HomeMy WebLinkAbout2020-06-09 Agenda and Backup - AmendedCity Council
City of Denton
Meeting Agenda
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Council Work Session Room1:00 PMTuesday, June 9, 2020
AMENDED
WORK SESSION BEGINS AT 1:00 P.M. IN THE COUNCIL WORK SESSION ROOM
CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR
INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE WORK
SESSION IN THE COUNCIL 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 work session and special called
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 June 9, 2020 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 June 5, 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
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June 9, 2020City Council Meeting Agenda
• 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.
• 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, June 9, 2020, at 1:00 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
Receive a report, hold a discussion, and give staff direction regarding an update to the
City of Denton’s COVID-19 response.
ID 20-944A.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Presentation (ID 20-944)
Attachments:
Receive a report, hold a discussion, and give staff direction regarding demonstrations
following the tragic death of George Floyd, the call to review and reform use-of-force
policies, and Mayor Watts’ proposed pledge to the “Commit to Action” initiative and
creation of an ad hoc use-of-force committee.
ID 20-1114B.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Resolution
Exhibit 3 - Presentation (ID 20-1114) V2
Attachments:
Receive a report, hold a discussion, and give staff direction regarding the Urban Forest
Master Plan.
ID 20-426C.
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June 9, 2020City Council Meeting Agenda
Exhibit 1 Agenda Information Sheet
Exhibit 2 Presentation
Exhibit 3 Urban Forest Master Plan Draft
Attachments:
Receive a report, hold a discussion and give staff direction regarding update of the 2012
Sustainability Plan.
ID 20-521D.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Simply Sustainable Plan - draft
Exhibit 3 - Goals and Strategies Comparison 2012 2019
Exhibit 4 - Committee on the Environment Questions and Clarifications
Exhibit 5 - Sustainability Plan Adoption Resolution
Exhibit 6 - Annual Report Summary
Exhibit 7 - Presentation
Attachments:
Receive a report, hold a discussion, and give staff direction regarding DME’s proposed
Electric Vehicle Charging Infrastructure Strategy.
ID 20-732E.
Exhibit 1 - Agenda Information Sheet.pdf
Exhibit 2 - Presentation
Attachments:
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:
Consultation with Attorneys - Under Texas Government Code Section 551.071.
Consult with the City’s attorneys on the legal status, expenses, strategy and options for
resolution of litigation in Cause No. DC-17-08139, styled “Michael Grim and Jim
Maynard v. City of Denton, Texas” pending in the 68th Judicial District Court, Dallas
County, Texas; where public discussion of these legal matters would conflict with the duty
of the City’s attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise
compromise the City’s legal position in pending litigation.
ID 20-1054A.
Deliberate regarding Real Property - Under Texas Government Code Section 551.072;
Consultation with Attorneys - Under Texas Government Code Section 551.071.
Discuss, deliberate, receive information from staff, and provide staff with direction
pertaining to the potential purchase of real property located southeast of the corner of
Thomas J. Egan Rd. and Jim Christal Rd. in Denton, Denton County, Texas (“Property”),
where the deliberation of same in an open meeting would have a detrimental effect on the
position of the governmental body in negotiations with a third person or potential litigation.
Consultation with the City’s attorneys regarding legal issues associated with potential
claims against the City associated with the Property, where a public discussion of these
ID 20-1099B.
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June 9, 2020City Council Meeting Agenda
legal matters would conflict with the duty of the City’s attorneys to the City of Denton and
the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas, or would jeopardize the City’s legal position in negotiations or
potential litigation.
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 Special Called 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.
Following the completion of the Closed Meeting, the City Council will convene in a Special Called Meeting to
consider the following items:
1. 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 – F). 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.
Consider adoption of an ordinance of the City Council of the City of Denton, a Texas
Home-Rule Municipal Corporation, authorizing the City Manager, or his designee, to
execute an indemnity escrow agreement among and between the Texas Municipal Power
Agency, a Texas joint powers agency, and the cities of Bryan, Texas, Denton, Texas,
Garland, Texas, and Greenville, Texas, regarding the establishment of an escrow to fund
TMPA’s indemnity obligations pursuant to the Joint Operating Agreement between the
cities and TMPA; and, providing and effective date.
ID 20-956A.
Exhibit 1- Agenda Information Sheet
Exhibit 2- Ordinance
Attachments:
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a Modification and Termination of
an Interlocal Contract and Memorandum of Agreement with the City of Corinth, under
ID 20-1004B.
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June 9, 2020City Council Meeting Agenda
the Government Code, Chapter 791.001, related to the use of City of Denton’s server,
hardware, hosting and associated services; and declaring an effective date (File 3839 -
terminate an Interlocal Cooperative Purchasing Agreement with the City of Corinth).
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Ordinance and Termination Letter
Attachments:
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, approving proposals from MAK Repair and Construction, LLC, and
authorizing the expenditure of funds for the reconstruction of three (3) properties under
the City of Denton Home Improvement Program; providing for the expenditure of funds
therefor; and providing an effective date (RFP 7325 - MAK Repair and Construction,
LLC, in the not-to-exceed amount of $468,765).
ID 20-1005C.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Pricing Evaluations
Exhibit 3 - LLC Members
Exhibit 4 - Ordinance
Attachments:
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the approval of a first amendment to a contract between the City
of Denton and Group For Horizon Entertainment Inc. dba Ranger Guard &
Investigations, amending the contract approved by Purchasing on March 24, 2020, in the
not-to-exceed amount of $49,000; said first amendment to provide dedicated security
officer services for the City of Denton in accordance with Texas Local Government Code
252.022, which provides that procurement of commodities and services made because of
public calamity or to preserve or protect the public health or safety of the municipality’s
residents is exempt from competitive bidding, and if over $50,000 shall be awarded by
the governing body; providing for the expenditure of funds therefor; and providing an
effective date (File 7340 - providing for an additional first amendment expenditure amount
not-to-exceed $33,000, with the total contract amount not-to-exceed $82,000).
ID 20-1084D.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Original Contract
Exhibit 3 - Ordinance and Amendment 1
Attachments:
Consider approval of the minutes of May 29, 2020.ID 20-1025E.
Exhibit A -May 29, 2020 Council Meeting - Registrations & SpeakersAttachments:
Consider adoption of a resolution of the City Council of the City of Denton in support of
the Original Denton District’s application for the Arts Respond - Cultural District Project
grant from the Texas Commission on the Arts (TCA); authorizing the Original Denton
District to execute a letter of support; and providing an effective date. The Public Art
Committee recommends approval (8-0).
ID 20-1034F.
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June 9, 2020City Council Meeting Agenda
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Resolution
Exhibit 3 - Draft Letter of Support
Exhibit 4 - Project Narrative
Attachments:
2. ITEMS FOR INDIVIDUAL CONSIDERATION
Consider approval of a resolution of support for the Mayor’s commitment to 1) reviewing
use-of-force policies, 2) engaging the community in such review by including diverse input,
3) reporting the findings of the review to the community and seeking feedback, and 4)
reforming use-of-force policies; creating an ad hoc Use-of-Force Review Committee;
confirming the charge for the Committee; and declaring an effective date
ID 20-1110A.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Resolution
Attachments:
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the Mayor to execute an Interlocal Agreement with Denton
County to address the impact of the public health emergency with respect to the
Coronavirus pandemic; providing an effective date.
ID 20-1069B.
Attachment 1 - Agenda Information Sheet
Attachment 2 - Ordinance
Attachment 3 - Presentation
Attachments:
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, rejecting any and all competitive proposals under RFP 7227 for the supply
and installation of Denton Energy Center (DEC) exhaust air silencers; and providing an
effective date (RFP 7227).
ID 20-999C.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Presentation
Exhibit 3 - Ordinance
Attachments:
Consider approval of a resolution of the City of Denton regarding the addition of land to
La La Ranch Municipal Utility District of Denton County, encompassing approximately
311.39 acres of land located north of Hawkeye Road, south of Doyle Road, and west of
Miller Road, within Division 2 of the Extraterritorial Jurisdiction of the City of Denton,
Texas; and providing an effective date.
ID 20-1052D.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Draft Resolution
Exhibit 3 - Resolution Exhibit A – Map of La La Ranch MUD
Exhibit 4 - Resolution Exhibit B - Petition for Consent
Exhibit 5 - Chapter 8031 Special District Local Laws Code
Exhibit 6 - Location Map
Exhibit 7 - Interlocal Agreement-Denton County
Attachments:
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June 9, 2020City Council Meeting Agenda
Consider approval of a resolution of the City Council of the City of Denton to appoint a
director to the Board of Directors of the Hunter Ranch Improvement District No. 1 of
Denton County, Texas, and providing an effective date.
ID 20-1100E.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Hunter Ranch MMD Appointment Resolution
Attachments:
Consider approval of a resolution of the City Council of the City of Denton to appoint a
director to the Board of Directors of the Cole Ranch Improvement District No. 1 of
Denton County, Texas; and providing an effective date.
ID 20-1101F.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Cole Ranch MMD Appointment Resolution
Attachments:
Consider adoption of an ordinance of the City of Denton authorizing the City Manager to
execute the Third Amendment to the Airport Lease Agreement between the City and
Nebrig Properties, L.P. relating to leased premises at the Denton Enterprise Airport; and
providing for an effective date.
ID 20-1082G.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Site Map
Exhibit 3 - Ordinance
Exhibit 4 - Presentation
Attachments:
Consider adoption of an ordinance of the City of Denton approving a Consent to
Sublease between Nebrig & Associates, Inc. and US Trinity Aviation, LLC, for lease of a
fuel facility and equipment at the Denton Enterprise Airport; and providing an effective
date.
ID 20-1083H.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Site Map
Exhibit 3 - Ordinance
Exhibit 4 - LLC Information
Exhibit 5 - Presentation
Attachments:
Consider nominations/appointments to the City’s Boards, Commissions, and Committees:
Board of Ethics and Human Services Advisory Committee.
ID 20-1109I.
Exhibit 1 - Agenda Information Sheet B&C - 06-09-2020
Exhibit 2 - Nominations 06-09-2020
Attachments:
3. CONCLUDING ITEMS
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June 9, 2020City Council Meeting Agenda
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.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the City's website and bulletin board at the City Hall of
the City of Denton, Texas, on the 5th day of June, 2020 at 6:40 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.
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-944,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 Printed on 6/5/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM/ DCM/ ACM: Todd Hileman
DATE: June 9, 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, April 30, May 5, May 12, May 19, and May 29.
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)
May 29 – Council extended the Declaration of Disaster and Approved a New Order
May 5 – Council approved a New Order
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
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
10
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
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Work SessionUpdate on COVID-19 ResponseJune 9, 20201Tuesday, June 9, 202012
Background2•Work Session Updates•Staff provided updates on the City’s response to COVID-19 during work sessions on March 17, March 20, March 31, April 6, April 21, April 30, May 5, May 12, May 19, and May 29•Local Disaster Declarations and Orders for Public Health Emergency•On May 29, Council extended the disaster declaration and approved a new order effective through June 30 (Ordinance #20-980)•Park Plan and Library Plan for reopening were adopted as a component of the May 29 Order of CouncilTuesday, June 9, 202013
Overview of Updates1. Intergovernmental Updates•Governor Abbott – Phase III Re-openings (GA-26)2. City Facilities and Programs Update•City Facility Reopenings•Parks and Recreation•Denton Public Library3Tuesday, June 9, 202014
1. Intergovernmental Updates415
Governor Abbott Announces Additional Openings5•On Wed., June 3, Governor Abbott issued an executive order announcing Phase III of his plan to reopen Texas (GA-26)•Effective immediately:•Every business establishment in Texas may operate at 50% occupancy•No occupancy limit for:•CISA-defined essential services;•Religious services conducted in churches, congregations, or houses of worship;•Local government operations; and•Childcare services, youth camps, and recreational sports programs.Tuesday, June 9, 202016
Phase III – Outdoor Areas, Events, and Establishments•50% occupancy limit does not apply to outdoor areas, events, or establishments, except for the following:•professional, collegiate, or similar sporting events;•swimming pools;•water parks;•museums and libraries;•zoos, aquariums, natural caverns, and similar facilities; and•rodeos and equestrian events.•Where provided elsewhere, any outdoor event in excess of 500 people may have additional restrictions imposed by county judge or mayor6Tuesday, June 9, 202017
Phase III – Personal Services•50% occupancy limit does not apply to the following provided there is a 6-foot separation between work stations:•cosmetology salons, hair salons, barber shops, nail salons/shops, and other establishments where licensed cosmetologists or barbers practice their trade; •massage establishments and other facilities where licensed massage therapists or other persons licensed or otherwise authorized to practice; and•other personal-care and beauty services such as tanning salons, tattoo studios, piercing studios, hair removal services, and hair loss treatment and growth services.7Tuesday, June 9, 202018
819
2. Update on City Facilities and Programs920
1021
Reopening Safely11•Daily health checks required of employees•Employees, volunteers, and contractors will utilize masks•Part of City’s PPE Guidelines•Required when employees cannot socially distance; in common areas•Regular disinfection of high contact areas•Safety requirements for the public in facilities •Masks = No, but recommended•Social Distancing = Yes•City programs may have additional requirements•Departments will continue to utilize telecommutingTuesday, June 9, 202022
Parks Reopening•New Openings:•Playgrounds•Dog Parks•Volleyball Courts•Ball Field Rentals•Next Openings (June 15):•Park Restrooms•Sports/Fitness Instruction (contract)12Tuesday, June 9, 202023
Library Reopening•New Openings:•Virtual Book-a-Librarian•Computer appointments•Next Openings (late June):•North Branch – June 22•Grab & Go browsing/checkout•Walk-in computer use•Drive-up window hold pickup•25% capacity13Tuesday, June 9, 202024
Questions?14Tuesday, June 9, 202025
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1114,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding demonstrations following the tragic death
of George Floyd, the call to review and reform use-of-force policies, and Mayor Watts’ proposed pledge to the
“Commit to Action” initiative and creation of an ad hoc use-of-force committee.
City of Denton Printed on 6/5/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM/ DCM/ ACM: Todd Hileman
DATE: June 9, 2020
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding demonstrations following the tragic
death of George Floyd, the call to review and reform use-of-force policies, and Mayor Watts’ proposed
pledge to the “Commit to Action” initiative and creation of an ad hoc use-of-force committee.
BACKGROUND
On May 25, George Floyd, an unarmed person of color, died while in the custody of officers of the
Minneapolis Police Department. This senseless death has stirred demonstrations and a national debate for
the need to review and improve the equitable and proper use-of-force by public safety entities across the
nation. Locally, residents have led and joined in demonstration and protests to express their outrage at the
death of George Floyd, their concern that the use-of-force by police on persons of color across the United
States has been committed in a discriminatory and disproportionate manner that has resulted in injury or
death, and the desire to have such policies and practices of the Denton Police Department reviewed.
Review of Demonstrations
Following the death of George Floyd in Minneapolis, demonstrations for justice and change began to take
place in many urban areas across the nation. While most have been conducted peacefully, some cities
began to experience violence and vandalism that resulted in injuries and significant property damage.
With several events planned in Denton, and with intelligence of threats and encouragement to engage in
possible violence and vandalism, Mayor Watts signed an emergency order and curfew in the areas
identified as possible targets of violence and/or vandalism to reduce the possibility for violence, injury,
and property damage. It was issued not as a result of peaceful demonstrations that had occurred in
Denton, but as a precautionary measure based upon concerning threats that had been made and to provide
for a tool for law enforcement if required.
Throughout the last week, the Police Department has continued to work with and protect the safety of
demonstrators. Staff has provided updates to Council on a regular basis following the events of each
evening. There have been no reports of injuries, only three arrests, and, outside of several isolated
incidents, no property damage in the designated areas.
On Thursday and Friday, staff reached out and surveyed close to 200 businesses, with more than 50
businesses in the downtown area providing feedback on the curfew and recent experience. While they
were appreciative of the additional safety provided by the Denton police presence and the restrictions of
the local order, businesses felt the necessity of the order was reduced compared to events earlier in the
week, provided the violent incidents and property damage do not occur. The businesses were generally in
favor of ending the curfew or pushing back to a later time.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
27
Due to the lack of violence of the past several days’ events, ongoing cooperation between the Denton
Police Department and organizers, and feedback from business and property owners within the designated
curfew area, the decision was made to terminate the curfew and order after five days.
While no curfew or restrictions are in effect, there will continue to be an increased police presence in the
downtown and surrounding areas to promote safety as anticipated protests and demonstrations are
conducted. If violent or criminal activities, such as assaultive behavior or destruction of property, are
committed in the context of protests and demonstrations, a curfew may be considered again. Event
organizers and attendees are encouraged to be respectful of the local businesses and residents in the area.
Individual Consideration of Item to Support the Review of Police Use-of-Force Policies
Denton Police Chief Frank Dixon not only fully supports the need for police reform, but also heavily
supports the “8 Can’t Wait” initiative by Campaign Zero (8cantwait.org/). The initiative encourages
police departments across the country to adopt 8 measures in the effort to reduce violent encounters
between police and citizens. Currently, very few cities in the U.S. have reported having adopted all eight
measures. The Denton Police Department has very intentionally and deliberately continued to review and
update all General Orders (policies) in place prior to 2018. That process continues today. To see an
updated version of current Denton Police Department General Orders, go to www.cityofdenton.com/en-
us/all-departments/public-safety/police and click on the link “General Orders” (Updated Monthly) under
Documents and Forms.
Within these general orders, the Denton Police Department has adopted the eight (8) measures (see
below) prescribed by Campaign Zero. The ongoing process to refine and improve the all General Orders
continues today.
Chief Dixon has also asked for and supports Mayor Watts in joining former President Obama’s “Commit
to Action” initiative for police reform. The national initiative, led by former President Obama and My
Brother’s Keeper Alliance, calls on mayors across the nation to commit to:
1. REVIEW your police use of force policies.
2. ENGAGE your communities by including a diverse range of input, experiences, and stories in
your review.
3. REPORT the findings of your review to your community and seek feedback.
4. REFORM your community’s police use of force policies.
Referred to as the Commit to Action pledge, it asks mayors to commit to take the above actions and report
on progress within 90 days. Mayor Watts intends to sign the pledge and immediately take action to form
an Ad-Hoc committee to review police use-of-force policies and develop a report of findings and
recommendations to the Mayor and City Council.
The Ad-Hoc committee will be made up of diverse stakeholders and community members. The following
is a list of 18 members that Mayor Watts plans to extend an invitation:
28
• Representative from the National Association for the Advancement of Colored People (NAACP)
• Representative from League of United Latin American Citizens (LULAC)
• Representative from the National Organization of Black Law Enforcement Executives (NOBLE)
University of North Texas College Chapter
• Denton Police Training Advisory Committee Member Sheryl English
• Representatives from University of North Texas (UNT), Texas Woman’s University (TWU), and
North Central Texas College (NCTC)
• LGBTQ Community Representatives, Dr. Carmen Cruz and 1 resident pending contact
• Faith Community Representatives, Reverend Cedric Chambers and Reverend Beau Hughes
• Community and Citizen Representatives, John Baines, Rhonda Love, Gary Henderson, Katina
Stone Butler, and Jarell Butler
• Representative from the Denton Police Officers Association (DPOA), Donnie Carr
• Representative from the Denton Municipal Police Association (DMPA), Tom Birckbichler
Mayor Watts has asked John Baines to serve as chair of the ad-hoc committee. Chief Dixon, Denton
Police Accreditation and Compliance Unit Representative Dr. Richard Williams, City Manager Todd
Hileman, Deputy City Attorney Mike Cronig, and City Council Member Jesse Davis would serve as ex-
officio members to the Ad-Hoc committee.
There is an item under Individual Consideration on the agenda that would affirm City Council’s support
for Mayor Watts to sign the Commit to Action pledge and support to immediately engage an Ad-Hoc
committee made up of community representatives to review use-of-force policies and bring back
recommendations and a report to City Council within 90 days.
A presentation for the work session is being developed and will be shared with City Council and posted
with the agenda online as soon as it is available.
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Resolution under Individual Consideration
Respectfully submitted:
Frank Dixon
Chief of Police
Sarah Kuechler
Chief of Staff
29
30
31
32
Work SessionCommit to Action and Use-of-Force CommitteeJune 9, 20201Tuesday, June 9, 2020ID#20‐111433
Overview•Review of Demonstration Events•Denton Police Department Use-of-Force Policies•Next Steps (ID#20-1110)•Sign onto “Commit to Action” initiative•Create an Ad-Hoc Use-of-Force Committee2ID#20‐1114 Tuesday, June 9, 2020
34
Review of Demonstrations•Following the tragic death of George Floyd in Minneapolis, demonstrations for justice and change began to take place in many areas across the nation, including Denton•Although many were peaceful, including the couple in Denton, some began to experience violence and vandalism that resulted in injuries and significant property damage•Based upon tips and intelligence gathered, an emergency order and curfew was signed for certain areas of Denton beginning on Sunday, May 31 •To provide a tool for law enforcement to protect the safety of participants and bystanders and maintain order3ID#20‐1114 Tuesday, June 9, 2020
35
Review of Demonstrations•Through the last week, the Police Department has continued to work with and protect the safety of demonstrators. Staff has provided updates to City Council on a regular basis.•Review of demonstration events•On Thursday/Friday, staff reached out and surveyed businesses in the downtown and curfew areas•Appreciative of the additional safety provided by PD and restrictions of the order; however, businesses felt the necessity of the order was reduced compared to events earlier in the week, provided violent incidents and property damage do not occur•In favor of ending the curfew or pushing back to a later time•Due to lack of violence, ongoing cooperation between DPD and organizers, and feedback from businesses, the decision was made to immediately terminate the order and curfew on Friday, June 54ID#20‐1114 Tuesday, June 9, 2020
36
Denton Police Department•Chief Dixon is supportive of review and reform•DPD has very intentionally and deliberately continued to review and update all General Orders (policies) in place prior to 2018•Copies of current orders available at dentonpolice.com •Within these orders, the DPD has adopted the 8 Can’t Wait initiative measures prescribed by Campaign Zero5ID#20‐1114 Tuesday, June 9, 2020
37
Commit to Action•Mayors across the nation are signing onto a “Commit to Action” initiative by former President Obama and My Brother’s Keeper Alliance •Calls upon mayors to review:1. REVIEW your police use of force policies2. ENGAGE your communities by including a diverse range of input, experiences, and stories in your review3. REPORT the findings of your review to your community and seek feedback4. REFORM your community’s police use of force policies6ID#20‐1114 Tuesday, June 9, 2020
38
Ad-Hoc Committee•Mayor Watts intends to sign the pledge and immediately take action to engage and form an Ad-Hoc Committee to review police use-of-force policies•Committee will review, research, gather community input, and establish clear findings, conclusions, and recommendations regarding use-of-force policies and training for the Denton Police Department•As recommended by the “Commit to Action” initiative•City staff will provide administrative and technical assistance as needed7ID#20‐1114 Tuesday, June 9, 2020
39
Ad-Hoc Committee•The committee will be appointed by Mayor Watts and be made up of diverse stakeholders and community members, including representatives from:•The National Association for the Advancement of Colored People (NAACP) -representative tbd by organization•The League of United Latin American Citizens (LULAC) -representative tbd by organization•The National Organization of Black Law Enforcement Executives (NOBLE) University of North Texas College Chapter -representative tbd by organization•The Denton Police Training Advisory Committee -Member Sheryl English•Local Universities/Colleges –one representative from each; tbd by UNT, TWU, and NCTC•Denton Independent School District -representative tbd by DISD•The LGBTQ Community -Dr. Carmen Cruz, Kamyon Conner•The Faith Community -Rev. Cedric Chambers, Rev. Beau Hughes•Persons with Disabilities –Jaime Walker Blanton•The Denton Police Officers Association (DPOA) –representative tbd by association•The Denton Municipal Police Association (DMPA) –representative tbd by association•Citizens and Community Members –John Baines, Rhonda Love, Gary Henderson, Katina Stone Butler, and JarellButler•Ex-officio members would include Chief Dixon, Police Accreditation and Compliance Unit Representative Dr. Richard Williams, City Manager Todd Hileman, Deputy City Attorney Mike Cronig, and City Council Member Jesse Davis8ID#20‐1114 Tuesday, June 9, 2020
40
Ad-Hoc Committee•Committee to develop a report to the Mayor and City Council by Sept. 15, 2020, in line with 90-day goal included in the “Commit to Action” initiative•Resolution under Individual Consideration (ID#20-1110) on today’s agenda would affirm City Council’s support for the Mayor to sign onto the initiative and immediately form an Ad-Hoc Use-of-Force Committee9ID#20‐1114 Tuesday, June 9, 2020
41
Questions?10ID#20‐1114Tuesday, June 9, 202042
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-426,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding the Urban Forest Master Plan.
City of Denton Printed on 6/5/2020Page 1 of 1
powered by Legistar™43
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Parks and Recreation
ACM: Sara Hensley, Assistant City Manager
DATE: June 9, 2020
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the Urban Forest Master Plan.
BACKGROUND
The Denton Plan 2030, recommends the development of an Urban Forest Master Plan (UFMP) to identify
important tree canopy resources and include specific strategies for protection and provisions of a more
robust tree canopy. The UFMP will build on the broad goals and policies in the Denton Plan 2030 that uses
an integrative approach to environmental management that creates local land conservation strategies
tailored to protect Denton’s water, air, ecosystems, and natural character.
The UFMP provides a shared vision for the future of the urban forest to inspire and engage stakeholders,
both internally and externally, in the care, management and protection of Denton’s urban forest. The UFMP
serves as a guide for managing, enhancing, and growing Denton’s urban forest as a community tree resource
over the next 20 years. While the UFMP is primarily focused on the stewardship of the community tree
resource, it also considers private trees as they contribute significantly to Denton’s livability and
environmental quality.
While the City has completed urban tree canopy assessments and an i-Tree Eco assessment in the past, the
UFMP is a first for Denton and is written to complement the Denton 2030 Plan, the Parks, Recreation
Master Plan and the Sustainable Denton Plan. The plan is the second in the DFW Metroplex behind Plano
and will be followed by Dallas which is currently developing a plan. Other cities that have Urban Forrest
Master Plans are Austin, TX; Charlotte, NC; Minneapolis, MN; Portland, OR; Sacramento, CA; Seattle,
WA and Washington DC. All of these cities are recognized by American Forest as being one of the 10 best
U.S. cities for urban forests.
A draft of the UFMP (Exhibit 3) is provided in a draft form for consideration. This plan lays the ground
work for a more holistic approach to managing Denton’s urban forest. On March 2, 2020, PARD staff
presented to the Parks, Recreation and Beautification Board to gather feedback regarding the Urban Forest
Master Plan. It was determined that no changes to the UFMP were needed.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On March 2, 2020, PARD staff presented to the Parks, Recreation and Beautification Board to gather
feedback regarding the Urban Forest Master Plan.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
44
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Presentation
Exhibit 3 Urban Forest Master Plan Draft
Respectfully submitted:
Gary Packan
Director, Parks and Recreation
Prepared by:
Haywood Morgan
Urban Forester, Parks and Recreation
45
Dana Karcher
Davey Resource Group
ID 20-426 16/9/2020 46
Urban Forest Master Plan
City Council Meeting
June 9, 2020
ID 20-426 26/9/2020 47
Urban Forest Master Plan
Process
•Data Review
o Operational/Budgetary
o Guiding Documents
o State of the Urban Forest 2016
•Community Engagement
o Stakeholder Interviews
o Community Meetings
ID 20-426 36/9/2020 48
2016 State of the Urban Forest Report
Annual Benefits of Trees
•$7.2 million in overall benefits,
including:
o $759,000 from removal of air
pollutants
o $3.1 million from sequestered carbon
o $1.6 million in reduced energy-
related costs
o $1.3 million in stormwater reduction
•As of 2016, have stored 458,000
tons of carbon in woody and foliar
biomass, valued at $61 million
ID 20-426 46/9/2020 49
2016 State of the Urban Forest Report
Regional Comparison
11%
21%
22%
28%
28%
29%
0%5%10%15%20%25%30%35%
Garland, TX
Plano, TX
Arlington, TX
Flower Mound, TX
Denton, TX
Dallas, TX
% Canopy CoverComparison City•American Forests. 2006. Urban Ecosystem Analysis of the Town of Flower Mound. •City of Arlington Urban Forest Resource Analysis. 2009. UFORE. •Local Ecosystem Analysis Garland, Texas: Calculating the Value of Nature. 2000. America Forests:
People Caring for Trees & Forests Since 1875. •Texas Tree Foundation 2014 i-Tree Eco Study Dallas•Local Ecosystem Analysis Garland, TX: Calculating the Value of Nature. 2000. American Forests.
ID 20-426 56/9/2020 50
2016 State of the Urban Forest Report
sugarberry
21%
cedar elm
18%
post oak
9%honey locust
8%
honey mesquite
7%
American elm
6%
Eastern red cedar
5%
green ash
4%
Shumard oak
3%
boxelder
1%
other species
18%
Estimated Species Composition
ID 20-426 66/9/2020 51
2016 State of the Urban Forest Report
Canopy by Landcover
•28% tree canopy¹
o 22,540 acres
•14% impervious surfaces
•45% grass/low-lying vegetation
•10% bare soil
•1% open water
¹ Preservation Tree Services, Texas Trees Foundation, & Plan-It Geo. 2016. State of the Denton Urban
Forest. Adjusted by City Staff.
ID 20-426 76/9/2020 52
Very Low
20,524 acres
64.1%
Low
7,782 acres
24.3%
Moderate
1,906 acres
6.0%
High
1,144 acres
3.6%
Very High
652 acres
2.0%
•32,009 acres available for
planting (public and private)
2016 State of the Urban Forest Report
Priority Planting Analysis
Ryan Rd.Teasley Ln.ID 20-426 86/9/2020 53
Stakeholder Engagement
Community Meetings
•#1: Fact Finding
o Canopy Goals
o Need for More Trees
o Level of Care
o Municipal Code Change
o Who Cares for Trees
o Education and Outreach
o Tree Mitigation Fund
•#2 Presentation of Facts
ID 20-426 96/9/2020 54
Tree Fund Expenditures and Balance
Year Expenditures Balance
2014-15 $174,211 $2,448,872
2015-16 $467,260 $2,375,015
2016-17 $294,408 $2,203,376
2017-18 $279,539 $2,234,201
2018-19 $90,825 $2,296,630
2019-Date $2,236,728 $752,114
ID 20-426 106/9/2020 55
Tree Fund Expenditures and Balance
Property Purchase: $2,236,728
Tree Planting: $1,201,240
Education/Outreach: $150,390
ID 20-426 116/9/2020 56
•Three (3) Focus Areas
o A safe and healthy urban forest
o Sustain environmental benefits
o Engage the community
•Nine (9) Goals
•25 Objectives
•85 Action Plans
Urban Forest Master Plan
Overview
ID 20-426 126/9/2020 57
Goal 1: Efficiently manage the community tree resource
•Action Plans:
o Inventory
o Tree Resource Analysis
o Use software to manage trees
o Review UFMP Goals
o Identify costs of maintenance
o Distribute maintenance needs -publicize
o Conduct a “State of the Urban Forest” study
o Report progress
A safe and healthy urban forest
ID 20-426 136/9/2020 58
Goal 2: Promote tree health and good structure
•Action Plans
o Determine resources needed to maintain trees
o Consider staffing levels
o Develop standards of care: young trees
o Educate community members about care and maintenance
o ANSI standards and BMPs
o Consider professional licensing within the city
A safe and healthy urban forest
ID 20-426 146/9/2020 59
Goal 3: Mitigate and reduce risk of wildfire
•Action Plans
o Work with A&M Forest Service specialists
o Reduce ladder fuels
A safe and healthy urban forest
ID 20-426 156/9/2020 60
Goal 4: Recognize trees as green infrastructure
•Action Plans
o Consider amending standards
o Use root barriers
o During other planning efforts, consider trees
o Maintain a tree committee
o Promote “Complete Streets”
o Reimagine efforts to save critical root zones
o Explore alternative designs: sidewalks, etc.
o Require minimum canopy cover
o Revise design standards for parkways and solar use
Sustain environmental benefits
ID 20-426 166/9/2020 61
Goal 5: Promote tree preservation and protection
•Action Plans
o Amend the Development Code/Risk tree removal
o Use the Tree Fund to purchase property
o Enforce conservation standards
o Explore use open space to expand tree canopy
o Post Oak preservation actions
o Provide a list of Certified Arborists and licensed tree care professionals
o Proper tree care educational materials
o Homeowner education: tree conflicts
Sustain environmental benefits
ID 20-426 176/9/2020 62
Goal 6: Develop a City-wide planting plan
•Action Plans
o Conduct a land cover assessment
o Set canopy goal based on assessment
o Species choices that suit the climate, pest & diseases, natives,
drought tolerant,
o Meet the 10-20-30 rule
o Cease ash plantings
o Use mapping to identify tree sites, conduct a planting priority
analysis
Sustain environmental benefits
ID 20-426 186/9/2020 63
Goal 6: Develop a City-wide planting plan
•Action Plans
o Classify and prioritize based on criteria
o Reduce hardscape and utility conflicts
o Match tree species: soil, water, planter size and intended use
o Consider mature crown spread
o Arbor Day diversity
o Tree giveaways (KDB)
o Educational materials
Sustain environmental benefits
ID 20-426 196/9/2020 64
Goal 6: Develop a City-wide planting plan
•Action Plans
o Regularly review and update species list
o Publish species list to the UF Division web page
o Support stormwater management through trees
o Incorporation of trees into design elements
o Consider a planting priority analysis with a focus on stormwater management
Sustain environmental benefits
ID 20-426 206/9/2020 65
Goal 7: Follow Plant Health Care (PHC) policies
•Action Plans
o Continue to follow IPM program
o Reduce impacts of Chinese privet
o Inspect Ash trees regularly
Sustain environmental benefits
ID 20-426 216/9/2020 66
Goal 8: Support community engagement and stewardship
of the urban forest
•Action Plans
o Consolidate tree related information on the city website
o Summarize maintenance responsibilities for property owners
o Share the UFMP through the city’s website
o Publish a State of the Urban Forest Report (Year 1, they 2-5 year intervals)
o Webpage development: species list, KDB, Denton Municipal Electric pruning,
DDC Tree preservation,
Engage the community
ID 20-426 226/9/2020 67
Goal 8: Support community engagement and stewardship
of the urban forest
•Action Plans
o Webpage development: species list, KDB, Denton Municipal
Electric pruning, DDC Tree preservation, tree benefits, species
specific information.
o Maintain partnership with KDB
o Continue to use DTV
o Explore further engagement through social media
o Conduct community surveys
Engage the community
ID 20-426 236/9/2020 68
Goal 9: Celebrate the importance of trees
•Action Plans:
o Arbor Day celebrations traditions
o Promote species diversity
o Include education materials
o Distribute tree care materials
Engage the community
ID 20-426 246/9/2020 69
Thank you for your time!
Dana Karcher
661-964-7148
dana.karcher@davey.com
Haywood Morgan
940-349-8337
haywood.morgan@cityofdenton.com
ID 20-426 256/9/2020 70
URBAN
FOREST
MASTER
PLAN
THE
CITY
OF
TEXAS
1 DentonUrban Forest Master Plan
71
The planting of a tree, especially one of the
long-living hardwood trees, is a gift which you
can make to posterity at almost no cost and
with almost no trouble, and if the tree takes
root it will far outlive the visible effect of any
of your other actions, good or evil.
GEORGE ORWELL
72
Texas Urban Forest Master Plan 3
PREPARED BY:
Davey Resource Group, Inc.
1500 NORTH MANTUA STREET
KENT, OH 44240
DAVEYRESOURCEGROUP.COM
PREPARED FOR:
City of Denton
901-B TEXAS STREET
DENTON, TX 76209
CITYOFDENTON.COM
TEXAS
73
Mayor and City Council
Mayor Chris Watts
Gerard Hudspeth,
Mayor Pro Tem/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
City Administration
Todd Hileman,
City Manager
Mario Canizares,
Deputy City Manager
Sara Hensley,
Assistant City Manager
Acknowledgments
City of Denton City Council
City of Denton City Staff
Photo Credits: City of Denton
Keep Denton Beautiful, Inc.
Special thanks to Community Participants
Davey Resource Group, Inc.
Urban Forest Master Plan
74
Parks, Recreation & Beatification Board
Frances Punch,
Chair – Council Place 7
Denona Lee,
Council Place 1
Kent Boring,
Council Place 2
Alana Presley Taylor,
Council Place 3
David Shuck,
Council Place 4
George Ferrie,
Council Place 5
James Emerich,
Council Place 6
Parks and Recreation
Gary Packan,
Director of Parks & Recreation
Laura Behrens,
Assistant Director of Parks & Recreation
Drew Huffman,
Parks Superintendent
Haywood Morgan, Jr.,
Urban Forester
Russel Koch,
Parks Manager
Craig Arrington,
Parks Manager
Marshall McGee,
Parks Field Supervisor
Teresa Abrams,
formerly Parks Field Supervisor
City Staff
Josh Mullen,
Fire/Community Services
Lancine Bentley,
Fire/Community Services
Pam Alumm,
Engineering-Transportation
Marc Oliphant,
Engineering Transportation
Daniel Kremer,
Public Works-Streets and Drainage
Clark Rosendahl,
Public Works-Streets and Drainage
Keith Gabbard,
formerly Public Works-Streets and Drainage
Tracy Beck,
Engineering-CIP
Doug Breon,
Denton Municipal Electric
Bradley Watts,
Denton Municipal Electric
Daniel Howington,
Denton Municipal Electric
Billy Ewton,
Development Services/Bldg Inspections
Sean Jacobson,
Development Services/Planning
Karina Maldonado,
formerly Development Services/Planning
Carly Weld,
Keep Denton Beautiful, Inc.
Autumn Natalie,
Keep Denton Beautiful, Inc.
Julie Anderson,
formerly Keep Denton Beautiful, Inc.
City Staff (continued)
Sarah Luxton,
Water Utilities
Joetta Dailey,
Water Utilities/Environmental Services
Deborah Viera,
Water Utilities/Environmental Services
Christi Upton,
Water Utilities/Environmental Services
Brian Boerner,
Solid Waste
Sarah Kuechler,
Public Affairs
Ryan Adams,
Public Affairs
Community Stakeholders
Christa Crowe,
Keep Denton Beautiful, Inc. Board
David W. Lehde,
Dallas Home Builders Association
Lee Allison,
Denton Community Developers Alliance
Matt Grubishich,
Texas Trees Foundation
Micah Pace,
Preservation Tree Services
Special Thanks to Community Participants
Acknowledgments 5Texas
75
Scope & Purpose
The Urban Forest Master Plan (UFMP) serves as a
guide for managing, enhancing, and growing Denton’s
urban forest and the community tree resource over the
next 20 years. Whereas the urban forest includes all of
the trees and woody shrubs in Denton, the community
tree resource is comprised of publicly managed trees
along streets, in parks, and at City facilities. While
the Plan is primarily focused on the stewardship of
the community tree resource, the Plan also considers
private trees because they contribute significantly to
Denton’s livability and environmental quality.
In summary, the Plan aims to:
• Recognize best management practices that
promote tree health, maximum benefits, and
community safety
• Promote community outreach, engagement, and
advocacy for the urban forest
• Develop a more cohesive organizational structure
to facilitate collaboration among all departments
and staff who impact or affect the urban forest
• Nurture an ethic of stewardship for the urban
forest among City staff, community organizations,
businesses, and residents
• Increase health and resiliency in the urban forest
by improving species diversity and by managing
pests and invasive species
• Establish baseline metrics and clear goals
for urban forest managers
The Plan includes short-term actions and long-range
planning goals to promote sustainability, species
diversity, and greater canopy cover. The Plan suggests
reasonable time frames for achieving goals, based on
available resources and community support.
Urban Forest Master Plan
76
Table of Contents 7
• SCOPE & PURPOSE
• EXECUTIVE SUMMARY
What Do We Have?
What Do We Want?
How Do We Get There?
How Are We Doing?
• INTRODUCTION
Community
History of Denton
Tree and Canopy Benefits
Air Quality
Carbon Dioxide Reduction
Stormwater Management & Water Quality
Energy Savings
Health, Aesthetic, & Socioeconomic Benefits
Wildlife
Calculating Tree Benefits
WHAT DO WE HAVE?
History of Urban Forestry in Denton
Post Oaks and Development
Wildfire
Urban Forest Resource
Tree Canopy
The Urban Forest Program
Services
Program Funding
Summary of Annual Funding
Tree Fund
Regulations and Policies
Federal and State Law
Denton Municipal Code
2012 Simply Sustainable Denton
Denton Plan 2030
Denton Mobility Plan – 2012 Denton Bike Plan
Denton Parks, Recreation and Trails Master Plan
Denton Municipal Electric Brochure
Conclusion
WHAT DO WE WANT?
Managing Partners
Community Partners
Community Meeting
Plan, Goals, and Actions
Focus Area: A safe and healthy urban forest
Focus Area: Sustain environmental benefits
Focus Area: Engage the community to ensure the future of the urban forest
HOW DO WE GET THERE?
Focus Area: A safe and healthy urban forest
Focus Area: Sustain environmental benefits
Focus Area: Engage the community to ensure the future of the urban forest
HOW ARE WE DOING?
Monitoring
Annual Plan Review
Resource Analysis
Canopy Analysis
Community Satisfaction
Reporting
State of the Urban Forest Report
APPENDICES
Appendix A: References
Appendix B: Acronyms
Appendix C: Industry Standards
Appendix D: Soil Volume & Tree Stature
Appendix E: Alternative Planter Designs
6 16
31
36
60
61
8
10
Table of Contents
Texas 77
How are
we doing?
What do
we want?
What do
we have?
How do
we get there?
What Do We Have?
The plan development process involved a
comprehensive review and assessment of
the existing urban forest resource, including
composition, value, and environmental benefits
(Table 1). The process explored community values
and vision, including those expressed in guiding
documents, including the Denton Plan 2030,
Denton Mobility Plan, Simply Sustainable Plan,
City Ordinance, state law, and other regulatory
and policy documents.
The process evaluated funding for current service
levels, including programs coordinated by local
nonprofit organization Keep Denton Beautiful, Inc.
(KDB). In addition to Park Staff, there are multiple
stakeholders, internal and external, who play a
role in the planning, design, care, and advocacy
of the urban forest. These stakeholders include
City departments, utility providers, nonprofit
organizations, Denton County, the Texas Trees
Foundation, Denton Community Development
Alliance, the Dallas Builders Association, and
community members. Each of these stakeholders
played a role and provided input for the
development of this Plan.
Denton’s Urban Forester works closely with
other City departments to protect, preserve, and
manage the City’s trees. Trees in parks, around
City facilities, and along some arterial roadways
are maintained by park staff and contracted crews
as needed. Park staff provide clearance, visibility
pruning, and emergency response on a reactive
basis. Contractors are generally used for larger
trees and unique situations. A newly revised and
adopted Denton Development Code, promotes
the inclusion of trees into new development to
encourage the expansion of tree canopy. Tree
canopy cover goals are relative to zoning and
range from 40% to 50% in residential areas and
15% to 20% in industrial areas. Additionally, the
Denton Development Code established the Tree
Fund which has contributed to the purchase of
land to preserve existing stands of trees and new
tree plantings. The partnership with KDB has kept
a long-standing tradition of celebrating Denton as
the “Redbud Capital of Texas” and Arbor Day alive
through community-wide tree planting events and
tree giveaways, which have resulted in the planting
of more than 7,000 trees since 2016.
With the support of City Council, KDB, and a
dedicated Urban Forester, Denton is poised to
develop a comprehensive urban forestry program
that ensures community vision for a healthy,
aesthetically pleasing, and environmentally
beneficial urban forest.
What Do We Want?
The review process identified challenges and
opportunities for Denton’s urban forest. One of
the biggest threats to trees in Denton is ongoing
development and the loss of large, mature trees to
make room for new buildings and infrastructure.
Denton’s urban forest includes an estimated 3.5
million trees that contribute greatly to the aesthetics
of the community. The urban forest also provides
valuable and critical services to the community
including benefits to air quality, carbon dioxide
reductions, water quality, stormwater management,
energy savings, health benefits, and wildlife habitat,
and socioeconomics. The Urban Forest Master Plan
(UFMP) is a road map which provides long-term
management goals and a timeline to effectively
preserve and enhance the environmental and
socioeconomic benefits provided by this critical
component of infrastructure.
The Plan’s structure is based on the understanding
of what we have, what we want, how we get there,
and how we are doing. This structure is known as
adaptive management, which is commonly used
for resource planning and management (Miller,
1988) and provides a good conceptual framework
for the process of improving urban forest
management.
Executive Summary
8 DentonUrban Forest Master Plan
78
Executive Summary 9
and increased monitoring and proactive risk
management when they become mature. Deferring
maintenance at any stage can have a significant
effect on the overall health, structure, value, and
lifespan of a tree. In addition, deferred maintenance
often results in higher costs and less beneficial
results, including increased risk potential. As a
result, the Plan identifies goals and actions for
optimizing urban forest programming, existing
funding, staffing, and urban forest policy.
How Do We Get There?
The Plan identifies three focus areas and nine
goals for preserving the health, value, services,
and sustainability of Denton’s urban forest. Each
of these goals is supported by comprehensive
objectives and actions. Recognizing that
community engagement is integral to success,
the Plan includes firm objectives for engaging
the community and encourages partnership and
collaboration.
How Are We Doing?
The long-term success of the Plan will be
measured through the realization of Plan goals
and demonstrated through increased value and
environmental services from the urban forest. The
Plan identifies methods of measurement, priorities,
potential partners, and estimated costs. Since
the Plan is intended to be a dynamic tool, it can
and should be updated in response to available
resources and opportunities. One of the greatest
measures of success for the Plan will be its level
of success in meeting community expectations for
the care and preservation of Denton’s urban forest.
In addition to removal of existing trees, the
construction process can be detrimental to soil,
through compaction and removal or redistribution
of topsoil. The loss of organic matter and soil
structure can precipitate a decline in existing
trees, especially native oak species, and negatively
impact new tree establishment and mortality rates.
Many of the species that have been historically
successful in the region are no longer thriving
in urbanized locations. Currently, Denton has
an average canopy cover of 27.9% (2016 State
of Denton Urban Forest Report). A focus on the
preservation of existing mature trees and canopy
will help to ensure that the community continues
to receive a stable flow of benefits from the urban
forest resource.
In neighborhood areas, the City currently does
not provide maintenance to public trees in the
right-of-way (ROW). The Denton Development
Code mandates that property owners adjacent to
ROW trees are responsible for their maintenance
including pruning for clearance and visibility,
irrigating, and removal. Because most homeowners
are unaware and/or do not have the resources to
employ best management practices for tree care,
the result of this policy is that this vital public
resource is subjected to various levels of tree care
that often lead to poor tree health and structure
as well as risk to people and property. The plan
development process identified an opportunity to
explore the costs and benefits of having the City
assume responsibility and maintenance for all
public trees.
Trees are living organisms, constantly changing
and adapting to their environment and increasing
in size over time. Because of this, trees have
specific needs at various life stages, including
training for proper structure when they are young
$1.3 MILLION
2
Denton’s Urban Forest Benchmark Values
URBAN TREE CANOPY COVER (PUBLIC AND PRIVATE, 2016)
URBAN FOREST RESOURCE (PUBLIC AND PRIVATE, 2016)
Annual Canopy Benefits (Public and Private, 2016)
Overall Canopy Cover 28%1
Estimated Total Number of Trees 3.5 MILLION TREES
Annual Carbon Sequestration 23,000 TONS $3.1 MILLION
Impervious Surfaces 45%
Replacement Value $344 MILLION
Annual Air Quality 404.9 TONS $759,000
Canopy Benefits (Public and Private, 2016)
Unique Species 46
Annual Stormwater 151.1 MILLION GALLONS
Carbon Stored to Date 458,000 $61 MILLION
Prevalence of Top Ten Species 82%
Number of Species Exceeding 10%2
Annual Energy $1.6 MILLION
1 Adjusted by City Staff from the State of the Denton Urban Forest Report, 2016.
Table 1: Urban Forest Benchmark Values
$1.3 MILLION
Texas
79
Goal 1: Efficiently manage the community tree resource.
Goal 2: Promote tree health and good structure.
Goal 3: Mitigate and reduce risk of wildfire.
A safe and healthy
urban forest
Primary Objectives:
• Improve understanding of the structure and composition of
Denton’s community tree resource.
• Following completion of a tree inventory, develop pruning and
maintenance cycles.
• Continue to use planting funds successfully.
• Explore the feasibility of the City taking responsibility for the
maintenance of community trees in neighborhoods.
• Revise policies and standards for pruning young trees to
promote healthy growth and structure.
• Ensure community trees are maintained according to industry
standards to promote tree health, longevity, and also public safety.
• Contribute to a fire safe community.
Goal 4: Recognize trees as green infrastructure.
Goal 5: Promote tree preservation and protection.
Goal 6: Develop a City-wide planting plan.
Goal 7: Adopt Plant Health Care (PHC) policies.
Sustain
environmental benefits
Primary Objectives:
• Minimize the encroachment of other utilities.
• Develop maintenance and design strategies for mitigating
conflict with otherwise healthy trees.
• Ensure design standards adequately consider trees.
• Revise and amend the Code of Ordinances to promote
the protection of community trees.
• Continue to contribute mitigation fees to the Tree Fund.
• Mitigate the impacts of development on native post oak
stands.
• Educate the community about their role in maintaining
a safe urban forest.
• Achieve 40% canopy cover by 2040.
• Promote species diversity in the urban forest.
• Encourage equitable distribution of tree canopy across the City.
• Set emphasis on planting the right tree in the right place.
• Encourage the expansion of the urban forest through tree
plantings on private property.
• Support stormwater management through the strategic
growth of canopy.
• Monitor invasive species.
Goal 8: Support community engagement and stewardship
of the urban forest.
Goal 9: Celebrate the importance of urban trees.
Engage the community to ensure
the future of the urban forest
Primary Objectives:
• Develop and maintain a web page for the Urban Forestry
Division on the City website.
• Interact with community members through a variety of outlets.
• Maintain Tree City USA.
Urban Forest Master Plan Focus Areas
10 DentonUrban Forest Master Plan
80
Introduction
Denton’s humid subtropical climate is characterized
by high temperatures and consistent rainfall
throughout the year (Denton, Texas, 2019). On
average, Denton experiences summer highs of 96°F
and average winter lows of 33°F. The average annual
precipitation is 38.1 inches (U.S. Climate Data, 2019).
Denton is located on the southern edge of “Tornado
Alley” and occasionally experiences tornadoes.
Other extreme weather events such as hail and
flash flooding are more common occurrences.
Community
The Redbud Capital of Texas, Denton is located
on the northern edge of the Dallas-Fort Worth
Metroplex. Standing prominently on Hickory
Street, the Denton County Courthouse reflects the
essence that is Denton; balancing the demands of
urbanization with preservation of the past.
History of Denton
The Wichita, Comanche, Kiowa, and Caddo tribes are
the first known people to call the area that is now
Denton “home”. Archaeologists have determined that
native peoples have been a part of North Texas for
thousands of years prior to the arrival of the Spanish
Conquistadors (Cochran, 2013).
1800s
Following the Texas’ declaration of Independence
from Mexico in 1836, there were not permanent
settlers. The first settlers of present-day Denton
settled about a mile southeast of the present-day
town center along the Pecan Creek and named the
settlement Pinckneyville in honor of Texas’s first
governor, James Pinckney Henderson (Cochran,
2013; Adopt a Town: Pinckneyville (Denton)).
Historians dispute whether a courthouse was ever
built in Pinckneyville; however, some accounts
suggest that court was held under a large oak tree
(Cochran, 2013).
In 1857, as a result of the donation of 100 acres
of land and requests from county residents for
a more centralized location, Denton became the
county seat for Denton County (Cochran, 2013).
Both the City and the County were named in honor
of John B. Denton (a preacher, lawyer and Texas
militia captain) among the earliest settlers in the
area (Bates, 1918). Additionally, many of the original
street names were based on the trees native to the
county (Denton Landmark Commission).
Before and after the Civil War, Denton remained a
small subsistence agricultural community. In 1881,
Denton experienced some growth with the arrival
of the Texas and Pacific Railway. Without an east-
west connection, there was no further expansion of
the town, which kept Denton a small railroad town
(Odom, 1991).
1900s
By the beginning of the 20th century, both North
Texas Normal College (now the University of North
Texas) and the Girl’s Industrial College (now Texas
Woman’s University) were established. Both of
these colleges greatly contributed to the character
of Denton that remains to this day (Odom, 2019).
In fact, Denton’s annual Redbud Festival is rooted
in the Texas Woman’s University festival which
celebrated campus beautification and tree
plantings from 1930 to 1984.
Population growth was moderate until the 1960’s.
It then majorly increased with the construction
of I35-E and I-35W connections to the Dallas-
Fort Worth Metroplex. The building of Dallas/
Fort Worth International Airport in 1974 further
contributed to the population expansion of
Denton. Larger manufacturing companies began
establishing themselves through the 1990’s when
the population had reached 80,537 (Odom, 1991).
Like many other cities in the 21st century, a
renewed interest in urban revitalization began
to shape some of the historic downtown by
preserving historic and cultural areas including
the Oak/Hickory Historical District (which was
designated as a historical district in 1985) (History
of Denton).
2000s
By 2000, Denton reached a population of 80,537
people according to the “Texas Almanac: City
Population History from 1850-2000”. In 2010,
Business Insider published an article rating
Denton as the Best Small Town in America due to
its friendliness, endless entertainment options,
food options, and patriotism (Berlinger, 2012). In
2018, the approximate population was 138,541
(an estimated increase of 19% from 2010) (U.S.
Census, 2019). This up-and-coming community
continues to attract development with numerous
economic opportunities, affordable housing, and
a state-of-the-art transportation system; making
it one of the fastest growing communities in the
Dallas-Fort Worth Metroplex (Hill, 2015).
Affectionately called the “Lil’ d”, Denton offers easy
accessibility to the amenities of the “Big D” (Dallas).
It is often characterized as a college town with the
charm of a small town and a historic downtown.
Denton has an expansive live music scene with
a world-renowned Arts and Jazz Festival and
numerous small music venues across the City
(Discover Denton).
Denton is a community that values the environment,
which is evident through the Clear Creek Natural
Heritage Center, Denton Community Market, Shiloh
Field Community Garden, as well as involvement in
Bee City USA, Monarch City USA, and Tree City USA
national programs. Clear Creek Natural Heritage
Center is a gateway to more than 2,900 acres of
bottomland hardwood forest, upland prairie, and
diverse aquatic habitats. Located within Lake
Lewisville’s upper floodplain and managed by the
City of Denton, it provides residents and visitors with
unmatched ecological, educational, and recreational
opportunities. The Denton Community Market is
a local farmers market that operates during the
summer. Shiloh Field Community Garden, the largest
community garden in the United States, is operated
by Denton Bible Church. It encompasses 14.5 acres
with 152 plots with fruit trees, berries, chickens,
honeybees, and vineyard. It provides products to
fourteen different organizations and ministries
throughout Denton (Dallas News, 2014; Shiloh Field
Community Garden, 2019). Denton is recognized
as a (1) Bee City USA, an initiative of the Xerces
Society to raise awareness about pollinator decline
and encourage healthy habitat in urban areas (The
Xerces Society, Inc., 2018), (2) Monarch City USA,
a program lead by a non-profit to promote planting
milkweeds and nectar plants that encourage
monarch development (Monarch City USA, 2019),
and (3) Tree City USA, an initiative of the Arbor Day
Foundation to green urban areas through enhanced
tree planting and care (Arbor Day Foundation, 2019).
Introduction
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81
Air Quality
Trees improve air quality in five (5) fundamental ways:
• Lessening particulate matter (e.g., dust and
smoke)
• Absorbing gaseous pollutants
• Providing shade and transpiring
• Reducing power plant emissions by decreasing
energy demand among buildings
• Increasing oxygen levels through
photosynthesis
Trees protect and improve air quality by
intercepting particulate matter (PM10), including
dust, pollen, and smoke. The particulates
are filtered and held in the tree canopy until
precipitation rinses the particulates harmlessly
to the ground. Trees absorb harmful gaseous
pollutants like ozone (O3), nitrogen dioxide (NO2),
and sulfur dioxide (SO2). Shade and transpiration
reduce the formation of O3, which is created at
higher temperatures. Scientists are now finding
that some trees may absorb more volatile organic
compounds (VOCs) than previously thought (Karl,
2010; McPherson and Simpson, 2010). VOCs are
carbon-based particles emitted from automobile
exhaust, lawnmowers, and other human activities.
Stormwater Management &
Water Quality
Trees and forests improve and protect the quality
of surface waters, such as creeks and rivers, by
reducing the impacts of stormwater runoff through:
• Interception
• Increased soil capacity and infiltration rate
• Reduction in soil erosion
Trees intercept rainfall in their canopy, which
acts as a mini-reservoir (Xiao et al, 1998). During
storm events, this interception reduces and slows
runoff. In addition to catching stormwater, canopy
interception lessens the impact of raindrops on
barren soils. Root growth and decomposition
increase the capacity and rate of soil infiltration
by rainfall and snowmelt (Xiao et al, 1998). Each
of these processes greatly reduces the flow and
volume of stormwater runoff, avoiding erosion
and preventing sediments and other pollutants
from entering streams, rivers, and lakes. Urban
stormwater runoff is a major source of pollution
for surface waters and riparian areas, threatening
aquatic and other wildlife as well as human
populations. Requirements for stormwater
management are becoming more stringent and
costly. Reducing runoff and incorporating urban
trees in stormwater management planning
have the added benefit of reducing the cost of
stormwater management, including the expense of
constructing new facilities necessary to detain and
control stormwater as well as the cost of treatment
to remove sediment and other pollutants.
Carbon Dioxide Reduction
As environmental awareness increases,
governments are paying more attention to the
effects of greenhouse gas (GHG) emissions and
concerns about climate change. As energy from
the sun (sunlight) strikes the Earth’s surface,
it is reflected into space as infrared radiation
(heat). Greenhouse gases absorb some of
this infrared radiation and trap this heat in the
atmosphere, increasing the temperature of the
Earth’s surface. Many chemical compounds in
the Earth’s atmosphere act as GHGs, including
methane (CH4), nitrous oxide (N2O), carbon
dioxide (CO2), water vapor, and human-made
gases/aerosols. As GHGs increase, the amount
of energy radiated back into space is reduced
and more heat is trapped in the atmosphere. An
increase in the average temperature of the earth
can result in changes in weather, sea levels, and
land use patterns, as well as localized changes
that impact the suitability of some trees and other
plant species to a specific region. In the last 150
years, since large-scale industrialization began,
the levels of some GHGs, including CO2, have
increased by 25% (Greenhouse Gases’ Effect on
the Climate, 2018).
Trees and forests reduce atmospheric carbon
dioxide CO2 in two ways:
• Directly, by reducing CO2 in the atmosphere
through growth and sequestration of CO2 in
woody and foliar biomass.
• Indirectly, by lowering the demand for
energy and reducing CO2 emissions from the
consumption of natural gas and the generation
of electric power.
Tree and Canopy
Benefits
Trees in the urban forest work continuously
to mitigate the effects of urbanization and
development as well as protect and enhance lives
within the community. Healthy trees are vigorous,
producing more leaf surface and canopy cover
area each year. The amount and distribution of
leaf surface area are the driving forces behind
the urban forest’s ability to produce services for
the community (Clark et al, 1997). Services (i.e.
benefits) include:
• Air quality improvements
• Carbon dioxide reductions
• Water quality improvements
• Energy savings
• Health, aesthetic, and socioeconomic benefits
• Wildlife
• Enhanced soil health
Introduction
If a post oak were planted near a building, in
Denton, and lived for at least 20 years, over
its lifetime it will have sequestered 849 lbs of
CO2(make subscript), intercepted 2,575 gallons of
rainfall, avoided 289 gallons of stormwater runoff,
intercepted 5.9 lbs of air pollutants, conserved
691 kWh of electricity, and reduced heating
consumption by 14 therms. -i-Tree Design
URBAN FOREST FACT
12 DentonUrban Forest Master Plan
82
Introduction
Energy Savings
Urban trees and forests modify climate and
conserve energy in three principal ways:
• Producing shade for dwellings and hardscape
reduces the energy needed to cool the building
with air conditioning (Akbari et al, 1997)
• Tree canopies engage in evapotranspiration,
which leads to the release of water vapor from
tree canopies and cools the air (Lyle, 1996)
• Trees in dense arrangements may reduce mean
wind speed and solar radiation below the top
of the tree canopy by up to ~90% compared to
open areas (Heisler and DeWalle, 1988)
An urban heat island is an urban area or
metropolitan area that is significantly warmer than
its surrounding rural areas due to human activities.
Trees reduce energy use in summer by cooling the
surrounding areas. Shade from trees reduces the
amount of radiant energy absorbed and stored
by hardscapes and other impervious surfaces,
thereby reducing the heat island effect, a term that
describes the increase in urban temperatures in
relation to surrounding locations. Transpiration
releases water vapor from tree canopies, which
cools the surrounding area. Evapotranspiration,
alone or in combination with shading, can help
reduce peak summer temperatures by 2 to 9°F
(1 to 5°C) (Huang et al, 1990). The energy saving
potential of trees and other landscape vegetation
can mitigate urban heat islands directly by shading
heat-absorbing surfaces, and indirectly through
evapotranspiration cooling (McPherson, 1994).
Individual trees through transpiration have a
cooling effect equivalent to two average household
central air-conditioning units per day or 70 kWh
for every 200 L of water transpired (Ellison et al,
2017). Studies on the heat island effect show that
temperature differences of more than 9°F (5°C)
have been observed between city centers without
adequate canopy cover and more vegetated
suburban areas (Akbari et al, 1997).
Trees also reduce energy use in winter by
mitigating heat loss, where they can reduce wind
speeds by up to 50% and influence the movement
of warm air and pollutants along streets and out
of urban canyons. Urban canyons are streets
flanked by dense blocks of buildings, affecting
local conditions, such as temperature, wind, and
air quality. By reducing air movement into buildings
and against conductive surfaces (e.g., glass and
metal siding), trees reduce conductive heat loss
from buildings, translating into potential annual
heating savings of 25% (Heisler, 1986).
Three trees properly placed around the home
can save $100–$250 annually in energy costs.
Shade from trees significantly mitigates the
urban heat island effect - tree canopies provide
surface temperature reductions on wall and roof
surfaces of buildings ranging from 20-45°F and
temperatures inside parked cars can be reduced
by 45°F. Reducing energy use has the added bonus
of reducing carbon dioxide (CO2) emissions from
fossil fuel power plants.
Texas 13
83
give an additional 77 million people a 1° C (1.8° F)
reduction in maximum temperatures on hot days
(McDonald et al, 2016).
Several studies have examined the relationship
between urban forests and crime rates. Park-like
surroundings increase neighborhood safety by
relieving mental fatigue and feelings of violence
and aggression that can occur as an outcome
of fatigue (Planning the Urban Forest: Ecology,
Economy, and Community Development, 2009).
Research shows that the greener a building’s
surroundings are, the fewer total crimes. This is
true for both property crimes and violent crimes.
Landscape vegetation around buildings can
mitigate irritability, inattentiveness, and decreased
control over impulses, all of which are well
established psychological precursors to violence.
Residents who live near outdoor greenery tend to
be more familiar with nearby neighbors, socialize
more with them, and express greater feelings of
community and safety than residents lacking
nearby green spaces (Planning the Urban Forest:
Ecology, Economy, and Community Development,
2003). Public housing residents reported 25%
fewer domestic crimes when landscapes and trees
were planted near their homes (Kuo, 2001). Two
studies (one in New Haven, CT and the other in
Baltimore City and County, MD) found a correlation
between increased tree coverage and decreased
crime rates, even after adjusting for a number of
other variables, such as median household income,
level of education, and rented versus owner-
occupied housing in the neighborhoods that
were studied (Gilstad-Hayden et al, 2015; Troy
et al, 2012).
A 2010 study investigated the effects of exposure
to green space at school on the academic success
of students at 101 public high schools in southern
Michigan (Matsuoka, 2010). The study found a
positive correlation between exposure to nature
and student success measured by standardized
testing, graduation rate, percentage of student
planning to go to college, and the rate of criminal
behavior. This trend persisted after controlling
for factors such as socioeconomic status and
race or ethnicity. Conversely, views of buildings
and landscapes that lacked natural features were
negatively associated with student performance.
Health, Aesthetic, &
Socioeconomic Benefits
Exposure to nature, including trees, has a positive
impact on human health and wellness through
improvements in mental and physical health,
reductions in crime, and academic success.
A study of individuals living in 28 identical high-
rise apartment units found residents who live near
green spaces had a stronger sense of community
and improved mental health, coped better with
stress and hardship, and managed problems more
effectively than those living away from green space
(Kuo, 2001). In a greener environment, people
report fewer health complaints (including improved
mental health) and more often rate themselves as
being in good health (Sherer, 2003). Other research
has revealed lower incidence of depressive
symptoms in neighborhoods with greater access to
green space (Jennings & Gaither, 2015).
Trees shade impervious surfaces and prevent
the sun’s rays from hitting them, thus reducing
heat storage and later release, which contribute
to the urban heat island effect. Tall trees that
create a large shaded area are more useful than
short vegetation. Trees also contribute to cooler
temperatures through transpiration, increasing
latent heat storage (the sun’s energy goes to
convert water from its liquid to vapor form)
rather than increasing air temperature (sensible
heat). According to a study conducted by the
Nature Conservancy, it is estimated that trees
have the potential to reduce summer maximum
air temperatures by 0.9 to 3.6° F. Trees help to
address public health concerns for both heat and
air quality. Globally, an annual investment of $100
million in planting and maintenance costs would
Introduction
Denton
If a bald cypress were planted near a building
and lived for at least 20 years, it would have
sequestered 544 lbs of CO2(subscript).
- i-Tree Planting
URBAN FOREST FACT
14 Urban Forest Master Plan
84
Wildlife
Trees provide important habitat for birds, insects
(including bees), and other animal species. Their
greatest contributions include:
• Preservation and optimization of wildlife habitat
• Natural corridors for increased movement and
dispersal
Furthermore, trees and forest lands provide critical
habitat (for foraging, nesting, spawning, etc.) for
mammals, birds, fish, and other aquatic species.
Trees can offer pollinators a valuable source of
flowering plants. With an array of flowering trees that
provide pollen and nectar in the urban forest, bees
are provided with additional food sources. Increasing
tree species diversity and richness contributes to
greater numbers of bird species among urban bird
communities (Pena et al, 2017). Wooded streets
potentially function as movement corridors, allowing
certain species—particularly those feeding on the
ground and breeding in trees or tree holes—to fare
well by supporting alternative habitat for feeding
and nesting (Fernandez-Juricic E. 2001). Greater
tree density also contributes to bat activity in urban
environments and improves outcomes for both birds
and bats (Threlfall et al, 2016).
Restoration of urban riparian corridors and
their linkages to surrounding natural areas has
facilitated the movement of wildlife and dispersal
of flora (Dwyer et al, 1992). Usually habitat
creation and enhancement increase biodiversity
and complement other beneficial functions of the
urban forest. These findings indicate an urgent
need for conservation and restoration measures to
improve landscape connectivity, which will reduce
extinction rates and help maintain ecosystem
services (Haddad et al, 2015).
Soil Health
Urban soils are typically altered with man-made
building materials. Although tree establishment
may be difficult in highly compacted, significantly
altered, or poor soils, establishing urban trees
improves soil quality in numerous ways, including:
• Increased available carbon for microorganisms
• Increased soil microbial biomass
• Reduced erosion and greater water holding
capacity
• Enhanced soil nutrients and organic matter
• Decreased soil compaction and soil bulk density
Trees shed leaves, branches, and root materials
that subsequently decompose and incorporate
nutrients and organic matter into the soil (Oldfield et
al, 2014). Furthermore, tree root exudates aid in soil
aggregation. Not only do these processes increase
the available nutrients in the soil, but they also create
habitat for beneficial soil microbes (Grayston et al,
1997). Trees also increase water infiltration rates
of soil through rainfall interception and altering the
physical properties of the soil (Uthappa et al, 2015).
Calculating Tree Benefits
Communities can calculate the benefits of their
urban forest by using a complete inventory
or sample data in conjunction with the USDA
Forest Service i-Tree software tools. This
state-of-the-art, peer-reviewed software suite
considers regional environmental data and costs
to quantify the ecosystem services unique to a
given urban forest resource.
Individuals can calculate the benefits
of trees to their property by using i-Tree
Design. (www.itreetools.org/design)
Introduction 15Texas
85
the Initiative, to engage the community KDB offers
trees and educational programming through the
Denton Redbud Festival, Trees Mean Business,
City of Denton Tree Rebate Program, Children’s
Arbor Day, Tree Your Block, and Citizen Forester (a
volunteer training program).
The Tree Fund, established in 2004, is funded
by developers when trees are removed for
development projects, to mitigate the loss of the
tree through preservation and planting efforts
elsewhere in Denton.
To further support the urban forest, in 2008, the
first urban forester was hired for the City.
In 2015, City Council approved $350,000 for a
series of tree plantings. The plantings were so well
received by the community that the Council then
expanded the funding to allow for an additional 535
trees to be planted along existing trails and City
maintained properties (Newsletter of the ISA Texas
Chapter, 2016). As a result of these plantings the
City has received Community Forestry Awards in
2016 and 2018 from the Texas AM Forest Service
and the Texas Chapter of the International Society
of Arboriculture. In total, approximately 1,510 trees
were planted because of the increase in funding.
In 2016, the City, in partnership with Preservation
Tree, the Texas Tree Foundation and Plan-It Geo,
conducted an i-Tree Eco assessment, which
resulted in the publication of the 2016 State of
Denton Urban Forest Report.
Post Oaks & Development
Sometimes called the “Royal Oak”, this native species is the predominant species of the Dallas
Fort Worth Metropolitan Area. It was noted by early European explorers that the post oak was a
major species in the Post Oak Savannah Region of Texas (The Post Oaks, 2019). Post oak (Quercus
stellata) are a slow-growing oak which produce a dense wood, which historically has been used as
fence posts and railroad ties, hence the name (Turner, 2010).
The clay nutrient deficient soils and high heat of North Texas make the region a challenging place
for many species of trees to grow. Post oak are uniquely well-adapted to the region with heat
tolerance, low water requirements, and resistance to decay (Stransky, n.d.). Post oak trees provide
habitat for nesting birds, as well as, provide acorns, which are a valuable food source for wildlife
including wild turkey, white-tailed deer, squirrels, and other animals (Stransky, n.d.).
In Denton, post oak trees are a valued part of the urban forest. Around the year 2003, the Tree
Preservation Ordinance was established in response to the removal of mature post oak trees after
ground was broken on a new development. Following this ordinance, a tree committee was created
to be an advisory group to review ordinances.
On the University of North Texas campus there are over 3,000 post oak trees. The campus is actively
undergoing tree preservation efforts to preserve the trees (Post Oak Tree Preservation at UNT, 2018).
In recent years, there has been a notable decline of post oak, especially in urban areas, in North
Texas (Texas Agriculture Daily, 2016). Symptoms reported to Texas Extension include: rapid
chlorosis and necrosis throughout the entire crown, dead tree leaf retention, and groups of dead or
dying trees (McBride and Appel, 2019). While, the death of these trees appeared to be rapid decline,
Texas Extension believe that symptoms are likely observable months before the collapse of a tree
and suggest that numerous environmental factors are contributing to the decline, including the 2011
drought and unseasonal flooding which promotes certain outbreaks of diseases and pests, and
problems associated with urban development (McBride, 2019).
Post oak have shallow root systems which make the trees particularly sensitive to soil compaction,
drainage changes, and soil disturbance (Gilman and Watson, 1994). Construction can be especially
impactful on a root system, through excavation, compaction from heavy equipment, soil grade
changes, and drastic changes in soil drainage.
To mitigate the impact of construction activities on post oak, prevention and planning are critical
for protecting this sensitive species. For any type of construction (new sidewalks, driveways,
remodeling, updates to underground utilities, etc.), a certified arborist should be consulted during
the design and planning phases to determine whether the tree may withstand the impacts of the
given project or if alterations to design can be made to avoid impacts.
History of Urban
Forestry in Denton
Trees have always been integral to the people of
Denton. The Native Americans of the region used
the native post oak for medicinal purposes. The
acorns produced by the trees were used as a food
source (Thomas, 2009).
The 73rd Texas State Legislature designated
Denton as the “Redbud Capital of Texas” in 1993
(Texas State Library and Archives Commission,
2019). In continuation of the tradition of annual
celebrations of beautification and tree plantings set
forth by Texas Woman’s University, Keep Denton
Beautiful, Inc (KDB) began the annual Redbud
Festival. This festival is regularly celebrated on
National Arbor Day through events, workshops, and
free tree giveaways.
The City’s first Arbor Day was in 1990. In 1991
the City received the designation as a “Tree City
USA” city. Denton also received eight Tree City
USA Growth Awards for demonstrating progress
in its community forestry program, including
environmental improvements and achieving higher
levels of tree maintenance.
Keep Denton Beautiful, Inc (KDB), a nonprofit
organization that engages Dentonites in projects
which promote a beautiful and clean Denton,
founded in 1987 (State of the Denton Urban Forest
Report, 2016). The Denton Tree Initiative is among
the organization’s many community improvement
campaigns, in partnership with the City, which is
geared towards promoting the planting of trees on
private property. Since the Initiative began in 2015,
KDB has planted 1,743 trees through a partnership
with the City and community members. As part of
What do we have?
16 DentonUrban Forest Master Plan
86
Wildfire
Wildfires in Texas may not garner the same media
attention that California or other western states
receive, but wildfires are not an uncommon
occurrence. As recent as 2018, according to the
Texas A&M Forest Service, 894 fires were fought
(Dawson, 2018). Drought in 2011, spurred one of
Texas’s worst years for fire, with 3,312 fires fought
by the Texas A&M Forest Service, and the infamous
Bastrop County Complex fire, the most destructive
wildfire in Texas History (Texas Parks & Wildlife,
n.d.). Denton County had a 200-acre fire flare up
in Flower Mound in 2018 but was quickly brought
under control (Associated Press & Kera News, 2018).
The occurrence of a wildfire is influenced by the
current climatic conditions (temperature, humidity,
wind) other environmental factors such as the
type of surrounding vegetation, fuel structure
and moisture content. Much of the Western
United States experiences hot, dry summers, and
communities are adjacent to forested areas that are
adapted to wildfires. The Wildland Urban Interface
(WUI) describes a transition zone where homes are
located on the edge of fire prone areas. There is an
increased risk of personal injury or property damage
resulting from a wildfire in the WUI.
Texas A&M Forest Service has an online Texas
Wildfire Risk Assessment Portal, which has
interactive mapping, which provides members
of the public to review their communities risk
of wildfire, the Wildland Urban Interface (WUI)
present within their community, Wildfire Ignition
Density, and a WUI Response Index. The mapping
features indicate that Denton, like many other parts
of the state, have areas within the City limits with
heightened vulnerabilities to fire.
To have a more fire adapted community, there
must be support to locate WUI areas at risk of
wildfire and engage in risk reduction activities
(Cooke et al, 2016). In 2012, less than 10% of
communities at risk of fire had a Community
Wildfire Protection Plan (CWPP) in place (Jakes et
al, 2012). Whether preparing by creating a CWPP or
other community planning, the steps outlined need
to be in the context of the community, consider
the resources available, and generate a network of
support for implementation of best management
practices (Jakes et al, 2012).
To better mitigate the risk of wildfire in communities
in Texas, Texas A&M Forest Service has mitigation
and preparedness programs to educate and
assist communities on managing their wildfire risk.
Texas A&M Forest service have WUI specialist that
work with community leaders to develop detailed
Community Wildfire Protection Plans.
Drought
Drought conditions will inevitably occur in Denton.
Therefore, soil moisture should be monitored around
trees in order to ensure adequate moisture. To
support tree health, mature trees should be watered
one to two times per week in the summer depending
on the soil type (sandy soils require more frequent
watering than clay soils). Newly planted trees should
be watered more often (Clatterbuck and Tankersley,
n.d.). Every time a newly planted tree is watered, it
should receive 10-20 gallons of water depending on
the size of the root ball.
What do we have?17Texas
87
Urban Forest Resource
The development of the Plan included a review of
the 2016 State of the Denton Urban Forest Report,
which included an urban tree canopy assessment
and i-Tree Eco analysis. Both assessments included
an assessment of trees on both public and private
property, as there is no inventory of publicly
managed trees.
Tree Canopy
Tree canopy is the layer of leaves, branches, and
stems of trees and other woody plants that cover
the ground when viewed from above. Understanding
the location and extent of tree canopy is critical to
developing and implementing sound management
strategies that will promote the smart growth and
resiliency of Denton’s urban forest and the invaluable
services it provides. A tree canopy assessment
provides a bird’s-eye-view of the entire urban forest
and includes consideration of tree canopy along
with other primary land cover, including impervious
surface, bare soils, and water. This information helps
managers better understand tree canopy in relation
to other geospatial data, including:
What do we have?
Figure 1: Historic Change in Canopy Cover in Denton from 2008 to 2018
0%2008
20.4%
2014
22.6%
2018
27.9%
5%
15%
20%
25%
30%
10%
18 Urban Forest Master Plan
HISTORIC CHANGE
The State of the Denton Urban Forest report (2016)
analyzed canopy cover change between 2008
(20.4%) and 2014 (22.6%). During this time canopy
cover increased from 20% to 23%. It increased
again between 2014 and 2018 from 23% to 28%.
While the change in canopy cover suggests that
trees grew significantly over that period, much
of the changes in canopy cover are more likely
attributed to the annexation of forested land
within the City. Development continues to threaten
existing trees and has reduced the overall canopy
cover in the developed areas of the City. Growth of
tree canopy cover will likely be unable to keep up
with the rate of development and those land use
zones identified as undeveloped land are an area
where canopy cover could be heavily impacted.
• Distribution of tree canopy within the
community
• Geopolitical patterns in canopy distribution
• Identification of potential planting areas
The analysis does not distinguish between trees on
public and private property since the benefits of trees
extend beyond property lines. The information can be
used to explore tree canopy in conjunction with other
available metrics, including geography, land use, and
community demographics. This data also establishes
a baseline for assessing future change.
Denton
88
What do we have?19
LAND COVER SUMMARY
Denton encompasses over 116 square miles
(74,492 acres). According to the 2016 State of the
Denton Urban Forest Report, Denton has 22,540
acres of tree canopy or 28% of the overall land
cover. The following characterizes land cover in
Denton:
• 45% (33,321 acres) low-lying vegetation
• 14% (10,506 acres) impervious surface,
including roads, parking lots, and structures
• 17% (7,394 acres) bare soil
• 1% (730 acres) open water
• 38,028 possible planting acres to achieve a
maximum of 52% canopy cover
• 458,000 tons of stored carbon in woody and
foliar biomass of trees
• $7.2 million in total annual environmental benefits
provided by both public and private trees
Map 1: Aerial Map of Denton
Texas
89
What do we have?
20 Urban Forest Master Plan
TREE CANOPY BY LAND USE
Canopy cover can vary widely across different land
use. In Denton, single-family residential areas have
the highest level of canopy cover among land use
designations with 45% canopy cover. Undeveloped
land has a canopy cover of 38%, followed by a
35% canopy cover for parks and open space. In
contrast, commercial land use designations have
a canopy cover of 12%.
Figure 2: Difference in Canopy Cover by Land Use
2008
20.4%
22.6%
27.9%
<1%
<1%
1%
1%
1%
3%
4%
5%
10%
28%
46%
0%10%20%30%40%50%
Government
Religious
Commercial
Infrastructure
Institutional
Multi-Family Residential
Parks & Open Space
Agriculture
Industrial
Single-Family Residential
Undeveloped
Canopy Cover (%)Land Use ClassCanopy Cover (%)Land Use Class
0%10%20%30%40%50%
Denton
90
Map 2: Planting Priority
in Denton
Texas What do we have?21
PLANTING PRIORITY
The planting priority analysis considered site
design and environmental factors, including
proximity to hardscape, canopy fragmentation,
soil permeability, slope, and soil erosion factors
to prioritize planting sites on both public and
private property for the greatest potential return
on investment. Potential plantable areas can be
determined by excluding pervious areas that are
unsuitable for planting (e.g., agricultural fields
and sports fields) and including impervious areas
where trees could feasibly be added (parking lot
islands, along sidewalks, and near road edges).The
analysis identified an estimated 32,009 acres on
public and private land where additional trees could
be planted in Denton, where 1,796 acres are high
or very high priority planting areas. Site visits are
necessary to determine suitability as well as the
actual number of planting sites.
This analysis provides a snapshot of current
conditions. Current canopy cover in Denton is
approximately 28%. If all available planting sites
were planted, the potential canopy cover could be
as high as 87%. However, it is important to note
that this estimate for a potential canopy cover does
not account for planned development. Therefore,
the actual potential canopy cover is likely much
lower. Furthermore, the current canopy cover,
combined with the estimated potential, can assist
in establishing a realistic canopy cover goal.
While available planting sites may ultimately be
planted over the next several decades, the trees
that are planted should be planned for areas of
greatest need and where they will provide the
most benefits and return on investment. Further
analysis could identify areas where trees and
other vegetation could help reduce the effects
of urban heat islands, reduce stormwater runoff,
and increase equitable distribution of canopy
across the City and provide benefits to currently
underserved areas.
91
Sugarberry 21%
Cedar elm 18%
Post oak 9%
Honey locust 8%
Honey mesquite 7%
American elm 6%
Eastern red cedar 5%
Green ash 4%
Shumard oak 3%
Boxelder 1%
Other species 18%
Although cedar elms exhibit some resistance
to Dutch elm disease (DED) compared with
American elm (Ulmus americana), cedar elm is still
susceptible to this devastating disease (Sallee,
2011). In the event of infestation of DED, Denton
could potentially lose 24% of the urban forest
(cedar elm and American elm).
While the exact species distribution of Denton’s urban
forest is unclear, oak species are well represented
in the community and may be an overrepresented
genus in the overall community, possibly in excess of
20% of the overall population. Oak wilt, an infectious
vascular disease caused by the fungus Ceratocystis
fagacearum, is one of the most destructive tree
diseases in the United States and is considered
an epidemic in central Texas (Texas A&M Forest
Service, 2019a). Both red and white oak species are
susceptible to this disease (Denton has both types)
and could potentially impact a significant portion of
Denton’s community trees.
The i-Tree Eco assessment estimates that of the
46 species observed in the 250 plot samples, only
two species (less than 1% of the overall population)
were noted as being invasive to Texas, including:
chinaberry (Melia azedarach), and Chinese tallow
tree (Sapium sebiferum) (Texas Department of
Agriculture, 2013). In contrast, most of Denton’s
tree species, an estimated 96%, are native to the
State of Texas.
SPECIES DIVERSITY
Maintaining species diversity in an urban forest
is essential. Dominance of any single species or
genus can have detrimental consequences in the
event of storms, drought, disease, pests, or other
stressors that can severely affect a public tree
resource and the flow of benefits and costs over
time. Catastrophic pathogens, such as Dutch elm
disease (Ophiostoma ulmi), emerald ash borer
(Agrilus planipennis), Asian long-horned beetle
(Anoplophora glabripennis), invasive shot hole
borer (Euwallacea sp.), and sudden oak death
(Phytophthora ramorum) are some examples
of unexpected, devastating, and costly pests
and pathogens that highlight the importance of
diversity and the balanced distribution of species
and genera.
In light of significant pests and diseases, many
cities are opting to increase diversity to improve
resilience. The widely used 10-20-30 rule of thumb
states that an urban tree population should consist
of no more than 10% of any one species, 20% of
any one genus, and 30% of any one family (Clark et
al, 1997). While this rule does ensure a minimum
level of diversity, it may not encourage enough
genetic diversity to adequately support resilience.
Therefore the 10-20-30 rule should be considered
a minimum goal. Managers should always strive
to increase the range of representation among
species and genera within an urban forest.
An i-Tree Eco assessment was conducted as part
of the 2016 study, which estimated that the most
prevalent species in Denton, for both private and
public property, is sugarberry (Celtis laevigata, 21%)
followed by cedar elm (Ulmus crassifolia, 18%). Both
species exceed the general rule that no single species
should represent 10% of the urban forest resource
(Figure 2).
What do we have?
Figure 2: Estimated Species Distribution
22 DentonUrban Forest Master Plan
92
% of Population DBH Class
23What do we have?
RELATIVE AGE DISTRIBUTION
Age distribution can be approximated by
considering the DBH range of the overall inventory
and individual species. Trees with smaller
diameters tend to be younger and those with larger
DBH are usually more mature. Age distribution
can be a key indicator of the needs of an urban
forest. If a forest is dominated by more mature
trees, these trees tend to need more maintenance
to preserve and may be at risk from aging out of
the canopy. Though these trees tend to provide the
most benefits in terms of canopy coverage, it is
important to have sufficient trees in younger age
categories to replace aging trees. Having a properly
distributed forest by age is essential to preserving
the future of Denton’s canopy.
The urban forest’s age distribution is a key
indicator and driver of maintenance needs. With
Denton’s public tree resource, the age distribution
reveals that 88% of trees are 12-inches or less DBH
and almost 2% of trees are larger than 24-inches
DBH (Figure 3).
Young trees are an essential component of the
longevity of Denton’s urban forest, as 58% of
sampled trees were measured at less than 6-inches
DBH. Some of these trees young trees may be
medium or large-stature tree species which is a
positive indicator for future benefits from the urban
forest, since large shade trees typically provide more
shade, pollutant uptake, carbon sequestration, and
rainfall interception than small trees.
Additionally, young trees have an opportunity
to benefit from structural training, the selective
pruning of small branches to influence the future
shape and structure of a young tree, which can
prevent costly structural issues and branch failures
as these young trees mature into their final size in
the landscape.
Over 40% of trees in the sample were of
intermediate age with a DBH between six to
24-inches. Similarly, these trees would also benefit
from structural pruning. With proper care, these
trees may turn into mature trees and provide
significant environmental and community benefits
for the City.
The sample indicates that almost 2% of the overall
sampled population is comprised of trees greater
than 24-inches DBH. In other words, there are
fewer large mature trees in Denton when compared
to younger trees. Managers have an opportunity to
regularly inspect and provide routine maintenance
to preserve mature trees as long as possible;
allowing younger trees time to grow, so that when
larger trees begin to decline the benefits provided
by younger trees are optimized.
Figure 3: Age Distribution of Sampled Trees in Denton
0%
0–3 3–6 6–12 12–18 18–24 24–30
Ideal Age Distribution
Denton Sampled Trees
>30
5%
15%
20%
25%
35%
30%
10%
Texas
93
Carbon Sequestered and Avoided $3,511,837 48.90%
Energy Savings $1,561,304 21.74%
Stormwater Management $1,350,000 18.80%
Air Quality $759,000 10.57%
BENEFITS
The benefits provided by the urban forest are
dependent upon the species, age (size), and
condition of the tree population. The urban forest
is the one component of urban infrastructure that
has the potential to increase in value over time
and with proper care.
In Denton, the estimated 3.5 million trees within
the community are providing $7.2 million in annual
benefits (Figure 4). A real potential exists for
urban forest benefits to substantially increase
over time as Denton’s young population of trees
mature. Currently, this resource provides the
following benefits:
Air Quality
Net annual air quality improvements, as a result
of decreased ozone (O3), nitrogen dioxide (NO2),
sulfur dioxide (SO2), and particulate matter (PM10),
provided by public trees are valued at $759,000.
Energy Savings
Through shading and modification of their
immediate environment, Denton’s public trees
reduce annual electricity needs by 19,117
megawatts and natural gas use by -52,906 therms,
for a total benefit of $1.6 million.
Stormwater Management
Denton’s 3.5 million trees intercept more than 151
million gallons of stormwater annually, protecting
ground and surface water supplies from harmful
pollutants, for a total value of $1.3 million annually.
Carbon Reduction
By converting carbon into woody and foliar
biomass, Denton’s 3.5 million trees currently
sequester 23,000 tons of carbon per year, valued
at $3.1 million annually. An additional 3,400 tons
of CO2 is avoided through decreased energy use,
resulting in a net value of $452,000.
What do we have?
Figure 4: Annual Benefits of Denton’s Estimated
3.5 Million Trees
Denton24Urban Forest Master Plan
94
What do we have?
Services. Per the Denton Development Code,
pruning for clearance and visibility are the
responsibility of the adjacent property owner, but
this work is sometimes contracted out for trees
within the right-of-way that pose safety concerns.
Occasionally the Urban Forester works with the
Water Service Administration to mitigate impacts
from development and non-permitted activities in
Environmental Sensitive Areas.
Public Works is responsible for street, sidewalk,
and stormwater drainage system maintenance and
in instances where trees are a source of conflict
with infrastructure, the Urban Forester is asked for
recommendations on how to fix or mitigate the
issue. The Engineering Department communicates
with the Urban Forester on Capital Improvement
Projects (CIP) if trees may be impacted by the
design and the Urban Forest provides suggestions
on how to preserve existing trees.
The Urban Forestry Division has numerous pieces
of equipment necessary for providing care to City-
maintained trees. The Department has a 17-year-
old bucket truck with a 90-foot boom capacity.
Additionally, the Department has two chippers, both
less than ten years old.
The Urban Forest Program
Within the Parks and Recreation Department,
the Urban Forestry Division is staffed exclusively
by the Urban Forester. The Urban Forester is
responsible for the following maintenance
activities for street trees:
• Maintain clearance and visibility along City
streets and in parks and open space
• Emergency response (clearing tree debris from
parks and public property)
• Response to service requests (parks, trails,
and center medians)
• Dead and hazardous tree removal
• Design review
• Tree planting
• Pest management
• Community engagement
While Denton is fortunate to have a full-time
Urban Forester, who is highly trained and skilled in
arboriculture and urban forest management, due
to lack of internal resources, most tree work is
conducted by contractors on an as-needed basis.
This differs from other cities within the Dallas-Fort
Worth metroplex that have tree crews such as
Carrolton, Dallas, Fort Worth, and Plano.
The Urban Forester regularly consults with other
City Departments to find solutions for preserving
existing trees in the urban landscape and to
address drainage concerns. Requests to maintain
clearance above streets, sidewalks, and alleyways
are addressed by Community Improvement
PARKS AND RECREATION
DEPARTMENT
PARK MAINTENANCE
DIVISION
URBAN FORESTRY
DIVISION
Texas 25
95
Services
CLEARANCE AND VISIBILITY
Community Improvement Services receives
complaints on a regular basis about tree clearance
issues. Primarily these complaints come from other
City Departments. The standard of clearance that
is required by the Development Code to maintain is
13.5 vertical feet over streets, 7 vertical feet above
sidewalks, and 12 vertical feet above alleyways.
Pruning can affect the growth rate of a tree. When
trees are young, pruning should primarily be
used to promote good structure. Heavy pruning
of young trees can result in structurally weak
waterspouts (upright, sucker-like shoots emerging
on the trunk or branches). While it is important
to maintain clearance and visibility, for young or
newly established trees pruning to maintain these
standards may not be conducive to overall health
or for promoting good structure. In such instances
where a young or newly established tree is violating
these standards, the Urban Forester will primarily
focus on creating vertical clearance in drive lanes
and maintaining clearance to allow for parked cars.
For mature trees, the Urban Forester coordinates
with Community Improvement Services to address
safety-related pruning or requests for tree removals.
With limited funds, minimal proactive maintenance
activities are primarily addressed through
contractors.
EMERGENCY RESPONSE
Through coordination within the Parks
Maintenance Division, tree debris in parks and
other City facilities following storm events and
response to immediate hazards is completed with
the assistance of Park Maintenance Staff. The
Streets Division addresses tree debris in streets.
TREE PLANTING
Currently, tree plantings occur through Keep
Denton Beautiful, Inc. (KDB) events such as the
Community Tree Giveaway, Tree Your Block events,
and Arbor Day events including the annual Denton
Redbud Festival, Children’s Arbor Day, and the
City’s inaugural Texas Arbor Day in 2019. Planting
incentive programs like Citizen Forester Training
Program, the Tree Rebate Program, and Trees
Mean Business also contribute to community tree
plantings. Additional tree plantings are completed
by contractors. Between 2016 and 2018, Parks and
KDB planted and distributed 9,629 trees.
Through the Denton Tree Initiative, KDB started
an ambitious campaign to mitigate deforestation
by 12,000 trees by 2019. While the programming
associated with the Initiative was successful at
increasing education and engagement, the goal
of planting 12,000 trees proved to be a challenge.
Challenges associated with achieving the goal of
planting 12,000 trees included the cost of irrigation,
the overall cost to plant each tree (average cost for
planting a 3-inch caliper tree was $400), and the
lack of willing participants with adequate planting
space on private land.
Additionally, the Urban Forester collaborates
with the City Landscape Architect and Park
Maintenance Irrigation Technicians to design
new park spaces and ensure proper placement,
planting, and irrigation installation for all newly
planted trees.
What do we have?
COMMUNITY ENGAGEMENT AND OUTREACH
One of Keep Denton Beautiful’s main goals is to provide
educational outreach and resources to teach residents
about proper tree planting and care. Between 2016-
2019, Keep Denton Beautiful (KDB) staff and volunteers
provided outreach at 166 events, workshops, and
presentations and brought educational awareness to
an estimated 22,350 attendees.
During the annual Denton Redbud Festival, Keep
Denton Beautiful, Inc. provides educational seminars
on tree care and free or reduced cost trees for
community members who attend the classes. KDB
coordinates volunteer Citizen Foresters through the
Community Citizen Forester Training Program, a
semester-long training designed by Cross Timbers
Urban Forestry Council.
Citizen Foresters attend seven full-day trainings over
a six-month period and are mandated to complete
a set number of tree-specific volunteer hours every
year to maintain their designation. Citizen Foresters
assist in various volunteer planting events in Denton.
The Urban Forester is looking to expand the Citizen
Forester Program to include conducting corrective
pruning for park trees.
In November 2018, to celebrate Texas Arbor Day
and promote the Denton Tree Initiative, KDB hosted
a mini tree giveaway at the City’s inaugural Heritage
Festival. 100 free trees were given to Denton
residents and free classes about native trees and
tree care were offered.
26 Urban Forest Management Plan Denton
96
Dutch elm disease
In Dutch elm disease (DED), beetle vectors carry a
fungal pathogen (Ophiostoma ulmi and Ophiostoma
novo-ulmi) that causes the vascular disease. The
pathogen blocks the flow of water and nutrients
throughout the tree, which quickly causes leaf
yellowing and wilting before the tree dies. The
pathogen can also move from infected individuals
to conspecific neighbors through root grafts.
Dutch elm disease has devastated American elm
populations, killing over 40 million elm trees since
its introduction into the United States in the 1930s
(D’Arcy, 2000). This disease is an ongoing threat to
Denton’s elm populations. Prioritizing preventative
measures such as regular inspections, ample
watering to increase tree vigor, and pruning out dead
branch material (D’Arcy, 2000) have helped maintain
elms as street trees in many western communities.
Oak wilt
There are many overlaps between oak wilt and
DED as they are both beetle vectored vascular
diseases that can also be spread through
root grafts. Oak wilt is caused by the fungus
Ceratocystis fagacearum. Oak wilt is one of the
most destructive tree diseases in the United States
and is considered an epidemic in central Texas
(Texas A&M Forest Service, 2019a). All ages and
sizes of oaks can be impacted. Red oaks, including
live oaks, are highly susceptible to this disease and
typically die two to four weeks after infection. In
contrast, white oaks are much less susceptible, and
in many cases survive an infection.
The City of Denton and Keep Denton Beautiful
promote available tree planting programs and
resources by using websites, printed mailings,
electronic newsletters and e-blasts, utility bill
inserts, press releases, postcard mailings, social
media, printed flyers and posters, outreach events,
and TV ads.
To promote the Tree Rebate Program, an incentive
program that provides residents with $50 rebates
for qualifying tree purchases, printed flyers, posters,
and tree tags are printed and distributed to five local
nurseries. In 2017, KDB staff visited these nurseries
during peak sales times to collect surveys and
promote the program to shoppers.
DTV
Denton has a government access channel, where
residents can receive information about local
happenings. Keep Denton Beautiful, Inc. promotes
their annual Community Tree Giveaway and all
other tree planting programs on the channel.
PEST MANAGEMENT
Similar to all urban forests, Denton’s urban forest
experiences pest and disease problems (Integrated
Pest Management (IPM) update, 2018). As Denton is
in close proximity to large urban centers and a highly
mobile population, there is also a risk of future pest
introductions. This, coupled with the current changes
in climate, make the community vulnerable to pests
and diseases. Although some diseases such as Dutch
elm disease (DED) and oak wilt are not new threats to
the area, they are still of significant concern. Potential
pests and diseases that are of most concern to the
community forest include:
Granulate ambrosia beetle
The granulate ambrosia beetle (Xylosandrus
crassiusculus) was first detected in South Carolina
in the 1970s and has since spread to multiple
states, including east Texas. This beetle feeds
on heartwood tissues. Secondary cankers can
also form on the bark where beetle entrance and
exit wounds occur. The ambrosia beetle has the
potential to colonize healthy or stressed trees
(Atkinson et al, 2000), and has a large hardwood
host range. Known hosts in the United States
include: Acer (maple); Albizia (albizia); Carya
(hickory); Cercis (redbud); Cornus (dogwood);
Diospyros (persimmon); Fagus (beech); Gleditsia
or Robinia (locust); Juglans (walnut); Koelreuteria
(goldenrain tree); Lagerstroemia (crape myrtle);
Liquidambar (sweetgum); Liriodendron (tulip
poplar); Magnolia (magnolia); Populus (aspen);
Prunus (cherry); Pyrus (pear); Quercus (oak);
and Ulmus (elm) (Cole, 2008).
Emerald ash borer
To date, the emerald ash borer (EAB; Agrilus
planipennis) has killed hundreds of millions of
ash trees making it the costliest introduced
forest pest in North America (Emerald Ash Borer
Information Network, 2019). EAB was documented
in northeastern Texas in 2016 and was recently
found north of Fort Worth. Counties nearby (Cass,
Harrison, and Marion) and adjacent (Tarrant) to
Denton County are under quarantine regulations
that restrict the movement of infested ash wood.
With the threat of EAB, it is important for Denton to
avoid planting additional ash trees. All species of
Fraxinus (ash) are susceptible to EAB.
What do we have?27Texas
97
Tree Removals Management
Tree Maintenance Tree Planting and Initial Care
Utility Line Clearance
Utility Line Clearance
$569,095
49.5%
Tree Planting and Initial Care
$293,165
25.5%
Tree Maintenance
$141,772
12.3%
Management
$130,819
11.4%
Tree Removals
$13,907
1.2%
Program Funding
Stable and predictable funding is critical to
effective and efficient management of the urban
forest. Trees are living organisms, constantly
growing and changing over time and in response to
their environment. There are a number of factors
that affect tree health and structure, including
nutrition, available water, pests, disease, wind, and
humidity. While it might seem like most changes
to trees take a long time to occur, some specific
maintenance is critical at certain stages of life. For
instance, young trees benefit greatly from early
structural pruning and training. Minor corrections
that are simple can be applied with low costs
when a tree is young. However, if left unattended
they can evolve into very expensive structural
issues and increase liability as trees mature (at
which point it may be impossible to correct the
issue without causing greater harm). Over mature
trees often require more frequent inspection and
removal of dead or dying limbs to reduce the risk of
unexpected failure. A stable budget allows urban
forest managers to program the necessary tree
care at the appropriate life stage when it is most
beneficial and cost effective.
Summary of Annual Funding
The average annual budget to care for Denton’s
public trees is $1.1 million (based on budgetary
records from 2016-2018). Between 46 to 54%
of funds are dedicated to maintaining utility line
clearance, which is provided by Denton Municipal
Electric (DME). Tree planting and initial care makes
up between 25-30% of annual budgets. Contractors
provide tree trimming services for trees in the public
right-of-way (trees located in center medians or
other areas not directly adjacent to private property),
approximately $50,000 annually. Parks receives 35
to 41% of annual funds. The remainder is divided
between Planning, Community Improvement
Services Capital Improvement Projects, and Keep
Denton Beautiful, Inc (Figure 5).
What do we have?
Tree Fund
The Tree Fund supports programming to increase
and maintain the public tree resource. With
estimated average deposits of $275,000, the funds
are used to purchase, plant, maintain, inventory,
and plan the urban forest. In addition, they allow for
preserving natural forested areas. The Tree Fund
also supports Denton Tree Initiative programs such
as the Tree Rebate Program, Trees Mean Business,
and Tree Your Block, which are programs designed
to provide or plant native and adapted tree species
on private property. It also supports educational
programs to educate the community residents and
developers about the benefits and value of trees.
28 Urban Forest Management Plan
Figure 5: Funding for Denton’s Public Tree Resource, Fiscal Year 2018-2019
Denton
98
SOLAR SHADE - TEXAS
About twenty-four states, including Texas, have solar
access laws that limit Homeowner’s Associations
(HOAs) from banning solar panels. These laws
override the HOA contract that restricts solar
installation. There are two types of solar access
rights that protect a homeowner’s right to install
solar: solar access laws and solar easements. Both
protect property owners’ rights to harness energy
from the sun but address different concerns.
In Texas, an HOA cannot legally prohibit a homeowner
from installing solar on their property. While these
laws protect a homeowner from being denied their
right to install solar, HOAs still have the ability to place
restrictions on where and how it is installed.
Texas Property Code 202.010 states that HOAs are
not allowed to include or enforce provisions within
their regulations, covenants, or by-laws that prohibit
or restrict homeowners from installing a solar energy
device. While this protects a homeowner’s right to
utilize solar energy, there are still several caveats
that allow HOAs to regulate the installation of solar
panels in certain situations. The law also stipulates
that the HOA may designate where the panels should
be located on the roof (a way around that is for the
homeowner to show that the designation hinders the
performance of the solar panels).
Regulations and Policies
Federal and State Law
ENDANGERED SPECIES ACT
Signed in 1973, the Endangered Species Act provides
for the conservation of species that are endangered
or threatened throughout all or within a significant
portion of their range, as well as the conservation of
the ecosystems on which they depend.
The listing of a species as endangered makes
it illegal to “take” (i.e., harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture, collect, or
attempt to do these things) that species. Similar
prohibitions usually extend to threatened species.
MIGRATORY BIRD TREATY ACT (MBTA)
Passed by Congress in 1918, this Act defines that
it is unlawful to pursue, hunt, take, capture, kill,
possess, sell, purchase, barter, import, export, or
transport any migratory bird, or any part, nest, or
egg or any such bird, unless authorized under a
permit issued by the Secretary of the Interior.
The Migratory Bird Treaty Act can impact forestry
operations during times when birds are nesting, which
may delay work in order to avoid violating the MBTA.
Texas is quickly becoming a leader in the nation
at adopting solar technologies and Denton is one
of the early adopters of renewable technologies
and policy within the state (SEIA, 2019). Denton,
after Georgetown, is the second city in Texas to
announce a goal of 100 percent renewable energy
by the year 2020. This new goal updates the
Renewable Denton Plan where the original goal
was to use 70% renewables by the same year.
Denton’s utility company, Denton Municipal Electric
(DME), is a municipally owned utility (MOU)
that serves most of the City’s needs. An MOU
is different from an investor owned utility (IOU)
where customers have decision making power to
decide where they purchase power from (Hoisch,
2019). The flexibility of a MOU combined with
decreasing prices of solar and other renewable
technologies (Mahajan, 2018) allows for Denton
to take ownership of their utilities, diversify their
sources of energy, and utilize cleaner technologies
that allow for them to be a more resilient city.
The University of North Texas is also a leader of
integrating renewable energy credits for parts
of the Denton campus as well as the Discovery
Park campus.
What do we have?29Texas
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DENTON PLAN 2030
The Denton 2030 Plan provides a vision for the
extended future of Denton. The Plan places a
strong emphasis on the viability of the urban forest
by defining clear goals to protect and enhance
greenspace. Citizens and stakeholders consistently
see Denton’s tree canopy as a critical part of
the future of the community. They identified the
urban forest as a dynamic component that can
improve resident’s quality of life when considered
in future planning. In this Plan, urban forests are
factored into urban design principles that support
sustainability and build community character, and
the community goals to enhance the conservation
and preservation of natural resources in Denton.
DENTON DEVELOPMENT CODE
Denton Development Code (updated April 2019)
has 7 subchapters that provide considerations
for trees or forested areas, including: Subchapter
2, Subchapter 3, Subchapter 4, Subchapter 6,
Subchapter 7, Subchapter 8, and Subchapter 9.
Subchapter 2: Administration and Procedures
Subchapter 2 provides alternative plans for
Environmentally Sensitive Areas when development
plans do not meet the established development
standards provided in Subchapter 7.
Subchapter 3: Zoning Districts
Subchapter 3 considers the preservation of
forested lands in some zoning districts.
Subchapter 4: Overlay and Historic Districts
Subchapter 4 applies height limitations to natural
structures, including trees, within the airport
zones. Denotes the incorporation of trees in front
of buildings as an architectural standard in some
Subareas.
Subchapter 6: Gas Wells
Subchapter 6 designates priority to gas well
ordinances if a conflict between tree preservation
and natural gas drilling arises. Environmentally
Sensitive Areas (ESAs) are considered, and a tree
inventory plan is required for proposed Drilling
and Production sites in ESAs. In situations where
drilling encroachment is allowed in ESAs, tree
mitigation measures apply and tree removal
requests are required.
Subchapter 7: Development Standards
Subchapter 7 provides standards for the
management, protection, and expansion of tree
canopy within all land and development in Denton,
unless otherwise noted. The subchapter also
specifies how the City administers the Tree Fund
for tree related work.
The subchapter prohibits the untimely removal of
trees; promoting the protection of existing trees.
As such, the subchapter requires tree removal
permits and proper mitigation standards if tree
removal is necessary and designates authorities
to enforce code and administer penalties. The
subchapter defines and provides a map of
designated Environmentally Sensitive Areas (ESAs).
Additionally, the subchapter provides development
standards for floodplains, Cross Timbers Upland
Habitat, and riparian ESAs. For such areas, a
percent tree canopy retention level is set for
residential and non-residential developments in
Cross Timbers Upland Habitat.
What do we have?
Subchapter 7 outlines requirements for landscaped
buffers that provide transition between different
land use areas by minimizing noise, light, and other
nuisances. This section designates types of buffers
and their associated canopy cover.
This subchapter requires tree protection during
construction as outlined in the tree protection
detail. Standards for relocating heritage and quality
trees are provided. Additionally, the subchapter
provides pruning guidelines and defines other
activities that could influence tree replacement
standards. Designates when tree removal permits
are needed during land disturbance activities and
requires protection of street trees during land
disturbance activities. The subchapter defines
scenarios which necessitate tree mitigation. Tree
mitigation can include replacement plantings or
payments to the Tree Fund.
The purpose of the Tree Fund is defined and
includes the purchase, planting, maintenance, and
preservation of trees in the City. Tree Preservation
is further supported through preservation
incentives, called preserved credits. Credits are
awarded for when preservation goes beyond the
minimum requirement and can be applied towards
landscape canopy requirements. The subchapter
authorizes enforcement for standards on protected
trees, and allows the Director to approve removals
of protected trees if determined to endanger public
health, welfare, or safety.
The subchapter requires a Tree Survey and
Preservation/Replacement Plan to include details
on all protected trees within the area impacted by
the development. The Tree Survey and Preservation
Plans must meet the minimum preservation
requirements for each classification of protected
tree (e.g. Landmark Tree or Heritage Tree, Quality
Tree, of Secondary Tree).
This subchapter lists circumstances for exceptions
to tree preservation and removal. Alternatives to
tree replacement requirements are also included,
which provide alternatives to the tree replacement
requirements (e.g. preserved credit, replacement
trees, payment to the Tree Fund, tree donation, and
conservation easement). Incentives for preserving
or replacing trees as well as reducing hardscapes
are outlined.
Sets minimum standards for percent tree canopy
coverage throughout the City, including for the
different ecoregions present in Denton. The
subchapter applies minimum requirements for
canopy cover and landscaping elements according
to zoning.
Landscaping elements require a designated
percent of new plantings to be contained within
the Landscape Plant List in the Site Design
Criteria Manual and maintenance guidelines.
The subchapter requires the use of appropriate
planting materials and the landscape area point
system as standards for public areas. Different
buffers are required by zoning and adjacent land
use, and standards for such buffers are also
provided. Parking design standards also include
landscape screening. This subchapter also outlines
enforcement of, and alternatives to the landscape
standards for development sites and buffers that
include payment in lieu of planting.
The subchapter designates street tree planting
standards with specifications on location, spacing
and planting plans that require species diversity,
planting standards for trees, and maintenance.
Outlines protections for street trees. Designates
property owners responsible for maintaining
adjacent street trees.
30 DentonUrban Forest Master Plan
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What do we have?
DENTON MOBILITY PLAN –
2012 DENTON BIKE PLAN
The Denton Mobility Plan is currently being
updated. The 2012 Denton Bike Plan supports the
environmental, access, and safety goals contained
in the Denton Plan 2030, as well as, safety goals
of the US Department of Transportation. For
example, the Denton Plan 2030 envisions creating a
network of green infrastructure throughout the City.
Tree plantings around pedestrian and bike trails
provide barriers that lessen the impact of adjacent
cityscapes (e.g. traffic, noise, and air pollution) and
increase the overall aesthetics of the community.
Tree canopy can also improve the character and
usage of trials by increasing shading and helping
mitigate the effects of the urban heat island.
DENTON PARKS, RECREATION AND
TRAILS MASTER PLAN
The working Parks, Recreation, and Trails Master
Plan was accepted in 2001 and updated in
2009. The development of a new Master Plan
which reflects the changes in the community is
currently underway.
Subchapter 8: Subdivisions
Subchapter 8 recognizes ESAs in the development
of subdivisions and references the landscape
requirements provided in Subchapter 7 to be used
in lands set aside for common open space.
Subchapter 9: Definitions
Subchapter 9 defines tree and forest related terms.
2012 SIMPLY SUSTAINABLE DENTON
Simply Sustainable: A Strategic Plan for Denton’s
Future is a comprehensive report meant to improve
sustainability-related programming throughout
the City. In collaboration with the community,
the City created a vision, “to improve our
environment, create economic value, and support
and strengthen our community”, which guided the
Simply Sustainable document. Although the Plan
identifies eight focus areas (Water; Air Quality and
Greenhouse Gas Management; Energy Efficiency
and Conservation; Land Use and Open/Natural
Space; Transportation; Education, Communication
and Community Involvement; Material Resource
Management; and Local Food Production), the
Land Use and Open/Natural Space focus area
emphasizes the importance of the urban forest.
The Plan recommends preserving and maintaining
the green infrastructure, while aiming to enhance
tree canopy cover over time (from 19% in 2011).
Importantly, the Simply Sustainable Denton Plan
identifies the need to set targets for increased
canopy cover goals and places a high priority on
developing and implementing Tree Code.
DENTON MUNICIPAL ELECTRIC
BROCHURE
If a tree canopy has the potential to grow into
above ground utility lines, then it becomes a safety
hazard and warrants intervention. The Denton
Municipal Electric Brochure outlines ways to
prevent tree and utility line conflicts and explains
Denton Municipal Electric (DME) procedures when
conflicts arise. For prevention, DME encourages
residents to plant small stature trees that would
not interfere with above ground utility lines when
their mature heights are reached. DME resolves
emergency situations typically through contracts
with certified arborists to prune trees and maintain
safe distances from utility lines.
CITY OF DENTON INTEGRATED PEST
MANAGEMENT PROGRAM
Approved by City Council in May of 2019, the
Integrated Pest Management Program affirms
the City’s intentions to provide a holistic approach
to managing pests that are harmful to the health,
function or aesthetic value of park landscapes and
public health. The Integrated Pest Management
Program applies multi-faceted strategies that
minimize economic, health and environmental risks.
The Program includes goals to increase
connectivity to nature and enhance sustainability
through conservation practices within parks;
create and maintain a safe environment for the
community; provide a natural, healthy, educational,
and social environment; educate and promote
natural areas and cultural practices; and ensure
stewardship of fiscal resources. The Program
provides a definition of “IPM” consistent with U.S.
Environmental Protection Agency publications.
The Program identifies multiple strategies for
the management of pests including prioritization,
tolerance thresholds, design, plant selection,
cultural practices, mechanical and physical control,
biological control, and pesticides. The Program
identifies 19 strategies that outline the City’s
policies on pest management including; licensing
and training, pest management procedures,
pesticide material management, safety measures
and emergency response, and targeted pest
management.
Texas 31
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CONCLUSION
As a Tree City USA, Denton is well aware of the
importance of trees and urban forests to the
health and sustainability of their community. With
a dedicated, well-trained Urban Forester and an
active non-profit (Keep Denton Beautiful, Inc.)
that provides educational programming on the
importance of trees, the City is well positioned
to sustain the health and environmental benefits
provided by its urban forest.
The local non-profit, Keep Denton Beautiful, Inc.,
has been invaluable for the last 30+ years in
engaging the community through educational
activities, volunteer tree planting events, and the
annual Denton Redbud Festival. Keep Denton
Beautiful continues to be a strong advocate on the
behalf of the urban forest, but also for providing
a robust volunteer base.
Because the urban forest is a dynamic, growing,
and ever-changing resource it will require sound
and proactive management to fully realize its
maximum potential. Trees are an integral part
of the urban landscape and the one component
of urban infrastructure that has the potential to
increase in value over time and with proper care!
Denton is a leader in sustainability, which is reflected
in recent revisions to the Denton Development Code
to expand tree canopy cover in new development
and through the Tree Fund. While this fund has
been greatly beneficial to the enhancement of
Denton’s urban forest, much of the funds have
been unavailable for use as a result of competing
interests in how the fund should be distributed. Clear
direction on the intent of the Tree Fund, whether it
is to purchase land with existing trees to preserve
for future generations or to fund tree plantings
throughout the City, will allow for more opportunities
to use the fund efficiently and cost-effectively.
State of the Denton Urban Forest Report (2016)
determined that the current tree canopy cover is
28%. A planting priority analysis determined that
there are 32,009 acres on public and private land
where additional trees could be planted. While this
significant amount of acreage highlights areas of
opportunity to increase tree canopy cover through
additional trees plantings, there are some other
considerations that should be taken into account.
For instance, some of the acres identified as able
to support tree plantings are actually planned for
development (residential and commercial). These
areas will eventually represent a mixture of land
cover that includes both hardscape (impervious
surface) and tree canopy. It is also important to
recognize that impervious surfaces and canopy
cover can co-exist in many instances especially
with the incorporation of appropriate design
standards. Canopy that extends over hardscape
features (including parking lots, streets, and
structures) can add to the overall amount of
canopy cover and reduce the ratio between canopy
cover and impervious surfaces. In addition, shade
provided by tree canopy can demonstrably extend
the life span of materials used in the construction
of hardscape features (McPherson et al, 2005).
What do we have?
Currently utilities compete for space within the
public right-of-way (water, electric, sewer, etc.).
Utility easements can restrict the amount of space
available for planting a tree, making it challenging
to meet Design Standards intended to promote tree
canopy cover, as well as, provide the necessary soil
volume to support a tree throughout its lifetime.
While the State of the Denton Urban Forest Report
(2016) provided estimates of the species that
comprise Denton’s urban forest, the study did not
include an inventory of all City-planted trees. A tree
inventory is crucial to understanding the health of
the community tree resource and also the necessary
maintenance needs of trees in the public right-of-
way. A complete inventory would provide the Urban
Forestry Division with information to determine the
resources required to address the maintenance
requirements of trees in parks and in the public right-
of-way (all of which would improve public safety).
Adjacent property owners are currently responsible
for all maintenance needs of trees planted in the
public right-of-way. Many property owners are
unaware of their responsibilities or may ignore
maintenance until they are cited by Community
Improvement Services or the tree is dead. Lack
of maintenance poses a risk to the public and
can greatly reduce the environmental benefits
these trees provide to the community. With a
complete inventory of trees, the City could explore
the feasibility of transitioning the maintenance
responsibility of trees from adjacent property
owners to the City.
With a highly mobile population in Denton, pests
and pathogens that threaten the health and
longevity of urban trees is an ever-present threat.
Among the pests that are a concern is the emerald
ash borer (EAB) which effects all species of ash (it
was recently discovered in Fort Worth). This pest
has proven throughout much of the Midwest to be
a highly destructive and expensive pest to manage.
Denton’s urban forest population is estimated to
have approximately 4% green ash (140,000 of the
3.5 million trees in Denton) which could prove to be
costly and result in significant losses to the overall
tree canopy cover. Monitoring for this pest is
critical in ensuring early detection and proactively
manage this highly destructive pest.
If EAB or some other pest arrives in Denton, a
potential challenge will be the City’s inability to
require property owners to remove dead, dying,
or diseased trees on private property. Not only do
these dead, dying, or diseased trees pose a threat
to public safety, but if infested with a damaging
pest, these trees could negatively affect the entire
urban forest if infestation spreads. Without an
amendment to the Code of Ordinances, the City has
no ability to protect the public or the urban forest
from such trees.
Ultimately, protecting and growing the urban forest
requires a commitment from the entire community.
While growth and development are vital to the
economic well-being of Denton, preservation of the
urban forest is equally important for ensuring that
quality of life expectations are maintained. Adopting
and enforcing proactive preservation objectives that
compliment development goals and recognize the
rights of property owners will ensure that Denton
remains a vibrant and attractive community.
32 DentonUrban Forest Master Plan
102
What do we want?
What do we want?
To better understand how the community values the
benefits of the urban forest resource and to provide
residents and other stakeholders an opportunity to
express their views about management policy and
priorities, the Plan development process included
two community meetings.
Managing Partners
While awareness may vary, many individuals and
departments within the City share some level of
responsibility for the community urban forest,
including planning for, caring for, and/or affecting
the policy of urban forest assets. City partners were
invited to participate in an interview and discussion
about their role and perspective for the urban
forest as well as their views, concerns, and ideas
for the Plan. These interviews provided important
information about the current function of the Urban
Forestry program and potential for improvement.
Concerns, requests, and suggestions from all
stakeholders were of primary interest and were
provided full consideration in the development of
the Plan.
Key concepts gathered through the stakeholder
interview process include the following:
1. Dead, dying, or diseased trees on private
property pose a threat to public and private
property and public safety, but the City has no
jurisdiction over the removal of these trees.
2. Loss of natural oak stands as a result of rapid
development, climate change, flood control,
and poor species selection are the biggest
challenges looking ahead to the future.
3. Competing utility easements restrict the space
available for planting trees.
4. There is a strong desire to have an active and
engaged community group whose goal is to
preserve and protect the urban forest as well as
the Cross Timbers ecoregion in natural areas
and expanding developments.
5. There is a need for more education, or a
modification to the current code, regarding the
care of trees planted in the public right-of-way
within residential areas. Not all homeowners
realize their responsibility to care for these
trees; as a result, not all trees are receiving
adequate care.
6. Trees are primarily valued for aesthetics;
privacy screening, greening, and property
value improvements, as well as environmental
benefits; shading, and improving air quality.
7. Some view trees as a hindrance to development
and solar energy infrastructure, or a
complication to maintenance activities.
Managing Partners
Denton Municipal Electric
Fire/Community Improvement Services
Water Utilities/Environmental Services/
Watershed Protection
Keep Denton Beautiful, Inc.
Parks, Recreation & Beautification Board
Planning/Development Services/Building Inspections
Solid Waste
Engineering
Table 2: Managing Partners
How do they protect the heavily wooded areas, how
do they preserve natural areas, and build an urban
forestry department?
MANAGING PARTNERS
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Community Partners
Community partners that impact Denton’s
urban forest were engaged in a discussion. Six
community partners were identified for input
including Keep Denton Beautiful, Inc., Texas Trees
Foundation, Denton County, Denton Community
Development Alliance, Dallas Builders Association,
and Preservation Tree, the Consulting Group.
Meetings were held on August 20th and August
21st, 2019 to engage with each partner about a
series of questions and discussion sessions.
Community partners were asked to speak on
their role in the care/advocacy of Denton’s urban
forest. Each partner provides unique services that
directly or indirectly enhance the urban forest.
Keep Denton Beautiful organizes tree education
programs, fundraising, and supports urban forestry
related advocacy programs. Additionally, they act
as a liaison between stakeholder groups. Texas
Trees Foundation helps bring partners together and
provides support to implement planning decisions.
The Denton Community Development Alliance
considers land development and urbanization,
and advocates for a balanced and equitable urban
forest. Dallas Builders Association is an advocate for
residential construction and the development sector.
Overall community partners feel that the City’s
Urban Forestry Division is striving to do what is
right for Denton’s urban forest and community
residents. Partners recognized the Urban Forestry
Division for providing long standing programing
and places for the public to engage.
Several major challenges and opportunities were
identified for the urban forest over the next 5 to 20
years. The primary concerns were (1) determining
the right trees to plant during a period of changing
weather patterns, (2) protecting and growing the
urban forest in the midst of rapid development, and
(3) increasing the canopy cover and level of tree
care in non-residential areas of Denton.
Denton’s current canopy cover is estimated at 28%.
Although some community partners supported
an increase in canopy cover, their consensus is
to consider economic and environmental factors
when deciding upon future plantings. Participants
encouraged enhancing canopy cover for certain
land use space such as commercial and parking lot
plantings, as well as increasing tree diversity.
Community partners advocated for tree planting
efforts on all kinds of City property including parks,
right-of-way, new residential neighborhoods, and
commercial complexes. Additionally, partners
suggested identifying tree canopy goals by land use
type (instead of one canopy goal for the entire City).
Currently, trees planted by the City within the public
right-of-way are the responsibility of the adjacent
property owner. Community partners thought that
property owners should not be obligated to care for
public right-of-way trees. However, funding would
be needed for the City to assume the maintenance
of neighborhood trees. Partners suggested
receiving funding from: 1) the General Fund, 2) the
existing Tree Fund, 3) a tree care fee, 4) or property
taxes in order for the City to maintain these trees.
In regard to natural areas, community partners
encouraged preservation through (1) incentivizing
developers and landowners to preserve existing
natural areas, (2) accepting natural areas as parks,
(3) establishing guiding documents to discourage
the removal of natural areas, (4) expanding upon
current ideas of natural areas that would fit
community goals and preservation challenges (i.e.
add fruit and nut trees, habitat, leave snags and
over growth, increase species diversity), and (5)
forming collaborative networks such as land trusts
or co-ops to advocate for preservation.
According to the Code of Ordinances, the City
has some ability to require property owners to
abate grass and weeds, but there are no specific
provisions for dead, dying, or diseased trees on
private property which pose a threat to public
property and/or safety. Community partners thought
the Code of Ordinances should be amended to
support the City’s ability to protect the public from
such trees but cautioned that the Urban Forestry
Division might not have the means or the funding
to be able to provide this service at no cost or a
reduced cost.
What do we want?
Denton34Urban Forest Master Plan
104
What do we want?
Community Meetings
Two community meetings were held during the
Plan development process. Both meetings were
advertised through social media City emails, City
website, and City newsletters.
The first meeting was held on Thursday, August
1st, 2019, from 6:00 p.m. to 8:00 p.m at City Hall
and was attended by 36 community members.
The meeting included a presentation about the
community’s urban forest and current program
status. Following the presentation, attendees
participated in a discussion and planning session
to identify goals and objectives for the Urban
Forest Master Plan.
Attendees were asked to provide their expectations
for public tree maintenance, locations for
additional tree plantings, and potential canopy
goals. Participants were also asked to share their
opinions on types of education and outreach and
the best opportunities for providing educational
materials and outreach activities.
Urban Forestry Staff engaged with community
members to understand their opinions on
amending the Code of Ordinances to allow the
City to require private property owners to remove
dead, dying, or diseased trees that pose a threat to
public property and safety. Additionally, residents
were asked about their stance on the City caring
for trees in the public right-of-way. Finally, residents
were asked their preferences on the use of the Tree
Fund, whether funds should be used to purchase
land to preserve existing trees or to fund additional
tree plantings.
More than 25% of responses to the question about
canopy goals indicated that they were not in favor
of a goal of no net loss of canopy. While over
31% of the responses to the question indicated
goals of a 35 to 52% canopy cover, nearly 43% of
the responses indicated that participants were
interested in additional information on the canopy
goals, most notably goals based on land use type.
Participants were asked to indicate their
preferences on where trees should be planted in
Denton. Nearly 23% of respondents to the question
indicated that they did not support a policy of not
planting more trees. New developments were
favored by 25% of respondents as a focus area for
new tree plantings. Support for other planting areas
was varied, but widely positive with nearly 31% in
favor of tree plantings regardless of location.
Over 38% of respondents did not support a “Keep It
Natural” or no maintenance approach when asked
about the desired level of care for public trees.
Coincidentally, 35% of respondents to the question
indicated that they would prefer proactive or a
plant health care-based approach. Notably, 20%
of respondents indicated that they were not sure
about the level of care that would be appropriate
and would require additional information.
Dead, dying, or diseased trees on private property
are not an uncommon site in Denton. While
Community Improvement Services frequently
receive complaints about such trees where
members of the public are concerned about public
safety, the City has no ability to require private
property owners to remove such trees. Input was
sought on revisions to the Code of Ordinances to
require property owners to remove dead, dying,
or diseased trees that endanger public property
and safety. While over 33% of respondents to the
question indicated support for an amendment (only
one person indicated that they would not support
such an amendment) the majority of respondents
(61%) indicated that they were not sure and would
require additional information.
According to the Denton Development Code,
trees required by the City to be planted in the
public right-of-way are the responsibility of the
adjacent property owner. Urban Forestry staff
were interested in gauging the community’s
support of this policy and asked if the City
(instead of the adjacent property owner) should
care for neighborhood trees in the public right-of-
way. Nearly 47% of respondents to the question
indicated support for this change in policy.
Similarly, nearly 37% of respondents indicated
that they did not support the City not maintaining
neighborhood trees in the public right-of-way. Like
other questions posed to the community, over
16% of respondents were not sure and wanted
additional information.
Questions posed to participants about the best
methods of outreach and topics for education
indicated that community members appreciate
multiple methods of outreach and engagement.
Of the educational topics that most interested
participants, 20% of respondents wanted
educational materials to help them decide which
tree to plant in their yard.
What do we want?
Urban Forestry Staff also wanted to understand
the community member’s opinion on how
the Tree Fund should be used in Denton.
Community members had numerous ideas such
as tree giveaways, street median and sidewalk
improvements, grants for local nurseries to
cultivate appropriate tree species, mapping of
the Cross Timber Region, tree spades for moving
valuable species for preservation, saving big
trees, and funding for tree removal assistance.
There was no clear consensus on how funds
should be allocated as maintenance on
conservation easements had the most support
(only 12% of respondents).
Although participants were not asked directly
about the conservation of the Cross Timbers
Region, numerous community members
verbalized their concerns for this natural resource
and its preservation.
The second meeting was held on Thursday,
January 9th, 2020, from 6:00 p.m. to 8:00 p.m.
at City Hall. The meeting included a presentation
of the proposed goals and objectives that were
recommended in the Plan based on the review
process and feedback from the first meeting, held
on August 9th, 2019. The meeting was attended by
38 community members.
Texas 35
105
Plan, Goals, & Actions
Based upon a review of the current Urban
Forestry program and resources, and input from
the community and other stakeholders, the Plan
identifies nine goals and seven existing policies
that support and represent what Denton residents,
stakeholders, and staff want for the future of
Denton’s urban forest. These goals and existing
policies, and the strategies that support them, are
intended to optimally manage the City’s community
forest in an efficient, cost-effective, sustainable,
and safe manner. Through this collaborative
stakeholder and community input process,
the Plan identifies three major focus areas:
1. A safe and healthy urban forest
2. Sustain environmental benefits
3. Engage the community to ensure the future of
the urban forest
FOCUS AREA: A SAFE AND HEALTHY
URBAN FOREST
This focus area aims for the implementation of more
proactive and quality tree maintenance. In general,
trees pose a minimal risk to the public, but tree care
should be taken into consideration when striving
to make the community safer and the urban forest
more resilient.
Goal 1: Efficiently manage the community tree
resource.
Striving to obtain information on all existing trees
and vacant sites present in the urban forest will
enhance staff’s ability to determine areas with
priority for tree care or planting. As a result,
maintenance can be done in a more efficient
manner.
Goal 2: Promote tree health and good structure.
When trees are well-maintained throughout their
lifetimes, the risks trees pose to the public are
reduced. Promoting tree health and good structure
decreases the chances of having hazardous trees in
the community and helps prevent tree conflicts with
utilities.
Goal 3: Mitigate and reduce risk of wildfire.
Living in areas, which are vulnerable to wildfire,
comes with the responsibility of managing and
reducing the risks that come with that exposure.
Wildfires are a naturally occurring event and
therefore cannot be prevented from occurring.
Denton and its community members have the
ability to mitigate and reduce the risks and potential
impacts of wildfire when it occurs.
What do we want?
Denton loves their trees no matter what condition,
species or location.
PARKS MANAGER,
CITY OF DENTON
36 DentonUrban Forest Master Plan
106
Residential
What do we want?
FOCUS AREA: SUSTAIN ENVIRONMENTAL
BENEFITS
This focus area aims to preserve and enhance
the existing tree canopy thereby maintaining
the numerous benefits provided by the urban
forest. It is prudent to grow the urban forest
in a sustainable manner to ensure that trees
are planted and to also plan so that trees are
maintained throughout their lifetimes.
Goal 4: Recognize trees as green infrastructure.
Trees are essential infrastructure that need to be
planned for during design, similar to other utilities.
Considering trees as green infrastructure aims to
ensure their longevity through the planning and
implementation of comprehensive designs.
Goal 5: Promote tree preservation and protection.
As the community grows, it is important to
promote the protection of community trees. In
addition to following the current tree protections,
the Code of Ordinances should be periodically
reviewed and revised to refine and identify
requirements to support the urban forest and
canopy cover goal.
What do we want?
Goal 6: Develop a City-wide planting plan.
Planting plans not only encourage the opportunity
to maintain or enhance future tree canopy they
can also optimize the benefits that are gained
from the urban forest (based on planting priority
and choosing the right tree species for the
space). Furthermore, planting plans can prioritize
the equitable distribution of canopy cover and
support canopy goals set for various land use
designations (Table 3).
Goal 7: Plant Health Care (PHC) policies.
Pests and disease will always be a threat to the
urban forest. Implementing a Plant Heath Care
strategy will make the urban forest more resilient
and able to withstand invasive species. The strategy
should incorporate the use of multiple tools for
preventing pest and disease establishment and
managing current pest problems.
Future Land Use Designation Land Acres Canopy Cover (%)Canopy Acres
Commercial
Industrial
Other
All Land Use Designations
28,412
8,415
9,025
16,423
62,275
55.0%
10.0%
25.0%
40.0%
40.6%
15,627
842
2,256
6,569
25,294
Table 3: Canopy Goals for Future Land Use
FOCUS AREA: ENGAGE THE
COMMUNITY TO ENSURE THE FUTURE
OF THE URBAN FOREST
The urban forest is more likely to be
preserved and maintained by a community
that understands the benefits it provides.
Connecting the community to the urban forest
creates an environment for the community
members to advocate for the urban forest.
Goal 8: Support community engagement and
stewardship of the urban forest.
Although the City is not directly responsible
for the care of trees on private property, all
trees are an important component of the urban
forest. Education and outreach to encourage
best management practices for trees on private
property should be done to support the wellness
and benefits of the overall urban forest.
Goal 9: Celebrate the importance of urban trees.
Community designations and events surrounding
the urban forest build awareness and excitement
that ultimately encourages constituents to help
build upon existing canopy.
Texas 37
107
The estimated cost is categorized in the following
ranges:
• $ (less than $25,000)
• $$ ($25,000-$100,000)
• $$$ ($100,000-$200,000)
• $$$$ (greater than $200,000)
The Plan is intended to be a dynamic tool that
can and should be adjusted in response to
accomplishments, new information and changes in
community expectations, and available resources.
In addition to serving as a day-to-day guide for
planning and policy making, the Plan should be
reviewed regularly for progress to ensure that the
actions and sub actions are integrated into the
annual work plan.
The goals and actions proposed by the Urban
Forest Master Plan are organized by focus areas:
1. A safe and healthy urban forest
2. Sustain environmental benefits
3. Engage the community to ensure the future of
the urban forest
Each focus area is supported by measurable
goals, existing policies, and specific actions
that are intended to guide Denton’s urban forest
programming over the next 20 years, providing
the foundation for annual work plans and budget
forecasts. Many goals and actions support more
than one focus area.
For each action, the Plan identifies a priority, a
suggested timeframe for accomplishing the action,
an estimated cost range, and potential partners.
Priority is identified as:
• High− An action that is critical to protecting
existing community assets, reducing/
managing risk, or requires minimal resources to
accomplish
• Medium− An action that further aligns
programming and resource improvements
that have been identified as desirable by the
community, partners, and/or urban forest
managers, but that may require additional
investment and financial resources over and
above existing levels
• Low− An action that is visionary, represents an
increase in current service levels, or requires
significant investment
How do we get there?
Denton38Urban Forest Master Plan
108
How do we get there?
Focus Area: A safe and healthy urban forest
Goal 1: Efficiently manage the community tree resource.
OBJECTIVE:
Improve understanding of the structure and composition of
Denton’s community tree resource.
ACTIONS:
1. Conduct an inventory of all trees in parks, open space, trails,
City facilities, and public right-of-way.
a. After completion, regularly update inventory data as
maintenance occurs.
b. Compare and contrast the use of contractors versus an
in-house crew.
c. Consider redistributing funds to provide more proactive
maintenance.
d. Include potential tree planting sites to assist in planning for
future plantings.
2. Conduct a Resource Analysis for public trees to understand the
benefits provided by the public tree resource.
3. Consider the use of TreeKeeper® or similar tree inventory
management software.
4. Review Urban Forest Master Plan goals every 5 to 10 years,
and report progress via The State of the Urban Forest Report.
PERFORMANCE MEASURE:
Complete inventory and plans for maintenance cycles for the
community tree resource.
RATIONALE:
A complete inventory of City-planted trees would allow the Urban
Forestry Division to identify maintenance needs and determine the
feasibility of the City caring for City-planted trees in neighborhoods.
Additionally, an inventory can be used to quantify the ecosystem
services provided by public trees.
RISK:
A lack of understanding of the age, structure, benefits, and
maintenance needs of public trees makes the community tree
resource vulnerable to loss of canopy cover. It also creates
challenges in responding to pests and could increase the costs of
managing such threats.
BENEFIT:
A better understanding of the public tree resource enables Urban
Forestry Division staff to prioritize tasks, improve efficiency, and
better plan for and manage pests and pathogens.
COST
$$
PRIORITY
HIGH
TARGET
1 YEARS
Texas 39
109
OBJECTIVE:
Following completion of a tree inventory, develop pruning and
maintenance cycles.
ACTIONS:
1. Identify costs required to maintain trees in parks and within the
public right-of-way.
2. Distribute maintenance needs evenly across grids or
maintenance areas.
a. Aim to provide maintenance according to the industry
standard of 4–5 years.
b. Consider areas that have been slated for development or
areas considered for annexation.
3. Publish maintenance cycles on the Urban Forestry Division
web page.
a. Include maintenance cycle maps.
b. Project timeframes for maintenance.
4. Review the Urban Forest Master Plan, and provide updates
as needed.
PERFORMANCE MEASURE:
Complete inventory and plans for maintenance cycles for the
community tree resource.
RATIONALE:
A complete inventory of City-planted trees would allow the Urban
Forestry Division to identify maintenance needs and determine the
feasibility of the City caring for City-planted trees in neighborhoods.
Additionally, an inventory can be used to quantify the ecosystem
services provided by public trees.
RISK:
A lack of understanding of the age, structure, benefits, and
maintenance needs of public trees makes the community tree
resource vulnerable to loss of canopy cover. It also creates
challenges in responding to pests and could increase the costs of
managing such threats.
BENEFIT:
A better understanding of the public tree resource enables Urban
Forestry Division staff to prioritize tasks, improve efficiency, and
better plan for and manage pests and pathogens.
COST
$
PRIORITY
MODERATE
TARGET
1-5 YEARS
Goal 1: Efficiently manage the community tree resource.
Focus Area: A safe and healthy urban forest
DentonUrban Forest Master Plan40
110
How do we get there?
COST
$
PRIORITY
MODERATE
TARGET
ONGOING
Goal 1: Efficiently manage the community tree resource.
Focus Area: A safe and healthy urban forest
OBJECTIVE:
Continue to use planting funds successfully.
ACTIONS:
1. Determine a planting schedule to guide and prioritize new tree
plantings.
2. Plant the largest species of tree possible in the available space.
OBJECTIVE:
Review the Urban Forest Master Plan, and provide updates as
needed.
ACTIONS:
1. Review Urban Forest Master Plan (UFMP) goals every 2 to 5
years.
2. Adjust targets to continue to align with:
a. Community values and expectations of the urban forest.
b. Funding availability.
c. City goals, policies, and actions.
3. Conduct a State of the Urban Forest Report (at year one),
then every two to five years.
4. Report progress and challenges of the UFMP via
The State of the Urban Forest Report.
PERFORMANCE MEASURE:
Complete inventory and plans for maintenance cycles for the
community tree resource.
RATIONALE:
A complete inventory of City-planted trees would allow the Urban
Forestry Division to identify maintenance needs and determine the
feasibility of the City caring for City-planted trees in neighborhoods.
Additionally, an inventory can be used to quantify the ecosystem
services provided by public trees.
RISK:
A lack of understanding of the age, structure, benefits, and
maintenance needs of public trees makes the community tree
resource vulnerable to loss of canopy cover. It also creates
challenges in responding to pests and could increase the costs of
managing such threats.
BENEFIT:
A better understanding of the public tree resource enables Urban
Forestry Division staff to prioritize tasks, improve efficiency, and
better plan for and manage pests and pathogens.
Texas 41
111
Focus Area: A safe and healthy urban forest
OBJECTIVE:
Explore the feasibility of the City taking responsibility for the
maintenance of community trees in neighborhoods.
ACTIONS:
1. Examine the resources that would be required to maintain
community trees in neighborhoods.
2. Consider current staffing levels.
a. Explore the addition of staff to the Urban Forestry Division.
b. Consider the use of contractors to complete maintenance tasks.
OBJECTIVE:
Revise policies and standards for pruning young trees to promote
healthy growth and structure.
ACTIONS:
1. Allow for flexibility for clearance and visibility requirements
for young trees to promote good structure and health.
PERFORMANCE MEASURE:
Reduction in removals and claims against the City.
RATIONALE:
When the minimum level of care is met for all community trees,
the potential for all the trees to reach maturity increase and the
benefits provided by those trees also increases as trees mature.
RISK:
The community tree resource and the greater urban forest could
suffer significant losses to tree canopy cover as a result of
removals or from pest infestations due to lack of maintenance.
BENEFIT:
Regular maintenance and inspection of the community tree
resource promotes better tree health and structure, which reduces
the number of removals, branch and tree failures as a result of poor
structure, and increases the benefits provided to the community.
Goal 2: Promote tree health and good structure.
COST
$
PRIORITY
MODERATE
TARGET
5 YEARS
COST
$
PRIORITY
HIGH
TARGET
1 YEARS
Denton42Urban Forest Master Plan
112
Focus Area: A safe and healthy urban forest
OBJECTIVE:
Ensure community trees are maintained according to industry
standards to promote tree health, longevity, and also public safety.
ACTIONS:
1. Educate community members about their responsibilities in the
care of public trees.
2. Use current ANSI and BMPs.
3. Consider requiring professional licensing for tree care
companies operating within City limits.
PERFORMANCE MEASURE:
Reduction in removals and claims against the City.
RATIONALE:
When the minimum level of care is met for all community trees,
the potential for all the trees to reach maturity increase and the
benefits provided by those trees also increases as trees mature.
RISK:
The community tree resource and the greater urban forest could
suffer significant losses to tree canopy cover as a result of
removals or from pest infestations due to lack of maintenance.
BENEFIT:
Regular maintenance and inspection of the community tree
resource promotes better tree health and structure, which reduces
the number of removals, branch and tree failures as a result of poor
structure, and increases the benefits provided to the community.
Goal 2: Promote tree health and good structure.
COST
$
PRIORITY
MODERATE
TARGET
5 YEARS
Texas How do we get there?43
113
OBJECTIVE:
Contribute to a fire safe community.
ACTIONS:
1. Initiate contact with the Texas A&M Forest Service Wildland
Urban Interface (WUI) Specialist to assist in developing a
Community wildfire protection plan.
2. Reduce ladder fuels in natural areas.
PERFORMANCE MEASURE:
Reduction in ladder fuels and a Community Wildfire Protection Plan.
RATIONALE:
According to the Texas Wildfire Risk Assessment Portal, Denton
has vulnerabilities to wildfire. Wildfires are a naturally occurring
phenomenon, but Denton and its community members have a role
in mitigating the risks associated with living in the Wildland Urban
Interface.
RISK:
Wildfires result in the burning of forests and pastureland, but also
accumulate in the staggering loss of property and life. Recovery
from wildfires can have negative economic impacts for years
following fire.
BENEFIT:
Mitigating the risk of fire, reduces the likelihood of losses to
property and life.
Goal 3: Mitigate and reduce risk of wildfire.
Focus Area: A safe and healthy urban forest
COST
$
PRIORITY
HIGH
TARGET
ONGOING
Denton44Urban Forest Master Plan
114
OBJECTIVE:
Minimize the encroachment of other utilities.
ACTIONS:
1. Consider amending clearance and visibility standards to avoid
excessive pruning of young or newly established trees.
2. Use root barrier to reduce root and sidewalk conflicts.
3. As the General Plan or other long-term planning documents are
revised, consider impacts on trees.
4. Maintain a Tree Committee to review changes to the Denton
Development Code.
5. Promote Complete Streets in the Denton Parks, Recreation and
Trails Master Plan and the Denton Mobility Plan.
PERFORMANCE MEASURE:
Reduced number of removals and conflicts reported between trees
and other utilities.
RATIONALE:
Designating trees as green infrastructure designates trees as a key
element in cityscapes, as is expected for other infrastructure.
RISK:
Trees and other utility conflicts may result in undesirable pruning
or tree removals that could have been avoided through alternative
design solutions and repairs.
BENEFIT:
Planning for trees limits the need to mitigate conflicts between
trees and other utilities and promotes tree longevity.
Goal 4: Recognize trees as green infrastructure.
Focus Area: Sustain environmental benefits
COST
$
PRIORITY
HIGH
TARGET
5 YEARS
How do we get there?45Texas
115
OBJECTIVE:
Develop maintenance and design strategies for mitigating
conflicts with otherwise healthy trees.
ACTIONS:
1. Detour walkways around trees, ramping over roots, and
grinding down displaced sidewalk panels to reduce tripping
hazards without causing undue harm to critical roots.
2. Explore alternative sidewalk designs to allow space for trees
and compliance with ADA and avoid tree removal.
a. Crushed granite.
b. Gravel sub-base and other structural soils.
c. Other structural cells (Strata Cells or Silva Cells).
d. Interlocking concrete paver products.
e. Flexipave, a system similar to rubber sidewalks.
f. Alternative tree grate structures.
g. Polygrate, a recycled plastic form of tree grate.
PERFORMANCE MEASURE:
Reduced number of removals and conflicts reported between trees
and other utilities.
RATIONALE:
Designating trees as green infrastructure designates trees as a key
element in cityscapes, as is expected for other infrastructure.
RISK:
Trees and other utility conflicts may result in undesirable pruning
or tree removals that could have been avoided through alternative
design solutions and repairs.
BENEFIT:
Planning for trees limits the need to mitigate conflicts between
trees and other utilities and promotes tree longevity.
Goal 4: Recognize trees as green infrastructure.
COST
$-$$$
PRIORITY
MODERATE
TARGET
10 YEARS
Focus Area: Sustain environmental benefits
Denton46Urban Forest Master Plan
116
OBJECTIVE:
Ensure Design Standards adequately consider trees.
ACTIONS:
1. Continue to require minimum canopy cover goals as identified
in Subchapter 7 of the Denton Development Code.
2. Revise Design Standards to include minimum parkway widths
to allow for tree plantings.
a. Consider expanding the minimum width of planting strips
from 5.5 feet to 8 feet.
PERFORMANCE MEASURE:
Reduced number of removals and conflicts reported between trees
and other utilities.
RATIONALE:
Designating trees as green infrastructure designates trees as a key
element in cityscapes, as is expected for other infrastructure.
RISK:
Trees and other utility conflicts may result in undesirable pruning
or tree removals that could have been avoided through alternative
design solutions and repairs.
BENEFIT:
Planning for trees limits the need to mitigate conflicts between
trees and other utilities and promotes tree longevity.
Goal 4: Recognize trees as green infrastructure.
Focus Area: Sustain environmental benefits
COST
$
PRIORITY
MODERATE
TARGET
10 YEARS
Texas 47How do we get there?
117
OBJECTIVE:
Revise and amend the Code of Ordinances to promote the
protection of community trees.
ACTIONS:
1. Amend the Code of Ordinances to allow the City to require
private property owners to remove dead, dying, or diseased
trees that pose a risk to public property and safety.
2. Prohibit dumping and storage of deleterious substances
near trees.
OBJECTIVE:
Define the purpose and use of the Tree Fund.
ACTIONS:
1. The Tree Fund shall be allocated as follows:
a. 60% tree planting
b. 35% property purchase (see Property Purchase Criteria,
Appendix G)
c. 5% education/outreach
2. Enforce conservation standards laid out in the Denton
Development Code.
3. Explore ways to expand tree canopy through Open Space.
PERFORMANCE MEASURE:
Reduction in removals and no-net loss in tree canopy cover.
RATIONALE:
Trees take a long time to grow. Preserving and protecting existing
trees ensures that the stream of benefits provided by community
trees is not lost or disrupted and has the opportunity to increase
this stream of benefits over time.
RISK:
Loss of tree canopy cover and associated environmental benefits.
BENEFIT:
Preservation of community trees, including iconic post oak trees,
ensures the environmental benefits are sustained and trees that have
been preserved and protected have the potential to provide even
more benefits to the community over the course of their lifetimes.
Goal 5: Promote tree preservation and protection.
COST
$
PRIORITY
MODERATE
TARGET
1-5 YEARS
COST
$-$$$$
PRIORITY
MODERATE
TARGET
ONGOING
Focus Area: Sustain environmental benefits
Denton48Urban Forest Master Plan
118
Focus Area: Sustain environmental benefits
OBJECTIVE:
Mitigate the impacts of development on native post oak stands.
ACTIONS:
1. Avoid disturbance to soils as much as possible.
2. Set up Tree Protection Zones around post oak trees deemed
for preservation within development projects.
3. Continue to incentivize the preservation of post oak for
development projects.
OBJECTIVE:
Educate the community about their role in maintaining a safe
urban forest.
ACTIONS:
1. Provide a list of certified arborists and licensed professionals
to perform maintenance on private trees.
2. Provide educational materials on proper pruning techniques.
3. Provide education to property owners about the importance
of not planting trees under overhead utilities and identifying
underground utilities prior to digging a hole to plant a tree.
PERFORMANCE MEASURE:
Reduction in removals and no-net loss in tree canopy cover.
RATIONALE:
Trees take a long time to grow. Preserving and protecting existing
trees ensures that the stream of benefits provided by community
trees is not lost or disrupted and has the opportunity to increase
this stream of benefits over time.
RISK:
Loss of tree canopy cover and associated environmental benefits.
BENEFIT:
Preservation of community trees, including iconic post oak trees,
ensures the environmental benefits are sustained and trees that have
been preserved and protected have the potential to provide even
more benefits to the community over the course of their lifetimes.
Goal 5: Promote tree preservation and protection.
COST
$
PRIORITY
MODERATE
TARGET
ONGOING
COST
$
PRIORITY
MODERATE
TARGET
ONGOING
Texas 49How do we get there?
119
OBJECTIVE:
Achieve 40% canopy cover by 2040.
ACTIONS:
1. Adjust canopy goals per Land Use designation.
a. 55% for Residential
b. 25% for Commercial
c. 10% for Industrial
d. 40% for Other (rural and right-of-way)
2. Set a sustainable annual planting goal.
3. Promote the planting of trees on private property within areas
of high or very high planting priority.
4. Conduct a Land Cover Assessment with revised City
boundaries, including newly annexed areas.
5. Enforce conservation standards laid out in the Denton
Development Code.
6. Explore ways to expand tree canopy through Open Space.
PERFORMANCE MEASURE:
More equitable distribution of tree canopy cover across the City.
RATIONALE:
A planting plan provides direction and clarity so canopy goals can be
set, tracked, and achieved.
RISK:
Although tree plantings would still occur, efforts may not be targeted
to areas where increased tree canopy would provide the community
with the maximum benefits.
BENEFIT:
Canopy goals are more easily set and reached.
Goal 6: Develop a City-wide planting plan.
COST
$
PRIORITY
MODERATE
TARGET
ONGOING
Focus Area: Sustain environmental benefits
Denton50Urban Forest Master Plan
120
Focus Area: Sustain environmental benefits
OBJECTIVE:
Promote species diversity in the urban forest.
ACTIONS:
1. Continue to choose species that are better suited to the
local climate.
2. Continue to avoid planting species of trees with similar
vulnerabilities to pests and disease as current species.
3. Continue to incorporate native species into planting palettes.
4. Continue to use drought tolerant species.
5. Use pest and disease resistant species when available.
6. At a minimum, pursue species diversity goals that meet the 10-
20-30 rule, but strive for even greater diversity among genera.
7. Cease plantings of ash to mitigate impacts of emerald
ash borer.
PERFORMANCE MEASURE:
More equitable distribution of tree canopy cover across the City.
RATIONALE:
A planting plan provides direction and clarity so canopy goals can be
set, tracked, and achieved.
RISK:
Although tree plantings would still occur, efforts may not be targeted
to areas where increased tree canopy would provide the community
with the maximum benefits.
BENEFIT:
Canopy goals are more easily set and reached.
Goal 6: Develop a City-wide planting plan.
COST
$
PRIORITY
HIGH
TARGET
ONGOING
Texas 51How do we get there?
121
OBJECTIVE:
Encourage equitable distribution of tree canopy cover across the City.
ACTIONS:
1. Use planting priority mapping to identify planting sites within
higher planting priority areas.
2. Conduct planting priority analysis to identify planting sites
that would have the greatest impact of reducing urban heat
islands and stormwater runoff.
3. Classify and prioritize available planting sites based on:
a. Space and minimum planting setbacks.
b. Soil characteristics.
c. Irrigation infrastructure.
d. Landscape objectives and tree density.
e. Site constraints and existing infrastructure, including
hardscape, utilities (overhead and underground), bridges,
and culverts.
PERFORMANCE MEASURE:
More equitable distribution of tree canopy cover across the City.
RATIONALE:
A planting plan provides direction and clarity so canopy goals can be
set, tracked, and achieved.
RISK:
Although tree plantings would still occur, efforts may not be targeted
to areas where increased tree canopy would provide the community
with the maximum benefits.
BENEFIT:
Canopy goals are more easily set and reached.
Goal 6: Develop a City-wide planting plan.
COST
$
PRIORITY
MODERATE
TARGET
ONGOING
Focus Area: Sustain environmental benefits
Denton52Urban Forest Master Plan
122
Focus Area: Sustain environmental benefits
OBJECTIVE:
Set emphasis on planting the right tree in the right place.
ACTIONS:
1. Reduce hardscape and utility conflicts.
2. Match tree species to soil and water conditions.
3. Match tree species to planter size and intended use.
4. Consider mature crown spread.
a. Optimize shade and environmental benefits by planting
large stature trees where feasible.
PERFORMANCE MEASURE:
More equitable distribution of tree canopy cover across the City.
RATIONALE:
A planting plan provides direction and clarity so canopy goals can be
set, tracked, and achieved.
RISK:
Although tree plantings would still occur, efforts may not be targeted
to areas where increased tree canopy would provide the community
with the maximum benefits.
BENEFIT:
Canopy goals are more easily set and reached.
Goal 6: Develop a City-wide planting plan.
COST
$
PRIORITY
MODERATE
TARGET
ONGOING
Texas 53How do we get there?
123
OBJECTIVE:
Encourage the expansion of the urban forest through tree plantings on
private property.
ACTIONS:
1. Expand Arbor Day celebrations to include plantings of trees, in
addition to eastern redbud, to increase diversity.
2. Continue to provide trees to residents through the annual tree
give-away through Keep Denton Beautiful, Inc.
3. Provide educational materials to inform residents about the
dangers of planting trees near overhead utilities.
4. Regularly review and update species list to reflect diversity
goals and include species that are high performers.
5. Publish recommended species list on the Urban Forestry
Division webpage.
PERFORMANCE MEASURE:
More equitable distribution of tree canopy cover across the City.
RATIONALE:
A planting plan provides direction and clarity so canopy goals can be
set, tracked, and achieved.
RISK:
Although tree plantings would still occur, efforts may not be targeted
to areas where increased tree canopy would provide the community
with the maximum benefits.
BENEFIT:
Canopy goals are more easily set and reached.
Goal 6: Develop a City-wide planting plan.
COST
$
PRIORITY
MODERATE
TARGET
ONGOING
Focus Area: Sustain environmental benefits
Denton54Urban Forest Master Plan
124
Focus Area: Sustain environmental benefits
OBJECTIVE:
Support stormwater management through the strategic growth
of canopy.
ACTIONS:
1. Consider the incorporation of trees in dry retention ponds.
2. Explore the use of bioswales in stormwater management
systems.
3. Consider a planting priority analysis with prioritization for
stormwater management.
PERFORMANCE MEASURE:
More equitable distribution of tree canopy cover across the City.
RATIONALE:
A planting plan provides direction and clarity so canopy goals can be
set, tracked, and achieved.
RISK:
Although tree plantings would still occur, efforts may not be targeted
to areas where increased tree canopy would provide the community
with the maximum benefits.
BENEFIT:
Canopy goals are more easily set and reached.
Goal 6: Develop a City-wide planting plan.
COST
$
PRIORITY
LOW
TARGET
10 YEARS
Texas 55How do we get there?
125
OBJECTIVE:
Monitor invasive species.
ACTIONS:
1. Continue to follow Denton’s Integrated Pest Management
program.
2. Reduce the impacts of Chinese privet in Environmentally
Sensitive Areas.
3. Inspect ash trees regularly for signs and symptoms of
emerald ash borer.
PERFORMANCE MEASURE:
Reduced impact from invasive species.
RATIONALE:
Being aware of and able to identify potential invasive species
allows managers to approach management and prevention in
a way that fits the community’s resources.
RISK:
Undesirable species may become established and threaten
native species.
BENEFIT:
Using comprehensive information to outline best management
strategies that can be used to prepare for and/or manage invasive
species can lessen the detrimental impacts they have on the
urban forest.
Goal 7: Adopt Plant Health Care (PHC) policies.
COST
$
PRIORITY
MODERATE
TARGET
10 YEARS
Focus Area: Sustain environmental benefits
Denton56Urban Forest Master Plan
126
Focus Area: Engage the community to ensure the future of the urban forest
How do we get there?
OBJECTIVE:
Develop and maintain a web page for the Urban Forestry Division
on the City website.
ACTIONS:
1. Consolidate important tree-related information on the City website.
2. Summarize maintenance responsibilities of adjacent property
owners for City required planted trees.
a. Provide links for proper tree-care resources.
i. How to plant a tree.
ii. How to prune a tree.
iii. How to fertilize and mulch.
iv. How to irrigate.
v. How to hire an arborist or tree care company.
3. Share the Urban Forest Master Plan through the City website.
4. Publish A State of the Urban Forest Report (at year one), then
every two to five years.
a. Update community members on the overall condition of
the community urban forest.
b. Highlight services (number of trees planted, number of
trees inventoried, etc.).
c. Update community members on progress towards canopy
goals and trees planted (public and private).
d. Update the community on achievements of the Urban
Forest Master Plan.
PERFORMANCE MEASURE:
Participation in forestry programming.
RATIONALE:
An educated and engaged community is more likely to support and
advocate for the urban forest.
RISK:
Apathy towards the urban forest may result in loss in benefits
provided by the urban forest to the community.
BENEFIT:
A community that supports the urban forest protects the urban
forest and therefore the benefits that it provides to the City.
Goal 8: Support community engagement and stewardship of the urban forest.
COST
$
PRIORITY
LOW
TARGET
ONGOING
Texas 57
127
Focus Area: Engage the community to ensure the future of the urban forest
OBJECTIVE:
Develop and maintain a web page for the Urban Forestry Division
on the City website.
ACTIONS (CONTINUED):
5. Share and maintain the recommended tree species list through the
City website.
6. Provide a link to Keep Denton Beautiful on the City website.
a. Include information about volunteer opportunities.
7. Provide a link to Denton Municipal Electric Tree Trimming Brochure
on the City website.
8. Provide a link on the City website to the Denton Development Code
Tree Preservation standards for development.
9. Communicate the benefits of trees and tree canopy including
environmental, social, and economic benefits.
10. Communicate importance of post oak and blackjack oak trees.
PERFORMANCE MEASURE:
Participation in forestry programming.
RATIONALE:
An educated and engaged community is more likely to support and
advocate for the urban forest.
RISK:
Apathy towards the urban forest may result in loss in benefits
provided by the urban forest to the community.
BENEFIT:
A community that supports the urban forest protects the urban
forest and therefore the benefits that it provides to the City.
Goal 8: Support community engagement and stewardship of the urban forest.
Denton58Urban Forest Master Plan
128
Focus Area: Engage the community to ensure the future of the urban forest
OBJECTIVE:
Interact with community members through a variety of outlets.
ACTIONS:
1. Continue to partner with Keep Denton Beautiful, Inc (KDB).
a. Continue to use volunteers through the Cross Timbers Urban
Forestry Council Citizen Foresters Training Program.
i. Expand Citizen Foresters’ skills to provide structural
pruning for trees in parks.
b. Continue to provide support for KDB programming.
2. Continue to use DTV to provide community members with
important information about trees.
3. Explore further engagement through social media, including the
existing Denton Trees Facebook Group.
4. Conduct community surveys to gauge public support as objectives
of the Urban Forest Master Plan are implemented.
PERFORMANCE MEASURE:
Participation in forestry programming.
RATIONALE:
An educated and engaged community is more likely to support and
advocate for the urban forest.
RISK:
Apathy towards the urban forest may result in loss in benefits
provided by the urban forest to the community.
BENEFIT:
A community that supports the urban forest protects the urban
forest and therefore the benefits that it provides to the City.
Goal 8: Support community engagement and stewardship of the urban forest.
COST
$
PRIORITY
LOW
TARGET
ONGOING
Texas 59How do we get there?
129
Focus Area: Engage the community to ensure the future of the urban forest
OBJECTIVE:
Maintain Tree City USA.
ACTIONS:
1. Continue to celebrate Arbor Day through the annual Redbud
Festival and Texas Arbor Day Celebration.
a. Promote species diversity.
b. Include education materials about the benefits provided by
trees.
c. Distribute tree care materials.
i. How to plant a tree.
ii. How to prune a tree.
iii. How to fertilize and mulch.
iv. How to irrigate.
v. How to hire an arborist or tree care company.
PERFORMANCE MEASURE:
Continued recognition as a Tree City USA and Arbor Day activities/
celebrations.
RATIONALE:
Observing and recognizing the benefits provided by the urban
forest encourages community engagement and promotes
appreciation for trees.
RISK:
When community members are unaware of the benefits of the
urban forest, people are likely going to be less supportive of
programming and the resources needed to care for it.
BENEFIT:
Community awareness and appreciation of the urban forest
promotes support for the necessary resources to maintain it.
Goal 9: Celebrate the importance of urban trees.
COST
$
PRIORITY
LOW
TARGET
ONGOING
Denton60Urban Forest Master Plan
130
How do we get there?61
Annual Plan Review
The Plan is an active tool that will guide
management and planning decisions over the next
20 years. Its goals and actions will be reviewed
annually for progress and integration into an
internal work plan. The Plan presents a long-range
vision and target dates are intended to be flexible
in response to emerging opportunities, available
resources, and changes in community expectations.
Therefore, each year, specific areas of focus should
be identified, which can inform budget and time
requirements for Urban Forest Managers.
Resource Analysis
With a Resource Analysis, Denton can identify
quantitatively the value of the composition of
public trees, the annual benefit provided to the
community, replacement value, and benefit versus
investment ratios. With this information, Denton
can improve health (condition), species diversity,
annual benefits, and overall resource value of
its tree resource. When a resource analysis is
conducted every five years, the City can illustrate
progress and success towards Plan goals. A five-
year Resource Analysis review is a possible way to
monitor progress on efforts to increase diversity
through a list of tree species appropriate for a
variety of different spaces and landscapes.
With appropriate care and planning, the urban
forest is an asset that has the potential to increase
in value over time. As young trees mature and their
leaf surface and canopy grow, so too will the overall
benefits and value from the community’s urban
forest. The objectives and strategies of the Plan are
intended to support this process in an appropriate
manner that encourages the sustainable
stewardship of community trees with consideration
for safety, cost efficiency, and community values.
The Plan includes strategies for measuring the
success of the Plan over time.
Monitoring
Through talking with community partners and
those within the urban forestry program, a set of
goals were created to meet the strong demand
for protecting and enhancing the urban forest,
as stated in the community vision. The success
of these goals is largely dependent on creating
objectives and strategies to meet the targets
outlined in the Plan as well as monitor the progress
of these action steps.
How are we doing?
Texas
131
Reporting
Completion of this Plan is the first step towards
achieving the vision for Denton’s urban forest.
Continual monitoring, analysis, and revisions
will help forest managers keep stakeholders
informed and engaged. By organizing data into
specific components (for example; Urban Forest
Reports, Community Satisfaction Surveys), it will
be possible to revise specific areas of weakness
and buttress areas of strength. Revisions to the
Plan should occur with major events, such as
newly discovered pests or diseases, or significant
policy and regulation changes. A complete
formal revision should occur in unison with major
municipal projects, such as the Comprehensive
Plan. It is important to remember that the Denton
Urban Forest Master Plan is a living document that
should adapt to new conditions.
State of the Urban
Forest Report
The purpose of the report is to provide structural
and functional information about the urban forest
(including the municipal forest) and recommend
strategies for its proactive management,
protection, and growth.
Canopy Analysis
Due to findings from the State of the Denton
Urban Forest Report, Denton has a baseline tree
canopy for the entire urban forest, which allows
for continued monitoring of trends in the canopy
cover on private property.
Community Satisfaction
Plan results will be measurable through increased
benefits and value in the community tree resource
and the preservation and eventual increase
in canopy cover over time. Attainment of the
objectives and strategies will support better
tree health, greater longevity, and a reduction
in tree failures. However, one of the greatest
measurements of success for the Plan will
be its level of success in meeting community
expectations for the care and preservation of the
community tree resource. Community satisfaction
can be measured through surveys and will be
evidenced by public support for realizing the
objectives of the Plan. Community satisfaction can
also be gauged by the level of engagement and
support for forestry programs.
How are we doing?
62 DentonUrban Forest Master Plan
132
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Appendix B:
Terms and Definitions
American National Standards Institute (ANSI)
A Federation of United States industry sectors
(e.g. businesses, professional societies and trade
associations, standards developers, government
agencies, institutes, and consumer / labor interest
groups) that coordinates the development of the
voluntary consensus standards system.
American Public Works Association (APWA)
An organization that supports professionals
who operate, improve, or maintain public works
infrastructure by advocating to increase awareness,
and providing education, credentialing, as well as
other professional development opportunities.
Arboriculture
The science, art, technology, and business of tree care.
Best Management Practices (BMP)
Management practices and processes used when
conducting forestry operations, implemented to
promote environmental integrity.
Capital Improvement Projects (CIP)
Infrastructure projects and equipment purchases
identified by a government in order to maintain
or improve public resources. Projects such as (1)
constructing a facility, (2) expanding, renovating,
replacing, or rehabilitating an existing facility, or
(3) purchasing major equipment are identified, and
then purchasing plans and development schedules
are developed.
Climate Action Plan (CAP)
Government lead initiatives to decrease
greenhouse gas emissions and prepare for the
impacts of climate change.
Community Urban Forest
The collection of publicly owned trees within an
urban area, including street trees and trees in parks
and other public facilities.
Drip Line Area
The area measured from the trunk of the tree
outward to a point at the perimeter of the
outermost branch structure of the tree.
Dutch Elm Disease (DED)
A wilt disease of elm trees caused by plant
pathogenic fungi. The disease is either spread by
bark beetles or tree root grafts.
Emerald Ash Borer (EAB)
The common name for Agrilus planipennis, an
emerald green wood boring beetle native to
northeastern Asia and invasive to North America. It
feeds on all species of ash.
Greenhouse Gas (GHG)
A gas that traps heat in Earth’s atmosphere.
Geographic Information System (GIS)
Computer-based tools designed to increase the
organization and understanding of spatial or
geographic data. Many different kinds of data can
be displayed on one map for visualization and
interpretation.
Integrated Pest Management (IPM)
Using pest and environmental information to
determine if pest control actions are warranted.
Pest control methods (e.g. biological control,
habitat manipulation, cultural control, plant
resistance, and chemical control) are chosen based
on economic and safety considerations.
i-Tree
A state-of-the-art, peer-reviewed software suite
from the USDA Forest Service that provides
urban and rural forestry analysis and benefits
assessment tools.
International Society of Arboriculture (ISA)
An international nonprofit organization that
supports professionals in the field of arboriculture
by providing professional development
opportunities, disseminating applicable research
findings, and promoting the profession.
Landmark Tree
A healthy tree that is designated by the property
owner on the Texas Big Tree Registry regardless if
the tree is protected or a non-protected tree; or a
tree designated as a historic tree where an event
of historic significance occurred that had local,
regional, or national importance; or at the home
of a citizen who is famous on a local, regional, or
national basis; or that has taken on a legendary
stature in the community, is mentioned in literature
or documents of historic value, or is considered
unusual due to size, age, or other landmark status.
Historic trees shall be designated following the
historic landmark designation.
Migratory Bird Treaty Act (MBTA)
A United States federal law adopted to protect
migratory birds.
Natural Area
A defined area where native trees and vegetation
are allowed to grow and reproduce naturally with
little or no management except for control of
undesirable and invasive species.
Oak Wilt
A tree disease caused by the fungus Ceratocystis
fagacearum. It is spread by sap feeding beetles
and tree root grafts.
Open Space
A defined area of undeveloped land that is open
to the public. The land can include native or
naturalized trees and vegetation.
Plant Health Care (PHC)
A program that consists of (1) routinely monitoring
landscape plant health and (2) individualized
plant management recommendations in order to
maintain or improve the vitality, appearance, and
safety of trees and other plants.
Personal Protective Equipment (PPE)
Equipment worn to enhance workplace safety
and minimize the risk to physical hazards (e.g.
gloves, hard harts, bodysuits, and foot, eye, or ear
protection).
Private Tree
Any tree located on private property, including
residential and commercial parcels.
Appendices:
66 DentonUrban Forest Master Plan
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Appendices
Protected Tree
Landmark, heritage, quality, or secondary trees.
Quality Tree
Healthy non-secondary tree, except Post Oaks, that
measure between six and 18 inches dbh.
Public Tree
Any tree located in the public ROW, city park, and/
or city facility.
Right Tree, Right Place
Careful planning for the planting of a tree.
Considerations for whether a tree is the right
tree and whether it is planted in the right
place, include: mature height, canopy spread,
deciduous/evergreen, form/shape, growth rate,
soil requirements, light requirements, water
requirements, fruit debris, and hardiness zone.
Secondary Tree
A healthy Ash, Bois D’ Arc, Hackberry, or
Cottonwood tree, with a dbh greater than six inches.
Street Tree
Any tree growing within the tree maintenance strip
whether or not planted by the city.
Structural and Training Pruning
Pruning to develop a sound and desirable scaffold
branch structure in a tree and to reduce the
likelihood of branch failure.
Tree Canopy
The layer of leaves, branches, and stems of trees
that cover the ground when viewed from above.
Tree City USA
A program through the Arbor Day Foundation that
advocates for green urban areas through enhanced
tree planting and care.
Tree Risk Assessment Qualified (TRAQ)
An International Society of Arboriculture
qualification. Upon completion of this training,
tree care professionals demonstrate proficiency in
assessing tree risk.
Urban Forest
The collection of privately owned and publicly
owned trees and woody shrubs that grow within an
urban area.
Urban Forest Master Plan (PLAN)
A document that provides a comprehensive
information, recommendations, and timelines
to guide for the efficient and safe management
of a city’s tree canopy. The Plan uses adaptive
management model to provide reasoned and
transparent calls to action from an inventory of
existing resources.
Urban Forestry
The cultivation and management of native or
introduced trees and related vegetation in urban
areas for their present and potential contribution
to the economic, physiological, sociological, and
ecological well-being of urban society.
Urban Tree Canopy Assessment (UTC)
A document based off of GIS mapping data that
provides a birds-eye view of the entire urban forest
and establishes a tree canopy baseline of known
accuracy. The UTC helps managers understand the
quantity and distribution of existing tree canopy,
potential impacts of tree planting and removal,
quantified annual benefits trees provide to the
community, and benchmark canopy percent values.
Wildfire Urban Interface (WUI)
A transition zone where homes are located on the
edge of fire prone areas, and are at an increased
risk of personal injury or property damage resulting
from a wildfire.
Appendix C:
Industry Standards
ANSI Z133 SAFETY STANDARD, 2017
Reviews general safety, electrical hazards, use of
vehicles and mobile equipment, portable power
hand tools, hand tools and ladders, climbing, and
work procedures.
ANSI A300
ANSI A300 standards represent the industry
consensus on performing tree care operations.
The standards can be used to prepare tree care
contract specifications.
ANSI A300 Pruning Standard-Part 1, 2017
ANSI A300 Soil Management-Part 2, 2011
ANSI A300 Support Systems Standard-Part 3, 2013
ANSI A300 Construction Management Standard-
Part 5, 2012
ANSI A300 Transplanting Standard-Part 6, 2012
ANSI A300 Integrated Vegetation Management
Standard-Part 7, 2012
ANSI A300 Root Management Standard-Part 8, 2013
ANSI A300 Tree Risk Assessment Standard. Tree
Failure-Part 9, 2017
ANSI A300 Integrated Pest Management-
Part 10, 2016
Includes guidelines for implementing IPM
programs, including standards for Integrated Pest
Management, IPM Practices, tools and equipment,
and definition.
Texas 67
137
BEST MANAGEMENT PRACTICES (BMPs)
Integrated Pest Management, Second Edition,
P. Eric Wiseman and Michael J. Raupp 2016
Provides a comprehensive overview of the basic
definitions, concepts, and practices that pertain
to landscape Integrated Pest Management (IPM).
The publication provides specific information for
designing, planning, and implementing an IPM
program as part of a comprehensive Plant Health
Care (PHC) management system, including topics
such as:
• IPM Concepts and Definitions
• Action Thresholds
• Monitoring Tools and Techniques
• Preventive Tactics
• Control Tactics
• Documentation and Recordkeeping
Integrated Vegetation Management, Second
Edition, Randall H. Miller, 2014
A guide to the selection and application of methods
and techniques for vegetation control for electric
rights-of-way projects and gas pipeline rights-
of-way. Topics included: safety, site evaluations,
action thresholds, evaluation and selection of
control methods, implementing control methods,
monitoring treatment and quality assurance,
environmental protection, tree pruning and removal,
and a glossary of terms.
Managing Trees During Construction, Second
Edition, Kelby Fite and E. Thomas Smiley, 2016
Describes tree conservation and preservation
practices that help to protect selected trees
throughout the construction planning and
development process so that they will continue to
provide benefits for decades after site disturbance,
including planning phase, design phase, pre-
construction phase, construction phase, and post-
construction phase.
Plant Health Care for Woody Ornamental: A
Professional’s Guide to Preventing and Managing
Environmental Stresses and Pests, Developed in
partnership with the USDA Forest Service, 1997
A comprehensive manual on plant health
maintenance, which includes information on basic
biology of woody plants, understanding stress and
pest complexes, abiotic disorders and diseases,
management of insect and vertebrate pests, weed
management, and working with clients and the public.
Root Management, Larry Costello, Gary Watson,
and Tom Smiley, 2017
Recommended practices for inspecting, pruning, and
directing the roots of trees in urban environments
to promote their longevity, while minimizing
infrastructure conflicts.
Special companion publication to the ANSI A300 Part
8: Tree, Shrub, and Other Woody Plant Management–
Standard Practices (Root Management)
Tree Planting, Second Edition, Gary Watson, 2014
Provides processes for tree planting, including site
and species selection, planting practices, post-
planting pruning, and early tree care. Other topics
included are time of planting, nursery stock (types,
selection, and handling), preparing the planting
hole, planting practices, root loss and new root
growth, redevelopment of root structure, pruning,
palms, after planting, final inspection, and a
glossary of terms.
Tree Inventories, Second Edition, Jerry Bond, 2013
Provides considerations for managing large
numbers of trees considered as individuals rather
than groups and serves as guide for making
informed decisions that align with inventory goals
with needs and resources, including inventory goals
and objectives, benefits and costs, types, work
specifications, and maintaining inventory quality.
Tree Risk Assessment, Second Edition, E. Thomas
Smiley, Nelda Matheny, and Sharon Lilly, 2017
A guide for assessing tree risk as accurately and
consistently as possible, to evaluate that risk,
and to recommend measures that achieve an
acceptable level of risk, including topics such as:
risk assessment basics, levels and scope of tree risk
assessment, assessing targets, sites, and trees, tree
risk categorization, risk mitigation (preventive and
remedial actions), risk reporting, tree related conflicts
that can be a source of risk, loads on trees, structural
defects and conditions that affect likelihood of failure,
response growth, and description of selected types of
advanced tree risk assessments.
Tree Shrub Fertilization, Third Edition, E. Thomas
Smiley, Sharon Lilly, and Patrick Kelsey, 2013
Aids in the selection and application of fertilizers
for trees and shrubs, including essential elements,
determining goals and objectives of fertilization, soil
testing and plan analysis, fertilizer selection, timing,
application, application area, rates, storage and
handling of fertilizer, sample fertilizer contract for
commercial/municipal clients.
Soil Management, Bryant Scharenbroch, E. Thomas
Smiley, and Wes Kocher, 2014
Focuses on the protection and restoration of soil
quality that support trees and shrubs in the urban
environment, including goals of soil management,
assessment, sampling, and analysis, modifications
and amendments, tillage, conservation, and a
glossary of terms.
Utility Pruning of Trees, Geoffrey P. Kempter, 2004
Describes the current best practices in utility tree
pruning based on scientific research and proven
methodology for the safe and reliable delivery of
utility services, while preventing unnecessary injury
to trees. An overview of safety, tools and equipment,
pruning methods and practices, and emergency
restoration are included.
AMERICAN PUBLIC WORKS ASSOCIATION
The American Public Works Association (APWA)
produces manuals for agencies of any size and
with a range of responsibilities to use in order
to develop policies and procedures necessary
to perform as full-service public works agency.
In addition to the Public Works Management
Practices Manual (currently in its ninth edition),
APWA publishes a series of pocket guides.
Tree Protection & Preservation: A Pocket Guide of
Best Management Practices
The Tree Protection & Preservation Pocket Guide
provides basic and practical information on how
to manage trees at-risk in construction areas.
These Best Management Practices help to give
trees the best chance of survival before and after
construction.
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Appendices
Appendix D: Soil Volume
& Tree Stature
Tree growth is limited by soil volume. Larger stature
trees require larger volumes of uncompacted soil
to reach mature size and canopy spread (Casey
Trees, 2008).
Appendices:
Appendix E: Alternative
Planter Designs
Stormwater tree pits are designed to collect runoff
from streets, parking lots, and other impervious
areas. Stormwater is directed into scuppers that flow
into below-grade planters that then allow stormwater
to infiltrate soils to supplement irrigation.
Texas 69
139
Appendices:
Tree Protection Zone – Example
70 DentonUrban Forest Master Plan
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71
Appendices:
Tree Protection Zone – Example
DefinitionsTexas
141
Appendices:
Appendix F:
Indicators of a
Sustainable
Urban Forest
X
X
X
X
X
X
X
X
XRegional Collaboration
X
X
X
X
X
X
X
X
X
Condition of Public Trees - Natural Areas
Urban Tree Canopy
Trees on Private Property
Equitable Distribution
Species Diversity
Size/Age Distribution
Suitability
Condition of Public Trees - Streets, Parks
Soil Volume
Indicators of a Sustainable Urban Forest
TotalsTHE TREESTHE PLAYERSTHE MGMT APPROACHTree Inventory
Utility Engagement
Tree Protection Policy
Canopy Assessment
State Engagement
City Staffing and Equipment
Management Plan
Public Awareness
Funding
Risk Management Program
Disaster Preparedness & Response
Communications
Maintenance of Publicly-Owned Trees (ROWs)
Planting Program
Neighborhood Action
Large Private & Institutional Landholder Involvement
Green Industry Involvement
City Department/Agency Cooperation
Funder Engagement
Table 3: A Sustainable Urban Forest Indicators Combined Results
X
X
2
X
X
X
X
X
15
X
X
X
X
13
HighMediumLow
Assessed Performance Level
72 DentonUrban Forest Master Plan
142
Urban Tree Canopy Achieve the desired tree canopy cover according to goals set for the entire city and neighborhoods. Alternatively, achieve 75% of the total canopy possible for the entire city and in each neighborhood.”
Canopy is decreasing. - and/or - No canopy goals have been set.
Canopy is not dropping, but not on a trajectory to achieve the established goal. Canopy goal is achieved, or well on the way to achievement.
Space and Soil Volume Establish minimum street tree soil volume requirements to ensure there is adequate space and soil for street trees to thrive. Minimum soil volumes by mature size: 1000 cubic feet
for large trees; 600 cubic feet for medium trees; 300 cubic feet for small trees.
Minimum street tree soil volumes have not been established.Minimum street tree soil volume has been established based on mature size of tree.Minimum street tree soil volumes have been established and are required to be adhered to for all new street tree planting projects.
HighMediumLow
Indicators of a Sustainable
Urban Forest
Overall Objective or Industry
Standard
Performance Levels
73Definitions
Age of Trees (Size and Age Distribution)
Establish a diverse-aged population of public trees across the
entire city and for each neighborhood. Ideal standard: 0-8”” DBH: 40% 9-17”” DBH: 30% 18-24”” DBH: 20% Over 24”” DBH: 10%
No current information is available on size.
- OR - Age distribution is not proportionally distributed across size classes at the city level.
Size classes are evenly distributed at the
city level, though unevenly distributed at the neighborhood level.
Age distribution is generally aligned with
the ideal standard diameter classes at the neighborhood level.
Condition of
Publicly-Owned Natural Areas (trees managed extensively)
Possess a detailed understanding of the ecological structure and function of all publicly-owned natural areas (such as woodlands, ravines, stream corridors, etc.), as well as usage
patterns.
No current information is available on tree condition or risk.Publicly-owned natural areas are identified in a sample-based “natural areas survey” or similar data.
Information from a current, GIS-based, 100% complete natural areas survey is utilized to document ecological structure
and function, as well as usage patterns.
Diversity Establish a genetically diverse population of publicly-owned
trees across the entire city and for each neighborhood. Tree populations should be comprised of no more than 30% of any family, 20% of any genus, or 10% of any species.
No current information is available on
species. - OR - Fewer than five species dominate the entire tree population citywide.
No species represents more than 20% of
the entire tree population citywide.
No species represents more than 10% of the
entire tree population citywide.
Location of Canopy (Equitable Distribution)
Achieve low variation between tree canopy and equity factors citywide by neighborhood. Ensure that the benefits of tree canopy are available to all, especially for those most affected by these benefits.
Tree planting and public outreach and education is not determined by tree canopy cover or benefits.
Tree planting and public outreach and education is focused on neighborhoods with low tree canopy.
Tree planting and public outreach and education is focused in neighborhoods with low tree canopy and a high need for tree benefits.
Condition of
Publicly Owned Trees
(trees managed intensively)
Possess a detailed understanding of tree condition and potential risk of all intensively-managed, publicly-owned trees.
This information is used to direct maintenance actions.
No current information is available on tree condition or risk. Information from a partial or sample or inventory is used to assess tree condition
and risk.
Information from a current, GIS-based, 100% complete public tree inventory is used
to indicate tree condition and risk.
Trees on Private Property Possess a solid understanding of the extent, location and general condition of trees on private lands.No data is available on private trees.Current tree canopy assessment reflects basic information (location) of both public and private canopy combined.
Detailed information available on private trees. Ex. bottom-up sample-based assessment of trees.
Climate Resilience/
Suitability
Establish a tree population suited to the urban environment
and adapted to the overall region. Suitable species are gauged
by exposure to imminent threats, considering the “Right Tree for the Right Place” concept and invasive species.
No current information is available on
species suitability.
- OR - Less than 50% of trees are considered suitable for the site.
50% to 75% of trees are considered suitable
for the site.
More than 75% of trees are considered
suitable for the site.
THE TREES
Table 4: A Sustainable Urban Forest Indicators: The Trees
Texas
143
Neighborhood Action Citizens understand, cooperate, and participate in urban forest management at the neighborhood level. Urban forestry is a neighborhood-scale issue.
Little or no citizen involvement or neighborhood action.Some active groups are engaged in advancing urban forestry activity, but with no unified set of goals or priorities.
The majority of all neighborhoods are organized, connected, and working towards a unified set of goals and priorities.
Regional Collaboration Neighboring communities and regional groups are actively cooperating and interacting to advance the region’s stake in the city’s urban forest.
Little or no interaction between neighboring communities and regional groups. Neighboring communities and regional groups share similar goals and policy vehicles related to trees and the urban
forest.
Regional urban forestry planning, coordination, and management is widespread.
HighMediumLow
Indicators of a Sustainable
Urban Forest
Overall Objective or Industry
Standard
Performance Levels
Green Industry Involvement The green industry works together to advance citywide urban
forest goals and objectives. The city and its partners capitalize on local green industry expertise and innovation.
Little or no involvement from green industry
leaders to advance local urban forestry goals.
Some partnerships are in place to advance
local urban forestry goals, but more often for the short-term.
Long-term committed partnerships are
working to advance local urban forestry goals.
Funder Engagement Possess a detailed understanding of the ecological structure and function of all publicly-owned natural areas (such as woodlands, ravines, stream corridors, etc.), as well as usage
patterns.
Local funders are engaged and invested in urban forestry initiatives. Funding is adequate to implement citywide urban forest
management plan.
Little or no funders are engaged in urban forestry initiatives.Funders are engaged in urban forestry initiatives at minimal levels for short-term projects. Multiple funders are fully engaged
and active in urban forestry initiatives for
short-term projects and long-term goals.
State Engagement State departments/agencies are aware of and vested in the
urban forest and cooperates to advance citywide urban forest goals and objectives.
State departments/agencies and City
agencies act independently of urban forestry efforts. No coordination exists.
State department/agencies and City
agencies have engaged in dialogues about urban forestry efforts with respect to capital improvement and infrastructure projects.
State departments/agencies, City agencies,
and other stakeholders integrate and collaborate on all urban forestry efforts, including planning, site work, and outreach/education.
Large Private & Institutional Landholder Involvement
Large, private, and institutional landholders embrace citywide goals and objectives through targeted resource management plans.
Large private land holders are unaware of issues and potential influence in the urban forest. No large private land management plans are currently in place.
Education materials and advice is available to large private landholders. Few large private landholders or institutions have management plans in place.
Clear and concise goals are established for large private land holders through direct education and assistance programs. Key landholders and institutions have management plans in place.
City Department and
Agency Cooperation
All city departments and agencies cooperate to advance citywide urban forestry goals and objectives.Conflicting goals and/or actions among city departments and agencies.Informal teams among departments and agencies are communicating and
implementing common goals on a project-
specific basis.
Common goals and collaboration occur across all departments and agencies. City
policy and actions are implemented by
formal interdepartmental and interagency working teams on all city projects.
Utility Engagement All utilities are aware of and vested in the urban forest and cooperates to advance citywide urban forest goals and objectives.
Utilities and city agencies act independently of urban forestry efforts. No coordination exists.
Utilities and city agencies have engaged in dialogues about urban forestry efforts with respect to capital improvement and infrastructure projects.
Utilities, city agencies, and other stakeholders integrate and collaborate on all urban forestry efforts, including planning, site work, and outreach/education.
Public Awareness The general public understands the benefits of trees and
advocates for the role and importance of the urban forest.
Trees are generally seen as a nuisance, and
thus, a drain on city budgets and personal
paychecks.
Trees are generally recognized as important
and beneficial.
Trees are seen as valuable infrastructure
and vital to the community’s well-being.
The urban forest is recognized for the unique environmental, economic, and social services its provides to the community.
THE PLAYERS
Table 5: A Sustainable Urban Forest Indicators: The Players
74 DentonUrban Forest Master Plan
144
Tree Inventory Comprehensive, GIS-based, current inventory of all intensively-managed public trees to guide management, with mechanisms in place to keep data current and available for use. Data allows for
analysis of age distribution, condition, risk, diversity, and suitability.
No inventory or out-of-date inventory of publicly-owned trees.Partial or sample-based inventory of publicly-owned trees, inconsistently updated. Complete, GIS-based inventory of publicly-owned trees, updated on a regular, systematic basis.
Management Plan Existence and buy-in of a comprehensive urban forest management plan to achieve city-wide goals. Re-evaluation is conducted every 5 to
10 years.
No urban forest management plan exists.A plan for the publicly-owned forest resource exists but is limited in scope, acceptance, and
implementation.
A comprehensive plan for the publicly owned forest resource exists and is accepted and
implemented.
Maintenance Program of Publicly-Owned Trees (trees managed intensively)
All intensively-managed, publicly-owned trees are well maintained for
optimal health & condition in order to extend longevity & maximize benefits. A reasonable cyclical pruning program is in place, generally targeting 5–7 year cycles. Maintenance program is outlined in the management plan.
Request-based, reactive system. No
systematic pruning program is in place for publicly-owned trees.
All publicly-owned trees are systematically
maintained, but pruning cycle is inadequate.
All publicly-owned trees are proactively and
systematically maintained and adequately pruned on a cyclical basis.
Planting Program Comprehensive and effective tree planting and establishment program is driven by canopy cover goals, equity considerations, and other priorities according to the plan. Tree planting and establishment is outlined in the management plan.
Tree establishment is ad hoc.Tree establishment is consistently funded and occurs on an annual basis.Tree establishment is directed by needs derived from a tree inventory and other community plans and is sufficient in meeting canopy cover objectives.
City Staffing
and Equipment
Adequate staff and access to the equipment and vehicles to implement the management plan. A high level urban forester or planning professional, strong operations staff, and solid certified arborist
technicians.
Insufficient staffing levels, insufficiently-trained staff, and/or inadequate equipment and vehicle
availability.
Certified arborists and professional urban foresters on staff have some professional development, but are lacking adequate staff
levels or adequate equipment.
Multi-disciplinary team within the urban forestry unit, including an urban forestry professional, operations manager, and arborist technicians. Vehicles and
equipment are sufficient to complete required work.
Canopy Assessment Accurate, high-resolution, and recent assessment of existing
and potential city-wide tree canopy cover that is regularly updated and available for use across various departments, agencies, and/or disciplines.
No tree canopy assessement.Sample-based canopy cover assessment, or
dated (over 10 years old) high resolution canopy assessment.
High-resolution tree canopy assessment using
aerial photographs or satellite imagery.
Risk Management Program All publicly-owned trees are managed for maximum public safety by way of maintaining a city-wide inventory, conducting proactive annual inspections, and eliminating hazards within a set timeframe based on risk level. Risk management program is outlined in the management plan.
Request-based, reactive system. The condition of publicly-owned trees is unknown.
There is some degree of risk abatement thanks to knowledge of condition of publicly-owned trees, though generally still managed as a request-based reactive system.
There is a complete tree inventory with risk assessment data and a risk abatement program in effect. Hazards are eliminated within a set time period depending on the level of risk.
Maintenance Program of
Publicly-Owned Natural Areas
(trees managed extensively)
The ecological structure and function of all publicly-owned natural areas are protected and enhanced while accommodating public use where appropriate.
No natural areas management plans are in effect.Only reactive management efforts to facilitate public use (risk abatement).Management plans are in place for each publicly-owned natural area focused on managing ecological structure and function and facilitating
public use.
Tree Protection Policy Comprehensive and regularly updated tree protection ordinance
with enforcement ability is based on community goals. The benefits
derived from trees on public and private property are ensured by the enforcement of existing policies.
No tree protection policy.Policies are in place to protect trees, but the
policies are not well-enforced or ineffective.
Protections policies ensure the safety of trees on
public and private land. The policies are enforced
and supported by significant deterrents and shared ownership of city goals.
Funding Appropriate funding in place to fully implement both proactive and
reactive needs based on a comprehensive urban forest management plan.
Funding comes from the public sector
only, and covers only reactive work.
Funding levels (public and private) generally
cover mostly reactive work. Low levels of risk management and planting in place.
Dynamic, active funding from engaged private
partners and adequate public funding are used to proactively manage and expand the urban forest.
Communication Effective avenues of two-way communication exist between the city departments and between city and its citizens. No avenues are in place. City departments and public determine on an ad-hoc basis the best messages and avenues to communicate.
Avenues are in place, but used sporadically and without coordination or only on a one-way basis.Avenues are in place for two way communication, are well-used with targeted, coordinated messages.
Disaster Preparedness
& Response
A disaster management plan is in place related to the city’s urban forest. The plan includes staff roles, contracts, response priorities,
debris management and a crisis communication plan. Staff are regularly trained and/or updated.
No disaster response plan is in place.A disaster plan is in place, but pieces are missing and/or staff are not regularly trained or
updated.
A robust disaster management plan is in place, regularly updated and staff is fully trained on
roles and processes.
HighMediumLow
Indicators of a Sustainable
Urban Forest
Overall Objective or Industry
Standard
Performance Levels
75Definitions
THE MANAGEMENT APPROACH
Table 6: A Sustainable Urban Forest Indicators: The Management
Texas
145
Appendices:
Appendix
G: Property
Purchase
Decision
Criteria
Combined Score
Category Score
High Value Canopy/Species Trees provide numerous environmental benefits to the community. But not all trees provide the same level of benefits. Native tree species and other significant species, recognized for their contribution to ecosystem benefits, are especially valuable. In addition to providing wildlife habitat, native trees are well-adapted to the local climate and may require less maintenance and less water than introduced species. Significant trees or high-value tree species may or may not be native trees but are significant contributors to the overall diversity of the urban forest and significantly contribute to the overall environmental benefits. Other considerations for what make a tree significant include: size, crown density, drought-tolerance, longevity, contributions to air quality and stormwater capture, reducing energy consumption, and mitigating the effects of urban heat islands.
Canopy Cover Tree canopy provides numerous benefits to the community. Although, the quality of the canopy, i.e. health, and overall expanse of the canopy impacts the overall environmental benefits.
Stormwater Benefits Higher impervious surfaces, characteristic of urban areas, result in increased surface runoff and nonpoint source pollution. Stormwater management can add significantly to the cost of infrastructure a community must invest to manage/treat stormwater. Trees and canopy capture stormwater, reduce runoff, increase soil percolation, and filter pollutants. Therefore, trees can contribute to stormwater management and reduce the need for additional infrastructure. Additionally, trees along streams, creeks, rivers, and man-made water management systems can stabilize the soils along the banks to reduce erosion.
Passive Recreation Open space areas and tree canopy promote engagement with nature and the outdoors, especially when they are easily accessible and/or congruent with existing trails and greenbelts. Passive recreation (e.g., hiking, forest bathing) offer residents an important respite from urban stress. Creating opportunities for passive recreation generally requires only minimal development (e.g., signage, trail maintenance) and forestlands can be minimally managed with less impact on the ecosystem.
Brownfield land/Foreclosure Contaminated brownfield sites can sit unused for decades because the cost of cleaning the site is more than the value of the land would be worth for redevelopment. Similarly, foreclosures may have debt beyond market feasibility. Additionally, sites may have EPA liens, past taxes, and in severely deteriorated condition.
Forest Connectivity Forest connectivity promotes ecosystem functionality and biodiversity, and creates wildlife habitat and corridors for birds, insects, and other animals. Strategic purchase of property that connects with and/or bridges existing core canopy, open space, and/or greenbelts can greatly benefit wildlife and forest ecosystems.
Equitable Distribution Numerous studies have shown that tree canopy is not always equally distributed across communities. Often, in urban areas, these
discrepancies can be observed across socioeconomic and demographic lines. Tree canopy provides numerous environmental and social benefits to the community, but if tree canopy is not proportionate, benefits provided by public trees are not enjoyed equitably.
Parcel size and shape Some parcels of land are subdivided over time. Sometimes remaining parcels are narrow, irregularly shaped, or are not large
enough to allow for building and development. Irregularly shaped and/or otherwise low-value parcels may be available at a
reduced price.
DESCRIPTIONPROPERTY CHARACTERISTIC
Purchasing property provides an opportunity to preserve trees and set aside space for future tree plantings. It is important to consider costs and the existing real-estate market along with the following criteria when purchasing property.
76 DentonUrban Forest Master Plan
146
77Definitions
A combined score of 13 or less suggests the property will not likely
preserve or expand canopy cover.
A combined score of between 14 and 19 suggests the property may
preserve or expand canopy cover. Additional considerations may be
required before purchase.
A combined score of 20 or more suggests that property will likely preserve
and expand canopy cover.
Areas with a low score are assigned a value of 1. Areas with a moderate score are assigned a value of 2.Areas with a high score are assigned a value of 3.
Property has none or few native or significant trees. Property may include a prevalence of invasive species or high- maintenance species that are not well-adapted to the local climate.
Property has native or significant trees. May also include some invasive or high- maintenance species where control is manageable. Health of the trees are in fair or worse condition. May include valuable habitat/forage for wildlife. May be adjacent to, or including, wetlands, rivers, streams, and/or steep slopes, where canopy provides benefits to water quality, fish habitat, and soil preservation.
Property is mostly populated by native or significant trees. Trees and canopy are in overall fair or better condition. May also include high-value habitat/forage for wildlife and/or threatened and endangered species. Is adjacent to, or including, wetlands, rivers, streams, and/or steep slopes, where canopy provides benefits to water quality, fish habitat, and soil preservation.
Tree canopy cover is not well understood; GIS land cover layer is not available/
existing. Canopy cover of property is estimated to be minimal (<20%). Health
of the overall canopy cover on the property is in less than fair condition.
Tree canopy is mapped through GIS land cover layer. Estimates indicate that
the property has at least a moderate level of tree canopy (20-35%) and in
mostly fair or better condition.
Tree canopy is understood through a GIS land cover layer. Tree canopy
coverage is high (>35% canopy cover) and the overall health is in fair or
better condition.
Property has high levels of impervious surface or bare soil, which increases the effects of stormwater runoff or property is not located adjacent to water bodies to positively contribute to reducing erosion.
Property has a mixture of both tree canopy and low-lying vegetation (shrubs and grasses), which positively contribute to reducing stormwater runoff OR property is adjacent to bodies of water or stormwater management systems.
Property has a high level of canopy, which may be a mix of trees, shrubs, and grasses AND is adjacent to bodies of water or stormwater management systems, with a likelihood to reduce stormwater runoff and erosion.
Property is land-locked or not located in an area that would easily transition to a state that would provide passive recreation opportunities.
Property may require some investment to provide passive recreation activities or has potential for future connections or access based on adjacent property use.
Property requires minimal investment to provide passive recreation opportunities for the community and promotes preservation of environmentally sensitive areas. Property has connections to other recreation areas, trails, or connectivity to existing open space.
Property is marketable for redevelopment OR the site is not suitable for tree canopy. n/a Property is designated as a brownfield site or is in foreclosure with EPA liens, past taxes, and the cost to clean the property or the debt of the property makes it undesirable for redevelopment or development. However, property is suitable for tree canopy and/or includes canopy and may be available at a reduced price.
Property is not adjacent to existing core canopy. Location does not provide support or connectivity to known wildlife corridors or high-value habitat. Core canopy is defined as tree canopy that exists within and relatively far from the forest/non-forest boundary (i.e., forested areas surrounded by more forested areas).
Property includes edge or perforated canopy and is connected/adjacent to core canopy. Location may augment and/or support connectivity to known wildlife corridors and/or high value habitat. Edge canopy is defined as the boundary between core forests and large core forests and large non-forested land cover features. Perforated canopy defines the boundary between core forests and relatively small clearings (perforations) within the forest landscape.
Property includes core canopy and augments existing canopy corridors known to support wildlife habitat, nesting, foraging and migration. Core canopy is defined as tree canopy that exists within and relatively far from the forest/non-forest boundary (i.e., forested areas surrounded by more forested areas).
Canopy would not positively contribute to the equitable distribution of
canopy across the community OR the distribution of canopy is not well studied or understood in the community.
n/a Canopy would contribute to a more equitable distribution of canopy across
the community.
Parcel is regular shaped and/or large enough to permit building for
development.
n/a Parcel is irregularly shaped or smaller than the required buildable area for
development.
PROPERTY CHARACTERISTIC PROPERTY CHARACTERISTIC PROPERTY CHARACTERISTIC
Texas
147
“Though the word beautification makes the
concept sound merely cosmetic, it involves much
more: clean water, clean air, clean roadsides, safe
waste disposal and preservation of valued old
landmarks as well as great parks and wilderness
areas. To me…beautification means our total
concern for the physical and human quality we
pass on to our children and the future.
LADY BIRD JOHNSON
Urban Forest Master Plan
148
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-521,Version:1
AGENDA CAPTION
Receive a report, hold a discussion and give staff direction regarding update of the 2012 Sustainability Plan.
City of Denton Printed on 6/5/2020Page 1 of 1
powered by Legistar™149
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Utilities Admin/Sustainability
CM/ DCM/ ACM: Mario Canizares
DATE: June 9, 2020
SUBJECT
Receive a report, hold a discussion and give staff direction regarding update of the 2012 Sustainability Plan.
BACKGROUND
The City of Denton adopted “Simply Sustainable – A Strategic Plan for Denton’s Future” (Plan) by
Council Resolution February 21, 2012. The overall goal was to create a comprehensive sustainability
plan for Denton that encompassed municipal operations, community/citizens, and the commercial/
industrial sectors of the community.
The Plan was designed to be a living document that acknowledges successes, describes ongoing
programs, tracks and reports progress toward meeting goals, outlines future initiatives, and provides a
framework for a Sustainable Denton.
The project began in February of 2009 with a meeting of the Committee on the Environment concerning
Community Sustainability Initiatives. In April 2010 the City received notification of Energy Efficiency
Block Grant (EECBG) Funding and in November 2010 a consultant Camp, Dresser, and McKee (CDM)
was selected to draft the plan. Multiple Community Meetings, Stakeholder Meetings, Community
Partner, and Committee on the Environment Meetings were held to review feedback and develop the Plan.
The Plan adopted February 21, 2012, included guiding principles and broad goals that have allowed
additional programs and initiatives, not outlined specifically in the plan, to be undertaken as opportunities
have been presented.
The Sustainability Plan progress is tracked and reported through Key Performance Indicators and Annual
Reports. The Plan is designed to be flexible and updated as needed to include new goals and strategies, a
full update would be undertaken five years after adoption.
The Plan was updated with citizen, and internal stakeholder input, and Committee on the Environment
review. The update includes STAR Community Rating System (STAR) goals and objectives that are used
as a framework to evaluate communities using similar metrics. Denton was certified as a 3-STAR
community in 2017 and plans to begin recertification using their new platform in the next year.
The plan update includes next steps to move all City of Denton Sustainability programs forward and
continue to protect and improve the environment and quality of life.
The Committee on the Environment reviewed the Draft Plan Update (Attachment 1), and Goals and
Strategies Comparison in November 2019. (Attachment 2) Several items identified at the November
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
150
meeting were addressed during the January Committee meeting. (Questions and Clarifications -
Attachment 3).
One Strategy identified in the 2012 Plan was creation of a Citizen Sustainability Advisory Council (SAC).
The SAC would be a committee of community stakeholders selected by City Council and other City
officials to represent and serve the community on sustainability initiatives. The SAC would be responsible
for advising city decision makers on sustainability initiatives and engaging the public and other
community stakeholders in the implementation of the Plan. In the 2019 Plan Update the strategy was
reviewed and revised to “Evaluate Opportunities for Advisory/Stakeholder Committees”. Staff has
presented information regarding citizen sustainability committees to the Committee on the Environment.
The structures range from ad hoc, issue specific committees or task force, to standing citizen committees
to focus on a range of topics. Staff had not identified a circumstance where there is both an ongoing
citizen committee and a standing City Council Committee for Environmental initiatives.
One recommendation from the Committee on the Environment was to have a citizen committee focused
on the implementation of the Sustainability Plan, and the Committee on the Environment has asked that
this recommendation be considered by the full council.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMITTEES)
Committee on the Environment April 3, 2017
Community Survey May 2, 2017- December 4, 2017
Internal Stakeholder Meeting June 28, 2017
Committee on the Environment November 6, 2017
Committee on the Environment January 8, 2018
Internal Stakeholder Meeting January 10, 2018
Community Survey February 15 – April 30, 2018
Community Meeting March 21, 2018
Community Meeting March 22. 2018
Community Meeting May 9, 2018
Committee on the Environment December 3, 2018
Committee on the Environment November 4, 2019
Internal Resiliency/Sustainability Team Kickoff November 18, 2019
Committee on the Environment January 9, 2020
OPTIONS
Direct staff to bring forward a resolution supporting revised plan and any modifications
No action - Proceed with Sustainability programs and initiatives as outlined in the existing plan.
EXHIBITS
1. Agenda Information Sheet
2. 2019 Draft Sustainability Plan Update
3. Goals and Strategies
4. Questions and Clarifications/Revision
5. City Council Resolution 2012-005 - adopting Simply Sustainable a Strategic Plan for Denton’s Future
6. Annual Update 18/19
7. Presentation
Respectfully submitted:
Katherine Barnett
Sustainability and Customer Initiative Manager
151
CITY OF DENTON
Simply
Sustainable Plan
A Strategic Plan for
Denton's Future
October 2019DRAFT152
Executive Summary.....................................................................................................Page 1
Chapter 1: Water.............................................................................................................Page 8
Chapter 2: Air Quality and Greenhouse Gas Management.........Page 13
Chapter 3: Energy Conservation and Efficiency...................................Page 17
Chapter 4: Land Use and Open/Natural Space....................................Page 21
Chapter 5: Transportation.....................................................................................Page 27
Chapter 6: Education, Communication and Community
Involvement......................................................................................................................Page 31
Chapter 7: Material Resources Management........................................Page 36
Chapter 8: Environment, Resiliency, and Public Health..............Page 40
Appendix a: Public Engagement...................................................................Page 44
Appendix b: Sustainability Survey Results..............................................Page 47
Acknowledgements..................................................................................................Page 61
Table of Contents:DRAFT153
Executive Summary
The City of Denton first adopted “Simply Sustainable — A Strategic Plan
for Denton’s Future” in February of 2012, establishing a framework for
improving quality of life, protecting the environment, and creating
economic opportunities for its citizens, businesses and institutions
though sustainability initiatives. The collaborative effort with our
citizens, workforce, business owners, institutional leaders, and elected
officials resulted in a plan developed by the community and for the
community. 82 percent of the actions in the original plan were adopted
and are completed or on going.
The update to Simply Sustainable includes new strategies based on best
practices, STAR Communities/ LEED for Cities goals and community
feedback. Our Vision and Guiding principles remain the same moving
forward, while our focus areas and actions have expanded to include
additional strategies and actions to further our sustainability as a
community.
The plan is a living document with strategies and actions reviewed and
updated every five to seven years. Progress reports are completed
annually and reported on the Sustainability website. Provided herein is
an Executive Summary of the Plan, for which the full document can be
downloaded at www.sustainabledenton.com.
Sustainable Denton Vision and
Guiding Principles
Sustainability is defined as “meeting today’s needs without compromising
the ability of future generations to meet those same needs.” Working with
the community the City developed a common vision for a sustainable
Denton, along with guiding principles to help lead the way.
Page 1 DRAFT154
Vision
The City of Denton will be a sustainable community that will
engage our employees, businesses, institutions, organizations, and
citizens in more sustainable practices. We will work in a leadership role
to improve our environment and utilize our resources in ways that are
fiscally and socially responsible. We do all of this to protect and restore
our environment, create economic value, and support and strengthen
our community.
Guiding Principles
Involve the community in developing and implementing the Plan.
Develop partnerships that encourage collaboration on sustainability issues.
Promote energy management practices within municipal operations and
throughout the community that are efficient and economically sound while
reducing emissions.
Support transportation strategies that reduce air pollution and increase
alternative transportation choices.
Support waste management strategies, including diversion, reuse, recycling,
and energy producing disposal options.
Support green building and sustainable site management within the Denton
community through policy implementation, education, and incentives.
Maintain a diversified power supply portfolio while establishing aggressive
energy efficiency and energy conservation programs.
Commit to the use and purchase of environmentally and socially responsible
materials and products.
Provide high quality drinking water, wastewater treatment, and watershed
management in ways that are environmentally and economically sustainable
for current and future customers.
Conduct all of the activities above with a focus on inclusiveness, equity, and
social responsibility
Page 2 DRAFT155
Background
Denton has embraced sustainability concepts for decades, the Simply
Sustainable Plan the City sought a systematic and comprehensive
approach to implementing sustainability improvements throughout the
community. The roots of environmental management in Denton are deep, and
the City’s approach to environmental management aims to balance the
protection of natural resources with the economic and social realities of
resource utilization.
Historically, sustainability programs in the City of Denton focused primarily on
energy, water, and wastewater management. However, as regulations became
more stringent and far reaching, programs were developed to address land
use, sludge management, waste disposal management, air quality,
transportation, environmental, resiliency, public health and energy issues.
While the purpose for establishing these programs was predominantly
regulatory compliance and resource protection, the City recognized the
benefits of sustainable management. Today the City’s operations are more
focused on balancing the economic, political, and social implications of
policies and programs. One of the goals of City officials and staff is “to
encourage and support sustainability projects both internally and externally.”
Today, sustainability is a priority of the City Council and has been incorporated
into the City’s strategic planning efforts. This committment continues with the
creation and implementation of this updated Plan.
Page 3 DRAFT156
Strategies for a more
Sustainable Denton
The Plan includes strategies across eight focus areas, which were
selected through a public involvement and prioritization process.
These strategies include recommendations for policies, community
programs, outreach and education, and capital improvements.
Implementation actions are identified for each strategy. The sum is
certainly greater than the parts – on its own, each strategy provides a
distinct benefit, but as a collective whole, the Plan provides a
substantial opportunity for improving sustainability in Denton.
Page 4 DRAFT157
Measuring and
Communicating
Progress
Denton has focused on quantitative and representative metrics that are
or can be tracked at the city scale. The Plan utilizes key performance
indicators (KPIs) to measure progress. For each KPI, a baseline
measurement is provided and targets are established for sustainability
improvements. Measuring and communicating the status of these
indicators is an important component of the implementation of the Plan.
Each strategy summary includes actions and key performance indicators
(KPI) to help measure progress. Specific targets are identified to
represent milestones and guide the City’s progress. These indicators and
targets may be reported and tracked at either the strategy or action level.
Primary Interest in Sustainability
Dentonites ranked the following concerns in an online survey.
Conservation of Resources
37%
Health and Safety
27%
Access to Natural Spaces
16%
Air Quality
11%
Water Quality
6%DRAFT158
Focus Area and Goals:
Protect and restore Denton’s water bodies
Maintain high level of drinking water quality
Invest in sustainable stormwater, watershed infrastructure,
management and education
Ensure wastewater is collected, treated, and discharged in
accordance with all regulatory requirements
Take measures to encourage reductions in per capita water
consumption
WATER
Improve regional air quality and take actions to improve non-
attainment status
Take actions to reduce air pollutant emissions, including
greenhouse gases and emissions from government operations
Set reduction targets for municipal and community greenhouse
gas emissions
Complete Greenhouse Gas Contribution Analysis
Assess community hazards and vulnerabilities
Create a Community Resilience Plan
AIR QUALITY
To have under contract by the end of 2020 sufficient
renewable energy supplies to achieve the 100% renewable
energy supply objective
Encourage energy conservation and efficiency in new and
existing homes and businesses
Ensure efficient energy use in city government facilities
through demand reduction in both new construction and
building retrofits
Continue to require exceptional energy efficiency building
standards for new construction
ENERGY
Promote land use and code/zoning patterns that positively affect
energy use and the environment
Preserve open space, natural areas, and tree canopy
Minimize water use, promote storm water quality, and reduce
storm water quantity through management measures
Promote redevelopment of infill areas and brownfield sites
Improve park and open space opportunities within walking
distance of residents’ homes
Partner with city departments and local organizations to
implement tree planting goals to increase canopy coverage.
LAND USE
Page 6 DRAFT159
Focus Area and Goals:
Expand infrastructure for non-vehicle modes of
transportation
Promote public transportation ridership and the use of fuel
efficient/alternative fuel vehicles
Clean Fleet policy goal of 25% reduction by 2025
Reduce environmental impacts from impervious parking
surfaces
Increase amount of non-road trail systems
TRANSPORTATION
Develop and promote city government and community
sustainability programs to ensure community members of all
demographics have access to participate actively and
effectively
Encourage and promote citizen involvement of community
members of all ages to further understanding of basic
principles of sustainability
Increase sustainability education, awareness and personal
responsibility
EDUCATION,COMMUNICATION AND COMMUNITY
INVOLVEMENT
Reduce solid waste generation and divert waste away from
landfill disposal through increased recycling and reuse
options
Leverage city government’s purchasing power to procure
goods and services that cause less harm to humans and the
environment, in accordance with procurement laws and
regulations
MATERIAL RESOURCE MANAGEMENT
Increase consumption of fresh, locally produced, organic
produce to promote public health and to minimize resource
consumption and negative environmental impacts
Ensure that no one geographic or socioeconomic group in
the city is being unfairly impacted by environmental hazards
Develop plans and polices to ensure our community can
respond to identified risks and vulnerabilities
ENVIRONMENT, RESILIENCY, AND PUBLIC HEALTH
Page 7 DRAFT160
Chapter 1:
Water
"We never know the worth
of water til the well is dry."
-Thomas Fuller
Water is an integral part of our
community. Denton Water Utilities serve
our residents, businesses, schools, parks,
and public buildings. As increasing
demands are being placed on finite
water resources, sustainable water,
stormwater, and wastewater systems are
necessary to ensure the environmental
and economic viability of communities.
On average, Denton uses about 18
million gallons of water a day from Lake
Lewisville and Lake Ray Roberts. Water
use relies on the availability of
freshwater supplies and requires a
significant amount of energy to power
pumps and treatment processes.
Improving the efficiency of Denton’s
water treatment and delivery system
also has the potential to significantly
reduce energy demand and help keep
rates affordable. Water quality of
receiving waters is also a high priority.
Water pollution can compromise
human and environmental health. Lake
Ray Roberts and Lewisville Lake are
great places for recreation, natural
beauty, and wildlife habitats. Effective
water management (supply, stormwater,
and wastewater) is necessary to
preserve these assets.
Page 8
Protect and restore Denton’s water
bodies
Maintain high level of drinking
water quality
Invest in sustainable stormwater,
watershed infrastructure,
management and education
Ensure wastewater is collected,
treated, and discharged in
accordance with all regulatory
requirements
Take measures to encourage
reductions in per capita water
consumption
1.
2.
3.
4.
5.
GoalsDRAFT161
Successes to Date and Ongoing
Initiatives
The City continues to place an emphasis on maintaining high
standards for drinking water supply and quality, wastewater reclamation,
stormwater management, and watershed protection. Over the past three (3)
years, the City has added over 60 miles of water and sanitary sewer lines to
meet the demands of growth. City crews also replaced 16 miles of water
distribution and sanitary sewer collection mains to prevent the failure of old
pipes installed decades ago. The total length of pipe replacement increases
each year, and as a result, we continue to reduce the number of water main
breaks and sanitary sewer blockages experienced annually.
In addition to these physical improvements to our infrastructure, Water Utilities
has implemented a process to complete annual updates to the Water and
Wastewater Design Criteria Manual and Standards to better control the quality
of construction in the City of Denton.
Sustainability Metrics:
Page 9 DRAFT162
Strategy #1
Minimize Wastewater
Impacts on the
Environment
Discharges of raw sewage into urban or
natural areas can have significant
detrimental impacts. Raw sewage
poses a health risk in urban areas, and
prolonged discharge in to waterways
poses a risk to water quality and species
habitats. Monitoring and minimizing
sanitary sewer overflows (SSOs) and
instances when raw sewage is
discharged, is an effective way of
reducing negative environmental
impacts of wastewater in Denton. While
few large wastewater systems achieve
zero SSOs, the number of instances
should be minimized. Tracking the rate
and the location of SSOs can help direct
efforts to improve sewers and address
point source pollution concerns.
Page 10
Strategy #2
Implement Changes to the
Drainage Design Criteria
Manual
The quality of Denton’s waterways is a
critical component of the region’s
environmental sustainability. The goal of
Denton’s current storm water ordinance
is to maintain pre-development runoff
characteristics of a site as much as
possible. Where appropriate, revisions
will be made to promote the use of
landscape design, site design, and low-
impact development (LID) practices as
acceptable stormwater collection
and treatment design criteria.
Approaches such as plantings in
medians for roadway runoff and the
reduction of impervious surfaces can
help reduce pollution. In addition, these
practices can reduce the need for
additional separate storm sewer
construction and maintenance, and they
often have the benefit of bringing
attractive landscaping into otherwise
paved urban areas.DRAFT163
Strategy #3
Maintain High Quality
Drinking Water
It is important to track water quality to
ensure that high standards are
maintained. The City of Denton
publishes annual water quality reports
listing levels of regulated contaminants.
To obtain an overall picture of water
quality in Denton, information from
water quality reports will be combined
with SSO tracking and other key
indicators to compile ongoing metrics or
indicators of water conditions in Denton.
Page 11
Strategy #4
Exceed Minimum
Regulatory Compliance
with Texas Commission on
Environmental Quality
(TCEQ) Municipal
Stormwater Permit
TCEQ requires a permit for municipal
separate storm sewer systems (MS4).
Meeting permit requirements ensures
stormwater capture, conveyance, and
treatment is compliant with the
minimum stormwater quality measures
established by the TCEQ. Using the
minimum measures as a baseline,
Denton can set goals for stormwater
management. For example, the activities
described in Strategy #2 can help
facilitate implementation of stormwater
BMPs to help meet these higher goals.
According to the EPA, the
average household uses 320
gallons of water per day. In
the City of Denton, at least 40
percent of this goes to lawn
irrigation, and this increases
to around 70 percent during
summer. Approximately
10,000 gallons per household
is lost each year from leaking
toilets, faucets, and valves.DRAFT164
Strategy #5
Promote Water Conservation
North Texas often faces persistent drought or near-drought conditions which can limit
or deplete our lake levels. This has led to the development of five-year and ten-year
targets focused on water savings that are also required by the TCEQ. To meet these
goals the City has developed a Drought Contingency Plan that includes various policies
focused on increasing water conservation within our community.
The Learn 2 Conserve program at the City of Denton offers various resources and
materials to the public on how to reduce water usage at home and in the work place.
Another program the city offers allows citizens to receive a water audit which can help
check irrigation systems for leaks.
Page 12
Additional Strategies for
Consideration:
Minimize sewage impacts to the environment from on-site sewage facilities (OSSF).
Ensure that water, wastewater, and stormwater infrastructure is managed and
maintained so that it meets current and future needs.
1.
2.DRAFT165
Chapter 2:
Air Quality and
Greenhouse
Gas
Management
"When one tugs at a
single thing in nature,
he finds it attached
to the rest of the
world."
-John Muir
Air quality impacts our health and our environment. Denton is located in a non- attainment
area for ozone; air pollution levels in the region persistently exceed national air quality
standards set by the United States Environmental Protection Agency (EPA). High ozone levels
can cause shortness of breath and coughing. It is also linked to lung diseases such as asthma
and emphysema.
Page 13
Goals
Improve regional air quality and
take actions to improve non-
attainment status
Take actions to reduce air pollutant
emissions, including greenhouse
gases and emissions from
government operations
Set reduction targets for municipal
and community greenhouse gas
emissions
Complete Greenhouse Gas
Contribution Analysis
Assess community hazards and
vulnerabilities
Create a Community Resilience
Plan
1.
2.
3.
4.
5.
6.
Climate change is the rise in global
temperatures resulting in part from
increased levels of greenhouse
gases (GHGs). Recognizing the
importance of this issue Denton
initially signed the US Conference
of Mayors Climate Protection
Agreement in 2005.DRAFT166
Successes to Date and Ongoing
Initiatives
Air quality is not just a local issue - it is affected by pollutants throughout the
region and thus requires regional solutions. The City has formed partnerships
with regional organizations, including North Central Texas Council of
Governments (NCTCOG), North Texas Clean Air Coalition (NTCAC), ICLEI - Local
Governments for Sustainability, Denton County Transportation Authority
(DCTA), and Dallas Regional Mobility Coalition (DRMC). Together, the City and
these organizations can use their collective resources to identify and
implement regional air quality improvements and make joint decisions to
improve air quality. The City also recognizes ozone action days. During ozone
season (May through November) employees and residents are encouraged to
make clean air choices.
Each year, the City will complete a Greenhouse Gas (GHG) emissions inventory
for municipal operations and the community-at-large. The inventory provides
an assessment for establishing GHG emissions reduction targets and
developing action plans to achieve those targets.
Sustainability Metrics:
Page 14 DRAFT167
Strategy #1
Implement a Sustainable
Municipal Fleet Program
The City has recently enacted a
“sustainable fleet policy.” The policy
requires increased attention to fleet
operations from cradle to grave.
Purchases, operations, efficiency, and
necessity are some of the criteria used to
evaluate the efficiency of the City’s
vehicle fleet. The City has developed a
comprehensive sustainable fleet
program to identify opportunities and
actions the City can take to improve air
quality through fleet operations. The
goal is to have a more sustainable fleet
using the most appropriate vehicle,
operated efficiently, and properly
maintained. The intended results of this
policy are to reduce\emissions, improve
fuel efficiency, and effectively manage
the operating funds required to run the
City’s fleet.
Understanding fleet performance
enables the City to take targeted actions
to improve efficiency. The City of
Denton’s Fleet Services currently uses a
computerized management system.
Fleet Services maintains an inventory of
fleet vehicles and monitors fuel
consumption, fuel economy, mileage,
maintenance schedules, and repair
costs on a monthly basis.
Page 15
Strategy #2
Continue and Expand GHG
Program for Municipal
Operations
As a member of ICLEI-Local
Governments for Sustainability and
signatory to the 2005 U.S. Conference of
Mayors Climate Protection Agreement,
the City is committed to addressing
GHG emissions from its own facilities
and operations. The City completes an
annual GHG emissions inventory for
municipal operations and forecast GHG
emissions to assess the “business as
usual” scenario of emissions growth over
time. These emissions forecasts can help
determine the City’s emissions scenario
projected forward, and help set a
feasible emissions reduction target and
timeline.DRAFT168
Strategy #3
Create and Implement a Vulnerability Assessment and
Community Resilience Plan
The City of Denton recognizes the consensus that Climate Change is
impacting communities all over the world. The city would like to develop a
comprehensive plan to document and actively work towards addressing these
issues through the development and implementation of a Vulnerability
Assessment and Community Resilience Plan. Together the city will work with
various departments, local organizations and members of the community to
address issues that are increasing greenhouse gases within the community.
Education and outreach efforts will also be important for educating the public on
how they can help reduce their carbon footprint and help become a part of the
solution.
Page 16
UPDATE
The Denton community has
reduced their GHG emissions
by 22% since 2006.
Reductions are anticipated
to decrease further as
Denton continues to
implement actions that
lower their carbon footprint.
DRAFT169
Chapter 3:
Energy
Conservation
and Efficiency
"We shall require a
substantially new
manner of thinking if
mankind is to survive"
-Albert Einstein
The current emphasis on improving energy
efficiency is a result of several dynamics—rising
energy costs, initiatives to reduce dependence
on foreign oil, and air quality improvements
from reducing combustion of fossil fuels. The
City recognizes the importance of energy
conservation and efficiency to Denton’s
citizens, environment, and economy. Patterns
of energy use for industrial, commercial,
residential, and transportation sectors are
important indicators of community
sustainability. Globally, population growth,
industrialization, and urbanization have led to
the upward trend in energy consumption.
National demand for electricity has also
continually grown, despite the increases in
energy costs and energy efficiency
improvements. According to Energy Outlook
2010 produced by the U.S. Energy Information
Administration, buildings and transportation
sectors led increases in primary energy use.
Because buildings require the most energy in
the United States, understanding the
distribution of energy consumption is an
important step in setting goals for energy
reduction.
Page 17
Goals
To have under contract by the end
of 2020 sufficient renewable energy
supplies to achieve the 100%
renewable energy supply objective
Encourage energy conservation
and efficiency in new and existing
homes and businesses
Ensure efficient energy use in city
government facilities through
demand reduction in both new
construction and building retrofits
Continue to require exceptional
energy efficiency building
standards for new construction
1.
2.
3.
4.DRAFT170
Successes to Date and Ongoing
Initiatives
Denton Municipal Electric (DME) is committed to environmental
responsibility as demonstrated through conservation projects and
investments in renewable energy. Since the 1980s, DME has implemented
energy conservation programs, including energy audit services, demand
management and rebate programs. Specifically, the Green Sense Energy
Efficiency Rebate Program is a customer incentive program that offers
rebates to DME customers who perform authorized energy efficiency
improvements in their homes and businesses. In 2009, DME’s agreement to
purchase renewable energy from NextEra Energy Resources, LLC ensured
that 40 percent of electricity distributed to DME customers is generated
using renewable technologies. 1.6 megawatts of DME’s energy is also
provided through a landfill gas to energy project in partnership with the City
of Denton Landfill. In 2016, the City Council approved the Renewable
Denton Plan, an industry leading initiative to increase renewable power
from 40 to 70 percent by 2019. The Council replaced the Renewable Denton
Plan with an even more ambitious goal in 2018 with the adoption of the
Renewable Resource Plan. Within the next two years, DME will offer 100
percent renewable power to all residents and businesses.
Sustainability Metrics:
Page 18 DRAFT171
Strategy #1
Expand Commercial,
Residential and Industrial
Energy Efficiency Program
DME has a variety of tools available to
commercial, residential and
industrial sector customers. The
program is currently centered on
demand management and rebate
programs. DME will continue to explore
opportunities to work with large
customers and provide assessments of
current conditions, alternate sources of
generation, rebates, and innovative
demand management programs.
Continued education will be the key to
DME’s successful programs.
Page 19
Strategy #2
Update Building Codes in a
Timely Manner and
Continue to Exceed
Current International
Conservation Code (IECC)
Minimum Requirements
The City of Denton can
reduce energy consumption in new
construction through efficiency
improvements in lighting, insulation,
and heating and cooling components of
the building code. Building energy
codes provide minimum building
energy requirements, increase energy
efficiency, and provide cost savings in
utilities. Energy codes may include
insulation requirements, window
requirements, and mechanical controls
for off-hours, wattage requirements, and
other standards to raise building energy
efficiency beyond minimum
requirements.
The International Energy Conservation Code serves as the model energy building code.
The IECC code sets minimum energy efficiency provisions for residential and
commercial buildings, offering both prescriptive and performance based approaches.
As standards are updated, or if the City adopts additional green building guidelines or
incentives, it is important to raise the standard of building energy efficiency to help
reduce total energy usage and peak electric demand in buildings.
IECCDRAFT172
Page 20
Additional Strategies for
Consideration
Continue to research and pursue opportunities for methane capture, on-site power
generation, and other renewable technologies.
Pursue district heating and cooling opportunities where technically and economically
feasible.
Continue to research and review building rating system.
1.
2.
3.
Strategy #3
Improve the Energy Efficiency of Existing Homes and
Buildings
To reduce community energy consumption, the City is evaluating opportunities to
improve energy efficiency in existing homes and buildings. Beyond energy efficient
building codes and DME’s successful residential and commercial energy rebate and audit
programs, the City will continue to offer educational programs for home and business
owners and track the programs’ success.
DRAFT173
Chapter 4:
Land Use and
Open/Natural Space
"I think that I shall never see a
poem lovely as a tree."
-Joyce Kilmer
Open space and the preservation of
natural resources are critical to
community character and quality of life.
Land use and development policies
should support efficient use of
infrastructure, minimize environmental
impacts, and prevent sprawl, or
expansive development patterns. Sprawl
can be energy intensive, requiring
substantial infrastructure costs and
maintenance, and can increase traffic
congestion due to longer commute
times.
Page 21
Goals
Promote land use and code/zoning
patterns that positively affect
energy use and the environment.
Preserve open space, natural areas,
and tree canopy.
Minimize water use, promote
stormwater quality, and reduce
stormwater quantity through
management measures.
Promote redevelopment of infill
areas and brownfield sites.
Improve park and open space
opportunities within walking
distance of residents’ homes
Partner with city departments and
local organizations to implement
tree planting goals to increase
canopy coverage.
1.
2.
3.
4.
5.
6.
A healthy tree canopy cover
has been shown to reduce
energy needs, reverse the heat
island effect, and improve
quality of life. DRAFT174
Successes to Date and Ongoing
Initiatives
The City of Denton continues to prioritize land use and open space
preservation. With Denton’s current park lands, Clear Creek Natural
Heritage Center, and our commitment to preserving environmentally
sensitive areas (ESAs), the City has made great progress in restoring
and keeping open spaces. The City understands that effective land
management can help reduce the loss of open space, improve
transportation efficiency, and improve air quality. This goes hand-in-
hand with the City’s commitment to keep Denton’s tree canopy robust
and healthy. Denton is working on new master plan that includes new
strategies to help identify, protect and increase the City’s tree canopy.
Sustainability Metrics:
Page 22 DRAFT175
Strategy #1
Promote Infill Incentives
Infill development is redeveloping land
within a built-up area. It focuses on
reusing obsolete or underutilized
buildings and sites, and can be
important for community character
and growth. Infill development can also
be cost and resource- efficient.
Transportation, water, and energy
infrastructure are often already present
for existing buildings, and the cost of
connecting new development to
existing infrastructure is usually a
fraction of the cost of extending
infrastructure to entirely undeveloped
areas.
Denton offers a variety of incentives for
businesses interested in locating in
Denton. They facilitate grant
applications for the Skills Development
Fund Training Grant and the Texas
Enterprise Zone Program.
Page 23
Strategy #2
Evaluate Available
Affordable Housing
Programs/Incentives and
Implement as Feasible
Planning for Denton’s future requires
careful examination of the community’s
affordable housing options and projected
housing demand. Currently the City offers
a Minor Repair Program, a Home
Improvement Program and a Homebuyer
Assistance Program. The Minor Repair
Program provides assistance to low-
income homeowners to make essential
repairs or add accessibility modifications
(such as ramps) when the owner-
occupant lacks sufficient resources. The
Home Improvement Program provides
assistance to low and moderate income
homeowners for major repairs, including
both rehabilitation and reconstruction.
The Homebuyer Assistance Program
provides assistance to first-time
homebuyer to purchase an affordable
house. The City will evaluate existing and
other available affordable housing
programs to increase participation and
opportunies to residents.DRAFT176
Strategy #3
Implement Subchapter 17
of the Denton Development
Code Regarding
Environmentally Sensitive
Areas
Subchapter 17 of the Denton
Development Code (DDC) provides the
City with the legal framework for the
conservation and protection of
floodplains, riparian corridors / buffers,
wetlands, and eastern cross timbers
forests (“upland habitats”), commonly
known as Environmentally Sensitive
Areas (ESA's). Riparian areas, the interface
between land and a river or stream, are
vital for water quality, habitat and flood
mitigation. Upland areas are home to
unique animal and plant habitats, and
often serve as treasured recreational
areas. The City will continue to preserve
and restore these natural corridors.
Page 24
Strategy #4
Implement Code Changes
to ensure Landscape
Requirements are based on
the Concept of Multiple
Uses (Stormwater, Shading,
and Drought Tolerance)
The City will evaluate and address
landscaping and stormwater
requirements of commercial
development. Code revisions could greatly
enhance future landscape designs by
incorporating multi-use elements that are
both environmentally beneficial and
aesthetically pleasing. Options for revisions
to the landscape and stormwater
regulations range from a full- scale
integrated stormwater plan that uses
natural elements, such as swales to
capture stormwater and guidelines that
recommend local plants requiring less
watering. It is also important to emphasize
planting during dormant season and
effectively addressing irrigation. Denton’s
code should strike a balance between key
design features/practices and provide a
menu of different options that leave
ample room for the creativity of the
designer and property owner. Landscape
recommendations will be tailored to the
local climate and environment. Best
practices will also be incorporated into
educational material to promote new
landscapes that also meet code
compliance. DRAFT177
Strategy #5
Promote Mixed-Use,
Compact Development in
Targeted Areas
Communities such as Denton are
attracting citizens who desire more
compact or dense development with a
greater variety of uses. This type of
development in turn has many
environmental, economic, and social
benefits. The City will promote mixed-
use, compact development in the
downtown transit area and
commercial districts by specifying
minimum density requirements.
Page 25
Strategy #7
Gas Well Development,
monitoring and tracking of
inspections
The City of Denton is located atop the
eastern edge of the Barnett Shale. The
Gas Well Inspections Division works to
protect the health, safety, and general
welfare of the public, and in addition it
ensures the orderly and practical
development of mineral resources in a
manner compatible with existing and
future development of affected surface
uses. Subchapter 22 regulates gas well
drilling and production within the city
limits. This section of the code was
developed to protect public health and
safety while allowing the practical
development of mineral resources.
Monitoring and Inspection information
is available on the city's website.
Strategy #6
Update and Implement
the Tree Code
Denton’s tree canopy is an iconic part
of the landscape and a critical element
of the natural environment. Currently
at 19 percent of the city’s area, the
urban tree canopy has room to expand
in certain zoning districts. The Tree
Code advances the objectives of
retaining existing trees, replacing and
replanting trees, increasing the urban
tree canopy, and planting native trees.
Denton continues to work internally
and partner with other departments
and organizations to promote the
planting of trees. DRAFT178
Strategy #8
Implement Clear Creek Master Plan
Clear Creek Natural Heritage Center (CCNHC) is a valuable natural resource with more
than 2,900 acres of open land. It includes ecosystems such as bottomland hardwood
forest, upland prairie, and diverse aquatic habitats. In 2014, a Master Plan was developed
to utilize the area based on the needs of the community. This innovative plan lays out
the vision and goals for Clear Creek along with plans for restoration and reforestation
but also the design for improvements upon the land. The City is building new trails,
natural play structures, and facilities that allow the community to continue utilizing this
area as a natural resource for education and recreation.
Page 26
Additional Strategies for
Consideration:
Improve park and open space opportunities within walking distance of residents’ homes.
Review Code to allow/ promote Green Infrastructure Development Code
Update, Implement and Review Integrated Pest Management Plan
Implement a Program to Clean Up, Redevelop, and Reuse Brownfield Sites
1.
2.
3.
4.DRAFT179
Chapter 5:
Transportation
"It is every man's obligation to put back into the world at least
the equivalent of what he takes out of it."
-Albert Einstein
Our current transportation network is
a product of regional development patterns
and infrastructure decisions that reflect a time
when fuel sources and construction costs
were less expensive and when air pollution
was less of a concern. Changes to this network
are often difficult and expensive. Capital and
operating costs for new projects are
extremely high, fuel costs fluctuates, and air
quality continues to be a substantial concern
for the region.
The benefits of increased mobility need to be
weighed against the environmental,
economic, and social costs of transport,
including traffic congestion, impacts of
impervious parking areas to surface water,
stormwater and groundwater supply, air
pollution, long commute times, physical
inactivity, and fuel costs and consumption.
Sustainable transportation options can
decrease our impact on the environment,
reduce the costs of commuting, and improve
quality of life for the Denton community.
Page 27
Goals
Expand infrastructure for non-
vehicle modes of transportation
Promote public transportation
ridership and the use of fuel
efficient/ alternative fuel vehicles
Clean Fleet policy goal of 25%
reduction by 2025
Reduce environmental impacts
from impervious parking surfaces
Increase amount of non-road trail
systems
1.
2.
3.
4.
5.DRAFT180
Successes to Date and Ongoing
Initiatives
The City is taking steps to invest in a more sustainable transportation
system. Multiple forms of alternative transportation – bicycling, walking,
telecommuting, carpooling, use of high fuel efficiency or alternative fueled
vehicles and mass transit—help to protect the environment, reduce traffic
congestion, and build active communities. Many initiatives within the City
promote the use of alternative transportation, including annual awareness
and outreach programs designed to inform citizens about alternative
transportation options.
Sustainability Metrics:
Page 28 DRAFT181
Strategy #1
Update and Implement the
Bicycle Master Plan
In 2011, The City of Denton completed
a Bicycle Master Plan. The primary goal
of the plan is to create an integrated
transportation and recreation
framework to facilitate biking as a viable
transportation alternative throughout
Denton. The plan gathered data
infrastructure for bicycle travel, prepared
design guidelines for constructing
facilities for cyclists, identified
supporting programs and policies, and
estimated construction and
implementation costs. As funding and
resources permit, the City will work
to implement the strategies identified in
the plan.
Page 29
Strategy #2
Ensure Current Parking
Standards Provide
Flexibility and Reduce
Environmental Impacts
Excessive parking and impervious
surfaces – artificial structures such as
pavement that is covered by
impenetrable materials – negatively
impact the built environment and
threaten groundwater and surface
water resources. The City will continue
to revise its current parking standards to
reflect local conditions and parking
demand. The parking standards
incorporate flexible methods for
reducing the stormwater, surface water,
and groundwater impacts from parking
areas. Measures may include multiple
use landscaping islands, the
use of pervious surface paving, and
management practices to improve the
quantity and quality of stormwater
draining from parking lots.DRAFT182
Strategy #3
Improve and promote pedestrian opportunities
The City recognizes the importance of walking and the contribution it makes to personal
mobility and the environment. As such, the City will evaluate ways to promote safe, and
convenient opportunities for walking. Improving pedestrian opportunities may include
sidewalks, walkways, trails, and amenities such as lighting and landscaping to encourage
physical
activity. The City is evaluating opportunities to increase miles of sidewalk as compared with
miles of streets.
Page 30
Additional Strategies for
Consideration:
Encourage sustainable modes of transportation including carpooling options, electric
vehicle charging stations infrastructure, and public transportation.
Evaluate traffic signalization to improve safety and mobility and implement as funding
allows.
Implement and enforce idle reduction policy.
Update and Implement ADA Transition Plan
1.
2.
3.
4.DRAFT183
Chapter 6: Education,
Communication and
Community Involvement
"You can never have an
impact on society if you
have not changed
yourself."
-Nelson Mandela
The sustainability challenges of today
require global, local, and individual
action. Although the City of Denton is
implementing many substantial
initiatives to improve community
sustainability, government actions
cannot and should not be the only
actions. The success of this Plan
depends on the active involvement of
city residents, businesses, and
institutions.
By providing education and involvement
opportunities, regularly tracking
successes and acknowledging areas for
improvements, the community can
understand what the City is doing to
lead the way, and can participate in
making Denton a more sustainable
community.
Page 31
Goals
Develop and promote city
government and community
sustainability programs to ensure
community members of all
demographics have access to
participate actively and effectively.
Encourage and promote
involvement of community
members of all ages to further
understanding of basic principles of
sustainability.
Increase sustainability education,
awareness and personal
responsibility
1.
2.
3.DRAFT184
Successes to Date and Ongoing
Initiatives
In 2011, the City launched a sustainability website and education seminar
series in response to community requests. The website and education
program aim to raise awareness about sustainability in the community and
prompt individuals to act. The website provides information to citizens of
all ages, including interactive coloring pages for kids and tips for adults to
learn how to integrate sustainability into daily lives. These messages are
also shared on multiple social media sites
The City promotes community participation in national, regional, and local
environmental events. Denton is working with community organizations
and non-profit groups to educate residents and businesses on
environmental issues and offer tips to address environmental challenges.
During the 2018 -2019 fiscal year, the Sustainability Department
participated in 258 events including: workshops, festivals, volunteer events,
tours and outreach events. These events raise awareness and encourage
individuals to take personal actions to improve community sustainability.
Sustainability Metrics:
Page 32 DRAFT185
Strategy #1
Evaluate
Opportunities for
Advisory/Stakeholder
Committees
As new projects and strategies form
in Sustainability the City may choose
different methods to involve citizens.
Advisory and Stakeholder
committees will be evaluated as
opportunities arise. These
committees can advise city decision-
makers on sustainability initiatives
and engaging the public and other
community stakeholders.
Page 33
Strategy #3
Implement a Green
Business Program to
Identify and
Recognize Sustainable
Businesses
The Green Business Program is intended
to provide recognition to Denton
businesses for their commitment to
sustainability. The City has established
criteria for verifying that businesses
meet sustainability standards including
energy and water conservation, waste
reduction, and pollution prevention.
Businesses in the program will be
officially recognized by the City.
A program logo is used to identify
participating businesses. Green
businesses can advertise the logo on
business websites or post a decal on
storefront windows.
Strategy #2
Sustainability and Learn
2 Conserve workshops
Sustainability plans to continue
providing educational workshops
that teach the public about new and
successful ways to conserve
resources, promote local food
production, connect with nature,
and divert waste from the landfill.
These classes are available to all
members of the community and
focus on helping people live a more
sustainable lifestyle.DRAFT186
Strategy #4
Develop and increase
outreach material made
available to the public
The Sustainability Program will work
with departments within in the city to
develop materials that can be
distributed throughout the city that
highlight sustainable events and
practices. These items, articles, and
newsletters will provide more
information on environmentally and
socially responsible practices
that can be implemented within the
City of Denton. It will also highlight
sustainability trends and educate others
on ways to integrate sustainability
principles into operations and daily life.
Page 34
Strategy #5
Expand Denton Sustainable
Schools Program
Denton Sustainable Schools encourages
students, families, faculty, and staff to
improve our environment, create
economic value, and support and
strengthen sustainable communities
through the implementation of
comprehensive sustainability education.
The program works with participating
schools to expand educational
opportunities in several focus areas:
Water, Air Quality and Greenhouse Gas
Management, Transportation, Material
Resource Management, and the
Environment.
Sustainable Schools is open to any school
in Denton ISD. At the end of the year
participating schools will turn in points
accumulated throughout the year and
can potentially win environmental
awards based on their performance.
Points are earned by recycling, teaching
relevant lessons, field trips, civic
engagement, maintaining a school
garden, hosting sustainable presentation
and other engaging educational
opportunities.DRAFT187
Strategy #6
STAR and LEED for Cities
In 2017, the City of Denton became a 3-
Star certified community for the STAR
Communities framework. Through an
extensive reporting process the City was
able to accumulate enough points
using the STAR Communities metric to
qualify as one of only 73 cities to be
certified in the Country. In 2018, the
STAR Communities program merged
with LEED for Cities to form a new
program. This program will continue to
allow the City of Denton to measure
progress in sustainability, as well as,
provide direction regarding areas where
growth is needed. It showcases how
Denton is a leader in the Dallas Fort
Worth metroplex.
Page 35
Additional Strategies for
Consideration:
Create a Green Team Program to Identify and Encourage Sustainable practices within
the City
Develop and Implement a Volunteer Program for Clear Creek Natural Heritage Center
1.
2.
Strategy #7
Equity and Empowerment
The City of Denton wants to ensure
equity in Sustainability by promoting
inclusion and access to resources
throughout the entire community. Some
of the methods by which that the
Sustainability Program plans to
implement these principles is by working
with other departments and outside
organizations to better understand the
needs of their community. This will help
the city understand what sustainable
workshops could benefit neighborhoods
throughout Denton. The city also intends
to distribute resources by working with
various organizations throughout the city. DRAFT188
Chapter 7: Material
Resource Management
"Til now, man has been up
against nature; from now
on he will be up against his
own nature."
-Dennis Gabar
The City of Denton promotes sustainable
materials management through
recycling, landfill energy recovery,
environmentally preferable purchasing,
and litter reduction. Material goods can
use energy intensive processes, may
contain excessive packaging and may
be transported over long distances
before they are used once and
discarded. The transportation of waste
to disposal sites produces air pollutants,
as does the decomposition of solid
waste at the landfill. The amount of time
a landfill can be effectively utilized can
also be extended if materials destined
for the landfill can be reduced, reused,
and / or recycled. Fortunately, there are
many local opportunities to manage
material resources efficiently and
promote economic growth and
environmental quality.
Page 36
Goals
Reduce solid waste generation and
divert waste away from landfill
disposal through increased
recycling and reuse options.
Leverage city government’s
purchasing power to procure goods
and services that cause less harm to
humans and the environment, in
accordance with procurement laws
and regulations.
1.
2.
At multiple stages of a product’s lifecycle
— extraction and processing of raw
materials, manufacturing, distribution,
storage, transport and disposal —
innovations in materials management
can reduce waste and promote reuse.
Examples of strategies include recycling,
composting, source reduction, and
energy recovery from waste.
DRAFT189
Successes to Date and Ongoing
Initiatives
Denton has an active recycling program for citizens, governmental facilities,
and public facilities. Denton offers innovative programs, including a home
chemical collection program, successful community clean-up events, and
yard waste composting.
Through the Home Chemical Collection (HCC) program, the City
provides at-home collection and drop off of Household Hazardous Waste
(HHW) to all residents. In an effort to reuse materials, the City redistributes
HHW material to residents at its ReUse Store.
Lastly, the City’s Solid Waste Department collects municipal yard waste
(grass clipping and leaves, brush and tree limbs) for composting. Yard waste
and waste activated biosolids recycled from the Pecan Creek Water
Reclamation Plant are used to make Dyno Dirt, compost made and sold by
the Beneficial Reuse Division.
Page 37
Sustainability Metrics:DRAFT190
Strategy #1
Promote Clean-up Events
The City of Denton promotes and
sponsors clean-up events by providing
supplies and recruiting volunteers in
partnership with internal departments
and external community organizations.
During clean-up events, volunteers
collect trash from streets, waterways,
and neighborhoods. Clean-up sites
often include parks, right-of-ways
grounds, school grounds, and nature
trails. Through its relationships with
local businesses and organizations, the
City can request donations, supplies, or
in- kind support.
Page 38
Strategy #2
Implement Formal
Environmentally Preferred
Purchasing Policy
The City is establishing a formal
Environmentally Preferred
Purchasing Policy to guide the City’s
purchasing decisions and promote the
use of products and services that best
align with the city’s sustainability goals.
In making purchasing decisions, certain
products and services will be evaluated
based on their environmental impact in
addition to price and performance.
In evaluating environmental
performance, the entire product
lifecycle will be considered. The policy
will cover office supplies, electronic
equipment, cleaning products and food
and beverage materials.DRAFT191
Strategy #3
Divert Solid Waste from Landfill through Recycling
Denton is continually expanding its recycling education program to increase and
improve community recycling. The City currently provides curbside single stream
recycling services to single-family residences and the opportunity for recycling at
multi-family residences and businesses. To increase recycling participation in
multi- family residential units, the City offers free waste audits and education to
multi- family complexes that would like to recycle. Commercial recycling
services currently include cardboard, office/mixed paper, or single-stream
(commingled) recycling. Denton recently introduced a recycling program for
businesses located downtown in the Square District to increase recycling
effectiveness.
In addition having a public/private partnership with a Materials Recycling Facility
at the municipal landfill improves recycling efficiency. This facility helps to
minimize trips to deliver recyclables for sorting and allows better tracking of
recycling participation in Denton.
Page 39 DRAFT192
Chapter 8: Environment,
Resiliency, and Public
Health
"You can never have an
impact on society if you
have not changed
yourself."
-Nelson Mandela
Food plays a critical role in
community health, economy,
environment, and culture. By
supporting pollinators, local farmers,
urban agriculture, and community
gardens, the City supports local
businesses, facilitates public access to
local food, and helps decrease air
pollution and fossil fuel consumption
by reducing the distance food travels.
Page 40
Goals
Increase consumption of fresh,
locally produced, organic produce
to promote public health and to
minimize resource consumption
and negative environmental
impacts
Ensure that no one geographic or
socioeconomic group in the city is
being unfairly impacted by
environmental hazards
Develop plans and polices to ensure
our community can respond to
identified risks and vulnerabilities
1.
2.
3.DRAFT193
Successes to Date and Ongoing
Initiatives
Every April through September, local food businesses and artists
participate in the Denton Community Market held at the corner of
Mulberry Boulevard and Carroll Street. The market is a community
gathering space for locally produced foods and locally produced arts
and crafts. The City is evaluating opportunities to support local food
production including urban gardens, food cooperatives, backyard
chickens, and Community-Supported Agriculture (CSA).
The City of Denton is also focused on supporting pollinators and
has shown their continued support by participating in programs like Bee
City USA and Monarch City USA. These programs require annual activities
and reporting. The City of Denton currently maintains three pollinator
gardens at Clear Creek Natural Heritage Center along with three more
native plant beds. These gardens can be used to educate the public and
students that visit Clear Creek on how to properly develop and maintain
their own gardens. Denton also hosts annual events that aid in supporting
local pollinators such as the Honey Run and a Pollinator Celebration that
takes place during Pollinator Week each year. These events are the perfect
opportunity for all ages to learn more about what they can do for the local
pollinators in their community.
Sustainability Metrics:
Page 41 DRAFT194
Page 42
Strategy #3
Assess and strengthen
Denton’s social, economic
and government resilience
A resilient city manages acute shocks and
tackles chronic stresses. This strategy will
ensure Denton is becoming more resilient
by building a sustainable city, mobilizing
volunteers, engaging partners, and
creating a vibrant workforce. Through
public engagement and research we plan
to identify strengths and weaknesses in
social, economic and government
resilience identify practical steps
for improvements. Moving forward we
plan to establish long-term community
goals that allow us to increase safety,
security and stability, improving quality of
life for residents.
Strategy #2
Complete the National
Wildlife Federation’s
Community Wildlife Habitat
Certification
Denton is committed to the restoration
and creation of wildlife habitats within
our community and is working towards
becoming a certified Wildlife Habitat
Community through the National Wildlife
Federation. This program will be a
collaborative effect between the
community and various programs that
are already taking place at the City of
Denton. The City plans to obtain enough
points to get certified and maintain their
certification within the program.
Strategy #1
Bee City USA and Monarch
City USA
In 2016 the City of Denton joined Bee City
USA and developed an urban beekeeping
policy that was adopted for the City of
Denton. Since then Denton has become
the first city in the State of Texas to
become a member of the Monarch City
USA program with the intention of
increasing our support for local pollinators
within the community. Denton is also
proud to be a part of the Mayors’ Monarch
Pledge.DRAFT195
Page 43
Strategy #4
Encourage Backyard and Community Gardening within
City Limits
To support consumption and production of local food, the City of Denton is
implementing measures to promote backyard and community gardens. A
community garden is land used collectively by a group of people to grow fresh
produce and plants. Community gardens can promote healthier eating and
transform unused land into productive and attractive spaces that demonstrate
the benefits of local food production. Backyard gardens are located and
maintained by an individual on their property. This enables a person to be able
to produce their own source of food.
To increase access and availability of local food, the City provides education on
various topics such as beekeeping, backyard urban chickens, gardening, seed
starting, composting, and forms of permaculture. Many of these classes are
taught by local farmers and experts in the agricultural industry. By partnering
with local experts we are able to connect members in the community with
one another to build support around local food production.
Denton will continue to partner with various organization to provide
gardening resources such as the Emily Fowler Seed Library which provides free
seeds to local residents.DRAFT196
This section describes the process and results of an extensive public
engagement process and how the information gathered has helped to shape
the Plan. The planning process was designed to give citizens, businesses, and
institutions multiple opportunities to participate and provide input to the Plan.
The public engagement process included key stakeholders, city staff, and
community members in identifying and analyzing ideas, studying existing
policies and programs, and developing a list of actions and opportunities for
meeting the City’s sustainability goals. The City received input from over 300
citizens, educators, environmentalists, sustainability experts, business leaders,
homeowners, city officials, and staff throughout this process via multiple
avenues, including working groups, community meetings, and a sustainability
survey.
Appendix a: Public
Engagement
Staff gathered information about existing programs, identified focus areas and
goals, and evaluated sustainability strategies for implementation. Three distinct
groups of influenced the development of the Plan.
Plan Development
Interdepartmental Team
The City organized a team of employees representing a diverse group of
departments, including Purchasing, Solid Waste, Economic Development,
Planning, Facilities, Community Development, Water and Wastewater,
Communications, Transportation, Building Inspections, Environmental Services,
and Parks. The Interdepartmental Team was tasked with gathering data,
providing recommendations, and refining and evaluating sustainability
strategies. The team’s knowledge of government operations and existing
programs and policies was essential in identifying realistic and actionable
strategies.
Page 44 DRAFT197
The Committee on the Environment (COE) consists of three City Council
members dedicated to advancing the City’s commitment to environmental
protection. The COE provides expertise and recommendations during the
update. COE was able to provide guidance and feedback on the planning
process, goal identification and strategy prioritization and selection.
The community meetings enabled citizens to discuss sustainability in ways that
relate to their everyday lives. Participants were asked to generate ideas for
advancing sustainability in each of the focus areas, and were encouraged to ask
questions of city staff present for clarification as needed.
Sustainability Community Meeting #1 - March 21, 2018, 6:30-8:00 PM:
Purpose:
The first community meeting for citizens was held on March 21st, 2018, to
introduce the citizens to the Simply Sustainable Plan updates and provide an
overview of the planning process, their respective roles, receive feedback
regarding sustainable strategies they would like to include.
Attendees:
Attendees included individuals from the community.
Presentation:
Sarah Luxton, Denton Sustainability Coordinator, welcomed attendees. Luxton
provided a brief presentation on the definition of sustainability, the Vision
Statement and Goals for Sustainable Denton, and an overview of the project and
timeline. The bulk of the workshop was spent in allowing citizens to provide
feedback in each of the eight focus areas.
Community Meetings
Sustainability Survey
A public survey was conducted to gather and prioritize sustainability strategies.
The survey was provided online from Fall 2017 through Spring 2018 to gather
additional input from the community. A detailed report on the survey results
can be found below.
Page 45
Committee on the EnvironmentDRAFT198
Sustainability Community Meeting #2 - March 22, 2018, 6:00-8:00 PM:
Purpose:
The second community meeting for citizens was held on March
22, 2018, to introduce the citizens to the Simply Sustainable Plan updates and
provide an overview of the planning process, their respective roles, receive
feedback regarding sustainable strategies they would like to include.
Attendees:
Attendees included individuals from the community.
Presentation:
Sarah Luxton, Denton Sustainability Coordinator, welcomed attendees. Luxton
provided a brief presentation on the definition of sustainability, the Vision
Statement and Goals for Sustainable Denton, and an overview of the project
and timeline. The bulk of the workshop was spent in allowing citizens to
provide feedback in each of the eight focus areas.
Sustainability Community Meeting #3 – May 6, 2018, 5:00-7:00 PM:
Purpose:
The third community meeting for citizens was held on May 6,
2018, to present the feedback collected from the previous community
meetings, as well as, all of the information collected from the online surveys
and discuss strategy prioritization.
Attendees:
Attendees included individuals from the community.
Presentation:
Sarah Luxton, Denton Sustainability Coordinator, welcomed attendees. Luxton
provided a brief presentation on the definition of sustainability, the Vision
Statement and Goals for Sustainable Denton, and an overview of the project
and timeline. Next, we spoke about the feedback that had been collected in
each of the eight focus areas and how we would implement this feedback into
the updated version of the Simply Sustainable Plan.
Community Meetings
Continued
Page 46 DRAFT199
Appendix b:
Sustainability Survey
Results
The City of Denton (City) has updated the Sustainability Plan for City
government operations and the community-at-large. A critical component of a
successful updated plan is stakeholder participation. The City employed various
methods of community outreach and participation, including the Sustainable
Denton Survey. The purpose of the survey was to gather input from City
stakeholders about sustainability strategy ideas, as well as to document how
City stakeholders prioritize the strategies and focus areas of sustainability.
Survey Objectives
Data Collection Method
Denton Sustainability employees informed City stakeholders of the Sustainable
Denton Survey during public meetings. Public meetings were held on March 21,
March 22, and May 9, 2018. The survey was also publicized on the City website,
the Denton Sustainability website and Facebook page, a City email list, and at
City outreach events. The number of completed surveys for Version 1 and
Version 2 was 287 and 264, respectively. These surveys are thus an important
source of data from hundreds of stakeholders within Denton.
It is important to note, the potential voluntary response bias inherent to this
non-random survey collection method. People with strong opinions about
sustainability were potentially more likely to respond to the survey. Therefore,
the survey results do not necessarily reflect the opinions of the entire City
population. Nonetheless, the survey results are useful in gauging public opinion
about sustainability.
Page 47 DRAFT200
Residency and role of survey participants
Definition and conceptualization of sustainability
Prioritization of sustainability strategies and focus areas
Data was collected through the use of a semi-structured questionnaire. The
average amount of time to complete both versions of the survey was four
minutes each. The questionnaire assessed the following three areas:
Summary of Key Findings
Residency and Role of Survey Participants
As illustrated in Figure 1, the majority of survey respondents – 72 percent – have
resided in Denton for five or more years. Respondents residing in Denton for
less than five years made up 15 percent of surveys. The remaining 13 percent of
respondents who were not Denton residents identified their role in the
community as an education provider, business owner/representative, health
care professional, City of Denton employee/official, environmental professional,
or as a role not identified in the survey, as demonstrated in Table 1.
Sustainable Denton Survey
Page 48
Survey Questionnaire
Version 1
Table 1: Role in CommunityDRAFT201
The community was asked to select a definition of sustainability they identified
with most. As shown in Table 2, no definition received a majority of votes.
However, the most popular definition among respondents by a significant
margin – receiving 41 percent of votes – was the following: “Using, developing,
and protecting resources at a rate and in a manner that enables people to
meet their current needs and also provides that future generations can meet
their own needs.” The second most selected definition – comprising 29 percent
of survey responses was “Improving the quality of human life while living within
the carrying capacity of supporting eco-systems.” Obtaining 20 percent of
survey responses, the third most popular definition was “Meeting the needs of
the present without compromising the ability of future generations to meet
their own needs.” Unique definitions of sustainability that were not offered as
choices in the survey were provided by seven percent of respondents. A
representative definition described sustainability as “Using only the resources
we currently need while taking actions to enhance future availability of
resources including the environment.” Just three percent of respondents chose
the definition “No net per capita loss of natural or human capital.”
Page 49
Definition and Understanding of
Sustainability
Denton Resident for 5 years or more
72%
Denton Resident for 0-5 years
15%
Not a Denton Resident
13%
Figure 1: Residency of Survey RespondentsDRAFT202
Purchasing – Use and purchase of environmentally and socially responsible
materials and products.
Air Quality – Making sure the air is healthy and safe for all community
members. Programs with emission reducing initiatives like ozone action,
transportation reduction and efficiency, and air quality tracking.
Greenhouse Gas (GHG) management – Promote environmentally and
economically sound GHG management practices throughout the
community. GHG management includes energy efficiency, waste reduction,
transportation upgrades, and community education.
Green Business Programs – Programs that highlight existing businesses
going a step beyond to reduce their footprint and make a positive impact on
the community.
Transportation – Enhance and implement strategies that reduce air pollution
and increase alternative transportation choices.
Energy Conservation and Efficiency – Promote energy conservation
techniques and help educate and facilitate residents and businesses in
energy efficiency improvements.
Ecosystems and Open Space – Protect and manage open space in the
community while taking precautions to protect existing habitats.
The City developed ten focus areas for the updated Sustainability Plan.
Respondents were asked to rank each of the focus areas on a scale from one to
five, with one being the least important and five being the most important.
Focus areas included the following:
Page 50
Importance of Focus Areas
Table 2: Definitions of SustainabilityDRAFT203
Waste Management – Further strategies including diversion, reuse, recycling
and energy producing disposal options.Involvement of the Community and
Stakeholders – Involve community and stakeholders in development and
implementation of sustainability planning and activities.
As demonstrated in Table 3, every focus area scored above a four out of five,
based on the weighted average score for each focus area. Respondents
identified Air Quality as the most important, followed by Ecosystems and Open
Space, Greenhouse Gas Management, Waste Management, Transportation,
Energy Conservation and Efficiency, Involvement of Community and
Stakeholders, Purchasing, Green Building/Sustainable Site Management, and
Green Business Programs, as illustrated in Figure 2.
Page 51
Importance of Focus Areas
Continued
Table 3: Importance of Focus AreasDRAFT204
Investing in renewable energy sources such as wind and solar over natural gas
Preserving green spaces
Improving upkeep of sidewalks and parks
Educating businesses and citizens on their role in becoming a sustainable
community
Respondents were shown six sustainability strategies and asked to choose the strategy
they would most like to see improved in the upcoming three years. Additionally,
respondents had the option of providing their own unique strategy. As shown in Table
4, 28 percent of respondents would like to see more availability of recycling for
businesses, apartments, and other commercial properties. This was followed by 21
percent of respondents who opted for more access to public transportation and
bike/pedestrian opportunities. Fifteen percent of respondents hope to see more City
policies promoting sustainable building and development. Twelve percent of
respondents would like more availability of rebates and other measures encouraging
conservation of water and energy at home. Ten percent of respondents want to see
more availability of local food and community garden access. An additional ten percent
of respondents provided their own unique strategy they hope to see in the next three
years. Finally, four percent of respondents would like to see more implementation of a
Green Business Program recognizing and rating local businesses. Some examples of
unique strategies offered by respondents include:
Page 52
Sustainability Strategies
Figure 2: Importance of Focus Areas (weighted average score
from 1-5)
0 1 2 3 4 5
Air Quality
Ecosystems and Open Space
Greenhouse Gas Management
Waste Management
Transportation
Energy Conservation and Efficiency
Involvement of Community and Stakeholders
Purchasing
Green Building/Sustainable Site Management
Green Business Programs DRAFT205
Page 53
Additional Ideas:
Table 2: Definitions of Sustainability
In concluding the survey, respondents were given the opportunity to provide
additional ideas for sustainability strategies that were not previously discussed.
Contact information for the City of Denton Sustainability was provided and
respondents were encouraged to reach out with their ideas over specific
projects, community programs, policy changes, educational initiatives, and any
other ideas.DRAFT206
Summary of Key Findings
Residency and Role of Survey Participants
In this version of the survey respondents were shown various roles within the
community and were asked to select all which applied to them. Many
respondents chose more than one role within the community. As
demonstrated in Table 5, a majority – 74 percent – of respondents identified
themselves as Denton residents. City of Denton employees and officials made
up 22 percent of respondents. Eleven percent of respondents identified
themselves by providing their own role which was not offered as an option in
the survey. Eight percent of respondents indicated that they were business
owners or representatives. An additional eight percent of respondents were
students, while six percent of respondents classified their role in the
community as education providers. Environmental professionals and health
care providers were the least common roles of respondents, making up just
four percent and three percent of the surveyed population, respectively.
Sustainable Denton Survey
Page 54
Version 2
Table 5: Role in CommunityDRAFT207
Respondents were shown six aspects of sustainability and asked to identify
their largest concern. Responses are demonstrated in Figure 3 and Table 6.
More than one-third – 37 percent – of respondents identified their greatest
concern as conservation of resources. More than one-quarter – 27 percent – of
respondents were primarily concerned with health and safety. Sixteen percent
of respondents selected access to natural spaces as their greatest concern.
Respondents who identified their largest concern as air quality and water
quality made up 11 and six percent of the surveyed population, respectively. Just
three percent of respondents stated that they are most concerned with access
to public transit.
Primary Interest in
Sustainability
Page 55
Figure 3: Primary Interest in Sustainability
Conservation of Resources
37%
Health and Safety
27%
Access to Natural Spaces
16%
Air Quality
11%
Water Quality
6%DRAFT208
Respondents were shown seven sustainability categories and asked to rank
each category in order of importance with one being the most important and
seven being the least important. The categories were taken from the STAR
Community Rating System framework for sustainability. Table 7 lists all seven
focus areas, and the number of respondents for each rank within each focus
area. A score was calculated to determine how respondents, on average,
ranked each focus area. The rankings are shown in Table 8 from most
important to least important.
Importance of Focus Areas
Page 56
Table 6: Primary Interest in Sustainability
Table 7: Ranking of Focus AreasDRAFT209
Respondents were presented with five sustainability strategies and asked
to choose the strategy they would most like to see improved in the City.
Responses are shown in Table 9. Nearly one-third of respondents – 31
percent – identified that they would like to see more availability of
recycling for businesses, apartments, and other commercial properties,
mirroring the findings from Survey 1. The next most preferred strategies for
improvement – both receiving 22% of votes – were availability of local food
and community garden access, and access to public transportation and
bike/pedestrian opportunities. Fifteen percent of respondents identified
Greenhouse gas reporting and climate adaptation planning as the strategy
they would most like to see improved. Finally, 11 percent of respondents
selected resources for energy efficiency in low income housing as the
sustainability strategy they would most prefer to be improved.
Sustainability Strategies to
be Improved
Page 57
Table 8: Ranking of Focus AreasDRAFT210
As a final survey question, respondents were asked how they thought the
City should address strategies in sustainability from a choice of three
options. Additionally, respondents were given the option of providing
their own method which was not listed as an option on the survey. As
shown in Table 10 and Figure 4, both policy change and community
programs received more than one-third – 35 percent – of the votes each.
Educational outreach was preferred by 21 percent of respondents, while
nine percent identified their own unique method for addressing
sustainability strategies. It is significant to note that the respondents were
nearly evenly split on the best approach to achieving sustainability, with a
slight preference towards policy changes and City programs.
Preferred Method for
Addressing Sustainability
Strategies
Page 58
Table 9: Perferred Sustainability StrategiesDRAFT211
Page 59
Table 10: Preferred Method for Addressing
Sustainability Strategies
Policy Changes
35%
Community Programs
35%Educational Outreach
21%
Other
9%
Figure 4: Preferred
Method for Addressing Sustainability StrategiesDRAFT212
A majority of survey respondents perceive a sustainable
community as one that is primarily focused on the well-being
of future generations while meeting current needs. One of
the ways a community can protect future generations is
through the conservation of resources, which was identified
by 37 percent of respondents as their greatest concern with
sustainability, as illustrated in Figure 3. This concern was
echoed in Version 1 of the survey when respondents were
asked which sustainability strategy they would like to see
improved over the next three years. As shown in Table 4, 28
percent of respondents identified more availability of
recycling programs as their preferred strategy. Similarly, in
Version 2 of the survey, respondents were asked which
sustainability strategy they would like to see improved.
Again, the most popular strategy – chosen by 31 percent of
respondents – was an increase in the availability of recycling
programs, as demonstrated in Table 9.
A second major theme is that respondents seem most
interested in strategies which give them more control over
their individual impact. This interest is for infrastructure to be
enhanced in ways that provide them with greater options to
reduce their own personal amount of pollution and waste, for
example, through
more public transit and, again, recycling.
In conclusion, respondents see importance in protecting the
well-being of future generations, and believe this can be
done by conserving resources and taking actions to reduce
their personal impact on the environment. Thus, respondents
place a higher value on recycling programs over other
strategies for sustainability.
Conclusion
Page 60 DRAFT213
The City of Denton would like to acknowledge all of the
support it received from the various community members
that participated in various surveys and community
meetings. We would also like to thank Brittany Lemay of the
University of North Texas for her assistance with both
Appendix a & b.
The photograph on the cover of the Simply Sustainability
Plan was taken by Candace Moon of the City of Denton.
Several of the photographs throughout the plan were
provided by Stuart Birdseye of the CIty of Denton.
Acknowledgements
Page 61 DRAFT214
Published by Sustainability, 08/19 · ADA/EOE/EDEA · TDD (800) 735-2989 · www.cityofdenton.com
DRAFT215
Comparison of Sustainability Plan Goals Initial Plan (2012) Updated Plan (2019)
Focus Area 2012 Goals 2019 Goals
Protect and restore Denton's water bodies Protect and restore Denton's water bodies
Maintain high level of drinking water quality Maintain high level of drinking water quality
Invest in sustainable stormwater, watershed infrastructure,
management, and education
Invest in sustainable stormwater, watershed infrastructure,
management, and education
Ensure wastewater is collected, treated, and discharged in
accordance with all regulatory requirements
Ensure wastewater is collected, treated, and discharged in
accordance with all regulatory requirements
Take measures to encourage reductions in per capita water
consumption
Take measures to encourage reductions in per capita water
consumption
Focus Area 2012 Goals 2019 Goals
Improve regional air quality and take actions to improve non-
attainment status
Improve regional air quality and take actions to improve non-
attainment status
Take actions to reduce air pollutant emissions, including
Greenhouse Gases (GHG) and emissions from government
operations
Take actions to reduce air pollutant emissions, including
Greenhouse Gases (GHG) and emissions from government
operations
Set reduction targets for municipal and community greenhouse
gas emissions
Complete Greenhouse Gas Contribution Analysis
Complete Assessment of climate hazards and vulnerabilities
Create a Community Resilience Plan
Focus Area 2012 Goals 2019 Goals
Invest in renewable energy generation To have under contract, by the end of 2020, sufficient renewable
energy supplies to achieve the 100% renewable energy supply
objective
Encourage energy conservation and efficiency in new and
existing homes and businesses
Encourage energy conservation and efficiency in new and existing
homes and businesses
Ensure efficient energy use in city government facilities through
demand reduction in both new construction and building
retrofits
Ensure efficient energy use in city government facilities through
demand reduction in both new construction and building retrofits
Continue to require exceptional energy efficiency building
standards for new construction
Continue to require exceptional energy efficiency building
standards for new construction
Water
Air Quality and
GHG Management
Energy Efficiency
and Conservation
Bold and italicized text indicates addition or revision in 2019 Plan 216
Focus Area 2012 Goals 2019 Goals
Promote land use and code/zoning patterns that positively
affect energy use and the environment
Promote land use and code/zoning patterns that positively affect
energy use and the environment
Preserve open space, natural areas, and tree canopy Preserve open space, natural areas, and tree canopy
Minimize water use, promote stormwater quality, and reduce
stormwater quantity through management measures
Minimize water use, promote stormwater quality, and reduce
stormwater quantity through management measures
Promote redevelopment of infill areas and brownfield sites Promote redevelopment of infill areas and brownfield sites
Improve park and open space opportunities within walking
distance of residents' homes
Partner with city departments and local organizations to
implement tree planting goals to increase canopy coverage
Focus Area 2012 Goals 2019 Goals
Expand infrastructure for non-vehicle modes of transportation Expand infrastructure for non-vehicle modes of transportation
Promote public transportation ridership and the use of fuel
efficient/alternative fuel vehicles
Promote public transportation ridership and the use of fuel
efficient/alternative fuel vehicles
Reduce environmental impacts from impervious parking
surfaces
Reduce environmental impacts from impervious parking surfaces
Clean Fleet policy goal, 25% reduction in emissions by 2025
Increase amount of multimodal trail systems
Focus Area 2012 Goals 2019 Goals
Develop and promote city government and community
sustainability programs
Develop and promote city government and community
sustainability programs to ensure community members of all
demographics have access to participate actively and effectively.
Encourage and promote citizen involvement Encourage and promote involvement of community members to
further understand the basic principles of sustainability
Increase sustainability education, awareness and personal
responsibility
Increase sustainability education, awareness, and personal
responsibility
Education,
Communication
and Community
Involvement
Land Use and
Open/Natural
Space
Transportation
Bold and italicized text indicates addition or revision in 2019 Plan 217
Focus Area 2012 Goals 2019 Goals
Reduce solid waste generation and divert waste away from
landfill disposal through increased recycling and reuse options
Reduce solid waste generation and divert waste away from landfill
disposal through increased recycling and reuse options
Leverage city government’s purchasing power to procure goods
and services that cause less harm to humans and the
environment, in accordance with procurement laws and
regulations
Leverage city government’s purchasing power to procure goods
and services that cause less harm to humans and the environment,
in accordance with procurement laws and regulations
Focus Area 2012 Goals 2019 Goals
Encourage local food production and distribution Increase consumption of fresh, locally produced, organic produce
to promote public health and to minimize resource consumption
and negative environmental impacts
Ensure that no one geographic or socioeconomic group in the city
is being unfairly impacted by environmental pollution
Develop plans and polices to ensure our community can respond
to identified risks and vulnerabilities
Focus Area 2012 Strategies 2019 Strategies
Minimize wastewater impacts on the environment Minimize wastewater impacts on the environment
Rewrite and adopt changes to the Drainage Design Criteria
Manual
Implement changes to the Drainage Design Criteria Manual
Maintain high quality drinking water Maintain high quality drinking water
Exceed minimum regulatory compliance with Texas Commission
on Environmental Quality (TCEQ) Municipal Stormwater Permit
Exceed minimum regulatory compliance with Texas Commission on
Environmental Quality (TCEQ) Municipal Stormwater Permit
Promote water conservation
Focus Area 2012 Strategies 2019 Strategies
Develop and implement a Sustainable Municipal Fleet Program Implement a Sustainable Municipal Fleet Program
Develop a Greenhouse Gas (GHG) Program for municipal
operations
Continue and expand GHG Program for municipal operations
Create and implement a Vulnerability Assessment and
Community Resilience Plan
Material
Resources
Management
Environment,
Resiliency, and
Public Health
Water
Air Quality and
Green House Gas
(GHG)
Management
Bold and italicized text indicates addition or revision in 2019 Plan 218
Focus Area 2012 Strategies 2019 Strategies
Expand commercial and industrial Energy Efficiency Program Expand commercial and industrial Energy Efficiency Program
Adopt the most current building codes in a timely manner and
continue to exceed current International Energy Conservation
Code (IECC) Minimum Requirements
Update building codes in a timely manner and continue to exceed
current International Energy Conservation Code (IECC) Minimum
Requirements
Consider developing a Sustainable Building Rating Program for
new and existing facilities, commercial and residential single
family, multi-family and neighborhood development
Building Energy Codes have significantly improved and multiple
building rating systems for residential and commercial properties
Improve the energy efficiency of existing homes and buildings Improve the energy efficiency of existing homes and buildings
Energy Efficiency
and Conservation
Bold and italicized text indicates addition or revision in 2019 Plan 219
Focus Area 2012 Strategies 2019 Strategies
Promote infill incentives Promote infill incentives
Evaluate available affordable housing programs/incentives and
implement as feasible
Evaluate available affordable housing programs/incentives and
implement as feasible
Revise and Implement Subchapter 17 of the Denton
Development Code regarding Environmentally Sensitive Areas
Revise and Implement Subchapter 17 of the Denton Development
Code regarding Environmentally Sensitive Areas
Implement code changes to ensure Landscape Requirements
are based on the concept of multiple uses (stormwater,
shading, and drought tolerance)
Implement code changes to ensure Landscape Requirements are
based on the concept of multiple uses (stormwater, shading, and
drought tolerance)
Promote mixed-use, compact development in targeted areas Promote mixed-use, compact development in targeted areas
Complete and implement the Tree Code Update and implement the Tree Code
Complete and implement Subchapter 22 and related code
changes concerning gas well drilling and regulation
Gas Well Development, monitoring and tracking of inspections
Implement Clear Creek Master Plan
Focus Area 2012 Strategies 2019 Strategies
Revise current parking standards to provide flexibility and
reduce environmental impacts.
Ensure current parking standards provide flexibility and reduce
environmental impacts
Improve and promote pedestrian opportunities Improve and promote pedestrian opportunities
Implement Bicycle Master Plan Update and implement Bicycle Master Plan
Encourage sustainable modes of transportation including
carpooling options, electric vehicle charging infrastructure, and
public transportation
Develop Electric Vehicle Strategy to address short and long term
needs as electric vehicle ownership expands
Encourage sustainable modes of transportation including
carpooling and public transportation
Transportation
Land Use and
Open/Natural
Space
Bold and italicized text indicates addition or revision in 2019 Plan 220
Focus Area 2012 Strategies 2019 Strategies
Create a Sustainability Advisory Council City Council
Create a Green Business Program to identify and recognize
sustainable businesses
Implement Green Business Program to identify and recognize
sustainable businesses
Develop a section in the Chamber of Commerce Newsletter to
highlight sustainable businesses
Recognized through Denton Green Business Program
Sustainability and Learn 2 Conserve workshops.
Develop and increase outreach material made available to the
public
Expand Denton Sustainable Schools Program
Continue to participate in sustainable community reporting and
comparison programs
Ensure equity and empowerment and promote inclusion and
access to resources
Focus Area 2012 Strategies 2019 Strategies
Promote clean-up events Promote clean-up events
Establish formal environmentally preffered purchasing policy Implement formal environmentally preferred purchasing policy.
Divert solid waste from landfill through recycling Divert solid waste from landfill through recycling
Focus Area 2012 Strategies 2019 Strategies
Encourage community gardens within city limits Encourage backyard and community gardening within city limits.
Evaluate opportunities to increase access and availability of
locally produced food including backyard urban gardens,
backyard urban chickens, and food cooperatives
Combined with above strategy
Increase number of vendors participating at Farmers Markets
and Craft Fairs in the community
Data collected from Community Market and included in annual
report
Bee City USA and Monarch City USA programs.
Complete the National Wildlife Federation's Community Wildlife
Habitat Certification
Assess and strengthen Denton's social, economic and
government resilience
Education,
Communication
and Community
Involvement
Material
Resources
Management
Environment,
Resiliency, and
Public Health
Bold and italicized text indicates addition or revision in 2019 Plan 221
Focus Area Question Clarification or Revision
Water Gray Water Systems Water Conservation, Strategy 5
Air Quality and
Greenhouse Gas
Management
Public Air Monitors
Goal 1 - Improve regional air quality
Community Level Emissions Goal 1 - Improve regional air quality, tracked/reported annualy Greenhouse Gas
Inventory
Change “set a reduction target” to a
number
Staff presented to COE in October, additional information requested in February, and
will present additional information requested in Summer 2020.
Energy Roof Top Solar Existing program reported through Key Performance Indicators (KPI)
Incorporate new building codes Goal 4 - Adoption of Building Codes
Electric Vehicle Charging Stations Included in Transportation Chapter
Using Battery Storage Can be evaluated and tracked through existing solar program KPI
Land Use
Creekside Restoration Goal 1 - Promote land use and code/zoning to positively affect environment, Goal 2 -
Preserve open space, natural area and tree canopy, and Chapter 1 Goal 3 - Invest in
sustainable stormwater, watershed infrastructure, management and education.
Tree Canopy in Single Family Zoning
Goal 2 - Preserve open space, natural area and tree canopy, Goal 6 - Partner to plant
trees/increase canopy, Strategy 4 Implement code changes to ensure landscape
requirements are based on concept of multiple uses (stormwater, shading and
drought tolerance.
Environmentally Sensitive areas Goal 2 - Preserve open space, natural area and tree canopy, Strategy 3, Subchapter
17 Environmentally Sensitive Areas
Goal Relating to increase of trails (10
min walk)
Goal 5 - Improve park and open space areas within walking distance of residents'
homes.
Focus Area Question Clarification or Revision
Transportation Volkswagen Grant Goal 3 – Implement Clean Fleet Policy
Electric Vehicle (EV) Charging Stations Goal 2- Promote use of alternative fuel vehicles (revised)
existing Current strategy - Encourage sustainable modes of transportation including
carpooling options, electric vehicle charging infrastructure, and public transportation
Revised
proposed Develop Electric Vehicle Strategy to address short and long term needs as electric
vehicle ownership expands.222
proposed Encourage sustainable modes of transportation including carpooling and public
transportation.
Education,
Communication, and
Community Involvement
Green Business Program
Goal 1 - Develop and promote sustainability programs, Strategy 3 – Implement a
Green Business Program
Rebates and Audits
Goal 1 - Develop and promote sustainability programs, Goal 3 – Increase education,
awareness, and personal responsibility
Denton Sustainable Schools
Goal 2 – Encourage and promote involvement of community members of all ages,
Strategy 5 – Expand Sustainable Schools Program
Material Resource
Management/Solid
Waste Include Solid Waste Long Range Plan
Sustainability will work with Solid Waste to incorporate recommendations identified
in the Solid Waste Management Strategy. (2020/2021 Strategy and Action item
Update)
Styrofoam reduction Styrofoam reduction will be highlighted in 2019 annual update.
Environment, Resilience,
and Public Health
Revise and Implement Pest Management Plan Goal 1 – reduce negative environmental impacts, Incorporate strategy to evaluate
implementation of Integrated Pest Management Plan
(formally Local Food)
223
RESOLUTION NO. R2012-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
ADOPTING A SUSTAINABILITY PLAN ENTITLED "SIlVIPLY SUSTAINABLE — A
STRATEGIC PLAN FOR DENTON'S FUTURE"; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, "sustainability" is key to our future, and it is generally defined as "meeting
today's needs without compromising the ability of fixture generations to meet those same needs";
and
WHEREAS, the City of Denton's vision is to be a sustainable community that will
engage our employees, businesses, institutions, organizations, and citizens in more sustainable
practices; and
WHEREAS, on this date the City Council of the City of Denton, Texas is adopting a
sustainability plan entitled "Simply Sustainable — A Strategic Plan for Denton's Future"
hereafter the "Sustainability Plan"); and
WHEREAS, the City of Denton shall work in a leadership role to improve our
community environment, and to utilize our resources in ways that are fiscally and socially
responsible; the City will endeavor to do this to protect and to restore our environment, to create
economic value, and in the interests of supporting and strengthening our cornrnunity; and
WHEREAS, sustainability strategies such as energy efficiency, improved air quality,
water conservation, watershed protection, clean energy production and the use of local and
environmentally preferable products will benefit the community as a whole; and
WHEREAS, the Denton community was involved in and was an integral part of
developing this Sustainability Plan through a number of public meetings, surveys and advisory
cornmittees, where City staff and all interested community members worked for over two (2)
years in creating this Sustainability Plan; and
WHEREAS, this Sustainability Plan is intended to be a living document that
acknowledges successes, describes ongoing programs, tracks and reports progress toward
meeting goals, outlines future initiatives, and as a whole, provides a framework for a Sustainable
Denton; and this Sustainability Plan is intended by the Council to be updated on a routine basis,
from time-to-time and will be open to public input; and
WHEREAS, the City Council fmds that this Sustainability Plan is in the best interests of
the community and its citizens, and accordingly; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
224
SECTION 1. The City Council hereby adopts the sustainability plan entitled "Simply
Sustainable — A Strategic Plan for Denton's Future," a copy of which plan is attached hereto as
Exhibit "A, and is incorporated by reference herewith.
SECTION 2. The preamble to this Resolution is hereby incorporated by reference, and
is a part of this Resolution far all purposes pertinent.
SECTION 3. This Resolution shall become effective immediately upon its passage.
PASSED AND APPROVED this the 'J day of ' s , 2012.
MARK A. B GHS, MAYOR
ATTEST:
JENN'ER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
AIVITA BURGESS, CITY ATTORNEY
By:
Page 2 225
City of Denton Sustainability
FY 18-19 Annual Report Summary and Outcomes
SUSTAINABILITY PLAN
INTERNAL SUSTAINABILITY
COMMUNITY OUTREACH AND EDUCATION
Review Sustainability Plan........................................................ Yes Yes
Senate Bill 898 energy efficiency improvement....................... 5% 3.9%
Create Internal Green Team.................................................... Yes Yes
Energy Star Portfolio Manager Updated.................................. Yes Yes
Carbon Disclosure Project reporting completed...................... Yes Yes
Carbon Disclosure Project score received............................... C C
Measurable Attendance.................. ....................................... N/A 2441
Outreach Summary
Number of Events................................................................. N/A 260
Average Event Attendance.................................................. N/A 28
COMMUNITY RESILIENCE
2018 greenhouse gas inventory and contribution analysis........ Yes Yes
Community reduction in GHG compared to 2006.................... N/A 22.25%
Begin work with ICLEI on Community Resilience........................... Yes Yes
Expected Actual
ADDITIONAL AWARDS, RECOGNITIONS,
AND ACCOMPLISHMENTS
ICLEI 5 Star Community
KTB Award (Clear Creek Natural Heritage
Center)
National League of Cities Resilient Cities
Grant Award Recipient
First Heritage Festival
First Monarch festival
First Greenhouse Gas Contribution
Analysis
Silver Clean Fleet Award
226
LEGISTAR ID: 20-521 1
Sustainability Plan Update
June 9, 2020
227
Objectives
•Provide background on 2012 Sustainability Plan Adoption and
Implementation
•Provide an overview of the Sustainability Plan update process and
Committee on the Environment feedback
•Seek direction regarding creation of Sustainability Advisory
Committee and adoption of Sustainability Plan update
LEGISTAR ID: 20-521 2 228
Simply Sustainable Plan –Background and Update
The Simply Sustainable Plan, adopted in 2012, identified Guiding Principles, Goals, and Strategies.
The Plan is and will be a living document, offering flexibility to address new opportunities and additional regulations.
Draft Plan Update provides framework to improve municipal and community Sustainability by
incorporating community and stakeholder feedback, and to continue success of the 2012 Simply
Sustainable Plan.
•Guiding Principles carried over into new plan (page 2 of Sustainability Plan, Exhibit 2)
•Expanded Goals, Strategies (Comparison, Exhibit 3)
Definition of Sustainability selected through citizen surveys in both 2012 and 2018 remained same.
Meeting today’s needs without compromising the ability of future generations to meet those same
needs
LEGISTAR ID: 20-521 3 229
Sustainability Plan -Accomplishments
•Completed writing and design of Sustainability plan update
•Created Internal Green Team
•Completed first year of Green Business Program (8 participants, 30 interested)
•Utilized Energy Star Portfolio Manager to track municipal energy usage
•Completed 2018 greenhouse gas inventory and contribution analysis
•Improved Carbon Disclosure Project (CDP) score
•Completed 260 education, outreach and volunteer events-Avg. attendance 28
LEGISTAR ID: 20-521 4 230
Sustainability Plan -Accomplishments
•Community reduction in GHG compared to 2006 -22.25%
•Began Community Resilience project with ICLEI and National League of Cities
Awards and Recognition
•Received ICLEI 5 Star Community for GHG Reporting
•KTB Award (Education opportunities at Clear Creek Natural Heritage Center)
•Received National League of Cities Resilient Cities Grant Award
LEGISTAR ID: 20-521 5 231
Simply Sustainable Plan -Update
Internal Stakeholder feedback
Review Sustainability Plan accomplishments and recommendations June 28, 2017, January 10,
2018 -32 participants
Internal Resiliency/Sustainability Kickoff, November 18, 2019 -15 participants
Community Engagement/ Feedback
Public Engagement
•Two online surveys –551 Responses (May 2, 2017-December 4, 2017, and Feb 15-April 30,
2018)
•3 Public Meetings –33 participants March 21, March 22, (gather input) and May 9, 2018,
(present feedback from first 2 meetings, and surveys to the community).
Health and Safety, and Climate and Energy ranked as highest community priorities to include in
Plan update.
LEGISTAR ID: 20-521 6 232
Simply Sustainable Plan –Overview
LEGISTAR ID: 20-521 7
A full comparison of the 2012 and 2019 Goals and Strategies is provided in
backup. (*COE recommendation)
Changes and Additions Highlights
•Continue to reduce per capita water consumption
•Review GHG Reduction scenarios and set target and timeframe
•Continue to increase Renewable Energy supply
•Improve Park and Open Space opportunities and increase tree canopy
•Support Municipal Clean Fleet policy
•Revise Denton Municipal Electric Vehicle Goals and Strategies to address
needs as electric vehicle market expands*
•Increase multimodal trail systems
233
Simply Sustainable Plan –Changes revised
(recommendations from internal, community, and COE*)
Changes and Additions Highlights cont.
•Continue to reduce per capita water consumption
•Create a Community Resiliency Plan
•Continue to evaluate and expand community sustainability programs to facilitate diverse and
equitable participation in education and outreach
•Encourage and promote community involvement to understand sustainability and resiliency
•Expand Focus Area 8 Local Food to Environment, Public Health, and Resiliency, which reflects community and stakeholder feedback and still encompasses Local Food
•Increase consumption of fresh locally grown produce, encourage gardening though education
opportunities
•Ensure equity in environmental and resilience education planning
•Develop plans and policies to ensure community can respond to identified risks and vulnerabilities.
LEGISTAR ID: 20-521 8 234
Simply Sustainable Plan –Next Steps
LEGISTAR ID: 20-521 9
•Update Greenhouse Gas Inventory and Contribution analyses
•Present scenario for GHG reductions and target setting
•Complete climate and hazard risks and vulnerabilities assessment
•Complete and present Community Resiliency and XXXX (CRAFT) Analysis
•Continue internal stakeholder meetings to ensure resiliency and sustainability are
included in new program/project development, collaborate with and support
departmental objectives.
•Participate in leadership of the Regional Integration of Sustainability Efforts (RISE)
Coalition to support sustainability and environmental initiatives in the region.
235
Simply Sustainable Plan –Next Steps
LEGISTAR ID: 20-521 10
•Review Green Business Program with participants, revise and expand participation
•Implement SB 241 energy efficiency improvement requirements
•Resolution to support 5% municipal energy reduction
•Update and adopt Municipal Energy Policy
•Expand use of Energy Star Portfolio Manager –increase reporting –
interdepartmental team
•Further improve Carbon Disclosure Project (CDP) reporting score
•Develop Community Resiliency plan –public engagement, (in person and virtual)
•Continue sustainability and resiliency education and outreach
236
Sustainability Advisory Council
In the 2012 plan a strategy was included to “Create a Sustainability Advisory Council (SAC)”,
strategy was revised to “Evaluate Opportunities for Advisory/Stakeholder Committees” in
the draft update.
The City Council Committee on the Environment has requested this item be considered by
the council.
The recommendation is to create an advisory committee to oversee the implementation of
the Sustainability Plan.
An Advisory committee could consist of 7 members (1 appointed by each City Council member)
and would meet quarterly to review and advise Sustainability plan implementation.
LEGISTAR ID: 20-521 11 237
Direction
Seeking feedback and direction for Sustainability Plan update.
Seeking direction about creation of a standing citizen Sustainability Advisory Council.
Options
Direct staff to bring forward a resolution supporting revised plan and any modifications
No action -Proceed with Sustainability programs and initiatives as outlined in the existing plan
LEGISTAR ID: 20-521 12 238
Questions?
Katherine Barnett
Sustainability Manager
Ext. 8202
Katherine.Barnett@cityofdenton.com
LEGISTAR ID: 20-521 13 239
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-732,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding DME’s proposed Electric Vehicle Charging
Infrastructure Strategy.
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Denton Municipal Electric
CFO: Antonio Puente Jr.
DATE: June 9, 2020
SUBJECT
Receive a report, hold a discussion and give staff direction regarding DME’s proposed Electric Vehicle Charging
Infrastructure Strategy
BACKGROUND
In 2013, DME installed publicly available Blink electric vehicle chargers at North Lakes Park, South Lakes Park, and
the North and South branches of Denton Public Library. Since that time, EV adoption and charger use have increased
dramatically. During the same period, the increase in the share of electricity generation from renewable sources has
heightened the environmental benefits to be seen from a transition to electric vehicles.
DISCUSSION
Many industry sources project that EVs will reach cost parity with comparable combustion engine vehicles as soon
as 2024. When that occurs, there is the possibility that EV adoption will reach a tipping point and increase
dramatically. On March 9, 2020, the Public Utilities Board received a presentation on DME’s Electric Vehicle
Charging Infrastructure Strategy to address the short-term expectations for charging services that residents have and
plan for the longer-term infrastructure impacts and strain on the distribution system that will result from increased
electrical demand as a result of electric vehicle adoption. The Public Utilities Board gave unanimous direction to
proceed as presented.
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Presentation
Respectfully submitted:
Chris Lutrick (940) 349-7152
Energy Services Executive Manager
Prepared By:
Chase Wittman (940) 349-7591
Energy Services Business Analyst
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
241
DME Electric Vehicle
Strategy
DME ENERGY SERVICES
CHRIS LUTRICK
1ID20-732 242
Sustainability
Plan -
Transportation
“Develop Electric Vehicle Strategy to address short and long
term infrastructure and charging needs as electric vehicle
ownership expands”
2ID20-732 243
Overview
•EV Strategy to address both short-term service needs as well as address long-term
infrastructure needs that will arise as EV penetration increases
•Provide public charging in a manner that recovers cost of service
•Encourage charging behavior that will not compromise the distribution grid as EV adoption
increases
•A Department of Energy study found that medium to high EV adoption has the potential to increase
electricity demand by 20-38% by 2050
•Planning is necessary to prevent this increase from occurring on peak hours, straining the electric grid
3ID20-732 244
4
Upgrade existing
chargers
1
Establish privately
owned, public
accessible Charger
Rebate Program
2
Expansion of
public-owned
charging network
3
Encourage
beneficial home
charging behaviors
4
ID20-732 245
Phase 1 –Modernize Existing Charging
Network
•Update presently utilized public chargers to modern option that allows for improved customer
interface and development of DME network
•Charging rate determined to recoup cost of capital investment and operating costs
•Possible installation of DC Fast Charger for public use along I-35 at Pockrus Page Substation
•Texas Emission Reduction Plan (TERP) grants can fund up to 50% of project cost
5ID20-732 246
Existing Charger Upgrades
•Present charger locations at North Lakes Park and North Branch Library account for
approximately 85% of public charger use
•Installation of dual-port modern Level 2 charger at each of these locations with removal of
redundant chargers estimated at approximately $15,600
•Seeking 50% funding of project through TERP Grants
•Will maintain current charge billing rate and adjust in future to recover costs based on usage
levels
•TERP Grant applications were submitted in mid-March, results are pending
6ID20-732 247
Existing Charger Locations
7
Image from Google Maps
Location # of Chargers Upgrade Cost
Estimate
Timeline
North Library 2 $3675
Q3 2020North Lakes Pk 3 $4125
South Lakes Pk 3 $4125
South Library 2 $3675
ID20-732 248
Pockrus Page Fast Charger
•TERP Grants place special emphasis on DC fast
charging infrastructure along interstate
corridors
•Location adjacent to substation provides
access to electrical infrastructure and City
property to install charger and necessary
parking
•Project cost estimate of $75,000 (50% funding
from TERP Grant if awarded)
•A decision on project will be made contingent
on grant funding
8
Image from Google Maps
ID20-732 249
Phase 2 –Establish Privately Owned, Public
Accessible Charger Rebate Program
•Plan to budget $20,000 for first year of a public EV
Charger Rebate Program
•Implement rebate of up to $2,000 for install of Level 2
chargers available to public or customer base as
complimentary charging
•Rebate funds recovered over time through electricity sales
as charger is used
•Target Date –2021/22
Public Charging Available in Denton
Type Locations
City of Denton 4
Tesla 4
Non-Tesla 3
9ID20-732 250
Deployment of Solar EV Charging
•Deployment of a mobile, solar powered EV charging station by private company scheduled for
the coming months
•Module is trailer-based to be parked in private retail lots
•Screen on the side of unit serve as a mobile advertising platform while offering complimentary
charging services
•Company plans to deploy several hundred units in DFW this year. We are cooperating with them
to ensure Denton rollout goes smoothly to offer this service to our customers
ID20-732 10 251
Phase 3 –Expansion of Public Charging
Network
•Strategic expansion of charging network to public spaces not well suited to private development
of charging infrastructure
•Public parking lots in the Downtown Area
•Neighborhood parks in areas of Denton with high renter populations
•Future grant funding opportunities will be leveraged to expand public network
•Target Date –2022/23
11ID20-732 252
Preparing City Facilities to Accommodate
EV Charging
•City facilities that undergo construction or significant renovation will be evaluated for the
suitability of installing charging infrastructure
•Electrical infrastructure will be designed to meet the electrical demand needs of an electrified
City fleet
•Existing facilities serviced by overhead distribution lines can typically be made EV-ready for
approximately $5,000
•Areas serviced by underground lines evaluated on a case-by-case basis
ID20-732 12 253
Phase 4 –Encourage Beneficial Home
Charging
•80-90% of EV charging occurs at home
•Without incentives otherwise, many drivers plug in their car upon return from work. At modest
levels of EV adoption this can result in significant strain to the distribution system.
•Many methods to promote behavior that does not compromise the grid are being tested in the
industry. As EV adoption increases, we will make preparations to implement a system that meets
the needs of Denton’s residents while protecting the reliability of the electric grid.
•Possible solutions include time-of-use charging rates or incentive programs to engage in off-
peak charging
•Customer survey (2020) to gauge and monitor community interest in EVs
•Target Date –2023 & Beyond
13ID20-732 254
Summary
Address short term needs first –replace existing
chargers with modern platform. Improve ease of use
for residents and gather data necessary to make
informed decisions and implement future stages of
strategy
In medium term, improve access to charging
infrastructure through public investment and
partnership with businesses
As EV adoption increases, the long-term needs for
managing the distribution impacts will be evident.
Strategies for mitigating those risks will be better
developed and tested so that the best solution for
Denton can be enacted
14ID20-732 255
15
Questions?
ID20-732 256
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1054,Version:1
AGENDA CAPTION
Consultation with Attorneys - Under Texas Government Code Section 551.071.
Consult with the City’s attorneys on the legal status,expenses,strategy and options for resolution of litigation
in Cause No.DC-17-08139,styled “Michael Grim and Jim Maynard v.City of Denton,Texas”pending in the
68th Judicial District Court,Dallas County,Texas;where public discussion of these legal matters would conflict
with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas,or otherwise compromise the City’s legal
position in pending litigation.
City of Denton Printed on 6/5/2020Page 1 of 1
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1099,Version:1
AGENDA CAPTION
Deliberate regarding Real Property -Under Texas Government Code Section 551.072;Consultation with
Attorneys - Under Texas Government Code Section 551.071.
Discuss,deliberate,receive information from staff,and provide staff with direction pertaining to the potential
purchase of real property located southeast of the corner of Thomas J.Egan Rd.and Jim Christal Rd.in Denton,
Denton County,Texas (“Property”),where the deliberation of same in an open meeting would have a
detrimental effect on the position of the governmental body in negotiations with a third person or potential
litigation.Consultation with the City’s attorneys regarding legal issues associated with potential claims against
the City associated with the Property,where a public discussion of these legal matters would conflict with the
duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas,or would jeopardize the City’s legal position in
negotiations or potential litigation.
City of Denton Printed on 6/5/2020Page 1 of 1
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-956,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City Council of the City of Denton,a Texas Home-Rule Municipal
Corporation,authorizing the City Manager,or his designee,to execute an indemnity escrow agreement among
and between the Texas Municipal Power Agency,a Texas joint powers agency,and the cities of Bryan,Texas,
Denton,Texas,Garland,Texas,and Greenville,Texas,regarding the establishment of an escrow to fund
TMPA’s indemnity obligations pursuant to the Joint Operating Agreement between the cities and TMPA;and,
providing and effective date.
City of Denton Printed on 6/5/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Denton Municipal Electric
CFO: Antonio Puente, Jr.
DATE: June 9, 2020
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, a Texas Home-Rule Municipal
Corporation, authorizing the City Manager, or his designee, to execute an indemnity escrow agreement
among and between the Texas Municipal Power Agency, a Texas joint powers agency, and the cities of
Bryan, Texas, Denton, Texas, Garland, Texas, and Greenville, Texas, regarding the establishment of an
escrow to fund TMPA’s indemnity obligations pursuant to the Joint Operating Agreement between the
cities and TMPA; and, providing and effective date.
BACKGROUND
The City of Denton, Texas is a member city of Texas Municipal Power Agency ("TMPA"), a Joint Powers
Agency; and TMPA consists of four cities, being the Cities of Bryan, Texas, Denton, Texas, Garland,
Texas, and Greenville, Texas.
TMPA and the Cities have entered into a Joint Operating Agreement providing for the mutual rights and
responsibilities of the parties as to the operations of the Agency, including asset management,
decommissioning, environmental remediation, indemnities, and the winding up of affairs of the Agency
upon dissolution, as necessary and appropriate consistent with Tex. Util. Code Chapter 163, Subchapter
C-1.
The Joint Operating Agreement provides for the TMPA to establish an indemnity escrow to provide for
self-insurance and cover its indemnity and defense obligations to the Cities and Participating Public Entities
under Section 6.3 of the Joint Operating Agreement; The Indemnity Escrow Agreement introduced here,
addresses the governance of TMPA’s indemnity obligations under Section 6.3 of the Joint Operating
Agreement.
The Indemnity Escrow Agreement provides for general conduct, duties, and obligations between TMPA
and the Escrow Agent including but not limited to deposits, disbursements, notices, claims handling,
investments of funds, and disputes.
PRIOR ACTION
This Indemnity Escrow Agreement ordinance was presented to the Public Utility Board on June 8, 2020.
The PUB recommended that the City council adoption of the ordinance by a vote of ____ to _____.
RECOMMENDATION
DME requests that the PUB recommend adoption of an ordinance authorizing the City Manager to execute
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
260
the Indemnity Escrow Agreement between the City of Denton, the Cities, and TMPA, in substantial
conformity with the attached document of an Ordinance by the City Council adopting the TMPA Indemnity
Escrow Agreement.
EXHIBIT(S)
1. Agenda Information Sheet
2. Ordinance (w/agreement attached)
Respectfully submitted:
Smith Day
Manager, Regulatory & Risk Div.
261
262
263
EXHIBIT “A”
264
INDEMNITY ESCROW AGREEMENT
THIS INDEMNITY ESCROW AGREEMENT (this “Agreement”), dated as of October 1, 2019
(the “Effective Date”), is made and entered into between the Texas Municipal Power Agency (“TMPA”),
a municipal corporation and political subdivision of the State of Texas established pursuant to the
provisions of Chapter 163 of the Texas Utilities Code, the City of Bryan, the City of Denton, the City of
Garland, and the City of Greenville, Texas each of which cities is a municipal corporation of the State of
Texas and a home rule city (herein collectively “Participating Public Entities” or “Cities” or individually
“Participating Public Entity” or “City”) and UMB Bank, n.a., a national banking association, as escrow
agent (the “Escrow Agent”).
RECITALS
A. TMPA and the Cities have entered into a Joint Operating Agreement to address operations
of the TMPA in matters other than the purchase of Power and Energy and to provide for the mutual rights
and responsibilities of the Parties as to the operations of the Agency, including asset management,
decommissioning, environmental remediation, indemnities, and the winding up of affairs of the Agency
upon dissolution, as necessary and appropriate and consistent with Tex. Util. Code Chapter 163, Subchapter
C-1(“Joint Operating Agreement”);
B. The Joint Operating Agreement provides for the TMPA to establish an indemnity escrow to
provide for self-insurance and cover its indemnity and defense obligations to the Cities and Participating
Public Entities under Section 6.3 of the Joint Operating Agreement;
C. The Joint Operating Agreement provides for the creation of an Indemnity Escrow
Agreement to fund TMPA’s indemnity obligations under Section 6.3 of the Joint Operating Agreement.
AGREEMENT
In consideration of the foregoing Recitals, the mutual covenants set forth in this Agreement and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Cities, TMPA and the Escrow Agent agree as follows.
ARTICLE 1.
DEFINITIONS
1.1 Defined Terms. Capitalized terms not otherwise defined in this Agreement shall have the
meanings given to them as follows:
“Agreement” shall mean this Indemnity Escrow Agreement and the schedule referred to herein
and attached hereto.
“Dispute Period” shall have the meaning given such term in Section 3.1.2
265
2
“Disputed Indemnity Claim” shall have the meaning given such term in Section 3.1.2
“Effective Date” shall have the meaning given such term in the Preamble to this Agreement.
“Escrow Account” shall have the meaning given such term in Section 2.2.
“Escrow Agent” shall have the meaning given such term in the Preamble to this Agreement.
“Final Order” shall have the meaning given such term in Section 3.1.4.
“Indemnity Claim” shall mean a claim by TMPA for reimbursement of insurance premiums as
permitted by Sections 6.4, 6.5 and 6.6 of the Joint Operating Agreement, defense costs arising from
TMPA’s obligations under 6.3.1 of the Joint Operating Agreement, or indemnification costs arising from
its obligations under 6.3.1 of the Joint Operating Agreement, or, any claims, liabilities, costs, losses,
damages, expenses (including reasonable attorney and expert fees) asserted by any private persons or
government authorities, and/or penalties or fines imposed by government authorities, both state and federal,
in any legal or regulatory action or proceeding brought by any such private persons or government authority
against any one or all of the past, present and future Participating Public Entities or Participating Public
Entity Indemnitees for any and all environmental damage or environmental claim of any kind arising in
any way from the operations of the Agency alleged to have caused damage to the Agency property,
surrounding property owned by unaffiliated third parties, ground water, soil, air, or any other environmental
injury of any kind, along with injury to or the death of any person.
“Joint Notice” shall mean a writing directed to the Escrow Agent signed by all of the Participating
Public Entities or their duly authorized representatives.
“Joint Operating Agreement” shall have the meaning given such term in the Recitals to this
Agreement.
“Laws” means any and all laws (including all statutory enactments and common law), ordinances,
constitutions, regulations, treaties, rules, codes, standards, requirements, policies, guidelines, protocols,
judgments, awards, decisions, directives, consent decrees, injunctions (whether temporary, preliminary or
permanent), rulings, writs or orders adopted, enacted, implemented, promulgated, issued, entered or
deemed applicable by or under the authority of any Governmental Authority and any interpretations thereof
by any Governmental Authority.
“Participating Public Entity” shall mean each City.
“Participating Public Entity’s Indemnitee” shall mean each past, present and future Participating
Public Entity, collectively and individually, and its respective past, present and future council members,
appointees to the TMPA Board of Directors, utility directors, utility companies or entities, employees,
agents, contractors, subcontractors, invitees, representatives and permitted assigns, as defined in Section
6.3 of the Joint Operating Agreement.
“Party” means any of TMPA, the Participating Public Entities, or the Escrow Agent and
“Parties” means the Participating Public Entities, TMPA and the Escrow Agent, collectively.
266
3
“Person” means any individual, corporation, partnership, limited liability company, association,
joint stock company, trust, unincorporated organization, joint venture, Home Rule Municipal Corporation,
Governmental Authority or other entity with legal constitution under applicable Law.
“PUCT” shall mean the Public Utility Commission of Texas or any successor thereto.
“Submission Notice” shall have the meaning given such term in Section 3.1.1.
“TMPA” shall have the meaning given such term in the Preamble to this Agreement.
1.2 Construction. All article, section, subsection, paragraph, clause, schedule and exhibit references
herein are to this Agreement unless otherwise specified. All schedules attached to this Agreement
constitute a part of this Agreement and are incorporated herein. Unless the context of this
Agreement clearly requires otherwise, (i) the singular shall include the plural and the plural shall
include the singular wherever and as often as may be appropriate; (ii) the words “includes” or
“including” shall mean “including without limitation;” and (iii) the words “hereof,” “herein,”
“hereunder,” and similar terms in this Agreement shall refer to this Agreement as a whole and not
any particular section or article in which such words appear.
ARTICLE 2.
ESCROW ACCOUNT
2.1 Appointment of Escrow Agent. The Parties hereby jointly appoint the Escrow Agent to act as
escrow agent in accordance with the express terms and conditions set forth herein, and the Escrow
Agent hereby accepts such appointment.
2.2 Establishment of Escrow Account. The Escrow Agent hereby agrees to establish and maintain
an account (the “Escrow Account”) to hold all monies deposited with the Escrow Agent pursuant
to this Agreement and all interest, dividends and other distributions and payments earned thereon
or received by the Escrow Agent with respect thereto from time to time.
2.3 Deposits into Escrow Account.
2.3.1 TMPA shall pay to the Escrow Agent for deposit into the Escrow Account the amounts
identified in Section 6.5 of the Joint Operating Agreement.
2.3.2 TMPA shall pay any amounts required by Section 6.5 of the Joint Operating Agreement to
the Escrow Agent via wire transfer of immediately available funds to the Escrow Account
no less than five (5) days after those funds are: (i) received from the sale of Mining Assets,
or (ii) as those funds are received from the sale or operation of Transmission or Generation
Assets and required to be placed in the Indemnity Escrow, as described in Sections 3.2.3(4),
4.2, 4.6(3) and 5.4(4) of the Joint Operating Agreement. Upon receipt of any funds from
TMPA for deposit into the Escrow Account, the obligations of the Parties hereunder shall
commence.
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2.4 Investment of Amounts Held in Escrow Account. All amounts held in the Escrow Account from
time to time shall be invested as directed in writing from time to time by TMPA or, if TMPA has
not made any direction, in the Fidelity Investments Money Market Fund Government Portfolio
Class 1. TMPA agrees to direct all investments consistent with TMPA’s Investment Policy adopted
under the Public Funds Investment Act. The parties hereto acknowledge that the Escrow Agent
does not have a duty nor will it undertake any duty to provide investment advice and may rely
conclusively upon the written investment direction of TMPA. The Escrow Agent shall liquidate
any investments in the Escrow Account as necessary to provide funds in order to make any
payments required by this Agreement. Annually, and quarterly, the Escrow Agent shall report to
TMPA and the Participating Pubic Entities, the balances in the Account, the investments held by
the Account, any claims against the account for the period, and all interest, dividends, income
and/or losses associated with the Escrow Account. Income, if any, resulting from the investment
of the funds in the Escrow Account shall be retained in the Escrow Account by the Escrow Agent
and shall be considered, for all purposes of this Agreement, to be part of the funds in the Escrow
Account
ARTICLE 3.
DISBURSEMENTS
3.1 Disbursement for Indemnity Funds.
3.1.1 Notice Required for Indemnity Claim. TMPA, a Participating Public Entity or Participating
Public Entity Indemnitee who is obligated to pay an Indemnity Claim shall give notice to
all Participating Public Entities and the Escrow Agent of an Indemnity Claim (a
“Submission Notice”). TMPA may give notice to the Escrow Agent for the cost of
insurance premiums as permitted by Sections 6.4, 6.5 and 6.6 of the Joint Operating
Agreement (“Insurance Premium Submission Notice”).
3.1.2 Objection. Any Participating Public Entity may dispute an Indemnity Claim or Insurance
Premium Submission Notice by giving notice of such dispute to the Escrow Agent, the
Participating Public Entities and TMPA within thirty (30) days (the “Dispute Period”) after
receipt of a Submission Notice or Insurance Premium Submission Notice with respect to
such Indemnity Claim specifying the amount of such Indemnity Claim or Insurance
Premium Submission Notice being disputed by the Party (the “Disputed Indemnity
Claim”).
3.1.3 Payment. Following the Dispute Period, and no later than fifteen (15) days after the end of
the Dispute Period, the Escrow Agent shall pay to the Party filing a Submission Notice the
amount of the Indemnity Claim less the Disputed Indemnity Claim to the extent that
amounts are then available in the Escrow Account; and
3.1.4 Effect of Objection and Resolution. The Escrow Agent shall not distribute the Disputed
Indemnity Claim until the Escrow Agent receives (a) a final non-appealable award of an
Arbitrator or final non-appealable order of a court of competent jurisdiction (a “Final
Order”) together with a certificate of the presenting Party certifying that such award or
order constitute a Final Order (upon which the Escrow Agent may conclusively rely), or (b)
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a Joint Notice, in each case specifying the portion, if any, of the Disputed Indemnity Claim
to which the Party filing the Indemnity Claim is entitled, whereupon the Escrow Agent shall
distribute to the Party filing the Indemnity Claim the amount of the Disputed Indemnity
Claim to which it is entitled pursuant to the Final Order or Joint Notice to the extent that
amounts are then available in the Escrow Account and the remaining Disputed Indemnity
Claim which is the subject of such Final Order or Joint Notice shall cease to be a Disputed
Indemnity Claim with the same effect as if such Disputed Indemnity Claim had never been
submitted.
3.2 Disbursement in Accordance with Joint Notice. As permitted by Section 6.5 of the Joint
Operating Agreement, the Escrow Agent shall distribute all or a portion of the amount then held in
the Escrow Account in accordance with a Joint Notice received by the Escrow Agent.
3.3 Payment of Disbursements. The Escrow Agent shall make all payments to the Party entitled to
disbursements under this Agreement via wire transfer of immediately available funds to an account
or accounts designated in writing by the Party, no less than five (5) days prior to the due date of
such payment; provided, if the Party entitled to disbursements under this Agreement has not timely
provided such account designation the Escrow Agent shall make such payment as soon as
practicable after receiving such account designation (but not earlier than the original due date of
such payment).
3.4 Disbursements only from Escrow Account. Notwithstanding anything in this Agreement to the
contrary, the Escrow Agent shall be only required to make, from time-to-time, disbursements of the
Escrow Account according to the terms set forth herein to the extent of the Escrow Account.
3.5 Disputes. In the event any dispute that may arise under this Agreement with respect to disbursement
of all or a portion of the amounts in the Escrow Account, the duties of the Escrow Agent hereunder,
any other questions arising under this Agreement or in the event adverse claims and demands are
made in connection with the funds in the Escrow Account, the Escrow Agent shall be entitled to
refuse to comply with any demand or claim and to refuse to disburse the disputed funds or take any
other action as long as such disagreement or question shall continue, and in so refusing to make
any delivery of funds in the Escrow Account, the Escrow Agent shall not be or become liable to the
undersigned or to any person named in such instructions, and the Escrow Agent shall be entitled to
refuse and refrain to act until: (a) the rights of the adverse claimants shall have been fully and
finally adjudicated by a Final Order, or (b) all differences shall have been adjusted by agreement
and the Escrow Agent shall have been notified thereof in writing by a Joint Notice. The Escrow
Agent shall be under no duty to institute or defend any proceeding relating to any such dispute and
none of the costs and expenses of any such proceeding shall be borne by the Escrow Agent, but to
the extent the Escrow Agent incurs fees or expenses in connection therewith, such fees and expenses
may be paid from readily available funds in the Escrow Account.
ARTICLE 4.
THE ESCROW AGENT
4.1 Duties of the Escrow Agent. The Escrow Agent shall not have any duties or responsibilities under
this Agreement other than those specifically set forth herein and shall act only in accordance with
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the provisions hereof. The permissive right or power to take any action shall not be construed as a
duty to take action under any circumstances. Without limiting the generality of the foregoing, the
Escrow Agent shall not have any duty or responsibility: (i) to enforce or cause to be enforced any
of the terms and conditions of any other agreements of TMPA or the Participating Public Entities
other than this Agreement; (ii) to verify the accuracy or sufficiency of any notice or other document
received by it in connection with this Agreement; or (iii) to risk its own funds in the administration
of the Escrow Account. The Escrow Agent may rely upon, and shall be protected in acting or
refraining from acting upon, any written notice, instruction or request furnished to it hereunder and
reasonably believed by it to be genuine and to have been signed or presented by the proper Party or
Parties. The Escrow Agent shall not be required to take notice of any default or other fact or event
unless specifically notified thereof in the manner provided in this Agreement.
4.2 Liabilities of the Escrow Agent. The Escrow Agent shall not be liable to TMPA, the Cities or any
other person or entity for any loss, liability or expense resulting from or arising out of any act or
failure to act of the Escrow Agent in connection with this Agreement, other than a loss, liability or
expense due to the negligence, gross negligence, or willful misconduct on the part of the Escrow
Agent. Without limiting the foregoing, the Escrow Agent shall not be liable for any error of
judgment by it in good faith and reasonably believed by it to be authorized or within the rights or
powers conferred upon it by this Agreement. The Escrow Agent may consult with counsel of its
own choice whenever the Escrow Agent deems appropriate, and shall have full and complete
authorization and protection for any action reasonably taken or suffered by it hereunder in good
faith in accordance with the advice or opinion of such counsel. In the event that the Escrow Agent
shall become involved in any arbitration or litigation relating to the amounts in the Escrow Account,
the Escrow Agent is authorized to comply with any decision reached through such arbitration or
litigation.
4.3 Indemnification of the Escrow Agent. Each Participating Public Entity and TMPA hereby agree
to indemnify the Escrow Agent and hold it harmless from and against any and all claims, liabilities,
damages, costs, penalties, losses, actions, suits or proceedings at law or in equity, or any other
expenses, fees or charges of any character or nature, which the Escrow Agent may incur or with
which it may be threatened, directly or indirectly, arising from or in any way connected with this
Agreement or which may result from the Escrow Agent’s following of instructions from the
Participating Public Entities or TMPA in accordance with this Agreement, and in connection
therewith, to indemnify the Escrow Agent against any and all expenses, including reasonable
attorneys’ fees and the cost of defending any action, suit or proceeding or resisting any claim,
whether or not litigation is instituted, but nothing herein shall be construed to obligate TMPA or
the Participating Public Entities to so indemnify the Escrow Agent to the extent that it is determined
that the Escrow Agent has acted in a grossly negligent manner or with willful misconduct. The
provisions of this Section 4.3 shall survive the termination of this Agreement.
4.4 Resignation of the Escrow Agent. The Escrow Agent may resign at any time by giving not less
than thirty (30) days written notice of such resignation to TMPA and the Participating Public
Entities. Thereafter, the Escrow Agent shall have no further obligation hereunder except to hold
the Escrow Account as depositary and to continue to pay the interest or other amounts thereon as
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provided herein. In such event the Escrow Agent shall not take any action until TMPA and the
Participating Public Entities have jointly appointed a successor escrow agent. Upon receipt of
written instructions to such effect, the resigning Escrow Agent shall promptly deliver all amounts
in the Escrow Account to such successor escrow agent and shall thereafter have no further
obligations hereunder. Further, if no such successor Escrow Agent has been designated by such
date, the resigning or removed Escrow Agent may petition any court of competent jurisdiction for
the appointment of a successor agent; further the resigning or removed Escrow Agent may pay into
court all monies and property deposited with Escrow Agent under this Agreement.
4.5 Appointment of Successor Escrow Agent. TMPA and the Participating Public Entities together
may terminate the appointment of the Escrow Agent hereunder by giving a joint written notice
specifying the date upon which such termination shall take effect. In the event of such termination,
TMPA and the Participating Public Entities shall within thirty (30) days of such notice jointly
appoint a successor escrow agent, and the Escrow Agent shall deliver all amounts in the Escrow
Account to such successor escrow agent.
4.6 Fees and Expenses of the Escrow Agent. The fees for the ordinary services of the Escrow Agent
as set forth on Exhibit A to this Agreement for the services to be rendered by the Escrow Agent
hereunder shall be satisfied from amounts held in the Escrow Account without further authorization
from the Participating Public Entities or TMPA. Additionally, should the Escrow Agent be required
to perform services not contemplated by the express provisions of this Agreement, Escrow Agent
is entitled to fees for extraordinary services and reimbursement of any out of pocket and
extraordinary costs and expenses, including, but not limited to, reasonable attorneys' fees. The
Escrow Agent is hereby authorized to withdraw from the Escrow Account amounts payable to it
for such fees and expenses. At any time, to the extent the amounts in the Escrow Account are
insufficient to pay the fees and expenses of the Escrow Agent, the Escrow Agent's compensation,
costs and expenses shall be paid by TMPA.
4.7 Additional Agreements Relating to the Escrow Agent.
4.7.1 The Escrow Agent shall not be required to give any bond or surety or report to any court
despite any statute, custom or rule to the contrary.
4.7.2 The Escrow Agent may execute any of the duties under this Agreement by or through agents
or receivers.
4.7.3 The Escrow Agent shall not be required to institute legal proceedings of any kind.
4.7.4 Pursuant to Chapter 2270, Texas Government Code (which, effective on September 1, 2019,
is re-numbered as Chapter 2271, Texas Government Code), the Escrow Agent verifies that
it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if
any, do not Boycott Israel, and will not Boycott Israel during the term of this Agreement.
For purposes of this Subsection, “Boycott Israel” shall have the meaning given such term
in Section 808.001, Texas Government Code. Escrow Agent understands “affiliate” for this
Subsection to mean an entity that controls, is controlled by, or is under common control
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with Escrow Agent and exists to make a profit. The Escrow Agent makes no other
representation beyond its due authorization and execution of this Agreement.
4.7.5 The Escrow Agent is under no obligation to disburse amounts held in the Escrow Account
upon the instructions of any Governmental Authority (other than a court of competent
jurisdiction).
4.7.6 The Escrow Agent’s obligations with respect to the Escrow Account and amounts held
therein are governed solely by this Agreement.
ARTICLE 5.
MISCELLANEOUS
5.1 Termination; Waiver and Amendment. This Agreement shall terminate (i) upon the written
agreement of TMPA and the Participating Public Entities, or (ii) automatically upon the distribution
of all amounts in the Escrow Account; provided, Sections 4.2 and 4.3 shall survive the termination
of this Agreement. Any provision of this Agreement may be waived only in writing at any time by
the Party that is entitled to the benefits thereof. This Agreement may not be amended or
supplemented at any time, except by an instrument in writing signed on behalf of each Party hereto.
The waiver by any Party hereto of any breach of a provision of this Agreement shall not operate or
be construed as a waiver of any subsequent breach.
5.2 Assignment. This Agreement shall not be assignable, whether by operation of law or otherwise,
by any Party without the prior written consent of the Participating Public Entities and TMPA, and
any purported assignment in violation of this provision shall be void ab initio.
5.3 Notices. All notices, requests, demands, claims and other communications that are required to be
or may be given under this Agreement must be in writing and shall be deemed to have been duly
given when received if (i) delivered in person or by courier; (ii) sent by telecopy or facsimile
transmission; (iii) sent by recognized overnight delivery service, or (iv) mailed, by registered or
certified mail, postage prepaid return receipt requested, to the intended recipient at following
addresses:
if to the Participating Public Entities:
City of Bryan
300 S. Texas Avenue
Bryan, Texas 77803-3937
979-209-5100
Attention: City Manager
City of Greenville
2821 Washington St.
Greenville, Texas 75401
903-457-3116
Attention: City Manager
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with a copy to:
GEUS
6000 Joe Ramsey Blvd,
Greenville, Texas 75402
Attention: General Manager
City of Denton
215 E. McKinney St.
Denton, Texas 76201-4229
940-349-8307
Attention: City Manager
City of Garland
200 N 5th
Garland, Texas 75040-6314
972-205-2000
Attention: City Manager
if to TMPA:
Texas Municipal Power Agency
12824 FM 244
Anderson, Texas 77830
979-209-5100
Attention: General Manager
if to the Escrow Agent:
UMB Bank, n.a.
5910 North Central Expressway, Suite 1900
Dallas, Texas 75206
Attn: Corporate Trust
Fax: (214) 389-5949
or to such other address as any Party shall have furnished to the other by notice given in accordance
with this Section 5.3. Such notices shall be effective upon actual receipt at the addresses above.
Notices required to be given by the Participating Public Entities shall be effective upon receipt of
either (i) a single notice signed by the director of the utility of each Participating Public Entity or
(ii) separate notices signed by the director of the utility of each Participating Public Entity.
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5.4 Governing Law; Venue. This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas, excluding any conflict of law rules that may direct the application
of the laws of another jurisdiction. The exclusive venue for the adjudication of any dispute or
proceeding arising out of this Agreement or the performance hereof shall be the courts located in
McLennan County, Texas, and the Parties hereto consent to and hereby submit to the jurisdiction
of any court located in McLennan County, Texas.
5.5 Severability. If any term, provision, covenant or restriction of this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms,
provisions, covenants and restrictions of this Agreement shall continue in full force and effect and
shall in no way be affected, impaired or invalidated unless such an interpretation would materially
alter the rights and privileges of any party or materially alter the terms of the transactions
contemplated hereby.
5.6 Counterparts. This Agreement may be executed in counterparts, each of which shall be an
original, but all of which together shall constitute one and the same agreement. The parties hereto
agree the transactions described herein may be conducted and related documents may be sent,
received and stored by electronic means.
5.7 No Third Party Beneficiaries. Neither this Agreement nor any document delivered in connection
with this Agreement confers upon any Person not a Party any rights or remedies hereunder.
5.8 Entire Agreement. This Agreement constitutes the entire agreement and supersedes all other prior
agreements and understandings, both oral and written, among the Parties with respect to the subject
matter hereof. No representation, promise, inducement or statement of intention has been made by
any Party which is not embodied in or superseded by this Agreement, and no Party shall be bound
by or liable for any alleged representation, promise, inducement on statement of intention not so
set forth.
5.9 Joint Effort. The Parties have participated jointly in the negotiation and drafting of this
Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement
shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall
arise favoring or disfavoring any Party by virtue of the authorship of any provisions of this
Agreement.
5.10 Taxes and Regulatory Compliance. TMPA shall be treated as the owner of the funds in the
Escrow Account for federal and state income tax purposes and will report all income, if any, that is
earned on, or derived from, the funds in the Escrow Account as its income, in such proportions, in
the taxable year or years in which such income is properly includible and pay any taxes attributable
there. Upon request, TMPA and Participating Public Entities agree to provide the Escrow Agent
completed Forms W-9 (or Forms W-8, in the case of non-U.S. persons) and other forms and
documents that the Escrow Agent may reasonably request (collectively, "Tax Reporting
Documentation") at the time of execution of this Agreement and any information reasonably
requested by the Escrow Agent to comply with the USA Patriot Act of 2001, as amended from time
to time and the Bank Secrecy Act, as amended from time to time. The Parties hereto understand
that if such Tax Reporting Documentation is not so certified to the Escrow Agent, the Escrow Agent
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may be required by the Internal Revenue Code, as it may be amended from time to time, to withhold
a portion of any interest or other income earned on the investment of monies or other property held
by the Escrow Agent pursuant to this Escrow Agreement.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on its
behalf by its officer thereunto duly authorized, all as of the Effective Date.
TEXAS MUNICIPAL POWER AGENCY
By: ______________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
Attest: ____________________________
Approved as to form: __________________
Counsel for Texas Municipal Power Agency
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CITY OF BRYAN, TEXAS
By: _____________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________
Attest: ___________________________
Approved as to form: _______________
Counsel for the City of Bryan, Texas
CITY OF DENTON, TEXAS
By: ______________________________
Name: _________________________
Title: __________________________
Date: ____________________________
Attest: ____________________________
Approved as to form: __________________
Counsel for the City of Denton, Texas
CITY OF GARLAND, TEXAS
By: ______________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
Attest: _______________________________
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CITY OF GREENVILLE, TEXAS
By: ______________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
Attest: _____________________________
GEUS, acting on behalf of the City of Greenville
pursuant to its Charter
By: ____________________________
Name: _________________________
Title: Chair of the Board of Trustees of the Electric
Utility Board
Date: __________________________
Attest: _________________________
UMB Bank, n. a., as Escrow Agent
By: _______________________________
Name:
Title:
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EXHIBIT A
Fee Schedule
Acceptance Fee: $500.00
Annual Escrow Account Setup/Administration Fee: $500.00
For ordinary administrative services by Escrow Agent – includes daily routine account management; cash
transaction processing (including wire and check processing); disbursement of funds in accordance with
the agreement; and online access to trust account statements. This fee is payable in advance, with the first
installment due at the time of Escrow Agreement funding/execution.
Charges for performing extraordinary or other services not contemplated at the time of the execution of the
transaction or not specifically covered elsewhere in this schedule will be determined by appraisal in the
amounts commensurate with the service provided. Services not included in this Fee Schedule, but deemed
necessary or desirable by you, may be subject to additional charges based on a mutually agreed upon fee
schedule. Our proposal is subject in all aspects to review and acceptance of the final financing documents
which sets forth our duties and responsibilities.
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1004,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 a Modification and Termination of an Interlocal Contract and Memorandum of
Agreement with the City of Corinth,under the Government Code,Chapter 791.001,related to the use of City of
Denton’s server,hardware,hosting and associated services;and declaring an effective date (File 3839 -
terminate an Interlocal Cooperative Purchasing Agreement with the City of Corinth).
City of Denton Printed on 6/5/2020Page 1 of 1
powered by Legistar™279
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: June 9, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a Modification and Termination of an Interlocal Contract and
Memorandum of Agreement with the City of Corinth, under the Government Code, Chapter 791.001,
related to the use of City of Denton’s server, hardware, hosting and associated services; and declaring an
effective date (File 3839 – terminate an Interlocal Cooperative Purchasing Agreement with the City of
Corinth).
INFORMATION/BACKGROUND
Since September 17, 2013, the City of Denton has provided the City of Corinth with Windows servers,
hardware, disk storage, replication of data between two geographic sites, data backup and retention and
associated professional services. The City of Corinth has recently opened a new facility and no longer needs
these services. Staff would like to waive the requirement of at least nine months’ notice of termination prior
to termination of the Agreement, as this timeframe will still allow Denton to capture back the needed storage
and give the City of Corinth time to decommission their servers.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On September 17, 2013, City Council approved the Interlocal Agreement with the City of Corinth
(Ordinance 2013-259).
RECOMMENDATION
Staff recommends termination of the Interlocal Agreement with the City of Corinth.
ESTIMATED SCHEDULE OF PROJECT
All City of Corinth Microsoft Windows servers and associated services must be decommissioned by
September 30, 2020.
FISCAL INFORMATION
City of Corinth paid through FY19/20 for associated services.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
280
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance and Termination Letter
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Melissa Kraft, 940-349-7823.
Legal point of contact: Mack Reinwand at 940-349-8333.
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1005,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,approving
proposals from MAK Repair and Construction,LLC,and authorizing the expenditure of funds for the
reconstruction of three (3)properties under the City of Denton Home Improvement Program;providing for the
expenditure of funds therefor;and providing an effective date (RFP 7325 -MAK Repair and Construction,
LLC, in the not-to-exceed amount of $468,765).
City of Denton Printed on 6/5/2020Page 1 of 1
powered by Legistar™293
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: June 9, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
approving proposals from MAK Repair and Construction, LLC, and authorizing the expenditure of funds
for the reconstruction of three (3) properties under the City of Denton Home Improvement Program;
providing for the expenditure of funds therefor; and providing an effective date (RFP 7325 – MAK Repair
and Construction, LLC, in the not-to-exceed amount of $468,765).
RFP INFORMATION /BACKGROUND
Home Improvement Program (HIP)
Each year the Community Development Division brings to the City Council the City of Denton Action Plan
for Housing and Community Development. The action plan pertains to the Community Development Block
Grant (CDBG) and the Home Investment Partnership Program (HOME) grant funding. Funding is allocated
to the Home Improvement Program (HIP) and reviewed by City Council annually. The HIP funds assist
low and moderate-income families to maintain safe, stable, and affordable housing. Additional funding
sources may include program income and owner-provided personal funds. HIP assists homeowners that
are in need of major home repairs through rehabilitation or reconstruction. Assistance is in the form of
payable over ten years or a forgivable loan. The program helps homeowners afford substantial repairs that
they could not otherwise afford without this program.
RFP #7325-Home Improvements Construction for Multiple Properties.
The City assists homeowners procure their contractors in compliance with the CDGB and HOME
requirements. This bid was issued to include three separate housing reconstruction projects for homeowners
who applied and qualified for the HIP program. Work specifications and pricing estimates were based on
each project and household specifications. One project is approximately 1,100 square feet; 3bedroom/2bath
rehabilitation. The second project is approximately 1,200 square feet, 3bedroom/2bath/Energy Star
reconstruction. The third project is a rehabilitation of approximately 1,900 square feet, 3bedroom/2bath
unit. In this RFP, suppliers could bid on one or more of above mentioned projects.
Requests for Proposals were sent to 293 prospective suppliers. In addition, specifications were placed on
the Materials Management website for prospective suppliers to download and advertised in the local
newspaper. One (1) proposal was received, with a Best and Final Offer (BAFO) requested and received
from the responding vendor. The BAFO proposal was evaluated based upon published criteria including
probable performance, price, and homeowner’s choice. Based upon this evaluation, MAK Repair and
Construction, LLC was accepted and determined to be the best value for the City’s federally funded Home
Improvement Program.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
294
NIGP Code Used for Solicitation: 909 (Service Only)-Building
Construction Services, New
Notifications sent for Solicitation sent in IonWave: 293
Number of Suppliers that viewed Solicitation in IonWave: 15
HUB-Historically Underutilized Business Invitations sent out: 20
SBE-Small Business Enterprise Invitations sent out: 76
Responses from Solicitation: 1
RECOMMENDATION
Award a contract with MAK Repair and Construction, LLC, for the reconstruction of three (3) properties
under the City of Denton Home Improvement Program, in a not-to-exceed amount of $468,765.
PRINCIPAL PLACE OF BUSINESS
MAK Repair and Construction, LLC
Celina, TX
ESTIMATED SCHEDULE OF PROJECT
This project will be started upon approval with a completion date by May 31, 2021.
FISCAL INFORMATION
These services will be funded from Home Investment Partnership Program account
912018002.1360.10100. The budgeted amount for this item is $468,765. There is a 10% discrepancy
included for inflation for change orders.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Pricing Evaluations
Exhibit 3: LLC Members
Exhibit 4: Ordinance
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning these reconstructions, contact: Alma Espino, 940-349-7756.
Legal point of contact: Mack Reinwand at 940-349-8333.
295
Line #
1
Homeowner 1-AE 2-GM 3-DS Total Average
1 Indicators of Probable Performance under contract - 20%18 18 15 17
2 Price, Total Cost of Ownership - 40%40 40 40 40
3 Homeowners Choice - 40%40 40
97Total Score:
Exhibit 2
RFP 7325 - Home Improvement for Mulitple Properties - East Collins Street, Denton, TX
TOTAL PRICE
Extended
MAK Repair & Construction,
LLC
MAK Repair &
Construction, LLC
Total Cost for Reconstruction @ E. Collins Street, Denton, TX
Description Extended Price
Original Proposal BAFO
$ 134,000.00
$ 134,000.00 $ 130,000.00
$ 130,000.00
MAK Repair & Construction, LLC
296
Line #
1
Homeowner 1-AE 2-GM 3-DS Total Average
1 Indicators of Probable Performance under contract - 20%18 18 15 17
2 Price, Total Cost of Ownership - 40%40 40 40 40
3 Homeowners Choice - 40%40 40
97
Exhibit 2
RFP 7325 - Home Improvement for Mulitple Properties - East McKinney Street, Denton, TX
Total Score:
MAK Repair & Construction, LLC
MAK Repair &
Construction, LLC
MAK Repair & Construction,
LLC
Description Extended Price Extended
Original Proposal BAFO
Total Cost for Reconstruction @ E. McKinney, Denton, TX $ 132,880.00 $ 131,650.00
TOTAL PRICE $ 132,880.00 $ 131,650.00
297
Line #
1
Homeowner 1-AE 2-GM 3-DS Total Average
1 Indicators of Probable Performance under contract - 20%18 18 15 17
2 Price, Total Cost of Ownership - 40%40 40 40 40
3 Homeowners Choice - 40%40 40
97Total Score:
Exhibit 2
RFP 7325 - Home Improvement for Mulitple Properties - Redwood Place, Denton, TX
MAK Repair & Construction, LLC
MAK Repair &
Construction, LLC
MAK Repair &
Construction, LLC
Description Extended Price Extended
Original Proposal BAFO
Total Cost for Reconstruction @ Redwood Place, Denton, TX $ 167,000.00 $ 164,000.00
TOTAL PRICE: $ 167,000.00 $ 164,000.00
298
299
300
301
302
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1084,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the approval of a first amendment to a contract between the City of Denton and Group For Horizon
Entertainment Inc.dba Ranger Guard &Investigations,amending the contract approved by Purchasing on
March 24,2020,in the not-to-exceed amount of $49,000;said first amendment to provide dedicated security
officer services for the City of Denton in accordance with Texas Local Government Code 252.022,which
provides that procurement of commodities and services made because of public calamity or to preserve or
protect the public health or safety of the municipality’s residents is exempt from competitive bidding,and if
over $50,000 shall be awarded by the governing body;providing for the expenditure of funds therefor;and
providing an effective date (File 7340 -providing for an additional first amendment expenditure amount not-to-
exceed $33,000, with the total contract amount not-to-exceed $82,000).
City of Denton Printed on 6/5/2020Page 1 of 1
powered by Legistar™303
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: June 9, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the approval of a first amendment to a contract between the City of Denton and Group For
Horizon Entertainment Inc. dba Ranger Guard & Investigations, amending the contract approved by
Purchasing on March 24, 2020, in the not-to-exceed amount of $49,000; said first amendment to provide
dedicated security officer services for the City of Denton in accordance with Texas Local Government
Code 252.022, which provides that procurement of commodities and services made because of public
calamity or to preserve or protect the public health or safety of the municipality’s residents is exempt from
competitive bidding, and if over $50,000 shall be awarded by the governing body; providing for the
expenditure of funds therefor; and providing an effective date (File 7340 – providing for an additional first
amendment expenditure amount not-to-exceed $33,000, with the total contract amount not-to-exceed
$82,000).
INFORMATION /BACKGROUND
• 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".
• March 17, 2020. The City Council, through Ordinance No. 20-721 (First Order), extended the
Declaration of Emergency extending the effective period of the declared state of local disaster
through April 30, 2020, and included 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.
• March 20, 2020. Through Ordinance No. 20-740 City Council amended Ordinance No. 20-721.
• April 6, 2020. Ordinance No. 20-812 (Second Order) was adopted superseding and replacing the
Order of Council of the City of Denton through Ordinance 20-740 issued on March 20, 2020 and
included the authorization to expend an additional Seven Hundred Fifty Thousand Dollars
($750,000.00) during this period to proceed with the necessary emergency responses and essential
functions not already budgeted.
• April 30, 2020. City Council adopted Ordinance 20-873 (Third Order) superseding and replacing
the Second Order of Council of the City of Denton issued April 6, 2020.
• May 5, 2020. Ordinance 20-923 (Forth Order) was adopted to supersede and replace the prior Orders
of Council and included the authorization 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.
• May 29, 2020. City Council extending the effective period of the Declared State of Local Disaster;
superseding and replacing the Fourth Order of Council of the City of Denton.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
304
HOTEL AND SECURITY
As a part of the City’s necessary emergency responses and essential functions related to the public health
emergency, the City is providing emergency assistance in support of emergency shelter services in an effort
to provide for adequate social distancing to reduce the transmission of the COVID-19 virus by transitioning
emergency shelter clients from a congregate group housing setting to hotels for added spacing and isolation.
In an effort to support the shelter services being provided at the hotel site, the City also procured security
services to ensure the safety of hotel shelter clients and protection of the facility.
The original contract was written with projected dedicated security officer services through May 10, 2020.
With extensions of funding as detailed above which include shelter services at the hotel sites as authorized,
additional funds are needed to continue the provision of security services at the hotel site through the current
service date of June 30, 2020.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On March 24, 2020, City entered into a contract with Ranger Guard & Investigations in the not-to-exceed
amount of $49,000.
RECOMMENDATION
Award Amendment No. 1 with Group For Horizon Entertainment Inc. dba Ranger Guard & Investigations,
for Dedicated Security Officer Services for the City of Denton, in the not-to-exceed amount of $33,000, for
a total amended contract amount of $82,000.
PRINCIPAL PLACE OF BUSINESS
Group For Horizon Entertainment Inc. dba Ranger Guard & Investigations
Houston, TX
ESTIMATED SCHEDULE OF PROJECT
This project is started and will be extended upon approval through June 30, 2020, with the option for
additional extensions of the "Declaration of Local Disaster for Public Health Emergency" and an "Order of
the Mayor of the City of Denton" related to COVID-19 response as authorized by City Council.
FISCAL INFORMATION
These services will be funded from Outside Contract Services account 160099.7879.4176A. Purchase Order
#192968 has been increased in the Purchasing software system in the amount of $33,000. The budgeted
amount for this item is $82,000.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Original Contract
Exhibit 3: Ordinance and Amendment 1
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
305
For information concerning this acquisition, contact: Dani Shaw, 940-349-7237.
Legal point of contact: Mack Reinwand at 940-349-8333.
306
Docusign Transmittal Coversheet
File Name
Purchasing Contact
Contract Expiration
DocuSign Envelope ID: A0318BE1-DAC5-4EC6-B7AF-DFB8001E62C2
NA
7340
Crystal Westbrook
FILE
SECURITY GUARD-DOE-CITY WIDE
307
Contract # 7340 Page 1 of 30
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND GROUP FOR HORIZON ENTERTAINMENT INC.
dba RANGER GUARD & INVESTIGATIONS
(CONTRACT 7340)
THIS CONTRACT is made and entered into this date __________________, by and
between GROUP FOR HORIZON ENTERTAINMENT INC. dba RANGER GUARD &
INVESTIGATIONS a Texas corporation, whose address is 4660 Beechnut Street, STE 200,
Houston, TX 77096, hereinafter referred to as "Contractor," and the CITY OF DENTON,
TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon
approval of the Denton City Council and subsequent execution of this Contract by the Denton City
Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Contractor shall provide products and or services in accordance with the Contractor’s
proposal in response thereto, a copy of which is attached hereto and incorporated herein for all
purposes as Exhibit "E". The Contract consists of this written agreement and the following items
which are attached hereto and incorporated herein by reference:
(a) Special Terms and Conditions (Exhibit “A”);
(b) City of Denton Standard Terms and Conditions (Exhibit “B”);
(c) Insurance Requirements (Exhibit “C”);
(d) Contractor’s Proposal (Exhibit "D");
(e) Form CIQ – Conflict of Interest Questionnaire (Exhibit "E");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to the written agreement then to the contract documents in the order in which they are listed
above. These documents shall be referred to collectively as “Contract Documents.”
Prohibition on Contracts with Companies Boycotting Israel
Supplier acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is
prohibited from entering into a contract with a company for goods or services unless the contract contains
a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Supplier
certifies that Supplier’s signature provides written verification to the City that Supplier: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or
maintain the requirements under this provision will be considered a material breach.
Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign
Terrorist Organization
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03/24/2020
308
Contract # 7340 Page 2 of 30
Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do
business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Supplier certifies
that Supplier’s signature provides written verification to the City that Supplier, pursuant to Chapter
2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments
under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to
meet or maintain the requirements under this provision will be considered a material breach.
The parties agree to transact business electronically. Any statutory requirements that certain terms
be in writing will be satisfied using electronic documents and signing. Electronic signing of this
document will be deemed an original for all legal purposes.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
SUPPLIER
BY:____________________________
AUTHORIZED SIGNATURE
Printed Name:_____________________
Title:____________________________
__________________________________
PHONE NUMBER
_________________________________
EMAIL ADDRESS
___________________________________
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
BY: _____________________________
PURCHASING AGENT
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: A0318BE1-DAC5-4EC6-B7AF-DFB8001E62C2
Vice President
Jonah Nathan
2020-601671
jonah@rangergi.com
713-999-9955 x901
Sarah Kuechler
Chief of Staff
CMO/Public Affairs
309
Contract # 7340 Page 3 of 30
Exhibit A
Special Terms and Conditions
1. Total Contract Amount
The contract total for services shall not exceed $49,000. Pricing shall be per Exhibit D attached.
2. Contract Terms
The contract will be effective from date of award or notice to proceed with a purchase order as determined
by the City of Denton Purchasing Department.
3. Price Escalation and De-escalation
The City will implement an escalation/de-escalation price adjustment yearly. The escalation/de-
escalation will be based upon manufacturer published pricing sheets to the vendor. The price will
be increased or decreased based upon the yearly percentage change in the manufacturer’s price
list. The price adjustment will be determined yearly from the award date. Should the change
exceed or decrease a minimum threshold value of +/-1%, then the stated eligible bid prices shall
be adjusted in accordance with the published price change. It is the supplier or the Cities
responsibility to request a price adjustment yearly in writing. If no request is made, then it will be
assumed that the bid price will be in effect. The supplier must submit or make available the
manufacturers pricing sheet used to calculate the bid proposal, to participate in the
escalation/de-escalation clause.
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Contract # 7340 Page 4 of 30
Exhibit B
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City of Denton’s contract are applicable to
contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer
and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must
be in writing and signed by a representative of the City’s Procurement Department and the
Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or
statement shall serve to modify the terms set forth herein. If there is a conflict between the
provisions on the face of the contract/purchase order these written provisions will take precedence.
The Contractor agrees that the contract shall be governed by the following terms and conditions,
unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract,
Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and
sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed
principally at the City’s premises or on public rights-of-way.
1. CONTRACTOR’S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall
be effective as of the date the contract is signed by the City, and shall continue in effect until all
obligations are performed in accordance with the Contract.
3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package
deliverables in accordance with good commercial practice and shall include a packing list showing
the description of each item, the quantity and unit price unless otherwise provided in the
Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly
and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name,
address and purchase order or purchase release number and the price agreement number if
applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the
number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all
the requirements of common carriers and any applicable specification. The City's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to
ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables.
5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City
only when the City actually receives and accepts the deliverables.
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Contract # 7340 Page 5 of 30
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be
shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and
Conditions. Unless otherwise stated in the Offer, the Contractor’s price shall be deemed to include
all delivery and transportation charges. The City shall have the right to designate what method of
transportation shall be used to ship the deliverables. The place of delivery shall be that set forth
the purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under
law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at
delivery before accepting them, and to reject defective or non-conforming deliverables. If the City
has the right to inspect the Contractor’s, or the Contractor’s Subcontractor’s, facilities, or the
deliverables at the Contractor’s, or the Contractor’s Subcontractor’s, premises, the Contractor shall
furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance
to the City to facilitate such inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables
must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity.
Any non-complying tender shall constitute a breach and the Contractor shall not have the right to
substitute a conforming tender; provided, where the time for performance has not yet expired, the
Contractor may notify the City of the intention to cure and may then make a conforming tender
within the time allotted in the contract.
9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the
sites where the Contractor is to perform the services as required in order for the Contractor to
perform the services in a timely and efficient manner, in accordance with and subject to the
applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied
itself as to the nature of the City’s service requirements and specifications, the location and
essential characteristics of the work sites, the quality and quantity of materials, equipment, labor
and facilities necessary to perform the services, and any other condition or state of fact which could
in any way affect performance of the Contractor’s obligations under the contract. The Contractor
hereby releases and holds the City harmless from and against any liability or claim for damages of
any kind or nature if the actual site or service conditions differ from expected conditions.
The contractor shall, at all times, exercise reasonable precautions for the safety of their employees,
City Staff, participants and others on or near the City’s facilities.
10. WORKFORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on
the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
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Contract # 7340 Page 6 of 30
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
Contractor shall immediately remove such worker from Contract services, and may not employ
such worker again on Contract services without the City's prior written consent.
Immigration: The Contractor represents and warrants that it shall comply with the requirements
of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification
and retention of verification forms for any individuals hired on or after November 6, 1986, who
will perform any labor or services under the Contract and the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (“IIRIRA) enacted on September 30, 1996.
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL
REGULATIONS: The Contractor, it’s Subcontractors, and their respective employees, shall
comply fully with all applicable federal, state, and local health, safety, and environmental laws,
ordinances, rules and regulations in the performance of the services, including but not limited to
those promulgated by the City and by the Occupational Safety and Health Administration (OSHA).
In case of conflict, the most stringent safety requirement shall govern. The Contractor shall
indemnify and hold the City harmless from and against all claims, demands, suits, actions,
judgments, fines, penalties and liability of every kind arising from the breach of the Contractor’s
obligations under this paragraph.
Environmental Protection: The Respondent shall be in compliance with all applicable standards,
orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et
seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.).
12. INVOICES:
A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a separate
invoice must be sent for each shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery
order number and the master agreement number if applicable, the Department’s Name, and
the name of the point of contact for the Department. Invoices shall be itemized and
transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight
waybill, when applicable, shall be attached to the invoice. The Contractor’s name, remittance
address and, if applicable, the tax identification number on the invoice must exactly match the
information in the Vendor’s registration with the City. Unless otherwise instructed in writing, the
City may rely on the remittance address specified on the Contractor’s invoice.
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables
order number clearly identified. Invoices shall also include a tabulation of work-hours at the
appropriate rates and grouped by work order number. Time billed for labor shall be limited to
hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced
amount.
The City will furnish a tax exemption certificate upon request.
13. PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within
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Contract # 7340 Page 7 of 30
thirty (30) calendar days of the City’s receipt of the deliverables or of the invoice being received
in Accounts Payable, whichever is later.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid
balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the
maximum lawful rate; except, if payment is not timely made for a reason for which the City
may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after
the grounds for withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the
partial shipment or delivery, as stated above, provided that the invoice matches the shipment or
delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is
required to
provide, are filed or reasonable evidence indicating probable filing of such claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City’s agents, employees or contractors,
which is not covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor’s obligations will not be completed within the
time specified in the Contract, and that the unpaid balance would not be adequate to
cover actual or damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with
all required attachments and supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract
Documents.
E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for
delinquent taxes, the City may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding. The
City’s payment obligations are payable only and solely from funds Appropriated and available for
this contract. The absence of Appropriated or other lawfully available funds shall render the
Contract null and void to the extent funds are not Appropriated or available and any deliverables
delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor
written notice of the failure of the City to make an adequate Appropriation for any fiscal year to
pay the amounts due under the Contract, or the reduction of any Appropriation to an amount
insufficient to permit the City to pay its obligations under the Contract. In the event of none or
inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City.
14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the
term of this contract, the contractor shall bill and the City shall reimburse contractor for all
reasonable and approved out of pocket expenses which are incurred in the connection with the
performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by
the contractor in traveling to and from City facilities whall not be reimbursed, unless otherwise
negotiated.
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15. FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance
Report to the Purchasing Manager no later than the 15th calendar day after completion of all work
under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in
compliance with the requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claims (1) which have
been previously asserted in writing and not yet settled, (2) arising from defective work appearing
after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the
terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations
under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising
under the City’s right to audit; and ii. a waiver of all claims by the Contractor against the City
other than those previously asserted in writing and not yet settled.
16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost
of any special tooling or special test equipment fabricated or required by the Contractor for the
purpose of filling this order, such special tooling equipment and any process sheets related thereto
shall become the property of the City and shall be identified by the Contractor as such.
17. RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress
or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are
completed and resolved. These books, records, documents and other evidence shall be available,
within ten (10) business days of written request. Further, the Contractor shall also require all
Subcontractors, material suppliers, and other payees to retain all books, records, documents and
other evidence pertaining to the Contract, and to allow the City similar access to those documents.
All books and records will be made available within a 50 mile radius of the City of Denton. The
cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater.
If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel
costs, must be borne by the Contractor which must be payable within five (5) business days of
receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the
terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
18. SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor
shall comply with all requirements approved by the City. The Contractor shall not initially employ
any Subcontractor except as provided in the Contractor’s Plan. The Contractor shall not substitute
any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in
writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or
remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan
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has been approved, the Contractor is additionally required to submit a monthly Subcontract
Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day
of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the
terms of the
Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract
without the prior written consent of the City and the Contractor. The City may require, as
a condition to such further subcontracting, that the Subcontractor post a payment bond in
form, substance and amount acceptable to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including
any claims for additional payments, damages or otherwise, to the Contractor in sufficient
time to enable the Contractor to include same with its invoice or application for payment
to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their
contract, insurance in the type and amounts specified for the Contractor, with the City
being a named insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent
as the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the
Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual
relationship between the City and any such Subcontractor, nor shall it create any obligation on the
part of the City to pay or to see to the payment of any moneys due any such Subcontractor except
as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City.
19. WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently without
consultation, communication, or agreement for the purpose of restricting competition, as to any
matter relating to such fees with any other firm or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current
prices on orders by others for like deliverables under similar terms of purchase.
20. WARRANTY – TITLE: The Contractor warrants that it has good and indefeasible title to all
deliverables furnished under the Contract, and that the deliverables are free and clear of all liens,
claims, security interests and encumbrances. The Contractor shall indemnify and hold the City
harmless from and against all adverse title claims to the deliverables.
21. WARRANTY – DELIVERABLES: The Contractor warrants and represents that all
deliverables sold the City under the Contract shall be free from defects in design, workmanship or
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manufacture, and conform in all material respects to the specifications, drawings, and descriptions
in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and
conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations,
and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall
be new or recycled merchandise, and not used or reconditioned.
A. Recycled deliverables shall be clearly identified as such.
B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law; and any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the date of acceptance of the deliverables or from the date of acceptance of any replacement
deliverables. If during the warranty period, one or more of the above warranties are breached, the
Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables,
or replace the non-conforming deliverables with fully conforming deliverables, at the City’s option
and at no additional cost to the City. All costs incidental to such repair or replacement, including
but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor.
The City shall endeavor to give the Contractor written notice of the breach of warranty within
thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice
shall not impair the City’s rights under this section.
D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming
deliverables as required by the City, then in addition to any other available remedy, the City may
reduce the quantity of deliverables it may be required to purchase under the Contract from the
Contractor, and purchase conforming deliverables from other sources. In such event, the
Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to
procure such deliverables from another source.
E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate
manufacturer’s warranty, the Contractor shall transfer and assign such manufacturer’s warranty to
the City. If for any reason the manufacturer’s warranty cannot be fully transferred to the City, the
Contractor shall assist and cooperate with the City to the fullest extent to enforce such
manufacturer’s warranty for the benefit of the City.
22. WARRANTY – SERVICES: The Contractor warrants and represents that all services to be
provided the City under the Contract will be fully and timely performed in a good and workmanlike
manner in accordance with generally accepted industry standards and practices, the terms,
conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules
or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the Acceptance Date. If during the warranty period, one or more of the above warranties are
breached, the Contractor shall promptly upon receipt of demand perform the services again in
accordance with above standard at no additional cost to the City. All costs incidental to such
additional performance shall be borne by the Contractor. The City shall endeavor to give the
Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery
of the breach warranty, but failure to give timely notice shall not impair the City’s rights under
this section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above
standard as required by the City, then in addition to any other available remedy, the City may
reduce the amount of services it may be required to purchase under the Contract from the
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Contractor, and purchase conforming services from other sources. In such event, the Contractor
shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such
services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay
all claims, costs, losses and damages attributable to the City’s evaluation of and determination to
accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final
payment, the City may deduct such amounts as are necessary to compensate the City for the
diminished value of the defective or non-conforming deliverables. If the acceptance occurs after
final payment, such amount will be refunded to the City by the Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party’s intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time specified
after demand is made, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation or
unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the
City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to
provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks
relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in
Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to
the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor’s default, including, without
limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post-
judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and
any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and
remedies under the Contract are cumulative and are not exclusive of any other right or remedy
provided by law.
28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
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Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work
pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The
City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available
for such purposes, for all goods delivered and services performed and obligations incurred prior to
the date of termination in accordance with the terms hereof.
29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable
required to be submitted by the Contractor to the City shall be grounds for the termination of the
Contract for cause by the City and may result in legal action.
30. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if
the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price and execute an amendment to the Contract. The
Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations under
this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots,
civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the
reasonable control of such Party. In the event of default or delay in contract performance due to
any of the foregoing causes, then the time for completion of the services will be extended;
provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of such
failure to perform.
31. INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution mechanism,
including attorney and other professional fees for: (1) damage to or loss of the property of
any person (including, but not limited to the City, the Contractor, their respective agents,
officers, employees and subcontractors; the officers, agents, and employees of such
subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's
compensation, loss of services, or loss of income or wages to any person (including but not
limited to the agents, officers and employees of the City, the Contractor, the Contractor’s
subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non-
conforming deliverables, negligence, willful misconduct or a breach of any legally imposed
strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY),
INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO,
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CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR
THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE
PERFORMANCE OF THE CONTRACTOR’S OBLIGATIONS UNDER THE
CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF
THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE
LIABLE FOR AN INDEMNIFIED CLAIM.
32. INSURANCE: The following insurance requirements are applicable, in addition to the specific
insurance requirements detailed in Appendix A for services only. The successful firm shall procure
and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton.
The insurance shall be written by a company licensed to do business in the State of Texas and
satisfactory to the City of Denton.
A. General Requirements:
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated
and agreed to, as submitted to the City and approved by the City within the procurement
process, for the duration of the Contract, including extension options and hold over periods,
and during any warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverage’s and
endorsements required to the City as verification of coverage prior to contract execution
and within fourteen (14) calendar days after written request from the City. Failure to
provide the required Certificate of Insurance may subject the Offer to disqualification from
consideration for award. The Contractor must also forward a Certificate of Insurance to the
City whenever a previously identified policy period has expired, or an extension option or
hold over period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence work until the required insurance is obtained and
until such insurance has been reviewed by the City. Approval of insurance by the City shall
not relieve or decrease the liability of the Contractor hereunder and shall not be construed
to be a limitation of liability on the part of the Contractor.
iv. The Contractor must submit certificates of insurance to the City for all subcontractors
prior to the subcontractors commencing work on the project.
v. The Contractor’s and all subcontractors’ insurance coverage shall be written by
companies licensed to do business in the State of Texas at the time the policies are issued
and shall be written by companies with A.M. Best ratings of A- VII or better. The City
will accept workers’ compensation coverage written by the Texas Workers’ Compensation
Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall contain the
solicitation number and the following information:
City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
vii. The “other” insurance clause shall not apply to the City where the City is an additional
insured shown on any policy. It is intended that policies required in the Contract, covering
both the City and the Contractor, shall be considered primary coverage as applicable.
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viii. If insurance policies are not written for amounts agreed to with the City, the Contractor
shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified.
If Excess Liability Insurance is provided, it shall follow the form of the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without
expense, to review certified copies of policies and endorsements thereto and may make any
reasonable requests for deletion or revision or modification of particular policy terms,
conditions, limitations, or exclusions except where policy provisions are established by law
or regulations binding upon either of the parties hereto or the underwriter on any such
policies.
x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to make reasonable adjustments to insurance coverage,
limits, and exclusions when deemed necessary and prudent by the City based upon changes
in statutory law, court decisions, the claims history of the industry or financial condition
of the insurance company as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance
to lapse during the term of the Contract or as required in the Contract.
xii. The Contractor shall be responsible for premiums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions shall be
disclosed on the Certificate of Insurance.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days’ written
notice of erosion of the aggregate limits below occurrence limits for all applicable
coverage’s indicated within the Contract.
xiv. The insurance coverage’s specified in within the solicitation and requirements are
required minimums and are not intended to limit the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instrument.
33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which
arises under or concerns the Contract, or which could have a material adverse affect on the
Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City
shall state the date of notification of any such claim, demand, suit, or other action; the names and
addresses of the claimant(s); the basis thereof; and the name of each person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City
Hall, 215 East McKinney Street, Denton, Texas 76201.
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered
Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon
receipt by the addressee. Routine communications may be made by first class mail, telefax, or
other commercially accepted means. Notices to the Contractor shall be sent to the address specified
in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices
to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked
to the attention of the Purchasing Manager.
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35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public Information
Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title
to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the
specifications in the Contract will not infringe, directly or contributorily, any patent, trademark,
copyright, trade secret, or any other intellectual property right of any kind of any third party; that
no claims have been made by any person or entity with respect to the ownership or operation of
the deliverables and the Contractor does not know of any valid basis for any such claims. The
Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and
against all liability, damages, and costs (including court costs and reasonable fees of attorneys and
other professionals) arising out of or resulting from: (i) any claim that the City’s exercise anywhere
in the world of the rights associated with the City’s’ ownership, and if applicable, license rights,
and its use of the deliverables infringes the intellectual property rights of any third party; or (ii)
the Contractor’s breach of any of Contractor’s representations or warranties stated in this Contract.
In the event of any such claim, the City shall have the right to monitor such claim or at its option
engage its own separate counsel to act as co-counsel on the City’s behalf. Further, Contractor
agrees that the City’s specifications regarding the deliverables shall in no way diminish
Contractor’s warranties or obligations under this paragraph and the City makes no warranty that
the production, development, or delivery of such deliverables will not impact such warranties of
Contractor.
37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may
require access to certain of the City’s and/or its licensors’ confidential information (including
inventions, employee information, trade secrets, confidential know-how, confidential business
information, and other information which the City or its licensors consider confidential)
(collectively, “Confidential Information”). Contractor acknowledges and agrees that the
Confidential Information is the valuable property of the City and/or its licensors and any
unauthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the City and/or its licensors. The Contractor (including its employees,
subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information
in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use
the Confidential Information without the prior written consent of the City or in a manner not
expressly permitted under this Agreement, unless the Confidential Information is required to be
disclosed by law or an order of any court or other governmental authority with proper jurisdiction,
provided the Contractor promptly notifies the City before disclosing such information so as to
permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to
use protective measures no less stringent than the Contractor uses within its own business to protect
its own most valuable information, which protective measures shall under all circumstances be at
least reasonable measures to ensure the continued confidentiality of the Confidential Information.
38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and
interests throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees
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to disclose such patentable subject matter to the City. Further, if requested by the City, the
Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right,
title, and interest to specific inventions under such patentable subject matter to the City and to
execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute,
acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by
the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor
agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the
Contractor for the City and the City shall own all copyrights in and to such deliverables, provided
however, that nothing in this Paragraph 38 shall negate the City’s sole or joint ownership of any
such deliverables arising by virtue of the City’s sole or joint authorship of such deliverables.
Should by operation of law, such deliverables not be considered works made-for-hire, the
Contractor hereby assigns to the City (and agrees to cause each of its employees providing services
to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all
worldwide right, title, and interest in and to such deliverables. With respect to such work made-
for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its
employees providing services to the City hereunder to execute, acknowledge, and deliver a work-
made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon
delivery of such deliverables to the City or at such other time as the City may request.
C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and deliver all applications, specifications, oaths,
assignments, and all other instruments which the City might reasonably deem necessary in order
to apply for and obtain copyright protection, mask work registration, trademark registration and/or
protection, letters patent, or any similar rights in any and all countries and in order to assign and
convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and
interest in and to the deliverables. The Contractor’s obligations to execute, acknowledge, and
deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those
described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract
with respect to such deliverables. In the event the City should not seek to obtain copyright
protection, mask work registration or patent protection for any of the deliverables, but should
desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information
under the terms of Paragraph 37 above.
39. PUBLICATIONS: All published material and written reports submitted under the Contract
must be originally developed material unless otherwise specifically provided in the Contract.
When material not originally developed is included in a report in any form, the source shall be
identified.
40. ADVERTISING: The Contractor shall not advertise or publish, without the City’s prior
consent, the fact that the City has entered into the Contract, except to the extent required by law.
41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure the Contract upon any agreement or understanding
for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona
fide established commercial or selling agencies maintained by the Contractor for the purpose of
securing business. For breach or violation of this warranty, the City shall have the right, in addition
to any other remedy available, to cancel the Contract without liability and to deduct from any
amounts owed to the Contractor, or otherwise recover, the full amount of such commission,
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percentage, brokerage or contingent fee.
42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without
liability if it is determined by the City that gratuities were offered or given by the Contractor or
any agent or representative of the Contractor to any officer or employee of the City of Denton with
a view toward securing the Contract or securing favorable treatment with respect to the awarding
or amending or the making of any determinations with respect to the performing of such contract.
In the event the Contract is canceled by the City pursuant to this provision, the City shall be
entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost
incurred by the Contractor in providing such gratuities.
43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer,
employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of the performance of any solicitation shall
have a financial interest, direct or indirect, in the Contract resulting from that solicitation
solicitation as defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article
XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any
officer or employee guilty thereof shall be subject to disciplinary action up to and including
dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the
Contractor shall render the Contract voidable by the City. The Contractor shall complete and
submit the City’s Conflict of Interest Questionnaire.
44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits,
worker’s compensation, or any other City employee benefit. The City shall not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor shall perform the services hereunder according to the attached specifications at the general
direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The
contractor is expressly free to advertise and perform services for other parties while performing
services for the City.
45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
The Vendor shall notify the City’s Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated City records. The
president of the company or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such
change, copy of the board of director’s resolution approving the action, or an executed
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merger or acquisition agreement. Failure to do so may adversely impact future invoice
payments.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party. No waiver by either
the Contractor or the City of any one or more events of default by the other party shall operate as,
or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an
express or implied acceptance of any other existing or future default or defaults, whether of a
similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the parties
or course of performance or usage of the trade shall be relevant to supplement or explain any term
used in the Contract. Although the Contract may have been substantially drafted by one party, it
is the intent of the parties that all provisions be construed in a manner to be fair to both parties,
reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC
definition shall control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing
of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party
may make a written request for a meeting between representatives of each party within fourteen
(14) calendar days after receipt of the request or such later period as agreed by the parties. Each
party shall include, at a minimum, one (1) senior level individual with decision-making authority
regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith
to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the
parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to
mediation as described below. Negotiation may be waived by a written agreement signed by both
parties, in which event the parties may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation
skills to assist with resolution of the dispute. Should they choose this option; the City and the
Contractor agree to act in good faith in the selection of the mediator and to give consideration to
qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties
from relying on the skills of a person who is trained in the subject matter of the dispute or a contract
interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of
initiation of the mediation process, the mediator shall be selected by the Denton County Alternative
Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith
for up to thirty (30) calendar days from the date of the first mediation session. The City and the
Contractor will share the mediator’s fees equally and the parties will bear their own costs of
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participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist them in the mediation.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted
in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would
refer to and apply the substantive law of another state or jurisdiction. All issues arising from this
Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit
to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract
shall in no way affect the validity or enforceability of any other portion or provision of the
Contract. Any void provision shall be deemed severed from the Contract and the balance of the
Contract shall be construed and enforced as if the Contract did not contain the particular portion
or provision held to be void. The parties further agree to reform the Contract to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Contract from being void
should a provision which is the essence of the Contract be determined to be void.
52. HOLIDAYS: The following holidays are observed by the City:
New Year’s Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year’s Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday
falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be
between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any
scheduled deliveries or work performance not within the normal hours of operation must be
approved by the City Manager of Denton, Texas or his authorized designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the Contract.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub-awards to parties
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that are suspended or debarred or whose principals are suspended or debarred from Federal, State,
or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its
firm and its principals are not currently suspended or debarred from doing business with the
Federal Government, as indicated by the General Services Administration List of Parties Excluded
from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of
Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, sexual
orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of,
or be otherwise subjected to discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror’s agent, shall
engage in any discriminatory employment practice against individuals with disabilities as defined
in the ADA.
56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded
requirements)
The following federally funded requirements are applicable. A. Definitions. As used in this
paragraph –
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragraph (1) of this definition, plus
allocable overhead costs, but excluding profit. Cost of components does not include any costs
associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected,
and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract
for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products
for supplies acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this
Contract; but will consider for approval foreign articles as domestic for this product if the articles
are on a list approved by another Governmental Agency. The Offeror shall submit documentation
with their Offer demonstrating that the article is on an approved Governmental list.
D. The Contractor shall deliver only domestic end products except to the extent that it specified
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delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act
Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all
information presented in any response to this contract, whether amended or not, except as
prohibited by law. Selection of rejection of the submittal does not affect this right.
58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or
supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the
respondent.
59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as
defined by the United States Department of Labor Davis-Bacon Wage Determination at
http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov
for Denton County, Texas (WD-2509).
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor
or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent
must comply with all applicable laws at all times, including, without limitation, the following: (i)
§36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code,
which prohibits the offering or conferring of benefits to public servants. The Respondent shall give
all notices and comply with all laws and regulations applicable to furnishing and performance of
the Contract.
61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on-
site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530
of the Revenue Act of of 1978, dealing with issuance of Form W-2's to common law employees.
Respondent is responsible for both federal and State unemployment insurance coverage and
standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with
all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or
federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall
pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701
ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may hereafter
be issued.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property and
equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers,
including any delivery or cartage company, in connection with any performance pursuant to the
Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any
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such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an act
of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault
or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to
whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
days of the inception of such occurrence) and describe at a reasonable level of detail the
circumstances causing the non-performance or delay in performance.
65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party
under the Contract will not affect the right of such Party to require performance in the future. No
delay, failure, or waiver of either Party’s exercise or partial exercise of any right or remedy under
the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right
or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as
a waiver of any continuing or succeeding breach.
66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision
of the Contract is in any way intended to constitute a waiver by the City of Denton of any
immunities from suit or from liability that the City of Denton may have by operation of law.
67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the performances called
for in the Contract. The Respondent shall retain all such records for a period of four (4) years after
the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit
and litigation matters are resolved, whichever period is longer. The Respondent shall grant access
to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of
Texas, and any federal governmental entity that has authority to review records due to federal
funds being spent under the Contract.
Should a conflict arise between any of the contract documents, it shall be resolved with the
following order of precedence (if applicable). In any event, the final negotiated contract shall
take precedence over any and all contract documents to the extent of such conflict.
1. Final negotiated contract
2. City’s standard terms and conditions
3. Purchase order
4. Supplier terms and conditions
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Exhibit C
INSURANCE REQUIREMENTS AND
WORKERS’ COMPENSATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations, which
the successful contractor shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by
the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall file with the Purchasing Department satisfactory certificates of insurance
including any applicable addendum or endorsements, containing the contract number and
title of the project. Contractor may, upon written request to the Purchasing Department,
ask for clarification of any insurance requirements at any time; however, Contractor shall
not commence any work or deliver any material until he or she receives notification that
the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in compliance
with these general specifications throughout the duration of the Contract, or longer, if so
noted:
Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A or better.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions
with respect to the City, its officials, agents, employees and volunteers; or, the contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Liability policies shall be endorsed to provide the following:
Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
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limit of liability.
Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents,
employees, and volunteers.
Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled or materially changed before the
expiration date.
Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the Contract,
or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
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If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage
resulting from explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic
and umbrella or excess policies. The policy will include bodily injury and property damage
liability arising out of the operation, maintenance and use of all automobiles and mobile
equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned hired and non-owned autos.
[X] Workers’ Compensation Insurance
Contractor shall purchase and maintain Workers’ Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an “occurrence" basis and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00
combined bodily injury and property damage per occurrence with a $1,000,000.00
aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
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contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Environmental Liability Insurance
Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this
contract.
[ ] Riggers Insurance
The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be
provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and
Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11,
Rigger’s Liability Coverage form. Said coverage shall mirror the limits provided by the
CGL coverage
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a “blanket” basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than $ each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
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ATTACHMENT 1
[X] Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on
the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of whether
that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-
operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the Contractor providing services on
the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the
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project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
2. no later than seven days after receipt by the contractor, a new certificate
of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of
the project.
F. The contractor shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack
of coverage.
I. The contractor shall contractually require each person with whom it contracts
to provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
2. provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration
of the project;
3. provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the duration
of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
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b. a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor’s failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
DocuSign Envelope ID: A0318BE1-DAC5-4EC6-B7AF-DFB8001E62C2
337
Proposal for Security Services
For: Business Name
Proposal Prepared for:
City of Denton
Date: March 24, 2020
EXHIBIT DDocuSign Envelope ID: A0318BE1-DAC5-4EC6-B7AF-DFB8001E62C2
338
Our Objective:
To build long term relationships with our clients who always come first. Providing complete and
satisfactory services to all organizations big or small while implementing our core values of Honesty,
Professionalism, and Quality Customer Service.
Ranger Guard and Investigations was founded in 2009 and currently provides complete security
services to many businesses large and small. Our services include multiple industries including
industrial, commercial, non-profit, political, religious, private Events and many more professional
organizations and agencies throughout the state.
Services:
• Mobile Patrol
• Access Control
• Loss Prevention
• Crowd Management
• Energy Infrastructure Security
• Guided / Personalized Surveillance
• Safety and Work Regulations Enforcements
• Terminations/Disgruntled Employee Situations
• And much more!
Guards and Standards:
All guards are certified, licensed, insured, bonded and screened to the standards of the United
States Government Secret Clearance Program.
Ranger Guard uses the latest and most advance technology that helps monitor for accountability,
patrol activity and provide our clients with precise information about their facility and our output.
Reports pertaining to guard activity or incident logging can be submitted to clients daily or weekly.
You are the key partner in the security process. We work hard and focus on your expectations
because we care.
Services Proposed:
Dedicated Security Officer Service:
Armed Officer
$40.00 per hour per officer with a 6 hour
shift minimum per officer
Dedicated Security Officer Service:
Unarmed Officer
$32.00 per hour per officer with a 6 hour
shift minimum per officer
By accepting this proposal, you give us the authority to carry out this service as outlined above.
Please also be advised that all invoices are due to be paid in advance.
Kindest Regards,
Ranger Guard
DocuSign Envelope ID: A0318BE1-DAC5-4EC6-B7AF-DFB8001E62C2
339
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the
date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
DocuSign Envelope ID: A0318BE1-DAC5-4EC6-B7AF-DFB8001E62C2
GROUP FOR HORIZON ENTERTAINMENT INC dba
RANGER GUARD & INVESTIGATIONS
EXHIBIT E
X
n/a
3/24/2020
n/a
340
Certificate Of Completion
Envelope Id: A0318BE1DAC54EC6B7AFDFB8001E62C2 Status: Completed
Subject: ***Purchasing Approval*** 7340-Security Guard Contract
Source Envelope:
Document Pages: 34 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 0 Crystal Westbrook
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
3/24/2020 3:01:02 PM
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 3/24/2020 3:09:50 PM
Viewed: 3/24/2020 3:09:57 PM
Signed: 3/24/2020 3:13:57 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jonah Nathan
jonah@rangergi.com
Vice President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 98.197.30.139
Sent: 3/24/2020 3:13:59 PM
Viewed: 3/24/2020 3:22:59 PM
Signed: 3/24/2020 3:33:54 PM
Electronic Record and Signature Disclosure:
Accepted: 3/24/2020 3:22:59 PM
ID: 85f765d0-6188-4c61-933e-6e5a5b01cfb4
Sarah Kuechler
sarah.kuechler@cityofdenton.com
Director of Public Affairs/IGR
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 3/24/2020 3:33:56 PM
Viewed: 3/24/2020 3:38:51 PM
Signed: 3/24/2020 3:42:33 PM
Electronic Record and Signature Disclosure:
Accepted: 3/24/2020 3:38:51 PM
ID: a982e273-462d-4264-a628-d0ed879b9bf5
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 3/24/2020 3:42:35 PM
Viewed: 3/24/2020 3:43:41 PM
Signed: 3/24/2020 3:43:56 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
341
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Danielle Shaw
Danielle.Shaw@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 3/24/2020 3:43:58 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 3/24/2020 3:43:58 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cassandra Ogden
cassandra.ogden@cityofdenton.com
Director of Procurement and Compliance
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 3/24/2020 3:43:59 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/24/2020 3:43:59 PM
Certified Delivered Security Checked 3/24/2020 3:43:59 PM
Signing Complete Security Checked 3/24/2020 3:43:59 PM
Completed Security Checked 3/24/2020 3:43:59 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
342
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Jonah Nathan, Sarah Kuechler
343
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
344
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.
345
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A
CONTRACT BETWEEN THE CITY OF DENTON AND GROUP FOR HORIZON
ENTERTAINMENT INC. DBA RANGER GUARD & INVESTIGATIONS, AMENDING THE
CONTRACT APPROVED BY PURCHASING ON MARCH 24, 2020, IN THE NOT-TO-EXCEED
AMOUNT OF $49,000; SAID FIRST AMENDMENT TO PROVIDE DEDICATED SECURITY
OFFICER SERVICES FOR THE CITY OF DENTON IN ACCORDANCE WITH TEXAS LOCAL
GOVERNMENT CODE 252.022, WHICH PROVIDES THAT PROCUREMENT OF
COMMODITIES AND SERVICES MADE BECAUSE OF PUBLIC CALAMITY OR TO
PRESERVE OR PROTECT THE PUBLIC HEALTH OR SAFETY OF THE MUNICIPALITY’S
RESIDENTS IS EXEMPT FROM COMPETITIVE BIDDING, AND IF OVER $50,000 SHALL BE
AWARDED BY THE GOVERNING BODY; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7340 – PROVIDING
FOR AN ADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED
$33,000, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $82,000).
WHEREAS, on March 24, 2020, the City awarded a contract to Group for Horizon
Entertainment Inc. dba Ranger Guard & Investigations in the amount of $49,000 for security guard
services for the City of Denton; and
WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or
payment by the City in an amount exceeding $50,000 be by competitive bids, except in the case of
public calamity where it becomes necessary to act at once to appropriate money to relieve the
necessity of the citizens of the city, or in case of unforeseen damage to public property, machinery or
equipment or where the procurement is necessary to preserve or protect the public health or safety of
the city's residents under Section 252 of the Local Government Code; and
WHEREAS, the City Manager has recommended to the City Council that it is necessary to
purchase goods or services due to the COVID-19 emergency conditions; and
WHEREAS, the additional fees under the proposed First Amendment are fair and reasonable
and are consistent with and not higher than the recommended practices and fees applicable to the
Provider’s profession and such fees do not exceed the maximum provided by law; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The First Amendment, increasing the amount of the contract between the City
and Group for Horizon Entertainment Inc. dba Ranger Guard & Investigations, which is on file in the
office of the Purchasing Agent, in the amount of Thirty-Three Thousand and 00/100 Dollars
($33,000), is hereby approved and the expenditure of funds therefor is hereby authorized in
accordance with said amendment. The total contract amount increases to $82,000.
346
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
SECTION 3. The City Council hereby determines that there is a public calamity that makes
it necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or
to provide for unforeseen damage to public property, machinery or equipment, or to preserve or
protect the public health or safety of the City's residents and by reason thereof, the emergency
purchase of materials, equipment, supplies or services, as described in the First Amendment are
hereby approved.
SECTION 4. Because of such emergency, the City Manager, or designated employee, is
hereby authorized to purchase the materials, equipment, supplies or services as described in the First
Amendment and to make payment therefore in the amounts therein stated, such emergency purchases
being in accordance with the provisions of state law exempting such purchases by the City from the
requirements of competitive bids.
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
347
348
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 0080A4AC-6A91-4FDC-8299-85166680C551
Crystal Westbrook
7340FILE
Not Applicable
SECURITY GUARD-DOE-CITY WIDE
349
1
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND GROUP FOR HORIZON ENTERTAINMENT INC. dba RANGER GUARD
& INVESTIGATIONS 7340
THIS FIRST AMENDMENT TO CONTRACT 7340 (this “Amendment”) by and
between the City of Denton, Texas (“City”) and GROUP FOR HORIZON
ENTERTAINMENT INC. dba RANGER GUARD & INVESTIGATIONS (“Contractor”)
to that certain contract executed on March 24, 2020, in the original not-to-exceed amount
of $49,000 (the “Agreement”); for services related to the Security Guard Services;
WHEREAS, the City deems it necessary to further expand the services provided by
Consultant to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount $33,000 with this First Amendment for an aggregate not-to-exceed
of $82,000.
WHEREAS, the City deems it necessary to further expand the goods/services
provided by Consultant to the City; and
NOW THEREFORE, the City and Consultant (hereafter collectively referred to as the
“Parties”), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following First Amendment,
which amends the following terms and conditions of the said Agreement, to wit:
1. This Amendment modifies the Agreement amount to provide an additional $33,000
for additional services and materials to be provided in accordance with the terms of
the Agreement with a revised aggregate not-to-exceed total of $82,000.
The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the City and the Consultant, have each executed this
Amendment, by and through their respective duly authorized representatives and officers
on this date_______________________________________.
GROUP FOR HORIZON
ENTERTAINMENT INC. dba RANGER
GUARD & INVESTIGATIONS
By: _____________________________
AUTHORIZED SIGNATURE, TITLE
CITY OF DENTON, TEXAS
BY: _____________________________
TODD HILEMAN
CITY MANAGER
DocuSign Envelope ID: 0080A4AC-6A91-4FDC-8299-85166680C551
350
2
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _______________________________
DocuSign Envelope ID: 0080A4AC-6A91-4FDC-8299-85166680C551
Public Affairs
Sarah Kuechler
Chief of Staff
351
Exhibit
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
DocuSign Envelope ID: 0080A4AC-6A91-4FDC-8299-85166680C551
GROUP FOR HORIZON ENTERTAINMENT INC.
dba RANGER GUARD & INVESTIGATIONS
CIG
n.a
X
X
X
X
6/2/2020
n/a
352
Certificate Of Completion
Envelope Id: 0080A4AC6A914FDC829985166680C551 Status: Sent
Subject: Please DocuSign: City Council Contract 7340-1st Amendment
Source Envelope:
Document Pages: 4 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 1 Crystal Westbrook
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
6/2/2020 2:07:44 PM
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 6/2/2020 2:10:11 PM
Viewed: 6/2/2020 2:10:36 PM
Signed: 6/2/2020 2:12:06 PM
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)
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 6/2/2020 2:12:09 PM
Viewed: 6/2/2020 2:51:18 PM
Signed: 6/2/2020 2:51:44 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 6/2/2020 2:51:46 PM
Viewed: 6/2/2020 3:47:45 PM
Signed: 6/2/2020 3:48:28 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jonah Nathan
jonah@rangergi.com
Vice President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 98.199.9.224
Sent: 6/2/2020 3:48:30 PM
Viewed: 6/2/2020 3:49:59 PM
Signed: 6/2/2020 3:50:38 PM
Electronic Record and Signature Disclosure:
Accepted: 6/2/2020 3:49:59 PM
ID: b8f77397-3fc0-49c5-999d-ada53ed4dd6f
353
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1025,Version:1
AGENDA CAPTION
Consider approval of the minutes of May 29, 2020.
City of Denton Printed on 6/5/2020Page 1 of 1
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Name Last Address City Agenda Item Position Method CommentsSteven Dillenberg 1004 Abbots Lane Denton 20-980 Opposition TelephoneReported he would be providing links to the information to be referenced in his commentary. Inopposition to any order that affect people's rights. Read letter dated August 29, 2016 from scientistswithin CDC claiming corruption and expressing concerns of things being asked to do as well as fundingpossibly being diverted elsewhere. Letter to be emailed to City Council.NOTE: Comments for those citizens addressing the City Council are an abbreviated summary.May 29, 2020 City Council Regular Meeting - EXHIBIT ASpeaker Commentaries/RegistrationsOnline, Email, Phone360
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1034,Version:1
AGENDA CAPTION
Consider adoption of a resolution of the City Council of the City of Denton in support of the Original Denton
District’s application for the Arts Respond -Cultural District Project grant from the Texas Commission on the
Arts (TCA);authorizing the Original Denton District to execute a letter of support;and providing an effective
date. The Public Art Committee recommends approval (8-0).
City of Denton Printed on 6/5/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CFO: Antonio Puente, Jr.
DATE: June 9, 2020
SUBJECT
Consider adoption of a resolution of the City Council of the City of Denton in support of the Original
Denton District’s application for the Arts Respond - Cultural District Project grant from the Texas
Commission on the Arts (TCA); authorizing the Original Denton District to execute a letter of support; and
providing an effective date. The Public Art Committee recommends approval (8-0).
BACKGROUND
The Original Denton District (ODD) was named an official state-designated cultural arts district by the
Texas Commission on the Arts (TCA) on September 5, 2020. With this designation, ODD is now eligible
to apply for funding for projects through the TCA Arts Respond - Cultural District Project grant program.
A summary of the program, including eligibility and requirements is below:
Cultural District Project
Eligibility: TCA Cultural District; Verified College Arts Institution, Established Arts Organizations,
Government Local Arts Agencies, Local Arts Agencies, Rural Arts Providers located within a TCA
Designated Cultural District
Intent: Projects that use the arts to diversify local economies, generate revenue, and attract visitors and
investment.
This program provides project assistance grants on a short-term basis and may include administrative
costs directly related to the project.
This program is designed for projects that focus on significant cultural tourism projects. These projects
should serve at least one of the following:
o High quality arts programming that will attract a significant number of visitors from 50 miles or
more outside the community (i.e., blockbuster art exhibitions, national or regional premieres, major
festivals)
o Enhancements to the cultural district to make it more accessible, attractive, cohesive-looking, and
safe for visitors
o Improved signage and wayfinding for the district
o Promotion of the district; this may include the district’s website, branding, and marketing
o Organizational support for the management and operations of the district (TCA Cultural District
only)
These grants may include capital improvements. Grant Type: Annual
Application Limit: Organizations may submit one application per deadline. Minimum Request: $3,000 Maximum Request: 50% of project budget, not to exceed $250,000
Match Requirement: dollar for dollar (1:1)
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
362
Application Deadline: June 15 for projects beginning September 1 through Aug. 31
Based on the grant criteria and application requirements, staff reviewed the list of current and future projects
to determine which, if any, public art or cultural district projects were eligible to be submitted for the grant.
The proposed project is a signature public art piece/monument to honor the women and work of the DWIF.
Based on similar scale projects, the proposed budget for the project is $80,000, with $40,000 being
requested from the TCA grant and at least $40,000 being committed from the PAC’s HOT funds. A grant
may be awarded in a lower amount, depending on the application’s score, which could lead to additional
funding needing to be allocated to the project. TCA has also stated that this is a highly competitive grant
process and many applications will likely go unfunded in this round.
A copy of the project narrative is attached as Exhibit 4. Staff is working to complete the full application
through the TCA online grant portal and, with approval of this agenda item, will ensure the full application
is submitted prior to the June 15 deadline.
A letter of support from the Original Denton District committee chair (PAC Chair) expressing the cultural
district supports the project is required as part of the grant application. The PAC reviewed the submission
at their June 4, 2020 meeting, and approved the project and the issuance of a letter of support on behalf of
the cultural district. The PAC is still reviewing locations for the project, but the project must be sited within
the Original Denton District (map below).
PRIOR ACTION/REVIEW
June 4, 2020 – The Public Art Committee recommended approval (8-0).
EXHIBITS
1. Agenda Information Sheet
2. Resolution
3. Draft Letter of Support
4. Project Narrative
Respectfully submitted:
Jessica Rogers
Director of Economic Development
363
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON IN SUPPORT OF
THE ORIGINAL DENTON DISTRICT APPLICATION FOR THE ARTS RESPOND -
CULTURAL DISTRICT PROJECT GRANT FROM THE TEXAS COMMISSION ON THE
ARTS; AUTHORIZING THE ORIGINAL DENTON DISTRICT TO EXECUTE A LETTER OF
SUPPORT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton has established and designated the
Original Denton District, as a cultural district of the City of Denton; and
WHEREAS, the Original Denton District is a nationally recognized area with a decades-
long tradition of art, music, entertainment, cultural heritage, and historic preservation; and
WHEREAS, the Original Denton District is home to a large concentration of art, artists,
musicians, performance venues, restaurants, bars, festivals, parades, community events, historic
sites, parks, and complementary businesses that contribute to the local creative economy and
enhance the culture and attractiveness of Denton for residents and visitors; and
WHEREAS, the City’s history, location, and the influence of the University of North Texas
and Texas Woman’s University, together with an artistic, musical, and entrepreneurial culture have
made the Original Denton District a cultural destination that attracts more than 1 million visitors
annually; and
WHEREAS, the City has a vision to further enhance the cultural amenities and assets
located in the Original Denton District, preserve Denton’s heritage and history, promote the unique
and thriving art and music scene, and manage compatible and sustainable growth to foster
neighborhood pride and protect community character; and
WHEREAS, pursuant to Section 444.031 of the Texas Government Code, the Texas
Commission on the Arts has authority to designate cultural districts in cities across Texas to create
special zones that harness the power of cultural resources to stimulate economic development and
community revitalization; and
WHEREAS, the Original Denton District was named a state-designated cultural arts
district by the Texas Commission on the Arts on September 5, 2019; and
WHEREAS, the Texas Commission on the Arts administers an annual grant program called
the Arts Respond – Cultural District Project; and
WHEREAS, the City has developed the necessary application materials and desires to
make an application to the Texas Commission on the Arts through the Original Denton District for
an Arts Respond – Cultural District Project grant; and
WHEREAS, the Arts Respond – Cultural District Project grant application requires a letter
of support from the cultural district management; NOW, THEREFORE,
364
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council supports the Original Denton District’s effort to apply for
an Arts Respond – Cultural District Project grant. The City endorses the submission of an
application and agrees to participate in the development and financial support of the proposed
project.
SECTION 2. The City Manager, or his designee, is authorized to sign and submit an
application to the Texas Commission on the Arts seeking an Arts Respond – Cultural District
Project grant.
SECTION 3. The Original Denton District, through the Public Art Committee, is
authorized to submit a letter of support as required by the Texas Commission on the Arts (TCA)
Arts Respond – Cultural District Project grant application.
SECTION 4. The City Council directs staff to actively support, develop, and maintain the
Original Denton District by fulfilling the responsibilities and funding obligations for the proposed
project in the Arts Respond – Cultural District Project grant application.
SECTION 5. This resolution is effective immediately upon its passage.
The motion to approve this resolution was made by __________________________ and
seconded by _____________________________, the resolution was passed and approved by the
following vote [____-____]:
Aye Nay Abstain Absent
Mayor, Chris Watts: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely 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
365
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The Original Denton District
215 E. McKinney St., Denton, TX 76201 ■ (940) 349-7776
www.OriginalDentonDistrict.com
June 15, 2020
Jim Bob McMillan
Deputy Director
Texas Commission on the Arts
Cultural District Grant Program
PO Box 13406
Austin, TX 78711
Dear Mr. McMillan,
This letter is to express the full support of the City of Denton Public Art Committee for the Original Denton District’s
application for the Arts Respond – Cultural District Project. The project proposal is fully supported by the Public Art
Committee and the City Council of the City of Denton.
The Original Denton District’s application for a public art piece/monument to honor the legacy of the Denton Women’s
Interracial Fellowship (DWIF) is unique in that in merges history and art in a manner that honors our past, but will
also provide a reminder to visitors and tourists in Denton of the power of fellowship and community. Our intent is to
develop a signature work that will attract both patrons of the arts and students of history.
As members of the Public Art Committee and as the primary oversight committee of the Original Denton District, we
will take an active role in all aspects of the project, including development, design, funding, marketing, and
celebration. As the project kicks off, we will help with the selection of an artist and review proposals. Our committee’s
expertise in the areas of art, architecture, community engagement, history, and more, will allow us to choose a
design that best represents our community and project goals. We will also rely on our valuable relationship with the
Greater Denton Arts Council to assist in hosting community engagement sessions and hold meaningful
conversations to ensure our project represents our community. We will also engage the living members of the DWIF
to better understand their work, and ensure the art monument accurately reflects their lasting legacy in our
community. Throughout design and construction, we will serve in an oversight role. Lastly, once the piece is installed,
we will assist with project marketing through our regular marketing budget, and through our connections with arts and
tourism organizations in Denton and throughout Texas.
We are honored and pleased to submit to you this project for consideration. We look forward to using the TCA grant
to develop a work of art that can honor our community and inspire all who visit.
Sincerely,
Monet Franklin
Chair, City of Denton Public Art Committee
367
v. Tuesday, June 2, 2020
1
Original Denton District
2020 Cultural District Grant Application
DRAFT– NOT FINAL APPLICATION
One page organizational history (approximately 400 words)
Denton is a community like no other – we’re welcoming, innovative, creative,
diverse, unique, and authentic. We’re a diverse ecosystem of individuals, living and
working in a thriving community where being different is part of our daily routine.
We’re originally Denton, but some may call us “odd”…and we’re okay with that!
Acknowledging the city’s unique cultural heritage, artistic environment, and
innovative spirit, the Original Denton District (ODD), Denton’s first cultural district,
was approved by the Texas Commission on the Arts in September 2019. ODD was
formed around a vision to support downtown Denton as a unique cultural
destination that celebrates the diversity of art and artists that enhance the vibrancy
of our public and cultural spaces and integrates art, culture, music, innovation, and
history. ODD’s mission was, and remains, enhancing Denton’s unique character and
vibrant creative economy by supporting the diversity of cultural amenities that
celebrate our history, define our present, and curate our future.
Since its formation, ODD has supported the district’s mission and vision by
implementing the Cultural District Plan and the Marketing Plan adopted as part of
the cultural district designation process. Primary work has been done in the areas of
strategic planning, forming partnerships, and beginning to brand and develop a
public image and marketing campaign to encourage cultural tourism. In only a few
months, ODD has moved forward with initiating a conceptual plan for a new
performance venue; participating in an affordable housing study and a historic
preservation plan; building an audience on social media platforms; promoting
cultural tourism events hosted by local partners; increasing placemaking discussions
and integrating placemaking into district design, events, and promotions.
Although the ongoing COVID pandemic has greatly impacted signature cultural
events held in the District, ODD team members have worked to create new spaces in
which to share arts, music, and culture in the District. Examples of this was the
transformation of the traditional Twilight Tunes series into a virtual event, the
promotion of a virtual film, photography, art, and music exhibitions and concerts,
and helping local businesses convert to online sales.
368
v. Tuesday, June 2, 2020
2
While we don’t yet know the full impact of the pandemic in ODD, creativity, artistic
expression, music, and history remain driving forces in the character and charm of
our unique community. And, it is our hope that our ability to honor and promote the
arts in Denton will allow us to come back stronger than ever.
One page project description (include specific information on the project including
the key personnel, targeted audience, and goals) (approximately 400 words)
The project being proposed in this application is the development of a signature
public art piece and monument that honors the legacy of the Denton Women’s
Interracial Fellowship (DWIF). The DWIF was a group of black and white women who,
through fellowship and hard work, helped integrate the Denton community in the
1960s. The group emerged in response to the challenges of strained race relations in
Denton as local schools were integrated. Their efforts significantly impacted the lives
of black residents, including increasing enrollment of black students at Denton High
School, increasing black political participation in all levels of government, and
demonstrating the differing conditions between black and white neighborhoods.
Their civic and community engagement demonstrated the power of community in
overcoming social injustices.
The goals of the project are to develop an art installation that memorializes the work
of the DWIF through artistic expression and conveys the importance of togetherness
and community to all who visit the cultural district. By telling the story of the DWIF
through art, viewers can experience our shared history, but also understand how the
values of kindness and understanding can overcome social divisions. In addition, the
piece would be a reminder, that even today, our differences do not have to define
our communities, but can be a mechanism through which we come together. By
merging Denton history and culture together through art, this permanent installation
will be a signature piece in ODD.
To bring the project to fruition, many groups will work together. Key personnel
include the Public Art Committee, the living members of the DWIF, the Greater
Denton Arts Council, and the community at-large. Together, these groups will review
artist proposals and concepts and select a design that ultimately honors the work of
the DWIF and is of the highest artistic quality. A key step in the process will be the
inclusion of the Denton community at-large through community conversations
hosted by the Greater Denton arts Council to ensure that the piece not only honors
the past, but looks to the future, and inviting cultural tourists to learn more about
the work of an incredible group of women.
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v. Tuesday, June 2, 2020
3
The targeted audience for this piece will be cultural historians, students of racial
equality, civil rights, and peaceful demonstration, and art enthusiasts who value and
celebrate the ability to use art to tell stories and evoke emotions. The piece will draw
in visitors through its creative marriage of history and art.
How will this project attract cultural tourists to your Cultural
District? (approximately 200 words)
Tourists and visitors are drawn to Denton because of its thriving music and art scene,
cultural heritage events, well-preserved town square, and unique shopping and
dining experiences. The addition of a signature public art piece that connects both
history, art, and culture will increase the attractiveness for visitors seeking an outside
the box Texas experience.
The first way to attract visitors with the DWIF art memorial will be through a well-
promoted unveiling event. Depending on the timing of the completion of the piece,
this could coincide with a number of spring/summer 2021 events, such as Denton’s
Arts & Jazz Festival which attracts hundreds of thousands of visitors. In addition, the
piece itself could be used on educational field trips for elementary, secondary, or
post-secondary students. Also, the piece could attract those seeking a unique
historical, art, or cultural experience. Visitors come to Denton every day to
experience art, music, and more, and this piece could be a unique experience that
integrates art and history.
How will you track the economic impact of this project? (approximately 200 words)
While it is incredibly difficult to track the direct economic impact of a singular art
piece beyond the expenditure of its budget, art itself is a key driver in both tourist
attraction and tourist engagement in Denton. We will track visitors to the signature
art piece by sampling visits on given days, tracking mentions or geotags on social
media, and work with businesses and organizations in close proximity to the art
installation to detail estimated impacts of visitors.
In addition, we will promote the art piece in partnership with the Denton Convention
and Visitors Bureau, Denton Main Street Association, Greater Denton Arts Council,
and other relevant organizations. This will allow us to track inquiries and visits
arranged by or recorded by those organizations. With estimates of visitors, ODD can
estimate the dollars spent by visitors using equations from the Americans for the
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v. Tuesday, June 2, 2020
4
Arts or the Travel Industry Association of America. This can help approximate the
ongoing economic impact of the art piece.
Because the piece is a public art piece, it will be located in a prominent location that
anyone will be able to experience and enjoy, in hopes that every visitor to Denton
will get the opportunity to learn from our past through a unique art-centric
experience.
How will you ensure the artistic quality of this project will be high? (approximately
200 words)
The City of Denton maintains a high commitment to the quality of art projects it
supports. The City does this by having a well-qualified, diverse Public Art Committee
(PAC), which is responsible for making recommendations regarding public art
projects and cultural district management. The PAC includes individuals with
expertise in art (including both artists and supporters), art curation, photography,
architecture, music, film, and more. The PAC maintains high standards in regards to
the procurement of art and follows a robust policy.
In addition, the City of Denton released its first ever Request for Qualifications (RFQ)
to develop a prequalified artist list in late 2019. This RFQ required artists to submit
examples of quality work. Through a detailed process, more than 170 artist
submissions were reviewed for artistic quality, with 54 artists scoring marks high
enough to place them on the prequalified list. The approval of a highly competitive
list demonstrates that Denton already has access to a pool of extraordinarily talented
and high quality artists through which to seek proposals for this project. This
enhances ODD’s ability to complete the project and deliver a significant and
meaningful public art piece.
371
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1110,Version:1
AGENDA CAPTION
Consider approval of a resolution of support for the Mayor’s commitment to 1) reviewing use-of-force policies,
2) engaging the community in such review by including diverse input, 3) reporting the findings of the review to
the community and seeking feedback, and 4) reforming use-of-force policies; creating an ad hoc Use-of-Force
Review Committee; confirming the charge for the Committee; and declaring an effective date
City of Denton Printed on 6/5/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM/ DCM/ ACM: Todd Hileman
DATE: June 9, 2020
SUBJECT
Consider approval of a resolution of support for the Mayor’s commitment to 1) reviewing use-of-force
policies, 2) engaging the community in such review by including diverse input, 3) reporting the findings
of the review to the community and seeking feedback, and 4) reforming use-of-force policies; creating an
ad hoc use-of-force review committee; confirming the charge for the committee; and declaring an
effective date.
BACKGROUND
On May 25, George Floyd, an unarmed person of color, died while in the custody of officers of the
Minneapolis Police Department. This senseless death has stirred a national debate for the need to review
and improve the equitable and proper use-of-force by public safety entities across the nation. Locally,
residents have led and joined in demonstration and protests to express their outrage at the death of George
Floyd, their concern that the use-of-force by police on persons of color across the United States has been
committed in a discriminatory and disproportionate manner that has resulted in injury or death, and the
desire to have such policies and practices of the Denton Police Department reviewed.
Denton Police Chief Frank Dixon not only fully supports the need for police reform, but also heavily
supports the “8 Can’t Wait” initiative by Campaign Zero (8cantwait.org/). The initiative encourages
police departments across the country to adopt 8 measures in the effort to reduce violent encounters
between police and citizens. Currently, very few cities in the U.S. have reported having adopted all eight
measures. The Denton Police Department has very intentionally and deliberately continued to review and
update all General Orders (policies) in place prior to 2018. That process continues today. To see an
updated version of current Denton Police Department General Orders, go to www.cityofdenton.com/en-
us/all-departments/public-safety/police and click on the link “General Orders” (Updated Monthly) under
Documents and Forms.
Within these general orders, the Denton Police Department has adopted the eight (8) measures (see
below) prescribed by Campaign Zero. The ongoing process to refine and improve the all General Orders
continues today.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
373
Chief Dixon has also asked for and supports Mayor Watts in joining former President Obama’s “Commit
to Action” initiative for police reform. The national initiative, led by former President Obama and My
Brother’s Keeper Alliance, calls on mayors across the nation to commit to:
1. REVIEW your police use of force policies.
2. ENGAGE your communities by including a diverse range of input, experiences, and stories in
your review.
3. REPORT the findings of your review to your community and seek feedback.
4. REFORM your community’s police use of force policies.
Referred to as the Commit to Action pledge, it asks mayors to commit to take the above actions and report
on progress within 90 days. Mayor Watts intends to sign the pledge and immediately take action to form
an Ad-Hoc committee to review police use-of-force policies and develop a report of findings and
recommendations to the Mayor and City Council.
The Ad-Hoc committee will be made up of diverse stakeholders and community members. The following
is a list of 18 members that Mayor Watts plans to extend an invitation:
• Representative from the National Association for the Advancement of Colored People (NAACP)
• Representative from League of United Latin American Citizens (LULAC)
• Representative from the National Organization of Black Law Enforcement Executives (NOBLE)
University of North Texas College Chapter
• Denton Police Training Advisory Committee Member Sheryl English
• Representatives from University of North Texas (UNT), Texas Woman’s University (TWU), and
North Central Texas College (NCTC)
• LGBTQ Community Representatives, Dr. Carmen Cruz and 1 resident pending contact
• Faith Community Representatives, Reverend Cedric Chambers and Reverend Beau Hughes
• Community and Citizen Representatives, John Baines, Rhonda Love, Gary Henderson, Katina
Stone Butler, and Jarell Butler
• Representative from the Denton Police Officers Association (DPOA), Donnie Carr
• Representative from the Denton Municipal Police Association (DMPA), Tom Birckbichler
Mayor Watts has asked John Baines to serve as chair of the ad-hoc committee. Chief Dixon, Denton
Police Accreditation and Compliance Unit Representative Dr. Richard Williams, City Manager Todd
Hileman, Deputy City Attorney Mike Cronig, and City Council Member Jesse Davis would serve as ex-
officio members to the Ad-Hoc committee.
The attached resolution (Exhibit 2) would affirm City Council’s support for Mayor Watts to sign the
Commit to Action pledge and support to immediately engage an Ad-Hoc committee made up of
community representatives to review use-of-force policies and bring back recommendations and a report
to City Council within 90 days.
EXHIBITS
Exhibit 1 – Agenda Information Sheet
374
Exhibit 2 – Resolution
Respectfully submitted:
Frank Dixon
Chief of Police
Sarah Kuechler
Chief of Staff
375
376
377
378
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1069,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing
the Mayor to execute an Interlocal Agreement with Denton County to address the impact of the public health
emergency with respect to the Coronavirus pandemic; providing an effective date.
City of Denton Printed on 6/8/2020Page 1 of 1
powered by Legistar™379
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Finance
CFO: Antonio Puente, Jr.
DATE: June 9, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the Mayor to execute an Interlocal Agreement with Denton County to address the impact of
the public health emergency with respect to the Coronavirus pandemic; providing an effective date.
BACKGROUND
The City has experienced significant costs related to the COVID-19 pandemic and anticipates costs to
increase over the coming months. This Interlocal Agreement with Denton County provides Coronavirus
Relief Fund (CRF) funding assistance available through the Coronavirus Aid, Relief, and Economic
Security (CARES) Act.
CRF funds were directly distributed to local governments with populations greater than 500,000. While the
City did not receive a direct distribution, the County received approximately $148 million in CRF funding.
The County approved a program to distribute $45 million to cities within Denton County. The distribution
to cities will be based on $55 per capita and allocates $7,619,755 to the City of Denton. The City has
requested full, upfront funding to be managed by the City. To be eligible for funding, expenses must have
been incurred between March 1, 2020, and December 30, 2020 and be related to the public health
emergency.
The Interlocal Agreement outlines the parameters and process for administering the funds. The County
Treasurer will submit payment to City after the Interlocal Agreement is executed.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On May 29th, staff presented an overview of CRF funding to City Council.
RECOMMENDATION
Staff recommends approval of the Interlocal Agreement with Denton County.
EXHIBITS
1 – Agenda Information Sheet
2 – Ordinance
2 – Presentation
Respectfully submitted:
David Gaines, 349-8260
Director of Finance
Prepared by:
Nick Vincent, 349-8063
Assistant Director of Finance
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
380
ORDINANCE NO. _______________
AN ORDINANCE BY THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT WITH DENTON COUNTY TO ADDRESS THE IMPACT OF THE PUBLIC
HEALTH EMERGENCY WITH RESPECT TO THE CORONAVIRUS PANDEMIC;
PROVIDING AN EFFECTIVE DATE
WHEREAS, the attached Coronavirus Relief Fund Interlocal Cooperation Agreement (the
“Agreement”) establishes a COVID-19 Municipality Funding Program (“Program”) between the
City of Denton and Denton County for the use of funding received under the Coronavirus Relief
Fund (“CRF”), as provided for in the Coronavirus Aid, Relief, and Economic Security Act
(“CARES Act”); and
WHEREAS, the Agreement between the City of Denton and Denton County specifies the
amount, conditions, and responsibilities of the Program; and
WHEREAS, the City of Denton and the Denton County wish to cooperate and enter into
the Agreement for the orderly and efficient processing of CRF funds; and
WHEREAS, the City Council of the City of Denton finds that the Agreement is in the best
interests of the citizens of the City of Denton, and that a valid governmental public purpose would
be served by entering into the Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The Agreement with Denton County, relating the duties and obligations
involved with the coordination of federal funding received under the CARES Act to address and
respond to the impact and effects of the COVID-19 emergency, attached hereto and made a part
hereof by reference, is hereby approved.
SECTION 2: The Mayor is hereby authorized to execute on behalf of the City of Denton
the Agreement with Denton County.
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 _________________________________; this Ordinance was passed and approved by
the following vote [___ - ___]:
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Interlocal Cooperation Agreement
Coronavirus Relief Fund- Municipality Distribution
5/28/2020
CORONAVIRUS RELIEF FUND
INTERLOCAL COOPERATION AGREEMENT
Denton County and the City of Denton, Texas
This Interlocal Cooperation Agreement (“Agreement”) is entered into by and between Denton
County, Texas (the “County”) and the City of Denton Texas (the “Municipality”), pursuant to
Chapter 791 of the Texas Local Government Code, to address the impact of the public health
emergency with respect to the Coronavirus pandemic (“COVID-19”).
GENERAL
1. Coronavirus Relief Fund. The County has received federal funding under the
Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) to address and respond
to the impact and effects of the COVID-19 emergency.
2. County Authority. The Resolution of the Denton County, Texas Commissioners Court,
under Chapter 381 of the Local Government Code, lawfully establishing a COVID-19
municipality funding program (the “Municipality Program”), allowing the County to grant
money to your Municipality, is attached hereto as Attachment A and incorporated by reference
herein. Funds were received by the County from the US Department of the Treasury (the
“Treasury”) under the Coronavirus Relief Fund (“CRF”), as provided for in the CARES Act. The
use of these CRF funds to assist a municipality of the County with their expenditures incurred
due to the effects of COVID-19 and to potentially fund a local grant program are legitimate and
lawful uses of the CRF funds.
3. Municipality Authority. The Orders of the Municipality, establishing a COVID-19
emergency program or programs, allowing it to make grants of its award, is attached hereto and
incorporated by reference herein. The Municipality represents and warrants that its programs
will be in full compliance with Chapter 380 of the Local Government Code.
4. Inspector General Oversight & Recoupment. Section 601(f) provides that the Inspector
General of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and
use of CRF funds. If the Inspector General determines that a unit of local government has failed
to comply with the use of funds rules (as described herein in Paragraphs 10-16, “Use of Funds”),
the amount of CRF funds in noncompliance shall be “booked as a debt of such entity owed to the
federal government.” The conditions and restrictions on the use of the CRF funds follows to all
recipients, from the County, to the Municipality, to businesses and individuals that receive such
funds.
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GRANT
5. Amount. Subject to the terms and conditions of this Agreement, the County agrees to
grant and transfer to the Municipality the sum of $7,619,755 of its CRF funds (“Municipal
Funds”).
6. Separate Bank Account. The Municipality agrees to deposit these Municipal Funds into a
separate, segregated account created solely for holding and disbursing these Municipal Funds.
The account must be an interest bearing account and similarly insured and protected in the same
manner as the Municipality’s other funds.
7. Calculation of Municipal Funds. The initial calculation of the grant amount of funds is
based on the higher of the Municipality’s 2019 NCTCOG estimated population (138,541) or
2018 ACS estimated population (134,460), multiplied by $55.00 per capita (“the Maximum
Allocation”). That amount is reduced by:
a. the excess of the Maximum Allocation minus budgeted amount of eligible funds
(as defined in Paragraph 8(a)), and further reduced by;
b. the amount of funds redirected and contributed to the County’s programs (e.g.,
small business, housing and food programs), at the election of the Municipality,
which is included in the Municipality’s proposed budget in Paragraph 8(a).
8. Conditions. Before receiving Municipal Funds, the Municipality must:
a. provide the County with a proposed budget, which includes your contribution to
the County’s programs (e.g., small business, housing and food programs), and
description of eligible uses of Municipal Funds (“Budget of Expenditures and
Description of Intended Uses”). The form to complete your Budget of
Expenditures and Description of Intended Uses is attached as Attachment B;
b. agree to participate in the County’s CRF Compliance Forum (the “Forum”); and
c. provide a copy of the appropriate Chapter 380 documentation.
RESPONSIBILITIES OF THE MUNICIPALITY
9. The responsibilities of the Municipality are:
a. to comply with all terms and conditions of the CARES Act;
b. to use Municipal Funds in compliance with the CARES Act;
c. to promptly return to the County any Municipal Funds not used;
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Coronavirus Relief Fund- Municipality Distribution
d. to participate in the Forum;
e. to maintain proper and adequate records of its own expenses, including monthly
uploads to Dropbox, and supporting documentation of the expenditures, and
provide copies of, or access to such, at any time as required by the County;
f. to maintain proper and adequate records of the expenses of any grantees of
Municipal Funds, including monthly uploads to Dropbox, and supporting
documentation of the expenditures, and provide copies of, or access to such, at
any time as required by the County;
g. to return the Statement of Compliance Certificate by February 1, 2021;
h. to cooperate and coordinate with other members in the Forum concerning a
federal compliance audit; and
i. to comply with Chapter 381 and Chapter 380, if applicable.
USE OF FUNDS
10. Amounts paid from the Treasury’s Coronavirus Relief Fund are subject to the restrictions
outlined in the Guidance for State, Territorial, Local, and Tribal Governments (dated April 22,
2020) and set forth in section 601(d) of the Social Security Act, as added by section 5001 of the
CARES Act. See Attachment C, which is incorporated by reference into this Agreement.
11. Section 601(d) allows CRF funds/Municipal Funds to cover only those costs that:
a. are necessary expenditures incurred due to the public health emergency with
respect to the effects COVID-19;
b. were not accounted for in the most recently approved budget [of the
Municipality], including any amendments; and
c. are incurred between March 1, 2020 and December 30, 2020. See Coronavirus
Relief Fund Frequently Asked Questions (Updated as of May 4, 2020). See
Attachment C.
12. “Necessary Expenditure” Condition. The use of the money is limited to “necessary
expenditures.” The Treasury intends for broad interpretation of the word “necessary,” meaning
“reasonably necessary for its intended use in the reasonable judgment of the government officials
responsible for spending the Fund payments.” The Treasury’s standard, reasonable judgment,
adopts a subjective, not objective standard. Examples of eligible expenditures include, but are
not limited to, payment for certain types of:
a. medical expenses;
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Interlocal Cooperation Agreement
Coronavirus Relief Fund- Municipality Distribution
b. public health expenses;
c. payroll expenses;
d. expenses relating to facilitating compliance;
e. expenses associated with providing economic support in connection with the
COVID-19 public health emergency; and
f. any other COVID-19-related expense reasonably necessary to the function of
government.
13. Funds may not be used to fill shortfalls in governmental revenue to cover expenditures
that would not otherwise qualify under section 601(d). REVENUE REPLACEMENT IS
STRICTLY PROHIBITED AND IS NOT A PERMISSIBLE USE OF FUNDS.
14. “Due To” Condition. The requirement that expenditures be incurred “due to” the public
health emergency created by COVID-19 means that expenditures must be used for actions taken
to respond to the public health emergency. These may include expenditures incurred by the
Municipality to respond directly to the emergency, as well as expenditures incurred to respond to
second-order effects of the emergency (e.g., economic support to those suffering from
employment or business interruptions due to COVID-19-related business closures).
15. The Municipality expressly agrees without qualification or exception to adhere and
comply with section 601(d) and the accompanying guidelines regarding its spending and uses of
the Funds.
16. Return of Unused Funds by Municipality. Any Municipal Funds not spent on eligible
expenses before December 30, 2020 must be returned to the County within 30 days after
December 30, 2020.
CRF COMPLIANCE FORUM
17. Description. The Forum is a county-wide initiative between the County and all of the
Municipalities that have requested upfront funding of the Municipal Funds. It is a single,
integrated initiative to mutually benefit all municipalities and the County.
18. Purpose. The Forum shall work for the mutual benefit of the County and the
Municipalities, which will promote administrative efficiency, streamline initial compliance
measures, and continuing through a potential audit, and foster collaboration between our
counties.
19. Benefits. The primary goals of the Forum are to:
a. provide answers to specific questions (e.g., eligible uses of funds);
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Interlocal Cooperation Agreement
Coronavirus Relief Fund- Municipality Distribution
b. provide assistance with documentation guidelines;
c. reduce noncompliance risk;
d. reduce administrative burdens;
e. manage and control the potential federal compliance audit; and
f. collaborate and integrate grant programs.
REMEDIES
20. Indemnity. To the extent allowable by law, the Municipality shall defend, indemnify,
and hold harmless the County and its officers, commissioners, employees, volunteers, and
agents, from any and all costs and expenses, damages, liabilities, demands, causes of action,
suits, charges, or legal or administrative proceedings, claims, and losses, including, without
limitation, attorneys’ fees and costs, caused by or arising out of any act or omission of the
Municipality relating to the terms of this Agreement, including but not limited to any ineligible
expenditures.
21. Recoupment. If the County, or its designee, reasonably determines that all or a portion of a
Municipality’s expenditure of Municipal Funds is an ineligible expenditure, then the Municipality
shall immediately reimburse the County in an amount equal to the amount of the ineligible
expenditure from funds of the Municipality other than Municipal Funds granted pursuant to this
Agreement, and provide to the County evidence of such reimbursement. The Municipality shall
have 30 days of receipt of the County’s determination of an ineligible expenditure to reimburse the
County for such expense. If the Municipality chooses to subsequently grant its Municipal Funds, it
shall be responsible for properly tracing and accounting for when, how, why and by whom the
expenses were ultimately incurred. This includes the documentation responsibilities listed in
Paragraph 9(f-g) above. In the event the County has to enforce this Agreement, it shall be entitled to
recover its reasonable attorney’s fees and costs incurred in doing so.
22. Offset. To the extent allowable by law, the County reserves the right in its sole discretion to
apply any money, damages or costs incurred as a result of a material breach of this Agreement by
the Municipality against the future distribution of future tax revenues or receipts from the County to
the Municipality.
OTHER
23. Attorney’s Fees and Costs. The County shall be entitled to recover its reasonable and
necessary attorney’s fees, costs and expenses, from the Municipality in the event the County must
enforce the terms of this Agreement in any way, including, but not limited to, litigation or
mediation to the extent allowed by law.
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Interlocal Cooperation Agreement
Coronavirus Relief Fund- Municipality Distribution
24. Law and Venue. The laws of the State of Texas shall govern this Agreement, except where
clearly superseded by federal law. Venue of any dispute shall be in a court of competent
jurisdiction in Denton County, Texas.
25. No Assignment. The Municipality may not assign this Agreement.
26. Entire Agreement. This Agreement supersedes and constitutes a merger of all prior oral
and/or written agreements and understandings of the parties on the subject matter of this
Agreement and is binding on the parties and their legal representatives, receivers, executors,
successors, agents and assigns.
27. Amendment. Any Amendment of this Agreement must be by written instrument dated and
signed by both parties.
28. Severability. No partial invalidity of this Agreement shall affect the remainder unless the
public purpose to be served hereby is so greatly diminished thereby as to frustrate the object of
this Agreement.
29. Survival. All provisions of this Agreement that impose continuing obligations on the
parties, including but not limited to payment, agreement purpose and confidentiality shall survive
the expiration or termination of this Agreement.
30. Waiver. No waiver by either party of any provision of this Agreement shall be effect ive
unless in writing, and such waiver shall not be construed as or implied to be a subsequent waiver
of that provision or any other provision.
31. Signature Authority. The signatories hereto represent to each other that they have the full
right, power, and authority and have been given any approvals necessary to enter into this
Agreement to bind the respective parties for which they sign and to perform their obligations
hereunder and that the consent of no other parties is needed to fully effectuate this Agreement.
ATTACHMENTS
32. This is a list of attachments and is included with this Agreement and incorporated herein,
as appropriate:
1. Attachment A: Chapter 381 Resolutions of the County;
2. Attachment B: Form Budget of Expenditures and Description of Intended Uses;
3. Attachment C: CRF Guidelines, Regulations (including statute, FAQs, and
Guidance).
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Interlocal Cooperation Agreement
Coronavirus Relief Fund- Municipality Distribution
DENTON COUNTY, TEXAS
By:_________________________________
Andy Eads, County Judge
Printed Name & Title
____________________________________
Date
Attest:
____________________________________
County Clerk
CITY OF DENTON, TEXAS
By:_________________________________
Mayor or City Manager
____________________________________
Printed Name
____________________________________
Printed Title
____________________________________
Date
Attest:
____________________________________
City Secretary
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11
Coronavirus Relief Fund (CRF)
Interlocal Agreement
1 390
2
Coronavirus Relief Fund (CRF) -Denton County
•Denton County Received $147,733,721 in CRF Funding as part of
the CARES Act
•The County has approved the following general outline of funding
•$45M reserved for distribution to Denton County cities
•$24M allocated to local business grants
•$20M for housing assistance program
•$10M for food programs
•$6M estimated expenditures to date on COVID-19
•$2M support to local non profits
•$20M for County ongoing expenses, PPE, and Public Health
391
3
Coronavirus Relief Fund (CRF) -Denton County
•$45 Million for distribution to Denton County cities
•Distribution equal to $55 per capita.
•Approximately $7.6M for the City of Denton
•Denton County Gave Cities Three Options for Distribution
1.Full Funding –City of Denton Choice
•City sent letter of intent to Denton County requesting full, upfront
funding to be managed by the City
2.Supplies only
3.Combination; supplies & reimbursement
•County Treasurer will submit payment to City after the Interlocal
Agreement is executed
•City must submit and/or retain documentation for County/State/Federal
Audit
392
4
Coronavirus Relief Fund (CRF) -Denton County
Eligible Costs
•Expenditures which were
•Incurred due to the public health emergency
•Were not accounted for in the approved budget
•Were incurred during the period that begins on March 1, 2020, and ends on December
30, 2020
•Examples
•Payroll expenses for services substantially dedicated to mitigating or responding to the
public health emergency
•Expenses of actions to facilitate compliance with COVID-19-related public health
measures
•Emergency medical response expenses
•Expenses for acquisition and distribution of medical and protective supplies
•Expenses for disinfection of public areas and other facilities
•Expenses to increase COVID-19 treatment capacity or improve mitigation measures,
including related construction costs
•Staff will work with County representatives and continue to interpret guidance from the
Treasury Department regarding eligible expenses 393
5
Projected
COVID-19
Related Costs
•Costs projected
through December
2020
•Further guidance and
clarification regarding
CRF Funds may
change eligible
reimbursements
•A portion of CRF
Eligible Costs will also
be eligible for 75%
FEMA Reimbursement
COVID-19 Costs CRF Funding
7,500,000$
Public Safety Personnel Costs - COVID
Response 580,000$ 580,000$
Other Personnel Costs - COVID Response
*1,126,466$ 300,000$
COVID Sick/EFMLA *200,000$ 75,000$
Safety Equipment
(PPE, First Responder, Disinfectant &
Sanitizer)
155,236$ 155,236$
Homelessness Assistance
(Hotels and Security)142,160$ 142,160$
Utility Assistance Program 50,000$ 50,000$
Non Profit Assistance - United Way
Program 150,000$ 150,000$
Other COVID Materials and Supplies 45,700$ 45,700$
Public Safety Personnel 2,030,000$ 2,030,000$
Other Personnel Costs - COVID Response
*3,942,631$ 1,050,000$
COVID Sick/EFMLA *700,000$ 262,500$
Safety Equipment
(PPE, First Responder, Disinfectant &
Sanitizer)
543,326$ 543,326$
Homelessness Assistance
(Hotels and Security)837,794$ 837,794$
Utility Assistance Program -$
Non Profit Assistance - United Way
Program -$
Other COVID Materials and Supplies 159,950$ 159,950$
City Facility Capital Costs - COVID-19
Mitigation **4,500,000$ 4,500,000$
CDBG Initiatives
15,163,263$ 10,881,666$
(3,381,666)$
* Assumes less than 100% costs will be eligible for reimbursement. Staff will work with County
and continue to interpret guidance on eligible expenses.** Facilities including City Hall, Service Center, Development Services (Daybreak) Buidling,
Loop 288 Building, and others as neccesary.
Eligible COVID-
19 Response
Expenses
Through 5/20/20
Allocation
Anticipated
COVID-19
Response
Expenses
5/20/20 -
12/31/20
Remaining
Total
Additional
COVID
Response
394
6
Questions?
395
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-999,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 RFP 7227 for the supply and installation of Denton Energy Center
(DEC) exhaust air silencers; and providing an effective date (RFP 7227).
City of Denton Printed on 6/5/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente Jr.
DATE: June 9, 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 RFP 7227 for the supply and installation of Denton
Energy Center (DEC) exhaust air silencers; and providing an effective date (RFP 7227).
INFORMATION/BACKGROUND
The City of Denton issued a request for proposals for the supply and installation of exhaust air silencers on
January 16, 2020. The silencers were being proposed to reduce the noise impact on a residence that abuts
the western edge of the DEC property. A noise abatement study was conducted at the end of 2018. The
study proposed silencers that could be installed on the exterior of the building and provided a budgetary
estimate of approximately $350,000. RFP 7227 was issued in order to receive proposals for this type of
silencer. Only one proposal was received. The proposal was for an interior installed product. This would
require extensive relocation of existing fire sprinkler system, controls conduit, and lighting circuits at a cost
and risk to the City. The respondent revised their proposal to an external silencer product with a price of
$915,000.
Requests for Proposals were sent to 144 prospective suppliers of this item. In addition, specifications were
placed on the Materials Management website for prospective suppliers to download and advertised in the
local newspaper. One proposal was received and evaluated based upon published criteria including delivery
and project schedule, compliance with specifications, quality, reliability, characteristics to meet stated or
implied need and probable performance. Staff has decided to reject all proposals generated from RFP 7227
and re-solicit this procurement with appropriate changes to the requested timeframe.
In accordance with the Local Government Code 252.043, the City Council may reject any and all bids.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSSIONS)
On June 8, 2020, this item will go to the Public Utilities Board (PUB) for recommendation.
RECOMMENDATION
Staff recommends rejection of all proposals for the supply and installation of DEC exhaust air silencers.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
397
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: Chris Lutrick, 940-349-7152.
Legal point of contact: Mack Reinwand at 940-349-8333.
398
RFP 7227
Denton Energy Center Exhaust Air Silencers
Proposal Rejection
DME ENERGY SERVICES
CHRIS LUTRICK
1PUB20-083 AND ID20-999 399
Overview
•November 2018 –Notification from adjacent property owner
•December 2018 -Sound study conducted
•May 2019 –Results presented to council
•Council’s direction was to issue RFP for silencers
•November 2019 –RFP #7227 was issued
•Original closing date was December 12, 2020
•No bids received, extended to January 2, 2020
•One respondent asked for additional extension to January 16, 2020
•Single proposal was received and evaluated
2PUB20-083 AND ID20-999 400
Evaluation of Moffitt Proposal
•Moffitt Ridge Vents are installed at DEC
•Equipment proposed would be mounted under ridge vents (interior of engine halls)
•Not included in proposal was relocation of existing fire piping, electric/control/lighting circuits
•Estimated noise attenuation is 8.7 decibels
•DME’s estimated cost for the relocation of conflicting equipment was $250k -$400k
•Silencer cost was $675k
•Total estimated cost was $925k -$1.075 million
3PUB20-083 AND ID20-999 401
Evaluation of Moffitt BAFO Proposal
•Moffitt visited site after they submitted proposal
•Due to the conflicting equipment Moffitt changed approach to an exterior silencer
•BAFO proposal was $915k (no additional cost to city)
4PUB20-083 AND ID20-999 402
5PUB20-083 AND ID20-999
Interior View Exterior View
403
Staff Recommendations
•Reject BAFO proposal submitted by Moffitt Corp. for $915k
•Pursue additional options including reissuing RFP for Silencers.
6PUB20-083 AND ID20-999
QUESTIONS?
404
ORDINANCE NO. _____ _
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOJvffi-RULE MUNICIPAL
CORPORATION, REJECTING ANY AND ALL COMPETITIVE PROPOSALS UNDER RFP
7227 FOR THE SUPPLY AND INSTALLATION OF DENTON ENERGY CENTER (DEC)
EXHAUST AIR SILENCERS; AND PROVIDING AN EFFECTIVE DATE (RFP 7227).
WHEREAS, the City has solicited, received, and tabulated competitive proposals for the
supply and installation of Denton Energy Center (DEC) exhaust air silencers in the City of
Denton (RFP 7227) 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 bid number assigned herein (for the supply and
installation of Denton Energy Center (DEC) exhaust air silencers in the City of Denton) are
hereby rejected:
RFP
NUMBER
7227
CONTRACTOR
Moffitt Mechanical
AMOUNT
$915,000
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 RFP 7227.
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 RFP 7227 to reject said proposals 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 L_-___]:
405
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
BY: ______________ ___
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
406
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1052,Version:1
AGENDA CAPTION
Consider approval of a resolution of the City of Denton regarding the addition of land to La La Ranch
Municipal Utility District of Denton County,encompassing approximately 311.39 acres of land located north of
Hawkeye Road,south of Doyle Road,and west of Miller Road,within Division 2 of the Extraterritorial
Jurisdiction of the City of Denton, Texas; and providing an effective date.
City of Denton Printed on 6/5/2020Page 1 of 1
powered by Legistar™407
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: June 9, 2020
SUBJECT
Consider approval of a resolution of the City of Denton regarding the addition of land to La La Ranch
Municipal Utility District of Denton County, encompassing approximately 311.39 acres of land located
north of Hawkeye Road, south of Doyle Road, and west of Miller Road, within Division 2 of the
Extraterritorial Jurisdiction of the City of Denton, Texas; and providing 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. A Municipal Utility District (MUD) 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.
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.
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 (ETJ). 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.
The “Parent Tract” owned by La La Ranch, LLC is a 656-acre tract located within the City’s ETJ, Division
2. During the 2019 legislative session, the La La Ranch of Denton County MUD was created by House
Bill 4719 on 345.26-acres of the Parent Tract. The La La Ranch of Denton County MUD is now codified
as Chapter 8031 of the Special District Local Laws Code (see Exhibit 3).
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
408
On March 20, 2020, the City received a Petition for Consent from La La Ranch, LLC (“Petition”) (see
Exhibit 5), to annex the remaining 311.59 acres of the Parent Tract into La La Ranch MUD. A map of the
Parent Tract delineating the existing MUD and the MUD expansion area is provided as Exhibit 4.
Section 42.021 of the Texas Local Government Code establishes the ETJ of a municipality with a population
greater than 100,000 inhabitants at 5-miles from its municipal boundary. The TCEQ petition and consent
process outlined above is required for the expansion of the legislatively created MUD due to it being within
the City’s ETJ.
CONSIDERATIONS
Compliance with Interim MUD Policy
The Interim MUD Policy establishes that before the City Council consents to the creation of a MUD, the
following issues shall be considered:
1. 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
No, there are no plans to annex or provide municipal service and the property is not part of a NAA.
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.
Yes, the property is located within Division 2 of the City’s ETJ.
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.
Staff Findings
The La La Ranch MUD expansion is not within the City’s CCN and there are no plans to provide municipal
services to this property. The location of this property is 2.088 miles northwest of the City of Krum, 2.575
miles northwest of the City’s CCN, and 3.488 miles northwest of the City of Denton municipal boundary
as shown on the map provided as Exhibit 6.
Chapter 8031 of the Special District Local Laws Code, La La Ranch Municipal Utility District of Denton
County establishes the following requirements:
• Sec. 8031.0305. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR
RESOLUTION. The district shall comply with all applicable requirements of any ordinance or
resolution that is adopted under Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the district.
• Sec. 8031.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A road project must meet
all applicable construction standards, zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits or extraterritorial jurisdiction of a
municipality, the road project must meet all applicable construction standards, subdivision
requirements, and regulations of each county in which the road project is located.
(c) If the state will maintain and operate the road, the Texas Transportation Commission must
approve the plans and specifications of the road project.
409
The existing and proposed expansion of the La La Ranch MUD are located within Division 2 of the City’s
ETJ, however in accordance with the Interlocal Cooperation Agreement with Denton County (see Exhibit
7), Denton County was granted exclusive jurisdiction to regulate all subdivision plats and approve all related
permits within Division 2.
Therefore, as a condition of consent to the addition of land to the La La Ranch MUD, and in accordance
with subsections 8031.0304 and 8031.0305 Special District Local Laws Code of Texas, staff recommends
the following:
1. The Petitioner shall seek consent to the addition of land to the La La Ranch MUD from the
Denton County Commissioners Court;
2. All road projects must meet all construction standards, subdivision requirements, and
regulations of the governmental entity with jurisdiction over such matters; and
3. The Petitioner must obtain subdivision approval from the governmental entity with jurisdiction
over such matters.
Options
City Council may:
1. Consent;
2. Consent with conditions; or
3. Refuse to consent.
If Council refuses to grant consent within 90 days (by June 16, 2020) after receipt of the petition, the
property owner may petition the City to make water and sewer service available to the proposed
development by a mutually agreeable contract; however, the City does not serve this area nor is it adjacent
to the City or the CCN.
If a contract for service is not executed within the 120 days after the petition, the applicant is authorized to
initiate proceedings with TCEQ to create a MUD. TCEQ shall allow creation of the MUD upon finding
that:
• the municipality either does not have the reasonable ability to serve; or
• has failed to make a legally binding commitment with sufficient funds available to provide water
and wastewater service adequate to serve the proposed development at a reasonable cost to the
landowner.
RECOMMENDATION
Staff recommends City Council consent to the addition of land to the La La Ranch Municipal Utility District
of Denton County subject to the following conditions:
1. The Petitioner shall seek consent to the addition of land to the La La Ranch MUD from the
Denton County Commissioners Court;
2. All road projects must meet all construction standards, subdivision requirements, and
regulations of the governmental entity with jurisdiction over such matters; and
3. The Petitioner must obtain subdivision approval from the governmental entity with jurisdiction
over such matters.
PRIOR ACTION
Date Council, Board, Commission Request Action
April 30, 2020 City Council Work Session Policy Direction Proceed with formal
consideration for May 5, 2020
410
May 5, 2020 City Council Interim MUD
Policy
Approved
EXHIBITS
1. Agenda Information Sheet
2. Draft Resolution
3. Resolution Exhibit A – Map of La La Ranch MUD
4. Resolution Exhibit B – Petition for Consent
5. Chapter 8031 of the Special District Local Laws Code
6. Location Map
7. Interlocal Cooperation Agreement with Denton County
Respectfully submitted:
Richard D. Cannone, AICP
Deputy Director/Planning Director
411
412
413
414
PROPERTY EXHIBIT
DWG NAME K:\FRI_CIVIL\SINGLE FAMILY PURSUITS\2017037 - KRUM 656 ACRE\CAD\EXHIBITS\PLANSHEETS\2019-01-08-PROPERTY EXHIBIT-MUD NO.1.DWG
LAST SAVED 12/19/2018 10:02 AM
NOTE: THIS PLAN IS CONCEPTUAL IN NATURE AND HAS BEEN PRODUCED WITHOUT THE BENEFIT OF A
SURVEY OR CONTACT WITH THE CITY, COUNTY, ETC.
5750 Genesis Court
Suite 200
Frisco, Texas 75034
972-335-3580
State of Texas Registration No. F-928
La La Ranch MUD No. 1
Krum, Texas
January 2019
HAWKEYE ROAD
DOYLE ROAD
MILLER ROAD± 345.26 ACRES
GRAPHIC SCALE IN FEET
0 150 300 600
1"=300'@ 22x34
FEMA 100-YEAR
FLOODPLAIN
FEMA 100-YEAR
FLOODPLAIN
EXISTING LALA RANCH MUD
PROPOSED ANNEXATION
+ 311.39 ACRES+ 311.39 ACRES
415
PETITION FOR CONSENT TO ADDITION OF LAND
TO A MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS
COUNTY OF DENTON
§
§
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON,
TEXAS:
The undersigned, LaLa Ranch, LLC, a Texas limited liability company (the "Owner"),
respectfully petitions the City of Denton, Texas for its consent to the addition of land to La La
Ranch Municipal Utility District ofDenton County (the "District"). In support of this Petition, the
Owner would respectfully show the following:
I.
The approximately 311.39 acres sought to be added to the District (the "Tract") is described
by metes and bounds in Exhibit "A," attached hereto and made a part hereof for all purposes.
II.
The Tract lies within Denton County, and not within the boundaries of any incorporated
city or town. The Tract lies wholly within the exclusive extraterritorial jurisdiction of the City of
Denton, Texas, as such term is determined pursuant to Chapter 42 V.T.C.A. Local Government
Code.
III.
The Owner is the holder oftitle to the Tract as shown by the Denton County Tax Rolls and
conveyances of record. There are no lienholders on the Tract.
IV.
The District was heretofore duly created pursuant to House Bill 4719, 86th Texas
Legislature, Regular Session, 2019, codified as Chapter 8031, Special District Local Laws Code,
under the terms and provisions of Article XVI, Section 59, and Article III, Section 52, of the Texas
Constitution, and Chapters 49 and 54, Texas Water Code, as amended. The District generally is
empowered and authorized to purchase, construct, acquire, own, operate, maintain, repair,
improve, or extend inside and outside its boundaries any and all works, improvements, facilities,
plants, equipment, and appliances necessary to accomplish the purposes of its creation.
4833-1905-01 56. vI
416
v.
The general nature of the work to be done by and within the Tract at the present time is the
construction, maintenance and operation of a waterworks system for residential and commercial
purposes; the construction, maintenance and operation of a sanitary sewer collection system and
sewage disposal plant; the control, abatement and amendment ofthe hannful excess of waters and
the reclamation and drainage of overflowed lands within the lands to be included within the
Di strict; and the construction of roads and of such additional facilities, systems, plants and
enterprises as shall be consonant with the purposes for which the District is organized.
VI.
There is a necessity for the improvements above described because the Tract is located
within an area that is experiencing substantial and sustained residential and commercial growth, is
urban in nature and is not supplied with adequate water, sanitary sewer and drainage facilities and
roads. The health and welfare of the future inhabitants of the Tract requires the acquisition and
installation of an adequate waterworks, sanitary sewer and storm drainage system and roads. The
purchase, construction, extension, improvement, maintenance and operation of such watervvorks
system and storm and sanitary sewer collection and disposal systems and roads will conserve and
preserve the natural resources of this State by promoting and protecting the purity and sanitary
condition of the State's waters and will promote and protect the public health and welfare of the
community; therefore, a public necessity exists for the inclusion of the Tract within the District.
VII.
Said proposed improvements are practicable and feasible, in that the ten·ain of the Tract is
of such a nature that a waterworks system and sanitary and storm sewer systems and roads can be
constructed at a reasonable cost; and said land will be rapidly developed for commercial, multi-
family and residential purposes.
VIII.
A preliminary investigation has been instituted to determine the cost of the project
attributable to the Tract, and it is now estimated by the Owner, from such information as it has at
this time, that the ultimate ·cost of the development contemplated will be approximately
$42,000,000.
WHEREFORE, the undersigned respectfully pray that this Petition be granted in all
respects and that the City Council of the City of Denton, Texas, adopt a resolution giving its written
consent to the addition of the Tract to the District.
4833-1905-0156. y 1
417
THE STATE OF TEXAS
COUNTY OF J2eyr fm
§
§
§
"OWNER"
LALA RANCH, LLC,
aTexa?~
By:__...~~-P-~------
Name: \Jtcbt.th £\PCGS
Title: DY\o.AJ b,Q\ J t -r
}J fx This instrument s~owledged before me on AJa ({h /7 , 2020, by
OY vJo ~/UveS , r.eh.~d._ac of LaLa Ranch, LLC, a Texas limited liability
company, on behalf of said company.
(NOTARY SEAL)
4833-1905-0156.vl
MAGGIE SLOAN
Notary 10 /1128574755
My Commission Expires
April 4, 2023
418
EXHIBIT "A"
FIELD NOTE DESCRIPTION
311.39 ACRES
BEING a tract ofland situated in the Henry Harman Survey, Abstract Number 617, Denton
County, Texas, being the east 1/2 of said survey and that tract of land conveyed to La La Ranch,
LLC. according to the document filed of record in Instrument Number 2016-71592, Real
Property Records Denton County, Texas (R.P.R.D.C.T.), said tract being more particularly
described as follows:
BEGINNING at a point for the northeast comer of said La La Ranch tract and the tract of land
described herein;
THENCE South 0°44'4011 West, a distance of7,509.50 feet to a point for the southeast comer of
said La La Ranch tract and this tract;
THENCE North 89°15'21" West, a distance of3,791.81 feet to a point for the southwest comer
of said La La Ranch tract and this tract;
THENCE North 0°53'40" East, a distance of 1,646.50 feet to a point at the beginning of a non-
tangent curve to the right having a radius of 26,264.72 feet, a central angle of 7° 17' 15", a chord
bearing and distance ofNorth 70°52'17" East, 3,338.34 feet;
THENCE in a northeasterly direction, with said curve to the right, an arc distance of 3,340.59
feet to a point at the beginning of a non-tangent curve to the right having a central angle of
7°01'35", a radius of39, 156.15 feet, a chord bearing and distance of North 6°14'19" West,
4,798.91 feet;
THENCE in a northwesterly direction, with said curve to the right, an arc distance of 4801.92
feet to a point for comer;
THENCE South 87°37'20" East, a distance of 1231.88 feet to the POINT OF BEGINNING
and containing 311.39 acres or 13,564,322 square feet ofland, more or less
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
4833-1905-0156. vI
419
420
421
422
423
424
425
426
427
LALA Ranch LLCDistance Map
Date: 6/4/2020
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 legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City ofDenton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are providedfor the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
HWY 380 W
JACKSON RD
W UNIVERSITY DR
GREGG RD
FM 156 NLOVERS LNPLAINVIEW RD
INDIAN TRL F
M2
4
5
0THOMAS J EGAN RDRADECKE RD
RE CTO R R D
E MCCART STMILLER BARTHOLD RDHOPKINS RDHAMPTON DRLEANINGTREERD
FM 1173
N MASCH BRANCH RD
DOYLE RD
NAIL RDODNEAL RDHAWKEYE RD
MASCH BRANCH RDFM1173
GANZER RD W
GEORGEOWENSRDKNOX RDBORTH RDHOUSTON RDFM 156 NSAM BASS RD
LUGINBYHL RD
MILAM RD WAUSTINCIR
MITCHELLR
D³±1173³±1173 ³±2450
³±156
£¤380
µ0 0.4 0.80.2 MilesLALA Ranch LLC Property (645.45 Acres)
CCN Boundary
CityOfKrum
City of Denton
Denton ETJ Division 1
Denton ETJ Division 2
2.088 MilesTo Krum
3.488 MilesTo Denton2.575 MilesTo CCN
428
429
430
431
432
433
434
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436
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438
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1100,Version:1
AGENDA CAPTION
Consider approval of a resolution of the City Council of the City of Denton to appoint a director to the Board of
Directors of the Hunter Ranch Improvement District No.1 of Denton County,Texas,and providing an effective
date.
City of Denton Printed on 6/5/2020Page 1 of 1
powered by Legistar™439
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM: Todd Hileman
DATE: June 9, 2020
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton to appoint a director to the
Board of Directors of Hunter Ranch Improvement District No. 1 of Denton County, Texas; and providing
an effective date.
BACKGROUND
Hunter Ranch is an approximate 3,167.7-acre master-planned development west of I-35 West and east of
Robson Ranch. Hunter Ranch is represented by Hillwood Communities. The proposed development is
located within the city limits and is designated as a Master Planned Community District under the Denton
Development Code. The development’s buildout is expected to occur over 40 years and is anticipated to
include:
• 6,500 single family units
• 3,250 multifamily units
• 365 commercial acres
Because projects of this size require construction of significant public infrastructure, the developer will
pay for the construction of such improvements and seek reimbursement through a Municipal Management
District (MMD). An MMD is considered a governmental agency and a political subdivision of the state.
The MMD finances public capital improvements and/or services by imposing property taxes and/or
special assessments on property owners within the district who are benefiting from such improvements.
With that source of revenue, and once the assessed value of the property is 10 times greater than the
amount of debt to be issued, the MMD can issue bonds, which are then used to reimburse the developer
for the up-front cost of the public improvements. The district was approved by the Texas Legislature on
June 10, 2019. The Denton City Council passed a consent resolution authorizing the creation of the MMD
on April 7, 2020.
The MMD is governed by a board of directors responsible for the management, operation, and control of
property belonging to the district. Five (5) temporary directors are named in the district’s legislation. As
residents begin occupying the district, an election will be called to elect five (5) replacements for the
temporary directors. The City of Denton has the right, but not the obligation to appoint an additional
director to the MMD board of directors. The MMD intends to conduct their district’s initial meeting in
early June 2020.
The initial appointee for the City of Denton will serve on the board of directors until June 10, 2023.
Thereafter, future City of Denton appointees will serve four (4) year terms.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
440
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
January 15, 2019 – Work session on Hunter-Cole Ranch presented to City Council
February 5, 2019 – Work session on Hunter-Cole Ranch presented to City Council
February 12, 2019 – Resolution of support and escrow agreement ordinance presented to City Council
December 3, 2019 – Work session on Hunter-Cole Ranch presented to City Council
December 17, 2019 – Work session on Hunter-Cole Ranch presented to City Council
February 18, 2020 – Work session on Hunter-Cole Ranch presented to City Council
February 27, 2020 – Planning & Zoning Commission recommended approval of the amended Cole Ranch
MPC (6-0)
April 7, 2020 – City Council consents to the formation of the Hunter Ranch and Cole Ranch MMDs and
approves the amended MPCs, operating agreements, and project agreements
June 2, 2020 – Received City Council direction to accept nominations for appointment to the boards of
directors for Hunter Ranch and Cole Ranch MMDs
EXHIBITS
1. Agenda Information Sheet
2. Resolution
Respectfully submitted:
Todd Hileman, 349-8560
City Manager
Prepared by:
Ethan Cox, 349-7421
Director of Public Works
441
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON TO APPOINT A
DIRECTOR TO THE BOARD OF DIRECTORS OF HUNTER RANCH IMPROVEMENT
DISTRICT NO. 1 OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 3980.0201(c) of the Texas Special District Local Laws Code
authorizes the governing body of the City of Denton to appoint one director to the Board of
Directors of the Hunter Ranch Improvement District No. 1 of Denton County, Texas (the “Board”);
and
WHEREAS, the City Council deems it in the public interest to appoint a director to the
Board to serve the term to expire on June 10, 2023; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The findings and recitations contained in the preamble of this Resolution are
incorporated herein by reference.
SECTION 2. ______________ is hereby appointed as a director to the Board, to serve in
such a capacity for the term expiring June 10, 2023.
SECTION 3. The City Manager is hereby authorized to send a certified copy of this
Resolution to appropriate officials of the Hunter Ranch Improvement District No. 1 of Denton
County, Texas.
SECTION 4. This Resolution shall become effective immediately upon its passage and
approval.
The motion to approve this Resolution was made by __________________________ and
seconded by _________________________________, the Resolution was passed and approved by
the following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Chris Watts: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely Briggs, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
John Ryan, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _________ day of ___________________, 2020.
__________________________________
CHRIS WATTS, MAYOR
442
443
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1101,Version:1
AGENDA CAPTION
Consider approval of a resolution of the City Council of the City of Denton to appoint a director to the Board of
Directors of the Cole Ranch Improvement District No. 1 of Denton County, Texas; and providing an effective date.
City of Denton Printed on 6/5/2020Page 1 of 1
powered by Legistar™444
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM: Todd Hileman
DATE: June 9, 2020
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton to appoint a director to the
Board of Directors of Cole Ranch Improvement District No. 1 of Denton County, Texas; and providing an
effective date.
BACKGROUND
Cole Ranch is an approximate 3,169.4-acre master-planned development west of I-35 West and east of
Robson Ranch. Cole Ranch is represented by Stratford Land. The proposed development is located within
the city limits and is designated as a Master Planned Community District under the Denton Development
Code. The development’s buildout is expected to occur over 40 years and is anticipated to include:
• 5,900 single family units
• 3,200 multifamily units
• 120 commercial acres
• 256 industrial acres
Because projects of this size require construction of significant public infrastructure, the developer will
pay for the construction of such improvements and seek reimbursement through a Municipal Management
District (MMD). An MMD is considered a governmental agency and a political subdivision of the state.
The MMD finances public capital improvements and/or services by imposing property taxes and/or
special assessments on property owners within the district who are benefiting from such improvements.
With that source of revenue, and once the assessed value of the property is 10 times greater than the
amount of debt to be issued, the MMD can issue bonds, which are then used to reimburse the developer
for the up-front cost of the public improvements. The district was approved by the Texas Legislature on
June 14, 2019. The Denton City Council passed a consent resolution authorizing the creation of the MMD
on April 7, 2020.
The MMD is governed by a board of directors responsible for the management, operation, and control of
property belonging to the district. Five (5) temporary directors are named in the district’s legislation. As
residents begin occupying the district, an election will be called to elect five (5) replacements for the
temporary directors. The City of Denton has the right, but not the obligation to appoint an additional
director to the MMD board of directors. The MMD intends to conduct their district’s initial meeting in
early June 2020.
The initial appointee for the City of Denton will serve on the board of directors until June 14, 2023.
Thereafter, future City of Denton appointees will serve four (4) year terms.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
445
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
January 15, 2019 – Work session on Hunter-Cole Ranch presented to City Council
February 5, 2019 – Work session on Hunter-Cole Ranch presented to City Council
February 12, 2019 – Resolution of support and escrow agreement ordinance presented to City Council
December 3, 2019 – Work session on Hunter-Cole Ranch presented to City Council
December 17, 2019 – Work session on Hunter-Cole Ranch presented to City Council
February 18, 2020 – Work session on Hunter-Cole Ranch presented to City Council
February 27, 2020 – Planning & Zoning Commission recommended approval of the amended Cole Ranch
MPC (6-0)
April 7, 2020 – City Council consents to the formation of the Hunter Ranch and Cole Ranch MMDs and
approves the amended MPCs, operating agreements, and project agreements
June 2, 2020 – Received City Council direction to accept nominations for appointment to the boards of
directors for Hunter Ranch and Cole Ranch MMDs
EXHIBITS
1. Agenda Information Sheet
2. Resolution
Respectfully submitted:
Todd Hileman, 349-8560
City Manager
Prepared by:
Ethan Cox, 349-7421
Director of Public Works
446
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON TO APPOINT A
DIRECTOR TO THE BOARD OF DIRECTORS OF COLE RANCH IMPROVEMENT
DISTRICT NO. 1 OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 3981.0201(c) of the Texas Special District Local Laws Code
authorizes the governing body of the City of Denton to appoint one director to the Board of
Directors of the Cole Ranch Improvement District No. 1 of Denton County, Texas (the “Board”);
and
WHEREAS, the City Council deems it in the public interest to appoint a director to the
Board to serve the term to expire on June 14, 2023; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The findings and recitations contained in the preamble of this Resolution are
incorporated herein by reference.
SECTION 2. ______________ is hereby appointed as a director to the Board, to serve in
such a capacity for the term expiring June 14, 2023.
SECTION 3. The City Manager is hereby authorized to send a certified copy of this
Resolution to appropriate officials of the Cole Ranch Improvement District No. 1 of Denton
County, Texas.
SECTION 4. This Resolution shall become effective immediately upon its passage and
approval.
The motion to approve this Resolution was made by __________________________ and
seconded by _________________________________, the Resolution was passed and approved by
the following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Chris Watts: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely Briggs, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
John Ryan, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _________ day of ___________________, 2020.
__________________________________
CHRIS WATTS, MAYOR
447
448
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1082,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute the Third
Amendment to the Airport Lease Agreement between the City and Nebrig Properties,L.P.relating to leased
premises at the Denton Enterprise Airport; and providing for an effective date.
City of Denton Printed on 6/5/2020Page 1 of 1
powered by Legistar™449
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Airport
ACM: Sara Hensley
DATE: June 9, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute the third
amendment to the Airport Lease Agreement between the City and Nebrig Properties, L.P. relating to leased
premises at the Denton Enterprise Airport; and providing for an effective date.
BACKGROUND
The existing lease agreement includes provisions that limit the sale of fuel to only tenants on the premises
(Exhibit 2). Nebrig Properties requested to amend the lease to allow expanded utilization of the fuel
system under the newly adopted Chapter 3 of the Code of Ordinances, as included in the new Airport
Minimum Operating Standards, adopted in February 2020.
This amendment (Exhibit 3) will allow the public sale of fuel, including Jet A and Av Fuel via the above
ground fuel system constructed by Nebrig Properties, as permitted in the new Airport Minimum Operating
Standards. The existing fuel system was constructed to meet the then existing federal, state, and local
environmental and fire codes. Any modifications to the fueling system may require additional federal, state
and local compliance.
The Airport Lease Agreement Subsection A3(a) related to “Use of Leased Premises” of Article V of the
Effective Lease is proposed to be amended to read as follows:
“Sale of fuel to be provided via the above ground fuel system constructed by Lessee in the southeast
section of Parcel 2 and shall be for the use of Lessee and Lessee’s tenants, unless and except Lessee
or Lessee’s tenant has (i) obtained a business permit pursuant the Chapter 3 of the Code of
Ordinances, (ii) complied with all applicable laws and licensing to sell fuel to the public; (iii) met
or exceeded all Airport Minimum Operating Standards related to sale of fuel to the public; and (iv)
remit fees in accordance with the Airport Rates and Fees Schedule.”
Council requested additional information during the June 2, 2020 meeting and staff has include detailed
question topic responses within the attached Presentation (Exhibit 4).
STAFF RECOMMENDATION
Airport Staff recommends approval of the Ordinance (Exhibit 3).
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council adopted Ordinance 96-216 approving the lease agreement on September 24, 1996.
City Council adopted Ordinance 97-050 approving a first lease amendment on February 18, 1997.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
450
City Council adopted Ordinance 99-372 approving a second lease amendment on October 5, 1999.
EXHIBITS
1. Agenda Information Sheet
2. Site Map
3. Ordinance
4. Presentation
Respectfully submitted:
Scott T. Gray, C.M., C.A.E.
Director – Airport, Capital Planning, Facilities
451
Nebrig Lease Legend
Nebrig 1
Nebrig 2
Nebrig Fuel Farm
400 ft
N➤➤N
452
ORDINANCE NO. _____ _
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE THE THIRD AMENDMENT TO THE AIRPORT LEASE AGREEMENT
BETWEEN THE CITY AND NEBRIG PROPERTIES, L.P. RELATING TO LEASED
PREMISES AT THE DENTON ENTERPRISE AIRPORT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Denton ("City" or "Lessor") leased certain property at the Denton
Enterprise Airport (the "Airport") to Nebrig & Associates, Incorporated on September 23, 1996
(the "Nebrig Lease"), as evidenced by Ordinance No. 96-216; and
WHEREAS, the Nebrig Lease was amended on February 18, 1997, Ordinance No. 1997-
050, and again on October 5, 1999 to allow for the construction of hangers and a fuel farm,
Ordinance 99-372 (as amended, the "Effective Lease"); and
WHEREAS, Nebrig & Associates, Incorporated assigned the Effective Lease to Nebrig
Properties, L.P., a Texas limited partnership ("Lessee") in September 2000, as approved by City
Council through Ordinance No. 2000-290; and
WHEREAS, in February 2020, the City, through Ordinance 20-240, adopted a new Chapter
3 of the Code of Ordinances, entitled "Airports," and related to Airport governance documents,
including Airport Rules and Regulations and Airport Minimum Operating Standards; and
WHEREAS, Lessor and Lessee desire to amend the Effective Lease to allow Lessee to
utilize the newly adopted Chapter 3 of the Code of Ordinances, as well as the Airport Rules and
Regulations, adopted in February 2020, to serve Lessee, Lessee's tenants, and the Airport; and
WHEREAS, the City Council finds that the Plan as amended is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY 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 the Third
Amendment to the Airport Lease Agreement between the City as Lessor and Nebrig Properties, L.P.
as Lessee related to leased premises at the Denton Enterprise Airport, attached hereto at Exhibit A.
SECTION 3. The City Manager, or his designee, is further authorized to carry out all duties
and obligations of the City as specified in the Lease as amended herein.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
453
The motion to approve this ordinance was made by and seconded
by the ordinance was passed and approved by the
following vote L_-__j:
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
BY: --------------------------
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
454
DocuSign Envelope 10: 8590293C-5DF3-4CCC-B9EA-62A4EC3A7414
THIRD AMENDMENT TO
NEBRIG & ASSOCIATES LEASE AGREEMENT DATED SEPTEMBER 23, 1996
STATE OF TEXAS
COUNTY OF DENTON
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Denton ("Lessor") leased certain property at the Denton Enterprise
Airport (the "Airport") to Nebrig & Associates, Incorporated on September 23, 1996 (the ''Nebrig
Lease"); and
WHEREAS, the Nebrig Lease was amended on February 18, 1997 and again on October
5, 1999 to allow for the construction of hangers and a fuel farm (as amended, the "Effective
Lease"); and
WHEREAS, Nebrig & Associates, Incorporated assigned the Effective Lease to Nebrig
Properties, L.P., a Texas limited partnership ("Lessee") in September 2000; and
WHEREAS, Lessor and Lessee desire to amend the Effective Lease to allow Lessee to
utilize the newly adopted Chapter 3 of the Code of Ordinances, as well as the Airport Rules and
Regulations, adopted in February 2020, to serve Lessee, Lessee's tenants, and the Airport;
NOW, THEREFORE, in consideration ofthe mutual promises and agreements contained
in this Amendment, including the recitals set forth above, the parties agree as follows:
1. Subsection A3(a) related to "Use of Leased Premises" of Article V ofthe Effective Lease
is amended to read as follows:
V. RIGHTS AND OBLIGATIONS OF LESSEE
3. sale of fuel, including Jet A and Av Fuel.
(a) Sale of fuel to be provided via the above ground fuel system constructed by
Lessee in the southeast section ofParcel2 and shall be for the use ofLessee and Lessee's
tenants, unless and except Lessee or Lessee's tenant has (i) obtained a business permit
pursuant the Chapter 3 of the Code of Ordinances, (ii) complied with all applicable laws
and licensing to sell fuel to the public; (iii) met or exceeded all Airport Minimum Operating
Standards related to sale of fuel to the public; and (iv) remit fees in accordance with the
Airport Rates and Fees Schedule.
2. This Amendment is intended to amend the provisions of the Effective Lease, last amended
pursuant to Ordinance No. 99-372, only to the extent expressly set forth above. All of the terms,
covenants, provisions, and conditions set forth in the Effective Lease are ratified and confirmed
except as expressly modified by this Amendment. This Amendment shall be binding upon and
inure to the benefit of the respective successors and assigns of Lessor and Lessee.
455
DocuSign Envelope ID: 859D293C-5DF3-4CCC-B9EA·62A4EC3A7414
IN WITNESS WHEREOF, the parties have executed this Amendment as of the __ day of
-----' 2020.
ATTEST:
ROSA RIOS, CITY SECRETARY
By: ______________________ _
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
By:~:;a~~ Fcdtr~mw4JA ...
Director-Airport, Capital Planning, Facilities
D S. d 5/26/2020 ate tgne : ____________ _
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
LESSOR:
CITY OF DENTON
By: _____________________ _
Todd Hileman, City Manager
LESSEE:
NEBRIG PROPERTIES, L.P.,
a Texas limited Partnership
By: DREWCY, INC.
its General Partner
By:[~~--N;~
Da~1~3~~h~el Nebrig, President
456
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
1
Council Meeting
June 9, 2020
Nebrig Properties Lease Amendment
and
Consent to Sublease
457
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
2
Consider adoption of an ordinance of the City of Denton
authorizing the City Manager to execute the third amendment
to the Airport Lease Agreement between the City and Nebrig
Properties, L.P. relating to leased premises at the Denton
Enterprise Airport; and providing for an effective date.
Consider adoption of an ordinance of the City of Denton
approving a Consent to Sublease between Nebrig & Associates,
Inc. and US Trinity Aviation, LLC, for lease of a fuel facility and
equipment at the Denton Enterprise Airport; and providing an
effective date.
Actions Requested
458
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
3
➢Current lease agreement restricts fuel
sales from existing fueling system to
only tenants on the premises
➢Tenant desires to have the ability to use
fueling system as permitted in the new
Airport Guiding Documents
➢Tenant requested lease be amended to
include the ability to exercise the new
privileges
Key Points -Amendment
459
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
4
➢Amendment Language
“Sale of fuel to be provided via the above ground fuel system
constructed by Lessee in the southeast section of Parcel 2 and shall
be for the use of Lessee and Lessee’s tenants, unless and except
Lessee or Lessee’s tenant has (i) obtained a business permit pursuant
the Chapter 3 of the Code of Ordinances, (ii) complied with all
applicable laws and licensing to sell fuel to the public; (iii) met or
exceeded all Airport Minimum Operating Standards related to sale of
fuel to the public; and (iv) remit fees in accordance with the Airport
Rates and Fees Schedule.”
Key Points -Amendment
460
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
5
➢Nebrig lease agreement requires City consent
to sublease any or all portions of the premises,
except for aircraft storage
➢City may not arbitrarily withhold consent
➢Sublessee would have all rights afforded in the
master lease
➢Fuel system met federal, state, and local
environmental and fire codes at time of
construction
Key Points -Sublease
461
Denton Enterprise Airport
DFW Access… Extraordinary Business
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6/9/2020
6
➢Operational Safety –June 2nd Questions
➢Regulatory control
➢Airport operational safety and compliance is included in City Code Chapter 3
➢Airport Rules and Regulations and Airport Minimum Operating Standards include FAA
safety and regulatory language
➢Documents include aircraft & vehicle safety, and fire and environmental compliance
➢Typically not included in lease agreements
➢Taxilane Safety
➢Fuel trucks operate daily on all taxilanes at the Airport
➢Number of Nebrig tenants are fueled by the FBO with trucks
➢Tenants drive vehicles on the taxilane to access hangars
Informational Responses
462
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
7
➢Fueling Safety –June 2nd Questions
➢Top loading trucks
➢Considered hazardous due to potential electrostatic ignition of fuel vapors
➢Sublessee is proposing bottom loading trucks
➢Fuel tank safety
➢Bassco Services, Inc., maintains and inspects all fuel systems on Airport for
each owner/operators
➢Representative indicated “…we have not encountered any equipment issues. The
AvGas and Jet-A systems are comparable to the majority of self serv systems we
maintain for other customers.”
➢Enhancements to Nebrig fuel system
➢Both tanks capable of bottom loading trucks and/or aircraft
Informational Responses
463
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
8
➢Fueling Safety –June 2nd Questions (continued)
➢Fuel tank safety -continued
➢Development Services and Fire Marshal confirmed proposed system enhancements do
not require fueling system to meet new construction code or retrofitting
➢Change of use –Tanks are not categorized as commercial or private use, thus no
regulatory differences
➢Fire Marshal will require new permit under new owner/operator name
➢Fuel system inspection will be conducted to ensure safety compliance prior to permit
issuance
➢Fire Marshal also conducts annual fuel tank and truck inspections
➢Texas Commission on Environmental Quality (TCEQ)
➢Updated registration form for new operator
Informational Responses
464
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
9
Informational Responses
Existing Fuel Tank Compliance –June 2nd Questions
Federal, State, Local
Code Requirements Nebrig Tanks –2000
City Tanks –1999
(US Jet)
US Aviation Tanks -2010
(US Jet)
Above-ground, double-wall tank*✓✓✓
Concrete secondary containment*✓***
Deadman’s switch ✓✓✓
Leak detection**✓✓
Safety signage ✓✓✓
Setback distances ✓✓✓
-Not every code provision is provided
* TCEQ requires certain double-wall tanks or secondary containment
** TCEQ requires leak detection only if using underground piping
*** Denton Fire requirement at that time
465
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
10
➢Lease language provisions –June 2nd Questions
➢FAA requires consistent regulatory language for all like operations
➢Existing leases do not typically include such operational provisions
➢Fuel truck access provisions would need to be added to other leases for
consistency and FAA compliance
➢Option would be keeping regulatory language in recently adopted Airport
Guiding Documents
Informational Responses
466
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
11
➢Persons expressing interest in item(s) via emails, letters, and/or public comment
➢Mike Sykes –CEO, US Aviation Group
➢Operates US Jet Center FBO and US Aviation Academy
➢Justin Sykes –Asst. CFO, US Aviation Group
➢Scott Sykes –Business Development, US Aviation Group
➢Jeff Soules –President, Over The Top Aviation
➢Former COO & SR. Vice President/General Manager, US Aviation
➢Mike Nebrig –President, Nebrig & Associates
➢Jim Haltom –President, US Trinity Aviation
➢Damon Ward –FBO Manager, US Trinity Aviation
➢Former President, Business Air FBO
Informational Responses
467
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
12
➢Staff recommends exploring modification to the Airport Rules and
Regulations/Minimum Operating Standards to address any fuel truck
access or other safety concerns –Requires Airport Advisory Board
approval
➢Staff recommends approval of lease amendment as provided
➢Staff recommends approval of consent to sublease as provided
Staff Recommendations
468
Denton Enterprise Airport
DFW Access… Extraordinary Business
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13
Questions
469
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1083,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton approving a Consent to Sublease between Nebrig &
Associates,Inc.and US Trinity Aviation,LLC,for lease of a fuel facility and equipment at the Denton
Enterprise Airport; and providing an effective date.
City of Denton Printed on 6/5/2020Page 1 of 1
powered by Legistar™470
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Airport
ACM: Sara Hensley
DATE: June 9, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton approving a Consent to Sublease between Nebrig
& Associates, Inc. and US Trinity Aviation, LLC, for lease of a fuel facility and equipment at the Denton
Enterprise Airport; and providing an effective date.
BACKGROUND
The City of Denton received a request from Nebrig & Associates, Inc to execute a Consent to Sublease
regarding the use of the fuel facility and equipment located at 4801 John Carrell Drive, by US Trinity
Aviation, LLC at Denton Enterprise Airport (Exhibit 2). In accordance with the lease agreement, the tenant
may not rent or sublease any portion of the premise, except for the storage of individual aircraft, without
the written consent of City.
US Trinity Aviation, LLC has negotiated the sublease agreement attached to the Ordinance (Exhibit 3) for
the use of the fuel facility and equipment as an interim solution to meet the Airport Minimum Operating
Standards for providing Fixed Base Operator services. With Council approval of the Consent to Sublease,
US Trinity Aviation, LLC will be permitted to begin conducting FBO services from their leasehold at 5035
Warbird (Exhibit 2). The documents have been reviewed and approved as to form by the City Attorney’s
Office and attached to the proposed ordinance (Exhibit 3).
Council requested additional information during the June 2, 2020 meeting and staff has include detailed
question topic responses within the attached Presentation (Exhibit 5).
STAFF RECOMMENDATION
Airport Staff recommends approval of the Ordinance (Exhibit 2).
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council adopted Ordinance 96-216 approving the lease agreement on September 24, 1996.
EXHIBITS
1. Agenda Information Sheet
2. Site Map
3. Ordinance
4. LLC Information
5. Presentation
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
471
Respectfully submitted:
Scott T. Gray, C.M., C.A.E.
Airport Manager
472
Fuel Farm Lease
Trinity Aviation Lease of Nebrig fuel farm.
Legend
Airport Terminal
Nebrig Fuel Farm
Trinity Aviation FBO
1000 ft
N➤➤N
473
1
ORDINANCE NO. _______________________
AN ORDINANCE OF THE CITY OF DENTON APPROVING A CONSENT TO SUBLEASE
BETWEEN NEBRIG & ASSOCIATES, INC. AND US TRINITY AVIATION, LLC, FOR
LEASE OF A FUEL FACILITY AND EQUIPMENT AT THE DENTON ENTERPRISE
AIRPORT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Nebrig & Associates (“Nebrig”) leased property from the City of Denton, a
Texas home-rule municipal corporation (the “City”) at the Denton Enterprise Airport, as
evidenced by that certain Airport Land Lease Agreement executed September 18, 1996 (the
“Lease”); and
WHEREAS, Nebrig has agreed to sublease a portion of its leasehold, which includes its
fuel facility and equipment to US Trinity Aviation, LLC (“US Trinity”) as evidenced by that
certain Lease Agreement, between Nebrig and US Trinity, attached hereto as Exhibit A to
Exhibit 1; and
WHEREAS, Nebrig’s Lease requires written consent of the City for the Sublease to be
effective and both parties have requested the City for such consent; and
WHEREAS, the City Council deems it in the public interest to give consent to the
sublease agreement 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
Consent to Sublease in the form attached hereto as Exhibit 1 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 [___ - ___]:
Aye Nay Abstain Absent
Chris Watts, Mayor: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely Briggs, District 2: ______ ______ ______ ______
474
475
476
477
478
479
480
481
482
483
484
485
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
1
Council Meeting
June 9, 2020
Nebrig Properties Lease Amendment
and
Consent to Sublease
486
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
2
Consider adoption of an ordinance of the City of Denton
authorizing the City Manager to execute the third amendment
to the Airport Lease Agreement between the City and Nebrig
Properties, L.P. relating to leased premises at the Denton
Enterprise Airport; and providing for an effective date.
Consider adoption of an ordinance of the City of Denton
approving a Consent to Sublease between Nebrig & Associates,
Inc. and US Trinity Aviation, LLC, for lease of a fuel facility and
equipment at the Denton Enterprise Airport; and providing an
effective date.
Actions Requested
487
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
3
➢Current lease agreement restricts fuel
sales from existing fueling system to
only tenants on the premises
➢Tenant desires to have the ability to use
fueling system as permitted in the new
Airport Guiding Documents
➢Tenant requested lease be amended to
include the ability to exercise the new
privileges
Key Points -Amendment
488
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
4
➢Amendment Language
“Sale of fuel to be provided via the above ground fuel system
constructed by Lessee in the southeast section of Parcel 2 and shall
be for the use of Lessee and Lessee’s tenants, unless and except
Lessee or Lessee’s tenant has (i) obtained a business permit pursuant
the Chapter 3 of the Code of Ordinances, (ii) complied with all
applicable laws and licensing to sell fuel to the public; (iii) met or
exceeded all Airport Minimum Operating Standards related to sale of
fuel to the public; and (iv) remit fees in accordance with the Airport
Rates and Fees Schedule.”
Key Points -Amendment
489
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
5
➢Nebrig lease agreement requires City consent
to sublease any or all portions of the premises,
except for aircraft storage
➢City may not arbitrarily withhold consent
➢Sublessee would have all rights afforded in the
master lease
➢Fuel system met federal, state, and local
environmental and fire codes at time of
construction
Key Points -Sublease
490
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
6
➢Operational Safety –June 2nd Questions
➢Regulatory control
➢Airport operational safety and compliance is included in City Code Chapter 3
➢Airport Rules and Regulations and Airport Minimum Operating Standards include FAA
safety and regulatory language
➢Documents include aircraft & vehicle safety, and fire and environmental compliance
➢Typically not included in lease agreements
➢Taxilane Safety
➢Fuel trucks operate daily on all taxilanes at the Airport
➢Number of Nebrig tenants are fueled by the FBO with trucks
➢Tenants drive vehicles on the taxilane to access hangars
Informational Responses
491
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
7
➢Fueling Safety –June 2nd Questions
➢Top loading trucks
➢Considered hazardous due to potential electrostatic ignition of fuel vapors
➢Sublessee is proposing bottom loading trucks
➢Fuel tank safety
➢Bassco Services, Inc., maintains and inspects all fuel systems on Airport for
each owner/operators
➢Representative indicated “…we have not encountered any equipment issues. The
AvGas and Jet-A systems are comparable to the majority of self serv systems we
maintain for other customers.”
➢Enhancements to Nebrig fuel system
➢Both tanks capable of bottom loading trucks and/or aircraft
Informational Responses
492
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
8
➢Fueling Safety –June 2nd Questions (continued)
➢Fuel tank safety -continued
➢Development Services and Fire Marshal confirmed proposed system enhancements do
not require fueling system to meet new construction code or retrofitting
➢Change of use –Tanks are not categorized as commercial or private use, thus no
regulatory differences
➢Fire Marshal will require new permit under new owner/operator name
➢Fuel system inspection will be conducted to ensure safety compliance prior to permit
issuance
➢Fire Marshal also conducts annual fuel tank and truck inspections
➢Texas Commission on Environmental Quality (TCEQ)
➢Updated registration form for new operator
Informational Responses
493
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
9
Informational Responses
Existing Fuel Tank Compliance –June 2nd Questions
Federal, State, Local
Code Requirements Nebrig Tanks –2000
City Tanks –1999
(US Jet)
US Aviation Tanks -2010
(US Jet)
Above-ground, double-wall tank*✓✓✓
Concrete secondary containment*✓***
Deadman’s switch ✓✓✓
Leak detection**✓✓
Safety signage ✓✓✓
Setback distances ✓✓✓
-Not every code provision is provided
* TCEQ requires certain double-wall tanks or secondary containment
** TCEQ requires leak detection only if using underground piping
*** Denton Fire requirement at that time
494
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
10
➢Lease language provisions –June 2nd Questions
➢FAA requires consistent regulatory language for all like operations
➢Existing leases do not typically include such operational provisions
➢Fuel truck access provisions would need to be added to other leases for
consistency and FAA compliance
➢Option would be keeping regulatory language in recently adopted Airport
Guiding Documents
Informational Responses
495
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
11
➢Persons expressing interest in item(s) via emails, letters, and/or public comment
➢Mike Sykes –CEO, US Aviation Group
➢Operates US Jet Center FBO and US Aviation Academy
➢Justin Sykes –Asst. CFO, US Aviation Group
➢Scott Sykes –Business Development, US Aviation Group
➢Jeff Soules –President, Over The Top Aviation
➢Former COO & SR. Vice President/General Manager, US Aviation
➢Mike Nebrig –President, Nebrig & Associates
➢Jim Haltom –President, US Trinity Aviation
➢Damon Ward –FBO Manager, US Trinity Aviation
➢Former President, Business Air FBO
Informational Responses
496
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
12
➢Staff recommends exploring modification to the Airport Rules and
Regulations/Minimum Operating Standards to address any fuel truck
access or other safety concerns –Requires Airport Advisory Board
approval
➢Staff recommends approval of lease amendment as provided
➢Staff recommends approval of consent to sublease as provided
Staff Recommendations
497
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File IDs: 20-1082 & 20-1083
6/9/2020
13
Questions
498
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1109,Version:1
AGENDA CAPTION
Consider nominations/appointments to the City’s Boards,Commissions,and Committees:Board of Ethics and
Human Services Advisory Committee.
City of Denton Printed on 6/5/2020Page 1 of 1
powered by Legistar™499
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office
ACM: Sara Hensley DATE: August 9, 2020
SUBJECT
Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Board of Ethics and Human Services Advisory Committee.
BACKGROUND
On June 16, 2019, the 2019 Boards & Commissions Screening & Appointment Process was presented and discussed with the City Council. This item is the first step in appointing members for 2019 under the new process.
Exhibit 2 includes those seats for the above-noted Boards, Commissions, and Committees for whom nominations have been received, nominees fully vetted and found to meet all necessary qualifications to serve on the respective board/commission/committee. As previously discussed, only those nominees who have been fully vetted and qualified will be presented for appointment.
This is not a complete listing of nominees received to date as the vetting is still in progress for some or (re)nominations have not been received. EXHIBITS
Exhibit 1 – Agenda Information Sheet Exhibit 2 – Nominations Sheet Respectfully submitted:
Rosa Rios City Secretary
City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com
500
BOARD/COMMITTEE/COMMISSION COUNCIL PLACE NOMINATING CCM MEMBER FIRST NAME MEMBER LAST NAME PRESENT TERM NEW TERM
STATUS &
QUALIFICATION OR
PREFERENCE, IF ANY
Board of Ethics 6 Meltzer Patricia Reinke N/A
UNEXPIRED
September 1, 2018
through
August 31, 2020
New
Human Services Advisory Committee 0-ALL-1 Davis Dale Tampke N/A
UNEXPIRED
September 1, 2019
through
August 31, 2021
New
BOARDS & COMMISSIONS - NOMINATIONS LIST
June 9, 2020
501