER OR THE PRIME CONTRACTOR WILL NOT BE PERMITTED OR PAID FOR, UNLESS THE OWNER HAS EXPRESSLY GNEN PRIOR APPROVAL OF SUCH STORAGE IN WRITING. (d) The Prime Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Prime Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall be free and clear of liens, claims, security interests or encumbrances in favor of the Prime Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials, and equipment relating to the Work. (e) All materials or equipment delivered to the Project site earlier than thirty (30) days prior to an approved schedule for delivery to the Project site shall be classified as an "early delivery." All early delivery materials or equipment must have the express written permission of the Owner to be stored on the Project site. If any unauthorized early delivery occurs, Prime Contractor shall, at Prime Contractor's expense or at the expense of the responsible Subcontractor or Supplier, cause such early delivery to be removed from the Project site and stored off-site until required at the Project site. All costs of labor, transportation and storage will be included as part of the expense. If the Prime Contractor fails or refuses to remove unauthorized early delivery materials, the Owner may cause such materials to be removed at the Prime Contractor's sole expense, and amounts may be withheld from the Prime Contractor's Application for Payment to reimburse the Owner for any costs incurred in removing unauthorized early delivery materials. OWNER WII,L NOT BE RESPONSIBLE FOR THE PROTECTION OF OR RISK OF LOSS ON ANY EARLY DELNERY MATERIALS OR EQUIPMENT, NOR WILL OWNER BE LIABLE FOR ANY PAYMENT FOR THE EARLY DELNERY MATERIALS OR EQUIPMENT. Any materials or equipment classified as early delivery will not be approved for payment as stored materials prior to thirty (30) days before the incorporation of the materials or equipment into the Work, unless storage and payment at an earlier date is expressly approved in writing by the Owner. (� If the Contract Sum is equal to or less than $25,000, and if performance and payment bonds are not furnished by the Contractor, then no payment applied for will be payable under the Contract until the Work has been finally completed and accepted. 9.4 CERTIFICATES FOR PAYMENT (a) The Architect/Engineer will, within ten (10) days after receipt of the Prime Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Prime Contractor, for such amount as the Architect/Engineer determines is properly Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F due, or notify the Prime Contractor and Owner in writing of the Architect/Engineer's reasons for withholding certification in whole or in part as provided in: (a) City of Denton "General Conditions for Building Construction." (b) Subparagraph 9.5(a). The Certificate for Payment shall be issued on the current version of AIA Form G702 (Application and Certificate for Payment) as approved by the Owner. (c) The issuance of a Certificate for Payment will constitute a representation by the Architect/Engineer to the Owner, based on the Architect/Engineer's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect/Engineer's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial and Final Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to Final Completion and to specific qualifications expressed by the Architect/Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Prime Contractor is entitled to payment in the amount certified, subject to the Owner's approval. The issuance of a Certificate for Payment is not a representation that the Architect/Engineer has: (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Prime Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the Prime Contractor has used money previously paid on account of the Contract Sum. (d) Whenever the Application for Payment for Work done since the last previous Application for Payment exceeds one hundred dollars ($100.00) in amount, Owner will pay a percentage of the Application, less applicable retainage, to the Prime Contractor within thirty (30) days following Owner's receipt and approval of the Certificate for Payment certified by the Architect/Engineer. The Application may include acceptable nonperishable materials delivered to the Work or stored as provided for in Paragraph 93(c) and the payment will be allowed on the net invoice value, less taxes and applicable retainage. (e) The City is required to withhold five percent (5%) retainage for public works contracts in which the total contract price estimate at the time of execution is more than $400,000; however, this requirement is applied by the City for all public works contracts in excess of $50,000. The retainage will be withheld by the Owner from each progress payment until final completion of the Work by the Contractor, approval of final completion by the Architect/Engineer, and final acceptance of the Work by the Owner. Unless otherwise required by state law, the retainage percentage as specified above is based upon the original Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F Contract Sum, and will not be affected in the event the original Contract Sum is subsequently increased by Change Order. (� No progress payments shall be made on contracts where performance and payment bonds are not required or furnished. In such instances, payment for the Work performed will be made upon final completion and acceptance by the Owner of all Work. 9.5 DECISIONS TO WITHHOLD CERTIFICATION (a) The Architect/Engineer or the Owner may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner's interest, if in the Architect/Engineer's or Owner's opinion the representations to the Owner required by Subparagraph 9.4(b) cannot be made. If the Architect/Engineer or the Owner is unable to certify payment in the amount of the Application, the Architect/Engineer or the Owner will notify the Prime Contractor as provided in Subparagraph 9.4(a). If the Prime Contractor and Architect/Engineer or the Owner cannot agree on a revised amount, the Architect/Engineer will promptly issue a Certificate for Payment for the amount for which the Architect/Engineer is able to make the required representations to the Owner. The Architect/Engineer or the Owner may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued to such extent as may be necessary, in the Architect/Engineer's or Owner's opinion, to protect the Owner from loss because of: (1) defective or nonconforming Work not remedied; (2) third-party claims filed or reasonable evidence indicating probable filing of such claims; (3) failure of the Prime Contractor to make payments properly to Subcontractors or for labor, materials, or equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to the Owner or another contractor; (6) reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or damages for the anticipated delay; (7) persistent failure to carry out the Work in accordance with the Contract Documents; or (8) mathematical or other errors that are discovered in the Application for Payment. (b) When all of the above reasons that existed for withholding certification are removed or remedied, then, at that time, certification will be made for amounts previously withheld. Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F (c) The Owner may, at its option, offset any progress payment or final payment under the Contract Documents against any debt (including taxes) lawfully due to the Owner from the Prime Contractor, regardless of whether the amount due arises pursuant to the terms of the Contract Documents or otherwise, and regardless of whether or not the debt due to the Owner has been reduced to judgment by a court. 9.6 PROGRESS PAYMENTS (a) After the Architect/Engineer has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect/Engineer. The Owner shall not be liable for interest on any late or delayed progress payment or final payment caused by any claim or dispute, any discrepancy in quantities, any failure to provide supporting documentation or other information required with the Application for Payment or as a precondition to payment under the Contract Documents, or due to any payment the Owner or the Architect/Engineer has a right to withhold or not certify under the Contract Documents. Notwithstanding the foregoing, the Owner may refuse to make payment on any Certificate for Payment (including, without limitation, the final Certificate for Payment) for any default under the Contract Documents, including but not limited to those defaults set forth in Subparagraph 9.5(a), Clauses (1) through (7). The Owner shall not be deemed in default by reason of withholding payment while any Prime Contractor default remains uncured. (b) The Prime Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Prime Contractor on account of each Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Prime Contractor on account of such Subcontractors portion of the Work The Prime Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub- subcontractors in similar manner. (c) The Architect/Engineer will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Prime Contractor and action taken thereon by the Architect/Engineer and the Owner on account of portions of the Work done by such Subcontractor. (d) Neither the Owner nor the Architect/Engineer shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. That obligation belongs to the Prime Contractor or, in the event of the Prime Contractor's failure to pay a Subcontractor, to the Surety on the Payment Bond as required under Paragraph 113. (e) Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6(b), (c), and (d). (� A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not performed in accordance with the Contract Documents. Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F 9.7 SUBSTANTIAL COMPLETION (a) The Date of Substantial Completion of the Work, or designated portion of the Work, is the date certified by the Architect/Engineer when construction is sufficiently completed in accordance with the City Of Denton General Conditions For Building Construction. (a) the Contract Documents such that the Owner may beneficially occupy and use the Work, or designated portions of the Work, for the purposes for which it is intended and only trivial and insignificant items remain which do not affect the Work as a whole. (b) When the Prime Contractor considers that the Work, or the portion of the Work which the Owner agrees to accept separately, is Substantially Complete, the Prime Contractor shall prepare and submit to the Architect/Engineer a comprehensive list of remaining items to be completed or corrected. The Prime Contractor shall proceed promptly to complete and correct items on the list (hereinafter called the "punch list"). Failure to include an item on the punch list does not alter the responsibility of the Prime Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the punch list, the Architect/Engineer will make an inspection to determine whether the Work, or designated portion of the Work, is Substantially Complete. If the Architect/Engineer's inspection discloses any item, whether or not included on the punch list, which is not in accordance with the requirements of the Contract Documents and which renders the Work inspected not Substantially Complete the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct the item upon notification by the Architect/Engineer. The Prime Contractor shall then submit a request for another inspection by the Architect/Engineer to determine Substantial Completion. When the Work or designated portion of the Work is Substantially Complete, the Architect/Engineer will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and the Prime Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Prime Contractor shall finish all items on the punch list accompanying the Certificate. (c) The Certificate of Substantial Completion shall be submitted to the Owner and the Prime Contractor for their written acceptance of responsibilities assigned to them in the Certificate. (d) Upon Substantial Completion of the Work or designated portion thereof and upon application by the Prime Contractor and certification by the Architect/Engineer, the Owner shall make payment, reflecting adjustment in retainage, if any, for the Work, or portion of the Work, as provided in the Contract Documents. 9.8 PARTIAL OCCUPANCY OR USE (a) The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate Supplemental Agreement with the Prime Contractor, provided such occupancy or use is consented to by the insurer as Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F required under Subparagraph 11.2(e) and authorized by public authorities having jurisdiction over the Work Such partial occupancy or use may commence whether or not the portion is Substantially Complete, provided the Owner and Prime Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Prime Contractor considers a portion Substantially Complete, the Prime Contractor shall prepare and submit a list to the Architect/Engineer as provided under Subparagraph 9.7(b). Consent of the Prime Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Prime Contractor or, if no agreement is reached, by decision of the Architect/Engineer. (b) Immediately prior to such partial occupancy or use, the Owner, Prime Contractor, and Architect/Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. (c) Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.9 FINAL COMPLETION AND FINAL PAYMENT (a) Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect/Engineer, accompanied by the Owner's representative, will promptly make final inspection and, when the Architect/Engineer finds the Work acceptable under the Contract Documents and the Contract Documents fully performed, the Architect/Engineer will promptly issue a final Certificate for Payment stating that to the best of the Architect/Engineer's knowledge, information and belief, and on the basis of the Architect/Engineer's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Prime Contractor and noted in said final Certificate is due and payable. The Architect/Engineer's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.9(b) as a condition precedent to the Prime Contractor's being entitled to final payment have been fulfilled. Owner will normally make final payment within thirty (30) days after Owner's receipt and approval of the final Certificate for Payment. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work, unless otherwise provided by separate agreement between the Owner and the Prime Contractor. (b) Neither final payment nor any remaining retained percentage shall become due until the Prime Contractor submits to the Architect/Engineer: Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner; (3) a written statement that the Prime Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) a consent of surety to final payment; and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. (c) As a precondition to final payment by the Owner under this Contract, the Prime Contractor's affidavit under Clause (b)(1) shall state that the Prime Contractor has paid each of his subcontractors, laborers or materialmen in full for all labor and materials provided to Contractor for the Work performed under this Contract. In the event the Prime Contractor has not paid each of his subcontractors, laborers or materialmen in full, the Prime Contractor shall state in the affidavit the amount owed and the name of each subcontractor, laborer or materialmen to whom such payment is owed. IN ANY EVENT, THE PRIME CONTRACTOR SHALL BE REQUIRED TO EXECUTE THE OWNER'S STANDARD AFFIDAVIT OF FINAL PAYMENT AND RELEASE AS A PRECONDITION TO RECEIPT OF FINAL PAYMENT. (d) If, after Substantial Completion of the Work, final completion of the Work is materially delayed through no fault of the Prime Contractor or by issuance of Change Orders affecting final completion and the Architect/Engineer confirms the delay, the Owner shall, upon application by the Prime Contractor and certification by the Architect/Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect/Engineer prior to certification of payment. Payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. (e) The acceptance by the Prime Contractor of the final payment shall operate as and shall be a complete release of the Owner from all claims or liabilities under the Contract, for anything done or furnished or relating to the Work or the Project, or for any act or neglect of the Owner relating to or connected with the Work or the Project. ARTICLE 10 SAFETY, SECURITY AND UTILITY PROVISIONS; ENVIRONMENTAL Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F COMPLIANCE 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Prime Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract, and will comply with all applicable City, County, State and Federal health and safety regulations. 10.2 SAFETY OF PERSONS AND PROPERTY (a) The Prime Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (1) employees on the Work and other persons who may be affected thereby; (2) the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Prime Contractor or the Prime Contractor's Subcontractors or Sub-subcontractors; and (3) other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. (b) The Prime Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. (c) The Prime Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. (d) When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Prime Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. (e) USE OF EXPLOSNES - CLAIMS AND TOTAL INDEMNIFICATION. The Owner shall have the right to pre-approve the use of any explosives on the Project; the Prime Contractor shall not assume in its bid that permission to use explosives will be granted. The Owner shall NOT be liable for any claim for additional time or compensation as a result of the Owner's denial of permission to use explosives. Where use of explosives is permitted by the Owner, the Prime Contractor EXPRESSLY AGREES TO BE SOLELY RESPONSIBLE for the determination as to whether explosives shall actually be used, and for any result from the use, handling or storage of explosives, and shall INDEMNIFY, DEFEND AND HOLD COMPLETELY HARMLESS the Owner, its officers, agents and employees, and the Architect/Engineer against any and all claims, lawsuits, judgments, costs or expenses for personal injury (including death), property damage or other harm for Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F which recovery of damages is sought, suffered by any person or persons, as the result of the use, handling or storage of the explosives by the Prime Contractor or any Subcontractor, REGARDLESS OF WHETHER SAID USE, HANDLING OR STORAGE WAS NEGLIGENT OR NOT, AND REGARDLESS OF WHETHER THE DAMAGE OR INNRY WAS CONTRIBUTED TO IN ANY WAY BY THE NEGLIGENCE OR FAULT OF THE OWNER, ITS OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATNES, OR THE ARCHITECT/ENGINEER AND ITS OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATNES. In the event of conflict with any other indemnity paragraph in this Contract, this paragraph controls. This indemnity paragraph is intended solely for the benefit of the parties to this Contract and is not intended to create or grant any rights, contractual or otherwise, to or for any other person or entity. The Prime Contractor shall furnish the Owner and the Architect/Engineer with evidence of insurance sufficient to cover possible damage or injury, which insurance shall either include the Owner and the Architect/Engineer as additional insureds or be sufficiently broad in coverage as to fully protect the Owner and the Architect/Engineer. All explosives shall be stored in a safe and secure manner, under the care of a competent watchman at all times, and all storage places shall be marked clearly and conspicuously: "DANGEROUS- EXPLOSNES." The method of storing and handling explosives and highly flammable materials shall conform to Federal and State laws, City of Denton ordinances, and the City of Denton Fire Department regulations. The Prime Contractor shall notify any telecommunications and public utility company and any private property owners having structures in the proximity of the Project Site of the Prime Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the telecommunications and public utility companies and private property owners to take such steps as they may deem necessary to protect their property from injury. The notice shall not relieve the Prime Contractor of any responsibility for damage resulting from any blasting operations. (� The Prime Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2(a)(2) and 102(a)(3) caused in whole or in part by the Prime Contractor, a Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Prime Contractor is responsible under Clauses 10.2(a)(2) and 10.2(a)(3), except damage or loss attributable to acts or omissions of the Owner or Architect/Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Prime Contractor or any of its Subcontractors. The foregoing obligations of the Prime Contractor are in addition to the Prime Contractor's obligations under Paragraph 3.19. To the extent that any such damage or loss may be covered by property insurance or other insurance required by the Contract Documents, the Owner and the Prime Contractor shall exercise their best efforts to make a claim and obtain recovery from the insurers to provide for the cost, in whole or in part, of the repair work or to provide for reimbursement for such damage or loss. (g) The Prime Contractor shall designate a responsible member of the Prime Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F be the Prime Contractor's superintendent unless otherwise designated by the Prime Contractor in writing to the Owner and Architect/Engineer. (h) The Prime Contractor shall not load or permit any part of the Work or the Project site to be loaded so as to endanger its safety. 10.3 EMERGENCIES In an emergency affecting safety, health, or security of persons or property, the Prime Contractor shall act, at the Prime Contractor's discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Prime Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. 10.4 PUBLIC CONVENIENCE AND SAFETY (a) The Prime Contractor shall place materials stored about the Work and shall conduct the Work at all times in a manner that causes no greater obstruction to the public than is considered necessary by the Owner. Sidewalks or streets shall not be obstructed, except by special permission of the Owner. The materials excavated and the construction materials or plant used in the performance of the Work shall be placed in a manner that does not endanger the Work or prevent free access to all fire hydrants, water mains and appurtenances, water valves, gas valves, manholes for the telephone, telegraph signal or electric conduits, wastewater mains and appurtenances, and fire alarm or police call boxes in the vicinity. (b) The Owner reserves the right to remedy any neglect on the part of the Prime Contractor in regard to public convenience and safety which may come to the Owner's attention, after twenty-four (24) hours notice in writing to the Prime Contractor. In case of an emergency, the Owner shall have the right to immediately remedy any neglect without notice. In either case, the cost of any work done by the Owner to remedy the Prime Contractor's neglect shall be deducted from the Contract Sum. The Prime Contractor shall notify the City Traffic Control Department when any street is to be closed or obstructed. The notice shall, in the case of major thoroughfares or street upon which transit lines operate, be forty-eight (48) hours in advance. The Owner reserves the right to postpone or prohibit any closure or obstruction of any streets or thoroughfares to the extent necessary for the safety and benefit of the traveling public. The Prime Contractor shall, when directed by the Architect/Engineer or the Owner, keep any street or streets in condition for unobstructed use by City departments. When the Prime Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or around structures, the Prime Contractor's responsibility for accidents shall include the roadway approaches as well as the crossing structures. 10.5 BARRICADES, LIGHTS AND WATCHMEN If the Work is carried on or adjacent to any street, alley or public place, the Prime Contractor shall, at the Prime Contractor's own cost and expense, furnish, erect and maintain sufficient Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F barricades, fences, lights and danger signals, shall provide sufficient watchmen, and shall take such other precautionary measures as are necessary for the protection of persons or property and of the Work All barricades shall be painted in a color that will be visible at night, shall indicate in bold letters thereon the Prime Contractor's name and shall be illuminated by lights from sunset to sunrise. The term "lights," as used in this Paragraph, shall mean flares, flashers, or other illuminated devices. A sufficient number of barricades with adequate markings and directional devices shall also be erected to keep vehicles from being driven on or into any Work under construction. The Prime Contractor will be held responsible for all damage to the Work due to failure of barricades, signs, lights and watchmen to protect the Work Whenever evidence is found of such damage, the Architect/Engineer may order the damaged portion immediately removed and replaced by the Prime Contractor at Prime Contractor's cost and expense. The Prime Contractor's responsibility for maintenance of barricades, signs, and lights, and for providing watchmen, shall not cease until the Project has been finally accepted by the Owner. 10.6 PUBLIC UTILITIES AND OTHER PROPERTIES TO BE CHANGED In case it is necessary to change or move the property of the Owner or of any telecommunications or public utility, such property shall not be removed or interfered with until ordered to do so by the Architect/Engineer. The right is reserved to the owner of any public or private utilities to enter upon the Project site for the purpose of making such changes or repairs of their property that may become necessary during the performance of the Work The Owner reserves the right of entry upon the Project site for any purpose, including repairing or relaying sewer and water lines and appurtenances, repairing structures, and for making other repairs, changes, or extensions to any of the Owner's property. The Owner's actions shall conform to the Prime Contractor's current and approved schedule for the performance of the Work, provided that proper notification of schedule requirements has been given to the Owner by the Prime Contractor. 10.7 TEMPORARY STORM SEWER AND DRAIN CONNECTIONS When existing storm sewers or drains have to be taken up or removed, the Prime Contractor shall at his own expense provide and maintain temporary outlets and connections for all public and private storm sewers and drains. The Prime Contractor shall also take care of all storm sewage and drainage which will be received from these storm drains and sewers; for this purpose, the Prime Contractor shall provide and maintain, at the Prime Contractor's own expense, adequate pumping facilities and temporary outlets or diversions. The Prime Contractor shall, at the Prime Contractor's own expense, construct such troughs, pipes, or other structures necessary and shall be prepared at all times to dispose of storm drainage and sewage received from these temporary connections until such time as the permanent connections are built and in service. The existing storm sewers and connections shall be kept in service and maintained under the Contract, except where specified or ordered to be abandoned by the Architect/Engineer. All storm water and sewage shall be disposed of in a satisfactory manner so that no nuisance is created and that the Work under construction will be adequately protected. 10.8 ARRANGEMENT AND CHARGE FOR WATER FURNISHED BY THE OWNER; Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F ELECTRICITY FOR THE PROJECT (a) When the Prime Contractor desires to use the Owner's water in connection with the Work, the Prime Contractor shall make complete and satisfactory arrangements with the Denton Water Utilities Department and shall be responsible for the cost of the water the Prime Contractor uses. Where meters are used, the charge will be at the regular established rate; where no meters are used, the charge will be as prescribed by City ordinance, or where no ordinance applies, payment shall be based on estimates made by the Denton Water Utilities Department. (b) The Prime Contractor shall make complete and satisfactory arrangements for electricity and metered electrical connections with the Owner or with Denton Municipal Electric in the event that separately metered electrical connections are required for the Project. The Prime Contractor shall pay for all electricity used in the performance of the Work through separate metered electrical connections obtained by the Prime Contractor through the City of Denton. 10.9 USE OF FIRE HYDRANTS The Prime Contractor, Subcontractors, and any other person working on the Project shall not open, turn off, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant, stop valve, or stop cock, or tap any water main belonging to the Owner, unless duly authorized to do so by the Denton Water Utilities Department in accordance with the Denton City Code. 1010 ENVIRONMENTAL COMPLIANCE (a) The Prime Contractor and its Subcontractors are deemed to have made themselves familiar with and at all times shall comply with all applicable federal, state or local laws, rules, regulations, ordinances, and rules of common law now in effect (including any amendments now in effect), relating to the environment, Hazardous Substances or exposure to Hazardous Substances, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.A. §§ 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C.A. §§ 1801, et seq.; the Resource Conservation and Recovery Act of 1976, 42 U.S.C.A. §§ 6901, et seq.; the Federal Water Pollution Control Act, 33 U.S.C.A §§ 1201, et seq.; the Toxic Substances Control Act, 15 U.S.C.A. §§ 2601, et seq.; the Clean Air Act, 42 U.S.C.A. §§ 7401, et seq.; the Safe Drinking Water Act, 42 U.S.C.A. §§ 3808, et seq., and any current judicial or administrative interpretation of these laws, rules, regulations, ordinances, or rules of common law, including but not limited to any judicial or administrative order, consent decree, or judgment affecting the Project. (b) In the event the Prime Contractor encounters on the site materials reasonably believed to be a Hazardous Substance that have not been rendered harmless, and removal of such materials is not a part of the scope of Work required under the Contract Documents, the Prime Contractor shall immediately stop Work in the affected area and report in writing the facts of such encounter to the Architect/Engineer and the Owner. Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F Work in the affected area shall not thereafter be resumed except by written order of the Owner unless and until the material is determined not to be a Hazardous Substance or the Hazardous Substance is remediated. The Owner may choose to remediate the Hazardous Substance with a separate contractor or through a Change Order with the Prime Contractor. If the Owner determines that the Hazardous Substance exists in the affected area due to the fault or negligence of the Prime Contractor or any of its Subcontractors, the Prime Contractor shall be responsible for remediating the condition at the sole expense of the Prime Contractor in accordance with the Prime Contractor's APPROVED Spill Remediation Plan. An extension of the Contract Time for any delay in the progress schedule caused as a result of the discovery and remediation of a Hazardous Substance may be granted by the Owner only if all remaining Work on the Project must be suspended and the delay cannot be made up elsewhere in the progress schedule. Any request for an extension of the Contract Time related to the discovery and remediation of a Hazardous Substance is subject to the provisions of Paragraph 43 and Article 8. (c) The Prime Contractor shall be responsible for identification, abatement, cleanup, control, removal, remediation, and disposal of any Hazardous Substance brought into or upon the site by the Prime Contractor or any Subcontractor or Supplier. The Prime Contractor shall obtain any and all permits necessary for the legal and proper handling, transportation, and disposal of the Hazardous Substance and shall, prior to undertaking any abatement, cleanup, control, removal, remediation, and disposal, notify the Owner and the Architect/Engineer so that they may observe the activities; provided, however, that it shall be the Prime Contractor's sole responsibility to comply with all applicable laws, rules, regulations, or ordinances governing the activities. (d) Spill Prevention Plan. At least seventy-two (72) hours prior to commencing performance of any of the Work at the Project site, the Prime Contractor shall submit to the Owner for review and approval a Spill Prevention and Response Plan (SPRP) meeting the requirements of federal and state law, rules, and regulations. The SPRP shall be specially designed for the Prime Contractor's planned work methods and procedures. The SPRP shall be designed to complement all applicable safety standards, fire prevention regulations, and pollution prevention policies and procedures. The SPRP shall include estimates of the quantity and rate of flow should equipment fail, and detail containment or diversionary structures to prevent spills from leaving the site or migrating into adjacent properties or navigable waters. The SPRP shall include methods of recovery of spilled materials and all applicable twenty-four (24) hour emergency phone numbers, including without limitation that of the Owner's Project Manager or other designated representative. The Prime Contractor shall not commence any field work prior to approval of such plan by the Owner. The following additional rules shall apply with respect to spills caused by the Prime Contractor or a Subcontractor: (1) The Prime Contractor shall immediately report any spill or release at the Project site, whether or not it is associated with this Contract, to the Owner's Project Manager or other designated representative. Thereafter, within two (2) working days after the occurrence of such event, the Prime Contractor shall submit a written Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F report describing such event in a degree of detail reasonably acceptable to the Owner. (2) The Prime Contractor shall immediately respond in accordance with the SPRP in the event of a spill. (3) The Prime Contractor shall dispose of spilled materials in accordance with EPA and Texas Commission on Environmental Quality (TCEQ) regulations and any other applicable federal, state, or local laws, rules, or regulations. In connection with such disposals, the Prime Contractor shall use only those transporters and disposal facilities that are approved in advance in writing by the Owner. A copy of all transport manifests for the spilled materials shall be obtained and retained in the Prime Contractor's records for reference purposes, to be provided upon request of the Architect/Engineer, the Owner, or any governmental regulatory agency with jurisdiction over the matter. ALL COSTS OF COLLECTION, CONTAINMENT, AND DISPOSAL OF SPILLED MATERIALS SHALL BE THE SOLE RESPONSIBII,ITY OF THE PRIME CONTRACTOR. (4) For purposes of this Subparagraph (e), the term "spill" includes any kind of environmental discharge or release. (e) Clean Air Management Plan. The Prime Contractor shall comply with the Clean Air Management Plan submitted to and approved by the Owner during the contractor selection process. The Owner reserves the right, at the Prime Contractor's sole expense, to require the removal or retrofitting of any equipment used in the course of construction that does not comply with the Plan submitted to and approved by the Owner. (� The Prime Contractor shall deposit surplus or waste excavation or other materials removed as part of the Work at a legal disposal site in accordance with all applicable state, federal, and local laws, rules, regulations, and ordinances. The Prime Contractor shall submit to the Owner for review and approval all planned disposal sites or proposed uses for the surplus or waste excavation or other materials prior to removal of any excavation or other material from the Project site. A copy of all transport manifests for surplus or waste excavation or other materials shall be obtained and retained in the Prime Contractor's records for reference purposes, to be provided upon request to the Architect/Engineer, the Owner, or any governmental regulatory agency with jurisdichon over the matter. (g) The Prime Contractor is responsible for obtaining all TXPDES Storm Water Permits from TCEQ for construction of the Project under regulations contained in 40 CFR Part 122, as amended, pursuant to the Clean Water Act, 33 U.S.C.A. §§1251 et seq. These regulations require the filing of a notice of intent to obtain and abide by the general storm water permit for construction activities promulgated by EPA, including but not limited to cleaning, grading, and excavation that disturb the applicable amount of total land area. In addition, the Prime Contractor shall comply with all regulations of the Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F Owner relating to storm water and storm water runoff management at the Project site pursuant to Chapter 19, Article IX, Denton City Code, as amended. (h) The Prime Contractor shall not install any materials in the performance of the Work that contain asbestos or asbestos-related material such as hydrated mineral silicate, including chrysolite, amosite, crocidolite, tremolite, anthophylite or actinolite, whether friable or non-friable. (i) The Owner reserves the right in its sole option to exercise the following remedies (without waiving the right to pursue the imposition of any civil or criminal fines or penalties that may be imposed under state, federal, or local laws or ordinances), at no additional cost to the Owner and without an extension of the Contract Time, in the event the Prime Contractor fails or refuses after seven (7) days advance written notice from the Owner to comply with the provisions of this Paragraph 10.10, the terms of the SPRP, the terms of the Clean Air Management Plan, any storm water permit or other environmental permit issued in connection with the Work, or any applicable environmental law, rule, regulation, or ordinance: (1) suspend all or any portion of the Work until the noncompliance is corrected, or until a detailed plan to achieve compliance within a reasonably prompt period of time is prepared by the Prime Contractor and approved by the Owner; (2) if the Prime Contractor fails to properly address the noncompliance within the time stipulated by the Owner, perform the necessary remediation or correction work and backcharge the Prime Contractor for the cost of the remediation or correction; or (3) terminate the Contract for cause as provided in Article 13. ARTICLE ll INSURANCE AND BONDS 111 PRIME CONTRACTOR'S INSURANCE Prime Contractors shall refer to the requirements listed within the solicitation document and resulting contract for all City of Denton insurance requirements. Should a conflict arise between the solicitation document and the resulting contract, the requirements set forth in the actual contract shall prevail. 11.2 PROPERTY INSURANCE Prime Contractors shall refer to the requirements listed within the solicitation document and resulting contract for all City of Denton insurance requirements. Should a conflict arise between the solicitation document and the resulting contract, the requirements set forth in the actual contract shall prevail. 11.3 `UMBRELLA' LIABILITY INSURANCE Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F Prime Contractors shall refer to the requirements listed within the solicitation document and resulting contract for all City of Denton insurance requirements. Should a conflict arise between the solicitation document and the resulting contract, the requirements set forth in the actual contract shall prevail. 11.4 POLICY ENDORSEMENTS AND SPECIAL CONDITIONS Prime Contractors shall refer to the requirements listed within the solicitation document and resulting contract for all City of Denton insurance requirements. Should a conflict arise between the solicitation document and the resulting contract, the requirements set forth in the actual contract shall prevail. 11.5 PERFORMANCE AND PAYMENT BONDS (a) Subject to the provisions of Subparagraph 11.5(b), the Prime Contractor shall, with the execution and delivery of the Construction Services Agreement, furnish and file with the Owner in the amounts required in this Paragraph, the surety bonds described in Clauses (a)(1) and (a)(2) below, which surety bonds shall be in accordance with the Charter of the City of Denton and the provisions of Chapter 2253, Texas Government Code, as amended; each bond shall be signed by the Prime Contractor, as Principal, and by an established bonding company, as surety, meeting the requirements of Subparagraph 11.5(c) and approved by the Owner. The surety bonds shall be accompanied by an appropriate Power- of-Attorney clearly establishing the extent and limitations of the authority of each signer to so sign: (1) Performance Bond. A good and sufficient bond in an amount equal to 100% of the total Contract Sum, guaranteeing the full and faithful execution of the Work and performance of the Contract in accordance with Plans, Specifications and all other Contract Documents, including any Amendments thereof, for the protection of the Owner. This bond shall also provide for the repair and maintenance of all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and acceptance of the improvements by the Owner or lesser or longer periods as may be otherwise designated in the Contract Documents. (2) Payment Bond. A good and sufficient bond in an amount equal to 100% of the total Contract Sum, guaranteeing the full and prompt payment of all claimants supplying labor or materials in the prosecution of the Work provided for in the Contract Documents and any Amendments thereto, and for the use and protection of each claimant. (b) If the Contract Sum, including Owner-accepted alternates and allowances, if any, is greater than $50,000, Payment bonds in 100% of the Contract Sum are mandatory and shall be required to be provided by the Contractor. If the Contract Sum is greater than $100,000, a Payment Bond and Performance Bond in 100% of the Contract amount is mandatory. (c) No surety will be accepted by the Owner who is now in default or delinquent on any bonds or who is a party to any litigation against the Owner. All bonds shall be made and executed Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F (d) on the Owner's standard forms, shall be approved by the Owner, and shall be executed by not less than one corporate surety that is authorized and admitted to do business in the State of Texas, is licensed by the State of Texas to issue surety bonds, is listed in the most current United States Department of the Treasury List of Acceptable Sureties, and is otherwise acceptable to the Owner. Each bond shall be executed by the Prime Contractor and the surety, and shall specify that legal venue for enforcement of each bond shall lie exclusively in Denton County, Texas. Each surety shall designate an agent resident in Denton County, Texas to whom any requisite statutory notices may be delivered and on whom service of process may be had in matters arising out of the suretyship. Contractor will be required to furnish original performance and payment bonds for 100 percent of the total submission price before work is to commence. The Contractor shall assume all costs in increasing the bond limits if change orders are formally approved. Bonds shall be in accordance with the V.T.C.A Government Code Section 2253.021, as amended, from a surety licensed to do business in the State of Texas. The City, at its option, may waive the payment and performance bond requirements for projects of less than $50,000. Bond forms are attached and shall be returned upon notice of contract award by the City. Bonds should be forwarded to the City of Denton within fourteen (14) calendar days from contract award. This contract is not fully executed until payment and performance bonds are received and accepted by the City. Upon approval, a purchase order will be issued. (e) The failure of the Contractor to deliver the required statutory bonds and evidence of insurance within fourteen (14) calendar days after the Contract is awarded shall constitute a material breach of the Prime Contractor's bid proposal and the Owner may rescind the Contract award and collect or retain the proceeds of the bid security. By reason of the uncertainty of the market prices or materials and labor, and it being impracticable and difficult to determine accurately the amount of damages occurring to the Owner by reason of the Prime Contractor's failure to execute and furnish the statutory bonds within fourteen (14) calendar days, the filing of a bid proposal with the accompanying bid security will be considered as an acceptance of this Subparagraph 11.5(e). In the event the Owner should re-advertise for bids, the defaulting Prime Contractor shall not be eligible to bid, and the lowest responsible bid obtained in the re-advertisement shall be the bid referred to in this Paragraph. ARTICLE 12 DEFECTIVE AND NONCONFORMING WORK 121 UNCOVERING OF WORK (a) If a portion of the Work is covered contrary to the Architect/Engineer's request or to requirements specifically expressed in the Contract Documents, the Work must, if required in writing by the Architect/Engineer, be uncovered for the Architect/Engineer's Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F observation and be replaced at the Prime Contractor's expense without change in the Contract Time. (b) If a portion of the Work has been covered which the Architect/Engineer has not specifically requested to observe prior to it being covered, the Architect/Engineer may request to see such Work and it shall be uncovered by the Prime Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If any Work is not in accordance with the Contract Documents, the Prime Contractor shall pay the costs of uncovering, repair, replacement unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK (a) The Prime Contractor shall promptly correct Work rejected by the Architect/Engineer as failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Prime Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect/Engineer's services and expenses made necessary thereby. (b) If any of the Work is found to be defective or nonconforming with the requirements of the Contract Documents, the Prime Contractor shall correct it promptly after receipt of written notice from the Architect/Engineer or the Owner to do so unless the Owner has previously given the Prime Contractor a written acceptance or waiver of the defect or nonconformity. The Prime Contractor's obligation to correct defective or nonconforming Work remains in effect for: (1) one year after the date of Substantial Completion of the Work or designated portion of the Work; (2) one year after the date for commencement of warranties established by agreement in connection with partial occupancy under Subparagraph 9.8(a); or (3) the stipulated duration of any applicable special warranty required by the Contract Documents. (c) The one-year period described in Clauses (b)(1) and (b)(2) shall be extended with respect to portions of the Work performed, repaired, or corrected after Substantial Completion by the period of time between Substantial Completion and the actual completion of the Work. (d) The obligations of the Prime Contractor under this Paragraph 12.2 shall survive final acceptance of the Work and termination of this Contract. The Owner shall give notice to the Prime Contractor promptly after discovery of a defective or nonconforming condition in the Work The one-year period stated in Clauses (b)(1) and (b)(2) does not limit the ability of the Owner to require the Prime Contractor to correct latent defects or Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F nonconformities in the Work, which defects or nonconformities could not have been discovered through reasonable diligence by the Owner or the Architect/Engineer at the time the Work was performed or at the time of inspection for certification of Substantial Completion or Final Completion. The one year period also does not relieve the Prime Contractor from liability for any defects or deficiencies in the Work that may be discovered after the expiration of the one year correction period. (e) The Prime Contractor shall remove from the Project site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Prime Contractor nor accepted by the Owner. (� If the Prime Contractor fails to correct defective or nonconforming Work within a reasonable time after notice from the Owner or the Architect/Engineer, the Owner may correct it in accordance with Paragraph 2.4. If the Prime Contractor does not proceed with correction of defective or nonconforming Work within a reasonable time fixed by written notice from the Architect/Engineer, the Owner may remove or replace the defective or nonconforming Work and store the salvageable materials or equipment at the Prime Contractor's expense. If the Prime Contractor does not pay costs of removal and storage within ten days after written notice, the Owner may, upon ten (10) additional days written notice, sell the materials and equipment at auction or at private sale and shall account for the proceeds after deducting costs and damages that should have been borne by the Prime Contractor, including compensation for the Architect/Engineer's services and expenses made necessary as a result of the sale. If the proceeds of sale do not cover costs which the Prime Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments due to the Prime Contractor then or thereafter are not sufficient to cover the deficiency, the Prime Contractor shall pay the difference to the Owner. (g) The Prime Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or separate contractors, whether the construction is completed or partially completed, that is caused by the Prime Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. (h) Nothing contained in this Paragraph 122 shall be construed to establish a period of limitation with respect to other obligations which the Prime Contractor might have under the Contract Documents. Establishment of the one-year time period as described in Subparagraph 12.2(b) relates only to the specific obligation of the Prime Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Prime Contractor's liability with respect to the Prime Contractor's obligations other than specifically to correct the Work. (i) Any Work repaired or replaced pursuant to this Article 12 shall be subject to the provisions of Article 12 to the same extent as Work originally performed or installed. 12.3 ACCEPTANCE OF NONCONFORMING WORK Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F The Owner may, in the Owner's sole discretion, accept Work which is not in accordance with the requirements of the Contract Documents instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. The adjustment will be accomplished whether or not final payment has been made. ARTICLE 13 COMPLETION OF THE CONTRACT; TERMINATION; TEMPORARY SUSPENSION 131 FINAL COMPLETION OF CONTRACT The Contract will be considered completed, except as provided in any warranty or maintenance stipulations, bond, or by law, when all the Work has been finally completed, the final inspection is made by the Architect/Engineer, and final acceptance and final payment is made by the Owner. 13.2 WARRANTY FULFILLMENT Prior to the expiration of the specified warranty period provided for in the Contract Documents, the Architect/Engineer will make a detailed inspection of the Work and will advise the Prime Contractor and the Prime Contractor's Surety of the items that require correction. The Architect/Engineer will make a subsequent inspection and if the corrections have been properly performed, the Architect/Engineer will issue a letter of release on the maintenance stipulations to the Prime Contractor and the Surety. If for any reason the Prime Contractor has not made the required corrections before the expiration of the warranty period, the warranty provisions as provided for in the Contract Documents shall remain in effect until the corrections have been properly performed and a letter of release issued. 13.3 TERMINATION BY THE OWNER FOR CAUSE (a) Notwithstanding any other provision of these General Conditions, the Work or any portion of the Work may be terminated immediately by the Owner for any good cause after giving seven (7) days advance written notice and opportunity to cure to the Prime Contractor, including but not limited to the following causes: (1) Failure or refusal of the Prime Contractor to start the Work within ten (10) days after the date of written notice by the Owner to commence the Work. (2) A reasonable belief that the progress of the Work being made by the Prime Contractor is insufficient to complete the Work within the specified time. (3) Failure or refusal of the Prime Contractor to provide sufficient and proper equipment or construction forces to properly execute the Work in a timely manner. (4) A reasonable belief that the Prime Contractor has abandoned the Work. Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F (5) A reasonable belief that the Contractor has become insolvent, bankrupt, or otherwise financially unable to carry on the Work. (6) Failure or refusal on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any written orders given by the Architect/Engineer or the Owner as provided for in the Contract Documents. (7) Failure or refusal of the Prime Contractor to promptly make good any defects in materials or workmanship, or any defects of any nature, the correction of which has been directed in writing by the Architect/Engineer. (8) A reasonable belief by the Owner that collusion exists or has occurred for the purpose of illegally procuring the Contract or a Subcontractor, or that a fraud is being perpetrated on the Owner in connection with the construction of Work under the Contract. (9) Repeated and flagrant violation of safe working procedures. (10) The filing by the Prime Contractor of litigation against the Owner prior to completion of the Work. (b) When the Work or any portion of the Work is terminated for any of the causes itemized above or for any other cause except termination for convenience pursuant to Subparagraph 133(e), the Prime Contractor shall, as of the date specified by the Owner, discontinue the Work or portion of the Work as the Owner shall designate, whereupon the surety shall, within fifteen (15) days after the written notice of termination for cause has been served upon the Prime Contractor and the surety or its authorized agents, assume the obligations of the Prime Contractor for the Work or that portion of the Work which the Owner has ordered the Prime Contractor to discontinue and may: (1) perform the Work with forces employed by the surety; (2) with the written consent of the Owner, tender a replacement contractor to take over and perform the Work, in which event the surety shall be responsible for and pay the amount of any costs required to be incurred for the completion of the Work that are in excess of the amount of funds remaining under the Contract as of the time of the termination; or (3) with the written consent of the Owner, tender and pay to the Owner in settlement the amount of money necessary to finish the balance of uncompleted Work under the Contract, correct existing defective or nonconforming Work, and compensate the Owner for any other loss sustained as a result of Prime Contractor's default. In the event of termination for cause involving Clause (b)(1) or (b)(2), the Surety shall assume the Prime Contractor's place in all respects, and the amount of funds remaining unpaid under the Contract shall be paid by the Owner for all Work performed by the surety or the replacement contractor in accordance with the terms Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F of the Contract Documents, subject to any rights of the Owner to deduct any costs, damages, or actual damages that the Owner may have incurred, including but not limited to additional fees and expenses of the Architect/Engineer and attorneys fees, as a result of such termination. (c) The balance of the Contract Sum remaining at the time of the Prime Contractor's default and of the termination shall become due and payable to the surety as the Work progresses, subject to all of the terms, covenants, and conditions of the Contract Documents. If the surety does not, within the time specified in Subparagraph 133(b), exercise its obligation to assume the obligations of the Contract, or that portion of the Contract which the Owner has ordered the Prime Contractor to discontinue, then the Owner shall have the power to complete the Work by contract or otherwise, as it may deem necessary. The Prime Contractor agrees that the Owner shall have the right to take possession of or use any or all of the materials, plant, tools, equipment, supplies, and property of every kind provided by the Prime Contractor for the purpose of the Work, and to procure other tools, equipment, labor, and materials for the completion of the Work, and to charge to the account of the Prime Contractor the expenses of completion and labor, materials, tools, equipment, and incidental expenses. The expenses incurred by the Owner to complete the Work shall be deducted by the Owner out of the balance of the Contract Sum remaining unpaid to or unearned by the Contractor. The Prime Contractor and the surety shall be liable to the Owner for any costs incurred in excess of the balance of the Contract Sum for the completion and correction of the Work, and for any other costs, damages, expenses (including but not limited to additional fees of the Architect/Engineer and attorney's fees), and damages incurred as a result of the termination. (d) The Owner shall not be required to obtain the lowest bid for the Work of completing the Contract as described in Subparagraph 13.3(c), but the expenses to be deducted from the Contract Sum shall be the actual cost of such Work In case the Owner's expense is less than the sum which would have been payable under the Contract, if the same had been completed by the Prime Contractor, then the Owner may pay to the Prime Contractor (or the Surety, in the event of a complete termination for cause) the difference in the cost, provided that the Prime Contractor (or the Surety) shall not be entitled to any claim for damages or for loss of anticipated profits. In case such expenses for completion shall exceed the amount which would have been payable under the Contract if the same had been completed by the Prime Contractor, then the Prime Contractor and his Sureties shall pay the amount of the excess to the Owner on notice from the Owner for excess due. When only a particular part of the Work is being carried on by the Owner by contract or otherwise under the provisions of this Subparagraph, the Prime Contractor shall continue the remainder of the Work in conformity with the terms of the Contract, and in such manner as not to hinder or interfere with the performance of workmen employed and provided by the Owner. (e) The unconditional right to terminate this Contract for the convenience of the Owner (including but not limited to non-appropriation of funding) is expressly retained by the Owner. In the event of termination for convenience, the Owner shall deliver at least ten (10) days advance written notice of termination for convenience to the Prime Contractor. Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F Upon the Prime Contractor's receipt of such written notice, the Prime Contractor shall cease the performance of the Work and shall take reasonable and appropriate action to secure and protect the Work in place. The Prime Contractor shall then be reimbursed by the Owner in accordance with the terms and provisions of the Contract Documents, not to exceed actual labor costs incurred, materials stored at the Project site or away from the Project site as approved by the Owner but not yet paid for, plus actual, reasonable, and documented termination charges, if any, paid by the Prime Contractor in connection with the Work in place which is completed and in conformance with the Contract Documents to the date of termination for convenience. No amount shall ever be due to the Prime Contractor for lost or anticipated profits. 13.4 TEMPORARY SUSPENSION OF THE WORK (a) The Work or any portion of the Work may be temporarily suspended by the Owner immediately upon written notice to the Prime Contractor for any reason, including but not limited to: (1) the causes described in Clauses 13.1(a)(1) through (a)(10) above; (2) where other provisions in the Contract Documents require or permit temporary suspension of the Work; (3) situations where the Work is threatened by, contributes to, or causes an immediate threat to public health, safety, or security; or (4) other unforeseen conditions or circumstances. (b) The Prime Contractor shall immediately resume the temporarily suspended Work when ordered in writing by the Owner to do so. The Owner shall not under any circumstances be liable for any claim of the Prime Contractor arising from a temporary suspension due to a cause described in Clause (a)(1) above; provided, however, that in the case of a temporary suspension for any of the reasons described under Clauses (a)(2) through (a)(4), where the Prime Contractor is not a contributing cause of the suspension under one of those Clauses or where the provision of the Contract Documents in question specifically provides that the suspension is at no cost to the Owner, the Owner will make an equitable adjustment for the following items, provided that a claim is properly made by the Prime Contractor under Subparagraph 43 of these General Conditions: (1) an equitable extension of the Contract Time, not to exceed the actual delay caused by the temporary suspension as determined by the Architect/Engineer and the Owner; (2) an equitable adjustment to the Contract Sum for the actual, necessary, and reasonable costs of properly protecting any Work that is finished or partially Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F finished during the period of the temporary suspension (no profit and overhead shall be allowed on top of these costs); and (3) if it becomes necessary to move equipment from the Project site and then return it to the Project site when the Work is ordered to be resumed, an equitable adjustment to the Contract Sum for the actual, necessary, and reasonable cost of these moves; provided, however, that no adjustment shall be due if the equipment is moved to another Proj ect site of the Owner. ARTICLE 14 MISCELLANEOUS PROVISIONS 141 GOVERNING LAW; COMPLIANCE WITH LAWS AND REGULATIONS (a) This Contract shall be in all things governed by the laws of the State of Texas without regard to conflict of laws principles. (b) The Contractor shall, during the performance of the Work, comply with all applicable City codes and ordinances, as amended, and all applicable State and Federal laws, rules and regulations, as amended. 14.2 SUCCESSORS AND ASSIGNS The Owner and the Prime Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to the promises, covenants, terms, conditions, and obligations contained in the Contract Documents. The Prime Contractor shall not assign, transfer, or convey its interest or rights in the Contract, in part or as a whole, without written consent of the Owner. If the Prime Contractor attempts to make an assignment, transfer, or conveyance without the Owner's written consent, the Contractor shall nevertheless remain legally responsible for all obligations under the Contract Documents. The Owner shall not assign any portion of the Contract Sum due or to become due under this Contract without the written consent of the Prime Contractor, except where assignment is compelled or allowed by court order, the terms of the Contract Documents, or other operation of law. 14.3 WRITTEN NOTICE Except as otherwise provided in Article 16, any notice, payment, statement, or demand required or permitted to be given under this Contract by either party to the other may be effected by personal delivery in writing or by mail, postage prepaid to the Project Manager or Superintendent of either party, or to an officer, partner, or other designated representative of either party. Mailed notices shall be addressed to the parties at an address designated by each party, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three (3) days after mailing. 14.4 RIGHTS AND REMEDIES; NO WAIVER OF RIGHTS BY OWNER (a) The duties and obligations imposed on the Prime Contractor by the Contract Documents and the rights and remedies available to the Owner under the Contract Documents shall be in Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or made available by law. (b) No action or failure to act by the Owner shall constitute a waiver of a right afforded the Owner under the Contract Documents, nor shall any action or failure to act by the Owner constitute approval of or acquiescence in a breach of the Contract by Prime Contractor, except as may be specifically agreed in writing by Change Order or Supplemental Agreement. 14.5 INTEREST The Owner shall not be liable for interest on any progress or final payment to be made under the Contract Documents, except as may be provided by the applicable provisions of the Prompt Payment Act, Chapter 2251, Texas Government Code, as amended, subject to Paragraph 9.6(a) of these General Conditions. 14.6 OFFICERS OR EMPLOYEES OF THE OWNER NOT TO HAVE FINANCIAL INTEREST IN ANY CONTRACT OF THE OWNER No officer or employee of the Owner shall have a financial interest, direct or indirect, in any Contract with the Owner, or be financially interested, directly or indirectly, in the sale to the Owner of any land, materials, supplies or services, except on behalf of the Owner as an officer or employee. Any violation of this article shall constitute malfeasance in office, and any officer or employee of Owner guilty thereof shall thereby forfeit his office or position. Any violation of this section, with the knowledge, express or implied, of the person, persons, partnership, company, firm, association or corporation contracting with the Owner shall render the Contract involved voidable by the Owner's City Manager or City Council. 14.7 VENUE This Contract is deemed to be performed in Denton County, Texas, and if legal action is necessary to enforce this Contract, exclusive venue shall lie in Denton County, Texas. 14.8 INDEPENDENT CONTRACTOR In performing the Work under this Contract, the relationship between the Owner and the Prime Contractor is that of an independent contractor. The Prime Contractor shall exercise independent judgment in performing the Work and is solely responsible for setting working hours, scheduling or prioritizing the Work flow and determining the means and methods of performing the Work, subject only to the requirements of the Contract Documents. No term or provision of this Contract shall be construed as making the Prime Contractor an agent, servant, or employee of the Owner, or making the Prime Contractor or any of the Prime Contractor's employees, agents, or servants eligible for the fringe benefits, such as retirement, insurance and worker's compensation, which the Owner provides to its employees. 14.9 NONDISCRIMINATION As a condition of this Contract, the Prime Contractor covenants that he will take all necessary Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F actions to insure that, in connection with any work under this Contract, the Prime Contractor and its Subcontractors will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or handicap unrelated to job performance, either directly, indirectly or through contractual or other arrangements. The Prime Contractor shall also comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12101-12213, as amended. In this regard, the Prime Contractor shall keep, retain and safeguard all records relating to his Contract or Work performed thereunder for a minimum period of three (3) years from final Contract completion, with full access allowed to authorized representatives of the Owner, upon request, for purposes of evaluating compliance with this and other provisions of the Contract. 1410 GIFTS TO PUBLIC SERVANTS (a) The Owner may terminate this Contract immediately if the Prime Contractor has offered, conferred, or agreed to confer any benefit on a City of Denton employee or official that the City of Denton employee or official is prohibited by law from accepting. (b) For purposes of this Article, "benefit" means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct or substantial interest, but does not include a contribution or expenditure made and reported in accordance with law. (c) Notwithstanding any other legal remedies, the Owner may require the Prime Contractor to remove any employee of the Prime Contractor from the Project who has violated the restrictions of this Article or any similar State or Federal law, and obtain reimbursement for any expenditures made to the Prime Contractor as a result of the improper offer, agreement to confer, or conferring of a benefit to a City of Denton employee or official. ARTICLE 15 RIGHT TO AUDIT CONTRACTOR'S RECORDS By execution of the Building Construction Services Agreement, the Prime Contractor grants the Owner the right to audit, at the Owner's election, all of the Prime Contractor's records and billings relating to the performance of the Work under the Contract Documents. The Prime Contractor agrees to retain its Project records for a minimum of five (5) years following completion of the Work The Owner agrees that it will exercise the right to audit only at reasonable hours. City may review any and all of the services performed by Prime Contractor under this Contract. Any payment, settlement, satisfaction, or release made or provided during the course of performance of this Contract shall be subject to City's rights as may be disclosed by an audit under this section. ARTICLE 16 NOTICE OF CONTRACT CLAIM This Contract is subject to the provisions of the Denton City Code, as amended, relating to requirements for filing a notice of a breach of contract claim against City. Prime Contractor shall comply with the requirements of this ordinance as a precondition of any litigation relating to this Contract, in addition to all other requirements in this Contract related to claims and notice of Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F claims. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. RFP/Bid documents 3. City's standard terms and conditions 4. Purchase order 5. Supplier terms and conditions Contract 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F EXHIBIT D PAYMENT AND PERFORMANCE BOND REQUIREMENTS Contractor will be required to furnish original performance and payment bonds for one hundred (100%) percent of the total submission price before work is to commence. The Contractor shall assume all costs in increasing the bond limits if change orders are formally approved. Bonds shall be in accordance with the V.T.C.A Government Code Section 2253.021, as amended, from a surety licensed to do business in the State of Texas. The City, at its option, may waive the payment and performance bond requirements for projects of less than $50,000. Bond forms are attached and shall be returned upon notice of contract award by the City. Bonds should be forwarded to the City of Denton within fourteen (14) calendar days from contract award. This contract is not fully executed until payment and performance bonds are received and accepted by the City. Upon approval, a purchase order will be issued. File # 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F EXHIBIT E INSURANCE REQUIREMENTS AND WORKERS' COMPENSATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, 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 Company 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 shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. File # 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F • Cancellation: City requires 30 day written 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, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: File # 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned hired and non-owned autos. [X] Workers' Compensation Insurance Contractor shall purchase and maintain Workers' Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a$500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation Commission (TWCC). [] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a$1,000,000.00 aggregate. [] Fire Damage Legal Liability Insurance File # 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Environmental Liability Insurance Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract. [ ] Riggers Insurance The Contractor shall provide coverage for Rigger's Liability. Said coverage may be provided by a Rigger's Liability endorsement on the existing CGL coverage; through and Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Rigger's Liability Coverage form. Said coverage shall mirror the limits provided by the CGL coverage [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a"blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. File # 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F ATTACHMENT 1 [X] Workers' Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCG 81, TWCG82, TWCG83, or TWCG84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a proj ect, for the duration of the proj ect. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the proj ect, for the duration of the proj ect. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the proj ect, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and File # 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the proj ect. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. L The contractor shall contractually require each person with whom it contracts to provide services on a project, to: l. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the proj ect, for the duration of the proj ect; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the proj ect; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the proj ect; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that File # 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F materially affects the provision of coverage of any person providing services on the proj ect; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. File # 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F Exhibit F Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be repuired to furnish an ori�inal notarized Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: l. Log onto the State Ethics Commission Website at : h��s://www.e�hics.s�a�e.�x.us/wha�snew/elf infc�_fc�rin1295.h�in 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Sign and notarize the Form 1295 6. Email the notarized form to t�urchasin�(t�,ci�vc�fden�c�n.cc�in with the contract number in the subject line. (EX: Contract 1234 — Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. File # 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F EXHIBIT G CONTRACTORS PROPOSAL RFP 6218 - Construction of Middle Entrance Road Respondent's Name: Jagoe Public Company Principal Place of Business (City and State) Denton, TX Respondent is a Corporation, Partnership, sole Proprietorship, or Individual? Corporation Total calendar days after Notice to Proceed is issued by City for 30 project start: Total calendar days after project start to substantial completion: 180 Project timeframe grand total: 210 Estimated Item No. Description (�uantity Unit Unit Cost Amount 1 Allowance for mobilization and demobilization, $ 13,500.00 $ 13,500.00 50% for mobilization and 50% for demobilization (1% max of bid 1 LS proposal). 3 Site restoration and (andscaping (including but $ 36,000.00 $ 36,000.00 not limited to seeding, hydromulch, fertilizer, temporary irrigation and finished grading). 1 LS 4 Furnish and install temporary sediment and $ 3,500.00 $ 3,500.00 erosion control devices and all related items, complete and in place as detailed and 1 LS specified. 5 Development and maintenance of Stormwater $ 1,500.00 $ 1,500.00 Pollution Prevention Plan. 1 LS 6 Demolition (including but not (imited to $ 51,000.00 $ 51,000.00 concrete, asphalt, vegetation, fence, headwall, and reinforced concrete pipes 1 LS as shown on the drawings). 7 Install 10" reinforced concrete pavement with $ 60.00 $ 423,600.00 all appurtenances to be complete in place. 7,060 SY 8" modified subgrade with 27 pounds/SY of 6% $ 6.00 $ 42,360.00 ' by weight of hydrated (ime. 7,060 SY Hydrated (ime to be complete in place 95.5 TONS $ 180.00 $ 17,190.00 Install 4" HMACType'D' and 8" HMACType'A' $ 45.00 $ 134,730.00 with lime modification or 6" flex base with all appurtenances to be g complete in place. (Owner is electing to use a 2,994 SY 6" flex base and will supply materials for the flex base.) File # 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F 9 Install 8' chain-link fence with all $ 25.00 $ 18,750.00 appurtenances to be complete in place. 750 LF 10 Install 8' chain-link slide gate with all $ 385.00 $ 26,950.00 appurtenances to be complete in place. �0 LF 11 Install 12 x 6 precast box culvert with all $ 950.00 $ 42,750.00 appurtenances to be complete in place. 45 LF Install soil supported steel crash rail guard $ 145.00 $ 70,035.00 fence with all appurtenances to be complete in 12 place. Refer to Line Item 34 for cost 483 LF breakdown of the retaining wall supported steel crash rail. 14 12" rock riprap with bedding and filter fabric $ 170.00 $ 30,600.00 with all appurtenances complete in place. 180 CY 15 Install 18" RCP Class III with all appurtenances $ 70.00 $ 5,810.00 to be complete in place. g3 LF 17 Install Type'B' Headwall for 18" RCP with all $ 1,500.00 $ 4,500.00 appurtenances to be complete in place. 3 EA 19 Install trench drain similar to existing trench $ 400.00 $ 8,400.00 drain with all appurtenances to be complete in 21 LF place 20 Site grading 1200 CY $ 20.00 $ 24,000.00 22 Groundwater monitoring well modification $ 2,300.00 $ 2,300.00 with all appurtenances to be complete in 1 EA place. 23 Remove and replace electric meter disconnect $ 7,400.00 $ 7,400.00 and irrigation box with all appurtenances to be 1 EA complete in place. 24 Install metal beam guard fence with all $ 53.00 $ 6,890.00 appurtenances to be complete in place. 130 LF Relocate existing (ight poles with all $ 4,800.00 $ 43,200.00 appurtenances to be complete in place. Refer 25 to Line Item 35 for the cost of the (ight pole 9 EA base integral with retaining wall. 26 Install bollards with all appurtenances to be 4 EA $ 130.00 $ 520.00 complete in place. 27 Provide (abor to install and build stone strong $ 40,000.00 $ 40,000.00 big block retaining wall components. Owner 1 LS will provide retaining wall components. 28 Provide (abor to place backfill material for $ 20,000.00 $ 20,000.00 retaining wall to the grades shown on the plans. Owner will provide material for 1 LS retaining wall backfill. 29 CI P Concrete Extenders without factor for $ 500.00 $ 39,500.00 waste and spillage (All required formwork is 79 CY considered to be included in this unit price.) 30 Cast-in Place Concrete Cap at top of wall, $ 575.00 $ 189,750.00 without factor for waste and spillage 330 CY File # 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F 31 Crushed rock/concrete base of wall, without $ 34.00 $ 6,800.00 factor for waste and spillage. 200 CY 32 Excavation at wall base. 1,615 CY $ 18.00 $ 29,070.00 33 Subgrade prep at wall base. 825 SY $ 8.00 $ 6,600.00 34 Steel crash rail supported by retaining wall 808 LF $ 128.00 $ 103,424.00 Cast into big block — including rails and posts $ 162.00 $ 3,726.00 (Any additional concrete filling at big blocks is 23 LF considered to be included in the unit price.) With 16" drilled piers in soil 16 LF $ 151.00 $ 2,416.00 16" diameter drilled piers at crash rail posts 22 CY $ 175.00 $ 3,850.00 35 Light pole base integral with big block wall 3 EA $ 150.00 $ 450.00 36 Payment and Performance Bonds 1 LS $ 16,500.00 $ 16,500.00 Grand Total: $1,477,571.00 File # 6218 DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F EXHIBIT G City of Denton RFP FOR CONSTRUCTION OF MIDDLE ENTRANCE ROAD FOR SOLID WASTE XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX xxxxxxxxxxxxxxxxxxxx �IJS SS O R �' ��S'TIOI�TI�1A Al�TD FO � L Contract Infonnation (for fonnal contracting purposes): II1C f0%jOW111f� 111fOl�naatiori will he uSCG� l0 W7'11C Cl COYIIYCLCI, S%201ljG� }�021t' f ll'731 %JG' .SG'jCCICGi fOT" CLWCll'G� • Firm's Legal Name: Jagoe-Public Company • Address: 3020 Fort Worth lirive, l)enton, TX 76202 • Agent Authorized to sign contract (Name): Billy Cheek • Agent's email address: bill .�e��Lgoepublic.com 2. Subsidiary of: 3. Organization Class (circle): Partnership Corporation Individual Association 4. Tax Payer ID#: 75-0833657-9 5. Date Established: l l/15/1950 6. Hisiorically Underutilized Susiness: Yes o No 7. Does your c pany have an established physical presence in the State of Texas, or the City of Denton? Yes r No, in which? Both the State of Texas and in the City of lienton. 8. Please provide a detailed listing of all products and/or services that your company provides. Jagoe-Public is a Heavy Highway Contractor that produces asphalt, the installation of asphalt, and performs the following services, including, but not limited to; earthwork, drainage utilities, water c� sewer utilities, asphalt paving, concrete paving, curb c� gutter, sidewalks, bridge construction, etc. 9. Has your company filed or been named in any litigation involving your company and the Owner on a contract within the last five years under your current company name or any other company name? If so provide details of the issues and resolution if available. Include lawsuits where Owner was involved. (Notice: Failure to disclose this information dlu�ing proposal submission, and later discovered, inay result in contract tennination at the Owner's option.) IVo. RFP 6218C DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F EXHIBIT G City ofDenton RFP FOR CONSTRUCTION OF MIDDLE ENTRANCE ROAD FOR SOLID WAST'E lO.Have you ever defaulted on or failed to coinplete a contract under your current company naine or any other company name? If so, where and why? Give name and telephone number of Owner. �to. 11.Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone nuinber (s) of Ol�vner (s). I�o. 12.Has yotu company implemented an Employee Health and Safety Pro�am compliant with 29 CFR 1910 "General Industry Standards" and/or 29 CFR 1926 "General Construction Standards" as they apply to your Company's customary activities? Yes. http://www.osha.gov/pls/oshaweb/owasrch.search form?p_doc type=STANDARDS&p_toc level =1&p keyvalue=1926 13.Resident/Non-Resident Bidder Determination: Texas Government Code Section 2252.002: Non-resident bidders. Texas law prohibits cities and other governmental units from awarding contracts to a non-resident firtn unless the amount of such a bid is lower than the lowest bid by a Texas resident by the amount the Texas resident would be required to underbid in the non-resident Uidders' state. In order to make this determination, please provide the name, address and phone number of: a. Responding firms principle place of business: Jago�Public Company, 3020 Fort Worth Drive, Denton, 'I'X 76205 b. Company's majority owner principle place of business: J. I.ee 1Vlilligan, 92Q0 Triangle Drive, Amarillo, �'X 79120 c. Ultimate Parent Company's principle place of business: J. L,ee 11�Iilligan, 92Q0 'Triangle I3rive, EAmarello, 'T� 79120 RFP b218C DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F EXHIBIT G City of Denton RFP FOR CONSTRUCTION OF MIDDLE ENTRANCE ROAD FOR SOLID WASTE 14. Provide det�ils to s��port the evaluation eriteria; iytel4.tdina e%perle�ee �IId del'1ve�'y. ,Tagoe-Public Company h�s been in road construction since 1923 and has built and reconstreacted naany different highway g�ajeets aaad numerous street rehabs fo�- maaay municipalities, including the City of Iienton. All of our projects have been successful and have been completed in a timely marereer. 15.Provide details on how firm meets the mininaum qualific�tions stated in this Main document Section 3. a. The details must be completed on this form, and shall not point to another document in the respondent's proposal. b. Sign below and retum fonn with finaI submission. Jagoe-Public does meet the minimum qualifications stated in this document. Our company performs all types of road construction, including asphalt and concrete paving, drainage, wet utilities and structures. I certify that our firm meet the minimum qualifications as stated in this Main document, Section 3. /�� ' + , � � � r �� 1 �'� �� ,� L? .. ,7 ,, � J� 1 ''' ��%`—% '`� 1� � i'C,t` t� �• l/ l Signatur ` � �ompany Date � RFP 6218C DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F EXHIBIT G City of Denton RFP POR CONSTRUCTION OF MIDDLE ENTRANCE ROAD FOR SOLID WASTE xxxxxxxxxxxxxxxxxxxx SLT�ll�IISSIOI�1 �XCEPTIOI�S/CI,ARIFICA'TIOl�iS Any exceptions or clariiications taken to this solicitation (including terms and conditions iaa Exhibit 2, the General Provisions and Terms and Conditions) must be iternized on the lines below. Additional pages may be added as needed. If there are no exceptions or clarifications, please sign where indicated at the bottom of the page. Item # Description R � �. �` �,,� `- ;\��'; 4- �_�,� L' �� , i� .� . ' �' a �� r� �-t , � � � � '��*_ ��, � r' r�!°�,� � '��, � 1� , c?t � 61v('� t7 r'�`��" , P t" i t A S / .7 ;� R . � � The above exceptions and clarifications (and any additional pages identiiied) are the ONLY exceptions to the specifications, General Provisions and Terms and Conditions in Exhibit 2, and sample contract to this solicitation. I understand that the City may not accept additional exceptions produced after iinal submission of this proposal. � �, <� � ` �.'7.^' � ,� 4 � j�..� �% F�+ �� { � ignature ` Company Date No Exceptions are taken to this solicitation or the General Provisions and Terms and Conditions in Exhibit 2. Signature Company Date RFP 6218C DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F EXHIBIT G City of Denton RFP FOR CONSTRUCTION OF MIDDLE ENTRANCE ROAD FOR SOLID WASTE xxxxxxxxxxxxxxxxxxxxxxxxxx ��'�y ��p� ��g'�I�� The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Govertunent Code, and consider the safety records of potential contractors prior to award of City contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has adopted the following written defuution and criteria for accurately determining the safety record of a respondent prior to awarding City contracts. The defuution and criteria for determining the safety record of a respondent for this consideration shall be: The City of Denton shall consider the safety record of the respondent in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Denton, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the respondent for violations of OSHA regulations witliin the past three {�j years. b. Citations (as defined below) from an Environmental Protection Agency (as defined beiow) for vioTations witlun the past five (S) years. Envirorunental Protection Agencies uiciude, but are not necessarily limited to, the U.S. Ai7ny Coips of Engineers (LJSACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to die TCEQ), die Texas Departinent of Health (TDH), the Texas Parks and Wildlife Deparhnent (TPWD), the Structural Pest Conh�ol Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federallicenses or registrations, fines assessed, pending crimina] complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. c. Convictions of a criminal offense within the past ten (t�} years, which resulted in bodily harm or death. d. Any other safety related inatter deeined by the City Council to be material in detennining the responsibility of the respondent and his or her aUility to perfonn the services or goods required by the solicitation documents in a safe environment, both for the workers and other employees of respondent and the citizens of the City of Denton. in order to obtain proper infonnation from respondents so that City of Denton may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Denton requires that respondents answer the following three (3� questions and submit them with their submissions: RFP 6218C��G��QDiVED(0(XXX ��c�6c�xxx DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F EXHIBIT G City of Denton RFP FOR CONSTRUCTION OF MIDDLE ENTRANCE ROAD FOR SOLID WASTE f?IJESTIOIV OIoIE Has the respondent, or the finn, coiporation, partnership, or institution represented by the respondnet, or anyone acring for such fum, coiporation, partnership or insriturion, received citations for violarions of OSHA within the past three (3) years? YES NO, lf the respondent has uidicated YES for question nuinUer one above, the respondent inust provide to City of Denton, with its submission, the following infonnarion with respect to each such citation: Date of offense, locarion of establishment inspected, category of offense, final disposirion of offense, if any, and penalty assessed. QI.JESTION TWO Has the respondent, or the firm, coiporation, partnership, or insriturion represented by the respondent, or anyone acring for such fum, coiporation, partnership or institution, received citations for violarions of envu-oninental protection laws or regulations, of auy kind or type, witlun the past five years? Citations iuclude notice of violatioi�, notice of enforceinent, suspension/revocations of state or federallicenses, or regist�arions, fines assessed, pending criminal complaints, indiciments, or convicrions, administrative orders, draft orders, fmal orders, and judicial final judgments. YES NO lf the respondent has indicated YES for question nuinUer two above, the respondent inust provide to City of Denton, with its submission, the following infonnation with respect to each such convicrion: Date of offense or occurrence, locarion where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QIJES3'ION 3'I�REE Has the respondent, or the firm, corporation, parinership, or institution represented by respondent, or anyone acting for such firm, corporarion, partnership, or insritution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO If the respondent has indicated YES for question number three above, the respondent must provide to City of Denton, with its submission, the following informarion with respect to each such convicrion: D1te of ofFense, location where offense occurred, type of offense, final disposition of ofFense, if any, and penalty assessed. RFP 6218C DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F EXHIBIT G City of Denton RFP FOR CONSTRUCTION OF N�DLE ENTRANCE ROAD FOR SOLID WASTE t�, ; �r ; r: Please list three (3) Government references, other than the City of Denton, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this solicitation. REFEI2EIiTCE ONE GOVERNMENT/COMPANY NAME: TxDOT Denton County LOCATION: 2624 W. Prairie Road, Denton TX 76201 CONTACT PERSON AND TITLE: Barry Heard, Area Engineer TELEPHONE NiJNIBER: 940-3 87-1414 SCOPE OF WORK: Highway Construction CONTRACT PERIOD: Multiple Proj�cts still ongoing REFGRGNCE TWO GOVER NiENT/COMPANY NAME: TxDOT Denton County LOCATION: 2624 W. Prairie Road, Denton TX 76201 CONTACT PERSON AND TFTLE: Brandon Sparkman, Assistant Area Engineer TELEPHONE NUMBER: 940-387-1414 SCOPE OF WORK: Highway Construction CONTRACT PERIOD: Multiple Projects still ongoing REFERENCE THREE GOVERNMENT/COMPANY NAME: T�;DOT Cooke County LOCATION: 2615 W. Hwy 82, Gainesville, TX 76240 CONTACT PERSON AND TFTLE: Mike Hallum, Area Engineer. TELEPHONE NUMBER: 940-665-5071 SCOPE OF WORK: Hibhway Construction CONTRACT PERIOD: Multiple Projects still ongoing RFP 6218C - - � DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F EXHIBIT G City of Denton RFP FOR CONSTRUCTION OF IvaDDLE ENTRANCE ROAD FOR SOLID WAST'E ' '' 1 :1' � ' : � . � >• Please detail three (3) oi ihe most receni projecis �our f�rm �as completed: Project #1 Name of Project: Hickory Street Roadway Improvements Project Owner Name, Address :tnd Phone Number: City of Denton Original Contract Amount: $2,497,297.00 Final Contract Amount: $2,750,399.40 Contract Time Allotted (Calendar Days): 210 Start Date for Project: June 2014 Final Completion Date for Project: June 2015 Number ofDays to complete (calendar days): 189 Please detail the project, including size, length, and materials used. Also describe any known cornractual issues, successes, or potential problems and solutions encountered. Tlus project was the complete reconstruction of Hickory Street in downtown Denton. This work included the rehab of all storm drainage, wet utilities , paving, hardscape, etc. RFP 6218C DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F EXHIBIT G City of Denton RFP FOR CONSTRUCTION OF MIDDLE ENTRANCE ROAD FOR SOLID WASTE � � � ,�: �, � ._ �. � � \/' Project #2 Name of Project: Denton County US 380 Project Owner Name, Address and Phone Number: TxDOT, 2624 W. Prairie Road, Denton TX 76201, 940-387-1414 Original Contract Amount: $27,522,924.11 Final Contract Amount: $27,083,181.56 Contract Time Allotted (Calendar Days): 594 Start Date for Project: March 2012 Final Completion Date for Project: August 2016 Number ofDays to complete (calendar days): 594 Complete reconstruction of US 380 West coming out ofDenton. Tlus included roadwork, udlities, paving, etc. RFP 6218C DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F EXHIBIT G City of Denton RF`P FOR CONSTRUCTION OF MIDDLE ENTRANCE ROAD FOR SOLID WASTE �,�. � .: �• ,;.., �.. �' I Project #3 Name of Project: Collin County FM 543 Project Owner Name, Address and Phone Number: TxDOT, 2205 South SH 5 McKinney, T� 75069, 972-542-2345 Original Contract Amount: $5,641,783.63 Final Contract Amount: $5,887,894.16 Contract Time Allotted (Calendar Days): 25?, 25 C.O. Days Granted Start Date for Project: 6/21/2011 Final Completion Date for Project: 11/07/12 Number ofDays to complete (calendar days): 277 Please detail the project, including size, length, and materials used. Also describe any known contractual issues, successes, or potential problems and solutions encountered. This project included flexible pavement repair, asphalt overlay, drainage and concrete structures. RFP 6218C DocuSign Envelope ID: B1A580D0-7B2E-452F-AFC8-CBOD850D619F L�CHIBIT H City of Denton RFP FOR CONSTRUCTION OF MIDDLE ENT'RANCE ROAD FOR SOLID WAS'I'E E!'ti �"►:!'i3: z �.'�: �!`: ►:Z-�' i ►1' ! ► : !' 1 ! ►1► _ 1`:' COl�TFLICT OF �1TE�ST (�iTESTIOl�T1�1A - For vendor or other person doing business with local governmental enti This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. �� ' �I�� This questiomlaire is being filed in accordance with Chapter 176, Local Goverument Code, by a vendor who has a business relationship as defined by Section 176.001(i-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an of�ense if the vendor knowingly violates Section 176.006, Local Government Code. An oti'ense under this section is a misdemeanor. Name of vendor Nho has a business relationship with iceal governmental entity. � Check this bns if you are filing an update to a previously filed qu�stionnaire. ('The law requires that you file an updated compieted quesrionnaire with the appropriate filing authority not later than the 7"` business day after the date on which you became awaze that the orie,inallv filed auesrionnaire was incomnlete or u�accurate.l Name of local government officer about whom the information in this section is being disclosed. Nauie of Officer This section, (item 3 including subparts A, B, C& D), must be completed for each officer with �vhom the vendor has an emplo}�nent or other business relarionship as defined by Secrion i76.Q01(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A Is the local government officer named in this secUon receiving or likely to receive taatable income, other than investment income, from the vendor? � Yes a No B. Is the vendor receiving or likely to receive taxabie income, other than investment income, from or at the d'uecrion of the local govenunent officer named in this secrion ANI? the taxable income is not received froui the local governmentai entity? � Yes 0 No C. Is tUe filer of dus questiomi�ire etupIo}�ed bS= a cotporation or other busuiess entity «�ifli respect to wIuch tIie loc��l govenuuent officer serves as �i olTiccr or dircctor, or hoids an o��mcrship of onc perccnt or morc? 0 Yes � No D. Describe each empioyment or business and family relarionship with the local government officer named in this secrion. I have no ConfliM of Interest to disciose. doing business with flie governmental enrity , � �� r� �r� i Date .��c�A�.� � �1� 1 ,.� r '1 ,; • 1 . � • . � � Certificate Of Completion Envelope Id: B1A580D07B2E452FAFC8CBOD850D619F Subject: City Council Docusign Item - 6218 Construction of Middle Entrance Road for Solid Waste Source Envelope: Document Pages: 95 Signatures: 4 Supplemental Document Pages: 0 Initials: 0 Certificate Pages: 7 AutoNav: Enabled Payments: 0 Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 2/24/2017 11:55:32 AM Signer Events Rebecca Hunter rebecca.hunter@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Billy Cheek billy.cheek@jagoepublic.com Executive Vice President Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 2/24/2017 1:27:40 PM ID:2879d508-a792-437f-8ae8-4f04b5cd02ca John Knight john.knight@cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Julia Winkley julia.winkley@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Holder: Rebecca Hunter rebecca.hunter@cityofdenton.com Signature i; Using IPAddress: 129.120.6.150 oo��s�yoea ny: `-- -�A� B3B9� ... Using IPAddress: 75.139.243.122 �000�s�yoea by: a�. ��- C821996C2A2B439... Using IPAddress: 129.120.6.150 Using IPAddress: 129.120.6.150 ��, � �� Status: Completed Envelope Originator: Rebecca Hunter rebecca.hunter@cityofdenton.com IP Address: 129.120.6.150 Location: DocuSign Timestamp Sent:2/24/2017 12:22:51 PM Viewed: 2/24/2017 12:23:02 PM Signed: 2/24/2017 12:24:42 PM Sent: 2/24/2017 12:24:44 PM Viewed: 2/24/2017 1:27:40 PM Signed: 2/24/2017 1:33:42 PM Sent: 2/24/2017 1:33:47 PM Viewed: 2/24/2017 1:49:25 PM Signed: 2/24/2017 1:49:49 PM Sent: 2/24/2017 1:49:50 PM Viewed: 3/8/2017 6:35:20 AM Signed: 3/8/2017 6:35:38 AM Signer Events Signature Todd Hileman -o S9 °bY: todd.hileman@cityofdenton.com � °�� Securit Level: Email Account Authentication �B��sc�„enoonsn . Y , (Optional) Electronic Record and Signature Disclosure: Accepted: 2/8/2017 4:52:51 PM ID:8154723a-9757-4d53-a4b5-794656233671 Jane Richardson jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Jason Roberts jroberts@jagoepublic.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Sherri Thurman sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Julia Winkley julia.winkley@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Using IPAddress: 129.120.6.150 �oo��s�yoea ny: aan.t, �tG�t.aY'�S61n, F96137F96F3D4D3... Using IPAddress: 129.120.6.150 Signature Status Status Status Status Status Timestamp Sent: 3/8/2017 6:35:44 AM Viewed: 3/8/2017 9:47:53 AM Signed: 3/8/2017 9:48:07 AM Sent: 3/8/2017 9:48:10 AM Resent: 3/9/2017 8:06:49 AM Viewed: 3/9/2017 1:09:38 PM Signed: 3/9/2017 1:09:57 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 2/24/2017 12:24:43 PM Viewed: 3/6/2017 9:42:21 AM Sent: 2/24/2017 1:33:45 PM Viewed: 3/9/2017 1:11:08 PM Sent: 2/24/2017 1:33:46 PM Viewed: 2/24/2017 1:40:50 PM Carbon Copy Events Jane Richardson jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Robin Fox Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 10/9/2015 11:39:51 AM ID:04463961-03db-4c4d-9228-d660d6146ed6 Jennifer Bridges jennifer. bridges@cityofdenton.com Procurement Assistant City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jane Richardson jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: David Dugger David.dugger@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 8/12/2015 3:28:06 PM ID:082815fb-67cf-411f-8489-750450aba331 Scott Lebsack scott.lebsack@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status � Status Hashed/Encrypted Security Checked Security Checked Security Checked Timestamp Sent: 3/8/2017 6:35:41 AM Viewed: 3/9/2017 1:20:48 PM Sent: 3/8/2017 6:35:42 AM Sent: 3/9/2017 1:09:59 PM Viewed: 3/20/2017 9:04:40 AM Sent: 3/9/2017 1:10:00 PM Viewed: 3/10/2017 12:35:42 PM Sent: 3/9/2017 1:10:01 PM Viewed: 3/9/2017 2:28:15 PM Sent: 3/9/2017 1:10:02 PM Viewed: 3/9/2017 1:16:50 PM Timestamp Timestamps 3/9/2017 1:10:02 PM 3/9/2017 1:10:02 PM 3/9/2017 1:10:02 PM 3/9/2017 1:10:02 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 4/20/2015 7:25:38 AM Parties agreed to: Billy Cheek, Todd Hileman, Robin Fox, David Dugger ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIl'T OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. � �; %' ��f/ � ` ;�� " "i '"i%' �i�i� � i � , ;j � i/ c, � � ��-��. ^w�Iw��W�� '�a. �f�,�il';� ��r x'd"I'!na"� �;Vu�w�wq�!��,�Y;iw� "�vmn'vd��mf� ��a��ii�� m��",r an� �,;�u"�, �,�ID��'V IV�r!u� �N'�'°��^�P�� °'��;.,��,�V';�w� CHANGE ORDER REQUEST #1 6/19/2017 Contractor: Jagoe-Public Company Work Days Needed : 0 Project: MIDDLE ENTRANCE ROAD FOR SOLID WASTE Bid Number : 6218 Owner: CITY OF DENTON P.O. Number :�� Notes: Price reduction for replacing proposed 12' x 6' Precast Box Culvert Extension with a 10' x 5' CIP Box Culvert due to plan error. Submitted by: r/j►� Matt Thunem - Project Manager Accepted by: �"� �" r'� CP&Y � _ �� ,��d Accepted by: " � „m City of Denfon Date: 6-20-2017 .�`��"��-�;,��"��"�"�.�"�'' �::�� u-W or M/4w1w;.�p.ilYnu.mYa f rw�.wau,.w�.uiuu�meo 9.�u.,wmui� � fanr rk r<m,mlrn-.w�s�Nvaivr ,Gab'�."6' V Yf�,$ .. . ��'C,rl � t �u�'xnw'fV� I�?Pr. �°�;6 aNsv;� �"^�k �%u t�7r±mw, �'.�`W' �+�J`tl�'"� 4�'iniroA �3 &`�+�I�� i�n�*-;?�h16SN ��mwu p&° 1s�ad��9 4W o ��r'" !h'�'� Change Order 2 3/13/2018 Contractor: WD��y�a�, lf��lliia; ��ca�nn�a�� Work Days Needed : 0 Project: MIDDLE ENTRANCE ROAD FOR SOLID WASTE Bid Number : 6218 Owner: CITY OF DENTON P.O. Number : CHANGE ORDER REQUEST FOR ADDITIONAL WORK ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL OVERRUN EXISTING ITEMS 20 SITE GRADING -1200 CY $20.00 -$24,000.00 20 SITE GRADING 1430 CY $20.00 $28,600.00 29 CIP CONCRETE EXTENDERS -79 CY $500.00 -$39,500.00 29 CIP CONCRETE EXTENDERS 88 CY $500.00 $44,000.00 Su tota Existing Items 9,100.00 NEW ITEMS 1.1 DUSTROL MOBILIZATION 1 EA $2,900.00 $2,900.00 4.1 ADD SILT FENCE 400 LF $6.92 $2,768.99 6.1 ADD TEMPORARY FENCE 108 LF $11.47 $1,238.32 7.3 MANHOLE FOR CLEANOUT PIPES 2 EA $566.66 $1,133.32 8.1 FLEX BASE - MATERIAL ONLY 1100 TONS $17.52 $19,267.60 29.1 CIP 24" BLOCK 1 EA $1,524.08 $1,524.08 37 RE-USE LINE REPAIR 20 LF $73.00 $1,460.02 38 ADJUST WATER VALVES 6 EA $1,044.98 $6,269.89 39 15" RCP FOR JUNCTION BOX 12 LF $70.88 $850.58 40 4'x4' CIP JUNCTION BOX 1 EA $4,361.08 $4,361.08 41 REPLACE ALUMINUM WIRE WITH #8 COPPER WIRE 2446 LF $1.80 $4,397.91 42 DISCONNECT NORTH LIGHT POLE ON FOSTER/RECONNECT TO THE SOUTH 1 EA $290.00 $290.00 43 2" SCH 40 PVC BORE FOR LIGHT POLE ON FOSTER 93 LF $20.88 $1,941.84 44 MIDGET FUSING (2 EACH BY 15) 30 EA $58.00 $1,740.00 CP&Y INVOICE 45 CP&Y INVOICE 1 LS -$3,800.00 -$3,800.00 Su tota New Items 46,343.62 Total Change in Contract $55,443.62 Notes: 1. Overrun site grading due to plan qty. error from point 107 to 111, area dimensions are 100' x 62' @ 12" depth. 2. Overrun CIP concrete extenders due to plan qty error. 3. Dustrol mobilization charge incurred due to City's request to cease construction as we began milling. 4. Add silt fence to meet Denton Watershed Protection requirements. Not shown on plans at time of bid. 5. Add temporary fence per City of Denton Solid Waste direction10/26/17. 6 Month rental includes taxes/fees. 6. Manholes to provide access for cleanout pipes near scalehouse. Not shown on plans at time of bid. 7. Flex base required to replace non-spec material intended to be supplied by the City at time of bid. 8. CIP 24" block item not provided at time of bid. Qty 1. Constructed per RFI #8 and #11. 9. Compensation for re-use line repair due to pipe location differing from what was shown on plans and by survey. 10. Adjust water valves item not provided or shown on plans at time of bid. *Pricing based on 4' valve extension stems sourced by Ferguson Waterworks, not Trumbull products. 11. 4'x4' junction box and 15" RCP extension required to address existing headwalls in conflict with paving. *Junction box will be constructed according to the attached City of Denton detail minus the manhole. 12. Items 41-44 added per RFI #11, 11.1 13. Item 45 CP&Y Invoice added per Jason Robert's (Jagoe) and Rebecca Hunter's (City of Denton) conversation 3/13/18. Submitted by: Matt Thunem - Project Manager/Estimator TPani-n-�-i,c�-� Mv"�e,tri.a. Acce ted by:. CP �Y Engineer Ciry of Denton Todd Hileman, City Manager Contra cto r CSJ Project Labor WD��y�a��..11��lliia; �;ca¢nn�a��r IVI I I al a I I I:i::IV I 12,� IV C I�: I'2C>,� I a I C)V2 ,aC> I...I I a W,� ,a I I:i:: � �II If lf �rll II'bll :ll� lf �rll� Item Description unit Quantity �.� ��t�a�Ft��.r��F�� .��v II::� � . �� Description Hours Hourly Rate Subtotal ,;; �� . �, u vii �,�a u �1 41�;a��. �1�1 $0.00 Il::a��u�a. ��a� u��au ,;;kuIIII�.�P �1 `I��;a �� $0.00 II:: ��u . ��.�.u��au �1 41��c�.Gi�1 $0.00 II...��cau` .. ,;;kuIIII�.�P 4�1 `I�%�.f4�1 $0.00 Il...��cau .. �.J��P,kiiIIII�.�P �1 `I��.�� $0.00 If: II��y�y�, u �, �1 `I� � ^� . f;a $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal IEiiii:�i �1.�1 4I� .. $0.00 `I� $0.00 $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If:�iia;kt��a (�} 4�1 41�%Gi.�fl;a $0.00 ,;;�u�r �1 41��1.�1�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��fl�1.�;a $0.00 If:��v�,.u. �1 41��1.�1�1 $0.00 If��allll� u ;�1�.�:11 �?VP��er�.11 �1 `I��.�� $0.00 If��allll�:u If��e:��¢nn��ua; �1 `I��.�� $0.00 II.~9��11 .Il..0 ��a;k �1 `I��.�� $0.00 If��allll� u ;�P��.� �, If: �aca� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name If::b�J;� II Il��rll... 15% Markup Bond Cost 1 % Total Cost of Item Unit Cost of Item Description ��t�a��Ft�� F��.��r��v Unit Quantity Unit Price Subtotal Il ::�i � .�1 41��,��1�1.�1�1 41��,��1�1.�1�1 �1 41� �1. �1 �1 41� �1. �1 �1 �1 41� �1. �1 �1 41� �1. �1 �1 41��1.�1�1 Subtotal $2,500.00 0% $0.00 Total Subcontractor Cost $2,500.00 375.00 $25.00 1.00% 900.00 Contracto r CSJ Project Labor WD��y�a�, Il��lliia; �;ca¢nn�a��r IVI I I al a I I I:i::IV I 12,� IV C I:: I'2C),� I a I C>I'2 ,aC> I I I a W,� ,a I I:i:: �;�Ir lf lf �r ll II'b ll ::ll� lf �r ll� Item Description unit Quantity �,�� ta�� r F:F �v�;F � ��.�� Description Hours Hourly Rate Subtotal ,;;��.�.uvii�,�au ��1 41�;a��.�1�1 $350.00 Il::a��u�a ��a�.u��au ,;;kuIIII�.�P ��1 `I��;a �� $232.50 I:: ��u ��.�,.u.��au ��1 41��c�.Gi�1 $186.00 Il...��au` . ,;;kiiIIII�.�P �4�1 `I�%�.f4�1 $217.00 Il...��au .. �.J��P,kuIIII�.�P ��1 `I��.�� $155.00 If: II�¢'��y�, u �, �1 `I� � ^� . f;a $0.00 $0.00 Subtotal $1,140.50 0% $0.00 0% $0.00 50 Total Labor Cost $1,140.50 Materials Description Unit Quantity Unit Price Subtotal ,;;IIII, II II II::II"��,�II:;: II If �fl4�14�1.4�1 41� 4��.c�� $327.96 ,:;.II. �ilKll :,;; II ::�i � �1�1 41� � . � �� $215.00 Illllf:,:,;; II�II... � `I� ;ac�.4�14�1 $38.00 $0.00 Subtotal $580.96 0% $0.00 Total Material Cost $580.96 Equipment Description Hours Hourly Rate Subtotal If�iia;k��a (�} ��1 `I��G�.^�� $264.30 ,;;�u�r �1 41��1.�1�1 $0.00 ,;; kii�P ,;; ��. �, u � �1 41�^� �1. � ;a $401.30 If: ��v�,, u. �1 41��1. �1�1 $0.00 If��allll� u °�1�.�.11 �?VP��er�.11 �1 `I��.�� $0.00 If��allll�:u II��.��¢nn��ua; �1 `I��.�� $0.00 II.~9��11 .Il..0 ��a;k �1 `I��.�� $0.00 If��allll� u;�P��.� T, If: �aca� �1 41��.�� $0.00 Subtotal $665.60 0% $0.00 Total Equipment Cost $665.60 Subcontractor Name Descri � 15% Markup $358.06 Bond Cost 1 % $23.87 1.00% Total Cost of Item $2,768.99 Unit Cost of Item $6.92 L� � � • • - � � � Subtotal $0.00 0% $0.00 Total Subcontractor Cost $0.00 Contra cto r CSJ Project Labor WD��y�a��..11:��lliia; �;ca�nn�a��r IVI I I al a I I I:i::IV I 12,� IV C I�: I'2C>,� I a I C)V2 ,aC> I...I I a W,� ,a I I:i:: � �II If lf �rll II'bll :ll� lf �rll� Item Description unit Quantity hf)f) � f VV1F'CJf�s�,ftY ,3f' t";l Iftl � Y f f IVt";f �: II::� � ��.�� Description Hours Hourly Rate Subtotal ,;; �� . �, u vii �,�a u �1 41�;a��. �1�1 $0.00 Il::a��u�a. ��a� u��au ,;;kuIIII�.�P �1 `I��;a �� $0.00 II:: ��u . ��.�.u��au �1 41��c�.Gi�1 $0.00 Il...��cau`..,;;kuIIII�.�P �4�1 `I�%�.f4�1 $217.00 II...��cau .. �.J��P,kuIIII�.�P ��1 `I��.�� $155.00 If: II��y�y�, u �, �1 `I� � ^� . f;a $0.00 $0.00 Subtotal $372.00 0% $0.00 0% $0.00 20 Total Labor Cost $372.00 Materials Description Unit Quantity Unit Price Subtotal �1.�1 4I� .. $0.00 `I� $0.00 $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If:�iia;kt��a (�} 4�1 41�%Gi.�fl;a $0.00 ,;;�u�r �1 41��1.�1�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��fl�1.�;a $0.00 If:��v�,.u. �1 41��1.�1�1 $0.00 If��allll� u ;�1�.�:11 �?VP��er�.11 �1 `I��.�� $0.00 If��allll�:u If��e:��¢nn��ua; �1 `I��.�� $0.00 II.~9��11 .Il..0 ��a;k �1 `I��.�� $0.00 If��allll� u ;�P��.� �, If: �aca� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name �/IIII<IIII�Cs II II::II��II:: 15% Markup Bond Cost 1 % Total Cost of Item Unit Cost of Item Description II II II`�Ill��rll��ill�lf 14 11 II��II:: Unit Quantity Unit Price Subtotal II If:,: �4�1c�.4�1 `I;Gi.�fl�fl `I,G;��,�� 1 41� �1. �1 �1 41� �1. �1 �1 �1 41� �1. �1 �1 41� �1. �1 �1 41��1.�1�1 Subtotal $695.52 0% $0.00 Total Subcontractor Cost $695.52 160.13 $10.68 1.00% 238.32 Contra cto r CSJ Project Labor WD��y�a��..11��lliia; �;ca¢nn�a��r IVI I I al a I I I:i::IV I 12,� IV C I�: I'2C>,� I a I C)V2 ,aC> I...I I a W,� ,a I I:i:: � �II If lf �rll II'bll :ll� lf �rll� Item Description unit Quantity f.:a i1/1r�tI�VFI�.�I f:'. f�.�f'� 4FI f:."�tI�V�.��.��... f.klfkf..t,.:� II::� �.�� Description Hours Hourly Rate Subtotal ,;; �� . �, u vii �,�a u � 41�;a��. �1�1 $70.00 Il::a��u�a. ��a� u��au ,;;kuIIII�.�P �1 `I��;a �� $0.00 II:: ��u . ��.�.u��au �1 41��c�.Gi�1 $0.00 Il...��cau` .. ,;;kuIIII�.�P (�} �fl `I�%�.f4�1 $86.80 Il...��cau .. �.J��P,kuIIII�.�P � `I��.�� $31.00 If: II��y�y�, u �, �1 `I� � ^� . f;a $0.00 $0.00 Subtotal $187.80 0% $0.00 0% $0.00 8 Total Labor Cost $187.80 Materials Description Unit Quantity Unit Price Subtotal II`��¢��P��call�. II...ii�P Il::�i �.�1 41� �c��fl G;�� $369.30 II`��¢��P��call�r If�ii��y 11::4� �.�1 41� �c�;a �� $367.04 `I� $0.00 $0.00 Subtotal $736.34 0% $0.00 Total Material Cost $736.34 Equipment Description Hours Hourly Rate Subtotal If �iia;k��a ( � } � `I�� G�.^� �� $52.86 ,;;�u�r �1 41��1.�1�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��fl�1.�;a $0.00 If:��v�,.u. �1 41��1.�1�1 $0.00 If��allll� u ;�1�.�:11 �?VP��er�.11 �1 `I��.�� $0.00 If��allll�:u If��e:��¢nn��ua; �1 `I��.�� $0.00 II.~9��11 .Il..0 ��a;k �1 `I��.�� $0.00 If��allll� u ;�P��.� �, If: �aca� �1 41��.�� $0.00 Subtotal $52.86 0% $0.00 Total Equipment Cost $52.86 Subcontractor Name 15% Markup Bond Cost 1 % Total Cost of Item Unit Cost of Item Description $146.55 $9.77 1,133.32 Unit Quantity Unit Price �1.�1 41��1.�1�1 �1 41��1.�1�1 �1 41��1.�1�1 Subtotal 0% Total Subcontractor Cost 1.00% Subtotal Contracto r CSJ Project Labor WD��y�a�: If:��lliia; �;ca¢nn�a��r IVI I I al a I I I::IV i��12Fl IVC I�. I'2 C>A� I a I C)12 ,a C>I....I G W,�,a I I:i:: � �II Il lf �rlf II'bll .Il� lf �rll� Item Description unit Quantity c�. � F i F>� F�ntaF: i�n�� F:F�i�i �rivi v II ::� � , � ��.�� Description Hours Hourly Rate Subtotal ,;; �� . �, u vii�,�a u �1 41�;a��. �1�1 $0.00 Il::a��u�a ��a�.u��au ,;;kitllll�.�P �1 `I��;a �� $0.00 II:: ��u �� .u��au � �1 41��c�.Gi�1 $0.00 Il...��au` ,;;kiiIIII�.�P (�} 4�1 `I�%�.f4�1 $0.00 Il...��au .. �.J��P,kuIIII�.�P (�} �1 `I��.�� $0.00 II::II�¢��y� u�, (�} �1 `I��^� f;a $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal �i� II II�:xII:��,�:II"b�.Iliiv�:u�.�P If��ll"� �,��1�1.�1 `I� ��.��1 $16,610.00 `I� $0.00 $0.00 Subtotal $16,610.00 0% $0.00 Total Material Cost $16,610.00 Equipment Description Hours Hourly Rate Subtotal If:�iia;kt��a (�} 4�1 41�%Gi.�fl;a $0.00 ,;;�u�r �1 41��1.�1�1 $0.00 ,;; kii�P ,;; ��. �, u �1 41��fl �1. � ;a $0.00 If:��v�,.u. �1 41��1.�1�1 $0.00 If��allll� u °�l�r�.11 �?VP��er�.11 �1 `I��.�� $0.00 If��allll�:u II��.��¢nn��ua; �1 `I��.�� $0.00 II.~9��11 .Il..0 ��a;k �1 `I��.�� $0.00 If��allll� u;�P��.� T, Il: �a�a� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name 15% Markup Bond Cost 1 % Total Cost of Item Unit Cost of Item Descri $2,491.50 $166.10 19,267.60 Unit Quantity Unit Price Subtotal �1. �1 41� �1. �1 �1 41� �1. �1 �1 �1 41� �1. �1 �1 41� �1. �1 �1 �1 41� �1. �1 �1 41� �1. �1 �1 41��1.�1�1 Subtotal $0.00 0% $0.00 Total Subcontractor Cost $0.00 1.00% Contra cto r CSJ Project Labor WD��y�a��..11��lliia; �;ca¢nn�a��r IVI I I al a I I I:i::IV I 12,� IV C I�: I'2C>,� I a I C)V2 ,aC> I...I I a W,� ,a I I:i:: � �II If lf �rll II'bll :ll� lf �rll� Item Description unit Quantity ��. � t:;lf'.��4" fiI.CJE:;4C II::� � . �� Description Hours Hourly Rate Subtotal ,;;��.�.uvii�,�au �� `I�;a��.�1�1 $175.00 Il::a��u�a. ��a� u��au ,;;kuIIII�.�P �� `I��;a �� $116.25 II:: ��u . ��.�.u��au �� 41��c�.Gi�1 $93.00 Il...��cau`..,;;kuIIII�.�P(�} �4�1 `I�%�.f4�1 $217.00 Il...��cau .. �.J��P,kuIIII�.�P (�} ��1 `I��.�� $155.00 If: II��y�y�, u �, �1 `I� � ^� . f;a $0.00 $0.00 Subtotal $756.25 0% $0.00 0% $0.00 35 Total Labor Cost $756.25 Materials Description Unit Quantity Unit Price Subtotal �;ca��a;u�.��. �;lf �.�1 41� ��1.�1�1 $150.00 �;u��,P��e.�P,;;l�a��. If.��ll"� �.�1 41� ��.�1�1 $38.00 If: �au�nnP, h II`�ii�,a;. II`��,uii�ll�, �;lf �.�1 `I� ��1.�1�1 $50.00 $0.00 Subtotal $238.00 0% $0.00 Total Material Cost $238.00 Equipment Description Hours Hourly Rate Subtotal If:�iia;kt��a (�} ��.4�14�1 41�%Gi.�fl;a $132.15 II...�a��P�,.u. � .4�14�1 `I�� .4�� $51.01 ,;;kii�P ,;;��.�.0 �1.�1�1 41�^��1.�;a $0.00 Il:;:xa;�v��au` �.4�14�1 41��%c�.��;a $128.93 If��allll� u ;�1�.�:11 �?VP��er�.11 �1.�1�1 `I��.�� $0.00 If��allll�:u If:��e:��¢nn��ua; �1.�1�1 `I��.�� $0.00 II.~9�¢��cPP��.II�P �;ca¢nn�a�a;��au �.�1�1 `I�( �� $7.52 If��allll� u ;�P��.� �, If::�aca� �1.�1�1 41��1.�1�1 $0.00 Subtotal $319.61 0% $0.00 Total Equipment Cost $319.61 Subcontractor Name 15% Markup Bond Cost 1 % Total Cost of Item Unit Cost of Item Description $197.08 $13.14 1,524.08 Unit Quantity Unit Price �1.�1 41��1.�1�1 �1 41��1.�1�1 �1 41��1.�1�1 Subtotal 0% Total Subcontractor Cost 1.00% Subtotal Contracto r CSJ Project Labor WD��y�a��..11:��lliia; �;ca�nn�a��r IVI I I)G I I I IV f�l'2A� IVC I 12 C),� I a I""C> I2 ,a C)I..I f.) WA„a I I:i:: �:�Irll lf �rll If.:bll II� If �rll� Item Description unit Quantity ftf 1.1;3f I IIVf ftf f'F�,Ift ��.�� Description Hours Hourly Rate Subtotal ,;;��.�.uvii�,�au �� `I�;a��.�1�1 $175.00 II a��ii�a. ��a�.u��au ;�kiiIIII�.�P �� 41;�;a.�� $116.25 II ��ii.. �� .u��au �� 41;�c�.Gi�1 $93.00 Il..,��au` ;�kuIIII�.�P �� 41;��.f4�1 $108.50 Il..��au �.J��P,kiiIIII�.�P �� 41;��.��1 $77.50 If: II�¢'��y�, u �, �1 `I� � ^� . f;a $0.00 $0.00 Subtotal $570.25 0% $0.00 0% $0.00 25 Total Labor Cost $570.25 Materials Description Unit Quantity Unit Price Subtotal c�X�� II`� D�;��;a ;�II.,"J II.../!i II:;:li �.4�1 41� (�� GiGi $79.66 �;��4�14�1 II"bll��c� If�"J�� C�WD If��Jll�ll� Il�lllf�ll:;: Il...lf �4�1.4�1 `I� (,�� $151.00 `I� $0.00 $0.00 Subtotal $230.66 0% $0.00 Total Material Cost $230.66 Equipment Description Hours Hourly Rate Subtotal If:�iia;kt��a (�} 4�1 41�%Gi.�fl;a $0.00 ,;;�u�r �1 41��1.�1�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��1.�1�1 $0.00 Il xa;�v��au` �� 41;��c�.��;a $644.65 Il��allll�,.u. ",l�r�.11 �?VP��er�.11 �1 `I��.�� $0.00 Il��allll�.0 II�¢��e,��nn��ua; �1 `I��.�� $0.00 II.~9��11 .Il..0 ��a;k �1 `I��.�� $0.00 Il��allll�,.u. ",P�� .. "�, Il::�a�a� �1 41��.�� $0.00 Subtotal $644.65 0% $0.00 Total Equipment Cost $644.65 Subcontractor Name � 15% Markup $0.00 Bond Cost 1% $14.46 1.00% Total Cost of Item $1,460.02 Unit Cost of Item $73.00 Subtotal Subtotal $0.00 0% $0.00 Total Subcontractor Cost $0.00 Contracto r CSJ Project Labor WD��y�a��..11:��lliia; �;ca�nn�a��r IVI I I a I al I:i:: I IV I 12Fl IVC I:i:: 12 C),� I a I�C> I'2 ,a C)I I I a W,�,a i��l'.I!: �;�Il lf lf ��II II'bll,ii:ll"� If ��ll"� Item Description Unit Quantity ��ta��t.A.� �nr�� F:F� �r�i �rF:;:a II ::� �i.�1 Description Hours Hourly Rate Subtotal ,;;��.�.uvii�,�au ��1 41�;a��.�1�1 $700.00 II a��ii�a ��a�.u��au ,;;kiiIIII�.�P ��1 41,�;a �� $465.00 II ��ii �� .u��au ��1 41;�c�.Gi�1 $372.00 Il...��au ;�kiiIIII�.�P �4�1 `I�%�.�4�� $434.00 Il...��au .. �.J��P,kuIIII�.�P ��1 41;��.��1 $310.00 If: II�¢'��y�, u �, �1 `I� � ^� . f;a $0.00 $0.00 Subtotal $2,281.00 0% $0.00 0% $0.00 100 Total Labor Cost $2,281.00 Materials Description Unit Quantity Unit Price Subtotal �i�P ��P,l��ll�. "J�IIv�: Il��ax Il::�i Gi.�1�1 `I� � ��.�1f $1,290.42 �fl" "J�IIv� ;�l�.�rrn u�r/ If��aa;k C��u�P Il::�i Gi.�1�1 41� c��.�fl � $494.46 G; ,:; If:;:b ll �� G; Il � ii �a�. II If �fl 4�1. 4�14�1 `I� �, f c� $111.2 0 $0.00 Subtotal $1,896.08 0% $0.00 Total Material Cost $1,896.08 Equipment Description Hours Hourly Rate Subtotal If�iia;k��a (�} ��1 `I��G�.^�� $528.60 II��a;kP��ca�, �4�1 41;;a�fl,��f $699.40 ,;; kii�P ,;; ��. �, u �1 41��fl �1. � ;a $0.00 II.~9��cPP��.II�P �;ca¢nn�a�a;��au �1 41;( �� $0.00 Il��allll�.0 °�l�r�.11 �?VP��er�.11 �1 `I��.�� $0.00 Il��allll�:u II�¢��.��nn��ua; �1 `I��.�� $0.00 II.~9��II .II..0 ��a;k �1 `I��.�� $0.00 Il��allll�.0 °�P��:�.. ; Il:�a�a� �1 41��.�� $0.00 Subtotal $1,228.00 0% $0.00 Total Equipment Cost $1,228.00 Subcontractor Name � 15% Markup $810.76 Bond Cost 1 % $54.05 1.00% Total Cost of Item $6,269.89 Unit Cost of Item $1.044.98 Subtotal 0% Total Subcontractor Cost Subtotal Contra cto r CSJ Project Labor WD��y�a��..11��lliia; �;ca¢nn�a��r IVI I I al a I I I:i::IV I 12,� IV C I�: I'2C>,� I a I C)V2 ,aC> I...I I a W,� ,a I I:i:: � �II If lf �rll II'bll :ll� lf �rll� Item Description unit Quantity :a�� 1�i" ftt",`f' f CJft talllVt';� ICJIV f3CJ?w ��.�� Description Hours Hourly Rate Subtotal ,;; �� . �, u vii �,�a u � . �� 41�;a��. �1�1 $52.50 Il::a��u�a. ��a� u��au ,;;kuIIII�.�P �.�� `I��;a �� $34.88 II:: ��u . ��.�.u��au �.�� 41��c�.Gi�1 $27.90 Il...��cau` ,;;kuIIII�.�P (�} ;a `I�%�.f4�1 $65.10 Il...��cau .. �.J��P,kuIIII�.�P (�} ;a `I��.�� $46.50 If: II��y�y�, u �, �1 `I� � ^� . f;a $0.00 $0.00 Subtotal $226.88 0% $0.00 0% $0.00 10.5 Total Labor Cost $226.88 Materials Description Unit Quantity Unit Price Subtotal If: �au'l�.u'u'� ��°" Il��;lf:� II If: ��.4�1 `I� ;a�.4�14�1 $384.00 II::�rrn��:�P¢nn�.�� ;lf �.�1 41� ��.�1�1 $19.00 `I� $0.00 $0.00 Subtotal $403.00 0% $0.00 Total Material Cost $403.00 Equipment Description Hours Hourly Rate Subtotal If�iia;kt��a (�} �.�� 41�%Gi.�fl;a $39.65 II:��a;kP��ca�. � .�� 41�;a�fl ,�� f $52.46 ,;;kii�P ,;;��.�.0 �1 41��fl�1.�;a $0.00 II.~9�¢��cPP��.II�P �;ca¢nn�a�a;��au �.�� `I�( �� $11.28 If��allll� u ;�1�.�:11 �?VP��er�.11 �1 `I��.�� $0.00 If��allll�:u If��e:��¢nn��ua; �1 `I��.�� $0.00 II.~9��11 .Il..0 ��a;k �1 `I��.�� $0.00 If��allll� u ;�P��.� �, If: �aca� �1 41��.�� $0.00 Subtotal $103.38 0% $0.00 Total Equipment Cost $103.38 Subcontractor Name 15% Markup Bond Cost 1 % Total Cost of Item Unit Cost of Item Description Unit Quantity Unit Price �1.�1 41��1.�1�1 �1 41��1.�1�1 �1 41��1.�1�1 Subtotal 0% Total Subcontractor Cost $109.99 $7.33 1.00% $850.58 Subtotal Contra cto r CSJ Project Labor WD��y�a��..11��lliia; �;ca¢nn�a��r IVI I I al a I I I:i::IV I 12,� IV C I�: I'2C>,� I a I C)V2 ,aC> I...I I a W,� ,a I I:i:: � �II If lf �rll II'bll :ll� lf �rll� Item Description unit Quantity �°>w�° ta��iv�;� i��iv F3c�>w II::� � . �� Description Hours Hourly Rate Subtotal ,;;��.�.uvii�,�au �� 41�;a��.�1�1 $525.00 Il::a��u�a. ��a� u��au ,;;kuIIII�.�P �� `I��;a �� $348.75 II:: ��u . ��.�.u��au �� 41��c�.Gi�1 $279.00 Il...��cau` .. ,;;kuIIII�.�P (�} ;a4�1 `I�%�.f4�1 $651.00 Il...��cau .. �.J��P,kuIIII�.�P (�} ;a�1 `I��.�� $465.00 If: II��y�y�, u �, �1 `I� � ^� . f;a $0.00 $0.00 Subtotal $2,268.75 0% $0.00 0% $0.00 105 Total Labor Cost $2,268.75 Materials Description Unit Quantity Unit Price Subtotal �;ca¢��a;u�:l�. �;lf �.�1 41� ��1.�1�1 $300.00 If��.��u` II II� �c�4�1 `I� 4�1,�fl� $75.60 II::�rrn��:�P¢nn�.�� If.��ll� � `I� ��.�1�1 $19.00 If: �au�nnP, h II`�ii�,a;. II`��,uii�ll�, �;lf �.�1�1 `I� ��1.�1�1 $100.00 Subtotal $494.60 0% $0.00 Total Material Cost $494.60 Equipment Description Hours Hourly Rate Subtotal If �iia;k��a ( � } � �� `I��G�.^� �� $396.45 II:��a;kP��ca�, � �� 41�;a�fl ,�� f $524.55 ,;;kii�P ,;;��.�.0 �1 41��fl�1.�;a $0.00 II.~9�¢��cPP��.II�P �;ca¢nn�a�a;��au ��1 `I�( �� $75.20 If��allll� u ;�1�.�:11 �?VP��er�.11 �1 `I��.�� $0.00 If��allll�:u If��e:��¢nn��ua; �1 `I��.�� $0.00 II.~9��11 .Il..0 ��a;k �1 `I��.�� $0.00 If��allll� u ;�P��.� �, If: �aca� �1 41��.�� $0.00 Subtotal $996.20 0% $0.00 Total Equipment Cost $996.20 Subcontractor Name 15% Markup Bond Cost 1 % Total Cost of Item Unit Cost of Item Description Unit Quantity Unit Price �1.�1�1 41��1.�1�1 �1.�1�1 41��1.�1�1 �1.�1�1 41��1.�1�1 Subtotal 0% Total Subcontractor Cost $563.93 $37.60 1.00% $4,361.08 Subtotal Contracto r CSJ Project Labor WD��y�a�: If:��llua; �;ca�nn�a��r IVI I f.) I a I I I IV f�l'2AJV C I 12C),� I) I""C)12 ,aC) I...I f.) W,� ,a I I:i:: �:�II II lf �rII If.:bIl II� If �rll� Item Description unit Quantity �fl � FtF F�i r�twFF r�i �.�i�/iirV��wv� �nriFtF �nri � F i'�'t�l 4�F��wF�F'.Ft �nriFtF. � ,� � �i.�1 Description Hours Hourly Rate Subtotal ,;; �� . �, u vii�,�a u �1 41�;a��. �1�1 $0.00 Il a��ii�a ��a�.u��au ;�kiiIIII�.�P �1 41,�;a.�� $0.00 I ��ii. �� .u��au �1 41;�c�.Gi�1 $0.00 Il...��au` ;�kiiIIII�.�P (�} 4�1 41;��.f4�1 $0.00 Il...��au . �.J��P,kiiIIII�.�P (�} �1 41;��.��1 $0.00 If: II�¢'��y�, u �, �1 `I� � ^� . f;a $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 `I� $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If:�iia;kt��a (�} 4�1 41�%Gi.�fl;a $0.00 If,��a;kP`��ca�. 4�1 41�;a�fl .�� f $0.00 ,;; kii�P ,;; ��. �, u �1 41��fl �1. � ;a $0.00 119��cPP��:II�P �;ca�rrn�a�a;��au �1 41;( �� $0.00 Il��allll�.0 °�l�r�.11 �?VP��er�.11 �1 `I��.�� $0.00 Il��allll�.0 II�¢��e,��nn��ua; �1 `I��.�� $0.00 II.~9��11 .Il..0 ��a;k �1 `I��.�� $0.00 Il��allll�.0 °�P��:�.."�, Il::�a�a� �1 41��1.�1�1 $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name II�II:, /'sll"� II II II:,�; II II�II�.;/'sll... 15% Markup Bond Cost 1 % Total Cost of Item Unit Cost of Item Description Unit Quantity Unit Price Subtotal .�t.l.. �.�I�Ir'V�...��i�/1 �%`l��f'�f'. �%`l�� F I�F�il 4„F�.�fkfkf.f'� �%`l��f'�f�:'. II II':��: �,��flG!s.aDaD 4'�'�,�'a�'a 4�;a,'I��'�.;aaD �1. �1 �1 41� �1. �1 �1 41� �1. �1 �1 �1. �1 �1 41� �1. �1 �1 41� �1. �1 �1 41��1.�1�1 Subtotal $3,791.30 0% $0.00 Total Subcontractor Cost $3,791.30 $568.70 $37.91 1.00% $4,397.91 Contractor w!�¢�cr�. �"c,ull,alir �;rruirnl,:]�rny CSJ i✓u�i:�i.i iivii�Fivui�,��!i��>Fi�i��>i��,�,�nu��niF;,ii�,��! Project �,,II � Y �"b4 C7G:;:Yel � �"bYel Item �? Description iai �;cnvivi ��r;�r ivcn�ri o i.i��:�i or iHcn i�� cnv i c,.rri ��iwi�i �;cnvivi ��r;r rc, ri u�� r�rc,ur�i; Unit GEiii:fi; Quantity `Y.C; Labor Description Hours Hourly Rate Subtotal 4;�, c,ulf:��: r�r iw��r„r r C') h��`,f�''r. C')C') $0.00 G la�c,uilf:� �bl��s^r��R�,rrr 4:,11<iII�:�N C') h��?", ?�f�''r $0.00 Gla�c,uilf:� �bl��s^r��R�,r„rr C') h��°1F�.��»C') $0.00 I sklh:Df;DY 4:"allCl��4'".f� (!�,? ��) �'i!"1.��'��) $�.�� I �f,acrr l.lrnwall<iII�:�N (?} C) h;'1�r,�rC) $0.00 p:: l�¢, ¢, �: r'w'a C) `I; `1 �.'l;'; $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I; .., $0.00 `I; .., $0.00 `I; .., $0.00 `I; .., $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal �"irll<t,ul;:] ('1 } C) `I;?�i.�'; $0.00 Gt�rll<Nncr�: C) `I;';�,��1 $0.00 4;�,11<i�N 4;�,'R',�:�:r' C') h'��C')."1�`, $0.00 h_f�r�na,�Yn�s^I�N �:;r„ru•iml��c��R�,r„rr C') h��l f''r?� $0.00 G�r„rll�:r 4•,P�r�:l "�U'Yn�r�:l C') h��C').C')C') $0.00 G'�r„rll�:r �'rr�n�:c,uu•im��R�,ic� C') h��C').C')C') $0.00 h~f�t,ul � rt,urll< C) `I;C).C)C) $0.00 G�Cr„rll¢�:r [,Yn¢�a��p:a`w�� 4 r„rr„r'R�, C') h��C').C')C') $0.00 Subtotal $0.00 0% $0.00 Total E ui ment Cost $0.00 Subcontractor Name G:tG, �eY�l G I G:;:�; � G�II�;FtI, 15% Description I:'7114;�,?;�bY�IY�IG!I?:;� Y�I�bG"��.�.hf I 114"�h-I.�. �"�bl G;,I �':bY�l 4�b4•,�.fI,IG'�i /GiG;,!I?;?bY�IY�IG!I?:;� �?b �.h_fG 4•i?'b1.1.�.h_I Unit Quantity Unit Price Subtotal G::fia 1.C)C) °1;?�rC).C)C) °1;?�rC).C)C) hiC).C)C) hiC).C)C) hiC).C)C) Subtotal $250.00 0% $0.00 Total Subcontractor Cost $250.00 1.00% Contra cto r CSJ Project Labor WD��y�a�: If:��llua; �;ca�nn�a��r IVI I I)G I I I IV f�l'2AJV C I 12C),� I a I""C>I2 ,aC) I..I f.) WA„a I I:i:: �:�Irll lf �rII If.:bIl II� If�rII� Item Description unit Quantity � :a .� `",t:;l l�4f1 f'\/t'; f3CJftf f CJft I ICal li f'CJI f CJIV E CJ`",� f f �:9;3.�1 Description Hours Hourly Rate Subtotal ,;;��. �.uvii�,�au �1 41�;a��.�1�1 $0.00 II a��ii�a ��a�.u��au ;;kiiIIII�.�P �1 41;�;a.�� $0.00 II ��ii. �� .u��au �1 41;�c�.Gi�1 $0.00 Il..,��cau` ;;kuIIII�.�P (�} 4�1 41;��.f4�1 $0.00 Il..��cau �.J��P,kiiIIII�.�P (�} �1 41;��.��1 $0.00 If: II��y�y�, u �, �1 `I� � ^� . f;a $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 `I� $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If:�iia;kt��a (�} 4�1 41�%Gi.�fl;a $0.00 If,��a;kP`��ca�. 4�1 41�;a�fl .�� f $0.00 ,;;kii�P ,;;��.�.0 �1 41��fl�1.�;a $0.00 119��cPP��:II�P �;ca�rrn�a�a;��au �1 41;(.�� $0.00 Il��allll�,.u. ",l�r�.11 �?VP��r�.11 �1 `I��.�� $0.00 Il��allll�.0 II�¢��e,��nn��ua; �1 `I��.�� $0.00 II.~9��11 .Il..0 ��a;k �1 `I��.�� $0.00 Il��allll�,.u. ",P��e �, . ",, Il::�aca� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name Il�ll,ii:�ll� II II Ilii��ll II�II�:��II. 15% Markup Bond Cost 1 % Total Cost of Item Unit Cost of Item Description .�" ;';t";I I�4f1 F>\/t"; fiCJftf f CJft I.IC';I I � f'CJI f CJIV E CJ`"; � f ft $251.10 $16.74 1,941.84 Unit Quantity Unit Price Subtotal II If:: ��;a.4�14�1 `I� � c�.4�14�1 `I; � ,Gi f�fl .4�14�1 ��'.��'��' 41i��'.��'��' 41i��'.��'��' ��'.��'��' 4Is��'.��'��' 4Is��'.��'��' 4Is ��'. ��' ��' Subtotal $1,674.00 0% $0.00 Total Subcontractor Cost $1,674.00 1.00% Contracto r CSJ Project Labor WD��y�a�:.11:��lliia; �;ca¢nn�a��r IVlllalal I Ii::IVI 12Fl IVCI �. I'2C>A la I C)I4,aC>I....Ila W,�,a I I:i:: ��II Iflf �rll II'bll .Il� lf�rll� Item Description unit Quantity �fl �fl �ni��aF � F�� 1ir��a Es> F�� r;F i F:�v ��}? Il:i:� ,3�1.�1 Description Hours Hourly Rate Subtotal ,;; �� . �, u vii�,�a u �1 41�;a��. �1�1 $0.00 Il::a��u�a ��a�.u��au ,;;kuIIII�.�P �1 `I��;a �� $0.00 I:: ��u ��.�,.u.��au �1 41��c�.Gi�1 $0.00 Il...��au` ,;;kiiIIII�.�P (�} 4�1 `I�%�.f4�1 $0.00 Il...��au .. �.J��P,kuIIII�.�P (�} �1 `I��.�� $0.00 If: II�¢'��y�, u �, �1 `I� � ^� . f;a $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 `I� $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If:�iia;kt��a (�} 4�1 41�%Gi.�fl;a $0.00 If,��a;kP`��ca�. 4�1 41�;a�fl .�� f $0.00 ,;; kii �P ,;; ��. �, u �1 41��fl �1. � ;a $ 0.00 II.~9�¢��cPP��.II�P �;ca¢nn�a�a;��au �1 41;( �� $0.00 If��allll� u °�1�.�.11 �?VP��er�.11 �1 `I��.�� $0.00 If��allll�:u II��.��¢nn��ua; �1 `I��.�� $0.00 II.~9��11 .Il..0 ��a;k �1 `I��.�� $0.00 If��allll� u;�P��.� T, If: �aca� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name II�II �II� Il,ii II II �,� 11 14�11��11... Description II`�IIII:bC�ll II II �.J,';�IIII"�C� (� II: �i��ll9 Il�lf �� 15% Markup $225.00 Bond Cost 1 % $15.00 1.00% Total Cost of Item $1,740.00 Unit Cost of Item $58.00 Subtotal 0% Total Subcontractor Cost ��"�� ` :��"-�"��"�`,��" ° �� &�N�xW IWIq�x�lasAbk�ntaNX & I N'M�n1L0n'�fJ (�wxtl.� dW.I��Gi�IwNi 4. u'e x?�dY�,d.�IW➢wt�C� �n�b� �"�'�L ...i '�rPP.k.'k 0 d F ��""NiM ,e� .: � xu�ii��G f'� w�'��rulw �.�� ir^�m ��a� t�ru ��a rw,.u��o'��7�� a��a;� ��,�w. �y ��,d�uj, Era,�-��^�� u�nure d�w ��,µ�� r� , 4�,z�r�. Change Order 3 Contractor: WD��y�a�, lf��lliia; ��ca�nn�a�� Project: MIDDLE ENTRANCE ROAD FOR SOLID WASTE Owner: CITY OF DENTON CHANGE ORDER REQUEST FOR ADDITIONAL WORK 3/23/2018 Work Days Needed : 14 Bid Number : 6218 P.O. Number : ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL REMOVE EXISTING ITEM 1 O WSTALL 8' CHAW-LWK SLIDE GATE WITH ALL APURTENCES TO BE COMPLETE -70 LF $385.00 -$26,950.00 Subtotal Remove Existing Item -$26,950.00 NEW ITEMS 46 INSTALL TWO 6' CANTILEVER CHAIN LINK GATES AT 38' EA 1 LS $29,654.24 $29,654.24 46.1 OPTICOM STROBE DETECTOR 2 EA $2,939.44 $5,878.88 46.2 DOORKING 9210 AUTOMATIC 2 EA $4,107.56 $8,215.12 47 1-1/4" SCH 40 PVC TRENCH 340 LF $11.60 $3,944.00 47.1 1-1/4" SCH 40 PVC (TRENCH) COMMUNICATION/CONTROL 340 LF $11.60 $3,944.00 48 1-1/4" SCH 40 PVC BORE 80 LF $18.56 $1,484.80 49 1-1/4" SCH 40 PVC (BORE) COMMUNICATION/CONTROL 80 LF $18.56 $1,484.80 50 GROUND BOX (13"X24"X12") 2 EA $580.00 $1,160.00 51 SQUARE D CIRCUIT BREAKER 2 EA $174.00 $348.00 52 #8 XHHW 240 VOLT CIRCUIT 1020 LF $1.80 $1,833.96 53 #10 XHHW 120 VOLT CIRCUIT ACCESS CONTROL 680 LF $1.16 $788.80 54 HID PROXIPRO CARD READER 1 EA $345.68 $345.68 55 CYPRESS SPX1300 WEIGAND DATA EXTENDERS 2 EA $980.20 $1,960.40 56 POWER SUPPLIES 2 EA $167.04 $334.08 57 LOT PLENUM CABLE AND SUPPORT MATERIAL 1 LS $388.60 $388.60 58 INSTALL HID CARD READER 1 LS $2,679.60 $2,679.60 59 MATERIAL & LABOR FOR INSTALLATION OF TRANSCORE LONG RANGE READER 'I LS $'I,327.04 $'I,327.04 6� TRANSCORE SMARTPASS 4 LONG RANGE & 1468 WEIGAND DATA CONVERTER � �S $5,308.16 $5,308.16 Total Change Order $71,080.16 Total Change in Contract $44,130.16 NOt2S: PRICWGABOVEWCLUDESTHEFOLLOWWG SETTWG NEW 6 5/8" X SCH40 GAUGE GALV. STEEL POSTS W CONCRETE (GATE POSTS) WSTALLATION OF (2) CANTILEVER (CHAWLWK) GATES AT 38LF AT 6' IN HEIGHT(LENGTH WCLUDES TAIL FOR CANTILEVER) INSTALLATION OF (1) HW SYSTEMS RP 40 CARD READER (END USER RESPONSIBLE FOR CONNECTING READER TO EXISTING DATABASE) WSTALLATION OF (1) TRANSCORE-4 LONG RANGE READER(REPURPOSED FROM EXISTWG GATE.OWNER RESPONSIBLE FOR CONNECTION) WSTALLATION OF (1) DUAL HEIGHT PEDASTAL MOUNT FOR READERS (FOR TRUCKAND CAR) INSTALLATION OF (4) SAFETY LOOPS AND (2) EXIT LOOP ALONG WITH (2) THROUGH BEAM PHOTO EYES (UL325 COMPLIANT) INSTALLATION OF STROBE DETECTOR, EMERGENCY CHAIN RELEASE, AND PROVIDE KNOX BOX FOR FIRE SAFETY (2) OPTICOM STROBE DETECTORS (2) DOORKING 9210AUTOMATIC SLIDE GATE OPERATORS RUN ELECTRICAL POWER & CONTROVCOMMUNICATONS TO NEW GATE OPERATORS AND/OR ACCESS EQUIPMENT PER THE CITY'S AND ENGWEER'S WSTRUCTION, ANY ADDITIONAL WORK/MATERIALS WILL RESULT W ADDITIONAL CHARGES WE ASK THAT 10 DAYS BE ADDED TO THE CONTRACT TIME TO PERFORM THIS ADDITIONAL WORK NOT INCLUDED IN THE ORIGINAL BID Submitted by: Matt Thunem - Project Manager/Estimator Te,Uro-1�-i,vl-a Me�-a.�Fe,Yi.a� , Acce ted by: CP � Y Engineer Ciry of Denton Todd Hileman, City Manager Co ntra cto r CSJ Project Labor WD��y�a�: Il��lliia; �;ca�nn�a��r IVI I I a I al III! I IV I 12Fl IVC I:i:: 12 C),� I a I'C> I'2 ,a C)I I I) WA„a i� I:i:: �;�Il lf lf ��II II'bll,ii:ll"� If ��ll"� Item Description Unit Quantity I IV,a I,�� I....I... (I)G C,� IV I I I I:i::V I 12 C I-V,�J IV I....I IV I � C7,� I I::„a ,� I?tf 13n� II..,I;� � . �� Description Hours Hourly Rate Subtotal ,;; �� . �, u vii �,�a u �1 41��1. �1�1 $0.00 Il::a��u�a. ��a� u��au ,;;kuIIII�.�P �1 `I��.�� $0.00 II:: ��u . ��.�.u��au �1 41��1.�1�1 $0.00 Il...��au` .. ,;;kiiIIII�.�P 4�1 `I�4��.4��4�� $0.00 Il...��au .. �.J��P,kiiIIII�.�P �1 `I��.�� $0.00 If:: ll� �y�y �,, u.�, �1 41��1. �1�1 $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal �1.�1 4I� .. $0.00 `I� $0.00 `I� $0.00 $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If�iia;k��a (�} �1 `I��.�� $0.00 ,;;�u�r �1 41��1.�1�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��1.�1�1 $0.00 If��allll� u ;�1�.�:11 �?VP��er�.11 �1 `I��.�� $0.00 If��allll�:u If��e:��¢nn��ua; �1 `I��.�� $0.00 II.~9��II .Il..u��a;k �1 `I��.�� $0.00 If��allll� u ;�P��.� �a �, If: �aca� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name Il.�a�, �iV��aP, II �:¢��a;�, h ,;;�� Description I IV,a i�,� I I. (7)G' CA� IV I I I I V I.I'2 C I-V,�J IV I....I IW� CIdA� I I,a ,� I?tf IICP� � 15% Markup $3,834.60 Bond Cost 1 % $255.64 1.00% Total Cost of Item $29,654.24 Unit Cost of Item $29.654.24 Subtotal 0% Total Subcontractor Cost Subtotal z �� Gi�fl .4�14�1 4ld�p.�p�p 4ld�p.�p�p $25,564.00 $0.00 $25,564.00 Contracto r CSJ Project Labor WD��y�a�: Il��lliia; �;ca�nn�a��r IVI I I)f.) I I I IV f�l'2AJV C I 12C),� I a I"'C> I'2 ,a C)I..I f.) WA„a I I:i:: �;�Irlflf�rll Il.:blf II�If�rll� Item Description unit Quantity �fl Gi. � ��Il � lf ll�:��ll� ;� If 14��ll�ll . If::bll II II �� If ��14� II ::� �.�� Description Hours Hourly Rate Subtotal ,;; �� . �, u vii�,�a u �1 41��1. �1�1 $0.00 II a��ii�a. ��a�.u��au ;;kuIIII�.�P �1 `I��.�� $0.00 I ��ii.. �� .u��au �1 `I��.�� $0.00 Il...��au` .. ,;;kiiIIII�.�P 4�1 `I�4��.4��4�� $0.00 Il...��au .. �.J��P,kiiIIII�.�P �1 `I��.�� $0.00 If::II�¢'��y�, u �, �1 41��1.�1�1 $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If�iia;k��a (�} �1 `I��.�� $0.00 ,;;�u�r �1 41��1.�1�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��1.�1�1 $0.00 Il��allll�.0 ,;�1�:�.11 �?VP��r�.11 �1 `I��.�� $0.00 Il��allll�:u If�¢��e:��nn��ua; �1 `I��.�� $0.00 II.~9��II .II..0 ��a;k �1 `I��.�� $0.00 Il��allll�,.u. ,;;P�� :�a"�, If::�aca� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name II..�aP, �ill��a,, II �.��a;�, h ,;;�� 15% Markup Bond Cost 1 % Total Cost of Item Unit Cost of Item Description ��II�IIII�;��II�;�IIII��II�II II"bll.Ifll ��II��If� 760.20 $50.68 878.88 Unit Quantity Unit Price Subtotal II::li � `I,�,��;a�fl 4�14�1 `I��,4�1Gic�.4�14�1 �1 4I� �1. �1 �1 4I� �1. �1 �1 �1 41� �1. �1 �1 41� �1. �1 �1 41��1.�1�1 Subtotal $5,068.00 0% $0.00 Total Subcontractor Cost $5,068.00 1.00% Contra cto r CSJ Project Labor WD��y�a�: Il��lliia; �;ca�nn�a��r IVI I I al:) I....I I IV I I4AJV C 41 12C),� I a I'C> I'2 ,a C)I I I:) WA„a �I I:i:: �;�Il lf lf ��II II'bll,ii:ll"� If ��ll"� Item Description Unit Quantity �fl Gi.� II"b��If�IKllll"�C� �� 1 4��J If ��ll`�4� If ll�� II ::� �.�� Description Hours Hourly Rate Subtotal ,;; �� . �, u vii �,�a u �1 41��1. �1�1 $0.00 II a��ii�a. ��a�.u��au ;�kuIIII�.�P �1 `I��.�� $0.00 II ��ii.. �� .u��au �1 `I��.�� $0.00 Il...��cau` .. ,;;kiiIIII�.�P 4�1 `I�4��.4��4�� $0.00 Il...��cau .. �.J��P,kiiIIII�.�P �1 `I��.�� $0.00 If:: II� �y�y�,, u.�, �1 41��1. �1�1 $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal �1.�1 4I� .. $0.00 `I� $0.00 `I� $0.00 $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If�iia;k��a (�} �1 `I��.�� $0.00 ,;; �u�r �1 41��1. �1�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��1.�1�1 $0.00 Il��allll�.0 ,;�1�:�.11 �?VP��er�.11 �1 `I��.�� $0.00 Il��allll�.0 II�¢��r��nn��ua; �1 `I��.�� $0.00 II.~9��II .II..0 ��a;k �1 `I��.�� $0.00 II��aIIII�,.u.,;;P��e �,�a",, Il::�a�a� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name II..�aP, �ill��a,, II �.��a;�, h ,;;�� 15% Markup Bond Cost 1 % Total Cost of Item Unit Cost of Item Description If::b��If�IKllll"�C� �� 1 4��J If ��ll`�4� If ll�� 1,062.30 $70.82 8,215.12 Unit Quantity Unit Price Subtotal II ::li � .4�1 `I,;a,��fl � .4�14�1 `I� f ,4�1c�� .4�14�1 �1 41� �1. �1 �1 41� �1. �1 �1 �1 41� �1. �1 �1 41� �1. �1 �1 41��1.�1�1 Subtotal $7,082.00 0% $0.00 Total Subcontractor Cost $7,082.00 1.00% Contra cto r CSJ Project Labor WD��y�a�: Il��lliia; �;ca�nn�a��r IVI I I al:) I....I I IV I I4AJV C 41 12C),� I a I'C> I'2 ,a C)I I I:) WA„a �I I:i:: �;�Il lf lf ��II II'bll,ii:ll"� If ��ll"� Item Description Unit Quantity �fl f � �/�fl.u�;��;11..9�fl�1II��/�;(IIII�II II"��;II..{} ;3��1.�1 Description Hours Hourly Rate Subtotal ,;; �� . �, u vii �,�a u �1 41��1. �1�1 $0.00 II a��ii�a. ��a�.u��au ;�kuIIII�.�P �1 `I��.�� $0.00 II ��ii.. �� .u��au �1 `I��.�� $0.00 Il...��cau` .. ,;;kiiIIII�.�P (�} 4�1 `I�4��.4��4�� $0.00 Il...��cau .. �.J��P,kiiIIII�.�P �1 `I��.�� $0.00 If:: II� �y�y�,, u.�, �1 41��1. �1�1 $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If�iia;k��a (�} �1 `I��.�� $0.00 ,;; �u�r �1 41��1. �1�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��1.�1�1 $0.00 Il��allll�.0 ,;�1�:�.11 �?VP��er�.11 �1 `I��.�� $0.00 Il��allll�.0 II�¢��r��nn��ua; �1 `I��.�� $0.00 II.~9��II .II..0 ��a;k �1 `I��.�� $0.00 II��aIIII�,.u.,;;P��e �,�a",, Il::�a�a� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name II��:�¢�� II .Il�.a;�uiia;�ll 15% Markup Bond Cost 1 % Total Cost of Item Unit Cost of Item Descriptia � �/�fl.u� ,;��;119 �fl�1 If:��/�; Unit Quantity Unit Price Subtotal �;II.~9} II If:: ;a�fl�1.�1 41��1.�1�1 41�;a,�fl�1�1.�1�1 �1 41� �1. �1 �1 41� �1. �1 �1 �1 41� �1. �1 �1 41� �1. �1 �1 41��1.�1�1 Subtotal $3,400.00 0% $0.00 Total Subcontractor Cost $3,400.00 510.00 $34.00 1.00% 944.00 Contra cto r CSJ Project Labor WD��y�a�, Il��lliia; �;ca¢nn�a��r IVlllalal I I::'::IV I 12,� IVCI:: f2C),� la I C>f2 ,aC>I Ila W,�,a I I::':: �;�Ir lf lf �r ll II'b ll ::ll� lf �r ll� Item Description unit Quantity �flf.� 1,1 /�7",a C I V�70 I��"V C( f 121 !:IV C I-V) CC�) IVI IVI U IV I C,�� i��l C)IV /CC) IV I��I°2 C�)I.... ;3� �1.�1 Description Hours Hourly Rate Subtotal ,;; �� . �, u vii �,�a u �1 41��1. �1�1 $0.00 Il::a��u�a. ��a� u��au ,;;kuIIII�.�P �1 `I��.�� $0.00 II:: ��u.. �� .u��au �1 41��1.�1�1 $0.00 Il...��cau` .. ,;;kiiIIII�.�P (�} 4�1 `I�4��.4��4�� $0.00 Il...��cau .. �.J��P,kiiIIII�.�P �1 `I��.�� $0.00 If::II��y�y�,, u.�, �1 41��1.�1�1 $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If�iia;k��a (�} �1 `I��.�� $0.00 ,;;�u�r �1 41��1.�1�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��1.�1�1 $0.00 If��allll� u ;��:�:II �lVP��.�.II �1 `I��.�� $0.00 If��allll�:u If��e:��¢nn��ua; �1 `I��.�� $0.00 II.~9��11 .Il..0 ��a;k �1 `I��.�� $0.00 If��aIIII�ru ,;;P��e � �a,, If: �aca� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name II��.�¢�� II Il�.a;�uiia;�ll Description ,1 ,1 /�7",a C I V�7�0 I''�"VC ( I 121:::IVC I-V ) C C�)IVI IVI U IV I C,�� i��l C) IV iC C)IV f�l°2C�) I.... Unit Quantity Unit Price Subtotal II II:: :a��.�� 41�� 41�:a,��.�� p 4ld�p.�p�p 4ld�p.�p�p �p 4ld�p.�p�p 4ld�p.�p�p 4ld�p.�p�p Subtotal $3,400.00 0% $0.00 Total Subcontractor Cost $3,400.00 15% Markup $510.00 Bond Cost 1 % $34.00 1.00% Total Cost of Item $3,944.00 Unit Cost of Item $11.60 Contracto r CSJ Project Labor WD��y�a�: Il��lliia; �;ca¢nn�a��r IVI I I a I al I:i:: I IV I 12Fl IVC I:i:: 12 C),� I a I�C> I'2 ,a C)I I I a W,�,a i��l'.I!: �;�Il lf lf ��II II'bll,ii:ll"� If ��ll"� Item Description Unit Quantity �fl c� � �/�fl."� ,;��;119 �fl�1 If:��/�; (Il��rll�ll::} ��.�� Description Hours Hourly Rate Subtotal ,;; �� . �, u vii�,�a u �1 41��1. �1�1 $0.00 II a��ii�a. ��a�.u��au ;;kuIIII�.�P �1 `I��.�� $0.00 I ��ii.. �� .u��au � �1 41��1.�1�1 $0.00 Il...��au` .. ,;;kiiIIII�.�P (�} 4�1 `I�4��.4��4�� $0.00 Il...��au .. �.J��P,kiiIIII�.�P (�} �1 `I��.�� $0.00 If::ll�¢'��y�.u�, (�} �1 41��1.�1�1 $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If �iia;k��a ( � } �1 `I��.�� $0.00 ,;;�u�r �1 41��1.�1�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��1.�1�1 $0.00 Il��allll�.0 ,;��:�:ll �?VP��r�.11 �1 `I��.�� $0.00 Il��allll�:u If�¢��e:��¢nn��ua; �1 `I��.�� $0.00 II.~9��II .II..0 ��a;k �1 `I��.�� $0.00 Il��allll�,.u. ,;;P�� a"�, If::�aca� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name II��.�¢�� II Il�.a;�uiia;�ll 15% Markup Bond Cost 1 % Total Cost of Item Unit Cost of Item � �/�fl."� ,;��;119 �fl�1 If:��/�; (Il��rlf�ll:: $192.00 $12.80 1,484.80 Unit Quantity Unit Price Subtotal II If:: c�4�1.4�1 `I� � Gi.4�14�1 `I� � ,%c�4�1.4�14�1 �1 41� �1. �1 �1 41� �1. �1 �1 �1 41� �1. �1 �1 41� �1. �1 �1 41��1.�1�1 Subtotal $1,280.00 0% $0.00 Total Subcontractor Cost $1,280.00 1.00% Contra cto r CSJ Project Labor WD��y�a�: Il��lliia; �;ca�nn�a��r IVlllal:)I....I I IVI I4AJVC41 12C),�la I'C>I'2, C)I II:) WA„a�l I:i:: �;�Il lf lf ��II II'bll,ii:ll"� If ��ll"� Item Description Unit Quantity '1-'1/�7 ,aC11V �7�01:':"VC Q C)121::i) CC>IVIIVIUIVICA�i��IC>IViCC)IV I 12C>I.... ��.�� Description Hours Hourly Rate Subtotal ,;; �� a�, u vii �,�a u �1 41��1. �1�1 $0.00 II a��ii�a. ��a�.u��au ;�kuIIII�.�P �1 `I��.�� $0.00 II a��ii�a. ��a�.u��au �1 41��1.�1�1 $0.00 Il...��cau` .. ,;;kiiIIII�.�P (�} 4�1 `I�4��.4��4�� $0.00 Il...��cau .. �.J��P,kiiIIII�.�P (�} �1 `I��.�� $0.00 If:: II� �y�y�,, u.�, �1 41��1. �1�1 $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 E ui ment Description Hours Hourly Rate Subtotal If:�iia;k��. � �1.�1�1 `I��.�� $0.00 II...�a��P �,, u. 4�1.4�14�1 41�4�1.4�14�1 $0.00 ,;;kii�P ,;;��.�.0 �1.�1�1 41��1.�1�1 $0.00 Il��allll�.0 ,;�1�:�.11 �?VP��er�.11 �1.�1�1 `I��.�� $0.00 Il��allll�.0 II�¢��r��nn��ua; �1.�1�1 `I��.�� $0.00 119�¢��cPP��:II�P �;ca�nn�a�a;��au �1.�1�1 `I��.�� $0.00 II��aIIII�,.u.,;;P��e �.�a"�, Il::�a�a� �1.�1�1 41��1.�1�1 $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name 15% Markup Bond Cost 1 % Total Cost of Item Unit Cost of Item Description ,; ��i�r° t;r;Fi �� F,trr; EF��rFtF�:� r;��n�n��IVIr;�.� l��r�/r;��Iv.�.Ft�>I. $192.00 $12.80 $18.56 Unit Quantity Unit Price Subtotal II If:: c�4�1.4�1 `I� � Gi.4�14�1 `I� � ,%c�4�1.4�14�1 �1 41� �1. �1 �1 41� �1. �1 �1 �1 41� �1. �1 �1 41� �1. �1 �1 41��1.�1�1 Subtotal $1,280.00 0% $0.00 Total Subcontractor Cost $1.280.00 1.00% Contracto r CSJ Project Labor WD��y�a�: If:��lliia; �;ca¢nn�a��r IVI I I al a I I I::IV i��12Fl IVC I�. I'2 C>A� I a I C)12 ,a C)I....I G W,�,a I I:i:: � �II II lf �rlf° II'bll .Il� lf �rll� Item Description unit Quantity ��4�1 C�If��.Jll�If::b II��X (�;a°"X��fl°"X��°"} II ::� �.�� Description Hours Hourly Rate Subtotal ,;; �� . �, u vii�,�a u �1 41��1. �1�1 $0.00 Il::a��u�a ��a�.u��au ,;;kiiIIII�.�P �1 `I��.�� $0.00 II:: ��u �� ,.u.��au �1 41��1.�1�1 $0.00 Il...��au` .. ,;;kiiIIII�.�P 4�1 `I�4��.4��4�� $0.00 Il...��au .. �.J��P,kiiIIII�.�P �1 `I��.�� $0.00 If::II�¢'��y�, u �, �1 41��1.�1�1 $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If �iia;k��a ( � } �1 `I��.�� $0.00 ,;;�u�r �1 41��1.�1�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��1.�1�1 $0.00 If��allll� u °�l�r�.11 �?VP��er�.11 �1 `I��.�� $0.00 If��allll�:u II��.��¢nn��ua; �1 `I��.�� $0.00 II.~9��11 .Il..0 ��a;k �1 `I��.�� $0.00 If��allll� u °�P��.�.�a ; Il:�a�a� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name II��:�¢�� II .Il�.a;�uiia;�ll C�II��JII�II"b II��X (�;a°"X��fl°"X� �"" � 15% Markup $150.00 Bond Cost 1 % $10.00 1.00% Total Cost of Item $1,160.00 Unit Cost of Item $580.00 Subtotal � ��1�1�1.�1�1 Subtotal $1 0% Total Subcontractor Cost $1 Contra cto r CSJ Project Labor WD��y�a�: If:��llua; �;ca�nn�a��r IVI I I a I a I I I IV f�l'2A IV C I 12C>Ad:) I C)12 ,aC) I...I f.) W,� ,a I I:i:: �:�II II lf �rlf II'bll II� If �rll� Item Description unit Quantity �� ;��"��.J�ill�ll . If::b ��IIII��.JII II II�II�II::�ilKll .If� II ::� �.�� Description Hours Hourly Rate Subtotal ,;; �� . �, u vii �,�a u �1 41��1. �1�1 $0.00 If: a��ii�a. ��a��u.��au ,�kuIIII�.�P �1 `I��.�� $0.00 f: ��ii.. �� .u��au �1 41��1.�1�1 $0.00 Il...��cau` .. ,;;kiiIIII�.�P 4�1 `I�4��.4��4�� $0.00 Il...��cau .. �.J��P,kiiIIII�.�P �1 `I��.�� $0.00 If::II��y�y�,, u.�, �1 41��1.�1�1 $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If�iia;k��a (�} �1 `I��.�� $0.00 If,��a;kP`��ca�. 4�1 41�4�1.4�14�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��1.�1�1 $0.00 If��allll�,u ,;��:�:ll �lVP��.�.II �1 `I��.�� $0.00 If��allll�:u If��:��¢nn��ua; �1 `I��.�� $0.00 II.~9��11 .Il..0 ��a;k �1 `I��.�� $0.00 If��aIIII�ru ,;;P��e � �a",, If: �a�a� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name II��:�¢�� II .Il�.a;�uiia;�ll Description ;��"��.J�ilf�ll Il:b ��IIIf��Jll II II�II�II �ilKll::lf� � 15% Markup $45.00 Bond Cost 1 % $3.00 1.00% Total Cost of Item $348.00 Unit Cost of Item $174.00 Unit Price Subtotal 41��s��.�� 41�:a��.�� Subtotal $300.00 0% $0.00 Total Subcontractor Cost $300.00 Contra cto r CSJ Project Labor WD��y�a�: Il��lliia; �;ca�nn�a��r IVI I I al:) I....I I IV I I4AJV C 41 12C),� I a I'C> I'2 ,a C)I I I:) WA„a �I I:i:: �;�Il lf lf ��II II'bll,ii:ll"� If ��ll"� Item Description Unit Quantity �� kc� X119119�?V ��fltl�1 �/�rll If �;�IIII��Jll lf � ,��.�� Description Hours Hourly Rate Subtotal ,;; �� . �, u vii �,�a u �1 41��1. �1�1 $0.00 II a��ii�a. ��a�.u��au ;�kuIIII�.�P �1 `I��.�� $0.00 II ��ii.. �� .u��au �1 `I��.�� $0.00 Il...��cau` .. ,;;kiiIIII�.�P (�} 4�1 `I�4��.4��4�� $0.00 Il...��cau .. �.J��P,kiiIIII�.�P (�} �1 `I��.�� $0.00 If:: II� �y�y�,, u.�, �1 41��1. �1�1 $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If�iia;k��a (�} �1 `I��.�� $0.00 If,��a;kP`��ca�. 4�1 41�4�1.4�14�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��1.�1�1 $0.00 Il��allll�.0 ,;�1�:�.11 �?VP��er�.11 �1 `I��.�� $0.00 Il��allll�.0 II�¢��r��nn��ua; �1 `I��.�� $0.00 II.~9��II .II..0 ��a;k �1 `I��.�� $0.00 II��aIIII�,.u.,;;P��e �,�a",, Il::�a�a� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name II��:�¢�� II .Il�.a;�uiia;�ll 15% Markup Bond Cost 1 % Total Cost of Item Unit Cost of Item Description �kc� XII9119�?V��fl4�1 �/�rll II ��IIIf��Jll lf $237.15 $15.81 1,833.96 Unit Quantity Unit Price Subtotal II If:,: � ,4�1� 4�1.4�1 `I� � .�� `I� � ,��c� � .4�14�1 �1 41� �1. �1 �1 41� �1. �1 �1 �1 41� �1. �1 �1 41� �1. �1 �1 41��1.�1�1 Subtotal $1,581.00 0% $0.00 Total Subcontractor Cost $1,581.00 1.00% Contracto r CSJ Project Labor WD��y�a�,. II ��Iliia; �: ca¢nn�a��r IVI I I a I a I I I:i::IV I 12,� IV C I:: I'2C),� I a I C>I'2 ,aC> I I I a W,� ,a I I:i:: � �Ir lf lf �r ll II'b ll :Il� lf �rll� Item Description unit Quantity �s:a d,t,Yfl>6IIFItM'Ys�fltlC�l � t";Iftr;lll� h� � f a,',r;C> �i��1.�1 Description Hours Hourly Rate Subtotal ,;; �� . �, u vii�,�a u �1 41��1. �1�1 $0.00 Il::a��u�a. ��a� u��au ,;;kuIIII�.�P �1 `I��.�� $0.00 II:: ��u . ��.�.u��au �1 41��1.�1�1 $0.00 Il...��au` .. ,;;kiiIIII�.�P (�} 4�1 `I�4��.4��4�� $0.00 Il...��au .. �.J��P,kiiIIII�.�P (�} �1 `I��.�� $0.00 If::II�¢'��y�, u �, �1 41��1.�1�1 $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If�iia;k��a (�} �1 `I��.�� $0.00 If,��a;kP`��ca�. 4�1 41�4�1.4�14�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��1.�1�1 $0.00 If��allll� u ;��.�:II �?VP��e,�,ll �1 `I��.�� $0.00 If��allll�:u If��e:��¢nn��ua; �1 `I��.�� $0.00 II.~9��11 .Il..0 ��a;k �1 `I��.�� $0.00 If��allll�ru ,;;P�� , If: �aca� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name II��.�¢�� II Il�.a;�uiia;�ll 15% Ma Description �E�,��>�F.iF�i�nr ��s>�� t��i �� r;iFt�,`��i� �r;r;F at�a r;��iv�� Ft�>i. $102.00 otal Cost of Item $788.80 Init Cost of Item $1.16 � � 1.00% �� ••- 41��1.�1�1 Subtotal $680.00 0% $0.00 Total Subcontractor Cost $680.00 Contracto r CSJ Project Labor WD��y�a�,. II ��Iliia; �: ca¢nn�a��r IVI I I a I a I I I:i::IV I 12,� IV C I:: I'2C),� I a I C>I'2 ,aC> I I I a W,� ,a I I:i:: � �Ir lf lf �r ll II'b ll :Il� lf �rll� Item Description unit Quantity Description Hours Hourly Rate Subtotal ,;; �� . �, u vii�,�a u �1 41��1. �1�1 $0.00 Il::a��u�a. ��a� u��au ,;;kuIIII�.�P �1 `I��.�� $0.00 II:: ��u . ��.�.u��au �1 41��1.�1�1 $0.00 Il...��au` .. ,;;kiiIIII�.�P (�} 4�1 `I�4��.4��4�� $0.00 Il...��au .. �.J��P,kiiIIII�.�P (�} �1 `I��.�� $0.00 If::II�¢'��y�, u �, �1 41��1.�1�1 $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If�iia;k��a (�} �1 `I��.�� $0.00 If,��a;kP`��ca�. 4�1 41�4�1.4�14�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��1.�1�1 $0.00 If��allll� u ;��.�:II �?VP��e,�,ll �1 `I��.�� $0.00 If��allll�:u If��e:��¢nn��ua; �1 `I��.�� $0.00 II.~9��11 .Il..0 ��a;k �1 `I��.�� $0.00 If��allll�ru ,;;P�� , If: �aca� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name II P��. ��. �: 15% Ma Description � Unit I Ilf) f'ftCJ?wlf'ftCJ t";"�ftf) ftf hf)f ft Il;:�s $44.70 1.00% otal Cost of Item $345.68 Init Cost of Item $345.68 �� ••- 4li ��'. ��'��' Subtotal $298.00 0% $0.00 Total Subcontractor Cost $298.00 Co ntra cto r CSJ Project Labor WD��y�a�:.11:��lliia; �;ca¢nn�a��r IVlllalal I Ii::IVI 12Fl IVCI �. I'2C>A la I C)I4,aC>I....Ila W,�,a I I:i:: � �II If lf �rll II'bll .Il� lf �rll� Item Description unit Quantity �� 4„Fi'�f:kf'�f a a t..':ef:k}�i I,i�� f�%f::'.I�irtl�V��. ��.rt�rt f}�i� f::'.I�V�., II ::� �.�� Description Hours Hourly Rate Subtotal ,;; �� . �, u vii �,�a u �1 41��1. �1�1 $0.00 Il::a��u�a ��a� u��au ,;;kuIIII�.�P �1 `I��.�� $0.00 II:: ��u ��.�.u��au �1 41��1.�1�1 $0.00 Il...��au` .. ,;;kiiIIII�.�P (�} 4�1 `I�4��.4��4�� $0.00 Il...��au .. �.J��P,kiiIIII�.�P (�} �1 `I��.�� $0.00 If::II��y�y�,, u.�, �1 41��1.�1�1 $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If�iia;k��a (�} �1 `I��.�� $0.00 If,��a;kP`��ca�. 4�1 41�4�1.4�14�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��1.�1�1 $0.00 If��allll� u °�1�.�:11 �?VP��er�.11 �1 `I��.�� $0.00 If��allll�:u II��.��¢nn��ua; �1 `I��.�� $0.00 II.~9��II .Il..u��a;k �1 `I��.�� $0.00 If��allll� u;�P��.� T, If: �aca� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name II P��. ��. �: 15% Marku Description 4~Fi'�fkf'�f:'..t:.a a af"}f�.l��i�� %`l�f.I�.'1R�tI�V��. ��.r�t��R�t f}�i� f'.I�V��.f f'��t:':e $253.50 otal Cost of Item $1,960.40 Init Cost of Item $980.20 Unit Quantity Unit Price Subtotal II:;:li � .4�14�1 `I�c��fl ��.4�14�1 `I� � ,Gi��4�1.4�14�1 �p.�p�p 4ld�p.�p�p 4ld�p.�p�p �p.�p�p 4ld�p.�p�p 4ld�p.�p�p 4ld�p.�p�p Subtotal $1,690.00 0% $0.00 Total Subcontractor Cost $1,690.00 1.00% Contracto r CSJ Project Labor WD��y�a�,. II ��Iliia; �: ca¢nn�a��r IVI I I a I a I I I:i::IV I 12,� IV C I:: I'2C),� I a I C>I'2 ,aC> I I I a W,� ,a I I:i:: � �Ir lf lf �r ll II'b ll :Il� lf �rll� Item Description unit Quantity ��Gi f'CJ\�ff ft `"1l.IF>f'I If:;:3 II ::� �.�� Description Hours Hourly Rate Subtotal ,;; �� . �, u vii�,�a u �1 41��1. �1�1 $0.00 Il::a��u�a. ��a� u��au ,;;kuIIII�.�P �1 `I��.�� $0.00 II:: ��u . ��.�.u��au �1 41��1.�1�1 $0.00 Il...��au` .. ,;;kiiIIII�.�P (�} 4�1 `I�4��.4��4�� $0.00 Il...��au .. �.J��P,kiiIIII�.�P (�} �1 `I��.�� $0.00 If::II�¢'��y�, u �, �1 41��1.�1�1 $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If�iia;k��a (�} �1 `I��.�� $0.00 If,��a;kP`��ca�. 4�1 41�4�1.4�14�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��1.�1�1 $0.00 If��allll� u ;��.�:II �?VP��e,�,ll �1 `I��.�� $0.00 If��allll�:u If��e:��¢nn��ua; �1 `I��.�� $0.00 II.~9��11 .Il..0 ��a;k �1 `I��.�� $0.00 If��allll�ru ,;;P�� , If: �aca� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name II P��. ��. �: 15% Ma Description F'CJ\Mf ft;:illf'f'I If:`:i $43.20 otal Cost of Item $334.08 Init Cost of Item $167.04 � 1.00% Quantity Unit Price Subtotal � .4�14�1 `I� � �fl �fl .4�14�1 `I;� c�c�.4�14�1 ��'.��'��' `li��'.��'��' `li��'.��'��' ��'.��'��' 4Is��'.��'��' 4Is��'.��'��' 4Is ��'. ��'��' Subtotal $288.00 0% $0.00 Total Subcontractor Cost $288.00 Contracto r CSJ Project Labor WD��y�a�,. II ��Iliia; �: ca¢nn�a��r IVI I I a I a I I I:i::IV I 12,� IV C I:: I'2C),� I a I C>I'2 ,aC> I I I a W,� ,a I I:i:: � �Ir lf lf �r ll II'b ll :Il� lf �rll� Item Description unit Quantity �� I�)�� fkl f I�V�...��i�/] 4�Frtf{I f:'.R�tI�V��, ti�.�f:kf.k�.�f'�� Gf1/1.�.�� f:': II..,I;� � .�� Description Hours Hourly Rate Subtotal ,;; �� . �, u vii�,�a u �1 41��1. �1�1 $0.00 Il::a��u�a. ��a� u��au ,;;kuIIII�.�P �1 `I��.�� $0.00 II:: ��u . ��.�.u��au �1 41��1.�1�1 $0.00 Il...��au` .. ,;;kiiIIII�.�P (�} 4�1 `I�4��.4��4�� $0.00 Il...��au .. �.J��P,kiiIIII�.�P (�} �1 `I��.�� $0.00 If::II�¢'��y�, u �, �1 41��1.�1�1 $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If�iia;k��a (�} �1 `I��.�� $0.00 If,��a;kP`��ca�. 4�1 41�4�1.4�14�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��1.�1�1 $0.00 If��allll� u ;��.�:II �?VP��e,�,ll �1 `I��.�� $0.00 If��allll�:u If��e:��¢nn��ua; �1 `I��.�� $0.00 II.~9��11 .Il..0 ��a;k �1 `I��.�� $0.00 If��allll�ru ,;;P�� , If: �aca� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name II P��. ��. �: 15% Ma Description I�.��... f.kl f I�V�.�i1/1 4„Fr�tf{I f'..�.I�V��, ti�.�fkf"�.�f'�� If1/]rt� f.:'.f'�I.�.I..... $50.25 otal Cost of Item $388.60 Init Cost of Item $388.60 � 1.00% Unit Price I Subtotal 4ld�p.�p�p Subtotal $335.00 0% $0.00 Total Subcontractor Cost $335.00 Co ntra cto r CSJ Project Labor WD��y�a�:.11:��lliia; �;ca¢nn�a��r IVlllalal I Ii::IVI 12Fl IVCI �. I'2C>A la I C)I4,aC>I....Ila W,�,a I I:i:: � �II If lf �rll II'bll .Il� lf �rll� Item Description unit Quantity ��c� ��vt:ar�� F.�� -,`�Ft�� FtF ��F Ft II..,I;� � .�� Description Hours Hourly Rate Subtotal ,;; �� . �, u vii �,�a u �1 41��1. �1�1 $0.00 Il::a��u�a ��a� u��au ,;;kuIIII�.�P �1 `I��.�� $0.00 II:: ��u ��.�.u��au �1 41��1.�1�1 $0.00 Il...��au` .. ,;;kiiIIII�.�P (�} 4�1 `I�4��.4��4�� $0.00 Il...��au .. �.J��P,kiiIIII�.�P (�} �1 `I��.�� $0.00 If::II��y�y�,, u.�, �1 41��1.�1�1 $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If�iia;k��a (�} �1 `I��.�� $0.00 If,��a;kP`��ca�. 4�1 41�4�1.4�14�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��1.�1�1 $0.00 If��allll� u °�1�.�:11 �?VP��er�.11 �1 `I��.�� $0.00 If��allll�:u II��.��¢nn��ua; �1 `I��.�� $0.00 II.~9��II .Il..u��a;k �1 `I��.�� $0.00 If��allll� u;�P��.� T, If: �aca� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name II P��. ��. �: 15% Marku Description ��vt.A��,� � F��:,�F��F�F.�,��F F� $346.50 otal Cost of Item $2,679.60 Init Cost of Item $2,679.60 � 1.00% Subtotal 0% Total Subcontractor Cost Subtotal � ,:a � ��.�� 4I��.�� 4I��.�� 4I��.�� 2,310.00 $0.00 2.310.00 Co ntra cto r CSJ Project Labor WD��y�a�:.11:��lliia; �;ca¢nn�a��r IVlllalal I Ii::IVI 12Fl IVCI �. I'2C>A la I C)I4,aC>I....Ila W,�,a I I:i:: � �II If lf �rll II'bll .Il� lf �rll� Item �� Description rv��,.�.F Fti�i E� i�Ft��Ft F c�Ft ir�ta��,i i�ric�iv ��F r F��ivta�;c�F�F i��ivca F��iv�aF F�F ��F F� U n it II...,l;; Quantity � .�1 Description Hours Hourly Rate Subtotal ,;; �� . �, u vii �,�a u �1 41��1. �1�1 $0.00 Il::a��u�a ��a� u��au ,;;kuIIII�.�P �1 `I��.�� $0.00 II:: ��u ��.�.u��au �1 41��1.�1�1 $0.00 Il...��au` .. ,;;kiiIIII�.�P (�} 4�1 `I�4��.4��4�� $0.00 Il...��au .. �.J��P,kiiIIII�.�P (�} �1 `I��.�� $0.00 If::II��y�y�,, u.�, �1 41��1.�1�1 $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If�iia;k��a (�} �1 `I��.�� $0.00 If,��a;kP`��ca�. 4�1 41�4�1.4�14�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��1.�1�1 $0.00 If��allll� u °�1�.�:11 �?VP��er�.11 �1 `I��.�� $0.00 If��allll�:u II��.��¢nn��ua; �1 `I��.�� $0.00 II.~9��II .Il..u��a;k �1 `I��.�� $0.00 If��allll� u;�P��.� T, If: �aca� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name II P��e, �i��a;P��cau C�u�a�� Description 11i1hTf' ftlhl. c� I hfdCJft f'CYft IIV`",�hl.l h� ICYIV CYF' �.F��ivta�,`c�F�F i��ivca F��iv�aF F�F ��F F� Unit Quantity Unit Price Subtotal II...,�'�„v �I .��'��' 4li �I , �I �I�I�.��'��' 4li �I , �I �I��I�.��'��' �1. �1 �1 41� �1. �1 �1 41� �1. �1 �1 �1. �1 �1 41� �1. �1 �1 41� �1. �1 �1 41��1.�1�1 Subtotal $1,144.00 0% $0.00 Total Subcontractor Cost $1.144.00 15% Marku $171.60 Bond Cost 1% $11.44 1.00% Total Cost of Item $1,327.04 Unit Cost of Item $1,327.04 Co ntra cto r CSJ Project Labor WD��y�a�:.11:��lliia; �;ca¢nn�a��r IVlllalal I Ii::IVI 12Fl IVCI �. I'2C>A la I C)I4,aC>I....Ila W,�,a I I:i:: � �II If lf �rll II'bll .Il� lf �rll� Item �� Description rFt�,ivta�;��FtF tarv��Ft� F�� ata � i c�iv�a Ft�,ivcaF E� ��>es �nrF ica�,iv�� .�.�, �-;��ivtrF:F� � F F� U n it II...,l;; Quantity � .�1 Description Hours Hourly Rate Subtotal ,;; �� . �, u vii �,�a u �1 41��1. �1�1 $0.00 Il::a��u�a ��a� u��au ,;;kuIIII�.�P �1 `I��.�� $0.00 II:: ��u ��.�.u��au �1 41��1.�1�1 $0.00 Il...��au` .. ,;;kiiIIII�.�P (�} 4�1 `I�4��.4��4�� $0.00 Il...��au .. �.J��P,kiiIIII�.�P (�} �1 `I��.�� $0.00 If::II��y�y�,, u.�, �1 41��1.�1�1 $0.00 $0.00 Subtotal $0.00 0% $0.00 0% $0.00 0 Total Labor Cost $0.00 Materials Description Unit Quantity Unit Price Subtotal `I� $0.00 `I� $0.00 `I� $0.00 Subtotal $0.00 0% $0.00 Total Material Cost $0.00 Equipment Description Hours Hourly Rate Subtotal If�iia;k��a (�} �1 `I��.�� $0.00 If,��a;kP`��ca�. 4�1 41�4�1.4�14�1 $0.00 ,;;kii�P ,;;��.�.0 �1 41��1.�1�1 $0.00 If��allll� u °�1�.�:11 �?VP��er�.11 �1 `I��.�� $0.00 If��allll�:u II��.��¢nn��ua; �1 `I��.�� $0.00 II.~9��II .Il..u��a;k �1 `I��.�� $0.00 If��allll� u;�P��.� T, If: �aca� �1 41��.�� $0.00 Subtotal $0.00 0% $0.00 Total Equipment Cost $0.00 Subcontractor Name II P��e, �i��a;P��cau C�u�a�� Description � fthlV`';C';CJftf `",YVlhft� f'h 3;r, �4 I C)IVC'; fthlVCaf: c� "Y�4ti,'>�'S \�ff IC',F�,IVf)f)h�F�,t";CJIV\/f:ft�f ft Unit Quantity Unit Price Subtotal II...;��„v �.��'��' `li�l�,�")(G'b.��'��' `li�l,�")fG'b.��'��' �1. �1 �1 41� �1. �1 �1 41� �1. �1 �1 �1. �1 �1 41� �1. �1 �1 41� �1. �1 �1 41��1.�1�1 Subtotal $4,576.00 0% $0.00 Total Subcontractor Cost $4.576.00 15% Marku $686.40 Bond Cost 1 % $45.76 1.00% Total Cost of Item $5,308.16 Unit Cost of Item $5,308.16 ' �1 �� f � � � W � F Ir �� { ^ E`� r I� �� s � � . � �' . ��w� � � ^��^`t , � �' � � �`` �,J ��,, �,�,� '�� ) . � '� �� , .. , . , .. �� _. _ _ �� ., w — ,�,� ' . �`?1 E. �rror7 �iv��r�tae P �17-,�fil-%�()4� ` . Fart ��'ortli, T��as 7ta��C� F �17-5t�1-7�()3 «��.��°a�i«�l� et��icrdl.c c>��Y Friday, February 23, 2018 To: Matt Thunem Jagoe-Public Company Bean Electrical, Inc. is proud to offer an estimate for the project: Middle Entrance Road New Gate Power Revised Scope: Per Bid Items below Item Qty. Unit Description Unit Price Amount 1 340 LF 1-1/4" SCH 40 PVC (TRENCH) $10.00 $3,400.00 2 340 LF 1-1/4" SCH 40 PVC (TRENCH) COMMUNICATION/CONTROL $10.00 $3,400.00 3 80 LF 1-1/4" SCH 40 PVC (BORE) $16.00 $1,280.00 4 80 LF 1-1/4" SCH 40 PVC (BORE) COMMUNICATION/CONTROL $16.00 $1,280.00 5 2 EA GROUND BOX (13"X24"X12") $500.00 $1,000.00 6 1 EA GROUND BOX (13"X24"X12") COMMUNICATION/CONTROL $500.00 $500.00 7 2 EA SQUARE D CIRCUIT BREAKERS $150.00 $300.00 8 1020 LF #8 XHHW 240 VOLT CIRCUIT $1.55 $1,581.00 9 680 LF #10 XHHW 120 VOLT CIRCUIT ACCESS CONTROL $1.00 $680.00 TOTAL $13,421.00 ��.��i� �IV�.��i�°iu��IV� �i�� TECL17979 Regulated by The Texas Department of Licensing and Regulations, P.O. Box 12157, Austin, Texas 78711, 1 800 803 9202, 512 463 6599, website www.license.st�te.tx.us/com pl� ints � ,, � � �! ' , ` , � � � �;; Los Altos Fence & Supply 2207 Wimbledon Arlington, TX 76017 817-468-5044 Name JAGOE-PUBLIC CO JOB# 1855.53870 DATE 2/22/2018 TEL1 TEL2 FAX CELL Job site 1527 S MAYHILL RD Address : DENTON, TX 76208 940-600-2033 Los Altos Fence & Supply, the Contractor, will search for existing property stakes. If none exist the ultimate responsibility for establishing property boundaries is the customers. The contractor assumes the responsibility of contacting and requesting that all underground, public utility lines be accurately marked by the utility companies. Location of private well, pool, sprinkler, gas, electric, satellite and any other buried utility lines will be clearly marked by the customer and any damage incurred due to incorrect or nonmarking will solely be the responsibility of the customer to repair. Furthermore, pool equipment, electrical fixtures, vines and plants of any nature that are attached to the old fence must be removed prior to the installation date. The satisfaction of the customer, with regard to construction and any future maintenance agreed to, is the Contractor's ultimate goal. Sale Price $25,564.00 Tax $0.00 Total $25,564.00 Deposit $0.00 Balance $25,564.00 This proposal may be withdrawn by Los Altos Fence & Supply if not accepted within 10 days. SETTING NEW 6 5/8" X SCH40 GAUGE GALV. STEEL POSTS IN CONCRETE (GATE POSTS) INSTALLATION OF (2) CANTILEVER (CHAINLINK) GATES AT 38LF AT 6' IN HEIGHT(LENGTH INCLUDES TAIL FOR CANTILEVER) INSTALLATION OF (1) HW SYSTEMS RP 40 CARD READER (END USER RESPONSIBLE FOR CONNECTING READER TO EXISTING DATABASE) INSTALLATION OF (1) TRANSCORE-4 LONG RANGE READER (REPURPOSED FROM EXISTING GATE. END USER RESPONSIBLE FOR CONNECTION) INSTALLATION OF (1) DUAL HEIGHT PEDASTAL MOUNT FOR READERS (FOR TRUCKAND CAR) INSTALLATION OF (4) SAFETY LOOPSAND (2) EXIT LOOPALONG WITH (2) THROUGH BEAM PHOTO EYES (UL325 COMPLIANT) RUSTIC TO INSTALL STROBE DETECTOR (SEE OPTIONS BELOW), EMERGENCY CHAIN RELEASE, AND PROVIDE KNOX BOX FOR FIRE SAFETY CUSTOMER TO CHOOSE BETWEEN THE FOLLOWING STROBE DETECTORS PER CITY REGULATION: (2) OPTICOM STROBE DETECTORS -ADD $5,068.00 TO ABOVE TOTAL OR (2) TOMAR STROBE DETECTORS - ADD $1,244.00 TO ABOVE TOTAL OPERATOR OPTION 1) (2) DOORKING 9210AUTOMATIC SLIDE GATE OPERATORS -ADD $7,082.00 TOABOVE TOTAL OPERATOR OPTION 2) (2) HYSECURITY SLIDE RAIL OPERATOR (TO MATCH EXISTING ON SITE) -ADD $27,164.00 TO ABOVE TOTAL **RUSTIC FENCE NOT RESPONSIBLE FOR RUNNING ELECTRICAL OR CONDUIT, BUT WILL WORK WITH ONSITE ELECTRICIAN TO PROVIDE GUIDANCE ON WHAT IS NEEDED. PEMIT FEES IF APPLICABLE** I have read and understand all the terms and conditions of this contract: Tristan Emms CUSTOMER DESIGN CONSULTANT ' �1 �� f � � � W � F Ir �� { ^ E`� r I� �� s � � . � �' . ��w� � � ^��^`t , � �' � � �`` �,J ��,, �,�,� '�� ) . � '� �� , .. , . , .. �� _. _ _ �� ., w — ,�,� ' . �`?1 E. �rror7 �iv��r�tae P �17-,�fil-%�()4� ` . Fart ��'ortli, T��as 7ta��C� F �17-5t�1-7�()3 «��.��°a�i«�l� et��icrdl.c c>��Y Friday, February 23, 2018 To: Matt Thunem Jagoe-Public Company Bean Electrical, Inc. is proud to offer an estimate for the project: Middle Entrance Road New Gate Power Revised Scope: Per Bid Items below Item Qty. Unit Description Unit Price Amount 1 340 LF 1-1/4" SCH 40 PVC (TRENCH) $10.00 $3,400.00 2 340 LF 1-1/4" SCH 40 PVC (TRENCH) COMMUNICATION/CONTROL $10.00 $3,400.00 3 80 LF 1-1/4" SCH 40 PVC (BORE) $16.00 $1,280.00 4 80 LF 1-1/4" SCH 40 PVC (BORE) COMMUNICATION/CONTROL $16.00 $1,280.00 5 2 EA GROUND BOX (13"X24"X12") $500.00 $1,000.00 6 1 EA GROUND BOX (13"X24"X12") COMMUNICATION/CONTROL $500.00 $500.00 7 2 EA SQUARE D CIRCUIT BREAKERS $150.00 $300.00 8 1020 LF #8 XHHW 240 VOLT CIRCUIT $1.55 $1,581.00 9 680 LF #10 XHHW 120 VOLT CIRCUIT ACCESS CONTROL $1.00 $680.00 TOTAL $13,421.00 ��.��i� �IV�.��i�°iu��IV� �i�� TECL17979 Regulated by The Texas Department of Licensing and Regulations, P.O. Box 12157, Austin, Texas 78711, 1 800 803 9202, 512 463 6599, website www.license.st�te.tx.us/com pl� ints d f � �iy , � � I � ( � f � �� _s . ` Y._ s � � r � r Ir � � . I � � � f � � � � .�..! �"' E. ^,,.. . ^ mm��i `y �'^. `. 1 _��;,. 4 a/ �� ,.. , � Y� 1 � . . _ — � � ! ) � ..�� . ��l E. Er1an A��ei�tae F �,l%-5�a1-7�f)(1 Fc�rt ��'�r-tlY� T�xas %ta1�0 F �17-7�1-7�{)3 ti��5��. N��°abir_ ��ct� ic<�l.c ca7z� Clarifications and Exclusions: 1. Excludes anything not listed in scope and the following below 2. Surveying & Staking 3. Damage to Paving or Asphalt 4. Performance/Payment Bonds 5. Utility Company Charges 6. Damage to unseen/unmarked utilities 7. Allowances/City Fees 8. Taxes (if any) 9. Bid based on normal working hours (7:00 to 3:30-Mon. thru Fri). No overtime or acceleration included 10. Bean Electrical, Inc. reserves the right to negotiate a mutually acceptable contract. Sincerely, Andrew L. Hawkins ��.��i� �IV�.��i�°iu��IV� �i�� TECL17979 Regulated by The Texas Department of Licensing and Regulations, P.O. Box 12157, Austin, Texas 78711, 1 800 803 9202, 512 463 6599, website www.license.st�te.tx.us/com pl� ints THE ABE Corp. American Business Electronics, Inc. * Contractors and Consultants * Registered Professional Engineers Proposal #7823 January 25, 2018 Jagoe-Public Company 3020 Fort Worth Drive Denton, TX 76201 Attn.: Mr. Matt Thunem Refer: Denton Solid Waste New gate Access control We understand that your are installing a pair of sliding gates at the new entrance to the Denton Solid Wast facility. We are pricing the reconnection of the original HID Proximity type card reader and the RFID system [provided by others] to the Honeywell WinPak Access Control system at this facility. There is an existing Access Control panel already connected to the WinPak system at the Administration building. The card reader and RFID system were originally connected to that control panel for entry at the old parking gate location. We understand that your electrician will install conduits and install the cabling we provide them from a juction box [at the proesent working gate location] to this new gate location. We will provide the low voltage cable for them to install. Others must also provide and install a junction box at the new gate location to install some of the supporting electronic equipment for the card readers and RFID system. We have prepaired a budgetary bid for your review to perform reconnection of the card reader and RFID system to the Honeywell WinPak Access Control system at this facility. There are many variables that will affect the final price of the this work. It important the Denton Landfill personnel understand that we are connecting old equipment to the system and success cannot be determined until we have everything operational. the is We have listed most of the variables on the System requirements page 5. Phone: 972 620 7667 Fax: 972 620-8878 Email: accessroy@theabecorp.com 1901 Royal Lane • Suite 102 • Dallas, Texas 75229 Bonded, Insured, State License No. B1837 Proposal #7823 -2- We appreciate having you as a customer. We feel we can do the best possible job for you for the following reasons: - We have years of experience with Electronic Security Systems. - We have graduate engineers and trained technicians to serve you. - We believe in taking care of our customers. The ABE Corporation is a factory authorized dealer for Honeywell Access Control products. We operate under the authority of the Texas department of Public Safety, P.O. Box 4087, Austin, Texas 78733, phone 512/424-2000. All prices are firm for sixty (60) days. All labor prices are based on work performed during normal working hours. Applicable taxes and freight will be added to quoted prices upon invoicing. The attached "Standard Terms and Conditions of Sales" apply to this proposal. All orders are subject to final approval by the Company. Terms are negotiable. Your written authorization to proceed will start this work. As always, we stand ready to serve you. Sincerely, Roy L. Riedinger Vice President -3- Access Control System Solution One Proposal #7823 We will reconnect one HID Proximity card reader and one RFID system to the existing Honeywell access control system. Control panel #16 will support these devices. We anticiapate that we must add two Data extenders to transmit the card reader data to the control panel [as the cable distance may exceed the capability of the devices]. We may be able to install the same card reader removed from the original gate. Unit 1 Card Reader $ 298.00 HID Proxipro 2 Weigand Data extenders $ 845.00 Cypress SPX1300 2 Power suppies 12vdc $ 144.00 1 Lot Plenum Cable and Support Material Materials Labor Freight Sub-Total Accepted By: P.O. # Ext. $ 298.00 $ 1,690.00 $ 288.00 $ 335.00 $ 2,611.00 $ 2,200.00 $ 110.00 $ 4,921.00 This is priced based upon using a new card reader and Data Extenders. -3- Access Control System Solution Two Proposal #7823 We will reconnect one HID Proximity card reader and one RFID system to the existing Honeywell access control system. Control panel #16 will support these devices. We can try to connect the devices without the Data extenders to transmit the card reader data to the control panel. If it works, then we will not need the Data Extenders. We may be able to install the same card reader removed from the original gate also. 1 1 Card Reader HID Proxipro Unit $ 298.00 Lot Plenum Cable and Support Material Materials Labor Freight Sub-Total Accepted By: ' � �� Ext. C.P. $ 310.00 $ 310.00 $ 1,600.00 $ 90.00 $ 2,000.00 This is priced based upon using the old card reader and not needing the Data extenders Special Requirements: proposal. Proposal #7823 -5- The following considerations apply to our l. It is important that all parties understand we are connecting old equipment up to old [obsolete access control panels]. Some of this work will be experimental, as we do not know if the equipment still operates properly. If the original equipment does not operate, the Honeywell WinPak Software must be upgraded and new generation Access Control panels must be installed. 2. Other contractors are responsible for; All electrical, conduit, fence, gate installation. Some one must provide a pedistal to install the card reader and RFID antenna on. We are only provided a device to open the fence. 3. We will provide the cabling for the electrian to install in the underground conduits. We intend to plice into the exisitng cable at the exixting parking gate location. 4. We will need physical space to locate the equipment and power supplies in the Juntion box at the new parking gate. 5. We will require 110vac 20amp service: 1) Where the control panel and power supplies are installed; in the Network\phone rooms. Existing power should be adequate. 7. ABE Corp. "Standard insurance" requirements will be met. Any special requirements for "additional insured" and or bonds will be invoiced to the customer. 8. Anchor will be responisible for installing their RFID system. We intend to connect to their Wiegand interface board. DATE: 3-19-18 BUYER: JAGOE-PUBLIC ADDRESS: CITY: � w� �:6 �1��° �� "��'�� l��w :�i� � � ��'��' � �'��w� ,��"'�� "�"��w� � " �w��w� i�� '� ��,� � �� :��"��"� �°'��a� �'� ��,� � �� :�� PROPOSAL ATTN.: MATTHEW THUNEM PROJECT: CITY OF DENTON LANDFILL LOCATION: EMAIL: PO # PHONE # DRAWING DATE: FAX # SPEC # DATE: This proposal is valid only if accepted by execution below by the Buyer and returned to the Seller on or before 2018, Otherwise, this Proposal shall be deemed withdrawn �� SUBJECT TO ACCEPTANCE WITHIN 30 DAYS AND TO ALL CONDITIONS ON PAGE 2 ATTACHED, ANCHOR PROPOSES TO FURNISH MATERIALS AND LABOR AT THE PRICES AND TERMS AS STIPULATED BELOW: The Anchor Group is pleased to offer the following two proposal options: * Re install existing Transcore long range reader with existing data converter at new gate location. We will wire and test existing equipment for proper operation. The Anchor Group cannot guarantee the existing equipment is in good working condition and will determine condition and functionality at time of re install. Material and installation excluding tax-$1,144.00 * Install new Transcore smartpass 4 long range reader with new CVX- 1468 weigand data converter. The new reader will be installed at the new gate location and tested for proper operation Material and installation excluding tax-$5,720.00 The Anchor Group excludes high voltage electrical, conduit, access control wiring to the access control panels and data extenders THE UNDERSIGNED ACCEPTS THIS PROPOSAL AND ALL ITS TERMS AS A BINDING CONTRACT SUBJECT ONLY TO APPROVAL OF CREDIT BY SELLER. THE ANCHOR GROUP, INC. COMPANY: C• TITLE: BY: Jamey Livineston SALES REPRESENTATIVE JAMEY LIVINGSTON CONDITIONS OF PROPOSAL Acceptance of this proposal by Buyer shall be acceptance of all terms and conditions recited herein which shall supersede any conflicting term in any other contract document. Any of the Buyer's terms and conditions in addition or different from this proposal are objected to and shall have no effect. Buyer's agreement herewith shall be evidenced by Buyer's signature hereon or by permitting Seller to commence work for project. 1. Seller shall be paid monthly progress payments on or before the 15th of each month for the value of work completed plus the amount of materials and equipment suitably stored on or off site. Final payment shall be due 30 days after the work described in the proposal is substantially completed. No provision of this agreement shall serve to void the Seller's entitlement to payment for properly performed work or suitably stored materials. 2. The Buyer will withhold no more retention from the Seller than is being withheld by the Owner from the Buyer with respect to the Seller's work. 3. All sums not paid when due shall bear interest at the rate of 1 1/2% per month or the maYimum legal rate permitted by law, whichever is less; and all costs of collection, including reasonable attorney's fees, shall be paid by Buyer. 4. Nothing in this agreement shall require Seller to continue performance if timely payments are not made to Seller for suitably performed work or stored materials. 5. No back charges or claim of the Buyer for services shall be valid except by an agreement in writing by the Seller before the work is executed, except in the case of the Seller's failure to meet any requirement of the subcontract agreement. In such event, the Buyer shall notify the seller of such default, in writing, and allow the Seller reasonable time to correct any deficiency before incurring any cost chargeable to the Seller. 6. Buyer is to prepare all work areas so as to be acceptable for Seller under contract. Seller will not be called upon to start work until sufficient areas are ready to insure continued work. 7. Seller shall be given a reasonable time in which to make delivery of materials and/or labor to commence and complete the performance of the contract. Seller shall not be responsible for delays or defaults where occasioned by any causes of any kind and extend beyond its control, including but not limited to: delays caused by the owner, general contractor, arohitect and/or engineers, delays in transporiation, shoriages of raw materials, civil disorders, labor difficulties, vendor allocations, fires, floods, accidents and acts of God. Seller shall be entitled to equitable adjustment in the subcontract amount for additional cost due to unanticipated project delays, accelerations or encountering rock or swampy conditions. 8. All workmanship is guaranteed against defects in workmanship for a period of one year from the date of installation. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The exclusive remedy shall be that Seller will replace or repair any part of its work which is found to be defective. Seller will not be responsible for special, incidental, or consequential damages. Seller shall not be responsible for damage to its work by other parties or for improper use of equipment by others. 9. Work called for herein is to be performed during the Seller's regular working hours. All work performed outside of such hours shall be charged for at rates or amounts agreed upon by the parties at the time overtime is authorized. 10. Any notice or written claim required by the contract documents to be submitted to the Buyer, on account of changes, extras, delays, acceleration, or otherwise, shall be furnished within a time period, and in a manner to permit the Buyer to satisfy the requirements of the contract documents and its contract with the Owner, nottivithstanding any shorter time period otherwise provided. 1 L The contract form used bettiveen the Seller and the Buyer will be the AIA Standard Form Subcontract Document A401 (1987 edition). Where there is a conflict bettiveen provisions of either the AIA Subcontract Form, or the contract documents bettiveen the Owner and Buyer and this Proposal, then this Proposal shall govern. 12. Title to the materials delivered or to be delivered under this Proposal does not pass to the Buyer until payment has been made in full. Nothing in this agreement shall serve to void Seller's right to reclaim its materials or file a lien or claim on its behalf in the event that any payment to Seller is not timely made. 13. The Buyer shall furnish all temporary site facilities including suitable storage space, hoisting, temporary electrical and water at no cost to Seller. Buyer shall mark all utility lines. 14. The Buyer shall make no demand for liquidated damages for delays or actual delays in any sum in excess of such amount as may be specifically named in this Proposal and no liquidated damages may be assessed against Seller for more than the amount paid by the Buyer for unexecuted delays to the extent caused by Seller. 15. Buyer shall, if the Owner does not, purohase and maintain all risk insurance upon the full value of the entire work and/or materials delivered to the job site which shall include the interest of Seller. 16. is the owner of the real property at the project location. Their mailing address is and their telephone number is Buyer's initials ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, A TEXAS HOME-RULE MUNICIl'AL CORPORATION, AUTHORIZING THE APPROVAL OF CHANGE ORDERS NO. 2 AND 3 TO THE CONTRACT BETWEEN THE CITY OF DENTON AND JAGOE-PUBLIC COMPANY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTNE DATE (RFP 6218- CHANGE ORDERS NO. 2 AND 3 IN THE AMOUNT OF $99,573.78 FOR A TOTAL CONTRACT AWARD AGGREGATING TO $1,571,294.78). WHEREAS, on March 7, 2017 by Ordinance No. 2017-085, the City awarded apublic works contract to Jagoe-Public Company, in the amount of $1,477,571 for the Middle Road Entrance to the City of Denton ECO-W.E.R.C.S. Facility; WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount, and said change order fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Change Orders No. 2 and 3, increasing the amount of the contract between the City and Jagoe-Public Company, which is on file in the office of the Purchasing Agent, in the amount of Ninety Nine Thousand Five Hundred Seventy-Three and 78/100 ($99,573.78) Dollars, is hereby approved and the expenditure of funds therefore is hereby authorized in accordance with said change order. The total purchase order amount increases to $1,571,294.78. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2018. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALT�RS, CITY SECRETARY � APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY B'Y': City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-621, Version: 1 AGENDA CAPTION Consider adoption of an ordinance directing the publication of Notice of Intention to issue $10,110,000 in principal amount of Certificates of Obligation of the City of Denton for General Government projects; and providing for an effective date. Audit/Finance Committee approves 3-0. City of Denton Page 1 of 1 Printed on 4/13/2018 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 April 17, 2018 SUBJECT Consider adoption of an ordinance directing the publication of Notice of Intention to issue $10,110,000 in principal amount of Certificates of Obligation of the City of Denton for General Government projects; and providing for an effective date. Audit/Finance Committee approves 3-0. BACKGROUND The proposed ordinance provides the Notice of Intention to issue $10,110,000 in principal amount of Certificates of Obligation (COs) for General Government projects, as required by state law. The notice will be published once a week for two consecutive weeks in the Denton Record Chronicle, with the date of the first publication to be at least thirty-one (31) days before the date tentatively set for the passage of the ordinance authorizing the issuance of the bonds. The additional $175,000 is for issuance costs and to allow flexibility in marketing and pricing the bond sale. The Audit/Finance Committee reviewed and recommended approval of the COs on April 10, 2017. Staff recommends the sale of $9,935,000 in COs for General Government projects. Below is a listing of recommended CO funded projects for General Government's FY 2017-18 CIP: Vehicle Replacements/Additions — 2. Airport Westside Runaway Construction — 3. Airport North Taxiway and Existing Runway Repair — 4. Facilities Maintenance Program (HVAC, Roofing & Flooring) — 5. Fire Station #3 Construction — Total — $3,190,000* $3,200,000* $ 360,000* $1,500,000* $1,685,000 $9,935,000 CO funded projects totaling $8,250,000 for General Government were previously authorized through a reimbursement ordinance (Ord. 2017-334). Projects approved through this reimbursement ordinance have been identified above with an asterisk (*). The City sells bonds in accordance with the useful life of the asset that is being acquired. For example, vehicles are typically sold with bonds that will be paid within five years. For the FY 2017-18 proposed debt issuance for General Government: $3,190,000 will be 5 year debt, $1,500,000 will be 10 year debt, and $5,245,000 will be 20 year debt. In addition, the 20 year debt issues will also have a 9 year call option. Concurrently with the sale of the COs for General Government, the City anticipates the sale of approximately $19,750,000 in General Obligation Bonds to fund the fourth year of projects approved by voters in November 2014. If approved by the City Council, staff will proceed with the publication of the Notice of Intention and will schedule the Bond Ordinance for consideration and adoption on May 22, 2018. At that time, it is anticipated that staff will request that the City Council authorize a"parameters sale." Under such an arrangement, staff will be permitted to execute the bond sale within the six (6) months that follow the May 22 adoption date, provided certain interest rate parameters are met. RECOMMENDATION Staff recommends adoption of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On April 10, 2018, the Audit/Finance Committee unanimously approved that the Notice of Intention to issue Certificates of Obligation for General Government, as well as the issuance of General Obligation Bonds associated with the 2014 Bond program, be forwarded to the City Council for consideration and approval. FISCAL INFORMATION The ordinance is for the authorization to publish the Notice of Intention to sell $36,610,000 of Certificates of Obligation for General Government and Solid Waste projects. A notice is only required for the Certificates of Obligation. Concurrently with the sale of the COs for General Government and Solid Waste, the City anticipates the sale of approximately $71,640,000 of COs for Wastewater and Electric projects. There is no statutory requirement to post such a notice for the General Obligation Refunding and Improvement Bonds, which will include the fifth and final year ($4 million) of street reconstruction proj ects approved by voters in November 2012, the third year ($13.16 million) of proj ects approved by voters in November 2014, and the refunding of existing general obligation debt ($12.98 million). 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. Ordinance Respectfully submitted: Antonio Puente, Jr., 349-7283 Director of Finance � � � OIZDINAI�CE NC7. AN ORDINANCE C7IRECTING "T"HE E'L1}3LICA'T'1CJN OF �1C7"t"1GE C7F I:NTF'NTI�N "T'C7 ISSl..1F? $10,110,000 I1�1 PRINGIPAL AtVIOUNT C)F CER"I'IFIC�"I,CS (JI� OI3LIGAT[C►N C7F THE C;17"'Y' C�I; CIENTC7I`J FOR (v;ENERAL GCJVEi2NMEN'T T'ROJECTS; ANL7 PRCJVIDING FOFt AN EFf IaC',T'IVIW DATE WHEREAS, it is deemed �7�c.�;ss4�ry �r��d advisrrbl�; th4��t� �lx� Nc�tice c-�f Interatic7n tc� 1�sG�ie Certifi�;7tes c��f Ol�li�;4��tion b� �iv�ax as I��er•�,in��ft�r providc�d. T"}IE C,OUI�JCIL OI� �C"F-II� �IT'`x' CJF C��,N"I"OP�I t i�;ftELiY (JI�I7AIN5: Se�cti��x L "['h��t at�C�cl7ed here:t� is a fc»�n� �f "NOTICIJ (7� I�tTENTIC7C�1 7'O I�SUE; CER."t'IFIC;ATES OF f,7BLiCrA1"I(7N OF TI�-IE CTTY OF T7EN 1"C7N", the �fc�r��m anci sul7st��ce c�f whicl�� ar�; hercby adc>��ted s�r�c� a�7prov�ci, �»d n�ad� 4� part oftlais (�rciin��a�ce for all p�r��pc�ses. Sc�ctic>rx IL T}7�t t�h� Cit�y Secretary sl�all cr�use said N�(7TICE, ua s��ibstat�tially tl�� fc�rm attt�cl�7ed I��cr�tcr, t�� lae ��i�7lisl�eci c�rrue w� w�;�;k �F�r twc7 conseclztive w�cks ir� a��e�ws�a}�er of �ec�wr��l ci�•culatic7n ii7 the C�ity, wit�ll the ciat� c�f't�he �rst public�atic�i�� t�cr l�� at l�;ast thirty-c�»e (31) cl��y� l�ufcrre, tl��. date ter�rt�atively set for t�he �assE��;�; of tN�� Or�ciirz4rnce autl�arizin�, t�he issuar�ce cr�f suct� C;ea�tific��t�s caf Obli�;atic7a�. 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"I�ht:° C'ity C`�>c�x�cil c�fthc; C;it�� tc;�7ttztiv�l}� �7r'<��>��;e��; tc:r a�itl��a�•iz�; tl�� i4;�;��<�7ru� crf'su�17 C'ertifNc;E�tes ��f'C:)t�li��ti�:rk7 at E� rr�cc�'ti�r�, u�;rrxiri��e�r��irr� at fi;�(��) �.ri�. c�r� 1�k�ze 22�� c�ay r�t�M�ry, 2(l t 8, ir�� tl��: C.."ity Ct<:7t�ir��il rs��i>r77 a'C tl�i� N1t��ni�iE��l 1:3c.iil<li�Y�; (C;ity ll<all), 71S r;. ]'vlcli:irrn�y, f)er7tcm, l"exas, (:;l°l,`r' ( �V�' I�)C;N"[.(��.)N, °f'��;'��; C3}�: ,i��7ru�er 1�. W�ilters, C"ity `�;ecr�t��ry City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-650, Version: 1 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager to surrender to Bloomfield Homes, L.P. that certain irrevocable standby letter of credit dated November 12, 2013, drawn on Texas Capital Bank, N.A. in the amount of $176,143.93 in which Bloomfield Homes, L.P. is the applicant and the City of Denton, Texas is the beneficiary and further partially releasing Bloomfield Homes, L.P. from financial obligations concerning the construction of water and wastewater lines included in that certain letter agreement dated December 29, 2000 by and between the City of Denton and Wynne/Jackson Lakes Development, L.P. as a successor in interest; and providing severability and an effective date. The Public Utilities Board recommended approval (6-0). City of Denton Page 1 of 1 Printed on 4/13/2018 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: CM/ DCM/ ACM: DATE: AGENDA INFORMATION SHEET Utility Administration Mario Canizares, 349-8535 April 17, 2018 SUBJECT Consider adoption of an ordinance authorizing the City Manager to surrender to Bloomfield Homes, L.P. that certain irrevocable standby letter of credit dated November 12, 2013, drawn on Texas Capital Bank, N.A. in the amount of $176,143.93 in which Bloomfield Homes, L.P. is the applicant and the City of Denton, Texas is the beneficiary and further partially releasing Bloomfield Homes, L.P. from financial obligations concerning the construction of water and wastewater lines included in that certain letter agreement dated December 29, 2000 by and between the City of Denton and Wynne/Jackson Lakes Development, L.P. as a successor in interest; and providing severability and an effective date. The Public Utilities Board recommended approval (6-0). BACKGROUND The Country Lakes Development is located in the far southwestern portion of the Denton City limits (see attached Exhibit 2). The development had a somewhat complex development agreement that was the result of the City's litigation settlement for the developer establishing a Freshwater Supply District without obtaining the City of Denton's approval as required by state law. Zoning for the development and provisions for the City to provide water and wastewater service to the development were ultimately resolved in this settlement agreement and the developer sold the project to Wynne/Jackson Lakes Development, L.P. Provisions for water and wastewater service to the development required major construction projects to extend water and wastewater lines to the property that the developer was obligated by the agreement to partially fund. As a part of this agreement the developer was invoiced by the City for their share of the debt service payments for these utility line extensions and during this payment period was obligated to provide the city with an irrevocable letter of credit to insure annual payments were financially guaranteed during the 15 year bond repayment period. In 2013, Wynne/Jackson Lakes Development, L.P. sold the property to two other developers and in their sales contracts obligated the larger portion of the remaining development (Country Lakes North) to Bloomfield Homes, L.P. to fulfill the remainder of the financial obligations to the city during the remainder of the bond funding period from 2013 through 2017. This included release of the irrevocable letter of credit provided by Wynne/Jackson Lake Development, L.P. and the replacement of this financial guarantee by Bloomfield Homes, L.P. (see attached City Council Agenda Information Sheet and Ordinance 2013-347 from December 17, 2013). Bloomfield Homes, L.P. has fulfilled their obligations under the remaining utility bond repayment period and the attached ordinance will surrender to them the irrevocable letter of credit and partially release them from the obligations of the development agreement related to the repayment of the utility bonds. The recommendation and ordinance presented by staff simply addresses the release of the letter of credit that is no longer needed by the city. The city will also release the bond selling costs plus interest to Wynne Jackson Lakes Development in accordance to the letter agreement but will need to resolve possible ownership claims by other parties to these funds with Wynne Jackson Lakes Development since the property ownership has been transferred to other developers including Bloomfield Homes, L.P. The bond selling costs plus interest to be refunded are: - Water $29,873 deposit plus $10,373.80 interest totaling $40,246.80. - Wastewater $73,413 deposit plus $25,493.66 interest totaling $98,906.66 - Total refund amount $139,153.46 OPTIONS 1. Recommend approval of the ordinance and prepared and submitted by staff. 2. Do not recommend approval of the ordinance and provide staff direction. RECOMMENDATION Staff recommends surrender of the irrevocable letter of credit to Bloomfield Homes and partial release from financial obligations concerning the construction of water and wastewater lines associated with the Country Lakes Development. PRIOR ACTION/REVIEW (Council, Boards, Commissions) December 17, 2013 — Ordinance 2013-347 (attached) Apri19, 2018 - The Public Utilities Board recommended approval (6-0). FISCAL INFORMATION Letter of Credit Surrender - $176,143.93. Funding sources: Bloomfield Homes, L.P. Bond Deposit plus interest - $139,153.46 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. Site Map 3. December 17, 2013 City Council Agenda Information Sheet (Ordinance 2013-347) 4. December 29, 2000 Letter Agreement between the City of Denton and Wynne Jackson Lakes Development LP 5. Ordinance Respectfully submitted: Tim Fisher, P.E. 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WI-��`�f;AS, cermt�i�� n�►zci�,�1 c�bli��tic,ns w�°�:�~e i��cr��r�°�c� wit(� rt•es��e�t to �vat�r and �a:��e;w�ter l�t1e irn�rcavc�n�nt� u�hicf7 ��re; �'ily car�sirr.�cteci in �ac;cc��•ci�:rac� with an "Ant�ea;aiicrn t��•eer��t" e��t�r�;d inic� �y �zi�tcl betwe�,ra tl�e C�ty a��d Vi�il�t C'��c��;c°t�c,s A:�sc�c��tc, L.l'. c�n i��; 4cn c.�i�y c�f �.��;ust, 1�99, e�laicl~� �r�nexatic�n :'��reex��e;-��tt w�s �ac�c;�,�te;ci ��u1~sc��r�t tc� �t c�::�t�ir� "C;carr�prorr►is� �ett��,rt�c��t ��e��nt a.ncl I2�;lea�c c�f` AII Cl��ir��s" �"t�"az�prc�rn�se") ente;red �ntc> b�✓ a��c� ��etwe�ra th�; City c�t' ��c�►�ic�n, °l"��as az�c� l��r�ta�r� C`c�utrty F-0r��E� Wat�c� �;�a��ly Y7istrrc.t Nc�s. �-/�, �an� S a.nci Violet �rc��ae��kies Asscrci�t�,s, I..,I'. �lsc� e;xuc�Xt�;c� c�� thc, 4e°, c�ay a�' �u�ust, 1�799; �f�ic,h C.,or�r��arr�n�tis�, seti�ed �a�rxdin�; liti�;atic»� e��titl�� C"�ty c�f 1:7ent;c,za, ".i"�as�s v. I�entcr�� C"��t�r�ty �i'r�sl� Water �� . I C�)ist.r`rc�t.�,t�€a. 1.11 ��r�c{ C7�t�t_c�r� C",c�urtty Fµ��esl� 'v��t�r �u s l I��stcict I�1c�. S ar�ci Vicaiet I'rot��rt�� soc�at�., i�.�'., C°aoa;� 1�Jr�, r)4)-4f�1 S�-��2, ir� %I�� 3�2" Juciiciat �istrict Ccwug•t i� ��d f`or I7��tc�n Cc�ur�ty, i'exas; a�acl WI-II��ZEAS, ii� t.kx� Ac7ne;xat�c�n A�;rcenlent r�;��etac�;cl ��acsve, t��cre ��s a rec�uir�r�r�� that t��e recc�rc� c�wncr anci ��y suc�ces:�c�r° r.�w��c,r prc�w�ic��, tl��: C',ity �rith ��c��rity re�arclirr�; t:i�� re�aay��aent a�' khc c��l�t iz�curr�.d l�y tl�� C�it�� tc� cr�nstruc;t ;�ra�17 e�✓�i:e�� ax�d wast�v�a�t��• i�z�a�are�ve��►e��:tss ��c� sar"cl �h�;rGe:7n�nt �arc�vndcd tl�c�t �l�c7t�7cve,�• w��; tf�c; c�wncr c�sl'r�e;ccarc� crftk�e l�nd �c�c�lci �are�viel� tt�e.: C;it:y, �s ��rrwth��• sec.��rity, a let�t�r ca�t cr�dit it7 the� ��c�rax�t ��i` ��1i�,143.�3; �r�c� W�-��'I�.F��, l�t�r crr� �:�ec��r��l�e;�• 2�, 2CJC1U, t.h�, City c�I.' I�)er�t�a7� a�7d �dynra�lJGick.sc7n i:.�k.es C�evelc�p�net�t, I�.,.l'. (" Wy��:r��;fJacicsc�n") c;��t�,rec� intcr � letter ��;x�c �i�nent ("I.,�,tt�,r A�re��nt") �-e�;�rdir��; t�� cc>st c.�(` thu �aal:er anci �°a�tew�te;r g�cvr;nue bo��r� c��t vvl�ich r�as inc:irrred lay the C:�ty; �n sr��cl� a�r��;��c�nt; a��c� it� 15�i�-therance, ti�er�:c�{, Wyn�ae;/:lacl��r�� ac�sieci a l�t:ic;r r f` cre,c�i� vcailh tfl�e C;i:ty, c,r.�r�t•�.�rt�y rr� c�'f�;ct, c�ra thc 1�` ci�y af'()c;tc�l�cr�, 2f)(1�-) (tl��, "2()f�� I�,(()C;"'}� attc� WE{�:;��:E.afi�S, ther�aft�r, r�� th�, 7`n c��y c�f' ►�on�,, 2�1C), 1�y��anc;/Jacl�sca�a car�ve�y�c� tl�e �f(ected �•e��lty ica L��Z.:[' C;c��nt�•�� I..,�lc�,s, [��I.�C; ("I7C�.�'"}, �� s�rccc°ssc7t• rc;��] ��•c�p�;rty crwn�;r� a�� th�rea�'te1�, c�n tl�e; 29cr, ciay c�#` A��,ist, ?()13, i�)�2.I' ccan�Fcyed th� ��if�ctccl c-e��1ty tc� th� �res�x�t c�wr�cr rrf �•�c<�rc�, �Ic7c�s�t�f r�,lc� 1-{c�rr�c;�, �:f.�'.("�:31c�c7rr�ri`i�lc�"); ��r�ci W�-�f;RF;�4S, I7T��' ��4as r�c��e;st�ci t4�rat it bc� �llc�w�ci tc� rec��ver tihe; l�.tic�r c74'c,x°�:dit c,ur�~r;��t1y ��.lt� by �€he (�i�t�y> ��tci C;I�aL�t it be �•�l��.seci ��z•c�r�r�� f'��•k�l��c,�• �f"ir��nci��l ii�k�ility u��;��r. the �.�r��.��i�n �O�;z•e�rrae��t £ax�c� �l�c; [.,�:�tc:r t��;r•c:.�n�eni; �;t��9' has �ncfic�xtc;c� �c� I7iii' th�t it �s nc��;ss�ry �a��d a��rc��~iat� fc�z- tl�c ��ew ��c��- c�f' r�cc�c�rc� tc� �Sr�st su�a�titut�, cc�li�t�:�•<rl ir� tF��. f<�i°ir� c�f' ��ett�;r c�f crec�it i�� tls� �rnc�r.�ixt c�,t` �li�i,l46.�� w�tlr tl�e; C;ity faefc�t°e; ih�, C.'itiy re;lc;as�� I��ZI'; St�ff kaas �a�Zt��i�ed such l�:,t��.�• ca1' creciit frc��t� I3ic�c��s�f�elr�, ��r7d �-e.c;c�tnrn��c�� tc� kl��, C,csu��il th�t it sc�r1•�t�rdcr the Ie�t�r c�f'crcc�ii tc� I�I�_I', rcic;�:�e T�S�T' f:r•c�� tin��nci�fl liat�ility �,rrac��LL tl�e fi,nn�;�.atirrn l��re�rnent an� tl�se I_,ett�,r� �,��•eer�ent, ax�r� accept th� 1�c,w 1�.tter c�i� �zc�c�it f"rcr��c� 131c�crrx�fie�d �n t17e �mc��rr�t caf. ��.7(a,14:3,�.�3; fi�1C��V "l"E1�;�2�:aI"C)I� "t"�1� C;f:)[7�JC"IL C7f; Pl"HI:, C;�'I'Y C)1:' I��:1�]"["C)�1, T�X�� EIF:',I�.1;f�i' C�RI�AI�1�: `�1 �C'r[`�(Ji� 1. "C`��e p�~u��E�lc� stated h�;re��s��k�c7ve is 6��;re;��y i�cuzw�c�r�t�c� g��taa this +:7rdit7��tc�. �I�,�"I"GC)�d _2. I"h�. �.itiy 1'�1�n��;eg cr�• ��is r�es��;nee is �7�;re�r}d autl�tc�rir�;;r� �c� s��rrend�r the f7ctr�ber 1, 2UQ�) letter af �rec�it �ac�stc,ci f�y Wyn��e/Ja��sc�n tc� I��.�� C`'c�runtz•y I:,ak.e,s, I_,LC; �r�d zs �`uc�he�° authc�a•irc�c� t�� a�ce�at t:he `� I i17, i 4�.43 lett�� c�f cre;c�it f'rc�rr� I31c�c��r�i"re:l� 1-�c�n�es, �,.�", as f`urtl��r sec��rity f`car rcpa}�z��r�t ��°tf��. v�ztst��c1r�7�; ir��e%t�;c�r�ra;ss c�wr�� tc� t4�e (:;i�y� �r�c� the; C`r��ncil ��rt��r�ri:ccs tl�e g•c;,l�;�se c�(` l��:l' fec�n� �a�y t'u��l�er �irta:��cial �ia�i�lity Gincfet� tl�c �nne��tic�n .��r�ernca�t� �¢��1 tt�e Lc;tt�r,h��-eer��,r�t. S�;C�1'IC1�Y 3. r['hi� c��•cliizance s��1 fae;cc�n�e ef"�'�ctive i��rts��:c�iatcly �a��c�n its �as�a�� d a�a�arc�v�1, k'ASSE�6::� ANL7� Af'�'�Z.C)VI:C� this t;he; _.... __._._ ��ay c>1' �1�'"T"�:-0,�"[": JFs��II�i�,J� �L?�I i'i;It�, C;I�I"Y �l;C �1;'I'A�Y � �I'E'R(7V�;iJ ,��i "I"tJ I_�ij,C��IC� }#C)IZ�`r�1: A�SI'1",A F3I1�i.C��, C',I:"I'Y e4,r..1"C)IZ.NE;�' /�t�,� � %} ��M�--�`�ii �°�....�.% �� :�� ____._.._.___.._.___._._._.__._._._______._._._.__ �.v.._.._____ pa�,� � � �A�]]� A. F3UiZ.�C)[�C�}-i�, 3V1AYC)��. a� ;��, ua� .� � ��,� N�� y VV�"",�7��1� �A17'I�..iTJ�.� ��r-� `r�:��s ��,�c x��&,�, �r��c �r,��c�� s�� a�-�=�sz r;��: ��4�� a�-�r��4 L�ec��nb�r ��, 2C1(34 . Ili �� . ' �I� a► iw • � . . � :f�.�: Cc�s� Shar� �a��V'�rnn+�l J�c;ks�n La�es J:��v�Pc��m��i �.�,�' Cc�n�tr�a�tiora c�f th� �Ii�;hway 3�7 �iat�r �"r�n�rnissican �.��.� at�c� th� �rr��v�yarci �3rax�cta l�ai�a�c��tc�r Sew��` �.,ir�c; �r � +� . • , . . s w . +� . . +► �, �; ,� ,� � , ♦ s • � � � ; . +� r • . ` • • +► . +� , ; � , . � n • . ,. s. +� . r♦ M -+ s „ . . ~ �r i. "I`�e tcria.l cca�� z�f tt�� rVyx�zteiJ�ckscan �.�k�s ��v�ic��m�nt ��' �vva,st�wat+�r lin� s��ail be ��,�47��$. , , " ,► i +� . - • . M - ► ; s � , s� . • s r • * . "� s • , �r . �. `�t�c �ar��s �a�,re;� t�a,t � r�Ic�.s� �f"t�cat rr�c�t��; th�.z� tc��nty fiv� Ic�is (c��,�t c��`"I'he t�c�r��t�y Lak�s �'r€�j�ect i�t th� l�c;r�tc�n t��ty T irr7iis� f��- bczi�di�� pe �ts wi�l b� ��%ct�c� Er� ihe C;ity h�r��a�tt� w�er� s�i�� Ic�t� a�� cr��pi�t� ��at ��f�re fin�l �c�c:,�ta.nc� caf�,�� h�se I�rt�p�-c�v�m�n�s k�y ii;��r�te�c� (tl�e "��.�rly ��l�a.s� L�ts'�), pr��ri�cd �acrv�r�v�r, t:�a� th� F��-� ��rsh;�li c�f%�e�� is s�ti��i�c� �aith t,�� cs��c�rary fire ��-��ctic�ra a�c� �au�tic s�C�ty prc��s�ca��. I*3c� c�;rti�sc;at�s af, cac��c��a��ey ��vill b� i�su�c� c�� t��s� �:�r�y �.��,se � c�is uz�til �"x��al �rc�j�ct <�ce��t�.nce caft�� I'�a�� I impre��t��et�ts, . , . , , . . • � +� r . r �r � � .� � � � • ^� ` r . +► �r . � . r +r s �r . • . , • , �� M : �� f . . M W # ,. i i� � ,� � � � � � � �r �"E � � �, * . ~ . . a . a► . . � ,� +� r♦, . s , .� •' � s +► . s . +� • • � �r +► , • � • , t. . , . . . s . �r ,� r r� +r . . , ,. • r� � . 9. �I� �th�r t�rrt�s an� ca�nditic�ns in t��:� ��r�em�nt r�c�t am��d�� by thi� l�tter a,�r��m��t sh�l r�:��,i� in fiuli f'cax�ce �.nd �f�'�ct. ?�1�ai��an� h�rein c�rrt��ic��c� shali �a� de;��t��c� t�a v^�a�v� car rel�as� �� ;��t ar c�bli�ai��n crf"I�er�t�an ar 7�cksr�n und+�r tt�e t1��•�er��nt,, unl�s� �;�pressiy s�t f`c�rt� ir� ti�is Iett�er a��eer��r�t. Ifyrau h�vr� ��y c��a�stir�ns r��rdir��; this l�tit��- anci/'c��° th� �rcaje�t., Yc�z� rx�t�,y r�%"c�LL it��r�� ta .lzn� �c��a�t��, �ire�:t�ar c�f 1'�ater �r�d "4W�st�wat�r tJtiliti�:; whc� ��y }a� re�c��ed at ��4t�� 34��_? l�4; ca� tr� iica�Y��s�ci �vl�rtin, r�ssg�t�nt ��`ity M�rga��r/LJti��ti�s ��a1xr� rr��.� ��e rea�i��c� at (�4�� 34�7-�4�(), if a � � �+ � � . � ' +! �" �► "� �" �Q �N�k-I �11tA�E�' T�t�i�d�M� a�It�iC�! L�%l'� � �07,�i17 � 477,744 � ��,�7� �, . � a7,94d.t�� ,� 4�1,9�4.09 � 47,9�4�.09 � 47,��C3� $ �?."�44.0�3 �} ��yJ°+"'�C.V:J � 47,'�4�.09 g, 4 ��d.�i9 $ 47,9�4.fl9 �, 47o�A�4.f�9 � �7,��4.t19 $ �7,�44.0� � 4�,�4�.U� $ �7.��i4.Q� �, ��ql��C3.00 � iif,2'17.�6 ,, ,� +�_ � # ' ��unc4 or� �ccur�cat�t.�d E3+�rr� C��crsit �r� �ts E�lu� lnter��t �`�rning� �t C��r�torr's ��t� (5.7�%�) �"c�tal i=i��rrdlCrc��iit C�� (�stim�t�} �,�fund p�°r �r�r�tract "ts �2.�,E37:� k��s�r� c�ra tc�t�i bc�nc� r�e�aa�it prinr<ip�9 w/c� ip�t�r��t "�?'? �.�. __._y.__� .. � .�..._.:. . ___.:� 0 i._._� �.._.__.� s � � _ .. .. _ ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO SURRENDER TO BLOOMFIELD HOMES, L.P. THAT CERTAIN IRREVOCABLE STANDBY LETTER OF CREDIT DATED NOVEMBER 12, 2013, DR.AWN �N TEXAS CAPITAL BANK, N.A. IN THE AMOUNT OF $176,143.93 IN WHICH BLOOMFIELD HOMES, L.P. IS THE APPLICANT AND THE CITY OF DENTON, TEXAS IS THE BENEFICIARY AND FURTHER PARTIALLY RELEASING BLOOMFIELD HOMES, L.P. FROM FINANCIAL OBLIGATIONS CONCERNING THE CONSTRUCTION OF THE WATER AND WASTEWATER LINES INCLUDED IN THAT CERTAIN LETTER AGREEMENT DATED DECEMBER 29, 2000 BY AND BETWEEN THE CITY OF DENTON AND WYNNE/JACKSON LAKES DEVELOPMENT, L.P. AS A SUCCESSOR IN INTEREST; AND i'ROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, financial obligations were incurred with respect to water and wastewater line improvements which the City constructed within the Country Lakes Subdivision in accordance with that certain Annexation Agreement ("Agreement") entered into by and between the City and Violet Properties Associates, L.P. on the 4�' day of August, 1999, which Annexation Agreement was executed pursuant to a certain "Compromise Settlement Agreement and Release of All claims" ("Compromise") entered into by and between the City of Denton, Texas and Denton County Fresh Water Supply District Nos. 1-A and 5 and Violet Properties Associates, LP., executed the same day, which settled pending litigation entitled Ciry of Denton, Texas v. Denton County Fresh Water Supply District No. IA and Denton County Fresh Water Supply District No. 5, and Violet Properties Associate, L.P., Cause No. 99-40158-362, in the 362"d Judicial District Court in and for Denton County, Texas; and WHEREAS, by a letter agreement dated December 29, 2000 between the City of Denton and Wynne/Jackson Lakes Development, L.P. ("Wynne/Jackson") ("Letter Agreement"), a successor in interest of the property subject of the Agreement, Wynne/Jackson posted a letter of credit with the City on October 1, 2009 in consideration of the cost of the water and wastewater revenue bond debt incurred by the City for the water and wastewater line construction, which said letter of credit was released upon conveyance by Wynne/Jackson of the property subject of the Agreement to DRP Country Lakes, LLC who then became the successor in interest and assignee of the Agreement on or about June 7, 2010; and WHEREAS, the property subject of the Agreement was then conveyed to Bloomfield Homes, L.P. ("Bloomfield") on or about August 29, 2013, who then became the successor in interest and assignee of the Agreement; and WHEREAS, in compliance with the Agreement as amended by the Letter Agreement, Bloomfield provided security regarding the repayment of the debt incurred by the City to construct the water and wastewater improvements, by providing an Irrevocable Letter of Credit No. LC 1408, which was issued by Texas Capital Bank, N.A. in the amount of $176,146.93 for the benefit of the City of Denton on November 12, 2013, and which was accepted by the City via Ordinance 2013-347; and W�Z��,��5, in �rax�7��9ia7�cc, wrtl� t1�� A�;r��Y��zt �� anz�rlcl�.c� lr�x tl�� te�� ,�°��;n-�er�C� Bloai��C'i�lc� ��s ca�1�� .�yQ71�i�ts tc� l�� ra�acC� in tk�� c��k�i caf �ivisi� ��r�it F�c��ai�val�r�t ��»•cl�G��;es azacl `�'�'�t�r0��stetvax�r� Ir��a�ct �'e�� c�i�r il�� p�-c��-ty ��t�,p�ct c�i'tlle A�;i•��t sinc� A�.��;�a�t ��3, 2�1i; �r�d W'�-��;��.AS, l}�� wakei- �a�cC wa�i�wL��r r�:v��i� f�c��cl �liat�.ii•ity ��c;a.zri•ed c�z� ar� �l�c��Gt .T��z��.a��y 17, 2[117, a�� loo��it�c;lc� 9�as r�c��l�sic��i tl�a� i� �e ti�llc�w�ccl tc� �ecc�vc;t• tl�e l�tte�- ��'��-�;c�it c��e��tly �z�lcC ��+�� t6�� C%iy; a:��ci '�hJI-IC11�.E.�,S, �Ix� C°ity Cc��a��il 1"i�7c1s t��at T�lc�c��ii�l�l �l�r�i�lcl b�; ��llc�wv�c� tc� r-cc��x€;�• t:��e 1ett�r csf crccl�t �;t��re�ztly l�elc� l�y tiie �Cit:y, ai�cl i�� B1ca��a�C�1�� l�c��ld t7� t��7•ti��ly releasc�c� E'rc�i�� l�rt➢7c�� a��ci��l ➢ir�t�ilit� t��cl�i• tl�c� r'��i��xt�ta��il ��c��c�t �1��c� Lctica° ��c�c-1r�7e17� �xc��at fc�r tl�c; �.rr;az��:rnctzt c�ncc�t•��ii�� a�yl��t ��f`tl��; t�avir7b U�lit �.;c��iiv�I�;rnt Sr.�r�l�Glr�� d �r"��tc��('��ist�w��tiWl- Iit��i ��`c��s; I�1t��' "i"I��;��'(�I�� TI-�� C'C7l.�I�`�CIL C��µ �g"��IJ�a �;I�I``�'' �F 1��"T*ITC71`� I-II�i�I�I�Y 4.��Z1�►;�,I1`�'�: ��TI�I'�i 1. "I"6�e ��r�ai�t�]e :�i��tc��lly�rei��l�c7v� is E��.reby i��cc��~�acyi°<itecl ��t� tl��;� ��•c�i��t�c;�. a��'�"I+�fi� �. 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C�-�1�I5 �'.^.TfiS, �`��Y(��. t�.'��'�S"1": J��CI�IiT°1-�R V�TALT�RS, CIT'�' S��'T��"l�,�RY I: �1'I'1�C)V�I� r^+.� T�7 I.,F�i.�L I'{J�Z.�: .�.��i:�l'� �sCAL, CI�T"�' �l"T�"I'C7R]"�� BY': City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� File #: ID 18-671, Version: 1 Legislation Text AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas approving a City sponsorship in an amount not to exceed $355 of in-kind services and resources for the Freedom Town 2.0 Reloaded: Movie in Fred Moore Park, on Friday, May 4, 2018, at Fred Moore Park; and providing an effective date. City of Denton Page 1 of 1 Printed on 4/13/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton _ . City Ha11 �� 5 215 E. McKinney St. tiY �"� �� " Denton, Texas 76201 www. cityo fdenton. com DEPARTMENT: DCM: DATE: AGENDA INFORMATION SHEET Parks and Recreation Bryan Langley April 17, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving a City sponsorship in an amount not to exceed $355 of in-kind services and resources for the Freedom Town 2.0 Reloaded: Movie in Fred Moore Park, on Friday, May 4, 2018, at Fred Moore Park; and providing an effective date. BACKGROUND Freedom Town 2.0 Reloaded: Movie in Fred Moore Park, is an event organized by the LTNT Department of Media Arts that will showcase the screening of the documentary Freedom Town 2.0 at Fred Moore Park, located at 500 S. Bradshaw St. on Friday, May 4, from 4 to 10 p.m. In addition to the screening, this free public event will include activities and free food. Event organizers anticipate 200 in attendance. The LTNT Department of Media Arts is requesting the City of Denton participate as a co-sponsor by refunding, then waiving the $325 park rental fee and the $30 special event application fee paid on Feb. 9, 2018. In exchange, the City of Denton will be recognized as a co-sponsor on all digital materials publicizing the event, in addition to a mention on the night of the event. RECOMMENDATION This is a first-time request, therefore no recommendation has been established. PRIOR ACTION/REVIEW N/A FISCAL INFORMATION If approved, the City will provide a refund in the amount of $355 in exchange for waiving the $325 park rental fee and the $30 special event application fee A provision added to the Sponsorship Agreement alerts event organizers of their responsibility for damages caused to City property, beyond normal wear and tear, during the hosting of their events. This necessity results from the significant damages caused to Quakertown Park in 2015 and the substantial costs associated with remediation. The Parks Department has notified special event organizers of the liability provision, and it is now included in all sponsorship agreements. The Legal Department has advised Parks and Recreation that only City Council has the authority to gift City resources. All sponsorships where City facilities or services are requested for free or at a reduced rate require City Council approval. 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, Liveable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area Related Goal: EXHIBITS Safe, Liveable & Family-Friendly Community 4.4 Provide outstanding leisure, cultural, and educational opportunities Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Letter of Request Respectfully submitted: Gary Packan Director Prepared by: Janie McLeod Community Events Coordinator Exhibit 2 ORDINANCE NO. CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A CITY SPONSORSHIP 1N AN AMOUNT NOT TO EXCEED $355 OF 1N- KIND SERVICES AND RESOURCES FOR THE FREEDOM TOWN 2.0 RELOADED: MOVIE IN FRED MOORE PARK, ON FRIDAY, MAY 4, 2018, AT FRED MOORE PARK; AND PROVIDING AN EFFECTNE DATE. WHEREAS, the LTNT Department of Media Arts is requesting the City of Denton to participate as a sponsor for in-kind services and resources for the Freedom Town 2.0 Reloaded: Movie in Fred Moore Park, held in Fred Moore Park on May 4, 2018; and WHEREAS, in exchange for the said support the City of Denton was considered to be an event sponsor of the said event at a sponsorship level equal to the value of the in-kind service tendered; and WHEREAS, the City Council finds that it is in the public interest and benefit to the citizens of the City of Denton to participate as a sponsor at a level not to exceed $355 of in- kind services and resources for the event to be held in Fred Moore Park May 4, 2018; NOW, THEREF ORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION l. The City Council finds that it is in the public interest and benefit to the citizens of the City of Denton to participate as a sponsor at a level not to exceed $355 of in-kind services and resources for waiving park rental fees for the event, and the said participation is hereby approved. SECTION 2. This ordinance shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2018. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY :• APPROVED AS TO LEGAL F ORM: AARON LEAL, CITY ATTORNEY :• Exhibit 3 �i � iiii��ii I iiiA�llliiiii �'�� ii iii� �ii iii�, I��R� , '� ��C�� I�I �° III',�;� III�,;;;° IIG°�� Ilf �� ""III"" III� Ilf,;;;° II� ""III"" �� Ilf °�° III� III�,;;;° III',�;� III Ilf �� ""III"" ��;,,� C:� � II II �::� �::� �::;� � fi II...... li II�: � er iir �:� II � iir �,&�:� �.� ir� s� ,&::� s� � li �:� II �� . li �::;� ir� �::: �::� Q� Janie McLeod, Community Events Coordinator City of Denton 601 E. Hickory, Suite B Denton, TX 76205 Phone (940) 349-8272 April 12t", 2018 Dear Ms. Janie McCleod, I am coordinating a family friendly community event titled, Freedman Town 2.0 Reloaded: Movie in Fred Moore Park. This outdoor event is sponsored by the Department of Media Arts at the University of North Texas. The event includes an outdoor screening of the student produced documentary, Freedman Town 2.0, which celebrates the history of Denton's black community. The event also includes dinner, crafts, and a digital scavenger hunt in the park in which the 15t place winner receives a free iPad. All food and activities are free and open to the public and is a way for the community to come together for something positive. This event is scheduled for Friday, May 4th, 2018. The food and digital scavenger hunt will begin at 7pm followed by the screening at 8pm. We are requesting an in-kind donation in the form of a fee waiver and refund for the park rental fees totaling the $325 paid by the Department of Media Arts on February 9th, 2018 along with a waiver for the $30 special event application fee. This fee waiver will allow us to reallocate these funds so that we can keep all activities and food affiliated with this event free and open to the community. In exchange for a fee waiver, the event will list the City of Denton as a co-sponsor on all digital materials publicizing this event along with a mention the night of the event. If you have any questions or need additional information regarding this event, pleased don't hesitate to contact me. Bes egards, �� Carla LynDaleZarter University of North Texas Department of Media Arts ��u��.��u��u��uir��.�e��u ....................................................................................................................................... 940-369-8952 (office) 216-767-3338 (cell) �..Dll�' Q�C�.:�, bQ"�"�' �.:�Q" 1f�C.�a�:�°�..:� ,..�..�.;?��a:��,� 1155 Union Circle #310589 Denton, Texas 76203-5017 940565.2537 940369.7838 fax ww�v.mediaarts.unt.edu City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-618, Version: 1 AGENDA CAPTION Consider approval of a resolution incorporating a City of Denton Employee Ethics Policy, Reference number 10.00, within the City of Denton Personnel Policies and Procedures; repealing the City's Nepotism and Outside Employment policies, Reference number 102.08 and 108.09, of City of Denton's current policies and procedures; and providing an effective date. City of Denton Page 1 of 1 Printed on 4/13/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton _ . City Ha11 �� 5 215 E. McKinney Street tiY �� " Denton, Texas www. cityo fdenton. com DEPARTMENT: AGENDA INFORMATION SHEET Procurement/Compliance CM/ DCM/ ACM: Todd Hileman DATE: April 17, 2018 SUBJECT Consider approval of a resolution incorporating a City of Denton Employee Ethics Policy, Reference number 10.00, within the City of Denton Personnel Policies and Procedures; repealing the City's Nepotism and Outside Employment policies, Reference number 102.08 and 108.09, of City of Denton's current policies and procedures; and providing an effective date. BACKGROUND A Charter Election was held on November 7, 2017 for the purpose of submitting to voters five propositions for amendments to the Denton City Charter. Proposition D approved the adoption of an ethics ordinance by the City Council. The City Council hired outside attorney Alan Bojorquez on November 14, 2017 to facilitate the development of the ethics ordinance. Council has worked through five sessions with Mr. Bojorquez to draft the ordinance that, when adopted, will apply to City Officials, department heads appointed by Council, and vendors. In an effort to hold all City employees to the same ethical standards as City Officials, staff has drafted a separate ethics policy to reinforce our commitment to ethical behavior. The City's existing personnel policies and procurement manual have collectively served as a code of conduct for all City employees. While these policies address many issues related to ethical behavior, they have gaps which the drafted ethics policy aims to fill. The ethics policy also serves as a resource for employees, setting expectations and helping to ensure employees are performing their duties in a manner that will protect them as well as enhance the credibility of the organization. The ethics policy will cover the following: • Conflicts of interest, including disclosure and recusal o A conflict of interest is a situation in which personal and/or financial considerations have the potential to influence or compromise professional judgment or actions. In order to manage the associated risks, real or perceived, it is the City's policy to address conflicts of interest through disclosure and recusal. o To ensure the procurement process operates in a fair and equitable manner, employees involved in a formal solicitation must submit a disclosure form before any solicitation material will be shared with them. If a conflict of interest is identified, the employee will be recused from any decision-making, influence, or solicitations that involve the vendor or individual(s) identified in the conflict. • Nepotism o In a department comprised of more than one operational division, an applicant related within the third degree of marriage or blood to a City employee employed in that operational division will not be eligible for employment within the same division. • Gifts, meals, and events o Employees shall neither solicit nor accept gifts, meals, or entertainment offered from an individual, business, or organization due to their position with the City. o Examples of prohibited gifts, meals, and events include: ■ Meals provided by vendors; ■ Attending hospitality events sponsored by vendors in connection with a conference; ■ Cash and gift cards; ■ Tickets for entertainment; and ■ Raffle items at conferences. o Exceptions include: Meals included as part of a community event where attendance by the employee is required as part of their essential duties (e.g., National Night Out); Transportation, registration, meals, or lodging provided due to a speech or service the employee rendered at the event; Items included in event registration and available to all attendees (e.g., conference "swag bags"). • Serving on boards and commissions o Employees serving as members of boards, commissions, or associations that have business with the City through contract or financial support will require disclosure and approval to a�oid appearance of fa�oritism, impropriety, and/or conflicts of interest. • Confidential information o An employee shall not intentionally, knowingly, or recklessly disclose any confidential information gained by their position concerning the property, operations, policies or affairs of the City. • Secondary employment o It is the intention of the policy to protect the employee and the City from unintended consequences, including conflicts of interest, from secondary employment. Prior to engaging in secondary employment, whether as an employee at another organization, independent contractor, or self-employed, an employee must request prior approval through their immediate supervisor and department head. • Use of City resources o An employee shall not use, request, or permit the use of City facilities, personnel, equipment, supplies, or time for private purposes while on City duty. • Use of social media o Employees should be mindful that social media and internet postings, even when done off duty, may cause unintended reactions from the public or consequences to the City and its officials and employees. Employees must take great care to make it clear that their personal opinions are their own and do not represent the official position of the City. • Political activity o Employees may not engage in political activity while on duty. Employees shall not engage in any conduct in relation to a political campaign which would have the effect of limiting the efficiency of City employees, interfering with or disrupting City operations or functions, impairing harmony, or which prevents successful service with employees' superiors. • Actions of others o An employee shall not intentionally or knowingly assist or induce, or attempt to assist or induce, any person to violate any provision in this Ethics policy. An employee shall not violate the provisions of the policy through the acts of another. • Reporting unethical conduct o If an employee witnesses or has knowledge that inappropriate, unlawful, or unethical conduct has occurred, they have a duty to report the actions or behavior through the appropriate channels. Every effort has been made to mirror Council's ethics ordinance, where applicable. Other methods used to draft the employee ethics policy were government best practices and a sampling of other municipal ethics policies. As staff continues to refine and implement the ethics policy, modifications may be brought back to Council for consideration at a future date. Staff is conducting a comprehensive review of all personnel policies and the procurement manual. These will be brought back to Council for consideration at a future date. Below is a matrix showing the main sections covered in the ethics ordinance and the employee ethics policy: Ordinance Policv Appiicability City Officials, Former City City Employees Officials, Vendors, Complainant(s) Conflicts of Interest Business entity, Financial, Business entity, Financial, Relatives, Pending matter Relatives Cash, cash equivalents, Cash, extension of credit, property, merchandise, food baskets/trays, Gift Definition services, meals, entertainment, meals, transportation, lodging, travel entertainment, use of facilities or property, discounts Gift Value (per year) <$50 per gift, <$200 multiple gifts No gifts, limited exceptions Gift acceptance Donation Donation and disclosure Outside Empioyment Included Included Misuse of Information Included Included Improper Infiuence Included Included Abuse of Resources Included Included Training Included Included Politicai Activity Not applicable Included Abuse of Position Nepotism Sociai Media Representation of Others Duty to report Compiaints Board of Ethics Included Included Not included Included Included Included Included Included in separate policies Included Included Included Included Included Not Included PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 14, 2017- City Council directed staff to hire attorney Alan Bojorquez. December 2017 to February 2018 - Five meetings with attorney Alan Bojorquez were held to draft the ethics ordinance. A work session report and policy draft were presented at the April 10, 2018 Council meeting. RECOMMENDATION Staff recommends approval of a resolution incorporating a City of Denton Employee Ethics Policy, Reference number 10.00, within the City of Denton Personnel Policies and Procedures. 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 1.2 Develop a high-performance work force Exhibit 1- Agenda Information Sheet Exhibit 2 - Ethics policy Exhibit 3 - Presentation Exhibit 4 - Resolution Respectfully submitted: Cassey Ogden Director of Procurement & Compliance CITY OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE PAGE 1 OF 14 SECTION: Human Resources REFERENCE NUMBER: 10.00 SUBJECT: Et�11CS INITIAL EFFECTIVE DATE: TITLE: Et�11CS LAST REVISION DATE: POLICY STATEMENT Public service is a public trust of which all City employees are stewards. It is essential that the public has confidence in those who act on their behalf in government. It is the City's policy to promote, uphold, and demand the highest standards of ethical beha�ior from all employees. The purpose of this policy is to set ethical expectations and guidelines, foster an environment of integrity and impartiality, and thereby enhance the City's ability to function effectively. By promoting the City's values, and prohibiting conduct incompatible with the best interest of the organization and public, risks are minimized and public trust is strengthened. Each City employee must strive to adhere to the technical compliance and principles set forth in this policy. It is not the purpose of this policy to provide a mechanism to defame, harass, or abuse employees, or to exploit personal grudges. This policy is not all-inclusive. It is supplemental to all applicable City policies, ordinances, and State/Federal laws and regulations. Employees are expected to use reasonable judgement for decisions that are not outlined in this or other City policies. Other policies may be referenced for more detailed information. ADMINISTRATIVE PROCEDURES L Conflicts of Interest A conflict of interest is a situation in which personal, and/or financial, considerations have the potential to influence or compromise professional judgment or actions. Conflicts of interest are challenging organizational concerns because they are subject to sensitivities based on perception. In order to manage the associated risks, real or perceived, it is the City's policy to address conflicts of interest through disclosure and recusal. A. General Rules Employees shall be proactive and transparent with any relationships that are a potential conflict of interest. Employees shall avoid actions or conduct that they know, or should know, is likely to impact the personal or financial interests of: The employee; The employee's spouse, child, parent, or member of the household; An outside client or secondary employer of the employee; HR/POLICY/10.00 APPROVBD BY: (RESOLUTION #) PAGE 2 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics REFERENCE NUMBER: 10.00 • A client or employer of the employee's spouse, child, parent, or member of the household; • An entity for which the employee serves as an officer, director, or policy maker; • A board or committee to which the employee is appointed; or a person or entity with whom the employee or their spouse solicited, received, or accepted an offer of employment or business opportunity within the past twelve (12) months. B. Disclosure and Recusal Employees shall proactively report by submitting a disclosure form for any relationship that presents a potential conflict of interest as soon as they are aware of the conflict. Employees involved in a purchase or solicitation must submit the required disclosure forms before any solicitation material will be shared with them. The disclosure forms will be reviewed by Purchasing, Compliance, and Legal to determine if a conflict exists. If a conflict is identified, the employee will be recused from any decision-making, influence, or solicitations that involve the vendor or individual(s) identified in the conflict. C. Training Employees shall complete annual training regarding this policy. IL Private Interests • Employees shall not use their position with the City to receive special treatment for themselves or anyone else; • Employees shall not use their position with the City to unfairly hurt the private interests of another; • Employees shall not represent a private interest before the City for compensation; • Employees shall not present private interests to Council, boards, or committees that conflicts with duties, assignments, or projects for which they are involved and/or have decision making authority; • Employees shall not assert or imply they have the ability to influence City action on any basis other than the merits; and • Decisions on behalf of the City shall be made on the merits of the issue, not on any personal considerations. IIL Nepotism In order to prevent conflicts of interest, to a�oid accusations and perceptions of biased conduct, and to maintain the confidentiality of restricted information, employment of certain related persons by the City, or within designated City departments, is not allowed. The provisions of this policy apply to persons from outside the City worl�orce who are applying for employment, or re-employment, with the City, as well as those employees applying for or transferring to other positions within the City. No person sha]1 be appointed to an office, or be employed by the City of Denton, who is related to any member HR/POLICY/10.00 PAGE 3 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics REFERENCE NUMBER: 10.00 of the City Council or the City Manager within the third degree of affinity ("marriage") or consanguinity ("blood"), and this shall apply to heads of departments in their respective departments. In a department comprised of more than one operational division, an applicant related within the third degree of marriage or blood to a City employee employed in that operational division will not be eligible for employment within the same division. An applicant for a job in a department consisting of one operational division who is related within the third degree of marriage or blood to an employee of the department will not be eligible for employment in that department. At the discretion of the department head, and with the approval of the City Manager, or designee, stricter guidelines for business reasons may be instituted as long as the reasons are not illegal or discriminatory. An applicant for a temporary or seasonal position within an operational division of the City may be eligible for the position, without regards to kinship of other employees within that operational division, as long as the period of employment does not exceed 120 days within a twelve-month period. An applicant for a job in an operational division that reports to or serves as staff liaison to a City board or commission is ineligible for employment in that division if the applicant is related within the third degree of marriage or blood to any member of the board. A. Kinship For the purposes of this policy, the following shall constitute familial relationships: HR/POLICY/10.00 PAGE 4 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics REFERENCE NUMBER: 10.00 Relationships by Blood Relationships by Marriage 3rd Degree 2nd Degree ls� Degree ls� Degree 2nd Degree 3rd Degree • Great • Siblings • Parents • Spouse • Brother-in-law • Great grandparents (��luding �z . Children (iegal or . Sister-in-law grandparents- • Great siblings) (includes common-law) � Grandparents- in-law grandchildren • Grandparents adoption) • Step Parents in-law • Great • Grandchildren �'�U • Step randchildren- • Uncle • Grandchildren- g • Aunt �� Children in-law in-law • Parents-in- • Uncle-in-law • Nephew law • Niece • Aunt-in-law • Son-in-law • Nephew-in- • First cousin • Daughter- law in-law . Niece-in-law • First cousin- in-law B. "Operational divisions" within a department will be determined by that department's organizational chart and are not necessarily equivalent to a department's budgetary divisions. C. An applicant shall be required to list on their application for employment all relatives related within the third degree of marriage and blood who are employed by the City, serving on the City Council, or serving on a board or commission. Failure of an applicant to list all applicable relatives employed by the City, or serving on a board or commission, shall result in the disqualification of the applicant for the position for which they ha�e applied. D. No current employee may be appointed or promoted to any supervisor's span of responsibility who is related within the third degree of marriage or blood to that supervisor. E. In the event of promotion or marriage between two City employees, the following shall apply: If the affected employees are employed in different departments, or different operational divisions of a department, those employees may remain with the City and their job positions will remain unaffected by the marriage or promotion. 2. At the discretion of the department head, married employees may remain and work in the same division or department provided that one is not directly reporting to the other and neither is in the same chain of command. The affected employees may report to the same department head. If however, the affected employees are unable to meet these criteria, then one must seek a transfer HR/POLICY/10.00 PAGE S OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics REFERENCE NUMBER: 10.00 to another division of that department or another department_ This decision shall be made and agreed upon by those employees involved. An employee seeking a transfer will be considered for any City position for which the employee is qualified but cannot remain in the existing division for more than six (6) months. Qualifications being equal, the transferring employee shall be given preferential treatment. If a suitable position cannot be found by the end of this period, one of the two must terminate, or be subject to reassignment, if another position is a�ailable. Reassignment is subject to the discretion of the City Manager and based on the individual's skills and qualifications. F. Relatives of City Council, Boards or Commissions If an employee is already employed with the City, and has been employed with the City at least six (6) months, then the employee is not required to transfer or resign upon the appointment of a relative to City Council, a board, or commission. However, an applicant of a relative of an existing City Council member, board member, or commission member is not eligible for employment in the operational division, which serves as the liaison to the City Council, board, or commission. G. Relatives of City Manager or Department Head If an employee is already employed with the City, and has been employed with the City at least six (6) months, then the employee is not required to transfer or resign upon the hiring of the City Manager or department head who is a related to the employee within the third degree of marriage or blood. However, the employee may not report directly to their relative. H. If the City institutes a reorganization that changes operational divisional or departmental boundaries, and an employee would then be working within the same operational division as, or supervising, a member of their immediate family, one of the affected employees must transfer to another operational division. The six (6) month period to arrange a transfer may be extended in 30-day increments with the approval of the City Manager, the department director, and the supervisor. The extension sha]1 not exceed 90 calendar days. If a transfer is not possible, one of the employees will be subject to mandatory reassignment. If this is not possible, one of the employees will be subject to dismissal. The determination of which employee shall be reassigned or terminated will be based upon the business interest of the operational division. L Temporary and seasonal employees of the City shall be partia]ly exempt in that two (2) or more members of the same family who are related within the third degree of marriage or blood may be employed within the same operational division as long as the following apply: 1. No more than one of the related employees may be a regular (non-temporary and non-seasonal) employee of the operational division. HR/POLICY/10.00 PAGE60F14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics REFERENCE NUMBER: 10.00 2. The related employees may not be in a direct reporting relationship with each other, a second level report, or responsible in any manner for the scheduling, discipline, or work assignments for each other; and, 3. The temporary and seasonal employees may not be employed by the operational division for a period lasting longer than 120 calendar days within a twelve-month period. IV. Gifts, Meals, and Events A. Gifts or Favors Employees shall neither solicit, nor accept, gifts or favors offered from an individual, business, or organization due to their position with the City (See Exceptions). A gift is defined as any tangible or intangible thing that can be reasonably inferred as benefitting the employee and/or influencing the employee's judgement or actions. This includes but is not limited to cash, cash equivalents, merchandise, food baskets/trays, meals, transportation, lodging, entertainment, use of facilities or property, and discounts. A favor is defined as performing an action, taking an action, or refraining from an action in a manner advantageous to an employee, customer, business, or organization in a manner atypical of normal business practices or policies. Examples include, but are not limited to, waiving charges or fees or providing non-public information that could be used for financial or political gain. There are a few exceptions to the gift prohibition. Employees should use their best judgement of what meets this criteria and ask for clarification from their supervisor, Compliance, or Human Resources, when needed. Exceptions include: • Items offered or received at an internal, City-sponsored event hosted for employees (e.g., Benefits and Wellness Fair); • Items included in event registration and available to all attendees (e.g., conference "swag bags"); • Marketing items of nominal value that are widely distributed via mail or at events (e.g., pens, notepads, or keychains); • Perishable items given by member(s) of the public or a civic organization expressing general appreciation to a department, office, or work group. HR/POLICY/10.00 PAGE7OF14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics REFERENCE NUMBER: 10.00 • Items received by an employee under circumstances independent of their position with the City (e.g., received from a friend, relative, or independent business relationship); or • Discounts that are available to all City employees; see the City's solicitation policy (114.01). B. Meals Employees shall neither solicit nor accept meals offered from an individual, business, or organization due to their position with the City (See Exceptions). Employees shall further manage the appearance or risk of impropriety by avoiding meals and/or social functions with individuals, businesses, or organizations that can be reasonably inferred as benefitting the employee and/or influencing the employee's judgement or actions. Limited exceptions include: • The meal is provided as part of an approved event, is included in the event's itinerary and registration, and is available to all attendees; • The meal is essential to business needs or cannot be avoided in the process of performing essential duties (each party or their organization must pay for their own meals and disclose); • The meal discount is part of a campaign that includes all City employees; • The meal is included as part of a community event where attendance by the employee is required as part of their essential duties; • The meal is discounted or gifted for reasons independent of the employee's position with the City; C. Events Attendance of events must be deemed essential for training or business needs and approved by the employee's chain of command. Events include, but are not limited to, conferences, off-site meetings, and trade shows. Travel and expenses should also be approved and follow the City's policies for reimbursement of expenses (408.01 and 408.03), where applicable. Discounted or complimentary registration, transportation, meals, or lodging for events are prohibited with the exception of: • Transportation and lodging discounts that are extended to all government employees or attendees of the event (e.g., government hotel rate or pay for 2 get 1 free conference registration); • Meals that meet the exceptions outlined in the meals section of this policy (section II-B); or • Transportation, registration, meals, or lodging provided due to a speech or service the employee rendered at the event (see Honorariums). If an event does not meet the exceptions indicated in the meals and/or events sections, and an employee feels attendance is necessary for their essential job duties, they can seek prior approval to attend the event from Compliance or the City Manager's Office. HR/POLICY/10.00 PAGE80F14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics Honorariums REFERENCE NUMBER: 10.00 Honorariums are defined as payment of money or anything of value for an appearance, speech or article. State law prohibits a public servant from soliciting or accepting an honorarium if the subject matter is directly related to the person's position with the City. This applies even if the employee provides the speech or services on their own personal time and there is no expenditure of public resources. The audience or organization for which the speech or services are being provided is not a factor or exception. Discounted or complimentary transportation, meals, or lodging are acceptable in these circumstances. ii. Games of Chance A game of chance is defined as any game or contest in which the outcome depends on chance, regardless of whether there is a cost to participate (e.g., raffles, drawings, or sweepstakes). An employee who is representing the City at an event or who is attending the event at the City's expense, shall not participate in games of chance or accept a prize or award from a game of chance associated with that event. An exclusion is internal, City-sponsored events (e.g., Benefits and Wellness Fair). D. Disclosure Proactive steps should be taken to inform individuals, businesses, and organizations of the City's policies regarding gifts, meals, and events. Any unsolicited gifts received by an employee, department, office, or work group that do not meet the exception criteria, are property of the City. Every effort should be made to decline and/or return the gift to the sender or to donate the gift to an approved organization. The sender should be contacted to express appreciation and explain the City's gift policy. In addition to these gifts, any unsolicited meals that cannot be declined or that do not meet the listed exceptions, shall be disclosed. Employees shall disclose all such gifts and meals as soon as possible, but no longer than three (3) business days, from receipt. Disclosure should be provided prior to transporting gifts for donation. V. Boards, Commissions, and Association Memberships Employees serving as members of boards, commissions, or associations that have business with the City through contract or financial support will require disclosure and approval to avoid appearance of fa�oritism, impropriety, and/or conflicts of interest. Prior to serving on a board, commission, or association, an employee must request prior approval through their department head. Disagreements with denials should be addressed through the City Manager's Office. An employee who is serving on a board at the time of hire and who intends to continue serving must also obtain approval. Before approving a request, department heads will consider the employee's position and role in funding and policy decisions as a board, commission, or association member that could create a conflict or appearance of conflict of interest for either the employee or the City. HR/POLICY/10.00 PAGE 9 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics VL Confidential Information REFERENCE NUMBER: 10.00 Confidential information includes all information held by the City that is not available to the public under the Texas Public Information Act. An employee shall not use their position to obtain official information about any person or entity for any purpose other than the performance of their essential duties. An employee shall not intentionally, knowingly, or recklessly disclose any confidential information gained by their position concerning the property, operations, policies, employees, or affairs of the City. This rule does not prohibit: 1. Any disclosure that is no longer confidential by law; or 2. The confidential reporting of illegal or unethical conduct to authorities designated by law. VIL Secondary Employment The City shall be the primary employer for all employees for which benefits are being supplied (excludes temporary and seasonal employees). An employee may be employed in any capacity in any other business, trade, occupation or profession while employed by the City, so long as it is determined that such employment does not tend to bring the City into disrepute, reflect discredit upon the employee, impair independence of judgment, create a conflict (or appearance of a conflict of interest), or conflict with their employment or performance as a City employee. It is the intention of this policy to protect the employee and the City from unintended consequences from secondary employment. The City recognizes the prerogative of its employees to pursue other employment to occupy their off-duty hours. However, this must be balanced with the City's need for full productivity during working hours and with loyalty from its employees. No City time, resources, personnel, facilities, or equipment may be used in conjunction with secondary employment, unless authorized in advance by the City Manager or designee. Secondary employment shall not impair the employee's a�ailability upon emergency recall by the City. Secondary employment will not be considered an excuse for poor job performance, absenteeism, tardiness, or refusal to work overtime. Should the secondary employment cause or contribute to any of these situations, it must be discontinued or the employee will be subject to disciplinary action, up to and including termination from City employment. As the primary employer, the employee must recognize the City's need for flexibility and changing schedules based upon the demand for services or departmental needs. HR/POLICY/10.00 PAGE 10 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics A. External Secondary Employment REFERENCE NUMBER: 10.00 l. Prior to engaging in secondary employment, whether as an employee at another organization, independent contractor, or self-employed, an employee must request prior approval through their immediate supervisor and department head. An employee who is working another job at the time of hire, and who intends to continue the other employment, must also obtain approval as outlined in this section. 2. All requests for secondary employment must be submitted on a"Secondary Employment Approval Request" form. 3. Before approving a request for secondary employment, supervisors and department heads must ensure the secondary employment does not violate City or departmental rules, policies, or procedures or create a conflict (or appearance of a conflict of interest) for either the employee or the City. 4. If a request for secondary employment is approved, the request must be forwarded to the Human Resources Department for inclusion in the employee's personnel file. 5. Approval may be denied or withdrawn at any time by the department head, upon consultation with the Human Resources Director, or designee, when such employment violates City or departmental rules, policies, or procedures or creates a conflict (or appearance of a conflict of interest) for the City. The reason for denial or withdrawal must be documented in writing to the employee. Disagreements with denials or withdrawals should be addressed through the City Manager's Office. 6. Generally, approvals or denials/withdrawals should be communicated to the employee in writing within 72 hours (excluding weekends) of receiving the Secondary Employment Approval Request form. Delays to this timeline should be communicated to the employee. 7. An approval form is required for every job outside of the City. A review and approval of the secondary employment is required annually. A new approval form will be required for changes to employers, positions, or work hours for secondary employment. 8. Approval does not constitute the establishment of a joint employment relationship between the City and any external employer. 9. If the employee accepts secondary employment without approval, the employee may be subject to disciplinary action, up to and including dismissal from the City. 10. If an employee is injured while self-employed, working as an independent contractor, or working for another organization, they will not be covered by the City's workers' compensation program. 1 l. If an employee is injured in the course and scope of employment with the City, and is missing time from work, the employee must seek written approval from the Risk Manager or Human Resources Director (or their designees) before working their secondary job (reference policy 409.01— Workers' Compensation/Salary Continuation Program, Section II. G and/or Section VL J2). B. Internal Secondary Employment l. A regular full-time employee may have a part-time job in another department if approved by the HR/POLICY/10.00 PAGE 11 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics REFERENCE NUMBER: 10.00 supervisor and department head of their full-time job and the relevant guidelines outlined in Section A above are followed. The full-time job is considered the primary employer. To ensure provisions of the Fair Labor Standards Act, the Human Resources Director, or designee, must also approve a full- time employee working a part-time position with the City. 2. Employees may also work more than one part-time j ob with the City as long as the relevant guidelines outlined in Section A above are followed. The j ob the part-time employee is hired in first is considered the primary employer. The primary employer will be responsible for maintaining all records for the regular part-time employee, including: a. Status sheets - pay records b. Allocation and transfer of charges The secondary employer must coordinate rate of pay, hours of work, and any other relevant information with the primary employer. NOTE: The Police and Fire Departments ha�e established written rules and regulations which may be more restrictive than this policy. In such cases, those rules and regulations will supersede this policy. VIIL Use of City Resources An employee shall not use, request, or permit the use of City facilities, personnel, equipment, supplies, or time for private purposes while on City duty (including political purposes), except: 1. Pursuant to duly adopted City policies, or 2. To the extent and according to the terms that those resources are lawfully available to the public. See the following City policies for specific information on these resources: • "Email Use" policy (506.05) •"Comprehensive Driving and City Vehicle Use" policy (409.05) •"Investigation and Inspection of City Facilities/Equipment" policy (108.13) • "Use of Social Media" (Section VIII) IX. Use of Social Media The City recognizes that social media has become a critical source of communication. Many, including City employees, utilize social media to voice their opinions on both private and public concern matters. This policy is not intended to prevent employees from making non-confidential communications that are of a general, legitimate concern. However, employees are strongly encouraged to exercise due diligence and caution when utilizing social media to post communication, including but not limited to pictures, HR/POLICY/10.00 PAGE 12 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics REFERENCE NUMBER: 10.00 documents, or materials, for the public's view. Internet postings can be detrimental to the City. Employees should be mindful that social media and internet postings, even when done off duty, may cause unintended reactions from the public or consequences to the City and its officials and employees. Guidelines for social media use: • Employees shall effectively communicate that their postings are their own personal opinions and do not represent the entity in which they are employed (i.e. the City); • Employees shall not post any information that is considered confidential, sensitive, or copyrighted to which they have access due to their position with the City; • Employees must be truthful, courteous, and respectful toward other City employees, customers, citizens, and City Officials (e.g., City Council, Mayor); and • Employees shall not harass others based on protected characteristics (e.g., race, sex, religion, sexual orientation, gender identity, national origin, disability status, etc.). See the City's "Harassment Prevention/Workplace Abuse" policy (108.10) for additional guidelines regarding discrimination and harassment. Employees who distribute or post communication by way of social media, or other means, which has the effect of any of the following: destroying the efficiency of City employees in performing their duties; impairing harmony; interfering with or disrupting City operations or functions; undermining authority; or which prevents successful service with employees' superiors or close working relationships which are essential to fulfill public responsibilities, or the ability for employees to perform their duties effectively, may be subject to disciplinary action. See the City's disciplinary policy regarding unbecoming conduct (109.01, Section V-B). Any employee who believes that their First Amendment Right has been infringed upon may request an administrative review under Section 109.01 (VI). Any employee who believes their social media account was compromised, resulting in a communication that would violate these policy guidelines shall immediately report the incident to Human Resources, Compliance, or the City Manager's Office. For guidelines on social media use on behalf of the City or for City business, see the City's "Social Media" policy (505.03). X. Political Activity City employees are not restricted from using their right to vote in a City election. The City's "Absence for Voting" policy (111.03) outlines leave time for the purpose of voting. HR/POLICY/10.00 PAGE 13 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics REFERENCE NUMBER: 10.00 Employee involvement in political campaigns does have limitations, as follows: • Per the City's "Solicitation" policy (114.01), no employee may engage in political activity while on duty or while wearing a City uniform; • Per the City's "Email Use" policy (506.05), the City email system may not be used to solicit political causes; • Employees shall not display campaign materials on any City property, including but not limited to vehicles and uniforms; • Employees shall not lobby on behalf of the City without prior written approval from the City Manager, or designee; • Employees shall refrain from using their influence in any way, for or against, any candidate for any elective office while engaged in the performance of their duties on the job. • Employees shall not accept gifts or favors for political activity relating to an item on a ballot they participated in, provided advice relating to, or exercised authority on, while in the scope of their City employment; and • Employees shall not engage in any conduct in relation to a political campaign which would have the effect of destroying the efficiency of City employees, interfering with or disrupting City operations or functions, impairing harmony, or which prevents successful service with employees' supenors. Publicly endorsing a candidate, placing a yard sign on private property, wearing or distributing campaign material, making financial contributions, or campaigning for a candidate, are permissible under City policy so long as those activities take place while the employee is off-duty and does not include the use of any City equipment or resources. XL Actions of Others • An employee shall not intentionally or knowingly assist or induce, or attempt to assist or induce, any person to violate any provision in this Ethics policy. • An employee shall not violate the provisions of this Ethics policy through the acts of another. XIL Reporting Unethical Conduct If an employee witnesses or has knowledge that inappropriate, unlawful, or unethical conduct has occurred, they have a duty to report the actions or behavior through the appropriate channels. Reports of unethical conduct for non-civil service employees will be reviewed and processed by Human Resources and the City Manager's Office. Reports of unethical conduct for civil service Police and Fire employees will be reviewed and processed in accordance with Chapter 143 of the Texas Local Government Code and, where applicable, local rules, meet and confer agreement, and departmental standard operating procedures. HR/POLICY/10.00 PAGE 14 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics Examples of behaviors include, but are not limited to: • Theft or Misuse of City Resources; • Abuse of Position; • Misuse of Confidential Information; • Personal Use of City-Owned Resources; • Bribery; • Whistleblowing; • Falsification of Documents; • Conflicts of Interest; or • Violations of City Procurement Policy. HR/POLICY/10.00 REFERENCE NUMBER: 10.00 � U .- • � � U .- � w • . i � i • � • • f • s � s i • f • � � i • ! • r rs •; s � � •; # � # � � �; � � � 4- � � � � � � � � � � � � � � e � � � � � � � � � � e �_ � � 4= e � v � .� � � � n � � � e � � � � n � � � � n � e � .� � � � � � � � � .� � � ;� � v � .� .� � � � � � .� �� 5 � �' °v y � � � � U � � � Q t � � � � � � � � � � � � Q- � � E � � � � � � � � � �� i �.v � ;� � � � v U � w �v � CL �. �, � .v e � � v � � v � e � � e � E � � � n � � � 5 .v � n � � � .� � � e .� � � � _ � e � E � � � n � � � e � .� .y � � 'U � e �„ � � .� � � n. � � � � � � � �, ,� � � � � � � s_ — +-' . � .� � S � � � y U � � � Q Q � Q �. � �, � � ea � � � +-� � � � v � � � � i � � � � � � � � � v . Q U � i � � �J �J s s � � RESOLIJTION NO. A RESOLUTION INCORPORATINU A CI"I�Y OF DENTON EMPLOYEE ETHICS POLICY, REFERENCE NUMBER 10.00, WITHIN THE CITY OF DENTON PERSONNEL POLICIES AND PROCEDURES; REPEALING THE CITY'S NEPOTISM AND OtJTSIDE EMPLOYMENT POLICIES, REFERENCE NUMBER 102.08 AND 108.09, OF GITY OF DENTON'S CURRENT POLICIES AND PROCEDURES; AND PROVIDING AN EFECTIVE DATE. WHEREAS, City employees are stewards who act on behalf of the City providing public service; WHEREAS, this Employee Ethics policy reflects the values of oui• coinmunity and establishes a foundation of behavior for all Ci�y employees; WHEREAS, the City's core vaiues include but are not limited to promoting and upilolding the highest standards of ethicai behavior from all City employees; WHEREAS, the City desii•es to strengthen its standards of ethics, integrity and impartiality, and to enhance City operations in furtherance of its serviee to the public; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The following policy entitlecl Ethics, attached hereto and made a part hereof, is he��eby adopted as an official policy of the City of Denton. SECTION 2. By adoption and passage of this resolution, the Nepotisin and Outside Employment policies, reference number 102.08 and 108.09, of the City of Denton policies and procedures shail be repealed irninediately since Nepotisnl and Secondary Employment is addressed in the Ethics policy. SECTION 3. The attached policy shall be filed in the official records with the City Secretary. SECTION 4. This resolution shall become effective itnmediately upon its passage and approval. PASSED AND APPROVED this the day of , 2018. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SEGRETARY C APPROVED AS TO LEGAL FORM: AARON LEAL, CI"I'Y ATTORN�Y . � �} . BY: '�� `� �.�� ,, f � i.� Page 2 of 2 CITY OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE PAGE 1 OF 14 SECTION: Human Resources REFERENCE NUMBER: 10.00 SUBJECT: Et�11CS INITIAL EFFECTIVE DATE: TITLE: Et�11CS LAST REVISION DATE: POLICY STATEMENT Public service is a public trust of which all City employees are stewards. It is essential that the public has confidence in those who act on their behalf in government. It is the City's policy to promote, uphold, and demand the highest standards of ethical beha�ior from all employees. The purpose of this policy is to set ethical expectations and guidelines, foster an environment of integrity and impartiality, and thereby enhance the City's ability to function effectively. By promoting the City's values, and prohibiting conduct incompatible with the best interest of the organization and public, risks are minimized and public trust is strengthened. Each City employee must strive to adhere to the technical compliance and principles set forth in this policy. It is not the purpose of this policy to provide a mechanism to defame, harass, or abuse employees, or to exploit personal grudges. This policy is not all-inclusive. It is supplemental to all applicable City policies, ordinances, and State/Federal laws and regulations. Employees are expected to use reasonable judgement for decisions that are not outlined in this or other City policies. Other policies may be referenced for more detailed information. ADMINISTRATIVE PROCEDURES L Conflicts of Interest A conflict of interest is a situation in which personal, and/or financial, considerations have the potential to influence or compromise professional judgment or actions. Conflicts of interest are challenging organizational concerns because they are subject to sensitivities based on perception. In order to manage the associated risks, real or perceived, it is the City's policy to address conflicts of interest through disclosure and recusal. A. General Rules Employees shall be proactive and transparent with any relationships that are a potential conflict of interest. Employees shall avoid actions or conduct that they know, or should know, is likely to impact the personal or financial interests of: The employee; The employee's spouse, child, parent, or member of the household; An outside client or secondary employer of the employee; HR/POLICY/10.00 APPROVBD BY: (RESOLUTION #) PAGE 2 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics REFERENCE NUMBER: 10.00 • A client or employer of the employee's spouse, child, parent, or member of the household; • An entity for which the employee serves as an officer, director, or policy maker; • A board or committee to which the employee is appointed; or a person or entity with whom the employee or their spouse solicited, received, or accepted an offer of employment or business opportunity within the past twelve (12) months. B. Disclosure and Recusal Employees shall proactively report by submitting a disclosure form for any relationship that presents a potential conflict of interest as soon as they are aware of the conflict. Employees involved in a purchase or solicitation must submit the required disclosure forms before any solicitation material will be shared with them. The disclosure forms will be reviewed by Purchasing, Compliance, and Legal to determine if a conflict exists. If a conflict is identified, the employee will be recused from any decision-making, influence, or solicitations that involve the vendor or individual(s) identified in the conflict. C. Training Employees shall complete annual training regarding this policy. IL Private Interests • Employees shall not use their position with the City to receive special treatment for themselves or anyone else; • Employees shall not use their position with the City to unfairly hurt the private interests of another; • Employees shall not represent a private interest before the City for compensation; • Employees shall not present private interests to Council, boards, or committees that conflicts with duties, assignments, or projects for which they are involved and/or have decision making authority; • Employees shall not assert or imply they have the ability to influence City action on any basis other than the merits; and • Decisions on behalf of the City shall be made on the merits of the issue, not on any personal considerations. IIL Nepotism In order to prevent conflicts of interest, to a�oid accusations and perceptions of biased conduct, and to maintain the confidentiality of restricted information, employment of certain related persons by the City, or within designated City departments, is not allowed. The provisions of this policy apply to persons from outside the City worl�orce who are applying for employment, or re-employment, with the City, as well as those employees applying for or transferring to other positions within the City. No person sha]1 be appointed to an office, or be employed by the City of Denton, who is related to any member HR/POLICY/10.00 PAGE 3 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics REFERENCE NUMBER: 10.00 of the City Council or the City Manager within the third degree of affinity ("marriage") or consanguinity ("blood"), and this shall apply to heads of departments in their respective departments. In a department comprised of more than one operational division, an applicant related within the third degree of marriage or blood to a City employee employed in that operational division will not be eligible for employment within the same division. An applicant for a job in a department consisting of one operational division who is related within the third degree of marriage or blood to an employee of the department will not be eligible for employment in that department. At the discretion of the department head, and with the approval of the City Manager, or designee, stricter guidelines for business reasons may be instituted as long as the reasons are not illegal or discriminatory. An applicant for a temporary or seasonal position within an operational division of the City may be eligible for the position, without regards to kinship of other employees within that operational division, as long as the period of employment does not exceed 120 days within a twelve-month period. An applicant for a job in an operational division that reports to or serves as staff liaison to a City board or commission is ineligible for employment in that division if the applicant is related within the third degree of marriage or blood to any member of the board. A. Kinship For the purposes of this policy, the following shall constitute familial relationships: HR/POLICY/10.00 PAGE 4 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics REFERENCE NUMBER: 10.00 Relationships by Blood Relationships by Marriage 3rd Degree 2nd Degree ls� Degree ls� Degree 2nd Degree 3rd Degree • Great • Siblings • Parents • Spouse • Brother-in-law • Great grandparents (��luding �z . Children (iegal or . Sister-in-law grandparents- • Great siblings) (includes common-law) � Grandparents- in-law grandchildren • Grandparents adoption) • Step Parents in-law • Great • Grandchildren �'�U • Step randchildren- • Uncle • Grandchildren- g • Aunt �� Children in-law in-law • Parents-in- • Uncle-in-law • Nephew law • Niece • Aunt-in-law • Son-in-law • Nephew-in- • First cousin • Daughter- law in-law . Niece-in-law • First cousin- in-law B. "Operational divisions" within a department will be determined by that department's organizational chart and are not necessarily equivalent to a department's budgetary divisions. C. An applicant shall be required to list on their application for employment all relatives related within the third degree of marriage and blood who are employed by the City, serving on the City Council, or serving on a board or commission. Failure of an applicant to list all applicable relatives employed by the City, or serving on a board or commission, shall result in the disqualification of the applicant for the position for which they ha�e applied. D. No current employee may be appointed or promoted to any supervisor's span of responsibility who is related within the third degree of marriage or blood to that supervisor. E. In the event of promotion or marriage between two City employees, the following shall apply: If the affected employees are employed in different departments, or different operational divisions of a department, those employees may remain with the City and their job positions will remain unaffected by the marriage or promotion. 2. At the discretion of the department head, married employees may remain and work in the same division or department provided that one is not directly reporting to the other and neither is in the same chain of command. The affected employees may report to the same department head. If however, the affected employees are unable to meet these criteria, then one must seek a transfer HR/POLICY/10.00 PAGE S OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics REFERENCE NUMBER: 10.00 to another division of that department or another department_ This decision shall be made and agreed upon by those employees involved. An employee seeking a transfer will be considered for any City position for which the employee is qualified but cannot remain in the existing division for more than six (6) months. Qualifications being equal, the transferring employee shall be given preferential treatment. If a suitable position cannot be found by the end of this period, one of the two must terminate, or be subject to reassignment, if another position is a�ailable. Reassignment is subject to the discretion of the City Manager and based on the individual's skills and qualifications. F. Relatives of City Council, Boards or Commissions If an employee is already employed with the City, and has been employed with the City at least six (6) months, then the employee is not required to transfer or resign upon the appointment of a relative to City Council, a board, or commission. However, an applicant of a relative of an existing City Council member, board member, or commission member is not eligible for employment in the operational division, which serves as the liaison to the City Council, board, or commission. G. Relatives of City Manager or Department Head If an employee is already employed with the City, and has been employed with the City at least six (6) months, then the employee is not required to transfer or resign upon the hiring of the City Manager or department head who is a related to the employee within the third degree of marriage or blood. However, the employee may not report directly to their relative. H. If the City institutes a reorganization that changes operational divisional or departmental boundaries, and an employee would then be working within the same operational division as, or supervising, a member of their immediate family, one of the affected employees must transfer to another operational division. The six (6) month period to arrange a transfer may be extended in 30-day increments with the approval of the City Manager, the department director, and the supervisor. The extension sha]1 not exceed 90 calendar days. If a transfer is not possible, one of the employees will be subject to mandatory reassignment. If this is not possible, one of the employees will be subject to dismissal. The determination of which employee shall be reassigned or terminated will be based upon the business interest of the operational division. L Temporary and seasonal employees of the City shall be partia]ly exempt in that two (2) or more members of the same family who are related within the third degree of marriage or blood may be employed within the same operational division as long as the following apply: 1. No more than one of the related employees may be a regular (non-temporary and non-seasonal) employee of the operational division. HR/POLICY/10.00 PAGE60F14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics REFERENCE NUMBER: 10.00 2. The related employees may not be in a direct reporting relationship with each other, a second level report, or responsible in any manner for the scheduling, discipline, or work assignments for each other; and, 3. The temporary and seasonal employees may not be employed by the operational division for a period lasting longer than 120 calendar days within a twelve-month period. IV. Gifts, Meals, and Events A. Gifts or Favors Employees shall neither solicit, nor accept, gifts or favors offered from an individual, business, or organization due to their position with the City (See Exceptions). A gift is defined as any tangible or intangible thing that can be reasonably inferred as benefitting the employee and/or influencing the employee's judgement or actions. This includes but is not limited to cash, cash equivalents, merchandise, food baskets/trays, meals, transportation, lodging, entertainment, use of facilities or property, and discounts. A favor is defined as performing an action, taking an action, or refraining from an action in a manner advantageous to an employee, customer, business, or organization in a manner atypical of normal business practices or policies. Examples include, but are not limited to, waiving charges or fees or providing non-public information that could be used for financial or political gain. There are a few exceptions to the gift prohibition. Employees should use their best judgement of what meets this criteria and ask for clarification from their supervisor, Compliance, or Human Resources, when needed. Exceptions include: • Items offered or received at an internal, City-sponsored event hosted for employees (e.g., Benefits and Wellness Fair); • Items included in event registration and available to all attendees (e.g., conference "swag bags"); • Marketing items of nominal value that are widely distributed via mail or at events (e.g., pens, notepads, or keychains); • Perishable items given by member(s) of the public or a civic organization expressing general appreciation to a department, office, or work group. HR/POLICY/10.00 PAGE7OF14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics REFERENCE NUMBER: 10.00 • Items received by an employee under circumstances independent of their position with the City (e.g., received from a friend, relative, or independent business relationship); or • Discounts that are available to all City employees; see the City's solicitation policy (114.01). B. Meals Employees shall neither solicit nor accept meals offered from an individual, business, or organization due to their position with the City (See Exceptions). Employees shall further manage the appearance or risk of impropriety by avoiding meals and/or social functions with individuals, businesses, or organizations that can be reasonably inferred as benefitting the employee and/or influencing the employee's judgement or actions. Limited exceptions include: • The meal is provided as part of an approved event, is included in the event's itinerary and registration, and is available to all attendees; • The meal is essential to business needs or cannot be avoided in the process of performing essential duties (each party or their organization must pay for their own meals and disclose); • The meal discount is part of a campaign that includes all City employees; • The meal is included as part of a community event where attendance by the employee is required as part of their essential duties; • The meal is discounted or gifted for reasons independent of the employee's position with the City; C. Events Attendance of events must be deemed essential for training or business needs and approved by the employee's chain of command. Events include, but are not limited to, conferences, off-site meetings, and trade shows. Travel and expenses should also be approved and follow the City's policies for reimbursement of expenses (408.01 and 408.03), where applicable. Discounted or complimentary registration, transportation, meals, or lodging for events are prohibited with the exception of: • Transportation and lodging discounts that are extended to all government employees or attendees of the event (e.g., government hotel rate or pay for 2 get 1 free conference registration); • Meals that meet the exceptions outlined in the meals section of this policy (section II-B); or • Transportation, registration, meals, or lodging provided due to a speech or service the employee rendered at the event (see Honorariums). If an event does not meet the exceptions indicated in the meals and/or events sections, and an employee feels attendance is necessary for their essential job duties, they can seek prior approval to attend the event from Compliance or the City Manager's Office. HR/POLICY/10.00 PAGE80F14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics Honorariums REFERENCE NUMBER: 10.00 Honorariums are defined as payment of money or anything of value for an appearance, speech or article. State law prohibits a public servant from soliciting or accepting an honorarium if the subject matter is directly related to the person's position with the City. This applies even if the employee provides the speech or services on their own personal time and there is no expenditure of public resources. The audience or organization for which the speech or services are being provided is not a factor or exception. Discounted or complimentary transportation, meals, or lodging are acceptable in these circumstances. ii. Games of Chance A game of chance is defined as any game or contest in which the outcome depends on chance, regardless of whether there is a cost to participate (e.g., raffles, drawings, or sweepstakes). An employee who is representing the City at an event or who is attending the event at the City's expense, shall not participate in games of chance or accept a prize or award from a game of chance associated with that event. An exclusion is internal, City-sponsored events (e.g., Benefits and Wellness Fair). D. Disclosure Proactive steps should be taken to inform individuals, businesses, and organizations of the City's policies regarding gifts, meals, and events. Any unsolicited gifts received by an employee, department, office, or work group that do not meet the exception criteria, are property of the City. Every effort should be made to decline and/or return the gift to the sender or to donate the gift to an approved organization. The sender should be contacted to express appreciation and explain the City's gift policy. In addition to these gifts, any unsolicited meals that cannot be declined or that do not meet the listed exceptions, shall be disclosed. Employees shall disclose all such gifts and meals as soon as possible, but no longer than three (3) business days, from receipt. Disclosure should be provided prior to transporting gifts for donation. V. Boards, Commissions, and Association Memberships Employees serving as members of boards, commissions, or associations that have business with the City through contract or financial support will require disclosure and approval to avoid appearance of fa�oritism, impropriety, and/or conflicts of interest. Prior to serving on a board, commission, or association, an employee must request prior approval through their department head. Disagreements with denials should be addressed through the City Manager's Office. An employee who is serving on a board at the time of hire and who intends to continue serving must also obtain approval. Before approving a request, department heads will consider the employee's position and role in funding and policy decisions as a board, commission, or association member that could create a conflict or appearance of conflict of interest for either the employee or the City. HR/POLICY/10.00 PAGE 9 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics VL Confidential Information REFERENCE NUMBER: 10.00 Confidential information includes all information held by the City that is not available to the public under the Texas Public Information Act. An employee shall not use their position to obtain official information about any person or entity for any purpose other than the performance of their essential duties. An employee shall not intentionally, knowingly, or recklessly disclose any confidential information gained by their position concerning the property, operations, policies, employees, or affairs of the City. This rule does not prohibit: 1. Any disclosure that is no longer confidential by law; or 2. The confidential reporting of illegal or unethical conduct to authorities designated by law. VIL Secondary Employment The City shall be the primary employer for all employees for which benefits are being supplied (excludes temporary and seasonal employees). An employee may be employed in any capacity in any other business, trade, occupation or profession while employed by the City, so long as it is determined that such employment does not tend to bring the City into disrepute, reflect discredit upon the employee, impair independence of judgment, create a conflict (or appearance of a conflict of interest), or conflict with their employment or performance as a City employee. It is the intention of this policy to protect the employee and the City from unintended consequences from secondary employment. The City recognizes the prerogative of its employees to pursue other employment to occupy their off-duty hours. However, this must be balanced with the City's need for full productivity during working hours and with loyalty from its employees. No City time, resources, personnel, facilities, or equipment may be used in conjunction with secondary employment, unless authorized in advance by the City Manager or designee. Secondary employment shall not impair the employee's a�ailability upon emergency recall by the City. Secondary employment will not be considered an excuse for poor job performance, absenteeism, tardiness, or refusal to work overtime. Should the secondary employment cause or contribute to any of these situations, it must be discontinued or the employee will be subject to disciplinary action, up to and including termination from City employment. As the primary employer, the employee must recognize the City's need for flexibility and changing schedules based upon the demand for services or departmental needs. HR/POLICY/10.00 PAGE 10 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics A. External Secondary Employment REFERENCE NUMBER: 10.00 l. Prior to engaging in secondary employment, whether as an employee at another organization, independent contractor, or self-employed, an employee must request prior approval through their immediate supervisor and department head. An employee who is working another job at the time of hire, and who intends to continue the other employment, must also obtain approval as outlined in this section. 2. All requests for secondary employment must be submitted on a"Secondary Employment Approval Request" form. 3. Before approving a request for secondary employment, supervisors and department heads must ensure the secondary employment does not violate City or departmental rules, policies, or procedures or create a conflict (or appearance of a conflict of interest) for either the employee or the City. 4. If a request for secondary employment is approved, the request must be forwarded to the Human Resources Department for inclusion in the employee's personnel file. 5. Approval may be denied or withdrawn at any time by the department head, upon consultation with the Human Resources Director, or designee, when such employment violates City or departmental rules, policies, or procedures or creates a conflict (or appearance of a conflict of interest) for the City. The reason for denial or withdrawal must be documented in writing to the employee. Disagreements with denials or withdrawals should be addressed through the City Manager's Office. 6. Generally, approvals or denials/withdrawals should be communicated to the employee in writing within 72 hours (excluding weekends) of receiving the Secondary Employment Approval Request form. Delays to this timeline should be communicated to the employee. 7. An approval form is required for every job outside of the City. A review and approval of the secondary employment is required annually. A new approval form will be required for changes to employers, positions, or work hours for secondary employment. 8. Approval does not constitute the establishment of a joint employment relationship between the City and any external employer. 9. If the employee accepts secondary employment without approval, the employee may be subject to disciplinary action, up to and including dismissal from the City. 10. If an employee is injured while self-employed, working as an independent contractor, or working for another organization, they will not be covered by the City's workers' compensation program. 1 l. If an employee is injured in the course and scope of employment with the City, and is missing time from work, the employee must seek written approval from the Risk Manager or Human Resources Director (or their designees) before working their secondary job (reference policy 409.01— Workers' Compensation/Salary Continuation Program, Section II. G and/or Section VL J2). B. Internal Secondary Employment l. A regular full-time employee may have a part-time job in another department if approved by the HR/POLICY/10.00 PAGE 11 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics REFERENCE NUMBER: 10.00 supervisor and department head of their full-time job and the relevant guidelines outlined in Section A above are followed. The full-time job is considered the primary employer. To ensure provisions of the Fair Labor Standards Act, the Human Resources Director, or designee, must also approve a full- time employee working a part-time position with the City. 2. Employees may also work more than one part-time j ob with the City as long as the relevant guidelines outlined in Section A above are followed. The j ob the part-time employee is hired in first is considered the primary employer. The primary employer will be responsible for maintaining all records for the regular part-time employee, including: a. Status sheets - pay records b. Allocation and transfer of charges The secondary employer must coordinate rate of pay, hours of work, and any other relevant information with the primary employer. NOTE: The Police and Fire Departments ha�e established written rules and regulations which may be more restrictive than this policy. In such cases, those rules and regulations will supersede this policy. VIIL Use of City Resources An employee shall not use, request, or permit the use of City facilities, personnel, equipment, supplies, or time for private purposes while on City duty (including political purposes), except: 1. Pursuant to duly adopted City policies, or 2. To the extent and according to the terms that those resources are lawfully available to the public. See the following City policies for specific information on these resources: • "Email Use" policy (506.05) •"Comprehensive Driving and City Vehicle Use" policy (409.05) •"Investigation and Inspection of City Facilities/Equipment" policy (108.13) • "Use of Social Media" (Section VIII) IX. Use of Social Media The City recognizes that social media has become a critical source of communication. Many, including City employees, utilize social media to voice their opinions on both private and public concern matters. This policy is not intended to prevent employees from making non-confidential communications that are of a general, legitimate concern. However, employees are strongly encouraged to exercise due diligence and caution when utilizing social media to post communication, including but not limited to pictures, HR/POLICY/10.00 PAGE 12 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics REFERENCE NUMBER: 10.00 documents, or materials, for the public's view. Internet postings can be detrimental to the City. Employees should be mindful that social media and internet postings, even when done off duty, may cause unintended reactions from the public or consequences to the City and its officials and employees. Guidelines for social media use: • Employees shall effectively communicate that their postings are their own personal opinions and do not represent the entity in which they are employed (i.e. the City); • Employees shall not post any information that is considered confidential, sensitive, or copyrighted to which they have access due to their position with the City; • Employees must be truthful, courteous, and respectful toward other City employees, customers, citizens, and City Officials (e.g., City Council, Mayor); and • Employees shall not harass others based on protected characteristics (e.g., race, sex, religion, sexual orientation, gender identity, national origin, disability status, etc.). See the City's "Harassment Prevention/Workplace Abuse" policy (108.10) for additional guidelines regarding discrimination and harassment. Employees who distribute or post communication by way of social media, or other means, which has the effect of any of the following: destroying the efficiency of City employees in performing their duties; impairing harmony; interfering with or disrupting City operations or functions; undermining authority; or which prevents successful service with employees' superiors or close working relationships which are essential to fulfill public responsibilities, or the ability for employees to perform their duties effectively, may be subject to disciplinary action. See the City's disciplinary policy regarding unbecoming conduct (109.01, Section V-B). Any employee who believes that their First Amendment Right has been infringed upon may request an administrative review under Section 109.01 (VI). Any employee who believes their social media account was compromised, resulting in a communication that would violate these policy guidelines shall immediately report the incident to Human Resources, Compliance, or the City Manager's Office. For guidelines on social media use on behalf of the City or for City business, see the City's "Social Media" policy (505.03). X. Political Activity City employees are not restricted from using their right to vote in a City election. The City's "Absence for Voting" policy (111.03) outlines leave time for the purpose of voting. HR/POLICY/10.00 PAGE 13 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics REFERENCE NUMBER: 10.00 Employee involvement in political campaigns does have limitations, as follows: • Per the City's "Solicitation" policy (114.01), no employee may engage in political activity while on duty or while wearing a City uniform; • Per the City's "Email Use" policy (506.05), the City email system may not be used to solicit political causes; • Employees shall not display campaign materials on any City property, including but not limited to vehicles and uniforms; • Employees shall not lobby on behalf of the City without prior written approval from the City Manager, or designee; • Employees shall refrain from using their influence in any way, for or against, any candidate for any elective office while engaged in the performance of their duties on the job. • Employees shall not accept gifts or favors for political activity relating to an item on a ballot they participated in, provided advice relating to, or exercised authority on, while in the scope of their City employment; and • Employees shall not engage in any conduct in relation to a political campaign which would have the effect of destroying the efficiency of City employees, interfering with or disrupting City operations or functions, impairing harmony, or which prevents successful service with employees' supenors. Publicly endorsing a candidate, placing a yard sign on private property, wearing or distributing campaign material, making financial contributions, or campaigning for a candidate, are permissible under City policy so long as those activities take place while the employee is off-duty and does not include the use of any City equipment or resources. XL Actions of Others • An employee shall not intentionally or knowingly assist or induce, or attempt to assist or induce, any person to violate any provision in this Ethics policy. • An employee shall not violate the provisions of this Ethics policy through the acts of another. XIL Reporting Unethical Conduct If an employee witnesses or has knowledge that inappropriate, unlawful, or unethical conduct has occurred, they have a duty to report the actions or behavior through the appropriate channels. Reports of unethical conduct for non-civil service employees will be reviewed and processed by Human Resources and the City Manager's Office. Reports of unethical conduct for civil service Police and Fire employees will be reviewed and processed in accordance with Chapter 143 of the Texas Local Government Code and, where applicable, local rules, meet and confer agreement, and departmental standard operating procedures. HR/POLICY/10.00 PAGE 14 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued TITLE: Ethics Examples of behaviors include, but are not limited to: • Theft or Misuse of City Resources; • Abuse of Position; • Misuse of Confidential Information; • Personal Use of City-Owned Resources; • Bribery; • Whistleblowing; • Falsification of Documents; • Conflicts of Interest; or • Violations of City Procurement Policy. HR/POLICY/10.00 REFERENCE NUMBER: 10.00 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 18-653, Version: 2 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager, or his designee, to sign a Confidentiality Agreement with New Braunfels Utilities (NBU) to enable the City of Denton to review proposals received by NBU from their request for proposals for renewable power from solar energy resources. City of Denton Page 1 of 1 Printed on 4/13/2018 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: April 17, 2018 SUBJECT Consider approval of an Ordinance authorizing the City Manager, or his designee, to sign a Confidentiality Agreement with New Braunfels Utilities (NBU) to enable the City of Denton to review proposals received by NBU from their request for proposals for renewable power from solar energy resources. BACKGROUND New Braunfels Utilities recently issued a request for renewable solar energy proposals for itself and five other municipally owned electric utilities including Denton Municipal Electric. The closing date of the RFP was April 13, 2018. Proposers have the right to designate all or portions of their RFP response as confidential. The RFP stated that NBU will enter into Confidentiality Agreements with each of the public power utilities that elect to participate in NBU's RFP process so that any requested confidentiality by proposers will be contractually recognized. Denton Municipal Electric has expressed an interest in obtaining up to 100 megawatts of solar power via the NBU RFP, subject to the proposal terms received under the process. In the RFP, NBU has stated a goal to notify to winning proposers by May 1 l, 2018. RECOMMENDATION Staff recommends approval of the attached Ordinance. FISCAL INFORMATION The Ordinance and the NBU RFP do not obligate Denton Municipal Electric to make renewable energy purchases or other financial commitments. Financial obligations, if any, will be evidenced in one or more Power Purchase Agreements that will be presented to the City Council for approval. 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: Proposed Confidentiality Agreement Exhibit 3: Amended RFP Exhibit 4: Ordinance Respectfully submitted: George Morrow DME General Manager Prepared by: George Morrow DME General Manager CONFIDENTIALITY AGREEMENT THIS CONFIDENTIALITY AGREEMENT ("Agreement"), entered into and made effective as of the latest date subscribed below, is between NEw B�uNFEr�s UTIr,IT1Es ("NBU") a municipally owned utility with its principal place of business in New Braunfels, Texas and , a corporation ("Party B") with its principal place of business in (collectively the "Parties"). This Agreement is to facilitate confidential discussions and pertains to data and information that may be provided by the parties to one another in connection with potential power supply opportunities and proposals between the parties and all subsequent additional information, clarifications, and options provided by the Parties (all such proposals together with any subsequent related communications are referred to as the "Proposal"). The Parties desire to assure the confidentiality of information disclosed and exchanged by the Parties during the Proposal and to prevent its disclosure to unrelated third parties except as permitted by this Agreement. In consideration of the mutual promises contained in this Agreement and with the intent to be legally bound by its terms and conditions, the Parties agree as follows: 1) Definition of Confidential Information; Exceptions to Definition. The Party disclosing "Confidential Information", as that term is defined below, ("Disclosing Party") shall allow access to or may disclose to the other Party ("Receiving Party"), either orally, in writing, or through electronic means certain information that the Disclosing Party believes is Confidential Information. "Confidential Information" as used in this Agreement shall mean the information designated as Confidential by the Disclosing Party that is disclosed or transmitted to the Receiving Party or any of its Representatives as defined in Section 2(a) below, pursuant to this Agreement and shall include, but not be limited to, know-how, inventions, techniques, processes, algorithms, software programs, source code, schematics, designs, contracts, customer lists, financial information, sales and marketing plans, future generation development plans, energy profiles and pricing and business information. Confidential Information does not include and this obligation to maintain confidentiality will not apply to the extent that the Receiving Party can demonstrate that: a) the designated Confidential Information of the Disclosing Party is, at the time of disclosure, part of the public domain; b) the designated Confidential Information of the Disclosing Party became part of the public domain, by publication or otherwise, except by breach of the provisions of this Agreement; c) the designated Confidential Information of the Disclosing Party can be established by electronic or written evidence to have been in the possession of the Receiving Party at the time of disclosure; d) the designated Confidential Information of the Disclosing Party is received by the Receiving Party from a third Party without similar restrictions of confidentiality NBU-Standard ConfidentialityAgree�nent 03.23.17 Page 1 of 5 including any restrictions pursuant to a separate confidentiality agreement and without breach of this Agreement; e) the designated Confidential Information was independently developed by it or for it without use or reference to Confidential Information and that was not obtained, in whole or in part, from Disclosing Party; or � the designated Confidential Information of the Disclosing Party is required to be disclosed by a government agency to further the objectives of this Agreement, or by a proper court of competent jurisdiction; provided, however, that the Receiving Party will use commercially reasonable efforts to minimize the disclosure of such information and will consult with and assist the Disclosing Party in obtaining a protective order prior to such disclosure. 2) Confidentiality and Non-Use of Confidential Information. a) The Parties agree to keep confidential a]1 Confidential Information and shall not, without the other Parry's prior written consent, or as otherwise provided for in this Agreement, disclose to any third party, firm, corporation or entity such Confidential Information. The Receiving Party shall limit the disclosure of the Confidential Information to only those affiliates of the Party and those members, partners, officers, employees, financing parties, representatives, advisors and agents (including attorneys, accountants, bankers and consultants) of the Receiving Party, or its affiliates (collectively the "Representatives"), who are reasonably necessary to evaluate and complete the Proposal. Neither Party shall make any other use, in whole or in part, of any such Confidential Information without the prior written consent of the other. Written consent for disclosure of Confidential Information under this Section sha]1 not be required if the Disclosing Parry is required to disclose such Confidential Information pursuant to Section 4; provided, however, the Disclosing Party must comply with the requirements of Section 4. b) Receiving Party agrees during the term of this Agreement to take all steps reasonably necessary to hold in trust the Confidential Information. Receiving Party agrees to use the Confidential Information solely to perform the Proposal hereunder. 3) Patent or Co�� t Infrin eg ment. Nothing in this Agreement is intended to or sha]1 grant any rights under any patent, copyright, trademark, trade secret or other intellectual property right of Disclosing Party, nor shall this Agreement grant Receiving Parry any rights in the Disclosing Party's Confidential Information, except the limited right to review such Confidential Information in connection with any Proposal. Further, Receiving Party agrees not to reverse engineer, attempt to reverse engineer, decompile or disassemble any computer software programs or devices supplied by the other party. 4) Rec�uired Disclosure. In the event that any Party or its representatives is requested or required by oral questions, interrogatories, requests for information or documents, subpoena, civil investigation, demand, regulatory proceedings or other applicable laws or regulations, court orders, or similar process to disclose any Confidential Information received pursuant to this Agreement, it is agreed that such Party (i) will provide to the other Party immediate notice of such request(s) and (ii) will use reasonable efforts to resist disclosure, until an appropriate protective order may be sought and/or a waiver of compliance with the provisions of this Agreement is granted or (iii) will cooperate in protecting the confidential or proprietary nature of the Confidential Information that has been NBU-Standard ConfidentialityAgree�nent 03.23.17 Page 2 of 5 requested. If, in the absence of a protective order or the receipt of a waiver hereunder, the Parties or their representatives are nonetheless, in the opinion of their respective counsel, legally required to disclose Confidential Information received pursuant to this Agreement then, in such event any Party may disclose such information without liability hereunder, provided that the other Party has been given an opportunity to review the text of such disclosure before it is made if that Party is lawfully permitted to do so. 5) Return of Information. a) Either Party may elect at any time to terminate further access to the Confidential Information. The Parties further agree to return or destroy any and all Confidential Information upon written request from the Disclosing Party and to certify in writing to the Disclosing Party that all requested information has been returned or destroyed. However, the Receiving Party shall be permitted to keep one archived copy of the Confidential Information for legal or audit proposes only, provided it gives written notification of the retained copy and such information is maintained in accordance with the law and/or the terms of this Agreement. b) Confidential Information contained in drafts, notes, studies and other documents prepared by or for Receiving Party, or its Representatives, shall be retained by the Receiving Party according to the terms of this Agreement or destroyed with written notice to the other Party. c) The Disclosing Party may not request the Receiving Party to return or destroy Confidential Information pursuant to this Section solely to circumvent required disclosure under Section 4 of this Agreement. 6) Survival of Obli�ations. The obligations and commitments established by this Agreement sha]1 remain in full force and effect for two (2) years from the date and year the Proposal is completed, or until such time as the Parties have entered into a written agreement providing otherwise. 7) General Provisions. a) The Parties each accept the representations of the other Party that the Confidential Information of the other Party is of a special, unique, unusual, extraordinary, and intellectual character. The Parties agree that the breach of the provisions of this Agreement by the Receiving Party or its Representatives will cause the Disclosing Party irreparable damage for which recovery of money damages would be inadequate. The Disclosing Party will, therefore, be entitled to obtain timely injunctive relief to protect the Disclosing Party's rights under this Agreement in addition to all remedies available at law. b) The remedy stated above may be pursued in addition to any other remedies applicable at law or equity for breach of this Agreement. Should litigation be instituted to enforce any provision hereof, the Party that prevails will be entitled to recover all costs, including reasonable legal fees, cost of investigation, the cost of experts and the cost of settlement. c) If any provision of this Agreement or the application of it to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of the Agreement and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect. NBU-Standard ConfidentialityAgree�nent 03.23.17 Page 3 of 5 d) The Agreement sha]1 be governed by the laws, rules and regulations of the State of Texas and is enforceable in Comal County, Texas. e) No term or provision of this Agreement will be considered waived by either Party, and no breach excused by either Party, unless such waiver or consent is in writing signed on behalf of the Party against whom the waiver is asserted. No consent by either Party to, or waiver of, a breach by either Party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either Party. 8) No Im�lied Licenses. Nothing in this Agreement will be construed as granting any rights to Receiving Party, by license or otherwise, to any of Disclosing Party's Confidential Information, except as specifically stated in this Agreement or as otherwise agreed in writing. 9) No Obli�ation or Joint Venture. The Parties understand and agree that unless and until a definitive agreement has been executed and delivered, no contract or agreement providing for a transaction between the Parties shall be deemed to exist among the Parties, and no Parry will be under any legal obligation of any kind whatsoever with respect to such transaction by virtue of this or any written or oral expression, except, in the case of this Agreement, for the matters specifically agreed to in it. This Agreement neither obligates a Party to deal exclusively with the other Party nor prevents a Party or any of its affiliates from competing with the other Party or any of its affiliates. 10) Limitation of Liabilities. Notwithstanding any other provision contained in this Agreement, the Receiving Party's liability to the Disclosing Party in connection with this Agreement and any activities undertaken in connection with the evaluation of the Proposal shall be limited to direct damages and shall exclude any other liability, including without limitation liability for special, indirect, punitive or consequential damages in contract, tort, warranty, strict liability or otherwise. (The remainder of this page intentionally left blank) NBU-Standard ConfidentialityAgree�nent 03.23.17 Page 4 of 5 IN WTTNESS WHEREOF, the Parties have entered into this Agreement on the latest date specified below. NEW BRAUNFELS UTILITIES, PARTY B a Texas municipa]ly owned utility : : Name: Ian Tavlor Name: Title: Chief Executive Officer Title: Date: Date: NBU-Standard ConfidentialityAgree�nent 03.23.17 Page 5 of 5 REQUEST FOR PROPOSAL (RFP): for The Purchase of Renewable Capacity & Energy from Solar Energy Resources ��,�,�� i �� „� I� . � . ,. � ,� .� . _t New Braunfels Utilities March 12, 2018 Responses Must Be Received No Later Than: FridaY, A�ril 13, 2018 at 5�.m. Staff Contact Person: David Hubbard Power Supply Manager 830-608-8418 Email �:q.:�u�l�rl�r�r�..%�7,��r:�::�.�.�:°:�.�:�...:.��arr�:�, �.,. �:� Ir� �: � � Ir� �: �:� SectionI - Overview .................................................................................................................................... 2 A. Statement of Intent ............................................................................................................................. 2 B. About New Braunfeis Utilities ........................................................................................................... 2 C. Credit Rating ...................................................................................................................................... 3 D. RFP Schedule ...................................................................................................................................... 3 E. Contact Information, Questions and Answers ................................................................................. 3 SectionII - Scope .........................................................................................................................................4 A. Contractuai Arrangement .................................................................................................................4 1. Power Purchase Agreement : ............................................................................................................. 4 2. Term, Capacity, and Commercial Operation Date :...........................................................................4 3. Other : ................................................................................................................................................4 B. Delivery Conditions ............................................................................................................................4 1. Point of Delivery ............................................................................................................................... 4 3. Scheduling .........................................................................................................................................5 4. Communication .................................................................................................................................5 5. Operations ......................................................................................................................................... 5 C. Generation Facility Detaiis ................................................................................................................ 5 SectionIII - Proposai .................................................................................................................................. 7 A. Proprietary Data in Proposai ............................................................................................................ 7 B. Proposai Format ................................................................................................................................. 7 1. Term Sheet ........................................................................................................................................7 2. Business Organization and Financial Capability .............................................................................. 7 3. Corporate and Professional Experiences ........................................................................................... 8 4. Proposal Price and Cost .................................................................................................................... 8 Section IV - Proposai Submittai ................................................................................................................ 9 Section V- Evaluation Factors and Award .............................................................................................. 9 A. Eligibility/Competitive Selection ....................................................................................................... 9 B. Evaluation Factors ...........................................................................................................................10 C. Proposai Recommendation ..............................................................................................................11 Section VI - Negotiation and Award of Contracts .................................................................................11 Section VII— Additionai Instructions and Information .........................................................................11 New Braunfels Utilities Request For Proposals Page � 1 Section I - Overview A. Statement of Intent New Braunfels Utilities (NBU) is soliciting proposals from companies qualified and experienced in the development, generation, dispatch and management of electrical energy produced from renewable solar energy resources located in the ERCOT Transmission System. In particular, NBU desires to purchase 120 MWac up to 150 MWac of capacity, energy, and associated environmental attributes/renewable energy credits from qualified solar facilities for a term of ten to twenty years, as defined by the Substantive Rules of the Public Utility Commission of Texas (PUCT). Proposers may make offers for all or a portion of the total capacity desired from one or more projects, either new or existing. NBU has received interest from five public power entities in procuring up to an additiona1350 MWac of energy, capacity, and environmental attributes as part of this solicitation. These public power entities would each execute independent power purchase agreements with the successful proposer(s). All terms, conditions, requirements, requests, and rights of NBU under this RFP also apply to these public power entities unless explicitly stated otherwise. List of all entities involved: • New Braunfels Utilities (NBU) • Garland Power and Light (GP&L) • Denton Municipal Electric (DME) • Bryan Texas Utilities (BTU) • Kerrville Public Utility Board (KPUB) • Greenville Electric Utility System (GEUS) B. About New Braunfels Utilities NBU's an electric system comprises a service area of approximately 160 square miles, and serves approximately 39,000 residential, commercial, and industrial electric customers. The electric system includes 619 miles of overhead distribution line, 285 miles of underground distribution line, eleven substation/metering points on the transmission system, and other buildings, equipment, stores, and related facilities. NBU owns approximately 19.5 circuit miles of 138kV transmission circuits, which are part of ERCOT. Electric system load continues to increase along the IH-35 and Hwy. 46 corridors within the NBU service territory. NBU experienced a strong customer growth of 6.2% (as measured by electric meter connections) during Fiscal Year 2017 and expects this trend to continue over the near term. NBU set a system hourly maximum load of 296 MWH in the summer of 2017 and 289 MWH in the summer of 2016. Total system energy purchases for calendar year ending December 31, 2017 ii�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti�ti� New Braunfels Utilities Request For Proposals Page � 2 consisted of approximately 1,577,637 megawatt hours. System load grew at about 4% and peak load grew at approximately 2.4% from CY 2016 to CY 2017. G Credit Rating NBU has an S&P credit rating of AA and all public power entities interested in participating the procurement of energy associate with this request for proposals have an S&P credit rating of at least A+. D. RFP Schedule NBU will make a concerted effort to maintain the schedule below, but reserves the right to revise this schedule when conditions require changes. To accommodate changes. RFP Issue Date: Monday, March 12, 2018 Deadline for Email Questions: Friday, March 23, 2018 FAQ Released: Wednesday, March 28, 2018 RFP Responses are due by: Friday, April 13, 2018 NBU will review proposals and arrive at a short list of proposals to consider for further evaluation. Short listed proposers may be contacted to provide additional information and documentation regarding their proposal. NBU will strive to notify winning proposer(s) by Friday, May 1 l, 2018 E. Contact Information, Questions and Answers Proposers must submit their proposal(s) electronically by the aforementioned deadline to: ;��v� r��;x,�a1��7��l�ru�t��.��a_�. Proposal format and requirements are described in the subsequent sections. During the RFP Process, any and all questions regarding the RFP must be submitted to ��v�r��,x,�a�al�a(�7��l�ru�t��.��a_�. All questions must be submitted by Friday, March 23, 2018. Late submittals will not be answered. A FAQ will be released to all parties by email on Wednesday, March 28, please email ;��v� r��;x,�a1��7��l�ru�t��.��a_� with any contacts you would like included. New Braunfels Utilities Request For Proposals Page � 3 Section II - Scope A. Contractual Arrangement 1. Power Purchase A�reement: Under a long term PPA structure, NBU will purchase the capacity, energy, and environmental attributes from new or existing solar generation facilities. 2. Term, Capacitv, and Commercial Operation Date: NBU will consider a term of at least 10 years up to a maximum of 25 years. NBU expects to acquire 120 MWac to 150 MWac of solar capacity, energy, and environmental attributes under this RFP from one or more facilities. The five public power entities expect to acquire up to 350 MWac of solar capacity, energy, and environmental attributes under this RFP from one or more facilities. With respect to solar generation facilities in development, NBU prefers an early commercial operation date, but will consider facilities with commercial operation dates up to December 31, 2022. 3. Other: Responses that propose to split the generation requirements between two sites that are physically distant from one another are preferred. NBU will consider storage options or future storage options blended with a solar power offer, but prefers that any proposed development with a blended offer has the solar power offer broken out on a stand-alone basis. NBU reserves the right to award one or more contracts in order to satisfy its requirements or make no contract awards. NBU shall have the right to resell all or part of the capacity, energy, or environmental attributes acquired in this solicitation. B. Delivery Conditions l. Point of Deliverv All offers should at a minimum include proposals for the point of interconnection of the applicable facility(s) to an ERCOT registered Transmission Service Provider (TSP). Additional offers at the following Hubs are also preferred and will be considered if offered: HB_South, HB North and HB_West. Although not required, preference will be given to the delivery point at a 345 kV transmission interconnect. 2. Meterin� Energy delivered at the Point of Delivery will be metered at an ERCOT Polled Settlement (EPS) Meter dedicated solely for the measurement of energy sold and purchased under the PPA. Although not a preference, NBU will consider split or allocated meter arrangements. New Braunfels Utilities Request For Proposals Page � 4 3. Schedulin� Supplier will provide Qualified Scheduling Entity (QSE) services for the facility and will perform all obligations of a QSE representing a resource under ERCOT Protocols. The Supplier's QSE will work with NBU and its designated QSE to develop operating procedures to establish energy trades, forecasting, scheduling, and settlement protocols. NBU and Supplier will develop a joint operating plan as to how to offer the energy from the facility into the ERCOT market. The proposed QSE for the facilities must be identified by the Supplier and approved by NBU, and such approval shall not be unreasonably withheld by NBU. 4. Communication The EPS metering facility will include communication equipment to NBU's designated QSE or its designated metering contractor to read the meter in real time. All communication, SCADA and telemetry equipment will be provided by the Supplier and will be designed to meet both ERCOT's and NBU's designated QSE, or its metering designee, equipment and data communication requirements which include, but are not limited to: connection via an ICCP link or alternative method suitable to NBU. 5. Operations In order for NBU to fulfill its obligations to its designated QSE in accordance with ERCOT Protocols, at a minimum the facility must have a single point of contact available on a 24/7 basis in order to respond to requests, directives and emergency orders. G Generation Facility Details Proposers must provide the exact geographic location of the offered facility and the point of interconnection with the TSP, either existing or proposed. Other reports must include a detailed description of the solar technology that will be used to provide the renewable energy and capacity or that will be sold or conveyed to NBU. In addition, Proposers must provide sufficient information on the qualified solar renewable resource to provide assurance to NBU that the generating facility will be able to meet its projected production estimates for the duration of the PPA. All facilities must meet applicable regulatory and industry safety, environmental and operational standards, including but not limited to the applicable ERCOT, Texas Reliability Entity (TRE) and North American Electric Reliability Corporation (NERC) standards and requirements. At a minimum, Proposers will specify the following: 1. Facility name or proposed name. 2. Details regarding site geographic location within ERCOT, coordinates and control, including lease and easement arrangements, any local tax abatement agreements or applications, accommodations with mineral owners for surface use, and Google Earth images of proposed facility. 3. Technical information for the facility including solar technology type, make, model, configuration, general layout diagrams, plant layout, nameplate capacity rating, net New Braunfels Utilities Request For Proposals Page � 5 plant capacity, in-service date or projected in-service date, estimated service/design life, etc. 4. Complete description of the interconnection point, including but not limited to: • Corresponding voltage levels to the ERCOT transmission system. • Description of inetering arrangement at the interconnection point. • Description and status of proposed site interconnection arrangements including proposed transmission line construction (if any). • Description and status of TSP/ERCOT interconnection process or studies. • Detailed studies of local congestion and other congestion-related issues. 5. Expected annual hourly output profile (8760 hours), net AC output rating, capacity factors, forced outage rate, deratings, expected reasons for maintenance, etc. 6. Solar irradiation data for the site, expressed both as hourly irradiation and daily irradiation over the course of a year. Description of sources of irradiation data, either onsite or otherwise. 7. Identification of major equipment suppliers and descriptions of manufacturers' and vendors' warranties, if any, in effect for the facility. 8. Description and confirmation of Proposer's ability to procure an adequate supply of panels and inverters to support its proposal. 9. Proposer's engineering, construction, operating and environmental team qualifications. 10. Description of environmental compliance requirements and all regulatory permits, licenses or approvals required by the facility to supply renewable power. 11. Timelines or milestones including but not limited to: • Project permitting • Securing interconnection and related agreements • Project financing commitments • EPS execution • Equipment acquisition and delivery • Financial close • Commercial operation 12. Description of inetering arrangement, if available. 13. Description and status of the planned operational control of facility (SCADA / AGC/ Power Quality factors (VAR's, LVRT, ramping capabilities, etc.)). 14. Any other significant information, maps, or drawings regarding the facility. 15. O&M Plan if structure is anything different than a standard PPA. New Braunfels Utilities Request For Proposals Page � 6 Section III - Proposal A. Proprietary Data in Proposal The Proposer shall identify the page number(s) in which proprietary information is presented. All materials submitted to NBU become public property and are subject to the Texas Public Information Act upon receipt. If a Proposer does not want proprietary information to be disclosed, each page must be identified and marked PROPRIETARY at the time of submittal. NBU will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to what information must be disclosed, however, lies with the Attorney General of Texas. Failure to identify proprietary information will result in all unmarked pages being deemed non- proprietary and available to the public upon request. A confidentiality agreement will be entered into between NBU and all Public Power entities participating in this RFP process. B. Proposal Format l. Term Sheet A summary of the principal features of the Proposal, including offered pricing and/or a financing structure as well as critical development and operational aspects of the proposal. 2. Business Or�anization and Financial Ca�abilitX In order for NBU to assess the financial health of the Proposer, the proposal MUST include the following information: • Full name and address of the proposing organization. Identity of parent company if applicable. • Company ownership structure, form of organization (partnership, corporation, joint venture, limited partnership, limited liability company, or sole proprietor, etc. ). • Names of principal officers of the organization or general partner if any • Description of financial structure of the company. • Description of the financial capability of the company to meet its obligations in the Proposal, including relevant information of the Proposer, any parent company and any partners involved in the proposal. • Evidence of creditworthiness of the Proposer and/or Proposer's guarantor, including ability to obtain and secure financing for new projects, sources of equity and long term debt, and bank/financial institution references. • Proposed construction and operational securities amounts. • Profile of qualifications to do business in the State of Texas. • Primary contact information for individuals responsible for the Proposal and authorized to mana e contract ne otiations. ii�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t��t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t� New Braunfels Utilities Request For Proposals Page � 7 • Audited financial statements. • Any other information deemed appropriate by the Proposer. 3. Corporate and Professional Experiences The Proposal shall at a minimum address the following: • Experience with the proposed technology; development, management, operation and maintenance of proj ects of a similar type, size and scope. • Descriptions of generating facilities of the same technology type (including nameplate, gross and net capacities) that have been constructed, owned and/or operated by Proposer and/or its parent company that are in service, projected to be constructed and/or to be placed into commercial operation; • For new construction projects: qualifications of permitting, engineering, construction, operating and environmental team members that will be assigned to the project; including any experience working with ERCOT, municipal, co- op and investor-owned electric utilities in the development of renewable facilities; and • Other relevant information that the Proposer determines to be beneficial in assisting AE in its evaluation of the project. 4. Pro�osal Price and Cost Proposers must identify all pricing elements that are included and will determine the cost of supplying the renewable capacity and energy. NBU prefers a fixed, non-escalating price for the term of the PPA. Proposer should state a fixed price in U.S. dollars per megawatt-hour ($/MWh) for the renewable energy delivered to the Point of Delivery, including all environmental attributes/renewable energy credits attributable thereto, for the term of the PPA. Any non-fixed pricing should be stated as a schedule of annual prices and amounts. Additionally, the Proposer may identify the option of further development of the solar generating facility to include the addition of storage at some point in the future. New Braunfels Utilities Request For Proposals Page � 8 Section IV - Proposal Submittal Proposer must submit a pdf (portable document format) of the proposal together with supporting documentation and information to the email address specified in Section LD. on or before the RFP response deadline. Please do not submit any single email containing more than 15 MB of data. If the proposal and supporting documentation contains more than 15 MB of data, please divide and submit multiple emails in order to stay below the 15 MB data limit. Please Note: Proposers will receive an automatic email reply that NBU has received your proposaL If you do not receive one, please contact David Hubbard at_��u,�l��r�r�(��7,;��r�,�t�°��,��rr��, immediately to investigate. All proposals must include a statement that they are valid for a minimum period of ninety (90) days subsequent to the RFP response deadline. Section V- Evaluation Factors and Award A. Eligibility/Competitive Selection This procurement will comply with applicable New Braunfels Utilities procurement policies. Eligible Proposers are those that have demonstrated sufficient experience and financial strength to ensure reliable delivery of energy under the terms of a PPA and are not otherwise suspended from contracting with New Braunfels Utilities. The evaluation factors outlined below shall be applied to all eligible, responsive Proposers. Qualifying proposals will be assessed in order to identify the best proposal in NBU's discretion. NBU may choose to award multiple contracts or may choose to not award any contracts. New Braunfels Utilities Request For Proposals Page � 9 B. Evaluation Factors The following provides a list of factors that will be used by NBU in evaluating Proposals. The list is not necessarily all inclusive, nor does it list the factors in any order of importance: 1. Corporate and Professional Experience with product offered (Max Value 15 points) 2. Proposer's Financial Strength and Structure (Max Value 15 points) 3. Project concept/Operational Viability (Max Value 15 points) • Design Concept • Project Schedule and Current Status • Site Control • Permitting • Interconnection Status • Financing Plan • Expected Capacity Factors/Energy Output Profile • Expected Commercial Operation Date • Ability to best integrate and benefit NBU's Portfolio 4. Total Evaluated Cost (Max Value 55 points) • Operational Flexibility • Transmission Congestion/Location Risk • Energy Delivery Schedule • Net Present Energy Value • Effective Delivered Price NBU will assign a maximum of 15 point to the evaluation score for items 1 through 3 of the evaluation factors. Item 4 will be assigned a maximum evaluation score of 55 points. The four evaluation scores will be added together to select the best and most advantages proposal considering the factors herein. NBU reserves the right to consider any other factors that it deems relevant and to request additional information or supplemental materials from Proposers to thoroughly evaluate proposals submitted in response to this RFP. Such other relevant factors may include, but are not limited to previous dealings and business relationships of the Proposer or any parent, subsidiary, affiliate, joint-venture, or partner of the Proposer with NBU, and such other factors as determined by NBU in its sole discretion. New Braunfels Utilities Request For Proposals Page � 10 C. Proposal Recommendation NBU shall evaluate all Proposals in accordance with the above evaluation factors and make a recommendation to the executive management of NBU. Upon their concurrence, NBU may seek approval from the New Braunfels Board of Trustees to negotiate and execute a PPA. Section VI - Negotiation and Award of Contracts Contract documents will be prepared by NBU, incorporating all applicable provisions of the best evaluated proposal(s) and will include terms and provisions subject to ERCOT Protocols and Operating Guides. Under the terms of the PPA, the Seller will be expected to agree to project development milestones and minimum performance standards, and will be required to post related performance security and maintain adequate property insurance coverage for the value of the project covered by the PPA. Any executed PPA may not be assigned without the express consent and approval of NBU. Section VII— Additional Instructions and Information l. All Information True Proposer represents and warrants to NBU that all information provided in the proposer's response shall be true, correct, and complete. Proposers who provide false, misleading, or incomplete information, whether intentional or not, in any of the documents presented to NBU for consideration in the selection process shall be excluded. 2. Costs of Responses NBU will not be responsible for the costs incurred by anyone in the submittal of responses. 3. No Obligation By publishing this request for proposals, NBU is under no obligation to enter into a contract with any proposer and reserves the right to cancel the entire process. 4. Right to Reject Responses NBU also reserves the right to reject any or all responses and to waive any or all formalities or technicalities. 5. Statement of Statutory Compliance A proposer submitting a response to this request must submit a verified statement that it does not boycott Israel and will not boycott Israel during the term of this agreement as described in Chapter 2270 of the Texas Government Code as amended. Failure to comply with this requirement is grounds for disqualification; however, NBU reserves the right to contact a proposer who fails to comply initially to correct the omission or to confirm the proposer's policy. New Braunfels Utilities Request For Proposals Page � 11 ORDINANCL NO. AN ORDTNANCI3 OF �I`HE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A CONFIDENTIALITY AGREEMENT BETWEEN THE CITY AND NEW BI2AUNFELS UTILITIES ("NBU"); PROVIDING FOR A SEVERABILI'I'Y CLAtJSE; AND PROVIDING FOR AN �FFECZ'IVE DATE. WHEREAS, NEW BRAUNFELS UTILTIES ("NBU") is a municipally owned utiliry owned by the City of N�w Braunfels, `�I'exas; WHEREAS, the Ci�y, a Texas honie-rule municipal corporation, owns and operates an electric utility which operates under the trade name of Denton Municipal Electric ("DME"); WHER�AS, NBU has issued a request for proposals ("RFP") for the purchase of electric power and capacity generated from solar energy; WHEREAS, NBU has o�fered to allow DME and other municipally-owned utilities to participate as a possible renewable power purchaser under their RFP; WHEREAS, DME desires to participate in NBU's RFP with the City as a possible power purchaser with a goal of procuring renewable solar electric power at a favorable price due to an enhanced economies of scale; WHEREAS, NBU requires that each municipal uCility participating in the RFP execute a coniidentiality agreement with NBU to ensure that any iilformation marked by RFP respondents as confidential would be handled appropriately; WHEREAS, the City Council finds i� is in the public interest for the City Manager, or his designee, to execute the attached Confidentiality Agreernent after approval of the same by the City Attorney, or his designee. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Oi•dinance are incorporated herein by reference. SECTION 2. "The City Manager, or his designee, is authorized to execute the Confidentiality Agreement with New Braunfels Utilities (attached as Exhibit `A' and incorporated herein for all purposes) after the same has been approved by the City Attorney, without further authority, guidance, or direction from the City Council, and is further authorized to carry out the rights, duties, obligations and responsibilities of the City under the Agreement. SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase or word in �hisordinance, or application thereof to any person or circunlstances 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 Den�on, Texas, hereby declares it would have enacted such remaining portions despite any such ii�validity. SECTION 4. Tl1is Ordinance shall become effective immediately upon i�s passage and approval. PASSED AND APPROVED this the day of , 2018. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AI'PROV�D AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� File #: ID 18-619, Version: 1 Legislation Text AGENDA CAPTION Hold a third public hearing and consider adoption of an ordinance of the City of Denton, Texas amending the Code of Ordinances, related to Chapter 2 titled "Administration" Article XI titled "Ethics" and providing for findings of fact, repealer, severability, codification, effective date, proper notice and meeting. City of Denton Page 1 of 1 Printed on 4/13/2018 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 City Manager's Office Bryan Langley April 17, 2018 SUBJECT Hold a third public hearing and consider adoption of an ordinance of the City of Denton, Texas amending the Code of Ordinances, related to Chapter 2 titled "Administration" Article XI titled "Ethics" and providing for findings of fact, repealer, severability, codification, effective date, proper notice and meeting. BACKGROUND On November 7, 2017 a charter election was held in which Proposition D was approved by the voters and required the City adopt an ethics ordinance in accordance with Texas law and with adherence to certain minimum standards. Shortly after the election the City Council directed staff to hire attorney Alan Bojorquez to assist in the development of an ethics ordinance. Prior to commencing the drafting process the City Council completed two (2) hours of formal training on ethics laws and common components of municipal ethics policies in Texas. The City Council held a series of five (5) meetings from December 2017 to February 2018 to discuss various elements of an ethics ordinance and provide direction in the creation of an ethics ordinance. The first draft of an ethics ordinance, Draft "A", was presented to City Council on March 6, 2018. A second draft of an ethics ordinance, Draft "B", was presented to City Council on March 20, 2018. A third draft of an ethics ordinance, Draft "C", was presented to City Council on April 3, 2018. This ordinance is based on a broad sampling of more than nineteen (19) municipal ethics policies and over nineteen (19) hours of discussion with City Council. This ordinance would apply to the Mayor, City Council, Planning and Zoning, Zoning Board of Adjustment, Public Utilites Board, department heads appointed by City Council, and vendors. Staff plans to bring forward an ethics policy to be adopted by City Council for City employees along with the ethics ordinance. A third public hearing was included at the request of City Council to provide citizens an additional opportunity to provide feedback on the current draft ethics ordinance. Additionally, citizens can provide comments through the website on the ethics ordinance development page and by emailing staff or City Council. Included as Exhibit 2 is an ethics ordinance based on the feedback that staff has received during the prior City Council meetings. PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 14, 2017- City Council directed staff to hire attorney Alan Bojorquez. December 5, 2017- The first meeting with attorney Alan Bojorquez was held. December 19, 2017- The second meeting with attorney Alan Bojorquez was held. January 27, 2018- The third meeting with attorney Alan Bojorquez was held. February 6, 2018- The fourth meeting with attorney Alan Bojorquez was held. February 20, 2018- The fifth meeting with attorney Alan Bojorquez was held. March 6, 2018- Ethics Ordinance Draft "A" was presented to City Council. March 20, 2018- Ethics Ordinance Draft "B" was presented and a public hearing was held. Apri13, 2018- Ethics Ordinance Draft "C" was presented and a public hearing was held. 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 EXHIBITS Exhibit 1- Agenda Information Sheet Exhibit 2- Ethics Ordinance Exhibit 3- Presentation Respectfully submitted: Bryan Langley Deputy City Manager Prepared by: Charlie Rosendahl Management Analyst ORDINANCE NO. ETHICS ORDINANCE AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE CODE OF ORDINANCES, RELATED TO CHAPTER 2. TITLED "ADMINISTRATION" ARTICLE XI. TITLED "ETHICS" AND PROVIDING FOR FINDINGS OF FACT, REPEALER, SEVERABILITY, CODIFICATION, EFFECTIVE DATE, PROPER NOTICE AND MEETING. WHEREAS, the City Council of the City of Denton enacts this new Code of Ethics to foster a culture of integrity for those who serve the municipality and our citizenry; and WHEREAS, the City Council strives to increase public confidence in our municipal government; and WHEREAS, the City Council finds that it is the policy of the City that all City Officials and employees shall conduct themselves in a manner that assures the public that we are faithful stewards of the public trust; and WHEREAS, the City Council has determined that city officials have a responsibility to the citizens to administer and enforce the City Charter and City Ordinances in an ethical manner; and WHEREAS, the City Council wants to enhance public confidence in our municipal government, by providing that each city official must strive not only to maintain technical compliance with the principles of conduct set forth in this Article, but to aspire daily to carry out their duties objectively, fairly, and lawfully; and WHEREAS, the City Council enacts this Ordinance to ensure that decision makers provide responsible stewardship of City resources and assets; and WHEREAS, the City Council intends this Ordinance to provide a framework within which to encourage ethical behavior, and enforce basic standards of conduct while providing due process that protects the rights of the complainant and the accused, and not to provide a mechanism to defame, harass or abuse political opponents, or publicize personal grudges; and WHEREAS, on November 4, 2017, Denton voters approved a proposition amending the City Charter so as to require the adoption of an ordinance regulating ethics; and WHEREAS, prior to commencing the drafting process, the City Council completed two (2) hours of formal training on state ethics laws and common components of municipal ethics policies in Texas. WHEREAS, the contents of this draft was selected from a sampling of more than nineteen (19) municipal ethics policies from across Texas. WHEREAS, this document represents the consensus of preferences expressed by the City Council over a period of eight (8) public work sessions, and three (3) public hearing, which were broadcasted. Altogether, the work sessions exceeded nineteen (19) hours of deliberations. WHEREAS, this Code of Ethics was drafted to apply to the Mayor, City Council, P&Z, ZBA, Public Utilities Board, Department Heads appointed by the City Council, and Vendors. WHEREAS, the City Council finds the attached amendments reasonable and necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. FINDINGS OF FACT. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. SECTION 2. AMENDMENT. Chapter 2: Article XI of the City of Denton Code of Ordinances is hereby amended, and after such amendment, shall read in accordance with Attachment "A ", which is attached hereto and incorporated into this Ordinance for all intents and purposes. Any underlined text shall be inserted into the Code and any struck-through text shall be deleted from the Code, as stated on Attachment A. SECTION 3. REPEALER. To the extent reasonably possible, Ordinances are to be read together in harmony. However, all Ordinances, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance including, but not limited to Section 2-62 (Conflict of Interest), are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated, herein. SECTION 4. SEVERABILITY. Should any of the clauses, sentences, paragraphs, sections or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. SECTION 5. CODIFICATION. The City Secretary is hereby directed to record and publish the attached rules, regulations and policies in the City's Code of Ordinances as authorized by Section 52.001 of the Texas Local Government Code. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect upon the date of final passage noted below, or when all applicable publication requirements, if any, are satisfied in accordance with the City's Charter, Code of Ordinances, and the laws of the State of Texas. SECTION 7. PROPER NOTICE & MEETING. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. PASSED & ACKNOWLEDGED on First Reading on this, the day of Apri12018. PASSED & APPROVED on the Second Reading on this, the day of Apri12018. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY : APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY : Attachment "A" CITY OF DENTON CODE OF ORDINANCES CHAPTER 2: ADMINISTRATION ARTICLE XL ETHICS DIVISION 1. GENERAL Sec.2-265. Authority This Article is enacted pursuant to the authority granted to the City under Section _ of the Charter. Sec.2-266. Purpose The purpose of this Article is to foster an environment of integrity for those that serve the City of Denton and our citizenry. The City Council enacted this Article in order to increase public confidence in our municipal government. It is the policy of the City that all City Officials and employees shall conduct themselves in a manner that assures the public that we are faithful stewards of the public trust. City Officials have a responsibility to the citizens to administer and enforce the City Charter and City Ordinances in an ethical manner. To ensure and enhance public confidence in our municipal government, each City Official must strive not only to maintain technical compliance with the principles of conduct set forth in this Article, but to aspire daily to carry out their duties objectively, fairly, and lawfully. Furthermore, this Article was enacted to ensure that decision makers provide responsible stewardship of City resources and assets. It is not the purpose of this Article to provide a mechanism to defame, harass or abuse their political opponents, or publicize personal grudges. Rather, this Article is intended to provide a framework within which to encourage ethical behavior, and enforce basic standards of conduct while providing due process that protects the rights of the Complainant and the Accused. Sec.2-267. Prospective This Article shall apply prospectively, and shall not sustain any Complaints based on acts or omissions alleged to have taken place prior to adoption of this Article. Sec.2-268. Applicability This Article applies to the following persons: (a) City Officials. (b) Former City Officials whose separation from city service occurred less than two (2) years from the date of the alleged violation of this Article. Application of this Article to Former City Officials shall be limited to alleged violations: (1) that occurred during the term as a City Official; (2) of the prohibition on representing others for compensation (§2-273(d)(2)); or (3) of the prohibition of subsequent work on prior projects (§2-273(h)). (c) Vendors; and (d) Complainant(s). Sec.2-269. Definitions The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accepted Complaint: a sworn allegation of a violation of this Article after the required documentation has been submitted to the City Auditor and determined to be administratively complete. Accused: a City Official who has been charged in a Complaint with having violated this Article. Actionable Complaint: an Accepted Complaint that has been deemed by a Panel to contain allegations and evidence that, if accepted as true, would support a finding that a violation of this Article occurred. Advisory Opinions: written rulings regarding the application of this Article to a particular situation or behavior. Article: the Code of Ethics for the City of Denton. Baseless Complaint: a Complaint that does not allege conduct that would constitute a violation of this Article, or that does not provide evidence that, if true, would support a violation of this Article. Board of Ethics: the oversight entity established by the Council to administer this Article. Business Entity: a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, political subdivision, government agency, university, or any other entity recognized by law. Candidate: a person who has filed an application for a place on a ballot seeking public office, or one who has publicly announced the intention to do so. Charged: to be charged with a violation of this Article is to have an Accepted Complaint deemed Actionable. City: the City of Denton in the County of Denton and State of Texas. City Auditor: the person appointed to serve in the capacity provided for by Section 6.04 of the City Charter, or their designee and clerical staff acting in the City Auditor's absence. City Official: for purposes of this Article, the term consists of the Council Members, City Manager, City Attorney, Department Heads, or member of the Planning and Zoning Commission Members, Board of Adjustment, or Public Utilities Board. Code: the Code of Ordinances of the City of Denton, Texas, as such Code may be amended from time to time. Complainant: the human individual who submitted a Complaint to the City. Complaint: written documentation submitted to the City accusing a City Official of violating this Article. Confidential Information: any written information that could or must be excepted from disclosure pursuant to the Texas Public Information Act, if such disclosure has not been authorized; or any non-written information which, if it were written, could be excepted from disclosure under that Act, unless disclosure has been authorized by the City Council or City Manager. Council: the governing body of the City of Denton, Texas, including the Mayor and City Council Members. Deliberations: discussions at the dais; voting as a Member of the Board or Commission; presentations as a member of the audience before any City Board or Commission; conversing or corresponding with other City Officials or Staff. This term does not apply to a general vote on a broad, comprehensive or omnibus motion, such as approval of the City budget. Department Heads: the employees appointed by the City Council, those being the City Manager, City Auditor, City Attorney, and Municipal Court Judge. Former City Official: a City Official whose separation from city service occurred less than two (2) years from the date of an alleged violation of this Article. Frivolous Complaint: a sworn Complaint that is groundless and brought in bad faith or groundless and brought for the purpose of harassment. Interfere: a person interferes with a process or activity pertaining to this section when they intentionally and wrongfully take part in, or prevent, a City process or activity from continuing or being carried out properly or lawfully. Panel: an ad hoc subcommittee of the Board of Ethics consisting of three (3) members assigned by the Chairperson or designated by the City Auditor (as applicable) on a rotating basis, at least one (1) of which is an attorney or retired jurist. PendingMatter: an application seeking approval of apermit or other form of authorization required by the City, State or Federal law; a proposal to enter into a contract or arrangement with the City for the provision of goods, services, real property or other things of value; a case involving the City that is (or is anticipated to be) before a civil, criminal or administrative tribunal. Person: associations, corporations, firms, partnerships, bodies politic and corporate, as well as to individuals. Recklessly: a person acts recklessly when they are aware of but consciously disregard a substantial and unjustifiable risk that a certain result is probable from either their conduct, or in light of the circumstances surrounding their conduct. The risk must be of such a nature and degree that to disregard it constitutes a gross deviation from the standard of care that an ordinary person would exercise under the circumstances. Relative: a family member related to a City Official within the third (3rd) degree of affinity (marriage) or consanguinity (blood or adoption). Shall: a mandatory obligation, not a permissive choice. Special Counsel: an independent, outside attorney engaged by the City to advise the City as an organization and/or the Board of Ethics. Vendor: a person who provides or seeks to provide goods, services, real property to the City in exchange for compensation. Sec. 2-270. Cumulative & Non-Exclusive This Article is cumulative of and supplemental to all applicable provisions of the City Charter, other City Ordinances, and State/Federal laws and regulations. Compliance with this Article does not excuse or relieve any person from any obligation imposed by any other Rule. Attempts to enforce this Article shall be construed as foreclosing or precluding other enforcement options provided by other law. DIVISION 2. RULES OF CONDUCT Sec.2-271. Expectations The following list conveys the City Council's expectations for City Officials. These expectations are aspirational, and shall not serve as the basis for a Complaint. (a) City Officials are expected to conduct themselves in a manner that fosters public trust. (b) City Officials are charged with performing their public duties in a way that proj ects a high level of personal integrity and upholds the integrity of the organization. (c) City Officials must avoid behavior that calls their motives into question and erodes public confidence. (d) City Officials shall place the municipality's interests and the concerns of those the City serves above private, personal interests. (e) Those who serve the City are expected to value honesty, trustworthiness, diligence, objectivity, fairness, due process, efficiency, and prudence as values the City professes. (f) City Officials must balance transparency with the duty to protect personal privacy and preserve the confidential information with which the City has been entrusted. (g) It is neither expected nor required that those subject to this Article relinquish or waive their individual rights. Sec.2-272. Mandates (a) Duty to Report. City Officials shall report any conduct that the person knows to be a violation of this Article. Failure to report a violation of this Article is a violation of this Article. For purposes of this section, submittal of a Complaint or a report made to the Fraud, Waste or Abuse hotline shall be considered to be a report under this Section. A report to the hotline may remain anonymous unless disclosed by the caller. (b) Financial Disclosures. All Candidates for City Council, including Candidates for Mayor, shall file financial information reports as required by, and in accordance with, State law. All prospective Vendors and City Officials shall file disclosure forms as required by, and in accordance with, State law. (c) Business Disclosures. All City Officials shall file with the City Auditor annual reports listing the names of human individuals with whom the City Official is named partner in the following types of businesses: General Partnership, Limited Partnership, Limited Liability Partnership, or Limited Liability Corporation, or Professional Corporation. Annual reports shall be submitted within ninety (90) days of taking office. Failure to submit a report shall not serve as a basis for a Complaint unless the City Official fails to submit a report within thirty (30) days of being provided written notification of the omission. Neither the existence of a business relationship as described in this Section, nor the submission of a report required by this Section shall prevent a City Official from participating in Deliberations on matters pending before the City absent a Conflicting Interest. Sec.2-273. Prohibitions (a) Conflicts of Interest: (1) Deliberation Prohibited. It shall be a violation of this Code for a City Official to knowingly deliberate regarding a Pending Matter for which the City Official currently has a Conflicting Interest. City Officials with a current Conflicting Interest in a Pending Matter must recuse themselves and abstain from Deliberations. It is an exception to this recusal requirement if the City Official serves on the City Council, Planning and Zoning Commission, or Board of Adjustment; and a majority of the members of that body is composed of persons who are likewise required to file (and who do file) disclosures on the same Pending Matter. (2) Disclosure Required. If a City Official has a Conflicting Interest in a Pending Matter, the City Official shall disclose the nature of the Conflicting Interest by filing a sworn statement with the City Auditor. Disclosures under this subsection shall be for the time period, including the previous calendar year, and up to date where the Conflicting Interest arises before the City Official. (3) Definition of ConfZicting Interest. For purposes of this Article, the term is defined as follows: ConfZicting Interest: a stake, share, equitable interest or involvement in an undertaking in the form of any one (1) or more of the following: (A) ownership of five percent (5%) or more voting shares or stock in a Business Entity; (B) receipt of more than six-hundred dollars ($600.00) in gross annual income from a Business Entity; (C) ownership of more than six-hundred dollars ($600.00) of the fair market value of a Business Entity; (D) ownership of an interest in real property with a fair market value of more than six-hundred dollars ($600.00); (E) serves on the Board of Directors or as an Officer of a Business Entity, unless the City Official was appointed to that position by the City Council; and/or (F) serves on the Board of Directors or as an Officer of a nonprofit corporation or an unincorporated association, unless the City Official was appointed to that position by the City Council. A City Official is considered to have a Conflicting Interest if the City Official's relative has a conflicting interest. The term Conflicting Interest does not include ownership of an interest in a mutual or common investment fund that holds securities or assets unless the City Official participates in the management of the fund. (b) Gifts. (1) General. It shall be a violation of this Article for a City Official to accept any gift that might reasonably tend to influence such Officer in the discharge of official duties. (2) Specific. It shall be a violation of this Article for a City Official to accept any gift for which the fair market value is greater than fifty dollars ($50.00). It shall be a violation of this Article for a City Official to accept multiple gifts from a single source for which the cumulative fair market value exceeds two-hundred dollars ($200.00) in a single fiscal year. (3) It shall be a violation of this Article for a Vendor to offer or give a Gift to a City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts cumulatively valued at more than two-hundred dollars ($200.00) per a single fiscal year. (4) Definition of Gift. Anything of monetary value, including but not limited to cash, the extension of credit, personal property, real property, services, meals, entertainment, and travel expenses. (5) Exceptions. This definition shall not apply to the following, which are allowed under this Article: (A) a lawful campaign contribution; (B) meals, lodging, transportation, entertainment, and related tra�el expenses paid for (or reimbursed by) the City in connection with the City Official's attendance at a conference, seminar or similar event, or the coordinator of the event; (C) meals, lodging, transportation, or entertainment furnished in connection with public events, appearances or ceremonies related to official City business, or charity functions, or community events, if furnished by the sponsor of such events (who is in attendance); (D) complimentary copies of trade publications and other related materials; (E) attendance at hospitality functions at local, regional, state or national association meetings and/or conferences; (F) any gift that would have been offered or given to the City Official because of a personal, familial, professional relationship regardless of the City Official's capacity with the City; (G) tee shirts, caps and other similar promotional material; (H) complimentary attendance at political or charitable fund raising events. (6) Donations. It is not a violation under this Article for a City Official to accept a Gift prohibited by this Article on behalf of the City of Denton. Conveyance of a Gift prohibited by this Article to the City of Denton or a nonprofit corporation cures any potential violation. (c) Outside Employment. (1) Applicability ofSection. This subsection applies to Department Heads. (2) Prohibition. It is a violation of this Article for a Department Head to solicit, accept, or engage in concurrent outside employment which could reasonably be expected to impair independence of judgment in, or faithful performance of, official duties. (3) Disclosure and Consent. It is a violation of this Article for a Department Head to accept employment from any Person other than the City without first disclosing the prospective employment arrangement in writing to the Mayor and receiving the Mayor's written consent. (d) Representation of Others. (1) Current City O�cials. It shall be a violation of this Article for a City Official to represent for compensation any person, group, or entity before the City. For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. (2) Former City Officials. It shall be a violation of this Article for a City Official to represent for compensation any person, group, or entity before the City for a period of two (2) years after termination of official duties. For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. The prohibition in this subsection solely applies to the Former City Official, and shall not be construed to apply to other Persons. (e) Improper Influence. It shall be a violation of this Article for a City Official to use such person's official title/position to: (1) secure special privileges or benefits for such person or others; (2) grant any special consideration, treatment or advantage to any citizen, individual, business organization or group beyond that which is normally available to every other citizen, individual, business organization or group; (3) assert the prestige of the official's or employee's City position for the purpose of advancing or harming private interests; (4) state or imply that the City Official is able to influence City action on any basis other than the merits; and (5) state or imply to state or local governmental agencies that the City Official is acting as a representative of the City, as an organization, or as a representative of the City Council without first having been authorized by the City Council to make such representation (except the Mayor, City Manager, and City Attorney). (f) Misuse of Information. (1) Personal Gain. It shall be a violation of this Article for a former City Official to use any confidential information to which the City Official had access by virtue of their official capacity and which has not been made public concerning the property, operations, policies, or affairs of the City, to advance any personal or private financial interest of any Person. (2) Confidential Information. It shall be a violation of this Article for a City Official to intentionally, knowingly, or recklessly disclose any confidential information gained by reason of the City Official's position concerning the property, operations, policies or affairs of the City. This rule does not prohibit the reporting of illegal or unethical conduct to authorities designated by law. (g) Abuse of Resources. It shall be a violation of this Article for a City Official to use, request, or permit the use of City facilities, personnel, equipment, software, supplies, or staff time for private purposes (including political purposes), except to the extent and according to the terms that those resources are generally available to other citizens and the City Officials for official City purposes. (h) Abuse of Position. It shall be a violation of this Article for any City Official to: (1) Harassment & Discrimination. Use the Official's position to harass or discriminate against any person based upon ethnicity, race, gender, gender identity, sexual orientation, marital status, parental status, or religion. (2) Interference. Interfere with any criminal or administrative investigation alleging the violation of any provision of this Article, the City Charter, administrative policy or executive order in any manner, including but not limited to seeking to persuade or coerce City employees or others to withhold their cooperation in such investigation is a violation of this Article. (i) Subsequent Work on Prior Projects. It shall be a violation of this Article for any former City Official, within one (1) year of the cessation of official duties for the City, to perform work on a compensated basis relating to a City contract or arrangement for the provision of goods, services, real property or other things of value, if while in City service the former City Official personally and substantially participated in the negotiation, award or administration of the contract or other arrangement. This Section does not apply to a City Official whose involvement with a contract or arrangement was limited to Deliberations as a member of the City Council, Planning and Zoning Commission, Board of Adjustment, or Public Utilities Board. DIVISION 3. IMPLEMENTATION Sec.2-274. Staffing (a) City Auditor. The City Auditor's Office shall be responsible to provide staff and clerical support to the Board of Ethics to assist in the implementation and enforcement of this Article. The degree of support required shall be at the discretion of the City Auditor. Nothing herein creates a duty for the City Auditor to enforce this Article. Furthermore, this Article shall not be construed as requiring the City Auditor to investigate allegations of violations of this Article submitted via the Fraud, Waste or Abuse hotline. (b) Conflicts Log. The City Auditor's Office shall, in cooperation with the City Secretary's Office, maintain a Conflicts Log on an ongoing basis listing the Conflicting Interests disclosed by City Officials in accordance with this Article. The log is a public record. The City Auditor is neither authorized nor required to inspect or act upon the content of the Conflicts Log. (c) City Manager. If a Complaint accuses the City Auditor of violating this Article, the duties of the City Auditor under this Article shall be performed by the City Manager for purposes of processing that Complaint. Sec. 2-275. Legal Counsel (a) City Attorney. The City Attorney shall provide legal support to the Board of Ethics. (b) Special Counsel. Independent, outside legal services shall be engaged by the City Attorney on the City's behalf to provide legal support to the Board of Ethics when: (1) in the City Attorney's discretion it is necessary in order to comply with the Texas Disciplinary Rules of Professional Conduct (for lawyers), or is in the best interest of the City; or (2) when the City Council deems Special Counsel is necessary. Sec.2-276. Training (a) Curriculum. The City Auditor shall approve a training program that provides an introduction and overview of the expectation, mandates and prohibitions provided for by this Article. (b) Orientation. City Officials shall complete a training session regarding this Article within ninety (90) days of commencing the official duties. (c) Annual. City Officials shall complete an annual training session regarding this Article. (d) Exiting Officials. Information shall be provided to City Officials terminating their City service regarding the continuing restrictions on the representation of others by certain former City Officials. Sec. 2-277. Board of Ethics (a) Creation. There is hereby created a Board of Ethics for the City of Denton. (b) Appointment. The Board of Ethics shall be appointed by majority vote of the City Council. (c) Number. The Board of Ethics shall consist of seven (7) regular members. (d) Terms. Board of Ethics members (regular and alternates) shall be appointed for two (2) year, staggered terms. Members may be reappointed for successive terms. Appointment to fill a vacancy shall be for the remainder of the unexpired term. Members of the inaugural Board of Ethics shall draw straws to determine which three (3) members shall receive an initial term of one (1) year in order to stagger terms. In total, members may only serve three (3) terms. (e) Eligibility. Membership on the Board of Ethics is limited to residents of the City of Denton. Preference in appointments shall be given to professionals such as attorneys, architects, engineers, doctors, teachers, pastors, mediators, retired jurists, licensed professional counselors, and those with licenses demonstrating high levels of education or master craftsmanship in the building trades. The Board shall be comprised of at least three (3) members who are attorneys or retired jurists. (f) Ineligibility. The following shall disqualify a person from serving on the Board of Ethics: (1) current service as a City Official; (2) separation from city service as a City Official within two (2) years of the appointment; (3) familial relations within the third (3rd) degree of affinity (marriage) or consanguinity (blood or adoption); (4) current service as an elected official in Denton County; and / or (5) conviction of a felony, or crime of moral turpitude. (g) Alternates. Alternate members of the Board of Ethics shall attend meetings only upon request by the City Auditor's Office. The role of an alternate is to participate in meetings of the Board of Ethics as a replacement for a regular member who is absent or abstaining. (h) Scope of Authority. The Board of Ethic's jurisdiction shall be limited to implementation and enforcement of this Article. (i) Amendments. The Board of Ethics may recommend amendments to this Article. A recommendation from the Board of Ethics is not required for the City Council to exercise its discretion in amending this Article. (j) Ofiicers. At the first meeting of each fiscal year the Board of Ethics shall select from among its members a Chairperson and Vice-Chairperson. (k) Rules of Procedure: The Board of Ethics shall adopt rules of procedure governing how to conduct meetings and hearings. Such procedural rules are subject to confirmation or modification by the City Council. (1) Removal: The City Council may by a vote of two-thirds (2/3) remove a member of the Board of Ethics for cause. Sec. 2-278. Advisory Opinions (a) Requests. Any City Official may request an Advisory Opinion on a question of compliance with this Article. Requests shall be submitted in writing to the City Auditor, who shall assign the request to a Panel. (b) Issuance. A Panel of the Board of Ethics shall issue Advisory Opinions upon request. Advisory Opinions shall be issued within thirty (30) days of receipt of the request. (c) Reliance. It shall be an affirmative defense to a Complaint that the Accused relied upon an Advisory Opinion. In making a determination on the proper disposition of a Complaint, the Board of Ethics may dismiss the Complaint if the Board finds that: (1) the Accused reasonably relied in good faith upon an Advisory Opinion; (2) the request for an Advisory Opinion fairly and accurately disclosed the relevant facts; and (3) less than five (5) years elapsed between the date the Advisory Opinion was issued and the date of the conduct in question. Sec.2-279. Complaints (a) Complainants. Any person who has first-hand knowledge that there has been a violation of Sections 2-272 and 2-273 of this Article may allege such violations by submitting a Complaint. The persons who may submit Complaints includes (but is not limited to) members of the Board of Ethics. (b) Form. Complaints shall be written on, or accompanied by, a completed form promulgated by the City Auditor. (c) Contents. A Complaint filed under this section must be in writing and under oath and must set forth in simple, concise, direct statements and must state: (1) the name of the Complainant; (2) the street or mailing address, email address, and the telephone number of the Complainant; (3) the name of each person Accused of violating this Article; (4) the position or title of each person Accused of violating this Article; (5) the nature of the alleged violation, including (whenever possible) the specific provision of this Article alleged to have been violated; (6) a statement of the facts constituting the alleged violation and the dates on which or period of time in which the alleged violation occurred; and (7) all documents or other material available to the Complainant that are relevant to the allegation. (d) Violation Alleged. The Complaint must state on its face an allegation that, if true, constitutes a violation of this Article. (e) Affidavit. A Complaint must be accompanied by an affidavit stating that the Complaint is true and correct or that the Complainant has good reason to believe and does believe that the facts alleged constitute a violation of this Article. The Complainant shall swear to the facts by oath before a Notary Public or other person authorized by law to administer oaths under penalty of perjury. (f) Limitations Period. To be accepted, a Complaint must be brought within six (6) months of the Complainant becoming aware of the act or omission that constitutes a violation of this Article. A Complaint will not be accepted more than two (2) years after the date of the act or omission. (g) Filing. Complaints shall be submitted to the City Auditor. Submission of Complaints may be made by hand delivery, by U.S. Mail, or email directed to an email address publicly listed by the City Auditor. (h) Acceptance of Complaint. Within five (5) business days of receiving a Complaint, the City Auditor shall determine if it is administratively complete, and timely. (1) Administratively Complete. A Complaint is administratively complete if it contains the information described above. If the Complaint is administratively complete, the City Auditor shall proceed as described in this Article. If the Complaint is incomplete the City Auditor shall send a written deficiency notice to the Complainant identifying the required information that was not submitted. The Complainant shall have ten (10) business days after the date the City Auditor sends a deficiency notice to the Complainant to provide the required information to the City Auditor, or the Complaint is automatically deemed abandoned and may not be processed in accordance with this Article. Within five (5) business days of a Complaint being abandoned, the City Auditor shall send written notification to the Complainant and the Accused. (2) Timely. To be timely, a Complaint must be brought within six (6) months of the Complainant becoming aware of the act or omission that constitutes a violation of this Article. A Complaint will not be accepted more than two (2) years after the date of the act or omission. (i) Notification of Acceptance. Within five (5) business days of determining that a Complaint is administratively complete, the City Auditor shall send a written notification of acceptance to the Complainant, the Accused, and the City Attorney. For purposes of this provision, a Complaint shall be considered Accepted when the City Auditor has deemed the submittal administratively complete, and timely. (j) Confidentiality. A Complaint that has been submitted to the City is hereby deemed confidential until such time as the Complaint is either dismissed or placed on an agenda for consideration by the Board of Ethics in accordance with this Article. Clerical and administrative steps shall be taken to identify and manage confidential information in accordance with this Article. The confidentiality created by this Article includes the fact that a Complaint was submitted and the contents of that Complaint. It shall be a violation of this Article for a City Official to publicly disclose information relating to the filing or processing of a Complaint, except as required for the performance of official duties or as required by law. Requests for records pertaining to Complaints shall be responded to in compliance with the State law. The limited confidentiality created by this Article is limited in scope and application by the mandates of the Texas Public Information Act, Chapter 552 of the Texas Government Code. (k) Ex Parte Communications. After a Complaint has been filed and during the pendency of a Complaint before the Board of Ethics, it shall be a violation of this Article: (1) for the Complainant, the Accused, or any person acting on their behalf, to engage or attempt to engage directly or indirectly about the subject matter or merits of a Complaint in ex parte communication with a member of the Board of Ethics or any known witness to the Complaint; or (2) for a Member of the Board of Ethics, to knowingly allow an ex parte communication about the subject matter or merits of a Complaint, or to communicate about any issue of fact or law relating to the Complaint directly or indirectly with any person other than a Member of the Board of Ethics, the City Auditor's office, the City Attorney's office, or Special Counsel. Sec. 2-280. Preliminary Assessment (a) Referral to Chairperson. Accepted Complaint(s) shall be referred to the Chairperson of the Board of Ethics within five (5) business days of being determined administratively complete. (b) Assignment of PaneL Within five (5) business days of receiving an Accepted Complaint, the Chairperson of the Board of Ethics shall assign the Complaint to a Panel for Preliminary Assessment. The Chairperson shall order a meeting of the Panel, which shall be conducted in compliance with the Texas Open Meetings Act. Each Panel shall select a Presiding Officer to conduct Panel deliberations. (c) Panel Determination. Within ten (10) business days of being assigned an Accepted Complaint, the Panel shall review the Complaint on its face and determine whether the Complaint is: (1) Actionable: the allegations and evidence contained in the Complaint, if true, would constitute a violation of this Article. (2) Baseless: the allegations and evidence contained in the Complaint, if true, would not constitute a violation of this Article. Actionable Complaints shall be returned to the Chairperson for listing on an agenda for a public hearing. Baseless Complaints shall be dismissed. Written notification of the Panel's determination shall be filed with the City Auditor and sent to the Chairperson, Complainant, the Accused, and the City Attorney within two (2) business days. Written notifications of dismissal shall include notice of the right to appeal. (d) Appeals. A Panel's preliminary assessment under this Section 2-280 may be appealed to the Board of Ethics by either the Complainant or the Accused, as applicable. An appeal shall be perfected by filing a written notice of appeal with the City Auditor within ten (10) business days of the date of the written notification. Sec.2-281. Meetings (a) Calling Meetings. Meetings of the Board of Ethics shall be called upon request of the Chairperson, three (3) members, or the City Auditor. (b) Quorum. The quorum necessary to conduct meetings of the Board of Ethics shall be four (4). The Chairperson (or acting chairperson) shall count toward the establishment of a quorum and retains the right to vote. (c) Hearings: (1) Scheduling: Hearings shall be scheduled by the City Auditor upon the filing of: (A) a Panel determination that a Complaint is Actionable; or (B) an Appeal challenging a Panel's dismissal of a Complaint as Baseless. (2) Purpose: The purpose of the hearing(s) shall be solely to determine whether: (A) a violation of this Article occurred, and if so to assess the appropriate sanction; (B) an Accepted Complaint was erroneously dismissed as Baseless by a Panel; and/ or (C) an Accepted Complaint is Frivolous. (3) Sworn Testimony: All witness testimony provided to the Board of Ethics shall be under oath. (4) Burden of Proof Because the burden of showing that a violation of this Article occurred is placed on the Complainant, it is the Complainant that has the obligation to put forth evidence, including testimony, supporting the Complaint. The Complainant is required to testify at the hearing. A Complainant's failure to testify at a hearing shall be grounds for dismissal of a Complaint. (5) Representation: The Accused shall have a right to present a defense. Both the Complainant and the Accuser have a right to be represented by legal counsel. (d) Open Meetings. All meetings and hearings of the Board of Ethics, including Panel deliberations, shall be conducted pursuant to the Texas Open Meetings Act. The Board of Ethics may convene in Executive Session (i.e., conduct a closed meeting) as allowed by the Act. All final actions of the Board of Ethics shall take place in open session. (e) Postponement in Certain Instances. (1) Proceedings may be postponed upon majority vote by the members of the Board of Ethics. (2) The Complainant and the Accused are each entitled to one (1) postponement without cause. Additional postponements shall be solely for good cause and at the discretion of the Board of Ethics. (3) If a Complaint alleges facts that are involved in a criminal investigation or a criminal proceeding before a grand jury or the courts, the Board of Ethics may, when a majority of its members deem appropriate, postpone any hearing or any appeal concerning the Complaint until after the criminal investigation or criminal proceedings are terminated. Sec.2-282. Disposition (a) DismissaL If the Board of Ethics determines at the conclusion of a hearing by simple majority vote of its members that a Complaint should be dismissed, it may do so upon finding: (1) the Complaint is Baseless; (2) the alleged violation did not occur; (3) the Accused reasonably relied in good faith upon an Advisory Opinion, as provided in this Article; or (4) the Complainant failed to testify at the hearing. (b) Sanctions. If the Board of Ethics determines at the conclusion of a hearing that a violation has occurred, it may within ten (10) business days impose or recommend any of the following sanctions: (1) Letter of Notification. If the violation is clearly unintentional, or when the Accuser's action was made in reliance on a written opinion of the City Attorney. A letter of notification shall advise the Accused of any steps to be taken to avoid future violations. (2) Letter of Admonition. If the Board of Ethics finds that the violation is minor and may have been unintentional, but calls for a more substantial response than a letter of notification. (3) Letter of Reprimand. If the Board of Ethics finds that the violation: (A) was minor and was committed knowingly, intentionally or in disregard of this Article; or (B) was serious and may have been unintentional. (4) Recommendation of Suspension. If the Board of Ethics finds that a violation was committed by a Member of the Planning & Zoning, or Zoning Board of Adjustment, or a Department Head, and it: (A) was serious and was committed knowingly, intentionally or in disregard of this Article or a state conflict of interest law; or (B) was minor but similar to a previous violation by the Person, and was committed knowingly, intentionally or in disregard of this Article. The final authority to impose a suspension rests with the City Council. (5) Ineligibility. If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year. Notice of all sanctions imposed by the Board of Ethics shall be transmitted to the Accused, Complainant, City Auditor, City Attorney, and City Council. (c) Frivolous. (1) Prohibition. It is a violation of this Article for a Person to submit a Frivolous Complaint. (2) Super-Majority Vote. If the Board of Ethics determines at the conclusion of a hearing by a vote of two-thirds (2/3) of its Members that a Complaint was Frivolous, the Board may impose a sanction as provided by Section 2-282(b). (3) Factors. In making a determination on frivolity, the Board of Ethics shall consider the following factors: (A) the timing of the sworn Complaint with respect to when the facts supporting the alleged violation became known or should have become known to the Complainant, and with respect to the date of any pending election in which the Accused is a Candidate or is involved with a candidacy, if any; (B) the nature and type of any publicity surrounding the filing of the sworn Complaint, and the degree of participation by the Complainant in publicizing the fact that a Complaint was filed; (C) the existence and nature of any relationship between the Accused and the Complainant before the Complaint was filed; (D) if the Accused is a Candidate for Election to Office, the existence and nature of any relationship between the Complainant and any Candidate or group opposing the Accused; (E) any evidence that the Complainant knew or reasonably should have known that the allegations in the Complaint were groundless; and (F) any evidence of the Complainant's motives in filing the Complaint. (4) External Remedies. Complainants who submit Frivolous Complaints are hereby notified that their actions may subject them to criminal prosecution for perjury (criminal prosecution), or civil liability for the torts of defamation or abuse of process. Sec.2-283. Reconsideration The Complainant or Accused may request the Board of Ethics to reconsider its decision. The request must be filed with the City Auditor within five (5) business days of receiving the final opinion of the Board of Ethics. The request for reconsideration shall be sent to the Chairperson of the Board of Ethics and the non-filing party (Complainant or Accused). If the Chairperson finds, in the Chairperson's sole discretion, that the request includes new evidence that was not submitted at a prior hearing, and that the new evidence bears directly on the Board of Ethic's previous determination, the Chairperson shall schedule a hearing on the request for reconsideration to occur within thirty (30) business days after filing with the City Auditor. Absent new evidence, the Chairperson shall unilaterally dismiss the request for reconsideration and provide to the Parties. Sec.2-284. Nepotism (a) City Council. No Person shall be employed by the City who is related to any member of the City Council within the third (3rd) degree of affinity or consanguinity. (b) Department Supervisor. No Person shall be employed by the City in a department if the Person is related to the City Manager or the department supervisor within the third (3ra) degree of affinity or consanguinity. (c) Preexisting Employment. The prohibitions of this Section do not apply to a Person who was employed by the City more than six (6) months prior. Sec. 2-285. General Procedural Matters (a) Deadlines. Any deadline provided in this Article shall be construed as expiring at 5:00 p.m. local time on the last day. (b) Mailbox Rule. Under this Article, a deadline for any response or request for appeal is met when the date the response or request for appeal is mailed falls within the timeline requirements of this Article. The posted date of any mailing will control whether it meets the timeline requirements of this Article. Sec. 2-286. Lobbyists [reserved] 0 � � .L � N � N = � U O � O � m - � U (6 � Q O U � U � � � � .L (6 N 2 U � � � � Wy� '1'1� � 0 .� N � � > � N T � � U VJ � � � �N/ L.L � O U N �..�..� � N � � O � � (6 N � .� � � O � �^, W L � U � O U � U � N � � � � 0 � U N W � N � (6 U N C � � � J N N � � 0 �o m X � � 0 � � 0 0 � U �►. M 0 0 � � � � J N N 7 � O O m X � c 0 c a� 0 0 � � U City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: Z18-0005a, Version: AGENDA CAPTION Hold a public hearing and consider adoption of an ordinance to rezone approximately 5 acres from Downtown Residential 1(DR-1) and Downtown Residential2 (DR-2) districts to a Downtown Commercial General (DG G) District. The subject property is located at 610 N. I-35E, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted 5-0 to approve this request. (Z18-OOOSa, Denton Baptist Temple, Shandrian Jarvis Ugwoke). City of Denton Page 1 of 1 Printed on 4/13/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton _ . City Ha11 �� 5 215 E. McKinney Street tiY �� " Denton, Texas www. cityo fdenton. com DEPARTMENT: CM: DATE: AGENDA INFORMATION SHEET Department of Development Services Todd Hileman April 17, 2018 SUBJECT Hold a public hearing and consider adoption of an ordinance to rezone approximately 5 acres from Downtown Residential 1(DR-1) and Downtown Residential2 (DR-2) districts to a Downtown Commercial General (DC-G) District. The subject property is located at 610 N. I-35E, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted 5-0 to approve this request. (Z18-OOOSa, Denton Baptist Temple, Shandrian Jarvis Ugwoke). BACKGROUND The request is for a rezoning from DR-1 and DR-2 to DGG on approximately 5 acres of properry located along I-35E. The properry is currently divided into three zoning districts. The applicant is seeking to rezone the parcels in order to facilitate a more cohesive development in the future with a single zoning designation. A full staff analysis of the rezoning request is provided in Exhibit 2. OPTIONS Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION Planning and Zoning Commission recommends approval of this request. Staff also recommends approval of this request. PRIOR ACTION/REVIEW (Council, Boards, Commissions) At the March 21, 2018 meeting, the Planning and Zoning Commission voted 5-0 to approve the request. No letters in response to the request have been received to date. At the meeting, there were no speakers for the item and no discussion by the commission regarding the request. A super-majority vote is not required for City Council approval. Minutes from the Planning and Zoning Commission meeting have been attached for reference. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Aerial Map 4. Zoning Map 5. Future Land Use Map 6. Proposed Zoning Map 7. Comparison of Permitted Uses 8. Notification Map and Responses 9. Zoning Ordinance 10. Planning and Zoning Commission Minutes 11. Presentation Slides Respectfully submitted: Richard Cannone, AICP Interim Planning Director Prepared by: Shandrian Jarvis Ugwoke, AICP Principal Planner Minutes Planning and Zoning Commission March 21, 2018 After determining that a quorum was present, the Planning and Zoning Commission of the City of Denton, Texas convened in a Work Session on March 21, 2018 at 5:30 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items were considered: PRESENT: Chair Jim Strange, Commissioners: Alfredo Sanchez, Larry Beck, Andrew Rozell, and Tim Smith. ABSENT: Commissioners Steve Sullivan and Margie Ellis. STAFF: Athenia Green, Shandrian Jarvis, Hayley Zagurski, Scott McDonald, Cindy Jackson, Ron Menguita, Richard Cannone, and Victor Flores. �C�T�I� SESSIC�N Chair Strange called the Work Session to order at 5:32 p.m. l. �larifica�ic�i1 c�f a��nda i��s lis��d c�i1 �11� a��nda fc�r �1us ��in�. T'1us is an c��c�rtui�i�� fc�r �c��issic�il�rs �c� asl� c�ues�ic�ils c�f s�aff c�i1 �11� �c�ils�n� and I��lar ��nda i��s, w1uc11 �av includ� a full bri�fin� c�i1 an i�� in �11� c�rd�r i� a��ars c�i1 �11� r��lar s�ssic�il a��nda. �nv suc11 bri�fin� will b� r�t��a��d in r��lar s�ssic�il. Commissioner Beck referred to Consent Agenda Item 3A, he questioned if this is the same applicant for the original plat that was submitted in the past. Shandrian Jarvis, Principal Planner, confirmed. Hayley Zagurski, Senior Planner, presented Item for Individual Consideration 4A, she stated there is a condition on the approval, which was provided in the backup materials. Hayley Zagurski, Senior Planner, presented Item for Individual Consideration 4B. Commissioner Beck questioned if the applicant is purchasing the entire 34 acres. Zagurski confirmed, however, there is only approximately 7 acres that is developable due to the floodplain. Shandrian Jarvis, Principal Planner, presented Public Hearing Item SA. There were no questions. Shandrian Jarvis, Principal Planner, presented Public Hearing Item SB. The applicant reached out to the neighbors instead of holding a neighborhood meeting. There was no further discussion. Chair Strange closed the Work Session at 5:52 p.m. I�E,( �LTL�I� fi�IEET'IN( � Chair Strange called the Regular Meeting to order at 6:37 p.m. The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, March 21, 2018 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the following items were considered: l . I'LET)( �E C�F �LLE( �I�N�E: A. U.S. Flag B. Texas Flag 2. �C�NS�7ET� �I'I'T�C�V�L C�F T'HE, I'L�NNIN(� �NI) ZC�NIN(� �C�fi�fi�ISSIC�N fi�INLTT'ES FC�I�: A. March 7, 2018 Commissioner Andrew Rozell motioned, Commissioner Larry Beck seconded to approve the March 7, 2018 meeting minutes. Motion approved (5-0). Commissioner Alfredo Sanchez, "aye", Commissioner Larry Beck, "aye", Commissioner Andrew Rozell, "aye", Chair Jim Strange, "aye", and Commissioner Tim Smith, "aye". 3. �C�NSENT' �(�ENI)�: A. Cc�nsid�r a r�q��st by S�rvivc�r's 'I'r�st fc�r a�rc�val c�f a Pr�li��inary Plat c�f th� Fir�sid� �ddi�ic�i1. T'11� a�rc�xi�a��ly 30 acr� si�� is ��n�rallv lc�ca��d a� �11� sc�u�llw�s� cc�r�l�r c�f Hinl�l� T)riv� and �indsc�r Lan� in �11� �i�y c�f T)�n�c�i1, T)�n�c�i1 �c�un�y, T'�xas. I'I'17�002�, Fir�sid� �ddi�ic�i1, S1landrian .Tarvis LT�wc�l��`� B. �c�ilsid�r a r�c�ues� by �ll��ianc� Hillvi�w fc�r a�rc�val c�f a C��n�ral T)�v�lc��n� I'lan fc�r I�ayzc�r I�anc11 Eas�. T'11� a��rc�xi�a��l� 90.13�acr� si�� is ��n�rally lc�ca��d c�i1 �11� �as� sid� c�f H�ri�a�� T'rail b��w��n ��s� LTi�iv�rsi�v T)riv� and Scri��ur� S�r�� in �11� �i�v c�f T)�n�c�i1, T)�n�c�i1 �c�un�� T'�xas. �C�T)I'1��0001 �ayzc�r I�anc11 Eas�, Havl�y Za��rsl�i�g. C. �c�ilsid�r a r�c�ues� b� .Tacc�bs En in�i ��rin� C�rc�u� r��r�s�n�in� F31c�c��fi�ld Hc��s L.I'. fc�r a�rc�val c�f a Final I'la� c�f �c�un�ry Lal��s Nc�r�11 I'11as� 7 T'11� a�t�rc�xi�a��ly 23 acr� si�� is ��n�rallv lc�ca��d a� �11� nc�r�llw�s� cc��1�r c�f �11� in��rs�c�ic�i1 c�f.Tc�11n I'ain� I�c�ad and T'�xc��a Lan� in T)�n�c�i1, T'�xas. FI'17�0029, �c�un�ry Lal��s Nc�rt11, I'11. 7, �indy .Tacl�sc�ily. Commissioner Larry Beck motioned, Commissioner Tim Smith seconded to approve the Consent Agenda. Motion approved (5-0). Commissioner Alfredo Sanchez, "aye", Commissioner Larry Beck, "aye", Commissioner Andrew Rozell, "aye", Chair Jim Strange, "aye", and Commissioner Tim Smith, "aye". 4. IT'Efi�S FC�T� INT)IVIT)LT�L �C�NSIT)ET�I�T'IC�N: A. �c�ilsid�r a r�c�ues� by �r��l�sid� c�i1 T�yan T�c�ad LL� fc�r a�rc�val c�f a final �la� c�f �11� �r��l�sid� subdivisic�il. T'h� a�rc�xi�a��ly 47.47�acr� si�� is ��n�rally lc�ca��d a� �11� sc�u�11 sid� c�f I�yan I�c�ad, a�rc�xi�a��ly 140 f�� as� c�f �ndr�w �v�nue in T)�n�c�i1 �c�uniy, T'�xas. (FI'17�002�, �r��l�sid�, Havl�y Za�ursl�i . Hayley Zagurski, Senior Planner, provided a brief presentation. Staff is recommending approval of the request, based on one condition. Thomas Fletcher, Applicant, 5750 Genesis Court, Frisco, Texas, provided a brief presentation. Commissioner Andrew Rozell motioned, Commissioner Tim Smith seconded to approve this request based on the following condition: l. Civil engineering construction plans for all public infrastructure necessary to serve the proposed development must be approved before the plat is filed. If any utility easement locations need to be modified as a result of the final civil engineering construction plans, DRC approval shall be required prior to filing. Motion approved (5-0). Commissioner Alfredo Sanchez, "aye", Commissioner Larry Beck, "aye", Commissioner Andrew Rozell, "aye", Chair Jim Strange, "aye", and Commissioner Tim Smith, "aye". B. �c�ilsid�r a r�c�ues� b� .Ti�/H�ri�a��, LI' fc�r a�rc�val c�f a final �la� c�f �11� T)�n�c�i1 �ar�nax �ddi�ic�i1. T'h� a�rc�xi�a��ly 34.37�acr� si�� is ��n�rally lc�ca��d c�i1 �11� w�s� sid� c�f I�35E, a�rc�xi�a��ly 3,200 f�� sc�u�ll�as� c�f S�a�� Sc11c�c�l I�c�ad in �11� �i�y c�f T)�n�c�i1, T)�n�c�i1 �c�un�y, T'�xas. (FI'17�0026 �arfi�ax T)�n�c�i1, Ha�l�X Za ursl�i . Hayley Zagurski, Senior Planner, provided a brief presentation. Staff is recommending approval of the request based on one condition. . Chris Biggers, Applicant, Dunaway Associates, 550 Bailey Avenue #400, Fort Worth, Texas, was available for questions, but did not have a presentation. Commissioner Tim Smith motioned, Commissioner Andrew Rozell seconded to approve the request based on the following condition: l. Civil engineering construction plans for all public infrastructure necessary to serve the proposed development must be submitted and approved before the plat is filed. If any utility easement locations need to be modified as a result of the final civil engineering construction plans, DRC approval shall be required prior to filing. More extensive changes required as a result of civil plan review may require the final plat be re- considered by the Planning and Zoning Commission. Motion approved (5-0). Commissioner Alfredo Sanchez, "aye", Commissioner Larry Beck, "aye", Commissioner Andrew Rozell, "aye", Chair Jim Strange, "aye", and Commissioner Tim Smith, "aye". 5. I'LTF3LI� HE,�I�INC�S A. Hc�ld a�ublic 11�arin� and cc�ilsid�r at��rc�val c�f a r�c�ues� bv Snc�w Inv�s��n�s, LL� fc�r a final r��la� c�f Lc��s 1I�, 3I��1 and 3I��2, F31c�c1� � b, �in� a r��la� c�f Lc��s 1 and 3, �lc��k A c�f C7�ven's F�an�h in L�entc�nq 'Texas. 'The a�rc�xi��ately 2eacre t�rc� �r�� is �n�rall � lc�ca��d a� �11� sc�u�ll�as� cc�r�l�r c�f Lal��vi�w F3c�ul�vard and I�c�d�c� T)riv� in �11� �i�v c�f T)�n�c�i1, T)�n�c�i1 �c�un�v T'�xas. T'1us i�� was cc�il�inued frc�� 11� F�bruarv 21, 201� I'lani�in� and Zc�i�in� �c��issic�il ��in��FT�l7� 0026, C7�ven's F�an�hq Shandrian Jarvis [J ��'c�ke�. Chair Strange opened the Public Hearing. Shandrian Jarvis, Principal Planner, presented the request. David Snow, Applicant, 325 North Trinity, Denton, Texas, was available for questions. He did not have a presentation. Commissioner Smith questioned the intentions of the lot. Snow stated it will be developed into single-family residential. There was no one to speak Chair Strange read the public notice letters into the record which were submitted to staff: Dan Cody, 8201 Rodeo Drive, Denton Texas. In favor of the request. Jerry Eastup, 1300 Lakeview Blvd, Denton, Texas. In fa�or of the request. Huburt Gramling, 1309 Lakeview Blvd, Denton, Texas. Opposed to the request. Ronald Bashor, 1108 Lakeview Blvd, Denton, Texas. Opposed to the request. Garry Mans, 7608 Rodeo Drive, Denton, Texas. Opposed to the request. Norman Glowicz, 8017 Stallion Street, Denton Texas. Opposed to the request. Commissioner Beck stated he does not understand the oppositions, there was no one in the audience to speak on behalf of the oppositions submitted. Commissioner Tim Smith motioned, Commissioner Andrew Rozell seconded to approve this request. Motion approved (5-0). Commissioner Alfredo Sanchez, "aye", Commissioner Larry Beck, "aye", Commissioner Andrew Rozell, "aye", Chair Jim Strange, "aye", and Commissioner Tim Smith, "aye". B. Hc�ld a�ublic 11�arin� and cc�ilsid�r a r�c�ues� by T)�n�c�i1 F3a��is� T'��1� �c� r�zc�i1� at�t�rc�xi�a��lv 5 acr�s frc�� T)c�wn�c�wn I��sid�n�ial 1(T)I��l� and T)c�wn�c�wn I��sid�n�ial 2(T)I��ZI dis�ric�s �c� a T)c�wn�c�wn �c��rcial (��n�ral (T)��(�l T)is�ric�. T'h� subl�c� �rc��r�Y is lc�ca��d a� 610 N. I�35E, in �11� �i�y c�f T)�n�c�i1, T)�n�c�i1 �c�un�v, T'�xas. (Z1��0005, T)�n�c�i1 F3a��is� T'��1�, S1landrian .Tarvis LT �vc�l�e Chair Strange opened the Public Hearing. Shandrian Jarvis, Principal Planner, presented this request. The applicant did not hold a neighborhood meeting, he reached out to the neighbors in replacement of a neighborhood meeting. Staff recommends approval of this request. Rick Baria, Applicant, 5112 Edwards Road, Denton, Texas, provided a presentation. There was no one to speak Chair Strange closed the Public Hearing. Commissioner Tim Smith motioned, Commissioner Larry Beck seconded to approve this request. Motion approved (5-0). Commissioner Alfredo Sanchez, "aye", Commissioner Larry Beck, "aye", Commissioner Andrew Rozell, "aye", Chair Jim Strange, "aye", and Commissioner Tim Smith, "aye". 6. I'L�NNIN(� � ZC�NIN(� �C�fi�fi�ISSIC�N I'T�CC):TE�T' fi��T'T�I� A. fi�a�rix Commissioner Sanchez referred to Preliminary Plat reviews and requested discussion regarding them. Richard Cannone, Interim Planning Director, stated the update to the Denton Development Code will address some of those concerns. There was no further discussion. Chair Strange adjourned the Regular Meeting at 7:08 p.m. � W � 0 N � ti � .� Q Q e / I� � %i ��i��r r� ��%�%/'�tl��l„��i�' �« �. ��.�� . ;.... ,�� 7�� Planning Report Z18-0005a / Denton Baptist Temple City Council District 3 April 17, 2018 REQUEST: Hold a public hearing and consider adoption of an ordinance to rezone approximately 5 acres from Downtown Residential 1(DR-1) and Downtown Residential 2(DR-2) districts to a Downtown Commercial General (DC-G) District. The subject property is located at 610 N. I-35E, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted 5-0 to approve this request. (Z18-OOOSa, Denton Baptist Temple, Shandrian Jarvis Ugwoke). OWNER: Denton Baptist Temple APPLICANT: Rick Baria BACKGROUND: The request is for a rezoning from DR-1 and DR-2 districts to DC-G District on approximately 5 acres of property located along I-35E. Denton Baptist Temple currently occupies the property, which is divided into three zoning districts. The applicant is seeking to rezone the parcels in order to facilitate a more cohesive development in the future with a single zoning designation. The downtown residential districts, which consist of DR-1, DR-2, Downtown Commercial- Neighborhood (DC-N) and Downtown Commercial- General (DC-G) are intended to encourage mixed-use developments within the Downtown University Core. The applicant is seeking to rezone the subject property from the less intense DR-1 and DR-2 districts to the more intense DC-G district, which permits a wider range of commercial uses. SITE DATA: The subject property has approximately 680 feet of frontage along the northbound frontage road of I-35E, between Fort Worth Drive and Bernard Street. Bernard Street, serves as the western boundary of the subject property, and is classified as a collector street. Lindsey Street borders the property on the north and is classified as a residential street. Prior to the TxDOT I-35 expansion project, the subject site was approximately 6.5 acres. Approximately 1.5 acres of this property was acquired by TxDOT for the I-35 expansion project leaving a remainder of approximately 5 acres. USE OF PROPERTY UNDER CURRENT ZONING: The DR-1 District primarily permits single-family residential uses as well as limited commercial and institutional uses such as home occupations, adult or child daycares, churches, elementary schools, semi-public halls/clubs/lodges, and parks and open spaces. Bed and breakfasts and temporary commercial uses are permitted with limitations, and dormitories, fraternity/sorority houses, and basic utilities are permitted with a Specific Use Permit (SUP). The DR-2 District allows slightly higher density residential development as well as small-scale neighborhood service and institutional uses that are intended to provide a transition between moderate-density residential areas and the higher density development found in downtown areas. Permitted uses include single-family residential uses, dormitories, and fraternity and sorority houses as well as limited commercial and institutional uses such as home occupations, adult or child daycares, churches, elementary schools, middle schools, semi-public halls/clubs/lodges, and parks and open spaces. Multi-family dwellings, bed and breakfasts, professional services and offices, retails sales and services, and temporary uses are allowed with limitations. Broadcasting studios, veterinary clinics, medical centers, and basic utilities are allowed with an SUP. A schedule of permitted uses in the current zoning districts is attached. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: DR-1 District Zoning : DR-2 District Zoning: DC-G District Use: Single-Family Use: Multi-family Use: Commercial West: East: Zoning: DR-1 District : '' 1' ' Zoning: DC-G District Use: Single-Family Use: Commercial Southwest: South: Southeast: Zoning: DR-1 District Zoning: DR-1 and DC-G Zoning: DC-G District Use: Vacant/ROW districts Use: Vacant/ROW Use: Vacant/ROW Residential uses permitted include Townhomes, Dwellings Above Businesses, Multi-family, Fraternities and Sororities. Most commercial and institutional uses are permitted by-right or with approval of an SUP. Industrial uses permitted include Print Shops, Bakeries, Craft Alcohol Production, and Veterinary Clinics. Wholesale Sales and Nurseries are permitted with an SUP and limitations. A schedule of permitted uses in the proposed zoning district is attached. REVIEW CRITERIA: 1. Section 35.4.B of the DDC states that an application for a rezoning may be approved based on the following criteria: a. The proposed rezoning conforms to the Future Land Use Element of the Denton Plan 2030: Per the Future Land Use Map in Denton Plan 2030, the subject property is designated as Community Mixed Use. The Community Mixed Use land use designation is intended to promote a mix of uses, of which various commercial uses remain predominant, but where residential, service, and other uses are complimentary. This land use applies to existing and future commercial areas in the city, where redevelopment to mixed-use is desirable. The intent is to encourage infill and redevelopment for a more diverse and attractive mix of uses over time. Future development in Community Mixed Use areas will complement and embrace existing, viable uses, and raise the standard of design to increase their economic viability, accommodate greater connectivity and mobility options, and create a sense of place to serve the local community. Typical development may include supermarkets, drug stores, specialty shops, service stations, midsize offices, and high-to-moderate density housing. Diverse uses shall be located in close proximity to one another so that all uses are accessible from a single stop by walking, bicycling or transit. Vertical and horizontal mixed-use is encouraged. The requested DC-G District conforms to the Future Land Use Plan for this area. While DC-G is more closely aligned with the Downtown and Neighborhood/University Compatibility areas, it is not incompatible with Community Mixed Used areas and would be a logical extension of the DC-G to the east. Additionally, DC-G would permit a wider range of commercial uses and given the proximity to I-35E, it would be more appropriate for this location. b. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, and other public requirements and public convenience. It is not anticipated that this rezoning would impede adequate provision of public infrastructure; however, additional analysis will be conducted at the platting and site development phases to determine impacts on surrounding infrastructure. Compliance with all transportation, drainage, and infrastructure requirements is mandatory with platting and development of the site. Further, all proposed development must meet City requirements for tree preservation and other environmental impacts. 2. The purpose of zoning is to establish allowable land uses, density, and character for a particular area. Any combination of uses and densities allowed by the approved zoning district could be constructed on the site. If this rezoning request is approved, all uses permitted under the DC-G District could be developed on the property. These uses would fit within the character of this area of the City, which is currently developed with a mix of commercial uses. In areas where the DC-G District would abut less intense uses, the City's compatibility buffer requirements would be enforced to ensure that the new development is sensitive to the surrounding built environment. 3. The requested DC-G District would be a continuation of the DC-G districts to the north and east of the subject property. It would also permit more intense commercial uses that are generally compatible with the existing land use in this area and ensure a cohesive development pattern along the I-35E corridor. STAFF RECOMMENDATION: The request is to rezone approximately 5 acres from DR-1 and DR-2 districts to a DC-G District to facilitate a cohesive development at such time that the subject property is redeveloped in the future. Staff recommends approval of the request as it meets the criteria for approval established in Section 35.3.4 of the Denton Development Code; specifically it is compatible with the surrounding property and is consistent with the goals and objectives of the Denton Plan 2030. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 11 notices were sent to property owners within 200 feet of the subject property, 34 courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. No responses have been received to date. Z18-0005 Site Location 9 A + M � N � � `IJ SITE W E�'" �� Parcels Roads 377 0 125 250 500 Feet �,',',.,..._ , / � I� l % , offDento�n and hPsve been msde a daiPable�tonthe publlchbasedron the P�u�blicminPormfathon A�tct Th�e Clty of Dentonl mskeseeveey eff rtTolpeoduceesnd publlsh th�e mostpc�ureent andtaccu ate informatPonr posslbleh No warPantiesthexpressetd or are prowded for the data herein, its use, or its interpretation. Utilization ofthis map indicates understanding and acceptance ofthis statement. I I Z18-0005 Existing Zoning Map � �� i�� _ � �� _ �� . �� DR-1 0 � � 'J///////�� DR-2 377 � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII .�� ,� 0 125 250 500 SITE CM-E DR-1 , NR-3 Feet W�E�M � � � . . IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII', 5 � ; � , � r'/"� � _ . �- __._....,.I Zoning Overlay ' CM-G DR-2 NR-4 , �IIIIIIIIIII Illlllj�lllllllllll��lllll NRMU " "" �i� c:�rY DGG ' IGE IIIIIIIIIIIIIIuu,IIIIIIIIm�„Illlllum�„IIIIIII ,�'" - p "� ,� � -I Parcels �m�� Roads ',,, ,, ,,,�,,; DGN IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IGG ��A �` u��uau�n�o'ate�z,z;zo,8��w�:r�u� �e City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le❑al, enpineerinq or surveying purposes but rather for reference purposes. These maps are the property of = City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effortTo produce anc7 publish the most current and accurate information possible. No warranties, expressec7 or plied, are provided for the data herein, its use, or its interpretation. Utilization ofthis map indicates understanding and acceptance ofthis statement. �, Low Residential � Z18-0005 Future Land Use Map 377 A �� 0 255 510 1,020 QSITE FUtUP2 Lalld US2 ! Business Innovation `�;�E , Feei Parcels Low Residential �� Commercial s �� - � � ,�* � __ — -� Roads �°"�,<�°, °°r powntown CompatibilityArea �� Industrial Commerce � �� crrv ,r'' ut' Community Mixed Use IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Government / Institutional � ,� � ��cr� ,. .�* ��;�w Neighborhood / University Compatibility Area �� Parks / Open Space � � � �ra!�mNau�odrrrat��v� �° ' ��%, . Il k�n� �d M rwc�a�� w d..kll,�� Defe_2/14/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le❑al, enpineerinq or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effortTo produce anc7 publish the most current and accurate information possible. No warranties, expressec7 or implied, are provided for the data herein, its use, or its interpretation. Utilization ofthis map indicates understanding and acceptance ofthis statement. Z18-0005 Proposed Zoning Map � �� i�i��i��i��i��i��i� _ � �� _ i�� . �� DR-1 0 � � 'J///////�� DR-2 377 � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII .�� ,� 0 125 250 500 SITE CM-E DR-1 , NR-3 Feet W�E�M � � � . . IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII', 5 � ; � , � r'/"� � _ . �- __._....,.I Zoning Overlay ' CM-G DR-2 NR-4 , �IIIIIIIIIII Illlllj�lllllllllll��lllll NRMU " "" �i� c:�rY DGG ' IGE IIIIIIIIIIIIIIuu,IIIIIIIIm�„Illlllum�„IIIIIII ,�'" - p "� ,� � -I Parcels �m�� Roads ',,, ,, ,,,�,,; DGN IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IGG ��A �` u��uau�n�o'ate�z,z;zo,8��w�:r�u� �e City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le❑al, enpineerinq or surveying purposes but rather for reference purposes. These maps are the property of = City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effortTo produce anc7 publish the most current and accurate information possible. No warranties, expressec7 or plied, are provided for the data herein, its use, or its interpretation. Utilization ofthis map indicates understanding and acceptance ofthis statement. Residential Uses Agriculture Livestock Single-family Dwellings Accessory Dwelling Units Attached Single-family Dwellings Dwellings above Businesses Live/Work Units Duplexes Community Homes for the Disabled Group Homes Multi-family Dwellings Fraternity or Sorority House Dormitory Manufactured Housing Developments Permitted Uses Comparison G' L(7) G:, f, � I� f, f, G:, I� I� �: I..I � , �: I..I � , I� Commercial Land Uses Home Occupation Sale of Products Grown on Site Hotels Motels Bed and Breakfast Retail Sales and Service Movie Theaters Restaurant Private Club Bar Drive-Through Facility Professional Services and Offices Quick Vehicle Servicing Vehicle Repair Auto and RV Sales Laundry Facilities Equestrian Facilities Outdoor Recreation Indoor Recreation Conference/Convention Centers Major Event Entertainment Commercial Parking Lots Administrative or Research Facilities Broadcasting or Production Studio Sexually Oriented Business Industrial Land Uses Printing/Publishing Craft Alcohol Production Bakeries Manufacture of Non-Odiferous Foods Feed Lots Food Processing Light Manufacturing Heavy Manufacturing Wholesale Sales Wholesale Nurseries Distribution Center/Warehouse, General Warehouse, Retail Self-Service Storage Construction Materials Sales Junk Yards and Auto Wrecking Wrecker Services and Impound Lots Kennels Veterinary Clinics Sanitary Landfills, Commercial Incineratiors, Transfer Stations I� f, SUP/L(12) G:, I� � � � � SUP/L(36) SUP/L(36) � � � � � � � G:, I� Institutional Land Uses Basic Utilities Community Service Parks and Open Space Churches Semi-Public Halls, Clubs, and Lodges Business/Trade School Adult or Child Day Care Kindergarten, Elementary School Middle School High School Colleges Conference/Convention Centers Hospital Elderly Housing Medical Centers Cemeteries Mortuaries WECS WECS General Regulations Minimum Lot Area (square feet) Maximum Density Maximum Lot Coverage 4,000 4,000 0 60% 30 75% Minimum Landscaped Area 40% 25% 15% Maximum Building Height � 40 feet 45 feet 100 feet L(33) LIMITATIONS: L(5) = Within this district the density of apartments will be calculated as one (1) bedroom equating to one-half (.5) unit. L(7) — Limited to two animals on parcels one to three acres in size. Additional animals may be added at a rate of L(8) — Travelers' accommodations, are permitted, provided that: 1. The business-owner or manager shall be required to reside on the property occupied by the accommodation, 2. That each accommodation unit shall have one (1) off-street parking space, and the owners shall have two (2) 3. That only one (1) ground or wall sign, constructed of a non-plastic material, non-interior illuminated of four (4) sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5. All traveler's accommodations shall be within two hundred (200) feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least four hundred (400) sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than eight (8) guest units. L(9) = All restrictions of L(8), but limited to no more than fifteen (15) guest units. L(15) = Uses are limited to no more than five thousand (5,000) square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. L(27) — Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production L(33) - Additional height may be allowed with an SUP and a viewshed study, which illustrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. L(38) — Must meet the requirements of Section 35.12.9 Z18-0005 Notification Map .��.�° IIVI � �� III � �.�.� ,� III""� 9 A + M � N 377 A �� 0 125 250 500 Feet R' E M "" � SITE �N� � � ; -_ s � � �' — �, _ _, � Parcels � ��- � �� r� ,� ' �a� . � �. � ��t� � �ra��rNao odrrra��v� 9" Roads �`�� ` > � �Y� � .. � , u�� oa�-ti,4d M ��.�� w �:��ur � ''� /2018 � of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le❑al, enpineerinq or surveying purposes but rather for reference purposes. These maps are the property of of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effortTo produce anc7 publish the most current and accurate information possible. No warranties, expressec7 or are provided for the data herein, its use, or its interpretation. Utilization ofthis map indicates understanding and acceptance ofthis statement. S:ALegal\Our pocuments\Ordinances\18�Z18-0005 Ordinanee.docx ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE ZONING CLASSIFICATION FROM DOWNTOWN RESIDENTIAL 1(DR-1) AND DOWNTOWN RESIDENTIAL 2(DR-2) ZONING AND USE CLASSIFICATIONS TO A DOWNTOWN COMMERCIAL GENERAL (DGG) ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 5 ACRES OF LAND GENERALLY LOCATED AT 610 N. I-35E IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOtJNT OF $2,000.00 FOR VIOLATIONS THER�OF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z18-0005) WHEREAS, Denton Baptist Temple has applied for a zoning change on approximately 5 acres of land legally described and depicted in Exhibit A, attached hereto and incorporated herein by reference (hereinafter, "the Property") from DR-1 and DR-2 zoning districts and use classification to a DGG zoning district and use classification; and WHEREAS, on March 21, 2018, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recorninended approval of the change in zoning disti�ict and use classification; and WHEREAS, on April 17, 2018, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is consistent with the Denton Plan and the Denton Development Code; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification of the Property, ha-ve dEteY•ini�led il�at th� �t�o�osed u�� is i�� il�� est i��t��st �f tlzc 1��a1tl�, �afety, �noials, a��d general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said zoning change is in the public interest and should be granted as set forth herein; NOW THEREFORF, TI-IE COUNCIL OF TH� CITY OP DLNTON I-IEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorpoi•ated herein by reference a11d found to be true. SECT'ION 2. The zoning district and use classification for the Property is hereby changed fi•om Downtown Residential 1(DR-1) and Downtown Residential2 (DR-2) districts to Downtown Commercial General (DC-G) Districi. SECTION 3. The City's official zoning map is hereby amended to show the change in the zoning disirict and use classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SLCTION 5. Any person, firm, partnership oi� corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by f ne in a sum not eaceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was comrnitted and the former law is continued in effect for this purpose. SECTION 7. In con�pliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days fron� the date of i�s passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2018. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPRO�,�EL� AS TO LEGAL FQR.�Z: AARON LEAL, CITY ATTORNEY BY: Exhibit A Property Legal Description and Site Location Map ' • r � ` • i r � • • � ` � i • • � � 4.767 ACRES A. HIIL SURV�Y, A-�26 C1TY OF DENTON, DENTON CQUNTY, TEXAS �IELD f�OTES TO ALL THAT GERTAIN TRACT OR PARCEL OF LA�da SITIJATEQ IN TNE A. HI�L SURVEY, ABSTRACT NUtu18ER 623, DENTQN COUNTY, TEXAS, BEIN� l�L� OF !� C��LED 1.663 ACRE TRI�CT OF LAND b�5CEiIBEb IN 7NE b�Ef] 7C� DENTON BAP7i5i iEMl�l.�, A512�CORD�C� 1N VC3LUM� 641, PAGE 24� OF THE DEED RECORDS OF �ENTOtU COUNTY, TEXAS, A PART OF A TRACT OF �AN[7 DESCRlBE� IN TNE DEED TC� WAL7�R KENAS, W.H. MUI�KEY, f7AViD MULKEY, EDDIE f. SCN�RTZ ANC� JaHN COLI.INSVb+ORTH, TRUSTEES OF THE DENTON BAPTIST TElUtALE, AS RECORDED EN VflLUME 519, PAGE 451 OF SAID DEED RECORDS (HEEi�INAFTER �EF[RR�D TO AS "SAIb 519/4�1 TRACT"), A pART 0� A CALI�b 3.49D ACRE TRACT t�F LAND DESCRIBED IN THE C}EE� TO W.H. 11r1UlKEY, DAVID MULKEY AND WAL,TER KENAS, TRUSTEES flF THE DENTON BAPTIST TEh/IPLE, A5 RECORaED IN VOLUME 476, PAGE 664 OF 5A9D DEED RECQRDS, AND A PART OF A CAl€,ED 0.3$4 pCRE TRA{:T OF LANO �7ESCRlB�D 1N TNE DEEC7 T� W.H. MULKEY, DAVID MULKEY, A(�D WALTER KENAS, TRUSTEES �F TNE DENTaN BAPTISTTEMPlE, A5 RECORl7ED IN VOIUME 476, PAGE 663 OF SAID DEED RECORDS, AI�O BEING MORE PARTiCULARLY OESCRIE3E� AS FOLt,OWS: �EGINNl�1G AT 7HE NORTHINEST CORNER OF iHE HEREIIV DE5CR(6E� TRACi Ai A 3/4" IR�N R0� FOUND FOR CORNER IN THE I�ITERSECTION OF THE EAST LINE OF BERNARD STREET AND TNE 50UTN UNE OF I.IND5EY 5iREEi, Ai THE I�C}R7HWEST COaIVEFi �F 5AID 1.�i63 ACRE TRACT; THEMCE NORTN 88 DEGREES 41 MINUTES 15 SECQNDS EAST, W(TH THE 50UTH UNE OF SAID LINDSEY �TR�Ei ANC� iHE N�RTH IINE bF 5Ala 1.663 ACR� iRAC7, A b(5iAlVCE OF �00.0(i FEE7 Td A CA�PE� IRON ROD SET FflR CORNER AT THE NORTHEAST CORNER OF SAID 3.663 ACRE TRACT AND THE NORTN�AST CORIVER OF iHE H�R�IN D�SCRI�� TRACT; THEN�E S4UTN 01 pEGREES 4$ MINUTES 30 SECON�S WEST, 4`�1TH THE EAST UfUE QF SAIO 1.663 ACR� TRACT PAiil` Ct� TH� WAY, `fH� �A5Y LINE �F SAIb 3.�#90 ACR� T�tACi PAFti 0� TH� WAY, ANb TH� �A5i LINE QF SA[D 0.384 /�CRE TR11CT PaRT OF THE WAY, A D15T�1NCE ClF 518.59 €EET TO AN "X" CUT FOUNO Ft7R CORNER A`f THE N(7RTHEA51' C(�RNER dF A GA�IE� 1.5244 ACRE TRACT �F lAAhld bESCREgE� IN THE DEED TO THE STATE OF TEXAS, AS RECORDED IN DOCUME(VT NUMBER 2015�130785 OF THE REAL �RIiPER� Y RE�C7RC�S C7F 6EiVTCifV CtJUi�TY, TEX/�s Ai ii-iE St�UiF�E�ST Gt�Ri�EFc f�F TFiE FiEREii�t DESCRIBEb TRACT; iHENCE NORTH 71 [7EGREES 51 MINUTE5 23 SECnN�S WEST, SEV�RING 5A10 0,384 ACRE TRACi WITN THE NORTN UNE OF 5A1D 1.5244 ACRE TRACT, A QISTANCE OF 73.50 FEET TO A PK�NAIL FOUND FOR C�RN�R; TME�ICE NORTW 59 DEGREES 10 MINl1TES 4Q SEC�NDS WEST, SEVERING SAiD 0.3$4 ACRE TRA�CT AND SAEQ 3.490 ACRE TRACT WITH THE NORTH LINE OF SAIt3 1.5244 ACRE TRACT, A DISTANCE QF 281.96 FEET TO A 5/8" IRON ROD �OU�JD WITH AN ALUMINUM CAP ��R CORNER; THENCE tVORi'H 55 OEGREES al MINUTES 14 SEG��lOS WEST, SEVERING SAID 3.490 AGRE TRAGT AND SAID 519/451 TRACT WITH Tt�iE NORTH LINE OF SAID 1.5244 ACR� TRACT, ,4 OISTANCE OF 334.�6 FEET TC7 A PK-NAIL f0UNt7 FC�R CORNER IPI TNE �AST LINE �F SAIb BERNAR� STREET ANt7 THE WEST LINE �F SAID 519/451 TRACT ATTHE NORTfiWEST CORNER OF SAID 1.5244 ACRE TRACT; THENCE NORTN 00 DEGREES 5�} MINUTES 20 SECON05 EAST, WlTH THE EAST LINE OF SAID SERNARD STREET, TWE WEST LINE OF Sl�lD 519/4S1 TR/�CT PART qF TIiE WAY, �Nd THE WEST LINE QF Sf�ID 1.663 ACRE TRACT PAR7 OF iHE WAY, A UISTANCE OF 145.68 �EET T� TH� PflINT 9F B�GINNING ANi7 ENCLOSING 4J67 ACRES OF LAND, MORE OR LE55. z� s-oaa5 Site �o�cation City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: DCA18-0002a, Version: 1 AGENDA CAPTION Hold a public hearing and consider adoption of an ordinance regarding a proposed revision to the Denton Development Code; specifically to remove Limitation 34 in Subchapter 5 Zoning Districts and Limitations related to the square footage and number of truck bays for the Distribution Center/Warehouse, General and Warehouse, Retail uses in the Employment Center Districts; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (DCA18-0002, Limitation 34, Hayley Zagurski). City of Denton Page 1 of 1 Printed on 4/13/2018 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton _ . City Ha11 �� 5 215 E. McKinney Street tiY �� " Denton, Texas www. cityo fdenton. com DEPARTMENT: CM: DATE: AGENDA INFORMATION SHEET Department of Development Services Todd Hileman April 17, 2018 SUBJECT Hold a public hearing and consider adoption of an ordinance regarding a proposed revision to the Denton Development Code; specifically to remove Limitation 34 in Subchapter 5 Zoning Districts and Limitations related to the square footage and number of truck bays for the Distribution Center/Warehouse, General and Warehouse, Retail uses in the Employment Center Districts; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (DCA18-0002, Limitation 34, Hayley Zagurski). BACKGROUND Staff is proposing amendments to the Denton Development Code (DDC) Section 35.5 Zoning Districts and Limitations to remove Limitation 34 from the Employment Center Commercial (EGC) and Employment Center Industrial (EGI) Districts. This limitation applies to Distribution Center/Warehouse, General and Warehouse, Retail uses, and restricts these uses to 150,000 gross square feet and 8 truck docks. The EGI and EGC Districts are intended to provide locations for a variety of workplaces and complimentary uses. Within these districts a variety of uses are permitted by right, such as offices, restaurants, self-service storage, and more intensive industrial uses, including bakeries, craft alcohol production, light manufacturing, and wholesale sales. Staff recommends removing the limitation on the warehouse use types to permit the uses by right along with the uses mentioned above. A full Staff Analysis of this request is provided in Exhibit 2. OPTIONS l. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Development Review Committee recommends approval of this request. PRIOR ACTION/REVIEW (Council, Boards, Commissions) A Work Session discussion of this item was held at the March 20, 2018 City Council meeting. At the Work Session, the City Council directed staff to proceed with the proposed code amendment. A public hearing was held before the Planning and Zoning Commission on April 1 l, 2018. At the hearing there was discussion of the screening and buffering requirements stipulated in L(34) being redundant with the site design requirements located elsewhere in the DDC. The Planning and Zoning Commission recommended approval of the request [7-0]. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Subchapter 5 Zoning Districts and Limitations (Redline) 4. Permitted Uses Comparison 5. EGI Affected Properties Zoning Map 6. EGI Affected Properties Location Map � 9. 10 11 EGC Affected Properties Zoning Map EGC Affected Properties Location Map Presentation Draft Planning and Zoning Commission Meeting Minutes Draft Ordinance Respectfully submitted: Richard Cannone, AICP Interim Planning Director Prepared by: Hayley Zagurski Senior Planner C. Hc�ld a�ublic 11�arin� and cc�ilsid�r �al�in� a r�cc��nda�ic�i1 �c� �i�y �c�uncil r��a_ rdin� a�t�c�s�d r�visic�il �c� �11� T)�n�c�i1 T)�v�lc�t��n� �c�d�;��cifically �c� r��c�v� Li�i�a�ic�i1 34 in Subclla��r 5 Zc�i�in� T)is�ric�s and Li�i�a�ic�ils r�la��d �c� �11� sc�uar� fc�c��a�� and nu�b�r c�f �rucl� bavs fc�r �11� T)is�ribu�ic�i1 ��n��r/�ar�llc�us�, (��n�ral and �ar�llc�us�, I��ail us�s in i11� E�t�lc�y��n� ��n��r T)is�ric�s.__�T)��1��0002 Li�i�a�ic�i134 Hayl�y Za�rsl�i�. Chair Strange opened the Public Hearing. Hayley Zagurski, Senior Planner presented the request. Staff recommends approval of the request. Commissioner Ellis questioned if staff considered the screening requirements. Zagurski stated there are requirements with buffering between uses, and loading dock requirements not to be placed within street frontages. The language was redundant within the code. There was no further discussion. There was no one to speak Chair Strange closed the Public Hearing. Commissioner Tim Smith motioned, Commissioner Larry Beck seconded to approve this request. Motion approved (7-0). Commissioner Alfredo Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Steve Sullivan "aye", Commissioner Andrew Rozell "aye", Chair Jim Strange "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". S:ALegal\Our pocuments\Ordinances\l8\DCA18-0002 Ordinance.docx ORDINANCE NO. AN ORDINANCF, OF `I'I-�T CITY OF DENTON, TEXAS, AMENDING THL DENTON DEVELOPMENT CODE, SPECIFICALLY BY AMENDING THE LIMITATIONS IN SUBCHAPTER 5 ZONING DISTRICTS AND LIMITATIONS RELATED TO THE SQUARE POOTAGE AND NUMBER OF TRUCK BAYS FOR THE DISTRIBUTION CENri'ERIWAR�HOtJSE, GENERAL AND WAR�HOUSE, RETAIL USES IN THE EMPLOYMENT CENTER DISTRICTS; PROVIDING FOR A PENALTY 1N THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CL�IUSE, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (DCA18-0002) WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton, Texas adopted the Denton Development Code (the "DDC"); and WHEREAS, the City desires to ainend Subchapter 35.5 Zoning Dist��icts and Limitc�tions of the DDC in order to amend the limitations related to the square footage and number of truck bays for the Distribution Center/Warehouse, General and Warehouse, Retail uses in the Employment Center Districts; and WHEREAS, on April 11, 2018, the Planning and Zoning Commission, in coinpliance with the laws of the State of Te�as, have given the requisite notices by publication, and have held due hearings and have recommended approval [7-0] of the amendinents to the Denton Development Code; and WHEREAS, on April 17, 2018 the City Council likewise conducted a public hearing in accordance with local and state law and the City Council hereby finds that the subject amendments to Subchapter 35.5 of the DDC are consistent with the City's comprehensive plan, and federal, state, and local law are in best interests of the ci�izens of the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The finding�s and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The amendments to Subchapter 35.5, 7oning Disiricts and Lim�itatzons of the DDC, as presented in Exhibit A, are hereby adopted as shown. SECZ'ION 3. Any person, firin, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdeineanor and shall be punished by fine in a sum not eaceeding $2,000.00 for each offense. Each day that a provision of this or•dinance is violated shall constitute a separate and distinct offense. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. That an offense com�nitted before the e�ffective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in efFect when the offense was coillmitted atld the former law is continued in effect for this purpose. SECTION 6. In compliance with Section 2.09(c) of �he Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directeci to cause the caption of this ordinance to be pt,iblished twice in the Dentoil Reeord- Chronicle, a daily newsp�per published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2018. CHRIS WATTS, MAYOR ATT�ST: JENNIFER WALT�RS, CITY SECRETARY IC APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: �..J EXHIBIT A 35.5.6. - Employment Centers. 35.5.6.1. Purpose. The purpose of the Employment Centers is to provide locations for a variety of workplaces and complimentary uses. Land Use categories within Employment Centers include: EC-C Employment Center Commercial E , __ ___ ______.. ;___ ___._._ __----- ___.. ._..____ ____._.___ _ .--._.__.__ ...._._.___. .__.__. _ _..__., EC-I , Employment Center Industrial 35.5.6.2. Permitted Uses. The following uses and their accessory uses are permitted within the Employment Centers: � _� � � �� Residential Land Use Categories � EGC � � r___._.__. _......_. __.----_ _ ___.. _..—___._ ..._----- _.._.___..----._._._--._____ __.-.--- -__.___..__._.__;.__ _ _..._.--- - Accessory Dwelling Units � N _ ____ _ __ v ._ .._ ________._ _. � � _�� _ .._.__ _.�__� ___ �_.__ � . ______�. ___ _ .____�_� _� � i Agriculture ? P i i i �..___---- __._._....- __.__.___..._....._._--. _...--,-- ---.-,--..._. ..._.__._-.--._._.__ _w.___.___.--._�_ _ _..._........ ._...__._.__, �.�__.__, Attached Single-family Dwellings [ N � i { ; E _, . _._ _� . -- , -- — . _ __ __.w_ __. _� _ . _ ._----- -- _-_ ,_ ---- _ _.___�._ Community Homes For the Disabled � N � � � � � �._ __ ___.� _ _ _..._,_ __.___ __ �.__ ________ __ _______�-- ------ ____�._ -----. __ __ _� __,_-- ------ � Dormitory ( N � __.__ _.._.____.____. ._.____..__._.�_____..._____. __--,---- -_._.�_.. ____ _�_�__._ ___._._ ;_.__ __.._____ ; Duplexes ! N I i , _ __._ e__ ___ Dwellin s Above Bu N�R � ^---- _ _._..__. ----___ _ _.______._� g sinesses N � � -.--- -_.__._ —.- -----_._ _ --- --- _ _. _ __ __ _ . .____ .� ._ _ ___w__. __ _ _. ; _�_ _._.... �. Fraternity or Sorority House � N i I ___.___ ---- - --,� _-___ _ ____ _ __ . _�_.�._. __ _ .______ ----..--- __--- ___ ______.� ____. Group Homes i N ! I E _______ _____ _________ ___ _ �._ _____. -- ---._ _._._ _._.�_�_ -- - �--�--�- --�- ��-� Livestock � L(7) ; �..._..._ .._ -__ ___�____�_._____� ---- __.. -- __...-----_-- _�� _....__ _._..__ _ � --- _ _ ---�- Live�Work Units j N ; EC-I N P N �N N N _ N ... N __N_. �(�) N Manufactured Housing Developments E N ; N i E i i --- --_ _ _ ..____ „ . __ . � __ . � � ____ g �._ _ _ _ _ _ _ __ . __ , ___ . � _� _ . _ _ ._ _� _ Multi-Famil Dwellin s i N � N i ___ _....._ _ __-- ----- _ __.__.__ __ ._-- _.----- ___.__ _.____ __.._ _ �___..__._ . �__._.,. Single-family Dwellings � N i N t �F P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 Commercial Land Use Categories Administrative or Research Facilities Auto and RV Sales Bar Bed and Breakfast Broadcasting of Production Studio Commercial Parking Lots Drive-through Facility Equestrian Facilities Home Occupation Hotels Indoor Recreation Laundry Facilities Major Event Entertainment P ; P I ___ _,__ ________ P � P Motels Movie Theaters P N N i N � I Outdoor Recreation ! P � N E ._....__., . ., �... _ . ._E. ., �..._._ ... ._..._... ... .._.._.... .. ., �.,s.,_ , .....m.,. .. �._.....�. -__... , _..>._. _. ,... ._..... ._. _,. _ »,..._.,.,. .._....�__., Private Club ` P � P � � i ; Professional Services and Offices ! P ; P � � ___ . __ –_ — Quick Vehicle Servicing�� _. _. ___..__ _ _��_� �_. ._ � � }.._. � _�_ i � __.._. ._ .._..___ . . _._.... . _._..---__._.._ _. . ._._._— . ------ -...----...._ _ .. _.__.___ _.,.._. .--.. _._.. __. ._._ Restaurant � P j P i __T_ � — –..._.._.__.. --------.-- _..__..__ ._...,_.__.. .. 1 Retail Sales and Service Wy ��F4 __`.W �,M�H Aw� P— — ��"J L(18) ; ; � i _..__ .__._v.....v. _._..__.. __._._,..�___ ._.._. _... _....__.._. ....____........ ._..__._.._.__ ._.__...___..__ _ __._ ... _..__... ._,_.__,_._.. _. ' __._....._ Sale of Products Grown on Site � N � N i ---- ------ ____ _ _ __.� __ _ _ __ ___ � _ .__ � . __ _ . _ � . _ _.__ . __ ____ __�_ . _�.�.___ Self-service Storage ; P � P � � i � ____ _._ _ .___ ____ ____ _____.__ __ .__. _____.. _._...__ _ _ ___ ______._ � -- Sexually Oriented Business � N � N � _�.__ .__�__ ..______ _._.. �_m.-- Temporary Uses_. _._�.�______�_.__� �. __._._ _ � L(38j_�� L(38) i _._. _____ ______ __ _..___. _ _, ._ ___ __._._ _------._--_ __._ .____.__._ .y___. _...__._._ r--._ ._�._----- Vehicle Repair P � P � � __ _ . __� _ _ _. .._ _ .,_ _ _ � P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 Industrial Land Use Categories EGC EC-I i Bakeries P i P i ; i CompressorStations -- — �� _ __ �__ :____ ��_� �� _.__ __..._________..__ _ _______ ___.____ _______,. � --_ __ ___._._.___r_______---- Construction Materials Sales , N ; P Craft Alcohol Production Distribution Center/Warehouse, General Feed �ots Food Processing Gas Wells Heavy Manufacturing Junk Yards and Auto Wrecking Kennels Light Manufacturing Manufacture of Non-odoriferous Foods Printing/Publishing Sanitary Landfilis, Commercial Incinerators, Transfer Stations Veterinary Clinics Warehouse, Retail Wholesale Nurseries Wholesale Sales P ; P i .N._._ � i __..___ __ ___.� __.___._..___ N � N � N N i L(27) � L(27) N � N N � N [ ! __�____. ; _ _�.__ P ; P i E P i P P P i N E L(32) t i P P Wrecker Services and Impound l.ots i SUP L(29) E SUP L(29) 1 ' P=Permitted, N=Not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 institutional Land Use Categories Adult or Child Day Care Basic Utilities Business/Trade School Cemeteries Churches Colleges Community Service Conference/Convention Centers Elderly Housing Electric Substations and Switch Stations High School Hospital Kindergarten, Elementary School Medical Centers Middle School Mortuaries Parks and Open Space Semi-public, Halls, Clubs, and Lodges WECS (Building-mounted) EGC I EC-I � � ___ � __ � _ i _ ._ _.__..._— P ' P ._ E,. _»....,...�......,_ ��P ` P � , _____._. . � _ __--- N i N t � � �._ E, . __ W. P � P i -----______: __ _.__. P ' P j i P E P i i P � SUP � �_..__ _.__�_ P � N ; P E P N � N i P � N_ [ � N � N E E P ! N j N N � � t P P � � _P i P_. ; ___ .._.' __..___ P � P ; ---- ---� _____.__. SUP I SUP WECS (Free-standing Monopole Support Structure) P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 35.5.6.3. General Regulations. General regulations of the Employment Center are as follows: f-.__ ..._.. ...___... .___... __._'; General Regulations i EGC Minimum (ot area (square feet) Minimum lot width Minimum lot deptn Minimum front yard setback Minimum side yard 2,900 20 feet 50 feet None None EC-I 2,500 50 feet 50 feet 10 feet None Minimum side yard adjacent � None ' 10 feet to a street j j i I � ___ w� . _ _ _�_ _.- — , --- __ _.� Minimum yard abutting a � 30 feet, plus 1 foot for each foot i 30 feet, plus 1 foot for each foot single-family use or district i of building height above 30 feet ; of building height above 30 feet � � � ----! _ — '---- --- _ _ . __ ____ -- ____ ._�.__ __ _—_ _ _.____ ____�.__ _. _._--- Maximum FAR � 1.50 � 0.75 � � � - -----_ ______, � ____ _nr _ _._.___ _.__.____ __ �. __� _____ Maximum lot coverage � 80% I 85% 3 ; Minimum landscaped area � 20% 15% i Maximum building height � 100 feet i 65 feet � i I Maximum WECS height j 110 feet �� I 75 feet 35.5.8. - Limitations. The foliowing define the limitations to zoning uses when the zoning matrix identifies a use as permitted, but limited: L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: The proposal must conform with the overali maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed one (1) per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed fifty (50) percent of the GHFA of the primary residence on the lot, and shall not exceed one thousand (1,000) sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One (1) additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed fifty (50) percent of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten (10) acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten (10) acres. L(2) = For infill lots, the front setback shall be an average of the adjacent lots. L(3) = In part of a subdivision of iwo (2) acres or more, up to two (2) units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single-family residence from the street. L(4) = Muiti-family is permitted only: With a Specific Use Permit; or 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use within one (1) year prior to the effective date of Ordinance No. 2005-224; or 5. If allowed by a City Council approved neighborhood (small area) plan. L(5) = Within this district the density of apartments will be calculated as one (1) bedroom equating to one- half (.5) unit. L(6) = RESERVED L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one (1) per each acre over three (3). L(8) = Travelers' accommodations, are permitted, provided that: The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have one (1) off-street parking space, and the owners shall have two (2) parking spaces. All spaces shall be in conformance with the requirements of the Off- Street Parking section of this Chapter. 3. That only one (1) ground or wall sign, constructed of a non-plastic materiai, non-interior illuminated of four (4) sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation units allowed shali be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5. All traveler's accommodations shall be within two hundred (200) feet of a collector or arteriai. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least four hundred (400) sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than eight (8) guest units. L(9) = All restrictions of �(8), but limited to no more than fifteen (15) guest units. L(10) = All restrictions of L(8), but limited to no more than five (5) guest units. L(11) = Limited to sit down only, and no drive up service permitted. �imited to no more than one hundred (100) seats and no more than four thousand (4,000) square feet of restaurant area. L(12) = On-premise consumption or retail sales and shall limit the use to no more than ten thousand (10,000) square feet of gross floor area for production, bottling, packaging, storing, and other manufacturing related activities, and additional square footage shall require a Specific Use Permit. L(13) = Uses are limited to no more than fifty-five thousand (55,000) square feet of gross floor area per lot. L(14) = Uses are limited to no more than ten thousand (10,000) square feet of gross floor area. L(15) = Uses are limited to no more than five thousand (5,000) square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. L(16) = Uses are limited to no more than one thousand five hundred (1,500) square feet of gross floor area per lot. L(17j = Uses that exceed twenty-five thousand (25,000) square feet of gross floor area per use require approval of a SUP. L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than five thousand (5,000) square feet of gross fioor area except adjacent to I-35 then uses are limited to ten thousand (10,000) square feet of gross floor area. L(19j = Allowed as an accessory use to the primary business(es) within the same structure. The accessory use is limited to those employees or owners of the business or businesses within the same structure. L(20) = Permitted, but outdoor storage of autos prohibited. L(21) = Bakery and bottling areas not to exceed two thousand five hundred (2,500) square feet. Sales on premises of products produced required in this zone. L(22) = Uses are permitted only in association with Gas Stations and are limited to no more than twenty- five (25) seats except adjacent to I-35 then the number of seats is limited to fifty (50). L(23) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed five thousand (5,000) square feet. L(24) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed one thousand five hundred (1,500) square feet. L(25) = If proposed use is within two hundred (200) feet of a residential zone, approval is subject to a Specific Use Permit. L(26) = Uses are limited to no more than two thousand five hundred (2,500) square feet of gross floor area per lot. L(27) = Must comply with the provisions of Subchapter 89, Gas Weil Drilling and Production. L(28) = Use allowed as part of consolidated parking plan. L(29) = Wrecker Services and Impound Lots must compiy with the foilowing provisions: 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicies shall be opaquely screened from all rights-of-way and residential uses and zoning districts. 3. Parking and vehicle storage areas associated with wrecker services and impound lots activities are not aliowed within undeveloped floodplain, water-related habitat, and riparian buffer environmentally sensitive areas (ESA). 4. Best management practices addressing stormwater quality must be implemented and maintained on site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (ISWM) Manuai, as published by the North Central Texas Councii of Governments, or similar practices consistent with low impact development (LID) approaches. L(30) = Permitted as part of a mixed use building and only in conjunction with office, retail, or other permitted commercial, or institutional uses, equal to at least fifteen (15) percent of the floor space of the residential use along any avenue, collector, or arterial street, otherwise these uses are not required. L(31) = Permitted as part of a mixed use building and only in conjunction with office, retail, or other permitted commercial, or institutional uses, equal to at least twenty-five (25) percent of the floor space of the residential use along any avenue, collector, or arterial street, otherwise these uses are not required. L(32) = Not allowed to locate adjacent to an arterial and within one thousand (1,000) feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any eiderly housing facility, hospital, any residentiai use, public open space. L(33) = Additional height may be allowed with an SUP and a viewshed study, which illustrates that any views of the Historic Courthouse are not biocked by the new structure(s) additional height. L(34) = RESERVED L(35) = Self-Service Storage uses must comply with the following provisions: 1. Ali sides of a self-service storage facility shall be constructed of 100 percent masonry, stone, architectural concrete block with integrated color (split-face CMU), stucco, concrete tilt-wall (colored or stamped). The limitation on exterior materials is exclusive of fenestrations such as doors, windows, glass and entryway treatments. Glass may not account for more than 70 percent of the exterior wall area. 3. No overhead bay doors and/or storage unit doors may be visible from adjacent property or public right-of-way. 4. No outdoor storage permitted. 5. All proposed fencing materials are limited to masonry and wrought iron and shail be constructed in compliance with Section 35.13.9, as amended. 6. �andscape buffers shall be provided in accordance with Section 35.13.8, as amended. L(36) = Permitted when combined with retail sales. L(37) = Five (5)-acre minimum land area required and no more than twenty-five (25) kennels per acre allowed, including indoor and outdoor runs. A natural buffer strip is required adjacent to any residential use. L(38) = Must meet the requirements of Section 35.12.9. L(39) _ L(40) =Limited to a maximum twelve (12) units per acre. L(41) = Lots where the proposed WECS will be located shall have a minimum lot area of two (2) acres. A maximum of one (1) WECS is permitted by right. Multiple WECS are permitted only with approval of a SUP. L(42) = Building-mounted WECS may not extend higher than ten (10) feet above where the WECS is mounted on the building. The height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the blades' elevation. If the WECS does not use blades, then height is measured from the base of the WECS where it is mounted on the building to the highest point of the WECS. L(43) = Electric Substations and Switch Stations are permitted subject to the foliowing criteria: An applicant shail be required to submit an application for a Specific Use Permit pursuant to Subsection 35.6 in accordance with procedures set forth in Subsection 35.3.4 unless it is able to meet the following requirements: A. Use of the property is associated with a City Council approved Capitai improvements Plan (CIP) or other City Council approved Master Plan; and B. A public hearing was held at the City Council for the selection of the site to include: i. Written notice of the public hearing was provided to property owners within two hundred (200) feet and physical addresses within five hundred (500) feet of the subject property at least twelve (12) days prior to public hearing; and ii. A sign advertising the public hearing was posted on or adjacent to the property at least twelve (12) days prior to the public hearing. C. A neighborhood meeting was held at least fifteen (15) days prior to the public hearing at City Council for the acquisition of the site. 2. All Electric Substations or Switch Stations shall comply with the following development requirements: 1. The proposed electric substation or switch station shall substantially comply with all of the development and regulatory standards established in Subchapter 24; and 2. A site plan demonstrating substantial conformance with all the appiicable design standards identified in Subchapter 24 shall be submitted. Planning Staff Analysis DCA18-0002 / Limitation 34 April 17, 2018 REQUESTS: Hold a public hearing and consider adoption of an ordinance regarding a proposed revision to the Denton Development Code; specifically to remove Limitation 34 in Subchapter 5 Zoning Districts and Limitations related to the square footage and number of truck bays for the Distribution Center/Warehouse, General and Warehouse, Retail uses in the Employment Center Districts; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (DCA18-0002, Limitation 34, Hayley Zagurski). BACKGROUND: Staff is proposing amendments to the Denton Development Code (DDC) Section 35.5 Zoning Districts and Limitations to remove Limitation 34 from the Employment Center Commercial (EGC) and Employment Center Industrial (EGI) Districts. This limitation applies to Distribution Center/Warehouse, General and Warehouse, Retail uses, and restricts these uses to 150,000 gross square feet and 8 truck docks. The EGI and EGC Districts are intended to provide locations for a variety of workplaces and complimentary uses. Within these districts a variety of uses are permitted by right, such as offices, restaurants, self-service storage, and more intensive industrial uses, including bakeries, craft alcohol production, light manufacturing, and wholesale sales. Staff recommends removing the limitation on the warehouse use types to permit the uses by right along with the uses mentioned above. Within the EGI and EC-C Districts, distribution centers/general warehouses are permitted only under the parameters established in Limitation 34 as described below: "L(34) = Permitted with no more than one hundred fifty thousand (150,000) gross square feet and eight (8) truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks." Limitation 34 has existed since the Denton Development Code (DDC) was adopted in 2002. However, Ordinance 2012-155 amended the industrial land use categories related to distribution center and warehousing activities and expanded the applicability of L(34). The effects of this code amendment on the DDC are summarized in the table below. Distribution/Warehouse Uses in the Em lo ment Center Districts Use Prior to Ordinance 2012-155 Current DDC Wholesale Storage and Distribution EC-L• L(34) applied Use removed by 2012-155 EC-C: Not Permitted Distribution Center EC-L• Permitted by Right Use removed by 2012-155 EC-C: Not Permitted Wholesale Sales EC-L• Permitted by Right EC-L• Permitted by Right EC-C: Permitted by Right EC-C: Permitted by Right Distribution Center/Warehouse, Use added by 2012-155 EC-L• L(34) applies General EC-C: Not Permitted Warehouse, Retail Use added by 2012-155 EC-L• L(34) applies EC-C: L(34) applies For reference, definitions of the uses currently in the DDC that are referenced throughout this report are listed below. Referenced Uses: • Craft Alcohol Production: A business that primarily manufactures alcoholic beverages for wholesale distribution, but may also include onsite consumption and/or retail sales. • Distribution Centers: A use where goods are received and/or stored for delivery to the ultimate customer at remote locations. This definition was removed under ordinance 2012-1 SS. • Distribution Center/Warehouse, General: A facility where goods or products that are manufactured or assembled off-site are received and stored in bulk, and are then distributed to customers. • Light Manufacturing: Industrial operations relying on the assembly of products using parts previously developed from raw material and not classified as a point source of objectionable pollutants. • Warehouse, Retail: A Distribution Center/Warehouse exceeding twenty-five thousand (25,000) square feet of gross floor area, and devoting up to thirty (30) percent of the gross floor area for display and retail sale of inerchandise. • Wholesale Sales: A business engaged in the sale of commodities in large quantities for resale purposes. • Wholesale Storage and Distribution: The storage and distribution of goods and merchandise produced or manufactured off premise for later shipment to retail or wholesale distributors. This definition was removed under ordinance 2012-1 SS. CONSIDERATIONS: l. As a result of ordinance 2012-155, distribution centers in the EGI district and retail warehouses in either of the Employment Center districts are now limited to no more than 150,000 square feet and 8 truck docks per lot. For size comparison purposes, the Wal- Mart at Rayzor Ranch Marketplace is approximately 167,000 square feet in size, and the Aldi Distribution Center on Westcourt Road is approximately 521,000 square feet. 2. The general regulations for the Employment Center Districts shown in Exhibit 4, in addition to parking requirements, serve to limit the size of a building based on the land area available. The additional restrictions imposed by L(34) render many larger parcels zoned EGI and EGC undesirable for distribution centers or warehouses that would otherwise be able to develop there. As an example, based on the FAR, lot coverage, and parking requirements (1 space per 1,000 square feet of building) for a 150,000 square foot distribution center or retail warehouse to be developed in the EGI District, the property being developed would have to be at least 5.2 acres in size. A cursory analysis of substantially undeveloped properties currently zoned EGI determined that there are approximately 24 tracts of land in the City that meet this minimum size requirement and are thus restricted by L(34). These parcels are outlined on the maps provided in Exhibits 5 and 6 and total approximately 429 acres in size. By applying this same methodology, in order to develop a 150,000 square foot retail warehouse building in the EGC District a minimum lot area of 5.5 acres is needed. There are approximately 7 tracts of land in the City zoned EGC District that meet this minimum size requirement and are thus restricted by L(34). These parcels are outlined on the maps provided in Exhibits 7 and 8. Approximately 148 acres of land zoned EC-C are included in this example. 3. Limitation 34 also stipulates screening/buffering requirements for loading docks and outdoor storage. These requirements are already established in Subchapter 13 of the DDC so no requirements are being lost by removing L(34). Buffering between potentially incompatible uses is required for all development in the City. Outdoor storage and mechanical equipment screening is required regardless of use. Additionally, for industrial uses within 250 feet of an arterial roadway (which is most of the parcels identified on Exhibits 5-8), loading docks are not permitted to be visible or directly accessed from the street. 4. The request is to remove Limitation 34 from the distribution center/warehouse, general use and the warehouse, retail use in the EGI and EGC Districts. While this limitation does not apply to that many acres of land City-wide, it does substantially limit the use of those properties since many uses fall within the scope of "distribution center/warehouse, general" or "warehouse, retail". It should also be noted that these same properties could be developed with a use such as light manufacturing or craft alcohol production with no limitations on square footage or the number of truck bays. For example, a craft alcohol production facility could develop in the EC-I District and produce, sell, and distribute alcohol from their facility without size limitations, but a standalone alcohol distribution center would be limited in terms of both size and the number of bays. STAFF RECOMMENDATION: Staff recommends approval of the request. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, a notice was published in the Denton Record Chronicle. 35.5.6. - Employment Centers. 35.5.6.1. Purpose. The purpose of the Employment Centers is to provide locations for a variety of workplaces and complimentary uses. Land Use categories within Employment Centers include: EGC Employment Center Commercial EC-I Employment Center Industrial 35.5.6.2. Permitted Uses. The following uses and their accessory uses are permitted within the Employment Centers: �� , Residential Land Use Categories EGC EC-I , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Accessory Dwelling Units N N , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Agriculture P P , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Attached Single-family Dwellings N N , ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Community Homes For the Disabled N N , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Dormitory N N , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Duplexes N N , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Dwellings Above Businesses N N , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Fraternity or Sorority House N N , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Group Homes N N , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Livestock L(7) L(7) , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Live/Work Units N N Manufactured Housing Developments N N � .... .... .... .... .... .... .... .... .... .... .... .... .... .... . Multi-Family Dwellings N N , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Single-family Dwellings N N , , ' P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section ' 35.5.8 Commercial Land Use Categories EGC EC-I ' Administrative or Research Facilities P P � ' Auto and RV Sales P P � � � � � � Bar � � � � � P P _ Bed and Breakfast N N � Broadcasting of Production Studio P P � Commercial Parking Lots P P � Drive-through Facility P P � Equestrian Facilities N N � Home Occupation N N � � � � � � Hotels � � � � � P P � ' Indoor Recreation P P � Laundry Facilities P P � Major Event Entertainment P P � � � � � � Motels � � � � � P N � .... .... .... .... .... .... .... .... .... .... .... Movie Theaters N N Outdoor Recreation P N � � � � � Private Club � � � � P P � Professional Services and Offices P P � Quick Vehicle Servicing P P � ' Restaurant P P � Retail Sales and Service P L(18) � ' Sale of Products Grown on Site N N � Self-service Storage P P � Sexually Oriented Business N N � Temporary Uses L(38) L(38) � Vehicle Repair P P � , , ' P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section ' 35.5.8 Industrial Land Use Categories EGC EC-I , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Bakeries P P , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Compressor Stations N N , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Construction Materials Sales N P Craft Alcohol Production P P � .... .... .... .... .... .... .... .... .... .... .... .... .... Distribution Center/Warehouse, General N �P , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Feed Lots N N , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Food Processing N N , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Gas Wells L(27) L(27) , < Heavy Manufacturing N N , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Junk Yards and Auto Wrecking N N , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Kennels P P , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Light Manufacturing P P , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Manufacture of Non-odoriferous Foods P P , ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Printing/Publishing P P , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Sanitary Landfills, Commercial Incinerators, Transfer Stations N N , ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Veterinary Clinics P P , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Warehouse, Retail �P �P , < Wholesale Nurseries N L(32) , ,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,< Wholesale Sales P P Wrecker Services and Impound Lots SUP L(29) SUP L(29) � , , ' P=Permitted, N=Not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section ' 35.5.8 Institutional Land Use Categories I' EGC I' EC-I .... .... .... .... .... .... .... .... .... .... .... .... .. Adult or Child Day Care P P Basic Utilities P P Business/Trade School P P Cemeteries N N Churches P P � � � � � Colleges � � � � � P P � Community Service P P Conference/Convention Centers P SUP Elderly Housing P N Electric Substations and Switch Stations P P � � � � � High School � � � � � N N � � � � � � �Hospital � � � � � P N � Kindergarten, Elementary School N N Medical Centers P N Middle School N N Mortuaries P P � .............................................. Parks and Open Space P P � .............................................. Semi-public, Halls, Clubs, and Lodges P P � .............................................. WECS (Building-mounted) SUP SUP WECS (Free-standing Monopole Support Structure) SUP SUP P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 35.5.6.3. General Regulations. General regulations of the Employment Center are as follows: .��w. General Regulations EGC EC-I �� Minimum lot area (square feet) 2,900 �� 2��5 �� , 00 Minimum lot width 20 feet 50 feet Minimum lot depth 50 feet 50 feet �� Minimum front yard setback �� None 10 feet Mini�mum side yard None N one � � � � � No�ne �� 10�� Minimum side yard adjacent to feet a street inimum yard abuttin a 30 feet, lus 1 foot for each foot M' ' g p of 30 feet, plus 1 foot for each foot of single-family use or district building height above 30 feet building height above 30 feet Maximum FAR 1.50 �� 0�.�� '�� 75 Maximum lot coverage 80% 8 .._ ��5 % Minimum landscaped area 20% 1 � 5% Maximum building heigh� 100 fee� 65 uu� feet Maximum WECS height 110 feet 75 u� feet 35.5.8. - Limitations. The following define the limitations to zoning uses when the zoning matrix identifies a use as permitted, but limited: L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed one (1) per lot. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed fifty (50) percent of the GHFA of the primary residence on the lot, and shall not exceed one thousand (1,000) sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One (1) additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed fifty (50) percent of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten (10) acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten (10) acres. L(2) = For infill lots, the front setback shall be an average of the adjacent lots. L(3) = In part of a subdivision of two (2) acres or more, up to two (2) units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single-family residence from the street. L(4) = Multi-family is permitted only: With a Specific Use Permit; or 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use within one (1) year prior to the effective date of Ordinance No. 2005-224; or If allowed by a City Council approved neighborhood (small area) plan. L(5) = Within this district the density of apartments will be calculated as one (1) bedroom equating to one- half (.5) unit. L(6) = RESERVED L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one (1) per each acre over three (3). L(8) = Travelers' accommodations, are permitted, provided that: The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have one (1) off-street parking space, and the owners shall have two (2) parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. 3. That only one (1) ground or wall sign, constructed of a non-plastic material, non-interior illuminated of four (4) sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5. All traveler's accommodations shall be within two hundred (200) feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least four hundred (400) sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than eight (8) guest units. L(9) = All restrictions of L(8), but limited to no more than fifteen (15) guest units. L(10) = All restrictions of L(8), but limited to no more than five (5) guest units. L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than one hundred (100) seats and no more than four thousand (4,000) square feet of restaurant area. L(12) = On-premise consumption or retail sales and shall limit the use to no more than ten thousand (10,000) square feet of gross floor area for production, bottling, packaging, storing, and other manufacturing related activities, and additional square footage shall require a Specific Use Permit. L(13) = Uses are limited to no more than fifty-five thousand (55,000) square feet of gross floor area per lot. L(14) = Uses are limited to no more than ten thousand (10,000) square feet of gross floor area. L(15) = Uses are limited to no more than five thousand (5,000) square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. L(16) = Uses are limited to no more than one thousand five hundred (1,500) square feet of gross floor area per lot. L(17) = Uses that exceed twenty-five thousand (25,000) square feet of gross floor area per use require approval of a SUP. L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than five thousand (5,000) square feet of gross floor area except adjacent to I-35 then uses are limited to ten thousand (10,000) square feet of gross floor area. L(19) = Allowed as an accessory use to the primary business(es) within the same structure. The accessory use is limited to those employees or owners of the business or businesses within the same structure. L(20) = Permitted, but outdoor storage of autos prohibited. L(21) = Bakery and bottling areas not to exceed two thousand five hundred (2,500) square feet. Sales on premises of products produced required in this zone. L(22) = Uses are permitted only in association with Gas Stations and are limited to no more than twenty- five (25) seats except adjacent to I-35 then the number of seats is limited to fifty (50). L(23) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed five thousand (5,000) square feet. L(24) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed one thousand five hundred (1,500) square feet. L(25) = If proposed use is within two hundred (200) feet of a residential zone, approval is subject to a Specific Use Permit. L(26) = Uses are limited to no more than two thousand five hundred (2,500) square feet of gross floor area per lot. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L(28) = Use allowed as part of consolidated parking plan. L(29) = Wrecker Services and Impound Lots must comply with the following provisions: 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicles shall be opaquely screened from all rights-of-way and residential uses and zoning districts. 3. Parking and vehicle storage areas associated with wrecker services and impound lots activities are not allowed within undeveloped floodplain, water-related habitat, and riparian buffer environmentally sensitive areas (ESA). 4. Best management practices addressing stormwater quality must be implemented and maintained on site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (ISWM) Manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. L(30) = Permitted as part of a mixed use building and only in conjunction with office, retail, or other permitted commercial, or institutional uses, equal to at least fifteen (15) percent of the floor space of the residential use along any avenue, collector, or arterial street, otherwise these uses are not required. L(31) = Permitted as part of a mixed use building and only in conjunction with office, retail, or other permitted commercial, or institutional uses, equal to at least twenty-five (25) percent of the floor space of the residential use along any avenue, collector, or arterial street, otherwise these uses are not required. L(32) = Not allowed to locate adjacent to an arterial and within one thousand (1,000) feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public open space. L(33) = Additional height may be allowed with an SUP and a viewshed study, which illustrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. L(34) = RESER�(EC? L(35) = Self-Service Storage uses must comply with the following provisions: 1. All sides of a self-service storage facility shall be constructed of 100 percent masonry, stone, architectural concrete block with integrated color (split-face CMU), stucco, concrete tilt-wall (colored or stamped). 2. The limitation on exterior materials is exclusive of fenestrations such as doors, windows, glass and entryway treatments. Glass may not account for more than 70 percent of the exterior wall area. 3. No overhead bay doors and/or storage unit doors may be visible from adjacent property or public right-of-way. 4. No outdoor storage permitted. 5. All proposed fencing materials are limited to masonry and wrought iron and shall be constructed in compliance with Section 35.13.9, as amended. 6. Landscape buffers shall be provided in accordance with Section 35.13.8, as amended. L(36) = Permitted when combined with retail sales. L(37) = Five (5)-acre minimum land area required and no more than twenty-five (25) kennels per acre allowed, including indoor and outdoor runs. A natural buffer strip is required adjacent to any residential use. L(38) = Must meet the requirements of Section 35.12.9. L(39) _ L(40) =Limited to a maximum twelve (12) units per acre. L(41) = Lots where the proposed WECS will be located shall have a minimum lot area of two (2) acres. A maximum of one (1) WECS is permitted by right. Multiple WECS are permitted only with approval of a SUP. L(42) = Building-mounted WECS may not extend higher than ten (10) feet above where the WECS is mounted on the building. The height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the blades' elevation. If the WECS does not use blades, then height is measured from the base of the WECS where it is mounted on the building to the highest point of the WECS. L(43) = Electric Substations and Switch Stations are permitted subject to the following criteria: 1. An applicant shall be required to submit an application for a Specific Use Permit pursuant to Subsection 35.6 in accordance with procedures set forth in Subsection 35.3.4 unless it is able to meet the following requirements: A. Use of the property is associated with a City Council approved Capital Improvements Plan (CIP) or other City Council approved Master Plan; and B. A public hearing was held at the City Council for the selection of the site to include: i. Written notice of the public hearing was provided to property owners within two hundred (200) feet and physical addresses within five hundred (500) feet of the subject property at least twelve (12) days prior to public hearing; and ii. A sign advertising the public hearing was posted on or adjacent to the property at least twelve (12) days prior to the public hearing. C. A neighborhood meeting was held at least fifteen (15) days prior to the public hearing at City Council for the acquisition of the site. 2. All Electric Substations or Switch Stations shall comply with the following development requirements: The proposed electric substation or switch station shall substantially comply with all of the development and regulatory standards established in Subchapter 24; and 2. A site plan demonstrating substantial conformance with all the applicable design standards identified in Subchapter 24 shall be submitted. EGC EC-I Residential Uses Agriculture Livestock L(7) L(7) Single-family Dwellings N N Accessory Dwelling Units N N Attached Single-family Dwellings N N Dwellings above Businesses N N Live/Work Units N N Duplexes N N Community Homes for the Disabled N N Group Homes N N Multi-family Dwellings N N Fraternity or Sorority House N N Dormitory N N Manufactured Housing Developments N N EGC EG1 Commercial Land Uses Home Occupation N N Sa e o Pro ucts Grown on Site N N Hotels Motels N Bed and Breakfast N N Retail Sales and Service , L(18) Movie Theaters N N Restaurant , , Private Club Bar Drive-Through Facility , , Pro essiona Services an Offices Quick Vehicle Servicing Vehicle Repair Auto and RV Sales , , Laundry Facilities , , Equestrian Facilities N N Outdoor Recreation N Indoor Recreation , , Major Event Entertainment , , Commercial Parking Lots A ministrative or Researc Facilities Broadcasting or Production Studio Sexually Oriented Business N N Self-service Storage TemporaryUses L(38) EGC EC-I IndustrialLand Uses Craft Alcohol Production Printing/Publishing Bakeries Manufacture of Non- Odiferous Foods Feed Lots N N Food Processing N N Light Manufacturing Heavy Manufacturing N N Wholesale Sales Wholesale Nurseries N L(32) Distribution Center/Warehouse, General N L(34) Warehouse, Retail L(34) L(34) Self-Service Storage Construction Materials Sales N Junk Yards and Auto Wrecking N N L(27) L(27) L(27) Kennels Veterinary Clinics Sanitary Landfills, Commercial I ncineratiors, TransferStations N N CompressorStations N N Craft Alcohol Production Gas Wells L(27) L(27) EGC EC-I Institutional Land Uses Basic Utilities Community Service Parks and Open Space Churches Semi-Pu ic Ha s, C u s, and Lodges Business/Trade School Adult or Child Day Care Kindergarten, Elementary School N N Middle School N N High School N N Colleges Conference Convention Centers ,, , Hospital N Elderly Housing , N Medical Centers N Cemeteries N N Mortuaries , , WECS (freestanding monopole) WECS (building mounted) Electric Substations & Switch Stations Basic Utilities� � EGC I EC-I General Regulations iimum Lot Area (square feet) 2,900 2,500 Maximum Density Maximum FAR 1.5 0.75 Maximum Lot Coverage g0% 85% Minimum Landscaped Areal 20% I 15% Maximum Building Height 100 feet 65 feet LIMITATIONS: L(7) — Limited to two animals on parcels one to three acres in size. Additional animals may be added at a rate of one per each acre over three acres. L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than five thousand (5,000) square feet of gross floor area except adjacent to I-35 then uses are limited to ten thousand (10,000) square feet of gross floor area. L(27) = Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production. L(29) = Wrecker Services and Impound Lots must comply with the following provisions: 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicles shall be opaquely screened from all rights-of- way and residential uses and zoning districts. 3. Parking and vehicle storage areas associated with wrecker services and impound lots activities are not allowed within undeveloped floodplain, water-related habitat, and riparian buffer environmentally sensitive areas (ESA). 4. Best management practices addressing stormwater quality must be implemented and maintained on site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (ISWM) Manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. L(32) = Not allowed to locate adjacent to an arterial and within one thousand (1,000) feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public openspace. L(34) = Permitted with no more than one hundred fifty thousand (150,000) gross square feet and eight (8) truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards For outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. L(38) — Must meet the requirements of Section 35.12.9. Selected Vacant Properties or Properties with a Gas Well (Within EC-I Zoning) Site Location � � � � �� : �� " ., �� ;, E �,� 0 1,750 3,500 7,000 Selected Parcels DGG �� EGI MPC �� NR-6 RCGD � Feei ''� ,, ,, ; '�"'�;9iiiiiiiillll!Piiiiiii�llll NRM� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII R��-N �� . :.. ,� �� DC-N ETJ NR-1 _ _ Centerline I �� NRMU 12 RCR-1 x .' A DR-1 i IGE NR-2 l�i ��- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII CM-E �R-� IIIIIIIIIIIIIIIIIIIIIIIIIII� IC G I NR-3 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII PD �� RCR-2 � .� �� "Q�w �r ,� �. EGC IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII MF-1 IIIIIIII IIIIIIIIIIIIIIIIII NR-4 pIIIIIIUUUuuu�� . �I CM-G I � �mIIV��NUU�I��m��IIU� RC � RD-5 ��ca �'",-, ... ... �� RD-5X ; �:��;,, Il.k�+'�pq',rNao�odoaee-�sii�3zoia��d;'rikll� The City of Denton has prepared maps for departmental use. These are not offlcial maps of the City of Denton and should not be used for le❑al, enpineerinq or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effortTo produce anc7 publish the most current and accurate information possible. No warranties, expressec7 or implied, are provided for the data herein, its use, or its interpretation. Utilization ofthis map indicates understanding and acceptance ofthis statement. Selected Vacant Properties or Properties with a Gas Well (Within EC-I Zoning) Site Location � � . , . . . . . . � � � � � �� , „�. �� ... .�� . . � , • • � � � � . � .... ,„. �� « . , � . . .. � � �,.� � � uu � ..... . � ,„. .� u:„ � � �,. ..., .... v.,,. : �, . a.... u... u..� , . . � ' • i� ui� � u � �.... ...... ,��,. � � �" � `� '—��, , � � � � � •• :. � ' � � � • . . . . . ... ....� .—_. � --- � , , ��„,�"" � ��'° � �� • . . f � � � ' "� ..� C �� . ' ' • ' 2as " �,, hi . . . . • /' � • � � , ,,, � . +�= �' � � � � ' �" � �. � • • � , � � �' ' � f �^' ' , • ', �,� � � . � � .......................1. r.. �� --. �� ._ ... .... I �� °�.,, , � �� ...... ~�� . . , .... . . � �� .....�... � �w�� w�o� ;� � � �. �� .... f � 1 ��. e�z,s4 f .. ��o .�� "z �z�8 fr' � �" � ° ` .... � .... ...�� "m � j�.. �' �. �-'$��. � �4 �� 5� �°�. � � ) f �f �� s �� $ .. �� sao � � � 1 � i �� - T � &u17,�� 99 �� C � � i � �. � � ..� � � "' . ' „,� ", m�� Pu12 I 1�1 1 9 ,, � �� y ........................ ' .�, , �.� ��^ �,m�� IIII 15 ¢ IIII .... '�� IIII � � 380 ""� � } �N �'I�� -�+ � � ,�� } ,u�� — - � � � � -�� .........�............ �.... � .�..� ................. zz. �W � .� �, �' �' �. � � � �' � '� �20 � ......a ................................,....,..,........... � � �� . � � ..A .....................................I ......,..............,..........,...... -�- �.—. __._ ' ^ .................... azs „�,�„, � � � w�, ..� ................... . � � �,,N : ' : :� :::::::::.::::�...�� •-- � IIII � �, : � � � f � � , � �V � � � ��?"3 ...............,• �� 4 II �'I �� 1 � ��.� .. �� . ��' �� . ................ ,� �� ,��. �� ...�.....�,,8, �� — 3„ N�� I m , �. � � � � .. � 1 I �j �I� 1515 �� 377 77 ..........N . � III � , � � „„„��"'. �16 °„, „,„� "��3 � MV � � � � �� _ �,„„,„„,„,�„„„„�„„„„,,,�, ,, ��„„„,„„�„,,,.��,�b^�„,„ Owner Name Acreaee I� ^'— 1 380 STORAGE OF DENTON LLC 9.9 �„w I ° II ��r �� • ��""'� ^�°"'"�� 2 GAMMON, F DON ETAL 17J � � ' � ~ � � � � � � �`� � 3 MEDANJO PARTNERS LTD 13.8 �w�� .� ..�I� ..... ..,,. ,�,,. • 1 � IIII S "� �� • / � �� 4 PAAG E LT D 66.3 � r � 5 CHRISTIE, EFFIE 6.6 , � ..�� .. .I� ��^� � �� -"— �� a� 6 SOUTHWEST DENTON J/V 17.9 � .........�..w�.,.... ,r ,�'� k � j 7 DANKEL, GUY & HOPPER, JACK 9.6 � ° � p � 8 SPIRITAS, STEVEN F ETAL 17.9 � �,� A � m � � �� .... ... ... .... � ""i 9 PAAGE LTD 21.4 ..�i o z44s . o�� ..... � ! � II � s �' � � 10 PAAGE LTD 9.8 � �' ' 11 KEY ROBERTS PARTNERS LTD 20.2 ,�w ^��u � � � �,„„„„„ �............�......... �......„�.......,.� �� 6' ' ..�. —.}— .� 12 ARAB, HABIB PYARALI & SALMAN 7.6 �IIII��" � 377 ! � 13 TERRANO REALTY INC 23.4 e'� �� '°�� , . � �`'^�� { � 14 TERRANO REALTY INC 26.1 , . .. ..... � IIII � � I � � �� ,... �II � ' • . . . � ..............�......................1...........................,..........�.......�.............,��.....,......,...... 15 A & A DENTON PROPERTIES LP 69.2 � � . . .., G � � 16 JIM/HERITAGE LP 10.3 � ' iaso , I z�s� � • • G � I ? ll L0, HENRY PANG LIVING TRUST 5.8 � . ' • � �• •. , { . . .�' � 18 SALLY BEAUTY SUPPLY CO INC 6.6 . � "�"` � ,�, � . I�� , '�� ... '� �",� �� 19 UNITEDCOPPERINC 10.8 � �" � "� �, 1 20551MAYHILLJ/V 11.1 ' . "� . � . � � � «�.� � � � "� • � � ,,,,,,� �.�........... 21 MRLP RN LAND LLC 14.3 . *�. �" �� ,.... �� ' •• �� .,�� a�A�� a.�� 22 M R L P R N LAN D L LC 6.8 . � � � r II � � „ ��,� � 23 WOODROW MORSE PROPERTIES LLC 8.1 II.... .,,.. .�� i , ' °' � 24 MRLP BICK PROPERTY LLC 17.2 �� NM �� y 0 1,750 3,500 7,000 Selected Parcels �--� � Collector JF Feet W $ j� Current Certified Parcels � � Future Freeway 5 �� • �� - � Freeway �� Future PrimaryArterial � ` � �� L,.r.� , cac �,r . „ � °°°°°°� PrimaryArterial °°°°. °°°�° Future SecondaryArterial �;G,;/�� '� ❑ f, " '", •" � °°°°°°� SecondaryArterial • • • Future Collector �� I ; °��"""'�N°° "��'�.�"°„"�°"r�`"��`�'''"'°� �'.��° � � 3/2018 The City of Denton has prepared maps for departmental use. These are not offlcial maps of the City of Denton and should not be used for le❑al, enpineerinq or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effortTo produce anc7 publish the most current and accurate information possible. No warranties, expressec7 or implied, are provided for the data herein, its use, or its interpretation. Utilization ofthis map indicates understanding and acceptance ofthis statement. Selected Vacant Properties or Properties with a Gas Well (Within EC-C Zoning) Site Location � �� : �� " ., �� ;,�E �,� 0 875 1,750 3,500 Selected Parcels DGG �� EGI MPC �� NR-6 RCGD � Feei ''� � � � '�"'�;9iiiiiiiillll!Piiiiiiiillll NRM� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII R��-N � s �� ; o �� ,� �� — _� �� Centerline � DC-N ETJ NR-1 _ �� NRMU 12 RCR-1 x .' � .� A DR-1 IC E NR-2 l�� - � � IIIIIIIIIIIIIIIIIIIIIIII CM-E �R-� I IIIIIIIIIIIIIIIIIIIII� IC G I NR-3 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII PD 7 RCR-2 � .� �� "Q�w ,r . EGC IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII MF-1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NR-4 OIIIIIIUUUuuu�� ^a w. ��i; CM-G �mIIV��NUU�I��m��llll RC � RD_5 �� ,"' ,`c. RD-5X �' `' II kw��ra��rNao�orerrra.��v� ��d M rwc�� w d:i�kll� � ............... •., Defe-3/1 /2018 The City of Denton has prepared maps for departmental use. These are not offlcial maps of the City of Denton and should not be used for le❑al, enpineerinq or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effortTo produce anc7 publish the most current and accurate information possible. No warranties, expressec7 or implied, are provided for the data herein, its use, or its interpretation. Utilization ofthis map indicates understanding and acceptance ofthis statement. Selected Vacant Properties or Properties with a Gas Well (Within EC-C Zoning) Site Location I � � I � � � tt -� --.-�- � �._ _I � I 4 .�. ��. � � ._. �. � �._. � �� ---~- f f � t �j � ��.�I _ �_��. � t ��.�.�� .......�I� ,� � f ��. � f CHAMBERLAIN TRUST CUDD, DOROTHYJEAN TRUST TERRANO REALTY INC NW REALTY INC NW REALTY INC MEDANJO PARTNERS LTD ZFN REALTY LLC 5.9 5.6 6.0 48. 7 17.1 58.1 6.1 A �� 0 875 1,750 3,500 Selected Parcels — Future Freeway `�, E Feet � M ^" � �N� � Freeway �� Future Primary Arterial 5 � , �"� �'" � � �. °°°°°°°� Primary Arterial °°°°. °� °°° Future Secondary Arterial � �' �~ ''� � crrv ,r" � cat . ,� �. °°°°°°° Secondary Arterial • • Future Collector �}` � �-;; ❑ .; . '�` �--� — Collector Current Certified Parcels ;%�� ,��'� �, ii�w��"""'��N°°�"rerr'd.��"a� �°�° " r�c�� " ��"'"'u� D fe-3/16/2018 The City of Denton has prepared maps for departmental use. These are not offlcial maps of the City of Denton and should not be used for le❑al, enpineerinq or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effortTo produce anc7 publish the most current and accurate information possible. No warranties, expressec7 or implied, are provided for the data herein, its use, or its interpretation. 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