HomeMy WebLinkAboutFebruary 18, 2014 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
February 18, 2014
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, February 18, 2014 at 3:00 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:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each
speaker will be given a total of three (3) minutes to address any items he/she wishes that
are listed on the Consent Agenda. A Request to Speak Card should be completed and
returned to the City Secretary before Council considers this item.
2. Requests for clarification of agenda items listed on the agenda for February 18, 2014.
3. Receive a report, hold a discussion and give staff direction regarding a ban on wireless
communication use while operating a motor vehicle in the City of Denton.
4. Receive an update, hold a discussion, and give staff direction on the design process for
the proposed hotel and convention center.
5. Receive a report, hold a discussion and give staff direction regarding proposed
amendments to Chapter 13 (“Food and Food Service Establishments”) of the City of
Denton Code of Ordinances.
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.
CLOSED MEETING
1.Closed Meeting:
A.Deliberations regarding Real Property – Under Texas Government Code Section
551.072; Consultation with Attorneys – Under Texas Government Code Section
551.071.
1. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the S. McCracken Survey, Abstract No. 817, City of
Denton, Denton County, Texas, and generally located on the north side of
N Loop 288, west of Sherman Drive. Consultation with the City’s
attorneys regarding legal issues associated with the potential acquisition
and condemnation of the real property described above where a public
discussion of these legal matters would conflict with the duty of the City’s
City of Denton City Council Agenda
February 18, 2014
Page 2
attorneys to the City of Denton and the Denton City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas, or would jeopardize the City’s legal position in any administrative
proceeding or potential litigation. (69kV Transmission Line Re-build
Project C8)
2. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the T. Toby Survey, Abstract No. 1285, City of
Denton, Denton County, Texas, and generally located north of Airport
Road and east of Masch Branch Road. Consultation with the City’s
attorneys regarding legal issues associated with the potential acquisition
and condemnation of the real property described above where 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 any administrative
proceeding or potential litigation.
3. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the acquisition of real property interests
located in the David Hough Survey, Abstract Number 646, generally
located in the 2100 block of South Mayhill Road, in the City of Denton,
Denton County, Texas. Consultation with the City’s attorneys regarding
legal issues associated with the acquisition or condemnation of the real
property interests referenced above where 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 any administrative proceeding or
potential litigation. (Mayhill Road Widening and Improvements project &
Municipal Landfill)
B.Consultation with Attorneys – Under Texas Government Code, Section 551.071.
1.Consult with and provide direction to City’s attorneys regarding legal
issues and strategies associated with Gas Well Ordinance regulation of gas
well drilling and production within the City Limits and the extraterritorial
jurisdiction, including Constitutional limitations, statutory limitations
upon municipal regulatory authority, statutory preemption and/or impacts
of federal and state law and regulations as it concerns municipal
regulatory authority and matters relating to enforcement of the ordinance.
2.Consult with the City’s attorneys regarding legal issues associated with
existing and potential regulation of sexually oriented businesses where a
public discussion of this legal matter would conflict with the duty of the
City’s attorneys under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas.
City of Denton City Council Agenda
February 18, 2014
Page 3
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING
WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS
GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR
VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF
THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL
RESERVES THE RIGHT TO ADJOURN INTO 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 IN A CONTINUATION OF THE CLOSED
MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN 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:
REGULAR MEETING
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
A.Proclamations/Awards
1. Beulah Harriss Day
2.2013 Achievement of Library Excellence Award from the Texas
Municipal Library Directors Association
3.TAMS Science Experiment Boxes Days
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. B.C. Groves regarding City inspections.
2. Steve Shafer regarding access on Ridge Lane.
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 – W). 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 – W 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.
City of Denton City Council Agenda
February 18, 2014
Page 4
A.Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and Denton Startup Weekend;
authorizing and ratifying the expenditure of funds; and providing for an effective
date. ($650)
B.Consider adoption of an ordinance authorizing the City Manager or his designee
to execute on behalf of the City of Denton, Texas a Memorandum of Agreement
(“MOA”) contemplating a real estate conveyance from the City of Denton to the
State of Texas, of a 15,740 square foot tract of real property, in the Eugene
Puchalski Survey, Abstract No. 996, City of Denton, Denton County, Texas, and
being a portion of Lots 9, 10 and 19 of the Foxhunt Addition, generally located at
the Northwest corner of Underwood Street and Kendolph Drive, Denton, Texas
(the “Land”); authorizing execution of a deed without warranty (herein so called)
conditionally effectuating such real estate conveyance; and providing an effective
date. (I-35 Widening Project)
C.Consider approval of a resolution allowing Destin Holdings DBA Sweetwater
Grill & Tavern; WABL, LLC, DBA The Abbey Inn; DI2-Denton1, LLC, DBA
Lone Star Attitude Burgers; and JCN Investments, DBA The Loophole Tavern to
be participants allowed to sell alcoholic beverages at Mardi Gras on Walnut
event, February 28, 2014, 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. Staff recommends approval.
D.Consider a request for an exception to the Noise Ordinance for the purpose of the
Mardi Gras on Walnut Festival sponsored by various businesses on Hickory
Street and Walnut Street. The event will be held on City property, on the 100
block of Walnut Street, on Friday, February 28, 2014, from 7 p.m. to 11:30 p.m.
The exception is specifically requested to increase sound levels from 70 to 75
decibels and for an extension of hours from 10 p.m. to 11:30 p.m. Staff
recommends approval of request.
E.Consider adoption of an ordinance approving a salary increase for Anita Burgess
under the performance review provision of her employment agreement with the
City; authorizing the expenditure of funds; and providing an effective date.
F.Consider adoption of an ordinance approving a salary increase for George C.
Campbell under the performance review provision of his employment agreement
with the City; authorizing the expenditure of funds; and providing an effective
date.
G.Consider adoption of an ordinance approving a salary increase for Robin A.
Ramsay under the performance review provision of his employment agreement
with the City; authorizing the expenditure of funds; and providing an effective
date.
H.Consider adoption of an ordinance authorizing the City Manager, or his designee,
to execute on behalf of the City of Denton a First Amendment to an Airport Lease
Agreement as approved by Ordinance 2012-055 on March 6, 2012 between the
City of Denton, Texas and David Smith for the property located at 4862
Lockheed, Denton Enterprise Airport; and providing an effective date.
City of Denton City Council Agenda
February 18, 2014
Page 5
I.Consider adoption of an ordinance authorizing the City Manager, or his designee,
to execute on behalf of the City of Denton an Estoppel Certificate to Nebrig
Properties, L.P. and Inwood National Bank for a hangar located at 4650 John
Carrell Rd. at Denton Enterprise Airport; and, providing an effective date.
J.Consider adoption of an ordinance authorizing the City Manager to execute a
Cooperative Purchasing Program Agreement with the University of Texas at
Arlington (UTA) under Section 771.003 of the State of Texas Government Code,
and to authorize the City of Denton to participate in a UTA Interagency
Cooperation Contract for Testing, Monitoring, and Analysis to Aid in the
Development of Soil and Vegetative Cover at the City of Denton Landfill;
authorizing the expenditure of funds therefor; and declaring an effective date (File
5480–Interagency Cooperation Contract with the University of Texas at Arlington
in the three (3) year not-to-exceed amount of $227,433). The Public Utilities
Board recommends approval (6-0).
K.Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a purchase order through the Buy Board Cooperative Purchasing
Network for the acquisition of a Peterbilt Model 348 Dump Truck for the City of
Denton Streets Department; and providing an effective date (File 5484 awarded to
Rush Truck Center, Crane in the amount of $143,264.24).
L.Consider adoption of an ordinance of the City of Denton Texas, authorizing the
City Manager to execute the “Second Amendment to Professional Services
Agreement” for further engineering services to be utilized in the preparation,
development and submittal of a permit application for lateral expansion and
associated services pertaining to the City of Denton Landfill (MSW Permit
#1590A); authorizing the expenditure of additional funds therefor in an amount
not-to-exceed $156,400; providing an effective date (File 4683–CP&Y, Inc.
aggregating an amount not-to-exceed $1,092,280). The Public Utilities Board
recommends approval (6-0).
M.Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of Crafco
Polyflex III Sealant from Crafco Texas, Inc., which is available from only one
source in accordance with the pertinent provisions of Chapter 252 of the Texas
Local Government Code exempting such purchases from the requirements of
competitive bidding; and providing an effective date (File 5475–awarded to
Crafco Texas, Inc., in the unit price amount of $0.60 per pound for an annual
estimated amount of $85,000 and a total three (3) year not-to-exceed amount of
$255,000).
N.Consider adoption of an ordinance awarding a contract under the Texas Multiple
Award Schedule (TXMAS) program for the purchase of one (1) Backyard Digger
Derrick for the City of Denton Electric Operations Department as awarded by the
State of Texas (Contract TXMAS-11-23V050); providing for the expenditure of
funds therefor; and providing an effective date (File 5470–awarded to Altec
Industries, Inc. in the amount of $131,559). The Public Utilities Board
recommends approval (6-0).
City of Denton City Council Agenda
February 18, 2014
Page 6
O.Consider adoption of an ordinance accepting competitive proposals and awarding
a contract for the purchase of one (1) Use of Force Simulator (funded 100 percent
by a United States Department of Justice Congressionally Selected Award) for the
City of Denton Public Safety Training Facility; providing for the expenditure of
funds therefor; and providing an effective date (RFP 5198–awarded to VirTra
Systems, Inc. in the not-to-exceed amount of $278,310).
P.Consider adoption of an ordinance accepting competitive proposals and awarding
a contract for the purchase of Electric Utility Fault Circuit Indicators for the City
of Denton Distribution Center; providing for the expenditure of funds therefor;
and providing an effective date (RFP 5432–awarded to Techline, Inc. in the three
(3) year not-to-exceed amount of $360,000).
Q. Consider adoption of an ordinance accepting competitive proposals and awarding
a contract for the purchase of Refuse and Recycling Containers for the City of
Denton Solid Waste Department; providing for the expenditure of funds therefor;
and providing an effective date (RFP 5409–awarded to Roll-Offs USA, Inc. in the
three (3) year not-to-exceed amount of $1,352,352). The Public Utilities Board
recommends approval (6-0).
R. Consider approval of the minutes of:
January 7, 2014
January 14, 2014
January 29-30, 2014
S. Consider adoption of an ordinance of the City of Denton, Texas amending
Chapter 13 (“Food and Food Service Establishments”) of the City of Denton Code
of Ordinances by deleting Articles I, II, III, IV, V and VI in their entirety;
adopting the Texas Food Establishment Rules promulgated by the Texas
Department of State Health Services and making related deletions and
amendments thereto; providing a severability clause; providing a savings clause;
providing for a penalty not to exceed $2,000 for violations of this ordinance; and
providing for an effective date.
T. Consider approval of a resolution of the City Council of the City of Denton,
Texas, approving the 2013 Tax Increment Financing Reinvestment Zone No. One
(Downtown TIF) Annual Report; and declaring an effective date.
U. Consider adoption of an ordinance ordering an election to be held in the City of
Denton, Texas, on May 10, 2014, and if a runoff election is required, on June 21,
2014, for the purpose of electing Council Members to Places 5 and 6 and electing
a Mayor to Place 7 of the City Council of the City of Denton, Texas; prescribing
the time and manner of the conduct of the election to be in accordance with an
agreement with the Elections Administrator of Denton County; providing a
severability clause; providing an open meetings clause; and providing for an
effective date.
City of Denton City Council Agenda
February 18, 2014
Page 7
V. Consider adoption of an ordinance ordering a Special Election to be held in the
City of Denton, Texas, on May 10, 2014, to fill a vacancy in Place 2 for the
unexpired term ending in May, 2015 and, if a runoff election is required, on June
21, 2014, for the purpose of electing a Council Member to Place 2 of the City
Council of the City of Denton, Texas; prescribing the time and manner of the
conduct of the election to be in accordance with an agreement with the Elections
Administrator of Denton County; providing a severability clause; providing an
open meetings clause; and providing for an effective date.
W. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
approval of a professional legal services agreement by and between Terry Morgan
& Associates, P.C. and the City of Denton, Texas; providing for the expenditure
of funds; and providing an effective date.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A.Consider an appeal of the denial of a Certificate of Appropriateness by the
Historic Landmark Commission for installation of solar panels on the roof of a
single family residence. The property is located at 1822 West Oak Street and is
within a Neighborhood Residential 3 (NR-3) zoning district and the West Oak
Area Historic District. The Historic Landmark Commission denied the request
(6-3).
6.PUBLIC HEARINGS
A.Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for an initial zoning designation of Neighborhood
Residential 1 (NR-1) zoning district classification and use designation, on
approximately 1.0 acres, at the southeast corner of S. Trinity Road and Lutha
Lane, also known as 1055 S. Trinity Road, in the City of Denton, Denton County,
Texas; 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 (6-0).
7. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
8. 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 Agenda
February 18, 2014
Page 8
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 under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the ________day of ___________________, 2014 at ________o'clock
(a.m.) (p.m.)
__________________________________________
CITYSECRETARY
NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEIN
ACCORDANCEWITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILL
PROVIDESIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIF
REQUESTEDATLEAST48HOURSINADVANCEOFTHESCHEDULEDMEETING.
PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE
TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY-
TXSOTHATASIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHE
CITYSECRETARY’SOFFICE.
WorkSession3
AGENDA INFORMATION SHEET
AGENDA DATE: February 18, 2014
DEPARTMENT: Transportation
ACM: Jon Fortune, Assistant City Manager
______________________________________________________________________________
SUBJECT
Receive a report, hold a discussion and provide direction regarding a ban on wireless
communication use while operating a motor vehicle in the City of Denton.
BACKGROUND
On October 1, 2013, staff provided a presentation to Council on a proposed ordinance that would
prohibit the use of handheld wireless communication devices while operating a motor vehicle in
the City of Denton. The proposed ordinance was unanimously recommended for Council
Consideration by the Traffic Safety Commission (TSC) on September 13, 2013. Prior to
recommending the draft ordinance, the TSC reviewed two primary options; banning the use of
handheld wireless communication devices for text only and, banning all use (text, talk,
navigation) of handheld wireless communication devices while driving. The final TSC
recommendation was to ban all use of wireless communication devices while driving. The
following is a summary of the information provided as part of the staff presentation on October
1:
Forty one states have passed texting bans
Sixteen of the forty one states also include bans on the use of handheld cell phones
The National Highway Traffic Safety Administration reports that texting while driving
increases a risk of collision by 23-percent
An estimated 3,000 teens are killed each year while texting and driving while
approximately 2,700 teens are killed per year under the influence of alcohol
Council directed staff to gather additional information and provide comparative data regarding
various distractions involved in motor vehicle crashes. In response to this request, Lee Howell,
Police Chief provided an Informal Staff Report to the Mayor and Council on November 1, 2013
(Exhibit 1). This report analyzed vehicle crash data documented by the Denton Police
Department (DPD) where one of the contributing or possible contributing factors in the crash
was either “cell/mobile phone use” or “distraction in vehicle”. This report included data on
8,003 crashes reported and investigated by the DPD from September 1, 2010, through August 31,
2013. The November 2013 report documented that of those 8,003 crashes investigated by
Department, 54 of the crashes involved the use of cell/mobile phones and 67 crashes listed other
“distractions” in the vehicle” as a contributing factor. The DPD report did conclude that
“anything that impairs, diverts or distracts the attention of the driver away from the task of
operating a motor vehicle will increase the risk of being involved in a crash.” The graph below,
AIS – Wireless Ban
February 18, 2014
Page 2 of 3
Motor Vehicle Crash Distractions, illustrates other types of driver distractions found in the
report.
Source: Denton Police Department
Staff also received direction to proceed with public outreach to solicit input and feedback on this
issue. Attached, as Exhibit 2, is a Summary Report of the Engage Denton survey facilitated from
October 3, 2013 and November 3, 2013. The summary indicates that 316 votes were cast, 190
were in favor of a ban while 146 were opposed to a ban on wireless communication devices
while operating a motor vehicle in Denton. (One respondent indicated they voted against a
proposed ban when in fact the respondent was in favor of the ban resulting in a revised vote total
of 191 in favor of a ban and 145 opposed to a ban).
Council also requested staff to determine if the proposed ordinance could exempt Interstate 35
from the proposed ban in an effort to reduce confusion it may cause to transient motorist not
familiar with local laws regulating the use of cell phones while operating a vehicle. The City
Attorney’s Office determined that because the high volume of through traffic on the Interstate
Highways and because the Interstate System is a limited access highway, Interstates 35, 35-East,
35-West and associated frontage roads may be exempted as part of any proposal to ban the use of
wireless communication devices while driving a vehicle. A draft copy of the ordinance
exempting the Interstate System has been attached as Exhibit 3 for reference as well as the draft
ordinance recommended by the TSC on September 9, 2013, that does not exempt the Interstate
System (Exhibit 4).
AIS – Wireless Ban
February 18, 2014
Page 3 of 3
PRIOR ACTION/REVIEW
The TSC considered the issue at their September 12, 2012, May 6, 2013 and July 1, 2013,
monthly meetings. The TSC unanimously recommended Council consideration of Option 1
(Exhibit 1) at their monthly meeting on September 9, 2013. City Council considered the TSC
recommendation as part of the City Council Work Session on October 1, 2013. An Informal
Staff Report was provided to the Mayor and Council on November 1, 2013. Engage Denton
Community Survey was completed on November 3, 2013.
OPTIONS
1.Schedule Council action on an ordinance banning all wireless communication while
operating a motor vehicle as recommended by the TSC.
2.Reject a ban on all wireless communication while operating a motor vehicle.
3.Continue the discussion and provide further direction on this issue.
EXHIBITS
1.Informal Staff Report dated November 1, 2013
2.Engage Denton Survey Results and Comments
3.Draft Ordinance banning the use of a cell phone while operating a vehicle excluding the
Interstate System and associated frontage roads
4.Draft ordinance banning any use of a cell phone while operating a vehicle
5.Excerpt from City Council Work Session Minutes from October 1, 2013
6.Power Point
Respectfully submitted:
Mark Nelson
Transportation Director
EXHIBIT1
Date: November 1, 2013 Report No. 2013-100
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
The Traffic Safety Commission brought forward a recommendation to Council to consider
banning the use of handheld electronic communication devices while operating a motor vehicle.
BACKGROUND:
Staff presented information to Council in Work Session on October 1, 2013. Several members of
Council requested additional information regarding details of crash reports, methods and
effectiveness of enforcement, and other relevant issues.
DISCUSSION:
Traffic Crash Report Analysis
Council Member Gregory requested additional information concerning distractive crash factors
other than cell phones, and how they compare in terms of percentages of crashes. Traffic crash
statistics in Texas are documented through the filing of Texas Department of Transportation
Crash Report Form CR-3. A section of the form calls for the investigating officers opinion of
factors and/or conditions that contributed, or may have contributed to the crash. For any one
crash, there could be none, or several contributable actions or conditions noted. For many years,
the factors of Distraction in Vehicle, and Driver Inattention were used to document the many
possible distractions inside or outside the vehicle. In recent years, a specific factor of
Cell/Mobile Phone Use was given a separate designation on the CR-3, leaving all other factors
to fall into one of the other broad categories. Therefore, a specific analysis of distractions other
than cell phones requires an examination of the narrative of each crash report, and some cannot
be determined.
In researching the impact of cellular phone use and other related driving distractions, the
Department conducted an analysis of motor vehicle crashes from September 1, 2010, through
August 31, 2013. This analysis examined all motor vehicle crashes reported and investigated by
the Department where one of the contributing or possible contributing factors in the crash was
either cell/mobile phone use or distraction in vehicle. During the 36 month time period, there
were 8,003 motor vehicle crashes reported and investigated by the Denton Police Department. Of
these, 54 (0.67%) included cell/mobile phone use as a factor in the crash, with 37 crashes
showing cell/mobile use as a contributing factor and 17 as a possible factor. In 9 of the 54
crashes, alcohol use was also listed as a factor.
Date: November 1, 2013 Report No. Report No. 2013-100
Injuries
Some level of injury was reported in 39 % of the crashes involof injury was reported in 39 % of the crashes involving cell/mobile phone use. The ving cell/mobile phone use. The
chart below depicts the level/severity of injury.depicts the level/severity of injury.
Other Distractions
During the same 36 month period, an additional 67 (During the same 36 month period, an additional 67 (0.84%) crashes were reported that listed 0.84%) crashes were reported that listed
distraction in vehicle as a contributing factor. distraction in vehicle as a contributing factor. An analysis of these crash reports showed that An analysis of these crash reports
showed that
when the distraction was identified, there were eightwas identified, there were eight different types of distractions involved in different types of distractions involved in
these crashes.
Date: November 1, 2013 Report No. 2013-100
Statewide in 2012, there were 416,870 crashes officially reported on Form CR-3, of which 3283
(about .8% or less than 1%) included a factor of cell phone use. This includes 35 fatal crashes.
Last year, 10,261 crashes (about 2.5%) listed a contributing factor of Distraction in Vehicle.
This would include all other potential driver distractions in the vehicle other than cell phone use.
Driver Inattention is among one of the most common contributing factors and can be anything
from taking your eyes of the road, to falling asleep or even daydreaming. It was possibly present
in 86,543 crashes in 2012, bringing that factor to almost 21%. Often when crash statistics are
used to support cell phone laws or educate to the hazards of using phones while driving, overall
distracted driving statistics are used synonymously with the use of cell phones. While many
would assume that cell phone usage as a factor in crashes could be a much higher occurrence
than is statistically reported, there is no definitive study to support this correlation.
Methods and Effectiveness of Enforcement
As discussed in the Work Session on October 1, 2013, enforcement of a complete handheld
device ban would be the easiest in terms of observation, detection, and prosecution. Methods of
enforcement would be closest to that of seatbelt violations, requiring an officer to only observe
an action by the driver of using the device inside the vehicle. Numbers of citations would
probably not be as high, due to the concealable nature of electronic devices in comparison to a
seat belt, and the fact that no enforcement initiatives would be funded through programs like
state STEP grants as they are for seatbelt laws, at least until it became a statewide law.
Crash Data Analysis
City Law/Ord/Eff Date 2008 2009 2010 2011 2012
Amarillo Complete ban/Jan 2013 4603 4054 2918 3232 3231
Arlington Texting ban/Nov 2011 5506 5236 5143 5058 5218
Austin Texting ban/Jan 2010 13,484 12,545 11,708 11.853 13,374
Dallas State law/Sept 2009 21,635 24,211 23,758 23,350 23,800
Denton State law/Sept 2009 2250 2124 1908 1823 1894
El Paso Complete ban/Apr 2010 11,724 11,963 11,672 12,242 13,030
Galveston Texting ban/Feb 2010 741 637 819 517 1487
Lewisville State law/ Sept 2009 1897 1892 1911 1856 2021
San Antonio Texting ban/Jan 2011 42,509 35,508 29,651 28,693 31,394
State of Texas State law/Sept 2009 438,973 428,309 391,900 384,296 416,870
Other Texas Cities with cell phone ordinances have had mixed results on citations, ranging from
two-year citation totals in the twenties, to thousands, depending on the version of the law
adopted, the size of the city, and the aggressiveness of enforcement. Effectiveness of the laws as
a deterrent to distracted driving and accident prevention remain largely undetermined. The chart
above compares crash data as reported to TxDOT for cities of medium to large size, with varying
versions of cell phone laws. State law consists of a handheld cell phone ban in active school
zones, and a prohibition on cell phone use by drivers less than 18 years, and school bus drivers
Date: November 1, 2013 Report No. 2013-100
while in operation. Cities listed with State law may have ordinances that mirror Texas Traffic
Code but nothing more restrictive. Texting ordinances in many cities also include sending
emails and internet surfing. A texting only ordinance creates a more specific burden of proof of
the action and would result in fewer citations issued. However, these laws have probably not
been in effect long enough to gain a true measure of their effectiveness as there are multiple
factors that attribute to a periodic fluctuation in statistical numbers at or near the high and low of
the standard deviation.
Legal Issues
Should the City adopt an ordinance more restrictive than a subsequently adopted State law, it
could result in preemption of the ordinance. The ordinance would then require amendment or
repeal to mirror the State law. Concerns have been raised statewide and in the DFW area citing
the potential of confusion between the various laws from one jurisdiction to another, especially
those cities sharing contiguous limits. Most cities have adopted a texting ban similar to what was
introduced in the Texas legislature the last two sessions.
A public hearing for the texting bill HB 63 brought forward the concerns about personal
freedom, the effectiveness of distracted driving laws, and the increased dangers of racially
disparate pretext traffic stops. A similar law is expected to be introduced again in Session 84 in
2015.
Relevant Studies
Several studies concerning distracted driving have been conducted by universities, transportation
organizations and insurance groups. One of the most widely referenced and highly regarded is
the 2009 study by the Virginia Tech Transportation Institute. This study primarily examined
heavy vehicles like long haul trucks and is the study that is quoted in most educational material,
news articles, and video that refers to the likelihood of being involved in a safety critical event
while texting and driving being 23 times higher than a non-distracted driver. It also found that
other distractions such as dialing a phone, being drowsy, transporting pets, putting on makeup,
reaching for objects in the vehicle, or even talking and listening to passengers increased the risk
of crash or near-crash.
Two studies released in 2013 have shed additional light on the subject. Again, the Virginia Tech
Transportation Institutes (VTTI) Center for Truck and Bus Safety confirmed many of the
VTTIs 2009 conclusions, and reaffirmed that the greatest risk factor occurs when the driver
takes their eyes off the road in front of them. Although the recent study did not support the same
high number for increased risk calculated in 2009, it did find that texting, surfing, and dialing a
phone were the most dangerous activities, placing all these in a similar category of compounding
risk from two to three times that of non-distracted drivers.
A 2013 study conducted by the AAA Foundation for Traffic Safety and the University of Utah
focused on measuring cognitive distraction in the automobile. The findings of their research
established that there are significant impairments to driving that stem from the diversion of
attention from the task of operating a motor vehicle, and that the impairments to driving are
directly related to the cognitive workload of these in-vehicle activities. Specifically, a speech-
Date: November 1, 2013 Report No. 2013-100
to-text interactive hands free device was the most distracting, and may have unintended
consequences that adversely affect traffic safety.
CONCLUSION:
Crash data based on investigation and observation of traffic investigators, studies performed by
universities and traffic safety agencies, and intuitive real world experience are all in agreement
that anything that impairs, diverts, or distracts the attention of the driver away from the task of
operating the motor vehicle will increase the risk of being involved in a crash. These indicators
would also support the conclusion that those functions associated with the operation of cell
phones and other electronic devices that cause a driver to divert his vision or attention from the
road are one of the many such distractions available to drivers that contribute to crashes. The
effectiveness of distracted driving laws in reducing automobile crashes remains largely
undetermined. As more data becomes available it is certain to be analyzed.
ATTACHMENT(S):
http://opi.mt.gov/PDF/DriverEd/RR/09VTTI_CellPhonesDistraction.pdf
http://www.vt.edu/spotlight/achievement/2013-07-01-distracted/texting.html
https://www.aaafoundation.org/sites/default/files/MeasuringCognitiveDistractions.pdf
STAFF CONTACT:
Lee Howell, Chief of Police
Denton Police Department
(940) 349-7923
Lee.Howell@cityofdenton.com
EXHIBIT2
ENGAGE DENTON SURVEY
Do you favor banning the use of handheld wireless communication devices while
operating a motor vehicle in Denton?
The survey received 336 votes and 58 comments fromOctober 3,2013, through
November 3, 2013:
Yes190 votes
No146 votes
Comments
by Harrison W1I believe driving while texting should be banned but not driving while
talking on the phone.
Oct 29, 2013 at 11:18 AM
by Glen HI fully promote people self-educating, and deciding for themselves what is the
best judgement with regard to driver safety. That, in my opinion, produces the best
results.
Oct 23, 2013 at 10:17 AM
by Debi SIt's a sad state of society we live in that we would willing vote "yes" to have
our freedoms taken away bit by bit. We don't need another law governing our actions,
we need common sense. Most of us have it, but for those who don't have it, a law is
simply going to be something to try to get by, get around or simply ignore. Personally, I
have no problem talking on the phone while driving. I haven't been in an accident in 20
years, long before I had a cell phone plus I also talk to my passengers in the my car
while driving with no problem maintaining control of my vehicle. Do we need a law
banning talking to passengers while driving? I understand the safety issues but people
do all kinds of crazy things while driving besides using hand held devices. You cannot
mandate common sense. We don't need yet another law.
Oct 17, 2013 at 8:15 AM
by evony SI just bought a Garmin and now the City wants to ban it? Maybe the new car
dealers are in cahoots with the City Council because the in dash GPS would be
excluded from the BAN! I get the hint, be poor and dont buy a new car, get penalized!..
Forget this mess. Denton can do better than this. Come on guys, Dont bow to Corporate
America.
1
Oct 14, 2013 at 10:58 PM
by John P67No need to ticket drivers using Bluetooth and GPS devices. The Vote
question didn't mention how Draconian the law would be, but the newspaper spelled it
out on the front page. There are already laws for texting and using phones in school
zones. Too restrictive.
Oct 14, 2013 at 9:24 PM
by John M143Relevant to this debate: "Driving a car is almost certainly the most
dangerous thing thatany of us do in our lives. Certainly, it's the most dangerous to other
people." \[http://www.theguardian.com/commentisfree/belief/2012/dec/14/drivers-moral-
progress-cyclists-speed-awareness\]. A cultural shift happened around driving while
intoxicated. Spurred on by organizations like MADD, we decided that leaving it up to
individual discretion was unacceptable andlegislation was needed to enable stricter
enforcement. We need that kind of cultural shift around this issue. The average car trip
around or through Denton is not that long. The average cell phone call is probably not
mission-, business-, or life-critical. For those kinds of calls, it's easy to pull over and take
or make the call. Many people use their devices while driving out of boredom ("I'm not
doing anything else \[other than driving a deadly weapon\], so I'll make some calls").
Collective safety is more important than convenience.
Oct 13, 2013 at 12:09 PM
by Roy W3I wonder why cell phones even allow texting while moving in a car. I believe
that the phone company could shut down texting by using the GPS feature of the
phone. It knows when you are moving. I know it's all in the money they make, and they
don't want to lose one minute of fees.
Oct 13, 2013 at 8:35 AM
by Marli CHow would they know if it was being used by a passenger vs driver? What
about on a bus? That's a little too invasive also.
Oct 17, 2013 at 8:31 AM
by Roy W3I feel that hands free calling should NOTbe banned as well as GPS
devices. I feel that all texting while driving and talking on a cell phone without hands free
should be banned for safety reasons. I believe that it has already been banned in
several States. I have been in two accidents on I35E, and in both accidents, the driver
was talking on a cell phone when I was struck. Lane changing without signaling, slowing
down to very slow speeds and generally very erratic driving is what I see when folks use
their cell phones while driving.
Oct 13, 2013 at 8:30 AM
2
by Christiana HHandheld communication devices should be banned when operating
motor vehicles. GPS systems are digital maps and are a necessary tool for various
commerce and travelers, but should be mounted, including GPS phones/apps. Put
roadway warning signs at our City Limits' highways. Headsets and bluetooth should be
allowed.
Oct 11, 2013 at 12:12 PM
by Beau JYou will just have a bunch of law breakers.
Oct 11, 2013 at 10:10 AM
by Carol C23The resolution is written in a confusing structure, "do you favor banning".
This caused me to vote no when I meant to vote yes.
Oct 10, 2013 at 6:25 PM
by Nathan R6While the vehicle is in motion? Yes. The way the question is worded is
idiotic and engineered to get more "yes" votes at the expense of logic. There are a
myriad of valid, safe reasons to use a phone or GPS while at a stop light, but that is still
considered "operating a motor vehicle." Because of this, I'm voting no.
Oct 10, 2013 at 11:00 AM
by Nicholas W5I have lived in Denton since I was a child. I graduated from UNT in
2003 and have had my own business in Denton since 2009. I have never thought of a
phone or a navigational device as a toy. I view it as a tool. I even have a headset. Even
with a headset, I find it necessary to have hand contact with my phone while handling
multiple calls or performing navigation. Sometimes I even need to read texts, for
example: I need a street address that someone sent to me in a text. I am not particulary
skillful handling the phone, but I try to be responsible and I know my limitations.
I think that this issue mostly applies to young folks. I think it is as easy to be distracted
with a phone as it would be eating, playing the radio, visiting with a friend, rubber
necking, etc. My point is that the problem is not phones; it is lack of responsible driving.
If a law was passed, it would stop responsible people from using the phone. The new
college students would continue usage as norm.
Oct 10, 2013 at 10:53 AM
by Jeremy P5It's reasonable to ban handheld communication devices in school zones
or areas with heavy pedestrian crossing (e.g., around UNT, TWU, Downtown, etc.). I
just don't see why a lower-middle class single mother would have to be pulled over and
pay a fine just for answering her cell phone driving 20mph in an empty residential
neighborhood.
3
And just how thoroughly will the law be enforced? Should we expect Denton cops to be
posted at the Denton city limits waiting to loot the commercial traffic passing through
Denton to or from Dallas-Fort Worth?
Oct 10, 2013 at 7:26 AM
by Patrick H21It depends on how strictly you apply it. I use a GPS mounted on my
windshield. I find that I drive better with it up there because I know where I need to be. I
don't end up swerving in and out of traffic or driving slowly, searching for turns. Glancing
at it is no more of a hindrance than glancing at the speedometer or RPM gauge. Texting
and driving should be banned though.
Oct 10, 2013 at 3:16 AM
by Chuck R6Your question needs to be in more than one part. I'm against use of the
cell phone without an earpiece or bluetooth device but not if it's being used with
something in your ear. Of course I am also against texting and driving but not banning
use altogether. How could you stop out-of-towners from using a cell phone while
passing through our city. They would have no idea about the law.
Chuck Roedema
Oct 10, 2013 at 1:37 AM
by Jeremy P5Well stated.
Oct 10, 2013 at 7:14 AM
by Doug E3I believe operating electronic devices while driving is equally disabling as
DUI and should be equally outlawed.
Oct 09, 2013 at 11:17 PM
by Jeremy P5The two are in two entirely different categories. At the very least
electronic devices have potential imperative use. This is just another opportunity for the
capricious Denton PD to loot the good people of this city.
Oct 10, 2013 at 7:13 AM
by Jordan F7The research on the dangers of texting while driving is alarming. A host of
peer reviewed studies basically show that it's about as dangerous as driving drunk. I
don't think this is a case of micro-managing. We have a lot of laws that try to keep
people safe. Many of those laws prohibit behavior that is MUCH less dangerous than
using a phone while driving.
4
Here are a couple studies.
"By use of multivariate analyses, we predicted that increasing texting volumes resulted
in more than 16 000 additional road fatalities from 2001 to 2007.
http://ajph.aphapublications.org/doi/abs/10.2105/AJPH.2009.187179
"Texting Raises Crash Risk 23 Times, Study Finds"
http://teamsters952.org/in_study_texting_lifts_crash_risk.pdf
Here's a study on just how prevalent it is with teen drivers:
http://trid.trb.org/view.aspx?id=905345
Oct 09, 2013 at 9:58 PM
by Michael S95While it is a problem, there are an equal number of studies that show
that bans do not reduce accidents or deaths due to cell phone use. While it is a
problem, why not focus on a positive solution rather than another feel-good solution that
does not address the problem?
Oct 11, 2013 at 9:06 AM
by Hendrik HOn my way to be dropped off to Denton High, I spot many people (many
of them younger drivers) texting while driving. When people "quickly" check their phone
at a red light, not only is it inconsiderate to the drivers behind them by holding up the
line and the flow of traffic, it is a serious safety concern. Not only wireless devices, but I
have seen drivers with books, makeup, food. The phone ITSELF is not the problem; it is
the act of being distracted. Now, Chuck H and Roger C11 have a good point with the
problem of micromanaging. It's a shame that common sense is so rare, for if we did, this
problem would not exist.
Oct 09, 2013 at 8:38 PM
by Chris G34I think thisis a very tough law that would need to be worded very
carefully. Operating an "electronic communication device" could include things like the
radio or an on-star service. Also, you would have to give exceptions for GPS and hands
free operation of the devices as well.
Whatever is the decision, they need to word if very carefully and steer clear of blanket
wording.
Oct 09, 2013 at 8:32 PM
by Bethany YCompletely agree, Chris G34!
Oct 09, 2013 at 10:38 PM
5
by Roger C11This is a person issue not a electronic device. If you are txting and
driving today why do you need a specific law for that. It's not operating your vehicle
safely period. Pull over and ticket. I saw a guy eating a bowl of cereal last year. Same
deal. Not safe.
Oct 09, 2013 at 8:23 PM
by anon A1Excellent fact of corroboration stated below by "Jimmy N1".
Denton's Director of Water Utilities stated (re-worded) the use of handheld devices is
the new DUI; that assertion is spot-on.
In addition to banning HH devices while driving: I strongly urge all citizens of Texas to
push for a law similar to one in Florida: "SLOWER TRAFFIC KEEP RIGHT". Hand-held
DUI exacerbates the seemingly ubiquitous behavior of many people driving slower in
left lane than average speed of traffic in right lane. After two offenses in one year, they
should be forced to use mass transit in lieu of driving for 3 months.
Oct 09, 2013 at 8:14 PM
by Tony H6Because of how ridiculous the entrance and exits are in Denton, as long as
I am driving the Speed limit I will drive the left lane on I-35 within Denton city limits.
Even when driving the speed limit makes me one of the slower cars on the road.
Oct 29, 2013 at 11:27 AM
by Chris G34It is the law on Texas that the slower traffic keeps to the right. The left
lane is for passing only, and there are signs along the interstate to remind people of
this.
Oct 09, 2013 at 8:35 PM
by Chuck HDistracted driving is the problem not the phone. Are we going to ban
screaming kids and nagging spouses also? Probably should ban any signage other than
traffic signs too.
Oct 09, 2013 at 6:47 PM
by Roger C11Thank you for this I could not agree more. Micro managing is not the
solution. Personal accountability and operating a vehicle in a unsafe way is. I am a
motorcycle rider. I see txting all the time. I don't support txting andiving nor so I support
trying to blame a phone for the problem.
Oct 09, 2013 at 8:19 PM
6
by Randall K2I am for this, but like any other law, if it is not enforced, it is useless.
Enforcement couldbe a major problem. But something must be done to STOP people
from doing this very dangerous habit (that is what this really is)!
Oct 09, 2013 at 5:47 PM
by Michael S95Please actually look into this before providing moving videos and pleas
from the public. Yes, I am against using them, but you can do a simple web search and
see many studies that show while it reduces use, there is no change in accidents! A
Texas A&M grad student came out with a study last year that showed this (if you google
it, it should be one of the first pieces of information that comes up. I implore the Council
to look at these things rather than just blindly making decisions (Ironically, our local
paper does the same thing -there was an article about it today, but they didn't even
include the caveat that there is no positive correlation to bans and accident reduction).
Understand, I know that it is sad that many people die from accidents like this, and we
do need to do SOMETHING, but why not spend our time and efforts making
MEANINGFUL impacts...
Oct 09, 2013 at 2:31 PM
by Jordan F7What those studies show is that texting bans don't often lead to a
decrease in accidents.That, however, is not quite the same as saying they have no
positive impact. Texting rates have gone way up, and smartphone ownership has
increased exponentially since 2011 (look at page 2 of this report:
http://www.pewinternet.org/~/media/Files/Reports/2013/PIP_Smartphone_adoption_201
3.pdf). Consequently, you'd expect to see a much higher incidence of distracted driving
whether you passed a ban or not. That means that one can't look at what happens two
years after a ban passes because there's no way to know what would have happened if
smartphone ownership had just increased with no ban.
Oct 09, 2013 at 10:03 PM
by Jimmy N1They have had this in effect for several years on the Pennsylvania
Turnpike & it has had a positive affect.
Oct 09, 2013 at 1:17 PM
by anon A1ROGER THAT
Oct 09, 2013 at 8:15 PM
by Jimmy N1The reason I think the time has come to do this is that the public has been
given more than a chance to regulate themselves.For the most part this hasn't
happeneddespite repeated ads from insurance companies & the phone companies
themselves. It has become an epidemic !!!Of course this would mean that all
employees of the City of Denton would have to cease using these same devices.The
7
statistics favor a ban on use of handheld wireless communication devices while
operating a motor vehicle.
Oct 09, 2013 at 1:12 PM
by John M143Please take the time to watch the Werner Herzog documentary "From
One Second to theNext" before forming your opinion about this issue.
http://youtu.be/Xk1vCqfYpos
Oct 09, 2013 at 11:51 AM
by Wanda GI have personally seen FOUR (4) accidents in Denton county caused by
drivers distracted by their cell phones. Also witnessed a driver in driving through an
intersection while using his cell phone. This should be a Crime and punished by jail
time.
Oct 09, 2013 at 10:18 AM
by GILMORE MTHIS IS EXACTLY WHY WE NEED THE ORDINANCE. UNTIL IT IS
"AGAINST" THE LAW, THE CRASHES WILL ONLY INCREASE. IF ONLY
"PHONIES"(TALKERS, TEXTERS, SEXTERS, ETC.) WERE INVOLVED, SAFE,
SERIOUS DRIVERS WOULD NOT BE CONCERNED. IT'S ALL ABOUT THE "ME, ME,
ME -I'M THE MOST IMPORTANT PERSON IN THE WORLD" SELFISH ATTITUDE
THAT FUELS THIS PROBLEM. MANY WHO EXHIBIT THIS BEHAVIOR ARE
ADDICTED TO IT AND HAVE LITTLE CONTROL OVER IT. THEIRLIVES REVOLVE
AROUND THEIR PHONE USE/CONNECTIONS, AND FOR MANY, THAT'S ALL THEY
HAVE IN LIFE. DON'T MAKE THE MISTAKE OF CHALLENGING SOMEONE WITH
"IT'S ME OR THE CELL PHONE/IPOD/IPAD ETC.) THESE CRASHES ARE NOT
ACCIDENTS. THESE IMPAIRED DRIVERS CHOOSE TO DRIVE
NEGLIGENTLY/UNSAFELY. THEY NEED TO BE HELD ACCOUNTABLE FOR THIS
BEHAVIOR. GILMORE MORRIS
by anon A1...with punishment similar to voluntary manslaughter
Oct 09, 2013 at 8:16 PM
by Shari B5I would welcome this ban as it would decrease the potential of innocent
people being harmed by the dangerous actions of others.
Oct 09, 2013 at 8:53 AM
by Chris B61I agree cell phone use should be a prohibited activity while driving but it
needs to be done a state level.
Oct 09, 2013 at 8:27 AM
8
by anon A1Prefer State; local better than none
Oct 09, 2013 at 8:17 PM
by Wallace C1Why? We can actually get it done at a local level.
Oct 09, 2013 at 3:20 PM
by John T50I agree with Verone and would like to see the funds used to start a drive
safe campaign. Get local firefighters, paramedics, and police officers into area high
schools to show and explain the horrible consequences of using a cell phone and
driving. Ten years ago when i was in highschool we did this to show the consequences
of drinking and driving and i will never forget it.
Oct 09, 2013 at 8:27 AM
by LeRoy WI would even question the use of anything that distracts the attention of a
driver be it telephones, CD players, or radios. I've even seen people driving down the
highway reading a newspaper. However, the post by Micheal 95 probably says it
correctly, passing laws won't stop people from being stupid and I doubt that making the
use of hand held cell phones illegal will do much to curtail it.
Oct 09, 2013 at 8:10 AM
by Joe K25You cant stop people from being stupid. Operating a device of any type in
any fashion while driving is just that. Even so, its good to have laws to legislate
stupidity, for there will be fewer people participating.
Oct 09, 2013 at 7:14 AM
by GILMORE MEVERYTIME I HEAR A SIREN I THINK THERE GOES ANOTHER
WRECK CAUSED BY SOMEONE ON A CELL PHONE BECAUSE WE ARE
DRAGGING OUR FEET AND REFUSING TO ACCEPT THE ENORMITY OF THIS
GREATEST AND DEADLIEST TRANSPORTATION PROBLEM...EVER. MOTOR
VEHICLES HAVE BECOME "PHONE BOOTHS" ON WHEELS WITH THE ABILITY TO
CRIPPLE AND KILL IN THE "BLINK OF AN EYE" OR THE "RING OF THE PHONE".
THIS BEHAVIOR WILL CONTINUE TO GET WORSE BY LEAPS AND BOUNDS -
UNLESS WE CITIZENS OF DENTON PASS THIS ORDINANCE.
Oct 08, 2013 at 8:59 PM
by Michael S95Unfortunately, more regulations will not change this -and where the
bans have gone into place it has had a negligible impact on accidents. Yes, it sounds
great, and is a feel good thing to do, but why do itif it is not going to have an effect on
things?
9
Oct 08, 2013 at 4:46 PM
by Verone TI am for safe driving but I am not for this ban. More government regulation
will not make people drive safely. What about the people who eat and drink while
driving? What about the driver who reaches in the back seat to give her child a snack?
What about the people who are changing their music on their radios? I want the people
to take responsibility and would rather see funds go toward a huge safe driving
campaign than toward the impossible enforcement of such a law.
Oct 08, 2013 at 1:22 PM
by anon A1A good -yet unfortunate -point. However, I would hope strict enforcement
with time would eventually alter unacceptable and dangerous human behavior.
Liberty is key to quality of life, an ethic upon which USA is based; but allowing driving w/
HH devices significantly increases chance of losing one's life...and Liberty!
Oct 09, 2013 at 8:25 PM
by Dan LIn other words, since you can't control everything, why try to control anything?
Oct 09, 2013 at 6:03 AM
by Tony H6Its not really about the risk they are taking with their own lives it is the
danger they are causing for those around them, I have had to take evasive actions on
numerous occasions to not be hit by someone texting or using their handheld device for
some other purpose. I don't appreciate them making decisions for my family.
Oct 08, 2013 at 1:18 PM
by Brant WI won’t spend words on the statistics regarding the safety of using these
devices while driving. We’ve all heard them, many have experienced them, and most
drivers disregard them. Why is that? It must be because the potential mortal
consequences can’t happen to me, to my spouse, to my kids, to my grandparents, to my
neighbors, or to my co-workers. That happens to somebody else. They will have to deal
with the loss. Sad really, but I need to know if the game time has changed, if there are
new items on the grocery list, how was your day, did you hear what she said to him. I’ve
got really important information to exchange. And yes, I know, you may have to
exchange your life for it, but really, I’ve got to know.
The next time it rings, think about your grandchild and let it go until you can pull over or
until you get where you’re going. That way, you allow the other people on the road to
get where they are going as well. It might be to see their grandchildren.
Oct 07, 2013 at 1:55 PM
10
by Megan R1I think a cultural change along with a limited ban isneeded. I would
support banning the use of a handheld device while operating a vehicle in motion.
Therefore, it would still be perfectly legal to check your phone while stopped at a red
light, or pulled over on the side of the road, even if the car is notin park. The ban would
also exclude GPS units and smartphones mounted to the windshield, as this is
essentially the same as built-in GPS, radio, and infotainment panels found in newer
vehicles. The cultural change may be the more important part. As in NewYork, we
could implement “texting zones” (http://www.digitaltrends.com/mobile/new-york-text-
stops/), where drivers can pull off the road to send a text. This would largely just be a
marketing expense. New York is using existing rest stops as its texting zones, but we
could promote parking lots (if we get local businesses to sponsor a parking space or two
in their lots) or side roads off of busy and high-speed streets.
Oct 06, 2013 at 4:58 PM
by Scott M44I know a family with four kids and mom, IN Denton, who will never get
another hug or kiss or game of catch, all because a Selfish sixteen year old kid was
Texting and driving!!
BAN ALL WIRELESS DEVICES WHILE DRIVING AND MAKE THE PUNISHMENTS
100 hours of public speaking to kids in classrooms to get them to tell their drivers Stop
Texting Calling and Driving!
Its not a matter of life and death. IT CAN WAIT!
Oct 05, 2013 at 11:47 AM
by Dustin CI'm still waiting on a ban of smoke in Denton bars...
Oct 03, 2013 at 4:58 PM
11
\\\\codad\\Global\\Agendas\\FORTUNEAGENDAITEMS\\CITYCOUNCIL2014\\2February2014\\February18\\WS3WirelessBan\\Exhibit3.doc 9IL.LЌ
ORDINANCE NO.____________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ADDING SECTION 18-38 OF THE
CODE OF ORDINANCES RELATING TO THE USE OF WIRELESS COMMUNICATION
DEVICES WHILE DRIVING; BY CREATING SECTION 18-38 TO PROHIBIT THE USE OF
WIRELESS COMMUNICATION DEVICES WHILE OPERATING A MOTOR VEHICLE;
PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS ORDINANCE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Denton City Council finds that there are significant risks relating to
distracted driving that include various aspects of the use of wireless communication devices
while driving on the City's public roadways; and
WHEREAS, it is in the interest of public safety to restrict the use of wireless communication
devices by persons operating motor vehicles on City public roadways and highways other than the
interstate highway system; and
WHEREAS, the interstate highway system may be distinguished from the other roadways
within the City because it is both a limited access highway system within the City of Denton and a
roadway on which a large percentage of motor vehicle operators on the interstate highway system
are travelling through the city without ever exiting the interstate highway system;
WHEREAS, prohibiting the use of wireless communication devices while driving in the
City of Denton, to the extent allowed by §545.425(f), Texas Transportation Code, addresses the
possible hazards produced by a distracted driver as the result of: (l)sending or reading text
messages, instant messages; (2) viewing or accessing internet sites; or (3) viewing or accessing
other data that uses commonly recognized electronic communications protocol; and
WHEREAS, this ordinance is drafted to address the City of Denton police power interests
in the regulation of public safety, and appropriately excludes acts for which the City is
preempted from regulating, and provides defenses to prosecution to the application of the
ordinance, including allowing the use of hands-free device, while a vehicle is stopped, and
communications by operators of authorized emergency vehicles; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference as true.
SECTION 2.Chapter 18 “Motor Vehicles and Traffic” of the Code of Ordinances of
Denton, Texas is hereby amended by adding Section 18-38 regarding the use of wireless
communication devices while driving on all streets and highways within the City of Denton other
than any streets within the interstate highway system. Section 18-38 shall read as follows:
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Sec. 18-38 Use of Wireless Communication Devices While Driving.
(a)In this section, a “Hands-free device” means speakerphone capability or a
telephone attachment to other piece of equipment, regardless of whether
permanently installed in the motor vehicle, that allows use of the wireless device
without use of either of the operator’s hands.
(b)In this section, “Stop” or “Stopped” means to stand an occupied or unoccupied
vehicle in a location other than a lane of traffic on a roadway.
(c)In this section, “Wireless Communication Device” has the meaning assigned in
Section 545.425 (Use of Wireless Communication Device; Offense) of the Texas
Transportation Code.
(d)An operator of a motor vehicle may not use a wireless communication device
while operating a motor vehicle on any street or highway within the City of
Denton not within the interstate highway system. The interstate highway system
within the City of Denton includes the following roadways:
1. Interstate Highway 35 East;
2. Interstate Highway 35 West;
3. Interstate Highway 35; and
4. All the frontage and access roads providing access to the three interstate
highways.
(e)This section does not apply to an operator of a motor vehicle using a wireless
communication device:
1.While the vehicle is stopped;
2.The wireless communication device is used with a hands-free device; or
3.That is affixed to the vehicle and used as a global positioning or navigation
system.
(f)This ordinance does not apply to:
1. An operator of an authorized emergency vehicle using a wireless
communication device while acting in an official capacity; and
2. An operator who is licensed by the Federal Communications Commission
operating a radio frequency device other than a wireless communication
device.
(g)It is an affirmative defense to prosecution of an offense under this section is a
wireless communication device is used:
1.For obtaining emergency assistance to report a traffic accident, medical
emergency, or serious traffic hazard, or to prevent a crime about to be
committed or being committed;
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2.In the reasonable belief that a person’s life or safety is in immediate danger; or
3.Solely in a voice-activated mode.
(h)To the extent that this section conflicts with the Texas Transportation Code
Section 545.424, regarding the use of wireless communication devices while
operating a motor vehicle by minors, or Texas Transportation Code Section
545.425, regarding the use of wireless communications devices in school zones or
by the operators of school busses, this section does not apply.
SECTION 3. 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 invalidity.
SECTION 4. Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 5. Any person found guilty of violating this Ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed two hundred dollars ($200).
SECTION 6. This Ordinance providing for a penalty shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is hereby directed to cause the
caption of this ordinance to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within 10 days of the date of its passage.
PASSED AND APPROVED this the ______ day of __________________, 2014.
__________________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
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ORDINANCE NO.____________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ADDING SECTION 18-38 OF THE
CODE OF ORDINANCES RELATING TO THE USE OF WIRELESS COMMUNICATION
DEVICES WHILE DRIVING; BY CREATING SECTION 18-38 TO PROHIBIT THE USE OF
WIRELESS COMMUNICATION DEVICES WHILE OPERATING A MOTOR VEHICLE;
PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS ORDINANCE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Denton City Council finds that there are significant risks relating to
distracted driving that include various aspects of the use of wireless communication devices
while driving on the City's public roadways; and
WHEREAS, prohibiting the use of wireless communication devices while driving in the
City of Denton, to the extent allowed by §545.425(f), Texas Transportation Code, addresses the
possible hazards produced by a distracted driver as the result of: (l)sending or reading text
messages, instant messages; (2) viewing or accessing internet sites; or (3) viewing or accessing
other data that uses commonly recognized electronic communications protocol; and
WHEREAS, this ordinance is drafted to address the City of Denton police power interests
in the regulation of public safety, and appropriately excludes acts for which the City is
preempted from regulating, and provides defenses to prosecution to the application of the
ordinance, including allowing the use of hands-free device, while a vehicle is stopped, and
communications by operators of authorized emergency vehicles; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference as true.
SECTION 2.Chapter 18 “Motor Vehicles and Traffic” of the Code of Ordinances of
Denton, Texas is hereby amended by adding Section 18-38 regarding the use of wireless
communication devices while driving. Section 18-38 shall read as follows:
Sec. 18-38 Use of Wireless Communication Devices While Driving.
(a)In this section, a “Hands-free device” means speakerphone capability or a
telephone attachment to other piece of equipment, regardless of whether
permanently installed in the motor vehicle, that allows use of the wireless device
without use of either of the operator’s hands.
(b)In this section, “Stop” or “Stopped” means to stand an occupied or unoccupied
vehicle in a location other than a lane of traffic on a roadway.
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(c)In this section, “Wireless Communication Device” has the meaning assigned in
Section 545.425 (Use of Wireless Communication Device; Offense) of the Texas
Trasportation Code.
(d)An operator of a motor vehicle may not use a wireless communication device
while operating a motor vehicle.
(e)This section does not apply to an operator of a motor vehicle using a wireless
communication device:
1.While the vehicle is stopped;
2.The wireless communication device is used with a hands-free device; or
3.That is affixed to the vehicle and used as a global positioning or navigation
system.
(f)This ordinance does not apply to: (1) an operator of an authorized emergency
vehicle using a wireless communication device while acting in an official
capacity; and (2) an operator who is licensed by the Federal Communications
Commission operating a radio frequency device other than a wireless
communication device.
(g)It is an affirmative defense to prosecution of an offense under this section is a
wireless communication device is used:
1.For obtaining emergency assistance to report a traffic accident, medical
emergency, or serious traffic hazard, or to prevent a crime about to be
committed or being committed;
2.In the reasonable belief that a person’s life or safety is in immediate danger; or
3.Solely in a voice-activated mode.
(h)To the extent that this section conflicts with the Texas Transportation Code
Section 545.424, regarding the use of wireless communication devices while
operating a motor vehicle by minors, or Texas Transportation Code Section
545.425, regarding the use of wireless communications devices in school zones or
by the operators of school busses, this section does not apply.
SECTION 3. 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 invalidity.
SECTION 4. Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
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SECTION 5. Any person found guilty of violating this Ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed two hundred dollars ($200).
SECTION 6. This Ordinance providing for a penalty shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is hereby directed to cause the
caption of this ordinance to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within 10 days of the date of its passage.
PASSED AND APPROVED this the ______ day of __________________, 2014.
__________________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
EXHIBIT5
WorkSession4
AGENDA INFORMATION SHEET
AGENDA DATE: February 18, 2014
DEPARTMENT:
ACM: Jon Fortune
SUBJECT
Receive a report, hold a discussion and give staff direction on the design process for the
proposed Hotel/Convention Center
BACKGROUND
On December 10, 2013, the City Council approved the Master Development Agreement (MDA)
nvention center
hotel.
The Master Development Agreement provides the details for the funding and development of the
project. The City would fund and own the convention center which is estimated to cost $25
million. The size of the convention center is an approximate 100,000 sq/ft facility and includes
an approximate 30,000 sq/ft ballroom. It will be designed to handle very large events and be able
to accommodate approximately 2,000 for banquet style seating. It is important to note that the
City would be funding the convention center only and not the hotel. The hotel is planned to be an
Embassy Suites of approximately 318 rooms, but at a minimum will have 275 rooms (nine
stories tall) and includes a restaurant. Both would be funded by OHPD and represent an
approximate $60 million investment. The City will sub-lease the convention center to OHPD
which would be operated and managed by OHM (same operator as the hotel).
To coordinate the design and construction of the hotel and convention center as one project, the
construction manager agent. While the contractor for the construction will be selected by the
City once design development drawings become available, this process will allow a more
seamless and efficient design and construction process.
Staff is happy to report that the design team has now been fully engaged, and the design of the
th
convention center and hotel has begun. On February 18, HM Chief Executive
Officer and Steve Minton, Chief Architect for OHM will be in town and staff thought it would
provide a good opportunity for them to provide the City Council a general update on the design
process, the conceptual elements of the convention center, and be available to respond to
questions.
Agenda Information Sheet
February 18, 2014
Page 2
PRIOR ACTION/REVIEW
September 2011
January 2012 City, OHM and UNT reach non-binding agreement on guiding principles to
negotiate a development agreement (the Memorandum of Preliminary Agreement.)
March 2012 City and OHM meet with local hotel operators at the Quarterly Convention and
Visitor Bureau Hospitality Meeting to present the proposed project.
May 2012 City Council Work Session to receive overview of proposed project and meet with
the prospective developer,
December 2012 City and OHM present proposed project to the DISD Trustees during a Trustee
Meeting.
March 2013 City Council Work Session discussion and update on proposed project.
September 2013 City Council Work Session discussion and update on proposed project.
October 2013 - City Council Work Session discussion and update on proposed project.
November 19, 2013 City Council Work Session discussion and review of development
agreements.
December 2, 2013 Presentation of proposed project to joint City Council and DISD Board
Trustees meeting.
December 3, 2013 Presentation of proposed project to Economic Development Partnership
Board.
December 3, 2013 City Council Work Session discussion and review of development
agreements.
December 10, 2013 The City Council approved the Master Development Agreement and
related development and professional service documents.
FISCAL IMPACT
The proposed Hotel and Restaurant are estimated to cost $60 Million and will be funded and
owned by OHPD. The Convention Center, which will be owned by the City, is estimated to cost
$25 Million and will be funded through the issuance of Certificates of Obligation Bonds. Project
related revenue (Hotel Occupancy Taxes, TIRZ revenue and sales taxes) plus rent payments by
OHPD will be dedicated to meet the required annual debt obligations to fund the Convention
Center.
Agenda Information Sheet
February 18, 2014
Page 3
Respectfully Submitted:
______________________________
Jon Fortune
Assistant City Manager
WorkSession5
AGENDA INFORMATION SHEET
AGENDA DATE: February 18, 2014
DEPARTMENT: Planning and Development
CM/ACM: John Cabrales, Jr.
SUBJECT
Receive a report, hold a discussion and give staff direction regarding proposed amendments to
Ordinances.
BACKGROUND
On July 9, 2013, staff presented a status update on the current Food and Food Service
Establishments Ordinance No. 2012-305 which was adopted on November 6, 2012. Staff also
presented some proposed amendments to the current Food Code. The amendments were
discussed and the City Council gave direction regarding the proposed amendments.
Staff is recommending the following amendments:
The addition of the following definition for Vendor: Vendor/Supplier: an approved
business establishment that sells or supplies food and food related products to Mobile
Food Establishments.
To help clarify who is required to provide documentation to whom, staff has added the
following to the code: The mobile food establishment shall provide documentation of
each visit to a commissary and shall have that documentation available for inspection.
This documentation shall be provided by the commissary providing service, and should
specify when and which service was provided.
There is a need to add verbiage to address Food Trucks that sell food at construction
sites: A mobile food preparation facility shall not park on an unimproved surface such as
grass or dirt without written approval from the City, unless selling for less than one hour
at or on a site that is currently under construction or where there is significant
construction activity.
Staff also added the following to the code: Mobile units shall not stop and sell food in any
residential zone tha
except for those mobile food units that regularly sell food to construction workers in
residential zones with active construction activity.
Agenda Information Sheet
February 18, 2014
Page 2
Staff added the following to the Food Code: Mobile units shall not sell food from a public
right of way without written permission from the City Manager or his designee.
On February 4, 2014, Councilman Gregory proposed the following amendments to the Food
Code:
Amendment A: 162.22
Class IV
Staff Recommendation: Make no change to this section in the ordinance. This change
does not add or distract from the code.
Amendment B: 169.1 (c) (3)
Replace the wording offered by staff with the following:
in a location that causes a physical or visible obstruction to pedestrian or vehicular
Staff Recommendation: Make no changes to this section of the ordinance.
Amendment C: 169.18
Staff Recommendation: Make no changes to this section of the ordinance. Businesses are
required by code (DDC) to have a minimum number of parking spaces for their
customers and employees, with one exception, a reciprocal parking agreement. This
means that a food truck could occupy the parking lot of a business, after the business
closes, thus freeing up the parking spaces.
Amendment D: 169.2
Staff Recommendation: Make no change to this section in the ordinance. This change
does not add or distract from the code.
Amendment E:
Councilman Gregory noted: In the July 9, 2013, City Council Work Session, staff noted,
The goal is cleanliness. Taking a mobile food unit to a commissary does not in and of
itself insure cleanliness.
Agenda Information Sheet
February 18, 2014
Page 3
Staff Recommendation: Change this section to state: 1) The interior of the mobile food
establishment shall be cleaned and serviced at an approved commissary at lease daily and
shall be stored at a location that is not used as a residence commissary, at a commercial
parking lot, or at a storage facility when not in operation.
Amendment F: -in
hose that may be used to wash the interior of the vehicle when it is at the commissary for
Councilman Gregory noted: Cleaning the floor of a vehicle that is approximately seven
feet wide by up to 18 feet long should not necessarily require a hose. Section 169.234 (2)
f hoses are used in the cleaning
Staff Recommendation: Staff supports this proposed change.
Amendment G: Itinerary Requirements 169.1 (3)
Replace the wording offered by staff with the following:
Mobile Food Unit to operate unless The Consumer Health Division has been notified of
the location. Notification may be done in writing or electronically according to
procedures established by the Division as long as the location is part of the preapproved
Councilman Gregory noted: Mobile food unit operators should notify the City of current
location of operation so that inspectors have the option to inspect the mobile food unit to
insure health and safety. This will allow for both flexible operation and health and
safety. They can do it via mobile phone or other cellular device.
Staff recommendation: Staff supports this proposed change.
OPTIONS
1. Make no changes to the current Food and Food Service Establishments ordinance.
2. Adopt the proposed version of the City Council and staff recommended amendments
made to the current Food and Food Service Establishments Ordinance No. 2012-305.
3. Direct the Building Inspections Division to amend the current Food and Food Service
Establishments Ordinance No. 2012-305, based on new City Council recommendations
not included in the proposed amended ordinance.
Agenda Information Sheet
February 18, 2014
Page 4
RECOMMENDATIONS
Adopt the proposed changes to Food and Food Services Establishments Ordinance No. 2012-
305.
PRIOR ACTION/REVIEW
February 4, 2014, the City Council voted to bring proposed amendments to a Work Session for
further review.
July 9, 2013, staff presented a six month status report of the Food and Food Service
Establishments Ordinance No. 2012-305, along with proposed amendments.
November 6, 2012, the City Council adopted the current Food and Food Service Establishments
Ordinance No. 2012-305.
EXHIBITS
1. A redlined version (Staff recommended amendments) of the Food and Food Service
Establishments Ordinance No. 2012-305, adopted November 6, 2012.
2.
Truck Code.
3. Recommended amendments presented by Councilman Gregory.
Prepared by:
Kurt S. Hansen
Building Official
Respectfully submitted:
Brian K. Lockley, AICP, CPM
Director of Planning and Development
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Exhibit 1
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Redlined version of Council and Staff recommendedamendments made to the Food and Food
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Service Establishments Code
ORDINANCE NO. ________________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 13 (“FOOD AND
FOOD SERVICE ESTABLISHMENTS”)OF THE CITY OF DENTON CODE OF ORDINANCESBY
DELETING ARTICLES I, II, III, IV, V AND VI IN THEIR ENTIRETY; ADOPTINGTHE TEXAS
FOOD ESTABLISHMENT RULES PROMULGATED BY THE TEXAS DEPARTMENT OF STATE
HEALTHSERVICESAND MAKING RELATED DELETIONS AND AMENDMENTS THERETO;
PROVIDING A SEVERABLITITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY NOT TO EXCEED $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON TEXAS HEREBY ORDAINS:
SECTION 1:Articles I, II, III, IV, V and VI ofChapter 13 (“FOOD AND FOOD SERVICE
ESTABLISHMENTS”)of the City of Denton Code of Ordinances are herebydeleted in theirentirety and
replaced with new Sections 13-10 and 13-20which hereby readin their entiretyas follows:
Sec. 13-10Rules on food service --Adopted; compliance procedures.
The city adopts the amendments to Texas Board of Health found in 25 Texas Administrative Code,
Chapter 229, Sections 161--171 and 173--175as amended, which establishes regulations regarding the
regulation of food establishments in this jurisdiction is hereby adopted as the minimum standards for food
service operations within the corporate limits of the City of Denton, Texas. Wherever in these rules the
words "municipality ofDenton" appear, they shall be understood to refer to the City of Denton and the
words "regulatory authority" shall refer to the City of Denton.The Texas Food Establishments Rules,
save and except the amendments set forth below are made a part of this article as if fully set forth herein.
A copy of the Texas Food Establishment Rules, along with city amendments, shall be kept on file in the
office of the city secretary of the city being marked and designated as the Texas Food Establishment
Rules, published by the Texas Board of Health Bureau of Food and Drug Safety (Retail foods division).
Any revision, addition, or deletion to the Texas Food Establishment Rules(TFER)by the Department of
State Health Services or the United States Food and Drug Administration(FDA)shall be deemed to be an
amendment to this article and adopted as of the time it goes into effect or is published.
Sec. 13-20 Deletions and amendments.
Amendments to the Texas Food Establishment Rules
Section 229.162 is amended by adding the following:
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162.1 Administrator: the Building Official, or their designated employee, of the City of Denton.
162.2 Agricultural product: an agricultural, apicultural, horticultural, silvicultural, or
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viticultural, or fish or other aquatic species product, either in its natural or processed state, that
has been produced, processed, or otherwise had value added for use as human food.
162.3 Catering Establishment:shall mean a food establishment wherefood is completely or
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partially prepared for delivery at a separate location where it is meant to be served and consumed.
For purposes of this definition of mobile food establishments, a food service establishment is
considered to be operating mobile food units, rather than to be operating as a catering
Page 1 of 34
establishment; unless at each premises or property to which food is delivered, the food is
provided to one person for consumption by that person or that person’s guests or invitees.
162.4 Catering operation: a food service establishment which prepares or serves food on
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premises in control of another.
162.5 Certificate of Occupancy: A Certificate of occupancy is a document issued by a local
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government agency indicating that a building or mobile food vehicle complies with zoning and
building laws.
162.6 Change of Ownership: a change of owner or operator of a food establishment business,
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and does not refer to a change of owner of the property or building in which the business is
located.
162.7 Change of Use: that which requires the owner of an establishment to submit plans before
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any construction is begun on a project that changes the use of the current establishment.
162.8 Commercially Manufactured: produced or built, for commercial gain,by a person
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showing a high degree of skill or competence.
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162.9Commissary:also known as a central preparation facility; base of operations; or premises
from which a mobile unit operates. AThe commissary shall be used as athebase of operations for
all classes of mobile food vendors. AThecommissary is an approved site(s)approved by the
City Health Officerat which food preparation, storage and cleaning or servicing of the vehicle
occurs. State law prohibits the use of a private residence as a central preparation facility or
warehouse.
1162.10 Community Market:a designated location used primarily for the distribution and sale
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directly to consumers ofraw agricultural products grown by farmers orhome-grown fruits,
vegetables, produce or food products; meat and fish items, plants and flowers; arts and crafts
items; andbakery goods, beverages, dairy products, delicatessen, and grocery items.
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162.11Cooking demonstration: food that is not to be offered, sold,or otherwise distributed to
the public
162.12FarmersMarket:a designated location used primarily for the distribution and sale
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directly to consumers of food products by farmers or other producers of agricultural products
162.13Farmer’s Market Food Vendor: any person(s) who operate(s), offers,or sells food
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typically known as “farm grown”, “farm originating” or “farm obtained” from a location
approved on private or public property. Foods included in “farm grown” are whole produce,
plants, nuts, certain meats, honey, eggs and pasteurized dairy products. These vendors and any
foodservice operations shall comply with the Texas Food Establishment Rules as set forth by the
Dept. of State Health Services.
162.14Fixed Commercial Location: a building that can obtain acertificate of occupancy; not
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mobile in nature.
162.15Food handler card: a card issued by the city of Denton to all food establishment
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employees whose work brings them into contact with the handling of food, utensils, or food
service equipment. These employees shall fulfill all city requirements before receiving a card.
162.16Grease Interceptor:A plumbingappurtenance that is installed in a sanitary drainage
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system to intercept oily and greasy wastes from a wastewater discharge. Such device has the
ability to intercept free-floating fats and oils.
162.17Health Officer:the officer or other designated authority charged with the administration
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and enforcement of this code, or a duly authorized representative.
162.18Health or regulatory authority:the City of Denton.
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162.19Heavy Food Preparation:shall mean any area in which foods are prepared utilizing a
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grill, griddle, deep-fat fryer, commercial type ovens, and/or any similar food preparation
Page 2 of 34
equipment; or any area subject to flooding type of wet cleaning procedures due to the cutting or
processing of meat, poultry, fish or pork. Heavy food preparation includes but is not limited to:
cafeterias, fast food restaurants, full service restaurants, pizza preparation, donut preparation, and
meat and fish markets, etc. and may include day care centers.
For information regarding grease interceptor sizes, refer tothe International Plumbing Code as
amended by the City Building Inspection Department.
162.20Light Food Preparation:shall mean any area in which foods are prepared exclusive of
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the use of fryers, grills or similar equipment. Light food preparation is usually limited to the
preparation of hot dogs, sandwiches, salads or other similar foods and fountain-type cold drinks.
Light food preparation includes, but is not limited to, sandwich shops, limited menu concession
stands, etc. and may include day care centers.For information regarding grease interceptor sizes,
refer to the International Plumbing Code as amended by the City Building Inspection Department.
162.21Minor:shall mean an individual under the age of 18
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162.22Mobile Food Establishment;aAfood establishment that serves, sells, or distributes any
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food or beverage from a mobile food preparation vehicle that is not operating at a permanent
fixed location. A mobile foodservice establishment is vehicle-mounted or wheeled and capable of
being readily moveable. A mobile food unit is fully self-contained. A mobile food establishment
is a commercially manufactured vehicle from which food is prepared, served or provided for the
public with or without charge.
Types of mobile food establishments:Themobile food unit classifications are based upon the
type of menu served.
Class I –Limited Mobile Food Establishment:these mobile food units may provide hot and
cold holding display areas from which packaged foods are displayed. Self-service by customers
of unpackaged foods is not allowed. Preparation, assembly or cooking of foods is not allowed on
the unit.Non-potentially hazardous beverages must be provided from covered urns or dispenser
heads only. No dispensed ice is allowed.
Class II –General Mobile Food Establishment: these mobile food units may serve a full menu
as approved by the Consumer Health Division.
Class III -General Service Pushcarts:these mobile food units may operate only at one location
for the life of a permit and shall serve only alimited menu as approved by the Consumer Health
Division.
Class IV –Limited Service Pushcarts:these mobile food units may operate at one location for
the life of a permit or may be pushed by human power to various locations and shall serve only a
limited menu of non-potentially hazardous, prepackaged food items as approved by the Consumer
Health Division.
162.23No food preparation:any area in which foods are provided pre-wrapped, from a source
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approved by the Department of State Health Services with microwave oven type heating being
the maximum handling involved. No food preparation is limited to prepackaged sandwiches or
similar foods, candies and containerized beverages.
162.24Non-potentially hazardous beverage:shall mean a non-alcoholic liquid intended for
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consumption, whether natural or synthetic, that does not require temperature control because it is
not capable of supporting the rapid and progressive growth of infectious or toxigenic
microorganisms or the growth and toxin production of Clostridium botulinum. The term
includes:
1)Tea and coffee, excluding espresso, with powdered creamer or ultra-high, pasteurized half
and half in individual servings;
2)Commercially made, high acid beverages with a pH level of 4.6 or below, such as apple
juice, lemonade, limeade, and orange juice;
Page 3 of 34
3)Fresh squeezed, high acid beverages;
4)Commercially filled carbonated beverages;
5)High acid beverages made from a commercial mix; and
6)Mineral water sold in open, single-service cups with ice from an approved source.
162.25Non-profit organization:All government entities and political subdivision and public
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school districts; Organizations chartered under the Texas non-profit corporation act; or
Operations recognized by the IRS as a 501(c) organization or corporation.
162.26Perishable food:shall mean any food of a type or in a condition that may spoil.
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162.27Remodeling, extensive:any change in the structure of a food preparation area or any
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change in the establishment which would increase or decrease size requirements for the food
preparation or food storage areas as specified in sections 13-27 (b) and (c). The term may also
include any construction which requires a building permit from the Building Inspection Division
of the City of Denton.
It does not include: Expenditures for the replacement of moveable equipment; or remodeling
which does not affect the construction or operation of food storage or food preparation areas or
areas used to store or clean utensils and equipment used in food storage or food preparation.
162.28Seasonal food service establishment:any food service establishment which operates
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from a fixed location for a period not to exceed six (6) consecutive months provided that such
operation shall occur only once during any twelve (12) consecutive month period.
162.29Smoker:any unit, whether mobile or fixed in nature, which uses wood or wood products
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to provide smoke for the purpose of slow cooking meats intended for human consumption,
whether such unit is inside an enclosed building or in an outdoor area.
162.30Temporary Event/Community Based Event:transitory gatherings such as traveling
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fairs, carnivals, multicultural celebrations, special interest fundraisers, restaurant food shows,
grand openings, customer appreciation days, etc. also called special events. These are single
events or celebrations.
162.31Temporary food permit:a permit issued after fulfilling all City requirements to a food
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establishment selling or serving food at a temporary event. The temporary food permit is valid
until the temporary event concludes or for 14 consecutive days, whichever is less. A temporary
food permit is valid for only one event location at a time.
162.32Toilet facilities:flush toilets and sinks with hot and cold running water connected to an
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approved system
162.33 Vendor/Supplier: anapproved business establishment approved by the City Health
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Officer that sells or supplies food and food related products to Mobile Food Establishments.
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162.343Warehouse:shall mean any enclosed structure, room, or building wherepackaged food
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or food products intended for off-premise consumption are stored for, sold to, or offered for sale
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or distribution to persons other than the ultimate consumer.
162.354Wholesome:in sound condition, clean, free from adulteration, and otherwise suitable for
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use as human food. Food which is packaged shall be deemed wholesome if it meets the foregoing
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requirements and it is used or sold prior to the expiration date marked on the package.
Section 229.163(a)is amended by adding the following:
163.1 This person(i.e., the person in chargeas defined in T.F.C.R. §229.163(c))shall have a
valid Food Protection Management training certificate. Certification must be obtained by passing
an examination approved by the Texas Department of State Health Services and approved by the
regulatory authority.
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The following food service establishments are exempt from the requirements of this section:
1)Establishments selling only uncut produce or commercially packaged; hermetically
sealed foods;
2)a food enterprise that provides only beverages or prepackaged food that is not a
potentially hazardous food;
3)Bars and lounges that do not serve potentially hazardous foods;
4)a food processing plant that is inspected at least once each week by a state or federal food
sanitationinspector or that only stores prepackaged food that is not potentially hazardous;
5)Concession stands that are run by volunteers;
6)a nonprofit organization that serves food only to members of the organization;
7)a vending machine or a mobile food establishmentthat offers only prepackaged food, if a
certified food manager is in charge at the central preparation facility that supplies the
products for the vending machine or mobile food establishment; or
8)a temporary event food vendor.
Compliance may be required of establishments having one of the above exemptions if they have
repeated or critical food code violations, or if determined by the health officer to be capable of
causing food borne illness.
163.2 The owner or operator of a new foodservice establishment shall provide verification to the
Consumer Health Division, prior to the opening of the establishment, that the establishment meets
the Certified Food Protection Manager requirement of this article.
163.3 If a foodservice establishment cannot meet the requirements of this section because of the
termination or permanent transfer of a registered food protection manager, the food establishment
shall: Employ another registered food manager within thirty (30) days of the effective date of the
termination or transfer of the previous manager. When an existing food service establishment has
a change of ownership, the new owner or operator of the establishment shall provide verification
to the Consumer Health Division within thirty (30) days of the effective date of the change of
ownership that it is in compliance with the certified food protection manager requirements of this
article.
163.4 A person commits an offense if the person is the owner or operator of a food establishment
and violates a provision of this section.
163.5 A person commits an offense if the person is the food manager of a food establishment and
fails to obtain a food protection manager’s certificate from an accredited program accepted by the
Texas Department of State Health Services within the time limits allowed in this article.
163.6 A person holding a food protection manager’s certificate shall register a copy of that
certificate with the City of Denton Consumer Health Division.
Section 229.163(c)(12) is amended by adding the following:
163.7 Every person whose work brings them into contact with the handling of food, utensils, or
food service equipment must possess a valid City of Denton food handler card.
Every person who owns, manages, or otherwise controls any food service establishment shall not
permit any person to be employed therein who does not possess a valid City of Denton food
handler card within ten (10) days from the date of their employment.
163.8 Food handler test
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In order to receive a food handler's card, every person must achievea score of seventy (70) or
more on a the test offered by the City of Denton or pass an approved on-line course offered on the
City of Denton Consumer Health webpage. After an applicant passes an online food handler
course, the applicant shall bring verification to the City in order to receive a City of Denton
issued Food Handler card. This requirement must be met upon expiration of a food handler's card
and upon application for a new food handler's card. At the discretion of the health officer, if he or
she deems it necessary, employees may be required to attend one of the classes offered by the
City of Denton Consumer Health Division.
163.9 Certificates available.
The permit holder of the food service establishment shall make food handler cards and food
manager certificates displayed where they can be easily seen by the regulatory authority.
163.10 Duration of food handler card.
Any food handler's card issued under the provisions of this article shall remain in full force and
effect two years from the date of issuance.
163.11 Same-nontransferable.
Every food handler card issued under the provisions of this chapter shall be nontransferable.
163.12 Same--Confiscation.
The health officer shall have the authority to confiscate a food handler's permit that has expired or
is otherwise invalid.
163.13 Personnel.
a)A food employee may drink from a beverage container that has a tight-fitting lid with a
straw.
b)Employees shall wear disposable gloves when handling ready-to-eat foods, or provide
documentation of training regarding correct handling of ready-to-eat foods as found in
section 229.164(e)(1)(D)(i)-(iii).
Section 229.164(a) is amended by adding the following:
164.1 Destruction of unwholesome food authorized.
Whenever the city health officer discovers any food or drink displayed for sale or kept for sale,
which is unwholesome or unsafe for human consumption, the officer shall order the food or drink
to be destroyed or removed, and the owner or the responsible person in charge shall immediately
destroy or remove such unwholesome or unsafe food at his or her own expense.
164.2 Sale or other disposition of unwholesome food prohibited.
It shall be unlawful for any person, association of persons, firm, food service establishment,
temporary food service establishment or corporation to offer for sale or give away any food or
drink for human consumption which has been pronounced by the city health officer to be unfit for
such use. No person shall prepare potentially hazardous or TCS food for sale to the public from
their own private residence.
Section 229.164(v)(2)(C) is amended by adding the following:
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164.3 Written documentation of cool-down procedures of the food that is being donated is
required.
Section 229.165(k)(1)(C) is amended by adding the following:
165.1 Existing equipment which was installed in a food service establishment prior to the
effective date of this chapter, and which does not meet fully all of the design and fabrication
requirements of this rule shall be deemed acceptable in that establishment as long as there is no
change of ownership, equipment is in good repair and capable of being maintained in a sanitary
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condition, and the food-contact surfaces are nontoxic. Replacement equipment and new
equipment acquired after the effective date of this chapter shall meet the requirements of this
chapter.
Section 229.166(j)(3) is amended by adding the following:
166.1 Grease Interceptors shall be located outside the food preparation area unless otherwise
approved by the regulatory authority.
Section 229.166(l)(14)(B) is amended by adding the following:
166.2 Garbage Containers.
Garbage and refuse shall be kept in durable, easily cleanable, insect-proof, and rodent-proof
containers that do not leak and do not absorb liquids. Containers used in food preparation and
utensil-washing areas shall be kept covered except when actually in use.
There shall be sufficient number of containers to hold all the garbage and refuse that accumulates
during operation of the food establishment. The regulatory authority may require additional
service, dumpsters or larger dumpsters to accommodate the garbage and refuse that accumulates.
Suitable facilities, including hot water and detergent or steam shall be provided and used for
washing garbage containers. Liquid waste from compacting or cleaning operations shall be
disposed of as sewage. Power washing and contracted cleaning services shall be performed
according to applicable law.
Cardboard or other packaging materials that do not contain food residues or that are waiting
regularly scheduled delivery to a recycling or disposal site may be stored outside in a covered
receptacle if it is stored so that it does not create a rodent harborage problem.
Section 229.167(b)(3) is amended by adding the following:
167.1 Premises.
Food Service establishments and all parts of the property used in connection with operations of
the establishment shall be kept free of litter.
Only articles necessary for the operation and maintenance of the food service establishment shall
be stored on the premises.
Section 229.167(p)(15)(B)(iii) is amended by adding the following:
167.2 A food service establishment may permit a customer to be accompanied by a dog in an
outdoor dining area if:
a)The food service establishment posts a sign in a conspicuous location stating that dogs
are allowed in the outdoor dining area;
b)The customer and the dog access the outdoor dining area directly from the exterior of the
food service establishment;
c)The dog does not enter the interior of the food service establishment;
d)The customer retains the dog on a leash at all times and controls the dog;
e)The customer does not allow the dog to be on a seat, a table, a countertop, or a similar
surface;
f)In the outdoor dining area, the food service establishment does not
1)prepare food; or
2)permit open food, except for food that is being served to a customer; and,
g)Only cleaners and sanitizers that are not harmful to animals may be used on outdoor
surfaces.
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Section 229.169is amended by adding the following:
169.1 Requirements for mobile units.
a)Application Process
1)In order to obtain a health permit to operate a mobile food establishment within
the city limits of Denton, an applicant shall submit all required applications and
applicable documents with the City of Denton and pay all required fees.
2)The application shall include an approved Certificate of Occupancy issued by the
Building Official. A Certificate of Occupancy shall be required for all mobile
units that will stop and sell food in any one parcel of land for more than one hour.
The Certificate ofOccupancy verifies that all sales locations stated in the
submitted location itinerary are zoned for food establishments. Other
documentation may be required by the health officer.
3)The Consumer Health Division shall shallmust be given written notice withinat
leastat least two (2) business days beforeafterbefore implementation of any
changes to the filed itinerary.
b)Permit Issuance
1)Upon receiving a proper application for a permit, the Consumer Health Division
shall make appropriate inspections of the vehicle; equipment and other
reasonable inspections concerned with the mobile food establishment and shall
issue a permit and sticker only if:
a)The inspection reveals compliance with the applicable requirements of
all federal and state statutes and regulations and city ordinances
governing the proposed mobile food establishment operation.
b)The valid sticker shall be displayed by a mobile food
establishment:
1.The hard copy of the permit shall be posted in public view inside
the vehicle and
2.The sticker permit shall be posted on the back right corner on the
outside of the vehicle –it will display the date of expiration of
the permit and the unit ID number.
2)The health permit shall be valid for 12 months. Mobile food establishment
permits shall not be transferable and shall be considered revoked should the food
vending operation be changed from that specified in the permit.
c)Location of Operation
1)Any location where mobile units stop and sellalefood in any one location for
more than one hour, shall be zoned (accordingto the Denton Development Code)
to allow food establishments.
2)Mobile units shall not stop and sell food in a residential District(as defined in the
Denton Development Code) without written permission from the Homeowner’s
Associationor a Neighborhood Association. Mobile units shall not stop and sell
food in any residential zone that does not have an active Homeowner’s or
Neighborhood Association, except for those mobile food units that regularly sell
food to construction workersin residential zones withactive construction
activity..
2)3)Mobile units shall not sell food from a public right of way without
written permission from the City Manager or his designee.
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d)Operations on Public Property
No mobile food vehicle shall operate a business from a public park or publicly owned
property or site without written permission from the City.
e)Signage
1)Each mobile establishment must be readily identifiableby business name,
printed, permanentlyaffixed, and prominently displayed upon at least two sides
of the units , in letters and numbers not less than 3 (three ) inches in height
2)Each mobile food establishment shall be clearly marked with the food
establishment’s name or a distinctive identifying symbol. The lettering shall be
at least three (3) inches in height and ofa color contrasting with the background
color. If a symbol is used, it shall be at least twelve (12) inches in diameter or of
an equivalent size.
3)Each mobile food establishment shall be clearly marked with the permit number
for purposes of identifying each unit on inspection reports and other
communications.
Section 229.169(a)(1) is amended by adding the following:
169.2 Mobile Food Vehicle Types
Class I–Limited Mobile Food Establishment:these mobile food establishments may provide
hot and cold holding display areas from which packaged foods are displayed. Self-service by
customers of unpackaged foods is not allowed. Preparation, assembly or cooking of foods is not
allowed on the unit.Non-potentially hazardous beverages must be provided from coveredurns or
dispenser heads only. No dispensed ice is allowed.
Examples of foods that are allowed:
1)Food that was prepared and packaged in individual servings at an approved commissary
and transported and stored under conditions meeting the requirements of this article
2)Potentially hazardous beverages such as individual servings of milk, milk products and
coffee creams that have been packaged at a pasteurizing plant. All foods sold will need to
meet proper labeling requirements.
Note: If the vendor is selling prepackaged food, the vendor shall provide a copy of the
commercial food establishment’s Texas Food Manufacturing permit (or Meat Safety
Assurance Permit –if applicable) from the Texas Department of State Health Services.
Class II–General Mobile Food Establishment: these mobile food establishments may serve a
full menu as approved by the Consumer Health Division.
Class III -General Service Pushcarts: these mobile food units may operate only at one location
for the life of a permit and shall serve only alimited menu as approved by the Consumer Health
Division.
Menu items shall be limited to, unless authorized by the Health Inspector: thosemenu
items listed under Class IV –Limited Service Pushcart category, hot dogs, nachos with artificial
cheese base,corn on the cob, snow cones, popcorn, pretzels, sausage on a stick, tea, lemonade,
fruit drinks (from dry mix only), tamales, and roasted peanuts.
Class IV –Limited Service Pushcarts:these mobile food units may operate at one location for
the life of a permit or may be pushed by human power to various locations and shall serve only a
limited menu of non-potentially hazardous, prepackaged food items as approved by the Consumer
Health Division.
Menu items shall be limited to, unless authorized by the Health Inspector: prepackaged
chips, candy, ice cream, prepackaged sodas, and bottled water.
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169.3Class III and Class IV Mobile Food Vendors shall not:
1)use a vehicle that exceeds 6 ft. x 4 ft. x3 ft.;
2)enter or occupy a public roadway to solicit or conduct asale;
3)place any signs or other advertising devices on public propertyother than those signs
affixed to the vehicle;
4)physically or visibly obstruction pedestrian and vehicular traffic;
5)sell, distribute, or offer for sale, goods or services that have not been approvedby the
Health Inspector;
6)be located within a construction area,or;
7)conduct business with vehicular traffic located in the street right-of-way.
169.4Servicingatbycommissaries
Mobile food establishments shall report to an the approved commissary locationsfor supplies,
cleaning, and servicing operations as follows:
1)The interior of the mobile food establishment shall be cleaned and servicedatan the
approved commissary atleast daily,and shall be storedat acommissarylocation not used
as a residence , at a commercial parking lot,or at a storage facilitywhen not in operation.
2)The mobile food establishment shall acquire needed supplies from an approved the
commissary or other approved sources.
3)An existing food establishment may serve as a commissary for a mobile food
establishment only if approved by the health officer. The existing food establishment
would be required to have an approved vehicle storage facility, approved potable water
hookups, approved wastewater drainage facilities, approved grease interceptor hookups
and size, and any other accommodations as determined necessary by the health officer to
ensure compliance with all regulatory codes.
4)The mobile food establishment shall provide documentation of each visit toathe
commissary and shall have that documentation available for inspection.This
documentation shall be provided by the commissary providing service,and should
specify when and which service was provided.
169.5Servicing Records
It shall be unlawful for an operator of a mobile food establishment to be in operation without a
valid servicing record in his possession. The operator of a mobile food establishment shall keep
and maintain servicing records on the mobile food establishment for a period of one year from the
date of servicing. The servicing records must be immediately available to any peace officer or
health officer for inspection.
169.6Vehicle construction
a)The interior of the vehicle shall be commercially manufactured or be approved by the
health officer.
b)The food preparation area of the vehicle shall be completely enclosed.
c)Mobile food establishments may be required to provide an on board power source, such
as a battery or generator, to assure maintenance of PHF/TCS foods at proper temperatures
during transit, preparation and service. The vehicle must be equipped with commercial
mechanical facilities. All equipment on the vehicle is to be NSF approved, ANSI
approved, or of commercial grade.
d)The cab of the vehicle must be physically separated from the food preparation area, and
the seats designated for the cook and any passengers must be located outside of the food
preparation area.
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e)All cooking equipment and hot holding units must be located at the rear of a mobile food
preparation vehicle. Covers for deep fryers must be provided and installed over fryer
units while vehicle is in motion.
f)The vehicle must be equipped with a built-in hose that may be used to wash the interior
of the vehicle when it is at the commissary for servicing.
169.7Exterior surfaces
Exterior surfaces of mobile food units shall be of weather resistant materials and shall comply
with all applicable laws.
169.8Utility connections
Utility connections shall be limited to only electrical service and shall be in full compliance with
the Electrical Code. All electrical extension cords shall be of industrial grade quality and shall be
utilized in a safe manner as not to be a nuisance or a trip hazard. Mobile food establishments shall
not be connected to any potable water service, sanitary sewer service, or fuel gas service while in
the operation of preparing or vending food.
169.9Damage Report
Any accident involving a mobile food establishment that results in damage to the water system,
waste retention tank, food service equipment, or any facility that may result in the contamination
of the food being transported or any damage that results in a violation of this section, shall be
reported within 24 hours of the time the accident occurred. Reports shall be made by the holder of
the mobile food establishment health permit.
169.10Overhead Protection
Overhead protection shall be provided for mobile food units that are operated outdoors and where
food is not covered at all times. The overhead protection shall consist of, but not be limited to,
roofing, ceilings, awnings, or umbrellas. The overhead protection must be easily cleanable.
169.11Any additional equipment or the arrangement thereof other than that approved when the
permit was issued shall be prohibited unless approved in advance by the Consumer Health
Division.
Section 229.169(a)(7) is amended by adding the following:
169.120A mobile food establishment must demonstrate mobility at any reasonable time if
requested by any peace officer, health officer, or designatedcity employee.
169.131Operation capacity limited
The operator of a mobile food establishment shall prepare, serve, store, and display food and
beverages on or in the mobile food unit itself; and shall not attach, set up, or use any other device
or equipment intended to increase the selling, serving, storing, or displaying capacity of the
mobile food establishment. It shall be un-lawful for the operator of a mobile food establishment
to:
1)Allow items such as, but not limited to brooms, mops, hoses, equipment, containers and
boxes or cartons to remain adjacent to or beneath the mobile food establishment;
2)Provide or allow any sign or banner to remain that is not attached and solely supported by
the mobile food establishment; or,
3)Sell food outside of the vehicle, for example, from a table under a free standing canopy.
All food vending shall be done from the mobile unit.
169.1214Mobile food establishments are limited by the types and choices of approved food
items being prepared and sold. Food preparation maybe restricted by Consumer Health.
Section 229.169(a)(8)(A) is amended by adding the following:
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169.153If liquid waste results from the operation of a mobile food establishment it shall
comply with the following:
1.It shall be stored in permanently installed, vented retention tanks that are at least fifteen
percent (15%) larger than the water supply tank, but not less than thirty (30) gallons of
capacity and shall be drained and thoroughly flushed during servicing operations.
2.All liquid waste shall be discharged to an approved sanitary sewage disposal system at
the commissary.
3.Liquid waste shall not be discharged from the retention tank when the mobile food
establishment is at an operational location.
4.The waste connection shall be located below the waterconnection to preclude
contamination of the potable water system.
5.Connection to a sewerage system at an operation location is prohibited.
6.All used fats, oil, or grease shall be discharged to an approved grease interceptor at the
commissary. Used fats,oils, or grease shall not be discharged to any unauthorized
food establishment grease interceptor.
Section 229.169(a)(9)(B) is amended by adding the following:
169.164Garbage and Refuse
A mobile food establishment shall provide a minimum of 20 gallons for garbage and refuse
storage facilities for the operator’s use; and shall have garbage and storage facilities attached to
the exterior of the mobile food establishment that are insect and rodent-proof for customer use.
169.175Access to Restroom Facilities
Prior to the issuance of a health permit, the operatorof a mobile food establishment shall submit
to the Consumer Health Division and comply with the following:
a)Written proof of availability of restrooms with flushable toilets for the use of the mobile
food establishment employees located in a business establishment within 500 feet of each
location where the mobile food unit will be in operation for more than one (1) hour in any
single day.
b)Proof of availability of adequate facilities shall be in the form of a written and notarized
statement from the owner, or owner’s agent, including the name, address and telephone
number of the property owner or authorized agent, and the type of business and hours of
operation, granting permission for the use of the facilities. If the business owner is a
partnership or corporation, the statement shall include the name, address and telephone
number ofone of the partners or officers.
c)A copy of the notarized statement shall be displayed in the mobile food establishment in
plain view of the public at all times.
169.186Separation and Setbacks
Mobile food vehicles shall be separated from existing buildings and other mobile food vehicles
by a minimum of 12 feet. Mobile food vehicles shall be subject to all current zoning and setback
regulations found in the Denton Development Code (DDC). Mobile food vehicles shall not set up
in fire lanes or parking spaces that are required by the Certificate of Occupancy of an existing
business.
169.197Food Transportation
1)During transportation, food and food utensils shall be kept in covered containers or
completely wrapped or packaged so as to be protected from contamination. Foods in
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original packages do not need to be overwrapped or covered if the original package is
sealed.
2)Foodshall be maintained at required temperatures at all times during transport.
169.2018Closure of a Mobile Food Establishment:
When a mobile food unit is closed by the health officer for critical violations, the health officer
shall post a closed sign andthe inspection report on the unit. When a commissary or warehouse is
closed by a health officer for critical violations, the health officer shall post the inspection report
inside the facility. No person except the health officer shall remove or alter the inspection report
or closed sign.
169.19 Requirements for snow cone vendors and ice cream vendors
a)A snow cone vendor shall be limited to the sale of snow cones and pre-packaged items
only and shall have a:
1)Commercially approved source for ice and syrup;
2)Hand wash sink with hot and cold running water under pressure, liquid soap, and
paper towels;
3)At least a two (2) compartment sink (with hot and cold running water under pressure)
for washing and sanitizing utensils; and,
4)Waste-water holding tank of adequate size for operation or be connected to an
existing sanitary sewer.
b)A snow cone vendor may also be required to meet any and all provisions required for a
food service establishment, which the administrator deems necessary to protect the public
health and safety. This type of establishment maybe a fixedlocation capable of
obtaining a certificate of occupancy.
c)A water heater system capable of producing water of 100º degrees Fahrenheit
interconnected with the potable water supply shall be provided. A minimum of 15
gallons of water must be available.
d)Adequate, conveniently located and accessible toilet and lavatory facilities shall be
available to the snow cone stand at all times. A notarized letter signed by the
owner/operator of the establishment where the facilities are located, must be submitted
with the permit application giving written permission for the snow cone personnel to use
such facilities and that the facilities will be available for use at all times during the food
establishment’s hours of operation. The path of travel to such facilities shall not exceed a
distance of 500 feet.
169.20 Requirements for the sale of ice cream, other frozen desserts or novelties upon a public
street
(a)A person may not sell ice cream, frozen desserts or other novelties from a vehicle
before sunrise or after sunset.
(b) Ice cream, frozen desserts, and other novelty frozen food items shall be individually
wrapped by the manufacturer before being placed in the vehicle from which they are sold
and shall be sold in the original wrapping.
(c) Such frozen items as described in (b) above may be sold from a pushcart.
169.21 All vehicles offering ice cream for sale shall have:
1) An automatic flashing device consisting of two lamps at the front of the vehicle, mounted at
the same level and as widely spaced laterally as possible and displaying simultaneously flashing
amber lights, and two (2) lamps at the rear of the vehicle mounted at the same level and as widely
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spaced laterally as possible and displaying simultaneously flashing amber lights, to be used at all
times while each vehicle is in use for food service or solicitation of sales;
2) Signs in front and real bearing the word “SLOW” in letters not less than six (6) inches high;
and 3) be capable of maintaining a constant temperature for food storage and contain, in a
conspicuous place, a thermometer to allow for verification of temperatures.
Section 229.169(b)(2) is amended by adding the following:
169.212Servicing records to be kept by commissaries
AThe commissary from which a mobile food establishment operates shall issue and maintain
servicing records for each unit in a manner and form prescribed by the health officer. The permit
holder, person in charge, employee, or representative of any commissary shall keep and maintain
servicing records at the commissary for a period of two years from the date of servicing or until
retrieved by the health officer, whichever comes first. Servicing records maintained at athe
commissary shall be immediately available to any peace officer or health officer for inspection
during normal business hours.
169.223Falsification of servicing records
It shall be unlawful for an owner, permit holder, person in charge, employee, or representative of
any commissary to issue a servicing record without first verifying that the mobile food
establishment has complied with all servicing requirements. It shall be unlawful for any owner,
permit holder, person in charge, employee, or representative of any commissary or mobile food
establishment to knowingly present or issue any false, fraudulent, or untruthful servicing record
for the purpose of demonstrating compliance with the requirements of this chapter.
Section 229.169(c)(2) is amended by adding the following:
169.234Servicing operations
1)Potable water-servicing equipment shall be stored and handled in a way that protects the
water and equipment from contamination.
2)Vehicle cleaning and in-place cleaning of nonfood-contact surfaces of equipment not
requiring sanitization shall be done with potable water and shall be done in a manner that
will not contaminate the vehicle’s food storage or food preparation areas of equipment.
If hoses are used in the cleaning process, they shall be food-grade and kept off the floor
or pavement, on racks or by other approved suitable means. All cleaning areas shall be
paved with a smooth surface of nonabsorbent material such as concrete or machine-laid
asphalt, which is sloped to drain toward an approved catch basin or floor drain where the
liquid waste can be lawfully disposed. The use of liquid waste transport vehicles
(otherwise known as vacuum trucks), licensed by the Texas Commission on
Environmental Quality for the removal and disposal of liquid waste resulting from mobile
unit food operations is permitted.
3)Servicing operations may be performed by athecommissary operator or by the mobile
food establishment operator. It shall be the commissary operator’s responsibility to
observe or perform servicing on each mobile food unit and properly complete a servicing
record. It is the responsibility of the mobile food establishment operator to confirm that
the requirements of this section are fulfilled prior to resuming operations.
4)A current copy of each authorization must be maintained on file with the City of Denton
Consumer Health Division and also in plain sight on the vehicle for inspection by the
City of Denton or a peace officer upon request.
169.245Permitting of commissaries as food establishments
A commissary servicing any mobile food establishment may be anapproved and permitted food
establishment at which the mobile food unit is supplied with fresh water, emptied of waste water
(and grease) into a proper waste disposal system, and cleaned, including washing, rinsing and
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sanitizing of those food contact surfaces or items not capable of being immersed in the mobile
food establishment’s utensil-washing sink. The servicing area must be of adequate size and scope
as to accommodate its own operation, as well as those of the mobile food establishment.
1)Compliance with all other applicable rules and operational guidelines as may be
promulgated by the health officer.
2)When the commissary is within another jurisdiction the permit holder shall provide a
copy of the latest inspection of its facility by that regulatory authority.
169.256Warehouse:
1)If only prepackaged goods are sold, a warehouse may be accepted in lieu of a
commissary.
2)Warehouses shall be required to meet only those rules necessary to prevent the
contamination of stored foods, single service articles, utensils and equipment. In general,
warehouses shall be exempt from the rules relating to finished walls, ceilings, or storage
bases, light colored surfaces, restrooms, lavatories and utility facilities, provided foods
are protected from contamination from dust, insects, rodents, flooding, drainage, or other
contaminants.
3)Handling of unpackaged foods, dishwashing and ice making are prohibited in a
warehouse.
169.267A mobile food preparation facility shall not:
1)Stop at any location, unless the stop is for less than one hour, to sell or serve food during
any time other than the dates and times specified in the current itinerary on file with the
Consumer Health Division for the mobile food preparation vehicle.
2)Serve as a commissary for another mobile food unit or as the base of operation for a
caterer
3)Apply for variances of food processing
4)Use leftover foods. All PHF/TCS foods shall be served or discarded at the end of each
business day
5)Use time as a public health control. All PHF/TCS foods shall be controlled by
mechanical means
6)Park on an unimproved surface such as grass or dirt without written approval from the
CityManager or his designee, unless selling for less than one hour at or on a site
immediately adjacent to property that is currently under construction.that is currently
under construction or where there is significant construction activity..
6)7)Park at a residence.
7)8)Be permitted to be washed-out at the location of an existing food establishment.
All interior washing shall be at an approved commissary. Only exterior washing of the
mobile food vehicle may be done at a commercially operated carwash. Grease or
wastewater shall not be dumped or drained at a carwash.
8)9)Leave a location of operation until the area of operation is free from trash or
nuisance caused by the mobile food vehicle business, its employees, or its customers.
169.278Inspection Procedures
1)Critical violations shall result in the immediate closure of a mobile food unit, commissary
or warehouse if the City of Denton Consumer Health officer determines that an imminent
danger to the public health exists, and that the violation cannot be corrected immediately
or an approved alternative procedure has not been implemented. Also refer to section
171.22.
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2)For violations not resulting in closure, the corrections shall be made and approval shall be
given by a City Health officer before reopening for business.
169.28Requirements for snow cone vendors and ice cream vendors
a)A snow cone vendor shall be limited to the sale of snow cones and pre-packaged items
only and shall have a:
1)Commercially approved source for ice and syrup;
2)Hand wash sink with hot and cold running water under pressure, liquid soap, and
paper towels;
3)At least a two (2) compartment sink (with hot and cold running water under pressure)
for washing and sanitizing utensils; and,
4)Waste-water holding tank of adequate size for operation or be connected to an
existing sanitary sewer.
b)A snow cone vendor may also be required to meet any and all provisions required for a
food service establishment, which the administrator deems necessary to protect the public
health and safety. This type of establishment may be a fixedlocation capable of
obtaining a certificate of occupancy.
c)A water heater system capable of producing water of 100º degrees Fahrenheit
interconnected with the potable water supply shall be provided. A minimum of 15
gallons of water must be available.
d)Adequate, conveniently located and accessible toilet and lavatory facilities shall be
available to the snow cone stand at all times. A notarized letter signed by the
owner/operator of the establishment where the facilities are located, must be submitted
with the permit application giving written permission for the snow cone personnel to use
such facilities and that the facilities will be available for use at all times during the food
establishment’s hours of operation. The path of travel to such facilities shall not exceed a
distance of 500 feet.
169.29Requirements for the sale of ice cream, other frozen desserts or novelties upon a public
street
(a)A person may not sell ice cream, frozen desserts or other novelties from a vehicle
before sunrise or after sunset.
(b) Ice cream, frozen desserts, and other novelty frozen food items shall be individually
wrapped by the manufacturer before being placed in the vehicle from which they are sold
and shall be sold in the original wrapping.
(c) Such frozen items as described in (b) above may be sold from a pushcart.
169.30All vehicles offering ice cream for sale shall have:
1) An automatic flashing device consisting of two lamps at the front of the vehicle, mounted at
the same level and as widely spaced laterally as possible and displaying simultaneously flashing
amber lights, and two (2) lamps at the rear of the vehicle mounted at the same level and as widely
spaced laterally as possible and displaying simultaneously flashing amber lights, to be used at all
times while each vehicle is in use for food service or solicitation of sales;
2) Signs in front and real bearing the word “SLOW” in letters not less than six (6) inches high;
and 3) be capable of maintaining a constant temperature for food storage and contain, in a
conspicuous place, a thermometer to allow for verification of temperatures.
Section 229.170(a) is amended by adding the following:
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170.1 The term temporary food service establishment shall not include concession stands, which
operate at a fixed location in conjunction with scheduled, community-based sporting or
recreational events provided that the preparation and serving of potentially hazardous foods shall
be restricted to only those pre-cooked, pre-packaged potentially hazardous food products that
have been properly prepared in accordance with all Department of State Health Services and local
requirements and are properly stored, handled, and served in the unopened, original package from
said concession stands. In such instances where open potentially hazardous foods are prepared on
site from a concession stand, these shall be evaluated on a case-by-case basis and a determination
shall be made as to requirements.
a)A temporary food service establishment that does not comply with other requirements of
this chapter or other city ordinances applicable to food service establishments is
permitted if:
1)The health officer finds that the operation will not result in a health or safety hazard
or a nuisance;
2)The operation is limited to a single, fixed location, which may include one or more
facilities at the location;
3)The operation is either:
a.Limited to a time of not more than fourteen (14) consecutive calendar days;
b.Operating under a city park and recreation department that has been
approved by the city; and
c.The food service establishment complies with the other requirements of this
section.
b)An application and non-refundable fees for a temporary event permit (per food booth)
shall be submitted at least two (2) working days prior to the event, or five (5) days prior
to the event if ten (10) or more booths are permitted for the same event. The application
shall include the time the booth will be setup and ready for inspection.
c)If an application is not submitted by the deadline in (b) above, the acceptance of the
application will be at the discretion of the health officer, and an administrative fee will be
charged.
d)All requirements of the food booth must be in place before a permit will be issued.
e)A temporary event permit will be required if there is open food (e.g. offering samples)
available.
f)Food manufacturers must submit a copy of the state manufacturer license with their
application.
g)Permits for temporary food service establishments that are not operating in conjunction
with a City sponsored special eventor community based eventshall be limited to six (6)
permits per year per establishment.
h)A foodservice establishment with a current annual health permit will be required to
obtain a temporary event permit if the event is at a location outside their permitted
premises.
i)A temporary food service establishment shall not:
1)Prepare, serve, sell or distribute any food not approved in advance by the health
officer. This prohibits the storage and preparation of food from a private residence.
Any slicing, dicing or cutting of potentially hazardous foods must be done in a
commercial kitchen and brought to the event under proper temperature control; this
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includes raw hamburger meat that must be brought in as commercially prepared
frozen patties. No “gyro” type meat cookers are allowed.
2)Prepare potentially hazardous food; except, that the establishment may prepare
potentially hazardous food that is approved in advance by the health officer and does
not require substantial preparation prior to consumption (including, but not limited to,
a hamburger or frankfurter) or may prepare potentially hazardous food that is
obtained by the establishment in individual servings;
Section 229.170(b) is amended by adding the following:
170.2 Potentially hazardous food products shall be held in mechanical refrigeration that is
maintained at 41º degrees or less. Frozen products may be stored in ice only if approved in
advance bythe regulatory authority and the duration of the event and items offered for sale is
limited, typically less than four (4) hours in duration. Potentially hazardous food products shall be
held in mechanical hot or cold holding equipment if the event is more than four (4) hours in
duration. All foods are to be kept properly protected during storage, preparation, and service; this
will include grill covers or lids to prevent contamination from overhead.
Section 229.170(d)(3) is amended by adding the following:
170.3 Small “crock-pots” may be used to properly store food utensils in water 135 º F degrees or
hotter; or utensils may be stored in running water dipper wells.
170.4 “Sterno” heating units are not allowed for use at outdoor events to hold foods hot.
Section 229.170(d)(4) is amended by adding the following:
170.5 Bare hand contact with ready-to eat foods is prohibited. Single-use gloves must be worn
over cleaned hands.
170.6 Animals are prohibited from being within the interior limits of a temporary food
establishment.
Section 229.170(h) is amended by adding the following:
170.7 A temporary food service establishment shall comply with liquid waste disposal
ordinances, solid waste disposal ordinances and fire codes.
Section 229.170(k)(3) is amended by adding the following:
170.8 A temporary food service establishment shall comply with these Texas Food Rules and any
other requirement that the administrator determines is necessary to protect the public health or
safety and imposes as a condition to the lawful operation of the establishment.
170.9 Food-handler cards required: Food safety training is required for all temporary food
establishment workers. Food service workers may obtain a food-handler card through a class
offered through the City of Denton Consumer Health Division’s normal schedule of classes or an
approved on-line course. Depending on the duration of the event and the extent of the food
service being offered, the Consumer Health Division may mandate a Food Manager’s
Certification for a minimum of one or maximum of all personnel during the event.
170.10 Catering operations.
a)All catering operations based in the City of Denton shall comply with all state rules, laws,
and local ordinances. A person shall not engage in a catering operation unless the service
is affiliated with a food service establishment operating from a fixed facility that is
permitted by the appropriate health authority.
b)The base of operations for a catering operation shall be physically separate from a
residential home and shall be a permanent, fixed location.
c)The health officer may inspect a catering operation at any time.
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170.11 The health officer may request copies of the health permit issued to the caterer from the
regulatory authority having jurisdiction where the food is prepared or packaged.
170.11 FARMER’S MARKET
a)Management and Personnel
Responsibility, assignment. The permit holder shall be the person in charge or shall
designate a person in charge and shall ensure that a person in charge is present at the
market during hours of operation. Where it is allowed, food vendors that offer, sell, or
distribute food that is potentially hazardous or that offer samples of food; shall have a
person in charge that can show proof of successful completion of a Texas Department of
State Health Services approved Certified Food Managers Course. Food vendors that
offer, sell, or distribute only prepackaged foods, non-potentially hazardous foods or
beverages or temporary food vendors in conjunction with a special event at such location
are exempt from the food manager certification course requirement. Proof of successful
completion of a certified food manager course may be required of food vendors having
exemptions if judged by the regulatory authority to be capable of causing food-borne
illness or may be an increased public health risk.
b)Food
1)Preventing contamination:
a.Food Display. Except for plants, nuts in the shell and whole, raw fruits
and vegetables that are intended for hulling, peeling or washing by the
consumer before consumption, food on display shall be protected from
contamination by the use of packaging, counter, service line, or salad bar
food guards that comply with NSF standards, completely enclosed
display cases; or other means approve by the Regulatory Authority.
Letters may be required from the fabricator or installer of such food
guards stating compliance with NSF standards if visual compliance is not
evident through the use of labels or listings posted directly on the food
guard by the authority approved to affix such label or listing.
b.Except for plants, nuts in the shell and whole, raw fruits and vegetables
that are intended for hulling, peeling or washing by the consumer before
consumption, food that is not completely packaged must be located
under a cover, tent or other covering approved by the Regulatory
Authority and remain under the covered protection for the duration of the
operating period.
2)Approved Source. Only food from an approved source may be offered at a
Farmer’s Market or Food Market under these rules. Foraged foods are not
considered to be from an approved source. Food prepared in a private home, a
Cottage food production operation or from an unlicensed food manufacturer or
wholesaler is considered to be from an unapproved source and may not be used
oroffered for sale in Farmer’s Markets or Food Market as defined in this rule.
Food from a kitchen regulated by a local regulatory authority and proof of such is
presented shall be considered from an approved source.
3)Meat, non-poultry.
a.Meat such as game animals, ratites or equine meats (as defined in TFER)
may not be sold.
b.Whole muscle meat shall be stored frozen and held under refrigeration
capable of maintaining the meat in a hard, frozen state. Meat shall be
packaged ready to offer or sell. Separating, cutting or otherwise
removing meat from an intact package is prohibited.
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c.Meat shall be produced, stored, labeled in compliance with U.S.
Department of Agriculture rules and regulations. Proof of license or
exemption shall be provided to the Regulatory Authority at time of
application.
4)Poultry.
a.Poultry is defined as allowed by TFER, as amended.
b.Poultry shall be stored frozen and held under refrigeration capable of
maintaining the meat in a hard, frozen state. Poultry shall be packaged in
form ready to offer or sell. Separating, cutting or otherwise removing
poultry from intact packaging is prohibited.
c.Poultry shall be produced, stored and labeled in compliance with U.S.
Department of Agriculture rules and regulations. Proof of license or
exemption shallbe provided to the Regulatory Authority at time of
application.
5)Seafood, prohibition. Sale of seafood is prohibited at a Farmer’s Market
6)Sampling: Allowed onlywhere expressly approved by the Regulatory Authority.
Where allowed, sampling shall comply with all of the following:
a.Non-PHF/TCS foods shall be offered to the consumer in individual
servings or bites and shall not be made available for self service.
Portioning foods on site is prohibited. Portions shall be completely
enclosed until given to the consumer or shall be unpackaged by the
consumer.
b.Only single-service articles may be given to the consumer for use.
c.PHF/TCS foods shall be maintained at proper temperatures according to
TFER (41 degrees or colder; 135 degrees or hotter). Meats shall be
frozen and remain frozen until sold to the consumer
d.Where PHF/TCS foods are stored on ice, dry ice, or other items intended
for use to cool or freeze foods, a thermometer shall be present in the
container holding such foods. The thermometer must show evidence of
proper temperatures in which to maintain the food item in compliance
with TFER. If at any time, food stored in this manner is not at proper
temperatures, the Regulatory Authority shall dispose of the food,
whether voluntarily or involuntarily, if it cannot be determined if it is
safe to sell or offer for sale.
e.Time as a public health control may not be used as the sole means for
holding PHF/TCS foods safely
f.Ice shall be readily drained and water or melting ice shall not come into
contact with storedfood.
g.Foods cut or constituted on site such as soups, dips, relish, condiments
and sauces shall be maintained at or below 41 degrees Fahrenheit and
process must comply with the Equipment and Utensils section of these
rules.
h.Digital thermometer accurate to+/-2 degrees Fahrenheit shall be on site
for use by the vendor. One thermometer shall be provided for each piece
of equipment used to hold proper PHF/TCS temperatures.
7)Animals, prohibition.
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a.Animals may not be offered for sale, or given away at a Farmer’s
Market.
b.Other than service animals that are conspicuously and properly
identified, animals accompanying their owner, where allowed, shall be in
a carrier or on a leash and under direct physical control of the owner.
Animals may not be allowed within 10 feet of a food booth.
c)Equipment and Utensils
1)Functionality of equipment.
a.Except for a municipally owned Farmer’s Market, equipment used to
keep foods under this ordinance frozen or refrigerated shall comply with
TFER and be able to maintain required temperatures for the duration of
operations. Municipally owned Farmer’s Markets shall have mechanical
temperature controlled equipment capable of maintaining proper food
temperatures as required in TFER. Mechanical food equipment shall
obtain approval from the Regulatory Authority for use.
b.Tables used within the vending area shall be made of non-porous
material and be easily cleanable.
c.Utensils used, only when approved for sampling, shall be made of non-
wood material and disposable unless compliance for cleaning and
sanitizing under Section 229.165 of TFER, or as amended, is provided
and approved by the Regulatory Authority for use onsite.
2)Equipment numbers and capacities.
a.At least one (1) hand wash sink or facility complying with the
Temporary Food Establishment requirements in TFER (Section 229.170)
shall be located within the immediate selling area of each food vendor
approved to sample foods and available to each vendor where required
by the Regulatory Authority.
b.Manual ware-washing sink requirements. At least one (1) sink with at
least three (3) compartments shall be provided for manually washing,
rinsing, and sanitizing equipment and utensils for vendors that are
approved to sample.
c.Alternative manual ware-washing equipment may be used only by
vendors when approved by the regulatory authority. Such written
approval shall be evident and conspicuous on the permit placard issued
to the vendor.
d)Water, Plumbing, and Waste
1)Where a hand sink is required, this hand sink shall be a portable hand sink
capable of producing hot water, having a portable tanked water source and
having a waste tank at least 2/3 size greater than potable source water tank. Hot
generation and distribution systems shall be sufficient to meet the peak hot water
demands throughout the operation. If approved by the regulatory authority, other
means of hand washing may be used.
2)Where manual ware-washing is required using a hard –plumbed system, a
licensed Plumbing inspector shall inspect the work prior to use. Backflow
devices may be required.
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3)Trash receptacles shall be available and shall be non-porous. Efforts shall be
made to dispose of trash offsite in a timely manner so as not to encourage pests.
e)Physical Facilities
1)Floor construction. Floors and floor coverings of all vending areas shall meet the
requirements found in the TFER or be approved by the health officer.
2)Vending area shall be covered and protected to minimize presence of pests.
f)Plan Review
1)Farmer’s Marketvendor application shall be submitted by each food vendor.
2)The plans andspecifications shall indicate the following (whether existing or
not):
a.Proposed layout drawn from a “bird’s-eye view” showing equipment
arrangement and schedule including type and model and grease/waste
storage receptacle location,
b.Manufacturer’s specifications sheets of all equipment
c.List of all food items offered or vended, listing separately foods proposed
to be sampled.
d.Proof of food origin, copy of manufacturer’s license, copy of storage
license or description of approved source where food items willbe
obtained from; and copy of approved food labels.
g)Administrative Process
1)All work must be inspected by the regulatory authority for compliance with these
rules. After compliance with these rules is deemed to be met, a Food Vendor
Permit may be approved.
2)Failure to follow the approved plans and specifications will result in a permit
denial, suspension or revocation.
3)A notice, as required by this ordinance, is properly served when it is delivered to
the holder of the permit or the person in charge, or when it is sent by registered or
certified mail, return receipt requested, to the last known address of the holder of
the permit. A copy of the notice shall be on file in the records of the regulatory
authority.
4)The hearings provided by the HaBSCo shall be conducted by them at a time and
place designated by HaBSCo. Based on the recorded evidence of such hearing,
the regulatory authority shall make final findings, and shall sustain, modify or
rescind any notice or order considered in the hearing. A written report of the
hearing decision shall be furnished to the holder of the permit by the regulatory
authority.
5)Condemnation of adulterated products or on site destruction. Food found to be
adulterated shall be condemned and, if no appeal be taken from such
determination of condemnation, such articles shall be destroyed for human food
purposes under the supervision of an inspector.
6)All appeals from final suspension or revocation of a Food Vendor Permit shall be
made in writing to the building official or his designee. The appeal shall be filed
in writing within ten (10) days of the occurrence of the suspension or revocation.
The Consumer Health director (or his designee) shall attempt to hear the appeal
within thirty (30) days after the notice of the appeal. The Consumer Health
director shall have the power to reverse a decision of the regulatory authority
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where he finds that such a reversal will not affect the health and/or welfare of the
public. All decisions of the Consumer Health Director or his designee shall be
subject to review by the City Council at one of its regularly scheduled meetings.
The decision of the Consumer Health Director or his designee will be final unless
reversed by the City Council.
Section 229.171(b)(2) is amended by adding the following:
171.1 Plans
a)The owner shall submit plans and specifications for construction of work areas intended
for use in the operation of a food establishment, and the location, size, and type of fixed
equipment and interior finishes of such areas to the City of Denton for approval, before
work is begun, when a food service establishment is constructed, or:
1)The nature of the operation changes;
2)The establishment is extensively remodeled;
3)When an existing structure is converted for use as a food service establishment;
or
4)When the menu is changed to include more, or different menu items.
b)In a food service establishment, the food preparation area shall be of adequate size and
shall constitute a minimum of twenty-five (25) percent of the total square footage of the
occupied permitted area or the minimum size deemed necessary by the Consumer Health
Division.
c)In a food service establishment, dry storage areas shall be of adequate size and shall
constitute a minimum of fifteen (15) percent of the total square footage of the food
preparation area. At the discretion of the Consumer Health Division, additional dry
storage may be required.
d)A menu must be submitted with all plans. If changes are made to the menu at a later
time, the changes must be submitted for approval by the Consumer Health Division.
e)All plans submitted shall include information on the following specifications:
1)Aisles and working spaces:Shall be unobstructed and of sufficient width to permit
employees to readily perform their duties without contaminating food or food contact
surfaces by clothing or personal contact.Minimum width of aisles shall be thirty-six
(36) inches.
2)Auxiliary equipment: Water heaters, washing machines, dryers, remote connected
refrigerators, compressors, and air conditioners must be located outside of food
preparation areas.
3)Equipment and utensils: All equipment is to be NSF (National Safety Foundation)
approved or commercial grade.
4)Floors:In food preparation areas, storage areas, utensil washing areas, restrooms,
and dressing rooms, floors shall be constructed of smooth, durable, easily cleanable,
non-absorbent materials of commercial grade. Flooring must be light colored,
without texture or patterns that create difficult places to clean. In addition to the
kitchen areas of day care centers, floors in food service areas of classrooms shall
meet these requirements.
The health officer shall establish approved floor surfaces in food preparation areas
based upon the degree of preparation expected. Food establishments involved in
heavy food preparation shall incorporate quarry tile, cement-based terrazzo tile or an
equivalent floor covering as approved by the health officer. Food establishments
involved in light food preparation shall incorporate a commercial grade sheet vinyl or
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equivalent floor covering as approved by the health officer. Establishments involved
in no food preparation shall incorporate sealed concrete, vinyl asbestos tile or an
equivalent floor covering as approved by the health officer. An approved sealer
(such as rubber cove base) shall be required at the floor/wall interface. If using
ceramic tile squares in the food preparation area, the minimum size of tiles shall be
12” x 12” (twelve by twelve inches).
5)Ice machines:Are to be of adequate size and located in areas that meet the wall,
floor and ceiling design standards for food preparation areas. Do not locate an ice
machine near sources of potential contamination, such as exposed sewer lines, open
stairwells, etc.
6)Refrigerators/freezers:Each mechanical refrigeration unit storing potentially
hazardous foods must be of commercial type (even in day care center rooms) and
each unit must have a numerically scaled indicating thermometer. All such units
must hold foods at 41º degrees Fahrenheit or colder. Freezers must hold frozen foods
at a temperature of zero (0) º degrees Fahrenheit or colder. Walk-in coolers must be
commercially built and have interiors of impervious, non-absorbent materials.
Shelves must be resistant to rust. Mechanical refrigeration is required on salad bars,
etc. for holding cold foods cold; holding foods in ice will not be acceptable.
The processing and packaging of meat and poultry shall be conducted in a
refrigerated room:
a)Where the temperature is kept at 50º degrees F or less; or
b)Which, along with processing equipment, undergoes a mid-shift cleanup after
4 (four) hours of operation.
7)Sinks:
a)Shall be the number required by law. Stainless steel hand sinks shall be
located within every twenty-five (25) linear feet of unobstructed space in
food preparation and utensil washing areas so it is convenient for employees
to wash hands as often as necessary. Hand-wash sinks shall be freestanding
or wall hung. If a sink is too close to other equipment or sinks, a splashguard
may be required.Sinks are to be of adequate size to allow for the thorough
washing of hands and forearms. Liquid soap and paper towels are required at
the hand sink and lotion hand sanitizer is required if gloves are not used.
Lavatories, soap dispensers, hand-drying devices and all related fixtures shall
be permanently mounted and kept clean and in good repair.
b)A three (3) compartment sink that has basins large enough to allow
immersion of the largest utensil and two (2) self draining drain-boards shall
be required formanually washing, rinsing and sanitizing equipment and
utensils.
c)A stainless steel, four (4) compartment sink with two (2) self-draining drain-
boards shall be installed in all bar areas. This requirement may be modified
if glassware is sanitized in a commercial dishwasher.
i.Knee pedals, electronic eye and metered faucets are not allowed
in kitchen hand sinks but are allowable in public restrooms.
ii.Blower dryers shall not be allowed as a means of drying hands in
food preparation or dish wash areas. Common towels are also
prohibited. Steam-mixing valves are prohibited.
Page 24 of 34
iii.All dishwashing equipment shall be located in one area to
prevent any cross contamination from soiled to clean dish
storage or food preparation.
8)Storage rooms:Wood shelving is allowed for dry storage use only if finished with
varnish or high gloss type paint to make sure it is smooth, non-absorbent, and easy to
clean. Rooms are to have finished walls (minimum finish includes: taped and bedded
sheetrock painted with high gloss paint) and commercial flooring with rubber cove
base at floor/wall juncture. Dry storage rooms may contain refrigerators or freezers
not requiring drains to the sewer for condensate removal.
9)Wait areas: If remote from food preparation or service areas, and used only for non-
potentially hazardous beverage preparation, wait areas shall comply with the
following requirements:
a)Flooring shall be VCT or equivalent as approved by the Consumer Health
Division
b)Counters shall be laminate surface, solid surface, or equivalent
c)Shelving below countertops shall be sealed, smooth, and easily cleanable
10)Toilet facilities:Public access shall not be through the kitchen.
11)Walls & ceilings:
a)In food preparation, storage, utensil washing areas, and restrooms; walls,
ceilings, and other architectural features shall be smooth (not textured),
easily cleanable, non-absorbent, light in color, and durable. Fibrous
acoustical drop-in ceiling panels are prohibited in these areas. Wall areas
behind sinks or places that receive heavy use must be finished with FRP
(fiberglass reinforced panels), ceramic tile, epoxy type paint or similar
materials to withstand moisture. Bathroom walls shall be finished (as those
listed above) behind plumbing fixtures to a height of at least four (4) feet up
from the floor. Heavy food preparation areas behind stoves, grills, and fryers
shall be of stainless steel from floor to ceiling.
b)Surface mounted pipes shall not be installed tightly against the surface of the
walls. There shall be a gap of at least two (2) inches between the pipe and
the finished surface of the wall.
c)All holes cut into walls and ceilings for pipes and conduits shall be sealed,
and the clearance between the floor surface and the bottom edge of a door
shall be tight fitting.
12)Water heater:Must be ofadequate size to provide enough hot water for all hand
washing, ware washing, and cleaning. Minimum size: fifty (50) gallons. Commercial
tank-less water heaters may be used.
13)At the discretion of the City of Denton, additional sinks such as pot sinks, produce
washing sinks, etc. may be required.
14)Kitchens in day care centers shall comply with all rules of this code except that the
size of the kitchen may be determined on a case-by-case basis as approved by the
City of Denton.
15)When a foodservice establishment is extensively remodeled it must be closed during
any demolition especially if water or power service is interrupted. If remodeling
pertains to only a portion of the establishment, the food preparation areas shall be
protected by a solid wall that prevents any construction debris or other contaminates
from entering the kitchen or food service areas.
Page 25 of 34
Section 229.171(f) is amended by adding the following:
171.2 Permit required.
a)It shall be unlawful for any person, association of persons, firm or corporation to operate
a food service establishment in the city without having obtained a permit under the terms
of this section.
b)Any person desiring to operate a food service establishment shall make written
application for a permit at the office of the consumer health division. The application
shall include the applicant's full name, street and post office address, and whether such
applicant is an individual, firm, or corporation, and, if a partnership, the names of the
partners, together with their addresses shall be included; the location and type of the
proposed establishment; and the signature of the applicant or applicants. If the application
is for a temporary or seasonal food service establishment, it shall also include the
inclusive dates of the proposed operation.
171.3 Application fee.
a)The applicant shall submit the applicable nonrefundable fee as set forth by city council by
ordinance, and the schedule of fees shall be available for public inspection at the offices
of the city secretary or the health officer. Notwithstanding any other provision of this
chapter the payment of any fees set under this section is not applicable to the City of
Denton or any political subdivision or agency of the State of Texas and the United States
of America.
b)Application fees for seasonal food service establishments shall be the same as those for
any other similar full time food service establishment.
c)An applicant shall not, under any circumstances, be entitled to a refund of application
fees after an application has been filed.
d)Fee Exemptions
1)Food vendors operated by a public entity, such as D.I.S.D., university, community
college, or the City, may be exempt from paying the Food Vendor fee, if approved by
the regulatory authority.
2)A food vendor that is not permanently permittedby the regulatory authority, but that
is a recognized charitable or philanthropic organization, or that has attained 501(c)
(3) status from the Internal Revenue Service, may be exempt from paying the
temporary food establishment fee for a permit for a temporary event, if approved by
the regulatory authority.
3)Fee exemptions granted do not exempt any food establishment from the requirement
of applying for, obtaining, and displaying a food vendor permit or from complying
with the provisions of this section orany other applicable law.
Permits are not transferable from one person to another or from one location to another
location. A valid permit must be posted in or on every food establishment regulated by
this ordinance, in a location conspicuous to the consumer.
171.4 Permit issuance.
a)Upon receipt of an application and payment of the applicable fee, the health officer shall
make an inspection of the premises where the business is to be conducted. If the premises
comply with the terms of this article and withall current requirements of the zoning
ordinance, other ordinances and state law, a permit shall be issued to the applicant upon
payment of the permit fee. The applicable fees shall be set by city council by ordinance
and the fee schedule shall be available for public inspection at the offices of the city
secretary or the health officer. The applicant shall submit the applicable nonrefundable
fee as set forth by city council before a permit will be issued.
Page 26 of 34
b)Notwithstanding any other provision of this chapter, the payment of any fees set under
this section is not applicable to the City of Denton or any political subdivision or agency
of the State of Texas and the United States of America.
1)In the event a food permit application is rejected, the administrator shall notify the
applicant of the rejection in writing. The notice shall specify the reasons why the
permit is denied. The decision of the administrator is final unless the applicant shall
file an appeal as provided in Section 13-34. The decision of the administrator shall
continue in effect until the final decision of the committee.
2)Permits shall not be transferable. A person who acquires an existing food service
establishment shall not operate the establishment without obtaining a new permit
within ten (10) days from the date of the change of ownership.
3)Upon change of ownership of a business, the new owner shall be required to meet
current food establishment standards as defined in this code and state food rules
before a permit may be issued by the ConsumerHealth Division.
4)If the establishment changes the name of the business only, they have 10 days from
the date of the name change to notify the Consumer Health Division in writing.
5)Each food service establishment shall display all valid health permits in public view
in the establishment.
a)A permit shall be valid for a period of twelve (12) months with the expiration
date being the last day of the month the permit was issued; temporary, and
seasonal permits shall expire in accordance with their terms, unless suspended or
revoked by the health officer.
b)Acceptance of a permit issued by the administrator constitutes agreement by the
establishment to:
1)Comply with all conditions of the permit and all applicable provisions of this
chapter;
2)Allow the lawful inspection of its facility and operations.
3)Inspections of newly constructed establishments prior to opening shall be
done:
i.when equipment is set in place;
ii.at least 2 weeks prior to opening; and
iii.At least 2 days prior to opening.
171.5 If inspections are called for before the establishment is ready for them, the owner may
be charged an administrative fee.
171.6 Expiration and renewal of permits.
a)A permit lapses and is void unless the applicable permit fee is received by the City of
Denton before the expiration date of the existing permit.
b)A permit lapses and is void if the food service establishment operating under the permit
constructs a new facility or changes ownership.
c)Permit renewal fees that are not received by the expiration date, will be assessed an
additionaladministrative fee.
171.7 Revocation of permit.
The consumer health administrator may, afterproviding opportunity for a hearing, revoke a
permit if the administrator determines that the manager or owner of a food service
establishment has:
Page 27 of 34
a)Interfered with the health officer in the performance of his duties; or
b)Been convicted twice within a twelve-month period for a violation of this chapter; or
c)Failed to comply with a hold order or a condemnation order; or
d)Failed to comply, within the time specified, withan order to correct or abate an imminent
and serious threat to the public health or safety; or
e)Intentionally or knowingly impeded a lawful inspection by the health officer; or
f)Been closed two (2) or more times within a twelve-month period for conditions that
constituted a serious and imminent threat to public health.
171.8 Prior to revocation, the health officer shall notify the holder of the permit, or the person
in charge of the food service establishment, in writing, of the reason for which the permit is
being revoked and that the permit shall be revoked at the end of five (5) days following
service of such notice unless a written request for a hearing is filed with the city by the holder
of the permit within such five-day period. If no request for hearing is filed within the five (5)
calendar day period, a final notice of revocation shall be served. Upon receipt of the final
notice of revocation, the food service establishment shall immediately cease operation and the
permit shall be considered finally revoked.
171.8 Application after revocation.
Whenever a revocation of a permit has become final, the holder of the revoked permit may make
written application for a new permit.
171.9 Service of notices.
A notice provided for in this article is properly served when it is delivered to the holder of the
permit, or the person in charge of the food service establishment, or when it is sent by registered
or certified mail, return receipt requested, to the last known address of the holder of the permit. A
copy of the notice shall be filed in the records of the city secretary.
171.10 Appeal from denial or revocation of a permit.
If the health officer denies the issuance of a permit or a permit is finally revoked, the officer shall
send the applicant or permit holder by certified mail, return receipt requested, written notice of
the denial or revocation and of the right to an appeal. The applicant or permit holder may appeal
the decision of the health officer to the Health and Building Standards Commission –(HaBSCo)
by giving written notice to the administrator within ten (10) days of the receipt of the denial or
revocation notice.
171.11 Hearing.
A hearing of the appeal shall be conducted by the Health and Building Standards Commission.
The hearing shall be held at a time and place designated by the Health and Building Standards
Commission. The Health and Building Standards Commission shall hear and consider evidence
offered by any interested person. Based upon the recorded evidence of such hearing, the Health
and Building Standards Commission shall sustain, modify or rescind any notice, or order,
considered in the hearing by a majority vote and provide a written report of the hearing decision
to the holder of the permit.
The decision of the Health and Building Standards Commission is final as to administrative
remedies, and no rehearing may be granted. Once the decision of the Health and Building
Standards Commission is final under this section, the applicant or permit holder may appeal the
decision to the state district court or court of appropriate jurisdiction.
171.12 Registration of food service establishments based outside city.
Page 28 of 34
A food service establishment or commissary operating from a facility located outside the city that
sells, distributes or transports food inside the city may not conduct operations inside the city
unless the food service establishment:
a)Furnishes the health officer with a certificate from a health authority having jurisdiction
over the establishment indicating that the establishment complies with applicable health
laws; or
b)Furnishes the health officer other information that the administrator determines is
necessary to enforce the provisions of this chapter or otherwise protect the public health
or safety.
Section 229.171(g)(6) is amended by adding the following:
171.13 Authority to inspect.
a)The health officer may inspect any and all things offered for sale, given in exchange or
given away for use as food or drink for human consumption, and he/she shall have the
authority to enter any food serviceestablishment in the city, as authorized by law for the
purpose of such inspection.
b)The Consumer Health Division will conduct risk-based inspections and where the risk of
food-borne illness is low, the Consumer Health Division, at its discretion, may lower the
number of required inspections performed to a minimum of one each year. However, if
the Consumer Health Division feels that a food service establishment poses a higher risk
of food-borne illness, the Consumer Health Division shall conduct inspectionsas often as
necessary to ensure enforcement of these rules.
171.14 Power to examine food service establishment records.
a)The health officer shall have the authority to examine the records of a food service
establishment in order to ensure compliance with all provisions of this ordinance or of
state law.
b)The health officer shall have the authority to require written documentation of cool down
methods used and reheating times in order to verify compliance with food temperature
items on the foodservice establishment inspection form.
Section 229.171(i)(2) is amended by adding the following:
171.15 The city health officer, after proper identification, shall be permitted to enter any food
service establishment at any reasonable time for the purpose of making inspections to determine
compliance with these rules. The officer shall be permitted to examine the records of the
establishment to obtain information pertaining to food and supplies purchased, received, or used,
or to persons employed.
171.16 The following types of establishments are exempt from inspection requirements:
a)Group homes;
b)Establishments selling only commercially packaged, non-potentially hazardous foods;
c)Vending machines that sells only commercially packaged, Non-PHF; and
d)Facilities operated by nonprofit organizations for their members, families and invited
guests.
171.17 Facilities are not exempt when food service is provided in conjunction with a child care
facility, retirement center, hospital, school, indigent feeding program, or public fundraising
events.
Section 229.171(j) is amended by adding the following:
171.18 Report of inspections.
Page 29 of 34
Whenever an inspection of a foodserviceestablishment is done, the health officer shall record the
findings on the inspection report form. The inspection report form shall summarize the
requirements of these rules and shall set forth a weighted point value for each requirement.
Inspection remarks shall be written to reference, by section number, the section violated and shall
state the correction to be made. The rating score of the establishment shall be the total of the
weighted point values for all violations, subtracted from one hundred (100). The health officer
shall furnish a copy of the inspection report form to the person in charge of the establishment at
the conclusion of the inspection.
Section 229.171(j)(6) is amended by adding the following:
171.19 Re-inspection.
a)Any food service establishment inspected by the City of Denton Consumer Health
Division which receives a score of seventy-five (75) or below onany inspection shall be
re-inspected.
b)This re-inspection shall be performed in the same manner, using the same form, as the
previous inspection.
c)If, upon subsequent re-inspection of the establishment, the health officer finds that
sufficient measures werenot taken to bring the score above a total of seventy-five (75),
he will issue a citation and schedule a date for another re-inspection. The health officer
shall continue to perform re-inspections until the establishment has made sufficient
progress to warrant a score above seventy-five (75). The issuance of a citation for failure
to meet the required score upon re-inspection shall not in any way limit the ability of the
inspector to issue any other citation for any violation of this chapter.
d)Re-inspectionfor failure to meet the required score shall be performed within fourteen
(14) calendar days immediately following the original inspection, or as soon as possible
thereafter, except that where an establishment is closed due to a score below sixty (60),
pursuant to section 13-44, the original inspector shall determine the time of the re-
inspection.
e)Any food service establishment owner or manager that receives a score which he feels is
unacceptable, may request a re-inspection. A re-inspection fee shall be required and shall
be paid before the re-inspection will be performed. The health inspector shall perform
the requested re-inspection within two weeks of the re-inspection fee payment. Only one
re-inspection may be requested within any six (6) month period.
171.20 Fee for re-inspection.
a)The fee for re-inspection shall be one-half the annual permit fee of the establishment
receiving the re-inspection.
b)A re-inspection fee will be charged for each re-inspection necessary to bring the food
establishment'sscore above seventy-five (75).
c)Payment of the re-inspection fee shall not void, or in any way affect the responsibility of
the owner or permit holder for payment of any fines for any other violations of this
chapter.
d)The person, partnership, or corporation listed as "owner" on the original application shall
be responsible for payment of any and all fees, including re-inspection fees.
e)Payment of the re-inspection fee shall be made within 5 business days after the before a
re-inspection iswill beperformed.
171.21 Violations.
Page 30 of 34
a)The BuildingOfficial of the City of Denton, or any of his designated employees, shall
have the responsibility and power to enforce all provisions of this chapter within the
corporate limits of the City of Denton, Texas.
b)Whenever the health officer determines that there has been a violation of any provision of
this chapter, which in his/her judgment can jeopardize the public health, or for violation
of any items, which have been noted as problems on two (2) or more consecutive
inspection reports, the health officer may issue a written citation for said person to appear
in court.
c)It shall be unlawful for any person to knowingly give the health officer a false name
when such officer requests the name of said person for purposes of enforcing the
provisions of this chapter.
Section 229.171(k) is amended by adding the following:
171.22 Authority to close.
a)The health officer shall close without warning any building or place described in this
chapter and prevent its use for the storage, manufacture, or sale of food or drink for
human consumption whenever:
1)The health officer, upon inspection of an establishment, finds sufficient violations
which cause the rating score of said establishment to be below a total of sixty (60)
points;
2)The health officer finds that an establishment is operating with no working
refrigeration units;
3)The health officer finds that an establishment is operating without running water or
hot water for a period of more than one (1) hour;
4)The health officer finds an establishment is operating without a functioning ware-
washing machine or adequate sinks for manual ware-washing; and
5)The health officer finds any food service establishment with an unreasonable
infestation of rodents or insects.
b)It shall be the duty of the health officer to post a notice of closure for such conditions at
the entrance of such building or place and to maintain the same until such conditions or
practices have been removed or abated.
c)No person shall remove or alter in any way a sign, which has been postedby the health
officer.
Section 229.171(n) is amended by adding the following:
171.23 Examination and condemnation of food.
The health officer shall tag, label, or otherwise identify any food subject to the hold order. No
food subject to a hold order shallbe used, served, or moved from the establishment. The health
officer shall permit storage of the food under conditions specified in the hold order, unless storage
is not possible without risk to the public health, in which case immediate destruction shallbe
ordered and accomplished.
171.24 Appeal from hold order.
The hold order shall state that a requestfor hearing to appeal the hold order may be filed within
five (5) days and that if no hearing is requested, the food shall be destroyed. If requested, a
hearing shall be held on the basis of evidence produced at that hearing by the Health and Building
Standards Commission. The Health and Building Standards Commission may vacate the hold
Page 31 of 34
order or direct the owner or person in charge of the food to denatureor destroy such food or to
bring it into compliance with the provisions of this chapter.
SECTION 2.The Health Permit Fee Schedule set forth in Exhibit “A” attached hereto and made a part
hereof for all purposes, is hereby adopted and authorized to be imposed for the purposes of application
for, and issuance of, permits required for compliance with the provisions of Chapter 13 “Food and Food
Service Establishments”.
SECTION 3.This ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as
the portion of such prior ordinance shall be in conflict; and as to all other sections of the ordinance not in
direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior
ordinances or portions thereof as are expressly repealed hereby.
SECTION 4.Any person violating any provision of this ordinance, shall upon conviction, be fined a
sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a
separate and distinct offense.
SECTION 5.If any provision of this ordinance or application thereof to any person or circumstance is
held invalid by any court, 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 that it would have enacted
the remaining portions despite any such validity.
SECTION 6.Save and except as amended hereby, all the sections, subsections, and clauses of Chapter
13 Food and Service Establishmentsof the Code of Ordinances of the City of Denton, Texas shall remain
in full force and effect.
SECTION 7.This ordinance shall become effective, after its passage and approval on,
_____________, 20142, and the City Secretary is hereby directed to cause thecaption 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 ___________, 20142
_
________________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ________________________________
APPROVED AS TO LEGAL FORM:
Page 32 of 34
ANITA BURGESS, CITY ATTORNEY
BY: ________________________________
EXHIBIT A: Health Permit Fee Schedule:
See new fees hi-lighted in yellow
Type of Health Fee’sFeeAmount
1. Two year food handler card . . . $25.00
2. Manager Certification Registering Fee with the City…$10.00
3.Swimming Pool Operator Certification. . . $50.00
4. Replacement Cards…$ 5.00
5.Beer and wine permit-New application processing fee . . . $25.00
6.Wine and beer retailer's permit on premises . . . ½ of TABC charge
7.Wine and beer retailer's off premises . . .½ of TABC charge
8.Retail dealer's on premise license beer only . . . ½ of TABC charge
9.Retail dealer's on premise late hours license . . . ½ of TABC charge
10.Mixed Beverage permit –application fee. . .$25.00
11.Mixed Beverage permit fee ½ of TABC charge
12.Mixed Beverage Late hours½ of TABC charge
13.Annual swimming pool permit. . . $160.00
14. Re-inspection Fee for pools …$ 80.00
15.Small Restaurant <= 2,000 sq ft…$310.00
Page 33 of 34
16. Large Restaurant >= 2,001 sq ft…$485.00
17. Small Grocery Store <= 12,000 sq ft…$325.00
18.Large Grocery Store >= 12,001 sq ft…$450.00
19.Convenience Store, no Deli$250.00
20.Convenience Store with Deli$300.00
21.Bars$275.00
22. Concession Stands, Seasonal Permits$175.00
23. Mobile Food Unit –Class 1(pre-packaged foods)$175.00
24. Mobile Food Unit –Class 2(foods prepared on vehicle)$310.00
25. Mobile Food Unit –Class 3$175.00
26. Mobile Food Unit –Class 4$ 75.00
27. Daycare Facility…$150.00 plus $1.00/each child licensed
28. Nursing Home…$275.00
29. School Cafeteria…$150.00
30.Temporary Permit . . .$35.00
31.*Farmer’s/CommunityMarket Annual Permit…$240.00
32.*Farmer’s/Community Market Monthly Permit…$40.00
33.**Application fee for all new permits $250.00
34.***Administrative Fee…$ 35.00
Fees are non-refundable.
*Sales of whole or uncut produceshall be exempt from permits and fees
**Application fee shall not apply to Temporary Food Service Establishments
*** Administrative fees may be charged for the following, but not limited to: late payment of any annual
health permit fees; late application and payment of fees for temporary events; failure to have a mobile
unit inspected when due; change of name of business only; re-inspections of new or remodeled
establishments when contractor calls for inspection but is not ready when the inspectors begin the
inspection.
Page 34 of 34
City of Austin Mobile Food Establishment Code
§ 10-3-1 DEFINITIONS.
(12) MOBILE FOOD ESTABLISHMENT means one of two types of mobile food units:
(a) A restricted unit that offers only prepackaged food in individual servings; beverages
that are not potentially hazardous and are dispensed from covered urns or other protected
vessels; and packaged frozen foods. Preparation, assembly or cooking of foods is not
allowed. A foot peddler permit is a restricted unit is limited to one portable ice chest,
cooler, case or unit per permit, capable of being carried by one person; or
(b) An unrestricted unit that may serve food as allowed in (a), and may cook, prepare and
assemble a full menu of food items;
(i) Except as provided in subsection (ii) below, an unrestricted unit must be
secured and completely enclosed; and
(ii) Foods such as hot dogs, coffee, or shaved ice, or food with prior approval
from the health authority, may be served from vehicles with three sides and a
cover.
§ 10-3-31 FOOD MANAGER CERTIFICATE REQUIRED.
(A) Except as provided in Subsection (B), a person may not operate a food enterprise or bed and breakfast
limited unless at least one employee has a current, valid food manager certificate issued by the health
authority.
(B) A food manager certificate is not required for a person who operates:
(1) a food enterprise that provides only beverages or prepackaged food that is not a potentially
hazardous food;
(2) a nonprofit organization that serves food only to members of the organization;
(3) a food processing plant that is inspected at least once each week by a state or federal food
sanitation inspector or that only stores prepackaged food that is not potentially hazardous;
(4) a mobile food establishment that offers only prepackaged food, if acertified food manager is
in charge at the central preparation facility that supplies the products for the mobile food
establishment; or
(5) a temporary event.
(C) The person in charge shall post the food manager certificate in a prominent location in the food
enterprise or bed and breakfast limited.
Source: Ord. 20051201-013; Ord. 20080925-028; Ord. 20120301-010; Ord. 20131024-016.
§ 10-3-32 APPLICATION FOR FOOD MANAGER CERTIFICATE.
(A) A person who seeks a food manager certificate must submit an application to the health authority. The
application must include:
(1) the applicant’s full name;
(2) the applicant’s mailing address;
(3) applicant’s date of birth;
(4) a copy of a government-issued identification document that includes a photograph of the
applicant; and
(5) the applicant’s signature.
(B) An applicant shall pay the certificate issuance fee established by separate ordinance, except that an
employee of a public school located in the City is not required to pay the fee.
(C) A food manager certificate is void if the applicant obtains the certificate by knowingly providing false
information on the application.
Source: Ord. 20051201-013; Ord. 20080925-028.
§ 10-3-33 ISSUANCE OF FOOD MANAGER CERTIFICATE.
(A) The health authority shall issue a food manager certificate to an applicant who pays the required fee
and who:
(1) provides evidence of current certification from a food management program accredited by the
Department of State Health Services in accordance with Texas Administrative Code Title 25,
Section 229.172 (Accreditation of Certified Food Management Programs); or
(2) passesan examination and obtains certification as provided in Texas Administrative Code
Title 25, Section 229.176 (Certification of Food Managers).
(B) A food manager certificate expires on the date indicated on the food manager certificate.
(C) A food manager certificate is not transferable.
Source: Ord. 20051201-013.
§ 10-3-34 FOOD HANDLER REGISTRATION REQUIRED.
(A) Except as provided in Subsections (B) and (I), a person employed or volunteering at a food enterprise
shall register as a food handler. It is unlawful for the person to be employed or volunteer at the food
enterprise without a valid food handler registration.
(B) The requirements of this section do not apply to:
(1) a nonprofit organization that servesfood only to members of the organization;
(2) a food processing plant that is inspected at least once each week by a state or federal food
sanitation inspector or that only stores prepackaged food;
(3) amobile food establishment that offers only prepackaged food, if a certified food manager is
in charge at a central preparation facility that supplies the products for the mobile food
establishment;
(4) a retail food establishment that sells or offers onlyprepackaged foods;
(5) a person who verifies by affidavit that he or she does not ever work with unpackaged food,
food equipment or utensils, or food contact surfaces; or
(6) a concession stand that offers only limited foods and maintains a Certified FoodManager,
registered with the City of Austin, on duty during all hours of operation. The valid, registered
Food Manager Certificate issued to the food manager on duty must be posted in compliance with
Subsection (D) of Section 10-3-31(Food Manager Certificate Required).
(C) A person required by this section to have a food handler registration shall first successfully complete
a food handler training class approved by the State of Texas. The person shall pay the food handler
training course fee as required by the training course provider.
(D) A person may submit an application to the health authority for a food handler registration after the
person successfully completes a food handler training course. The application must include:
(1) the applicant’s full name;
(2) the applicant’s mailing address;
(3) the applicant’s date of birth;
(4) a copy of a government-issued identification document that includes a photograph of the
applicant; and
(5) the applicant’s signature.
(E) An applicant shall pay a nonrefundable registration fee established by separate ordinance except that
an employee of a public school located in the City is not required to pay the registration fee.
(F) The health authority may issue a food handler registration on receipt of a proper application and the
required registration fee.
(G) A person must successfully complete a food handler training course every two years and maintain a
current food handler registration with the City.
(H) A food handler registration is not transferable from one person to another. The food handler
registration remains in effect if a person changes employment during the food handler registration’s
effective period.
(I) A person operating a food enterprise shall ensure every employee or volunteer who is not exempt
pursuant to Subsection (B) above has a current food handler registration. Upon request by the health
authority, a person operating a food enterprise shall provide a list of all food handlers at the enterprise
along with a signed statement verifying the listed persons possess current food handler registrations.
(J) The health authority may suspend or revoke a food handler registration if the health authority
determines that:
(1) an applicant obtained the food handler registration by knowingly providing false information
on the application;
(2) a person is infected with or is a carrier of any foodborne communicable disease; or
(3) the continuation of the person’s food handler registration presents a significant public health
threat.
(K) A person whose food handler registration has been suspended or revoked may re-apply for a new
food handler registration after successfully completing a food handling training course, paying both the
food handler training course fee and registration fee established by separate ordinance or by approval of
the health authority.
Source: Ord. 20080925; Ord. 20100429-028; Ord. 20120301-010; Ord. 20131024-016.
ARTICLE 4. MOBILE FOOD ESTABLISHMENTS.
§ 10-3-91 PERMIT APPLICATION.
§ 10-3-91 PERMIT APPLICATION.
(A) A person who seeks to operate a mobile food establishment must submit to the health
authority a written application for a permit on a form provided by the health authority. The
application must include:
(1) name and address of the applicant and the applicant’s identification number as shown
on a current and valid government-issued identification document that includes a
photograph of the applicant;
(2) type of vehicle to be used for the proposed mobile food establishment;
(3) proof of sales tax and use permit;
(4) an itinerary of locations where sales occur;
(5) other information reasonably required by the health authority;
(6) the signature of each applicant;
(7) a notarized statement from the owner of a central preparation facility stating the
mobile food establishment uses the facility as its base of operation; and
(8) if at one location for more than two hours, a written agreement from a business within
150 feet for employees of the mobile food establishment to have use of flushable
restrooms (or other facilities as approved by the health authority) during hours of
operation.
(B) For a mobile food establishment permit, the health authority shall:
(1) describe on the permit whether the unit is restricted or unrestricted; and,
(2) provide the permit holder a sticker that indicates the permit expiration date.
(C) Except as set forth in subsection (D), a person operating a mobile food establishment shall
promptly display the sticker on the unit where it is readily visible (as designated by the health
authority).
(D) A foot peddler permit may be carried on the peddler’s person.
(E) The health authority may suspend or revoke a mobile food establishment permit if the health
authority determines that:
(1) an applicant obtained the mobile food establishment by knowingly providing false
information on the application;
(2) a person is infected with or is a carrier of any foodborne communicable disease;
(3) the continuation of the person’s mobile food establishment permit presents a
significant public health threat; or,
(4) the mobile food establishment violates the terms and conditions of any written
agreement submitted to the health authority under § 10-3-91.
(5) If a written agreement submitted to the health authority terminates without fault by
the mobile food establishment, the operator has ten days to replace the required written
agreement without constituting an violation under this § 10-3-91.
Source: Ord. 20100923-028.
§ 10-3-92 ITEMS TO BE SOLD.
(A) A person operating a mobile food establishment may only sell a food item described in the
permit.
(B) A person operating a mobile food establishment may not sell a non-food item.
Source: Ord. 20051201-013.
§ 10-3-93 SANITARY REQUIREMENTS.
(A) If a person who operates a mobile food establishment maintains food at a hot holding
temperature by mechanical means, that person shall comply with fire and explosion safety
standards established by the fire marshal.
(B) If a person uses a pressurized fuel system or container in conjunction with the mobile food
establishment, that person shall comply with fire and explosion safety standards established by
the fire marshal.
(C) A mobile food establishment shall be equipped with an attached trash receptacle approved by
the health authority. The operator must hold, store, and dispose of solid and liquid waste in a
receptacle approved by the health authority and comply with any other applicable City Code
requirements.
(D) A person who operates a mobile food establishment must meet all of the following
requirements:
(1) A mobile food establishment shall provide only single service articles for use by the
consumer;
(2) A mobile food establishment shall comply with the regulations the health authority
adopts regarding time, temperature, plumbing, operation and maintenance requirements
for mobile food establishments;
(3) A mobile food establishment shall comply with the regulations the health authority
adopts regarding a mobile food establishment’s provisions, mandatory central preparation
facility, serving area and operations;
(4) A mobile food establishment shall demonstrate that the vehicle is readily moveable if
requested by the health authority;
(5) A mobile food establishment shall comply with all requirements of the health
authority prohibiting alteration, removal, attachments, placement or change in, under, or
upon the mobile food establishment that would prevent or otherwise reduce ready
mobility of the mobile food establishment unit;
(6) If at one location for more than two hours, a written agreement from a business within
150 feet of the mobile food establishment, allowing employees of the mobile food
establishment to have use of flushable restrooms (or other facilities as approved by the
health authority) during hours of operation;
(7) The health authority shall require a mobile food establishment to come, on an annual
basis, to a location designated by the health authority for an inspection;
(8) All food and supplies must be stored within the mobile unit;
(9) A person who operates a mobile food establishment may not place food, equipment,
or supplies that are part of its operations outside of the permitted unit and must conduct
all of its operational activities within the mobile food establishment; and,
(10) The health authority may require that mobile food establishments found to violate
this section to come for a re-inspection at a location designated by the health authority.
Source: Ord. 20100923-028; Ord. 20131024-016.
§ 10-3-94 RESERVED.
§ 10-3-95 USE OF PUBLIC PROPERTY.
A person who operates a mobile food establishment may not go into a City park to sell, offer for
sale, or display a food item, unless the person’s activity is authorized by:
(1) a park property rental agreement;or
(2) written permission of the director of the Parks and Recreation Department.
Source: Ord. 20051201-013; Ord. 20131024-016.
§ 10-3-151 INSPECTION AUTHORITY.
(A) The health authority may inspect a food enterprise or bed and breakfast limited during
regular business hours or at another reasonable time to determine compliance with this chapter.
The health authority shall display identification upon request.
(B) The health authority may examine or sample food that is stored, prepared, packaged, served,
or otherwise provided for human consumption by a food enterprise or bed and breakfast limited.
(C) The health authority may examine the records of a food enterprise or bed and breakfast
limited to obtain information relating to:
(1) food and supplies purchased, received, or used; or
(2) an employee.
Source: Ord. 20051201-013.
§ 10-3-152 INSPECTIONS GENERALLY.
(A) After inspecting a food enterprise or bed and breakfast limited, the health authority shall
record the health authority’s findings on an appropriate inspection report form.
(B) The health authority shall provide a copy of the inspection report to the person in charge of
the food enterprise or bed and breakfast limited.
(C) If a violation is found, the health authority shall:
(1) prescribe on the inspection report a reasonable time period for correction of the
violation; and
(2) perform re-inspections at reasonable time intervals to determine whether required
corrections are made.
Source: Ord. 20051201-013.
§ 10-3-156 MOBILE FOOD ESTABLISHMENT VIOLATIONS.
(A) A person or business who operates a mobile food establishment shall immediately correct
violations identified in an inspection report. If the violations are not corrected immediately, the
person or business incharge shall stop food service operations at the mobile food establishment
until authorized to resume food service operations by the health authority.
(B) The health authority may immediately cite, suspend operations, or file violation charges
against theperson or business in charge of a mobile food establishment that does not correct
violations identified as required in Subsection (A).
Source: Ord. 20051201-013; Ord. 20100429-028; Ord. 20100923-028.
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ConsentAgendaA
ConsentAgendaB
AGENDA INFORMATION SHEET
AGENDA DATE: February 18, 2014
DEPARTMENT: Engineering Services
ACM: Jon Fortune
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance authorizing the City Manager or his designee to execute on
real estate conveyance from the City of Denton to the State of Texas, of a 15,740 square foot
tract of real property, in the Eugene Puchalski Survey, Abstract No. 996, City of Denton, Denton
County, Texas, and being a portion of Lots 9, 10 and 19 of the Foxhunt Addition, generally
located at the Northwest corner of Underwood Street and Kendolph Drive, Denton, Texas (the
authorizing execution of a deed without warranty (herein so called) conditionally
effectuating such real estate conveyance; and providing an effective date. (IH 35E- Widening
Project - TX Dot Parcel 112)
BACKGROUND
The Texas Department of Transportation is undertaking the widening and improvements for that
section of IH 35E classified as CSJ: 0195-03-072. The widening project will facilitate future
improvements to IH 35E through Northwest Dallas County and Southeast Denton County,
Texas. The project limits for the designated North section (FM 2181 to US 380) is 10.5 miles.
The widening project requires a fee land area of 15,740 square feet strip of additional right-of-
way which is adjacent to the current frontage road of IH 35E and is bounded by Underwood
Street along the south and Kendolph Drive along the west. The property impacted is a City of
Denton owned 0.4220 acre (18,384 square foot) tract, representing a remnant of parcels that
came to the city, originally acquired as a result of the upstart of Interstate 35 in the 1950s. The
existing triangular tract will have a remainder of 2,644 square feet. The remainder has been
found by the appraisal to be a size to small to be considered a separate economic unit. The
purchase price includes payment of dam
potential.
The Texas Department of Transportation has made a formal request to acquire the subject 0.3613
acre tract from the City of Denton for widening use (TxDOT Parcel No. 112).
Staff recommends acceptance of $33,517.00, as per the findings of the current real estate
appraisal, in exchange for the conveyance of the subject 0.3613 acre tract.
OPTIONS
1. Approve the proposed Ordinance.
2. Decline to approve the proposed Ordinance.
3. Table for future consideration.
Agenda Information Sheet
February 18, 2014
Page 2
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
EXHIBITS
1. Location Map
2. Site Map
3. Ordinance plus exhibits
Respectfully submitted,
Jon Fortune
Assistant City Manager
Prepared By:
LuAnne Oldham
Real Estate Specialist
Engineering Services
LOCATION MAP
DENTON DOWNTOWN
HAYNES
PECAN
SYCAMORE
PRAIRIE
UNION
NTS
WILSHIRE
FANNIN
Site
Exhibit 1 attachment to AIS
Site Map
Site
Exhibit 2 attachment to AIS February 03, 2013
ConsentAgendaC
AGENDA INFORMATION SHEET
AGENDA DATE:February 18, 2014
DEPARTMENT:Economic Development
ACM:John Cabrales, Jr.
SUBJECT
Consider approval of a resolution allowing Destin Holdings, DBASweetwater Grill & Tavern;
WABL,LLC,DBAThe Abbey Inn;DI2-Denton1, LLC, DBA Lone Star Attitude Burgers; and
JCN Investments DBA The Loophole Tavern, to be participantsallowed to sell alcoholic
beverages at Mardi Gras on Walnut event,February 28,2014,upon certain conditions;
authorizing the City Manageror his designee,to execute an agreement in conformity with this
resolution; and providing for an effective date. Staff recommends approval.
BACKGROUND
Mardi Gras on Walnut is a first year event, to be held on Walnut Street, between S. Locust and S.
ElmStreets. The street will be closed for live music, the sale of alcohol and vendor booths to
resemble the Mardi Gras celebration in New Orleans, Louisiana. This is a free event and
organizers expect approximately 500 people to attend.
The restaurants bordering Walnut Street will serve alcohol at the event: The Abbey Inn, The
Loophole Tavern, Lone Star Attitude Burgers and Sweetwater Grill and Tavern.
RECOMMENDATION
Staff recommends approvalof the resolutionand agreement as submitted, which is consistent
with agreements forother events serving alcoholic beverages.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
FISCAL INFORMATION
None
EXHIBITS
Mardi Gras on Walnut letter of request
Resolution
Respectfully submitted:
Julie Glover
Economic Development Program Administrator
ConsentAgendaD
AGENDA INFORMATION SHEET
AGENDA DATE:February 18,2014
DEPARTMENT:Parks and Recreation
ACM:John Cabrales, Jr.
______________________________________________________________________________
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of the Mardi Gras on
Walnut Festival sponsored by various businesses on Hickory Street and Walnut Street. The event
will be held on City property, on the 100 block of Walnut Street, on Friday, February 28, 2014,
from 5 p.m. to midnight, with live music played from 7 p.m. to 11:30 p.m. An exception is
specifically requested to increase sound levels from 70 to 75 decibels, and for an extension of
hours from 10 p.m. to 11:30 p.m. Staff recommends approval of request.
BACKGROUND
The Mardi Gras Festival will havelive music,sale of alcoholic beverages, food, and other
activities for the attendees to enjoy including face painting and mask making.
The event will be held in the street on the 100 block of Walnut Street, between Elmand Locust
streets, which is City property.
Event organizers expect anattendance of approximately 500attendees.
PRIOR ACTION/REVIEW
In the past,City Council has approved requests for exceptionsto the noise ordinanceto be
increased from 70 to 75 decibelsand an extension of hours for amplified sound for the events
held at Downtown Squarearea.
EXHIBITS
Letter of Request
Respectfully submitted:
Emerson Vorel, Director
Parks and Recreation Department
Prepared by:
Janie McLeod
Community Events Coordinator
ConsentAgendaE
AGENDA INFORMATION SHEET
AGENDA DATE: February 18, 2014
DEPARTMENT: Human Resources
ACM: Bryan Langley
SUBJECT
Consider adoption of an ordinance approving a salary increase for Anita Burgess under the
performance review provision of her employment agreement with the City; authorizing the
expenditure of funds; and providing an effective date.
BACKGROUND
On December 10, 2013, the Council reviewed the accomplishments and goals of the City
Attorney in a closed meeting. During this meeting, the Council discussed providing a 3% increase
to base pay for the City Attorney as a result of her performance, retroactive to the first pay period
after October 1, 2013. The attached ordinance authorizes this recommendation.
OPTIONS
Approve the ordinances as proposed, not approve the ordinances, or make modifications.
EXHIBITS
Ordinance Approving Salary Increase for Burgess.
Respectfully submitted:
______________________________
Carla Haggmark-Romine
Director of Human Resources
ConsentAgendaF
AGENDA INFORMATION SHEET
AGENDA DATE: February 18, 2014
DEPARTMENT: Human Resources
ACM: Bryan Langley
SUBJECT
Consider adoption of an ordinance approving a salary increase for George C. Campbell under the
performance review provision of his employment agreement with the City; authorizing the
expenditure of funds; and providing an effective date.
BACKGROUND
On December 10, 2013, the Council reviewed the accomplishments and goals of the City
Manager in a closed meeting. During this meeting, the Council discussed providing a 1.5%
increase to base pay for the City Manager as a result of his performance, retroactive to the first
pay period after October 1, 2013. The attached ordinance authorizes this recommendation.
OPTIONS
Approve the ordinances as proposed, not approve the ordinances, or make modifications.
EXHIBITS
Ordinance Approving Salary Increase for Campbell.
Respectfully submitted:
______________________________
Carla Haggmark-Romine
Director of Human Resources
ConsentAgendaG
AGENDA INFORMATION SHEET
AGENDA DATE: February 18, 2014
DEPARTMENT: Human Resources
ACM: Bryan Langley
SUBJECT
Consider adoption of an ordinance approving a salary increase for Robin A. Ramsay under
the performance review provision of his employment agreement with the City; authorizing
the expenditure of funds; and providing an effective date.
BACKGROUND
On December 10, 2013, the Council reviewed the accomplishments and goals of the
Municipal Judge in a closed meeting. During this meeting, the Council discussed providing
a 3% increase to base pay for the Municipal Judge as a result of his performance,
retroactive to the first pay period after October 1, 2013. The attached ordinance authorizes
this recommendation.
OPTIONS
Approve the ordinances as proposed, not approve the ordinances, or make modifications.
EXHIBITS
Ordinance Approving Salary Increase for Ramsay.
Respectfully submitted:
______________________________
Carla Haggmark-Romine
Director of Human Resources
ConsentAgendaH
AGENDA INFORMATION SHEET
AGENDA DATE: February 18, 2014
DEPARTMENT: Airport
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on
behalf of the City of Denton a First Amendment to an Airport Lease Agreement as approved by
Ordinance 2012-055 on March 6, 2012 between the City of Denton, Texas and David Smith for
the property located at 4862 Lockheed, Denton Enterprise Airport; and providing an effective
date. (Council Airport Committee recommends approval 2-0)
BACKGROUND
Airport Staff received a request from David Smith on January 10, 2014 to transfer the property
lease at 4862 Lockheed Lane to David A. Shulman.
This property is the location of a 1,428 square foot hangar originally built in 1989 and owned by
David Smith. This hangar is being sold to David A. Shulman. The location is south across
Lockheed, off Taxilane Lima. The lot is 2,000 square feet.
The term of this Agreement was originally for a period of twenty (20) years commencing on the
th
6 day of March 2012. David A. Shulman requested a term of twenty (22) years and one (1)
th
month continuing through the 14 day of March 2034.
FISCAL INFORMATION
The current lease rate for the property to be assigned to David A. Shulman is $540.00 annually
($0.27/square foot). Beginning March 15, 2014 and every two (2) years thereafter, the lease rate
will be adjusted to the current CPI-U. Airport staff recommends maintaining the existing lease
rate for the lease assignment to David A. Shulman.
EXHIBITS
1. Ordinance
2. First Amendment
3. Lease Assignment
Respectfully submitted:
__________________________
Quentin Hix, Director of Aviation
ConsentAgendaI
AGENDA INFORMATION SHEET
AGENDA DATE: February 18, 2014
DEPARTMENT: Airport
ACM: Jon Fortune
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on
behalf of the City of Denton an Estoppel Certificate to Nebrig Properties, L.P. and Inwood
National Bank for a hangar located at 4650 John Carrell Rd at Denton Enterprise Airport; and,
providing an effective date. (Council Airport Committee recommends approval 2-0)
BACKGROUND
Inwood National Bank and Nebrig Properties, LP have requested that the City of Denton enter
into a Lease Estoppel Agreement that allows Inwood National Bank to assume ownership of a
hangar located at 4650 John Carrell Rd. at Denton Enterprise Airport in the event of a default on
a mortgage loan secured by the hangar owner, Nebrig Properties, LP .
Section IX of the original lease provides the terms and conditions under which the lessee may
collaterally assign a Lease to secure a mortgage loan. This section of the lease follows:
IX. SUBROGATION OF MORTGAGEE
Any person, corporation or institution that lends money to Lessee for construction of any
hangar, structure, building or improvement and retains a security interest in said hangar,
ons to said
mortgagee have the right to enter upon the Leased Premises and operate or manage said
hangar, structure, building or improvement according to the terms of this Lease Agreement,
for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full,
whichever come first, but in no event longer than the Lease Term. It is expressly understood
and agreed that the right of the mortgagee referred to hererin is limited and restricted to those
improvements constructed with funds borrowed from mortgagee, those improvements
purchased with the borrowed funds, and those improvements pledged to secure the refinancing
of the improvements.
The Estoppel Certificate proposed by Nebrig Properties, LP. And Inwood National Bank
conforms to the terms and conditions contained in the original lease.
Agenda Information Sheet
February 18, 2014
Page 2
PRIOR ACTION/REVIEW
On April 17, 2001, the City Council adopted Ordinance 2001-178 approving a Commercial
Operator Airport Lease Agreement between the City of Denton and Triangle Aviation, Inc.;
On January 17, 2006 the City Council adopted Ordinance 2006-020 approving the assignment of
a Commercial Operator Airport Lease Agreement between the City of Denton and Triangle
Aviation, Inc. to Charles N. Davis III;
On October 21, 2008 the City Council adopted Ordinance 2008-254 approving the assignment of
a Commercial Operator Airport Lease Agreement between the City of Denton and Nebrig
Properties, L.P.
RECOMMENDATIONS
The ordinance and Lease Estoppel have been reviewed by the Legal Department and approved as
to form. Staff recommends approval of the requested Estoppel for Inwood National Bank as
lender to Nebrig Properties, LP.
EXHIBITS
1. Estoppel Ordinance
2. Landlord Estoppel Certificate
Respectfully submitted:
Quentin Hix
Director of Aviation
ConsentAgendaJ
AGENDA INFORMATION SHEET
AGENDA DATE: February 18, 2014 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Vance Kemler at 349-8044
ACM: Bryan Langley
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute a Cooperative
Purchasing Program Agreement with the University of Texas at Arlington (UTA) under Section
771.003 of the State of Texas Government Code, and to authorize the City of Denton to
participate in a UTA Interagency Cooperation Contract for Testing, Monitoring, and Analysis to
Aid in the Development of Soil and Vegetative Cover at the City of Denton Landfill; authorizing
the expenditure of funds therefor; and declaring an effective date (File 5480-Interagency
Cooperation Contract with the University of Texas at Arlington in the three (3) year not-to-
exceed amount of $227,433). The Public Utilities Board recommends approval (6-0).
FILE INFORMATION
Over the past three years, selected faculty and staff at the University of Texas at Arlington
(UTA) Environmental Engineering Department have been working with Solid Waste
Department staff bioreactor landfill
operations. The UTA Environmental Engineer Department provides testing, analysis, and
research on projects that assist the staff in better managing bioreactor operations in
compliance with landfill permit requirements and in improving process management techniques
which when implemented will extend the life of the facility.
The Scope of Services included in the attached agreement (Exhibit 1) provides an overview of
the tasks that the Solid Waste Department has requested UTA staff to perform. This includes
investigating cover soils indigenous to the landfill area, and various vegetative plants that could
be used in order to optimize the cell cap characteristics naturally, instead of utilizing a geo-
membrane sheet style cap when completing cell closure. The multi-year agreement will consist
of these four tasks;
1) Investigation of cover soil and selection of vegetation
2) Site selection and instrumentation
3) Performance monitoring
4) Analysis and performance evaluation
Agenda Information Sheet
February 18, 2014
Page 2
FILE INFORMATION (CONTINUED)
Benefits of utilizing a cover soil and vegetative cap are: an improved cap design, an improved
final cover design, they are easier to maintain during the post-closure period, they provide a
reduce the overall cost of construction by a minimum of $30,000 per surface acre.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 27, 2014, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
RECOMMENDATION
Approve a three (3) year Interagency Cooperation Contract with the University of Texas at
Arlington in the not-to-exceed amount of $227,433.
PRINCIPAL PLACE OF BUSINESS
University of Texas at Arlington
Arlington, TX.
ESTIMATED SCHEDULE OF PROJECT
The contract will be in effect through January 31, 2017.
FISCAL INFORMATION
These services will be funded from job cost account 660083595.1365.20100. Requisition#
117562 has been entered in the Purchasing Software System.
EXHIBITS
Exhibit 1: UTA Agreement
Exhibit 2: Public Utilities Board Draft Minutes
Exhibit 3: Ordinance
Agenda Information Sheet
February 18, 2014
Page 3
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
1-AIS-File 5480
Exhibit 1
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Exhibit 1
9IL.L Ћ
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
9IL.L Ќ
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
9IL.L Ѝ
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 2
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 January 27, 2014
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7 Monday, January 27, 2014 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901A Texas Street, Denton, Texas.
9
10 Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy
11 Robinson, Phil Gallivan Barbara Russell and Leonard Herring
12
13 Absent: Lilia Bynum
14
15 Ex Officio Members: Howard Martin, ACM Utilities
16
17 Absent: George Campbell City Manager
18
19 OPEN MEETING:
20
21 CONSENT AGENDA:
22
23 7) Consider a recommendation of an approval of a multi-year, inter-local government
24 agreement with the University of Texas at Arlington and the City of Denton Solid Waste
25 Department to provide for testing, monitoring and analysis to aid in the development of a soil
26 and vegetative cover used as a cap for the landfill cell when closed, to support on-going
27 studies of these natural soil and vegetative parameters over a three year period in an amount
28 not to exceed $227,433.
29
30 Board Member Herring asked if we are not able to take care of this testing, monitoring and
31 analysis ourselves. Kemler answered we are not. This is a special project. This research is
32 required by TCEQ to prove that vegetation on a final cover will provide the erosion and
33 evaporation rate that TCEQ requires. This project will convert our landfill final cover from a
34 which as a lot of problems that have been discovered in the last 20
35 years. Staff wants to take that cover that has soil and plastic and use a new design that is better
36 suited for the landfill use. This will require a permit modification and in order to modify that
37 permit this research has to be taken care of which will ultimately save about $7.5 million. There
38 is also a water balance study that will happen at the same time that is about $25,000. That is an
39 industry wide state project.
40
41 Board Member Russell asked if staff could move in a direction to use UNT for this type of
42 work. Kemler answered that in the UNT system a few years ago looked at adding
43 Environmental Engineering in their graduate program. Kemler was working with the interim
44 chair trying to develop some projects with the group. At some point the administration decided
45 not to move forward and dropped the environmental engineering graduate program. That has put
46 staff at a disadvantage because that is the area solid waste uses the most. Staff does use the
47 environmental science programs when possible.
Draft Minutes of the Public Utilities Board Meeting
January 27, 2014
Page 2 of 2
1
2 Motion was made to approve item 7 by Board Member Russell with the second by Board
3 Member Herring. The vote was 6-0 approved
4
5 Adjournment 10:43 a.m.
ORDINANCE NO. ___________
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE UNIVERSITY OF
TEXAS AT ARLINGTON (UTA) UNDER SECTION 771.003 OF THE STATE OF TEXAS
GOVERNMENT CODE, AND TO AUTHORIZE THE CITY OF DENTON TO
PARTICIPATE IN A UTA INTERAGENCY COOPERATION CONTRACT FOR TESTING,
MONITORING, AND ANALYSIS TO AID IN THE DEVELOPMENT OF SOIL AND
VEGETATIVE COVER AT THE CITY OF DENTON LANDFILL; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE
5480-INTERAGENCY COOPERATION CONTRACT WITH THE UNIVERSITY OF TEXAS
AT ARLINGTON IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $227,433).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute the
Interagency Agreement with the University of Texas at Arlington under Section 771.003 of the
Texas Government Code, a copy of which is attached hereto and incorporated by reference
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.
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 File 5480 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 _______________________, 2014.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
File 5480
ConsentAgendaK
AGENDA INFORMATION SHEET
AGENDA DATE: February 18, 2014 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Terry Kader at 349-8729
ACM: Bryan Langley
SUBJECT
Consider adoption of an ordinance authorizing the City Manager or his designee to execute a
purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a
Peterbilt Model 348 Dump Truck for the City of Denton Streets Department; and providing an
effective date (File 5484 awarded to Rush Truck Center, Crane in the amount of $143,264.24).
FILE INFORMATION
This item is for the purchase of one (1) Peterbilt Model 348 dump truck for the City of Denton
Streets Department through the Buy Board Cooperative Purchasing Network Contract# 430-13.
This unit was approved in the Fiscal Year 2013-14 Budget and is replacing a 2005 Sterling
Model LT8500 12-yard dump truck that has met the replacement criteria
relating to high maintenance costs and age. The unit being replaced will be auctioned at a later
date. The quote for the replacement unit includes a 14-yard dump body to accommodate the
-foot snow plow in the amount of
$5,816.25 (Exhibit 2).
Fleet Services is recommending the purchase of Peterbilt chassis for fleet replacements whenever
an available model meets the required specifications for standardizing the fleet. Fleet
standardization minimizes costs and improves efficiencies relating to technician training,
diagnostic software, required specialty tools, and stocking of parts (Exhibit 3). Staff is not aware
of any local distributors that supply this Peterbilt chassis. Rush Truck Centers are the authorized
dealer for Peterbilt equipment in the state of Texas.
RECOMMENDATION
Award purchase of a Peterbilt Model 348 Dump Truck to Rush Truck Center, Crane in the
amount of $143,264.24.
PRINCIPAL PLACE OF BUSINESS
Rush Truck Center, Crane
Houston, Texas
ESTIMATED SCHEDULE OF PROJECT
The purchase and delivery the dump truck will occur within 90 days of purchase order issuance.
Agenda Information Sheet
February 18, 2014
Page 2
FISCAL INFORMATION
The dump truck will be funded from Certificate of Obligation account# 810167468.1355.30100.
Requisition # 117423 has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Comparison of contract/non-contract pricing
Exhibit 2: Quote for dump truck
Exhibit 3: Standardization Memo
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
File 5484
Rush Truck Center, Crane
PO Box 200105
EXHIBIT 2
San Antonio, TX 78220
877-661-4511
Denton, City of
901-B Texas St
Denton, TX 76201-4354
940-349-7100
Terry Kader
Terry Kader, thank you for the opportunity to earn your business. We look forward to working with you on your business
needs. Please accept the following proposal.
Peterbilt3482015To Be Determined
4/30/2014
New 2015 Peterbilt model 348 dump spec including Ox Body 15 ft dump and Hendrickson Snowplow. Includes OX body Quote #FA000047391 for 15'
dump body $22998.83 and Henderson snowplow quote #53448-4 for $5,816.25 Chassis price including Warranties $114,399.00
Includes Chassis Warranty 3/200k, Paccar engine 5yr/200K warranties and 5yr Allison Transmission warranty.
Available on BuyBoard contract #430-13
QuantityTotal
1
TruckPriceperUnit
$137,394.24$137,394.24
F.E.T.(Factory&DealerPaid)
$0.00$0.00
NetSalesPrice
$137,394.24$137,394.24
OptionalExtendedWarranty(ies)
$5,820.00$5,820.00
StateSalesTax
DocumentaryFee
$50.00$50.00
AdministrationFee
VehicleInventoryTax
AdditionalTaxes
TireRecyclingProgram
BatteryDisposalFee
OutofStateVehicleFee
Rebate(s)
TotalSalesPrice(IncludingRebate(s))
$143,264.24$143,264.24
TradeAllowance(seeDISCLAIMERBelow)
$0.00
Hal Holloway
2/18/2014
DISCLAIMER:AnyorderbasedonthisProposalsubjecttoCustomerexecutingDealersstandardformRetailPurchaseOrderincorporatingaboveterms.Anydocumentaryfees,statetax,title,registrationand
licensefeessubjecttoadjustmentandchange.ActualF.E.T.tobepaidbyDealer,subjecttoadjustment.AnyF.E.T.variancewillberesponsibilityofDealer.Manufacturerhasreservedtherighttochangethe
pricetoDealerofanyvehiclenotcurrentlyinDealersstock,withoutnoticetoDealer.IfQuotedVehicle(s)notcurrentlyinDealersstock,DealerreservesrighttochangeQuotationTotaltoreflectanyprice
increasesfromManufacturer.ThisProposalisbaseduponDealerscurrentandexpectedinventory,whichissubjecttochange.Dealernotobligatedtoretainanyspecificvehiclesinstock,normaintainany
specificinventorylevel.DealershallnotbeobligatedtofulfillProposalineventquotedvehicle(s)notinstockoravailablewithinrequesteddeliveryscheduleattimeProposalaccepted.Dealershallnotbe
liableforanydelayinprovidingorinabilitytoprovideQuotedVehicle(s),wheresuchinabilityordelayisdue,inwholeorinpart,toanycausebeyondthereasonablecontrolofDealeroriswithoutthegross
negligenceorintendedmisconductofDealer.AbovelistedTradeValuebaseduponcurrentappraisalofTradeVehicle(s).DealermayadjustTradeValueofTradeVehicle(s)toreflectchangesincondition
and/ormileageofTradeVehicle(s)betweendateofcurrentappraisalandacceptanceofthisProposalbyCustomer.
RTCQ-300-7/12
Printedon1/24/2014at6:57AM.
EXHIBIT 3
MEMORANDUM
DATE: October 24, 2013
TO: Elton Brock
FROM: Terry Kader
Fleet Services Superintendent
CC: Antonio Puente
SUBJECT: Peterbilt Truck Chassis
Fleet Services is recommending the purchase ofPeterbilt chassisfor fleet replacements
whenever an available model fits our replacement specifications based on fleet
standardization.
Fleet standardization minimizes costs and improves efficiencies relating to technician
training, diagnostic software, required specialty tools and stocking of replacement parts.
Also, we are currently already set up as a warranty provider for the Peterbilt trucks
through the Rush Truck Center network. As an approved warranty provider, we perform
repairs that are covered under warranty, reducing downtime and costs associated with
transportation of these trucks to the Rush shop.
I believe the purchase of the appropriate Peterbilt Truck Chassis is the best value and I
am requesting authorization to make this purchase based on fleet standardization.
Regards,
Terry Kader
Fleet Services Superintendent
ORDINANCE NO. ___________
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE
PURCHASING NETWORK FOR THE ACQUISITION OF A PETERBILT MODEL 348
DUMP TRUCK FOR THE CITY OF DENTON STREETS DEPARTMENT; AND
PROVIDING AN EFFECTIVE DATE (FILE 5484 AWARDED TO RUSH TRUCK CENTER,
CRANE IN THE AMOUNT OF $143,264.24).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network 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 Buy Board Cooperative Purchasing Network programs 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.
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
NUMBER VENDOR AMOUNT
5484 Rush Truck Center, Crane $143,264.24
SECTION 2. By the acceptance and approval of the items set forth in the referenced file
number, the City 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 documents and related documents filed
with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the
City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced file number wish to enter into a formal written agreement as a result of the
Manager or his designated representative is hereby authorized to execute the written contract
which shall be attached hereto; provided that the written contract is in accordance with the terms,
conditions, specifications and standards contained in the Proposal submitted to the Buy Board
Cooperative 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 permitted to be performed by the City of
Denton under File 5484 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
number, the City Council hereby authorizes the expenditure of funds therefor in the amount and
in accordance with the approval purchase orders or pursuant to a written contract made pursuant
thereto as authorized herein
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this ________ day of ______________, 2014.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
File 5484
ConsentAgendaL
AGENDA INFORMATION SHEET
AGENDA DATE: February 18, 2014 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Vance Kemler at 349-8844
ACM: Bryan Langley
SUBJECT
Consider adoption of an ordinance of the City of Denton Texas, authorizing the City Manager to
execute er engineering
services to be utilized in the preparation, development and submittal of a permit application for
lateral expansion and associated services pertaining to the City of Denton Landfill (MSW Permit
#1590A); authorizing the expenditure of additional funds therefor in an amount not-to-exceed
$156,400; providing an effective date (File 4683CP&Y, Inc. aggregating an amount not-to-
exceed $1,092,280). The Public Utilities Board recommends approval (6-0).
FILE INFORMATION
This agreement is for additional professional services regarding the permitting associated with
the City of Denton Landfill lateral expansion (MSW Permit #1590A). The original contract for
Task 1 was approved on April 25, 2011 in the amount of $70,000. Amendment One for Tasks 2-
4, was approved on September 6, 2011 in the amount of $865,880. A detailed description of the
services for the Second Amendment of $156,400 is included in the attached Public Utilities
Board Agenda Information Sheet (Exhibit 1).
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
On February 10, 2014, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
RECOMMENDATION
Approve the Second Amendment to a Professional Services Agreement with CP&Y, Inc. in the
amount of $156,400 for a total contract amount not-to-exceed $1,092,280.
PRINCIPAL PLACE OF BUSINESS
CP&Y, Inc.
Dallas, TX
Agenda Information Sheet
February 18, 2014
Page 2
ESTIMATED SCHEDULE OF PROJECT
This is a multi-year project that will take two to five years to complete.
FISCAL INFORMATION
The professional services will be funded from Capital Improvement Project fund accounts
660560594, 660560593, and 660560595.1360.21100.
EXHIBITS
Exhibit 1: Public Utilities Board Agenda Information Sheet without Exhibits
Exhibit 2: Public Utilities Board Draft Minutes
Exhibit 3: Ordinance, and Second Amendment
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
File 4683
EXHIBIT 1
PUBLIC UTILITIES BOARD AGENDA ITEM #
AGENDA INFORMATION SHEET
AGENDA DATE: February 10, 2014
DEPARTMENT: Solid Waste
ACM: Jon Fortune, 349-8585
______________________________________________________________________________
SUBJECT
An ordinance by the City of Denton Texas, authorizing the City MSecond
Amendment to Professional Services A
in the preparation, development and submittal of a permit application for lateral expansion and
associated services pertaining to the City of Denton Landfill (MSW Permit #1590a); authorizing
the expenditure of additional funds therefor in an amount not-to-exceed $156,400; providing an
effective date (File no. 4683 CP&Y inc. aggregating an amount not-to-exceed $1,092,280).
BACKGROUND
The City of Denton relocated its landfill operations from the Mosley Road site in Crossroads,
Texas to the current location in 1984. The 1984 site was 32 acres. The Environmental Protection
Agency (EPA) implemented improved design and operating rules for municipal solid waste
landfills receiving waste after October 9, 1991 that were more protective of the environment. The
requirements and all facilities in Texas were required to upgrade their facilities and operating
permits to meet those new rules. The City of Denton expanded its facility to include 252 acres,
containing 152 acres for landfill disposal, and received its new Municipal Solid Waste (MSW)
Facility permit in 1997.
The City Council has set goals for the Solid Waste Department that include maintaining a
minimum of 50 years of service, processing, storage and disposal capacity. Additionally, the City
Council has set a waste diversion recycling goal of 40%. In order to achieve these long term
strategic planning goals the MSW Facility TCEQ Permit must be amended to provide for
adequate processing, treatment, and disposal capacity in its integrated solid waste management
system to achieve these goals. The Facility expansion planning process began in 2008. In 2009 a
feasibility study was completed, followed up with the initial phase of the planning and design of
the MSW Facility which involved geotechnical investigations of the proposed site, surveying,
engineering design, traffic studies, environmental studies and local permitting. Additional work
efforts and services beyond the scope of the original professional services agreement are briefly
listed below and further detailed within Exhibit #3, requiring the requested additional
professional services funding of $156,400. The tasks requested for development include;
1) The gas management plan
2) Permit boundary modification
3) Organics composting
4) Slope modification
5) FEMA permitting
6) Grease and grit processing, and a
7) Landfill mining plan.
MSW permit will serve the citizens of
Denton many years into the future.
The permitting and amendment process is a multi-year process involving design, public input
and multiple regulatory agencies involvement on technical and administrative issues. The permit
amendment will consolidate the many minor permit modifications issued over the last 14 years,
will be based on the latest State of Texas major MSW rule changes of 2006, and will
accommodate the incorporation of newer industry technologies, and will address potential end
uses of the closed landfill disposal areas.
The City has Professional Service Agreements () with the two lead consultants for this
project: Lloyd Gosselink, Attorneys-at-Law to provide the legal consulting services and CP&Y
to provide the engineering consulting services on this project. The original and first amended
Denton Solid Waste Department for services
Commission of Environmental Quality (TCEQ) were awarded by the City Council in April 2011
(Task 1) and September 2011 (Tasks 2 4, provided in the exhibits).
Tasks 1 4 include the development of the Municipal Solid Waste Facility Permit Amendment
Application, which include design and plan development; conduct of the soils investigation,
associated laboratory testing, and report preparation; meeting Corp of Engineers requirements;
development of air permit applications; and conducting public meetings as may be required.
OPTIONS
The PUB may approve the requested professional services be provided by CP&Y, or they may
services for the
development of the Municipal Solid Waste Facility Permit amendment.
RECOMMENDATION
The City staff recommends the PUB approve Professional Services Amendment #2, which will
provide for necessary professional services as detailed within Exhibit #3, and will move the
process forward towards completion of the application phase, allowing the City of Denton to
have expanded processing, storage and disposal capacity and a more comprehensive Municipal
Solid Waste Facility permit.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The original PSA with CP&Y, and Amendment #1, were recommended by the PUB, and
approved by the City Council during late fiscal year 2011.
DATE SCHEDULED FOR COUNCIL APPROVAL
February 18, 2014
FISCAL INFORMATION
The Amendment #2 Professional Services will be funded from Solid Waste job cost account #
660560 in the amount of $156,400. With the addition of the Amendment #2 Professional
Services, the CP&Y Professional Services contract will total $1,092,280.
EXHIBITS
1. CP&Y Professional Services Agreement
2. CP&Y Professional Services Agreement (Amendment #1)
3. Scope of Services for CP&Y Professional Services (Amendment #2)
Respectfully submitted:
Vance Kemler
General Manager, Solid Waste & Recycling Services
Prepared by,
S. Lebsack
Development Manager, Solid Waste & Recycling Services
EXHIBIT 2
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 February 10, 2014
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into an closed meeting on
7 Monday, February 10, 2014 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901A Texas Street, Denton, Texas.
9
10 Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy
11 Robinson, Phil Gallivan, Leonard Herring and Lilia Bynum
12
13 Absent: Barbara Russell
14
15 Ex Officio Members: Howard Martin, ACM Utilities, George Campbell City Manager
16
17 OPEN MEETING:
18
19 CONSENT AGENDA:
20
21 3) Consider a recommendation of an ordinance by the City of Denton Texas, authorizing the
22
23 further engineering services to be utilized in the preparation, development and submittal of
24 a permit application for lateral expansion and associated services pertaining to the City of
25 Denton Landfill (MSW Permit #1590a); authorizing the expenditure of additional funds
26 therefor in an amount not-to-exceed $156,400; providing an effective date (File No. 4683
27 CP&Y Inc. aggregating an amount not-to-exceed $1,092,280).
28
29 Motion was made to approve item 3 by Board Member Cheek with the second by Board
30 Member Bynum. The vote was 6-0 approved.
31
32 Adjournment 10:56 a.m.
ORDINANCE NO. 2014-_______
AN ORDINANCE OF THE CITY OF DENTON TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SECOND AMENDMENT TO PROFESSIONAL SERVICES
FOR FURTHER ENGINEERING SERVICES TO BE UTILIZED IN THE
PREPARATION, DEVELOPMENT AND SUBMITTAL OF A PERMIT APPLICATION FOR
LATERAL EXPANSION AND ASSOCIATED SERVICES PERTAINING TO THE CITY OF
DENTON LANDFILL (MSW PERMIT #1590A); AUTHORIZING THE EXPENDITURE OF
ADDITIONAL FUNDS THEREFOR IN AN AMOUNT NOT-TO-EXCEED $156,400;
PROVIDING AN EFFECTIVE DATE (FILE NO. 4683CP&Y, INC. AGGREGATING AN
AMOUNT NOT-TO-EXCEED $1,092,280).
WHEREAS, on April 25, 2011, the City awarded a Professional Services Agreement for
Ato CP&Y, Inc., Dallas, Texas, in the
amount of $70,000 for professional engineering services regarding the preliminary activities
regarding the future amendment of the landfill permit for the City of Denton Landfill facility (MSW
No. 1590A); said Agreement was approved by the City Manager in accordance with his delegated
authority; and
WHEREAS, on September 6, 2011 by Ordinance No. 2011-140, the Council awarded an
amended Professional Services Agreement for Architect or Engineer to CP&Y
Amendment in the further amount of $865,880 aggregating a not-to-exceed amount of $935,880
for additional services to be rendered on the Landfill Project and to the Solid Waste Department of
the City; and
WHEREAS, there appears to the Council that further professional services must be
completed in order to move the Landfill Project forward to completion; and Staff having
recommended, the Public Utilities Board, having approved, and the City Manager having
recommended to the Council that Professional Services Agreement with
be authorized to amend such Agreements, with
respect to the scope of work and an increase in the payment amount by $156,400; and said fees under
the proposed Second Amendment 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
p; and such fees do not exceed the maximum provided by law; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1.
to Professional Services Agreement with CP&Y, Inc. (the Second Amendment), in substantially
the form that is which
increases the amount of the engagement by and between the City of Denton, Texas and CP&Y, Inc.,
which Agreement is on file in the office of the Purchasing Agent, in the additional amount of
$156,400, which amount is hereby approved; and the expenditure of funds therefor is hereby
authorized in accordance with said Second Amendment. The total purchase order amount therefore
increases to the amount of not-to-exceed $1,092,280.
SECTION 2. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to expend funds and to take any actions that may be required or permitted to be performed
by the City of Denton, Texas under File No. 4683, to the City Manager of the City of Denton, Texas,
or his designee.
SECTION 3. The recitations and statements contained in the preamble hereto are
incorporated herewith as a part of this Ordinance for all purposes.
SECTION 4. This ordinance shall become effective, and is hereby approved on this date.
PASSED AND APPROVED this the day of ___________, 2014.
________________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: _________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: _________________________________
\[ORD-File 4683\]
ConsentAgendaM
AGENDA INFORMATION SHEET
AGENDA DATE: February 18, 2014 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Keith Gabbard 349-7144
ACM: Bryan Langley
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving the expenditure of funds for the purchase of Crafco Polyflex III Sealant from Crafco
Texas, Inc., which is available from only one source in accordance with the pertinent provisions
of Chapter 252 of the Texas Local Government Code exempting such purchases from the
requirements of competitive bidding; and providing an effective date (File 5475-awarded to
Crafco Texas, Inc., in the unit price amount of $0.60 per pound for an annual estimated amount
of $85,000 and a total three (3) year not-to-exceed amount of $255,000).
FILE INFORMATION
The Polyflex III Sealant material is used by the Streets Department to seal cracks in streets and
also extend the life of the streets. Crack sealing prevents water intrusion into the asphalt, which
over a period of time will lead to base failures; creating the need for repaving of streets. This
process diverts the water to the beam of the asphalt instead of allowing it to settle in the base.
Settling further deteriorating the strength and durability of the street. The sealant needs to be
compatible with the micro seal material, which is also used in the crack sealing process. After
applying the Polyflex III Sealant inside the cracks, the micro seal will be applied over the top of
the cracks in the street. Both of these products need to be compatible to ensure superior bonding.
The Polyflex III Sealant is designed for use in the Crafco crack seal machine that is owned by the
Street Department. The manufacturer of the machine recommends the Crafco Polyflex III
Sealant as the brand and type of sealant as the most compatible to the machine. This material is
specifically formulated for the Crafco crack seal machine to provide high quality, consistency,
and ensure optimum performance.
Other products are not guaranteed to be free of metal materials which result in premature wear
and shorten the life of the equipment. When the Streets Department crew has used other
materials in the past, downtime of the crack seal machine increased due to the material not
melting down to the proper consistency in a timely manner. Other brands have taken twice as
long to apply and did not hold up to the standards needed to prevent further damage to the
streets.
Agenda Information Sheet
February 18, 2014
Page 2
FILE INFORMATION (CONTINUED)
Chapter 252 of the Texas Local Government Code exempts from the competitive bid process,
those supplies and resources protected by copyright or patent and available from only one
source. Crafco Texas, Inc. is the only known source of this product and therefore this is
considered a sole source acquisition.
RECOMMENDATION
Award to Crafco Texas, Inc. in the unit price amount of $0.60 per pound for an annual estimated
amount of $85,000, for a three-year not-to-exceed amount of $255,000.
PRINCIPAL PLACE OF BUSINESS
Crafco Texas, Inc.
San Antonio, TX
ESTIMATED SCHEDULE OF PROJECT
This is an initial one 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
This item will be charged to the individual project account as street surfacing projects are
scheduled.
EXHIBITS
Exhibit 1: Sole Source Letter
Exhibit 2: Price Quote
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
1-AIS-File 5475
EXHIBIT 1
EXHIBIT 2
105 TOWER SAN ANTONIO, TEXAS 78232
T F 210.496.2732 www.crafcotexas.com
QUOTATION
To: The City Of Denton 9/30/2013
215 E. McKinney St.
Denton, TX. 76201-4229
Attn: Dale Mitchell
Re: Poly Flex Sealant Quote
We appreciate the opportunity to submit the following quote:
Quantity Description Price
34521 12 Pallets (Approx 32,400lbs) of Crafco Poly Flex111 Sealant $0.60 Per lb.
Delivery drop charge $200.00
Quoted By: Lynn Cherry
Date: 9/30/2013
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF CRAFCO POLYFLEX III SEALANT FROM CRAFCO TEXAS, INC.,
WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE
PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT
CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF
COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 5475-
AWARDED TO CRAFCO TEXAS, INC., IN THE UNIT PRICE AMOUNT OF $0.60 PER
POUND FOR AN ANNUAL ESTIMATED AMOUNT OF $85,000 AND A TOTAL THREE
(3) YEAR NOT-TO-EXCEED AMOUNT OF $255,000).
WHEREAS, Section 252.022 of the Local Government Code provides that procurement
of items that are only available from one source, including; items that are only available from
one source because of patents, copyrights, secret processes or natural monopolies; films,
manuscripts or books; electricity, gas, water and other utility purchases; captive replacement
parts or components for equipment; and library materials for a public library that are available
only from the persons holding exclusive distribution rights to the materials; and need not be
submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in
the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as described
ffice of the Purchasing Agent, and the license
terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
5475 Crafco Texas, Inc. $255,000
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only one source, including, items that
are only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases;
captive replacement parts or components for equipment; and library materials for a public library
that are available only from the persons holding exclusive distribution rights to the materials; and
need not be submitted to competitive bids.
SECTION 3. The acceptance and approval of the above items shall not constitute a
contract between the City and the person submitting the quotation for such items until such
person shall comply with all requirements specified by the Purchasing Department.
SECTION 4. The City Manager is hereby authorized to execute any contracts relating to
the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby
authorized.
SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 5475 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _________ day of ____________, 2014.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ______________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
5475
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND CRAFCO TEXAS, INC.
FILE #5475
THIS CONTRACT is made and entered into this day of ____ A.D.,
2014, by and between Crafco Texas, Incorporated, a corporation, whose address is 105 Tower
Drive, San Antonio, Texas 78232, hereinafter referred to as "Supplier," 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
thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit
"D". 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
(b) City of Denton Standard Terms and Conditions B
(c) Form CIQ Conflict of Interest Questionnaire (Exhibit "C").
(d) (Exhibit "D");
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
FILE 5475 Page 1 of 19
Exhibit A
Special Terms and Conditions
The Quantities indicated on Exhibit D are estimates based upon the best available information.
The City reserves the right to increase or decrease the quantities to meet its actual needs without
any adjustments in the bid price. Individual purchase orders will be issued on an as needed
basis.
Product Changes During Contract Term
The supplier shall not change specifications during the contract term without prior approval.
Any deviation in the specifications or change in the product must be approved in advance by the
City of Denton. Notice of a change shall be submitted in writing to
dentonpurchasing@cityofdenton.com, with the above file number in the subject line, for review.
Products found to have changed specifications without notification, and acceptance, will be
returned
Authorized Distributor
The supplier shall be the manufacturer or authorized distributor of the proposed products. The
distributor shall be authorized to sell to the City of Denton, and make available the
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. At the sole option of the City of Denton,
the contract may be further extended as needed, not to exceed a total of six (6) months.
Price Escalation and De-escalation
The City will implement an escalation/de-escalation price adjustment annually. The
escalation/de-escalation will be based upon the U.S. Energy Information Administration (EIA)
prior 52 week average for Midwest (PADD 2) for retail diesel (on-highway) all types. The
price will be increased or decreased based upon the annual percentage change in the diesel
average. The price adjustment will be determined annually from the award date. Should the
change exceed or decrease a minimum threshold value of +/-1%, then the stated eligible prices
shall be adjusted in accordance with the published price change. The maximum escalation will
not exceed +/- 5% for any individual year. It is the supplier or the Cities responsibility to request
a price adjustment annually in writing. If no request is made, then it will be assumed that the
current price will be in effect. The supplier must submit or make available the
manufacturers pricing sheet used to calculate the bid proposal, to participate in the
escalation/de-escalation clause.
FILE 5475 Page 3 of 19
Total Contract Amount
The contract total shall not exceed $255,000 during the three-year contract term. The unit
pricing shall be per Exhibit D attached.
Delivery Lead Time
Products or services will be delivered seven (7) days after the receipt of order from the City.
FILE 5475 Page 4 of 19
Exhibit B
City of Denton
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
issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller herein after
referred to as the Supplier. Any deviations must be in writing and signed by a represen
Procurement Department and the Supplier. No Terms and Conditions contained in the 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.
By submitting an Offer in response to the Solicitation, the Supplier 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, 11 and 22 shall apply only to a Solicitation to
purchase Ser-of-way.
1. SUPPLIER. The Supplier shall fully and timely provide all deliverables described in the
Solicitation and in the Supplierwith 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. SUPPLIER TO PACKAGE DELIVERABLES: The Supplier 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 Supplier
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 Supplier 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 Supplier 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 shipped F.O.B. point of
delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer,
the Supplier 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 SupplierSupplier
FILE 5475 Page 5 of 19
SubcontrSupplierSupplier
Supplier 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 Supplier shall not have the right to substitute a conforming tender; provided, where the
time for performance has not yet expired, the Supplier 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 Supplier access to the sites where the
Supplier is to perform the services as required in order for the Supplier to perform the services in a timely and
efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Supplier
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 SupplierSupplier 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.
10. WORKFORCE
A. The Supplier shall employ only orderly and competent workers, skilled in the performance of the services which
they will perform under the Contract.
B. The Supplier, 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 Supplier that any worker is incompetent, disorderly or
disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or
was under the influence of alcohol or drugs on the job, the Supplier 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 Supplier 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 Imm
1996.
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Supplier,
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 Supplier 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 Supplier
Environmental Protection: The supplier 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 Supplier 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.
FILE 5475 Page 6 of 19
B. Proper Invoices must include a unique invoice number, the purchase order or delivery order
number and the master agreement number if
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 Supplier
Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Supplier
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 Supplier 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)
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 Supplier 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
Supplier to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Supplier;
ii. third party claims, which are not covered by the insurance which the Supplier is required to
provide, are filed or reasonable evidence indicating probable filing of such claims;
iii. failure of the Supplier to pay Subcontractors, or for labor, materials or equipment;
suppliers, which is not
covered by insurance required to be provided by the Supplier;
v. reasonable evidence that the Supplier
specified in the Contract, and that the unpaid balance would not be adequate to cover actual or
liquidated damages for the anticipated delay;
vi. failure of the Supplier to submit proper invoices with purchase order number, with all required
attachments and supporting
documentation; or
vii. failure of the Supplier 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 Supplier 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 ava
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 Supplier. The City shall
provide the Supplier 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
FILE 5475 Page 7 of 19
by the Supplier, unless otherwise stated in the contract terms.
15. FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Supplier has identified Subcontractors, the Supplier 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 Supplier 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 Supplier, 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 Supplier to comply with the Contract or the terms of any warranty specified herein, (4) arising
from the Supplier
Supplier 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 Supplier 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 Supplier 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 Supplier 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 Supplier 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 Supplier 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
co
such drafts or electronic files are subsequently used to generate or prepare a final printed document.
18. SUBCONTRACTORS:
A. If the Supplier identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Supplier shall comply with all
requirements approved by the City. The Supplier shall not initially employ any Subcontractor except as provided in
the SupplierSupplier 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 Supplier is additionally required to submit a monthly Subcontract Awards and Expenditures
Report to the Procurement Manager, no later than the tenth calendar day of each month.
B. Work performed for the Supplier by a Subcontractor shall be pursuant to a written contract between the Supplier
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 Supplier. 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 Supplier in sufficient time to enable the Supplier 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
FILE 5475 Page 8 of 19
the type and amounts specified for the Supplier, 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 Supplier is
required to indemnify the City.
C. The Supplier shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the
Supplier is responsible for the Supplier'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 Supplier shall pay each Subcontractor its appropriate share of payments made to the Supplier not later than
ten (10) calendar days after receipt of payment from the City.
19. WARRANTY-PRICE:
A. The Supplier warrants the prices quoted in the Offer are no higher than the Supplier's current prices on orders by
others for like deliverables under similar terms of purchase.
B. The Supplier 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 Supplier, or
otherwise recover, any amounts paid for items in excess of the Supplier's current prices on orders by others for like
deliverables under similar terms of purchase.
20. WARRANTY TITLE: The Supplier 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 Supplier shall indemnify and hold the City harmless from and against all adverse title claims to
the deliverables.
21. WARRANTY DELIVERABLES: The Supplier 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
Supplier, to the terms, covenants and 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 Supplier 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 Supplier shall promptly upon receipt of demand either
repair the non-conforming deliverables, or replace the non-conforming deliverables with fully conforming
replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the
Supplier. The City shall endeavor to give the Supplier 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
rights under this section.
D. If the Supplier 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 Supplier, and purchase conforming deliverables from other
sources. In such event, the Supplier 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 Supplier
the Supplier
warranty cannot be fully transferred to the City, the Supplier shall assist and cooperate with the City to the fullest
22. WARRANTY SERVICES: The Supplier 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
FILE 5475 Page 9 of 19
applicable Federal, State and local laws, rules or regulations.
A. The Supplier 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 Supplier 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 Supplier. The City shall endeavor to
give the Supplier written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach
C. If the Supplier 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 Supplier, and purchase conforming services from other sources. In
such event, the Supplier 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 Supplier
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 Supplier.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other
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 Supplier 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 Supplier will cease all work
until notified by the City that the violation or unsafe condition has been corrected. The Supplier shall be liable for all
costs incurred by the City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Supplier shall be in default under the Contract if the Supplier (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 Supplier
submitted by the Supplier to the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Supplier, 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 Supplier, within such ten (10) day period, cures such default, or provides evidence
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 Supplier
-judgment interest at the maximum lawful rate.
Additionally, in the event of a default by the Supplier, the City may remove the Supplier
for three (3) years and any Offer submitted by the Supplier 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
termination, the Supplier 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 Supplier, to the extent of funds Appropriated or
otherwise legally available 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.
FILE 5475 Page 10 of 19
29. FRAUD: Fraudulent statements by the Supplier on any Offer or in any report or deliverable required to be
submitted by the Supplier 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 Supplier 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
Supplier shall negotiate an equitable adjustment for costs incurred by the Supplier in the Contract price and execute
an amendment to the Contract. The Supplier 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 Supplier
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 Supplier,
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 Supplier, the Supplier
include the sale of defective or non-conforming deliverables, negligence, willful misconduct or a breach of
any legally imposed strict liability standard.
B. T HE SUPPLIER SHALL DEFEND (AT THE OPTION OF THE C ITY), INDEMNIFY, AND HOLD THE C ITY, ITS
SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
I NDEMNIFIED C LAIMS D IRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE F AULT
OF THE SUPPLIER, OR THE SUPPLIER'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE
PERFORMANCE OF THE SUPPLIER S OBLIGATIONS UNDER THE C ONTRACT. N OTHING HEREIN SHALL BE
DEEMED TO LIMIT THE RIGHTS OF THE C ITY OR THE SUPPLIER (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 the solicitation document. The successful firm shall procure and maintain insurance of the
types and in the minimum amounts acceptable to the City of Denton. The insurance shall 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 Supplier 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 Supplier
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 Supplier 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 Supplier 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
FILE 5475 Page 11 of 19
of the Supplier hereunder and shall not be construed to be a limitation of liability on the part of the
Supplier.
iv. The Supplier must submit certificates of insurance to the City for all subcontractors prior to the
subcontractors commencing work on the project.
v. The Supplier
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
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
on any policy. It is intended that policies required in the Contract, covering both the City and the Supplier,
shall be considered primary coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the Supplier 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 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 Supplier.
xi. The Supplier 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 Supplier 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 Supplier shall endeavor to provide the City th
minimums
and are not intended to limit the responsibility or liability of the Supplier.
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 Supplier which arises under or
concerns the Contract, or which could have a material adverse affect on the Supplier
the Supplier shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the
Supplier. 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 Supplier shall be sent to the address
specified in the Supplier
FILE 5475 Page 12 of 19
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
Supplier to the City shall become property of the City upon receipt. Any portions of such material claimed by the
Supplier 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.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Supplier represents and warrants to the
City that: (i) the Supplier shall provide the City good and indefeasible title to the deliverables and (ii) the
deliverables supplied by the Supplier 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 Supplier does not know of any valid basis for any such claims. The Supplier 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)
applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party;
or (ii) the SupplierSupplier
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-Supplier
deliverables shall in no way diminish Supplierragraph and the City makes
no warranty that the production, development, or delivery of such deliverables will not impact such warranties of
Supplier.
37. CONFIDENTIALITY: In order to provide the deliverables to the City, Supplier may require access to certain
secrets, confidential know-how, confidential business information, and other information which the City or its
licensors consider confidenSupplier 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 Supplier (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 Supplier promptly
notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate
protective order. The Supplier agrees to use protective measures no less stringent than the Supplier 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 Supplier agrees to disclose such
patentable subject matter to the City. Further, if requested by the City, the Supplier 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 the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Supplier agrees that upon their
creation, such deliverables shall be considered as work made-for-hire by the Supplier 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
deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Supplier
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 of) all worldwide right, title, and interest in and to such
deliverables. With respect to such work made-for-hire, the Supplier agrees to execute, acknowledge, and deliver and
FILE 5475 Page 13 of 19
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 Supplier 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 Supplier
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 Supplier 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 Supplier
City has entered into the Contract, except to the extent required by law.
41. NO CONTINGENT FEES: The Supplier 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 Supplier 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 Supplier, or otherwise recover, the full amount of such commission, percentage,
brokerage or contingent fee.
42. GRATUITIES: The City may, by written notice to the Supplier, cancel the Contract without liability if it is
determined by the City that gratuities were offered or given by the Supplier or any agent or representative of the
Supplier 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 Supplier 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 Supplier shall render the Contract voidable by the
City. The Supplier Attachment B).
44. INDEPENDENT SUPPLIER: The Contract shall not be construed as creating an employer/employee
relationship, a partnership, or a joint venture. The Suppliersupplier. The
Supplier 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 tax, withholding, social security taxes, vacation or sick leave
vision and control of
the Supplier or any employee of the Supplier, and it is expressly understood that Supplier 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.
45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and
the Supplier and their respective successors and assigns, provided however, that no right or interest in the Contract
FILE 5475 Page 14 of 19
shall be assigned and no obligation shall be delegated by the Supplier without the prior written consent of the City.
Any attempted assignment or delegation by the Supplier 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 Supplier 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 Supplier invoice, order or other document shall have any force or effect to
change the terms, covenants, and conditions of the 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 Supplier 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 subject 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 Supplier
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 1, 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. Any void provision shall be
FILE 5475 Page 15 of 19
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
Ne
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas 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:
employment practice. No person shall, on the grounds of race, sex, 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:
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)
The following federally funded requirements are applicable, in addition to the specific federally funded
requirements.
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 Supplier, 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 Supplier, 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
FILE 5475 Page 16 of 19
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. 10a - 10d) 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 Supplier 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 solicitation, 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 supplier or supplier to be licensed by
the State of Texas, any and all fees and taxes are the responsibility of the supplier.
59. PREVAILING WAGE RATES: All suppliers will be required to comply with
discrimination in the employment practices.
http://www.access.gpo.gov/davisbacon/tx.html
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 Supplier 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 Supplier 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: Supplier shall demonstrate on-site compliance with
the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing
with issuance of Form W-2's to common law employees. Supplier is responsible for both federal and State
unemployment insurance coverage and standard Worker's Compensation insurance coverage. Supplier shall ensure
compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
to Supplier or its employees for any Unemployment or Workers' Compensation coverage, or federal or State
withholding requirements. Supplier shall indemnify the City of Denton and shall pay all costs, penalties, or losses
resulting from Supplier's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The supplier 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 supplier
shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be
issued.
FILE 5475 Page 17 of 19
63. SUPPLIER LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Supplier shall be liable
for all damages to government-owned, leased, or occupied property and equipment caused by the Supplier and its
employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any
performance pursuant to the Contract. The Supplier 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 Supplier 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 Supplier will be excused from any further performance or observance of the
requirements so affected for as long as such circumstances prevail and the Supplier continues to use commercially
reasonable efforts to recommence performance or observance whenever and to whatever extent possible without
delay. The Supplier 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
cancel, waive or otherwise affect such right 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 Supplier 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 Supplier 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
Supplier 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.
FILE 5475 Page 18 of 19
EXHIBIT D
105 TOWER SAN ANTONIO, TEXAS 78232
T F 210.496.2732 www.crafcotexas.com
QUOTATION
To: The City Of Denton 9/30/2013
215 E. McKinney St.
Denton, TX. 76201-4229
Attn: Dale Mitchell
Re: Poly Flex Sealant Quote
We appreciate the opportunity to submit the following quote:
Quantity Description Price
34521 12 Pallets (Approx 32,400lbs) of Crafco Poly Flex111 Sealant $0.60 Per lb.
Delivery drop charge $200.00
Quoted By: Lynn Cherry
Date: 9/30/2013
ConsentAgendaN
AGENDA INFORMATION SHEET
AGENDA DATE: February 18, 2014 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Terry Kader at 349-8729
ACM: Bryan Langley
SUBJECT
Consider adoption of an ordinance awarding a contract under the Texas Multiple Award
Schedule (TXMAS) program for the purchase of one (1) backyard digger derrick for the City of
Denton Electric Operations Department as awarded by the State of Texas (Contract TXMAS-11-
23V050); providing for the expenditure of funds therefor; and providing an effective date (File
5470-awarded to Altec Industries, Inc. in the amount of $131,559). The Public Utilities Board
recommends approval (6-0).
BID/RFSP INFORMATION
This item is for the purchase of one (1) Altec Model DB37 backyard digger derrick for Denton
Municipal Electric. This unit was approved in the Fiscal Year 2013-14 budget as a replacement
for a 2005 Skylift Model 33 Plus that has met the
hours requirements. Comparison pricing was requested from three (3) vendors with two (2)
responses received. This equipment is not available from local vendors.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
On February 10, 2014, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
RECOMMENDATION
Award the purchase of an Altec Model DB37 backyard digger derrick to Altec Industries, Inc. in
the amount of $131,559.
PRINCIPAL PLACE OF BUSINESS
Altec Industries, Inc.
St. Joseph, MO
ESTIMATED SCHEDULE OF PROJECT
The purchase and delivery the backyard digger derrick will occur within 120 days of purchase
order issuance.
Agenda Information Sheet
February 18, 2014
Page 2
FISCAL INFORMATION
This item will be funded from account#
603381605.1355.3920. Requisition #117227 has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Comparison sheet
Exhibit 2: Altec TXMAS quote
Exhibit 3: PUB Draft Minutes
Exhibit 4: Ordinance
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
EXHIBIT 2
Opportunity Number:44789
Quotation Number:236187-3
Altec Industries, Inc. Contract #: TXMAS-11-23V050
Date:1/17/2014
Quoted for: CITY OF DENTON
Customer Contact:
Phone: /Fax: /Email:
Quoted by: VICKIE BELL
Phone: 816-236-1264 /Fax: 816-236-1266 /Email: vickie.bell@altec.com
Altec Account Manager: MIKE COVINGTON
REFERENCE ALTEC MODEL
DB3737 ' Digger Derrick - Tracked Backyard$129,586
Per TXMAS Specifications in TXMAS Catalog plus Options below
(A.)TXMAS OPTIONS ON CONTRACT(Unit)
1
2
3
4
5
(A1.)TXMAS OPTIONS ON CONTRACT(General)
1
2
3
4
5
TXMAS OPTIONS TOTAL:$129,586
(B.)OPEN MARKET ITEMS (Customer Requested)
1UNIT
2UNIT & HYDRAULIC ACC
3BODY
4BODY & CHASSIS ACC
5ELECTRICAL
6FINISHING
7CHASSIS
8OTHER
9DELIVERY
OPEN MARKET OPTIONS TOTAL:$0
SUB-TOTAL FOR UNIT/BODY/CHASSIS:$129,586
TXMAS FEE (1.5228%):$1,973
TOTAL FOR UNIT/BODY/CHASSIS:$131,559
(C.)ADDITIONAL ITEMS (items are not included in total above)
1UnitCombined use, platform/material handling bracket$850
2UnitHydraulic tilting pole guides, with hydraulic open/close$1,029
3UnitFeeder Tubes$1,600
**Pricing valid for 45 days**
NOTES
PAINT COLOR: White to match chassis, unless otherwise specified
WARRANTY: 12 months or 12,000 miles parts and labor, 90 days travel charges for chassis and mounted equipment
(parts only for overseas customers).
TO ORDER: To order, please contact the Altec Inside Sales Representative listed above.
CHASSIS: Per Altec Commercial Standard
DELIVERY: No later than 90-120 days ARO, FOB Customer Location
TERMS: Net 30 days
FET TAX: If chassis over 33K GVWR, a 12 % FET may be applied
BEST VALUE: Altec boasts the following "Best Value" features: Altec ISO Grip Controls for Extra Protection, Only Lifetime Warranty on
Structural Components in Industry, Largest Service Network in Industry (Domestic and Overseas), Altec SENTRY Web/CD Based Training,
Dedicated/Direct Gov't Sales Manager, In-Service Training with Every Order.
BUILD LOCATION: MIDWEST - ST. JOSEPH, MO
Quote Number:236187 - 3
Altec, Inc.
EXHIBIT 2
January 17, 2014
Our 85th Year
BRAD WATTS
940-390-8431
Bill To:
CITY OF DENTONCITY OF DENTON
804 TEXAS ST804 TEXAS ST
ATTN: FLEET SERVICESATTN: FLEET SERVICES
DENTON, TX 76209-4350DENTON, TX 76209-4350
USUnited States
236187 - 3
Altec Quotation NumberAltec Sales Order(s):
Michael D Covington
Account Manager:
Vickie L Bell
Inside Sales Rep:
ItemDescriptionQtyPrice
Unit
Altec model DB37 hydraulic derrick, designed for mounting on a tracked carrier with a 1
1.
turntable winch, built in accordance with Altec's standard specifications and to include
the following features:
Maximum sheave height is 36.7 feet (without jib), maximum sheave height is 44.6
A.
feet (with jib), maximum horizontal reach is 30.2 feet, maximum digging radius is
19.5 feet, boom articulation is -6 degrees below horizontal to 75 degrees below
horizontal.
Digger, single-speed, fully proportional, 2,500 ft-lbs (3390 N-m) - includes all of
B.
the components necessary to operate digger (installed).
Winch, mounted at base end of the main boom - 3,800 pound working capacity
C.
(includes cable guides).
Rope, material handling, 1/2 inch x 90 feet - installed, 3,800 pound rating.
D.
Includes eyes at both ends.
Swivel hook/downhaul weight, 2.75 ton capacity.
E.
Continuous rotation is given by worm gear drive rotation, equipped with extended
F.
shaft for manual rotation.
Hydraulic auger release.
G.
Pendant drive controls installed include proportional, independent drive controls
H.
for each track, track extend/retract, hi/low speed, and emergency stop.
Drive control operation from radio or pendant controller.
I.
Start/stop from radio controls and at lower controls.
J.
Five (5) function Hydraulic Overload Protection (HOP) system operates from
K.
lower control station and radio remote. Visible load indicator gauge at operators
platform.
Outrigger/Unit Selector Control: Allows operator to divert hydraulic oil from
L.
machine circuit for outrigger operation. This reduces the potential for inadvertent
outrigger movement during machine operation if outrigger controls are bumped.
Outrigger motion alarm: Provides audible alarm when any of the outriggers are
M.
being hydraulically actuated.
Outrigger/boom interlock system, prevents operation of unit until all outriggers are
N.
lowered.
Tool circuit below rotation: two way, adjustable flow up to 6 GPM @ 2,000 psi.
O.
Tool circuit above rotation: adjustable flow up to 4.5 GMP @ 2,000 psi.
23.5 hp diesel engine and direct drive pump provide hydraulic power for carrier
P.
and unit operation.
Fuel tank, installed, 6 gallon capacity.
Q.
Hydraulic oil reservoir, 16.8 gallon capacity.
R.
Pole carrier, one D ring installed on each outrigger leg (2,000 lb capacity).
S.
Carrier, track driven, skid-steer with retractable tracks and 2 speed hydraulic
T.
We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
Page1 of4
UTILITY EQUIPMENT AND BODIES SINCE 1929
Quote Number:236187 - 3
Altec, Inc.
EXHIBIT 2
ItemDescriptionQtyPrice
piston motors providing max travel speed of 100 feet/minute. Tracks have a
minimum spread of 34" and maximum spread of 46.8" for safe driving on side
slopes of 10 degrees and 15 degrees front to rear.
Insulated, 46 kV and below.
U.
Painted white with Altec's powder coat paint process which is highly resistant to
V.
chipping, scratching, abrasion, and corrosion. Paint is electro-statically applied to
the inside as well as outside of fabricated parts then high temperature cured prior
to assembly ensuring maximum coverage and protection.
Digger derrick conforms to ANSI A10.31-2006.
W.
This product is designed and manufactured in facilities that are certified to meet
X.
ISO 9001 requirements.
ANSI Z535 Safety and Instructional Signs, installed.
Y.
Two (2) Operators and Maintenance/Parts Manuals.
Z.
DB37 - Radio Remote Lower Controls. Operate all Digger Derrick functions and track 1
2.
drive.
Platform docking station for radio controls. 1
3.
No Derrick Tong Protectors 1
4.
Platform - Fiberglass, pin-on, 24 x 24 x 42 nominal. Includes interior/exterior platform 1
5.
access step and mounting bracket. 300 pound platform capacity, platform can be
attached to either side of bracket, provides up to 40 foot working height. (Note:
Requires radio remote controls and docking station).
Outriggers - Four (4) hydraulic operated radial outriggers with pivot shoes. Outriggers 1
6.
are equipped with D-rings to carry up to a 2,000 LB (907 kg) pole on either side of unit,
combined total not to exceed 3,000 lbs. Outrigger spread is 8' 8" at front of machine and
10' 8" at the rear of machine. The distance from front outrigger shoe to rear outrigger
shoe at maximum spread setup is 10' 8".
Jib - Fiberglass, 8 foot material handling (one piece). Manual articulation accomplished 1
7.
utilizing five (5) pinning positions. Includes boom mounting bracket and hardware, pins,
and trailer bracket.
Platform cover - Soft vinyl, 24 x 24 inches (610 x 610 mm). 1
8.
Platform liner - for single, one-man, side mounted fiberglass platform (24 x 24 x 42).1
9.
50kV.
Pole guides, manual tilt and hydraulic open and close. 1
10.
14,000 pound GVWR, tandem axle, steel trailer includes:1
11.
- Full powder coat black paint, 2 x 6 treated wood decking, and tread-plate dovetail.
- Electric brakes, enclosed electrical wiring, LED lighting and 6-way round electric plug
wired to SAE standards.
- Heavy duty full width, split center, spring assist loading ramps with support legs.
- 12K lb. heavy duty jack with drop foot.
- 20k adjustable pintle eye hitch.
- Heavy duty toolbox with locking latch.
- Four (4) D-ring tie downs welded to trailer frame and four (4) heavy duty nylon ratchet
tie down straps.
- Outrigger pad holders.
Black tracks, standard tread.1
12.
We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
Page2 of4
UTILITY EQUIPMENT AND BODIES SINCE 1929
Quote Number:236187 - 3
Altec, Inc.
EXHIBIT 2
ItemDescriptionQtyPrice
(Note: By nature of the material, rubber will crack due to UV and ozone degradation
with age. To minimize this, store tracks or tacked equipment indoors or cover the track
to avoid excessive sunlight exposure.)
Cargo Platform - Maximum weight capacity of 3,000 lbs. 1
13.
Fall protection system - to include one body harness and deceleration type lanyard. 1
14.
Unit & Hydraulic Acc.
Dirt Auger, 18 Inch Diameter, 59 Inches in Length, Flat Teeth 1
15.
HVI-22 Hydraulic Oil (Standard). 25
16.
Body and Chassis Accessories
Outrigger pads - set of four (4), wood, 18" x 18" x 3". 1
17.
Rubber Wheel Chocks, (1 pair), with metal hair pin handle. 1
18.
5 LB Fire Extinguisher With Light Duty Bracket, Shipped Loose 1
19.
Triangular Reflector Kit, Shipped Loose 1
20.
Finishing Details
Focus Factory Build 1
21.
Delivery Of Completed Unit 1
22.
Powder Coat Unit Altec White 1
23.
Apply Non-Skid Paint to all walking surfaces 1
24.
English Safety And Instructional Decals 1
25.
Dielectric test unit according to ANSI requirements. 1
26.
Stability test unit according to ANSI requirements. 1
27.
FA Unit Designator - DB37 1
28.
Additional Pricing
Stock Unit 1
29.
Miscellaneous
Standard Altec Warranty One (1) year parts warranty One (1) year labor warranty Ninety1
30.
(90) days warranty for travel charges Limited Lifetime Structural Warranty
Total131,559.00
We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
Page3 of4
UTILITY EQUIPMENT AND BODIES SINCE 1929
Quote Number:236187 - 3
Altec, Inc.
EXHIBIT 2
Altec Industries, Inc.
BY
Vickie L Bell
Notes:
1RECOMMENDED OPTIONS AND ACCESSORIES: These options are not included in the quote total price.
Selected options will change the quote total. Any options added after initial order will be re-quoted.
1. Combined Use, Platform/Material Handling Bracket.
Add: $850.00
2. Hydraulic Tilting Pole Guides, with hydraulic open and close. This is ILO of the quoted manual tilt.
Add: $1,029.00
3. Feeder Tubes: addition of feeder tubes will give a dedicated line to the digger preventing the operator
from having to disconnect the digger each time after use.
Add: $1,600.00
2Price does not reflect any local, state or Federal Excise Taxes (F.E.T). The quote also does not reflect any
local title or licensing fees. All appropriate taxes will be added to the final price in accordance with
regulations in effect at time of invoicing.
CONTRACT #: TXMAS-11-23V050
We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
Page 4 of 4
UTILITY EQUIPMENT AND BODIES SINCE 1929
EXHIBIT 3
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 February 10, 2014
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into an closed meeting on
7 Monday, February 10, 2014 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901A Texas Street, Denton, Texas.
9
10 Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy
11 Robinson, Phil Gallivan, Leonard Herring and Lilia Bynum
12
13 Absent: Barbara Russell
14
15 Ex Officio Members: Howard Martin, ACM Utilities, George Campbell City Manager
16
17 OPEN MEETING:
18
19 CONSENT AGENDA:
20
21 1) Consider the recommendation of an ordinance of the City of Denton authorizing the City
22 Manager or his designee to execute a contract through the Texas Multiple Award Schedule
23 (TXMAS) Purchasing Program for the acquisition one (1) backyard digger derrick for the
24 Electric Operations Department; and providing an effective date (File 5470- Purchase of
25 one (1) backyard digger derrick from Altec Industries, Inc for $131,559).
26
27 Board Member Herring stated that in the backup it states that staff is suppose to buy all
28 hydraulic lift equipment from Altec with no bids because it has been standardized, is this
29 correct. Terry Kader, Fleets Superintendent, answered yes the City has used several different
30 types of aerial equipment bucket trucks and digger derricks from several different manufacturers
31 and feel that Altec is the best product for across the board use. They also provide the best
32 service as wely are on a contract so they have been competitively
33 bid on State Contracts. Herring clarified that staff automatically purchases from Altec.
34 Kader answered that staff is trying to do that when they have the product that meets the need.
35 Herring asked how often is that bid to see if they are staying competitive. Kader answered
36 that the standardizing has just started in the last year. Board Member Cheek clarified that
37 TXMAS is like the buy board and the vendors have bid to the buy board. All
38 municipalities can see the best price. Kader agreed and stated they have to check the prices
39 annually. Herring verified that staff does see numbers at least once a year from competitive
40 bidders. Kader answered on these contracts they do that.
41
42 Motion was made to approve item 1 by Board Member Herring with the second by Board
43 Member Cheek. The vote was 6-0 approved
44
45 Adjournment 10:56 a.m.
Exhibit 4
ORDINANCE NO. _______
AN ORDINANCE AWARDING A CONTRACT UNDER THE TEXAS MULTIPLE AWARD
SCHEDULE (TXMAS) PROGRAM FOR THE PURCHASE OF ONE (1) BACKYARD DIGGER
DERRICK FOR THE CITY OF DENTON ELECTRIC OPERATIONS DEPARTMENT AS
AWARDED BY THE STATE OF TEXAS (CONTRACT TXMAS-11-23V050); PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(FILE 5470-AWARDED TO ALTEC INDUSTRIES, INC. IN THE AMOUNT OF $131,559).
WHEREAS, pursuant to Resolution 92-019, the Texas Procurement and Support Services
Division 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 Texas Procurement and Support Services Division 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 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:
FILE
NUMBER VENDOR AMOUNT
5470 Altec Industries, Inc. $131,559
SECTION 2. By the acceptance and approval of the above numbered items set forth in File
5470, the City accepts the offer of the persons submitting the bids to the Texas Procurement and
Support Services Division 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 Texas
Procurement and Support Services Division, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in File 5470 wish to enter into a formal written agreement as a result of the City's ratification of bids
awarded by the Texas Procurement and Support Services Division, the City Manager or his
designated representative is hereby authorized to execute the written contract; provided that the
Exhibit 4
written contract is in accordance with the terms, conditions, specifications and standards contained in
the Proposal submitted to the Texas Procurement and Support Services Division, quantities and
specified sums contained in the City's purchase orders, 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 permitted to be performed by the City of Denton
under File 5470 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this ___________day of ______________, 2014.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:___________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
File 5470
ConsentAgendaO
AGENDA INFORMATION SHEET
AGENDA DATE: February 18, 2014 Questions concerning this
acquisition may be directed to
DEPARTMENT: Materials Management Mike Beutner 349-7900
ACM: Bryan Langley
SUBJECT
Consider adoption of an ordinance accepting competitive proposals and awarding a contract for
the purchase of one (1) use of force simulator (funded 100 percent by a United States
Department of Justice Congressionally Selected Award) for the City of Denton Public Safety
Training Facility; providing for the expenditure of funds therefor; and providing an effective date
(RFP 5198-awarded to VirTra Systems, Inc. in the not-to-exceed amount of $278,310).
RFP INFORMATION
Construction on the Denton Public Safety Training Center is almost complete. The new facility
will serve as a training center for both the Denton Police and Fire Departments. The facility will
also serve as a training center for the Denton Coun
lease. Tasked with providing public safety training courses to law enforcement and fire
personnel throughout the area, the facility features four classrooms, six offices, a meeting area, a
break room, a library, a defensive tactics room, a cardio/fitness/weight room, a locker room with
restrooms and shower facilities, storage space, a movable wall area, and two recently purchased
driving simulators. The facility is located in the east end of City Hall East.
In 2010, the Police Department applied for and was awarded $1,000,000 from a Congressionally
Selected Award funded through the United States Department of Justice for equipment to use in
the new training facility. The grant funds are not permitted to fund direct construction. The
original grant award approved a request for a use of force simulator.
Currently, the Denton Police Department does not have a firearms/use of force simulations
program. The purpose is to develop a firearms/use of force
training program for Denton and surrounding agency officers to increase their operational
awareness and fine tune their decision making skills on the force continuum in as realistic as
possible scenarios. Area officers encounter a variety of scenarios in their routine day-to-day
duties that can quickly turn deadly. These scenarios include responding to calls for service such
needs to go b
awareness. More specifically, this program will be geared toward increasing the safety of police
officers, the public, and criminal suspects, through the utilization of advanced technical training
that cannot be practiced or simulated in any other way except by the use of a firearm/use of force
simulator.
Agenda Information Sheet
February 18, 2014
Page 2
RFP INFORMATION (CONTINUED)
VirTra Systems (VirTra) is the sole manufacturer and distributor for the VirTra Systems 300 LE.
Their system is a full 300-degree, five (5) screen firearm/use of force simulator that utilizes High
Density (HD) video portrayed on the five (5) screens simultaneously to provide a seamless
immersive training environment. The software utilized is a Hybrid HD-CGI that is only owned
and operated by VirTra Systems. In addition, many of the components made to work with the
HD five (5)\\ Screen system, such as the Threat-Fire 2 belt system, is owned and manufactured by
VirTra Systems.
On November 5, 2013, the City issued a Request for Proposal (RFP 5198) soliciting proposals
for the purchase and installation of a use of force simulator that would be installed into the
designated area. Submissions under this RFP were due Tuesday, November 26, 2013. Standard
procurement procedures were followed to solicit the proposals. Request for Proposals (RFP)
were sent to fifty five (55) prospective suppliers. Staff could not identify any local suppliers of
this product. In addition, the notice was advertised in the local newspaper, and the specifications
were placed on the City of Denton Materials Management website for prospective suppliers to
download. Two (2) responses were received (Exhibit 1).
Evaluations of the two individual submissions were based on the following scoring criteria:
a) Indicators of Probable Performance under contract (FACTOR: 10%).
Indicators of probable performance under the contract to include: past vendor performance,
financial resources and ability to perform, experience or demonstrated capability and
agreements and support.
b) Delivery Timeframe (FACTOR: 5%).
The delivery time frame for goods after receipt of order (A.R.O)
c) Compliance with Specifications, Quality, Reliability, Characteristics to meet stated or
implied needs (FACTOR 35%).
Compliance with the stated specifications coupled with the quality and reliability of the
goods and services, such as fitness for use that meets or exceeds expectations,
and the characteristics of the product or service that bear on its ability to meet the
stated/implied needs.
d) Price, Total Cost of Ownership (FACTOR: 50%).
The price of the items, to include total cost of ownership, such as installation costs, life cycle
costs, and warranty provisions.
Agenda Information Sheet
February 18, 2014
Page 3
RFP INFORMATION(CONTINUED)
A selection committee consisting of Police Department employees and Materials Management
(advisory only) staff was established to evaluate the submitted proposals using the stated criteria.
The proposal submitted by VirTra provided the best value. A Best and Final Offer was solicited
from VirTra which resulted in a price decrease of $111,815 (Exhibit 2). The decrease was
primarily due to the removal of the pricing for the five (5) year warranty option. Police
Department staff realized that grant funding could not be used for the warranty and therefore
decided to remove this item during negotiations.
The committee noted that while VirTra was higher priced, it also met specifications in several
key areas that the other proposer did not. For
Students will stand upon a floor with amplifiers and speakers underneath them. This allows
w
immersion,VirTra offers borderless screens. Students will feel more immersed in the situation
with borderless screens, and less like they are immersed in a video game. As a final example,
ity owned weapons for use in the
laser based simulator. These kits include extra magazines which will teach reloading skills under
stress and recoil kits to simulate actual feel during fire. Moreover, the instructor will be able to
clear the jam as if in an actual firefight.
across the United States. Committee members conducted onsite inspections of the particular
.
RECOMMENDATION
Staff recommends the award of the purchase of a use of force simulator to VirTra in the notto-
exceed amount of $278,310.
PRINCIPAL PLACE OF BUSINESS
VirTra Systems, Inc.
Tempe, AZ
ESTIMATED SCHEDULE OF PROJECT
The installation of the simulators is estimated be completed within 90 days after the issuance of a
purchase order (official grant approval will first be obtained).
FISCAL INFORMATION
Funding for the purchase of one simulator will be provided by the Department of Justice
Congressionally Selected Awards Program 2010-DD-BX-0002.
Agenda Information Sheet
February 18, 2014
Page 4
EXHIBITS
Exhibit 1: Pricing Sheet
Exhibit 2: Evaluation and Ranking Sheet
Exhibit 3: Ordinance
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
RFP 5198
EXHIBIT 1
RFP 5198 - RFP PRICING SHEET FOR USE OF FORCE SIMULATOR
Proposed Pricing (FOB DESTINATION):
Product DescriptionFAAC, Inc.
ItemQTYUOMVirTra Systems, Inc.
11EA Police Use of Force Training Simulator Package Base Price$ 134,995.00 $ 119,950.00
2 Weapons conversion kits:
2a 1EA Glock 17 Kit$ 2,200.00$ 3,995.00
2b 1EA Glock 19 Kit$ 2,200.00$ 3,995.00
2c 1EA H & K P2000$ 2,200.00$ 3,250.00
2d 1EA Smith & Wesson M & P (.40 cal or 9mm)$ 2,200.00$ 3,250.00
2e 1EA Advanced Tether-less Rifle$ 2,400.00$ 5,995.00
2f 1EA Instructor jamming capability for rifle kit Included$ 2,000.00
2g 1EA TASER Included$ 4,150.00
2h 1EA OC Canister Included$ 2,520.00
2i 1EA Shotgun Insert$ 795.00 $ 3,500.00
Total Required Items$ 146,990.00$ 152,605.00
3 Warranty:
$ -
3a 10YR 10-Year Warranty Option N/A
$ 115,000.00
3b 5YR 5-Year Warranty Option N/A
Included
3c 1YR Single Year Warranty Option$ 7,349.50
$ 1,900.00
4 1ea Delivery, FOB Destination Included
$ 2,700.00
5 1ea Installation at designated site Included
$ 2,700.00
6 1ea Onsite Training for up to Six (6) City Staff Included
Technical Support/Extended Warranty
7$ 24,395.00
1YR
(List annual price only)2 years Included
Total Required Items$ 7,349.50$ 146,695.00
Cost of Additional Products/Services:
$ 2,495.00$ 6,300.00
13 See proposal
Included w/ Base$ 1,740.00
14 See proposal
$ 395.00 $ 6,950.00
15 See proposal
$ 395.00 $ 7,740.00
16 See proposal
$ 395.00 $ 9,990.00
17 See proposal
$ 395.00 $ 8,900.00
18 See proposal
$ 995.00 $ 5,100.00
19 See proposal
N/A$ 3,850.00
20 See proposal
N/A$ 4,240.00
21 See proposal
N/A$ 4,000.00
22 See proposal
N/A$ 2,520.00
23 See proposal
N/A$ 2,340.00
24 See proposal
N/A$ 3,995.00
25 See proposal
N/A$ 3,995.00
26 See proposal
N/A$ 3,250.00
27 See proposal
N/A$ 3,250.00
28 See proposal
N/A$ 5,995.00
29 See proposal
N/A$ 4,150.00
30 See proposal
N/A$ 2,520.00
31 See proposal
$ 5,070.00$ 90,825.00
Total Additional Items
Payment Term Discounts
0.00%0.00%
Invoice Paid in 20 days
0.50%0.00%
Invoice Paid in 15 days
Invoice Paid in 10 days 0.50%0.00%
Estimated Contract Amount $ 159,409.50 $ 390,125.00
Estimated Total Contract Amount w/ Payment Discount $ 158,612.45 $ 390,125.00
90 90
Estimated Delivery ARO (days)
EXHIBIT 2
RFP 5198 - RFP PRICING SHEET FOR USE OF FORCE SIMULATOR - Best and Final Offer (BAFO)
Proposed Pricing (FOB DESTINATION):
VirTra Systems, Inc.VirTra Systems, Inc.
Product DescriptionFAAC, Inc.
ItemQTYUOM
(Original Proposal)(BAFO Proposal)
11EA Police Use of Force Training Simulator Package Base Price$ 134,995.00 $ 119,950.00 $ 145,950.00
2 Weapons conversion kits:
1EA
2a Glock 17 Kit$ 2,200.00$ 3,995.00$ 3,995.00
2b 1EA Glock 19 Kit$ 2,200.00$ 3,995.00$ 3,995.00
1EA
2c H & K P2000$ 2,200.00$ 3,250.00$ 3,250.00
2d 1EA Smith & Wesson M & P (.40 cal or 9mm)$ 2,200.00$ 3,250.00$ 3,250.00
1EA
2e Advanced Tether-less Rifle$ 2,400.00$ 5,995.00$ 5,995.00
2f 1EA Instructor jamming capability for rifle kitIncluded$ 2,000.00 $ 2,000.00
1EA
2g TASERIncluded$ 4,150.00 $ 4,150.00
2h 1EA OC CanisterIncluded$ 2,520.00 $ 2,520.00
1EA
2i Shotgun Insert$ 795.00 $ 3,500.00$ 3,500.00
Total Required Items$ 146,990.00 $ 152,605.00 $ 178,605.00
3 Warranty:
N/A
3a 10YR 10-Year Warranty Option - Removed during negotiations$ 73,495.00 $ -
N/A
5YR
3b 5-Year Warranty Option - Removed during negotiations$ 36,747.50 $ 115,000.00
Included
3c 1YR Single Year Warranty Option$ 7,349.50 Included
$ 1,900.00
1ea
4 Delivery, FOB DestinationIncluded$ 1,900.00
$ 2,700.00
5 1ea Installation at designated siteIncluded$ 2,700.00
$ 2,700.00
1ea
6 Onsite Training for up to Six (6) City StaffIncluded$ 2,700.00
Technical Support/Extended Warranty
7 Included
1YR
(List annual price only)2 years Included$ 24,395.00
Total Required Items$ 7,349.50$ 146,695.00 $ 7,300.00
Cost of Additional Products/Services:
$ 2,495.00$ 6,300.00$ 6,300.00
13 See proposal
Included w/ Base$ 1,740.00 $ 1,740.00
14 See proposal
$ 395.00 $ 6,950.00$ 6,950.00
15 See proposal
$ 395.00 $ 7,740.00$ 7,740.00
16 See proposal
$ 395.00 $ 9,990.00$ 9,990.00
17 See proposal
$ 395.00 $ 8,900.00$ 8,900.00
18 See proposal
$ 995.00 $ 5,100.00$ 5,100.00
19 See proposal
N/A$ 3,850.00 $ 3,850.00
20 See proposal
N/A$ 4,240.00 $ 4,240.00
21 See proposal
N/A$ 4,000.00 $ 6,000.00
22 See proposal
N/A$ 2,520.00 $ 2,100.00
23 See proposal
N/A$ 2,340.00 $ 2,340.00
24 See proposal
N/A$ 3,995.00 $ 3,995.00
25 See proposal
N/A$ 3,995.00 $ 3,995.00
26 See proposal
N/A$ 3,250.00 $ 3,250.00
27 See proposal
N/A$ 3,250.00 $ 3,250.00
28 See proposal
N/A$ 5,995.00 $ 5,995.00
29 See proposal
N/A$ 4,150.00 $ 4,150.00
30 See proposal
N/A$ 2,520.00 $ 2,520.00
31 See proposal
$ 5,070.00$ 90,825.00$ 92,405.00
Total Additional Items
Payment Term Discounts
0.00%0.00%0.00%
Invoice Paid in 20 days
0.50%0.00%0.00%
Invoice Paid in 15 days
0.50%0.00%0.00%
Invoice Paid in 10 days
Estimated Contract Amount $ 159,409.50 $ 390,125.00 $ 278,310.00
Estimated Total Contract Amount w/ Payment Discount $ 158,612.45 $ 390,125.00 $ 278,310.00
90 90 90
Estimated Delivery ARO (days)
EVALUATION
1051010
Probable Performance
5555
Delivery
35103535
Compliance
5050.0028.5028.50
Price = (lowest bid/other bid) x available points
70.0078.5078.50
TOTAL EVALUATED SCORE
ORDINANCE NO. _________
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A
CONTRACT FOR THE PURCHASE OF ONE (1) USE OF FORCE SIMULATOR (FUNDED 100
PERCENT BY A UNITED STATES DEPARTMENT OF JUSTICE CONGRESSIONALLY
SELECTED AWARD) FOR THE CITY OF DENTON PUBLIC SAFETY TRAINING FACILITY;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (RFP 5198-AWARDED TO VIRTRA SYSTEMS, INC. IN THE NOT-TO-
EXCEED AMOUNT OF $278,310).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of one (1) use of force simulator in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
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 in the following numbered request for proposal for materials,
for
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER VENDOR AMOUNT
5198 VirTra Systems, Inc. $278,310
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of the
submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal 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 permitted to be performed by the City of Denton
under the RFP 5198 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:____________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
RFP 5198
ConsentAgendaP
AGENDA INFORMATION SHEET
AGENDA DATE: February 18, 2014 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Elton Brock at 349-7133
ACM: Bryan Langley
SUBJECT
Consider adoption of an ordinance accepting competitive proposals and awarding a contract for
the purchase of Electric Utility Fault Circuit Indicators for the City of Denton Distribution
Center; providing for the expenditure of funds therefor; and providing an effective date (RFP
5432-awarded to Techline, Inc. in the three (3) year not-to-exceed amount of $360,000).
RFP INFORMATION
This RFP is to supply fault circuit indicators which are used by Denton Municipal Electric
(DME). A fault indicator provides a visual indication that fault current has passed through the
indicator position or location. Fault indicators are used by DME because they assist crews in
quickly finding faults or short circuits improving the electrical service restoration time to our
customers during power interruptions. These items will be carried in the Distribution Center
Working Capital inventory.
The RFP requested two different brands for fault indicators. The Power Delivery brand (Exhibit
1 Section A) requires a separate part number for three phase underground applications. The
Smart Grid brand (Exhibit 1 Section B) allows for one part number to be used in both the single
and three phase underground applications. Power Delivery did not offer an overhead fault
indicator. The Smart Grid overhead fault circuit indicator has lights that signal lineman of a fault
or if batteries need to be changed. Both brands will work for DME; however the evaluation team
chose the Smart Grid brand because this product offered the best value for comparable items.
Request for Proposals (RFP) were sent to 215 prospective suppliers, including two (2) Denton
firms. In addition, notice was advertised in the local newspaper, and the specifications were
placed on the City of Denton Materials Management website for prospective suppliers to
download. Three (3) responses were received meeting the minimum qualifications. The pricing
sheet showing all responsive proposers is included as Exhibit 1. Proposals were evaluated based
upon published criteria, including price, delivery and probable performance by the supplier. The
overall scoring matrix with evaluation criteria and Best and Final Offer (BAFO) is included as
Exhibit 2. After reviewing the proposals, the evaluation team recommended the selection of
Techline, Inc. as the company that can offer the City of Denton the best value for these items at
the lowest cost. ings of $9,360 for the
three (3) year contract period.
Agenda Information Sheet
February 18, 2014
Page 2
RECOMMENDATION
Approve a contract for fault indicators with Techline, Inc. in the three (3) year not-to-exceed
amount of $360,000.
PRINCIPAL PLACE OF BUSINESS
Techline, Inc.
Fort Worth, TX.
ESTIMATED SCHEDULE OF PROJECT
This is an initial one 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 items in this RFP will be funded out of the Distribution Center Working Capital account and
charged back to the using department.
EXHIBITS
Exhibit 1: Pricing Sheet
Exhibit 2: Evaluation with Best and Final Offer
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
RFP 5432
ORDINANCE NO. _________
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A
CONTRACT FOR THE PURCHASE OF ELECTRIC UTILITY FAULT CIRCUIT INDICATORS
FOR THE CITY OF DENTON DISTRIBUTION CENTER; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP
5432-AWARDED TO TECHLINE, INC. IN THE THREE (3) YEAR NOT-TO-EXCEED
AMOUNT OF $360,000).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of electric utility fault circuit indicators in accordance with the procedures of State law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
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 in the following numbered request for proposal for materials,
equipment, supplifor
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER VENDOR AMOUNT
5432 Techline, Inc. $360,000
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of the
submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal 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 permitted to be performed by the City of Denton
under the RFP 5432 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:____________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
RFP 5432
ConsentAgendaQ
AGENDA INFORMATION SHEET
AGENDA DATE: February 18, 2014 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Vance Kemler at 349-8044
ACM: Bryan Langley
SUBJECT
Consider adoption of an ordinance accepting competitive proposals and awarding a contract for
the purchase of refuse and recycling containers for the City of Denton Solid Waste Department;
providing for the expenditure of funds therefor; and providing an effective date (RFP 5409-
awarded to Roll-Offs USA, Inc. in the three (3) year not-to-exceed amount of $1,352,352). The
Public Utilities Board recommends approval (6-0).
RFP INFORMATION
The Solid Waste Department purchases commercial containers to service existing and future
commercial and industrial business operations planned within the service area. Current
commercial container inventories are low, therefore additional containers are needed in order for
the Solid Waste Department to provide service to future commercial customers as it is requested.
The additional commercial containers are needed for smaller type developments, as well as for
several larger commercial projects which are planned for completion in the near future. A few of
the major commercial developments which are planned include:
Medical Business Development (Office & Medical)
Continued Expansion of Razor Ranch (Retail)
Hotel and Convention Center (Commercial)
Continued Downtown Development (Office, Residential, and Retail)
As commercial business growth within the community occurs, the Solid Waste Department
provides both refuse and recycling services to the new businesses. Increased need for
commercial containers is also anticipated for expanded commercial recycling, one of the Solid
Requests for Proposals were sent to one hundred twenty (120) prospective suppliers of this item.
In addition, specifications were placed on the Materials Management website for prospective
suppliers to download and advertised in the local newspaper. Staff is not aware of any local
vendors that supply this product. One (1) proposal was received from Roll-Offs USA, Inc.
(Exhibit 1). The proposal was evaluated based upon published criteria including performance,
delivery, quality, reliability, and price (Exhibit 1). Based upon this evaluation, and the
quality products to the City, Roll-Offs USA, Inc. was determined
to be the best value for the City.
Agenda Information Sheet
February 18, 2014
Page 2
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
On February 10, 2014, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
RECOMMENDATION
Award to Roll-Offs USA, Inc. in the three (3) year not-to-exceed amount of $1,352,352.
PRINCIPAL PLACE OF BUSINESS
Roll-Offs USA, Inc.
Durant, OK
ESTIMATED SCHEDULE OF PROJECT
This is an initial one 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
These services will be funded from commercial operating accounts and also Bond funds on an as
needed basis.
EXHIBITS
Exhibit 1: Pricing Sheet and Evaluation
Exhibit 2: Public Utilities Board Draft Minutes
Exhibit 3: Ordinance
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
File 5409
EXHIBIT 1
City of Denton
RFP 5409
Supply of Steel Refuse Collection Containers
12/5/2014
Roll Offs USA
Pricing Tabulation and Evaluation
Druant, OK
MINIMUM
SINGLE ORDER Estimated
Item #
Product DescriptionDescription 2
QTY FOR Delivery ARO
EST. ANNUAL
QTY
SHIPMENT(Days)
UOMUnit PriceExtended Price
SECTION A- FRONT LOAD CONTAINERS
N/A20EA 3 CUBIC YARDGREEN CONTAINER$499.00$ 9,980.003014 days
N/A50EA 4 CUBIC YARDGREEN CONTAINER$559.00$ 27,950.002014 days
N/A20EA 6 CUBIC YARD SLANT TOPSAFETY BLUE RECYCLE CONTAINER$705.00$ 14,100.001414 days
N/A40EA 6 CUBIC YARD SLANT TOPGREEN CONTAINER$705.00$ 28,200.001414 days
N/A30EA 6 CUBIC YARD LOW PROFILEGREEN CONTAINER$721.00$ 21,630.001614 days
N/A30EA 6 CUBIC YARD HIGH PROFILEGREEN CONTAINER$730.00$ 21,900.001114 days
N/A20EA 8 CUBIC YARD SLANT TOPSAFETY BLUE RECYCLE CONTAINER$826.00$ 16,520.00814 days
N/A12EA 8 CUBIC YARD SLANT TOPGREEN CONTAINER$826.00$ 9,912.00814 days
N/A50EA 8 CUBIC YARD LOW PROFILEGREEN CONTAINER$846.00$ 42,300.00914 days
N/A13EA 8 CUBIC YARD HIGH PROFILEGREEN CONTAINER$846.00$ 10,998.00914 days
N/A10EA 10 CUBIC YARD HIGH PROFILESAFETY BLUE RECYCLE CONTAINER$1,250.00$ 12,500.00914 days
SECTION B- SIDE LOAD CONTAINERS
N/A36EA 3 CUBIC YARDGREEN CONTAINER$448.00$ 16,128.003614 days
N/A36EA 3 CUBIC YARDSAFETY BLUE RECYCLE CONTAINER$448.00$ 16,128.003614 days
N/A28EA 4 CUBIC YARDGREEN CONTAINER$488.00$ 13,664.002814 days
N/A28EA 4 CUBIC YARDSAFETY BLUE RECYCLE CONTAINER$488.00$ 13,664.002814 days
SECTION C- ROLL OFF OPEN TOP CONTAINERS
N/A10EA 15 CUBIC YARDGREEN CONTAINER$3,400.00$ 34,000.00514 days
N/A5EA 15 CUBIC YARDSAFETY BLUE RECYCLE CONTAINER$3,400.00$ 17,000.00514 days
N/A10EA 20 CUBIC YARDGREEN CONTAINER$3,600.00$ 36,000.00514 days
N/A5EA 20 CUBIC YARDSAFETY BLUE RECYCLE CONTAINER$3,600.00$ 18,000.00514 days
N/A10EA 30 CUBIC YARDGREEN CONTAINER$4,100.00$ 41,000.00514 days
N/A5EA 30 CUBIC YARDSAFETY BLUE RECYCLE CONTAINER$4,100.00$ 20,500.00514 days
SECTION D- ADDITIONAL LIDS
N/AEA FRONT LOAD 3 CUBIC YARD$22.005014 days
N/AEA FRONT LOAD 4 CUBIC YARD$22.005014 days
N/AEA FRONT LOAD 6 CUBIC YARD$27.005014 days
N/AEA FRONT LOAD 8 CUBIC YARD$27.005014 days
N/AEA FRONT LOAD 10 CUBIC YARD$27.005014 days
25065822EA SINGLE WALL LID 36"X58"$27.005014 days
SECTION E- REPLACEMENT FLOORS
4506581210EA DUMPSTER FLOOR 49"X59"X6"10 GUAGE STEEL$160.00$ 1,600.005014 days
4506581410EA DUMPSTER FLOOR 43"X73"X6"10 GUAGE STEEL$185.00$ 1,850.005014 days
4506581610EA DUMPSTER FLOOR 73"X73"X6"10 GUAGE STEEL$258.00$ 2,580.005014 days
4506581810EA DUMPSTER FLOOR 81"X73"X6"10 GUAGE STEEL$268.00$ 2,680.005014 days
SECTION F - RODS
45065800EA DUMPSTER LID ROD .05"X61.5"$6.0010014 days
45065801EA DUMPSTER LID ROD .05"X76"$7.0010014 days
EXHIBIT 2
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 February 10, 2014
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into an closed meeting on
7 Monday, February 10, 2014 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901A Texas Street, Denton, Texas.
9
10 Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy
11 Robinson, Phil Gallivan, Leonard Herring and Lilia Bynum
12
13 Absent: Barbara Russell
14
15 Ex Officio Members: Howard Martin, ACM Utilities, George Campbell City Manager
16
17 OPEN MEETING:
18
19 CONSENT AGENDA:
20
21 5) Consider recommending approval to award the purchase of front load, side load, and open-
22 top refuse and recycling containers, and replacement lids and bottoms to Roll-Offs USA,
23 Inc., for an estimated three year total of $1,352,352.00.
24
25 Motion was made to approve item 5 by Board Member Cheek with the second by Board
26 Member Bynum. The vote was 6-0 approved.
27
28 Adjournment 10:56 a.m.
ORDINANCE NO. _________
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A
CONTRACT FOR THE PURCHASE OF REFUSE AND RECYCLING CONTAINERS FOR THE
CITY OF DENTON SOLID WASTE DEPARTMENT; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5409-AWARDED TO
ROLL-OFFS USA, INC. IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF
$1,352,352).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of front load, side load and open top refuse and recycling containers , and replacement
lids and bottoms, in accordance with the procedures of State law and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
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 in the following numbered request for proposal for materials,
for
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER VENDOR AMOUNT
5409 Roll-Offs USA, Inc. $1,352,352
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of the
submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal 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 permitted to be performed by the City of Denton
under the RFP 5409 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2014.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:____________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
RFP 5409
Exhibit A
Special Terms and Conditions
The Quantities indicated on Exhibit D are estimates based upon the best available information.
The City reserves the right to increase or decrease the quantities to meet its actual needs without
any adjustments in the bid price. Individual purchase orders will be issued on an as needed
basis.
Product Changes During Contract Term
The supplier shall not change specifications during the contract term without prior approval.
Any deviation in the specifications or change in the product must be approved in advance by the
City of Denton. Notice of a change shall be submitted in writing to
dentonpurchasing@cityofdenton.com, with the above file number in the subject line, for review.
Products found to have changed specifications without notification, and acceptance, will be
Authorized Distributor
The supplier shall be the manufacturer or authorized distributor of the proposed products. The
distributor shall be authorized to sell to the City of Denton, and make available the
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. At the sole option of the City of Denton,
the contract may be further extended as needed, not to exceed a total of six (6) months.
Price Escalation and De-escalation
The City will implement an escalation/de-escalation price adjustment annually. The
escalation/de-escalation will be based upon manufacturer published pricing sheets to the vendor.
The price will be increased or decreased based upon the annual percentage change in the
date. Should the change exceed or decrease a minimum threshold value of +/-1%, then the stated
eligible bid prices shall be adjusted in accordance with the published price change. It is the
supplier or the Cities responsibility to request a price adjustment annually in writing. If no
request is made, then it will be assumed that the bid price will be in effect. The supplier must
submit or make available the manufacturers pricing sheet used to calculate the bid
proposal, to participate in the escalation/de-escalation clause.
Total Contract Amount
The contract total shall not exceed $1,352,352.Pricing shall be per Exhibit D attached.
RFP 5409
ConsentAgendaR
CITY OF DENTON CITY COUNCIL MINUTES
January 7, 2014
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, January 7, 2014 at 3:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht,
Council Member Gregory, Council Member King, Council Member Roden, and
Council Member Hawkins.
ABSENT: None
1.
Citizen Comments on Consent Agenda Items
Carol Beckham stated that she was speaking for Mr. Helms who was opposed to the amount of
the offer as noted in Consent Agenda M. They had submitted a counteroffer and she wanted to
make sure that it was received by the City. They had been through condemnations before and if
that was what was necessary, then that was what they would go through.
Wilma Haggard spoke regarding Consent Agenda Item L. She asked why she had not received a
notice regarding the council meeting.
2. Requests for clarification of agenda items listed on the agenda for January 7, 2014.
Council Member Gregory asked for a staff member to explain the procedures when making
offers for property.
Paul Williamson, Real Estate and Capital Support Manager, stated that staff would get an
authorization from Council to extend offers to the property owner. Staff needed authorization to
engage the property owners. The State statutes required the City to make an offer to the property
owners which the property owner could accept.
Council Member Gregory asked about the process for notification of the property owners and
how the value of the property was determined.
Williamson explained the process for notification and how the property value was determined
based on an appraisal.
Council Member Gregory stated that the maps in the backup materials for Consent Items O and P
showed houses on the properties. If the sale was completed, he questioned what would happen
to the structures.
Williamson stated that one of homes had a tenant who would be eligible for relocation
assistance. He would be able to remain in the home until the lease expired.
Council Member Gregory suggested considering moving the homes to another location for
renovation such as through Habitat for Humanity.
Council Member Roden felt that it was a good move to include the Superintendent of ISD on the
EDP Board as indicated in Consent Agenda I but questioned why it would be an ad hoc position
and not a full voting member.
City of Denton City Council Minutes
January 7, 2014
Page 2
Mayor Burroughs stated that it was his suggestion to have a representative of the ISD on the
Board. It was his understanding that they did not participate in the economic incentive
programs. However, the purpose of the position was recognized to be complimentary to use
ISD resources to attract business but not necessarily to engage in an active program to
committing resources.
3. Receive a report, hold a discussion and give staff direction on the initiation of the
Better Block Program.
Brian Lockley, Director of Planning and Development, presented the background information on
the issue which was a follow-up to the discussion held in September. He reviewed a summary of
the event, the process for Denton, timeframe, cost and project details. He also reviewed the
summary of the public meeting held on August 21, 2013. The process for the event included an 8
step process which would take about 3-4 months. The cost of the program was $40,000. Each
phase contained project descriptions and specific deliverables.
Lockley reviewed the Better Block program which was done by the City of Fort Worth.
However, it would be different in Denton as the Fort Worth program centered more on
activities of the city rather than the future of the area.
Suggested Better Block Demonstration project locations were shown which were located around
the City. Each location would have to be studied in order to get the most out of the funding for
the project. The amount of time spent from staff in relation to the actual cost would be less as
the consultant would be performing many of the tasks.
Council Member Roden asked if there were locations staff had in mind that the community also
had in mind.
Lockley stated that he would like to focus on the downtown area due to the current revitalization
of the area.
Council Member Roden asked if the consultant would do a walkthrough on how a final decision
would be made on a site between community members, staff and the consultant.
Lockley stated that they would look at a number of different options and present those to Council
for a decision. The location would be prioritized for Council discussion and the community
would decide on the final location.
Mayor Pro Tem Kamp asked if the consultant had done another project in a different city
Lockley replied yes. He noted that the price depended on the activities that were proposed.
Mayor Pro Tem Kamp stated that she supported the project but had a problem with the $40,000
cost. She questioned if the funds could be used better on the final project rather than the
consultant. She asked who organized the volunteers.
Lockley stated that there was a lot of interest already but that the consultant organized the
community members and took the lead.
City of Denton City Council Minutes
January 7, 2014
Page 3
Council Member Hawkins questioned if the City wanted to do this every year, how the
consultant would be involved.
Lockley stated that this was a one-time event and if done again, there would be another fee
associated with another event.
Council Member Engelbrecht questioned who selected the metrics.
Lockley stated the list shown was not the entire list that could be used. The most appropriate
metrics used would be based on the site selected. He continued that staff recommended
proceeding with the initiation of the Better Block Program.
Council Member Roden asked how this fit in with other neighborhood service goals.
Lockley stated that neighborhood services was still getting off the ground. Ultimately it would
become a part of the neighborhood services. It could also be used in the comprehensive plan area
as well.
Mayor Burroughs asked how the Better Block would compare to the small area plans as those
had not been used for a while.
Lockley stated that it was a more dynamic and useful tool than a small area plan. A small
area plan was more to prevent something from happening in the neighborhood rather than
something to enhance a neighborhood.
Mayor Pro Tem Kamp stated that as she looked at the program she felt it would not go into a
residential neighborhood but rather be something done downtown which would be her support
for the community. Later something could be done in the residential areas.
Mayor Burroughs felt that a small area plan did not work with mixed uses in the
neighborhoods. The Better Block program would work with the neighborhoods for mixed uses
for economic vitality and walkability in the neighborhoods.
Council discussed the walkability of the City and whether a Better Block program would
increase and better enhance the accessibility of the area.
Council Member Engelbrecht suggested contacting the local neighborhood groups regarding the
concept.
Consensus of the Council was to proceed with the proposal.
4. Receive a report, hold a discussion and give staff direction regarding the naming of the
Center for Visual Arts.
John Cabrales, Assistant City Manager, stated that a letter had been received from the Chamber
of Commerce indicating that they were looking at ways to formally recognize Roy Appleton, Jr.
in the city of Denton. The application was submitted by Mayor Burroughs and Council Member
King for the naming for Center for Visual Arts after Mr. Appleton. There had been
City of Denton City Council Minutes
January 7, 2014
Page 4
conversations between the Greater Denton Arts Council (GDAC) and the Chamber. The GDAC
indicated in a letter that it was not in favor of the request from the Chamber.
Mayor Pro Tem Kamp stated that she knew Mr. Appleton very well and was in support of
naming something after him. She questioned the suggestion of the CVA and not some other
facility.
Mayor Burroughs stated had been the subject of a lot of discussion at the Chamber. Because of
the nature of Mr. Appleton’s involvement in the City, the Chamber was trying to determine the
right building. It was not a building that defined Mr. Appleton but a facility that would
convey a building of great importance for the citizens.
Cabrales stated that staff was researching the contract with the GDAC to determine who had
naming rights. The Board was wanting to work with the Chamber and the City for a resolution.
Council Member Roden stated that the process required that a nominator come forward with a
name and building. He suggested that to start the process a committee be appointed with a
charge to help vet additional possibilities for a location.
Cabrales stated that the naming policy had a procedure for Council to establish a committee to
review locations. Council could also waive any portion of the policy in the process.
Council Member Gregory agreed that Mr. Appleton was worthy of naming a city facility. He did
not want it to be controversial. He questioned if there should be a bit more research done on the
naming for an agreeable process.
Council Member Hawkins agreed.
Council Member Engelbrecht felt that the Center for Visual Arts and Mr. Appleton was a good
fit as both were creative.
Council Member King felt that there should be a way to find a peaceful method to get this
building named for Mr. Appleton.
Mayor Burroughs felt that the direction from Council was to request the GDAC consider
supporting the application and give feedback after their next meeting.
Council Member Roden suggested getting their feedback on how to incorporate the name into
the brand of CVA.
Following the completion of the Work Session, the Council convened into a Closed Meeting to
consider the items listed below.
1. Closed Meeting:
A. Consultation with Attorney - Under Texas Government Code Section 551.071
1. Consult with and provide direction to City’s attorneys regarding legal
issues and strategies associated with Gas Well Ordinance regulation of gas
well drilling and production within the City Limits and the extraterritorial
City of Denton City Council Minutes
January 7, 2014
Page 5
jurisdiction, including Constitutional limitations, statutory limitations
upon municipal regulatory authority, statutory preemption and/or impacts
of federal and state law and regulations as it concerns municipal
regulatory authority and matters relating to enforcement of the ordinance.
B. Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
1.Discuss, deliberate, and receive information from staff and provide
staff with direction pertaining to the acquisition of real property interests
located (1) in the M.E.P. & P. R.R. Co. Survey, Abstract No.1469,
located generally in the 1500 block of North Mayhill Road; (2) in the
Gideon Walker Survey, Abstract No. 1330, located generally in the 700,
800 and 900 blocks of South Mayhill Road; and (3) in the David Hough
Survey, Abstract Number 646 and the John B. Brandon Survey, Abstract
No. 1515, located generally within the 1400 through 2100 block range of
South Mayhill Road, all tracts located in the City of Denton, Denton
County, Texas. Consultation with the City’s attorneys regarding legal
issues associated with the acquisition or condemnation of the real property
interests referenced above where 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 any administrative proceeding or potential
litigation. (Mayhill Road Widening and Improvements project &
Municipal Landfill)
2. Discuss, deliberate, and receive information from staff and provide
staff with direction pertaining to the potential purchase of certain real
property interests located in the James Perry Survey, Abstract No.
1040, John Scott Survey, Abstract No. 1222, John Bacon Survey, Abstract
No. 1541, and the John Davis Survey, Abstract No. 326, City of Denton,
Denton County, Texas, and generally located along Western Boulevard
between Airport Road and Jim Christal Road. Consultation with the City’s
attorneys regarding legal issues associated with the potential acquisition
and condemnation of the real property described above where 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 any administrative
proceeding or potential litigation.
3. Discuss, deliberate, and receive information from staff and provide
staff with direction pertaining to the sale of real property interests in the
William Neill Survey, Abstract 971, Denton County, Texas, being
generally located at 221 N. Elm Street and 217 W. McKinney Street.
Consultation with the City’s attorneys regarding legal interests related to
this matter where a public discussion of these legal issues would conflict
City of Denton City Council Minutes
January 7, 2014
Page 6
with the duty of the City’s attorneys to the City of Denton and the Denton
City Council under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas, or would jeopardize the City’s legal position
in any administrative proceeding or potential litigation.
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.
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. Proclamations/Awards
1.UNT Heart of Dallas Bowl Win Proclamation
This proclamation was not considered that this meeting.
2. Peterbilt Motors Company 75th Anniversary Proclamation
Mayor Burroughs presented the proclamation for Peterbilt Motors and their 75th anniversary.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1) Lee Allison regarding Mission Street paving exaction.
Mr. Allison spoke regarding a Mission Street Paving exaction. He requested that Council
reconsider the exaction variance for the property. He felt there were inequities in the analysis of
the proportionality for the exaction fee. He requested that an appeal for the exaction be reopened
in order to be fairer in the exaction.
4. CONSENT AGENDA
Council Member Hawkins motioned, Mayor Pro Tem Kamp seconded to adopt the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote, Mayor Burroughs
"aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member
Gregory "aye", Council Member King "aye", Council Member Roden "aye", and Council
Member Hawkins "aye". Motion carried unanimously.
Ordinance No. 2014-001
A. Consider adoption of an ordinance of the City of Denton, Texas approving and
authorizing the Mayor to execute an Interlocal Ambulance Agreement between
the City of Denton and Denton County for ambulance services; and declaring an
effective date.
City of Denton City Council Minutes
January 7, 2014
Page 7
Ordinance No. 2014-002
B. Consider adoption of an ordinance of the City of Denton, Texas approving and
authorizing the Mayor to execute an Interlocal Fire Protection Agreement
between the City of Denton and Denton County for fire protection services; and
declaring an effective date.
Ordinance No. 2014-003
C. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a lease agreement by and between the City of Denton,
Texas and Denton County Archers, a Texas not-for-profit corporation; and
providing an effective date. The Public Utilities Board recommends approval (6-
0).
Ordinance No. 2014-004
D. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a contract with the Houston-Galveston Area
Council of Governments (H-GAC) Cooperative Purchasing Program for the
acquisition of one (1) Aerial Fire Truck for the City of Denton Fire Department;
and providing an effective date (File 5437-Purchase of one (1) Aerial Fire Truck
from Siddons-Martin Emergency Group in the amount of $1,406,673).
Ordinance No. 2014-005
E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a Professional Services Agreement for professional
engineering services in support of the development and implementation of a
Roadway Impact Fee and Rough Proportionality Policy for the City of Denton
with Kimley-Horn and Associates, Inc. in an amount not-to-exceed $276,500;
providing for the expenditure of funds therefor; and providing an effective date
(File 5436-awarded to Kimley-Horn and Associates, Inc.).
Ordinance No. 2014-006
F. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the purchase of a HazMat ID Elite Command System
for the City of Denton Police and Fire Departments (Funded 100 percent through
the 2012 Homeland Security Grant Program), which is available from only one
source and in accordance with Chapter 252.022 of the Texas Local Government
Code such purchases are exempt from the requirements of competitive bidding;
and providing an effective date (File 5443-awarded to Smiths Detection in the
not-to-exceed amount of $54,950).
Ordinance No. 2014-007
G. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the purchase of seven (7) Throwbot XT
Reconnaissance Robot Audio Kits for the City of Denton Police and Fire
Departments (Funded 100 percent through the 2012 Homeland Security Grant
Program), which is available from only one source and in accordance with
Chapter 252.022 of the Texas Local Government Code such purchases are exempt
from the requirements of competitive bidding and providing an effective date
City of Denton City Council Minutes
January 7, 2014
Page 8
(File 5444-awarded to ReconRobotics, Inc. in the not-to- exceed amount of
$99,190).
Ordinance No. 2014-008
H. Consider adoption of an ordinance authorizing the City Manager to execute a
Cooperative Purchasing Program Agreement with the City of Cedar Hill, Texas
under Section 271.102 of the Local Government Code, to authorize mutual
participation in various City of Cedar Hill and City of Denton contracts for the
purchase of various goods and services; authorizing the expenditure of funds
therefor; and declaring an effective date (File 5430- Cooperative Purchasing
Agreement with City of Cedar Hill).
Approved the minutes listed below.
I.Consider approval of the minutes of:
November 19, 2013
November 22, 2013
Ordinance No. 2014-009
J. Consider adoption of an ordinance amending Ordinance No. 2003-258, as
amended by Ordinance 2011-042, relating to the Economic Development
Partnership Board ("the Board") to add to the membership of the Board; repealing
all conflicting ordinances and portions thereof; and providing an effective date.
Ordinance No. 2014-010
K. Consider adoption of an ordinance finding that a public use and necessity
exists to acquire (I) fee simple to a 7.393 acre tract (the "Mayhill Tract"); (II) fee
simple to a 4.508 acre tract (the "Landfill Tract"); and (III) a Slope Easement
(herein so called), encumbering a 0.804 acre tract, each affected tract located in
the John B. Brandon Survey, Abstract Number 1515, City of Denton, Denton
County, Texas, as more particularly described on Exhibit "A", attached to the
ordinance and made a part thereof, located generally in the 1400 block of South
Mayhill Road (the "Property Interests"), for (A) as concerns the Mayhill tract and
the Slope Easement, the public use of expanding and improving Mayhill Road,
a municipal street and roadway; and (B) as concerns the Landfill Tract, for the
public use of expanding and improving the City of Denton Landfill, a permitted
municipal Solid Waste disposal facility; authorizing the City Manager or his
designee to make an offer to (1) Cynthia Bond Ables, John Henry Bond, III,
Jean Doye Stokes and Wayne Stokes, a married couple, Joe P. Doye, Jr. A/K/A
Joseph Pierre Doye, Jr. Patricia Ann Doye A/K/A Patricia Doye Kendall
(collectively, the "Owner"); (2) successors in interest to the owner to the Property
Interests; or (3) any other owners of the Property Interests, as may be applicable,
to purchase the Property Interests for the purchase price of Seven Hundred Eighty
Five Thousand Thirty Six Dollars and No Cents ($785,036.00), and other
consideration, as prescribed in the Purchase Agreement (the "Agreement"), as
attached to the ordinance and made a part thereof Exhibit "B"; authorizing the
expenditure of funds therefor; authorizing relocation expenditures; and providing
an effective date. (Mayhill Road Widening and Improvements project - Bond et al
– Parcel M134)
City of Denton City Council Minutes
January 7, 2014
Page 9
Ordinance No. 2014-011
L. Consider adoption of an ordinance finding that a public use and necessity
exists to acquire (I) fee simple to a 1.029 acre tract (the "Mayhill Tract"); (II) fee
simple to a 0.624 acre tract (the "Landfill Tract"); and (III) a Slope Easement
(herein so called), encumbering a 0.076 acre tract, each affected tract located in
the David Hough Survey, Abstract Number 646, City of Denton, Denton County,
Texas, as more particularly described on Exhibit "A", attached to the ordinance
and made a part thereof, located generally in the 1900 block of South Mayhill
Road (the "Property Interests"), for (A) as concerns the Mayhill Tract and the
Slope Easement, the public use of expanding and improving Mayhill Road, a
municipal street and roadway; and (B) as concerns the Landfill Tract, for the
public use of expanding and improving the City of Denton Landfill, a permitted
municipal solid waste disposal facility; authorizing the City Manager or his
designee to make an offer to (1) Wilma M. Haggard (The "Owner"); (2)
Successors in interest to the owner to the Property Interests; or (3) any other
owners of the Property Interests, as may be applicable, to purchase the Property
Interests for the purchase price of One Hundred Thirty Three Thousand Eight
Hundred Fifty Nine Dollars and No Cents ($133,859.00), and other consideration,
as prescribed in the Purchase Agreement (the "Agreement"), as attached to the
ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of
funds therefor; and providing an effective date. (Mayhill Road Widening and
Improvements project - Haggard - Parcel M136)
Ordinance No. 2014-012
M. Consider adoption of an ordinance finding that a public use and necessity
exists to acquire (I) fee simple to a 7.628 acre tract (the "Mayhill Tract"); (II) fee
simple to 2.276 acres (the "Landfill Lands"); and (III) a Drainage Easement
(herein so called), encumbering 0.196 acre, all lands located in the David Hough
Survey, Abstract Number 646, City of Denton, Denton County, Texas, as
more particularly described on Exhibit "A", attached to the ordinance and made a
part thereof, located generally in the 2100 block of South Mayhill Road (the
"Property Interests"), for (A) as concerns the Mayhill Tract and the Drainage
Easement, the public use of expanding and improving Mayhill Road, a
municipal street and roadway; and (B) as concerns the Landfill Lands, for the
public use of expanding and improving the City of Denton Landfill, a permitted
municipal solid waste disposal facility; authorizing the City Manager or his
designee to make an offer to (1) Kevin Nelms and Richard and wife, Nancy Greb
(collectively, the "Owner"); (2) successors in interest to the owner of the to the
Property Interests; or (3) any other owners of the Property Interests, as may be
applicable, to purchase the Property Interests for the purchase price of Eight
Hundred Sixty Seven Thousand Three Hundred Forty Seven Dollars and No
Cents ($867,347.00), and other consideration, as prescribed in the Purchase
Agreement (the "Agreement"), as attached to the ordinance and made a part
thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and
providing an effective date. (Mayhill Road Widening and Improvements project -
Nelms/Greb - Parcel M137 & M138)
City of Denton City Council Minutes
January 7, 2014
Page 10
Ordinance No. 2014-013
N. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a Purchase Agreement, by and between the City of Denton, Texas
("City"), as Buyer, and Jerry M. Kelsoe (the "Owner"), as Seller, to acquire (I) fee
simple to a 0.216 acre tract; and (II) a temporary construction, grading and
access easement, encumbering a 0.152 acre tract, all tracts situated in the M.E.P.
& P.R.R. Co. Survey, Abstract No. 1469, located in the City of Denton, Denton
County, Texas, and being generally located in the 1500 block of North Mayhill
Road; for the purchase price of Three Hundred Thirty Nine Thousand Two
Hundred Forty Five Dollars and No Cents ($339,245.00), and other consideration,
as prescribed in the Purchase Agreement (the "Agreement"), as attached to the
ordinance and made a part thereof as Exhibit "A", authorizing the expenditure of
funds therefor; authorizing relocation expenditures; and providing an effective
date. (Mayhill Road Widening and Improvements project - Kelsoe Parcel M024)
Ordinance No. 2014-014
O. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a Contract of Sale, by and between the City of Denton, Texas ("City"),
as Buyer, and Shiron Investments, LLC, a Texas limited liability company (the
"Owner"), as Seller, to acquire fee simple to a 0.418 acre tract situated in the
Gideon Walker Survey, Abstract No. 1330, located in the City of Denton,
Denton County, Texas, and being generally located at 781 and 801 South
Mayhill Road; for the purchase price of One Hundred Sixty Thousand Dollars and
No Cents ($160,000.00), and other consideration, as prescribed in the Contract of
Sale (the "Agreement"), as attached to the ordinance and made a part thereof as
Exhibit "A", authorizing the expenditure of funds therefor; authorizing relocation
expenditures; and providing an effective date. (Municipal Landfill Acquisition
Tract)
Ordinance No. 2014-015
P. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a Contract of Sale, by and between the City of Denton Texas
("City"), as Buyer, and Shiron Investments, LLC, a Texas limited liability
company (the "Owner"), as Seller, to acquire fee simple to a 2.141 acre tract
situated in the Gideon Walker Survey, Abstract No. 1330, located in the City of
Denton, Denton County, Texas, and being generally located at 961 S. Mayhill
Road; for the purchase price of Five Hundred Ninety Thousand Dollars and No
Cents ($590,000.00), and other consideration, as prescribed in the Contract of
Sale (the "Agreement"), as attached to the ordinance and made a part thereof as
Exhibit A", authorizing the expenditure of funds therefor; and providing an
effective date. (Municipal Landfill Acquisition Tract)
Ordinance No. 2014-016
Q. Consider adoption of n ordinance authorizing the City Manager or his designee
to execute a Contract of Sale between the City of Denton, Texas and Westpark
Group, L.P., a Texas Limited Partnership contemplating the purchase by the City
of Denton, Texas of an approximate 3.00 acre tract of land situated in the James
Perry Survey, Abstract 1040, and the John Davis Survey, Abstract 326, City of
City of Denton City Council Minutes
January 7, 2014
Page 11
Denton, Denton County, Texas, for public purposes; authorizing the City
Manager, or his designee, to execute, deliver and accept a Special Warranty Deed,
and any other documents necessary to accomplish closing of the transaction
contemplated by the Contract of Sale; authorizing the expenditure of funds
therefore; and providing an effective date.
Ordinance No. 2014-017
R. Consider adoption of an ordinance of the City of Denton, Texas, abandoning and
vacating an Access Easement (the "Original Easement"), granted by Westpark
Group, LP, to the City of Denton, Texas, pursuant to that certain Original
Easement, dated December 29, 2006, and recorded as document Number 2007-
20897, Real Property Records, Denton County, Texas, said Original Easement
encumbering 3.874 acres of land located in the James Perry Survey, Abstract No.
1040, Denton County, Texas, and authorizing the City Manager or his designee to
accept an Alternative Access Easement (herein so called), as attached hereto and
made a part hereof as Exhibit "A", by and between the City of Denton (The
"Grantee"), and Westpark Group, LP, A Texas Limited Partnership (The
"Grantor"), contemplating the grant by Grantor and acceptance by Grantee of an
Alternative Access Easement encumbering a 4.1880 acre tract of land, more or
less, for the purchase price of ten and no/100 Dollars ($10.00), said Alternative
Access Easement generally located east of Western Boulevard and south of Jim
Christal Road, and located in the John Bacon Survey, Abstract No. 1541, and the
James Perry Survey, Abstract No. 1040, Denton County, Texas; authorizing the
expenditure of funds therefor; and providing an effective date.
Ordinance No. 2014-018
S. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the purchase of Excess Liability Insurance
Coverage for the City of Denton , through the City’s sole broker of record,
McGriff, Seibels and Williams of Texas, Inc., and in accordance with Chapter
252.024 of the Texas Local Government Code such coverage is exempt from the
requirements of competitive bidding; and providing an effective date (File 5454
awarded to Starr Indemnity in the one (1) year not- to-exceed amount of
$208,000 and a three (3) year not-to-exceed amount of $688,480).
Ordinance No. 2014-019
T. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the purchase of Excess Workers; Compensation
Insurance Coverage for the City of Denton, through the City’s sole broker of
record, McGriff, Seibels and Williams of Texas, Inc., and in accordance with
Chapter 252.024 of the Texas Local Government Code such coverage is exempt
from the requirements of competitive bidding; and providing an effective date
(File 5455 awarded to Midwest Employers Casualty in the one (1) year not-to-
exceed amount of $91,996 and a three (3) year not-to-exceed amount of
$304,408).
City of Denton City Council Minutes
January 7, 2014
Page 12
5. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2014-020
A. Consider adoption of an ordinance approving a lease agreement to be executed
by the City Manager, by and between the City of Denton, Texas and American
Biosource, LLC, a Texas domestic limited liability company, for a certain
approximate 1.004 acre tract of land situated in the Gideon Walker Survey,
Abstract Number 1330, in the City of Denton, Denton County, Texas, located in
the vicinity of 1527 Mayhill Road, Denton, Denton County, Texas; providing an
effective date.
Vance Kemler, Director of Solid Waste, presented the details of the lease agreement. This
agreement would start a biodiesel facility in the City.
Council Member Gregory asked how much royalty per gallon the City would receive.
Kemler stated that the royalty would be $.085 per gallon.
Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to adopt the
ordinance. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye",
Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member King
"aye", Council Member Roden "aye", and Council Member Hawkins "aye". Motion carried
unanimously.
6. PUBLIC HEARINGS
There were no public hearings for this agenda.
7. CITIZEN REPORTS
There were no citizen reports for this section of the agenda.
8. 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.
City of Denton City Council Minutes
January 7, 2014
Page 13
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
With no further business, the meeting was adjourned at 7:03 p.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
January 14, 2014
After determining that a quorum was present, the City Council convened in a Special Called
Session on Tuesday, January 14, 2014 at 4:00 p.m. in the Council Work Session Room at City
Hall.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council
Member Gregory, Council Member Hawkins, Council Member King, and Council
Member Roden
ABSENT: None
Ordinance No. 2014-021
1.Consider adoption of an ordinance rejecting any and all competitive bids for a public
works contract for the construction of Wastewater Collection System Improvements
around Eagle Drive and Congress Street project for the City of Denton (Bid Number
5379); and providing an effective date.
Frank Payne, City Engineer, stated that there was only one bid received for the project at a price
considerably higher than the engineer’s estimate of probable construction cost. The Purchasing
Department had sent this bid out to approximately 370 potential vendors as well as advertised in
the local paper. However, inquiries made after the bid opening revealed that many of the utility
contractors that typically submitted bids on City of Denton utility work were not aware of the
project, which was a possible explanation as to why only one bid was received. Staff believed
that a more competitive bid would be received if the project was rebid with more extensive
contractor notification, therefore staff’s recommendation was that all bids should be rejected.
Mayor Burroughs asked if the bid or any details of it were going to change.
Payne stated that staff did not anticipate any substantive changes in the bid itself.
Council Member Gregory motioned, Council Member King seconded to adopt the ordinance.
On roll call vote, Council Member Engelbrecht “aye”, Council Member Gregory “aye”, Council
Member Hawkins “aye”, Council Member King “aye”, Council Member Roden “aye”, Mayor
Pro Tem Kamp “aye”, and Mayor Burroughs “aye”. Motion carried unanimously.
Following the completion of the Special Called Session, the City Council convened in a Closed
Meeting at 4:05 p.m. to consider the items listed below under the Closed Meeting section of this
agenda.
1. Closed Meeting
A.Certain Public Power Utilities: Competitive Matters – Under Texas Government
Code Section 551.086.
1.Receive a presentation from Denton Municipal Electric (“DME”) staff
regarding public power utility competitive, financial and commercial
information pertaining to energy risk-management strategies, risk
management procedures, alternatives, and contracts that concern DME’s
acquiring power in the marketplace in order to optimize DME’s energy
portfolio. Discuss, deliberate and provide staff with direction.
City of Denton City Council Minutes
January 14, 2014
Page 2
B. Deliberation regarding Personnel Matters – Under Texas Government Code
Section 551.074.
1.Deliberate and discuss the evaluation, duties, discipline, procedures, and
contracts of the Municipal Court Judge, City Attorney, and City Manager.
Following the completion of the Closed Meeting, the Council returned to Open Session and with
no further business, the meeting was adjourned at 6:15 p.m.
_____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_____________________________________
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
January 29 & 30, 2014
Annual Planning Session of the City of Denton City Council on Wednesday, January 29, 2014
from 1:30 p.m. to 9:00 p.m. and Thursday, January 30, 2014, from 8:00 a.m. to 3:00 p.m. at the
Lantana Resort, 2200 FM 1192, Pilot Point, Texas.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council
Member Gregory, Council Member Roden, Council Member King
ABSENT: Council Member Hawkins
Mayor Burroughs called meeting to order at 2:14 p.m. and announced the items that would be
considered at the meeting per the listing on the agenda.
City Manager Campbell stated that he appreciated everyone attending this important planning
session. An Informal Staff Report had been sent to Council indicating the basis of the meeting in
terms of strategic issues, good communication between Council and staff and any observations
from the Council that would be helpful to staff.
1.Receive a report, hold a discussion, and give staff direction concerning the status of
development process improvements and the comprehensive plan update.
Karen Walz, facilitator, presented the retreat objectives which included (1) develop process
improvements and the Comprehensive Plan update, (2) Strategic Plan updates and refinements,
(3) discussion among Council Members and key staff of major issues, both internal and external,
(4) discuss the Leadership Team’s internal action plan, (5) strengthen communication and
collaboration and (5) agree on a set of top priority outcomes related to these major issues.
Brian Lockley, Director of Planning and Development, stated that staff was requesting feedback
and direction on the status of the development process improvements and the Comprehensive
Plan update. He reviewed the Comprehensive Plan schedule which currently was in progress
with the preferred growth concept. He provided a recap of the Community Forum 1 and the
strengths, weaknesses, opportunities and threats/challenges (S.W.O.T.) for Denton in the present
and the future. A Community Vision Statement was an expression of the community’s collective
values and aspirations and a description of what the community wanted to become in the future.
It provided the major themes of the Draft Community Vision Statement. A recap of the
Community Forum 2 was reviewed in terms of growth scenarios, development priorities, and
community character consideration. The next step was the Preferred Growth Concept which
eventually would become the Future Land Use Map. Staff currently had a lot of information and
input and now needed to draft that information. Staff was looking for Council comments on the
Community Vision Statement and the Preferred Growth Concept.
Council Member Roden stated that the older areas of the City were targeted for infill
reinvestment. As a vision statement he felt a better way to phrase the item would be “older part
of town” or “older neighborhoods”.
Council Member King suggested using “established”.
City of Denton City Council Minutes
January 29-30, 2014
Page 2
Mayor Burroughs suggested using the term “well established”. He asked about the number of
people who attended the different meetings as he did not see a listing of the numbers. He
questioned how many different people total attended the meetings.
Ron Menguita, Development Review Committee Administrator, stated that Forum 1 had about
200 people; Forum 2 had around 100 people in four different locations. There were also
opportunities for people to comment on the City’s website, Facebook, Twitter and surveys. A
random phone survey was also done.
Mayor Burroughs stated that the assumption was that the feedback was from a sample of people
in the City as opposed to people with specific issues. With lower numbers, it was less likely to
have a broad based response. At times it was hard to get people to participate.
Mayor Pro Tem Kamp asked when the Mobility Plan update would be done.
Mayor Burroughs stated that a question would be what drove densities for future growth versus
feedback on where people would like to have growth. The Mobility Plan might not be able to be
considered now as it might be a constraint at this time. However, it needed to be addressed at
some point in time.
Mayor Pro Tem Kamp stated that a question would be when would be that step and who would
do it. A question also was if it was a parallel process with this process. She felt if might be time
to look at an outside firm to help with a relook at the Mobility Plan in terms of the preferred
growth.
Council Member Engelbrecht stated that most of the major streets in Denton were already set in
terms of mobility and there was no more room to do anything. Traffic mobility would not be a
limitation to this process.
Mayor Burroughs stated that Council had provided staff with a concept to look at as the process
moved into the next stages.
Council Member Roden stated that an update of the Denton Development Code (DDC) was
needed plus an economic development strategic plan. These were tools in connection with this
project. All of these needed to be put together.
Council Member Gregory suggested doing something in terms of land use to encourage
development in other locations in the City that were smaller than the ones shown on the land use
maps. Take the preferred growth concept down to a smaller neighborhood level.
Lockley stated that the existing plan talked about small centers supported by surrounding
neighborhoods. The preferred growth concept did not exclude the development of other areas in
the City. A starting place for the concept was needed.
Mayor Burroughs stated that it was hard to introduce walkable areas in established
neighborhoods as well as hard to reintroduce mixed use in an established area.
City of Denton City Council Minutes
January 29-30, 2014
Page 3
Lockley stated that the community vision statement would be revisited with feedback on the
preferred growth concept.
Council Member Gregory asked how this vision and concept compared with the 1999 plan.
Lockley stated that the 1999 plan made recommendations for neighborhood centers and
development centers. It talked about development of areas instead of having to go across town
to get services.
Lockley stated that the next area of his presentation dealt with an assessment of the Denton
Development Code (DDC) and development of infill and redevelopment regulations. Areas of
discussion would include (1) Denton Development Code assessment overview, (2) central
themes and recommendations, (3) recommendations being implemented and (4) project schedule
and next steps.
Overview: Project focus – Clarion and Associates would review (1) the efficiency of the
Development Review Process, (2) look at unnecessary barriers to infill and redevelopment and
(3) reorganization of the Code to enhance the user experience of the development code. He
reviewed the results which included information that was consistent with the feedback received
from the development community, staff was in the process of implementing many of the
recommendations and according to Clarion, many of the identified issues were encountered by
growing municipalities.
Three central themes emerged (1) create a more user friendly code, (2) streamline the
Development Review procedures, and (3) establish tailored standards for infill and
redevelopment projects. He presented information on how to create a more user friendly code.
Recommendations were to group related materials together and move all definitions into a single
subchapter. A second suggestion was to establish common review procedures with
recommendations to develop a summary table that listed all application types with decision
making entity and develop a section that outlines standard review procedures. A third
recommendation for a more user friendly code was to include more illustrations, summary tables
and other graphics. The recommendations were to expand the use of illustrations, summary
tables and graphics, and consolidate standards into tables and diagrams to facilitate quicker
understanding.
Council Member Gregory asked if there ever was a time when it would be appropriate to show
examples of what not to do.
Lockley stated yes. A fourth area dealing with a more friendly code involved addressing
concerns with obsolete provisions and inconsistencies. The recommendations were to
incorporate valid land use regulations from the old code to the current DDC and repeal
provisions of the old development code that were no longer in effect or conflict with the DDC.
Streamline the Development Review Process - Goals for this theme were to create a predictable
process with clear expectations, efficiently managed by city staff, and approved applications
result in the desired built environment with the long range vision for the City. These would
streamline the development review process goals.
City of Denton City Council Minutes
January 29-30, 2014
Page 4
Council Member Engelbrecht asked if there would be procedures for unexpected issues.
Lockley stated that staff was considering developing overarching goals and standards so as to not
address every situation that might come up. Look to the situation to determine where and how it
would meet a goal.
He continued with streamlining the development review process. The goals were to improve the
efficiency of the development review process through better coordination with recommendations
to standardize application checklists for consistence between departments and provide flexible
options for DRC meeting times. Another suggestion was to increase delegation of minor
decisions to staff with recommendations to consider delegating approval of certain applications
to staff and clarify which applications required a public hearing versus a public meeting and
define each. Refine the site plan review procedure with recommendations to establish a site plan
review process independent for a building permit and amend procedural sections to indicate
exactly which applications required a site plan was another recommendation.
Consider more effective use of pre-application conferences with recommendations to require
pre-application conferences for more applications and provide more discussion on fees,
exactions, review process and timelines was also recommended.
Establish tailored standards for infill and redevelopment projects – a goal for this theme was to
re-evaluate the current infill special purpose district and re-evaluate the infill district boundary
with recommendations to allow for greater flexibility of administrative adjustments, and redefine
infill and infill development to include a broader range of eligible properties. A second goal was
to reconsider code sections acting as barriers to infill and establish new standards.
Alternative Development Plans was another goal for the infill and redevelopment project theme.
The Alternative Development Plan was a negotiated process that was unpredictable.
Recommendations were to indicate which types of applications could be amended via the ADP
process, offer expedited review process for minor discretionary decisions using the ADP process
rather than following the Planning and Zoning procedures, and inventory approved ADPs as a
basis for potential amendments.
Parking requirements and standards goals for this theme indicated that standards should be
flexible in situations such as redevelopment, mixed use scenarios and shared parking
arrangements. Recommendations included considering parking credits for redevelopment near
transit stations, pedestrian oriented districts and for providing bike parking in excess of the
amount required. Grant the director the authority to approve flexible standards.
Several recommendations which were currently being implemented included (1) existing review
times, (2) enhanced use of ProjectDox, (3) improved customer service, (4) organizational
improvements, (5) tree preservation, and (6) trash enclosures.
Mayor Burroughs stated that under customer service, he would like to make a customer
satisfaction category.
Lockley reviewed the next steps in the project schedule.
City of Denton City Council Minutes
January 29-30, 2014
Page 5
Council Member Roden felt that there was an image problem which was being worked on. He
felt this could be a marketing issue and build up brand to help with that image.
Lockley stated that staff was working to develop a marketing group that would communicate that
out to the community. Staff was also working with the Director of Economic Development on
how to get that information out to the public.
City Manager Campbell stated that it might be possible to enlist people who were in support of
the City’s process to help get the word out.
2.Receive a report, hold a discussion, and give staff direction concerning the City of
Denton strategic plan.
Bryan Langley, Assistant City Manager, presented the 2013-14 Strategic Plan key focus areas.
He stated that the Strategic Plan was originally created in April 2011 and needed to be updated to
reflect accomplishments and new priorities. He reviewed the Key Focus Areas (KFA) in terms
of proposed revisions. KFA 3 was overly broad and lacked specificity. A separate KFA was
proposed for Economic Development to focus on industrial park, retail development, the
development review process, Downtown, Convention Center, and Denton Enterprise Airport.
The Comprehensive Plan information needed to be incorporated into the revised strategic plan.
A separate KFA for Sustainability was proposed and would incorporate elements from the
Council’s approved sustainability plan. A separate goal in KFA 4 was proposed for Library,
Parks, and Leisure Services. KFA 5 would be eliminated and incorporated into other goals as it
closely related to other KFAs in the Strategic Plan and the current performance measures were
difficult to measure.
The KFAs and goals with proposed changes were reviewed. KFA 1 would include a goal to
collaborate with regional, state and federal partners.
Council Member Engelbrecht questioned why local partners were not included in this goal.
Langley stated that was a good idea and it would be added.
Council Member Engelbrecht suggested using a different word for “partners”. Perhaps use
“organizations” or “agencies”.
Council Member Roden stated that the suggested targets were for 2014 and not necessarily
where they currently were.
Langley stated that these were presented in the Quarterly Financial Report to show where they
were in the last quarter, year-to-date and the current quarter.
Council Member Roden asked if there was some kind of metric to see if the Plan was successful.
Langley stated that was not easy to answer but the street reference had been one of the most
valuable portions of the Plan.
City of Denton City Council Minutes
January 29-30, 2014
Page 6
Council Member Roden felt that there were so many points that sometimes it was hard for him
focus on all of the information. There was no definite vision for the different areas and that
might be losing the ability to coordinate with different areas.
Council Member Engelbrecht agreed that there might be information overload. He felt that it
was good to track the steps in the information. In the past, there were no measures at all but now
there was quarterly information. He suggested shrinking the information down for public use so
it would not be so cumbersome.
Mayor Burroughs felt that the Strategic Plan was an internal process giving direction to and from
each department for success. Council was given the information to determine if there were any
missing areas. It was not necessarily intended to go out to the public for their approval.
City Manager Campbell stated that the goal was to provide steps to accomplish the key focus
areas and that there might be subtopics to get to that point.
Mayor Burroughs stated that it was the Council’s job to identify some general goals for staff to
consider.
Council discussed the number of key focus areas and subtopics and how to engage the public in
these issues. They questioned if the tool was useful for interdepartmental issues to achieve the
main goals of the City or could it be a hindrance to the process.
Langley continued that KFA 2 did not have any changes at this time.
Council Member Engelbrecht stated that he never wanted to see the term roadways without the
term bikeways and walkways added. It was not just about cars and this area became more
important as compact growth was developed.
Council Member Roden suggested including a funding mechanism and goal for OCI in the goal
standards.
Council discussed the measurements of the goals for the key focus areas in terms of how they
were reported and the information the measurements were trying to provide.
Mayor Burroughs suggested keeping the document as it was but to include a tie back to each of
the bullet points on-line and as the item was accomplished to make a statement as to what they
were.
Langley stated that staff could identify some key tasks to achieve the goals to show progress. He
continued that the current KFA 3 would be eliminated and a separate KFA would be developed
specifically for economic development. He reviewed the goals associated with the new KFA.
Mayor Burroughs suggested moving the order of the first two key tasks to the bottom of the list
and adding an item to achieve balanced growth between business and residential within the City.
City of Denton City Council Minutes
January 29-30, 2014
Page 7
Council Member Engelbrecht stated that with compact growth there was a need to consider if
future buildings would be condos and how to encourage that growth instead of apartments to
have owner buy-in for the community.
Council Member Roden felt this KFA would be a good location for such partnerships. He
suggested also including the implementation of the economic development plan.
Langley stated that outstanding leisure, cultural and educational opportunities would be added to
KFA 4. KFA 5 would be eliminated and added to other KFAs. A new KFA 5 would deal with
sustainability and environmental stewardship with associated goals.
Council Member Gregory suggested in the area of area of planning and land use to include a
topic regarding redoing of the gas well ordinance.
City Manager Campbell suggested considering a topic associated with the Barnet Shale issues.
Langley indicated that the next steps would incorporate Council feedback and develop specific
objectives for each goal identified. The performance measure would be adjusted to better reflect
the key outcomes desired. In the April/May timeframe staff would review specific revisions
with Council and discuss the relationship to the budget process. A draft of the revised strategic
plan would be submitted to Council in July as part of budget process.
Mayor Burroughs suggested adding to page 8 under Building Inspections “to consider and have
re-inspections finished within x days”. He felt there should be a definitive difference between
inspection and re-inspection and it should not be same 10 days for re-inspection.
3.Discuss and give direction concerning the long, mid, and short term accomplishments,
goals, objectives, plans, vision, mission, values, and strategic plan of the City of Denton
as it relates to city services and infrastructure, streets, parks, finances, budget, planning,
zoning and development, environmental issues, technology, public utilities, taxes,
engineering, economic development, codes enforcement, transportation, purchasing,
management, intergovernmental relations, boards, commissions and committees,
meetings, and, without limitation, any and all operations of the City of Denton city
government.
Walz lead the Council in a discussion on the role-play exercise that the Council worked on
during the prior day. Council viewed a video regarding how to develop a viable city.
Discussion 1 – How do we position the City to achieve our desired future growth, development
and investment? Council broke into small groups to discuss desired outcomes for the next year
and presented those ideas to the entire group. Council discussed and ranked the various key
outcomes from the groups.
Discussion 2 – How do we make communication within the City (among Council members and
between Council and staff) more effective and productive? Council broke into small groups to
discuss desired outcomes and presented those ideas to the entire group. Council discussed and
ranked the various key outcomes from the groups.
City of Denton City Council Minutes
January 29-30, 2014
Page 8
Discussion 3 – How do we communicate with people in Denton so they’re engaged in achieving
the community’s vision? Council broke into small groups to discuss desired outcomes and
presented those ideas to the entire group. Council discussed and ranked the various key
outcomes from the groups.
Discussion 4 – How do we manage this year’s leadership transition? Council broke into small
groups to discuss desired outcomes and presented those ideas to the entire group. Council
discussed and ranked the various key outcomes from the groups.
Wrap up comments-
Mayor Burroughs felt that it was important to have a staff member dedicated to the Mayor and
Council to assist with daily routine.
City Manager Campbell felt that another retreat after the May election was needed but it was
important to have this meeting before the election because staff needed the input from those
members who might be leaving.
Walz reviewed what specific outcomes were wanted for the next year. She listed the top two
ideas suggested by each of the groups for the above discussion categories. Those included:
Vision clearly articulated
Create a special process to encourage incentives and expedite compact growth
nd
Set strategic planning session for 2 Tuesday session
Provide clear direction in work session discussion
Council give specific consensus on direction
Leveraging technology
Assistant City Manager Martin stated that in terms of leveraging technology a specific mention
should include Engage Denton and also Public Communications with their videoing capabilities
for marketing.
City Manager Campbell felt this was a valuable experience for staff and appreciated everyone
attending.
With no further business, the meeting was adjourned at 3:00 p.m.
____________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ConsentAgendaS
AGENDA INFORMATION SHEET
AGENDA DATE: February 18, 2014
DEPARTMENT: Planning and Development
CM/ACM: John Cabrales, Jr.
SUBJECT
Consider adoption of an ordinance of the City
Articles I, II, III, IV, V and VI in their entirety; adopting the Texas Food Establishment Rules
promulgated by the Texas Department of State Health Services and making related deletions and
amendments thereto; providing a severability clause; providing a savings clause; providing for a
penalty not to exceed $2,000 for violations of this ordinance; and providing for an effective date.
BACKGROUND
On July 9, 2013 staff presented a status update on the current Food and Food Service
Establishments Ordinance 2012-305 which was adopted on November 6, 2012. Staff also
presented some proposed amendments to the current Food Code. The amendments were
discussed and Council gave direction regarding the proposed amendments.
Staff is recommending the following amendments:
The addition of the following definition for Vendor: Vendor/Supplier: an approved
business establishment that sells or supplies food and food related products to Mobile
Food Establishments.
To help clarify who is required to provide documentation to whom, staff has added the
following to the code: The mobile food establishment shall provide documentation of
each visit to a commissary and shall have that documentation available for inspection.
This documentation shall be provided by the commissary providing service, and should
specify when and which service was provided.
There is a need to add verbiage to address Food Trucks that sell food at construction
sites: A mobile food preparation facility shall not park on an unimproved surface such as
grass or dirt without written approval from the City, unless selling for less than one hour
at or on a site that is currently under construction or where there is significant
construction activity.
Agenda Information Sheet
February 18, 2014
Page 2
Staff also added the following to the code: Mobile units shall not stop and sell food in
Association, except for those mobile food units that regularly sell food to construction
workers in residential zones with active construction activity.
Staff added the following to the Food Code: Mobile units shall not sell food from a public
right of way without written permission from the City Manager or his designee.
The help clarify that a Food Truck does not necessarily need to be cleaned at a
commissary daily, and to clarify where a Food Truck may be parked when not in use,
Staff changed the code to state: 1) The interior of the mobile food establishment shall be
cleaned at least daily and shall be stored at a location that is not used as a residence
when not in operation.
OPTIONS
1. Make no changes to the current Food and Food Service Establishments ordinance.
2. Adopt the proposed version of Council and Staff recommended amendments made to the
current Food and Food Service Establishments ordinance 2012-305.
3. Direct the Building Inspections Division to amend the current Food and Food Service
Establishments ordinance based on new Council recommendations not included in the
proposed amended ordinance.
RECOMMENDATIONS
Adopt the proposed changes to the Food and Food Services Establishments ordinance.
PRIOR ACTION/REVIEW
February 18, 2014 Staff received direction from the City Council for proposed amendments to
the Food and Food Service Establishments Ordinance 2012-305.
February 4, 2014 Council voted to bring proposed amendments to a Work Session for further
review.
July 9, 2013 Staff presented a 6 month status report of the Food and Food Service
Establishments Ordinance 2012-305 along with some proposed amendments.
Agenda Information Sheet
February 18, 2014
Page 3
November 6, 2012 City Council adopted the current Food and Food Service Establishments
Ordinance 2012-305.
EXHIBITS
Revised ordinance
Prepared by:
Kurt S. Hansen
Building Official
Respectfully submitted:
Brian K. Lockley, AICP, CPM
Director of Planning and Development
ConsentAgendaT
AGENDA INFORMATION SHEET
AGENDA DATE:February 18, 2014
DEPARTMENT:Economic Development
ACM:John Cabrales, Jr.
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, Texas, approving
the 2013Tax Increment Financing Reinvestment Zone Number One (Downtown TIF)Annual
Report; and declaring and effective date.
BACKGROUND
On December 7, 2010, City Council adopted an ordinance creating the Tax Increment Financing
Reinvestment Zone Number One (Downtown TIF). An annual report is required to be submitted
to the City of Denton, detailing the previous year’s TIF activities. Staff has drafted a report
(attached) for consideration by the Council.
During calendar year 2013,$145,506was collected; no funds were distributed.
Certified and Supplemental TIRZ No. OneContribution Summary
Supplemental Annual Captured Ad Annual Contribution
YearTIRZ Certified ValueTIRZ ValueValorem Revenueto TIRZ Fund
201079,356,85479,356,854N/AN/A
201181,657,80880,331,050$974,1966,720
201289,605,63593,040,263$13,683,40994,381
201396,287,950100,452,300$21,095,446145,506
$35,753,051246,607
Totals
PRIOR ACTION/REVIEW
The TIF Board reviewed the 2013Annual Report on January 24, 2014,and recommends
approval (5-0)
Agenda Information Sheet
February 28, 2014
Page 2
Respectfully submitted
Julie Glover
Economic Development Program Administrator
ConsentAgendaU
ConsentAgendaV
ConsentAgendaW
IndividualItemA
AGENDA INFORMATION SHEET
February 18, 2014
AGENDA DATE:
Planning and Development
DEPARTMENT:
John Cabrales, Jr.
ACM:
SUBJECT:
Consider an appeal of the denialof a Certificate of Appropriateness by the Historic Landmark
Commission for installation of solar panels on the roof ofasingle family residence. The property
is located at 1822 West Oak Street and is within a Neighborhood Residential 3 (NR-3) zoning
district and the West Oak Area Historic District.On January 13, 2014, the Historic Landmark
Commission denied the request (6-3).
BACKGROUND
Applicant: Richard Gladden
Section 35.7.6.8.D.4 of the Denton Development Code (DDC) establishes procedures for
certificate of appropriateness review. This Section of the DDC states “if a certificate of
appropriateness has been denied, the applicant may appeal the decision in writing to the City
Council by filing a written notice with the City Secretary within ten (10) days of receiving notice
of the denial.
This appeal request is forinstallation ofsolar panels onthe west facing roof area of the house
located at 1822 West Oak Street and within the West Oak Area Historic District.Per the
application submitted, design of the solar panel will be of low profile mounting system which
aligns the panels to existing roof angle of the house. This alignment provides an aesthetic
appearance of the building compatible with the character of the West Oak Area Historic District.
The color of the panels is black. According to the applicant, the purpose of this roof alteration to
install solar panels is to save energy consumption of the house and utilize the City of Denton
Municipal Electric and the Federal Grant Incentive Program to provide rebates for such home
improvements. The subject property wasconstructed in 2011, after receiving approval of a
Certificate of Appropriateness (COA) from the Historic Landmark Commission (See Exhibit 12).
On December 16, 2013, the Historic LandmarkCommission(HLC) received therequest for
installation of solar panels on the subject property. After considering the application, the
Commission deferred making a decision and directed staff to contactcities in the Dallas-Fort
Worth-Arlington Metroplex Area for guidelines and regulation onhow they permitsolar panels
in Historic Districtsand on Landmark properties.On January 13, 2014, the Historic Landmark
Commission revisited thisrequest. After extensive deliberations, the Commission denied the
request by a vote of 6-3.The basis for this denial was the Commissions’ concerns about the
location of the solar panel on the section of the roof visible from public view. In addition, the
Agenda Information Sheet
February 18, 2014
Page 2
Commissioners were concerned there are inadequate design guidelines for installation of solar
panels in Historic Designated areas of the City and approval of the request could set precedent
for installation of solar panels in historic designated areas of the City with no established
guidelines. In addition, the Commission had reservations on information provided by the
applicant on a survey of area residents (See Exhibit 7, Survey of Residents).
Currently, there is aminimum requirement for installation of solar panels on roof topsof
buildingsin the West Oak Area Historic District.This requirementfor installation of solar
panels isoutlined in Section 35.7.9.5.K.4 of the Denton Development Code (DDC). The
requirements state “The Historic Landmark Commission may allow skylights and solar panels
on a building if their placement does not have an adverse effect on the architecture of a
building or the district as a whole”. No further guidelines pertaining to location or type of solar
panels are discussed in this Sectionof the DDC.
Perdirections of the HLCandprior to the January 13 meeting, staff contacted the Cities of
Dallas, Fort Worth, Flower Mound, McKinney, Lewisville, Plano, and Grand Prairieto discuss
and obtain thesecitiesordinances regulating design and installation of solar panels in Historic
District Areas and properties. The majority of the contacted cities do not have design guidelines
for installation of solar panels in their Historic District Districts or Designated Landmarks. The
City of Dallas and Fort Worth had specific design guidelines or regulations for installation of
solar panels (See Exhibit 4 & 5).However, both of these cities discourage location of solar
panels from areas of the roof that are visible from public view. The City of McKinney and Plano
follow design guidelines recommended by the Secretary of Interior. The City of Lewisville relies
on their “Old Town” Design Committee for approval or denial of installation of solar panels in
their Historic Districts.
Staff also reviewed design guidelines recommendations of the Secretary of Interior for
installation of solar panels in Historic District (See Exhibit 6).The Secretary of Interior generally
discourages location of solar panels on roof tops visible from public view. In addition, the
Secretary highly recommends considering the historic nature of the roof and recommends
prohibiting installations of solar panels that are likely to damage historic integrity of a roof.
However, there are instances where the Secretary’s guidelines shows installation of solar panels
on roof tops visible from public view. The Secretary recommends that such solar panels visible
from public view be installed on roof tops of historic structure and be visible from public view if
only the panelsdo not significantly diminished historical integrity of the building.
PRIOR ACTION/REVIEW
April 11, 2011 The Historic Landmark Commission approved a Certificate of
Appropriateness for construction of a single-family house on the
property.
Agenda Information Sheet
February 18, 2014
Page 3
December16, 2013The Historic Landmark Commission reviewed a request for
installation of solar panels on roof top of the propertyand
continued the request to itsJanuary 13, 2014 Meeting.
January 13, 2014 The Historic Landmark Commission denied the request for
installation of solar panels by a6-3 vote.
OPTIONS
1.Approve as submitted.
2.Approve with conditions.
3.Deny.
4.Postpone consideration.
5.Table item.
EXHIBITS
1.Location Map
2.Zoning Map
3.Historic District Map
4.City of Fort Worth Guidelines
5.City of Dallas Guidelines
6.Secretary of Interior Guidelines
7.Application
8.Applicant Letterof Appeal
9.Site Photos
10.Historic Landmark Commission, December 16, 2013, Meeting Minutes
11.Historic Landmark Commission, January 13, 2014, Meeting Minutes(Draft)
12.2011 Certificate of Appropriateness
Respectfully submitted:
Brian Lockley, AICP, CPM
Planning and Development Department Director
Prepared by:
Nana Appiah, AICP
Planning Supervisor
SurveyofResidentsInformation
Survey of Residents and Property Owners Concerning Approval or Disapproval of
Gladden Solar Panel Installation at 1822 West Oak Street
an adverse effect on the architecture of a building or the
district as a whole?
oppose
personally
signed
All 64 (Sixty-four) written responseswould not
an adverse effect on the
architecture of a building or the WOAHD as a whole
do not oppose installation
verballywould not
an adverse effect on the architecture of a
building or the WOAHD as a wholedo not
oppose
67 (Sixty-Five)
residents in support of my solar panel project2 (Two) who are opposed
97.10% of the responses
received do not oppose the solar panel project I have proposed.
allfor which no response has been received
77% of
the residents of the WOAHD still not be opposed
/s/Richard Gladden
may allow skylights and solar panels on a
building if their placement does not have an adverse effect on the architecture of a building or
the district as a whole.”
an adverse effect on the architecture of a building
or the district as a whole,”
an adverse effect on the architecture of a building or
the district as a whole”
oppose
AddressOwner/ResidentTelephoneContact?AdverseEffect?Approve?Comment
6NOLEFTFLYER
1702WestOakTLCPreSchool940458533
1708WestOakMaxWidmer8179039980YESNOYES
9YESNOYES
1707WestOakRobinandJohnSandefur972740322
1717WestOakAprilMurphy5186516037YESNOYES
9NONOYESMAILEDINFLYER
1718WestOakChrisVallejo402709305
1721WestOakTonyMencio5126533807YESNOYES
1722WestOakBrendaHelenIkerdYESNOYESFavorable,LEFTFLYER,willreplylater
1800WestOakCarolineS.Polliard9403820957YESNOYES
1801WestOakPaulCollinsNONOYESMAILEDINFLYER
1807WestOakStephenMorrissNosuchaddress
1815WestOakNOLEFTFLYER
1819WestOakDavidWright9404830801YESNOYES
8YESNOYES
1820WestOakKarenDeVinney,DavidHoldeman940380034
1822WestOakRichardGladden9403239307YESNOYES
3YESNOYES
1823WestOakRyanInselmann940367247
1902WestOakSarahGuzman9402979777YESNOYES
1905WestOakJoycePalmerNOLEFTFLYER,OutofTown
1907WestOakRossWitherington9722496058YESNOYES
7NONOYESMAILEDINFLYER
1907WestOakChrisIves512304084
1910WestOakCampsLifeLLCNONOYESMAILEDINFLYER
1914WestOakClintMillerNOLEFTFLYER
1920WestOakDixieandMarshaStevenson9403906391YESNOYESWantsReminder,MayAttend
1YESNOYES
2003WestOakDarleneStewart940387175
2010WestOakPaulSilvernale9403910963YESNOYESWantsReminder,MayAttend
2011WestOakNOLEFTFLYER
2016WestOakDonnMouser2146822598YESNOYES
2021WestOakLaureenHamiltonYESNOYES
2026WestOakBrianArthurFrederick9403831850NONOYESMAILEDINFLYER
2033WestOakYESMAYREPLYLATER
2040WestOakDr.RandyPark9403914377YESNOYES
2041WestOakWm.A.WhiteYESNOYES
2044WestOakStevenFriedson,EliseRidenousYESYESNO
8YESNOYES
2101WestOakMaryBethButler940206613
2107WestOakChrisFrazier2145003301YESNOYES
0YESNOYESMAILEDINREPLY,ANDSTATEMENT
2127WestOakBrianArthurFrederick940383185
2127WestOakMichelleFrederick9403831850YESNOYESMAILEDINREPLY
6NONOYESMAILEDINREPLY
2205WestOakDanielBiwer281825828
2211WestOakStevenFriedson,EliseRidenousYESYESNO
8YESNOYESMAILEDINFLYER
2212WestOakWebuFindleyCarroll940391757
2217WestOakYESNOYESWillsendfavorablereply(x2)
T
2218WestOakVACAN
2222WestOakMattieLoreneWells9403874125YESNOYESOWNER,WellsSwan,LTD.
8YESNOYES
2222WestOakTENANT(Name:Tom????)214384132
2229WestOakPamelaD.Delamore9405911829YESNOYES
2230WestOakReaganHenryYESNOYES
2233WestOakNOLEFTFLYER
2245WestOakYESMayReplyLater(x2)
2270WestOakWilliamThomasYESNOYES
2280WestOakNOLEFTFLYER
2015HoustonPlaceHenryGibbonsNONOYESMAILEDINFLYER
6YESNOYESWOAHDORGANIZER
2025HoustonPlaceEugeneC.Hargrove940382887
2028HoustonPlaceRobbieRobison2144184785YESNOYES
2030HostonPlaceWesleyEarpYESNOYES
2032HoustonPlaceMarilynBradleyBossiYESNOYES
9YESNOYES
2034HoustonPlaceZiadAyyad214289768
2035HoustonPlaceRicardoRozziYESNOYES
2100HoustonPlaceLarryClarkYESNOYES
2104HoustonPlaceChristinaThurstonNONOYESMAILEDINFLYER
2105HoustonPlaceKevinKennellyNOLEFTFLYER
2111HoustonPlaceCollinMeyer2142845124YESNOYES
2114HoustonPlaceDoraLouSloanNONOYESMAILEDINFLYER
2120HoustonPlaceMeganEwingNONOYESMAILEDINFLYER
2200HoustonPlaceChaseDunn2143647846YESNOYES
2207HoustonPlaceDoraLouSloanNONOYESMAILEDINFLYER
2212HoustonPlaceShawnMattoxVACANT
2215HoustonPlaceJoAnnNunnelly9403827172NONOYESMAILEDINFLYER
2219HoustonPlaceJoeMcGowan9037945255YESNOYES
2222HoustonPlaceTomM.KingNONOYESMAILEDINFLYER
2223HoustonPlaceBrendanCarroll9403903164YESNOYES
3YESNOYES
2224HoustonPlaceBrianBesier940391418
2227HoustonPlaceCecilandAlisAdkinsYESNOYES
T
2228HoustonPlaceVACAN
2229HoustonPlacePamDelamoreYESNOYES
5YESNOYES
2232HoustonPlaceAnitaB.Brigman940382597
208MariettaNOLEFTFLYER
7YESNOYES
209MariettaPatrickSwift940536971
212Marietta,Apt.ATimothyA.Danaher9402303996YESNOYES
6YESNOYES
214MariettaNateMattingly817791203
215MariettaMichahDeWeerdYESNOYES
220MariettaYES"NOCOMMENT"
305MariettaKimberlyWellsHawk9403684917NONOYESMAILEDINFLYER
308MariettaYESLEFTFLYER,WillReply
309MariettaDavidAllen9403906744YESNOYES
312MariettaNOLEFTFLYER
314MariettaNOLEFTFLYER
315MariettaNOLEFTFLYER
403MariettaMarkHoffmann2158622548YESNOYES
404MariettaNOLEFTFLYER
2224AlamoAnnJordanTurnerNOLEFTFLYER,OUTOFTOWN
5YESNOYESOWNER,WellsSwan,LTD.
2227AlamoMattieLoreneWells940387412
2229AlamoMattieLoreneWells9403874125YESNOYESOWNER,WellsSwan,LTD.
6YESNOYES
2230AlamoElizabethFerguson940383328
2233AlamoPlaceMattieLoreneWells9403874125YESNOYESOWNER,WellsSwan,LTD.
2234AlamoUnaShurbetYESYESRefusedtoSign
SURVEYOFRESIDENTSINFORMATIONMAP
EXHIBIT 10
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EXHIBIT 11
Historic Landmark Commission, January 13, 2014 Meeting Minutes
(Draft)
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Exhibit12
2011CertificateofAppropriateness
1822WestOak Street, Certificate of Appropriateness (COA11-0011)
West Oak Area Historic District
Historic Landmark Preservation and Historic Districts Generally
The district is made up of a large range of building styles and sizes, and the
proposed size of the building (2,825 square feet) and the number of stories of the
building (two), is in keeping with many of the other properties within the District.
Not Applicable.
The proposed structure, including the materials and colors and details, are
appropriate for the area and they are compatible with other properties within the
District. The property directly to the west is currently vacant, and the property to
the east is constructed with a two-story home.
N/A
The building will be placed on the lot so as to meet the thirty (30) foot setback
requirement, and no portions of the house will encroach into the required front
yard setback. The applicant would like to propose exceeding the thirty (30) foot
setback, however, and increase the setback to more closely match those of the
nearby properties, which are closer to 60 feet (refer to Exhibit 3).
The chimney will be constructed of brick, and although a color has not been
specified, the applicant has stated that it will be a red brick.
N/A
The proposed building color will be an off white (Glidden Crisp Linen; paint
sample not submitted with application).All trim, with the exception of the
shutters, will also be painted with the same color. The applicant has provided
examples of the color palette from another project in their presentation (Exhibit
6).
The dominant and trim color will all be an off white, and the only contrast in
materials will be the shutters (black), the chimney (red brick) and the roof
(weathered wood).
All trim work, including gutter, will be the same as the main structure.
The roof will be covered with composition shingle in a weathered wood (GAF)
color.The bay window on the main floor is shown with a copper roof on the
plans submitted, however, this will likely be shingled with the same material as
the roof.
N/A
N/A
The proposed façade material is painted wood siding. The use of wood siding,
porch, and details (e.g. dentils, columns, cornice, bay window) are appropriate
for the Victorian style of the building that the construction is attempting to
employ.
N/A
The detailing provided on the porch is appropriate for the Victorian style of the
house, and is appropriate in scale and detail.
An open porch which wraps around two sides of the house is proposed.
The proposed porch is open, and the high roof line and spacing of columns
provide clear sight lines to the front of the structure and the openings,
including the main door and the front windows.
No carpeting is proposed for the porch, which will be constructed of concrete.
The proposed porch is consistent with the building style, and incorporates the
same materials, colors and details as the main structure.
The roof materials will be composite shingles in a weathered wood color which
will provide a style of roof appropriate for the building, and in a color which
will not detract from the overall appearance of the building.
The roof pattern is typical of Victorian style houses.
The slope and pitch are appropriate for the style of building.
N/A
Windows and front entry doors are of a scale compatible with the structure, and
appropriate for the Victorian style the house is characterizing.
Standard Low-E3 glass is being provided on all windows.
N/A
N/A
Shutters are proposed on the submitted renderings; shutters will be provided on
all street-facing windows, and color of the shutters will be black.
The windows are large in scale, and are installed in numbers typical of
Victorian style architecture.
The proposed windows are typical for the period of Victorian architecture.
Windows are provided with frames and trim. Trim around windows will be
wrapped with wood, and the windows will be constructed of vinyl in order to
achieve the level of detail that is appropriate for the style (e.g. beading and
divided lights).
All windows and doors visible from the front and side of the building are
compatible with the style of building; no side lights are proposed.
No details were provided related to outdoor lighting.
approval
PublicHearingA
AGENDA INFORMATION SHEET
February 18, 2014
AGENDA DATE:
Planning and Development
DEPARTMENT:
John Cabrales, Jr.
ACM:
SUBJECT
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
providing for an initial zoning designation of Neighborhood Residential 1 (NR-1) zoning district
classification and use designation, on approximately 1.0 acres, at the southeast corner of S.
Trinity Road and Lutha Lane, also known as 1055 S. Trinity Road, in the City of Denton, Denton
County, Texas; 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 of this request, 6-0.)
BACKGROUND
The applicant, Curtis Berry, is requesting to apply an initial zoning district of Neighborhood
Residential 1 (NR-1) on approximately one acre of land. The applicant proposes to remove an
existing mobile home and install a new modular home on the subject site.
The subject property was annexed into the City as part of DH-12 (Ord. No. 2013-0097) in April,
2013. The site is designated as Existing LUse
Map.
When the site was annexed into the City, pursuant to Subchapter 35.16.8.G of the Denton
Development Code (DDC), newly annexed land is not zoned; however, it is subject to the list of
permitted uses, intensities, dimensions or lot sizes as governed by the Rural Residential 5 (RD-5)
zoning district.
considered to be zoned until the property owner submits an application to zone the site. Any
development on the site must comply with the use and development standards of the RD-5
district until the initial zoning designation is applied for and approved.
With an area of one acre, the site does not comply with the minimum lot size in the RD-5 district
of five (5) acres per Section 35.13.5.1.3 of the DDC. In order to plat the property and have a
building permit issued for the new modular home, the zoning designation must be revised to
accommodate a one acre lot. With a minimum required lot area of 32,000 square feet, the
proposed NR-1 district accommodates the site as it exists and is compatible with the future land
use designation of Existing Land Use.
Five (5) public notices were sent to property owners within 200 feet of the subject site (Exhibit
Agenda Information Sheet
February 18, 2014
Page 2
7). Seven (7) courtesy notices were also sent to residents within 500 feet of this proposal. As of
this writing, staff has not received any responses to the Notice of Public Hearing from property
owners within this boundary area.
PRIOR ACTION/REVIEW
1. January 22, 2014, Planning and Zoning Commission recommended approval.
2. April 16, 2013, Site was annexed into the City as part of DH-12 (Ord. No. 2013-0097).
OPTIONS
1. Recommend Approval as submitted.
2. Recommend Approval subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table the item
RECOMMENDATION
The Planning and Zoning Commission recommends APPROVAL of this request, 6-0.
The Development Review Committee recommends APPROVAL of this rezoning request.
EXHIBITS
1. Staff Analysis
2. Site Location/Aerial Map
3. Existing Zoning Map
4. Proposed Zoning Map
5. Future Land Use Map
6. Letter from the Applicant
7. Notification Map and Responses
8. Site Photos
9. January 22, 2014, Planning and Zoning Commission Minutes
10. Ordinance
Agenda Information Sheet
February 18, 2014
Page 3
Respectfully submitted:
Brian Lockley, AICP, CPM
Director, Planning and Development
Prepared by:
Cindy Jackson, AICP
Senior Planner
Z13-0012
An initial zoning district classification and use designation of
Neighborhood Residential 1 (NR-1) on approximately one acre of
land located at the southeast corner of S. Trinity Road and Lutha
Lane, also known as 1055 S. Trinity Road.
Curtis Berry
1055 S. Trinity Road
Denton, TX 76208
The subject property is located at the southeast corner of the
intersection of S. Trinity Road and Lutha Lane, also known as
1055 S. Trinity Road.
1.0± acres
Rural Residential 5(RD-5X) zoning district
ExistingLand Use
Cindy Jackson, AICP
The Development Review Committee (DRC) recommends
approval of Z13-0012.
When the site was annexed in April 2013, the site was developed with a single-family residential
mobile home. The applicant proposes to install a new modular home on the site and repurpose
the existing mobile home as a workshop. T
RD-5X when it was annexed into the city and it is in effect until the property owner applies for
an initial zoning of the site. Any development on the site must comply with the use and a
development standards of the RD-5 district (Section 35.5.1.2) until the initial zoning designation
isapplied for and approved.
A building permit cannot be issued for a site that has not been platted and filed with the County
for record per Section 35.16.6 of the DDC. With a minimum required lot area of 5 acres, the 1.0
acre site does not comply with the requirements of the RD-5 district. In order to legally plat the
property, the zoning designation must be changed to one that will accommodate a one acre lot.
Per Section 35.5.2.1 of the DDC, the purpose of the Neighborhood Residential zoning districts
is to preserve and protect existing neighborhoods and to ensure that any new development is
compatible with existing land uses, patterns, and design categories.
The land uses located to the south and east of the site are comprised of farming/agricultural uses
and single family residential uses, ranch uses and pasture located on tracts ranging from 1.0 to
5.44 acres in area. The land uses located to the north and northwest of the subject site are large
lot farm and ranch uses and undeveloped land. A 38-acre mobile home park is located to the west
of the subject site, across Trinity Road.
The charts below provide a comparison of the RD-5 zoning district and the NR-1 zoning district:
Residential Land Use Categories RD-5
NR-1
Agriculture P P
L(7)
Livestock L(7)
P
Single Family Dwellings P
SUP
Accessory Dwelling Units P
L(1)
N
Attached Single Family Dwellings N
N
Dwellings Above Businesses N
N
Live/Work Units P
N
Duplexes N
P
Community Homes For the Disabled P
N
Group Homes SUP
N
Multi-Family Dwellings N
Fraternity or Sorority House N N
Dormitory N N
N
Manufactured Housing Developments P
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) =
Limited as defined in Section 35.5.8
Commercial Land Use Categories RD-5
NR-1
P
Home Occupation P
N
Sale of Products Grown on Site P
N
Hotels N
N
Motels N
N
Bed and Breakfast L(10)
N
Retail Sales and Service N
N
Movie Theaters N
N
Restaurant or Private Club N
N
Drive-through Facility N
Professional Services and Offices N N
Quick Vehicle Servicing N N
N
Vehicle Repair N
N
Auto and RV Sales N
N
Laundry Facilities N
SUP
Equestrian Facilities P
P
Outdoor Recreation P
N
Indoor Recreation N
Conference/Convention Centers N N
N
Major Event Entertainment N
N
Commercial Parking Lots N
N
Administrative or Research Facilities SUP
Broadcasting of Production Studio SUP N
Sexually Oriented Business N N
L(38)
Temporary Uses L(38)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required,
L(X) = Limited as defined in Section 35.5.8
NR-1
Industrial Land Use Categories RD-5
N
Printing / Publishing N
N
Bakeries N
N
Manufacture of Non-odoriferous Foods N
N
Feed Lots SUP
N
Food Processing N
N
Light Manufacturing N
N
Heavy Manufacturing N
N
Wholesale Sales N
N
Wholesale Nurseries P
Distribution Center/Warehouse, General N N
Warehouse, Retail N N
N
Self-service Storage N
N
Construction Materials Sales N
N
Junk Yards and Auto Wrecking N
N
Wrecker Services and Impound Lots N
L(37)
Kennels L(14)
L(14)
Veterinary Clinics P
Sanitary Landfills, Commercial
N
Incinerators, Transfer Stations N
L(27)
Gas Wells L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required,
L(X) = Limited as defined in Section 35.5.8
NR-1
Institutional Land Use Categories RD-5
L(25)
Basic Utilities P
N
Community Service N
P
Parks and Open Space P
P
Churches P
SUP
Semi-public, Halls, Clubs, and Lodges N
N
Business / Trade School N
SUP
Adult or Child Day Care P
SUP
Kindergarten, Elementary School P
N
Middle School N
High School N N
Colleges N N
N
Hospital N
N
Elderly Housing N
N
Medical Centers N
N
Cemeteries N
N
Mortuaries N
WECS (Free-standing Monopole Support
L(41)
Structure) L(41)
L(42)
WECS (Building-mounted) L(42)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required,
L(X) = Limited as defined in Section 35.5.8
= Accessory dwelling units are permitted, subject to the following additional
criteria:
1. The proposal must conform to the overall maximum lot coverage and setback
requirements of the underlying zone.
2.
The maximum number of accessory dwelling units shall not exceed 1 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential
structure shall not exceed 50% of the GHFA of the primary residence on the lot,
and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of
L(1).5.
4. One 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 50% of the GHFA of the primary residence on the lot,
where the lot size is equal to or greater than ten 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 acres.
= 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 per each acre over three.
= All restrictions of L(8), but limited to no more than 5 guest units.
1. 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 1 off-street parking space, and the
owners shall have 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 ground or wall sign, constructed of a non-plastic material, non-
interior illuminated of 4 sq. ft. maximum size is allowed. Any exterior
illumination of signage shall be installed such that it does not directly
accommodation.
4. That the number of accommodation units allowed shall be proportional to the
all be
counted as 0.6 units for the purpose of calculating the permitted number of
5.
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-
occupy, there must be at least 400 sq. ft. of gross interior floor space
remaining per unit.
7.
= Uses are limited to no more than 10,000 square feet of gross floor area.
= If proposed use is within 200 feet of a residential zone, approval is subject to a
Specific Use Permit.
= Must comply with the provisions of Subchapter 89, Gas Well Drilling and
Production.
= 5-acre minimum land area required and no more than 25 kennels per acre
allowed, including indoor and outdoor runs. A natural buffer strip is required adjacent to
any residential use.
= 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.
=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 mounte
elevation. If the WECS does not use blades, then height is measured from the base of the
WECS where is mounted on the building to the highest point of the WECS.
The following is a chart of land uses located within a 500 foot radius of the subject site.
Farm and Ranch uses117.9862.4%
Mobile Home Park38.5120.3%
Pasture16.578.8%
Single Family Residential 9.7845.2%
Undeveloped Land6.2193.3%
Total189.06100.00%
*Based on information from the City of Denton GIS mapping system
The underlying future land use designation of Existing Land Use is consistent with the requested
zoning district designation.
1.The request is for an initial zoning district classification and use designation of
Neighborhood Residential 1 (NR-1) on approximately 1.0 acres. Site is currently located in
the RD-5X zoning district and is proposed to be platted as Lot 1, C. Berry Addition.The
subject site is currently developed with a mobile home.
2.On April 16, 2013 the site was annexed into the City as part of DH-12 (Ord. No. 2013-0097).
3.The subject site is surrounded on all sides by the Rural Residential 5 (RD-5X) zoning district.
4.The sExisting
land Use designation requires new development to respond to existing development with
compatible land uses, patterns, and design standards.
Residential land use goals as stated in the Denton Plan include:
The accommodation of balanced future residential developments:
a.Between residential and nonresidential land uses.
b.Among various types, styles, and prices of housing.
c.Maintain about fifty percent of the development land area within the city as residential
land uses. Increase the percentage of owner-occupied housing to sixty percent by the
year 2020.
The proposed rezoning of the subject site complies with the stated goals of the Denton Plan.
The property owner intends to maintain the single family residential use of the site, and the
one proposed acre lot size maintains the larger lot, rural character of the area.
5.The purpose of the Neighborhood Residential zoning districts are to preserve and protect
existing neighborhoods and to ensure new development is compatible with the existing land
uses, patterns, and design standards.
The subject site is a one acre single family residential site currently developed with a mobile
home. The property owner/applicant intends to plat the site and replace the existing mobile
home with a new modular home. With a minimum lot area of 32,000 square feet, the
proposed NR-1 district accommodates the site as it exists and is compatible with the future
land use designation of Existing Land Use.
6.The subject site is not located within anOverlay District.
7.The property is currently served by a 3/4 x 5/8- inch water meter and a private septic system.
There are no planned public improvements for potable water, sanitary sewer, drainage, or
transportation facilities serving the subject site.
8.Trinity Road is classified as an unimproved perimeter street with a width of, however, per
Section 35.20.2.L.4.a of the City of Denton Development Code, this development is exempt
from perimeter street improvements along Trinity Road frontage.
9.The environmentally sensitive areas (ESAs) map shows upland habitat ESA on the subject
property. Per Sec. 35.17.9 of the Denton Development Code (DDC), residential development
shall be designed to remain a contiguous fifty percent (50%) tree canopy, which shall remain
in its natural state.
10.Other information stated by DRC:
A.Anticipated water demand: 1GPM (peak)
B.Anticipated wastewater demand:1GPM (peak)
C.Anticipated storm water demand: 4.7 cfs.
D.Anticipated transportation demand: 10 Average Annual Daily Trips (AATD)
Development Review Committee
Based upon the information provided by the applicant, staff analysis and a recent site visit, the
Development Review Committee finds that the request with the surrounding
land uses and general character of the area, with the Denton Plan, and
with the Denton Development Code.
Based upon the findings-of-fact, the Development Review Committee (DRC) recommends
of this rezoning request.
NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development
requirement unless specifically noted in the conditions of approval and consistent with the Denton
Development Code.
NOTE: All written comments made in the application and subsequent submissions of information made during the
application review process, which are on file with the City of Denton, shall be considered to be binding
upon the applicant, provided such comments are not at variance with the Denton Plan, Denton
Development Code or other development regulations in effect at the time of development.
RD-5XRD-5XRD-5X
Improved PastureImproved PastureImproved Pasture
RD-5XRD5-XRD-5X
Mobile Home ParkSingle-Family ResidentialFarm Uses/Flower Nursery
RD-5XRD-5XRD-5X
Mobile Home ParkFarm Uses/Flower NurserySingle-Family Residential
Source: City of Denton Geographical Information System and site visit by City staff
A. Consistency with Goals, Objectives and Strategies
The subject site is located in anExisting Land Use designation. The
Denton Plan notes that within established residential areas, new development should
respond to existing development with compatible land uses, patterns, and design
standards. A rural large lot single-family residential site would be consistent with the
future land use designation and therefore the Denton Plan.
B. Land Use Analysis:
The applicant is proposing to replace a mobile home with a new modular home, which is
a permitted land use in the RD-5X zoning district.The limiting factor is the one acre size
of the subject site. With a minimum lot are of five acres, the subject site does not comply
with the minimum lot size of the RD-5 zoning district.
The two districts are very similar with regard to the types of uses permitted, however the
NR-1 district is more restrictive with regard to commercial and industrial uses.
Within the Residential Land Use category, there are two differences between the
proposed zoning district and the RD-5X holding zoning district. The first is the
requirement for a Specific Use Permit (SUP) for accessory dwelling units in the NR-1
district with Limitation L(1). Limitation L(1) states that accessory dwelling units are
permitted, subject to the following criteria (Section 35.5.8):
= Accessory dwelling units are permitted, subject to the following additional
criteria:
1. The proposal must conform to the overall maximum lot coverage and setback
requirements of the underlying zone.
2.
The maximum number of accessory dwelling units shall not exceed 1 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential
structure shall not exceed 50% of the GHFA of the primary residence on the lot, and
shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5.
4. One 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 50% of the GHFA of the primary residence on the lot,
where the lot size is equal to or greater than ten 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 acres.
Additionally, Live/Work units and Manufactured Housing developments are permitted in
the RD-5 district, but not permitted in the NR-1 district. A Group Home requires an SUP
in the RD-5 district and is not permitted in the NR-1 district.
The NR-1 district does not permit the types of commercial activity that is typical in a
rural zoning district such as the Sale of Products Grown on Site and Equestrian Facilities
require approval of an SUP, yet are permitted by-right in the RD-5 district.
Within the Institutional Land Use category, Feed Lots and Wholesale Nurseries are
permitted in the RD-5 district, and not permitted in the proposed zoning district. Kennels
are permitted in both zoning districts subject to different limitations and Veterinarian
Clinics are permitted by right in the RD-5 district and subject to Limitation L(14) in the
NR-1 district. The L(14) limitation states the following:
= Uses are limited to no more than 10,000 square feet of gross floor area.
Finally, with regard to Institutional Uses, Adult or Child Daycare and Kindergarten,
Elementary Schools are permitted within the RD-5 district, yet require an SUP in the NR-
1 district.Basic Utilities are permitted in the RD-5 district by right and permitted with
Limitation L(25) in the NR-1 district. The L(25) limitation states the following:
= If proposed use is within 200 feet of a residential zone, approval is subject to a
Specific Use Permit.
The site includes approximately 1.0 acres zoned with a holding district designation of RD-5X.
The rezoning case would affect the zoning allocation of the NR-1 zoning district within the city.
Currently, there is approximately 673.684 acres of land within the city that is zoned NR-1. If the
-1 allocation within the city will increase from 673.684
acres to approximately 674.684 acres.
NR16
673.684671.684
(Existing and Proposed)
The subject site has been developed as single family residential since
4.9miles
HodgeElementary
8.1± miles
StricklandMiddle
School
3.0± miles
Ryan High School
Station #2, 3309 E. McKinney Street2.5 ± miles
Source: City of Denton GIS, Fire Department, andEMS
A. Estimated Demand and Service Provider:
1.0± acres
Permitted Density1Yes
Potable Water
Consumption 1(peak)Yes
(GPM)
Wastewater
1(peak)Yes
Generation (GPM)
B. Available Capacity:
The existing city water and sewer mains along Trinity Road have adequate available capacity to
accommodate the proposed zoning change.
C. CIP Planned Improvements:
There are no planned public improvements for the water and sanitary sewer facilities serving the
subject site.
A. Estimated Demand:
1.0± acres
Average Annual
10Yes
Daily Trips (AADT)
PM Peak Hour Trips1Yes
B. Available Capacity:
Trinity Road has capacity to accommodate this development under its current condition.
C. Roadway Conditions:
Trinity Road is classified as an unimproved perimeter street; however, per Section 35.20.2.L.4.a
of the DDC, this development is exempt from perimeter street improvements along Trinity Road
frontage.
D. CIP Planned Improvements:
There are no planned CIP projects for Trinity Road at this time.
The environmentally sensitive areas (ESAs) map shows upland habitat ESA on the subject
property. Per Sec. 35.17.9 of the Denton Development Code (DDC), residential development
shall be designed to remain a contiguous fifty percent (50%) tree canopy, which shall remain in
its natural state.
There are no wells, public or private on site. Any future development would be served by city
potable water.
The electrical provider in the area is Denton Municipal Electric (DME).
The Park Land Dedication Ordinance applies to developments with residential subdivisions of
five (5) dwelling units or more. This application has only 1 residential unit.
None.
RD-5X
RD-5X
RD-5X
RD-5X
RD-5X
RD-5X
Public Notification Date: 1/10/14
5
7
In Opposition: 0
In Favor: 0
Neutral: 0
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