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2020-05-05 Agenda with Backup
Cit of Denton City Hall Y 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DE TON Meeting Agenda Tuesday, May 5, 2020 City Council 2:00 PM Work Session Room WORK SESSION BEGINS AT 2:00 P.M. IN THE WORK SESSION ROOM REGULAR MEETING BEGINS AT 6:30 P.M. IN THE WORK SESSION ROOM Note: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth, and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor and Paul Meltzer will be participating in the closed meeting, work session, and regular meeting via video/teleconference. REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Due to COVID-19 precautions, members of the public will not be able to attend the May 5 City Council meeting in-person. To accommodate and receive input on agenda items, citizens will be able to participate in one of the following ways (NOTE: Other than public hearings, citizens are only able to comment one time per agenda item; citizens cannot use both methods to comment on a single agenda item. Public comments are not held for work session reports.): • Virtual White Card — On May 1, the agenda was posted online at www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to the Virtual White Card, an online form, will be made available under the main heading on the webpage. Within this form, citizens may indicate support or opposition and submit a brief comment about a specific agenda item. Comments may be submitted up until the start of the meeting, at which time, the Virtual White Card form will be closed. Similar to when a citizen submits a white card to indicate their position on the item, these comment forms will be sent directly to City Council members and recorded by the City Secretary. City Council Members review comments received in advance of the meeting and take that public input into consideration prior to voting on an agenda item. The Mayor will announce the number of Comment Cards submitted in support or opposition to an item during the public comment period. Comments will not be read during the meeting. The City Secretary will reflect the number of comments submitted in favor/opposition to an item, the registrant's name, address, and (summary of) comments within the Minutes of the Meeting, as applicable. OR • By phone — Citizens wishing to speak over the phone during this Council meeting, may call (940) 349-7800 beginning 30 minutes prior to the meeting start time. Comments by phone will be accepted until the item is opened for discussion by the Council. When the call is initially received, a staff member will receive the caller's information and either: 1) offer to call the citizen back when it is time for them to speak, or 2) record the caller's information, support or opposition, and comment. If the caller chooses to record their support or opposition, rather than speaking during the meeting, the Mayor will announce the number of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the voice of each caller will be broadcast into the meeting during the public commenting time of their desired agenda item. Individuals will be able to comment once per agenda item, no matter the method. Page 1 Printed on 5/6/2020 City Council Meeting Agenda May 5, 2020 • At regular meetings only, citizens can speak on any topic that is not on the agenda (Open Microphone). Alert the call taker if you wish to speak under the Open Microphone category. If you would like to give a public report, see the information below. After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, May 5, 2020, at 2:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on any item listed on the Consent Agenda prior to its consideration. Each speaker will be given a total of three (3) minutes to address any item(s). Any person who wishes to address the City Council regarding these items may do so by utilizing the "By Phone" registration process as referenced under the REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL detailed at the beginning of this agenda. Registration is required prior to the time the City Council considers this item. Registrants may call in and remain on hold or receive a call back at the time the Work Session is called to Order and are encouraged to ensure they remain accessible to accept the call. 2. Requests for clarification of agenda items listed on this agenda. 3. Work Session Reports A. ID 20-832 Receive reports, hold discussions, and give staff direction on the following with respect to Green Tree Estates: 1. Actions taken, and expenditures made, by the City in accordance with the Mayor's Declaration of Disaster and Ordinance No. 19-2784 as modified; 2. Existing site conditions; 3. Code compliance observations, issues, and resolutions; 4. Extension of the declaration of disaster and temporary water provision beyond May 22, 2020; 5. Water, infrastructure improvement options; and 6. Alternative housing solutions for the residents. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation Exhibit 3 — March Communication to Green Tree Estates Residents and Properl B. ID 20-863 Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton's COVID-19 response. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation C. ID 20-731 Receive a report, hold a discussion, and give staff direction regarding the 2019-20 Audit Plan. Page 2 Printed on 5/6/2020 City Council Meeting Agenda May 5, 2020 Attachments: Exhibit 1 - Agenda Information Sheet. Exhibit 2 - Presentation Exhibit 3 - Agenda Information Sheet 12-17-19 Exhibit 4 - Agenda Information Sheet 1-07-20 Exhibit 5 - Ordinance 20-022 Exhibit 6 - December Audit Plan Presentation Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1. Closed Meeting: A. ID 20-921 Consultation with Attorneys- Under Texas Government Code Section 551.071. Consultation, discussion, deliberation, and receipt of a report, hold a discussion, and give staff direction regarding an update to the City of Denton's COVID-19 response, and to provide the City's attorneys with direction, where a public discussion of these legal matters would clearly 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. B. ID 20-922 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consultation with the City's attorneys regarding legal issues associated with the City's activities and actions related to Green Tree Estates, its residents, and property owners and the Declaration of Disaster and associated Council action affecting the same where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in negotiations, potential litigation, or administrative proceedings. Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (the `Public Power Exception'). The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. NOTE: Any item for which a formal action at the Regular Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting, at the Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council. Page 3 Printed on 5/6/2020 City Council Meeting Agenda May 5, 2020 REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL AT 6:30 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, 215 E. MCKINNEY STREET, DENTON, TEXAS AT WHICH THE FOLLOWING ITEMS WILL BE CONSIDERED: 1. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Reports from members of the public shall be received through the following two (2) methods. A total of up to seven (7) speakers are permitted to provide public comment and may include any combination of prior registration and open microphone speakers. 1) Pre -registration. This section of the agenda permits any person who has registered in advance to make a citizen report regarding a public business item he or she wishes to be considered by the City Council. Each speaker is allowed a maximum of four (4) minutes to present their report. At the conclusion of each report, the City Council may pose questions to the speaker or may engage in discussion. If the City Council believes that a speaker's report requires a more detailed review, the City Council will give the City Manager or City Staff direction to place the item on a future work session or regular meeting agenda and advise staff as to the background materials to be desired at such meeting. 2) Open Microphone. This section of the agenda permits any person who has not registered in advance for a citizen report to make comments about public business items not listed on the agenda. Such person(s) shall have registered using the "Virtual White Card" or `By Phone" process outlined by the City on its website or meeting notice. During open microphone reports under this section of the agenda, the Council may listen to citizens speak. However, because notice of the subject of the open microphone report has not been provided to the public in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal to place the item on a future agenda; a statement of factual policy; or a recitation of existing policy. Council Members may not ask the open microphone speakers questions or discuss the items presented during open microphone reports. NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City Secretary 24 hours prior to the meeting. 2. CONSENT AGENDA Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A — N). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent Agenda Items will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. ID 20-680 Consider adoption of an ordinance of the City of Denton approving a consent to assignment of an Airport Lease between Tony A. Riley and James W. Huff and Nancy Huff, covering property at 4710 Lockheed, Denton, Texas at the Denton Enterprise Airport; and providing an effective date. Page 4 Printed on 5/6/2020 City Council Meeting Agenda May 5, 2020 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Site Map Exhibit 3 - Request to Assign Exhibit 4 - Ordinance B. ID 20-841 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and CASA of Denton County to provide Community Development Block Grant funds for improvements to the facility at 604 and 610 North Bell Avenue, Denton, Texas; authorizing the expenditure of funds not to exceed $40,000.00; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 — CASA Ordinance -Agreement C. ID 20-842 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Grace Like Rain Inc. to provide Community Development Block Grant funds for pre -development costs for the construction of a community village in Denton, Texas; authorizing the expenditure of funds not to exceed $80,932; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 — Grace Like Rain Ordinance -Agreement D. ID 20-843 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Habitat for Humanity of Denton County to provide Community Development Block Grant funds for acquisition of a minimum of four single-family lots; authorizing the expenditure of funds not to exceed $220,000.00; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - HfHDC Ordinance -Agreement E. ID 20-867 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with Siddons-Martin Emergency Group, LLC, through the Buy Board Cooperative Purchasing Network Contract # 571-18, for the purchase of associated equipment for Pierce Velocity TM Pumper Engine for the Fire Department; providing for the expenditure of funds therefor; and providing an effective date. (File 7339 - awarded to Siddons-Martin Emergency Group, LLC, in the amount of $109,399.87). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Quote Exhibit 3 - LLC Members Exhibit 4 - Ordinance F. ID 20-868 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, rejecting any and all competitive proposals under RFQ 7196 for professional services for the preparation of a Comprehensive Plan Evaluation Report and to update the Page 5 Printed on 5/6/2020 City Council Meeting Agenda May 5, 2020 Comprehensive Plan; and providing an effective date (RFQ 7196). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance G. ID 20-869 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or his designee, to utilize a contract through the City of Arlington, for the Airfield Vegetation Management Program at Denton Enterprise Airport, as awarded by the City of Arlington IFB #20-0032; providing for the expenditure of funds therefor; and providing an effective date (File 7333 - awarded to Nexus Solutions USA, Inc. in the not -to -exceed amount of $130,000). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Price Sheet Exhibit 3 - Ordinance H. ID 20-870 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Agreement with the University of North Texas, under the Government Code, Chapter 791.001, to authorize City of Denton contracts for the purchase of gymnasium rental space for the Parks and Recreation Department; authorizing the expenditure of funds therefor; and declaring an effective date (File 7337 - award an Interlocal Cooperative Purchasing Agreement with the University Of North Texas, for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $225,000). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract I. ID 20-881 Consider adoption of an Ordinance of the City of Denton repealing and replacing Chapter 30, titled "Flood Prevention and Protection," of the Denton Code of Ordinances; providing a repealer clause; providing for penalties; providing for codification; providing a severability clause; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Chapter 30 Flood Prevention and Protecti( Exhibit 2 - Floodplain Ordinance Exhibit 3 - Chapter 30 redline Exhibit 4 FEMA letter to City of Denton dated December 19, 2019 Exhibit 5 FEMA letter to City of Denton dated March 16, 2020 Exhibit 6 Flood Damage Prevention Ordinance (FEMA Model Ordinance) J. ID 20-882 Consider adoption of an ordinance approving a grade -separated road crossing Preliminary Engineering Contract by and between the City of Denton and the Kansas City Southern Railroad Company (KCSRR) relating to the widening and realignment of Hickory Creek Road within the railroad right-of-way located at KCSRR Mile Post 99.54, within the County and City of Denton, Texas; providing for the expenditure of funds (the initial estimate is $20,000.00 for Preliminary Engineering; the City will receive a final invoice upon completion of the work); and providing an effective date. Page 6 Printed on 5/6/2020 City Council Meeting Agenda May 5, 2020 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - ORD & AGRMNT Exhibit 3 - Presentation K. ID 20-884 Consider approval of the minutes of April 21, 2020. Attachments: Exhibit 1 - April 21, 2020 - Minutes L. ID 20-923 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, confirming the effective period of the declared state of local disaster; superseding and replacing the Third Order of Council of the City of Denton issued April 30, 2020 approved by Ordinance 20-873; confirming and authorizing the expenditure of funds; providing a repealer clause; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Draft Ordinance and Order of Council Exhibit 3 - Ordinance 20-873 M. ID 20-928 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, approving First Amendment of Lease between the City and 4SR Mulberry, LLC, a Texas limited liability company, related to a Building Lease Agreement for properties located at 215 W. Hickory St. and 216 W. Mulberry St., Denton, Texas; providing authority for the City Manager to execute the amendment; and, providing an effective date. Attachments: Exhibit 1 - AIS Exhibit 2 - Ordinance N. ID 20-930 Consider adoption of an ordinance of the City of Denton approving and authorizing the City Manager or his designee to sign a Second Amendment to Medical Office Building Lease by and between Columbia Medical Center of Denton Subsidiary, L.P. and the City of Denton for the continued use and occupancy of the premises at 3535A-1 South 1-35E Denton, Texas by the City of Denton Fire Department; authorizing the City Manager to sign a letter agreement related to the same property for a two month rent abatement and two month lease extension; authorizing the expenditure of funds therefor; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet (002) Exhibit 2 - Ordinance with 2nd Amendment to Lease Exhibit 3 - Rent Abatement Lease Amendment Letter 3. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 20-616 Consider approval of a resolution supporting the Texas Department of Transportation's proposal for the removal of certain roadways from the state highway system within the City of Denton; and providing for an effective date. Page 7 Printed on 5/6/2020 City Council Meeting Agenda May 5, 2020 Attachments: Exhibit 1 - Agend Information Sheet MOU Exhibit 2- TxDOT Turnback Resolution Exhibit 3 - Presentation TurnBack MOU B. ID 20-744 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or his designee, to select a vendor to provide the City with, to purchase, and to execute an agreement for, generation utility plant forced outage insurance; authorizing the expenditure of funds; and, providing an effective date (RFP No. 7306 -awarded to selected vendor in a not -to -exceed amount of $800,000 for DEC Forced Outage Insurance). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation Exhibit 3 - Ordinance C. ID 20-920 Consider approval of a resolution creating an Interim Municipal Utility District (MUD) Policy for the City and the Extraterritorial Jurisdiction (ETJ); and providing for an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Interim Draft Resolution Exhibit 3 - Resolution Exhibit A - Interim MUD Policy 4. PUBLIC HEARING(S) A. Z20 -0001b Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a change in the zoning district and use classification from the Residential 2 (R2) zoning district and use classification to the Mixed -Use Neighborhood (MN) zoning district and use classification; on approximately 3.46 acres of land located on the northeast side of I-35, approximately 196 -feet northwest of Thunderbird Drive, in the City of Denton, Denton County, Texas; adopting an amendment to the city's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval with conditions (5-0) (Z20-0001, I-35 Offices, Cindy Jackson) Page 8 Printed on 5/6/2020 City Council Meeting Agenda May 5, 2020 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Site Location Map Exhibit 4 - Existing Zoning Map Exhibit 5 - Proposed Zoning Map Exhibit 6 - Future Land Use Map Exhibit 7 - Concept Plan Exhibit 8 -1-35 Schematic Exhibit 9 - Notification Response Map Exhibit 10 - Draft Planning and Zoning Commission Meeting Minutes Exhibit 11 - Staff Presentation Exhibit 12 - Draft Ordinance Exhibit 13 - Ordinance Exhibit A Exhibit 14 - Ordinance Exhibit B 5. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics, above posted. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the 1 st day of May, 2020 at 5:49 p.m. CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1 -800 -RELAY -TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page 9 Printed on 5/6/2020 City Council Meeting Agenda May 5, 2020 Page 10 Printed on 5/6/2020 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 20-832, Version: 1 AGENDA CAPTION Receive reports, hold discussions, and give staff direction on the following with respect to Green Tree Estates: 1. Actions taken, and expenditures made, by the City in accordance with the Mayor's Declaration of Disaster and Ordinance No. 19-2784 as modified; 2. Existing site conditions; 3. Code compliance observations, issues, and resolutions; 4. Extension of the declaration of disaster and temporary water provision beyond May 22, 2020; 5. Water, infrastructure improvement options; and 6. Alternative housing solutions for the residents. City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton - �� City Hall 215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: City Manager's Office CM/ DCM/ ACM: Mario Canizares, Deputy City Manager DATE: May 5, 2020 SUBJECT Receive reports, hold discussions, and give staff direction on the following with respect to Green Tree Estates: 1. Actions taken, and expenditures made, by the City in accordance with the Mayor's Declaration of Disaster and Ordinance No. 19-2784 as modified; 2. Existing site conditions; 3. Code compliance observations, issues, and resolutions; 4. Extension of the declaration of disaster and temporary water provision beyond May 22, 2020; 5. Water, infrastructure improvement options; and 6. Alternative housing solutions for the residents. BACKGROUND The owner and operator of a water well at Green Tree Estates previously provided water to Green Tree Estates residents. On or about the middle of October, the Owner informed the City and water customers that he will stop operating the well Nov. 15, 2019 — eliminating the only source of water for these customers. This cessation was enacted, as anticipated, on Nov. 15. Neither the City nor the Owner required connection of Green Tree Estates to the City system. The Owner was given the option to connect and elected not to. Prior to Cessation Prior to cessation, the City held numerous discussions with the property owner, the Texas Commission on Environmental Quality (TCEQ), and the Public Utility Commission (PUC) of Texas to provide sufficient notification regarding the cessation of water services for the water system customers. The TCEQ maintained that the system was not a public water supply since it served less than 25 people and had less than 15 connections. The PUC maintained that the system was not a retail utility since the owner claimed he had not received payment for the water. The City has argued to the contrary, due to population estimates reported by residents and reports that water payments were made to the system Owner. In the event the system would qualify as a public system, the Owner would be required to follow a procedure the cessation of services that includes an extended notification period (no less than 120 days). Temporary Water Provision In the fall of 2019, staff evaluated alternatives and plans for temporary emergency potable and non -potable water service to Green Tree Estates. Staff proposed the provision of shower trailers and restroom facilities to be placed at Green Tree estates; however, at the Nov. 11 public meeting and Nov. 12 City Council Work Session, residents requested the City provide large water tanks for temporary, non -potable water use at each residence. In recognition of this request, Council directed staff to make large water tanks available to each residence for non -potable uses. A Declaration of Disaster was signed on Nov. 13 to allow the rapid mobilization of resources for the temporary provision of water. This Declaration was extended for 90 days and a budget was established of $100,000 by the Council on Nov. 15. The City delivered to each residence a 55 -gallon barrel on Nov. 14 and a 275 -gallon tank on of Nov. 18. Residences of 4 or more received a second 275 -gallon tank on Nov. 20. The City is refilling the barrels and tanks at each residence three times per week. Beginning February 13, 2020, residents were to be charged (on a monthly basis) $20.59 for one container and $37.75 for two containers. Additionally, the City procured potable water in one -gallon containers for use by the residents of Green Tree when requested. Prior to the expiration of the declaration of disaster on Feb. 12, 2020, the City Council gave direction at the Feb. 4, 2020 work session that it would extend the declaration of disaster by 100 days. This would allow the City to continue providing non -potable and potable water to Green Tree Estates residents through May 22, 2020. At that meeting the Council requested staff: • Work with residents and encourage voluntary courtesy inspection of properties to correct issues that would prevent connection to the City of Denton water system; • Provide additional information to residents and property owners regarding septic requirements; and • Provide additional information to residents regarding the costs of connecting to the City of Denton water system. Staff subsequently delivered additional information to the City Council at their February 18 Work Session regarding on-site sewer system requirements for Green Tree Estates properties and cost options for extending an existing water main on Evening Wind Road to the Green Tree Estates neighborhood boundary. The cost estimates presented on February 18, which continue to be the current estimates, are below. For connection to the City water system to occur, each Green Tree Estates connection must have a means to dispose of waste water. Based on state statute, and the date of the Green Tree Estates plat, all lots within the Green Tree Estates neighborhood would be able to operate, maintain, and repair existing On -Site Sewage Facilities (OSSFs/septic systems). Installation of new OSSFs are allowed, but it is important to note that they must still conform with all applicable separation distance requirements. Depending on the lot size, it may be challenging for a new system to meet all technical requirements in 30 TAC Ch. 285. Smaller lot sizes also reduce the area in which new water lines can be placed without violating distance requirements. Current Status: As of May 1, no voluntary courtesy inspections have been requested by the residents/property owners nor performed by the City. Habitat for Humanity performed inspections on several of the owner -occupied properties; however, aside from knowledge that some minor repairs were recommended to the residents, details of those inspections were not provided to the City. Line Tap, Line Tap, Number of Tap, Meter, Valve, Main Total per Numberof Tap, Meter, Valve, Main Total per Meters Impact Fee Line Dwelling Meters Impact Fee Line Dwelling 14 $6,938 $657 $7,596 7 $6,938 $1,315 $8,253 13 $6,938 $708 $7,646 6 $6,938 $1,5341 $8,472 12 $6,938 $767 $7,705 5 $6,938 $1,8411 $8,779 11 $6,938 $837 $7,775 4 $6,938 $2,301 $9,239 10 $6,938 $920 $7,859 3 $6,938 $3,068 $10,006, 9 $6,938 $1,023 $7,961 2 $6,938 $4,602 $11,540 8 $6,938 $1,151 $8,089 1 $6,938 $9,204_ $16,143 For connection to the City water system to occur, each Green Tree Estates connection must have a means to dispose of waste water. Based on state statute, and the date of the Green Tree Estates plat, all lots within the Green Tree Estates neighborhood would be able to operate, maintain, and repair existing On -Site Sewage Facilities (OSSFs/septic systems). Installation of new OSSFs are allowed, but it is important to note that they must still conform with all applicable separation distance requirements. Depending on the lot size, it may be challenging for a new system to meet all technical requirements in 30 TAC Ch. 285. Smaller lot sizes also reduce the area in which new water lines can be placed without violating distance requirements. Current Status: As of May 1, no voluntary courtesy inspections have been requested by the residents/property owners nor performed by the City. Habitat for Humanity performed inspections on several of the owner -occupied properties; however, aside from knowledge that some minor repairs were recommended to the residents, details of those inspections were not provided to the City. After the February 4 Council Work Session, City staff began enforcement proceedings against unoccupied, substandard structures in the neighborhood. As of May 1, 13 structures have received permits for demolition with 10structures having been demolished. City staff provided an abundance of information in English and Spanish to Green Tree Estates residents and property owners in early March. This communication included information on on-site sewage systems, inspection information, FAQs, and the steps and costs of connecting to the City of Denton Water system. This communication is attached an exhibit to this agenda item. The City also planned two neighborhood outreach events in the Spring to gather property information and to discuss connection on a one-on-one basis with residents. Unfortunately, due to the COVID-19 pandemic and associated restrictions, those events were cancelled. Temporary non -potable water continues to be provided three times per week to each occupied residence. While billing continues, and payments are accepted, the city is not discontinuing water provision for non-payment. This is in keeping with the current Order of Council related to the COVID-19 pandemic. As of May 1, no Green Tree Estates property owners have requested to connect to the City of Denton water system. The current declaration of disaster will expire on May 23, 2020. On that date, temporary water service to the residences will cease and the city will lose its ability to lawfully access properties to deliver water. Below is a listing of known property owners and residents in the Green Tree Estates neighborhood: ID Taxpayer (Owner) HS Address Legal Acres Appraised Val Owner - Occupied Name: Owner/Renter 20400 JEFFERY, VIRGINIA RUTH TRUST No 4010 HILLTOP LN 76208-6715 0.1721 $20,340 Ednna Guajordo 20403 (CO) GOVAN, EARL No 4003 HILLTOP LN 76208-6714 0.2548 $8,458 Lupe Lazarin 20406 VILLARREAL, OSIEL & GLADIS No 4011 HILLTOP LN 76208-6714 0.1721 $10,836 x Gladis Sato 20407 PEREZ, RENE & BARBARA No 4015 HILLTOP LN 76208-6714 0.1721 $7,024 Lupe Lazarin 20410 (CO) GOVAN, EARL No 4002 HICKORY LN 76208-6716 0.179 $11,937 Tracy Owens 20349 PEVEHOUSE, JONATHAN R No 4008 HICKORY LN TX 76208-6716 0.1721 $56,228 x Jonathan Pevehouse 20356 NICKLESS, ROBERT W Yes 14016 HICKORY LN TX 0.17221 $7,513 x Robert Nickless 20416 NICKLESS, REESE No 4009 HICKORY LN 76208-6717 0.1721 $3,750 x Reese Nickless 20413 RODDY, DONALD PIERCE No 6502 WILLOW LN TX 76208-6712 0.1924 $10,490 Thomas Smith 20419 VENCES, ORALIA No 6514 WILLOW LN TX 76208-6712 0.1721 $8,128 Nancy Salazar 20423 SALDANA, HOMERO No 6509 WILLOW LN TX 76208-6713 0.2617 $7,978 x HomerSaldana 20428 SALDANA, HOMERO No 6509 WILLOW LN 76208-6713 0.1721 $11,582 Elva Hernandez ORALIA INo 14007 MEADOW LN TX 76208-6710 1 0.17211 $8,300 MVENCES, RODDY, DONALD PIERCE INo I MEADOW LN 1 0.20661 $4,013 1 jAlfredo Contreras RECOMMENDATION Based on the impact of the COVID-19 pandemic on the community and recognizing that the residents and property owners may have suffered financial and/or other difficulties that have impacted their ability to proceed with plans for connection, staff is recommending that the City Council extend the declaration of disaster through July 31, 2020. This would provide additional time for the residents to arrange resources to connect to the City system. Additionally, in recognition of the City Council's desire to receive firm commitment from property owners and the uncertainty express from property owners over the variable costs associated with the extension of the water main on Evening Wind Road, staff recommends that the City use its spending authority provided under the declaration of disaster to cover the $9,204 cost of extending the water main, provided the following milestones are met by one or more Green Tree Estates property owners: June 12: Building Inspections complete courtesy inspections on properties that intent to connect to the City water system. Prior to that time, residents would work with Habitat for Humanity, Serve Denton, etc. to make any needed repairs to structures. July 3: Residents pay to the City the $6,938 Tap, Meter, and Impact Fee. This triggers the City covering the $9,204 Line Tap, Valve, Main Line costs and making the installation. July 17: Meters are set for those for those that have paid the Meter, Tap, and Impact fee. July 24: Residences are connected to the City's water system July 31: Emergency Declaration ends at 11:59 p.m. Temporary water delivery ends This would provide a firm deadline for action by the residence while increasing the cost -certainty of connecting to the City system. FISCAL INFORMATION If the City's recommendation is accepted, the potential financial impact to the City would be an estimated $9,204 for the main line extension and an additional estimated $13,000 (for the temporary provision of water from May 23 through July 31). As of April 24, a total of $49,542.07 has been expended under the Green Tree Estates declaration of disaster. PRIOR ACTION Nov. 15, 2019 — Declaration of Disaster Dec. 10, 2019 — Council Work Session discussion and direction Feb. 4, 2020 — Extension of Declaration of Disaster; Council Work Session discussion and direction Feb. 18, 2020 — Council Work Session discussion and direction EXHIBITS Exhibit 1 — Agenda Information Sheet Exhibit 2 — Presentation Exhibit 3 — March Communication to Green Tree Estates Residents and Property Owners Respectfully submitted: Ryan Adams Deputy Director of Public Affairs/IGR BIg jo I WARM";- y • � -���. aim Axl � - aL f M� look "IV m Today • Review of Feb. 4, Feb. 18 Work Sessions and Resident Meetings • Status Update • Steps to Connect to City Water System • Issues to Consider and Recommendations DENTON Summary of Feb. 4, Feb. 18 Work Sessions • City: 1. Extended Declaration of Disaster by 100 days 2. Continue provision of potable and non -potable water through May 22 • To be billed to residents beginning Feb. 13 3. Offer voluntary courtesy inspections and provide code compliance information 4. Address life, safety, and health issues with non -occupied structures DENTON Status of Green Tree Estates • Courtesy Inspections • None requested or performed by City • In early March, Habitat for Humanity performed some inspections on owner -occupied properties (details/results unknown) • Substandard Structure Remediation • 13 Applications for Demolition, 10 demolished 407".. DENTON Status of Green Tree Estates • Connecting to the City System • Staff distributed information on the steps to connect in early March • Staff has not received any requests to connect • Neighborhood Outreach • March communication: Connection, OSSFs, FAQs, Inspection Info, etc. • Planned on-site outreach cancelled due to COVID-19 concerns, order _.6w7L _� DENTON Steps to Connect • Provided to residents: • Step by Step list • Illustrative Graphic • Outlined sequence and estimated costs (to the City) to connect. DEGreen Tree Estates Connections to Denton Water System Owner occupied c Ir you own the property and live on that property, state law allows you to e perform your own plumbing work on that proper ty. City permits and i inspections will stili be required. i 4 z ros Cr 0 M m� io �o � 7 i tl Rented ___ - 1 ----- I water - Line -s , 11 Extended=w_ater Main From the Meter to the Residents 0 Property owners are responsible for connecting the meter to the residents. Worts must he permitted and inspected by the City. Costs are not paid to City. Meters 0 Meters will beset at the nelghborhood boundary. Property owners wlll pay standard City of Denton tap, meter, and impact fees_ Fees totaling 56,938 are paid to the City. Water Maln Extension 0 Ta provide water to the neighborhood, an existing water line must be extended to the neighborhood boundary_ Property owners must pay for this cost with each of the 14 property owners in green tree paying an equal share. Costs vary depending on the number of connections. Z Y i On -Site Sewage Facllitles (Septic Systems)- Prior to connection, the City must verify that a property has an off-site sewer system (septic system) in suf cent working order to treat the property's wastewater. All water lines, whether public or private lines, must be set back a certain distance from septic systems. Any property that cannot meet setback requirements cannot connect to the City of Denton water system. Fees to City (Est.) Based on Participation Number of Meters 14 13 12 11 10 9 8 Tap, Meter, Impact Fee $6,938 $6,938 $6,938 $6,938 $6,938 $6,938 $6,938 Line Tap, Valve, Main Line DENTON �01111111111� $657 $708 $767 $837 $920 $1,023 $1,151 Total per Dwelling $7,596 $7,646 $7,705 $7,775 $7,859 $7,961 $8,089 Number of Meters Tap, Meter, Impact Fee Line Tap, Valve, Main Line 7 $6,938 $1,315 6 $6,938 $1,534 5 $6,938 $1,841 4 $6,938 $2,301 3 $6,938 $3,068 2 i $6,938 $4,602 1 $6,938 $9,204 Total per Dwelling $8,253 $8,472 $8,779 $9,239 $10,006 $11,540 $16,143 PRIVATE 0 z CL Q J T =�-N IIS R it- F'Z, ROLLr G GRE z J [TOLL"NC_a GREEN I - Owner Occupied Renter Occupied r z CL Q J T =�-N IIS R it- F'Z, ROLLr G GRE z J [TOLL"NC_a GREEN I - Owner Occupied Renter Occupied COVID-19 (mid-March to present) • Lost some momentum • Stay at Home Order: March 25 — April 30 • Could impact ability to deliver water if employees are unavailable: • Illness, Quarantine • Any City inspections can be performed: • Remotely • On-site (with proper social distancing) 407" & DENTON Staff Recommendation • Extend Declaration to July 31, 2020 • Waive $9,204 cost of line extension, provided: • June 12 — City Customer Service Inspections are completed • July 3 — Property owners pay $6,938 tap, meter, and impact fee • July 17 — Meters are set for those for those that have paid city fees • July 24 — Residences are connected to the City's water system • On July 31, emergency declaration and temporary water service ends • Connected residences become normal water customers 4 07L . L. 0 DENTON May 4 Meeting with Residents • Residents report hardships due to COVID-19 • Financial hardships • Employment hardships • Residents assert that they were demonstrating progress • Inspections by Habitat 407".. DENTON Green Tree Estates Preferred Timeline • Extend declaration through May 22, 2021: • September 22, 2020 — Customer Services Inspections are completed • March 22, 2021 — Property owners pay $6,938 Tap, Meter, & Impact Fee • April 2021 — Meters are set for those for those that have paid City fees • April 2021 — Residences are connected to the City's water system • May 22, 2021 — Emergency Declaration ends at 11:59 p.m. • Staff estimates this would require $45,000 in additional funding 470" DEEL I Alternative Solution • Extend declaration through Nov. 13, 2020: • June 2020 — Customer Services Inspections are completed • Oct. 5, 2020 — Property owners pay $6,938 Tap, Meter, & Impact Fee • Oct. 23, 2020 — Meters are set for those for those that have paid City fees • Nov. 13, 2020 — Residences are connected to the City's water system • Nov. 13, 2020 — Emergency Declaration ends at 11:59 p.m. • Can be accomplished within current $100,000 spending authority • Estimated 7.5 months of capacity if City pays for water main extension DE� � � I In Summary • Water delivery service is still being provided through May 22 is Utility billing are still being accepted and are ongoing • Water disconnections are currently prohibited for non-payment • City is addressing non -occupied substandard structures • City has not been requested to inspect occupied properties • City has a plan for connection and is ready to connect _P" DENTON Direction from Council • Extension disaster declaration: • Estimated total cost through May 22: $56,000 • Estimated total cost with extension through July 31: $69,000 • Estimated length of time to exhaust $100,000: • Mid -Nov with line extension • Mid -Dec without line extension • Waiving of line extension costs if benchmarks met • Any other actions requested of staff 407L. DE - Public Affairs Department `OF' 215 E. McKinney St., Denton, TX 76201 • (940) 349-8565 DENTON March 3, 2020 NOTICE TO GREEN TREE ESTATES Dear Green Tree Estates Resident or Property Owner: On Feb. 4 and Feb 18, 2020, the Denton City Council discussed the provision of water to the residents of Green Tree Estates. We have provided the enclosed Frequently Asked Questions list (along with attachments) that we hope provides greater detail regarding the ongoing provision of temporary water service and permanent connection to the City of Denton water system The City Council encouraged Green Tree Estates property owners to take advantage of the voluntary courtesy inspections offered by the City of Denton and to notify City staff if they intend to connect to the City of Denton water system prior to April 21, 2020. Neighborhood Outreach City of Denton staff will be on-site at Green Tree Estates to answer resident and property owner questions regarding temporary water provision and connection to the City of Denton water system. A Spanish language translator will accompany City staff. Saturday, March 21, 2020 Beginning at 10:00 a.m. Saturday, April 18, 2020 Beginning at 10:00 a.m. City staff will visit each residence, answer any questions that residents and property owners have, and ask general questions to better understand the needs of each property. If you are unavailable on either of these dates, please call or email using the contact information below and staff will meet you at a time of your convenience. You may also request a separate meeting time through LULAC, Movimiento Cosecha, or another group. Please direct questions via email to Ryan Adams, Deputy Director of Public Affairs, at Ryan.Adams(kcityofdenton.com or call (940) 349-8565. Questions in Spanish may be directed to Deborah Viera at Deborah.Viera(kcityofdenton.com or (940) 349-7162. OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 Departamento de Asuntos Publicos ' 215 E. McKinney St., Denton, TX 76201 • (940) 349-8565 41.F5 DENTON 3 de marzo de 2020 AVISO A GREEN TREE ESTATES Estimado residente o propietario de Green Tree Estates: El 4 y el 18 de febrero de 2020, el Consejo Municipal de la Ciudad de Denton discuti6 el suministro de agua a los residentes de Green Tree Estates. Hemos proporcionado la lista adjunta de preguntas frecuentes (junto con los anexos) que esperamos proporcione mayores detalles sobre la prestaci6n continua del servicio de agua de la Ciudad de Denton. El Consejo Municipal invit6 a los propietarios de Green Tree Estates a aprovechar las inspecciones de cortesia voluntarias ofrecidas por la Ciudad de Denton y a notificar al personal de la Ciudad si tienen la intenci6n de conectarse al sistema de agua de la Ciudad de Denton antes del 21 de abril de 2020. Extensi6n del vecindario El personal de la Ciudad de Denton estard en Green Tree Estates para responder a las preguntas de los residentes y propietarios sobre el suministro temporal de agua y la conexi6n al sistema de agua de la Ciudad de Denton. Un traductor del idioma espanol acompanard al personal de la Ciudad. sabado, 21 de marzo de 2020 a partir de las 10:00 a.m. sabado, 18 de abril de 2020 a partir de las 10:00 a.m. El personal de la Ciudad visitard cada residencia, responders a cualquier pregunta que tengan los residentes y los propietarios, y hard preguntas generales para entender mejor las necesidades de cada propiedad. Si usted no estd disponible en alguna de estas fechas, llame o envie un correo electr6nico utilizando la informaci6n de contacto que aparece a continuaci6n y el personal se reunird con usted en el momento que le resulte mds conveniente. Tambi6n puede solicitar una cita separada a trav6s de LULAC, Movimiento Cosecha, a otro grupo. Dirija sus preguntas por correo electr6nico a Ryan Adams, Subdirector de Asuntos Publicos, a Ryan.Adamskcityofdenton.com o llame al (940) 349-8565. Las preguntas en espanol pueden dirigirse a Deborah Viera a Deborah.Viera&cityofdenton.com o al (940) 349-7162. NUESTROS VALORES FUNDAMENTALES Integridad • Responsabilidad fiscal • Transparencia • Excelente servicio al cliente ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 Green Tree Estates March 3, 2020 Frequently Asked Questions Relating to Feb. 3 Small Meeting and Feb 4. Council Meeting 1. How long will the City continue provide temporary water to the residents of Green Tree Estates? On Feb. 4, 2019, the Denton City Council formally extended the Declaration of Disaster for Green Tree Estates. This extension allows the City of Denton to continue fill the City -provided water containers, as a billed service, at Green Tree Estates residences with non -drinkable three times per week through May 22, 2020. The City will also keep drinkable water available for pick up at the City's warehouse (see attached flyer). 2. What information does the City request from residents and property owners? At the Dec. 10, 2019 City Council meeting, the Denton City Council requested the residents and property owners provide additional information regarding the properties at Green Tree Estates. Going forward City staff requests resident and property owner assistance in confirming, among other information: • Which Green Tree Estates properties are rented, and which are owner -occupied; • Confirmation of the owner of each occupied Green Tree Estates property; and • Confirmation of which property owners intend to connect to the City of Denton water system (see attachment for the Steps to Connect to the City Water system). This information will assist the City in planning for and managing future connections to the City water system. The City of Denton will reach out to residents directly, through both the mail and onsite visits, to help confirm this information. Residents are asked to open and carefully read any mail from the City of Denton. 3. What are the costs to connect to the City of Denton water system? There are three categories of costs to connect to the City water system: Main Line, Tap, and Valve Charge. The water line that would serve Green Tree Estates residents does not currently extend to the Green Tree Estates neighborhood boundary. The main line, tap, and valve costs would cover all work to extend the water line from its current location to the boundary. By ordinance, these costs must be paid for by the Green Tree Estates residents who connect to the city system. The specific cost depends on the number of connections to properties (please see attached chart). For instance, if a few properties connect, the cost per property would be higher than if 14 properties connected. Costs are paid to the City of Denton. Tap, Meter, and Impact Fee. These fees allow the meter (the device that measures the amount of water used by a customer) to be placed on the Green Tree Estates neighborhood boundary. Each customer will receive one meter. The fees are standard City fees that would be paid by any person wishing to connect to the City of Denton anywhere in the City. Fees are paid to the City of Denton (please see attached chart). • Private Connection to the Meter. Once a meter is placed at the neighborhood boundary by the City, the property owner must connect it to the residence. The City does not perform or manage this process; however, this work will be required to be permitted and inspected. Typically, this work is performed by a licensed plumber hired by the property owner, though a licensed plumber is not required for all the work and property owners may find various ways to reduce costs. Cost Estimates: Main Line, Tap, and Valve Charge: See attached chart. Tap, meter and Impact Fees: $6,938 per meter Private Connection: Variable. In addition to the cost chart, staff has attached a graphic to help illustrate the different costs to connect to the City water system. 4. Will the city accept a payment plan for the cost of the meter, impact fee, etc.? No. The Code of Ordinances requires meter, impact, etc. fees to be paid prior to the installation of the meter. 5. Who can conduct the trenching and make the plumbing connections? Any plumbing work must be permitted and inspected by the City. A person who owns the property that they reside on may perform the plumbing work on that property, though any owner -occupied work must be permitted and inspected prior to concealment or connection. Any work done on rental property, must be permitted, performed by a licensed plumber, and inspected by the City. Trench digging is not addressed in the plumbing code and does not have to be performed by a licensed plumber, so long as it conforms with the City code requirements. The City requests that residents and property owners consult the City regarding what work may or may not need to be performed by a licensed plumber. 6. Does the City have a list of licensed plumbers that can be contacted for plumbing work? The City can provide residents and property owners a list of all licensed plumbers who are registered with the City. 7. What inspections should property owners or residents expect if they choose to connect to the City of Denton water system? In accordance with State law, the City's Building Safety department will conduct a Customer Service Inspection (CSI). A CSI is an examination of the private water distribution facility for the purpose of providing or denying water service. The inspection is limited to the identification and prevention of cross -connections, potential contaminant hazards, and illegal lead materials. Customer service inspections are completed before providing continuous water service to new construction, on any existing service where there is reason to believe that cross -connections or other potential contaminant hazards exist, or after any material improvement, correction, or addition to private water distribution facilities. A CSI inspection is required to be performed by a licensed inspector. The City of Denton inspection staff is licensed in accordance with State law and is the inspection is included as portion of the plumbing inspection processes. As part of the Customer Service Inspection, property owners must also prove that the property has a functioning sewage disposal system. The City does not perform on-site inspections; this function is performed by an independent TCEQ licensed On -Site Sewage Facilities (OSSF) Professional. The City's Building Safety department will verify if any life safety concerns exist; a. Exposed electrical connections b. Propane or natural gas connections c. Venting of propane or natural gas appliances d. General overview of potential hazards which may result in serious injury or death 8. What happens if a residence does not make a connection to the City of Denton water system? Residential dwellings are required to have basic elements; water, sewage, electrical and a means to condition the space being occupied (heat). Residential structures which do not include these basic elements can be considered unsafe and uninhabitable. 9. Do I need to be concerned with my septic system? All properties that are connected to the City of Denton water system must have a way to dispose of waste water. This is required to protect the public from pollutants. While most properties in the City of Denton are connected to the City's sewer system, others have on-site sewage facilities — mostly through a septic system. Conventional septic systems, also called anaerobic systems, are wholly underground and operate by gravity, so electricity is rarely required. Aerobic systems actively treat and pump the treated wastewater to the drain field, which requires electricity. Both systems (whether anaerobic or aerobic) should be maintained regularly by a state -licensed professional. Without appropriate maintenance, a system can malfunction causing possible exposure of untreated waste water to drinking water sources. It is the owner's responsibility to keep a septic effectively operating and to prevent any malfunction. If a residence is not currently served by a septic system, the City of Denton may issue a permit for a new system, provided all requirements are met. Permits are also required when a malfunctioning system needs repair, alteration, or extension. Small lot sizes present challenges that may preclude a planned system from meeting all state rule requirements. If a permit application for a septic system does not meet all technical requirements, the City will not be able to issue a permit for construction. Permit fees are only paid for new permits; there are no ongoing fees. Inspections are also only conducted when a septic system is constructed, altered, repaired, or extended, or when a complaint is filed. There are no other inspections conducted by City staff on a continuing basis. NOTE: All water lines, whether public or private lines, must be set back a certain distance from septic systems. With the smaller lot sizes within Green Tree Estates, these requirements may present a challenge for property owners. Owners are encouraged to consult with a licensed plumber or licensed OSSF professional (see question below) to determine where lines must be placed to meet all septic system setback requirements. Any property that cannot meet setback requirements cannot connect to the City of Denton water system. 10. What if my septic system is not functioning? It is important to note both State law and the City's Municipal Code require residential properties to have an approved sewage disposal system. An independent TCEQ licensed On -Site Sewage Facilities (OSSF) Professional can inspect the septic system and work with the property owner to coordinate a repair. Generally, when an OSSF is found to be malfunctioning, state law requires that the owner has 30 days to return to compliance and repair the malfunction. Please see attached list of Denton County licensed OSSF Professionals from the TCEQ website https://www.tceg.texas.gov/permitting/ossf/ossfhomeowners.html. Temporary Water Service Billing (Feb. 13 — May 22) 1. What is the cost of the water per month? The City charges $0.0052 per gallon of water. Each customer will be charged for the amount of water to fill each 275 -gallon tank and 55 -gallon barrel three times per week. This equates to a monthly water charge of $20.59 for customers with one (1) 275 -gallon tank and $37.75 for customers with two (2) 275 -gallon tanks. Attached is a chart that shows the cost for each Green Tree Estates residence. 2. How and what is the process for establishing payment by GTE residents? Each property currently receiving temporary water will receive a bill through the mail for each billing period. Billing will be on a pre -pay basis and will be issued by mail. Payment may be submitted in person, by mail, or electronically. If a property does not pay their bill, they will not receive temporary water service. If a property pays their bill late, they will receive water on the next scheduled delivery day. 3. What community partners might be able to offer financial or other assistance? The City of Denton provides financial assistance information for water customers experiencing short-term financial emergencies which might prevent them for paying for utility service. This information is attached. Additionally, Habitat For Humanity and Serve Denton, two local nonprofit organizations, have expressed an interest in assisting the residents and property owners of Green Tree Estates. These organizations will contact Green Tree Estates property owners and residents directly or through LULAC or Movimiento Cosecha. Other Frequently Asked Questions 11. Will the city allow for the property owners to hire their own inspectors to conduct the inspections at the homes? No. While the property owners may request any qualified individual inspect their property at any time, independent inspectors do not represent the City and may not accurately represent City code requirements and life safety concerns. The City recommends property owners request voluntary courtesy inspections from the City of Denton to best understand deficiencies with a property. See attached information on courtesy inspections. 12. Does the City need a written plan to correct any life, safety, and health violations found through the courtesy inspections? No. The City does not require a written plan to bring a residence into compliance. The City requests that residents work with the Development Services Department in setting a plan 13. Does a backflow prevention device prevent the need for a Customer Service Inspection prior to connection to the City water system? No. Under state law, even with the presence of a backflow device the City is still required to perform a Customer Service Inspection prior to connecting to the City system. 14. Will the City waive permit fees for the residents of Green Tree Estates? No, the City does not waive permit fees without the consent of the City Council. Green Tree Estates 3 de marzo de 2020 Preguntas frecuentes Relativo a la pequena reunion del 3 de febrero y a la reunion del consejo del 4 de febrero 7 1. Cuanto tiempo continuara la Ciudad proveyendo agua temporal a los residentes de Green Tree Estates? EI 4 de febrero de 2019, el Consejo Municipal de Denton extendi6 formalmente la Declaraci6n de Desastre para Green Tree Estates. Esta extensi6n permite a la Ciudad de Denton continuar Ilenando los contenedores de agua suministrados por la Ciudad, como un servicio facturado, en las residencias de Green Tree Estates con agua no potable tres veces por semana hasta el 22 de mayo de 2020. La Ciudad tambien mantendra agua potable disponible para su entrega en el almacen de la Ciudad (consulte el folleto adjunto). z Clue informaci6n pide la Ciudad a los residentes y propietarios? En la reuni6n del Consejo Municipal del 10 de diciembre de 2019, el Consejo Municipal de Denton pidi6 a los residentes y propietarios que proporcionaran informaci6n adicional sobre las propiedades de Green Tree Estates. A partir de ahora, el personal de la Ciudad solicitara ayuda a los residentes y a los propietarios para confirmar, entre otras cosas: • Que propiedades de Green Tree Estates se rentan y cuales estan ocupadas por sus propietarios; • Confirmaci6n del propietario de cada propiedad ocupada de Green Tree Estates; y • Confirmaci6n de que propietarios tienen la intenci6n de conectarse al sistema de agua de la Ciudad de Denton (consulte el anexo para ver los pasos para conectarse al sistema de agua de la ciudad). Esta informaci6n ayudara a la Ciudad en la planificaci6n y gesti6n de futuras conexiones al sistema de agua de la ciudad. La Ciudad de Denton se comunicara directamente con los residentes, tanto por correo postal como por visitas in situ, para ayudar a confirmar esta informaci6n. Se pide a los residentes que abran y lean cuidadosamente cualquier correo de la Ciudad de Denton. z CuMes son los costos de conectar al sistema de agua de la Ciudad de Denton? Hay tres categorias de costos para conectarse al sistema de agua de la ciudad: • Cargo de linea principal, grifoy valvula. La linea de agua que serviria a los residentes de Green Tree Estates no se extiende actualmente hasta el limite del vecindario de Green Tree Estates. Los costos de la linea principal, el grifo y la valvula cubririan todo el trabajo para extender la linea de agua desde su ubicaci6n actual hasta el limite. Por ordenanza, estos costos deben ser pagados por los residentes de Green Tree Estates que se conectan al sistema de la ciudad. EI costo especifico depende del numero de conexiones a las propiedades (consulte el cuadro adjunto). Por ejemplo, si solo algunas propiedades se conectan, el costo por propiedad seria mas alto que si 14 propiedades se conectan. Los costos se pagan a la Ciudad de Denton. • Tarifa de grifo, medidor a impacto. Estas tarifas permiten que el medidor (el dispositivo que mide la cantidad de agua utilizada por un cliente) se coloque en el limite del vecindario de Green Tree Estates. Cada cliente recibira un medidor. Las tarifas son las tarifas estandar de la Ciudad que serian pagadas por cualquier persona que desee conectarse a la Ciudad de Denton en cualquier lugar de la Ciudad. Las tarifas se pagan a la Ciudad de Denton (consulte el cuadro adjunto). Conexion privada al medidor. Una vez que la Ciudad coloca un medidor en el limite del vecindario, el dueno de la propiedad debe conectarlo a la residencia. La Ciudad no realiza ni gestiona este proceso; sin embargo, se deber6 permitir a inspeccionar este trabajo. Por to general, este trabajo to realiza un plomero con licencia contratado por el propietario, aunque no se requiere un plomero con licencia para todo el trabajo y los propietarios pueden encontrar varias maneras de reducir los costos. C61culos de costes: Cargo de linea principal, grifo y valvula: Consulte el cuadro adjunto. Tarifas de grifo, medidor a impacto: $6,938 por metro Conexion privada: Variable. Adem6s del cuadro de costos, el personal tiene adjunto un cuadro para ayudar a ilustrar los diferentes costos de conexion al sistema de agua de la ciudad. z 4. Aceptara la Ciudad un plan de pago para el costo del medidor, la tarifa de impacto, etc.? No. EI Codigo de Ordenanzas exige que se paguen las tarifas de medidor, impacto, etc. antes de la instalacion del medidor. z Quien puede hacer las zanjas y las conexiones de plomeria? Cualquier trabajo de plomeria debe ser permitido e inspeccionado por la Ciudad. Una persona que sea propietaria de la propiedad en la que tambien reside puede realizar el trabajo de plomeria en esa propiedad, aunque cualquier trabajo en propiedades ocupadas por el propietario debe ser permitido e inspeccionado antes de su ocultacion o conexion. Cualquier trabajo realizado en una propiedad de renta debe ser permitido, realizado por un plomero con licencia, e inspeccionado por la Ciudad. La excavacion de zanjas no est6 contemplada en el codigo de plomeria y no tiene que ser realizada por un plomero con licencia, siempre y cuando cumpla con los requisitos del codigo de la Ciudad. La Ciudad solicita que los residentes y los propietarios consulten a la Ciudad con respecto a que trabajo puede o no tener que ser realizado por un plomero con licencia. z 6. tiene la ciudad una lista de plomeros con licencia que pueden ser contactados para trabajos de plomeria? La Ciudad puede proporcionar a los residentes y a los propietarios una lista de todos los plomeros con licencia que est6n registrados en la Ciudad. z Que inspecciones deben esperar los propietarios o residentes si deciden conectarse al sistema de agua de la Ciudad de Denton? De acuerdo con la ley estatal, el departamento de seguridad de edificios de la Ciudad Ilevar6 a cabo una inspeccion de servicio al cliente (CSI). Una CSI es un examen de la instalacion privada de distribucion de agua con el fin de proporcionar o negar el servicio de agua. La inspeccion se limita a la identificacion y prevencion de las conexiones cruzadas, los posibles riesgos de contaminacion y los materiales de plomo ilegales. Las inspecciones de servicio al cliente se realizan antes de proporcionar un servicio continuo de agua a las nuevas construcciones, en cualquier servicio existente donde haya razones para creer que existen conexiones cruzadas u otros posibles peligros de contaminacion, o despues de cualquier mejora, correccion o adicion material a las instalaciones privadas de distribucion de agua. La inspeccion de la CSI la debe realizar un inspector con licencia. EI personal de inspeccion de la Ciudad de Denton est6 autorizado de acuerdo con la ley estatal y la inspeccion se incluye como parte de los procesos de inspeccion de la plomeria. Como parte de la inspeccion de servicio al cliente, los propietarios tambien deben comprobar que la propiedad tiene un sistema de eliminacion de aguas residuales en funcionamiento. La Ciudad no realiza inspecciones in situ, esta funcion la realiza un profesional independiente con licencia de la TCEQ para instalaciones de alcantarillado in situ (OSSF). EI departamento de seguridad de edificios de la ciudad verificara si existe alguna preocupacion por la seguridad de la vida; a. Conexiones electricas expuestas b. Conexiones de propano o gas natural c. Ventilacion de los aparatos de propano o gas natural d. Descripcion general de los posibles peligros que pueden provocar lesiones graves o la muerte 7 8. Que pasa si una residencia no hace una conexion al sistema de agua de la Ciudad de Denton? Se requiere que las viviendas residenciales tengan los elementos basicos: agua, alcantarillado, electricidad y un medio para acondicionar el espacio que se ocupa (calor). Las estructuras residenciales que no incluyen estos elementos basicos pueden considerarse como inseguras a inhabitables. 7 9. Necesito preocuparme por mi sistema septico? Todas las propiedades que estan conectadas al sistema de agua de la Ciudad de Denton deben tener una forma de eliminar las aguas residuales. Esto es necesario para proteger al publico de los contaminantes. Mientras que la mayoria de las propiedades en la Ciudad de Denton estan conectadas al sistema de alcantarillado de la Ciudad, otras tienen instalaciones de alcantarillado in situ, en su mayoria a traves de un sistema septico. Los sistemas septicos convencionales, tambien Ilamados sistemas anaerobicos, son totalmente subterraneos y funcionan por gravedad, por to que rara vez se requiere electricidad. Los sistemas anaerobicos tratan activamente y bombean las aguas residuales tratadas al campo de drenaje, to que requiere electricidad. Ambos sistemas (ya sea anaerobico o aerobico) deben ser mantenidos regularmente por un profesional con licencia del Estado. Sin el mantenimiento adecuado, un sistema puede funcionar mal causando una posible exposicion de aguas residuales no tratadas a las fuentes de agua potable. Es responsabilidad del propietario mantener un sistema septico funcionando eficazmente y prevenir cualquier mal funcionamiento. Si una residencia no esta actualmente abastecida por un sistema septico, la Ciudad de Denton puede expedir un permiso para un nuevo sistema, siempre que se cumplan todos los requisitos. Tambien se requieren permisos cuando un sistema en mal funcionamiento necesita reparacion, ajustes o ampliacion. Los lotes de tamano pequeno presentan desafios que pueden impedir que un sistema planificado cumpla con todos los requisitos de las normas estatales. Si una solicitud de permiso para un sistema septico no cumple todos los requisitos tecnicos, la Ciudad no podra expedir un permiso para la construccion. Las tasas de los permisos solo se pagan para los nuevos permisos; no hay cuotas continuas. Asimismo, las inspecciones se realizan unicamente cuando se construye, se ajusta, se repara o se amplia un sistema septico, o cuando se presenta una denuncia. No hay otras inspecciones realizadas por el personal de la Ciudad de manera continua. NOTA: Todas las tineas de agua, ya sean publicas o privadas, deben ser separadas por cierta distancia de los sistemas septicos. Con los tamanos de lote mas pequenos dentro de Green Tree Estates, estos requisitos pueden presentar una dificultad para los propietarios. Se invita a los propietarios a que consulten con un plomero con licencia o un profesional del OSSF con licencia (consulte la pregunta que figura mas adelante) para determinar donde deben colocarse las tineas para cumplir todos los requisitos de posicionamiento de sistemas septicos. Cualquier propiedad que no pueda cumplir con los requisitos de posicionamiento no puede conectarse al sistema de agua de la Ciudad de Denton. 7 10. Que pasa si mi sistema septico no funciona? Es importante senalar que tanto la ley estatal como el codigo municipal de la Ciudad exigen que las propiedades residenciales tengan un sistema de eliminacion de aguas residuales aprobado. Un profesional independiente con licencia de la TCEQ para instalaciones de alcantarillado in situ (OSSF) puede inspeccionar el sistema septico y trabajar con el dueno de la propiedad para coordinar una reparacion. Por to general, cuando se descubre que una OSSF funciona mal, la ley estatal requiere que el propietario tenga 30 dias para volver a cumplir y reparar el mal funcionamiento. Consulte la lista adjunta de profesionales con licencia para OSSF del condado de Denton del Sitio web de la TCEQ https://www.tceg.texas.gov/permitting/ossf/ossfhomeowners.html. Facturacion temporal del servicio de agua (13 de febrero al 22 de mayo) 7 1. CuM es el costo del agua por mes? La Ciudad cobra $0.0052 por galon de agua. A cada cliente se le cobrara la cantidad de agua para Ilenar cada tanque de 275 galones y cada barril de 55 galones tres veces por semana. Esto equivale a un cargo mensual de agua de $20.59 para los clientes con un (1) tanque de 275 galones y $3775 para los clientes con dos (2) tanques de 275 galones. Adjunto se encuentra un cuadro que muestra el costo para cada residencia de Green Tree Estates. 7 Como y cual es el proceso para establecer el pago de los residentes de GTE? Cada propiedad que actualmente recibe agua temporal recibira una factura por correo para cada periodo de facturacion. La facturacion se hara por adelantado y se emitira por correo. EI pago puede efectuarse en persona, por correo o electronicamente. Si una propiedad no paga su factura, no recibira el servicio de agua temporal. Si una propiedad paga su factura de manera extemporanea, recibira el agua el siguiente dia de entrega programado. 7 Clue socios de la comunidad podrian ofrecer ayuda financiera o de otro tipo? La Ciudad de Denton proporciona informacion de asistencia financiera para los clientes de agua que tienen emergencias financieras a corto plazo que podrian impedirles pagar el servicio publico. Se adjunta esta informacion. Ademas, Habitat For Humanity y Serve Denton, dos organizaciones locales sin fines de lucro, han expresado su interes en ayudar a los residentes y propietarios de Green Tree Estates. Estas organizaciones se pondran en contacto con los propietarios y residentes de Green Tree Estates directamente o a traves de LULAC o Movimiento Cosecha. Otras preguntas frecuentes 7 11. Permitira la Ciudad que los propietarios contraten a sus propios inspectores para Ilevar a cabo las inspecciones en las casas? No. Aunque los propietarios pueden solicitar que cualquier persona calificada inspeccione su propiedad en cualquier momento, los inspectores independientes no representan a la Ciudad y pueden no representar con exactitud los requisitos del codigo de la Ciudad y las preocupaciones de seguridad de la vida. La Ciudad recomienda a los propietarios que soliciten inspecciones de cortesia voluntarias de la Ciudad de Denton para entender mejor las deficiencias de una propiedad. Consulte la informacion adjunta sobre las inspecciones de cortesia. 7 12. Necesita la Ciudad un plan escrito para corregir cualquier violacion de vida, seguridad y salud encontrada a traves de las inspecciones de cortesia? No. La Ciudad no requiere un plan escrito para poner una residencia en conformidad. La Ciudad pide que los residentes trabajen con el Departamento de Servicios de Desarrollo en el establecimiento de un plan. z 13. On dispositivo de prevencion de reflujo evita la necesidad de una inspeccion de servicio al cliente antes de la conexion al sistema de agua de la Ciudad? No. Segun la ley estatal, incluso con la presencia de un dispositivo de reflujo, la Ciudad sigue estando obligada a realizar una inspeccion de servicio al cliente antes de conectarse al sistema de la Ciudad. z 14. to Ciudad renunciara a las tarifas de permiso para los residentes de Green Tree Estates? No, la Ciudad no renuncia a las tasas de permiso sin el consentimiento del Consejo Municipal. Public Affairs Department 215 E. McKinney St., Denton, TX 76201 • (940) 349-8565 DENTON November 18, 2019 NOTICE TO GREEN TREE ESTATES RESIDENTS: DRINKING WATER Dear Green Tree Estates Resident: In addition to the 55 -gallon and 275 -gallon containers that have been provided for non -drinking water use, the City of Denton has also secured 1 -gallon drinking water containers for the residents of Green Tree Estates. These containers are located at the City's warehouse at 901 Texas Street (see reverse side for map). From Mingo Road: • Turn south on Frame Street • Left on Paisley Street • Left on Rose Street • Right on Texas Street • Continue through the roundabout • Turn left into warehouse parking lot Signs will direct you to the main entrance once you are on site. Containers will be distributed from 7 a.m. to 4 p.m., Monday through Friday. Residents who are unable to pick up water during that time or are unable to transport water are asked to call the City of Denton at the numbers below. Residents will not be asked to show identification, but they will be asked to provide their name, address, and the number of people at their residence. Please direct questions via email to Ryan Adams, Deputy Director of Public Affairs, at Ryan.Adams(&,,cityofdenton.com or call (940) 349-8565. Questions in Spanish may be directed to Deborah Viera at Deborah.Viera&cityofdenton.com or (940) 349-7162. OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 rimem IS'awer3 3s aver awes d 9.� Val � • w. N A-. o ❑se i - _ e �• mr J. � d '�• _3 �� y� yr 7 1 cif .• � ti '-• - -_Y� i..- ._ _. ocrg ; � • 1 .s f n Ff Add 3 Merl �• - - +N � f L. 07. .. .;• . Not- na - - - _ lItI .`•ifIS:€�� IapAnil. N Rudde!€ Public Affairs Department 215 E. McKinney St., Denton, TX 76201 • (940) 349-8565 DENTON 18 de noviembre, 2019 NOTIFICACION A RESIDENTES DE GREEN TREE ESTATES: AGUA PARA BEBER Estimado Residente de Green Tree Estates: En adici6n a los tambores de 55 galones y los tanques de 275 galones que se les a proveido para almacenar agua no potable, la Ciudad de Denton tiene disponible agua para beber en contenedores de un (1) gal6n para los residentes de Green Tree Estates. Estos galones de agua estan localizados en el almacen de la Ciudad que se encuentra en 901 Texas Street (vea el mapa al reverso de esta pagina). De Mingo Road: • De vuelta hacia el sur en Frame Street • De vuelta hacia la izquierda en Paisley Street • De vuelta hacia la izquierda en Rose Street • De vuelta hacia la derecha en Texas Street • Continue a traves de la rotonda • De vuelta hacia la izquierda a el estacionamiento del almac6n Habra seiiales que los dirigiran a la entrada cuando este en el almacen. Los contenedores seran distribuidos de 7 a.m. a 4 p.m., lunes a viernes. Residentes que no pueden recoger agua durante las horas designadas o no tienen transportaci6n favor de llamar a la Ciudad de Denton a los siguientes numeros. Residentes no tendran que presenter identificaci6n, pero sera necesario que presenten su nombre, domicilio, y numero de habitantes en su residencia. Por favor dirija sus preguntas por correo electr6nico a Ryan Adams, Director Adjunto de Asuntos Publicos, en Ryan.Adams(&cityofdenton.com o llame al (940) 349-8565. Las preguntas en espaiiol pueden ser dirigidas a Deborah Viera en Deborah.Vierakcityofdenton.com o llame al (940) 349-7162. OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 rimem IS'awer3 3s aver awes d 9.� Val � • w. N A-. o ❑se i - _ e �• mr J. � d '�• _3 �� y� yr 7 1 cif .• � ti '-• - -_Y� i..- ._ _. ocrg ; � • 1 .s f n Ff Add 3 Merl �• - - +N � f L. 07. .. .;• . Not- na - - - _ lItI .`•ifIS:€�� IapAnil. N Rudde!€ Green Tree Estates Steps to Connect to City Water • Provide to City of Denton Development Services documentation from a Texas licensed On -Site Sewage Facilities (OSSF) professional that the system is function as installed. • Prepare a site plan with the location of the septic system and proposed water line (from meter location to residence). • Licensed plumber is to apply for a permit to install the water service line with the connections, including any other licensed plumbing work needed for installation. Site plan will be submitted with the permit application. • Pay to City all permit, service, meter, impact and tap fees to the City of Denton. • Licensed Plumber to perform all work where a plumbing license is required. With an additional permit, owner -occupiers may perofrm work on their own property. • Licensed Plumber to call for plumbing inspections which will include a Customer Service Inspection. • Apply for water service with the City of Denton Utilities Customer Service and request meter install. Provide valid identification to City to facilitate credit check. (Water service is billed in arrears) Green Tree Estates Pasos para conectarse al agua de la Ciudad • Proporcionar a los Servicios de Desarrollo de la Ciudad de Denton la documentacion de un profesional de Instalaciones de Alcantarillado in Situ (OSSF) con licencia de Texas, de que el sistema funciona tal como esta instalado. • Proporcionar a los Servicios de Desarrollo de la Ciudad de Denton la ubicacion del sistema septico y la linea de agua propuesta (desde la ubicacion del medidor hasta la residencia) en un piano del sitio. • EI plomero con licencia debe solicitar un permiso para instalar la linea de servicio de agua con las conexiones, incluyendo cualquier otro trabajo de plomeria con licencia necesario para la instalacion. • Pagar a la Ciudad todos los gastos de permisos, servicios, medidores, impactos y grifos a la Ciudad de Denton. • Plomero con licencia para realizar todos los trabajos en los que se requiera una licencia de plomeria. Con un permiso adicional, los propietarios que viven en las propiedades pueden realizar el trabajar en su propia propiedad. • Plomero con licencia para Ilamar a inspecciones de plomeria que incluiran una inspeccion de servicio al cliente. • Solicitar el servicio de agua con el Servicio de Atencion al Cliente de la Ciudad de Denton y solicitar la instalacion del medidor. Proporcionar una identificacion Alicia a la Ciudad para facilitar la verificacion de credito. (EI servicio de agua se factura en mora.) Green Tree Estates Fees to City (Est.) Based on Participation Cobros o to Ciudad (Est.) Bosodos en Porticipocion Line Tap, Number of Meters Tap, Meter, Impact Fee Valve, Main Line Total per Dwelling Number of Meters 14 $6,938 $657 $7,596 7 13 $6,938 $708 $7,646 6 12 $6,938 $767 $7,705 5 11 $6,938 $837 $7,775 4 10 $6,938 $920 $7,859 3 9 $6,938 $1,023 $7,961 2 8 $6,938 $1,151 $8,089 1 Tap, Meter, Impact Fee $6,938 $6,938 $6,938 $6,938 $6,938 $6,938 $6,938 Line Tap, Valve, Main Line $1,315 $1,534 $1,841 $2,301 $3,068 $4,602 $9,204 Total per Dwelling $8,253 $8,472 $8,779 $9,239 $10,006 $11,540 $16,143 Numero de Medidores Grifo, Medidor, Tarifa de Impacto Linea de grifo, valvula, linea directa Total por residencia Numero de Medidores Grifo, Medidor, Tarifa de Impacto Linea de grifo, valvula, linea directa Total por residence 14 $6,938 $657 $7,596 7 $6,938 $1,315 $8,253 13 $6,938 $708 $7,646 6 $6,938 $1,534 $8,472 12 $6,938 $767 $7,705 5 $6,938 $1,841 $8,779 11 $6,938 $837 $7,775 4 $6,938 $2,301 $9,239 10 $6,938 $920 $7,859 3 $6,938 $3,068 $10,006 9 $6,938 $1,023 $7,961 2 $6,938 $4,602 $11,540 8 $6,938 _ $1,151 $8,089 1 $6,938 $9,204 $16,143 F Green Tree Estates Connections to Denton Water System DENTON Owner Occupied If you own the property and live on that property, state law allows you to perform your own plumbing work on ' that property. City permits and i inspections will still be required. i ❑ i ' Rented 0 — — — Water Lines From the Meter to the Residents OProperty owners are responsible for connecting the meter to the residents. Work must be permitted and inspected by the City. Costs are not paid to City. Meters O Meters will be set at the neighborhood boundary. Property owners will pay standard City of Denton tap, meter, and impact fees. Fees totaling $6,938 are paid to the City. Water Main Extension ©To provide water to the neighborhood, an existing water line must be extended to the neighborhood boundary. Property owners must pay for this cost, with each of the 14 property owners in green tree paying an equal share. Costs vary depending on the number of connections Extended Water Main n c rD n v 0 On -Site Sewage Facilities (Septic Systems): Prior to connection, the City must verify that a property has an on-site sewer system (septic system) in sufficient working order to treat the property's wastewater. All water lines, whether public or private lines, must be set back a certain distance from septic systems. Any property that cannot meet setback requirements cannot connect to the City of Denton water system. v'ENTON Conexiones de Green Tree Estates con el sistema de agua de Denton I Ocupado por el propietario I I I Si usted es propietario y vive en la I propiedad, la ley estatal le permite hacer su propio trabajo de plomeria en esa propiedad. Los permisos e inspecciones de la Ciudad seguiran siendo necesarios. i I IF1 I I I De renta I -- - - - - - -- Uneas de agua Del medldor al resldente O Los propietarios son responsables de conectar el medldor a los residentes. EI trabajo debe ser permitido e inspeccionado por la Ciudad. Los costos no se pagan a la Ciudad. Medidores ® Los medidores se fijaran en el limite del vecindario. Los propietarios pagaran las tarifas estandar de la Ciudad de Denton de grifo, medldor e impacto. Las tarifas por un total de $6,938 se pagan a la Ciudad. ©Extension de la caneria de agua Para abastecer agua al vecindario, una linea de agua existente debe extenderse hasta el limite del vecindario. Los propietarios deben pagar por este costo, y cada uno de los 14 propietarios en Green Tree pagara una parte igual. Los costos varian seg6n el n6mero de conexiones. 54 Io 0'm � I - - I i I I Caneria de agua extendida 0 Instalaciones de alcantarillado in situ (sistemas septicos): Antes de la conexi6n, la ciudad debe verificar que la propiedad tiene un sistema de alcantarillado (sistema septico) en funcionamiento suficiente para tratar las aguas residuales de la propiedad. Todas las tineas de agua, ya sean p6blicas o privadas, deben ser separadas por cierta distancia de los sistemas septicos. Cualquier propiedad que no pueda cumplir con los requisitos de posicionamiento no puede conectarse al sistema de agua de la Ciudad de Denton. On -Site Sewage Facility (OSSF) Technical Requirements Summary State rules allow that any system installed prior to Sept. 1, 1989 can continue operation without a permit as long as it has not been altered and is not creating a nuisance or in need of repair. An OSSF is creating a nuisance when sewage is discharged in a manner that may allow for the transmission of disease, or the septic tank is overflowing or otherwise blatantly discharging. In other words, if wastewater is ponding, pooling, discharging onto adjacent property, or being discharged without proper treatment, then the OSSF is malfunctioning. When that occurs, the system must be altered, repaired, extended, or replaced to correct the malfunction. In order to repair, alter, extend, or replace a system, the property owner must first apply for a permit with the City. A Professional Engineer or Registered Sanitarian must prepare the OSSF plan that is submitted for permit. City staff will review the permit application and planning materials for compliance with State rules and City code. If the application meets all requirements, the City issues a construction permit, and a licensed installation company can begin the work. After the construction is complete, the City must inspect the system before it is covered up or in operation. The City will issue an operation permit to the owner after the system passes inspection. The system can then be put into operation. Texas allows for many different types of systems to be installed to achieve proper wastewater treatment based on site conditions. Below are illustrations by the Environmental Protection Agency of two types of OSSFs. Please note: Septic systems vary. Diagram is not to scale. Please note: Septic systems vary. Diagram is riot to scale. Each type of system has specific design requirements for things like sizing, location, soils, and electricity. The Professional Engineer or Registered Sanitarian that designs the system will be familiar with these requirements and what type of system will work best on a specific site. For example, here are excerpts from the table that outlines when a conventional drain field system is appropriate and when it is not. Figure: 30 TAC §285.91(5) Table V. Criteria for Standard Subsurface Absorption Systems. FACTORS SUITABLE (S) UNSUITABLE (U) Topography Slopes 0-30% Slopes greater than 30% Complex slopes Groundwater No indication of seasonal Indications of seasonal groundwater or groundwater anywhere within 24 drainage mottles anywhere within 24 inches of inches of the bottom of the the bottom of the proposed excavation (Except proposed excavation. for lined ET) Flood Hazard No flooding potential. Areas located in the floodplain and regulatory floodway unless system designed according to §285.31(c)(2) Depressional areas without adequate drainage https://texreg.sos.state.tx.us/fids/30-0285-0091-15.htmI Another set of technical requirements that must be met are minimum separation distances, or setbacks. Setbacks are specific to different types of systems. For example, these are the required setback distances to private and public water supply lines: 2. For additional information or revisions to these separation distances, see Chapter 290 of this title (relating to Public Drinking Water). 5. Private water line/wastewater line crossings should be treated as public water line crossings, see Chapter 290 of this title. https://texreg.sos.state.tx.us/fids/201206290-3.pdf Each type of disposal system listed in the table above has its own set of design criteria, such as the amount of area needed for disposal. With the various types of systems each having specific requirements, it would be impracticable to list them all here. Although not impossible, it is challenging to design a system to operate on a small lot and meet all the technical requirements. For that reason, City code stipulates that new lots utilizing an OSSF must be on at least one acre if it is serviced by a public water system or on two acres if it is serviced by a private water well. If you have specific questions regarding OSSFs, please contact Heather Goins at (940) 349-8610 or Heather.Goins@cityofdenton.com. TO FROM Tanks Soil Lined Sewer Pipe Surface Drip Absorption Evapotranspiration With Application Irrigation Systems, & Beds Watertight (Edge of Unlined ET Joints Spray Area) Beds Public 10 10 10 10 10 10 Water Supply Lines 2 Private 10 10 5 105 except at No 10 Water connection separation Line to structure distances 2. For additional information or revisions to these separation distances, see Chapter 290 of this title (relating to Public Drinking Water). 5. Private water line/wastewater line crossings should be treated as public water line crossings, see Chapter 290 of this title. https://texreg.sos.state.tx.us/fids/201206290-3.pdf Each type of disposal system listed in the table above has its own set of design criteria, such as the amount of area needed for disposal. With the various types of systems each having specific requirements, it would be impracticable to list them all here. Although not impossible, it is challenging to design a system to operate on a small lot and meet all the technical requirements. For that reason, City code stipulates that new lots utilizing an OSSF must be on at least one acre if it is serviced by a public water system or on two acres if it is serviced by a private water well. If you have specific questions regarding OSSFs, please contact Heather Goins at (940) 349-8610 or Heather.Goins@cityofdenton.com. Instalacion de alcantarillado in situ (OSSF) Resumen de los requisitos tecnicos Las normas estatales permiten que cualquier sistema instalado antes del 1 de septiembre de 1989 pueda seguir funcionando sin permiso, siempre que no haya sido ajustado y no este creando una molestia o necesite reparaciones. Una OSSF crea una molestia cuando las aguas residuales se descargan de una manera que puede permitir la transmision de enfermedades, o el tanque septico se desborda o se descarga descaradamente de otra manera. En otras palabras, si las aguas residuales se estancan, se acumulan, se descargan en una propiedad adyacente o se descargan sin el tratamiento adecuado, entonces la OSSF esta funcionando mal. Cuando eso ocurre, el sistema debe ser ajustado, reparado, ampliado o reemplazado para corregir el mal funcionamiento. Para reparar, ajustar, ampliar o reemplazar un sistema, el propietario debe solicitar primero un permiso a la Ciudad. Un ingeniero profesional o un sanitario registrado debe preparar el plan de OSSF que se presenta para el permiso. EI personal de la Ciudad revisara la solicitud de permiso y los materiales de planificacion para cumplir con las normas estatales y el codigo de la Ciudad. Si la solicitud cumple con todos los requisitos, la Ciudad emite un permiso de construccion, y una empresa de instalacion con licencia puede comenzar la obra. Despues de la conclusion de la construccion, la Ciudad debe inspeccionar el sistema antes de que se cubra o se ponga en funcionamiento. La Ciudad emitira un permiso de operacion al propietario despues de que el sistema pase la inspeccion. EI sistema puede entonces ponerse en funcionamiento. Texas permite la instalacion de muchos tipos diferentes de sistemas para lograr un tratamiento adecuado de las aguas residuales en funcion de las condiciones del lugar. A continuacion figuran ilustraciones de la Agencia de Proteccion del Medio Ambiente de dos tipos de OSSF. Nota: los sistemas septicos varian. EI diagrama no es a escala. Nota: los sistemas s6pticos var(an. EI diaQranna no es a escala. Cada tipo de sistema tiene requisitos de diseno especificos para cosas como el tamano, la ubicacion, los suelos y la electricidad. EI ingeniero profesional o sanitario registrado que disene el sistema estara familiarizado con estos requisitos y con el tipo de sistema que funcionara mejor en un sitio especifico. Por ejemplo, a continuacion se presentan extractos del cuadro que indica cuando un sistema de campo de drenaje convencional es apropiado y cuando no. Figura: 30 TAC §285.91(5) HACIA Cuadro V. Criterios para los sistemas de absorcion Tanques subterranea estandar. Camas de FACTORIES ADECUADO (A) NO ADECUADO (N) Topografia Pendientes 0 a 30% Pendientes superiores al 30% Pendientes Absorcion del complejas Agua No hay indicacion de agua Indicaciones de agua subterranea estacional o subterranea subterranea estacional en ningun manchas de drenaje en cualquier lugar dentro con recubrimiento lugar dentro de las 24 pulgadas del de las 24 pulgadas del fondo de la excavacion fondo de la excavacion propuesta. propuesta (excepto para ET con recubrimiento) Peligro de No hay potencial de inundacion. Areas localizadas en la Ilanura de inundacion y inundacion en la via de inundacion reglamentaria a menos recubrimiento que el sistema disenado de acuerdo con estanqueidad area de §285.31(c)(2) Areas de depresion sin drenaje adecuado https://texreg.sos.state.tx.us/fids/30-0285-0091-15.html Otro conjunto de requisitos tecnicos que deben cumplirse son las distancias minimas de separacion, o retrocesos. Los retrocesos son especificos de los diferentes tipos de sistemas. Por ejemplo, estas son las distancias de retroceso necesarias para las lineas de suministro de agua privadas y publicas: 2. Para informacion adicional o revisiones de estas distancias de separacion, consulte el capitulo 290 de este titulo (relativo al agua potable publica). 5. Los cruces de lineas de agua privadas/lineas de aguas residuales deben ser tratados como cruces de lineas de agua publicas; consulte el capitulo 290 de este titulo. HACIA DESDE Tanques Sistemas de Camas de Tubo de Aplicacion Irrigacion Absorcion del evapotranspiracion alcantarilla en por goteo Suelo y camas con recubrimiento con superficie de ET sin juntas de (borde del recubrimiento estanqueidad area de rociado) Lineas de 10 10 10 10 10 10 suministro de agua publica 2 Linea de 10 10 5 105excepto Sin 10 agua en la distancias privada conexion con de la estructura separacion 2. Para informacion adicional o revisiones de estas distancias de separacion, consulte el capitulo 290 de este titulo (relativo al agua potable publica). 5. Los cruces de lineas de agua privadas/lineas de aguas residuales deben ser tratados como cruces de lineas de agua publicas; consulte el capitulo 290 de este titulo. https://texreg.sos.state.tx. us/fids/201206290-3. pdf Cada tipo de sistema de eliminacion mencionado en el cuadro anterior tiene su propio conjunto de criterion de diseno, como la cantidad de superficie necesaria para la eliminacion. Dado que los diversos tipos de sistemas tienen requisitos especificos, seria impracticable enumerarlos todos aqui. Aunque no es imposible, es dificil disenar un sistema para que funcione en un lote pequeno y cumpla todos los requisitos tecnicos. Por to tanto, el codigo de la Ciudad estipula que los nuevos lotes que utilicen una OSSF deben estar sobre al menos un acre si es abastecida por un sistema publico de agua o sobre dos acres si es abastecida por un pozo de agua privado. Si tiene preguntas especificas sobre las OSSF, contacte a Heather Goins al (940) 349-8610 o Heather.Goins@cityofdenton.com. Green Tree Estates Monthly Water Consumption per Address (Address Number of 55 Gallon Barrels Number of 275 Gallon Totes Total Gallons Cost per Gallon* Total Cost per Fill Number of Fills Monthly Cost 4010 Hilltop 1 2 605 $0.0052 $3.15 12 $37.75 4003 Hilltop 1 2 605 $0.0052 $3.15 12 $37.75 4011 Hilltop 1 2 605 $0.0052 $3.15 12 $37.75 4015 Hilltop 1 2 605 $0.0052 $3.15 12 $37.75 4002 Hickory 1 1 330 $0.0052 $1.72 12 $20.59 4008 Hickory 1 1 330 $0,0052 $1.72 12 $20.59 4016 Hickory 1 1 330 $0.0052 $1.72 12 $20.59 4009 Hickory 1 1 330 $0.0052 $1.72 12 $20.59 6502 Willow 1 1 330 $0.0052 $1.72 12 $20.59 6414 Willow 1 1 330 $0.0052 $1.72 12 $20.59 6509 Willow - A 1 2 605 $0.0052 $3.15 12 $37.75 6509 Willow - B 1 2 605 $0.0052 $3,15 12 $37.75 4007 Meadow 1 2 605 $0.0052 $3.15 12 $37.75 4055 Ash 1 1 330 $0.0052 $1.72 12 $20.59 * Cost only includes water based on a fire hydrant rate of $5.20 per 1,000 gallons without a facility charge. Consumo Mensual de Agua por Direccion Direccion Cantidad de Barriles de 55 Galones Cantidad de Contenedores de 275 Galones Total de Galones Costo por Galion* Costo Total por Llenado Numero de Rellenos Costo Mensual 4010 Hilltop 1 2 605 $0,0052 $3.15 12 $37.75 4003 Hilltop 1 2 605 $0,0052 $3.15 1 12 $37.75 4011 Hilltop 1 2 605 $0.0052 $3.15 12 $37.75 4015 Hilltop 1 2 605 $0.0052 $3.15 12 $37.75 4002 Hickory 1 1 330 $0.0052 $1.72 12 $20.59 4008 Hickory 1 1 330 $0.0052 $1.72 12 $20.59 4016 Hickory 1 1 330 $0.0052 $1.72 12 $20.59 4009 Hickory 1 1 330 $0,0052 $1.72 12 $20.59 6502 Willow 1 1 330 $0,0052 $1.72 12 $20.59 6414 Willow 1 1 330 $0,0052 $1.72 12 $20.59 6509 Willow - A 1 2 605 $0.0052 $3.15 12 $37.75 6509 Willow - B 1 2 605 $0.0052 $3.15 12 $37.75 4007 Meadow 1 2 605 $0.0052 $3.15 12 $37.75 4055 Ash 1 1 1 330 1 $0.0052 $1.72 12 $20.59 * EI costo solo incluye aqua basada en un hidrante de incendio de $5.20 por sada 1,000 galones sin cargo de instalacion. Sometimes citizens experience short-term financial emergencies, which prevent them from paying for vital utility service. The P -L -U -S One program — Prevent Loss of Utility Service — helps families keep cool in the summer and warm in the winter. Customers donate to the program and funds are provided to Interfaith Ministries of Denton for distribution to residents. The link to contact Interfaith Ministries to start the screening process for assistance is: http://www.ifmdenton.org/i-need-help After consideration of provided information, you will be contacted regarding eligibility of appointment. Please make sure the phone number you provide is correct as Interfaith will make two (2) phone call attempts. If unable to reach you, it is your choice to complete another initial screening form. You MUST bring all required documents to your scheduled appointment. If you do not bring all the required documents (listed at the bottom of this email), you will not be seen by a caseworker. An appointment does not guarantee assistance. Assistance is determined by availability of funds, your circumstances, and proper documentation. Once the screening form is submitted, your case will be reviewed, and you will be contacted by the phone number you have provided within 1 to 2 business days. If you have not received notification within 3 business days, please call Interfaith's client line: 940-565-5479 (Monday -Friday 8am-11:30am & 1:OOpm-3:30pm) In order to qualify for assistance, you will need to provide documentation proving loss of income in your name that has created this short-term crisis. Financial Assistance cannot be provided over the telephone. Assistance will require an office appointment. Please note: Priority will be given to residential households whose circumstances are as follows: • Gross family income is 65% or less of the Area Median Income (AMI) • Electricity powered life-support systems are in use • Serious illness exists with a member of the household • Disabled, homebound, or elderly residents age 65 years or above, existing on a fixed income reside there • Small children of that household reside at the dwelling • Recent emergencies (such as a home fire, layoffs from work, excessive medical expenses, etc.) have occurred and are beyond the applicant's control • Families that meet the income guidelines and who have not received utility assistance within twelve (12) months of the current application • DMU customers are eligible for assistance a maximum of three (3) times in a calendar year ************************************************************************************* Documents Required by Interfaith Ministries: • Identification o Head of Household must provide Driver's License or Texas State Issued Id o Social Security number for all household members • Income o Example: Pay stubs, Food Stamp award letter, SSI or SSDI Award Letter, Verification of Housing Assistance, Veteran Benefits, Verification of Retirement Income, child support summary. • Expenses o Example: Phone, cable, electric, and water bills, car insurance, car payment, outstanding loans, rent, mortgage, etc. • Crisis o Example: Notice of layoff or termination from employer, auto repair bill, medical receipts, etc. • 6 month payment and billing history from the City of Denton's Municipal Utilities While Interfaith Ministries is the organization which distributes PLUS One utility assistance donated funds, they are not the only source for assistance. The following organizations also assist with Denton utilities. Additional Resources: • TCOG (Texoma Council on Governments): 866-904-8647 o Apply at: www.tcog.com/energy/apply o Denton Office located at Serve Denton: 306 N. Loop 288 o Hours of Operation: Monday — Thursday 7:30am — 5:30pm; Friday 7:30am — 11:30am o Assists with electric, gas, and propane bills to income qualified households in Denton County. • Giving Hope, Inc: 940-382-0609 o Office located at Serve Denton: 306 N. Loop 288 o Program Details: https://hopeincdenton.com/need-assistance/ o Monday —Thursday 9:30am-11:30am and 1:30pm — 3:30pm (Friday by appointment only) • First Baptist Church: 940-382-2577 • Cross Timbers Church: 940-240-5100 • Singing Oaks Church of Christ: 940-387-4355 • Community Services: 800-831-9929 • Additional resources can be found by calling 211 or visiting www.unitedwaydenton.org/FindHelp A veces los ciudadanos sufren emergencias financieras de corto plazo que les impiden pagar por servicios publicos vitales. EI programa P -L -U -S One — Prevent Loss of Utility Service— ayuda a las familias a mantenerse frescas durante el verano y no pasar frio durante el invierno. Los clientes hacen sus donaciones al programa y los fondos se entregan a Interfaith Ministries de Denton para ser distribuidos a los residentes. EI enlace para contactar a Interfaith Ministries a comenzar el proceso de selecci6n para obtener ayuda es: http://www.ifmdenton.org/i-need-help Despues de considerar la informaci6n provista, aiguien se pondra en contacto con usted para informarle sobre su elegibilidad para programar una Cita. Aseg6rese de que el numero telef6nico que proporciona sea el correcto ya que Interfaith realizara dos (2) intentos de comunicarse telef6nicamente con usted. Si no logra ponerse en contacto con usted, usted tendra la opci6n de Ilenar otro formulario de selecci6n inicial. Usted DEBE traer todos los documentos requeridos a su cita programada. Si no Ileva todos los documentos requeridos (enumerados al final de este correo electr6nico) usted no sera recibido por un trabajador social. La cita no garantiza asistencia. La asistencia esta determinada por la disponibilidad de fondos, sus circunstancias y la presentaci6n de la documentaci6n adecuada. Una vez que se envie el formulario de evaluaci6n, se revisara su caso y se pondran en contacto con usted a traves del numero de telefono que usted ha proporcionado en un periodo de 1 o 2 dias habiies. Si no ha recibido notificaci6n dentro de los3 dias habiies, Ilame a la linea de clientes de Interfaith: 940-565-5479 (de lunes a viernes de 8 am a 11:30 am y 1:00 pm a 3:30 pm). Para calificar para recibir asistencia, usted necesitara proporcionar documentaci6n que pruebe la perdida de ingresos en su nombre que haya provocado esta crisis de corto plazo. La asistencia financiera no se puede proporcionar por telef6nica. La asistencia requenra una Cita en la oficina. Por favor tenga en cuenta: Se dara prioridad a las familial de residentes cuyas circunstancias son las siguientes: • EI ingreso familiar bruto es 65% o menos de Ingreso Media del Area (AMI). • Se utilizan sistemas de soporte vital accionados por con electricidad. • Existe una enfermedad grave con un miembro del hogar. • Los residentes discapacitados, confinados en el hogar o ancianos de 65 anos o mas, que tienen un ingreso fijo residen alli • Los ninos pequenos de ese hogar residan en la vivienda. • Se han producido emergencias recientes (tales como incendios en el hogar, despidos del trabajo, gastos medicos excesivos, etc.) que estan fuera del control del solicitante. • Familias que cumplen con las pautas de ingresos y que no han recibido asistencia de servicios publicos dentro de los doce (12) meses anteriores de la solicitud actual. • Los clientes de Servicios P6blicos Municipales de Denton (DMU) pueden recibir asistencia un maximo de tres (3) veces en un ano calendario. ************************************************************************************* Documentos requeridos por Interfaith Ministries: • Identificacion o La persona a cargo del hogar debe presentar su licencia de conducir o documento de identidad emitido por el estado de Texas. o Numero de seguro social de todos los miembros del hogar. • Ingresos o Ejemplos: Talones de pagos, nota de otorgamiento de estampillas de alimentos, nota de otorgamiento de SSI o SSDI, verificacion de asistencia para viviendas, beneficios para veteranos, verificacion de ingresos porjubilacion, resumen de manutencion de ninos. • Gastos o Ejemplos: Facturas de telefono, cable, electricidad y agua, seguro del automotor, pago de automotor, prestamos, alquileres a hipotecas adeudadas, etc. • Crisis o Ejemplos: Notificacion de despido o finalizacion del contrato laboral de parte del empleador, factura de reparacion del automovil, recibos medicos, etc. • Historial de pagos y facturas de los ultimos 6 meses de los Servicios Publicos Municipales de Denton. Si bien Interfaith Ministries es la organizacion que distribuye los fondos donados para asistencia en el pago a servicios publicos de PLUS One, no son la Unica fuente de ayuda. Las siguientes organizaciones tambien proporcionan asistencia para el pago de servicios publicos de Denton. Recursos adicionales: • TCOG (Texoma Council on Governments): 866-904-8647 o Solicite en: www.tcog.com/energy/apply o Oficina de Denton ubicada en Serve Denton: 306 N. Loop 288 o Horario de atencion: lunes a jueves, de 7:30am a 5:30pm; viernes de 7:30am a 11:30am o Ayuda con las facturas de electricidad, gas y propano a hogares con ingresos calificados dentro del condado de Denton. • Giving Hope, Inc.: 940-382-0609 o Oficina ubicada en Serve Denton: 306 N. Loop 288 o Detalles del programa: https://hopeincdenton.com/need-assistance/ o De lunes a jueves, de 9:30am a 11:30am y de 1:30pm a 3:30pm (los viernes, solo concita previa) • Primera Iglesia Bautista: 940-382-2577 • Cross Timbers Church: 940-240-5100 • Singing Oaks Church of Christ: 940-387-4355 • Servicios Comunitarios (Community Services): 800-831-9929 • Se pueden encontrar recursos adicionales Ilamando al 211 o visitando al sitio web www.unitedwaVdenton.org/FindHelp CITY OF J6W DENTON Building Safety- Department of Development Services 215 E. Hickory St., Denton, TX 76201 • (940) 349-8360 The City of Denton Building Safety division provides courtesy inspections as a service to the citizens of Denton. This type of inspection is not intended for enforcement, rather it is intended to assist homeowners with understanding safety concerns and helping to offer options to correct. Courtesy Inspection • To verify if any life safety concerns exist; o Exposed electrical connections o Fuel gas connections o Venting of fuel fired appliances o General overview of potential hazards which may result in serious injury or death EXAMPLE: Water heater installation; manufactured housing requires a specific type of water heater, these units cost two to three times as much as a conventional water heater. Homeowners may not know manufactured housing requires a specific water heater, coupled with cost factors many times result in an incorrect water heater being installed. These factors raise concern of whether there are proper water connections, proper ventilation of gas (fuel fired) appliances, and approved electrical connections. Additionally, there may be problems associated with size and clearance of the water heater installation, ensuring proper clearances from combustible materials. EXAMPLE: If an addition/alteration to add plumbing (bathroom, kitchen, laundry, etc.) water, sewer, gas, electric and other potential safety concerns. Customer Service Inspection Prior to continuous water service being established, Texas law requires an inspection of the private water - distribution system as a way to ensure that the water is safe to drink. This type of customer service inspection is required in Title 30 of the Texas Administrative Code (TAC), Subsection 290.46(j). All the rules in 30 TAC 290, Subchapter D, are administered by the Texas Commission on Environmental Quality (TCEQ). As a component of the law, the City of Denton is required to ensure a Customer Service Inspection (CSI) is conducted; A Customer Service Inspection is an examination of the private water distribution system for the purpose of providing or denying water service. The inspection is limited to the identification and prevention of cross - connections, potential contaminant hazards, and illegal lead materials. Customer service inspections are completed before providing continuous water service on any existing service where there is reason to believe that cross -connections or other potential contaminant hazards exist, or after any material improvement, correction, or addition to private water distribution facilities. • Verify no cross -connections exist; o inspection of water service, o checking toilet flush valves, o checking hose bib(s), o pressure relief valve on water heater. Offering to provide both a courtesy inspection including a Customer Service Inspection is designed to provide homeowners a greater understanding of the items which may require corrections prior to any other investment. OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service 1OF1- Departamento de Seguridad de Edificios - DENTON Departamento de Servicios de Desarrollo 215 E. Hickory St., Denton, TX 76201 • (940) 349-8360 La Divisi6n de Seguridad de Edificios de la Ciudad de Denton proporciona inspecciones de cortesia como un servicio a los ciudadanos de Denton. Este tipo de inspecci6n no es realizado para exigir o implementar regulaciones, sino que esta destinado a ayudar a los propietarios de viviendas a comprender los problemas de Seguridad y ayudar a ofrecer opciones adicionales o requeridas para mejorar las viviendas. Inspecci6n de cortesia • Los siguientes se verificaran para determinar si existen problemas que afectarian su salud/vida; o Conexiones electricas expuestas o Conexiones de gas combustible o Ventilaci6n de los aparatos de combustible o Visi6n general de los peligros potenciales que pueden resultar en lesiones graves o la muerte EJEMPLO: Instalaci6n de calentador de agua; la carcasa fabricada requiere un tipo especifico de calentador de agua, estas unidades cuestan de dos a tres veces mas que un calentador de agua convencional. Los propietarios pueden no saber que la vivienda fabricada requiere un calentador de agua especifico, junto con los factores de costo muchas veces resultan en un calentador de agua que no este apropiadamente instalado. Estos factores plantean la preocupaci6n, como por ejemlo las conexiones de agua adecuadas, ventilaci6n adecuada de los aparatos de gas (combustible) y conexiones electricas aprobadas. Ademas, puede haber problemas asociados con el tamano y el espacio libre de la instalaci6n del calentador de agua, asegurando una holgura adecuada de los materiales combustibles. EJEMPLO: Si se anade/altera plomeria (baro, cocina, lavanderia, etc.) agua, alcantarillado, gas, electricidad y otros posibles problemas de Seguridad. Inspecci6n de Servicio al Cliente Antes de que se establezca el servicio continuo de agua, la ley de Texas requiere una inspecci6n del sistema privado de distribuci6n de agua como una manera de garantizar que el agua es segura para beber. Este tipo de inspecci6n de servicio al cliente se requiere en el Titulo 30 del C6digo Administrativo de Texas (TAC), Subsecci6n 290.46(j). Todas las reglas en 30 TAC 290, Subcapitulo D, son administradas por la Comisi6n de Calidad Ambiental de Texas (TCEQ). Como componente de la ley, la Ciudad de Denton esta obligada a garantizar que se Ileve a cabo una Inspecci6n de Servicio al Cliente (CSI); Una Inspecci6n de Servicio al Cliente es un examen del sistema privado de distribuci6n de agua con el prop6sito de proporcionar o denegar el servicio de agua. La inspecci6n se limita a la identificaci6n y prevenci6n de conexiones cruzadas, posibles peligros contaminantes y materiales de plomo ilegales. Las inspecciones de servicio al cliente se completan antes de proporcionar un servicio continuo de agua en cualquier servicio existente donde haya razones para creer que existen conexiones cruzadas u otros peligros potenciales de contaminantes, o despues de cualquier mejora material, correcci6n, o ademas de instalaciones privadas de distribuci6n de agua. • Verificar que no existan conexiones cruzadas; o inspecci6n del servicio de agua, o comprobar las valvulas de descarga del inodoro, o babero(s) de manguera decontrol, o valvula de alivio de presi6n en el calentador de agua. La oferta de proporcionar una inspecci6n de cortesia, incluyendo una inspecci6n de servicio al cliente, esta disenada para proporcionar a los propietarios una mayor comprensi6n de los articulos que pueden requerir correcciones antes de cualquier otra inversi6n. Pagina 1 de 1 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON Legislation Text File #: ID 20-863, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton's COVID -19 response. City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton '� City Hall 215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: City Manager's Office CM/ DCM/ ACM: Todd Hileman DATE: May 5, 2020 SUBJECT Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton's COVID-19 response. BACKGROUND Beginning in December 2019, a novel coronavirus, now designated SARS-CoV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization. Likewise, both the President of the United States and the Governor of Texas have declared states of emergency regarding the disease. Symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death. This work session report will provide an update on the City of Denton COVID-19 response. Prior reports and presentations were also presented to City Council on March 17, March 20, March 31, April 6, April 21, and April 30. A presentation and any back up material will be provided to the City Council before the meeting and posted online. OPTIONS N/A RECOMMENDATION N/A ESTIMATED SCHEDULE OF PROJECT N/A PRIOR ACTION/REVIEW (Council, Boards, Commissions) April 30 — Council extended the Declaration of Disaster and Approved a New Order April 6 — Council approved a new Declaration of Disaster and Order March 31 — Council postponed item for consideration on Second Mayoral Declaration of Disaster and Order March 24 — Second Mayoral Declaration of Disaster and Order March 20 — Adoption of Ordinance 20-740 Amending Council Declaration of Local Disaster and Order March 17 — Adoption of Ordinance 20-720 Extending and Modifying Mayoral Declaration March 13 — Mayoral Declaration of Local Disaster and Order EXHIBITS Exhibit 1 — Agenda Information Sheet Respectfully submitted: Sarah Kuechler Chief of Staff Prepared by: Ryan Adams Deputy Director of Public Affairs/IGR Work Session Update on COVID-19 Response May 5, 2020 �z� DENTON Background • Local Disaster Declarations and Orders for Public Health Emergency • March 13, first Mayoral declaration and order • March 17 City. Council extended with the term of the declaration through April 30, unless otherwise modified • March 20, City Council further amended • March 24, second Mayoral declaration and order to Stay At Home • March 31, Council postponed extending or amending order due to Governor's statewide order • April 6, Council approved a new declaration and order effective until April 30 • ipril 30, Council extended declaration and approved a new order effective until May 5 • Staff provided updates on the Ci 's response to COVID-19 during work sessions on March 17, March 20, iviarch 31, April 6, April 21, and April 30 .1 IOC17Y F DENTON Overview of Updates • City Operations Updates • Parks and Recreation • Denton Public Library • City Facilities • Review of Consent Agenda item for amended Order (ID#20-923) CITY �F DENTON UNITE, GROW, Parks & Recreation Reopening Plan — Phase 1 May 5, 2020 Tuesday, May 5, 2020 4 Open to the Public Services • Parks • Open spaces •Trails • Fishing at ponds • Tennis courts • Disc golf course • Civic Center Pool Hygiene Operations • Showers • Laundry Station (Until May 15) • Vouchers via Our Daily Bread • Monday through Saturday •9a -5p • Future openings pending • CDC recommendations • Governor guidelines • Industry best practices RooIT SAFE IN THE PARKS Denton Parks and Recreation MM 0 NAN2 Bring Hand Sanitizer S 0 4is Bring a Water Bottle Play at Your Own Risk Follow the CDC's guidance on personal hygiene before and after visiting this park. Wash your hands with soap and water for at least 20 seconds, carry hand sanitizer, and avoid touching surfaces. Observe the CDC's recommended social distancing of 6 feet from others at all times and avoid physical contact activities and congregating in the park. Bring your own water bottle and be prepared for limited access to water fountains and public restrooms. Play at your own risk. Visiting this park could increase your risk of contracting COVID-19. Parks are cleaned routinely, however, not sanitized. COVID-19 can remain viable for hours to days on surfaces made from a variety of materials. The City of Denton cannot guarantee that you will not be infected with COVID-19 while visiting this park/facility or participating in a program. Texas law limits the liability of the City for injury and death arising from the use of this property. Tuesday, May 5, 2020 5 awl 10© 6 feet �f�''�� N..If �/�`'�� " A i1..1/ Practice Social Distancing S 0 4is Bring a Water Bottle Play at Your Own Risk Follow the CDC's guidance on personal hygiene before and after visiting this park. Wash your hands with soap and water for at least 20 seconds, carry hand sanitizer, and avoid touching surfaces. Observe the CDC's recommended social distancing of 6 feet from others at all times and avoid physical contact activities and congregating in the park. Bring your own water bottle and be prepared for limited access to water fountains and public restrooms. Play at your own risk. Visiting this park could increase your risk of contracting COVID-19. Parks are cleaned routinely, however, not sanitized. COVID-19 can remain viable for hours to days on surfaces made from a variety of materials. The City of Denton cannot guarantee that you will not be infected with COVID-19 while visiting this park/facility or participating in a program. Texas law limits the liability of the City for injury and death arising from the use of this property. Tuesday, May 5, 2020 5 Services • Tennis Courts • Opened: May 1 • Limit to 4 individuals (per court) • No contract programs • No charge for court rental at the Tennis Center • Disc Golf • Opened: May 2 • Limit to 4 individuals (per group) • Batting Cages at Evers Park • Open: May 6, Limited use with alternating cages • Pavilions / Tables / Benches • Open: May 6 • No rentals / First come first serve • Skate Park • Open: May 6 • Driving Range • Open: May 8 with limited hours (7a -10a & 5p -8p) • No contract instruction • Bucket sales and range stalls spaced appropriately Staffing • FT and PT staff as needed • High-risk staff remain working remotely Online Resources • Virtual Recreation Center • Available 24/7 • Constant updates and enhancements Programs • Approved sports • Online at the Virtual Recreation Center Tuesday, May 5, 2020 6 UNITE, GROW, Q, 0 www.dentonparks.com Phase 11 Service Plan Tennis • Opened: May 1 • Posted signage on COVID warning and social distancing • No contract programs • Following USTA: Facility, Programming and Player Tips Recommendations • Limit attendance to 4 individuals (per court) • Obtain signed waiver with COVID notice language from participants • Tennis Center office remains closed Tuesday, May 5, 2020 Disc Golf Golf Driving Range • Opened: May 2 Open: May 8 • Posted signage on COVID warning Post signage on COVID warning and social distancing No contract programs • Following PDGA/best practice Regulate attendance by limiting recommendations available tee shot positions • Limit attendance to 4 per group • Green putting limited to 4 individuals • Keep Clean Hands- Wash 20 • Balls used and collected once a day seconds or use Hand Sanitizer to minimize direct handling and • Avoid Handshakes with players washed • Limit contact with course a Following PGA Back2Golf equipment (tee boxes & targets) recommendations, teaching • Touch and handle your discs only- recommendations don't share or pick up other • Future self-operating ball machine to players disc service customers UNITE, GROW, ff 0 7 www.dentonparks.com Phase 7 I Staff Requirements Staff Requirements • Self monitor, document temperature and health screening prior to shift • Handwashing upon arrival to facility and between interactions and activities • PPE masks and gloves when in public or interacting with public • Perform and document assigned daily cleaning with additional weekly cleaning of equipment • Monitor and report illnesses and follow City policy on response Tuesday, May 5, 2020 n UNITE, GROW, ff 0 www.dentonparks.com Next Steps I Summer and Fall Moving Forward... • Continue to monitor current open facilities • Future decisions based on: • Governor's announcement — May 18 • CDC recommendations • Local considerations Tuesday, May 5, 2020 9 UNITE, GROW, ff 0 www.dentonparks.com Denton Public Library Reopening Plan -phase 1 A phased reopening plan is being developed. Phase 1 is currently in effect. Future phases will roll out based on COVID-19 case trends. Buildings remain closed to public Library Services Available • Curbside hold pickup of circulating materials • Phone & email reference, account, and reader's advisory assistance • Online programs and activities • 24/7 access to downloadable materials and online resources • Library wi-fi on 24/7; Accessible from SB parking lot front row and benches around EF and NB • Online and phone payments for billed items Service Hours • Staff working M -F 9 a.m.-6 p.m. and at North Branch Sat 9 a.m.-6 p.m. • Curbside at all branches M -F 10 a.m.- 5 p.m. and at North Branch Sat 10 a.m.-5 p.m. Staffing • All FT circulation staff on site • All part-time staff on site • '/z FT Public Services and Technical Services on site (rotating weekly between onsite and remote working) 0 Some staff remotely working if high-risk Denton Public LibraryReopening Plan-Phasel Personal Protective Equipment for Staff DPL follows current CDC and Institute of Museum Gloves Required When and Library Services safety and cleaning 0 Handling library materials recommendations 0 Potential interactions with the public (curbside service) Sanitization Efforts Library Materials • Staff will check in and inspect items as normal • Materials will stay in quarantine on carts for 3 days, then will be shelved • Staff will sanitize newly returned items for hold pickup Surfaces • Enhanced janitorial cleaning nightly • Staff wipes down shared work surfaces and equipment throughout the day and at closing. Masks Required When • Staff is in shared workspaces that cannot accommodate 6 feet of separation • Staff may have potential interactions with the public (curbside service) • Staff is working in library stacks pulling or shelving materials with other staff members • Staff is working on projects that involve another staff member being in close proximity (less than 6 feet) Service Desk Shields Facilities installing temporary plexiglass service desk shields for future reopeninq phases City Facilities and Programs • City facilities will remain closed to the public until further notice • The City Manager's Office (CMO) has established an employee committee that is developing a re -opening plan for public and non- public buildings • City departments will be submitting their plans by the end of the week • CMO will be meeting with each department the week of May 11 • Checking for consistency in safety (PPE) protocols and signage, medical checks, and cleaning/custodial capabilities • Establishing protocols for employees to tele -work vs. onsite presence • Assessing social distancing and facility modifications, if necessary • Staff will report back to City Council on the re -opening strategy of Cityfacilities IOF 2020 DENTON Proposed Amended Order (ID#20-923) • Last week, on April 30, Council extended the disaster declaration and adopted a new order • On Consent Agenda today, there is an item for Council consideration with two proposed modifications to the order: 1. To allow staff to resume acceptance of all development applications • Several development projects are prepared to submit platting or zoning applications • Planning and Zoning Commission is meeting virtually • Pending approval, staff plans to accept all development application types beginning on Wednesday, Y Ma 6 2. To move the expiration date of the order from May 15 to May 31 • To align with the expiration date of the declaration • And incorporates any new executive order the Governor Abbott may issue to align with gubernational orders through the end of the month l CITY OF DENTON Questions? CITY �F DENTON City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON File #: ID 20-731, Version: 1 Legislation Text AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the 2019-20 Audit Plan. City of Denton Page 1 of 1 Printed on 4/30/2020 powered by LegistarTM City of Denton City Hall 215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Internal Audit STAFF AUDITOR: Madison Rorschach DATE: May 5, 2020 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the 2019-20 Audit Plan. BACKGROUND On December 17th, 2019, the City Auditor presented this year's Audit Plan which included several audits selected from the City Auditor's Office's risk assessment and one audit requested by a Council Member. During the discussion on the audit requested by a City Council Member, the Utility Easement audit, the City Attorney agreed to provide, and has provided, additional information about past litigation related to utility easements. In addition, the Audit Plan presented to City Council on October 81h included an audit of Fleet Services. Since then, the administration hired an external firm to conduct an identical review. The Audit Plan was then presented to City Council during a Work Session. Both the Fleet Services audit and Utility Easement audit were assigned hours on the Audit Plan presented to City Council for their review and direction. The City Auditor requested the City Council replace both audits from the options submitted. The Council directed the City Auditor to replace the Fleet Services audit with a Human Resources Compliance audit. The City Council did not replace the Utility Easement audit and voted on the Consent Agenda on January 7, 2020 to approve the Audit Plan as modified, which included the Utility Easement audit. It has since been brought to our attention that the City Council did not intend to approve the Utility Easement audit. Therefore, the City Auditor's Office is bringing this item back for consideration. The December 17, 2019 Audit Plan presentation can be found at the following link: https:Hdentontx.new.swagit.com/videos/3 8621?ts=933 8 In addition, on March 13, 2020, the City Council issued a declaration of local disaster to minimize the spread of COVID-19. In response, the City Auditor's Office would like the City Council to consider amending the 2019-20 Audit Plan to include a COVID-19 Response Audit Series. Approval of this series would provide the City Auditor's Office needed flexibility to identify areas where Audit could best add value during these unprecedented times. While the exact content of this series is not yet determined, Audit staff would ensure that the City Council is informed of audit projects as they develop. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On September 17, 2019 the Audit/Finance Committee received a report on the 2019-20 Audit Plan and recommended moving this item forward for the City Council's consideration. The Audit Plan was then presented at a City Council Work Session on October 8, 2019. Upon City Council's receipt of documentation from the City Attorney's Office, the Audit Plan was again presented on December 17, 2019 and approved by City Council on the Consent Agenda on January 7, 2020. On March 17, 2020, the Audit/Finance Committee recommended that the City Council consider the Utility Easement audit during a Work Session and provide further clarification. EXHIBITS 1. Agenda Information Sheet 2. Presentation 3. Agenda Information Sheet 12-17-19 4. Agenda Information Sheet 1-07-20 5. Ordinance 20-022 6. December Audit Plan Presentation Respectfully submitted: Madison Rorschach, 940-349-7228 Staff Auditor r ZU19-ZU AUdit Pia ndate 07, Nil 0.1 Audit Plan = Current Status AM Facilities Reporting CIP — Planning & Design Grants Management Reporting CIP — Property Acquisition Assessment of DME Not Started CIP — Construction Payroll Administration Not Started Procurement Follow Up Health Insurance Fund Not Started Customer Service Follow Up HR Compliance with Laws Not Started Police Property Room Follow Up Meter Reading Not Started P -Card Follow Up Presentation — CC Presentation — CC Presentation — A/F Complete Fieldwork Not Started Not Started Utility Easements On Hold Audit Phases: Initiation & Fieldwork Reporting Presentation I CITY OF DENTON Planning Legistar ID: 20-731 Discussion Items Summary • Utility Easements Audit Clarification • Potential COVID-19 Audit Series CITY OF DENTON Audit Plan Process Discussion Items — Utility Easements Received UE Audit Request Oct. 2019 Sought direction from City Council CITY OF DENTON Dec. 2019 Sought additional direction from Council January 2020 FY2019-20 Audit Plan Ordinance Approved Mar. 2020 Reconsideration Discussion Items — Utility Easements Objective: Evaluate controls over the placement of high voltage transmission lines Risk: Hazardous to residents health if placed too close to structures. 4CO TYf L�� DENTON 5 of 7 Discussion Items — COVID-19 Audit Series • Currentl scheduled audits are not feasible under the current conditions • Approval would provide needed flexibility for Audit to best deliver our services • Audit areas would be developed directly with management & reported to Council I CITY OF Legistar ID: 20-731=f DENTON Potential Topics • Review adeq uacy of supporting documentation: • FEMA Reimbursement • Emergency Purchases is Evaluate controls over new or adjusted processes: • P -Card purchases &approvals • Equipment returns (laptops, badges, p -cards, etc.) • Etc. Questions? City Auditor's Office Madison Rorschach, Staff Auditor CITY OF DENTON CITY __- l OF DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Internal Audit CITY AUDITOR: Umesh Dalal DATE: December 17, 2019 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com SUBJECT Receive a report, hold a discussion, and give staff direction regarding the 2019-20 audit plan. BACKGROUND The City Auditor's Office is charged with the responsibility of conducting audits to assess a variety of risks including: internal control weaknesses, inefficiencies in City operations, ineffectiveness of City programs, and non-compliance with laws, regulations, and policies. Each year, an audit plan is prepared and presented to establish the workload of the City Auditor's Office. The plan presented this year includes several audits selected from the City Auditor's Office's risk assessment and one audit that was requested by a Council Member. The City Auditor presented his audit plan to the City Council on October 8, 2019. During the discussion on one of the audits, the Utility Easement Audit requested by a City Council member, the City Attorney agreed to provide additional information about past litigation related to utility easements. The City Council asked the City Auditor to present the audit plan after the City Council receives the information from the City Attorney. The City Attorney has provided the relevant information to the easement audit to the City Council. In addition, the Audit Plan presented to City Council on October 8th included an audit of Fleet services. Since then, we have learned that the administration will be hiring an external firm to conduct an identical review. Under these circumstances, we would like to replace the Fleet Audit with alternate options. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On September 17, 2019 the Audit/Finance Committee received a report on the FY 19/20 Audit Plan and recommended moving this item forward for the City Council's consideration. The Audit Plan was then presented at a City Council Work Session on October 8, 2019. EXHIBITS 1. Agenda Information Sheet 2. Presentation Respectfully submitted: Umesh Dalal, 940-349-8158 City Auditor Prepared by: Madison Rorschach, 940-349-7228 Staff Auditor City of Denton City Hall -r" 215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Internal Audit CITY AUDITOR: Umesh Dalal DATE: January 7, 2020 SUBJECT Consider adoption of an ordinance of the City of Denton approving the FY 2019-20 Annual Audit Plan; and providing an effective date. The Audit/Finance Committee recommends approval (3-0). BACKGROUND In 2018, the City Auditor obtained background data on the City's operations after interacting with several department Directors and the City Manager's staff. An Audit Risk Assessment was completed using: Information obtained from the City personnel; Previous knowledge of government operations and Local Government Auditors' Association's audit report database Input from the City Council members. The risk assessment depicted the areas where auditing efforts will help in improving internal controls, efficiencies, effectiveness and compliance in the City operations. It should be noted that due to the prolonged absence of internal audit function in the City, the City Auditor did not have prior experience to assess the risk in the City of Denton. Therefore, the risk ratings are assigned using vulnerabilities experienced by operations similar to the City's operations as identified by auditors across the country. The risk assessment had identified about 200 audit areas. Using this risk assessment and some recent developments, the City auditor has prepared a preliminary audit plan for FY 2020. The Audit Plan was developed to complete one of the prior audits and propose additional audits for the FY 2020, which is presented for your review, approval, and adoption. RECOMMENDATION Approval and adoption of the ordinance for the Audit Plan for FY 2019-20. PRIOR ACTION/REVIEW (Council. Boards. Commissions) July 24, 2018 - The City Council adopted Ordinance 2018-1097. September 17, 2019 - The FY 2020 Audit Plan was presented to the Audit/Finance Committee. The Committee recommended approval and directed the City Auditor to proceed with presenting the Audit Plan to the City Council. October 8, 2019 - A Work Session item was presented to the City Council detailing the Internal Audit Annual Audit Plan. During this meeting, the City Council considered an audit of Electric Utility Easements as requested by a Council Member. The City Attorney agreed to provide additional information relevant to this subject matter, which was subsequently provided as discussed. Meanwhile, the City Administration has hired an outside firm to conduct a review of the City's Fleet operations. This audit was on our proposed audit plan. Based on guidance provided by the City Council on December 17, 2019, the City Auditor has revised the plan. EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 — Ordinance Respectfully submitted: Umesh Dalal — 940-349-8158 City Auditor sllegal\our documents\ordinances\19\audit plan ordinance for fy 19-20 clean.docx ORDINANCE NO. 20_022 AN ORDINANCE OF THE CITY OF DENTON APPROVING THE FY 2019-20 ANNUAL INTERNAL AUDIT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, one of the City Auditor's responsibilities is to create an Annual Audit Plan; and WHEREAS, upon conclusion of developing the FY 2019-20 Annual Audit Plan, the City Auditor presented it to City Council on October 8, 2019, and received additional requests for consideration; and WHEREAS, on December 17, 2019, the City Council considered the FY 2019-20 Annual Audit Plan as revised by the City Auditor; and WHEREAS, the City Council finds that this Ordinance is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Sl"JON 1. The recitals and findings contained in the preamble of this Ordinance are incorporated into the body of this Ordinance. SECTION 2. The City Council hereby approves the City Auditor's FY 2019-20 Annual Audit Plan as depicted in the memorandum attached hereto as Exhibit "A." SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. ...a..............�_ --- ��� �� approve ;� l `�the ordinance was ���� ����� �--- and seconded The motioli to a this ordinance was made b a� �t � by ; passed and approved by the I'llw following vote Q 1: Aye Nay Abstain Absent Chris Watts, Mayor: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: _ Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: V` Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the �" _ day 2020. CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARYN� BY: s APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY ...... . . .. ....._. ...... ®.. 9 ITZ CL .0 0 0 (D 00 tn m ss Qs u 6s CL E .. . .. .. ......... ....... ..... 0 0. ........... do Annua Plan 2019-20 Legistar Item 19-2783 December 17, 2019 Page 1 of 9 Annual Audit Plan • Annually, the City Auditor presents an aud' plan for City Council approval. � • The FY 19/20 Audit Plan was press fed by the City Auditor on October 8, 2019. Further directions are needed to finalize the plan. • Legistar Item 19-2783 December 17, 2019 Page 2 of 9 Basis of Preparing Audit Plan • In 2018, the City Auditor presented a risk analysis `1 identifying over 200 audit opportunities with va risks. 1.�. • The risk analysis was prepared using — financial information such as the budget and CAFR, — interviews with the City Council members to learn about their concerns, M►li1. 1,%rq4 — Interviews with the City management and department management to learn about operational concerns • The risks were ranked and the highest ranked risks were selected for review • The objective was to manage the risks faced by the City and keep them within a tolerance limit. Legistar Item 19-2783 December 17, 2019 Page 3 of 9 1 Annual Audit Plan in Detail Title quo Details Payroll Administration $85 million payroll costs Assessment of DME Meter Reading Health Insurance Fund Facilities Services Fleet Services 'ibe Grants Managemen Audit Follow-up Overflow — Capital Project Legistar Item 19-2783 Approx. $200 million revenues $41 million water revenue is co I I ected _ A $23 million claims Citywide dependence on these services Citywide dependence on these services f $125 million revenue Implementation of prior recommendations il$118 million authorized funding and abou$200 , million upcoming bonds �qm December 17, 2019 Objective IC T r'` Hours 350 750 � 350 01411 e M 350 350 .�c Page 4of9 Annual Audit Plan in Detail • Request By a Council Member Title _ Qbjeco Utility Easement I Le i mae 0 L� Hours 350 Legistar Item 19-2783 December 17, 2019 Page 5 of 9 Discussion Items Fleet Audit — Management will hire an outside. •.� audit firm. Duplication of efforts must be avoided. : • Utility Easement Audit — Waiting Council guidance"'k 1p .WM 0 for the City Legistar Item 19-2783 December 17, 2019 Page 6 of 9 Annual Audit Plan in Detail • Options Title HR compliance with laws k;1, -.SIX S Risk Management i Water Production and Distribution DME rate study qr %• Impact Objective Citywide personnel policies and compliE with laws Management of risk exposure $24 million budgete costs About $200 million revenue Legistar Item 19-2783 December 17, 2019 Hour C 4C 3! 4C 3! PF Page 7of9 Approval Needed • The City Auditor's Office requests the City `�. • Council's Approval of the proposed audi 6 a� with appropriate modification. X11 IL MEOW k7 eel& 0 Legistar Item 19-2783 December 17, 2019 Page 8 of 9 *0! e= Questions.? se Legistar Item 19-2783 December 17, 2019 Page 9 of 9 • .-C City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiiwlim� www.cityofdenton.com DENTON Legislation Text File #: ID 20-921, Version: 1 AGENDA CAPTION Consultation with Attorneys- Under Texas Government Code Section 551.071. Consultation, discussion, deliberation, and receipt of a report, hold a discussion, and give staff direction regarding an update to the City of Denton's COVID-19 response, and to provide the City's attorneys with direction, where a public discussion of these legal matters would clearly 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. City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 20-922, Version: 1 AGENDA CAPTION Consultation with Attorneys - Under Texas Government Code Section 551.071. Consultation with the City's attorneys regarding legal issues associated with the City's activities and actions related to Green Tree Estates, its residents, and property owners and the Declaration of Disaster and associated Council action affecting the same where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in negotiations, potential litigation, or administrative proceedings. City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 20-680, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton approving a consent to assignment of an Airport Lease between Tony A. Riley and James W. Huff and Nancy Huff, covering property at 4710 Lockheed, Denton, Texas at the Denton Enterprise Airport; and providing an effective date. City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton City Hall 11"'t"Mmm215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Airport ACM: Sara Hensley DATE: May 5, 2020 SUBJECT Consider adoption of an ordinance of the City of Denton approving a consent to assignment of an Airport Lease between Tony A. Riley and James W. Huff and Nancy Huff, covering property at 4710 Lockheed, Denton, Texas at the Denton Enterprise Airport; and providing an effective date. BACKGROUND The Tony A. Riley lease agreement is a 30 -year agreement with two, 10 -year options, dated August 27, 2001, effective September 1, 2001 to August 31, 2031. This 7,700 square foot leasehold which includes one, 2,500 sf hangar. James W. Huff and Nancy Huff are interested in acquiring this hangar facility for personal use. The proposed assignment does not include any renegotiated terms or conditions. OPTIONS 1. Adopt the proposed ordinance approving the assignment of the lease agreement as requested by Tony A. Riley and assignee to James W. Huff and Nancy Huff. 2. Adopt the proposed ordinance approving the assignment of the Tony A. Riley lease to James W. Huff and Nancy Huff with additional direction. 3. Take no action at this time. RECOMMENDATION Airport Staff recommends Option 1, approving the assignment of the lease agreement as requested. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Council approved the lease agreement on August 7, 2001, Ordinance 2001-274 Council approved lease assignment on June 15, 2010, Ordinance 2010-148 FISCAL INFORMATION This property lease is for 7,700 sf of land for a current annual lease rate of $1,258.42. The annual lease rate includes bi-annual Consumer Price Index adjustment and will be adjusted on September 1, 2020. The transfer fee of $1,000.00 has been remitted by the Assignor. EXHIBITS 1. Agenda Information Sheet 2. Site map 3. Request to Assign 4. Ordinance — Consent to Lease Assignment Respectfully submitted: Scott Gray, 349-7744 Director - Airport, Capital Planning, Facilities Prepared By: Leanne Hood, 349-7736 Administrative Assistant III - Airport � a a,y i °�iro�■ } , . - , i eco �v�i Site Map j R �,,,,,.�, Legend A Airport Terminal Riley/Huff Tony Riley Lease j V F t R � 6 \\C 1 y.■,� LL '�. +_ �_•_ I -' I—t'(,,! I.-r�.•'�- r. ..•F,z--e"asxirl tis }`1 ! d.•. a Ali I I C_ . � , •° h � y �.�, k;; ^a. � �'�t"':y ? .\$ ,,' I I i v lrt�•t t � � � � �� -� ' . .. � ' .4 r R' li ,h �,. <.�c�'f-5+77 Y �• � _i t II .'1=1I! Npl�ds ��' _ � _._ • I a 1{44'4'.p'�`�'Y 1 rt iti a, r-- s. lain t,^ 44 Vk 1 � �' �, ' .; ° Etb1E!¢N�! F•.--llFf�f! ! ! e I Y t,... ----.T -__ � -. � � �\ i ,•tv ;: •, � � sir .L Rpt - � P rr Tu e 2111 }2020 9;48 AM TR Tony Riley <tarrope@yahoo.eorn> Lease assignment To Airport Group Mailbox Cc Jim Huff This message has originated from an Extennal Source_ Please be cautious regarding links and attac' -n e nts- Please be advised that I want to assign my lease at 4710 Lockheed to Jim Huff. Please proceed in helping him obtain the lease. Thank you, and should you have questions or comments, please advise. Tony A. Riley 940-206-0954 sAlegahour docuntentslordinances1201airport -consent to assignment riley to jim huff.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON APPROVING A CONSENT TO ASSIGNMENT OF AN AIRPORT LEASE BETWEEN TONY A. RILEY AND JAMES W. HUFF AND NANCY HUFF, COVERING PROPERTY AT 4710 LOCKHEED, DENTON, TEXAS AT THE DENTON ENTERPRISE AIRPORT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 7, 2001, the City of Denton, a Texas home -rule municipal corporation (hereinafter the "City"), entered into that certain Airport Lease Agreement — Commercial Operator (the "Lease") with Michael Moore ("Moore") covering the property located at 4710 Lockheed at the Denton Enterprise Airport ("Airport"); and WHEREAS, on June 15, 2010, Moore assigned his interest in the Lease to Tony A. Riley ("Assignor"); and WHEREAS, Assignor has agreed to assign its interest in the Lease to James W. Huff and Nancy Huff ("Assignee") as evidenced by that certain Lease Assignment of Pad Site at 4710 Lockheed, Denton Enterprise Airport, attached hereto as Exhibit A; and WHEREAS, the Lease requires written consent of the City for the Assignment to be -effb-Gt�v, , and Assignor has re, qc--*z City for -such consent; and WHEREAS, the City Council deems it in the public interest to give consent to the assignment contemplated above; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager, or his designee, is hereby authorized to execute a Lease Assignment of Pad Site at 4710 Lockheed, Denton Enterprise Airport, in the form attached hereto as Exhibit A and made a part of this Ordinance for all purposes. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by , the ordinance was passed and approved by the following vote - 1: Chris Watts, Mayor: Gerard Hudspeth, District 1: Aye Nay Abstain Absent 1 Keely Briggs, District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 5: PASSED AND APPROVED this the day of _ , 2024. CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY LEASE ASSIGNMENT OF PAD SITE AT 4710 LOCKHEED DENTON ENTERPRISE AIRPORT DATE: Marche -2020 ASSIGNOR Tony A. Riley ASSIGNEE: James W. Huff and Nancy Huff LEASE: August 7, 2001, to Michael Moore, City of Denton Approval Ord. 2001-274 Assignor assigns to Assignee his interest in the Lease. A. Assignee Agrees to: Assume Tenant's Obligations under the Lease; Accept the premises in their present "as is" condition; and Complete all obligations of purchase from Assignor prior to this Assignment becoming effective. B. Landlord consentslo-theAssigumEtt-. Landlord agrees that following assignment, itshall look solely to Assignee for fulfillment of the lease obligations. C. Assigner agrees that: 1. Assignor confirms that the Lease and any improvements with respect to the property at 4710 Lockheed is to be transferred to James W. Huff and Nancy Huff. 2. Assignor will pay or will cause the Assignee to pay to Landlord a $1,000 transfer fee. PREVIOUS ASSIGNMENTS: Michael Moore to Tony A. Riley, June 15, 2010, Consent given by City of Denton Approval Ord. 2010-148 [Signatures on following pages] Page 1 of 4 44 on A Rdey STATEF TEXAS COUNTY OF Da, -.A -or, This instrument was acknowledged before me on the / O '- day of Ma,-•c.,k 2020, by Tony R Riley, Assignor. [S tAY�t2;i3488B2 dhL �•,�oF Exp�asJineA MI Notary Pffblic, State of Texas Page 2 of 4 My Commission Expires:% 4ers H and N u Jam Hn N cy -91�ff or S E (OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 10& day of �Y�^, 2024, by .tames W_ Huff and Nancy Huff, .Assignee, on behalf of said company. [SE , 3 F._ MARGAREETRDAI � C� --9 ?e mi IDA 1253M2 vNOt82y , State of Teras � r.HCf � �TJuran�2MI Public, My Commission Expires: Page 3 of 41 Consent. City of Denton, Landlord Todd Hi%man, City Manager ATTEST: Rosa Rios, City Secretary STATE OF TEXAS COUNTY OF DENTON Approved as to Legal Form: Aaron Leal, City mey This instrument was acknowledged before me on the day of 12020, by Todd Hileman on behalf of the City of Denton, a Texas home -rule municipal corporation. [SEAL] Page 4 of 4 Notary Public, State of Texas - ------- My Commission Expires: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 20-841, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and CASA of Denton County to provide Community Development Block Grant funds for improvements to the facility at 604 and 610 North Bell Avenue, Denton, Texas; authorizing the expenditure of funds not to exceed $40,000.00; and providing an effective date. City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton City Hall 1"I&IMMM 215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Public Affairs and Community Development CM/ DCM/ ACM: Sara Hensley DATE: May 5, 2020 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and CASA of Denton County to provide Community Development Block Grant funds for improvements to the facility at 604 and 610 North Bell Avenue, Denton, Texas; authorizing the expenditure of funds not to exceed $40,000.00; and providing an effective date. BACKGROUND CASA of Denton County is a nonprofit facility that serves children removed from their homes and placed in foster care because of abuse/neglect. Activities focus on investigation and monitoring of a child's situation while "in the system," representing their best interests by making recommendations to the judge on behalf of the child throughout the life of a case and for a permanent home. The Court Advocacy Program is operated at 604 and 610 North Bell Avenue Denton, Texas, including program administration and volunteer training. Staff and volunteers provide services off-site at the children's location. The program operates from Monday -Friday, 8:30 am - 5:00 pm and other times by appointment. In order improve the public facility, the City of Denton Community Development Block Grant (CDBG) will be used to pay the costs associated with improvements to the public facility to ensure compliance with the Americans with Disabilities Act at 604 and 610 North Bell Avenue, Denton Texas 76209. Public improvements that will be completed include the following: 1. Repair pavement slope in the parking lot; 2. Re -stripe parking lot to identify ADA parking spaces; 3. Repair damaged sidewalks to ensure ADA compliance; 4. Installation of ADA curb cuts; and 5. Install ADA Signage. Project Funding Program Year 2019-20 Community Development Block Grant funds are budgeted for the project. The Community Development Advisory Committee recommended approval of funding for improvements to CASA of Denton County last year. Funding for the project was included in the 2019 Action Plan for Housing and Community Development for program year August 1, 2019 -July 31, 2020. City Council approved the 2019 Action Plan for Housing and Community Development with Ordinance No. 19-1146, on June 4, 2019. The U.S. Department of Housing and Urban Development (HUD) approved the Action Plan in July 2019, and funds became available in August 2019. The process of developing an agreement began in August 2019 and was completed in February 2020. During this time, Community Development worked to streamline the CDBG agreement to ensure that all HUD regulations were included. Community Development also worked with CASA of Denton County to develop a detailed project description and a work statement to include in the agreement. This time also provided the Legal Department time to review the agreement to ensure it was based on local and federal requirements. The draft agreement was reviewed by the agency and the final agreement is being submitted to City Council for approval. Community Development staff costs to monitor construction and labor standards compliance are paid through CDBG administration funds. OPTIONS • Approve the CASA of Denton County funding agreement; • Not approve the CASA of Denton County funding agreement. ESTIMATED SCHEDULE OF PROJECT • City Council Approves Funding Agreement — March 2020 • CASA of Denton County initiates and completes scope of work and competitive bidding process — March through August 2020 • Installation of Parking Lot Improvements — September through December 2020 • Completion of all improvements — December 2020 • Community Development monitors CASA of Denton County for CDBG compliance through quarterly reporting requirements and onsite inspection until February 28, 2026. F,XHTRTTIS Exhibit 1 — Agenda Information Sheet Exhibit 2 — CASA Ordinance -Agreement Respectfully submitted: Danielle Shaw Community Development Manager Prepared By: Luisa Garcia Community Development Coordinator ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY AND CASA OF DENTON COUNTY TO PROVIDE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR IMPROVEMENTS TO THE FACILITY AT 604 AND 610 NORTH BELL AVENUE, DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS NOT TO EXCEED $40,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City received funds from the U.S. Department of Housing and Urban Development under the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City Council approved the 2019 Action Plan for Housing and Community Development which includes an authorized budget expenditure of funds for public improvements for CASA of Denton County; and WHEREAS, the CASA of Denton County has developed a program to assist low and moderate -income children with court advocacy; and WHEREAS, the City Council deems it in the public interest to enter into an agreement for public facility improvement to provide much needed services for Denton residents; and WHEREAS, CITY has designated the Community Development Division as the division responsible for the administration of this Agreement and all matters pertaining thereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. SECTION 1. The findings and recitations in the preamble of this ordinance are incorporated herein by reference as true and as if fully set forth in the body of this ordinance. SECTION 2. The City Manager is hereby authorized to execute the attached Agreement between the City of Denton and CASA of Denton County to provide for ADA accessibility improvement to the facility assisting abused children with court advocacy services noted therein. SECTION 3. The City Council hereby authorizes the City Manager to expend funds in the manner and amount specified in the Agreement, not to exceed $40,000, and to take any other actions necessary to complete the City's obligations under the Agreement. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by , the ordinance was passed and approved by the following vote Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. 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 )2020. ATTEST: ROSA RIOS, CITY SECRETARY I: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY 1 CHRIS WATTS, MAYOR AGREEMENT BETWEEN THE CITY OF DENTON AND CASA OF DENTON COUNTY This Agreement is made and entered into by and between the City of Denton, a Texas home -rule municipal corporation, acting by and through its City Manager, pursuant to Ordinance 19-1146, hereinafter referred to as CITY, and CASA of Denton County (CASA), 614 N. Bell Avenue, Denton, Texas 76209, a Texas non-profit corporation, hereinafter referred to as SUBRECIPI- ENT. WHEREAS, CITY has received certain funds from the U.S. Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, as amended, CDBG Program, CFDA Number 14-218; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for improvements to SUBRECIPIENT's public facility; and WHEREAS, CITY has designated the Community Development Division as the division respon- sible for the administration of this Agreement and all matters pertaining thereto; and NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound, to the mu- tual obligations and to the performance and accomplishment of the conditions hereinafter de- scribed. 1. TERM This Agreement shall commence on or as of March 1, 2020, and shall terminate on February 28, 2021, unless sooner terminated in accordance with Section 25 "Termination." 2. RESPONSIBILITIES A. The CITY's Community Development Manager will be CITY's representative responsible for the administration of this Agreement. B. SUBRECIPIENT hereby accepts the responsibility for the performance of all services and activities described in the Scope of Services attached hereto as Exhibit A, and incorporated herein by reference, in a satisfactory and efficient manner as determined by CITY, in accord- ance with the terms herein. CITY will consider SUBRECIPIENT's executive officer to be SUBRECIPIENT's representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from SUBRECIPI- ENT and approved by CITY. C. SUBRECIPIENT certifies that the activities carried out with Community Development Block Grant ("CDBG") funds shall meet the CDBG program's National Objective of benefit to low and moderate -income persons. D. SUBRECIPIENT shall provide services to persons whose income is equal to or lower than 80% of the area median income of the Dallas standard metropolitan statistical area. To ac- complish this, the SUBRECIPIENT shall use the current applicable income limits published by HUD for the CDBG program. Income eligibility shall be determined by the sum of the gross income of all individuals residing in the household. Services must be provided directly to or on behalf of specific identified eligible clients. Eligibility documentation must be in- cluded in each client's file and updated annually, or services must be provided to a clientele that is within a "presumed benefit" category as specified in 24 CFR 570.208. 3. OBLIGATIONS A. Limit of Liability. CITY will reimburse SUBRECIPIENT for expenses incurred pursuant and in accordance with the Project Budget attached hereto as Exhibit B and the Scope of Ser- vices herein attached as Exhibit A; both incorporated herein by reference. Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of Forty -Thousand Dollars ($40,000). B. Measure of Liability. In consideration of full and satisfactory services and activities here- under by SUBRECIPIENT and receipt of a requisition for payment with appropriate docu- mentation of expenditures, CITY shall make payments to SUBRECIPIENT based on the Budget in Exhibit B, subject to the limitations and provisions set forth in this Section and Section 7 of this Agreement. Payments may be contingent upon certification of the SUBRE- CIPIENT's financial management system in accordance with the standards specified in 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. (1) The parties expressly understand and agree that the CITY's obligations under this Section are contingent upon the actual receipt of adequate CDBG funds to meet CITY's liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify SUBRECIPIENT in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section, or terminate the Agreement. If CDBG funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to SUBRECIPIENT under this Agreement. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed, or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date or after the ending date specified in Section 1; (c) is not in strict accordance with the terms of this Agreement, including all Exhibits hereto; (d) has not been billed to CITY within 90 calendar days following billing to SUBRECIP- IENT, or termination of the Agreement, whichever date is earlier; or (e) is not an allowable cost as defined by Section 10 of this Agreement or the Project Budget. Page 2 (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of SUBRECIPIENT requiring prior written authorization from CITY, or after CITY has requested that SUBRECIPIENT furnish data concerning such action prior to proceeding further, unless and until CITY advises SUBRECIPIENT to proceed. (5) CITY shall not be obligated or liable under this Agreement to any party other than SUB - RECIPIENT for payment of any monies or provision of any goods or services. (6) Funding not expended within the period of the Agreement will revert to the City of Den- ton CDBG budget for use on alternative projects. C. SUBRECIPIENT'S Obligations. In consideration of the receipt of funds from the CITY, the SUBRECIPIENT agrees to the following terms and conditions: (1) Forty -Thousand Dollars ($40,000) may be paid to SUBRECIPIENT by CITY, and the only expenditures reimbursed from these funds shall be those in accordance with the Project Budget set forth in Exhibit B for those expenses listed in the Scope of Services as provided herein. SUBRECIPIENT shall not utilize these funds for any other purpose. (2) It will establish, operate, and maintain an account system for these funds that will allow for tracing of funds and a review of the financial status of the project. The system will be based on generally accepted accounting principles as recognized by the American Institute of Certified Public Accountants. (3) It will permit authorized CITY officials to review its books at any time. (4) It will reduce to writing all of its rules, regulations, and policies and file a copy with CITY's Community Development Office along with any amendments, additions, or revisions whenever adopted. (5) It will not enter into any contracts that would encumber CITY funds for a period that would extend beyond the term of this Agreement. (6) It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to CITY's Community Development Division for further direction. (7) It will appoint a representative who will be available to meet with CITY officials when requested. (8) It will indemnify and hold harmless CITY, its officers, and employees, from any and all claims and suits arising out of the project or activities of SUBRECIPIENT, its employees, or contractors. (9) It will submit to CITY copies of year-end audited financial statements. 4. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS A. SUBRECIPIENT understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assuranc- es. Accordingly, SUBRECIPIENT assures and certifies that it will comply with the require - Page 3 ments of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder and codified at 24 CFR 570. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon SUBRECIPI- ENT by law or administrative ruling or to narrow the standards which SUBRECIPIENT must follow. B. SUBRECIPIENT further agrees and certifies that if the regulations and issuances promulgat- ed pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section 23 of this Agreement. C. SUBRECIPIENT agrees to abide by the conditions of and comply with the requirements of 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and the regulations at 24 CFR Part 84 as applicable. D. SUBRECIPIENT shall comply with all applicable federal laws, laws of the State of Texas, and ordinances of the City of Denton. E. SUBRECIPIENT is required to comply with the applicable uniform administrative require- ments as described in 24 CFR 570.502, 570.505, and 24 CFR 570 subpart K with the excep- tions noted below: (1) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at CFR 570.604; and (2) SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR Part 52. F. SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in ac- cordance with the Davis -Bacon Act as amended, the provisions of the Contract Work Hours Safety Standards Act, the Copeland "Anti -Kickback" Act (40 U.S.C. 276a -276a-5; 40 USC 327 and 40 USC 276c), and all other applicable Federal, state, and local laws and regulations pertaining to labor standards, insofar as those acts apply to the performance of this Agree- ment. SUBRECIPIENT will work with CITY to obtain and maintain documentation of com- pliance. Upon written request by the CITY, SUBRECIPIENT will obtain the services of consultant to monitor the contractor's compliance with these requirements. G. SUBRECIPIENT agrees to comply with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement and agrees that these provisions shall also be binding on any of the SUBRE- CIPIENT'S subcontractors. SUBRECIPIENT certifies that no contractual or other disability exists which would prevent compliance with these requirements. SUBRECIPIENT further agrees to include a statement in all subcontracts requiring compliance with Section 3 and re- quiring subcontractors, to the greatest extent feasible, to provide opportunities for training and employment to low and moderate -income individuals that are residents of the project ar- ea. Upon written request of the CITY, SUBRECIPIENT will obtain the services of a con- sultant to monitor the general contractor's compliance with the Section 3 requirements. H. SUBRECIPIENT shall not use funding under this Agreement to include the outcome of elec- tions or the passage or defeat of any legislative measures. SUBRECIPIENT understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an ap- proved Grant Application and specific assurances. Accordingly, SUBRECIPIENT assures and Page 4 certified that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder and codi- fied at 24 CDBG 570. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon SUBRECIPIENT by law and administrative ruling, or to narrow the standards which SUBRECIPIENT must follow. I. SUBRECIPIENT will comply with the Federal procurement standards at 2 CFR 200 Subpart D — Post Federal Award Requirements. 5. REPRESENTATIONS A. SUBRECIPIENT assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate, and official motion, resolution, or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of SUBRECIPIENT do hereby warrant and guarantee that he, she, or they have been fully authorized by SUBRE- CIPIENT to execute this Agreement on behalf of SUBRECIPIENT and to validly and legally bind SUBRECIPIENT to all terms, performances, and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently termi- nate this Agreement if there is a dispute as to the legal authority of either SUBRECIPIENT or the person signing the Agreement to enter into this Agreement. SUBRECIPIENT is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. D. SUBRECIPIENT agrees that the funds and resources provided to SUBRECIPIENT under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, SUBRECIPIENT h,,id this Agreement not been executed. 6. PERFORMANCE BY SUBRECIPIENT SUBRECIPIENT will provide, oversee, administer, and carry out all of the activities and ser- vices set out in the Scope of Services in Exhibit A, utilizing the funds described in Exhibit B, deemed by both parties to be necessary and sufficient payment for full and satisfactory perfor- mance of the program, as determined solely by CITY and in accordance with all other terms, provisions, and requirements of this Agreement. No modifications or alterations may be made in the Scope of Services or Budget without the pri- or written approval of the CITY's Community Development Manager. Page 5 7. PAYMENTS TO SUBRECIPIENT A. The CITY shall pay to the SUBRECIPIENT a maximum amount of money not to exceed Forty -Thousand Dollars ($40,000) for activities carried out under this Agreement. CITY will pay these funds on a reimbursement basis to the SUBRECIPIENT within twenty days after CITY has received supporting_ documentation of eligible expenditures. Documentation of ex- penditures must be submitted to the CITY's Community Development Divisions by dates re- quired by Community Development. SUBRECIPIENT's failure to request reimbursement or provide supporting information on a timely basis may jeopardize present or future funding. The project must be completed, and all payments requested on or before February 28, 2021. No additional payments will be made if the work is not completed and the payment re- quest(s) with appropriate documentation is not received by February 28, 202 1. B. Funds are to be used for the sole purpose of completing facility improvements based on the Budget in Exhibit B. These improvements will support the SUBRECIPIENT'S efforts to carry out the activities described in the Scope of Services in Exhibit A. C. Excess Payment. SUBRECIPIENT shall refund to CITY within ten working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time there- after determines: (1) has resulted in overpayment to SUBRECIPIENT; or (2) has not been spent strictly in accordance with the terms of this Agreement; or (3) is not supported by adequate documentation to fully justify the expenditure. D. Disallowed Costs. Upon termination of this Agreement, should any expense or change for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, HUD, or any other Federal agency, SUBRECIPIENT will refund such amount to CITY within ten working days of a written notice to SUBRECIPI- ENT, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any funds received from or through CITY E. Reversion of Assets. SUBRECIPIENT, upon expiration of this Agreement, shall transfer to the CITY any CDBG funds on hand at the time of expiration and any accounts receivable at- tributable to the use of CDBG funds. If CITY finds that SUBRECIPIENT is unwilling and/or unable to comply with any of the terms of this Agreement, CITY may require a refund of any and all money expended pursuant to this Agreement by SUBRECIPIENT, as well as any remaining unexpended funds which shall be refunded to CITY within ten working days of a written notice to SUBRECIPIENT to revert these financial assets. The revision of these financial assets shall be in addition to any other remedy available to CITY either at law or in equity for breach of this Agreement. F. Obligation of Funds. In the event that actual expenditure rates deviate from SUBRECIPI- ENT's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such underexpended funds. G. Contract Close Out. If requested, SUBRECIPIENT shall submit the Agreement close out package to CITY. together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, wit.hM 15 working Page 6 days following the close of the Agreement period. SUBRECIPIENT shall utilize the form agreed upon by CITY and SUBRECIPIENT. 8. WARRANTIES SUBRECIPIENT represents and warrants that: A. All information, reports, and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate, and fairly reflect the financial condition of SUBRECIPIENT on the date shown on said report, and the results of the operation for the period covered by the re- port, and that siricc said date, there has been no material change, adverse or otherwise, in the financial condition of SUBRECIPIENT. C. No litigation or legal proceedings are presently pending or threatened against SUBRECIPI- ENT. D. None of the provisions herein contravene or are in conflict with the authority under which SUBRECIPIENT is doing business or with the provisions of any existing indenture or agreement of SUBRECIPIENT. E. SUBRECIPIENT has the power to enter into this Agreement and accept payments hereunder and has taken all necessary action to authorize such acceptance under the terms and condi- tions of this Agreement. F. None of the assets of SUBRECIPIENT are subject to any lien or encumbrance of any charac- ter, except for current taxes not delinquent, except as shown in the financial statements and/or other documents furnished by SUBRECIPIENT to CITY. G. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. H. SUBRECIPIENT agrees to execute a lien that will be placed on the property improved with CDBG funds. The lien will name CITY as the primary beneficiary for a period not to exceed ten years. 9. COVENANTS A. During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, SUBRECIPIENT shall not, without the prior written consent of the Community Development Manager or his/her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of SUBRECIPIENT now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of SUB - RECIPIENT which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. Page 7 (2) Sell, assign, pledge, transfer, or otherwise dispose of accounts receivables, notes, or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity, or corporation as guarantor, surety, or accommodation endorser. (5) Sell, donate, loan, or transfer any equipment or item of personal property purchased with funds paid to SUBRECIPIENT by CITY, unless CITY authorizes such transfer. (6) Enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of CITY prior to the execution of such an agree- ment or subcontract. B. SUBRECIPIENT agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Division. 10. ALLOWABLE COSTS A. Costs shall be considered allowable only if incurred directly and specifically in the perfor- mance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B. B. CITY shall not be obligated to any third parties, including any contractors or subcontractors of SUBRECIPIENT, and CITY funds shall not be used to pay for any contract service ex- tending beyond the expiration of this Agreement. C. Approval of SUBRECIPIENT's Budget, Exhibit B, does not constitute prior written approv- al, even though certain items may appear herein. CITY's prior written authorization is re- quired in order for the following to be considered allowable costs: (1) Any alternations, deletions, or additions to the Project Budget in Exhibit B. (2) Any fees or payments for consultant services. D. Written requests for prior approval are SUBRECIPIENT's responsibility and shall be made within sufficient time to permit a thorough review by CITY. SUBRECIPIENT must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Agreement must be conducted in its entirety in accord- ance with the provisions of this Agreement. 11. PROGRAM INCOME A. For purposes of this Agreement, Program Income means earnings of SUBRECIPIENT realized from activities resulting from this Agreement or from SUBRECIPIENT's man- agement of funding provided or received hereunder. Such earnings include, but are not limited to, income from interest, usage or rental or lease fees, income produced from con- tract -supported services of individuals or employees, or from the use or sale of equipment Page 8 or facilities of SUBRECIPIENT provided as a result of this Agreement, and payments from clients or third parties for services rendered by SUBRECIPIENT under this Agree- ment. B. SUBRECIPIENT shall maintain records of the receipt and disposition of Program In- come in the same manner as required for other contract funds and reported to CITY in the format prescribed by CITY. CITY and SUBRECIPIENT agree that any fees collected for services performed by SUBRECIPIENT shall be used for payment of costs associated with service provision. Revenue remaining after payment of all program expenses for service provision shall be considered Program Income and shall be subject to all the re- quirements of this Agreement and the regulations found at CFR, Section 570.504. B. SUBRECIPIENT shall include this Section in its entirety in all of its contracts and sub- contracts which involve other income-producing services or activities. C. It is SUBRECIPIENT's responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the perfor- mance thereof, constitutes Program Income. SUBRECIPIENT is responsible to CITY for the repayment of any and all amounts determined by CITY to be Program Income, unless otherwise approved in writing by CITY. D. Recording Program Income. The receipt and expenditure of program income as defined in Section 570.500(a) shall be recorded as part of the financial transactions of the grant pro- gram. E. Disposition of Program Income Received by Recipients. (1) Program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds. 2) If the recipient chooses to retain program income, that income shall affect withdrawals of grant funds from the U.S. Treasury as follows: (i) Program income in the form of repayments to, or interest earned on, a revolving fund as defined in Section 570.500(b) shall be substantially disbursed from the fund before additional cash withdrawals are made from the U.S. Treasury for the same activity. (This rule does not prevent a lump sum disbursement to finance the rehabilitation of privately owned properties as provided for in Section 570.513.) (ii) Substantially all other program income shall be disbursed for eligible activities before additional cash withdrawals are made from the U.S. Treasury. (3) Program income on hand at the time of closeout shall continue to be subject to the eligibility requirements in Subpart C and all other applicable provisions of this part until it is expended. Page 9 (4) Unless otherwise provided in any grant closeout agreement, and subject to the requirements of paragraph (b) (5) of this section, income received after closeout shall not be governed by the provisions of this part, except that, if at the time of closeout the recipient has another ongoing CDBG grant received directly from HUD, funds received after closeout shall be treated as program income of the ongoing grant program. (5) If the recipient does not have another ongoing grant received directly from HUD at the time of closeout, income received after closeout from the disposition of real property or from loans outstanding at the time of closeout shall not be governed by the provisions of this part, except that such income shall be used for activities that meet one of the national objectives in Section 570.208 and the eligibility requirements described in Section 105 of the Act. 12. MAINTENANCE OF RECORDS A. SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibits A and B, and with any other applicable Federal and State reg- ulations establishing standards for financial management, including 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the regulations at 24 CFR Part 570 as applicable including, Title 24 CFR Sections 570.502 (b), 570.504, and 570.506 as they pertain to costs incurred, audits, Program Income, administration, and other activities and functions. SUBRECIPIENT's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve SUBRECIPIENT of fiscal accountability and liability under any other provision of this Agreement or any applicable law. SUBRECIPIENT shall include the substance of this provision in all subcontracts. B. SUBRECIPIENT agrees to retain all books, records, documents, reports, and written ac- counting procedures pertaining to the operation of programs and expenditures of funds under this Agreement for five years after the termination of all activities funded under this agree- ment. C. Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of responsi- bility for retaining accurate and current records, which clearly reflect the level and benefit of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, the SUBRECIPIENT shall make available to CITY, HUD, or any of their authorized representatives, all of its rec- ords and shall permit CITY, HUD, or any of their authorized representatives to audit, exam- ine, make excerpts and copies of such records, and to conduct audits of all contracts, invoic- es, materials, payrolls, records of personnel, conditions of employment, and all other data re- quested by said representatives. 13. Page 10 REPORTS AND INFORMATION A. At such times and in such form as CITY may require, SUBRECIPIENT shall furnish such statements, records, data, and information as CITY may request and deem pertinent to mat- ters covered by this Agreement. B. SUBRECIPIENT shall submit beneficiary and financial reports to CITY no less than once per quarter. The beneficiary report shall detail client information, including race, income, female head of household, and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section 1 of this Agreement. Beneficiary and financial reports shall be due to City within 15 working days after the end of each quarter. C. Unless the CITY has granted a written exemption, SUBRECIPIENT shall submit an audit conducted by independent examiners in accordance with Generally Accepted Accounting Principles. If the SUBRECIPIENT receives and/or expends more than $750,000 in federal funding, the audit must be conducted in accordance with 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as applicable, within thirty days after receipt of such audit. 14. MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of SUBRECIPIENT's performances under this Agreement. B. SUBRECIPIENT agrees that CITY may carry out monitoring and evaluation activities to en- sure adherence by SUBRECIPIENT to the Scope of Services, Program Goals, and Objectives in Exhibit A, as well as other provisions of this Agreement. C. SUBRECIPIENT agrees to cooperate fully with CITY in the development, implementation, and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibilities. D. SUBRECIPIENT agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff members to coordinate the monitoring pro- cess as requested by CITY staff. E. After each official on-site monitoring visit, CITY shall provide SUBRECIPIENT with a writ- ten report of monitoring findings, documenting findings and concerns that will require a writ- ten response to the City. An acceptable response must be received by the City within 60 days from the SUBRECIPIENT's receipt of the monitoring report or audit review letter. Future contract payments can be withheld for SUBRECIPIENT's failure to submit a response within 60 days. F. SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of SUBRECIPIENT's funding or regulatory bodies to CITY within five working days of receipt by SUBRECIPIENT. G. SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and sup - Page 11 ported with documented evidence of follow-up actions taken to correct areas of noncompli- ance. 15. DIRECTORS' MEETINGS A. During the terms of this Agreement, SUBRECIPIENT shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice and shall include an agenda and a brief description of the matters to be discussed. SUBRE- CIPIENT understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. B. Minutes of all meetings of SUBRECIPIENT' s governing body shall be available to CITY within ten days after Board approval. 16. INSURANCE A. SUBRECIPIENT shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, com- monly referred to as "Owner/Tenant" coverage, with CITY named as an additional in- sured. Upon request of SUBRECIPIENT, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. SUBRECIPIENT will comply with applicable workers' compensation statutes and will ob- tain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. SUBRECIPIENT will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated by SUBRECIPIENT. All employees of SUBRECIPIENT who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in SUBRECIPIENT's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement and remain the sole responsibility of SUBRECIPIENT. F. The policy or policies of insurance shall contain a clause which requires that CITY and SUBRECIPIENT be notified in writing of any cancellation of change in the policy at least 30 days prior to such change or cancellation. 17. CIVIL RIGHTS / EQUAL OPPORTUNITY A. SUBRECIPIENT shall comply with all applicable equal employment opportunity and af- firmative action laws or regulations. The SUBRECIPIENT shall not discriminate against any Page 12 employee or applicant for employment because of race, color, creed, religion, national origin, gender, age, or disability. The SUBRECIPIENT will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or re- cruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. B. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b), Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Dis- crimination Act of 1975, and Executive Order 11063 and Executive Order 11246 as amended by Executive Orders 11375 and 12086. C. SUBRECIPIENT will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state, and Federal rules and regulations. D. In the event of SUBRECIPIENT's non-compliance with the non-discrimination require- ments, CITY may cancel or terminate the Agreement in whole or in part, and SUBRECIPI- ENT may be barred from further contracts with CITY. 18. PERSONNEL POLICIES Personnel policies shall be established by SUBRECIPIENT and shall be available for examina- tion. Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, procedures, and practices, including poli- cies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of SUBRECIPIENT. 19. CONFLICT OF INTEREST A. SUBRECIPIENT covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. SUBRECIPIENT further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. SUBRECIPIENT further covenants that no member of its governing body or its staff, con- tractors, or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or oth- ers, particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exer- cises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which af- Page 13 fects his or her personal interest or the interest in any corporation, partnership, or association in which he or she has a direct or indirect interest. 20. NEPOTISM SUBRECIPIENT shall not employ in any paid capacity any person who is a member of the im- mediate family of any person who is currently employed by SUBRECIPIENT or is a member of SUBRECIPIENT's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step- parent, step -child, half-brother, and half-sister. 21. POLITICAL OR SECTARIAN ACTIVITY A. Neither the funds advanced pursuant to this Agreement, nor any personnel who may be em- ployed by the SUBRECIPIENT with funds advanced pursuant to this Agreement shall be in any way or to any extent engaged in any conduct or political activity in contravention of Chapter 15 of Title 5 of the United States Code. B. The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; sectarian or religious activities, lobbying, political patronage, or nepotism activities. C. The SUBRECIPIENT agrees that none of the funds or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office, or for publicity, lobbying, and/or propaganda purposes designed to support or defeat pending legislation. Employees of the SUBRECIPI- ENT connected with any activity that is funded in whole or in part by funds provided to SUBRECIPIENT under this Agreement may not under the term of this Agreement: (1) use their official position or influence to affect the outcome of an election or nomination; (2) solicit contributions for political purposes; or (3) take an active part in political management or in political campaigns. D. SUBRECIPIENT hereby agrees to sign a Certification Regarding Lobbying included herein as Exhibit "C" and if necessary, the Disclosure of Lobbying Activities provided by the CITY. 22. PUBLICITY A. Where such action is appropriate, SUBRECIPIENT shall publicize the activities conducted by SUBRECIPIENT under this Agreement. In any news release, sign, brochure, or other ad- vertising medium, disseminating information prepared or distributed by or for SUBRECIPI- ENT, the advertising medium shall state that the U.S. Department of Housing and Urban De- velopment's Community Development Block Grant Program funding through the City of Denton has contributed to make the project possible. Page 14 23. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. SUBRECIPIENT may not make transfers between or among approved line items within budget categories set forth in Exhibit B without prior written approval of CITY. SUBRECIP- IENT shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. SUBRECIPIENT will submit revised budget and program information whenever the level of funding for SUBRECIPIENT or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal, or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto and shall become a part of the Agreement on the effective date specified by the law or regulation. E. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A, which may include an increase or decreased in the amount of SUBRECIPIENT's compen- sation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletion, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY. G. SUBRECIPIENT agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at least 30 calendar days in advance of the change. H. SUBRECIPIENT shall notify CITY of any changes in personnel or governing board compo- sition. I. It is expressly understood that neither the performance of Exhibit A for any program con- tracted hereunder nor the transfer of funds between or among said programs will be permit- ted. 24. SUSPENSION OF FUNDING Upon determination by CITY of SUBRECIPIENT's failure to timely and properly perform each of the requirements, time conditions, and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten working days written notice to SUBRECIPIENT, withhold further payments to SUBRECIPIENT. Such notice may be given by mail to the Executive Officer and the Board of Directors of SUBRECIPIENT. The notice shall set forth the default or failure alleged, and the action required for cure. Page 15 The period of such suspension shall be of such duration as is appropriate to accomplish correc- tive action, but in no event shall it exceed 30 calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, SUBRECIPIENT may be re- stored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If however, CITY determines that SUBRECIPIENT has not come into com- pliance, the provisions of Section 25 may be effectuated. 25. TERMINATION A. CITY may terminate this Agreement for cause under any of the following reasons or for oth- er reasons not specifically enumerated in this paragraph: (1) SUBRECIPIENT's failure to attain compliance during any prescribed period of suspen- sion as provided in Section 24. (2) SUBRECIPIENT's failure to materially comply with any of the terms of this Agreement. (3) SUBRECIPIENT's violation of covenants, agreements, or guarantees of this Agreement. (4) Termination or reduction of funding by the United States Department of Housing and Urban Development. (5) Finding by CITY that SUBRECIPIENT: (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement; (b) has allocated inventory to this Agreement substantially exceeding reasonable re- quirements; or (c) is delinquent in payment of taxes or of costs of performance of this Agreement in the ordinary course of business. (6) Appointment of a trustee, receiver, or liquidator for all or substantial part of SUBRE- CIPIENT's property, or institution of bankruptcy, reorganization, rearrangement of, or liquidation proceedings by or against SUBRECIPIENT. (7) SUBRECIPIENT's inability to conform to changes required by Federal, State, and local laws or regulations as provided in Section 4, and Section 2, of this Agreement. (8) The commission of an act of bankruptcy. (9) SUBRECIPIENT's violation of any law or regulation to which SUBRECIPIENT is bound or shall be bound under the terms of the Agreement. B. CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding source specified in Exhibit B. C. CITY may terminate this Agreement for convenience at any time. If CITY terminates this Agreement for convenience, SUBRECIPIENT will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compen- sation exceed an amount which bears the same ratio to the total compensation as the services Page 16 actually performed bears to the total services of SUBRECIPIENT covered by the Agreement, less payments previously made. D. SUBRECIPIENT may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which SUBRECIPIENT depends for performance hereunder. SUBRECIPIENT may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herei' n or as defined in a contract between SUBRECIPIENT and the funding source in question. E. SUBRECIPIENT may terminate this Agreement upon the dissolution of SUBRECIPIENT's organization not occasioned by a breach of this Agreement. F. Upon receipt of notice to terminate, SUBRECIPIENT shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts, which relate to the performance of this Agreement. CITY shall not be liable to SUBRECIPIENT or SUBRECIPIENT's creditors for any expenses, encumbrances, or obligations whatsoever incurred after the termination date listed on the notice to terminate referred to in this paragraph. G. Notwithstanding any exercise by CITY of its right of suspension or termination, SUBRECIP- IENT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by SUBRECIPIENT, and CITY may withhold any reimburse- ment to SUBRECIPIENT until such time as the exact amount of damages due to CITY from SUBRECIPIENT is agreed upon or otherwise determined. 26. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit, or other action is made or brought by any person(s), firm, corporation, or other entity against SUBRECIPIENT, SUBRECIPIENT shall give written notice thereof to CITY within two working days after being notified of such claim, demand, suit, or other action. Such notice shall state the date and hour of notification of any such claim, de- mand, suit, or other action; the names and addresses of the person(s), firm, corporation, or other entity making such claim, or that instituted or threatened to institute any type of action or pro- ceeding; the basis of such claim, action, or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either per- sonally or by mail. 27. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with SUBRECIPIENT as an independent contractor and that as such, SUBRECIPIENT shall save and hold CITY, its officers, agents, and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, de- mands, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent, or representative of SUBRECIPIENT. B. SUBRECIPIENT agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, Page 17 demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. 28. NON -RELIGIOUS ACTIVITITES A. As stated in 24 CFR Part 5.109, no organization will be prohibited from participating in ac- tivities supported by CITY funding including programs that make funds available through contracts, grants, or cooperative agreements. SUBRECIPIENT is prohibited from discrimi- nating against beneficiaries in providing services or carrying out activities with such assis- tance based on religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice, while also noting that organizations that partici- pate in programs only funded by indirect CITY or Federal financial assistance need not mod- ify their program or activities to accommodate beneficiaries who choose to expend the indi- rect aid on those SUBRECIPIENTS' programs. B. Faith based organizations that carry out programs or activities with direct Federal financial assistance from HUD are required to provide written notice of certain protections to benefi- ciaries and prospective beneficiaries. Specifically, such organizations are required to give no- tice to beneficiaries that: (1) The organization may not discriminate against a beneficiary or prospective beneficiary based on religion, a religious belief, a refusal to hold a religious belief, or a refusal to at- tend or participate in a religious practice; (2) The organization may not require a beneficiary to attend or participate in any explicitly religious activities that are offered by the organization, and any participation by the bene- ficiary in such activities must be purely voluntary; and (3) The organization must separate, in time or location, any privately funded explicitly reli- gious activities from activities supported by direct Federal financial assistance; and (4) If a beneficiary objects to the religious character of the organization, the organization must undertake reasonable efforts to identify and refer the beneficiary to an alternative provider to which the beneficiary has no such objection; (5) A beneficiary or prospective beneficiary may report an organization's violation of these protections, including any denials of services or benefits by an organization, by contact- ing or filing a written complaint to HUD or the intermediary administering the program, if applicable. (a) Faith -based organizations must provide this notice to prospective beneficiaries prior to enrollment. In the event of an emergency or exigent circumstances that make it im- practicable to provide the written notice in advance, prospective beneficiaries may re- ceive the notice at the earliest available opportunity. Current beneficiaries must re- ceive the notice at the earliest available opportunity. (b) Faith -based organizations that carry out a program or activity with direct Federal fi- nancial assistance from HUD are to promptly undertake reasonable efforts to identify an alternative provider if a beneficiary or prospective beneficiary objects to the reli- gious character of the organization, and to refer the beneficiary or prospective benefi- ciary to an alternative provider to which the beneficiary or prospective beneficiary has no such objection. Page 18 29. MISCELLANEOUS A. SUBRECIPIENT shall not transfer, pledge, or otherwise assign this Agreement or any inter- est therein, or any claim arising thereunder, to any party or parties, bank, trust company, or other financial institution without the prior written approval of CITY. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remain- ing provisions shall remain in full force and effect and continue to conform to the original in- tent of both parties hereto. C. All reports, documents, studies, charts, schedules, or other appended documentations to any proposal, content of basic proposal, or contracts and any responses, inquiries, correspond- ence, and related material submitted by SUBRECIPIENT shall become the property of CITY upon request. D. Debarment: SUBRECIPIENT certifies that it is not listed on the System for Award Management (SAM), which list the debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 and 24 CFR Part 24. E. In no event shall any payment to SUBRECIPIENT hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement, constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by SUBRECIPIENT. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. F. This Agreement, together with referenced Exhibits, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment antecedent to this Agreement, whether written or oral, shall have no force or ef- fect whatsoever; nor shall an agreement, assertion, statement, understanding, or other com- mitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. G. In the event any disagreement or dispute should arise between the partics hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, CITY as the party ultimately responsible to HUD for mat- ters of compliance, will have the final authority to render or to secure an interpretation. H. For purposes of this Agreement, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and address set forth below: TO CITY: City Manager City of Denton 215 E. McKinney Denton, Texas 76201 TO SUBRECIPIENT: CASA of Denton County 614 N. Bell Avenue Denton, Texas 76209 Page 19 w/ a copy to: City Attorney City of Denton 215 E. McKinney Denton, Texas 76201 G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court competent jurisdic- tion sitting in Denton County, Texas. IN WITNESS OF WHICH this Agreement has been executed on this the day of , 2020. CITY OF DENTON: BY: TODD HILEMAN, CITY MANAGER ATTEST: BY: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: BY: VP) 7/// AARON Cb� ATTORNEY CASA OF DENTON COUNTY BY: TITLE: ATTEST: BY: SECRETARY Page 20 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms Signature CuwuMu,rUay SawLMS wtirtwAccrJ2 Title C o V1/1YM.lrtq(lzt� S�IwIc�S l�u.�t,�'C�yItQ Department Date Signed: p2 2__16y EXHIBIT "A" SCOPE OF SERVICES Description of Facility Improvements CDBG funds will be used to pay the costs associated with improvements to the public facility to ensure compliance with the Americans with Disabilities Act at 604 and 610 North Bell Avenue, Denton Texas 76209. The following exterior public improvements will be completed, based on cost and funding availability: 1. Repair pavement slope in the parking lot; 2. Re -stripe parking lot to identify ADA parking spaces; 3. Repair damaged sidewalks to ensure ADA compliance; 4. Installation of ADA curb cuts; and 5. Install ADA Signage. Estimated Project Timeline March 1, 2020 Project Approval: Contract is executed with SUBRECIPIENT and ap- proved by City Council June 2020 Pre -Construction: Subrecipient completes architecture, engineering, design, permitting, and all pre -construction activities and approvals. August 2020 Procurement: Subrecipient completes procurement process including December 2020 Construction: Subrecipient manages repairs to parking lot. Reporting: Subrecipient submits client data to the City to complete project February 28, 2021 February 28, 2021 Monitoring: Subrecipients begins reporting February 28, 2026 Monitoring: Subrecipicnts ends reporting Work Statement In order to complete the agreed upon activity, SUBRECIPIENT shall provide the following services from the improved facility: CASA of Denton County is a nonprofit facility that serves children removed from their homes and placed in foster care because of abuse/neglect. Activities focus on investigation and monitor- ing of a child's situation while "in the system," representing their best interests by making rec- ommendations to the judge on behalf of the child throughout the life of a case and for a perma- nent home. The Court Advocacy Program is operated at 604 and 610 North Bell Avenue Denton, Texas, including program administration and volunteer training. Staff and volunteers provide services off-site at the children's location. The program operates from Monday -Friday, 8:30 am - 5:00 pm and other times by appointment. Page 21 EXHIBIT "B" BUDGET Forty -Thousand Dollars ($40,000) in Community Development Block Grant funds for the instal- lation of public facility improvements at 604 and 610 North Bell Avenue, Denton Texas 76209. The amount stated above is an estimate. Funding may be reallocated as needed to complete im- provements listed above. As stated in the agreement, any remaining funding will be returned to the City of Denton. Prior to the start of construction, SUBRECIPIENT shall provide the Community Development Division with a project budget, documentation of any additional funding sources and commit- ments (if other funding sources are included in the project), and a project planning/construction schedule. Page 22 EXHIBIT "C" Certification Regarding Lobbying The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the un- dersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an em- ployee of a Member of Congress in connection with the awarding of any Federal con- tract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -ILL, "Disclosure Form to Re- port Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this Certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of the certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, US Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CASA of Denton County Q--E_)r_4_0 Date: Title Page 23 L C V City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 20-842, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Grace Like Rain Inc. to provide Community Development Block Grant funds for pre -development costs for the construction of a community village in Denton, Texas; authorizing the expenditure of funds not to exceed $80,932; and providing an effective date. City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton City Hall 1"I&IMMM 215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Public Affairs and Community Development CM/ DCM/ ACM: Sara Hensley DATE: May 5, 2020 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Grace Like Rain Inc. to provide Community Development Block Grant funds for pre -development costs for the construction of a community village in Denton, Texas; authorizing the expenditure of funds not to exceed $80,932; and providing an effective date. BACKGROUND Grace Like Rain is a faith -based, non-profit organization serving families currently living in Denton County. Their mission is to help these families in times of crisis, whether they are on the verge of homeless or are currently homeless. Through their Case Management Services individual goals for each family are established. Grace Like Rain is able to help the family find a stable environment while giving the parents and children the tools they need to help themselves move into healthier lives. Grace Like Rain also provides financial support for rent, transportation, and childcare along with mentoring, and life coaching for the entire family. Grace Like Rain believes that a strong supportive community is instrumental to a family's success therefore they provide Community Groups and Life Skills Classes that provide opportunities for families to build strong, supportive relationships. Grace Like Rain operates at Serve Denton at 306 N. Loop 288, Denton Texas, including program administration and case management. The agency operates from Monday -Friday, 9:00 to 12:00 p.m. and 1:00 to 4:00 p.m. and some weekends for special events. In order to improve the availability of affordable housing, the City of Denton Community Development Block Grant (CDBG) will be used to pay for the pre -development costs associated with the construction of a community village located at 4000 E. McKinney Street, Denton. The community village is proposed to include up to sixty (60) rental housing units, on-site childcare, family care center, community hall, playground, outdoor recreational spaces, a community garden, and walking paths. Case management for families, daycare services, community groups, and life skills are proposed to be provided at the community village. Project Funding Program Year 2019-20 Community Development Block Grant funds are budgeted for the project. The Community Development Advisory Committee recommended approval of funding for pre -development costs to Grace Like Rain Inc. last year. Funding for the project was included in the 2019 Action Plan for Housing and Community Development for program year August 1, 2019 -July 31, 2020. City Council approved the 2019 Action Plan for Housing and Community Development with Ordinance No. 19-1146, on June 4, 2019. The U.S. Department of Housing and Urban Development (HUD) approved the Action Plan in July 2019, and funds became available in August 2019. The process of developing an agreement began in August 2019 and was completed in February 2020. During this time, Community Development worked to streamline the CDBG agreement to ensure that all HUD regulations were included. Additional research was necessary on this agreement since it was the first agreement developed for a housing project. Community Development also worked with Grace Like Rain to develop a detailed project description with a timeline and a work statement to include in the agreement. This time also provided the Legal Department time to review the agreement to ensure it was based on local and federal requirements. The agreement was also reviewed by the agency and the final agreement is being submitted to City Council for approval. Community Development administrative costs to monitor construction and labor standards compliance are paid through CDBG administration funds. OPTIONS • Approve the Grace Like Rain funding agreement; • Do not approve the Grace Like Rain funding agreement. ESTIMATED SCHEDULE OF PROJECT • City Council Approves Funding Agreement — March 2020 • Completion of Pre -Construction Activities — November 2020 • Identified Funding for Phase 1 — January 2021 • Reimbursement of Pre -Construction Activities — February 2021 • Completion of Phase 1 — December 2022 • Identify Funding for Phase 2 — December 2023 • Completion of Phase 2 — December 2024 • Identify Funding for Phase 3 — December 2026 • Completion of Phase 3 — December 2027 • Completion of Project — December 2027 • Community Development monitors Grace Like Rain Inc. for CDBG compliance through quarterly reporting requirements and onsite inspection until December 30, 2032. EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 — Grace Like Rain Ordinance -Agreement Respectfully submitted: Danielle Shaw Community Development Manager Prepared By: Luisa Garcia Community Development Coordinator ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY AND GRACE LIKE RAIN INC. TO PROVIDE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PRE - DEVELOPMENT COSTS FOR THE CONSTRUCTION OF A COMMUNITY VILLAGE IN DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS NOT TO EXCEED $80,932.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City received funds from the U.S. Department of Housing and Urban Development under the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City Council approved the 2019 Action Plan for Housing and Community Development which includes an authorized budget expenditure of funds for land acquisition for Grace Like Rain, Inc.; and WHEREAS, the Grace Like Rain Inc has developed a program to assist low and moderate -income people with affordable housing; and WHEREAS, the City Council deems it in the public interest to enter into an agreement for affordable housing to provide much needed services for Denton residents; and . WHEREAS, CITY has designated the Community Development Division as the division responsible for the administration of this Agreement and all matters pertaining thereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations in the preamble of this ordinance are incorporated herein by reference as true and as if fully set forth in the body of this ordinance. SECTION 2. The City Manager is hereby authorized to execute the attached Agreement between the City of Denton and Grace Like Rain Inc to provide affordable housing noted therein. SECTION 3. The City Council hereby authorizes the City Manager to expend funds in the manner and amount specified in the Agreement, not to exceed $80,932.00, and to take any other actions necessary to complete the City's obligations under the Agreement. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by , the ordinance was passed and approved by the following vote F - 1: Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G, Briggs, District 2.- Jesse : Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5 Paul Meltzer, At Large Place 5: PASSED AND APPROVED this the day of CHRIS WATTS, MAYOR ATTEST: ROSA BIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL_ CITY ATTORNEY Im 2020. AGREEMENT BETWEEN THE CITY OF DENTON AND GRACE LIKE RAIN INC. This Agreement is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, hereinafter referred to as CITY, and Grace Like Rain Inc., P.O. Box 213, Argyle, Texas 76226, a Texas non-profit corporation, hereinafter referred to as SUBRECIPIENT. WHEREAS, CITY has received certain funds from the U.S. Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City Council approved the 2019 Action Plan for Housing and Community Development which includes an authorized budget expenditure of funds for land acquisition for Grace Like Rain, Inc.; and WHEREAS, the Grace Like Rain Inc has developed a program to assist low and moderate -income people with affordable housing; and WHEREAS, the City Council deems it in the public interest to enter into an agreement for affordable housing to provide much needed services for Denton residents; and WHEREAS, CITY has designated the Community Development Division as the division responsible for the administration of this Agreement and all matters pertaining thereto; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound, to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. 1. TERM This Agreement shall commence on or as of March 1, 2020, and shall terminate on February 28, 2021, unless sooner terminated in accordance with Section 25 "Termination." 2. RESPONSIBILITIES A. The CITY's Community Development Manager will be CITY's representative responsible for the administration of this Agreement. B. SUBRECIPIENT hereby accepts the responsibility for the performance of all services and activities described in the Scope of Services attached hereto as Exhibit A, and incorporated herein by reference, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider SUBRECIPIENT's executive officer to be SUBRECIPIENT's representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from SUBRECIPIENT and approved by CITY. C. SUBRECIPIENT certifies that the activities carried out with Community Development Block Grant ("CDBG") funds shall meet the CDBG program's National Objective of benefit to low and moderate -income persons. Beneficiaries of the activities to be provided hereunder must reside in the City of Denton and SUBRECIPIENT shall provide services to persons whose income is equal to or lower than 80% of the area median income of the Dallas standard metropolitan statistical area. To accomplish this, the SUBRECIPIENT shall use the applicable income limits published by HUD for lower income housing assistance under Section 8 of the United States Housing Act of 1937 and updated by HUD annually SUBRECIPIENT must use the most current HUD Income limits. Income eligibility shall be determined by the sum of the gross income of all individuals residing in the household. Services must be provided directly to or on behalf of specific identified eligible clients. Eligibility documentation must be included in each client's file and updated annually, or services must be provided to a clientele that is within a "presumed benefit" category as specified in 24 CFR 570.208. D. SUBREIPIENT must demonstrate it has made reasonable attempts to reduce the isolation of income groups within geographic areas by expanding and disbursing affordable housing throughout the City of Denton. When selecting residential lots for purchase preference will be given to lots that promote the spatial de -concentration of affordable housing opportunities. SUBRECIPIENT may also demonstrate that there are limited options for geographic de - concentration due to limited availability of affordable parcels of land and homeowner's choice for location of home. 3. OBLIGATIONS In consideration of the receipt of funds from HUD, CITY agrees to the following terms and conditions: A. Limit of Liability. CITY will reimburse SUBRECIPIENT for expenses incurred pursuant to and in accordance with the Project Budget attached hereto as Exhibit B and the Scope of Services herein attached as Exhibit A; and incorporated herein by reference. Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of Eighty -Thousand Nine -Hundred Thirty -Two ($80,932). B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by SUBRECIPIENT and receipt of a requisition for payment with appropriate documentation of expenditures, CITY shall make payments to SUBRECIPIENT based on the Budget in Exhibit B, subject to the limitations and provisions set forth in this Section and Section 7 of this Agreement. Payments may be contingent upon certification of the SUBRECIPIENT's financial management system in accordance with the standards specified in 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. (1) The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate CDBG funds to meet CITY's liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify SUBRECIPIENT in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, or terminate the Agreement. If funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to SUBRECIPIENT under this Agreement. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed, or is subject to payment or reimbursement, from any other source; Page 2 (b) was incurred prior to the beginning date or after the ending date specified in Section 1; (c) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto; (d) has not been billed to CITY within 90 calendar days following billing to SUBRECIPIENT, or termination of the Agreement, whichever date is earlier; or (e) is not an allowable cost as defined by Section 10 of this Agreement or the project budget. (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of SUBRECIPIENT requiring prior written authorization from CITY, or after CITY has requested that SUBRECIPIENT furnish data concerning such action prior to proceeding further, unless and until CITY advises SUBRECIPIENT to proceed. (5) CITY shall not be obligated or liable under this Agreement to any parry other than SUBRECIPIENT for payment of any monies or provision of any goods or services. (6) Funding not expended within the term of the Agreement will revert to the City of Denton. CDBG budget for use on alternative projects. C. SUBRECIPIENT'S Obligations. In consideration of the receipt of funds from the CITY, the SUBRECIPIENT agrees to the following terms and conditions: (1) Eighty -Thousand Nine -Hundred Thirty -Two ($80,932) may be paid to SUBRECIPIENT by CITY, and the only expenditures reimbursed from these funds shall be those in accordance with the Project Budget, Exhibit B, for those expenses listed in the Scope of Services as provided herein. SUBRECIPIENT shall not utilize these funds for any other purpose. (2) SUBRECIPIENT will establish, operate, and maintain an accounting system for these funds that will allow for tracing of funds and a review of the financial status of the project. The system will be based on generally accepted accounting principles as recognized by the American Institute of Certified Public Accountants. (3) SUBRECIPIENT will permit authorized officials of the City to review its books at any time. (4) SUBRECIPIENT will reduce to writing all of its rules, regulations, and policies and file a copy with CITY's Community Development Office along with any amendments, additions, or revisions upon request. (5) SUBRECIPIENT will not enter into any contracts that would encumber CITY funds for a period that would extend beyond the term of this Agreement. (6) SUBRECIPIENT will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to CITY's Community Development Division for further direction. (7) SUBRECIPIENT will appoint a representative who will be available to meet with CITY officials when requested. (8) SUBRECIPIENT will indemnify and hold harmless CITY, its officers, and employees, from any and all claims and suits arising out of the activities of SUBRECIPIENT, its employees, and/or contractors. (9) SUBRECIPIENT will submit to CITY copies of year-end audited financial statements. Page 3 4. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS A. SUBRECIPIENT understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, SUBRECIPIENT assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder and codified at 24 CFR 570. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon SUBRECIPIENT by law or administrative ruling or to narrow the standards which SUBRECIPIENT must follow. B. SUBRECIPIENT shall comply with all applicable federal laws, laws of the State of Texas, and ordinances of the City of Denton. C. SUBRECIPIENT agrees to abide by the conditions of and comply with the requirements of 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. D. SUBRECIPIENT further agrees and certifies that if the regulations and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section 23 of this Agreement. E. SUBRECIPIENT is required to comply with the applicable uniform administrative requirements as described in 24 CFR 570.502, 570.505, and 24 CFR 570 subpart K with the exceptions noted below: (1) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at CFR 570.604; and (2) SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR Part 52. F. SUBRECIPIENT shall give the CITY, HUD, the Comptroller General of the United States, the Auditor of the State of Texas, and any authorized representative, access to and the right to reproduce all records belonging to or in use by SUBRECIPIENT agrees to abide by the conditions of this Agreement and, and all other applicable Federal, state, and local laws and regulations such as the requirements of the Secretary of Labor in accordance with the Davis - Bacon Act as amended, the provisions of the Contract Work Hours Safety Standards Act, the Copeland "Anti -Kickback Act" (40 U.S.C. 276a -276a-5; 40 USC 327 and 40 USC 276c) pertaining to the performance of this Agreement. G. SUBRECIPIENT will work with CITY to obtain and maintain documentation of compliance. Upon written request by the CITY, SUBRECIPIENT will obtain the services of consultant to monitor the contractor's compliance with these requirements. H. SUBRECIPIENT agrees to comply with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement and agrees that these provisions shall also be binding on any of the SUBRECIPIENT' S subcontractors. SUBRECIPIENT certifies that no contractual or other disability exists which would prevent compliance with these requirements. SUBRECIPIENT further agrees to include a statement in all subcontracts requiring compliance with Section 3 and requiring subcontractors, to the greatest extent feasible, to provide opportunities for training and employment to low and moderate -income individuals that are residents of the project area. Upon written request of the CITY, SUBRECIPIENT will obtain the services of a consultant to monitor the general contractor's compliance with the Section 3 requirements. Page 4 I. SUBRECIPIENT shall not use funding under this Agreement to influence the outcome of elections or the passage or defeat of any legislative measures. SUBRECIPIENT understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, SUBRECIPIENT assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder and codified at 24 CFR 570. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon SUBRECIPIENT by law or administrative ruling, or to narrow the standards which SUBRECIPIENT must follow. J. SUBRECIPIENT will comply with the Federal procurement standards at 2 CFR 200 Subpart D — Post Federal Award Requirements. K. SUBRECIPIENT Agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b): (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and 9(c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. 5. REPRESENTATIONS A. SUBRECIPIENT assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate, and official motion, resolution, or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of SUBRECIPIENT do hereby warrant and guarantee that he, she, or they have been fully authorized by SUBRECIPIENT to execute this Agreement on behalf of SUBRECIPIENT and to validly and legally bind SUBRECIPIENT to all terms, performances, and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either SUBRECIPIENT or the person signing the Agreement to enter into this Agreement. SUBRECIPIENT is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. D. SUBRECIPIENT agrees that the funds and resources provided under the terms of this Agreement will in no way be substituted for funds and resources from other sources, not in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, SUBRECIPIENT had this Agreement not been executed. 6. PERFORMANCE BY SUBRECIPIENT SUBRECIPIENT will provide, oversee, administer, and carry out activities and services set out in Exhibit A, utilizing the funds described in Exhibit B, deemed by both parties to be necessary and sufficient payment for full and satisfactory performance of the program, as determined solely by CITY and in accordance with all other terms, provisions, and requirements of this Agreement. Page 5 No modifications or alterations may be made in the Scope of Services or Budget without the prior written approval of the CITY's Community Development Manager. 7. PAYMENTS A. Payments to SUBRECIPIENT. The CITY shall pay to SUBRECIPIENT a maximum amount of money not to exceed Eighty -Thousand Nine -Hundred Thirty -Two ($80,932) for activities carried out under this Agreement. The CITY will pay these funds on a reimbursement basis to SUBRECIPIENT within twenty days after CITY has received supporting documentation of eligible expenditures. Documentation of expenditures must be submitted to the Community Development Division by dates required by Community Development. SUBRECIPIENT's failure to provide information on a timely basis may jeopardize present or future funding. The project must be completed, and all payments requested on or before February 28, 2021 the term of the Agreement. No additional payments will be made if the work is not completed and the payment request(s) with appropriate documentation is not received by February 28, 2021. B. Funds are to be used for the sole purpose of carrying out the activities described in the Scope of Services in Exhibit A and based on the Budget in Exhibit B. C. Excess Payment. SUBRECIPIENT shall refund to CITY within ten working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines: (1) has resulted in overpayment to SUBRECIPIENT; or (2) has not been spent strictly in accordance with the terms of this Agreement; or (3) is not supported by adequate documentation to fully justify the expenditure. D. Disallowed Costs. Upon termination of this Agreement, should any expense or charge for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the U.S. Department of Housing and Urban Development, or any other Federal agency, SUBRECIPIENT will refund such amount to CITY within ten working days of a written notice to SUBRECIPIENT, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any funds received from or through CITY E. Reversion of Assets. (1) SUBRECIPIENT, upon expiration of this Agreement, shall transfer to the CITY any funds on hand at the time of expiration and any accounts receivable attributable to the use of funds. (2) The reversion of these fman"cial assets shall be in addition to any other remedy available to CITY either at law or in equity for breach of this Agreement. F. Obligation of Funds. (1) In the event that actual expenditure rates deviate from SUBRECIPIENT's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under expended funds. (2) If CITY finds that SUBRECIPIENT is unwilling and/or unable to comply with any of the terms of this Agreement, CITY may require a refund of any and all money expended pursuant to this Agreement by SUBRECIPIENT, as well as any remaining unexpended funds which shall be refunded to CITY within ten working days of a written notice to SUBRECIPIENT to revert these financial assets. Page 6 Contract Close Out. SUBRECIPIENT shall submit a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within 15 working days following the close of the Agreement period. S. WARRANTIES SUBRECIPIENT represents and warrants that: A. All information, reports, and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate, and fairly reflect the financial condition of SUBRECIPIENT on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of SUBRECIPIENT. C. No litigation or legal proceedings are presently pending or threatened against the SUBRECIPIENT. D. None of the provisions herein contravene or are in conflict with the authority under which SUBRECIPIENT is doing business or with the provisions of any existing indenture or agreement of SUBRECIPIENT. E. SUBRECIPIENT has the power to enter into this Agreement and accept payments hereunder and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of SUBRECIPIENT are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by SUBRECIPIENT to CITY. G. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. H. SUBRECIPIENT agrees to execute a lien that will be placed on the property improved with CDBG funds. The lien will name CITY as the primary beneficiary for a period not to exceed ten years. 9. COVENANTS A. During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, SUBRECIPIENT shall not, without the prior written consent of the Community Development Manager or her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of SUBRECIPIENT now owned or hereafter acquired by it, or permit any pre- existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of SUBRECIPIENT which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. (Z) Sell, assign, pledge, transfer, or otherwise dispose of accounts receivables, notes, or claims for money due or to become due. (3) Sell, convey, or lease all or a substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity, or corporation as guarantor, surety, or accommodation endorser. (5) Sell, donate, loan, or transfer any equipment or item of personal property purchased with funds paid to SUBRECIPIENT by CITY, unless CITY authorizes such transfer. Page 7 (5) Enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of CITY prior to the execution of such an agreement or subcontract. B. SUBRECIPIENT agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Division. 10. ALLOWABLE COSTS A. Costs shall be considered allowable only if incurred directly and specifically in the performance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B. B. CITY shall not be obligated to any third parties, including any contractors or subcontractors of SUBRECIPIENT, and CITY fiends shall not be used to pay for any contract service extending beyond the expiration of this Agreement. C. Approval of SUBRECIPIENT's Budget, Exhibit B, does not constitute prior written approval, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be considered allowable costs: (1) Any alternations, deletions, or additions to the Project Budget incorporated in Exhibit B. (2) Any fees or payments for consulting services. D. Any fees or payments for consultant services. Written requests for prior approval are SUBRECIPIENT's responsibility and shall be made within sufficient time to permit a thorough review by CITY. SUBRECIPIENT must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Agreement must be conducted in its entirety in accordance with the provisions of this Agreement. 11. PROGRAM INCOME A. For purposes of this Agreement, Program Income means earnings of SUBRECIPIENT realized from activities resulting from this Agreement or from SUBRECIPIENT's management of funding provided or received hereunder. Such earnings include, but are not limited to, income from interest, usage or rental or lease fees, income produced from contract -supported services of individuals or employees, or from the use or sale of equipment or facilities of SUBRECIPIENT provided as a result of this Agreement, and payments from clients or third parties for services rendered by SUBRECIPIENT under this Agreement. B. SUBRECIPIENT shall maintain records of the receipt and disposition of Program Income in the same manner as required for other contract funds and reported to CITY in the format prescribed by CITY. CITY and SUBRECIPIENT agree that any fees collected for services performed by SUBRECIPIENT shall be used for payment of costs associated with service provision. Revenue remaining after payment of all program expenses for service provision shall be considered Program Income and shall be subject to all the requirements of this Agreement and the regulations found at CFR, Section 570.504. C. SUBRECIPIENT shall include this Section in its entirety in all of its subcontracts which involve other income-producing services or activities. D. It is SUBRECIPIENT's responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, constitutes Program Income. SUBRECIPIENT is responsible to CITY for the Page 8 repayment of any and all amounts determined by CITY to be Program Income, unless otherwise approved in writing by CITY. E. Recording Program Income. The receipt and expenditure of program income as defined in Section 570.500(a) shall be recorded as part of the financial transactions of the grant program. F. Disposition of Program Income Received by Recipients. (1) Program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds. (2) If the recipient chooses to retain program income, that income shall affect withdrawals of grant funds from the U.S. Treasury as follows: (a) Program income in the form of repayments to, or interest earned on, a revolving fund as defined in Section 570.500(b) shall be substantially disbursed from the fund before additional cash withdrawals are made from the U.S. Treasury for the same activity. (This rule does not prevent a lump sum disbursement to finance the rehabilitation of privately owned properties as provided for in Section 570.513.) (b) Substantially all other program income shall be disbursed for eligible activities before additional cash withdrawals are made from the U.S. Treasury. (3) Program income on hand at the time of closeout shall continue to be subject to the eligibility requirements in Subpart C and all other applicable provisions of this part until it is expended. (4) Unless otherwise provided in any grant closeout agreement, and subject to the requirements of this section, income received after closeout shall not be governed by the provisions of this part, except that, if at the time of closeout, the recipient has another ongoing CDBG grant received directly from HUD, funds received after closeout shall be treated as program income of the ongoing grant program. (5) If the recipient does not have another ongoing grant received directly from HUD at the time of closeout, income received after closeout from the disposition of real property or from loans outstanding at the time of closeout shall not be governed by the provisions of this part, except that such income shall be used for activities that meet one of the national objectives in Section 570.208 and the eligibility requirements described in Section 105 of the Act. 12. MAINTENANCE OF RECORDS A. SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibit A and Exhibit B, and attached hereto, with any other applicable Federal and State regulations establishing standards for financial management, SUBRECIPIENT's expenditures of funds made under this Agreement will conform to (2 CFR §200) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the regulations at 24 CFR Part 570 as applicable including, Title 24 CFR Sections 570.502 (b), 570.504, and 570.506 as they pertain to costs incurred, audits, program income, administration, and other activities and functions. SUBRECIPIENT's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve SUBRECIPIENT of fiscal accountability and liability under any other provision of this Agreement or any applicable law. SUBRECIPIENT shall include the substance of this provision in all subcontracts. Page 9 B. SUBRECIPIENT agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the operation of programs and expenditures of funds under this Agreement for five years after the termination of all activities funded under this agreement. C. Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of responsibility for retaining accurate and current records, which clearly reflect the level and benefit of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, the SUBRECIPIENT shall make available to CITY, HUD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment, and all other data requested by said representatives. 13. REPORTS AND INFORMATION At such times and in such form as CITY may require, SUBRECIPIENT shall furnish such statements, records, data, and information as CITY may request and deem pertinent to matters covered by this Agreement. SUBRECIPIENT shall submit beneficiary and financial reports to CITY no less than once every three months. The beneficiary report shall detail client information, including race, ethnicity, income, female head of household, and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section 1 of this Agreement. Unless the CITY has granted a written exemption, SUBRECIPIENT shall submit an audit conducted by independent examiners in accordance with Generally Accepted Accounting Principles. If the SUBRECIPIENT receives and/or expends more than $750,000 in federal funding, the audit must be conducted in accordance with OMB 2 CFR Part 200, as applicable within thirty days after receipt of such audit. 14. MONITORING AND EVALUATION SUBRECIPIENT agrees to participate in a monitoring and evaluation system whereby the services can be continuously monitored. CITY shall perform monitoring of the SUBRECIPIENT's performances under this Agreement. A. SUBRECIPIENT agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by SUBRECIPIENT to the provisions of this Agreement which are attached hereto. B. SUBRECIPIENT agrees to cooperate fully with CITY and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibilities. C. SUBRECIPIENT agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. D. To comply with this section, SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. SUBRECIPIENT's record system shall contain sufficient documentation to provide in detail full support and justification for each Page 10 expenditure. SUBRECIPIENT agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for the period of time and under the conditions specified by the CITY. Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of responsibility for retaining accurate and current records, which clearly reflect the level and benefit of services, provided under this Agreement. E. After each official monitoring on-site visit, CITY shall provide SUBRECIPIENT with a written report of monitoring findings, documenting findings and concerns that will require a written response to the CITY. An acceptable response must be received by the City within 60 days from the SUBRECIPIENT's receipt of the monitoring report or audit review letter. Future contract payments can be withheld for the SUBRECIPIENT's failure to submit a response within 60 days. F. SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of the SUBRECIPIENT's funding or regulatory bodies to CITY within ten working days of receipt by SUBRECIPIENT. G. SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. 15. DIRECTORS' MEETINGS During the term of this Agreement, SUBRECIPIENT shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof Such notice shall be delivered to CITY in a timely manner to give adequate notice and shall include an agenda and a brief description of the matters to be discussed. SUBRECIPIENT understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of SUBRECIPIENT's governing body shall be available to CITY within ten days after Board approval. 16. INSURANCE A. SUBRECIPIENT shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage, with CITY named as an additional insured. Upon request of SUBRECIPIENT, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. SUBRECIPIENT will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. SUBRECIPIENT will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated by SUBRECIPIENT. All employees of SUBRECIPIENT who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in SUBRECIPIENT's files. Page 11 E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement and remain the sole responsibility of SUBRECIPIENT. F. The policy or policies of insurance shall contain a clause which requires that CITY and SUBRECIPIENT be notified in writing of any cancellation or change in the policy at least 30 days prior to such change or cancellation. 17. CIVIL RIGHTS / EQUAL OPPORTUNITY A. SUBRECIPIENT shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. The SUBRECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, gender, age, or disability. The SUBRECIPIENT will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. B. SUBRECIPIENT shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b), Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 and Executive Order 11246 as amended by Executive Orders 11375 and 12086. C. SUBRECIPIENT will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state, and Federal rules and regulations. D. In the event of SUBRECIPIENT's non-compliance with the non-discrimination requirements, CITY may cancel or terminate the Agreement in whole or in part, and SUBRECIPIENT may be barred from further contracts with CITY. 18. PERSONNEL POLICIES Personnel policies shall be established by SUBRECIPIENT and shall be available for examination. Such personnel policies shall: A. Include policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing; and C. Be approved by the governing body of SUBRECIPIENT. 19. CONFLICT OF INTEREST A. SUBRECIPIENT covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. SUBRECIPIENT further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. SUBRECIPIENT further covenants that no member of its governing body or its staff, subcontractors, or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others, particularly those with which he/she has family, business, or other ties. Page 12 C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the interest in any corporation, partnership, or association in which he or she has a direct or indirect interest. 20. NEPOTISM SUBRECIPIENT shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by SUBRECIPIENT or is a member of SUBRECIPIENT's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, stepparent, stepchild, half-brother, and half-sister. 21. POLITICAL OR SECTARIAN ACTIVITY A. Neither the funds advanced pursuant to this Agreement, nor any personnel which may be employed by the SUBRECIPIENT with funds advanced pursuant to this Agreement shall be in any way or to any extent engaged in any conduct or political activity in contravention of Chapter 15 of Title 5 of the United States Code. B. The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; sectarian or religious activities, lobbying, political patronage, or nepotism activities. C. The SUBRECIPIENT agrees that none of the funds or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office, or for publicity, lobbying, and/or propaganda purposes designed to support or defeat pending legislation. Employees of the SUBRECIPIENT connected with any activity that is funded in whole or in part by funds provided to SUBRECIPIENT under this Agreement may not under the term of this Agreement: (1) Use their official position or influence to affect the outcome of an election or nomination; (2) Solicit contributions for political purposes; or (3) Take an active part in political management or in political campaigns. D. SUBRECIPIENT hereby agrees to sign a Certification Regarding Lobbying included herein as Exhibit D and if necessary, the Disclosure of Lobbying Activities provided by the CITY. 22. PUBLICITY Where such action is appropriate, SUBRECIPIENT shall publicize the activities conducted by SUBRECIPIENT under this Agreement. In any news release, sign, brochure, or other advertising medium, disseminating information prepared or distributed by or for SUBRECIPIENT, the advertising medium shall state that the U.S. Department of Housing and Urban Development's Community Development Block Grant Program funding through the City of Denton has contributed to make the project possible. 23. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. Page 13 B. SUBRECIPIENT may not make transfers between or among approved line items within budget categories set forth in Exhibit B without prior written approval of CITY. SUBRECIPIENT shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. SUBRECIPIENT will submit revised budget and program information whenever the level of funding for SUBRECIPIENT or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal, or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto and shall become a part of the Agreement on the effective date specified by the law or regulation. E. CITY may, from time to time during the term of the Agreement, request changes to the Agreement, which may include an increase or decrease in the amount of SUBRECIPIENT's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the program budget incorporated in Exhibit B shall require the prior written approval of CITY. G. SUBRECIPIENT agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at least 30 calendar days in advance of the change. H. SUBRECIPIENT shall notify CITY of any changes in personnel or governing board composition. I. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. 24. SUSPENSION OF FUNDING Upon determination by CITY of SUBRECIPIENT's failure to timely and properly perform each of the requirements, time conditions, and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten working days written notice to SUBRECIPIENT, withhold further payments to SUBRECIPIENT. Such notice may be given by mail to the Executive Officer and the Board of Directors of SUBRECIPIENT. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed 30 calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, SUBRECIPIENT may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If however, CITY determines that SUBRECIPIENT has not come into compliance, the provisions of Section 25 may be effectuated. 25. TERMINATION A. CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not specifically enumerated in this paragraph: (1) SUBRECIPIENT's failure to attain compliance during any prescribed period of suspension as provided in Section 24. Page 14 C. E. 10 G (2) SUBRECIPIENT's failure to materially comply with any of the terms of this Agreement. (3) SUBRECIPIENT's violation of covenants, agreements, or guarantees of this Agreement. (4) Termination or reduction of funding by the CITY or HUD. (5) Finding by CITY that the SUBRECIPIENT: (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement; (b) has allocated inventory to this Agreement substantially exceeding reasonable requirements; or (c) is delinquent in payment of taxes or of costs of performance of this Agreement in the ordinary course of business. (6) Appointment of a trustee, receiver, or liquidator for all or substantial part of SUBRECIPIENT's property, or institution of bankruptcy, reorganization, rearrangement of, or liquidation proceedings by or against SUBRECIPIENT. (7) SUBRECIPIENT's inability to conform to changes required by Federal, State, and local laws or regulations as provided in Section 4, and Section 2, of this Agreement. (8) The commission of an act of bankruptcy. (9) SUBRECIPIENT's violation of any law or regulation to which SUBRECIPIENT is bound or shall be bound under the terms of the Agreement. CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination may be made to other funding source specified in Exhibit B. CITY may terminate this Agreement for convenience at any time. If CITY terminates this Agreement for convenience, SUBRECIPIENT will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of SUBRECIPIENT covered by the Agreement, less payments previously made. SUBRECIPIENT may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which SUBRECIPIENT depends for performance hereunder. SUBRECIPIENT may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between SUBRECIPIENT and the funding source in question. SUBRECIPIENT may terminate this Agreement upon the dissolution of SUBRECIPIENT's organization not occasioned by a breach of this Agreement. Upon receipt of notice to terminate, SUBRECIPIENT shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts, which relate to the performance of this Agreement. CITY shall not be liable to SUBRECIPIENT or SUBRECIPIENT's creditors for any expenses, encumbrances, or obligations whatsoever incurred after the termination date listed on the notice to terminate referred to in this paragraph. Notwithstanding any exercise by CITY of its right of suspension or termination, SUBRECIPIENT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by SUBRECIPIENT, and CITY may withhold any reimbursement to SUBRECIPIENT until such time as the exact amount of damages due to CITY from SUBRECIPIENT is agreed upon or otherwise determined. Page 15 26. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit, or other action is made or brought by any person(s), firm, corporation, or other entity against SUBRECIPIENT, SUBRECIPIENT shall give written notice thereof to CITY within five working days after being notified of such claim, demand, suit, or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit, or other action; the names and addresses of the person(s), firm, corporation, or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action, or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. 27. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with SUBRECIPIENT as an independent contractor and that as such, SUBRECIPIENT shall save and hold CITY, its officers, agents, and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent, or representative of SUBRECIPIENT. B. SUBRECIPIENT agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. 28. NON -RELIGIOUS ACTIVITIES A. As stated in 24 CFR Part 5.109, no organization will be prohibited from participating in activities supported by CITY funding including programs that make funds available through contracts, grants, or cooperative agreements. SUBRECIPIENT is prohibited from discriminating against beneficiaries in providing services or carrying out activities with such assistance based on religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice, while also noting that organizations that participate in programs only funded by indirect CITY or Federal financial assistance need not modify their program or activities to accommodate beneficiaries who choose to expend the indirect aid on those SUBRECIPIENTS' programs. B. Faith based organizations that carry out programs or activities with direct Federal financial assistance from HUD are required to provide written notice of certain protections to beneficiaries and prospective beneficiaries. Specifically, such organizations are required to give notice to beneficiaries that: (1) The organization may not discriminate against a beneficiary or prospective beneficiary based on religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice; (2) The organization may not require a beneficiary to attend or participate in any explicitly religious activities that are offered by the organization, and any participation by the beneficiary in such activities must be purely voluntary; and (3) The organization must separate, in time or location, any privately funded explicitly religious activities from activities supported by direct Federal financial assistance; and Page 16 (4) If a beneficiary objects to the religious character of the organization, the organization must undertake reasonable efforts to identify and refer the beneficiary to an alternative provider to which the beneficiary has no such objection; (5) A beneficiary or prospective beneficiary may report an organization's violation of these protections, including any denials of services or benefits by an organization, by contacting or filing a written complaint to HUD or the intermediary administering the program, if applicable. a) Faith -based organizations must provide this notice to prospective beneficiaries prior to enrollment. In the event of an emergency or exigent circumstance that make it impracticable to provide the written notice in advance, prospective beneficiaries may receive the notice at the earliest available opportunity. Current beneficiaries must receive the notice at the earliest available opportunity. b) Faith -based organizations that carry out a program or activity with direct Federal financial assistance from HUD are to promptly undertake reasonable efforts to identify an alternative provider if a beneficiary or prospective beneficiary objects to the religious character of the organization, and to refer the beneficiary or prospective beneficiary to an alternative provider to which the beneficiary or prospective beneficiary has no such objection. 29. MISCELLANEOUS A. SUBRECIPIENT shall not transfer, pledge, or otherwise assign this Agreement or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company, or other financial institution without the prior written approval of CITY. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence, and related material submitted by SUBRECIPIENT shall become the property of CITY upon request. D. Debarment: SUBRECIPIENT certifies that it is not listed on the System for Award Management (SAM), which lists the debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 and 24 CFR Part 24. E. In no event shall any payment to SUBRECIPIENT hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement, constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by SUBRECIPIENT. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. F. This Agreement, together with referenced Exhibits, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall an agreement, assertion, statement, understanding, or other Page 17 commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. G. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, CITY as the party ultimately responsible to U.S. Department of Housing and Urban Development (HUD) for matters of compliance, will have the final authority to render or to secure an interpretation. H. If SUBRECIPIENT provides services to the homeless it is required to: (1) Report homeless data to the Homeless Management Information System (HMIS). Homeless Management Information System (HMIS): HMIS is a countywide data management tool designed to facilitate data collection in order to improve human service delivery throughout Denton County. Participation in the Homeless Management Information System (HMIS) is a requirement per this agreement. Data entered into HMIS will help our community improve services to individuals experiencing homelessness by providing accurate information on the extent and nature of homelessness in our community and by accounting for our success in helping people move out of homelessness. Participation is also critical to help Denton and Denton County successfully compete for grants for federal funding, such as the U.S. Department of Housing and Urban Development's homeless assistance funds. (2) Participate in the Denton County Homeless Leadership Team meetings and any applicable workgroup(s). The Denton County Homeless Leadership Team is a collaborative, cross -sector team that convenes to improve the plagning, coordination, oversight, and implementation required to create systems change for housing/homelessness initiatives in Denton County. Further, the Agency is encouraged to work in partnership with fellow service providers to improve efficiency and effectiveness. I. For purposes of this Agreement, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and address set forth below: TO CITY: TO 5UBRECIPIENT: City Manager Grace Like Rain Inc. City of Denton P.O. Box 213 215 E. McKinney Argyle, Texas 76226 Denton, Texas 76201 w/ a copy to: Catherine Clifton, Deputy City Attorney City of Denton 215 E. McKinney Denton, TX 76201 G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court competent jurisdiction sitting in Denton County, Texas. Page 18 IN WITNESS OF WHICH this Agreement has been executed on this the of , 2020. CITY OF DENTON BY: TODD HILEMAN CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ARI C GRACE LIKE RAIN INC. day BY:C-A I �.1-���1� Co \'� o'kr ATTEST: s Z e, BY: 4 Page 19 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms ignature Community Development Manager Title Community Development Division Department Date Signed: �3 3 EXHIBIT "A" SCOPE OF SERVICES Description of Housing Project CDBG funds will be used to assist with pre -development costs for the construction of a community village located at 4000 E. McKinney Street, Denton. The community village will include 50 to 60 rental housing units, childcare, and family care centers, community hall, playground, and outdoor recreational spaces, community gardens, and walking paths. The following services will be provided at the community village: case management for families, daycare services, community groups, and life skills. Estimated Project Timeline March 2020 Project Approval: Contract is executed with SUBRECIPIENT and approved by City Council _ November 2020 Pre -Construction: Subrecipient completes architecture, engineering, design, permitting, and all pre -construction activities and approvals. January 2020 Funding Benchmark: SUBRECIPIENT has identified or raised funding for Phase I February 2021 Reimbursement: Request reimbursement for pre -development costs from the City of Denton. Including specific use permit, site plan, landscape plan, tree preservation plan, survey plat, civil engineering plans, architectural renderings, and first building permits not to exceed $80,932 _ December 2022 PHASE I (2 years for completion) Site development, utilities, roads/parking for Phase I Construction of Gardens Construction of Amenities for Phase I (could include playground, garden pavilion and walking path) Construction of Event Hall Construction of 12 Rental Homes December 2023 Funding Benchmark: SUBRECIPIENT has identified or raised funding for Phase 2 December 2024 PHASE I (2 years for completion) Site development, utilities, roads/parking for Phase I Construction of Gardens Construction of Amenities for Phase I (could include playground, garden pavilion and walking path) Construction of Event Hall Construction of 12 Rental Homes December 2026 Funding Benchmark: SUBRECIPIENT has identified or raised funding for Phase 3 December 2027 PHASE II (3 years for completion) Page 20 Work Statement In order to complete the agreed upon activity, SUBRECIPIENT shall provide the following services from the improved facility: Grace Like Rain is a faith -based, non-profit organization serving families currently living in Denton County. Their mission is to help these families in times of crisis, whether they are on the verge of homeless or are currently homeless. Through their Case Management Services individuals goals for each family are established. Grace Like Rain is able to help the family find a stable environment while giving the parents and children the tools they need to help themselves move into healthier lives. Grace Like Rain also provides financial support for rent, transportation, and childcare along with mentoring, and life coaching for the entire family. Grace Like Rain believes that a strong supportive community is instrumental to a family's success therefore they provide Community Groups and Life Skills Classes that provide opportunities for families to build strong supportive relationships. Grace Like Rain provides program administration and case management at Serve Denton at 306 N. Loop 288. The agency operates from Monday -Friday, 9:00 to 12:00 p.m. and 1:00 to 4:00 p.m. and some weekends for special events. Page 21 Construction of Admin/ Childcare Building Site development for Phase II Construction of Amenities for Phase Il (could include sports courts, playground, and more gardens) Construction of Event Hall Construction of 21 Rental Homes December 2028 Reporting: Subrecipient submits client data to the City to complete project December 2027 Monitoring: Subrecipients begins reporting December 2032 Monitoring: Subrecipient ends reporting Work Statement In order to complete the agreed upon activity, SUBRECIPIENT shall provide the following services from the improved facility: Grace Like Rain is a faith -based, non-profit organization serving families currently living in Denton County. Their mission is to help these families in times of crisis, whether they are on the verge of homeless or are currently homeless. Through their Case Management Services individuals goals for each family are established. Grace Like Rain is able to help the family find a stable environment while giving the parents and children the tools they need to help themselves move into healthier lives. Grace Like Rain also provides financial support for rent, transportation, and childcare along with mentoring, and life coaching for the entire family. Grace Like Rain believes that a strong supportive community is instrumental to a family's success therefore they provide Community Groups and Life Skills Classes that provide opportunities for families to build strong supportive relationships. Grace Like Rain provides program administration and case management at Serve Denton at 306 N. Loop 288. The agency operates from Monday -Friday, 9:00 to 12:00 p.m. and 1:00 to 4:00 p.m. and some weekends for special events. Page 21 EXFIIBIT "B" BUDGET Eighty -Thousand Nine -Hundred Thirty -Two ($80,932) in Community Development Block Grant funds for the pre -development costs associated with the development of an affordable housing complex for low and moderate -income households (families with young children). The amount stated above is an estimate. Funding may be reallocated as needed to complete improvements listed above. As stated in the agreement, any remaining fund balance will be returned to the City of Denton. Prior to the start of construction, SUBRECIPIENT shall provide the Community Development Division with a project budget, documentation of any additional funding sources and commitments (if other funding sources are included in the project), and a project planning/construction schedule. Page 22 EXHIBIT "C" Certification Regarding Lobbying The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -ILL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this Certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of the certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, US Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Grace Like Rain Inc. Grantee Date: Title Page 23 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 20-843, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Habitat for Humanity of Denton County to provide Community Development Block Grant funds for acquisition of a minimum of four single-family lots; authorizing the expenditure of funds not to exceed $220,000.00; and providing an effective date. City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton City Hall 11"'t"Mmm215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Public Affairs and Community Development CM/ DCM/ ACM: Sara Hensley DATE: May 5, 2020 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Habitat for Humanity of Denton County to provide Community Development Block Grant funds for acquisition of a minimum of four single-family lots; authorizing the expenditure of funds not to exceed $220,000.00; and providing an effective date. BACKGROUND Habitat for Humanity of Denton County (HfHDC) is part of a global, nonprofit organization and is dedicated to eliminating substandard housing locally and worldwide through constructing, rehabilitating, and preserving homes; by advocacy for fair and just housing policies; and by providing training and access to resources to help families improve their shelter conditions. HflIDC is operated at 1721 N. Carroll Blvd., Denton Texas and operates from Monday -Friday, noon to 5:00 pm. In order to improve the availability of affordable housing, the City of Denton Community Development Block Grant (CDBG) will be used to pay the costs associated with the acquisition of a minimum of four single-family residential lots in the city limits of Denton, Texas. The lots purchased with CDBG funds will be the site of new homes that will be constructed by HfHDC with volunteers and sold to eligible low and moderate -income homeowners. Habitat for Humanity of Denton County will provide the homeowner a 20 - year, zero -interest mortgage loan. Project Funding Program Year 2019-20 Community Development Block Grant funds are budgeted for the project. The Community Development Advisory Committee recommended approval of funding for improvements to HfHDC last year. Funding for the project was included in the 2019 Action Plan for Housing and Community Development for program year August 1, 2019 -July 31, 2020. City Council approved the 2019 Action Plan for Housing and Community Development with Ordinance No. 19-1146, on June 4, 2019. The U.S. Department of Housing and Urban Development (HUD) approved the Action Plan in July 2019, and funds became available in August 2019. The process of developing an agreement began in August 2019 and was completed in February 2020. During this time, Community Development worked to streamline the CDBG agreement to ensure that all HUD regulations were included. Additional research was necessary on this agreement since it was the first agreement developed for a land acquisition project. Community Development also worked with Hf -IDC to develop a detailed project description with a timeline and a work statement to include in the agreement. This time also provided the Legal Department time to review the agreement to ensure it was based on local and federal requirements. The agreement was also reviewed by the agency and the final agreement is being submitted to City Council for approval. Community Development administrative costs to monitor construction and labor standards compliance are paid through CDBG administration funds. OPTIONS • Approve the Habitat for Humanity of Denton County funding agreement; • Do not approve the Habitat for Humanity of Denton County funding agreement. ESTIMATED SCHEDULE OF PROJECT • City Council Approves Funding Agreement — February 2019 • Identified Funding for Home Construction — April 2020 • Identification and Purchases of Lots — June 2020 • Completion of Pre -Development Activities — February 2021 • Starts of Home Construction — May 2021 • Completion of Home Construction — March 2021 • Transfer of Home to Homebuyer - August 2021 • Completion of Project — December 2021 • Community Development monitors Habitat for Humanity for CDBG compliance through quarterly reporting requirements and onsite inspection until January 31, 2027. EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 - HfHDC Ordinance -Agreement Respectfully submitted: Danielle Shaw Community Development Manager Prepared By: Luisa Garcia Community Development Coordinator ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY AND HABITAT FOR HUMANITY OF DENTON COUNTY TO PROVIDE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR ACQUISITION OF A MINIMUM OF FOUR SINGLE- FAMILY LOTS; AUTHORIZING THE EXPENDITURE OF FUNDS NOT TO EXCEED $220,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City received fiends from the U.S. Department of Housing and Urban Development under the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City Council approved the 2019 Action Plan for Housing and Community Development which includes an authorized budget expenditure of funds for land acquisition for Habitat for Humanity of Denton County; and WHEREAS, the Habitat for Humanity has developed a program to assist low and moderate -income people with affordable housing; and WHEREAS, the City Council deems it in the public interest to enter into an agreement for affordable housing to provide much needed services for Denton residents; and WHEREAS, CITY has designated the Community Development Division as the division responsible for the administration of this Agreement and all matters pertaining thereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations in the preamble of this ordinance are incorporated herein by reference as true and as if fully set forth in the body of this ordinance. SECTION 2. The City Manager is hereby authorized to execute the attached Agreement between the City of Denton and Habitat for Humanity of Denton County to provide affordable housing noted therein. SECTION 3. The City Council hereby authorizes the City Manager to expend funds in the manner and amount specified in the Agreement, not to exceed $220,000.00, and to take any other actions necessary to complete the City's obligations under the Agreement. SECTION 4. This ordinance shall become effective immediately upon its passage and approval, The motion to approve this ordinance was made by and seconded by the ordinance was passed and approved by the following vote Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. 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 2020. CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: AGREEMENT BETWEEN THE CITY OF DENTON AND HABITAT FOR HUMANITY OF DENTON COUNTY This Agreement is hereby entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, pursuant to Ordinance 19-1146, hereinafter referred to as CITY, and Habitat of Habitat of Denton County, 1721 N. Carroll Blvd., Denton Texas, a Texas non-profit corporation, hereinafter referred to as SUBRECIPIENT. WHEREAS, CITY has received certain funds from the U.S. Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City Council approved the 2019 Action Plan for Housing and Community Development which includes an authorized budget expenditure of funds for land acquisition for Habitat for Humanity of Denton County; and WHEREAS, the Habitat for Humanity has developed a program to assist low and moderate - income people with affordable housing; and WHEREAS, the City Council deems it in the public interest to enter into an agreement for affordable housing to provide much needed services for Denton residents; WHEREAS, CITY has designated the Community Development Division as the division responsible for the administration of this Agreement and all matters pertaining thereto; and NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound, to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. 1. TERM This Agreement shall commence on or as of March 1, 2020, and shall terminate on February 28, 2022, unless sooner terminated in accordance with Section 25 "Termination." 2. RESPONSIBILITIES A. The CITY's Community Development Manager will be CITY's representative responsible for the administration of this Agreement. B. SUBRECIPIENT hereby accepts the responsibility for the performance of all services and activities described in the Scope of Services attached hereto as Exhibit A, and incorporated herein by reference, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider SUBRECIPIENT's executive officer to be SUBRECIPIENT's representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from SUBRECIPIENT and approved by CITY. C. SUBRECIPIENT certifies that the activities carried out with Community Development Block Grant ("CDBG") funds shall meet the CDBG program's National Objective of benefit to low and moderate -income persons Beneficiaries of the activities to be provided hereunder must reside in the City of Denton and. SUBRECIPIENT shall provide services to persons whose income is equal to or lower than 80% of the area median income of the Dallas standard metropolitan statistical area. To accomplish this, the SUBRECIPIENT shall use the current applicable income limits published by HUD for lower income housing assistance under Section 8 of the United States Housing Act of 1937, and updated by HUD annually, herein attached as Exhibit C. SUBRECIPIENT must use the most current HUD Income limits. Income eligibility shall be determined by the sum of the gross income of all individuals residing in the household. Services must be provided directly to or on behalf of specific identified eligible clients. Eligibility documentation must be included in each client's file and updated annually, or services must be provided to a clientele that is within a "presumed benefit" category as specified in 24 CFR 570.208. D. SUBRECIPIENT must demonstrate it has made reasonable attempts to reduce the isolation of income groups within geographic areas by expanding and disbursing affordable housing throughout the City of Denton. When selecting residential lots for purchase, preference will be given to lots that promote the spatial de -concentration of affordable housing opportunities. SUBRECIPIENT may also demonstrates that there are limited options for geographic de - concentration due to limited availability of affordable parcels of land and homeowner's choice for location of home. 3. OBLIGATIONS In consideration of the receipt of funds from HUD, CITY agrees to the following terms and conditions: A. Limit of Liability. CITY will reimburse SUBRECIPIENT for expenses incurred pursuant to and in accordance with the Project Budget attached hereto as Exhibit B and the Scope of Services attached as Exhibit A, and incorporated herein by reference. Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of Two -Hundred Twenty Thousand Dollars ($220,000.00) B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by SUBRECIPIENT and receipt of a requisition for payment with appropriate documentation of expenditures, CITY shall make payments to SUBRECIPIENT based on the Budget in Exhibit B, subject to the limitations and provisions set forth in this Section and Section 7 of this Agreement. Payments may be contingent upon certification of the SUBRECIPIENT's financial management system in accordance with the standards specified in 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. (1) The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate CDBG funds to meet CITY's liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify SUBRECIPIENT in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, or terminate the Agreement. If funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to SUBRECIPIENT under this Agreement. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed, or is subject to payment or reimbursement, from any other source; Page 2 (b) was incurred prior to the beginning date or after the ending date specified in Section 1; (c) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto; (d) has not been billed to CITY within 90 calendar days following billing to SUBRECIPIENT, or termination of the Agreement, whichever date is earlier; or (e) is not an allowable cost as defined by Section 10 of this Agreement or the project budget. (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of SUBRECIPIENT requiring prior written authorization from CITY, or after CITY has requested that SUBRECIPIENT furnish data concerning such action prior to proceeding further, unless and until CITY advises SUBRECIPIENT to proceed. (5) CITY shall not be obligated or liable under this Agreement to any parry other than SUBRECIPIENT for payment of any monies or provision of any goods or services. (6) Funding not expended within the term of the agreement of January 31, 2022 will revert to the City of Denton CDBG budget for use on alternative projects. C. SUBRECIPIENT'S Obligations. In consideration of the receipt of funds from the CITY, the SUBRECIPIENT agrees to the following terms and conditions: (1) Two -Hundred and Twenty Thousand Dollars ($220,000) may be paid to SUBRECIPIENT by CITY, and the only expenditures reimbursed from these funds shall be those in accordance with the Project Budget in Exhibit B, for those expenses listed in the Scope of Services as provided herein. SUBRECIPIENT shall not utilize these funds for any other purpose. (2) SUBRECIPIENT will establish, operate, and maintain an account system for these funds that will allow for a tracing of funds and a review of the financial status of the project. The system will be based on generally accepted accounting principles as recognized by the American Institute of Certified Public Accountants. (3) SUBRECIPIENT will permit authorized officials of the City to review its books at any time. (4) SUBRECIPIENT will reduce to writing all of its rules, regulations, and policies and file a copy with CITY's Community Development Office along with any amendments, additions, or revisions upon request. (5) SUBRECIPIENT will not enter into any contracts that would encumber CITY funds for a period that would extend beyond the term of this Agreement. (6) SUBRECIPIENT will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to CITY's Community Development Division for further direction. (7) SUBRECIPIENT will appoint a representative who will be available to meet with CITY officials when requested. (8) SUBRECIPIENT will indemnify and hold harmless CITY, its officers, and employees, from any and all claims and suits arising out of the activities of SUBRECIPIENT, its employees, and/or contractors. (9) SUBRECIPIENT will submit to CITY copies of year-end audited financial statements. Page 3 4. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS A. SUBRECIPIENT understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, SUBRECIPIENT assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder and codified at 24 CFR 570. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon SUBRECIPIENT by law or administrative ruling or to narrow the standards which SUBRECIPIENT must follow. B. SUBRECIPIENT shall comply with all applicable federal laws, laws of the State of Texas, and ordinances of the City of Denton. C. SUBRECIPIENT agrees to abide by the conditions of and comply with the requirements of 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. D. SUBRECIPIENT further agrees and certifies that if the regulations and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section 23 of this Agreement. E. SUBRECIPIENT is required to comply with the applicable uniform administrative requirements as described in 24 CFR 570.502, 570.505, and 24 CFR 570 subpart K with the exceptions noted below: (1) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at CFR 570.604; and (2) SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR Part 52. F. SUBRECIPIENT shall give the CITY, HUD, the Comptroller General of the United States, the Auditor of the State of Texas, and any authorized representative, access to and the right to reproduce all records belonging to or in use by SUBRECIPIENT agrees to abide by the conditions of this Agreement and, and all other applicable Federal, state, and local laws and regulations such as the requirements of the Secretary of Labor in accordance with the Davis - Bacon Act as amended, the provisions of the Contract Work Hours Safety Standards Act, the Copeland "Anti -Kickback" Act (40 U.S.C. 276a -276a-5; 40 USC 327 and 40 USC 276c) pertaining to the performance of this Agreement. G. SUBRECIPIENT will work with CITY to obtain and maintain documentation of compliance. Upon written request by the CITY, SUBRECIPIENT will obtain the services of consultant to monitor the contractor's compliance with these requirements. H. SUBRECIPIENT agrees to comply with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement and agrees that these provisions shall also be binding on any of the SUBRECIPIENT'S subcontractors. SUBRECIPIENT certifies that no contractual or other disability exists which would prevent compliance with these requirements. SUBRECIPIENT further agrees to include a statement in all subcontracts requiring compliance with Section 3 and requiring subcontractors, to the greatest extent feasible, to provide opportunities for training and employment to low and moderate -income individuals that are residents of the project area. Upon written request of the CITY, SUBRECIPIENT will obtain the services of a consultant to monitor the general contractor's compliance with the Section 3 requirements. Page 4 I. SUBRECIPIENT shall not use funding under this Agreement to influence the outcome of elections or the passage or defeat of any legislative measures. SUBRECIPIENT understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, SUBRECIPIENT assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder and codified at 24 CFR 570. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon SUBRECIPIENT by law or administrative ruling, or to narrow the standards which SUBRECIPIENT must follow. J. SUBRECIPIENT will comply with the Federal procurement standards at 2 CFR 200 Subpart D — Post Federal Award Requirements. K. SUBRECIPIENT Agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b): (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and 9(c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. 5. REPRESENTATIONS A. SUBRECIPIENT assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate, and official motion, resolution, or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of SUBRECIPIENT do hereby warrant and guarantee that he, she, or they have been fully authorized by SUBRECIPIENT to execute this Agreement on behalf of SUBRECIPIENT and to validly and legally bind SUBRECIPIENT to all terms, performances, and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either SUBRECIPIENT or the person signing the Agreement to enter into this Agreement. SUBRECIPIENT is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. D. SUBRECIPIENT agrees that the funds and resources provided under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, SUBRECIPIENT had this Agreement not been executed. 6. PERFORMANCE BY SUBRECIPIENT SUBRECIPIENT will provide, oversee, administer, and carry out activities and services set out in Exhibit A, utilizing the funds described in Exhibit B, deemed by both parties to be necessary and sufficient payment for full and satisfactory performance of the program, as determined solely by CITY and in accordance with all other terms, provisions, and requirements of this Agreement. Page 5 No modifications or alterations may be made in the Scope of Services or Budget without the prior written approval of the CITY's Community Development Manager. 7. PAYMENTS A. Payments to SUBRECIPIENT. The CITY shall pay to SUBRECIPIENT a maximum amount of money not to exceed Two -Hundred and Twenty Thousand Dollars ($220,000) for activities carried out under this Agreement. The CITY will pay these funds on a reimbursement basis to SUBRECIPIENT within twenty days after CITY has received supporting documentation of eligible expenditures. Documentation of expenditures must be submitted to the Community Development Division by dates required by Community Development. SUBRECIPIENT's failure to provide information on a timely basis may jeopardize present or future funding. The project must be completed, and all payments requested on or before January 31, 2022. No additional payments will be made if the work is not completed and the payment request(s) with appropriate documentation is not received by January 31, 2022. B. Funds are to be used for the sole purpose of carry out the activities described in the Scope of Services in Exhibit A and based on the Budget in Exhibit B. C. Excess Payment. SUBRECIPIENT shall refund to CITY within ten working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines: (1) has resulted in overpayment to SUBRECIPIENT; or (2) has not been spent strictly in accordance with the terms of this Agreement; or (3) is not supported by adequate documentation to fully justify the expenditure. D. Disallowed Costs. Upon termination of this Agreement, should any expense or charge for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the U.S. Department of Housing and Urban Development, or any other Federal agency, SUBRECIPIENT will refund such amount to CITY within ten working days of a written notice to SUBRECIPIENT, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any funds received from or through CITY E. Reversion of Assets. (1) SUBRECIPIENT, upon expiration of this Agreement, shall transfer to the CITY any funds on hand at the time of expiration and any accounts receivable attributable to the use of funds. (2) The reversion of these financial assets shall be in addition to any other remedy available to CITY either at law or in equity for breach of this Agreement. F. Obligation of Funds. (1) In the event that actual expenditure rates deviate from SUBRECIPIENT's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under expended funds. (2) If CITY finds that SUBRECIPIENT is unwilling and/or unable to comply with any of the terms of this Agreement, CITY may require a refund of any and all money expended pursuant to this Agreement by SUBRECIPIENT, as well as any remaining unexpended funds which shall be refunded to CITY within ten working days of a written notice to SUBRECIPIENT to revert these financial assets. Page 6 Contract Close Out. SUBRECIPIENT shall submit a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within 15 working days following the close of the Agreement period. 8. WARRANTIES SUBRECIPIENT represents and warrants that: A. All information, reports, and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate, and fairly reflect the financial condition of SUBRECIPIENT on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of SUBRECIPIENT. C. No litigation or legal proceedings are presently pending or threatened against the SUBRECIPIENT. D. None of the provisions herein contravene or are in conflict with the authority under which SUBRECIPIENT is doing business or with the provisions of any existing indenture or agreement of SUBRECIPIENT. E. SUBRECIPIENT has the power to enter into this Agreement and accept payments hereunder and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of SUBRECIPIENT are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by SUBRECIPIENT to CITY. G. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. H. SUBRECIPIENT agrees to execute a lien that will be placed on the property improved with CDBG funds. The lien will name CITY as the primary beneficiary for a period not to exceed ten years. 9. COVENANTS A. During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, SUBRECIPIENT shall not, without the prior written consent of the Community Development Manager or her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of SUBRECIPIENT now owned or hereafter acquired by it, or permit any pre- existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of SUBRECIPIENT which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer, or otherwise dispose of accounts receivables, notes, or claims for money due or to become due. (3) Make any advance or loan to, or incur any liability for any other firm, person, entity, or corporation as guarantor, surety, or accommodation endorser. (4) Sell, donate, loan, or transfer any equipment or item of personal property purchased with funds paid to SUBRECIPIENT by CITY, unless CITY authorizes such transfer. Page 7 (5) Enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of CITY prior to the execution of such an agreement or subcontract. B. SUBRECIPIENT agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Division. 10. ALLOWABLE COSTS A. Costs shall be considered allowable only if incurred directly and specifically in the performance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B. B. CITY shall not be obligated to any third parties, including any contractors or subcontractors of SUBRECIPIENT, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement. C. Approval of SUBRECIPIENT's Budget, Exhibit B, does not constitute prior written approval, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be considered allowable costs: (1) Any alternations, deletions, or additions to the Project Budget incorporated in Exhibit B. (2) Any fees or payments for consultant services. D. Written requests for prior approval are SUBRECIPIENT's responsibility and shall be made within sufficient time to permit a thorough review by CITY. SUBRECIPIENT must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Agreement must be conducted in its entirety in accordance with the provisions of this Agreement. 11. PROGRAM INCOME A. For purposes of this Agreement, Program Income means earnings of SUBRECIPIENT realized from activities resulting from this Agreement or from SUBRECIPIENT's management of funding provided or received hereunder. Such earnings include, but are not limited to, income from interest, usage or rental or lease fees, income produced from contract -supported services of individuals or employees, or from the use or sale of equipment or facilities of SUBRECIPIENT provided as a result of this Agreement, and payments from clients or third parties for services rendered by SUBRECIPIENT under this Agreement. B. SUBRECIPIENT shall maintain records of the receipt and disposition of Program Income in the same manner as required for other contract funds and reported to CITY in the format prescribed by CITY. CITY and SUBRECIPIENT agree that any fees collected for services performed by SUBRECIPIENT shall be used for payment of costs associated with service provision. Revenue remaining after payment of all program expenses for service provision shall be considered Program Income and shall be subject to all the requirements of this Agreement and the regulations found at CFR, Section 570.504. C. SUBRECIPIENT shall include this Section in its entirety in all of its subcontracts which involve other income-producing services or activities. D. It is SUBRECIPIENT's responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, constitutes Program Income. SUBRECIPIENT is responsible to CITY for the repayment of any and all amounts determined by CITY to be Program Income, unless otherwise approved in writing by CITY. Page 8 E. Recording Program Income. The receipt and expenditure of program income as defined in Section 570.500(a) shall be recorded as part of the financial transactions of the grant program. F. Disposition of Program Income Received by Recipients. (1) Program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds. (2) If the recipient chooses to retain program income, that income shall affect withdrawals of grant funds from the U.S. Treasury as follows: (a) Program income in the form of repayments to, or interest earned on, a revolving fund as defined in Section 570.500(b) shall be substantially disbursed from the fund before additional cash withdrawals are made from the U.S. Treasury for the same activity. (This rule does not prevent a lump sum disbursement to finance the rehabilitation of privately owned properties as provided for in Section 570.513.) (b) Substantially all other program income shall be disbursed for eligible activities before additional cash withdrawals are made from the U.S. Treasury. (3) Program income on hand at the time of closeout shall continue to be subject to the eligibility requirements in Subpart C and all other applicable provisions of this part until it is expended. (4) Unless otherwise provided in any grant closeout agreement, and subject to the requirements of this section, income received after closeout shall not be governed by the provisions of this part, except that, if at the time of closeout the recipient has another ongoing CDBG grant received directly from HUD, funds received after closeout shall be treated as program income of the ongoing grant program. (5) If the recipient does not have another ongoing grant received directly from HUD at the time of closeout, income received after closeout from the disposition of real property or from loans outstanding at the time of closeout shall not be governed by the provisions of this part, except that such income shall be used for activities that meet one of the national objectives in Section 570.208 and the eligibility requirements described in Section 105 of the Act. 12. MAINTENANCE OF RECORDS A. SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibit A and Exhibit B, and attached hereto, with any other applicable Federal and State regulations establishing standards for financial management, SUBRECIPIENT's expenditures of funds made under this Agreement will conform to (2 CFR §200) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the regulations at 24 CFR Part 570 as applicable including, Title 24 CFR Sections 570.502 (b), 570.504, and 570.506 as they pertain to costs incurred, audits, program income, administration, and other activities and functions. SUBRECIPIENT's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve SUBRECIPIENT of fiscal accountability and liability under any other provision of this Agreement or any applicable law. SUBRECIPIENT shall include the substance of this provision in all subcontracts. B. SUBRECIPIENT agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the operation of programs and expenditures of funds Page 9 under this Agreement for five years after the termination of all activities funded under this agreement. C. Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of responsibility for retaining accurate and current records, which clearly reflect the level and benefit of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, the SUBRECIPIENT shall make available to CITY, HUD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment, and all other data requested by said representatives. 13. REPORTS AND INFORMATION At such times and in such form as CITY may require, SUBRECIPIENT shall furnish such statements, records, data, and information as CITY may request and deem pertinent to matters covered by this Agreement. SUBRECIPIENT shall submit beneficiary and financial reports to CITY no less than once every three months. The beneficiary report shall detail client information, including race, ethnicity, income, female head of household, and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section 1 of this Agreement. Unless the CITY has granted a written exemption, SUBRECIPIENT shall submit an audit conducted by independent examiners in accordance with Generally Accepted Accounting Principles. If the SUBRECIPIENT receives and/or expends more than $750,000 in federal funding, the audit must be conducted in accordance with OMB 2 CFR Part 200, as applicable within thirty days after receipt of such audit. 14. MONITORING AND EVALUATION SUBRECIPIENT agrees to participate in a monitoring and evaluation system whereby the services can be continuously monitored. CITY shall perform monitoring of the SUBRECIPIENT's performances under this Agreement for five years from the project completion. A. SUBRECIPIENT agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by SUBRECIPIENT to the provisions of this Agreement which are attached hereto. B. SUBRECIPIENT agrees to cooperate fully with CITY and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibilities. C. SUBRECIPIENT agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. D. To comply with this section, SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. SUBRECIPIENT's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. SUBRECIPIENT agrees to retain all books, records, documents, reports, and Page 10 written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for the period of time and under the conditions specified by the CITY. Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of responsibility for retaining accurate and current records, which clearly reflect the level and benefit of services, provided under this Agreement. E. After each official monitoring on-site visit, CITY shall provide SUBRECIPIENT with a written report of monitoring findings, documenting findings and concerns that will require a written response to the CITY. An acceptable response must be received by the City within 60 days from the SUBRECIPIENT's receipt of the monitoring report or audit review letter. Future contract payments can be withheld for the SUBRECIPIENT's failure to submit a response within 60 days. F. SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of the SUBRECIPIENT's funding or regulatory bodies to CITY within ten working days of receipt by SUBRECIPIENT. G. SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. 15. DIRECTORS' MEETINGS During the term of this Agreement, SUBRECIPIENT shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice and shall include an agenda and a brief description of the matters to be discussed. SUBRECIPIENT understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of SUBRECIPIENT's governing body shall be available to CITY within ten days after Board approval. 16. INSURANCE A. SUBRECIPIENT shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. SUBRECIPIENT will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. C. SUBRECIPIENT will maintain adequate and continuous liability insurance on all vehicles owned, leased, or operated by SUBRECIPIENT. All employees of SUBRECIPIENT who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in SUBRECIPIENT's files. D. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement and remain the sole responsibility of SUBRECIPIENT. E. The policy or policies of insurance shall contain a clause which requires that CITY and SUBRECIPIENT be notified in writing of any cancellation or change in the policy at least 30 days prior to such change or cancellation. 17. CIVIL RIGHTS / EQUAL OPPORTUNITY Page 11 A. SUBRECIPIENT shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. The SUBRECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, gender, age, or disability. The SUBRECIPIENT will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. B. SUBRECIPIENT shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b), Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 and Executive Order 11246 as amended by Executive Orders 11375 and 12086. C. SUBRECIPIENT will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state, and Federal rules and regulations. D. In the event of SUBRECIPIENT's non-compliance with the non-discrimination requirements, CITY may cancel or terminate the Agreement in whole or in part, and SUBRECIPIENT may be barred from further contracts with CITY. 18. PERSONNEL POLICIES Personnel policies shall be established by SUBRECIPIENT and shall be available for examination. Such personnel policies shall: A. Include policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing; and C. Be approved by the governing body of SUBRECIPIENT. 19. CONFLICT OF INTEREST A. SUBRECIPIENT covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. SUBRECIPIENT further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. SUBRECIPIENT further covenants that no member of its governing body or its staff, subcontractors, or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others, particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the interest in any corporation, partnership, or association in which he or she has a direct or indirect interest. 20. NEPOTISM Page 12 SUBRECIPIENT shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by SUBRECIPIENT or is a member of SUBRECIPIENT's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, stepparent, stepchild, half-brother, and half-sister. 21. POLITICAL OR SECTARIAN ACTIVITY A. Neither the funds advanced pursuant to this Agreement, nor any personnel which may be employed by the SUBRECIPIENT with funds advanced pursuant to this Agreement shall be in any way or to any extent engaged in any conduct or political activity in contravention of Chapter 15 of Title 5 of the United States Code. B. The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; sectarian or religious activities, lobbying, political patronage, or nepotism activities. C. The SUBRECIPIENT agrees that none of the funds or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office, or for publicity, lobbying, and/or propaganda purposes designed to support or defeat pending legislation. Employees of the SUBRECIPIENT connected with any activity that is funded in whole or in part by funds provided to SUBRECIPIENT under this Agreement may not under the term of this Agreement: (1) Use their official position or influence to affect the outcome of an election or nomination; (2) Solicit contributions for political purposes; or (3) Take an active part in political management or in political campaigns. D. SUBRECIPIENT hereby agrees to sign a Certification Regarding Lobbying included herein as Exhibit D and if necessary, the Disclosure of Lobbying Activities provided by the CITY. 22. PUBLICITY Where such action is appropriate, SUBRECIPIENT shall publicize the activities conducted by SUBRECIPIENT under this Agreement. In any news release, sign, brochure, or other advertising medium, disseminating information prepared or distributed by or for SUBRECIPIENT, the advertising medium shall state that the U.S. Department of Housing and Urban Development's Community Development Block Grant Program funding through the City of Denton has contributes to make the project possible. 23. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. SUBRECIPIENT may not make transfers between or among approved line items within budget categories set forth in Exhibit B without prior written approval of CITY. SUBRECIPIENT shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. Page 13 C. SUBRECIPIENT will submit revised budget and program information whenever the level of funding for SUBRECIPIENT or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal, or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto and shall become a part of the Agreement on the effective date specified by the law or regulation. E. CITY may, from time to time during the term of the Agreement, request changes to the Agreement, which may include an increase or decrease in the amount of SUBRECIPIENT's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the program budget incorporated in Exhibit B shall require the prior written approval of CITY. G. SUBRECIPIENT agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at least 30 calendar days in advance of the change. H. SUBRECIPIENT shall notify CITY of any changes in personnel or governing board composition. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. 24. SUSPENSION OF FUNDING Upon determination by CITY of SUBRECIPIENT's failure to timely and properly perform each of the requirements, time conditions, and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten working days written notice to SUBRECIPIENT, withhold further payments to SUBRECIPIENT. Such notice may be given by mail to the Executive Officer and the Board of Directors of SUBRECIPIENT. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed 30 calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, SUBRECIPIENT may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If however, CITY determines that SUBRECIPIENT has not come into compliance, the provisions of Section 25 may be effectuated. 25. TERMINATION A. CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not specifically enumerated in this paragraph: (1) SUBRECIPIENT's failure to attain compliance during any prescribed period of suspension as provided in Section 24. (2) SUBRECIPIENT's failure to materially comply with any of the terms of this Agreement. (3) SUBRECIPIENT's violation of covenants, agreements, or guarantees of this Agreement. (4) Termination or reduction of funding by the CITY or HUD. (5) Finding by CITY that the SUBRECIPIENT: Page 14 (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement; (b) has allocated inventory to this Agreement substantially exceeding reasonable requirements; or (c) is delinquent in payment of taxes or of costs of performance of this Agreement in the ordinary course of business. (6) Appointment of a trustee, receiver, or liquidator for all or substantial part of SUBRECIPIENT's property, or institution of bankruptcy, reorganization, rearrangement of, or liquidation proceedings by or against SUBRECIPIENT. (7) SUBRECIPIENT's inability to conform to changes required by Federal, State, and local laws or regulations as provided in Section 4, and Section 2, of this Agreement. (8) The commission of an act of bankruptcy. (9) SUBRECIPIENT's violation of any law or regulation to which SUBRECIPIENT is bound or shall be bound under the terms of the Agreement. B. CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding source specified in Exhibit B. C. CITY may terminate this Agreement for convenience at any time. If CITY terminates this Agreement for convenience, SUBRECIPIENT will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of SUBRECIPIENT covered by the Agreement, less payments previously made. D. SUBRECIPIENT may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which SUBRECIPIENT depends for performance hereunder. SUBRECIPIENT may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between SUBRECIPIENT and the funding source in question. E. SUBRECIPIENT may terminate this Agreement upon the dissolution of SUBRECIPIENT's organization not occasioned by a breach of this Agreement. F. Upon receipt of notice to terminate, SUBRECIPIENT shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts, which relate to the performance of this Agreement. CITY shall not be liable to SUBRECIPIENT or SUBRECIPIENT's creditors for any expenses, encumbrances, or obligations whatsoever incurred after the termination date listed on the notice to terminate referred to in this paragraph. G. Notwithstanding any exercise by CITY of its right of suspension or termination, SUBRECIPIENT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by SUBRECIPIENT, and CITY may withhold any reimbursement to SUBRECIPIENT until such time as the exact amount of damages due to CITY from SUBRECIPIENT is agreed upon or otherwise determined. 26. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit, or other action is made or brought by any person(s), firm, corporation, or other entity against SUBRECIPIENT, SUBRECIPIENT shall give written notice thereof to CITY within five working days after being notified of such claim, demand, Page 15 suit, or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit, or other action; the names and addresses of the person(s), firm, corporation, or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action, or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. 27. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with SUBRECIPIENT as an independent contractor and that as such, SUBRECIPIENT shall save and hold CITY, its officers, agents, and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent, or representative of SUBRECIPIENT. B. SUBRECIPIENT agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. 28. NON -RELIGIOUS ACTIVITIES A. As stated in 24 CFR Part 5.109, no organization will be prohibited from participating in activities supported by CITY funding including programs that make funds available through contracts, grants, or cooperative agreements. SUBRECIPIENT is prohibited from discriminating against beneficiaries in providing services or carrying out activities with such assistance based on religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice, while also noting that organizations that participate in programs only funded by indirect CITY or Federal financial assistance need not modify their program or activities to accommodate beneficiaries who choose to expend the indirect aid on those SUBRECIPIENTS' programs. B. Faith based organizations that carry out programs or activities with direct Federal financial assistance from HUD are required to provide written notice of certain protections to beneficiaries and prospective beneficiaries. Specifically, such organizations are required to give notice to beneficiaries that: (1) The organization may not discriminate against a beneficiary or prospective beneficiary based on religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice; (2) The organization may not require a beneficiary to attend or participate in any explicitly religious activities that are offered by the organization, and any participation by the beneficiary in such activities must be purely voluntary; and (3) The organization must separate, in time or location, any privately funded explicitly religious activities from activities supported by direct Federal financial assistance; and (4) If a beneficiary objects to the religious character of the organization, the organization must undertake reasonable efforts to identify and refer the beneficiary to an alternative provider to which the beneficiary has no such objection; (5) A beneficiary or prospective beneficiary may report an organization's violation of these protections, including any denials of services or benefits by an organization, Page 16 by contacting or filing a written complaint to HUD or the intermediary administering the program, if applicable. a) Faith -based organizations must provide this notice to prospective beneficiaries prior to enrollment. In the event of an emergency or exigent circumstance that make it impracticable to provide the written notice in advance, prospective beneficiaries may receive the notice at the earliest available opportunity. Current beneficiaries must receive the notice at the earliest available opportunity. b) Faith -based organizations that carry out a program or activity with direct Federal financial assistance from HUD are to promptly undertake reasonable efforts to identify an alternative provider if a beneficiary or prospective beneficiary objects to the religious character of the organization, and to refer the beneficiary or prospective beneficiary to an alternative provider to which the beneficiary or prospective beneficiary has no such objection. 29. MISCELLANEOUS A. SUBRECIPIENT shall not transfer, pledge, or otherwise assign this Agreement or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company, or other financial institution without the prior written approval of CITY. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence, and related material submitted by SUBRECIPIENT shall become the property of CITY upon request. D. Debarment: SUBRECIPIENT certifies that it is not listed on the System for Award Management (SAM), which list the debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 and 24 CFR Part 24. E. In no event shall any payment to SUBRECIPIENT hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement, constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by SUBRECIPIENT. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. F. This Agreement, together with referenced Exhibits, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall an agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. G. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, Page 17 laws, ordinances, or regulations, CITY as the party ultimately responsible to U.S. Department of Housing and Urban Development (HUD) for matters of compliance, will have the final authority to render or to secure an interpretation. H. If SUBRECIPIENT provides services to the homeless it is required to: (1) Report homeless data to the Homeless Management Information System (HMIS). Homeless Management Information System (HMIS): HMIS is a countywide data management tool designed to facilitate data collection in order to improve human service delivery throughout Denton County. Participation in the Homeless Management Information System (HMIS) is a requirement per this agreement. Data entered into HMIS will help our community improve services to individuals experiencing homelessness by providing accurate information on the extent and nature of homelessness in our community and by accounting for our success in helping people move out of homelessness. Participation is also critical to help Denton and Denton County successfully compete for grants for federal funding, such as the U.S. Department of Housing and Urban Development's homeless assistance funds. (2) Participate in the Denton County Homeless Leadership Team meetings and any applicable workgroup(s). The Denton County Homeless Leadership Team is a collaborative, cross -sector team that convenes to improve the planning, coordination, oversight, and implementation required to create systems change for housing/homelessness initiatives in Denton County. Further, the Agency is encouraged to work in partnership with fellow service providers to improve efficiency and effectiveness. I. For purposes of this Agreement, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and address set forth below: TO CITY: TO SUBRECIPIENT: City Manager Habitat for Humanity of Denton County City of Denton 1721 N. Carroll Blvd. 215 E. McKinney Denton, Texas 76201 Denton, Texas 76201 w/ a copy to: Catherine Clifton, Deputy City Attorney City of Denton 215 E. McKinney Denton, TX 76201 G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court competent jurisdiction sitting in Denton County, Texas. IN WITNESS OF WHICH this Agreement has been executed on this the day of , 2020. CITY OF DENTON HABITAT FOR HUMANITY OF DENTON COUNTY Page 18 CITY OF DENTON BY: TODD HILEMAN CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY HABITAT FOR HUMANITY OF DENTON COUNTY ATTEST: s P w BY: BY: APPROVED AS TO LEGAL FORM: ARRON L , CITY ATTORNEY 7jBY: V Page 19 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obt ati nd business terms 9i6hature Community -Development Manager Title Community Development Division Department Date Signed: 1712 EXHIBIT A SCOPE OF SERVICES Description of Housing Project City of Denton Community Development Block Grant (CDBG) funds will be used to purchase a minimum of four single-family lots in the city limits of Denton for the construction of affordable housing for low and moderate -income households. The property purchased with CDBG funds will be the site of new homes that will be constructed by Habitat for Humanity of Denton County with volunteers and sold to eligible low and moderate -income homeowners. Habitat for Humanity of Denton County will provide the homeowner a 20 -year, zero -interest mortgage loan. Below are the specifics on the project: 1. Parcels purchased must be zoned to allow for single-family at the time of construction and be situated within the city limits of Denton and must meet all the City of Denton's Land Development Codes. 2. Before making an offer, Subrecipient needs to request the completion of an environmental review on the property that will be conducted by the City. This is necessary to ensure that the property is eligible prior to making an offer to purchase. Environment review includes Historic Properties, Floodplain Management, Noise, Thermal and Explosive Hazards, and Toxic Chemicals and Radioactive Materials. 3. Before making an offer, Subrecipient is required to have the seller sign the URA Voluntary Acquisition Form provided to Subrecipient to comply with the URA requirements for the acquisition of real property. 4. Subrecipient can enter into an option or conditional contract to purchase real property before the completion of an environmental review on the property in accordance to HUD Guidance on Options and Conditional Contracts for Purchase of Real Property for Environment Reviews Conducted by a Responsible Entitle under 24 CFR 58 dated August 26, 2011. 5. The scope of construction shall be developed with the specific needs of the selected residents in mind. The estimated cost, materials to be used, and industry or regulatory standards to be met shall be itemized on a detailed list that will be used to determine the scope of work covered by the environmental review, and during the construction phase. 6. Income shall be calculated using the HUD Section 8 program definition of annual income. Source documentation for the household must be submitted to the City showing the household earns less than 80% of the Area Median Income (AMI) at the time of construction. This affordability requirement survives the expiration of this agreement. HUD Income Training will be provided by the City of Denton. 7. Subrecipient shall obtain an appraisal prior to the sale of the newly constructed home to establish the fair market value. 8. Subrecipient may apply for the Affordable Fee Waiver Program to receive assistance with building permit fees including plan review, building permits, temporary power, and fence Page 20 permits; Roadway Impact Fees; and Utility Fees including water and wastewater impact fees. 9. Subrecipient shall manage construction work, making regular site visits to ascertain that approved and contracted work is proceeding on schedule and satisfactorily. 10. The property must be purchased, on or before February 28, 2022. No additional payments will be made if the acquisition and the payment request(s) with appropriate documentation is not received by February 28, 2022. 11. A minimum of four homes must be constructed and sold to eligible homebuyers within 15 months of purchase. Proposed Project Timeline March 1, 2020 Project Approval: Contract is executed with SUBRECIPIENT and approved by City Council May 2020 Funding Benchmark: SUBRECIPINET has identified or raised funding for home construction. June 2020 Identification of Residential Property: SUBRECIPIENT searches for property. July 2020 Environmental Approval: City staff completes and approves a Site Specific Environmental Review Checklist for proposed property. August 2020 Land Acquisition: SUBRECIPIENT signs a property contract to purchase property. Deadline to purchase land is February 28, 2022. September 2020 Closing: SUBRECIPIENT closes on property and takes ownership. SUBRECIPIENT request reimbursement of acquisition costs from the City of Denton. December 2020 Funding Benchmark: Subrecipient secures construction funding/financing. February 2021 Pre -Development: Subrecipient completes architecture, engineering, design, permitting, and all pre -construction activities and approvals. October 2021 Construction: Subrecipient manages construction for building a single- family home for a low to moderate -income household. Deadline to construct house is 15 months after purchase of land. November 2021 Sell of Home/Occupancy: Subrecipient sells home and household occupies home. Deadline to sale house is 15 months after purchase of land. January 2022 Reporting: Subrecipient submits client data to the City to complete project. March 1, 2022 Monitoring: Subrecipient begins reporting February 28, 2027 Monitoring: Subrecipient ends reporting Work Statement Page 21 In order to complete the agreed upon activity, SUBRECIPIENT shall provide the following services from the improved facility: Habitat for Humanity of Denton County is part of a global, nonprofit organization and is dedicated to eliminating substandard housing locally and worldwide through constructing, rehabilitating, and preserving homes; by advocacy for fair and just housing policies; and by providing training and access to resources to help families improve their shelter conditions. Habitat for Humanity of Denton County is operated at 1721 N. Carroll Blvd., Denton Texas and operates from Monday -Friday, noon to 5:00 pm. Page 22 EXHIBIT B BUDGET Two -Hundred and Twenty Thousand Dollars ($220,000) in Community Development Block Grant funds for the land acquisitions of a minimum of four (4) residential infill lots. The amount stated above is an estimate. Funding may be reallocated as needed to complete the housing project listed above. As stated in the agreement, any remaining funding will be returned to the City of Denton. CDBG funds can be used to reimburse the Subrecipient for the purchase price of a minimum of four (4) residential lots and normal and customary buyer closing costs associated with the purchase. Prior to the start of construction, SUBRECIPIENT shall provide the Community Development Division with a project budget, documentation of any additional funding sources and commitments (if other funding sources are included in the project), and a project planning/construction schedule. Page 23 Exhibit C U.S. Department of Housing and Urban Development (HUD) Income Limits Qualifying Income Limits for Federally Assisted Programs FY 2019 Income Limits Summary Dallas, TX HUD Metro FMR Area Median Household Income: $ 83,100 (Household of 4) Household Low (80%) Very Low (50%) Extremely Low (30%) 1 46,550 29,100 17,500 2 53,200 33,250 20,000 3 59,850 37,400 22,500 4 66,500 41,550 25,750 5 71,850 44,900 30,170 6 77,150 48,200 34,590 7 82,500 51,550 39,010 8 87,800 54,850 43,430 Page 24 EXHIBIT D Certification Regarding Lobbying The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -ILL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this Certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of the certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, US Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Habitat for Humanity of Denton County Grantee ignature 0 Date: Title Page 25 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 20-867, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with Siddons-Martin Emergency Group, LLC, through the Buy Board Cooperative Purchasing Network Contract # 571-18, for the purchase of associated equipment for Pierce Velocity TM Pumper Engine for the Fire Department; providing for the expenditure of funds therefor; and providing an effective date. (File 7339 - awarded to Siddons-Martin Emergency Group, LLC, in the amount of $109,399.87). City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton � City Hall 215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: May 5, 2020 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with Siddons-Martin Emergency Group, LLC, through the Buy Board Cooperative Purchasing Network Contract # 571-18, for the purchase of associated equipment for Pierce Velocity TM Pumper Engine for the Fire Department; providing for the expenditure of funds therefor; and providing an effective date. (File 7339 - awarded to Siddons-Martin Emergency Group, LLC, in the amount of $109,399.87). INFORMATION /BACKGROUND The City of Denton Fire Department has standardized the fire apparatus to Pierce manufacturing to create efficiencies with service, maintenance and parts supplies available through the local vendor, Siddons— Martin Emergency Group, LLC. Siddons-Martin Emergency Group, LLC, the only authorized Pierce dealer in the State of Texas, submitted a Buy Board quote for one (1) 2020 model Pierce Velocity TM Pumper Engine. The Engine was approved and purchase back in December of 2019. The purchase had to be completed quickly to receive a prepay discount of $21,162, which did not allow adequate time to add the equipment to the engine purchase. Siddons-Martin Emergency Group, LLC is local and will be able to provide maintenance or replace any of our equipment if needed in the future. This order is for a full complement of equipment, for the engine, that is essential for Firefighters to perform their jobs. Requested equipment includes attack hoses and nozzles (3 different lengths and sizes) that is used to attack the fire. Also, 1,000+ feet of supply hose is used to connect to the fire hydrants that provide water. The requeseted equipment also includes a full set of hydraulic rescue tools for vehicle extrication (jaws of life). The saws and fans are used to ventilate structures that are filled with contaminated air, either from fires (smoke) and/or CO gas. There will also be several different hand tools (axes, pike poles, halogens, etc.) for various duties. The thermal imaging camera is essential for search and rescue, finding hot spots, and hidden fires while overhauling structures during and after fires. Since technical rescues (trench, confined space, and rope) are required, this equipment is included as well. The new Engine will enter frontline service as a fleet addition to Station 3. The current Station 3 engine FD1635 will go into reserve status and be utilized at the new Station 8 when completed. Pricing obtained through the Buy Board Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On February 1, 2005, Council approved the interlocal agreement with the Buy Board Cooperative Purchasing Network (Ordinance 2005-034). On December 17, 2019, Council approved the contract with Siddons-Martin Emergency Group, LLC, through the Buy Board Cooperative Purchasing Network Contract # 571-18, for the purchase of one (1) Pierce Velocity TM Pumper Engine for the Fire Department, in the amount of $739,631 (Ordinance 19- 2927). RECOMMENDATION Award a contract with Siddons-Martin Emergency Group, LLC, for the purchase of Associated Equipment for our new Pierce Velocity TM Pumper Engine for the Fire Department, in the not -to -exceed amount of $109,399.87. PRINCIPAL PLACE OF BUSINESS Siddons-Martin Emergency Group, LLC Houston, TX ESTIMATED SCHEDULE OF PROJECT Delivery of the items will occur within 210-240 days after receipt of order. FISCAL INFORMATION This purchase will be funded from FD2093 FIRE ENGINE account 810457408.1355.30100 using Certificate of Obligation Bonds for FY 19-20 Vehicle and Equipment Replacements in the amount of $109.399.87. Requisition #146358 has been entered in the Purchasing software system. The budgeted amount for this item is $109,399.87. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Quote Exhibit 3: LLC Members Exhibit 4: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Dinora Velasquez, 940-349-8843. Legal point of contact: Mack Reinwand at 940-349-8333. Siddons-Martin Emergency Group 3500 Shelby Lane Denton TX USA 76207 Phone #:0401382-9600 Fax #: (940) 382-9605 qw Remit To: PO Box 679827 Dallas, TX 75267-9827 Ntimate Number: 14001229 II I I I I II III I I I I III II Ticket Date: 11/17/2019 Cashed Out Date: Parts Employee: (AODE) John Morris PARTS - ESTIMATE 1003013 Work: (940) 349-7100 Denton, City of Ship To: 215 E. McKinney Street Denton TX 76201-4299 PO #: BUYBOARD # 571-18 DISCLAIMER OF WARRANTIES - Any warranties on the products sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. NO RETURNS ON ELECTRICAL ITEMS. NO RETURNS WITHOUT SALES RECEIPT. RESTOCKING CHARGE OF 20% ON NON -STOCK ITEMS! Printed On : 3/18/2020 10:25:46 AM Page I of 7 Parts Total: $107,899.87 Drop Retail Ext Price: $109,399.87 Selling Extended Extended Part # Description Shipped Qty Price Savings Price Discount Price SPIO-600PU-50-W HOSE, SINGLE JACKET, P X 50, WHITE ❑ 5.00 $62.10 $0.00 $62.10 $0.00 $310.50 DP17-1000-50-0-ARN 1.75 COMAT READY, 50FT, ORANGE, At ❑ 6.00 $258.75 $0.00 $258.75 $0.00 $1,552.50 DP17-1000-50-B-ARN 1.75 COMAT READY, 50FT, BLUE, ARN ❑ 3.00 $254.73 $0.00 $254.73 $0.00 $764.19 DP17-1000-50-G-ARN 1.75 COMAT READY, 50FT, GREEN,ARN ❑ 4.00 $254.73 $0.00 $254.73 $0.00 $1,018.92 DP17-1000-10-Y-ARN HOSE, COMBAT READY, 1.75" X 10, YEI ❑ 2.00 $78.55 $0.00 $78.55 $0.00 $157.10 DP25-1000-50-Y-ARN 2.5 COMAT READY, 50FT, YELLOW, ARI ❑ 15.00 $335.80 $0.00 $335.80 $0.00 $5,037.00 DP25-1000-10-Y HOSE, COMBAT READY, 2.5" X 10, YELI ❑ 1.00 $97.18 $0.00 $97.18 $0.00 $97.18 DP25-1000-20-Y-ARN 2.5", COMBAT READY, 20, COMBAT RE) ❑ 1.00 $120.75 $0.00 $120.75 $0.00 $120.75 RC50-450-10-R HOSE, PRO -FLOW LDH.5 " X 10, RED ❑ 2.00 $270.54 $0.00 $270.54 $0.00 $541.08 RC50-450-25-R HOSE, PRO -FLOW LDH.5 " X 25, RED ❑ 2.00 $270.54 $0.00 $270.54 $0.00 $541.08 RC50-450-50-R HOSE, PRO -FLOW LDH.5 " X 50, RED ❑ 2.00 $382.38 $0.00 $382.38 $0.00 $764.76 RC50-450-100-Y KEY HOSE, PRO -FLOW LDH.5 " X 100, Y ❑ 10.00 $572.70 $0.00 $572.70 $0.00 $5,727.00 AXDIST-NX-T INTAKE VLV, 5.0"STORZ RIGID X 6.07, ❑ 2.00$1,583.55 $0.00 $1,583.55 $0.00 $3,167.10 03726401 Wye, B -100 -LA, 1.5" NH Inlet x 1.5" NH (2) ❑ 1.00 $260.20 $0.00 $260.20 $0.00 $260.20 1581 WYE, 2.5" X 1.5" (2) ❑ 2.00 $596.85 $0.00 $596.85 $0.00 $1,193.70 00164401 SIAMESE, 2.5" (2) X 5" STORZ ❑ 1.00 $534.68 $0.00 $534.68 $0.00 $534.68 1582 WYE, 2.5" FEMALE X 2.5" (2) MALE ❑ 1.00$1,231.88 $0.00 $1,231.88 $0.00 $1,231.88 HB228-5 LDH Hose Clamp, HASBRA, 5" ❑ 1.00 $531.30 $0.00 $531.30 $0.00 $531.30 HB228A Bracket, Harbra Hose Clamp ❑ 1.00 $62.10 $0.00 $62.10 $0.00 $62.10 03972401 INLINE FOAM INDUCTOR, 150 GPM ❑ 1.00 $555.80 $0.00 $555.80 $0.00 $555.80 S54L545-H52 Adapter, 5"Storz X 4.57 LH, SW, Black HC ❑ 1.00 $137.23 $0.00 $137.23 $0.00 $137.23 ENGRAVE ENGRAVE SET-UP "DENTON FD" El 14.00 $11.50 $0.00 $11.50 $0.00 $161.00 DISCLAIMER OF WARRANTIES - Any warranties on the products sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. NO RETURNS ON ELECTRICAL ITEMS. NO RETURNS WITHOUT SALES RECEIPT. RESTOCKING CHARGE OF 20% ON NON -STOCK ITEMS! Printed On : 3/18/2020 10:25:46 AM Page I of 7 Parts Total: $107,899.87 Discount Total: $0.00 Core Total: $0.00 Ext Price: $109,399.87 Freight Total: $1,500.00 Sales Tax: $0.00 Sublet Total: $0.00 Total: $109,399.87 Labor Total: ep TIRA$0.00 S Other Charges: $ . 0 A ount DM9,A918 Shop Supplies: $0.00 Amt Tendered: $0.00 Sub Total: $109,399.87 Chg Returned: $0.00 DISCLAIMER OF WARRANTIES - Any warranties on the products sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. NO RETURNS ON ELECTRICAL ITEMS. NO RETURNS WITHOUT SALES RECEIPT. RESTOCKING CHARGE OF 20% ON NON -STOCK ITEMS! Printed On : 3/18/2020 10:25:46 AM Page I of 7 Siddons-Martin Emergency Group 3500 Shelby Lane Denton TX USA 76207 Phone #:(9401382-9600 NNC� Fax #: (940) 382-9605 Remit To: PO Box 679827 Dallas, TX 75267-9827 Denton, City of 215 E. McKinney Street Denton TX 76201-4299 Ntimate Number: 14001229 II I I I I II III I I I I III II Ticket Date: 11/17/2019 Cashed Out Date: Parts Employee: (AODE) John Morris PARTS - ESTIMATE 1003013 Work: (940) 349-7100 Ship To: PO #: BUYBOARD # 571-18 S54L54-H53 5" STORZ // Female RL Swivel NH 4", HC I ❑ 1.00 $151.80 $0.00 $151.80 $0.00 $151.80 S60S54-H53 5" STORZ // 4" STORZ, HC Blue ❑ 1.00 $137.30 $0.00 $137.30 $0.00 $137.30 37RG25-62 37RG25-H63 0 1.00 $27.21 $0.00 $27.21 $0.00 $27.21 36R11 -H52 Male NH 1" // Male NH 1", HC Black 2.00 $12.30 $0.00 $12.30 $0.00 $24.60 35Rl l -H52 Female NH 1" // Female NH 1", HC, Black ❑ 2.00 $14.90 $0.00 $14.90 $0.00 $29.80 36R1515-1-152 Adapter, Dbl. Male 1.5", BLACK ❑ 2.00 $13.37 $0.00 $13.37 $0.00 $26.74 35R1515 -H52 Adapter Dbl. Female 1.5", BLACK ❑ 2.00 $21.94 $0.00 $21.94 $0.00 $43.88 3682525-H52 Adapter, Dbl. Male 2.5", BLACK ❑ 2.00 $13.59 $0.00 $13.59 $0.00 $27.18 35R2525 -H52 Adapter, Dbl. Female 2.5", BLACK ❑ 2.00 $28.16 $0.00 $28.16 $0.00 $56.32 37R2515 -H52 Adapter, 2.5"F X 1.5" M, BLACK ❑ 2.00 $15.53 $0.00 $15.53 $0.00 $31.06 37R1525 -H52 Female NH 1.5" // Male NH 2.5", HC Black ❑ 1.00 $15.95 $0.00 $15.95 $0.00 $15.95 37R151 -H52 Female NH 1.5" // Male NH 1" 1. ❑ 2.00 $14.24 $0.00 $14.24 $0.00 $28.48 37R1G-H57 Female NH 1" // Male GHT, HC Green ❑ 1.00 $14.55 $0.00 $14.55 $0.00 $14.55 09KT25225M-P18 HYDRANT GATE VALVE BLACK ❑ 1.00 $181.13 $0.00 $181.13 $0.00 $181.13 01507001 Elkhart S-454 Hydrant Wrench ❑ 3.00 $73.90 $0.00 $73.90 $0.00 $221.70 01519001 470 Elkhart Spanner Wrenches holder only ❑ 4.00 $67.07 $0.00 $67.07 $0.00 $268.28 A3810 TFT, JUMBO SPANNER SET W/ BKT ❑ 2.00 $86.25 $0.00 $86.25 $0.00 $172.50 A3090 SINGLE JUMBO SPANNER WRENCH ❑ 6.00 $20.13 $0.00 $20.13 $0.00 $120.78 71297000 T-464 Universal Spanner ❑ 10.00 $24.84 $0.00 $24.84 $0.00 $248.40 HPKE25R2590-P18 HIGH PRESSURE 90* ELBOW BLACK ❑ 1.00 $404.93 $152.63 $252.30 $0.00 $252.30 J25G200S 1N -LINE PITOT PRESSURE GAUGE 2.5" t ❑ 1.00 $260.82 $0.00 $260.82 $0.00 $260.82 XFC-62-01 SAFE-TAK/X-GUN COMB PKG - M -R1251 ❑ 1.00$4,788.03 $0.00 $4,788.03 $0.00 $4,788.03 A3820 HOSE ROLLER, TFT ❑ 1.00 $129.38 $0.00 $129.38 $0.00 $129.38 78 Hose and Ladder Strap ❑ 1.00 $60.95 $0.00 $60.95 $0.00 $60.95 = Parts Total: $107,899.87 Discount Total: $0.00 Core Total: $0.00 Ext Price: $1095399.87 Freight Total: $1,500.00 Sales Tax: $0.00 Sublet Total: $0.00 Total: $109,399.87 Labor Total: C epi$0.00 Other Charges: /_11$N0 0 J A ount D W9,A918 Shop Supplies: $0.00 Amt Tendered: $0.00 Sub Total: $109,399.87 Chg Returned: $0.00 As our customer, you $152.63 just saved: DISCLAIMER OF WARRANTIES - Any warranties on the products sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. NO RETURNS ON ELECTRICAL ITEMS. NO RETURNS WITHOUT SALES RECEIPT. RESTOCKING CHARGE OF 20% ON NON -STOCK ITEMS! Printed On: 3/18/2020 10:25:47 AM Page 2 of 7 Siddons-Martin Emergency Group 3500 Shelby Lane Denton TX USA 76207 Phone #:(9401382-9600 NNC� Fax #: (940) 382-9605 Remit To: PO Box 679827 Dallas, TX 75267-9827 Denton, City of 215 E. McKinney Street Denton TX 76201-4299 Ntimate Number: 14001229 II I I I I II III I I I I III II Ticket Date: 11/17/2019 Cashed Out Date: Parts Employee: (AODE) John Morris PARTS - ESTIMATE 1003013 Work: (940) 349-7100 Ship To: PO #: BUYBOARD # 571-18 343-HTK-3-Yellow Hydrant Tool Bag with Dual Layer Bottom ❑ 1.00 $57.49 $0.00 $57.49 $0.00 $57.49 444YL STAND PIPE BAG ' ❑ 1.00 $71.07 $0.00 $71.07 $0.00 $71.07 DQS40P QUARDRAFOG W/ GRIP, 1" ❑ 2.00 $478.17 $0.00 $478.17 $0.00 $956.34 FSS8 STRAIGHT TIP, 7/8" ❑ 3.00 $68.31 $0.00 $68.31 $0.00 $204.93 MEITO-212 150GPM @ 50PSI ❑ 5.00 $403.65 $0.00 $403.65 $0.00 $2,018.25 H-VOI TFT, DETENT VALVE W/GRIP 1.5" NH x ❑ 4.00 $263.93 $0.00 $263.93 $0.00 $1,055.72 H -VO DETENT VALVE 1.5" NH X 1.5" NH, NO ( ❑ 2.00 $270.14 $0.00 $270.14 $0.00 $540.28 ME2TO-354 METRO 2 TIP 1.5"FEMALE, 250GPM @ 51 ❑ 1.00 $453.33 $0.00 $453.33 $0.00 $453.33 H-2VO DETENT VALVE 2.5" NH X 1.5" NH ❑ 3.00 $310.50 $0.00 $310.50 $0.00 $931.50 FSS10 STRAIGHT TIP, 1-1/8" El 2.00 $68.31 $0.00 $68.31 $0.00 $136.62 FS-3STACK _L STACKED TIPS 1.5" INLET, 1-1/4, 1-1/8", a ❑ 1.00 $108.68 $0.00 $108.68 $0.00 $108.68 H-2VPP PLAYPIPE WNALVE 2.5" NH F X 1.5" NI ❑ 1.00 $574.43 $0.00 $57§0" $0.00 $574.43 FLT8 FIREAXE, FLAT HEAD, 8#, 32" FBG ❑ 1.00 $252.99 $0.00 $252.99 $0.00 $252.99 PHA FIREAXE, PICK HEAD, 6#, 32" FBG ❑ 1.00 $241.49 $0.00 $241.49 $0.00 $241.49 LS -PIG -32-B AXE, THE PIG, 32", 8#, BLACK ❑ 1.00 $195.50 $0.00 $195.50 $0.00 $195.50 PB -30 FHU Pro -Bar 30" Halligan ❑ 1.00 $201.25 $0.00 $201.25 $0.00 $201.25 36124 PIKE POLE, 4 W/ D HANDLE ❑ 1.00 $74.59 $0.00 $74.59 $0.00 $74.59 RH-6 FHU, NY Roof Hook 6, Fiberglass, Chisel E ❑ 2.00 $103.50 $0.00 $103.50 $0.00 $207.00 APH-8 ALL PURPOSE HOOK W/ GAS, 8 ❑ 1.00 $105.80 $0.00 $105.80 $0.00 $105.80 APH-12 ALL PURPOSE HOOK, 12, FHU, GAS SHL ❑ 1.00 $147.20 $0.00 $147.20 $0.00 $147.20 SLO-8-24HM Sledge Hammer, Orange Fiberglass ❑ 1.00 $49.45 $0.00 $49.45 $0.00 $49.45 35577 CEILING/WALL HOOK W/ D HANDLE ❑ 1.00 $101.65 $0.00 $101.65 $0.00 $101.65 36565 6 Rubbish/Roof Ventilation Pole,Butt grip ❑ 1.00 $62.94 $0.00 $62.94 $0.00 $62.94 36554 TRASH HOOK, 4 W/ D HANDLE ❑ 1.00 $86.14 $0.00 $86.14 $0.00 $86.14 Parts Total: $107,899.87 Discount Total: $0.00 Core Total: $0.00 Ext Price: $109,399.87 Freight Total: $1,500.00 Sales Tax: $0.00 Sublet Total: $0.00 Total: $109,399.87 Labor Total: S ep TIRA$0.00 Other Charges: $ . 0 A ount D W9,A918 Shop Supplies: $0.00 Amt Tendered: $0.00 Sub Total: $109,399.87 Chg Returned: $0.00 As our customer, you $152.63 just saved: DISCLAIMER OF WARRANTIES - Any warranties on the products sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. NO RETURNS ON ELECTRICAL ITEMS. NO RETURNS WITHOUT SALES RECEIPT. RESTOCKING CHARGE OF 20% ON NON -STOCK ITEMS! Printed On: 3/18/2020 10:25:47AM Page 3 of 7 Siddons-Martin Emergency Group 3500 Shelby Lane Denton TX USA 76207 Phone #:(9401382-9600 NNC� Fax #: (940) 382-9605 Remit To: PO Box 679827 Dallas, TX 75267-9827 Denton, City of 215 E. McKinney Street Denton TX 76201-4299 Ntimate Number: 14001229 II I I I I II III I I I I III II Ticket Date: 11/17/2019 Cashed Out Date: Parts Employee: (AODE) John Morris PARTS - ESTIMATE 1003013 Work: (940) 349-7100 Ship To: PO #: BUYBOARD # 571-18 72199 Nupla Scoop Shovel ❑ 1.00 $35.44 $0.00 $35.44 $0.00 $35.44 69148 Classic SP Shovel, #2, 48" handle ❑ 1.00 $31.03 $0.00 $31.03 $0.00' $31.03 69048 Classic RP Shovel, #2, 48" handle ❑ 1.00 $31.03 $0.00 $31.03 $0.00 $31.03 32955DLX BIG EASY DELUXE KIT LOCK OUT ❑ 1.00 $86.25 $0.00 $86.25 $� $86.25 REXT REX TOOL ❑ 1.00 $149.50 $0.00 $149.50 $0.00 $149.50 10030 31b Power Drive, C grip ❑ 1.00 $31.42 $0.00 $31.42 $0.00 ' $31.42 EKS-12 ELEVATOR KEYS ❑ 1.00 $178.25 $0.00 $178.25 $0.00 $178.25 JHOOK J HOOK 0 ❑ 1.00 $28.75 $0.00 $28.75 $0.00 $28.75 TS420 ROTORY SAW ❑ 1.00$1,190.24 $0.00 $1,190.24 $0.00 $1,190.24 166692 MK Diamond Fire Tiger Blades 14" ❑ 2.00 $420.37 $0.00 $420.37 $0.00 $840.74 TMB14 Maxiblade 30 Tooth Carbide Tipped Blade, 1 ❑ 1.00 $112.70 $0.00 $112.70 $0.00 $112.70 343-UTIL-1 SAW BLADE CARRY BAG SMALL 1.00 $60.941 $0.00 $60.94' $0.00= $60.94 MS362-RC-M-20 STIHL MS362RES-CM ❑ 1.00 $817.65 $0.00 $817.65 $0.00 $817.65 W -BT -EC Barricade Tape, 3 in.x 1000 ft., 3 Mil. ❑ 2.00 $11.49 $0.00 $11.49 $0.00 T $22.98 W -CCSB Dicke Tools: Collapsible Cone Kit, 28", 5 C( ❑ 1.00 $162.94 $0.00 $162.94 $0.00 $162.94 12017 Little Giant Ladder, Revolution, M17 ❑ 1.00 $280.60 $0.00 $280.60 $0.00 $280.60 HTV -12X18 -10-R SALVAGE COVER, 12X18, 1OOZ, RED ❑ 1.00 $102.47 $0.00 $102.47 $0.00 $102.47 RBG-RC010 RIT CACHE TARP ❑ 1.00 $195.49 $0.00 $195.49 $0.00 $195.49 BH -20 BLOW HARD FAN ❑ 1.00$4,542.50 $0.00 $4,542.50 $0.00 $4,542.50 AX331 EXTINGUISHER, 15 lb CO2 w/ Wall Hange ❑ 1.00 $306.64 $0.00 $306.64 $0.00 $306.64 ANS430847 Ansul Water Extinguisher, W02-1 ❑ 1.00 $172.50 $0.00 $172.50 $0.00 $172.50 AX411 Amerex 20 lb ABC w/ Wall Hanger - 1OA: 12 ❑ 1.00 $114.43 $0.00 $114.43 $0.00 $114.43 14160 1 gal. Type I Safety Can ❑ 1.00 $75.30 $0.00 $75.30 $0.00 $75.30 EU20001 HONDA GENERATOR, 2000W ❑ 1.00$1,263.85 $0.00 $1,263.85 $0.00 $1,263.85 Parts Total: $107,899.87 Discount Total: $0.00 Core Total: $0.00 Ext Price: $109,399.87 Freight Total: $1,500.00 Sales Tax: $0.00 Sublet Total: $0.00 Total: $109,399.87 Labor Total: C epi$0.00 Other Charges: /-11$N0 0 J A ount D W9,A918 Shop Supplies: $0.00 Amt Tendered: $0.00 Sub Total: $109,399.87 Chg Returned: $0.00 As our customer, you $152.63 just saved: DISCLAIMER OF WARRANTIES - Any warranties on the products sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. NO RETURNS ON ELECTRICAL ITEMS. NO RETURNS WITHOUT SALES RECEIPT. RESTOCKING CHARGE OF 20% ON NON -STOCK ITEMS! Printed On: 3/18/2020 10:25:47AM Page 4 of 7 Siddons-Martin Emergency Group 3500 Shelby Lane Denton TX USA 76207 Phone #:(9401382-9600 NNC� Fax #: (940) 382-9605 Remit To: PO Box 679827 Dallas, TX 75267-9827 Denton, City of 215 E. McKinney Street Denton TX 76201-4299 Ntimate Number: 14001229 II I I I I II III I I I I III II Ticket Date: 11/17/2019 Cashed Out Date: Parts Employee: (AODE) John Morris PARTS - ESTIMATE 1003013 Work: (940) 349-7100 Ship To: PO #: BUYBOARD # 571-18 ECRP-IO-ELSS-XLAC 10" Live Cord Reel with SceneStar 20,000L ❑ 1.00$1,489.02 $0.00 $1,489.02 $0.00 $1,489.02 FSSV FIRE SPRINKLER STOP VALVE _d� 4.00 $23.00 $0.00 $23.00 $0.00 $92.00 2002 1-50 SCBA IDENTIFIERS (FRONT) "???" C ❑ 4.00 $17.83 $0.00 $17.83 $0.00 $71.32 2001 1-50 SCBA IDENTIFIERS (BACK) "???" G: ❑ 4.00 $17.83 $0.00 $17.83 $0.00' $71.32 NXTBUNDLE NXT Thermal Imager w/ XTTRUCKMOUN' ❑ 1.00$9,039.92 $0.00 $9,039.92 $0.00 $9,039.92 AC-HOTSTICK-1X AC HOTSTICK 7 1.00 $270.25 $0.00 $270.25 $0.00 $270.25 RAEGOI-0101000 MONITOR TOXIRAE 3 CO ❑ 1.00 $235.75 $0.00 $235.75 $0.00 $235.75 RAEM020-11111111 MONITOR QRAE3 PUMPED 4 GAS NON- ❑ 1.00 $914.25 $0.00 $914.25 $0.00 $914.25 SNS906-000-008 MONITOR SENSIT HXG 2D PPM %LEL ❑ 1.00 $537.05 $0.00 $537.05 $0.00 $537.05 ESL -24-D M28 Volt 24, Spreader, 4 Batteries, 2 Charge ❑ 1.0011,086.00 $0.00 $11,086.00 $0.00 $11,086.00 ESLC-29-D M28 Volt 7-3/8 Inch Cutter,4 batteries, 2 Ch1 ❑ 1.0010,355.75 $0.00 $10,355.75 $0.00 $10,355.75 ETLS-40 ' Storm Series 28v 40" Telescoping Ram ❑ 1.00$8,285.75 $0.00 $8,285.75 $0.00 $8,285.75 598311075 3/8" Water Rescue Throw Bag, 75 ❑ 4.00 $75.15 $0.00 $75.15 $0.00 $300.60 430302 _ Rope Bag #3 Royal Blue wr ❑ 1.00 $101.20 $0.00 $101.20 $0.00 $101.20 809844 RT Gear Pack ❑ 1.00 $144.90 $0.00 $144.90 $0.00 $144.90 808326 Usar Tech Rope and Equipment Bag ❑ 1.00 $326.60 $0.00 $326.60 $0.00 $326.60 7945RY V WEBBING, BLUE, 150 ❑ 1.00 $64.69 $0.00 $64.69 $0.00 $64.69 79450R 1" WEBBING, ORANGE, 150 JL❑ 1.00 $64.69 $0.00 $64.69 $0.00 $64.69 7945RD 1" WEBBING, RED, 150 ❑ 1.00 $64.69 $0.00 $64.69 $0.00 $64.69 7945YE 1" WEBBING, YELLOW, 150 1.00 $64.69 $0.00 $64.69 $0.00 $64.69 202164 ProSeries Confined Space Rescue Harness, rc ❑ 1.00 $608.35 $0.00 $608.35 $0.00 $608.35 202165 HARNESS, CSR, X-LRG, CMC PROSERIE ❑ 1.00 $648.74 $0.00 $648.74 $0.00 $648.74 6124184 ROPE GUARD, Medium 18 inch Color Red ❑ 2.00 $18.98 $0.00 $18.98 $0.00 $37.96 300441 CMC Rescue Pulley Single 2 1/4 inch X 1/21 ❑ 1.00 $123.12 $0.00 $123.12 $0.00 $123.12 Parts Total: $107,899.87 Discount Total: $0.00 Core Total: $0.00 Ext Price: $109,399.87 Freight Total: $1,500.00 Sales Tax: $0.00 Sublet Total: $0.00 Total: $109,399.87 Labor Total: C epi$0.00 Other Charges: /-11$N0 0 J A ount D W9,A918 Shop Supplies: $0.00 Amt Tendered: $0.00 Sub Total: $109,399.87 Chg Returned: $0.00 As our customer, you $152.63 just saved: DISCLAIMER OF WARRANTIES - Any warranties on the products sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. NO RETURNS ON ELECTRICAL ITEMS. NO RETURNS WITHOUT SALES RECEIPT. RESTOCKING CHARGE OF 20% ON NON -STOCK ITEMS! Printed On: 3/18/2020 10:25:47AM Page 5 of 7 Siddons-Martin Emergency Group 3500 Shelby Lane Denton TX USA 76207 Phone #:(9401382-9600 NNC� Fax #: (940) 382-9605 Remit To: PO Box 679827 Dallas, TX 75267-9827 Denton, City of 215 E. McKinney Street Denton TX 76201-4299 Ntimate Number: 14001229 II I I I I II III I I I I III II Ticket Date: 11/17/2019 Cashed Out Date: Parts Employee: (AODE) John Morris PARTS - ESTIMATE 1003013 Work: (940) 349-7100 Ship To: PO #: BUYBOARD # 571-18 300442 CMC 2.5" DOUBLE PULLEY ❑ 1.00 $170.48 $0.00 $170.48 $0.00 $170.48 201106 CMC ProSeries Pick Off Strap ❑ 1.00 $53.66 $0.00 $53.66 $0.00 $53.66 300650 ANCHOR PLATE, BLACK ❑ 1.00 $58.94 $0.00 $58.94 $0.00 $58.94 300701 AW CMC Rescue Swivel - NFPA G ❑ 1.00 $107.02 $0.00 $107.02 $0.00 $107.02 300850 RESCUE 8, STEEL ❑ 2.00 $94.30 $0.00 $94.30 $0.00 $188.60 201024 CMC ProSeries 7 Anchor Strap - NFPA ❑ 1.00 $55.60 $0.00 $55.60 $0.00 'F $55.60 300120 CMC Rescue Steel Locking D Carabiner (Go ❑ 8.00 $46.68 $0.00 $46.68 $0.00 $373.44 371290 CMC NFPA Extra Large Steel Rescue Carabi ❑ 1.00 $39.78 $0.00 $39.78 $0.00 $39.78 300890 Bar Rack 0 1.00 $171.35 $0.00 $171.35 $0.00 $171.35 350342 _ PFD Ranger, YELLOW ❑ 4.00 $175.95 $0.00 $175.95 $0.00 $703.80 42604.01.104 NRS Livery Helmet Yellow ❑ 4.00 $40.25 $0.00 $40.25 $0.00 $161.00 QM-CWH Ceiling and wall tool holder 01110W ❑ 1.00 $40.25 $10.13 $30.12 $0.00 $30.12 BCB BOLT CUTTER BRACKET 16"-36" ❑ 2.00 $91.45 $22.31 $69.14 $0.00 $138.28 1004-B HANDLELOK W/BLACK STRAP ❑ 30.00 $33.93 -T$0.00 $33.93 $0.00 $1,017.90 1009 TOOL HANGER ❑ 4.00 $32.78 $0.00 $32.78 $0.00 $131.12 1002 -HD -B FLEXMOUNT HD BLACK ❑ 1.00 $33.93 $0.00 $33.93 $0.00 $33.93 K5032 -B HALLIGAN TOOL MOUNT KIT, BLACK ❑ 1.00 $93.73 $0.00 $93.73 $0.00 $93.73 1003 -HD -Y PAC, HANDLOK, YEL ❑ 5.00 $27.03 $0.00 $27.03 $0.00 $135.15 1001 HOOKLOKS PAIR ❑ 15.00 $26.78 $0.00 $26.78 $0.00 $401.70 K5010 8-10# SLEDGEHAMMER POCKET KIT ❑ 2.00 $71.88 $0.00 $71.88 $0.00 $143.76 1011 FLATHEAD AXE HANGER / POCKET ❑ 1.00 $64.98 $0.00 $64.98 $0.00 $64.98 1012 PICKHEAD AXE HANGER / POCKET ❑ 1.00 $87.98 $0.00 $87.98 $0.00 $87.98 1019 UNIVERSAL HANGER ❑ 5.00 $17.83 $0.00 $17.83 $0.00 $89.15 MM2501-PO9 MOUNTING PLATE, MALE, 2.5" SILVAD ❑ 5.00 $25.32 $0.00 $25.32 $0.00 $126.60 Parts Total: $107,899.87 Discount Total: $0.00 Core Total: $0.00 Ext Price: $109,399.87 Freight Total: $1,500.00 Sales Tax: $0.00 Sublet Total: $0.00 Total: $109,399.87 Labor Total: C ep it $0.00 Other Charges: $ 0 J A ount Du . #9,99!8 Shop Supplies: $0.00 Amt Tendered: $0.00 Sub Total: $109,399.87 Chg Returned: $0.00 As our customer, you $207.38 just saved: DISCLAIMER OF WARRANTIES - Any warranties on the products sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. NO RETURNS ON ELECTRICAL ITEMS. NO RETURNS WITHOUT SALES RECEIPT. RESTOCKING CHARGE OF 20% ON NON -STOCK ITEMS! Printed On : 3/18/2020 10:25:48 AM Page 6 of 7 Siddons-Martin Emergency Group 3500 Shelby Lane Denton TX USA 76207 Phone #:(9401382-9600 NNC� Fax #: (940) 382-9605 Remit To: PO Box 679827 Dallas, TX 75267-9827 Denton, City of 215 E. McKinney Street Denton TX 76201-4299 Ntimate Number: 14001229 II I I I I II III I I I I III II Ticket Date: 11/17/2019 Cashed Out Date: Parts Employee: (AODE) John Morris PARTS - ESTIMATE 1003013 Work: (940) 349-7100 Ship To: PO #: BUYBOARD # 571-18 MM1501-PO9 MOUNTING PLATE, MALE, 1.5" SILVAD ❑ 5.00 $24.38 $0.00 $24.38 $0.00 $121.90 SMP -50 IL STORZ MOUNTING PLATE, 5" ❑ 3.00 $21.05 $0.00 $21.05 $0.00 $63.15 CH -312 WATER CAN HARNESS ❑ 1.00 $46.00 $0.00 $46.00 $0.00 $46.00 90503 Flashlight, Streamlight Survivor LED ❑ 4.00 $136.55 $0.00 $136.55 $0.00 $546.20 44315 Vulcan 180 Vehicle Mount System - Orange ❑ 1.00 $195.17 $0.00 $195.17 $0.00 $195.17 45670 Portable Scene Light - 120V AC/12V ❑ 1.00 $738.37 $0.00 $738.37 $0.00 $738.37 DS -PAN -111-2 Docking station: Panasonic Toughboo ❑ 1.00$1,028.61 $370.68 $657.93 $0.00 $657.93 MISC POLY ESTIMATE ❑ 1.00$4,500.00 $0.00 $4,500.00 $0.00 $4,500.00 FRT FREIGHT ❑ 1.00$1,500.00 $0.00 $1,500.00 $0.00 $1,500.00 Parts Total: $107,899.87 Discount Total: $0.00 Core Total: $0.00 Ext Price: $109,399.87 Freight Total: $1,500.00 Sales Tax: $0.00 Sublet Total: $0.00 Total: $109,399.87 Labor Total: ep Cit $0.00 Other Charges: $ 0 J -Aihount Duel 49,99!8 Shop Supplies: $0.00 Amt Tendered: $0.00 Sub Total: $109,399.87 Chg Returned: $0.00 As our customer, you $578.06 just saved: DISCLAIMER OF WARRANTIES - Any warranties on the products sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. NO RETURNS ON ELECTRICAL ITEMS. NO RETURNS WITHOUT SALES RECEIPT. RESTOCKING CHARGE OF 20% ON NON -STOCK ITEMS! Printed On : 3/18/2020 10:25:48 AM Page 7 of 7 UCC Business Organizations Trademarks Notary Account HeINFees Briefcase Logout BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITY Filing Number: �0l3c c47 Entity Type: Domestic Limited Liability Company (LLC) Original Date of Filing: Dezember 17, 2010 Entity Status: In existence Formation Date: `J'.A, Tax ID: 32`43323729 FEIN: Duration: Perpetuai Name: Siddons Martin Emergency Group, LLC Address: 1362 E RICHEY ROAD HOUSTON, TX 77073 USA NEGISIER�AGENT �� MUNG HISTORY NAMES MANAGEMENT l st Update Name Title cer u29,2010 Patdck F Siddons Manager a n6er20. 2910 Leon Martin Jr Manager Order Retum to Search ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A CONTRACT WITH SIDDONS-MARTIN EMERGENCY GROUP, LLC, THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK CONTRACT # 571-18, FOR THE PURCHASE OF ASSOCIATED EQUIPMENT FOR PIERCE VELOCITY TM PUMPER ENGINE FOR THE FIRE DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (FILE 7339 - AWARDED TO SIDDONS-MARTIN EMERGENCY GROUP, LLC, IN THE AMOUNT OF $109,399.87). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton, and WHEREAS, the City Manager, or a designated employee, has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the "File Number" referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 7339 Siddons-Martin Emergency Group, LLC $109,399.87 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities, and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager, or his designated representative, is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or his designee. SECTION 5. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by , the ordinance was passed and approved by the following vote F Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. 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 12020. CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: ,rLCi 2r/� City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiiwlim� www.cityofdenton.com DENTON Legislation Text File #: ID 20-868, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, rejecting any and all competitive proposals under RFQ 7196 for professional services for the preparation of a Comprehensive Plan Evaluation Report and to update the Comprehensive Plan; and providing an effective date (RFQ 7196). City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton City Hall 11"'t"Woms,215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Procurement and Compliance CFO: Antonio Puente, Jr. DATE: May 5, 2020 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, rejecting any and all competitive proposals under RFQ 7196 for professional services for the preparation of a Comprehensive Plan Evaluation Report and to update the Comprehensive Plan; and providing an effective date (RFQ 7196). INFORMATIONBACKGROUND The purpose of Comprehensive Planning is to monitor and evaluate community characteristics related to development, provisions of services, environmental protection, and other governmental activities. The Comprehensive Plan sets goals, policies, and actions to manage growth, promote reinvestment, and improve the quality of life for Denton residents. The City of Denton solicited proposals for the update to the comprehensive plan. Requests for Qualifications was sent to 397 prospective suppliers of this service. Two (2) proposals meeting specifications were received. After reviewing the information, the Purchasing Department has decided to reject all proposals due to the project being put on hold. In accordance with the Local Government Code 252.043, the City Council may reject any and all bids. RECOMMENDATION Staff recommends rejection of all proposals for professional services for the preparation of a Comprehensive Plan Evaluation Report and to update the Comprehensive Plan. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Ron Menguita, 940-349-8328. Legal point of contact: Mack Reinwand at 940-349-8333. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, REJECTING ANY AND ALL COMPETITIVE PROPOSALS UNDER RFQ 7196 FOR PROFESSIONAL SERVICES FOR THE PREPARATION OF A COMPREHENSIVE PLAN EVALUATION REPORT AND TO UPDATE THE COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE (RFQ 7196). WHEREAS, the City has solicited, received, and tabulated competitive proposals for professional services for the preparation of a Comprehensive Plan Evaluation Report and to update the Comprehensive Plan in the City of Denton (RFQ 7196) in accordance with the procedures of State laws and City ordinances; and WHEREAS, the City staff recommends, and the City Council has determined, that it is in the best interest of the City that the herein described proposals should be rejected; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive proposals, as described in the "Request for Proposal", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the RFQ number assigned herein (for the preparation of a comprehensive plan evaluation report and to update the comprehensive plan) are hereby rejected: CONTRACTOR 7196 ACP/Greene + Associates, LLC dba Planning NEXT 7196 Matrix Design Group, Inc. SECTION 2. The City Manager, or his designee, is hereby authorized to execute all necessary documents for the rejection of said proposals. The City Manager, or his designee, is hereby authorized, in his discretion, to readvertise to receive competitive bids, or proceed otherwise, to procure goods and services described in RFQ 7196. SECTION 3. The City Council of the City of Denton, hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the RFQ 7196 to reject said bids to the City Manager, or his designee. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by ,the ordinance was passed and approved by the following vote - __J: Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse Davis, District 3: John. Ryan, District 4: Deb Arnnintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of 2020. CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY Im APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: 'X'1" G 41L'- 1itv City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 20-869, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or his designee, to utilize a contract through the City of Arlington, for the Airfield Vegetation Management Program at Denton Enterprise Airport, as awarded by the City of Arlington IFB #20-0032; providing for the expenditure of funds therefor; and providing an effective date (File 7333 - awarded to Nexus Solutions USA, Inc. in the not -to -exceed amount of $130,000). City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton City Hall 1%,10000,215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: May 5, 2020 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or his designee, to utilize a contract through the City of Arlington, for the Airfield Vegetation Management Program at Denton Enterprise Airport, as awarded by the City of Arlington IFB #20-0032; providing for the expenditure of funds therefor; and providing an effective date (File 7333 — awarded to Nexus Solutions USA, Inc. in the not -to -exceed amount of $130,000). INFORMATION/BACKGROUND The City of Denton has utilized the services of Nexus Solutions USA, Inc. since March 28, 2019. Denton Enterprise Airport selected the vendor through a competitive bid process. The vendor was chosen based on price and the Vegetation Management Plan offered. The Airfield Vegetation Management Program helps reduce the hazardous wildlife populations, reduces mowing cycles performed on airfield property, and promotes flight safety through advanced herbicide prescriptions applied at the appropriate time. The Airfield Vegetation Management Program services for the Denton Enterprise Airport will include one (1) standard spray application of recommended chemicals to 150 acres, three (3) times a year for the first year and 250 acres for the remaining contract term. The additional 100 acres are currently being treated through grazing and hay bailing services that will not be utilized next fiscal year. On March 1, 2020, the City of Arlington awarded a contract to Nexus Solutions USA, Inc., through a competitive Invitation For Bid process, and is effective through February 28, 2023. Nexus Solutions' pricing of $65/acre application under this competitive bid is the same from when the City of Denton originally procured the services in 2019. Staff recommends utilizing Arlington's contract for the purchase of this service. Therefore, the staff is recommending approval of a contract coinciding with the expiration date of February 28, 2023, with the City of Arlington. Pricing obtained through the City of Arlington has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 19, 2013, Council approved the interlocal agreement with the City of Arlington (Ordinance 2013- 158). RECOMMENDATION Award a contract with Nexus Solutions USA, Inc., for the Airfield Vegetation Management Program at Denton Enterprise Airport, in a not -to -exceed amount of $130,000. PRINCIPAL PLACE OF BUSINESS Nexus Solutions USA, Inc. Galivants Ferry, SC ESTIMATED SCHEDULE OF PROJECT This contract will expire between the City of Arlington and Nexus Solutions USA, Inc. on February 28, 2023. FISCAL INFORMATION These services will be funded from Airport CIP RAMP Grant Account 340101.6506. The budgeted amount for this item is $130,000. The City will only pay for services rendered and is not obligated to pay full contract amount unless needed. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Sheet Exhibit 3: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Scott Gray, 940-349-7744. Legal point of contact: Mack Reinwand at 940-349-8333. BID PRICE SCHEDULE FOR 20-0032 ARLINGTON L- v In accordance with the terms, conditions, and scope of goods or services set forth herein, the Bidder hereby submits the aforementioned prices listed. Company Name: Review of the created Airfield Vegetation Management Signature: Delivery (days) after ARO: j0das Product shipping from: -Tdxks Wig Above Prices are F.O.B. DELIVERED Terms: NET 30 Program (AVMP) and one standard application of recommended chemicals to 160 acres (Unit Price). The 3/Year JA�i'��' annual contract will include 3 standard applications per year. Single application of additional target chemicals to 1 acre, incorporated into the standard application, ars may 1 1 Acre ?,O° 2.0— as>6t? be recommended. Single application of year-round fire ant control to 1 acre, incorporated into the standard application. 1 1 Acrel �° �'� 3:` ` Single application of 50/50 mix of hulled and un -hulled y 1 1 Acre Bermuda grass seed to 1 acre. YEAR 1 TOTAL $ i lyO..a" 10 Svm crit \w\" 1-4 YEAR 2 TOTAL $ -3 ov ,rrtS YEAR 3 TOTAL $ '3 $ Sim IineS ,S>tj 3 -YEAR GRAND TOTAL Company Name: ebCv u v o�5 UsA yaw_,, Signature: L- v In accordance with the terms, conditions, and scope of goods or services set forth herein, the Bidder hereby submits the aforementioned prices listed. Company Name: Augs Sokjjon5 VSA :Zoe, Signature: Delivery (days) after ARO: j0das Product shipping from: -Tdxks Wig Above Prices are F.O.B. DELIVERED Terms: NET 30 1 Pricing: FIRM Reference Number: Return By. 5, 22L=.p Page 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO UTILIZE A CONTRACT THROUGH THE CITY OF ARLINGTON, FOR THE AIRFIELD VEGETATION MANAGEMENT PROGRAM AT DENTON ENTERPRISE AIRPORT, AS AWARDED BY THE CITY OF ARLINGTON IFB #20-0032; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7333 — AWARDED TO NEXUS SOLUTIONS USA, INC. IN THE NOT -TO -EXCEED AMOUNT OF $130,000). WHEREAS, pursuant to Ordinance 2013-158, the City of Arlington has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager, or a designated employee, has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the City of Arlington IFB #20-0032 at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the "File Number" referenced herein and on file in the office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 7333 Nexus Solutions USA, Inc. $130,000 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the City of Arlington IFB #20-0032 for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the City of Arlington Bid #20-0032 and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the City of Arlington, the City Manager, or his designated representative, is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in. the Proposal submitted to the City of Arlington, and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or his designee. SECTION 5. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by , the ordinance was passed and approved by the following vote - 1: Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District Z: 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 dap of 12020. CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: J4 -74l4,7. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 20-870, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Agreement with the University of North Texas, under the Government Code, Chapter 791.001, to authorize City of Denton contracts for the purchase of gymnasium rental space for the Parks and Recreation Department; authorizing the expenditure of funds therefor; and declaring an effective date (File 7337 - award an Interlocal Cooperative Purchasing Agreement with the University Of North Texas, for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $225,000). City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton � City Hall 215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: May 5, 2020 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Agreement with the University of North Texas, under the Government Code, Chapter 791.001, to authorize City of Denton contracts for the purchase of gymnasium rental space for the Parks and Recreation Department; authorizing the expenditure of funds therefor; and declaring an effective date (File 7337 — award an Interlocal Cooperative Purchasing Agreement with the University Of North Texas, for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $225,000). INFORMATION/BACKGROUND Due to the lack of space in City owned facilities and for the continued growth in indoor youth leagues, the Parks & Recreation Department (PARD) has been using the indoor gymnasiums, Physical Education Building (PEB) & the Bahnsen Gym at the University of North Texas (UNT) since 2011. Six courts in two gymnasiums are used throughout the year for PARD's youth athletic leagues and tournaments. Youth basketball, youth futsal, and primarily youth volleyball are the athletic leagues currently using the facilities. In addition, PARD hosts Texas Amateur Athletic Federation (TAAF) Regional & State tournaments for volleyball, basketball, and pickleball at the facilities. These tournaments bring people to Denton from DFW and across the state. The estimated cost of the contract over a five (5) year period is based on programs and events occurring in the spring, summer, and fall season. During the 2018-2019 season's there were roughly 2,600 participants that played at the UNT facilities. Depending on scope of program participation during the fall season, the amount due will not exceed $10,000, during the spring season the amount due will not exceed $15,000, and during the summer season the amount due will not exceed $20,000. This agreement is mutually beneficial for both the City and UNT. Participation by the UNT Recreation, Event, and Sports Management (RESM) students assists in developing future professionals by providing them with various league management and customer service experience. Students gain this experience by volunteering, observing, and collecting data from patrons on site. The UNT students also help the City sports teams by providing them with drills during practice to further develop skills. Additionally, results from surveys conducted by the students are shared with City staff and can be used for program evaluation. Lastly, with this Cooperation Agreement the City receives a lower rate by 50% to use the facility and provides exclusive access, meaning programming cannot be bumped by another event/activity. Participants in our programs enjoy practicing and playing at the UNT courts. Through TAAF, the City of Denton has the largest youth recreation volleyball program in the state. The partnership with UNT allows PARD to accommodate the larger registration numbers and host programs and tournaments at a regional and state level. Section 791 of the Government Code requires that all Cooperative Agreements must be authorized by the governing body, regardless of the dollar amount. RECOMMENDATION Award a contract with the University of North Texas, for the purchase of gymnasium rental space for the Parks and Recreation Department, in a one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $225,000. PRINCIPAL PLACE OF BUSINESS University of North Texas Denton, TX ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for four (4) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION These services will be funded from Parks and Recreation account 411170.7922. Requisitions will be entered on an as -needed basis. The budgeted amount for this item is $225,000. The City will only pay for services rendered and is not obligated to pay the full contract amount unless needed. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Chris Escoto, 940-349-8523. Legal point of contact: Mack Reinwand at 940-349-8333. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE UNIVERSITY OF NORTH TEXAS, UNDER THE GOVERNMENT CODE, CHAPTER 791.001, TO AUTHORIZE CITY OF DENTON CONTRACTS FOR THE PURCHASE OF GYMNASIUM RENTAL SPACE FOR THE PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 7337 — AWARD AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE UNIVERSITY OF NORTH TEXAS, FOR ONE (1) YEAR, WITH THE OPTION FOR FOUR (4) ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE TOTAL FIVE (5) YEAR NOT -TO -EXCEED AMOUNT OF $225,000). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute the Interlocal Cooperative Purchasing Agreement with the University of North Texas under Section 791.001 of the Texas Government Code, a copy of which is attached hereto and incorporated by reference herein (the "Agreement''). SECTION 2. The City Manager, or his designee, is authorized to expend funds pw'suant to the Agreement for the purchase of various goods and services. SECTION 3. The City Council of the City of Denton hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or his designee. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by seconded by following vote - 1: Aye Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Annintor, At Large Place 5: Paul Meltzer, At Large Place 6: �J the ordinance was passed and approved by the Nay Abstain Absent PASSED AND APPROVED this the day of 12020, CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY Im APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: k c. L tkldw DocuSign Envelope ID: 392FEBC2-FCB1-486C-83DF-72DE173BD043 I CITY OF DENTON Docusign City Council Transmittal Coversheet IA 7337 File Name UNT/City of Denton Interlocal Cooperation Agreement Purchasing Contact Erica Garcia City Council Target Date Piggy Back Option Not Applicable Contract Expiration Ordinance DocuSign Envelope ID: 392FEBC2-FCB1-486C-83DF-72DE173BD043 UNT-PROVIDED/INCOMING INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the University of North Texas, a public higher educational institution of the State of Texas, located at 1155 Union Circle #305250, Denton, Texas 76203-5017 ("University") and the City of Denton, a Texas home -rule municipal corporation herein ("City").This Agreement is entered into pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code which allows local governments to contract with one or more units of local government to perform governmental functions and services. In consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Scope of Work. University will perform the services set forth in Exhibit A, Services, attached hereto and incorporated by reference herein ("Services"). City understands and agrees that, consistent with the University's educational and research mission, the University will have the discretion to involve university students in the performance of theservices. 2. Duties of University. University will provide to City the deliverables set forth in Exhibit A, incorporated by reference herein. 3. Cost. As consideration for University's performance of the Services, the City will pay University the costs set forth in Exhibit A, incorporated by reference herein. The parties agree said amount does not exceed cost recovery. 4. Payment. 4_1 Schedule. The City shall pay University the compensation on the dates or milestones set forth in Exhibit A, incorporated by reference herein. 4_2 Remittance. Checks are to be made payable to the University of North Texas and sent to the address set forth in Exhibit A. 4_3 Current Revenues. Pursuant to Chapter 791, the parties acknowledge and agree any payments from the City to the University for services performed under this Agreement must be made from current revenues available to the City. 4_4 Fair Compensation. The parties agree the payment amount set forth in Exhibit A constitutes fair compensation for the services to be performed under this Agreement. 4_5 Availability of Funding. The University acknowledges and agrees that the awarding or continuation of this Agreement is dependent upon the availability of funding. The City's obligations rely solely on funds being appropriated and available. The absence of appropriated or other lawfully available funds shall render the Agreement null and void to the extent funds are not appropriated or available. 5. Term of Agreement. This Agreement will begin and end on the dates set forth in Exhibit A. 6. University Contact. All inquiries and notices with respect to this Agreement shall be sent to the University contact whose name and related information are set forth in Exhibit A. 7. Duties of City. The City shall provide to University those items listed in Exhibit A, if any, in a timely and secure manner so as to allow University to perform its work. The parties agree to comply with any and all applicable laws, rules, regulations and policies. 8. Termination. Either party may terminate the Agreement upon thirty (30) days' written notice. If the City terminates this Agreement, the City will pay University for all costs and any non- cancelable obligations incurred up to the effective date of termination. 9. Insurance and Liability. Except as provided in Section 10 below, each party hereto agrees to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the full extent by law. Each party agrees to maintain reasonable coverage for such liabilities either through commercial insurance or a reasonable self-insurance UNT-PROVIDED/INCOMING SERVICE AGREEMENT mechanism, and the nature of such insurance coverage or self- insurance mechanism will be reasonably provided to the other party upon request. 10. Limitation of Liability. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR COSTS, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT. THE PARTIES FURTHER UNDERSTAND AND AGREE THAT THE UNIVERSITY IS AN AGENCY OF THE STATE OF TEXAS AND, AS SUCH, IS PROTECTED BY SOVEREIGN IMMUNITY UNDER THE LAWS OF THE STATE OF TEXAS AND ITS CONSTITUTION _THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THE AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY THE CITY OF DENTON OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT THE CITY OF DENTON MAY HAVE BY OPERATION OF LAW.. 11. City's Ownership of Deliverables. The City will own the deliverables upon payment in full of the cost of the Services. University's rights and interest in any intellectual property, including rights to patents and copyright that may result from Services shall be limited to any laboratory methodologies or techniques developed or used in the performance of the Services and any data from experiments or tests using non-proprietary materials (controls or generic materials orsamples). 12. Use of University's Name. City will not include the name of University or any of its employees in any advertising, sales promotion or other publicity matter without the University's prior written approval. University does not endorse any product or service. Reports provided by University under this Services Agreement may be published by City. However, the published data or report shall include the following statement: "This information was provided under a University of North Texas Interlocal Cooperation Agreement and is not intended to endorse or recommend any product or service." University will not include the name of City or any of its employees in any advertising, sales promotion or other publicity matter without prior written approval of same. 13. Evaluation of Samples and/or Materials. University agrees not to evaluate, reverse engineer, analyze, or otherwise attempt to identify City's proprietary samples and/or materials, and not to use such samples and/or materials other than in the performance of the Services, without the express written consent of City. All unused portions of City's samples and/or materials shall be returned to City at the completion of the Services. 14. Excusable Delay. In the event of a delay caused by inclement weather, fire, flood, strike, or other labor dispute, acts of God, acts of Government officials or agencies, or any other cause beyond the control of either Party, the impacted Party or Parties performance is excused hereunder for the periods of time attributable to such a delay, which may extend beyond the time lost due to one or more of the causes mentioned above. Page 1 of 4 {000157} DocuSign Envelope ID: 392FEBC2-FCB1-486C-83DF-72DE173BD043 15. 16. 17. 18. 0 20. 041 22. Non -Interference. University agrees to make available necessary laboratory facilities, equipment, and support personnel for these services. The scheduling of such services shall be arranged to avoid conflict with the University's educational and research programs. The University shall control the scheduling of such tests and will take reasonable efforts to meet the convenience of the City. Non -Exclusive Nature of Services. The Services herein are being offered to City on a non-exclusive basis. Nothing herein shall be construed as granting City any exclusive right(s) to the Service(s) referenced herein, and University retains the right to offer and perform similar or identical Services for others. Notice. Any notice or communication required by this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, or sent by overnight courier service with written verification of receipt, or U.S. Postal Service, Certified Mail, Return Receipt Requested, postage prepaid, confirmed facsimile transmission, or confirmed email. Notices to LINT shall be directed to the University Contact as specified in Exhibit A. Notices to City shall be directed to the City Contact as specified in Exhibit A. Status of Parties. This Agreement is not intended to create, nor shall it be construed to be, a joint venture, association, partnership, franchise, or other form of business relationship. Neither party shall have, nor hold itself out as having, any right, power, or authority to assume, create, or incur any expenses, liability, or obligation on behalf of the other party, except as expressly provided herein. Third -Party Beneficiary. There are no intended third -party beneficiaries to this Agreement Severability. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, such provision shall be treated as severable, leaving the remaining provisions unimpaired, provided that such does not materially prejudice either party in their respective rights and obligations contained in the valid terms, covenants, orconditions. Non -Waiver. The failure of either party to require the performance of any of the terms of this Agreement or the waiver by either party of any default under this Agreement shall not prevent a subsequent enforcement of such term, nor be deemed a waiver of any subsequent breach. Modification of Agreement. This Agreement shall be changed only by written agreement of the parties. Applicable Law. This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions. All issues arising from this Agreement shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. 23. Signatures, Counterparts and Copies. This Agreement may be executed in counterparts, all of which, when taken together, shall constitute one contract with the same force and effect as if all signatures had been entered on one document. Signatures maybe made electronically, and such electronic signatures shall be valid and binding upon the parties making them, and shall serve in all respects as original signatures. Signatures may be delivered among and between the parties by facsimile or electronic means. Thereafter, the parties further agree that electronic copies of this Agreement may be used for any and all purposes for which the original may have been used. 24. Headings and Captions. Headings and captions in this Agreement are to facilitate reference only, do not form a part of this Agreement, and shall not in any way affect the interpretation hereof. 25. Authority. Both parties represent that each has the full authority to perform its obligations under this Agreement and that the person executing this Agreement has the authority to bind it. 26. Survival. Provisions of this Agreement, which by their express terms, or by necessary implication, apply for a period of time other than specified herein, shall be given effect, notwithstanding termination or expiration. 27. Export Control. No ITAR or export controlled materials shall be delivered to University pursuant to this agreement. 28. Entire Agreement. This Agreement, including Exhibit A which terms and conditions are made a part hereof, sets forth the entire agreement of the parties with respect to the subject matter herein and supersedes any prior agreements, oral and written, and all other communications between the parties with respect to such subject matter. Any terms and conditions contained in the City's purchase order or separate scope of work or similar document shall have no force and effect. Any changes oradditions to Sections 1-31, inclusive of this Agreement are invalid, unless approved in written agreement by the parties in accordance with Section 23 herein IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. THE UNIVERSITY OF NORTH TEXAS DcuSigned by: E10�4w" By. SC500A6528F84D8... Name: micnaei Konaerii Title: Associate Vice President, Research Commercial Agreements Date: 3/12/2020 City of Denton: By: Name: Todd Hileman Title: City Manager Date: ATTEST: APPROVED AS TO LEGAL FORM: LINT Faculty/Project Director: Although not a party to this ROSA RIOS, CITY SECRETARY AAROL LEAL, CITY ATTORNEY Agreement, he/she is an employee of the University of North Texas, DocuSigned by: and, by signing, hereby agrees that he/she has read this Agreement and understands his/her obligations herein. E�7F9D328BF0204E5... -Al- PWA -J .AJ. DocuSigne/d'1by: By: 90$t h(�, Wt V THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED FBod@Fl h T. Walker as to financial and operational obligations and business terms Title: Principal Lecturer Date: 4/15/2020 DocuSigned by: Ga EG�L� Jry Packan Di rector Ix&frld��sz�icd�at Page 2 of 4 AcsAE9kS3ate Printed Name Title Department {000157) on DocuSign Envelope ID: 392FEBC2-FCB1-486C-83DF-72DE173BD043 EXHIBIT A SERVICES CITY: City of Denton Enter full legal name of the City: City of Denton (Denton Parks and Recreation) State of incorporation: Texas Principal place of business located at: 215 E. McKinney Street, Denton TX 76201 Attention: Chris Escoto (Operations and Billing) Telephone: 940-349-8523 Email: Chris.Escoto@cityofdenton.com 1. SCOPE OF WORK AND PURPOSE: The Services will be performed as setforth below or in accordance with the UNT-PROVI DED/I NCOM ING INTERLOCAL COOPERATION SERVICE AGREEMENT attached hereto and incorporated by reference herein. The City may issue a purchase order for each Service, however, any terms and conditions set forth on the purchase order are of no force and effect and only the terms and conditions set forth in this Agreement shall apply to the Services hereunder. Dr. Walker will schedule and monitor the delivery of the youth sport practices and youth sport games and tournament in the UNT Physical Education Building and Ken Bahnsen Gymnasium as requested by the City of Denton Athletics Supervisor. Dr. Walker will coordinate the observation of practice structure and delivery, game operations, and in -season and end of season voluntary visitor surveys that are provided by the Denton Parks and Recreation Athletics Supervisor. Dr. Walker will coordinate multiple attendee program interaction outreach efforts. Dr Walker will combine all assessment and survey data collected into an excel spreadsheet at the end of each of each seasons and for all individual tournaments. 2. DUTIES OF THE UNIVERSITY: • Coordination (scheduling, set-up, equipment management) of all practices and games in PEB Gym and Ken Bahnsen Gym • 3 unique program interaction outreach efforts (one each season) • Provide a data file of all scheduled general coaching strategies observations • Distribute, collect, and provide a data file of scheduled voluntary visitor program assessment surveys administrations to include customer satisfaction, program operation, economic impact, and program outcomes. • Expected gym use will be for the Bahnsen Gym Monday — Thursdays 5:30 p.m. to 8:30 p.m. and Bahnsen and PEB Gyms as requested for games and tournaments — typically 6 Saturdays and some Sundays 6 am to 9 pm) • Fall seasons will operate last week of August to first weekend of November • Spring Season will operate First week of March to first week of May + May Tournaments on Requested Weekends • Summer Season will operate between last week of May to last week of July • Access to gyms and parking for visitors at the scheduled times 3. COST: Total estimated cost for 1 year is $ 50,000. Any cost increase or decrease based on program need for more or less time use will be agreed to by both parties and determined prior to the delivery services and invoicing. City is required to provide proof of $1,000,000 of program liability insurance that covers all participants and spectators (that are considered participants) to all scheduled events. 4. PAYMENT 4.1. SCHEDULE $ No payment is due upon signing this Agreement. Up to $10,000 (depending on scope of program participation) in U.S. dollar amount is due at the end of the 2019 fall season. Up to $15,000 (depending on scope of program participation) in U.S. dollar amount is due at the end of the 2020 spring season. Up to $20,000 (depending on scope of program participation) in U.S. dollar amount is due at the end of the 2020 summer season. 4.1.1. Invoices will be submitted in accordance with the payment schedule. City agrees to reimburse University for the costs billed within thirty (30) days of receipt of invoice. Page 3 of 4 {000157) DocuSign Envelope ID: 392FEBC2-FCB1-486C-83DF-72DE173BD043 4.2. REMITTANCE: Checks are to be made payable to the University of North Texas and sentto: Glen Nakata Assistant Dean for Finance & Administration College of Education 1155 Union Circle #311337 Denton, TX 76203-5017 940-565-2949 Office 940-565-4415 Fax glen.nakata@unt.edu 5. TERM OF AGREEMENT: This Agreement will begin in March 1, 2020 and end September 30, 2020. The City of Denton has the option to extend this agreement annually in September of each year for a 1 Year extension for the following 4 years, with minor modification agreed to by both parties 6. DUTIES OF THE CITY: City of Denton Parks and Recreation staff members will coordinate with the LINT Kinesiology, Health Promotion, and Recreation (KHPR) Department faculty representative to ensure that necessary City staff are aware of and have received needed safety training specific to the scope of services and facilities that are scheduled for use. City of Denton staff agrees to provide on-site participant (player and spectator) first aid care to the extent staff deems appropriate and within their capacity. Denton will make reasonable efforts to provide staff needed to meet the expected attendance demand. 7. UNIVERSITY CONTACT: Glen Nakata Assistant Dean for Finance & Administration College of Education 1155 Union Circle #311337 Denton, TX 76203-5017 940-565-2949 Office 940-565-4415 Fax glen.nakata@unt.edu 8. CITY CONTACT: Gary Packan, CPRP Director of Parks and Recreation City of Denton Parks and Recreation Department 601 E Hickory Suite B Denton TX 76205 (940)349-7460 Packan, Gary R Gary.Packan@citvofdenton.com Todd Hileman City Manager City of Denton 215 E McKinney Street STE 100 Denton TX 76201 (940)349-8307 Todd.Hileman@citvofdenton.com Page 4 of 4 1000157} Certificate Of Completion Envelope Id: 392FEBC2FCB1486C83DF72DE173BDO43 Subject: Please DocuSign: Contract# 7337 UNT/City of Denton Interlocal Cooperation Agreement Source Envelope: Document Pages: 5 Signatures: 3 Certificate Pages: 6 Initials: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Status: Original 3/23/2020 9:54:43 AM Signer Events Erica Garcia erica.garcia@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Joseph Walker Joseph.Walker@unt.edu Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/15/2020 3:41:49 PM ID:4cd4a860-5776-4ae8-a5a9-d715d8e98d34 Holder: Erica Garcia erica.garcia@cityofdenton.com Signature Completed Using IP Address: 129.120.6.150 EiDS Signature Adoption: Pre -selected Style Using IP Address: 129.120.6.150 ED—Si,ned by: 7F9D328BF0204E5... Signature Adoption: Pre -selected Style Using IP Address: 76.186.77.161 EDII"Sil"Id by: bStp�, �AUcW FBO5051540DE4A9... Signature Adoption: Pre -selected Style Using IP Address: 47.186.195.154 Docu� � SECURE 6 Status: Sent Envelope Originator: Erica Garcia 901 B Texas Street Denton, TX 76209 erica.garcia@cityofdenton.com IP Address: 129.120.6.150 Location: DocuSign Timestamp Sent: 3/23/2020 10:22:58 AM Viewed: 3/23/2020 10:23:14 AM Signed: 3/23/2020 10:26:09 AM Sent: 3/23/2020 10:26:10 AM Viewed: 3/23/2020 10:59:51 AM Signed: 3/23/2020 11:00:04 AM Sent: 3/23/2020 11:00:05 AM Viewed: 3/25/2020 4:27:13 PM Signed: 3/25/2020 4:39:04 PM Sent: 3/25/2020 4:39:06 PM Viewed: 4/15/2020 3:41:49 PM Signed: 4/15/2020 3:42:13 PM Signer Events Signature Timestamp Gary Packan �DSigned by Sent: 4/15/2020 3:42:15 PM Gary.Packan@cityofdenton.com Viewed: 4/15/2020 8:18:34 PM Director of Parks and Recreation ncsnesF nazsans Signed: 4/15/2020 8:30:54 PM Parks and Recreation Signature Adoption: Drawn on Device Security Level: Email, Account Authentication (None) Using IP Address: 70.236.192.51 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 4/15/2020 8:18:34 PM ID: a59204de-b97c-454c-bf36-2f724c7c6c2c Cheyenne Defee Sent: 4/15/2020 8:30:56 PM cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd. 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McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 20-881, Version: 1 AGENDA CAPTION Consider adoption of an Ordinance of the City of Denton repealing and replacing Chapter 30, titled "Flood Prevention and Protection," of the Denton Code of Ordinances; providing a repealer clause; providing for penalties; providing for codification; providing a severability clause; and providing an effective date. City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton City Hall 11,1114TO215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/DCM/ACM: Mario Canizares DATE: May 5, 2020 SUBJECT Consider adoption of an Ordinance of the City of Denton repealing and replacing Chapter 30, titled "Flood Prevention and Protection," of the Denton Code of Ordinances; providing a repealer clause; providing for penalties; providing for codification; providing a severability clause; and providing an effective date. BACKGROUND The Department of Homeland Security's Federal Emergency Management Agency (FEMA) have issued new Flood Insurance Rate Maps (FIRM) and Flood Insurance Study (FIS) report for Denton County to become effective on June 19, 2020. It is necessary for the City of Denton to update Chapter 30 -Flood Prevention and Protection Ordinance to reflect the new FIRM effective date of June 19, 2020. This is a condition for the City of Denton to continue eligibility in the National Flood Insurance Program (NFIP). The update to the ordinance must be submitted to the state coordinationg agency and the City's Consultation Coodination Officer (CCO) at the Regional Office prior to June 19, 2020. Failure to amend the City's ordinance and submit it to the Regional Office for review and approval prior to June 19, 2020 will be suspended from participation in the NFIR PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) None RECOMMENDATION Staff recommends approval of the Ordinance. ESTIMATED SCHEDULE OF PROJECT FIRM and FIS effective June 19, 2020 FISCAL INFORMATION None EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance Exhibit 3: Chapter 30 -Flood Prevention and Protection Redline Changes Exhibit 4: FEMA letter to City of Denton dated December 19, 2019 Exhibit 5: FEMA letter to City of Denton dated March 16, 2020 Exhibit 6: Flood Damage Prevention Ordinance (FEMA Model Ordinance) Respectfully submitted: Todd Estes, P.E., 940-349-8917 City Engineer ORDINANCE NO. 2020 — AN ORDINANCE OF THE CITY OF DENTON REPEALING AND REPLACING CHAPTER 30, TITLED "FLOOD PREVENTION AND PROTECTION," OF THE DENTON CODE OF ORDINANCES; PROVIDING A REPEALER CLAUSE; PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") controls development that may impact special. flood hazards in Chapter 30, Flood Prevention and Protection, of the Denton Code of Ordinances ("Chapter 30") based on the countywide Flood Insurance Study ("FIS") report and Flood Insurance Rate Map ("FIRM"), dated August 18, 2011, and prepared by the Federal Emergency Management Agency ("FEMA"); and WHEREAS, on December 19, 2019, FEMA notified the City that the FIS report and the FIRM for Denton County were revised; and WHEREAS, FEMA requires that the City revise Chapter 30 to reflect the new FIRM effective date of June 19, 2019, as a condition of continued eligibility in the National Flood Insurance Program ("NFIP") within six months or by June 19, 2020; and WHEREAS, the City Council finds it is in the public interest to continue eligibility in the NFI and revise Chapter 30, as required -by FEM—A; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council finds that the recitals made in the preamble of this Ordinance are true and correct, and incorporates such recitals into the body of this ordinance as if copied in their entirety. SECTION 2. The City Council hereby repeats the existing Chapter 30 "Flood Prevention and Protection" of the Denton Code of Ordinances and replaces it in its entirety with the provisions in Exhibit "A," Chapter 30 "Flood Prevention and Protection," attached hereto and made a part hereof for all intents and purposes. SECTION 3. The City Manager, or his designee, is hereby authorized to carry out all the obligations and duties of the City under the revised Chapter 30 adopted herein. SECTION 4. On the effective date of this ordinance, this Ordinance and the revised Chapter 30 attached hereto supersede and replace all prior ordinances, code provisions, criteria manuals, or other documents of the City to the extent such ordinance, code provision, criteria manual, or other document conflicts or is inconsistent with the provisions herein passed. To the extent such prior documents are inconsistent with the provisions passed herein, they are repealed as conflicting. SECTION 5. The City Secretary is hereby directed to record and publish the attached Exhibit "A" in the City's Code of Ordinances as authorized by Section 52.001 of the Texas Local Government Code. SECTION 6. Any person, firm, partnership, or corporation found violating any provision of this Ordinance, upon conviction, be deemed guilty of a misdemeanor and shall be punished by a fine sum not exceeding Five Hundred Dollars ($500.00) for each offense. Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offense. SECTION 7. If any section, article, paragraph, sentence, phrase, clause, or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 8. This Ordinance, providing for a penalty, shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be published twice in the Denton Record Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by and seconded by , the ordinance was passed and approved by the following vote f - 1: Aye Nay Abstain Abscnt Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. 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 clay of , 2020. CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY EXHIBIT "A" SUPPLEMENT HISTORY TABLE The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code and are considered "Included." Ordinances that are not of a general and permanent nature are not codified in the Code and are considered "Omitted." In addition, by adding to this table with each supplement, users of this Code of Ordinances will be able to gain a more complete picture of the Code's historical evolution. Ord. No. 2Q10-003 -T 2010-112 Date Adopted 1-12-10 5- 4-10 Included/ Omitted Included Included Included Included Included Included Supp No. 21 21 2010-132 1 � 5-11-10 I 21 2010-133 5-11-10 21 21 2010-209 9- 7-10 i2010-216 9-21.-10 21 2010-232 9-21-10 Omitted 21 2010-258 10-19-10 Included 21 2010-287 11- 2-10 Included 21 2010-292 11-16-10 Included 21 2010-312 12- 7-10 Included 21 2411-038 I 3- 1-11 I Included 22 2011-046 4- 5-11 Included 22 2011-051 4- 5-11 included Included i 22 2011-055 i 4- 5-11 22 EXHIBIT "A" i 2011-088 2006-127 2011-103 2011-113 2011-132 5-17-11 5- 2-06 6-21-11 7-19-11 8-16-11 Included Included Included Included Included 22 22 22 22 22 i 2011-168 9-20-11 Included 22 2011-180 10- 411 Included 22 2011-233 11-15-11 Included 22 2011-236 12- 6-11 Included 22 2012-064 3- 6-12 Included 23 2012-176 8-21-12 Included 23 F- 2012-225 2012-226 2012-227 2012-228 9-11-12 Included 23 9-11-12 Included 23 9-11-12 9-11-12 Included included 23 23 2012-254 10- 2-12 Included I 23 v 2012-257 _ 2012-258 2012-367 10- 2-12 10- 2-12 11- 6-12 12-18-12 Included 23 Included 23 T--2012-305 Included 23 Included 23 EXHIBIT "A" 2012-193 9-11-12 Included 24 2013-013 1-15-13 Included 24 2013-207 8-20-13 Included 24 2013-227 i 9-17-13 Included 24 2013-236 9-17-13 Included 24 2013304 10-29-13 Included 24 2013-326 11-19-13 Included 24 2014-082 3-18-14 3-18-14 included 25 2014-084 Included 25 4- 1-14 5- 6-14 Included Included 2014-095 25 25 2014-112 2014-125 5- 6-14 11-18-14 I Included Included 25 25 2014-384 2014-405 11-18-14 included 25 2014-01 11-18-14 included I 26 2014-406 12- 1-14 I Included 26 � 2015-008 1- 6-15 3-24-15 Included Included I 26 26 2015-074 2015-086 4- 7-15 i Included 26 2015-192 6-17-15 Included 26 EXHIBIT "A" 2015-197 7-21-15 7-21-15 Included I 26 2015-199 Included 26 2015-231 8- 4-15 Included 26 2015250 8-18-15 Included 26 2015-281 9-15-15 Included 26 2015-335 2015-384 11-17-15 12-15-15 Included Included 26 26 2015-386 12-15-15 12-15-15 5- 2-06 Included 26 26 2015-387 Included 2006-120 Included Included included Included Included Included 27 27 2016-197 2016-217 2016-298 7-19.16 8- 2-16 9-20-16 27 27 2016-388 12- 6-16 12- 6-16 12-13-16 1-10-17 27 2016-394 27 2016-423 2017-003 2017-066 2017-067 2017-071 Included 27 Included Included Included 28 2-21-17 28 2-21-17 28 2-21-17 Included 28 EYJHBIT "A" 2017-146 i 5- 9-17 included 28 2017-162 6- 6-17 Included 28 2015-121 4-21-15 Included 28 i 2017-201 7-18-17 Included 28 2017-203 2017-208 i 2017-234 2017-217 7-18-17 7-28-17 8-15-17 8- 1-17 Included Omitted Included included 28 28 28 28 2017-282 9-19-17 Included 28 2017-299 10-17-17 Included 28 2017-300 2017-379 2017-237 2017-373 2018-016 2018-246 10-17-17 Included 12- 5-17 Included 8-15-17 Included 11-20-17 Included 1- 9-18 Included 28 28 29 29 29 2- 6-18 Included 29 r-- 2018-551 4-17-18 Included 29 2018-574 2018-757 2018-891 4-17-18 Included 5- 1-18 included 6-26-18 Included 29 29 29 EXHIBIT "A" 2018-1043 6-26-18 Included 29 2018-1045 6-26--18 Included 29 2018-1123 11- 6-18 Included 29 2018-1376 8-28-18 Included 29 2018-1531 11- 6-18 Included 29 2018-1839 11- 6-18 Omitted 29 2019-008 1-15-19 Included 30 2019-391 2-26-19 Included 30 2019-1156 6- 4-19 Included 30 2019-1160 6-18-19 Included 30 DCA18-0009q 4-23-19 i Included Included Included Included Included Included 30 2019-1777 8- 6-19 30 30 2019-2026 2019-2128 2019-2136 2019-2243 8-27-19 9-17-19 9-17-19 30 30 10, 8-19 30 30 2019-2291 2019-2439 9-24-19 Included Included 11-19-19 30 EXHIBIT "A" Chapter 3D - FLOOD PREVENTION AND PROTECTION"' Footnotes: --- (1) --- Cross reference— Emergency management generally, Ch. 9; housing generally, Ch. 15, buildings and building regulations generally, Ch. 28; issuance of building permit where flood hazard exists, § 28-29. ARTICLE I. - IN GENERAL Sec. 30-1. - Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public infrastructure (buildings, streets, bridges) and utilities ( waterlines, wastewater lines, electric lines, gas mains, and communication lines) located in floodplains; (6) Help maintain a stable tax -base by -providing for the sound use and development of flood prone areas; and (7) Ensure the potential buyers are notified that property is in a flood area. (Code 1966, § 10'/z -I) Sec. 30-2. - Objectives. In order to accomplish its purposes, this chapter shall be applied, administered, and enforced as follows: (1) To restrict or prohibit uses that are dangerous to health, safety, or property in times of flood or that cause excessive increases in flood elevations or velocities; (2) To require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) To control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters; (4) To control filling, grading, dredging and other development which may increase flood damage; (5) To prevent or regulate the construction of flood barriers which will increase flood hazards to other lands; (6) No permit shall be issued for the construction, alteration, or improvement of any property within a floodway or floodplain area, unless the permit shall comply with the terms hereof; (7) Areas within a floodplain, when dedicated to public use as open space, green belts, or parkways or when permanently and irrevocably reserved as privately owned space, greenbelts, or parkways, shall conform to the city's plan of development. Such land may be included in the computation of open space as gross density requirements of this chapter. EXHIBIT "A" (Code 1966, § 101/2-2) Sec. 30-3. - Definitions. Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application. Appeal means a request for a review of the city engineer's interpretation of any provision of this chapter or a request for a variance. Area of shallow flooding means a designated AO zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet. This condition occurs where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident. Area of shallow flooding hazard is the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. Area of special flood hazard is the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year, designated as zone AE. Base flood, also known as the one -hundred -year flood, means the flood having a one (1) percent chance of being equaled or exceeded in any given year. Base Flood Elevation (BFE) is the elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, Al -A30, AR, V1 N30, or VE that indicates the water surface elevation resulting from the flood that has a 1 % chance of equaling or exceeding that level in any given-year--also-called the Base Flood. City Engineer means the city engineer for the City of Denton or designee. Critical feature means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. Development - Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, paving, drainage or utilities. Development activities include: subdivision of land; construction or alteration of structures, roads, parking, fences, pools, signs, temporary uses, utilities, and other facilities; installation of septic systems; grading; excavation, mining or drilling operations; dredging; deposit of refuse, debris, or fill materials; storage of equipment or materials; and clearing of natural vegetative cover (with the exception of agricultural activities as defined and as permitted). Routine repair and maintenance activities are exempted. Elevated building means a non - basement building: (1) Built, in the case of a building in zones Al -3D, AE, A, A99, AO, AH, B, C, X, and D, to have the top elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water; and (2) Adequately anchored so as not to impair the structural integrity of the building of up to the magnitude of the base flood. In the case of zones A11-30, AE, A, A99, AO, AH, B, C. X, and D, elevated building also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwater. Encroachment lines are limits of obstruction to flood flows. These lines are generally parallel to the stream. The lines are established by assuming that the area landward (outside) of the encroachment lines will be ultimately developed in such a way that it will not be available to convey flood flows_ If hydraulic efficiency of the floodway is maintained by protecting it against unnecessary encroachments, it will be adequate to convey the regulatory flood without resulting in an increase in flood elevations of more than one (1) foot. EXHIBIT "A" Existing construction means, for the purposes of determining rates, structures for which the start of construction commenced before August 1, 1979. Existing manufactured home park orsubdivision means a manufactured home park or subdivision, in which the construction of facilities servicing the lots upon which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads), was completed prior to August 1, 1979, the effective date of the floodplain management regulations adopted by the City of Denton. Expansion to an Existing Manufactured Home Park or Subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; or (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Insurance Administration, where the areas within the boundaries of special flood hazards have been designated. Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood insurance study means the official report provided by the Federal Insurance Administration containing flood profiles, the V er st ur a e ef�ion of the base flood, and the flood hazard boundary map. Flood Proofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodplain means the area designated as subject to flooding from the base flood (one -hundred -year flood) on the flood insurance rate map. The floodplain includes the floodway. Floodway- See Regulatory Floodway.Floodway fringe means the area located within the floodplain and outside the floodway. Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long term storage or related manufacturing facilities. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic structure means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or EXHIBIT "A" (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior; or b. Directly by the Secretary of the Interior in states without approved programs. Levee means a manmade structure, usually an earthen embankment designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. Levee system means the flood protection system which consists of a levee and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter and 44 C.F.R. 60.3 of the National Flood Insurance Program regulations. Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required facilities. The term "manufactured home' does not include a "recreational vehicle." Manufactured home park or subdivision means a parcel or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale. Mean sea level, for purposes of the National Flood Insurance Program, means the National Geodetic Vertical Data (NGVD) of 1929 or other datum, to which base flood elevation shown on a community's flood insurance rate map are referenced. Minimum building elevation means the elevation to which uses regulated by this chapter are required to be elevated or floodproofed. This elevation would be equal to the elevation that could be reached by the regulatory flood if it occurred under conditions existing at the time the ordinance was passed, from which this chapter is derived, plus eighteen (18) inches, plus the surcharge depth due to encroachments permitted by the establishment of fioodways, i.e., minimum building elevation equals regulatory flood elevation, plus eighteen (18) inches, plus the surcharge depth as indicated in the flood insurance study. New Construction. For the purpose of determining insurance rates, "new construction" means structures for which the "start of construction" commenced on or after August 1, 1979, the effective date of the initial FIRM, including any subsequent improvements to such structures_ For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after August 1, 1979, the effective date of the floodplain management regulation adopted by the City of Denton, including any subsequent improvements to such structures_ New Manufactured Nome Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. Obstruction means any dam, well, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water or that is placed where the flow of water might carry the debris downstream to the damage of life or property. Program deficiency means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management EXHIBIT "A" regulations or of the standards contained in sections 60.3, 60.4, 60.5 or 60.6 of the National Flood Insurance Program regulations. Regulatory flood means a flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular stream. The regulatory flood generally has an average frequency in the order of the one -hundred -year recurrence interval flood determined from an analysis of floods on a particular stream and other streams in the same general region. Regulatory floodway means a river, channel, or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Normally, the floodway will include the stream channel and that portion of the adjacent land areas required to pass the base flood (one -hundred -year flood) discharge without cumulatively increasing the water surface elevation at any point more than one foot above that of the pre-floodway condition, including those areas designated on the flood insurance rate map. Remedy a violation means to bring the structure or other development into compliance with state or local floodplain management regulations or, if this is not possible, to reduce the impact of its noncompliance. Ways that impact may be reduced include protecting the structure or other effective development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing federal financial expenditure with regard to the structure or other development. Recreational Vehicle means a vehicle which is (i) built on a single chassis, (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Riverine means relating to, forxnedby—or.resembling-a river (including tributaries), stream, brook, etc. Shaded X means floods mitigation event with a drainage area of less than one square mile. Start of construction includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, replacement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of the slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means anything constructed or erected, on the ground, or attached to the ground, including but without limiting the generality of the foregoing, buildings, factories, sheds, cabins, manufactured homes, and other similar items. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either of the following: EXHIBIT "A" (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the focal code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. Market value determination, for the purposes of this definition, shall be made by the city engineer by making a determination of the cost of repair, reconstruction, or improvement, who may consider appraisals by the taxing district, information contained in the permit application, as well as other information that may be available to the department or other resource. Surcharge depth means the vertical rise in base flood elevation due to encroachment of the floodway fringe. Variance is a grant of relief to a person from the requirements of this chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter. Violation means the failure of a structure or the development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate or other certifications or other evidence of compliance required in 44 C.F.R. 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or other datum where specified, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Code 1966, § 10Y2-3; Ord. No. 2011-051, § 1, 4-5-11) Sec. 30-4. - Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city. (Code 1966, § 10%2-4) Sec. 30-5. - Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Denton County, Texas and Incorporated Areas" dated June 19, 2020, with flood insurance rate map (FIRM), dated June 19, 2020, and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter. (Code 1966, § 10'/2--5; Ord. No. 97-056, § I, 3-4-97; Ord. No. 2011-051, § 2, 4-5-11) Sec. 30-6. - Compliance. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this chapter and other applicable regulations. (Code 1966, § 10'/2-7) Sec. 30-7. - Abrogation and greater restrictions. EXHIBIT "A" This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Code 1966, § 10%2-8) Sec. 30-8. - Interpretation. In the interpretation and application of this chapter, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Cade 1966, § 10%-9) Sec. 30-9. - Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative de-cision lawfully made hereunder. (Code 1966, § 10%2-10) Secs. 30-10-30-30. - Reserved. ARTICLE II. - ADMINISTRATION Sec. 30-31. - Designation of city engineer. The city engineer, or his/her designee, is hereby appointed to administer and implement the provisions of this chapter. (Code 1966, § 10 V2-11) Sec. 30-32. - Duties and responsibilities of the city engineer. Duties and responsibilities of the city engineer, or his/her designee, shall include but not be limited to the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this chapter; (2) Review, and approve or deny, all applications for development permits required by section 30- 33 of this chapter; (3) Review permits for proposed development to ensure that all necessary permits have been obtained from those federal, state, or local governmental agencies (including Section 404 of the EXHIBIT "A" Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required; (4) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions, the city engineer shall make the necessary interpretation; (5) Ensure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood -carrying capacity is not diminished; (6) When base flood elevation data has not been provided in accordance with section 30-5, the city engineer shall obtain, review, and reasonably utilize any base flood elevation data available from any federal, state, or other source as criteria for requiring the new construction, substantial improvements, or other developments in zone A and meet the requirements of 44 C.F.R. 60.3 subsections (C)(2), (C)(3), (C)(5), (C)(6), and (D)(3) of the National Flood Insurance Program in order to administer the provisions of article 111 of this chapter_ In unnumbered A zones and zone X, the base flood elevation shall be established through an engineering study, and this data shall be used for requiring the lowest floor elevation to be eighteen (18) inches above the encroached base flood elevation based on fully developed conditions. (7) The city engineer shall maintain on record in the engineering department the elevation of the lowest floor, including basement, of new and substantially improved structures in all special flood hazard areas and within 200 feet of the SFHA with a FEMA Elevation Certificate. (8) Review permit applications to determine whether the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. (9) In riverine situations, notify adjacent communities, the Texas Water Development Board (TWDB), and the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse,, -antr sub -Mit -evidence of such notification to the Federal Emergency Management Agency. (10) The city engineer must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones Al -30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point within the community, and that all provisions of Denton Development Code Subchapters 7.4 and 7.5 are met. (Code 1966, § 10%z-12; Ord. No. 97-056, § IT, 3-4-97; Ord. No. 2011-051, § 3, 4-5-11) Sec. 30-33. - Establishment of development permit. A development permit shall be required to ensure conformance with the provisions of this chapter. (Code 1966, § 101/-6) Sec. 30-34. - Permit procedures. (a) Application for a development permit required in this article shall be presented to the city engineer on forms furnished by him/her and may include but not be limited to plans in triplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures (including placement of manufactured homes), and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required; (1) Elevation, in relation to mean sea level, of the lowest floor, including basement, of all proposed structures or substantially improved structures as certified by a registered professional engineer or registered public surveyor; EXHIBIT "A" (2) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; (3) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of section 30-53(b); (4) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; (5) Typical valley cross sections showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high-water information; (6) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and special arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information; (7) Profile showing the slope of the bottom of the channel or flow line of the stream; (8) Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities; (9) For subdivisions of three (3) or more acres or thirty (30) lots or more, whichever is less, the base flood elevations of such subdivisions must be developed by the builder and this data will be utilized to regulate development within the area; (10) For areas outside identified flood hazard areas, the elevation shall be that which is required by chapter 29-07 of the Uniform Building Code which requires a minimum six-inch elevation above adjacent ground to compensate -forte of stormwater storage or drainage areas. The City Engineer shall maintain a record of all such information. (b) Approval or denial of a development permit by the city engineer shall be based on all of the provisions of this chapter and the following relevant factors: (1) The danger to life and property due to flooding or erosion damage; (2) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (3) The danger that materials may be swept onto other lands to the injury of others; (4) The compatibility of the proposed use with existing and anticipated development; (5) The safety of access to the property in times of flood for ordinary and emergency vehicles; (6) The costs of providing governmental services during and after flood conditions, including maintenance and repair of streets and bridges, and public utilities and facilities, such as sewer, gas, electrical, and water systems; (7) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (8) The necessity to the facility of a waterfront location, where applicable; (9) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (10) The relationship of the proposed use to the comprehensive plan for that area. (Code 1966, § 101/'2-14) Sec. 34-35. - Variance procedures. EXHIBIT "A" (a) The board of adjustment, as established by the city council, shall hear and render judgment on requests for variance from the requirements of this chapter. (b) The board of adjustment shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the city engineer, or his/her designee, in the enforcement or administration of this chapter. (c) Any person aggrieved by the decision of the board of adjustment may appeal such decision in the court of competent jurisdiction. (d) The city engineer shall maintain a record of all actions involving an appeal and shall report variances to the Federal Insurance Administration upon request. (e) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that (i) the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and (ii) the variance is the minimum necessary to preserve the historic character and design of the structure. (f) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in section 30-51(c) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (f) Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Section 30-1). (g) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (h) Prerequisites for granting variances shall be as follows: (1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; (2) Variances shall only be issued upon the following: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; (3) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation no more than two (2) feet below the base flood elevation and that the cost of flood insurance will be commensurate with the increased rids resulting from the reduced lowest floor elevation- (i)G) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Section 30-35 (a) -(h) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. EXHIBIT "A" (Code 1966, § 10'/2-15) Secs. 30-36-30-50. - Reserved. ARTICLE III. - STANDARDS FOR FLOOD HAZARD REDUCTION Sec. 30-51. - Zoning map flood area designations. (a) Applicability, districts, boundaries. (1) The provisions of this section shall apply to all lands within the city irrespective of zoning district classification. (2) The floodplain areas within the jurisdiction of this chapter are hereby divided into two (2) districts: floodway and floodway fringe. (3) There shall be superimposed upon the official zoning map the floodplain designation, as determined by the flood insurance study and report. (4) The outer boundary of the floodway fringe at any point shall correspond to the base flood elevation as obtained by flood routing procedure. Minimum finished floor elevations for buildings within the floodway fringe and within 200 ft of the SFHA boundary shall be determined by adding eighteen (18) inches of freeboard to the base flood elevation based of fully developed conditions or 30° above the BFE as indicated in the flood insurance study. (5) The boundary of a floodway shall correspond to the floodway encroachment lines. Boundaries of a floodway shall be determined by scaling distances on the official zoning map. On the ground the floodway-encroachment line shall -be located by measuring distances perpendicular from the floodway centerline. (6) In cases where floodway encroachment lines have not been delineated, the area below the minimum building elevation shall be designated in the floodway until the encroachment lines can be determined. (7) Where interpretation is necessary as to the exact location of the boundaries of the floodplain as shown on the official zoning map, the city engineer shall be consulted for guidance and direction in determining the location in question. Interpretation beyond this point shall be made by the board of adjustment after hearing testimony from all interested parties. (b) Floodway uses. No use of land shall be permitted in a floodway unless: (1) The use is permitted within the zoning district in which it is situated; (2) Such use is not prohibited by any other ordinance; and (3) The use does not require structures, fill, or the storage of materials or equipment; provided, however, that the following uses, when otherwise permitted within the zoning district in which the uses are situated, shall be permitted upon application to the city engineer for a development permit, as provided in section 30-34 of this chapter, upon proof of compliance with this chapter: a. Accessory uses or structures; b. Circuses, carnivals, and similar transient outdoor amusement enterprises; c. Marinas, boat rentals, docks, piers, and wharfs,- d. harfs;d. Railroads, streets, bridges, utility transmission lines, and pipelines; and e. Other uses, similar in nature, which are consistent with the provisions of this chapter_ (c) Floodway fringe uses. No use of land shall be permitted in a floodway fringe unless: (1) The use is permitted within the zoning district in which it is situated; EXHIBIT "A" (2) Such use is not prohibited by any other ordinance; and (3) The use does not require structures, fill, or the storage of materials or equipment, other than the following uses: a. Any use permitted in this section; b. Any other nonstructural use, provided that the use is elevated above the minimum building elevation and that a determination has first been made by the city engineer that such use will not unduly restrict the capacity of the channels or floodway of tributaries to the main stream, drainage ditches, or any other drainage facilities or systems; c. Structures constructed on fill, provided the first floor or basement floor is above the minimum building elevation. Such fill shall be made to an elevation no lower than one (1) foot below the regulatory flood protection elevation for the particular area and shall be extended horizontally at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon; and d. The following uses and structures shall be permitted only upon issuance of a development permit by the board of adjustment as provided in section 30-34 and subject to the following provisions: 1. Nonresidential structures, if adequately floodproofed as approved by the city engineer to a point above the regulatory flood protection elevation; and 2. Uses listed in this section and other similar uses which will not be subject to substantial flood damage and which will not cause flood losses on other lands or to the public. These may include uses which can be readily removed from flood hazard areas during the times of flood. The board may in the development permit allow such uses to be located_at_an-elen below the regulatory flood protection elevation. (Code 1966, § 10%-13) Sec. 30-52. - General standards. In all areas of special flood hazards the following provisions are required: (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. (3) All new construction or substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (4) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (5) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into floodwaters. (6) Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding, (7) Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. All exterior equipment shall be elevated eighteen (18) inches above the base flood elevation. EXHIBIT "A" (8) For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: a. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one (1) foot above grade. c. Openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic entry and exit of floodwaters. d. The area is useable solely for parking of vehicle, building access, or storage. (Code 1966, § 10'12-16) Sec. 30-53. - Specific standards. (a) Residential construction. New construction or substantial improvement of any residential structure within 200 feet of the SFHA boundary shall have the lowest floor, including basement, elevated eighteen (18) inches above the one -hundred -year water surface elevation based on fully developed conditions in the appropriate flood insurance study or thirty inches (30") above the BFE as indicated in the flood insurance study or, if the BFE is unavailable, one -hundred -year flood elevations based on ultimate development watershed conditions. A registered professional engineer, architect, or land surveyor shall submit a FEMA Elevation Certification to the city engineer, in accordance with section 30-34(a)(1), that the standard -of this subsection is -met. (b) Nonresidential construction. New construction or substantial improvement of a commercial, industrial, or other nonresidential structure shall have the lowest floor, including any basement, elevated eighteen (18) inches above the one -hundred -year water surface elevation based on encroached stream conditions as shown in the appropriate flood insurance study, or this construction, together with attendant utility and sanitary facilities, shall be floodproofed so that the structure is watertight to eighteen (18) inches above the encroached base flood level with walls substantially impermeable to the passage of water and structural components have the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. If the flood insurance study does not include the property, the required ane -hundred -year water surface elevations shall be based on ultimate development watershed conditions. A registered professional engineer, architect, or land surveyor shall submit a certification to the city engineer, in accordance with section 30- 34(a)(1), that the requirements of this subsection are met. (c) Manufactured homes. (1) All manufactured homes to be placed or substantially improved within zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation. Methods of anchoring may include but are not limited to use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. (2) All manufactured homes to be placed or substantially improved within zones Al -30, AH, AE, and Shaded X shall be elevated on a permanent foundation so that the lowest floor of the manufactured home is at least thirty (30) inches above the base flood elevation found in the current flood insurance study, or, if no flood insurance study is available, eighteen (18) inches above the base flood elevations, as determined using ultimate development watershed conditions, and shall be securely anchored to an adequately anchored foundation in accordance with all tie -down requirements imposed by state law or city ordinance. EXHIBIT "A" (3) All manufactured homes not otherwise subject to the requirements of subsection 30-53(c)(1) or (c)(2) shall, if placed or substantially improved on sites within an existing manufactured home park or subdivision located within zones Al -30, AH, or AE of the FIRM, be elevated so that either: (i) The lowest floor of the manufactured home is elevated thirty (30) inches above the base flood elevation found in the current flood insurance study, or, if no flood insurance study is available, eighteen (18) inches above the base flood elevations, as determined using ultimate development watershed conditions; or (ii) The manufactured home chassis is supported by reinforced piers, or other foundation elements of equal or greater strength, with the lowest floor of the manufactured home elevated at least thirty-six (36) inches above grade, and securely anchored to a foundation system sufficient to resist flotation, collapse, and lateral movement in accordance with all tie -down requirements imposed by state law or city ordinance. (d) Recreational vehicles. All recreational vehicles placed on sites within zones Al -30, AH, and AE on the community's FIRM shall either: (1) Be on the site for fewer than one hundred eighty (180) consecutive days; (2) Be fully licensed and ready for highway use; or (3) Meet the permit requirements of section 30-34(a) and the elevation and anchoring requirements specified for "manufactured homes" in subsection 30-53(c). A recreational vehicle is ready for highway use if it is on its wheels or jacking system is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. (Code 1966, § 101/2-17; Ord. No. 90-058, § 11, 4-3-90; Ord. No. 97-056, § III, 3-4-97; Ord. No. 2011-051, § 4, 4-5-11) Sec. 30-54. - Standards for subdivision proposals. (a) All subdivision proposals shall be consistent with sections 30-2, 30-3, and 30-4 of this chapter. (b) All proposals for the development of subdivisions shall meet development permit requirements of sections 30-33 and 30-34 and the provisions of this article. (c) Base flood elevation data shall be generated for subdivision proposals and other proposed development which is greater than the lesser of twenty (20) lots or three (3) acres, if not otherwise provided pursuant to section 30-5 or 30-32(6). (d) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards or as outlined in the storm sewer ordinance of the city. (e) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (Code 1966, § 101/2-18) Sec. 30-55. - Standards for areas of shallow flooding (AO zones). Located within the areas of special flood hazard established in section 30-5 are areas designated as areas of shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: EXHIBIT "A" (1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the top of the curb of the nearest street plus the depth number specified in the community's FIRM. If the building site is not located adjacent to a street, the lowest floor, including the basement, must be elevated a minimum of one (1) foot, plus the depth specified on the community's FIRM, above the highest adjacent existing ground elevation of the site. Fill for landscaping around the elevated structure will be limited to provide adequate drainage capacity by utilizing channelization methods that adequately route the water through the property. (2) All new construction and substantial improvements of nonresidential structures shall a. Have the lowest floor, including basement, elevated above the top of the curb of the nearest street plus the depth number specified on the FIRM; or b. Together with attendant utility and sanitary facilities, be completely floodproofed to or about that level referenced in subsection (2)a of this section so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the city engineer that the standards of this section, as proposed in section 30-51(a)(1) are satisfied. (Code 1966, § 10'/2-19) Sec. 30-56. - Floodways Floodways, located within areas of special flood hazard established Section 30-5 above, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions shall apply: (1) Encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory fioodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge; (2) If Section 30-56 (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 30-56. (3) Under the provisions of 44 GFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory fioodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12. Sec. 30-57. - Severability If any section, clause, sentence, or phrase of this Article of the Code of Ordinances is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Article. Sec. 30-58. - Penalties for non-compfiance Violation of the provisions of this Article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a EXHIBIT "A" misdemeanor. Any person who violates this Article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. SUPPLEMENT HISTORY TABLE The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code and are considered "Included." Ordinances that are not of a general and permanent nature are not codified in the Code and are considered "Omitted." In addition, by adding to this table with each supplement, users of this Code of Ordinances will be able to gain a more complete picture of the Code's historical evolution. Ord. No. Date Adopted 1-12-10 5- 4-10 Included/ Omitted Included Included Included Included Included Supp. No. ! 21 21 i 21 21 I 21 2010-003 2010-112 2010-132 5-11-10 5-11-10 9- 7-10 2010-133 2010-209 2010-216 9-21-10 Included I 21 2010-232 9-21-10 Omitted 21 2010-258 10-19-10 Included 21 2010-287 11- 2-10 Included 21 2010-292 11-16-10 Included 21 2010-312 12- 7-10 Included 21 2011-038 3- 1-11 Included 22 2011-046 4- 5-11 Included 22 2011-051 4- 5-11 included 22 2011-055 4- 5-11 Included 22 2011-088 5-17-11 2006-127 5- 2-06 i I 2011-103 —T 6-21-11 2011-113 7-19-11 Included Included Included Included 22 22 _ 22 22 2011-132 8-16-11 Included 22 2011-168 I 9-20-11 Included 22 2011-180 10- 4-11 Included 22 2011-233 I 11-15-11 Included 22 2011-236 12- 6-11 Included 22 2012-064 3- 6-12 Included 23 2012-176 8-21-12 Included 23 2012-225 9-11-12 Included Included Included Included IncludedT included Included Included Included 23 2012-226 9-11-12 23 2012-227 9-11-12 9-11-12 10- 2-12 10- 2-12 10- 2-12 11- 6-12 1218-12 23 2012-228 23 2012-254 2012-257 2012-258 2012-305 2012-367 23 23 23 23 23 2012-193 i 2013-013 9-11-12 1-15-13 Included included 24 24 i 2013-207 8-20-13 Included 24 2013-227 9-17-13 Included 24 2013-236 9-17-13 Included 24 2013-304 10-29-13 Included 24 2013-326 I 11-19-13 Included 24 2014-082 3-18-14 Included 25 2014-084 3-18-14 Included Included 25 2014-095 4- 1-14 25 2014-112 5- 6-14 5- 6-14 Included Included Included included included Included Included Included included Included 25 2014-125 2014-384 I 2014-405 2014-01 2014-406 2015-008 2015-074 2015-086 2015-192 25 11-18-14 25 11-18-14 25 11-18-14 12- 1-14 1- 6-15 26 26 26 3-24-15 4- 7-15 6-17-15 26 26 26 2016-197 2015-199 I 7-21-15 Included Included 26 7-21-15 26 2015-231 8- 4-15 Included 26 2015-250 F--8-18-15 Included 26 2015-281 9-15-15 Included 26 2015-335 11-17-15 Included 26 2015-384 12-15-15 Included 26 2015-386 12-15-15 Included 26 26 2015-387 12-15-15 Included 2006-120 5- 2-06 Included 27 2016-197 7-19-16 Included I included Included Included lncluded Included Included Included Included Included 27 2016-217 2016-298 8- 2-16 27 9-20-16 12- 6-16 12- 6-16 12-13-16 T- 1-10-17 27 2016-388 2016-394 2016-423 7 2017-003 2017-066 2017-067 2017-071 27 27 27 28 2-21-17 28 2-21-17 28 2-21-17 28 2017-146 IF 5- 9-17 Included I 28 2017-162 6- 6-17 Included 28 2015-121 i 4-21-15 Included !! 28 I 2017-201 7-18-17 Included I 28 i 2017-203 7-18-17 Included I 28 2017-208 7-28-17 Omitted 28 2017-234 8-15-17 Included 28 2017-217 8- 1-17 Included 28 2017-282 9-19-17 Included 28 2017-299 10-17-17 included 28 2017-300 10-17-17 Included 28 j 2017-379 12- 5-17 Included 28 2017-237 8-15-17 Included Included Included Included 29 2017-373 2018-016 2018-246 11-20-17 29 1- 9-18 29 2- 6-18 29 2018-551 2018-574 2018-757 2018-891 4-17-18 Included 4-17-18 included 5- 1-1$ included 6-26-18 .Included 29 29 29 29 2018-1043 2018-1045 I E ! 6-26-18 6-26-18 11- 6-18 Included Included Included 29 29 2018-1123 29 2018-1376 8-28-18 Included 29 2018-1531 11- 6-18 Included 29 2018-1839 11- 6-18 Omitted 29 2019-008 1-15-19 Included 30 2019-391 2-26-19 Included 30 2019-1156 6- 4-19 Included 30 2419-1160 6-18-19 Included 30 DCA18-0009q 2019-1777 I 4-23-19 included Included Included 30 8- 6-19 30 2019-2026 2019-2128 2019-2135 2019-2243 2019-2291 2019-243911-19-19 8-27-19 30 9-17-19 Included Included included Included Included 30 9-17-19 10- 8-19 9-24-1.9 30 30 30 30 Chapter 30 - FLOOD PREVENTION AND PROTECTIONM Footnotes: --- (1) Cross reference— Emergency management generally, Ch. 9; housing generally, Ch. 15; buildings and building regulations generally, Ch. 28; issuance of building permit where flood hazard exists, § 28-29. ARTICLE 1. -1N GENERAL Sec. 30-1. - Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) —Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) —Minimize damage to public faGilities-infrastructure (buildings, streets, bridges) and utilities-( SUGh as waterlines, wastewater lines, electric lines, ,gas mains, eleGtFi telephnnv and communication lines)a d -sewer lines, streets and "FWges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of fleedprGPA--floodrone areas In surh a manner as ta rn ir,n4ze f' a fl-- rl hlir.ht areas- and (7) Ensure the potential buyers are notified that property is in a flood area. (Code 1966, § 10'/z-1) Sec. 30-2. - Objectives. In order to accomplish its purposes, this chapter shall be applied, administered, and enforced as follows: (1) To restrict or prohibit uses that are dangerous to health, safety,_ or property in times of flood or that cause excessive increases in flood heights -elevations or velocities; (2) To require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) To control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters; (4) To control filling, grading, dredging and other development which may increase flood damage; (5) To prevent or regulate the construction of flood barriers which will increase flood hazards to other lands; (6) No permit shall be issued for the construction, alteration, or improvement of any property within a floodway or floodplain area, unless the permit shall comply with the terms hereof; (7) Areas within a floodplain, when dedicated to public use as open space, green belts, or parkways or when permanently and irrevocably reserved as privately owned space, greenbelts, or parkways, shall conform to the city's plan of development. Such land may be included in the computation of open space as gross density requirements of this chapter. (Code 1966, § 101/z-2) Sec. 30-3. - Definitions. Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application. Appeal means a request for a review of the city engineer's interpretation of any provision of this chapter or a request for a variance. Area of shallow flooding means a designated AO zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet. This condition occurs where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident. Area of shallow flooding hazard is the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. Area of special flood hazard is the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year, designated as zone AE. Base flood, also known as the one -hundred -year flood, means the flood having a one (1) percent chance of being equaled or exceeded in any given year. Base Flood Elevation (BFB is -the elevation-shown—on the Flood Insurance Rate Mat) (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, Al -A30, AR, V1 -V30, or VE that indicates the water surface elevation resulting from the flood that has a 1 % chance of equaling or exceeding that level in any given year - also called the Base Flood, City Engineer means the city engineer for the City of Denton or designee. Critical feature means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. Development- Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, paving, drainage or utilities. Development activities include subdivision of land: construction or alteration of structures, roads, parking, fences, pools, signs, temporary uses, utilities, and other facilities& installation of septic systems: gradin% excavation, mining or drilling operations; dredging; deposit of refuse, debris, or fill materials; storage of equipment or materials: and clearing of natural vegetative cover (with the exception of agricultural activities as defined and as permitted)_ Routine repair and maintenance activities are exempted. nhange to iL'nnroyed of unimproved real estate, innluother stnirtures rnininn dredging filling grading paving ex-,avatieFi Elevated building means a non -basement building: (1) Built, in the case of a building in zones A1 -31D, AE, A, A99, AO, AH, B, C, XS and D, to have the top elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water; and (2) Adequately anchored so as not to impair the structural integrity of the building of up to the magnitude of the base flood. in the case of zones Al -30, AE, A, A99, AO, AH, B, C, X, and D, elevated building also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwater. Encroachment lines are limits of obstruction to flood flows. These lines are generally parallel to the stream. The lines are established by assuming that the area landward (outside) of the encroachment lines will be ultimately developed in such a way that it will not be available to convey flood flows. If hydraulic efficiency of the floodway is maintained by protecting it against unnecessary encroachments, it will be adequate to convey the regulatory flood without resulting in an increase in flood elevations of more than one (1) foot. Existing construction means, for the purposes of determining rates, structures for which the start of construction commenced before August 1, 9979. Existing manufactured home park orsubdivision means a manufactured home park or subdivision, in which the construction of facilities servicing the lots upon which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads), was completed prior to August 1, 1979, the effective date of the floodplain management regulations adopted by the City of Denton. Expansion to an Existing Manufactured Home Park or Subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the -pouring of concrete pads). Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; or (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Insurance Administration, where the areas within the boundaries of special flood hazards have been designated. Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood insurance study means the official report provided by the Federal Insurance Administration containing flood profiles, the water surface elevation of the base flood, and the flood hazard boundary map. Flood Proofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitaU facilities, structuress and their contents. Floodplain means the area designated as subject to flooding from the base flood (one -hundred -year flood) on the flood insurance rate map. The floodplain includes the floodway. Floodway - See Regulatory Floodway. Floodway fringe means the area located within the floodplain and outside the floodway. Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long term storage or related manufacturing facilities. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic structure means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior, or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior; or b. Directly by the Secretary of the Interior in states without approved programs. Levee means a manmade structure, usually an earthen embankment designed and constructed in accordance with sound engineering practices to contain, control. or divert the flow of water so as to provide protection from temporary flooding. Levee system means the flood protection system which consists of a levee and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter and 44 C.F.R. 60.3 of the National Flood Insurance Program regulations. Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required facilities. The term"manufactured-h=&' does not include a "recreational vehicle." Manufactured home park or subdivision means a parcel or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale. Mean sea level, for purposes of the National Flood Insurance Program, means the National Geodetic Vertical Data (NGVD) of 1929 or other datum, to which base flood elevation shown on a community's flood insurance rate map are referenced. Minimum building elevation means the elevation to which uses regulated by this chapter are required to be elevated or floodproofed. This elevation would be equal to the elevation that could be reached by the regulatory flood if it occurred under conditions existing at the time the ordinance was passed, from which this chapter is derived, plus eighteen (18) inches, plus the surchaEge depth due to encroachments permitted by the establishment of floodways, i.e., minimum building elevation equals regulatory flood elevation, plus eighteen (18) inches, plus the surcharge depth as indicated in the flood insurance study. New Cconstruction . For the purpose of determining insurance rates, "new construction" means structures for which the "start of construction" commenced on or after August 1, 1979, the effective date of the initial FIRM, including any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after August 1, 1979, the effective date of the floodplain management regulation adopted by the City of Denton, including any subsequent improvements to such structures. New Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site .grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard= or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water or that is placed where the flow of water might carry the debris downstream to the damage of life or property. Program deficiency means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations or of the standards contained in sections 60.3, 60.4, 60.5 or 60.6 of the National Flood Insurance Program regulations. Regulatory flood means a flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular stream. The regulatory flood generally has an average frequency in the order of the one -hundred -year recurrence interval flood determined from an analysis of floods on a particular stream and other streams in the same general region. Regulatory floodway means a river, channel, or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Normally, the floodway will include the stream channel and that portion of the adjacent land areas required to pass the base flood (one -hundred -year flood) discharge without cumulatively increasing the water surface elevation at any point more than one foot above that of the pre-floodway condition, including those areas designated on the flood insurance rate map. Remedy a violation means to bring the structure or other development into compliance with state or local floodplain management regulations or, if this is not possible, to reduce the impact of its noncompliance. Ways that impact may be reduced include protecting the structure or other effective development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing federal financial expenditure with regard to the structure or other development. Recreational Vehicle means a vehicle which is (i) built on a single chassis; ii 400 square feet or less en whmeasured at the largest horizontal projections; iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as tempora!y ,living quarters for recreational, camping, travel, or seasonal use. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Shaded X means floods mitigation event with a drainage area of less than one square mile. Start of construction includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, replacement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of the slab or footings, the installation of piles, the construction of columns,, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading,, and filing, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations_ or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means anything constructed or erected, on the ground, or attached to the ground, including but without limiting the generality of the foregoing, buildings, factories, sheds, cabins, manufactured homes, and other similar items. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either of the following: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. Market value determination, for the purposes of this definition, shall be made by the city engineer by making a determination of the cost of repair, reconstruction,_ or improvement, who may consider appraisals by the taxing district, information contained in the permit application, as well as other information that may be available to the department or other resource. Surcharge depth means the vertical rise in base flood elevation due to encroachment of the floodway fringe. Variance is a grant of relief to a person from the requirements of this chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter. Violation means the failure of a structure or the development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate or other certifications or other evidence of compliance required in 44 C.F.R. 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4). or (e)(5) is presumed to be in violation until such time as that documentation is -provided. Watersurface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or other datum where specified, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Code 1966, § 101/x-3; Ord, No_ 2011-051, § 1, 4-5-11) Sec. 30-4. - Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city. (Code 1966, § 101/z-4) Sec. 30-5. - Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Denton County, Texas and Incorporated Areas" dated Ap: il� 49, 201 � rune 19 2020, with flood insurance rate map (FIRM), dated April -14,241-1 June 19, 2020; and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter. (Code 1966, § 10%2-5; Ord. No. 97-056, § I, 3-4-97; Ord. No. 2011-051, § 2, 4-5-11) Sec. 30-6. - Compliance. No structure or land shall hereafter be located, altered or have its use changed without full compliance with the terms of this chapter and other applicable regulations. (Code 1966, § 101/2.-7) Sec. 30-7. - Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Code 1966, § 101/2-8) Sec. 30-5. - Interpretation. In the interpretation and application of this chapter, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Code 1966, § 10%z-9) Sec. 30-9. - Warning and disclaimer of Uabitity: The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made the de hereunder. (Code 1966, § 10'/2-10) Secs. 30-10-30-30- - Reserved. ARTICLE II. - ADMINISTRATION Sec. 30-31. - Designation of city engineer. - The city engineer, or his/her designee, is hereby appointed to administer and implement the provisions of this chapter. (Code 1966, § 10'/2-11) Sec. 30-32. - Duties and responsibilities of the city engineer�e�. Duties and responsibilities of the city engineer, or his/her des, nee, shall include but not be limited to the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this chapter; (2) Review, and approve or deny= all applications for development permits required by section 30- 33 of this chapter; (3) Review permits for proposed development to ensure that all necessary permits have been obtained from those federal, state, or local governmental agencies (including Section_ 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 13_34) from which prior approval is required; (4) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions, the city engineer ^� �'� �. shall make the necessary interpretation; (5) Ensure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood -carrying capacity is not diminished; (6) When base flood elevation data has not been provided in accordance with section 30-5, the city engineer`. erne shall obtain, review,w, and reasonably utilize any base flood elevation data available from any federal, state, or other source as criteria for requiring the new construction, substantial improvements,, or other developments in zone A and meet the requirements of 44 C.F.R. 60.3 subsections (C)(2), (C)(3), (C)(5), (6)(6)1 and (D)(3) of the National Flood Insurance Program in order to administer the provisions of article III of this chapter. In unnumbered A zones and zone X, the base flood elevation shall be established through an engineering study, and this data shall be used for requiring the lowest floor elevation to be eighteen (18) inches above the encroached base flood elevation based on fully developed conditions.. - (7) The city engineer or shall maintain on record in the his "rksengineering department the elevation of the lowest floor, including basement, of new and substantially improved structures in all special flood hazard areas and within 200 feet of the SFHA with a FEMA Elevation Certificate.... (8) Review permit applications to determine whether the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. (9) In riverine situations, notify adjacent communities, the Texas Water Development Board (TWDB), and the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (10) The city engineer- must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones Al -30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point within the community, and that all provisions of Denton Development Code Subchapters 35.17774 and 3&-4.9775 are met. (Code 1966, § 101/2-12; Ord. No. 97-056, § 11, 3-4-97; Ord. No. 2011-051, § 3, 4-5-11) Sec. 30-33. - Establishment of development permit. A development permit shall be required to ensure conformance with the provisions of this chapter. (Code 1966, § 10%2-6) Sec. 30-34. - Permit procedures. (a) Application for a development permit required in this article shall be presented to the city engineer on forms furnished by him/sher -and may include but not be limited to plans in triplicate drawn to scale showing the location, dimensions and elevation of proposed landscape alterations, existing and proposed structures (including placement of manufactured homes), and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (1) Elevation, in relation to mean sea level, of the lowest floor, including basement, of all proposed structures or substantially improved structures as certified by a registered professional engineer or registered public surveyor; (2) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; (3) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of section 30-53(b); (4) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; (5) Typical valley cross sections showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high-water information; (6) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and special arrangement of all proposed and existing structures on the site; location and elevations ofr streets, water supply, sanitary facilities, - photographs showing-exrstirrg- and vegetation upstream and downstream;, soil types, and other pertinent information; (7) Profile showing the slope of the bottom of the channel or flow line of the stream; (8) Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities; (9) For subdivisions of three (3) or more acres or thirty (30) lots or more, whichever is less, the base flood elevations of such subdivisions must be developed by the builder and this data will be utilized to regulate development within the area; (10) For areas outside identified flood hazard areas, the elevation shall be that which is required by chapter 29-07 of the Uniform Building Code which requires a minimum six-inch elevation above adjacent ground to compensate for loss of stormwater storage or drainage areas. tID—The City E=ngineer shall Mmaintain a record of M such information. (b) Approval or denial of a development permit by the city engineer shall be based on all of the provisions of this chapter and the following relevant factors: (1) The danger to life and property due to flooding or erosion damage; (2) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (3) The danger that materials maybe swept onto other lands to the injury of others; (4) The compatibility of the proposed use with existing and anticipated development; (5) The safety of access to the property in times of flood for ordinary and emergency vehicles; (6) The costs of providing governmental services during and after flood conditions, including maintenance and repair of streets and bridges, and public utilities and facilities, such as sewer, gas, electrical, and water systems; (7) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (8) The necessity to the facility of a waterfront location, where applicable; (9) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (10) The relationship of the proposed use to the comprehensive plan for that area (Code 1966, § 10'/2-14) Sec. 30-35. - Variance procedures. (a) The board of adjustment, as established by the city council, shall hear and render judgment on requests for variance from the requirements of this chapter. (b) The board of adjustment shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the city engineer, or his/her designee, in the enforcement or administration of this chapter. (c) Any person aggrieved by the decision of the board of adjustment may appeal such decision in the court of competent jurisdiction. (d) The city engineer o esj! a shall maintain a record of all actions involving an appeal and shall report variances to the Federal Insurance Administration upon request. (e) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that (i) the proposed repair or rehabilitation will not preclude the structure's continued designation as a Historic structure and (ii) the variance is the minimum necessary to preserve the historic character and design of the structure. (f) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in section 30-51(c) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (gf) Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and obiectives of this ordinance (Section 30-1). -r f_ P4 _+�ri at;o-rn of tiro factGrc noted in_�f-rhri-c can.�.:c_-fin-- Qir�r- Ptd the- Meer srch�'"}$1•`tl�atti_� '-'r'� adj4stment-may attaGh such conditions to the granting -0f variiarices--asm"eems'-%'rcessan, 4��n fr�arcmm #ia-purpose a d�jle-tives of this Ghapter4eiisirh_Cn��u,7]f.�lu4e-m. li (1) edifiati R of waste disp al and water supply faGiiliti -& (2) LfmitatlARfi oR BFiOd (?-6FS2-CIPd $9era4ln- (3} — ImpoGition-or roctr� ion} ons (4)- Requrr-ememRts for —segs uetiie of nhonpel me 4G tl�i _d*e�leyees��s,_and ntha� nrntiu fnno 1 � ���i}ra.�, t6)--R,ye�dpr-GGf4g-i- aacircac as deSG ihed i � 3G-52/��y� 149-t r-ar-rtermaRent stn Unt,jra fill innle Orli"��"` trurtinn l�� e 0 F=�, r*� �, az �r,941i fo; roa-v-pd4evees p n n -v- F1ciIS-$r��ui FRER-B�BMe4F uses.-s4a-llbe peFmrlt©d which_ antion 49 a `�� col: tk+lnab with evicting er future cos i inrli 11F offents the n�}�ry�,&G+ n+�eAy of the_ kx)4way r-��rrrq-vr c uses, - ."! F'crvrcl -vr ,f- � -iRGr &eec f49od-#elgt+ & ye the miniimwm buiir4ing eley tine, �`�,a�in��4h�-�s VYa-�iFB�PT�Y�T sed--�4are-sha4-be-base n -{easeRa,��,le as-sum�,ptinn that tharo merill ha on on �e�p f ll ane_ rrr.r-reacrhrrm+e4# e�n�g f�� $i n4ea� GR -bG4I;-&4e nr- d the cis-'rn " (hg) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result_ (ib) Prerequisites for granting variances shall be as follows: (1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; (2) Variances shall only be issued upon the following: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; (3) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation no more than two (2) feet below the base flood elevation; and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (}i) --(i) Variances may issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that U the criteria outlined in Section 30-35 (a) -(h) are met. and (ii) the structure or other development is Protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. Addi#legalfa^terror-saAsider rby-th d-s#a4414c64e-t4e fo#lew*tg. (1) Thai-da;gee to f#eed--ieig#ts-Gf--'veioc+#-�_-s-paused by e4Gfeachh m eennts-i r (2)--The-da4ge —that -mater: may be swept onto other lands or downstreamyy,�, to the in uFy of_ntho� (i3- The proposed instar c�rpp4y_�_ Cs' 4itatien,syst' ms-�{��'a ill"f-t+iese-_ ystems�-pFeyent di SSeaSe. GG rn aMinati F'P�II-'pd u_n.0Itr nnn644o� (^) The suscept+billity�#he--prop$se^' 1 , aidemotets #s-f1GG4damage seshdamage onthe i^i#v eel swr►er (Tje_in ortaRce-ef #4e_rac propqs aGilih t r � a nnmmRkyi (6)- T -4e ren 4ernents of the f�znii it}r—formw-aterfr�t-tCbaU !7 _ ^x`"''`17 `-i'ii ittCtr n { a#ve4Gca ivi-rs�-.v#'acIvje.Grte-flon`iiRg far the pfep se -.d us (g) --The- w pajbWof_theproposed use with existinn_deyelnnment and deyelopment_antininaterf jn44 9f&seeablefuture (9) T e4-g-to#iG✓^tiip-of the prop9sed use to the rom��q-pJa}}_a�� lain �mano meM preg ram ttl a -,rye r...... „ (.V. )--T4e.Ssafet�F-of-' ccess to_the _pmperhr in times of flooding or for erdinanr emergeflCy srehi-l-.- l ' ')-"The'Cx-peGted hhe 9r tc,rc'v vey�c'rr'c� d-}wa ', n�of rose rr'and - nt4ranspo#-ef-the-flo9dwater-s. loedwate- expected-at the site; and (12 _S-uch-,9ther-faetcrs which are relevan t8_the purpose of this Gh (Code 1366, § 10'/2-I5) Secs. 30-36-30-50. - Reserved. ARTICLE Ilia - STANDARDS FOR FLOOD HAZARD REDUCTION Sec. 30-51. - Zoning map flood area designations. (a) Applicability, districts; boundaries. (1) The provisions of this section shall apply to all lands within the city irrespective of zoning district classification. (2) The floodplain areas within the jurisdiction of this chapter are hereby divided into two (2) districts: floodway and floodway fringe. (3) There shall be superimposed upon the official zoning map the floodplain designation, as determined by the flood insurance study and report. (4) The outer boundary of the floodway fringe at any point shall correspond to the base flood elevation as obtained by flood routing procedure. Minimum finished floor elevations for buildings within the floodway fringe and within 200 ft of the SFHA boundary shall be determined by adding eighteen (18) inches of freeboard to the base flood elevation based of fully developed conditions or 30" above the BFE as indicated in, p4 tt Q nth as iRdiGatthe flood insurance study_ fnr nnnrn;4nhment of the floodway fringe. (5) The boundary of a floodway shall correspond to the floodway encroachment lines. Boundaries of a floodway shall be determined b -y scaling- distances on -the official zoning map. Can the ground the floodway encroachment line shall be located by measuring distances perpendicular from the floodway centerline. (6) In cases where floodway encroachment lines have not been delineated, the area below the minimum building elevation shall be designated in the floodway until the encroachment lines can be determined. (7) Where interpretation is necessary as to the exact location of the boundaries of the floodplain as shown on the official zoning map, the city engineer GFA hall be consulted for guidance and direction in determining the location in question. Interpretation beyond this point shall be made by the board of adjustment after hearing testimony from all interested parties. (b) Floodway uses. No use of land shall be permitted in a floodway unless: (1) The use is permitted within the zoning district in which it is situated; (2) Such use its not prohibited by any other ordinance; and (3) The use does not require structures, fill, or the storage of materials or equipment; provided, however, that the following uses, when otherwise permitted within the zoning district in which the uses are situated, shall be permitted upon application to the city engineer twee for a development permit, as provided in section 30-34 of this chapter, upon proof of compliance with this chapter: a. Accessory uses or structures; b. Circuses, carnivals,, and similar transient outdoor amusement enterprises; c. Marinas, boat rentals, docks, piers= and wharfs; d. Railroads, streets, bridges, utility transmission lines, and pipelines; and e. Other uses, similar in nature, which are consistent with the provisions of this chapter. (c) Floodway fringe uses. No use of land shall be permitted in a floodway fringe unless: (1) The use is permitted within the zoning district in which it is situated; (2) Such use is not prohibited by any other ordinance; and (3) The use does not require structures, fill, or the storage of materials or equipment, other than the following uses: a. Any use permitted in this section; b. Any other nonstructural use, provided that the use is elevated above the minimum building elevation and that a determination has first been made by the city engineer that such use will not unduly restrict the capacity of the channels or floodway of tributaries to the main stream, drainage ditches, or any other drainage facilities or systems; c. Structures constructed on fill, provided the first floor or basement floor is above the minimum building elevation. Such fill shall be made to an elevation no lower than one (1) foot below the regulatory flood protection elevation for the particular area and shall be extended horizontally at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon; and d. The following uses and structures shall be permitted only upon issuance of a development permit by the board of adjustment as provided in section 30-34 and subject to the following provisions: 1. Nonresidential structures, if adequately floodproofed as approved by the city engineer or de e --to a point above the regulatory flood protection elevation; and 2. Uses listed in this section and other similar uses which will not be subject to substantial flood damage and which will not cause flood losses on other lands or to the public. These may include uses which can be readily removed from flood hazard areas during the times-offlood. The Board may in the development permit allow such uses to be located at an elevation below the regulatory flood protection elevation. (Code 1966, § 10x/2-13) Sec. 30-52. - General standards. In all areas of special flood hazards the following provisions are required: (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy. (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. (3) All new construction or substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (4) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (5) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into floodwaters. (6) Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (7) Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. All exterior equipment shall be elevated eighteen (18) inches above the base flood elevation. (8) For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: a. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one (1) foot above grade. c. Openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic entry and exit of floodwaters. d. The area is useable solely for parking of vehicle, building access, or storage. (Code 1966, § 101/2-16) Sec. 30-53. - Specific standards. (a) Residential construction. New construction or substantial improvement of any residential structure within 200 feet of the SFHA boundary shall have the lowest floor, including basement, elevated eighteen (18) inches above the one -hundred -year water surface elevation based on eAsreaGhed streamfully developed -conditions in the appropriate flood insurance study or thirty inches (30") above the BFE as indicated in the flood insurance study -or, if the BFE is unavailable, ane -hundred -year flood elevations based on ultimate development watershed conditions. A registered professional engineer, architect, or land surveyor shall submit a FEMA Eievation-C--Gertif�eatio4-ertification to the city engineers de&q+aee, in accordance with section 30-34(a)(1), that the standard of this subsection is met. (b) Nonresidential construction. New construction or substantial improvement of a commercial, industrial, or other nonresidential structure shall have the lowest floor, including any basement, elevated eighteen (18) inches above the one -hundred -year water surface elevation based on encroached stream conditions as shown in the appropriate flood insurance study, or this construction, together with attendant utility and sanitary facilities, shall be floodproofed so that the structure is watertight to eighteen (18) inches above the encroached base flood level with walls substantially impermeable to the passage of water and structural components have the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. If the flood insurance study does not include the property, the required one -hundred -year water surface elevations shall be based on ultimate development watershed conditions. A registered professional engineer, architect, or land surveyor shall submit a certification to the city engineer, in accordance with section 30- 34(a)(1), that the requirements of this subsection are met. (c) Manufactured homes. (1) All manufactured homes to be placed or substantially improved within zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation. Methods of anchoring may include but are not limited to use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. (2) All manufactured homes to be placed or substantially improved within zones Al -30, AH, aed AE, and Shaded X shall be elevated on a permanent foundation so that the lowest floor of the manufactured home is at least thirty (30) inches above the base flood elevation found in the current flood insurance study, or, if no flood insurance study is available, eighteen (18) inches above the base flood elevations, as determined using ultimate development watershed conditions, and shall be securely anchored to an adequately anchored foundation in accordance with all tie -down requirements imposed by state law or city ordinance. (3) All manufactured homes not otherwise subject to the requirements of subsection 30-53(c)(1) or (c)(2) shall, if placed or substantially improved on sites within an existing manufactured home park or subdivision located within zones Al -30, AH, or Al= of the FIRM, be elevated so that either: (i) The lowest floor of the manufactured home is elevated thirty (30) inches above the base flood elevation found in the current flood insurance study, or, if no flood insurance study is available, eighteen (18) inches above the base flood elevations, as determined using ultimate development watershed conditions; or (ii) The manufactured home chassis is supported by reinforced piers, or other foundation elements of equal or greater strength, with the lowest floor of the manufactured home elevated at least thirty-six (36) inches above grade, and securely anchored to a foundation system sufficient to resist flotation, collapse, and lateral movement in accordance with all tie -down requirements imposed by state law or city ordinance. (d) Recreational vehicles. Ail recreational vehicles placed on sites within zones A1-30, AH, and AE on the community's FIRM shall either: (1) Be on the site for fewer than one hundred eighty (180) consecutive days; (2) Be fully licensed and ready for highway use; or (3) —Meet the permit requirements of section 30-34(a), and the elevation and anchoring requirements specified for "manufactured homes" in subsection 30-53(c). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utHit dev ces, and has no permanently attached additions. (Code 1966, § 10'/2-17; Ord. No. 90-058, § II, 4-3-90; Ord. No. 97-056, § III, 3-4-97; Ord. No. 2011-051, § 4, 4-5-11) Sec. 30-54. - Standards for subdivision proposals. (a) All subdivision proposals shall be consistent with sections 30-2, 30-3, and 30-4 of this chapter. (b) All proposals for the development of subdivisions shall meet development permit requirements of sections 30-33 and 30-34 and the provisions of this article. (c) Base flood elevation data shall be generated for subdivision proposals and other proposed development which is greater than the lesser of twenty (20) lots or three (3) acres, if not otherwise provided pursuant to section 30-5 or 30-32(5). (d) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards or as outlined in the storm sewer ordinance of the city. (e) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (Code 1966, § 10'/2-18) Sec. 30-55. - Standards for areas of shallow flooding (AO zones). Located within the areas of special flood hazard established in section 30-5 are areas designated as areas of shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the top of the curb of the nearest street plus the depth number specified in the community's FIRM. If the building site is not located adjacent to a street, the lowest floor, including the basement, must be elevated a minimum of one (1) foot, plus the depth specified on the community's FIRM, above the highest adjacent existing ground elevation of the site. Fill for landscaping around the elevated structure will be limited to provide adequate drainage capacity by utilizing channelization methods that adequately route the water through the property. (2) All new construction and substantial improvements of nonresidential structures shall: a. Have the lowest floor, including basement, elevated above the top of the curb of the nearest street plus the depth number specified on the FIRM; or b. Together with attendant utility and sanitary facilities, be completely floodproofed to or about that level referenced in subsection (2)a. of this section so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the city engineer that the standards of this section, as proposed in section 30-51(a)(1) are satisfied. (Code 1966, § 10'/2-19) Sec. 30-56. - FloodwaysLOODWAYS Floodways, located within areas of special flood hazard established ie -Section 30-5 above are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity, of flood waters which cagydebris, potential projectiles, and erosion potential, the following provisions shall apply: 1) Encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodwaV unless it has been demonstrated through h drolo is and hydraulic analyses performed in accordance with standard engineering ractice that the proposed encroachment would not result in anv increase in flood levels within the community during the occurrence of the base flood discharge:. _ (2) if Section 30-56 (1) above is satisfied all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 30-56. (3) Under the provisions of 44 CFR Chanter 1, Section 65.12 of the National Flood insurance Program Regulations, a community may permit encroachments within the adopted regulatory_ floodway_ that would result in an increase in base flood elevationsprovided that the community first completes all of the provisions re uired by Section 65.12. Sec.€C-TION 30-57. - Severabilit If any section, clause sentence, or phrase of this 9rd+aafrseArticle of the Code of Ordinances is held to be invalid or unconstitutional by any court of competent i risdiction, then said holding shall in no way affect the validity of the remaining portions of this 9;&4a;�seArticle. Sec.E-G-T-t&N 30-58. -Pen alties€ €,% forF-OR non-complianceNON-Gnnnd 'r;r We strn cAure or land GmnlianGe Wi+h he tnrmc of thJS nns Ft of deF and otheF apploGablo Violation of the provisions of this seu4-erdeFArticle by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this s9*4-G�Article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent (geyefR4nq-bo4Mhe city from taking such other lawful action as is necessary to prevent or remedy any violation. .-. .,btA s Federal Emergency Management Agency ^= g Y Washington, D.C. 20472 �'�Nb SSG CERTIFIED MAIL IN REPLY REFER TO: RETURN RECEIPT REQUESTED 115-CWG December 19, 2019 The Honorable Chris Watts Community: City of Denton, Mayor, City of Denton Denton County, 215 East McKinney Street Texas Denton, TX 76201 Community No.: 480194 Map Panels Affected: See FIRM Index Dear Mayor Watts: The Department of Homeland Security's Federal Emergency Management Agency (FEMA) recently completed a revision to the countywide Flood Insurance Study (FIS) report and Flood Insurance Rate Map (FIRM) for Denton County, Texas and Incorporated Areas. Although your community is unaffected by the updated flood hazard information presented in the FIS report and 1?IRM, your community does lie an one or more of the revised map panels. Therefore, it will be necessary for your community to update your floodplain management ordinances to reflect the new FIRM effective date of June 19. 2020, as a condition of continued eligibility in the National Flood Insurance Program (NFIP). This update to your community's floodplain management ordinance should be submitted to the state coordinating agency and your Consultation Coordination Officer (CCO) at our Regional Office, within 6 months of the date of this letter. For information about your CCO, please contact: Ms. Sandra Keefe Director, Federal Insurance and Mitigation Division Federal Emergency Management Agency, Region VI Federal Regional Center 800 North Loop 288 Denton, Texas 76209-3698 (940) 898-5399 Communities that fail to amend their ordinance and siibinit it to our Regional Office for review and approval will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the 1973 Flood Disaster Protection Act. as amended. To assist your community in maintaining the FIRM, we have enclosed a Summary of Map Actions (SOMA) to document previous Letters of Map Change (LOMCs) (i.e., Letters of Map Amendment [LOMAs], Letters of Map Revision [LOMRs]) that will be superseded when the revised FIRM panels become effective. Information on LOMCs is presented in four categories: 01 (1) LOMCs that have been included on the revised FIRM panels; (2) LOMCs that have not been shown on the revised FIRM panels because of scale limitations or because the LOMC that was issued had determined that the lots or structures involved were outside the Special Flood Hazard Area shown on the FIRM; (3) LOMCs that have not been included on the revised FIRM panels because they are being superseded by new detailed flood hazard data; and (4) LOMCs that will be re -determined. The LOMCs in Category 2 of this form are revalidated through a single letter that reaffirms the validity of a previously issued LOMC. LOMCs issued for multiple lots or structures where the determination for one or more of the lots or structures have changed (Category 4) cannot be revalidated through this administrative process. However, we will review the data which were previously submitted as part of the original LOMA or LOMR request and issue a new determination for the subject properties after the FIRM effective date. Shortly before the FIS report and FIRM effective date, we will send you copies of the revised FIRM panels. Additional information and resources your community may find helpful regarding the NFIP and floodplain management, such as The National Flood Insurance Program Code of Federal Regulations, Answers to Questions About the NFIP, Use of Flood Insurance Study (FIS) Data as Available Data, Frequently Asked Questions Regarding the Effect that Revised Flood Hazards have on Existing Structures, and National Flood Insurance Program Elevation Certificate and Instructions, can be found on our website at hLtps://www.fema.gov/letter-final- determination. Paper copies of these documents may also be obtained by calling our FEMA Map Information eXchange (FMIX), toll free, at 1 -877 -FEMA MAP (1-877-336-2627) or by email at FEMAMapSpecialist@riskmapcds.com. Sincerely, r Luis Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration Enclosure: Final SOMA cc: Community Map Repository Noreen Housewright, Senior Engineer, City of Denton Manuel Razo, Interim NFIP State Coordinator, Texas Water Development Board (electronic copy) Jennifer Moss, Deputy Regional Technical Coordinator, RSC 6 (electronic copy) March 16, 2020 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Chris Watts Mayor, City of Denton 215 East McKinney Street Denton, Texas 76201 Dear Mayor Watts: U.S. Department of Homeland Security 500 C Street, SW Washington, DC 20472 Ct k FEMA E, I commend you for the efforts that have been put forth in implementing the floodplain management measures for the City of Denton, Texas, to participate in the National Flood Insurance Program (NFIP). As you implement these measures, I want to emphasize the following: a Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) have been completed for your community; the FIS and FIRM will become effective on June 19,2020; and by the FIS and FIRM effective date, the Department of Homeland Security's Federal Emergency Management Agency (FEMA) Regional Office is required to approve the legally enforceable floodplain management measures your community adopts in accordance with Title 44 Code of Federal Regulations Section 60.3(d). As noted in FEMA's letter dated December 19, 2019, no significant changes have been made to the flood hazard data on the Preliminary and/or revised Preliminary copies of the FIRM for Denton County. Therefore, the City of Denton should use the Preliminary and/or revised Preliminary copies of the FIRM as the basis for adopting the required floodplain management measures. Final printed copies of the FIRM for the City of Denton will be sent to you within the next few months. If you encounter difficulties in enacting the measures, I recommend you contact the Texas Water Development Board. You may contact Manuel Razo, CFM, the Interim NFIP State Coordinator, by telephone at (512) 475-1850, in writing at 1700 North Congress Avenue, Post Office Box 13231, Austin, Texas 78711-3231, or by electronic mail at manuel.razo@twdb.texas.gov. The FEMA Regional staff in Denton, Texas, is also available to provide technical assistance and guidance in the development of floodplain management measures. The adoption of compliant floodplain management measures will provide protection for the City of Denton and will ensure its participation in the NFIP. The Regional Office may be contacted by telephone at (940)898-5127 or in writing. Please send your written inquiries to the Director, Mitigation Division, FEMA Region VI, at Federal Regional Center, 800 North Loop 288, Denton, Texas 76209-3698. www:fema.gov The Honorable Chris Watts March 16, 2020 Page 2 The NFIP State Coordinating Office for your State has verified that Texas communities may include language in their floodplain management measures that automatically adopt the most recently available flood elevation data provided by FEMA. Your community's floodplain management measures may already be sufficient if the measures include suitable automatic adoption language and are otherwise in accordance with the minimum requirements of the NFIP. The NFIP State Coordinator can assist you further in clarifying questions you may have about automatic adoption. You may have already contacted the NFIP State Coordinator and/or the FEMA Regional Office, and may be in the final adoption process or recently adopted the appropriate measures. However, in the event your community has not adopted the appropriate measures, this letter is FEMA's official notification that you only have until June 19, 2020, to adopt and/or submit a floodplain management ordinance that meets or exceeds the minimum NFIP requirements, and request approval from the FEMA Regional Office by the effective date. Your community's adopted measures will be reviewed upon receipt and the FEMA Regional Office will notify you when the measures are approved. I appreciate your cooperation to ensure that your community's floodplain management measures are approved by the FEMA Regional Office by June 19, 2020. Your compliance with these mandatory program requirements will enable your community to avoid suspension from the NFIP. Sincerely, Rachel Sears, Director Floodplain Management Division Mitigation Directorate I FEMA cc: Tony Robinson, Regional Administrator, FEMA Region VI Manuel Razo, CFM, Interim NFIP State Coordinator, Texas Water Development Board Noreen Housewright, Senior Engineer, City of Denton 60.3(d) FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the {governing body} of {community name}, Texas does ordain as follows: SECTION B. FINDINGS OF FACT (1) The flood hazard areas of {community name} are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. SECTION C. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood -prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. SECTION D. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. ARTICLE 2 Pj DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high -velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. APPURTENANT STRUCTURE - means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure AREA OF FUTURE CONDITIONS FLOOD HAZARD - means the land area that would be inundated by the 1 -percent -annual chance (100 year) flood based on future conditions hydrology. AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, Al -30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V. BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE) - The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, Al -A30, AR, V1 -V30, or VE that indicates the 3 water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year - also called the Base Flood. BASEMENT - means any area of the building having its floor subgrade (below ground level) on all sides. BREAKAWAY WALL - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT - means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING - means, for insurance purposes, a non -basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) . FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: 4 (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD ELEVATION STUDY - means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood -related erosion hazards. FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS) - see Flood Elevation Study FLOODPLAIN OR FLOOD -PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING - means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. 5 FLOODWAY - see Regulatory Floodway FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE - means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. G LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. 7 RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. REGULATORY FLOODWAY - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. RIVERINE - means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. SPECIAL FLOOD HAZARD AREA - see Area of Special Flood Hazard START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE - means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE - means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c) (4), (c) (10), (d) (3), (e) (2), (e) (4), or (e) (5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION - means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverme areas. ARTICLE 3 GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to all areas of special flood hazard with the jurisdiction of {community name}. Z SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HA7.ARn The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for {from the FIS Title}," dated {date of latest FIS and/or Index Panel}, with accompanying Flood Insurance Rate Maps (FIRM) dated {date of latest FIRM}. and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. SECTION G. WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official 10 or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. ARTICLE 4 ADMINISTRATION SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The {list position or title of the appointed Floodplain Administrator - i.e., Code Enforcement Officerl is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management. SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. (2) Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. (3) Review, approve or deny all applications for development permits required by adoption of this ordinance. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. 11 (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB) and also the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al -30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones Al -30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all of the provisions required by Section 65.12. SECTION C. PERMIT PROCEDURES (1) Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; 12 (b) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; (c) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section B (2); (d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; (e) Maintain a record of all such information in accordance with Article 4, Section (B) (1); (2) Approval or denial of a Floodplain Development Permit by the Flooplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (fl The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (g) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. 13 SECTION D. VARIANCE PROCEDURES (1) The Appeal Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this ordinance. (2) The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section C) . (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. [ 10) Prerequisites for granting variances: 14 (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (11) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Article 4, Section D (1)-(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 15 (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B (8), or (iii) Article 5, Section C (3), the following provisions are required: (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C (1) a., is satisfied. (2) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are 16 in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (3) Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all openings shall be no higher than 1 foot above grade. (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes - (a) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (b) Require that manufactured homes that are placed or substantially improved within Zones Al -30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent 17 foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones Al -30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: (i) the lowest floor of the manufactured home is at or above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (5) Recreational Vehicles - Require that recreational vehicles placed on sites within Zones A 1-30, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of Article 4, Section C (1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance. (2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this ordinance. 18 (4) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified). (2) All new construction and substantial improvements of non-residential structures; (a) have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified), or (b) together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C are satisfied. 19 (4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. SECTION E. FLOODWAYS Floodways - located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (2) If Article 5, Section E (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. (3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12. SECTION F. SEVERABILITY If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. SECTION G. PENALTIES FOR NON COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this court order and other applicable regulations. Violation of the provisions of this court order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this court order or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $_I Texas law limits the fine to .$'500} for each violation, and in 20 addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent {governing body} from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION H. CERTIFICATION OF ADOPTION APPROVED: PASSED: (adoption date) (community official) ORDINANCE BECOMES EFFECTIVE: (effective date) I, the undersigned, {name of certif ying official}, do hereby certify that the above is a true and correct copy of an ordinance duly adopted by the (governing body}, at a regular meeting duly convened on Jdate}. {Signature of Certifying Official} 21 {SEAL} ON City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 20-882, Version: 1 Consider adoption of an ordinance approving a grade -separated road crossing Preliminary Engineering Contract by and between the City of Denton and the Kansas City Southern Railroad Company (KCSRR) relating to the widening and realignment of Hickory Creek Road within the railroad right-of-way located at KCSRR Mile Post 99.54, within the County and City of Denton, Texas; providing for the expenditure of funds (the initial estimate is $20,000.00 for Preliminary Engineering; the City will receive a final invoice upon completion of the work); and providing an effective date. City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton City Hall 414215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: May 5, 2020 SUBJECT Consider adoption of an ordinance approving a grade -separated road crossing Preliminary Engineering Contract by and between the City of Denton and the Kansas City Southern Railroad Company (KCSRR) relating to the widening and realignment of Hickory Creek Road within the railroad right-of-way located at KCSRR Mile Post 99.54, within the County and City of Denton, Texas; providing for the expenditure of funds (the initial estimate is $20,000 for Preliminary Engineering; the City will receive a final invoice upon completion of the work); and providing an effective date. BACKGROUND The existing at -grade crossing of Hickory Creek Road with the KCSRR is planned to be replaced with an overcrossing as part of the Hickory Creek Road Phase 3 realignment/widening project (currently in the design phase), which involves realignment of the road from Riverpass Drive to FM 1830. The KCSRR track crosses Hickory Creek Road approximately 1,400 -ft west of the Riverpass Drive intersection. As part of the proposed Hickory Creek Road Realignment Project, the at -grade crossing will be eliminated and replaced with a grade separated roadway segment (roadway bridge over the railroad). In May 2019, both at -grade and grade -separated crossing options were presented to the City Council who directed staff to move forward with the grade separated option. The proposed bridge will be constructed to accommodate the ultimate six lane cross-section of Hickory Creek Road. The work to be done by KCSRR under this agreement will consist of the review and approval of preliminary and final engineering and design plans, specifications, drawings, contracts, and other documents pertaining to the project, and the preparation of cost estimates for KCSRR's construction work (if any) for the Hickory Creek Road Realignment project. OPTIONS 1. Approve the proposed ordinance. 2. Decline to approve the proposed ordinance. 3. Provide direction. RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED SCHEDULE OF PROJECT This project will be brought to 100% design and then shelved pending bond funding. PRIOR ACTION/REVIEW (Council, Boards, Commissions) A Professional Service Agreement with HDR Engineering to design the Hickory Creek Phase 3&4 project was approved by city council on February 12, 2019. FISCAL INFORMATION This Preliminary Engineering agreement will be funded through account number 250081473.1360.2110. PRINCIPLE PLACE OF BUSINESS Kansas City Southern Railroad Kansas City, MO EXHIBITS 1. Agenda Information Sheet 2. Ordinance & Agreement 3. Presentation Respectfully submitted: Pritam Deshmukh, P.E. Deputy City Engineer (940) 349-7710 Prepared by: Trevor Crain, PMP. Project Manager, Capital Projects (940) 349-7426 >4 Z ❑ a CV ai ; s0b r t0 Mi0 RJB 0 UY4 gyp❑¢!d U Gi p., > T ,Fy 5 3 T.o D m p Z�P4 o41 w T a y QW W d�vi o.U. a9 m Ed' QF Fq006 c�NO[W. ��n -CUC O 0� z UFd Q W W oq o v Nt W o`1.� e� .� o o�3w a 9Ud c." 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IMPROVING DL N 1 (01 LIC), IN City Council Agenda May 5, 2020 File ID# 20-882 Design Schedule - Riverpass Dr. to FM 1830 ,%W • Design start: February 2019 • 60% complete: March 2020 • KCSRR to review to ensure their standards are met as per agreement • 100% complete: September 2020 • Submit Final plans to KCSRR for final approval & acceptance IMPROVING DLI\� �(CC)N - Recommendation Recommend adoption of an ordinance by the City to execute the agreement with Kansas City Southern Railroad to ensure the limits of our roadway project crossing over the KCS RR Tracks meet KCS standards. IMPROVING DLI� � N Questions ? IMPROVING DLN CON City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON File #: ID 20-884, Version: 1 Legislation Text AGENDA CAPTION Consider approval of the minutes of April 21, 2020. City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM CITY OF DENTON CITY COUNCIL MINUTES April 21, 2020 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, April 21, 2020, at 1:02 p.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 Note: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth, and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor and Paul Meltzer will be participating in the closed meeting, work session, and regular meeting via video/teleconference under the provisions allowed by the Texas Government Code Section 551.127. The posted agenda noted the registration process for public participation at this virtual meeting. While citizen commentary received via the online registration process is not read, each member of the City Council received each registration as it was submitted. 1. Citizen Comments on Consent Agenda Items None. 2. Requests for clarification of agenda items listed on this agenda. • Consent Item 2.1) (ID 20-823) - As requested, staff clarified service to be provided, needs for the program and cost savings involved. (Hudspeth) • Consent Item 2.E (ID 20-824) - As requested, staff clarified the applicability of how meters would be pulled and that it was a method of managing incoming calls. (Hudspeth). • Consent Items 2.E (ID 20-824), 2.17 (ID 20-825) and 2.I (ID 20-829) - As requested, staff clarified the need to consider the items prior to delaying and first sending to the Public Utilities Board. (Meltzer) • Consent Item 2.G (ID 20-826) - Pulled for Individual Consideration. (Armintor, Meltzer) • Consent Item 2.G (20-826) - As requested, staff clarified the response time involved when compared to the information for the ARO (After Response of Order) and tracking was held. (Hudspeth) • Consent Item 2.G (ID 20-826) and 2.H (ID 20-827) - As requested, staff clarified there was a cost savings in privatizing the service rather than doing inhouse. (Watts) City of Denton City Council Minutes April 21, 2020 Page 2 • Consent Item 2.1-1 (120-827) - Pulled for Individual Consideration. (Armintor) • Consent Item 2.1-1 (ID 20-827) - As requested, staff clarified the place of business for the contractor was in Sanger, Texas and in Denton County and the services being provided. (Briggs) • Consent Item 2.K (ID 20-838) - As requested, staff clarified this was a different segment of roadway, with one additional segment needing reconstruction before Hercules could be fully opened. (Briggs) • Consent Item 2.N (ID 20-857) - Pulled for Individual Consideration. (Briggs) • Consent Item 2.0 (ID 20-878) - Pulled from consideration at staffs request. (Watts) 3. Work Session Reports A. ID 20-771 Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton's COVID-19 response. The item was presented and discussion followed. There was no direction provided as the item was for update purposes. Staff confirmed they would provide City Council with an Informational Staff Report and work session item on grant funding opportunities for the City. The Work Session was recessed for a short break at 2.22 p.m. and reconvened at 2:33 p.m. B. ID 20-876 Receive a report, hold a discussion, and give staff direction regarding the existing E. Hickory Street Police Headquarters, with a focus on suggestions by City Council to the fagade alternates. The item was presented and discussion followed. Following discussion, City Council consensus was for staffs recommendation with the guesstimate under Option 1: Headquarters Fagade Upgrade Option One: $830,000 (Enhanced Security; Stucco & Some Masonry; Good Streetscape). Item to return for additional discussion at a later date. C. ID 20-830 Receive a report, hold a discussion, and give staff direction regarding Budget Reduction Strategies. The item was presented and discussion followed. The item related, in part, to Individual Consideration Item 3.0 (ID 20-875) to be considered at the Regular Meeting being held later in the evening. The meeting was recessed at 4:24 p.m. for a short break and reconvened at 4:42 p.m. City of Denton City Council Minutes April 21, 2020 Page 3 The presentation and discussion continued. Following discussion, City Council consensus was to continue as recommended by staff as follows: • City Council to consider an ordinance approving the initial budget strategies outlined in May; and if approved, staff to implement the strategies as identified; • Staff to present a financial update on May 19; • 2020 debt sale: Notice of Intent Ordinance for consideration on May 19; and • The General Fund forecast to be revised as the City receives sales tax collections with a two-month delay and begins receiving preliminary assessed value figures. D. ID 20-831 Receive a report, hold a discussion, and give staff direction regarding the scheduling of City Board, Commission, and Committee meetings during the City's declared local disaster related to the COVID-19 pandemic. The item was presented and discussion followed. Following discussion, City Council consensus was to continue forward with staff s recommendations, with the following to conduct their meetings and include public comment for those that already provide that opportunity under their current agenda process. The direction to be incorporated with the emergency order agenda item to be considered at an upcoming meeting. • City Council: o Anticipated two (2) meetings per month plus any emergency meetings • Planning and Zoning (P&Z): o Anticipated two (2) meetings per month • Public Utilities Board (PUB): o Anticipated one (1) meeting per month • Other special meetings that might have time -sensitive, critical items. Based upon projected items, this may include: o Hotel Occupancy Tax and Sponsorship Committee o Civil Service Commission o Community Development Advisory Committee / Human Services Advisory Committee meeting o Bond Oversight Committee Staff to follow up with Swagit and report back on what "credits" may possibly be available for future meetings since the contract provides for a certain number of meetings to be produced by them. City of Denton City Council Minutes April 21, 2020 Page 4 E. ID 20-176 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: 1. Consideration of a resolution regarding COVID-19 voter access and safety requesting that all registered voters in Texas be considered eligible for a mail -in ballot; and 2. Requesting information regarding the number of potential developments that qualify under the previous tree code. The item was presented and discussion followed. Following discussion, results were as follows: • Item 20-176: 1. Consideration of a resolution regarding COVID-19 voter access and safety requesting that all registered voters in Texas be considered eligible for a mail -in ballot. o No consensus to support a resolution • Item 20-176: 2. Requesting information [staff report] regarding the number of potential developments that qualify under the previous tree code. o No consensus to support a staff report The Work Session ended at 6:04 p.m. CLOSED MEETING 1. The City Council convened into a Closed Meeting at 6:04 p.m. consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law, as follows. Item 1.B (ID 20-859) was not deliberated. A. ID 20-858 Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the appointment, employment, and duties of the City Auditor. DELIBERATED The Closed Meeting was recessed for a short break at 6:35 p.m. and reconvened at 6:41 p.m. B. ID 20-859 Consultation with Attorneys- Under Texas Government Code Section 551.071. Consultation, discussion, deliberation, and receipt of information from the City's attorneys involving legal issues relating to budget reduction strategies and City personnel policies, and to provide the City's attorneys with direction, where a public discussion of these legal matters would clearly 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. NOT DELIBERATED City of Denton City Council Minutes April 21, 2020 Page 5 C. ID 20-855 Consultation with Attorneys- Under Texas Government Code Section 551.071. Consultation, discussion, deliberation, and receipt of information from the City's attorneys involving legal matters relating to the annexation or extension/renewal of non - annexation agreements for eligible properties, and to provide the City's attorneys with direction, where a public discussion of these legal matters would clearly 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 6:15 p.m. and ended at 7:13 p.m. No votes or actions were taken during the Closed Meeting. REGULAR MEETING After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Regular Meeting on Tuesday, April 21, 2020, at 7:26 p.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 Note: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth, and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor and Paul Meltzer will be participating in the closed meeting, work session, and regular meeting via video/teleconference under the provisions allowed by the Texas Government Code Section 551.127. The posted agenda noted the registration process for public participation at this virtual meeting. While citizen commentary received via the online registration process is not read, each member of the City Council received each registration as it was submitted. 1. PRESENTATION FROM MEMBERS OF THE PUBLIC None. A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. None. City of Denton City Council Minutes April 21, 2020 Page 6 C. Additional Citizen Reports (Open Microphone) None. 2. CONSENT AGENDA The Consent Agenda consisted of Items 2.A-0. During the Work Session held earlier in the day, Item 2.G (ID -20-826) was pulled for Individual Consideration by Council Member Meltzer. Item 2.H (ID 20-827) was pulled for Individual Consideration by Council Member Armintor. Item 2.0 (ID 20-878) was pulled from consideration by Mayor Watts at staff's request. Council Member Briggs moved to adopt the Consent Agenda, now consisting of items 2.A -2.F and 2.I -2.M. Motion seconded by Council Member Davis. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None A. ID 20-816 Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute Supplemental Agreement No. 1 to Easement No. DACW63-2-01-0673, between the City and the United States Army Corps of Engineers, related to the raw water pump station at Lake Ray Roberts, located in the Martha Langston Survey, Abstract No. 739, part of the United States of America, Tract 210 - Lake Ray Roberts, County of Denton, Texas; and providing for severability and an effective date. ASSIGNED ORDINANCE NO. 20-816 B. ID 20-818 Consider approval of a resolution approving use of unspent proceeds of Revenue Bonds issued by New Hope Cultural Education Facilities Finance Corporation on behalf of the CHF - Collegiate Housing Denton, L.L.C. in an amount not to exceed $2,700,000 for costs relating to parking facilities at Texas Women's University; recognizing that the City of Denton is not responsible for issuing the Revenue Bonds and has no financial obligation to pay any principal of or interest on the Revenue Bonds; making certain findings in connection therewith; and providing an effective date. ASSIGNED RESOLUTION NO. 20-818 C. ID 20-822 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of a fifth amendment to a Professional Services Agreement between the City of Denton and Teague Nall and Perkins, Inc., amending the contract approved by the City Manager on April 10, 2017, in the not -to -exceed amount of $93,500; amended by amendments 1 - 4 approved by City Council, City Manager City of Denton City Council Minutes April 21, 2020 Page 7 and Purchasing Staff; said fifth amendment to provide engineering and design services relating to the hickory creek road west project; providing for the expenditure of funds therefor; and providing an effective date (File 6427 - providing for an additional fifth amendment expenditure amount not -to -exceed $67,635, with the total contract amount no - to -exceed $293,185). ASSIGNED ORDINANCE NO. 20-822 D. ID 20-823 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, rejecting any and all competitive bids under RFP 6945 for Land Management Software for the City of Denton Development Service Department; and providing an effective date (RFP 6945). ASSIGNED ORDINANCE NO. 20-823 E. ID 20-824 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 Milsoft Utility Solutions, Inc, for continued vendor support of the Milsoft Interactive Voice Response and associated software modules along with new hardware and software upgrades, which is the sole provider of this software, in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services that are available from one source are exempt from competitive bidding, and if over $50,000 shall be awarded by the governing body; and providing an effective date. (File 7209 - awarded to Milsoft Utility Solutions, Inc, in the five (5) year not -to -exceed amount of $300,588.) ASSIGNED ORDINANCE NO. 20-824 F. ID 20-825 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 Trilliant Networks, Inc., for continued vendor support services for Advanced Metering Infrastructure (AMI) for Denton Municipal Electric Metering Department, in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services that are available from one source are exempt from competitive bidding, and if over $50,000 shall be awarded by the governing body; and providing an effective date (File 7218 - awarded to Trilliant Networks, Inc., in the five (5) year not -to -exceed amount of $817,304.50). ASSIGNED ORDINANCE NO. 20-825 I. ID 20-829 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 Progressive Roof Services Inc., dba Progressive Roofing through The Inter -local Purchasing System (TIPS) Cooperative Program Contract Number 190201 for the replacement of the roof system at the Municipal Laboratory; providing for the expenditure of funds therefor; and providing an effective date. (File 7266 - awarded to Progressive Roof Services, Inc. dba Progressive Roofing in the not -to -exceed amount of $172,260). ASSIGNED ORDINANCE NO. 20-829 City of Denton City Council Minutes April 21, 2020 Page 8 ID 20-835 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 Interfaith Ministries of Denton, Inc., for a utility assistance program for low-income households; providing for the expenditure of funds therefor; and providing an effective date (RFP 7244 - awarded to Interfaith Ministries of Denton, Inc., for one (1) year to provide annual administrative services in the amount of $22,500, with the option for four (4) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $625,000 for annual administrative services and anticipated distributions for a utility assistance program for low- income households). ASSIGNED ORDINANCE NO. 20-835 K. ID 20-838 Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute a Development Agreement between the City of Denton and Shercross Development, LLC for the installment of critical infrastructure related to Hercules Drive; authorizing the expenditure of funds therefor; and providing for an effective date. ASSIGNED ORDINANCE NO. 20-838 L. ID 20-849 Consider approval of the minutes of March 17, March 20, March 31, and April 6, 2020. M. ID 20-853 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or his designee, to execute a construction manager at risk contract with Thos. S. Byrne, Inc., a Texas corporation, for pre - construction services for the renovation of police headquarters and development and construction of the police substation and firing range; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7249 - CMAR awarded to Thos. S. Byrne, Inc., in the not -to -exceed amount of $45,000 for pre -construction services). ASSIGNED ORDINANCE NO. 20-853 ITEMS PULLED FOR INDIVIDUAL CONSIDERATION G. ID 20-826 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 CRC Lawncare and Landscape, LLC, for mowing services and maintenance for Park locations, Cemeteries, Libraries, Public Buildings, Medians, Fire Stations, Water Reclamation, Beneficial Reuse, and Airport, Sections A, B, C, D, E, F, G, H, J, and K; providing for the expenditure of funds therefor; and providing an effective date (RFP 7254 - awarded to CRC Lawncare and Landscape, LLC, for one (1) year, with the option for one (1) additional one (1) year extension, in the total two (2) year not -to -exceed amount of $600,000). ASSIGNED ORDINANCE NO. 20-826 Pulled for individual consideration by Council Members Armintor and Meltzer. Items 2.G (ID 20-826) and 2.H (ID 20-827) were collectively read into the record and presented, with each item voted on individually. City of Denton City Council Minutes April 21, 2020 Page 9 Following discussion, Mayor Pro Tem Hudspeth moved to adopt item as presented. Motion seconded by Council Member Ryan. Discussion continued. Mayor Pro Tem Hudspeth Called the Question. Call the Question seconded by Council Member Ryan. Call the Question failed as two thirds (2/3) favorable vote was required. AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis and Ryan NAYS (3): Council Members Briggs, Armintor, and Meltzer Discussion continued. Mayor Watts called the vote on Mayor Pro Tem Hudspeth's original motion to adopt the item as presented, seconded by Council Member Ryan. Motion carried. AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis and Ryan NAYS (3): Council Members Briggs, Armintor, and Meltzer H. ID 20-827 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 Custom Landscaping, Inc., dba Classic Landscapes Maintenance, Inc., for Section I - DME Offices/Substation locations mowing services and maintenance; providing for the expenditure of funds therefor; and providing an effective date (RFP 7254 - awarded to Custom Landscaping, Inc., dba Classic Landscapes Maintenance, Inc., for one (1) year, with the option for one (1) additional one (1) year extension, in the total two (2) year not -to -exceed amount of $160,000). ASSIGNED ORDINANCE NO. 20-827 Pulled for individual consideration by Council Member Armintor. Items 2.G (ID 20-826) and 2.H (ID 20-827) were collectively read into the record and presented, with each item voted on individually. Following discussion, Mayor Pro Tem Hudspeth moved to adopt the item as presented. Motion seconded by Council Member Davis. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, and Meltzer NAYS (1): Council Member Armintor N. ID 20-857 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home - rule municipal corporation, authorizing the approval of a second amendment to the Professional Services Agreement between the City of Denton and HR Green, Inc., amending the contract approved by City Council on October 23, 2018, in the not -to -exceed amount of City of Denton City Council Minutes April 21, 2020 Page 10 $815,147, amended by Amendment 1 approved by City Council, said second amendment to provide additional review of development construction projects for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6818 - providing for an additional second amendment expenditure amount not -to - exceed $415,000, with the total contract amount not -to -exceed $1,809,062). ASSIGNED ORDINANCE NO. 20-857 Pulled for individual consideration by Council Member Briggs. The item was presented and discussion followed. Following discussion, Mayor Pro Tem Hudspeth moved to adopt the item as presented. Motion seconded by Council Member Meltzer. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, and Meltzer NAYS (1): Council Member Armintor ITEM PULLED FROM CONSIDERATION O. ID 20-878 Consider approval of a resolution of the Council of the City of Denton revising the City's Reduction in Force policy for all city employees; and, providing an effective date_ As announced earlier during the Work Session, the item was pulled from consideration by Mayor Watts at staffs request. 3. ITEM(S) FOR INDIVIDUAL CONSIDERATION A. ID 20-617 Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute an Amendment to an Advance Funding Agreement with the Texas Department of Transportation for an expansion of Mayhill Road from a two-lane rural roadway to a four -lane divided urban arterial roadway from IH 35 East to US 380 in the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date. ASSIGNED ORDINANCE NO. 20-617 The item was presented and discussion followed. Citizen comments received are noted in Exhibit A. All members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item. City of Denton City Council Minutes April 21, 2020 Page 11 Mayor Watts announced the summary of public commentary/registrations. See Exhibit A for details. • 0 online comments • 1 call-in: 0 in Support, 0 in Opposition and 1 Not Stated Discussion continued. Following discussion, Mayor Pro Tem Hudspeth moved to adopt the item as presented. Motion seconded by Council Member Ryan. Motion carried. AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Ryan, and Meltzer NAYS (2): Council Members Briggs and Armintor B. ID 20-837 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation ("City"), authorizing the execution of a Contract of Sale, and Amendment, between the City, as Buyer, and Saratan Corporation I, a Texas Corporation ("Saratan"), as Seller, for the purchase of 909 N. Loop 288, Denton, Denton County, Texas ("Property"), for the purchase price of $5,200,000.00; authorizing the expenditure of funds therefor including the cash amount of $3,395,000.00 towards the purchase price; accepting the donation value of the property from seller of $1,805,000.00; providing for severability; and providing an effective date. ASSIGNED ORDINANCE NO. 20-837 The item was presented and discussion followed. Citizen comments received are noted in Exhibit A. All members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item. Mayor Watts announced the summary of public commentary/registrations. See Exhibit A for details. • 2 online comments: 2 in Support and 0 in Opposition • 1 call-in: 1 in Support, 0 in Opposition Discussion continued. City of Denton City Council Minutes April 21, 2020 Page 12 Following discussion, Mayor Pro Tem Hudspeth moved to adopt the item as presented. Motion seconded by Council Member Davis. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None C. ID 20-875 Consider adoption of an ordinance establishing the City of Denton's strategy in response to economic impacts of the COVID-19 pandemic; and, providing an effective date. ASSIGNED ORDINANCE NO. 20-875 The item related, in part, to Work Session Item 3.0 (ID 20-831) presented and discussed earlier in the day. A revised ordinance was distributed to the City Council resulting from discussions to those sections of that item that related to the action item being considered. The item was presented and discussion followed. Citizen comments received are noted in Exhibit A. All members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item. Mayor Watts announced the summary of public commentary/registrations. See Exhibit A for details. 1 online comment: 0 in Support and 1 in Opposition 2 call -ins: 0 in Support, 0 in Opposition and 2 Not Stated Discussion continued. Following discussion, Council Member Briggs moved to adopt the item with the following amendments: Revise the following: [underlined for emphasis] o WHEREAS, to address the projected revenue shortfalls, the City will offer eligible employees a voluntary separation incentive and increase the return on investment rate transferred annually by City's electric utility to the City's general neral fund from its current rate of 3.50 percent to 6.0 percent from the effective date of this ordinance until September 30, 2022; and City of Denton City Council Minutes April 21, 2020 Page 13 • Delete the following: [struck through for emphasis] • Revise Section 2 as follows: o Add the following: [underlined for emphasis] • Increase the return on investment ("ROI") rate transferred annuallv by Citv's electric utility to the Cit general fund from its current rate of 3.50 percent to 6.0 percent from the effective date of this ordinance until September 30, 2022 at which time the ROI rate shall be reduced to 3.5 percent. o Delete the following: [struck through for emphasis] neeessafy; and • Reqtfir-e utilization of vaeation leave balanees or- wTaid leave for- City employees .,,,.king loss than „ full . ofk week. Motion seconded by Council Member Armintor. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None D. ID 20-819 Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse capital program expenditures of the General Government ($3,423,000) with tax -preferred obligations (Certificates of Obligation and General Obligation Bonds) with an aggregate maximum principal amount not to exceed $3,423,000; and providing an effective date. ASSIGNED ORDINANCE NO. 20-819 The item was presented and discussion followed. Mayor Watts announced there were no online registrations or call -ins on the item. Following discussion, Mayor Pro Tem Hudspeth moved to adopt the item 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 April 21, 2020 Page 14 4. CONCLUDING ITEMS Council Members expressed items of interest. With no further business, the meeting was adjourned at 9:32 p.m. CHRIS WATTS MAYOR CITY OF DENTON, TEXAS MINUTES APPROVED ON: ROSA RIOS CITY SECRETARY CITY OF DENTON, TEXAS C O U o Ta E me F Y.. y " o $ C m >y. m q U b .an q y O o o 9 y A CC O ° x oQ LL tee$ � Ap dw 10 N •y SHHH O H a wzaz a z E a� v a A � A A A 3 u. v E z ��r A City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiiwlim� www.cityofdenton.com DENTON Legislation Text File #: ID 20-923, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, confirming the effective period of the declared state of local disaster; superseding and replacing the Third Order of Council of the City of Denton issued April 30, 2020 approved by Ordinance 20-873; confirming and authorizing the expenditure of funds; providing a repealer clause; and providing an effective date. City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton City Hall 1%,10000,215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: City Manager's Office CM/ DCM/ ACM: Todd Hileman DATE: SUBJECT May 5, 2020 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, confirming the effective period of the declared state of local disaster; superseding and replacing the Third Order of Council of the City of Denton issued April 30, 2020 approved by Ordinance 20-873; confirming and authorizing the expenditure of funds; providing a repealer clause; and providing an effective date. BACKGROUND The City of Denton's amended Order of Council that went into effect at 11:59 p.m. on Thursday, April 30 listed the Planning and Zoning Commission as one of the boards, commissions, and committees that may resume meetings for the duration of the new order. The intent of allowing the Planning and Zoning Commission to resume meeting was to hold necessary public hearings and to review and consider plat, zoning, and other subdivision applications. Section 4.d. of the April 30 order states, "No development applications listed in Table 2.2-A in the Denton Development Code shall be accepted for the term of this Order or any extension hereof." The inclusion of Section 4.d. precludes the City of Denton from accepting the plat, zoning and subdivision applications that the Planning and Zoning Commission would consider during their upcoming meetings. There are several development projects that are ready to submit platting or zoning applications; staff communicates regularly with the development community and seeks Council approval to accept development applications beginning the week of May 4 in an effort to continue progress on development projects and ultimately help Denton's economy recover from the economic impacts of COVID-19. The updated Order of Council would allow staff to resume acceptance of all application types. Pending City Council approval on Tuesday, staff will accept all development application types on Wednesday, May 6 and will communicate accordingly with the development community. Additionally, the order expiration date has moved to May 31, 2020. This change in date will ensure the order is aligned with the expiration date of the declaration of local disaster. The current order is also drafted to incorporate any new executive order that Governor Abbott may issue in an attempt to be aligned with gubernatorial orders through the end of the month. OPTIONS N/A RECOMMENDATION N/A ESTIMATED SCHEDULE OF PROJECT N/A PRIOR ACTION/REVIEW (Council, Boards, Commissions) April 30 — Adoption of Ordinance 20-873 extending the declaration of local disaster and superseding Ordinance 20-812 April 6 — Adoption of Ordinance 20-812 superseding Ordinance 20-740 March 24 — Second Mayoral declaration of local disaster and order March 20 — Adoption of Ordinance 20-740 amending Ordinance 20-721 March 17 — Adoption of Ordinance 20-721 extending and modifying Mayoral Declaration March 13 — Mayoral declaration of local disaster and order FISCAL INFORMATION N/A BID INFORMATION N/A EXHIBITS Exhibit 1 — Agenda Information Sheet Exhibit 2 — Draft Ordinance and Order of Council Exhibit 3 — Ordinance 20-873 Respectfully submitted: Ryan Adams Deputy Director of Public Affairs/IGR ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME—RULE MUNICIPAL CORPORATION, CONFIRMING THE EFFECTIVE PERIOD OF THE DECLARED STATE OF LOCAL DISASTER; SUPERSEDING AND REPLACING THE THIRD ORDER OF COUNCIL OF THE CITY OF DENTON ISSUED APRIL 30, 2020 APPROVED BY ORDINANCE 20-873; CONFIRMING AND AUTHORIZING THE EXPENDITURE OF FUNDS; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS- CoV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization; and WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death; and WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently increasing daily; and WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout the City of Denton and Denton County, including the limitation of community gatherings and requiring individuals, groups of individuals, or property to be subject to additional measures that prevent or control the spread of disease; and WHEREAS, the State Office of Court Administration, in consultation with the Supreme Court, Court of Criminal Appeals, and Regional Judges, has provided guidance recommending postponement of all non-essential court proceedings, minimizing staff, and taking all other appropriate measures to prevent the spread of disease; and WHEREAS, the Mayor of the City of Denton determined that extraordinary measures must be taken by temporarily limiting the number of persons allowed to convene in a single location; temporarily closing City buildings, facilities, and limiting certain uses thereof; temporarily postponing all non-essential municipal court proceedings; providing resources to prevent eviction due to COVID-19 impact; and temporarily suspending all City utility shut -offs to residential customers; and WHEREAS, on March 13, 2020, the Mayor executed a "Declaration of Local Disaster for Public Health Emergency" and an "Order of the Mayor of the City of Denton" pursuant to the Declaration; and WHEREAS, finding it in the best interest of the citizens of Denton, on March 17, 2020, the City Council, through Ordinance No. 20-721, extended the Declaration of Emergency through April 30, 2020 and issued an Order of the Council of the City of Denton, attached thereto as Exhibit "C," including the authorization to expend no more than Five Hundred Fifty Thousand Dollars ($550,000.00) during this period to proceed with the necessary emergency responses and essential functions not already budgeted; and WHEREAS, City of Denton Code of Ordinances Section 9-54(b) provides for penalties for violation of proclamations of emergency and any rule, regulation, or order issued pursuant to such proclamation and Chapter 9 of the City of Denton Code of Ordinances; and WHEREAS, information about COVID-19 continues to evolve and measures must be taken to respond to the latest information available; and WHEREAS, following updated information on the spread of COVID-19, the City Council amended the Order of Council on March 20, 2020; and WHEREAS, as COVID-19 continued to spread throughout the City and County of Denton, the Mayor issued a Second Declaration of Local Disaster on March 24, 2020, attached hereto as Exhibit "A," and an "Order of the Mayor of the City of Denton" pursuant to the Second Declaration, attached hereto as Exhibit `B," extending measures in an attempt to slow the spread of the disease; and WHEREAS, Governor Greg Abbott issued Executive Order GA -14 on March 31, 2020, further limiting public gatherings and defining which "essential services" were to continue during the declared state-wide emergency; and WHEREAS, GA -14 expressly preempted local ordinances, declarations, and orders in conflict with it; and WHEREAS, in compliance and to be consistent with GA -14, the City Council passed a Second Order of Council on April 6, 2020, superseding and replacing the prior orders of Council; and WHEREAS, Governor Abbott issued Executive Order GA -16 on April 17, 2020, superseding GA -14, allowing retail stores to reopen under certain conditions and using certain procedures; and WHEREAS, on April 27, 2020, Governor Abbott issued Executive Order GA -18, further ordering that people minimize social gatherings and in-person contact with people not in the same household except where necessary to obtain essential or reopened services, and still expressly preempting local ordinances, declarations, and orders in conflict with his orders; and WHEREAS, on April 28, 2020, Denton County issued a new Disaster Declaration and Executive Order of the Denton County Commissioners Court, which extended the emergency declaration through May 15, 2020 and incorporated the provisions of GA -18 and the social distancing guidelines promulgated by the Centers for Disease Control; and WHEREAS, on April 30, 2020, the City Council in compliance and to be consistent with the Governor's Executive Orders and the County Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. May 31, 2020 and thereafter as any subsequent proclamation renews the Texas Governor's disaster proclamation; and WHEREAS, the City Council finds that it is in the best interest of the citizens of the City of Denton to supersede and replace the Third Order of the Council of the City of Denton dated April 30, 2020, confirming the expenditure of funds as previously authorized; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts, circumstances, and recitations contained in the preamble of this Ordinance are found and declared to be true and correct, and are incorporated herein by reference as if fully set out herein. SECTION 2. Pursuant to Section 218.108, Texas Government Code, and Section 9-27, City of Denton Code of Ordinances, Council confirms the effective period of Declaration of Local Disaster executed by the Mayor on March 13, 2020 is extended until 11:59 p.m. on May 31, 2020 and shall be further extended to the same date as any proclamation by the Governor of the State of Texas renewing the original March 13, 2020 COVID-19 proclamation in the interest of public health and safety in an attempt to prevent the spread of COVID-19, unless further extended, revised, or terminated by law. SECTION 3. The Council hereby adopts the Fourth Order of Council, dated May 5, 2020, attached hereto as Exhibit "A." SECTION 4. It is Council's intent that this Ordinance and the Order of Council attached hereto supersede and replace the prior Orders of Council, passed March 17, 2020 through Ordinance 20-420, March 20, 2020 through Ordinance 20-740, April 6, 2020 through Ordinance 20-812, and April 30 through Ordinance 20-873. To the extent those prior Orders conflict with the Order herein passed, they are repealed. SECTION 5. The City Council confirms the expenditure authority as further specified in Exhibit "A," including the authority previously granted to the City Manager to execute an Amendment with the United Way of Denton County Inc. regarding funds previously budgeted for the Barriers Fund. SECTION 6. The motion to approve this Ordinance was made by and seconded by ; the Ordinance was passed and approved by the following vote r - _] Aye Nay Abstain Absent Chris Watts, Mayor: Gerard Hudspeth, District 1: Keely G. 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 , 2020. CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: 4CO t___ frY 46 DENTON EXHIBIT A FOURTH ORDER OF THE COUNCIL OF THE CITY OF DENTON DATE ISSUED: MAY 5, 2020 Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted through person to person contact, especially in group settings, and it is essential that the spread of the virus be slowed to protect the ability of public and private health care providers to handle the influx of new patients and safeguard public health and safety. As the number of positive cases of COVID-19 continue to increase in the City of Denton, there is an immediate need to undertake the following measures described in this Order. This Order supersedes and replaces the Third Order of the City Council adopted on Thursday, April 30, 2020 (Ordinance No. 20-873). PURSUANT TO THE PRIOR DECLARATION EXTENDED BY COUNCIL ON APRIL 30, 2020 AND THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND SECTION 418.108 OF THE TEXAS GOVERNMENT CODE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDERS: 1. This Order pertaining to a Declaration of Local Disaster for Public Health Emergency, originally enacted by the Mayor on March 13, 2020 and extended by Council pursuant to ordinance, supersedes and replaces the prior Orders of the Mayor and of Council. The Order shall take effect at 11:59 p.m. on May 5, 2020 and continue through 11:59 p.m. on May 31, 2020. 2. Effective as of 11:59 p.m. on May 5, 2020: a. It is recommended that all individuals currently living within the City of Denton STAY AT HOME or their current place of residence. For the purposes of this Order, residences include hotels, motels, shared rentals, and similar facilities. To the extent individuals are using shared or outdoor spaces, they must at all times as reasonably as possible maintain social distancing of at least six feet from any other person when they are outside their residence. b. All businesses operating within the City of Denton shall abide by the regulations set out in Gubernatorial Executive Order GA -18, signed by Governor Abbott on April 27, 2020, as may be further amended. The restrictions and prohibitions of GA -18 are incorporated herein by reference as if set out fully herein. To the greatest extent possible, all essential businesses and reopened services shall comply with the Social Distancing Guidelines promulgated by the United States Centers for Disease Control and Prevention (CDC), including maintaining six-foot social distancing for both employees and the general public. C. All elective medical, surgical, and dental procedures shall comply with the requirements of Gubernatorial Executive Order GA -19, as may be amended. 3. This Order hereby authorizes the use of all lawfully available enforcement tools found in Denton City Code, Chapter 9 (Emergency Management), state laws and gubernatorial orders, or federal laws. 4. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby ordered continued as set forth herein: a. All City Committee, Commission, and Board meetings are suspended through the term of this order, with the following exceptions: i. The Planning and Zoning Commission shall meet no more than twice per month; ii. The Public Utilities Board shall meet no more than twice per month; iii. The Civil Service Commission shall meet as needed; and iv. Other boards and commissions shall meet only as necessary to consider time - sensitive items critical for the continued operation of the City and provision of services to the public. b. City Council meetings shall be rescheduled as posted and may be conducted in accordance with alternate measures as permitted by law; C. Only electronic purchasing submissions shall be accepted; d. The City Manager or his designee is authorized to make application for local, state, and federal assistance as necessary and/or applicable; e. The City Manager or his designee is authorized to accept on behalf of the City services, gifts, grants, equipment, supplies, and/or materials whether from private, nonprofit, or government sources; f. The City Manager or his designee is authorized to terminate or suspend any event that is or may negatively impact the health, safety, and welfare of persons within the City; g. The City Manager is authorized to approve individual purchases and sign contracts up to $500,000.00 for general expenditures already budgeted or authorized by Section 7(k) of this Order; h. All City of Denton utility non-payment shut offs are suspended during the term of this Order and no penalties for non-payment of utilities under Ordinances 19-2140, 19-2136, 19-2137, 19-2138, or 18-1494 shall accrue during the pendency of this order or any extension hereof; and The City Manager is given authority to expend those previously budgeted funds of up to $100,000.00 as funding to the United Way of Denton County to assist individuals and families living in the City of Denton, who have experienced income or job loss directly resulting from COVID-19, in eviction avoidance; Page 2 of 3 j. The City Manager is authorized to expend no more than Eight Hundred Fifty Thousand Dollars ($850,000.00) from the general fund reserve balance during this period to proceed with the necessary emergency responses and essential functions not already budgeted, which includes the previously authorized. k. The City Manager is authorized to expend no more than the previously authorized Fifty Thousand Dollars ($50,000.00) from the customer service fund reserve balance during this period to increase utility assistance funding for FY 2019-2020 to One Hundred Seventy -Five Thousand Dollars ($175,000.00). 1. All non-essential in-person court proceedings in the Municipal Court No. 1 of the City of Denton are postponed. All such proceedings will be rescheduled following the term of this Order. Court proceedings that may be conducted remotely may be held at their scheduled time, or rescheduled during the term of this order if such proceeding has already been postponed. No fine, penalty, or punishment shall issue against a party because of the postponement ordered herein. Municipal Court No. 1 shall continue to hear all proceedings deemed essential by the state Office of Court Administration, including search and arrest warrant requests, arraignments, criminal magistration proceedings, and requests for temporary restraining orders. in. Due to increased demand for household products and groceries resulting from stock up buying and individuals who purchase for resale, retail suppliers shall use common sense rationing of household products and groceries that are in limited supply. 5. Copies of this Order shall be promptly provided to the City Secretary for filing and posting on the City's website and in other conspicuous places. IT IS SO ORDERED PURSUANT TO ORDINANCE NO. Mayor Chris Watts City of Denton Page 3 of 3 ORDINANCE NO. 20-873 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME—RULE MUNICIPAL CORPORATION, EXTENDING THE EFFECTIVE PERIOD OF THE DECLARED STATE OF LOCAL DISASTER; SUPERSEDING AND REPLACING THE SECOND ORDER OF COUNCIL OF THE CITY OF DENTON ISSUED APRIL 6, 2020 APPROVED BY ORDINANCE 20-812; CONFIRMING AND AUTHORIZING THE EXPENDITURE OF FUNDS; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS- CoV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization; and WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death; and WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently increasing daily; and WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout the City of Denton and Denton County, including the limitation of community gatherings and requiring individuals, groups of individuals, or property to be subject to additional measures that prevent or control the spread of disease; and WHEREAS, the State Office of Court Administration, in consultation with the Supreme Court, Court of Criminal Appeals, and Regional Judges, has provided guidance recommending postponement of all non-essential court proceedings, minimizing staff, and taking all other appropriate measures to prevent the spread of disease; and WHEREAS, the Mayor of the City of Denton determined that extraordinary measures must be taken by temporarily limiting the number of persons allowed to convene in a single location; temporarily closing City buildings, facilities, and limiting certain uses thereof; temporarily postponing all non-essential municipal court proceedings; providing resources to prevent eviction due to COVID-19 impact; and temporarily suspending all City utility shut -offs to residential customers; and WHEREAS, on March 13, 2020, the Mayor executed a "Declaration of Local Disaster for Public Health Emergency" and an "Order of the Mayor of the City of Denton" pursuant to the Declaration; and WHEREAS, finding it in the best interest of the citizens of Denton, on March 17, 2020, the City Council, through Ordinance No. 20-721, extended the Declaration of Emergency through April 30, 2020 and issued an Order of the Council of the City of Denton, attached thereto as Exhibit "C," including the authorization to expend no more than Five Hundred Fifty Thousand Dollars ($550,000.00) during this period to proceed with the necessary emergency responses and essential functions not already budgeted; and WHEREAS, City of Denton Code of Ordinances Section 9-54(b) provides for penalties for violation of proclamations of emergency and any rule, regulation, or order issued pursuant to such proclamation and Chapter 9 of the City of Denton Code of Ordinances; and WHEREAS, information about COVID-19 continues to evolve and measures must be taken to respond to the latest information available; and WHEREAS, following updated information on the spread of COVID-19, the City Council amended the Order of Council on March 20, 2020; and WHEREAS, as COVID-19 continued to spread throughout the City and County of Denton, the Mayor issued a Second Declaration of Local Disaster on March 24, 2020, attached hereto as Exhibit "A," and an "Order of the Mayor of the City of Denton" pursuant to the Second Declaration, attached hereto as Exhibit `B," extending measures in an attempt to slow the spread of the disease; and WHEREAS, Governor Greg Abbott issued Executive Order GA -14 on March 31, 2020, further limiting public gatherings and defining which "essential services" were to continue during the declared state-wide emergency; and WHEREAS, GA -14 expressly preempted local ordinances, declarations, and orders in conflict with it; and WHEREAS, in compliance and to be consistent with GA -14, the City Council passed a Second Order of Council on April 6, 2020, superseding and replacing the prior orders of Council; and WHEREAS, Governor Abbott issued Executive Order GA -16 on April 17, 2020, superseding GA -14, allowing retail stores to reopen under certain conditions and using certain procedures; and WHEREAS, on April 27, 2020, Governor Abbott issued Executive Order GA -18, further ordering that people minimize social gatherings and in-person contact with people not in the same household except where necessary to obtain essential or reopened services, and still expressly preempting local ordinances, declarations, and orders in conflict with his orders; and WHEREAS, on April 28, 2020, Denton County issued a new Disaster Declaration and Executive Order of the Denton County Commissioners Court, which extended the emergency declaration through May 15, 2020 and incorporated the provisions of GA -18 and the social distancing guidelines promulgated by the Centers for Disease Control; and WHEREAS, the City Council finds that it is in the best interest of the citizens of the City of Denton to, in compliance and to be consistent with the Governor's Executive Orders and the County Orders, extend the effectiveness of the Declaration of Local Disaster until 11:59 p.m. May 31, 2020 and to extend thereafter as any subsequent proclamation renews the Texas Governor's disaster proclamation, and supersede and replace the Second Order of the Council of the City of Denton dated April 6, 2020, confirming the expenditure of funds as previously authorized; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts, circumstances, and recitations contained in the preamble of this Ordinance are found and declared to be true and correct, and are incorporated herein by reference as if fully set out herein. SECTION 2. Pursuant to Section 218.108, Texas Government Code, and Section 9-27, City of Denton Code of Ordinances, the effective period of Declaration of Local Disaster executed by the Mayor on March 13, 2020 is extended until 11:59 p.m. on May 31, 2020 and shall be further extended to the same date as any proclamation by the Governor of the State of Texas renewing the original March 13, 2020 COVID-19 proclamation in the interest of public health and safety in an attempt to prevent the spread of COVID-19, unless further extended, revised, or terminated by law. SECTION 3. The Council hereby adopts the Third Order of Council, dated April 30, 2020, attached hereto as Exhibit "A." SECTION 4. It is Council's intent that this Ordinance and the Order of Council attached hereto supersede and replace the prior Orders of Council, passed March 17, 2020 through Ordinance 20-420, March 20, 2020 through Ordinance 20-740, and April 6, 2020 through Ordinance 20-812. To the extent those prior Orders conflict with the Order herein passed, they are repealed. SECTION 5. The City Council confirms the expenditure authority as further specified in Exhibit "A," including the authority previously granted to the City Manager to execute an Amendment with the United Way of Denton County Inc. regarding funds previously budgeted for the Barriers Fund. SECTION 6. The motion to approve this Ordinance was made by i and seconded by;the Ordinance was passed and ap oved by the following vote L] AAye Nay Abstain Absent Chris Watts, Mayor: ✓ Gerard Hudspeth, District 1: ✓ Keely G. 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 / '2020. ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY �1 t CHRIS WATTS, MAYOR EXHIBIT A CITY OF DENTON THIRD ORDER OF THE COUNCIL OF THE CITY OF DENTON DATE ISSUED: APRIL 30, 2020 Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted through person to person contact, especially in group settings, and it is essential that the spread of the virus be slowed to protect the ability of public and private health care providers to handle the influx of new patients and safeguard public health and safety. As the number of positive cases of COVID-19 continue to increase in the City of Denton, there is an immediate need to undertake the following measures described in this Order. This Order supersedes and replaces the Second Order of the City Council adopted on Monday, April 6, 2020 (Ordinance No. 20-812). PU ItSUANT TO THE PRIOR DECLARATION EXTENDED BY COUNCIL ON APRIL 30, 2020 AND THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND SECTION 418.108 OF THE TEXAS GOVERNMENT CODE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDERS: 1. This Order pertaining to a Declaration of Local Disaster for Public Health Emergency, originally enacted by the Mayor on March 13, 2020 and extended by Council pursuant to ordinance, supersedes and replaces the prior Orders of the Mayor and of Council. The Order shall take effect at 11:59 p.m. on April 30, 2020 and continue through 11:59 p.m. on May 15, 2020. 2. Effective as of 11:59 p.m. on April 30, 2020: a. It is recommended that all individuals currently living within the City of Denton STAY AT HOME or their current place of residence. For the purposes of this Order, residences include hotels, motels, shared rentals, and similar facilities. To the extent individuals are using shared or outdoor spaces, they must at all times as reasonably as possible maintain social distancing of at least six feet from any other person when they are outside their residence. b. All businesses operating within the City of Denton shall abide by the regulations set out in Gubernatorial Executive Order GA -18, signed by Governor Abbott on April 27, 2020, as may be further amended. The restrictions and prohibitions of GA -18 are incorporated herein by reference as if set out fully herein. To the greatest extent possible, all essential businesses and reopened services shall comply with the Social Distancing Guidelines promulgated by the United States Centers for Disease Control and Prevention (CDC), including maintaining six-foot social distancing for both employees and the general public. C. All elective medical, surgical, and dental procedures shall comply with the requirements of Gubernatorial Executive Order GA -19, as may be amended. 3. This Order hereby authorizes the use of all lawfully available enforcement tools found in Denton City Code, Chapter 9 (Emergency Management), state laws and gubernatorial orders, or federal laws. 4. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby ordered continued as set forth herein: a. All City Committee, Commission, and Board meetings are suspended through the term of this order, with the following exceptions: i. The Planning and Zoning Commission shall meet no more than twice per month and only to consider applications subject to state law -imposed deadlines; ii. The Public Utilities Board shall meet no more than twice per month; iii. The Civil Service Commission shall meet as needed; and iv. Other boards and commissions shall meet only as necessary to consider time - sensitive items critical for the continued operation of the City and provision of services to the public. b. City Council meetings shall be rescheduled as posted and may be conducted in accordance with alternate measures as permitted by law; Only electronic purchasing submissions shall be accepted; d. No development applications listed in Table 2.2-A in the Denton Development Code shall be accepted for the term of this Order or any extension hereof; The City Manager or his designee is authorized to make application for local, state, and federal assistance as necessary and/or applicable; f. The City Manager or his designee is authorized to accept on behalf of the City services, gifts, grants, equipment, supplies, and/or materials whether from private, nonprofit, or government sources; g. The City Manager or his designee is authorized to terminate or suspend any event that is or may negatively impact the health, safety, and welfare of persons within the City; h. The City Manager is authorized to approve individual purchases and sign contracts up to $500,000.00 for general expenditures already budgeted or authorized by Section 7(k) of this Order; i. All City of Denton utility non-payment shut offs are suspended during the term of this Order and no penalties for non-payment of utilities under Ordinances 19-2140, 19-2136, 19-2137, 19-2138, or 18-1494 shall accrue during the pendency of this order or any extension hereof, and j. The City Manager is given authority to expend those previously budgeted funds of up to $100,000.00 as funding to the United Way of Denton County to assist individuals and Page 2 of 3 families living in the City of Denton, who have experienced income or job loss directly resulting from COVID-19, in eviction avoidance; k. The City Manager is authorized to expend no more than Eight Hundred Fifty Thousand Dollars ($850,000.00) from the general fund reserve balance during this period to proceed with the necessary emergency responses and essential functions not already budgeted, which includes the previously authorized. 1. The City Manager is authorized to expend no more than the previously authorized Fifty Thousand Dollars ($50,000.00) from the customer service fund reserve balance during this period to increase utility assistance funding for FY 2019-2020 to One Hundred Seventy -Five Thousand Dollars ($175,000.00). in. All non-essential in-person court proceedings in the Municipal Court No. 1 of the City of Denton are postponed. All such proceedings will be rescheduled following the term of this Order. Court proceedings that may be conducted remotely may be held at their scheduled time, or rescheduled during the term of this order if such proceeding has already been postponed. No fine, penalty, or punishment shall issue against a party because of the postponement ordered herein. Municipal Court No. 1 shall continue to hear all proceedings deemed essential by the state Office of Court Administration, including search and arrest warrant requests, arraignments, criminal magistration proceedings, and requests for temporary restraining orders. n. Due to increased demand for household products and groceries resulting from stock up buying and individuals who purchase for resale, retail suppliers shall use common sense rationing of household products and groceries that are in limited supply. 5. Copies of this Order shall be promptly provided to the City Secretary for filing and posting on the City's website and in other conspicuous places. IT IS SO ORDERED PU NT TO ORDINANCE NO. 20-873 r/A Mayor Chris Watts City of Denton Page 3 of 3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON Legislation Text File #: ID 20-928, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, approving First Amendment of Lease between the City and 4SR Mulberry, LLC, a Texas limited liability company, related to a Building Lease Agreement for properties located at 215 W. Hickory St. and 216 W. Mulberry St., Denton, Texas; providing authority for the City Manager to execute the amendment; and, providing an effective date. City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton - City Hall 215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: May 5, 2020 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, approving First Amendment of Lease between the City and 4SR Mulberry, LLC, a Texas limited liability company, related to a Building Lease Agreement for properties located at 215 W. Hickory St. and 216 W. Mulberry St., Denton, Texas; providing authority for the City Manager to execute the amendment; and, providing an effective date. INFORMATION/BACKGROUND The City of Denton entered into an 84 -month building lease agreement commencing on July 1, 2016 for use as the Development Services Building (formerly known as the "DATCU"). On April 21, 2020, in a City Council Work Session; as a result of the COVID-19 pandemic, staff provided Council various considerations to reduce expenses as part of the City's overall budget reduction strategy. A component of the strategy was an early termination of the building lease agreement with 4SR Mulberry, LLC. Staff informed the owners of the building that Council would be considering an early termination on April 21, 2020. The owners have signed the attached lease amendment with a termination date effective August 31, 2020 (Exhibit 2). The proposed amendment of the lease to 50 months results in approximately $1.2M aggregate savings and $425K savings in FY 2020-21. As an outcome of the City Council Work Session, staff was directed to prepare an amendment to the existing lease, terminating the lease effective August 31, 2020. RECOMMENDATION Staff recommends approval of the ordinance amending the Building Lease Agreement with 4SR Mulberry, LLC, effective August 31, 2020. EXHIBITS 1. Agenda Information Sheet 2. Ordinance with signed Respectfully submitted: Scott A. McDonald Director, Development Services Prepared By: Scott A. McDonald ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, APPROVING FIRST AMENDMENT TO LEASE BETWEEN THE CITY AND 4SR MULBERRY, LLC, A TEXAS LIMITED LIABILITY COMPANY, RELATED TO A BUILDING LEASE AGREEMENT FOR PROPERTIES LOCATED AT 215 W. HICKORY ST. AND 216 W. MULBERRY ST., DENTON, TEXAS; PROVIDING AUTHORITY FOR THE CITY MANAGER TO EXECUTE THE AMENDMENT; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 10, 2016, the City executed a Building Lease Agreement ("Lease") with 4SR Mulberry, LLC, for the properties located at 215 W. Hickory St. and 216 W. Mulberry St., Denton, Texas (Ordinance No. 2016-031); WHEREAS, the Lease commenced on July 1, 2016 and had a term of 84 months; and WHEREAS, the COVID-19 pandemic has required the City to immediately reduce expenditures due to the substantial loss of revenues as a direct result of the pandemic; and WHEREAS, as part of the City's budget reduction strategy, the City desires to terminate the Lease on August 31, 2020; and WHEREAS, 4SR has agreed to amend the Lease and change the termination date to August 31, 2020 and change the term to 50 months; and WHEREAS, The National Bank of Texas at Fort Worth, a national bank, 4SR's lender, has consented to the amendment of the Lease; and WHEREAS, the City Council finds that it is in the best interest of the public to amend the Lease as set forth herein; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 2. The City Manager, or his designee, is authorized to execute, on behalf of the City of Denton, the First Amendment to Lease attached hereto as Exhibit "A" and incorporated herein. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by the ordinance was passed and approved by the following vote Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. 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 2016. CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY IM APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY ZMAMA, rll— EXHIBIT "A" FIRST AMENDMENT TO LEASE This FIRST AMENDMENT TO LEASE (this "Amendment") is between 4SR MULBERRY, LLC, a Texas limited liability company ("Landlord"), and the CITY OF DENTON, a home -rule municipal corporation ("Tenant"). Preliminary Statements: The following Preliminary Statements are a material part of this Amendment: A. Landlord and Tenant entered into a Building Lease Agreement ("Lease") effective February 10, 2016 (City of Denton Ordinance No. 2016-031 signed February 2, 2016), wherein Tenant leased from Landlord the (a) building located at 215 W. Hickory St., (b) the building located at 216 W. Mulberry St., and (c) and any improvements and parking lots associated with each building, with all being situated in Denton, Denton County, Texas, and more particularly described in Exhibit "A" to the Lease ("Premises"). B. Tenant is taking emergency actions to reduce expenditures due to the substantial loss of revenues as a direct result of the COVID-19 pandemic, and Tenant desires to terminate the Lease as part of the City of Demon's budget reduction strategies in response to the COVID-19 pandemic. C. Landlord and Tenant have agreed to amend the terms of the Lease upon the terms and conditions set forth in this Amendment. D. Landlord's mortgagee, The National Bank of Texas at Fort Worth, a national bank, consents to this Amendment. Agreements: NOW, THEREFORE, for and in consideration of the covenants and premises contained in this Amendment, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by Landlord and Tenant, Landlord and Tenant agree as follows: 1. Term of Lease. The "Tenn" under the Lease is amended to be 50 months and the "Termination Date" under the Lease is amended to be August 31, 2020. 2. Tenant Shall Not Exercise Its Unilateral Rights to Terminate the Lease. Tenant shall not exercise its rights to unilaterally terminate the Lease as allowed under paragraph D.36. (Early Termination) or paragraph D.37 (Funding and Non -Appropriation) under the Lease. 3. No Option to Extend. Paragraph D.19 (Extension Option) is deleted and of no further force or effect. 4. Releases. (a) Tenant remises, releases, acquits and forever discharges Landlord and Landlord's members, managers, employees, agents, attorneys, representatives, successors and Z� First Amendment to Lease (215 W. Hickory l City of Denton) 1 Error'. Unknown document property name. assigns from any and all claims, actions, causes of action, damages, debts, accounts, reckonings, demands, and liabilities of any nature whatsoever, whether at law or in equity, which Tenant now has or may have by reason of any matter, cause or thing arising under the Lease and this Amendment from the beginning of the world to and including the date of this Amendment. In no event shall Landlord be liable to Tenant for any consequential, punitive, special or extraordinary damages or the like arising from any default, breach, act or omission occurring on the part of Landlord under or in connection with this Lease. (b) Landlord remises, releases, acquits and forever discharges Tenant and its elected officials, officers, directors, managers, employees, representatives, servants and agents and all persons acting by, through, under, or in concert with Tenant, both personally and as its agents, from any and all claims, actions, causes of action, damages, debts, accounts, reckonings, demands, and liabilities of any nature whatsoever, whether at law or in equity, which Landlord now has or may have by reason of any matter, cause or thing arising under the Lease and this Amendment from the beginning of the world to and including the date of this Amendment, except for (i) any damage, except for ordinary wear and tear, to the Premises, Personal Property or Leasehold Improvements, (ii) Tenant's failure to perform its maintenance and repair obligations under the Lease, and (iii) any violation by Tenant of paragraph D.18 (Hazardous Materials) of the Lease. In no event shall Tenant be liable to Landlord for any consequential, punitive, special or extraordinary damages or the like arising from any default, breach, act or omission occurring on the part of Tenant under or in connection with this Lease. 5. Representations and Warranties. Landlord and Tenant represent and warrant to each other respectively that they have the requisite power and authority to enter into this Amendment; that all necessary and appropriate approvals, authorizations and other steps have been taken to effect the legality of this Amendment; that the signatories executing this Amendment on behalf of Landlord and Tenant have been duty authorized and empowered to execute this Amendment on behalf of Landlord and Tenant, respectively; and that this Amendment is valid and shall be binding upon and enforceable against Landlord and Tenant and their respective successors and assigns and shall inure to the benefit of Landlord and Tenant and their respective successors and assigns. 6. Defined Terms. All undefined capitalized terms in this Amendment shall have the same meanings as in the Lease, unless otherwise defined herein. 7. Ratificatiom Effect of Amendment. Except as specifically modified by this Amendment, all the terms and conditions of the Lease remain in full force and effect, unmodified by this Amendment, and are ratified and confirmed by Landlord and Tenant. Notwithstanding the foregoing, in the event there is any conflict between the terms and provisions of the Lease and this Amendment, the terms and provisions of this Amendment shall control. Governing Law; Venue. (a) This Amendment and its validity, enforcement, and interpretation shall be governed by the laws of the state of Texas. (b) Exclusive venue is agreed to be in Denton County, Texas. l� 5� First Amendment to Lease (215 W. Hickory /City of Denton) 2 (Final Version -05012020) 9. Binding Effect. This Amendment shall be binding upon and inure to the benefit of the parries hereto and their respective successors and assigns. 10. Headings. The paragraph headings in this Amendment are for convenience only, shall in no way define or limit the scope or content of this Amendment and shall not be considered in any construction or interpretation of this Amendment or any part hereof. 11. Entire Agreement. The Lease, as modified by this Amendment, contains the entire agreement between the partes with respect to the subject matter hereof, and no promise, representation, warranty, or covenant not included in this Amendment has been or is relied upon by either party. 12. Counterparts. This Amendment may be executed in one (1) or more counterparts, all of which will be considered one and the same Amendment and will become effective when one (1) or more counterparts have been signed by each of the parries and delivered to the other parties, regardless of whether all the parties have executed the same counterpart, and each of which will be deemed an original for all purposes of this Amendment. Counterparts may be delivered via facsimile or electronic mail (including .pdf) or other transmission method and any counterparts so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. 13. Effective Date. This Amendment is effective when executed by the Tenant. [Signatures on following page] l� First Amendment to Lease (215 W. Hickory /City of Denton) 3 (Final Version — 05012020) IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Amendment as indicated below. LANDLORD: 4SR MULBERRY, LLC, a Texas limited liability company al LO Billy D. Stevens, Jr., Managing Member Signed on the day of LLTK Realty, LLC, Managing Member Lawrence S. Mozdzyn, Manager Ko Vii] Signed on the 1 St day of May , 2020 First Amendment to Lease (215 W. Hickory 1 City of Denton) 4 (Final Version — 05012020) TENANT: CITY OF DENTON, a Texas home -rule municipal corporation 0 Todd Hileman, City Manager Signed on the _ day of 2020. Approved as to form: Aaron Leal, City Attorney V `j lv First Amendment to Leese (215 W. Hickory / City of Denton) 5 (Final Version — 05012020) Acknowledgement of Landlord's Mortgagee: By executing this Amendment, the undersigned mortgagee hereby consents to Landlord and Tenant entering into this agreement. THE NATIONAL BANK OF TEXAS AT FORT WORTH, A NATIONAL BANK By: Signature U161— D:AaacL. _ Printed Name Ct 9 Title �r Signed on the day of 2020. First Amendment to Lease (215 W. Hickory / City of Denton) 6 (Final Version — 05012020) City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 20-930, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton approving and authorizing the City Manager or his designee to sign a Second Amendment to Medical Office Building Lease by and between Columbia Medical Center of Denton Subsidiary, L.P. and the City of Denton for the continued use and occupancy of the premises at 3535A-1 South I -35E Denton, Texas by the City of Denton Fire Department; authorizing the City Manager to sign a letter agreement related to the same property for a two month rent abatement and two month lease extension; authorizing the expenditure of funds therefor; and providing an effective date. City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton City Hall 215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CM/DCM: Mario Canizares DATE: May 5, 2020 SUBJECT Consider adoption of an ordinance of the City of Denton approving and authorizing the City Manager or his designee to sign a Second Amendment to Medical Office Building Lease by and between Columbia Medical Center of Denton Subsidiary, L.P. and the City of Denton for the continued use and occupancy of the premises at 3535A-1 South I -35E Denton, Texas by the City of Denton Fire Department; authorizing the City Manager to sign a letter agreement related to the same property for a two month rent abatement and two month lease extension; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND The City of Denton entered into a three-year lease agreement that commenced on February 8, 2017 for office space, temporary housing, and sleeping quarters for Fire personnel at Medical City Denton (formerly Denton Regional Medical Center). The original lease did not include a renewal option but did contain an auto extension clause which began March 2020 and continues until the lease renewal commences. The Fire Department has requested to extend the existing lease term for an additional year, with two one-year renewal options until construction of the new Fire Station 8 is complete. Upon renewal, the annual lease cost will be $21,035.70, a 3% increase over the previous rent rate, consistent with rate increases in the existing lease. As is being offered for the City's Wellness Clinic lease, due to the COVID-19 pandemic, Medical City Denton is offering the Fire Department a two (2) month rent abatement. The City would not be charged monthly rent in the amount of $1,752.98 during May and June 2020 in exchange for extending the City's lease agreement for an additional two (2) months. The City is currently in the process of extending its current lease for an additional year, through May 2021. If the City pursues the rent deferral, the lease agreement would be extended to July 2021. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 8, 2016, City Council adopted Ordinance 2016-353 authorizing the City Manager to sign a Medical Office Building Lease with a three-year cost of $60,703.02. RECOMMENDATION Authorize the amendment to extend the existing lease for the City's Fire Department and authorize a two- month payment abatement. ESTIMATED SCHEDULE OF PROJECT The proposed lease extension will commence on the date the lease is executed and will expire April 30, 2021. If Council approves a deferral, the lease agreement will be amended to expire June 30, 2021, unless the renewal option is exercised. FISCAL INFORMATION Funding for this expenditure are budgeted in 320100.7922. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance with 2nd Amendment to Lease Exhibit 3: Letter from Columbia Medical Center of Denton Subsidiary, L.P. Respectfully submitted: DeAnna Cody, 940-349-8252 Deputy Director -Capital Projects -Real Estate Legal point of contact: Trey Lansford, 940-349-8132. [01:,011hi. L-W[a7X►[S] AN ORDINANCE OF THE CITY OF DENTON, APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN A SECOND AMENDMENT TO MEDICAL OFFICE BUILDING LEASE BY AND BETWEEN COLUMBIA MEDICAL CENTER OF DENTON SUBSIDIARY, L.P. AND THE CITY OF DENTON FOR THE CONTINUED USE AND OCCUPANCY OF PREMISES AT 3535A-1 SOUTH I -35E DENTON, TEXAS BY THE CITY OF DENTON FIRE DEPARTMENT; AUTHORIZING THE CITY MANAGER TO SIGN A LETTER AGREEMENT RELATED TO THE SAME PROPERTY FOR A TWO MONTH RENT ABATEMENT AND TWO MONTH LEASE EXTENSION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") has previously entered into a three (3) year Medical Office Building Lease and First Amendment to Medical Office Building Lease agreement (collectively, the "Lease") with Columbia Medical Center of Denton Subsidiary, L.P. ("Columbia"), to lease space at 3535A-1 South I- 35E, Denton, Texas 76210 (the "Medical Center") for the use and occupancy of space to house the City's Fire Department until the construction of Fire Station 8 is completed; and WHEREAS, in order to continue to use and occupy the premises until the construction of Fire Station 8 is complete, the City desires a Second Amendment to Medical Office Building Lease �"-Second Amendment") to renew At-exi-sting Lease -for one year, with two renewal options; and WHEREAS, Columbia has offered the City a two (2) month rent abatement in exchange for a two (2) month extension to the Second Amendment ("Abatement"); and WHEREAS, the City Council deems it is in the public interest to enter into a Second Amendment to Medical Office Building Lease for the Fire Department and to accept the proffered abatement of rent for a two (2) month lease extension; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The Second Amendment and Abatement are hereby approved. The City Manager, or his designee, is hereby authorized to execute the Second Amendment and Abatement, both attached hereto and incorporated herein by reference, and to carry out the duties and responsibilities of the City under the Second Amendment and Abatement. SECTION 3. The City Manager, or his designee, is authorized to expend such funds and perform such obligations as required in the Amendment and Abatement. SECTION 4. The City Manager, or his designee, is hereby further authorized to amend the Lease to extend the term of the Lease up to six (6) months beyond the term of the Second Amendment, as extended by the Abatement, in exchange for further rent abatement or deferment and is authorized to execute such further amendment(s) to the Lease and expend such funds and perform such obligations as required to accomplish such further amendment(s). SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by , following vote the ordinance was passed and approved by the � - � : Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. 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 2020. CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY mm APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY. DocuSign Envelope ID: 5194529A 547D-447A-9D26-42E36B670867 Standard Form Amendment 0312019 Education Building, 3535A South I -35E, Suite 3535A-1 Denton, Texas 76210 SECOND AMENDMENT TO MEDICAL OFFICE BUILDING LEASE THIS SECOND AMENDMENT TO MEDICAL OFFICE BUILDING LEASE (this "Amendment") is made as of Apri128.2020 (the "Date of this Amendment"), by and between Columbia Medical Center of Denton Subsidi L.P. ("Landlord") and Citv of Denton A Home Rule Municipal Corporation ("Tenant"), under the following circumstances: Landlord and Tenant have entered into that certain Medical Office Building Lease, dated as of November 8 2016 (such Iease as it may have been amended is hereinafter referred to as the "Lease"), whereby Landlord has leased to Tenant premises consisting of approximately 1.431 rentable square feet and known as Suite 3535A-1 (the "Premises") on the first 1st floor of the building located at 3535A South I -35E Denton. Texas 76210 (the `Building"); and Lease. Landlord and Tenant desire to enter into this Amendment in order to modify certain terms of the NOW THEREFORE, in consideration of the premises and the agreements and covenants contained herein, Landlord and Tenant agree that the Lease is amended and modified as follows: A. Amendments Term. The initial Term of the Lease is hereby extended for an additional period (the "Extended Term") commencing on the "Extended Term Commencement Date" (as defined below) and expiring at 11:59 p.m. on the "Extended Term Expiration Date" (as defined below). "Extended Term Commencement Date" shall mean the later of May 1" 2020 or the date of execution of this Amendment by Landlord as set forth in Landlord's signature block. "Extended Term Expiration Date" shall mean the later of A E 30, 2021 or the last day of the Extended Term Lease Year. "Extended Term tease Year" shall mean the period beginning on the Extended Term Commencement Date and ending on the first anniversary of the last day of the calendar month in which the Extended Term Commencement Date oecurs.(unless the -Extended Term. Commencement Date is the first day of a calendar month, in which event such first Extended Term Lease Year shall end on the day prior to the first anniversary of the Extended Term Commencement Date) and each twelve (12) month period thereafter during the Term of this Lease. 2. Base Rent. (a) Beginning on the Extended Term Commencement Date, the amount of Base Rent payable in accordance with Section 2 of the Lease shall be as provided, subject to adjustment as provided herein: Annual Base Rent Rate Annual Base Rent Monthly Rent Installment $14-70/r.s.f, $2L335.70 $1,752.98 (b) Base Rent is not subject to adjustment during the Extended Term. 3. If the Lease is in a One Year Extension Term at the time of the commencement of the Extended Term, then such One Year Extension Term shall terminate upon the commencement of the Extended Term. 4, The Lease is hereby amended by replacing Section 23 with the following Section 23 thereto: 23. Option to Terminate. So long as Tenant is not in default under the terms of this Lease, then subject to the terms of this Section, if Tenant relocates its fire department to a new fire station on the Hospital campus (the "New Building") Tenant may terminate this Lease at any time during the Tern of the Lease by giving Landlord not less than 90 days prior written notice of termination. Furthermore, subject to the terms ofthis Section, if Tenant relocates its fire department to the New Building, Landlord may terminate this Lease at any time by giving Tenant not less than 90 days prior written notice of termination. Landlord's receipt of a copy of the certificate of occupancy for the New Building shall be a condition precedent to the termination of this Lease under this Section. If such notice of termination and the delivery of the certificate of occupancy for the New Building each shall be duly given, then this Lease shall terminate upon the later of the following (the "Termination Date"): (i) the date of termination set forth in such notice, (ii) the 901 2020-00025o2 Docu5ign Envelope ID: 5194529A-5470.447A-9D26-42E36B670887 Education Building, 3535A South 1-35E, Suite 3535A-1 Denton, Texas 76210 day after the date Landlord receives such notice of termination, or (iii) such other date as may be agreed upon in writing by Landlord and Tenant. Tenant shall surrender the Premises to Landlord in accordance with the provisions of Section 16.1(a) of this Lease on or before the Termination Date. Notwithstanding anything to the contrary set forth herein, (x) no exercise of the foregoing termination option shall extend the term of this Lease and (y) if following the Termination Date, Tenant has not vacated and surrendered the Premises in accordance with Section 16. ] (a) of this Lease, then this Lease shall not terminate, but instead shall continue as an Unauthorized Holdover subject to Section 16.1(b). The parties agree that in the event this Lease is terminated pursuant to this Section, they shall not enter into a new lease or agreement for the lease or occupancy of the Premises by Tenant at any time prior to one year after the Commencement Date. Upon termination as provided above, both parties shall be released of all obligations and liabilities arising under this Lease following the effective date oftermination; provided that the parties shall remain liable under the provisions of the preceding sentence and for all obligations under this Lease that have accrued prior to such termination or are otherwise intended to survive termination of this Lease. The Lease is amended to add the following Section 24 thereto: SECTION 24. OPTION TO RENEW 24.1. Options to Renew Term. Tenant shall have two (2) options to extend the Term of this Lease by one (1J year each (each such optional extended term is hereinafter called an "Extended Term"). Each Extended Term shall be on and subject to the same terms, covenants and conditions as herein contained except as otherwise set forth in this Section 24. This option shall be exercised only by written notice from Tenant to Landlord and given no less than ninety (90) days prior to the expiration of the initial Term or the then expiring Extended Term, as the case may be. Notwithstanding anything to the contrary set forth herein, the term of this Lease shall not be extended for an Extended Term if Tenant is in default under the terms of this Lease at the time of the exercise of the option for such Extended Term or at the expiration of the term in which the option to extend is exercised. 24.2. Rent During Extended Term. Annual Base Rent per square foot for an Extended Tenn shall be. an amonatNual..to "Fair -Market Base Rental Rate''. As used herein the terra"Fair Market Base Rental Rate" shall be the fair market annual rental of the Premises determined by Landlord based on a survey of annual rental rates being charged in the market area which encompasses the Building, for space comparable to the Premises, taking into account the quality and age of the Building; the floor level, quality of tenant improvements provided and other relevant factors and assuming lease terms which allocate responsibility, charges and expenses for taxes, insurance and other costs of operating, maintaining and repairing the Building and the Premises in the same manner as this Lease. The current Base Rent Rate being charged by Landlord for other leases of space in the Building may be considered by Landlord in determining the Fair Market Rental Rate. The Fair Market Rental Rate shall be subject to such periodic annual adjustments as determined by Landlord to be consistent with fair market annual rental rates in the market area. As promptly as possible after Tenant exercises its option for the Extended Term, Landlord shall notify Tenant in writing of its determination of the Fair Market Base Rental Rate and the new proposed Base Rent for the Extended Term and the provisions for future periodic adjustments to Base Rent during the Extended Term, Within forty-five (45) days after Tenant's receipt of Landlord's notice and proposal, Tenant may withdraw its exercise of the option for the Extended Term, in which event this option shall be canceled and of no further force and effect. If Tenant does not withdraw its exercise of the option by the end of such forty-five (45) day period, then the new Base Rent and the provisions for periodic adjustments to Base Rent during the Extended Term shall be in accordance with the terms of Landlord's proposal as set forth in its notice to Tenant or, if applicable, any subsequent modified proposal approved in writing by both Landlord and Tenant. B. Miscellaneous Except as amended by this Amendment, the Lease is not otherwise amended, and the Lease is hereby ratified and confirmed and remains in full force and effect, as amended hereby. In the event of a conflict between the terms of this Amendment and the terms of the Lease, the terms of this Amendment shall control. This Amendment may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. Defined terms used in this Amendment not defined herein shall have the meaning set forth in the Lease. 2020.0002502 DocuSign Envelope ID: 5194529A-547D-447A-9D26.42E36B670887 Education Building, 3535A South I -35E, Suite 3535A-1 Denton, Texas 76210 IN WITNESS WHEREOF, the parties have duly executed this Amendment as of the day and year first above written TENANT: ATTEST: ROSA RIOS, CITY SECRETARY City of Denton, A Home Rule Municipal Corporation BY: By: APPROVED AS TO LEGAL FORM: (Signature) AARON LEAL, CITY ATTORNEY �/�iyf Name: Todd Hileman BYr ►`'� Title Cily Manager Date: THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED AS TO Financial and operational obligations and Business terms. ByR{�thcvsipW by. +�i�rlvi.rL Gamy DE%NULG"wWPUTY DIRECTOR Capit1tgT)"lea] Estate Date: WITNESS As to Landlord: (Witness Signature) (Witness Printed Name) (Witness Signature) (Witness Printed Name) LANDLORD, Columbia Medical Center of Denton Subsidiary, L.P. By: Columbia North Texas Subsidiary GP, LLC Its: General Partner By: (Signature) Name: Nicholas L. Paul Title: Vice President Date: 2020-0002502 3 LEASE AMENDMENT LETTER AGREEMENT ("Amendment") Al2ril 17, 2020 Cily of Denton Texas A Home Rule Munici al Corporation 332 E. Hickoi Denton, TX 76201 Re: Medical Office Building Lease or Medical Office License Agreement (as applicable) dated November 8 2016 between Columbia Medical Center of Denton Subsidiary, L.P, as Landlord, and Cijy of Denton Texas A Home Rule Municipal Co oration, as Tenant, for Premises known as Suite 3535A-1 in the building Iocated at 3535A South I -35E Denton Texas 76210 (including any amendments, the "Lease") Dear City of Denton Texas A Home Rule Municipal Corporation: Thank you for being such a valued tenant. You have informed us that you wish to receive a Rent Deferment Period (defined below) from the Landlord during which certain portions of rent payable under your Lease would not be payable by you under the Lease. By signing this Amendment below, each of the Landlord and Tenant make the agreements, amendments and representations set forth in this Amendment. The Landlord and Tenant agree that the Lease is hereby deemed amended to provide for and include all of the following: 1. Rent Deferment Period. Effective as of the date this Amendment has been fully executed by the Landlord and the Tenant, Tenant's obligations under the Lease to pay Rent (as defined below) shall be abated for a two-month period of either (a) April 2020 and May 2020 or (b) May 2020 and June 2020 (such 2 -month period being called the "Rent Deferment Period"). "Rent" as used in this Amendment shall mean the following if and to the extent the following are defined in and payable under the Lease: Base Rent, Tenant's Proportionate Share of Operating Costs, Tenant's Proportionate Share of Excess Operating Costs, Tenant's Proportionate Share of Excess TIU Costs, Tenant's Proportionate Share of Excess Real Estate Taxes, License Fee, Storage Space Fee and FF&E Rent; provided, however, that Rent as used in this Amendment shall not include the following obligations and the following obligations are not forgiven, deferred, abated, or waived hereby: (a) any taxes that Tenant is required by the Lease to pay directly to the taxing authority; (b) any premium for any insurance policy that Tenant is required to obtain under the Lease; (c) any utilities that Tenant is required by the Lease to: (1) pay directly to the utility carrier or provider, or (2) reimburse to Landlord in full (rather than as a proportionate share), and (d) any other sum payable by Tenant under the Lease that is not expressly included above in the definition of Rent. Tenant shall indicate its election of the months constituting the Rent Deferment Period as either (a) or (b) by checking the applicable box near its signature to this Amendment. If no box is checked, the parties agree that the Rent Deferment Period shall be (b) May 2020 and June 2020. 2. Extended Terra; Extended Term Base Rent. In consideration for the Rent Deferment Period, the Term of the Lease is hereby extended for an additional period of two (2) months (such additional two months being called the "Extended Months"). The Extended Months will be on and subject to the same terms, covenants, and conditions as if the Extended Months were originally part of the current Term of the Lease, and the monthly Base Rent or License Fee, as the case may be, payable during the Extended Months shall equal the Base Rent or License Fee payable for the month immediately preceding the commencement of the Extended Months. 3. Effect of Amendments. You agree to timely perform and continue to perform all terms and obligations under your Lease as amended hereby, including without limitation the obligation to make all payments under your Lease other than Rent during the Rent Deferment Period. Except as amended by this Amendment, the Lease is not otherwise amended, and the Lease is hereby ratified and confirmed and remains in full force and effect, as amended hereby. Any oral statements regarding the subject matter of this Amendment are merged herein. Neither the Lease nor this Amendment may be modified or amended except in writing signed by Landlord and Tenant. 4. Counterparts and Electronic Signatures. This Amendment and any other or future amendments may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile or by email in portable document format and signatures electronically signed in accordance with the Uniform Electronic Transaction Act, as adopted in the state in which the Premises are located, and with the United States ESIGN Act, shall have the same effect as the delivery of original signatures and shall be binding upon and enforceable against the parties hereto as if such facsimile were an original executed counterpart. 5. Waiver. Neither the rent abatement described in this Amendment, nor any waiver by Landlord of any breach or default of any term, agreement, covenant, or condition of the Lease, as amended hereby, shal I be deemed to be a waiver of any other term, agreement, covenant, or condition hereof or of any subsequent breach by Tenant of the same or any other term, agreement, covenant, or condition. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to render unnecessary the obtaining of Landlord's consent to or approval of any subsequent act of Tenant, whether or not similar to the act so consented to or approved. No act or thing done by Landlord or Landlord's agents during the Term of the Lease shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord. The subsequent acceptance of Rent shall not be deemed a waiver of any preceding breach by Tenant of any agreement, covenant or obligation of Tenant or any other term or condition of the Lease. No delay in billing or any failure to bill Tenant for any Rent, nor any inaccurate billing of Rent shall constitute a waiver by Landlord of its right to collect and to enforce Tenant's obligation to pay the full amount of Rent due and payable under the Lease, as amended by this Amendment, and as the same may be adjusted or increased from time - to -time. 6. Regulatory Matters. Landlord and Tenant enter into this Amendment with the intent Of conducting their relationship and implementing the agreements contained in the Lease (as amended hereby) in full compliance with applicable federal, state and local law, including without limitation, the Medicare/Medicaid Anti -Kickback statute (the "Anti -Kickback Law") and Section 1877 of the Social Security Act (the "Stark Law'), as amended and/or waived, including without limitation by the Centers for Medicare & Medicaid Services' COVID-19 Stark blanket waivers. Notwithstanding any unanticipated effect of any of the provisions of the Lease, as amended, neither party will intentionally conduct itself under the terms of the Lease or this Amendment in a manner that would constitute a violation of the Anti -Kickback Law or the Stark Law. Without limiting the generality of the foregoing, Landlord and Tenant expressly agree that nothing contained in the Lease or this Amendment shall require either parry to refer any patients to the other, or to any affiliate or subsidiary of the other. If any legislation, regulation or government policy is passed or adopted, the effect of which would cause either party to be in violation of such laws due to the existence of any provision of the Lease or this Amendment, then Landlord and Tenant agree to negotiate in good faith for a period of ninety (90) days to modify the terms of the Lease, as amended hereby, to comply with applicable law. Should the parties hereto fail to agree upon modified terms to this Lease within this time, then either Landlord or Tenant may immediately terminate the Lease by giving written notice to the other party. Sincerely, Diane McAlister, Property Manager On behalf of Columbia Medical Center of Denton SubsidiaKy. LP AGREED TO BY: Landlord: Columbia Medical Center of Denton Subsidiga, LP Name: Nicholas L. Paul Title: Vice President Date: Tenant: City of Denton Texas A Home Rule Municipal Co oration Name: Todd Hileman Title: City Manager Date: Tenant elects its Rent Deferment Period by marking the applicable box below: ❑ April 2020 and May 2020 ® May 2020 and June 2020 The undersigned Guarantor(s) join in the execution of this Amendment to consent to such amendment and hereby agree that its (their) Guaranty of the Lease shall also apply fully to all obligations of Tenant under the Lease as amended by this Amendment and any future amendments or modifications without need for further consent by Guarantor. Guarantor: No Guaranty Under Current Lease DocuSign Envelope ID: 79C9D2DD-117F-4696-943E-73449FA72564 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. —D=uS1Wwd by: L4AAA Copy Deputy Director TITLE DeAnna Cody PRINTED NAME Capital Projects -Real Estate DEPARTMENT ATTEST: ROSA R IOS, Cl rY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: ` �� LEASE AMENDMENT LETTER AGREEMENT ("Amendment") April 17, 2020 City of Denton Texas, A Home Rule Municipal Corporation 332 E. Hickory Denton, TX 76201 Re: Medical Office Building Lease or Medical Office License Agreement (as applicable) dated November 8, 2016 between Columbia Medical Center of Denton Subsidiary, L.P, as Landlord, and City of Denton Texas, A Home Rule Municipal Corporation, as Tenant, for Premises known as Suite 3535A-1 in the building located at 3535A South I -35E, Denton, Texas 76210 (including any amendments, the "Lease") Dear City of Denton Texas, A Home Rule Municipal Corporation: Thank you for being such a valued tenant. You have informed us that you wish to receive a Rent Deferment Period (defined below) from the Landlord during which certain portions of rent payable under your Lease would not be payable by you under the Lease. By signing this Amendment below, each of the Landlord and Tenant make the agreements, amendments and representations set forth in this Amendment. The Landlord and Tenant agree that the Lease is hereby deemed amended to provide for and include all of the following: 1. Rent Deferment Period. Effective as of the date this Amendment has been fully executed by the Landlord and the Tenant, Tenant's obligations under the Lease to pay Rent (as defined below) shall be abated for a two-month period of either (a) April 2020 and May 2020 or (b) May 2020 and June 2020 (such 2 -month period being called the "Rent Deferment Period"). "Rent" as used in this Amendment shall mean the following if and to the extent the following are defined in and payable under the Lease: Base Rent, Tenant's Proportionate Share of Operating Costs, Tenant's Proportionate Share of Excess Operating Costs, Tenant's Proportionate Share of Excess TIU Costs, Tenant's Proportionate Share of Excess Real Estate Taxes, License Fee, Storage Space Fee and FF&E Rent; provided, however, that Rent as used in this Amendment shall not include the following obligations and the following obligations are not forgiven, deferred, abated, or waived hereby: (a) any taxes that Tenant is required by the Lease to pay directly to the taxing authority; (b) any premium for any insurance policy that Tenant is required to obtain under the Lease; (c) any utilities that Tenant is required by the Lease to: (1) pay directly to the utility carrier or provider, or (2) reimburse to Landlord in full (rather than as a proportionate share), and (d) any other sum payable by Tenant under the Lease that is not expressly included above in the definition of Rent. Tenant shall indicate its election of the months constituting the Rent Deferment Period as either (a) or (b) by checking the applicable box near its signature to this Amendment. If no box is checked, the parties agree that the Rent Deferment Period shall be (b) May 2020 and June 2020. 2. Extended Term; Extended Term Base Rent. In consideration for the Rent Deferment Period, the Term of the Lease is hereby extended for an additional period of two (2) months (such additional two months being called the "Extended Months"). The Extended Months will be on and subject to the same terms, covenants, and conditions as if the Extended Months were originally part of the current Term of the Lease, and the monthly Base Rent or License Fee, as the case may be, payable during the Extended Months shall equal the Base Rent or License Fee payable for the month immediately preceding the commencement of the Extended Months. 3. Effect of Amendments. You agree to timely perform and continue to perform all terms and obligations under your Lease as amended hereby, including without limitation the obligation to make all payments under your Lease other than Rent during the Rent Deferment Period. Except as amended by this Amendment, the Lease is not otherwise amended, and the Lease is hereby ratified and confirmed and remains in full force and effect, as amended hereby. Any oral statements regarding the subject matter of this Amendment are merged herein. Neither the Lease nor this Amendment may be modified or amended except in writing signed by Landlord and Tenant. 4. Counterparts and Electronic Signatures. This Amendment and any other or future amendments may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile or by email in portable document format and signatures electronically signed in accordance with the Uniform Electronic Transaction Act, as adopted in the state in which the Premises are located, and with the United States ESIGN Act, shall have the same effect as the delivery of original signatures and shall be binding upon and enforceable against the parties hereto as if such facsimile were an original executed counterpart. 5. Waiver. Neither the rent abatement described in this Amendment, nor any waiver by Landlord of any breach or default of any term, agreement, covenant, or condition of the Lease, as amended hereby, shall be deemed to be a waiver of any other term, agreement, covenant, or condition hereof or of any subsequent breach by Tenant of the same or any other term, agreement, covenant, or condition. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to render unnecessary the obtaining of Landlord's consent to or approval of any subsequent act of Tenant, whether or not similar to the act so consented to or approved. No act or thing done by Landlord or Landlord's agents during the Term of the Lease shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord. The subsequent acceptance of Rent shall not be deemed a waiver of any preceding breach by Tenant of any agreement, covenant or obligation of Tenant or any other term or condition of the Lease. No delay in billing or any failure to bill Tenant for any Rent, nor any inaccurate billing of Rent shall constitute a waiver by Landlord of its right to collect and to enforce Tenant's obligation to pay the full amount of Rent due and payable under the Lease, as amended by this Amendment, and as the same may be adjusted or increased from time - to -time. 6. Regulatory Matters. Landlord and Tenant enter into this Amendment with the intent of conducting their relationship and implementing the agreements contained in the Lease (as amended hereby) in full compliance with applicable federal, state and local law, including without limitation, the Medicare/Medicaid Anti -Kickback statute (the "Anti -Kickback Law") and Section 1877 of the Social Security Act (the "Stark Law"), as amended and/or waived, including without limitation by the Centers for Medicare & Medicaid Services' COVID-19 Stark blanket waivers. Notwithstanding any unanticipated effect of any of the provisions of the Lease, as amended, neither party will intentionally conduct itself under the terms of the Lease or this Amendment in a manner that would constitute a violation of the Anti -Kickback Law or the Stark Law. Without limiting the generality of the foregoing, Landlord and Tenant expressly agree that nothing contained in the Lease or this Amendment shall require either party to refer any patients to the other, or to any affiliate or subsidiary of the other. If any legislation, regulation or government policy is passed or adopted, the effect of which would cause either party to be in violation of such laws due to the existence of any provision of the Lease or this Amendment, then Landlord and Tenant agree to negotiate in good faith for a period of ninety (90) days to modify the terms of the Lease, as amended hereby, to comply with applicable law. Should the parties hereto fail to agree upon modified terms to this Lease within this time, then either Landlord or Tenant may immediately terminate the Lease by giving written notice to the other party. Sincerely, 79. 7904&&41 Diane McAlister, Property Manager On behalf of Columbia Medical Center of Denton Subsidiary, LP AGREED TO BY: Landlord: Columbia Medical Center of Denton Subsidiary, LP Name: Nicholas L. Paul Title: Vice President Date: Tenant: City of Denton Texas, A Home Rule Municipal Corporation M. Name: Todd Hileman Title: City Manager Date: Tenant elects its Rent Deferment Period by marking the applicable box below: ❑ April 2020 and May 2020 ® May 2020 and June 2020 The undersigned Guarantor(s) join in the execution of this Amendment to consent to such amendment and hereby agree that its (their) Guaranty of the Lease shall also apply fully to all obligations of Tenant under the Lease as amended by this Amendment and any future amendments or modifications without need for further consent by Guarantor. Guarantor: No Guaranty Under Current Lease City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 20-616, Version: 1 AGENDA CAPTION Consider approval of a resolution supporting the Texas Department of Transportation's proposal for the removal of certain roadways from the state highway system within the City of Denton; and providing for an effective date. City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton City Hall 11,1114TO215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: SUBJECT May 5, 2020 Consider approval of a resolution supporting the Texas Department of Transportation's proposal for the removal of certain roadways from the state highway system within the City of Denton; and providing for an effective date. BACKGROUND There are several major roadways within the City of Denton that are owned and maintained by Texas Department of Transportation (TxDOT). Currently, any work within the right-of-way along these major roadways requires a TxDOT permit. TxDOT would like to remove several segments of these existing roadways from the State Highway System (SHS) using the Turnback Program and turn over the ownership, maintenance, and operational control of roadways to the City of Denton. During the December 10, 2019 City Council meeting, staff presented six roadway segments that TxDOT was interested in turning back to the City. The roadway segments were as follows; • US 77 (Elm Street & Locust Street) from US 380 (University Drive) to I35 (August 2020) • FM 2164 (Locust Street) from US 77 to SHL 288 (August 2020) • US 377/US 77 (Elm Street & Locust Street) from US 380 (University Drive) to Carroll Boulevard (April 202 1) • US 77 (Dallas Drive) from Locust Street to IH 35E Northbound Frontage Road (August 2020) • FM 428 (Sherman Drive) from US 77 (Elm Street) to SHL 288 (January 2020) • FM 1515 (Airport Road) from IH 35W to Masch Branch Road (Undetermined future date) Following the council discussion, staff was directed to proceed with the proposed TxDOT roadway segments located at (1) US 77 and 377- US 380 to Carroll, and (2) US 77- Locust to I35E. Additionally, staff was to address the segment located at FM 428- US 77 to Loop 288 with TxDOT and present their response at a future meeting. As directed by City Council the attached resolution (Exhibit 2) will allow TxDOT to move forward with the rehabilitation of the two recommended roadway segments (US 77 and 377 from US 380 to Carroll and US 77 from Locust to I35E) before they can be turned back to the City. Staff is currently discussing the third roadway segment (FM 428 from US 77 to Loop 288) with TxDOT and will present it to Council at a future meeting. Staff recommends approval of the attached resolution. OPTIONS 1. Approve the resolution and allow certain roadway segments to be turned back to the City. 2. Reject the resolution and do not allow certain roadway segments to be turned back to the City. 3. Provide staff direction. RECOMMENDATION Staff recommends option 1 to approve the resolution and allow turn back of two roadway segments to the City. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was presented before the City Council in December of 2019 and staff was directed to move forward with the turn back of two roadway segments. FISCAL INFORMATION The annual maintenance cost for the two roadway segments is just over $75,000 each. This will be covered under the City's annual street operations and maintenance budget. EXHIBITS 1. Exhibit 1 — AIS 2. Exhibit 2 - Resolution 3. Exhibit 3 - Presentation Respectfully submitted: Pritam Deshmukh, P.E. Deputy City Engineer SALegal\Our Documents\Resolutions\20\Resolution- TxDOT Turnback v3 w Exhibit A.docx RESOLUTION NO. A RESOLUTION SUPPORTING THE TEXAS DEPARTMENT OF TRANSPORTATION'S PROPOSAL FOR THE REMOVAL OF CERTAIN ROADWAYS FROM THE STATE HIGHWAY SYSTEM WITHIN THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Department of Transportation ("TxDOT") and the City of Denton ("City") have an existing Municipal Maintenance Agreement ("MMA") that lists each entity's responsibility with respect to all roadways designated on the State Highway System ("SHS") within the City limits; and WHEREAS, TxDOT and the City desire to amend the MMA to make certain designated changes related to maintenance and operational control of these roadways; and WHEREAS, TxDOT has proposed utilization of the TxDOT Turnback Program to remove certain roadways herein designated from the SHS and turn over ownership, maintenance, and operational control of said roadways to the City, subject to the terms below; and WHEREAS, the City agrees that its future ownership, maintenance, and operational control of said roadways, subject to the terms below, is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitals contained in the preamble of this resolution are incorporated herein by reference as true and as if fully set forth in the body of this resolution. SECTION 2. The City of Denton supports the TxDOT Turnback Program as proposed by TxDOT for certain roadways within the City (see Exhibit A), as more fully described below, including the Implementation Plan as shown therein, and the City expressly conditions its acceptance of roadway turnback upon completion and acceptance of the TxDOT construction and rehabilitation projects as outlined below. SECTION 3. US 377/US 77 (Elm Street & Locust Street) from US 380 (University Drive) to Carroll Boulevard: The City is currently working on relocating the underground utilities along Elm Street and Locust Street. Upon completion of the relocation of underground utilities, TxDOT will let a contract to rehabilitate the pavement section (between the gutter lines and to the radius returns of streets/driveways. Additional projects to repair existing curb ramps and sidewalks, let and managed by TxDOT, will commence as available funding allows. Upon completion of the rehabilitation, TxDOT will process the removal from the SHS and provide appropriate documentation for the roadway to be transferred to the City in accordance with the Implementation Schedule. The City will assume ownership of this corridor at that time and be responsible for all operations and maintenance going forward. The estimated time for City utility relocation completion is April 2021. The turn back would not occur until the completion and acceptance of TxDOT's roadway rehabilitation project. Road: SECTION 4. US 77 (Dallas Drive) from Locust Street to IH 35E Northbound Frontage TxDOT will let a contract to rehabilitate the pavement section (between the gutter lines and to the radius returns of streets/driveways). Additional projects to repair existing curb ramps and sidewalks, let and managed by TxDOT, will commence as available funding allows. Upon completion of the rehabilitation, TxDOT will process the removal from the SHS and provide appropriate documentation for the roadway to be transferred to the City in accordance with the Implementation Schedule. The City will assume ownership of this corridor at that time and be responsible for all operations and maintenance going forward. SECTION 5. Highway Re -designations: TxDOT will designate the US 77 and US 377 to follow IH 35E/IH 35, US 380 and SHL 288, or other mutually agreed routes, and install appropriate signage. SECTION 6. This Resolution shall become effective immediately upon its passage and approval. The motion to approve this resolution was made by and seconded by the following vote __J: the resolution was passed and approved by Chris Watts, Mayor: Aye Nay Abstain Absent 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: SALc9W\0ur Documents\RcsolutiOns\20\Rcsolution- TnDOT Tumback v3 w Exhibit A docx PASSED AND APPROVED this the day of CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY w APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: ` y BOTH REVIEWED AW APPROVED as to financial and operational ob4ations and businaaa fie. Z A 2020. Exhibit A ELM/LOCUST STREET DALLAS DRIVE State Highways — Turn Back Pritam Deshmukh — Capital Projects May 5, 2020 OF DENTON Staff presented six proposed TxDOT roadway segments for turn back consideration on December 10, 2019 May 5, 2020 ID20-616 2/7 US 77 (Elm Street & Locust Street) from US 380 (University Drive) to 135 FM 2164 (Locust Street) from US 77 to SHL 288 US 377/US 77 (Elm Street & Locust Street) from US 380 (University Drive) to Carroll Boulevard US 77 (Dallas Drive) from Locust Street to IH 35E Northbound Frontage Road FM 428 (Sherman Drive) from US 77 (Elm Street) to SHL 288 FM 1515 (Airport Road) from IH 35W to Masch Branch Road May 5, 2020 ID20-616 3/7 Proposed Roadway RSITY-DA. US380-UNML 0 L m S. Fi 0. T "Courthouse an tht, Square '7 7 7 Resolution Section 3. `Lww ¢ _�,�•. a s ; P p. Q4—,- . roposed Roadway P-! - ,' US 77 — Locust to 135E - E roadway segment:. Concrete and asphalt pavement May 5, 2020 �W se I D20-616 5/7 Segments US 77 — 135 to US 380 3.7 FM 2164 — Loop 288 to 2.2 US 380 Concrete August 2020 2028 Asphalt August 2020 2024 Existing (one side)/No Lighting Intermittent/No Lighting $ 251,552 $ 48,012 US 77 and 377 — US 380 2 Asphalt April 2021 2025 Will be Improved/No $ 77,006 to Carroll Lighting US 77 — Locust to 135E 1.4 Concrete/ August 2020 2028/2024 Intermittent/No Lighting $ 78,816 Asphalt Ito Loon 288 L.L Hspnaii January zuzu ongoing Iniermmeni/IVO Llgnung - FM 1515 — Masch 1.7 Concrete Undetermined Undetermined - - Branch to 135 W May 5, 2020 I D20-616 6/7 Staff recommends approval of the resolution that allows turn back of the proposed TxDOT roadway segments May 5, 2020 I D20-616 7/7 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 20-744, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or his designee, to select a vendor to provide the City with, to purchase, and to execute an agreement for, generation utility plant forced outage insurance; authorizing the expenditure of funds; and, providing an effective date (RFP No. 7306 -awarded to selected vendor in a not -to -exceed amount of $800,000 for DEC Forced Outage Insurance). City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton City Hall 11"'t"0000,215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: May 5, 2020 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or his designee, to select a vendor to provide the City with, to purchase, and to execute an agreement for, generation utility plant forced outage insurance; authorizing the expenditure of funds; and, providing an effective date (RFP No. 7306—awarded to selected vendor in a not -to -exceed amount of $800,000 for DEC Forced Outage Insurance). INFORMATION/BACKGROUND The 12 generating units of the Denton Energy Center consist of mechanical, electrical, and control systems that, despite using best practices to maintain the systems, are subject to forced outage due to unforeseen equipment malfunctions. The length of time of these forced outages are normally short but can happen during periods of very high wholesale market prices. Some forced outages, where the malfunction of equipment requires a protracted period of time to repair, could take one or more units out of the wholesale market during those high wholesale market price periods. The effect of not having generating units available to generate can be financially significant to both the DEC proforma (net income) and potentially to electric ratepayers through the Energy Cost Adjustment. The Risk Management Policy, approved by Council in early March 2020, requires DME to purchase outage insurance to hedge this forced outage risk and thus limit potential losses. In establishing the annual power supply budget for DME, the Energy Management Organization (EMO) determines the amount of energy to be purchased to meet the electrical demand of the customers of DME for each hour of each day. The renewable energy hourly supply is then delivered to offset against that hourly electric demand. Any shortage quantities are filled by the lower of the projected wholesale market hourly price or the generating cost of the DEC. Consequently, when the DEC is not available to meet the hourly demand due to forced outages, the EMO must purchase the energy from the wholesale market at the then applicable hourly wholesale electric price. While the DEC is a very small contributor to the overall energy supply in ERCOT, on days of potential wholesale energy shortages, its inability to generate can, and does, cause the wholesale price to rise near Denton. This is due to the supply and demand relationship that sets the wholesale market price at each price node. Because these potential forced outage episodes are random and are correlated with higher wholesale prices, to the extent DME can cost-effectively purchase insurance to insulate customers from high price periods, it will be prudent and is considered a best practice in the generation sector of the electric utility industry. To put the risk in perspective, in 2019 during the week of August 12th, the wholesale price of energy was above $5000/MWh for over 12 hours. Had half the DEC units been unavailable due to a forced outage the cost to replace the energy that would have been generated, and that was counted on in developing the power supply budget, would have been $6,750,000. The objective of the DME Hedge Plan (a confidential chapter of the Risk Management Policy) is to manage the Energy Cost Adjustment fund balance within +/- $5,000,000 and the forced outage risk of the DEC units is a major risk variable that requires hedging. Table 1 depicts the one-hour cost implications for a forced outage of a specified number of generating units and associated hourly wholesale market prices. Table 1 One Hour Forced Outage Cost Forced outage insurance in North America is offered by a limited number of providers because they must have excellent credit and demonstrated history of providing the product and settling claims. Qualified bidders will require DME to share required historical forced outage information and preventative maintenance plans/actions. This information has already been provided to several of the known providers of this type of insurance. The City of Denton Procurement Department issued a Request For Proposal for Forced Outage Insurance in April which closed on April 30th. The specification provided the bidders with the term of the insurance (June through September), the deductible amount stated as either a dollar amount per claim or the number of DEC Engines `units' or both, that would have to be impacted by a forced outage before a claim could be filed, the maximum payout of the policy and the mechanics of how the payout will be calculated. Bidders will provide an indicative and non-binding offer for the policy but more importantly will provide Procurement and DME with the standard terms and conditions for the policy and the form of the Binder Agreement. The Binder Agreement will be a document that is executed by the City Manager on the day that DME determines it would like to lock in the policy amount. Qualified bidders will be asked to provide binding prices on any day in May that DME requests such prices. Because the providers use energy and weather derivatives to hedge their risk on the date that DME requests binding prices and the Binder Agreement is executed, the premium will be determined using live market prices. DME will enter into the agreement with the lowest cost provider on that date. DME is seeking Council's approval to permit the City Manager to execute the Binder Agreement on the date determined by the EMO. The authority to transact will be limited to a not -to -exceed amount of $800,000. Requests for Proposals (RFP) for Power Plant Forced Outage Insurance Coverage or Products was sent to 136 prospective firms for these services. In addition, the RFP was placed on the Materials Management website for prospective respondents to download and advertised in the local newspaper. The proposals will be evaluated based on published criteria including demonstrated experience, qualifications, and proposition value. Based upon this evaluation, the recommended award will be to most qualified firm for the City. Wholesale Price ($/MWH) Number of Units $ 1,000 $ 2,000 $ 3,000 $ 4,000 $ 5,000 $ 6,000 $ 7,000 $ 8,000 $ 9,000 2 $ 37,500 $ 75,000 $ 112,500 $ 150,000 $ 187,500 $ 225,000 $ 262,500 $ 300,000 $ 337,500 4 $ 75,000 $ 150,000 $ 225,000 $ 300,000 $ 375,000 $ 450,000 $ 525,000 $ 600,000 $ 675,000 6 $ 112,500 $ 225,000 $ 337,500 $ 450,000 $ 562,500 $ 675,000 $ 787,500 $ 900,000 $1,012,500 8 $ 150,000 $ 300,000 $ 450,000 $ 600,000 $ 750,000 $ 900,000 $1,050,000 $1,200,000 $1,350,000 10 $ 187,500 $ 375,000 $ 562,500 $ 750,000 $ 937,500 $1,125,000 $1,312,500 $1,500,000 $1,687,500 12 $ 225,000 $ 450,000 $ 675,000 $ 900,000 $1,125,000 1 $1,350,000 $1,575,000 1 $1,800,000 $ 2,025,000 Forced outage insurance in North America is offered by a limited number of providers because they must have excellent credit and demonstrated history of providing the product and settling claims. Qualified bidders will require DME to share required historical forced outage information and preventative maintenance plans/actions. This information has already been provided to several of the known providers of this type of insurance. The City of Denton Procurement Department issued a Request For Proposal for Forced Outage Insurance in April which closed on April 30th. The specification provided the bidders with the term of the insurance (June through September), the deductible amount stated as either a dollar amount per claim or the number of DEC Engines `units' or both, that would have to be impacted by a forced outage before a claim could be filed, the maximum payout of the policy and the mechanics of how the payout will be calculated. Bidders will provide an indicative and non-binding offer for the policy but more importantly will provide Procurement and DME with the standard terms and conditions for the policy and the form of the Binder Agreement. The Binder Agreement will be a document that is executed by the City Manager on the day that DME determines it would like to lock in the policy amount. Qualified bidders will be asked to provide binding prices on any day in May that DME requests such prices. Because the providers use energy and weather derivatives to hedge their risk on the date that DME requests binding prices and the Binder Agreement is executed, the premium will be determined using live market prices. DME will enter into the agreement with the lowest cost provider on that date. DME is seeking Council's approval to permit the City Manager to execute the Binder Agreement on the date determined by the EMO. The authority to transact will be limited to a not -to -exceed amount of $800,000. Requests for Proposals (RFP) for Power Plant Forced Outage Insurance Coverage or Products was sent to 136 prospective firms for these services. In addition, the RFP was placed on the Materials Management website for prospective respondents to download and advertised in the local newspaper. The proposals will be evaluated based on published criteria including demonstrated experience, qualifications, and proposition value. Based upon this evaluation, the recommended award will be to most qualified firm for the City. NIGP Code Used for Solicitation: 941 -(Service Only) -Equipment Maintenance, Repair, & Related Services for Power Generation & Transmission Equipment 953 -(Service Only) -Insurance and Insurance Services, ALL TYPES Notifications sent for Solicitation sent in IonWave: 240 Number of Suppliers that viewed Solicitation in IonWave: 3 HUB -Historically Underutilized Business Invitations sent out: 57 SBE -Small Business Enterprise Invitations sent out: 127 Responses from Solicitation: 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item will go to the Public Utilities Board retroactively. RECOMMENDATION Award a contract with the qualified bidder, for insurance binder for forced outage insurance of the Denton Energy Center for the Summer of 2020, not -to -exceed amount of $800,000. ESTIMATED SCHEDULE OF PROJECT(S) This is for the Summer of 2020. FISCAL INFORMATION These services will be funded through the using department's budget. EXHIBITS: Exhibit 1: Agenda Information Sheet Exhibit 2: Presentation Exhibit 3: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Terry Naulty, 940-349-7567. Legal point of contact: Larry Collister at 940-349-8198. Denton Energy Center Forced Outage Insurance City Council Presentation Io 20a44 Terry Naulty - Denton Municipal Electric May 5, 2020 11&��- DENTON ► To provide price protection to the customer/owners of DME in the event of forced outage of one or more of the DEC generating units during period of high wholesale prices during the summer of 2020 (June —September) To comply with the Energy Risk Management Policy (ERMP) approved by City Council Any malfunction of equipment that causes a generating unit to no longer be able to deliver energy to the ERCOT transmission grid Engine mechanical systems Controls/ logic systems Generator systems Transformer systems Natural gas control system Air pollution control systems Cooling water systems No differentiating between operator or equipment failures Term — starting date and ending date of insured period Hours insured — on -peak weekdays and/or on -peak weekends Deductible Amount Dollars per event or MWhs per event s Settlement Basis Difference in price between the spot hourly market clearing price and an established strike price i.e. Strike = $50/MWh, clearing price =$5,000/MWh; settlement price = ($5000 - $50)x volume impacted Maximum Payout — maximum settlement for the Term $10 - $20 million Premium — payment to insurer Determined by bidder based upon the market price when final offers are received Issue request for proposals (April 10th) Receive indicative offers and term &conditions (April 30th) Form of Binder Agreement for each proposer Negotiate similar terms with each proposer (2 weeks) Obtain legal sign -off and approval (1 week) v Request firm offers at 8:00 AM (May 15t" —May 30tH) Execute Binder Agreement within 30 minutes of receiving firm pricing Pay 2% insurance tax Summaryli Forced Outage Insurance is a cost effective way to manage this risk Mandated by Energy Risk Management Policy Transaction process requires City Council pre - approval and authorization for execution Not currently an Authorized Product in ERMP Process is competitive and achieves lowest cost Staff recommends approval Terry Naulty —Assistant General Manager ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SELECT A VENDOR TO PROVIDE THE CITY WITH, TO PURCHASE, AND TO EXECUTE AN AGREEMENT FOR, GENERATION UTILITY PLANT FORCED OUTAGE INSURANCE; AUTHORIZING THE EXPENDITURE OF FUNDS; AND, PROVIDING AN EFFECTIVE DATE (RFP NO. 7306 —AWARDED TO SELECTED VENDOR IN A NOT -TO -EXCEED AMOUNT OF $800,000.00 FOR DEC FORCED OUTAGE INSURANCE). WHEREAS, on March 17, 2020, the City Council approved the Denton Municipal Electric — Energy Management Risk Policy ("ERMP"; Ordinance No. 20-420) which establishes how the City will manage energy commodity risks, including the financial risks associated with the non- performance of the Denton Energy Center; and WHEREAS, the City has solicited and received competitive proposals for generation utility plant forced outage insurance ("DEC Forced Outage Insurance") for the Denton Energy Center ("DEC"); and WHEREAS, after reviewing and evaluating all timely submitted proposals, the City Manager, or his designee, will (i) select the vendor with the proposal that is most advantageous to the City, considering the relative importance of price and the other evaluation factors included in the request for proposals; (ii) purchase DEC Forced Outage Insurance from the same in a not -to -exceed amount of $800,000.00 in accordance with the proposal; and, (iii) execute any required agreements for the purchase of the DEC Forced Outage Insurance; and WHEREAS, the City Council has appropriated funds in its budget to be used for the purchase of the DEC Forced Outage Insurance approved and accepted herein; and, WHEREAS, the City Council finds the acquisition of the DEC Forced Outage Insurance is in adherence with the objectives of the City's ERMP and is in the best interest of the public; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations and findings in the preamble of this ordinance are incorporated herein by reference. SECTION 2. For the City's Request for Proposal No. 7306 for generation utility plant forced outage insurance for the Denton Energy Center, the City Manager, or his designee, is authorized to (i) select the vendor with the proposal that is most advantageous to the City, considering the relative importance of price and the other evaluation factors included in the request for proposals; (ii) purchase DEC Forced Outage Insurance from the selected vendor in a not -to - exceed amount of $800,000.00 in accordance with the pricing, specifications, standards, and quantities set forth in the request for proposal, proposal, and related documents; (iii) execute any required agreements, and related documents, with the selected vendor, after the same have been reviewed and approved by the City Attorney, or his designee; and, (iv) take any additional actions that may be required or permitted to be performed by the City related to this ordinance and associated documents. SECTION 3. By the acceptance and approval of the proposal by the City Manager, or his designee, as delegated herein, the City Council authorizes the expenditure of not more than $800,000.00 therefor in accordance with the selected proposal and this ordinance. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by the ordinance was passed and approved by the following vote Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. 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 CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY M APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY , 2020. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON Legislation Text File #: ID 20-920, Version: 1 AGENDA CAPTION Consider approval of a resolution creating an Interim Municipal Utility District (MUD) Policy for the City and the Extraterritorial Jurisdiction (ETJ); and providing for an effective date. City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton � City Hall 215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: May 5, 2020 SUBJECT Consider approval of a resolution creating an Interim Municipal Utility District (MUD) Policy for the City and the Extraterritorial Jurisdiction (ETJ); and providing for an effective date. BACKGROUND: Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution authorizes the creation of special districts that function as independent, limited governments. The City has two of these "special districts", the Rayzor Ranch Public Improvement District (PID), and the Hunter/Cole Municipal Management District (MMD). A Municipal Utility Districts (MUDS) is another type of special district and Chapter 54 of the Texas Water Code provides specific regulations for the creation of a MUD. The purpose of a MUD is to provide a developer an alternate way to finance infrastructure, such as water, sewer, drainage, and road facilities through the issuance of refunding bonds. Managed by a Board elected by property owners within the MUD, a MUD may issue bonds to reimburse a developer for authorized improvements. The MUD will utilize property tax revenues and user fees received from water and sewer services operated by the MUD to repay the debt. As the MUD pays off its debt, more of its tax revenue can be directed to other services. Originally, MUDS were very limited in what they were allowed to finance and what services they could provide. Over time, MUDS began taking on more responsibilities and providing enhanced services for their residents, such as parks and recreation, deed restriction enforcement, and solid waste services. MUDS rely on the County to provide police, fire, and road maintenance services. A MUD can be created by either: 1. the Texas Legislature following adoption of a district creation bill; or 2. the Texas Commission on Environmental Quality (TCEQ) following a petition and consent process described in the Texas Water Code. Provided as Exhibit 4 is the Texas Water Districts: A General Guide published by TCEQ providing additional background on these special districts. A MUD established by TCEQ is initiated by a property owner by submitting a Petition for Consent to Creation of a Political Subdivision in the Extraterritorial Jurisdiction. These MUDs are governed by both Section 54.016 of the Texas Water Code and Section 42.042 of the Texas Local Government Code. For property located in the City's ETJ to be included in a MUD, City Council consent is required prior to creation as part of the TCEQ process. If the land is in the City's ETJ, then the City may enter into a development agreement with the property owner, pursuant to Section 212.172 of the Local Government Code. The City can also require that the MUD construct all public facilities to City specifications, according to Section 54.016(e) of the Water Code. On February 11, 2020 City Council approved a resolution consenting to the creation of Denton County MUD 11, which was a 247 -acre parcel in the City's ETJ Division 2. The City does not have platting authority in ETJ Division 2, and the parcel is not within the City's water and sewer service area as delineated in the City's Certificate of Convenience and Necessity (CCN). DISCUSSION Legislative changes have stripped the City's authority to manage growth in our ETJ due to continued changes to the annexation laws eroding the City's authority while expanding the powers MUDS can possess; effectively transforming MUDS into general purpose -like governments. As discussed at the April 30, 2020 work session, this Interim MUD Policy is intended to serve as a stop- gap to provide staff direction for reviewing, analyzing, and preparing agenda items for the three pending MUDS and any future MUD requests. The interim policy includes the following eight (8) broad policies with conditions/restrictions to consider as part of a Consent Agreement or related agreements: 1. Basic requirements for creation of MUDS. 2. Address provision of public services and address public safety matters. 3. Address utility service issues and include those utility service in the consent agreement or development agreement. 4. Specify the amount of debt intended to be issued, the purpose of the debt, and the debt service schedule, and include those financial provisions in the consent agreement. 5. Address future municipal annexation of a MUD, when located in Division 1 of the City's ETJ and future expansions or annexations of a MUD. 6. Require development in a MUD to exceed minimum DDC land use and development standards and address the land use provisions. 7. Require development in a MUD to exceed the City's parkland dedication requirements, and address parkland provisions. 8. Address transportation issues and include transportation provisions. Staff has added the following statement to the Applicability section of the Policy as a result of the April 30, 2020 work session discussion regarding the ability to consider a Public Improvement District (PID): "If voluntary annexation is considered for properties contiguous to the municipal boundary, alternative financing options for public infrastructure may be considered in lieu of a MUD, including, but not limited to a Public Improvement District (PID), and will be included as part of a development agreement or other agreement as necessary, if the City Council wishes to entertain said request." As discussed at the April 30, 2020, staff envisions that the policy will be in place on an interim basis in order for Council to provide additional policy direction on both the City's Annexation Plan, which has not been updated since 1999, the Interlocal Coordination Agreement (ICA) with Denton County regarding subdivision review in the ETJ, and the incorporation of regulations into the Denton Development Code relative to MUD requests. OPTIONS 1. Approve. 2. Approval with changes. 3. Deny. 4. Postpone item. RECOMMENDATION Staff recommends approval of the Interim MUD Policy as provided (Exhibit 3). PRIOR ACTION Date Council, Board, Commission Reguest Action April 30, 2020 City Council Work Session Policy Direction Proceed with formal consideration for May 5, 2020 EXHIBITS 1. Agenda Information Sheet 2. Interim Draft Resolution 3. Resolution Exhibit A — Interim MUD Policy Respectfully submitted: Richard D. Cannone, AICP Deputy Director/Planning Director RESOLUTION NO. A RESOLUTION ADOPTING AN INTERIM .MUNICIPAL UTILITY DISTRICT (MUD) POLICY FOR THE CITY AND EXTRATERRITORIAL JURISDICTION (ETJ); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 54 of the Tex. Water Code allows the Texas Commission on Environmental Quality (TCEQ) to create a municipal utility district (MUD) for a developer to finance the construction of facilities, including water, sewer, and drainage services, for a land development project; and WHEREAS, Sec. 54.016 of the Tex. Water Code and Sec. 42.042 of the Tex. Loc. Gov't Code require the City to consent to the creation of a MUD on land that is located in the City or within the City's extraterritorial jurisdiction; and WHEREAS, the City of Denton has recently received petitions to create MUDS in the City's ETJ; and WHEREAS, the City Council finds it to be in the best interest of the citizens of Denton to adopt an interim policy creating a process and establishing a fee to review, analyze, and respond to pending MUD petitions; and WHEREAS, the City Council wishes to adopt this resolution in order to establish the interim -MUD policy as deWled-hereininpu i interest of the residents ofthe City of Denton; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council hereby authorizes the adoption of the Municipal Utility District (MUD) Interim Policy, which is attached as Exhibit "A," and made a part of by reference. SECTION 2. The City Council may, from time -to -time, consider changes to the MUD Interim Policy, as will be reflected by their future action. SECTION 3. The motion to approve this Resolution was made by and seconded by ; the Resolution was passed and approved by the following vote L— - 1: AXe Nay Abstain Absent Chris Watts, Mayor: Gerard Hudspeth, District 1: Keely G. 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 , 2020. CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY •]=ala► ■[• PURPOSE & INTENT The City of Denton wishes to allow the prudent use of political subdivisions that are created pursuant to Article I11, Section 52, and/or Article XVI, Section 59, of the Texas Constitution and Chapter 54, Municipal Utility Districts (MUDs) of the Texas Water, to facilitate development within the City's extraterritorial jurisdiction that is generally consistent with the City's Comprehensive Plan. The purpose of this policy is to carry out the following purposes to the extent allowed by law: • Encourage superior development that exceeds the City's minimum standards; • Allow the City to enforce reasonable land use and development regulations; • Provide for construction of infrastructure consistent with City standards and City inspection of such infrastructure; • Facilitate cost-effective construction of infrastructure to serve the area within the MUD, including police and fire stations, that is consistent with City standards and plans, so that the potential financial burden on the citizens of Denton will be reduced, in the event of annexation of such land by the City; • Provide for extension of water and wastewater lines that will serve future growth in the City and its extraterritorial jurisdiction consistent with the City's master utility plan; • Establish guidelines for reasonable conditions to be placed on: o Issuance of bonds by the MUD; and o The City's consent to creation of the MUD, to ensure that the creation of a MUD would not detrimentally compete with the City's utility systems; • Establish guidelines for other mutually beneficial agreements by the City and the MUD; • Provide a procedural framework for responding to a petition seeking the City's consent to the creation of the MUD; and • Encourage communication with Denton County officials and staff in which a proposed MUD is to be located. May 5, 2020 CITY OF DENTON Municipal Utility District (MUD) Interim Policy APPLICABILITY Before the City Council consents to creation of a MUD, the following issues shall be considered: Whether the City has already made plans to annex, or provide municipal services to the area proposed for inclusion in the MUD within the next five (5) years, or the property is currently included in an Non -Annexation Agreement (NAA); and 2. Whether the proposed area lies in the City's ETJ of two (2) or more cities or is within Division 2 of the City's ETJ. If the determination on both issues 1. and 2. above is negative, then City Council should consider offering their consent for the creation of the MUD while applying conditions and restrictions to consent pursuant to these policies. If the determination on either of the two issues is affirmative, then the City Council may not consent to creation, and may move to annex the land (if NAA), defer to Denton County, or the City may attempt to work through any outstanding issue that prevents the City from providing consent. If voluntary annexation is considered for properties contiguous to the municipal boundary, alternative financing options for public infrastructure may be considered in lieu of a MUD, including, but not limited to a Public Improvement District (PID), and will be included as part of a development agreement or other agreement as necessary, if the City Council wishes to entertain said request. The City of Denton will not support the creation or expansion of a MUD within its municipal boundaries. POLICIES In order for the City Council to consent to the creation of, or inclusion of land within a MUD, then it shall implement the following as conditions to the City's consent, and such requirements shall be stipulated in the consent resolution and/or other ancillary agreements including, but not limited to, a development agreement and strategic partnership agreement, unless the City Council determines that requirements are not appropriate with regard to a specific MUD. These policies are intended to implement and further reinforce adopted policies in the City's Comprehensive Plan, including, but not limited to Future Land Use Policy 2.16.3 which states: Discourage the establishment of Municipal Utility Districts (MUDs) in Denton's ETJ without appropriate development review. POLICY I: BASIC REQUIREMENTS FOR CREATION OF MUDS. May 5, 2020 CITY OF DENTON Municipal Utility District (MUD) Interim Policy Before consenting to the creation of a MUD, the City Council should consider whether the creation of the MUD is feasible, practicable, and necessary for the provision of the proposed services and would be a benefit to the land, and therefore warrants the City's consent, consistent with the other considerations in this policy. The City's basic requirements for creation of a MUD shall be that: a. Superior Development. The zoning and development standards generally exceeds the minimum standards of the Denton Development Code; b. Extraordinary Benefits. The development provides extraordinary public benefits that advance the vision and goals of the Comprehensive Plan, such as, but not limited to, extension, financial contribution, and/or enhancement of master planned infrastructure, diversity of housing, and enhanced parks, trails, open space, and recreational amenities that are available to the public; c. Enhance Public Service and Safety. The development enhances public services and optimizes service delivery through its design, dedication of sites, connectivity, and other features. d. City Exclusive Provider. The development further promotes the City as the exclusive provider of water, sewer, solid waste, and electric utilities where it is located within the city's single or multiple certified service areas; e. Fiscally Responsible. The development is financially feasible, doesn't impair the City's ability to provide municipal services, and would not impose a financial burden on the citizens of Denton in the event of annexation; f. Finance Plan. The developer(s) contributes financially to cover a portion of infrastructure expenses without reimbursement by the MUD or the City and as reflected in conditions placed on the issuance of bonds by the MUD; g. Annexation. The development will not impair the City's future annexation of the MUD or adjacent property or impose costs not mutually agreed upon. POLICY 2: ADDRESS PROVISION OF PUBLIC SERVICES, AND ADDRESS PUBLIC SAFETY MATTERS IN THE CONSENT AGREEMENT If City Council elects to consent, the Consent Agreement shall include the following conditions and restrictions: a. Require MUD to provide facilities to enhance public services and optimize locations for service delivery. b. Require donation of land to City (as applicable) for fire stations or other public safety facilities as determined by the City. c. If the City provides fire protection services within the MUD, a Fire Protection Agreement with the City must be approved by City Council. The agreement will include terms and conditions for the MUD to receive full City of Denton Fire Protection services and include a Fire Service Improvement Fee (or similar fee) to fund fire station construction and operations. d. Require roadway design to enhance access and reduce response times to properties located outside of the MUD. e. The MUD consent agreement may, at the City's discretion, include an Interlocal Consent Agreement ("ICA") to contract with the City of Denton for fire, police, and solid waste services on terms acceptable to the City. f. A MUD shall provide a streets maintenance program approved by the City Engineer that May 5, 2020 CITY OF DENTON Municipal Utility District (MUD) Interim Policy is consistent with City standards and should include appropriate consultation with the County Engineer. POLICY 3: ADDRESS UTILITY SERVICE ISSUES AND INCLUDE THOSE UTILITY SERVICE PROVISIONS IN THE CONSENT AGREEMENT OR DEVELOPMENT AGREEMENT. If City Council elects to consent, the Consent Agreement shall include the following conditions and restrictions: a. Require all utility facilities that service the MUD to be consistent with the Utilities Master Plan. b. Require the construction of specific regional infrastructure improvements consistent with the City's comprehensive plan and utility master plans and that are beneficial to the City. Examples include: 1. Master planned public infrastructure improvements, including but not limited to, wastewater interceptors and lift stations, water lines, treatment plants, and major transportation improvements, that not only provide a benefit to the developed property, but also to other surrounding properties. c. Require of the MUD that the City be the water, sewer and electric service provider where it is located within the city's single or multiple certified service areas. d. All fees, rates, and charges for water and wastewater service will be billed and collected by the City. e. That a MUD will not enter into an agreement with another Public Water System, MUD, or municipality to receive water and wastewater services without the prior written approval from the Denton City Council. f. All water, wastewater, drainage and road infrastructure constructed by the MUD will become City owned and operated infrastructure unless City Council grants an exemption. Therefore, plans for MUD infrastructure shall be prepared, reviewed and approved in accordance with City ordinances. MUD infrastructure shall be constructed in accordance with City design standards. The City reserves the right to inspect all facilities being constructed by or on behalf of the MUD and to charge inspection fees required by ordinance. 1. If granted an exemption by city council, any future ownership and operations requested will not be considered by City Council unless the infrastructure improvement has been replaced once it reaches 75% of its life expectancy, or sufficient (as determined by the City) capital reserves have been established to cover these replacements costs. g. Require that the MUD establish an Operation and Maintenance (O&M) Tax pursuant to Section 49.107 of the Water Code with the following limitations: 1. Any surplus O&M tax funds that are not needed for the purposes for which they were collected shall be deposited in capital reserves replacement account. h. Require the cost to relocate any existing utility infrastructure to be borne by the developer and/or MUD, not the City. i. Limit City cost-sharing on MUD off-site improvements to only those circumstances May 5, 2020 CITY OF DENTON Municipal Utility District (MUD) Interim Policy where the necessity for the improvement is so great that limited CIP funds are appropriate for overall system wide improvements that benefit multiple properties (i.e., pro -rata agreements, utility oversizing and/or regional improvements that the City can afford to participate in). j. Address water and wastewater rates. Generally, the rates for ETJ MUDs customers should be the same as for other out of City customers. k. Require all MUDs and their residents comply with City of Denton water conservation and drought contingency plan -related ordinances. I. Address rates, treatment capacity, utility and other easements necessary for City services, capacity for dwelling units, gallons per day usage for water and wastewater, water, wastewater and electric infrastructure, permitting and design, and fiscal surety. POLICY 4: SPECIFY THE AMOUNT OF DEBT INTENDED TO BE ISSUED, THE PURPOSE OF THE DEBT, AND THE DEBT SERVICE SCHEDULE, AND INCLUDE THOSE FINANCIAL PROVISIONS IN THE CONSENT AGREEMENT If City Council elects to consent, the Consent Agreement shall include the following conditions and restrictions: a. The MUDs authorizing order or resolution regarding the issuance of any series of bonds, which bonds shall be and remain obligations of the MUD until its dissolution, must be provided within forty-five (45) days of approval by the MUD. The City Council may refuse to give its consent to the issuance of bonds or limit the amount of bonds issued by the MUD if the MUD is not in compliance with the City's requirements contained in the consent agreement or ancillary documents. b. The City will request compliance with the following terms and reporting requirements: 1. Once the MUD has established a maturity date for its initial bonds, the maturity date for any additional bonds will not extend beyond the maturity date for the initial bonds, without the consent of the City. 2. The City may limit a MUD to only issue bonds for the purposes of providing water, wastewater and drainage improvements as provided in Texas Water Code, Section 54.016(e). 3. The City may approve the issuance of MUD bonds for park or road improvements if the park or road improvements for which the bonds are issued are included in the City's master plans. 4. At least forty-five (45) days before the issuance of bonds, except refunding bonds, the MUD's financial advisor shall certify in writing that bonds are being issued within the existing economic feasibility guidelines established by the TCEQ, whether or not the MUD has been approved by the TCEQ. The report, provided to the City Manager, should also state the following: i. The amount of bonds being proposed for issuance, ii. The projects to be funded by such bonds, iii. The proposed debt service tax rate after issuance of the bonds. iv. Within thirty (30) days after the MUD closes the sale of a series of bonds, the MUD shall deliver to the City Manager a copy of the final official statement for such series of bonds as well as any additional information requested by the City and provide the City with a complete transcript of May 5, 2020 CITY OF DENTON Municipal Utility District (MUD) Interim Policy bond proceedings within sixty (60) days after the date the bonds are delivered. c. All City property and land shall be exempted from all MUD taxes, assessments, charge, fees and fines of any kind. d. The MUD shall send a copy of the order or other action setting an ad valorem tax rate to the City Secretary and the City Manager within thirty (30) days after MUD's adoption of the rate. e. The MUD shall send a copy of its annual audit to the City Manager and Finance Director within thirty (30) days after approval by the MUD Board of Directors. f. The MUD shall provide copies of any material event notices filed under Rule 15c2-12 of the Securities and Exchange Commission and other applicable federal securities laws or regulations to the City Manager within thirty (30) days after filing such notices. POLICY 5: ADDRESS FUTURE MUNICIPAL ANNEXATION OF A MUD, WHEN LOCATED IN DIVISION I OF THE ET) AND FUTURE EXPANSIONS OR ANNEXATIONS OF A MUD. If City Council elects to consent, the Consent Agreement shall include the following conditions and restrictions: a. The City will not approve full -purpose annexation for a MUD until all debt is paid and any water, wastewater, drainage and roadway infrastructure that the city will assume ownership of has been replaced once it reaches 75% of its life expectancy, or sufficient (as determined by the City) capital reserves have been established to cover these replacements costs. b. The City may annex any or all commercial development within the MUD as a limited purpose annexation pursuant to a Strategic Partnership Agreement under Local Government Code, Section 43.0751, and may impose a sales and use tax within the area annexed for limited purposes. c. At the City's option, a "limited district" may be continued in existence after annexation to maintain amenities or services beyond what the City typically provides. 1. In such cases, the MUD shall enter into a Strategic Partnership Agreement stating conditions on which the MUD will be converted to a limited district that will continue to exist following full purpose annexation. d. A MUD may not extend the boundaries of the MUD unless the City Council first adopts a resolution giving its consent to the extension. The conditions contained in the resolution consenting to the creation of the MUD also apply to any boundary extension, unless the resolution approving the MUD's proposed boundary extension states otherwise. Conversely, the MUD may not enter into an agreement to be annexed, in whole or in part with another MUD without written authorization from the City. POLICY 6: REQUIRE DEVELOPMENT IN A MUD TO EXCEED MINIMUM DDC LAND USE AND DEVELOPMENT STANDARDS AND ADDRESS THE LAND USE PROVISIONS IN THE CONSENT AGREEMENT OR RELATED AGREEMENT. If located within Division 1 of the City's ETJ, a development agreement, pursuant to Local Government Code, Section 212.172 to extend the City's planning authority over land included in the MUD by providing for City Council approval of a development plan, authorizing enforcement by the City for land use and development regulations, and include other lawful May 5, 2020 CITY OF DENTON Municipal Utility District (MUD) Interim Policy terms and considerations the parties consider appropriate must be submitted concurrent with the request for a consent agreement. a. The development agreement may include provisions that are mutually acceptable to the parties related to the following matters: 1. Land use plan reflecting all approved land uses and residential densities consistent with the Comprehensive Plan, however City Council may prohibit certain uses deemed incompatible with residential uses; 2. Compliance with City construction codes, including permit requirements; 3. Compliance with City and other applicable ESA, Tree Preservation, Gas Well Setbacks, and storm water and water quality regulations; 4. Higher development and design standards for residential and nonresidential land uses to promote a superior development; and 5. Dedication and development of park areas in accordance with Policy 7 herein. b. All efforts should be made to exclude commercial/retail land area from a MUD in favor of full -purpose annexation, or a Strategic Partnership Agreement should be required allowing the City to collect sales taxes from the area. 1. The Strategic Partnership Agreement should provide that the City is entitled to receive up to 100% of the sales taxes collected, and that none of those taxes should be shared with the MUD unless special circumstances exist. 2. City shall conduct site plan review to current City standards for uses other than one- and two-family residential uses. c. Require a diversity of housing offered within the MUD that is consistent with the Comprehensive Plan. d. Conservation subdivision design that clusters development in low impact areas and maintains existing topography, scenic views, natural drainage flows, and wildlife habitat. e. Require public school location(s) to be provided, if desired by the applicable School District. 1. Location(s) of school sites should be in a central, walkable location within a residential neighborhood away from an arterial or major collector roadway identified in the Mobility Plan or on the MUD land use plan. Require a land use plan to be attached to the Consent Agreement and require major amendments to a MUD land use plan to be reviewed by the Planning & Zoning Commission and approved by the City Council. POLICY 7: REQUIRE DEVELOPMENT IN A MUD TO EXCEED THE CITY'S PARKLAND DEDICATION REQUIREMENTS, AND ADDRESS PARKLAND PROVISIONS IN THE CONSENT AGREEMENT If City Council elects to consent, the Consent Agreement shall include the following conditions and restrictions: a. Require installation and maintenance of park facilities. b. Require connections to regional trail network and adjacent uses such as schools across the development, as well as off-site, to fill in gaps in the City's planned trail system. c. Prohibit roads through parkland in a manner that subtracts from net usable park land. d. Require provision of security and maintenance program. e. Require protection and perpetuation of unique features on a site that should be maintained as open space whether for environmental, conservation or scenic views. f. Environmental Sensitive Areas (ESA) shall not count toward parkland dedication. May 5, 2020 CITY OF DENTON Municipal Utility District (MUD) Interim Policy POLICY 8: ADDRESS TRANSPORTATION ISSUES AND INCLUDE TRANSPORTATION PROVISIONS IN THE CONSENT AGREEMENT If City Council elects to consent, the Consent Agreement shall include the following conditions and restrictions: a. Require an initial traffic study identifying potential impacts on the City's road system serving the land proposed to be included in the MUD. b. Require completion of a Traffic Impact Analysis (TIA) and construction and/or funding of both on- and off-site improvements identified in the TIA, including roadways identified in the City's Mobility Plan as part of the subdivision review. c. That if the City determines that development in a MUD will place a burden on City roads as a result of a traffic impact analysis, and the MUD has been provided road bond authority from the City, the MUD will construct, widen, or improve such roads within the MUD in accordance with the standards set forth in Section 212.904 of the Texas Local Government Code. d. Require dedication of right-of-way, inclusion of bike lanes, sidewalks, and aesthetically - pleasing streetscapes consistent with the Mobility Plan and City street design standards. e. Require residential subdivisions to be designed with increased connectivity, reduced cul-de-sacs, short block lengths, and additional stub outs to adjacent properties, except where developed as a cluster subdivision. f. Require creative storm water management and water quality solutions to be provided such as Low Impact Development ("LID") to minimize any downstream impacts. May 5, 2020 CITY OF DENTON Municipal Utility District (MUD) Interim Policy APPLICATION REQUIREMENTS At the time the petition for consent to creation of a MUD and other required agreements are submitted, the petitioner shall submit an application fee of $14,210 for MUDs up to 25 acres and an additional $38 for each acre over 25 acres. The petitioner shall also pay $5,000 as an initial escrow deposit to cover costs the City may incur through the use of outside legal and professional consultants. Upon receipt of the application, the City shall analyze the proposed development and its potential impact on facilities and services consistent with these adopted policies. It is encouraged that the petitioner schedule a pre -application meeting with staff prior to submittal. As part of the written statements on how the proposed MUD meets or exceeds the policies established by this policy, the petitioner must also provide the following associated studies: 1. Market study a. Not more than six (6) months old as of date petition is filed b. Indicates projections (i.e. units per year and specific years) for proposed development including single family, commercial, retail etc. 2. Financial Analysis a. Developer's financial statement and experience with districts. If the developer and the petitioner are different, documentation explaining the relationship between the developer and the petitioner; b. Development proforma; c. Estimated buildout schedule by year with estimated assessed valuations in the MUD; d. Cost estimates for proposed improvements and cost summary for anticipated bond issue requirement and any other proposed MUD facilities to be reimbursed or paid for by the issuance of MUD bonds; e. Estimated ultimate amount of bonds to be issued by the MUD, ultimate debt service requirements and projected MUD tax rate; f. Projected tax rate and water and wastewater rates; and g. For creations which include anticipated recreational facilities: • detailed summary of the proposed recreational facility projects • estimated costs • proposed financing methods 3. Engineering/Planning Analysis a. MUD boundary and vicinity map; b. Description of existing area, conditions, topography, and proposed improvements, including an evaluation of the effect the district will have on: • land elevation • subsidence • groundwater level within the region • recharge capability of a groundwater source • natural run-off rates and drainage May 5, 2020 CITY OF DENTON Municipal Utility District (MUD) Interim Policy • water quality • 100 -year flood computations or source of information ■ Any area of the proposed District contained in the 100 -year flood plain (if the district contains land within the 100 -year floodplain, provide a narrative statement indicating how this land will be developed or removed from the flood -plain) c. Master development plan showing general layout of proposed land uses; major streets and roads; water, wastewater and drainage facilities; and any other MUD facilities; d. Existing and projected populations; and e. Traffic study identifying potential impacts on: • The City's road system serving the land proposed to be included in the MUD and the county's road system. • This traffic study is in addition to any traffic studies required by the City's subdivision regulations in connection with submittal of subdivision plats. 4. Public Safety Analysis a. Information concerning provision of firefighting and law enforcement services. 5. Intergovernmental Coordination Analysis a. Proof that the petitioner has provided the County Judge and each member of the Commissioners Court of Denton County: the name, acreage and location of the proposed MUD, buildout schedule, estimated population at total buildout, impacts to county roads, and a map of the area; and b. Statement from the applicable School District that there is current or planned capacity in existing schools to serve the MUD or that a new school(s) will be required as a result of the impacts created by the MUD. 6. Other a. Information on other MUDs or special districts that the developer has used to develop within Texas. Provide location, current status, density/intensity of development, related agreements, etc. b. Any other information as City staff may reasonably require to analyze the need for the proposed facilities and the development's potential impact; and c. Any proposed City agreements. May 5, 2020 10 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: Z20-0001 b, Version: 1 AGENDA CAPTION Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a change in the zoning district and use classification from the Residential 2 (R2) zoning district and use classification to the Mixed -Use Neighborhood (MN) zoning district and use classification; on approximately 3.46 acres of land located on the northeast side of I-35, approximately 196 -feet northwest of Thunderbird Drive, in the City of Denton, Denton County, Texas; adopting an amendment to the city's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval with conditions (5-0) (Z20- 0001, I-35 Offices, Cindy Jackson) City of Denton Page 1 of 1 Printed on 5/1/2020 powered by LegistarTM City of Denton � City Hall 215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: May 5, 2020 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a change in the zoning district and use classification from the Residential 2 (R2) zoning district and use classification to the Mixed -Use Neighborhood (MN) zoning district and use classification; on approximately 3.46 acres of land located on the northeast side of I-35, approximately 196 -feet northwest of Thunderbird Drive, in the City of Denton, Denton County, Texas; adopting an amendment to the city's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval with conditions (5-0) (Z20-0001, I-35 Offices, Cindy Jackson) BACKGROUND The applicant, Allison Engineering, representing South Stemmons Property Group, Ltd., is requesting approval to rezone approximately 3.46 -acres from Residential 2 (R-2) zoning district to a Mixed -Use Neighborhood (MN) zoning district to facilitate the development of a garden office complex which would include medical office and neighborhood retail and restaurant uses. The proposed offices would have a floor area of between 2,500 and 6,500 square feet. A concept plan is attached as Exhibit 7. The applicant held two separate neighborhood meetings and as a result, developed several limitations/conditions relating to site layout and use restrictions. The 2002 Denton Development Code (DDC) had a Mixed Use Overlay that could be placed on a property, however, this was not carried forward in the 2019 DDC, instead a Planned Development (PD) zoning district was included. While an overlay is not specifically within the 2019 DDC, City Council has the ability to provide one. While staff finds that the rezoning meets the criteria for approval, staff does not object, as these conditions/ limitations were the result of the applicant and neighbors collaborating. A full Staff Analysis is provided in Exhibit 2. PLANNING AND ZONING COMMISSION As noted above, the applicant presented a list of conditions/limitations to the Planning and Zoning Commission during the public hearing and requested that the recommendation include these as a zoning overlay in addition to the rezoning. Four property owners from the surrounding neighborhood spoke in favor of the request provided the conditions/limitations as presented were included as part of the overlay. The proposed conditions/limitations were as follows: General Limitations: • The uses adjacent to the eastern and southern boundary (residences) shall be restricted to medical offices, medical clinics, professional offices, and residential. • The parking on the east side shall be located between the offices and the east boundary to buffer the existing residential to the east. • The medical offices, medical clinics, professional offices, and residences along the east and south side shall be limited to one-story. • Access to Colonial Drive shall be restricted to emergency access only. Specific Limitations: The uses specified below are uses that are allowed in the MN zoning district but are specifically prohibited by the adoption of this list of limitations: • Multifamily Dwelling • Chapter House • Community Home • Dormitory • Homeless Shelter • Bar, Tavern or Lounge • Mobile Food Court • Hotel • Automotive Fuel Sales • Food Processing OPTIONS 1. Approve. 2. Approval subject to conditions. 3. Deny. 4. Postpone item. RECOMMENDATION The Planning and Zoning Commission recommended approval (5-0) of the rezoning with an overlay that includes the General Limitations and Specific Limitations as presented with the use Liquor Store being added to the list of Specific Limitations as provide below: General Limitations: • The uses adjacent to the eastern and southern boundary (residences) shall be restricted to medical offices, medical clinics, professional offices, and residential. • The parking on the east side shall be located between the offices and the east boundary to buffer the existing residential to the east. • The medical offices, medical clinics, professional offices, and residences along the east and south side shall be limited to one-story. • Access to Colonial Drive shall be restricted to emergency access only. Specific Limitations: The uses specified below are uses that are allowed in the MN zoning district but are specifically prohibited by the adoption of this list of limitations: • Multifamily Dwelling • Chapter House • Community Home • Dormitory • Homeless Shelter • Bar, Tavern or Lounge • Mobile Food Court • Hotel • Automotive Fuel Sales • Food Processing • Liquor Stores Staff recommended approval of the request as it is compatible with the surrounding property and is consistent with the overall goals and objectives of the Denton Plan 2030. PRIOR ACTION/REVIEW (Council. Boards. Commissions) Date Council, Board, Commission Request Action October 31, 1960 City Council Annexation Approved May 2, 1973 Planning and Zoning Commission Rezone from Recommended denial Agricultural (A) to General Retail (GR). June 5, 1973 City Council Rezone from Denial Agricultural (A) to General Retail (GR). October 3, 1973 Planning and Zoning Commission Rezone from Recommended denial Agricultural (A) to Office (0). July 14, 1993 Planning and Zoning Commission Rezone from Recommended denial Agricultural (A) to Office (0). August 24, 1993 City Council Rezone from Denial Agricultural (A) to Office (0). February 5, 2002 City Council Rezone site from Approved Agricultural (A) to NR -2 in city-wide rezoning. April 23, 2019 City Council Approve Zoning Approved Transition Chart, transitioning zoning of site to NR -2 and R-2. March 4, 2020 Planning and Zoning Commission Rezone site from R2 Recommended to MN Approval with an overlay. PUBLIC OUTREACH: 23 notices were sent to property owners within 200 feet of the subject property. As of the writing of this report, staff has received five responses from property owners in favor of the request with the conditions proposed by the applicant. These respondents represent 24.46% of the land located within the 200 -foot buffer. 63 courtesy notices were sent to physical addresses within 500 feet of the subject property. A notice was published in the Denton Record Chronicle on April 18, 2020. A notice was published on the City's website on April 17, 2020. Two signs were posted on the property on February 14, 2020. A neighborhood meeting was held on December 19, 2019. There were six property owners in attendance. Concerns expressed were regarding the location of the parking lot, property owners preferred locating the parking lot between the homes and the office buildings and drainage. The applicant moved the location of the parking as requested and reflected on the concept plan (Exhibit 7). Drainage issues are existing. The applicant ensured that the site drainage would not negatively affect the attendees' neighborhood through the platting and Construction Engineering Plan design process. A second neighborhood meeting was held on February 27, 2020. There were 17 property owners in attendance. During the meeting, the applicant worked with the property owners and developed the set of overlay limitations which are reflected in the recommendation of the Planning and Zoning Commission. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Site Location Map 4. Existing Zoning Map 5. Proposed Zoning Map 6. Future Land Use Map 7. Concept Plan 8. I-35 Schematic Plan 9. Notification Response Map 10. Draft Planning and Zoning Commission Meeting Minutes 11. Staff Presentation 12. Draft Ordinance 13. Exhibit A 14. Exhibit B Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Cindy Jackson, AICP Senior Planner Planning Staff Analysis Z20-0001/Windsor and 35 Medical Offices City Council District #3 REQUEST: The applicant is requesting approval to rezone approximately 3.46 -acres from Residential 2 (R-2) zoning district to a Mixed -Use Neighborhood (MN) zoning district to facilitate the development of a garden office complex which would include medical office and retail uses. STAFF RECOMMENDATION: Staff recommends approval of the request as it conforms with the criteria in Section 2.4.5E and Section 2.7.2D of the Denton Development Code for the approval of a zoning change. SITE DATA: The site is generally located on the northeast side of I -35E, approximately 196 -feet northwest of Thunderbird Drive. The site has approximately 466 feet of frontage along the I-35 Service Road. Colonial Drive, designated as a local street with a minimum right-of-way of 55 feet. The applicant has indicated that Colonial Drive may be extended to the north, or it may be utilized as an emergency access only. Primary access to the site will be from the I-35 Service Road. There are no Environmentally Sensitive Areas or FEMA floodplain on the site. SURROUNDING ZONING AND USES: Northwest: North: Northeast: Zoning: N/A Zoning: Mixed Use Zoning: Residential 6 (R6) Use: I -35E Service Road Neighborhood (MN) and and Residential 3 (R3) Residential 6 (R6) Use: Single Family Use: Undeveloped Land and Residential Sin le Famil Residential West: East: Zoning: N/A Zoning: Residential 3 (R3) Use: I -35E Service Road Use: Single Family Residential Southwest: South: Southeast: Zoning: N/A Zoning: Residential 3 (R3) Zoning: Residential 3 (R3) Use: I -35E Service Road Use: Single Family Use: Single Family Residential Residential CONSIDERATIONS: A. Section 2.4.5.E of the DDC provides approval criteria applicable to all applications. 1. General Criteria a. Unless otherwise specified in this DDC, City review and decision-making bodies must review all development applications submitted pursuant to this subchapter for compliance with the general review criteria stated below. The review criteria were applied as required. b. The application may also be subject to additional review criteria specific to the type of application, as set forth in Sections 2.5 through 2.9. Section 2.7.2.D of the DDC applies to this rezoning request. An analysis of this request per those criteria can be found below in Consideration B. c. If there is a conflict between the general review criteria in this section and the specific review criteria in sections 2.5 through 2.9, the applicable review criteria in sections 2.5 through 2.9 controls. There are no conflicts between the general criteria and the criteria specific for zoning requests. 2. Prior Approvals There have been no prior approvals for this site. 3. Consistent with the Comprehensive Plan and Other Applicable Plans The decision—making authority: a. Shall weigh competing goals, policies, and strategies. When the two previous requests in 1973 and 1993 to rezone this site for office uses were denied (as referenced in the Prior Action/Review table in the accompanying Agenda Information Sheet), there was a substantial open space buffer between the interstate's drive lanes and the residentially designated property on the east side of the freeway with no plans to widen the freeway to the full extent of the right-of-way and beyond. The schematic drawing for the expansion of I-35 in this area places the service road directly adjacent to the residences located on the south-east side of the subject site, along the I-35 right- of-way (Exhibit 8). Per this schematic, right-of-way will be taken from the subject site to accommodate the freeway expansion. Given this change in the future of the I-35 corridor, it is not expected that the subject site will be developed with large lot single family residences as required by the current R2 zoning designation. The garden offices proposed for this site would provide logical transition and an effective buffer between the freeway and the residential homes to the east of the site. b. May approve an application that furthers the overall goals of the Comprehensive Plan even if the development does not match the future land use designation in the Comprehensive Plan. The future land use designation is Low Residential. Low Residential, is intended for single-family neighborhoods up to four dwelling units per acre. As noted above, the circumstances regarding the widening of I-35 have rendered the current zoning designation of R2 impractical. The proposed MN zoning designation, while not in compliance with the Future Land Use Designation, is appropriate for the subject site given the future widening of the interstate. 4. Compliance with this DDC a. The proposed development shall comply with all applicable standards in this DDC, unless the standard is to be lawfully modified. This request is for a rezoning of the subject site. All subsequent development on this site will comply with all applicable standards in the DDC. b. Compliance with these standards is applied at the level of detail required for the subject submittal. All future development on the site will be reviewed to ensure compliance with all applicable standards including platting, engineering, tree preservation and building standards. 5. Compliance with Other Applicable Regulations This proposed rezoning complies with all other applicable regulations. 6. Consistent with Interlocal and Development Agreements There are no interlocal or development agreements for the subject site. 7. Minimizes Adverse Environmental Impacts There is no Environmentally Sensitive Areas or FEMA floodplain located on or near the subject site. 8. Minimizes Adverse Impacts on surrounding Property Concerns regarding drainage from this site were voiced by the participants at the neighborhood meeting. The applicant stated that subsequent development on the site will be reviewed using city standards to ensure there will be no impact. It is expected that detention will be required and will be reviewed at the time of platting. 9. Minimizes Adverse Fiscal Impacts When the site is developed, it will be reviewed to ensure compliance with all applicable standards to ensure there will be no adverse fiscal impacts. Any infrastructure improvements needed to serve this site will be the responsibility of the developer. 10. Compliance with Utility, Service, and Improvement Standards This proposed rezoning will not affect the necessity for this site to comply with utility, service, and improvement standards. When the site is developed, it will be reviewed to ensure compliance with all applicable standards. 11. Provides Adequate Road Systems The subject site is located along the I-35 Service Road. It is anticipated that access will be taken from the I-35 Service Road and possibly Colonial Drive depending on if it is extended or used as an emergency access only. 12. Provides Adequate Public Services and Facilities This proposed rezoning will not affect public services and facilities. When the site is platted, the new development must comply with all applicable standards to ensure adequate public services and facilities are available. 13. Rational Phasing Plan There is no phasing plan for this development. B. Section 2.7.2.1) of the DDC states that an application for a rezoning may be approved based on the following conditions: 1. The proposed rezoning is consistent with the Comprehensive Plan. The future land use designation is Low Residential. Low Residential, is intended for single-family neighborhoods up to four dwelling units per acre. As noted above, the circumstances regarding the widening of I-35 have rendered the current zoning designation of R2 impractical. The schematic drawing for the expansion of I-35 in this area places the service road directly adjacent to the residences located on the south-east side of the subject site, along the I-35 right-of-way (Exhibit 8). Per this schematic, right-of- way will be taken from the subject site to accommodate the freeway expansion. Given this change in the future of the I-35 corridor, it is not expected that the subject site will be developed with large lot single family residences as required by the current R2 zoning designation. The garden offices proposed for this site would provide logical transition and an effective buffer between the freeway and the residential homes to the east of the site. The proposed MN zoning designation, while not in compliance with the Future Land Use Designation, is appropriate for the subject site given the future widening of the interstate. 2. The proposed rezoning is consistent with relevant Small Area Plan(s). There is no small area plan approved for this site. 3. The proposed rezoning is consistent with the purpose statement of the proposed zoning district, as provided in Subchapter 3, Zoning Districts. Per Section 3.3. LA, "The MN district is provided to support compatibility between higher -intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicyclists and includes varying densities of residential, neighborhood -serving retail, restaurants, commercial, and office uses that are sensitive to the surrounding built and natural context in scale and form." The requested MN zoning district is consistent with the purpose statement as the applicant intends to develop garden offices on the site which would serve as a compatibility buffer between the residences to the east and the I-35 corridor to the west. The proposed one-story offices would be compatible with the residences to the east and south-east and provide a low -impact transition to the freeway corridor. 4. There have been or will be significant changes in the area to warrant a zoning change. The significant change in the area are the plans to widen I-35 as shown in Exhibit 8. 5. The intensity of development in the new zoning district is not expected to create significantly adverse impacts to surrounding properties or the neighborhood. The following impact analysis is based upon the intended use indicated by the applicant. Transportation related to the proposal Traffic memo information. Land Use Size Daily Tris AM/PM Peak Existing Land Use 0 0 Current Zoning Entitlements 0 0 Proposed Office Park 1,032 52/110 Trip Generation Change (Proposal minus current entitlements) 1,032 52/110 Water and Wastewater The following is a breakdown of the anticipated water demand for 3.46 acres of commercial property: Public water and wastewater services are available to the site from Colonial Drive, there is capacity within the system to serve the proposal No extensions of public utilities will be required to support the development. Water and wastewater tap and impact fees will be based upon the intensity of the development and are required to be paid during permitting. Parks The proposed use of the site is non-residential and as such, park proximity is not a condition for approval. Schools The subject site is not residential and will not impact the student population. Nearest Fire Station The subject property is approximately 1.2 miles from Fire Station #5 located on W. Windsor Drive, within the eight minutes or less response time boundary. 6. There was an error in establishing the current zoning district. There was no error in assigning a residential zoning designation to the site in 2002 during the city-wide rezoning, however a residential zoning designation for this site is no longer appropriate given the plans for widening the I-35 freeway to full capacity. 7. A neighborhood meeting was held on December 19, 2019. There were six property owners in attendance. Concerns expressed were regarding the location of the parking lot, property owners preferred locating the parking lot between the homes and the office buildings and drainage. The applicant moved the location of the parking as requested and reflected on the concept plan (Exhibit 7). Drainage issues are existing. The applicant ensured that the site drainage would not negatively affect the attendees' neighborhood. A second neighborhood meeting was held on February 27, 2020. There were 17 property owners in attendance. During the meeting, the applicant worked with the property owners and developed the set of overlay limitations which are reflected in the recommendation of the Planning and Zoning Commission. Maximum Demand gallons per da d Current Use Current Zoning Proposal Avg./Peak Water 0 R2 6,228 d /12,456 d Wastewater 0 R2 5,190 d /20,760 d Public water and wastewater services are available to the site from Colonial Drive, there is capacity within the system to serve the proposal No extensions of public utilities will be required to support the development. Water and wastewater tap and impact fees will be based upon the intensity of the development and are required to be paid during permitting. Parks The proposed use of the site is non-residential and as such, park proximity is not a condition for approval. Schools The subject site is not residential and will not impact the student population. Nearest Fire Station The subject property is approximately 1.2 miles from Fire Station #5 located on W. Windsor Drive, within the eight minutes or less response time boundary. 6. There was an error in establishing the current zoning district. There was no error in assigning a residential zoning designation to the site in 2002 during the city-wide rezoning, however a residential zoning designation for this site is no longer appropriate given the plans for widening the I-35 freeway to full capacity. 7. A neighborhood meeting was held on December 19, 2019. There were six property owners in attendance. Concerns expressed were regarding the location of the parking lot, property owners preferred locating the parking lot between the homes and the office buildings and drainage. The applicant moved the location of the parking as requested and reflected on the concept plan (Exhibit 7). Drainage issues are existing. The applicant ensured that the site drainage would not negatively affect the attendees' neighborhood. A second neighborhood meeting was held on February 27, 2020. There were 17 property owners in attendance. During the meeting, the applicant worked with the property owners and developed the set of overlay limitations which are reflected in the recommendation of the Planning and Zoning Commission. er .; , Z20-0001 Site Location 0 205 410 820 SITEW Feet S 3 Q iO Parcels 1 L1 CITY OF aBa .Q DENTON Roads ° Development Services • GIS Date: 1/27/2020 The Ciry of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le al, engineering or surve mg purposes but rather for reference purposes. These maps are the property of the Ci of Denton and have been made avai able to the public based on the Public Information Act. The City of Denton makes every effort pro uce an publish tie most current and accurate information possible. No warranties, exp as or implie are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance o this statement. Z20-0001 Current Zoning Map 0' E R M GO MN JzESTGLEN n O Z MHUNDERBIRD Wj PF COFFEY JOHN W 0 z w BAUER Y 0 wO � � M MW t � � Y w w ate', v WE-STWARD m SITE - RR -Residential Rural MN - Mixed -Use Neighborhood - HI -Heavy Industrial IU µ, 205 410 820 Feet R1 - Residential - MD - Mixed -Use Downtown Core - PF -Public Facilities _ R2 -Residential - MR - Mixed -Use Regional - PD -Planned Development Parcels R3 -Residential - HC -Highway Commercial - MPC R4 - Residential ' SC - Suburban Corridor - OVERLAY - R6 -Residential GO - GeneralOffce Roads - R7 -Residential LI - Light Industrial S a Q n , :❑ L1 ai 13 ° ji CITY OF DENTON Development Services • GIS Date: 1/27/2020 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le al, ergineering or surveving purposes but rather for reference purposes. These maps are the property of the Ci of Denton and have been made avai able to the public based on the Public Information Act. The City of Denton makes ever¥ If pro uce an publish the most current and accurate information possible. No warranties, expresser] or implie are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance o this statement. Z20-0001 Proposed Zoning Map 0' E R M GO MN JzESTGLEN n O Z MHUNDERBIRD Wj PF COFFEY JOHN W 0 z w BAUER Y 0 wO � � M MW t � � Y w w ate', v WE-STWARD m SC o • LI l_/�.A./l1J u7A.l LI L�.�S U'�J U RR -Residential Rural MN -Mixed-Use Neighborhood - HI -Heavy Industrial SITE IU w -_ -- 205 410 820 Feet R1 - Residential - MD - Mixed -Use Downtown Core - PF - Public Facilities * S 2 Q 7 R2 - Residential - MR -Mixed-Use Regional - PD -Planned Development Parcels ■ R3 -Residential - HC- Highway Commercial MPC n , yt] ai COF R4 - Residential _ SC - Suburban Corridor - OVERLAY ■ R6 -Residential GO - General Office Roads _ R7 - Residential LI - Light Industrial e 13IDA ° DENTON Development Services • GIS Date: 1/27/2020 The Ciry of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le al, ergineering or surve ing purposes but rather for reference purposes. These maps are the property of the Ci of Denton and have been made able to the public based on the Public Information Act. The City of Denton makes every effortgo pro C. an publish tie most current and accurate information possible. No warranties, expresser] or its u implie are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance o this statement. Z20-0001 Future Land Use Map Low Residential I I I -h* i I I I I -LI I IRW 0 0 0 .8 Business Innovation - FrilO D o 0 D o c -1 FT 0 Moderate Residential m N LOSS COLINAS M Regional Mixed Use Industrial rnmmprrp 0 205 410 820 QSITE Future Land Use Regional Mixed Use w` Fee` s � e Parcels Low Residential Business Innovation :L2 ❑ Roads Moderate Residential ` Industrial Commerce DENTON 13 Development Services • GIS Date: 1/2]/2020 The Cily of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le al, engineering or surve m purposes but rather for reference purposes. These maps are the property of the Ci of Denton and have been made avai able to the public based on the Public Information Acl. The City of Denton makes ever¥ efforl�o produce and publish lie most current and accurate information possible. No warranties, expressed or implie are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance o this statement. 0 R T \ 4 � so \0 15 30 60 \O : - SCALE: 1"=30' \ O s • 5 . ............ ... .�����������...... •� LEGEND 1 �............. �4 \ :;:; COMMON A DRIVE ACCESS D E O \ \ O �O8 N _ 7 COMMON PARKING ACCESS.: :G N Q O \ \+ S� \ \ ..•.•.•.•. \ �:�: By\��\N \ 1 ..�.•. *+ �: �• O \ O + G\ = Q O � 03 + \ O Z \ �s \ \m \ n\m................................ ��:: . *' �13 \ \p O O \ O -� \ \ .................... .. .. W \ : �4 . \ \ \ O \ X+: \ \ '•p. \ •.5 \ \ v\S\ \ PDQ O ::;: 5 \ •..• \ \ ' \\ \ \ \ \\ � O '� 5 8 •� :X \ \ \ .. �w Q O \ �:� �: \ Z \ \ G� \ 6� \ .� \ \ CP ;�� \ O O \ \ U') \:':: G� \ \ \ \ \ \ \ \ .•.�.•.• \ CONCEPT SITE PLAN \ to \ \ r0 FOR \ ? - THE PLAZA AT THUNDERBIRD \ \ \ 2415 N. ELM STREET TEXAS 76201 DENne \ \ \ (, 0 Phone 940 380-9453 Allison FAX (940) 380-9431 \ \ \ _ � Engineering info@ae-grp.com Group Texas Board of Planning Communities - designing the Systems That Serve Them Professional Engineers Registration Number: F-7898 8 IH35_SCHEMATIC _ROLL X {n} 0 www.keepitmovingdalias.cam/sites/default/files/doe PH35_SCHEMATIC_ROLLS.pdf Find on page Enter text to search No —h < y Options v 1 of 11 P x=.===-======----____--- ` ` r ,' X if Z20-0001 Notification Response Map v� ^NO. Vr 1 All a • t � -- tiv w �'A i �q IR AI WL • • G h t" —A 1 0 r e N 0 50 100 200 - In Favor (4) SITE L COD WE Fee` s Q Neutral (0) Parcels ETJ $� �oF - Opposed (0) Roads NAA 8/1/20 0� DENTON Development Services • GIS q q q y Date: 31412020 tv the CiW, )ffDenton and heave beemaps madeDa dai abletonthe pub l lchbasedron the PluollCtdfOfRlalhOn ActoThhe C�y and f Denton makes every for le produceeand pub is thle mostpeufefe nt atndtaccurate inform ati possible• No warPantiast expressed or implied, are provided for the data herein, Its use, or its Interpretation. Utilization of this map Indicates understanding and acceptance of this statement. c 175' OF Development DENTOID 215 W. Hickory St., Denton, TX 6201- (940 -349-8541 Services Response Form Project Number Z20-0001 4520 IH 35 In order for your opinion to be counted, please complete and mail this form to: City of Denton Development Services Attn: Cindy Jackson, Project Manager 215 W. Hickory St. Denton, TX 76201 You may also email or fax a copy to cindyjackson@cityofdenton.com or (940) 349-7707. Project Number Z20-0001 Please circle one: Qn favor of request ❑Opposed to request Comments. Our approval IS redicated upon the City Council including the attached list of limitations. w6W•�2 Signature: �/ L Printed Name: Street Address: City, State and Zip Code: Phone Number: Cf G�Q ��� QL Email Address: Physical Address of Property within 200 Feet: — I/� 1--35— 4/,6FZ Y Development Services or DENTON 215 W. Hickory St., Denton, TX 76201 • (940) 349-8541 Response Form Project Number Z20-0001 4520 IH 35 In order for your opinion to be counted, please complete and mail this form to: City of Denton Development Services Attn: Cindy Jackson, Project Manager 215 W. Hickory St. Denton, TX 76201 You may also email or fax a copy to cindy.jackson@cityofdenton.com or (940) 349-7707. Project Number Z20-0001 Please circle one: In favor of request ❑ Opposed to request Comments: 1-0 VP 1 Ion C' I s ,S f � as 2,Wi-ri me on Our approval is predicated upon the City Council including the attached list of limitations. Signature: Printed Nai Street Address: 21 d ( co l0 f) I% a I ST City, State and Zip Code: ( eA �o�) / Tr 7(OZ,6 7 Phone Number:—) ( J'9-2- ?' J 0 q I Email Address: a n M o Q 3 l( 0a t Physical Address of Property within 200 Feet: ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 <<;;� Development Services DENTON 215 W. Hickory St., Denton, TX 76201 • (940) 349-8,541 Response Form Project Number Z20-0001 Windsor and 1-35 Medical Offices In order for your opinion to be counted, please complete and mail this form to: City of Denton Development Services Attn: Cindy Jackson, Project Manager 215 W. Hickory St. Denton, TX 76201 You may also email or fax a copy to cindy.jackson@cityofdenton.com or (940) 349-7707. Project Number Z20-0001 Please circle one: ,�Infavor of request o Opposed to request Comments• TDA �� Signature: Printed Name: Street Address: ale ' e- r" p74'ct.P c t City, State and Zip Code: Phone Number: q Lb — Email Address: �'lIQlh 1l d�lt.v'" 9C 1l I 1 M J' Physical Address of Property within 200 Feet:US ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 Z20-0001 Plaza at Thunderbird Zoning Change Residential 2 (112) to Mixed Use Neighborhood (MN) Proposed Limitations General Limitations: • The uses adjacent to the eastern and southern boundary (residences) shall be restricted to medical offices, medical clinics, professional offices and residential. • The parking on the east side shall be between the offices and the east boundary to buffer the existing residential to the east. • The medical offices, medical clinics, residences and professional offices along the east and south side shall be limited to one story. • Access from Colonial Drive shall be restricted to emergency access only. Specific Limitations: The uses specified below are uses that are allowed in the MN zoning district but are explicitly prohibited by the adoption of this list of limitations: • Multifamily Dwelling • Chapter House • Community Home • Dormitory • Homeless Shelter • Bar, Tavern or Lounge • Mobile Food Court • Hotel • Automotive Fuel Sales • Food Processing i}Y DENTON Response Form Project Number Z20-0001 Windsor and 1-35 Medical Offices Development Services 215 W. Hickory St., Denton, TX 76201 • (940) 349-8541 In order for your opinion to be counted, please complete and mail this form to: City of Denton Development Services Attn: Cindy Jackson, Project Manager 215 W. Hickory St. Denton, TX 76201 You may also email or fax a copy to cindyjackson@cityofdeiiton.com or (940) 349-7707. Project Number Z20-0001 Please circle one: :oIn favor of request ❑ Opposed to request Co �e - � 06 I ,1� a t< i . 5��� � � XYZ; �4- � � c.✓1 � ._ �S�C.t� r �t.�c��- G � `� 6k-- Signature: Printed Name: (1 (..9i Street Address: s�. City, State and Zip Code: w ao7 Phone Number: 00ga Email Address: _ a l�tS @��'7_0✓1 /� Physical Address of Property within 200 Feet: ADA/EOE/AREA www.cityofdenton.com TDD (800) 735-2989 Z20-0001 Plaza at Thunderbird Zoning Change Residential 2 (112) to Mixed Use Neighborhood (MN) Proposed Limitations General Limitations: • The uses adjacent to the eastern and southern boundary (residences) shall be restricted to medical offices, medical clinics, professional offices and residential. • The parking on the east side shall be between the offices and the east boundary to buffer the existing residential to the east. • The medical offices, medical clinics, residences and professional offices along the east and south side shall be limited to one story. • Access from Colonial Drive shall be restricted to emergency access only. Specific Limitations: The uses specified below are uses that are allowed in the MN zoning district but are explicitly prohibited by the adoption of this list of limitations: • Multifamily Dwelling • Chapter House • Community Home • Dormitory • Homeless Shelter • Bar, Tavern or Lounge • Mobile Food Court • Hotel • Automotive Fuel Sales • Food Processing Z20-0001 Plaza at Thunderbird Zoning Change Residential 2 (112) to Mixed Use Neighborhood (MN) Proposed Limitations General Limitations: • The uses adjacent to the eastern and southern boundary (residences) shall be restricted to medical offices, medical clinics, professional offices and residential. • The parking on the east side shall be between the offices and the east boundary to buffer the existing residential to the east. • The medical offices, medical clinics, residences and professional offices along the east and south side shall be limited to one story. • Access from Colonial Drive shall be restricted to emergency access only. Specific Limitations: The uses specified below are uses that are allowed in the MN zoning district but are explicitly prohibited by the adoption of this list of limitations: • Multifamily Dwelling • Chapter House • Community Home • Dormitory • Homeless Shelter • Bar, Tavern or Lounge • Mobile Food Court • Hotel • Automotive Fuel Sales • Food Processing Project No. PUBLIC HEARING NOTIFICATION SIGN AFFIDAVIT OF SIGN POSTING Z20-0001 Date of Planning and Zoning Commission Meeting: March 4, 2020 I hereby certify that I have posted or caused to be posted Public Hearing Notification sign(s) on the property subject to Project Name/Number Plaza at Thunderbird/ Z20-0001 located at 4320 N. I-35, Denton, Texas Said sign(s) have been obtained through a sign contractor of choice and meet the specifications as stated in the City of Denton Public Hearing Sign Criteria Sheet. Posting of said signs was accomplished on February 14 , 2020 Said signs have been posted in a manner which provides an unobstructed view and which allows clear reading from the public right(s)of-way along 1 - I-35 and 1 - Colonial Dr. . Said signs will be maintained on the property throughout the entire public hearing process and will be removed within three (3) calendar days subsequent to the final decision by the approving body. I further certify that this affidavit was filed with the Planning Department of the City of Denton within the time provisions specified in the City of Denton Public Hearing Sign Criteria Sheet. Executed this the 14th day of February , 2020 . Applicant or Authorized Representative for Project No. Z20-0001 5c 9AEr--F6^ AA41-.L5 Z20-0001 Printed Name of Applicant or Authorized Representative for Project No. STATE OF TEXAS COUNTY OF BEFORE ME, a Notary Public, on this 1`C- day personally appeared So 464 WV�5 (printed owner's name) the above signed, who, under oath, stated the following: "I hereby certify that I am the owner, for the purposes of this application; that all information submitted herein is true and correct." SUBSCRIBED AND SWORN TO before me, this the day of 1 f���'dr W/l� l 20 Notary Signature DEBORAH FARMER Notary Public, State of Texa: Comm. Expires 09-13-2023 Notary ID 124598426 (seal) PLEASE NOTE: Failure to post the notification sign(s) on the property by the close of business (S pm) on the tenth (10th) day prior to the first public hearing shall result in the postponement of consideration by the Board or Commission. Date/Time submitted: STAFF USE ONLY: Verified by: 5/19 CR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A YES (5): Vice -Chair Margie Ellis. Commissioners: Tim Smith, Brian Beck, Mat Pruneda and Jason Cole. NAYS (0): None. RECUSED (0): None. ABSENT (2): Chair Andrew Rozell. Commissioner Ronnie Anderson. ABSTAINED (0): None. 5. PUBLIC HEARINGS A. Hold a public hearing and consider making a recommendation to City Council regarding a request by Mark Martin representing Jodo Co., LLC for approval of a Specific Use Permit to allow Communications Tower. The property is located 3401 Barcelona Street in the City of Denton, Denton County, Texas. STAFF REQUESTS TO POSTPONE THIS PUBLIC HEARING TO MARCH 18, 2020 DUE TO A NOTIFICATION ERROR. (S 19- 0015, Speed of Light, Cindy Jackson) B. Z20-000la Hold a public hearing and consider making a recommendation to City Council regarding a request by Allison Engineering representing South Stemmons Property Group, Ltd., for a zoning change from Residential 2 (R-2) zoning district to a Mixed -Use Neighborhood (MN) zoning district. The 3.46 -acre site ise�y located on the northeast side of I -35E, approximately 196 -feet northwest of Thunderbird Drive, in the City of Denton, Denton County, Texas. (Z20-0001, Windsor and 35 Medical Offices, Cindy Jackson Cindy Jackson, Senior Planner, presented Public Hearing item 5B. A discussion followed. Vice -Chair Ellis opened the Public Hearing. The following individuals spoke during the Public Hearing: Lee Allison, 2415 N Elm Street, Denton, Texas 76201. Supports the request. Greg Johnson, 319 W. Oak Street, Denton, Texas 76201. Supports the request. Craig Williams, 2119 Glen Garden Street, Denton, Texas 76207. Supports the request. Rose Scott, 2123 Glen Garden Street, Denton, Texas 76207. Supports the request. Jennifer Walters, 2105 Colonial Street, Denton, Texas 76207. Supports the request. Vice -Chair Ellis read into the record the following: Bryan Popham, 2111 Glen Garden Street, Denton, Texas 76207. Supports the request as presented in the concept plan. Lee Allison, the applicant, provided a presentation. Commissioner Smith requested for liquor stores to added as a limitation. Allison agreed. Vice -Chair Ellis closed the Public Hearing. Commissioner Tim Smith motioned to approve Public Hearing item 5B with the applicant's general limitations: I. The uses adjacent to the eastern and southern boundary shall be restricted Ci I to the medical offices medical clinics, professional offices and residential. 2. The parking on the 2 east side shall be between the offices and the east boundary to buffer existing residential to the 3 east. 3. The medical offices, medical clinics, residences and professional offices along the east and 4 south side shall be limited to one story. 4. Access from Colonial Drive shall be restricted to 5 emergency access only. As well as the Specific Limitations not allowing: 1. Multifamily Dwelling 6 2. Chapter House 3. Community Home 4. Dormitory 5. Homeless Shelter 6. Bar, Tavern or Lounge 7 7. Mobile Food Court 8. Hotel 9. Automotive Fuel Sales 10. Food Processing 11. Liquor Store. 8 Motion seconded by Commissioner Jason Cole. Motion carried 5-0. 9 10 A YES (5): Vice- Chair Margie Ellis. Commissioners: Tim Smith, Brian Beck, Mat Pruneda and 11 Jason Cole. 12 NAYS (0): None. 13 RECUSED (0): None. 14 ABSENT (2): Chair Andrew Rozell. Commissioner Ronnie Anderson. 15 ABSTAINED (0): None. 16 17 C. Hold a public hearing and consider making a recommendation to City Council regarding 18 a request by Hugh Pruett for a zoning change from Residential 2 (R-2) to a Planned 19 Development (PD) District. The approximately 15.74 site isenterally located at the 20 southeast corner of Fort Worth Drive and Brush Creek Road. in the Citv of Denton. Denton 21 County, Texas. (PD 19-0004, Villas at Eagle Ridge, Julie Wyatt) 22 23 Commissioner Tim Smith motioned to postpone Public Hearing item 5C to a date certain of March 24 18, 2020 Planning and Zoning Commission meeting. Motion seconded by Commissioner Mat 25 Pruneda. Motion carried 5-0. 26 27 A YES (5): Vice- Chair Margie Ellis. Commissioners: Tim Smith, Brian Beck, Mat Pruneda and 28 Jason Cole. 29 NAYS (0): None. 30 RECUSED (0): None. 31 ABSENT (2): Chair Andrew Rozell. Commissioner Ronnie Anderson. 32 ABSTAINED (0): None. 33 34 D. Hold a public hearing and consider making a recommendation to City Council regarding 35 a request by Medanjo Partners LTD for a Comprehensive Plan Amendment from Business 36 Innovation Future Land Use designation to Regional Mixed Use Future Land use 37 designation. The site includes 3 tracts for a total of approximately 98 acres: Tract 1 includes 38 one acreeg nerally located at the northwest intersection of South Loop 288 and Shad 39 Drive; Tract 2 includes 72.76 acres located at the southwest corner of South Loop 288 and 40 Shady Oaks drive; Tract 3 includes 24.14 acres located on the south side of Shad 41 Drive, approximately 1900 feet west of South Loop 288, in the City of Denton, Denton 42 County, Texas. (CA19-0001, Canopy Trails, Julie Wyatt) 43 44 Commissioner Tim Smith motioned to postpone Public Hearing item 5D to a date certain of April 45 8, 2020 Planning and Zoning Commission meeting. Motion seconded by Commissioner Jason 46 Cole. Motion carried 5-0. 7 06- --LIM Z20-0001 VWindsor and I-35 � I Medical Offices May 19, 2020 City Council Meeting E-# Request & Site Data 1. Z20-0001 a request to rezone 3.46 -acres from Residential 2 (R2) zoning district to Mixed -Use Neighborhood (MN) zoning district. The subject property is generally located on the northeast side of I -35E, approximately 196 -feet northwest of Thunderbird Drive. DENTON Z20-0001 Site Location MI! viii 2321 n � _ � h�. e 9 i •iv . e 4'r 7i�,� •aa ® 13 X. x 9 a f? •• SITE Parcels � � co � oa DENTON Roads } o.,ay..r..r..•ar - -- b�-,-.br:�• mow. m -°°s��.�k'o'6�..�a.:�ad.m`'.`b��_,��,,.,._aam�.m Current Zoning Map Z20-0001 Current Zoning Map PD -H PF MNH y� GO €}Rj3 R4 RR R6 PD-� „� -" HI _- — - R-3 R3•� srmrrrar:�m+ R7 RRO R2 sc . LLL:t�`ifut7 MR LI 5 p cC LtaG',rn llfTE gyp. 1 r. DENTON Roads ��+ R,m� � �.,.,,,.. �,9.• o.,y.rr.e..or C3TY Ole DENTON Proposed Zoning Map Z20-0001 Proposed Zoning Map PO -H � PF j MN cc. GO RRIM PD -LI R4 ON IM i R7 • RRO R2 sc . MR LI c�5 SITE Roads M-1— �...a.. DENTON ,9.• ar..rr.e..or Concept Plan 50 -foot TxDOT Rig of Way DENTN General Approval Criteria for All Applications, Section 2.4.5E 1. General Criteria 2. Prior Approvals 3. Consistent with the Comprehensive Plan and Other Applicable Plans 4. Compliance with this DDC 5. Compliance with other regulations 6. Consistent with Interlocal and Development Agreements 7. Minimizes Adverse Impacts on surrounding Property 8. Minimizes Adverse Fiscal Impacts 9. Compliance with Utility, Service, and Improvement Standards 10. Provides Adequate Road Systems 11. Provides Adequate Public Services and Facilities 12.Rational Phasing Plan DV 5/21/2020Z20 -0001b DENTON Zoning Criteria for Approval (Sec 2.7.2.D) 1. The proposed rezoning is consistent with the Future Land Use Map designation. 2. The proposed rezoning is consistent with relevant Small Area Plan(s). 3. The proposed rezoning is consistent with the purpose statement of the proposed zoning district, as provided in Subchapter 3, Zoning Districts. 4. There have been or will be significant changes in the area to warrant a zoning change. 5. The intensity of development in the new zoning district is not expected to create significantly adverse impacts to surrounding properties or the neighborhood. 6. Public facilities and services are available to adequately serve the subject property while maintaining adequate level of service to existing development. . There was an error in establishing the current zoning district. 5/19/2020 1 111 .-q#ry i ENTON Criteria 1m. Denton Plan 2030 Site designated Low Residential ✓ Low Residential intended for residential neighborhoods with a density of between one to four dwelling units per acre. ✓ Single family subdivisions with distinct internal circulation and limited access to local and connector roads. Organized to promote walkability and access to recreational amenities, neighborhood serving retail, and schools. I o� 000 DENTON Z20-0001 Future Land Use Map V=a@ ( Low �1 Residential c7c.�-y GI�'1�iH113;1 - t:,rrxrn � r3R"Hir3dl'erll Business Innovation 1 rr_v;rra�crn iry�Si.S'� � Moderate Residential I Industrial SITE Future Land Use Regional Mixed use® - e Parcels Low Residential Business Innovation ❑ SS Roads Moderate Residential _Industrial Commerce _ ea. DENTON Criteria 2m. Consistent with Relevant Small Area Plans There are no Small Area Plans for this location. Criteria 3: Consistent with Purpose Statement of Proposed Zoning District. ✓ The MN district is provided to support compatibility between higher -intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicyclists and includes varying densities of residential, neighborhood -serving retail, restaurants, commercial, and office uses. ✓ The MN district in this location satisfies the locational requirement, as it will be located between lower intensity R3 zoning district to the north and the I- 35 corridor to the southwest. Criteria 4: There have been or will be significant changes in the area to warrant a zoning change. RIP C I IY DENTN At W.:: `- Criteria 5: The intensity of new development permitted by the requested zoning district is not expected to create significantly adverse impacts to surrounding areas Streets With the applicant's proposal to gate Colonial and limit access to EMS services only, the site will be accessed only from the I-35 Service Road. There would be minimal impacts to the street network serving the surrounding neighborhood. Water/ Wastewater Public water and wastewater services are available to the site from Colonial Drive, there is capacity within the system to serve the proposal. No extensions of public utilities will be required to support the development. ► Parks The proposed use of the site is non-residential and as such, condition for approval. C DENTON park proximity is not a Criteria 5 continued Schools The subject site is not residential and will not impact the student population. Fire Station The subject property is approximately 1.2 miles from Fire Station #5 (W. Windsor Drive), within the eight minutes or less response time boundary. C 111' ()I DENTN 0 Notification Z20-0001 • Newspaper Ad: May 2, 2020 • Property Posted: February 14, 2020 • Mailed Notices: February 14, 2020 • 200 ft. Public Notices certified mail: 12 • 500 ft. Courtesy Notices via regular mail: 66 • Responses to 200' Legal Notice: In Opposition: 0 In Favor: (24.46%) Neutral: 0 • Two Neighborhood Meetings were held. �L� DENTON Z20-0001 Notification Response Map 10 f - In Favor (4) SITE COD o Neutral (0) Parcels ETJ a ` Opposed (0) Roads NAA 811120 0�°' � DENTON Planning and Zoning Commission Recommendation The Planning and Zoning Commission recommended approval (5-0) subject to the following conditions: General Limitations: • The uses adjacent to the eastern and southern boundary (residences) shall be restricted to medical offices, medical clinics, professional offices, and residential. • The parking on the east side shall be located between the offices and the east boundary to buffer the existing residential to the east. • The medical offices, medical clinics, professional offices, and residences along the east and south side shall be limited to one-story. • Access to Colonial Drive shall be restricted to emergency access only. yd' 5/21/2020 File ID: Z20 -1b 000 -ICT 4 DENTON Planning and Zoning Commission Recommendation Continued: The Planning and Zoning Commission recommended approval (5-0) subject to the following conditions: Specific Limitations: The uses specified below are uses that are allowed in the MN zoning district but are specifically prohibited by the adoption of this list of limitations: Multifamily Dwelling Chapter House Community Home Dormitory DENTON Bar, Tavern or Lounge Mobile Food Court Automotive Fuel Sales Food Processing Hotel Homeless Shelter Liquor Stores S:1LegallOur DocumentslOrdinances1201Z20-0001-135 Offices Rezoning Final.Docx ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM THE RESIDENTIAL 2 (R2) ZONING DISTRICT AND USE CLASSIFICATION TO THE MIXED-USE NEIGHBORHOOD (MN) ZONING DISTRICT AND USE CLASSIFICATION; ON APPROXIMATELY 3.46 ACRES OF LAND LOCATED ON THE NORTHEAST SIDE OF I-35, APPROXIMATELY 196 -FEET NORTHWEST OF THUNDERBIRD DRIVE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (Z20-0001) WHEREAS, Allison Engineering, representing South Sternmons Property Group, Ltd., has applied for a zoning change on approximately 3.46 acres of land, from the Residential 2 (R2) zoning classification and use designation to a Mixed -Use Neighborhood (MN) zoning classification and use designation, legally described in Exhibit "A," and depicted on Exhibit `B," attached hereto and incorporated herein by reference (hereinafter, the "Property"); and WHEREAS, on March 4, 2020, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, having given the requisite notices by publication and otherwise, and having afforded full and fair hearings to all property owners and citizens interested in this regard, -recommended approval ofthu iequested Toning district classification and use designation with conditions by a vote of 5-0; and WHEREAS, on April 7, 2020, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 2.7.2 of the Denton Development Code, and is consistent with the Denton Plan and the Denton Development Code; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification and use designation of the property, determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said zoning change is in the public interest and should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district classification and use designation for 3.46 acres of the Property is hereby changed from Residential 2 (R2) zoning classification and use designation to a Mixed -Use Neighborhood (MN) zoning classification and use designation subject to the following conditions: a. General Limitations: 1) The uses adjacent to the eastern and southern boundary (residences) shall be restricted to medical offices, medical clinics, professional offices, and residential. 2) The parking on the east side shall be located between the offices and the east boundary to buffer the existing residential to the east. 3) The medical offices, medical clinics, professional offices, and residences along the east and south side shall be limited to one-story. 4) Access to Colonial Drive shall be restricted to emergency access only. b. Prohibited Uses: The following uses are prohibited on the Property: 1) Multifamily Dwelling 2) Chapter House 3) Community Home 4) Dormitory 5) Homeless Shelter 6) Bar, Tavern or Lounge 7) Mobile Food Court 8) Hotel 9) Automotive Fuel Sales 10) Food Processing 11) Liquor Stores SECTION 3. The City's official zoning map is hereby amended to show the change in the zoning district classification and use designation. 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 remaining provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed, and the former law is continued in effect for this limited purpose. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance 2 of 3 shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record - Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by and seconded by , the ordinance was passed and approved by the following vote - __J: Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. 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 , 2020. CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY 3 of 3 EXHIBIT A BEING all that certain tract of land situated in the FRANCIS BATSON SURVEY, ABSTRACT NO. 43, in the City and County of Denton, Texas, and being a part of the called 33.578 acre tract described in the Deed from Dorcell Young to John W. Porter, recorded in Volume 591, Page 9 of the Deed Records of Denton County, Texas, and as recognized and occupied on the ground, the subject tract being more particularly described as follows: BEGINNING for the Southwest corner of the tract being described herein at an iron rod found for the Southwest corner of said Porter Tract in the monumented East right-of-way line of I.H. 35, said iron rod also being the Northwest corner of Lot 7 in Block 6 of GREENWAY CLUB ESTATES, an Addition in said City, according to the Plat recorded in Volume 4, Page 27 of the Plat Records of Denton County, Texas; THENCE North 15 degrees 45 minutes 55 seconds West, with the East line said highway as monumented, a distance of 279.98 feet to a wood right-of-way marker at the beginning of a curve to the right having a radius of 5583.58 feet; THENCE, along the arc of said curve along said highway, an arc distance of 191.69 feet (chord bearing of North 14 degrees 51 minutes 14 seconds, a distance of 191.68 feet) to an iron rod set for the Northwest corner of the herein described tract; THENCE North 74 degrees 03 minutes 43 seconds East. with the South line of a called 30.124 acre tract described in the instrument recorded in Volume 1080, Page 238 said Deed Records, a distance of 316.69 feet to an iron rod found for the Northwest corner of Lot 2 in Block 7 said Greenway Club Estates; THENCE South 16 degrees 01 minutes 01 seconds East, with the West line thereof a distance of 470.09 feet to an iron rod found for the most Southerly Southeast corner of said Porter tract and the Northeast corner of Lot 10 in said Block 7; THENCE South 73 degrees 47 minutes 17 seconds West, with the South line said Porter Tract and the North line said Greenway Club Estates, a distance of 321.81 feet to the PLACE OF BEGINNING and enclosing 3.463 acres of land. 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