HomeMy WebLinkAbout2020-04-30 Agenda and Backup - SpecialCity Council
City of Denton
Meeting Agenda
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Work Session Room1:00 PMThursday, April 30, 2020
Special Called
WORK SESSION BEGINS AT 1:00 P.M. IN THE WORK SESSION ROOM
CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR
INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE WORK
SESSION
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, closed meeting 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 April 30 City Council
Special Called 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 April 24, 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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1
April 30, 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 Thursday, April 30, 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 20-773B.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Presentation 04 30 20
Attachments:
Receive a report, hold a discussion, and give staff direction regarding a policy for requests
to create special districts within the City and the Extraterritorial Jurisdiction (ETJ).
ID 20-772A.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Interim Municipal Utility District (MUD) Policy DRAFT
Exhibit 3 - Presentation
Exhibit 4 - Resolution 18-1039, City's Public Improvement District (PID) Policy
Exhibit 5 - TCEQ - Texas Water Districts Oct 2019
Attachments:
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2
April 30, 2020City Council Meeting Agenda
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.
Consultation, discussion, deliberation, and receipt of information from the City’s attorneys
involving legal issues relating to a disaster declaration and related order, and to provide
the City’s attorneys with direction, where a public discussion of these legal matters would
clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton
City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas.
ID 20-883A.
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 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 – C). 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 of Denton, a Texas home-rule municipal
corporation, approving and authorizing the City Manager to sign a Lease Amendment
Letter Agreement to a Medical Office Building Lease by and between Epic Development,
ID 20-879A.
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3
April 30, 2020City Council Meeting Agenda
Inc., and the City of Denton for the use and occupancy of premises at 3537 South I-35E
Denton, Texas 76210 for the City of Denton Employee Health Center for a two month
rent abatement and two month lease extension; authorizing the expenditure of funds
therefor; and providing an effective date.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Letter from Medical City Healthcare
Exhibit 3 - Ordinance and Lease Amendment Letter
Attachments:
Consider approval of the minutes of April 7, 2020 (Emergency and Regular).ID 20-880B.
Exhibit 1 - April 7, 2020 Minutes - Emergency Mtg
Exhibit 2 - April 7, 2020 Minutes - Regular Meeting
Attachments:
Consider approval of a resolution of the City Council of the City of Denton finding that a
public emergency exists and setting forth its support for determining that the emergency
warrants a special election; for petitioning the governor for a special election date;
authorizing the Mayor and City Manager to forward the resolution to the Governor and
Secretary of State of the State of Texas; and providing an effective date.
ID 20-852C.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Resolution
Attachments:
2. ITEMS FOR INDIVIDUAL CONSIDERATION
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, extending the effective period of the declared state of local disaster;
superseding and replacing the Second Order of Council of the City of Denton issued April
6, 2020 approved by Ordinance 20-812; confirming and authorizing the expenditure of
funds; providing a repealer clause; and providing an effective date.
ID 20-873A.
Exhibit 1 - Agenda Information Sheet.pdf
Exhibit 2 - March 13 Mayoral Declaration of Local Disaster
Exhibit 3 - March 13 Order of the Mayor of the City of Denton
Exhibit 4 - March 17 Ordinance & Order 20-721
Exhibit 5 - March 20 Ordinance 20-740 & Order
Exhibit 6 - March 24 Second Mayoral Declaration of Local Disaster and Order
Exhibit 7 - Governor Abbott Executive Order GA-14
Exhibit 8 - April 6 Ordinance & Order
Exhibit 9 - Governor Abbott Executive Order GA-16
Exhibit 10 - Draft Ordinance
Exhibit 11 - Draft Order of Council
Exhibit 12 - Presentation
Attachments:
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4
April 30, 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 bulletin board at the City Hall of the City of
Denton, Texas, on the 24th day of April, 2020 at 4:52 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 20-773,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 4/24/2020Page 1 of 1
powered by Legistar™6
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM/ DCM/ ACM: Todd Hileman
DATE: April 30, 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, and
April 21.
A presentation and any back up material will be provided to the City Council before the meeting and
posted online.
OPTIONS
N/A
RECOMMENDATION
N/A
ESTIMATED SCHEDULE OF PROJECT
N/A
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
April 6 – Council approved a new Declaration of Disaster and Order
March 31 – Council postponed item for consideration on Second Mayoral Declaration of Disaster and
Order
March 24 – Second Mayoral Declaration of Disaster and Order
March 20 – Adoption of Ordinance 20-740 Amending Council Declaration of Local Disaster and Order
March 17 – Adoption of Ordinance 20-720 Extending and Modifying Mayoral Declaration
March 13 – Mayoral Declaration of Local Disaster and Order
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
7
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Respectfully submitted:
Sarah Kuechler
Chief of Staff
Prepared by:
Ryan Adams
Deputy Director of Public Affairs/IGR
8
Work Session
Update on COVID-19 Response
April 30, 2020
1Thursday, April 30, 2020
9
Background
2
•Local Disaster Declarations and Orders for Public Health Emergency
•March 13, first Mayoral declaration and order
•March 17, City Council extended with the term of the declaration through April 30, unless otherwise modified
•March 20, City Council further amended
•March 24, second Mayoral declaration and order to Stay At Home
•March 31, Council postponed extending or amending order due to Governor’s statewide order
•April 6, Council approved a new declaration and order effective until April 30
•Staff provided updates on the City’s response to COVID-19 during work sessions on March 17, March 20, March 31, April 6, and April 21
Thursday, April 30, 2020
10
Overview of Updates
3
1.Brief Update from Denton County Public Health Department
2.Governor Abbott’s Executive Orders from Monday, April 27
3.City Operations Updates
•Business Outreach and Enforcement
•City Facilities and Programs
4.Community Resource Updates
•UWDC COVID-19 Relief Fund Update
•UWDC COVID-19 Information & Referrals Program
•Alternative Shelter Arrangement
5.COVID-19 Disaster Expenditures and Financials
Thursday, April 30, 2020
11
1. Brief Update from Denton
County Public Health Department
4
12
Brief Update from DCPH
5
•Dr. Matt Richardson, Director of the Denton County Public
Health Department, will join the Council meeting by phone to
provide a brief update and answer a few questions
Thursday, April 30, 2020
13
DCPH Important Links to Visit
6Thursday, April 30, 2020
14
DCPH COVID-19 Drive-
Thru Testing
7Thursday, April 30, 2020
•DCPH will offer drive-thru testing centers on an ongoing basis, with additional dates, times, and locations announced through DentonCounty.gov/COVIDtesting and on social media
•Additional DCPH testing centers will be offered in locations throughout the county
•Find other testing locations through DSHS site at: dshs.state.tx.us/coronavirus/testing.aspx
15
2. Governor Abbott Executive
Orders from Monday, April 27
8
16
GA-18 (Expanded Reopening)
•Announced Phase 1 of the expanded
reopening of certain services beginning Friday,
May 1
•The Texas Department of State Health Services
(DSHS) issued recommended minimum
standard health protocols for all businesses
and individuals to follow
•Protocols, guidance, and recommendations,
along with a series of checklists, are found in
Texans Helping Texans: The Governor’s Report
to Open Texas
9Thursday, April 30, 2020
17
GA-18 (Expanded Reopening)
•All retail stores, restaurants, movie theaters, and
malls are permitted to reopen on Friday, May 1, at
25% of their listed occupancy
•Within shopping malls, the food-court dining areas, play areas, and interactive displays and settings must remain
closed
•All museums and libraries may open under the same
25% occupancy limitation, but interactive areas of
museums must remain closed
•State libraries and museums will open by May 1
•Local public museums and libraries may reopen only if permitted by local government
10Thursday, April 30, 2020
18
GA-18 (Expanded Reopening)
•Public swimming pools, bars, gyms, cosmetology salons, massage establishments,
interactive amusement venues, such as
bowling alleys and video arcades, and tattoo
and piercing studios remain closed
•Individuals may engage in outdoor sports
•DSHS’ guidance that the sports do not include
contact with other participants and no more than
four (4) participants at any time
•Phase 1 will continue until at least Monday,
May 18. The Governor will continue to
evaluate next steps.
11Thursday, April 30, 2020
19
GA-18 (Expanded Reopening)
•Announced a new statewide testing and contact tracing program
developed and implemented by DSHS to help identify individuals who have
contracted COVID-19 and those who may need to quarantine or be tested
due to potential exposure
•More details about the contact tracing program are available in
The Governor's Report to Open Texas beginning on page 16
12Thursday, April 30, 2020
20
GA-18 (Expanded Reopening)
•Every person in Texas shall, except where necessary to provide or obtain essential services or reopened services, minimize social gatherings and minimize in-person contact with people who are not in the same household
•People over the age of 65 are strongly encourage to stay home as much as possible
•Special guidance for Texans over 65 is included in The Governor’s Report to Open Texas
•Individuals are encouraged to wear appropriate face coverings, but no jurisdiction can impose a civil or criminal penalty for failure to wear a face covering
•GA-18 shall supersede any conflicting order issued by local officials in response to the COVID-19 disaster
13Thursday, April 30, 2020
21
14 22
GA-19 (Hospital Capacity)
•Relaxed certain restrictions related to health care professionals and issued
amended requirements related to hospital capacity
•Under GA-19:
•All licensed health care professionals shall be limited in their practice by,
and must comply with, any emergency rules promulgated by their
respective licensing agencies dictating minimum standards for safe
practice during the COVID-19 disaster.
•Every hospital licensed under Chapter 241 of the Texas Health & Safety
Code shall reserve at least 15% of its hospital capacity for treatment of
COVID-19 patients, accounting for the range of clinical severity of
COVID-19 patients, as determined by HHSC.
15Thursday, April 30, 2020
23
GA-20 (Expanding Travel Without Restrictions)
•Eliminates the mandatory 14-day quarantine period for individuals
traveling from Louisiana
•The mandated 14-day quarantine for travelers from the following areas
remains in place:
•California; Connecticut; New York; New Jersey; Washington; Atlanta,
Georgia; Chicago, Illinois; Detroit, Michigan; and Miami, Florida.
16Thursday, April 30, 2020
24
3. City Operations
17
25
Business Outreach and Enforcement
18
•Beginning this Friday, May 1, City staff will begin responding to questions and complaints regarding building occupancy and the eligibility of certain establishments to re-open under GA-18
•Staff is compiling data necessary for proactive outreach visits. Staff will post business occupant load data for reference on the City’s website (under COVID-19 Business Guidelines and Development Services pages)
•Occupancy data:
•Staff is compiling list of occupancy load data for local businesses and restaurants
•Since data is being primarily pulled for permitting software, manual review and data cleanup is being conducted
•List will be updated online regularly and will include 100%, 50%, and 25% occupancy totals
•Restaurant or Bar classification:
•GA-18 delineates bars from restaurants
•Only restaurants (that are not required to post the 51% sign required by the Texas Alcoholic Beverages Commission) are allowed to open at 25% occupancy
•Staff will proactively monitor bars and restaurants, with a team on-call the weekend of May 2-3 to respond to complaints received
Thursday, April 30, 2020
26
Business Outreach and Enforcement
19
General Complaint Procedure
1.Complaint Received
•Concerns encouraged to be submitted through EngageDenton app or website engagedenton.com
2.Initial Staff Review by Interdepartmental Team
•Is the business “essential” under CISA or eligible to be open under GA-16 or GA-18, and if yes, under what parameters and/or recommended standards
3.Determination of Business Type and Next Steps
•If easily identified as “essential” or eligible under GA-16 or GA-18, close the loop or perform outreach visit to observe operations.
•If not easily determined, obtain more information and ask business to apply to TDEM for a determination within 24 hours and provide proof to City staff; wait to enforce until a determination is made. If they refuse to submit a request to TDEM, citation(s) may be issued.
•If easily determined to be “non-essential” or ineligible, educate business on the orders and ask them to close. Depending upon circumstances, citation(s) may be issued.
Thursday, April 30, 2020
27
Business Outreach and
Enforcement
20
•Staff will use the checklists
provided by DSHS when
performing visits and working
with businesses
Thursday, April 30, 2020
28
City Facilities and Programs
21
•City facilities will remain closed to the public until further notice
•Staff have formed a team to evaluate and develop a strategic, phased approach to re-opening facilities over the coming weeks
•Including general staffing strategy, standards for cleaning, safety measures, access logistics, guidance for employees and the public, communications, etc.
•Staff plan to present more information on an initial proposed approach to City Council on Tuesday, May 5
•Both Parks and Recreation and Libraries will also present to Council on their strategies
•Although both have received questions following GA-18, staff are taking a thoughtful, strategic analysis to determine and recommend how certain facilities, amenities, and programs should be rolled out
Thursday, April 30, 2020
29
City Facilities and Programs
22
Denton Public Library
•Curbside Pick-up began on Friday, April 24 in compliance with the “Retail-to-Go” model authorized by Executive Order GA-16 (see graphic)
•Planning, preparing, and conducting online programming events such as:
•Online book clubs
•Virtual StoryTime Live
•Adult, Teen, and Youth Book Talks
•How-to/Craft Activities
Thursday, April 30, 2020
30
City Facilities and Programs
23
Denton Parks and Rec
•Created a virtual recreation center available at cityofdenton.com/VirtualRecCenter
•Provides a large selection of online programming, video, blogs, and other easy to access opportunities
•Planning, preparing, and conducting other online programming events such as:
•Online fitness classes and programs
•Virtual scavenger hunts for kids
•Co-host virtual Arts & Jazz festival
Thursday, April 30, 2020
31
4. Community Resources Update
24
32
25
WWW.UNITEDWAYDENTON.ORG/
CRF-PARTNERS-ELIGIBILITY
UWDC
COVID-19
RELIEF FUND
33
UWDC COVID Information & Referrals Program
26Thursday, April 30, 2020
1st Full Week of Implementation (4/21 –4/28)
Services provided:
•85 service contacts
•80 unduplicated clients
•3 CARES Ambassador
referrals
•Average of 12 contacts per
day, primarily between
10am and 5pm
Primary needs:
•Rental Assistance
•Utility Assistance
•Food Assistance
•Shelter / Rapid Rehousing
(forwarded to
homelessness team for
referral)
Geography:
•38 Denton residents
•9 Lewisville residents
•33 residents from
remainder of Denton
County or experiencing
homelessness
Asking for help as individual
or business:
•Individual: 82
•Business: 2
•Both: 1
34
Alternative Shelter Arrangement
27
•As previously communicated, the City has rented rooms at two hotels for alternative shelter
•MKOC is managing one hotel for individual clients (48 rooms | 65 clients from MKOC, ODB, and TSA)
•Grace Like Rain is managing the other hotel for families (10 rooms | 10 families)
•ODB is providing meals to both hotels and assisting with case management, services, and supplies
•Rooms are currently rented until May 10
•Staff is recommending with non-profit partners to extend hotels until Friday, May 29
•Continues safe distancing for clients
•Conserves limited staff and volunteers to operate effectively at one alternative shelter location rather than multiple locations
•Provides additional time to develop options or to prepare for a phased transition back to shelter
Thursday, April 30, 2020
35
5. COVID-19 Disaster
Expenditures and Financials
28
36
COVID-19 Emergency Expense Summary
$289,720
Spent
$220,226
Encumbered $-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
Major Expenses/Contracts
$588,875 of $750,000 Allocation
Spent or Encumbered
* Including United Way Assistance and
Interfaith Ministries Funding $588,875
Spent & Encumbered
First Responder Equipment $ 82,568
Personal Protective
Equipment*$ 69,450
Disinfectant & Sanitizer $ 51,283
Hotel Rooms**$ 138,000
Security $ 49,000
United Way $ 100,000
Interfaith Ministries $ 50,000
Materials and Supplies***$ 31,213
*Includes no-touch thermometers
**Includes hotel rooms for quarantine
***Includes public outreach and facility closure materials
37
FEMA Public Assistance Reimbursement
•Local governments may apply for reimbursement of expenses for certain emergency measures taken in
response to the COVID-19 health emergency.
•If expenses are approved, FEMA will reimburse 75% of expenses and local governments will be
responsible for the remaining 25%.
•Initial guidance from FEMA suggests that eligible expenses include:
•Increased labor costs
•Emergency Operation Center costs
•Disinfection of public facilities
•Security and law enforcement
•Medical sheltering, including non-congregate medical sheltering
•Purchase and distribution of food, water, ice, medicine, and other supplies, to include personal
protective equipment
•Expenses eligible for FEMA reimbursement could be expanded, and some reimbursement prohibitions
could be temporarily suspended. The City is tracking all COVID-19 expenses while we await further
guidance from FEMA.
Thursday, April 30, 2020
38
FEMA REQUEST FOR PUBLIC ASSISTANCE PROCESS
31
•The City is following the process outlined by FEMA and TDEM to secure reimbursement for eligible
expenses.
•TDEM will notify all cities when FEMA has released the COVID-19 project worksheets. Due to the
unprecedented nature of the COVID-19 pandemic, FEMA is revising and simplifying project formulation.
Attend
virtual
applicant
briefing
Create
account on PA
grants portal
Submit RPA Submit
COVID-19 PW
(and docs)
Sign final
grant
FEMA
and state
review
documents
Receive
funding
Thursday, April 30, 2020
39
COVID-19 Reimbursement Opportunities
Funding Opportunity Grant -Received Grant -Awarded Grant -Applying Emergency Expense
Reimbursement
CARES ActEMS Grant $60,000
CARES Act Airport funding $157,000
HUD CDBG CARES Act funding $618,736
Bureau of Justice Coronavirus
Emergency Supplemental
Funding
$82,000
State of Texas Public Safety
Office CESF Grant
$9,621, 787 to be split among
municipalities represented by
NTCOG
Assistance to Firefighters
COVID-19 Supplemental Grant Unspecified
FEMA Public Assistance
Reimbursement*
0-75% of incurred costs could
be reimbursed
Totals $60,000 $775,736 $82,000+
25%-$120,377
50%-$240,755
75%-$361,132
* Based on actual costs
40
Questions?
33Thursday, April 30, 2020
41
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-772,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding a policy for requests to create special
districts within the City and the Extraterritorial Jurisdiction (ETJ).
City of Denton Printed on 4/24/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: April 30, 2020
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding a policy for requests to create
special districts within the City and the Extraterritorial Jurisdiction (ETJ).
BACKGROUND:
Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution authorizes the creation of
special districts that function as independent, limited governments. The City has two of these “special
districts”, the Rayzor Ranch Public Improvement District (PID), and the Hunter/Cole Municipal
Management District (MMD). A Municipal Utility 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.
Originally, MUDs were very limited in what they were allowed to finance and what services they could
provide. Over time, MUDs began taking on more responsibilities and providing enhanced services for their
residents, such as parks and recreation, deed restriction enforcement, and solid waste services. MUDs rely
on the County to provide police, fire, and road maintenance services. A MUD can be created by either:
1. the Texas Legislature following adoption of a district creation bill; or
2. the Texas Commission on Environmental Quality (TCEQ) following a petition and consent process
described in the Texas Water Code. Provided as Exhibit 4 is the Texas Water Districts: A General
Guide published by TCEQ providing additional background on these special districts.
A MUD established by TCEQ is initiated by a property owner by submitting a Petition for Consent to
Creation of a Political Subdivision in the Extraterritorial Jurisdiction. These MUDs are governed by both
Section 54.016 of the Texas Water Code and Section 42.042 of the Texas Local Government Code. For
property located in the City’s ETJ to be included in a MUD, City Council consent is required prior to
creation as part of the TCEQ process.
If the land is in the City’s ETJ, then the City may enter into a development agreement with the property
owner, pursuant to Section 212.172 of the Local Government Code. The City can also require that the
MUD construct all public facilities to City specifications, according to Section 54.016(e) of the Water Code.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
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On February 11, 2020 City Council approved a resolution consenting to the creation of Denton County
MUD 11, which was a 247-acre parcel in the City’s ETJ Division 2. The City does not have platting
authority in ETJ Division 2, and the parcel is not within the City’s water and sewer service area as delineated
in the City’s Certificate of Convenience and Necessity (CCN).
City Council will need to consider two additional consent requests for the creation of the following:
1. Legends Ranch MUD
• 496-acres in ETJ Division I
• Within the City’s CCN
• 1,619 single-family detached units
• 26+/- acres of multi-family
• 8+/- acres of commercial
• TCEQ Consent Request
2. LaLa Ranch MUD Expansion
• 656-acre tract single ownership “Parent Tract”; split between ETJ Division 2 and unincorporated
Denton County
• HB 4719 created the 345-acre LaLa Ranch MUD in 2019
o Boundary was drawn to exclude land with ETJ Division 2 at that time
• Remaining 311 acres in ETJ Division 2 was not part of the original MUD
• Not within the City’s CCN
• TCEQ Consent Request for the expansion of the MUD for the 311 acres in the City’s ETJ
Division 2
DISCUSSION
The purpose of this work session report are as follows:
• Provide background on the City’s jurisdiction within our ETJ and the Comprehensive Plan policy
specific to MUDs in the ETJ; Future Land Use Policy 2.16.3 states: Discourage the establishment
of Municipal Utility Districts (MUDs) in Denton’s ETJ without appropriate development review;
• Provide a general overview of the two pending MUD consent requests to provide context for policy
discussion as it relates to ETJ Division 1 and Division 2, and any obligations the City may have in
providing a MUD with water and sewer; and
• Receive direction on the Draft Interim MUD Policy provided as Exhibit 2, in order to bring the
Interim MUD Policy back on May 5, 2020 for adoption. Staff is recommending City Council not
support the creation or expansion of a MUD within the municipal boundaries.
This Interim MUD Policy is intended to serve as a stop-gap to provide staff direction for preparing agenda
items for the two pending MUDs and future MUD requests. The interim policy will also set the framework
for the associated Consent Agreements. It is envisioned that the policy will be in place on an interim basis
in order for Council to provide additional policy direction on both the City’s Annexation Plan, which has
not been updated since 1999, and on the Interlocal Coordination Agreement (ICA) with Denton County
regarding subdivision review in the ETJ. Staff anticipates bringing these two items to a future work
session(s) this summer.
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EXHIBITS
1. Agenda Information Sheet
2. Draft Interim Municipal Utility District (MUD) Policy
3. Presentation
4. Resolution 18-1039, City’s Public Improvement District (PID) Policy
5. TCEQ’s Texas Water Districts: A General Guide
Respectfully submitted:
Richard D. Cannone, AICP
Deputy Director/Planning Director
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April 28, 2020 DRAFT 1
CITY OF DENTON
Municipal Utility District (MUD) Interim Policy
(DRAFT)
PURPOSE & INTENT
The City of Denton wishes to allow the prudent use of political subdivisions that are created
pursuant to Article III, Section 52, and/or Article XVI, Section 59, of the Texas Constitution and
Chapter 54, Municipal Utility Districts (MUDs) of the Texas Water, to facilitate development
within the City’s extraterritorial jurisdiction that is generally consistent with the City’s
Comprehensive Plan.
The purpose of this policy is to carry out the following purposes to the extent allowed by law:
• Encourage superior development that exceeds the City’s minimum standards;
• Allow the City to enforce reasonable land use and development regulations;
• Provide for construction of infrastructure consistent with City standards and City
inspection of such infrastructure;
• Facilitate cost-effective construction of infrastructure to serve the area within the MUD,
including police and fire stations, that is consistent with City standards and plans, so
that the potential financial burden on the citizens of Denton will be reduced, in the event
of annexation of such land by the City;
• Provide for extension of water and wastewater lines that will serve future growth in the
City and its extraterritorial jurisdiction consistent with the City’s master utility plan;
• Establish guidelines for reasonable conditions to be placed on:
o Issuance of bonds by the MUD; and
o The City’s consent to creation of the MUD, to ensure that the creation of a MUD
would not detrimentally compete with the City’s utility systems;
• Establish guidelines for other mutually beneficial agreements by the City and the MUD;
• Provide a procedural framework for responding to a petition seeking the City’s consent
to the creation of the MUD; and
• Encourage communication with Denton County officials and staff in which a proposed
MUD is to be located.
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APPLICABILITY
Before the City Council consents to 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
2. Whether the proposed area lies in the City’s ETJ of two (2) or more cities or is within
Division 2 of the City’s ETJ.
If the determination on both issues 1. and 2. above is negative, then City Council should
consider offering their consent for the creation of the MUD while applying conditions and
restrictions to consent pursuant to these policies.
If the determination on either of the two issues is affirmative, then the City Council may not
consent to creation, and may move to annex the land (if NAA), defer to Denton County, or the
City may attempt to work through any outstanding issue that prevents the City from providing
consent.
The City of Denton will not support the creation or expansion of a MUD within its
municipal boundaries.
POLICIES
In order for the City Council to consent to the creation of, or inclusion of land within a MUD,
then it shall implement the following as conditions to the City's consent, and such requirements
shall be stipulated in the consent resolution and/or other ancillary agreements including, but
not limited to, a development agreement and strategic partnership agreement, unless the City
Council determines that requirements are not appropriate with regard to a specific MUD.
These policies are intended to implement and further reinforce adopted policies in the City’s
Comprehensive Plan, including, but not limited to Future Land Use Policy 2.16.3 which states:
Discourage the establishment of Municipal Utility Districts (MUDs) in Denton’s ETJ without
appropriate development review.
POLICY 1: BASIC REQUIREMENTS FOR CREATION OF MUDS.
Before consenting to the creation of a MUD, the City Council should consider whether the
creation of the MUD is feasible, practicable, and necessary for the provision of the proposed
services and would be a benefit to the land, and therefore warrants the City’s consent,
consistent with the other considerations in this policy. The City’s basic requirements for
creation of a MUD shall be that:
a. Superior Development. The zoning and development standards generally exceeds the
minimum standards of the Denton Development Code;
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b. Extraordinary Benefits. The development provides extraordinary public benefits that
advance the vision and goals of the Comprehensive Plan, such as, but not limited to,
extension, financial contribution, and/or enhancement of master planned infrastructure,
diversity of housing, and enhanced parks, trails, open space, and recreational amenities
that are available to the public;
c. Enhance Public Service and Safety. The development enhances public services and
optimizes service delivery through its design, dedication of sites, connectivity, and other
features.
d. City Exclusive Provider. The development further promotes the City as the exclusive
provider of water, sewer, solid waste, and electric utilities where it is located within the
city’s single or multiple certified service areas;
e. Fiscally Responsible. The development is financially feasible, doesn’t impair the City’s
ability to provide municipal services, and would not impose a financial burden on the
citizens of Denton in the event of annexation;
f. Finance Plan. The developer(s) contributes financially to cover a portion of
infrastructure expenses without reimbursement by the MUD or the City and as reflected
in conditions placed on the issuance of bonds by the MUD;
g. Annexation. The development will not impair the City’s future annexation of the MUD or
adjacent property or impose costs not mutually agreed upon.
POLICY 2: ADDRESS PROVISION OF PUBLIC SERVICES, AND ADDRESS PUBLIC SAFETY MATTERS
IN THE CONSENT AGREEMENT
If City Council elects to consent, the Consent Agreement shall include the following conditions
and restrictions:
a. Require MUD to provide facilities to enhance public services and optimize locations for
service delivery.
b. Require donation of land to City (as applicable) for fire stations or other public safety
facilities as determined by the City.
c. If the City provides fire protection services within the MUD, a Fire Protection Agreement
with the City must be approved by City Council. The agreement will include terms and
conditions for the MUD to receive full City of Denton Fire Protection services and
include a Fire Service Improvement Fee (or similar fee) to fund fire station construction
and operations.
d. Require roadway design to enhance access and reduce response times to properties
located outside of the MUD.
e. The MUD consent agreement may, at the City's discretion, include an Interlocal
Consent Agreement ("ICA") to contract with the City of Denton for fire, police, and solid
waste services on terms acceptable to the City.
f. A MUD shall provide a streets maintenance program approved by the City Engineer that
is consistent with City standards and should include appropriate consultation with the
County Engineer.
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POLICY 3: ADDRESS UTILITY SERVICE ISSUES AND INCLUDE THOSE UTILITY SERVICE
PROVISIONS IN THE CONSENT AGREEMENT OR DEVELOPMENT AGREEMENT.
If City Council elects to consent, the Consent Agreement shall include the following conditions
and restrictions:
a. Require all utility facilities that service the MUD to be consistent with the Utilities Master
Plan.
b. Require the construction of specific regional infrastructure improvements consistent with
the City's comprehensive plan and utility master plans and that are beneficial to the City.
Examples include:
1. Master planned public infrastructure improvements, including but not limited to,
wastewater interceptors and lift stations, water lines, treatment plants, and major
transportation improvements, that not only provide a benefit to the developed
property, but also to other surrounding properties.
c. Require of the MUD that the City be the water, sewer and electric service provider
where it is located within the city’s single or multiple certified service areas.
d. All fees, rates, and charges for water and wastewater service will be billed and collected
by the City.
e. That a MUD will not enter into an agreement with another Public Water System, MUD,
or municipality to receive water and wastewater services without the prior written
approval from the Denton City Council.
f. All water, wastewater, drainage and road infrastructure constructed by the MUD will
become City owned and operated infrastructure unless City Council grants an
exemption. Therefore, plans for MUD infrastructure shall be prepared, reviewed and
approved in accordance with City ordinances. MUD infrastructure shall be constructed
in accordance with City design standards. The City reserves the right to inspect all
facilities being constructed by or on behalf of the MUD and to charge inspection fees
required by ordinance.
1. If granted an exemption by city council, any future ownership and operations
requested will not be considered by City Council unless the infrastructure
improvement has been replaced once it reaches 75% of its life expectancy, or
sufficient (as determined by the City) capital reserves have been established to
cover these replacements costs.
g. Require that the MUD establish an Operation and Maintenance (O&M) Tax pursuant to
Section 49.107 of the Water Code with the following limitations:
1. Any surplus O&M tax funds that are not needed for the purposes for which they
were collected shall be deposited in capital reserves replacement account.
h. Require the cost to relocate any existing utility infrastructure to be borne by the
developer and/or MUD, not the City.
i. Limit City cost-sharing on MUD off-site improvements to only those circumstances
where the necessity for the improvement is so great that limited CIP funds are
appropriate for overall system wide improvements that benefit multiple properties (i.e.,
pro-rata agreements, utility oversizing and/or regional improvements that the City can
afford to participate in).
j. Address water and wastewater rates. Generally, the rates for ETJ MUDs customers
should be the same as for other out of City customers.
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k. Require all MUDs and their residents comply with City of Denton water conservation
and drought contingency plan-related ordinances.
l. Address rates, treatment capacity, utility and other easements necessary for City
services, capacity for dwelling units, gallons per day usage for water and wastewater,
water, wastewater and electric infrastructure, permitting and design, and fiscal surety.
POLICY 4: SPECIFY THE AMOUNT OF DEBT INTENDED TO BE ISSUED, THE PURPOSE OF THE
DEBT, AND THE DEBT SERVICE SCHEDULE, AND INCLUDE THOSE FINANCIAL PROVISIONS IN
THE CONSENT AGREEMENT
If City Council elects to consent, the Consent Agreement shall include the following conditions
and restrictions:
a. The MUDs authorizing order or resolution regarding the issuance of any series of
bonds, which bonds shall be and remain obligations of the MUD until its dissolution,
must be provided within forty-five (45) days of approval by the MUD. The City Council
may refuse to give its consent to the issuance of bonds or limit the amount of bonds
issued by the MUD if the MUD is not in compliance with the City's requirements
contained in the consent agreement or ancillary documents.
b. The City will request compliance with the following terms and reporting requirements:
1. Once the MUD has established a maturity date for its initial bonds, the maturity
date for any additional bonds will not extend beyond the maturity date for the
initial bonds, without the consent of the City.
2. The City may limit a MUD to only issue bonds for the purposes of providing
water, wastewater and drainage improvements as provided in Texas Water
Code, Section 54.016(e).
3. The City may approve the issuance of MUD bonds for park or road
improvements if the park or road improvements for which the bonds are issued
are included in the City's master plans.
4. At least forty-five (45) days before the issuance of bonds, except refunding
bonds, the MUD's financial advisor shall certify in writing that bonds are being
issued within the existing economic feasibility guidelines established by the
TCEQ, whether or not the MUD has been approved by the TCEQ. The report,
provided to the City Manager, should also state the following:
i. The amount of bonds being proposed for issuance,
ii. The projects to be funded by such bonds,
iii. The proposed debt service tax rate after issuance of the bonds.
iv. Within thirty (30) days after the MUD closes the sale of a series of bonds,
the MUD shall deliver to the City Manager a copy of the final official
statement for such series of bonds as well as any additional information
requested by the City and provide the City with a complete transcript of
bond proceedings within sixty (60) days after the date the bonds are
delivered.
c. All City property and land shall be exempted from all MUD taxes, assessments, charge,
fees and fines of any kind.
d. The MUD shall send a copy of the order or other action setting an ad valorem tax rate to
the City Secretary and the City Manager within thirty (30) days after MUD's adoption of
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the rate.
e. The MUD shall send a copy of its annual audit to the City Manager and Finance Director
within thirty (30) days after approval by the MUD Board of Directors.
f. The MUD shall provide copies of any material event notices filed under Rule 15c2-12 of
the Securities and Exchange Commission and other applicable federal securities laws
or regulations to the City Manager within thirty (30) days after filing such notices.
POLICY 5: ADDRESS FUTURE MUNICIPAL ANNEXATION OF A MUD, WHEN LOCATED IN
DIVISION 1 OF THE ETJ AND FUTURE EXPANSIONS OR ANNEXATIONS OF A MUD.
If City Council elects to consent, the Consent Agreement shall include the following conditions
and restrictions:
a. The City will not approve full-purpose annexation for a MUD until all debt is paid and
any water, wastewater, drainage and roadway infrastructure that the city will assume
ownership of has been replaced once it reaches 75% of its life expectancy, or sufficient
(as determined by the City) capital reserves have been established to cover these
replacements costs.
b. The City may annex any or all commercial development within the MUD as a limited
purpose annexation pursuant to a Strategic Partnership Agreement under Local
Government Code, Section 43.0751, and may impose a sales and use tax within the
area annexed for limited purposes.
c. At the City's option, a "limited district" may be continued in existence after annexation to
maintain amenities or services beyond what the City typically provides.
1. In such cases, the MUD shall enter into a Strategic Partnership Agreement
stating conditions on which the MUD will be converted to a limited district that will
continue to exist following full purpose annexation.
d. A MUD may not extend the boundaries of the MUD unless the City Council first adopts
a resolution giving its consent to the extension. The conditions contained in the
resolution consenting to the creation of the MUD also apply to any boundary extension,
unless the resolution approving the MUD's proposed boundary extension states
otherwise. Conversely, the MUD may not enter into an agreement to be annexed, in
whole or in part with another MUD without written authorization from the City.
POLICY 6: REQUIRE DEVELOPMENT IN A MUD TO EXCEED MINIMUM DDC LAND USE AND
DEVELOPMENT STANDARDS AND ADDRESS THE LAND USE PROVISIONS IN THE CONSENT
AGREEMENT OR RELATED AGREEMENT.
If located within Division 1 of the City’s ETJ, a development agreement, pursuant to Local
Government Code, Section 212.172 to extend the City's planning authority over land included
in the MUD by providing for City Council approval of a development plan, authorizing
enforcement by the City for land use and development regulations, and include other lawful
terms and considerations the parties consider appropriate must be submitted concurrent with
the request for a consent agreement.
a. The development agreement may include provisions that are mutually acceptable to the
parties related to the following matters:
1. Land use plan reflecting all approved land uses and residential densities
consistent with the Comprehensive Plan, however City Council may prohibit
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certain uses deemed incompatible with residential uses;
2. Compliance with City construction codes, including permit requirements;
3. Compliance with City and other applicable ESA, Tree Preservation, Gas Well
Setbacks, and storm water and water quality regulations;
4. Higher development and design standards for residential and nonresidential land
uses to promote a superior development; and
5. Dedication and development of park areas in accordance with Policy 7 herein.
b. All efforts should be made to exclude commercial/retail land area from a MUD in favor
of full-purpose annexation, or a Strategic Partnership Agreement should be required
allowing the City to collect sales taxes from the area.
1. The Strategic Partnership Agreement should provide that the City is entitled to
receive up to 100% of the sales taxes collected, and that none of those taxes
should be shared with the MUD unless special circumstances exist.
2. City shall conduct site plan review to current City standards for uses other than
one- and two-family residential uses.
c. Require a diversity of housing offered within the MUD that is consistent with the
Comprehensive Plan.
d. Conservation subdivision design that clusters development in low impact areas and
maintains existing topography, scenic views, natural drainage flows, and wildlife habitat.
e. Require public school location(s) to be provided, if desired by the applicable School
District.
1. Location(s) of school sites should be in a central, walkable location within a
residential neighborhood away from an arterial or major collector roadway
identified in the Mobility Plan or on the MUD land use plan.
f. Require a land use plan to be attached to the Consent Agreement and require major
amendments to a MUD land use plan to be reviewed by the Planning & Zoning
Commission and approved by the City Council.
POLICY 7: REQUIRE DEVELOPMENT IN A MUD TO EXCEED THE CITY’S PARKLAND DEDICATION
REQUIREMENTS, AND ADDRESS PARKLAND PROVISIONS IN THE CONSENT AGREEMENT
If City Council elects to consent, the Consent Agreement shall include the following conditions
and restrictions:
a. Require installation and maintenance of park facilities.
b. Require connections to regional trail network and adjacent uses such as schools across
the development, as well as off-site, to fill in gaps in the City’s planned trail system.
c. Prohibit roads through parkland in a manner that subtracts from net usable park land.
d. Require provision of security and maintenance program.
e. Require protection and perpetuation of unique features on a site that should be
maintained as open space whether for environmental, conservation or scenic views.
f. Environmental Sensitive Areas (ESA) shall not count toward parkland dedication.
POLICY 8: ADDRESS TRANSPORTATION ISSUES AND INCLUDE TRANSPORTATION PROVISIONS
IN THE CONSENT AGREEMENT
If City Council elects to consent, the Consent Agreement shall include the following conditions
and restrictions:
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a. Require an initial traffic study identifying potential impacts on the City’s road system
serving the land proposed to be included in the MUD.
b. Require completion of a Traffic Impact Analysis (TIA) and construction and/or funding of
both on- and off-site improvements identified in the TIA, including roadways identified in
the City's Mobility Plan as part of the subdivision review.
c. That if the City determines that development in a MUD will place a burden on City roads
as a result of a traffic impact analysis, and the MUD has been provided road bond
authority from the City, the MUD will construct, widen, or improve such roads within the
MUD in accordance with the standards set forth in Section 212.904 of the Texas Local
Government Code.
d. Require dedication of right-of-way, inclusion of bike lanes, sidewalks, and aesthetically-
pleasing streetscapes consistent with the Mobility Plan and City street design
standards.
e. Require residential subdivisions to be designed with increased connectivity, reduced
cul-de-sacs, short block lengths, and additional stub outs to adjacent properties, except
where developed as a cluster subdivision.
f. Require creative storm water management and water quality solutions to be provided
such as Low Impact Development ("LID") to minimize any downstream impacts.
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APPLICATION REQUIREMENTS
At the time the petition for consent to creation of a MUD and other required agreements are
submitted, the petitioner shall submit an application fee of $14,210 for MUDs up to 25 acres
and an additional $38 for each acre over 25 acres. The petitioner shall also pay $5,000 as an
initial escrow deposit to cover costs the City may incur through the use of outside legal and
professional consultants.
Upon receipt of the application, the City shall analyze the proposed development and its
potential impact on facilities and services consistent with these adopted policies. It is
encouraged that the petitioner schedule a pre-application meeting with staff prior to submittal.
As part of the written statements on how the proposed MUD meets or exceeds the policies
established by this policy, the petitioner must also provide the following associated studies:
1. Market study
a. Not more than six (6) months old as of date petition is filed
b. Indicates projections (i.e. units per year and specific years) for proposed
development including single family, commercial, retail etc.
2. Financial Analysis
a. Developer’s financial statement and experience with districts. If the developer and
the petitioner are different, documentation explaining the relationship between the
developer and the petitioner;
b. Development proforma;
c. Estimated buildout schedule by year with estimated assessed valuations in the
MUD;
d. Cost estimates for proposed improvements and cost summary for anticipated bond
issue requirement and any other proposed MUD facilities to be reimbursed or paid
for by the issuance of MUD bonds;
e. Estimated ultimate amount of bonds to be issued by the MUD, ultimate debt service
requirements and projected MUD tax rate;
f. Projected tax rate and water and wastewater rates; and
g. For creations which include anticipated recreational facilities:
• detailed summary of the proposed recreational facility projects
• estimated costs
• proposed financing methods
3. Engineering/Planning Analysis
a. MUD boundary and vicinity map;
b. Description of existing area, conditions, topography, and proposed improvements,
including an evaluation of the effect the district will have on:
• land elevation
• subsidence
• groundwater level within the region
• recharge capability of a groundwater source
• natural run-off rates and drainage
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• water quality
• 100-year flood computations or source of information
▪ Any area of the proposed District contained in the 100-year flood plain (if
the district contains land within the 100-year floodplain, provide a narrative
statement indicating how this land will be developed or removed from the
flood-plain)
c. Master development plan showing general layout of proposed land uses; major
streets and roads; water, wastewater and drainage facilities; and any other MUD
facilities;
d. Existing and projected populations; and
e. Traffic study identifying potential impacts on:
• The City’s road system serving the land proposed to be included in the MUD and
the county’s road system.
• This traffic study is in addition to any traffic studies required by the City’s
subdivision regulations in connection with submittal of subdivision plats.
4. Public Safety Analysis
a. Information concerning provision of firefighting and law enforcement services.
5. Intergovernmental Coordination Analysis
a. Proof that the petitioner has provided the County Judge and each member of the
Commissioners Court of Denton County: the name, acreage and location of the
proposed MUD, buildout schedule, estimated population at total buildout, impacts to
county roads, and a map of the area; and
b. Statement from the applicable School District that there is current or planned
capacity in existing schools to serve the MUD or that a new school(s) will be
required as a result of the impacts created by the MUD.
6. Other
a. Information on other MUDs or special districts that the developer has used to
develop within Texas. Provide location, current status, density/intensity of
development, related agreements, etc.
b. Any other information as City staff may reasonably require to analyze the need for
the proposed facilities and the development’s potential impact; and
c. Any proposed City agreements.
55
Da
ETJ Special District
Policy Discussion
1
City Council
April 30, 2020
1
56
Legislative changes have stripped the City’s authority to manage growth in our
Extraterritorial Jurisdiction (ETJ).
1.Changes to annexation laws –Limited authority
•Repealed DDC Periphery Development Annexation regulations with 2019 DDC
2.The Texas Legislature has expanding the powers MUDs (water district) can possess and
effectively transformed MUDs into general purpose-like governments.
•Building roads
•Creating parks and trails
•Eminent domain authority (if granted)
•Annexation authority
3.In the past 6-month, 3 separate MUD requests (Denton Co. #11, Legends Ranch, & LaLa
Ranch
Why are we here?
MUD ETJ Policy Discussion04/30/2020 2
57
Extraterritorial Jurisdiction (ETJ) -42.021 TLGC
•3.5 miles if a municipality has 50,000 to 99,999 inhabitants; or
•5 five miles if a municipality has 100,000 or more inhabitants.
Denton County Interlocal Cooperation Agreement -242.001 TLGC
•Entered close to 100,000 inhabitants
•Two Divisions:▪Div. 1 –3.5 miles (City Platting Authority)▪Div. 2 –3.5 to 5 miles (County Platting Authority)
City Jurisdiction
MUD ETJ Policy Discussion04/30/2020 3
58
MUD ETJ Policy Discussion04/30/2020 4
Water and Wastewater
•Certificate of Convenience and
Necessity (CCN) Service Areas
o ETJ Div. 1
o Bolivar (northern)
o Argyle (southern)
City Jurisdiction
City cannot refuse, service, but
extensions of service have to be in
accordance with any local Code or
Extension Policy.
Extensions to be made at the cost of
the developer/requestor
59
MUD ETJ Policy Discussion04/30/2020 5
City Jurisdiction Summary
ETJ MUD Consent Platting (ICA)Water/Sewer (CCN)
Div. 1 Yes Yes Yes (majority)
Div. 2 Yes No No
60
Special Districts (most common)
MUD ETJ Policy Discussion04/30/2020 6
Public Improvement
District (PID)
Municipal Utility District
(MUD)
Municipal Management
District (MMD)
Location City (ETJ)ETJ (City)City
Creation City Legislature or TCEQ Legislature or TCEQ
Debt Issuance City District District
Function Assessment District Independent, limited purpose
political subdivision
Independent, limited purpose
political subdivision
Governance City Council Board of Directors Board of Directors
Legislation 1971 1987 1991
Eminent Domain Yes, City Yes, if authorized No
61
What is a MUD
•Special district that function as
independent, limited purpose
political subdivision.
•The purpose of a MUD is to provide a
developer an alternate way to finance
infrastructure, such as water, sewer,
drainage, and road facilities by issuing
bonds to reimburse those costs.
•Managed by a Board elected by
property owners within the MUD.
04/30/2020 MUD ETJ Policy Discussion 7
62
Creation of a MUD
Two options:
1.District creation bill by the Texas Legislature; or
2.Texas Commission on Environmental Quality (TCEQ) following a petition
and consent process described in the Texas Water Code.
•For property located in the City’s jurisdiction, to be included in a MUD,
City consent is required prior to creation as part of the TCEQ process.
•Governed by Section 54.016 of the Texas Water Code and Section
42.042 of the Texas Local Government Code
04/30/2020 MUD ETJ Policy Discussion 8
63
1.Unconditionally consent.
2.Conditionally consent .Cannot require annexation.
3.Fail or Refuse to consent.Statute provides for a 120 day
period for negotiation of a contract for City water and
sewer service. If a contract for service is not executed, 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.
City’s Options
MUD ETJ Policy Discussion04/30/2020 9
City’s options related to the creation of a district in its ETJ are very limited, and all potential options result in the
MUD being created. Option include:
64
•Authorized under Chapter 372 TLGC (last amended in 2011)
•Defined geographical area established to provide specific
types of [capital] improvements or maintenance within the
area which are financed by assessments against the
property owners within the area.
Public Improvement District (PID)
MUD ETJ Policy Discussion04/30/2020 10
1987 -Original PID Legislation
1988 to 2007 -PIDs used for funding
maintenance and of HOA facilities and “pay-a
you-go” capital costs
2007 -1st “true” PID revenue bond issued by
Trophy Club $27.5 million by for The
Highlands Development
OPTION
Cities now using PIDs as tool to encourage annexation and “in-city” development as an
alternative to the creation of a MUD their ETJ.
65
ETJ Div. 1 Options
04/30/2020 MUD ETJ Policy Discussion 11
MUD VS.PID
Developer Full Control City Control
No City Debt Obligation City Debt Obligation
Reimbursement Bonds Revenue Bonds
Collect Water &
Wastewater Impact Fees
Only
Collect All Impact Fees &
Service
No Tax Revenue Tax Revenue
Provided by Denton County.
Possible Fee for Police & Fire
Police & Fire costs included
in ad valorem tax rate
City Fees for Subdivision
Review & Inspections
City Fees for Subdivision
Review & Inspections
Policy Consideration:
1.Should the City adopt a MUD policy with
general conditions and restrictions for a
Consent Agreement (and related
agreement); and
2.Should the City offer a PID through a
Development Agreement, if annexed into
the City to dissuade the creation of a MUD
in ETJ Division 1.
Even with option 2, a MUD policy is still needed
as there is no guarantee annexation/PID would
occur.
66
Intent:
Gain land use control in extraterritorial jurisdiction (ETJ) and
plan for long‐term annexation.
Current Policy Resolution 18-1039.
•Demonstrable Public Benefit
•Development is in the ETJ and owner is willing to
voluntarily annex into the City in exchange for a PID.
Current PID Policy
MUD ETJ Policy Discussion04/30/2020 12
67
Case-by-case basis
•Unconditional consent;
•Refuse consent, or as a condition to consent
defer to Denton County; or
•Attempt to work through any outstanding
issue that prevents the City from providing
consent.
Property within ETJ 2 is not within the City’s CCN
for water or sewer.
ETJ Div. 2 Options
MUD ETJ Policy Discussion04/30/2020 13
68
MUDs seeking consent (TCEQ):
1.Legend’s Ranch –ETJ Div. 1
2.LaLa Ranch Expansion –ETJ Div. 2
Pending MUD Requests
MUD ETJ Policy Discussion04/30/2020 14
La La Ranch MUD Expansion
Legend’s Ranch MUD
69
532 acres tract
•36 acres in the City, excluded from MUD
•Comp Plan and Rezoning required
MUD 496-acre -TCEQ Consent
•1,619 single-family detached units
•26+/-acres of multi-family
•8+/-acres of commercial
•Water and Sewer extension required
•Within the City’s CCN
Legends Ranch MUD
MUD ETJ Policy Discussion04/30/2020 15
70
656-acre tract single ownership “Parent Tract”
•Split between ETJ Division 2 and unincorporated
Denton County
In 2019, HB 4719 created the 345-acre LaLa Ranch MUD
•Boundary was drawn to exclude land with ETJ
Division 2 at that time
Remaining 311 acres in ETJ Division 2 was not part of the
original MUD
•TCEQ Consent Request for the expansion of the MUD for
the 311 acres in the City’s ETJ Division 2
•Not within the City’s CCN
LaLa Ranch MUD Expansion
MUD ETJ Policy Discussion04/30/2020 16
71
Policy Framework
•Purpose and Intent
•Applicability
•Policies
•Conditions and Restrictions for
Consent Agreement
•Application Requirements
Establishes conditions/restrictions for
inclusion in a Consent Agreement
MUD Policy Document
MUD ETJ Policy Discussion04/30/2020 17
72
MUD Policies –8 Broad Policies
MUD ETJ Policy Discussion04/30/2020 18
1.Basic requirements for creation of MUDS.
2.Address provision of public services, and address public safety
matters.
3.Address utility service issues, and include those utility service in
the consent agreement or development agreement.
4.Specify the amount of debt intended to be issued, the purpose of
the debt, and the debt service schedule, and include those
financial provisions in the consent agreement.
5.Address future municipal annexation of a MUD, when located in
Division 1 of the City’s ETJ and future expansions or annexations of
a MUD.
6.Require development in a MUD to exceed minimum DDC land use
and development standards and address the land use provisions.
7.Require development in a MUD to exceed the City’s parkland
dedication requirements, and address parkland provisions.
8.Address transportation issues and include transportation
provisions.
Policy Statement
Conditions/Restrictions to include in
Consent Agreement or related agreements
73
Future Policy Discussions
MUD ETJ Policy Discussion04/30/2020 19
It is envisioned that the policy will be in place on an interim basis in order for
Council to provide additional policy
Annexation
Policy/Plan
(Future WS)
•Non-Annexation Agreements
•Voluntary Annexation
•Annexation Plan last updated in 1999
Platting in ETJ
•Amendment to the
ICA with Denton
County
•Tree Preservation
in ETJ Div. 1
(Future WS)
•Interlocal Cooperation Agreement (ICA) culmination of the 2, plus
addressing roadway design;
•County zoning review in Lake Ray Roberts Overlay; and
•Addition of tree preservation in the ETJ (San Antonio case & Leg
put regs in LGC 212, platting/subdivision rules).
74
Next Steps
May 5, 2020 Council Meeting
•Adopt Interim MUD Policy, work on DDC
provisions
•Consider Legends Ranch petition to create MUD
June/July
•Work Session on Annexation Policy
August/September
•Amendment to ICA with Denton County
Discussion
MUD ETJ Policy Discussion04/30/2020 20
75
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Keely G. Briggs, District 2:
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PASSED AND APPROVED this the o i ° da of G,/ZP ........,,_ 2018. Y —...- .. ------ —,
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CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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80
TCEQ GENERAL INFORMATION
Water Supply Division
GI-043 ● October 2019 (Revised)
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY • PO BOX 13087 • AUSTIN, TX 78711-3087
The TCEQ is an equal opportunity employer. The agency does not allow discrimination on the basis of race, color, religion, national origin, sex, disability, age, sexual orientation, or veteran status. In compliance with the Americans with Disabilities Act, this document may be requested in alternate formats by contacting the TCEQ at 512-239-0010, fax 512-239-4488, or 800-RELAY-TX (TDD), or by writing PO Box 13087, Austin TX 78711-3087. We authorize you to use or reproduce any original material contained in this publication—that is, any material we did not obtain from other sources. Please acknowledge the TCEQ as your source. Printed on recycled paper. How is our customer service? tceq.texas.gov/customersurvey
Texas Water Districts:
A General Guide
Contents
Terms We Use.................................................................. 2
The Basics ......................................................................... 2
What Is a Water District?............................................... 2
How Are Districts Created? .......................................... 2
Who Regulates a District? ............................................. 2
Districts and the Law .................................................... 3
Which Laws Apply to Districts? .................................. 3
General Law ................................................................. 3
Special Law ................................................................... 3
Where Can I Find Copies of These Laws? ................. 3
General Law ................................................................. 3
Special Law ................................................................... 5
Types of Districts .......................................................... 5
MUDs ................................................................................... 5
WCIDs ................................................................................. 5
SUDs ................................................................................... 5
River Authorities ............................................................. 6
What Districts Can Do .................................................. 6
Incur Debt .......................................................................... 6
Levy Taxes ......................................................................... 6
Charge for Services and Adopt Rules ........................ 7
Enter into Contracts ....................................................... 7
Obtain Easements............................................................ 7
Exercise Eminent Domain ............................................. 7
Your District’s Directors ............................................. 8
What Do the Directors Do? ........................................... 8
How Are Directors Selected? ........................................ 8
How Can I Find Out Who These Directors Are? ..... 8
Are These Directors Paid? ............................................. 9
Can Directors Be Employed by the District? ........... 9
Can Directors Be Employed by a Developer? .......... 9
Can Directors Be Recalled? ........................................... 9
May I Attend the Directors’ Meetings? .................... 10
Billing and Rates ........................................................... 10
What If the District Won’t Serve My Property? ..... 10
Must I Connect to the District’s Sewer System? ... 10
Can I Get My Lot Out of the District? ...................... 10
Helping Your District Succeed ................................ 11
Attending Board Meetings .......................................... 11
The Open Meetings Act .......................................... 11
Exceptions to the OMA ........................................... 12
Reporting Violations of the OMA ........................ 12
More Information about the OMA ....................... 12
Participating in Elections ............................................ 13
When Are Director Elections Held? ..................... 13
What If the Election Doesn’t Seem Right? ......... 13
Staying Informed ........................................................... 13
Notice of Tax Rate .................................................... 13
Notice to Purchaser ................................................. 14
Audited Financial Statements ............................... 14
Directors’ Pay Statements ...................................... 14
Using the Public Information Act ............................. 15
Assistance with Concerns ......................................... 15
Making Sure Your Concerns Are Addressed ......... 15
Getting More Information ........................................... 16
Getting TCEQ Publications .......................................... 16
Not all water districts in Texas are the same. Though most are subject to the Water
Code, they can vary in size, type, services offered, customer policies, and customer
base as well as the authority to manage their operations. That’s why it’s important for
customers to have a general understanding of their water district, its obligations to
them and its service area.
81
Texas Water Districts: A General Guide TCEQ publication GI-043
2 October 2019
If you’re a customer, resident, or simply an interested citizen, this guide will give you
an overview of Texas water districts. It offers you helpful tips for handling common
customer problems and answers several related questions.
Terms We Use
• The term “water districts” (or “districts”) refers to various types of
political subdivisions created under general law or by special law.
• The terms “board” and “director” refer to the individual boards
and directors that oversee these districts.
• The pronoun “we” refers to the staff of the Texas Commission on
Environmental Quality (TCEQ).
• The phrase “TCEQ rules” refers to the regulations found in Title 30
of the Texas Administrative Code (TAC).
• All of the codes mentioned in this guide are Texas statutory codes—for
example, the “Water Code” is the Texas Water Code. We do not
reference any federal or city codes or regulations in this guide.
The Basics
What Is a Water District?
A water district is a local governmental entity that provides limited services to its
customers and residents, depending on the type of district. See “Types of Districts,”
below, to find out more about the services each type of district provides.
How Are Districts Created?
Through “general law,” a district may be created by the TCEQ or a county
commissioners court. Through “special law,” a district can be created or altered by an
act of the Texas Legislature. In the rest of this guide, you’ll learn how these two ways
to create districts differ and how these differences affect customers.
Who Regulates a District?
Although the Water Code gives the TCEQ a continuing right of supervision over all
districts and authorities, we do not control a district’s daily operations. Decisions
concerning the daily operation of a district are the responsibility of the district’s
board. TCEQ staff helps district board members and their consultants understand the
complex and varied laws and regulations under which a district must operate.
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TCEQ publication GI-043 Texas Water Districts: A General Guide
October 2019 3
Districts must also comply with state and federal regulations before they can engage
in various activities. For example, the TCEQ regulates drinking-water quality and
wastewater discharges.
Districts and the Law
Which Laws Apply to Districts?
To determine which laws apply to a district, you will have to determine how the
district was created. Each district is created either through the general-law process
or the special-law process.
General Law
For present purposes, a general law is one in which the terms and conditions apply
to every part of the state.
Districts created under general law must follow Chapter 49 of the Texas Water Code as
well as the chapter that applies to that specific type of district. These laws describe the
powers and duties of each type of district and state the administrative rules that
districts must follow.
These districts must also comply with other laws. For example, when holding elections
for board positions, a district must follow the Election Code. A district may also have
to comply with the Government Code, Health and Safety Code, Local Government Code,
Penal Code, and Tax Code, depending on the type of district it is and its powers. See
Table 1 for a short list of the laws that may affect a district created by general law.
Special Law
For present purposes, a special law is a set of rules that is applicable only to a
particular place or to a specific individual, corporation, or organization.
Districts created by special law must comply with its enabling legislation—that is,
the act that created the district or altered its powers and functions. The enabling
legislation will also indicate other laws that the district must follow—for example,
by referring to the general laws of water districts, which are found in Chapter 49
of the Water Code. Consequently, you will have to research individual legislative acts
to determine all the powers and duties of a special-law district.
Where Can I Find Copies of These Laws?
General Law
In most cases, you can find state laws on the Texas State Law Library’s website,
<www.sll.texas.gov>. (For laws that affect districts created under general law, click
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Texas Water Districts: A General Guide TCEQ publication GI-043
4 October 2019
on “Statutes” in the “Law & Legislation” dropdown menu.) State laws may also be found
at <www.statutes.legis.state.tx.us/>.
Use the citations given in Table 1 to look up the law you need.
Table 1. Finding General-Law Legal References
Find this general-law topic … In …
TCEQ rules (official version) Title 30 TAC, at
<www.sos.state.tx.us/tac/index.shtml>
Administrative provisions TWC Chapters 49
Municipal utility district TWC Chapters 49 and 54
Water control and improvement districts TWC Chapters 49 and 51
Special utility districts TWC Chapters 49 and 65
Open Meetings Act TGC Chapter 551
Public Information Act (Open Records) TGC Chapter 552
Public Funds Investment Act TGC Chapter 2256, Subchapter A
Public Funds Collateral Act TGC Chapter 2257
Contract award (competitive bidding) TWC Chapter 49
Financial activity levels (audits of districts) TWC Chapter 49
Taxes Texas Tax Code
Uniform election dates TEC Chapter 41
Conflicts of interest TLGC Chapter 171
Impact fees TLGC Chapter 395
Eminent domain TPC Chapter 21; TWC Chapter 49
Rates and fees 16 TAC Chapter 24
Public utilities 16 TAC Chapter 24
Key
TAC: Texas Administrative Code
TEC: Texas Election Code
TGC: Texas Government Code
TLGC: Texas Local Government Code
TPC: Texas Property Code
TWC: Texas Water Code
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TCEQ publication GI-043 Texas Water Districts: A General Guide
October 2019 5
Special Law
If you need to find the enabling legislation for a district created by special law, see if
your library has the law books for the legislative session in which the law was passed.
You can also search the Legislature’s website <www.capitol.texas.gov> for specific
legislation from legislative sessions back to 1989. The enabling legislation for many
special-law districts can be found in the Special District Local Laws Code, which can
be accessed at <www.statutes.legis.state.tx.us>.
Types of Districts
Texas has many types of districts. The four most common types of districts that
provide services to residential customers are municipal utility districts (MUDs), water
control and improvement districts (WCIDs), special utility districts (SUDs), and river
authorities.
MUDs
Municipal utility districts provide water, wastewater (sewage), drainage, and other
services within the district’s boundaries. These other services can include water
conservation, irrigation, firefighting, solid-waste (garbage) collection and disposal
(including recycling activities), and recreational facilities.
A MUD can require its customers to use its solid-waste services as a condition for
receiving its other services. A MUD may provide solid-waste and recycling services
through a private company.
MUDs can acquire, develop, or maintain parks or recreational facilities. In certain
counties, MUDs may levy taxes to pay for recreational facilities and set and charge
user fees.
WCIDs
Water control and improvement districts have broad authority to supply and store
water for domestic, commercial, and industrial use; operate sanitary wastewater
systems; and provide irrigation, drainage, and water-quality services.
SUDs
Special utility districts provide water, wastewater, and firefighting services, but cannot
levy taxes.
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Texas Water Districts: A General Guide TCEQ publication GI-043
6 October 2019
River Authorities
River authorities are districts created by special law that operate major reservoirs
and sell untreated water on a wholesale basis. They may have responsibility for flood
control, soil conservation, and protecting water quality. Many river authorities also
generate hydroelectric power, provide retail water and wastewater services, and
develop recreational facilities.
Most river authorities have no authority to levy a tax but can issue revenue bonds
based on the revenues projected from the sale of water or electric power. River
authorities often encompass entire river basins, extending into many counties.
What Districts Can Do
State law gives districts the power to establish the authority, rights, and duties
necessary to accomplish the specific purposes for which they are created. The powers
of a district created under general law are determined by district type. The powers of a
district created by special law are determined by its enabling legislation.
Most districts have the power to:
• incur debt
• levy taxes
• charge for services and adopt rules for those services
• enter into contracts
• obtain easements
• exercise eminent domain
Incur Debt
Many districts can issue bonds and other forms of debt. The Texas Constitution
requires that all debt secured by tax revenues must be approved by district voters.
The TCEQ must approve all district bonds, except for those issued by river authorities,
or those sold to a state or federal agency.
Levy Taxes
Not all districts have the power to levy taxes. For example, most river authorities
cannot levy a tax. With voter approval, other districts may levy a maintenance tax to
cover the costs of operating and maintaining the district’s water and sanitary sewer
system. The maintenance tax rate authorized by voters cannot be exceeded without
additional voter approval.
Districts may also seek voter authorization to issue unlimited tax bonds. In
authorizing these bonds, the voters also approve an unlimited debt-service tax to pay
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TCEQ publication GI-043 Texas Water Districts: A General Guide
October 2019 7
off the bonds. After these bonds are issued, the district’s board of directors must levy
an annual property tax sufficient to cover the district’s outstanding debt. This tax is
levied on all property in the district based on appraised value—regardless of the
services received by each landowner.
To learn more about your district’s taxing authority, see “Notice of Tax Rate,” toward
the end of this guide.
Charge for Services and Adopt Rules
Districts may adopt rules to govern their methods, terms, and conditions of service.
These rules also may address water distribution, water conservation, and the safety
and sanitation of sewer systems. Districts must keep their rules on file at their main
office.
Persons who violate a district’s rules can be subject to penalties. A district has the
authority to stop providing its services for nonpayment of an authorized charge.
Districts may employ peace officers who can arrest individuals whose actions violate
district rules on land owned or controlled by the district. These peace officers can also
make arrests to prevent violations of state laws.
Enter into Contracts
Districts may contract for goods and services. When there is a need to contract for
the construction, repair, or purchase of district facilities, a district must seek bids
as follows, based on the value of the contract:
• $75,000 or more—advertise the proposed contract and seek competitive
bids
• $25,000 to $75,000—seek written competitive bids from at least three
bidders
• Less than $25,000—no need to advertise or seek competitive bids
Competitive-bidding requirements do not apply to contracts for a utility-service
operator. State law prohibits districts from considering competitive bids for certain
professional services, including the services of engineers, architects, or auditors.
Obtain Easements
Districts can obtain and use easements to access land owned by another person to
install, inspect, repair, or maintain distribution and collection lines.
Exercise Eminent Domain
Most districts have a limited right of eminent domain, which gives them the power
to condemn any land, easement, or other property inside or outside the district’s
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boundaries when the district needs that property for any district project or purpose—
for example, a water, sewer, storm-drainage, flood-drainage, or flood-control project.
Your District’s Directors
What Do the Directors Do?
The directors are responsible for the business of the district, including any functions
that they may have contracted to a general manager, operator, or other party. They
also administer and control the financial-management, employment, and purchasing
needs of the district. Directors also establish policies for these processes.
How Are Directors Selected?
The governmental body creating a district usually appoints a temporary board of
directors to serve until elections are held. Usually, district voters elect permanent
directors. See “Participating in Elections,” toward the end of this guide, for more
information about these elections.
Some districts created by special law are governed by a board of directors appointed
by a city or other governmental entity (or entities). For example, a river authority’s
directors may be appointed by the governor, the Texas Water Development Board,
or the cities that purchase water from the river authority.
Directors of general-law districts must meet the qualifications for serving on the
board as stated in the Water Code. On our website, you can view a chart that
describes these qualifications. Go to “Forms, Guides, and Rules for Water Districts”
<www.tceq.texas.gov/goto/district-rules> and click on “Qualifications Chart for District
Directors.”
How Can I Find Out Who These Directors Are?
Districts must file a registration form (TCEQ-0179) with the TCEQ to identify their
directors and key consultants. There are four options to obtain information about
district directors:
• Call the district’s office and ask for the directors’ names, mailing addresses,
and telephone numbers.
• Go to the district’s office and ask to view the form that has been filed with
the TCEQ.
• Ask for a copy of the form. (The district can choose to charge you a copying
charge.)
• Call the TCEQ at 512-239-4691 to obtain this information over the phone.
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Are These Directors Paid?
Although directors of general-law districts do not receive a salary, a district’s board is
entitled to receive fees of office for conducting the affairs of the district. Directors who
receive fees of office are also entitled to reimbursement for actual expenses incurred
while engaging in district activities. District directors may receive up to $150 per day
for every working day the director conducts water district business.
Compensation levels for directors of districts created by special law are usually
established by each district’s enabling legislation.
Under “Directors’ Pay Statements,” toward the back of this guide, you can find out
how to learn more about the pay your district’s directors receive.
Can Directors Be Employed Simultaneously by
the District?
A director may be employed as general manager of the district, although the
compensation of a general manager who also serves as a director must be established
by the other directors.
Can Directors Be Employed Simultaneously by a
Developer of the District?
A director may not be an employee of any developer of property in the district, or of
any director, manager, engineer, attorney, or other person providing professional
services to the district. Likewise, a director may not be a developer of property in the
district or a developer in connection with the district.
In addition, districts are subject to Texas Local Government Code (TLGC), Chapter 171,
which regulates conflicts of interest on the board. Based on the TLGC, certain persons
are disqualified from serving as a district director, such as a developer of property in
the district. Certain relatives, employees, consultants, and parties to specified
contracts are also disqualified from serving on the board.
Can Directors Be Recalled?
Texas law does not provide for the recall of district directors. If you are concerned
about this or any other state law, contact your state senator, your state representative,
or both.
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May I Attend the Directors’ Meetings?
Generally, directors’ meetings are open to the public. Contact your district’s office to
find out when and where the directors meet. See “Attending Board Meetings,” below,
to learn more about your right to attend these meetings.
Billing and Rates
Direct your questions or complaints about your bill or rates to the district’s general
manager, operator, or office staff. Make a written note of whom you spoke to, when,
and their response. If you can’t resolve your concerns by working with district staff,
you may approach your district’s board of directors.
If you have additional questions regarding water rates or billing, please contact
the Public Utility Commission (PUC) by phone at 512-936-7405, or by email at
water@puc.texas.gov. You can also file a complaint with the PUC to address your
concerns.
What Can I Do If I Pay Taxes but the District
Won’t Serve My Property?
Paying taxes is not always enough to ensure that you get service. Even if the district
has enough unreserved capacity available, you may still need to pay a charge to hook
up to the district’s facilities, in addition to paying your property taxes. However, if
your district does not have enough capacity to serve your property, the TCEQ cannot
compel your directors to build a new plant just to serve your property. You should
approach your board to inquire about your district’s plans for future capacity.
Although the nearest water or sewer line may be near the edge of your property,
you must pay the cost of extending a line to the point where you want your services
provided. If this is an issue for you, you should have a discussion with your district
about the services needed to accommodate your current and future needs.
Must I Connect to the District’s Sewer System?
Generally, you do not have to connect to the district’s sewer system. However, districts
in some areas of the state can require you to do so. These districts are in counties in
which a political subdivision has received financial assistance for an economically
distressed area. These areas could be anywhere in the state.
Can I Get My Lot Out of the District?
You may not withdraw your lot from the district if the district has issued tax bonds in
the past—even if those bonds have already been paid off. State law is very strict in this
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regard. However, if no election has been held authorizing the issuance of bonds
payable in whole or in part from taxes, directors may call a hearing to consider the
question of excluding your land from the district.
Helping Your District Succeed
A district’s success is determined by the combined efforts of its governing board, local
residents, and its customers. The directors are responsible for defining the district’s
objectives, setting policy, and providing management oversight. The directors should
hire, evaluate, and retain knowledgeable and highly skilled employees and consultants
to help in the district’s operations and management.
As a customer or resident, you can help your district provide efficient and effective
services in these ways:
• Become acquainted with your board members. They are usually your
neighbors.
• Educate yourself about your district’s powers, duties, and abilities.
• Inform yourself about the issues.
• Attend board meetings.
• Share your concerns and opinions with the board. Suggest a course of
action.
• Be active in your district’s election process. Promote and vote for directors
who are willing to address your concerns.
Participating is the best way to ensure your district succeeds.
Attending Board Meetings
The best way to get informed and participate in your district’s business is to attend
the district’s board meetings. State law—the Texas Open Meetings Act (OMA)—is very
specific in stating when and how your board must meet.
The Open Meetings Act
The OMA requires that all significant actions of the district result from the vote of a
quorum of the district’s directors in a properly posted open meeting. To properly post
a meeting, the directors must post a meeting notice in a place that is continually
accessible to the public for at least 72 hours before the meeting. This meeting notice
must state the date, hour, place, and agenda of the board meeting.
Your district’s directors must also follow these rules in their open meetings:
• Allow the public to attend and make any reasonable accommodations
necessary.
• Address only those items posted on the agenda.
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• Allow any member of the public to videotape or record all or any part
of the meeting. (Directors may adopt rules to specify where the recording
equipment may be placed and how the recording can be made.)
Although the OMA requires the board to post their agenda and to allow the public to
attend meetings, it does not entitle the public to choose agenda items. In addition, the
directors may adopt reasonable rules regarding the public’s right to address the items
on the agenda, including rules that limit the total amount of time that a member of the
public may address the board on a given item.
To find out about your district’s open meetings, where meeting notices are posted, and
any director adopted rules call the district office. If you don’t know the district’s
telephone number, call the TCEQ at 512-239-4691 for assistance.
Exceptions to the OMA
The OMA is especially strict regarding its requirement that meetings be posted at least
72 hours before the meeting. Exceptions to this provision are allowed, but only for
emergencies. An emergency typically involves either an imminent threat to public
health and safety or an unforeseeable situation that requires immediate action.
The OMA is equally strict regarding its requirement that meetings be open
to the public. Meetings may be closed to the public only under specific, limited
circumstances—contract negotiations, consultations with the board’s attorney about
litigation, consideration of personnel matters, real-property transactions, and security
deployment. Furthermore, the board may not make a decision, take final action, or vote
on these matters during the closed session. These activities must take place in an open
meeting. Usually, this open meeting immediately follows the closed session.
Reporting Violations of the OMA
If you suspect that a public board or commission has violated the OMA, contact your
local county attorney or district attorney. Neither the Texas Office of the Attorney
General nor the TCEQ has legislative authority to enforce the OMA.
More Information about the OMA
Direct any of your questions about the OMA to the Texas Office of the Attorney
General toll-free at 877-673-6839 (OPENTEX). The Office of the Attorney General also
publishes a guide called the Open Meetings Handbook. You can obtain a copy of this
free publication in either of these two ways:
• Contact the Office of the Attorney General at 512-463-2100.
• Go to the Office of the Attorney General’s website, at <texasattorney
general.gov> (on the “Open Government” tab, click on “Open Government
Publications”).
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Participating in Elections
To participate effectively in elections, you must know when they are held and how
they are run. See “How Are Directors Selected?” above (under “Your District’s
Directors”) to find out which types of districts hold director elections.
When Are Director Elections Held?
For all general-law districts, and some special-law districts, director elections are held
in even-numbered years on uniform election dates: either the first Saturday in February
or the first Saturday in May. The best way to find out where and when elections are
held for your district is to contact your district office.
In a district election, voters elect the appropriate number of directors for four-year
terms. Most directors who oversee districts that are created by special law are
appointed by one or more cities or other governmental entities.
What If the Election Doesn’t Seem Right?
If you suspect that anything irregular occurred in a district election, you must file
to contest the election with the local district court within 30 days after the election.
Before you do this, call the Office of the Secretary of State at 800-252-8683 to discuss
the issues you perceived at the election. The Office of the Secretary of State can answer
any questions you may have about how elections should be conducted. The TCEQ does
not have legislative authority over election issues.
Staying Informed
Two easy ways to inform yourself about issues in your water district are to attend the
board meetings and, for major issues, to read the local newspapers. To learn even
more, study some of the documents your district must make available to the public.
See “Using the Public Information Act,” below, to find out how you can view or get
copies of your district’s open records.
Four documents (or sets of documents) that can give you useful information about
your district are (1) the notice of tax rate, (2) the notice to purchaser, (3) the audited
financial statements, and (4) the directors’ pay statements.
Notice of Tax Rate
Under the Property Tax Code, districts that collect property taxes must publish a
notice of the tax rate before they set or change tax rates. Most districts file this form
once every year. You can ask your district for a copy of this document.
The district’s board of directors must hold a public hearing if there is to be an increase
in the effective tax rate. The effective tax rate must be high enough to cover all of the
district’s debts without any other source of income. This may not be the actual rate
that your district charges. You can attend this hearing and offer your comments.
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For more information about your property taxes, call the Texas Comptroller of Public
Accounts, Property Tax Assistance Division, at 800-252-9121, and tell them you would
like to know more about ad valorem taxes.
Notice to Purchaser
Most districts that provide retail utility or drainage services must prepare a form called
the “notice to purchaser.” This notice states the name of the district, the total amount
of bonds authorized by voters, the amount of tax-backed bonds issued, the current tax
rate, the current standby fee, and other pertinent information.
On Sept. 1, 1999, due to enacted legislation, the list of information that districts must
disclose in this notice grew. The notice must now state whether the property is located
in a city’s boundaries or its extraterritorial jurisdiction and the name of the city in
which the district is located. If a city can annex and dissolve the district without the
consent of the district’s voters or its board of directors, the notice must also disclose
this fact.
If you sell property in one of these districts, it is usually your responsibility to provide
this information to a prospective buyer when the contract for sale is signed. There is
no requirement that the notice be provided both before entering into the contract for
sale and at closing. Districts must file this information with the county clerk and must
designate an agent of notice—usually someone in the district’s office—whom you may
contact for this information. The name of this agent must also be filed with the TCEQ,
so call us at 512-239-4691 if you have trouble finding your district’s agent of notice.
Audited Financial Statements
Your district must have an annual audit prepared by an independent auditor if it meets
any of the following criteria:
• It has outstanding bonds.
• Its gross receipts for the fiscal year were over $100,000.
• Its cash and temporary investments exceeded $100,000 at any time during
the fiscal year.
Among other information, this audit will tell you the total amount paid to each
director and the district’s consultants during the fiscal year.
Copies of this audit are filed in the district’s office and with the TCEQ. To view
your district’s audit, contact your district’s office or call the TCEQ’s Records Services
at 512-239-2900.
Directors’ Pay Statements
Every district director, regardless of whether the district must prepare an audited
statement, must file a verified statement about the work performed for the district to
receive either a per diem or fees of office. This statement must show the number of
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days that the director spent in the service of the district and give a general description
of the duties performed for each day.
These statements are kept in each district’s official records. If your district has
an office, its official records might be kept at that office. Sometimes, these files are
maintained by the district’s attorneys, general manager, operator, or other consultants.
The TCEQ suggests that districts keep these types of records for five years.
Using the Public Information Act
The Texas Public Information Act gives you the right to inspect and copy any record
that is considered public or open. Under this act, also known as the Open Records Act,
your district must promptly allow you to view or duplicate any open record you ask to
see. You may not remove the original copies of public records from the district’s office,
but you may view and copy them in the district’s office.
Under the Open Records Act, the district may require you to put your request in
writing. The district may also charge you for making copies, sometimes including
reasonable amounts for labor involved in retrieving and copying the records.
If you have more questions about the Open Records Act, call the Office of the Attorney
General at 877-673-6839 (OPENTEX). The Office of the Attorney General also publishes
a guide called the Public Information Handbook. You can obtain a copy of this free
publication in either of these two ways:
• Contact the Office of the Attorney General at 512-463-2100.
• Go to the Office of the Attorney General’s website
<texasattorneygeneral.gov> (on the “Open Government” tab, click on “Open
Government Publications”).
Assistance with Concerns
Making Sure Your Concerns Are Addressed
Unless your district’s directors are aware of your specific concerns, they cannot
respond in an informed, proactive manner. To enable them to respond effectively,
you must give them a factual account of your particular situation. Though there’s no
guarantee, you can improve your chances of having your concerns addressed by taking
these steps:
• Briefly outline your situation, concerns, or questions.
• Write a letter based on that outline.
• Indicate in your letter the person that you contacted to resolve the
situation—and when.
• Clearly state what outcome or resolution you are seeking from the board.
• Send the letter to the district’s board of directors, by certified mail.
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• Keep a copy of the letter for your records.
• Ask to be placed on the agenda of the next board meeting to have the
directors address your concerns. (Remember that directors can make a
decision only during a properly posted, open board meeting.)
• Attend the board meeting to present your situation.
If a director is unresponsive to your concerns, try approaching another one. And keep
in mind that your district’s voters elect the directors to serve the community. If you’re
not voting in each election, you’re giving up your strongest avenue of relief.
If your concerns aren’t resolved to your satisfaction by the district’s board of directors,
or you suspect possible mismanagement of the district, please contact your local
county or district attorney’s office for assistance.
Getting More Information
If you would like more information on Texas water districts, please contact us.
Send your letter to:
Districts Section, MC 152
Water Supply Division
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, TX 78711-3087
Call: 512-239-4691
Send an email to: PLANDIST@tceq.texas.gov
Visit our website: www.tceq.texas.gov
Our website contains information about our commissioners and their meeting agendas,
agency publications, and proposed and adopted rules. You will also find links to the
agency’s many divisions and programs. You can also go directly to our “Water
Districts” page: <www.tceq.texas.gov/waterdistricts>.
Getting TCEQ Publications
If you have a Texas street address, you can order TCEQ publications online. Visit our
website at <www.tceq.texas.gov/publications/order.html> for instructions. Orders are
filled as we receive them. Individual copies are free; however, there may be a charge for
multiple copies of the same publication.
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-883,Version:1
AGENDA CAPTION
Consultation with Attorneys- Under Texas Government Code Section 551.071.
Consultation,discussion,deliberation,and receipt of information from the City’s attorneys involving legal
issues relating to a disaster declaration and related order,and to provide the City’s attorneys with direction,
where a public discussion of these legal matters would clearly conflict with the duty of the City’s attorneys to
the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas.
City of Denton Printed on 4/24/2020Page 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 20-879,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,approving and
authorizing the City Manager to sign a Lease Amendment Letter Agreement to a Medical Office Building Lease by
and between Epic Development,Inc.,and the City of Denton for the use and occupancy of premises at 3537 South I-
35E Denton,Texas 76210 for the City of Denton Employee Health Center for a two month rent abatement and two
month lease extension; authorizing the expenditure of funds therefor; and providing an effective date.
City of Denton Printed on 4/24/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: April 30, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, approving
and authorizing the City Manager to sign a Lease Amendment Letter Agreement to a Medical Office Building
Lease by and between Epic Development, Inc., and the City of Denton for the use and occupancy of premises
at 3537 South I-35E Denton, Texas 76210 for the City of Denton Employee Health Center for a two month rent
abatement and two month lease extension; authorizing the expenditure of funds therefor; and providing an
effective date.
BACKGROUND
The City of Denton opened the Clinic in December of 2011. Since that time, the Clinic has occupied 2,832
leasable square feet of medical office space in the Medical City Denton (formerly Denton Regional Medical
Center) professional building. In October 2019, Council adopted an ordinance to extend the City’s Employee
Health Center lease for three years through October 2022. The annual lease cost is $65,136. This lease rate is
“full service” and includes utilities (excluding phone & internet), janitorial, repairs and maintenance, road and
grounds, management fees, property taxes, and building insurance.
The Clinic has benefitted from the current location since it opened. By being in an existing medical area and
attached to a hospital, the Clinic has a professional appearance that helps convey the image of a high quality
medical facility. It is also in an area that many employees, retirees, and dependents are used to traveling to in
order to access medical care. The current location is also in fairly close proximity to the majority of our most
heavily populated City facilities.
Due to the COVID-19 pandemic, Medical City Denton is offering tenants in good standing a two (2) month
rent abatement in exchange for a two (2) month lease extension. The City would not be charged monthly rent
in the amount of $5,546 during May and June 2020 in exchange for extending the City’s lease agreement for
an additional two (2) months. The City’s current lease agreement expires October 31, 2022. If the City pursues
the rent abatement, the lease agreement would be extended to December 31, 2022.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On October 22, 2019, City Council adopted Ordinance 19-2386 authorizing the City Manager to sign a
Medical Office Building Lease between Epic Development, Inc. and the City of Denton with a one-year
cost of $66,552, and a three year not-to-exceed amount of $203,676.
RECOMMENDATION
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
99
Amend existing lease for the City’s Employee Health Center for a two-month payment abatement.
ESTIMATED SCHEDULE OF PROJECT
The existing lease agreement expires October 31, 2022. If Council approves an abatement, the lease
agreement will be amended to expire December 31, 2022.
FISCAL INFORMATION
Funding for this expenditure are budgeted in the Health Insurance Fund, 850500.7922.
EXHIBITS
Exhibit 1: Agenda Information Sheet (.pdf)
Exhibit 2: Letter from Medical City Healthcare
Exhibit 3: Ordinance and Lease Amendment Letter
Respectfully submitted:
Cassey Ogden, 940-349-7195
Director of Procurement & Compliance
Legal point of contact: Mack Reinwand at 940-349-8333.
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101
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A
LEASE AMENDMENT LETTER AGREEMENT TO A MEDICAL OFFICE BUILDING LEASE
BY AND BETWEEN EPIC DEVELOPMENT, INC., AND THE CITY OF DENTON FOR THE
USE AND OCCUPANCY OF PREMISES AT 3537 SOUTH I-35E DENTON, TEXAS 76210 FOR
THE CITY OF DENTON EMPLOYEE HEALTH CENTER FOR A TWO MONTH RENT
ABATEMENT AND TWO MONTH LEASE EXTENSION; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") has previously entered into a three (3) year lease
agreements with Epic Development, Inc. ("Epic"), to lease space at 3537 South I- 35E, Denton,
Texas 76210 (the "Medical Center") for the use and occupancy of space to house the City's
Employee Health Center; and
WHEREAS, Epic has offered the City a two (2) month rent abatement in exchange for a two
(2) month extension to the Medical Office Building Lease (the "Lease"); and
WHEREAS, the City Council deems it is in the public interest to enter into the Lease
Amendment Letter Agreement (the "Amendment") to secure space at the Medical Center for the
Employee Health Center for a two-month lease extension; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference.
SECTION 2. The Amendment is hereby approved. The City Manager, or his designee, is
hereby authorized to execute the Amendment, both attached hereto and incorporated herein by
reference, and to carry out the duties and responsibilities of the City under the Amendment.
SECTION 3. The City Manager, or his designee, is authorized to expend such funds and
perform such obligations as required in the Amendment.
SECTION 4. The City Manager, or his designee, is further authorized to amend the Lease to
extend the term of the Lease up to six (6) months beyond the term of the Amendment in exchange
for rent abatement or deferment and authorized to execute such further amendment(s) to the Lease
and expend such funds and perform such obligations as required to accomplish such further
amendment(s).
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
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103
LEASE AMENDMENT LETTER AGREEMENT (“Amendment”)
April 17, 2020
City of Denton Texas
215 E. McKinney Street, Suite A
Denton, TX 76205
Re: Medical Office Building Lease or Medical Office License Agreement (as
applicable) dated November 8, 2016 between EPIC Development, Inc., as
Landlord, and City of Denton Texas, as Tenant, for Premises known as Suite 317
in the building located at 3537 South I-35E, Denton, Texas 76210 (including any
amendments, the “Lease”)
Dear City of Denton Texas:
Thank you for being such a valued tenant. You have informed us that you wish to receive
a Rent Deferment Period (defined below) from the Landlord during which certain portions of rent
payable under your Lease would not be payable by you under the Lease.
By signing this Amendment below, each of the Landlord and Tenant make the
agreements, amendments and representations set forth in this Amendment. The Landlord and
Tenant agree that the Lease is hereby deemed amended to provide for and include all of the
following:
1. Rent Deferment Period. Effective as of the date this Amendment has been fully
executed by the Landlord and the Tenant, Tenant’s obligations under the Lease to pay
Rent (as defined below) shall be abated for a two-month period of either (a) April 2020
and May 2020 or (b) May 2020 and June 2020 (such 2-month period being called the
“Rent Deferment Period”). “Rent” as used in this Amendment shall mean the following
if and to the extent the following are defined in and payable under the Lease: Base Rent,
Tenant’s Proportionate Share of Operating Costs, Tenant’s Proportionate Share of
Excess Operating Costs, Tenant’s Proportionate Share of Excess TIU Costs, Tenant’s
Proportionate Share of Excess Real Estate Taxes, License Fee, Storage Space Fee and
FF&E Rent; provided, however, that Rent as used in this Amendment shall not include
the following obligations and the following obligations are not forgiven, deferred,
abated, or waived hereby: (a) any taxes that Tenant is required by the Lease to pay
directly to the taxing authority; (b) any premium for any insurance policy that Tenant is
required to obtain under the Lease; (c) any utilities that Tenant is required by the Lease
to: (1) pay directly to the utility carrier or provider, or (2) reimburse to Landlord in full
(rather than as a proportionate share), and (d) any other sum payable by Tenant under
the Lease that is not expressly included above in the definition of Rent. Tenant shall
indicate its election of the months constituting the Rent Deferment Period as either (a)
or (b) by checking the applicable box near its signature to this Amendment. If no box is
104
checked, the parties agree that the Rent Deferment Period shall be (b) May 2020 and
June 2020.
2. Extended Term; Extended Term Base Rent. In consideration for the Rent Deferment
Period, the Term of the Lease is hereby extended for an additional period of two (2)
months (such additional two months being called the “Extended Months”). The
Extended Months will be on and subject to the same terms, covenants, and conditions
as if the Extended Months were originally part of the current Term of the Lease, and the
monthly Base Rent or License Fee, as the case may be, payable during the Extended
Months shall equal the Base Rent or License Fee payable for the month immediately
preceding the commencement of the Extended Months.
3. Effect of Amendments. You agree to timely perform and continue to perform all terms
and obligations under your Lease as amended hereby, including without limitation the
obligation to make all payments under your Lease other than Rent during the Rent
Deferment Period. Except as amended by this Amendment, the Lease is not otherwise
amended, and the Lease is hereby ratified and confirmed and remains in full force and
effect, as amended hereby. Any oral statements regarding the subject matter of this
Amendment are merged herein. Neither the Lease nor this Amendment may be modified
or amended except in writing signed by Landlord and Tenant.
4. Counterparts and Electronic Signatures. This Amendment and any other or future
amendments may be executed in any number of counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument. Signatures transmitted by facsimile or by email in portable document format
and signatures electronically signed in accordance with the Uniform Electronic
Transaction Act, as adopted in the state in which the Premises are located, and with the
United States ESIGN Act, shall have the same effect as the delivery of original
signatures and shall be binding upon and enforceable against the parties hereto as if such
facsimile were an original executed counterpart.
5. Waiver. Neither the rent abatement described in this Amendment, nor any waiver by
Landlord of any breach or default of any term, agreement, covenant, or condition of the
Lease, as amended hereby, shall be deemed to be a waiver of any other term, agreement,
covenant, or condition hereof or of any subsequent breach by Tenant of the same or any
other term, agreement, covenant, or condition. Landlord’s consent to or approval of any
act by Tenant requiring Landlord’s consent or approval shall not be deemed to render
unnecessary the obtaining of Landlord’s consent to or approval of any subsequent act of
Tenant, whether or not similar to the act so consented to or approved. No act or thing
done by Landlord or Landlord’s agents during the Term of the Lease shall be deemed
an acceptance of a surrender of the Premises, and no agreement to accept such a
surrender shall be valid unless in writing and signed by Landlord. The subsequent
acceptance of Rent shall not be deemed a waiver of any preceding breach by Tenant of
any agreement, covenant or obligation of Tenant or any other term or condition of the
Lease. No delay in billing or any failure to bill Tenant for any Rent, nor any inaccurate
billing of Rent shall constitute a waiver by Landlord of its right to collect and to enforce
105
Tenant’s obligation to pay the full amount of Rent due and payable under the Lease, as
amended by this Amendment, and as the same may be adjusted or increased from time-
to-time.
6. Regulatory Matters. Landlord and Tenant enter into this Amendment with the intent
of conducting their relationship and implementing the agreements contained in the
Lease (as amended hereby) in full compliance with applicable federal, state and local
law, including without limitation, the Medicare/Medicaid Anti-Kickback statute (the
“Anti-Kickback Law”) and Section 1877 of the Social Security Act (the “Stark Law”),
as amended and/or waived, including without limitation by the Centers for Medicare &
Medicaid Services’ COVID-19 Stark blanket waivers. Notwithstanding any
unanticipated effect of any of the provisions of the Lease, as amended, neither party will
intentionally conduct itself under the terms of the Lease or this Amendment in a manner
that would constitute a violation of the Anti-Kickback Law or the Stark Law. Without
limiting the generality of the foregoing, Landlord and Tenant expressly agree that
nothing contained in the Lease or this Amendment shall require either party to refer any
patients to the other, or to any affiliate or subsidiary of the other. If any legislation,
regulation or government policy is passed or adopted, the effect of which would cause
either party to be in violation of such laws due to the existence of any provision of the
Lease or this Amendment, then Landlord and Tenant agree to negotiate in good faith for
a period of ninety (90) days to modify the terms of the Lease, as amended hereby, to
comply with applicable law. Should the parties hereto fail to agree upon modified terms
to this Lease within this time, then either Landlord or Tenant may immediately terminate
the Lease by giving written notice to the other party.
Sincerely,
Diane McAlister, Property Manager
On behalf of EPIC Development, Inc.
AGREED TO BY:
Landlord:
EPIC Development, Inc.
By: _______________________
Name: Nicholas L. Paul
Title: Vice President
Date: _______________________
106
Tenant:
City of Denton Texas
By: _______________________
Name: Todd Hileman
Title: City Manager
Date: ______________________
Tenant elects its Rent Deferment Period by marking the applicable box below:
☐ April 2020 and May 2020
☒ May 2020 and June 2020
The undersigned Guarantor(s) join in the execution of this Amendment to consent to such
amendment and hereby agree that its (their) Guaranty of the Lease shall also apply fully to all
obligations of Tenant under the Lease as amended by this Amendment and any future
amendments or modifications without need for further consent by Guarantor.
Guarantor:
No Guaranty Under Current Lease
107
108
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-880,Version:1
AGENDA CAPTION
Consider approval of the minutes of April 7, 2020 (Emergency and Regular).
City of Denton Printed on 4/24/2020Page 1 of 1
powered by Legistar™109
CITY OF DENTON CITY COUNCIL MINUTES April 7, 2020
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in an Emergency Special Meeting on Tuesday, April 7, 2020, at 4:01 p.m. in the Council
Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer
ABSENT: None
Also present were City Manager Todd Hileman and City Attorney Aaron Leal
Note: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth, and Council Members Keely
Briggs, Jesse Davis, John Ryan, Deb Armintor and Paul Meltzer participated in closed
meeting, work session, and special called meeting via teleconference under the provisions
allowed by the Texas Government Code Section 551.127.
The posted agenda noted the registration process for public participation at this virtual meeting. While citizen commentary received via the online registration process is not read, each member of the City Council received each registration as it was submitted.
1. ITEM FOR INDIVIDUAL CONSIDERATION
A. ID 20-833 Consider a resolution of the Council of the City of Denton expressing appreciation
to Governor Greg Abbott and the Texas Supreme Court for actions taken to protect and
support the citizens of the State of Texas during the COVID-19 public health emergency;
respectfully requesting additional measures to benefit citizens of the State of Texas;
requesting the Governor call a special session of the Texas Legislature to consider
suspending eviction proceedings and other remedies in certain conditions; urging landlords
and lenders to identify solutions; and providing for an effective date.
ASSIGNED ORDINANCE NO. 20-833 The item was presented and discussion followed.
Citizen comments received are noted in Exhibit A. All members of the City Council received
the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item. Mayor Watts announced the summary of public commentary/registrations. See Exhibit A
for details.
• 3 online comments: 2 in Support and 1 in Opposition
• 2 call-ins: 1 in Support, 0 in Opposition, and 1 Not Stated
110
City of Denton City Council Minutes April 7, 2020 Page 2 With no other callers in the queue, the public comment period was closed. Discussion continued. Council Member Davis moved to adopt the item as presented. Motion seconded by Council
Member Meltzer. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth, and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None
With no other business, the meeting adjourned at 4:36 p.m.
____________________________________ ____________________________________
CHRIS WATTS ROSA RIOS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
MINUTES APPROVED ON: ____________________________________
111
Name Last Address Address Line 2 City Agenda Item Position Method CommentsAnonymous Anonymous Anonymous Denton ID 20-833 Not stated TelephoneLandlords not getting any relief on rental payments due to them.Brenda Duran 3939 Teasley Ln. Lot 248 Denton ID 20-833 Against Online As a landlord in Denton I believe Denton has adequate resources in place to assist our renters; however many of my residents are not engaging without the ability to file evictions it is hindering my ability to conduct business. I urge the city to use indefinite language in terms of when evictions can be. Rick Hamilton902 Church St. Sanger ID 20-833 For TelephoneUnconstitutional for any government to tell businesses when they can and cannot be opened; businesses doing what is needed were praised; those doing what is needed should receive a tax break; no closings of grocery stores, gas stations, and pharmacies although hours can be rotated by days for eachAmy Morgan 1928 Parkside Dr. No. 6 Denton ID 20-833 For OnlineComment not providedMatt Solomon 1404 Paco Trail Denton ID 20-833 For OnlinePlease bring up widespread testing across the state, and particularly in Denton, which is a hotspot for the virus. Discuss what can be done beyond social distancing at the state and local levels.NOTE: Comments for those citizens addressing the City Council are an abbreviated summary.April 7, 2020 City Council Emergency Meeting - EXHIBIT ASpeaker Commentaries/RegistrationsOnline, Email, Phone112
CITY OF DENTON CITY COUNCIL MINUTES April 7, 2020
After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Closed Meeting on Tuesday, April 7, 2020, at 5:04 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely
Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer ABSENT: None
Also present were City Manager Todd Hileman and City Attorney Aaron Leal Note: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth, and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor and Paul Meltzer will be participating in the closed meeting, work session, and regular meeting via teleconference under the provisions
allowed by the Texas Government Code Section 551.127.
The posted agenda noted the registration process for public participation at this virtual meeting. While citizen commentary received via the online registration process is not read, each member of the City Council received each registration as it was submitted.
CLOSED MEETING
1. Closed Meeting:
The City Council convened into a Closed Meeting at 5:04 p.m. consistent with Chapter 551 of the
Texas Government Code, as amended, or as otherwise allowed by law, as follows. Item 1.A (ID 20-767) was not deliberated.
A. ID 20-767 Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087; Deliberations regarding Real Property - Under Texas Government
Code Section 551.072. Consultation with the City’s attorneys regarding legal issues
associated with (i) the project agreements, master planned community ordinances, and other related agreements, documents, and ordinances for both Hunter Ranch and Cole Ranch projects, (ii) operating agreements, consent resolutions, and other agreements, documents, and ordinances related to the municipal management districts associated with both Hunter
Ranch and Cole Ranch projects and the operation of the same, (iv) economic development
incentives potentially offered related to both Hunter Ranch and Cole Ranch projects, and (v) the Pilot Knob conservation easement for Hunter Ranch project 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; consultation with staff regarding these matters and financial or other
incentives for both Hunter Ranch and Cole Ranch projects, a business prospect which the
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City of Denton City Council Minutes April 7, 2020 Page 2
City Council seeks to have locate, stay, or expand in or near the territory of the City, and
with which the City Council is conducting economic development negotiations; consultation with staff regarding potential real property interests to be conveyed to the City which are located within both Hunter Ranch and Cole Ranch where the deliberations of same in an open meeting would have a detrimental effect on the position of the City in negotiations with
a third person.
NOT DELIBERATED
B. ID 20-810 Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the appointment, employment, and duties of the City
Auditor and Municipal Judge.
DELIBERATED
The Closed Meeting started at 5:13 p.m. and ended at 5:45 p.m. No votes or actions were
taken during the Closed Meeting. WORK SESSION
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, April 7, 2020, at 6:04 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely
Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer
ABSENT: None Also present were City Manager Todd Hileman and City Attorney Aaron Leal
Note: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth, and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor and Paul Meltzer will be participating in the closed meeting, work session, and regular meeting via teleconference under the provisions allowed by the Texas Government Code Section 551.127.
The posted agenda noted the registration process for public participation at this virtual meeting. While citizen commentary received via the online registration process is not read, each member of the City Council received each registration as it was submitted.
1. Citizen Comments on Consent Agenda Items
None.
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City of Denton City Council Minutes April 7, 2020 Page 3
2. Requests for clarification of agenda items listed on this agenda.
• Consent 2.H (ID 20-715) - Pulled for Individual Consideration. (Briggs)
• Consent 2.E (ID 20-695) - As requested, staff clarified as to COVID-19 EMS transports and cost of care and use of a separate contract. (Briggs)
• Consent 2.F (ID 20-696) - As requested, staff clarified the only fines to be collected
would be those existing prior to the current crisis. (Briggs)
• Consent Item 2.M (ID 20-747) - As requested, staff clarified the type of accounts that would be sent to collections. (Briggs, Armintor)
• Consent 2.N (ID 20-752) - As requested, staff clarified the item was a pay as you use and
no expense unless service was used. (Armintor)
• Consent 2.A (ID 20-237) - Expressed excitement on the item. (Hudspeth)
• Consent 2.B (ID 20-269) - As requested, staff clarified the requirements of the program.
(Hudspeth)
• Consent 2.E (ID 20-596) - As requested, staff clarified what accounts would be handled under the contract. (Hudspeth)
3. Work Session Reports
A. ID 20-820 Receive a report, hold a discussion, and give staff direction regarding a resolution
to petition the Governor for a Special Election date for the purpose of electing Council
Members to Places 5 and 6, a Mayor to Place 7, and to fill vacancies in Districts 1 and 2 for the unexpired term ending May 2021, to move the election from the uniform date of November 3, 2020 to an earlier date.
The item was presented and discussion followed.
Following discussion, staff was directed to draft the proposed resolution to include the dates
of September 19th and 26th and present for consideration at an upcoming meeting. The Work Session ended at 6:37 p.m. REGULAR MEETING After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Regular Meeting on Tuesday, April 7, 2020, at 6:45 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer ABSENT: None
Also present were City Manager Todd Hileman and City Attorney Aaron Leal
115
City of Denton City Council Minutes April 7, 2020 Page 4 Note: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth, and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor and Paul Meltzer will be participating in the closed meeting, work session, and regular meeting via teleconference under the provisions
allowed by the Texas Government Code Section 551.127.
The posted agenda noted the registration process for public participation at this virtual meeting. While citizen commentary received via the online registration process is not read, each member of the City Council received each registration as it was submitted.
1. PRESENTATIONS/COMMENTS FROM MEMBERS OF THE PUBLIC
None.
B. Receive Scheduled Citizen Reports from Members of the Public.
None.
Staff was asked to provide clear instructions on the speaker registration process both online and on the posted agenda.
C. Additional Citizen Reports (Open Microphone)
None.
2. CONSENT AGENDA
The consent agenda consisted of Items 2.A-V. Item 2.H (ID 20-715) was pulled for Individual
Consideration by Council Member Briggs. Council Member Ryan moved to adopt the Consent Agenda, now consisting of Items 2.A-G and 2.I-V. Motion seconded by Council Member Davis. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis Ryan, Armintor, and Meltzer ABSENT (0): None
A. ID 20-237 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with CivicPlus,
LLC, for continued support of the CivicRec Software used for the Parks and Recreation
Department, which is the sole provider of this software, in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services that are available from one source are exempt from competitive bidding, and if over $50,000
A. Review of procedures for addressing the City Council.
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City of Denton City Council Minutes April 7, 2020 Page 5
shall be awarded by the governing body; and providing an effective date (File 7255
- awarded to CivicPlus, LLC, in the five (5) year not-to-exceed amount of $250,000).
ASSIGNED ORDINANCE NO. 20-237
B. ID 20-269 Consider adoption of the master ordinance of the City of Denton, Texas
establishing the extendable commercial paper financing program and authorizing extendable
commercial paper notes, series A and providing an effective date
ASSIGNED ORDINANCE NO. 20-269
C. ID 20-803 Consider adoption of an ordinance considering all matters incident and related to
the issuance, sale and delivery of up to $100,000,000 in principal amount of "City of Denton
General Obligation Refunding Bonds"; authorizing the issuance of the Bonds; delegating the authority to certain City officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and procedures relating to said Bonds; enacting other provisions relating to the subject; and providing an effective date
ASSIGNED ORDINANCE NO. 20-803
D. ID 20-476 Consider adoption of an ordinance of the City of Denton amending Chapter 26 of the Code of Ordinances to add Sections 26-14 through 26-22 establishing an Identity Theft Prevention Program; and providing a severability clause and an effective date.
ASSIGNED ORDINANCE NO. 20-476
E. ID 20-695 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Credit Systems International Inc., for Collection Services for unpaid Utilities, Miscellaneous
Account Receivables, Fire/EMS and Code Enforcement owed by customers of Denton
Municipal Utilities, Fire Department and City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 7243 - awarded to the lowest responsive bidder for each line item: Credit Systems International Inc. in a five (5) year, not-to-exceed amount of the applicable percentage of fees collected as provided in the contract).
ASSIGNED ORDINANCE NO. 20-695
F. ID 20-696 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Linebarger, Goggan, Blair, and Sampson, LLP., for collection services Municipal Court fines owed by
customers of the City Of Denton; providing for the expenditure of funds therefor; and
providing an effective date (RFP 7243 - awarded to the lowest responsive bidder for each line item: Linebarger, Goggan, Blair, and Sampson, LLP, for a five (5) year term, in not-to-exceed amount 30% of fees collected).
ASSIGNED ORDINANCE NO. 20-696
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City of Denton City Council Minutes April 7, 2020 Page 6
G. ID 20-712 Consider adoption of an ordinance of the City of Denton authorizing the City
Manager, or his designee, to execute and receive a funding agreement between the City of Denton and the North Central Texas Council of Governments, for the 511DFW/WAZE Data Sharing Program; and providing an effective date.
ASSIGNED ORDINANCE NO. 20-712
I. ID 20-716 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute an Advance Funding Agreement in the amount of $3,000,000.00 by and between the State of Texas, acting through the Texas Department of Transportation (TxDOT) and the City of Denton, regarding the
second payment for water and wastewater improvements associated with the US 377 (Ft
Worth Drive) roadway widening project, located between IH35E to South of FM1830 within the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date.
ASSIGNED ORDINANCE NO. 20-716
J. ID 20-725 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Customs Landscapes, Inc., dba Classic Landscapes and Maintenance, as the primary contractor, Joiner Septics LLC, as the secondary contractor, and 19 Rozez LLC, as the tertiary contractor for
Landscape and Sod Replacement Services for various City departments; providing for the
expenditure of funds therefor; and providing an effective date (RFP 7190 - awarded to Customs Landscapes, Inc., dba Classic Landscapes and Maintenance - primary, Joiner Septics LLC - secondary, and 19 Rozez LLC - tertiary, in the three (3) year, not-to-exceed amount of $865,050).
ASSIGNED ORDINANCE NO. 20-725
K. ID 20-726 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, for approval of a pre-qualified artist list for Economic Development, for various public art projects within the City of Denton, regarding different styles and types
of art work. Providing an effective date (RFQ 7265 - for a two (2) year term).
ASSIGNED ORDINANCE NO. 20-726
L. ID 20-746 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 Professional
Service Agreement between the City of Denton and Freese & Nichols, Inc., amending the
contract approved by City Council on July 16, 2019, in the not-to-exceed amount of $106,750; said first amendment to provide preparations of an Emergency Response Plan in compliance with the America’s Water Infrastructure Act (AWIA) of 2018; providing for the expenditure of funds therefore: and an effective date (File 6590-061 - providing for an
additional first amendment expenditure amount not-to-exceed $76,000, with the total
contract amount not-to-exceed $182,750).
ASSIGNED ORDINANCE NO. 20-746
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City of Denton City Council Minutes April 7, 2020 Page 7
M. ID 20-747 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with The Wilson Group Inc., for the replacement of the windows at City Hall West located at 221 North Elm Street; providing for the expenditure of funds therefor; and providing an effective date (RFP 7175 - awarded to The Wilson Group, Inc., in the not-to-exceed amount of $335,565).
ASSIGNED ORDINANCE NO. 20-747
N. ID 20-752 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Cowtown Bus Charters Inc., for charter bus transportation of recreation program trips offered through
Parks and Recreation; providing for the expenditure of funds therefor; and providing an
effective date (RFP 7197 - awarded to Cowtown Bus Charters Inc., for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $150,000).
ASSIGNED ORDINANCE NO. 20-752
O. ID 20-754 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Stuart C. Irby Company, for the supply of Electric Utility Distribution Capacitor Bank Assemblies for the City of Denton Distribution Center; providing for the expenditure of funds therefor; and
providing an effective date (RFP 7097 - awarded to Stuart C. Irby Company, in the five (5)
year not-to-exceed amount of $830,000).
ASSIGNED ORDINANCE NO. 20-754
P. ID 20-755 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of a second amendment to a Professional
Services Agreement between the City of Denton and Pape-Dawson Engineers, LLC, amending the contract approved by City Council on July 17, 2018, in the not-to-exceed amount of $607,550, amended by Amendment 1 approved by Purchasing Staff in the not-to-exceed amount of $638,050; said second amendment to provide for professional services
related to the 2019 Street Reconstruction Project to reconstruct the roadways, replace
damaged curb and gutter, analysis of two drainage areas, and inventory the sidewalks along roadways and to provide construction services such as review of submittal, Requests for Information, Change Order, etc.; providing for the expenditure of funds therefor; and providing an effective date (File 6590-006 - providing for an additional amendment
expenditure amount not-to-exceed $36,000, with the total contract amount not-to-exceed
$674,050).
ASSIGNED ORDINANCE NO. 20-755
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City of Denton City Council Minutes April 7, 2020 Page 8
Q. ID 20-756 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute an Interlocal Agreement with Denton County, under the Government Code, Chapter 791.001, to authorize consolidated communication systems for Public Safety; authorizing the expenditure of funds therefor; and declaring an effective date (File 7278 - award an Interlocal Agreement with
Denton County).
ASSIGNED ORDINANCE NO. 20-756
R. ID 20-758 Consider adoption of an ordinance of the City Of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to utilize a contract
through the City of Fort Worth, for repair services of Komatsu heavy equipment for the City
of Denton Fleet Services Department, as awarded by the City of Fort Worth RFP #17-0362; providing the expenditure of funds therefor; and providing an effective date (File 7298 - awarded to Kirby-Smith Machinery, Inc., in the not-to-exceed amount of $450,000).
ASSIGNED ORDINANCE NO. 20-758
S. ID 20-759 Consider adoption of an ordinance of the City of Denton, a Texas Home-Rule Municipal Corporation, authorizing the City Manager, or his designee, to execute a contract with Cues, Inc., through the Buy Board Cooperative Purchasing Network Contract # 593-19, to purchase a spider manhole inspection camera along with additional parts and labor cost
associated with the system for the Operations Planning Department of the Utilities
Department; providing for the expenditure of funds therefor; and providing an effective date (File 7329 - awarded to Cues, Inc., for one (1) year, with the option for two (2) additional one (1) year extensions, in the total three (3) year not-to-exceed amount of $150,000).
ASSIGNED ORDINANCE NO. 20-759
T. ID 20-777 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with BRCT, LLC, dba Black Rock Construction, for the construction of the Rayzor South Bore project for the City of Denton; providing for the expenditure of funds therefor; and providing an effective
date (RFP 7272 - awarded to BRCT, LLC, dba Black Rock Construction, in the not-to-exceed
amount of $162,435).
ASSIGNED ORDINANCE NO. 20-777
U. ID 20-778 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Armely,
LLC, for the purchase of consulting services, data warehousing, data visualization, training, maintenance and support; providing for the expenditure of funds therefor; and providing an effective date (RFP 7186 - awarded to Armely, LLC, for one (1) year, with the option for two (2) additional one (1) year extensions, in the total three (3) year not-to-exceed amount
of $980,700).
ASSIGNED ORDINANCE NO. 20-778
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V. ID 20-779 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Resolved Energy Consulting, LLC, for the supply of Energy Management Office (EMO) Regulatory Advisement Services for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7238 - awarded to Resolved Energy
Consulting, LLC, in the three (3) year not-to-exceed amount of $415,680).
ASSIGNED ORDINANCE NO. 20-779
ITEM PULLED FOR INDIVIDUAL CONSIDERATION
H. ID 20-715 Consider adoption of an ordinance of the City of Denton, authorizing the city
manager to execute a funding agreement between the city and Fairoaks of Denton Incorporated to provide Home Investment Partnership Program funds for public improvements of Fairoaks senior complex costs for the purchase and installation 25 HVAC units of a community village in Denton, Texas; authorizing the expenditure of funds not to
exceed $105,338.00; and providing an effective date.
ASSIGNED ORDINANCE NO. 20-715 Pulled for individual consideration by Council Member Briggs.
Council Member Briggs had a conflict of interest on the item and was removed from the video conference for this item, thereby not participating on consideration of the item. The item was not presented or discussed.
Mayor Pro Tem Hudspeth moved to approve the item as presented. Motion seconded by Council Member Ryan. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Ryan,
Armintor, and Meltzer
NAYS (0): None ABSTAIN (1): Council Member Briggs Mayor Watts announced Individual Consideration Items would be considered before the Public
Hearings as the agreements needed to be in place before the public hearing.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 20-761 Consider adoption of an ordinance of the City of Denton authorizing the execution of an operating agreement with "Cole Ranch Improvement District No. 1 of Denton County, Texas", relative to funding, ownership, maintenance, and repair of public improvements
serving property located within the "Cole Ranch Improvement District No. 1 of Denton
County, Texas" and other related matters; and providing an effective date
ASSIGNED ORDINANCE NO. 20-761
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City of Denton City Council Minutes April 7, 2020 Page 10 Council Member Armintor moved to postpone the item until the COVID-19 pandemic was over. Following discussion, the motion to postpone was withdrawn in order to allow public comments.
As the scheduled presentation related to Individual Consideration Items [4.A (ID 20-761), 4.B (ID 20-760), 4.C (ID 20-762), 4.D ID (20-763), 4.E ID (20-764), and 4.F (ID 20-765)], the items were read collectively into the record and voted on individually.
The presentation was made and discussion followed.
Citizen comments received are noted in Exhibit A. All members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item.
Mayor Watts announced the summary of public commentary/registrations. See Exhibit A for details.
• 5 online comments: 0 in Support and 5 in Opposition
• 3 call-ins: 0 in Support, 0 in Opposition and 3 Not Stated
Council Member Armintor moved to postpone the item until the end of the COVID-19 Orders were over. Motion seconded by Council Member Briggs. Motion failed.
AYES (2): Council Members Briggs and Armintor
NAYS (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Ryan, and Meltzer The meeting was recessed for a short break at 7:51 p.m. and reconvened at 8:03 p.m.
Discussion continued. Prior to voting on the item, City Council proceeded to consider Individual Consideration Item 4.C (ID 20-762).
Later in the meeting, the item returned for consideration. Mayor Pro Tem Hudspeth moved to approve the item as presented. Motion seconded by Council Member Ryan. Motion carried.
AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis and Ryan NAYS (3): Council Members Brigg, Armintor, and Meltzer
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City of Denton City Council Minutes April 7, 2020 Page 11
B. ID 20-760 Consider adoption of an ordinance of the City of Denton authorizing the execution
of a project agreement with SLF II Cole Property, L.P. relative to funding, ownership, maintenance, and repair of public improvements serving property located within the "Cole Ranch Improvement District No. 1 of Denton County, Texas" and other related matters; and providing an effective date (Contract #7331)
ASSIGNED ORDINANCE NO. 20-760 As the scheduled presentation related to Individual Consideration Items [4.A (ID 20-761),
4.B (ID 20-760), 4.C (ID 20-762), 4.D ID (20-763), 4.E ID (20-764), and 4.F (ID 20-765)],
the items were read collectively into the record and voted on individually. The presentation was made and discussion followed.
Citizen comments received are noted in Exhibit A. All members of the City Council received
the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item. Mayor Watts announced the summary of public commentary/registrations. See Exhibit A
for details.
• 6 online comments: 0 in Support and 6 in Opposition
• 0 call-ins: 0 in Support and 0 in Opposition
Council Member Ryan moved to approve the item as presented. Motion seconded by
Council Member Davis. Motion carried. AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis and Ryan NAYS (3): Council Members Brigg, Armintor, and Meltzer
C. ID 20-762 Consider approval of a resolution of the City of Denton, Texas, consenting to the
creation of "Cole Ranch Improvement District No. 1 of Denton County, Texas" and the
inclusion of land therein; and providing an effective date.
ASSIGNED RESOLUTION NO. 20-762
As the scheduled presentation related to Individual Consideration Items [4.A (ID 20-761), 4.B (ID 20-760), 4.C (ID 20-762), 4.D ID (20-763), 4.E ID (20-764), and 4.F (ID 20-765)], the items were read collectively into the record and voted on individually.
The presentation was made and discussion followed.
Citizen comments received are noted in Exhibit A. All members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item.
123
City of Denton City Council Minutes April 7, 2020 Page 12 Mayor Watts announced the summary of public commentary/registrations. See Exhibit A for details.
• 5 online comments: 0 in Support and 5 in Opposition
• 0 call-ins: 0 in Support and 0 in Opposition Council Member Meltzer moved to deny the item. Motion seconded by Council Member Armintor. Motion failed.
AYES (3): Council Members Briggs, Armintor, and Meltzer NAYS (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis and Ryan Discussion continued.
Mayor Watts moved to approve the item as presented. Motion seconded by Council Member Ryan. Motion carried. AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis and Ryan
NAYS (3): Council Members Briggs, Armintor, and Meltzer
D. ID 20-763 Consider adoption of an ordinance of the City of Denton authorizing the execution
of an operating agreement with "Hunter Ranch Improvement District No. 1 of Denton County, Texas", relative to funding, ownership, maintenance, and repair of public improvements serving property located within the "Hunter Ranch Improvement District No. 1 of Denton County, Texas" and other related matters; and providing an effective date
ASSIGNED ORDINANCE NO. 20-763 As the scheduled presentation related to Individual Consideration Items [4.A (ID 20-761),
4.B (ID 20-760), 4.C (ID 20-762), 4.D ID (20-763), 4.E ID (20-764), and 4.F (ID 20-765)],
the items were read collectively into the record and voted on individually. The presentation was made and discussion followed.
Citizen comments received are noted in Exhibit A. All members of the City Council received
the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item. Mayor Watts announced the summary of public commentary/registrations. See Exhibit A
for details.
• 5 online comments: 0 in Support and 5 in Opposition
• 0 call-ins: 0 in Support and 0 in Opposition
124
City of Denton City Council Minutes April 7, 2020 Page 13 Mayor Pro Tem Hudspeth moved to approve the item as presented. Motion seconded by Council Member Ryan. Motion carried.
AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis and Ryan
NAYS (3): Council Members Briggs, Armintor, and Meltzer
E. ID 20-764 Consider adoption of an ordinance of the City of Denton authorizing the execution of a project agreement with Petrus Investment, L.P. relative to funding, ownership, maintenance, and repair of public improvements serving property located within the "Hunter Ranch Improvement District No. 1 of Denton County, Texas" and other related matters; and
providing an effective date (Contract #7330).
ASSIGNED ORDINANCE NO. 20-764
As the scheduled presentation related to Individual Consideration Items [4.A (ID 20-761),
4.B (ID 20-760), 4.C (ID 20-762), 4.D ID (20-763), 4.E ID (20-764), and 4.F (ID 20-765)], the items were read collectively into the record and voted on individually. The presentation was made and discussion followed.
Citizen comments received are noted in Exhibit A. All members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item.
Mayor Watts announced the summary of public commentary/registrations. See Exhibit A
for details.
• 2 online comments: 0 in Support and 2 in Opposition
• 0 call-ins: 0 in Support and 0 in Opposition
Council Member Davis moved to approve the item as presented. Motion seconded by Mayor Pro Tem Hudspeth. Motion carried. AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis and Ryan
NAYS (3): Council Members Briggs, Armintor, and Meltzer
F. ID 20-765 Consider approval of a resolution of the City of Denton, Texas, consenting to the
creation of "Hunter Ranch Improvement District No. 1 of Denton County, Texas" and the inclusion of land therein; and providing an effective date.
ASSIGNED RESOLUTION NO. 20-765
As the scheduled presentation related to Individual Consideration Items [4.A (ID 20-761), 4.B (ID 20-760), 4.C (ID 20-762), 4.D ID (20-763), 4.E ID (20-764), and 4.F (ID 20-765)], the items were read collectively into the record and voted on individually.
The presentation was made and discussion followed.
125
City of Denton City Council Minutes April 7, 2020 Page 14 Citizen comments received are noted in Exhibit A. All members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item.
Mayor Watts announced the summary of public commentary/registrations. See Exhibit A for details.
• 1 online comments: 0 in Support and 1 in Opposition
• 0 call-ins: 0 in Support and 0 in Opposition
Council Member Ryan moved to approve the item as presented. Motion seconded by Council Member Davis. Motion carried. AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis and Ryan
NAYS (3): Council Members Briggs, Armintor, and Meltzer
G. ID 20-781 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the acceptance of a conservation easement from Petrus Investment, L.P., a Texas Limited Partnership; and providing an effective date.
ASSIGNED ORDINANCE NO. 20-781
The item was presented and discussion followed. Citizen comments received are noted in Exhibit A. All members of the City Council received
the comments as submitted and had the opportunity to review all submissions prior to the
start of the meeting and consider such comments when voting on the item. Mayor Pro Tem Hudspeth moved to approve the item as presented. Motion seconded by Council Member Davis. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None
The meeting was recessed for a short break at 9:01 p.m. and reconvened at 9:13 p.m. The meeting
continued with the Public Hearings.
3. PUBLIC HEARINGS
A. S19-0015c Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow a 150-foot monopole tower on
approximately 4.37 acres of land located at 3401 Barcelona Street in the City of Denton,
Denton County, Texas; adopting an amendment to the city’s official zoning map; providing
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City of Denton City Council Minutes April 7, 2020 Page 15
for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a
severability clause and an effective date. THIS PUBLIC HEARING HAS BEEN POSTPONED PENDING A PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISSION. (S19-0015, Speed of Light Broadband, Cindy Jackson)
As noted above, the public hearing was not held as it had been postponed pending a public hearing before the Planning and Zoning Commission.
B. PD19-0005b Hold a public hearing and consider adoption of an ordinance of the City of Denton regarding a change in the zoning district and use classification of 10.91-acres from
Planned Development-MR (PD-MR) zoning district and use classification and 1.51-acres
from Mixed Use Neighborhood (MN) zoning district and use classification to a Planned Development (PD) zoning district on approximately 12.42-acres of land generally located on the southwest side of the intersection of the Southbound I-35E Service Road and Buc-ee’s Boulevard, in the City of Denton, Denton County, Texas; adopting an amendment to the
city’s official zoning map; providing for a penalty in the maximum amount of $2,000.00 for
violations thereof; providing a severability clause and an effective date. THIS PUBLIC HEARING HAS BEEN POSTPONED PENDING A PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISSION. (PD19-0005; Buc-ee’s Outparcels, Cindy Jackson)
As noted above, the public hearing was not held as it had been postponed pending a public hearing before the Planning and Zoning Commission.
C. ID 20-533 Hold a public hearing and consider adoption of an ordinance of the City of Denton,
adopting Standards of Care for recreational care programs administered by Denton’s Parks
and Recreation Department pursuant to Texas Human Resources Code Section 42.041 (b) (14); and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0).
ASSIGNED ORDINANCE NO. 20-533 The item was presented and discussion followed.
Council Member Briggs moved to approve the item as presented. The second was held to
allow the public hearing to be called. With the public hearing opened, speakers were called. Citizen comments received are noted in Exhibit A. All members of the City Council received the comments as submitted and had
the opportunity to review all submissions prior to the start of the meeting and consider such
comments when voting on the item. With no other callers waiting to speak, the public hearing was closed.
127
City of Denton City Council Minutes April 7, 2020 Page 16 Motion seconded by Council Member Armintor. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
Ryan, Armintor, and Meltzer
NAYS (0): None
D. MPC19-0002c Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas approving a major amendment to the Hunter Ranch Master Planned Community (MPC) district to supersede, repeal, and replace Ordinance Nos. 2008-286 and 2010-160 on approximately 3,167 acres of land described in Exhibit A, generally located on
both sides of I-35W, between Robson Ranch Road and Vintage Boulevard in the City of
Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, and providing for severability and an effective date. (MPC19-0002- Hunter Ranch)
ASSIGNED ORDINANCE NO. MPC19-0002c As the scheduled presentation related to Public Hearing Items [3.D (ID MPC19-0002c), 3.E (ID MPC19-0002d), and 3.F (ID MPC19-0001b)], the items were read collectively into the
record and public hearings opened and voted on individually.
The presentation was made and discussion followed. Citizen comments received are noted in Exhibit A. All members of the City Council received
the comments as submitted and had the opportunity to review all submissions prior to the
start of the meeting and consider such comments when voting on the item. With no other speakers on the queue, the public hearing was closed.
Mayor Watts announced the summary of public commentary/registrations. See Exhibit A
for details.
• 11 online comments: 0 in Support and 11 in Opposition
• 3 call-ins: 0 in Support, 0 in Opposition, and 0 Not Stated
• 1 email comment: 0 in Support and 1 in Opposition
Council Member Davis moved to approve the item as presented. Motion seconded by Council Member Ryan. Motion carried.
AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis and Ryan
NAYS (3): Council Members Briggs, Armintor, and Meltzer
E. MPC19-0002d Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a change in the zoning district from the Mixed-Use Neighborhood (MN) Zoning District and use classification on approximately 35.66 acres of land to Hunter Ranch Master Planned Community (MPC) Zoning District and use classification and from
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City of Denton City Council Minutes April 7, 2020 Page 17
Planned Development (PD) Zoning District on approximately 2.24 acres of land to Hunter
Ranch Master Planned Community (MPC) Zoning district and use classification, generally located west of I-35W, between Allred Road and Robson Ranch Road, in the City of Denton, Denton County, Texas; adopting an amendment to the city’s official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for
severability; and establishing an effective date. (MPC19-0002 - Hunter Ranch District
Boundary)
ASSIGNED ORDINANCE NO. MPC19-0002d
As the scheduled presentation related to Public Hearing Items [3.D (ID MPC19-0002c), 3.E (ID MPC19-0002d), and 3.F (ID MPC19-0001b)], the items were read collectively into the record and public hearings opened and voted on individually.
The presentation was made and discussion followed.
Citizen comments received are noted in Exhibit A. All members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item.
With no other speakers on the queue, the public hearing was closed. Mayor Watts announced the summary of public commentary/registrations. See Exhibit A for details.
• 5 online comments: 0 in Support and 5 in Opposition
• 0 call-ins: 0 in Support and 0 in Opposition Mayor Pro Tem Hudspeth moved to adopt the item as presented. Motion seconded by
Council Member Davis. Motion carried.
AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis and Ryan NAYS (3): Council Members Briggs, Armintor, and Meltzer
F. MPC19-0001b Hold a public hearing and consider adoption of an Ordinance of the City of Denton, Texas approving a major amendment to the Cole Ranch Master Planned Community
(MPC) district to supersede, repeal, and replace Ordinance no. 2008-030 on approximately
3,169.4 acres of land described on Exhibit A, generally located west of Interstate 35 West, south of Tom Cole Road, bounded by Tom Cole Road to the north, bisected by FM 2449 near the center of the property, bounded on the eastern side by John Payne Road south of FM 2449 and Underwood Road north of FM 2449; providing for a penalty in the maximum
amount of $2,000.00 for violations thereof, and providing for severability and an effective
date. (MPC19-0001 - Cole Ranch)
ASSIGNED ORDINANCE NO. MPC19-0001b
129
City of Denton City Council Minutes April 7, 2020 Page 18 As the scheduled presentation related to Public Hearing Items [3.D (ID MPC19-0002c), 3.E (ID MPC19-0002d), and 3.F (ID MPC19-0001b)], the items were read collectively into the record and public hearings opened and voted on individually.
The presentation was made and discussion followed. Citizen comments received are noted in Exhibit A. All members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the
start of the meeting and consider such comments when voting on the item.
With no other speakers on the queue, the public hearing was closed. Mayor Watts announced the summary of public commentary/registrations. See Exhibit A
for details.
• 7 online comments: 0 in Support and 7 in Opposition
• 0 call-ins: 0 in Support and 0 in Opposition
• 1 email comment: 0 in Support and 1 in Opposition
Mayor Pro Tem Hudspeth moved to adopt the item as presented. Motion seconded by Council Member Davis. Motion carried. AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis and Ryan
NAYS (3): Council Members Briggs, Armintor, and Meltzer
5. CONCLUDING ITEMS
Council Members expressed items of interest.
With no further business, the meeting was adjourned at 10:45 p.m.
____________________________________ ____________________________________
CHRIS WATTS ROSA RIOS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
MINUTES APPROVED ON: ____________________________________
130
Name Last Address CityAgenda Item Position Method CommentsJennifer Lane 1526 Willowood St. Denton 20-781 Not Stated Telephone Many agree that the world needs more imagination, more "What If's?" to solve our problems, especially during these times. What If we incorporate innovative and responsible ideas intoour city planning like Value Per Acre which can lower our taxes? Green Infrastructure and Low Impact Development that would provide us with cleaner airand water? Strategies thateven benefit developers while enriching our community's quality of life and benefiting our native flora and fauna? That's a win/win/win!Michael Dooley 1019 Hopkins Dr. Denton MPC19-0002c Not Stated Telephone MPC19-0002c, d, and f: WE ARE FACING A PANDEMIC right now. The C/H development items are NOT NEARLY as important as our everyday issues w/Covid19. Pleasepostpone any of the items on C/H Ranch until all boards and commissions can meet again, when it will be safe again to host PUBLIC COMMENT IN PERSON. Pleasetake the time tobe more thoughtful on immediate needs w/pandemic. People need plans for rent, to feed their family, to be healthy. Our community begs of you for this attention NOW. PleaseJon Hohman 3212 Hollycreek St. Denton MPC19-0002c Not Stated Telephone Allocation of city funds for new development needs to be withdrawn until Denton is no longer in a state of disaster. Funds need to be saved for recovery of our economy. My tax dollarsalready have been expended trying to fix the crumbling infrastructure that new apartment high rises were built on. Save our economy by not spreading what needs money for maintainingwhat is already damaged by mass development.Jennifer Lane 1526 Willowood St. Denton MPC19-0002c Not StatedTelephone How will COVID-19 impact project; many unanswered questions; no need to rushJennifer Lane 1526 Willowood St. Denton20-533 ForTelephoneLuCinda Boaz 1050 Brush Creek RoadArgyle 20-760 AgainstOnlineTerryBoaz 1050 Brush Creek RoadArgyle 20-760 AgainstOnline I oppose this agenda item.BrandonBoaz 1050 Brush Creek RoadArgyle 20-760 AgainstOnline I oppose this agenda item. Audrey Bryant 6001 Thistle Hill Denton 20-760 Against Online I oppose this agenda item. JonHohman3212 Hollycreek St. Denton20-760 AgainstOnlineAnne Sullivan2225 Pembrooke Place Denton 20-760 Against Online Please postpone all non disaster-relief and essential function business until some form of normalcy returns. Thank You!LuCinda Boaz 1050 Brush Creek Road Argyle 20-761 Against Online Idon't believe that the Hunter/Cole Ranch development falls under "essential business" so I think this topic and the public hearings should be postponed until a later date. Additionally,we don't know what our economy and/or Denton will look like after the Covid-19 pandemic so this is a premature discussion. Please postpone all of the Hunter/Cole agenda items.TerryBoaz 1050 Brush Creek RoadArgyle 20-761 AgainstOnline I oppose this agenda item.BrandonBoaz 1050 Brush Creek RoadArgyle 20-761 AgainstOnline I oppose this agenda item. Audrey Bryant 6001 Thistle Hill Denton 20-761 Against Online I oppose this agenda item. KenGold2512 Naches Trace Denton20-761 Not StatedTelephoneJonHohman3212 Hollycreek St. Denton20-761 AgainstOnlineJennifer Lane 1526 Willowood St. Denton20-761 Not StatedTelephone Please postpone all non disaster-relief and essential function business until some form of normalcy returns. Thank You!Eric Pruett2111 Westwood Dr. Denton20-761 Not StatedTelephoneLuCinda Boaz 1050 Brush Creek RoadArgyle 20-762 AgainstOnlineTerryBoaz 1050 Brush Creek RoadArgyle 20-762 AgainstOnline I oppose this agenda item.BrandonBoaz 1050 Brush Creek RoadArgyle 20-762 AgainstOnline I oppose this agenda item. Audrey Bryant 6001 Thistle Hill Denton 20-762 AgainstOnline I oppose this agenda item. JonHohman3212 Hollycreek St. Denton20-762 AgainstOnlineLuCinda Boaz 1050 Brush Creek RoadArgyle 20-763 AgainstOnline Please postpone all non disaster-relief and essential function business until some form of normalcy returns. Thank You!TerryBoaz 1050 Brush Creek RoadArgyle 20-763 AgainstOnline I oppose this agenda item.BrandonBoaz 1050 Brush Creek RoadArgyle 20-763 AgainstOnline I oppose this agenda item. Audrey Bryant 6001 Thistle Hill Denton 20-763 Against Online I oppose this agenda item. JonHohman3212 Hollycreek St. Denton20-763 AgainstOnlineAudrey Bryant 6001 Thistle Hill Denton 20-764 Against Online Please postpone all non disaster-relief and essential function business until some form of normalcy returns. Thank You!JonHohman3212 Hollycreek St. Denton20-764 AgainstOnlineJon Hohman 3212 Hollycreek St. Denton 20-765 Against Online Please postpone all non disaster-relief and essential function business until a semblance of normalcy returns and the glitches in the public commenting are improved. Thank You!LuCinda Boaz 1050 Brush Creek RoadArgyle MPC19-0001b AgainstOnlineTerryBoaz 1050 Brush Creek RoadArgyle MPC19-0001b AgainstOnline I oppose this agenda item.BrandonBoaz 1050 Brush Creek RoadArgyle MPC19-0001b AgainstOnline I oppose this agenda item. Christiana Harris 3500 Cooper Branch WestDentonMPC19-0001b AgainstOnline I oppose this agenda item. Jon Hohman 3212 Hollycreek St. Denton MPC19-0001b Against Online Allocation of city funds for new development needs to be withdrawn until Denton is no longer in a state of disaster. Funds need to be saved for recovery of our economy. We don't needto be using tax dollars to maintain new development when we can't even keep up with development thrown on a crumbling in the center of the city.Lucas Holl 815 Crestoak Place DentonMPC19-0001b AgainstOnlineEileen Zimmerer 2324 Brooklake St. West Denton MPC19-0001b Against Online Please delay the entire MMD package, including all operating agreements, until you can safely hold in-person meetings for public comment. It would be poor form to approve massivenew expenditures in the fog of Covid-19 while most are hyper-focused on their health, safety and immediate needs. Further, I urge the city to send out notices to all City residents tosummarize the breadth and expense of the City's new obligations under the MMD and related operating agreements. Fair notice.Shaureece ParkMPC19-0001b AgainstEmailLuCinda Boaz 1050 Brush Creek Road Argyle MPC19-0002c Against OnlineThe Cole/Hunter development Public Hearing should be postponed to a time when the Public can properly assess all of the issues involved in a proposed development on Denton's westside that would be the size of Lewisville (15,000 new homes) and half again the size of Denton (Denton currently has 29,000 homes). A hearing on something this important shouldwait till the public can be informed and participate in the normal way. Most in Denton are completely unaware of what's happening on this and are fully engaged in dealing with theeffects on them of the current health crisis. Much appreciation for the efforts the City is making to allow the public to participate in Council meetings virtually. However, Tuesday'smeeting will be the first attempt at such participation and there are already glitches and will likely be more. The first glitch is that the DRC reports that people can call in between 6:00-6:30 to be put on the queue to speak to Council or receive help with their call in 'white card' but the City's notice says to call "uptill 30 minutes before," which would indicate that onecan call from some unspecified time up till 6:00. No oneknows the answer and when one calls the number for clarification, the recorded voice says to call back "at another time." TheCity has not yet even tried this means of receiving public input. At a normal meeting, people could arrive and submit a card anytime during the meeting before the item is called. Thereis no accommodation for this aspect. Other glitches too are likely to arise the first time attempting to manage public input. This is no way to hold a public hearing about something asimportant as Cole-Hunter is. TerryBoaz 1050 Brush Creek RoadArgyle MPC19-0002c AgainstOnline I oppose this agenda item. BrandonBoaz 1050 Brush Creek RoadArgyle MPC19-0002c AgainstOnline I oppose this agenda item. Keri Caruthers 2101 Savannah Trl. Denton MPC19-0002c Against Online I oppose this agenda item. Christiana Harris 3500 Cooper Branch WestDentonMPC19-0002c AgainstOnline Did not answer multiple timesJonHohman3212 Hollycreek St. DentonMPC19-0002c AgainstOnline Please postpone all non disaster-relief and essential function business until some form of normalcy returns. Thank You!Shaureece ParkMPC19-0002c AgainstEmailApril 7, 2020 City Council Regular Meeting - EXHIBIT ASpeaker Commentaries/RegistrationsOnline, Email, Phone131
April 7, 2020 City Council Regular Meeting - EXHIBIT ASpeaker Commentaries/RegistrationsOnline, Email, PhonePage 2 of 2Name Last Address CityAgenda Item Position Method CommentsEd Soph 1620 Victoria Dr. Denton MPC19-0002c Against Online There must be language prohibiting the re-drilling or fracking of existing wells and the drilling/fracking of new wells on existing pad sites. Too, soil testing for toxic chemicalsandradioactivity should be mandated when a school, park, playground or other protected use is to be situated within 1,000 ft. of an existing well or pad site. There are no distancerequirements for compressor stations and that must be addressed as well.Sandy Swan 1413 Cambridge Denton MPC19-0002c Against Online All discussion and decisions about Cole Hunter development should be postponed until after the end of the Stay at Home orders. Given their size and complexity, the Cole Hunterdevelopments would have a major impact on the nature of our city. Greater community discussion and feedback is necessary. The Stay at Home orders reduces the ability of thecommunity to provide adequate feedback.GaryTurnbull 3304 Stonecrop Trl. Argyle MPC19-0002c AgainstOnlineKarinTurnbull 3304 Stonecrop Trl. Argyle MPC19-0002c AgainstOnlineEileen Zimmerer 2324 Brooklake St. West Denton MPC19-0002c Against OnlineLuCinda Boaz 1050 Brush Creek RoadArgyle MPC19-0002dAgainstOnline I oppose this agenda item.TerryBoaz 1050 Brush Creek RoadArgyle MPC19-0002dAgainstOnline I oppose this agenda item. BrandonBoaz 1050 Brush Creek RoadArgyle MPC19-0002dAgainstOnline I oppose this agenda item. Christiana Harris 3500 Cooper Branch West Denton MPC19-0002d Against Online Allocation of city funds for new development needs to be withdrawn until Denton is no longer in a state of disaster. Funds need to be saved for recovery of our economy. Tax dollarsneed to be retained for the city during and after the disaster.JonHohman3212 Hollycreek St. DentonMPC19-0002dAgainstOnline Please postpone all non disaster-relief and essential function business until some form of normalcy returns. Thank You!Brian (Applicant) Carlock 3000 Turtle Creek Blvd. Dallas MPC19-0002c For Telephone Detailed specifics of the proposed project; if City has certain guidelines/requirements, their project is expected to exceed those standards.NOTE: Comments for those citizens addressing the City Council are an abbreviated summary.132
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-852,Version:1
AGENDA CAPTION
Consider approval of a resolution of the City Council of the City of Denton finding that a public emergency
exists and setting forth its support for determining that the emergency warrants a special election;for
petitioning the governor for a special election date;authorizing the Mayor and City Manager to forward the
resolution to the Governor and Secretary of State of the State of Texas; and providing an effective date.
City of Denton Printed on 4/28/2020Page 1 of 1
powered by Legistar™133
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM/ DCM/ ACM: Todd Hileman
DATE: April 30, 2020
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton finding that a public
emergency exists and setting forth its support for determining that the emergency warrants a special
election; for petitioning the governor for a special election date; authorizing the Mayor and City Manager
to forward the resolution to the Governor and Secretary of State of the State of Texas; and providing an
effective date.
BACKGROUND
On March 13, 2020, the Mayor signed a Declaration of Local Disaster related to the coronavirus SARS-
CoV2 which causes the disease COVID-19. Council extended that Declaration on March 17, 2020, through
Ordinance 20-721.
On March 18, 2020, the Governor issued a proclamation suspending Sections 41.0052(a) and 41.0052(b)
of the Texas Election Code, allowing political subdivisions to move their general election and special
elections set on May 2, 2020 to the next uniform election date, November 3, 2020, without otherwise
adjusting the terms of office.
On March 20, 2020, the City Council adopted Ordinances No. 20-741 and 20-742, postponing the ordered
general and special elections from Saturday, May 2, 2020 to Tuesday, November 3, 2020. These ordinances
also authorized the City Manager to petition the Governor, with other Texas municipalities, to request an
election date prior to November 3, 2020.
In moving the elections, the council noted several concerns with holding an election on Nov. 3, including
the difficulties in administering a runoff election in and around the holiday season and the possibility that
a highly partisan national election will overshadow and be a detriment to thoughtful discussion of local
issues. Council provided direction to bring forward a resolution petitioning the State of Texas for alternative
general and special election dates.
On April 7, 2020 a copy of the proposed resolution was discussed by the Council. Direction was given to
prepare a resolution requested any alternative special and general election date other than Nov. 3, but that
Sept. 19 and Sept. 26 were preferred by the Council.
Because special elections are granted greater capacity for elections on non-uniform dates, the resolution
provided to council requests that the Governor suspend all sections of the Texas Election Code
differentiating between general and special elections to the extent necessary to allow for general elections
to be placed on non-uniform dates.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
134
Additionally, following discussions with Focused Advocacy, while not required by statute, it was also
recommended that the Resolution be filed with the Texas Secretary of State who traditionally assigns review
of such requests and will provide a recommendation to the Governor. With this extra support, the Governor
is more likely to provide an official response to the City, rather than deny it by taking no action at all.
OPTIONS
N/A
RECOMMENDATION
N/A
ESTIMATED SCHEDULE OF PROJECT
N/A
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
April 7 – Work Session Discussoin
FISCAL INFORMATION
N/A
BID INFORMATION
N/A
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Resolution
Respectfully submitted:
Ryan Adams
Deputy Director of Public Affairs/IGR
135
RESOLUTION NO._
A RESOLUTION OF rns CITY COUNCIL OF THE CITY OF DENTON FINDINGTHA T A
PUBLIC EMERGENCY EXISTS AND SEmNG FORm ITS SUPPORT FOR
DElERMINING mAT mE EMERGENCY WARRANTS A SPECIAL ELECTION;FOR
PETITIONING mE GOVERNOR FOR A SPECIAL ELECTION DAlE;AUTHORIZING
mE MAYOR AND CITY MANAGER TO FORWARD THE RESOLUTION TO mE
GOVERNOR AND SECRETARY OF STAlE OF mE STAlE OF lEXAS;AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,beginning in December 2019,a novel coronavirus,now designated COVID-
19,spread through the world and has now been declared a global pandemic by the World Health
Organization;and
WHEREAS,on March 13,2020,the Governor Greg Abbott (the "Governor")declared a
statewide public health emergency;and
WHEREAS,the Commissioner of the Texas Department of State Health Services,Dr.
John Hellerstedt,has determined that COVID-19 represents a public health disaster within the
meaning of Chapter 81 ofthe Texas Health and Safety Code;and
WHEREAS,on March 13,2020,Mayor Chris Watts (the "Mayor")issued a declaration
of local disaster for public health emergency related to the COVID-19 pandemic;and
WHEREAS,on March 17,2020,the City Council through Ordinance No.20-721
extended the state of emergency;and
WHEREAS,pursuant to Section 418.016 of the Texas Government Code,the Governor
has the express authority to suspend the provisions of any regulatory statute prescribing the
procedures for conduct of state business or the orders or rules of a state agency if strict
compliance with the provision,orders,or rules would in any way prevent,hinder,or delay
necessary action in coping with a disaster;and
WHEREAS,pursuant to Texas Attorney General Opinion No.KP-0191,Section 418.016
of the Texas Government Code provides legislative authorization for the Governor to
temporarily suspend provisions prescribing deadlines and timing requirements for calling a
special election;and
WHEREAS,on March 18,2020,the Governor issued a proclamation suspending
Sections 41.0052(a)and 41.0052(b)of the Texas Election Code and allowing political
subdivisions to move their general election and special elections set on May 2,2020 to the next
uniform election date,November 3,2020,without otherwise adjusting the terms of office;and
WHEREAS,on March 19,2020,the Governor issued Executive Order No.GA-08
relating to COVID-19 preparedness and mitigation;and
136
WHEREAS,on March 20,2020,the City Council adopted Ordinance No.20-741
postponing an ordered general election for the purpose of electing council members for Places 5
and 6 and electing a Mayor to Place 7 from Saturday,May 2,2020 to Tuesday,November 3,
2020;and
WHEREAS,on March 20,2020,the City Council adopted Ordinance No.20-742
postponing an ordered special election for the purpose of electing council members to fill the
unexpired terms,ending in May 2021 for Districts 1 and 2 from Saturday,May 2,2020 to
Tuesday,November 3,2020;and
WHEREAS,in City Ordinance No.20-741 and No.20-742 the City Council authorized
the City Manager to petition the Governor with other Texas municipalities,requesting an
election date prior to November 3,2020;and
WHEREAS,on March 20,2020,the City Council amended the declaration of local
disaster for public health emergency and extended such declaration until April 30,2020;and
WHEREAS,on March 31,2020 the Governor issued Executive Order No.GA-14
relating to statewide continuity of essential services and activities during the COVID -19 disaster;
and extended Executive Order No.GA-08 until Apri130,2020;and
WHEREAS,upon study and deliberation the City Council determined that while
postponing the election was necessary to protect public health and safety,holding the election on
the uniform election date in November is not in the best interest of the citizens of the City of
Denton;and
WHEREAS,five (5)candidates have filed for District 2 creating a very high likelihood
of the necessity for a runoff because no candidate would receive the required majority vote;and
WHERAS,the pertinent part of Section 3.04(b)of the Charter of the City of Denton
provides that "If no candidate receives a majority,or if there is a tie for anyone place,the
council shall order a runoff election which shall be held not earlier than the twentieth or later
than the thirtieth day after the date the final canvass of the regular election is completed or as
otherwise required by the Election Code and all other applicable laws,"which means the
runoff election would fall sometime between Thanksgiving and Christmas 2020;and
WHEREAS,in a highly partisan presidential election year national candidates and issues
will dominate advertising and media coverage;and
WHEREAS,the City Council has determined that robust debate and thoughtful
consideration of local issues are best carried out in an environment that is not dominated by
partisan party politics;and
WHEREAS,historically the expense of political advertising lS inflated during a
presidential election cycle;and
WHEREAS,local candidates are forced to raise additional money for advertising while
competing with national candidates for a finite amount of funds;and
137
WHEREAS,the City Council has determined that candidates should have the opportunity
to advocate and be a visible presence in a local campaign regardless of funding levels;and
WHEREAS,holding a local election on a date between May 2,2020 and November 3,
2020 will allow the City to protect the health and safety of its citizens and also promote good
local governance;and
WHEREAS,the City Council has determined that these objectives will best be met by
ordering a special election for the purpose of electing council members to Places 5 and 6,
Districts 1 and 2,and a Mayor to Place 7;and
WHEREAS,this Resolution shall serve as a petition to the Governor requesting that
pursuant to his authority under Section 418.016 of the Texas Government Code and Section
41.0011 of the Texas Election Code he determine that an emergency exists and that said
emergency warrants that an election be held on a nonuniform election date earlier than the
general election date of November 3,2020;and
WHEREAS,the City Council respectfully requests that such election be held earlier than
November 3,2020;preferably on one of the following dates:September 19,2020 or September
26,2020;and
WHEREAS,the City Council deems it in the public interest to authorize the Mayor to
execute and the City Manager to transmit to the Governor's office and the Secretary of State a
copy of this Resolution and take all reasonable and necessary actions to advocate for the
emergency declaration and change of election date to a nonuniform election date prior to the
general election date of November 3,2020;NOW,THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1.The findings and recitations contained in the preamble of this Resolution
are true and correct and are hereby incorporated into the body of this Resolution by reference.
SECTION 2.The Mayor and City Manager and their designees are hereby directed to
forward this Resolution to the Governor,the Secretary of State,and other State of Texas offices
as may be necessary;and
SECTION 3.This Resolution shall serve as a petition requesting that the Governor,
pursuant to his authority under Section 418.016 of the Texas Government Code and Section
41.0011 of the Texas Election Code issue a proclamation (1)suspending all sections of the
Texas Election Code differentiating between general and special elections to the extent
necessary;(2)determining that an emergency exists and that said emergency warrants that a
special election be held on a nonuniform election date earlier than the general election date of
November 3,2020;and (3)finding that the nature of the emergency is the continuing public
health danger presented by the COVID-19 virus as set forth in the above-referenced state and
local orders;and (4)ordering a special election for those public offices that would have
otherwise been held on May 2,2020 and rescheduled to November 3,:?020 to occur prior to.,,;.'.'"
138
November 3,2020,preferably on one of the following dates:September 19,2020 or September
26,2020,as will best facilitate the public purposes stated herein.
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 L -_J:
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth,District 1:
Keely G.Briggs,District 2:
Jesse Davis,District 3:
John Ryan,District 4:
Deb Arrnintor,At Large Place 5:
Paul Meltzer,At Large Place 6:
PASSED AND APPROVED this the __day of ,2020.
CHRIS WAITS,MAYOR
ATIEST:
ROSA RIOS,CITY SECRETARY
BY:---------------------------
APPROVED AS TO LEGAL FORM:
AARON LEAL,CITY ATTOR~
BY:~~.:£l;/J5
139
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-873,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,extending
the effective period of the declared state of local disaster;superseding and replacing the Second Order of
Council of the City of Denton issued April 6,2020 approved by Ordinance 20-812;confirming and authorizing
the expenditure of funds; providing a repealer clause; and providing an effective date.
City of Denton Printed on 4/24/2020Page 1 of 1
powered by Legistar™140
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM/ DCM/ ACM: Todd Hileman
DATE: April 30, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
extending the effective period of the declared state of local disaster; superseding and replacing the Second
Order of Council of the City Of Denton issued April 6, 2020 approved by Ordinance 20-812; confirming
and authorizing the expenditure of funds; providing a repealer clause; and providing an effective date.
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.
First Declaration and Order
On March 13, the Mayor determined that extraordinary measures must be taken by temporarily limiting
the number of persons allowed to convene in a single location; temporarily closing City buildings,
facilities, and certain uses thereof; temporarily postponing all non-essential municipal court proceedings;
providing resources to prevent eviction due to COVID-19 impact; and suspending all City utility shut-offs
to residential customers. On March 13, 2020, the Mayor executed a “Declaration of Local Disaster for
Public Health Emergency” and an “Order of the Mayor of the City of Denton” pursuant to the
Declaration.
On March 17, 2020, the City Council extended the Mayoral Declaration with Ordinance 20-721. This
extension increased the term of the declaration through April 30, unless otherwise modified by Council.
On March 20, 2020, City Council further amended Ordinance 20-721 by Ordinance 20-740. Under that
amended ordinance:
• Community gatherings of 50 persons or more are prohibited within the City of Denton.
• Social gatherings of more than 10 persons are prohibited within the City of Denton beginning at
12:01 a.m. on March 21, 2020 and continuing through the duration of Gov. Abbott’s Executive
Order GA 08, signed March 19.
• High-risk individuals, as defined by the Centers for Disease Control and Prevention (CDC), are
urged to cancel, reschedule, or not attend any gatherings during this time.
• All non-essential City of Denton Municipal Court proceedings are postponed until after April 30,
2020.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
141
• Restaurants, microbreweries, micro-distilleries, and wineries within the City may only provide
take out, delivery, or drive-through services.
• All City of Denton utility non-payment shut-offs are suspended through April 30, 2020.
• Up to $500,000 of funding is authorized to be spent for COVID-19 response activities.
• Up to $50,000 of funding is authorized to be provided to the United Way of Denton County to
assist individuals and families living in the City of Denton, who have experienced income or job
loss directly resulting from COVID-19, in eviction avoidance.
Second Declaration and Order
On March 24, 2020, the City of Denton and Denton County issued a new declaration of disaster and order
and executive order, respectively, to establish “Stay at Home” mandates for both jurisdictions.
The second Mayoral declaration and order, issued by Mayor Watts, mandated that, except for essential
activities and the operations of essential businesses, residents must stay at their place of residence to slow
the spread of COVID-19. Additional detail is provided in the City of Denton order. It became effective at
11:59 p.m. on Wednesday, March 25, 2020 and expired on 11:59 p.m. on Wednesday, April 1, 2020.
The County Executive Order was extended, with a small number of modifications, on March 31 by the
Denton County Commissioners Court. The Denton County order is valid through April 7, 2020.
Governor’s Executive Order GA-14; Ordinance and Order 20-812
On March 31, 2020, Governor Abbott issued executive order GA-14 (attached) that, among other
mandates, states that every person in Texas shall, except where necessary to provide or obtain essential
services, minimize social gatherings and minimize in-person contact. Additionally, the order states:
• People shall avoid eating or drinking at bars, restaurants, and food courts, or visiting gyms,
massage establishments, tattoo studios, piercing studios, or cosmetology salons; allowing for take-
out, drive-thru, and delivery services for food establishments;
• People may from access essential services or engage in essential daily activities, such as going to
the grocery store or gas station, providing or obtaining other essential services;
• People are not prohibited from visiting parks, hunting or fishing, or engaging in physical activity
like jogging or bicycling;
• People shall not visit nursing homes, state supported living centers, assisted living facilities, or
long-term care facilities unless to provide critical assistance;
• people and businesses should follow the
• Guidelines from the President and the CDC by practicing good hygiene, environmental
cleanliness, and sanitation, implementing social distancing, and working from home if possible;
• All services should be provided through remote telework from home unless they are essential
services that cannot be provided through remote telework;
• If religious services cannot be conducted from home or through remote services, they should be;
and
• Schools shall remain closed and not recommence prior to May 4, 2020.
The order states that essential services shall “consist of everything listed by the U.S. Department of
Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce, Version 2.0, plus
religious services conducted in churches, congregations, and houses of worship.” The Texas Division of
Emergency Management shall maintain a list of essential services and, as necessary, add to it. The list is
accessible at www.tdem.texas.gov/essentialservices.
On April 6, 2020, the City Council adopted Ordinance 20-812 and its associated order of Council. This
action, among other provisions, extended the Stay at Home order through April 30, 2020, authorized the
142
City Manager to expend up to $750,000 in funding for disaster response, and aligned the city’s order with
that of the State of Texas and Denton County.
Governor’s Executive Order GA-16 and GA-17
On Friday, April 17, Governor Abbott announced three Executive Orders that will begin to reopen certain
businesses and state parks, ease some surgery restrictions under certain parameters, and aim to reduce
further spread of COVID-19 in Texas. Of the three Orders, Executive Order (GA-17) establishes a
“statewide strike force” of nationally recognized medical experts and private and public leaders who will
advise the Governor on safely and strategically reopening the state. Gov. Abbott is scheduled to announce
additional details of the phased strategy to reopen businesses on Monday, April 27. Executive Order GA-
16 relates to the safe, strategic reopening of select services and activities in Texas. This order establishes a
temporary "Retail-To-Go" model that will allow retail outlets in Texas to reopen beginning Friday, April
24. Under this model, reopened establishments are required to deliver items to customer's cars, homes, or
other locations to minimize contact.
Future Executive Orders
Governor Abbott has indicated that additional guidance will be provided on April 27. Since that date is
after the posting date of this agenda, staff will provide and post online a presentation and any back up
material to the City Council before the meeting.
OPTIONS
N/A
RECOMMENDATION
N/A
ESTIMATED SCHEDULE OF PROJECT
N/A
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
April 6 – Adoption of Ordinance 20-812 superceding Ordinacne 20-740
March 24 – Second Mayoral declaration of local disaster and order
March 20 – Adoption of Ordinance 20-740 amending Ordinance 20-721
March 17 – Adoption of Ordinance 20-721 extending and modifying Mayoral Declaration
March 13 – Mayoral declaration of local disaster and order
FISCAL INFORMATION
N/A
BID INFORMATION
N/A
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – March 13 Mayoral Declaration of Local Disaster
Exhibit 3 – March 13 Order of the Mayor of the City of Denton
Exhibit 4 – March 17 Ordinance and Order 20-721
Exhibit 5 – March 20 Ordinance and Order 20-740
Exhibit 6 – March 24 Second Mayoral Declaration of Local Disaster and Order
Exhibit 7 – Governor Abbott Executive Order GA-14
Exhibit 8 – April 6 Ordinance and Order 20-812
Exhibit 9 – Governor Abbott Executive Order GA-16
143
Respectfully submitted:
Ryan Adams
Deputy Director of Public Affairs/IGR
144
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146
147
148
ORDINA CE NO. 20-72]
AN ORD! ANC · OF THE CITY OF DENTON. A TEXAS HOME-RULE MUNICIPAL
CORPORATION. EXTENDING THE FFECTIVE PERIOD OF THE DECLARATION OF
EMERGENCY EXECUTED BY Tl IE MAYOR ON MARCH 13. 2020: TERMINATING AND
REPLACl G THE ORDER OF THE MAYOR DATED MARCH 13. 2020; AUTHORIZING
THE EXPENDIT R OF AMOUNT T TO EXCEED FIVE H R D FIFTY
THOUSAND DOLLARS ($550.000.00) DURING THIS PERIOD PURSUANT TO ODE OF
ORDINANC ES SECTION 9-23: AND PROVIDING AN EF CTIVE DATE.
WHEREAS. beginning in December 2019, a novel coronavirus, now designated SARS-
oV2 which causes the disease COVID-19, has spread throughout the world and has now been
declared a global pandemic by the World H alth Organization: and
WHEREAS. symptoms of COVID-19 include fever. coughing. and shortness of breath,
and in some cases the virus has cau ·cd death: and
WHEREAS. the known cases of COVID-19 diagnosed in the State of Texas is currently
increasing daily with 18 positive or presumed positive cas s across North Texa<; and several
persons under observation in Denton County following presumed exposure: and
WHEREAS. extraordinar measures must be taken to contain COVID-19 and prevent its
spread throughout the City of Denton and Denton County, including the limitation of community
gatherings of over I 00 people and potential ly requiring individuals, groups of individuals, or
property to be subject to additional measures that prevent or control the spread of disease; and
WHEREAS, the State Office of Court Administration, in consultation with the Supreme
Court, Court of Crimi nal Appeals. and Regional Judges, has provided guidance recommending
postponement of all non-essential court proceedings, minimizing staff, and taking all other
appropriate measures to prevent the spread of disease; and
WHEREAS, the Mayor of the City of Denton has determined that extraordinary measures
must be taken by temporarily limiting the number of persons allowed to convene in a single
location; temp rarily clo ing City buildings. facilities. and limiting certain uses thereof;
temporarily postponing all non-essential municipal court proceedings: providing resourc s to
prevent eviction due to COVID-19 impact: and temporarily suspending all City utility shut-offs to
residential customers: and
WHEREAS, on March 13. 2020. the Mayor executed a ··Declaration of Local Disaster for
Public Health Emergency:· a copy of which is attached hereto as Exhibit '·A;· and an ··Order of
the Mayor of the City of Denton" pursuant to the Declaration. a copy of which is attached hereto
as Exhibit ··s:·· and
WHEREAS. the City Council finds that it is in the best interest of the citizens of the City
of Denton to extend the effectiveness of the March 13, 2020 Declaration of Disaster until 11 :59
p.m. April 30, 2020, tenninate and replace the Order of the Mayor, as detailed herein. and authorize
the expenditure of no more than Five Hundred Fifty Thousand Dollars ($550,000.00) during this
149
period to proceed with the necessary emergency responses and essential functions not already
budgeted; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The facts, circumstances, and recitations contained in the preamble of this
Ordinance are found and declared to be true and correct, and are incorporated herein by reference
as if fully set out herein.
SECTION 2. Pursuant to Section 418.108, Texas Government Code, and Section 9-27,
City of Denton Code of Ordinances, the effective period of the attached Declaration of Disaster
executed by the Mayor on March 13, 2020 is extended until 11:59 p.m. on Thursday, April 30,
2020 in the interest of public health and safety in an attempt to prevent the spread ofCOVID-19,
unless further extended, revised, or terminated by law.
SECTION 3. The Order of the Mayor, executed by the Mayor pursuant to the Declaration
of Disaster on March 13, 2020, is hereby tenninated and replaced with the Order of Council
attached hereto as Exhibit "C."
SECTION 4. Pursuant to City of Denton Code of Ordinances Section 9-23, the City
Manager is hereby authorized to expend funds up to Five Hundred Fifty Thousand Dollars
($550,000.00) for necessary emergency response procurement and essential functions not already
budgeted. The City Manager shall keep a written account of all emergency procurements made during
this emergency and provide such accounting to City Council within three (3) months of the conclusion
of the emergency.
SECTION 5. The m~n to approve this Ordinance was made by ~ /2 · and
seconded by G a/If 2 ~ 19;:J ; the Ordinance was passed and ap roved by the following
voter a:.-.LJ
Aye 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: 7
Paul Meltzer, At Large Place 6:
150
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY A TTO Y
151
EXHIBIT "A"
DECLARATION OF LOCAL DISASTER
FOR PUBLIC HEALTH EMERGENCY
WHEREAS, beginning in December 2019. a novel coronavirus. now designated SARS-CoV2
which causes the disease COVID-19, has spread throughout the world and has now been declared
a global pandemic by the World Health Organization: and
WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath, and in
some cases the virus has caused death; and
WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently increasing
daily with 13 positive or presumed positive cases across North Texas and several persons under
observation in Denton County following presumed exposure; and
WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread
throughout the City of Denton and Denton County, including the limitation of community
gatherings of over two hundred fifty (250) people and potentially requiring individuals, groups of
individuals, or property to be subject to additional measures that prevent or control the spread of
disease; and
WHEREAS, the State Office of Court Administration, in consultation with the Supreme Court,
Court of Criminal Appeals, and Regional Presiding Judges has provided guidance recommending
postponement of all non-essential court proceedings. minimizing staff, and taking all other
appropriate measures to prevent the spread of disease;
OW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF DENTON:
I. That a local state of disaster for public health emergency is hereby declared for the City of
Denton, a Texas home-rule municipal corporation, pursuant to Section 418.108(a) of the Texas
Government Code and Section 9-21 of the City of Denton Code of Ordinances.
2. Pursuant to Texas Government Code Section 418 .108(b) and Section 9-27 of the City of
Denton Code of Ordinances. the state of disaster for public health emergency shall continue for a
period of not more than seven (7) days from the date of this declaration unless continued or
renewed by the Denton City Council.
3. Pursuant to Texas Government Code Section 418. l 08( c) and Section 9-25 of the City of
Denton Code of Ordinances, this declaration of a local state of disaster for public health emergency
shall be given prompt and general publicity and shall be filed promptly with the City Secretary.
4. Pursuant to Section 4 l 8.108(d) of the Texas Government Code, this declaration of a local
state of disaster activates the City of Denton emergency management plan and grants the Mayor
the powers set forth in Section 9-22 of the City of Denton Code of Ordinances; including the power
to temporarily close City buildings, facilities, and ce11ain uses thereof; to temporarily postpone all
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152
non-essential municipal court proceedings; to temporarily suspend all City utility shut-offs to
residential customers affected by COVID-19; and to prohibit all public and private gatherings
wherein two hundred fifty (250) people or more are expected, as well as those gatherings of twenty
(20) or more people where high-risk individuals. as defined by the United States Centers for
Disease Control and Prevention (CDC) are in attendance.
5. Pursuant to Health and Safety Code Section 122 .006. the City may adopt rules to protect
the health of persons in the City and provide for the establishment of quarantine stations,
emergency hospitals, and other hospitals.
6. That this proclamation shall take effect immediately from and after its issuance.
DECLARED this the l 2~Y of March. 2020.
~
City of Denton Mayor
Page 2 of2
153
EXHIBIT "B"
ORDER OF TH E MAYOR OF THE CITY OF DENTON
DATE ISSUED: MARCH 13, 2020
Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted
through person to person contact, especially in group settings, and it is essential that the spread of
the virus be slowed to protect the ability of public and private health care providers to handle the
influx of new patients and safeguard public health and safety. Because of the risk of the rapid
spread of the virus, the need to protect the most vuln rable members of the community, this Order
closes certain City buildings and non-essential services or uses. This order prohibits community
gatherings of two hundred fifty (250) persons or more within the City of Denton beginning at 5:00
p.m. on March 13, 2020, and continuing seven days through 5:00 p.m. on March 20, 2020, as
defined below. The City of Denton strongly recommends following the social distancing protocols
attached to this Order. Additionally, the City of Denton urges high-risk individuals, as defined by
the Centers for Disease Control and Prevention (CDC), to cancel, reschedule, or not attend events
that will have or will likely have 20 or more people.
PURUSANT TO THE MAYORAL PROCLAMATION OF MARCH 13, 2020 AND THE
AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND
SECTION 416.108 OF THE TEXAS GOVERNMENT CODE, CITY OF DENTON
MAYOR CHRIS WATTS HEREBY ORDERS:
I. Effective as of 5:00 p.m. on Friday, March 13, 2020, and continuing until 5:00 p.m. on
March 20, 2020, public or private Community Gatherings (as defined in Section 4 below) are
prohibited anywhere in the City of Denton.
2. The City of Denton strongly urges organizations that serve high-risk populations, as
defined by the Centers for Disease Control and Prevention (CDC), to cancel gatherings of more
than 20 people. These recommendations are based on the social distancing practices promulgated
by the CDC as well as the '·Implementation of Mitigation Strategies for Communities with Local
COVID-19 Transmission" issued by the CDC. The City of Denton urges people not to attend non-
essential gatherings during the duration of this Order in order to help slow down the spread of the
COVID-19 virus.
3. All non-essential court proceedings in the Municipal Court No. I of the City of Denton are
postponed. All such proceedings will be rescheduled following the term of this Order. No fine,
penalty, or punishment shall issue against a party because of the postponement ordered herein.
Municipal Court No. 1 shall continue to hear all proceedings deemed essential by the state Office
of Court Administration, including search and arrest wanant requests. arraignments. criminal
magistration proceedings, and requests for temporary restraining orders.
4. Definitions:
a. For purposes of this Order, a "Community Gathering" is any indoor or outdoor
event or convening, subject to the exceptions and clarifications below, that brings together or is
likely to bring together three hundred (300) or more persons at the same time in a single room or
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other single confined or enclosed space, such as an auditorium, theater, stadium (indoor or
outdoor), arena or event center, meeting hall, conference center, large cafeteria, gymnasium, or
any other confined space.
b. For purposes of clarity, a ·'Community Gathering'' does not include the following so long
as visitors are generally not within arm· s length of one another for extended periods:
1. spaces where 250 or more persons may be in transit or waiting for transit, such as
airports, bus stations, or terminals;
11. office space or residential buildings;
111. grocery stores, shopping malls, or other retail establishments where large numbers
of people are present but it is unusual for them to be within arm's length of one
another for extended periods; and
iv. hospitals and medical facilities.
c. Specifically excluded from the definition of "Community Gathering'" is the following:
i. gathering of people in multiple, separate encloses spaces in a single building, such
as a multiplex movie theater, school, church. or office tower, so long as 250 people
are not present in any single space at the same time; and
ii. the use of enclosed spaces where 250 or more people may be present at different
times during the day, so long as 250 or more people are not present in the space at
the same time.
5. It is further ordered that all City of Denton utility shut offs for residential customers are
suspended, even for nonpayment, during the pendency of this Order upon proof of income or job
loss directly resulting from COVID-19.
6. The City Manager is given authority to expend up to $50,000.00 as funding to the United
Way of Denton County to assist individuals and families living in the City of Denton. who have
experienced income or job loss directly resulting from COVID-19, in eviction avoidance.
7. This Order shall be effective until 5:00 p.m. on Friday, March 20, 2020, or until it is either
rescinded, superseded, or amended pursuant to applicable law.
8. Copies of this Order shall be promptly provided to the City Secretary for filing and posting
on the City's website and in other conspicuous places.
ITISS~~
~sWatts
City of Denton
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EXHIBIT "C"
ORDER OF THE COUNCIL OF THE CITY OF DENTON
DATE ISSUED: MARCH 17, 2020
Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted
through person to person contact, especially in group settings, and it is essential that the spread of
the virus be slowed to protect the ability of public and private health care providers to handle the
influx of new patients and safeguard public health and safety. Because of the risk of the rapid
spread of the virus, the need to protect the most vulnerable members of the community, this Order
closes certain City buildings and limits non-essential services or uses. This order prohibits
community gatherings of one hundred ( 100) persons or more within the City of Denton beginning
at 12:01 a.m. on March 18, 2020, and continuing through 11 :59 p.m. on April 30, 2020, as defined
below. The City of Denton strongly recommends following the social distancing protocols
promulgated by the Centers for Disease Control and Prevention (CDC). Additionally, the City of
Denton urges all individuals to avoid gatherings of fifty (50) persons or more and high-risk
individuals, as defined by the CDC, to cancel, reschedule, or not attend any gatherings during this
time.
PURSUANT TO THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF
ORDINANCES AND SECTION 416.108 OF THE TEXAS GOVERNMENT CODE, CITY
OF DENTON COUNCIL HEREBY ORDERS:
1. Effective as of 12:01 a.m. on Wednesday, March 18, 2020, and continuing until 11:59 p.m.
on Thursday, April 30, 2020, public or private Community Gatherings (as defined in Section 4
below) are prohibited anywhere in the City of Denton.
2. The City of Denton strongly urges all individuals to avoid any gatherings of fifty (50)
persons or more. Further, individuals in high-risk populations, as defined by the CDC should
avoid all gatherings. These recommendations are based on the social distancing practices
promulgated by the CDC as well as the "Implementation of Mitigation Strategies for Communities
with Local COVID-19 Transmission" issued by the CDC. The City of Denton urges people not to
attend non-essential gatherings during the duration of this Order in order to help slow down the
spread of the COVID-19 virus.
3. All non-essential court proceedings in Municipal Court No. 1 of the City of Denton are
postponed. All such proceedings will be rescheduled following the term of this Order. No fine,
penalty, or punishment shall issue against a party because of the postponement ordered herein.
Municipal Court No. 1 shall continue to hear all proceedings deemed essential by the state Office
of Court Administration, including search and arrest warrant requests, arraignments, criminal
magistration proceedings, and requests for temporary restraining orders.
4. Definitions:
a. For purposes of this Order, a "Community Gathering" is any indoor or outdoor
event or convening, subject to the exceptions and clarifications below, that brings together or is
likely to bring together one hundred (100) or more persons at the same time in a single room or
Page 1 of 3
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EXHIBIT "C"
other single confined or enclosed space, such as an auditorium, theater, stadium (indoor or
outdoor), arena or event center, meeting hall, conference center, large cafeteria, gymnasium, or
any other confined space.
b. For purposes of clarity, a "Community Gathering" does not include the following so long
as visitors are generally not within arm's length of one another for extended periods:
1. spaces where persons may be in transit or waiting for transit, such as airports, bus
stations, or terminals;
11. office space or residential buildings;
111. grocery stores, shopping malls, or other retail establishments where large numbers
of people are present, but it is unusual for them to be within arm's length of one
another for extended periods, though the City of Denton strongly urges said
businesses to enforce social distancing of six ( 6) feet or more in line or queue areas;
1v. hospitals, medical facilities, and shelters; and
v. jails and detention facilities.
c. Specifically excluded from the definition of "Community Gathering" is the following:
1. gathering of people in multiple, separate enclosed spaces in a single building, such
as a multiplex movie theater, school, church, or office building, so long as 100
people are not present in any single space at the same time;
ii. the use of enclosed spaces where 100 or more people may be present at different
times during the day, so long as 100 or more people are not present in the space at
the same time; and
111. places of employment not otherwise generally open to the public.
5. The City of Denton strongly urges restaurants and bars within the City to limit occupancy
to fifty percent (50%) or less than permitted by the restaurant or bar's Certificate of Occupancy.
6. All City of Denton utility non-payment shut offs are suspended during the term of this
Order.
7. The City Manager is given authority to expend up to $50,000.00 as funding to the United
Way of Denton County to assist individuals and families living in the City of Denton, who have
experienced income or job loss directly resulting from COVID-19, in eviction avoidance.
8. This Order shall be effective until 11 :59 p.m. on Thursday, April 30, 2020, or until it is
either rescinded, superseded, or amended pursuant to applicable law.
9. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby
ordered:
a. All City Committee, Commission, and Board meetings are suspended through the
term of this order, with the exception of the Planning and Zoning Commission,
which shall meet only to consider applications subject to state law-imposed
deadlines;
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EXHIBIT "C"
b. City Council meetings shall be rescheduled as posted and may be conducted in
accordance with alternate measures as permitted by law;
c. Only electronic purchasing submissions shall be accepted;
d. No development applications, variance applications, certificate of appropriateness
applications, or administrative appeals requiring approval from the Planning and
Zoning Commission, Zoning Board of Adjustment, Historic Landmark
Commissions, or the City Council shall be accepted for the term of this Order;
e. The City Manager or his designee is authorized to make application for local, state,
and federal assistance as necessary and/or applicable;
f. The City Manager or his designee is authorized to accept on behalf of the City
services, gifts, grants, equipment, supplies, and/or materials whether from private,
nonprofit, or government sources;
g. The City Manager or his designee is authorized to terminate or suspend any event
that is or may negatively impact the health, safety, and welfare of persons within
the City; and
h. The City Manager is authorized to approve individual purchases up to $500,000.00
for general expenditures, which includes: fees, professional services, personal
services, and other categories exempted from the bid process by the Local
Government Code Section 252.022.
10. Copies of this Order shall be promptly provided to the City Secretary for filing and posting
on the City's website and in other conspicuous places.
ANCE NO. 20-721.
Mayor ris Watts
City of Denton
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S:\Legal\Emergency Management\Amending Order of Council Ordinance -Draft -Post IC.docx
ORDINANCE NO. 20-7 40
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AMENDING THE ORDER OF COUNCIL OF THE CITY OF DENTON
ISSUED MARCH 17, 2020 APPROVED BY ORDINANCE NO. 20-721; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, beginning in December 2019, a novel corona virus, now designated SARS-
Co V2 which causes the disease COVID-19, has spread throughout the world and has now been
declared a global pandemic by the World Health Organization; and
WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath,
and in some cases the virus has caused death; and
WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently
increasing daily; and
WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its
spread throughout the City of Denton and Denton County, including the limitation of community
gatherings and requiring individuals, groups of individuals, or property to be subject to additional
measures that prevent or control the spread of disease; and
WHEREAS, the State Office of Court Administration, in consultation with the Supreme
Court, Court of Criminal Appeals, and Regional Judges, has provided guidance recommending
postponement of all non-essential court proceedings, minimizing staff, and taking all other
appropriate measures to prevent the spread of disease; and
WHEREAS, the Mayor of the City of Denton has determined that extraordinary measures
must be taken by temporarily limiting the number of persons allowed to convene in a single
location; temporarily closing City buildings, facilities, and limiting certain uses thereof;
temporarily postponing all non-essential municipal court proceedings; providing resources to
prevent eviction due to CO VID-19 impact; and temporarily suspending all City utility shut-offs to
residential customers; and
WHEREAS, on March 13, 2020, the Mayor executed a "Declaration of Local Disaster for
Public Health Emergency" and an "Order of the Mayor of the City of Denton" pursuant to the
Declaration; and
WHEREAS, fmding it in the best interest of the citizens of Denton, on March 17, 2020,
the City Council, through Ordinance No. 20-721, extended the Declaration of Emergency through
April 30, 2020 and issued an Order of the Council of the City of Denton, attached thereto as Exhibit
"C," including the authorization to expend no more than Five Hundred Fifty Thousand Dollars
($550,000.00) during this period to proceed with the necessary emergency responses and essential
functions not already budgeted; and
159
S:\Legal\Emergency Management\Amending Order of Council Ordinance -Draft -Post IC.docx
WHEREAS, City of Denton Code of Ordinances Section 9-54(b) provides for penalties for
violation of proclamations of emergency and any rule, regulation, or order issued pursuant to such
proclamation and Chapter 9 of the City of Denton Code of Ordinances; and
WHEREAS, information about COVID-19 continues to evolve and measures must be
taken to respond to the latest information available; and
WHEREAS, following updated information on the spread of COVID-19, the City Council
finds it is in the public interest to amend the Order of Council passed March 17, 2020; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The facts, circumstances, and recitations contained in the preamble of this
Ordinance are found and declared to be true and correct, and are incorporated herein by reference
as if fully set out herein.
SECTION 2. The Order of Council of the City of Denton, issued March 17, 2020, is
hereby amended as shown in the attached Exhibit "A."
SECTION 3. The motion to approve this Ordinance was made b
seconded by:;&J s,??.f#u~ ; the Ordinance was passed and a
vote r5 -c:2.J :
Abstain
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:
PASSEDANDAPPROVEDthisthe d/J &{ dayof ~~
:s and
roved by the following
Absent
, 2020.
CHRIS WATTS, MAYOR
160
S:\Legal\Emergency Management\Amending Order of Council Ordinance -Draft -Post IC.docx
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
161
EXHIBIT "A"
FIRST AMENDED ORDER OF THE
COUNCIL OF THE CITY OF DENTON
DATE ISSUED: MARCH 20, 2020
Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted
through person to person contact, especially in group settings, and it is essential that the spread of
the virus be slowed to protect the ability of public and private health care providers to handle the
influx of new patients and safeguard public health and safety. Because of the risk of the rapid
spread of the virus, the need to protect the most vulnerable members of the community, this Order
closes certain City buildings and limits non-essential services or uses. This order prohibits
community gatherings of fifty (50) persons or more within the City of Denton beginning at 12:01
a.m. on March 21, 2020, and continuing through 11 :59 p.m. on April 30, 2020, as defined below.
It also prohibits social gatherings of more than ten (10) people within the City of Denton beginning
at 12:01 a.m. on March 21 , 2020 and continuing through the duration of Governor Greg Abbott's
Executive Order GA 08, signed March 19, 2020. The City of Denton strongly recommends
following the social distancing protocols promulgated by the Centers for Disease Control and
Prevention (CDC). Additionally, the City of Denton urges all individuals to avoid gatherings of
more than ten (10) people and high-risk individuals, as defined by the CDC, to cancel, reschedule,
or not attend any gatherings during this time.
PURSUANT TO THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF
ORDINANCES AND SECTION 416.108 OF THE TEXAS GOVERNMENT CODE, CITY
OF DENTON COUNCIL HEREBY ORDERS:
1. Effective as of 12:01 a.m. on Saturday, March 21, 2020, all public or private Social
Gatherings (as defined in Section 4 below) are prohibited anywhere in the City of Denton pursuant
to Executive Order GA 08, signed by Governor Greg Abbott on March 19, 2020, for the duration
of the Executive Order, as may be amended. Further, all public or private Community Gatherings
(as defined in Section 4 below) are prohibited anywhere in the City of Denton until 11 :59 p.m. on
Thursday, April 30, 2020, consistent with the Executive Order of the Denton County Judge, signed
by Judge Andy Eads on March 18, 2020.
2. The City of Denton strongly urges all individuals to avoid any gatherings of more than ten
(10) people. Further, individuals in high-risk populations, as defined by the CDC should avoid all
gatherings. These recommendations are based on the social distancing practices promulgated by
the CDC as well as the "Implementation of Mitigation Strategies for Communities with Local
COVID-19 Transmission" issued by the CDC. The City of Denton urges people not to attend non-
essential gatherings during the duration of this Order in order to help slow down the spread of the
COVID-19 virus.
3. All non-essential court proceedings in Municipal Court No. 1 of the City of Denton are
postponed. All such proceedings will be rescheduled following the term of this Order. No fine,
penalty, or punishment shall issue against a party because of the postponement ordered herein.
Municipal Court No. 1 shall continue to hear all proceedings deemed essential by the state Office
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EXHIBIT "A"
of Court Administration, including search and arrest warrant requests, arraignments, criminal
magistration proceedings, and requests for temporary restraining orders.
4. Definitions:
a. For purposes of this Order, a "Community Gathering" is any indoor or outdoor event or
convening, subject to the exceptions and clarifications below, that brings together or is likely
to bring together fifty (50) or more persons at the same time in a single room or other single
confined or enclosed space, such as an auditorium, theater, stadium (indoor or outdoor),
arena or event center, meeting hall, conference center, large cafeteria, gymnasium, or any
other confined space.
b. For purposes of clarity, a "Community Gathering" does not include the following so long
as visitors are generally not within arm's length of one another for extended periods:
1. spaces where persons may be in transit or waiting for transit, such as airports, bus
stations, or terminals;
11. office space or residential buildings;
111. grocery stores, shopping malls, or other retail establishments where large numbers
of people are present, but it is unusual for them to be within arm's length of one
another for extended periods, though the City of Denton strongly urges said
businesses to enforce social distancing of six ( 6) feet or more in line or queue areas
and to clean self-service check-out machines between each customer;
1v. hospitals, medical facilities, and shelters; and
v. jails and detention facilities.
c. Specifically excluded from the definition of "Community Gathering" is the following:
1. gathering of people in multiple, separate enclosed spaces in a single building, such
as a school, church, or office building, so long as 50 people are not present in any
single space at the same time;
11. the use of enclosed spaces where 50 or more people may be present at different
times during the day, so long as 50 or more people are not present in the space at
the same time; and
111. places of employment not otherwise generally open to the public.
d. For purposes of this Order, a "Social Gathering" is any indoor or outdoor event or
convening, not previously included in the definition of Community Gathering, that brings
together or is likely to bring together more than ten (10) people at the same time. Social
gatherings include, but are not limited to, parties, backyard barbecues, social events,
sporting events, and other gatherings
5. Restaurants, microbreweries, micro-distilleries, and wineries within the City may only
provide take out, delivery, or drive-through services. Nothing herein should be construed to
authorize violation of Texas Penal Code Section 49.031 or the Texas Alcoholic Beverage Code.
6. Bars, lounges, taverns, motion picture and stage theaters, clubs, and gyms shall close.
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EXHIBIT "A"
7. All City of Denton utility non-payment shut offs are suspended during the term of this
Order.
8. The City Manager is given authority to expend up to $50,000.00 as funding to the United
Way of Denton County to assist individuals and families living in the City of Denton, who have
experienced income or job loss directly resulting from COVID-19, in eviction avoidance.
9. This Order shall be effective until 11 :59 p.m. on Thursday, April 30, 2020, or until it is
either rescinded, superseded, or amended pursuant to applicable law.
10. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby
ordered:
a. All City Committee, Commission, and Board meetings are suspended through the
term of this order, with the exception of the Planning and Zoning Commission,
which shall meet only to consider applications subject to state law-imposed
deadlines;
b. City Council meetings shall be rescheduled as posted and may be conducted in
accordance with alternate measures as permitted by law;
c. Only electronic purchasing submissions shall be accepted;
d. No development applications, variance applications, certificate of appropriateness
applications, or administrative appeals requiring approval from the Planning and
Zoning Commission, Zoning Board of Adjustment, Historic Landmark
Commissions, or the City Council shall be accepted for the term of this Order;
e. The City Manager or his designee is authorized to make application for local, state,
and federal assistance as necessary and/or applicable;
f. The City Manager or his designee is authorized to accept on behalf of the City
services, gifts, grants, equipment, supplies, and/or materials whether from private,
nonprofit, or government sources;
g. The City Manager or his designee is authorized to terminate or suspend any event
that is or may negatively impact the health, safety, and welfare of persons within
the City; and
h. The City Manager is authorized to approve individual purchases up to $500,000.00
for general expenditures, which includes: fees, professional services, personal
services, and other categories exempted from the bid process by the Local
Government Code Section 252.022.
11 . Copies of this Order shall be promptly provided to the City Secretary for filing and posting
on the City's website and in other conspicuous places.
IT IS SO ORDERED, PURSUANT TO ORDINANCE NO. _ __,;2=-:0:;....--=--7 4....:....;0==-----
Mayor Chris WV~,-------·
City of Denton
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SECOND DECLARATION OF LOCAL DISASTER
FOR PUBLIC HEAL TH EMERGENCY
DATE ISSUED: MARCH 24, 2020
WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS-Co V2
which causes the disease COVID-19, has spread throughout the world and has now been declared
a global pandemic by the World Health Organization; and
WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath, and in
some cases the virus has caused death; and
WHEREAS, the COVID-19 virus mainly spreads between people who are in close contact with
one another through respiratory droplets produced when an infected person coughs or sneezes; and
WHEREAS, the continued worldwide spread of COVID-19 presents an imminent threat of
widespread illness, which requires emergency action for the protection of the people of the City of
Denton; and
WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently
increasing daily with 200 positive or presumed positive cases across North Texas; and
WHEREAS, since the original Declaration issued by the Mayor on March 13, 2020, there have
been eight (8) positive COVID-19 cases in the City of Denton, with six of those being confirmed
on Sunday, March 22, 2020; and
WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread
throughout the City of Denton, including the limitation of all gatherings to no more than ten (10)
people; and
WHEREAS, this Order continues the activation of the City of Denton Emergency Management
Plan; and
WHEREAS, the Mayor issued a Declaration of Local Disaster due to Public Health Emergency
on March 13, 2020, which was renewed and amended by the Denton City Council on March 17,
2020 (Ordinance No. 20-721) and March 20, 2020 (Ordinance No. 20-740). Now the Mayor issues
this Second Declaration of Local Disaster for Public Health Emergency to implement additional
measures to ensure the protection of the residents of the City of Denton, Texas.
NOW, THEREFORE, BE IT DECLARED BY THE MAYOR OF THE CITY OF DENTON:
1. This Second Declaration of Local Disaster for Public Health Emergency is hereby declared
and shall continue for a period of not more than seven (7) days from 11 :59 p.m., March 25, 2020
unless continued or renewed by the Denton City Council.
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165
2. Pursuant to Texas Government Code Section 418.108( c) and Section 9-25 of the City of
Denton Code of Ordinances, this Second Declaration of Local State of Disaster for Public Health
Emergency shall be given prompt and general publicity and shall be filed promptly with the City
Secretary.
3. Pursuant to Section 418.108(d) of the Texas Government Code, this Second Declaration of
Local State of Disaster for Public Emergency continues the activation of the City of Denton
emergency management plan and grants the Mayor the powers set forth in Section 9-22 of the City
of Denton Code of Ordinances.
4. That this declaration shall take effect at 11 :59 p.m. on March 25, 2020.
DECLARED this t J---C/~f March, 2020.
City of Denton Mayor
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ORDER OF THE MAYOR OF THE CITY OF DENTON
DATE ISSUED: MARCH 24, 2020
Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted
through person to person contact, especially in group settings, and it is essential that the spread of
the virus be slowed to protect the ability of public and private health care providers to handle the
influx of new patients and safeguard public health and safety. As the number of positive cases of
COVID-19 continue to increase in the City of Denton, there is an immediate need to undertake the
following measures described in this Order. This Order amends the Order of the City Council
adopted on Friday, March 20, 2020 (Ordinance No. 20-740) for a period of not more than seven
(7) days, beginning at 11 :59 p.m. on Wednesday, March 25, 2020, and continuing through 11 :59
p.m. on Wednesday, April 1, 2020.
PURUSANT TO THE MAYORAL DECLARATION OF MARCH 24, 2020 AND THE
AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND
SECTION 416.108 OF THE TEXAS GOVERNMENT CODE, CITY OF DENTON
MAYOR CHRIS WATTS HEREBY ORDERS:
1. This Order pertaining to a Declaration of Local Disaster for Public Health Emergency,
originally enacted on March 13, 2020 and renewed by the City Council on March 17 and March
20, 2020, amends the Order of the City Council adopted on Friday, March 20, 2020 via Ordinance
No. 20-740 for a period of not more than seven (7) days, unless continued or renewed by the City
Council. The Order shall take effect at 11 :59 p.m. on Wednesday, March 25, 2020 and continue
through 11:59 p.m. on Wednesday, April 1, 2020.
2. Effective as of 11 :59 p.m. on March 25, 2020:
a. All individuals currently living within the City of Denton are ordered to STAY AT
HOME or their current place of residence. For the purposes of this Order,
residences include hotels, motels, shared rentals, and similar facilities. To the extent
individuals are using shared or outdoor spaces, they must at all times as reasonably
as possible maintain social distancing of at least six feet from any other person
when they are outside their residence. All persons may leave their residences only
for Essential Activities, travel to businesses outside of the City of Denton, provide
or perform Essential Governmental Functions, or to operate Essential Businesses,
all as defined in Section 3.
b. All businesses operating within the City of Denton, except Essential Businesses as
defined below in Section 3, are required to cease all activities at facilities located
within the City of Denton. For clarity, businesses may continue operations
consisting exclusively of employees or contractors performing activities at their
residences (i.e. working from home). To the greatest extent possible, all Essential
Businesses shall comply with the Social Distancing Guidelines attached, including
maintaining six-foot social distancing for both employees and the general public.
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c. All public or private gatherings of any number of people occurring outside a single
household or living unit are prohibited, except as otherwise provided herein.
Nothing in this Order prohibits the gathering of members of a household or living
unit (an apartment or house for use by one family).
d. Restaurants and beverage bars with or without drive-in or drive-through services
and microbreweries, micro-distilleries, or wineries may only provide take out,
delivery, or drive-through services as allowed by law.
e. Religious and worship services may only be provided by video and teleconference.
All individuals preparing for or conducting video or teleconference services must
follow the Social Distancing Guidelines including the six-foot social distancing.
f. All elective medical, surgical, and dental procedures are prohibited anywhere in the
City of Denton. Hospitals, ambulatory surgery centers, dental offices, and other
medical facilities are directed to identify procedures that are deemed "elective" by
assessing which procedures can be postponed or canceled based on patient risk
considering the emergency need for the redirection of resources to COVID-19
response.
3. Definitions:
a. For purposes of this Order, "Essential Business" means:
i. Essential Healthcare Operations. Healthcare operations, including hospitals,
clinics, dentists, pharmacies, pharmaceutical and biotechnology companies, other
healthcare facilities, healthcare suppliers, mental health providers, substance abuse
service providers, blood banks, medical research, laboratory services, or any related
and/or ancillary healthcare services. Home-based and residential-based care for
seniors, adults, or children are also considered healthcare operations. Healthcare
operations also includes veterinary care and all health and welfare services provided
to animals. This exemption shall be viewed broadly to avoid any impacts to the
delivery of healthcare. Healthcare operations do not include fitness and exercise
gyms and similar facilities. Healthcare operations do not include elective medical,
surgical, and dental procedures, pursuant to Section 2(f) of this Order.
ii. Essential Government Functions. All services provided by local governments
needed to ensure the continuing operation of the government agencies to provide
for the health, safety, and welfare of the public. Further, nothing in this order shall
prohibit any individual from performing or accessing "Essential Government
Functions." All Essential Government Functions shall be performed in compliance
with social distancing requirements of six feet, to the extent possible. State or
Federal government agencies shall follow State or Federal guidance to the extent
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possible.
iii. Essential Critical Infrastructure. Work necessary to the operations and
maintenance of the critical infrastructure sectors, including public works
construction, residential and commercial construction, airport operations, water,
sewer, gas, electrical, oil refining, roads and highways, public transportation, solid
waste collection and removal, internet and telecommunications systems (including
the provision of essential global, national, and local infrastructure for computing
services, business infrastructure, communications, and web-based services), banks,
financial institutions, pawn shops, safety and security related services, retail firearm
sales, defense and national security-related operations, essential manufacturing
operations provided that they carry out those services or that work in compliance
with social distancing requirements of six feet, to the extent possible. Essential
Businesses providing essential infrastructure should implement screening
precautions to protect employees, and all activity should be performed m
compliance with social distancing guidelines as set forth by the CDC.
iv. Essential Retail. Food service and household providers, including grocery stores,
warehouse stores, big-box stores, bodegas, liquor stores, gas stations and
convenience stores, and farmers' markets. Food cultivation, including farming,
hunting, fishing, and livestock, to the extent allowed by law. Businesses that ship
or deliver groceries, food, goods, or services directly to residences. Restaurants and
other facilities that prepare and serve food, but only for drive through, delivery, or
carry out. Schools and other entities that typically provide free services to students
or members of the public on a pick-up and take-away basis only. The restriction of
delivery or carry out does not apply to cafes and restaurants located within hospital
and medical facilities. Laundromats, dry cleaners, and laundry service providers.
Gas stations, auto-supply, auto and bicycle repair, hardware stores, construction
supply stores, and related facilities. Businesses that supply products needed for
people to work from home.
v. Providers of Basic Necessities to Economically Disadvantaged Populations.
Businesses, including but not limited to non-profit organizations, that provide food,
shelter, social services and support for said services, and other necessities of life
for economically disadvantaged or otherwise needy individuals.
v1. Essential Services Necessary to Maintain Essential Operations of Residences
or Other Essential Businesses. Trash and recycling collection, processing and
disposal, mail and shipping services, building cleaning, maintenance, and security,
warehouse/distribution and fulfillment, storage for essential businesses, funeral
homes, crematoriums and cemeteries. Plumbers, electricians, exterminators, and
other service providers who provide services that are necessary to maintain the
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safety, sanitation, and essential operations of residences, s and Essential
Businesses. Professional services, such as legal, accounting services, property
management, and real-estate services, RV sales and services for housing when
required to assist in compliance with legally mandated activities. Businesses that
supply products needed for people to work from home.
vii. News Media. Newspapers, television, radio, and other media services.
viii. Childcare Services. Childcare facilities providing services that enable employees
exempted in this order to work as permitted.
b. For purposes of this Order, "Essential Activities" is defined as the following:
1. To engage in activities or perform tasks essential to their health and safety, or to
the health and safety of their family or household members including pets and
livestock (for example, obtaining medical supplies or medication, visiting a health
care professional, or obtaining supplies need to work from home); and
11. To obtain necessary food, beverage, services, or supplies for themselves and their
family or household members, or to deliver those services or supplies to others (for
example, food, pet supply, and any other household consumer products, and
products necessary to maintain the safety, sanitation, and essential operation of
residences.
111. To engage in outdoor activity, provided the individuals comply with social
distancing requirements of six feet (for example, walking, biking, hiking, or
running). Use of public playground equipment is prohibited.
1v. To perform work providing essential products and services at an Essential
Business or to otherwise carry out activities specifically permitted in this Order.
v. To care for a family member or pet in another household.
4. Due to increased demand for bath or toilet tissue resulting from stock up buying and
individuals who purchase for resale, retail suppliers shall use common sense rationing of
household products and groceries that are in limited supply.
5. If someone in a household has tested positive for COVID-19, the household is ordered to
isolate at home. Members of the household cannot go to work, school, or any other community
function until cleared by a medical professional.
6. Nursing homes, retirement, and long-term care facilities are instructed to prohibit non-
essential visitors from accessing their facilities unless to provide critical assistance or for end-of-
life visitation.
7. This Order hereby authorizes the use of all lawfully available enforcement tools found in
Denton City Code, Chapter 9 (Emergency Management), state or federal laws.
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170
8. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby
ordered continued as set forth herein:
a. All City Committee, Commission, and Board meetings are suspended through the
term of this order, with the exception of the Planning and Zoning Commission,
which shall meet only to consider applications subject to state law-imposed
deadlines;
b. City Council meetings shall be rescheduled as posted and may be conducted in
accordance with alternate measures as permitted by law;
c. Only electronic purchasing submissions shall be accepted;
d. No development applications listed in Table 2.2-A in the Denton Development
Code shall be accepted for the term of this Order or any extension hereof;
e. The City Manager or his designee is authorized to make application for local, state,
and federal assistance as necessary and/or applicable;
f. The City Manager or his designee is authorized to accept on behalf of the City
services, gifts, grants, equipment, supplies, and/or materials whether from private,
nonprofit, or government sources;
g. The City Manager or his designee is authorized to terminate or suspend any event
that is or may negatively impact the health, safety, and welfare of persons within
the City;
h. The City Manager is authorized to approve individual purchases up to $500,000.00
for general expenditures, which includes: fees, professional services, personal
services, and other categories exempted from the bid process by the Local
Government Code Section 252.022;
1. All City of Denton utility non-payment shut offs are suspended during the term of
this Order and no penalties under Ordinances 19-2140, 19-2136, 19-2137, 19-2138,
or 18-1494 shall accrue during the pendency of this order or any extension hereof;
and
J. The City Manager is given authority to expend up to $50,000.00 as funding to the
United Way of Denton County to assist individuals and families living in the City
of Denton, who have experienced income or job loss directly resulting from
COVID-19, in eviction avoidance;
k. The City Manager is authorized to expend no more than an additional Five Hundred
Fifty Thousand Dollars ($550,000.00) during this period to proceed with the
necessary emergency responses and essential functions not already budgeted.
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171
9. Copies of this Order shall be promptly provided to the City Secretary for filing and posting
on the City's website and in other conspicuous places.
Mayor Chri Watts
City of Denton
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FILED IN THE OFRCE OF THEMarch31,2020 SECRETARY OF STATE
2i’t’4 O’CLOCK
12020
Secreary of StateTheHonorableRuthR.Hughs
Secretary of State
State Capitol Room lE.8
Austin,Texas 78701
Dear Secretary Hughs:
Pursuant to his powers as Governor of the State of Texas,Greg Abbott has issued the following:
Executive Order No.GA-14 relating to statewide continuity of essential services
and activities during the COVID-19 disaster.
The original executive order is attached to this letter of transmittal.
Respectfully submitted,
In8
Clerk to the Governor
GOVERNOR GREG ABBOTT
Attachment
POST OFFICE Box 12428 AUSTIN,TEXAS 78711 512-463-2000 (VOICE)DIAL 7-1-1 foR RELAY SERVICES
173
xrcufhir Irbir
BY THE
GOVERNOR OF THE STATE OF TEXAS
Executive Department
Austin,Texas
March 31,2020
EXECUTIVE ORDER
GA14
Relating to statewide continuity of essential services aizd activities
during the COVID-19 disaster.
WHEREAS,I,Greg Abbott,Governor of Texas,issued a disaster proclamation on March 13,
2020,certifying under Section 418.0 14 of the Texas Government Code that the novel
coronavirus (COVID-19)poses an imminent threat of disaster for all counties in the State of
Texas;and
WHEREAS,the Commissioner of the Texas Department of State Health Services (DSHS),Dr.
John Hellerstedt,has determined that COVID-19 represents a public health disaster within the
meaning of Chapter 81 of the Texas Health and Safety Code;and
WHEREAS.,I have issued numerous executive orders and suspensions of Texas laws in response
to the COVID-l9 disaster,aimed at protecting the health and safety of Texans and ensuring an
effective response to this disaster;and
WHEREAS,I issued Executive Order GA-08 on March 19,2020,mandating certain obligations
for Texans in accordance with the President’s Coronavirus Guidelines for America,as
promulgated by President Donald J.Trump and the Centers for Disease Control and Prevention
(CDC)on March 16,2020,which called upon Americans to take actions to slow the spread of
COVID-19 for 15 days;and
WHEREAS,Executive Order GA-08 is subject to expiration at 11:59 p.m.on April 3,2020,
absent further action by the governor;and
WHEREAS,on March 29,2020,to avoid scenarios that could lead to hundreds of thousands of
deaths,the President announced that,based on advice from Dr.Anthony Fauci and Dr.Deborah
Birx,the restrictive social-distancing Guidelines should extend through April 30,2020;and
WHEREAS,DSHS Commissioner Dr.Hellerstedt and White House Coronavirus Response
Coordinator Dr.Birx say that the spread of COVID-19 can be reduced by minimizing social
gatherings;,and
WHEREAS,on March 28,2020,the U.S.Department of Homeland Security issued its Guidance
on the Essential Critical Infrastructure Workforce,Version 2.0,which provides an advisory list
of critical-infrastructure sectors,workers,and functions that should continue during the COVID
19 response;and
WHEREAS,for state agencies and their employees and agents,the Office of the Attorney
General of Texas has advised that local restrictions issued in response to the COVD-19 disaster
do not apply to restrict the conduct of state business;and
FILED IN ‘r O-UF THESECRETARYOFSTATE
2.tfr\O’CLOCK
MAR 3 1 2020
174
Governor Greg Abbott Executive Order GA-14
March 31,2020 Page 2
WHEREAS,all government entities and businesses should be allowed to continue providing
essential services during the COVID-19 disaster,and all critical infrastructure should be allowed
to remain operational;and
WHEREAS,the “governor is responsible for meeting ...the dangers to the state and people
presented by disasters”under Section 418.011 ofthe Texas Government Code,and the
legislature has given the governor broad authority to fulfill that responsibility;and
WHEREAS,under Section 418.0 12,the “governor may issue executive orders ...hav[ing]the
force and effect of law;”and
WHEREAS,under Section 418.016(a),the “governor may suspend the provisions of any
regulatory statute prescribing the procedures for conduct of state business ...if strict
compliance with the provisions ...would in any way prevent,hinder,or delay necessary action
in coping with a disaster;”and
WHEREAS,under Section 418.017(a),the “governor may use all available resources of state
government and of political subdivisions that are reasonably necessary to cope with a disaster;”
and
WHEREAS,under Section 4 18.018(c),the “governor may control ingress and egress to and from
a disaster area and the movement of persons and the occupancy of premises in the area;”and
WHEREAS,under Section 418.173,failure to comply with any executive order issued during the
COVD-19 disaster is an offense punishable by a fine not to exceed $1,000,confinement in jail
for a term not to exceed 180 days,or both fine and confinement.
NOW,THEREFORE,I,Greg Abbott,Governor of Texas,by virtue of the power and authority
vested in me by the Constitution and laws of the State of Texas,do hereby order the following on
a statewide basis effective 12:01 a.m.on April 2,2020,and continuing through April 30,2020,
subject to extension based on the status of COVLD-19 in Texas and the recommendations of the
CDC and the White House Coronavirus Task Force:
In accordance with guidance from DSHS Commissioner Dr.Hellerstedt,and to achieve
the goals established by the President to reduce the spread of COVD-19,every person in
Texas shall,except where necessary to provide or obtain essential services,minimize
social gatherings and minimize in-person contact with people who are not in the same
household.
“Essential services”shall consist of everything listed by the U.S.Department of
Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce,
Version 2.0,plus religious services conducted in churches,congregations,and houses of
worship.Other essential services may be added to this list with the approval of the Texas
Division of Emergency Management (TDEM).TDEM shall maintain an online list of
essential services,as specified in this executive order and in any approved additions.
Requests for additions should be directed to TDEM at EssentialServices@tdem.texas.gov
or by visiting www.tdem.texas.gov/essentialservices.
In providing or obtaining essential services,people and businesses should follow the
Guidelines from the President and the CDC by practicing good hygiene,environmental
cleanliness,and sanitation,implementing social distancing,and working from home if
possible.In particular,all services should be provided through remote telework from
FILED IN THE OFFiCE OP ‘FSECRETARYOFSTATE
—2FM O1CLOcK
MAR 372020
175
Governor Greg Abbott Executive Order GA-14
March 31,2020 Page 3
home unless they are essential services that cannot be provided through remote telework.
If religious services cannot be conducted from home or through remote services,they
should be conducted consistent with the Guidelines from the President and the CDC by
practicing good hygiene,environmental cleanliness,and sanitation,and by implementing
social distancing to prevent the spread of COVID-19.
In accordance with the Guidelines from the President and the CDC,people shall avoid
eating or drinking at bars,restaurants,and food courts,or visiting gyms,massage
establishments,tattoo studios,piercing studios,or cosmetology salons;provided,
however,that the use of drive-thru,pickup,or delivery options for food and drinks is
allowed and highly encouraged throughout the limited duration of this executive order.
This executive order does not prohibit people from accessing essential services or
engaging in essential daily activities,such as going to the grocery store or gas station,
providing or obtaining other essential services,visiting parks,hunting or fishing,or
engaging in physical activity like jogging or bicycling,so long as the necessary
precautions are maintained to reduce the transmission of COVID-19 and to minimize in-
person contact with people who are not in the same household.
In accordance with the Guidelines from the President and the CDC,people shall not visit
nursing homes,state supported living centers,assisted living facilities,or long-term care
facilities unless to provide critical assistance as determined through guidance from the
Texas Health and Human Services Commission.
In accordance with the Guidelines from the President and the CDC,schools shall remain
temporarily closed to in-person classroom attendance and shall not recommence before
May 4,2020.
This executive order shall supersede any conflicting order issued by local officials in
response to the COVD-19 disaster,but only to the extent that such a local order restricts
essential services allowed by this executive order or allows gatherings prohibited by this
executive order.I hereby suspend Sections 418.1015(b)and 418.108 of the Texas
Government Code,Chapter 81,Subchapter E of the Texas Health and Safety Code,and
any other relevant statutes,to the extent necessary to ensure that local officials do not
impose restrictions inconsistent with this executive order,provided that local officials
may enforce this executive order as well as local restrictions that are consistent with this
executive order.
Given under my hand this the 31st day of
March,2020.
FILED IN THE OFFICE OF THE
SECRETARY OF STATE
2 1’M O’CLOCK
MAR 31 2020
This executive order supersedes Executive Order GA-08,but not Executive Orders GA-09,GA-
10,GA-li,GA-12,or GA-13,and shall remain in effect and in full force until April 30,2020,
unless it is modified,amended,rescinded,or superseded by the governor.
GREG ABBOTT
Governor
176
Governor Greg Abbott Executive Order GA-14
March 31,2020 Page 4
ATTESTED BY:
(RUTH R.HUGHS
Secretary of State
FILED IN THE OFFCE OF THESECRETARYOFSTATE
2.?!4 O’CLOCK
MAR 3;2020
177
ORDINANCE NO. 20-812
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, SUPERSEDING AND REPLACING THE ORDER OF COUNCIL OF THE
CITY OF DENTON ISSUED MARCH 20, 2020 APPROVED BY ORDINANCE 20-740;
CONFIRMING AND AUTHORIZING THE EXPENDITURE OF FUNDS; PROVIDING A
REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS-
CoV2 which causes the disease COVID-19, has spread throughout the world and has now been
declared a global pandemic by the World Health Organization; and
WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath,
and in some cases the virus has caused death; and
WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently
increasing daily; and
WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its
spread throughout the City of Denton and Denton County, including the limitation of community
gatherings and requiring individuals, groups of individuals, or property to be subject to additional
measures that prevent or control the spread of disease; and
WHEREAS, the State Office of Court Administration, in consultation with the Supreme
Court, Court of Criminal Appeals, and Regional Judges, has provided guidance recommending
postponement of all non-essential court proceedings, minimizing staff, and taking all other
appropriate measures to prevent the spread of disease; and
WHEREAS, the Mayor of the City of Denton determined that extraordinary measures must
be taken by temporarily limiting the number of persons allowed to convene in a single location;
temporarily closing City buildings, facilities, and limiting certain uses thereof; temporarily
postponing all non-essential municipal court proceedings; providing resources to prevent eviction
due to COVID-19 impact; and temporarily suspending all City utility shut-offs to residential
customers; and
WHEREAS, on March 13, 2020, the Mayor executed a "Declaration of Local Disaster for
Public Health Emergency" and an "Order of the Mayor of the City of Denton" pursuant to the
Declaration; and
WHEREAS, finding it in the best interest of the citizens of Denton, on March 17, 2020,
the City Council, through Ordinance No. 20-721, extended the Declaration of Emergency through
April 30, 2020 and issued an Order of the Council of the City of Denton, attached thereto as Exhibit
"C," including the authorization to expend no more than Five Hundred Fifty Thousand Dollars
($550,000.00) during this period to proceed with the necessary emergency responses and essential
functions not already budgeted; and
178
WHEREAS, City of Denton Code of Ordinances Section 9-54(b) provides for penalties for
violation of proclamations of emergency and any rule, regulation, or order issued pursuant to such
proclamation and Chapter 9 of the City of Denton Code of Ordinances; and
WHEREAS, information about COVID-19 continues to evolve and measures must be
taken to respond to the latest information available; and
WHEREAS, following updated information on the spread of COVID-19, the City Council
amended the Order of Council on March 20, 2020; and
WHEREAS, as COVID-19 continued to spread throughout the City and County of Denton,
the Mayor issued a Second Declaration of Local Disaster on March 24, 2020, attached hereto as
Exhibit "A," and an "Order of the Mayor of the City of Denton" pursuant to the Second
Declaration, attached hereto as Exhibit "B," extending measures in an attempt to slow the spread
of the disease; and
WHEREAS, Governor Greg Abbott issued Executive Order GA-14 on March 31 , 2020,
further limiting public gatherings and defining which "essential services" were to continue during
the declared state-wide emergency; and
WHEREAS, GA-14 expressly preempts local ordinances, declarations, and orders in
conflict with it; and
WHEREAS, the City Council finds that it is in the best interest of the citizens of the City
of Denton to, in compliance and to be consistent with GA-14, supersede and replace the prior
orders of Council dated March 17, 2020 and March 20, 2020, confirming the expenditure of funds;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The facts, circumstances, and recitations contained in the preamble of this
Ordinance are found and declared to be true and correct, and are incorporated herein by reference
as if fully set out herein.
SECTION 2. The Council hereby adopts the Order of Council, dated April 6, 2020,
attached hereto as Exhibit "A."
SECTION 3. It is Council's intent that this Ordinance and the Order of Council attached
hereto supersede and replace the prior Orders of Council, passed March 1 7, 2020 through
Ordinance 20-420 and March 20, 2020 through Ordinance 20-740. To the extent those Orders
conflict with the Order herein passed, they are repealed.
SECTION 4. The City Council confirms the expenditure authority previously granted to
the City Manager and authorizes additional amounts, as further specified in Exhibit "A."
SECTION 5. The City Manager is authorized to (i) execute an Amendment to the United
Way of Denton County Inc. Barriers Fund Memorandum of Understanding, evidencing Council's
intent to remove the match obligation and agreeing to provide the full amount of the funds previously
budgeted to this Fund for the prevention and diversion of homelessness and (ii) carry out all duties
179
and obligations of the City pursuant to the Memorandum of Understanding as amended, including
but not limited to the expenditure of funds.
SECTION 6. The motion to approve this Ordinance was made by ~ /.),vt s:: and
seconded by ~A«2 4m2 ; the Ordinance was passed and app ~d by'the following
vote ~-_L_J :
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 /4~ day of ~',/ , 2020.
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
180
EXHIBIT A
SECOND ORDER OF THE COUNCIL
OF THE CITY OF DENTON
DATE ISSUED: APRIL 6, 2020
Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted
through person to person contact, especially in group settings, and it is essential that the spread of
the virus be slowed to protect the ability of public and private health care providers to handle the
influx of new patients and safeguard public health and safety. As the number of positive cases of
COVID-19 continue to increase in the City of Denton, there is an immediate need to undertake the
following measures described in this Order. This Order supersedes and replaces the Order of the
City Council adopted on Friday, March 20, 2020 (Ordinance No. 20-740).
PURSUANT TO THE PRIOR DECLARATION EXTENDED BY COUNCIL ON MARCH
17, 2020 AND THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF
ORDINANCES AND SECTION 418.108 OF THE TEXAS GOVERNMENT CODE, THE
COUNCIL OF THE CITY OF DENTON HEREBY ORDERS:
1. This Order pertaining to a Declaration of Local Disaster for Public Health Emergency,
originally enacted by the Mayor on March 13, 2020 and extended by Council pursuant to
ordinance, supersedes and replaces the prior Orders of the Mayor and of Council. The Order shall
take effect at 11 :59 p.m. on April 6, 2020 and continue through 11 :59 p.m. on April 30, 2020.
2. Effective as of 11 :59 p.m. on April 6, 2020:
a. All individuals currently living within the City of Denton are ordered to STAY AT
HOME or their current place of residence. For the purposes of this Order, residences
include hotels, motels, shared rentals, and similar facilities. To the extent individuals are
using shared or outdoor spaces, they must at all times as reasonably as possible maintain
social distancing of at least six feet from any other person when they are outside their
residence. All persons may leave their residences 6ply for Essential Activities, travel to
businesses outside of the City of Denton, provi'de: ot:'-peiform Essential Governmental
Functions, or to operate Essential Businesses, all as--~efin~d in Section 3.
:.,,.i··· -_:,
b. All businesses operating within the City of Denton, except Essential Businesses as
defined below in Section 3, are required to cease all activities at facilities located within
the City of Denton. For clarity, businesses may continue operations consisting
exclusively of employees or contractors performing activities at their residences (i.e.
working from home). To the greatest extent possible, all Essential Businesses shall
comply with the Social Distancing Guidelines promulgated by the United States Centers
for Disease Control and Prevention (CDC), including maintaining six-foot social
distancing for both employees and the general public. All golf courses within the City of
Denton shall be closed.
c. All public or private gatherings of any number of people occurring outside a single
household or living unit are prohibited, except as otherwise provided herein. Nothing in
181
this Order prohibits the gathering of members of a household or living unit ( an apartment
or house for use by one family).
d. Restaurants and beverage bars with or without drive-in or drive-through services and
microbreweries, micro-distilleries, or wineries may only provide take out, delivery, or
drive-through services as allowed by law.
e. If religious services cannot be conducted from home or through remote services, they
should be conducted consistent with the Guidelines from the President and the CDC by
practicing good hygiene, environmental cleanliness, and sanitation, and by implementing
social distancing to prevent the spread of COVID-19.
f. All elective medical, surgical, and dental procedures are prohibited anywhere in the City
of Denton. Hospitals, ambulatory surgery centers, dental offices, and other medical
facilities shall postpone all surgeries and procedures that are not immediately medically
necessary to correct a serious medical condition of, or to preserve the life of, a patient
who without immediate performance of the surgery or procedure would be at risk for
serious adverse medical consequences or death, as determined by the patient's physician.
3. Definitions:
a. For purposes of this Order, "Essential Business" shall mean businesses offering
"Essential Services," as that term is defined in Gubernatorial Executive Order GA-14,
issued March 31, 2020, and the National Cybersecurity and Infrastructure Agency
(CISA) Memorandum of Essential Critical Infrastructure document version 2.0 dated
March 28, 2020 or as either may be further amended, and as further expanded by the
Texas Department of Emergency Management or the Department of Homeland Security.
b. For purposes of this Order, "Essential Activities" is defined as the following:
1. To engage in activities or perform tasks essential to their health and safety, or to
the health and safety of their family or household members including pets and
livestock (for example, obtaining medical supplies or medication, visiting a health
care professional, or obtaining supplies need to work from home), and attending
funeral services for an immediate family member; and
11. To obtain necessary food, beverage, services, or supplies for themselves and their
family or household members, or to deliver those services or supplies to others (for
example, food, pet supply, and any other household consumer products), and
products necessary to maintain the safety, sanitation, and essential operation of
residences.
111. To engage in outdoor activity, provided the individuals comply with social
distancing requirements of six feet (for example, walking, biking, hiking, or
running). Use of public playground equipment is prohibited.
Page 2 of 4
182
1v. To perform work providing essential products and services at an Essential
Business or to otherwise carry out activities specifically permitted in this Order.
v. To care for a family member or pet in another household.
4. If someone in a household has tested positive for COVID-19, the household is ordered to
isolate at home. Members of the household cannot go to work, school, or any other community
function until cleared by a medical professional.
5. Nursing homes, retirement, and long-term care facilities are instructed to prohibit non-
essential visitors from accessing their facilities unless to provide critical assistance or for end-of-
life visitation.
6. This Order hereby authorizes the use of all lawfully available enforcement tools found in
Denton City Code, Chapter 9 (Emergency Management), state laws and gubernatorial orders, or
federal laws.
7. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby
ordered continued as set forth herein:
a. All City Committee, Commission, and Board meetings are suspended through the term
of this order, with the exception of the Planning and Zoning Commission, which shall
meet only to consider applications subject to state law-imposed deadlines;
b. City Council meetings shall be rescheduled as posted and may be conducted m
accordance with alternate measures as permitted by law;
c. Only electronic purchasing submissions shall be accepted;
d. No development applications listed in Table 2.2-A in the Denton Development Code
shall be accepted for the term of this Order or any extension hereof;
e. The City Manager or his designee is authorized to make application for local, state, and
federal assistance as necessary and/or applicable;
f. The City Manager or his designee is authorized to accept on behalf of the City services,
gifts, grants, equipment, supplies, and/or materials whether from private, nonprofit, or
government sources;
g. The City Manager or his designee is authorized to terminate or suspend any event that is
or may negatively impact the health, safety, and welfare of persons within the City;
h. The City Manager is authorized to approve individual purchases and sign contracts up to
$500,000.00 for general expenditures already budgeted or authorized by Section 7(k) of
this Order;
Page 3 of 4
183
1. All City of Denton utility non-payment shut offs are suspended during the term of this
Order and no penalties for non-payment of utilities under Ordinances 19-2140, 19-2136,
19-2137, 19-2138, or 18-1494 shall accrue during the pendency of this order or any
extension hereof; and
J. The City Manager is given authority to expend an additional $50,000.00 to those
previously budgeted for a total of up to $100,000.00 as funding to the United Way of
Denton County to assist individuals and families living in the City of Denton, who have
experienced income or job loss directly resulting from COVID-19, in eviction avoidance;
k. The City Manager is authorized to expend no more than an additional Seven Hundred
Fifty Thousand Dollars ($750,000.00) from the general fund reserve balance during this
period to proceed with the necessary emergency responses and essential functions not
already budgeted.
I. The City Manager is authorized to expend no more than an additional Fifty Thousand
Dollars ($50,000.00) from the customer service fund reserve balance during this period
to increase utility assistance funding for FY 2019-2020 to One Hundred Seventy-Five
Thousand Dollars ($175,000.00).
m. All non-essential court proceedings in the Municipal Court No. 1 of the City of Denton
are postponed. All such proceedings will be rescheduled following the term of this Order.
No fine, penalty, or punishment shall issue against a party because of the postponement
ordered herein. Municipal Court No. l shall continue to hear all proceedings deemed
essential by the state Office of Court Administration, including search and arrest warrant
requests, arraignments, criminal magistration proceedings, and requests for temporary
restraining orders.
n, Due to increased demand for household products and groceries resulting from stock up
buying and individuals who purchase for resale, retail suppliers shall use common sense
rationing of household products and groceries that are in limited supply.
8. Copies ofthis Order shall be promptly provided to the City Secretary for filing and posting
on the City's website and in other conspicuous places.
I~UANTT~ORDINANCE NO.
Mayor ris Watts
20-812
City of Denton
Page 4 of 4
184
April 17,2020
GOVERNOR
The Honorable Ruth R.Hughs
Secretary of State
State Capitol Room IE.8
Austin,Texas 78701
Dear Secretary Hughs:
FILED IN THE OFFiCE OF THESECRETARYOFSTATE
LOCK
AP 1?2?O
Late
Pursuant to his powers as Governor of the State of Texas,Greg Abbott has issued the following:
Executive Order No.GA-16 relating to the safe,strategic reopening of select
services as the first step to Open Texas in response to the COVID-19 disaster.
The original executive order is attached to this letter of transmittal.
S
GREG ABBOTT
Respectfully submitted,
lerk to the Governor
;D/gsd
Attachment
POST OFFICE Box 12428 AUSTIN,TEXAS 78711 512-463-2000 (VoICE)DIAL 7-1-1 FOR RELAY SERvICEs
185
xicnthr iirbrr
BY THE
GOVERNOR OF THE STATE OF TEXAS
Executive Department
Austin,Texas
April 17,2020
EXECUTIVE ORDER
GA16
Relating to the safe,strategic reopening ofselect services as the first step to
Open Texas in response to tile COVID-19 disaster.
WHEREAS,I,Greg Abbott,Governor of Texas,issued a disaster proclamation on March
13,2020,certifying tinder Section 4 18.014 of the Texas Government Code that the novel
coronavirus (COVID-19)poses an imminent threat of disaster for all counties in the
State of Texas;and
WHEREAS,on April 12,2020,1 issued a proclamation renewing the disaster declaration
for all counties in Texas;and
WHEREAS,the Commissioner of the Texas Department of State Health Services
(DSHS),Dr.John Hellerstedt,has determined that COVID-19 represents a public health
disaster within the meaning of Chapter 81 of the Texas Health and Safety Code;and
WHEREAS,I have issued numerous executive orders and suspensions of Texas laws in
response to COVID-19,aimed at protecting the health and safety of Texans and ensuring
an effective response to this disaster;and
WHEREAS,I issued Executive Order GA-08 on March 19,2020,mandating certain
obligations for Texans in accordance with the President’s Coronavirus Guidelines for
America,as promulgated by President Donald J.Trump and the Centers for Disease
Control and Prevention (CDC)on March 16,2020,which called upon Americans to take
actions to slow the spread of COVID-19 for 15 days;and
WHEREAS,shortly before Executive Order GA-08 expired,I issued Executive Order
GA-14 on March 31,2020,based on the President’s announcement that the restrictive
social-distancing Guidelines should extend through April 30,2020,in light of advice
from Dr.Anthony Fauci and Dr.Deborah Birx,and also based on guidance by DSHS
Commissioner Dr.Hellerstedt and White House Coronavirus Response Coordinator Dr.
Birx that the spread of COVTD-19 can be reduced by minimizing social gatherings;and
WHEREAS,Executive Order GA-14 superseded Executive Order GA-08 and expanded
the social-distancing restrictions and other obligations for Texans that are aimed at
slowing the spread of COVLD-19,including by limiting social gatherings and in-person
contact with people (other than those in the same household)to providing or obtaining
“essential services,”and by expressly adopting the U.S.Department of Homeland
Security’s March 28,2020 Guidance on the Essential Critical Infrastructure Workforce,
Version 2.0,which provides a list of critical-infrastructure sectors,workers,and
functions that should continue as “essential services”during the COVTD-19 response;
and
FILED IN THE OFFICE OF THE
SECRETARY OF STATE
45AvV O’CLOCK
APR 1?2020 186
Goveritor Greg Abbott Execittive Order GA-16
April 17,2020 Page 2
WHEREAS,Executive Order GA-14 therefore restricts non-essential services during the
COVID-19 disaster;and
WHEREAS,although many lives have been saved because of social-distancing
restrictions like those required by Executive Order GA-14,more than 400 Texans have
lost their lives because of COVID-19,and the disease still presents a serious threat
across Texas that could persist in certain areas;and
WHEREAS,apart from the threats to health and safety,COVID-19 has also wrought
havoc on the many Texas businesses and workers affected by social-distancing
restrictions that were necessary to protect human life;and
WHEREAS,over one million unemployment claims have been filed during the COVID
19 disaster by conscientious Texans who want to get back to work as soon as it is safe to
do so;and
WHEREAS,Texas must protect lives while restoring livelihoods,both of which can be
achieved with the expert advice of medical professionals and business leaders;and
WHEREAS,today I am also issuing Executive Order GA-17,creating the Governor’s
Strike Force to Open Texas to study and make recommendations on safely and
strategically restarting and revitalizing all aspects of the Lone Star State—work,school,
entertainment,and culture;and
WHEREAS,the “governor is responsible for meeting ...the dangers to the state and
people presented by disasters”under Section 418.011 of the Texas Government Code,
and the legislature has given the governor broad authority to fulfill that responsibility;
and
WHEREAS,under Section 4 18.012,the “governor may issue executive orders
hav[ingj the force and effect of law;”and
WHEREAS,under Section 418.016(a),the “governor may suspend the provisions of any
regulatory statute prescribing the procedures for conduct of state business ...if strict
compliance with the provisions ...would in any way prevent,hinder,or delay necessary
action in coping with a disaster;”and
WHEREAS,under Section 418.017(a),the “governor may use all available resources of
state government and of political subdivisions that are reasonably necessary to cope with
a disaster;”and
WHEREAS,under Section 418.018(c),the “governor may control ingress and egress to
and from a disaster area and the movement of persons and the occupancy of premises in
the area;”and
WHEREAS,under Section 418.173,failure to comply with any executive order issued
during the COVID-19 disaster is an offense punishable by a fine not to exceed $1,000,
confinement in jail for a term not to exceed 180 days,or both fine and confinement.
NOW,THEREFORE,I,Greg Abbott,Governor of Texas,by virtue of the power and
authority vested in me by the Constitution and laws of the State of Texas,do hereby order
the following on a statewide basis effective immediately,and continuing through April
IL.D IN THE OFFICE OF THE
-SECRETARY OF STATE
45AJ..OCLOCK
APR 1?2020
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Governor Greg Abbott Executive Order GA-16
April 1 7,2020 Page 3
30,2020,subject to extension based on the status of COV1D-19 in Texas and the
recommendations of the CDC and the White House Coronavirus Task Force:
In accordance with guidance from DSHS Commissioner Dr.Hellerstedt,and to
achieve the goals established by the President to reduce the spread of COVID-19,
every person in Texas shall,except where necessary to provide or obtain essential
services or reopened services,minimize social gatherings and minimize in-person
contact with people who are not in the same household.
“Essential services”shall consist of everything listed by the U.S.Department of
Homeland Security (DHS)in its Guidance on the Essential Critical Infrastructure
Workforce,Version 2.0 or any subsequent version,plus religious services conducted
in churches,congregations,and houses of worship.Other essential services may be
added to this list with the approval of the Texas Division of Emergency Management
(TDEM).TDEM shall maintain an online list of essential services,as specified in
this executive order and any approved additions.Requests for additions should be
directed to TDEM at EssentialServices@tdem.texas.gov or by visiting
www.tdem.texas.gov/essentialservices.
“Reopened services”shall consist of:
•Starting at 12:01 a.m.on Friday,April 24,2020,retail services that are not
“essential services,”but that may be provided through pickup,delivery by mail,
or delivery to the customer’s doorstep in strict compliance with the terms
required by DSHS.The DSHS requirements may be found at
www.dshs.texas.gov/coronavirus.
•Such additional services as may be enumerated by future executive orders or
proclamations by the governor.
In providing or obtaining essential services or reopened services,people and
businesses should follow the Guidelines from the President and the CDC by
practicing good hygiene,environmental cleanliness,and sanitation,implementing
social distancing,and working from home if possible.In particular,all such services
should be provided through remote telework from home unless they cannot be
provided through remote telework.Religious services should be conducted in
accordance with the Guidelines for Houses of Worship During the COVID-19 Crisis,
as promulgated by the attorney general and governor.
In accordance with the Guidelines from the President and the CDC,people shall avoid
eating or drinking at bars,restaurants,and food courts,or visiting gyms,massage
establishments,tattoo studios,piercing studios,or cosmetology salons;provided,
however,that the use of drive-thru,pickup,or delivery options for food and drinks is
allowed and highly encouraged throughout the limited duration of this executive
order.
This executive order does not prohibit people from accessing essential or reopened
services or engaging in essential daily activities,such as going to the grocery store or
gas station,providing or obtaining other essential or reopened services,visiting parks,
hunting or fishing,or engaging in physical activity like jogging or bicycling,so long
as the necessary precautions are maintained to reduce the transmission of COVIB-19
and to minimize in-person contact with people who are not in the same household.
FILEDSECRETARY OF STATE
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APR 1?2020
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Governor Greg Abbott Executive Order GA-16
April 17,2020 Page 4
In accordance with the Guidelines from the President and the CDC,people shall not
visit nursing homes,state supported living centers,assisted living facilities,or long-
term care facilities unless to provide critical assistance as determined through
guidance from the Texas Health and Human Services Commission (HHSC).Nursing
homes,state supported living centers,assisted living facilities,and long-term care
facilities should follow infection control policies and practices set forth by the HHSC,
including minimizing the movement of staff between facilities whenever possible.
In accordance with the Guidelines from the President and the CDC,schools shall
remain temporarily closed to in-person classroom attendance by students and shall not
recommence before the end of the 2019-2020 school year.Public education teachers
and staff are encouraged to continue to work remotely from home if possible,but may
return to schools to conduct remote video instruction,as well as perform
administrative duties,under the strict terms required by the Texas Education Agency.
Private schools and institutions of higher education should establish similar terms to
allow teachers and staff to return to schools to conduct remote video instruction and
perform administrative duties when it is not possible to do so remotely from home.
This executive order shall supersede any conflicting order issued by local officials in
response to the COVD-19 disaster,but only to the extent that such a local order
restricts essential services or reopened services allowed by this executive order or
allows gatherings prohibited by this executive order.I hereby suspend Sections
418.10 15(b)and 418.10$of the Texas Government Code,Chapter 81,Subchapter E
of the Texas Health and Safety Code,and any other relevant statutes,to the extent
necessary to ensure that local officials do not impose restrictions inconsistent with
this executive order,provided that local officials may enforce this executive order as
well as local restrictions that are consistent with this executive order.
This executive order supersedes Executive Order GA-14,but does not supersede
Executive Orders GA-09,GA-b,GA-li,GA-12,GA-13,or GA-15.This executive
order shall remain in effect and in full force until 11:59 p.m.on April 30,2020,unless it
is modified,amended,rescinded,or superseded by the governor.
Given under my hand this the 17th
day of April,2020.
GREG ABBOTT
Governor
RUTH R.HUGHS
Secretary of State FILED IN THE OFFICE OF THE
SECRETARY OF STATE
f ‘45AV O’CLOCK
APR 172020
ATTESTED BY:
189
ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME–RULE MUNICIPAL
CORPORATION, EXTENDING THE EFFECTIVE PERIOD OF THE DECLARED STATE OF
LOCAL DISASTER; SUPERSEDING AND REPLACING THE SECOND ORDER OF
COUNCIL OF THE CITY OF DENTON ISSUED APRIL 6, 2020 APPROVED BY
ORDINANCE 20-812; CONFIRMING AND AUTHORIZING THE EXPENDITURE OF
FUNDS; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS-
CoV2 which causes the disease COVID-19, has spread throughout the world and has now been
declared a global pandemic by the World Health Organization; and
WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath,
and in some cases the virus has caused death; and
WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently
increasing daily; and
WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its
spread throughout the City of Denton and Denton County, including the limitation of community
gatherings and requiring individuals, groups of individuals, or property to be subject to additional
measures that prevent or control the spread of disease; and
WHEREAS, the State Office of Court Administration, in consultation with the Supreme
Court, Court of Criminal Appeals, and Regional Judges, has provided guidance recommending
postponement of all non-essential court proceedings, minimizing staff, and taking all other
appropriate measures to prevent the spread of disease; and
WHEREAS, the Mayor of the City of Denton determined that extraordinary measures must
be taken by temporarily limiting the number of persons allowed to convene in a single location;
temporarily closing City buildings, facilities, and limiting certain uses thereof; temporarily
postponing all non-essential municipal court proceedings; providing resources to prevent eviction
due to COVID-19 impact; and temporarily suspending all City utility shut-offs to residential
customers; and
WHEREAS, on March 13, 2020, the Mayor executed a “Declaration of Local Disaster for
Public Health Emergency” and an “Order of the Mayor of the City of Denton” pursuant to the
Declaration; and
WHEREAS, finding it in the best interest of the citizens of Denton, on March 17, 2020,
the City Council, through Ordinance No. 20-721, extended the Declaration of Emergency through
April 30, 2020 and issued an Order of the Council of the City of Denton, attached thereto as Exhibit
“C,” including the authorization to expend no more than Five Hundred Fifty Thousand Dollars
($550,000.00) during this period to proceed with the necessary emergency responses and essential
functions not already budgeted; and
190
WHEREAS, City of Denton Code of Ordinances Section 9-54(b) provides for penalties for
violation of proclamations of emergency and any rule, regulation, or order issued pursuant to such
proclamation and Chapter 9 of the City of Denton Code of Ordinances; and
WHEREAS, information about COVID-19 continues to evolve and measures must be
taken to respond to the latest information available; and
WHEREAS, following updated information on the spread of COVID-19, the City Council
amended the Order of Council on March 20, 2020; and
WHEREAS, as COVID-19 continued to spread throughout the City and County of Denton,
the Mayor issued a Second Declaration of Local Disaster on March 24, 2020, attached hereto as
Exhibit “A,” and an “Order of the Mayor of the City of Denton” pursuant to the Second
Declaration, attached hereto as Exhibit “B,” extending measures in an attempt to slow the spread
of the disease; and
WHEREAS, Governor Greg Abbott issued Executive Order GA-14 on March 31, 2020,
further limiting public gatherings and defining which “essential services” were to continue during
the declared state-wide emergency; and
WHEREAS, GA-14 expressly preempted local ordinances, declarations, and orders in
conflict with it; and
WHEREAS, in compliance and to be consistent with GA-14, the City Council passed a
Second Order of Council on April 6, 2020, superseding and replacing the prior orders of Council;
and
WHEREAS, Governor Abbott issued Executive Order GA-16 on April 17, 2020,
superseding GA-14, allowing retail stores to reopen under certain conditions and using certain
procedures; and
WHEREAS, on April 27, 2020, Governor Abbott issued Executive Order GA-18, further
ordering that people minimize social gatherings and in-person contact with people not in the same
household except where necessary to obtain essential or reopened services, and still expressly
preempting local ordinances, declarations, and orders in conflict with his orders; and
WHEREAS, on April 28, 2020, Denton County issued a new Disaster Declaration and
Executive Order of the Denton County Commissioners Court, which extended the emergency
declaration through May 15, 2020 and incorporated the provisions of GA-18 and the social
distancing guidelines promulgated by the Centers for Disease Control; and
WHEREAS, the City Council finds that it is in the best interest of the citizens of the City
of Denton to, in compliance and to be consistent with the Governor’s Executive Orders and the
County Orders, extend the effectiveness of the Declaration of Local Disaster until 11:59 p.m. May
31, 2020 and to extend thereafter as any subsequent proclamation renews the Texas Governor’s
disaster proclamation, and supersede and replace the Second Order of the Council of the City of
Denton dated April 6, 2020, confirming the expenditure of funds as previously authorized; NOW,
THEREFORE,
191
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The facts, circumstances, and recitations contained in the preamble of this
Ordinance are found and declared to be true and correct, and are incorporated herein by reference
as if fully set out herein.
SECTION 2. Pursuant to Section 218.108, Texas Government Code, and Section 9-27,
City of Denton Code of Ordinances, the effective period of Declaration of Local Disaster executed
by the Mayor on March 13, 2020 is extended until 11:59 p.m. on May 31, 2020 and shall be further
extended to the same date as any proclamation by the Governor of the State of Texas renewing the
original March 13, 2020 COVID-19 proclamation in the interest of public health and safety in an
attempt to prevent the spread of COVID-19, unless further extended, revised, or terminated by
law.
SECTION 3. The Council hereby adopts the Third Order of Council, dated April 30, 2020,
attached hereto as Exhibit “A.”
SECTION 4. It is Council’s intent that this Ordinance and the Order of Council attached
hereto supersede and replace the prior Orders of Council, passed March 17, 2020 through
Ordinance 20-420, March 20, 2020 through Ordinance 20-740, and April 6, 2020 through
Ordinance 20-812. To the extent those prior Orders conflict with the Order herein passed, they
are repealed.
SECTION 5. The City Council confirms the expenditure authority as further specified in
Exhibit “A,” including the authority previously granted to the City Manager to execute an
Amendment with the United Way of Denton County Inc. regarding funds previously budgeted for
the Barriers Fund.
SECTION 6. The motion to approve this Ordinance was made by _______________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 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.
192
__________________________________
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: __________________________________
193
EXHIBIT A
THIRD ORDER OF THE COUNCIL
OF THE CITY OF DENTON
DATE ISSUED: APRIL 30, 2020
Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted
through person to person contact, especially in group settings, and it is essential that the spread of
the virus be slowed to protect the ability of public and private health care providers to handle the
influx of new patients and safeguard public health and safety. As the number of positive cases of
COVID-19 continue to increase in the City of Denton, there is an immediate need to undertake the
following measures described in this Order. This Order supersedes and replaces the Second Order
of the City Council adopted on Monday, April 6, 2020 (Ordinance No. 20-812).
PURSUANT TO THE PRIOR DECLARATION EXTENDED BY COUNCIL ON APRIL
30, 2020 AND THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF
ORDINANCES AND SECTION 418.108 OF THE TEXAS GOVERNMENT CODE, THE
COUNCIL OF THE CITY OF DENTON HEREBY ORDERS:
1. This Order pertaining to a Declaration of Local Disaster for Public Health Emergency,
originally enacted by the Mayor on March 13, 2020 and extended by Council pursuant to
ordinance, supersedes and replaces the prior Orders of the Mayor and of Council. The Order shall
take effect at 11:59 p.m. on April 30, 2020 and continue through 11:59 p.m. on May 15, 2020.
2. Effective as of 11:59 p.m. on April 30, 2020:
a. It is recommended that all individuals currently living within the City of Denton STAY
AT HOME or their current place of residence. For the purposes of this Order, residences
include hotels, motels, shared rentals, and similar facilities. To the extent individuals are
using shared or outdoor spaces, they must at all times as reasonably as possible maintain
social distancing of at least six feet from any other person when they are outside their
residence.
b. All businesses operating within the City of Denton shall abide by the regulations set out
in Gubernatorial Executive Order GA-18, signed by Governor Abbott on April 27, 2020,
as may be further amended. The restrictions and prohibitions of GA-18 are incorporated
herein by reference as if set out fully herein. To the greatest extent possible, all essential
businesses and reopened services shall comply with the Social Distancing Guidelines
promulgated by the United States Centers for Disease Control and Prevention (CDC),
including maintaining six-foot social distancing for both employees and the general
public.
c. All elective medical, surgical, and dental procedures shall comply with the requirements
of Gubernatorial Executive Order GA-19, as may be amended.
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3. This Order hereby authorizes the use of all lawfully available enforcement tools found in
Denton City Code, Chapter 9 (Emergency Management), state laws and gubernatorial orders, or
federal laws.
4. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby
ordered continued as set forth herein:
a. All City Committee, Commission, and Board meetings are suspended through the term
of this order, with the following exceptions:
i. The Planning and Zoning Commission shall meet no more than twice per month
and only to consider applications subject to state law-imposed deadlines;
ii. The Public Utilities Board shall meet no more than twice per month;
iii. The Civil Service Commission shall meet as needed; and
iii. Other boards and commissions shall meet only as necessary to consider time-
sensitive items critical for the continued operation of the City and provision of
services to the public.
b. City Council meetings shall be rescheduled as posted and may be conducted in
accordance with alternate measures as permitted by law;
c. Only electronic purchasing submissions shall be accepted;
d. No development applications listed in Table 2.2-A in the Denton Development Code
shall be accepted for the term of this Order or any extension hereof;
e. The City Manager or his designee is authorized to make application for local, state, and
federal assistance as necessary and/or applicable;
f. The City Manager or his designee is authorized to accept on behalf of the City services,
gifts, grants, equipment, supplies, and/or materials whether from private, nonprofit, or
government sources;
g. The City Manager or his designee is authorized to terminate or suspend any event that is
or may negatively impact the health, safety, and welfare of persons within the City;
h. The City Manager is authorized to approve individual purchases and sign contracts up to
$500,000.00 for general expenditures already budgeted or authorized by Section 7(k) of
this Order;
i. All City of Denton utility non-payment shut offs are suspended during the term of this
Order and no penalties for non-payment of utilities under Ordinances 19-2140, 19-2136,
19-2137, 19-2138, or 18-1494 shall accrue during the pendency of this order or any
extension hereof; and
j. The City Manager is given authority to expend those previously budgeted funds of up to
$100,000.00 as funding to the United Way of Denton County to assist individuals and
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families living in the City of Denton, who have experienced income or job loss directly
resulting from COVID-19, in eviction avoidance;
k. The City Manager is authorized to expend no more than Nine Hundred Fifty Thousand
Dollars ($850,000.00) from the general fund reserve balance during this period to
proceed with the necessary emergency responses and essential functions not already
budgeted, which includes the previously authorized.
l. The City Manager is authorized to expend no more than the previously authorized Fifty
Thousand Dollars ($50,000.00) from the customer service fund reserve balance during
this period to increase utility assistance funding for FY 2019-2020 to One Hundred
Seventy-Five Thousand Dollars ($175,000.00).
m. All non-essential in-person court proceedings in the Municipal Court No. 1 of the City
of Denton are postponed. All such proceedings will be rescheduled following the term
of this Order. Court proceedings that may be conducted remotely may be held at their
scheduled time, or rescheduled during the term of this order if such proceeding has
already been postponed. No fine, penalty, or punishment shall issue against a party
because of the postponement ordered herein. Municipal Court No. 1 shall continue to
hear all proceedings deemed essential by the state Office of Court Administration,
including search and arrest warrant requests, arraignments, criminal magistration
proceedings, and requests for temporary restraining orders.
n. Due to increased demand for household products and groceries resulting from stock up
buying and individuals who purchase for resale, retail suppliers shall use common sense
rationing of household products and groceries that are in limited supply.
5. Copies of this Order shall be promptly provided to the City Secretary for filing and posting
on the City’s website and in other conspicuous places.
IT IS SO ORDERED PURSUANT TO ORDINANCE NO. ___________
_________________________________
Mayor Chris Watts
City of Denton
196
1
Disaster Declaration and Order
April 30, 2020
ID 20-873 197
22
Previous Actions
•March 13:First Mayoral Declaration and Order
•March 17:Ordinance 20-721 (extending and modifying Mayoral
Declaration
•March 20:Adoption of Ordinance 20-720 (amending Ordinance
20-721)
•March 24:Second Mayoral Declaration and Order
•April 6:Adoption of Ordinance 20-812 (superseding Ordinance
20-740)
Ordinance 20-812 no longer in effect beginning May 1
198
33
GA-18 (Expanded Reopening)
•Effective May 1 through May 15, 2020
•All retail stores, restaurants, movie theaters, malls, museums, and
libraries are permitted to reopen on Friday, May 1, at 25% of their
listed occupancy
•Businesses and services previously determined to be essential may
operate without restriction.
•Public swimming pools, bars, gyms, cosmetology salons, massage
establishments, interactive amusement venues, such as bowling
alleys and video arcades, and tattoo and piercing studios remain
closed.
•Recommends those providing or obtaining essential or reopened
services should follow minimum standard health protocols
recommended by DSHS.
199
44
GA-18 (Continued)
•Nursing homes, long-term care facilities, state
supported living centers, assisted living facilities shall
not be visited but for critical care.
•Religious services may be conducted in accordance
with previous guidance from AG
•Golf Course operations allowed
•Local government operations allowed.
•Services provided by a single individual working in an
office allowed.
•Does not prohibit a local order provided they are not
in conflict
200
55
County Order
•Adopted April 28
•Order details:
•Extends through May 15
•References provisions in GA-18
•States that “to the greatest extent possible” all businesses and residents
“shall” comply with social distancing guidelines set forth by:
•CDC
•Governor’s Report to Open Texas
•City cannot implement an order inconsistent with those of the State
and Denton County
201
66
Draft City of Denton Declaration and Order
•Declaration of Local Disaster:
•Extended through May 31, 2020
•Order of Council:
•Supersedes all previous orders
•Effective through May 15, 2020
•Major Provisions of the Order of Council
•Businesses must abide by GA-18
•Medical procedures must comply with GA-19
202
77
Draft City of Denton Declaration and Order
•Continues previous local provisions, with the following modifications
•Public Utility Board meetings shall meet no more than twice per month
•Civil Service Commission shall meet as needed
•Other Boards and Commissions shall meet as necessary to consider time
sensitive items critical for City operations
•Increases the total cumulative spending authority for emergency
response to COVID-19 pandemic to $850,000
•Previous authority limit was $750,000
203
88
Discussion/Consideration
•Consider Ordinance Adoption
ID 20-873 204