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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1879,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding the City’s proposed agreement with the
Denton Parks Foundation.
City of DentonPage 1 of 1Printed on 8/2/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Parks and Recreation
ACM: Sara Hensley, Assistant City Manager
DATE: August 6, 2019
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding proposed agreement with
the Denton Parks Foundation.
BACKGROUND
OnMay 8, 2018, staff provided a status update on organizational activities regarding the Parks
Foundation and requested direction from City Council on how to proceed with the development of the
Foundation agreement. The agreement was to address administrative support, pay for the Executive
Director, donations, guidelines, measuring impact, and other items identified in the forensic
investigation. City Council directed staff to develop a formal agreement with the Foundation.
As directed by City Council, staff prepared an agreement with the Parks Foundation that was presented and
approved by City Council on August 7, 2018, see attached Exhibit 3. The agreement includes an initial term
of one year with two optional one-year renewals. The agreement was written to clarify the respective roles
of the Denton Parks and Recreation Department and the Parks Foundation. As per the direction from City
Council, the Parks Foundation was to be paid a lump sum of ($76,500) for services rendered. This funding
was used to pay the Executive Director retro-actively for time served during suspended operations while the
internal review was conducted in 2017-18.
In November of 2018, the Executive Director resigned, and the position was vacant for approximately six
months. In May 2019, Brooke Moore was hired as the new Executive Director. Per the agreement, the
Parks Foundation is to be paid a lump sum of ($76,500) for services rendered to support the costs of the
Executive Director and minor operating costs. With the Executive Director position being vacant for
approximately six months, the Parks Foundation is proposing to utilize the unused amount of $35,875 from
the FY2018-19 operating budget to be placed in an endowment. Anticipated dividends paid from this
investment are projected to generate approximately $2,400 each year in perpetuity. These proceeds would
beenough to provide 16 scholarships annually for low-income youth. This endowment could also be used
to encourage additional donations to the principle to expand the ability to provide additional scholarships
in the future.
Approving year two of the agreement will commit a lump sum fee of $76,500 to be placed in the Parks and
Recreation operating budget for FY2019-20. This fee will again be utilized to support the salary of the
Executive Director and minor operating expenses.
A draft Annual Plan has been provided in Exhibit 4 for your review. This Annual Plan will be provided to
the Parks, Recreation and Beautification Board on September 2, 2019, for review and
consideration. Then, upon endorsement of the Board, the Annual Plan will be presented to City Council
for official adoption along with an updated agreement.
RECOMMENDATION
Staff recommends support of this partnership
PRIOR ACTION/REVIEW
On August 7, 2018, City Council approved Ordinance 18-1264 and executed an agreement with the Parks
Foundation.
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Presentation
Exhibit 3 Ordinance and Agreement
Exhibit 4 2019 Annual Plan
Respectfully submitted:
Gary Packan
Director of Parks and Recreation
Exhibit 4
Annual Donor Plan
October 2019 – September 2020
Fundraising Goal:
The goal for the Denton Parks Foundation is to raise $235,000 through donor gifts, Friends of the Parks
rd
membership, sponsorships, special events (including 3 party events), grants and the annual fund
campaign.
Unrestricted Funding - $10,000 (Annual Campaign, Friends of the Parks, Facebook Donations)
- Unrestricted funding will support Foundation operational costs including office supplies,
marketing collateral and materials, and community engagement and volunteer initiatives.
Dog Park Campaign - $200,000 (Special Events, Sponsorships, Grants)
- Funding raised from the Dog Park Campaign will be utilized to fill in the gap that exists between
current tax dollars available for the construction for the North Lakes Dog Park and the city’s
budget, as well as additional amenities and future maintenance for both Denton dog parks.
Scholarships/Awards- $25,000 (Individual Donations, Grants, North Texas Giving Day)
- Scholarship funding will be used to provide access to recreational activities and services to
children and individuals who otherwise could not afford the opportunity. Additionally, awards
will be provided to nonprofit organizations that give underserved individuals and communities
access to Denton Parks and Recreation facilities and programs (this can include but is not limited
to Water Works Park tickets for families residing in local shelters, fees for client programs held
at parks pavilions, etc.).
Mission Message:
The mission of the Denton Parks Foundation is to engage the Denton community to enhance the
mission of the Denton Parks Department to unite, grow, and play.
We believe that when a community unites, parks get better.
Our vision is to unite people over parks and play through investments, advocacy, and accessibility
resulting in a quality life for all residents.
DPF will invest resources into DPARD to win a gold medal in 2025
DPF will advocate for 100% access for everyone in the City of Denton
DPF will provide access to all individuals who qualify for recreational scholarships by 2025
DRAFT JULY 24, 2019
Fundraising Methods:
Secure Individual Donations
o Donor Cultivation, Solicitation, and Stewardship
Contacts, engagement, appeals/proposals, impact reports
o North Texas Giving Day Campaign
o Annual Fund Campaign
Utilize both mail and electronic appeals
Special Events
o Two Signature Events Each Year
Fall and spring
rd
o Utilize 3 Party Events (hosted by others)
Friend of the Parks Membership
Dog Park (or Major Initiative Park Campaign)
Timeline for Methods:
Ongoing
Maintain prospect and donor records
Donor cultivation
o Acquire prospect names and contact information
o Donor contacts
o Dog Park Campaign Solicitation
Donor stewardship
o Donor thank you letters
o Donor calls
o Donor contacts
Grant writing
Public Relations and Community Engagement
rd
3 Party Events
Coordinate monthly Foundation Board meetings
Attend monthly Parks, Recreation and Beautification Board meetings
Provide regular updates and quarterly report to the Foundation Board, Park Board and City
Council
Quarter 1 October 2019 –December2020
October 1 – Electronic Newsletter
Dog Park Opening
Chamber Ribbon Cutting
Bark-a-que or Barktober Event
Adult Easter Egg Hunt Sponsorship Soliciation & Save the Date
November 1 – Electronic Newsletter
November 6 – Direct Mail Piece
November 15 – Thank you video released (National Philanthropy Day)
November 17 – Dig In! Volunteer Event at Denton Katy’s Trail (National Take a Hike Day)
DRAFT JULY 24, 2019
December 1 – Electronic Newsletter
December 13 – Electronic Appeal
December 30 – Thank you Email
Quarter 2 January 2020 –March2020
January 1 – Electronic Newsletter
January 22 – Donor Tax Receipts sent
February 1 – Electronic Newsletter
February 14 – Donor thank-a-thon or postcard
March 1 – Electronic Newsletter
Dig In Volunteer Project (Collaborated with Keep Denton Beautiful)
Conduct Audit
Quarter 3 April 2020 – June 2020
April 1 – Electronic Newsletter
April 3 – Adult Egg Hunt (Signature Event)
May 1 – Electronic Newsletter
June 1 – Electronic Newsletter
June 1 – Dig In! Volunteer Event (National Trails Day)
June 15 – Annual Appeal Mailer
June 18 – Picnic in the Park Event (International Picnic Day)
Quarter 4 July 2020 – September 2020
July 1 – Electronic Newsletter
August 1 – Electronic Newsletter
September 1 – Electronic Newsletter
Splish Splash Doggie Bash
Submit Denton Benefit League Grant
September 17 – North Texas Giving Day
September 17 – Celebration on the Square
DRAFT JULY 24, 2019
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1781,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding the prohibition of parking on the north
side of Gregg Street between Fulton Street and Denton Street.
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215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Capital Projects
CM/ DCM/ ACM: Mario Canizares
DATE: August 6, 2019
SUBJECT
Receive a report, hold a discussion and provide direction for prohibiting on-street parking on the north
side of Gregg Street between Fulton Street and Denton Street.
BACKGROUND
The City staff hosted a community meeting on May 2, 2019 with the residents from the historic
Oak/Hickory neighborhood to discuss on-street parking and traffic safety along the Oak Street and
Hickory Street corridor. One of the main concerns raised by several residents present during the meeting
was the hazards created by the on-street parking along Gregg Street between Fulton Street and Denton
Street. The segment of Gregg Street between Fulton Street and Denton Street is approximately 26 - 28
feet in width and experiences heavy on-street parking on both sides due to the proximity of the University
of North Texas (UNT) campus. Given the narrow width of the street and a high parking demand, the
space available for two-way travel along this street is approximately 10 to 12 feet.
Additionally, the Fire Code requires a street to be a minimum of 26 feet for on-street parking on one side
and 32 feet for on-street parking on both sides. This requirement provides the necessary space essential
for access and deployment of fire equipment. The current street width does not provide sufficient capacity
to legally permit on-street parking on both sides of Gregg Street between Fulton Street and Denton Street
as it does not satisfy the requirement included in the Fire Code. Based on review of existing parking
conditions and the available street width for two-way traffic along Gregg Street between Fulton Street and
Denton Street and further review of the Fire Department access and response needs, staff recommends
restricting parking on one side of the street. This will allow emergency vehicles to respond to public
safety calls and allow for the safe deployment of Fire Department equipment. The request for restricting
rd
on-street parking along Gregg Street was presented to the Traffic Safety Committee on June 3 and was
unanimously approved and recommended for City Council approval by the committee.
Staff recommends restricting on-street parking on the north side of Gregg Street from Fulton Street to
Denton Street for the following reasons.
- The majority of large trash bins appear to be located on the north side of Gregg Street, this would
allow solid waste vehicles to access the containers without any conflicts.
- The south side of Gregg Street allows for more parking space versus the north side as it contains
fewer driveways.
- Improved sight distance at driveways will be provided for residents on the north side of Gregg
Street.
Staff notified the property owners and residents on this segment of Gregg Street about the proposed
discussion item regarding on-street parking before the Traffic Safety Commission meeting that was held
on June 3, 2019, to ensure that residents and property owners have an opportunity to voice any concerns
they may have. Letters were mailed on May 24, 2019 and door hangers were placed on May 29, 2019
during this round of notification. Additionally, staff has notified the residents along Gregg Street as well
as the surrounding community about the discussion and consideration of this item during the August 6,
2019 City Council meeting.
OPTIONS
1. Provide staff with additional direction.
RECOMMENDATION
Staff recommend restricting on-street parking on the north side of Gregg Street from Fulton Street to
Denton Street for accessibility and safety reasons.
ESTIMATED SCHEDULE OF PROJECT
It is anticipated the work could be scheduled for completion within two weeks of Council approval.
FISCAL INFORMATION
Approximately $1,500 in labor and material cost for signage which can be covered through the annual
operations and maintenance traffic funds.
EXHIBITS
1. Agenda Information Sheet
2. Presentation
Respectfully submitted:
Pritam Deshmukh, P.E.
Deputy City Engineer
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1378,Version:1
AGENDA CAPTION
Receive a report and hold a discussion on staffing levels, departmental resources, and recruitment and training
efforts in the Denton Police Department.
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Police Department
CM/ DCM/ ACM: Todd Hileman
DATE: August 6, 2019
SUBJECT
Receive a report and hold a discussion on staffing levels, departmental resources, and recruitment and
training efforts in the Denton Police Department.
BACKGROUND
The Denton Police Department is an intelligence led, data driven, proactive policing organization focused
on the tenets of relational policing. With an authorized number of 185 sworn officers, the Denton Police
Department is committed to making Denton a safe, sustainable, and livable city for all residents. To achieve
this goal, the Denton Police Department divides its resources between a variety of goals and objectives that
focus on enforcement, education, and engagement. This requires officers to serve in a variety of roles from
patrol officers to investigators to student resource officers and more.
Today, Chief of Police Frank Dixon will provide a high-level overview of current staffing levels within
each unit and division of the Denton Police Department including Operations, Investigations, and Support.
Moving forward, members of the police department will brief City Council on a quarterly rotation to dive
deeper into each unit to provide a greater understanding of their roles and responsibilities.
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Presentation
Respectfully submitted:
Frank Dixon
Chief of Police
Prepared by:
Khristen Jones
Public Information Liaison
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1881,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding the 2019 Bond Program.
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Office
CFO: Antonio Puente, Jr
DATE: August 6, 2019
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the 2019 Bond Program.
BACKGROUND
City Council approved a resolution establishing the Special Citizens Bond Advisory Committee on April
following:
Consider the previously presented projects in the bond program:
o Public safety facilities
o Major roadway projects
o Local streets improvements
o Streetlights
o Sidewalks
o Parks and Open Space
The Committee met eight times beginning May 30 to review project information from staff and formulate
their recommendation to the City Council. At their July 25 meeting, the Committee made a recommendation
of projects, total funding amounts, and public art inclusion in the 2019 bond program. Below are
recommendations for each proposition and total program funding from the Committee. After voting on each
project separately, the Committee unanimously approved the recommendation.
SCBAC Recommendation
Proposition Bond Cost
Public Safety Facilities Proposition $ 61,900,000
Streets Improvements Proposition $ 154,000,000
Park Improvements Proposition $ 5,619,000
Total Bond Program Recommendation $ 221,519,000
At their August 1, 2019 work session, the City Council
provided further direction on the proposed 2019 bond program. Council recommended breaking the bond
program out into four propositions so that voters could consider public art separately and to allow more
flexibility for all public art funds are used.
At their August 6 work session, the City Council will further discuss the proposed 2019 bond program,
followed by a public hearing during the City Council meeting to solicit public feedback. The current plan
is for City Council to consider calling the November 5 bond election at their August 13 meeting. The last
day to call the election is August 19.
Current Considerations for Bond Program
Proposition Bond Cost
Public Safety Facilities Proposition $ 61,900,000
Streets Improvements Proposition $ 154,000,000
Parks Expansion Proposition $ 5,000,000
Public Art $ 619,000
Current Proposed Bond Program $ 221,519,000
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 2019 Bond Program Presentation
Respectfully submitted:
David Gaines
Director of Finance
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1684,Version:1
AGENDA CAPTION
Receiveareport,holdadiscussion,andgivestaffdirectionregardingresearchontinyhousevillagesfor
individualsexperiencinghomelessnessandtheproposedDentonBasicServicesCenterprojectaddressed
duringPresentationsfromMembersofthePublicattheAugust7,2018CityCouncilmeetingandJune18,
2019 City Council meeting.
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215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Public Affairs/IGR Community Development
CM/ DCM/ ACM: Sara Hensley
DATE: August 6, 2019
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding research on tiny house villages for
individuals experiencing homelessness and the proposed Denton Basic Services Center project addressed
during Presentations from Members of the Public at the August 7, 2018 City Council meeting and June 18,
2019 City Council meeting.
BACKGROUND
On Aug. 7, 2018, a resident group presented a project proposal to City Council for a sanctioned tent
encampment/transitional housing project, referred to as the Denton Basic Services Center, proposing for it
to be on City property at 1125 N Ruddell St. On Aug. 28, 2018, a Council work session was held to allow
Council to discuss the project proposal and provide direction to staff.
Council provided direction for staff to focus on creating a Shelter Planning Workgroup through the Denton
County Homelessness Leadership Team (DCHLT) to assess the shelter environment and make
recommendations. The DCHLT Shelter Planning Workgroup met over the fall 2018 and presented a report
on December 18, 2018 to Denton City Council, with a primary recommendation to explore expanding
shelter nights and hours in Denton County to assist individuals experiencing homelessness.
After further research, a proposal was developed from Monsignor King Outreach Center (MKOC) to expand
shelter nights and service from 3 nights/week to 7 nights/week and move toward an enhanced service model.
On May 21, 2019, a shelter proposal was presented to City Council, along with other three options to
isis Response System in the areas of diversion, street outreach, and
housing assistance. City Council is currently considering funding of the options as part of the FY19/20
budget process.
On June 18, 2019, the Denton Basic Services Center group spoke again to Council during the Citizen
Comments portion of the agenda, indicating that tiny houses would be built instead of tents. See attached
their proposal in Exhibit 4.
Following the comments, information was requested on tiny house villages that serve individuals
experiencing homelessness in other communities.
DISCUSSION
Staff performed research for other communities, including village models
referenced by the Denton Basic Services Center group.
homelessness can mean many different things and be used in different contexts. In general, staff found that
there are two types: 1) villages providing permanent housing as a housing solution, or 2) transitional
encampments that have temporary permits.
A cover sheet with information on each village is provided in Exhibit 3 with information on the
organizations, purpose, site location, land, funding and budget, description of the units and unit features,
village amenities, supportive services provided, other relevant information, and resources used. The
following villages were researched:
CommunityFirst! Village, Austin/Travis County, TX, Permanent Supportive Housing
The Cottages at Hickory Crossing, Dallas, TX, Permanent Supportive Housing
Quixote Village, Olympia, WA, Permanent Supportive Housing
Emerald Village, Eugene, OR, Permanent Supportive Housing
Tiny House Greensboro, Greensboro, NC, Permanent Supportive Housing
OM Village, Madison, WI, Permanent Housing
Dignity Village, Portland, OR, Transitional/Temporary Village
Opportunity Village, Eugene, OR, Transitional/Temporary Village
Othello Village, Seattle, WA, Transitional/Temporary Village
Compassion Village, Sacramento, CA, Transitional/Temporary Village
Staff will present the research and seek Council direction for any next steps.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
EXHIBITS
1. Agenda Information Sheet
2. Presentation
3. Research on Villages for Homelessness
4. Denton Basic Services Center Proposal from June 2019
Respectfully submitted:
Sarah Kuechler
Director of Public Affairs
Dani Shaw
Community Development Manager
BALANCED INVESTMENT
wĻƭĻğƩĭŷ ƚƓ źƓǤ IƚƒĻ źƌƌğŭĻƭ ΛWǒƌǤ ЋЉЊВΜ
Travis County/Austin, TX CommunityFirst! Village ͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵Ћ
Dallas, TX The Cottages at Hickory Crossing ͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵Ў
Olympia, WA Quixote Village ͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵Б
Eugene, OR Emerald Village (EVE)͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵ ЊЊ
Greensboro, NC Tiny House Greensboro ͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵ ЊЍ
Madison, WI OM Village ͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵ ЊЏ
Portland, OR Dignity Village ͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵ ЊВ
Eugene, OR Opportunity Village ͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵ ЋЊ
Seattle, WA Othello Village ͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵ ЋЌ
Sacramento, CA Compassion Village ͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵͵ ЋА
Њ
Travis County/Austin, TX CommunityFirst! Village
Opened 2014
Organization Non-Profit: Mobile Loaves & Fishes
Faith-based organization operating in Texas as well as 3 other states.
Founded in Austin, TX in 1998.
The concept for this village started with Mobile Loaves & Fishes purchasing
their first gently used RV with the goal of lifting one person off the streets. In the
years that followed, they helped more than 100 individuals into RV homes in
different RV communities in the Austin area. During this time, began to brainstorm
supportive community.
Purpose
Provides Permanent Housing. The intent is that any individual who qualifies can
live in the Village permanently, providing they pay their rent, abide by civil law and
follow the rules of the community.
Since individuals began moving in Jan. 2016, the village has experienced an 87%
retention rate (updated Feb. 2019).
This transformative community exists to care for and serve our friends who are
coming out of chronic homelessness and yearn for a permanent place to call
home.-CommunityFirst! Village website.
Land
Private land
A 27-acre master planned community
Located in northeast Travis County, outside the city limits
It took nearly 10 years to get the project approved, mostly due to opposition from
neighbors. Originally sited with Austin city limits, the village was eventually
developed in the county instead, with land already owned by Mobile Loaves and
Fishes.
Since it is outside city limits, there is no zoning, but have to comply with
certain state regulations involving density and water quality.
Funding and Budget
Phase I Structures: $14.5 million privately fundedeach structure is privately
sponsored.
Annual Operating Budget: $5.3 million (2017) through public support, private
donations, micro-enterprise.
Description
Phase I - A 27-acre master-planned village of tiny homes for the disabled,
chronically homelessincluding 120 micro homes and 100 RVs, and 20 ""canvas-
sided"" homes (tents with concrete foundations). Home to nearly 200 individuals.
o Micro-homes and canvas-side cottages are between 144-200 sq ft and
have electric services and heating systems, but are not connected to
water or sewer systems, so residents must use common kitchens,
bathrooms, and laundry facilities
o The RVs have full kitchens and bathrooms, as well as other
amenities, to better accommodate residents with greater needs
o The village offers community amenities like places for worship, gardens, a
medical facility, trails, outdoor movie theater, and more; rent is in the range
of $200 to $350.
Phase II Planned - In Oct 2018, they broke ground on a 24-acre expansion, which
will add 100 RV sites, 200 micro-homes, alongside a permanent 20,000 sq ft
health facility, and other structures and amenities. That would bring the village's
total population of 500 people. Construction expansion estimated to cost $20M.
o Sponsorship opportunities advertised:
o RV Homes - $35,000/home; approx. 275 sq ft in size; each unit includes a
full-service kitchen, bathroom, bedroom, and living area
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o Micro Homes - $25,000/home; approx. 180-200 sq ft; have electrical
power but no plumbing; community kitchen and private restroom and
shower facilities are available for use throughout the Village
Supportive Services There is a broad range of services available on-site, including:
Full-time behavioral health case managers through Integral Care.
Extensive primary healthcare services provided by the Community Care
Collaborative.
Intensive Outpatient Program through Austin Recovery to treat substance use
disorders.
Home hospice and respite care.
Micro-enterprise business opportunities through Mobile Loaves &
Community Works program.
Regular farmers market to provide residents with healthy, nutritious and free
.
A bus route to Austin services the village.
Other
Require residents to demonstrate proof of homeless dwelling for at least one
year within the Austin metropolitan area. This is to help assure that
chronic homelessness.
There are full-time on-site property managers and have full-time maintenance staff
on-site at the property.
Microenterprise opportunities to help residents earn an income while learning
soft skills working alongside volunteers. Residents can work in gardening (produce
stays in village for resident consumption), screen printing, car convenience
services, concessions/catering, blacksmithing, and ceramics.
Mobile Loaves& Fishes, Community First!Village, https://mlf.org/community-first/
Resources
Mobile Loaves& Fishes, FAQ, https://mlf.org/faqs/
Mobile Loaves& Fishes Audit, https://mlf.org/wp-content/uploads/2019/06/MLF-Audit-2018-
FINAL-1.pdf
https://www.eugene-or.gov/DocumentCenter/View/31978/University-of-Oregon-Rest-Stop-
and-Opportunity-Village-Report?bidId=
uses, and lots of Ne
2018, https://www.citylab.com/design/2018/11/community-first-village-homeless-tiny-homes-
austin-texas/575611/
Washing
Oct 26, 2018 https://www.washingtonpost.com/graphics/2018/national/tiny-
houses/?noredirect=on#austin
https://www.huduser.gov/portal/pdredge/pdr-edge-inpractice-040317.html
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Phase I Map (below)
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Dallas, TX The Cottages at Hickory Crossing
Opened 2016
Organization Nonprofit: CitySquare in collaboration with other service providers
CitySquare received status as a 501(c)3 non-profit in 1990 and has grown into a
broad community development organization offering a comprehensive array of
social services to fight poverty including: hunger, health, housing, and hope.
CitySquare Housing was founded in 2001 to act as the development and housing
arm of CitySquare; it has developed or constructed almost 1,000 residential units,
200,000 sq. ft. of commercial space, and is closing in on the $200 million mark in
assets developed and a consolidated net worth of $30 million.
Purpose
Permanent Supportive Housing (PSH) to combat the problem of chronic
homelessness in Dallas through a private-public partnership by serving the first
permanent supportive housing community for homeless individuals with histories of
mental illness, joblessness, poverty, and substance abuse.
In April 2018, the retention rate was reported to be around 80%.
Land
CitySquare purchased 3 acres of open space in central Dallas where Interstate
30 crosses Interstate 45.
The property is zoned as MU-1 (multi-use) and is designated for mixed use of
office, residential, retail, and personal service and lodging. The cottages are
classified as a Planned Development District.
Funding and Budget
Capital: $6.8 million for structures
o City: $1 million, County: $1.5 million
o Private support: CitySquare, Central Dallas Community Development
Corporation (through Bond from Dallas Housing Finance Corp. 2011),
Metro Dallas Homeless Alliance, Metrocare Services, UT Southwestern
Medical Center and Communities Foundation of Texas, which launched
the cottages with a $2.5 million challenge grant from its W.W. Caruth Jr.
Foundation Fund.
Annual Operating Budget: Approx. $750,000 (estimated $15,000/unit x 50
units). Residents pay 30% of whatever income they may have, with a minimum of
$50 per month.
Description
50 roughly 400-square-foot cottages for the chronically homelesseach dwelling
offers a full kitchen, bathroom, and bedroom, along with mental and medical
health care on site. All 50 homes are completed and occupied.
The 4,000-square-foot support-services building is a series of small buildings
The design process took over five years and included a combination of
research, focus group charrettes, conversations in the neighborhood, and a
comprehensive engagement of stakeholders in the decision-making process.
Supportive Services
On-site supportive services, including comprehensive case management,
psychiatric care, mental health treatment and support, substance abuse treatment,
life-skills training, and employment counseling.
Located across the street from CitySquare's Opportunity Center, where the
organization runs a food bank, an employment center, a clinic and a thrift store,
and provides other services for the homeless.
Other
The units incorporate on-site solar energy technologies.
https://www.citysquare.org/programs/housing/citysquare-housing/
Resources
http://www.bcworkshop.org/cottages
https://www.dallasnews.com/arts/arts/2018/04/18/tiny-houses-shipping-containers-just-
might-solve-dallas-homeless-crisis
https://www.keranews.org/post/50-tiny-houses-built-haven-dallas-homeless-and-money-
saver-taxpayers
http://www.dallascityattorney.com/51P/Articles%20Supp%2026/ARTICLE%20841.pdf
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https://dallascityhall.com/departments/sustainabledevelopment/planning/DCH%20Document
s/ZoningDistrictStandards.pdf
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Olympia, WA Quixote Village
Opened 2013
Organization Nonprofit:
Panza 501(c)3 non-profit, doing business as Quixote Communities, supports
the villagers and helps residents by governing day to day operational affairs
and works together with the Residence Council, made up of the community
residents.
Community Frameworks served as the nonprofit affordable housing
developer, helping Panza with a feasibility study and development plan,
fundraising, design and construction, and property management.
Purpose
Permanent Supportive Housing residents may stay indefinitely, as they sign a
lease and pay rent and will not be forced to leave due to time restrictions.
Reported in July 2018, that since 2013, the village has housed 61 individuals, of
those 11 have moved on to permanent housing and 5 have returned to the streets.
Land
Land provided and leased by Thurston County for $1/year for 41 years; 2.17
acres.
The village required a comprehensive plan amendment and a zoning code
amendment adopted by the Olympia City Council over the objections of
neighboring commercial property owners.
Required a conditional use permit for property zoned Light Industrial.
Funding and Budget
Capital: $3.05 million in total, at a rate of about $88,000 per unit taking into
account donated land and services (detailed breakdown
http://quixotevillage.com/history/). Funding came from a mix of state funding,
community development grants, and donations from local organizations and
individuals.
o $1.5 million in the state capital budget, which came through the state
o $699,000 from federal Community Development Block Grant funding that came
through Thurston County and the City of Olympia
o $170,000 in Thurston County funding from state document recording fees
o $215,000 in community donations, including the Nisqually and Chehalis Tribes,
Annual operating costs: $250,000, including expenses for administrative
overhead, program management, social work and facilities management. Annual
operating cost per resident: $8,333. All residents pay 30% of their income
(minimum $50/month) in rent and sign a lease agreement with Panza.
o Sources: (Section 8 HAP contract $128,250, State Operating & Maintenance
Trust Fund $50,000, Tenant Rents non-section 8 $6,000, Thurston County
$50,000, and Private Donations $12,600)
Description
This movement started with a tent city, Camp Quixote, established in
downtown Olympia in 2007 to protest a city ordinance that banned lying or
sitting on sidewalks in the downtown core (Occupy Movement). When police
threatened to break up the camp, the homeless residents and activist supporters
found space for the camp on a church's property in Feb. 2007. Over the next six
years, seven local churches would host the camp.
Eventually Olympia, Lacey, Tumwater and Thurston County were all convinced to
pass ordinances permitting the camp on church properties, but requiring 24
hours a day monitoring by church members, strict adherence to health and safety
the camp and moving it from one church parking lot to another every three to six
moeers helped with donations, security,
finances, and transportation.
Б
Along the way Panza, a nonprofit organization, was created to support the camp
and work towards a permanent solution of a tiny home village. Washington-based
Community Frameworks served as the nonprofit affordable housing
developer, helping Panza with a feasibility study and development plan,
fundraising, design and construction, and property management.
Quixote Village was built, a community of 30 tiny dwellingseach measuring
144 square feetfor the homeless, with a shared kitchen, dining area, living room,
showers, laundry, offices and meeting space.
Each tiny home consists of: twin bed with linen, pillow, & storage underneath, half
bath (toilet and sink), closet, table and stool, intercom phone to call the
office/neighbors/911, WiFi, full electricity (lights, heater, heat lamp in bathroom),
several windows for ventilation, and porch with room for extra storage.
The over two-acre site also includes a vegetable garden.
Quixote Village is currently full and has a waiting list. Organizers are in the
process of developing two more similar villages in Washi
counties.
Building
To secure the conditional use permit to build in the non-conforming zone, the
project needed to comply with all applicable City engineering, building, and
fire codes.
Individual units had to meet requirements of IRC R-3; individual tiny home were
considered sleeping units rather than accessory dwelling units, similar to assisted
living SROs because they each have individual toilets, but not kitchens.
Supportive Services
Have 3 full-time staff to support residents (Exec. Director, Program Manager, and
Case Manager)
Also work with The Peace Center; the goal of the programming is to help the
resident build life skills that will contribute to their overall success by assessing and
understanding why the individual became homeless. Case managers are then able
to determine immediate needs of residents and place them into programing to
meet the specific needs of the individual, using their strengths to lead them to
success.
Uses Homeless Management Information System of Washington State
Other
Quixote Villages receive funding from the Washington State Housing Trust Fund
so they are required to meet state Evergreen Sustainable Development
Standards In Quixote Village, no carpet or vinyl was allowed; landscape used
water efficient design and plantings; the community building has piping and pre-
wiring for solar photovoltaic and solar hot water systems; roofing and paving were
designed to reduce heat island effects; and efficient lighting, heating systems, and
appliances were used.
http://www.quixotecommunities.org/quixote-village-faq.html
Resources
https://medium.com/wagovernor/tiny-homes-community-offers-stable-housing-human-
services-to-residents-e74197f3a1bc
http://www.commerce.wa.gov/wp-content/uploads/2019/04/Commerce-Quixote-Village-5-
Year-Report.pdf
https://www.architectmagazine.com/project-gallery/quixote-village_o
https://www.theolympian.com/news/local/article26097835.html
http://www.neighborworks.org/Media-Center/Stories/2017/Quixote-Village-Tiny-homes-as-
permanent-supportive-housing
https://apawa.memberclicks.net/assets/docs/past_conferences/2014_Conference_Presenta
tions/Thursday/tiny_houses_big_impact_on_homelessness.pdf
http://www.quixotecommunities.org/blog
https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1194&context=mjlr
https://communityframeworks.org/wp-content/uploads/2019/02/Tiny-Homes-White-
Paper-March-2015-reduced_size.pdf
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Eugene, OR Emerald Village (EVE)
Opened Sept. 2018
Organization Nonprofit: SquareOne Villages
Square One is a local nonprofit that seeks to bring cost-effective housing solutions
and develop democratic, collaborative villages.
Purpose
Permanent Supportive Housing
Land
Private land; the nonprofit bought the property in 2015 for $306,000
Allowed under R-2 zoning
Funding and Budget
EVE is being funded by generous donations from community members and grants
from local and regional foundations.
Capital: Able to build each for around $55,000/unit, including the cost of land.
Estimated total cost of $1.7M for the complex.
o Local architects and builders provided in-kind services to design and build
fourteen of the tiny houses, and a System Development Charge (SDC)
credit from the City further helped reduce costs. SquareOne led the design
and construction of the other 8 homes using structural insulated panels
(SIPs).
Operating: The 2017 operating budget was $23,782.
EVE is being funded by generous donations from community members and
grants from local and regional foundations.
Description
Each of the 22 homes at Emerald Village are designed as permanent dwellings
on a slab foundationcomplete with electricity, sleeping and living areas,
kitchenette, and bathroomall in 160 - 288 square feet.
The individual dwellings are supported by a Community Clubhouse that includes
a flexible use gathering area, community kitchen, laundry, and storage of
common resources like tools and other appliances.
Resident pays $250-$350 month ($50 is membership Fee). Residents must put
in a minimum of 50 hours of sweat equity for their unit.
The village is full. It does not maintain a waitlist and only accepts applications there
is an opening. Applications are reviewed by lottery.
Building
Meet International Residential Code (bath/kitchenette). Each dwelling has sink,
shower, and toilet.
Tiny house construction documents were each designed by an architect and
permitted as a residential dwelling in Oregon. Each plan set includes: (1) Cover
Sheet; (2) Floor Plan; (3) Foundation Plan, (4) Roof Framing Plans; (5) Exterior
Elevations; (6) Building Sections; (7) Building Details; (8) Door/Window Schedule;
and (9) Electrical plan.
Supportive Services
Unclear; but based on reading and the total budget amount, it appears it might be
just the facilitation of community meetings
Resources
https://www.squareonevillages.org/emerald
https://www.eugene-or.gov/DocumentCenter/View/36774/2016-Staff-Report-on-
Rest-Stops-and-OVE?bidId=
https://www.eugene-or.gov/DocumentCenter/View/31978/University-of-Oregon-
Rest-Stop-and-Opportunity-Village-Report?bidId=
https://www.squareonevillages.org/design
http://emeraldvillageeugene.org/
https://www.registerguard.com/rg/news/local/36554185-75/emerald-village-
eugene-a-tiny-home-complex-for-low-income-residents-signs-over-keys-to-new-
tenants.html.csp
http://sworegonarchitect.blogspot.com/2018/10/emerald-
village.html#.XRUPWehKgnI
https://www.youtube.com/watch?v=KX2_Q5ejUpc
https://www.squareonevillages.org/tinyhouseplans
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Greensboro, NC Tiny House Greensboro
Opened 2019
Organization Nonprofit: Tiny House Community Development
Working to develop tiny house communities throughout NC; communities will
consist of 3-10 units on individual lots; infill development
Tiny houses will be leased to residents based on their income and current situation
Purpose
Permanent Housing - Create safe, permanent affordable housing for those
experiencing homelessness
Land
Tiny House Greensboro (THG) at 4120 Causey Street first tiny house community
approved by the City of Greensboro Zoning & Inspections. Zoning RM-18
THG passed TRC approval for the siteplan development of the Causey Street
Project.
Funding and Budget
(requested capital and operating budget info, waiting response)
ReporteThanks to the drive, commitment and financial support of more than
1,000 volunteers, businesses, civic groups, churches, nonprofit organizations and
donors
The first tiny house is 180 sq ft with a loft, built by students in Construction
Technology classes at Weaver Academy. Students raised the money for material
and designed and built the tiny home in one semester. Weaver Academy plans to
build more tiny homes for THG in the future. This house was moved on location by
Reuben's Shed Moving. Moving and pilot car services were donated, as well.
Description
New community consists of five 288 square ft tiny homes and one 180 square ft
tiny home. Each will have a bedroom, full bathroom, kitchen with full-size
appliances and living area
Includes a community garden planted and nurtured by staff and volunteers from
the Sustainability Resource Center
Building
Following site plan approval, THG produced a working floorplan meeting the needs
of the Minimum Housing Standards, as well as meeting the requirements for the
City.
THG, along with an intern, UNCG Architecture and Interior Design designed the
first 288 sq ft model that will be the first stick built tiny house on a block
foundation.
Supportive Services
Potential tenants are screened by area nonprofit agencies to determine their
income and eligibility. The organization owns the homes and tenants pay 40% of
their income for rent.
https://www.tinyhousesgreensboro.com/
Resources
https://www.tinyhousesgreensboro.com/causey-street-community
https://www.wunc.org/post/greensboro-builds-tiny-houses-homeless
https://www.greensboro.com/news/local_news/greensboro-debuts-tiny-home-community-to-
address-affordable-housing-issues/article_dc63bf33-b968-5381-88b9-34f92bb216fb.html#6
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Madison, WI OM Village
Opened November 2014
Organization Nonprofit: Occupy Madison Inc. (OMI)
A 501(c)(3) membership group with an elected Board of directors
Purpose
Permanent Housing Residents can live here in perpetuity as long as they
follow the rules.
Land
On private land; purchased by OMI
Planned Urban Development approved by the City for 3 phases of development
(see below)
Funding and Budget
Funded by the non-profit, which does not use or seek out tax dollars
Capital: Fundraising $182,000 in cash donations so far and an additional $5,000
through what it calls its micro-enterprises. OMI bought the tiny village site last year
for $110,000, putting $33,000 down. It spent an additional $160,000 or so getting
the site ready for the tiny houses. Each house costs about $3,500. New ones are
made in an on-site workshop.
Operating: Monthly costs run about $1,800, which includes mortgage, utilities and
insura
costs on-site retail store bring in about $500 per month. The mortgage, utility bills
and insurance totaling around $27,000 annually are all covered through
donations and sales from the Village Store.
Description
Started out from the Occupy Movement in the City of Madison (violated zoning
ordinance to camp anywhere in Madison) and on County Parks land. OMI was
formed to pursue other solutions for people facing homelessness.
There is room for 9 Units at 98 sq. ft. each and costing about $3,500 per unit with
labor volunteered. Each house has working electricity but no running water.
A central building which used to be an auto repair shop has toilets and
showers. The building also has a woodworking shop and the Village Store, where
residents can sell wooden goods and other handmade items. No illegal drugs are
permitted on the property, and because of the actions of some former residents, a
zero-alcohol policy also has been put in place.
Per PUD with the city, development broken up into phases:
o Phase 1: Completed. Added 3 homes and stewards, built garden beds,
remodeled the shop and store, and remodeled/built three bathrooms (2
have showers)
o Phase 2: In Process. Need to add a community room, kitchen, and another
bathroom before another 4 houses can be added and occupied. Estimated
to cost $80,000 and in the process of raising funds.
o Phase 3: Future. Include an addition on the front of the store to act as the
new store and convert the current store space into office space.
R
must contribute at least 500 hours of sweat equity to get a house. Residents do not
pay rent or utilities, but are expected to do chores and contribute to maintenance
of the facility
Building
Unclear; Planned Urban Development application stated that there was not
development standards for the tiny house, but the organization would do so with
guidance from the commission
Supportive Services
No supportive services provided on-site
Operate a shared garden, a woodworking shop, and a village store to sell goods;
hold monthly potlucks
Other
https://occupymadisoninc.com/
Resources
https://madison.com/ct/news/local/city-life/occupy-madison-tiny-homes-village-looks-to-
expand/article_76697ab3-e175-59bb-8e59-dda685c7b684.html
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Portland, OR Dignity Village
Opened 2000
Organization Nonprofit: Dignity Village
Purpose
Transitional campground, 50-60 residents
Land
On City-owned land, sharing the lot with the municipal leaf composting facility;
Campground zoning.
. This
statute permits Dignity Village to be used
who lack permanent shelter and cannot be placed in other
The City of Portland has a high-density zoning classification; having a separate
variation increasing the maximum density permitted for transitional, short-term
housing.
Funding and Budget
Annual operating costs are roughly $28,000, covered by a $35 a month fee
from each resident and the rest of their operating budget comes from micro-
business revenues and private donations.
City also provides a dedicated social worker.
Description
A village for the homeless comprising 43 basic dwellings built of recycled or
reclaimed materials and equipped with a bed and propane heater.
The dwellings don-ups in them. Few are connected to
electricity; requests for electricity must be approved by membership vote, typically
water there are
two shared sinks, one shower for the whole Village, and several port-a-lets.
-year maximum stay per
person. However, enforcement of the provision is unclear.
In 2013, an rrent
residents have been there two years or longer, and one-third have lived there for
Building
Falls under specific State of Oregon building codes governing campgrounds.
See above. The dwellings do not have utilities; a few are hooked up to electricity.
Due to the temporary nature under the Designated Campground classification,
each tiny house has been built on platform to facilitate eventual removal via flat-
bed truck and road restrictions upon removal require that the structures be no taller
in order to prevent pests.
Supportive Services
Besides granting public land, the city provides funding for a dedicated social
worker to help members with job searches, resume writing, and transportation to
medical and counseling appointments (not included in the above budget figure)
Other
In March 2019, a propane tank exploded, burning 1 person and destroying
dwelling https://katu.com/news/local/propane-tank-explodes-burning-1-person-and-
destroying-home-at-dignity-village
https://dignityvillage.org/about-2/
Resources
https://www.pri.org/stories/2016-02-09/tiny-house-village-portlands-homeless-find-dignity
https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1194&context=mjlr
https://www.oregonlive.com/portland/2013/10/dignity_village_residents_figh.html
https://www.kgw.com/article/news/village-movement-gains-traction-as-housing-alternative-
goes-mainstream/460034966
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Eugene, OR Opportunity Village
Opened August 2013
Organization Nonprofit: SquareOne Villages
Square One is a local nonprofit that seeks to bring cost-effective housing solutions
and develop democratic, collaborative villages. Same as Emerald Village in
Eugene, OR recently developed Sept. 2018.
Purpose
Transitional/Temporary
Land
On City-owned land; leased required insurance and a $20,000 bond to ensure the
site would be returned to its original condition at the end of the lease
Permitted as a temporary homeless shelter land use, which required a
conditional use permit for the light industrial zoning of the site.
Establish
and City made the entire village temporary, no permanent structures are permitted.
Funding and Budget
Capital: Start-up costs were funded with around $98,000 in private cash
donations and small grants, plus an estimated $114,000 of in-kind materials
and labor.
Operating: In 2016, annual operating budget was $30,000/year. They also added
$15,000 in annual personnel expenses in 2016-including a 0.25 FTE village
coordinator, social work intern, and small amount of executive director's time.
Residents pay a $30/month utility fee to help offset operating expense. The
remainder of the budget is funded by ongoing fundraising.
Description
OVE grew out of the Occupy Movement in the Fall of 2011, and in July of 2012,
members of a Homeless Solutions Committee began to meet independently and
form Opportunity Village Eugene as a 501(c )3, which later changed its name to
SquareOne Villages after taking on additional villages.
30 micro-homes range from 60-80 sq ft in size; there is no water or electricity to
the units.
The village is supported by common cooking, gathering, restroom, and laundry
facilities. The common facilities did meet all structural, fire and sanitation codes,
and included plumbing and electrical utilities.
Another description describes the shared areas as 2 bathrooms, a common
kitchen, and a yurt that has computers, places to charge your phone, and hang out
Residents go through an application and screening process
Building
Circumvented existing local building, zoning, and housing codes by using a
conditional use permit.
The City interpreted the units to be "temporary structures" regulated under
the homes meet code requirements for structural strength, fire safety, means of
egress, and ventilation, as defined in ORSC Section 107, but were granted
flexibility around foundation and utility requirements, which helped keep costs to a
minimum.
As temporary structures the units were not required to meet typical insulation
requirements; they are still insulated but do not meet code standards.
The City of Eugene also has a unique provision that allows for the construction of
-
Supportive Services
OVE does not have on-site services or management, which greatly reduces
operating costs. Instead, work to partner with existing service providers and other
institutions in community in attempts to connect our residents with resources.
Other
In March 2019, Opportunity Village resident found dead after winter storm
https://www.kezi.com/content/news/Resident-dies-at-Opportunity-Village-during-
winter-storm-507495901.html
https://www.squareonevillages.org/opportunity
Resources
https://www.squareonevillages.org/opportunity-faq
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https://www.eugene-or.gov/DocumentCenter/View/36774/2016-Staff-Report-on-Rest-Stops-
and-OVE?bidId=
https://www.eugene-or.gov/DocumentCenter/View/31978/University-of-Oregon-Rest-Stop-
and-Opportunity-Village-Report?bidId=
https://www.ecobuilding.org/code-innovations/case-studies/transitional-micro-housing-at-
opportunity-village-eugene
https://www.klcc.org/post/eugenes-tiny-house-experiment-expands-emerald-village
https://lanecounty.org/UserFiles/Servers/Server_3585797/File/HSD/Lane%20County%20Fin
al%20Report_1.14.19.pdf
https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1194&context=mjlr
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Seattle, WA Othello Village
Opened 2015
Organization Nonprofit: Low Income Housing Institute (LIHI)
Founded in 1991. LIHI owns and/or manages over 2,200 housing units at 60
sites in six counties
LIHI had a contract with a grassroots group called Nickelsville to manage the day-
to-day operations of the village under a self-governance model. See below under
Description describing recent dispute and LIHI termination of that contract.
Purpose
Transitional/Temporary encampment
Land
Othello Village is on privately-owned land by LIHI at 7544 Martin Luther King Jr
Way S. Zoned as mixed use where both commercial and residential activities are
allowed.
City of Seattle passed an ordinance allowing up to 3 transitional encampments to
be permitted and operating at any one time, except for those operating as an
accessory to a religious facility. The encampments can only exist for one year from
the date of permit issuance and may be renewed one time for up to one year (two
years maximum).
Under a state of emergency, City superseded that ordinance and has permitted for
8 villages; the villages are permitted by the City through multiple permitting
avenues, including temporary use permits (see below more info).
The City is working on a strategy to come back into compliance with the ordinance
to only have 3 permitted.
Funding and Budget
Capital: Costs approximately $500,000 to $800,000 to relocate and set-up a
village (per ordinance, village can only exist for maximum of two years)
Annual Operating Budget: $439,066 (for 2019, funded by the City of Seattle
see attached contract)
LIHI has contracts with the Human Services Department. Since 2018, the
City has instituted a number of requirements in the contract for operations,
physical site conditions, services, HMIS participation, case management, etc. The
contracts are also based on a number of performance metrics, including how many
people are moved out of transitional housing into permanent housing.
Description
30 tiny homes and 10 tents allowed at Othello Village
o Each tiny house has electricity, overhead light and a heater. Approx.
96 sq ft (8 feet by 12 feet)
o Each village has kitchen and restroom facilities, onsite showers and
laundry, a counseling office, and a welcome/security hut where donations
of food, clothing, and hygiene items can be dropped off.
o Tiny house build groups consist of pre-apprenticeship programs, church
groups, construction companies, home repair and construction nonprofits
Under Mayor Durkan, the City has transitioned all sanctioned encampments to
tiny home villages. The City has also learned that siting, developing, and
relocating tiny house villages remains an ongoing challenge given property
logistics, costs, and program needs of serving people experiencing homelessness.
The City has also learned that providing 24/7, enhanced shelter is one of the
best solutions to help peopl
Taken from City website
In March 2019, at Othello Village, LIHI fired Nickelsville (a self-governing
community getting paid to manage the 3 villages by LIHI). LIHI and Nickelsville
were unable to reach an agreement to provide case management on site and
measures to improve transparency into daily operations of the few villages
Nickelsville manages.
ЋЌ
o Nickelsville organizers heard LIHI was going to take over and locked the
gates, LIHI entered the village, and Nickelsville workers threatened to
strike (news article here and here).
In March 2019, the City of Seattle announced that Othello Village and two
others would be temporarily re-permitted for an additional six months. During
this time, the City will develop a long-term strategy for these sites with community
As
these three villages approach the permit expiration, the City began working with
community stakeholders and service providers to learn about their experiences,
outcomes, and impacts with the villages. During this process, the City learned that
more time is necessary to include more community feedback in developing a long-
term strategy for the villages.
Othello Village has a Community Advisory Committee (CAC) that meets
monthly to review camp operations, needs, and ensure that the camp operators
and social service providers are adequately addressing all community concerns
and complaints. See minutes from June 2019.
Supportive Services
Since 2018, the City has included a number of measuresincluding case
managementas a requirement of contractors to operate these villages.
Additionally, transparency into how villages are managed, including resolution of
conflicts among residents and staff, is a priority for the City.
Other
Work is on-going to establish a Regional Authority to manage homelessness
response, expand access to diversion services which help people quickly find
housing at the beginning of their experience with homelessness, and continued
investments in enhanced shelters and safe spaces with enhanced services.
https://lihi.org/about/
Resources
https://www.seattletimes.com/seattle-news/homeless/gates-are-padlocked-at-seattles-
homeless-tiny-house-villages-as-dispute-escalates/
City of Seattle Homelessness Response Blog, March 2019,
https://homelessness.seattle.gov/update-regarding-camp-second-chance-georgetown-and-
othello-villages/
http://www.seattle.gov/homelessness/city-permitted-villages#othellovillage
https://humaninterests.seattle.gov/2019/05/02/making-progress-together/
https://lihi.org/wp-content/uploads/2016/03/zoning-and-code-language-for-tiny-houses-in-
seattle.pdf
https://lihi.org/wp-content/uploads/2018/09/tiny-house-construction-faq.pdf
City of Seattle ordinance permitting encampments
LIHI:
https://mynorthwest.com/1438176/lihi-nickelsville-tiny-home-villages-mediation/
ЋЍ
ЋЎ
ЋЏ
Sacramento, CA Compassion Village
Opened 2017
Organization
Nonprofit: E49 Foundation. Several different social ventures for churches to
become involved in. Village is a grassroots collaborative movement between E49
Corporation, local Pastors and Churches and Compassion Enterprises.
Purpose
Transitional/Temporary village
Land
Sites located primarily on underutilized church or commercially zoned C2
properties throughout the Sacramento Region.
Currently, the homes are on wheels, built to the RV code and will remain on
wheels until the City and/or County of Sacramento adjust zoning and/or building
codes for Tiny Homes.
Funding and Budget
Capital: The cost to build each home with volunteer labor is $10,000 and $15,000
with hired labor. However, their website notes that this number has gone up since
they started due to rising costs of materials.
Once the tiny homes are built and the building is rehabbed, the Villages are self-
sustaining through rents and enterprise funds.
Churches agree to partner with the village and provide a minimum of $5,000 a year
for 3 years in support of resident programming.
Description
The tiny homes are 8 x 16 and 13 ½ feet high for a total of 128 square feet.
The homes currently being built do not have restrooms or kitchens but are fully
equipped with solar energy and appliances including lighting, battery boxes
with charging stations, air, heat, fans and nearby water access and a resource
center for all other community shared utilities.
The Resource Center includes showers, restrooms, laundry, kitchen,
community living, and wrap around services.
Their ultimate goal is to build permanent supportive housing (working with
attorneys to figure out zoning/permit).
Supportive Services
Each resident is assigned a case manager who meets with residents twice
weekly in a group setting and once weekly individually to help the resident guide
their goals and needs.
Residents participate in coaching with businesses, financial coaches and social
workers to develop action plans for vocational training, microenterprise and long-
term housing.
Church funds/donated services/E49 dollars provide the wrap around services.
Resources
https://www.compassionvillage.org/tiny-house-villages
ЋА
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1755,Version:1
AGENDA CAPTION
Consultation with Attorneys - Under Texas Government Code Section 551.071.
ConsultwiththeCity’sattorneysonthestatus,strategy,andpotentialresolutionoflitigationstyled,Adolfo
th
FabelaRiosv.CityofDenton,CauseNo.17-6532-16,currentlypendinginthe16DistrictCourtofDenton
County,Texas,wherepublicdiscussionoftheselegalmatterswouldconflictwiththedutyoftheCity’s
attorneystotheCityofDentonandtheDentonCityCouncilundertheTexasDisciplinaryRulesofProfessional
Conduct of the State Bar of Texas, or otherwise compromise the City’s legal position in pending litigation.
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Legislation Text
File #:ID 19-1800,Version:1
AGENDA CAPTION
Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code
Section 551.086.
Deliberate and discuss competitive information regarding public power operational and financial matters
pertaining to the purchases and risks of wholesale energy supply pertaining to the proposed electric budget.
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File #:ID 19-1757,Version:1
AGENDA CAPTION
Summer Youth Job Program 2019
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File #:ID 19-1758,Version:1
AGENDA CAPTION
National Health Center Week
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File #:ID 19-1775,Version:1
AGENDA CAPTION
Brandi Price regarding the Citizen’s Climate Lobby’s bipartisan climate change fee and dividend plan to stop
carbon pollution
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Legislation Text
File #:ID 19-1784,Version:1
AGENDA CAPTION
Craig Clifton regarding the aquifer under the SRO being built by Park 7 at Normal - Bryan - Scripture Streets
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File #:ID 19-1449,Version:1
An ordinance of the City of Denton authorizing the City Manager, or his designee, to execute a Memorandum
of Understanding by and between United Way of Denton County, Inc. and the City of Denton and providing for
the expenditure of funds for Homelessness initiatives in the amount of $80,000 for partial funding for staffing
of the program in furtherance of the coordinated system of homeless assistance programs; authorizing the
expenditure of funds therefor; and providing an effective date.
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Public Affairs/IGR – Community Development
CM/ DCM/ ACM: Sara Hensley
DATE: August 6, 2019
SUBJECT
An ordinance of the City of Denton authorizing the City Manager, or his designee, to execute a
Memorandum of Understanding by and between United Way of Denton County, Inc. And the City of
Denton and providing for the expenditure of funds for Homelessness initiatives in the amount of $80,000
for partial funding for staffing of the program in furtherance of the coordinated system of homeless
assistance programs; authorizing the expenditure of funds therefor; and providing an effective date.
BACKGROUND
In 2015, a citizen task force organized by the Mayor Chris Watts, explored resources and activities that
could improve and expand housing solutions for the homeless in Denton. As a result, a plan was produced
that would assist individuals and families experiencing homelessness in finding and keeping a safe, stable
and permanent home. These recommendations for implementing a coordinated community–wide effort to
address homelessness included a request for funding a homeless coordinator position to provide
leadership in implementing a plan. This position would increase and improve the effectiveness of
community funding, ensure multi-faceted affordable housing options are available, and support the
implementation of innovative programs.
Since the position was not fully funded, the City approached the United Way as a partner because of its
proven track record of seeking collaboration and community-wide solutions to community issues through
collective impact strategies. The United Way agreed to partner in the project by providing additional
funds as well as being responsible for hiring, training, supervising, and organizing the homeless
coordinator position utilizing its successful collective impact initiative model. This proposal was accepted
and in February 2016, the Denton City Council authorized $40,000 in funding to be awarded to United
Way of Denton County to support the homeless coordinator position. A Memorandum of Understanding
was signed and executed in February of 2016 for the term of October 1, 2016 through September 30,
2017.
On July of 2017, the United Way provided a work session report to the Denton City Council regarding the
progress of these homeless initiatives and requested an additional $40,000 to support the Denton County
Homelessness Leadership Team’s recommendation to prioritize implementation of a Coordinated Entry
(“CE”) program as a vital part of the Housing Crisis Response System being implemented in Denton.
Denton City Council authorized an additional $40,000 in funding to be awarded to United Way of Denton
County to support the CE position. The 2017 MOU for $80,000 was signed for the term of October 1,
2017 through September 30, 2018.
In July of 2018, the United Way provided a work session report to update City Council regarding the
progress of these homelessness initiatives. The report included a request for an additional one-time
allocation of $27,748 to support the Denton County Homelessness Leadership Team’s recommendation to
add a housing navigator position to support increasing successful housing placements. The 2018 MOU
authorized $107,748 for the position of Community Impact Coordinator of Homeless Initiatives to serve
Denton in the amount of $40,000, funding in support of Coordinated Entry in the amount of $40,000, and
one-time allocation of $27,748, funding for the position of Housing Navigator.
The proposed 2019 MOU for City Council consideration is for a total of $80,000, with $40,000 to support
Collective Impact positions for homelessness initiatives and $40,000 to support the Coordinated Entry
position. In 2019, the United Way restructured their staff to improve outcomes. In the fall of 2019, the
original coordinator overseeing homelessness initiatives will assume a director position that will provide
strategic direction for both homelessness and mental health initiatives, and the United Way has hired an
additional coordinator to provide administrative support for both of these initiatives.
The responsibilities, outputs and outcomes, and duration of the agreement are outlined in the 2019
Memorandum of Understanding (Exhibit 3).
EXHIBITS
1.Agenda Information Sheet
2.Ordinance
3.Memorandum of Understanding
Respectfully submitted:
Sarah Kuechler
Director of Public Affairs
Danielle Shaw
Community Development Manager
EXHIBIT 2
EXHIBIT 2
City Hall
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215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1715,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation,
rejectinganyandallcompetitivebidsunderIFB7013fortheLakeLewisvilleWaterTreatmentPlant(LLWTP)
PhaseIIrehabilitationandmodificationoftheLakeLewisvillerawwaterstructuresandinstallationofdual
chemicalfeedsystemsatLakeLewisvilleandLakeRayRoberts;andprovidinganeffectivedate(IFB7013).
The Public Utilities Board recommends approval (5-0).
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: August 6, 2019
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
rejecting any and all competitive bids under IFB 7013 for the Lake Lewisville Water Treatment Plant
(LLWTP) Phase II rehabilitation and modification of the Lake Lewisville raw water structures and
installation of dual chemical feed systems at Lake Lewisville and Lake Ray Roberts; and providing an
effective date (IFB 7013). The Public Utilities Board recommends approval (5-0).
IFB INFORMATION/BACKGROUND
In May, 2017 Freese & Nichols, Inc. (FNI) was selected to provide final design, bid phase services and
construction administration services for the LLWTP Phase II rehabilitation and zebra mussel control
measures for both Lake Lewisville and Lake Ray Roberts. The consultant completed the design in February,
2018 and prepared plans, technical specifications and bid documents for the project construction.
FNI also prepared an Opinion of Probable Construction Costs (OPCC) for the project (Exhibit 2). The
OPCC was in the amount of $13,132,607.00. Staff prepared budget based on the OPCC and allocated
$15,000,000.00 rvices
in the amount of $1,569,579.00.
Invitation for Bids was sent to 501 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. Two (2) bids meeting specification were received. The lowest bid was received by Archer
Western Construction. The purchasing department has decided to reject all bids and resolicit this
procurement due to bids being substantially higher than the budgeted amount.
In accordance with the Local Government Code 252.043, the City Council may reject any and all bids.
PRIOR ACTION/REVIEW
On July 22, 2019, the Public Utilities Board (PUB) recommended this item to the City Council for
consideration.
RECOMMENDATION
Staff recommends rejecting all bids for Lake Lewisville Water Treatment Plant (LLWTP) Phase II
rehabilitation and modification of the Lake Lewisville raw water structures and installation of dual chemical
feed systems at Lake Lewisville and Lake Ray Roberts.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Opinion of Probable Construction Costs (OPCC)
Exhibit 3: Ordinance
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Frank Pugsley at 940-349-8086.
Legal point of contact: Mack Reinwand at 940-349-8333.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1594,Version:1
AGENDA CAPTION
Consideradoptionofanordinancepartiallyreleasing,abandoning,andvacatinga165squarefoottractofan
existing420squarefootguywireandanchoreasementgrantedtotheCityofDentonbyBobE.Trippon
January20,1976,andrecordedinVolume771Page703intheDeedRecordsofDentonCounty,Texas;and
fullyreleasing,abandoning,andvacating(I)a0.175acrepublicaccesseasementgrantedtotheCityofDenton
byMcKamyDevelopment,Ltd.,aTexaslimitedpartnership(“McKamyDevelopment”)onAugust28,2002,
recordedasInstrumentNo.2003-60472intheRealPropertyRecordsofDentonCounty,Texas;(II)a0.175
acrepublicaccesseasementgrantedtotheCityofDentonbyMcKamyDevelopmentonAugust28,2002,
recordedasInstrumentNo.2003-60473intheRealPropertyRecordsofDentonCounty,Texas;(III)a0.406
acrepublicdrainageeasementgrantedtotheCityofDentonbyMcKamyDevelopmentonAugust28,2002,
recordedasInstrumentNo.2003-60471intheRealPropertyRecordsofDentonCounty,Texas;and(IV)a
0.283acrepublicdrainageeasementgrantedtotheCityofDentonbyMcKamyDevelopmentonAugust28,
2002,recordedasInstrumentNo.2003-60470intheRealPropertyRecordsofDentonCounty,Texas;
providingforseverabilityandaneffectivedate.(EverswayAddition-guywireeasement,accesseasements
and drainage easements abandonments)
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Development Services
CM/ DCM/ ACM: Todd Hileman
DATE: July 23, 2019
SUBJECT
Consider adoption of an ordinance partially releasing, abandoning, and vacating a 165 square foot tract of
an existing 420 square foot guy wire and anchor easement granted to the City of Denton by Bob E. Tripp
on January 20, 1976, and recorded in Volume 771 Page 703 in the Deed Records of Denton County, Texas;
and fully releasing, abandoning, and vacating (I) a 0.175 acre public access easement granted to the City
of Denton by McKamy Development, ltd., a TMcK
August 28, 2002, recorded as Instrument No. 2003-60472 in the Real Property Records of Denton County,
Texas; (II) a 0.175 acre public access easement granted to the City of Denton by McKamy development on
August 28, 2002, recorded as Instrument No. 2003-60473 in the Real Property Records of Denton County,
Texas; (III) a 0.406 acre public drainage easement granted to the City of Denton by McKamy development
on August 28, 2002, recorded as Instrument No. 2003-60471 in the Real Property Records of Denton
County, Texas; and (IV) a 0.283 acre public drainage easement granted to the City of Denton by McKamy
development on August 28, 2002, recorded as Instrument No. 2003-60470 in the Real Property Records of
Denton County, Texas; providing for severability and an effective date. (Evers way Addition access
easements, drainage easements and guy wire easement abandonments)
BACKGROUND
Marker Stone Realty Partners I LLC., Ownerpartially
abandon 165 square foot of an existing 420 square foot guy wire and anchor easement and fully abandon
two drainage easements and two public access easements as they encumber the owners approved
development known as Evers Way Addition.
The guy wire and anchor easement was dedicated in 1976 to accommodate a guy wire and anchor that
supported an electric line . Denton
Munichas within the past few years made improvements to its electric line and has
removed the guy wire improvements from the easement. DME has no future plans to use the easement for
any current or future electric projects. DME has reviewed and endorses the abandonment of the guy wire
and anchor easement.
The public access easements were dedicated in 2003 as a temporary solution for turn-around areas to benefit
vehicular traffic until public improvements had been dedicated and constructed. The turn-around areas
within the public access easements was a requirement of the McKamy Evers Addition development that is
located south of the Owners development. New right-of-ways for new roads and public improvements were
dedicated by way of the Owners approved Final Plat and related construction engineering plans for Evers
Way addition in 2017. The new roads eliminate the need for the turn-around areas, therefore the public
access easements are no longer necessary.
The public drainage easements were dedicated at the same time of the public access easements in 2003. At
the time of the creation of McKamy Evers Addition in 2003. The topography of Owners undeveloped
property was graded to direct the storm-water runoff into public drainage facilities and away from the
developed lots of said McKamy Evers Addition. The graded areas were located within the subject drainage
easements. The drainage easements were temporary in nature until public drainage easements and
improvements were constructed to address the Owners storm-water runoff. Along with the dedication of
Evers Way new right-of-ways, new drainage easements have been dedicated and drainage improvements
constructed to address the areas storm-water runoff.
Said public access easements and drainage easements are no longer necessary for any current or future City
of Denton projects.
Staff recommends the abandonment of the subject easements.
Staff performs an analysis on the request for abandonments as follows:
Is the easement tract requested
Does the easement tract requested for abandonment have a continued public use?
abandonment tract?
Would the granting of this request establish a precedent for future abandonment requests?
Staff findings on this analysis are as follows:
1. The requested guy wire and anchor easement, two public access easements and two drainage easements
collectively known as the abandonment tracts, do
is defined as: Property rights acquired or used by the City for easement subsequently declared excess
(not needed for any public facility project, the continuation of operation and maintenance of public
facilities, and/or no foreseeable public improvement applications in the future).
2. No, the guy wire and anchor easement, two public access easements and two drainage easements are
not slated for utilization for any future pubic facilities.
3. The guy wire and anchor easement, two public access easements and two drainage easements
abandonment tracts, are s are
no longer needed for public facilities and the area encumbered can be freed up for other uses.
4. This abandonment will not set a precedent, because the above three standards have been met.
OPTIONS
1. Approve the proposed ordinance.
2. Decline to approve the proposed ordinance.
3. Table for future consideration.
RECOMMENDATION
Staff recommends approval of the ordinance.
ESTIMATED SCHEDULE OF PROJECT
Summer of 2019.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Evers Way Preliminary Plat approval by Planning & Zoning on September 27, 2017.
Evers Way Final plat approval by Planning & Zoning on December 13, 2017.
FISCAL INFORMATION
All costs associated with the processing of the abandonment request are being borne by the Owner.
EXHIBITS
1. Agenda Information Sheet
2. Location Map
3. Site Map
4. Project narrative by Applicant
5. Easements requested for abandonment
6. Applicants vesting deed
7. LLC., member list
8. Ordinance
Respectfully submitted:
Richard Cannone
Deputy Director of Development Services
Prepared by:
Mark A. Laird
Real Estate Analyst
Location Map
CITY OF DENTON
Subject Area
W HERCULES LN
Evers Way
RETAMA ST
YUCCA DR
MIMOSA DR
GREENWOOD DR
ROBERTS ST
CHOCTAW AVE
W COLLEGE ST
GROVE ST
GARY ST
Downtown
Denton
E PECAN ST
E OAK ST
E HICKORY ST
Subject Area
µ
05001,0002,000
Feet
Site Map
CITY OF DENTON
Marker Stone Realty Partners II LLC
City of Denton
2017-148559 R.P.R.D.C.T.
Hercules Ln.
Guy Wire and Anchor Easement.
V.771 P.703 D.R.D.C.T.
Evers Way Addition
2018-189 P.R.D.C.T.
Public Access Easement.
V.5316 / P.6366 R.P.R.D.C.T.
Public Access Easement.
V.5316 / P.6371 R.P.R.D.C.T.
Drainage Easement.
V.5316 / P.6356 R.P.R.D.C.T.
Drainage Easement.
V.5316 / P.6361 R.P.R.D.C.T.
MCKAMY BLVD
McKamy Evers Estates Ph.1
Cab. U. Pg. 938 P.R.D.C.T.
Subject Area
µ
065130260
Feet
WEBB CONSULTING GROUP, INC.
Planning, Engineering & Development
1.
2.
3.
4.
5.
6.
7.
BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITYPage 1of 1
TEXAS SECRETARY of STATE
JOSE A. ESPARZA
BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY
Filing Number:802718539 Entity Type:Domestic Limited Liability Company (LLC)
Original Date of Filing:May 10, 2017 Entity Status:In existence
Formation Date:N/A
Tax ID:32063713005 FEIN:
Duration:Perpetual
Name:Marker Stone Realty Partners I, LLC
Address:240 SQUIRREL RUN
ARGYLE, TX 76226 USA
ASSOCIATED
REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES
Last UpdateNameTitleAddress
October 21, 2018 DAVID J MARKS MEMBER 240 SQUIRREL RUN
ARGYLE, TX 76226 USA
October 21, 2018 JAMES V STRANGE MEMBER P.O. BOX 117
DENTON, TX 76202 USA
OrderReturn to Search
Instructions:
To place an order for additional information about a filing press the 'Order' button.
https://direct.sos.state.tx.us/corp_inquiry/corp_inquiry-entity.asp?spage=mgmt&:Spagefro...7/11/2019
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1756,Version:1
AGENDA CAPTION
Consider adoption of an ordinance approving a Compromise Settlement Agreement implementing the terms of
a claim settlement in litigation styled Adolfo Fabela Rios v. City of Denton,Cause No. 17-6532-16, pending in
th
the 16 Judicial District Court of Denton County Texas, as discussed in closed session; and further approving
the expenditure of funds therefor; and directing the City Manager, or his designee, and the City’s Attorneys to
effectuate as necessary and appropriate the terms of the Compromise Settlement Agreement; and declaring an
effective date.
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: LEGAL
CM/ DCM/ ACM: Aaron Leal, City Attorney
AGENDA DATE: August 6, 2019
SUBJECTConsider adoption of an ordinance approving a Compromise Settlement Agreement
implementing the terms of a claim settlement in litigation styled Adolfo Fabela Rios
th
v. City of Denton, Cause No. 17-6532-16, pending in the 16 Judicial District Court
of Denton County Texas, as discussed in closed session; and further approving the
expenditure of funds therefor; and directing the City Manager, or his designee, and
the City’s Attorneys to effectuate as necessary and appropriate the terms of the
Compromise Settlement Agreement; and declaring an effective date.
BACKGROUND: This is a suit for injury/damages involving a motor vehicle alleged against the City
of Denton by Adolfo Fabela Rios, through his attorney, Mario Cisneros of the Begum Law Group. Upon
presentation of the terms to Council in closed session on February 26, 2019, the City’s attorneys were
requested to proceed in negotiating settlement, and to prepare a compromise settlement agreement. This
compromise settlement agreement will be publicly approved by ordinance as an item for individual
consideration.
OPTIONS: As settlement of the matter was already negotiated in accordance with Council direction,
within previously delegated settlement authority, the option is to formally approve the settlement.
RECOMMENDATION: Proceed with formal approval.
EXHIBITS: Draft ordinance and Compromise Settlement Agreement.
Respectfully submitted:
/s/ Jerry E. Drake, Jr.
First Assistant City Attorney
Prepared by:
Amy Hoffee
Paralegal
Legal Staff Contact:
Jerry E. Drake, Jr.
First Assistant City Attorney
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1465,Version:1
AGENDA CAPTION
Consider the adoption of an ordinance of the City of Denton prohibiting on-street parking along the north side
of Gregg Street between Fulton Street and Denton Street; providing a repealer clause; providing a savings
clause; providing for a penalty not to exceed $500 for violations of this ordinance; providing that violations of
this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton; and providing
for an effective date. Traffic Safety Commission recommends 5-0.
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Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Capital Projects
CM/ DCM/ ACM: Mario Canizares
DATE: August 6, 2019
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas prohibiting on-street parking along the
north side of Gregg Street between Fulton Street and Denton Street; providing a repealer clause;
providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance;
providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of
the City of Denton; and providing for an effective date. Traffic Safety Commission recommends 5-0.
BACKGROUND
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The City staff hosted a community meeting on May 2 with the residents from the historic Oak/Hickory
neighborhood to discuss on-street parking and traffic safety along the Oak Street and Hickory Street
corridor. One of the main concerns raised by several residents present during the meeting was the hazards
created by the on-street parking along Gregg Street between Fulton Street and Denton Street. The segment
of Gregg Street between Fulton Street and Denton Street is approximately 26 - 28 feet in width and
experiences heavy on-street parking on both sides due to the proximity of the University of North Texas
(UNT) campus. Given the narrow width of the street and a high parking demand, the space available for
two-way travel along this street is approximately 10 to 12 feet.
Additionally, the Fire Code requires a street to be a minimum of 26 feet for on-street parking on one side
and 32 feet for on-street parking on both sides. This requirement provides the necessary space essential
for access and deployment of fire equipment. The current street width does not provide sufficient capacity
to legally permit on-street parking on both sides of Gregg Street between Fulton Street and Denton Street
as it does not satisfy the requirement included in the Fire Code. Based on review of existing parking
conditions and the available street width for two-way traffic along Gregg Street between Fulton Street and
Denton Street and further review of the Fire Department access and response needs, staff recommends
restricting parking on one side of the street. This will allow emergency vehicles to respond to public
safety calls and allow for the safe deployment of Fire Department equipment. The request for restricting
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on-street parking along Gregg Street was presented to the Traffic Safety Commission on June 3 and was
unanimously approved and recommended for City Council approval by the commission.
Staff recommends restricting on-street parking on the north side of Gregg Street from Fulton Street to
Denton Street for the following reasons.
- The majority of large trash bins appear to be located on the north side of Gregg Street, this would
allow solid waste vehicles to access the containers without any conflicts.
- The south side of Gregg Street allows for more parking space versus the north side as it contains
fewer driveways.
- Improved sight distance at driveways will be provided for residents on the north side of Gregg
Street.
Staff notified the property owners and residents on this segment of Gregg Street about the proposed
discussion item regarding on-street parking to ensure that residents and property owners have an
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opportunity to voice any concerns they may have. Letters were mailed on May 24 and door hangers were
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placed on May 29.
OPTIONS
1. Approve the proposed parking restriction and consider adoption of an ordinance of the City of
Denton, Texas prohibiting on-street parking along the north side of Gregg Street between Fulton
Street and Denton Street.
2. Reject the proposed parking restriction along Gregg Street between Fulton Street and Denton Street
3. Provide staff with additional direction.
RECOMMENDATION
Staff recommend restricting on-street parking on the north side of Gregg Street from Fulton Street to
Denton Street for accessibility and safety reasons.
ESTIMATED SCHEDULE OF PROJECT
It is anticipated the work could be scheduled for completion within two weeks of Council approval.
FISCAL INFORMATION
Approximately $1,500 in labor and material cost for signage which can be covered through the annual
operations and maintenance traffic funds.
EXHIBITS
1. Agenda Information Sheet
2. Map
3. Ordinance
Respectfully submitted:
Pritam Deshmukh, P.E.
Deputy City Engineer
STDENTON
AVEMOUNTS
STAMARILLO
STFULTON
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1777,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDentonamendingChapter18oftheCodeofOrdinancesby
modifyingSection18-210SubsectionA12toupdatetheschoolzonelimitsonPockrusPageRoadforPecan
CreekElementary;providingarepealerclause;providingasavingsclause;providingforapenaltynotto
exceed$200forviolationsofthisordinance;providingthatviolationsofthisordinanceshallbegovernedby
Chapter 18 of the Code of Ordinances of the City of Denton; and providing for an effective date.
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Capital Projects
CM/ DCM/ ACM:Mario Canizares
DATE:August 6, 2019
SUBJECT
Consider adoption of an ordinance of the City of Denton amending Chapter 18 of the code of ordinance by
modifying Section 18-210 Subsection A12 to update the school zone limits on Pockrus Page Road for Pecan
Creek Elementary; providing a repealer clause; providing a savings clause; providing for a penalty not to
exceed $200 for violations of this ordinance; providing that violations of this ordinance shall be governed
by Chapter 18 of the code of ordinances of the City of Denton; and providing for an effective date.
BACKGROUND
A sidewalk has been constructed along the north side of Pockrus Page Road from Waterlily Way to Post
Oak Boulevard for the newly developed residential homes. A ramp is also planned to be installed on the
south west corner of Pockrus Page Road and Post Oak Boulevard to provide a continuously paved path to
Pecan Creek Elementary School. This work is scheduled to be completed by the end of July 2019.
The existing school zone for Pecan Creek Elementary on Pockrus Page Road begins one hundred seventy
(170) feet west of where Pockrus Page Road intersects the centerline of Waterlily Way and ending one
hundred seventy (170) feet east of where Pockrus Page Road intersects the centerline of Waterlily Way.
It is proposed to relocate the Pockrus Page Road school zone to begin three hundred ninety five (395) feet
east of where Pockrus Page Road intersects the centerline of Fox Sedge Lane and ending eight hundred
thirty five (835) feet east of where Pockrus Page Road intersects the centerline of Fox Sedge Lane.
If the recommendation is approved a new crosswalk with two school crossing assemblies will be installed
on the eastbound approach of Pockrus Page Road at Post Oak Boulevard. The north-south crosswalk and
ramps at Waterlily Way will be removed to discourage unprotected midblock crossings.
OPTIONS
1.Approve the ordinance to update the school zone limits on Pockrus Page Road for Pecan Creek
Elementary from Waterlily Way to Post Oak Boulevard.
2.Decline the ordinance to update the school zone limits on Pockrus Page Road for Pecan Creek
Elementary from Waterlily Way to Post Oak Boulevard.
3.Take no action.
RECOMMENDATION
Staff recommends approval of the ordinance to relocate an existing school zone and crossing guard for
Pecan Creek Elementary from Waterlily Way to Post Oak Boulevard.
ESTIMATED SCHEDULE OF PROJECT
The relocation of signs and installation of new striping will be tentatively completed before school begins
on August 13, 2019.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Traffic Safety Commission supported this recommendation with a 6 of 6 approval vote.
FISCAL INFORMATION
Approximately $2,000 in material cost for pavement marking and ramp removal/installation.
EXHIBITS
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Map
Exhibit 3 - Ordinance
Respectfully submitted:
Pamela Alummoottil, P.E.
Traffic Engineer
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1790,Version:1
AGENDA CAPTION
Consider approval of the minutes of July 16 and July 23, 2019.
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CITY OF DENTON CITY COUNCIL MINUTES
July 16, 2019
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, July 16, 2019, at 10:30 a.m. in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely
Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer
ABSENT: None
Also present were City Manager Todd Hileman, City Attorney Aaron Leal, and First Assistant
City Attorney Larry Collister
WORK SESSION
1. Citizen Comments on Consent Agenda Items
Consent Item 4.U (ID 19-1648) - Jane Piper Lunt, 1205 Austin
Consent Item 4.U (ID 19-1648) - Kevin Sample, 2007 Teasley Lane
2. Requests for clarification of agenda items listed on this agenda.
Consent Item 4.A (ID 19-1123) - Pulled for Individual Consideration. (Hudspeth, Ryan,
Davis)
Consent Item 4.B (ID 19-1124) - Pulled for Individual Consideration. (Davis)
Consent Item 4.E (ID 19-1441) - Pulled for Individual Consideration. (Armintor)
Consent Item 4.H (ID 19-1509) - Pulled for Individual Consideration. (Meltzer)
Consent Item 4.S (ID 19-1597) - Pulled for Individual Consideration. (Briggs, Armintor)
Consent Item 4.U (ID 19-1648) - Pulled for Individual Consideration. (Briggs,
Armintor)
3. Work Session Reports
A. ID 19-1324 Receive a report, hold a discussion, and give staff direction regarding the Board
relation to the Ethics Board.
Council Member Meltzer had a conflict of interest and left the Council Chambers.
The presentation was made and discussion followed.
The meeting was recessed for a short break at 11:40 a.m. and reconvened at 11:50 a.m.
City of Denton City Council Minutes
July 16, 2019
Page. 2
Following discussion, the Board of Ethics was directed to bring back recommendations
regarding the conflict of interest and any other relevant items.
The meeting was recessed for a short break at 1:11 p.m. and reconvened at 1:17 p.m.
B. ID 19-1647 Receive a report, hold a discussion, and give staff direction regarding a policy
for the use of city facilities during inclement weather.
The presentation was made and discussion followed.
Following discussion, staff was directed to modify the proposed policy as related to the
temperature changes noted under Section 2.4. Formal action would follow under Individual
Consideration Item 4.U (ID 19-1648) being considered during the Special Meeting being
held later in the day.
The meeting was recessed for a short break at 3:09 p.m. and reconvened at 3:18 p.m.
C. ID 19-1600 Receive a report, hold a discussion, and give staff direction regarding gas well
issues including setback distances in Denton, setback requirements in other area cities, legal
and development issues, notification and disclosure requirements, and information
concerning a gas well setback distance study.
The presentation was made, and discussion followed.
Following discussion, staff was directed to conduct additional research and provide
information at a future meeting prior to drafting an ordinance.
The meeting was recessed for a short break at 4:40 p.m. and reconvened at 4:45 p.m.
D. ID 19-1538 Receive a report, hold a discussion and give staff direction regarding the Denton
Municipal Electric (DME) Fiscal Year 2019-20 Operating Budget and Capital Improvement
Program.
Prior to the item being presented, staff reported the item was pulled from discussion and was
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being rescheduled to July 23 Work Session.
E. ID 19-1512 Receive a report, hold a discussion, and give staff direction regarding the General
Fund preliminary FY 2019-20 Proposed Budget, Capital Improvement Program, and Five
Year Financial Forecast.
The presentation was made and discussion followed.
There was no direction provided as the item was only for presentation purposes in preparation
for the FY 2019-20 Budget process.
City of Denton City Council Minutes
July 16, 2019
Page. 3
F. ID 19-1453 Receive a report, hold a discussion, and give direction regarding departmental
presentations in preparation for the FY 2019-20 Proposed Budget, Capital Improvement
Program, and Five Year Financial Forecast.
The presentation was made and discussion followed.
There was no direction provided as the item was only for presentation purposes in preparation
for the FY 2019-20 Budget process.
G. ID 19-1688 Receive a report, hold a discussion, and provide staff direction regarding
revisions to the Special Citizens Bond Advisory Committee establishing resolution.
The presentation was made and discussion followed.
Following discussion, staff was directed to proceed with drafting a resolution for presentation
at a future meeting.
CLOSED MEETING - NOT HELD
1. The Closed Meeting was not held. Therefore, there was no deliberation of the following
items.
A. ID 19-1609 Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086. Deliberate and discuss competitive
information regarding public power operational and financial matters pertaining to the
purchases and risks of wholesale energy supply pertaining to the proposed electric budget.
NOT DELIBERATED
B. ID 19-1691 Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
pertaining to potential acquisition and use of the facility located at 401 North Elm Street,
where discussion of these legal matters in an open meeting would conflict with the duty of the
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise
any administrative proceeding or potential litigation.
NOT DELIBERATED
SPECIAL CALLED MEETING
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Special Called Meeting on Tuesday, July 16, 2019, at 6:35 p.m. in the Council
Chambers at City Hall, 215 E. McKinney Street, Denton, Texas.
City of Denton City Council Minutes
July 16, 2019
Page. 4
PRESENT: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely
Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer
ABSENT: None
Also present were City Manager Todd Hileman and City Attorney Aaron Leal
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
2. PROCLAMATIONS/PRESENTATIONS
A. ID 19-1480 International Order of Odd Fellows Denton Lodge, No. 82, 160-Year
Anniversary - ISSUED
B. ID 19-1519 Denton Disability Rights Day - ISSUED
C. ID 19- - ISSUED
3. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council
B. Receive Scheduled Citizen Reports from Members of the Public
1. ID 19-1683 Petra Kelly regarding the Denton Music and Arts Collaborative (DMAC) and
safe and supportive
environment open to artists, writers, and musicians who live in Denton to address personal
and collective issues of anxiety, depression, trauma, and grief in our community and
subsidizes counseling/therapy for qualifying individuals who identify as artists, musicians,
or writers. Requesting the City assist with meeting space accessibility and allocation of
monetary resources to the project. - PRESENTED
C. Additional Citizen Reports (Open Microphone)
Lauren Taylor, 2420 E. McKinney - regarding her platform on public access for the
disabled and the Denton Disabilities Rights Day Proclamation issued earlier in the
meeting
City of Denton City Council Minutes
July 16, 2019
Page. 5
4. CONSENT AGENDA
The consent agenda consisted of Items 4.A-V. Item 4.A (ID 19-1123) was pulled for individual
consideration by Mayor Pro Tem Hudspeth and Council Members Ryan and Davis. Item 4.B (ID
19-1124) was pulled for individual consideration by Council Member Davis. Item 4.E (ID 19-
1441) was pulled for individual consideration by Council Member Armintor. Item 4.H (ID 19-
1509) was pulled for individual consideration by Council Member Meltzer. Item 4.S (ID 19-1597)
and Item 4.U (ID 19-1648) were pulled for individual consideration by Council Members Briggs
and Armintor.
Council Member Ryan moved to adopt the Consent Agenda, now consisting of items 4.C, 4.D,
4.F, 4.G, 4.I-R, 4.T and 4.V. Motion seconded by Council Member Davis. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan,
Armintor, and Meltzer
NAYS (0): None
C. ID 19-1405 Consider approval of the minutes of June 18 and June 25, 2019.
D. ID 19-1094a Consider an amended resolution, Nunc Pro Tunc, of the City Council of the
City of Denton, Texas, correcting an inadvertent mistake in the purported scope of
Resolution 19-1094, to approve properties at 607 E. College and 900 Egan as historically
significant sites in need of tax relief to encourage their preservation, pursuant to the terms
and limitations of Article VI of Chapter 10 of the Denton Code of Ordinances, and to remove
references to previously approved properties that were not before the city council. (ID 19-
1094, Roman McAllen)
ASSIGNED RESOLUTION NO. 19-1094a
F. ID 19-1488 Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for the payment of wholesale transmission charges in the total amount
of $188,564.50 to Texas Municipal Power Agency; and, providing an effective date. The
Public Utilities Board recommends approval (5-0).
ASSIGNED ORDINANCE NO. 19-1488
G. ID 19-1506 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a Professional Services
Agreement with Gupta & Associates Inc., for Development of Water Reclamation SCADA
Master Plan for the City of Denton as set forth in the contract; providing for the expenditure
of funds therefor; and providing an effective date (RFQ 6919 - Professional Services
Agreement awarded to Gupta & Associates Inc., in the not-to-exceed amount of $216,102).
The Public Utilities Board recommends approval (6 - 0).
ASSIGNED ORDINANCE NO. 19-1506
City of Denton City Council Minutes
July 16, 2019
Page. 6
I. ID 19-1504 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a Professional Services
Agreement with Freese and Nichols, Inc., to perform risk and resiliency assessment to
comply with the America Water Infrastructure Act (AWIA) of 2018 as set forth in the
contract; providing for the expenditure of funds therefor; and providing an effective date
(RFQ 6590-061 Professional Services Agreement awarded to Freese and Nichols, Inc. in the
not-to-exceed amount of $106,750). The Public Utilities Board recommends approval (6 -
0).
ASSIGNED ORDINANCE NO. 19-1504
J. ID 19-1511 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Techline,
Inc., for the supply of Traffic Signal Poles for the City of Denton Distribution Center;
providing for the expenditure of funds therefor; and providing an effective date (RFP 7081-
awarded to Techline, Inc. for one (1) year, with the option for three (3) additional one (1)
year extensions, in the total four (4) year not-to-exceed amount of $2,500,000).
ASSIGNED ORDINANCE NO. 19-1511
K. ID 19-1514 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or his designee, to execute an
Interlocal Cooperative Purchasing Agreement with Purchasing Association of Cooperative
Entities (PACE), under the Government Code, Chapter 791.001, to authorize City of Denton
contracts for the purchase of various goods and services; authorizing the expenditure of funds
therefor; and declaring an effective date (File 7113 - Interlocal Cooperative Purchasing
Agreement with Purchasing Association of Cooperative Entities).
ASSIGNED ORDINANCE NO. 19-1514
L. ID 19-1537 Consider adoption of an ordinance by the City of Denton, a Texas Home-Rule
Municipal Corporation, authorizing the City Manager to execute a contract with Redflex
Traffic Systems Inc for the removal of an automatic traffic signal enforcement system; and
providing an effective date.
ASSIGNED ORDINANCE NO. 19-1537
M. ID 19-1542 Consider adoption of an ordinance of the City of Denton releasing, abandoning,
and vacating a 715.20 square foot electric utility easement granted to the City of Denton by
James H. Jones, H.M. Burgess, Billy R. Jones, and J. Don Harvey, recorded as Instrument
No. 1976-21419 in the Deed Records, Denton County, Texas; providing for severability and
an effective date. (EAR19-0002 Park 7, electric easement abandonment - Mark Laird)
ASSIGNED ORDINANCE NO. 19-1542
City of Denton City Council Minutes
July 16, 2019
Page. 7
N. ID 19-1543 Consider adoption of an ordinance of the City of Denton releasing, abandoning,
and vacating a 0.054 acre sanitary sewer easement reserved by the City of Denton in the deed
without warranty to Texas SB Holdings, LLC., a Texas limited liability company, recorded
as Instrument No. 2013-30090 in the Real Property Records, Denton County, Texas;
providing for severability and an effective date. (EAR19-0003 PODS at Hickory Addition,
sewer easement abandonment - Mark Laird)
ASSIGNED ORDINANCE NO. 19-1543
O. ID 19-1586 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or his designee, to execute a contract
with Rush Truck Center through the Buy Board Cooperative Purchasing Network Contract
Number 521-16 for the acquisition of one (1) medium duty rear load refuse truck for the
Solid Waste Department; providing for the expenditure of funds therefor; and providing an
effective date (File 7106 - awarded to Rush Truck Center, in the amount of $104,016.59).
The Public Utilities Board recommends approval (6 - 0).
ASSIGNED ORDINANCE NO. 19-1586
P. ID 19-1589 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative
Purchasing Agreement with North Central Texas Council of Governments (NCTCOG) under
the Government Code, Section 791.001, to authorize the City of Denton to purchase new
Digital 2019 Orthophotography and Planimetrics data from the NCTCOG Geographic
Information System; authorizing the expenditure of funds therefor; and declaring an effective
date (File 7107 - award an Interlocal Cooperative Purchasing Agreement to North Central
Texas Council of Governments for a five (5) year not-to-exceed amount of $393,963).
ASSIGNED ORDINANCE NO. 19-1589
Q. ID 19-1590 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or his designee, to execute a contract
with Sigma Surveillance, Inc. through the Buy Board Cooperative Purchasing Network
Contract Number 574-18 for the acquisition of networked Video Surveillance Camera
System for the Technology Services Department; providing for the expenditure of funds
therefor; and providing an effective date (File 7053 - awarded to Sigma Surveillance, Inc.
dba STS360, in the amount of $1,040,435).
ASSIGNED ORDINANCE NO. 19-1590
R. ID 19-1593 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or his designee, to execute an
Interlocal Cooperative Purchasing Agreement with City of Irving, under the Government
Code, Chapter 791 and the Local Government Code, Chapter 271, to authorize City of
Denton contracts for the purchase of various goods and services; authorizing the expenditure
of funds therefor; and declaring an effective date (File 7114 - Interlocal Cooperative
Purchasing Agreement with City of Irving).
ASSIGNED ORDINANCE NO. 19-1593
City of Denton City Council Minutes
July 16, 2019
Page. 8
T. ID 19-1604 Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, a Texas home-rule municipal corporation, authorizing the city manager to execute an
participation in the oversizing of water mains for the City of Denton; providing for the
expenditure of funds therefor; and providing an effective date (awarded to ASG Harvest
Hill, LTD. in the not to exceed amount of $20,311.00). The Public Utilities Board
recommends approval (6-0).
ASSIGNED ORDINANCE NO. 19-1604
V. ID 19-1687 Consider approval of a resolution amending Resolution 19-920 with respect to
the $210 million limitation on the 2019 Bond Program; and, declaring an effective date.
ASSIGNED RESOLUTION NO. 19-1687
ITEMS PULLED FOR INDIVIDUAL CONSIDERATION
A. ID 19-1123 Consider adoption of an ordinance of the City of Denton prohibiting parking on
the south side of Hickory Street from Avenue B to Welch Street; providing a repealer clause;
providing a savings clause; providing for a penalty not to exceed $500 for violations of this
ordinance; providing that violations of this ordinance shall be governed by Chapter 18 of the
Code of Ordinances of the City of Denton; and providing for an effective date. The Traffic
Safety Commission recommended approval (6-0).
ASSIGNED ORDINANCE NO. 19-1123
Pulled for individual consideration by Mayor Pro Tem Hudspeth and Council Members
Davis and Ryan.
Items 4.A (ID 19-1123) and 4.B (ID 19-1124) were collectively presented and discussed,
with each item voted on individually.
The following registered speakers were called on the items:
Suzanne Rumohr, 1700 Crescent Street - in support of item 4.A
Gary Rumohr, 1700 Crescent Street - in support of items 4.A and 4.B
Clay Thurmond, 1524 Snyder Street - in support of items 4.A and 4.B
Council Member Briggs moved to approve the item as presented. Motion seconded by
Council Member Meltzer. Motion carried.
AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Armintor,
and Meltzer
NAYS (2): Council Members Davis and Ryan
City of Denton City Council Minutes
July 16, 2019
Page. 9
B. ID 19-1124 Consider adoption of an ordinance of the City of Denton converting the traffic
pattern on Avenue A (from Hickory to Mulberry) and Mulberry Street (from Avenue A to
Welch) from two-way traffic to one-way (north and west bound); providing a repealer clause;
providing a severability clause; providing for a penalty not to exceed $500 for violations of
this ordinance; providing that violations of this ordinance shall be governed by Chapter 18
of the Code of Ordinances of the City of Denton, and providing for an effective date. The
Traffic Safety Commission has recommended approval (5-0).
ASSIGNED ORDINANCE NO. 19-1124
Pulled for individual consideration by Council Member Davis.
Items 4.A (ID 19-1123) and 4.B (ID 19-1124) were collectively presented and discussed,
with each item voted on individually.
Gary Rumohr, 1700 Crescent Street - in support of items 4.A and 4.B
Clay Thurmond, 1524 Snyder Street - in support of items 4.A and 4.B
Council Member Briggs moved to approve the item as presented. Motion seconded by
Council Member Meltzer. Motion carried.
AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Ryan,
Armintor, and Meltzer
NAYS (1): Council Member Davis
E. ID 19-1441 Consider approval of a resolution of the City Council of the City of Denton
superseding Resolution 18-1377 regarding the Denton Handbook for Boards, Commissions,
and Council Committees to correct a prior clerical error in Resolution 18-1377, which was
previously adopted by City Council to clarify which sections of the Denton Handbook for
Boards, Commissions, and Council Committees are applicable to citizen boards,
commissions, committees, task forces and ad hoc committees; and declaring an effective
date.
ASSIGNED RESOLUTION NO. 19-1441
Pulled for individual consideration by Council Member Armintor.
The presentation was made and discussion followed.
The following registered speakers were called on the item:
Queen Janata Montgomery, address not provided - on the notification of appointment to
the Special Citizens Bond Advisory Committee, and not being required to take Open
Government training but to become familiar with it
City of Denton City Council Minutes
July 16, 2019
Page. 10
Council Member Ryan moved to approve the item as presented. Motion seconded by
Council Member Davis. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Briggs,
Ryan, Armintor, and Meltzer
NAYS (0): None
H. ID 19-1509 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Last Chance
Redi-Mix, LLC for the disposal of spoil materials resulting from internal City construction
and maintenance activities; providing for the expenditure of funds therefor; and providing an
effective date (IFB 7075 - awarded to Last Chance Redi-Mix, LLC, in the three (3) year not-
to-exceed amount of $3,600,000). The Public Utilities Board recommends approval (6 - 0).
ASSIGNED ORDINANCE NO. 19-1509
Pulled for individual consideration by Council Member Meltzer.
The presentation was made and discussion followed.
Council Member Ryan moved to approve the item as presented. Motion seconded by Mayor
Pro Tem Hudspeth. Motion carried.
AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Briggs,
and Ryan
NAYS (2): Council Members Armintor and Meltzer
The meeting was recessed for a short break at 7:54 p.m. and reconvened at 8:04 p.m.
S. ID 19-1597 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Wärtsilä
North America, Inc. for the supply of parts and services for the electric generating equipment
at the Denton Energy Center, which is the sole provider of this service in accordance with
Texas Local Government Code 252.022, provides that procurement of commodities and
services that are available from one source are exempt from competitive bidding; and if over
$50,000 shall be awarded by the governing body; and providing an effective date (File 7104
- awarded to Wärtsilä North America, Inc., in the two (2) year not-to-exceed amount of
$287,096). The Public Utilities Board recommends approval (6 - 0).
ASSIGNED ORDINANCE NO. 19-1597
Pulled for individual consideration by Council Members Briggs and Armintor.
The presentation was made and discussion followed.
The following registered speakers were called on the item:
Jennifer Lane, 1526 Willowwood Street - on high cost of project and not factoring in the
past and looking at cost of items being considered
City of Denton City Council Minutes
July 16, 2019
Page. 11
Council Member Ryan moved to approve the item as presented. Motion seconded by Mayor
Pro Tem Hudspeth. Motion carried.
AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Meltzer
and Ryan
NAYS (2): Council Members Briggs and Armintor
U. ID 19-1648 Consider adoption of a resolution of the City of Denton, Texas, establishing a
Use of City Facilities for Inclement Weather Policy Reference Number 500.07; and declaring
an effective date.
ASSIGNED ORDINANCE NO. 19-1648
Pulled for individual consideration by Council Members Briggs and Armintor.
A presentation was made under Item 3.B (ID 19-1647) during the Work Session held earlier
in the day which related to this particular item.
The presentation was made and discussion followed.
The following registered speakers were called on the item:
Kevin Sample, 2007 Teasley Lane - asked for compromise on locations for homeless
during inclement weather
Sam Alphonse, 326 Mill Street #3 - on need for inclement weather stations
The following requested to have their name read into the record as noted:
Mateo Granados, 1201 Cockrell Trail - in support of the item
Angelica Fraga, 1201 Paco Trail - in support of the item
Emily Thygesen, 411 Panhandle B - in support of the item
Council Member Meltzer moved to postpone the item to an event certain when shelter
options would be open and available in the City and after the Emergency Shelter Task Force
was reconvened. Motion seconded by Council Member Briggs. Motion failed.
AYES (3): Council Members Briggs, Armintor, and Meltzer
NAYS (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, and Ryan
Council Member Ryan moved to approve the item as presented. Motion seconded by Mayor
Pro Tem Hudspeth. Motion carried.
AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, and Ryan
NAYS (3): Council Members Briggs, Armintor, and Meltzer
The meeting was recessed for a short break at 8:48 p.m. and reconvened at 8:55 p.m.
City of Denton City Council Minutes
July 16, 2019
Page. 12
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 19-1439 Consider adoption of an ordinance considering all matters incident and related
to the issuance, sale and delivery of up to $30,720,000 in principal amount of "City of
Denton Certificates of Obligation, Series 2019" for General Government, Technology
Services, Water, Wastewater and Electric; authorizing the issuance of the Certificates;
delegating the authority to certain City officials to execute certain documents relating to the
sale of the Certificates; approving and authorizing instruments and procedures relating to
said Certificates; enacting other provisions relating to the subject; and providing an effective
date.
ASSIGNED ORDINANCE NO. 19-1439
Items 5.A (ID 19-1439) and 5.B (ID 19-1440) were collectively presented and discussed,
with each item voted on individually.
Council Member Ryan moved to approve the item as presented. Motion seconded by
Council Member Briggs. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Briggs,
Ryan, Armintor, and Meltzer
NAYS (0): None
B. ID 19-1440 Consider adoption of an ordinance considering all matters incident and related
to the issuance, sale and delivery of up to $47,990,000 in principal amount of "City of
Denton General Obligation Refunding and Improvement Bonds, Series 2019"; authorizing
the issuance of the Bonds; delegating the authority to certain City officials to execute certain
documents relating to the sale of the Bonds; approving and authorizing instruments and
procedures relating to said Bonds; enacting other provisions relating to the subject; and
providing an effective date.
ASSIGNED ORDINANCE NO. 19-1440
Items 5.A (ID 19-1439) and 5.B (ID 19-1440) were collectively presented and discussed,
with each item voted on individually.
Council Member Ryan moved to approve the item as presented. Motion seconded by
Council Member Davis. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Briggs,
Ryan, Armintor, and Meltzer
NAYS (0): None
C. ID 19-1508 Consider appointing a nominating committee to recommend appointees to serve
on the Economic Development Partnership Board.
Council Member Davis nominated himself. Council Member Briggs nominated Mayor
Watts.
City of Denton City Council Minutes
July 16, 2019
Page. 13
Council Member Ryan moved to appoint Mayor Watts and Council Member Davis to serve
as the nominating committee in recommending appointees to serve on the Economic
Development Partnership Board. Motion seconded by Mayor Pro Tem Hudspeth. Motion
carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Briggs,
Ryan, Armintor, and Meltzer
NAYS (0): None
6. PUBLIC HEARINGS
A. S18-0005g Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, approving a Specific Use Permit to allow for a multi-family dwelling use on
an approximately 9.91 acre site, generally located west of Mockingbird Lane, south of Mingo
Road, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum
amount of $2000.00 for violations thereof; providing for severability; and establishing an
effective date. The Planning and Zoning Commission recommends approval 6-0, with
conditions. THIS ITEM WAS POSTPONED BY CITY COUNCIL ON MAY 7,
2019. SUBSEQUENTLY THIS ITEM WAS FURTHER POSTPONED AT THE
REQUEST OF THE APPLICANT. (S18-0005g, Mockingbird Multifamily, Ron Menguita)
ASSIGNED ORDINANCE NO. S18-0005g
The presentation was made and discussion followed.
With the public hearing opened, the following spoke on the item:
Patrick Fkson, 4821 Merlot Avenue Grapevine, TX (Applicant) - presented an overview
of the proposed project
Cameron Williams, 1200 Northlake Drive, Richardson, TX (Applicant) - continued with
the overview of the proposed project
Nancy Carson, 2908 Oakshire - in opposition to the item
Mukesh Parna, 5811 Kerry Drive, Frisco, TX - in support of the item
With no other speakers coming forward, the public hearing was closed.
City Attorney Leal advised as to enforce the penalty included in the
st
ordinance after September 1 (as it relates to building materials).
Mayor Watts called for a motion; and with none forthcoming, the item stayed on the table.
Council Member Davis moved to approve the item with staff conditions as presented.
Motion seconded by Council Member Meltzer. Motion carried.
AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Ryan,
Armintor, and Meltzer
NAYS (1): Council Member Briggs
City of Denton City Council Minutes
July 16, 2019
Page. 14
The meeting was recessed for a short break at 9:57 p.m. and reconvened at 10:05 p.m.
B. Z18-0011g Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, approving initial and amended zoning classifications of NR-2 and NR-3, with
overlay, on approximately 92.06 acres of land generally located on the east side of East
Sherman Drive (FM 428), approximately 1,465 feet north of Hartlee Field Road in the City
providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
providing for severability; and establishing an effective date. The Planning and Zoning
Commission recommended approval with overlay conditions (6-0). (Z18-0011g, Agave
Ranch, Julie Wyatt)
ASSIGNED ORDINANCE NO. Z18-0011g
The presentation was made and discussion followed.
With the public hearing opened, the following spoke on the item:
Jason Faigle, 2415 N. Elm (Applicant) - presented an overview of the proposed
development
o Also representing the applicant were Aimee Bisset, Lee Allison, Todd Price, and
John Heilman
Nathan Tune, 3717 Merrimack Drive - in support of the item
Sharon Kremer, 3674 Pine Trail - in opposition to the item
Bridget Marshall, 3539 Pine Trail - in opposition to the item
Susie Autry, 1501 Eufemia - in support of the item
The following requested to have their name read into the record as noted. Names are as listed
on the speaker cards and not how presented.
John Heilman, 300 Lamar Drive, Roanoke, TX - in support of the item
George Price, 2034 Churchill Downs, Trophy Club, TX - in support of the item
Sondra Price, 2034 Churchill Down, Trophy Club, TX - in support of the item
Gage Price, 2034 Churchill Downs, Trophy Club, TX - in support of the item
Donnie Dobson, 2103 Vista Court, Corinth, TX - in support of the item
Nina and Jenna Rushton, 709 Ashleigh Lane, Southlake, TX - in support of the item
Rick Rushton, 900 Rhonr Lane, Southlake, TX - in support of the item
Paul Crowe, 4722 Pebble Creek Drive, Aubrey, TX - in opposition to the item
James Crowe, 4722 Pebble Creek Drive, Aubrey, TX - in opposition to the item
Susan Wheeler, 5540 Woodland Hills Drive - in support of the item
Terry and Stephanie Lundgren, 6219 Tom Maxwell Road - in opposition to the item
Stephanie Crowe, 4722 Pebble Creek Drive, Aubrey, TX - in opposition to the item
Kim Heilman, 300 Lamar Street - in support of the item
Linda Carter, 3615 Hartler Field Road - in support of the item
City of Denton City Council Minutes
July 16, 2019
Page. 15
Also speaking on the item were the following:
Walter McGovern, 3110 Hartlee Field Road - in support of the item
Brenda Ashley, 2905 Osage Lane - in support of the item
Caitlyn Ashely, 3601 Meadowtrail Lane - in support of the item
Ronald Carter, 4105 Hartlee Field Road - in support of the item
Bessie Lou Dobson, 5547 Woodland Hills - in support of the item
Jenna Rushton, 709 Ashleigh Lane - in support of the item
With no other speakers coming forward, the public hearing was closed.
Council Member Davis moved to approve the item with staff conditions as presented.
Motion seconded by Council Member Ryan. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Briggs,
Ryan, Armintor, and Meltzer
NAYS (0): None
The meeting was recessed for a short break at 12:24 a.m. on Wednesday, July 17, 2019, and
reconvened at 12:35 a.m.
C. Z18-0025d Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, amending Ordinance 2014-075 to remove one specific overlay restriction on
approximately 8.627 acres of land zoned Neighborhood Residential Mixed Use (NRMU)
District, generally located on the north side of East Ryan Road, approximately 850 feet west
of Teasley Lane, in the City of Denton, Denton County, Texas; adopting an amendment to
for violations thereof; providing for severability; and establishing an effective date. The
Planning and Zoning Commission recommended approval of the request (6-0). (Z18-0025,
Hunters Creek, Julie Wyatt)
ASSIGNED ORDINANCE NO. Z18-0025d
Items 6.C (ID Z18-0025d) and 6.D (ID S19-0004d) were collectively presented and
discussed with the public hearings being opened and closed, with each item voted on
individually.
With the public hearing opened, the following spoke on the item(s) as noted:
Thomas Fletcher, 6160 Warren Parkway, Frisco, TX (Applicant) - presented an overview
of the proposed development
Richard Anson, 3809 Gennaker Drive - in opposition to items C and D
John Whitener, 4005 Gennaker Drive - in opposition to items C and D
Amy Frisbie, 2209 Corsair Lane - in opposition to items C and D
Nathan Tune, 3717 Merrimack Drive - in support of item C
City of Denton City Council Minutes
July 16, 2019
Page. 16
Brandon Kukla, 4013 Gennaker Drive - in opposition to items C and D
Chris Hill, 4013 Gennaker Drive - in opposition to items C and D
Debbie Kukla, 4013 Gennaker Drive - in opposition to items C and D
Valerie Martinez, 2700 Cedar Creek Lane #3216 - in support of item D
The following requested to have their name read into the record as noted:
Danielle Rosencrans, 3901 Cuddy - in opposition to items C and D
Charles Beago, 226 Timberview Court - in support of items C and D
Mike McGovern, 224 Sunken Meadow - in support of items C and D
Keri Holub, 224 Sunken Meadow Court - in support of item C
Mike Johnson, 3504 Bighorn - in support of item C
Raji Dhital, 3909 Crosstrees Drive - in opposition to items C and D
Clare Han, 2216 Corsair Lane - in opposition to item C
Jerry & Thomas John, 2205 Corsair Lane - in opposition to items C and D
Cindy McManaway, 3900 Roxbury Street - in opposition to items C and D
Brenna Pennington, 2204 Makena Court - in support of items C and D
Also speaking on the item were the following:
Marty Beagoy, 3804 Gennaker Drive - in support of the item
Daniel Browning, 2209 Corsair - in opposition to the item
With no other speakers coming forward, the public hearing was closed.
The meeting was recessed for a short break at 2:04 a.m. on Wednesday, July 17, 2019, and
reconvened at 2:12 a.m.
Mayor Pro Tem Hudspeth moved to approve the item with the condition that the developer
add live oak trees and a quarter of covered parking. Motion seconded by Council Member
Meltzer.
The meeting was recessed for a short break at 2:33 a.m. on Wednesday, July 17, 2019 to allow
staff time to clarify the opposition rate and reconvened at 2:45 a.m.
Staff provided clarification and advised opposition for rezoning was approximately 15.84%
and approximately 19% for the specific use permit.
Motion carried.
AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Ryan,
Armintor, and Meltzer
NAYS (1): Council Member Briggs
City of Denton City Council Minutes
July 16, 2019
Page. 17
D. S19-0004d Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, approving a Specific Use Permit to allow for a multi-family residential use
on an approximately 8.627-acre site, generally located on the north side of East Ryan road,
approximately 850 feet west of Teasley Lane, in the City of Denton, Denton County, Texas;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
providing for severability; and establishing an effective date. The Planning and Zoning
Commission recommended approval of the request (6-0). (S19-0004, Hunters Creek, Julie
Wyatt)
ASSIGNED ORDINANCE NO. S19-0004d
Items 6.C (ID Z18-0025d) and 6.D (ID S19-0004d) were collectively presented and
discussed with the public hearings being opened and closed, with each item voted on
individually.
With the public hearing opened, the following spoke on the item(s) as noted:
Thomas Fletcher, 6160 Warren Parkway, Frisco, TX (Applicant) - presented an overview
of the proposed development
Richard Anson, 3809 Gennaker Drive - in opposition to items C and D
John Whitener, 4005 Gennaker Drive - in opposition to items C and D
Amy Frisbie, 2209 Corsair Lane - in opposition to items C and D
Brandon Kukla, 4013 Gennaker Drive - in opposition to items C and D
Chris Hill, 4013 Gennaker Drive - in opposition to items C and D
Debbie Kukla, 4013 Gennaker Drive - in opposition to items C and D
Valerie Martinez, 2700 Cedar Creek Lane #3216 - in support of item D
John Harris, 2700 Cedar Creek Lane #1104 - in support of item D
The following requested to have their name read into the record as noted:
Danielle Rosencrans, 3901 Cuddy - in opposition to items C and D
Charles Beago, 226 Timberview Court - in support of items C and D
Mike McGovern, 224 Sunken Meadow- in support of items C and D
Keri McGovern, 224 Sunken Meadow - in support of item D
Raji Dhital, 3909 Crosstrees Drive - in opposition to items C and D
Jerry & Thomas John, 2205 Corsair Lane - in opposition to items C and D
Cindy McManaway, 3900 Roxbury Street - in opposition to items C and D
Brenna Pennington, 2204 Makena Court - in support of items C and D
Also speaking on the item were the following:
Marty Beagoy, 3804 Gennaker Drive - in support of the item
Daniel Browning, 2209 Corsair - in opposition to the item
With no other speakers coming forward, the public hearing was closed.
City of Denton City Council Minutes
July 16, 2019
Page. 18
Mayor Pro Tem Hudspeth moved to approve the item as presented. Motion seconded by
Council Member Davis. Motion carried.
AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Ryan,
Armintor, and Meltzer
NAYS (1): Council Member Briggs
NOTE: Due to technical difficulties with the voting system, the vote was taken by a
show of hands.
E. S19-0002a Hold a public hearing and consider adoption of an ordinance of the city of Denton,
Texas, approving a Specific Use Permit to allow for a multi-family residential use on an
Approximately 15.466-acre site, generally located on the north side of East McKinney Street,
approximately 1,130 feet east of north loop 288, in the City of Denton, Denton County,
Texas; providing for a Penalty in the maximum amount of $2,000.00 for violations thereof;
providing for severability; and establishing an effective date. The Planning and Zoning
Commission recommended approval of the request (6-0). (S19-0002, Forest Crossing, Julie
Wyatt)
ASSIGNED ORDINANCE NO. S19-0002a
The presentation was made and discussion followed.
With the public hearing opened, the following spoke on the item:
Aimee Bissett, 212 S. Elm (Applicant) - presented an overview of the proposed
development
The following requested to have their name read into the record as noted:
Richard Lapp, 3 Royal Terrace Court, Dallas, TX - in support of the item
J. Mikel Reynolds, 11904 Forest Lakes Lane, Dallas, TX - in support of the item
David B. Hendricks, 3706 W. Davis, Suite D, Conroe, TX - in support of the item
Steven Charnquist, 5799 Doliver Drive, Houston, TX - in support of the item
Daniel Crain, 5921 Masterson Drive, Plano, TX - in support of the item
With no other speakers coming forward, the public hearing was closed.
Mayor Pro Tem Hudspeth moved to approve the item as presented with staff
recommendations. Motion seconded by Council Member Ryan. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Briggs,
Ryan, Armintor, and Meltzer
NAYS (0): None
City of Denton City Council Minutes
July 16, 2019
Page. 19
7. CONCLUDING ITEMS
Council Members expressed items of interest, congratulatory remarks and provided general
announcements. Staff to provide responsive information to those requests for information as
part of the Friday Report process.
With no further business, the meeting was adjourned on Wednesday, July 17, 2019, at 3:22 a.m.
____________________________________
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
ROSA RIOS
CITY SECRETARY
CITY OF DENTON, TEXAS
MINUTES APPROVED ON: _____________________________________________
CITY OF DENTON CITY COUNCIL MINUTES
July 23, 2019
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, July 23, 2019, at 11:02 a.m. in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Mayor Chris Watts and Council Members Keely Briggs, Jesse Davis, John Ryan,
Deb Armintor, and Paul Meltzer
ABSENT: Mayor Pro Tem Gerard Hudspeth
Also present were City Manager Todd Hileman and City Attorney Aaron Leal
WORK SESSION
1. Citizen Comments on Consent Agenda Items
None.
2. Requests for clarification of agenda items listed on this agenda.
None.
3. Work Session Reports
A. ID 19-1454 Receive a report, hold a discussion, and give staff direction regarding the 86th
Session of the Texas State Legislature and impacts of new legislation to the City of Denton.
The presentation was made and discussion followed.
There was no direction provided as the item was only for presentation purposes in preparation
for compliance with provisions set forth by the 86th Session of the Texas State Legislature.
The meeting was recessed for a short break at 11:59 a.m. and reconvened at 12:07 p.m.
B. ID 19-1702 Receive a report, hold a discussion, and give staff direction regarding a status of
the 2019 Development Code and the effects of recently passed House Bills.
The presentation was made and discussion followed.
Following discussion, staff was directed to conduct additional research and provide
information at a future meeting as to what specifically staff is asking for direction on.
City of Denton City Council Minutes
July 23, 2019
Page 2
C. ID 19-1611 Receive a report, hold a discussion and give staff direction regarding a potential
amendment to the 2018-19 Internal Audit Plan.
The presentation was made and discussion followed.
Following discussion, staff was directed to continue with 2018-19 Internal Audit Plan as
originally presented in 2018.
The meeting was recessed for a short break at 1:42 p.m. and reconvened at 1:52 p.m.
D. ID 19-1411 Receive a report, hold a discussion, and give staff direction regarding broadband
internet options in the Pecan Creek neighborhood.
The presentation was made and discussion followed.
Following discussion, staff was directed to conduct more research for presentation at a future
meeting.
E. ID 19-1635 Receive a report, hold a discussion, and give direction regarding departmental
presentations in preparation for the FY 2019-20 Proposed Budget, Capital Improvement
Program, and Five Year Financial Forecast.
The presentation was made and discussion followed.
The meeting was recessed for a short break at 3:52 p.m. and reconvened at 3:58 p.m.
There was no direction provided as the item was only for presentation purposes in preparation
for the FY 2019-20 Budget process.
The meeting was recessed for a short break at 4:53 p.m. and reconvened at 5:02 p.m.
F. ID 19-1723 Receive a report, hold a discussion and give staff direction regarding the Denton
Municipal Electric (DME) Fiscal Year 2019-20 Operating Budget and Capital Improvement
Program.
The presentation was made, and discussion followed.
Following discussion, staff was directed to prepare for presentation at a future budget
meeting.
City of Denton City Council Minutes
July 23, 2019
Page 3
CLOSED MEETING
1. The City Council convened into a Closed Meeting at 6:00 p.m. consistent with Chapter 551
of the Texas Government Code, as amended, or as otherwise allowed by law, as follows:
A. ID 19-1724 Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086. Deliberate and discuss competitive
information regarding public power operational and financial matters pertaining to the
purchases and risks of wholesale energy supply pertaining to the proposed electric budget.
NOT DELIBERATED
B. ID 19-1742 Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
Receive information from staff, consult with the attorneys, and provide direction
pertaining to potential acquisition and use of the facility located at 401 North Elm Street,
where discussion of these legal matters in an open meeting would conflict with the duty of
the 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 otherwise
compromise the legal position in any administrative proceeding or potential litigation.
DELIBERATED
Council Member Davis had a conflict of interest and left the Work Session Room.
The Closed Meeting started at 6:30 p.m. and ended at 6:47 p.m. Item 1.A (ID 19-1724) was
st
rescheduled for the August 1 meeting. No votes or actions were taken during the Closed Meeting.
REGULAR MEETING
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Regular Meeting on Tuesday, July 23, 2019, at 6:56 p.m. in the Council Chamber
at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Mayor Chris Watts and Council Members Keely Briggs, Jesse Davis, John Ryan,
Deb Armintor, and Paul Meltzer
ABSENT: Mayor Pro Tem Gerard Hudspeth
Also present were City Manager Todd Hileman and City Attorney Aaron Leal
Mayor Watts announced Consent Agenda Item 2.I (ID 19-1728) was being removed from
consideration at request.
City of Denton City Council Minutes
July 23, 2019
Page 4
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
2. CONSENT AGENDA
The consent agenda consisted of Items 2.A-J. Item 2.I (ID 19-1728) was pulled from consideration
at request.
Council Member Ryan moved to adopt the Consent Agenda, now consisting of items 2.A-H and
2.J. Motion seconded by Council Member Davis. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
A. ID 19-1628 Consider adoption of an ordinance of the City of Denton, authorizing settlement
of a property damage claim against the City for damage to a hydraulic excavator rented from
Kirby-Smith Machinery, Inc.; authorizing expenditure of funds in the amount of
$123,750.00, including funds received from the general property insurance policy with
Affiliated FM Insurance Company; and declaring and effective date.
ASSIGNED ORDINANCE NO. 19-1628
B. ID 19-1630 Consider approval of a resolution by the City of Denton authorizing the City
Manager, or his designee, to accept the Victim Assistance Coordinator Grant (Grant No.
3632902), in the amount of $178,080.00 from the State of Texas, Office of the Governor,
through a grant from the US Department of Justice for the period of October 1, 2019, through
September 30, 2021 and a cash match in the amount of $44,520.00; and providing an
effective date.
ASSIGNED RESOLUTION NO. 19-1630
C. ID 19-1652 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract for the purchase
of natural gas for use in the Solid Waste CNG Fuel Pumps; in accordance with
Texas Local Government Code 252.022, which provides an exemption from competitive
bidding for this purchase; and providing an effective date (File 6795 - awarded to Luminant
Energy Company, LLC, in the not-to-exceed amount of $75,000).
ASSIGNED ORDINANCE NO. 19-1652
City of Denton City Council Minutes
July 23, 2019
Page 5
D. ID 19-1653 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract for Pecan Creek
Wastewater Reclamation Plant Painting Project with Corrosion Control Resources, Inc.;
providing for the expenditure of funds therefor; and providing an effective date (RFP 7039 -
awarded to Corrosion Control Resources, Inc., in the not-to-exceed amount of $240,217).
ASSIGNED ORDINANCE NO. 19-1653
E. ID 19-1654 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Club
through the PACE Purchasing Association of Cooperative Entities Contract Number P00170
for Retail Suppliers Services; providing for the expenditure of funds therefor; and providing
an effective date (File 6979 - awarded to Club in the five (5) year not-to-exceed
amount of $220,000).
ASSIGNED ORDINANCE NO. 19-1654
F. ID 19-1655 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract for the supply of
Elevators and Lifts Services for the City of Denton to EMR Elevator, Inc.; providing for the
expenditure of funds therefor; and providing an effective date (IFB 7073 - awarded to EMR
Elevator, Inc., in the five (5) year not-to-exceed amount of $330,000).
ASSIGNED ORDINANCE NO. 19-1655
G. ID 19-1656 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a Professional Services
Agreement with Rick Robinson, Inc., for developing and delivering a variety of programs in
the areas of Leadership Development, Project Management, ERP systems, Lean
Manufacturing, Teambuilding, Quality Systems, Strategic Planning, Motivation,
Measurement Systems, and Change Management; providing for the expenditure of funds
therefor; and providing an effective date (File 7100 - Professional Services Agreement
awarded to Rick Robinson, Inc., in the not-to-exceed amount of $75,000).
ASSIGNED ORDINANCE NO. 19-1656
H. ID 19-1726 Consider adoption of an ordinance of the City of Denton, Texas granting the
North Texas State Fair association a three year exception pursuant to section 17-20 of the
City of Denton code of ordinances, with respect to sound levels and hours of operation for
the North Texas Fair and Rodeo, which will be held August 15-25, 2019, August 20-30,
2020, and August 21-29, 2021, at 221 N. Carroll Boulevard; granting a variance in the hours
of operation for said dates on Monday through Thursday from 10:00 p.m. to midnight, Friday
and Saturday from 10:00 p.m. to 1:00 a.m., and Sunday from 11:00 a.m. to 11:00 p.m., with
sound not to exceed 70 decibels; and providing an effective date.
ASSIGNED ORDINANCE NO. 19-1726
City of Denton City Council Minutes
July 23, 2019
Page 6
J. DCC19-0001 Consider adoption of a resolution of the City of Denton, Texas, approving a
Certificate of Design Consistency for a mural entitled Request" located at 119
Elm Street, which is within The Denton Square Overlay Zoning District, in the city of
Denton, Denton County, Texas; and establishing an effective date. (DCC19-0001, Mural
Project, Sean Jacobson)
ASSIGNED RESOLUTION NO. DCC19-0001
ITEM PULLED FROM CONSIDERATION
I. ZCI19-0029a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Regional Center
Commercial Neighborhood (RCC-N) and initially zoning an un-zoned property to the
General Office (GO) zoning district and use classification defined under the 2019 Denton
Development Code (Ordinance DCA18-0009q), on approximately 120.16 acres of land,
generally located approximately 3,000 feet north of US 380 between the railroad tracks and
I-35, in the City of Denton, Denton County, Texas; amending the official zoning map;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
providing for severability; and establishing an effective date. The Planning and Zoning
Commission recommends approval (7-0). (ZCI19-0029a, City Initiated Zoning Change, Ron
Menguita)
As announced earlier in the meeting, the item was pulled from consideration at
request.
3. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE
OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
A. ID 19-1695 Consider adoption of an ordinance of the City of Denton determining the public
use, need, and necessity for the acquisition of fee simple title to the surface estate, including
a waiver of surface use to the mineral estate, of an approximately 1.22 acre property tract
("Property Interests"), situated in the Hiram Sisco survey, Abstract Number 1184, in the City
and County of Denton, Texas, also known as 612 East McKinney Street; and more
particularly described in the attached Exhibit "A;" authorizing the City Manager and the City
Attorney, or their respective designees, to acquire the Property Interests by agreement
including making initial and final offers; authorizing the use of the power of eminent domain
to condemn the Property Interests if an agreement cannot be reached; and authorizing the
City Attorney, or his designee, to file eminent domain proceedings if necessary; authorizing
the expenditure of funding; makings findings; providing a savings clause; and providing an
effective date.
ASSIGNED ORDINANCE NO. 19-1695
The presentation was made with no discussion following.
City of Denton City Council Minutes
July 23, 2019
Page 7
Council Member Briggs moved that the City of Denton, after having made the offers required
by state law, use the power of eminent domain, if needed, to acquire the fee simple parcel of
land, generally located in the Hiram Cisco Survey, Abstract Number 1184, City and County
of Denton, Texas and also known as 612 East McKinney Street, Denton County, Texas, and
being more particularly described in Exhibit to the ordinance now under consideration
and on the screens overhead, now being displayed for the audience, which is for a valid
public use, necessary to provide for the expansion, improvement, and security of Police and
Public Safety Dispatch operations, including creation, expansion, and improvement of
controlled access and a secured, monitored area for public safety and welfare, as well as to
provide public parking, pedestrian and automotive circulation, and jail connectivity, to serve
the public and the citizens of the City of Denton, Texas. Motion seconded by Council
Member Davis. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
B. ID 19-1696 Consider adoption of an ordinance of the City of Denton determining the public
use, need, and necessity for the acquisition of a fee simple title to the surface estate, including
a waiver of surface use related to the mineral estate, of an approximate 2.202 acre of real
property for road right of way, generally located along the south side of Hickory Creek Road
East and along the west side of Barrel Strap Road (FM 2499), the limits of which being
bounded to the west by Nautical Lane, to the east by Barrel Strap Road (FM 2499), and being
situated in the Berry Merchant Survey, Abstract No. 800, all in the City of Denton, County
of Denton, Texas, and being more particularly described in the attached Exhibit "A" (the
"Property Interest"); authorizing the City Manager and City Attorney, or their respective
designees, to acquire the Property Interest by agreement, if possible, including making all
offers required by law; authorizing the use of the power of eminent domain to condemn the
Property Interest if an agreement cannot be reached; authorizing the City Attorney, or his
designee, to file eminent domain proceedings if necessary; authorizing the expenditure of
funding; making findings; providing a savings clause; and providing and effective date.
ASSIGNED ORDINANCE NO. 19-1696
The presentation was made with no discussion following.
Council Member Ryan moved that the City of Denton, after having made the offers required
by law, use the power of eminent domain, if needed, to acquire a fee simple title to the surface
estate, with waiver of surface to use related to the mineral estate, of approximately 2.202
acre of real property for road right of way generally located along the south side of Hickory
Creek Road East and along the west side of Barrel Strap Road (F.M. 2499), and
City of Denton City Council Minutes
July 23, 2019
Page 8
being situated in the Berry Merchant Survey, Abstract No. 800, all in the City of Denton,
County of Denton, Texas, and being particularly described in Exhibit to the ordinance
now under consideration and on the screens overhead, now being displayed for the audience,
all of which are for a valid public use, necessary to provide for the street widening and
improvements to the Hickory Creek Road East, a project to serve the public and citizens of
the City of Denton. Motion seconded by Council Member Davis. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
4. PUBLIC HEARINGS
A. ZCI19-0030a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Regional Center
Commercial Neighborhood (RCC-N) and Regional Center Commercial Downtown (RCC-
D) to the General Office (GO) zoning district and use classification defined under the 2019
Denton Development Code (Ordinance DCA18-0009q), on approximately 228.08 acres of
land, generally located west of I-35 and south of Barthold Road, in the City of Denton,
Denton County, Texas; amending the official zoning map; providing for a penalty in
the maximum amount of $2,000.00 for violations thereof; providing for severability; and
establishing an effective date. THIS ITEM HAS BEEN POSTPONED INDEFINITELY.
(ZCI19-0030a, City Initiated Zoning Change, Ron Menguita)
As noted, the public hearing has been postponed indefinitely.
B. ZCI19-0044a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Regional Center
Residential 1 (RCR-1) and Regional Center Residential 2 (RCR-2) to the Mixed-Use
Regional (MR) zoning district and use classification defined under the 2019 Denton
Development Code (Ordinance DCA18-0009q), on approximately 207.32 acres of land,
generally located west of Mayhill Road between Spencer Road and the railroad tracks, in the
City of Denton, Denton County, Texas; amending the official zoning map; providing
for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for
severability; and establishing an effective date. THIS ITEM HAS BEEN POSTPONED
INDEFINITELY. (ZCI19-0044a, City Initiated Zoning Change, Ron Menguita)
As noted, the public hearing has been postponed indefinitely.
C. ZCI19-0024b Hold a public and reconsider the June 11, 2019 approval of an ordinance of
the City of Denton, Texas, changing the zoning district and use classification from
Downtown Commercial General (DC-G) to the Highway Corridor (HC) zoning district and
use classification defined under the 2019 Denton Development Code (Ordinance DCA18-
City of Denton City Council Minutes
July 23, 2019
Page 9
0009q), on approximately 3.57 acres of land, generally located on the northwest corner of I-
35E and Fort Worth Drive in the City of Denton, Denton County, Texas; adopting an
amendment to the official zoning map; providing for a penalty in the maximum
amount of $2,000.00 for violations thereof; providing for severability; and establishing an
effective date. The Planning and Zoning Commission recommends approval (6-0). (ZCI19-
0024b, City Initiated Zoning Change - Area 24, Ron Menguita)
ASSIGNED ORDINANCE NO. ZCI19-0024b
The presentation was made and no discussion followed.
The public hearing was opened; and with no speakers coming forward, the public hearing
was closed.
Council Member Meltzer moved to approve the item as presented. Motion seconded by
Council Member Ryan. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
Following discussion on how the remaining public hearing items would be heard, because the
proposed zoning changes applied collectively to Public Hearing Items 4.D-V, the items were
grouped as follows to include, as applicable, the collective presentations, discussion, public
hearings opened, and speakers called, with each item voted on individually. The items are
therefore noted in the order discussed/considered.
4.D, E, F 4.G 4.H, I, J, K
4.L, M 4.N, O, R 4.P
4.Q 4.S 4.T, U, V
City Attorney Leal reported Item 4.Q (ID ZCI19-0038a) required a super majority vote.
D. ZCI19-0009c Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Regional Center
Residential 1 (RCR-1) and Regional Center Commercial Downtown (RCC-D) to the
Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton
Development Code (Ordinance DCA18-0009q), on approximately 25.31 acres of land,
generally located west of San Jacinto Boulevard and north of I-35E, in the City of Denton,
Denton County, Texas; amending the official zoning map; providing for a penalty in
the maximum amount of $2,000.00 for violations thereof; providing for severability; and
establishing an effective date. The Planning and Zoning Commission recommends approval
(7-0). (ZCI19-0009c, City Initiated Zoning Change, Ron Menguita)
ASSIGNED ORDINANCE NO. ZCI19-0009c
City of Denton City Council Minutes
July 23, 2019
Page 10
Items 4.D, E, and F were collectively presented, and no discussion followed. With the public
hearings opened and no speakers coming forward, the public hearings were closed, with each
item voted on individually.
Council Member Meltzer moved to approve the item as presented. Motion seconded by
Council Member Briggs. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
E. ZCI19-0025a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Downtown
Residential 1 (DR-1), Downtown Residential 2 (DR-2) and Downtown Commercial General
(DC-G) to the Mixed-Use Regional (MR) zoning district and use classification defined under
the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 35.35
acres of land, generally located north of I-35E between Bernard Street and Kendolph Drive,
in the City of Denton, Denton County, Texas; amending the official zoning map;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
providing for severability; and establishing an effective date. The Planning and Zoning
Commission recommends approval (7-0). (ZCI19-0025a, City Initiated Zoning Change, Ron
Menguita)
ASSIGNED ORDINANCE NO. ZCI19-0025a
Items 4.D, E, and F were collectively presented, and no discussion followed. With the public
hearings opened and no speakers coming forward, the public hearings were closed, with each
item voted on individually.
Council Member Meltzer moved to approve the item as presented. Motion seconded by
Council Member Davis. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
F. ZCI19-0026a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Downtown
Residential 2 (DR-2) and Downtown Commercial General (DC-G) to the Mixed-Use
Regional (MR) zoning district and use classification defined under the 2019 Denton
Development Code (Ordinance DCA18-0009q), on approximately 102.52 acres of land,
generally located south of Scripture Street between of I-35 and Bonnie Brae Street, in the
City of Denton, Denton County, Texas; amending the official zoning map; providing
for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for
City of Denton City Council Minutes
July 23, 2019
Page 11
severability; and establishing an effective date. The Planning and Zoning Commission
recommends approval (7-0). (ZCI19-0026a, City Initiated Zoning Change, Ron Menguita)
ASSIGNED ORDINANCE NO. ZCI19-0026a
Items 4.D, E, and F were collectively presented, and no discussion followed. With the public
hearings opened and no speakers coming forward, the public hearings were closed, with each
item voted on individually.
Council Member Meltzer moved to approve the item as presented. Motion seconded by
Council Member Davis. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
G. ZCI19-0027a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Neighborhood
Residential 2 (NR-2) to the Residential 1 (R1) zoning district and use classification defined
under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately
147.49 acres of land, generally located west of Marshall Road between US 380 and Hampton
Road, in the City of Denton, Denton County, Texas; amending the official zoning
map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
providing for severability; and establishing an effective date. The Planning and Zoning
Commission recommends approval (6-0). (ZCI19-0027a, City Initiated Zoning Change, Ron
Menguita)
ASSIGNED ORDINANCE NO. ZCI19-0027a
The item was individually presented and discussion followed. With the public hearing
opened, the following spoke on the item:
Jim Poirot, 3801 Hampton - in support of the item
Ann Smith, 2013 Andy Lane - in support of the item
Sandy McDonald West, 2000 Marshall Lane - in support of the item
With no other speakers coming forward, the public hearing was closed.
Council Member Davis moved to approve the item as presented. Motion seconded by
Council Member Armintor. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
City of Denton City Council Minutes
July 23, 2019
Page 12
H. ZCI19-0028a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Regional Center
Commercial Neighborhood (RCC-N) and Regional Center Commercial Downtown (RCC-
D) to the Highway Corridor (HC) zoning district and use classification defined under the
2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 87.62 acres
of land, generally located west of I-35 between Loop 288 and US 380, in the City of Denton,
Denton County, Texas; amending the official zoning map; providing for a penalty in
the maximum amount of $2,000.00 for violations thereof; providing for severability; and
establishing an effective date. The Planning and Zoning Commission recommends approval
(7-0). (ZCI19-0028a, City Initiated Zoning Change, Ron Menguita)
ASSIGNED ORDINANCE NO. ZCI19-0028a
Items 4.H, I, J and K were collectively presented and no discussion followed. With the public
hearings opened and no speakers coming forward, the public hearings were closed, with each
item voted on individually.
Council Member Ryan moved to approve the item as presented. Motion seconded by
Council Member Davis. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
I. ZCI19-0029a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Regional Center
Commercial Neighborhood (RCC-N) and initially zoning an un-zoned property to the
General Office (GO) zoning district and use classification defined under the 2019 Denton
Development Code (Ordinance DCA18-0009q), on approximately 120.16 acres of land,
generally located approximately 3,000 feet north of US 380 between the railroad tracks and
I-35, in the City of Denton, Denton County, Texas; amending the official zoning map;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
providing for severability; and establishing an effective date. The Planning and Zoning
Commission recommends approval (7-0). (ZCI19-0029a, City Initiated Zoning Change, Ron
Menguita)
ASSIGNED ORDINANCE NO. ZCI19-0029a
Items 4.H, I, J and K were collectively presented and no discussion followed. With the public
hearings opened and no speakers coming forward, the public hearings were closed, with each
item voted on individually.
Council Member Ryan moved to approve the item as presented. Motion seconded by
Council Member Davis. Motion carried.
City of Denton City Council Minutes
July 23, 2019
Page 13
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
J. ZCI19-0031a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Neighborhood
Residential 2 (NR-2), Neighborhood Residential Mixed Use 12 (NRMU-12), Regional
Center Residential 1 (RCR-1), and Regional Center Commercial Downtown (RCC-D) to the
General Office (GO) zoning district and use classification defined under the 2019 Denton
Development Code (Ordinance DCA18-0009q), on approximately 54.54 acres of land,
generally located west of I-35 between Ganzer Road and Barthold Road, in the City of
Denton, Denton County, Texas; amending the official zoning map; providing for a
penalty in the maximum amount of $2,000.00 for violations thereof; providing for
severability; and establishing an effective date. The Planning and Zoning Commission
recommends approval (7-0). (ZCI19-0031a, City Initiated Zoning Change, Ron Menguita)
ASSIGNED ORDINANCE NO. ZCI19-0031a
4.H, I, J and K were collectively presented and no discussion followed. With the public
hearings opened and no speakers coming forward, the public hearings were closed, with each
item voted on individually.
Council Member Ryan moved to approve the item as presented. Motion seconded by
Council Member Armintor. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
K. ZCI19-0032a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Neighborhood
Residential Mixed Use (NRMU), Regional Center Residential 1 (RCR-1), Regional Center
Commercial Neighborhood (RCC-N), and Regional Center Commercial Downtown (RCC-
D) to the General Office (GO) zoning district and use classification defined under the 2019
Denton Development Code (Ordinance DCA18-0009q), on approximately 280.16 acres of
land, generally located east of I-35 and north of Loop 288, in the City of Denton, Denton
County, Texas; amending the official zoning map; providing for a penalty in the
maximum amount of $2,000.00 for violations thereof; providing for severability; and
establishing an effective date. The Planning and Zoning Commission recommends approval
(7-0). (ZCI19-0032a, City Initiated Zoning Change, Ron Menguita)
ASSIGNED ORDINANCE NO. ZCI19-0032a
City of Denton City Council Minutes
July 23, 2019
Page 14
Items 4.H, I, J and K were collectively presented, and no discussion followed. With the
public hearings opened and no speakers coming forward, the public hearings were closed,
with each item voted on individually.
Council Member Ryan moved to approve the item as presented. Motion seconded by
Council Member Davis. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
L. ZCI19-0033a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Neighborhood
Residential 3 (NR-3) to the Suburban Corridor (SC) zoning district and use classification
defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on
approximately 0.20 acres of land, generally located west of Primrose and approximately 120
feet south of US 380, in the City of Denton, Denton County, Texas; amending the
official zoning map; providing for a penalty in the maximum amount of $2,000.00 for
violations thereof; providing for severability; and establishing an effective date. The
Planning and Zoning Commission recommends approval (7-0). (ZCI19-0033a, City Initiated
Zoning Change, Ron Menguita)
ASSIGNED ORDINANCE NO. ZCI19-0033a
Items 4.L and M were collectively presented and no discussion followed.
Council Member Davis had a conflict of interest on the item and left the Council Chambers.
With the public hearing opened on the item and no speakers coming forward, the public
hearing was closed.
Council Member Ryan moved to approve the item as presented. Motion seconded by
Council Member Meltzer. Motion carried.
AYES (5): Mayor Watts and Council Members Briggs, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSTAIN (1): Council Member Davis
ABSENT (1): Mayor Pro Tem Hudspeth
M. ZCI19-0034a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Downtown
Commercial General (DC-G) to the Suburban Corridor (SC) zoning district and use
classification defined under the 2019 Denton Development Code (Ordinance DCA18-
City of Denton City Council Minutes
July 23, 2019
Page 15
0009q), on approximately 3.26 acres of land, generally located south of US 380 between
Bolivar Street and Locust Street, in the City of Denton, Denton County, Texas; amending
the official zoning map; providing for a penalty in the maximum amount of $2,000.00
for violations thereof; providing for severability; and establishing an effective date. The
Planning and Zoning Commission recommends approval (7-0). (ZCI19-0034a, City Initiated
Zoning Change, Ron Menguita)
ASSIGNED ORDINANCE NO. ZCI19-0034a
Items 4.L and M were collectively presented and no discussion followed.
With the public hearing opened on the item and no speakers coming forward, the public
hearing was closed.
Council Member Briggs moved to approve the item as presented. Motion seconded by
Council Member Ryan. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
N. ZCI19-0035a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Neighborhood
Residential Mixed Use (NRMU) to the Suburban Corridor (SC) zoning district and use
classification defined under the 2019 Denton Development Code (Ordinance DCA18-
0009q), on approximately 10.00 acres of land, generally located west of Old North Road
between US 380 and Mingo Road, in the City of Denton, Denton County, Texas; amending
the official zoning map; providing for a penalty in the maximum amount of $2,000.00
for violations thereof; providing for severability; and establishing an effective date. The
Planning and Zoning Commission recommends approval (7-0). (ZCI19-0035a, City Initiated
Zoning Change, Ron Menguita)
ASSIGNED ORDINANCE NO. ZCI19-0035a
Items 4.N, O and R were collectively presented and no discussion followed. With the public
hearings opened and no speakers coming forward, the public hearings were closed, with each
item voted on individually.
Council Member Ryan moved to approve the item as presented. Motion seconded by
Council Member Davis. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
City of Denton City Council Minutes
July 23, 2019
Page 16
O. ZCI19-0036a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Neighborhood
Residential Mixed Use (NRMU) to the Suburban Corridor (SC) zoning district and use
classification defined under the 2019 Denton Development Code (Ordinance DCA18-
0009q), on approximately 3.46 acres of land, generally located south of US 380 and west of
Loop 288, in the City of Denton, Denton County, Texas; amending the official zoning
map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
providing for severability; and establishing an effective date. The Planning and Zoning
Commission recommends approval (7-0). (ZCI19-0036a, City Initiated Zoning Change, Ron
Menguita)
ASSIGNED ORDINANCE NO. ZCI19-0036a
Items 4.N, O and R were collectively presented, and no discussion followed. With the public
hearings opened and no speakers coming forward, the public hearings were closed, with each
item voted on individually.
Council Member Ryan moved to approve the item as presented. Motion seconded by
Council Member Davis. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
R. ZCI19-0039a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Neighborhood
Residential Mixed Use (NRMU) to the Suburban Corridor (SC) zoning district and use
classification defined under the 2019 Denton Development Code (Ordinance DCA18-
0009q), on approximately 5.05 acres of land, generally located west of Loop 288
approximately 900 feet south of Audra Lane, in the City of Denton, Denton County, Texas;
amending
of $2,000.00 for violations thereof; providing for severability; and establishing an effective
date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19-0039a,
City Initiated Zoning Change, Ron Menguita)
ASSIGNED ORDINANCE NO. ZCI19-0039a
Items 4.N, O and R were collectively presented, and no discussion followed. With the public
hearings opened and no speakers coming forward, the public hearings were closed, with each
item voted on individually.
Council Member Ryan moved to approve the item as presented. Motion seconded by
Council Member Davis. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
City of Denton City Council Minutes
July 23, 2019
Page 17
P. ZCI19-0037a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Neighborhood
Residential 3 (NR-3) and Neighborhood Residential 6 (NR-6) to the Suburban Corridor (SC)
zoning district and use classification defined under the 2019 Denton Development Code
(Ordinance DCA18-0009q), on approximately 46.43 acres of land, generally located east of
Locust Street between Loop 288 and Hercules Lane, in the City of Denton, Denton County,
Texas; amending the official zoning map; providing for a penalty in the maximum
amount of $2,000.00 for violations thereof; providing for severability; and establishing an
effective date. The Planning and Zoning Commission recommends approval, with a
condition (4-3). (ZCI19-0037a, City Initiated Zoning Change, Ron Menguita)
ASSIGNED ORDINANCE NO. ZCI19-0037a
The presentation was made and discussion followed.
With the public hearing opened, the following spoke on the item:
Dalton Allen, 150 Hobson Lane - in support of the item
Vince Haisler, 4946 N. Locust Street - in support of the item
Phillip Paulino, 14 Meadow Lane - in opposition to the item
Jaqueline Banfield, 305 Meadow Lane - in opposition to the item
The following requested to have their name read into the record as noted:
Melvin Haisler, 4500 Locust Street - in support of the item
Mary McCutcheon, 1217 Greenbriar - in support of the item
Shirley Haisler, 1200 Cowling Road, Sanger, TX - in support of the item
J.B. Haisler Jr., 1200 Cowling Road, Sanger, TX - in support of the item
At City Attorney Leal's inquiry on the effect of those speakers in opposition to the item, staff
clarified the opposition was still not at 20%.
Additional discussion followed.
Council Member Armintor moved to deny the item. Motion seconded by CM Briggs.
Motion failed.
AYES (2): Council Members Briggs and Armintor
NAYS (4): Mayor Watts and Council Members Davis, Ryan, and Meltzer
ABSENT (1): Mayor Pro Tem Hudspeth
Council Member Davis moved to approve the item as presented. Motion seconded by
Council Member Ryan. Motion carried.
City of Denton City Council Minutes
July 23, 2019
Page 18
AYES (4): Mayor Watts and Council Members Davis, Ryan, and Meltzer
NAYS (2): Council Members Briggs and Armintor
ABSENT (1): Mayor Pro Tem Hudspeth
The meeting was recessed for a short break at 8:28 p.m. and reconvened at 8:35 p.m.
Q. ZCI19-0038a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Neighborhood
Residential Mixed Use (NRMU) to the Suburban Corridor (SC) zoning district and use
classification defined under the 2019 Denton Development Code (Ordinance DCA18-
0009q), on approximately 9.67 acres of land, generally located south of Kings Row and on
both sides of Loop 288, in the City of Denton, Denton County, Texas; amending the
official zoning map; providing for a penalty in the maximum amount of $2,000.00 for
violations thereof; providing for severability; and establishing an effective date. The
Planning and Zoning Commission recommends denial (7-0). A SUPER MAJORITY VOTE
IS REQUIRED TO APPROVE THIS ITEM. (ZCI19-0038a, City Initiated Zoning Change,
Ron Menguita)
The presentation was made and no discussion followed.
The public hearing was opened; and with no speakers coming forward, the public hearing
was closed.
Council Member Meltzer moved to deny the item. Motion seconded by Council Member
Armintor. Motion carried.
AYES (5): Mayor Watts and Council Members Davis, Ryan, Armintor, and Meltzer
NAYS (1): Council Member Briggs
ABSENT (1): Mayor Pro Tem Hudspeth
S. ZCI19-0040a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Employment Center
Industrial (EC-I) to the General Office (GO) zoning district and use classification defined
under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately
91.33 acres of land, generally located on both sides of Russell Newman Boulevard between
Loop 288 and Mayhill Road, in the City of Denton, Denton County, Texas; amending the
official zoning map; providing for a penalty in the maximum amount of $2,000.00 for
violations thereof; providing for severability; and establishing an effective date. The
Planning and Zoning Commission recommends approval (7-0). (ZCI19-0040a, City Initiated
Zoning Change, Ron Menguita)
The presentation was made and discussion followed.
City of Denton City Council Minutes
July 23, 2019
Page 19
With the public hearing opened, the following spoke on the item:
Brandon Martino, 5255 Loop 288 - in opposition to the item
Mathew Brown, 3815 Market Street - in opposition to the item
City Attorney Leal announced the item required a super majority vote. Staff requested the
item be postponed indefinitely rather than a denial in order that the remaining property
owners not in opposition not be affected by the denial. Property owners would not be
precluded from asking for a zoning change if the item was denied, but it would preclude the
City from doing another city-initiated zoning change.
Council Member Ryan moved to deny the item. Motion seconded by Council Member
Briggs. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
T. ZCI19-0041a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Employment Center
Industrial (EC-I) to the Suburban Corridor (SC) zoning district and use classification defined
under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately
19.22 acres of land, generally located north of McKinney Street on both sides Mayhill Road,
in the City of Denton, Denton County, Texas; amending the official zoning map;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
providing for severability; and establishing an effective date. The Planning and Zoning
Commission recommends approval (7-0). (ZCI19-0041a, City Initiated Zoning Change, Ron
Menguita)
ASSIGNED ORDINANCE NO. ZCI19-0041a
Items 4.T, U, and V were collectively presented and no discussion followed. With the public
hearings opened and no speakers coming forward, the public hearings were closed, with each
item voted on individually.
Council Member Ryan moved to approve the item as presented. Motion seconded by
Council Member Briggs. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
City of Denton City Council Minutes
July 23, 2019
Page 20
U. ZCI19-0042a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Employment Center
Industrial (EC-I) to the General Office (GO) zoning district and use classification defined
under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately
50.12 acres of land, generally located on both sides of Morse Street between Loop 288 and
Mayhill Road, in the City of Denton, Denton County, Texas; amending the official
zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations
thereof; providing for severability; and establishing an effective date. The Planning and
Zoning Commission recommends approval (7-0). (ZCI19-0042a, City Initiated Zoning
Change, Ron Menguita)
ASSIGNED ORDINANCE NO. ZCI19-0042a
Items 4.T, U, and V were collectively presented, and no discussion followed. With the public
hearings opened and no speakers coming forward, the public hearings were closed, with each
item voted on individually.
Council Member Ryan moved to approve the item as presented. Motion seconded by
Council Member Armintor. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
V. ZCI19-0043a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, changing the zoning district and use classification from Employment Center
Industrial (EC-I) to the General Office (GO) zoning district and use classification defined
under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately
15.97 acres of land, generally located west of Mayhill Road between Karina Street and
Spencer Road, in the City of Denton, Denton County, Texas; amending the official
zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations
thereof; providing for severability; and establishing an effective date. The Planning and
Zoning Commission recommends approval (7-0). (ZCI19-0043a, City Initiated Zoning
Change, Ron Menguita)
ASSIGNED ORDINANCE NO. ZCI19-0043a
Items 4.T, U, and V were collectively presented, and no discussion followed. With the public
hearings opened and no speakers coming forward, the public hearings were closed, with each
item voted on individually.
Council Member Ryan moved to approve the item as presented. Motion seconded by
Council Member Davis. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT (1): Mayor Pro Tem Hudspeth
City of Denton City Council Minutes
July 23, 2019
Page 21
5. CONCLUDING ITEMS
Council Members expressed items of interest, congratulatory remarks and provided general
announcements. Staff to provide responsive information to those requests for information as
part of the Friday Report process.
With no further business, the meeting was adjourned at 9:04 p.m.
____________________________________
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
ROSA RIOS
CITY SECRETARY
CITY OF DENTON, TEXAS
MINUTES APPROVED ON: _____________________________________________
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1817,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing
theCityManagertoexecuteacontractwithBibliotheca,LLC,forthepurchaseofCloudLibrarydigitalservices
fordownloadableeBooksandAudiobooksfortheDentonPublicLibrary,whichisthesoleproviderofthis
software.InaccordancewithTexasLocalGovernmentCode252.022whichprovidesthatprocurementof
commoditiesandservicesthatareavailablefromonesourceareexemptfromcompetitivebidding;andifover
$50,000shallbeawardedbythegoverningbody;andprovidinganeffectivedate.(File7121-awardedto
Bibliotheca, LLCin the three (3) year not-to-exceed amount of $342,142).
City of DentonPage 1 of 1Printed on 8/2/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: August 6, 2019
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a contract with Bibliotheca, LLC, for the purchase of CloudLibrary
digital services for downloadable eBooks and Audiobooks for the Denton Public Library, which is the sole
provider of this software. In accordance with Texas Local Government Code 252.022 which provides that
procurement of commodities and services that are available from one source are exempt from competitive
bidding; and if over $50,000 shall be awarded by the governing body; and providing an effective date. (File
7121 - awarded to Bibliotheca, LLC in the three (3) year not-to-exceed amount of $342,142).
INFORMATION /BACKGROUND
The Denton Public Library has provided digital services for library patrons to download eBooks and
eAudiobooks since 2007. Newer digital providers have entered the market and the library has identified a
digital service that would both expand content availability for Denton Public Library (DPL) patrons and
reduce platform fee costs which could then be reallocated to purchasing additional digital content.
CloudLibraryCloudLink service provides digital content sharing, similar to interlibrary loan sharing, with
content from other CloudLibrary libraries. CloudLibrary is the only digital service provider that provides a
service that would expand patron access to downloadable materials significantly. CloudLink services would
more than triple the number of unique titles in the Denton Public Library digital collection and offer over
seven times more content than the current Denton Public Library's digital collection. Denton Public Library
patrons would be able to checkout and place holds on DPL owned materials. DPLpatrons would also be
able to browse and check out any available (checked-in) materials owned by other CloudLink library
participants. DPL patrons would not have access to browse or place holds on items currently checked out.
This ensures that patrons from the owning library have priority and first choice of items available from their
own libraries, in addition to access to diverse and expanded content available from another CloudLink
participant library collections.
CloudLibrary partners with NoveList, a reputable and popular reading suggestion database, to provide
eBook and eAudiobook recommendations to promote digital circulation. CloudLibrary also integrates
digital services with existing SelfCheck kiosks at all three library branches, allowing users to check out and
place holds on digital materials at the kiosk.
CloudLibrary provides a digital resource sharing platform with software maintenance and an app that is
available on Android and IOS operating systems. Library patrons can also access CloudLibrary through
the library catalog website to find titles owned by the Denton Public Library. Patrons may browse, search,
place holds, check out, download eBooks and eAudiobooks, and make purchase suggestions via the app or
online. A checkout period of 21 days is set by the Denton Public Library and materials are automatically
returned after the checkout period. Digital content (eBook and eAudiobook titles) is selected and purchased
by library staff via the CloudLibrary client website. Purchased digital content is owned by the Denton Public
Library.
The Denton Public Library currently relies on OverDrive to provide digital content. Existing content is
owned by the Denton Public Library and would transfer to the CloudLibrary platform. The Library would
conduct a marketing campaign to educate users about the service transition, provide training sessions and
one-on-one assistance to help library transition to the new system.
Section 252.022 of the Local Government Code provides that procurement of sole source commodities and
services are exempt from competitive bidding, if over $50,000, shall be awarded by the governing body.
RECOMMENDATION
Award a contract to Bibliotheca, LLC as a sole source supplier, for CloudLibrary digital services for the
Library, in a three (3) year not-to-exceed amount of $342,142.
PRINCIPAL PLACE OF BUSINESS
Bibliotheca, LLC
Norcross, GA
ESTIMATED SCHEDULE OF PROJECT
CloudLibrary service will be activated upon approval. CloudLibrary app will be set up and initial purchases
will be made in the summer of 2019. Marketing and public training would take place in the summer of
2019. Existing content would be transferred from OverDrive to CloudLibrary in late August or early
September 2019. Downloadable eBooks and eAudiobooks will be purchased on the CloudLibrary platform
on an ongoing basis each year.
FISCAL INFORMATION
CloudLibrary software and app maintenance fees of $4,000 for years 2 and 3 and CloudLink participation
fees of $1,000 annually will be paid from Library Administration operating account 301000.7899.
Downloadable eBook and eAudiobook content are funded from Library Administration operating account
301000.8595 in the amount not-to-exceed $110,000.00 annually. Setup, training, and a marketing fee of
$1,142 will be charged to Library Administration operating account 301000.7899.
A requisition for the setup, training, and marketing fee, CloudLink participation fee, and the Fiscal Year
2018/19 content allotment will be entered in the Purchasing software system once the contract has been
approved.
Year 1: $112,142 ($110,000 content, $1,000 CloudLink service, $1,142 setup, training, marketing)
Year 2: $115,000 ($110,000 content, $4,000 platform service fee, $1,000 CloudLink service)
Year 3: $115,000 ($110,000 content, $4,000 platform service fee, $1,000 CloudLink service)
3 Year Total: $342,142
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: LLC Members
Exhibit 3: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Jennifer Bekker at 940-349-8753.
Legal point of contact: Mack Reinwand at 940-349-8333.
DocuSign Envelope ID: 2EA40FB0-59A9-43A0-9897-43DD4704CDF1
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DocuSign Envelope ID: 2EA40FB0-59A9-43A0-9897-43DD4704CDF1
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND BIBLIOTHECA, LLC
(CONTRACT 7121)
THIS CONTRACT is made and entered into this date ______________________, by
and between BIBLIOTHECA, LLC a Delaware Limited Liability Company, whose address is
3169 Holcomb Bridge Rd, Ste 200, Norcross, GA 30071, hereinafter referred to as "Contractor,"
and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to
as "City," to be effective upon approval of the Denton City Council and subsequent execution of
this Contract by the Denton City Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Supplier shall provide products and/or services in accordance with the City’s document
FILE 7121 - BIBLIOTHECA, LLC, a copy of which is on file at the office of Purchasing Agent
and incorporated herein for all purposes.The Contract consists of this written agreement and the
following items which are attached hereto and incorporated herein by reference:
(a)Special Terms and Conditions(Exhibit “A”);
(b)City of Denton’s FILE 7121 (Exhibit “B” on File at the Office of the Purchasing
Agent);
(c)City of Denton Standard Terms and Conditions (Exhibit “C”);
(d)Certificate of Interested Parties Electronic Filing (Exhibit "D");
(e)Contractor’s Proposal (Exhibit "E");
(f)Form CIQ – Conflict of Interest Questionnaire (Exhibit "F");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to the written agreement then to the contract documents in the order in which they are listed
above. These documents shall be referred to collectively as “Contract Documents.”
Prohibition on Contracts with Companies Boycotting Israel
Supplier acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is
prohibited from entering into a contract with a company for goods or services unless the contract contains
a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Supplier
certifies that Supplier’s signature provides written verification to the City that Supplier: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or
maintain the requirements under this provision will be considered a material breach.
Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign
Terrorist Organization
Contract # 7121
DocuSign Envelope ID: 2EA40FB0-59A9-43A0-9897-43DD4704CDF1
Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do
business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Supplier certifies
that Supplier’s signature provides written verification to the City that Supplier, pursuant to Chapter
2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments
under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to
meet or maintain the requirements under this provision will be considered a material breach.
The parties agree to transact business electronically. Any statutory requirements that certain terms
be in writing will be satisfied using electronic documents and signing. Electronic signing of this
document will be deemed an original for all legal purposes.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
CONTRACTOR
THIS AGREEMENT HAS BEEN
BY: ______________________________
BOTH REVIEWED AND APPROVED
AUTHORIZED SIGNATURE
as to financial and operational obligations
and business terms.
Date: _______________________________
Printed Name: ________________________
_______________ ________________
SIGNATURE PRINTED NAME
Title: _______________________________
__________________________________
___________________________________
TITLE
PHONE NUMBER
__________________________________
___________________________________
DEPARTMENT
EMAIL ADDRESS
___________________________________
APPROVED AS TO LEGAL FORM: TEXAS ETHICS COMMISSION
AARON LEAL, CITY ATTORNEY CERTIFICATE NUMBER
BY: __________________________________
CITY OF DENTON, TEXAS
ATTEST:
ROSA RIOS, CITY SECRETARY BY: ______________________
TODD HILEMAN
BY: _________________________________ CITY MANAGER
Date:
Contract # 7121
DocuSign Envelope ID: 2EA40FB0-59A9-43A0-9897-43DD4704CDF1
Exhibit A
Special Terms and Conditions
1. Total Contract Amount
The contract total for services shall not exceed $342,142. Pricing shall be per Exhibit E attached.
2. Contract Terms
The contract term will be three (3) years, effective from date of award or notice to proceed as
determined by the City of Denton Purchasing Department.
The contract shall commence upon the issuance of a Notice of Award by the City of Denton. 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.
3. Price Escalation and De-escalation
The City will implement an escalation/de-escalation price adjustment yearly. 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 yearlypercentage change in the manufacturer’s price
list. The price adjustment will be determined yearly from the award 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 yearly 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.
Contract # 7121
DocuSign Envelope ID: 2EA40FB0-59A9-43A0-9897-43DD4704CDF1
Exhibit C
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City of Denton’s contract are applicable to
contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer
and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must
be in writing and signed by a representative of the City’s Procurement Department and the
Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or
statement shall serve to modify the terms set forth herein. If there is a conflict between the
provisions on the face of the contract/purchase order these written provisions will take precedence.
The Contractor agrees that the contract shall be governed by the following terms and conditions,
unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract,
Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and
sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed
principally at the City’s premises or on public rights-of-way.
1.CONTRACTOR’S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2.EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall
be effective as of the date the contract is signed by the City, and shall continue in effect until all
obligations are performed in accordance with the Contract.
3.CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package
deliverables in accordance with good commercial practice and shall include a packing list showing
the description of each item, the quantity and unit price unless otherwise provided in the
Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly
and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name,
address and purchase order or purchase release number and the price agreement number if
applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the
number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all
the requirements of common carriers and any applicable specification. The City's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
4.SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to
ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables.
5.TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City
only when the City actually receives and accepts the deliverables.
Contract # 7121
DocuSign Envelope ID: 2EA40FB0-59A9-43A0-9897-43DD4704CDF1
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 Contractor’s price shall be deemed to include
all delivery and transportation charges. The City shall have the right to designate what method of
transportation shall be used to ship the deliverables. The place of delivery shall be that set forth
the purchase order.
7.RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under
law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at
delivery before accepting them, and to reject defective or non-conforming deliverables. If the City
has the right to inspect the Contractor’s, or the Contractor’s Subcontractor’s, facilities, or the
deliverables at the Contractor’s, or the Contractor’s Subcontractor’s, premises, the Contractor shall
furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance
to the City to facilitate such inspection.
8.NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables
must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity.
Any non-complying tender shall constitute a breach and the Contractor shall not have the right to
substitute a conforming tender; provided, where the time for performance has not yet expired, the
Contractor may notify the City of the intention to cure and may then make a conforming tender
within the time allotted in the contract.
9.PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the
sites where the Contractor is to perform the services as required in order for the Contractor to
perform the services in a timely and efficient manner, in accordance with and subject to the
applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied
itself as to the nature of the City’s service requirements and specifications, the location and
essential characteristics of the work sites, the quality and quantity of materials, equipment, labor
and facilities necessary to perform the services, and any other condition or state of fact which could
in any way affect performance of the Contractor’s obligations under the contract. The Contractor
hereby releases and holds the City harmless from and against any liability or claim for damages of
any kind or nature if the actual site or service conditions differ from expected conditions.
The contractor shall, at all times, exercise reasonable precautions for the safety of their employees,
City Staff, participants and others on or near the City’s facilities.
10.WORKFORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on
the job.
Contract # 7121
DocuSign Envelope ID: 2EA40FB0-59A9-43A0-9897-43DD4704CDF1
C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
Contractor shall immediately remove such worker from Contract services, and may not employ
such worker again on Contract services without the City's prior written consent.
Immigration: The Contractor represents and warrants that it shall comply with the requirements
of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification
and retention of verification forms for any individuals hired on or after November 6, 1986, who
will perform any labor or services under the Contract and the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (“IIRIRA) enacted on September 30, 1996.
11.COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL
REGULATIONS: The Contractor, it’s Subcontractors, and their respective employees, shall
comply fully with all applicable federal, state, and local health, safety, and environmental laws,
ordinances, rules and regulations in the performance of the services, including but not limited to
those promulgated by the City and by the Occupational Safety and Health Administration (OSHA).
In case of conflict, the most stringent safety requirement shall govern. The Contractor shall
indemnify and hold the City harmless from and against all claims, demands, suits, actions,
judgments, fines, penalties and liability of every kind arising from the breach of the Contractor’s
obligations under this paragraph.
Environmental Protection: The Respondent shall be in compliance with all applicable standards,
orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et
seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.).
12.INVOICES:
A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a separate
invoice must be sent for each shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery
order number and the master agreement number if applicable, the Department’s Name, and
the name of the point of contact for the Department. Invoices shall be itemized and
transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight
waybill, when applicable, shall be attached to the invoice. The Contractor’s name, remittance
address and, if applicable, the tax identification number on the invoice must exactly match the
information in the Vendor’s registration with the City. Unless otherwise instructed in writing, the
City may rely on the remittance address specified on the Contractor’s invoice.
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables
order number clearly identified. Invoices shall also include a tabulation of work-hours at the
appropriate rates and grouped by work order number. Time billed for labor shall be limited to
hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced
amount.
The City will furnish a tax exemption certificate upon request.
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13.PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within
thirty (30) calendar days of the City’s receipt of the deliverables or of the invoice being received
in Accounts Payable, whichever is later.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid
balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the
maximum lawful rate; except, if payment is not timely made for a reason for which the City
may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after
the grounds for withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the
partial shipment or delivery, as stated above, provided that the invoice matches the shipment or
delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is
required to provide, are filed or reasonable evidence indicating probable filing of such
claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City’s agents, employees or contractors,
which is not covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor’s obligations will not be completed within the
time specified in the Contract, and that the unpaid balance would not be adequate to
cover actual or damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with all
required attachments and supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract
Documents.
E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for
delinquent taxes, the City may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding. The
City’s payment obligations are payable only and solely from funds Appropriated and available for
this contract. The absence of Appropriated or other lawfully available funds shall render the
Contract null and void to the extent funds are not Appropriated or available and any deliverables
delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor
written notice of the failure of the City to make an adequate Appropriation for any fiscal year to
pay the amounts due under the Contract, or the reduction of any Appropriation to an amount
insufficient to permit the City to pay its obligations under the Contract. In the event of none or
inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City.
14.TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the
term of this contract, the contractor shall bill and the City shall reimburse contractor for all
reasonable and approved out of pocket expenses which are incurred in the connection with the
performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by
the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated.
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15.FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance
Report to the Purchasing Manager no later than the 15th calendar day after completion of all work
under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in
compliance with the requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claims (1) which have
been previously asserted in writing and not yet settled, (2) arising from defective work appearing
after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the
terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations
under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising
under the City’s right to audit; and ii. a waiver of all claims by the Contractor against the City
other than those previously asserted in writing and not yet settled.
16.SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost
of any special tooling or special test equipment fabricated or required by the Contractor for the
purpose of filling this order, such special tooling equipment and any process sheets related thereto
shall become the property of the City and shall be identified by the Contractor as such.
17.RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress
or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are
completed and resolved. These books, records, documents and other evidence shall be available,
within ten (10) business days of written request. Further, the Contractor shall also require all
Subcontractors, material suppliers, and other payees to retain all books, records, documents and
other evidence pertaining to the Contract, and to allow the City similar access to those documents.
All books and records will be made available within a 50 mile radius of the City of Denton. The
cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater.
If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel
costs, must be borne by the Contractor which must be payable within five (5) business days of
receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the
terms “books”, “records”, “documents” and“other evidence”, as used above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
18.SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor
shall comply with all requirements approved by the City. The Contractor shall not initially employ
any Subcontractor except as provided in the Contractor’s Plan. The Contractor shall not substitute
any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in
writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or
remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan
has been approved, the Contractor is additionally required to submit a monthly Subcontract
Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day
of each month.
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B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the
terms of the
Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract
without the prior written consent of the City and the Contractor. The City may require, as
a condition to such further subcontracting, that the Subcontractor post a payment bond in
form, substance and amount acceptable to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including
any claims for additional payments, damages or otherwise, to the Contractor in sufficient
time to enable the Contractor to include same with its invoice or application for payment
to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their
contract, insurance in the type and amounts specified for the Contractor, with the City
being a named insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent
as the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the
Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual
relationship between the City and any such Subcontractor, nor shall it create any obligation on the
part of the City to pay or to see to the payment of any moneys due any such Subcontractor except
as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City.
19. WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently without
consultation, communication, or agreement for the purpose of restricting competition, as to any
matter relating to such fees with any other firm or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current
prices on orders by others for like deliverables under similar terms of purchase.
20.WARRANTY – TITLE: The Contractor warrants that it has good and indefeasible title to all
deliverables furnished under the Contract, and that the deliverables are free and clear of all liens,
claims, security interests and encumbrances. The Contractor shall indemnify and hold the City
harmless from and against all adverse title claims to the deliverables.
21.WARRANTY– DELIVERABLES: The Contractor warrants and represents that all
deliverables sold the City under the Contract shall be free from defects in design, workmanship or
manufacture, and conform in all material respects to the specifications, drawings, and descriptions
in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and
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.
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A. Recycled deliverables shall be clearly identified as such.
B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law; and any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the date of acceptance of the deliverables or from the date of acceptance of any replacement
deliverables. If during the warranty period, one or more of the above warranties are breached, the
Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables,
or replace the non-conforming deliverables with fully conforming deliverables, at the City’s option
and at no additional cost to the City. All costs incidental to such repair or replacement, including
but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor.
The City shall endeavor to give the Contractor written notice of the breach of warranty within
thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice
shall not impair the City’s rights under this section.
D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming
deliverables as required by the City, then in addition to any other available remedy, the City may
reduce the quantity of deliverables it may be required to purchase under the Contract from the
Contractor, and purchase conforming deliverables from other sources. In such event, the
Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to
procure such deliverables from another source.
E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate
manufacturer’s warranty, the Contractor shall transfer and assign such manufacturer’s warranty to
the City. If for any reason the manufacturer’s warranty cannot be fully transferred to the City, the
Contractor shall assist and cooperate with the City to the fullest extent to enforce such
manufacturer’s warranty for the benefit of the City.
22.WARRANTY– SERVICES: The Contractor warrants and represents that all services to be
provided the City under the Contract will be fully and timely performed in a good and workmanlike
manner in accordance with generally accepted industry standards and practices, the terms,
conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules
or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the Acceptance Date. If during the warranty period, one or more of the above warranties are
breached, the Contractor shall promptly upon receipt of demand perform the services again in
accordance with above standard at no additional cost to the City. All costs incidental to such
additional performance shall be borne by the Contractor. The City shall endeavor to give the
Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery
of the breach warranty, but failure to give timely notice shall not impair the City’s rights under
this section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above
standard as required by the City, then in addition to any other available remedy, the City may
reduce the amount of services it may be required to purchase under the Contract from the
Contractor, and purchase conforming services from other sources. In such event, the Contractor
shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such
services from another source.
Contract # 7121
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23.ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay
all claims, costs, losses and damages attributable to the City’s evaluation of and determination to
accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final
payment, the City may deduct such amounts as are necessary to compensate the City for the
diminished value of the defective or non-conforming deliverables. If the acceptance occurs after
final payment, such amount will be refunded to the City by the Contractor.
24.RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party’s intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time specified
after demand is made, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
25.STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation or
unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the
City as a result of the issuance of such Stop Work Notice.
26.DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to
provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks
relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in
Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to
the City.
27.TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor’s default, including, without
limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post-
judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and
any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and
remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by
law.
28.TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work
pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The
City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available
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.
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29.FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable
required to be submitted by the Contractor to the City shall be grounds for the termination of the
Contract for cause by the City and may result in legal action.
30.DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if
the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price and execute an amendment to the Contract. The
Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations under
this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots,
civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the
reasonable control of such Party. In the event of default or delay in contract performance due to
any of the foregoing causes, then the time for completion of the services will be extended;
provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of such
failure to perform.
31.INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution mechanism,
including attorney and other professional fees for: (1) damage to or loss of the property of
any person (including, but not limited to the City, the Contractor, their respective agents,
officers, employees and subcontractors; the officers, agents, and employees of such
subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's
compensation, loss of services, or loss of income or wages to any person (including but not
limited to the agents, officers and employees of the City, the Contractor, the Contractor’s
subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non-
conforming deliverables, negligence, willful misconduct or a breach of any legally imposed
strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY),
INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO,
CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR
THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE
PERFORMANCE OF THE CONTRACTOR’S OBLIGATIONS UNDER THE
CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF
THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE
LIABLE FOR AN INDEMNIFIED CLAIM.
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32.INSURANCE: The following insurance requirements are applicable, in addition to the specific
insurance requirements detailed in Appendix A for services only. The successful firm 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 Contractor shall at a minimum carry insurance in the types and amounts indicated
and agreed to, as submitted to the City and approved by the City within the procurement
process, for the duration of the Contract, including extension options and hold over periods,
and during any warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverage’s and
endorsements required to the City as verification of coverage prior to contract execution
and within fourteen (14) calendar days after written request from the City. Failure to
provide the required Certificate of Insurance may subject the Offer to disqualification from
consideration for award. The Contractor must also forward a Certificate of Insurance to the
City whenever a previously identified policy period has expired, or an extension option or
hold over period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence work until the required insurance is obtained and
until such insurance has been reviewed by the City. Approval of insurance by the City shall
not relieve or decrease the liability of the Contractor hereunder and shall not be construed
to be a limitation of liability on the part of the Contractor.
iv. The Contractor must submit certificates of insurance to the City for all subcontractors
prior to the subcontractors commencing work on the project.
v. The Contractor’s and all subcontractors’ insurance coverage shall be written by
companies licensed to do business in the State of Texas at the time the policies are issued
and shall be written by companies with A.M. Best ratings of A- VII or better. The City
will accept workers’ compensation coverage written by the Texas Workers’ Compensation
Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall contain the
solicitation number and the following information:
City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
vii. The “other” insurance clause shall not apply to the City where the City is an additional
insured shown on any policy. It is intended that policies required in the Contract, covering
both the City and the Contractor, shall be considered primary coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the Contractor
shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified.
If Excess Liability Insurance is provided, it shall follow the form of the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without
expense, to review certified copies of policies and endorsements thereto and may make any
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.
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x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to make reasonable adjustments to insurance coverage,
limits, and exclusions when deemed necessary and prudent by the City based upon changes
in statutory law, court decisions, the claims history of the industry or financial condition
of the insurance company as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance
to lapse during the term of the Contract or as required in the Contract.
xii. The Contractor shall be responsible for premiums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions shall be
disclosed on the Certificate of Insurance.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days’ written
notice of erosion of the aggregate limits below occurrence limits for all applicable
coverage’s indicated within the Contract.
xiv. The insurance coverage’s specified in within the solicitation and requirements are
required minimums and are not intended to limit the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instrument.
33.CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which
arises under or concerns the Contract, or which could have a material adverse effect on the
Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City
shall state the date of notification of any such claim, demand, suit, or other action; the names and
addresses of the claimant(s); the basis thereof; and the name of each person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City
Hall, 215 East McKinney Street, Denton, Texas 76201.
34.NOTICES: Unless otherwise specified, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered
Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon
receipt by the addressee. Routine communications may be made by first class mail, telefax, or
other commercially accepted means. Notices to the Contractor shall be sent to the address specified
in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices
to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked
to the attention of the Purchasing Manager.
35.RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public Information
Act, Chapter 552, and Texas Government Code.
36.NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title
to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the
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specifications in the Contract will not infringe, directly or contributorily, any patent, trademark,
copyright, trade secret, or any other intellectual property right of any kind of any third party; that
no claims have been made by any person or entity with respect to the ownership or operation of
the deliverables and the Contractor does not know of any valid basis for any such claims. The
Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and
against all liability, damages, and costs (including court costs and reasonable fees of attorneys and
other professionals) arising out of or resulting from: (i) any claim that the City’s exercise anywhere
in the world of the rights associated with the City’s’ ownership, and if applicable, license rights,
and its use of the deliverables infringes the intellectual property rights of any third party; or (ii)
the Contractor’s breach of any of Contractor’s representations or warranties stated in this Contract.
In the event of any such claim, the City shall have the right to monitor such claim or at its option
engage its own separate counsel to act as co-counsel on the City’s behalf. Further, Contractor
agrees that the City’s specifications regarding the deliverables shall in no way diminish
Contractor’s warranties or obligations under this paragraph and the City makes no warranty that
the production, development, or delivery of such deliverables will not impact such warranties of
Contractor.
37.CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may
require access to certain of the City’s and/or its licensors’ confidential information (including
inventions, employee information, trade secrets, confidential know-how, confidential business
information, and other information which the City or its licensors consider confidential)
(collectively, “Confidential Information”). Contractor acknowledges and agrees that the
Confidential Information is the valuable property of the City and/or its licensors and any
unauthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the City and/or its licensors. The Contractor (including its employees,
subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information
in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use
the Confidential Information without the prior written consent of the City or in a manner not
expressly permitted under this Agreement, unless the Confidential Information is required to be
disclosed by law or an order of any court or other governmental authority with proper jurisdiction,
provided the Contractor promptly notifies the City before disclosing such information so as to
permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to
use protective measures no less stringent than the Contractor uses within its own business to protect
its own most valuable information, which protective measures shall under all circumstances be at
least reasonable measures to ensure the continued confidentiality of the Confidential Information.
38.OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and
interests throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees
to disclose such patentable subject matter to the City. Further, if requested by the City, the
Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right,
title, and interest to specific inventions under such patentable subject matter to the City and to
execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute,
acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by
the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor
agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the
Contractor for the City and the City shall own all copyrights in and to such deliverables, provided
Contract # 7121
DocuSign Envelope ID: 2EA40FB0-59A9-43A0-9897-43DD4704CDF1
however, that nothing in this Paragraph 38 shall negate the City’s sole or joint ownership of any
such deliverables arising by virtue of the City’s sole or joint authorship of such deliverables.
Should by operation of law, such deliverables not be considered works made-for-hire, the
Contractor hereby assigns to the City (and agrees to cause each of its employees providing services
to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all
worldwide right, title, and interest in and to such deliverables. With respect to such work made-
for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its
employees providing services to the City hereunder to execute, acknowledge, and deliver a work-
made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon
delivery of such deliverables to the City or at such other time as the City may request.
C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and deliver all applications, specifications, oaths,
assignments, and all other instruments which the City might reasonably deem necessary in order
to apply for and obtain copyright protection, mask work registration, trademark registration and/or
protection, letters patent, or any similar rights in any and all countries and in order to assign and
convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and
interest in and to the deliverables. The Contractor’s obligations to execute, acknowledge, and
deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those
described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract
with respect to such deliverables. In the event the City should not seek to obtain copyright
protection, mask work registration or patent protection for any of the deliverables, but should
desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information
under the terms of Paragraph 37 above.
39.PUBLICATIONS: All published material and written reports submitted under the Contract
must be originally developed material unless otherwise specifically provided in the Contract.
When material not originally developed is included in a report in any form, the source shall be
identified.
40.ADVERTISING:The Contractor shall not advertise or publish, without the City’s prior
consent, the fact that the City has entered into the Contract, except to the extent required by law.
41.NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure the Contract upon any agreement or understanding
for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona
fide established commercial or selling agencies maintained by the Contractor for the purpose of
securing business. For breach or violation of this warranty, the City shall have the right, in addition
to any other remedy available, to cancel the Contract without liability and to deduct from any
amounts owed to the Contractor, or otherwise recover, the full amount of such commission,
percentage, brokerage or contingent fee.
42.GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without
liability if it is determined by the City that gratuities were offered or given by the Contractor or
any agent or representative of the Contractor to any officer or employee of the City of Denton with
a view toward securing the Contract or securing favorable treatment with respect to the awarding
or amending or the making of any determinations with respect to the performing of such contract.
In the event the Contract is canceled by the City pursuant to this provision, the City shall be
entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost
incurred by the Contractor in providing such gratuities.
Contract # 7121
DocuSign Envelope ID: 2EA40FB0-59A9-43A0-9897-43DD4704CDF1
43.PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer,
employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of the performance of any solicitation shall
have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any
willful violation of this section shall constitute impropriety in office, and any officer or employee
guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation
of this provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete and submit the City’s Conflict of
Interest Questionnaire.
44.INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits,
worker’s compensation, or any other City employee benefit. The City shall not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor 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. The
contractor is expressly free to advertise and perform services for other parties while performing
services for the City.
45.ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
The Vendor shall notify the City’s Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated City records. The
president of the company or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such
change, copy of the board of director’s resolution approving the action, or an executed
merger or acquisition agreement. Failure to do so may adversely impact future invoice
payments.
46.WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party. No waiver by either
the Contractor or the City of any one or more events of default by the other party shall operate as,
or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an
express or implied acceptance of any other existing or future default or defaults, whether of a
similar or different character.
Contract # 7121
DocuSign Envelope ID: 2EA40FB0-59A9-43A0-9897-43DD4704CDF1
47.MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
48.INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the parties
or course of performance or usage of the trade shall be relevant to supplement or explain any term
used in the Contract. Although the Contract may have been substantially drafted by one party, it
is the intent of the parties that all provisions be construed in a manner to be fair to both parties,
reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC
definition shall control, unless otherwise defined in the Contract.
49.DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing
of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party
may make a written request for a meeting between representatives of each party within fourteen
(14) calendar days after receipt of the request or such later period as agreed by the parties. Each
party shall include, at a minimum, one (1) senior level individual with decision-making authority
regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith
to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the
parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to
mediation as described below. Negotiation may be waived by a written agreement signed by both
parties, in which event the parties may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation
skills to assist with resolution of the dispute. Should they choose this option; the City and the
Contractor agree to act in good faith in the selection of the mediator and to give consideration to
qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties
from relying on the skills of a person who is trained in the 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
Contractor will share the mediator’s fees equally and the parties will bear their own costs of
participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist them in the mediation.
50.JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted
in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 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.
Contract # 7121
DocuSign Envelope ID: 2EA40FB0-59A9-43A0-9897-43DD4704CDF1
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 deemed severed from the Contract and the balance of the
Contract shall be construed and enforced as if the Contract did not contain the particular portion
or provision held to be void. The parties further agree to reform the Contract to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Contract from being void
should a provision which is the essence of the Contract be determined to be void.
52.HOLIDAYS:The following holidays are observed by the City:
New Year’s Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year’s Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday
falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be
between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any
scheduled deliveries or work performance not within the normal hours of operation must be
approved by the City Manager of Denton, Texas or his authorized designee.
53.SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the Contract.
54.NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub-awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal, State,
or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its
firm and its principals are not currently suspended or debarred from doing business with the
Federal Government, as indicated by the General Services Administration List of Parties Excluded
from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of
Denton.
55.EQUAL OPPORTUNITY
A.Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, sexual
orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of,
or be otherwise subjected to discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror’s agent, shall
engage in any discriminatory employment practice against individuals with disabilities as defined
in the ADA.
Contract # 7121
DocuSign Envelope ID: 2EA40FB0-59A9-43A0-9897-43DD4704CDF1
56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded
requirements)
The following federally funded requirements are applicable. A. Definitions. As used in this
paragraph –
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragraph (1) of this definition, plus
allocable overhead costs, but excluding profit. Cost of components does not include any costs
associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected,
and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract
for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. 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 Contractor shall deliver only domestic end products except to the extent that it specified
delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act
Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all
information presented in any response to this contract, whether amended or not, except as
prohibited by law. Selection of rejection of the submittal does not affect this right.
58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or
supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the
respondent.
59.PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as
defined by the United States Department of Labor Davis-Bacon Wage Determination at
http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov
for Denton County, Texas (WD-2509).
Contract # 7121
DocuSign Envelope ID: 2EA40FB0-59A9-43A0-9897-43DD4704CDF1
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor
or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent
must comply with all applicable laws at all times, including, without limitation, the following: (i)
§36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code,
which prohibits the offering or conferring of benefits to public servants. The Respondent shall give
all notices and comply with all laws and regulations applicable to furnishing and performance of
the Contract.
61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on-
site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530
of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees.
Respondent is responsible for both federal and State unemployment insurance coverage and
standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with
all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or
federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall
pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701
ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may hereafter
be issued.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property and
equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers,
including any delivery or cartage company, in connection with any performance pursuant to the
Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any
such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an act
of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault
or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to
whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
days of the inception of such occurrence) and describe at a reasonable level of detail the
circumstances causing the non-performance or delay in performance.
Contract # 7121
DocuSign Envelope ID: 2EA40FB0-59A9-43A0-9897-43DD4704CDF1
65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party
under the Contract will not affect the right of such Party to require performance in the future. No
delay, failure, or waiver of either Party’s exercise or partial exercise of any right or remedy under
the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right
or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as
a waiver of any continuing or succeeding breach.
66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision
of the Contract is in any way intended to constitute a waiver by the City of Denton of any
immunities from suit or from liability that the City of Denton may have by operation of law.
67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the performances called
for in the Contract. The Respondent shall retain all such records for a period of four (4) years after
the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit
and litigation matters are resolved, whichever period is longer. The Respondent shall grant access
to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of
Texas, and any federal governmental entity that has authority to review records due to federal
funds being spent under the Contract.
Should a conflict arise between any of the contract documents, it shall be resolved with the
following order of precedence (if applicable). In any event, the final negotiated contract shall
take precedence over any and all contract documents to the extent of such conflict.
1. Final negotiated contract
2. RFP/Bid documents
3. City’s standard terms and conditions
4. Purchase order
5. Supplier terms and conditions
Contract # 7121
DocuSign Envelope ID: 2EA40FB0-59A9-43A0-9897-43DD4704CDF1
Exhibit D
Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
1.Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2.Register utilizing the tutorial provided by the State
3.Print a copy of the completed Form 1295
4.Enter the Certificate Number on page 2 of this contract.
5.Complete and sign the Form 1295
6.Email the form to purchasing@cityofdenton.com with the contract number in the subject line.
(EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
Contract # 7121
DocuSign Envelope ID: 2EA40FB0-59A9-43A0-9897-43DD4704CDF1
Customer Official System Quote
Quote Date:05/24/2019
Quote Number:QUO-92252-D5F5, Rev: 2
Customer Bill To:Location Information:
Denton Public Library - Main Denton Public Library
Jennifer Bekker
Main Emily Fowler Library, 502 Oakland StMain Emily Fowler Library, 502 Oakland St
Denton TX 76201Denton TX 76201
United States of AmericaUnited States of America
jennifer.bekker@cityofdenton.com
Sales Contact: Douglas Monson
Tel: 940-349-8753
Sales Phone: +1 (651) 263-5829
Sales Email: D.Monson@bibliotheca.com
Quote Details
Prices are in US Dollars
Quote expires (60) days from Quote Date above.
Cloud - New Account
If applicable, the hardware and software includes 12-month warranty, set-up and configuration
Item IDItem Type QuantitySale PriceSub Total
DIG000003-000-UScloudLibrary Cloud Library Annual, subscrip1$0.000$0.00
Cloud Library Annual Platform Subscription Fees:
bibliotheca will waive the first year platform fee for Denton
Public Library if they transfer their Overdrive collection over to
cloudLibrary. There will not be any expense from bibliotheca to
transfer Denton Public Library Overdrive content over, however
there is one publisher Black Stone Audio that charges a 25% fee
to transfer. Denton Library can work with Black Stone and get
their fee waived as other libraries have done.
Year 2: $4,000 (Including cloudLink fee)
Year 3: $4,000 (Including cloudLink fee)
DIG000031-000-UScloudLibrary content Set-Up, Training & Marketing - Tier 11$1,142.000$1,142.00
DIG000010-000-UScloudLibrary Cloud Library CloudLink Fee1$1,000.000$1,000.00
Total $2,142.00
(Less Sales Tax):
Additional Details
All prices including Service and Maintenance do not include any applicable sales tax. If tax exempt, A copy of Tax Exemption Certificate is required with purchase
order for all tax-exempt customers.
Terms are NET 30 Days from Date of Invoice. Invoice is generated at the time of Shipment.
Quotations are good for 60 days. All dates are based on ship dates. Order must ship within the 60-day window.
After 60 days, quotation expires. Contact Bibliotheca for a New Quotation.
A 20% restocking fee, in addition to in-bound and out-bound shipping, will be charged for all returns.
Bibliotheca, LLC Phone No - 877-207-3127
Fax No - 1-877 689 2269
3169 Holcomb Bridge Road, NW, Suite 200,
www.bibliotheca.com
Norcross, GA 30071, USA
Page 1 of 2
DocuSign Envelope ID: 2EA40FB0-59A9-43A0-9897-43DD4704CDF1
Customer Official System Quote
GST/HST N° 859257321RT0001
Submit Purchase Order by fax to 877-689-2269 or by email toorders-us@bibliotheca.com.
Accepted By: ____________________________________________________________
Accepted Date: __________________________________________________________
Customer Purchase Order Number: _________________________________________
Bibliotheca, LLC Phone No - 877-207-3127
Fax No - 1-877 689 2269
3169 Holcomb Bridge Road, NW, Suite 200,
www.bibliotheca.com
Norcross, GA 30071, USA
Page 2 of 2
DocuSign Envelope ID: 2EA40FB0-59A9-43A0-9897-43DD4704CDF1
Exhibit
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
Name of vendor who has a business relationship with local governmental entity.
1
2
Check this box if you are filing an update to a previously filed questionnaire.
th
(The law requires that you file an updated completed questionnaire with the appropriate filingauthority not later than the 7business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3
Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A.Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B.Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C.Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entityDate
Certificate Of Completion
Envelope Id: 2EA40FB059A943A0989743DD4704CDF1Status: Sent
Subject: Please DocuSign: City Council Contract 7121 - CloudLibrary Service
Source Envelope:
Document Pages: 27Signatures: 4Envelope Originator:
Certificate Pages: 6Initials: 1Suzzen Stroman
AutoNav: Enabled901B Texas Street
EnvelopeId Stamping: EnabledDenton, TX 76209
Time Zone: (UTC-06:00) Central Time (US & Canada)suzzen.stroman@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: OriginalHolder: Suzzen StromanLocation: DocuSign
7/17/2019 9:25:21 AM suzzen.stroman@cityofdenton.com
Signer EventsSignatureTimestamp
Suzzen StromanSent: 7/17/2019 9:55:29 AM
Completed
suzzen.stroman@cityofdenton.comViewed: 7/17/2019 9:55:35 AM
BuyerSigned: 7/17/2019 9:55:55 AM
Using IP Address: 129.120.6.150
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori HewellSent: 7/17/2019 9:55:57 AM
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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1829,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,authorizingtheCityManager,orhisdesignee,
toexecuteaMemorandumofUnderstandingwiththeTexasDepartmentofPublicSafety,StateofTexas,
authorizingtheDentonPoliceDepartmenttoperformuniformcommercialvehicleweightinspectionsand
enforcement for the period of August 1, 2019 through August 1, 2021; and providing an effective date.
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www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: POLICE
CM/ DCM/ ACM: Todd Hileman
DATE: August 6, 2019
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his
designee, to execute a Memorandum of Understanding with the Texas Department of Public Safety, State
of Texas, authorizing the Denton Police Department to perform uniform commercial vehicle weight
inspections and enforcement for the period of August 1, 2019 through August 1, 2021; and providing an
effective date.
BACKGROUND
Since 2006, the Denton Police Department has worked cooperatively with the Texas Department of Public
Safety (DPS) on commercial motor vehicle safety enforcement. The goal of Commercial Vehicle
Enforcement is to reduce commercial motor vehicle accidents, fatalities, and injuries through consistent,
uniform, and effective CMV safety programs. The CMV program detects, corrects or temporarily puts out
of service commercial vehicles that exhibit safety defects, driver deficiencies, and unsafe motor carrier
practices before they become contributing factors to crashes and a hazard to the citizens of Denton.
DPS provides training, testing and certification of officers within the Traffic Section of the police
department who are assigned to commercial motor vehicle enforcement activities. These officers may
conduct random, in-person observation of weight enforcement inspections to ensure adherence to the
Department of Public Safety certification standards. In order to perform enforcement activities under
Chapter 621, the Police Department is required to enter a Memorandum of Understanding (MOU) with the
Department of Public Safety that specifies the roles and obligations of each agency. This agreement must
be renewed every two (2) years. The Department agrees to certification training of their officers, purchase
the approved scales to meet State standards and provide the required annual reports on enforcement
activities.
RECOMMENDATION
Staff recommends the Council approve this ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City of Denton Ordinance 18-787 was passed and approved on May 22, 2018.
FISCAL INFORMATION
N/A
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance
Exhibit 3: Memorandum of Understanding (MOU)
Respectfully submitted:
Frank Dixon
Chief of Police
Prepared by:
Bobby Smith
Assistant Chief of Police
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1844,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,authorizingtheCityManager,orhisdesignee,
toexecuteaMemorandumofUnderstandingwiththeTexasDepartmentofPublicSafetyauthorizingthe
DentonPoliceDepartmenttoperformuniformcommercialvehicleweightinspectionsandenforcementforthe
period of August 1, 2019 through August 1, 2021; and providing an effective date.
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: POLICE
CM/ DCM/ ACM: Todd Hileman
DATE: August 6, 2019
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his
designee, to execute a Memorandum of Understanding with the Texas Department of Public Safety
authorizing the Denton Police Department to perform uniform commercial vehicle weight inspections and
enforcement for the period of August 1, 2019 through August 1, 2021; and providing an effective date.
BACKGROUND
Since 2006, the Denton Police Department has worked cooperatively with the Texas Department of Public
Safety (DPS) on commercial motor vehicle safety enforcement. The goal of Commercial Vehicle
Enforcement is to reduce commercial motor vehicle accidents, fatalities, and injuries through consistent,
uniform, and effective CMV safety programs. The CMV program detects, corrects or temporarily puts out
of service commercial vehicles that exhibit safety defects, driver deficiencies, and unsafe motor carrier
practices before they become contributing factors to crashes and a hazard to the citizens of Denton.
DPS provides training, testing and certification of officers within the Traffic Section of the police
department who are assigned to commercial motor vehicle enforcement activities. These officers may
conduct random, in-person observation of weight enforcement inspections to ensure adherence to the
Department of Public Safety certification standards. In order to perform enforcement activities under
Chapter 621, the Police Department is required to enter a Memorandum of Understanding (MOU) with the
Department of Public Safety in order to ensure uniformity with state and federal enforcement guidelines.
RECOMMENDATION
Staff recommends the Council approve this ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City of Denton Ordinance 18-787 was passed and approved on May 22, 2018.
FISCAL INFORMATION
N/A
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance
Exhibit 3: Memorandum of Understanding (MOU)
Respectfully submitted:
Frank Dixon
Chief of Police
Prepared by:
Bobby Smith
Assistant Chief of Police
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1847,Version:1
AGENDA CAPTION
ConsiderapprovalofaresolutionoftheCityofDenton,TexasdissolvingtheSpecialCitizensBondAdvisory
CommitteefortheProposed2019bondelection;endingappointmentstotheCommittee;anddeclaringan
effective date.
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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1060,Version:1
AGENDA CAPTION
ConsideradoptionofanordinancebytheCityofDenton,aTexashome-rulemunicipalcorporationauthorizing
theCityManager,orhisdesignee,toexecuteanInterlocalAgreementwiththeUniversityofNorthTexasto
definethedutiesandobligationsinvolvedwiththecoordinationofpublicsafetyrelatedefforts;andproviding
an effective date.
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT:Police
CM/DCM/ACM:Todd Hileman
DATE:August 6, 2019
SUBJECT
BACKGROUND
RECOMMENDATION
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
FISCAL INFORMATION
EXHIBITS
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1764,Version:1
AGENDA CAPTION
Considernominations/appointmentstotheCity’sBoards,Commissions,andCommittees:AnimalShelter
AdvisoryCommittee,BoardofEthics,CommitteeonPersonswithDisabilities,CommunityDevelopment
AdvisoryCommittee,HumanServicesAdvisoryCommittee,LibraryBoard,Parks,Recreation&Beautification
Board,Planning&ZoningCommission,PublicArtCommittee,PublicUtilitiesBoard,TrafficSafety
Commission, and Zoning Board of Adjustment.
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215 E. McKinney Street
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www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Office
ACM: Sara Hensley
DATE: August 6, 2019
SUBJECT
Advisory Committee, Board of Ethics, Committee on Persons with Disabilities, Community Development
Advisory Committee, Human Services Advisory Committee, Library Board, Parks, Recreation &
Beautification Board, Planning & Zoning Commission, Public Art Committee, Public Utilities Board,
Traffic Safety Commission, and Zoning Board of Adjustment.
BACKGROUND
On June 16, 2019, the 2019 Boards & Commissions Screening & Appointment Process was presented and
discussed with the City Council. This item is the first step in appointing members for 2019 under the new
process.
Exhibit 2 includes those seats for the above-noted Boards, Commissions, and Committees for whom
nominations have been received, nominees fully vetted and found to meet all necessary qualifications to
serve on the respective board/commission/committee. As previously discussed, only those nominees who
have been fully vetted and qualified will be presented for appointment.
This is not a complete listing of nominees as the vetting is still in progress for some.
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Nominations Sheet
Respectfully submitted:
Rosa Rios
City Secretary
BOARDS & COMMISSIONS - NOMINATIONS LIST
AUGUST 6, 2019
STATUS &
COUNCIL NOMINATING MEMBER MEMBER
BOARD/COMMITTEE/COMMISSION
PRESENT TERMNEW TERMQUALIFICATION OR
PLACECCMFIRST NAMELAST NAME
PREFERENCE, IF ANY
September 1, 2019
Reappointment
Animal Shelter Advisory Committee7WattsThomson
Tiffany2017-2019 - Unthrough
(Qualif.: 2/City Official)
August 30, 2021
September 1, 2019
Reappointment
Board of Ethics5ArmintorZoltner
David2018-2019
through
(Pref.: 0/None)
August 30, 2021
UNEXPIRED
New
September 1, 2018
ALL - 3DavisSwanbeck
Board of Ethics - AlternateRobert 2018-2020 - Un
(Pref.: 0/None)
through
August 30, 2020
UNEXPIRED
September 1, 2018
Committee on Persons with Disabilities6Austin
MeltzerSara (Sally)2018-2020 - UnNew
through
August 30, 2020
September 1, 2019
Community Development Advisory Committee2BriggsPiper-Lunt
Jane 2017-2019throughReappointment
August 30, 2021
September 1, 2019
Human Services Advisory Committee3Barrington
DavisPatricia2017-2019New
through
August 30, 2021
September 1, 2019
Human Services Advisory Committee5ArmintorMorgan
Amy 2017-2019 - UnthroughReappointment
August 30, 2021
September 1, 2019
Library Board2BriggsMargolis
Kate 2017-2019Reappointment
through
August 30, 2021
September 1, 2019
Library Board6Huttash
MeltzerBenjamin2017-2019throughNew
August 30, 2021
September 1, 2019
Parks, Recreation and Beautification Board6Emerich
MeltzerJames2017-2019New
through
August 30, 2021
September 1, 2019
Parks, Recreation and Beautification Board7WattsPunch
Frances2017-2019throughReappointment
August 30, 2021
September 1, 2019
Planning & Zoning Commission 2BriggsBeck
Larry 2017-2019Reappointment
through
August 30, 2021
September 1, 2019
Planning & Zoning Commission 7WattsSmith
Tim2017-2019throughReappointment
August 30, 2021
September 1, 2019
Public Art Committee6Steele
MeltzerEd 2017-2019 Reappointment
through
August 30, 2021
September 1, 2019
Public Utilities Board5Parker
ArmintorSusan 2015-2019throughReappointment
August 30, 2023
September 1, 2019
Traffic Safety Commission3King
DavisJeff 2017-2019 - UnReappointment
through
August 30, 2021
September 1, 2019
Zoning Board of Adjustment 3Higgins
DavisDavid 2017-2019throughReappointment
August 30, 2021
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1832,Version:1
AGENDA CAPTION
Hold a public hearing concerning the proposed $221,519,000 Bond Election to be held on November 5, 2019,
and associated project recommendations.
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Office
CFO: Antonio Puente, Jr
DATE: August 6, 2019
SUBJECT
Hold a public hearing concerning the proposed $221,519,000 Bond Election to be held on November5,
2019, and associated project recommendations.
BACKGROUND
City Council approved a resolution establishing the Special Citizens Bond Advisory Committee on April
he following:
Consider the previously presented projects in the bond program:
o Public safety facilities
o Major roadway projects
o Local streets improvements
o Streetlights
o Sidewalks
o Parks and Open Space
The Committee met eight times beginning May 30 to review project information from staff and formulate
their recommendation to the City Council. At their July 25 meeting, the Committee made a recommendation
of projects, total funding amounts, and public art inclusion in the 2019 bond program. Below are
recommendations for each proposition and total program funding from the Committee. After voting on each
project separately, the Committee unanimously approved the recommendation.
SCBAC Recommendation
Proposition Bond Cost
Public Safety Facilities Proposition $ 61,900,000
Streets Improvements Proposition $ 154,000,000
Park Improvements Proposition $ 5,619,000
Total Bond Program Recommendation $ 221,519,000
At their August 1, 2019 work session, the City Council
provided further direction on the proposed 2019 bond program. Council recommended breaking the bond
program out into four propositions so that voters could consider public art separately and to allow more
flexibility for all public art funds are used.
At their August 6 work session, the City Council will further discuss the proposed 2019 bond program,
followed by a public hearing during the City Council meeting to solicit public feedback. The current plan
is for City Council to consider calling the November 5 bond election at their August 13 meeting. The last
day to call the election is August 19.
Current Considerations for Bond Program
Proposition Bond Cost
Public Safety Facilities Proposition $ 61,900,000
Streets Improvements Proposition $ 154,000,000
Parks System Expansion Proposition $ 5,000,000
Public Art $ 619,000
Current Proposed Bond Program $ 221,519,000
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Proposed Projects
Respectfully submitted:
David Gaines
Director of Finance
Recommended 2019
Project Total Project Cost
Bond Funding
Proposition 1: Public Safety Facilities
Police Station Renovation Project $ 40,000,000 $ 36,000,000
PD Substation Project $ 21,000,000 $ 21,000,000
Police Firing Range $ 4,900,000 $ 4,900,000
Proposition Total $ 65,900,000 $ 61,900,000
Proposition 2: Streets Improvements
Bonnie Brae (V, VI, VII) $ 111,500,000 $ 27,000,000
Hickory Creek $ 160,000,000 $ 34,000,000
Street Rehab Program $ 70,000,000 $ 70,000,000
Sidewalks $ 18,700,000 $ 12,000,000
Street Lighting $ 7,000,000 $ 7,000,000
Ryan Road $ 10,000,000 $ 4,000,000
Proposition Total $ 377,200,000 $ 154,000,000
Proposition 3 Parks System Expansion
Open Space - Land Acquisition $ 5,000,000 $ 5,000,000
Proposition Total $ 5,000,000 $ 5,000,000
Proposition 4 Public Art
Public Art (1% Vertical Construction) $ 619,000 $ 619,000
Proposition Total $ 619,000 $ 619,000
Total Bond Program $ 448,719,000 $ 221,519,000
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:DCA18-0009t,Version:1
AGENDA CAPTION
HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,approvingacity-
widerezoning,tocoincidewithzoningregulationsadoptedunderthenewlyrevisedDentonDevelopment
Code;establishingapenaltyinthemaximumamountof$2000.00forviolationsthereof;providingfor
severability;andestablishinganeffectivedate.STAFFISREQUESTINGTHATTHISITEMBE
POSTPONED INDEFINITELY. (DCA18-0009t, DDC Update, Ron Menguita)
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215 E. McKinney Street
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www.cityofdenton.com
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: August 6, 2019
SUBJECT
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a
city-wide rezoning, to coincide with zoning regulations adopted under the newly revised Denton
Development Code; establishing a penalty in the maximum amount of $2000.00 for violations thereof;
providing for severability; and establishing an effective date. STAFF IS REQUESTING THAT THIS
ITEM BE POSTPONED INDEFINITELY. (DCA18-0009t, DDC Update, Ron Menguita)
BACKGROUND
Texas Local Government Code 211 grants municipal zoning authority for the purpose of promoting the
public health, safety, morals, or general welfare and protecting and preserving places and areas of historical,
cultural, or architectural importance and The zoning map is the medium that visually depicts
where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development
Code. As a companion to the DDC Update an updated Zoning Map must also be considered. Subchapter
3 of the DDC Update reclassifies twenty-three districts into sixteen zoning districts.
CONSIDERATION
As previously discussed, staff is recommending that public comment be heard and not take any action on
the adoption of the zoning map. Prior to the effective date of October 1, 2019 staff will bring forward the
following:
Consideration of City Initiated Zoning Changes (i.e., those inconsistent with map district
transition). Batches will be organized for consideration (e.g., geographically, by district type).
Staff anticipates bringing these forward for consideration beginning in June/July 2019.
These inconsistencies will be noticed in accordance with Texas Local Government Code
and recommendation by the Planning and Zoning
Commission prior to City Council consideration. This will ensure both the integrity and
transparency of the process remains by providing an opportunity for public input through the
public hearing process.
City Council will take individual action on each of the Upon conclusion of
that public hearing, a separate agenda item, will include the new Zoning Map (as amendedto
incorporate individual approved zoning changes) will be presented for consideration withan
effective date of October 1, 2019. Please note, staff is recommending that the effective date be
moved up to September 1, 2019 to be consistent with the 2019 Development Code amendments
and recently passed House Bills.
Subsequent to the effective date, a property owner may seek a rezoning on their property subject
to the noticing and public hearing process.
Staff is requesting that the subject item be heard but defer action to the August 20, 2019 City Council
th
meeting. By deferring the action to the August 20meeting, it will put the adoption of the zoning map on
the same agenda as the proposed 2019 Development Code amendments.
OPTIONS
1. Approve as submitted
2. Approve subject to conditions
3. Deny
4. Postpone consideration
5. Table item
RECOMMENDATION
Planning and Zoning Commission recommends approval of the updated zoning map 7-0.
Staff recommends approval of the ammap.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council and Planning and Zoning Commission
September 11, 2012 City Council approved contract with Clarion Associates
December 13, 2016 City Council approved first amendment to contract
April 28, 2017, Purchasing staff approved second amendment to contract
November 7, 2017 - City Council approved third amendment to contract
March 27, 2018 City Council Work Session regarding Administration and Procedures (Module
2)
March 28, 2018 Special Called Planning and Zoning Commission Work Session regarding
Administration and Procedures (Module 2)
April 10, 2018 - City Council Work Session regarding DDC Advisory Committee
November 14, 2018 Planning and Zoning Commission Work Session
February 12, 2019 City Council Work Session #1
February 13, 2019 - Planning and Zoning Commission Work Session #1
February 20, 2019 - Planning and Zoning Commission Work Session #2
February 26, 2019 City Council Work Session #2
February 27, 2019 - Planning and Zoning Commission Work Session #3
March 5, 2019 City Council Work Session #3
March 6, 2019 - Planning and Zoning Commission Work Session #4
March 19, 2019 City Council Work Session #4
March 20, 2019 - Planning and Zoning Commission Work Session #5
March 26, 2019 City Council Work Session #5
April 2, 2019 City Council Work Session #6
April 9, 2019 City Council Work Session #7
April 10, 2019 - Planning and Zoning Commission Public Hearing
April 16, 2019 City Council Work Session #8
April 23, 2019 - City Council Public Hearing, Council open the public hearing and continue the
item to the August 6, 2019 meeting
May 21, 2019 - City Council Work Session
EXHIBITS
1. Agenda Information Sheet
Respectfully submitted:
Scott McDonald
Director of Development Services
Prepared by:
Ron Menguita, AICP
Principal Planner