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December 2, 2008 Agenda
AGENDA CITY OF DENTON CITY COUNCIL December 2, 2008 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, December 2, 2008 at 4:00 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: 1.Requests for clarification of agenda items listed on the agenda for December 2, 2008. 2.Receive a presentation and hold a discussion with members of the University of North Texas Political Science 4500 Leadership Seminar class concerning bottled water use and bottled water policies. 3.Receive a report, hold a discussion and give staff direction regarding the City of Denton Parks, Recreation, and Trails System Master Plan. 4.Receive a briefing, hold a discussion and give staff direction on the proposed amendments to Subchapter 18 “Land Disturbing Activities” of the Denton Development Code (DDC). The Planning and Zoning Commission recommended approval of the proposed amendments (7-0). (DCA06-0010) 5.Receive a briefing, hold a discussion and give staff direction on the proposed amendments to Subchapters 6, 12 and 13 of the Denton Development Code. The amendments included are to clarify standards and regulations regarding SUP revocation, yard measurements, accessory buildings and structures general regulations, expansion applicability, preservation and mitigation requirements for infill lots, light and glare performance requirements, and site development requirements for residential buildings. The Planning and Zoning Commission recommended approval of the proposed amendments (6-0). (DCA08-0002) 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. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. 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, as set forth below. 1.Closed Meeting: A.Consultation with Attorney – Under Texas Government Code §551.071; and Deliberations Regarding Real Property – Under Texas Government Code §551.072. 1.Discuss, deliberate, and receive information from Staff and provide Staff with direction regarding the valuation and possible acquisition of permanent utility easement of approximate 0.3792 acre and temporary construction easements of approximately 0.3504 acre, 0.1836 acre, 0.0873 acre, and 0.1138 acre, all situated in the Robert Beaumont Survey, Abstract Number 31, City of Denton, Denton County, Texas located at the City of Denton City Council Agenda December 2, 2008 Page 2 northeast corner of Bonnie Brae Street and West University Drive, said easement tracts to be acquired for utility and temporary utility construction purposes. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of said easement tracts, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Public Utility Board under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. 2.Discuss, deliberate, and receive information from Staff and provide Staff with direction regarding the valuation and possible acquisition of permanent utility easement of approximately 1.4098 acre and temporary construction easement of approximately 0.9397 acre, both being situated in the N.H. Meisenhiemer Survey,Abstract Number 810, City of Denton, Denton County, Texas approximately located 200 feet north of Windsor Drive, 600 feet east of Bonnie Brae Street, said easement tracts to be acquired for utility and temporary utility construction purposes. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of said easement tracts, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Public Utility Board under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. 3. Discuss, deliberate, and receive information from Staff and provide Staff with direction regarding the valuation and possible acquisition of a street right-of-way tract of approximately 1.2065 acre, being situated in the N.H. Meisenhiemer Survey, Abstract Number 810, City of Denton, Denton County, Texas, approximately located at the northeast corner of North Lakes Park, south side of U.S. Highway 77, approximately 400 feet south of the Riney Road intersection, said street right-of-way tract to be acquired for street, utility and drainage purposes. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of said easement tracts, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Public Utility Board under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. 4. Discuss, deliberate, and receive information from Staff and provide Staff with direction regarding the valuation and possible acquisition of fee title to a 2.5367 acre tract of land situated in the Asa Hickman Survey, Abstract No. 521, City of Denton, Denton County, Texas, said tract to be acquired for municipal utility purposes. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of fee title to the 2.5367 acre tract, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Public Utility City of Denton City Council Agenda December 2, 2008 Page 3 Board under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. 5. Discuss, deliberate, and receive information from Staff and provide Staff with direction regarding the valuation and possible acquisition of fee title to a 20.5961 acre tract of land situated in the N.H. Meisenhiemer Survey, Abstract No. 810, City of Denton, Denton County, Texas, and being located along U.S. 77 and Old Riney Road, said tract to be acquired for municipal purposes and public park purposes. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of fee title to the 20.5961 acre tract, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. B.Consultation with Attorney – Under Texas Government Code §551.071. 1.Consider and discuss status, including potential settlement, of litigation styled Collegiate Community Outreach d/b/a UNT Chi Alpha v. City of Denton, Cause No. 4:07cv564, currently pending in the U.S. District Court, Eastern District, Sherman Division. 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 ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §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 TEX. GOV’T. CODE, §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 §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, December 2, 2008 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1.PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.” City of Denton City Council Agenda December 2, 2008 Page 4 2.PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Police Appreciation Day 3. CONSENT AGENDA Each of these items is recommended by the 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. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – O). 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, Consent Agenda Items A – O below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 4199– Electrical Energy Transmission Fees for Lower Colorado River Authority in the amount of $588,500). The Public Utilities Board recommends approval (4-0). B. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the reconstruction of Old North Road; providing for the expenditure of funds therefor; and providing an effective date (Bid 4184–Old North Road Reconstruction awarded to Jagoe-Public Company in the amount of $836,909). C. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of a Supervisory Control and Data Acquisition (SCADA) system for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4074–SCADA/DMS System for DME Municipal Electric awarded to Open Systems International (OSI) in the amount of $203,419). The Public Utilities Board recommends approval (4-0). D. Consider adoption of an ordinance authorizing the City Manager or his designee to execute an easement purchase agreement by and between the City of Denton, Texas and David R. Fulton, Trustee, and any other documents and conveyances that are necessary to acquire an approximate 0.3792 acre utility easement, and temporary construction easements of approximately 0.3504 acre, 0.1836 acre, 0.0873 acre, and 0.1138 acre, all being located in the Robert Beaumont Survey, City of Denton City Council Agenda December 2, 2008 Page 5 Abstract Number 31, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. (North-South 42- inch Water Line Project and U.S. Highway 380 Utility Relocation Project). The Public Utilities Board recommends approval (4-0). E. Consider adoption of an ordinance authorizing the City Manager or his designee to execute an easement purchase agreement by and between the City of Denton, Texas and Rayzor Investments, Ltd., and any other documents and conveyances that are necessary to acquire an approximate 1.4098 acre utility easement, and a temporary construction easement of approximately 0.9397 acre, both being located in the N.H. Meisenhiemer Survey, Abstract Number 810, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. (North-South 42-inch Water Line Project) The Public Utilities Board recommends approval (4-0). F. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Street Right-of-Way Purchase Agreement by and between the City of Denton, Texas and Rayzor Investments, Ltd., and any other documents and conveyances that are necessary to acquire an approximate 1.2065 acre street right- of-way tract, being located in the N.H. Meisenhiemer Survey, Abstract Number 810, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. (North-South 42-inch Water Line Project) The Public Utilities Board recommends approval (4-0). G. Consider adoption of an ordinance authorizing the City Manager or his designee to execute an agreement for purchase and sale entered into by and between the City of Denton, Texas and Rayzor Investments, Ltd., together with any other documents and conveyances that are necessary to acquire an approximate 20.5961 acre tract of real property in the N.H. Meisenhiemer Survey, Abstract Number 810, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. (Municipal Services and Northlakes Park Expansion - $1,345,761) H. Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute a Water Main and Sewer Main Pro-Rata Reimbursement Agreement between the City of Denton, Texas and KLR Development LLC. for reimbursement of the costs of building a water main and sewer main, through pro-rata charges paid to the City; authorizing the transfer of funds pursuant to the agreement; and providing an effective date. The Public Utilities Board recommends approval (4-0). I.Consider adoption of an ordinance authorizing the City Manager to execute a Water Main Cost Participation Agreement between the City of Denton, Texas and KLR Development LLC, for the City’s participation in the oversizing of water mains and in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefor; and providing an effective date. (in the not-to-exceed amount of $17,115.48) The Public Utilities Board recommends approval (4-0). City of Denton City Council Agenda December 2, 2008 Page 6 J.Consider approval of the minutes of: October 14, 2008 October 20, 2008 October 21, 2008 November 3, 2008 K.Consider approval of tax refunds for the following property taxes: Name Reason Tax Year Amount 1. Columbia Medical Center DCAD Supplemental Change2003-2006 $12,381.51 2. First Denton LTD DCAD Supplemental Change2005 $ 5,629.17 L.Consider a request for an exception to the Noise Ordinance for the purpose of a mariachi band to play music during the anniversary/birthday party for the parents of Jesus and Miriam Contreras family. The event will be held at 3880 Cobb Dr. on December 31, 2008, from 12:00 midnight until 3:00 a.m. The Noise Ordinance Chapter 20 -1 (3) states that noise must end by 10:00 p.m. M.Consider adoption of an ordinance of the City of Denton, Texas amending the Schedule of Fees contained in Ordinance 2004-060 by adopting a new Planning and Development Department Review Fee Schedule as authorized by the Denton Development Code for the City of Denton, Texas, for filing applications for review, approval, and issuance of Municipal Setting Designations (MSDs); providing a severability clause; providing for publication; and providing for an effective date. N.Consider the adoption of an ordinance of the City of Denton Council requesting the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for the Routine Airport Maintenance Program (RAMP); authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date. TxDOT Project No. AM 2009DNTON and TxDOT CSJ No. M918DNTON). The Airport Advisory Board recommends approval (6-0). O.Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute an Administrative Services Agreement for self-funded employee benefit plans with United Healthcare Insurance Company; authorizing the expenditure of funds therefor; and providing an effective date (in the estimated annual amount of $356,000). 4.PUBLIC HEARINGS A. Hold the first of two public hearings to consider, under the annexation procedures for areas exempted from the municipal annexation plan, the voluntary annexation and service plan for approximately 868.29 acres, located in the City’s Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists of two distinct areas, as presented in Exhibit 1. The first area (annexation area #1) is approximately 24.94 acres in size and is City of Denton City Council Agenda December 2, 2008 Page 7 generally located between the City’s current northern city limits and Lake Ray Roberts, south of FM 2153. The second area (annexation area #2) is approximately 843.35 acres and is generally located east of FM 2164 and north of Shepard Road. B. Continue a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a Specific Use Permit to allow a basic utility on approximately 2.5367 acres of land within a Neighborhood Residential 4 (NR-4) zoning district classification and use designation, generally located on the north side of Roselawn Circle, 440 feet north of Roselawn Drive, and legally described as Lot 1, Block A of the Roselawn Elevated Storage Tank Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommended approval (7-0). 5.ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a real estate contract by and between the City of Denton, Texas and Rayzor Investments, Ltd., and any other documents and conveyances that are necessary to acquire an approximate 2.5367 acre tract of real property in the Asa Hickman Survey, Abstract Number 521, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. (Roselawn Area Water Tank) The Public Utilities Board recommends approval (4-0). B. Consider adoption of an ordinance of the Council of the City of Denton, Texas approving and adopting the “Greensense Energy Efficiency Rebate Program” (Schedule GRP), which replaces and cancels in its entirety the “Energy Save Program” (Schedule EP); and which “Greensense Energy Efficiency Rebate Program” also amends and revises the provisions of the “Distributed Generation for Renewable Sources” Rider (Schedule DGR) regarding the rates that were previously contained in Ordinance No. 2008-211 which became effective on October 1, 2008; all rates contained in that ordinance otherwise shall remain in full force and effect; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (5-0). C. Consider approval of a resolution of the City Council of the City of Denton, Texas, authorizing the purchase of dry kiln cement as the base bid; assigning preferential purchase priority for cement produced with emission rates of 1.7 pounds of nitrogen oxides NOx) per ton of clinker or less; requesting the City Manager to provide a report on the results of these bid specifications in approximately 12 months from the effective date of this resolution; and providing an effective date. The Committee on the Environment recommends approval (2-0). City of Denton City Council Agenda December 2, 2008 Page 8 D. Consider adoption of an ordinance creating Article XI of Chapter 28 of the Code of Ordinances of the City of Denton, Texas; in order to establish the minimum standards for installation of irrigation systems within the corporate limits of the City and the extraterritorial jurisdiction; providing for a severability clause; repealing all ordinances in conflict therewith; providing for a criminal penalty, Class C misdemeanor not to exceed two thousand dollars ($2,000.00) for violation of the code; and providing for an effective date. E. Citizen Reports 1.Review of procedures for addressing the City Council. 2.Receive citizen reports from the following: A.Bob Clifton regarding the Legal Department. F. 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. G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. 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 ________day of ___________________, 2008 at ________o'clock (a.m.) (p.m.) __________________________________________ CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE 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 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY’S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: December 2, 2008 DEPARTMENT: Not Applicable CM/ ACM: Not Applicable SUBJECT Receive a report from Dr. James Meernik (Instructor) and the University of North Texas Political Science 4500 Leadership Seminar class concerning bottled water use and bottled water policies. BACKGROUND Americans consume billions of bottles of water every year. Research has shown that the use of bottled water negatively affects the environment and increases fuel consumption. Further, bottled water undergoes far less rigorous safety standards than does tap water. A number of cities throughout the United States have implemented bans and/or resolutions to deal with the issue of bottled water. OPTIONS Cities and counties in the US have enacted such policies as: 1)Resolutions banning municipal governments from purchasing bottled water. 2)Taxes on bottled water (e.g., Chicago). 3)Banning the sale of bottled water at city events. RECOMMENDATION It is the recommendation of the University of North Texas Political Science 4500 Leadership Seminar class that the City of Denton consider enacting a resolution encouraging all City Staff and citizens to replace the use of bottled water with tap water due to the negative ecological and economical impacts to the City of Denton. We propose that the City achieve this through educational initiatives, economic incentives, and improvements to the city’s infrastructure. ESTIMATED SCHEDULE OF PROJECT A resolution, if adopted, would take effect immediately. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None EXHIBITS 1. Presentation Respectfully prepared and submitted: ______________________________ Dr. James Meernik, Chair, Department of Political Science University of North Texas Prepared by: Dr. James Meernik and students of the Political Science 4500 Leadership Seminar class, University of North Texas Fall 2008 Semester AGENDA INFORMATION SHEET AGENDA DATE: December 2, 2008 DEPARTMENT: Parks and Recreation Department ACM: Fred Greene ____________________________________________________________________________ SUBJECT Receive a report, hold a discussion and give staff direction regarding the City of Denton Parks, Recreation, and Trails System Master Plan. BACKGROUND Over the last nine years Denton has grown from a population of 77,300 to 115,506. The city has grown by approximately 38,000 individuals, which is a 49% increase in just under a decade. Even though the city has grown significantly and can no longer be considered a small town, there are still qualities of small town life present throughout the community. If the city continues to grow in population and economic strength over the next 5-10 years, park facilities will need to be addressed; by adding to the number of parks, and the types of amenities provided to meet the needs and demands of the citizens of Denton. This document includes specific recommendations for park expansion, trail linkage, and park development to serve the growing population and needs of Denton. The inventory section of this document includes a complete inventory of the existing parks, and facilities. Documented in the Public Input & Needs Assessment section of this plan are the results of the citizen survey, which identifies the recommended priorities for the community. The following section is Standards Analysis, this section uses guidelines set forth by the Recreation, Park and Open Space Standards and Guidelines 4th printing publication, to set up a customized classification system for planning number of different types of parks. This section also covers suggested facility development standards. The Trail section offers a hierarchy for the trail system and a plan to meet the goals set by the Parks Department, mainly to have an interconnected trail system throughout the city. The final section of this plan contains the Ten Year Action Plan and a variety of Funding Sources. This Master Plan should be the basis for the future development and fiscal planning of the Denton park system for the next five to ten years. Annual reviews of the Master Plan should be performed by the City to ensure that the implementation is on course and addresses any specific changes in priorities and/or needs. RECOMMENDATION Staff recommends approval of the Denton Parks, Recreation, and Trails System Master Plan. Agenda Information Sheet PARD Master Plan December 2, 2008 Page 2 ESTIMATED SCHEDULE OF PROJECT The City of Denton Parks, Recreation, and Trails System Master Plan will be brought to City Council for final approval in January 2009. PRIOR ACTION/REVIEW At the November 3, 2008 meeting, the Parks, Recreation and Beautification Board voted 7-0 to make recommendation to present the City of Denton Parks, Recreation, and Trails System nd Master Plan to City Council on December 2 for review. EXHIBITS 1.Final Draft of the City of Denton Parks, Recreation, and Trails System Master Plan 2.Parks, Recreation and Beautification Board Minutes of November 2008 Respectfully Submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Cynthia Mayo, Landscape Architect Parks and Recreation Department ÌßÞÔÛ ÑÚ ÝÑÒÌÛÒÌÍ ûùñîíåð÷øõ÷ï÷îèé óîèêíøçùèóíî ê÷õóíîûð ðíùûèóíî ïûì ìçêìíé÷ íö èô÷ ìðûî ï÷èôíøíðíõã óîæ÷îèíêã óÎÆ×ÎÈÍÊà ïÛÈÊÓÄ éÌÊ×ÛØÉÔ××È ÷ÄÓÉÈÓÎÕ ìÛÊÑÉ ïÛÌ ìíìçðûèóíî ùôûêûùè÷êóéèóùé ø÷ïíõêûìôóùé ìçúðóù óîìçè î÷÷øé ûéé÷ééï÷îè éèûîøûêøé ûîûðãéóé é×ÊÆÓÙ× ûÊ×Û ïÛÌÉ èêûóðé ìÊÍÌÍÉ×Ø ìÍÈ×ÎÈÓÛÐ èÊÛÓÐ ïÛÌ ê÷ùíïï÷îøûèóíîé ìêóíêóèó÷é öíê ïûéè÷ê ìðûî è×Î ã×ÛÊ ûÙÈÓÍÎ ìÐÛÎ öÇÎØÓÎÕ ï×ÈÔÍØÉ ûìì÷îøóä ùÓÈÓÂ×Î éÇÊÆ×à Page 2 ßÝÕÒÑÉÔÛÜÙÛÓÛÒÌÍ òÛÙÍÚÉ ùÛÊÈ×Ê úÇÊÕ×ÉÉ ùÓÈà ùÍÇÎÙÓÐ ìÔÓÐÓÌ î××Ð×à ûéðû ìÊÍÒ×ÙÈ øÓÊ×ÙÈÍÊ ïÛÊÑ úÇÊÊÍÇÕÔÉ ïÛÃÍÊ úÊÓÈÈ é öÐÛÈ×Î ûéðû ìÊÍÒ×ÙÈ ïÛÎÛÕ×Ê ïÛÃÍÊ ìÊÍ è×Ï ûÈ ðÛÊÕ× ìÐÛÙ× ì×È× ñÛÏÌ ùÍÇÎÙÓÐ ï×ÏÚ×Ê øÓÉÈÊÓÙÈ ùÔÛÊÐÃ× ô×ÕÕÓÎÉ ùÍÇÎÙÓÐ ï×ÏÚ×Ê øÓÉÈÊÓÙÈ òÛÙÑ èÔÍÏÉÍÎ 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ÅÛÐÑÓÎÕ ÈÊÛÓÐÉ êÇÎÎÓÎÕ ÊÛÙ×É åÛÈ×Ê Û×ÊÍÚÓÙÉ åÊÓÈÓÎÕ øÍÕ ÈÊÛÓÎÓÎÕ ûÊÈ ÙÐÛÉÉ×É êÛÙËÇ×ÈÚÛÐÐ ùÐ×ÛÎ ÇÌ ÈÔ× ÙÓÈà ÌÊÍÕÊÛÏÉ ìÓÎÕ ÌÍÎÕ úÍÍÑ ÙÐÇÚÉ ûÊÈ ÏÇÉÓÙ ûÙÈÓÆÓÈÓ×É ÖÍÊ ÏÍÏÉ ÅÓÈÔ ÈÍØØÐ×ÊÉ é×ÎÓÍÊ ÌÊÍÕÊÛÏ ÉÇÕÕ×ÉÈÓÍÎÉ õÍÐÖ ïÇÉÓÙ ãÍÕÛ ìÊÍÕÊÛÏÉ ÖÍÊ ÈÔ× ÇÎØ×Ê ÌÊÓÆÓÐ×Õ×Ø éÈÊ×ÎÕÈÔ ÚÇÓÐØÓÎÕ éÅÓÏÏÓÎÕ ÐÛÌ ÐÛÎ×É õÛÊØ×ÎÓÎÕ ïÇÉ×ÇÏÉ åÛÐÑÓÎÕ ÌÊÍÕÊÛÏÉ èÊÛÓÐÉ ÅÓÈÔ ×Ä×ÊÙÓÉ× ×ËÇÓÌÏ×ÎÈ óÎØÍÍÊ ÛËÇÛÈÓÙÉ úÊÓØÕ× ÙÛÊØÉ åÛÐÑÓÎÕ ÌÊÍÕÊÛÏÉ Page 64 ÚÎÛÏËÛÒÝÇ ÑÚ ËÍÛóÉßÌÛÎ ÉÑÎÕÍ ÐßÎÕ ×Ò ÜÛÒÌÑÒ û ÈÍÈÛÐ ÍÖ ÍÖ ÛÐÐ Ê×ÉÌÍÎØ×ÎÈÉ ÛÎØ ÍÖ ÔÍÇÉ×ÔÍÐØÉ ÅÓÈÔ ÑÓØÉ ÔÛÆ× ÆÓÉÓÈ×Ø ÈÔ× ÅÛÈ×Ê ÌÛÊÑ ÓÎ ø×ÎÈÍÎ ûÏÍÎÕ ÔÍÇÉ×ÔÍÐØÉ ÅÓÈÔ ÙÔÓÐØÊ×Î ÆÓÉÓÈ ÛÈ Ð×ÛÉÈ ÏÍÎÈÔÐà ÅÔÓÐ× ÆÓÉÓÈ ÍÎÙ× Û Ã×ÛÊ ÍÊ ÛÈ Ð×ÛÉÈ Û Ö×Å ÈÓÏ×É Û Ã×ÛÊ ÉØßÌ ßÓÛÒ×Ì×ÛÍ ÉÑËÔÜ ÇÑË Ô×ÕÛ ßÜÜÛÜ ÌÑ ÉßÌÛÎ ÉÑÎÕÍ ÐßÎÕ ×Ò ÜÛÒÌÑÒá The most popular features respondents would like added to Water Works Park are a wave pool, a full service concession area and large interactive play structures for all ages. Having a lap swimming area and a slide are also features of interest to respondents. feature to respondents. “Other” mentions among respondents: Covered seating areas More seating Extend lap lanes Lines too slow Large outdoor pool Places to get away from kids Longer lazy river Security in parking lots Page 65 ÐßÎÕÍ ÚßÝ×Ô×Ì×ÛÍ ÓÑÍÌ ÒÛÛÜÛÜ èÔ× ÈÛÚÐ× Ú×ÐÍÅ ÌÊ×É×ÎÈÉ ÈÔ× ÌÛÊÑÉ ÖÛÙÓÐÓÈÓ×É ÈÔÛÈ ÈÔ× ÙÓÈÓÂ×ÎÉ Ö×ÐÈ ÛÊ× Î××Ø×Ø ÓÎ ÍÊØ×Ê ÍÖ ÓÏÌÍÊÈÛÎÙ× èÔ× ÅÓÈÔ ÈÔ× Î××Ø ÖÍÊ Û ÌÛÊÈÓÙÇÐÛÊ ÌÊÍÕÊÛÏ Å×Ê× ×ÄÙÐÇØ×Ø ÖÊÍÏ ÈÔ× Ï×ÛÎ ÉÙÍÊ× ÙÛÐÙÇÐÛÈÓÍÎ ÛÎØ ©¨ èÔ× ÈÔÓÊØ ÙÍÐÇÏÎ ÌÊ×É×ÎÈ ÈÔ× Ï×ÛÎ ÉÙÍÊ× ÖÍÊ ÛÐÐ Ê×ÉÌÍÎØ×ÎÈÉ èÔÓÉ ØÛÈÛ ÅÓÐÐ ÌÊÍÆÓØ× Ñ×à ×Ð×Ï×ÎÈÉ ÈÍ ÈÔ× ÏÛÉÈ×Ê ÌÐÛÎ óÈ ÌÊ×É×ÎÈÉ ÈÔ× ÌÛÊÑÉ ÖÛÙÓÐÓÈÓ×É ÙÓÈÓÂ×ÎÉ Ö××Ð ÛÊ× ÏÍÉÈ Î××Ø×Ø Page 66 ÑÌØÛÎ ÐßÎÕ ÚßÝ×Ô×ÌÇ ×ÓÐÎÑÊÛÓÛÒÌÍ ÌØßÌ ÇÑË ÚÛÛÔ ßÎÛ ÓÑÍÌ ÒÛÛÜÛÜ ×Ò ÜÛÒÌÑÒá ûÌÌÊÍÄÓÏÛÈ×Ðà ÍÎ×ÖÍÇÊÈÔ ÍÖ Ê×ÉÌÍÎØ×ÎÈÉ Ï×ÎÈÓÍÎ×Ø ÍÈÔ×Ê ÌÛÊÑ ÍÊ ÖÛÙÓÐÓÈà ÓÏÌÊÍÆ×Ï×ÎÈÉ ÛÊ× Î××Ø×Ø èÔ× ÏÍÉÈ ÙÍÏÏÍÎ Ï×ÎÈÓÍÎÉ ÛÊ× ÐÓÉÈ×Ø Ú×ÐÍÅ ïÍÊ× Ê×ÉÈÊÍÍÏÉ ïÍÊ× É×ÙÇÊÓÈà ÛÈ ÌÛÊÑÉ ïÍÊ× ÈÊ××É ÉÔÛØ×Ø ÛÊ×ÛÉ ïÍÊ× ÅÛÐÑÓÎÕ ÛÊ×ÛÉ ÈÊÛÓÐÉ ïÍÊ× ÅÛÈ×Ê ÖÍÇÎÈÛÓÎÉ çÌØÛÈ× ÌÐÛÃÕÊÍÇÎØ ×ËÇÓÌÏ×ÎÈ ïÍÊ× ÙÍÆ×Ê×Ø ÌÓÙÎÓÙ ÈÛÚÐ×É Ú×ÎÙÔ×É ðÓÕÔÈ×Ø ÅÛÐÑÓÎÕ ÈÊÛÓÐÉ ïÍÊ× ÎÛÈÇÊ× ÈÊÛÓÐÉ ïÍÊ× ÚÓÑ× ÈÊÛÓÐÉ ïÍÊ× É×ÎÓÍÊ ÌÊÍÕÊÛÏÉ ïÍÊ× È××Î ÌÊÍÕÊÛÏÉ ú×ÈÈ×Ê ÐÓÕÔÈÓÎÕ ÓÎ ÌÛÊÑÉ ïÍÊ× ÙÐ×ÛÎÐÓÎ×ÉÉ ÓÎ ÌÛÊÑÉ Î××Ø ÈÊÛÉÔ ÙÛÎÉ Page 67 ÚßÝ×Ô×Ì×ÛÍ ÌÑ ÞÛ ÝÑÒÍ×ÜÛÎÛÜ ×Ú ßÒ ßÜÜ×Ì×ÑÒßÔ ÎÛÝÎÛßÌ×ÑÒ ÝÛÒÌÛÎ ÉÛÎÛ ÞË×ÔÌ ×Ò ÜÛÒÌÑÒ óÏÌÍÊÈÛÎÈ ×Ð×Ï×ÎÈÉ ÓÎ ÌÐÛÎÎÓÎÕ Û ÌÍÉÉÓÚÐ× ÖÇÈÇÊ× Ê×ÙÊ×ÛÈÓÍÎ Ù×ÎÈ×Ê ÈÔ× ÙÓÈÓÂ×ÎÉ Ö××Ð ÛÊ× Î××Ø×Ø ÛÊ× ÐÓÉÈ×Ø ÓÎ ÈÔ× ÈÛÚÐ× Ú×ÐÍÅ ÓÎ ÌÊÓÍÊÓÈà ÍÊØ×Ê èÔ× Ï×ÛÎ ÊÛÈÓÎÕ ÉÙÛÐ× ÓÉ ÿÆ×Êà ÓÏÌÍÊÈÛÎÈ ÛÎØ ÿÎÍÈ ÓÏÌÍÊÈÛÎÈ èÔÍÉ× ÅÔÍ ÔÛØ ÎÍ ÍÌÓÎÓÍÎ ÍÊ Å×Ê× ÎÍÈ ÖÛÏÓÐÓÛÊ ÅÓÈÔ ÈÔ× Î××Ø ÖÍÊ Û ÌÛÊÈÓÙÇÐÛÊ ÖÛÙÓÐÓÈà Å×Ê× ×ÄÙÐÇØ×Ø ÖÊÍÏ ÈÔ× Ï×ÛÎ ÉÙÍÊ× ÙÛÐÙÇÐÛÈÓÍÎ ÓÏÌÍÊÈÛÎÈ ÛÎØ © ¨ ÓÏÌÍÊÈÛÎÈ ÈÔ× ÈÔÓÊØ ÙÍÐÇÏÎÉ ÌÊ×É×ÎÈ ÈÔ× Ï×ÛÎ ÉÙÍÊ× ÖÍÊ ÛÐÐ Ê×ÉÌÍÎØ×ÎÈÉ èÔÓÉ ØÛÈÛ ÅÓÐÐ ÌÊÍÆÓØ× Ñ×à ×Ð×Ï×ÎÈÉ ÈÍ ÈÔ× ÏÛÉÈ×Ê ÌÐÛÎ Ú×ÙÛÇÉ× ÓÈ ÌÊ×É×ÎÈÉ ÈÔ× ÓÎØÍÍÊ Ê×ÙÊ×ÛÈÓÍÎ Ù×ÎÈ×Ê ÖÛÙÓÐÓÈÓ×É ÙÓÈÓÂ×ÎÉ Ö××Ð ÛÊ× ÏÍÉÈ Î××Ø×Ø èÔ× ØÛÈÛ ÅÓÐÐ ÛÐÉÍ Ô×ÐÌ ÌÊÓÍÊÓÈÓÂ× Î××Ø×Ø ÓÎØÍÍÊ ÖÛÙÓÐÓÈÓ×É ÓÎ ÈÔ× ïÛÉÈ×Ê ìÐÛÎ Page 68 ÚËÒÜ×ÒÙ ÑÚ ÎÛÝÎÛßÌ×ÑÒ ÝÛÒÌÛÎ óÖ ÛÎ ÛØØÓÈÓÍÎÛÐ Ê×ÙÊ×ÛÈÓÍÎ Ù×ÎÈ×Ê Å×Ê× ÚÇÓÐÈ ÓÎ ø×ÎÈÍÎ ÏÍÊ× ÈÔÛÎ ÔÛÐÖ ÍÖ Ê×ÉÌÍÎØ×ÎÈÉ ×ÄÌ×ÙÈ ÈÔÛÈ ÈÔ× ÌÊÍÕÊÛÏÉ ÛÎØ ÚÇÓÐØÓÎÕ ÍÌ×ÊÛÈÓÍÎÉ ÅÍÇÐØ Ú× ÖÇÎØ×Ø ÈÔÊÍÇÕÔ Û ÙÍÏÚÓÎÛÈÓÍÎ ÍÖ ÌÊÍÌ×ÊÈà ÈÛÄ×É ÛÎØ ÇÉ×Ê Ö××É Ï×ÏÚ×ÊÉÔÓÌ Ö××É ö×Å Ê×ÉÓØ×ÎÈÉ Å×Ê× ÛÕÛÓÎÉÈ ÛÎ ÛØØÓÈÓÍÎÛÐ Ê×ÙÊ×ÛÈÓÍÎ Ù×ÎÈ×Ê Page 69 ÚËÒÜ×ÒÙ ÚÑÎ ÜÛÊÛÔÑÐ×ÒÙ ßÒÜ Óß×ÒÌß×Ò×ÒÙ ÐßÎÕ ßÒÜ ÎÛÝÎÛßÌ×ÑÒ ×ÓÐÎÑÊÛÓÛÒÌÍ û ÏÛÒÍÊÓÈà ÍÖ Ê×ÉÌÍÎØ×ÎÈÉ ×ÄÌÊ×ÉÉ×Ø ÉÈÊÍÎÕ ÉÇÌÌÍÊÈ ÈÍ ÖÇÎØ Ø×Æ×ÐÍÌÓÎÕ ÛÎØ ÏÛÓÎÈÛÓÎÓÎÕ ÌÛÊÑÉ ÛÎØ Ê×ÙÊ×ÛÈÓÍÎ ÓÏÌÊÍÆ×Ï×ÎÈÉ ÈÔÊÍÇÕÔ ÎÍÎÊ×ÉÓØ×ÎÈ ÇÉ×Ê Ö××É ÛÎØ ÙÍÊÌÍÊÛÈ× ÛØÆ×ÊÈÓÉÓÎÕ ÎÛÏÓÎÕ ÊÓÕÔÈÉ èÔ×Ê× ÅÛÉ ÛÐÉÍ ÕÍÍØ ÉÇÌÌÍÊÈ ÍÖ ÚÍÎØ ÌÊÍÕÊÛÏÉ ÛÎØ Ê×ÉÓØ×ÎÈ ÇÉ×Ê Ö××É Page 70 ÐÎÑÐÛÎÌÇ ÌßÈ ×ÒÝÎÛßÍÛ ÌÑ ÚËÒÜ ÐßÎÕÍ ×ÓÐÎÑÊÛÓÛÒÌ ÐÎ×ÑÎ×Ì×ÛÍ ïÍÊ× ÈÔÛÎ ÔÛÐÖ ÍÖ ÙÓÈÓÂ×ÎÉ ÉÇÊÆ×Ã×Ø ÅÍÇÐØ Ú× ÅÓÐÐÓÎÕ ÈÍ ÌÛÃ Û ÌÊÍÌ×ÊÈà ÈÛÄ ÓÎÙÊ×ÛÉ× ÍÖ ÇÌ ÈÍ ÈÍ ÏÍÊ× ÈÔÛÎ Ì×Ê Ã×ÛÊ ÈÍ ÉÇÌÌÍÊÈ ÈÔ× ÓÏÌÊÍÆ×Ï×ÎÈ ÌÊÓÍÊÓÈÓ×É ÉÇÕÕ×ÉÈ×Ø ÓÎ ÈÔ× ÙÓÈÓÂ×Î ÉÇÊÆ×à ØÍ ÎÍÈ ÉÇÌÌÍÊÈ Û ÌÊÍÌ×ÊÈà ÈÛÄ ÓÎÙÊ×ÛÉ× ÎÛÍÐÑÒÜÛÒÌ ÜÛÓÑÙÎßÐØ×Ý Í ð×ÎÕÈÔ ÐÓÆ×Ø ÓÎ ø×ÎÈÍÎ ð×ÉÉ ÈÔÛÎ ÈÍ Ã×ÛÊÉ ÈÍ íÆ×Ê îÇÏÚ×Ê ÍÖ ÙÔÓÐØÊ×Î ÓÎ ÔÍÇÉ×ÔÍÐØ íÎ× èÅÍ èÔÊ×× öÍÇÊ ÍÊ ÏÍÊ× îÍ ÙÔÓÐØÊ×Î ÓÎ ÔÍÇÉ×ÔÍÐØ ûÕ× ÕÊÍÇÌÉ ÍÖ ÙÔÓÐØÊ×Î ÓÎ ÔÍÇÉ×ÔÍÐØ ÈÍ Ã×ÛÊÉ ÍÖ ÛÕ× ÈÍ Ã×ÛÊÉ ÍÖ ÛÕ× ÈÍ Ã×ÛÊÉ ÍÖ ÛÕ× ÈÍ Ã×ÛÊÉ ÍÖ ÛÕ× èÔÓÉ ØÛÈÛ ÓÉ Ê×ÌÊ×É×ÎÈÛÈÓÆ× ÍÖ ÈÔ× ÌÍÌÇÐÛÈÓÍÎ ÍÖ ø×ÎÈÍÎ ÅÔÓÙÔ ÌÊÍÆÓØ×É ÙÊ×ØÓÚÓÐÓÈà ÛÎØ ÆÛÐÓØÓÈà ÈÍ ÈÔ× ØÛÈÛ Ô×Ê×ÓÎ ôÍÇÉ×ÔÍÐØ ÉÓÂ× íÎ× èÅÍ èÔÊ×× öÍÇÊ öÓÆ× ÍÊ ÏÍÊ× Page 71 ·²»®¬ ͬ¿²¼¿®¼ ß²¿´§· ¬¿¾ Page 72 ÍÌßÒÜßÎÜÍ ßÒßÔÇÍ×Í ïÓÎÓìÛÊÑ èÔ× ÛØ×ËÇÛÙà ÍÖ ×ÄÓÉÈÓÎÕ ÌÛÊÑÉ Ê×ÙÊ×ÛÈÓÍÎ ÖÛÙÓÐÓÈÓ×É ÛÎØ û ÏÓÎÓÌÛÊÑ ÓÉ Û ÉÏÛÐÐ ÌÇÚÐÓÙ ÌÛÊÑ ÈÔÛÈ É×ÊÆ×É ÇÌ ÍÌ×Î ÉÌÛÙ×É ÛÊ× Ø×È×ÊÏÓÎ×Ø Úà ÙÍÏÌÛÊÓÎÕ ÈÔ× Î××ØÉ ÈÍ Û ? 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ÛÉ ÌÛÊÈÎ×ÊÉÔÓÌÉ ÛÎØ ÛÕÕÊ×ÉÉÓÆ× ÖÇÎØ ÊÛÓÉÓÎÕ Úà ÈÔ× ø×ÎÈÍÎ ìÛÊÑÉ öÍÇÎØÛÈÓÍÎ èÔ× Ø×ÈÛÓÐ×Ø ÛÙÈÓÍÎ ÌÐÛÎ ÛÌÌÐÓ×É ÈÔ× ÌÍÈ×ÎÈÓÛÐ ÖÇÎØÓÎÕ ÉÍÇÊÙ×É ÖÊÍÏ ÈÔ× ÌÊ×Ù×ØÓÎÕ ÐÓÉÈ ÛÉÉÓÕÎ×Ø ÈÍ ×ÛÙÔ ÙÛÈ×ÕÍÊà Page 120 Insert Appendix Tab Page 121 ùÓÈà ÍÖ ø×ÎÈÍÎ ìÛÊÑ ê×ÙÊ×ÛÈÓÍÎ ùÓÈÓÂ×Î éÇÊÆ×à òÇÐà Hello, this is ___ calling on behalf of the City of Denton Parks and Recreation Department. I’m with National Service Research and we are conducting a study about parks and recreation facilities for the City of Denton. The results of the study will help guide the City for the next 5 to 10 years. Do you have just a few minutes to answer a couple of questions? (If respondent asks any questions about the study that you are not familiar with, say: I’ll refer you to my manager, Andrea Thomas, owner of National Service Research; she can be reached at 817-731-3493, she will be happy to answer any questions that you may have about the study) 1. Within the past year, how often have you and/or your household members visited any of the parks or park facilities in the City of Denton? ) (Circle one answer for each park/facility 135 (5) 24 2. Overall, how would you rate the maintenance of the parks in Denton? 135 24 3a. Within the past year, who in your household has participated in a Denton Recreation program such as recre- ation center programs, softball, baseball, after school program, summer programs, senior program, aquatics, etc.? Skip to Q4a . 1234 3b. Overall, how would you rate the quality of recreation programs in which you/household members have participated? 13 (10) Needs much improvement 3c. Overall, how would you rate the quality of sports programs (baseball, football, soccer, softball, swimming, tennis) offered in the City of Denton? 1 3 5 (11) Have not participated 24 4a. If the City of Denton offered more recreation or sports programs, would you or other household members be interested in participating? Q4b below . 1 2 (12) 4b. What recreation or sports programs do you feel are needed in Denton that are not currently offered? If so, please list. 1 Teen (age 13 to 18) programs (specify)______________________________________________________________ 3 4 5 5a. How often do you and/or members of your household visit Water Works Park, the water park in Denton? 1 5 Never 24 5b. What features would you like added to Water Works Park? (Read list - check all that apply) Slide Large interactive play structures for all ages 3 Full service concession area 8 None 2 Page 122 î××ØÉ ÛÎØ ìÊÓÍÊÓÈÓ×É ÓÎ ÈÔ× ùÓÈà ÍÖ ø×ÎÈÍÎ 6. Which of the following facilities do you feel would best meet the needs of the City of Denton? (Rate each on a Needed Needed Not Familiar Large covered picnic pavilion (100 to 200 people) ......................1.............2.............3..............4.............5 Nature trails..................................................................................1.............2.............3..............4.............5 .....1.............2.............3..............4.............5 Spray park (outdoor park with spray water features for all ages).1.............2.............3..............4.............5 ......................1.............2.............3..............4.............5 Indoor ice rink ..............................................................................1.............2..............3..............4.............5 Larger senior center facility..........................................................1..............2..............3.............4.............5 Municipal golf course ...................................................................1.............2..............3.............4.............5 .......1.............2...............3.............4.............5 7. Are there other park or facility improvements that you feel are MOST NEEDED in Denton? C._____________________________________________________________________________ 8. IF an additional Recreation Center were built in Denton in the future, which of the following facilities would be MOST IMPORTANT to include? (Rate each on a scale from 1 to 4 with 1being not important to 4 being very important) Important Important Not Familiar Child care area.......................................................................................1...............2.................3................4...............5 Computer lab .........................................................................................1...............2.................3................4...............5 Play area for toddlers.............................................................................1................2................3.................4..............5 R acquetball courts .................................................................................1...............2................3.................4...............5 Fitness room (weights, treadmills, stationary bicycles, etc.)...................1...............2................3.................4..............5 I ndoor pool .............................................................................................1...............2................3.................4..............5 ......1...............2................3.................4............. .5 Page 123 9. If an additional Recreation Center were built in Denton, how would you expect the building operations and programs to be funded? 13 (1441) (DO NOT READ) 24 íÈÔ×Ê ìÛÊÑ ê×ÙÊ×ÛÈÓÍÎ ëÇ×ÉÈÓÍÎÉ 10. In order to develop and maintain the park and recreation improvements you have suggested herein, how strongly would you support the following funding options listed below,rate each as 1=low support and 5=strong support. (Read list and circle ONE answer for each option) Support Support Not Familiar Resident user fees .....................................................................1 .............2 ............. 3..............4 .............5 11. How much more per year in additional property taxes would you be willing to pay in order to fund the improvement priorities suggested in this survey? 135 24 12. How long have you been a resident of Denton? 12345 (1447) 13. How many children in your household are under 19? (Check all that apply) Number of children: Skip to Q#15 1234 5 (1448) 14. In which age groups are your children?Would you say; Child Age Group(s): 1234 15. How many persons, including yourself, reside within your household? 12345 (1453) 16. Your age group? 13 5 (1454) 24 Page 124 1DRAFT Parks, Recreation and Beautification Board 2 Minutes 3 4November 3, 2008 5Civic Center Conference Room 6 7 Members present : Carol Brantley, Allyson Coe, Dale Conway,Jo Kuhn, Ross Richardson,Jennifer Wages 8 Members absent: Reggie Heard 9 Staff present: Amanda Green, Cindy Mayo, Jim Mays, Bob Tickner, Mary Aukerman,Eric Miller 10 11 Chairperson Jo Kuhn called the meeting to order at 6:03 p.m. 12 13 AWARDS AND RECOGNITIONS: 14 a)Jim Mays told the Board that the City of Denton Parks Maintenance Department came in second 15 overall in their Region at the TRAPS Region 2 & 3 Park Rodeo. Eric Miller was present at the 16 meeting to represent the group and was introduced to the Board, after which he was excused to leave. 17 18 APPROVAL OF MINUTES OF August 4, 2008 MEETING: Chairperson JoKuhn asked for any 19 amendments to the minutes. Hearing none the minutes stand approved as written. 20 21 ACTION ITEMS: 22 Recommendation of Comprehensive Parks and Recreation Master Plan to City Council a) Amanda 23 Green asked Cindy Mayo, project manager, to take the lead on this item. Cindy assured the Board 24 that she had been working with the consultants to get the changes made that were observed and that 25 she would continue to work with them until all corrections/changes were completed to our 26 satisfaction. The majority of the errors were typos and references to wrong pages, etc. The content 27 was not an issue. With Board approval tonight, the Master Plan will go to City Council for review on nd. 28 December 2 29 30City of Denton Parks, Recreation, and MOTION: Jo asked that a motion be made to send the 31Trails System Master Plan, with the corrections, to City Council. Jennifer made the motion, Allyson 32 seconded and the motion passed with a vote of 6-0. 33 34 After the vote Jo commended Cindy on her efforts as the document is quite extensive. Amanda 35 pointed out that itwas a collaborative effort as the key players from all areas of PARD came together 36 37 38 39 Avondale Park Lighting and Landscape Improvements PROJECT STATUS REPORT A 40 neighborhood meeting was pulled together by Carol Brantley at her home a few weeks ago and they got to 41 hone 42 discussion about the type of lighting and the placement of the lights. 43 44 Briercliff Park Design and Development Project This project has been through the survey phase and 45 water lines are being added which has bumped the timeline back a bit. The design will have to go through 46 the review process so construction will probably start in early spring. 47 48 Citywide Parkland Acquisition We are on schedule with the paperwork for acquiring the 196 acre tract 49 of land for a park in the southwest quadrant of the city. 50 1 Denia Park Trail Project The final plans have been received for the concrete trail and they should start 2 construction this winter. 3 4 Denton Branch Rail Trail Bridges Project This project is being fast-tracked. Bob expects work to 5 begin in early spring. We have to work out the arrangements for DCTA to be on our rail property. There 6 are still several things to work out for crossings, etc. The trail bridges should fall right in line with the 7 railroad construction and may be built at the same time. 8 9 Senior Center Renovation and Expansion Project The bid documents are ready and the ad should go thth 10 out on November 7, with the bid opening on November 24. Once approved, there will be a 11 preconstruction or bid question meeting at the Senior Center, with the start projected in January. It will 12 take a year for this phase to be completed. Carol Short of the Festival Foundation has been informed that 13 the contractor will try to take up the least possible amount of park during the 2009 Arts and Jazz Festival. 14 15 No programs will be canceled but may be moved to another location during the project. Seniors will be 16 able to choose if they want to go to another location to participate. 17 18 Soccer Field Land and Development Project Property for this project has been discussed with City 19 Council and offers are being made. 20 21 Unicorn Lake Trail and Landscape Project There have been a lot of plans picked up for this round of 22 bidding which makes Bob optimistic. The last time we bid there was only one bidder and they were 23 significantly over the estimate. He is hoping that the economy is such that they will have more bids this th 24 round. The opening of the re-bid is Thursday November 6. 25 26 North Lakes Park Goldfield Tennis Center Cindy is looking at grant possibilities to help fund this 27 project. 28 29KEEP DENTON BEAUTIFUL - 30 Annual Community Tree Giveaway This event was very successful with pre-registration over the 31 projected amount for the trial run. 32 33 KDB has invited the Park Board as VIP guests at 34 this event. Please pre-register by Wednesday, if possible, to insure a space at a table. 35 36PUBLIC ART COMMITTEE MEETING MINUTES 37 Public Art Policy Amanda pointed out that we have had several requests to place items deemed as 38 Public Art and the paperwork, including the donation form, has been give to the requestors. She is waiting 39 for the paperwork to be returned. Amanda explained that after the paperwork is submitted, a Public Art 40 sub-committee will review it before presenting it to the entire committee; upon approval by the committee, 41 it will come to the Park Board for approval and recommendation to the City Council, who ultimately has 42 final approval. 43 44 ITEMS FOR UPCOMING MEETINGS: 45 a)Additional Chapter 26 Items 46 b)DCTA Documents 47 c)Texas Parks and Wildlife Grant 48 49djourn;Ross made the motion to With no further business on the agenda, Jo asked for a motion to a 50adjourn, Carol seconded the motion and the meeting was adjourned at 6:34 p.m. AGENDA INFORMATION SHEET AGENDA DATE: December 2, 2008 DEPARTMENT: Planning ACM: Fred Greene _____________________________________________________________________________ SUBJECT DCA06-0010 (Subchapter 18 Amendments) Receive a briefing, hold a discussion and give staff direction on the proposed amendments to The Planning and Zoning Commission recommended approval of the proposed amendments (7-0). BACKGROUND On October 22, 2008, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the proposed amendments .Included in the AIS is the current Subchapter 18 with revisions highlighted, see Exhibit 1. Recommended text additions are shown in blue and underlined and recommended text deletions are shown in red with strikethrough. Revisions are needed to Subchapter 18 of the DDC to help streamline land disturbing processes, remove components of Subchapter 18 that are already regulated under separate DDC Subchapters, and address new regulatory requirements of the City ostorm water permitting process. Staff created an interdepartmental team comprised of Building Inspections, Planning, Watershed Protection, and Engineering to review and make suggestions for streamlining the permit approval process. Staff then was directed to assemble a stakeholder group to review Subchapter 18, examine proposed amendments, and recommend modifications or additional code revisions. Staff held three meetings with this stakeholder group, which was comprised of a diverse group of seven individuals representing development, building, and environmental interests. Based on input from the stakeholder meetings, staff compiled a final list of proposed amendments to Subchapter 18. An overview of proposed amendments, along with background information, was presented to the Planning and Zoning Commission on September 26, 2007. Following the presentation, staff was directed to present the information to the development community. The information was subsequently presented during the Developers Luncheon on February 13, 2008. During this process, Staff attempted to simplify the Subchapter 18 code regulations as much as possible. However, some additions were needed to fully address new storm water permitting requirements as well as to address procedural changes in the review and permitting process. MS4 PERMIT REQUIREMENTS On August 13, 2007 the Texas Commission on Environmental Quality (TCEQ) signed into effect the Municipal Separate Storm Sewer System (MS4) permit. All cities in the State of Texas that s permit within 180 days of August 13, 2007. There is some history behind the release of the permit that is important both for context and to explain how the clearing and grading regulations of Subchapter 18 influence rmit. The United States Environmental Protection Agency (USEPA) regulates storm water quality within the United States, although regulatory authority is often relegated to the appropriate State agencies. For Texas, the TCEQ regulates storm water programs, with oversight and ultimate regulatory authority provided by the USEPA. Nationwide, the USEPA began regulating storm large construction sites (5 acres or greater) and certain industrial categories. Once this program was in place, the USEPA began to work on the next phase of implementation (Phase II), which was designed to encompass smaller cities (through the MS4 permit), small construction sites (1 acre or larger) and - mandated that all states with relegated authority were to release the Phase II construction permits, MSGPs, and MS4 permits by March 2003. The TCEQ was successful in releasing the construction permits and MSGPs by this date, but have been working on the MS4 permit ever since. The MS4 permit will present some new challenges for Denton, although the delayed release date of this permit has allowed staff to accomplish some significant preparatory work. Compliance Management Plan (SWMP), which is a locally produced plan that outlines how the municipality These six minimum measures are: 1.Public Education and Outreach 2.Public Involvement 3.Illicit Discharge Detection and Elimination 4.Construction Site Runoff Control 5.Post-Construction Stormwater Controls 6.Municipal Good Housekeeping / Pollution prevention The MS4 permit mandates both construction and post construction storm water controls. For construction sites, the for municipal review of the Storm Water Pollution Prevention Plan (SWP3), and must have inspectome of the amendments being proposed by staff are needed to meet these federal and state regulatory requirements. It is important to note that requirements set forth in the proposed amendments should not be new to developers, as construction site storm water regulations have been in place at the State level for several years. The MS4 permit, however, mandates significant municipal oversight, management, and enforcement of this program in order for the City of Denton to remain compliant. To address these requirements, the proposed amendments to Subchapter 18 include requirements for applicants to provide a copy of the Notice of Intent and Storm Water Pollution Prevention Plan for all applicable types of developments / building projects. The amendments also include State for MS4s. SUB CATEGORIES ADDED TO THE CLEARING AND GRADING APPLICATION Per the revised language in 35.18.4 No person, corporation, or other legal entity shall engage in stockpiling, excavating, grubbing, or land clearing without the required approval and permits. To help facilitate this requirement three new sub-categories of permits have been added. The conditions and scope of work allowed under each -permit are outlined below. It is important to note that all land disturbing activities will require a storm water pollution prevention plan and associated notice of intent as a condition of State law. A. Clearing and Grading Permit requires: 1.Staff review and positive recommendation by the Development Review Committee of a site plan and construction plan, as well as approval by the Planning and Zoning Commission of the final plat, if applicable; 2.Tree Removal Permit, if applicable; and 3.A pre-construction conference with Engineering for clearing and grading activities on public right-of-ways or public easements. B. Grubbing permit requires: 1. Tree Removal Permit, if applicable. C. Stockpiling and excavation permit requires: 1. Tree Removal Permit, if applicable. For clarification, the terms and associated definitions below are proposed for inclusion in the Denton Development Code, the Criteria Manual, and on the new Clearing and Grading checklist. Clearing is an intentional act to cut down or damage a tree and/or understory vegetation, to the extent that the tree and/or understory vegetation will decline or die. Clearing includes, but is not limited to, herbicide or similar chemical treatment of trees and/or understory vegetation, physical removal, damage from soil compaction, or damage due to grading. Grading is the mechanical or physical act of disturbing, moving, removing, transferring or redistributing soil. Grubbing is the mechanical or physical act of removing stumps, underbrush, and rocks, prior to clearing and grading. Grubbing does not allow for any grade changes, only vegetation removal , measured at 4.5 feet above natural grade. Imported fill Imported fill is the mechanical or physical act of bringing soil in from offsite. When stockpiling imported fill, it shall occur on private property only. Excavation is the mechanical or physical act to cut, dig, or scoop soil. Stockpiling is the holding on land of material or products such as, any soil, sand, gravel, clay, mud, debris, vegetation or any other material, organic or inorganic, in a concentrated state. STREAMLINED CLEAR AND GRADE APPLICATION PROCESS The improved clearing and grading process is outlined below: 1.Projects with a final plat may apply for a Building Permit and Clearing and Grading Permit concurrently. This was the driving force behind combining the Clear and Grade application with the Building Permit application. It is important to note that Clearing and Grading permits are for PRIVATE PROPERTY ONLY, excluding easements and/or right-of-ways. Clear and Grade permits may be approved and released while Building Permit issues are being worked out. 2.Projects that are not final platted must receive final plat approval, which clearly identifies a proposed site layout, prior to beginning any land disturbing activity of the development. 3.An early Clear and Grade permit for private property is still available prior to Building Permit issuance, on the condition that the Development Review staff approves the grading plans, erosion and sediment control plans, and tree removal, preservation, and mitigation plans. With staff approval for code compliance, the early Clear and Grade permit may be released prior to construction plan submittals for Building Permit review. 4.Any development with public improvements may receive the Clearing and Grading permit concurrently with permission to begin work on public improvements, on the condition that Engineering staff approves the 3-way contracts, approves the construction plans, and the 3.5% inspection fees are paid. At the Engineering pre-construction meeting for public improvements, the Urban Forester or Landscape Administrator will also verify if payment into the Tree Fund is required in lieu of on- site mitigation for trees lost during construction of the development. 5.All projects will require municipal inspection and enforcement for erosion and sediment control on private and public property in order for the City to meet the Phase II storm water regulations. PRIOR ACTION/REVIEW April 14, 2006 Planning and Zoning Work Session August 3, 2006 Denton Development Code Meeting November 2, 2006 Denton Development Code Meeting September 26, 2007 Planning and Zoning Commission Work Session August 27, 2008 Planning and Zoning Commission Work Session September 10, 2008 Planning and Zoning Commission Public Hearing September 24, 2008 Planning and Zoning Commission Work Session October 8, 2008 Planning and Zoning Commission Work Session October 22, 2008 Planning and Zoning Commission Public Hearing OPTIONS 1.Direct staff to proceed with the proposed amendments 2.Direct staff to proceed with the proposed amendments with changes 3.Direct staff to take another direction RECOMMENDATION The Planning and Zoning Commission recommended approval of the proposed amendments (7-0). EXHIBITS 1.Current Subchapter 18 with changes highlighted 2.Description of Subchapter 18 Revisions 3.September 10, 2008 Planning and Zoning Commission Minutes 4.October 22, 2008 Planning and Zoning Commission Minutes 5.Subchapter 18 Revised Draft 6.Draft Clearing and Grading Permit Checklist 7.Draft Process Flow Chart Prepared by: Respectfully submitted: Ron Menguita Mark Cunningham Planning Supervisor Director of Planning and Development EXHIBIT 1 Subchapter 18 Development Code Subchapter 18 – Land Disturbing Activities Sections: íëòïèòï Ы®°±» íëòïèòî ß°°®±ª¿´ ¿²¼ л®³·¬ λ¯«·®»¼ íëòïèòí Û¨»³°¬·±² ß°°´·½¿¬·±² íëòïèòì íëòïèòë ͬ¿²¼¿®¼ íëòïèòê д¿² Ûª¿´«¿¬·±² Ý®·¬»®·¿ 35.18.1 Purpose. ßòЮ»»®ª» ¿²¼ »²¸¿²½» ¬¸» Ý·¬§ ±º Ü»ÏÉÎÏiÊ ÏÜÉÈËÜÑ ÚÕÜËÜÚÉØË ÛÄ ÍËØÇØϬ·²¹ «²¬·³»´§ ¿²¼ ·²¼·½®·³·²¿¬» ®»³±ª¿´ ±® ¼»¬®«½¬·±² ±º ¬®»»ô «²¼»®¬±®§ô ¿²¼ ¹®±«²¼ ½±ª»®å »²ª·®±²³»²¬¿´´§ »²·¬·ª» ¿®»¿ øÛÍß÷ ¾§ ®»¹«´¿¬·²¹ ´¿²¼ ÞòЮ±¬»½¬ ¿²¼ °®»»®ª» ¬¸» »½±´±¹·½¿´ º«²½¬·±² ±º ¼·¬«®¾¿²½» ¿²¼ ®»³±ª¿´ ¿²¼ °®»ª»²¬ ¼¿³¿¹» ¬± ¿²¼ «²²»½»¿®§ ®»³±ª¿´ ±º ª»¹»¬¿¬·±² ©·¬¸·² ¬¸» ÛÍß ¼«®·²¹ ¬¸» ´¿²¼ ¼»ª»´±°³»²¬ ¿²¼ ½±²¬®«½¬·±² °®±½»å ÝòЮ±¬»½¬ ¬¸» ½·¬§ º®±³ »¼·³»²¬ ¬¸¿¬ º·²¼ ·¬ ©¿§ ·²¬± ¬®»»¬ô ¬±®³ »©»®ô ¼·¬½¸» ¿²¼ ¬®»¿³ô ¿²¼ ©¸·½¸ ¿²¼ ¿ ®»¼«½¬·±² ·² ³¿§ ®»«´¬ ·² ¿¼¼·¬·±²¿´ ¬¿¨» º±® ½·¬§ ³¿·²¬»²¿²½» ½±¬ô ·²½®»¿»¼ º´±±¼·²¹ô ·³°¿·®»¼ å ©¿¬»® ¯«¿´·¬§ô ¿²¼ ¼¿³¿¹» ¬± °®±°»®¬§ Üòλ¼«½» »¼·³»²¬ ¿½½«³«´¿¬·±² ·² ¬®»¿³ô ´¿µ» ¿²¼ ®·ª»® ©¸·½¸ ®»¼«½» ¬¸»·® ½¿°¿½·¬§ ¿²¼ ½¿² ®»«´¬ ·² ·²½®»¿»¼ º´±±¼·²¹ô ·³°¿·® ©¿¬»® ¯«¿´·¬§ ¿²¼ ¼¿³¿¹» °®±°»®¬§ô ¬¸« ®»¼«½·²¹ ·¬ «» ¿²¼ ª¿´«»å Ю±³±¬» ±·´ ½±²»®ª¿¬·±² ¾§ ³·²·³·¦·²¹ ´¿²¼ ¼·¬«®¾¿²½»ô ¬¸»®»¾§ ®»¼«½·²¹ »¼·³»²¬¿¬·±²ô ¿·®ô ¿²¼ «®º¿½» ©¿¬»® °±´´«¬·±²å ¿²¼ Ûòλ¼«½» »¼·³»²¬ô ©¸·½¸ · ¿ ³¿¶±® °±´´«¬¿²¬ ¾§ ª±´«³»ô ±º «®º¿½» ©¿¬»® ·² Ü»²¬±²ò Ю±³±¬» »¼·³»²¬ ®»¼«½¬·±² ¬¸®±«¹¸ ·¬» ¼»·¹²ô ¹®¿¼·²¹ ¿²¼ ¾«·´¼·²¹ °®¿½¬·½» ·² ±®¼»® ¬± °®±¬»½¬ ¿¹¿·²¬ ¬¸» ¼»¹®¿¼¿¬·±² ±º ¿¯«¿¬·½ ±®¹¿²·³ ¿²¼ º·¸ô ©¸·½¸ ¼»½®»¿» ®»½®»¿¬·±²¿´ ª¿´«» ¿²¼ ©¸·½¸ °®±³±¬» ¬¸» ¹®±©¬¸ ±º ©»»¼ ¿²¼ ¿´¹¿»ô ¬¸« ®»¼«½·²¹ ¬¸» ©¿¬»® ²¿¬«®¿´ ¿¾·´·¬§ ¿ ¿ º·´¬»®å ݱ³°´§ ©·¬¸ ͬ¿¬» ¿²¼ Ú»¼»®¿´ ¬±®³ ©¿¬»® ®»¹«´¿¬·±²ò ÚòЮ±³±¬» ±·´ ½±²»®ª¿¬·±² ¾§ ³·²·³·¦·²¹ ²¿¬«®¿´ ¬»®®¿·² ¼·¬«®¾¿²½»ô ¬¸»®»¾§ ®»¼«½·²¹ »¼·³»²¬¿¬·±²ô ¿²¼ ¿·® ¿²¼ «®º¿½» ©¿¬»® °±´´«¬·±²ò 35.18.2 Approval and Permit Required. Ò± °»®±²ô ½±®°±®¿¬·±²ô ±® ±¬¸»® ´»¹¿´ »²¬·¬§ ¸¿´´ »²¹¿¹» ·² ¬±½µ°·´·²¹ô ¹®«¾¾·²¹ô ±® ®»³±ª¿´ ±º ¬®»»ô ´¿²¼ ½´»¿®·²¹ ¬§ ß½¬·ª·¬·» ¸¿´´ ¾» ´·³·¬»¼ ¬± ¿²¼ ¹®¿¼·²¹ ©·¬¸±«¬ ¬¸» ®»¯«·®»¼ ¿°°®±ª¿´ ¿²¼ °»®³·¬ò Ý´»¿®·²¹ ¿²¼ ¹®¿¼·²¹ ¿½¬·ª· ¿®»¿ ¿²¼ ½±°» ·¼»²¬·º·»¼ ±² ¬¸» °´¿² «¾³·¬¬»¼ ©·¬¸ ¬¸» ¿°°®±ª»¼ ¹®¿¼·²¹ °´¿² °»®³·¬ô ¿²¼ ¬¸» ´·³·¬ ±º ¹®¿¼·²¹ ¸¿´´ ½±³°´§ ©·¬¸ ͬ¿¬» ¿²¼ Ú»¼»®¿´ ¬±®³ ©¿¬»® ®»¹«´¿¬·±²ò ß ½´»¿®·²¹ ¿²¼ ¹®¿¼·²¹ °»®³·¬ · ®»¯«·®»¼ ·² ¬¸» ½·¬§ ¿²¼ ¸¿´´ ½±³°´§ ©·¬¸ ¬¸» º±´´±©·²¹ ̸»®» ¿®» ¬¸®»» ¬§°» ±º °»®³·¬ ½±ª»®»¼ ¾§ ¬¸· «¾»½¬·±²æ ß°°®±ª¿´ ±º ¿ Ì®»» Ю±¬»½¬·±² д¿²å ßò ß°°®±ª¿´ ±º ¿ Í·¬» д¿²å Þò Ýòß°°®±ª¿´ ±º ¿² Û®±·±² ݱ²¬®±´ д¿²å Üòß°°®±ª¿´ ¾§ ¬¸» Ü»ª»´±°³»²¬ λª·»© ݱ³³·¬¬»» ±º ¿ Ú·²¿´ д¿¬å ß°°®±ª¿´ ±º ¿² Û²ª·®±²³»²¬¿´´§ Í»²·¬·ª» ß®»¿ ®»ª·»©å ¿²¼ Ûò ر´¼·²¹ ¿ °®»ó½±²¬®«½¬·±² ½±²º»®»²½» ©·¬¸ ¬¸» Û²¹·²»»®·²¹ Ü»°¿®¬³»²¬ò Úò 18-1 Subchapter 18 Development Code ßò Ý´»¿®·²¹ ¿²¼ Ù®¿¼·²¹ л®³·¬ ®»¯«·®»æ ïòͬ¿ºº ®»ª·»© ¿²¼ °±·¬·ª» ®»½±³³»²¼¿¬·±² ¾§ ¬¸» Ü»ª»´±°³»²¬ λª·»© ݱ³³·¬¬»» ±º ¿ ·¬» °´¿² ¿²¼ ½±²¬®«½¬·±² °´¿²ô ¿ ©»´´ ¿ ¿°°®±ª¿´ ¾§ ¬¸» д¿²²·²¹ ¿²¼ Ʊ²·²¹ ݱ³³··±² ±º ¬¸» º·²¿´ °´¿¬ô ·º ¿°°´·½¿¾´»å îòÌ®»» λ³±ª¿´ л®³·¬ô ·º ¿°°´·½¿¾´»å ¿²¼ íòß °®»ó½±²¬®«½¬·±² ½±²º»®»²½» ©·¬¸ Û²¹·²»»®·²¹ º±® ½´»¿®·²¹ ¿²¼ ¹®¿¼·²¹ ¿½¬·ª·¬·» ±² °«¾´·½ ®·¹¸¬ó±ºó ©¿§ ±® °«¾´·½ »¿»³»²¬ò Þò Ù®«¾¾·²¹ л®³·¬ ®»¯«·®»æ ïòÌ®»» λ³±ª¿´ л®³·¬ô ·º ¿°°´·½¿¾´»ò Ýò ͬ±½µ°·´·²¹ ¿²¼ Û¨½¿ª¿¬·±² л®³·¬ ®»¯«·®»æ ïòÌ®»» λ³±ª¿´ л®³·¬ô ·º ¿°°´·½¿¾´»ò 35.18.3 Exemptions. ̸» º±´´±©·²¹ ¸¿´´ ¾» »¨»³°¬ º®±³ ¬¸» °®±ª··±² ±º ¬¸· Í«¾½¸¿°¬»®æ ßòÙ®¿¼·²¹ ¿²¼ ½´»¿®·²¹ ·² »³»®¹»²½§ ·¬«¿¬·±² ·²ª±´ª·²¹ ·³³»¼·¿¬» ¼¿²¹»® ¬± ´·º» ¿²¼ °®±°»®¬§ ±® «¾¬¿²¬·¿´ º·®» ¸¿¦¿®¼ò ÞòÙ®¿¼·²¹ ±º ±²» øï÷ ¿½®» ±® ´» ±² ¿ ·²¹´» ´±¬ô «²¼»® ±²» ±©²»®¸·°ô º±® ¬¸» °«®°±» ±º ½±²¬®«½¬·±²ô ´¿²¼½¿°·²¹ ¿²¼ñ±® ¿±½·¿¬»¼ ·³°®±ª»³»²¬ º±® ¿ ·²¹´»óº¿³·´§ ®»·¼»²½» ¬± ¾» ½±²¬®«½¬»¼ ¿ ·²¼·½¿¬»¼ ±² ¬¸» °´¿² «¾³·¬¬»¼ ¬± ¬¸» ¾«·´¼·²¹ ±ºº·½·¿´ ©·¬¸ ¿² ¿°°´·½¿¬·±² º±® ¿ ¾«·´¼·²¹ °»®³·¬ò Í«½¸ »¨»³°¬·±² ¸¿´´ ²±¬ ¾» ¿°°´·½¿¾´» ©¸»² ¬¸» ¿¾±ª»ó³»²¬·±²»¼ ¹®¿¼·²¹ ¿½¬·ª·¬§ ©±«´¼ ¼·®»½¬´§ ·²ª±´ª» »²ª·®±²³»²¬¿´´§ »²·¬·ª» ¿®»¿ ¿²¼ °¿®½»´ ±® ´±¬ ©¸»®» ¬¸» °®»¼±³·²¿²¬ ´±°» · ·² »¨½» ±º ïë °»®½»²¬å ß²§ ¿½¬·ª·¬§ ©¸»®» ¬¸» ¬±¬¿´ ª±´«³» ±º ³¿¬»®·¿´ ¼·¬«®¾»¼ô ¬±®»¼ô ¼·°±»¼ ±º ±® «»¼ ¿ º·´´ ¼±» ²±¬ »¨½»»¼ îë ½«¾·½ §¿®¼ ¿²¼ ¬¸» ¿®»¿ ¼·¬«®¾»¼ ¼±» ²±¬ »¨½»»¼ îôðð𠯫¿®» º»»¬ °®±ª·¼»¼ ·¬ ¼±» ²±¬ ±¾¬®«½¬ ¿ ©¿¬»® ½±«®» ¿²¼ · ²±¬ ´±½¿¬»¼ ·² ¿ º´±±¼°´¿·² ±® ±¬¸»® »²ª·®±²³»²¬¿´´§ »²·¬·ª» ¿®»¿ò Ю±¶»½¬ ¸¿´´ ½±³°´§ ©·¬¸ ¬¿¬» ¿²¼ º»¼»®¿´ ®»¹«´¿¬·±²ò Ýòß²§ ²±²ó®»·¼»²¬·¿´ ¿½¬·ª·¬§ ©¸»®» ¬¸» ¬±¬¿´ ª±´«³» ±º ³¿¬»®·¿´ ¼·¬«®¾»¼ô ¬±®»¼ô ¼·°±»¼ ±º ±® «»¼ ¿ º·´´ ¼±» ²±¬ »¨½»»¼ ïð𠽫¾·½ §¿®¼ ±® ¬¸» ¿®»¿ ¼·¬«®¾»¼ ¼±» ²±¬ »¨½»»¼ ïôðð𠯫¿®» º»»¬ °®±ª·¼»¼ ·¬ ¼±» ²±¬ ±¾¬®«½¬ ¿ ©¿¬»® ½±«®» ¿²¼ · ²±¬ ´±½¿¬»¼ ·² ¿² »²ª·®±²³»²¬¿´´§ »²·¬·ª» ¿®»¿ò ͱ·´ ¼·¬«®¾·²¹ ¿½¬·ª·¬·»ô »¨½´«¼·²¹ ¬®»» ®»³±ª¿´ô ¬¸¿¬ ¿®» ¿±½·¿¬»¼ ©·¬¸ ²±®³¿´ ¿¹®·½«´¬«®¿´ ½®±° ±°»®¿¬·±²ò ¬± ´·º» ¿²¼ Üò̸» ®»³±ª¿´ ±º «²¼»®¾®«¸ô ¼»¿¼ ¬®»» ±® ¼·»¿»¼ ±® ¼¿³¿¹»¼ ¬®»» ©¸·½¸ ½±²¬·¬«¬» ¿ ¸¿¦¿®¼ °®±°»®¬§ ¾¿»¼ «°±² ¿ º·»´¼ ·²°»½¬·±² ª»®·º·½¿¬·±²åͬ±½µ°·´·²¹ ¿²¼ ¸¿²¼´·²¹ ±º »¿®¬¸ ³¿¬»®·¿´ ¿±½·¿¬»¼ ©·¬¸ ½±³³»®½·¿´ ¯«¿®®§ ¿²¼ ´¿²¼º·´´ ±°»®¿¬·±² ´·½»²»¼ «²¼»® ¬¸» ͬ¿¬»ò ®¿´ ½®±° ±°»®¿¬·±²ô »¨½´«¼·²¹ ¬·³¾»® ÛòÙ®¿¼·²¹ ¿²¼ ½´»¿®·²¹ °®¿½¬·½» ¿±½·¿¬»¼ ©·¬¸ ²±®³¿´ ¿¹®·½«´¬« ½«¬¬·²¹å Ю±¶»½¬ ©·¬¸ ¿² ¿°°®±ª»¼ Þ«·´¼·²¹ л®³·¬ò Úòͬ±½µ°·´·²¹ ¿²¼ ¸¿²¼´·²¹ ±º »¿®¬¸ ³¿¬»®·¿´ ¿±½·¿¬»¼ ©·¬¸ ½±³³»®½·¿´ ¯«¿®®§ ¿²¼ ´¿²¼º·´´ ±°»®¿¬·±² ´·½»²»¼ «²¼»® ¬¸» ͬ¿¬»ò Ì®»» ¬®¿²°´¿²¬·²¹ ±°»®¿¬·±² ¿ ¿´´±©»¼ ¾§ ¬¸· ݸ¿°¬»®ò Ùò 18-2 Subchapter 18 Development Code 35.18.4 Applications. л®³·¬ ¿°°´·½¿¬·±² ¿²¼ ®»¯«·®»³»²¬ô °®±½»·²¹ ±º ¿°°´·½¿¬·±²ô ¿²¼ ½±²¼·¬·±² ±º ·«¿²½» ¿®» ¿ º±´´±©æ ß² ¿°°´·½¿¬·±² ¿´±²¹ ©·¬¸ ¬¸» ®»¯«·®»¼ º»» º±® ¿ ½´»¿®·²¹ ¿²¼ ßò˲´» °®»ª·±«´§ ¿°°®±ª»¼ ¬¸®±«¹¸ ÜÎÝ ¿² ¹®¿¼·²¹ °»®³·¬ ¸¿´´ ¾» «¾³·¬¬»¼ ·² ¿½½±®¼¿²½» ©·¬¸ ¬¸» ß°°´·½¿¬·±² Ý®·¬»®·¿ Ó¿²«¿´ò Þòß²§ °»®³·¬ ¹®¿²¬»¼ «²¼»® ¬¸· Í«¾½¸¿°¬»® ¸¿´´ »¨°·®» ±²» §»¿® º®±³ ¬¸» ¼¿¬» ±º ·«¿²½»ò Ë°±² ¿ ¸±©·²¹ ±º ±²¹±·²¹ ½±²¬®«½¬·±² ¿½¬·ª·¬§ô ¬¸» °»®³·¬ ³¿§ ¾» »¨¬»²¼»¼ ¾§ ¬¸» ¾«·´¼·²¹ ±ºº·½·¿´ º±® ±²» êó ³±²¬¸ °»®·±¼ ¿²¼ º±® ¿² 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·²½´«¼·²¹ ·¬» ¼»·¹² ¬¸¿¬ ·³°®±ª» ¬¸» ½¸¿²½» º±® ¬®»» «®ª·ª¿´ò êò Ì»³°±®¿®§ ¬®»» °®±¬»½¬·±² ³»¬¸±¼ ¿®» ¿¼»¯«¿¬»´§ »³°´±§»¼ò éò èòݱ²¬®«½¬·±² ³»¬¸±¼ º±® «¬·´·¬§ »®ª·½» ¬± ¬¸» ·¬» ¿®» «»¼ ¬¸¿¬ ¿´´±© °®±¬»½¬·±² ¿²¼ °®»»®ª¿¬·±² ±º ¿¼¼·¬·±²¿´ ¬®»»ô «½¸ ¿ô ¬«²²»´·²¹ «²¼»® ¬¸» ½®·¬·½¿´ ®±±¬ ¦±²»ô ¬®»» ©¿´´ô ±® ¬®»» ©»´´ò ˬ·´·¬§ ¬®»²½¸·²¹ ¿½¬·ª·¬·» ¿®» ·²¼·½¿¬»¼ ±² ¬¸» °´¿²ò çò ßò ̸» Ý·¬§ ³¿§ ¼»²§ ¬¸» ¿°°®±ª¿´ ±º ¿²§ ½´»¿®·²¹ ¿²¼ ¹®¿¼·²¹ °»®³·¬ô ¾«·´¼·²¹ °»®³·¬ô ·¬» ¼»ª»´±°³»²¬ °´¿²ô ¿²¼ ¿²§ ±¬¸»® Ý·¬§ ¿°°®±ª¿´ ²»½»¿®§ ¬± ½±³³»²½» ±® ½±²¬·²«» ½±²¬®«½¬·±² ±® ¬± ¿«³» ±½½«°¿²½§ô ±² ¬¸» ¹®±«²¼ ¬¸¿¬ ·¬» »®±·±² ±® »¼·³»²¬ ½±²¬®±´ ¿®» ¼»¬»®³·²»¼ ²±¬ ¬± ®»¼«½» ¬¸» ¼·½¸¿®¹» ±® »¼·³»²¬ô ·´¬ô »¿®¬¸ô ±·´ ±® ±¬¸»® ³¿¬»®·¿´ ¿±½·¿¬»¼ ©·¬¸ ´¿²¼ ¼·¬«®¾¿²½» ¬± ¬¸» ³¿¨·³«³ »¨¬»²¬ °®¿½¬·½¿¾´»ò Þò ׺ ¿ °»®³·¬¬»» ø±® ·¬ ±ºº·½»®ô »³°´±§»»ô ¿¹»²¬ô ½±²¬®¿½¬±®ô «¾½±²¬®¿½¬±®ô ±® ®»°®»»²¬¿¬·ª»÷ º¿·´ ¬± ½±³°´§ ©·¬¸ ¿²§ ®»¯«·®»³»²¬ ±º ¬¸· «¾½¸¿°¬»® ø·²½´«¼·²¹ ¿²§ ®»¯«·®»³»²¬ ·²½±®°±®¿¬»¼ ¾§ ®»º»®»²½»÷ô ¿ ®»°®»»²¬¿¬·ª» º®±³ ¬¸» Ý·¬§ ¸¿´´ ¹·ª» ²±¬·½» ¬± ¬¸» °»®³·¬¬»» °»½·º§·²¹ ¬¸» ²¿¬«®» ¿²¼ »¨¬»²¬ ±º ¬¸» ¿´´»¹»¼ º¿·´«®»ô ¬¸» »¨¬»²¬ ±º »ºº±®¬ ®»¯«·®»¼ ¬± ½«®» ¬¸» º¿·´«®»ô ¬¸» »¬¿¾´·¸»¼ ½«®» °»®·±¼ô ¿²¼ ¬¸» °±¬»²¬·¿´ ·³°¿½¬ ±² ¬¸» ¸»¿´¬¸ô ¿º»¬§ô ±® ©»´º¿®» ±º ¬¸» ½±³³«²·¬§ò ̸» ½«®» °»®·±¼ ©·´´ ¾» »¬¿¾´·¸»¼ 18-5 Subchapter 18 Development Code ¾§ ¬¸» Ý·¬§ ®»°®»»²¬¿¬·ª»ô ¿²¼ ©·´´ ¹»²»®¿´´§ ²±¬ ¾» ´» ¬¸¿² ìè ¸±«® «²´» ¬¸» ¿´´»¹»¼ º¿·´«®» ®»°®»»²¬ ¿ ®·µ ±º ¼»¬®«½¬·±² ±º °®±°»®¬§ ±® ·²¶«®§ ¬± °»®±²ò ̸» ½«®» °»®·±¼ ³¿§ ¾» »¨¬»²¼»¼ º±® ·²½´»³»²¬ ©»¿¬¸»® ±® ±¬¸»® º¿½¬±® ¿¬ ¬¸» ¼·½®»¬·±² ±º ¬¸» Ý·¬§ ®»°®»»²¬¿¬·ª»ò Ýò ׺ ¬¸» °»®³·¬¬»» ¼±» ²±¬ ½«®» ¬¸» ¿´´»¹»¼ º¿·´«®» ©·¬¸·² ¬¸» ¬·³» º®¿³» °»½·º·»¼ ¾§ ¬¸» Ý·¬§ ®»°®»»²¬¿¬·ª»ô ¬¸» Ý·¬§ ³¿§æ ïò Ò±¬·º§ ¬¸» ÌÝÛÏ ¿²¼ ®»¯«»¬ ¬¸¿¬ ¬¸» ÌÝÛÏ ¬¿µ» ¿°°®±°®·¿¬» ¿½¬·±²å ¿²¼ îò ׫» ¿ ͬ±° ɱ®µ Ñ®¼»® ¿²¼ ³¿§ »²º±®½» ¬¸» °»²¿´¬§ °®±ª··±² ±º Í«¾»½¬·±² íëòïòïðòì ±º ¬¸» Ü»²¬±² Ü»ª»´±°³»²¬ ݱ¼» ¿¹¿·²¬ ¬¸» °»®³·¬¬»» ±® ·¬» ±°»®¿¬±®ô ±® ¾±¬¸ò Üò ͸±«´¼ ¬¸» °»®³·¬¬»» º¿·´ ·² ¿²§ ®»°»½¬ ¬± º«´º·´´ ¬¸» ®»¯«·®»³»²¬ ±º ¬¸· ¿®¬·½´»ô ¬¸» Ý·¬§ ³¿§ ¹± ±² ¬± ¬¸» °®±°»®¬§ ·² ¯«»¬·±² ¿²¼ °»®º±®³ «½¸ ©±®µ ¿ ³¿§ ¾» ²»½»¿®§ ¬± º«´º·´´ «½¸ ®»¯«·®»³»²¬ô ·²½´«¼·²¹ ¾«¬ ²±¬ ´·³·¬»¼ ¬± ´»ª»´·²¹ ¹®±«²¼ô »¬¿¾´·¸·²¹ ¬»³°±®¿®§ ¬¿¾·´·¦¿¬·±²ô ½±²¬®«½¬·²¹ »®±·±² ½±²¬®±´ô ¿²¼ ®»³±ª·²¹ ¿´´ ±·´ô ®±½µô ¼»¾®·ô ¿²¼ ±¬¸»® ³¿¬»®·¿´ ²±¬ «·¬¿¾´» º±® º·´´ ¿¬ ÉÕØ ÍØËÐÔÉÉØØiÊ ØÅÍØÏÊØ éÕØ úÔÉÄ ¸¿´´ ¾·´´ ¬¸» °»®³·¬¬»» º±® ¬¸» »¨°»²» ·²½«®®»¼ò ׺ ¬¸» °»®³·¬¬»» º¿·´ ¬± °¿§ ¬¸» Ý·¬§ º±® «½¸ »¨°»²» ©·¬¸·² í𠼿§ ±º ¾»·²¹ ¾·´´»¼ º±® ¿³»ô ¬¸» Ý·¬§ ¸¿´´ ¸¿ª» ¬¸» ®·¹¸¬ ¬± °´¿½» ¿ ´·»² ±² ¬¸» °®±°»®¬§ º±® ¿´´ ¿³±«²¬ »¨°»²¼»¼ ¾§ ¬¸» Ý·¬§ô °´« ·²¬»®»¬ ¿¬ ¬¸» ½«®®»²¬ ´¿©º«´ ®¿¬»ò Ûò ̸» ®»³»¼·» °®±ª·¼»¼ ¾§ ¬¸· Í»½¬·±² ¿®» ·² ¿¼¼·¬·±² ¬± ¿²§ ±¬¸»® ®»³»¼·» ¼»½®·¾»¼ ·² ¬¸· Ü»ª»´±°³»²¬ ݱ¼»ò Û¨»®½·» ±º ¬¸· ®»³»¼§ ¸¿´´ ²±¬ ¾» ¿ ¾¿® ¿¹¿·²¬ô ²±® ¿ °®»®»¯«··¬» º±®ô ¬¿µ·²¹ ±¬¸»® ¿½¬·±² ¿¹¿·²¬ ¬¸» ª·±´¿¬±®ô ·²½´«¼·²¹ ½·ª·´ »²º±®½»³»²¬ ®»³»¼·»ò 18-6 EXHIBIT 2 DESCRIPTION OF SUBCHAPTER 18 REVISIONS Section of Code Reason for revision 35.18.1 B Original text did not recognize the ecological component of ESAs. Remaining text was modified to improve clarity 35.18.1 C Modified to improve clarity. The term “aesthetic value” was added to previous versions in reference to the loss of aesthetic value of surface waters due to increased sedimentation. This term was removed in the latest version due to concerns voiced during the P&Z public hearing 35.18.1 D Re-written to improve clarity and remove redundant text. 35.18.1 D and E (redlined section) Removed – Redundant 35.18.1.E Added to acknowledge the purpose of compliance with State and Federal storm water regulations. 35.18.2 Text modifications in introductory paragraph were made for clarification and to recognize that there are now 4 permit types, not just a single C&G. The “approval” conditions outlined in A through F have been moved to other sections of the subchapter specific to each permit type. These conditions will be reiterated in the application checklist that will be developed to accompany this subchapter 35.18.2 “Approval and Permit Required” items A, This text describes the review and approval B, C, and D requirements for each of the permit types. The main intent of this section is to describe the differences in requirements between a C&G with and without public improvements, and to note that the grubbing and stockpiling permits will simply require the applicant to meet the conditions of the “Applications” section and obtain a tree removal permit if applicable. Note that the final plat approval is required for issuance of the C&G permit, which ensures that the final plat and all associated final plat conditions are approved before land disturbing activities occur. 35.18.3 “Exemptions” Items B and C have been combined into a single requirement. In the current code, exemptions for residential grading are provided for 1 acre or less. Land disturbing activities for non-residential land uses are currently exempt for anything not exceeding 1,000 square feet of disturbance or 100 cubic yards of soil. Staff combined these two requirements into a single requirement of not to exceed 2,000 square feet or 25 cubic yards, for both residential and non-residential. This was done for several reasons. First, there is no clear logic for п¹»ï the different exemption conditions between residential and non-residential that are currently in the code. Second, if the “less than one acre” exemption for residential remained, staff felt like there would be a great deal of confusion between this exemption and the requirement by the State for a site to abide by state storm water requirements for ANY land disturbing situation (regardless of size) if the site falls under the definition of a larger common plan of development. The intent of the original code was to facilitate improvements on a residential property and to allow some disturbances on non-residential properties. The proposed language will allow a relatively large building to be built (2000 square feet) or a swimming pool to be built (25 cubic yards of soil) on a property, and there is nothing to prevent the applicant from performing these activities multiple times. Because of the amount of soil disturbed and the potential effects of this disturbed soil on adjacent land owners, staff felt that any land disturbing activities that are larger than these thresholds should be required to have a C&G permit. The remaining revisions to these sections were made to remove extraneous text and include the original agriculture, commercial quarry, and landfill operations. Tree transplanting operations was removed to eliminate redundancies with Subchapter 13. 35.18.4 “Applications” A Remove the ambiguity associated with the “approved by DRC” text and removed the clearing and grading permit text due to the fact that the code revisions now have 4 permit types, not just a C&G 35.18.4 “Applications” C and D Replaced Director of Planning with Building Official to align with current procedural approaches and remove the “dual roles” in the current code, and combined with “suspension and revocation clause” in D. 35.18.5 “Standards” First paragraph modified to reference the Site Design Criteria Manual for detailed criteria for approval of a C&G permit. The general regulations are then referenced and pertain to all permits. 35.18.5.A “General Regulations” items 1 through 3 “Grading” changed to activities and “grading operations” changed to “operations” for consistency and in recognition of the several permit types outlined in the proposed amendments п¹»î 35.18.5.A “General Regulations” item 4 This section was re-written to provide some regulation for removal of temporary erosion and sediment controls, as well as trash and other material not suitable for fill. Both issues are chronic problems with development sites in Denton. 35.18.5.A “General Regulations” item 5 Soil, rock, mud, and other construction debris is being placed or directed into streets, alleys, easements, and drainage facilities is also a chronic problem in the City. This text was added to provide some regulatory oversight / enforcement. 35.18.5.A “General Regulations” item 6 and 7 Added to specifically outline the TCEQ requirement for a Construction Site Notice see (TXR150000, Part II, Section E.2.c <page 16>) or Notice of Intent (TXR150000, Part II, Section E.2.e <page 17>) 35.18.5.A. “General regulations”, item 8 Addedto meet the requirement from the State for the local ordinance to have an “inspection and enforcement” component. 35.18.5.A “General Regulations”, item 9 Added due to staff concerns about phased occupancy without adequate permanent erosion and sediment controls for non-residential / multi-family developments 35.18.5.A “General Regulations”, item 10 Added to ensure that there is no gap in operational control and SWPPP responsibility during all phases of residential development. This issue has been a chronic problem in Denton, due in part to the ambiguities concerning stormwater responsibilities as a residential subdivision transfers from being the responsibility of a developer to the responsibility of individual builders. This issue is briefly addressed in TXR150000, Part I, Section F.4 <page 21>. Item 10 ensures that operational control is maintained from development through occupancy. 35.18.5.A “General Regulations”, item 11 Added to specifically require that temporary erosion and sediment control devices are removed by the responsible party, as identified on the SWPPP for the site. The removal of these devices is a chronic problem. 35.18.5.B “General Regulations – cuts and fills Removed due to redundancy with SC18 and Design Criteria Manual 35.18.5.C “Establishing Temporary Stabilization Staff has made some modifications to this section Measures based on recommendations of the P&Z th Commission made during the September 10 Public Hearing and subsequent evaluation of the requirements of TXR150000. The current code requires establishment of groundcover for disturbed areas not intended to be developed within 30 days. TXR150000 requirements are outlined in Part III, Section F.2.b.iii. <page 30> п¹»í The requirements of TXR150000 are somewhat ambiguous, and require stabilization to occur as soon as possible in portions of a site where construction has temporarily ceased. The requirement outlined in TXR150000 is for stabilization to be initiated no more than 14 days after the construction on a disturbed portion of a site has either temporarily or permanently ceased. However, TXR150000 then provides an exception for this requirement, stating that stabilization is not needed in situations “Where construction activity on a portion of the site has temporarily ceased, and earth disturbing activities will be resumed within 21 days, temporary erosion control and sedimentation measures are not required on that portion of the site”. These seemingly conflicting code issues have caused a problem. The most common interpretation is “stabilization must occur within 21 days”. However, others have argued that the correct interpretation is 14 days (the original requirement ) PLUS 21 days (the exception requirement) for a total of 35 days. Staff contacted TCEQ and confirmed that the State’s interpretation of the timeframe is 21 days. The current requirement for stabilization measures in SC18 is 30 days. Staff has revised the language in this section to be more consistent with TXR150000 by changing the requirement to “temporary stabilization”, including all types of temporary stabilization items listed in TXR150000, and changing the text to reflect the 21 day timeframe. 35.18.6 Plan evaluation criteria has been moved to the Criteria Manual. Remedies of the City were added to meet the enforcement measures that the TCEQ requires the City of Denton to have to maintain compliance with TXR040000 (the “MS4” permit). п¹»ì EXHIBIT 5 Subchapter 18 Development Code Subchapter 18 – Land Disturbing Activities Sections: íëòïèòï Ы®°±»ò íëòïèòî ß°°®±ª¿´ ¿²¼ л®³·¬ λ¯«·®»¼ò íëòïèòí Û¨»³°¬·±²ò íëòïèòì ß°°´·½¿¬·±²ò íëòïèòë ͬ¿²¼¿®¼ò íëòïèòê λ³»¼·» ±º ¬¸» Ý·¬§ò 35.18.1 Purpose. ßòЮ»»®ª» ¿²¼ »²¸¿²½» ¬¸» Ý·¬§ ±º Ü»ÏÉÎÏiÊ ÏÜÉÈËÜÑ ÚÕÜËÜÚÉØË ÛÄ ÍËØÇØϬ·²¹ «²¬·³»´§ ¿²¼ ·²¼·½®·³·²¿¬» ®»³±ª¿´ ±® ¼»¬®«½¬·±² ±º ¬®»»ô «²¼»®¬±®§ô ¿²¼ ¹®±«²¼ ½±ª»®å ÞòЮ±¬»½¬ ¿²¼ °®»»®ª» ¬¸» »½±´±¹·½¿´ º«²½¬·±² ±º »²ª·®±²³»²¬¿´´§ »²·¬·ª» ¿®»¿ øÛÍß÷ ¾§ ®»¹«´¿¬·²¹ ´¿²¼ ¼·¬«®¾¿²½» ¿²¼ ®»³±ª¿´ ±º ª»¹»¬¿¬·±² ©·¬¸·² ¬¸» ÛÍßå ÝòЮ±¬»½¬ ¬¸» ½·¬§ º®±³ »¼·³»²¬ ¬¸¿¬ º·²¼ ·¬ ©¿§ ·²¬± ¬®»»¬ô ¬±®³ »©»®ô ¼·¬½¸» ¿²¼ ¬®»¿³ô ©¸·½¸ ³¿§ ®»«´¬ ·² ¿¼¼·¬·±²¿´ ¬¿¨» º±® ½·¬§ ³¿·²¬»²¿²½» ½±¬ô ·²½®»¿»¼ º´±±¼·²¹ô ·³°¿·®»¼ ©¿¬»® ¯«¿´·¬§ô ¿²¼ ¼¿³¿¹» ¬± °®±°»®¬§å ÜòЮ±³±¬» ±·´ ½±²»®ª¿¬·±² ¾§ ³·²·³·¦·²¹ ´¿²¼ ¼·¬«®¾¿²½»ô ¬¸»®»¾§ ®»¼«½·²¹ »¼·³»²¬¿¬·±²ô ¿·®ô ¿²¼ «®º¿½» ©¿¬»® °±´´«¬·±²å ¿²¼ Ûòݱ³°´§ ©·¬¸ ͬ¿¬» ¿²¼ Ú»¼»®¿´ ¬±®³ ©¿¬»® ®»¹«´¿¬·±²ò 35.18.2 Approval and Permit Required. Ò± °»®±²ô ½±®°±®¿¬·±²ô ±® ±¬¸»® ´»¹¿´ »²¬·¬§ ¸¿´´ »²¹¿¹» ·² ¬±½µ°·´·²¹ô ¹®«¾¾·²¹ô ±® ´¿²¼ ½´»¿®·²¹ ¿²¼ ¹®¿¼·²¹ ©·¬¸±«¬ ¬¸» ®»¯«·®»¼ ¿°°®±ª¿´ ¿²¼ °»®³·¬ò ß½¬·ª·¬·» ¸¿´´ ¾» ´·³·¬»¼ ¬± ¬¸» ¿®»¿ ¿²¼ ½±°» ·¼»²¬·º·»¼ ±² ¬¸» °´¿² «¾³·¬¬»¼ ©·¬¸ ¬¸» ¿°°®±ª»¼ °»®³·¬ô ¿²¼ ¸¿´´ ½±³°´§ ©·¬¸ ͬ¿¬» ¿²¼ Ú»¼»®¿´ ¬±®³ ©¿¬»® ®»¹«´¿¬·±²ò ̸»®» ¿®» ¬¸®»» ¬§°» ±º °»®³·¬ ½±ª»®»¼ ¾§ ¬¸· «¾»½¬·±²æ ßò Ý´»¿®·²¹ ¿²¼ Ù®¿¼·²¹ л®³·¬ ®»¯«·®»æ ïòͬ¿ºº ®»ª·»© ¿²¼ °±·¬·ª» ®»½±³³»²¼¿¬·±² ¾§ ¬¸» Ü»ª»´±°³»²¬ λª·»© ݱ³³·¬¬»» ±º ¿ ·¬» °´¿² ¿²¼ ½±²¬®«½¬·±² °´¿²ô ¿ ©»´´ ¿ ¿°°®±ª¿´ ¾§ ¬¸» д¿²²·²¹ ¿²¼ Ʊ²·²¹ ݱ³³··±² ±º ¬¸» º·²¿´ °´¿¬ô ·º ¿°°´·½¿¾´»å îòÌ®»» λ³±ª¿´ л®³·¬ô ·º ¿°°´·½¿¾´»å ¿²¼ íòß °®»ó½±²¬®«½¬·±² ½±²º»®»²½» ©·¬¸ Û²¹·²»»®·²¹ º±® ½´»¿®·²¹ ¿²¼ ¹®¿¼·²¹ ¿½¬·ª·¬·» ±² °«¾´·½ ®·¹¸¬ó±ºó ©¿§ ±® °«¾´·½ »¿»³»²¬ò Þò Ù®«¾¾·²¹ л®³·¬ ®»¯«·®»æ ïò Ì®»» λ³±ª¿´ л®³·¬ô ·º ¿°°´·½¿¾´»ò Ýò ͬ±½µ°·´·²¹ ¿²¼ Û¨½¿ª¿¬·±² л®³·¬ ®»¯«·®»æ ïò Ì®»» λ³±ª¿´ л®³·¬ô ·º ¿°°´·½¿¾´»ò 18-1 Subchapter 18 Development Code 35.18.3 Exemptions. ̸» º±´´±©·²¹ ¸¿´´ ¾» »¨»³°¬ º®±³ ¬¸» °®±ª··±² ±º ¬¸· Í«¾½¸¿°¬»®æ ßòÙ®¿¼·²¹ ¿²¼ ½´»¿®·²¹ ·² »³»®¹»²½§ ·¬«¿¬·±² ·²ª±´ª·²¹ ·³³»¼·¿¬» ¼¿²¹»® ¬± ´·º» ¿²¼ °®±°»®¬§ ±® «¾¬¿²¬·¿´ º·®» ¸¿¦¿®¼ò Þòß²§ ¿½¬·ª·¬§ ©¸»®» ¬¸» ¬±¬¿´ ª±´«³» ±º ³¿¬»®·¿´ ¼·¬«®¾»¼ô ¬±®»¼ô ¼·°±»¼ ±º ±® «»¼ ¿ º·´´ ¼±» ²±¬ »¨½»»¼ îë ½«¾·½ §¿®¼ ¿²¼ ¬¸» ¿®»¿ ¼·¬«®¾»¼ ¼±» ²±¬ »¨½»»¼ îôðð𠯫¿®» º»»¬ °®±ª·¼»¼ ·¬ ¼±» ²±¬ ±¾¬®«½¬ ¿ ©¿¬»® ½±«®» ¿²¼ · ²±¬ ´±½¿¬»¼ ·² ¿ º´±±¼°´¿·² ±® ±¬¸»® »²ª·®±²³»²¬¿´´§ »²·¬·ª» ¿®»¿ò Ю±¶»½¬ ¸¿´´ ½±³°´§ ©·¬¸ ¬¿¬» ¿²¼ º»¼»®¿´ ®»¹«´¿¬·±²ò Ýòͱ·´ ¼·¬«®¾·²¹ ¿½¬·ª·¬·»ô »¨½´«¼·²¹ ¬®»» ®»³±ª¿´ô ¬¸¿¬ ¿®» ¿±½·¿¬»¼ ©·¬¸ ²±®³¿´ ¿¹®·½«´¬«®¿´ ½®±° ±°»®¿¬·±²ò Üòͬ±½µ°·´·²¹ ¿²¼ ¸¿²¼´·²¹ ±º »¿®¬¸ ³¿¬»®·¿´ ¿±½·¿¬»¼ ©·¬¸ ½±³³»®½·¿´ ¯«¿®®§ ¿²¼ ´¿²¼º·´´ ±°»®¿¬·±² ´·½»²»¼ «²¼»® ¬¸» ͬ¿¬»ò ÛòЮ±¶»½¬ ©·¬¸ ¿² ¿°°®±ª»¼ Þ«·´¼·²¹ л®³·¬ò 35.18.4 Applications. л®³·¬ ¿°°´·½¿¬·±² ¿²¼ ®»¯«·®»³»²¬ô °®±½»·²¹ ±º ¿°°´·½¿¬·±²ô ¿²¼ ½±²¼·¬·±² ±º ·«¿²½» ¿®» ¿ º±´´±©æ ßòß² ¿°°´·½¿¬·±² ¿´±²¹ ©·¬¸ ¬¸» ®»¯«·®»¼ º»» ¸¿´´ ¾» «¾³·¬¬»¼ ·² ¿½½±®¼¿²½» ©·¬¸ ¬¸» ß°°´·½¿¬·±² Ý®·¬»®·¿ Ó¿²«¿´ò Þòß²§ °»®³·¬ ¹®¿²¬»¼ «²¼»® ¬¸· Í«¾½¸¿°¬»® ¸¿´´ »¨°·®» ±²» §»¿® º®±³ ¬¸» ¼¿¬» ±º ·«¿²½»ò Ë°±² ¿ ¸±©·²¹ ±º ±²¹±·²¹ ½±²¬®«½¬·±² ¿½¬·ª·¬§ô ¬¸» °»®³·¬ ³¿§ ¾» »¨¬»²¼»¼ ¾§ ¬¸» ¾«·´¼·²¹ ±ºº·½·¿´ º±® ±²» êó ³±²¬¸ °»®·±¼ ¿²¼ º±® ¿² ¿¼¼·¬·±²¿´ º»»ò Ýòλª·»©»¼ °´¿² ¸¿´´ ²±¬ ¾» ¿³»²¼»¼ ©·¬¸±«¬ ¿«¬¸±®·¦¿¬·±² ±º ¬¸» Þ«·´¼·²¹ Ѻº·½·¿´ò ̸» Þ«·´¼·²¹ Ѻº·½·¿´ ³¿§ «°»²¼ ±® ®»ª±µ» ¿ °»®³·¬ ¾»½¿«» ±º ·²½±®®»½¬ ·²º±®³¿¬·±² «°°´·»¼ô ±® º±® ¿²§ ª·±´¿¬·±² ±º ¬¸» °®±ª··±² ±º ¬¸· Í«¾½¸¿°¬»®ò 35.18.5 Standards. ̸» ¼»·¹² ½®·¬»®·¿ º±® »®±·±² ¿²¼ »¼·³»²¬ ½±²¬®±´ ¸¿´´ ½±³°´§ ©·¬¸ ¬¸» ¼»·¹² ¬¿²¼¿®¼ ½±²¬¿·²»¼ ·² ¬¸» Í·¬» Ü»·¹² Ý®·¬»®·¿ Ó¿²«¿´ò л®³·¬»» ¸¿´´ ¿´± ½±³°´§ ©·¬¸ ¬¸» º±´´±©·²¹ ¹»²»®¿´ ®»¹«´¿¬·±² ¿²¼ ¬¿²¼¿®¼æ ßòÙ»²»®¿´ λ¹«´¿¬·±²ò ïò̸» ¿½¬·ª·¬§ ©·´´ ²±¬ ½®»¿¬» ±® ½±²¬®·¾«¬» ¬± ´¿²¼´·¼»ô ¿½½»´»®¿¬»¼ ±·´ ½®»»°ô ±® »¬¬´»³»²¬å îò̸» ¿½¬·ª·¬§ ©·´´ ²±¬ ½®»¿¬» ±® ½±²¬®·¾«¬» ¬± º´±±¼·²¹ô »®±·±²ô ±® ·²½®»¿»¼ ¬«®¾·¼·¬§ô ·´¬¿¬·±² ±® ±¬¸»® º±®³ ±º °±´´«¬·±² ·² ¿ ©¿¬»®½±«®»å íòÑ°»®¿¬·±² ¸¿´´ ¾» ½±²·¬»²¬ ©·¬¸ ¿²¬·½·°¿¬»¼ ¾«·´¼ó±«¬ ½¸»¼«´»ô ¿²¼ ¸¿´´ ¾» ½±²¼«½¬»¼ ± ¿ ¬± »¨°±» ¬¸» ³¿´´»¬ °®¿½¬·½¿´ ¿®»¿ ±º ±·´ ¬± »®±·±² º±® ¬¸» ´»¿¬ °±·¾´» ¬·³»å ìò̸» °®±°»®¬§ ±©²»® ¸¿´´ ¾» ®»°±²·¾´» º±® ¿´´ ½´»¿²«° ±°»®¿¬·±² ·²½·¼»²¬¿´ ¬± ¬¸» ¼·¬«®¾¿²½» ±º ¬¸» «®º¿½» ±º ¬¸» °®±°»®¬§ ©·¬¸·² ê ³±²¬¸ ±º ¬¸» ±°»®¿¬·±² ½±³°´»¬·±² ¼¿¬»ô ·²½´«¼·²¹ ®»³±ª¿´ ±º ¬»³°±®¿®§ »®±·±² ¿²¼ »¼·³»²¬ ½±²¬®±´ ·º º·²¿´ ¬¿¾·´·¦¿¬·±² ¸¿ ¾»»² ±¾¬¿·²»¼ô ¿²¼ ®»³±ª¿´ ±º ¿´´ ¬®¿¸ ±® ±¬¸»® ³¿¬»®·¿´ ²±¬ «·¬¿¾´» º±® º·´´å 18-2 Subchapter 18 Development Code ëòÒ± ±·´ô ®±½µô ³«¼ ±® ±¬¸»® ½±²¬®«½¬·±² ¼»¾®· ¸¿´´ ¾» ¿´´±©»¼ ¬± ¾» ¼»°±·¬»¼ ±² ±® ·² ¬¸» ¬®»»¬ô ¿´´»§ô «¬·´·¬§ º¿½·´·¬·»ô ®·¹¸¬ó±ºó©¿§ô »¿»³»²¬ô ±® ¼®¿·²¿¹» º¿½·´·¬·» ±©²»¼ ±® ®»¯«·®»¼ ¾§ ¬¸» Ý·¬§ ±º Ü»²¬±²å êò̸» ·¬» ±°»®¿¬±® ±® ±©²»® ¸¿´´ °®±ª·¼» ¿ ½±°§ ±º ¬¸» ·¹²»¼ Ò±¬·½» ±º ײ¬»²¬ º®±³ ¬¸» Ì»¨¿ ݱ³³··±² ±² Û²ª·®±²³»²¬¿´ Ï«¿´·¬§ øÌÝÛÏ÷ º±® ¿´´ ·¬» ¬¸¿¬ ¿®» ´¿®¹»® ¬¸¿² ë ¿½®» ±® ¿®» ´» ¬¸¿² ë ¿½®» ¿²¼ °¿®¬ ±º ¿ ´¿®¹»® ½±³³±² °´¿² ±º ¼»ª»´±°³»²¬ ¬¸¿¬ »¨½»»¼ ë ¿½®»ô ¿²¼ ¸¿´´ ¼»ª»´±° ¿²¼ 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Ý´»¿®·²¹ ¿²¼ Ù®¿¼·²¹ л®³·¬ ݸ»½µ´·¬ п¹» ì ±º ì çó©©ò½·¬§±º¼»²¬±²ò½±³ AGENDA INFORMATION SHEET AGENDA DATE:December 2, 2008 DEPARTMENT:Planning ACM:Fred Greene SUBJECT - DCA08-0002 (Development Code Amendments) Receive a briefing, hold a discussion and give staff direction on the proposed amendments to Subchapters 6, 12 and 13 of the Denton Development Code. The amendments included are to clarify standards and regulations regarding SUP revocation, yard measurements, accessory buildings and structures general regulations, expansion applicability, preservation and mitigation requirements for infill lots, light and glare performance requirements, and site development requirements for residential buildings. The Planning and Zoning Commission recommended approval of the proposed amendments (6-0). BACKGROUND On September 24, 2008, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the proposed amendments Subchapters 6, 12 and 13 of the Denton Development Code. proposed amendments. Recommended text additions are shown in blue and underlined and recommended text deletions are shown in red with strikethrough. Item 1 SUP revocation Issue: The issue is the need to possess an approved building permit. In the case of a recent SUP application, the applicant was simply going to occupy the structure and no building permit was required. The Code states that a Specific Use permit shall be revoked if the proposed use or phase does not possess an approved building permit within eighteen months from the date of approval. In addition, the time limit of eighteen months is not consisted with other time limits in the Code. To make it more consistent with the other time limits in the Code, staff is recommending that the time limit be changed to twenty-four months. Recommendation: Staff recommends that Subchapter 35.6.6.A. of the DDC be amended as follows: A Specific Use Permit shall expirebe deemed revoked if the proposed use or phase does not possess an approved building permitall City permits for development are not obtained and construction has not commenced within eighteentwenty-fourmonths from date of approval, unless a longer period is approved by City Council. If the permit requires Site Design Review approval under Subchapter 13, the permit shall be deemed revoked if the use or phase has not commencedwithin one year of the date of Site Design Review being approved. Clean Version: A Specific Use Permit shall be deemed revoked if all needed permits for development are not obtained and construction has not commenced within twenty-four months from date of approval, unless a longer period is approved by City Council. Item 2 Yard measurements Issue: The issue is it is not clear what architectural features can project into the required side and rear yard and how far. Because the Code does not specify all architectural features, staff is adding other project architectural features to clarify the standards. Recommendation: Staff recommends that Subchapter 35.12.2.C. of the DDC be amended as follows: Non-habitable, unenclosed architectural projections such as porches, stairs, stoops, and awnings may extend 7.5 feet into a required front yard setback, or 24 inches into a required side or rear yard setback. Projections of window sills, bay or box windows, belt courses, cornices, and other projecting architectural features, except for roof overhangs and eaves, shall not extend more than twelve (12) inches into the required side or rear yard. Clean Version: Non-habitable, unenclosed architectural projections such as porches, stairs, stoops, and awnings may extend 7.5 feet into a required front yard setback, or 24 inches into a required side or rear yard setback. Projections of window sills, bay or box windows, belt courses, cornices, and other projecting architectural features, except for roof overhangs and eaves, shall not extend more than twelve (12) inches into the required side or rear yard. Item 3 Accessory buildings and structures general regulations Issue: The purpose of the following set of Code amendments is to clarify existing requirements for Accessory Buildings and Structures. Recommendation: Staff recommends that Subchapter 35.12.4.B. and Figure 1 of the DDC be amended as follows: 1. The combined square footage of the house and accessory structure cannot exceed the zoning district maximum lot coverage listed belowin Subchapter 5.Lot coverage is determined by dividing the square footage of structures by the total lot square footage. 2.Accessory structures are prohibited in any requiredthe front or side yard setback. 3. Accessory structures shall be no closer than three (3) feet to a property line located in the rear yard. No accessory structures shall be placed in any easement. 34.The parking of vehicles is not allowed in a required side yard, except where the garage is in the rear and not accessed from an alley. 45. The property owner is responsible for locating property lines and determining lot square footage. The City does not provide surveying services. 56. Encroachment into a recorded easement is not permitted. No portion of the structure including roof overhangs may project into an easement. 67. All accessory structures that require a building permit shall be architecturally compatible with the principal structure. The following are examples used to determine architectural compatibility, including but not limited to, roof pitch, construction material, color, and architectural details or shall be screened from abutting properties and the public right of way. 78. Guest quarters shall be located on the same lot as an existing detached single-family use and may be located within or attached to the principal building or in a detached accessory building. 89. No more than one (1) guest quarters per tract or lot shall be allowed. 910. Guest quarters shall not be used as rental units. 1011. Guest quarters shall be served by the same utility meter as the primary dwelling, and the building materials and architecture will be similar or in concert to the primary dwelling unit. ×ÒÌÛÎ×ÑÎ ÔÑÌ ÝÑÎÒÛÎ ÔÑÌ Ð®±°»®¬§ Ô·²» ß½½»±®§ ß½½»±®§ ͬ®«½¬«®» ͬ®«½¬«®» λ¿® Ç¿®¼ øÙ¿®¿¹»÷ øÙ¿®¿¹»÷ Í»¬¾¿½µ λ¿® Ç¿®¼ Í»¬¾¿½µ Ô·²» Í»¬¾¿½µ Í»¬¾¿½µ Ô·²» ر«» ر«» Í»¬¾¿½µ Ô·²» Ú®±²¬ Ç¿®¼ Ú®±²¬ Ç¿®¼ Í»¬¾¿½µ Í»¬¾¿½µ Ю±°»®¬§ Ô·²» ͬ®»»¬ Item 4 Expansion applicability Issue: The purpose of the following Code amendment is to put a cumulative provision to the Expansion Applicability Table regarding Non-residential expansions. According to the Code the expansion of existing buildings or site development, excepting single or two family, is subject to the provision of Subchapter 35.13 based on the Expansion Applicability Table. Non-residential expansions are able to expand up to 1,000 square feet or 25% whichever is greater. However, the existing regulations does not restrict an applicant from expanding an existing building or site development up to 1,000 square feet or 25% whichever is greater one year and coming back and expanding the same amount the following year. Staff is proposing to restrict the amount of expansion up to 1,000 square feet or 25% whichever is greater beginning from when the Code was updated in February 20, 2002. Recommendation: Staff recommends that Subchapter 35.13.3. Expansion Applicability Table of the DDC be amended as follows: Non-residential expansion All buildings shall be required to adhere to the requirements of Subchapter 13 when a building expands (based on floor area) 1,000 square feet or 25%, whichever is greater from the original building square footage as of February 20, 2002(BUT NOT EXCEEDING 10,000 SF FOR RETAILUSES). Clean Version: Non-residential expansion All building shall be required to adhere to the requirements of Subchapter 13 when a building expands (based on floor area) 1,000 square feet or 25%, whichever is greater from the original building square footage as of February 20, 2002 (BUT NOT EXCEEDING 10,000 SF FOR RETAIL USES). Item 5 Preservation and mitigation requirements for infill lots Issue: On May 1, 2007, an Infill Special Purpose District was added to the DDC as Subchapter 35.7.14. As part of the Development Code as development on a vacant parcel or groupings of vacant lots within an existing block surrounded by existing development that is contiguous on at least two sides for corner lots and contiguous on at least three sides for interior lots (existing development located directly in front on the other side of the street may count as a side for interior lots only), no greater than two acres in size, and is served with all or most public services and facilities, including but not limited to water, wastewater and drainage. The issue is the new definition states that infill lots are lots that are no greater than two acres in size, however Table 35.13.7.A. of the DDC references infill lots greater than two acres. To clarify and make the table consistent with the new definition of infill, staff is recommending that the table be amended. Recommendation: Staff recommends that Table 35.13.7.A. of the DDC be amended as follows: Table 35.13.7.A Preservation & Mitigation Requirements for Infill Lots Ø·¬±®·½ Ю±¬»½¬»¼ Ï«¿´·¬§ Ì®»» ú Ï«¿´·¬§ Ô¿®¹» Í»½±²¼¿®§ Ô±¬ Í·¦» Í»½±²¼¿®§ Ì®»» Ì®»»ò Ì®»» Ì®»» ͬ¿²¼ Ì®»» Ô» ¬¸¿² ïððû Ò±²» Ò±²» Ò±²» Ò±²» c ¿½®» Ю»»®ª»¼ ׺ ®»³±ª»¼ô c ¿½®» ¬± ³·¬·¹¿¬»¼ ¿¬ ׺ ®»³±ª»¼ô ³·¬·¹¿¬»¼ ïððû Ò±²» Ò±²» ï ¿½®» ¿ ïæðòë ¿¬ ¿ ïæðòîë ®¿¬·±ò ®¿¬·±ò ï ¿½®» ¬± ׺ ®»³±ª»¼ô ׺ ®»³±ª»¼ô ³·¬·¹¿¬»¼ îòë îòð ïððû ³·¬·¹¿¬»¼ ¿¬ Ò±²» Ò±²» ¿¬ ¿ ïæðòë ®¿¬·±ò ¿½®» ¿ ïæï ®¿¬·±ò ß ³·²·³«³ ±º ïðû ±º ¿´´ Ï«¿´·¬§ Ì®»» ú Ì®»» ͬ¿²¼ °®»»®ª»¼ ·² Í·²¹´»ó º¿³·´§ ú Ü«°´»¨ Ü©»´´·²¹ Ü»ª»´±°³»²¬æ ß ³·²·³«³ ±º ïîòëû ±º ¿´´ ׺ ®»³±ª»¼ô Ï«¿´·¬§ Ì®»» ú Ì®»» îòë ¿½®» ³·¬·¹¿¬»¼ ¿¬ ͬ¿²¼ °®»»®ª»¼ ·² Ó«´¬·ó׺ ®»³±ª»¼ô ³·¬·¹¿¬»¼ ïððû Ò±²» ¬± ë ¿½®» ¿ ïæïòë º¿³·´§ ¿²¼ Ò±²ó®»·¼»²¬·¿´ ¿¬ ¿ ïæðòéë ®¿¬·±ò ®¿¬·±ò ¼»ª»´±°³»²¬ Ë° ¬± ëðû ±º ¬¸» °»®½»²¬¿¹» ®»¯«·®»¼ ¬± ¾» °®»»®ª»¼ ³¿§ ¾» ³·¬·¹¿¬»¼ «²¼»® ¬¸» ®»¯«·®»³»²¬ ±º ¬¸· Í«¾»½¬·±²ò ¿¬ ¿ ïæï ®¿¬·±ò ß ³·²·³«³ ±º ïðû ß ³·²·³«³ ±º îðû °®»»®ª»¼ ·² Í·²¹´»óº¿³·´§ °®»»®ª»¼ ·² Í·²¹´»óº¿³·´§ ú Ü«°´»¨ Ü©»´´·²¹ ú Ü«°´»¨ Ü©»´´·²¹ Ü»ª»´±°³»²¬æ Ü»ª»´±°³»²¬æ ß ³·²·³«³ ±º ïîòëû ß ³·²·³«³ ±º îëû °®»»®ª»¼ ·² Ó«´¬·óº¿³·´§ °®»»®ª»¼ ·² Ó«´¬·óº¿³·´§ Ù®»¿¬»® ׺ ®»³±ª»¼ô ¿²¼ Ò±²ó®»·¼»²¬·¿´ ¿²¼ Ò±²ó®»·¼»²¬·¿´ ׺ ®»³±ª»¼ô ³·¬·¹¿¬»¼ ¬¸¿² ë ïððû ³·¬·¹¿¬»¼ ¿¬ ¼»ª»´±°³»²¬ ¼»ª»´±°³»²¬ ¿¬ ¿ ïæï ®¿¬·±ò ¿½®» ¿ ïæî ®¿¬·± Ë° ¬± ëðû ±º ¬¸» Ë° ¬± ëðû ±º ¬¸» °»®½»²¬¿¹» ®»¯«·®»¼ ¬± ¾» °»®½»²¬¿¹» ®»¯«·®»¼ ¬± ¾» °®»»®ª»¼ ³¿§ ¾» °®»»®ª»¼ ³¿§ ¾» ³·¬·¹¿¬»¼ ³·¬·¹¿¬»¼ «²¼»® ¬¸» «²¼»® ¬¸» ®»¯«·®»³»²¬ ±º ®»¯«·®»³»²¬ ±º ¬¸· ¬¸· Í«¾»½¬·±²ò ¿¬ ¿ ïæïòë Í«¾»½¬·±²ò ¿¬ ¿ ïæðòéë ®¿¬·±ò ®¿¬·±ò Item 6 Light and glare performance requirements Issue: The issue is conflicting light and glare performance requirements. The DDC requires that light may not measure more than one-half foot-candle of illumination at the property line. The DDC also requires that areas designated for pedestrian use shall provide a minimum of one foot-candle of illumination. The conflict comes when a pedestrian sidewalk is along a property line. Staff is recommending that the requirement that light may not measure more than one-half foot-candle of illumination at the property line be excepted in areas designated for pedestrian use that abut a property line. In addition, the requirement that light may not measure more than one-half foot-candle of illumination at the property line is an issue for non-residential developments comprised of many lots. In a non-residential development comprised of many lots, internal property lines often abut and in those areas it is difficult to transition from more than one-half foot-candle to less than one-half foot-candle and back to more than more than one-half foot-candle. Staff is recommending that for non-residential developments comprised of many lots, such as a shopping center, the light levels do not need to be restricted to one-half foot-candle illumination at internal property lines. Recommendation: Staff recommends that Subchapter 35.13.12. of the DDC be amended as follows: All lighting within developments other than single family, shall meet the following standards: A.Light may not measure more than one-half foot-candle of illumination at the property line and when state and federal regulations apply. Light levels to one-half foot-candle at property lines only applies to non-residential developments when they are adjacent to single family or multi-family residential uses, or if adjacent to undeveloped land within a residential zoning district (this includes property across a street or alley). For non-residential developments comprised of many lots, such as a shopping center, the light levels do not need to be restricted to one-half foot-candle illumination at internal property lines. B.Lights shall have shields installed to prevent the upward diffusion of light. C.Areas designated for pedestrian use shall provide a minimum of one foot-candle of illumination. Item 7 Site development requirements for residential buildings Issue: The DDC states that garage doors shall not occupy more than 40% of the total building frontage. Staff is recommending that J-swing garages, along with garages facing an alley and courtyard entrances not be applied to the calculations of the 40% maximum requirement. The doors of J-swing garages do not directly face the street. The doors are located on the side; therefore the intent of the Code to minimize the amount of area of garage doors facing the street is still met. Recommendation: Staff recommends that Subchapter 35.13.13.1.B. of the DDC be amended as follows: The garage door shall not occupy more than 40% of the total building frontage. This measurement does not apply to garages facing an alley, or courtyard entrance or j-swing garages. Any garage may not extend beyond the house front. Front facing garages that are at least 30 feet behind the house front may exceed the 40% frontage minimum. Clean Version: The garage door shall not occupy more than 40% of the total building frontage. This measurement does not apply to garages facing an alley, courtyard entrance or j-swing garages. Any garage may not extend beyond the house front. Front facing garages that are at least 30 feet behind the house front may exceed the 40% frontage minimum. PRIOR ACTION/REVIEW February 6, 2008 Planning and Zoning Commission Work Session February 20, 2008 Planning and Zoning Commission Work Session March 12, 2008 Planning and Zoning Commission Work Session July 9, 2008 Planning and Zoning Commission Work Session July 23, 2008 Planning and Zoning Commission Work Session August 27, 2008 Planning and Zoning Commission Work Session September 10, 2008 Planning and Zoning Commission Work Session September 24, 2008 Planning and Zoning Commission Public Hearing OPTIONS 1.Direct staff to proceed with the proposed amendments 2.Direct staff to proceed with the proposed amendments with changes 3.Direct staff to take another direction RECOMMENDATION The Planning and Zoning Commission recommended approval of the proposed amendments (6- 0). EXHIBITS 1.September 24, 2008 Planning and Zoning Commission Minutes Prepared by: Respectfully submitted: Ron Menguita Mark Cunningham Planning Supervisor Director of Planning and Development AGENDA INFORMATION SHEET AGENDA DATE: December 2, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 4199-Electrical Energy Transmission Fees for Lower Colorado River Authority in the amount of $588,500). The Public Utilities Board recommends approval (4-0). FILE INFORMATION The Public Utility Regulatory Act of 1995 (PURA 95) required the development of a new, statewide mechanism for electric transmission service in Texas. PURA 95 also placed municipal utilities under the jurisdiction of PUCT for matters related to transmission. As a result, the Denton Municipal Electric Utility has been ordered by the PUCT to pay various other electric utilities in the State specific amounts. The subject purchase orders provide the City of Denton the authority required by the City Charter to make those payments. These purchase orders will encumber funds estimated as costs for services through September 2009. No funds will actually be spent until invoices are received, reviewed, and approved. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its November 10, 2008 meeting. RECOMMENDATION Approve the payment of transmission fees to Lower Colorado River Authority in the amount of $588,500. PRINCIPAL PLACE OF BUSINESS Lower Colorado River Authority Austin, TX ESTIMATED SCHEDULE OF PROJECT These purchase orders will encumber funds estimated as costs for services through September 2009. Agenda Information Sheet December 2, 2008 Page 2 FISCAL INFORMATION This item will be funded from account 600100.6072. Requisition# 90373 has been entered in the Purchasing software system. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4199 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 4199-ELECTRICAL ENERGY TRANSMISSION FEES FOR LOWER COLORADO RIVER AUTHORITY IN THE AMOUNT OF $588,500). WHEREAS, in order to comply with the legislative requirements contained in the Utility Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is required to pay such fees imposed by the Public Utilities Commission of Texas to the Listed Utility as set f WHEREAS, the City Manager has reviewed and recommended that the City Council approve and authorize the payment of such fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The expenditure of funds in the amount of $588,500 to be paid to the Listed Utility this ordinance for all purposes, is hereby authorized. SECTION 2.This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ________ day of ____________________, 2008. _______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:__________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-FILE 4199 Lower Colorado River Authority $588,500 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3November 10, 2008 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Vice Chair of the Public Utilities Board thereafter convened into an Open Meeting 7on Monday, November 10, 2008 at 9:00 a.m. in the Service Center Training Room, City of 8Denton Service Center, 901-A Texas Street, Denton, Texas. 9 Present 10: Vice Chair Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson and Bill 11Grubbs (arrived at 9:16 a.m.) 12 13 Ex Officio Members: 14 George C. Campbell, City Manager 15 Howard Martin, ACM Utilities 16 Absent 17: Chair Charldean Newell and John Baines, both excused 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 22dations, and 23has had an opportunity to raise questions regarding these items prior to consideration. 24 255)Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing 26the expenditure of funds for payments by the City of Denton for electrical energy 27transmission fees to American Electric Power (AEP), Lower Colorado River Authority 28(LCRA), and Texas Municipal Power Agency (TMPA) for providing energy transmission 29services to the City of Denton; and providing an effective date (File 4199-2008 AEP-$88,282 30/ LCRA-$588,500 / TMPA-$68,572 -Total Amount of $745,354). 31 Board Member Randy Robinson moved to approve Item 5 with a second from Board 32 Member Phil Gallivan. The motion was approved by a 4-0 vote. 33 34 35 The meeting was adjourned by consensus at 9:45 a.m. 36 AGENDA INFORMATION SHEET AGENDA DATE: December 2, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the reconstruction of Old North Road; providing for the expenditure of funds therefor; and providing an effective date (Bid 4184-Old North Road Reconstruction awarded to Jagoe-Public Company in the amount of $836,909). BID INFORMATION This bid is for the reconstruction of Old North Road from Highway 380 to Windsor Drive. The project includes acceptance of Alternate A Asphalt Paving, in place of Alternate B Concrete Paving. Also included is curb/gutter, ADA ramps, sidewalks, drive way and flume replacements. RECOMMENDATION Award the Base Bid amount of $135,064 and Paving Alternate A (Asphalt Paving) in the amount of 701,845 to Jagoe-Public Company for a total award amount of $836,909. PRINCIPAL PLACE OF BUSINESS Jagoe Public Company Denton, TX ESTIMATED SCHEDULE OF PROJECT This project is expected to start the last week of January 2009 and be completed within 90 work days. FISCAL INFORMATION This project will be funded from account 350172457.1360.40100 in the amount of $503,074.60 and account 350172453.1360.40100 in the amount of $333,834.40. Requisition# 90648 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Bid Tabulation Agenda Information Sheet December 2, 2008 Page 2 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4184 ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE RECONSTRUCTION OF OLD NORTH ROAD; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4184 OLD NORTH ROAD RECONSTRUCTION AWARDED TO JAGOE-PUBLIC COMPANY IN THE AMOUNT OF $836,909). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 4184 Jagoe-Public Company $836,909 SECTION 2.The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2008. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-4184 AGENDA INFORMATION SHEET AGENDA DATE: December 2, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of a Supervisory Control and Data Acquisition (SCADA) system for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4074-SCADA/DMS System for Denton Municipal Electric awarded to Open Systems International (OSI) in the amount of $203,419). The Public Utilities Board recommends approval (4-0). RFP INFORMATION Supervisory Control and Data Acquisition (SCADA) system was purchased in 1999 to meet Y2K compliance issues. The SCADA system tation personnel the ability to communicate electronically with critical equipment located at our various substation facilities. The servers that run the SCADA software and the Front End Processor (FEP) communicate with the Remote cated in the electric substations. These servers are no longer covered by the support agreement because of their age. Currently, both servers are located in the same room and use one FEP. Upon approval of the new system, the servers would be located at two different facilities which would remove the likelihood of a failure due to a single location disaster. The new system will also utilize Ethernet communications which will increase the reliability of the system. Six proposals were evaluated on a 10-point scale with 10 being the highest (Exhibit 2). The proposals were also evaluated by the cost of use over a ten year period, which is the length of time that the Request For Proposals stated the system must be supported. The Open Systems International proposal was ranked the highest based upon the criteria listed below. Evaluation Criteria Percentage Price 50 Meets Specifications 30 Customer Support 10 Experience 5 Options Available 5 100 Agenda Information Sheet December 2, 2008 Page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its November 10, 2008 meeting. RECOMMENDATION Award a contract for the purchase of a Supervisory Control and Data Acquisition (SCADA) system to Open Systems International (OSI) in the amount of $203,419. PRINCIPAL PLACE OF BUSINESS Open Systems International Minneapolis, MN ESTIMATED SCHEDULE OF PROJECT The new SCADA system can be installed and operational within six months of approval by Council. FISCAL INFORMATION This item will be funded from account 602363495.1350.3620 in the amount of $119,531.40 and 602363495.1350.3530 in the amount of $83,887.60. Requisition# 90002 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: List of Respondents Exhibit 2: Evaluation Ranking Form Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-RFP 4074 ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF A SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4074-SCADA/DMS SYSTEM FOR DENTON MUNICIPAL ELECTRIC AWARDED TO OPEN SYSTEMS INTERNATIONAL (OSI) IN THE AMOUNT OF $203,419). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the purchase of a supervisory Control and Data Acquisition (SCADA)System in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 4074 Open Systems International $203,419 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2008. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:____________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-RFP 4074 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3November 10, 2008 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Vice Chair of the Public Utilities Board thereafter convened into an Open Meeting 7on Monday, November 10, 2008 at 9:00 a.m. in the Service Center Training Room, City of 8Denton Service Center, 901-A Texas Street, Denton, Texas. 9 Present 10: Vice Chair Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson and Bill 11Grubbs (arrived at 9:16 a.m.) 12 13 Ex Officio Members: 14 George C. Campbell, City Manager 15 Howard Martin, ACM Utilities 16 Absent 17: Chair Charldean Newell and John Baines, both excused 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 22dations, and 23has had an opportunity to raise questions regarding these items prior to consideration. 24 256)Consider recommending approval of purchase of a new Supervisory Control and Data 26Acquisition (SCADA) system from Open Systems International (OSI), 3600 Holly Lane 27North, Suite 40 Minneapolis, MN 55447-1286 in the amount of $203,419.00. 28 Board Member Randy Robinson moved to approve Item 6 with a second from Board 29 Member Phil Gallivan. The motion was approved by a 4-0 vote. 30 31 32 The meeting was adjourned by consensus at 9:45 a.m. 33 AGENDA INFORMATION SHEET AGENDA DATE: December 2, 2008 DEPARTMENT: Water Utilities ACM: Howard Martin, Utilities 349-8232 ______________________________________________________________________________ SUBJECT Consider recommending approval an ordinance authorizing the City Manager or his designee to execute an easement purchase agreement by and between the City of Denton, Texas and David R. Fulton, Trustee, and any other documents and conveyances that are necessary to acquire an approximate 0.3792 acre utility easement, and temporary construction easements of approximately 0.3504 acre, 0.1836 acre, 0.0873 acre, and 0.1138 acre, all being located in the Robert Beaumont Survey, Abstract Number 31, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. (North-South 42- Inch Water Line Project and U.S. Highway 380 Utility Relocation Project) The Public Utilities Board recommends approval (4-0). BACKGROUND This easement purchase agreement includes easement acquisitions for two City of Denton CIP projects. The U.S. Highway 380 Utility Relocation Project consists of the replacement and relocation of existing water and sewer lines in conjunction with the upcoming TxDOT widening of U.S. Highway 380 (University Drive) from Bonnie Brae Street to Elm Street. The North- South Water Main Project consists of a 42” water transmission line connecting the McKenna Park Tank to the Nicosia stub-out at Loop 288. The project will ensure adequate water supply to the western half of the City, and will aid in conformance regarding elevated water storage requirements of the State of Texas. OPTIONS 1.Recommend that the City Council approve the proposed Agreement. 2.Not recommend that the City Council approve the proposed Agreement. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Easement Purchase Agreement. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Executive Sessions – U.S. Highway 380 Utility Relocation Easement Acquisitions, Public Utility Board July 15, 2008 and City Council August 5, 2008. The Public Utilities Board discussed this item at their November 10, 2008 regular meeting. The Board recommends approval (4-0). FISCAL INFORMATION 0000 Purchase price $196,997., and closing costs are estimated to be $4,500.(inclusive of survey documents). The easement acquisition costs will be prorated between the two projects accordingly. These utility projects are both being constructed with revenue and utility bond funds. BID INFORMATION None EXHIBITS 1.Location Map 2.Ordinance 3.Easement Purchase Agreement 4.PUB Meeting Minutes Respectfully submitted, Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by, Paul Williamson Real Estate Manager ORDINANCE NO. 2008-________ AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN EASEMENT PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DAVID R. FULTON, TRUSTEE, AND ANY OTHER DOCUMENTS AND CONVEYANCES THAT ARE NECESSARY TO ACQUIRE AN APPROXIMATE 0.3792 ACRE UTILITY EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENTS OF APPROXIMATELY 0.3504 ACRE, 0.1836 ACRE, 0.0873 ACRE, AND 0.1138 ACRE, ALL BEING LOCATED IN THE ROBERT BEAUMONT SURVEY, ABSTRACT NUMBER 31, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (NORTH-SOUTH 42-INCH WATER LINE PROJECT) THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute an Easement Purchase Agreement by and between the City of Denton, Texas, as Purchaser and David R. Fulton, Trustee, as Seller, substantially in the form that is attached hereto and made a part hereof as Exhibit “A” (the “Agreement”), and the City Manager is hereby authorized to expend the funds pursuant to said Agreement, together with any other documents necessary for the acquisition of the easements, as described in the caption above. The easements and temporary construction easements being acquired are for municipal utility purposes. SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ______ day of ________________ , 2008. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: ~ ~-. ~,~~~ ~: t? ~_ f~ ~; ~~;~ ` ,~ ~ k ~ ~ ~r- , ~°y,; I~ ~C r- P k ' ~' ~ ,s .-_ ~-.-~„~,-_. 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W1WL' '~ k $ ~ F ~! ~ 4 ~~ ~m~ ~ `~ ~ n; P 4 ~ % ~ ~r w ~ z ~ ~' At ~ ~ ~', d U ri i, ~ e 3 B ~w ~ ~ ~ ~ ~ ~` ~ ht~ ~, ~, . ~q `,~w,. ~" Mi ~ ~ ~. . ~, ~ ~ 4 ~ w ~5 wry R i i~ @ w s g, ..rte .~,:.~,. ~ k ~ ~, . i WrXI~! f kiA11;A fw t W RrM' ~ tl ~ ilk 49MYye d-I~ k7Ab~ yy~~,~~~~ a 9fe~ l lflll'~ ~~ ~ 3~ (~C* k1RW U. k, ,. pg~pyy~' ii ..z. n n'"Y"~ fE~YSY~ p~,.4~lY~4 ~',J ..x~ x ~ 9M 1'~: 1ik' +~ ., ,:-r.::..-. ... r ._.T, ~, . ,~ T i 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3November 10, 2008 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Vice Chair of the Public Utilities Board thereafter convened into an Open Meeting 7on Monday, November 10, 2008 at 9:00 a.m. in the Service Center Training Room, City of 8Denton Service Center, 901-A Texas Street, Denton, Texas. 9 Present 10: Vice Chair Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson and Bill 11Grubbs (arrived at 9:16 a.m.) 12 13 Ex Officio Members: 14 George C. Campbell, City Manager 15 Howard Martin, ACM Utilities 16 Absent 17: Chair Charldean Newell and John Baines, both excused 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 22The Public Utilities Board has received background information, staff’s recommendations, and 23has had an opportunity to raise questions regarding these items prior to consideration. 24 251)Consider recommending approval of an ordinance authorizing the City Manager or his 26designee to execute an easement purchase agreement by and between the City of Denton, 27Texas and David R. Fulton, Trustee, and any other documents and conveyances that are 28necessary to acquire an approximate 0.3792 acre utility easement, and temporary 29construction easements of approximately 0.3504 acre, 0.1836 acre, 0.0873 acre, and 0.1138 30acre, all being located in the Robert Beaumont Survey, Abstract Number 31, City of Denton, 31Denton County, Texas; authorizing the expenditure of funds therefore; and providing an 32effective date. (North-South 42-inch Water Line Project and U.S. Highway 380 Utility 33Relocation Project) 34 Board Member Randy Robinson moved to approve Item 1 with a second from Board 35 Member Phil Gallivan. The motion was approved by a 4-0 vote. 36 37 38 The meeting was adjourned by consensus at 9:45 a.m. 39 AGENDA INFORMATION SHEET AGENDA DATE: December 2, 2008 DEPARTMENT: Water Utilities ACM: Howard Martin, Utilities 349-8232 ______________________________________________________________________________ SUBJECT Consider recommending approval of an ordinance authorizing the City Manager or his designee to execute an easement purchase agreement by and between the City of Denton, Texas and Rayzor Investments, Ltd., and any other documents conveyances that are necessary to acquire an approximate 1.4098 acre utility easement, and a temporary construction easement of approximately 0.9397 acre, both being located in the N.H. Meisenhiemer Survey, Abstract Number 810, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. (North-South 42-Inch Water Line Project) The Public Utilities Board recommends approval (4-0) BACKGROUND This Easement Purchase Agreement entails easement acquisitions for the North-South 42-inch Water Main Project, to provide an additional capacity connection to McKenna Park Tank from the Nicosia stub-out at Loop 288. The project will ensure adequate water supply to the western half of the City, and will aid in conformance regarding elevated water storage requirements of the State of Texas. OPTIONS 1.Recommend that the City Council approve the proposed Agreement. 2.Not recommend that the City Council approve the proposed Agreement. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Easement Purchase Agreement. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board discussed this item at their November 10, 2008 regular meeting. The Board recommends approval (4-0) FISCAL INFORMATION 0000 Purchase price $62,172., and closing costs are estimated to be $4,500.(inclusive of survey documents). The Project is to be funded with utility bond funds. BID INFORMATION None EXHIBITS 1.Location Map 2.Ordinance 3.Easement Purchase Agreement 4.PUB Meeting Minutes Respectfully submitted, Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by, Paul Williamson Real Estate Manager ORDINANCE NO. 2008-________ AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN EASEMENT PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND RAYZOR INVESTMENTS, LTD., AND ANY OTHER DOCUMENTS AND CONVEYANCES THAT ARE NECESSARY TO ACQUIRE AN APPROXIMATE 1.4098 ACRE UTILITY EASEMENT, AND A TEMPORARY CONSTRUCTION EASEMENT OF APPROXIMATELY 0.9397 ACRE, BOTH BEING LOCATED IN THE N.H. MEISENHIEMER SURVEY, ABSTRACT NUMBER 810, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (NORTH-SOUTH 42-INCH WATER LINE PROJECT) THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute an Easement Purchase Agreement by and between the City of Denton, Texas, as Purchaser and Rayzor Investments, Ltd., as Seller, substantially in the form that is attached hereto and made a part hereof as Exhibit “A” (the “Agreement”), and the City Manager is hereby authorized to expend funds pursuant to said Agreement, together with any other documents necessary for the acquisition of the easements, as described in the caption above. The easement and the temporary construction easement are being acquired for municipal utility purposes. SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ______ day of ________________ , 2008. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: EASEMENT PURCHASE AGREEMENT AGREEMENT dated ______________________, 2008 between Rayzor Investments, Ltd. (“OWNER”) and the City of Denton, Texas (“CITY”). WITNESSETH: WHEREAS, Rayzor Investments, Ltd. is the owner of certain tracts of land in the N.H. Meisenheimer Survey, Abstract Number 810, evidenced by conveyances to Rayzor Investments, Ltd. by instruments recorded as Quit Claim Deed in Volume 2935, Page 537, and as Section 3, Tracts Thirteen and Fourteen in Volume 1796, Page 601, both said the Denton County Deed Records, said tracts being affected by the public improvement project called North-South 42-inch Water Line Project (“PROJECT”); and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary easements for the PROJECT; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1.At Closing, the OWNER shall grant, execute and deliver to the CITY an easement for water line and temporary construction traversing Owner’s property, more particularly described as a Water Line Easement tract of approximately 1.4098 acre of land and a Temporary Access and Construction Easement tract of approximately 0.9397 acre of land. All of the easement tracts herein are collectively referenced hereinafter as the “Easements”. The conveyance instruments for the Easements being in form and substance identical to those attached hereto as ATTACHMENT 1; 2.At Closing, the CITY shall pay OWNER, Sixty Two Thousand One Hundred and 00 )as payment for the Easements as Seventy Two Dollars and No Cents ($62,172. Total Compensation. The Total Compensation payment represents full and adequate consideration for all of the easement tracts contemplated herein and any improvements therein, including without limitation, any damages to the remainder of OWNER’s property; 3.The Closing shall be in and through the office of Republic Title of Fort Worth (Title Company) with said Title Company acting as escrow agent, on the date which is 30 days after the Effective Date, unless the OWNER and the CITY mutually agree, in writing, to an earlier or later date (“Closing Date”). The OWNER shall convey the Easements free and clear of all debts and liens. The OWNER shall assist and support satisfaction of all closing requirements in relation to solicitation of release or subordination of liens and encumbrances affecting the Easements, if necessary; 4.The stipulated Total Compensation amount shall be paid by the CITY at closing to the OWNER through the Title Company. All other typical closing costs associated with this transaction shall be paid specifically by the CITY, except for OWNER’s attorney’s fees; Page 1 5.The CITY expressly acknowledges that the Easements are being granted and AS-IS, WHERE-IS WITH ALL FAULTS accepted ,and, OWNER makes no representations or warranties, express or implied, with respect to the physical condition or any other aspect of the Easements; 6.This AGREEMENT is subject to all matters shown of public record to affect the Easements, including all liens, claims, easements, restrictions, covenants, mineral and royalty interests shown of public record, and all other contracts, burdens and encumbrances of any kind affecting the Easements; 7.The date on which this AGREEMENT is executed by the last to sign of the parties shall be the "Effective Date" of this AGREEMENT; 8.This AGREEMENT constitutes the sole and only agreement of the parties and supercedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. CITY OF DENTON By: George C. Campbell, City Manager Date: ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 RAYZOR INVESTMENTS, LTD., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner By: ______________________________ Philip A. Baker, Vice President Date: Page 3 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of: (1) an executed copy of this Agreement. Title Company agrees to comply with and be bound by the terms and provisions of this Agreement and to perform its duties pursuant to the provisions of this Agreement including without limitation those terms relating to compliance with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any Regulations or forms promulgated thereunder. TITLE COMPANY: REPUBLIC TITLE OF FORT WORTH Attn: Joanna Cloud 420 Throckmorton, Suite 640 Fort Worth, Texas 76102 Telephone: (817) 877-1481 Telecopy: (972) 445-5047 By: Printed Name: Title: Contract receipt date: Page 4 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3November 10, 2008 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Vice Chair of the Public Utilities Board thereafter convened into an Open Meeting 7on Monday, November 10, 2008 at 9:00 a.m. in the Service Center Training Room, City of 8Denton Service Center, 901-A Texas Street, Denton, Texas. 9 Present 10: Vice Chair Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson and Bill 11Grubbs (arrived at 9:16 a.m.) 12 13 Ex Officio Members: 14 George C. Campbell, City Manager 15 Howard Martin, ACM Utilities 16 Absent 17: Chair Charldean Newell and John Baines, both excused 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 22The Public Utilities Board has received background information, staff’s recommendations, and 23has had an opportunity to raise questions regarding these items prior to consideration. 24 252)Consider recommending approval of an ordinance authorizing the City Manager or his 26designee to execute an easement purchase agreement by and between the City of Denton, 27Texas and Rayzor Investments, Ltd., and any other documents conveyances that are 28necessary to acquire an approximate 1.4098 acre utility easement, and a temporary 29construction easement of approximately 0.9397 acre, both being located in the N.H. 30Meisenhiemer Survey, Abstract Number 810, City of Denton, Denton County, Texas; 31authorizing the expenditure of funds therefore; and providing an effective date. (North-South 3242-inch Water Line Project) 33 Board Member Randy Robinson moved to approve Item 2 with a second from Board 34 Member Phil Gallivan. The motion was approved by a 4-0 vote. 35 36 37 The meeting was adjourned by consensus at 9:45 a.m. 38 AGENDA INFORMATION SHEET AGENDA DATE: December 2, 2008 DEPARTMENT: Water Utilities ACM: Howard Martin, Utilities 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Street Right-of-Way Purchase Agreement by and between the City of Denton, Texas and Rayzor Investments, LTD., and any other documents and conveyances that are necessary to acquire an approximate 1.2065 acre street right-of-way tract, being located in the N.H. Meisenhiemer Survey, Abstract Number 810, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. (North-South 42-Inch Water Line Project) The Public Utilities Board recommends approval (4-0) BACKGROUND This Street Right-of-Way Purchase Agreement provides for the necessary land rights for a segment of the North-South 42-inch Water Main Project, to provide an additional capacity connection to McKenna Park Tank from the Nicosia stub-out at Loop 288. The project will ensure adequate water supply to the western half of the City, and will aid in conformance regarding elevated water storage requirements of the State of Texas. The alignment of the 42- inch water main in this location is in concert with the future alignment of the Nicosia Street, which will also serve as an access point for the northeast section of North Lakes Park. The Parks and Recreation Department is participating in the funding schedule for this street right-of-way purchase. OPTIONS 1.Recommend that the City Council approve the proposed Agreement. 2.Not recommend that the City Council approve the proposed Agreement. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Street Right-of-Way Purchase Agreement. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board discussed this item at their November 10, 2008 regular meeting. The Board recommends approval (4-0). FISCAL INFORMATION 0000 Purchase price $71,160., and closing costs are estimated to be $4,500.(inclusive of survey documents). The Project is to be funded with utility bond funds. BID INFORMATION None EXHIBITS 1.Location Map 2.Ordinance 3.Street Right-of-Way Purchase Agreement 4.PUB Meeting Minutes Respectfully submitted, Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by, Paul Williamson Real Estate Manager ORDINANCE NO. 2008-________ AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A STREET RIGHT-OF-WAY PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND RAYZOR INVESTMENTS, LTD., AND ANY OTHER DOCUMENTS AND CONVEYANCES THAT ARE NECESSARY TO ACQUIRE AN APPROXIMATE 1.2065 ACRE STREET RIGHT- OF-WAY TRACT, BEING LOCATED IN THE N.H. MEISENHIEMER SURVEY, ABSTRACT NUMBER 810, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (NORTH-SOUTH 42-INCH WATER LINE PROJECT) THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute a Street Right-of-Way Purchase Agreement by and between the City of Denton, Texas, as Purchaser and Rayzor Investments, Ltd., as Seller, substantially in the form that is attached hereto and made a part hereof as Exhibit “A” (the “Agreement”); and the City Manager is hereby authorized to expend the funds pursuant to said Agreement; together with any other documents necessary for the acquisition of the street right-of-way tract, as described in the caption above. The street right-of-way tract is being acquired for purposes of streets, utilities and drainage. SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ______ day of ________________ , 2008. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: ________________________________ STREET RIGHT-OF-WAY PURCHASE AGREEMENT AGREEMENT dated ______________________, 2008 between Rayzor Investments, Ltd. (“OWNER”) and the City of Denton, Texas (“CITY”). WITNESSETH: WHEREAS, Rayzor Investments, Ltd. is the owner of a certain tract of land in the N.H. Meisenheimer Survey, Abstract Number 810, evidenced by conveyance to Rayzor Investments, Ltd. by deed, specifically being Section 3, Tract Fifteen in Volume 1796, Page 601, recorded in the Denton County Deed Records, said tract being affected by the public improvement project called North-South 42-inch Water Line Project (“PROJECT”); and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary street right-of-way for the PROJECT; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1.At Closing, the OWNER shall grant, execute and deliver to the CITY a street right- of-way deed, the right-of-way tract of which traverses Owner’s property, more particularly described as a 1.2065 acre tract of land, referenced hereinafter as the “Street Right-of-Way”. The conveyance instrument for the Street Right-of-Way being in form and substance identical to that instrument attached hereto as ATTACHMENT 1; 2.At Closing, the CITY shall pay OWNER, Seventy One Thousand One Hundred and 00 Sixty Dollars and No Cents ($71,160.) as payment for the Street Right-of-Way as Total Compensation. The Total Compensation payment represents full and adequate consideration for the Street Right-of-Way tract contemplated herein and any improvements therein, including without limitation, any damages to the remainder of OWNER’s property; 3.The Closing shall be in and through the office of Republic Title of Fort Worth (Title Company) with said Title Company acting as escrow agent, on the date which is 30 days after the Effective Date, unless the OWNER and the CITY mutually agree, in writing, to an earlier or later date (“Closing Date”). The OWNER shall convey the Street Right-of-Way free and clear of all debts and liens. The OWNER shall assist and support satisfaction of all closing requirements in relation to solicitation of release or subordination of liens and encumbrances affecting the Street Right-of- Way, if necessary; 4.The stipulated Total Compensation amount shall be paid by the CITY at closing to the OWNER through the Title Company. All other typical closing costs associated with this transaction shall be paid specifically by the CITY, except for OWNER’s attorney’s fees; Page 1 5.The CITY expressly acknowledges that the Street Right-of-Way is being conveyed AS-IS, WHERE-IS WITH ALL FAULTS and accepted , and, OWNER makes no representations or warranties, express or implied, with respect to the physical condition or any other aspect of the Street Right-of-Way; 6.This AGREEMENT is subject to all matters shown of public record to affect the Street Right-of-Way, including all liens, claims, easements, restrictions, covenants, mineral and royalty interests shown of public record, and all other contracts, burdens and encumbrances of any kind affecting the Street Right-of-Way; 7.The date on which this AGREEMENT is executed by the last to sign of the parties shall be the "Effective Date" of this AGREEMENT; 8.This AGREEMENT constitutes the sole and only agreement of the parties and supercedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. CITY OF DENTON By: George C. Campbell, City Manager Date: ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 RAYZOR INVESTMENTS, LTD., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner By: ______________________________ Philip A. Baker, Vice President Date: Page 3 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of: (1) an executed copy of this Agreement. Title Company agrees to comply with and be bound by the terms and provisions of this Agreement and to perform its duties pursuant to the provisions of this Agreement including without limitation those terms relating to compliance with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any Regulations or forms promulgated thereunder. TITLE COMPANY: REPUBLIC TITLE OF FORT WORTH Attn: Joanna Cloud 420 Throckmorton, Suite 640 Fort Worth, Texas 76102 Telephone: (817) 877-1481 Telecopy: (972) 445-5047 By: Printed Name: Title: Contract receipt date: Page 4 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3November 10, 2008 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Vice Chair of the Public Utilities Board thereafter convened into an Open Meeting 7on Monday, November 10, 2008 at 9:00 a.m. in the Service Center Training Room, City of 8Denton Service Center, 901-A Texas Street, Denton, Texas. 9 Present 10: Vice Chair Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson and Bill 11Grubbs (arrived at 9:16 a.m.) 12 13 Ex Officio Members: 14 George C. Campbell, City Manager 15 Howard Martin, ACM Utilities 16 Absent 17: Chair Charldean Newell and John Baines, both excused 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 22The Public Utilities Board has received background information, staff’s recommendations, and 23has had an opportunity to raise questions regarding these items prior to consideration. 24 253)Consider recommending approval of an ordinance authorizing the City Manager or his 26designee to execute a street right-of-way purchase agreement by and between the City of 27Denton, Texas and Rayzor Investments, Ltd., and any other documents and conveyances that 28are necessary to acquire an approximate 1.2065 acre street right-of-way tract, being located 29in the N.H. Meisenhiemer Survey, Abstract Number 810, City of Denton, Denton County, 30Texas; authorizing the expenditure of funds therefore; and providing an effective date. 31(North-South 42-inch Water Line Project) 32 Board Member Randy Robinson moved to approve Item 3 with a second from Board 33 Member Phil Gallivan. The motion was approved by a 4-0 vote. 34 35 36 The meeting was adjourned by consensus at 9:45 a.m. 37 AGENDA INFORMATION SHEET AGENDA DATE: December 2, 2008 DEPARTMENT: Water ACM: Howard Martin, Utilities 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to execute an agreement for purchase and sale entered into by and between the City of Denton, Texas and Rayzor Investments, LTD., together with any other documents and conveyances that are necessary to acquire an approximate 20.5961 acre tract of real property in the N.H. Meisenhiemer Survey, Abstract Number 810, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. (Municipal Services and Northlakes Park Expansion - $1,345,761) BACKGROUND Over the course of the last year, staff has performed site selection activities to identify a location for the envisioned Animal Adoption Facility. The challenge involved finding sites that were: adequate in size to accommodate current and future Animal Services needs for the City, easily accessible and visible to the public, located in reasonable proximity to other public facilities or park like amenities, have infrastructure in-place or readily available for near-term development of the facility, have conducive site topography, and be within contemplated purchase price parameters. Several sites were considered, however the subject site eclipsed all others sites in respect to aggregate criteria measures. The purchase contract provides for the allocation of 14.7189 acres as General Municipal Purposes tract. In addition, for the past several years, staff has also been actively evaluating potential locations for adult recreation soccer fields. The configuration of southerly portion of the subject 20.5961 acre purchase tract is situated to allow for expansion of the northeastern limits of North Lakes Park, with the assemblage of a 5.8774 acre tract, to be conveyed at closing as a Municipal Park tract. RECOMMENDATION Staff recommends adoption of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council Executive Session - February 5, 2008 City Council Executive Session – October 7, 2008 FISCAL INFORMATION 00 General Municipal Purposes tract: $961,734. – September 2008 - Certificates of Obligation, 00 Municipal Park tract: $384,027. – 2005 C.I.P. – Parks and Recreation, plus transaction closing costs EXHIBITS 1.Location Map 2.Ordinance Respectfully submitted, Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by Paul Williamson Real Estate Manager ORDINANCE NO. 2008-________ AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR PURCHASE AND SALE ENTERED INTO BY AND BETWEEN THE CITY OF DENTON, TEXAS AND RAYZOR INVESTMENTS, LTD., TOGETHER WITH ANY OTHER DOCUMENTS AND CONVEYANCES THAT ARE NECESSARY TO ACQUIRE AN APPROXIMATE 20.5961 ACRE TRACT OF REAL PROPERTY IN THE N.H. MEISENHIEMER SURVEY, ABSTRACT NUMBER 810, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (MUNICIPAL SERVICES AND NORTHLAKES PARK EXPANSION - $1,345,761) THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute an Agreement for Purchase and Sale entered into by and between the City of Denton, Texas, as Purchaser and Rayzor Investments, Ltd., as Seller, substantially in the form that is attached hereto and made a part hereof as Exhibit “A” (the “Agreement”), and any other documents necessary for the acquisition of an approximate 20.5961 acre tract of real property, as described in the caption above; which real property is being acquired for a public purpose, to wit: for municipal purposes and public park use. SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ______ day of ________________ , 2008. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: EXHIBIT “A” AGREEMENT OF PURCHASE AND SALE Agreement THIS AGREEMENT OF PURCHASE AND SALE ("") is made and entered into as of the Effective Date (as hereinafter defined) between RAYZOR INVESTMENTS, LTD., a Texas Seller limited partnership (""), and the CITY OF DENTON, a Texas municipal corporation Purchaser (""), upon the terms and conditions specified herein. Section 1. Agreement to Sell and Purchase. Seller hereby agrees to sell to Purchaser, and Purchaser hereby agrees to purchase from Seller, for the Purchase Price (as hereinafter defined) on and subject to the terms and conditions set forth in this Agreement, the parcel of land described in Attachment “1”,Attachment “4”, and generally depicted in both attached hereto and by this Property reference made a part hereof (""), together with all of Seller's rights and interest, if any, in and to all roads, streets, alleys and easements belonging or appurtenant thereto; provided, however, that Seller shall reserve and retain all coal, oil, gas, casing-head gas, and all ores and minerals of Reserved Resources every kind and nature ("") (subject to the surface waivers contained in the Deeds). Section 2. Purchase Price, Opening of Escrow, Earnest Money and Approval. 2.1Purchase PricePurchase Price .The purchase price ("") to be paid by Purchaser to One Million Three Hundred Forty Five Thousand Seven Hundred and Seller for the Property is 00 Sixty One Dollars and No Cents$1,345,761.) (. 2.2Payment of Purchase Price .The Purchase Price shall be payable in Readily Available Funds (as hereinafter defined) at the Closing, and Purchaser shall make certain deposits Section 2.4 to be applied to the Purchase Price at Closing as provided in below. 2.3Delivery to Title Company .Within three business days after the execution and delivery of this Agreement by both Purchaser and Seller, the last executing party shall deliver all executed counterparts of this Agreement to Republic Title of Fort Worth, 420 Throckmorton, Suite Title Company 640, Fort Worth, Texas 76102 (with Joanna Cloud acting as escrow officer) (""). If Purchaser is the last executing party, Purchaser shall deliver Readily Available Funds for the below described Earnest Money to the Title Company simultaneously with its delivery of the executed counterparts of this Agreement. If Seller is the last executing party, Title Company shall promptly notify Purchaser of its receipt of the executed counterparts and Purchaser shall deliver Readily Available Funds for the below described Earnest Money to the Title Company within three (3) business days after such notice. In either case, upon receipt of such funds required to be deposited with Title Company by Purchaser as provided below, Title Company shall execute each counterpart in the space provided below to evidence its receipt of such funds and agreement to hold same in accordance with this Agreement, and Title Company shall return a fully executed counterpart of this Agreement to each of the parties. 2.4Earnest Money .After the execution and delivery of this Agreement by Seller and Purchaser as provided above, Purchaser shall deliver to Title Company Readily Available Funds in 00 Earnest MoneySection the amount of $50,000. ("") within the time periods contemplated under 2.3 above. The Earnest Money shall be held by Title Company in escrow in an interest-bearing account in accordance with the provisions hereof, and all interest accrued on the Earnest Money shall become a part thereof, and all further references to the Earnest Money in this Agreement shall include such accrued interest. The Earnest Money shall be refundable during the Review Period, less $50.00 as sole consideration for the Review Period (the “Option Fee”)(as hereinafter defined) if Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 1 Section 4.1 Purchaser terminates this Agreement in accordance with the provisions of ,or under Sections 13.220 or of this Agreement. In the event Purchaser does not terminate this Agreement Section 4.1 on or before the expiration of the Review Period as provided in hereof, then the Earnest Money shall only be refundable to Purchaser if Purchaser terminates this Agreement in accordance Sections 13.2 20 with the provisions of or hereof. If the transaction contemplated hereby is consummated in accordance with the terms and provisions hereof, the Earnest Money shall be applied to the Purchase Price at the Closing. If the transaction is not so consummated, then any portion of the Earnest Money not refundable to Purchaser as expressly provided herein shall be paid Section 20 to Seller either as liquidated damages under or otherwise in consideration of Seller having entered into this Agreement. Timely delivery of the Earnest Money as specified above shall be a condition precedent to Seller's obligations under this Agreement and in the event of Purchaser's failure to timely deliver same, Seller may terminate this Agreement at any time prior to Purchaser's delivery of Readily Available Funds for such Earnest Money. Section 3. Title Commitment, Survey and Submission Materials . 3.1 Title Commitment .Within 30 days after the Effective Date (subject, however, to Section 4.1.2 below), Seller, at Seller's sole cost and expense, shall deliver or cause to be delivered to Purchaser the following: 3.1.1 Title Title Commitment .Owner's Commitment for Title Insurance (" Commitment ") issued by Title Company, which Title Commitment shall set forth the status of the Property title of the and shall show all easements, restrictions, claims, rights-of-way, Property encroachments and other encumbrances and other matters, if any, affecting the Encumbrances (""); and 3.1.2 Documents.Alegible copy of all documents referred to in the Title Commitment, including but not limited to plats, reservations, restrictions and easements. 3.2 Survey . 3.2.1 Survey Delivery.Within 30 days after the Effective Date (subject, however, Section 4.1.2 to below), Seller, at Purchaser’s sole cost and expense, shall deliver to Survey Purchaser a current survey ("") consisting of a plat and field notes describing the PropertyProperty .Furthermore, it is the desire of the Purchaser for the to be partitioned into two separate tracts for the express purpose of conveyance within the contemplated Property Purchase and Sale transaction herein. Therefore, the Survey of the overall shall Attachment “2” also depict the two separate conveyance tracts described in (General Attachment “3” Municipal Purposes Tract) and in (Municipal Park Tract), and generally Attachment “4”, depicted in all attached hereto and made a part hereof. In that respect, the Survey will also consist of the delivery of certified field notes describing the respective partition tracts referenced herein. The Survey shall be prepared pursuant to a current on-the-ground staked survey performed by Gerry Curtis and Associates or another registered public surveyor or engineer selected by Seller and reasonably acceptable to Purchaser. The Survey shall (i) reflect the actual dimensions of and the total number of Property gross acres of land within the ,and the actual dimensions and acreage of the respective partition tracts (ii) identify any Encumbrances by applicable recording reference and identify any areas in a flood prone or flood hazard area, (iii) include the surveyor's registered number and seal, the date of the Survey and narrative certificate reasonably acceptable to Seller and Purchaser. Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 2 3.2.2 Survey Costs.Purchaser shall pay for the cost of the Survey. 3.3 Permitted Encumbrances .Purchaser may evaluate the status of title as reflected in Section 4.1 the Title Commitment and Survey pursuant to below. Seller shall have no obligation to cure any title matters or issues disclosed in the Title Commitment and/or Survey (but may do so, if Permitted Encumbrances Seller so chooses). The term ""as used herein shall mean the reservation of the Reserved Resources as provided in the Deeds, and any Encumbrances affecting the Property as shown in the Title Commitment and/or Survey, together with all municipal and other governmental zoning laws, regulations and ordinances, if any, affecting the Property. The Permitted Encumbrances shall be specifically listed and attached to the Deeds as Exhibit "B", in each respectively thereto, as constituting the Permitted Encumbrances. Section 4. Purchaser's Review Rights. 4.1 Review Period . 4.1.1 Termination Right.In the event that the Purchaser is not satisfied, in Property Purchaser's sole discretion, with (i) the physical condition and nature of the ,(ii) the Property status of title to the as shown by the Title Commitment and/or Survey or otherwise, (iii) any Tests (as hereinafter defined) or studies conducted by the Purchaser pursuant to Section 8Property hereof and (iv) all other aspects of the ,or if Purchaser is not otherwise Property satisfied in Purchaser’s sole discretion that the is suitable for Purchaser's Intended Conditions Development (as hereinafter defined) or use thereof (collectively, the ""), then Purchaser shall have the option at any time prior to the expiration of 180 days after the Review Period Effective Date ("") to choose one of the following as its sole and exclusive remedy: (i) terminate this Agreement by sending written notice thereof to Seller on or prior to expiration of the Review Period, and on such termination, Purchaser shall be entitled to the , return of the Earnest Money, less the Option Feeand neither party hereto shall have any Section 31 further rights or obligations hereunder (except for Purchaser’s obligations under below, or (ii) elect to waive any of the Conditions and proceed with this transaction, but with no change in any of Purchaser's obligations hereunder and with no reduction in the Purchase Price. In the event Purchaser does not terminate this Agreement on or before the Section 4.1 expiration of the Review Period as specified in this ,then the Earnest Money shall be refundable to Purchaser only if Purchaser terminates this Agreement in accordance Sections 13.2 20 with the provisions of or. 4.1.2 Delay in Delivery of Survey or Title Commitment.Notwithstanding anything herein to the contrary, in the event that Seller does not obtain and deliver either or both of Section 3 the Survey and the Title Commitment within the time periods specified in above, Purchaser's sole and exclusive remedy shall be to extend the Review Period for the number of days that Seller is so delayed in delivering the Survey and/or the Title Commitment, and Seller shall not be deemed in default hereof. If both the Survey and the Title Commitment are delivered late, the number of days that Seller is so delayed in the delivering of both the Survey and the Title Commitment shall run concurrently for purposes of the extension, so that the extension of the Review Period shall be the number of days between (i) the date that Purchaser would have received both the Title Commitment and Survey under the above scheduled time periods and (ii) the actual date on which Purchaser has received both the Title Commitment and Survey. Section 5. [Intentionally Deleted] Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 3 Section 6. Closing Matters . 6.1 Closing DateClosing .The Closing ("") of the sale of the Property by Seller to Purchaser shall occur in and through the office of the Title Company, with Title Company acting as escrow agent, on the date which is thirty (30) days after the expiration of the Review Period, unless Closing Date Seller and Purchaser mutually agree to an earlier or later date (""). 6.2Concurrent Conditions at Closing .At the Closing, all of the following shall occur, all of which shall be deemed concurrent conditions: 6.2.1 Seller Deliveries.Seller, at Seller's sole cost and expense, shall deliver or cause to be delivered to Title Company, as escrow agent, for the immediate disbursement and delivery by the Title Company as hereinafter set forth, the following: a. A Special Warranty Deed for the General Municipal Purposes tract Deeds (collectively referenced herein as ""), substantially in form and substance to Attachment “5" that attached hereto as and by this reference made a part hereof, fully executed and acknowledged by Seller, conveying to Purchaser title to the Property, subject to the Permitted Encumbrances. b. A Special Warranty Deed for the Municipal Park Tract (collectively Deeds referenced herein as ""), substantially in form and substance to that attached Attachment “6" hereto as and by this reference made a part hereof, fully executed and acknowledged by Seller, conveying to Purchaser title to the Property, subject to the Permitted Encumbrances. Affidavit c. An Affidavit ("") that Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. d. The Settlement Statement (as hereinafter defined) prepared by the Title Company for execution by Seller, fully executed by Seller. e. Evidence reasonably satisfactory to Purchaser and the Title Company that Seller (and the person executing the closing documents on behalf of Seller) has the full right, power, and authority to perform this Agreement and complete the Closing hereunder. 6.2.2 Purchaser Deliveries.Purchaser, at Purchaser's sole cost and expense, shall deliver or cause to be delivered to Title Company, as escrow agent, for the immediate disbursement and delivery by the Title Company as hereinafter set forth, the following: a. Immediately available funds in the form of a federal wire transfer, certified or cashier's check, or such other means of funding acceptable to the Title Company so as to constitute readily available funds for immediate disbursement by Readily Available Funds Title Company ("") in an amount equal to the Net Funds Due from Purchaser as shown on the Settlement Statement. b. The Deeds, executed by Grantee to acknowledge the terms, conditions and reservations contained therein. Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 4 c. The Settlement Statement prepared by the Title Company for execution by Purchaser, fully executed by Purchaser. d. Evidence reasonably satisfactory to Seller and the Title Company that Purchaser (and the person executing the closing documents on behalf of Purchaser) has the full right, power, and authority to perform this Agreement and complete the Closing hereunder. 6.2.3 Settlement Statements.At Closing, Title Company shall prepare for Settlement Statement(s) execution by each party a Settlement Statement ("") which shall reflect and show: (i) the Purchase Price and the application of all Earnest Money toward the Purchase Price, (ii) the payoff by Seller of any liens against the Property, (iii) the allocation of costs between the parties as provided herein and other prorations, credits, payments and other adjustments provided for herein, and (iv) the resulting overall funding and disbursement of cash funds necessary to close the transaction and the net funds due from Net Funds Due from PurchaserNet Purchaser ("") and the net funds due to/from Seller (" Funds Due to/from Seller "). 6.2.4 Issuance of Owner Policy.At Purchaser’s sole cost and expense, Title Company shall issue to Purchaser an Owner Policy of Title Insurance (or a binding commitment to so issue with the actual title policy to be delivered within a reasonable period Owner Policy of time after the Closing) ("") in the amount of the Purchase Price insuring that, after the completion of the Closing, Purchaser is the owner of indefeasible fee simple title to the Property, subject only to the Permitted Encumbrances and the standard printed exclusions and exceptions included in a Texas Standard Form Owner Policy of Title Insurance (provided, however, that the survey exception as to areas and boundaries may, at the option and sole expense of Purchaser, be limited to "shortages in area"). 6.3 Closing of Escrow .Upon satisfaction and delivery of all of the matters described in Section 6.2 above, Title Company shall act as escrow agent in closing the transaction hereunder and shall: 6.3.1 Recordation .Title Company shall record the following documents Recorded Documents ("") in the Real Property Records of Denton County, Texas with instructions for the recorder to return the original executed and recorded original of each document to the party specified below: DocumentAfter Recording Return To Deed – General Municipal Purpose Purchaser Deed –Municipal Park PurposePurchaser 6.3.2 Execution of Settlement Statements by Title Company.Title Company shall execute and deliver to each respective party its respective Settlement Statement. 6.3.3 Deliveries to Purchaser.Title Company shall deliver the following documents to Purchaser: (i) original Affidavit Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 5 (ii) file-stamped copy of each Recorded Document 6.3.4 Deliveries to Seller.Title Company shall deliver the following documents to Seller: (i) file-stamped copy of each Recorded Document 6.3.5 Disbursement of Funds.Title Company shall release the Earnest Money from escrow and apply the same to the Purchase Price, and otherwise receive and disburse funds in accordance with the Settlement Statement(s) and deliver to Seller the Net Funds Due to Seller as reflected in the Settlement Statement(s). 6.4Allocation of Closing Costs .Closing costs shall be allocated as follows: 6.4.1 Seller Costs.Seller shall pay: (a) its own attorneys' fees, 6.4.2 Purchaser Costs.Purchaser shall pay: (a) its own attorneys' fees, (b) all of the escrow fees charged by the Title Company, (c) the cost to record the Deeds, (d) the cost of the Survey, and (e) the cost of the basic premium for the Owner Policy, (f) any additional premium or charge to limit the survey exception in the Owner Policy to "shortages in area" if Purchaser desires such coverage or to obtain any other endorsements or additional coverages Purchaser may obtain relative to the Owner Policy (but Seller gives no assurances that any such endorsements or coverages are available and shall have no responsibility with respect thereto). 6.5Taxes .Taxes affecting the Property shall be pro-rated as follows: 6.5.1 General Proration.Ad valorem and similar taxes and assessments (the Taxes "") relating to the Property for the year in which the Closing occurs shall be prorated between Seller and Purchaser as of the Closing Date, in accordance with Section 26.11 of the Texas Tax Code. In this regard the Title Company shall have each taxing unit certify the Seller’s prorated tax liability for the year of closing which amounts will be paid by Seller out of the proceeds of the sale. 6.5.2 Roll-Back Taxes.The parties acknowledge that, for purposes of assessing Taxes against the Property for prior years, the applicable central appraisal district has Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 6 Special Use applied agricultural, open-space or other special use valuation methods (" Valuation ") to arrive at the taxable value of the Property as permitted under the Texas Tax Code, and accordingly a change in land usage of the Property may result in an additional tax (in addition to Taxes for the year in which the Roll-Back Event, as hereinafter defined, occurs) being assessed against the Property (any such additional taxes, together with Roll-Back Taxes interest thereon, being referred to herein as ""). As a tax exempt governmental entity, the Purchaser is exempt for payment of Roll-Back Taxes. A change in ownership will not trigger Roll-Back Tax liability. Therefore, no Roll-Back Taxes will be paid at Closing. 6.6Delivery of Possession .Upon completion of the Closing, Seller shall deliver to Purchaser possession of the Property, subject to the Permitted Encumbrances. Section 7. AS-IS Sale . 7.1 AS-IS Sale .Purchaser expressly acknowledges that the Property is being sold and AS-IS, WHERE-IS WITH ALL FAULTS accepted ,and , except as expressly set forth in Section 12 below, Seller makes no representations or warranties, express or implied, with respect to the physical condition or any other aspect of the Property, including without limitation: (i) the structural integrity of improvements on the Property, if any; (ii) the manner, construction, condition and state of repair or lack of repair of any improvements on the Property; (iii) the conformity of any improvements to any plans or specifications for the Property, including but not limited to any plans and specifications that may have been or which may be provided to Purchaser; (iv) the conformity of the Property to past, current or future applicable zoning or building code requirements or the Property's compliance with any other Laws; (v) the financial earning capacity or history or expense history of the operation of the Property; (vi) the status of title to the Property and the nature and extent of any right-of-way, lease, possession, lien, easement, license, reservation, condition or other Encumbrance affecting the Property; (vii) the existence of soil instability, past soil repairs, soil additions or conditions of soil fill, the Property's susceptibility to landslides, sufficiency of undershoring or sufficiency of drainage to, from or across the Property; (viii) whether the Property is located wholly or partially in a flood plain or a flood hazard boundary or similar area or within any area that may be considered wetlands or jurisdictional waters of the United States; (ix) the existence or non-existence of underground or above ground storage tanks, asbestos, hazardous waste or other toxic or Hazardous Materials (as hereinafter defined) of any kind or any other environmental condition or whether the Property is in compliance with applicable Laws; (x) the Property's investment potential or resale at any future date, at a profit or otherwise; (xi) any tax consequences of ownership of the Property; or (xii) any other matter whatsoever affecting the stability, integrity, Property Conditions other condition or status of the Property (collectively, the ""), and PURCHASER HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVES ANY AND ALL ACTUAL OR POTENTIAL RIGHTS PURCHASER MIGHT HAVE REGARDING ANY FORM OF WARRANTY, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF QUANTITY, QUALITY, CONDITION, HABITABILITY, MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE PROPERTY, ANY IMPROVEMENTS THEREON OR THE PROPERTY CONDITIONS, SUCH WAIVER BEING ABSOLUTE, COMPLETE, TOTAL AND UNLIMITED IN ANY WAY. This waiver only applies to Seller and is not a waiver to any predecessor in title to Seller. 7.2 Information Disclaimer .Any and all information related to the Property provided to Purchaser by Seller (without implying any obligation to deliver such information, however) Information (""), shall be delivered as an accommodation to Purchaser only, without any Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 7 representation or warranty as to the completeness or accuracy of the data or other information contained therein, and all such Information is furnished to Purchaser solely as a courtesy, and Seller has neither verified the accuracy of any statements or other information therein contained, the method used to compile such Information nor the qualifications of the persons preparing such AS-IS, WHERE-IS BASIS, AND PURCHASER Information. The Information is provided on an EXPRESSLY ACKNOWLEDGES THAT, IN CONSIDERATION OF THE AGREEMENTS OF SELLER HEREIN, SELLER MAKES NO REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF QUANTITY, QUALITY, CONDITION, MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE INFORMATION. All such Information shall Section 31 be held by Purchaser in confidence in accordance with the provisions of below. Seller shall provide to Purchaser within 30 days after the Effective Date of this Agreement copies of all environmental and engineering reports it has within its care, custody or control. 7.3 Waiver of Compliance with Requirements .Purchaser expressly acknowledges that Purchaser is not relying on (and Seller hereby disclaims and renounces) any representations or warranties made by or on behalf of Seller of any kind or nature whatsoever, except as expressly Section 12 provided in below. Purchaser acknowledges that the Property may not be in compliance with all Laws that may apply to the Property or any part thereof and the continued ownership, Requirements maintenance, management and repair of the Property (""). Purchaser shall be solely responsible for any and all Requirements, Property Conditions and all other aspects of the Property, whether the same shall be existing as of the Closing Date or not. 7.4 Environmental Waiver .Without limitation, to the fullest extent permitted by law, and except as provided in Section 12, Purchaser, for Purchaser's successors and assigns, hereby releases Seller from and waives any and all claims and liabilities against Seller for, related to or in connection with any environmental condition at the Property (or the presence of any matter or substance relating to the environmental condition of the Property), including, but not limited to, claims and/or liabilities relating to (in any manner whatsoever) any hazardous, toxic or dangerous materials or substances located in, at, about or under the Property, or for any and all claims or causes of action (actual or threatened) based upon, in connection with or arising out of: (i) the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§9601 et CERCLA seq.) (""); (ii) the Resource Conservation and Recovery Act (42 U.S.C. §§6901 et seq.) RCRA (""); (iii) the Superfund Amendments and Reauthorization Act (42 U.S.C. §§9601 et seq.) SARA (""); or (iv) any other claim or cause of action (including any federal or state based statutory, regulatory or common law cause of action, including without limitation, the Texas Solid Waste Disposal Act) related to environmental matters or liability with respect to or affecting the Property. This waiver only applies to Seller and is not a waiver to any predecessor in title to Seller. 7.5 Assumption of Hazardous Material Risks .Without limitation to any of the above, Purchaser assumes the risk that Hazardous Materials may be present in, on or under the Property, and hereby waives, releases and discharges forever, Seller from any and all present or future claims or demands, and any and all damages, loss, injury, claims or costs, including fines, penalties and judgments arising from or in any way related to the condition of the Property or presence of any Hazardous Materials in, on or under the Property, whether or not arising from or attributed to the sole or concurrent negligence of Seller. This waiver only applies to Seller and is not a waiver to any predecessor in title to Seller. 7.6 Purchaser Relying on Own Inspections .Purchaser acknowledges and agrees Sections 7.1 – 7.5 that the provisions contained in above were a material factor in Seller's acceptance of the Purchase Price and that Seller was unwilling to sell the Property to Purchaser Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 8 unless Seller was released as expressly set forth above. With respect to Purchaser's waivers and Sections 7.1 – 7.5 agreements contained in above, the Purchaser represents and warrants to the Seller that: (i) Purchaser is represented by legal counsel in connection with the sale contemplated by this Agreement; (ii) Purchaser, with Purchaser's counsel, has fully reviewed the disclaimers and waivers and agreements set forth in this Agreement and understands their significance and effect; (iii) Purchaser is knowledgeable and experienced in the purchase, operation, ownership, refurbishing and sale of commercial real estate, and is fully able to evaluate the merits and risks of this transaction; and (iv) Purchaser is not in a significantly disparate bargaining position. As part of Section 7 the provisions of this ,but not as a limitation thereon, Purchaser hereby agrees, represents and warrants that the matters released herein are not limited to matters which are known or disclosed. In this connection, to the extent permitted by law, Purchaser hereby agrees, represents and warrants that it realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Purchaser further agrees, represents and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that Purchaser nevertheless hereby intends to release, discharge and acquit Seller from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which might Section 7 in any way be included in the waivers and matters released as set forth in this above. 7.8 Survival .Notwithstanding anything herein to the contrary, all of the terms and Section 7 provisions of this shall survive the Closing. Section 8. Purchaser's Inspection. 8.1Purchaser Acknowledgment .Purchaser acknowledges and agrees that it will have Section 8.2 the opportunity to fully and thoroughly inspect the Property in accordance with below, and Purchaser will conduct such inspections and tests as Purchaser may deem advisable in Purchaser's discretion to fully evaluate and analyze the Property and all Property Conditions. 8.2 Tests .Until the Closing, Purchaser and its agents and employees, at Purchaser's sole risk and expense, shall have the right to enter upon the Property during normal business hours (and subject to advance notice as required below) for inspections, surveying, engineering and other Tests reasonable testing and inspection purposes (""); provided, however, unless Purchaser obtains the prior written approval by Seller (which approval shall not be unreasonably withheld or delayed), all such inspections shall be limited to non-intrusive inspections and studies (such as non-intrusive "Phase I Level" type tests with respect to environmental matters) which do not involve borings or any sampling of any material or media, including soil, surface water, or ground water. Purchaser shall not be permitted to conductintrusive "Phase II Level" environmental or other intrusive testing or any borings or sampling of any material or media, including soil, surface water, or ground water, unless Seller, in Seller's commercially reasonable discretion, has approved in writing such testing and sampling, the specific scope of work therefor and the consultant or persons performing such work; provided, however, Purchaser may conduct routine soil borings on the Property for the purpose of evaluating soil stability and characteristics for typical construction industry purposes directly related Routine Soil Borings to Purchaser's Intended Development ("") without obtaining Seller's prior approval. All Routine Soil Borings shall be conducted in a commercially reasonable manner in accordance with the highest generally accepted construction industry standards, and upon completion of all such Routine Soil Borings, Purchaser shall restore the Property to substantially the same condition as existed prior to such Routine Soil Borings. Any and all activities conducted by Purchaser shall be in accordance with applicable Laws. Any entry upon the Property hereunder is Entry referred to herein as an "". All such activities shall be conducted in such a fashion so as to Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 9 minimize interference with the use of the Property. Purchaser shall promptly repair any damage to the Property as a result of such Tests and restore the Property to its condition which existed prior to such Tests. 8.3 Notice of Entry .Prior to any Entry upon the Property for any purpose permitted hereunder, Purchaser shall give prior notice to and shall coordinate such access through Mr. Philip Baker (telephone 940/387-8711, telecopy 940/566-1591, The Rayzor Company, 400 West Oak Street, Suite 200, Denton, Texas 76201) who will act as Seller's agent with respect thereto. Such notice shall be given at least 24 hours prior to the proposed Entry and shall include the names of the individuals who will be entering the Property and the name of such individual's firm or company, the purpose of the inspection and specific activities which will be conducted by such individuals on the Property, the times during which such Entry shall occur and such other information as may be reasonably requested by Mr. Philip Baker. Purchaser shall fully cooperate with and follow any reasonable additional requirements or instructions given by Mr. Philip Baker with respect to such Entry. 8.4 Interference. Purchaser acknowledges that the Property may currently used by Section 8.2 Seller for agricultural, grazing and/or other purposes and agrees that all activities under above shall be conducted in such a fashion so as to minimize interference with the use of the Property by Seller. 8.5 Insurance .Any consultant or contractor of Purchaser desiring to enter the property for any Tests shall only enter the Property after submitting to Seller certificates of insurance evidencing Commercial General Liability Insurance coverage in commercially reasonable amounts covering such consultant's or contractor's operations on the Property, with Seller included as an additional insured thereunder and stating that such insurance is primary as regards any other insurance maintained by Seller. Section 9. [Intentionally Deleted] Section 10. Agents and Agent Notices. 10.1Agents .Purchaser and Seller hereby represent and warrant to each other that neither party has dealt with any real estate agent, broker or similar party in connection with the sale of the Property to Purchaser. 10.2Indemnification for Brokers' Commissions or Fees .Purchaser agrees that if any claims should be made for commissions allegedly arising from the execution of this Agreement or any sale of the Property to Purchaser by any broker by reason of any acts of Purchaser, Purchaser will protect, defend, indemnify and hold Seller harmless from and against any and all loss, liabilities and expenses in connection therewith. Seller agrees that if any claims should be made for commissions allegedly arising from the execution of this Agreement or any sale of the Property to Purchaser by any broker by reason of any acts of Seller, Seller will protect, defend, indemnify and hold Purchaser harmless from and against any and all loss, liabilities and expenses in connection therewith. Section 11 Miscellaneous Notices . 11.1Texas Water Code .If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49 of the Texas Water Code requires Seller to deliver and Purchaser to sign the statutory notice relating to Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 10 the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this Agreement. 11.2 Utility Service Provider .If the Property is not located within a municipality's limits or amunicipal utility district (MUD) and is located in a certified service area of a utility service provider (a utility, a water supply or sewer service corporation, or a special utility district organized and operating under Chapter 65 of the Texas Water Code), Section 13.257 of the Texas Water Code requires Seller to deliver a notice regarding the utility service provider to Purchaser. 11.5Back-Up Offers .Seller may continue to show the Property for sale and receive, negotiate and accept back-up offers. 11.6 Wetlands, Toxic Substances and Threatened or Endangered Species. Purchaser is advised that the presence of wetlands, toxic substances, including asbestos and wastes or other environmental hazards or the presence of a threatened or endangered species or its habitat may affect Purchaser's intended use of the Property. If Purchaser is concerned about these maters, an addendum to this Agreement should be prepared by the parties and attached hereto.] Section 12. Representations. 12.1 Seller's Representations .Seller represents and warrants to Purchaser the following: 12.1.1 Binding Agreement.This Agreement and all documents to be executed and delivered by Seller at Closing are and at the Closing will be duly authorized, executed, and delivered, and are and at the Closing will be legal, valid, and binding obligations of Seller, and do not and at the Closing will not violate any provisions of any agreement to which Seller is a party or to which Seller is subject. 12.1.2 No Litigation.There are no existing or pending litigation or claims with respect to the Property and, to Seller's actual knowledge, there are no such actions, suits, proceedings, or claims threatened or asserted. 12.1.3 No Violation .To Seller's actual knowledge, Seller has received no notice of any violation of any Law pertaining to the Property or any portion thereof. 12.1.4 Hazardous Material.To Seller's actual knowledge, without independent investigation, there are no Hazardous Materials (as hereinafter defined) which are or have been used, manufactured, placed or stored on the Property. As used above, the term Hazardous Materials ""means any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous material," "hazardous substance," or any similar formation under or pursuant to any state or federal statute or common law rule, (ii) designated as a "hazardous waste" pursuant to Section 311 of the Clean Water Act, 33 U.S.C., §1251 et seq. (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. §1317), (iii) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 44 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (iv) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §9601 et seq. (42 U.S.C. §9601); provided, however, "Hazardous Materials" shall not, for purposes of this representation, include gasoline, diesel fuel or other petroleum products routinely used in connection with farm and ranch operations, nor shall Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 11 such term include any pesticides, herbicides, cattle dipping solutions and other substances which are now or ever have been customarily used in connection with farm and ranch operations (and such exclusion from such term shall include items which were historically used in the farm and ranching industry for such purposes but which may now be banned or otherwise not so used). Seller hereby informs Purchaser that Seller has conducted no independent investigation in connection with the above representation and that Seller has limited knowledge as to such matters and Seller advises Purchaser to conduct independent investigations with respect to such matters as Purchaser may deem necessary or desirable to fully satisfy itself with respect to the environmental condition of the Property, it being understood that the above representation is limited in nature and is only to Seller's actual knowledge, and does not give a complete understanding of the environmental condition of the Property. 12.1.5 Foreign Status.Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. 12.1.6 No Agreements.The Property is not subject to any agreements of sale, or any options or other rights of third parties to acquire any interest therein (other than pursuant to this Agreement), and Seller has and at the Closing Date will have and will convey to Purchaser good and indefeasible fee simple title to the Property, free and clear of all conditions, exceptions, or reservations, except the Permitted Encumbrances. 12.1.7 Parties in Possession.To Seller's actual knowledge there are no adverse or other parties in possession of the Property, or of any part thereof, except Seller. No parties have been granted, and there does not currently exist, any license, lease or other right relating to the use or possession of the Property, or any part thereof. 12.1.8 Condemnation.To Seller's actual knowledge, there are no condemnation proceedings, eminent domain proceedings or similar actions or proceedings now pending or threatened against the Property. 12.2 No Other Representations. SELLER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES WHATSOEVER. 12.3 Seller's Actual Knowledge and Limitations .For purposes of the above, wherever the term "Seller's actual knowledge" or words of similar import are used, it shall be deemed to mean the actual current knowledge of Philip A. Baker, Chief Operating Officer of the general partner of Seller, without any independent investigation. The representations and warranties contained in Subsections 12.1.2, 12.1.312.1.4 and shall survive the Closing hereunder. 12.4 Purchaser's Representations .Purchaser represents and warrants to Seller the following: 12.4.1 Valid Agreement.This Agreement and all documents to be executed and delivered by Purchaser at Closing are and at the Closing will be duly authorized, executed, and delivered, and are and at the Closing will be legal, valid, and binding obligations of Purchaser, and do not and at the Closing will not violate any provisions of any agreement to which Purchaser is a party or to which Purchaser is subject. 12.4.2 Opportunity to Inspect.Purchaser (or its representatives) have been afforded the opportunity to fully and thoroughly inspect the Property, and Purchaser has or will Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 12 conduct such inspections and tests as Purchaser may deem advisable in Purchaser's discretion to fully evaluate and analyze the Property and all Property Conditions, and shall have satisfied itself therewith if Purchaser proceeds to Closing. Section 13. Termination, Default and Remedies. 13.1 Seller's Rights and Remedies . 13.1.1Purchaser Events of Purchaser Events of Default.The following shall be " Default "under this Agreement: (a) Purchaser fails or refuses to consummate the purchase of the Property pursuant to this Agreement at the Closing for any reason other than termination of this Agreement by Purchaser pursuant to a right to so terminate expressly set forth in this Agreement or Seller’s failure to perform Seller’s obligations under this Agreement; or (b) Purchaser fails to perform any of Purchaser's other obligations hereunder either prior to or at the Closing for any reason other than termination of this Agreement by Purchaser pursuant to a right to so terminate expressly set forth in this Agreement or Seller's failure to perform Seller's obligations under this Agreement, and Purchaser fails to cure any such default within five (5) days after written notice thereof from Seller (provided, however, there shall be no notice and opportunity to cure for Purchaser's failure to close the transaction on the Closing Date so as to extend the Closing Date). 13.1.2 Remedies to Seller.Upon the occurrence of any Purchaser Event of Default, Seller shall have (i) the right to terminate this Agreement by giving written notice thereof to Purchaser prior to or at the Closing, whereupon neither party hereto shall have any further rights or obligations hereunder, and Title Company shall deliver the Earnest Money to Seller as liquidated damages, free of any claims by Purchaser or any other person with respect thereto, or (ii) enforce specific performance of Purchaser’s obligations under this Agreement, as its sole and exclusive remedy, except for the Ancillary Remedies defined below. It is agreed that the Earnest Money to which the Seller is entitled in the event of a termination by Seller as a result of a Purchaser Event of Default is a reasonable forecast of just compensation for the harm that would be caused by Purchaser's breach, and that the harm that would be caused by such breach is one that is incapable or very difficult of accurate estimation. Notwithstanding the foregoing, Seller may pursue all rights and remedies available at law or in equity against Purchaser with respect to (i) the express indemnification provisions of this Agreement, (ii) any damages incurred by Seller as a result of Purchaser's failure to comply with the insurance requirements provided for in this Agreement, and (iii) the Section 31 ( provisions of the “Ancillary Remedies”), such remedies to be as additional remedies and not in lieu of the foregoing liquidated damages remedy. 13.2 Purchaser's Rights and Remedies . 13.2.1 Seller Events of Default Seller Events of Default .The following shall be "" under this Agreement: (a) Seller fails or refuses to consummate the sale of the Property pursuant to this Agreement at the Closing; or Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 13 (b) Seller fails to perform any of Seller's other obligations hereunder either prior to or at the Closing for any reason other than the termination of this Agreement by Seller pursuant to a right to so terminate expressly set forth in this Agreement or Purchaser's failure to perform Purchaser's obligations under this Agreement, and Seller does not cure such failure to perform within five (5) days after written notice of such failure from Purchaser to Seller. 13.2.2 Purchaser Remedies.Upon the occurrence of any Seller Event of Default, Purchaser, as Purchaser's sole and exclusive remedy, shall have the right to either (i) enforce specific performance of Seller's obligations under this Agreement, or (ii) terminate this Agreement by giving written notice thereof to Seller prior to or on the date when the Closing Date would have occurred, whereupon neither party hereto shall have any further rights or obligations hereunder, and Title Company shall deliver the Earnest Money to Purchaser, free of any claims by Seller or any other person with respect thereto. 13.3 Disbursement of Earnest Money .In the event either Seller or Purchaser becomes entitled to the Earnest Money (or portion thereof) upon cancellation of this Agreement in accordance with its terms, Purchaser and Seller covenant and agree to deliver a letter of instruction to the Title Company directing disbursement of the Earnest Money (or portion thereof) to the party entitled thereto. Section 14. Conditions Precedent to Purchaser’s and Seller’s Performance . 14.1Conditions Precedent to Purchaser's Performance .Purchaser’s obligation under this Agreement to purchase the Property is subject to the fulfillment of each of the following conditions (any or all of which may be waived by Purchaser) in addition to the other conditions set forth in this Agreement: 14.1.1 Representations True.The representations and warranties of Seller contained herein shall be true, accurate and complete as of the Closing Date; 14.1.2 Seller Ready, Willing and Able.Seller shall be ready, willing and able to deliver title to the Property in accordance with the terms and conditions of this Agreement; and 14.1.3 Seller Delivery of Documents.Seller shall have delivered all the documents Subsection 6.2.1 and other items required pursuant to ,and shall have performed, in all material respects, all other covenants, undertakings and obligations, and complied with all conditions required by this Agreement to be performed or complied with by the Seller at or prior to the Closing. 14.2Conditions Precedent to Seller's Performance .Seller’s obligation under this Agreement to sell the Property to Purchaser is subject to the fulfillment of each of the following conditions (any or all of which may be waived by Seller) in addition to the other conditions set forth in this Agreement: 14.2.1 Representations True.The representations and warranties of Purchaser contained herein shall be true, accurate and complete as of the Closing Date; and Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 14 14.2.2 Delivery of Funds and Performance.Purchaser shall have delivered the Net Funds Due From Purchaser and all other amounts required hereunder and all the Subsection 6.2.2 documents to be executed by Purchaser set forth in and shall have performed, in all material respects, all other covenants, undertakings and obligations, and complied with all conditions required by this Agreement to be performed or complied with by Purchaser at or prior to Closing. Section 15. Notices. 15.1Notice Requirements .Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) delivered in person to the address set forth below for the party to whom the notice is given, (ii) delivered in person at the Closing (if such party is present at the Closing), (iii) placed in the United States mail, return receipt requested, addressed to such party at the address hereinafter specified, (iv) deposited into the custody of Federal Express Corporation or another reputable overnight carrier, to be sent for next day delivery, addressed to such party at the address hereinafter specified, or (v) telecopied by facsimile transmission to such party at the telecopy number listed below, provided that such transmission is confirmed by a machine generated confirmation report indicating successful transmission on the date of such transmission. 15.2Seller's Address .The address of Seller for all purposes under this Agreement and for all notices hereunder shall be: Philip A. Baker Rayzor Investments, Ltd. 400 West Oak Street, Suite 200 Denton, Texas 76201-1771 Telecopy: (940) 566-1591 Telephone: (940) 387-8711 with a copy to: David M. Mellina, Esq. Mellina & Larson, P.C. 777 Main Street, Suite 770 Fort Worth, Texas 76102 Telecopy: (817) 335-1221 Telephone: (817) 335-1200 15.3 Purchaser's Address .The address of Purchaser for all purposes under this Agreement and for all notices hereunder shall be: City of Denton City Service Center 901 A Texas Street Denton, Texas 76209 Attn: Paul Williamson Telecopy: (940) 349-8951 Telephone: (940) 349-8921 With a copy to: Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 15 Anita Burgess, City Attorney City of Denton City Hall 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382-7923 Telephone: (940) 349-8333 15.4 Title Company's Address .The address of Title Company for all purposes under this Agreement and for all notices hereunder shall be: Joanna Cloud Republic Title of Fort Worth 420 Throckmorton, Suite 640 Fort Worth, Texas 76102 Telecopy: (972) 445-5047 Telephone: (817) 877-1481 15.5Change of Address .From time to time either party may designate another address within the 48 contiguous states of the United States of America for all purposes of this Agreement by giving the other party not less than fifteen (15) days' advance written notice of such change of address in accordance with the provisions hereof. Section 16. Entire Agreement . This Agreement (including the exhibits hereto) contains the entire agreement between Seller and Purchaser, and no oral statements or prior written matter not specifically incorporated herein shall be of any force and effect. No variation, modification, or changes hereof shall be binding on either party hereto unless set forth in a document executed by such parties or a duly authorized agent, officer or representative thereof. Section 17. Assigns. This Agreement shall inure to the benefit of and be binding on the parties hereto and their respective legal representatives, successors and assigns; provided, however, Purchaser may not assign its rights under this Agreement without the prior written consent of Seller. Section 18. Time for Execution and Effective Date. After execution of this Agreement by the first party to execute, if the other party does not execute and return a fully executed copy of this Agreement to the Title Company by 5:00 p.m., Fort Worth, Texas time, on the day which is fourteen (14) days after the first party’s execution of this Agreement as indicated beneath such party’s signature in the space provided below, this Agreement shall be null and void. The date on which Effective this Agreement is executed by the last to sign of the Seller and Purchaser shall be the " Date "of this Agreement. Section 19. Time of the Essence. Time is of the essence of this Agreement. Section 20. Taking Prior to Closing .If a portion of the Property becomes subject to a taking under the provisions of eminent domain prior to the Closing to such an extent that there would be a material and adverse affect on Purchaser’s ability to use the Property for Purchaser's Intended Development, Purchaser shall have the option of: (i) closing this transaction as provided herein (with no reduction in the Purchase Price), in which event Seller shall assign to Purchaser at Closing all condemnation proceeds, if any, as a result of such proceeding or (ii) terminating this Agreement by giving Seller written notice thereof within ten (10) days from the date Purchaser receives notice of Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 16 such taking, in which event this Agreement shall be deemed null and void and the parties hereto shall have no further obligations to or recourse against each other either under this Agreement or Section 31 otherwise (except for Purchaser's obligations under above and the indemnification Section 8.2 obligations of Purchaser under above) and the Earnest Money shall be returned to Purchaser. Section 21. Terminology .The captions beside the section numbers of this Agreement are for reference only and shall not modify or affect this Agreement in any manner whatsoever. Wherever required by the context, any gender shall include any other gender, the singular shall include the plural, and the plural shall include the singular. Section 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Section 23. Performance of Agreement. The obligations under the terms of the Agreement are performable in Denton County, Texas, and any and all payments under the terms of the Agreement are to be made in Denton County, Texas. Section 24. Venue. The parties hereto hereby consent that venue of any action brought under this Agreement shall be in Denton County, Texas. Section 25. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Section 26. Rule of Construction. The parties acknowledge that each party and its counsel has reviewed and revised this Agreement, and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Section 27. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party or parties shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party or parties may be entitled. Section 28. Business Days. If the Closing Date or the day for performance of any act required under this Agreement falls on a Saturday, Sunday or legal holiday, then the Closing Date or the day for such performance, as the case may be, shall be the next following regular business day. Section 29. Designation of Reporting Person. Seller and Purchaser hereby designate the Title Reporting Person Company as the ""with respect to the transaction contemplated under this Agreement for purposes of complying with the regulations set forth in 26 C.F.R. Section 1.6045- 4(e)(5). Section 30. Compliance With Section 6045(e) of the Tax Reform Act of 1986 . Title Company hereby agrees to (a) timely file returns with the Internal Revenue Service, on Form 1099-B or such other forms as instructed by the Internal Revenue Service, showing the gross proceeds of each transaction contemplated hereunder, the recipient thereof and such other information as the Internal Revenue Service may by form or regulation require from time to time, and (b) furnish both Seller and Purchaser with a written statement showing the name and address of the Title Company and the Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 17 information shown on such returns with respect to each such transaction. These returns shall be filed to ensure that the parties to these transactions will be in compliance with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations promulgated thereunder. Section 31. Confidentiality/Return of Information. 31.1 No DisclosureSection 31 .Except as otherwise provided in this ,and subject to the requirements of the Texas Public Information Act, being Chapter 552 of the Texas Government Code (the “Act”), neither Purchaser nor Seller shall do any of the following (nor permit their respective brokers, employees, officers, partners or agents to do any of the following): (a) disclose or furnish to any person who is not a party to this Agreement or a broker, employee, officer, partner or agent of a party to this Agreement, the Submission Materials and any other Information supplied by Seller to Purchaser pursuant to this Agreement, or obtained by or for Purchaser pursuant to this Agreement (including, without limitation, any the results of any Tests including, but not limited to, any environmental study, report or analysis); (b) issue any press releases or other announcements regarding this Agreement or the transaction;; or (c) use the Information in Purchaser's business prior to the Closing, except in connection with the evaluation of the acquisition of the Property. 31.2 Exceptions .This Section shall not, however, prohibit either Purchaser or Seller (or an employee, officer, partner or agent of Purchaser or Seller) from making such disclosures regarding this Agreement, the terms and conditions hereof, and the transaction: (i) to Title Company, as may be necessary in connection with the opening, administration and closing of the transaction hereunder and issuance of the Title Commitment (or any amendments thereto) and the Owner Policy contemplated by this Agreement; (ii) to engineers, surveyors, appraisers, accountants and the like, but only to the limited extent reasonably required to permit such persons to prepare surveys, reports and the like for delivery to Purchaser, Seller or Title Company pursuant to this Agreement, or Section 8 in connection with any Tests under ;(iii) as may be required in response to any Public Information Act Request, subpoena or otherwise in connection with any litigation or arbitration with respect to Purchaser, Seller or this Agreement, or as may be required by any regulatory agency having jurisdiction; (iv) to Purchaser's and Seller's respective attorneys; or (v) to prospective lenders or other providers of financing with respect to the Property or the development thereof, or to brokers or investment advisers working with Purchaser in obtaining such investors or financing and if Purchaser has applied to any governmental or quasi-governmental entity for financing, Seller hereby consents to any disclosure regarding this Agreement, the terms and conditions hereof, the transaction and the escrow which may be made in a public session required by Law for obtaining such financing. Notwithstanding anything herein to the contrary, the parties recognize that this Agreement will become a public document under the Act once it is placed upon the City Council’s agenda for approval. As such the parties understand and agree that it will be available for review and copying by any member of the public. 31.3 Post-Closing Disclosures .This Section shall not be deemed to prohibit either Purchaser or Seller, after the Closing, from making announcements, issuing press releases or otherwise making disclosures, which reveal that Purchaser has acquired the Property from Seller. 31.4 Return of Information .Notwithstanding the foregoing or anything contained herein to the contrary, in the event this Agreement is terminated pursuant to an express right of termination hereunder, or if a Purchaser Event of Default exists, or if the transaction contemplated hereunder does not close for any reason whatsoever, then in any of such events Purchaser shall (i) promptly deliver to Seller all Information (without keeping copies) and legible copies of all Test results, surveys, studies, reports and other written materials obtained or produced with respect to Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 18 Purchaser’s inspection and due diligence review of the Property and (ii) maintain in absolute confidence all Information and the results of any such Tests or studies conducted by Purchaser or its consultants with respect to the Property, subject to the requirements of the Act. Section 32. Counterparts .This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original, but which together shall constitute one and same instrument, and the signature pages from any counterpart may be appended to any other counterpart to assemble fully executed documents, and counterparts of this Agreement may also be exchanged via electronic facsimile machines and any electronic facsimile of any party's signature shall be deemed to be an original signature for all purposes; provided, however, that any signature pages transmitted by electronic facsimile shall nevertheless be followed by the exchange of hard copy originals. Section 33. Waiver. The waiver by any party of a breach of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach whether of the same or another provision of this Agreement. IN WITNESS WHEREOF, this Agreement is hereby executed as of the Effective Date. SELLER: RAYZOR INVESTMENTS, LTD., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner By: Name: Philip A. Baker Title: Vice President Date Executed: PURCHASER: CITY OF DENTON, a Texas municipal corporation By: Name: Title: Date Executed: Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 19 By its execution below, Title Company acknowledges receipt of: (1) an executed copy of this Agreement and (2) the Earnest Money described in this Agreement. Title Company agrees to comply with and be bound by the terms and provisions of this Agreement and to perform its duties pursuant to the provisions of this Agreement including without limitation those terms relating to: (i) the holding and delivery of the Earnest Money and (ii) compliance with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any Regulations or forms promulgated thereunder. TITLE COMPANY: REPUBLIC TITLE OF FORT WORTH Attn: Joanna Cloud 420 Throckmorton, Suite 640 Fort Worth, Texas 76102 Telephone: (817) 877-1481 Telecopy: (972) 445-5047 By: Name: Title: Date Executed: Agreement of Purchase and Sale 20.5961 – Part of Riney Tract 20 ATTACHMENT “1” REAL PROPERTY DESCRIPTION SITUATED in the City of Denton, Denton County, Texas, being a portion of the N. H. MEISENHIMER SURVEY Abstract No. 810, and being a portion of that certain parcel described as a residue tract called Section 3, Tract Fifteen in deed to Rayzor Investments, Ltd. recorded in Volume 1796, Page 601, Denton County Deed Records, and a portion of that certain tract conveyed to said Rayzor Investments, Ltd., by deed recorded under County Clerk's File No. 97- R0075657, and said portion and said Tract Fifteen being more fully described as one parcel as follows: BEGINNING at a 5/8" iron rod found in place for the most southerly southwest comer of said Tract Fifteen, and the northwest corner of lot 1, Block 1, YMCA Addition, as shown on plat thereof recorded in Cabinet F, Page 172, of the Denton County Plat Records, said point also being the northeast corner of that certain tract conveyed to The City of Denton for a part of North Lakes Park by deed recorded in Volume 697, Page 207, of said Deed Records and the southeast corner of that certain portion of North Lakes Park conveyed to the City of Denton by deed recorded in Volume 697, Page 213, of said Deed Records; THENCE North 34 degrees, 39 minutes, 40 seconds West with the common line between said Tract Fifteen and a northeasterly line of said City of Denton tract described in Volume 697, Page 213, in all 1161.01 feet to a “Gerry Curtis RPLS 1640" capped 5/8” iron rod found in place for an angle point in said common line; THENCE North 88 degrees, 55 minutes, 40 seconds West with a south line of said Tract Fifteen and a north line of said City of Denton tract described in Volume 697, Page 213, 148.82 feet to an "RPLS 1640" capped 5/8" iron rod set in said south line of Tract Fifteen and a north line of said City of Denton tract described in Volume 697, Page 213, for the southeast corner of that certain tract conveyed to the City of Denton for road purposes (recording information pending); THENCE North 31 degrees, 57 minutes, 30 seconds East, across said Rayzor tract with the southeasterly line of said City of Denton tract, 443.91 feet to an "RPLS 1640" capped 5/8" iron rod set for corner, and North 76 degrees, 57 minutes, 30 seconds East, 35.36 to an "RPLS 1640" capped 5/8" iron rod set for corner in the southwesterly line of that certain Parcel 14 conveyed to the State of Texas for U. S. Highway 77 Business Route (Sanger Road) by deed recorded in Volume 4263, Page 1337, of said Deed Records; THENCE South 58 degrees, 02 minutes, 30 seconds East with said southwesterly line of State of Texas tract, 231.05 feet to a “TXDOT” capped 5/8" iron rod found in place for a northeast corner of said State of Texas tract; THENCE South 31 degrees, 57 minutes, 30 seconds West with a southeasterly line of said State of Texas tract, 10.18 feet to a "TXDOT" capped 5/8" iron rod found in place for an "L" corner of said State of Texas tract; THENCE continuing South 58 degrees, 02 minutes, 30 seconds East with a southwesterly line of said State of Texas tract, 479.85 feet to a "TXDOT" capped 5/8" iron rod found in place for a southeast corner of said State of Texas tract; THENCE North 31 degrees, 57 minutes, 30 seconds East with a southeasterly line of said State of Texas tract, 10.18 feet to a "TXDOT" capped 5/8" iron rod found in place for an “L” corner of said State of Texas tract; THENCE continuing South 58 degrees, 02 minutes, 30 seconds East with a southwesterly line of said State of Texas tract, passing the most southerly southeast corner of said State of Texas Parcel 14 and a west corner of that certain Parcel 25 described in said state of Texas deed recorded in Volume 4263, Page 1337, said Deed Records, and continuing with the southwesterly line of said Parcel 25, in 360.19 feet to a "TXDOT" capped 5/8" iron rod found in place for the most southerly corner of said Parcel 25; THENCE North 24 degrees, 59 minutes, 50 seconds West with the easterly end of said State of Texas Parcel 25, 38.28 feet to the most southerly northwest corner of said Parcel 25 in the northeasterly line of said Rayzor Investments tract described in said Clerk's File No. 97- R0075657 in the pavement of said Sanger Road; THENCE South 56 degrees, 53 minutes, 50 seconds East in said Sanger Road with said northeasterly line of Rayzor Investments tract, 7.67 feet to the most easterly northeast corner of said Rayzor Investments tract, said point by description called to be in the center of Riney Road; THENCE South 25 degrees, 49 minutes East with a northeasterly line of said Rayzor Investments tract, continuing with a northeasterly line of said Tract Fifteen, joining and continuing in a portion of said Riney Road, in all 225.30 feet to a "MAG" nail found for the most northerly corner of that certain tract conveyed to Ralph E. and Karen W. Cordray by deed recorded in Volume 836, Page 370, of said Deed Records; THENCE South 64 degrees, 11 minutes, 20 seconds West with the northwesterly line of said Cordray tract for a southeasterly line of said Tract Fifteen, passing the southwesterly line of said portion of Riney Road, in all 167.50 feet to a 3/8" iron rod found in place for the most westerly corner of said Cordray tract and an "L" corner in said Tract Fifteen; THENCE South 25 degrees, 48 minutes, 40 seconds East with the southwesterly line of said Cordray tract and continuing with a southwesterly line of that certain tract conveyed to William E. and Darlene G. Wyatt by deed recorded in Volume 3114, Page 175 of said Deed Records, for a northeasterly line of said Tract Fifteen, in all 185.76 feet to a 3/8" iron rod found in place for the most southerly corner of said Wyatt tract and an "L" corner in said Tract Fifteen; THENCE North 64 degrees, 11 minutes, 20 seconds East with the southeasterly line of said Wyatt tract for a northwesterly line of said Tract Fifteen, passing said southwesterly line of Riney Road, in all 167.50feet to a "MAG" nail found in place for the most easterly or southeast corner of said Wyatt tract for northwesterly in said Tract Fifteen; THENCE South 25 degrees, 48 minutes, 40 seconds East with a northeasterly line of said Tract Fifteen in said Riney Road, 178.38 feet to a “MAG" nail found in place for the most northerly corner of that certain tract conveyed to Edward Cottle by deed recorded in Volume 792, Page 519 of said Deed Records for a northeast corner of sold Tract Fifteen; THENCE South 64 degrees, 11 minutes, 20 seconds West with a northwesterly line of said Cottle tract for a southeasterly line of said Tract Fifteen, passing said southwesterly line of Riney Road. and continuing partially along a fence line, at 144.3 feet passing a fence corner for the southwest or west corner of said Cottle tract, continuing in all 150.32 feet to a 1/2" iron rod found in place for an “L” corner in said Tract Fifteen; 2 THENCE South 25 degrees, 48 minutes, 50 seconds East with a northeasterly line of said Tract Fifteen, not in common with the southwesterly line of said Cottle tract, at 151.6 feet passing 6.7 feet westerly from a ½”iron rod found in place for the southwest corner of said Cottle tract, continuing in all 248.95 feet for a southeast corner of said Tract Fifteen (not common with the southwest corner of that certain tract conveyed to Kenneth Dale and Myrna Brown by deed recorded in Volume 2078, Page 736, of said Deed Records) in a north line of said Lot 1, Block 1, YMCA Addition; THENCE North 88 degrees, 36 minutes, 45 seconds West with the most southerly south line of said Tract Fifteen and said north line of YMCA Addition, and along a fence line, 589.25 feet to the PLACE OF BEGINNING and containing 20.5961 acres (897,174) square feet. 3 ATTACHMENT “2” General Municipal Purposes Tract SITUATED in the City of Denton, Denton County, Texas, being a portion of the N. H. MEISENHIMER SURVEY Abstract No. 810, and being a portion of that certain parcel described as a residue tract called Section 3, Tract Fifteen in deed to Rayzor Investments, Ltd. recorded in Volume 1796, Page 601, Denton County Deed Records, and a portion of that certain tract conveyed to said Rayzor Investments, Ltd., by deed recorded under County Clerk's File No. 97- R0075657, and said portion and said Tract Fifteen being more fully described as one parcel as follows: COMMENCING at a 5/8" iron rod found in place for the most southerly southwest comer of said Tract Fifteen, and the northwest corner of lot 1, Block 1, YMCA Addition, as shown on plat thereof recorded in Cabinet F, Page 172, of the Denton County Plat Records, said point also being the northeast corner of that certain tract conveyed to The City of Denton for a part of North Lakes Park by deed recorded in Volume 697, Page 207, of said Deed Records and the southeast corner of that certain portion of North Lakes Park conveyed to the City of Denton by deed recorded in Volume 697, Page 213, of said Deed Records; THENCE North 34 degrees, 39 minutes, 40 seconds West with the common line between said Tract Fifteen and a northeasterly line of said City of Denton tract described in Volume 697, Page 213, a distance of 441.27 feet to a “Gerry Curtis RPLS 1640" capped 5/8” iron rod found in place, and being the PLACE OF BEGINNING; THENCE North 34 degrees, 39 minutes, 40 seconds West continuing with the common line between said Tract Fifteen and a northeasterly line of said City of Denton tract described in Volume 697, Page 213, a distance of 719.74 feet to a “Gerry Curtis RPLS 1640" capped 5/8” iron rod found in place for an angle point in said common line; THENCE North 88 degrees, 55 minutes, 40 seconds West with a south line of said Tract Fifteen and a north line of said City of Denton tract described in Volume 697, Page 213, 148.82 feet to an "RPLS 1640" capped 5/8" iron rod set in said south line of Tract Fifteen and a north line of said City of Denton tract described in Volume 697, Page 213, for the southeast corner of that certain tract conveyed to the City of Denton for road purposes (recording information pending); THENCE North 31 degrees, 57 minutes, 30 seconds East, across said Rayzor tract with the southeasterly line of said City of Denton tract, 443.91 feet to an "RPLS 1640" capped 5/8" iron rod set for corner, and North 76 degrees, 57 minutes, 30 seconds East, 35.36 to an "RPLS 1640" capped 5/8" iron rod set for corner in the southwesterly line of that certain Parcel 14 conveyed to the State of Texas for U. S. Highway 77 Business Route (Sanger Road) by deed recorded in Volume 4263, Page 1337, of said Deed Records; THENCE South 58 degrees, 02 minutes, 30 seconds East with said southwesterly line of State of Texas tract, 231.05 feet to a “TXDOT” capped 5/8" iron rod found in place for a northeast corner of said State of Texas tract; THENCE South 31 degrees, 57 minutes, 30 seconds West with a southeasterly line of said State of Texas tract, 10.18 feet to a "TXDOT" capped 5/8" iron rod found in place for an "L" corner of said State of Texas tract; THENCE continuing South 58 degrees, 02 minutes, 30 seconds East with a southwesterly line of said State of Texas tract, 479.85 feet to a "TXDOT" capped 5/8" iron rod found in place for a southeast corner of said State of Texas tract; THENCE North 31 degrees, 57 minutes, 30 seconds East with a southeasterly line of said State of Texas tract, 10.18 feet to a "TXDOT" capped 5/8" iron rod found in place for an “L” corner of said State of Texas tract; THENCE continuing South 58 degrees, 02 minutes, 30 seconds East with a southwesterly line of said State of Texas tract, passing the most southerly southeast corner of said State of Texas Parcel 14 and a west corner of that certain Parcel 25 described in said state of Texas deed recorded in Volume 4263, Page 1337, said Deed Records, and continuing with the southwesterly line of said Parcel 25, in 360.19 feet to a "TXDOT" capped 5/8" iron rod found in place for the most southerly corner of said Parcel 25; THENCE North 24 degrees, 59 minutes, 50 seconds West with the easterly end of said State of Texas Parcel 25, 38.28 feet to the most southerly northwest corner of said Parcel 25 in the northeasterly line of said Rayzor Investments tract described in said Clerk's File No. 97- R0075657 in the pavement of said Sanger Road; THENCE South 56 degrees, 53 minutes, 50 seconds East in said Sanger Road with said northeasterly line of Rayzor Investments tract, 7.67 feet to the most easterly northeast corner of said Rayzor Investments tract, said point by description called to be in the center of Riney Road; THENCE South 25 degrees, 49 minutes East with a northeasterly line of said Rayzor Investments tract, continuing with a northeasterly line of said Tract Fifteen, joining and continuing in a portion of said Riney Road, in all 225.30 feet to a "MAG" nail found for the most northerly corner of that certain tract conveyed to Ralph E. and Karen W. Cordray by deed recorded in Volume 836, Page 370, of said Deed Records; THENCE South 64 degrees, 11 minutes, 20 seconds West with the northwesterly line of said Cordray tract for a southeasterly line of said Tract Fifteen, passing the southwesterly line of said portion of Riney Road, in all 167.50 feet to a 3/8" iron rod found in place for the most westerly corner of said Cordray tract and an "L" corner in said Tract Fifteen; THENCE South 25 degrees, 48 minutes, 40 seconds East with the southwesterly line of said Cordray tract and continuing with a southwesterly line of that certain tract conveyed to William E. and Darlene G. Wyatt by deed recorded in Volume 3114, Page 175, of said Deed Records, for a northeasterly line ofsaid Tract Fifteen, in all 185.76 feet to a 3/8" iron rod found in place for the most southerly corner of said Wyatt tract and an "L" corner in said Tract Fifteen; THENCE West across Section 3, Tract Fifteen a distance of 638.49 feet to a “Gerry Curtis RPLS 1640" capped 5/8” iron rod found in place, and being the PLACE OF BEGINNING and containing 14.7189 acres (641,156) square feet. 2 ATTACHMENT “3” Municipal Park Tract SITUATED in the City of Denton, Denton County, Texas, being a portion of the N. H. MEISENHIMER SURVEY Abstract No. 810, and being a portion of that certain parcel described as a residue tract called Section 3, Tract Fifteen in deed to Rayzor Investments, Ltd. recorded in Volume 1796, Page 601, Denton County Deed Records, being more fully described as follows: BEGINNING at a 5/8" iron rod found in place for the most southerly southwest corner of said Tract Fifteen, and the northwest corner of Lot 1, Block 1, YMCA Addition, as shown on plat thereof recorded in Cabinet F, Page 172, of the Denton County Plat Records, said point also being the northeast corner of that certain tract conveyed to The City of Denton for a part of North Lakes Park by deed recorded in Volume 697, Page 207, of said Deed Records and the southeast corner of that certain portion of North Lakes Park conveyed to the City of Denton by deed recorded in Volume 697, Page 213, of said Deed Records; THENCE North 34 degrees, 39 minutes, 40 seconds West with the common line between said Tract Fifteen and a northeasterly line of said City of Denton tract described in Volume 697, Page 213, a distance of 441.27 feet to a “Gerry Curtis RPLS 1640" capped 5/8” iron rod found in place; THENCE East across said Section 3, Tract Fifteen a distance of 638.49 feet to a 3/8” iron rod found in place for an “L” corner in said Tract Fifteen, same being the most southerly corner of that certain tract conveyed to William E. and Darlene G. Wyatt by deed recorded in Volume 3114, Page 175 of the Deed Records; THENCE North 64 degrees, 11 minutes, 20 seconds East with the southeasterly line of said Wyatt tract for a northwesterly line of said Tract Fifteen, passing said southwesterly line of Riney Road, in all 167.50 feet to a "MAG" nail found in place for the most easterly or southeast corner of said Wyatt tract for northwesterly in said Tract Fifteen; THENCE South 25 degrees, 48 minutes, 40 seconds East with a northeasterly line of said Tract Fifteen in said Riney Road, 178.38 feet to a “MAG" nail found in place for the most northerly corner of that certain tract conveyed to Edward Cottle by deed recorded in Volume 792, Page 519 of said Deed Records for a northeast corner of sold Tract Fifteen; THENCE South 64 degrees, 11 minutes, 20 seconds West with a northwesterly line of said Cottle tract for a southeasterly line of said Tract Fifteen, passing said southwesterly line of Riney Road, and continuing partially along a fence line, at 144.3 feet passing a fence corner for the southwest or west corner of said Cottle tract, continuing in all 150.32 feet to a 1/2" iron rod found in place for an “L” corner in said Tract Fifteen; THENCE South 25 degrees, 48 minutes, 50 seconds East with a northeasterly line of said Tract Fifteen, not in common with the southwesterly line of said Cottle tract, at 151.6 feet passing 6.7 feet westerly from a 1/2”iron rod found in place for the southwest corner of said Cottle tract, continuing in all 248.95 feet for a southeast corner of said Tract Fifteen (not common with the southwest corner of that certain tract conveyed to Kenneth Dale and Myrna Brown by deed recorded in Volume 2078, Page 736, of said Deed Records) in a north line of said Lot 1, Block 1, YMCA Addition; THENCE North 88 degrees, 36 minutes, 45 seconds West with the most southerly south line of said Tract Fifteen and said north line of YMCA Addition, and along a fence line 589.25 feet to the PLACE OF BEGINNING and containing 5.8774 acres (256,018) square feet. 2 ATTACHMENT “4” Survey Plat Sketch ATTACHMENT “5” SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § §KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF DENTON § RAYZOR INVESTMENTS, LTD., a Texas limited partnership, hereinafter referred to as "Grantor", for the sum of TEN AND NO/100 DOLLARS ($10.00) cash and other good and valuable consideration to it paid by the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD, and CONVEYED, and by these presents does GRANT, BARGAIN, SELL, and CONVEY unto THE CITY OF DENTON, a Texas municipal corporation of the County of Denton, State of Texas, herein referred to as “Grantee” all of that certain tract or parcel of land containing approximately 14.7189 acres as more particularly described in Exhibit “A” attached hereto and made a part hereof by reference, together with all improvements thereon, appurtenances thereto, and all of Grantor’s right, title, and interest, if any, in and to all roads, streets, alleys and easements belonging to or appurtenant thereto (the “Property”) This conveyance, however, is made and accepted subject to any and all validly existing encumbrances, conditions and restrictions, relating to the hereinabove described property as now reflected by the records of the County Clerk of DENTON County, Texas (the “Permitted Encumbrances”). Grantor hereby retains and reserves, for Grantor and its successors and assigns forever, all of the subsurface mineral rights of every kind and nature (“Reserved Resources”). Grantor waives and releases, on behalf of Grantor and Grantor’s successors and assigns, all rights of ingress and egress and all other rights to enter upon or to use the surface of the Property or any part thereof for purposes of exploring for, developing and/or producing the Reserved Resources in and under the Property. TO HAVE AND TO HOLD the Property together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its legal representatives, successors, and assigns forever; and Grantor does hereby bind itself, its legal representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Property, subject to the Permitted Encumbrances and Reserved Resources, unto Grantee, its legal representatives, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. WITNESS THE EXECUTION HEREOF as of the day of ,2008. EFFECTIVE as of the execution date hereof. GRANTOR: RAYZOR INVESTMENTS, LTD., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner By: _______________________________ Philip A. Baker, Vice President ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me this _____ day of _____________, 2008 by Philip A. Baker, Vice President of The Rayzor Company. ________________________________ Notary Public, State of Texas Printed name: _____________________ My commission expires: _____________ After recording, return to : City of Denton City Service Center – Utilities Engineering 901-A Texas Street Denton, Texas 76209 Attention: Paul Williamson Send Tax Billing Statements to : City of Denton – Main City Hall Attn: Finance Department 215 East McKinney Street Denton, Texas 76201 2 EXHIBIT “A” General Municipal Purposes Tract SITUATED in the City of Denton, Denton County, Texas, being a portion of the N. H. MEISENHIMER SURVEY Abstract No. 810, and being a portion of that certain parcel described as a residue tract called Section 3, Tract Fifteen in deed to Rayzor Investments, Ltd. recorded in Volume 1796, Page 601, Denton County Deed Records, and a portion of that certain tract conveyed to said Rayzor Investments, Ltd., by deed recorded under County Clerk's File No. 97-R0075657, and said portion and said Tract Fifteen being more fully described as one parcel as follows: COMMENCING at a 5/8" iron rod found in place for the most southerly southwest comer of said Tract Fifteen, and the northwest corner of lot 1, Block 1, YMCA Addition, as shown on plat thereof recorded in Cabinet F, Page 172, of the Denton County Plat Records, said point also being the northeast corner of that certain tract conveyed to The City of Denton for a part of North Lakes Park by deed recorded in Volume 697, Page 207, of said Deed Records and the southeast corner of that certain portion of North Lakes Park conveyed to the City of Denton by deed recorded in Volume 697, Page 213, of said Deed Records; THENCE North 34 degrees, 39 minutes, 40 seconds West with the common line between said Tract Fifteen and a northeasterly line of said City of Denton tract described in Volume 697, Page 213, a distance of 441.27 feet to a “Gerry Curtis RPLS 1640" capped 5/8” iron rod found in place, and being the PLACE OF BEGINNING; THENCE North 34 degrees, 39 minutes, 40 seconds West continuing with the common line between said Tract Fifteen and a northeasterly line of said City of Denton tract described in Volume 697, Page 213, a distance of 719.74 feet to a “Gerry Curtis RPLS 1640" capped 5/8” iron rod found in place for an angle point in said common line; THENCE North 88 degrees, 55 minutes, 40 seconds West with a south line of said Tract Fifteen and a north line of said City of Denton tract described in Volume 697, Page 213, 148.82 feet to an "RPLS 1640" capped 5/8" iron rod set in said south line of Tract Fifteen and a north line of said City of Denton tract described in Volume 697, Page 213, for the southeast corner of that certain tract conveyed to the City of Denton for road purposes (recording information pending); THENCE North 31 degrees, 57 minutes, 30 seconds East, across said Rayzor tract with the southeasterly line of said City of Denton tract, 443.91 feet to an "RPLS 1640" capped 5/8" iron rod set for corner, and North 76 degrees, 57 minutes, 30 seconds East, 35.36 to an "RPLS 1640" capped 5/8" iron rod set for corner in the southwesterly line of that certain Parcel 14 conveyed to the State of Texas for U. S. Highway 77 Business Route (Sanger Road) by deed recorded in Volume 4263, Page 1337, of said Deed Records; THENCE South 58 degrees, 02 minutes, 30 seconds East with said southwesterly line 3 of State of Texas tract, 231.05 feet to a “TXDOT” capped 5/8" iron rod found in place for anortheast corner of said State of Texas tract; THENCE South 31 degrees, 57 minutes, 30 seconds West with a southeasterly line of said State of Texas tract, 10.18 feet to a "TXDOT" capped 5/8" iron rod found in place for an "L" corner of said State of Texas tract; THENCE continuing South 58 degrees, 02 minutes, 30 seconds East with a southwesterly line of said State of Texas tract, 479.85 feet to a "TXDOT" capped 5/8" iron rod found in place for a southeast corner of said State of Texas tract; THENCE North 31 degrees, 57 minutes, 30 seconds East with a southeasterly line of said State of Texas tract, 10.18 feet to a "TXDOT" capped 5/8" iron rod found in place for an “L” corner of said State of Texas tract; THENCE continuing South 58 degrees, 02 minutes, 30 seconds East with a southwesterly line of said State of Texas tract, passing the most southerly southeast corner of said State of Texas Parcel 14 and a west corner of that certain Parcel 25 described in said state of Texas deed recorded in Volume 4263, Page 1337, said Deed Records, and continuing with the southwesterly line of said Parcel 25, in 360.19 feet to a "TXDOT" capped 5/8" iron rod found in place for the most southerly corner of said Parcel 25; THENCE North 24 degrees, 59 minutes, 50 seconds West with the easterly end of said State of Texas Parcel 25, 38.28 feet to the most southerly northwest corner of said Parcel 25 in the northeasterly line of said Rayzor Investments tract described in said Clerk's File No. 97-R0075657 in the pavement of said Sanger Road; THENCE South 56 degrees, 53 minutes, 50 seconds East in said Sanger Road with said northeasterly line of Rayzor Investments tract, 7.67 feet to the most easterly northeast corner of said Rayzor Investments tract, said point by description called to be in the center of Riney Road; THENCE South 25 degrees, 49 minutes East with a northeasterly line of said Rayzor Investments tract, continuing with a northeasterly line of said Tract Fifteen, joining and continuing in a portion of said Riney Road, in all 225.30 feet to a "MAG" nail found for the most northerly corner of that certain tract conveyed to Ralph E. and Karen W. Cordray by deed recorded in Volume 836, Page 370, of said Deed Records; THENCE South 64 degrees, 11 minutes, 20 seconds West with the northwesterly line of said Cordray tract for a southeasterly line of said Tract Fifteen, passing the southwesterly line of said portion of Riney Road, in all 167.50 feet to a 3/8" iron rod found in place for the most westerly corner of said Cordray tract and an "L" corner in said Tract Fifteen; THENCE South 25 degrees, 48 minutes, 40 seconds East with the southwesterly line of said Cordray tract and continuing with a southwesterly line of that certain tract conveyed to William E. and Darlene G. Wyatt by deed recorded in Volume 3114, Page 175, of 4 said Deed Records, for a northeasterly line ofsaid Tract Fifteen, in all 185.76 feet to a 3/8" iron rod found in place for the most southerly corner of said Wyatt tract and an "L" corner in said Tract Fifteen; THENCE West across Section 3, Tract Fifteen a distance of 638.49 feet to a “Gerry Curtis RPLS 1640" capped 5/8” iron rod found in place, and being the PLACE OFBEGINNING and containing 14.7189 acres (641,156) square feet. 5 EXHIBIT “B” (Reserved for Permitted Encumbrances) 6 ATTACHMENT “6” SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § §KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF DENTON § RAYZOR INVESTMENTS, LTD., a Texas limited partnership, hereinafter referred to as "Grantor", for the sum of TEN AND NO/100 DOLLARS ($10.00) cash and other good and valuable consideration to it paid by the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD, and CONVEYED, and by these presents does GRANT, BARGAIN, SELL, and CONVEY unto THE CITY OF DENTON, a Texas municipal corporation of the County of Denton, State of Texas, herein referred to as “Grantee” all of that certain tract or parcel of land containing approximately 5.8774 acres as more particularly described in Exhibit “A” attached hereto and made a part hereof by reference, together with all improvements thereon, appurtenances thereto, and all of Grantor’s right, title, and interest, if any, in and to all roads, streets, alleys and easements belonging to or appurtenant thereto (the “Property”) This conveyance, however, is made and accepted subject to any and all validly existing encumbrances, conditions and restrictions, relating to the hereinabove described property as now reflected by the records of the County Clerk of DENTON County, Texas (the “Permitted Encumbrances”). Grantor hereby retains and reserves, for Grantor and its successors and assigns forever, all of the subsurface mineral rights of every kind and nature (“Reserved Resources”). Grantor waives and releases, on behalf of Grantor and Grantor’s successors and assigns, all rights of ingress and egress and all other rights to enter upon or to use the surface of the Property or any part thereof for purposes of exploring for, developing and/or producing the Reserved Resources in and under the Property. TO HAVE AND TO HOLD the Property together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its legal representatives, successors, and assigns forever; and Grantor does hereby bind itself, its legal representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Property, subject to the Permitted Encumbrances and Reserved Resources, unto Grantee, its legal representatives, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. WITNESS THE EXECUTION HEREOF as of the day of ,2008. EFFECTIVE as of the execution date hereof. GRANTOR: RAYZOR INVESTMENTS, LTD., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner By: _______________________________ Philip A. Baker, Vice President ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me this _____ day of _____________, 2008 by Philip A. Baker, Vice President of The Rayzor Company. ________________________________ Notary Public, State of Texas Printed name: _____________________ My commission expires: _____________ After recording, return to : City of Denton City Service Center – Utilities Engineering 901-A Texas Street Denton, Texas 76209 Attention: Paul Williamson Send Tax Billing Statements to : City of Denton – Main City Hall Attn: Finance Department 215 East McKinney Street Denton, Texas 76201 2 EXHIBIT “A” Municipal Park Tract SITUATED in the City of Denton, Denton County, Texas, being a portion of the N. H. MEISENHIMER SURVEY Abstract No. 810, and being a portion of that certain parcel described as a residue tract called Section 3, Tract Fifteen in deed to Rayzor Investments, Ltd. recorded in Volume 1796, Page 601, Denton County Deed Records, being more fully described as follows: BEGINNING at a 5/8" iron rod found in place for the most southerly southwest corner of said Tract Fifteen, and the northwest corner of Lot 1, Block 1, YMCA Addition, as shown on plat thereof recorded in Cabinet F, Page 172, of the Denton County Plat Records, said point also being the northeast corner of that certain tract conveyed to The City of Denton for a part of North Lakes Park by deed recorded in Volume 697, Page 207, of said Deed Records and the southeast corner of that certain portion of North Lakes Park conveyed to the City of Denton by deed recorded in Volume 697, Page 213, of said Deed Records; THENCE North 34 degrees, 39 minutes, 40 seconds West with the common line between said Tract Fifteen and a northeasterly line of said City of Denton tract described in Volume 697, Page 213, a distance of 441.27 feet to a “Gerry Curtis RPLS 1640" capped 5/8” iron rod found in place; THENCE East across said Section 3, Tract Fifteen a distance of 638.49 feet to a 3/8” iron rod found in place for an “L” corner in said Tract Fifteen, same being the most southerly corner of that certain tract conveyed to William E. and Darlene G. Wyatt by deed recorded in Volume 3114, Page 175 of the Deed Records; THENCE North 64 degrees, 11 minutes, 20 seconds East with the southeasterly line of said Wyatt tract for a northwesterly line of said Tract Fifteen, passing said southwesterly line of Riney Road, in all 167.50 feet to a "MAG" nail found in place for the most easterly or southeast corner of said Wyatt tract for northwesterly in said Tract Fifteen; THENCE South 25 degrees, 48 minutes, 40 seconds East with a northeasterly line of said Tract Fifteen in said Riney Road, 178.38 feet to a “MAG" nail found in place for the most northerly corner of that certain tract conveyed to Edward Cottle by deed recorded in Volume 792, Page 519 of said Deed Records for a northeast corner of sold Tract Fifteen; THENCE South 64 degrees, 11 minutes, 20 seconds West with a northwesterly line of said Cottle tract for a southeasterly line of said Tract Fifteen, passing said southwesterly line of Riney Road, and continuing partially along a fence line, at 144.3 feet passing a fence corner for the southwest or west corner of said Cottle tract, continuing in all 150.32 feet to a 1/2" iron rod found in place for an “L” corner in said Tract Fifteen; THENCE South 25 degrees, 48 minutes, 50 seconds East with a northeasterly line of 3 said Tract Fifteen, not in common with the southwesterly line of said Cottle tract, at 151.6 feet passing 6.7 feet westerly from a 1/2”iron rod found in place for the southwest corner of said Cottle tract, continuing in all 248.95 feet for a southeast corner of said Tract Fifteen (not common with the southwest corner of that certain tract conveyed to Kenneth Dale and Myrna Brown by deed recorded in Volume 2078, Page 736, of said Deed Records) in a north line of said Lot 1, Block 1, YMCA Addition; THENCE North 88 degrees, 36 minutes, 45 seconds West with the most southerly south line of said Tract Fifteen and said north line of YMCA Addition, and along a fence line 589.25 feet to the PLACE OF BEGINNING and containing 5.8774 acres (256,018) square feet. 4 EXHIBIT “B” (Reserved for Permitted Encumbrances) 5 AGENDA INFORMATION SHEET AGENDA DATE: December 2, 2008 DEPARTMENT: Utility Administration ACM: Howard Martin, Utilities 349-8232 SUBJECT Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute a Water Main and Sewer Main Pro-Rata Reimbursement Agreement between the City of Denton, Texas and KLR Development LLC. for reimbursement of the costs of building a water main and sewer main, through pro-rata charges paid to the City; authorizing ò the transfer of funds pursuant to the agreement; and providing an effective dateThe Public Utilities Board recommends approval (4-0). BACKGROUND (see KLR is in the process of developing a small property within the City Limits of Denton Exhibit 1) . The development, named Ryan Road Estates, features eight residential lots. The water main extension included 1,234 ft. of offsite 12-in. and 8-in. water main, as shown on Exhibit 2 . The 12-in section along Ryan Road was subject to City participation for over sizing from an 8-inch to a 12-inch pipeline covered through a separate oversize participation agreement. Therefore the developer costs eligible for reimbursement through a pro rata agreement were based upon an 8 inch pipelining cost. In addition, due to the small nature of the development and its unusual configuration, the offsite waterline extension subject to this waterline pro rata Exhibit 2. agreement is identified and shown on Similarly, the offsite sewer main extension Exhibit 3 included 1,635 ft. of offsite 8-in. sewer main, as shown on . The costs for these (Exhibit 4) facilities and the unit costs for them are detailed in . These unit costs are incorporated into the Water Main and Sewer Main Pro-Rata Reimbursement Agreements using (Attachment 1) the standard agreement form . This Agreement will provide KLR a means of recovering the costs of the offsite water and sewer mains from the adjacent properties when they connect or develop. OPTIONS 1.Approve the Pro-Rata Agreement as prepared and submitted by Staff. 2.Reject the Pro-Rata Agreement. RECOMMENDATIONS Staff recommends approval of the Water Main and Sewer Main Pro-Rata Reimbursement Agreement as prepared and submitted. The Agreement provides a mechanism for KLR to recover the costs of these offsite mains from owners of adjacent properties when they connect or develop, and is consistent with the current policies and procedures for these agreements as outlined within the subdivision development code. ESTIMATED SCHEDULE OF PROJECT Construction of the water and sewer mains is essentially complete; a final walk-through meeting has not yet been conducted. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board discussed this item at their November 10, 2008 regular meeting. The Board recommends approval (4-0). FISCAL INFORMATION The City has no financial obligation under this Agreement but will be required to collect the pro rata charges and forward these to KLR when the adjacent properties develop and connect to the water or sewer mains. EXHIBITS ïò Location Map îò Water Main Pro Rata Map íò Sewer Main Pro Rata Map ìò Proposed Offsite Water Main and Wastewater Main Costs ëò Ordinance êò PUB Meeting Minutes ATTACHMENTS 1. Pro Rata Agreement Respectfully submitted: Jim Coulter Director of Water Utilities Prepared by: James B. Jenks, P.E. 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A lA~ rvr ~.. 4 c f { 4 " ~iri~r r Is~. r S,fl 1 n {y;i § V ~ ~p M~~` 'B p a , Χ¿²Î±¿¼Û¬¿¬» Ѻº·¬»É¿¬»®Ó¿·²¿²¼Í»©»®Ó¿·²Ð®±Î¿¬¿Ý±¬ É¿¬»® Ü»½®·°¬·±²Ï«¿²¬·¬§Ë²·¬Ë²·¬Ð®·½»Í«¾¬±¬¿´ ݱ²²»½¬¬±»¨·¬·²¹©¿¬»®§¬»³¿²¼·²¬¿´´ïî¨è®»¼«½»®ïÛßïôîððòððüüïôîððòðð è·²òÜÎïè©¿¬»®´·²»ø¬±¾»±ª»®·¦»¼¬±ïî·²ò¾§Ý·¬§÷èêçÔÚüîïòððüïèôîìçòðð è·²òÜÎïè©¿¬»®´·²»ìðíÔÚüîïòððüèôìêíòðð Ñ°»²½«¬Î§¿²Î±¿¼¿²¼®»°´¿½»¿°¸¿´¬ëðÔÚüèðòððüìôðððòðð è·²òìë¼»¹®»»¾»²¼îÛßíëðòððüüéððòðð è·²òçð¼»¹®»»¾»²¼îÛßìððòððüüèððòðð è·²ò¨è·²ò¬»»ïÛßëððòððüüëððòðð è·²ò¹¿¬»ª¿´ª»ïÛßéððòððüüéððòðð è·²ò®»¬®¿·²»¼»²¼°´«¹ïÛßìððòððüüìððòðð Ó¿¬»®·¿´Ì»¬·²¹ïÔÍëððòððüüëððòðð É¿¬»®Ì»¬·²¹ïÔÍëððòððüüëððòðð Þ±²¼ïÔÍïôðððòððüüïôðððòðð É¿¬»®Ì±¬¿´üíéôðïîòðð É¿¬»®´·²»º±±¬¿¹»ïôîéî É¿¬»®Ð®±Î¿¬¿½±¬°»®º±±¬üîçòïð Í»©»® Ü»½®·°¬·±²Ï«¿²¬·¬§Ë²·¬Ë²·¬Ð®·½»Í«¾¬±¬¿´ ݱ²²»½¬¬±»¨·¬·²¹³¿²¸±´»ïÛßïôëððòððüüïôëððòðð è·²òÍÜÎí뻩»®´·²»ïêíëÔÚüîïòéëüíëôëêïòîë 캬ò¼·¿³»¬»®³¿²¸±´»ëÛßîôíððòððüüïïôëððòðð Ñ°»²½«¬½¸±±´¼®·ª»¿²¼®»°´¿½»¿°¸¿´¬íðÔÚüèðòððüîôìððòðð Ñ°»²½«¬Î§¿²Î±¿¼¿²¼®»°´¿½»¿°¸¿´¬îëÔÚüèðòððüîôðððòðð Ó¿¬»®·¿´¬»¬·²¹ïÔÍèððòððüüèððòðð Í»©»®¬»¬·²¹ïêíëÔÚüïòíðüîôïîëòëð Þ±²¼ïÔÍïôéððòððüüïôéððòðð Í»©»®Ì±¬¿´üëéôëèêòéë Í»©»®´·²»º±±¬¿¹»ïôêíë Í»©»®Ð®±Î¿¬¿½±¬°»®º±±¬üíëòîî ORDINANCE NO. 2008-_______ AN ORDINANCE OF THE CITY COUNCIL OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN AND SEWER MAIN PRO-RATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND KLR DEVELOPMENT LLC. FOR REIMBURSEMENT OF THE COSTS OF BUILDING A WATER MAIN AND SEWER MAIN, THROUGH PRO-RATA CHARGES PAID TO THE CITY; AUTHORIZING THE TRANSFER OF FUNDS PURSUANT TO THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas requires that the development owned by KLR Development LLC (the “Owner”), whose business address is 2117 Spur Court, Denton, Texas 76210, commonly referred to as that real property commonly known as and located within Ryan Road Estates (as more particularly depicted in Exhibit I, attached hereto and incorporated herein by reference) located in the City of Denton, Texas or its extraterritorial jurisdiction; and said Owner is required to provide such real property with adequate water and sewer service by designing, constructing, and installing a water and sewer main; and WHEREAS, the City of Denton, Texas may lawfully reimburse the Owner for the costs of the twelve-inch diameter off-site water main and all necessary appurtenances thereto, extending a total distance of approximately 1,234 linear feet regarding water main installation by the Owner based upon pro-rata charges paid to the City of Denton, Texas by persons connecting to the water main pursuant to the Denton Development Code, Subchapter 35.21.10.1 and .2; and WHEREAS, the City of Denton, Texas may lawfully reimburse the Owner for the costs of the eight inch diameter off-site sewer main and all necessary appurtenances thereto, extending a total distance of approximately 1,635 linear feet regarding sewer main installation by the Owner based upon pro-rata charges paid to the City of Denton, Texas by persons connecting to the sewer main pursuant to the Denton Development Code, Subchapter 35.21.10.1 and .2; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is authorized to execute a Water Main and Sewer Main Pro-Rata Reimbursement Agreement between the City of Denton, Texas and KLR Development LLC. (the “Agreement”) to provide for the pro-rata reimbursement for the design, construction, and installation of approximately 1,234 linear feet of water line, being an 12-inch and 8-inch diameter water main; as well as to provide for the pro-rata reimbursement for the design, construction, and installation of approximately 1,635 linear feet of sewer line, being an 8- inch diameter sewer main, substantially in the form of the attached Agreement, which is incorporated herewith by reference and made a part of this Ordinance for all purposes; subject however, to Owner, KLR Development LLC. entering into a Development Contract with the City of Denton, Texas in accordance with the Denton Development Code, Subchapter 35.16.20.2 and 35.16.20.4. 1 SECTION 2. That the City Manager is hereby authorized to make such expenditures and transfers of funds under such conditions as are set forth in the attached Agreement. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of ______________________, 2008. __________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: _______________________________ 2 EXHIBIT 6 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3November 10, 2008 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Vice Chair of the Public Utilities Board thereafter convened into an Open Meeting 7on Monday, November 10, 2008 at 9:00 a.m. in the Service Center Training Room, City of 8Denton Service Center, 901-A Texas Street, Denton, Texas. 9 Present 10: Vice Chair Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson and Bill 11Grubbs (arrived at 9:16 a.m.) 12 13 Ex Officio Members: 14 George C. Campbell, City Manager 15 Howard Martin, ACM Utilities 16 Absent 17: Chair Charldean Newell and John Baines, both excused 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 22The Public Utilities Board has received background information, staff’s recommendations, and 23has had an opportunity to raise questions regarding these items prior to consideration. 24 258)Consider approval of prorata agreements between the City of Denton and KLR Development 26for offsite water and wastewater lines to serve the Ryan Estates subdivision. 27 Board Member Randy Robinson moved to approve Item 8 with a second from Board 28 Member Phil Gallivan. The motion was approved by a 4-0 vote. 29 30 31 The meeting was adjourned by consensus at 9:45 a.m. 32 AGENDA INFORMATION SHEET AGENDA DATE: December 2, 2008 DEPARTMENT: Utility Administration ACM: Howard Martin, Utilities 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute a Water Main Cost Participation Agreement between the City of Denton, Texas and KLR Development LLC, for the City’s participation in the oversizing of water mains and in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefor; and providing an effective date. (in the not-to-exceed amount of $17,115.48) The Public Utilities Board recommends approval (4-0) BACKGROUND KLR Development is developing the Ryan Estates Subdivision project located on Ryan Road near the Wayne Ryan Elementary School on the south side of the city. The project location is shown on the attached Exhibit 1. The subdivision is rather small and the developer was required to extend an 8 inch water line to serve the development and provide adequate fire protection in accordance with city subdivision requirements The existing waterline along Ryan Road was a 12 inch waterline and the city staff requested that the developer install a 12 inch waterline along Ryan Road for future extension to the west. The Developer has requested an oversize waterline participation agreement (Attachment 1) with the City in accordance with the development code and prior standard City procedures. The Ryan Estates Subdivision, the waterline section subject to City Participation in over sizing from an 8 inch to a 12 inch line size is shown on the attached Exhibit 2. The cost differential for this water line over sizing $17,115.48) was identified by bid information received by staff from the developer’s contractor. A summary of the costs for the 8 inch waterline and the 12 inch waterline are detailed in the attached Exhibit 3. Staff has reviewed these costs and compared them with costs for similar work on other projects in the area and is satisfied with these costs. OPTIONS 1. Participate in the oversize agreement 2. Do not participate in the oversize agreement RECOMMENDATION Staff recommends participation in over sizing the 8 inch water line to a 12 inch line. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board discussed this item at their November 10, 2008 regular meeting. The Board recommends approval (4-0). FISCAL INFORMATION Oversize participation cost difference - $ 17,115.48 Funding sources: FY 2009 CIP – Oversize Waterlines - $200,000.00 (utility bond funds) EXHIBITS 1. Location Map 2. Water Facilities Map 3.Bid Information and Cost Estimates 4. Ordinance 5. PUB Meeting Minutes ATTACHMENTS 1. Oversize Waterline Participation Agreement Submitted by: Jim Coulter Director of Water Utilities Prepared by: Tim Fisher Assistant Director of Water Utilities Ex~eeNr ~ ORDINANCE NO. 2008-_________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND KLR DEVELOPMENT LLC, FOR THE CITY’S PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (IN THE NOT-TO- EXCEED AMOUNT OF $17,115.48) WHEREAS, the City desires to participate in the cost of oversizing water mains to be designed, installed, and constructed by KLR Development LLC. in an amount not to exceed Seventeen Thousand One Hundred and Fifteen Dollars and 48/100 Cents ($17,115.48), in accordance with the applicable provisions of the City of Denton Development Code, §35.21.9.1 and 35.21.9.2; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is authorized to execute a Water Main Cost Participation Agreement Between the City of Denton, Texas and KLR Development LLC. (the “Agreement”) for the over-sizing of approximately 869 linear feet of eight (“8”) inch water main to a twelve inch (“12”) inch water main; substantially in the form of the attached Agreement, which is incorporated by reference herewith and made a part of this ordinance for all purposes; in accordance with the Denton Development Code, §35.16.20.2. SECTION 2. The City Manager is hereby authorized to make the expenditures as set forth in the attached Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ______ day of ____________________, 2008. ________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _______________________________ 1 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: _______________________________ 2 ÷äôóúóè øêûöè ïóîçè÷é ìçúðóù çèóðóèó÷é úíûêø îÍÆ×ÏÚ×Ê ûÖÈ×Ê Ø×È×ÊÏÓÎÓÎÕ ÈÔÛÈ Û ËÇÍÊÇÏ ÍÖ ÈÔ× ìÇÚÐÓÙ çÈÓÐÓÈÓ×É úÍÛÊØ ÍÖ ÈÔ× ùÓÈà ÍÖ ø×ÎÈÍÎ è×ÄÛÉ ÅÛÉ ÌÊ×É×ÎÈ ÈÔ× æÓÙ× ùÔÛÓÊ ÍÖ ÈÔ× ìÇÚÐÓÙ çÈÓÐÓÈÓ×É úÍÛÊØ ÈÔ×Ê×ÛÖÈ×Ê ÙÍÎÆ×Î×Ø ÓÎÈÍ ÛÎ íÌ×Î ï××ÈÓÎÕ ÍÎ ïÍÎØÛà îÍÆ×ÏÚ×Ê ÛÈ ÛÏ ÓÎ ÈÔ× é×ÊÆÓÙ× ù×ÎÈ×Ê èÊÛÓÎÓÎÕ êÍÍÏ ùÓÈà ÍÖ ø×ÎÈÍÎ é×ÊÆÓÙ× ù×ÎÈ×Ê û è×ÄÛÉ éÈÊ××È ø×ÎÈÍÎ è×ÄÛÉ æÓÙ× ùÔÛÓÊ øÓÙÑ éÏÓÈÔ úÓÐÐ ùÔ××Ñ ìÔÓÐ õÛÐÐÓÆÛÎ êÛÎØà êÍÚÓÎÉÍÎ ÛÎØ úÓÐÐ ìÊ×É×ÎÈ õÊÇÚÚÉ ÛÊÊÓÆ×Ø ÛÈ ÛÏ ÷Ä íÖÖÓÙÓÍ ï×ÏÚ×ÊÉ õ×ÍÊÕ× ù ùÛÏÌÚ×ÐÐ ùÓÈà ïÛÎÛÕ×Ê ôÍÅÛÊØ ïÛÊÈÓÎ ûùï çÈÓÐÓÈÓ×É ùÔÛÓÊ ùÔÛÊÐØ×ÛÎ î×Å×ÐÐ ÛÎØ òÍÔÎ úÛÓÎ×É ÚÍÈÔ ×ÄÙÇÉ×Ø ûÚÉ×ÎÈ íì÷î ï÷÷èóîõ ùíîé÷îè ûõ÷îøû èÔ× ìÇÚÐÓÙ çÈÓÐÓÈÓ×É úÍÛÊØ ÔÛÉ Ê×Ù×ÓÆ×Ø ÚÛÙÑÕÊÍÇÎØ ÓÎÖÍÊÏÛÈÓÍÎ ÉÈÛÖÖªÉ Ê×ÙÍÏÏ×ÎØÛÈÓÍÎÉ ÛÎØ ÔÛÉ ÔÛØ ÛÎ ÍÌÌÍÊÈÇÎÓÈà ÈÍ ÊÛÓÉ× ËÇ×ÉÈÓÍÎÉ Ê×ÕÛÊØÓÎÕ ÈÔ×É× ÓÈ×ÏÉ ÌÊÓÍÊ ÈÍ ÙÍÎÉÓØ×ÊÛÈÓÍÎ ùÍÎÉÓØ×Ê ÛÌÌÊÍÆÛÐ ÍÖ Û ÅÛÈ×ÊÐÓÎ× ÍÆ×ÊÉÓÂ× ÌÛÊÈÓÙÓÌÛÈÓÍÎ ÛÕÊ××Ï×ÎÈ Ú×ÈÅ××Î ÈÔ× ùÓÈà ÍÖ ø×ÎÈÍÎ ÛÎØ ñðê ø×Æ×ÐÍÌÏ×ÎÈ ÖÍÊ ÈÔ× êÃÛÎ ÷ÉÈÛÈ×É éÇÚØÓÆÓÉÓÍÎ ÖÍÊ ÛÎ ÛÏÍÇÎÈ ÎÍÈ ÈÍ ×ÄÙ××Ø úÍÛÊØ ï×ÏÚ×Ê êÛÎØà êÍÚÓÎÉÍÎ ÏÍÆ×Ø ÈÍ ÛÌÌÊÍÆ× óÈ×Ï ÅÓÈÔ Û É×ÙÍÎØ ÖÊÍÏ úÍÛÊØ ï×ÏÚ×Ê ìÔÓÐ õÛÐÐÓÆÛÎ èÔ× ÏÍÈÓÍÎ ÅÛÉ ÛÌÌÊÍÆ×Ø ÚÃ Û ÆÍÈ× èÔ× Ï××ÈÓÎÕ ÅÛÉ ÛØÒÍÇÊÎ×Ø Úà ÙÍÎÉ×ÎÉÇÉ ÛÈ ÛÏ CITY OF DENTON CITY COUNCIL MINUTES October 14, 2008 After determining that a quorum was present, the City Council of the City of Denton, Texas nd convened in a 2 Tuesday Session on Tuesday, October 14, 2008 at 4:00 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Heggins, Moreno, Mulroy, Thomson, and Watts. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding the establishment of a Tax Increment Reinvestment Zone for Downtown Denton. Linda Ratliff, Director of Economic Development, stated she had attended a TIF workshop in Austin last Friday and would interject any new information she had learned at the appropriate time. Ratliff stated that during a prior Council discussion regarding TIFs, a request had been made to evaluate the impact if the properties on the west side of Carroll Blvd. and the south side of Eagle Drive were removed from the TIF boundaries. The total estimated revenue of the TIF was $46 million. A recalculation of the TIF revenue, excluding these properties, amounted to approximately a $4.4 million reduction over the 30-year term. Ratliff also calculated how much would go to the general fund and the TIF fund, and also calculated the County’s contribution to the TIF fund. With this calculation, the total estimated TIF revenue was $41.6 million. Council Member Mulroy requested that the minutes of the EDP Board meetings be made available to the Council. Mayor Burroughs asked what the reason was for proposing the change in the boundary of the TIF. Ratliff replied that the original downtown master plan did not include all the area of the TIF. The boundaries were expanded to the north to include drainage improvements, to the east around the downtown transit center, to the west of Carroll Blvd. and south of Eagle were added. The Council had requested detail on the types of projects to be considered for TIF funding. The following were listed: Parking/Transportation, Streetscape Projects, Support for Downtown Projects, Utility Improvements Ratliff stated that staff was in the process of developing an implementation plan for downtown. This plan would address future parking needs, zoning analysis, design standards for downtown and the area around the transit station, open space and solid waste service. Staff recommended that the implementation plan be completed before approval of a specific TIF project. Ratliff stated that the Council had discussed establishing a target ratio of single family to multi- family units within the City. Since the preferred ratio had not been determined yet, it was staff’s recommendation to allow a higher density in downtown. City of Denton City Council Minutes October 14, 2008 Page 2 Ratliff stated that in the feedback from other cities, the Arlington comments indicated that one thing the Council might want to consider was to include the ability to allow Chapter 380 grants. Bryan Langley, Director of Finance, reviewed the City’s five-year forecast and the long term financial impact of the TIF to the General Fund. The impact of the TIF on the General Fund would be a reduction in the ad valorem tax revenues by an average of $119,681 from FY 2010 to FY 2013. Based on the assumption that appraised values would continue to increase, the forecast predicted that ad valorem tax revenues would be reduced by an average of $360,510 from FY 2014 to FY 2018 and $641,532 from FY 2019 to FY 2024. Mulroy stated that in order to achieve the 15% reserve fund balance they were looking at a potential, over the next 5 years, $0.0847 tax increase. Langley recommended that if the Council wanted to increase the tax rate to offset and recapture some of the revenue to spread it out over a number of years. The Mayor questioned whether the next CIP bond package would be reduced if the GO Debt Service Fund was expected to be reduced. Langley replied that it would see a reduction also. Ratliff indicated that a concern was raised regarding use of TIF funds to pay for utility improvements within the TIF, which would normally be paid by the utility ratepayer. Utility infrastructure was a qualified use of funds within a TIF. The Council could choose to remove “utility improvements’ from the eligible projects list or limit the utility improvements to drainage improvement projects, a General Fund operation. Ratliff stated that there were certain criteria that had to be met for an area to be designated as a TIF area. The criteria included – substantial number of deteriorating or substandard structures; inadequate sidewalks or street layout; faulty lot layouts; unsanitary or unsafe conditions; substandard and aging sewer and water lines; tax or special assessment delinquency that exceeded the fair market value of the land; defective or unusual conditions of title; conditions that endangered life or property by fire or other cause; area was predominantly open due to obsolete platting, deteriorated structures or other factors that substantially impaired the growth of the local government; the area was in or adjacent to a federally assisted new community. Ratliff also stated that if the area met the criteria to establish an enterprise zone, then it automatically met the criteria of a TIF. The Council discussed enabling legislation. Council Member Mulroy requested that the City Attorney provide a follow-up memo to Council regarding enabling legislation. Ratliff stated that the purpose of creating the TIF was to redevelop the area. The criteria was the reason for creating the TIF. City Attorney Anita Burgess stated that it really was a question of whether or not this project met the minimum criteria. Ratliff reviewed the powers of the TIF Board. She stated that the Council could authorize the board to exercise any of the City’s powers with respect to administration, management or operation of the zone or the implementation of the project plan for the zone. However, the City City of Denton City Council Minutes October 14, 2008 Page 3 could not authorize the board to issue bonds, impose taxes or fees, exercise the power of eminent domain, or give final approval to the project plan. The Council could limit the powers of the Board in the language of the ordinance that established the board. The Council discussed other aspects of the TIF with members of the Economic Development Partnership Board and the Downtown Task Force. Council Member Mulroy stated he would like to see some data on potential sales tax. Ratliff stated that something else she learned at the workshop in Austin was that the city could amend the finance plan and redirect the TIF funds to the General Fund for safety and security purposes, and had to allow the county to amend their fund also. Ratliff stated that at the workshop she had attended last week, she also learned that the city could use TIF funds outside the allowable district as long as the funds were used for affordable housing or a transit-related use. The Council discussed the direction they wanted to go with the TIF. Ratliff stated that staff would provide the following information to the Council: information regarding eligibility criteria, and information Ratliff had learned at the Austin workshop regarding diverting funds. Ratliff stated that the Council would have to adopt the ordinance forming the district by December 6 in order to use 2008 property valuations for a basis. If they did not adopt the ordinance by December 6, the City would use 2009 property valuations for a basis. Once the ordinance was adopted, it was effective immediately. Ratliff asked the Council if they wanted to bring the item back to another work session or proceed with a public hearing and adoption of the ordinance, and if so what boundaries did they want included in the TIF. Council Member Watts indicated that he would like to see the implementation plan for downtown completed. Consensus of the Council was to bring this item back to another work session. The Council also requested that staff provide a draft ordinance with a sample agreement, criteria for forming the district, identify the criteria under which the downtown TIF for the city would be established, and to include the properties shown in black on the map in the TIF boundary. With no further business, the meeting was adjourned at 6:28 p.m. ____________________________________ ____________________________________ MARK A. BURROUGHS JANE RICHARDSON MAYOR ASST. CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES October 20, 2008 The Denton City Council convened in the Civic Center Community Room on Monday, October 20, 2008, at 11:00 a.m. PRESENT: Mayor Burroughs; Council Members Thomson, and Watts. ABSENT: Mayor Pro Tem Kamp; Council Members Heggins, Moreno, and Mulroy. 1.The Council received a report, held a discussion and gave staff direction regarding information from Barbara McCall, McCall Associates, Inc. on the City of Denton’s 2008 Congressional Priorities, 2009 Congressional Priorities, and Federal appropriations for transportation, airport, library, park, telecommunication, public safety and development issues Barbara McCall and Ralph Garboushian, McCall Associates, Inc., presented a report on the thth activities of the 110 Congress and an outlook for the 111 Congress. th Concerning the 110 Congress, McCall and Garboushian presented these topics: FY2009 appropriations – only defense and homeland security appropriations were completed with a continuing resolution through March 6, 2009 for funding at the 2008 levels. Housing & Economic Recovery Act – programs included in this Act were the Neighborhood Stabilization Program at $3.9 billion, Hope for Homeowners at $300 billion and Homeowner Counseling at $200 billion. Emergency Economic Stabilization Act included the Clean Renewable Energy bonds and Qualified Energy Conservation bonds. This Act extended the sales tax exemption for Texas residents. Public Safety Employer-Employee Cooperation Act – this act was not passed this year but it th was expected to happen in the 111 Congress. The Act involved collective bargaining for police and fire and was mandated by the federal government. Telecommunications and related FCC preemption of local zoning authority. Amtrak & Rail Safety was passed and signed. Council Member Mulroy arrived at the meeting. th Future discussions and proposals for the 111 Congress included: Highway, transit & aviation reauthorization Stimulus/Economic Recovery and associated Ready-to-Go projects Telecommunication with legislative and regulatory challenges. Climate Change/Environmental Issues Funding for local government programs which would try and regain lost CDBG funds and pass a crime bill with more resources for local law enforcement. Council held a general discussion regarding the above topics and the direction of the next Congress. With no further business, the meeting was adjourned at 1:15 p.m. City of Denton City Council Minutes October 20, 2008 Page 2 ____________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES October 21, 2008 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, October 21, 2008 at 4:00 p.m. in the Council Work Session Room. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Moreno, Mulroy, Thomson, and Watts. ABSENT: Council Member Heggins 1.Staff responded to requests for clarification of agenda items listed on the agenda for October 21, 2008. Council Member Moreno asked about the airport participation agreement in Consent Agenda 3M with respect to the reimbursement by the State. Mark Nelson, Director of Transportation, stated that this specific grant capped the City's amount at $71,000. If the project went over that amount, a grant amendment would need to be done. Mayor Burroughs asked about Consent Agenda Item 3O and the estimate of the budget for the renovation project. Jon Fortune, Assistant City Manager, stated that staff had previously briefed Council on the project which had a $2.2 million cost for the total project. Council Member Watts requested periodic reports on the progress of the renovation similar to what was provided when the Police Department was renovated. Fortune replied that staff would provide those reports. Mayor Burroughs asked about Consent Agenda Item 3R and the fact that there were only two bidders for this drainage project and was that the norm. Tom Shaw, Purchasing Agent, stated that this project required odd-sized pre-manufactured box culverts. Due to the odd-size, it was not unusual for this number of bidders plus there were really only two manufacturers of this odd size culvert. City Manager Campbell stated that staff was recommending that Council open the public hearing on 4B and continue it until the November 4th council meeting. No staff presentation would be done unless Council requested one. City Manager Campbell discussed the tabled items. Staff was recommending that the first three items remain on the table until the November 4th meeting. Staff was also recommending taking Item D off the table and retable it indefinitely. That would allow staff to take the item off the agenda. 2. The Council received a report, held a discussion and gave staff direction regarding a delinquent tax attorney contract. Mayor Burroughs left the meeting with a conflict of interest. City of Denton City Council Minutes October 21, 2008 Page 2 Bryan Langley, Director of Finance, presented an overview of the proposal process and staff recommendation. The overview and purpose of the presentation was to review the terms and conditions of the current contract, discuss key aspects of the request for proposal, and review the proposals received and the evaluation criteria. The current contract was awarded to Sawko and Burroughs on July 1, 2005 with the original terms of the contract expiring on June 30, 2008. Two additional one-year term extensions were allowed by the contract. All fess for the delinquent tax collection services were paid directly by the delinquent taxpayers. The eligibility for the contract with Sawko and Burroughs was reviewed by the City Attorney and outside counsel. Both opinions concluded that no legal conflict of interest existed. The original contract was extended on a month-to-month basis while the Request for Proposal process was conducted. RFP Key Aspects – the notice of RFP was first advertised on August 19, 2008 and proposals were due on September 12, 2008. The proposal requested collection performance history of clients similar to the City of Denton, references from Texas clients, evidence supporting the qualifications of the law firm and detail of delinquent tax collection services provided. Four firms responded with proposals. They were McCreary, Veselka, Bragg and Allen in association with Hayes, Berry, White and Vanzant; Perdue, Brandon, Fielder, Collins and Mott; Sawko and Burroughs; and Linebarger, Goggan, Blair and Sampson. Evaluation Criteria – the criteria for evaluation included historical performance levels and demonstrated capability to perform delinquent tax collections in the City of Denton, Denton County or a similar jurisdiction, 50%; qualifications and credentials, 30%; delinquent procedures for accounts, technological capabilities, available legal services, oral presentation of proposal and overall response to the request, 20%. Evaluation Panel – the evaluation panel consisted of Jon Fortune, Fred Greene and Bryan Langley. Each written proposal was reviewed in detail and oral interviews were conducted with each firm. The evaluation provided an independent review of all the proposals with intent to receive the most efficient tax collection service. The results were reviewed with the City Manager. The staff’s recommendation was to award the contract to Sawko and Burroughs. The McCreary firm was the second highest ranking of the four firms. There were minimal differences between the two firms both in performance and service offerings. If the Council did not award the contract to Sawko and Burroughs, staff was recommending awarding the contract to the McCreary firm to maintain a firm familiar with the other entities collecting taxes in the area. The contract was scheduled to be awarded on November 4th with an effective date of December 1st. Council Member Thomson asked where the firms went to receive the information on the delinquent accounts. Langley stated that the firms would go to Denton County for the accounts as it collected all of the City's taxes. City of Denton City Council Minutes October 21, 2008 Page 3 Council Member Thomson stated that the taxes collected went to the County and the County reimbursed the City. Langley replied correct. Council Member Watts stated that the award of this contract was a struggle for him to think through for a personal decision. He struggled with the perception of awarding the contract to a firm with the Mayor as a partner. He asked that the contract award not be on the Consent Agenda to allow for a separate vote. Langley stated that the recommendation from the panel was a unanimous decision. Council Member Mulroy asked if there might be other resources that would want to participate in the process. Langley felt that there would be no other firms that would provide proposals. Council Member Mulroy stated that the current firm had provided competent and more than satisfactory performance. However, there were different circumstances with this contract than with the prior contract. He felt it was difficult to be affirmative with the first recommendation of the panel due to public perception of the contract. Council Member Thomson stated that this issue was one of the main issues in the mayoral campaign. The public had voted for the present mayor knowing that this was one of the issues. The issue had been cleared by both the City Attorney and by outside counsel. He had no problem voting for the proposal. Council Member Moreno asked if it were preferable or recommended to change firms from time to time. Langley stated that the performance of the current firm was the best of the four firms evaluated. Council Member Moreno stated that he had also wrestled with the issue. He questioned the City Attorney about a legal basis for a conflict of interest or a perceived conflict of interest. City Attorney Burgess stated that there were three areas to use to analyze this issue, the City Charter, state law and ethics. The Charter and ethics both direct the issue back to state law. An analysis had been done on the issue with both inside and outside counsel and concluded that there was no legal conflict of interest. She concurred with the opinion that there was no legal conflict. There had been no influence by the Mayor on the staff in regards to a decision. Mayor Pro Tem Kamp stated that she understood the struggle and the perception in awarding this contract. The issue had been vetted in public and was overwhelming decided by voters. There was no legal reason to not award the contract to Sawko and Burroughs. The panel did great job and she had full confidence in the decision of the panel and the City Manager. Council Member Watts stated that if the panel recommended Sawko and Burroughs, the item should be placed on the next agenda under “Individual Items” and put to a vote. He noted that City of Denton City Council Minutes October 21, 2008 Page 4 there were other items associated with the May election and that this item was a minimal part of that election. Council Member Mulroy suggested that a future project would be to look at the current policy and develop alternate solutions so that if a similar situation would arise, there would be a mechanism to provide relief for senior management to make such a decision. Similar circumstances may occur where the Mayor or council members might be businessmen in the city and a conflict of interest perception would arise. City Manager Campbell recommended that Council select one of the two top firms. The Mayor returned to the meeting. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 4:45 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A. Deliberations regarding real property – Under Texas Government Code Section 551.072. 1. Discussed, deliberated, and received information from Staff, and provided Staff with direction regarding possible acquisition of fee title to a 0.257 acre tract of land situated in the Gideon Walker Survey, Abstract Number 1330, City of Denton, Denton County, Texas, said tract to be acquired for municipal purposes, including streets, public utilities, and related appurtenances. 2. Discussed, deliberated, and received information from Staff, and provided Staff with direction, pertaining to the location of, the purchase price of, and valuation issues concerning the possible acquisition of real property, being five easements from the owner South Stemmons Property Group, Inc., which easement tracts are approximately 0.526, 0253, 0.089, .128 and 0.128 acres each in the Robert Beaumont Survey, Abstract No. 31, City of Denton, Denton County, by the City of Denton, Texas/City of Denton Municipal Utilities Department for a public purpose. B. Deliberations regarding real property – Under Texas Government Code Section 551.072 and Consultation with Attorneys – Under Texas Government Code Section 551.071. 1. Discussed, deliberated, and received information from Staff and provided Staff with direction pertaining to the acquisition or the condemnation of several permanent utility easements and temporary construction easements along the U.S. Highway 380 corridor from Elm to Bonnie Brae Street, on West University Drive, in the City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated City of Denton City Council Minutes October 21, 2008 Page 5 with the acquisition or condemnation of the easement tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Public Utilities Board under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. C. Deliberations regarding certain public power utilities: Competitive Matters – Under Texas Government Code Section551.086. 1. Received a draft report and discussed the DME Management Study of Utility performed by Navigant Consulting; and discussed, deliberated, considered, and provided staff with direction regarding such matters. D. Consultation with Attorneys – Under Texas Government Code Section 551.071. 1. Received legal advice and information from the City’s attorneys pertaining to the lawsuits that are currently pending involving the Texas Municipal Power Agency (“TMPA”) and its member cities, in Cause No. th 28169 pending in the 506 Judicial District Court in and for Grimes th County, Texas; Cause No. D-1-GN-08-003426, pending in the 126 Judicial District Court in and for Travis County, Texas; and Cause No. D- st 1-GN-08-003693, pending in the 261 Judicial District Court in and for Travis County, Texas; discussed, deliberated, and provided the City’s attorneys with direction and any recommendations regarding such legal matters. A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2. Received, considered and held a discussion related to a briefing from City’s Attorneys, relating to claims, potential claims, and settlement thereof for matters pertaining to JNC Partners Denton, LLC v. City of Denton, including legal advice related to future annexation, zoning, subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, water rights, permitting and other legal issues related to the future development of land, as proposed by JNC Partners Denton, LLC. Regular Meeting of the City of Denton City Council on Tuesday, October 21, 2008 at 6:35 p.m. in the Council Chambers at City Hall. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Present the October Yard of the Month Awards City of Denton City Council Minutes October 21, 2008 Page 6 Mayor Burroughs acknowledged the October Yard of the Month awards. 3. CONSENT AGENDA Mayor Burroughs reviewed the items to be considered on the Consent Agenda. A Speaker Card was received from Bob Clifton regarding Item 3AA. He questioned the expenditure of funds. A Speaker Card was received from Ken Reaves regarding Item 3B. He owned property at 1005 University Drive and did not know about this item on the agenda. He was concerned how it would affect his property. A Comment Card was received from Robert Donnelly regarding Item 3AA. He questioned expenditure of the funds and the amount of those funds. Kamp motioned, Thomson seconded to approve the Consent Agenda as presented with the accompanying ordinances and resolutions. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. A. 2008-236 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Central Business District Association of Denton, Texas, d/b/a Denton Main Street Association for the payment and use of hotel tax revenue; and providing an effective date. ($25,000) The Hotel Occupancy Tax Committee recommended approval (2-0). B. 2008-237 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Air Fair, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($11,000) The Hotel Occupancy Tax Committee recommended approval (2-0). C. 2008-238 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce for the payment and use of hotel tax revenue; and providing an effective date. ($18,000) The Hotel Occupancy Tax Committee recommended approval (2-0). D. 2008-239 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of hotel tax revenue; and providing an effective date. ($706,510) The Hotel Occupancy Tax Committee recommended approval (2-0). E. 2008-240 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($25,000) The Hotel Occupancy Tax Committee recommended approval (2-0). City of Denton City Council Minutes October 21, 2008 Page 7 F. 2008-241 - An ordinance authorizing the City Manager to execute an interlocal agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Courthouse-on-the-Square, the Bayless- Selby House, African American, Old No. 14 Fire House, Elm Ridge Church, Welcome Center and Outhouse Museums; and providing an effective date. ($106,550) The Hotel Occupancy Tax Committee recommended approval (2-0). G. 2008-242 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue; and providing an effective date. ($90,000) The Hotel Occupancy Tax Committee recommended approval (2-0). H. 2008-243 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of hotel tax revenue; and provide an effective date. ($8,300) The Hotel Occupancy Tax Committee recommended approval (2-0). I. 2008-244 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue to promote tourism and the convention and hotel industry; and providing an effective date. ($128,000) The Hotel Occupancy Tax Committee recommended approval (2-0). J. 2008-245 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and Denton Dog Days, Inc. for the payment and use of hotel tax revenue, and providing an effective date. ($15,850) The Hotel Occupancy Tax Committee recommended approval (2-0). K. 2008-246 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue; and providing an effective date. ($80,000) The Hotel Occupancy Tax Committee recommended approval (2-0). L. 2008-247 - An ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($55,000) The Hotel Occupancy Tax Committee recommended approval (2-0). M. 2008-248 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation relating to certain improvements at the Denton Municipal Airport related to the proposed runway extension project; authorizing and directing the City Manager or his designee to expend funds as provided for in said agreement and to execute documents on behalf of the City of Denton in order to implement the project; and providing an effective date. The Airport Advisory Board recommended approval (6-0). City of Denton City Council Minutes October 21, 2008 Page 8 N. 2008-249 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of octagonal manholes for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4166–Annual Contract for the Purchase of Precast Concrete Octagonal Manholes awarded to the lowest responsible bidder meeting specification, Wesco Distribution, in the annual estimated amount of $109,096). The Public Utilities Board recommended approval (5-0). O. 2008-250 - An ordinance of the City Council authorizing the City Manager or his designee to execute an agreement for design/build services for the renovation of an existing building and construction of a new 6,000 square foot building for the City of Denton Facilities Management Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 4061–Design/Build New Facilities Management Building, in an amount not to exceed $1,462,371 awarded to Tim Beaty Builders, Inc.). P. 2008-251 - An ordinance authorizing the City Manager to execute a Professional Services Agreement with Solutient Geosciences, Inc. for performing professional hydrogeological consulting and analytical services regarding the City of Denton, Texas Municipal Landfill (MSW Permit No. 1590-A); authorizing the expenditure of funds therefor; providing for retroactive ratification and approval thereof; and providing an effective date (File 4182 in an amount not to exceed $110,000). The Public Utilities Board recommended approval (5-0). Q. 2008-252 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the 138kV transmission lines for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4152–138kV Transmission Line Construction 2009 for Denton Municipal Electric awarded to the lowest responsible bidder meeting specification, Chain Electric Company, in the amount of $3,629,189.25). The Public Utilities Board recommended approval (5-0). R. 2008-253 - An ordinance accepting competitive bids and awarding a contract for the purchase of precast concrete box culverts for the Duncan Street drainage project; providing for the expenditure of funds therefor; and providing an effective date (Bid 4159–Duncan Street Precast Concrete Box Culverts awarded to the lowest responsible bidder meeting specification, Rinker Materials, Ltd., in an amount not to exceed $100,208.88). The Public Utilities Board recommended approval (5-0). S. 2008-254 - An ordinance approving an assignment of leasehold interest in a commercial operator airport lease agreement at Denton Municipal Airport from Charles N. Davis, III, to Nebrig Properties, L.P. located at 4650 John Carrell Road at the Denton Municipal Airport and providing lessee to conduct flight training and fueling operations on the leasehold; and providing an effective date. The Airport Advisory Board recommended approval (6-0). City of Denton City Council Minutes October 21, 2008 Page 9 T. 2008-255 - An ordinance of the City of Denton, Texas approving and authorizing the Denton Air Fair, Inc. to hold an air show at the Denton Municipal Airport on June 20, 2009 and at fund-raising events conducted in conjunction with and prior to the air show on such dates as are recommended by the Airport Advisory Board and approved by the City Manager or his designee, authorizing the concession to Metzler’s Food and Beverage, Inc to sell alcoholic beverages at designated locations during the 2009 Air Fair events, upon certain conditions; and providing an effective date. The Airport Advisory Board recommended approval (6-0). U. 2008-256 - An ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a real estate contract between the City of Denton, Texas and Keira Franklin, as the sole heir-at-law of Randy C. Snider, deceased, together with any other documents and conveyances that are necessary to acquire an approximate 0.257 acre tract of land situated in the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas; and being that same parcel of land conveyed to Randy C. Snider, by deed recorded under County Clerk’s File Number 96-R0016095, Real Property Records, Denton County, Texas; authorizing the expenditure of funds therefor; providing an effective date. The Public Utilities Board recommended approval (5-0). V. 2008-257 - An ordinance finding that a necessity exists to acquire easements and temporary construction easements and authorizing the acquisition through agreement or eminent domain of approximate twenty-five foot wide utility easements and approximate twenty-five foot wide temporary construction easements on various hereinafter described parcels of real property for the relocation and installation of municipal utilities relating to the “U.S. Highway 380 Utility Relocation, Bonnie Brae to Elm Street Project”; providing a severability clause; providing an effective date. The Public Utilities Board recommended approval (5-0). W. 2008-258 - An ordinance authorizing the City Manager or his designee to execute a Easement Purchase Agreement between the City of Denton and South Stemmons Property Group, Ltd., together with any other documents necessary to acquire easements of approximate 0.526, 0.253, 0.089, 0.128, and 0.128 acre tracts of land located in the Robert Beaumont Survey, Abstract Number 31, City of Denton, Denton County, Texas, said tracts being part of a parcel of land conveyed by Margaret Porter to South Stemmons Property Group Ltd., by deed recorded under County Clerk’s File Number 2002-R0145810, Real Property Records, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (5-0). X. 2008-259 - An ordinance of the City of Denton, Texas approving Bid No. 4115 for the sale of approximately .6887 acres of land situated in the R. Beaumont Survey, Abstract Number 31, Tract 115, which real property was conveyed to the City of Denton on December 19, 1944 by deed recorded in Volume 311, Page 115, Deed Records, Denton County, Texas; providing the City Manager with authority to execute a deed to Eagle Farms, Inc., the successful bidder, together City of Denton City Council Minutes October 21, 2008 Page 10 with any other documents necessary to sell and convey said real property; and providing an effective date. The Public Utilities Board recommended approval (5-0). Y. 2008-260 - An ordinance of the City of Denton, Texas amending the One and Two Family Building Permit Fee of the Schedule of Permit Fees issued by the Building Inspector; superseding prior One and Two Family Building Permit Fee Schedules to the extent of conflict, and providing for an effective date. Z. R2008-036 - A resolution of the City of Denton, Texas (“City”) denying the rate increase proposed by Oncor Electric Delivery Company, LLC (“Oncor”); finding that the meeting complied with the Open Meetings Act; and declaring an effective date. AA. 2008-261 - An ordinance of the City of Denton, Texas approving a compromise settlement agreement between plaintiffs JNC Partners Denton, LLC, White Cake Denton, L.P., John Lau, and Campbell Road Holding Company and the City of Denton; authorizing the City Manager and the City’s attorneys to act on the City’s behalf in executing any and all documents, and to take other actions necessary to finalize the settlement; authorizing the expenditure of funds therefor; and declaring an effective date. 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding the initial zoning of approximately 484.84 acres of land to the Hills of Denton North Master Planned Community (Hills of Denton North MPC) zoning district and the rezoning of approximately 17.14 acres of land from Neighborhood Residential 2 (NR-2) zoning district to the Hills of Denton North MPC zoning district. The subject site is located on the west side of Locust Street and south of Milam Road and is legally described as a tract of land situated in the J.A. Burns Survey, Abstract No. 130, the B.B.B. & C.C.C.R. Survey, Abstract No. 134, the E. Pritchett Survey, Abstract No. 1025, the W. Pea Survey, Abstract No. 1054, the F. McKettrick Survey, Abstract No. 846, the J. Stewart Survey, Abstract No. 1150, the J. Ayres Survey, Abstract No. 0002, the A. Fry Survey, Abstract No. 1639, the L.W. White Survey, Abstract No. 1408, and the S. Blish Survey, Abstract No. 40, Denton County, Texas, further being all of those certain called 165.46, 79.9951, 90.0542, 38.3235, 123.192, and 5.0318 acre tracts described to 2006 Milam East Partners, L.P. by Special Warranty Deeds recorded as Instrument No's. 2007- 61548, 2006-134981, 2006-134987, 2006-134991, 2006-134976, and 2006-134972, respectively, in the Official Records of Denton County; providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. The Planning and Zoning Commission recommended approval of the initial zoning and zoning change request (6-0). Mark Cunningham, Director of Planning and Development, stated that this was initial zoning for 484 acres and the rezoning of approximately 17 acres to Hills of Denton North Master Planned Community zoning district. He presented the site location map of the MPC, the future land uses and the existing conditions map. There were approximately 10 structures currently located on the site. The proposal was subject to the requirements of the Denton Development Code and would consist of two zoning districts – single-family and commercial. The site would be City of Denton City Council Minutes October 21, 2008 Page 11 developed in two phases. In total the proposal would consist of approximately 421 acres of single-family development and approximately 81 acres of commercial development. The proposed average detached single-family density was 4 units per acre with the development threshold for detached single-family units at 1,684 units. He reviewed the landscape and tree canopy requirements and the deviations from the Denton Development Code. Those deviations included standards for surface parking lots; permeable paving; parking structures; facade design; minimum square footage of detached single family; and front and street sides of commercial office or mixed use buildings. The proposal met the standards associated with approval of a master planned community. The Development Review Committee recommended approval as did the Planning and Zoning Commission. Council Member Watts questioned why no permeable paving was required for commercial parking. Cunningham replied that permeable paving was required for surface parking exceeded the number of parking spaces. Mayor Burroughs asked if the evaluation for office and retail was with a shell or as finished out. Cunningham stated that it was an annual development value. The Mayor opened public hearing. Larry Reichhart, speaking for the applicant, mentioned several points of clarification. He felt that the standards presented painted a picture of a quality development such as the landscape requirements and tree canopy. Four units per acre was a maximum number of units that were allowed for two-acre lots or larger. Mayor Burroughs asked about accommodating the impact of the development on the DISD. Reichhart stated that they had met with the DISD on a number of occasions and had identified a potential location for a school. The Mayor closed the public hearing. The following ordinance was considered: NO. 2008-262 AN ORDINANCE REGARDING THE INITIAL ZONING OF APPROXIMATELY 484.84 ACRES OF LAND TO THE HILLS OF DENTON NORTH MASTER PLANNED COMMUNITY (HILLS OF DENTON NORTH MPC) ZONING DISTRICT AND THE REZONING OF APPROXIMATELY 17.14 ACRES OF LAND FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT TO THE HILLS OF DENTON NORTH MPC ZONING DISTRICT. THE SUBJECT SITE IS LOCATED ON THE WEST SIDE OF LOCUST STREET AND SOUTH OF MILAM ROAD AND IS LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE J. A. BURNS SURVEY, ABSTRACT NO. 130, THE B.B.B. & C.C.C.R. SURVEY, ABSTRACT NO. 134, THE E. PRITCHETT SURVEY, ABSTRACT NO. 1025, THE City of Denton City Council Minutes October 21, 2008 Page 12 W. PEA SURVEY, ABSTRACT NO. 1054, THE F. MCKETTRICK SURVEY, ABSTRACT NO. 846, THE J. STEWART SURVEY, ABSTRACT NO. 1150, THE J. AYRES SURVEY, ABSTRACT NO. 0002, THE A. FRY SURVEY, ABSTRACT NO. 1639, THE L. W. WHITE SURVEY, ABSTRACT NO. 1408, AND THE S. BLISH SURVEY, ABSTRACT NO. 40, DENTON COUNTY, TEXAS, FURTHER BEING ALL OF THOSE CERTAIN CALLED 165.46, 79.9951, 90.0542, 38.3235, 123.192, AND 5.0318 ACRE TRACTS DESCRIBED TO 2006 MILAM EAST PARTNERS, L.P. BY SPECIAL WARRANTY DEEDS RECORDED AS INSTRUMENT NO'S. 2007- 61548, 2006-134981, 2006-134987, 2006-134991, 2006-134976, AND 2006-134972, RESPECTIVELY, IN THE OFFICIAL RECORDS OF DENTON COUNTY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS, THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance as presented. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. B. The Council continued a public hearing for a zoning change from a Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development 138 (PD-138) zoning districts to the Inspiration Master Planned Community (MPC) zoning district classification and use designation; the area for zoning change encompasses 3,331 acres of land located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard and is legally described as certain tracts of land in the E. Pizono Survey, Abstract Number 1269, G. Pettingale Survey, Abstract Number 1041, J. Taft Survey, Abstract Number 1269, G. West Survey, Abstract Number 1393, B.B.B. & C. Railroad Company Survey, Abstract Number 158, S. Pritchett Survey, Abstract Number 1021 and the McCutchin Lands known as Pilot Knob Ranch in the City of Denton, Denton County, Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (MPC07-0001, Inspiration). The Planning and Zoning Commission recommended approval (7-0). Mayor Burroughs indicated that this was a continuation of the public hearing from the last meeting. He stated that the request was to do the same procedure to continue to gather needed information on the proposal. The public hearing would be opened and continued to the th November 4 meeting. The Mayor opened public hearing. th Thomson motioned, Kamp seconded to continue the public hearing to the November 4 meeting. There were no speakers at this meeting. th On roll vote to continue the public hearing to the November 4 meeting, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Tabled 1.– Consider adoption of an ordinance of the City of Denton, Texas, for a zoning change from a Agriculture (A), Industrial Center General (IC- G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 City of Denton City Council Minutes October 21, 2008 Page 13 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development 138 (PD-138) zoning districts to the Inspiration Master Planned Community (MPC) zoning district classification and use designation; the area for zoning change encompasses 3,331 acres of land located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard and is legally described as certain tracts of land in the E. Pizono Survey, Abstract Number 1269, G. Pettingale Survey, Abstract Number 1041, J. Taft Survey, Abstract Number 1269, G. West Survey, Abstract Number 1393, B.B.B. & C. Railroad Company Survey, Abstract Number 158, S. Pritchett Survey, Abstract Number 1021 and the McCutchin Lands known as Pilot Knob Ranch in the City of Denton, Denton County, Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (MPC07-0001, Inspiration). The Planning and Zoning Commission recommends approval (Tabled from September 16, 2008) (7-0). 5.ITEMS FOR INDIVIDUAL CONSIDERATION Tabled A.– Consider adoption of an ordinance regarding a development agreement related to the deferment of perimeter road improvements. The approximately 2.6-acre property is located at the southwest corner of West Collins Street and Locust Street. The subject site is Date tabled 8/19/08 located within a Downtown Commercial General (DC-G) zoning district. () This item remained on the table. Tabled B. – Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on school days from 7:30 a.m. to 3:30 p.m. on the south side of Emerson Lane from its intersection with Woodhaven Lane to its intersection with Brookfield Lane; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. The Traffic Safety (Date tabled 8/19/08) Commission recommends approval (9-0). This item remained on the table. Tabled C.– Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on school days from 7:30 a.m. to 3:30 p.m. on the north side of Parvin Street from its intersection with Mercedes Road to its intersection with McCormick Street; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. The Traffic Safety Commission (Date tabled 8/19/08) recommends approval (4-3). This item remained on the table. Tabled D. – The Council considered adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential 6 (NR-6) zoning district classification and use designation; the area for zoning change encompasses 0.375 acres of land located at the northwest corner of Ruth Street and Cross Timber Street, and is legally described City of Denton City Council Minutes October 21, 2008 Page 14 as Block 11, Lot 6 of the Alex Robertson Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000 for violations thereof, severability and an effective date (Z08-0005). The Planning and Zoning Commission recommends denial (7-0). AC. SUPERMAJORITY VOTE BY OUNCIL IS REQUIRED FOR APPROVAL (Date tabled 10/07/08) Kamp motioned, Mulroy seconded to remove the item from the table and postpone indefinitely. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. E. The Council considered the appointment of a voting and alternate voting delegate to the National League of Cities Annual Business Meeting. Mulroy motioned, Thomson seconded to appoint Mayor Burroughs voting delegate and Council Member Watts alternate delegate. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. F. Citizen Reports 1.Council reviewed the procedures for addressing the City Council. 2.Council received citizen reports from the following: A.Bob Clifton regarding DME credit card purchases. Mr. Clifton presented information on DME credit card purchases and felt that there was credit card fraud in conjunction with some of the purchases. G. 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. Mayor Burroughs requested clarification and direction on citizens changing topics and enforcing limitations on citizen reports. Mayor Pro Tem Kamp inquired on the status of radar for the Municipal Airport. H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. City of Denton City Council Minutes October 21, 2008 Page 15 With no further business, the meeting was adjourned at 8:06 p.m. _____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES November 3, 2008 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Joint Work Session of the City of Denton City Council and the Planning and Zoning Commission on Monday, November 3, 2008 at 11:00 a.m. in the Council Work Session Room. COUNCIL PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Heggins, Moreno, Mulroy, and Watts. ABSENT: Council Member Thomson PLANNING AND ZONING PRESENT: Commissioners Watkins, Eagleton and Thomas. PLANNING AND ZONING ABSENT: Commissioners Anderson, Lyke, King and Schaake 1.The Council received a report and held a discussion regarding Development Review Committee (DRC) Process Improvements and Reorganization and a variety of topics related to development regulations, procedures, and other matters within their mutual responsibilities including but not limited to work programs, code amendment process, and plan updates. Mark Cunningham, Director of Planning and Development, stated that he would be reviewing a status report of the March 25, 2008 meeting, the reorganization and process improvements in the Planning Department, the formation of a Developer’s Committee, proposals, project updates and direction on proposals. Status Report of the March 25, 2008 meeting A comprehensive review of initial applications and the sending of all review comments to the developer/property owner/applicant had been completed. Including the applicant/developer/owner at the DRC to discuss review comments had been completed. The implementation of a mandatory developer’s orientation/pre-submittal conference to provide information required for a project submission was completed. Not allowing certain tree plantings in the water/wastewater line easements or electric utility lines was in process. Using ADPs site plan design was in process. Allowing staff administrative waiver authority that was project specific with an accompanying plat was in process but was not advisable from Legal. Providing both staff and Planning and Zoning recommendations to the Council was completed. Applying time limits to variances that ran with a preliminary plat was in process. Creating an Ombudsman position with the Planning and Development Division was completed. Reorganization and Process Improvements Commissioner Schaake arrived at the meeting. Chair Watkins announced that the Commission now had a quorum. City of Denton City Council Minutes November 3, 2008 Page 2 Cunningham indicated that Brian Lockley had been appointed the Development Review Committee Administrator/Ombudsman and P. S. Arora had been appointed the Development Review Engineering Administrator. He reviewed the DRC administrator duties and responsibilities plus the duties and responsibilities of the Development Review Engineering section. Process Improvement Cunningham reviewed the following improvements: Reduction of the project intake processing time. Creation of a Customer Service area. Applicant/Owner attendance at the DRC meetings. Relocation of the DRC meetings. Creation of an Ombudsman position Development of a review Engineering Administrator Development of a Developer’s Committee Council Member Moreno asked if an applicant was given a time line for the completion of a project. Cunningham replied that they were given a flow chart during the preliminary review process. Council Member Heggins asked how the ombudsman position was chosen. Cunningham stated that the position needed someone who knew both sides of the planning department and development community. Mayor Burroughs asked how this was different than before. Cunningham stated that the position was not just limited to development review. The ombudsman would help a developer through the process. Mayor Burroughs asked about the authority of the position. Cunningham stated that the ombudsman would make the resolution happen in a timely manner. Commissioner Schaake felt that applicants were not always given vital information all at one time. There needed to be a thorough review in the beginning of the process. Cunningham stated that the process would be happening with this position and the new process of the mandatory pre-orientation process. Commissioner Schaake felt it was important to have the whole overview at the beginning and not do it piece meal. City of Denton City Council Minutes November 3, 2008 Page 3 Mayor Burroughs stated that if a process was not moving as it should, Brian could identify those points and look at the process. Commissioner King arrived at the meeting. Commissioner Schaake asked why an engineering consultant was used instead of doing in-house evaluations. City Manager Campbell stated that Freese & Nichols was considered an extension of staff. It was difficult to hire qualified engineers and the firm was used to try to keep continuity in engineering. Eventually the function would migrate to in-house. Another factor was volume and dealing with peaks and valleys in the review process. Council Member Watts stated that some feedback he had received from the development community was that using an outside firm allowed breaks in review time. He agreed that it was worth a good look at how to bring the function back to an in-house function due to cost effectiveness and timeliness. He asked with a minor plat error if the new position would be able to address those types of situations and not pass through the normal 10 day review. City Manager Campbell stated that the ombudsman position was not intended to be a position to override the decision authority of the engineers. There needed to be adequate communication between the various departments of the city. It was felt that Brian could improve that communication. Developer’s Committee Cunningham stated that the committee would consist of volunteers from the development community and key DRC staff. The committee met twice each month with the meetings facilitated by Assistant City Manager Fred Greene. The goal of the committee was to work together in enhancing the development review process by discussing suggested changes the City and development community could evaluate and implement. Staff was receiving good feedback from developers on the new process. Action plans were being developed on how to resolve any concerns. Mayor Burroughs asked if the members of the committee were set. Cunningham stated that in order to have continuity on the committee, they were keeping the same members but did allow for others to attend. Assistant City Manager Greene stated that volunteers were asked for and the committee was set up. Membership was not closed and new attendees were welcome. He had positive feelings about where this group was going.The committee presented concerns and then ranked them for priority. They were also developing a plan to satisfy concerns both current and ones that might come up in the future. City of Denton City Council Minutes November 3, 2008 Page 4 Proposals Minor development plan approval – a minor development plat that did not require any infrastructure improvements, variances, waivers, SUP, ADP, LOMAR, CLOMAR, rezoning, etc. would require only staff review and DRC approval with no Planning & Zoning or Council review or approval required. Council Member Watts questioned the number of plats that would fall in this category. Cunningham stated that staff anticipated that as the city continued to grow, there would be more straight forward applications. This proposed process would greatly improve the time frame for these types of plats. Mayor Burroughs asked if there were any risks involved. Cunningham replied no more than with a regular subdivision. Council Member Moreno questioned whether there could be some type of infrastructure improvements. Cunningham replied that the key would be that no infrastructure would be needed; everything would already be in place as the applicant would be merely subdividing a piece of property. Mayor Burroughs felt that it would be important to make sure the definitions were clear when preparing the changes. Council consensus was to proceed with the development of the regulations and ordinance. Request Direction Brian Lockley, Development Review Committee Administrator/Ombudsman stated that staff was requesting direction on infill development/redevelopment. Current regulations were that a lot with no prior development would be eligible to be developed under current infill conditions while a lot with prior development but now vacant could not. The lot with no prior development could be developed with infill requirements because it had never been developed. A lot that had been developed but now was vacant, could not use the infill requirements. Staff felt that both types of lots should be treated the same as both were now vacant. How the lot arrived at being vacant did not matter. Council Member Mulroy stated that the original proposed ordinance was for infill redevelopment. Because of comments from the public the plan was to separate infill development and redevelopment and do an ordinance for new infill development, then a separate ordinance for redevelopment. He suggested staff look at past comments on the original ordinance. Lockley stated that situations existed where an existing lot platted into three lots would allow all three lots to be eligible for infill development. But a second lot subdivided into 3 lots, could not use infill development. City of Denton City Council Minutes November 3, 2008 Page 5 Mayor Burroughs asked about taking down a current buildings and wanting incentives for infill. Lockley stated that the area looked at had to be a lot in existence for several years so as to not just plat to take advantage of the infill regulations. He stated that staff would look at the discussion on how the current ordinance was created and at the interpretation or a different ordinance for these situations. Commissioner Thomas stated that there were situations that were unique as far as infill and redevelopment. They looked at cities that fell within Denton’s peer group such as same age, certain tax basis, having separate redevelopment codes and a distinction between infill and redevelopment. Commissioner Lyke arrived at the meeting. Project Updates Historic Preservation/HLC – The Planning Department had assumed the duties of historic preservation. Planning had staff members with extensive historic preservation knowledge. Downtown Implementation Plan - staff was working on a request for proposals to review the parking master plan and expand it to include an update on the creation of an arts district or corridor to connect the rail station with downtown. The proposal would also include architectural design guidelines for the entire downtown area and standards for redeveloping structures in the downtown area. Stakeholders and downtown merchants would be included in the discussions. The proposal would be coupled with current plans for the other rail station to keep a unified theme throughout the corridor. Council Member Watts questioned when the document might be completed. Lockley stated that they had feedback from 5 consultants who want to be involved. He would anticipate the process would be done in about 6 months or sooner. Council Member Watts asked about the boundaries for the downtown architecture. Lockley stated that the boundaries were similar to the proposed TIF boundaries but not identical. Commissioner Thomas stated that much of that area was already developed so it was important to move ahead with the redevelopment standards. Lockley stated that one of the other components was to identify opportunities for green space. Perform a survey of existing land uses and what the Development Code stated the uses should be. An overlay district or change in zoning for the areas might be required. Council Member Mulroy asked about the project concept. Lockley stated that there would be a downtown core with a certain set of standards. A block beyond the core would have a variety of uses with different standards and then the fringes would identify the types of uses more conducive to creating a thriving downtown area. City of Denton City Council Minutes November 3, 2008 Page 6 Council Member Mulroy asked about a time frame. Lockley stated that staff had asked for each specific phase to be broken out for a level of detail. Parking was the first deadline to be completed. Each area was also linked with the others. Parking was first, and then land uses and zoning analysis, an arts corridor and then design standards. Commissioner Thomas stated that the southeast quadrant had serious problems with redevelopment due to the flood plain. He asked if there were anything in the plans to try and get property removed from the FEMA standards. Jim Coulter, Director of Water/Wastewater, indicated that there was an ongoing project extending the PEC 4 drainage project to help protect that area. Tree Preservation and Mitigation Code – the consultants had compiled the information and submitted a master plan framework for draft language for the code. Staff was working on the development of the code. A draft was to be presented to the Planning and Zoning Commission this week. Following that it would be presented for feedback from the pubic and then to the Planning and Zoning Commission for a public hearing. After that it would go to Council. The plan was to get the draft to Council in January. Commissioner Schaake suggested data to go with current projects under the old code and then under the new code. Lockley stated that staff was working on examples to present. Council Member Watts asked if the community would be invited for input on the downtown plan. Lockley replied correct. He clarified that the ombudsman position would facilitate communication and direction from developers. Developers wanted to comply with the city’s requirements; they just needed to know what they were. The city was not here to a design project but could provide direction on an issue. They needed to be clear on what was needed, what section of the Development Code was involved and what processes were needed to do the project. Commissioner Lyke stated that currently Economic Development was paying the fees associated with historic preservation. It was rumored that as the function moved into Planning, the cost would be passed on to the neighborhoods. Most of the older neighborhoods did not have a neighborhood association and such costs would be a burden on older neighborhoods. Lockley stated that in the past no fees were required as the city absorbed those costs. Staff was looking at a supplemental package to continue to absorb those costs or whether to pass them on to the requestors. Staff would not determine that policy. Mayor Burroughs felt that the mission needed to be designed as a "can do" attitude for solutions. Keep the energy in a positive attitude. He felt redevelopment would require a number of City of Denton City Council Minutes November 3, 2008 Page 7 ordinance changes and that a sub-department for small infill and small redevelopment projects should be established sometime in the near future. Commissioner Schaake agreed that it would be a good idea as there were areas needing redevelopment. Commissioner Lyke suggested including aesthetics for the areas; the blending of areas for redevelopment/infill. With no further business, the meeting was adjourned at 12:45 p.m. _________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: December 2, 2008 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider approval of tax refunds for the following property taxes: Tax NameReasonAmount Year 1.Columbia Medical CenterDCAD Supplemental Change2003-06$12,381.51 2.First Denton LTDDCAD Supplemental Change2005$5,629.17 BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. The first refund for consideration is attributed to a decrease in the value of the land assessed for the Columbia Medical Center. This decrease in value impacted tax years 2003-06 and resulted in a decrease of $12,381.51 for those tax years combined. The second refund is the result of a change in appraisal for the property from First Denton LTD tax refund of $5,629.17 from the 2005 tax year. FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $18,010.68. Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: December 2, 2008 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of a mariachi band to play music during the anniversary/birthday party for the parents of Jesus and Miriam Contreras. The event will be held at 3880 Cobb Dr. on December 31, 2008, from 12:00 midnight until 3:00 a.m. The Noise Ordinance Chapter 20 -1 (3) states that noise must end by 10:00 p.m.This request is for an exception to the hours of operation. BACKGROUND The Contreras th anniversary , along with a birthday party for their father, at their home located at 3880 Cobb Dr. They would like mariachi music to begin playing at 12:00 midnight for three hours, concluding st at 3:00 a.m., , which is January 1. Cobb Street is located off of Country Club and Ryan Road, near Ryan Elementary School. There are homes located next to and directly behind the Contreras house. A portion of the neighborhood is open space, with horse pastures in the area. Staff has requested the Contreras family to notify residents within a 500-foot radius of their home and provide signed consent for the noise exception. PRIOR ACTION/REVIEW None FISCAL INFORMATION None EXHIBITS 1.Letter of Request 2.Map of Cobb Street Residence with 500-foot radius Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by Janie McLeod Community Events Coordinator 500 Foot Radius Ryan Elementary 095190380570760 Feet November 14, 2008 AGENDA INFORMATION SHEET AGENDA DATE:December 2, 2008 DEPARTMENT:Planning ACM:Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of Fees contained in Ordinance 2004-060 by adopting a new Planning and Development Department Review Fee Schedule as authorized by the Denton Development Code for the City of Denton, Texas, for filing applications for review, approval, and issuance of Municipal Setting Designations (MSDs); providing a severability clause; providing for publication; and providing for an effective date. BACKGROUND On July 15, 2008, the City Council approved an ordinance (2008-150) amending Chapter 26 ordinance is presented in Exhibit 1. In the staff report, staff proposed an MSD application fee of $5,000 per application, which covers ic meetings, and the printing/mailing costs for notifications. However, the $5,000 fee amount was not included in the ordinance.The purpose of the proposed ordinance is to include an MSD application fee of $5,000 in the Planning and Development Department Review Fee Schedule to process MSD requests. A process flowchart and application form checklist to help guide the MSD application process is presented in Exhibit 3 and 4, respectively. PRIOR ACTION/REVIEW July 15, 2008 the Code of Ordinances. FISCAL IMPACT The $5,000 fee application will cover the expens public notices and public meetings, and the printing/mailing costs for notifications. A table outlining the fee estimate is presented in Exhibit 2. OPTIONS 1.Approve as submitted 2.Approve with conditions 3.Deny 4.Postpone consideration 5.Table item RECOMMENDATION Staff recommends approval of the fee schedule amendment. EXHIBITS 1.Ordinance amending Chapter 26 Utilities, establishing the MSD 2.Fee Estimate 3.Process Flowchart 4.MSD Application Form Checklist 5.Ordinance Prepared by: Respectfully submitted: Ron Menguita Mark Cunningham Planning Supervisor Director of Planning and Development MUNICIPAL SETTING DESIGNATION - FEE ESTIMATE CALCULATION Description of Activity est. hours DEQ Staff: Review application, research, comments to applicant 8 DEQ Staff: facilitate applicant responses, phone calls / meetings 10 DEQ Staff: Public meeting participation, backup and presentations to COE / Council 12 Planning Staff: receive and distribute application, coordination, coordinate public meeting 16 GIS Staff: map updates 4 Staff hourly rate, including overhead / indirect $80 Mailing expenses (postage and preparation)$1000 STAFF REVIEW EXPENSE TOTAL$4,000 TOTAL EXPENSE ESTIMATE (FEE)$5,000 Ó«²·½·°¿´Í»¬¬·²¹Ü»·¹²¿¬·±²ß°°´·½¿¬·±²Ý¸»½µ´·¬ Ò±¬»æß¼¼·¬·±²¿´×²º±®³¿¬·±²³¿§¾»®»¯«·®»¼¾§Ý·¬§¬¿ºº¼«®·²¹¬¸»°®±¶»½¬®»ª·»©ò 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TxDOT Project No. AM and TxDOT CSJ No.). (Airport Advisory Board recommends M918DNTON 2009DNTON 6-0). BACKGROUND Since 1996 the City of Denton has entered into grant agreements with the Texas Department of Transportation (TxDOT), Aviation Division, known as the Routine Airport Maintenance Program (RAMP). The RAMP grant provides for a fifty percent (50%) state- funding match to the local government sponsor. The 2009 grant is capped at $50,000 of available state assistance. Airport Management has identified a number projects that could be completed with this grant for 2009. Pavement Maintenance $60,000 Grading/Drainage $20,000 General Maintenance $10,000 Miscellaneous $10,000 th The 2009 TxDOT packet was received late on Friday, November 7. Due to this late notice a draft ordinance was not available as part of the Airport Advisory Board Packet dated November 7, 2008. Airport staff is working with the Legal Department to draft an th ordinance and have it available at the meeting on Wednesday, November 12. ESTIMATED SCHEDULE OF PROJECT TxDOT is requesting two signed copies of the agreement be returned expeditiously. The State must approve its share of funding prior to the start of any project and TxDOT has requested that all projects be completed by September, 2009. PRIOR ACTION/REVIEW: The Airport Advisory Board recommended approval of the ordinance for the proposed grant at the November 12, 2008 Airport Advisory Board meeting, 6-0. FISCAL INFORMATION The City’s fifty percent (50%) match of the $100,000 is $50,000, which is reflected in the 2009 Airport Budget. EXHIBITS 1.Draft Ordinance 2.TxDOT Grant Agreement 3.Draft Airport Advisory Board Minutes, November 12, 2008 Respectfully submitted: Mark Nelson Director of Transportation Prepared By; Andrea Sumner Airport Operations Coordinator TEXAS DEPARTMENT OF TRANSPORTATION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (State Assisted Airport Routine Maintenance) TxDOT Project No.: AM 2009DNTON TxDOT CSJ No.: M918DNTON Part I - Identification of the Project TO: The City of Denton, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Grant is made between the Texas Department of Transportation, (hereinafter referred to as the "State"), on behalf of the State of Texas, and the City of Denton, Texas, (hereinafter referred to as the "Sponsor"). This Grant Agreement is entered into between the State and Sponsor shown above, under the authority granted and in compliance with the provisions of the Transportation Code, Chapter 21. airport maintenance The project is for at the Denton Municipal Airport. Part II - Offer of Financial Assistance 1. For the purposes of this Grant, the annual routine maintenance project cost, Amount A, is estimated as found on Attachment A, Scope of Services, attached hereto and made a part of this grant agreement. State financial assistance granted will be used solely and exclusively for airport maintenance and other incidental items as approved by the State.Actual work to be performed under this agreement is found on Attachment A, Scope of Services. State financial assistance, Amount B, will be for fifty percent (50%) of the eligible project costs for this project or $50,000.00, which ever is less, per fiscal year and subject to availability of state appropriations. The Sponsor may request the State to provide mowing services, services to be provided at the discretion of the State. However, mowing services will not be eligible for state financial assistance. Sponsor will be responsible for 100% of costs of any mowing services. Page 1 of 12 AVN4301.DOC (8/2008) Scope of Services, Attachment A, of this Grant, may be amended, subject to availability of state funds, to include additional approved airport maintenance work. Scope amendments require submittal of an Amended Scope of Services, Attachment A. Services will not be accomplished by the State until receipt of Sponsor's share of project costs. Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Work shall be accomplished by August 31, 2009, unless otherwise approved by the State. 2. The State shall determine fair and eligible project costs for work scope. Sponsor's share of estimated project costs, Amount C, shall be as found on Attachment A and any amendments. It is mutually understood and agreed that if, during the term of this agreement, the State determines that there is an overrun in the estimated annual routine maintenance costs, the State may increase the grant to cover the amount of the overrun within the above stated percentages and subject to the maximum amount of state funding. The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor. 3. Sponsor, by accepting this Grant certifies and, upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to the State the right to audit any books and records of the Sponsor to verify expended funds. Upon execution of this Agreement and written demand by the State, the Sponsor's financial obligation (Amount C) shall be due in cash and payable in full to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay their obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V-3. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. The State shall reimburse or credit the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor which exceed Sponsor's share (Amount C). 4. The Sponsor specifically agrees that it shall pay any project costs which exceed the amount of financial participation agreed to by the State. It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State which are in excess of the percentage of financial assistance (Amount B) as stated in Paragraph II-1. Page 2 of 12 AVN4301.DOC (8/2008) 5. Scope of Services may be accomplished by State contracts or through local contracts of the Sponsor as determined appropriate by the State. All locally contracted work must be approved by the State for scope and reasonable cost. Reimbursement requests for locally contracted work shall be submitted on forms provided by the State and shall include copies of the invoices for materials or services. Payment shall be made for no more than 50% of allowable charges. The State will not participate in funding for force account work conducted by the Sponsor. 6. This Grant shall terminate upon completion of the scope of services. Part III - Sponsor Responsibilities 1. In accepting this Grant, if applicable, the Sponsor guarantees that: a. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State in connection with this Grant; and b. the Airport or navigational facility which is the subject of this Grant shall be controlled by the Sponsor for a period of at least 20 years; and c. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes and shall provide adequate public access during the period of this Grant; and d. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and e. it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "through-the-fence operation," unless an exception is granted in writing by the State due to extreme circumstances; and f. it shall not permit non-aeronautical use of airport facilities without prior approval of the State; and g. the Sponsor shall submit to the State annual statements of airport revenues and Page 3 of 12 AVN4301.DOC (8/2008) expenses when requested; and h. all fees collected for the use of the airport shall be reasonable and nondiscriminatory. The proceeds from such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility; and i. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be submitted to the State. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in the Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and j. the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and k. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain avigation easements or other property interests in or rights to use of land or airspace, unless sponsor can show that acquisition and retention of such interest will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State. 2. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting claim or liabilities which might be imposed on the State as the result of those activities by the Sponsor, the Sponsor's agents or employees. Page 4 of 12 AVN4301.DOC (8/2008) 3. The Sponsor's acceptance of this Offer and ratification and adoption of this Grant shall be evidenced by execution of this Grant by the Sponsor. The Grant shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. If it becomes unreasonable or impractical to complete the project, the State may void this agreement and release the Sponsor from any further obligation of project costs. 4. Upon entering into this Grant, Sponsor agrees to name an individual, as the Sponsor's Authorized Representative, who shall be the State's contact with regard to this project. The Representative shall receive all correspondence and documents associated with this grant and shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponsor, and coordinate schedule for work items as required. 5.By the acceptance of grant funds for the maintenance of eligible airport buildings, the Sponsor certifies that the buildings are owned by the Sponsor. The buildings may be leased but if the lease agreement specifies that the lessee is responsible for the upkeep and repairs of the building no state funds shall be used for that purpose. 6.Sponsor shall request reimbursement of eligible project costs on forms provided by the State. All reimbursement requests are required to include a copy of the invoices for the materials or services. The reimbursement request will be submitted no more than once a month. 7.The Sponsor's acceptance of this Agreement shall comprise a Grant Agreement, as provided by the Transportation Code, Chapter 21, constituting the contractual obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the airport maintenance and compliance with the assurances and conditions as provided. Such Grant Agreement shall become effective upon the State's written Notice to Proceed issued following execution of this agreement. Page 5 of 12 AVN4301.DOC (8/2008) PART IV - Nomination of the Agent 1. The Sponsor designates the State as the party to receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 2. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform the following services: a. accept, receive, and deposit with the State any and all project funds granted, allowed, and paid or made available by the Sponsor, the State of Texas, or any other entity; b. enter into contracts as necessary for execution of scope of services; c. if State enters into a contract as Agent: exercise supervision and direction of the project work as the State reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor or any service provider, the State shall issue a written order which shall prevail and be controlling; d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with the State approved contracts; e. obtain an audit as may be required by state regulations; he State Auditor may t conduct an audit or investigation of any entity receiving funds from TxDOT directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. f. reimburse sponsor for approved contract maintenance costs no more than once a month. PART V - Recitals 1. This Grant is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. Page 6 of 12 AVN4301.DOC (8/2008) 2. It is the intent of this grant to not supplant local funds normally utilized for airport maintenance, and that any state financial assistance offered under this grant be in addition to those local funds normally dedicated for airport maintenance. 3. This Grant is subject to the applicable provisions of the Transportation Code, Chapters 21 and 22, and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the terms of this Grant or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. a. Of primary importance to the State is compliance with the terms and conditions of this Grant. If, however, after all reasonable attempts to require compliance have failed, the State finds that the Sponsor is unwilling and/or unable to comply with any of the terms of this Grant, the State, may pursue any of the following remedies: (1) require a refund of any financial assistance money expended pursuant to this Grant, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any financial assistance money expended on the project pursuant to this Grant, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Grant null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Grant, or for enforcement of any of the provisions of this Grant, is specifically set by Grant of the parties in Travis County, Texas. 4. The State reserves the right to amend or withdraw this Grant at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State. 5. This Grant constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 6. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including Sections 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. Page 7 of 12 AVN4301.DOC (8/2008) Part VI - Acceptances Sponsor The City of Denton, Texas, does ratify and adopt all statements, representations, warranties, covenants, agreements, and all terms and conditions of this Grant. Executed this day of, 20___. City of Denton, Texas Sponsor Witness Signature Sponsor Signature Witness Title Sponsor Title Certificate of Attorney I,, acting as attorney for __________________________, Texas, do certify that I have fully examined the Grant and the proceedings taken by the Sponsor relating to the acceptance of the Grant, and find that the manner of acceptance and execution of the Grant by the Sponsor, is in accordance with the laws of the State of Texas. Dated at, Texas, this day of, 20___. Witness Signature Attorney's Signature Witness Title Page 8 of 12 AVN4301.DOC (8/2008) Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: Date: Page 9 of 12 AVN4301.DOC (8/2008) Attachment A Scope of Services TxDOT CSJ No.:M918DNTON Eligible Scope Items:Estimated CostsState ShareSponsor Share Amount AAmount BAmount C PAVEMENTS $60,000.00$30,000.00$30,000.00 GENERAL MAINTENANCE $10,000.00$5,000.00$5,000.00 PAVEMENT MARKINGS$0.00$0.00$0.00 GRADING/DRAINAGE $20,000.00$10,000.00$10,000.00 MISCELLANEOUS $10,000.00$5,000.00$5,000.00 Total $100,000.00$50,000.00$50,000.00 Accepted by: City of Denton, Texas Signature Title: Date: Notes: (explanations of any specifications or variances as needed for above scope items) PAVEMENTS – Sponsor to contract for entrance and vehicle access paving. GENERAL MAINTENANCE – Sponsor to contract for security gate maintenance; light pole relocation; and tower entrance gate access. GRADING/DRAINAGE – Sponsor to contract for airside and landside drainage improvements. MISCELLANEOUS – Sponsor to contract for tower radio maintenance. Other projects to be determined and added by amendment. Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Page 10 of 12 AVN4301.DOC (8/2008) CERTIFICATION OF AIRPORT FUND TxDOT CSJ No.: M918DNTON The City of Denton does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. City of Denton, Texas (Sponsor) By: Title: Date: Page 11 of 12 AVN4301.DOC (8/2008) DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOT CSJ Number: M918DNTON The City of Denton designates, (Name, Title) as the Sponsor’s authorized representative, who shall receive all correspondence and documents associated with this grant and who shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponsor. City of Denton, Texas (Sponsor) By: Title: Date: DESIGNATED REPRESENTATIVE Mailing Address: Overnight Mailing Address: Telephone/Fax Number: Email address (if available): Page 12 of 12 AVN4301.DOC (8/2008) DRAFT MINUTES 1 AIRPORT ADVISORY BOARD 2 NOVEMBER 12, 2008 3 4 5After determining that a quorum was present, the Airport Advisory Board convened for a 6Regular Meeting on Wednesday, November 12, 2008 at 5:30 p.m. in the Denton Airport 7Terminal Building at the Denton Airport at 5000 Airport Road, Denton, Texas. 8 BOARD MEMBERS PRESENT 9: Chairman Mr. Woolfolk, Vice Chairman, Dr. Smith, Mr. 10Brewer, Mr. Brown, Mr. Eames, Dr. Kristoferson. 11 BOARD MEMBERS ABSENT 12: Excused absent Mr. Clark. 13 STAFF MEMBERS PRESENT 14: Mark Nelson, Director of Transportation 15 Julie Mullins, Administrative Assistant, Andrea Sumner, Operations Coordinator. 16 PUBLIC PRESENT: 17 Jeff Soules, US Aviation Group, Damon Ward, Business Air Center, Bill 18Lindsay, Business Air Center, Phil Jordan, Business Air Center, Wesley Pierce, David 19Schulman. 20 21 ITEMS FOR INDIVIDUAL CONSIDERATION 22 23 24III. Receive a report, hold a discussion and provide a recommendation to City Council 25requesting the City Manager, or his designee, to execute on behalf of the City of Denton 26an acceptance of an offer from the Texas Department of Transportation (TxDOT) relating 27to a grant for the Routine Airport Maintenance Program (RAMP); authorizing the City 28Manager to expend funds provided for in the grant program; and declaring an effective 29date. TxDOT Project No. and TxDOT CSJ No.). AM 2009DNTON M918DNTON 30 31Ms. Sumner gave an overview on this Grant. She informed the Board of the categories 32for the use of the grant for fiscal year 2008-2009. It is a 50:50 Grant. The General Fund 33budget for Fiscal Year (FY) 2008-2009 has the $ 50,000 match in the Budget. 34 35Dr. Smith made a motion to approve the grant. Mr. Eames seconded the motion. 36 37Mr. Brown asked; has anyone seen an Airport Budget for this Fiscal Year (FY). 38 39Airport Board Members udget. Ms. Sumner said 40tomorrow. 41 42Mr. Brewer commented that this is a grant that comes before them every year and does it 43need to?. Mr. Nelson said yes itneeds to go to City Council for approval per direction of 44the Legal Department and because of the assurances in the grant. 45 Motion carried 6-0 46 47 48Back to Item III AGENDA INFORMATION SHEET AGENDA DATE: December 2, 2008Questions regarding this report may be directed to DEPARTMENT: Finance/Risk Management Scott Payne at 349-7836 ACM: Jon Fortune SUBJECT Consider approval of an Ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute an Administrative Services Agreement for self-funded employee benefit plans with United Healthcare Insurance Company; authorizing the expenditure of funds therefor; and providing an effective date (in the estimated annual amount of $356,000). BACKGROUND In 2005 and 2006, various discussions were held with the Council and with the Audit/Finance Committee regarding moving the City of Denton from a fully-insured employee health program to a self-funded program. In March of 2007, with the support of the Council, the City went out to the marketplace with RFP #3723. On June 19, 2007, after a lengthy evaluation process, the Council authorized the City to begin contract negotiations with Fiserv Health Plan Administrators, Inc. (Fiserv), self-funded health program, effective January 1, 2008. From June 2007 through December 2007, City staff, our benefits consultant (McGriff, Seibels & Williams) and Fiserv worked to build our health plan structure. Our goal during the transition from fully-insured to self insured was for the change to be as invisible to our employees and retirees as possible. To accomplish this goal we worked to ensure that the benefits administered by Fiserv would be essentially the same benefits they had under United Healthcare. Through conference calls and face-to-face meetings, and Williams), and Fiserv worked to translate the health plan benefits that City employees into the Fiserv system.These meetings were very productive, and everyone left those discussions standpoint, but that they also understood the intent behind how the benefits should be paid. In November of 2007, the City received notice -insured health insurance company from 2004-2007) had purchased Fiserv, resulting in a name change to .At that time, no one knew exactly how the purchase would impact the City, but all the parties felt confident that our existing Account team would remain in place and that our benefits would still be administered under the Fiserv system and benefits platform. The final contract between the City and Fiserv was approved by Council on December 4, 2007. Agenda Information Sheet December 2, 2008 Page 2 While the decision to move to a self-funded health benefits program was made with some trepidation and concern about the possible financial risk, so far the decision has yielded positive financial results. The below table shows a comparison between the costs paid to United Healthcare (UHC) in 2007, the estimated costs we would have paid to UHC had we stayed with them in 2008, and our total self-funded health care costs in 2008, through October 31, 2008. Table 1 Cost Comparison:Self-Funded vs. Fully-Insured Fiserv 2008UHC 2007SavingsSavings Health Costs$9,358,548$10,683,948$1,325,400$11,538,664$2,180,116 The total costs represented above include the following factors: 1.The total costs paid under Fiserv/UMR include reimbursements of $141,356 paid to the City by ING, our Stop Loss insurance company. These payments represent three individual plan members (one active employee, one dependent and one retiree) whose health care costs have exceeded the $150,000 Individual Stop Loss (ISL) level. Any additional health care costs incurred by these three individuals in 2008 will be reimbursed by ING. Beginning on January 1, 2009, the City will again be the primary payer on their health claims. 2.The Fiserv/UMR costs also include st manager (PBM), Express Scripts Inc., for prescription drug rebates earned in the 1 Quarter of 2008. compensation for putting certain drugs on their drug formulary and are based on the volume of drugs that are dispensed through the PBM. There is asignificant lag in receiving these rebates but we will eventually get rebates for all four quarters of 2008. 3.The estimated UHC cost for 2008 is based on an 8% increase in premium.According to our benefits consultant, this is consistent with industry wide premium increases in 2008. While the decision to move to a self-funded health benefits program has yielded positive financial benefits, our choice of a third-party administrator (TPA) has not been as positive. Since the beginning of the plan year we have experienced ongoing issues with customer service, benefit coding, benefit interpretation, and claims processing. These are the basics, essentially the s not been performed well by Fiserv/UMR. In May, staff traveled to Wausau, Wisconsin to meet with Fiserv/UMR in an attempt to work through our issues and concerns. We spent significant time walking them through our issues and ensuring that they understood the intent behind how various benefits were supposed to be paid. Although we left Wisconsin with a belief that Fiserv/UMR had heard our displeasure and would be taking steps to correct the various problems, nothing really changed. Agenda Information Sheet December 2, 2008 Page 3 Because of these problems, members of our health program have experienced frustration and confusion with how their benefits have been paid, or in many cases, not paid. The problems have also affected the medical provider community and have even impacted our provider network through Texas True Choice. Based on this, and due to our concern that no significant improvements had occurred, staff began exploring other options for TPA services. One of the first things considered was moving back to UHC, but on a self-funded basis. Given that UHC had recently purchased Fiserv, that we had favorable experience with them from a customer service and network perspective, and that they were one of the finalists during the RFP process, we asked our consultant to begin discussions with UHC. They were very receptive to the idea as they did not want to lose the business as it would reflect poorly on a Fiserv/UMR. Discussions were held with the Purchasing Department and Legal and both were in agreement that since UHC had purchased UMR, as well as all their assets, liabilities and contracts, that we could move to UHC without going back out with another RFP, as long as UHC was willing to honor the fees and terms of the original Fiserv/UMR contract. UHC agreed to do this even though the Fiserv/UMR fees were substantially lower than those that were originally proposed by UHC in their 2006 response to our RFP (UHC - $493,400 estimated vs. Fiserv - $356,000 estimated). However, it was their belief that the UHC medical provider network would save the City of Denton more money than the Texas True Choice, the network we are utilizing through Fiserv/UMR. UHC has proposed that if network savings are realized, that a portion of the savings would be passed back to UHC in the form of a network performance rebate.The total fees received by UHC (administrative fees + network performance rebate) will not exceed the $493,400 originally proposed by UHC in 2006. Through August 31, 2008, the Texas True Choice medical provider network was saving the City approximately 39% off of the total billed charges. UHC estimates that the Choice Plus provider network will save the City approximately 49.5% off of total billed charges. This additional 10% in network discounts could save the City approximately $869,000, and UHC would earn $137,000 more in total compensation. (EIC) and they are all in favor of making this change. Many of the EIC members have had first- hand experience with the customer service issues that have occurred with Fiserv/UMR. It should also be noted that while UHC now owns Fiserv/UMR, the City will be administered under the UHC computer system and our account will be handled by UHC employees. UHC will continue to market both the UHC self-funded services as well as those offered by UMR. Additionally, the City of Garland has also experienced customer service issues with Fiserv/UMR and is in the process of moving their self-funded ASO program away from them. Agenda Information Sheet December 2, 2008 Page 4 RECOMMENDATION approval of the Administrative Services Agreement with United Healthcare Insurance Company, effective January 1, 2009. ESTIMATED SCHEDULE OF PROJECT The contract begins January 1, 2009, with a guaranteed rate until December 31, 2010. PRIOR ACTION/REVIEW On December 4, 2007, the City Council awarded a three-year Administrative Services Agreement for self-funded employee benefit plans to Fiserv, effective January 1, 2007. FISCAL INFORMATION Funds for -funded health program for FY 2008-09 have been budgeted in account 850500.6705.0001 (Health) and 850500.6705.0002 (Pharmacy). BID INFORMATION The previous RFP is available should Council wish to review it. EXHIBITS Exhibit 1 December 4, 2007 Agenda Information Sheet Exhibit 2 Ordinance Respectfully submitted: ______________________________ Scott Payne Risk Manager EXHIBIT 1 AGENDA INFORMATION SHEET AGENDA DATE: December 4, 2007Questions regarding this report may be directed to DEPARTMENT: Finance/Risk ManagementScott Payne at 349-7836 ACM: Jon Fortune SUBJECT Consider approval of an Ordinance authorizing the City Manager to execute an administrative services agreement for self-funded employee benefit plans with Fiserv Health Plan Administrators, Inc.; authorizing the expenditure of funds therefor; and providing an effective date (RFP 3723- Administrative Services Only (ASO) for Medical and Pharmacy Benefits awarded to Fiserv Health in the estimated amount of $356,000). BACKGROUND At a Council meeting on December 19, 2006, the Council gave direction to staff to move toward aself-funded health and pharmacy benefits program. A comprehensive RFP was developed and distributed in March 2007.The City received 19 responses to the RFP from a variety of providers, including insurance companies, third-party administrators (TPA) and pharmacy benefit managers (PBM).On June 19, 2007, the Council received a report and recommendation -funded medical benefits administration. Since that time staff has been working with the implementation team at Fiserv Health to build our medical benefits plan to match the benefits currently available to our employees, dependents and retirees under the United Healthcare fully-insured medical plan. The process of building that plan and determining how benefits will be processed was a requirement for developing the final contract which is being presented today. As the plan was built, some additional fees were added that were not originally presented to Council on June 19, 2007. The below chart shows a comparison of the fees presented at that time compared with the final fees in the contract. Table 1 Total Admin Fee Comparison June 19, 2007Final Administration$ 13.50$ 13.50 Network Access Fee$ 3.75$ 3.75 Stop Loss Reporting$ 1.25$1.25 Medical/Disease Management$ 6.50$ 6.50 Medstat Reporting PackageN/A$ 0.25 Agenda Information Sheet December 4, 2007 Page 2 Total Per Employee Per Month (PEPM)$ 25.00$ 25.25 Other Fees: New YorkSurchargeN/A$ 1,000 Custodial Banking SetupN/A$ 1,200 Banking Fee ($500 per Month)N/A$ 6,000 Custom ID Cards w/ logoN/A$ 1,000 Total Estimated Annual Fee (based on $342,600$355,226 1,142 members) The majority of the increase in estimated fees ($7,200) is related to the set up and ongoing maintenance of the banking arrang Accounting Department and Fiserv. The other major fee increase is for the Medstat reporting package ($0.25 x 1,142 x 12 = $3,426). These are additional reports beyond the standard reporting package that will allow us to analyze our self-funded health data in a multitude of ways. Having access to this level of data manipulation will allow us to better manage the plan. The New York Surcharge is essentially a fee to register our health plan with the State of New York. If someone accesses health care in New York and is not with a registered plan, a surcharge of approximately 26% would be added to the medical care cost. Exhibit 3 provides a detailed illustration of the expected plan savings in 2008 by being self- funded. This illustration has been updated since the last time council reviewed it to reflect additional months of claims experience under United Healthcare and the updated fees for stop loss insurance, Fiserv (medical) and for Express Scripts (pharmacy). In summary: Estimated Fully-InsuredEst.Self-InsuredSelf-Insured Savings Fiserv/Express Scripts$13,955,456$11,341,934$2,613,522 Even with the slight increase in overall fees, we are still projecting significant savings for 2008 by moving to a self-funded health benefits program. It should be noted that Fiserv Health has recently been purchased by United Healthcare. One of the areas where Fiserv distinguished themselves from United Healthcare was in their ability to provide flexible, customized self-funded programs for their clients. The management of Fiserv Health believes that these abilities are why United Healthcare purchased them and that they will continue to be able to provide these flexible, customized solutions for the City. Exhibit 4 provides two different press releases related to this purchase. Agenda Information Sheet December 4, 2007 Page 3 RECOMMENDATION Staff recommends the approval of the contract with Fiserv Health for self-funded medical benefits administration. This contract has been reviewed by the Risk Management staff, the ESTIMATED SCHEDULE OF PROJECT December 4, 2007 Council Meeting January 1, 2008 Self-funded plan year begins PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Council received a White Paper on April 4, 2005, that included a discussion of moving to a self-funding benefits program. The Audit Committee has reviewed the issue of moving to a self-funded medical and pharmacy benefits program during discussion of an Issue Paper on July 14, 2006, and September 13, 2006. The Council approved moving to a self-funded program during a work session discussion on December 19, 2006.Approval was given at the June 19, 2007, Council meeting to begin contract negotiations with Fiserv Health. FISCAL INFORMATION -funded medical benefits program are budgeted in 850500.6705.0001. BID INFORMATION The RFP and Vendor List is available should the Council wish to review them. EXHIBITS Exhibit 1 Fiserv Health Contract Exhibit 2 Council Agenda Sheet June 19, 2007 Exhibit 3 Self-Funded Claims Comparison Exhibit 4 Fiserv Health Press Release Exhibit 5 Ordinance Respectfully submitted: ______________________________ Scott Payne Risk Manager AGENDA INFORMATION SHEET AGENDA DATE: December 2, 2008 DEPARTMENT: Planning and Development ACM:Fred Greene ______________________________________________________________________________ SUBJECT- A08-0001 (JNC Properties Annexation) Hold the first of two public hearings to consider, under the annexation procedures for areas exempted from the municipal annexation plan, the voluntary annexation and service plan for approximately 868.29 acres, located in the Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists of two distinct areas, as presented in Exhibit 1. The first area (annexation area #1) is approximately 24.94 acres in size rrent northern city limits and Lake Ray Roberts, south of FM 2153. The second area (annexation area #2) is approximately 843.35 acres and is generally located east of FM 2164 and north of Shepard Road. BACKGROUND Applicants: JNC Partners Denton, LLC, White Cake Denton, L.P., and John Lau An annexation proceeding is being considered by the City of Denton for approximately 868.29 acres consisting of two distinct areas, as presented in Exhibit 1. The first area (annexation area #1) is approximately 24.94 northern city limits and Lake Ray Roberts, south of FM 2153. The second area (annexation area #2) is approximately 843.35 acres and is generally located east of FM 2164 and north of Shepard Road.The purpose of the proposed annexation is to implement a settlement agreement between the City of Denton and the applicants of the annexation petition. The following items summarize the important actions taken: The subject property proposed - territorial Jurisdiction (ETJ) and is not zoned. The Comprehensive Plan identifies this area to be within a Rural Areas land use designation. The annexation is scheduled for completion on February 17, 2009, see Exhibit 5. nsidered when a property is located within the designated urbanizing area; is expected to accommodate urban growth in the next twenty years; and if the annexation is contiguous to existing city limits, city roads and rights-of- way. The subject site is loc within a platted lot; any subdivision or reconfiguration of the subject property will be subject to uire additional properties. Public notification information is provided in Exhibit 4. As of this writing, staff has not received any response from property owners within 200 feet of the subject site. OPTIONS 1. Proceed with the annexation. 2. Amend the land area proposed for annexation. 3. Amend the Service Plan. 4. Discontinue annexation. RECOMMENDATION Staff recommends that the public hearings proceed as scheduled, finding that the need to manage and coordinate development in an orderly manner is a significant City objective that the City of Denton will pursue. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. EXHIBITS 1.Location Map 2.Future Land Use Map 3.Proposed Plan for Development 4.Notification Information 5.Annexation Summary Schedule 6.Service Plan 7.Service Area Analysis Prepared by: Respectfully submitted: Ron Menguita Mark Cunningham, AICP Planning Supervisor Director of Planning and Development EXHIBIT 1 EXHIBIT 2 EXHIBIT 3 PROPOSED PLAN FOR DEVELOPMENT EXHIBIT 4 íÈÛÑÔÚ ïÎÉÔ×ÔÚÜÉÔÎÏ ùÜÉØ ôÏ îÍÍÎÊÔÉÔÎÏ ôÏ ÷ÜÇÎË ïØÈÉËÜÑ EXHIBIT 5 ANNEXATION SUMMARY SCHEDULE A08-0001JNC Properties Annexation Tuesday, 12/2/08 City Council conducts first public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. Annexation Study prepared and available for public review. Service Plan prepared and available for public review. Tuesday, 12/09/08City Council conducts second public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. Wednesday, 12/10/08 Planning and Zoning Commission public hearings make a recommendation to City Council regarding the proposed annexation. Tuesday, 1/06/09 City Council by a four-fifths vote institutes annexation proceedings First reading of annexation ordinance. Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, 1/18/09Ordinance published The ordinance cannot be acted upon until at least 30 days after publication. Tuesday, 2/17/09 City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes st annexation proceedings (adopts ordinance on 1 reading). The second reading of the ordinance could be held any time between 2/17/09 and 4/06/09. Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local st Government Code requires that City Council institute annexation proceedings (1 Reading of the 20 days after the second City Council public hearing but less than 40 Ordinance) more than days from the first City Council public hearing. EXHIBIT 6 DRAFT CITY OF DENTON SERVICE PLAN FOR A08-0001 JNC Properties Annexation I.AREA ANNEXED The area to be annexed comprises approximately 868.29acres of land adjacent to the City of Denton, Texas, Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists of two distinct areas, as shown on the attached location map. The first area (annexation area #1) is approximately 24.94 acres in size and is ge northern city limits and Lake Ray Roberts, south of FM 2153. The second area (annexation area #2) is approximately 843.35 acres and is generally located east of FM 2164 and north of Shepard Road. II.INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.056(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III.AD VALOREM (PROPERTY OWNER) TAX SERVICES A.Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. B.Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 10 minutes, which is similar to responses for surrounding properties within the city limits.The City of D. Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County, shall be maintained by the City of Denton on the effective date of the annexation. Maintenance of street signs, street lighting and traffic control devices will commence by the City of Denton on the effective date of the annexation. E.Parks and Recreation Facilities There are few residents in the area to be annexed, and no parks are currently located within the proposed annexation area. Denton neighborhood park facilities are located within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs.As the land develops, the City will evaluate the need for park and recreational facilities in accordance with the 2000 Parks and Recreation Master Plan and applicable city ordinances. F.Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. G.Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both services are provided on a Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. H.Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of the Development Code, concerning subdivision and land development regulations. IV.UTILITY (RATEPAYER) SERVICES A.Solid Waste Collection The City of Denton is the exclusive residential and commercial Solid Waste service provider within Denton's city limits. The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. All residential homeowners and commercial businesses should telephone the City of Denton Solid Waste Customer Service Department at 940-349-8787 to initiate service. Residential Solid Waste Services Each residential customer will be provided a 60-gallon wheeled, green refuse cart, which will be serviced one time per week. Upon request, a smaller or larger refuse cart can be provided. Residents are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Weekly yard waste service is provided. Weekly curbside recycling services with each residential customer being provided a 60 gallon wheeled blue recycling cart. Collection is provided by Allied Waste Services. Household Chemical Collection provided once per week upon request. -recycling service, yard waste collection service, and household chemical collections will occur on the same day each week. Please telephone Solid Waste Field Support Operations, 940-349-8080 to obtain information or find out which day your refuse, yard waste, recyclables, and household chemicals will be collected. Commercial and IndustrialRefuse and Recycling Services Each commercial and/or Industrial business will be provided with a commercial container(s). They are available in a variety of sizes and frequencies of collection, based on the waste materials types and volumes generated. All refuse placed in a commercial refuse container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed (front load containers only) will not be collected. All refuse placed outside any container is subject to code enforcement regulations, including potential fines. For placement of a commercial recycling container, please contact Solid Waste Field Support Operations, 940-349-8080, to have a recycling coordinator visit your site to perform a recycling materials audit in order to determine the various materials available for recycling at your site. All recyclables shall be placed in recycling containers without being bagged. Landfill Services The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding landfill disposal charges or other services, call the Landfill Office at 940-349-8041. B.Water/Wastewater Facilities The annexation area is along the northeastern border of the City of Denton. The annexation property is located within Denton's wastewater Certificate of Convenience and Necessity (CCN), which is a utility service area permit authorizing a specified utility to be the retail service provider. The water CCN holders for the annexation property include the City of Denton, Bolivar Water Supply Corporation and Green Springs Water Supply Corporation. Currently, the area to be annexed is provided water service by Bolivar Water Supply Corporation, Greens Springs Water Supply Corporation or private water wells. Wastewater service is currently provided by individual private onsite wastewater systems (septic tanks and aerobic spray irrigation systems). There is a 54-inch waterline along FM 2153 and FM 428 in immediate proximity to the area to be annexed. Water service is available from this transmission pipeline to provide both potable water and fire-flow at designated connection points that were designed into the pipeline upon acquisition of the right to serve. The City of Denton has plans to construct a new wastewater treatment plant in the Clear Creek watershed to provide wastewater service to this portion of their wastewater CCN. The City has obtained a wastewater discharge permit from the TCEQ for this facility. Construction of this facility however is currently not included in the 5-year capital improvement plan. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density based on current land use. The service plan shall be amended to provide for extension of water mains (upon acquisition of the right to serve) from existing and planned facilities as development occurs within the area in conformance with standard extension regulations and rules, which require extension at the initial expense of the property owners, subject to and consistent with the City's participation policies, Tex. Loc. Gov't Code ch. 395, and the City's impact fee regulations. C.Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density based on current land use. The plan may be amended, however, as development occurs. D.Electrical Services Denton Municipal Electric is not certified by the State to provide electric utility service to the annexation area beyond Elm Bottom Circle should a request be made by a property owner. V.OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. VI.CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 ½) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density. VII.UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. VIII.TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. IX.AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). EXHIBIT 7 SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation The Planning and Development Department has received a request for annexation of approximately 868.29acres of land adjacent to the City of Denton, Texas, located in the northeastern ar, Division 1. The proposed annexation is in multiple ownerships, and consists of two distinct areas, as shown on the attached location map. The first area (annexation area #1) is approximately 24.94 acres in Roberts, south of FM 2153. The second area (annexation area #2) is approximately 843.35 acres and is generally located east of FM 2164 and north of Shepard Road. Size: 868.29acre Location: Proposed use: Residential and Retail Development Proposed zoning: Multiple zoning districts The purpose of the service area analysis is to determine how the city would provide services to the area should it be annexed into the city. A service area analysis form is attached. Please ability to provide services to the proposed area it is necessary to document: proposed area; additional personnel and capital equipment/facilities necessary to provide an adequate level of service to the proposed area; and cost of providing additional service. Existing Conditions: Proximity to existing arterial and collector roads.The first area approximately 24.94 acres is , south of FM 2153. The Mobility Plan designates FM 2153 as a Secondary Major Arterial. The second area approximately 843.35 acres is generally located east of FM 2164 and north of Shepard Road.The Mobility Plan designates FM 2164 as a Primary Major Arterial and Shepard Road as a Secondary Major Arterial. Future Land Uses. The proposed annexation areas are within the Rural Areas future land use designations. Existing land uses: The first area approximately 24.94 acres is developed with rural residential developments. The second area approximately 843.35 acres is developed with some rural residential developments with the majority of the area undeveloped/pasture land. Prominent natural features: Environmental Sensitive Areas (ESAs), including floodplain and stream buffers are located within the proposed annexation areas. Proximity to other service providers: The annexation area is along the northeastern border of the City of Denton. The annexation property is located within Denton's wastewater Certificate of Convenience and Necessity (CCN), which is a utility service area permit authorizing a specified utility to be the retail service provider. The water CCN holders for the annexation property include the City of Denton, Bolivar Water Supply Corporation and Green Springs Water Supply Corporation. Thank you for your consideration of this request. Please submit any other information that you believe is pertinent to evaluate the provision of services to this area to Ron Menguita in the October 31, 2008 Planning and Development Department by , and call 349-8328 if there are any questions. SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Fire # 4 1. Fire and Emergency Medical Services can be provided to the area from fire station (2110 E. Sherman) and fire station #5 (2230 W. Windsor) . 7-10 2. Estimated response time. minutes 5 3. Appropriate response time in the City. minutes No 4. Is a new fire station approved in the CIP that could serve this area? If yes, what is the CIP program year? Yes 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? 2014 If yes, when should this station be operational? 6. Total estimated funding for equipment, employees and/or facilities needed to serve this TBD area strictly based on annexation and proposed development. 7. Please comment on the cumulative impact of annexation and development. N/A At what population level would another fire station facility be required? Is there an accepted facility/equipment to population ratio that can be used for planning No purposes? Is there an accepted fire fighter to population ratio that can be used for planning No purposes? Additional Comments: Ross Chadwick, Fire Chief October 30, 2008 _______________________________ _______________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Parks and Recreation 1. What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area if annexed and/or developed (federal, state, or local)? None are within the proposed annexation. The closest Denton Parks properties to the proposed annexation area are, Water Works Park and Natatorium Pool complex 4 miles to the south, and the Greenbelt Trail and Clear Creek Nature Center approximately 4 mile to the east. The Lake Ray Roberts State Park areas are to the north and east approximately 1 to 5 miles. Current residents will be able to use existing City of Denton parks, facilities and programs. 2. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards? The 2000 Denton Park and Recreation Master Plan does not extend to the general area of the proposed annexation. Existing open space land at Clear Creek Nature Center and the Greenbelt trail along with facilities of Lake Ray Roberts will provide regional park needs. As neighborhood subdivision development occurs neighborhood parks and community parks with athletic facilities will be necessary. 2.5 (to be dedicated at time of Neighborhood Parks: ____ per 1,000 population. development) 5 ____ acres minimum size. (by developer) _____ cost per acre. Recreation Center: _____square feet per 1,000 population. _____square feet minimum size. _____cost per square foot. Other facilities 3 Community Parks: ____ per 1,000 population. 30 acres ____ minimum size. _____ cost per square foot. 3. How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area? None required for Parks at this time. However addition mowing for street right of ways will be needed. Annual Cost for street right of way mowing is estimated at $1,600.00 for the 5 miles or 14.6 acres of new right of way mowing areas to come into the city. _____ cost per acre. _____ cost per square foot. 4. How many additional personnel would be needed to properly serve this area if annexed and developed? No additional personnel for Parks maintenance required at this time. However additional resources will be required for road right of way mowing along, FM2153, Shepard, Gribble Springs and Indian Wells and county roads in the area. _____ additional personnel per 1,000 population; _____ additional personnel per 1,000 square feet of facility; or _____ additional personnel per acre of park. 5. Service Standards: Based on $41.00 per acre per mowing cycle. Additional Comments: Denton Parks and Recreation Department will attempt to coordinate placement of park facilities proposed for development by the developer or use funds from the Park Land Dedication requirements to purchase or expand existing parks within the service area of this development Bob Tickner, Superintendent of Park Planning October 31, 2008 _______________________________ ___________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Police 1. Estimated average response time for this area based on current department conditions: 12 Priority ____ minutes 20 Non-priority ____ minutes 15 Average ____ minutes 2. Appropriate average response time in the city based on current department conditions: 7 Priority _____ minutes 12 Non-priority ____ minutes 10 Average ____ minutes 3. If annexed and developed as proposed will additional personnel be needed as a specific Yes4Police Officers result of this proposal? If yes, how many? What type? Yes 4. Will additional equipment and funding be needed to serve this area? If yes, what 2 Equipped Police Vehicles type? 5. Will a police substation or other facility be needed to serve this area as a result of No annexation and development? If yes, when should the new facilities be operational? _____ 6. Please comment on the cumulative impact of annexation and development. 150,000 At what population level would another police facility be required? Is there an accepted facility/equipment to population ratio that can be used for planning No purposes? Is there an accepted officer to population ratio that can be used for planning purposes? The national average for cities in our population range is 1.9 officers per 1000 population. Additional Comments: Animal Services will require an additional field officer and a vehicle to service this area as proposed. Roy Minter, Chief of Police October 31, 2008 ________________________________ _____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Library 1. Estimated additional funding needed strictly based on proposed annexation and $0.00 development. 2. Please comment on the cumulative impact of annexation and development. Since the proposed annexation area is comprised of land adjacent to the City of it will not have a negative impact on library services. 131,738 3. At what population level would another library facility be required? 4. Is there an accepted circulation to population ratio that can be used for planning Yes,The annual circulation per capita average for the legal service purposes? area population served by the Denton Public Library is 7.47. 5. Is there an accepted employee to population ratio that can be used for planning Yes, 1 full-time equivalent staff per 1,000 population and 1 purposes? professional librarian (M.L.S.) per 8,000 population. 6. If annexed, can anticipated service demands be met using existing materials, facilities, Yes and personnel? 7. If not, how many additional employees and what type of facilities and materials will be N/A needed to provide services? Additional Comments: This annexation will not impact the current level of library services. Eva Poole,Director of Libraries October 30, 2008 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Solid Waste Yes 1. Is residential solid waste service available to the proposed area for annexation? Yes 2. Is commercial solid waste service available to the proposed area for annexation? 3. What is the estimated cost to provide this area with solid waste service? The incremental cost to add the additional customers desiring service. Equipment and Maintenance. _____ Personnel. _____ 4. What is the typical revenue collected per: $15.50, $17.35, or $18.75 per refuse cart Household. $4.30 for residential recycling Charges are based on the container size and Commercial Business frequency of service 5. Will additional equipment be needed to serve this area if annexed or developed? No additional equipment is required. NA Type of Equipment. NA Cost of Equipment. 6. Will additional employees be needed to serve this area if annexed or developed? No additional employees are required. NA Type of Employees. NA Number of Employees. 7. Please comment on the cumulative impact of annexation and development. N/A At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning No purposes? Is there an accepted employee to population ratio that can be used for planning No purposes? Additional Comments: Scott Lebsack, SW Administration ManagerOctober 27, 2008 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? _____ 2. What type of lines and facilities would be required to serve this area? _____ 3. Are any new lines or facilities proposed for construction to serve this area? _____ 4. Are there any potential responsibilities if this area is annexed? _____ 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? _____ Is there an accepted equipment to population ratio that can be used for planning purposes? _____ Is there an accepted employee to population ratio that can be used for planning purposes? _____ Additional Comments: CoServ Electric has in place on or near the referenced properties an adequate and dependable source of electric power and energy capable of supplying electric service to the proposed development locations. Service can be extended to the developed tracts upon request according to our approved Tariffs. Jim Shannon,Business Development Representative CoServ Electric November 20, 2008 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Water/Wastewater 1. What is the nearest City of Denton water line? Size of water line. _____ Location of water line. _____ Distance from proposed annexation. _____ See comments below regarding 2. What is the nearest City of Denton sewer line? sewer lines. Size of sewer line. _____ Location of sewer line. _____ Distance from proposed annexation. _____ 3. According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Size Year Location Water lines _____ _____ _____ See comments below regarding sewer lines. Sewer lines No, 4. Are there any City of Denton lines included in the proposed annexation? wastewater lines are included in the proposed annexation. 5. Please comment on the cumulative impact of annexation and development At what population level would additional equipment be required? _____ Is there an accepted equipment to population ratio that can be used for planning purposes? _____ Is there an accepted employee to population ratio that can be used for planning purposes? _____ Additional Comments: Texas Commission on Environmental Quality (TCEQ) has issued the permit to City of Denton for construction of the Clear Creek Water Reclamation Plant (CCWRP) on City owned property. This plant will provide wastewater treatment service for development in the Clear Creek/Milam Creek/Culp Branch sewersheds. The proposed Craver Ranch development lies within the City of Denton Wastewater CCN. All wastewater flows from this development shall be conveyed to the proposed CCWRP. The Craver Ranch Developer shall develop a wastewater master plan and determine the quantity of wastewater flows to be generated from the development. The Developer shall design and construct the sewer line sized to convey all wastewater flows from the development in accordance with the wastewater master plan, to the CCWRP. The sewer line extension shall be designed under current City subdivision and development code and water/wastewater design criteria manual requirements. The analysis and review of the wastewater master plan will be required during the general development and the preliminary plat process. The major trunk sewers within the development and the off-site sewer line extension will be subject to consideration for oversize participation agreements by the City in accordance with current City subdivision and development code requirements. Oversize participation agreements are subject, however, to approval by the Denton City Council after receiving a recommendation from the City of Denton Public Utilities Board. The Developer may elect to request a pro-rata agreement from the City for any off-site sewer improvements in accordance with current City subdivision and development code requirements. Pro-rata agreements are subject to approval by the Denton City Council after receiving a recommendation from the City of Denton Public Utilities Board. Developer understands that the City charges impact fees for all new or expanded water of the off-site sewer line to convey wastewater flows from the development to the CCWRP does not represent any credit against impact fees due the City. Impact fees are assessed for all connections to the City water/wastewater system based on the rate schedule that is in effect at the time of platting. Impact fees will be collected at the time a building permit is obtained; or if a building permit is not required, it is collected at the system. As of this writing, Planning has not received a response from the Water Department.As soon as information is received, it will be included in the Service Area Analysis. P. S. Arora, Assistant Director WastewaterNovember 19, 2008 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Engineering and Transportation 1. What existing roads, bridges and other transportation facilities will be impacted by this proposed annexation and development in terms of needed improvements or upgrades? Name and location Type of Improvement Approximate Cost 2. Are any of these improvements presently scheduled to be done at state or federal expense? _____ If yes, please identify facility and anticipated date improvements will begin. _____ 3. Please list any drainage improvements that may require local funding, and include estimated cost (if no specific improvements can be determined, please make general comments concerning drainage). City of Denton is not aware of any drainage improvements that have been targeted for the annexation areas that would require city funding. However, any drainage structures within the annexation areas and perimeter road in the area may require improvements during future development if any drainage structure does not handle a 100-year storm event. 4. Will additional equipment and facilities be needed as a specific result of this annexation and development? _____. If yes, what type of equipment or facility? _____ 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? _____ Is there an accepted equipment to population ratio that can be used for planning purposes? _____ Is there an accepted employee to population ratio that can be used for planning purposes? _____ Additional Comments: As of this writing, Planning has not received a response from the Engineering and Transportation Department, except for Drainage. As soon as information is received, it will be included in the Service Area Analysis. Dale Hoelting October 31, 2008 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Denton Independent School District 1. Education services are currently provided by: _____ 2. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? 3. If not, how many additional employees and what type of facilities and materials will be needed to provide services? 4. Estimate additional funding needed strictly based on proposed annexation and development. 5. Will projected school taxes from this development provide that additional funding? 6. Please comment on the cumulative impact of annexation and development. 7. At what population level would other school facilities be required for the City of Denton? 8. Is there an acceptable employee to population ratio that can be used for planning purposes? Additional Comments: As of this writing, Planning has not received a response from Denton Independent School District. As soon as information is received, it will be included in the Service Area Analysis. ________________________________ ____________ Person to contact if there are questions Date AGENDA INFORMATION SHEET AGENDA DATE:December2, 2008 DEPARTMENT:PlanningDepartment ACM:Fred Greene SUBJECT - S08-0006 (Roselawn Elevated Water Tower) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a Specific Use Permit to allow a basic utility on approximately 2.5367 acres of land within a Neighborhood Residential 4 (NR-4) zoning district classification and use designation, generally located on the north side of Roselawn Circle, 440 feet north of Roselawn Drive, and legally described as Lot 1, Block A of the Roselawn Elevated Storage Tank Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommended approval of this Specific Use Permit request (7-0). BACKGROUND Applicant: City of Denton, Water Utilities DepartmentDenton, TX City Council requested S08-0006 to be continued to a date certain, December 2, 2008 at its meeting on November 4, 2008. This agenda item was continued so that the applicant, City of Denton, Water Utilities Department, could hold a neighborhood meeting to discuss the proposed elevated water tower with the Denia Neighborhood Association and its residents. On Thursday, November 13, 2008 a two-hour long neighborhood meeting was held at the Denia Recreation Center. Approximately 1,500 notices for this meeting were sent to the residents within the 936 acre study area as depicted in the boundary for the Denia Neighborhood Small Area Plan (Exhibit 5). Fourteen residents attended the meeting at which time staff presented, discussed and answered questions regarding e Water Master Plan, site selection, history of site selection, factors that must be considered during site selection including elevation, topography, hydrology, access, compatibility and cost. Four (4) people spoke at the meeting, three of which were in opposition. Staff received six comment cards at the conclusion of the meeting which have been included as Exhibit 13. Following the November 13, 2008 neighborhood meeting, staff was asked to determine the number of persons residing within the boundaries of the Denia Small Area Plan. Staff estimates that there are approximately 2,397 persons residing within the boundaries of the small area plan study area based on 2000 Census data and North Central Texas Council of Governments (NCTCOG) population multipliers. The applicant is requesting a Specific Use Permit (SUP) to allow a basic utility (elevated potable water storage tank) on property within a Neighborhood Residential 4 (NR-4) zoning district. The subject site is approximately 2.5367 acres and is currently utilized as vacant pasture land. Pursuant to Development Code (DDC) Subchapter 35.5.2.2 Neighborhood Residential, Permitted Uses,basic utilities are permitted within a NR-4 zoning district subject to the following limitation L(25): L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. DDC Section 35.12.3, Utilities, states, agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, towers (except for Telecommunication Towers), wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police equipment and accessories in connection therewith, but not including buildings and satellite disc antennas, shall be permitted in any district, subject to the normal permit process. Utility transmission and distribution lines, poles and towers This section permits public utilities in any zone district subject to the normal permit process. Section 35.12.3 specifically permits more intense, regional type utility infrastructure that is necessary to serve a whole community. Therefore the City is not bound to follow the zoning ordinance when making use of public property for a public purpose so long as it acts reasonably in regards to the proposed regional serving utility. provide those services including electricity, natural gas, telephone, telecommunications, water or Once constructed, the approximately 145-foot tall, elevated storage tank will accommodate approximately 2.5 to 3.0 million gallons (MG) of potable water to serve the south Denton area. Construction of the facility is intended to provide enhanced service delivery and Improvement Plan (CIP) Public notification information is provided in Exhibit 6.As of this drafting of this report, staff has one response in opposition and one response in favor of the request from property owners within 200 feet of the subject site. PRIOR ACTION/REVIEW Denia Neighborhood Small Area Plan Res. No. R2001-071, Adopted December 4, 2001 Closed session presentation Public Utility Board, May 14, 2007 Closed session presentation City Council, June 5, 2007 Closed session presentation Public Utility Board, April 14, 2008 Closed session presentation City Council, May 6, 2008 Public Hearing Planning & Zoning Commission, October 22, 2008 Public Hearing City Council, November 4, 2008 OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION The Planning and Zoning Commission recommended approval of this Specific Use Permit request (7-0) as conditioned. EXHIBITS 1.Staff Analysis 2.Location Map 3.Zoning Map 4.Future Land Use Map 5.Denia Neighborhood Small Area Plan Boundary Map 6.Notification Information 7.Responses to Notification 8.Site Plan 9.Site Photographs 10.Letter From Applicant 11.Ordinance 12.Planning & Zoning Commission, October 22, 2008 Meeting Minutes 13.Denia Neighborhood Association Meeting, November 13, 2008 Sign-in Sheet and Comment Cards 14.Denia Neighborhood Association PowerPoint Presentation, November 13, 2008 Prepared by: Erica Marohnic, AICP Senior Planner Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: S08-0006DATE TO BE CONSIDERED:December2, 2008 LOCATION:2.5367acres located on the north side of Roselawn Circle approximately 440 feet north of Roselawn Drive. APPLICANT:City of Denton Water Utilities 901-A Texas Street Denton, TX 76209 OWNER:Rayzor Investment, LTD. P.O. Box 336 Denton, TX 76202 REQUEST:Consideran ordinance regarding a Specific Use Permit (SUP) to allow aSpecific Use Permit to allow a basic utility (elevated potable water storage tank) on 2.5367acreswithin a Neighborhood Residential 4 (NR-4) zoning district. RECOMMENDATION:The Planning and Zoning Commission recommended approvalof this Specific Use Permit request (7-0) as conditioned. COMPREHENSIVE The sufuture PLAN DESIGNATION:land use designationand the Denia Neighborhood Small Area Plan. SITE AND The site is currently vacant agricultural pasture land. SURROUNDINGS: North:Neighborhood Residential 4(NR-4)vacant pasture land South:Neighborhood Residential 4 (NR-4) Threesingle-family detached residential dwellings East:Neighborhood Residential 4 (NR-4) and Neighborhood Residential Mixed Use (NRMU) -vacant pasture land West:Neighborhood Residential 4 (NR-4) -vacant pasture land BACKGROUND The existing use of the subject property is vacant agricultural pasture INFORMATION:landand is currently part of a larger 242 acre tract. Historically, the site has retained thisagricultural use and zoning district since adoption ofOrdinance No. 69-01, the City of Dentonfirst zoning ordinance. The zoning district was amendedto Neighborhood Residential 4 (NR-4) with the adoption of the Denton Development Code (DDC) in February,2002. Since then, the site was included within the Denia Neighborhood Small AreaPlan, adopted by City Council withResolution No. R2001-071. There have been no other land use actions for the subject site. In 1990, the proposed elevated potable water storage tank was added to the Water Utilities Capital Improvements Plan (CIP) and the Master Plan. City Engineering staff formally met with the Denia Neighborhood Association onMonday, November 26, 2007during site selection. Several informalmeetings with Engineering staff have occurred as individual citizens brought forth their concerns and requested to see drawings, renderings and maps associated with this CIP project. An issue identified through Public Utility Board and City Council meetingsand concerns raised by citizens is the preservation of the existing tree canopy on site. Location of the elevated storage tank at the proposed site will involve removal of some trees present; however, buffering and screening from neighboring properties should be maintained. Section 35.13.7.A.2.c.v of the DDC exemptsPublic Utilities from thetree preservation ordinance, route plans prior to tree removal or construction, which satisfactorily demonstrate that the proposed installation lies within routes previously established by a current Master Plan for transportation or public utilities, or within an existing easement recorded prior to the effective date of this ANALYSIS: Comprehensive Plan The NR-4zoning district is consistent with the comprehensive plan Analysis:designation of and is located within the boundaries of the Denia Neighborhood Small Area Plan. The Future Land Use element of the Denton Plan (Plan) provides a ovide Additionally, the Infrastructure element of the Plan provides several Policiesrequiring adequate potable water service including, is safe, reliable,cost-effective, and environmentally sensitive and sufficient criteria and are compatible with adjacent properties to the greatest Water Service Goals storage to meet anticipated increase in demand. Design the water distribution system to provide flexibility in the refilling of tanks, providing sufficient water to meet average-day, peak-day and peak- Water Service Strategies the transportation of treated water from the plant and storage facilities through the existing system in newly developed areas; and, property balancing of new elevated storage tanks to the existing elevated storage tanks and allow for adequate refill rates. The Denia Neighborhood Small Area Plan does not address the future needs of potable water service. Development The applicant is requesting aSpecific Use Permit to allow abasic Code/Zoning Analysisutility on approximately 2.5367acreszoned Neighborhood Residential 4 (NR-4).Pursuant to DDCSubchapter 35.5.2.2 Neighborhood Residential, Permitted Uses, basic utilities are permitted within a NR-4 zoning district subject to the following limitation L(25): L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. DDC Section 35.12.3,Utilities, states, municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmissionor distribution systems, collection, communication, supply or disposal systems, including poles, towers (except for Telecommunication Towers), wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police equipment and accessories in connection therewith, but not including buildings and satellite disc antennas, shall be permitted in any district, subject to the normal permit process. Utility transmission and distribution lines, poles and towers may exceed the height limits otherwise provided for in this Chapter, except in the Airport Overlay This section permits public utilities in any zone district subject to the normal permit process. Section 35.12.3 specifically permits more intense, regional type utility infrastructure that is necessary to serve a whole community.Therefore the City is not bound to follow the zoning ordinance when making use of public property for a public purpose so long as it acts reasonably in regards to the proposed regional serving utility. DEPARTMENT AND The Development Review Committee reviewed the Specific Use AGENCY REVIEW:Permitrequest and provided comments and general information. All comments have been addressedby the applicant. FINDINGS:Pursuant to subsection 35.6.4.B. a specific use permit shall be issued only if all of the following conditions have been met: 1.That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; The DRC does not believe that granting the SUP would be injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. The proposed basic utilityissurrounded by vacant agricultural pasture to the north, east and west and three single-family detached residences to the south. The subject site is setback approximately 440 feet north of Roselawn Drive. The nearest single-family residential structures to the south and southeast are approximately 345-feet and 378-feet as measured from the bowl of the proposed tank to the northwest corner of the face of each structure. 2.That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The DRC does not believe thatgrantingthe SUP would significantly impede the normal and orderly development of the surrounding vacant property. The proposed basic utilityis located in an area which is predominately undeveloped. This request is consistent with the Denton Plan and its future land usedesignation. 3.That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The proposed basic utilityis located in an area that is predominatelyundeveloped. Adequate utilities, access roads, drainage and other necessary supporting facilities have been assessed by the DRC and have been deemed adequate to support the proposeduse. 4.The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; The DRC has reviewed proposed vehicular and pedestrian traffic generated from the use and has determined that the basic utility will not have an adverse affect on the general public or adjacent developments. According to the applicant, the proposed use will generate minimal traffic.Access will occur north from Roselawn Drive through Roselawn Circle. Perimeter paving is not anticipated along the section of Roselawn Circle accessed.The City has no plans to pave or develop Roselawn Circle asapublic access road. One to two employees will be present for routine maintenance during the proposed hours of operation between 7:00 AM and 6:00 PM. No permanent structuresare proposedoutside of the elevated storage tank. The applicant has met the required parking standards as outlined inDDC Subchapter 14, Parking Standards. Based on the proposed development described in t 10) the proposed development will require threeparking spaces. Thesethreeparking spaces will be located in front of the tower. 5.That adequate nuisance preventionmeasures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Dust, noise and vibration may occurduring the constructionof the basic utility.However, dust, noise and any vibration associated withthe constructionof theproposed developmentwill stop once utility construction is completed.Mitigation for any nuisances created during construction will meet all requirements of the DDC and Criteria Manuals. 6.That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and All lighting will meet the light and glare performance requirements per Subchapter 35.13.12 of the DDC.Directional lighting is not proposed for the sitebeyond one red aerial direction lightat the top of the tank which will allow aircraft to recognize a structure is present.Some security lighting will be present at the tank over an equipment door so that staff can see the entrance if maintenance is required at night time. 7.That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. Abasic utilityis exempt from landscaping and tree preservation requirements of the DDC per Section 35.13.7.2.a. However, the applicant has committed to preserving approximately 50% of the trees present on the 2.5367acre site. Buffering and screening is not necessary due to the undeveloped tracts of land (approximately 242 acres)to the north, east and west. Preserved trees and shrubbery will buffer the three single-family detached residences south and southwest of the site(See Exhibit 2: Proposed Site Plan).The proposed site plan is not binding. Complete screening of the elevated water storage tower would prove difficult due to it proposed elevation of approximately 145 feet. CONDITIONS OF 1.ThisSpecific Use Permit shall be limited totheapproximately APPROVAL:145-feet tall, 2.5 to 3.0million gallons (MG)elevated water storage tankwithin the 2.5367acre parcel as described in the application. No otherstructures, habitable or uninhabitable shall be constructed or erectedon the sitewithout amending the Specific Use Permit. 2.Approval of this Specific Use Permitshall be for the applicant only, City of Denton,Water Utilities or their successors. 3.The SpecificUse Permit shallnotexpire until the elevated water tower is deemed unnecessary and is no longer pertinent to the deliveryof efficient potable waterservicewithin the 4.Routine maintenance of the utility shalloccur betweenthe hours of7:00 AM and 6:00 PM,Monday through Friday. NOTE: Approval of this Specific Use Permitshall not constitute a waiver or a variance from any applicable development regulation unless specifically noted in the conditions of approval and consistent with the DDC. NOTE: All conditions of approval, unless otherwise specified, shall be met prior to the effectiveness and validity of the Specific Use Permitapproval. NOTE: All written commitments made in the application and subsequent submissions ofinformation made during the application review process, which are on file with the Planning and Development Division, shall be considered to be binding upon the applicant, provided such commitments are not at variance with the Denton Plan,Denton Development Codeor other development regulations in effect at the time of development. EXHIBIT 2 LOCATION MAP Subject Site EXHIBIT 3 ZONING MAP Subject Site EXHIBIT 4 FUTURE LAND USE MAP Subject Site EXHIBIT 5 DENIA NEIGHBORHOOD SMALL AREA PLAN BOUNDARY MAP EXHIBIT 6 NOTIFICATION INFORMATION íÈÛÑÔÚ ïÎÉÔ×ÔÚÜÉÔÎÏ ùÜÉØ ôÏ îÍÍÎÊÔÉÔÎÏ ôÏ ÷ÜÇÎË ïØÈÉËÜÑ EXHIBIT 7 RESPONSES TO NOTIFICATION EXHIBIT 9 SITE PHOTOS Northwest towards proposed tower location South from proposed tower location North from Roselawn Circle Northeast from Roselawn Circle Northwest fromRoselawn Circle EXHIBIT 10 LETTER FROM APPLICANT EXHIBIT A LEGAL DESCRIPTION 11/17/2008 ROSELAWN ELEVATED STORAGE TANK S08-0006 November 13, 2008 –Denia Area Community Group Meeting PURPOSE THECITYOFDENTONWATERUTILITIESSOUGHT APPROVALOFASPECIFICUSEPERMIT(SUP)ATCITY APPROVALOFASPECIFICUSEPERMIT(SUP)ATCITY COUNCILONNOVEMBER4,2008TOALLOWTHE CONSTRUCTIONOFABASICUTILITY(ELEVATEDWATER STORAGETANK)ONPROPERTYWITHINANEIGHBORHOOD RESIDENTIAL4(NR-4)ZONINGDISTRICT.AFTER RECEIVINGAREQUESTFORANADDITIONALPUBLIC MEETINGFROMTHEDENIAAREACOMMUNITYGROUP, COUNCILVOTEDTOCONTINUECONSIDERATIONOFTHE SUPUNTILDECEMBER2,2008SOTHATSTAFFCOULD MEETWITHTHENEIGHBORHOODGROUP. 1 11/17/2008 BACKGROUND VARIOUSSTUDIESCONDUCTEDONDISTRIBUTION • SYSTEMTHATINCLUDEDTANKSITINGINTHIS PRESSUREPLANEASFARBACKAS1974. CONSENSUSFINDINGOFLLSTUDIESSINCE1990HAS A BEENTHATTHISSITEISTHEPREFERREDLOCATION. MOSTRECENTSTUDY(COMPLETEDBYBIRKHOFF, • HENDRICKS&CONWAYIN2007)TOREFINELOCATION –SITEONHILLRECOMMENDEDONTHEBASISOF LOWESTOVERALLCOST,GREATESTCAPABILITYTO MEETEXISTINGSYSTEMNEEDSANDGROWTH,AND MEETEXISTINGSYSTEMNEEDSANDGROWTHAND LANDOWNERRECEPTIVITY. 2 11/17/2008 PROPOSEDTANKISLOCATEDINMIDDLEOR • CENTRALPRESSUREPLANE,THELARGESTOF FOURPRESSUREPLANESINTHECITY.THELAST TANKADDEDTOTHISPLANEWASCONSTRUCTEDIN 1969.PRESSUREPLANESAREZONESWITHINA DISTRIBUTIONSYSTEMWHEREACERTAINMINIMUM PRESSUREISMAINTAINED. ANELEVATEDSTORAGETANKFORTHISPRESSURE • PLANEHASBEENINTHECITY’SWATERCAPITAL IMPROVEMENTPROGRAM,WHICHISAPPROVED IMPROVEMENTPROGRAMWHICHISAPPROVED ANNUALLYWITHTHEOVERALLBUDGET,SINCE1991. IMPORTANCE 3 11/17/2008 ADDITIONALELEVATEDSTORAGEISNEEDEDINTHE • CITYTOMAINTAINSYSTEM’S“SUPERIORWATER RATING.”DRAFT2008WATERDISTRIBUTIONMASTER PLANSHOWSTHISPRESSUREPLANEISDEFICIENTIN ELEVATEDSTORAGECAPACITYPERTCEQMINIMUM CAPACITYSTANDARDS. HYDRAULICMODELCREATEDFORDRAFT2008WATER • DISTRIBUTIONMASTERPLANSHOWSTHATTHE PROPOSEDLOCATIONWORKSWELLFORELEVATED STORAGEFROMAHYDRAULICMODELING/OPERATIONS PERSPECTIVE,NOTONLYFOREXISTINGWATER PERSPECTIVENOTONLYFOREXISTINGWATER DEMANDCONDITIONSBUTALSOFORFUTUREWATER DEMANDSPROJECTEDOUTTHROUGHTHEYEAR2032. ASUPERIORWATERSYSTEMRATINGISIMPORTANT • ’ FORTHECOMMUNITYSIMAGEANDMARKETABILITY, FORTHECOMMUNITYSIMAGEANDMARKETABILITY, ASWELLASTHERATEPAYERS’CONFIDENCEINTHE UTILITY.MAINTAININGADEQUATEELEVATED STORAGEISALSOIMPORTANTINTHECITY’SFIRE INSURANCERATINGUNDERISO(INSURANCE SERVICESOFFICE,INC.),WHICHCANULTIMATELY AFFECTINSURANCERATESFORTHEOVERALL COMMUNITY. 4 11/17/2008 LOCATION PROPOSEDTANKISLOCATEDJUSTNORTHOF • ROSELAWNCIRCLE,APPROXIMATELY440-FEETNORTH OFROSELAWNDRIVE. THEGOALINLOCATINGANELEVATEDSTORAGETANK • ISTOHAVEITONTHEPERIPHERYOFTHEEXISTING POPULATIONCENTERS–CLOSEENOUGHINTOSERVE THEEXISTINGCOMMUNITYANDFARENOUGHOUTTO SUPPORTGROWTH. SITEONHILLCHOSENBECAUSEOFLOCATIONAND • SITEONHILLCHOSENBECAUSEOFLOCATIONAND ELEVATION. 5 11/17/2008 6 11/17/2008 INCONJUNCTIONWITHTHESITESTUDYANDIN • ORDERTOBETTERHELPWITHFINALSITE SELECTION,ASERIESOFRENDERINGSWERE , PREPARED. THEINTENTOFTHERENDERINGSWASTOASSIST • STAFF,PUBLICUTILITYBOARD,CITYCOUNCILAND THEPROPERTYOWNERBETTERVISUALIZETHESIZE ANDAESTHETICNATUREOFTHETANKINTHE3 LOCATIONSINCLUDEDINTHEMOSTRECENTSTUDY. 7 11/17/2008 8 11/17/2008 9 11/17/2008 LAYOUT 10 11/17/2008 TREES THEFOLLOWINGSLIDESWERETAKENONSITEIN • MAYANDOCTOBER2007ANDDEPICTTHE OVERGROWNNATUREOFTREESANDBRUSHON SITE. THESESITEVISITSINDICATEDTOSTAFFTHATTREE • SPECIESDIDNOTAPPEARTOBEPRIMARILYOAK ANDTHATTHEDENSITYOFTREESONSITEWAS SOMEWHATMISLEADING–GREATDEALOFBRUSH ANDUNDERGROWTHPRESENT. 11 11/17/2008 12 11/17/2008 THEFOLLOWINGSLIDESWERETAKENONSITEIN • DECEMBER2007ANDDEPICTSITECONDITIONS FOLLOWINGCLEARINGOFBRUSHANDGROWTH UNDER3”CALIPER. THETANKSITEWASORIGINALLYCONFIGUREDTO • BE3ACRESINSIZE. TREESWERETAGGEDANDSURVEYED.INTHE • INITIALSURVEY,428TREESWEREPICKEDUP,123OF WHICHWEREPOSTOAKS(ABOUT29%).OTHER TREESIDENTIFIEDINCLUDEDBLACKJACKOAKS, , MEXICANPLUMS,HACKBERRY,PEAR,CEDARELM, HONEYLOCUST,GUMBUMELIA,ANDREDCEDAR. 13 11/17/2008 FOLLOWINGSITESELECTION,LAYOUTSWERE • DEVELOPED. SITESIZEWASREFINEDTOAPPROXIMATELY2.5 • ACRES,ORABOUT1%OFTHEOVERALLTRAC. T SITEISCURRENTLYMAPPEDASUPLANDHABITAT. • TREEDAREASARECONSIDEREDTOBEQUALITY TREESTANDS(“THREEORMORECONTIGUOUS QUALITYTREESWHOSECANOPIESAREGENERALLY CLUSTEREDTOGETHERCREATINGACONTIGUOUS DRIPLINE”).SINCETREESARELOCATEDINA DRIPLINE)SINCETREESARELOCATEDINA QUALITYTREESTAND,THEYDONOTMEETTHE DEFINITIONOFA“PROTECTEDTREE”(GREATERTHAN 18”DBHANDNOTLOCATEDINAQUALITYTREE STAND). 14 11/17/2008 STAFFWASDIRECTEDTOTARGETTHEMOST • RESTRICTIVETREEPRESERVATIONSTANDARD RESTRICTIVETREEPRESERVATIONSTANDARD OFDDC35.17OF50%PRESERVATIONFOR RESIDENTIALDEVELOPMENTS. ATOTALOF3TREES18”ORLARGERWILLBE • REMOVEDBYTHEPROPOSEDSITEPLAN. 15 11/17/2008 MODEL ADDITIONALELEVATEDSTORAGEISNEEDEDINTHE • CITYTOMAINTAINSYSTEM’S“SUPERIORWATER RATING.”DRAFT2008WATERDISTRIBUTIONMASTER PLANSHOWSTHISPRESSUREPLANEISDEFICIENTIN ELEVATEDSTORAGECAPACITYPERTCEQMINIMUM CAPACITYSTANDARDS. HYDRAULICMODELCREATEDFORDRAFT2008WATER • DISTRIBUTIONMASTERPLANSHOWSTHATTHE PROPOSEDLOCATIONWORKSWELLFORELEVATED STORAGEFROMAHYDRAULICMODELING/OPERATIONS PERSPECTIVE,NOTONLYFOREXISTINGWATER PERSPECTIVENOTONLYFOREXISTINGWATER DEMANDCONDITIONSBUTALSOFORFUTUREWATER DEMANDSPROJECTEDOUTTHROUGHTHEYEAR2032. 16 11/17/2008 ROSELAWNELEVATEDSTORAGETANKISONEOFFOUR • WATERFACILITIES(TANKSAND/ORPUMPSTATIONS) PLANNEDTOBEADDEDINTHISPRESSUREPLANEAND PLANNEDTOBEADDEDINTHISPRESSUREPLANEAND ONEOFFOURELEVATEDTANKSTOBEADDEDINSOUTH ANDSOUTHWESTDENTONINTHECOMINGYEARS. 17 11/17/2008 CONSISTENCY CITYCOUNCILRESOLUTIONR2001-271ADOPTED • THEDENIANEIGHBORHOODSMALLAREAPLAN, ENCOMPASSINGANAREABOUNDEDBYIH35EON THENORTH,FORTWORTHDRIVEONTHEEAST, BONNIEBRAEONTHEWESTANDROSELAWNDRIVE ONTHESOUTH,ONDECEMBER4,2001. THEEXISTINGPROPERTYINQUESTIONWAS • AGRICULTURALINUSEANDZONINGPRIORTOTHE ADOPTIONOFTHISPLAN.THEDENIASMALLAREA PLANDEPICTEDTHEFUTURELANDUSEAS PLANDEPICTEDTHEFUTURELANDUSEAS NEIGHBORHOODCENTERANDTHEFUTUREZONING OFTHESITEINQUESTIONASNR-4. 18 11/17/2008 THESMALLAREAPLANSTATESTHAT • NEIGHBORHOODRESIDENTS“IDENTIFIEDBONNIE BRAEANDROSELAWNDRIVEASAREASWHERE BRAEANDROSELAWNDRIVEASAREASWHERE THEYWOULDLIKETOSEEFUTURECOMMERCIAL ANDRESIDENTIALDEVELOPMENTTAKEPLACE”AND THAT“THROUGHOUTTHEPLANNINGPROCESS, DENIARESIDENTSEXPRESSEDTHEIRDESIRETO ATTRACTQUALITYSINGLE-FAMILYRESIDENTIAL DEVELOPMENTTOTHENEIGHBORHOOD.” 19 11/17/2008 CURRENTZONINGISCONSISTENTWITHTHEDENIA • SMALLAREAPLAN.ANTICIPATEDFUTURELANDUSE OFOVERALLPROPERTYISCONSISTENTWITHTHE DENIASMALLAREAPLAN. PUBLICINPUTONZONINGCASESOFTHISNATURE • PROVIDEDFORINTHEPUBLICHEARINGPROCESSAT PLANNINGANDZONINGCOMMISSION(P&Z)ANDCITY COUNCIL. ACHIEVEMENTOFTHERESIDENTS’EXPRESSED • GOALSFROMTHESMALLAREAPLANWILLNOTBE GOALSFROMTHESMALLAREAPLANWILLNOTBE POSSIBLEWITHOUTANADEQUATEPUBLICWATER SUPPLY. 20 11/17/2008 CURRENT ZONING MAP COMMUNICATIONS 21 11/17/2008 WATERUTILITYSTAFFINVITEDTOSPEAKABOUTTHE • PROPOSEDTANKTODENIAAREACOMMUNITYGROUPIN EARLYSPRING2002.ATTENDEESWERENOTRECEPTIVE TOTANKLOCATION,ANDTHISINFORMATIONWAS COMMUNICATEDTOMANAGEMENTANDABOVEBY COMMUNICATEDTOMANAGEMENTANDABOVEBY STAFF. ENGINEERINGSTAFFMETWITHAFFECTEDPROPERTY • OWNERSINNEIGHBORHOODTOTALKABOUTWATER LINEROUTEANDTREESONMARCH28,2007.THETANK WASNOTSPECIFICALLYDISCUSSED. MAY14,2007–LEGALISSUESDISCUSSEDINCLOSED • SESSIONOFPUB.NEIGHBORHOODPOSITION CONVEYEDBYSTAFF. JUNE5,2007–LEGALISSUESDISCUSSEDINCLOSED • SESSIONOFCITYCOUNCIL.NEIGHBORHOODPOSITION CONVEYEDBYSTAFF. ENGINEERINGSTAFFINVITEDTOSPEAKBOUTTHE • A PROPOSEDTANKANDTHEWATERLINEATTHEDENIA AREACOMMUNITYGROUPMEETINGONNOVEMBER26, 2007.THREECOUNCILMEMBERSWEREINATTENDANCE INOBSERVATIONCAPACITYONLY(NOTAPOSTED MEETING). ENGINEERINGSTAFFMETWITHREPRESENTATIVES • •ENGINEERINGSTAFFMETWITHREPRESENTATIVES FROMDENIAAREACOMMUNITYGROUPONNOVEMBER 30,2007. 22 11/17/2008 APRIL14,2008–LEGALISSUESDISCUSSEDINCLOSED • SESSIONOFPUB.NEIGHBORHOODPOSITIONCONVEYED BYSTAFF. MAY6,2008–LEGALISSUESDISCUSSEDINCLOSED • SESSIONOFCITYCOUNCIL.NEIGHBORHOODPOSITION CONVEYEDBYSTAFF. INADDITIONTOALLOFTHEABOVEINTERACTIONSAND • COMMUNICATIONS,ANUMBEROFNEWSPAPERARTICLES HAVEBEENWRITTEN,TELEVISIONSTORIESHAVEAIRED, ANDCORRESPONDENCE(E-MAILANDLETTERS)FROM ANDCORRESPONDENCE(EMAILANDLETTERS)FROM RESIDENTSTOCITYCOUNCILANDOTHERSHAVEBEEN SENTOUT.THEPOSITIONOFTHENEIGHBORHOODHAS BEENCOMMUNICATED. PROPERTY VALUES 23 11/17/2008 ONEOFTHECONCERNSEXPRESSEDHASBEENHOWA • TANKOFTHISSORTWILLDAMAGEORDECREASE SURROUNDINGPROPERTYVALUES.THECITYHADAN APPRAISALPERFORMEDONTHEPROPERTYIN CONJUNCTIONWITHITSNEGOTIATIONSWITHTHE PROPERTYOWNER.THEAPPRAISERWASUNABLETO DISCERNAMAJORDIFFERENCEINVALUEBETWEEN FUTURELOTSADJACENTTOTANKTRACTANDTHOSE MOREREMOVEDFROMTRACT. THEFOLLOWINGSLIDESSHOWELEVATEDTANKS • LOCATEDINSURROUNDINGCOMMUNITIESINCLOSE LOCATEDINSURROUNDINGCOMMUNITIESINCLOSE PROXIMITYTOHOUSESRANGINGINVALUEFROMTHE MIDDLE$100,000’STOALMOST$350,000. BRIARHILL ESTATES –HIGHLAND VILLAGE 24 11/17/2008 CARRIAGE HILL – PLANO SAVANNAH AT CROSSROADS 25 11/17/2008 WENTWORTH ESTATES –PLANO SUNSET POINT – LITTLE ELM 26 11/17/2008 OPTIONS CURRENTSITEISTHEONLYLOTONTHEPROPERTY • OWNER’SPARENTTRACTTHATTHEYAREWILLINGTO SELLTOTHECITY.REMAINDEROFTRACTIS ANTICIPATEDTOBEDEVELOPEDASSINGLEFAMILY (CONSISTENTWITHSMALLAREAPLAN). MOVINGTANKATTHISPOINTWILLLIKELYCAUSE • CAPITALEXPENDITURESTORISEUPWARDSOF$750,000 BECAUSEOFINCREASEDSTRUCTURALCOSTSAND STRANDEDASSETS(VALVESALREADYINPLACE). PROFESSIONALFEESANDSTAFFTIMEALREADY EXPENDEDWILLBELOST.UNKNOWNCOSTSIN EXPENDEDWILLBELOSTUNKNOWNCOSTSIN DEVELOPINGANOTHERSITEANDEXTENDING SUPPORTINGINFRASTRUCTURETOITCOULDCAUSE COSTSTOINCREASESIGNIFICANTLYMORE. 27 11/17/2008 MOVINGTANKATTHISPOINTWOULDALSOCAUSEUP • TOATLEASTATWOYEARDELAYINTANK TOATLEASTATWOYEARDELAYINTANK CONSTRUCTION,ALMOSTCERTAINLYAFFECTINGTHE CITY’SWATERRATINGANDABILITYTOCONTINUE ISSUINGPLATSTOPROPERTIESINSOUTHWEST DENTON.AONEMONTHDELAYINAPPROVALOFTHE SUPCOULDCAUSETANKCONSTRUCTIONTOEXTEND OVERTWOSUMMERS(PERIODSOFHIGHDEMAND). SUMMARY 28 11/17/2008 ASUPERIORWATERSYSTEMRATINGISIMPORTANT • FORTHECOMMUNITY’SIMAGEANDMARKETABILITY,AS WELLASTHERATEPAYERS’CONFIDENCEINTHE UTILITY.MAINTAININGADEQUATEELEVATEDSTORAGE ISALSOIMPORTANTINTHECITY’SFIREINSURANCE RATING. STAFFANTICIPATESTANKCONSTRUCTIONTOTAKE • FROM15TO18MONTHS.INORDERTOPREVENT CONSTRUCTIONFROMSTRETCHINGOVER2SUMMERS, STAFFISTARGETINGCONSTRUCTIONSTART-UPIN FEBRUARY2009. FEBRUARY2009 TREEPRESERVATIONGOALSCONFORMTOMOST • STRINGENTLEVELSSETFORTHINCODE. SUPAPPROVALISDESIREDTOKEEPTHISSCHEDULE • ONTRACK.P&ZRECOMMENDEDAPPROVALOFSUP(7- 0)ATOCTOBER22,2008MEETING. PUBLICUTILITYBOARDRECOMMENDEDAPPROVALOF • PROPERTYPURCHASE(5-0)ATNOVEMBER10,2008 MEETING. APPROVALWILLBESOUGHTFORSUPATCITY • COUNCILMEETINGONDECEMBER2,2008(PUBLIC HEARINGOPENFORPUBLICCOMMENT),ALONGWITH ), THEPROPERTYPURCHASE.BIDSARESCHEDULEDTO BEOPENEDONTHETANKONDECEMBER16,2008. 29 11/17/2008 QUESTIONS? 30 AGENDA INFORMATION SHEET AGENDA DATE: December 2, 2008 DEPARTMENT: Water Utilities ACM: Howard Martin, Utilities 349-8232 ______________________________________________________________________________ SUBJECT Consider recommending approval of an ordinance authorizing the City Manager or his designee to execute a real estate contract by and between the City of Denton, Texas and Rayzor Investments, Ltd. and any other documents and conveyances that are necessary to acquire an approximate 2.5367 acre tract of real property in the Asa Hickman Survey, Abstract Number 521, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. (Roselawn Area Water Tank) The Public Utilities Board recommends approval (4-0). BACKGROUND Over the course of the last few years, staff and design consultants have focused their efforts on carrying out the site selection, design and construction considerations for the establishment of a necessary overhead water storage tank in the southwest quadrant of the City. In the fall of 2005, staff commissioned Birkhoff, Hendricks & Conway, L.L.P. to perform a site evaluation study for the proposed tank. The study assessed three (3) potential sites based on vertical datum elevation, location, accessibility, connectivity to the water distribution system and environmental considerations. The subject purchase tract was identified as the most optimal water storage tank site within the identified criteria and parameters. During that same span of time, staff has also been actively engaged with Rayzor Investments, Ltd., that dialogue being centered on a potential tank site purchase from them, with all of the considerations that are brought to bear with such an undertaking. The Rayzor family has a long-standing history of supporting the Denton community in public works projects and endorses the establishment of the water storage facility on the subject 2.5367 acre purchase tract, a subdivision of their overall 241.7418 acre parent tract. OPTIONS 1.Recommend that the City Council approve the proposed Contract. 2.Not recommend that the City Council approve the proposed Contract. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Contract. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Public Utility Board: May 14, 2007; May 6, 2008 Planning and Zoning Commission: October 22, 2008 (Specific Use Permit) City Council: June 5, 2007; May 6, 2008; November 4, 2008 (Specific Use Permit) The Public Utilities Board discussed this item at their November 10, 2008 regular meeting. The Board recommends approval (4-0). FISCAL INFORMATION Purchase price $140,000, closing costs are estimated to be $4,000. BID INFORMATION None EXHIBITS 1.Location Map 2.Ordinance 3.Contract 4.PUB Meeting Minutes Respectfully submitted, Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by, Paul Williamson Real Estate Manager Water Administration ORDINANCE NO. 2008-________ AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A REAL ESTATE CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND RAYZOR INVESTMENTS, LTD., AND ANY OTHER DOCUMENTS AND CONVEYANCES THAT ARE NECESSARY TO ACQUIRE AN APPROXIMATE 2.5367 ACRE TRACT OF REAL PROPERTY IN THE ASA HICKMAN SURVEY, ABSTRACT NUMBER 521, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (ROSELAWN AREA WATER TANK) THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute a Real Estate Contract by and between the City of Denton, Texas, as Purchaser and Rayzor Investments, Ltd., as Seller, substantially in the form that is attached hereto and made a part hereof as Exhibit “A” (the “Contract”); the City Manager is hereby authorized to expend the funds pursuant to said Agreement; together with any other documents necessary for the acquisition of an approximate 2.5367 acre tract of land, as described in the caption above. The land is being acquired for municipal utility purposes. SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ______ day of ________________ , 2008. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3November 10, 2008 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Vice Chair of the Public Utilities Board thereafter convened into an Open Meeting 7on Monday, November 10, 2008 at 9:00 a.m. in the Service Center Training Room, City of 8Denton Service Center, 901-A Texas Street, Denton, Texas. 9 Present 10: Vice Chair Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson and Bill 11Grubbs (arrived at 9:16 a.m.) 12 13 Ex Officio Members: 14 George C. Campbell, City Manager 15 Howard Martin, ACM Utilities 16 Absent 17: Chair Charldean Newell and John Baines, both excused 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 22The Public Utilities Board has received background information, staff’s recommendations, and 23has had an opportunity to raise questions regarding these items prior to consideration. 24 254)Consider recommending approval of an ordinance authorizing the City Manager or his 26designee to execute a real estate contract by and between the City of Denton, Texas and 27Rayzor Investments, Ltd. and any other documents and conveyances that are necessary to 28acquire an approximate 2.5367 acre tract of real property in the Asa Hickman Survey, 29Abstract Number 521, City of Denton, Denton County, Texas; authorizing the expenditure of 30funds therefore; and providing an effective date. (Roselawn Area Water Tank) 31 Board Member Randy Robinson moved to approve Item 4 with a second from Board 32 Member Phil Gallivan. The motion was approved by a 4-0 vote. 33 34 35 The meeting was adjourned by consensus at 9:45 a.m. 36 AGENDA INFORMATION SHEET AGENDA DATE: December 2, 2008 DEPARTMENT: Electric ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of ann ordinance of the Council of the City of Denton, Texas approving and adopting the “Greensense Energy Efficiency Rebate Program” (Schedule GRP), which replaces and cancels in its entirety the “Energy Save Program” (Schedule EP); and which “Greensense Energy Efficiency Rebate Program” also amends and revises the provisions of the “Distributed Generation for Renewable Sources” Rider (Schedule DGR) regarding the rates that were previously contained in Ordinance No. 2008-211 which became effective on October 1, 2008; all rates contained in that ordinance otherwise shall remain in full force and effect; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (5-0). BACKGROUND Staff has reviewed the existing demand management rate and has made revisions to reflect modern technology and made it more comparable with similar incentives provided by other electric providers in Texas. By making this new rebate program available to new construction as well as Denton Municipal Electric’s (DME) existing customers, the GreenSense Energy Efficiency Rebate Program will increase the reduction of future capacity requirements of Denton, heighten awareness of energy conservation, and encourage better use by ratepayers of generating capacity during peak periods. Guidance from the Committee on the Environment included helping to stimulate the growth of photovoltaic applications in Denton. Schedule GRP authorizes the GreenSense Energy Efficiency Program and refers to the Program Manual for details and guidelines on how to qualify for the each energy efficient incentive. This manual shall be evaluated periodically and adjusted to meet the goals of the City. Schedule DGR is being modified to raise the maximum allowable interconnected generating system powered by a renewable source from 3 kW to 10 kW. The revised rate also credits the customer at the renewable energy rate for any energy that is delivered by the interconnected generating system to the DME electric system. OPTIONS 1.Approve the GreenSense Energy Efficiency Rebate Program (Schedule GRP) and the revisions to the Distributed Generation from Renewable Source Rider (Schedule DGR). 2.Disapprove the GreenSense Energy Efficiency Rebate Program (Schedule GRP) and the revisions to the Distributed Generation from Renewable Source Rider (Schedule DGR). 3.Offer further guidance to the proposed Schedule GRP and Schedule DGR. RECOMMENDATION Staff recommends approval of the GreenSense Energy Efficiency Rebate Program (Schedule GRP) and the revisions to the Distributed Generation from Renewable Source Rider (Schedule DWG). PRIOR ACTION/REVIEW (Council, Boards, Commissions) On June 2, 2008 the City’s Committee on the Environment was given a presentation regarding the advantages and disadvantages of solar power and the possibility of incentives for photovoltaic installations. The Public Utilities Board also received this presentation in its information packets for the June 2 meeting. On October 10, 2008 the Committee on the Environment was given a presentation outlining a potential rebate program, which included incentives for photovoltaic installations. The Public Utilities Board discussed this item at their November 10, 2008 regular meeting. The Board recommends approval (5-0). FISCAL INFORMATON The proposed GreenSense Energy Efficiency Rebate Program will be funded from the existing budget for the EnergySave Program, which will be replaced by the new program. The current budget amount is $180,000 for the current FY. BID INFORMATION Not applicable. EXHIBITS 1.Distributed Generation From Renewable Sources (Schedule DGR) 2.GreenSense Energy Efficiency Rebate Program (Schedule GRP) 3.GreenSense Energy Efficiency Program Manual 4.Ordinance 5.PUB Minutes Respectfully submitted: Phil Williams General Manager of Electric Utilities Denton Municipal Electric Prepared by: William A. Bunselmeyer Key Accounts Executive Denton Municipal Electric SCHEDULE DGR DISTRIBUTED GENERATION FROM RENEWABLE SOURCES RIDER (Effective 01/01/09) APPLICATION This Rider is available to any retail customer receiving electric service under a DME residential electric rate schedule who owns and operates an on-site generating system powered by a renewable resource capable of producing not more than ten (10) kW of power, and who interconnects with the DME electric system. Renewable energy technology is any technology that exclusively relies on an energy source that is naturally regenerated over a short time and derived directly or indirectly from the sun or wind. A renewable energy technology does not rely on energy resources derived from fossil fuels, waste products from fossil fuels, or waste products from inorganic sources. This Rider applies to a Customer-owned generating system that primarily offsets part or all of the Customer’s electric service provided by DME. CONDITIONS OF SERVICE All charges, character of service, and terms and conditions of the electric rate schedule under which the Customer receives service shall apply except as expressly altered by this Rider. The Customer shall comply with the current DME technical requirements for distributed generation interconnection. The Customer shall obtain approval from DME before the Customer energizes the customer’s on-site generating system or interconnects it with the DME electric system. The Customer shall submit to DME a completed interconnection application form and signed Standard Agreement for Interconnection and Parallel Operation of Distributed Generation Agreement. The minimum term of an Agreement under this Rider is one year, extended automatically unless terminated by either party with sixty days advance written notice The Customer is responsible for the costs of interconnecting with the DME electric system, including transformers, service lines, or other equipment determined necessary by DME for safe installation and operation of the Customer’s equipment with the City’s system. The Customer is responsible for any costs associated with required inspections and permits. METERING Metering under this Rider shall be performed by a single meter capable of registering the flow of electricity in two directions (delivered and received) to determine the Customer’s net energy flow. RATE Beginning in a billing period after a Customer receives approval to interconnect the Customer’s on-site generating system from the City of Denton; all energy generated by the Customer’s system and delivered to the DME electric system will be considered renewable energy. The Customer shall be billed for all energy delivered by DME to the Customer under the approved residential rates. For any generation delivered by the Customer’s system to the DME system up to the amount of energy delivered by DME to the Customer, the City shall credit the Customer’s account for the energy generated as follows: Generation Credit = (kWh delivered from the Customer’s approved system) x RG rate (see Schedule RG) For all energy delivered by the Customer’s system to the DME system that exceeds the amount of energy delivered by DME to the Customer, the City shall credit the Customer’s account for the energy generated as follows: Excess Generation Credit = (kWh delivered from the Customer’s system) x RCA rate (see Schedule RCA). Any Billing Period Credit shall be applied to the utility charges due from the Customer to the City of Denton for the billing period. INDEMNIFICATION The Customer operating the renewable distributed generation system indemnifies DME and holds DME harmless for all damages and injuries to DME, the Customer, or others arising out of Customer’s use, ownership or operation of Customer’s distributed generation facilities in parallel with DME’s system. Customer is solely responsible for providing adequate protection for operating in parallel with DME’s system in such a manner that faults or other disturbances on the DME system do not cause damage to the Customer’s distributed generation equipment. SCHEDULE GRP GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM (Effective 01/01/09) PROGRAM SUMMARY The objective of the GreenSense Energy Efficiency Rebate Program (“Program”) is to reduce energy demand and consumption by promoting energy conservation, thereby reducing the utility bills of Denton Municipal Electric (DME) customers, reducing the peak load of the DME’s electric system, reducing emissions in the state, and promoting energy conservation. The Program offers incentives, in the form of rebates on the electric service bills of DME retail customers and cash incentives to builders. Cash incentives may be paid to residential retail customers for the installation of photovoltaic applications. Program applicants will be able to qualify for multiple incentives simultaneously. A separate application may be necessary for each incentive. The Program will be in effect each fiscal year beginning on October 1, until the allotted funding is depleted or until cancellation of the program by DME. At the time the funds are depleted, no additional applications for participation will be accepted until the next fiscal year. Qualifying applicants must receive electric service from DME. The Program guidelines and payments are subject to change by DME without prior notice. DME may, at any time, discontinue the Program without prior notice. The current program guidelines may be found in the GreenSense Energy Efficiency Rebate Program Manual located at www.dmepower.com. Ü»²¬±² Ó«²·½·°¿´ Û´»½¬®·½ Ù®»»²Í»²»Û²»®¹§ Ûºº·½·»²½§Î»¾¿¬» Ю±¹®¿³Ó¿²«¿´ Ò±ª»³¾»®íôîððè GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL PROGRAM SUMMARY The objective of the GreenSense Energy Efficiency Rebate Program (“Program”) is to reduce energy demand and consumption by promoting energy conservation, thereby reducing the utility bills of Denton Municipal Electric (DME) customers, reducing the peak load of the DME’s electric system, reducing emissions in the state, and promoting energy conservation. The Program offers incentives, in the form of rebates on the electric service bills of DME retail customers and cash incentives to builders. The Program applicants will be able to qualify for multiple incentives simultaneously. The Program will be in effect each fiscal year beginning on October 1, until the allotted funding is depleted or until program cancellation by DME. PROVIDED HOWEVER, for the remaining portion of FY 2008-2009 only, the Program will commence and will be effective on January 1, 2009 and continue through September 30, 2009. At the time the funds are depleted, no additional applications for participation will be accepted until the next fiscal year. All applicable forms may be accessed at www.dmepower.com. To qualify for the incentives, applicants must receive electric service from DME. Program guidelines and payments are subject to change by DME without prior notice. DME may, at any time, discontinue the Program or any of its parts without prior notice. QUALIFICATION REQUIREMENT – RESIDENTIAL AND SMALL COMMERCIAL Installers The installer that installs the prescribed and approved energy efficient upgrades must be registered as a DME Authorized Installer at the time of the installation. To become a registered Program installer, submit a GreenSense Rebate Program Installer Form to the Program Manager. Application for Payment In order for energy efficient upgrades to qualify under the Program Guidelines, an Application for Payment form must be completed and sent to DME within thirty (30) days of installation of the energy efficient upgrades. For the overall effects of the energy efficiency upgrades to be measurable and verifiable through the deemed standards approved by the Public Utility Commission of Texas (PUCT), the complete information must be recorded for each installation. Applications for Payment, which must be accompanied by a copy of the invoice detailing work completed and efficiency measures installed as well as any technical data on the installed energy efficient upgrade, must be complete and submitted to the Program Manager. î¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Inspection HVAC equipment, photovoltaic (PV) installations, and other energy efficiency upgrades may require permits and must be installed in accordance with the City of Denton’s adopted codes. Inspections for all installations requiring permits must be arranged through the City of Denton Building Inspection Division at 940-349-8360. PV installations must meet all City adopted codes and must be in accordance with the DME Interconnection Agreement. An on-site inspection by the Building Inspection Division and DME will be required before any interconnection shall be made. A pre-installation inspection (pre-inspection) and/or a post-installation inspection (post-inspection) by DME may be required on some rebates. Please check rebate guidelines for details. All submissions are subject to lawful verification of identification and entitlement to the GreenSense Rebate Program credit by Denton Municipal Electric. Payment All HVAC installations must be permitted and shall be inspected and approved by the City’s Building Inspection division, before rebates will be processed. PV installations require additional inspections by DME. Incentives shall be in the form of a rebate credit to the electric utility accounts of DME customers that purchase the qualifying energy efficiency upgrades. After submitting a Request for Payment, customers can expect to receive the rebate credit in 4 to 6 weeks. Incomplete or erroneous information can cause delays in payment. Registered Installer/Contractor Lists DME does not endorse any product, service, individual or company. Selection of a registered installer/contractor to perform work is the sole decision of the program participant. Any list of registered installers/contractors represents those companies who have registered themselves with DME. There is no work guarantee or warranty, expressed or implied, as to the quality, cost or effectiveness of the work performed by the contractor, employees or subcontractors. QUALIFICATION REQUIREMENT – INDUSTRIAL AND LARGE COMMERCIAL Contact Program Manager for qualification requirements. Contact Information All correspondence and applications for the program should be directed to: DME GreenSense Program Program Manager 1659 Spencer Road Denton, Texas 76205 í¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Table of Contents Residential & Small Commercial Retrofit Only Heating and Air Conditioning…………..………. 5 Attic Reflective Radiant Barrier………………… 6 Solar Screens……………………………………. 7 Energy Efficient Windows……………………… 8 Solar Water Heaters…………………………….. 9 Interconnected PV Systems…..………………… 10 Attic/Ceiling Insulation ………………………… 11 Programmable Thermostat……………………… 12 New Construction Only Heating and Air Conditioning.………………… 13 Attic Reflective Radiant Barrier……………….. 14 Solar Screens…………………………………… 15 Energy Efficient Windows……………………... 16 Solar Water Heaters……………………………. 17 Interconnected PV Systems……………………. 18 Attic/Ceiling Insulation ……………………….. 19 Programmable Thermostat…………………….. 20 Large Commercial & Industrial Standard Offer Program Up to 100 kW reduction ………………………. 21 More than 100 kW reduction …………………. 23 ì¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL HVAC Rebate (Retrofit Only) DME is offering a rebate for the purchase and installation of high-efficiency air conditioners or heat pumps for existing residential or commercial facilities. Rebate Guidelines Rebate is designed for residential and small commercial customers. DME does not compensate the installer for the equipment installation or for processing the necessary paperwork. Applicable only for retrofits. Applicants must be a home or rental property owner. Installations of central air-conditioning systems must be permitted, inspected and approved by the City’s Building Inspection Department before rebates will be processed. All submissions are subject to lawful verification of identification and entitlement to the Program credit by Denton Municipal Electric. Credits will be made to the electric utility accounts of DME customers that purchase the qualified replacement equipment. The amount of a credit or cash payment shall be based on the payment schedule shown below. To qualify for the equipment incentive, the equipment must have a minimum of 16 SEER rating and must be new when installed. All equipment must be purchased. No leased or lease/purchase equipment will qualify for a cash or billing rebate. Installations must be made by licensed contractors who are registered as an authorized DME GreenSense Authorized Installer at the time of the installation. No rebate will be paid on a partial replacement of an air conditioner. Both the condensing unit and the evaporator coil must be replaced to qualify for a rebate. Requests for payment must be received by DME within thirty (30) days of installation. All installations must be for accounts served by DME and must meet all applicable national, local, and manufacturers’ codes and specifications. Funding for this rebate is limited to funds availability. Attach an itemized and dated invoice from the contractor or retailer along with application form. Program guidelines and payments are subject to change by DME without prior notice. DME may discontinue the Program without prior notice. Payment Schedule Central Air Conditioning 16.0 + $600/unit Central Heat Pumps 16.0 + $700/unit Geothermal Heat Pump 16.0 + $700/unit ë¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Attic Reflective Radiant Barrier Rebates (retrofit only) DME is offering a rebate up to $300.00 per structure for the installation of a reflective radiant barrier in accessible attic space on existing structures. Acceptable materials shall provide maximum reflection of thermal radiation and heat resistance, including paint coatings, aluminum foils and thermal shields specifically designed for use in buildings and homes as attic radiant barriers. Rebate Guidelines Radiant Barrier: over 90 percent reflectivity - $300.00 per structure up to 90 percent reflectivity - $200.00 per structure Rebate is designed for residential and small commercial customers. Applicable only for retrofits. Applicants must be a home or rental property owner. Partial applications will not qualify for the rebate. Structures will only qualify for this rebate once per 12-month period. A pre-inspection and post-inspection by DME may be required. Qualifying structures can be residential, commercial, or multi-family, but must be heated and cooled. Attach an itemized and dated invoice from the contractor or retailer (include reflective radiant barrier manufacturer, type, reflectivity, and square feet) along with your application form. Requests for payment must be received by DME within thirty (30) days of installation. Credits will be made to the electric utility accounts of DME customers that purchase the qualified radiant barrier. All installations must be for accounts served by DME and must meet all applicable national, local, and manufacturers’ codes and specifications. Funding for this rebate is limited to funds availability. Program guidelines and payments are subject to change by DME without prior notice. DME may discontinue the Program without prior notice. All correspondence and applications for the incentive should be directed to: DME GreenSense Program Program Manager 1659 Spencer Road Denton, Texas 76205 ê¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Solar Screen Rebates (retrofit only) DME is offering a rebate of 30 percent of invoice up to $200.00 for the installation of solar screens on existing windows. Rebate Guidelines Solar screen rebate: 30 percent of invoice up to $200.00 per structure. Rebate is designed for residential and small commercial customers. Solar screens must be installed on a conditioned space. Applicants must be a home or rental property owner. Applicable only for retrofits. Structures will only qualify for this rebate once per 12-month period. A pre-inspection and post-inspection by DME may be required. Solar screens must block at least 90 percent of the solar heat gain. Contractor's data on reflectivity of window screens must be included with the application along with the contractor's installation receipt itemizing total area and product identifiers and performance rating specifications. Attach an itemized and dated invoice from the contractor or retailer along with the application form. Requests for payment must be received by DME within thirty (30) days of installation. Credits will be made to the electric utility accounts of DME customers that purchase the qualified replacement equipment. All installations must be for accounts served by DME and must meet all applicable national, local, and manufacturers’ codes and specifications. Funding for this rebate is limited to funds availability. Program guidelines and payments are subject to change by DME without prior notice. DME may discontinue the Program without prior notice. All correspondence and applications for the incentive should be directed to: DME GreenSense Program Program Manager 1659 Spencer Road Denton, Texas 76205 é¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Energy Efficient Window Rebates (retrofit only) DME is offering a rebate of 30 percent of invoice amount up to $500.00 for the purchase and installation of energy efficient windows. Rebate Guidelines: Energy efficient windows: 30 percent of invoice up to $500.00 per structure. Rebate is designed for residential and small commercial customers. Applicants must be a home or rental property owner. Applicable only for retrofits. Structures will only qualify for this rebate once per 12-month period. A pre-inspection and post-inspection by DME may be required. Windows must be new when installed. Must have a U-factor of 0.29 or less with a Solar Heat Gain Coefficient (SHGC) of 0.33 or less. Funding for this rebate is limited to funds availability. Attach an itemized and dated invoice from the contractor or retailer (include window manufacturer, model, and size) along with your application form. Requests for payment must be received by DME within thirty (30) days of installation. Credits will be made to the electric utility accounts of DME customers that purchase the qualified replacement equipment. All installations must be for accounts served by DME and must meet all applicable national, local, and manufacturers’ codes and specifications. Program guidelines and payments are subject to change by DME without prior notice. DME may discontinue the Program without prior notice. All correspondence and applications for the incentive should be directed to: DME GreenSense Program Program Manager 1659 Spencer Road Denton, Texas 76205 è¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Solar Water Heater Rebates (retrofit only) DME is offering a rebate of 50 percent of invoice up to $300.00 for the installation of solar water heating systems. Rebate Guidelines Solar water heaters: 50 percent of invoice up to $300.00 per structure. Rebate is designed for residential and small commercial customers. Applicable for retrofits. Structures will only qualify for this rebate once per 12-month period. A pre-inspection and post-inspection by DME may be required. Solar water heater must preheat water for an electric water heater that is permanently installed at the structure. At minimum, a solar water heater system must be sized to accommodate a family of four. Applicants must be a home or rental property owner. All equipment installed must be new and certified by the Solar Rating Certification Corporation (SRCC). Only solar water heating systems with permanently installed electric backup are eligible to receive the rebate. Applications must be completed and approved prior to installation of the solar water heating system. Post-inspections by DME and the City of Denton Building Inspections Division are required on all installations before issuance of the rebate. Failure to follow these or other requirements of the City of Denton Building Inspections Division may render the system ineligible for the incentive. Requests for payment must be received by DME within thirty (30) days of installation. Credits will be made to the electric utility accounts of DME customers that purchase the qualified replacement equipment. All installations must be for accounts served by DME and must meet all applicable national, local, and manufacturers’ codes and specifications. Funding for this rebate is limited to funds availability. Attach an itemized and dated invoice from the contractor or retailer along with your application form. To qualify for the incentives, applicants must receive electric service from DME. Program guidelines and payments are subject to change by DME without prior notice. DME may discontinue the Program without prior notice. All correspondence and applications for the incentive should be directed to: DME GreenSense Program Program Manager 1659 Spencer Road Denton, Texas 76205 ç¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Interconnected PV Rebates (retrofits only) DME is offering a rebate of $3.00 per AC watt up to $15,000.00 based on the calculated expected performance of the system that is up to 10 kW. For systems larger than 10 kW, contact the DME GreenSense Program Manager for details. Rebate Guidelines Interconnected PV system: $3.00 per AC watt up to $15,000.00 per structure. Rebate is designed for residential and small commercial customers. Applicable only for retrofits. Structures will only qualify for this rebate once per 12-month period. A pre-inspection and post-inspection by DME will be required. Applicants must be a home or rental property owner. All equipment must be new when installed and must come with a five (5) year warranty. The DME Application for Interconnection and the DME interconnection Agreement detail specific requirements for this rebate. The DME Application for Interconnection, the DME Interconnection Agreement, and a pre-inspection must be completed and approved prior to installation of the photovoltaic (PV) system. Post-inspections by DME and City of Denton Building Inspections Division are required on all installations before the issuance of the rebate. Failure to follow these or other requirements of the City of Denton Building Inspections Division may render the system ineligible for the incentive and the system will not be allowed to interconnect with the DME electrical grid. Funding for this rebate is limited to funds availability. Attach an itemized and dated invoice from the contractor or retailer along with your application form. Requests for payment must be received by DME within thirty (30) days of installation. Credits will be made to the electric utility accounts of DME customers that purchase the qualified replacement equipment. All installations must be for accounts served by DME and must meet all applicable national, local, and manufacturers’ codes and specifications. Funding for this rebate is limited to funds availability. Program guidelines and payments are subject to change by DME without prior notice. DME may discontinue the Program without prior notice. Contact Program Manager for more details. All correspondence and applications for the incentive should be directed to: DME GreenSense Program Program Manager 1659 Spencer Road Denton, Texas 76205 ïð¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Attic/Ceiling Insulation Rebates (retrofit only) DME is offering a rebate up to of $400.00 for the installation of ceiling insulation. Rebate Guidelines: Attic/ceiling insulation: whichever is less, 50 percent of invoice, calculation method, or $400.00 per structure. Calculation Method: Rebate = ($0.01) x (square foot of insulated space) x (R-Value added). Rebate is designed for residential and small commercial customers. Applicable only for retrofits. Partial applications will not qualify for the rebate. Structures will only qualify for this rebate once per 12-month period. A pre-inspection and post-inspection by DME may be required. Applicants must be a home or rental property owner. Attic insulation must be installed between conditioned and unconditioned areas to qualify. Garages and other non-conditioned areas do not qualify. Final insulation must be at least R-38. The current insulation level of each home will be determined and documented by the insulation installer. Degradation due to age and density of the existing insulation should be taken into account. All materials must be new. Attach an itemized and dated invoice from the contractor or retailer (include insulation manufacturer, type, starting and ending r-value, number of bags installed, and square feet) along with your application form. The current insulation level of each home will be determined and documented by the amount of insulation installed. Funding for this rebate is limited to funds availability. Requests for payment must be received by DME within thirty (30) days of installation. Credits will be made to the electric utility accounts of electric utility retail customers that purchase the qualified replacement equipment. All installations must be for accounts served by DME and must meet all applicable national, local, and manufacturers’ codes and specifications. Funding for this rebate is limited to funds availability. Attach an itemized and dated invoice from the contractor or retailer along with the application form. Program guidelines and payments are subject to change by DME without prior notice. DME may discontinue the Program without prior notice. All correspondence and applications for the incentive should be directed to: DME GreenSense Program Program Manager 1659 Spencer Road Denton, Texas 76205 ïï¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Programmable Thermostat Rebate (retrofit) DME is offering a rebate of 50 percent of invoice up to $50 for the purchase and installation of an electronic, Energy Star approved thermostat. Rebate Guidelines: Programmable thermostat: 50 percent of invoice up to $50.00 per installation. Rebate is designed for residential and small commercial customers. Applicable only for retrofits. Applicants must be a home or rental property owner. Thermostat must have 5-2, 5-1-1, or 7-day programming and be capable of four (4) settings for each day. Thermostat must be new and Energy Star approved. Funding for this rebate is limited to funds availability. Attach an itemized and dated invoice from the contractor or retailer along with your application form and the old thermostat. Requests for payment must be received by DME within thirty (30) days of installation. Credits will be made to the electric utility accounts of electric utility retail customers that purchase the qualified replacement equipment. All installations must be for accounts served by DME and must meet all applicable national, local, and manufacturers’ codes and specifications. Funding for this rebate is limited to funds availability. Attach an itemized and dated invoice from the contractor or retailer along with your application form. Program guidelines and payments are subject to change by DME without prior notice. DME may discontinue the Program without prior notice. All correspondence and applications for the incentive should be directed to: DME GreenSense Program Program Manager 1659 Spencer Road Denton, Texas 76205 ïî¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL HVAC Rebate (New Construction Only) DME is offering a rebate for the purchase and installation of high-efficiency air conditioners or heat pumps for new residential or commercial facilities. Rebate Guidelines Applicable only for new construction. Rebate is designed for residential and small commercial customers. DME does not compensate the equipment installer for the installation or for processing the necessary paperwork. Applicable only for new construction. Applicants must be a home or rental property owner. Installations of central air-conditioning systems must be permitted, inspected and approved by the City’s Building Inspection Department before rebates will be processed. All submissions are subject to lawful verification of identification and entitlement to the Program credit by Denton Municipal Electric. Credits will be made to the electric utility accounts of DME customers that purchase the qualified. Participating builders that install qualified systems will receive a cash payment. The amount of a credit or cash payment shall be based on the payment schedule shown below. To qualify for the equipment incentive, the equipment must have a minimum of 16 SEER rating and must be new when installed. All equipment must be purchased. No leased or lease/purchase equipment will qualify for a cash or billing rebate. Installations must be made by licensed contractors and/or dealers who are registered as an authorized DME GreenSense Authorized Installer at the time of the sale/installation. Requests for payment must be received by DME within thirty (30) days of installation. All installations must be for accounts served by DME and must meet all applicable national, local, and manufacturers’ codes and specifications. Funding for this rebate is limited to funds availability. Attach an itemized and dated invoice from the contractor or retailer along with your application form. Program guidelines and payments are subject to change by DME without prior notice. DME may discontinue the Program without prior notice. Payment Schedule Central Air Conditioning 16.0 + $600/unit Central Heat Pumps 16.0 + $700/unit Geothermal Heat Pump 16.0 + $700/unit ïí¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Attic Reflective Radiant Barrier Rebates (New Construction Only) DME is offering a rebate of up to $300.00 per structure for the installation of a reflective radiant barrier in accessible attic space of new construction. Acceptable materials provide maximum reflection of thermal radiation and heat resistance, including paint coatings, aluminum foils and thermal shields specifically designed for use in buildings and homes as attic radiant barriers. Rebate Guidelines Radiant Barrier: over 90 percent reflectivity - $300.00 per structure up to 90 percent reflectivity - $200.00 per structure Rebate is designed for residential and small commercial customers. Qualifying structures may be residential, commercial, or multi-family, but must be heated and cooled. Partial applications will not qualify for the rebate. Structures will only qualify for this rebate once per 12-month period. A pre-inspection and post-inspection by DME may be required. Applicable only for new construction. Applicants must be a home or rental property owner. Attach an itemized and dated invoice from the contractor or retailer (include reflective radiant barrier manufacturer, type and square feet) along with your application form. Requests for payment must be received by DME within thirty (30) days of installation. Credits will be made to the electric utility accounts of DME customers that purchase the radiant barrier. Participating builders that install qualified radiant barriers will receive a cash payment. All installations must be for accounts served by DME and must meet all applicable national, local, and manufacturers’ codes and specifications. Funding for this rebate is limited to funds availability. Program guidelines and payments are subject to change by DME without prior notice. DME may discontinue the Program without prior notice. All correspondence and applications for the incentive should be directed to: DME GreenSense Program Program Manager 1659 Spencer Road Denton, Texas 76205 ïì¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Solar Screen Rebates (New Construction Only) DME is offering a rebate of 30 percent of invoice up to $200.00 for the installation of solar screens on new construction. Rebate Guidelines Solar screen rebate: 30 percent of invoice up to $200.00 per structure. Rebate is designed for residential and small commercial customers. Applicable only for new construction. Structures will only qualify for this rebate once per 12-month period. A pre-inspection and post-inspection by DME may be required. Applicants must be a home or rental property owner. Solar screens must be installed on a conditioned space. Solar screens must block at least 90 percent of the solar heat gain. Contractor's data on reflectivity of window screens must be included with the application along with the contractor's installation receipt itemizing total area and product identifiers and performance rating specifications. Requests for payment must be received by DME within thirty (30) days of installation. Credits will be made to the electric utility accounts of DME customers that purchase the qualified equipment. Participating builders that install qualified systems will receive a cash payment. All installations must be for accounts served by DME and must meet all applicable national, local, and manufacturers’ codes and specifications. Funding for this rebate is limited to funds availability. Attach an itemized and dated invoice from the contractor or retailer along with the application form. To qualify for the incentives, applicants must receive electric service from DME. Program guidelines and payments are subject to change by DME without prior notice. DME may discontinue the Program without prior notice. All correspondence and applications for the incentive should be directed to: DME GreenSense Program Program Manager 1659 Spencer Road Denton, Texas 76205 ïë¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Energy Efficiency Window Rebates () New Construction Only DME is offering a rebate of 30 percent of invoice amount up to $500.00 for the purchase and installation of energy efficient windows. Rebate Guidelines: Energy efficient windows: 30 percent of invoice up to $500.00 per structure. Rebate is designed for residential and small commercial customers. Applicable only for new construction. Structures will only qualify for this rebate once per 12-month period. A pre-inspection and post-inspection by DME may be required. Applicants must be a home or rental property owner. Windows must be new when installed. Must have a U-factor of 0.29 or less with a Solar Heat Gain Coefficient (SHGC) of 0.33 or less. Windows and sashes must be installed in a conditioned space. Attach an itemized and dated invoice from the contractor or retailer (including window manufacturer, model, and size) along with your application form. Requests for payment must be received by DME within thirty (30) days of installation. Credits will be made to the electric utility accounts of electric utility retail customers that purchase the qualified equipment. Participating builders that install qualified systems will receive a cash payment. All installations must be for accounts served by DME and must meet all applicable national, local, and manufacturers’ codes and specifications. Funding for this rebate is limited to funds availability. Attach an itemized and dated invoice from the contractor or retailer along with your application form. Program guidelines and payments are subject to change by DME without prior notice. DME may discontinue the Program without prior notice. All correspondence and applications for the incentive should be directed to: DME GreenSense Program Program Manager 1659 Spencer Road Denton, Texas 76205 ïê¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Solar Water Heater Rebates (New Construction Only) DME is offering a rebate of 50 percent of invoice up to $300.00 for the installation of solar water heating systems. Rebate Guidelines Solar water heaters: 50 percent of invoice up to $300.00 per structure. Rebate is designed for residential and small commercial customers. Applicable only for new construction. Structures will only qualify for this rebate once per 12-month period. A pre-inspection and post-inspection by DME may be required. Solar water heater must preheat water for an electric water heater that is permanently installed at the structure. At minimum, a solar water heater system must be sized to accommodate a family of four. Applicants must be a home or rental property owner. All equipment installed must be new and certified by the Solar Rating Certification Corporation (SRCC). Only solar water heating systems with permanently installed electric backup are eligible to receive the rebate. Applications must be completed and approved prior to installation of the solar water heating system. Post-inspections by DME and the City of Denton Building Inspections Division are required on all installations before issuance of the rebate. Failure to follow these or other requirements of the City of Denton Building Inspections Division may render the system ineligible for the incentive. Requests for payment must be received by DME within thirty (30) days of installation. Credits will be made to the electric utility accounts of electric utility retail customers that purchase the qualified equipment. Participating builders that install qualified systems will receive a cash payment. All installations must be for accounts served by DME and must meet all applicable national, local, and manufacturers’ codes and specifications. Funding for this rebate is limited to funds availability. Attach an itemized and dated invoice from the contractor or retailer along with your application form. Program guidelines and payments are subject to change by DME without prior notice. DME may discontinue the Program without prior notice. All correspondence and applications for the incentive should be directed to: DME GreenSense Program Program Manager 1659 Spencer Road Denton, Texas 76205 ïé¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Interconnected PV Rebates (New Construction Only) DME is offering a rebate of $3.00 per AC watt up to $15,000.00 based on the calculated expected performance of the system that is less than 10 kW. For systems larger than 10 kW, contact the DME GreenSense Program Manager for details. Rebate Guidelines Interconnected PV system: $3.00 per AC watt up to $15,000.00 per structure. Rebate is designed for residential and small commercial customers. Applicable only new construction. Structures will only qualify for this rebate once per 12-month period. A pre-inspection and post-inspection by DME may be required. Applicants must be a home or rental property owner. All equipment must be new when installed and must come with a five (5) year warranty. The DME Application for Interconnection and the DME interconnection Agreement detail specific requirements for this rebate. The DME Application for Interconnection, the DME Interconnection Agreement, and a pre-inspection must be completed and approved prior to installation of the photovoltaic (PV) system. Post-inspections by DME and City of Denton Building Inspections Division are required on all installations before the issuance of the rebate. Failure to follow these or other requirements of the City of Denton Building Inspections Division may render the system ineligible for the incentive and the system will not be allowed to interconnect with the DME electrical grid. Requests for payment must be received by DME within thirty (30) days of installation. Credits will be made to the electric utility accounts of electric utility retail customers that purchase the qualified equipment. Participating builders that install qualified systems will receive a cash payment. All installations must be for accounts served by DME and must meet all applicable national, local, and manufacturers’ codes and specifications. Funding for this rebate is limited to funds availability. Attach an itemized and dated invoice from the contractor or retailer along with your application form. Program guidelines and payments are subject to change by DME without prior notice. DME may discontinue the Program without prior notice. All correspondence and applications for the incentive should be directed to: DME GreenSense Program Program Manager 1659 Spencer Road Denton, Texas 76205 ïè¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Attic/Ceiling Insulation Rebates (New Construction Only) DME is offering a rebate up to $300.00 for the installation of ceiling insulation. Rebate Guidelines: Attic/ceiling insulation: whichever is less, 50 percent of invoice, calculation method, or $300.00 per structure. Calculation Method: Rebate = ($0.01) x (square foot of insulated space) x (R-Value added). Rebate is designed for residential and small commercial customers. Applicable only for new construction. A pre-inspection and post-inspection by DME may be required. Partial applications will not qualify for the rebate. Applicants will only qualify for this rebate once per 12-month period. A pre-inspection and post-inspection by DME may be required. Attic insulation must be installed between conditioned and unconditioned areas to qualify. Applicant must be a home or rental property owner. Garages and other non-conditioned areas do not qualify. Starting insulation must be at least R-38. Final insulation must be at least R-49. The current insulation level of each home will be determined and documented by the insulation installer. Degradation due to age and density of the existing insulation should be taken into account. All materials must be new. Attach an itemized and dated invoice from the contractor or retailer (include insulation manufacturer, type and square feet) along with your application form. Requests for payment must be received by DME within thirty (30) days of installation. Credits will be made to the electric utility accounts of electric utility retail customers that purchase the qualified equipment. Participating builders that install qualified systems will receive a cash payment. All installations must be for accounts served by DME and must meet all applicable national, local, and manufacturers’ codes and specifications. Funding for this rebate is limited to funds availability. Attach an itemized and dated invoice from the contractor or retailer along with the application form. Program guidelines and payments are subject to change by DME without prior notice. DME may discontinue the Program without prior notice. All correspondence and applications for the incentive should be directed to: DME GreenSense Program Program Manager 1659 Spencer Road Denton, Texas 76205 ïç¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Programmable Thermostat Rebate (New Construction Only) DME is offering a rebate of 50 percent of invoice up to $50 for the purchase and installation of an electronic, Energy Star approved thermostat. Rebate Guidelines: Programmable thermostat: 50 percent of invoice up to $50.00 per installation. Rebate is designed for residential and small commercial customers. Applicable only for new construction. Thermostat must have 5-2, 5-1-1, or 7-day programming and be capable of four (4) settings for each day. Thermostat must be new and Energy Star approved. Applicant must be a home or rental property owner. Requests for payment must be received by DME within thirty (30) days of installation. Credits will be made to the electric utility accounts of electric utility retail customers that purchase the qualified equipment. Participating builders that install qualified systems will receive a cash payment. All installations must be for accounts served by DME and must meet all applicable national, local, and manufacturers’ codes and specifications. Funding for this rebate is limited to funds availability. Attach an itemized and dated invoice from the contractor or retailer along with your application form. Program guidelines and payments are subject to change by DME without prior notice. DME may discontinue the Program without prior notice. All correspondence and applications for the incentive should be directed to: DME GreenSense Program Program Manager 1659 Spencer Road Denton, Texas 76205 îð¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Standard Offer Program (SOP) with savings of less than or equal to 100 kW DME is offering large commercial and industrial customers this SOP incentive to encourage energy efficiency improvements that go beyond the typical retrofit, replacement, or new purchase requirements. Incentives in the form of rebates will be paid for approved projects in the amount of $100/kW saved over the minimum set by city, state, and federal energy efficiency standards. Customer must provide an active phone line to the electric meter. Customer must have a minimum peak demand of 200 kW. The demand reduction must be a minimum of 50 kW. The amount of the incentive will not be for more than 50 percent of total project cost. The energy efficiency upgrade must be in service for at least ten (10) years. Replaced equipment must be disposed of and cannot be put back into service. The Program begins October 1 and shall remain in effect as long as funding is available. The Program can change without notice and DME reserves the right to discontinue the Program or any of its parts at any time. Installers and contractors must be registered with DME. Equipment must meet all codes and permitting requirements. Lighting incentive will not count for more than 65 percent of total project. If no other projects apply, then 65 percent of the kW reduction will accepted. Applicable Projects This Program does not specify which projects will qualify for the incentive. Applicants must submit detailed information for each project including a scope of work, specific equipment being removed and installed, and anticipated kW reductions. DME will review the applications for acceptance into the Program. Acceptable projects include: Lighting retrofit HVAC upgrade Motor replacement Photovoltaic Unacceptable projects include those that: Rely on customer behavior Involve cogeneration and demand management excluding generation from renewable sources Have a negative impact on the environment Have no capital investment Plug loads îï¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Application Process Applications for SOP participation must be submitted to the Program Manager for evaluation and acceptance. With application, customer must submit a proposal along with estimated cost, estimated demand savings, and method of kW savings calculation. Customer will receive confirmation that the application was received via e-mail. DME will review the application to determine if the project will be accepted into the Program. Customer will be notified in writing if the project has been accepted within 30 days of complete submittal. Customer will be contacted to schedule an initial inspection. Within 30 days of the completion of the project, the customer will contact the Program Manager to schedule a final inspection. This inspection is strictly for the purpose of qualifying for the rebate, not to take the place of Building Inspections or internal quality control. Following final inspection, demand reduction will be verified and the customer account will be credited. All correspondence and applications for the incentive should be directed to: DME GreenSense Program Program Manager 1659 Spencer Road Denton, Texas 76205 îî¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Standard Offer Program (SOP) with savings of more than 100 kW DME is offering large commercial and industrial customers this SOP incentive to encourage energy efficiency improvements that go beyond the typical retrofit, replacement, or new purchase requirements. Incentives in the form of rebates will be paid for approved projects in the amount of $125/kW saved over the minimum set by city, state, and federal energy efficiency standards. Customer must provide an active phone line to the electric meter. Customer must have a minimum peak demand of 200 kW. The demand reduction must be a minimum of 50 kW. The amount of the incentive will not be for more than 50 percent of total project cost. The energy efficiency upgrade must be in service for at least ten (10) years. Replaced equipment must be disposed of and cannot be put back into service. The Program begins October 1 and shall remain in effect as long as funding is available. The Program can change without notice and DME reserves the right to discontinue the Program or any of its parts at any time. Installers and contractors must be registered with DME. Equipment must meet all codes and permitting requirements. Lighting incentive will not count for more than 65 percent of total project. If no other projects apply, then 65 percent of the kW reduction will accepted. Applicable Projects This Program does not specify which projects will qualify for the incentive. Applicants must submit detailed information for each project including a scope of work, specific equipment being removed and installed, and anticipated kW reductions. DME will review the applications for acceptance into the Program. Acceptable projects include: Lighting retrofit HVAC upgrade Motor replacement Photovoltaic Unacceptable projects include those that: Rely on customer behavior Involve cogeneration and demand management excluding generation from renewable sources Have a negative impact on the environment Have no capital investment Plug loads îí¤Ð¿¹» GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM GUIDELINE MANUAL Application Process Applications for SOP participation must be submitted to the Program Manager for evaluation and acceptance. With application, customer must submit a proposal along with estimated cost, estimated demand savings, and method of kW savings calculation. Customer will receive confirmation that the application was received via e-mail. DME will review the application to determine if the project will be accepted into the Program. Customer will be notified in writing if the project has been accepted within 30 days of complete submittal. Customer will be contacted to schedule an initial inspection. Within 30 days of the completion of the project, the customer will contact the Program Manager to schedule a final inspection. This inspection is strictly for the purpose of qualifying for the rebate, not to take the place of Building Inspections or internal quality control. Following final inspection, demand reduction will be verified and the customer account will be credited. All correspondence and applications for the incentive should be directed to: DME GreenSense Program Program Manager 1659 Spencer Road Denton, Texas 76205 îì¤Ð¿¹» ORDINANCE NO. 2008-_______ AN ORDINANCE OF THE COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AND ADOPTING THE “GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM” (SCHEDULE GRP), WHICH REPLACES AND CANCELS IN ITS ENTIRETY THE “ENERGY SAVE PROGRAM” (SCHEDULE EP); AND WHICH “GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM” ALSO AMENDS AND REVISES THE PROVISIONS OF THE “DISTRIBUTED GENERATION FOR RENEWABLE SOURCES” RIDER (SCHEDULE DGR) REGARDING THE RATES THAT WERE PREVIOUSLY CONTAINED IN ORDINANCE NO. 2008-211 WHICH BECAME EFFECTIVE ON OCTOBER 1, 2008; ALL RATES CONTAINED IN THAT ORDINANCE OTHERWISE SHALL REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Denton Municipal Electric (“DME”) staff has reviewed the existing demand management rate and has proposed revisions to reflect modern technology and to make it more comparable with similar rate incentives that are now provided by other electric providers in Texas. The proposed “GreenSense Energy Efficiency Rebate Program” provides that this new rebate program is available to not only new construction, but to existing DME customers as well. It is expected that this new program will increase reduction of future capacity requirements of the City, will heighten awareness of energy conservation, as well as encouraging better use of generating capacity during peak periods, all of which are public purposes; and WHEREAS, DME staff has received guidance from the Council Committee on the Environment, at two meetings of that committee, regarding the “GreenSense Energy Efficiency Rebate Program,” which guidance included suggested measures to stimulate the growth of photovoltaic (solar) applications in the City; and WHEREAS, the Denton Public Utilities Board also provided DME staff guidance and approved the proposal presented by DME staff by a vote of 5-0 at its regularly-called meeting of November 10, 2008; and WHEREAS, the new proposed rate Schedule GRP authorizes the “GreenSense Energy Efficiency Rebate Program” and refers to the Program Manual for specific details and guidelines on qualifying for each of the energy efficient incentives; this Program Manual will be published on DME’s website and a copy of same will be on file at the City Secretary’s office; and it is expected that the guidelines will be adjusted periodically and adjusted to meet the goals of the City; and WHEREAS, the new Schedule GRP wholly cancels, supersedes and replaces Schedule EP (EnergySave Program) effective as of January 1, 2009; and 1 WHEREAS, Schedule DGR (“Distributed Generation for Renewable Sources”) rider is modified and amended to raise the maximum allowable interconnected generating system powered by a renewable source from 3 kV to 10 kV; this rider also credits the customer at the renewable energy rate for any energy that is delivered to the DME electric system; which modification and amendment is accomplished by a new Schedule DGR which supersedes the previously enacted Schedule DGR (which was effective as of October 1, 2008); and which modification and amendment is effective as of January 1, 2009; and WHEREAS, after having reviewed and considered the “GreenSense Energy Efficient Rebate Program” (Schedule GRP) the City Council is of the opinion that said program provides an environmentally friendly program, is in the best interest of the citizens of the City of Denton, Texas and should therefore replace and cancel the Schedule EP of the DME rate ordinance contained in Ordinance No. 2008-211, enacted on September 23, 2008, and should be hereby approved and adopted by the City Council, as attached; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The above and foregoing Preamble is hereby incorporated by reference and included as a part of this Ordinance. SECTION 2. Ordinance No. 2008-211, the Electric Rate Ordinance, previously enacted on September 23, 2008, and effective on October 1, 2008 is hereby modified and amended, only as specifically set forth in Sections 3 and 4 below. SECTION 3. The “GreenSense Energy Efficient Rebate Program” rider (Schedule GRP) which is attached as Exhibit “A” hereto, hereby wholly cancels and replaces the “EnergySave Program” rider in its entirety; and said “GreenSense Energy Efficient Rebate Program” is hereby approved and adopted herein and is incorporated by reference herein by the City Council. A copy of the “Program Manual” that will become effective from and after January 1, 2009 is attached hereto as Exhibit “B” and is incorporated by reference herein. SECTION 4. The “Distributed Generation for Renewable Sources” rider (Schedule DGR) which is attached as Exhibit “C” hereto, is hereby approved and adopted herein, and shall supersede, modify and replace the previously enacted “Distributed Generation for Renewable Sources” rider; and which replacement rider is incorporated by reference herein by the City Council. SECTION 5. The Assistant City Manager for Utilities is hereby delegated and is authorized to expend funds to issue rebates to electric utility customers in the form and type as is set forth in Schedule GRP, to the extent budgeted funds are available in the City’s budget for each fiscal year for this specific purpose, and which rebates promote energy conservation, which is a public purpose of the City. 2 SECTION 6. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 7. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or the application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 8. This ordinance and the rates as are herein adopted shall become effective, charged, and applied to all electric services rendered by Denton Municipal Electric, effective on and after January 1, 2009; and a copy of this rate ordinance shall be maintained on file, along with Ordinance No. 2008-211 which remains in full force and effect, except as amended and modified herein; and this Ordinance shall be maintained on file in the Office of the City Secretary of the City of Denton, Texas. PASSED AND APPROVED this the ______ day of __________________, 2008. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: _________________________________ 3 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3November 10, 2008 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Vice Chair of the Public Utilities Board thereafter convened into an Open Meeting 7on Monday, November 10, 2008 at 9:00 a.m. in the Service Center Training Room, City of 8Denton Service Center, 901-A Texas Street, Denton, Texas. 9 Present 10: Vice Chair Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson and Bill 11Grubbs (arrived at 9:16 a.m.) 12 13 Ex Officio Members: 14 George C. Campbell, City Manager 15 Howard Martin, ACM Utilities 16 Absent 17: Chair Charldean Newell and John Baines, both excused 18 OPEN MEETING: 19 20 ITEMS FOR INDIVIDUAL CONSIDERATION 21: 22 2311)Consider a recommendation of approval of rate schedules: (1) “GreenSense Energy 24Efficiency Rebate Program” (Schedule GRP) which replaces the EnergySave Program 25(Schedule EP); and (2) the revised “Distributed Generation for Renewable Sources Rider” 26(Schedule DGR). The new and the revised electric rate schedules will become effective on 27January 1, 2009. 28 29Howard Martin, ACM, called on William Bunselmeyer, Key Accounts Executive, to present this 30item. Bunselmeyer stated that the proposed GreenSense Energy Efficiency Rebate Program is a 31complete revamp of the existing demand management rate. The existing EnergySave Program 32offers rebates for replacement of air conditioners with high efficiency units, as well as for 33construction rebates. The new program, GreenSense Energy Efficiency Rebate Program, will no 34longer offer a packaged deal for new construction only. It will offer incentives in the form of 35rebates on the electric service bills of DME retail customers and cash incentives to builders. The 36previous program was an all or nothing in order to qualify for the rebate and really did not offer 37much incentive for new homebuilders. What is proposed is the opportunity to mix and match 38different efficiency upgrades to accommodate needs and budgets. These rebates, however, will 39not pay for all installations to the house such as a new solar screen or window upgrade, but it will 40encourage homeowners to get started with efficiency upgrades. Bunselmeyer then stated that 41EnergySave program rates approved in the budget in October will be replaced with the new 42GreenSense Energy Efficiency rebate program. The GreenSense program will raise the 43threshold in the DGR rate schedule from 3kW to 10kW which makes it a little more affordable. 44 45Board Member Phil Gallivan asked if federal tax cuts would go along with this program. 46Bunselmeyer replied it would and that a lot of those rebates and incentive tax breaks went away, 47but with the new economic bailout bill, a lot of the tax credits were extended and energy 48efficiency upgrades would still qualify. Board Member Gallivan stated that it would be good if 49DME could make that information available to the customers as it would help to market the 50rebates. Draft Minutes of the Public Utilities Board November 10, 2008 Page 2 of 2 1Board Member Randy Robinson confirmed that the current budget item was $180,000. 2Bunselmeyer replied that was correct, but there might be opportunities to increase it during the 3year if necessary, and that staff will reevaluate next year and possibly raise the dollar amount. 4 5Board Member Phil Gallivan asked if previous years’ monies had all been used. Bunselmeyer 6replied that they had not. 7 8At the request of Phil Williams, DME General Manager, Bunselmeyer stated that the City of 9Denton’s program was very comparable to the programs offered by the cities of Austin, San 10Antonio and Bryan. 11 Board Member Bill Cheek moved to approve with a second from board Member Phil 12 Gallivan. The motion was approved by a 5-0 vote. 13 14 15 The meeting was adjourned by consensus at 9:45 a.m. 16 AGENDA INFORMATION SHEET AGENDA DATE: December 02, 2008 DEPARTMENT: Utilities – Environmental Quality Division ACM: Howard Martin, 8232 SUBJECT Consider approval of aresolution authorizing the purchase of dry kiln cement as the base bid, assigning preferential purchase priority for cement produced with emission rates of 1.7 pounds of nitrogen oxides (NOx) per ton of clinker or less, and requesting the City manager to provide a report on the results of these bid specifications in approximately 12 months from the effective date of the resolution. The Committee on the Environment recommends approval (2-0). BACKGROUND During the May 5, 2008 meeting, the Committee on the Environment (COE) received a presentation from Jim Schermbeck, representing Downwinders at Risk, concerning adopting a municipal policy for purchasing “green” cement. In this context, “green cement” is defined as cement that is manufactured using processes that minimize nitrogen oxide emissions. Based on COE recommendations, Mr. Schermbeck gave a similar presentation to the City Council during the June 3, 2008 Council work session. Staff then compiled additional background information on green cement policies, and how these policies interact with the ozone non-attainment concerns of the Dallas-Fort Worth Metroplex, the nine county non-attainment area, the new ozone standard established by the United States Environmental Protection Agency (USEPA), and the State Implementation Plan (SIP). The issues associated with ozone non-attainment, including impacts to human health and the potential loss of federal highway dollars, were also discussed. This information was presented to the Committee on the Environment on September 8, 2008. During the September 8, 2008 presentation, staff recommended conducting additional research, including discussions with vendors, contractors, and City staff involved in cement purchases, as well as obtaining information from other municipalities, in order to better understand the issues associated with adopting a green cement purchasing policy. On October 21, 2008, City of Fort Worth staff provided an update to the Fort Worth City Council concerning the impacts of implementing the City of Fort Worth’s green cement purchasing resolution (the resolution has been in place for approximately 9 months). The Forth Worth resolution specifies the purchase of dry kiln cement as the base bid in Fort Worth bid packages, and provides preferential purchasing for bids from cement kilns with emission rates of 1.7 pounds or less of nitrogen oxides per ton of clinker. The Fort Worth update specifically addressed contractor services purchased for streets and arterial projects, as these projects are all subject to the same type of bidding process and were amenable to cross comparisons among projects. Of the 16 projects conducted by Fort Worth, 10 showed no cost differential at all. However, it is crucial to note that since dry kiln cement is specified as the base bid, many bidders were submitting cost estimates that were reflective of dry kiln cement only, and therefore these numbers cannot be used to compare costs of “dry kiln only” bids versus bids that did not specify a source for cement. There were a total of 6 bidders that provided Fort Worth with cost differential bids for the jobs where both the cost estimates for “dry kiln only” cement and the cost estimates for “cement from unspecified sources” were included. The cost differentials of these 6 bids bids suggested that specifying “dry kiln only” cement raised the overall project costs from approximately 0.73% to 4.89%. It is important to note that this is the total cost of the job, and does not reflect the actual cost differential of cement itself. It is therefore possible that the increase in cost for only cement was actually higher than these percentages suggest, but was somewhat “normalized” when the increased costs for cement was combined with the costs associated with the other components of the entire bid. Fort Worth summarized their report by stating that the green cement policy has resulted in a total increase of approximately 2.31% for those projects where a cost differential existed, and that the policy has not affected product availability or the ability of the City to bid or complete projects. As a component of the update, Fort Worth staff also provided statements from similar updates conducted by the Cities of Dallas and Plano. The Dallas green cement purchasing policy was implemented in April 2007, and Dallas reported no cost differences for project bids over the course of the last year. The City of Plano has only implemented two projects since enacting their green cement purchasing policy, and these two projects have resulted in a total price increase of 1.17%. Both Dallas and Plano have stated that enacting green cement purchasing policies has not affected product availability and has not affected the ability of the City to bid or complete projects. Denton currently has two major components that are related to the purchase of cement or products containing cement. The first component is comprised of materials purchased for use by City of Denton personnel. These purchases are divided into three types, namely the purchase of bulk dry cement, the purchase of pre-mixed concrete, and the purchase of bagged concrete and cement. Of these three types, the purchase of bulk dry cement is by far the largest component, comprising approximately 90-95% of the purchases of cement or products containing cement. The following table summarizes the amount of bulk dry cement purchased by the City over the three fiscal years. Budget Year Amount (tons) Unit Cost ($/ton) Cost 2005-2006 660.14$95.71$63,180.07 2006-2007 548.54$136.09$74,653.48 2007-2008 1,066.74$130.26$138,950.54 Discussions with one of Denton’s vendors indicated that the vendor believed the prices for dry kiln cement might be substantially higher than cement from unspecified sources, perhaps as much as 20%. This vendor also stated that bulk cement prices, regardless of source, may increase after the first of the year (possibly due to the anticipated regulatory requirements of the 2009 SIP). However, other vendors indicated that demand for cement of all types has diminished due to current economic conditions, which could result in an overall lowering of prices during the next bidding process, regardless of source. If this occurs, the cost differential between dry kiln cement and cement from unspecified sources will tend to decrease. The second component of Denton’s purchases of cement or products containing cement is purchases that are made as a component of work bid out to contractors.Staff has discussed this issue with one of Denton’s contractors, and this contractor did not expect to see a substantial change in prices if a green cement purchasing policy was enacted (although the contractor did point out that this is a somewhat difficult situation to predict). However, cement suppliers that currently produce their product exclusively using dry kiln processes have been very cost competitive when compared to suppliers that use wet kiln processes or a mixture of wet and dry kiln processes. Because of this fact, unless demand changes substantially, it is likely that cost differences will be slight between green cement and cement from unspecified sources, at least for those cement purchases that are bid out as a component of a contracted job. It is important to note that the purchase of cement and products containing cement through contract bids represents at least as much product as purchased by the City of Denton staff for municipal uses. In fact, depending on CIP cycles, the purchase of cement through contract bids can represent substantially higher quantities than the total amount of these materials purchased for use by Denton staff. Although contractors represent can substantial amount of the cement and cement products used by the City of Denton, due to market conditions, the implications of the 2009 State Implementation Plan, and changes in business practices such as TXI eliminating production from wet kilns, it is impossible for staff to accurately predict how much additional costs might result from specifying green cement as the base bid for Denton’s contract jobs. However, staff can state that the cities of Dallas, Fort Worth, and Plano have all indicated that the costs of specifying green cement in their contract bids during the course of last year (approximately) have either not increased, or have only slightly increased (on average, 1-2%). Fort Worth also stated in their report to Council that green cement is becoming less of a specialty product. As a result, Fort Worth staff members stated that they expect to see the cost differential between green cement and cement from unspecified sources continue to diminish in the future. Denton staff members have also conducted analyses on the bids for the major Capital Improvement Projects (CIP) conducted by the City of Denton over the course of the last few years. There were a total of 6 bids used in these analyses, although it is important to note that three of these bids represented the same project, with slight variations in scope. Two of the bids also involved channel construction projects, which tend to have more expensive concrete prices when compared to street projects. The goal of these analyses was to determine the impacts to CIP budgets if the cost associated with specifying green cement as the base bid truly did result in an increase of 20 percent in the cost of cement. Results of the analyses indicated that a 20 percent increase in cement costs would result in overall project increases that ranged from a low of 0.4 to a high of 2.7 percent, with an average of 1.8 (± 1.04) percent. Statistically, these results are not distinguishable from the Fort Worth results of a 1.05 percent increase over all project bids, and 2.31 percent increase for projects where cost differential data was provided. The City of Denton’s Annual contract for Ready Mix Concrete and Portland Cement expires on February 2, 2009. The Purchasing Department will likely prepare bids requests for the new annual contract in the December / January timeframe. The Committee on the Environment nd directed staff to bring this resolution forward for consideration during the December 2 council session so that if the resolution is adopted, the requirements of the resolution can be enacted prior to finalizing these bid requests. OPTIONS 1. Adopt the green cement resolution as provided in Exhibit 1. 2. Modify the proposed resolution and adopt as modified. 3. No action RECOMMENDATION Staff recommends Option 1, adopting the green cement resolution as provided in Exhibit 1. PRIOR ACTION/REVIEW (Council, Boards, Commissions) May 5, 2008 Presented to City Council Committee on the Environment, with recommendation for presentation to the full Council during work session. June 3, 2008 Presentation to the City Council during work session. September 8, 2008 Presentation to City Council Committee on the Environment concerning background of green cement issues and relationship to DFW air quality concerns. Recommendation to staff was to determine the impacts of adopting a green cement resolution for Denton and obtain information from other municipalities that have adopted similar resolutions November 3, 2008 Presentation to the City Council Committee on the Environment, including summary of Dallas, Fort Worth, and Plano results, summary of recent Denton cement purchasing history, and draft resolution. Recommendation to staff was to bring the resolution to full council on December 2 or 9, 2008. EXHIBITS 1. Proposed green cement resolution Respectfully prepared and submitted by: ______________________________ Kenneth Banks, Manager Division of Environmental Quality AGENDA INFORMATION SHEET AGENDA DATE:December 2, 2008 DEPARTMENT:Building Inspections ACM:Fred Greene SUBJECT Consider adoption of an ordinance creating Article XI of Chapter 28 of the Code of Ordinances of the City of Denton, Texas; in order to establish the minimum standards for installation of irrigation systems within the corporate limits of the City and the extraterritorial jurisdiction; providing for a severability clause; repealing all ordinances in conflict therewith; providing for a criminal penalty, Class C misdemeanor note to exceed two thousand dollars ($2,000.00) for violation of the code; and providing for an effective date. BACKGROUND On May 27, 2007, Texas Legislature passed House Bill 1656 which requires municipalities with a population of 20,000 or more to adopt a landscape irrigation ordinance with requirements at least as stringent as the Texas Commission on Environmental Quality (TCEQ) rules. House Bill 1656 became effective September 1, 2007 and requires adoption of local ordinance by January 1, 2009. The Bill requires and provides for design standards and specifications for all irrigation systems. Local municipalities may establish a permit system and those fees can beused to cover the financial burden of meeting stringent TCEQ requirements. Irrigation systems must be installed by a TCEQ licensed professional and beinspected for compliance with TCEQ and local standards. The proposed ordinance was presented to local irrigation contractors and home builders at a Contractors Luncheon on November 19, 2008. PRIOR/ACTION REVIEW This ordinance has not been reviewed by any previous board or commission. FISCAL INFORMATION The proposed ordinance will have minimal financial impact on the City of Denton. The City currently employs six (6) inspectors, an inspection supervisor, commercial plans examiner, plans examiner supervisor, and the Building Official who all possess Plumbing Inspection Licenses issued by the State of Texas. No additional licensing or training will be required to meet the inspection and compliance criteria of this ordinance. 1 Currently, the Irrigation Permit fee of $35.00 includes only the verification of a backflow prevention device. Beginning January 1, 2009 the inspection process will also include plan review, rough inspection and a final inspection to meet TCEQ guidelines. In anticipation of the TCEQ guideline implementation the Irrigation Permit fee was increased to $95.00 in the Building Permit Fee ordinance approved by City Council in September 2008, and will take effect on December 1, 2008. During fiscal year 07/08, the Building Inspections Department issued 712 irrigation permits at $35.00 each, resulting in the collection of $24,920 in permit fees. Using the same number of permits issued (712) with the newly adopted fee, the City would collect approximately $67,640. This amount will cover a portion of the additional administrative costs associated with the new irrigation plan review and permitting process. EXHIBITS 1.City Irrigation Ordinance 2.Chapter 344. Landscape Irrigation of the Texas Administrative Code 3.Questions and Answers for Local Governments provided by the Texas Municipal League (TML) Prepared by: Kurt Hansen Building Official Respectfully submitted: Mark Cunningham, AICP, CPM 2 CHAPTER 344. LANDSCAPE IRRIGATION SUBCHAPTER A. DEFINITIONS 30 TAC §344.1 §344.1.Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. (1) Air gap--A complete physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non- pressure receiving vessel. (2) Atmospheric Vacuum Breaker--An assembly containing an air inlet valve, a check seat, and an air inlet port. The flow of water into the body causes the air inlet valve to close the air inlet port. When the flow of water stops the air inlet valve falls and forms a check against back- siphonage. At the same time it opens the air inlet port allowing air to enter and satisfy the vacuum. Also known as an Atmospheric Vacuum Breaker Back-siphonage Prevention Assembly. (3) Backflow prevention--The mechanical prevention of reverse flow, or back siphonage, of nonpotable water from an irrigation system into the potable water source. (4) Backflow prevention assembly--Any assembly used to prevent backflow into a potable water system. The type of assembly used is based on the existing or potential degree of health hazard and backflow condition. (5) Completion of irrigation system installation--When the landscape irrigation system has been installed, all minimum standards met, all tests performed, and the irrigator is satisfied that the system is operating correctly. (6) Consulting--The act of providing advice, guidance, review or recommendations related to landscape irrigation systems. (7) Cross-connection--An actual or potential connection between a potable water source and an irrigation system that may contain contaminates or pollutants or any source of water that has been treated to a lesser degree in the treatment process. (8) Design--The act of determining the various elements of a landscape irrigation system that will include, but not limited to, elements such as collecting site specific information, defining the scope of the project, defining plant watering needs, selecting and laying out emission devices, locating system components, conducting hydraulics calculations, identifying any local regulatory requirements, or scheduling irrigation work at a site. Completion of the various components will result in an irrigation plan. (9) Design pressure--The pressure that is required for an emission device to operate properly. Design pressure is calculated by adding the operating pressure necessary at an emission device to the total of all pressure losses accumulated from an emission device to the water source. (10) Double Check Valve--An assembly that is composed of two independently acting, approved check valves, including tightly closed resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. Also known as a Double Check Valve Backflow Prevention Assembly. (11) Emission device--Any device that is contained within an irrigation system and that is used to apply water. Common emission devices in an irrigation system include, but are not limited to, spray and rotary sprinkler heads, and drip irrigation emitters. (12) Employed--Engaged or hired to provide consulting services or perform any activity relating to the sale, design, installation, maintenance, alteration, repair, or service to irrigation systems. A person is employed if that person is in an employer-employee relationship as defined by Internal Revenue Code, 26 United States Code Service, §3212(d) based on the behavioral control, financial control, and the type of relationship involved in performing employment related tasks. (13) Head-to-head spacing--The spacing of spray or rotary heads equal to the manufacturer's published radius of the head. (14) Health hazard--A cross-connection or potential cross-connection with an irrigation system that involves any substance that may, if introduced into the potable water supply, cause death or illness, spread disease, or have a high probability of causing such effects. (15) Hydraulics--The science of dynamic and static water; the mathematical computation of determining pressure losses and pressure requirements of an irrigation system. (16) Inspector--A licensed plumbing inspector, water district operator, other governmental entity, or irrigation inspector who inspects irrigation systems and performs other enforcement duties for a municipality or water district as an employee or as a contractor. (17) Installer--A person who actually connects an irrigation system to a private or public raw or potable water supply system or any water supply, who is licensed according to Chapter 30 of this title (relating to Occupational Licenses and Registrations). (18) Irrigation inspector--A person who inspects irrigation systems and performs other enforcement duties for a municipality or water district as an employee or as a contractor and is required to be licensed under Chapter 30 of this title (relating to Occupational Licenses and Registrations). (19) Irrigation plan--A scaled drawing of a landscape irrigation system which lists required information, the scope of the project, and represents the changes made in the installation of the irrigation system. (20) Irrigation services--Selling, designing, installing, maintaining, altering, repairing, servicing, permitting, providing consulting services regarding, or connecting an irrigation system to a water supply. (21) Irrigation system--An assembly of component parts that is permanently installed for the controlled distribution and conservation of water to irrigate any type of landscape vegetation in any location, and/or to reduce dust or control erosion. This term does not include a system that is used on or by an agricultural operation as defined by Texas Agricultural Code, §251.002. (22) Irrigation technician--A person who works under the supervision of a licensed irrigator to install, maintain, alter, repair, service or supervise installation of an irrigation system, including the connection of such system in or to a private or public, raw or potable water supply system or any water supply, and who is required to be licensed under Chapter 30 of this title (relating to Occupational Licenses and Registrations). (23) Irrigation zone--A subdivision of an irrigation system with a matched precipitation rate based on plant material type (such as turf, shrubs, or trees), microclimate factors (such as sun/shade ratio), topographic features (such as slope) and soil conditions (such as sand, loam, clay, or combination) or for hydrological control. (24) Irrigator--A person who sells, designs, offers consultations regarding, installs, maintains, alters, repairs, services or supervises the installation of an irrigation system, including the connection of such system to a private or public, raw or potable water supply system or any water supply, and who is required to be licensed under Chapter 30 of this title (relating to Occupational Licenses and Registrations). (25) Irrigator-in-Charge--The irrigator responsible for all irrigation work performed by an exempt business owner, including, but not limited to obtaining permits, developing design plans, supervising the work of other irrigators or irrigation technicians, and installing, selling, maintaining, altering, repairing, or servicing a landscape irrigation system. (26) Landscape irrigation--The science of applying the necessary amount of water to promote or sustain healthy growth of plant material or turf. (27) License--An occupational license that is issued by the commission under Chapter 30 of this title to an individual that authorizes the individual to engage in an activity that is covered by this chapter. (28) Mainline--A pipe within an irrigation system that delivers water from the water source to the individual zone valves. (29) Maintenance checklist--A document made available to the irrigation system's owner or owner's representative that contains information regarding the operation and maintenance of the irrigation system, including, but not limited to: checking and repairing the irrigation system, setting the automatic controller, checking the rain or moisture sensor, cleaning filters, pruning grass and plants away from irrigation emitters, using and operating the irrigation system, the precipitation rates of each irrigation zone within the system, any water conservation measures currently in effect from the water purveyor, the name of the water purveyor, a suggested seasonal or monthly watering schedule based on current evapotranspiration data for the geographic region, and the minimum water requirements for the plant material in each zone based on the soil type and plant material where the system is installed. (30) Major maintenance, alteration, repair, or service--Any activity that involves opening to the atmosphere the irrigation main line at any point prior to the discharge side of any irrigation zone control valve. This includes, but is not limited to, repairing or connecting into a main supply pipe, replacing a zone control valve, or repairing a zone control valve in a manner that opens the system to the atmosphere. (31) Master valve--A remote control valve located after the backflow prevention device that controls the flow of water to the irrigation system mainline. (32) Matched precipitation rate--The condition in which all sprinkler heads within an irrigation zone apply water at the same rate (33) New installation--An irrigation system installed at a location where one did not previously exist. (34) Non-health hazard--A cross-connection or potential cross connection from a landscape irrigation system that involves any substance that generally would not be a health hazard but would constitute a nuisance or be aesthetically objectionable if introduced into the potable water supply. (35) Non-potable water--Water that is not suitable for human consumption. Non-potable water sources include, but are not limited to, irrigation systems, lakes, ponds, streams, gray water that is discharged from washing machines, dishwashers or other appliances, water vapor condensate from cooling towers, reclaimed water, and harvested rainwater. (36) Pass-through contract--A written contract between a contractor or builder and a licensed irrigator or exempt business owner to perform part or all of the irrigation services relating to an irrigation system. (37) Potable water--Water that is suitable for human consumption. (38) Pressure Vacuum Breaker--An assembly containing an independently operating internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. Also known as a Pressure Vacuum Breaker Back-siphonage Prevention Assembly. (39) Reclaimed water--Domestic or municipal wastewater which has been treated to a quality suitable for beneficial use, such as landscape irrigation. (40) Records of landscape irrigation activities--The irrigation plans, contracts, warranty information, invoices, copies of permits, and other documents that relate to the installation, maintenance, alteration, repair, or service of a landscape irrigation system. (41) Reduced Pressure Principle Backflow Prevention Assembly--An assembly containing two independently acting approved check valves together with a hydraulically operating mechanically independent pressure differential relief valve located between the two check valves and below the first check valve. (42) Static water pressure--The pressure of water when it is not moving. (43) Supervision--The on-the-job oversight and direction by a licensed irrigator who is fulfilling his or her professional responsibility to the client and/or employer in compliance with local or state requirements. Also a licensed installer working under the direction of a licensed irrigator or beginning January 1, 2009, an irrigation technician who is working under the direction of a licensed irrigator to install, maintain, alter, repair or service an irrigation system. (44) Water conservation--The design, installation, service, and operation of an irrigation system in a manner that prevents the waste of water, promotes the most efficient use of water, and applies the least amount of water that is required to maintain healthy individual plant material or turf, reduce dust, and control erosion. (45) Zone flow--A measurement, in gallons per minute or gallons per hour, of the actual flow of water through a zone valve, calculated by individually opening each zone valve and obtaining a valid reading after the pressure has stabilized. For design purposes, the zone flow is the total flow of all nozzles in the zone at a specific pressure. (46) Zone valve--An automatic valve that controls a single zone of a landscape irrigation system. SUBCHAPTER B. STANDARDS OF CONDUCT FOR IRRIGATORS, INSTALLERS, IRRIGATION TECHNICIANS, AND IRRIGATION INSPECTORS, AND LOCAL REQUIREMENTS 30 TAC §§344.20 - 344.24 344.20.Purpose of Standards. (a) The correct practice of irrigation as a science and profession is essential for the protection and conservation of the water resources of the state and should be conducted by individuals who are held to the highest ethical standards. The legislature has vested the commission with the authority and duty to establish and enforce standards of professional conduct and ethics for practitioners in the irrigation industry. (b) Every applicant for an irrigator, installer, irrigation technician, or irrigation inspector license must become fully informed of the obligations and responsibilities inherent in the practice of irrigation as outlined by these standards of conduct. Each licensed irrigator, installer, irrigation technician, or irrigation inspector is deemed to have notice of these standards of conduct and is required to abide by the standards. §344.21.Intent. (a) These standards of conduct are established to prescribe responsibility on the part of an irrigator, an installer, an irrigation technician, an irrigation inspector, and a qualifying exempt business owner to aid in governing the irrigation industry. (b) The commission will determine what actions constitute violations of the standards in accordance with Chapter 70 of this title (relating to Enforcement) and Texas Water Code, Chapter 7 and institute appropriate disciplinary action, which may lead to monetary penalties or the suspension or revocation of a license in accordance with the applicable state statutes. §344.22.Proficiency in the Field of Irrigation; Representation of Qualifications. (a) All irrigators, installers, irrigation technicians, and inspectors shall be knowledgeable of the current industry standards regarding selling, designing, providing consulting services, installing, maintaining, altering, repairing, or servicing irrigation systems, including the connection of such a system to any source of water and water conservation. All irrigators, installers, irrigation technicians, and inspectors shall conform to the current adopted version of these rules and any local rules that do not conflict with these rules, or that are more stringent than these rules, when performing these activities. (b) All irrigators, installers, irrigation technicians, irrigation inspectors, and exempt business owners shall accurately and truthfully represent to prospective clients their qualifications to perform the services requested and shall not perform services for which they are not qualified by experience, knowledge, or license in the technical field involved. (c) All irrigators, installers, irrigation technicians, and inspectors shall be knowledgeable of local requirements related to landscape irrigation systems. §344.23.Irrigation Practice. False, misleading, or deceptive practices by an irrigator, installer, irrigation technician, or irrigation inspector relating to bidding, advertising, selling, installation, maintenance, alteration, repair, servicing, or inspection of irrigation systems are prohibited. §344.24.Local Regulation and Inspection. (a) Where any city, town, county, special purpose district, other political subdivision of the state, or public water supplier requires licensed irrigators, installers, irrigation technicians, or irrigation inspectors to comply with reasonable inspection requirements, ordinances, or regulations designed to protect the public water supply, any of which relates to work performed or to be performed within such political subdivision's territory the licensed irrigator, installer, irrigation technician, or irrigation inspector must comply with such requirements, ordinances, and regulations. (b) Any city, town, county, other political subdivision of the state, or public water supplier that is not required to adopt rules or ordinances regulating landscape irrigation may adopt a landscape irrigation program by ordinance or rule and may be responsible for inspection of connections to its public water supply system up to and including the backflow prevention device. (c) Municipalities with a population of 20,000 or more and a water district that chooses to implement a landscape irrigation program must verify that the irrigator that designs and installs an irrigation system holds a valid irrigator's license and has obtained a permit before installing a system within its territorial limits or if a municipality, its extraterritorial jurisdiction. Inspectors must verify that the design and installation meet the requirements of this chapter and local ordinances or rules that do not conflict with this chapter, or that are more stringent than this chapter. (d) Each inspector shall maintain a log of all irrigation systems inspected that includes, but is not limited to, the system location, property owner, irrigator responsible for installation, permit status, problems noted during the inspection, and date of the inspection. The log must be kept for three years. The log shall be available for review within two business days of the request by authorized representatives of the commission or any regulatory authority with jurisdiction over landscape irrigation issues in the area the inspector is employed to inspect. (e) An inspector may not inspect a landscape irrigation system that is an on-site sewage disposal system, as defined by Texas Health and Safety Code, §366.002. (f) An inspector may not inspect an irrigation system that is used on or by an agricultural operation as defined by Texas Agricultural Code, §251.002; or is connected to a groundwater well that is used by the property owner for domestic use. SUBCHAPTER C. REQUIREMENTS FOR LICENSED IRRIGATORS, INSTALLERS, IRRIGATION TECHNICIANS, AND IRRIGATION INSPECTORS 30 TAC §§344.30 - 344.38 §344.30.License Required. (a) An irrigator is an individual who: (1) sells, designs, provides consultation services, installs, maintains, alters, repairs, or services an irrigation system, including the connection of such system to any water supply; (2) advertises or represents to anyone that the individual can perform any or all of these functions; and (3) is required to hold a valid irrigator license issued under Chapter 30 of this title (relating to Occupational Licenses and Registrations). (b) Through December 31, 2009, an installer is an individual who connects an irrigation system to any water supply. (c) Beginning January 1, 2009, an irrigation technician is an individual who: (1) connects an irrigation system to a water supply; (2) under the supervision of a licensed irrigator, installs, maintains, alters, repairs, or services a landscape irrigation system; (3) represents to anyone that the individual can perform any or all of these functions; and (4) is required to hold a valid irrigation technician license issued under Chapter 30 of this title. (d) All irrigators, installers, and irrigation technicians shall comply with the rules contained in this chapter when performing any or all of the functions listed in this section. (e) An individual who inspects irrigation systems and enforces a municipality's landscape irrigation ordinance must: (1) hold a valid irrigation inspector license issued according to Chapter 30 of this title; or (2) hold a valid plumbing inspector license. (f) An individual who inspects irrigation systems and enforces a water district's rules related to landscape irrigation systems must: (1) hold a valid irrigation inspector license issued according to Chapter 30 of this title; (2) hold a valid plumbing inspector license; (3) be the district's operator; or (4) be another regulatory authority with jurisdiction over landscape irrigation. (g) An inspector shall comply with the rules contained in this chapter when performing any or all of the functions listed in this section. (h) A property owner is not required to be licensed in accordance with Texas Occupations Code, Title 12, §1903.002(c)(1) if he or she is performing irrigation work in a building or on a premises owned or occupied by the person as the person's home. A home or property owner who installs an irrigation system must meet the standards contained in §344.62(b) Spacing, §344.62(c) Water pressure, §344.62(g) related to spraying water over impervious materials, §344.62(j) Rain or moisture shut-off devices or other technology, and §344.62(k) Isolation valve. Municipalities or water districts may adopt more stringent requirements for a home or property owner who installs an irrigation system. §344.31.Exemption for Business Owner Who Provides Irrigation Services. Under Chapter 30 of this title (relating to Occupational Licenses and Registrations), a business owner who employs a licensed irrigator as an irrigator- in-charge to provide consulting services or to supervise or conduct the exempt business's operations relating to the design, installation, maintenance, alteration, repairing, and servicing of irrigation systems is exempt from the licensing requirements of Texas Occupations Code, Chapter 1903. §344.32.Responsibilities of a Business Owner Who Provides Irrigation Services. An exempt owner who provides landscape irrigation services shall ensure that all irrigation services are supervised by a licensed irrigator, according to the requirements of this subchapter. An exempt business owner who engages in landscape irrigation is responsible for verifying the validity of the license belonging to all irrigators, installers, and irrigation technicians performing irrigation services for the business. An exempt business owner who engages in landscape irrigation is responsible for designating an irrigator-in-charge. §344.33.Display of License. (a) Irrigators, installers, and irrigation technicians shall prominently display their license certificate at the place of irrigation business or employment and shall present their license upon request by any regulatory authority, irrigation system's owner, or prospective owner. (b) Irrigation inspectors shall present their license, when requested by any entity that is regulated under this chapter, and when that request is made while an irrigation inspector is conducting business. §344.34.Use of License. (a) No one other than the irrigator, installer, irrigation technician, or irrigation inspector to whom a license is issued shall use or attempt to use the license, which includes the license number. (b) An individual who uses or attempts to use the license or license number of someone else who is a licensed irrigator, licensed installer, licensed irrigation technician, or licensed irrigation inspector is in violation of Texas Occupations Code, Chapter 1903, and this chapter. (c) An irrigator's license or license number may be used at only one entity as the irrigator-in-charge. An irrigator may work for other entities, but not as the irrigator-in-charge. (d) It is a violation of this chapter for an irrigator, installer, irrigation technician or irrigation inspector to authorize or allow another person or entity to use the irrigator's, installer's, irrigation technician's, or irrigation inspector's license or license number in a manner inconsistent with this chapter. §344.35.Duties and Responsibilities of Irrigators. (a) An irrigator shall comply with the rules contained in this chapter when performing any or all of the functions described in this section. (b) An irrigator who performs work for an entity or for an exempt business owner who performs or offers to perform irrigation services shall be knowledgeable of and responsible for all permits, contracts, agreements, advertising, and other irrigation services secured and performed using the irrigator's license. (c) A licensed irrigator who is employed by an exempt business owner as defined by §344.31 of this title (relating to Exemption for Business Owner Who Provides Irrigation Services) shall supervise all irrigation services of the business, in accordance with this chapter. (d) A licensed irrigator is responsible for: (1) using the stamp or rubber seal in accordance with this chapter; (2) obtaining all permits and inspections required to install an irrigation system; (3) complying with local regulations; (4) determining the appropriate backflow prevention method for each irrigation system installation and installing the backflow prevention device correctly; (5) maintaining landscape irrigation systems records; (6) conserving water; (7) developing and following irrigation plan for each new irrigation system; (8) designing an irrigation system that complies with the requirements of this chapter; (9) providing on-site supervision of the installation of an irrigation system beginning January 1, 2010; (10) providing supervision to an irrigation technician while connecting an irrigation system to a water supply; installing, maintaining, altering, repairing, or servicing an irrigation system; (11) providing supervision to an installer connecting an irrigation system through December 31, 2009; (12) completing the irrigation system including the final "walk through," completing the maintenance checklist, placing a permanent sticker on the controller or on the maintenance checklist if the irrigation system does not have an automatic controller, and providing a copy of the design plan; (13) selling, consulting, performing maintenance, alteration, repair, and service of irrigation systems that complies with the requirements of this chapter; (14) providing advertisements, contracts, and warranties that comply with the requirements of this chapter; and (15) installing an irrigation system that complies with the requirements of this chapter. §344.36.Duties and Responsibilities of Installers and Irrigation Technicians. (a) A licensed installer may connect an irrigation system to a water supply through December 31, 2009. This includes installing an approved backflow prevention method pursuant to §344.50 of this title (relating to Backflow Prevention Methods) when connecting an irrigation system to a potable water supply. Beginning January 1, 2009, a licensed irrigation technician may connect an irrigation system to a water supply, including installing an approved backflow prevention method pursuant to §344.50 of this title and may maintain, alter, repair, service, or direct the installation of irrigation systems under the supervision of an irrigator. (b) If an installer or irrigation technician connects an irrigation system to a potable water supply, the connection and installation of the backflow prevention method must be as indicated on the site irrigation plan or as directed by the licensed irrigator and documented on the site irrigation plan. (c) Through December 31, 2009, an installer is responsible for the connection of an irrigation system to a water supply under the supervision of a licensed irrigator. (d) Beginning January 1, 2009, an irrigation technician, under the supervision of a licensed irrigator, is responsible for: (1) connecting an irrigation system to a water supply; and (2) providing on-site supervision of the installation, maintenance, alteration, repair, service of an irrigation system including the final walk through with the irrigation system owner or owner's representative to explain the maintenance and operation of the irrigation system. §344.37.Duties and Responsibilities of Irrigation Inspectors. (a) A licensed irrigation inspector shall enforce the applicable irrigation rules or ordinance of the employing governmental entity. (b) A licensed irrigation inspector, licensed plumbing inspector, a water district's operator or other governmental entity shall be responsible for: (1) verifying that the appropriate permits have been obtained for an irrigation system and that the irrigator and installer or irrigation technician, if applicable, are licensed; (2) inspecting the irrigation system; (3) determining that the irrigation system complies with the requirements of this chapter; (4) determining that the appropriate backflow prevention device was installed, tested, and test results provided to the water purveyor; (5) investigating complaints related to irrigation system installation, maintenance, alteration, repairs, or service of an irrigation system and advertisement of irrigation services; and (6) maintaining records according to this chapter. §344.38.Irrigator, Installer, and Irrigation Technician Records. Upon the licensed irrigator obtaining the seal or rubber stamp, in accordance with this chapter, an impression of the seal or rubber stamp will be made on letterhead, or other business stationary, and maintained on file for review by the commission. Archival copies of all records given to the irrigation system's owner or owner's representative shall be maintained by the irrigator. Records will be maintained by the irrigator for a period of three years from the date installation, maintenance, alteration, repair or service was completed. Irrigators, installers, and irrigation technicians shall make all records of landscape irrigation services available within ten business days of any request made by authorized representatives of the commission or the local regulatory authority with jurisdiction over landscape irrigation issues. SUBCHAPTER D. LICENSED IRRIGATOR SEAL 30 TAC §§344.40 - 344.43 §344.40.Seal Required. Each irrigator, upon being licensed with the commission, shall obtain a seal, as described in §344.41 of this title (relating to Seal Design). Licensed irrigators shall not engage in any landscape irrigation services without physical possession of the seal and the license. The irrigator is responsible for the security of the seal. §344.41.Seal Design. (a) The required seal must be: (1) circular; and (2) not less than 1-1/2 inches in diameter. (b) The required seal must display: (1) the words "State of Texas" at the top between the knurled circles; (2) the words "Licensed Irrigator" at the bottom; and (3) the irrigator's name and license number, excluding leading zeros, horizontally in the circular field. §344.42.Seal Display. (a) On every document requiring an irrigator's seal, the seal shall be clearly visible and legible on the original document and all copies or reproductions of the original document. (b) An irrigator may use an electronic or other format seal and signature if the seal, signature, and date are clearly visible and legible on the original document and all copies or reproductions of the original document. §344.43.Seal Use. (a) Irrigators shall: (1) sign their legal name; (2) affix the seal above the irrigator's signature; and (3) include the date of signing (month, day, and year) of each document to which the seal is affixed. (b) The presence of the irrigator's seal displayed above the irrigator's signature and date on any document constitutes the acceptance of all professional responsibility for the document and the irrigation services performed in accordance with that document. (c) The irrigator will maintain, for three years, a copy of each document bearing the irrigator's seal. (d) Once a document containing a seal is issued, the seal may not be altered. (e) Irrigators shall not use or authorize the use of a seal on any plan or specification created by another irrigator unless the irrigator: (1) Reviews and makes changes to adapt the plan or specification to the specific site conditions and to address state and local requirements; and (2) Accepts full responsibility for any alterations to the plan or specification and any downstream consequences. (f) If an irrigator prepares a portion of a plan or specification, that portion of the design or specification prepared by the irrigator, or under the irrigator's supervision and seal, should be clearly identified. (g) Irrigators shall sign, seal and date the irrigation plan and specifications, contract, addenda or change orders, warranty, and the maintenance checklist. SUBCHAPTER E. BACKFLOW PREVENTION AND CROSS-CONNECTIONS 30 TAC §§344.50 - 344.52 §344.50.Backflow Prevention Methods. (a) Any irrigation system that is connected to a public or private potable water supply must be connected through a commission-approved backflow prevention method. The backflow prevention device must be approved by the American Society of Sanitary Engineers; or the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California; or the Uniform Plumbing Code; or any other laboratory that has equivalent capabilities for both the laboratory and field evaluation of backflow prevention assemblies. The backflow prevention device must be installed in accordance with the laboratory approval standards or if the approval does not include specific installation information, the manufacturer's current published recommendations. (b) If conditions that present a health hazard exist, one of the following methods must be used to prevent backflow; (1) An air gap may be used if: A there is an unobstructed physical separation; and B the distance from the lowest point of the water supply outlet to the flood rim of the fixture or assembly into which the outlet discharges is at least one inch or twice the diameter of the water supply outlet, whichever is greater. (2) Reduced pressure principle backflow prevention assemblies may be used if: A the device is installed at a minimum of 12 inches above ground in a location that will ensure that the assembly will not be submerged; and B drainage is provided for any water that may be discharged through the assembly relief valve. (3) Pressure vacuum breakers may be used if: A no back-pressure condition will occur; and B the device is installed at a minimum of 12 inches above any downstream piping and the highest downstream opening. Pop-up sprinklers are measured from the retracted position from the top of the sprinkler. (4) Atmospheric vacuum breakers may be used if: A no back-pressure will be present; B there are no shutoff valves downstream from the atmospheric vacuum breaker; C the device is installed at a minimum of six inches above any downstream piping and the highest downstream opening. Pop-up sprinklers are measured from the retracted position from the top of the sprinkler; D there is no continuous pressure on the supply side of the atmospheric vacuum breaker for more than 12 hours in any 24-hour period; and E a separate atmospheric vacuum breaker is installed on the discharge side of each irrigation control valve, between the valve and all the emission devices that the valve controls. (c) Backflow prevention devices used in applications designated as health hazards must be tested upon installation and annually thereafter. (d) If there are no conditions that present a health hazard double check valve backflow prevention assemblies may be used to prevent backflow if the device is tested upon installation and: (1) a local regulatory authority does not prohibit the use of a double check valve; (2) backpressure caused by an elevation of pressure in the discharge piping by pump or elevation of piping above the supply pressure which could cause a reversal of the normal flow of water or back-siphonage conditions caused by a reduced or negative pressure in the irrigation system exist; and (3) test cocks are used for testing only. (e) If a double check valve is installed below ground: (1) test cocks must be plugged, except when the double check valve is being tested; (2) test cock plugs must be threaded, water-tight, and made of non- ferrous material; (3) a y-type strainer is installed on the inlet side of the double check valve; (4) there must be a clearance between any fill material and the bottom of the double check valve to allow space for testing and repair; and (5) there must be space on the side of the double check valve to test and repair the double check valve. §344.51.Specific Conditions and Cross-Connection Control. (a) Before any chemical is added to an irrigation system connected to any potable water supply, the irrigation system must be connected through a reduced pressure principle backflow prevention assembly or air gap. (b) Connection of more than one water source to an irrigation system presents the potential for contamination of the potable water supply if backflow occurs. Therefore, connection of any additional water source to an irrigation system that is connected to the potable water supply can only be done if the irrigation system is connected to the potable water supply through a reduced-pressure principle backflow prevention assembly or an air gap. (c) Irrigation system components with chemical additives induced by aspiration, injection, or emission system connected to any potable water supply must be connected through a reduced pressure principle backflow device. (d) If an irrigation system is designed or installed on a property that is served by an on-site sewage facility, as defined in Chapter 285 of this title (relating to On-Site Sewage Facilities), then: (1) all irrigation piping and valves must meet the separation distances from the On-Site Sewage Facilities system as required for a private water line in §285.91(10) of this title (relating to Minimum Required Separation Distances for On-Site Sewage Facilities); (2) any connections using a private or public potable water source must be connected to the water source through a reduced pressure principle backflow prevention assembly as defined in §344.50 of this title (relating to Backflow Prevention Methods); and (3) any water from the irrigation system that is applied to the surface of the area utilized by the On-Site Sewage Facility system must be controlled on a separate irrigation zone or zones so as to allow complete control of any irrigation to that area so that there will not be excess water that would prevent the On-Site Sewage Facilities system from operating effectively. §344.52.Installation of Backflow Prevention Device. (a) If an irrigation system is connected to a potable water supply and requires major maintenance, alteration, repair, or service, the system must be connected to the potable water supply through an approved, properly installed backflow prevention method as defined in this title before any major maintenance, alteration, repair, or service is performed. (b) If an irrigation system is connected to a potable water supply through a double check valve, pressure vacuum breaker, or reduced pressure principle backflow assembly and includes an automatic master valve on the system, the automatic master valve must be installed on the discharge side of the backflow prevention assembly. (c) The irrigator shall ensure the backflow prevention device is tested prior to being placed in service and the test results provided to the local water purveyor and the irrigation system's owner or owner's representative within 10 business days of testing of the backflow prevention device. SUBCHAPTER F. STANDARDS FOR DESIGNING, INSTALLING, AND MAINTAINING LANDSCAPE IRRIGATION SYSTEMS 30 TAC §§344.60 - 344.65 §344.60.Water Conservation. All irrigation systems shall be designed, installed, maintained, altered, repaired, serviced, and operated in a manner that will promote water conservation as defined in §344.1(44) of this title (relating to Definitions). §344.61.Minimum Standards for the Design of the Irrigation Plan. (a) An irrigator shall prepare an irrigation plan for each site where a new irrigation system will be installed. A paper or electronic copy of the irrigation plan must be on the job site at all times during the installation of the irrigation system. A drawing showing the actual installation of the system is due to each irrigation system owner after all new irrigation system installations. During the installation of the irrigation system, variances from the original plan may be authorized by the licensed irrigator if the variance from the plan does not: (1) diminish the operational integrity of the irrigation system; (2) violate any requirements of this chapter; and (3) go unnoted in red on the irrigation plan. (b) The irrigation plan must include complete coverage of the area to be irrigated. If a system does not provide complete coverage of the area to be irrigated, it must be noted on the irrigation plan. (c) All irrigation plans used for construction must be drawn to scale. The plan must include, at a minimum, the following information: (1) the irrigator's seal, signature, and date of signing; (2) all major physical features and the boundaries of the areas to be watered; (3) a North arrow; (4) a legend; (5) the zone flow measurement for each zone; (6) location and type of each: A controller; B sensor (for example, but not limited to, rain, moisture, wind, flow, or freeze); (7) location, type, and size of each: A water source, such as, but not limited to a water meter and point(s) of connection; B backflow prevention device; C water emission device, including, but not limited to, spray heads, rotary sprinkler heads, quick-couplers, bubblers, drip, or micro-sprays; D valve, including, but not limited to, zone valves, master valves, and isolation valves; E pressure regulation component; and F main line and lateral piping. (8) the scale used; and (9) the design pressure. §344.62.Minimum Design and Installation Requirements. (a) No irrigation design or installation shall require the use of any component, including the water meter, in a way which exceeds the manufacturer's published performance limitations for the component. (b) Spacing. (1) The maximum spacing between emission devices must not exceed the manufacturer's published radius or spacing of the device(s). The radius or spacing is determined by referring to the manufacturer's published specifications for a specific emission device at a specific operating pressure. (2) New irrigation systems shall not utilize above-ground spray emission devices in landscapes that are less than 48 inches not including the impervious surfaces in either length or width and which contain impervious pedestrian or vehicular traffic surfaces along two or more perimeters. If pop-up sprays or rotary sprinkler heads are used in a new irrigation system, the sprinkler heads must direct flow away from any adjacent surface and shall not be installed closer than four inches from a hardscape, such as, but not limited to, a building foundation, fence, concrete, asphalt, pavers, or stones set with mortar. (3) Narrow paved walkways, jogging paths, golf cart paths or other small areas located in cemeteries, parks, golf courses or other public areas may be exempted from this requirement if the runoff drains into a landscaped area. (c) Water pressure. Emission devices must be installed to operate at the minimum and not above the maximum sprinkler head pressure as published by the manufacturer for the nozzle and head spacing that is used. Methods to achieve the water pressure requirements include, but are not limited to, flow control valves, a pressure regulator, or pressure compensating spray heads. (d) Piping. Piping in irrigation systems must be designed and installed so that the flow of water in the pipe will not exceed a velocity of five feet per second for polyvinyl chloride (PVC) pipe. (e) Irrigation Zones. Irrigation systems shall have separate zones based on plant material type, microclimate factors, topographic features, soil conditions, and hydrological requirements. (f) Matched precipitation rate. Zones must be designed and installed so that all of the emission devices in that zone irrigate at the same precipitation rate. (g) Irrigation systems shall not spray water over surfaces made of concrete, asphalt, brick, wood, stones set with mortar, or any other impervious material, such as, but not limited to, walls, fences, sidewalks, streets, etc. (h) Master valve. When provided, a master valve shall be installed on the discharge side of the backflow prevention device on all new installations. (i) PVC pipe primer solvent. All new irrigation systems that are installed using PVC pipe and fittings shall be primed with a colored primer prior to applying the PVC cement in accordance with the Uniform Plumbing Code (Section 316) or the International Plumbing Code (Section 605). (j) Rain or moisture shut-off devices or other technology. All new automatically controlled irrigation systems must include sensors or other technology designed to inhibit or interrupt operation of the irrigation system during periods of moisture or rainfall. Rain or moisture shut-off technology must be installed according to the manufacturer's published recommendations. Repairs to existing automatic irrigation systems that require replacement of an existing controller must include a sensor or other technology designed to inhibit or interrupt operation of the irrigation system during periods of moisture or rainfall. El Paso, Hudspeth, Culberson, Jeff Davis, Presidio, Brewster, Terrell, Loving, Winkler, Ward, Reeves, Ector, Crane and Pecos are excluded from this requirement. (k) Isolation valve. All new irrigation systems must include an isolation valve between the water meter and the backflow prevention device. (l) Depth coverage of piping. Piping in all irrigation systems must be installed according to the manufacturer's published specifications for depth coverage of piping. (1) If the manufacturer has not published specifications for depth coverage of piping, the piping must be installed to provide minimum depth coverage of six inches of select backfill, between the top of the pipe and the natural grade of the topsoil. All portions of the irrigation system that fail to meet this standard must be noted on the irrigation plan. If the area being irrigated has rock at a depth of six inches or less, select backfill may be mounded over the pipe. Mounding must be noted on the irrigation plan and discussed with the irrigation system owner or owner's representative to address any safety issues. (2) If a utility, man-made structure, or roots create an unavoidable obstacle, which makes the six-inch depth coverage requirement impractical, the piping shall be installed to provide a minimum of two inches of select backfill between the top of the pipe and the natural grade of the topsoil. (3) All trenches and holes created during installation of an irrigation system must be backfilled and compacted to the original grade. (m)Wiring irrigation systems. (1) Underground electrical wiring used to connect an automatic controller to any electrical component of the irrigation system must be listed by Underwriters Laboratories as acceptable for burial underground. (2) Electrical wiring that connects any electrical components of an irrigation system must be sized according to the manufacturer's recommendation. (3) Electrical wire splices which may be exposed to moisture must be waterproof as certified by the wire splice manufacturer. (4) Underground electrical wiring that connects an automatic controller to any electrical component of the irrigation system must be buried with a minimum of six inches of select backfill. (n) Water contained within the piping of an irrigation system is deemed to be non-potable. No drinking or domestic water usage, such as, but not limited to, filling swimming pools or decorative fountains, shall be connected to an irrigation system. If a hose bib (an outdoor water faucet that has hose threads on the spout) is connected to an irrigation system for the purpose of providing supplemental water to an area, the hose bib must be installed using a quick coupler key on a quick coupler installed in a covered purple valve box and the hose bib and any hoses connected to the bib must be labeled "non-potable, not safe for drinking." An isolation valve must be installed upstream of a quick coupler connecting a hose bib to an irrigation system. (o) Beginning January 1, 2010, either a licensed irrigator or a licensed irrigation technician shall be on-site at all times while the landscape irrigation system is being installed. When an irrigator is not on-site, the irrigator shall be responsible for ensuring that a licensed irrigation technician is on-site to supervise the installation of the irrigation system. §344.63.Completion of Irrigation System Installation. Upon completion of the irrigation system, the irrigator or irrigation technician who provided supervision for the on-site installation shall be required to complete four items: (1) a final "walk through" with the irrigation system's owner or the owner's representative to explain the operation of the system; (2) The maintenance checklist on which the irrigator or irrigation technician shall obtain the signature of the irrigation system's owner or owner's representative and shall sign, date, and seal the checklist. If the irrigation system's owner or owner's representative is unwilling or unable to sign the maintenance checklist, the irrigator shall note the time and date of the refusal on the irrigation system's owner or owner's representative's signature line. The irrigation system owner or owner's representative will be given the original maintenance checklist and a duplicate copy of the maintenance checklist shall be maintained by the irrigator. The items on the maintenance checklist shall include but are not limited to: A the manufacturer's manual for the automatic controller, if the system is automatic; B a seasonal (spring, summer, fall, winter) watering schedule based on either current/real time evapotranspiration or monthly historical reference evapotranspiration (historical ET) data, monthly effective rainfall estimates, plant landscape coefficient factors, and site factors; C a list of components, such as the nozzle, or pump filters, and other such components; that require maintenance and the recommended frequency for the service; and D the statement, "This irrigation system has been installed in accordance with all applicable state and local laws, ordinances, rules, regulations or orders. I have tested the system and determined that it has been installed according to the Irrigation Plan and is properly adjusted for the most efficient application of water at this time." (3) A permanent sticker which contains the irrigator's name, license number, company name, telephone number and the dates of the warranty period shall be affixed to each automatic controller installed by the irrigator or irrigation technician. If the irrigation system is manual, the sticker shall be affixed to the original maintenance checklist. The information contained on the sticker must be printed with waterproof ink and include: (4) The irrigation plan indicating the actual installation of the system must be provided to the irrigation system's owner or owner representative. §344.64.Maintenance, Alteration, Repair, or Service of Irrigation Systems. (a) The irrigator is responsible for all work that the irrigator performed during the maintenance, alteration, repair, or service of an irrigation system during the warranty period. The irrigator or business owner is not responsible for the professional negligence of any other irrigator who subsequently conducts any irrigation service on the same irrigation system. (b) All trenches and holes created during the maintenance, alteration, repair, or service of an irrigation system must be returned to the original grade with compacted select backfill. (c) Colored PVC pipe primer solvent must be used on all pipes and fittings used in the maintenance, alteration, repair, or service of an irrigation system in accordance with the Uniform Plumbing Code (Section 316) or the International Plumbing Code (Section 605). (d) When maintenance, alteration, repair or service of an irrigation system involves excavation work at the water meter or backflow prevention device, an isolation valve shall be installed, if an isolation valve is not present. §344.65.Reclaimed Water. Reclaimed water may be utilized in landscape irrigation systems if: (1) there is no direct contact with edible crops, unless the crop is pasteurized before consumption; (2) the irrigation system does not spray water across property lines that do not belong to the irrigation system's owner; (3) the irrigation system is installed using purple components; (4) the domestic potable water line is connected using an air gap or a reduced pressure principle backflow prevention device, in accordance with §290.47(i) of this title (relating to Appendices); (5) a minimum of an eight inch by eight inch sign, in English and Spanish, is prominently posted on/in the area that is being irrigated, that reads, "RECLAIMED WATER - DO NOT DRINK" and "AGUA DE RECUPERACIÓN - NO BEBER"; and (6) backflow prevention on the reclaimed water supply line shall be in accordance with the regulations of the water purveyor. SUBCHAPTER G. ADVERTISING, CONTRACT, AND WARRANTY 30 TAC §§344.70 - 344.72 §344.70.Advertisement. (a) All vehicles used in the performance of irrigation installation, maintenance, alteration, repair, or service must display the irrigator's license number in the form of "LI________" in a contrasting color of block letters at least two inches high, on both sides of the vehicle. (b) All forms of written and electronic advertisements for irrigation services must display the irrigator's license number in the form of "LI___________." Any form of advertisement, including business cards, and estimates which displays an entity's or individual's name other than that of the licensed irrigator must also display the name of the licensed irrigator and the licensed irrigator's license number. Trailers that advertise irrigation services must display the irrigator's license number. (c) The name, mailing address, and telephone number of the commission must be prominently displayed on a legible sign and displayed in plain view for the purpose of addressing complaints at the permanent structure where irrigation business is primarily conducted and irrigation records are kept. §344.71.Contracts. (a) All contracts to install an irrigation system must be in writing and signed by each party and must specify the irrigator's name, license number, business address, current business telephone numbers, the date that each party signed the agreement, the total agreed price, and must contain the statement, "Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ), MC-178, P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's website is: www. tceq.state.tx.us." All contracts must include the irrigator's seal, signature, and date. (b) All written estimates, proposals, bids, and invoices relating to the installation or repair of an irrigation system(s) must include the irrigator's name, license number, business address, current business telephone number(s), and the statement: "Irrigation in Texas is regulated by the Texas Commission On Environmental Quality (TCEQ) (MC-178), P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's web site is: www.tceq.state.tx.us." (c) An individual who agrees by contract to provide irrigation services as defined in §344.30 of this title (relating to License Required) shall hold an irrigator license issued under Chapter 30 of this title (relating to Occupational Licenses and Registrations) unless the contract is a pass-through contract as defined in §344.1(36) of this title (relating to Definitions). If a pass-through contract includes irrigation services, then the irrigation portion of the contract can only be performed by a licensed irrigator. If an irrigator installs a system pursuant to a pass- through contract, the irrigator shall still be responsible for providing the irrigation system's owner or through contract, the irrigator shall still be responsible for providing the irrigation system's owner or owner's representative a copy of the warranty and all other documents required under this chapter. A pass-through contract must identify by name and license number the irrigator that will perform the work and must provide a mechanism for contacting the irrigator for irrigation system warranty work. (d) The contract must include the dates that the warranty is valid. §344.72.Warranties. (a) On all installations of new irrigation systems, an irrigator shall present the irrigation system's owner or owner's representative with a written warranty covering materials and labor furnished in the new installation of the irrigation system. The irrigator shall be responsible for adhering to terms of the warranty. If the irrigator's warranty is less than the manufacturer's warranty for the system components, then the irrigator shall provide the irrigation system's owner or the owner's representative with applicable information regarding the manufacturer's warranty period. The warranty must include the irrigator's seal, signature, and date. If the warranty is part of an irrigator's contract, a separate warranty document is not required. (b) An irrigator's written warranty on new irrigation systems must specify the irrigator's name, business address, and business telephone number(s), must contain the signature of the irrigation system's owner or owner's representative confirming receipt of the warranty and must include the statement: "Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ), MC-178, P.O. Box 130897, Austin, Texas 78711-3087. TCEQ's website is: www.tceq.state.tx.us." (c) On all maintenance, alterations, repairs, or service to existing irrigation systems, an irrigator shall present the irrigation system's owner or owner's representative a written document that identifies the materials furnished in the maintenance, alteration, repair, or service. If a warranty is provided, the irrigator shall abide by the terms. The warranty document must include the irrigator's name and business contact information. SUBCHAPTER H. IRRIGATOR ADVISORY COUNCIL 30 TAC §344.80 STATUTORY AUTHORITY §344.80.Irrigator Advisory Council. (a) The Irrigator Advisory Council is composed of nine members that are appointed by the commission. Appointments to the council will be made without regard to race, creed, sex, religion, or national origin of the appointees. The purpose of the council is to give the commission the benefit of the members' collective business, environmental, and technical expertise and experience with respect to matters relating to landscape irrigation. The council has no executive or administrative powers or duties with respect to the operation of the commission, and all such powers and duties rest solely with the commission. (b) Six members of the council must be licensed irrigators who are residents of the State of Texas, experienced in the irrigation business, and familiar with irrigation methods and techniques. (c) Three members must be representatives of the public. A person is not eligible for appointment as a public member if the person or the person's spouse: (1) is licensed by an occupational regulatory agency in the field of irrigation; or (2) is employed by, participates in the management of, or has, other than as a consumer, a financial interest in a business entity or other organization related to the field of irrigation. (d) It is grounds for removal from the council by the commission if a member: (1) does not meet, at the time of the appointment, the qualifications that are required by subsection (b) or (c) of this section for appointment to the council; (2) does not maintain, during service on the council, the qualifications that are required by subsection (b) or (c) of this section for appointment to the council; or (3) misses three consecutive regularly scheduled meetings or more than half of all the regularly scheduled meetings in a one-year period. (e) The members of the council serve six-year terms, with the terms expiring February 1 of each odd-numbered year. (f) A member of the council is entitled to per diem as appropriated by the Texas Legislature for each day that the member engages in the business of the council. A member is entitled to reimbursement for travel expenses, including expenses for meals and lodging, as provided for in the General Appropriations Act. (g) The council shall hold meetings at the call of the commission or chairman. (h) A majority of the council constitutes a quorum for conducting business. (i) The council will elect a chairman by a majority vote. Questions and Answers for Local Governments Who is required to implement a landscape irrigation program? House Bill 1656 requires municipalities with a population of 20,000 or more to adopt a landscape irrigation ordinance with requirements at least as stringent as theTexas Commission on Environmental Quality (TCEQ) rules.Water districts may implement landscape irrigation programs with rules at least as stringent as the TCEQ’s rules. How can I determine my municipality’s population? House Bill 1656 is silent on the source of data to use for determining population. Census data is an acceptable method to determine population. Where can I find a model ordinance to adopt TCEQ rules? The Texas Municipal League has Texas Municipal developed a model ordinance for League landscape irrigation programs. I need help with my landscape irrigation program. Can I contact someone at TCEQ? Yes, the TCEQ Landscape Irrigation Program can provide assistance. Technical questions about the program can be addressed to install@tceq.state.tx.us or to 512/239-1451. Can the costs for a landscape irrigation program be recouped? Yes, municipalities and water districts may charge a fee for obtaining or renewing a permit for the installation of an irrigation system. House Bill 1656 states that the fee should be sufficient to recover the cost of administering the irrigation program. House Bill 1656 refers to an “installer of an irrigation system” and the Texas Commission on Environmental Quality’s (TCEQ) rules refers to an irrigator and an irrigation technician. Who can install an irrigation system? A Texas Commission on Environmental Quality licensed irrigator can install an irrigation system. The Texas Occupations Code, §1903.002 exempts several types of irrigation system installers from the licensing requirements. The exempt categories are: plumber A licensed by the Texas State Board of Plumbing Examiners; or engineerarchitectlandscape A licensed , registered , or registered architect if the work is incidental to the pursuit of the person’s profession. Also exempted from the licensing requirements: property owner Irrigation or yard sprinkler work performed by a on premises owned or occupied by the person as the person’s home; Irrigation repair work, excluding extension or replacement of an irrigation maintenance person system, that is performed by a that does not act as an irrigator or engage in construction or maintenance of irrigation systems for the general public; and is incidental to and on the premises owned by the business in which the person is regularly employed or engaged (For example, a maintenance person employed by a corporation to perform general “handyman” work can replace a broken sprinkler head. The maintenance person cannot add a new zone to an irrigation system.); railroad Irrigation work performed by an employee of a on the premises of the railroad; public property Irrigation work performed on by a person regularly employed by a political subdivision of the state; Irrigation work performed by an agriculturist, agronomist, horticulturist, forester, gardener, contract gardener, garden or lawn caretaker, nurseryman, grader or cultivator of land on land owned by that person; property owner’s Irrigation work performed by a member of a association on property owned by the association or in common by the association’s members if the property is: less than one-half acre in size and used for aesthetic or recreational purposes; Irrigation work is performed using a garden hose, hose sprinkler, hose-end product, or agricultural irrigation system; commercial agricultural Activities involving a irrigation system; A person who assists in the installation, maintenance, alteration, repair, or direct supervision service of an irrigation system under the of a licensed irrigator; owner of a business An that employs a licensed irrigator. When is a licensed irrigation technician needed? Beginning January 1, 2009, a licensed irrigation technician can connect an irrigation system to a water supply. A licensed installer can also perform this function through December 31, 2009.Beginning January 1, 2009, a licensed irrigation technician or a licensed irrigator can perform the walk through with the irrigation system owner to explain how the irrigation system works and sign the maintenance checklist. Beginning January 1, 2010, either a licensed irrigation technician or a licensed irrigator must be on-site when an irrigation system is installed, maintained, altered, repaired or serviced. Of course, a home or property owner and other exempt people can perform these services. TCEQ’s rules mention an irrigator, installer, inspector, irrigation inspector and irrigation technician, can you describe their roles and qualifications? License Requirements Sells, designs, consults, installs, maintains, Licensed by Irrigator alters, repairs, services an irrigation system or TCEQ. supervises the installation, maintenance, Licenses are alteration, repairs or services an irrigation valid for 3 system years. A licensed plumbing inspector, an irrigation Inspector inspector (see the next item), and in addition, a water district may use the district’s operator or another governmental entity. A licensed person that inspects irrigation Licensed by Irrigation systems and performs other enforcement TCEQ. Inspector duties for a municipality or water district as an Licenses are employee or as a contractor. valid for 3 years. A licensed person that works for a licensed Licensed by Irrigation irrigator. A licensed irrigation technician may TCEQ. Technician supervise or install, maintain, alter, repair or Licenses are service an irrigation system. A licensed valid for 3 irrigation technician may connect an irrigation years. system to a private or public, raw or potable water supply system. A licensed person that connects an irrigation Licenses are Installer system to a private or public, raw or potable valid through water supply system or any water supply.December 31, 2009. Can a plumbing inspector inspect landscape irrigation systems? Yes, a plumbing inspector can inspect a landscape irrigation system. TCEQ’sTexas State Board Where can I find more Licensingof Plumbing information to determine if DatabaseExaminers Database a person is licensed and when the license expires? License searches on the TCEQ’s Licensing Database can be conducted by name (you will need the initial of the first name) or by license number (all irrigator LI license numbers are nine characters and begin with ). If you do not have a nine character number, use “0” after LI to fill-in. You may also conduct a group search to get a list of irrigators by municipality or county. TCEQ licenses individuals, not companies. I am an operator for a water district and have adopted TCEQ’s landscape irrigation rules; do I need to have an irrigation inspector on staff? No, water districts may hire or contract with an irrigation inspector, plumbing inspector, the district’s operator or another governmental entity to administer their landscape irrigation program. There are advertisements in my local newspaper for landscape irrigation services. Some of the advertisements do not include a licensed irrigator number. What should I do? Licensed landscape irrigators must display their license number in advertisements and on vehicles that are used to perform irrigation system installation, maintenance, alteration, repair, or service. If there are no jurisdiction issues, local governments may take action to ensure future advertisements include the license numbers. If there are jurisdiction issues, for example, if the advertisement is in the Austin American Statesman and services are provided in Austin, Round Rock and Georgetown, the advertisement could be referred to the TCEQ. In other words, the person advertising cannot be penalized by several jurisdictions for the same violation. I’ve heard that municipalities must review landscape irrigation plans before issuing a permit, is this true? TCEQ’s rules are generally silent on how each area implements a landscape irrigation program. The rules do require that municipalities with a population of 20,000 or more and water districts that choose to implement an irrigation system program: Verify that the irrigator that designs and installs the irrigation system is licensed; A permit has been issued prior to installation; Verify that the design and installation meet the requirements of the TCEQ’s landscape irrigation rules (or local requirements if more stringent); and Maintain a log of irrigation systems inspected for a period of three years. Some municipalities may review the plan prior to the initiation of construction and some may conduct on-site reviews to determine compliance with the applicable requirements. What are the requirements for homeowners that install an irrigation system? A homeowner is not required to be licensed in order to install a landscape irrigation system if the person is performing irrigation work at that person’s home. A homeowner must meet all of the local requirements such as backflow devices or freeze sensors as part of the installation of their irrigation system. The TCEQ Landscaping Irrigation rules require a homeowner to install an irrigation system that meets the standards for spacing, water pressure, must not spray water over impervious materials, install a rain or moisture shut-off device (or other technology) and install an isolation valve. The Public Drinking Water rules also require an appropriate backflow prevention device. A homeowner is not required to prepare a plan for the irrigation system. When can a final irrigation plan deviate from the actual installation of the irrigation system? The final irrigation plan must show the actual installation of the irrigation system. The original plan must be marked in red to show the changes that were made. An irrigator may also provide a “new irrigation plan” that is marked “final irrigation plan” to indicate that all changes have been incorporated. Why does TCEQ require irrigation system trenches to be left open for inspections? The TCEQ rules do not require irrigation system trenches to be left open for inspections. What are the insurance requirements to be a licensed irrigator, irrigation technician, installer, or irrigation inspector? TCEQ does not have any insurance or bonding requirements to be licensed to perform irrigation work in Texas. Are all irrigation systems required to comply with these rules? No, House Bill 1656 exempts some irrigation systems from the requirements. The exemptions are: An on-site sewage disposal system; An irrigation system used on or by an agricultural operation; or An irrigation system connected to a groundwater well used by the property owner for domestic use. What are the important dates for the rules? January 1, 2009 – The rules are effective. January 1, 2010 – The requirement that an irrigator or irrigation technician be on-site during the installation, maintenance, alteration, repair or service of an irrigation system is effective. Have licensed irrigators been informed of the rule changes? All licensed irrigators were notified of the proposed rule by the Texas Turf and Irrigation Association (TTIA). The TCEQ will send two postcards to irrigators notifying them of the new rules and notifying them of the availability of a Regulatory Guidance Document that will provide information about the rules. The Regulatory Guidance Document will be provided to municipalities that are required to implement irrigation programs and to water districts as requested. My city has several parks that have irrigation systems. Will I need to employ a licensed irrigator and licensed irrigation technician to oversee any irrigation work? No, The Texas Occupations Code, Chapter 1903.002(c)(4) exempts irrigation work performed on public property by a person who is regularly employed by a political subdivision of the state. Although you are not required to employ a licensed irrigator or a licensed irrigation technician, the irrigation systems must comply with the rule requirements. My city passed a large bond issue and new irrigation systems will be installed next year. The cost estimates were based on a design for an irrigation system that does not comply with the rule requirements because there will be water sprayed across walkways in a park. Can this system be grandfathered in because it was designed before the rule was adopted? There are no provisions to grandfather irrigation systems designed prior to the rule adoption. However, there is a provision that allows narrow paved walkways, jogging paths, golf cart paths or other small areas located in parks, cemeteries, golf courses or other public areas to be exempted from the requirement to not spray water over paved areas if the runoff drains into a landscape area. (See §344.62(b)(3) for addition information.)