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2018-07-24 Agenda with Backup
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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1063,Version:1 AGENDA CAPTION Receive a report; hold a discussion, and receive departmental presentations in preparation for the FY 2018-19 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. City of DentonPage 1 of 1Printed on 7/20/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance DCM: Bryan Langley DATE: July 24, 2018 SUBJECT Receive a report; hold a discussion, and receive departmental presentations in preparation for the FY 2018-19 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. BACKGROUND The purpose of this work session and additional work sessions during the months of June and July is to have each City Department give a brief presentation to City Council. Each presentation will cover the structure and staffing of the Department, functional areas and major responsibilities, goals and accomplishments, performance measures, cost containment efforts and process improvement strategies. These presentations are scheduled to be presented during the months of June and July prior to the City being presented to City Council on August 2, 2018. The planned presentations for this meeting are from Capital Projects, Streets, Traffic, Public Safety Communications, and Finance. The Department presentations are attached to this item. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS 1. Agenda Information Sheet 2. PowerPoint Presentation Capital Projects 3. PowerPoint Presentation Streets 4. PowerPoint Presentation Traffic 5. PowerPoint Presentation Public Safety Communications 6. PowerPoint Presentation Finance Respectfully submitted: Antonio Puente, Jr. Director of Finance Prepared by: Nancy Towle Budget Manager Lane MIles Lane Miles Lane Miles Lane MilesMiles Lane MilesLane MIles City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1078,Version:1 AGENDA CAPTION Receiveareport,holdadiscussionandgivestaffdirectionregardinganInternalAuditRiskAssessmentand Audit Plan. City of DentonPage 1 of 1Printed on 7/20/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Internal Audit CITY AUDITOR: Umesh Dalal DATE: July 24, 2018 SUBJECT Receive a report, hold a discussion and give staff direction regarding an Internal Audit Risk Assessment and Audit Plan. BACKGROUND Over the past several months, the City Auditor has obtained a preliminary understanding of the City’s operations after interacting with several department Directors and the City Manager’s staff. An Audit Risk Assessment was completed using: Information obtained from the City personnel; Previous knowledge of government operations and Local Government Auditors’ Association’s audit report database. The risk assessment depicts the areas where auditing efforts will help in improving internal controls, efficiencies, effectiveness and compliance. It should be noted that due to prolonged absence of internal audit function in the City, risk rating are assigned using vulnerabilities of operations similar to the City’s operations experience as identified by auditors across the country. The above risk assessment has identified about 200 audit areas. Using the above risk assessment and some of the recent developments, the City auditor has prepared a preliminary audit plan until the end of the FY 2017-18. The audit plan is presented for your review and approval RECOMMENDATION Approval of Risk Assessment and Audit Plan for FY 2017-18. PRIOR ACTION/REVIEW (Council, Boards, Commissions) April 30, 2018 – The Internal Audit Risk Assessment was presented to the Audit/Finance Committee. The Committee recommended approval and directed the Internal Auditor to proceed with presenting the Internal Audit Risk Assessment and Audit Plan to the City Council FISCAL INFORMATION This audit plan will evaluate selected controls over City resources exceeding $500 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 Goals: 1.1Manage financial resources in a responsible manner. 1.2Develop a high-performance work force. 1.3Promote effective internal and external communication. 1.4Achieve high level of customer satisfaction. 1.51.5 Utilize technology to enhance efficiency and productivity. EXHIBITS 1.Agenda Information Sheet 2.Presentation Respectfully submitted: Umesh Dalal, 349-8158 City Internal Auditor City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1014,Version:1 AGENDA CAPTION ConsideradoptionofanOrdinanceoftheCityofDentonauthorizingtheCityManager,ordesignee,toexecute aconfidentialityagreementbetweentheCityandInvenergyLLC.,aDelawareLimitedLiabilityCompany,for thepurposeofdiscussingthepurchaseofelectricpowerandcapacitygeneratedfromsolarenergyaspartof achievingthegoaloftheCityÓsrenewableresourceplantomeetthefutureneedsofitselectriccustomerswith 100 percent renewable energy; providing for a severability clause; and providing for an effective date. City of DentonPage 1 of 1Printed on 7/20/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Denton Municipal Electric CM: Todd Hileman DATE: July 24, 2018 SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager, or designee, to execute a confidentiality agreement between the City and Invenergy LLC., a Delaware Limited Liability Company, for the purpose of discussing the purchase of electric power and capacity generated from solar energy as part of achieving the goal of the City’s renewable resource plan to meet the future needs of its electric customers with 100 percent renewable energy; providing for a severability clause; and providing for an effective date. BACKGROUND Invenergy, LLC recently responded to a request for renewable solar energy proposals by a group of five municipally owned electric utilities including Denton Municipal Electric. Per the RFP, Invenergy has the right to designate all or portions of their RFP response as confidential. The RFP states that Invenergy may enter into Confidentiality Agreements with each of the public power utilities that elect to participate in Invenergy’s RFP response so that any exchanged confidential information tendered by Invenergy in response to the RFP will be contractually protected. Denton Municipal Electric has expressed an interest in obtaining solar power supply via the RFP, subject to the proposal terms received under the process. Invenergy will distribute the details of its proposal that contains confidential or propriety information to the participating cities including Denton as soon as the parties have executed the Confidentiality Agreement. Entering into this agreement with Invenergy is the only avenue that will allow DME to explore the merits of the Invenergy proposal alongside of the other participating cities. RECOMMENDATION Staff recommends adoption of the attached Ordinance. FISCAL INFORMATION The Ordinance and the Invenergy 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: Ordinance & Agreement Respectfully submitted: George Morrow DME General Manager Prepared by: George Morrow DME General Manager EXHIBIT "A" City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1025,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoawardacontractwithNewGenStrategiesandSolutions,LLC,foraUtility ManagementStudyforElectric,Water,andWastewater;providingfortheexpenditureoffundstherefor;and providinganeffectivedate(RFP6708-awardedtoNewGenStrategiesandSolutions,LLC,inthenot-to- exceed amount of $310,610). The Public Utilities Board recommends approval (5-0). City of DentonPage 1 of 1Printed on 7/20/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: July 24, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to award a contract with NewGen Strategies and Solutions, LLC, for a Utility Management Study for Electric, Water, and Wastewater; providing for the expenditure of funds therefor; and providing an effective date (RFP 6708– awarded to NewGen Strategies and Solutions, LLC, in the not- to-exceed amount of $310,610). The Public Utilities Board recommends approval (5-0). RFP INFORMATION/BACKGROUND All Denton utilities are required by the Section 12.08(f) of the City Charter to conduct a management study in an interval not to exceed 10 years. The Charter specifies the study shall be conducted by a competent management consulting or industrial engineering firm and that the report and recommendations shall be made public. The purpose of conducting management studies is to provide a thorough examination of all major elements of utilities operations to ensure utilities are adhering to processes required by the charter and organization, are being managed efficiently, and are cost effective. Solid Waste has traditionally not been included in the Charter management studies, as municipal solid waste operations are not considered a utility under Texas Local Government Code. However, there is nothing to prevent Solid Waste from being included. Staff contemplated doing so for the current effort, but there have been several studies covering elements of a traditional management study that have been recently conducted or are being conducted currently for Solid Waste. Examples include recently completed “Weaver “Evaluation of Functions, Processes, and Controls”, and the recently completed “Staffing Analysis and Operational Review” that was conducted by Blue Ridge Services”. Since these studies cover similar elements, implementing a Solid Waste management study at this time would be redundant. The last management studies were completed in 2008-2009. For consistency, staff incorporated the major elements from past management studies into the current request for proposals (RFP). Respondents were provided the flexibility to respond to Water, Wastewater and Denton Municipal Electric components combined, or respond to Water, Wastewater, and Denton Municipal Electric separately. Request for Proposals was sent to 656 prospective vendors for these services. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. One (1) proposal was received and evaluated based upon published criteria including project schedule, compliance with specifications, indicators of probable performance, and price. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On February 12, 2018, a work session item was presented to the Public Utilities Board. On March 20, 2018, a work session item was presented to the City Council. On July 9, 2018, the Public Utilities Board recommended this item to the City Council for consideration. RECOMMENDATION Award a contract with NewGen Strategies and Solutions, LLC for a Utility Management Study for Electric, Water, and Wastewater, in the not-to-exceed amount of $310,610. PRINCIPAL PLACE OF BUSINESS NewGen Strategies and Solutions, LLC Brentwood, TN ESTIMATED SCHEDULE OF PROJECT The current schedule is to complete the draft management studies during 2018. Interim products of the Management Study will be provided to the Public Utility Board during this time. A final presentation of the Management Studies will be provided to the Public Utility Board for recommendation, and then will be taken to City Council for approval. Staff anticipates the final presentations will be completed in spring 2019. FISCAL INFORMATION Part of these services will be funded from Electric account 600001. Requisition # 138979has been entered into the Purchasing software system in the amount of $157,310. The budgeted amount for this item is $500,000.The remainder of these services will be funded from Water and Waste Water account 640370541. Requisition # 138990has been entered into the Purchasing software system in the amount of $153,300. The budgeted amount for this item is $156,450. 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: Pricing Evaluation Exhibit 3: Contract Exhibit 4: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Kenneth Banks at 940-349-7165 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1037,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoexecuteanInterlocalCooperativePurchasingAgreementwithDentonCounty, undertheGovernmentCode,Chapter791,toauthorizeDentonCountytoprovidePropertyTaxBillingand CollectionsServicesfortheCityofDenton;providingasavingsclause;andprovidinganeffectivedate(File 6857-InterlocalCooperativePurchasingAgreementwithDentonCountyforone(1)year,withtheoptionfor an additional one (1) year extension). City of DentonPage 1 of 1Printed on 7/20/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: July 24, 2018 SUBJECT 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 withDenton County, under the Government Code, Chapter 791,to authorize Denton County to provide Property Tax Billing and Collections Services for the City of Denton; providing a savings clause; and providing an effective date (File 6857- Interlocal Cooperative Purchasing Agreement with Denton County for one (1) year, with the option for an additional one (1) year extension). BACKGROUND This Interlocal Agreement for tax collection services to be performed by Denton County was initially established in March 2007. At that time, the agreement was exclusive to the processing of statements and supplemental payments for the 2007 tax year and subsequent tax years. In August 2008, the City Council renewed the Interlocal Agreement and included a provision for all tax years to be included in processing supplemental tax payments. The County currently processes tax statements, approximately 53,000, and tax supplemental payments on the City’s behalf. This arrangement is efficient because one entity is responsible for billing and collecting payments for all three taxing entities: the City, the County, and the School District. 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. This Interlocal Agreement continues to authorize Denton County to process tax statements and payments on behalf of the City of Denton. The price for this service will be $1.00 per parcel. The County will process the initial tax statements in October, with two delinquent mailings in the following February and May. RECOMMENDATION Award an Interlocal Agreement with Denton County to provide tax processing services for the 2018 tax year to the City of Denton. PRINCIPAL PLACE OF BUSINESS Denton County Denton, TX ESTIMATE SCHEDULE OF PROJECT This is a one (1) year contract with an additional one (1) year extension. FISCAL INFORMATION These services will be funded from the General Fund operating account 160099.7879 in the estimated annual amount of $60,000 for FY 2018-19. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Contract Exhibit 3: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Antonio Puente, Jr. at 940-349-7283 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1097,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityCounciloftheCityofDenton,Texas,amendingOrdinance 2017-291toreplacetheFY2017-18AnnualAuditPlanandprovidinganeffectivedate.TheAudit/Finance Committee recommends approval (3-0). City of DentonPage 1 of 1Printed on 7/20/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Internal Audit CITY AUDITOR: Umesh Dalal DATE: July 24, 2018 SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, replacing Ordinance 2017-291 for the FY 2017-18 Annual Audit Plan, and providing and effective date. The Audit/Finance Committee recommends approval (3-0). BACKGROUND Over the past several months, the City Auditor has obtained a preliminary understanding of the City’s operations after interacting with several department Directors and the City Manager’s staff. An Audit Risk Assessment was completed using: Information obtained from the City personnel; Previous knowledge of government operations and Local Government Auditors’ Association’s audit report database Input from the City Council members. The risk assessment depicts the areas where auditing efforts will help in improving internal controls, efficiencies, effectiveness and compliance in the City operations. It should be noted that due to the prolonged absence of internal audit function in the City, the City Auditor did not have prior experience to assess the risk in the City of Denton. Therefore, the risk ratings are assigned using vulnerabilities experienced by operations similar to the City’s operations as identified by auditors across the country. The above risk assessment has identified about 200 audit areas. Using the above risk assessment and some of the recent developments, the City auditor has prepared a preliminary audit plan until the end of the FY 2017- 18. This plan will allow the City Auditor to understand the state of internal controls existing in the City, which can be used as foundation for better audit effectiveness in future. The Audit Plan is presented for your review, approval and adoption, replacing Ordinance No. 2017-291. RECOMMENDATION Approval and adoption of the ordinance for the revised Audit Plan for FY 2017-18, replacing Ordinance No. 2017-291. PRIOR ACTION/REVIEW (Council, Boards, Commissions) October 10, 2017 – The City Council adopted Ordinance 2017-291. April 30, 2018 – The Internal Audit Risk Assessment and Annual Audit Plan was presented to the Audit/Finance Committee. The Committee recommended approval and directed the City Auditor to proceed with presenting the Internal Audit Risk Assessment and Audit Plan to the City Council. July 24, 2018 – A Work Session item was presented to the City Council detailing the Internal Audit Risk Assessment and revised 2017-18 Annual Audit Plan. FISCAL INFORMATION This audit plan will evaluate selected controls over City resources exceeding $500 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 Goals: 1.1Manage financial resources in a responsible manner. 1.2Develop a high-performance work force. 1.3Promote effective internal and external communication. 1.4Achieve high level of customer satisfaction. 1.51.5 Utilize technology to enhance efficiency and productivity. EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 – Presentation to the City Council Exhibit 3 – Ordinance Respectfully submitted: Umesh Dalal, 349-8158 City Internal Auditor City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1136,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionoftheCityCounciloftheCityofDenton,Texas,authorizingtheMayorto approvetheissuanceofNewHopeCulturalEducationFacilitiesFinanceCorporationCapitalImprovement RevenueBonds(CHF-CollegiateHousingDenton,L.L.C.-TexasWomanÓsUniversityDiningProject)Series 2018Binanaggregateprincipalamountnottoexceed$100,000,000;recognizingthattheCityofDentonisnot responsibleforissuingrevenuebondsandhasnofinancialobligationtopayanyprincipaloforinterestonthe revenuebonds;makingcertainfindingsinconnectiontherewith;andtoapprovetheprojectstobeacquired with the proceeds of such bonds; and providing for an effective date. City of DentonPage 1 of 1Printed on 7/20/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance DCM: Bryan Langley DATE: July 24, 2018 SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas, authorizing the Mayor to approve the issuance of New Hope Cultural Education Facilities Finance Corporation Capital Improvement Revenue Bonds (CHF – Collegiate Housing Denton, L.L.C. – Texas Woman’s University Dining Project) Series 2018B in an aggregate principal amount not to exceed $100,000,000; recognizing that the City of Denton is not responsible for issuing the revenue bonds and has no financial obligation to pay any principal of or interest on the revenue bonds; making certain findings in connection therewith; and to approve the projects to be acquired with the proceeds of such bonds; and providing an effective date. BACKGROUND On January 16, 2018, the City Council approved Resolution 2018-001 authorizing the issuance of revenue bonds with an aggregate principal amount not to exceed $100,000,000. The purpose of the bonds was for the development, financing, construction, furnishing and equipping of an approximately 900-bed student housing facility and an approximately 32,000 square foot dining facility, along with associated site development and various related amenities and improvements. On July 2, 2018, the City received a letter from the law firm McCall, Parkhurst and Horton (Exhibit 2) requesting that the City Council reauthorize the revenue bonds due to a clarification in the use of the revenue bonds although no change is being proposed to the aggregate principal amount. In order to finance the student housing facility along with associated site development and various related amenities and improvements, the Issuer issued its Capital Improvement Revenue Bonds (CHF- Collegiate Housing Denton, L.L.C. – Texas Woman’s University Housing Project), Series 2018A in the aggregate principal amount of $71,530,000 (the “Series 2018A Bonds”) and the Mayor approved the Series 2018A Bonds in accordance with the requirements of the Code and in accordance with Resolution R2018-001. The Borrower has requested that the Issuer issue its Capital Improvement Revenue Bonds (CHF- Collegiate Housing Denton, L.L.C. – Texas Woman’s University Dining Project), Series 2018B (the “Series 2018B Bonds), which will be issued in an amount not to exceed $28,470,000 pursuant to the Indenture, and to loan the proceeds of the Series 2018B Bonds to the Borrower, pursuant to the Loan Agreement for the purpose of providing funds to finance the cost of development, financing, construction, furnishing and equipping of the dining facility (referenced above) and a parking facility, along with associated site development and various related amenities and improvements to be located on the campus the University, to fund a debt service reserve fund, to fund interest on the Series 2018B Bonds during the period of construction and up to six months thereafter and to pay the costs of issuing the Series 2018B Bonds. Because the scope of the Projects has changed to include a parking facility to be owned by the University, it has been determined that, in order to meet the requirements of the Code; the publication requirements, the public hearing requirements and the governmental approval requirements should be repeated to include the dining facility and the parking facility. The Bonds will be payable solely from the revenues of the Borrower, and the City will have no obligation whatsoever for payment of the Bonds. The projects are located at a location bordered by Administration Drive to the South, Bell Avenue to the West and University Drive to the North, or adjacent thereto, on the Texas Woman’s University Campus in Denton, Texas. Collegiate Housing Denton, L.L.C., is wholly owned by Collegiate Housing Foundation a non-profit corporation exempt from taxation under Section 501(c) (3) of the Internal Revenue Code of 1986. Section 147(f) of the Internal Revenue Code of 1986 (the “Code”) requires the Issuer to obtain a consent to the financing from a governmental unit within which such educational facilities are located. The Project is being financed with bond proceeds and is located within the jurisdiction of the City of Denton, Texas. Therefore, pursuant to the Code, the City of Denton’s consent is required prior to the Project’s financing. Consent is required solely for the purpose of satisfying the Code and to enable the Issuer to proceed with the proposed financing of the Project with tax exempt bonds. In accordance with the Code, a Notice of Public Hearings was published in the Denton Record Chronicle on June 18, 2018. The Public Hearing was held on July 2, 2018 at 1:00 p.m. within the City of Denton at 304 Administration Drive in the Administrative Conference Tower, Denton, Texas 76204. RECOMMENDATION Staff recommends approval of the resolution. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On January 16, 2018, the City Council approved Resolution 2018-001 authorizing the issuance of revenue bonds with an aggregate principal amount not to exceed $100,000,000. The purpose of the bonds was for the development, financing, construction, furnishing and equipping of an approximately 900-bed student housing facility and an approximately 32,000 square foot dining facility, along with associated site development and various related amenities and improvements. FISCAL INFORMATION The Bonds will be payable solely from revenues of the Borrower and the City of Denton will have no obligation whatsoever for payment of the Bonds, nor shall any of its assets be pledged for payment for the Bonds. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS 1. Agenda Information Sheet 2. Letter from McCall, Parkhurst & Horton 3. Letter from City’s Bond Counsel 4. Resolution No. 2018-001 5. Resolution Respectfully submitted: Antonio Puente, Jr., 349-7283 Director of Finance City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1178,Version:1 AGENDA CAPTION ConsideramotiontoreconsiderOrdinanceZ17-0028doftheCityofDenton,TX,adoptedJuly17,2018, regardingassignmentofaninitialzoningclassificationofNeighborhoodResidential6(NR-6)zoningdistrict anduseclassificationonapproximately73.47acresoflandgenerallylocatedonthenorthsideofLongRoad andwestofFM428/ShermanDriveintheCityofDenton,DentonCounty,Texas;adoptinganamendmentto thecityÓsofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00forviolations thereof;providingaseverabilityclauseandaneffectivedate.ThePlanningandZoningCommission recommends approval with conditions 6-0. City of DentonPage 1 of 1Printed on 7/22/2018 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: July 24, 2018 SUBJECT Consider a motion to reconsider Ordinance Z17-0028d of the City of Denton, TX, adopted July 17, 2018, regarding assignment of an initial zoning classification of Neighborhood Residential 6 (NR-6) zoning district and use classification on approximately 73.47 acres of land generally located on the north side of Long Road and west of FM 428/Sherman Drive in the City of Denton, Denton County, Texas; adopting an amendzoning 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 recommends approval with conditions 6-0. BACKGROUND On July 17, 2018, the City Council held a public hearing and adopted Ordinance Z17-0028d regarding the assignment of an initial zoning classification of Neighborhood Residential 6 (NR-6) on a 73.47 acre tract with a proposed density of 4.7 dwelling units per acre. A motion was made to approve the ordinance, and the City Council voted 6-0 in favor of the NR-6 zoning classification. While the motion included the 4.7 dwelling unit per acre density requirement, it did not specify minimum lot size requirements which were discussed during the meeting. Should the City Council desire to formally impose the previously mentioned minimum lot size requirements, a motion would need to be made to reconsider the approval of Ordinance No. Z17-0028d Should the motion carry, the City Council would then hold a public hearing and reconsider adoption of Ordinance Z17-0028d with the minimum lot size requirements at their August 7, 2018, meeting. The reason that a new public hearing is required is so that the Council can regain jurisdiction over the zoning item. Per Texas case law, jurisdiction is lost when the item is either approved or denied by the local governing body. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On October 17, 2017, the City Council held the first public hearing for the annexation of this site. On October 24, 2017, the City Council held the second public hearing for the annexation of this site. On November 14, 2017, the City Council held the first reading of the annexation ordinance and instituted annexation procedures. On January 9, 2018, the City Council held the second reading of the annexation ordinance and approved the annexation of this site into the city. On July 11, 2018, the Planning and Zoning Commission recommended approval of this request 6-0. On July 17, 2018, the City Council adopted the ordinance approving the initial zoning classification 6-0. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS Exhibit 1-Agenda Information Sheet Information related to Ordinance Z17-0028d from the July 17, 2018 meeting can be found online at: http://legistar2.granicus.com/denton-tx/meetings/2018/7/1531_A_City_Council_18-07- 17_Meeting_Agenda.pdf Respectfully submitted: Richard Cannone, AICP Planning Director