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2019-08-27 Agenda with Backup
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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-2025,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction on the process for responding to City Council requests for information and potential changes to City Council meeting procedures as discussed during the August 17, 2019 City Council retreat. City of DentonPage 1 of 1Printed on 8/23/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM: Todd Hileman DATE: August 27, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction on the process for responding to City Council requests for information and potential changes to City Council meeting procedures as discussed during the August 17, 2019 City Council retreat. BACKGROUND on Saturday, August 17, 2019. A significant portion of the retreat discussion focused on the types of City Council requests for information. Requests types include service requests, requests for clarification, and policy research. During the retreat discussion, both staff and the City Council agreed that regular service requests for things such as infrastructure maintenance or construction concerns would continue to be responded to by staff via email, in keeping with the current process. Staff and the City Council also agreed that the process for elected officials to seek clarification on City Council, Board, Commission, or Committee agendas would remain unchanged. A new set of procedures was developed during the August 17 retreat to ensure there is a consensus of the City Council regarding the use of staff time when responding to requests from elected officials anticipated to take more than two hours to complete. The procedures agreed upon include the following: All information requests should include the following details: o Request Type, o Purpose, o Time Sensitivity, and o Preferred Response Format. Office will estimate the amount of time required to respond to each request. Requests estimated to take more than two hours to complete will be brought forward within the next 30 days to a City Council work session to seek consensus from the full City Council regarding the use of staff time to fulfill the request. A standing work session item will be added to each City Council agenda for City Council requests to be considered. o The requesting elected official will be required to provide a clear, written explanation describing the reason for their requested research or work session. This description will be included as an attachment to the work session agenda materials. During the work session, the requesting elected official will have up to one minute to describe and justify their request. o Remaining elected officials will then have up to one minute to provide feedback and indicate their support for the use of staff time to respond to the request. Staff will respond to all requests where a consensus of at least four elected officials is established. Responses will be provided in the requested format including Informal Staff Reports, Legal Status Reports, City Council work session topics, or ordinances and resolutions to be considered on future City Council agendas. Once adopted, the first work session to review Council requests will take place at the September 10 City Council meeting. On September 10, staff will review the list of remaining requests that predate the new process and potentially other requests made since the August 17 retreat to determine which items require further action from staff. During the August 17 retreat, the City Council also discussed other considerations that will be discussed during the August 27 work session. Other considerations include: Option to allow elected officials up to two additional requests per quarter where Council consensus is not met; Process to reconsider requests where consensus is not met; Inclusion of the Internal Auditor in the City Council request process; Limit Concluding Items to two minutes per elected official and reduce the scope to community announcements, expressions of thanks, and/or general announcements; and Revise work session procedures to allow presenters to complete presentations prior to fielding questions from elected officials, allow elected officials up to one minute to state each question and limit discussion regarding specific questions or point raised by Council to 5-7 minutes. Pending feedback received by the City Council on August 27, some of the other considerations listed above may be included in the Rules of Procedure work session on September 17 where staff will review potential process revisions associated with the way that City Council meetings are conducted. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Draft Ordinance Exhibit 3 Presentation Respectfully submitted: Rachel Wood Chief of Staff ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON ADDING SECTION 2-30 TO THE CODE OF THE CITY OF DENTON AND ADOPTING PROCEDURES FOR MEMBERS OF THE CITY COUNCIL TO SUBMIT INFORMATION REQUESTS TO STAFF AND ESTABLISH CONSENSUS REGARDING THE USE OF STAFF TIME WHEN RESPONDING TO REQUESTS ESTIMATED TO TAKE GREATER THAN TWO HOURS TO COMPLETE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council makes regular inquiries of staff including service requests, clarification on City Council and Committee agenda items, and for policy research; and WHEREAS, during their annual retreat on August 17, 2019, the City Council of the City of Denton agreed to a set of procedures intended to ensure there is a consensus of the City Council regarding the use of staff time when responding to requests from elected officials; and WHEREAS the City Council now desires to formally adopt the new City Council request procedures to help ensure the most effective use of staff time when responding to requests from individual elected officials; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following provisions shall be established and incorporated into Chapter 2, Article II of the Code of Ordinances of the City of Denton, Texas, as the definitions and principles supporting a new process for City Council Requests for Information or Work Sessions. Chapter 2 - ADMINISTRATION ARTICLE II. ADMINISTRATIVE ORGANIZATION Sec. 2-30. - City Council Requests for Information or Work Sessions. (a) Definitions. (1) For purposes of Section 2-30 the following definitions apply: a. Requests made by a member of the City Council to seek clarification on Board, Commission, Committee or City Council agenda items; address perceived service issues, infrastructure maintenance, or construction concerns caused by or impacting City operations and/or the quality of life for Denton residents; and requests for policy-related research to evaluate policies implemented by other agencies and/or assess the impact a new policy or potential program may have if implemented by the City of Denton. b. Includes employees of the City of Denton consisting of or reporting to the City Manager, City Attorney, Municipal Court Judge, and the Internal Auditor. (b) City Council Requests for Information from City Staff. (1)AllCity Council requests for informationfrom City Staff,must be submitted to the Office via email andinclude at a minimum, the following details: a.Request Type; b.Purpose; c.Time Sensitivity; and d.Preferred Response Format. (2) amount of time required to respond to each request. (3)Requestsestimated to take more than a total of two hoursto complete will be brought forward within the next 30calendardays,to a City Council work session to seek consensus from the full City Council regarding the use of City Staff time to fulfill the request.Requests for information referred to a work sessionwill follow the proceduresprovided in sub-section (b) of Section 2-30. (c)City Council Requests for Information Referred to a Work Session. (1)A standing work session item will be added to each City Council agenda for City Council requests to be considered. a.The requesting Council Memberwill be required to provide a clear, written explanation describing the reason for the information requested. This description will be included as an attachment to the work session agenda materialsand must be provided to the City Secretary in time to fully comply withTexas Open Meeting Act requirements. (2)During the work session, the requesting Council Memberwill havea maximum of one minute to describe and justify their request. a.Remaining Council Memberswill then havea maximum of one minuteeach to provide feedback and indicate their support for the use of City Staff time to respond to the request. (3)Staff will respond to all requests where a consensus of at least four elected officials is established. To the extent possible, responses will be make in the requested format including Informal Staff Reports, Legal Status Reports, City Council work session topics, or ordinances and resolutions to be considered on future City Council agendas. SECTION 2. This ordinanceshall become effective immediately upon its passage and approval. SECTION 3.To the extent not otherwise provided, this ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as the portion of such ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 4.If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. The motion to approve this ordinancewas made by __________________________ and seconded by _________________________________, the ordinance waspassed and approved by the following vote \[___ -___\]: Aye Nay AbstainAbsent Mayor Chris Watts: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ____________ Keely Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ____________ Paul Meltzer, At Large Place 6:______ ______ ____________ PASSED AND APPROVEDthis the _________ day of ___________________, 2019. __________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS,CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: __________________________________ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1959,Version:1 AGENDA CAPTION Receive a report and hold a discussion from representatives of Atmos Energy Corporation regarding the company’s infrastructure, construction, safety, and communication activities within the City of Denton. City of DentonPage 1 of 1Printed on 8/23/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office ACM: Mario Canizares DATE: August 27, 2019 SUBJECT Receive a report and hold a discussion from representatives of Atmos Energy Corporation regarding the company’s infrastructure, construction, safety, and communication activities within the City of Denton. BACKGROUND Atmos Energy Corporation, headquartered in Dallas, is the country's largest, fully-regulated, natural-gas- only distributor, serving over 3 million natural gas distribution customers in over 1,400 communities in eight states. As a natural gas franchisee with the City of Denton, Atmos operates and maintains 393 miles of pipeline serving 21,738 customer accounts. On March 15, 2019, an Informal Staff Report (ISR) was provided to update the City Council on Atmos’ efforts to detect gas leaks, improve infrastructure, and the coordination between construction projects and communications. The ISR is attached as Exhibit 2. As a result of that report, the City Council through their work session prioritization efforts requested a presentation from Atmos officials at a future work session. At the August 27 work session, Atmos staff will be presenting an overview of their activities in Denton over the last several months. EXHIBITS 1. Agenda Information Sheet 2. Information Staff Report # 2019-051 – Atmos Energy 3. Atmos – Denton Profile Respectfully submitted: Mario Canizares Deputy City Manager Date: March 15, 2019 Report No. 2019-051 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Update relating to Atmos Energy to detect gas leaks and improve infrastructure, including information on how the City partners with Atmos to coordinate construction projects and communications. EXECUTIVE SUMMARY: In addition to increases in planned pipeline replacement projects, Atmos Energy has deployed leak detection vehicles within the City of Denton to increase leak detection capabilities. With the increase in planned and unplanned repair and replacement activities, continued staff coordination with Atmos will be critical. BACKGROUND: Atmos Energy Corporation, headquartered in Dallas, is the country's largest, fully-regulated, natural-gas-only distributor, serving over 3 million natural gas distribution customers in over 1,400 communities in eight states. As a natural gas franchisee with the City of Denton, Atmos operates and maintains 393 miles of pipeline serving 21,738 customer accounts. Increased Investments and Leak Detection Atmos has steadily increased its infrastructure within the City of Denton has seen a similar rise. Of the $24 million that Atmos invested in its system within the city of Denton since 2011, $8.8 million occurred within the last year. Much of this capital investment activity is related to the replacement of older distribution pipelines. longer includes cast iron pipes, with Atmos reporting that the system is 69.8% plastic polyethylene, 22.4% coated steel, and 7.8% bare steel. Much of this investment is designed to reduce or prevent leaks in the pipeline system. Leaks are primarily caused by accidental damage from a third-party, corrosion, or other environmental factors. When a leak is reported or detected, Atmos will assign the leak a priority level in accordance with state and federal guidelines. Leaks with the highest priority level receive immediate attention. Atmos has launched a new leak detection technology system within the city of Denton Leak Detection Vehicles. As these leak detection vehicles drive throughout the city, they detect faint plumes of methane in the air. The methane data is catalogued and mapped to narrow down an approximate location of a possible leak. Field crews are then dispatched to do a more thorough investigation. Additionally, leak detection vehicles will primarily drive at night due to the ability to achieve more accurate data collection during that time. Considering the planned increases in pipeline replacement, expected increases in repairs due to enhanced leak detection capability, and overall development growth within Denton, residents and businesses should expect to see a high level of Atmos activity for the foreseeable future. Date: March 15, 2019 Report No. 2019-051 Partnering with Atmos The coordination of construction and repair projects between City staff and Atmos is a critical and ongoing component in our partnership. This coordination ensures that street and pipeline projects are planned to minimize the other and to minimize the overall impact to the Denton community. At the heart of this partnershi-term capital project plans with Atmos. They are then re-engaged at different project design milestones and at project design completion. With this information, Atmos can determine which of their assets require relocation or can proactively plan to replace assets as the same time the City project is in active construction. This is most advantageous for street construction projects where Atmos can replace older pipe after the old pavement is removed, but before the new pavement is laid down. The City meets with Atmos representatives, as with other franchise utilities, on a monthly basis to discuss active and planned projects and coordinate construction schedules. Communicating to the Denton Community The City also partners with Atmos in communicating important information regarding road closures, detours, and general gas infrastructure project updates to the public. The Public Affairs and Capital Projects departments work with Atmos to gather project information one to three weeks in advance of the actual start date so that a communications plan and language can be prepared. If an Atmos project is tied to a City construction project or is expected to have a significant impact to traffic, it is included in the Street Construction Report that is available on the City of Denton website and included in the Friday Report every week. In the cases of emergency closures, email notifications are sent to Improving Denton subscribers and the information is posted on our social media channels. CONCLUSION: Atmos Energy continues to increase its investment in capital infrastructure and deployment of leak detection technologies within Denton. As Atmos activity increases, City staff will continue to work closely to maintain project efficiency and to minimize the adverse impacts to the public. ATTACHMENT(S): Atmos 2018 Mid-Tex Operations Report (hardcopy provided in Council Packet) STAFF CONTACT: Ryan Adams Assistant to the City Manager (940) 349-8565 Ryan.Adams@cityofdenton.com City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1999,Version:1 AGENDA CAPTION Receiveareport,holdadiscussion,andgivestaffdirectionregardingchangestoSubchapter6:GasWellsof the Denton Development Code related to reverse setbacks and associated definitions and appeal procedures. City of DentonPage 1 of 1Printed on 8/23/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:Department of Development Services CM:Todd Hileman DATE:August 27, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding changes to Subchapter 6: Gas Wells of the Denton Development Code related to reverse setbacks and associated definitions and appealprocedures. BACKGROUND On July 29, 2019 staff presented a work session to City Council regarding setbacks in the City of Denton compared to other DFW area cities. At thattime, the City Council reached a general consensus to increase Reverse Setbacks from 250 feet to 500 feet. Current setbacks were established in 2015 during the last gas well ordinance update, and are as follows: Drilling/ProductionMinimum SetbackReverse Setback Site Setback New Gas WellSite –Non-industrial 1000 ft500 ft250 ft districts New Gas WellSite –Industrial 250 ft250 ft250 ft districts Existing Gas WellSite –Non-500 ft250 ft250 ft industrial districts Existing Gas WellSite –Industrial 250 ft250 ft250 ft districts At Council’s direction, staff is preparing to amend the Denton Development Code in order to increase the Reverse Setback in all of the scenarios listed above to 500 feet. As staff began working through this code amendment, it was determined that there are two major areas of impact that should be discussed with the Council before bringing the code amendments forward. These are outlined below. Nonconforming Protected Uses In response to Council’s direction to increase Reverse Setbacks from 250 feet to 500 feet, staff conducted a GIS analysis to determine approximately how many Protected Uses would be made nonconforming. The following table shows how many parcels of land with Protected Uses are currently nonconforming to the 250 foot Reverse Setback and how many would be made nonconforming with the amendment to a 500 foot Reverse Setback. This data includes parcels that are developed with Protected Uses today as well as parcels identified on plats either recently approved or in progress on which Protected Uses will be developed. These plats are vested under the 250 foot reverse setback for platting purposes, but the future structures will be nonconforming once they are built. Number of Parcels with Nonconforming Protected Uses Protected UsesCityETJ* 250ft500ft250ft500ft Hotels0000 Hospitals0000 Churches1100 Public Transit Center0000 Parks4511 Schools2200 Multi-Family0100 SingleFamily3421204224 TOTAL3491212325 *Zoning setbacks do not apply in the ETJ. Numbers are for informational purposes only. Although the 2019 Denton Development Code contains language in Section 1.5.2I that prevents the adoption of the new DDC from making existing single-family, duplex, and townhome dwelling nonconforming, this language will not apply to structures that do not conform to the Reverse Setbacks. Those Protected Uses that are already nonconforming to the 250 foot Reverse Setback will remain nonconforming in accordance with Section 1.7.3. The revisions to the gas well ordinance are not a part of the DDC adoption earlier this year, so the adoption of this subsequent code amendment will render those Protected Uses located between 250 feet and 500 feet from a gas well site nonconforming. These nonconforming structures are not able to be altered or expanded in any way that would increase the degree of nonconformity. Repairs or changes could be made only as necessary to mitigate damage or hazards or to bring the building into compliance with a building code requirement. Additionally, if a nonconforming structure incurs damage or destruction to 50% or more of the square footage of the structure, then it cannot be rebuilt. At this time, Staff is uncertain how this could affect a mortgage or property insurance. A variance cannot be granted to allow a nonconforming protected use to rebuild or expand, or the same variance option would have to be extended to all nonconforming uses. Therefore, Staff is not proposing any amendments to the gas well ordinance or the Denton Development Code to eliminate these nonconformities because over time the elimination of nonconformities is necessary to implement the vision, goals, and standards of the City’s Comprehensive Plan and Development Code. The goal in providing this information is merely to ensure Council is aware of the impacts that increasing the Reverse Setback will have on existing Protected Uses, primarily dwellings. Variance/Relief Options The 2015 gas well ordinance allowsan operator to seek relieffrom the Drilling and Production Site Setbacks in three ways: 1) Seeking waivers from 100% of the owners of Protected Uses and residential lots within the required setback, 2) Seeking a variance from the Zoning Board of Adjustment (ZBA), or 3) Seeking administrative relief by agreeing in writing to limit activity on another site within the same mineral lease. Through either of the first two options anoperator could get a reduction in setback down to the Minimum Setback of 250 feet. Administrative relief (option 3) could only reduce a required setback to half of the distance between the required setback and the Minimum Setback, either 625 feet or 375feet depending upon the required Drilling and Production Site Setback. In any case, the lowest a setback can be reducedto is the Minimum Setback of 250 feet. The 2015 ordinance placed both the Reverse Setback and the Minimum Setback at 250 feet, so there was no need to offer a variance when the Reverse was the same as the Minimum Setback. If the Reverse Setback is increased to 500 feet, it becomes necessary to offer the property owner who is developing aProtected Use the same ability to seek a variance down to as low as 250 feet as an Operator already has.As was noted above, variance and relief options would only be applicable to new development of Protected Uses, not to existing nonconforming Protected Uses.To accomplish this, staff proposes two processes: 1.Standard (Hardship) Variance Process First, staff recommends adding a provision to Section 6.2.6 of the 2019 Denton Development Code to allow the owner of a Protected Use or residential lot the ability to seek a variance from the ZBA that could reduce the Reverse Setback from 500 feet to the Minimum Setback of 250 feet. This would be the same process available to an Operator or to any other development in the City requiring a variance to a zoning regulation. The standard hardship criteria would apply, such as whetherthere are special circumstances on the property, whether there would be adverse impacts to the City or surrounding area, and whether the request is reasonable based on prevailing conditions in the area. In addition to these criteria, staff would propose two additional criteria: a.Theavailability of alternative site designs or subdivision layouts, and b.Compatibility with any existing Gas Well Development Site Plan or Gas Well Plat (to ensure access to the sites is not reduced or removed). Approval of a standard variance requires a ¾ vote (6 out of 7 members) of the ZBA, and all approval criteria must be met. This process would be available for any new development or redevelopment of a Protected Use. 2.New Variance/Relief Process for Sites Made 50% or More Undevelopable For unique situations in which the application of a 500 foot Reverse Setback either on its own or in combination with other DDC regulations would render 50% or more of a site undevelopable, Staff recommends a new variance or relief process. Other applicable regulations that may affect the developability of a site includefloodplain, Environmentally Sensitive Areas, dedication of easements and right-of-way, tree preservation, etc.In these situations there is a higher likelihood for an inverse condemnation or “taking” claim. It is unlikely that this situation would arisewith a new, large development, but it is likely to occur on smaller (5-10 acre sites) or infill sites. To remedy these situations, Staff has considered several optionsand is seeking Council’s direction as to which of these to include in the gas well ordinance update: a.Allow for administrative approval to reduce the 500 foot Reverse Setback down to 250 feet if the 50% threshold is met. b.Allow for a combination of administrative approval and ZBA approval. In this situation administrative approval could be allowed down to half of the difference between the required 500 foot setback and the minimum 250 foot setback (375 feet). If a reduction is needed beyond 375 feet, then the request would go to the ZBA for reduction down to 250 feet. c.Allow for ZBA approval to reduce the Reverse Setback from 500 feet down to 250 feet if no administrative approval is allowed. As noted above, any approval by the ZBA would require a ¾ vote of the Board. If a site did not meet the 50% threshold, then the owner or developer of the Protected Use would have to seek a standard (hardship) variance as described above. These variance options would not apply to nonconforming uses. PRIOR ACTION/REVIEW (Council, Boards, Commissions) DateCouncil, Board, CommissionRequestAction September 11, City CouncilWorkSessionN/A 2018Discussion July 16, 2019City CouncilWorkSessionDirected staff to begin Discussioncode update EXHIBITS 1.Agenda Information Sheet 2.Presentation Respectfully submitted: Richard Cannone, AICP DeputyDirector/Planning Director Prepared by: Hayley Zagurski Senior Planner City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-2029,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction on the FY2019-2020 City Council priorities as discussed during the August 17, 2019 City Council retreat. City of DentonPage 1 of 1Printed on 8/27/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM: Todd Hileman DATE: August 27, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction on the FY2019-2020 City Council priorities as discussed during the August 17, 2019 City Council retreat. BACKGROUND Each fiscal year, the Denton City Council conducts a retreat where priorities are established for the upcoming fiscal year. The City Council held their most recent annual retreat on Saturday, August 17, 2019 The City Council discussed several potential priorities during their retreat. The potential priorities discussed were written down on poster paper and each elected official was given eight dots to express support for specific priorities to adopt for Fiscal Year 2019-2020. The priorities listed below received the most support during the August 17 retreat. Priority Votes Received Update Sustainable Denton Plan 5 Complete Revision of Mobility Plan 5 City Hall West 5 Affordable Housing Strategy 5 Countywide Homelessness Strategy 3 Public Private Partnerships 3 Hunter Cole Ranch 3 Once adopted, the Fiscal Year 2019-2020 priorities will serve as the foundation for budget development and the primary staff focus for the upcoming fiscal year. Staff will develop meaningful and quantifiable metrics to track progress on adopted priorities and an online dashboard will be launched to track and report progress. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Draft Resolution Exhibit 3 Priority Topic Areas Considered Exhibit 4 Presentation Respectfully submitted: Rachel Wood Chief of Staff RESOLUTION NO. _ A RESOLUTION OF THE CITY OF DENTON ADOPTING THE 2019-2020 CITY COUNCIL PRIORITIES OF THE CITY OF DENTON FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2019, AND ENDING ON SEPTEMBER 30, 2020; AND PROVIDING AN EFFECTIVE DATE development and the primary focus for staff efforts each year; and WHEREAS, the City Council of the City of Denton, considers priorities for the upcoming fiscal year during its annual retreat; and WHEREAS, the City Council held their annual retreat on August 17, 2019, and discussed potential topics -2020 fiscal year; and WHEREAS the City Council now desires to fo 2019-2020 priorities to help ensure the City is focused on addressing the initiatives that matter most to Denton residents and the community; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council hereby adopts and incorporates the above referenced findings in this section. SECTION 2. The City Council hereby adopts the following City Council Fiscal Year 2019-2020 City Council priorities: Sustainable Denton Plan Denton Mobility Plan City Hall West Affordable Housing Strategy Countywide Homelessness Strategy Public Private Partnerships Hunter Cole Ranch ___________________________________ ___________________________________ SECTION 3. This resolution shall become effective immediately upon its passage and approval. The motion to approve this resolution was made by __________________________ and seconded by _________________________________, the resolution was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Mayor Chris Watts: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this the _________ day of ___________________, 2019. __________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: __________________________________ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1977,Version:1 AGENDA CAPTION Receiveareport,holdadiscussionandgivestaffdirectionregardingpollinglocationsfortheNovember5, 2019 Bond Election. City of DentonPage 1 of 1Printed on 8/23/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City ACM: Sarah Hensley DATE: August 27, 2019 SUBJECT Receive a report, hold a discussion and give staff direction regarding polling locations for the November 5, 2019 Bond Election. BACKGROUND On August 13, 2019, the Denton City Council adopted an ordinance calling the November 5, 2019 Bond Election. For previous bond elections, the City of Denton has used the polling locations designated by Denton County. Early Voting for the November 5, 2019 election will take place Monday-Friday October 21-26 from 8:00 a.m. to 5:00 p.m. and October 28-November 1 from 7:00 a.m. to 7:00 p.m. Polling locations on Election Day will be open from 7:00 a.m. to 7:00 p.m. The table below lists polling locations currently proposed by Denton County that are located within the Denton city limits. Exhibit 2 lists all proposed polling locations for Early Voting and Election Day. Please note that Denton County will not finalize the list of Early Voting and Election Day polling locations until September 10. Early Voting Address Denton County Elections Administration701 Kimberly Drive Denton Civic Center 321. E. McKinney Street. Robson Ranch Clubhouse 9428 Ed Robson Blvd. Election Day Denia Recreation Center 1001 Parvin Street Martin Luther King, Jr. Recreation Center1300 Wilson Street North Branch Library 3020 N. Locust Street North Lakes Recreation Center2001 W. Windsor Drive Robson Ranch Clubhouse9428 Ed Robson Blvd. Denton Civic Center 321 E. McKinney Street South Branch Library 3228 Teasley Lane UNT Gateway Center* 801 N. Texas Blvd. *As of August 22, Denton County is awaiting confirmation from UNT on use of the Gateway Center as an Election Day polling location proposed polling locations for Early Voting and/or Election Day. Entities wishing to add to Denton proposed polling locations may do so if they agree to bear the full cost of the additional polling location(s) and the location(s) meet County criteria to serve as a polling location. Entities wishing to add polling locations must finalize the list of proposed polling locations by September 10, 2019. FISCAL INFORMATION Each additional Election Day polling location is estimated to cost $3,800 and each additional Early Voting polling location will cost the City approximately $7,200. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Proposed Denton County Polling Locations Exhibit 3 Presentation Respectfully submitted: Rachel Wood Chief of Staff City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-2004,Version:1 AGENDA CAPTION Consultation with Attorneys - Under Texas Government Code Section 551.071 ConsultwithandprovidedirectiontoCity’sattorneysregardinglegalissuesandstrategiesassociatedwith changestoSubchapter6:GasWellsoftheDentonDevelopmentCoderelatedtoreversesetbacksand associateddefinitionsandappealprocedures;whereadiscussionoftheselegalmattersinanopenmeeting wouldconflictwiththedutyoftheCity’sattorneystotheCityofDentonCityCouncilundertheTexas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of DentonPage 1 of 1Printed on 8/23/2019 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-2062,Version:1 AGENDA CAPTION Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087; Consultation with Attorneys - Texas Government Code, Section 551.071. Receive a report and hold a discussion regarding the offer of a financial or other incentive to Rayzor Ranch. This discussion shall include commercial and financial information related to Rayzor Ranch, a business prospect which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations. Consultation with the City’s attorneys about legal matters related to economic development incentives to potentially be offered to Rayzor Ranch. A public discussion of these legal issues would conflict with the duty of the City’s attorneys to the City of Denton and its City Council under the Texas Disciplinary Rules of Professional Conduct. City of DentonPage 1 of 1Printed on 8/23/2019 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1693,Version:1 ConsiderapprovalofaresolutionoftheCityofDenton,evidencingnoobjectionfortheproposednew constructionofDentonGroveApartmentsinDentontoprovideaffordableandmarketraterentalhousing;and providing for an effective date. City of DentonPage 1 of 1Printed on 8/23/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Public Affairs and IGR - Community Development CM/ DCM/ ACM: Sara Hensley, Assistant City Manager DATE: August 27, 2019 SUBJECT Consider approval of a resolution of the City of Denton, evidencing no objection for the proposed new construction of Denton Grove Apartments in Denton to provide affordable and market rate rental housing; and providing for an effective date. BACKGROUND The Texas Department of Housing and Community Affairs (TDHCA) offers a Housing Tax Credit program as one of the primary means of directing private capital toward the development and preservation of affordable rental housing for low-income households. Typical projects include apartment complexes, rental townhomes, mixed-income and mixed-use properties, supportive housing for those with special needs, and independent living facilities for seniors. There are two types of Housing Tax Credit (HTC) programs available: a 4% (non-competitive) and a 9% (competitive) program. Both programs have unique features and rules; however, in general, current policy from the TDHCA for 9% includes a scoring item that developers receive resolutions of support or no objection from the municipality in which the project is located. For the 4% program, there are threshold documents requiring that developers receive resolutions of no objection from the municipality in which the project is located. The tax credits are awarded to eligible participants and provide a source of equity financing for the development of affordable housing. Investors in qualified affordable multifamily residential developments can use the HTCs as a dollar-for-dollar reduction of federal income tax liability. The value associated with the HTCs allows housing to be leased to qualified families at below market rate rents. The Non-Competitive (4%) Housing Tax Credit program is coupled with the Multifamily Bond Program when the bonds finance at least 50% of the cost of the land and buildings in the Development. To meet the City of Denton housing and development objectives, it is the City’s policy to analyze projects requesting support for proposed Housing Tax Credits (HTC). Such analysis will determine if the project(s) comply with the principles and policies found in the City’s Denton 2030 Plan, the 5-Year Consolidated Plan for Housing and Community Development, as well as various other master, strategic, and redevelopment or neighborhood plans, adopted by the City of Denton. The goal of this analysis is to (a) establish if HTC projects merit local support, and (b) prioritize HTC submissions if more than a single proposal is received during an evaluation period. The Community Development Division serves as the City’s primary staff and point of contact for all HTC programs. Developers seeking consideration by the City of Denton for either a Resolution of Support or a Resolution of No Objection, for an HTC from TDHCA may review the HTC Policy and must submit a request for support using the City Council approved HTC Application. DISCUSSION The City has received an application submitted to Community Development seeking a resolution of no objection for a 4% application to TDHCA. (Exhibit 2). The development will be financed with noncompetitive (4%) housing tax credits and taxexempt bonds, along with a HUD 221(d)(4) loan. Total costs of the development are approximately $57 million, which will be covered by an estimated $18.6 million in tax credit equity and $33.8 million in debt, with the remaining covered by deferred developer fee. PROJECT - Denton Grove Apartments Project Type: General, New Construction Location: Approximately 200 S Loop 288, the northwest corner of Loop 288 and Duchess Drive, Denton TX 76209 City Council District: 1 Developers:Pedcor Investments2019CLXXIII, L.P. Current Zoning: The property is zoned Community Mixed Use General (CM-G) District under the 2002 Denton Development Code (DDC). Multifamily Dwellings are allowed with a Specific Use Permit (SUP) or as part of Mixed Use Development. Per the 2019 DDC transition chart effective October 1, 2019, the property’s zoning will transition to Suburban Corridor (SC) District. Multifamily Dwellings are allowed with a SUP and must also comply with the Use-Specific Standards below: 1.Multifamily buildings shall comply with the design standards established in Section 7.10.4: Multifamily Site and Building Design (as a result of HB2439 those standards related to building materials will not be enforced). 2.Each individual dwelling unit shall have a minimum of 400 square feet of living space floor area. Following this item, the project will be required to go through the Development Review Process, submitting applications for a Site Plan, Preliminary and Final Plats, and Building Permits. The Developer has already submitted a SUP application to Development Services for this project. Once a review has been completed, Development Services Planning staff will bring a recommendation forward to the Planning and Zoning Commission and City Council for consideration. Tenant access to services: The site is just over a mile from the large commercial development at Spencer Road and Loop 288, providing access to several community amenities, including grocery stores, a pharmacy, restaurants, government offices, convenience stores, retail shops, banks, parks, and public schools. The proximity to these amenities provides not only needed services but opportunities for residents to work close to home. For those commuting, the site is located on a Denton County Transportation Authority (DCTA) bus route, with several stops within a half mile. Finally, it is just a half mile south of Serve Denton, an organization which houses several nonprofit organizations, providing a variety of resources for social services all in one place. Taxable Status of the Development: Denton Grove Apartments will pay all property taxes. Proposed Unit Breakdown: Total number of unitsavailable at affordable rental rates based on different levels of area median income (AMI). Denton Grove Apartments will a total of 276 units in this development (see chart below). They are proposing to have up to 100% of the units be listed at 60% of the area median income ($77,200). Experience: Pedcor Tax Credit Properties in Texas include 252 units at William Cannon Apartments in Austin TX, 332 units at Heights on Parmer (Phases I & II) in Austin TX 78753, 256 units at Tuckaway Apartments in Cedar Park, TX, 140 units at West Gate Ridge in Austin TX, 216 units at Fairway Landings at Plum Creek in Kyle, TX, 192 Oak Valley Apartments in San Antonio, TX, 108 units at Live Oak Apartments in Georgetown, TX. In addition to completed project listed above, Pedcor is constructing three more tax credit properties in Texas: Shadow Ridge in Round Rock, Trails at Leon Creek in San Antonio, and Residences of Long Branch in Rowlett. Further, Pedcor has tax credit awards for two more properties in San Antonio, which should be under construction by the third quarter 2019. On page 6 and 7 of the application, Pedcor include a list of more than 40 Tax Credit Properties developed in the last ten years outside of Texas. The resolution for Council consideration is attached (Exhibit 3). Please note that due to the proximity to other HTC projects, the developer is also requesting a resolution acknowledging that the proposed project is located in a census tract that has more than 20% Housing Tax Credit units per total households and that the proposed project is consistent with the jurisdiction’s obligation to affirmatively further fair housing. (Map) PUBLIC HEARING – August 20, 2019 A public hearing was held on August 20, 2019. During the public hearing, the City received one (1) citizen comment related to the high concentration of tax credit (affordable housing) apartments in the proximity to this proposed development. Comments also included a request for Council to consider awarding resolutions in support for developer housing tax credit applications when the projects include a mix of affordable and market rate units and consider the impact on streets due to increased traffic. The developer was present and responded to Council questions regarding the project included the unit mix, required affordability period, and long-term property management of the development. OPTIONS 1.Approve a Resolution of No Objection as presented. 2.Do Not Approve the Resolution of No Objection. EXHIBITS 1.Agenda Information Sheet 2.Denton Grove Apartments City of Denton HTC Application 3.Resolution of No Objection Respectfully submitted: Dani Shaw Community Development Manager Denton Property Taxable 06 19 2019 .xlsm City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1947,Version:1 AGENDA CAPTION Consider approval of the minutes of August 13, 2019. City of DentonPage 1 of 1Printed on 8/23/2019 powered by Legistar© CITY OF DENTON CITY COUNCIL MINUTES August 13, 2019 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, August 13, 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, 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 Mayor Watts announced Item 1.H (ID DCA19-0005) would not be presented at staff’s request. WORK SESSION 1. Citizen Comments on Consent Agenda Items None. 2. Requests for clarification of agenda items listed on this agenda. Consent Item 1.A (ID 19-1837) - As requested, staff provided clarification as to the recycling contract and cost comparison. (Briggs) 3. Work Session Reports A. ID 19-554 Receive a report, hold a discussion, and give staff direction regarding the Rayzor Ranch Public Improvement District No. 1. The presentation was made and discussion followed. Following discussion, staff was directed to prepare a presentation for a future meeting. The meeting was recessed for a short break at 12:37 p.m. and reconvened at 12:47 p.m. B.ID 19-549 Receive a report, hold a discussion and give staff direction regarding an internal audit of the Procurement Card (P-Card) Program in the Procurement Department and an Audit of the Procurement Department’s Programs and Controls. The presentation was made and discussion followed. Following discussion, there was no direction provided as the item was for reporting purposes only. City of Denton City Council Minutes August 13, 2019 Page 2 C.ID 19-1610 Receive a report, hold a discussion, and give staff direction regarding an internal audit of the City’s Utility Cuts Process. The presentation was made and discussion followed. Following discussion, there was no direction provided as the item was for reporting purposes only. D. ID 19-1753 Receive a report, hold a discussion, and give staff direction regarding public meeting video recording prioritization. The presentation was made and discussion followed. Following discussion, staff was directed to pursue Option Bwhich included recording the following meetings: Board of Ethics City Council (already recorded) Committee on Persons with Disabilities (added to Option B) Economic Development Partnership Board (already recorded) Mobility Committee (already recorded) Planning and Zoning Commission (already recorded) Public Utilities Board (already recorded) Zoning Board of Adjustment The meeting was recessed for a short break at 1:52 p.m. and reconvened at 1:59 p.m. E. ID 19-1873 Receive a report and hold a discussion and give staff direction on the proposed Water, Wastewater and Electric Rates for FY 2019-2020. The presentation was made and discussion followed. Following discussion, there was no direction provided as the item was only for presentation purposes in preparation for the FY 2019-20 Budget process. F. ID 19-1842 Receive a report, hold a discussion, and give staff direction regarding the FY 2019-20 City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. The presentation was made and discussion followed. Following discussion, 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 August 13, 2019 Page 3 G. ID 19-1918 Receive a report, hold a discussion, and give staff direction regarding the 2019 Bond Program. The presentation was made and discussion followed. Following discussion, the consensus was to increase contingency funds and provide an updated presentation at a future meeting, prior to ordering the election. The meeting was recessed for a short break at 3:23 p.m. and reconvened at 3:29 p.m. ITEM PULLED FROM PRESENTATION H. DCA19-0005 Receive a report, hold a discussion, and give staff direction regarding 2439 and 3167 House Bill draft ordinances and amendments to the 2019 Denton Development Code. NOT DISCUSSED As announced earlier in the meeting, the item was not presented at staff’s request. 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, August 13, 2019, at 3:55 p.m. in the Council Chambers 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 and City Attorney Aaron Leal 1. CONSENT AGENDA The consent agenda consisted of Items 4.A-E. No items were removed for individual consideration. Council Member Briggs moved to adopt the Consent Agenda as presented. Motion seconded by Council Member Meltzer. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None City of Denton City Council Minutes August 13, 2019 Page 4 A. ID 19-1837 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 Thelin Recycling Company, L.P. for Brush and Wood Grinding Services for the Beneficial Reuse Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7085 - awarded to Thelin Recycling Company, L.P., for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $1,150,000). ASSIGNED ORDINANCE NO. 19-1837 B.ID 19-1893 Consider adoption of an ordinance authorizing expenditure of an additional $100,000 in previously budgeted funds for outside counsel in the litigation styled "Michael Grim and Jim Maynard v. City of Denton, Texas," pending in the 68th Judicial District Court, Dallas, County, Texas; and declaring an effective date. ASSIGNED ORDINANCE NO. 19-1893 C.ID 19-1906 Consider approval of the minutes of August 1, 2019 and amendment of the minutes of April 23, 2019. D. ID 19-1916 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. ASSIGNED ORDINANCE NO. 19-1916 E. ID 19-1917 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, establishing responsibilities, policies, and guidelines for the Denton Police Department to conduct federal safety regulation inspections for the period of August 1, 2019 through August 1, 2021; and providing an effective date. ASSIGNED ORDINANCE NO. 19-1917 2. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 19-1839 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a third amendment to a Professional Services Agreement between the City of Denton and Hazen and Sawyer, P.C., amending the contract approved by City Council on July 21, 2015, in the not-to-exceed amount of $427,368, emended by Amendments 1-2 approved by City Council; said third amendment to provide additional design and construction administration services for Hickory Creek Basin Peak Flow Detention Facility, West Peak Flow Storage Basin and Peak Flow Pump Station, City of Denton City Council Minutes August 13, 2019 Page 5 and Hickory Creek Lift Station Reconstruction design; providing for the expenditure of funds therefor; and providing an effective date (File 5768 - providing for an additional third amendment expenditure amount not-to-exceed $470,449, with the total contract amount not- to-exceed $1,202,814). ASSIGNED ORDINANCE NO. 19-1839 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 (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None B.ID 19-1831 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, calling an election to be held on November 5, 2019, within said city on the question of the issuance of $221,519,000 in ad valorem tax supported public securities for streets, public safety, parks, and public art; making provision for the conduct of the election; and containing other provisions incidental thereto; and declaring an effective date. ASSIGNED ORDINANCE NO. 19-1831 The presentation was made and discussion followed. Mayor Pro Tem Hudspeth moved to approve the item as presented. Motion seconded by Council Member Ryan. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, and Meltzer NAYS (1): Armintor C.ID 19-1765 Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Board of Ethics, Committee on Persons with Disabilities, Health & Building Standards Commission, Historic Landmark Commission, Parks, Recreation & Beautification Board, Planning & Zoning Commission, Public Art Committee, Public Utilities Board, Traffic Safety Commission, and Zoning Board of Adjustment. Mayor Pro Tem Hudspeth moved to appoint the following as noted: City of Denton City Council Minutes August 13, 2019 Page 6 STATUS & QUALIFICATION BOARD/COMMITTEE/ COUNCIL NOMINATING MEMBER MEMBER NEW TERM OR PREFERENCE, COMMISSION PLACE CCM FIRST NAME LAST NAME IF ANY Reappointment September 1, 2019 Board of Ethics 2 Briggs Lara Tomlin through (Pref.: 1/Attorney\] August 30, 2021 Reappointment September 1, 2019 Board of Ethics 4 Ryan Charla Bradshaw through (Pref.: 1/Attorney\] August 30, 2021 New UNEXPIRED Committee on Persons September 1, 2018 (Qualif.: Dist. 3 3 Davis Joe Rivas with Disabilities through Resident\] August 30, 2020 UNEXPIRED September 1, 2017 through New Health & Building August 30, 2019 3 Davis Matthew Jendusa (Qualif.: 6/Other) & Standards Commission September 1, 2019 through August 30, 2021 New July 1, 2019 Health & Building 5 Armintor Torrey Mitchell through (Qualif.: 6/Other) Standards Commission June 30, 2021 Reappointment July 1, 2019 Health & Building 7 Watts Ginger Cain through (Qualif.: 4/Real Estate) Standards Commission June 30, 2021 Reappointment September 1, 2019 Historic Landmark (Qualif.: 3/Owner Real 3 Davis Mary Anderson through Commission P.) August 30, 2021 Reappointment September 1, 2019 Historic Landmark through 4 Ryan Roy Anderson (Qualif.: 5/Accountant) Commission August 30, 2021 New September 1, 2019 Historic Landmark (Qualif.: 3/Owner Real 5 Armintor Linnie McAdams through Commission P.) August 30, 2021 New September 1, 2019 Historic Landmark \[Qualif.: 2/DC Bar 6 Meltzer Evan Stone through Commission Assoc.) August 30, 2021 September 1, 2019 New Library Board 5 Armintor Myrna Orozco through August 30, 2021 September 1, 2019 New Parks, Recreation and through 1 Hudspeth Denona Lee Beautification Board August 30, 2021 September 1, 2019 Planning & Zoning New 1 Hudspeth Ronnie Anderson through Commission August 30, 2021 September 1, 2019 Reappointment Planning and Zoning 4 Ryan Andrew Rozell through Commission August 30, 2021 September 1, 2019 Reappointment Public Art Committee 1 Hudspeth Monet Franklin through August 30, 2021 City of Denton City Council Minutes August 13, 2019 Page 7 STATUS & QUALIFICATION BOARD/COMMITTEE/ COUNCIL NOMINATING MEMBER MEMBER NEW TERM OR PREFERENCE, COMMISSION PLACE CCM FIRST NAME LAST NAME IF ANY September 1, 2019 New Public Utilities Board 1 Hudspeth Charles Parker through August 30, 2023 UNEXPIRED September 1, 2016 New Public Utilities Board 3 Davis Russell Bafford through August 30, 2020 UNEXPIRED September 1, 2015 through New August 30, 2019 Public Utilities Board 7 Watts Barbara Russell & September 1, 2019 through August 30, 2023 UNEXPIRED September 1, 2015 through New August 30, 2019 Public Utilities Board 2 Briggs Ed Soph & September 1, 2019 through August 30, 2023 September 1, 2019 Traffic Safety Reappointment 4 Ryan Jim Owen through Commission August 30, 2021 September 1, 2019 Traffic Safety New 7 Watts Connie Baker through Commission August 30, 2021 September 1, 2019 Zoning Board of ALL-ALT. 1 New Armintor Princewill Njoku through Adjustment - Alternate \[5\] August 30, 2021 Motion seconded by Council Member Briggs. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None 3. 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. CLOSED MEETING 1. The City Council convened into a Closed Meeting at 4:05 p.m. consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law, as follows: City of Denton City Council Minutes August 13, 2019 Page 8 A. ID 19-1796 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 19-1892 Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from the City’s attorneys and discuss legal status, expenses and strategy in Cause No. DC-17-08139, styled "Michael Grim and Jim Maynard v. City of Denton, Texas" pending in the 68th Judicial District Court, Dallas County, Texas; where a discussion of these legal matters in an open meeting would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. DELIBERATED The Closed Meeting started at 4:16 p.m. and ended at 5:05 p.m. Item 1.A (ID 19-1796) was not deliberated. No votes or actions were taken during the Closed Meeting. With no further business, the meeting was adjourned at 5:05 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 19-1976,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionoftheCityofDentonadoptingthe2019-2020CityCouncilprioritiesofthe CityofDentonforthefiscalyearbeginningonOctober1,2019,andendingonSeptember30,2020;and providing an effective date. City of DentonPage 1 of 1Printed on 8/23/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM: Todd Hileman DATE: August 27, 2019 SUBJECT Consider approval of a resolution of the City of Denton adopting the 2019-2020 City Council priorities of the City of Denton for the fiscal year beginning on October 1, 2019, and ending on September 30, 2020; and providing an effective date. BACKGROUND Each fiscal year, the Denton City Council conducts a retreat where priorities are established for the upcoming fiscal year. The City Council held their most recent annual retreat on Saturday, August 17, 2019 at Texas Womans University. The City Council discussed several potential priorities during their retreat. The potential priorities discussed were written down on poster paper and each elected official was given eight dots to express support for specific priorities to adopt for Fiscal Year 2019-2020. The priorities listed below received the most support during the August 17 retreat. Priority Votes Received Update Sustainable Denton Plan 5 Complete Revision of Mobility Plan 5 City Hall West 5 Affordable Housing Strategy 5 Countywide Homelessness Strategy 3 Public Private Partnerships 3 Hunter Cole Ranch 3 Once adopted, the Fiscal Year 2019-2020 priorities will serve as the foundation for budget development and the primary staff focus for the upcoming fiscal year. Staff will develop meaningful and quantifiable metrics to track progress on adopted priorities and an online dashboard will be launched to track and report progress. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution Exhibit 3 Priority Topic Areas Considered Respectfully submitted: Rachel Wood Chief of Staff City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-2026,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDentonaddingsection2-30totheCodeoftheCityofDenton andadoptingproceduresformembersoftheCityCounciltosubmitinformationrequeststostaffandestablish consensusregardingtheuseofstafftimewhenrespondingtorequestsestimatedtotakegreaterthantwohours to complete; providing a severability clause; providing a savings clause; and providing an effective date. City of DentonPage 1 of 1Printed on 8/23/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM: Todd Hileman DATE: August 27, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton adding section 2-30 to the Code of the City of Denton and adopting procedures for members of the City Council to submit information requests to staff and establish consensus regarding the use of staff time when responding to requests estimated to take greater than two hours to complete; providing a severability clause; providing a savings clause; and providing an effective date. BACKGROUND on Saturday, August 17, 2019. A significant portion of the retreat discussion focused on the types of City Council requests for information. Requests types include service requests, requests for clarification, and policy research. During the retreat discussion, both staff and the City Council agreed that regular service requests for things such as infrastructure maintenance or construction concerns would continue to be responded to by staff via email, in keeping with the current process. Staff and the City Council also agreed that the process for elected officials to seek clarification on City Council, Board, Commission, or Committee agendas would remain unchanged. A new set of procedures was developed during the August 17 retreat to ensure there is a consensus of the City Council regarding the use of staff time when responding to requests from elected officials anticipated to take more than two hours to complete. The procedures agreed upon include the following: All information requests should include the following details: o Request Type, o Purpose, o Time Sensitivity, and o Preferred Response Format. Office will estimate the amount of time required to respond to each request. Requests estimated to take more than two hours to complete will be brought forward within the next 30 days to a City Council work session to seek consensus from the full City Council regarding the use of staff time to fulfill the request. A standing work session item will be added to each City Council agenda for City Council requests to be considered. o The requesting elected official will be required to provide a clear, written explanation describing the reason for their requested research or work session. This description will be included as an attachment to the work session agenda materials. During the work session, the requesting elected official will have up to one minute to describe and justify their request. o Remaining elected officials will then have up to one minute to provide feedback and indicate their support for the use of staff time to respond to the request. Staff will respond to all requests where a consensus of at least four elected officials is established. Responses will be provided in the requested format including Informal Staff Reports, Legal Status Reports, City Council work session topics, or ordinances and resolutions to be considered on future City Council agendas. Once adopted, the first work session to review Council requests will take place at the September 10 City Council meeting. On September 10, staff will review the list of remaining requests that predate the new process and potentially other requests made since the August 17 retreat to determine which items require further action from staff. Once adopted, the first work session to review Council requests will take place at the September 10 City Council meeting. On September 10, staff will review the list of remaining requests that predate the new process and potentially other requests made since the August 17 retreat to determine which items require further action from staff. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Respectfully submitted: Rachel Wood Chief of Staff City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1955,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionoftheCityofDentonallowingtheCampusTheatreConcessions,LLCtosell alcoholicbeveragesattheXCWWrestlingShow,onFriday,September13,2019,from7:00p.m.to10:00p.m., attheDentonCivicCenter,uponsatisfyingcertainconditions;authorizingtheCityManager,orhisdesignee,to execute an agreement in conformity with this resolution; and providing for an effective date. City of DentonPage 1 of 1Printed on 8/23/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney St. Denton, Texas www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation ACM: Sara Hensley, Assistant City Manager DATE: August 27, 2019 SUBJECT Consider approval of a resolution of the City of Denton allowing the Campus Theatre Concessions, LLC to sell alcoholic beverages at the XCW Wrestling Show, on Friday, September 13, 2019, from 7:00 p.m. to 10:00 p.m., at the Denton Civic Center, upon satisfying certain conditions; authorizing the City Manager, or his designee, to execute an agreement in conformity with this resolution; and providing for an effective date. BACKGROUND The XCW Wrestling Show is organized and promoted locally by Nite Davis, owner of XCW Wrestling. The show is a family-friendly ticketed event that serves to raise money for the Koan School, a local nonprofit private school for students in kindergarten through grade 12. This event will be held at Denton Civic Center on Friday, September 13, 2019, from 7:00 p.m. to 10:00 p.m. This high-energy public event will feature a Meet and Greet with XCW Wrestlers including some of the best talent in Texas. Event organizers anticipate 300 in attendance. The Campus Theatre Concessions, LLC is requesting permission to sell alcoholic beverages at Denton Civic Center for the XCW Wrestling Show. The Campus Theatre Concessions, LLC will be responsible for obtaining the temporary license and permit required to sell alcoholic beverages at Denton Civic Center and will provide Liquor (Dramshop) Liability Insurance in the amount of $1,000,000 per occurrence. Event organizer Nite Davis will be responsible for providing police security at the event and will provide Comprehensive General Liability Insurance in the amount of $1,000,000 per occurrence. Both respective parties have signed an Agreement with the City (Exhibit 2) to indemnify the City of Denton against any liability incident(s) pending approval of the request. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW N/A FISCAL N/A EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution and Agreement Respectfully submitted: Gary Packan Director, Parks and Recreation Prepared by: Maria Denison Marketing Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-2040,Version:1 AGENDA CAPTION Consider approval of a resolution of the City of Denton allowing the Denton Black Chamber of Commerce to sell alcoholic beverages at the Denton Blues Festival, on Friday, September 20, 2019, from 11:00 a.m. to 11:00 p.m., Saturday, September 21, 2019, from 11:00 a.m. to 11:00 p.m., and Sunday, September 22, 2019, from 10:00 a.m. to 10:00 p.m., at the Quakertown Park, upon satisfying certain conditions; authorizing the City Manager, or his designee, to execute an agreement in conformity with this resolution; and providing for an effective date. City of DentonPage 1 of 1Printed on 8/23/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney St. Denton, Texas www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation ACM: Sara Hensley, Assistant City Manager DATE: August 27, 2019 SUBJECT Consider approval of a resolution of the City of Denton allowing the Denton Black Chamber of Commerce to sell alcoholic beverages at the Denton Blues Festival, on Friday, September 20, 2019, from 11:00 a.m. to 11:00 p.m., Saturday, September 21, 2019, from 11:00 a.m. to 11:00 p.m., and Sunday, September 22, 2019, from 10:00 a.m. to 10:00 p.m., at the Quakertown Park, upon satisfying certain conditions; authorizing the City Manager, or his designee, to execute an agreement in conformity with this resolution; and providing for an effective date. BACKGROUND st The 21 Annual Denton Blues Festival is organized by the Denton Black Chamber of Commerce, a nonprofit 501(c)3 organization, that serves to preserve the blues and further the reputation of Denton as a music entertainment destination. This event will be held at Quakertown Park on Friday, September 20, from 11 a.m. to 11 p.m., Saturday, September 21, from noon to 11 p.m., and Sunday, September 22, 2019, from 10 a.m. to 10 p.m. This free festival includes live music and performances, karaoke, children's activities, arts and crafts, and 20 booths. Event organizers anticipate 10,000 in attendance. The Denton Black Chamber of Commerce is requesting permission to sell beer and wine for the Denton Blues Festival. The Denton Black Chamber of Commerce will be responsible for rental of the booth space, obtaining the temporary license for selling alcohol, securing the temporary permit for selling alcohol, and providing comprehensive liability insurance in the amount of $1,000,000. In addition, the Denton Black Chamber of Commerce agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Denton Blues Festival. The Denton Blues Festival will have police security at the event. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On Aug. 8, 2018, the Parks, Recreation and Beautification Board recommended approval 4-0 for the Denton Black Chamber of Commerce to sell alcoholic beverages; and on Aug. 21, 2018, the City Council approved to allow the Denton Black Chamber of Commerce to sell alcoholic beverages at the Denton Blues Festival under resolution 18-1280. On April 1, 2019, the Parks, Recreation and Beautification Board recommended approval (7-0) allowing the Denton Black Chamber of Commerce to sell alcoholic beverages for the Denton Blues Festival. FISCAL N/A EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution and Agreement Respectfully submitted: Gary Packan Director, Parks and Recreation Prepared by: Jennifer Eusse Special Events Supervisor City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1877,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of various (i) permanent sanitary sewer easements, and (ii) temporary construction easements generally located along South Bonnie Brae Street near the intersection of Vintage Boulevard and US 377 (Fort Worth Drive) and near the intersection of Corbin Road and Interstate Highway 35 West and being situated in the William Roark Survey, Abstract No. 1087, the S.A. Pritchett Survey, Abstract 1004, and the William Sajvis Survey, Abstract No. 1174, all in the County of Denton, Texas, and being more particularly described in the attached Exhibit “A” (the “Property Interests”); authorizing the City Manager and City Attorney, or their respective designees, to acquire the Property Interests by agreement if possible, including making all offers required by law; authorizing the use of the power of eminent domain to condemn the Property Interests 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 an effective date. City of DentonPage 1 of 1Printed on 8/21/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET AGENDA DATE: August 27, 2019 DEPARTMENT: Capital Projects ACM: Mario Canizares ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of (i) various permanent sanitary sewer easements, and (ii) temporary construction easements generally located along South Bonnie Brae Street near the intersection of Vintage Boulevard and US 377 (Fort Worth Drive) and near the intersection of Corbin Road and Interstate Highway 35 West and being situated in the William Roark Survey, Abstract No. 1087, the S. A. Pritchett Survey, Abstract 1004, and the William Sajvis Survey, Abstract No. 1174, all in the County Of Denton, Texas, and being more particularly described in the attached EAProperty ICity Manager and City Attorney, or their respective designees, to acquire the property interests by agreement if possible including making all offers required by law; authorizing the use of the power of eminent domain to condemn the property interests 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 an effective date. BACKGROUND The Hickory Creek Sanitary Sewer Interceptor Phases I and II projects include the installation of 48-inch to 32-inch diameter pipe to accommodate growth in the area it will be serving. Initial offers have been made in compliance with Texas Property Code 21.0111. Approval of the subject ordinance authorizes staff to acquire the land rights necessary by negotiation or by way 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. PRIOR ACTION/REVIEW (Council, Boards, Commissions) PUB - August 26, 2019 FISCAL INFORMATION The Hickory Creek Sanitary Sewer Interceptor Phases I and II projects are funded by the Wastewater Bond Fund, the J. D. Edwards account numbers are 640300545 for Phase I and 640301545 for Phase II. EXHIBITS 1. Agenda Information Sheet 2. Ordinance 3. Location Map 4. Site Map 5. Recommended Motion Respectfully submitted, Tracy Beck Project Manager Prepared by, Ed Cropp, Senior Real Estate Analyst MOTION City Council Agenda Item ID 19-1877 (Hickory Creek Sanitary Sewer Interceptor Phases I and II Projects) , after having made the offers required by state law, use the power of eminent domain, if needed, to acquire various permanent sanitary sewer easements and temporary construction easements generally located along South Bonnie Brae Street, near the intersection of Vintage Boulevard and U.S. 377 (Fort Worth Drive) and near the intersection of Corbin Road and Interstate Highway 35 West and being situated in the William Roark Survey, Abstract No. 1087, the S. A. Pritchett Survey, Abstract 1004, and the William Sajvis Survey, Abstract 1174, Denton County, Texas, and being more particularly described in 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 construction, operation, and maintenance of the municipal sanitary sewer system improvements necessary for the Hickory Creek Sanitary Sewer Interceptor Phase I and II Projects, projects to serve the public and citizens of the City of Denton, Texas. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1767,Version:1 AGENDA CAPTION Considernominations/appointmentstotheCity’sBoards,Commissions,andCommittees:PublicArt Committee and Zoning Board of Adjustment. City of DentonPage 1 of 1Printed on 8/23/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:City Manager’s Office ACM: Sara Hensley DATE: August 27, 2019 SUBJECT Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Public Art Committee 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-notedBoards, Commissions, and Committeesfor 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 received to date as the vetting is still in progress for some or (re)nominations have not been received. EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Nominations Sheet Respectfully submitted: Rosa Rios City Secretary City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1907,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionoftheCityofDentondeterminingthecostsofcertainauthorized improvementstobereimbursedbytheRayzorRanchPublicImprovementDistrictNo.1;approvinga PreliminaryServiceandAssessmentPlan,includingproposedassessmentrolls;callingandproviding noticeofapublichearingonSeptember17,2019,toconsideranordinancelevyingassessmentson propertylocatedwithintheRayzorRanchPublicImprovementDistrictNo.1;directingthefilingofthe proposedassessmentrollswiththeCitySecretarytomakeavailableforpublicinspection;directingcity stafftopublishandmailnoticeofsaidpublichearing;andresolvingothermattersincidentandrelated thereto. City of DentonPage 1 of 1Printed on 8/23/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Economic Development CFO: Antonio Puente, Jr. DATE: August 27, 2019 SUBJECT Consider approval of a resolution of the City of Denton determining the costs of certain authorized improvements to be reimbursed by the Rayzor Ranch Public Improvement District No. 1; approving a Preliminary Service and Assessment Plan, including proposed assessment rolls; calling and providing notice of a public hearing on September 17, 2019, to consider an ordinance levying assessments on property located within the Rayzor Ranch Public Improvement District No. 1; directing the filing of the proposed assessment rolls with the City Secretary to make available for public inspection; directing city staff to publish and mail notice of said public hearing; and resolving other matters incident and related thereto. BACKGROUND On May 13, 2014, the City Council adopted Resolution 2014-022, which created a Public Improvement District (PID) for the south side of the Rayzor Ranch development. A PID is a defined area where public improvements may be financed or reimbursed through the use of special assessments levied on properties within PID. The funds from the assessment can be used to maintain those improvements. These assessments are paid by the property owners within the PID, not the City. A memorandum of understanding regarding the Rayzor Ranch PID was approved by the Denton City Council in May 2014 (Ordinance 2014-144). The MOU established the financing criteria and limitations for the PID. The Rayzor Ranch PID includes approximately 230 acres located in the southeast quadrant of the intersection of West University Drive (U.S. Highway 380) and Interstate Highway 35. Allegiance Hillview, L.P., DB Denton II, LLC, and Fidelis Realty Partners own the majority of the property, with the exception of the individual tenant owners including: Wal--fil-A, Whataburger, In-and- Go, Chase Bank, IHOP, and the Villages at Rayzor Ranch multi-family development. The property in the PID is being developed for commercial/retail and multi-family uses comparable in quality to the Rayzor Ranch Marketplace north of West University Drive. To levy assessments within the PID, the City Council will need to consider approval of a service and assessment plan, a reimbursement/financing agreement, and an assessment ordinance. Preliminary Service and Assessment Plan A service and assessment plan (SAP) is required for PIDs in order to levy assessments. The SAP establishes the annual assessments to pay for the improvements and administrative costs and how assessments will be allocated to the subject properties. The SAP must be reviewed and updated annually. A Preliminary SAP for the Rayzor Ranch PID was submitted to the City in November 2018. To review the SAP, an interdepartmental team of Economic Development, Engineering, Legal, and Finance have worked together. Additionally, staff enlisted the services of 30 Three Sixty Public Finance to conduct a peer review. In addition, staff has worked with Legal and bond counsel to review the SAP and recommend changes to make the SAP consistent with the MOU and staff recommendations. Staff presented an overview of the Rayzor Ranch PID Service and Assessment Plan on Aug. 13, 2019. Following that presentation, staff worked with the developers to finalize the Preliminary SAP, and the attached Preliminary SAP has incorporated the requested changes and comments provided by the City or consultants. As part of the Preliminary SAP, the City Council will: Make a determination that the only improvements eligible for reimbursement through the PID are the Phase 1 Heritage Trail and utility improvements and the Phase 3 East improvements as described in the SAP. o PID eligible public improvements in the Improvement Area No. 1 cost $8,214,600, and the amount to be reimbursed by the PID is $8,100,000. o Non-PID eligible public improvements made by the developer in Improvement Area No. 1 cost $6,579,150. o The total public improvements made in Improvement Area No. 1 cost $14,793,810. Make a determination that assessed properties in Improvement Area No. 1 receive a direct and special benefit from the Improvement Area No. 1 public improvements. Allocate the actual costs of the public improvements in Improvement Area No. 1 based on the special benefits conferred on each Parcel. Make a determination regarding the assessment methodology. Consider the service plan for the annual collections of assessments. Accept the preliminary assessment roll. The final determination and approval of the costs of the Improvement Area No. 1 public improvements and assessments is subject to and contingent upon City Council approval of a final Service and Assessment Plan which will include final assessment rolls, after a properly noticed and held public hearing. Next Steps and Assessments In order to levy assessments and begin collections to reimburse the developer, the City Council will need to approve the Preliminary SAP including a proposed assessment roll, call and hold a public hearing on the proposed assessment roll, approve a final service and assessment plan, and then levy the special assessments against the properties within the PID. Following approval of the Preliminary SAP, staff will fulfill the notice requirements for the public hearing and the public hearing, assessment ordinance, and reimbursement agreement will be on the September 17 agenda. OPTIONS 1. Approve the Preliminary Service and Assessment Plan as drafted. 2. Make changes to the Preliminary Service and Assessment Plan. 3. Do not approve the Preliminary Service and Assessment Plan. RECOMMENDATION Staff recommends approval of the Preliminary Service and Assessment Plan. EXHIBITS 1. Agenda Information Sheet 2. Resolution 3. Preliminary Service and Assessment Plan 4. Memo with responses to questions at Aug. 13 Work Session 5. Presentation Respectfully submitted: Jessica Rogers Director of Economic Development Rayzor Ranch Public Improvement District No. 1 Preliminary Service and Assessment Plan August 22, 2019 1 Section I INTRODUCTION AND DEFINED TERMS A. Introduction Terms used in this Rayzor Ranch Public Improvement District No. 1 Preliminary Service and Assessment Plan that have their initial letter capitalized shall have the meanings given to them in Section I.B unless the context in which a capitalized term is used clearly requires a different meaning. All references to a "Section" or an "Exhibit," an "Appendix," or a "Table" shall mean and refer to a Section of this SAP or to an Exhibit, Appendix, or Table included in or attached to and made a part of this SAP. The Act governs the creation of public improvement districts in Texas. Pursuant to the Act, Allegiance Hillview, L.P. and DB Denton II, LLC submitted to the City the Petition requesting the creation of the PID covering the Property to finance the Actual Costs of Authorized Public Improvements that confer a special benefit on the Property. Pursuant to the Act and the Petition, the City Council passed and approved Resolution No R2014- 012 accepting the Petition and calling a public hearing on the creation of the PID to be held on May 6, 2014. Pursuant to the Act, the Petition, and Resolution No. R2014-012, the City Council held a public hearing on May 6, 2014, to consider the creation of the PID covering the Property. Pursuant to the Act, the Petition, and Resolution No. R2014-012 the City Council passed and approved the Creation Resolution that created the PID covering the Property to finance the Actual Costs of Authorized Public Improvements that confer a special benefit on the Property. Pursuant to the Act, the City published notice of the Creation Resolution. This SAP is prepared pursuant to the Act. The Act requires that a service plan cover a period of five years and define the annual indebtedness and the projected costs for improvements. The Act also requires this SAP to be reviewed and updated annually for the purpose of determining the annual budget for the improvements . The service plan for the PID is described in Section V. The Developer has determined that only Improvement Area No. 1 will be developed initially. Accordingly, this SAP focuses on the Improvement Area No. 1 Public Improvements that confer a special benefit only on Improvement Area No. 1. The schedule for and extent of the development of future improvement areas within the remainder of the Property have not been determined. If and when such future improvement areas are developed, this SAP will be updated by the City Council to include the future improvement area public improvements that confer a special benefit on future improvement areas, including the related special assessments that apportion the actual 2 costs of the future improvement area public improvements to the respective future improvement areas. The City and the Developer entered into that certain Amended and Restated Rayzor Ranch Public Improvement District No. 1 Reimbursement Agreement for Phases 1 & 3 East, dated __________, approved by Ordinance No. 19-_______ dated , pursuant to which the City agreed to reimburse DB Denton II, LLC with special assessments, if levied, for the as defined in said Amended Reimbursement Agreement (not to exceed $32,000,000.00), plus interest, for the "Phase 1 Heritage Trail Improvements," "Phase 1 Public Utilities," Improvements described in Exhibit B through Exhibit G of said Amended Reimbursement Agreement and also described in Appendix C, Exhibit B through Exhibit J of this SAP. The Assessment Roll for Improvement Area No. 1 is attached as Appendix A and is described in Section VII. The Special Assessments for the Parcels shown on Appendix A are based on the method for establishing the Special Assessments described in Sections IV and VI. B. Defined Terms means Chapter 372 of the Texas Local Government Code, as amended. Actual Costsmeans, with respect to the Improvement Area No. 1 Public Improvements, the demonstrated, reasonable, allocable, and allowable Eligible Public Improvement costs of construction as specified in a payment request in a form that has been reviewed and approved by the City. Actual Costs include: (i) the costs incurred for design, planning, financing, administration/management, acquisition, installation, construction and/or implementation, (ii) the costs incurred in preparing construction plans, (iii) the fees paid for obtaining permits, licenses or other governmental approvals (iv) a construction management fee of 4.0% of the costs incurred for construction if the Developer is serving as the construction manager but not the general contractor, (v) the costs incurred for external professional costs, such as engineering, geotechnical, surveying, land planning, architectural landscapers, appraisals, legal, and accounting and similar professional services, (vi) all labor, materials, including equipment and fixtures, by contractors, builders and materialmen in connection with acquisition, construction or implementation, and (vii) all permitting, zoning and public approval expenses, architectural, engineering, and consulting fees, financing charges, taxes, governmental fees and charges, insurance premiums, and miscellaneous expenses relating to the Eligible Public Improvements. Administrative Expensesmeans the administrative, organization, maintenance and operation costs and expenses associated with, or incident to, the administration, organization, maintenance and operation of the PID, including, but not limited to, the costs of: (i) legal counsel, the Administrator, engineers, accountants, financial advisors, investment bankers or other consultants and advisors; (ii) creating and organizing the PID and preparing the Assessment Roll; (iii) computing, levying, collecting and transmitting the Special Assessments or the Annual Installments thereof; (iv) maintaining the record of Annual Installments, payments and reallocations and/or cancellations of the Special Assessments; (v) investing or depositing the Special Assessments or other monies; and (vii) administering the construction 3 of the Improvement Area No. 1 Public Improvements. Administrative Expenses collected and not encumbered or expended shall be carried forward and applied to reduce Administrative Expenses in subsequent years to avoid excess collection. means an employee of the City or third party designee of the City who shall have the responsibilities provided for herein or in any other applicable agreement approved by the City Council. Installments means, with respect to Assessed Property, each annual payment of: (i) the Special Assessment (including principal and interest), as shown on the Assessment Roll, and calculated as provided in Section VI and (ii) Administrative Expenses. is defined in Section V. Assessed PropertyLots or Parcels other than Non-Benefited Property. Assessment OrdinanceCity Council levying Special Assessments. Assessment Roll the Assessment Roll for Parcels as shown on Appendix A and any amendment or supplement to this SAP, including any Annual Service Plan Update. Authorized Public Improvements means the Eligible Public Improvements authorized by the Petition and the Creation Resolution and described in Section III.B. means the City of Denton, Texas. City Council CountyDenton County, Texas. "Creation Resolution" means Resolution No. R2014-022 passed and approved by the City Council on May 13, 2014, creating the PID. mean interest, penalties and expenses incurred or imposed with respect to any delinquent Special Assessment or Annual Installment in accordance with the Act and the costs related to pursuing collection of a delinquent Special Assessment or Annual Installment " means DB Denton II LLC, a Delaware Limited Liability Corporation and RR Town Center Associates, LLC, a Texas Limited Liability Company. "Eligible Public Improvements" means those public improvements that may be undertaken by the City in accordance with the Act, which public improvements are described in Section III.A. 4 Future Improvement Areasnot located within Improvement Area No. 1 and included within the metes and bounds in Appendix B to this SAP. Improvement Area No. 1is defined in Section II.B. "Improvement Area No. 1 Public Improvements" are defined in Section III.C. "Improvement Area No. 1 Revenue Fund" means the fund created by the City that is segregated from all other funds of the City and into which the City shall deposit or cause to be deposited all revenue collected from the payment of Special Assessments and Annual Installments. means: (i) for any portion of Improvement Area No. 1 for which a subdivision plat has Lot such subdivision plat; and (ii) for any portion of Improvement Area No. 1 for which a subdivision plat has not been recorded in the Official Public Records of the County, a tract of land anticipated Lotinal recorded subdivision plat. - means Owner Association Property, Public Property, and Parcels that receive no special benefit from the Improvement Area No. 1 Public Improvements as determined by the City Council. Non-Benefited Property at the time Special Assessments are levied or reallocated pursuant to a subdivision of a Parcel is not assessed. Assessed Property converted to Non-Benefited Property, if the Special Assessments may not be reallocated pursuant to Section VI.C, remains subject to the Special Assessments and requires the Special Assessments to be prepaid as provided in Section VI.D. Non-Benefitted Property may include, but is not limited to, Parcels with the following tax ID numbers: 698440, 698441, 698442, 724359, 701978, and 724361. means property within Improvement Area No. 1 that is owned by or irrevocably offered for dedication to, whether in fee simple or through an easement or license, all owners within Improvement Area No. 1. "Parcel" means property within Improvement Area No. 1 that is identified as a Lot or by a tax map identification number assigned by the Denton County Appraisal District for real property tax purposes, by a metes and bounds description, or by any other means determined by the City. means the petition dated March 25, 2014 and signed by Allegiance Hillview, L.P. and DB Denton II, LLC requesting the creation of Rayzor Ranch Public Improvement District No. 1 covering the Property. "PID" means the Rayzor Ranch Public Improvement District No. 1 created by the Creation Resolution. "Prepayment Costs" mean all costs and expenses permitted by the Act and paid or incurred by the City in connection with the prepayment, in whole or in part, of any Special Assessment. 5 "Property" is defined in Section II.A. means real property, right of way, and easements within Improvement Area No. 1 that are owned by or irrevocably offered for dedication to the federal government, the State of Texas, the County, the City, a school district, a public utility provider, or any other political subdivision or public agency, whether in fee simple or through an easement. (including a public utility easement) or a license. means this Rayzor Ranch Public Improvement District No. 1 Service and Assessment Plan, as amended, supplemented or updated from time to time by the City Council. means an assessment levied against a Lot or Parcel pursuant to an Assessment Ordinance as shown on the Assessment Roll, subject to reallocation as provided in this SAP. 6 Section II PROPERTY IN THE PID A. The Property The PID includes the "Property" consisting of approximately 229.693 acres located within the corporate limits of the City. The Property is described by metes and bounds on Appendix B and depicted by the map in Table II-A. B. Improvement Area No. 1 The Property will be developed in phases, the first of which is referred to as "Improvement Area No. 1" consisting of approximately 118.7 acres within the area bounded by Interstate Highway I- 35W, West University Drive/US 380, Heritage Trail, and Scripture Street and contained within the platted lots described and identified on Appendix A and depicted by the map in Table II-A. Improvement Area No. 1 is zoned for multi-family and commercial uses. C. Property Included in Future Improvement Areas As Future Improvement Areas are developed, this SAP will be updated, as part of Annual Service Plan Updates, to include such areas. The issuance of bonds are not contemplated for Future Improvement Areas. 7 TABLE II-A Public Improvement District Boundaries 8 Section III IMPROVEMENT AREA NO. 1 PUBLIC IMPROVEMENTS A. Eligible Public Improvements Section 372.003 of the Act identifies "Eligible Public Improvements" that the City may undertake with the establishment of the PID. The Eligible Public Improvements include the following: (i) landscaping; (ii) erection of fountains, distinctive lighting, and signs; (iii) acquiring, constructing, improving, widening, narrowing, closing, or rerouting of sidewalks or of streets, any other roadways, or their rights-of way; (iv) construction or improvement of pedestrian malls; (v) acquisition and installment of pieces of art; (vi) acquisition, construction or improvement of libraries; (vii) acquisition, construction or improvement of off-street parking facilities; (viii) acquisition, construction or improvement or rerouting of mass transportation facilities; (ix) acquisition, construction or improvement of water, wastewater, or drainage facilities or improvements; (x) the establishment or improvement of parks; (xi) projects similar to those listed in Sections (i)-(x) above; (xii) acquisition, by purchase or otherwise, of real property in connection with an Eligible Public Improvement; (xiii) special supplemental services for improvement and promotion of the PID, including services relating to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development recreation and cultural enhancement; (xiv) payment of expenses incurred in the establishment, administration and operation of the PID; and (xv) the development, rehabilitation, or expansion of affordable housing. B. Authorized Public Improvements. The City has determined that of the Eligible Public Improvements, the City will only undertake the following "Authorized Public Improvements": Arterial, collector and local street improvements including, but not limited to, grading, drainage channels and structures, storm drains, retention basins, paving, curb and gutter, sidewalks, medians, landscaping, street lights, traffic signals, sewer lines, utility lines and appurtenances, irrigation lines and facilities, signing and striping, dust control and erosion 9 protection, any necessary transitions, tapers and temporary improvements to existing roadways and facilities, and other associated improvements; Interstate Highway I-35 frontage roads and associated entry/exit ramp reversal improvements including, but not limited to, grading, drainage channels and structures, storm drains, retention basins, paving, curb and gutter, sidewalks, medians, landscaping, street lights, traffic signals, sewer lines, utility lines and appurtenances, irrigation lines and facilities, signing and striping, dust control and erosion protection, any necessary transitions, tapers and temporary improvements to existing roadways and facilities, and other associated improvements; Sanitary sewer line improvements from the main collector and arterial roadways through the Property to serve individual Parcels; Water line improvements from the main collector and arterial roadways through the Property to serve individual Parcels; and, Storm water improvements. C. Description of Improvement Area No. 1 Public Improvements The City has determined that of the Authorized Public Improvements, the City will only undertake at this time the "Improvement Area No. 1 Public Improvements" described in this Section and Table III and depicted in Appendix C. The Actual Costs of the Improvement Area No. 1 Public Improvements as well as the non-PID funded Public Imrpovements being paid for by the Developer are also shown in Table III, which Actual Costs may be revised through Annual Service Plan Updates. The Special Assessments will only fund Improvement Area No. 1 Public Improvements that confer a special benefit on Improvement Area No. 1 Assessed Property. The Improvement Area No. 1 Public Improvements confer a special benefit only upon the Assessed Property in Improvement Area No. 1, except for the water line which has a proportional benefit to Improvement Area No. 1 as presented in Table IV-A. The Actual Costs of Improvement Area No. 1 Public Improvements will be funded from Special Assessments and from funds contributed by the Developer. The Improvement Area No. 1 Public Improvements to be funded with Special Assessments are described as follows: Phase 1 Heritage Trail Non-Water Improvements: o Road Impovements Phase 1 Heritage Trail Improvements and related professional services: Heritage Trail Boulevard as a secondary arterial 4-lane divided street from U.S. Highway 380 (University Drive) to Linden Street, a distance of approximately 2,400 feet (the foregoing public improvements are depicted on Appendix C, Exhibits B-D. 10 o Sanitary Sewer Improvements and Storm Drainage Improvements Phase 1 Public Utilities and related professional services: water, sewer, and storm water public utilities as depicted on Appendix C, Exhibits E-G. Phase 1 Heritage Trail Water Improvements: o Phase 1 Heritage Trail Improvements and related professional services: a water main loop from U.S. Highway 380 (University Drive) at the north end connection along Heritage Trail and future Panhandle Street to Bonnie Brae Street at the east end connection (the foregoing public improvements are depicted on Appendix C, Exhibits E-G. The City has prepared and the Developer has confirmed allocations of the total Water Distribution System Improvements such that the PID will only be funding those costs which directly benefit Improvement Area No. 1. These allocations are presented on Table IV-A. Phase 3 East Improvments: o Phase 3 East Infrastucture and related professional services: (1) Heritage Trail Boulevard as a secondary arterial 4-lane divided street from Ph 2 limits to Panhandle Street a distance of approximately 800 feet; and (2) Panhandle Street as a collector street from Heritage Trail to Phase 3 West Limits a distance of approximately 1,110 feet (the foregoing public streets are depicted on Appendix C, Exhibits H-J. 11 Table III Improvement Area No. 1 Public Improvements DescriptionTotal PID-Funded Public Improvements: Phase 1 Heritage Trail Non-Water Improvements$ 4,675,642 Phase 1 Heritage Trail Water Improvements$ 575,525 Phase 3 East Improvements$ 2,963,493 Total Improvement Area No. 1 Public Improvements$ 8,214,660 Non-PID Funded Public Improvements: Phase 2 Improvements$ 3,615,657 Phase 3 West Improvements$ 2,963,493 Total Non-PID Funded Public Improvements$ 6,579,150 Total Public Improvements$ 14,793,810 Source: RED Development Note: The figures shown in Table III may be revised in the Annual Service Plan Updates and may be reallocated between line items so long as the total Improvement Area No. 1 Public Improvements amount is not exceeded. 12 Section IV ASSESSMENT PLAN A. Introduction The Act requires the City Council apportion the Actual Costs of the Improvement Area No. 1 Public Improvements based on the special benefits conferred on each Parcel by the Improvement Area No. 1 Public Improvements. The Act provides that the Actual Costs may be apportioned: (i) equally per square foot; (ii) according to the value of the property as determined by the governing body, with or without regard to improvements on the property; or (iii) in any other manner that results in imposing equal shares of the cost on property similarly benefited. The Act further provides that the City Council may establish the method of assessing the special benefits for various classes of public improvements. Table IV-A shows the allocation of Actual Costs of the Improvement Area No. 1 Public Improvements to the Assessed Property. This Section IV: (i) describes the special benefit conferred on each Parcel within Improvement Area No. 1 as a result of the Improvement Area No. 1 Public Improvements; (ii) provides the basis and justification for the determination that this special benefit exceeds the amount of the Special Assessments; and (iii) explains the methodology by which the City Council allocates and reallocates the special benefit among the Parcels so that an equal share of the Actual Costs is apportioned to Parcels similarly benefited. The determination by the City Council of the assessment methodology is the result of the discretionary exercise by the City Council of its legislative authority and governmental powers and is conclusive and binding on the Developer and all future owners and developers of any Assessed Property. B. Special Benefit The Assessed Property in Improvement Area No. 1 receives a direct and special benefit from the Improvement Area No. 1 Public Improvements, which is equal to or greater than the amount of the Special Assessments levied in Improvement Area No. 1. The Improvement Area No. 1 Public Improvements confer a special benefit only upon the Assessed Property in Improvement Area No. 1, except for the water line which has a proportional benefit to Improvement Area No. 1 as presented in Table IV-A. The owners of the Parcels in Improvement Area No. 1 have acknowledged that the Improvement Area No. 1 Public Improvements confer a special benefit on the Assessed Property in Improvement Area No. 1 and have consented to the imposition of the Special Assessments to pay for the Actual Costs of the Improvement Area No. 1 Public Improvements. All owners have consented to and approved: (i) the determinations and findings by the City Council as to the special benefits for Improvement Area No. 1 described herein and the Assessment Ordinance for Improvement Area No. 1; (ii) this SAP and the Assessment Ordinance, and (iii) the levying of Special Assessments on the Assessed Property in Improvement Area No. 1. 13 The City Council has determined that funding the Actual Costs for the Improvement Area No. 1 Public Improvements through the PID is beneficial to the City. Accordingly, the Improvement Area No. 1 Public Improvements confer a special benefit on the Assessed Property in Improvement Area No. 1, and such special benefit exceeds the amount of the Special Assessments levied against such Assessed Property as shown in Table VII. This conclusion is supported by the evidence, information, and testimony provided to the City Council. C. Allocation of Actual Costs of Improvement Area No. 1 Public Improvements The Improvement Area No. 1 Public Improvements confer a special benefit only on Improvement Area No. 1. The City Council has determined that the Improvement Area No. 1 Public Improvements do not confer a special benefit on future improvement areas because the Developer would be required to design and construct the Improvement Area No. 1 Public Improvements to serve Improvement Area No. 1 regardless of whether any future improvement areas are subsequently developed and that the Improvement Area No. 1 Public Improvements are required to provide ingress and egress and necessary water, sewer, and storm water management to serve the development of Improvement Area No. 1. The Improvement Area No. 1 Public Improvements confer a special benefit only upon the Assessed Property in Improvement Area No. 1, except for the water line which has a proportional benefit to Improvement Area No. 1 as presented in Table IV-A. The costs shown on Table IV-A are subject to revision through Annual Service Plan Updates. Table IV-A Allocation of Improvement Area No. 1 Public Improvements to Assessed Property % Allocated to Allocated to Improvement Improvement Authorized ImprovementsTotal CostArea #1Area #1 Phase 1 Heritage Trail Non-Water Improvements$ 4,675,642 100.0%$ 4,675,642 Phase 1 Heritage Trail Water Improvements$ 675,74685.2%$ 575,525 Phase 3 East Improvements$ 2,963,493 100.0%$ 2,963,493 Total Improvement Area No. 1 Public Improvements$ 8,314,881 $ 8,214,660 D. Special Assessment Methodology The City Council may assess against the Assessed Property in Improvement Area No. 1 all or a portion of the Actual Costs so long as the special benefit conferred upon the Assessed Property in Improvement Area No. 1 by the Improvement Area No. 1 Public Improvements equals or exceeds the amount of the Special Assessments. All or a portion of the Actual Costs may be assessed using any methodology that results in the imposition of equal shares of the Actual Costs on Assessed Property similarly benefited. The Assessed Property within Improvement Area No. 1 consists of a variety of land uses which will be developed at different times within the term of the Special Assessments. Also, as is consistent with property with the expected land uses, it can be expected that the values of such 14 Assessed Property within Improvement Area No. 1 may vary over the term of the Special Assessments. Accordingly, the City Council has determined that the most equitable method of allocating Actual Costs and the Special Assessment would be to do so as specifically outlined in the Act by allocating Special Assessments on a per square foot of land basis as shown on the final plat of each Lot. The Actual Costs for Improvement Area No. 1 Public Improvements shall be allocated to the Assessed Property in Improvement Area No. 1 by spreading the entire Special Assessment for Improvement Area No. 1 over all Lots and Parcels shown on the Assessment Roll for Improvement Area No. 1 and depicted on Appendix C based on the ratio of the square footage of each Lot to the square footage for all Parcels as shown on Table IV-B The City Council has determined, as shown in Table VII, that the benefit to the Assessed Property in Improvement Area No. 1 from the Improvement Area No. 1 Public Improvements is at least equal to the Special Assessments levied against the Assessed Property in Improvement Area No. 1. 15 Table IV-B Assessment Allocation Average Percent of Total Annual ParcelTax Parcel IDLot #Square FeetTotalAssessmentInstallment A6754551R 65,6881.3%$ 102,869 $ 7,773 B6605892R 73,8341.4%$ 115,626 $ 8,737 C6605903R 59,2851.1%$ 92,842$ 7,016 D6605914 109,3362.1%$ 171,223 $ 12,939 E6605925R 65,9931.3%$ 103,347 $ 7,809 F6605936R 61,4201.2%$ 96,186$ 7,268 G6605947R 74,7931.4%$ 117,128 $ 8,851 H6754568R 402,8437.8%$ 630,864 $ 47,671 I6992629R-1 476,8519.2%$ 746,763 $ 56,429 J74951421 134,9922.6%$ 211,402 $ 15,975 K72435818 77,0581.5%$ 120,675 $ 9,119 L72435717 161,7823.1%$ 253,355 $ 19,145 M69574211R 520,58610.1%$ 815,253 $ 61,605 N70197715 145,3602.8%$ 227,638 $ 17,202 O70197614 45,0850.9%$ 70,604$ 5,335 P70197513 49,3101.0%$ 77,221$ 5,835 Q74448123R 43,5600.8%$ 68,216$ 5,155 R74448224R 48,9180.9%$ 76,607$ 5,789 S71181325 67,6921.3%$ 106,008 $ 8,011 T71181410R-2 2,363,78345.7%$ 3,701,755$ 279,724 U74951320R 124,1462.4%$ 194,416 $ 14,691 Total 5,172,315100.0%$ 8,100,000$ 612,079 (A) Estimated Total Assessed Value at Buildout$ 251,692,269(B) Equivalent Tax Rate per $100 of Assessed Value$ 0.24(C) = A/B x 100 Estimates based on information available as of x/xx/xxxx (dates to be set by the date of the final approval of the SAP), the date this SAP was adopted by the City Council. Although the actual unit counts and buildout values may vary from the estimates shown above, the initial assessment allocation for each Land Use will not change unless modified in an Annual Service Plan Update approved by the City Council, subject to the terms of this SAP, the PID Act, and any other documents associated with Special Assessments. Although the Project's entitlements provide for the possible construction of additional Parcels, the Owners anticipate the actual development will be as presented above. 16 E. Special Assessments and Annual Installments Special Assessments for Improvement Area No. 1 will be levied against each Lot or Parcel shown on the Assessment Roll for Improvement Area No. 1. Annual Installments of Special Assessments will be collected on the dates and in the amounts shown in the Assessment Ordinance for Improvement Area No. 1, subject to revisions made with Annual Service Plan Updates. F. Administrative Expenses The Administrative Expenses, including collecting Annual Installments, shall be paid on a pro rata basis for each Lot or Parcel based on the amount of the outstanding Special Assessment remaining against the Lot or Parcel. Administrative Expenses shall be collected as part of and in the same manner as Annual Installments in the amounts shown on the Assessment Roll, subject to revisions made with Annual Service Plan Updates. 17 Section V SERVICE PLAN The Act requires the Service Plan: (i) cover a period of at least five years; and (ii) define the annual projected costs and indebtedness for the Improvement Area No. 1 Public Improvements undertaken during the five-year period. The Actual Costs to design and construct the Improvement Area No. 1 Public Improvements are $14,793,810 as shown in Table V-A. The Service Plan shall be reviewed and updated at least annually for purposes of determining the annual budget for Administrative Expenses, updating the costs to design and construct the Improvement Area No. 1 Public Improvements, and updating the Assessment Roll. Any update to this SAP is referred to Table V-A summarizes the funds required to design and construct the Improvement Area No. 1 Public Improvements. Table V-A shall be updated each year in the Annual Service Plan Update to reflect any revisions to the Actual Costs. Table V-A Sources and Uses of Funds Sources of Funds Special Assessment$ 8,100,000 Owner Contribution 6,693,810 $ 14,793,810 Uses of Funds Total Public Improvements$ 14,793,810 The projected Annual Installments for the first five years after the approval of this SAP are shown on Table V-B. Annual Installments are subject to revision with each Annual Service Plan Update. 18 Table V-B Projected Annual Installments Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 103,578 $ 474,695 $ 25,000$ 603,273 2021$ 110,052 $ 468,221 $ 25,500$ 603,773 2022$ 116,930 $ 461,343 $ 26,010$ 604,283 2023$ 124,238 $ 454,035 $ 26,530$ 604,803 2024$ 132,003 $ 446,270 $ 27,061$ 605,333 Total$ 586,801 $ 2,304,562$ 130,101 $ 3,021,464 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 19 Section VI TERMS OF THE SPECIAL ASSESSMENTS A. Special Assessments and Annual Installments within Improvement Area No. 1 Special Assessments and Annual Installments for Parcels within Improvement Area No. 1are shown on the Assessment Roll for Improvement Area No. 1. The Special Assessments and Annual Installments shall not be changed except as authorized by this SAP, Annual Service Plan Updates, and the Act. Annual Installments include Administrative Expenses. B. Special Assessments and Annual Installments Within Future Improvement Areas When and if Future Improvement Areas are developed within the Property, this SAP will be updated: (i) to identify the Future Improvement Area Eligible Public Improvements that confer a special benefit on the Future Improvement Areas; (ii) to determine the Actual Costs of the Future Improvement Area Eligible Public Improvements; and (iii) to determine the Special Assessments and Annual Installments for parcels within the Future Improvement Areas. Special Assessments levied against parcels in Future Improvement Areas shall not exceed the benefit conferred on such parcels by the Future Improvement Area Eligible Public Improvements. C. Reallocation of Special Assessments Within Improvement Area No 1 1. Upon Division Prior to Recording a Subdivision Plat Upon the division of any Assessed Property in Improvement Area No. 1 without the recording of a subdivision plat the Administrator shall reallocate the Special Assessment for the Assessed Property prior to the division among the newly divided Assessed Property according to the following formula: A = B x (C ÷ D) A = the Special Assessment for the new divided Assessed Property B = the Special Assessment for the Assessed Property prior to division C = the estimated square footage of the new divided Assessed Property D = the estimated square footage of the Assessed Property prior to division Prior to the division of any Assessed Property without the recording of subdivision plat the Developer shall provide the City with the square footage for the new divided Assessed Property as of the date of the division. The reallocation of the Special Assessment shall be calculated by the Administrator and approved by the City Council. The calculation, as approved by the City Council, shall be conclusive. The reallocation shall not require notice (other than open meeting) or a public hearing (as defined in the Act). 20 The sum of the Special Assessments for all newly divided Assessed Properties shall equal the Special Assessment for the Assessed Property prior to division. The reallocation calculation shall be made separately for each newly divided Assessed Property. Any reallocation pursuant to this Section VI.C.1 shall be reflected in an update to this SAP approved by the City Council. 2. Upon Division by a Recorded Subdivision Plat Upon the division of any Assessed Property in Improvement Area No. 1 based on a recorded subdivision plat the Administrator shall reallocate the Special Assessment for the Assessed Property prior to the division among the new divided Assessed Property according to the following formula: A = B x (C ÷ D) Where the terms have the following meanings: A = the Special Assessment for the new divided Assessed Property B = the Special Assessment for the Assessed Property prior to division C = the estimated square footage of the new divided Assessed Property D = the estimated square footage of the Assessed Property prior to division Prior to the division of any Assessed Property, the Developer shall provide the City with the estimated square footage for the new divided Assessed Property as of the date of the division. The reallocation of the Special Assessment shall be calculated by the Administrator and approved by the City Council. The calculation as approved by the City Council shall be conclusive. The reallocation shall not require notice (other than Open Meeting) or public hearing (as defined in the Act). The sum of the Special Assessments for all newly divided Assessed Properties shall equal the Special Assessment for the Assessed Property prior to division. The reallocation calculation shall be made separately for each newly divided Assessed Property. Any reallocation pursuant to this Section VI.C.2 shall be reflected in an update to this SAP approved by the City Council. 3. Upon Consolidation Upon the consolidation of two or more Assessed Properties in Improvement Area No. 1, the Special Assessment for the consolidated Assessed Property shall be the sum of the Special Assessments for the Assessed Properties prior to consolidation. The consolidation of Special Assessments involving an Assessed Property that is a homestead under Texas law may not exceed the Special Assessment prior to the consolidation. Any consolidation pursuant to this Section VI.C.3 shall be calculated by the Administrator and reflected in an update to this SAP approved 21 by the City Council. The consolidation shall not require notice (other than Open Meeting) or a public hearing (as defined in the Act). D. Mandatory Prepayments If Assessed Property or any portion thereof is transferred to a party that is exempt from the payment of the Special Assessment, or if an owner causes Assessed Property or any portion thereof to become Non-Benefited Property, the owner of such Assessed Property or portion thereof shall pay to the City the full amount of the Special Assessment plus all Prepayment Costs, prior to any such transfer or act. E. Reduction of Special Assessments If, after all Improvement Area No. 1 Public Improvements have been completed, the Actual Costs of the Improvement Area No. 1 Public Improvements are less than the Actual Costs used to calculate the Special Assessments, then the City will reduce the Special Assessments levied against the Assessed Property in Improvement Area No. 1 pro rata such that the sum of the resulting reduced Special Assessments for all Assessed Properties equals the reduced Actual Costs. F. Payment of Special Assessments 1. Payment of Special Assessments in Full or in Part (a) The Special Assessment for any Parcel may be paid in full at any time in accordance with the Act. The payment shall include Prepayment Costs, if any. (b) If an Annual Installment has been billed prior to and is unpaid at the time of payment in full of a Special Assessment, the Annual Installment shall be due and payable and shall be credited against the payment-in-full amount upon payment. (c) Upon payment in full of a Special Assessment, including billed but unpaid Annual Installments and all Prepayment Costs, the City shall deposit the payments in the Improvement Area No. 1 Revenue Fund; whereupon, the Special Assessment for the Parcel shall be reduced to zero, and the Parcel owners obligation to pay the Special Assessment and future Annual Installments thereof shall automatically terminate. The City shall provide the owner of the affected Assessed Property a Special Assessment Termination. (d) At the option of a Parcel owner, the Special Assessment on any Parcel may be paid in part plus all Prepayment Costs. Upon payment of such amounts, the Special Assessment for the Parcel shall be reduced by the amount of such partial payment, the Assessment Roll shall be updated to reflect such partial payment, and the obligation to pay the future Annual Installment for such Parcel shall be reduced to the extent the partial payment is made. 22 2. Payment of Annual Installments The Act provides that a Special Assessment for a Lot or Parcel may be paid in full at any time. If not paid in full, the Act authorizes the City to collect interest and collection costs on the outstanding Special Assessment. A Special Assessment for a Lot or Parcel that is not paid in full will be collected in Annual Installments each year in the amounts shown in the Assessment Roll, which includes Administrative Expenses and interest on the outstanding Special Assessment. Pursuant to Section 372.018 of the Act, a Special Assessment bears interest at the rate specified by the governing body of the municipality beginning at the time or times or on the occurrence of one or more events specified by the governing body. The City Council has determined that the Special Assessments shall be paid in Annual Installments over a thirty (30) year period, as shown in the Assessment Roll for Improvement Area No. 1, with an interest rate not to exceed five hundred basis points above the highest average index rate for tax-exempt bonds reported in a daily or weekly bond index approved by the City Council and reported in the month prior to the establishment of the Special Assessments and continuing for a period of five years from such date. Such rate shall then adjust and shall not exceed two hundred basis points above the bond index rate described above and shall continue until the Special Assessments are paid in full. The index approved by the City Council is the S&P Municipal Bond High Yield Index for which the yield to maturity on August 15, 2019 was 4.81 percent (4.81%). Outstanding Special Assessments shall bear interest of 6.25% per annum for the initial five years after the date of the levy , and 5.83% per annum thereafter. The Annual Installments as listed on the Assessment Roll have been calculated using an interest rate of 6.25% for the initial five years and 5.83% thereafter. The Annual Installments may not exceed the amounts shown on the Assessment Roll except pursuant to any Annual Service Plan Update. Annual Installments shall include the actual Administrative Expenses, taking into consideration any other available funds such as interest income on account balances. G. Collection of Annual Installments The Administrator shall, no less frequently than annually, prepare and submit to the City for its approval, an Annual Service Plan Update to allow for the billing and collection of Annual Installments. Each Annual Service Plan Update shall include an updated Assessment Roll and a calculation of the Annual Installment for each Assessed Property. Administrative Expenses shall be allocated among Assessed Properties in proportion to the amount of the Special Assessments for the Assessed Property. Annual Installments shall be reduced by any credits such as interest earnings on any account balances and any deposits of Prepayment Costs. Annual Installments may be collected by the City (or such entity to whom the City directs) in the same manner and at the same time as ad valorem taxes. Annual Installments shall be subject to the penalties, procedures, and foreclosure sale in case of delinquencies as set forth in the Act. The City may provide for other means of collecting the Annual Installments to the extent permitted under the Act. Special Assessments shall have lien priority as specified in the Act. All payments of Annual Installments, excluding the Administrative Expense, shall be deposited into the Improvement Area No. 1 Revenue Fund. 23 Any sale of Assessed Property for nonpayment of delinquent Annual Installments shall be subject to the lien established for the remaining unpaid Annual Installments against such Assessed Property, and such Assessed Property may again be sold at a judicial foreclosure sale if the purchaser thereof fails to make timely payment of the non-delinquent Annual Installments against such Assessed Property as they become due and payable. Each Annual Installment, including the interest on the unpaid amount of a Special Assessment, shall be determined annually. Each Annual Installment together with interest thereon shall be delinquent if not paid prior to February 1 of the following year. 24 Section VII ASSESMENT ROLL A. Assessment Roll The City Council has evaluated each Lot or Parcel (based on numerous factors such as the zoning of the Parcel, whether the Parcel is Owner Association Property, whether the Parcel is Public Property, whether the Improvement Area No. 1 Public Improvements confer a special benefit on the Parcel, and other factors deemed relevant by the City Council) to determine the Assessed Property in Improvement Area No. 1. Assessed Property in Improvement Area No. 1 will be assessed based on the special benefit conferred upon the Assessed Property by the Improvement Area No. 1 Public Improvements. Table VII summarizes the $8,214,660 in special benefit received by the Assessed Property from the Improvement Area No. 1 Public Improvements. The expected amount of the planned Special Assessments is $8,100,000, which is less than the benefit received by the Assessed Property. Accordingly, the total Special Assessment to be applied to all Assessed Property is $8,100,000 plus annual Administrative Expenses. The Special Assessment for each Assessed Property is calculated based on the allocation methodology described in Section IV-D. The Assessment Roll is attached as Appendix A. Table VII Special Benefit Summary Total Public Improvements $ 8,214,660 Total Special Benefit$ 8,214,660 Total Special Assessments$ 8,100,000 Excess Benefit$ 114,660 (a) See Table III for details. B. Assessment Roll Annual Updates The Administrator shall prepare, and shall submit to the City for approval, updates to the Assessment Roll and the Annual Service Plan Update to reflect changes such as: (i) the identification of each Lot or Parcel; (ii) the Special Assessment for each Assessed Property, including any adjustments authorized by this SAP or the Act; (iii) the Annual Installment for the Assessed Property for the year (if the Special Assessment is payable in installments); and (iv) payments of the Special Assessment, if any, as provided by Section VI.G. 25 Section VIII ADDITIONAL PROVISIONS A. Administrator Review The City may elect to designate a third party to serve as Administrator. The City shall notify the Developer in writing upon appointing an Administrator. To the extent consistent with the Act, if an owner of the Assessed Property claims that a calculation error has been made in the Assessment Roll, including the calculation of the Annual Installment, that owner must send a written notice describing the error to the Administrator no later than thirty (30) days after the date the invoice or other bill for the Annual Installment is received. If the owner fails to give such notice, such owners shall be deemed to have accepted the calculation of the Assessment Roll (including the Annual Installments) and to have waived any objection to the calculation. The Administrator shall promptly review the notice, and if necessary, meet with the Assessed Property owner, consider written and oral evidence regarding the alleged error, and decide whether, in fact, such a calculation error occurred. If the Administrator determines that a calculation error has been made and the Assessment Roll should be modified or changed in favor of the Assessed Property owner, such change or modification shall be presented to the City for approval, to the extent permitted by the Act. A cash refund may not be made for any amount previously paid by the Assessed Property owner (except for the final year during which the Annual Assessment shall be collected), but an adjustment may be made in the amount of the Annual Installment to be paid in the following year. The decision of the Administrator regarding a calculation error relating to the Assessment Roll may be appealed to the City Council for determination. Any amendments made to the Assessment Roll pursuant to calculation errors shall be made pursuant to the Act. B. Termination of Special Assessments Each Special Assessment shall terminate on the date the Special Assessment is paid in full, including payment of any unpaid Annual Installments, Prepayment Costs and Delinquent Collection Costs, if any. After the termination of the Special Assessment, and the collection of any delinquent Annual Installments, Prepayment Costs and Delinquent Collection Costs, the City shall provide the owner C. Amendments Amendments to this SAP can only be made as permitted or required by the Act. D. Administration The City Council shall administer (or cause the administration of) the PID, this SAP, and all Annual Service Plan Updates consistent with the Act. 26 E. Severability If any provision, section, subsection, sentence, clause or phrase of this SAP, or the application of same to Assessed Property or any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this SAP or the application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this SAP that no part thereof, or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other part hereof, and all provisions of this SAP are declared to be severable for that purpose. If any provision of this SAP is determined by a court to be unenforceable, the unenforceable provision shall be deleted from this SAP and the unenforceable provision shall, to the extent possible, be rewritten to be enforceable and to give effect to the intent of the City. 27 Appendix A Assessment Roll 28 Appendix A Projected Annual Installments Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 103,578$ 474,695$ 25,000 $ 603,273 2021$ 110,052$ 468,221$ 25,500 $ 603,773 2022$ 116,930$ 461,343$ 26,010 $ 604,283 2023$ 124,238$ 454,035$ 26,530 $ 604,803 2024$ 132,003$ 446,270$ 27,061 $ 605,333 2025$ 140,253$ 438,020$ 27,602 $ 605,875 2026$ 148,430$ 429,843$ 28,154 $ 606,427 2027$ 157,083$ 421,189$ 28,717 $ 606,989 2028$ 166,241$ 412,031$ 29,291 $ 607,564 2029$ 175,933$ 402,339$ 29,877 $ 608,150 2030$ 186,190$ 392,083$ 30,475 $ 608,747 2031$ 197,045$ 381,228$ 31,084 $ 609,357 2032$ 208,533$ 369,740$ 31,706 $ 609,979 2033$ 220,690$ 357,583$ 32,340 $ 610,613 2034$ 233,557$ 344,716$ 32,987 $ 611,260 2035$ 247,173$ 331,100$ 33,647 $ 611,920 2036$ 261,583$ 316,690$ 34,320 $ 612,592 2037$ 276,833$ 301,439$ 35,006 $ 613,278 2038$ 292,973$ 285,300$ 35,706 $ 613,979 2039$ 310,053$ 268,220$ 36,420 $ 614,693 2040$ 328,129$ 250,144$ 37,149 $ 615,421 2041$ 347,259$ 231,014$ 37,892 $ 616,164 2042$ 367,504$ 210,769$ 38,649 $ 616,922 2043$ 388,930$ 189,343$ 39,422 $ 617,696 2044$ 411,604$ 166,668$ 40,211 $ 618,483 2045$ 435,601$ 142,672$ 41,015 $ 619,288 2046$ 460,996$ 117,276$ 41,835 $ 620,108 2047$ 487,873$ 90,400 $ 42,672 $ 620,945 2048$ 516,316$ 61,957 $ 43,526 $ 621,799 2049$ 546,417$ 31,856 $ 44,396 $ 622,669 Total$ 8,100,000$ 9,248,183$ 1,014,202$ 18,362,384 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 29 Appendix A Projected Annual Installments- Parcel A/675455 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 1,315$ 6,029$ 317$ 7,662 2021$ 1,398$ 5,946$ 324$ 7,668 2022$ 1,485$ 5,859$ 330$ 7,674 2023$ 1,578$ 5,766$ 337$ 7,681 2024$ 1,676$ 5,668$ 344$ 7,688 2025$ 1,781$ 5,563$ 351$ 7,695 2026$ 1,885$ 5,459$ 358$ 7,702 2027$ 1,995$ 5,349$ 365$ 7,709 2028$ 2,111$ 5,233$ 372$ 7,716 2029$ 2,234$ 5,110$ 379$ 7,723 2030$ 2,365$ 4,979$ 387$ 7,731 2031$ 2,502$ 4,842$ 395$ 7,739 2032$ 2,648$ 4,696$ 403$ 7,747 2033$ 2,803$ 4,541$ 411$ 7,755 2034$ 2,966$ 4,378$ 419$ 7,763 2035$ 3,139$ 4,205$ 427$ 7,771 2036$ 3,322$ 4,022$ 436$ 7,780 2037$ 3,516$ 3,828$ 445$ 7,789 2038$ 3,721$ 3,623$ 453$ 7,797 2039$ 3,938$ 3,406$ 463$ 7,807 2040$ 4,167$ 3,177$ 472$ 7,816 2041$ 4,410$ 2,934$ 481$ 7,825 2042$ 4,667$ 2,677$ 491$ 7,835 2043$ 4,939$ 2,405$ 501$ 7,845 2044$ 5,227$ 2,117$ 511$ 7,855 2045$ 5,532$ 1,812$ 521$ 7,865 2046$ 5,855$ 1,489$ 531$ 7,875 2047$ 6,196$ 1,148$ 542$ 7,886 2048$ 6,557$ 787$ 553$ 7,897 2049$ 6,939$ 405$ 564$ 7,908 Total$ 102,869$ 117,451$ 12,880$ 233,201 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 30 Appendix A Projected Annual Installments- Parcel B/660589 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 1,479$ 6,776$ 357$ 8,612 2021$ 1,571$ 6,684$ 364$ 8,619 2022$ 1,669$ 6,586$ 371$ 8,626 2023$ 1,773$ 6,481$ 379$ 8,633 2024$ 1,884$ 6,370$ 386$ 8,641 2025$ 2,002$ 6,253$ 394$ 8,649 2026$ 2,119$ 6,136$ 402$ 8,657 2027$ 2,242$ 6,012$ 410$ 8,665 2028$ 2,373$ 5,882$ 418$ 8,673 2029$ 2,511$ 5,743$ 426$ 8,681 2030$ 2,658$ 5,597$ 435$ 8,690 2031$ 2,813$ 5,442$ 444$ 8,698 2032$ 2,977$ 5,278$ 453$ 8,707 2033$ 3,150$ 5,104$ 462$ 8,716 2034$ 3,334$ 4,921$ 471$ 8,726 2035$ 3,528$ 4,726$ 480$ 8,735 2036$ 3,734$ 4,521$ 490$ 8,745 2037$ 3,952$ 4,303$ 500$ 8,754 2038$ 4,182$ 4,073$ 510$ 8,764 2039$ 4,426$ 3,829$ 520$ 8,775 2040$ 4,684$ 3,571$ 530$ 8,785 2041$ 4,957$ 3,298$ 541$ 8,796 2042$ 5,246$ 3,009$ 552$ 8,806 2043$ 5,552$ 2,703$ 563$ 8,818 2044$ 5,876$ 2,379$ 574$ 8,829 2045$ 6,218$ 2,037$ 585$ 8,840 2046$ 6,581$ 1,674$ 597$ 8,852 2047$ 6,964$ 1,290$ 609$ 8,864 2048$ 7,370$ 884$ 621$ 8,876 2049$ 7,800$ 455$ 634$ 8,889 Total$ 115,626$ 132,016$ 14,478$ 262,120 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 31 Appendix A Projected Annual Installments- Parcel C/660590 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 1,187$ 5,441$ 287$ 6,915 2021$ 1,261$ 5,367$ 292$ 6,920 2022$ 1,340$ 5,288$ 298$ 6,926 2023$ 1,424$ 5,204$ 304$ 6,932 2024$ 1,513$ 5,115$ 310$ 6,938 2025$ 1,608$ 5,021$ 316$ 6,945 2026$ 1,701$ 4,927$ 323$ 6,951 2027$ 1,800$ 4,828$ 329$ 6,957 2028$ 1,905$ 4,723$ 336$ 6,964 2029$ 2,017$ 4,612$ 342$ 6,971 2030$ 2,134$ 4,494$ 349$ 6,977 2031$ 2,259$ 4,370$ 356$ 6,984 2032$ 2,390$ 4,238$ 363$ 6,992 2033$ 2,530$ 4,099$ 371$ 6,999 2034$ 2,677$ 3,951$ 378$ 7,006 2035$ 2,833$ 3,795$ 386$ 7,014 2036$ 2,998$ 3,630$ 393$ 7,022 2037$ 3,173$ 3,455$ 401$ 7,029 2038$ 3,358$ 3,270$ 409$ 7,037 2039$ 3,554$ 3,074$ 417$ 7,046 2040$ 3,761$ 2,867$ 426$ 7,054 2041$ 3,980$ 2,648$ 434$ 7,062 2042$ 4,212$ 2,416$ 443$ 7,071 2043$ 4,458$ 2,170$ 452$ 7,080 2044$ 4,718$ 1,910$ 461$ 7,089 2045$ 4,993$ 1,635$ 470$ 7,098 2046$ 5,284$ 1,344$ 480$ 7,108 2047$ 5,592$ 1,036$ 489$ 7,117 2048$ 5,918$ 710$ 499$ 7,127 2049$ 6,263$ 365$ 509$ 7,137 Total$ 92,842 $ 106,003$ 11,625$ 210,469 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 32 Appendix A Projected Annual Installments- Parcel D/660591 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 2,190$ 10,034 $ 528$ 12,752 2021$ 2,326$ 9,898$ 539$ 12,763 2022$ 2,472$ 9,752$ 550$ 12,774 2023$ 2,626$ 9,598$ 561$ 12,785 2024$ 2,790$ 9,434$ 572$ 12,796 2025$ 2,965$ 9,259$ 583$ 12,807 2026$ 3,138$ 9,086$ 595$ 12,819 2027$ 3,321$ 8,903$ 607$ 12,831 2028$ 3,514$ 8,710$ 619$ 12,843 2029$ 3,719$ 8,505$ 632$ 12,855 2030$ 3,936$ 8,288$ 644$ 12,868 2031$ 4,165$ 8,059$ 657$ 12,881 2032$ 4,408$ 7,816$ 670$ 12,894 2033$ 4,665$ 7,559$ 684$ 12,908 2034$ 4,937$ 7,287$ 697$ 12,921 2035$ 5,225$ 6,999$ 711$ 12,935 2036$ 5,530$ 6,694$ 725$ 12,949 2037$ 5,852$ 6,372$ 740$ 12,964 2038$ 6,193$ 6,031$ 755$ 12,979 2039$ 6,554$ 5,670$ 770$ 12,994 2040$ 6,936$ 5,288$ 785$ 13,009 2041$ 7,341$ 4,883$ 801$ 13,025 2042$ 7,769$ 4,455$ 817$ 13,041 2043$ 8,221$ 4,002$ 833$ 13,057 2044$ 8,701$ 3,523$ 850$ 13,074 2045$ 9,208$ 3,016$ 867$ 13,091 2046$ 9,745$ 2,479$ 884$ 13,108 2047$ 10,313 $ 1,911$ 902$ 13,126 2048$ 10,914 $ 1,310$ 920$ 13,144 2049$ 11,551 $ 673$ 938$ 13,162 Total$ 171,223$ 195,495$ 21,439$ 388,157 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 33 Appendix A Projected Annual Installments- Parcel E/660592 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 1,322$ 6,057$ 319$ 7,697 2021$ 1,404$ 5,974$ 325$ 7,703 2022$ 1,492$ 5,886$ 332$ 7,710 2023$ 1,585$ 5,793$ 338$ 7,717 2024$ 1,684$ 5,694$ 345$ 7,723 2025$ 1,789$ 5,589$ 352$ 7,730 2026$ 1,894$ 5,484$ 359$ 7,737 2027$ 2,004$ 5,374$ 366$ 7,745 2028$ 2,121$ 5,257$ 374$ 7,752 2029$ 2,245$ 5,133$ 381$ 7,759 2030$ 2,376$ 5,003$ 389$ 7,767 2031$ 2,514$ 4,864$ 397$ 7,775 2032$ 2,661$ 4,717$ 405$ 7,783 2033$ 2,816$ 4,562$ 413$ 7,791 2034$ 2,980$ 4,398$ 421$ 7,799 2035$ 3,154$ 4,224$ 429$ 7,807 2036$ 3,338$ 4,041$ 438$ 7,816 2037$ 3,532$ 3,846$ 447$ 7,825 2038$ 3,738$ 3,640$ 456$ 7,834 2039$ 3,956$ 3,422$ 465$ 7,843 2040$ 4,187$ 3,192$ 474$ 7,852 2041$ 4,431$ 2,947$ 483$ 7,862 2042$ 4,689$ 2,689$ 493$ 7,871 2043$ 4,962$ 2,416$ 503$ 7,881 2044$ 5,252$ 2,127$ 513$ 7,891 2045$ 5,558$ 1,820$ 523$ 7,901 2046$ 5,882$ 1,496$ 534$ 7,912 2047$ 6,225$ 1,153$ 544$ 7,923 2048$ 6,588$ 791$ 555$ 7,933 2049$ 6,972$ 406$ 566$ 7,945 Total$ 103,347$ 117,997$ 12,940 $ 234,284 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 34 Appendix A Projected Annual Installments- Parcel F/660593 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 1,230$ 5,637$ 297$ 7,164 2021$ 1,307$ 5,560$ 303$ 7,170 2022$ 1,389$ 5,478$ 309$ 7,176 2023$ 1,475$ 5,392$ 315$ 7,182 2024$ 1,568$ 5,299$ 321$ 7,188 2025$ 1,665$ 5,201$ 328$ 7,195 2026$ 1,763$ 5,104$ 334$ 7,201 2027$ 1,865$ 5,002$ 341$ 7,208 2028$ 1,974$ 4,893$ 348$ 7,215 2029$ 2,089$ 4,778$ 355$ 7,222 2030$ 2,211$ 4,656$ 362$ 7,229 2031$ 2,340$ 4,527$ 369$ 7,236 2032$ 2,476$ 4,391$ 377$ 7,243 2033$ 2,621$ 4,246$ 384$ 7,251 2034$ 2,773$ 4,093$ 392$ 7,259 2035$ 2,935$ 3,932$ 400$ 7,266 2036$ 3,106$ 3,761$ 408$ 7,274 2037$ 3,287$ 3,580$ 416$ 7,283 2038$ 3,479$ 3,388$ 424$ 7,291 2039$ 3,682$ 3,185$ 432$ 7,299 2040$ 3,896$ 2,970$ 441$ 7,308 2041$ 4,124$ 2,743$ 450$ 7,317 2042$ 4,364$ 2,503$ 459$ 7,326 2043$ 4,618$ 2,248$ 468$ 7,335 2044$ 4,888$ 1,979$ 477$ 7,344 2045$ 5,173$ 1,694$ 487$ 7,354 2046$ 5,474$ 1,393$ 497$ 7,364 2047$ 5,793$ 1,073$ 507$ 7,374 2048$ 6,131$ 736$ 517$ 7,384 2049$ 6,489$ 378$ 527$ 7,394 Total$ 96,186 $ 109,820$ 12,043$ 218,049 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 35 Appendix A Projected Annual Installments- Parcel G/660594 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 1,498$ 6,864$ 362$ 8,723 2021$ 1,591$ 6,771$ 369$ 8,731 2022$ 1,691$ 6,671$ 376$ 8,738 2023$ 1,797$ 6,565$ 384$ 8,746 2024$ 1,909$ 6,453$ 391$ 8,753 2025$ 2,028$ 6,334$ 399$ 8,761 2026$ 2,146$ 6,216$ 407$ 8,769 2027$ 2,271$ 6,091$ 415$ 8,777 2028$ 2,404$ 5,958$ 424$ 8,786 2029$ 2,544$ 5,818$ 432$ 8,794 2030$ 2,692$ 5,670$ 441$ 8,803 2031$ 2,849$ 5,513$ 449$ 8,811 2032$ 3,015$ 5,347$ 458$ 8,820 2033$ 3,191$ 5,171$ 468$ 8,830 2034$ 3,377$ 4,985$ 477$ 8,839 2035$ 3,574$ 4,788$ 487$ 8,849 2036$ 3,783$ 4,579$ 496$ 8,858 2037$ 4,003$ 4,359$ 506$ 8,868 2038$ 4,236$ 4,126$ 516$ 8,878 2039$ 4,483$ 3,879$ 527$ 8,889 2040$ 4,745$ 3,617$ 537$ 8,899 2041$ 5,021$ 3,341$ 548$ 8,910 2042$ 5,314$ 3,048$ 559$ 8,921 2043$ 5,624$ 2,738$ 570$ 8,932 2044$ 5,952$ 2,410$ 581$ 8,943 2045$ 6,299$ 2,063$ 593$ 8,955 2046$ 6,666$ 1,696$ 605$ 8,967 2047$ 7,055$ 1,307$ 617$ 8,979 2048$ 7,466$ 896$ 629$ 8,991 2049$ 7,901$ 461$ 642$ 9,004 Total$ 117,128$ 133,731$ 14,666 $ 265,525 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 36 Appendix A Projected Annual Installments- Parcel H/675456 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 8,067$ 36,971 $ 1,947$ 46,986 2021$ 8,571$ 36,467 $ 1,986$ 47,025 2022$ 9,107$ 35,931 $ 2,026$ 47,064 2023$ 9,676$ 35,362 $ 2,066$ 47,105 2024$ 10,281 $ 34,757 $ 2,108$ 47,146 2025$ 10,924 $ 34,115 $ 2,150$ 47,188 2026$ 11,560 $ 33,478 $ 2,193$ 47,231 2027$ 12,234 $ 32,804 $ 2,237$ 47,275 2028$ 12,948 $ 32,091 $ 2,281$ 47,320 2029$ 13,702 $ 31,336 $ 2,327$ 47,365 2030$ 14,501 $ 30,537 $ 2,374$ 47,412 2031$ 15,347 $ 29,692 $ 2,421$ 47,459 2032$ 16,241 $ 28,797 $ 2,469$ 47,508 2033$ 17,188 $ 27,850 $ 2,519$ 47,557 2034$ 18,190 $ 26,848 $ 2,569$ 47,608 2035$ 19,251 $ 25,788 $ 2,621$ 47,659 2036$ 20,373 $ 24,665 $ 2,673$ 47,711 2037$ 21,561 $ 23,477 $ 2,726$ 47,765 2038$ 22,818 $ 22,220 $ 2,781$ 47,819 2039$ 24,148 $ 20,890 $ 2,837$ 47,875 2040$ 25,556 $ 19,482 $ 2,893$ 47,932 2041$ 27,046 $ 17,992 $ 2,951$ 47,990 2042$ 28,623 $ 16,416 $ 3,010$ 48,049 2043$ 30,292 $ 14,747 $ 3,070$ 48,109 2044$ 32,058 $ 12,981 $ 3,132$ 48,170 2045$ 33,927 $ 11,112 $ 3,194$ 48,233 2046$ 35,904 $ 9,134$ 3,258$ 48,297 2047$ 37,998 $ 7,041$ 3,323$ 48,362 2048$ 40,213 $ 4,826$ 3,390$ 48,428 2049$ 42,557 $ 2,481$ 3,458$ 48,496 Total$ 630,864$ 720,290$ 78,991 $ 1,430,144 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 37 Appendix A Projected Annual Installments- Parcel I/699262 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 9,549$ 43,763 $ 2,305$ 55,617 2021$ 10,146 $ 43,167 $ 2,351$ 55,664 2022$ 10,780 $ 42,533 $ 2,398$ 55,711 2023$ 11,454 $ 41,859 $ 2,446$ 55,759 2024$ 12,170 $ 41,143 $ 2,495$ 55,807 2025$ 12,930 $ 40,382 $ 2,545$ 55,857 2026$ 13,684 $ 39,628 $ 2,596$ 55,908 2027$ 14,482 $ 38,831 $ 2,648$ 55,960 2028$ 15,326 $ 37,986 $ 2,700$ 56,013 2029$ 16,220 $ 37,093 $ 2,754$ 56,067 2030$ 17,165 $ 36,147 $ 2,810$ 56,122 2031$ 18,166 $ 35,147 $ 2,866$ 56,178 2032$ 19,225 $ 34,087 $ 2,923$ 56,236 2033$ 20,346 $ 32,967 $ 2,982$ 56,294 2034$ 21,532 $ 31,780 $ 3,041$ 56,354 2035$ 22,788 $ 30,525 $ 3,102$ 56,415 2036$ 24,116 $ 29,197 $ 3,164$ 56,477 2037$ 25,522 $ 27,791 $ 3,227$ 56,540 2038$ 27,010 $ 26,303 $ 3,292$ 56,605 2039$ 28,585 $ 24,728 $ 3,358$ 56,670 2040$ 30,251 $ 23,061 $ 3,425$ 56,738 2041$ 32,015 $ 21,298 $ 3,493$ 56,806 2042$ 33,881 $ 19,431 $ 3,563$ 56,876 2043$ 35,857 $ 17,456 $ 3,634$ 56,947 2044$ 37,947 $ 15,366 $ 3,707$ 57,020 2045$ 40,159 $ 13,153 $ 3,781$ 57,094 2046$ 42,501 $ 10,812 $ 3,857$ 57,170 2047$ 44,978 $ 8,334$ 3,934$ 57,247 2048$ 47,601 $ 5,712$ 4,013$ 57,325 2049$ 50,376 $ 2,937$ 4,093$ 57,406 Total$ 746,763$ 852,617$ 93,502 $ 1,692,882 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 38 Appendix A Projected Annual Installments- Parcel J/749514 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 2,703$ 12,389 $ 652$ 15,745 2021$ 2,872$ 12,220 $ 666$ 15,758 2022$ 3,052$ 12,041 $ 679$ 15,771 2023$ 3,242$ 11,850 $ 692$ 15,785 2024$ 3,445$ 11,647 $ 706$ 15,799 2025$ 3,660$ 11,432 $ 720$ 15,813 2026$ 3,874$ 11,218 $ 735$ 15,827 2027$ 4,100$ 10,993 $ 749$ 15,842 2028$ 4,339$ 10,754 $ 764$ 15,857 2029$ 4,592$ 10,501 $ 780$ 15,872 2030$ 4,859$ 10,233 $ 795$ 15,888 2031$ 5,143$ 9,950$ 811$ 15,904 2032$ 5,443$ 9,650$ 827$ 15,920 2033$ 5,760$ 9,333$ 844$ 15,936 2034$ 6,096$ 8,997$ 861$ 15,953 2035$ 6,451$ 8,641$ 878$ 15,971 2036$ 6,827$ 8,265$ 896$ 15,988 2037$ 7,225$ 7,867$ 914$ 16,006 2038$ 7,646$ 7,446$ 932$ 16,024 2039$ 8,092$ 7,000$ 951$ 16,043 2040$ 8,564$ 6,529$ 970$ 16,062 2041$ 9,063$ 6,029$ 989$ 16,081 2042$ 9,591$ 5,501$ 1,009$ 16,101 2043$ 10,151 $ 4,942$ 1,029$ 16,121 2044$ 10,742 $ 4,350$ 1,049$ 16,142 2045$ 11,369 $ 3,724$ 1,070$ 16,163 2046$ 12,032 $ 3,061$ 1,092$ 16,184 2047$ 12,733 $ 2,359$ 1,114$ 16,206 2048$ 13,475 $ 1,617$ 1,136$ 16,228 2049$ 14,261 $ 831$ 1,159$ 16,251 Total$ 211,402$ 241,369$ 26,470 $ 479,241 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 39 Appendix A Projected Annual Installments- Parcel K/724358 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 1,543$ 7,072$ 372$ 8,988 2021$ 1,640$ 6,976$ 380$ 8,995 2022$ 1,742$ 6,873$ 388$ 9,003 2023$ 1,851$ 6,764$ 395$ 9,010 2024$ 1,967$ 6,649$ 403$ 9,018 2025$ 2,090$ 6,526$ 411$ 9,026 2026$ 2,211$ 6,404$ 419$ 9,035 2027$ 2,340$ 6,275$ 428$ 9,043 2028$ 2,477$ 6,139$ 436$ 9,052 2029$ 2,621$ 5,994$ 445$ 9,060 2030$ 2,774$ 5,841$ 454$ 9,069 2031$ 2,936$ 5,680$ 463$ 9,078 2032$ 3,107$ 5,508$ 472$ 9,088 2033$ 3,288$ 5,327$ 482$ 9,097 2034$ 3,480$ 5,136$ 491$ 9,107 2035$ 3,682$ 4,933$ 501$ 9,116 2036$ 3,897$ 4,718$ 511$ 9,127 2037$ 4,124$ 4,491$ 522$ 9,137 2038$ 4,365$ 4,250$ 532$ 9,147 2039$ 4,619$ 3,996$ 543$ 9,158 2040$ 4,889$ 3,727$ 553$ 9,169 2041$ 5,174$ 3,442$ 565$ 9,180 2042$ 5,475$ 3,140$ 576$ 9,191 2043$ 5,794$ 2,821$ 587$ 9,203 2044$ 6,132$ 2,483$ 599$ 9,214 2045$ 6,490$ 2,126$ 611$ 9,226 2046$ 6,868$ 1,747$ 623$ 9,238 2047$ 7,268$ 1,347$ 636$ 9,251 2048$ 7,692$ 923$ 648$ 9,264 2049$ 8,141$ 475$ 661$ 9,277 Total$ 120,675$ 137,781$ 15,110 $ 273,566 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 40 Appendix A Projected Annual Installments- Parcel L/724357 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 3,240$ 14,848 $ 782$ 18,869 2021$ 3,442$ 14,645 $ 798$ 18,885 2022$ 3,657$ 14,430 $ 814$ 18,901 2023$ 3,886$ 14,201 $ 830$ 18,917 2024$ 4,129$ 13,959 $ 846$ 18,934 2025$ 4,387$ 13,701 $ 863$ 18,951 2026$ 4,643$ 13,445 $ 881$ 18,968 2027$ 4,913$ 13,174 $ 898$ 18,986 2028$ 5,200$ 12,888 $ 916$ 19,004 2029$ 5,503$ 12,585 $ 935$ 19,022 2030$ 5,824$ 12,264 $ 953$ 19,041 2031$ 6,163$ 11,924 $ 972$ 19,060 2032$ 6,523$ 11,565 $ 992$ 19,079 2033$ 6,903$ 11,185 $ 1,012$ 19,099 2034$ 7,305$ 10,782 $ 1,032$ 19,119 2035$ 7,731$ 10,356 $ 1,052$ 19,140 2036$ 8,182$ 9,906$ 1,073$ 19,161 2037$ 8,659$ 9,429$ 1,095$ 19,182 2038$ 9,164$ 8,924$ 1,117$ 19,204 2039$ 9,698$ 8,389$ 1,139$ 19,227 2040$ 10,263 $ 7,824$ 1,162$ 19,249 2041$ 10,862 $ 7,226$ 1,185$ 19,273 2042$ 11,495 $ 6,593$ 1,209$ 19,296 2043$ 12,165 $ 5,922$ 1,233$ 19,321 2044$ 12,874 $ 5,213$ 1,258$ 19,345 2045$ 13,625 $ 4,463$ 1,283$ 19,370 2046$ 14,419 $ 3,668$ 1,309$ 19,396 2047$ 15,260 $ 2,828$ 1,335$ 19,422 2048$ 16,150 $ 1,938$ 1,361$ 19,449 2049$ 17,091 $ 996$ 1,389$ 19,476 Total$ 253,355$ 289,269$ 31,723 $ 574,347 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 41 Appendix A Projected Annual Installments- Parcel M/695742 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 10,425 $ 47,777 $ 2,516$ 60,719 2021$ 11,077 $ 47,126 $ 2,567$ 60,769 2022$ 11,769 $ 46,433 $ 2,618$ 60,820 2023$ 12,504 $ 45,698 $ 2,670$ 60,873 2024$ 13,286 $ 44,916 $ 2,724$ 60,926 2025$ 14,116 $ 44,086 $ 2,778$ 60,980 2026$ 14,939 $ 43,263 $ 2,834$ 61,036 2027$ 15,810 $ 42,392 $ 2,890$ 61,093 2028$ 16,732 $ 41,470 $ 2,948$ 61,150 2029$ 17,707 $ 40,495 $ 3,007$ 61,209 2030$ 18,740 $ 39,463 $ 3,067$ 61,270 2031$ 19,832 $ 38,370 $ 3,129$ 61,331 2032$ 20,989 $ 37,214 $ 3,191$ 61,394 2033$ 22,212 $ 35,990 $ 3,255$ 61,457 2034$ 23,507 $ 34,695 $ 3,320$ 61,522 2035$ 24,878 $ 33,325 $ 3,386$ 61,589 2036$ 26,328 $ 31,874 $ 3,454$ 61,657 2037$ 27,863 $ 30,339 $ 3,523$ 61,726 2038$ 29,487 $ 28,715 $ 3,594$ 61,796 2039$ 31,206 $ 26,996 $ 3,666$ 61,868 2040$ 33,026 $ 25,177 $ 3,739$ 61,941 2041$ 34,951 $ 23,251 $ 3,814$ 62,016 2042$ 36,989 $ 21,214 $ 3,890$ 62,092 2043$ 39,145 $ 19,057 $ 3,968$ 62,170 2044$ 41,427 $ 16,775 $ 4,047$ 62,249 2045$ 43,843 $ 14,360 $ 4,128$ 62,330 2046$ 46,399 $ 11,804 $ 4,211$ 62,413 2047$ 49,104 $ 9,099$ 4,295$ 62,497 2048$ 51,966 $ 6,236$ 4,381$ 62,583 2049$ 54,996 $ 3,206$ 4,468$ 62,671 Total$ 815,253$ 930,816$ 102,078$ 1,848,147 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 42 Appendix A Projected Annual Installments- Parcel N/701977 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 2,911$ 13,341 $ 703$ 16,954 2021$ 3,093$ 13,159 $ 717$ 16,968 2022$ 3,286$ 12,965 $ 731$ 16,982 2023$ 3,492$ 12,760 $ 746$ 16,997 2024$ 3,710$ 12,542 $ 761$ 17,012 2025$ 3,942$ 12,310 $ 776$ 17,027 2026$ 4,171$ 12,080 $ 791$ 17,043 2027$ 4,415$ 11,837 $ 807$ 17,059 2028$ 4,672$ 11,580 $ 823$ 17,075 2029$ 4,944$ 11,307 $ 840$ 17,091 2030$ 5,233$ 11,019 $ 856$ 17,108 2031$ 5,538$ 10,714 $ 874$ 17,125 2032$ 5,861$ 10,391 $ 891$ 17,143 2033$ 6,202$ 10,049 $ 909$ 17,160 2034$ 6,564$ 9,688$ 927$ 17,179 2035$ 6,946$ 9,305$ 946$ 17,197 2036$ 7,351$ 8,900$ 965$ 17,216 2037$ 7,780$ 8,471$ 984$ 17,235 2038$ 8,234$ 8,018$ 1,003$ 17,255 2039$ 8,714$ 7,538$ 1,024$ 17,275 2040$ 9,222$ 7,030$ 1,044$ 17,295 2041$ 9,759$ 6,492$ 1,065$ 17,316 2042$ 10,328 $ 5,923$ 1,086$ 17,338 2043$ 10,930 $ 5,321$ 1,108$ 17,359 2044$ 11,567 $ 4,684$ 1,130$ 17,382 2045$ 12,242 $ 4,010$ 1,153$ 17,404 2046$ 12,956 $ 3,296$ 1,176$ 17,427 2047$ 13,711 $ 2,541$ 1,199$ 17,451 2048$ 14,510 $ 1,741$ 1,223$ 17,475 2049$ 15,356 $ 895$ 1,248$ 17,499 Total$ 227,638$ 259,906$ 28,503 $ 516,047 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 43 Appendix A Projected Annual Installments- Parcel O/701976 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 903$ 4,138$ 218$ 5,258 2021$ 959$ 4,081$ 222$ 5,263 2022$ 1,019$ 4,021$ 227$ 5,267 2023$ 1,083$ 3,958$ 231$ 5,272 2024$ 1,151$ 3,890$ 236$ 5,276 2025$ 1,223$ 3,818$ 241$ 5,281 2026$ 1,294$ 3,747$ 245$ 5,286 2027$ 1,369$ 3,671$ 250$ 5,291 2028$ 1,449$ 3,592$ 255$ 5,296 2029$ 1,534$ 3,507$ 260$ 5,301 2030$ 1,623$ 3,418$ 266$ 5,306 2031$ 1,718$ 3,323$ 271$ 5,312 2032$ 1,818$ 3,223$ 276$ 5,317 2033$ 1,924$ 3,117$ 282$ 5,322 2034$ 2,036$ 3,005$ 288$ 5,328 2035$ 2,155$ 2,886$ 293$ 5,334 2036$ 2,280$ 2,760$ 299$ 5,340 2037$ 2,413$ 2,628$ 305$ 5,346 2038$ 2,554$ 2,487$ 311$ 5,352 2039$ 2,703$ 2,338$ 317$ 5,358 2040$ 2,860$ 2,180$ 324$ 5,364 2041$ 3,027$ 2,014$ 330$ 5,371 2042$ 3,203$ 1,837$ 337$ 5,377 2043$ 3,390$ 1,650$ 344$ 5,384 2044$ 3,588$ 1,453$ 351$ 5,391 2045$ 3,797$ 1,244$ 358$ 5,398 2046$ 4,018$ 1,022$ 365$ 5,405 2047$ 4,253$ 788$ 372$ 5,413 2048$ 4,501$ 540$ 379$ 5,420 2049$ 4,763$ 278$ 387$ 5,428 Total$ 70,604 $ 80,613 $ 8,840$ 160,058 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 44 Appendix A Projected Annual Installments- Parcel P/701975 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 987$ 4,525$ 238$ 5,751 2021$ 1,049$ 4,464$ 243$ 5,756 2022$ 1,115$ 4,398$ 248$ 5,761 2023$ 1,184$ 4,329$ 253$ 5,766 2024$ 1,258$ 4,254$ 258$ 5,771 2025$ 1,337$ 4,176$ 263$ 5,776 2026$ 1,415$ 4,098$ 268$ 5,781 2027$ 1,498$ 4,015$ 274$ 5,787 2028$ 1,585$ 3,928$ 279$ 5,792 2029$ 1,677$ 3,836$ 285$ 5,798 2030$ 1,775$ 3,738$ 291$ 5,803 2031$ 1,879$ 3,634$ 296$ 5,809 2032$ 1,988$ 3,525$ 302$ 5,815 2033$ 2,104$ 3,409$ 308$ 5,821 2034$ 2,227$ 3,286$ 314$ 5,827 2035$ 2,356$ 3,157$ 321$ 5,834 2036$ 2,494$ 3,019$ 327$ 5,840 2037$ 2,639$ 2,874$ 334$ 5,847 2038$ 2,793$ 2,720$ 340$ 5,853 2039$ 2,956$ 2,557$ 347$ 5,860 2040$ 3,128$ 2,385$ 354$ 5,867 2041$ 3,311$ 2,202$ 361$ 5,874 2042$ 3,504$ 2,009$ 368$ 5,881 2043$ 3,708$ 1,805$ 376$ 5,889 2044$ 3,924$ 1,589$ 383$ 5,896 2045$ 4,153$ 1,360$ 391$ 5,904 2046$ 4,395$ 1,118$ 399$ 5,912 2047$ 4,651$ 862$ 407$ 5,920 2048$ 4,922$ 591$ 415$ 5,928 2049$ 5,209$ 304$ 423$ 5,936 Total$ 77,221 $ 88,167 $ 9,669$ 175,057 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 45 Appendix A Projected Annual Installments- Parcel Q/744481 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 872$ 3,998$ 211$ 5,081 2021$ 927$ 3,943$ 215$ 5,085 2022$ 985$ 3,885$ 219$ 5,089 2023$ 1,046$ 3,824$ 223$ 5,094 2024$ 1,112$ 3,758$ 228$ 5,098 2025$ 1,181$ 3,689$ 232$ 5,103 2026$ 1,250$ 3,620$ 237$ 5,107 2027$ 1,323$ 3,547$ 242$ 5,112 2028$ 1,400$ 3,470$ 247$ 5,117 2029$ 1,482$ 3,388$ 252$ 5,122 2030$ 1,568$ 3,302$ 257$ 5,127 2031$ 1,659$ 3,211$ 262$ 5,132 2032$ 1,756$ 3,114$ 267$ 5,137 2033$ 1,859$ 3,011$ 272$ 5,142 2034$ 1,967$ 2,903$ 278$ 5,148 2035$ 2,082$ 2,788$ 283$ 5,153 2036$ 2,203$ 2,667$ 289$ 5,159 2037$ 2,331$ 2,539$ 295$ 5,165 2038$ 2,467$ 2,403$ 301$ 5,171 2039$ 2,611$ 2,259$ 307$ 5,177 2040$ 2,763$ 2,107$ 313$ 5,183 2041$ 2,925$ 1,946$ 319$ 5,189 2042$ 3,095$ 1,775$ 325$ 5,196 2043$ 3,275$ 1,595$ 332$ 5,202 2044$ 3,466$ 1,404$ 339$ 5,209 2045$ 3,669$ 1,202$ 345$ 5,215 2046$ 3,882$ 988$ 352$ 5,222 2047$ 4,109$ 761$ 359$ 5,229 2048$ 4,348$ 522$ 367$ 5,237 2049$ 4,602$ 268$ 374$ 5,244 Total$ 68,216 $ 77,886 $ 8,541$ 154,644 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 46 Appendix A Projected Annual Installments- Parcel R/744482 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 980$ 4,489$ 236$ 5,706 2021$ 1,041$ 4,428$ 241$ 5,710 2022$ 1,106$ 4,363$ 246$ 5,715 2023$ 1,175$ 4,294$ 251$ 5,720 2024$ 1,248$ 4,221$ 256$ 5,725 2025$ 1,326$ 4,143$ 261$ 5,730 2026$ 1,404$ 4,065$ 266$ 5,735 2027$ 1,486$ 3,983$ 272$ 5,741 2028$ 1,572$ 3,897$ 277$ 5,746 2029$ 1,664$ 3,805$ 283$ 5,752 2030$ 1,761$ 3,708$ 288$ 5,757 2031$ 1,864$ 3,606$ 294$ 5,763 2032$ 1,972$ 3,497$ 300$ 5,769 2033$ 2,087$ 3,382$ 306$ 5,775 2034$ 2,209$ 3,260$ 312$ 5,781 2035$ 2,338$ 3,131$ 318$ 5,787 2036$ 2,474$ 2,995$ 325$ 5,794 2037$ 2,618$ 2,851$ 331$ 5,800 2038$ 2,771$ 2,698$ 338$ 5,807 2039$ 2,932$ 2,537$ 344$ 5,814 2040$ 3,103$ 2,366$ 351$ 5,820 2041$ 3,284$ 2,185$ 358$ 5,827 2042$ 3,476$ 1,993$ 366$ 5,835 2043$ 3,678$ 1,791$ 373$ 5,842 2044$ 3,893$ 1,576$ 380$ 5,849 2045$ 4,120$ 1,349$ 388$ 5,857 2046$ 4,360$ 1,109$ 396$ 5,865 2047$ 4,614$ 855$ 404$ 5,873 2048$ 4,883$ 586$ 412$ 5,881 2049$ 5,168$ 301$ 420$ 5,889 Total$ 76,607 $ 87,466 $ 9,592$ 173,665 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 47 Appendix A Projected Annual Installments- Parcel S/711813 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 1,356$ 6,213$ 327$ 7,895 2021$ 1,440$ 6,128$ 334$ 7,902 2022$ 1,530$ 6,038$ 340$ 7,908 2023$ 1,626$ 5,942$ 347$ 7,915 2024$ 1,728$ 5,840$ 354$ 7,922 2025$ 1,836$ 5,733$ 361$ 7,929 2026$ 1,943$ 5,626$ 368$ 7,937 2027$ 2,056$ 5,512$ 376$ 7,944 2028$ 2,176$ 5,392$ 383$ 7,951 2029$ 2,303$ 5,266$ 391$ 7,959 2030$ 2,437$ 5,131$ 399$ 7,967 2031$ 2,579$ 4,989$ 407$ 7,975 2032$ 2,729$ 4,839$ 415$ 7,983 2033$ 2,888$ 4,680$ 423$ 7,991 2034$ 3,057$ 4,511$ 432$ 8,000 2035$ 3,235$ 4,333$ 440$ 8,008 2036$ 3,423$ 4,145$ 449$ 8,017 2037$ 3,623$ 3,945$ 458$ 8,026 2038$ 3,834$ 3,734$ 467$ 8,035 2039$ 4,058$ 3,510$ 477$ 8,045 2040$ 4,294$ 3,274$ 486$ 8,054 2041$ 4,545$ 3,023$ 496$ 8,064 2042$ 4,810$ 2,758$ 506$ 8,074 2043$ 5,090$ 2,478$ 516$ 8,084 2044$ 5,387$ 2,181$ 526$ 8,094 2045$ 5,701$ 1,867$ 537$ 8,105 2046$ 6,033$ 1,535$ 548$ 8,116 2047$ 6,385$ 1,183$ 558$ 8,127 2048$ 6,757$ 811$ 570$ 8,138 2049$ 7,151$ 417$ 581$ 8,149 Total$ 106,008$ 121,034$ 13,273 $ 240,315 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 48 Appendix A Projected Annual Installments- Parcel T/711814 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 47,336 $ 216,939$ 11,425 $ 275,700 2021$ 50,295 $ 213,980$ 11,654 $ 275,928 2022$ 53,438 $ 210,837$ 11,887 $ 276,161 2023$ 56,778 $ 207,497$ 12,124 $ 276,399 2024$ 60,326 $ 203,948$ 12,367 $ 276,641 2025$ 64,097 $ 200,178$ 12,614 $ 276,889 2026$ 67,834 $ 196,441$ 12,867 $ 277,141 2027$ 71,788 $ 192,486$ 13,124 $ 277,398 2028$ 75,973 $ 188,301$ 13,386 $ 277,661 2029$ 80,403 $ 183,872$ 13,654 $ 277,929 2030$ 85,090 $ 179,184$ 13,927 $ 278,202 2031$ 90,051 $ 174,224$ 14,206 $ 278,480 2032$ 95,301 $ 168,974$ 14,490 $ 278,765 2033$ 100,857$ 163,418$ 14,780 $ 279,054 2034$ 106,737$ 157,538$ 15,075 $ 279,350 2035$ 112,960$ 151,315$ 15,377 $ 279,651 2036$ 119,545$ 144,729$ 15,684 $ 279,959 2037$ 126,515$ 137,760$ 15,998 $ 280,272 2038$ 133,891$ 130,384$ 16,318 $ 280,593 2039$ 141,696$ 122,578$ 16,644 $ 280,919 2040$ 149,957$ 114,317$ 16,977 $ 281,252 2041$ 158,700$ 105,575$ 17,317 $ 281,591 2042$ 167,952$ 96,323 $ 17,663 $ 281,938 2043$ 177,744$ 86,531 $ 18,016 $ 282,291 2044$ 188,106$ 76,169 $ 18,377 $ 282,651 2045$ 199,073$ 65,202 $ 18,744 $ 283,019 2046$ 210,678$ 53,596 $ 19,119 $ 283,393 2047$ 222,961$ 41,314 $ 19,501 $ 283,776 2048$ 235,960$ 28,315 $ 19,891 $ 284,166 2049$ 249,716$ 14,558 $ 20,289 $ 284,564 Total$ 3,701,755$ 4,226,482$ 463,497$ 8,391,734 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 49 Appendix A Projected Annual Installments- Parcel U/749513 Year Ending Principal Interest Administrative Annual December 31,PaymentsExpenseExpensesInstallments 2020$ 2,486$ 11,394 $ 600$ 14,480 2021$ 2,641$ 11,238 $ 612$ 14,492 2022$ 2,807$ 11,073 $ 624$ 14,504 2023$ 2,982$ 10,898 $ 637$ 14,516 2024$ 3,168$ 10,711 $ 650$ 14,529 2025$ 3,366$ 10,513 $ 663$ 14,542 2026$ 3,563$ 10,317 $ 676$ 14,555 2027$ 3,770$ 10,109 $ 689$ 14,569 2028$ 3,990$ 9,890$ 703$ 14,583 2029$ 4,223$ 9,657$ 717$ 14,597 2030$ 4,469$ 9,411$ 731$ 14,611 2031$ 4,729$ 9,150$ 746$ 14,626 2032$ 5,005$ 8,875$ 761$ 14,641 2033$ 5,297$ 8,583$ 776$ 14,656 2034$ 5,606$ 8,274$ 792$ 14,671 2035$ 5,933$ 7,947$ 808$ 14,687 2036$ 6,279$ 7,601$ 824$ 14,703 2037$ 6,645$ 7,235$ 840$ 14,720 2038$ 7,032$ 6,848$ 857$ 14,737 2039$ 7,442$ 6,438$ 874$ 14,754 2040$ 7,876$ 6,004$ 892$ 14,771 2041$ 8,335$ 5,545$ 909$ 14,789 2042$ 8,821$ 5,059$ 928$ 14,807 2043$ 9,335$ 4,545$ 946$ 14,826 2044$ 9,879$ 4,000$ 965$ 14,845 2045$ 10,455 $ 3,424$ 984$ 14,864 2046$ 11,065 $ 2,815$ 1,004$ 14,884 2047$ 11,710 $ 2,170$ 1,024$ 14,904 2048$ 12,393 $ 1,487$ 1,045$ 14,924 2049$ 13,115 $ 765$ 1,066$ 14,945 Total$ 194,416$ 221,975$ 24,343 $ 440,734 Note: The projected Annual Installments are based on an assumed 6.25% interest rate for the initial five years, a 5.83% interest rate for the final 25 years, a 30 year term for the Special Assessments, and initial Administrative Expense of $25,000 increasing at 2% per year. 50 Appendix B Legal Description of the Property 51 52 53 54 55 56 Appendix C Improvement Area No. 1 Public Improvements Exhibit B Depiction of Phase 1 Heritage Trail Improvements Exhibit C Final Cost of Phase 1 Heritage Trail Improvements Design Services Exhibit D - Final Cost of Phase 1 Heritage Trail Improvements Construction Contract Exhibit E Depiction of Phase 1 Public Utilities Exhibit F Final Cost of Phase 1 Public Utilities Design Services Exhibit G Final Cost of Phase 1 Public Utilities Construction Contract Exhibit H Depiction of Phase 3 East Improvements Exhibit I Estimated Cost of Phase 3 East Improvements Design Services Exhibit J Estimated Cost of Phase 3 East Improvements Construction Contract 57 Exhibit B Depiction of Phase 1 Heritage Trail Improvements 58 Exhibit C Final Cost of Phase 1 Heritage Trail Improvements Design Services 59 Exhibit D Final Cost of Phase 1 Heritage Trail Improvements Construction Contract 60 Exhibit F Final Cost of Phase 1 Public Utilities Design Services 62 Exhibit G Final Cost of Phase 1 Public Utilities Construction Contract 63 Exhibit H Depiction of Phase 3 East Improvements 64 Exhibit I Estimated Cost of Phase 3 East Improvements Design Services 65 Page 66 215 E. McKinney St., Denton, TX 76201 (940) 349-8307 MEMORANDUM DATE: August 23, 2019 TO: City Council Members FROM: Jessica Rogers, Director of Economic Development SUBJECT: Follow-up Regarding the Rayzor Ranch PID Work Session on August 13 The following items are questions or comments made during the Rayzor Ranch PID City Council Work Session on Aug. 13, 2019, that required additional follow-up: 1. What is the criteria regarding possible objections to the PID assessments and how those objections are considered? Council has full discretion to evaluate any objection and make any necessary changes to the proposed assessments based on those objections. The following section of the PID statute guides Council in regards to the consideration of objections: Sec. 372.017. LEVY OF ASSESSMENT. (a) At or on the adjournment of the hearing referred to by Section 372.016 on proposed assessments, the governing body of the municipality or county must hear and pass on any objection to a proposed assessment. The governing body may amend a proposed assessment on any parcel. (b) After all objections have been heard and the governing body has passed on the objections, the governing body by ordinance or order shall levy the assessment as a special assessment on the property. The governing body by ordinance or order shall specify the method of payment of the assessment. The governing body may defer an assessment until a date the governing body specifies in the ordinance or order. The governing body may provide that assessments be paid in periodic installments, at an interest rate and for a period approved by the governing body. The provision that assessments be paid in periodic installments may, but is not required to, result in level annual installment payments. The installments must be in amounts necessary to meet annual costs for improvements and must continue for: (1) the period necessary to retire the indebtedness on the improvements; or (2) the period approved by the governing body for the payment of the installments. Staff has requested the developers provide landowner agreements from owners of all properties to be assessed and does not anticipate objections from property owners. If there are objections, because the nature and context of any objection could cover a wide variety of issues, Economic Development, Finance, or Legal staff will assist Council in determining how to resolve any objection in the context of the SAP following the public hearing. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service 2. How do the incentives on the Rayzor Ranch project relate to the PID? Are incentivized properties exempt from paying PID assessments? Incentivized property within the PID is not exempt from paying the PID assessments. While both the Economic Development Agreement and the PID are used to repay the developer for the cost of public improvements, they function differently. Under the Chapter 380 Economic Development Agreement, all eligible retailers collect sales tax from customers, then remit that sales tax to the State of Texas Comptroller. The City then receives its portion of the sales tax generated by the incentivized properties from the Comptroller, calculates the percentage that will be reimbursed to the developer, and distributes the grant payment back to the developer. Under that Agreement, the developer is eligible to be reimbursed for up to $68 million worth of improvements. The reimbursement amount distributed generating the sales tax through which they will be reimbursed. Under the PID as proposed, the developer has constructed and paid for certain public improvements that are or will be dedicated to the City. In order to pay the developer back for those public improvements included in the PID, City Council levies assessments on the properties in the PID according to the assessment plan in the SAP. Once the assessments are collected from the property owners, those assessment revenues are distributed back to the developer per the terms of a Reimbursement Agreement to reimburse the developer for constructing the public improvements. If all of the terms of the Economic Development Agreement are met and the PID (Improvement Area No. 1 only) is fully leveraged, the developer could be reimbursed for up to $76.1 million of improvements. Currently, the developer estimates the improvement costs for the development will be close to $100 million. The developer does have the option to bring forward additional assessments for other improvement areas within the PID, with Council approval. 3. What is the interaction between the PID and the Economic Development Agreement? The PID covers only a small set of specific public improvements within a defined improvement area, while the Economic Development Agreement offsets public infrastructure costs expended by the developer for a much larger set of improvements throughout the full Rayzor Ranch Marketplace and Town Center development. The public improvements that are covered under the PID would be eligible for reimbursement under the Economic Development Agreement if they are not reimbursed by the PID. However, if the PID does reimburse the developer for the improvements, those improvements would not also be eligible under the Economic Development Agreement. In short, if an improvements is reimbursed through one mechanism, it cannot be reimbursed by another. However, if the developer owns a particular parcel that is subject to the PID assessments, the developer (as the property owner) is responsible for paying the PID assessment Economic Development Agreement. 4. Project List of Public Improvements Included in PID Below is the list of public improvements that are included in the Rayzor Ranch PID Improvement Area No. 1: Phase 1 Heritage Trail Improvements and related professional services: 2 Heritage Trail Boulevard as a secondary arterial 4-lane divided street from U.S. Highway 380 (University Drive) to Linden Street, a distance of approximately 2,400 feet A water main loop from U.S. Highway 380 (University Drive) at the north end connection along Heritage Trail and future Panhandle Street to Bonnie Brae Street at the east end connection Phase 1 Public Utilities and related professional services: water, sewer, and storm water public utilities Phase 3 East Improvements Phase 3 East Infrastructure and related professional services: (1) Heritage Trail Boulevard as a secondary arterial 4-lane divided street from Phase 2 limits to Panhandle Street a distance of approximately 800 feet; and (2) Panhandle Street as a collector street from Heritage Trail to Phase 3 West Limits a distance of approximately 1,110 feet Maps of the PID Improvement Area No. 1 public improvements are included with the Preliminary SAP. 5. Is there an opportunity in the SAP to ask developer to not make changes to the layout of the development? The Service and Assessment Plan is not the mechanism through which the design standards or interior development can be controlled. In this case, the proposed SAP is based on reimbursing the developer for their actual costs of public improvements that have already been made in relation to Improvement Area No. 1 of the Rayzor Ranch Public Improvement District. Any private interior roads, their location, and placement in the development, is managed through the development process, not the SAP process, for this development. Additional information regarding the site developments and conceptual plans are included in the ISR. 6. Could developer get reimbursed through private agreements instead of the PID? The improvements that are eligible to be reimbursed through the PID were constructed by the developer for the benefit of Rayzor Ranch, but are publicly-owned, City assets, most of which have already been dedicated and accepted by the City. The PID is the mechanism through which the City contemplated incentivizing and reimbursing the developer to build a particular set of public improvements (detailed in Question 4 above). When the City assesses properties in the PID, it is allowing the developer to get reimbursed through those special assessments paid by property owners in the PID for certain public improvements. 7. What is the cost of maintaining the public improvements in the PID? Streets and utilities provided the following estimates for the annual cost of maintenance of the public improvements included in the PID. The cost of maintaining these improvements is included in the annual maintenance budgets for streets and the utilities, as is done with any new Cost of annual road maintenance, Phase 1: $20,000 per year Cost of annual road maintenance, Phase 3: $11,500 per year Phase 1 and Phase 3 annual water maintenance: $39,500 per year Phase 1 and Phase 3 wastewater maintenance: $29,100 per year 3 8. Correction regarding Landowner Agreement Staff incorrectly stated that the landowner agreement was included in the already-executed Phase 1 Reimbursement Agreement during the presentation. Staff should have stated that the Landowner Agreement will be included as part of the Amended and Restated Reimbursement Agreement that will be brought forward to City Council on September 17. 4 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-2032,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionoftheCityofDentonappointingonemembertotheBoardofManagersof Denco Area 9-1-1 District; and providing an effective date. City of DentonPage 1 of 1Printed on 8/23/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:City Manager’s Office ACM: Sara Hensley DATE: August 27, 2019 SUBJECT Consider approval of a resolution of the City of Denton appointing one member to the Board of Managers of Denco Area 9-1-1 District; and providing an effective date. BACKGROUND The Denco Area 9-1-1 District (the “District”) was created in 1987 and is governed by a board of managers appointed by the County, participating cities, and Denton County Fire Chief’s Association. Each year, the term of one of the two members appointed by participating municipalities expires. This year, the term of Sue Tejml, the Mayor of Copper Canyon, expires on September 30, 2019. The City Council unanimously approved Resolution No. 19-1203 (Exhibit3) nominating Ms. Tejml to a slate of nominees for the Board of Managers on June 11, 2019. On June 17, 2019, the City received notice (Exhibit 4) from the District requesting that the City vote for one of the nominees on the slate of nominees and advise them of its selection, if any, prior to September 15, 2019. Three nominees for the position were submitted by area cities. The nominees are: Sue Tejml, Bill Caslteman, and David Terre. The resumes of the nominees are included in Exhibit 4. The nominee with the most votes will be the municipalities’ representative to the District’s Board of Managers for the two- year term beginning October 1, 2019. EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Resolution Exhibit 3 – Resolution No. 19-1203 (approved June 11, 2019) Exhibit 4 – Denco 9-1-1 Letter dated June 17, 2019 Respectfully submitted: Rachel Wood Chief of Staff City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-2067,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexasmunicipalhome-rulecorporation, reimbursingLGIHomes,Inc.,aDelawarecorporation,$236,000asacreditforassessedandcollectedroadway impactfeesforBeaverCreekAdditions-Phase1BandBeaverCreekAddition-Phase2,Denton,Denton County,Texas,pursuanttoOrdinance2016-189;providingfortheexpenditureoffunds;and,providingforan effective date. City of DentonPage 1 of 1Printed on 8/23/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: DCM: Mario Canizares DATE: August 27, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas municipal home-rule corporation, reimbursing LGI Homes, Inc., a Delaware corporation, $236,000 as a credit for assessed and collected roadway impact fees for Beaver Creek Additions Phase 1B and Beaver Creek Addition Phase 2, Denton, Denton County, Texas, pursuant to Ordinance 2016-189; providing for the expenditure of funds; and, providing for an effective date. BACKGROUND On June 21, 2016, the City of Denton adopted Roadway Impact Fee Ordinance 2016-189. In 2018, LGI Homes, Inc. (LGI Inc.) was assessed and subsequently paid impact fees for the 95 lots of Phase 1B of the Beaver Creek subdivision, totaling $190,000. In 2018, LGI Inc. was also assessed for the 23 lots of Phase 2 of the Beaver Creek subdivision totaling $46,000. LGI Inc. constructed Long Road (see Exhibit 2), and improved Stuart Road with the development of the Beaver Creek subdivision. LGI requested to receive an impact fee credit based on the total cost to construct Long Road and a portion of Stuart Road. Both roadway roadway construction work is eligible for a roadway impact fee credit. Email assurance of the reimbursement was provided by former Engineering Development Review Manager, Earl Escobar, to LGI Inc. (see Exhibit 3) in August of 2016 stating that roadway impact fees would be credited upon completion of Long Road. Mr. Escobar departed the City in 2017, and remaining City staff were not informed of the arrangement with LGI Inc. and began collecting impact fees. In April of 2019, LGI consultant, Pape-Dawson, submitted a reimbursement request for the collected impact fees. In a subsequent meeting in April 2019 with LGI Inc. after this request was made, the Capital Projects and Development Services staff agreed that the improvements made are eligible for impact fees. LGI Inc. then submitted documentation of the total amount of work completed for both roadways and their Ordinance. As a result of this project and other recent experiences, staff is recommending that all private development projects desiring City financial participation or reimbursement enter into a Council approved development agreement with the City unless the total City financial participation or consideration is less than $100,000. This new practice will ensure transparency and consistency moving forward. Roadway Impact Fee Ordinance currently provides for credit or reimbursement of impact fees. Given the details outlined above, staff is recommending the reimbursement of $236,000 to LGI Inc. FISCAL INFORMATION Reimbursement from Roadway Impact Fee Fund of $236,000 to LGI Inc. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Refund Request and Project Map Exhibit 3 Email Assurance from Earl Escobar Exhibit 4 Roadway Impact Fee Ordinance Exhibit 5 Reimbursement Ordinance with LGI Inc. Respectfully submitted: W. Todd Estes, PE City Engineer �.y� 1*�1�t�r �b�tafr� .����ec�t �a�,r�r �"l�:ri� �V<itts, Uer�Yx�d Z�lrc���et1�, T�istr•ic� 1 � KGr�fly C;z. �3i•i��s, T�i�trict �:. :f�;ss�: l���r��i�, I�i:�t��cct �: .i�1�r� ������z�, �i:�tri�.t �: 1)eb �7-i��i��t���-, 1it 1.,�����e l�l��;�. 5; J'���1 �'l�;ltzc��, �1t �a���„� 1�"�����. C�; ���,���� �,��t �,I'.I'IZ(JV�=;I� �l�fs tl�� �l��y a�:i� , 2C?1'9. �`1C���% "�VV�i�I.MI..�, �'IA'�'C)1�. .�1�'T�"lTflm:S��": T�t�}�a� 1�I�}�, C'ITY ���. �l:;�i"�4I�5' 1:�'��`. �1�'�Z��7'�Jk;I� ��; "T'C) I�i�,��i� lw,(7�tN�: :'�h�����," L��.r"M,L, CI"�``�" ,�l'T"I"���.N�;�a'" ;�r� I3�':