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HomeMy WebLinkAboutResolutions R2009-001 to R2009-038 RESOLUTION sAour documentsVesolutions\09koserv gas rate resolution.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON SUSPENDING THE EFFECTIVE DATE OF COSERV GAS LTD'S REQUESTED RATE CHANGES TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE COSERV SYSTEM TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; REQUIRING REIMBURSEMENT OF CITIES' RATE CASE EXPENSES; AUTHORIZING INTERVENTION IN THE PROCEEDING AT THE RAILROAD COMMISSION; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on or about December 18, 2008, CoServ Gas Ltd. ("CoServ"), filed with the City of Denton a Statement of Intent to change gas rates in all municipalities within the CoServ System; and WHEREAS, it is reasonable for the City of Denton to cooperate with other cities in a review of the Company's Statement of Intent and to coordinate the hiring and direction of legal counsel and consultants and to negotiate with the Company and direct any necessary litigation; and WHEREAS, Gas Utility Regulatory Act § 104.107 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days; and WHEREAS, Gas Utility Regulatory Act § 103.022 provides that costs incurred by cities in ratemaking activities are to be reimbursed by the regulated utility; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The January 23, 2009 effective date of the rate request submitted by CoServ be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. SECTION 2. The City is authorized to cooperate with other cities in the CoServ service area to hire and direct legal counsel and consultants, negotiate with the Company, and to intervene and participate in any necessary administrative proceedings or court litigation associated with an appeal of city action. SECTION 3. The City authorizes the law firm of Lloyd Gosselink Rochelle & Townsend to act on behalf of the City to negotiate with CoServ and direct any necessary litigation. SECTION 4. The City's reasonable rate case expenses shall be reimbursed by CoServ. SECTION 5. It is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. sAour documentsVesolutions\09koserv gas rate resolution.doc SECTION 6. The City Secretary shall notify CoServ by sending a copy of this Resolution to Charles D. Harrell, Chief Financial Officer, CoServ Gas Ltd., 7701 South Stemmons, Corinth, Texas 76210-1842 and shall send a copy to Kristen Doyle, counsel for Cities Served by CoServ at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Ste. 1900, Austin, Texas 78701. PASSED AND APPROVED this the day of , 2009. ~ l MAkK B U , MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY A. 9- BY: _ j 0 17-0 1 4 D AP OVE TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 RESOLUTION lkodaddcpmtmmsUcgaNw do-msl-hmooW7-o1uuon to support disrotnimuuon of umnportauon m c= to non4_spanauon u Aoc . i RESOLUTION NO. O9- (D'~ A RESOLUTION SUPPORTING A LEGISLATIVE POSITION DURING THE 81sT TEXAS LEGISLATURE ON THE DISCONTINUATION OF DIVERTING TRANSPORTATION USER REVENUES TO NON-TRANSPORTATION USES AND THE APPROPRIATION OF ALL REVENUE GENERATED FROM HIGHWAY USER FEES AND TAXES TO FUND TRANSPORTATION PROJECTS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Transportation Institute estimates that Americans spend 38 additional hours in travel time annually due to inadequate and undersized infrastructure; and WHEREAS, the additional congestions wasted 2.9 billion gallons of fuel and cost over $78 billion in time and fuel; and WHEREAS, the additional 38 hours in congestion equates to almost five work or vacation days, an increase from 14 hours wasted in 1982; and WHEREAS, the City of Denton stands for mobility and quality transportation; and WHEREAS, maintaining aging highway infrastructure throughout Texas and expanding the highway system for statewide connectivity and maintaining urban mobility requires far greater investment in transportation infrastructure than is possible with current transportation revenues; and WHEREAS, it is estimated that over $14 billion has been diverted from State Highway Fund 006 revenues since 1986; funds that are badly needed for infrastructure improvements to address infrastructure needs throughout the State of Texas; and WHEREAS, because the quality of life for Texans today and in the future will not be measured by an increased number of hours in congestion, it is no longer sound public policy to divert existing transportation revenues to non-transportation uses; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton, Texas, supports the discontinuation of the diversion of transportation revenues to non-transportation sources and the appropriation of all revenues from highway user fees and taxes to fund transportation. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2009. MA A. BURROUG , AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP OVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2 RESOLUTION Oour documents\resolutions\09\rtc reso.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPOINTING A PRIMARY AND AN ALTERNATE MEMBER AS AN OFFICIAL VOTING REPRESENTATIVE TO THE REGIONAL TRANSPORTATION COUNCIL (RTC) OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Regional Transportation Council (RTC) is the independent transportation policy body of the Metropolitan Planning Organization and is comprised of 43 members; 36 local elected or appointed officials representing cities and counties, and several transportation provider representatives; and WHEREAS, the RTC is responsible for overseeing the metropolitan planning process including primary activities such as; providing guidance regarding the development of multimodal transportation plans and programs, programming federal and State funds for the implementation of transportation improvements, selecting specific federally funded projects and programs, assuring the coordination of services among transportation providers, and ensuring compliance with federal and State laws and regulations pertaining to metropolitan transportation and air quality planning; and WHEREAS, the City Council deems it be in the public interest to appoint Pete Kamp as the primary member to the RTC and appoint Mark Burroughs as the City's alternate member to the RTC.; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this Resolution are incorporated herein by reference. SECTION 2. Pete Kamp is hereby appointed as the primary member of the City of Denton, Texas to the RTC and Mark Burroughs is hereby appointed as the alternate member of the City of Denton, Texas, to the RTC. Pete Kamp and Mark Burroughs are qualified to serve on the RTC as having professional experience in the field of transportation, business, government, engineering, or law. SECTION 3. The City Manager is hereby authorized to send a certified copy of this Resolution to appropriate officials of the RTC. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. sAour documents\resolutions\09\rtc reso.doc I MARK A. B OWI~, M ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP OVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: , Page 2 of 2 RESOLUTION \\codad\departments\1ega1\our documents\resolutions\09\rail north texas.doc RESOLUTION NO. SOD A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING A LEGISLATIVE POSITION ON RAIL NORTH TEXAS AS A PRIMARY LEGISLATIVE ITEM IN THE 81 ST TEXAS LEGISLATURE SUPPORTING TAXES OR FEES TO GENERATE REVENUE TO FUND REGIONAL RAIL AND SUPPLEMENTAL ROADWAY IMPROVEMENTS IN NORTH CENTRAL TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments is designated as the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and WHEREAS, the Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be the regional forum for cooperative decisions; and WHEREAS, the Regional Transportation Council has advocated for additional transportation funding and flexibility for over 10 years, with a special focus on identifying additional funding to construct and operate a seamless regional rail system for the past five years; and WHEREAS, the Rail North Texas effort has been a bottom-up process to include local elected officials, business leaders, the public, and State legislators and has resulted in a specific legislative proposal; and WHEREAS, the City of Denton supports the North Central Texas Council of Government's Rail North Texas effort; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this Resolution are incorporated herein by reference. SECTION 2. The City of Denton supports seeking legislative authority to create a Transportation Funding Area (TFA) for the purpose of levying taxes or fees in order to generate revenue to fund rail and supplemental roadway improvements. SECTION 3. The City of Denton continues to support the principles contained in the three transportation authorities' "'Joint Recommendation for Regional Rail in North Central Texas." This rail initiative will be constructed by existing transportation providers. SECTION 4. The City of Denton does not support the creation of any new transportation authorities or transportation providers within the Dallas-Fort Worth region. codad\departmentsUegahour documents\resolutions\Mail north texas.doc SECTION 5. The City of Denton supports implementation of Rail North Texas in the Dallas-Fort Worth region consistent with: a. The "Policy Summary" in Attachment 1, b. The "Questions and Answers About Rail North Texas" in Attachment 2, c. What the Rail North Texas initiative is not as contained in Attachment 3, d. The "Project Selection, Funding, and Implementation Process" in Attachment 4, and e. The specific proposal outlined in Attachment 5. SECTION 6. The City of Denton Supports the Regional Transportation Council wish to implement a TFA for the sole purpose of implementing rail and supplemental roadway improvements. SECTION 7. This resolution will be transmitted to the Texas legislative delegation and to the Regional Transportation Council. SECTION 8. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~d day of , 2009. MA A. BU S, AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 1 J 1 )In Jj 0 - - APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY ZZ, Page 2 of 2 Attachment 1 C (D CIO ~ LL U Cu O O O c ~ ~ O U N cu O E ~ 0) C U c m cu C O _0 N O U O O cu C: E x 4) O O _ C c O ca CL O O > CL w .4..J O _ Q. C> ~C3) N W C: .J V1 O ;M O _ _L N cu Q. _ CY) C O O O . 0 0 aw CL c: C) c: 0 o -0 C: 0 C M 0) O O C: L) C CU C: cu DL -h.- (LS >C CIO _N cu w O O c C: O O C6 C 0 0 0 C. V -tn ~ J LL Z Z U :3 a. m U ~ U C: cu 0 O N a) _0 cu ~ U a~ ° o cu 0 ( _0 ca o a~ E o O o cn to C 0 -0 U cn U o c I ~ cn L CU c: E (n cn -0 CU .U " pa) L N N O O Q cn a LL c- E N a) cu cn -0 cy) F. a) a) cn 4-a > -0 cu CU a) cu C: > O cn O _O _O = > > C/) cu 0 (D 0 cn * O U 't :3 0 ° Q Q a cn -0 °Q (1) ca o C 0 ~ ° a) a ° o cu (D cu a) E > co x 4-a 0 C: -0 cn CU 0- 0 ~ V U : cn Attachment 2 Questions and Answers About Rail North Texas If the initiative is called Rail North Texas, why is there not a greater focus on rail in the bill outline? The bill outline was developed to be used statewide and other regions may want to focus on roadway improvements. The RTC may wish to amend the bill outline to bracket a section specific to the Dallas-Fort Worth region which states that the primary focus will be to design, build, finance, operate, and maintain passenger rail. This has long been the focus of Rail North Texas and will continue to be the focus. Who is accountable under this model? This is the strength of this approach. Three groups, working as partners, are all accountable. First, under this model, the Metropolitan Planning Organization policy body - the Regional Transportation Council in the Dallas-Fort Worth region - is responsible for making sure that projects stay on schedule. In DFW, the North Central Texas Council of Governments' Executive Board will hold the revenues, enter into interlocal agreements with implementing agencies, and disburse funds to local governments and transportation providers. As recommended by the three transportation authorities, the RTC will form a Transportation Implementers Subcommittee consisting of the three transportation authorities, TxDOT, and NTTA. This subcommittee will meet regularly to discuss project implementation, coordination, and funding issues. Second, subarea roundtables through public involvement will select the projects. Third, transportation authorities will extend already proven services to construct the projects. What if I have a problem with the taxes and fees and don't have a representative on the RTC or Executive Board? Is there a way to address those bodies? No projects can be built, or taxes and/or fees imposed, that voters have not approved. Intemet-based reports will keep citizens up to date. The Transportation Funding Area (TFA) will convene a meeting separate from the normal MPO policy board meeting to hear from citizens or local government on any concerns. The Regional Transportation Council has been planning and expediting projects for over 30 years. 1 How will projects be selected by the TFA? • The TFA (the Regional Transportation Council in the Dallas-Fort Worth region) will issue a call for projects to transportation authorities, cities, counties, TxDOT, and NTTA. • Existing transportation authorities will be primarily responsible to submit rail projects. • All entities will submit project applications back to the TFA. • TFA staff will evaluate projects based on whether they met basic criteria. • Subarea roundtables will be convened in each county and will be made up of elected officials and technical staff for the county, each city, and transportation providers within that county. TFA staff will also participate. • The subarea roundtables will determine the priority ranking of projects within each county and make a recommendation to the TFA. • Passenger rail will be given priority. Warranted rail lines have already been established by subarea roundtable members. Rail lines which cross multiple counties will need special priority attention if supported in neighboring counties. • The TFA will vote on the subarea roundtable recommendations. This process is identical to recent projects selection efforts of the Regional Transportation Council. How will taxes and fees be selected by the TFA? • When subarea roundtables are determining the projects they wish to fund, they will consider the revenue needed plus contingency construction funding for each project. • Based on the revenue needed, the subarea roundtables will select an appropriate mix of taxes and fees at agreed-upon rates for that county and make a recommendation to the TFA. • The TFA may propose a TFA-wide tax or fee for discussion during the subarea roundtable process. • Subarea roundtables will approve the taxes and fees. • The TFA will vote on the subarea roundtable recommendation. How will the election be held? The TFA will prepare a ballot for each county within the TFA and submit it to the elections administration of each county to be placed on the ballot. Voters will be asked to approve both the proposed projects and proposed taxes and/or fees. In each county where the majority of voters approve the taxes and/or fees for the TFA, the taxes and/or fees will be imposed and projects constructed. Projects are fixed with the citizen elections and no changes can be made without voter approval. 2 Can a county opt out of Rail North Texas? Yes, if the subarea roundtable determines not to select projects to participate in the Rail North Texas election within that county. If a regional revenue source was proposed by the TFA, the subarea roundtable may wish to consider using that revenue source as a local match for projects through the Regional Toll Revenue Funding Initiative or subsequent funding initiatives. What if a county votes no? Through the Rail North Texas initiative, local elected officials looked at city-by-city, county-by-county, or regional votes. The county geography was selected as the most appropriate, but it could result in one or more counties voting not to join the TFA. Where this impacts construction of a passenger rail line in more than one county, the TFA may have to postpone or delete the whole corridor due to lack of funding. Will money raised in one county be used to subsidize projects in another county? No. The TFA will keep all funds raised in each county in separate accounts. Monthly reports will be distributed to the NCTCOG Executive Board, the TFA, and the MPO policy board. An internet-based reporting system will be accessible to all cities, counties, and citizens of the region. Will the taxes and fees ever go away? Yes, for revenues raised for construction. There will be perpetual revenue needed to fund maintenance and operations of the passenger rail system, but this is a small part of the overall funding needed. Any taxes and/or fees for capital (building) expenses will expire when bonds are retired. If additional projects are identified by a subarea that will require additional revenue, a new vote called for by the TFA within that subarea to build other projects could extend taxes and fees if a majority of voters approve. Who will issue bonds? The entity carrying out construction will issue bonds for each project. That will be either a transportation authority, city, county, TxDOT, or NTTA. Authority to issue debt is included in the bill outline because other areas of the state may wish for the TFA to undertake this task, but Dallas-Fort Worth will be exempt from that authority. Who will build the projects? In the Dallas-Fort Worth region, the TFA will not build projects. Projects will be built by Dallas Area Rapid Transit, Denton County Transportation Authority, The T, Texas Department of Transportation, North Texas Tollway Authority, cities, or counties. 3 If the TFA isn't building projects, why should we create a TFA? Many of the passenger rail projects that are needed in the Dallas-Fort Worth region cross county boundaries. There is a need to coordinate the planning, financing, and implementation across the entire region, so a regional entity is best equipped to do that. In addition, in the DFW region, there is an established process to hold and disburse funds within the RTC/NCTCOG process so each county won't have to develop a new accounting and agreement system to implement multiple projects with different entities. How long will it take to see rail being constructed? That depends on several factors such as current freight rail use of the rail lines, environmental reviews, transportation authority staff availability, number of projected riders, and many other items. Generally, the rail lines in the plan could be open to riders starting in 2011 through 2030. The timeline will be known to voters and included in the subarea elections. Aren't the taxes and fees regressive, meaning harder to be paid by lower income citizens? In some cases, yes, but each subarea will be able to select the best taxes or fees for its residents. The rail lines proposed will benefit lower income populations by providing a transportation option at a much more affordable rate than owning a vehicle. The region will push for the vehicle registration fee to be implemented based on the value of the vehicle. Transit carries such a small percent of overall commuters, why even bother? While that may be true if you look at the whole region, our current transit system does not serve the entire region. Looking at highway corridors where there is parallel transit service, about one lane of traffic in each direction is removed by transit service. This benefits the people using transit and the people using the roadway that see reduced congestion. Looking at the rail map, new rail lines are proposed next to extremely congested corridors such as 1-35W in Fort Worth, US 75 in Collin County, US 287 in Tarrant and Johnson counties, and SH 121 in Tarrant County. Rail in the U.S. 75 corridor carries the equivalent of two freeway lanes in each direction. Will TxDOT just take away traditional funding if our region starts funding transportation from local sources? We will make sure that doesn't happen and there is precedent for protecting state and federal funds. When our region began building toll roads, we obtained assurances from the Texas Transportation Commission, the TxDOT policy body, for state and federal funds to never be reduced to Dallas-Fort Worth. Similarly, the Legislature has required continued federal and state funds even after private-sector concession payments on toll roads. The bill outline contains a similar provision for Rail North Texas that advocates will seek during the upcoming legislative session. 4 Why not just try to get more federal and state funds? That is part of the comprehensive legislative package to improve transportation, and we are actively seeking an increase in those funds as well. However, local funds are far more flexible and have less bureaucratic red tape so projects can be built for less money and much more quickly. So, by raising local funds to stay in our region, we are saving taxpayer dollars in the long run. Local funds are not impacted by donor/donee losses and revenue diversions. Transit won't work in the Dallas-Fort Worth region because it's too spread out, why are we trying to do this? The success of light rail through Dallas Area Rapid Transit as well as the success of the Trinity Railway Express proves that rail transit will work here. DART, DCTA, and The T have seen skyrocketing increases in passengers this year as gasoline prices soared. Even as gas prices start coming down, the transportation authorities are keeping most of those new passengers. Other areas of the country with density similar to or even less than Dallas-Fort Worth also have successful transit systems (San Francisco, Minneapolis, St. Louis, etc.) Shouldn't we be able to elect or vote out of office people raising our taxes? Most of the members of the Regional Transportation Council are elected officials and each city is represented by a member of the RTC. Alternatively, the boards of directors of the current transportation authorities - with authority to impose a sales tax - are not elected positions, in fact the members are not elected officials at all. Every person registered to vote will have the opportunity to vote for or against the taxes for the TFA. These taxes will be for specific projects that can not be changed after the election. Elected officials (through the subarea roundtables) and citizens (through the election) will control the taxes and fees for selected projects. Is this adding another level of government? No. It will be adding a new tax or fee, but there will not be a new entity created with a new board and new staff. The existing Regional Transportation Council and NCTCOG Executive Board will oversee the TFA finances. These are unpaid positions. NCTCOG staff will administer all of the funds and contracts. While some additional staff may be needed, the administrative expenses will be minimal. Whether administered through a TFA housed at the NCTCOG or through the existing transportation authorities, additional taxes and/or fees are needed to implement the regional rail system. 5 How will voters know what they're getting for the money? Before going to voters in an election, subarea roundtables will select projects with specific timelines and related taxes and/or fees. Representatives of the counties, cities, TFA, and other advocates will present the plans to the public in public meetings, brochures, websites, and other means before the election is held. This will be similar to bond issuance votes that occur periodically in cities and counties throughout the region. With voter approval, the projects are fixed in each subarea. Would tax dollars be better spent on highways since transit doesn't pay for itself? Almost no transit system in the world pays for itself out of passenger fares. Some amount of government assistance through taxes or fees is required. The Dallas-Fort Worth region has an extensive plan to build both rail and highway improvements. In order to serve an expected population of 9 million by 2030, we will need all modes of transportation to move people and goods within and through our region. Passenger rail systems are very reliable and run on schedule. Roadways often are unreliable due to incidents, accidents, weather, and construction. Will the TFA start telling the transportation authorities what to do? The transportation planning process is extremely collaborative. Projects will be built that have been in the metropolitan transportation plan for decades. The transportation authorities will be assisting in the refinement of the rail plans for each subarea. Transportation authority board members sit on the RTC and are vital to the planning process and are the implementers of transit projects. The TFA will not be involved with decisions the transportation authorities make on projects funded through current sales tax revenue. This is merely a way to generate and disburse additional money for projects that can't be built with exiting revenues. Sales tax has been the way transit is funded up to this point, why is sales tax no longer a funding option? During the last two legislative sessions the region has tried to get additional sales tax authority for transit, but it has been rejected. We have worked closely with the business community - the strongest opponents to raising the sales tax - to find new revenue options. Business is supportive of transit as a way to move employees and customers reliably. The Legislature has also asked repeatedly for the region to look at other options. The RTC is trying to balance the needs of all interested parties. The State may need sales tax to fund additional needs for Texas in the future. 6 Why are we not using the tri-party agreement from 2006? Over 100 local governments and chambers of commerce signed onto the tri-party agreement, which called for the three existing transit authorities to work together to implement regional rail and called for an additional sales tax of up to 1 percent to be imposed outside of the DART and DCTA service areas. The support for that effort was overwhelming, but the Rail North Texas process is fundamentally different. Local governments and organizations should have an opportunity to evaluate the Rail North Texas proposal and choose to support it or not based on the new taxes and fees proposed and the idea to create an infrastructure fund for DART cities. Even though sales tax will not be used, the same three transportation authorities will be asked to design and construct the additional rail lines. Will DART cities be double taxed? Any new taxes and/or fees will be imposed for an entire county, so if Dallas County or Collin County vote to approve new taxes or fees, DART cities will pay these new taxes and/or fees as well as the current 1 percent DART sales tax. This will be for new service as agreed to by the cities within DART. It could be to speed up the construction of rail lines by decades or it could be to improve bridges or streets. All new revenues in the DART service area will remain for that service area to construct additional transportation. This special account is the result of not being able to add sales tax to non-DART cities. Could the TFA reallocate money away from transit projects when there is a shortfall of highway dollars? No. By taking a set of specific projects with specific funding sources to the voters, the TFA will be making a commitment to fund those projects. An internet-based tracking system will be created so anyone can see how much money is dedicated to each project and how it is being spent. Will creating a TFA slow down the process of building the rail lines? No. The fact is that none of the rail lines on the map can be built until our region identifies funding. There are very few cities along the rail lines that can join a transportation authority because the sales tax cap has been met in nearly every city in the region. So, by using the TFA to raise revenue, the region can move to construction. Additionally, the TFA will pass along funds as the transportation authorities begin work. 7 Why are roadway improvements part of something called Rail North Texas? The primary focus of Rail North Texas is funding a passenger rail system. Because a previous effort to allow higher sales taxes on a city-by-city basis failed, the Regional Transportation Council began looking at other taxes and fees, all of which need to be implemented on at least a county-by-county basis to be successful and not unduly influence buying or living decisions. This means that taxes or fees could be imposed over DART residents. Not wanting to double tax anyone for the same service, local elected officials determined that funds generated in the DART service area could be used to build supplemental roadway projects. In addition, because a fee may be used in 12 counties, revenues for areas that do not yet have warranted rail projects could go to roadway projects. Why not just let the revenues go straight to the transportation authorities? There must be supreme confidence that the money generated will be used for the purposes stated at the time of the vote. The RTC and its staff have already developed this type of accounting system for the State Highway 121 toll road payment. In addition, because rail projects will cross county, and sometimes transportation authority, boundaries, it makes sense for a regional entity to administer the funds. Finally, because roadway projects will most likely be involved, a regional planning agency will already have established processes for transferring funds to either TOOT, cities, counties, or NTTA to implement projects. 8 Attachment 3 The Rail North Texas Initiative is: Not creating a new level of government or a fourth transit authority. Not collecting money in one county and spending it in another county. Not creating a "one size fits all" transportation solution. Not creating an additional organization to plan, finance, or construct projects. Not deciding for citizens on what they wish to do. Not double taxing the DART service area since revenue collected within one area will go to regional rail, accelerating current rail projects or to build other transportation projects. Not having construction fees or taxes stay on forever. Fees and taxes would only last the duration of the bond repayment period. Citizens would have to elect to build other projects. Not putting our future on the roadway system only. Not waiting on TxDOT or others to fund our needs. Not delaying projects which would result in higher and higher costs. Not following the current State and federal approach of raising revenues with no assurances that specific projects would advance. Attachment ~ ~ Iteration ~f ro'ects bayed on ~1 rein ue ~neecs, r. ~ ~ • ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ f, ~ f f 4 i 1 ) ~ S A. ~ ~ ~ ~ ~ 1 ! ~ ~ ~ ~ a` ~ ~ ~ ~ ~ A ; ~ ~ ~ y ~ 1 f, ~ ' f$) f 1 : ~ i ;f ~ i:l 1 i ~ 1' A 1~ 1 ~ ~ i~l~ f ~ f 1 Ir 3 Sktf~ j~ n~ ~ SA S 1 ~ f ~ Y f 1 M. i f f' 1 ~ 1 ~ ' ~ ' ' u a. 1 ~ ~ ~ ~ 1 ~ ~ f ~ 4 n :1 ) H ~ M 31 $ l ~ ' 1 ~ ~ V H.. ` ~ 1 fl ~ ~ ~ ~ ~ ~v Ifs 1 S ' ~ r ~ : 1 + ' ~ ~ ~ ~ ~ f ~ ~ 1 ~ ~ ' ~ ~ ~ ~ ~ ~ ~ ~ ~ Attachment 5 District-wide Local Voter Option DRAFT Outline - December 11, 2008 Version The bill shall authorize the eight Transportation Management Areas within Texas to form a Transportation Funding Area (TFA). The purpose of the TFA is to levy fees and taxes to generate revenue necessary to fund identified metropolitan area mobility needs. The metropolitan planning organization (MPO) policy making body may establish a TFA by a two thirds vote of its members following a public hearing. The boundary of the metropolitan planning area shall be the boundary of the TFA. If the metropolitan planning area boundary changes, the boundary of the TFA changes identically and simultaneously. If the metropolitan planning area boundary splits a county and the commissioners court of that county resolves that the entire county be included in the TFA, then the TFA boundary shall expand to include the entire county. The TFA shall be governed by a board of directors. The board of directors of the TFA shall be the MPO policy making body, unless the MPO policy making body elects not to serve as the TFA board of directors, in which case it may establish an alternative board of directors. At least two thirds of the membership of any alternative board of directors shall consist of local elected officials of cities and counties within the TFA. The bill shall authorize a TFA to: • Levy fees and taxes subject to voter approval • Issue debt • Fund operations, maintenance, capital and debt service expenses for passenger rail, transit, roadways and freight rail • Contract with transportation authorities or transportation providers to provide mobility services and implement projects The TFA shall use revenue generated from fees and taxes in a particular county to fund mobility needs in that county. The TFA may levy the following fees and taxes if approved by voters at an election on a date authorized by statute: • A vehicle registration fee, not to exceed $150 per vehicle per year • A motor fuels excise tax, not to exceed $0.10 per gallon • A mileage fee, not to exceed $0.01 per vehicle mile driven • A property tax, not to exceed $0.05 per $100 appraised value • A driver's license fee, not to exceed $50 • New resident impact (vehicle registration), not to exceed $250 1 For purposes of this bill, "subarea" will mean the geographical area of a county being represented by city and county elected officials and the public located within that county geographical area. The TFA shall use the established process and criteria of the MPO in identifying mobility needs and selecting projects to fund, using the following protocol: • The MPO issues a call for projects • Cities, counties, and transportation authorities within the TFA submit projects • The MPO evaluates and ranks projects on a subarea basis. Subarea roundtables of elected officials and technical staff provide input on project rankings and the taxes and fees needed to meet the highest ranked project needs • The MPO develops a ballot specific to each subarea within the MPO listing the highest ranked projects and recommended fees and taxes to generate revenue to fund the projects, correlating projects on the sample ballot to estimated revenues generated by fees and taxes levied on a subarea basis so that the fee and tax revenue generated in a particular county funds projects in that county • On a date authorized by the legislature, the TFA shall submit all ballots for voter approval. Ballot language adopted by the MPO policy board shall list: • the value of the bonds to be issued • each tax or fee to be levied, • the rate of each tax or fee to be levied, • the month and year in which the tax or fee levy shall begin, • the transportation operations, maintenance and capital projects to be funded, • the sources of revenue that will cease when capital projects are completed, and • the estimated time frame for the implementation of each project. The vote results shall be tabulated on a county basis. Fees and taxes will be levied only in a county in which a majority vote is cast in favor of the projects, fees and taxes listed on the ballot. The bill shall indemnify metropolitan areas: Metropolitan planning areas shall not be penalized in terms of losing traditional transportation funding by virtue of their establishing a TFA and their voters agreeing to pay additional transportation taxes or fees. TxDOT shall not reduce any allocation of traditional transportation funding to any of its districts by virtue of a district being in a metropolitan planning area that establishes a TFA and levies additional transportation taxes or fees. 2 Implementation of this legislation within the Dallas-Fort Worth region will be as follows': The primary focus of the TFA created will be to finance the design, construction, operations, and maintenance of passenger rail. Roadway improvements will be considered on a supplemental basis and to create equity for municipalities that are members of a transportation authority. The TFA will convene as the Regional Transportation Council and will initiate special meetings at least once a quarter to hear public comments on projects, taxes, or fees. These meetings shall be properly advertised. A subcommittee of the MPO policy making body will be created for the transportation authorities and transportation providers to monitor implementation and funding issues and coordinate system development. The TFA will not issue debt. Any necessary debt will be issued by transportation authorities and transportation providers. This bill will be implemented in accordance with Regional Transportation Council Resolution Updated R08-11 and Attachments 1-5. ' This process is modeled after the Regional Toll Revenue Funding Initiative. 3 i RESOLUTION sAlegal\our documents\resolutions\09\charter review committee.doc RESOLUTION NO. _ O A RESOLUTION CREATING A CHARTER REVIEW COMMITTEE TO CONSIDER AND ADVISE THE CITY COUNCIL WHETHER AND IN WHAT MANNER TO REVISE CITY CHARTER PROVISIONS GOVERNING MAYOR AND COUNCIL MEMBER TERMS OF SERVICE OR CHANGES OF POSITION DURING TERMS OF SERVICE ON THE CITY COUNCIL AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it would be advisable to create a citizens' Charter Review Committee to provide recommendations for potential changes in the current language of Article Il, Section 2.01 of the Denton City Charter and any other City Charter provisions directly impacting terms of service or changes of position of the Mayor or any council member; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. A citizens' Charter Review Committee shall be appointed to consider and advise the City Council of Denton whether and in what manner to revise the current City Charter provisions governing mayor and council member terms of service and/or changes of position during terms of service on Council. SECTION 2. The citizens' Charter Review Committee shall be composed of twenty-one (21) citizens of the community appointed by the Council, one of whom will serve as Chairperson. The Chairperson will be elected by majority vote of the Charter Review Committee. The Committee shall perform its functions in accordance with the intent of this Resolution. SECTION 3. The charge of the Committee is: "'To consider and advise the City Council of Denton whether and in what manner to revise the current City Charter provisions of Article 11, Section 2.01 of the Denton City Charter and any other City Charter provisions directly impacting terms of service or changes of position of the Mayor or any council member during terms of service on Council, and to do so in such a way that current council members do not benefit from the change." SECTION 4. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 17 day of '2009. /i 4MAA. B0RRO0UHS AYOR sAour documents\resolutions\09\charter review committee.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 4 DJA U~6A-2 APPR D A O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 1 BY: e Page 2 RESOLUTION FILE REFERENCE FORM R2009-006 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES Date Initials Amended by Resolution No. R2009-028 11/03/09 ) R sAour documents\resol utions\09\in vestment policy.doc RESOLUTION NO. b~ A RESOLUTION REVIEWING AND ADOPTING REVISIONS TO THE INVESTMENT POLICY REGARDING FUNDS FOR THE CITY OF DENTON; AND PROVIDING AN EFECTIVE DATE. WHEREAS, the City Council passed Resolution No. 96-061 on October 15, 1996, which adopted an Investment Policy for Funds for the City, in compliance with the Public Funds Investment Act, 74`h Leg., ch. 402, 1995 Tex. Sess. Law Serv. 2958 (Vernon) (TEX. GOV'T CODE Ann. Ch. 2256); and WHEREAS, by Resolution No. 97-026, passed by the City Council on June 10, 1997, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 97-077, passed by the City Council on December 16, 1997, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 98-067, passed by the City Council on December 15, 1998, the City's Investment Policy was reviewed and adopted; and WHEREAS, by Resolution No. 99-047, passed by the City Council on September 21, 1999, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2000-065, passed by the City Council on December 19, 2000, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2001-072, passed by the City Council on December 18, 2001, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2002-055, passed by the City Council on December 10, 2002, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2004-008, passed by the City Council on February 3, 2004, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2005-008, passed by the City Council on February 22, 2005, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2005-047, passed by the City Council on November 15, 2005, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2007-028, passed by the City Council on September 25, 2007, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2008-009, passed by the City Council on March 4, 2008, the City's Investment Policy was amended; and sAour documents\resolutions\09\investment policy.doc WHEREAS, the City Council desires to revise the Investment Policy in order to reflect changes in the Public Funds Investment Act (PFIA), as well as incorporate needed administrative and procedural modifications which have occurred over time; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council has reviewed the attached City of Denton Investment Policy, which contains the City's investment policies and investment strategies for each of the funds under its control and hereby adopts the attached Investment Policy, which is made a part of this Resolution for all purposes. SECTION 2. The City Council authorizes the City's designated Investment Officers to revise the Investment Policy in order to reflect changes in the Public Funds Investment Act (PFIA), as well as incorporate needed administrative and procedural modifications which have occurred over time. SECTION 3. All resolutions or parts of resolutions in force when the provisions of this Resolution became effective which are inconsistent or in conflict with the terms or provisions contained in this Resolution are hereby repealed to the extent of any such conflict only. The non-conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect. SECTION 4. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Resolution No. 96-061, Resolution No. 97-026, Resolution No. 97-077, Resolution No. 98-067, Resolution No. 99-047, Resolution No. 2000-065, Resolution No. 2001-072, Resolution No. 2002-055, Resolution No. 2004-008, Resolution No. 2005-008, Resolution No. 2005-047, Resolution No. 2007-028, and Resolution No. 2008-009 shall remain in full force and effect. SECTION 5. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the , day of '2009. M A. URR G S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 14 L_ I I )a ~ h~ 4-1) APPR ED i A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY zl~, BY: Page 2 of 2 CITY OF DENTON Page 1 of 15 POLICY/ADAHMSTRATIVE PROCEDURE/ADM MSTRATIVE DIRECTIVE SECTION: FINANCE POLICIES REFERENCE NUMBER: 403.06 INITIAL EFFECTIVE DATE: SUBJECT: INVESTMENTS 02/17/87 REVISION DATE: TITLE: INVESTMENT POLICY 03/03/09 1. PURPOSE It is the objective of the City of Denton to invest public funds in a manner which will provide maximum security and the best commensurate yield while meeting the daily cash flow demands of the City and conforming to all federal, state and local statutes, rules and regulations governing the investment of public funds. This Policy serves to satisfy the statutory requirements of defining and adopting a formal investment policy. The Policy and investment strategies shall be reviewed annually by the Investment Committee and City Council who will formally approve any modifications. This Investment Policy, as approved, is in compliance with the provisions of the Public Funds Investment Act of Tex. Gov't. Code Chapter 2256. H. SCOPE A. This Investment Policy applies to the investment activities of the City of Denton, Texas. The specific funds cited hereafter in Section IID, shall be excluded from this Investment Policy. All financial assets of all funds, including the General Fund and any other accounts of the City not specifically excluded in these policy guidelines are included. These funds are accounted for in the City's Comprehensive Annual Financial Report (CAFR). These funds, as well as funds that may be created from time-to-time, shall be administered in accordance with the provisions of this Policy. All funds will be pooled for investment purposes. Currently the City employs a strategy developed for this pooled fund group that addresses the varying needs, goals, and objectives of each fund by dividing blocks of securities into particular funds and employing inter-fund sales and purchases. Although not currently implemented, it is the City's objective to combine the majority of its fund groups into an internal investment pool to facilitate investment management and allow for a more equitable allocation of interest earnings. This Policy is written with this goal in mind. Until an internal investment pool is realized, the City will continue with its current fund allocation process. In addition to this Policy, the investment of bond proceeds and other bond funds (including debt service and reserve funds) shall be governed and controlled by their governing ordinance and by the provisions of the Tax Reform Act of 1986, including all regulations and rulings promulgated there under applicable to the issuance of tax-exempt obligations. B. Funds covered by this Policy and managed as a pooled fund group: 1. General Fund - used to account for resources traditionally associated with government, which are not required to be accounted for in another fund. 2. Special Revenue Funds - used to account for the proceeds from specific revenue sources which are restricted to expenditures for specific purposes. Page 2 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADM NISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 3. Debt Service Fund used to account for resources to be used for the payment of principal, interest and related costs on general obligation debt. 4. Capital Project Funds - used to account for resources to enable the acquisition or construction of major capital facilities which are not financed by enterprise funds, internal service funds, or trust funds. 5. Enterprise Funds - used to account for operations that are financed and operated in a manner similar to private business enterprises. 6. Internal Service Funds - used to account for the cost of providing goods or services between City departments. 7. Trust and Agency Funds - used to account for assets held by the City in a trustee capacity or as an agent for individuals, private organizations, other governments, and/or other funds. 8. New funds available for investment by the City, such as (but not limited to) resources associated with Public Improvement Districts or Tax Increment Financing zones, unless specifically excluded herein. C. Funds covered by this Policy and managed as separately invested assets: 1. Bond Funds - funds established with the proceeds from specific bond issues when it is determined that segregating these funds from the pooled funds' portfolio will result in maximum interest earning retention under the provisions of the Tax Reform Act of 1986. 2. Bond Reserve Funds - funds set at prescribed levels by certain bond ordinances to pay principal and/or interest if required to prevent default. 3. Endowment Funds - funds given to the City with the instructions that the principal is to remain intact, unless otherwise agreed to, and the income generated by the investments will be used for specified purposes. D. This policy shall not govern funds, which are managed under separate investment programs in accordance with the Tex. Gov't. Code Sec. 2256.004. Such programs currently include all funds related to employee retirement programs, other funds established by the City for deferred employee compensation, and certain private donations. The City shall and will maintain responsibility for these funds to the extent required by Federal and State Law, the City Charter, and donor stipulations. III. INVESTMENT OBJECTIVES & STRATEGIES It is the policy of the City that, giving due regard to the safety and risk of investments, all available funds shall be invested in conformance with State and Federal Regulations, applicable Bond Ordinance requirements, adopted Investment Policy and adopted Investment Strategies. In accordance with the Public Funds Investment Act, the following prioritized objectives (in order of importance) in accordance with the Tex. Gov't. Code Sec. 2256.005(d) apply for each of the City's investment strategies. Page 3 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 A. Suitability - Understanding the suitability of the investment to the financial requirements of the City is important. Any investment eligible in the Investment Policy is suitable for all City funds. B. Safety - Preservation and safety of principal are the primary objectives of the Investment Policy. All investments will be in high quality securities with no perceived default risk. C. Liquidity - The City's investment portfolio will remain sufficiently liquid to meet operating requirements that might be reasonably anticipated. Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets. Short-term investment pools and money market mutual funds provide daily liquidity and may be utilized as a competitive yield alternative to fixed income investments. D. Marketability - Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Historical market "spreads" between the bid and offer prices of a particular security type of less than a quarter of a percentage point shall define an efficient secondary market. E. Diversification - Investment maturities shall be staggered throughout the budget cycle to provide cash flow based on the anticipated needs of the City. Diversifying the appropriate maturity structure will reduce market cycle risk. F. Yield - Attaining a competitive market yield, commensurate with the City's investment risk constraints and the cash flow characteristics of the portfolio, is the desired objective. The goal of the City's investment portfolio is to regularly meet or exceed the average rate of return on U.S. Treasury Bills at a maturity level comparable to the portfolio's weighted average maturity in days. The yield of an equally weighted, rolling six-month Treasury Bill portfolio shall be the minimum yield objective or "benchmark". Six-month U.S. Treasury Bill information is derived from the Federal Reserve Statistical Release H.15 for constant maturities. A secondary objective will be to obtain a yield equal to or in excess of a local government investment pool or money market mutual fund. The first measure of success in this area will be the attainment of enough income to offset inflationary increases. Although steps will be taken to obtain this goal, the City's staff will follow the "Prudent Person" statement relating to the standard of care that must be exercised when investing public funds as expressed in the Tex. Gov't. Code Sec. 2256.006(a-b). The Investment Officers shall avoid any transactions that might impair public confidence in the City's ability to govern effectively. The governing body recognizes that in diversifying the portfolio, occasional measured unrealized losses due to market volatility are inevitable, and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented. The prudence of the investment decision shall be measured in accordance with the tests set forth in the Tex. Gov't. Code Sec. 2256.006(b). IV. INVESTMENT STRATEGY FOR SPECIFIC FUND GROUPS In order to better diversify, maximize interest earnings and otherwise meet stated objectives, fund groups may be combined into one or more internal investment pools. Although fund monies may be combined into a single asset portfolio, proportional fund ownership will be accounted for Page 4 of IS POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 separately. The City maintains separate portfolios for some individual funds or groups of funds (as listed under Section II) that are managed in accordance with the terms of this Policy and by the corresponding investment strategies listed below. (It should be noted that until an internal investment pool is realized, the City will continue with its current fund allocation process.) A. Investment Pool Strategy - The City's Investment Pool is an aggregation of the majority of City funds which includes tax receipts, enterprise fund revenues, fine and fee revenues, as well as some, but not necessarily all, bond proceeds, grants, gifts and endowments. This portfolio is maintained to meet anticipated daily cash needs for the City's operations, capital projects and debt service. In order to ensure the ability of the City to meet obligations and to minimize potential liquidation losses, the dollar-weighted average stated maturity of the Investment Pool shall not exceed 1.5 years or 550 days. The objectives of this portfolio are to: 1. Ensure safety of principal by investing in only high quality securities for which a strong secondary market exists. 2. Ensure that anticipated cash flows are matched with adequate investment liquidity. 3. Limit market and credit risk through diversification. 4. Attain the best feasible yield commensurate with the objectives and restrictions set forth in this Policy by actively managing the portfolio to meet or exceed the six month moving average yield on a six month U.S. Treasury Bill as derived from the Federal Reserve Statistical Release H.15 for constant maturities. B. Bond Funds Strategy - Occasionally, separate non-pooled portfolios are established with the proceeds from bond sales in order to maximize earnings within the constraints of arbitrage regulations. The objectives of the portfolios are to: 1. Ensure safety of principal by investing in only high quality securities for which a strong secondary market exists. 2. Ensure that anticipated cash flows are matched with adequate investment liquidity. 3. Limit market and credit risk through diversification. 4. Attain the best feasible yield commensurate with the objectives and restrictions set forth in this Policy and the bond ordinance by actively managing the portfolio to meet or exceed the bond yield. C. Bond Reserve Fund Strategy - Non-pooled reserve funds for outstanding- revenue bonds are set at levels required by their respective bond ordinances. These funds will be used to pay principal and/or interest, if required, to prevent default. Securities should be of high quality and, except as may be required by the bond ordinance specific to an individual issue, of short to intermediate-term maturities with stated final maturities not exceeding five (5) years or a dollar weighted average maturity of 650 days or less. The objectives of the portfolios are to: 1. Ensure safety of principal by investing in only high quality securities for which a strong secondary market exists. Page 5 of 15 POLICY/ADM MSTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 2. Create a dependable revenue stream from securities with a low degree of volatility. 3. Limit market and credit risk through diversification. 4. Attain the best feasible yield commensurate with the objectives and restrictions set forth in this Policy and the bond ordinance by actively managing the portfolio to meet or exceed the bond yield. D. Endowment Fund Strategy - Funds received as gifts to the City with instructions that the income generated by the investment of said funds be used for specified purposes are invested as separate non-pooled portfolios in order to maximize return. The objectives of the portfolios are to: 1. Ensure safety of principal by investing in only high quality securities for which a strong secondary market exists. 2. Ensure that anticipated cash flows are matched with adequate investment liquidity. 3. Limit market and credit risk through diversification. 4. Attain the best feasible yield commensurate with the objectives and restrictions set forth in this Policy. V. INVESTMENT COMMITTEE Members - The Investment Committee will consist of the City Manager, Assistant City Manager, Director of Finance, Mayor, and one member of the City Council. Scope - The Investment Committee shall meet at least quarterly to determine general strategies, investment guidelines and to monitor results. Included in its deliberations will be such topics as: economic outlook, portfolio diversification, maturity structure, potential risk to the City's funds, authorized broker/dealers (if applicable), and the target rate of return on the investment portfolio. Procedures - The Investment Committee shall provide minutes of its meetings. Any two members of the Investment Committee may request a special meeting, and four members shall constitute a quorum. The Investment Committee shall establish its own rules of procedures. VI. RESPONSIBILITY AND STANDARD OF CARE A. Delegation & Training - The management responsibility for the investment program is delegated to the Director of Finance, who shall establish written procedures for the operation of the investment program, consistent with this Investment Policy. Such procedures shall include explicit delegation of authority to the individual(s) responsible for investment transactions. The primary individual who shall be involved in investment activities will be the Treasury & Debt Manager. The Treasury & Debt Manager may delegate the day to day activities to a responsible individual(s) who has received the appropriate training required by state statute. The Assistant City Manager and Director of Finance are designated as the Investment Officers, pursuant to Tex Gov't. Code Sec. 2256.005(f). Accordingly, the Investment Officers and persons authorized to execute investment transactions shall attend at least one training session relating to their responsibilities under the Public Funds Investment Act within 12 months after assuming duties and receive no less than 10 hours of instruction Page 6 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE F,TLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 relating to investment functions every two years. The training must include education in investment controls, security risks, strategy risks, market risks, and compliance with the Public Funds Investment Act. The investment training session shall be provided by an independent source approved by the Investment Committee. For purposes of this policy, an "independent source" from which investment training shall be obtained shall include a professional organization, an institute of higher learning or any other sponsor other than a business organization with whom the City may engage in an investment transaction. Thus, these independent sources will be training sessions sponsored by the Government Treasurers Organization of Texas (GTOT), Center For Public Management at the University of North Texas (UNT), Government Finance Officers Association of Texas (GFOAT), Texas Municipal League (TML), North Central Texas Council of Governments (NCTCOG), Association of Public Treasurers United States & Canada (APT US & C), and Government Finance Officers' Association (GFOA). No persons may engage in investment transactions except as provided under the terms of this Policy. The Assistant City Manager shall require an annual compliance review by an external auditor that will consist of an audit of management controls on investments, adherence to the City's Investment Policy and a review of the quarterly investment reports. The reviews will provide internal control by assuring compliance with policies and procedures. The Assistant City Manager, Director of Finance, Mayor, City Council, City Manager and other Finance employees shall be personally indemnified in the event of investment loss provided the Investment Policy has been followed. B. Conflicts of Interest - All participants in the investment process shall seek to act responsibly as custodians of public assets. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. C. Disclosure - Anyone involved in investing City funds shall file with the Investment Committee a statement disclosing any personal business relationship with a business organization offering to engage in investment transactions with the City or is related within the second degree by affinity or consanguinity as determined under the Tex. Gov't. Code Ch. 573, to an individual seeking to transact investment business with the City. A disclosure statement must also be filed with the Texas Ethics Commission and the City Council. An Investment Officer or other employee has a personal business relationship with a business organization if any one of the following three conditions are met: 1. The Investment Officer or employee owns 10% or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization. 2. Funds received by the Investment Officer or . employee from the business organization exceed 10% of the investment officers gross income for the prior year. 3. The Investment Officer or employee has acquired from the business organization during the prior year investments with a book value of $2,500 or more for their personal account. D. Prudence - The standard of prudence to be used by the investment officials shall be the "Prudent Person Rule", as set forth in Tex. Gov't. Code Sec. 2256.006 and will be applied in the context of managing an overall portfolio: "Investments shall be made with judgment Page 7 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 and care under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." Investment officials acting in accordance with the Investment Policy and exercising due diligence shall be relieved of personal responsibilities for an individual security's credit risk or market price change, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. In determining whether an investment official has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration the investment of all funds over which the official had responsibility rather than consideration as to the prudence of a single investment and, whether, the investment decision was consistent with the City's Investment Policy. E. Reporting Quarterly - Not less than quarterly, the Director of Finance shall submit to the Investment Committee and City Council a written report of the City's investment transactions within one hundred twenty (120) days of the preceding reporting period. The report shall: 1) describe in detail the investment position of the City as of the end of the reporting period, 2) be prepared jointly by all Investment Officers, 3) be signed by each Investment Officer, 4) contain a summary statement, prepared in compliance with generally accepted accounting principles, of each pooled fund group including a) beginning market value for the reporting period; b) additions and changes to the market value during the period; c) ending market value for the period; and d) fully accrued interest for the reporting period, 5) state the book value and market value of each separately invested asset at the beginning and end of the reporting period by type of asset and fund type invested, 6) state the maturity date of each separately invested asset that has a maturity date, 7) state the account or fund or pooled fund group for which each individual investment was acquired, and 8) state the compliance of the investment portfolio as it relates to the investment strategy expressed in the Investment Policy and with relevant provisions of the Tex. Gov't. Code Ch. 2256. Annually - The City Council shall review and approve the Investment Policy and investment strategies at least annually and be documented by rule, order, ordinance or resolution which shall include any changes made. Compliance Audit - The City's external, independent auditor will conduct an annual review of the quarterly reports in conjunction with the annual financial audit. The results of the audit will be reported to City Council. The audit will also review compliance with management controls on investments and adherence to this Policy. F. The guidelines of retaining records for seven years as recommended in the Texas State Library Municipal Records Manual should be followed. The Director of Finance shall oversee the filing and/or storing of investment records. G. Market prices for all public fund investments will be obtained and monitored through the use of Interactive Data Inc., an on-line data service or a similar qualified successor agency. POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 8 of 15 TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 VII. SUITABLE AND AUTHORIZED INVESTMENT SECURITIES A. Active Portfolio Management - The City intends to pursue an active versus a passive investment management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. (Refer to Section VIII of this Policy.) In addition, the Investment Officers may at times restrict or prohibit the purchase of specific types of investments or issuers due to current market conditions. The City shall take all prudent measures consistent with this Investment Policy to liquidate an investment that no longer meets the required minimum rating standards, as per the Tex. Gov't. Code Sec. 2256.021. However, if it is determined by the Investment Committee that the City would benefit from holding the securities to maturity to recapture its initial investment then the Investment Officers may act accordingly. The City is not required to liquidate investments that were authorized investments at the time of purchase. (Tex Gov't. Code Sec. 2256.017) B. Authorized Investments - City funds governed by this Policy may be invested in the instruments described below, all of which are authorized by the Public Funds Investment Act. 1. Direct obligations of the United States of America, its agencies and instrumentalities (maturing in less than five (5) years). 2. Other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the United States of America (maturing in less than five (5) years). 3. Direct obligations of the State of Texas or its agencies thereof, Counties, Cities and other political subdivisions rated as to investment quality by a nationally recognized investment rating firm not less than AA or its equivalent (maturing in less than two (2) years). 4. Other obligations , the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the State of Texas, rated as to investment quality by a nationally recognized investment rating firm not less than AA or its equivalent (maturing in less than two (2) years). 5. Fully insured or collateralized certificates of deposit/share certificates issued by state and national banks or savings bank or a state or federal credit union (having its main or branch office in Texas) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; and secured by obligations in accordance with Section XII herein (maturing in less than two (2) years). In addition to the City's authority to invest funds in certificates of deposit and share certificates stated above, an investment in certificates of deposit made in accordance with the following conditions is an authorized investment under Tex. Govt. Code Sec. 2256.010 (b): (1) the funds are invested by the City through a depository institution that has its main office or a branch office in this state and that is selected by the City; (2) the depository institution selected by the City under Subdivision (1) arranges for Page 9 of 15 POLICY/ADMIIVISTRATIVE PROCEDURE/ADM MSTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located for the account of the City; (3) the full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; (4) the depository institution selected by the City under Subdivision (1) acts as custodian for the City with respect to the certificates of deposit issued for the account of the City; and (5) at the same time that the funds are deposited and the certificates of deposit are issued for the account of the City, the depository institution selected by the City under Subdivision (1) receives an amount of deposits from customers of other federally insured depository institutions, wherever located, that is equal to or greater than the amount of the funds invested by the City through the depository institution selected under Subdivision (1). 6. Fully collateralized repurchase agreements provided the City has on file a signed Master Repurchase Agreement, approved by the City Attorney, which details eligible collateral, collateralizations ratios, standards for collateral custody and control, collateral valuation, and conditions for agreement termination. The repurchase agreement must have a defined termination date and be secured by obligations in accordance with Section XII of this Policy. It is required that the securities purchased by the City be assigned to the City, held in the City's name and deposited at the time the investment is made with the City or with a third party selected and approved by the City. Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve or a financial institution doing business in this State (termination date must be thirty (30) days or less). 7. Commercial paper that has a stated maturity of 270 days or less from the date of issuance and is rated A-1 or P-1 or an equivalent rating by at least two nationally recognized rating agencies. 8. Public (Local) Fund Investment Pools with a dollar weighted average maturity of 60 days or less. The pool must be approved (by resolution) by the City Council to provide services to the City. The pool must be continuously rated no lower than Aaa or AAAm or at an equivalent rating by at least one nationally recognized rating service. A public funds investment pool created to function as a money market mutual fund must mark to market daily and stabilize at a $1 net asset value. To be eligible to receive funds from and invest funds on behalf of the City, an investment pool must furnish to the Investment Officer or other authorized representative an offering circular or other similar disclosure instrument that contains information required by the Tex. Gov't. Code Sec. 2256.016. Investments will be made in a local government investment pool only after a thorough investigation of the pool and approval by the Investment Committee which shall at least. annually review, revise and adopt the local government investment pool(s). 9. A Securities and Exchange Commission (SEC) registered, no load money market mutual fund which has a dollar weighted average stated maturity of 90 days or less and whose investment objectives includes the maintenance of a stable net asset value of $1 for each share. Furthermore, it must be rated not less than Aaa, AAAm or an equivalent rating by at least one nationally recognized rating service and the City must be provided with a prospectus and other information required by the SEC Act of 1934 or the Investment Company Act of 1940. Investments will be made in a money POLIMADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 10 of 15 TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 market mutual fund only after a thorough investigation of the fund and approval by the Investment Committee which shall, at least annually, review, revise and adopt the money market mutual fund(s). C. Prohibited Investments - The City's authorized investment options are more restrictive than those allowed by state law. Furthermore, this Policy specifically prohibits investment in the securities listed below: 1. Obligations, whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal. 2. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest. 3. All collateralized mortgage obligations. 4. Reverse repurchase agreements. D. Diversification - It is the policy of the City to diversify its investment portfolios. The diversification will protect interest income from the volatility of interest rates and the avoidance of undue concentration of assets in a specific maturity sector; therefore, portfolio maturities shall be staggered. In establishing specific diversification strategies, the following general policies and constraints shall apply: 1. Risk of market price volatility shall be controlled through maturity diversification and by controlling unacceptable maturity extensions and a mismatch of liabilities and assets. The maturity extension will be controlled by limiting the weighted average maturity of the internal investment pool portfolio to 550 days and the bond reserve fund to 650 days. All long-term maturities will be intended to cover long-term liabilities. In addition, at least five (5%) percent of the funds in the investment pool portfolio will be liquid at all times. 2. The Investment Committee shall establish strategies and guidelines for the percentage of the total portfolio that may be invested in U.S. Treasury Securities, federal agencies/instrumentalities, repurchase agreements, and insured/collateralized certificates of deposit and other securities or obligations. The Investment Committee shall conduct a quarterly review of these guidelines, and shall evaluate the probability of market and default risk in various investment sectors as part of its considerations. 3. Risk of principal loss in the portfolio as a whole shall be minimized by diversifying investment types according to the following limitations: Investment Tune % of Portfolio • U.S. Treasury Notes/Bills 100% • U.S. Agencies & Instrumentalities 100% • State of Texas Obligations, Agencies & Local Gov't. 15% • Local Government Investment Pools 50% . POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 1 1 of 15 [TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 • Repurchase Agreements 20% • Certificates of Deposit (fully insured or collateralized) 35% • U.S. Money Market Mutual Fund 35% • Callable U.S. Agencies/Instrumentalities 20% • Commercial Paper 5% By Institution: Repurchase Agreements No more than 10% All Other No more than 35% 4. Purchases of securities with stated maturities greater than the maximum authorized under this section require prior City Council approval. With respect to bond proceeds, the City may specifically authorize in the bond ordinance investments in repurchase agreements with maturities in excess of 30 days subject to any required approvals from bond insurers. VIII. SALE OF SECURITIES The City's policy is to hold all securities to maturity. However, securities may be sold to minimize the potential loss of principal on a security whose credit quality has declined, to swap into another security which would improve the quality, yield or target duration of the portfolio or to meet unanticipated liquidity needs of the portfolio. A horizon analysis is required for.each swap proving benefit to the City before the trade decision is made, and will be held in the file for record keeping. IX. COMPETITIVE BIDDING It is the policy of the City to require competitive bidding for all individual security purchases and sales except for: A. Transactions with money market mutual funds and local government investment pools which are deemed to be made at prevailing market rates. B. Treasury and agency securities purchased as new issues through an approved broker/dealer, financial institution or investment advisor. C. Automatic overnight "sweep" transactions with the City's depository bank. At least three bids or offers must be solicited for all other transactions involving individual securities. The City's investment advisor is also required to solicit at least three bids or offers when transacting trades on the City's behalf. In situations where the exact security is not offered by other broker/dealers, offers on the closest comparable investment may be used to establish a fair market price for the security. The quotes may be accepted orally, in writing, electronically, or any combination of these methods. The Investment Committee may approve exceptions on a case by case basis or on a general basis in the form of guidelines. These guidelines shall take into consideration the investment type, maturity date, amount and potential disruptiveness to the City's investment strategy. Page 12 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 X. ARBITRAGE The Tax Reform Act of 1986 provided limitations restricting the City's investing of tax-exempt General Obligation Bond proceeds and debt service income. Revised arbitrage rebate provisions require that the City compute earnings on investment from each issue of bonds on an annual basis to determine if a rebate is required. To determine the City's arbitrage position, the City is required to perform specific calculations relative to the actual yield earned on the investment of the funds and the yield that could have been earned if the funds had been invested at a rate equal to the yield on the bonds sold by the City. The rebate provision states that periodically (not less than once every five years, and not later than sixty days after maturity of the bonds), the City is required to pay the U.S. Treasury a rebate of excess earnings based on the City's positive arbitrage position. The Tax Reform restrictions require precision in the monitoring and recording facets of investments as a whole, and particularly as they relate to yields and computations so as to insure compliance. Failure to comply may dictate that the bonds become taxable, retroactively from the date of issuance The City's investment position, relative to the revised arbitrage restrictions, is the continued pursuit of maximizing yield on applicable investments while ensuring the safety of capital and liquidity. It is fiscally prudent to continue the maximization of yield and rebate excess earnings, if necessary. XI. SELECTION OF BANKS, BROKER/DEALERS AND INVESTMENT ADVISORS A. Depository - City Council shall, by ordinance, "select and designate one or more banking institutions as the depository for the monies and funds of the City" in accordance with the requirement of Tex. Loc. Gov't. Code Ch. 105. At least every five years a depository shall be selected through the City's banking services procurement process, which shall include a formal request for proposal (RFP). The selection of a depository will be determined by competitive bid and evaluation of bids will be based on the following criteria: 1. Qualified as a depository for public funds in accordance with state and local laws. 2. Provided requested information or financial statements for the periods specified. 3. Complied with all requirements in the banking RFP. 4. Completed responses to all required items on the bid form. 5. Offered lowest net banking service cost, consistent with the ability to provide an appropriate level of service. 6. Met credit worthiness and financial standards. B. Investment Broker/Dealers - The Investment Committee shall be responsible for adopting the list of qualified brokers/dealers and financial institutions authorized to engage in investment transactions with the City. Authorized firms may include primary dealers or regional broker/dealers that qualify under SEC Rule 150-1 (uniform net capital rule) and qualified depositories as established by the Tex. Loc. Gov't. Code Ch. 105. The Investment Committee shall base its evaluation of security broker/dealers and financial institutions upon: I. Financial condition, strength and capability to fulfill commitments. POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 13 of 15 E E: INVESTMENT POLICY REFERENCE NUMBER: 403.06 2. Overall reputation with other broker/dealers or investors. 3. Regulatory status of the broker/dealer. 4. Background and expertise of the individual representatives. 5. Ability to provide additional advisory services. The Investment Committee must annually review the list of qualified broker/dealers authorized to engage in investment transactions with the City. Investment Officers, or their authorized representatives, shall not conduct business with any firm with whom public entities have sustained realized losses on investments or whose name the Investment Committee has removed from an approved list. C. Investment Advisor - The City may retain the services of an investment advisory firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to assist in the review of cash flow requirements, the formulation of investment strategies, and the execution of security purchases, sales and deliveries. The investment advisory contract with the City may not be for a term longer than two years and its renewal or extension must be approved by the City Council by ordinance or resolution as required by the Tex. Gov't. Code Sec.2256.003(b). D. Compliance - A qualified representative from any firm offering to engage in investment transactions with. the City is required to sign a written instrument upon receiving and reviewing a copy of the City's Investment Policy. Investments shall only be made with those business organizations (including money market mutual funds and local government investment pools) which have provided the City with this written instrument executed by a qualified representative of the firm, acknowledging that the business organization has: I. Received and reviewed the City's Investment Policy. 2. Implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the City and the organization that are not authorized by the City's Investment Policy, except to the extent that this authorization is dependent on an analysis of the makeup of the City's entire portfolio or requires an interpretation of subjective investment standards. XH. COLLATERALIZATION, SAFEKEEPING AND CUSTODY A. Collateralization - The City requires that all uninsured collected balances plus accrued interest, if any, in depository accounts be secured in accordance with the requirements of state law. Financial institutions serving as City depositories will -be required to sign a depository agreement with the City which details eligible collateral, collateralization ratios, standards for collateral custody and control, collateral valuation, rights of substitution and conditions for agreement termination. The City requires that all securities purchased under the terms of a repurchase agreement be assigned to the City in accordance with state law. Dealers and financial institutions wishing to transact repurchase agreements with the City will be required to sign a Master Repurchase Agreement which details eligible collateral, collateralization ratios, standards for collateral Page 14 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 custody and control, collateral valuation, rights of substitution, and conditions for agreement termination. The City requires that all uninsured certificates of deposit plus accrued interest held with a depository be secured in accordance with the requirements of state law. Financial institutions will be required to sign a written depository and security agreement which stipulates eligible collateral collateralization rations, standards for collateral custody and control, collateral valuation, rights of substitution, and conditions for agreement termination. Collateral will always be held by an independent third party with which the City has a current custodial agreement and shall be reviewed at least monthly to ensure that the market value of the pledged securities is adequate. All deposits and investments of City funds, other than direct security purchases, money market mutual funds and local government investment pools shall be secured by pledged collateral set at no less than 102 percent of the market value of the principal and accrued interest on the deposits or investments less an amount insured by FDIC. Eligible collateral to secure the City's deposits include: 1. Direct obligations of the United States government. 2. Other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the United States government. 3. Direct obligations of agencies or instrumentalities of the United States government, including letters of credit. The City will reject adjustable rate mortgages (ARMS), collateralized mortgage obligations (CMOs), Step-ups, variable rate securities or securities that are not found on common pricing systems. B. Safekeeping and Custody - Safekeeping and custody of the City's investment securities shall be in accordance with state law. All security transactions, except local government investment pool and money market mutual fund transactions, shall be conducted on a delivery versus payment (DVP) basis. Investment securities will be held by a third party custodian designated by the City, and be required to issue safekeeping receipts clearly detailing that the securities are owned by the City. Safekeeping and custody of collateral shall be in accordance with state law. Collateral will be held by a third party custodian designated by the City, and pledged to the City as evidenced by safekeeping receipts from the institution holding the securities. C. Subject to Audit - All collateral shall be subject to inspection and audit by the Director of Finance, or designee, as well as the City's independent auditors. IOII. MANAGEMENT AND INTERNAL CONTROLS Controls shall be designed to prevent losses of public funds arising from fraud, employee error, and misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees or Investment Officers of the City. Page 15 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE FITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 Controls and managerial emphasis deemed most important that shall be employed include the following: Imperative Controls - Custodian safekeeping receipts records management - Avoidance of bearer-form securities - Documentation of investment bidding events - Written confirmation of telephone transactions - Reconcilements and comparisons of security receipts with the investment records - Compliance with Investment Policy - Verification of all interest income and security purchase and sell computations Controls Where Practical - Control of Collusion - Separation of duties - Separation of transaction authority from Accounting and Record-keeping - Clear delegation of authority - Accurate and timely reports - Validation of investment maturity decisions with supporting cash flow data - Adequate training and development of Investment Officials - Review of financial conditions of all brokers/dealers, and depository institutions - Staying informed about market conditions, changes and trends that require adjustments to investment strategies. XIV. INVESTMENT POLICY ADOPTION The Investment Policy shall be formally approved and adopted by resolution of the City Council and reviewed annually in accordance with the provisions of the Public Funds Investment Act of the Texas Government Code Chapter 2256. RESOLUTION \\codad\departments\legaPour documents\resolutions\09\parks, recreation and trail system master plan.doc RESOLUTION NO. Q 69- Q') A RESOLUTION ADOPTING THE CITY OF DENTON PARKS, RECREATION AND TRAILS SYSTEM MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 3, 2008, the Parks and Recreation Board recommended approval of the Parks, Recreation and Trails System Master Plan; and WHEREAS, the City Council finds that it is in the public interest to adopt this Parks, Recreation and Trails System Master Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas hereby adopts the City of Denton Parks, Recreation and Trails System Master Plan. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the3Ad day of 2009. MARK A. URR GH AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY J BY: 41 dl ill n ~ t ilk: N °I'UN TTI r~ r i r, ~f ~ ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ ~is ` ~ yf ~ E` r 7A L~ OF CONTENTS ACKNOWLEDGEMENTS ..............................................................................................................................2 INTRODUCTION .............................................................................................................................................4 REGIONAL LOCATION MAP ........................................................................................................................6 PURPOSE OF THE PLAN ..............................................................................................................................8 METHODOLOGY ..........................................................................................................................................10 INVENTORY ...................................................................................................................................................12 Inventory Matrix (Spreadsheet) .......................................................................................................52 Existing Parks Map ............................................................................................................................53 POPULATION CHARACTERISTICS & DEMOGRAPHICS ...................................................................55 PUBLIC INPUT & NEEDS ASSESSMENT ................................................................................................59 STANDARDS ANALYSIS .............................................................................................................................73 Service Area Maps .............................................................................................................................81 TRAILS ............................................................................................................................................................85 Proposed/Potential Trail Map ........................................................................................................101 RECOMMENDATIONS/PRIORITIES FOR MASTER PLAN ...............................................................102 Ten Year Action Plan .......................................................................................................................108 Funding Methods ...........................................................................................................................1 16 APPENDIX .................................................................................................................................................123 Citizen Survey .................................................................................................................................124 Texas Local Park Grants Program Manual ........................................................................127 r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r City Council Jacobs Carter Burgess Mark Burroughs - Mayor Philip Neeley, ASLA, Project Director Mayor Pro Tem, At Large Place 5 - Pete Kamp Britt S. Flaten, ASLA, Project Manager Council Member, District 1 - Charlye Heggins Council Member, District 3 - Jack Thomson National Service Research Council Member, District 4 - Chris Watts Andrea Thomas, Owner/Project Manager Council Member, District 2 - Rudy Moreno Council Member at Large Place 6 - Joe Mulroy Parks and Recreation - Advisory Board Jo Kuhn - Chairperson Reginald Heard -Vice-Chairperson Carol Brantley Allyson Coe Dale Conway Ross Richardson Jennifer Wages City Administration George C. Campbell - City Manager Fred Greene - Assistant City Manager Jon Fortune - Assistant City Manager Howard Martin - Assistant City Manager Park and Recreation Staff Emerson Vorel - Director Amanda Green - Assistant Director Cynthia Mayo - Landscape Architect - RLA, ASLA Jim Mays - Parks Superintendent RobertTickner- Planning Superintendent Kathy Schaffer - Leisure Services Superintendent o ~ r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf k` r INTRODUCTION " Fnr-iching lives and b"ildin9 community through the stewardship of public parks and open space, and diverse recreational opportunities that foster life-long wellness, creativity and learning. " Denton is an unique community whose _k diversity gives it strength. This uniqueness is a point of community pride, and it is the goal of the City to insure that growth, development and the use of community resources foster, y encourage and promote the preservation r t t of this vital quality. This is present in the N "F Parks and Recreation Department's mission t1i statement, "Enriching lives and building a r ~r community through the stewardship of public K parks and open space, and diverse recreational r r 1 opportunities that foster life-long wellness, E creativity and learning." za , Over the last nine years Denton has grown from a 77,300 populated community to a i `~f `'mil`-✓r+1~1'.'-Y ..i ~t. , 115,506. The city has grown by approximately _ l 38,000 individuals, that is a 49% increase in r 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 Denton's parks. This is an important point to be considered. All communities should have a number of different types of parks.This section also covers suggested facility development standards. The Trail section offers up 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. F ~ i r J~ l~ fr ~ f~ f 1 V ~ ~ ~fi rF i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ ~is ` ~ yf ~ k` r L OC_ 110N , P a I F r Ip Itru I I I :in1 Pr i~~F i c U:. 11 as Pui -,t Little Elie Edit irsrille i +r 16 Flr,-, r f," cund lu 7 LL r' G_rr 4 is - - 1 1 ? I - t f; ~ lrlkkti~ iu u - Fli_fi I vt LicII .I lI i' n p f=.°din N { I . rn Hi.eller F ~ ~ ~ V I Y;~ I 4r«n~. 1 ~ ~ d (k~ r Jlfr ! f! f , V .`i rF ! ,r. , ~ ~ . i . • ! . ~ f s rr E ~ ~ ~ E ~ << ,f ~ t` ' fi. , . ' ~ ~ . ~ ~i: ` ~ ,yf E` r PURPOSE OF THE PL The City of Denton, while celebrating approximately 45~ A~ ears of service, strives to create the highest quality of life A + for it's citizens. The City currently has close to 1,075 acres of developed ark land 2,700 acres of nature reserve and 368.53 of undeveloped (4,149.11 total acres). The purpose of this Master Plan: 1. Provide the framework for orderly and consistent planning and development. 2. Provide detailed research and facts concerning the ,.k . : community and the roles of parks and recreation. _y % 44 3. Establish priorities and statements of direction 6 based on researched and documented facts and a community based needs analysis. 4. Provide direction in the area of acquisition and - development of park land to meet future needs. 5. Conform to the preparation suggestions and/or guidelines for local Park, Recreation and Open Space Master Plans, prepared by the Texas Parks and Wildlife Department for Texas Recreation and Parks ' Account local park grant program. The Master Plan looked at the demographic changes and recreational trends impacting the City of Denton. The s Master Plan will help provide direction in balancing the r park system throughout the Community. 4 This document outlines the methods, results and recommendations of the Master Plan study and is intended to be used as a guide for future Park, Recreation and Open Space development throughout the city.{ f r '.?n, .A... 41. I a I ~ r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r E7'HODJLOGY The Jacobs Carter Burgess planning team worked closely Step 5 - Demand Analysis/Needs Assessment with City Staff, during the entire process. With National Service Research leading the needs The Parks, Recreation and Trails Master Plan was prepared assessment, a series of steps were utilized to determine using a two-phase process. Phase I involved an inventory the park and recreation needs of the community. This and needs assessment study. Phase 11 involved preparing included Focus Groups, and Public Meetings to determine the Parks, Recreation, and Trails Master Plan. the nature of the surveyed questions, followed by a total of 400 telephone surveys. The Master Planning Process B. PHASE II - PARKS, RECREATION, AND TRAILS A. PHASE I - INVENTORY AND NEEDS MASTER PLAN ASSESSMENT Step 6 - Priority Ranking Analysis Step 1 - Base Map Preparation The team will develop a list of facility needs based on the The team prepared a computer generated base map from standards analysis, the citizen survey results, City Staff, digital data provided by the City. The base map illustrated Park Advisory Board, Parks, Recreation and Beautification information such as park sites, school sites, streets, Board, Park Foundation, Council, and Consultant input. thoroughfares, buildings, topography, drainage corridors, vegetation, etc. Step 7-Action Plan Step 2 - Inventory/Supply Analysis The team will work closely with staff on specific recommendations to guide and direct the acquisition and Starting with information supplied by the City, the team development of parks, recreation and trails within the Ten and City Staff performed a district-wide tour of facilities Year Action Plan. The team also will prepare an exhibit available throughout the Community. The purpose of depicting the proposed locations for the Ten-Year Action this task is to develop a thorough understanding of the Plan recommendations. recreation system as it stands today. Step 8 - Expenditure Analysis Step 3 - Population Data and Benchmark Comparisons To support the Action Plan, the team prepared an Starting with readily available public data provided by the expenditure analysis for budgets/costs of priority items, City, Jacobs analyzed current and projected demographic including funding recommendations, sources and an characteristics of the community. estimated timeline for implementation. Step 4 - Standards Analysis/Program Analysis Step 9 - Preliminary Master Plan The team worked with staff and developed customized The team prepared the preliminary Master Plan document standards for both park acreages and facilities based upon for review with City Staff and the Park Board. the unique characteristics of Denton. The customized standards were then applied to the population data Step 10 -Final Report in Step 3, resulting in an illustration of 'gaps' between the existing park system and what is prescribed by the The team will prepare the Final Master Plan documenting customized standards. the entire process and recommendations for the next five to ten years for the City of Denton. ~ r Jlfr ff 1 V .ii rF i r, f ~ . ~ ~ ~ f s rr E _ ~ r ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r IN a ENTO Y OF t'. I,_ N-1 Denton has a park system encompassing 4,149.11-~H acres of park land. Of this, 2,700 acres is part of Clear Y Creek Natural Heritage Center, which is part of a long r r term lease from the Army Corps of Engineers. Within, C`~y the Denton Park System there are 26 parks, including 2 cemeteries and 1 nature preserve totaling 3,775.08 acres. 33S I; r During the first phase of the Master Plan Process, a complete inventory was compiled for all of the existing parks, recreation facilities, and open spaces within the City of Denton. Jacobs, along with Parks and Recreation Staff toured all park sites and facilities, in a two day tour. The City provided acreage and amenity inventories for each of the parks, and a list of recreation associations Mini-Parks 0 and organizations of current sports groups and leagues Neighborhood Parks 13 throughout the City. Community Parks 4 City Parks 4 Across this system is a wide spectrum of park facilities to Open Space/Linear Parks 10 serve the citizens of Denton. A profile of their system is presented in the two charts located on the right: Trails/Open Space 5 Special Use Areas 1 Y `P r` Cemeteries 2 r~ fi V Amphitheater 1 r Baseball/Softball Fields (game) 25 4 Baseball/Softball Fields (practice) 3 M Basketball Courts 11 { t Concession Stands 5 Dog Park 1 Frisbee Golf 18 nOies " r n s 1' f; y1: J^' Fishing Piers 2 Outdoor Learning Center 1 Mlles of Trail (soft surface) 11.90 mlies r 4w Mlles of Trail (concrete) 9.85 mi es Pavilions 13 Playgrounds 22 Rugby Field 1 Skate Park 1 i. E Soccer/Football Fields (game) 17 - i - Soccer/Football Fields (practice) 10 Swimming Pools 3 Tennis Courts 16 Volleyball Courts (sand) 3 r i r, ~f ~ ~ . I . - ~ . ~ f s rr E ~ ~ E ~ ~ ,f ~ t` ' fi, , . ' ~ ~ . ~ ~~i: ` ~ yf • E` r` AIRPORT ROAD 5000 Airport Road rta r , s" Acres: 41.63 ~ 'h.'S 1 f t ~ Classification: Open Space - Amenities: Undeveloped I a •7" f 9 ? y et s i m~ sw~.. ~~Il ~ tiY S• 11 fix. ts~ 1 1 AVONDALE 2021 Devonshire Acres: 17.85 Classification: Neighborhood Park , Amenities: Basketball/Mufti-Purpose Court 1 Benches 9 Bridge 1 Drinking Fountain 1 Goals (soccer/football/rugby) 2 Grills 2 Parking 14 spaces Picnic Tables 7 ,s a Playground 1 Security Lighting yes, : W4, Shelter/Pavilion 1 r ASti ' t Signage yes Swings 1 Tennis Court 2,,. Trail (concrete) .39 miles P ""W 4,4 «~nq Yav,u "iv~tW UH11~{ 44 ~ r..._ iT .1 11 r i r, ~f ~ ~ . i . - ~ . ~ f s rr E ~ ~ t ~ ~ << ,f ~ t` ' fi, , . ' ~ ~ . ~ ~~i: ` ~ yf ~ E` r BENT CREEK HWY 377 Acres: 21.47 Classification: Open Space Amenities: Undeveloped Hjik - ~ q. J r . L t ~ ` 1 i r i r, ~f ~ . I ' ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ E` r BOWLING GREEN 2200 Bowling Green f Acres: 18.00 Classification: Neighborhood Park f Amenities: Benches 3 IL p Community Garden yes Picnic Tables 1 Playground 1 Signage yes Swings ~ . SF q ~1 1 T _ fi 4 m 41 - 5 Nf' ~ f~~ ~ ~ ~ ~~v'" ~ yr r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ E` r BRIERCLIFF P 300 State School Road k r Acres: 9.62 Classification: Neighborhood Park Amenities:R q Backstop Swings Signage yes Trail (concrete) .27 miles *park currently under construction v ` IV` I" "I r ~ ~W ~n J' fIt I fil 1 f I ~ ~ rFf 4' I' -,4 4.r r t w r yyy,~ jil' 1 ~A CARL YOUNG Sr. 327 S. Wood }~~I.. * * dk'ik aam i } e. try,4;:. Acres: 9.80' a~~ r It- Classification: Neighborhood Park M r F , yky Amenities: ~r , Basketball/Mufti-Purpose Court 1 t Benches 2 Drinking Fountain 1 Goals (soccer/football/rugby) 2 j," Picnic Tables 3 Playground 1 Signage yes Swings 1 Trail (concrete) 1.29 miles 5 rx"iC~l a J -011 F ati 5.,;~r~~ r +'RF r 1' rte' 1 11 _ Amp F~'~ Lim rr4` k~r ~ ►~r~ a f ~ ~ P, ry ~1~ o r i tir ~ ~f ~ ~ . i . - ~ . ~ f s rr E ~ ~ E ~ ~ << ,f ~ t` ' fi, , . ' ~ ~ . ~ ~~i: ` ~ yf ~ E` r CLEAR CREEK NATURAL HERITAGE CENTER Collins Road Acres: 2,700.00 41 Classification: Special-Use Park * Property leased from the U.S. Army Corps of Engineers, Amenities:1 ' *V k. Nature Center / Classroom 1 " F Wetlands 55 acres' r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ ~i E ~ ~ << <f t` ' fi, , ~ ~ . ~ ti~~ i` ` ~ yf ~ E` r COOPER CREEK Mayhill Road @ Audra Lane Acres: 3.00 Classification: Open Space Amenities: Undeveloped i Aus y4f r ' I or ~~S {i~ ~r<, Mfr ( ] q l a ;tkc Vl !e,d~~, ~ 3 r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ i` ` ~ yf ~ k` r COOPER CREEK TRAIL Locust Street to Sherman Acres: 23.61 Classification: Trail/Open Space Amenities: Trail (concrete) .95 miles r u ; I - Hamm 1 4' I~ 4 4 r r t CROSS TIMBERS ww t~ 7601 Waterside, 8402 Clear River Acres: 70.20 Classification: Neighborhood Parks d ; r VW, Amenities: 4 w :E H Basketball/Multi-Purpose Court 1 Benches 10 A Bike Racks 2 Bridge 1 - Drinking Fountain 2 Grills 6 w~ Pavilion/Gazebo 1 Picnic Tables 8 Playground with shade 2 Pond 1 Sand Volleyball 1 u•~~`~;,,~:~ Signage yes Swings 2 x. , 'I+# f Trail (concrete) 1.17 miles `T 1Y Trail (soft surface) .75 miles' K "7 • ih a j , 16' V I sh _ w,. l DENIA 1001 Parvin Acres: 23.00 Classification: Community Park Amenities: Basketball/Mufti-Purpose Court 1.5 Benches 8 Bleachers 14 Concession/Restroom 1 Drinking Fountain 3 Goals (soccer/football/rugby) 1d Multi-Use Court (currently in-line hockey) 1 a w yip, Parking 303 spaces r~ Picnic Tables 15 Playground 1 rt~r~¢z$~'~ . 4- r s'* , Recreation Center 17,415 SF Security Lighting yes n E--. Signage yes Soccer Field 1 Softball Fields 4 Swings 1 Krw 5 ~:r: Trail (concrete) .63 miles ' i r Wildflower Native Plant Area 'VFW r cwt * k £ 6- - A I y } ~SI.BS.._j. s i'J1~Y~N_~ . r i tir ~ ~f ~ . ~ ~ ~ ~ f s rr E ~ r E ~ ~ ,f s t` ' fi, , ~ ~ . ~ ~~i: ` ~ yf • E` r EVERS PARK 3201 N. Locust Acres: 29.41° . Classification: Community Park Amenities: $ t IM yy Baseball Fields (benches, dugouts & scorer's table) 11 Benches 2 Bleachers 41 4 ~ Boy Scout Hut 1 Concessions/Restrooms 2 Drinking Fountain 2 Flag Pole 1 Grills 2 Parking 559 spaces Pavilion 1 Picnic Tables 10 Playground 1 Security Lighting yes Shade Structures 14 Signage yes u a ~ ~ gym' ' . - ~ ij ~;G „ sc h FRED MOORE 500 S. Bradshaw Acres: 10.00 ' Classification: Neighborhood Park , 4~1 T ~T•J'l r Amenities: 4 t h mw r' i r. , American Legion Building 7,170 SF Basketball Courts (lighted) 2 Benches 6 Bleachers 6 Bridge 1 Collins Stage 1 µ„;,,emu Drinking Fountains 2 x Flag Pole 1?'` Grills 3 w Parking 31 spaces Pavilions 2 M a Picnic Tables 20 Playgrounds 2 Restroom 1 Signage yes Softball Field 1 Ipa~„r. Swing 1 ~T~rail (concrete) .83 miles i 34,x^ ~ ~ t ~-:y,~ '`S~. ~~~T p ~sE v~,~• ~F ' r Ink 9 ~ "'4Y yl ; 1` I ,C. 11 ~.y ~ !1 ~~~~~`~E ~ Il 'lr... X11 C yY_ 'T„ ~ ln.c•~; I 1 f~~.. ~i9 ~,X Y SJ t, l ~Yrt` J y f J. ! r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ E` r I.O.O.F. CEMETERY 711 S. Carroll Acres: 25.00 Classification: Cemetery Amenities: Flag Poles 2 Signage yes Trash Receptacles 14 dAlld(~~I I. i,. 2 F 4 1 7 r ; JOE SKILES 1721 Stonegate Acres: 5.50 Classification: Neighborhood Park Amenities: Basketball Court 1.5 (3 goals) Benches 5 Drinking Fountain 1 Grill 1 Goals (soccer/football/rugby) 2 Picnic Tables 5 Signage yes Shelter 1 Swing 1 s~ Tennis Courts 2`{_~ ~~1+ I u1"A o Als. R 1'~a77: `e 1141 u;~~• ~Y ~ oTcrF' r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ t ~ ~ << <f t` ' fi, , ~ ~ . ~ i` ` ~ yf ~ r` r LAKE FOREST & WIGGLY FIELD PARK 1400 E. Ryan Road nL Acres: 69.32 Classification: Community Park Amenities: Benches 4 Dog Park 1~. Dog Stations 6 Drinking Fountain 3 Lake (west of Dog Park) 1 Message/Bulletin Board 1' Parking 56 spaces Picnic Tables 3 Playground 1 Pond (south of Dog Park) 1 Swing 1 Signage yes Trail (concrete) .47 miles Trail (soft surface) 1.42 miles ~.y 9X eh. e ~f . ~ +14 4 2] i~ ~W r 4 + ,rye. . , _ R. - ~g~• IM d MACK PARK & ROBERTS FIELD 1701 E. McKinney Acres: 21.626 Classification: Community Park * ,rye Amenities: Baseball Fields (lights, and benches in dugouts) 3 0` "s Basketball Court 1.5 Benches 3 Bleachers 11 ` Concessions/Restrooms 2 Drinking Fountain 2 Grill 1 . ' Parking 191 spaces vtirk Pavilion 1 Picnic Tables 9 Playground 2 r IAA Restroom 1-,r Security Lighting yes. 5- Shade Structures 4 ( Signage yes ~a Soccer Fields (not lighted) 1 Swing 1 Tennis Courts 2~ ray tl wx. X41 y t L'1111 A", ~ 4`1'1i 1 44 r , ~,,y 411 U .,.,,gym r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ E` r McKENNA PARK 600 N. Bonnie Brae Acres: 18.00 Classification: Neighborhood Park " Amenities: 1 { Basketball Court 1 Grills 6 Parking 43 spaces Pavilions 3 Picnic Tables 32 Playground Signage yes Swing 1 s r4 rte. x l+ Y ~ 4~ 1t ~r. 4~~ °kwil r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ E` r MILAM PARK 236 Mockingbird Acres: 1.021 Classification: Neighborhood Park Amenities: Benches 2 Drinking Fountain 1 Parking 1 space Picnic Table 1 Playground 1 Signage yes ~ x 1 w r w Y:. r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ E` r MLK PARK 1300 Wilson Acres: 5.00 Classification: Neighborhood Park Amenities: 1 .t ! Backstop 1 f Benches 4 Bicycle Rack 1 Drinking Fountain 2 k ~k. Goals (soccer/football/rugby) 2 Parking 99 spaces Picnic Tables 4 Playground 1 Recreation Center 21,560 SF Signage yes Swing 1 r Soccer Field 1 A SIR! U 4' b -,4 4.r r t NETTE SHULTZ PARK 1517 Mistywood Acres: 10.00 Classification: Neighborhood Park Amenities: A Backstop 1 Benches 7 Bridge 1 Drinking Fountains 2 ,j Grills 3 Goals (soccer/football/rugby) 2 ? Picnic Tables 9 £ r Playground 1 3~ " y''p Signage yes _,„~.a>. Swing Tennis Courts 2vt,, Trail (concrete) .56 miles !!s klil iiIri'! N l it 13 ' } 1~ ~J t v 1~.,y !l ky~~ eM~ ~ t •~41~ Fy:. - 4 r , Yd , ~ n r , r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ E` r NORTH LAKES PARK 2001 W. Windsor Acres: 351.00 Classification: City Park Amenities: Annex Building 4,500 SF Backstop 8 Basketball Court 1 Batting Cage 1 Benches 41 Bleachers 40 Bridge 1 Concessions/Restrooms 4 Disc Golf 18 holes Drinking Fountains 8 Driving Range 1 Fishing Pier 1 Football Fields (lighted) 3 iT Grills 4 Lakes 2 Parking 123 spaces _ Pavilion 3 Picnic Tables 49 Playground 3 Radio Control Model Aircraft Runway Recreation Center 17,415 SF a ~y " r . y ` Rugby Field 1 % l4 y ii-,.~ Sand Volleyball Court 1 0'a►~"° Security Lighting yes Shade Structures 7 Signage yes Soccer Fields (lighted) 12 Softball Fields (lighted) 6 Tennis Courts (Tennis Center) 9 Trail (concrete) 1.32 miles Yi ~k Trail (soft surface) .85 miles ' d~ . r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ i; ` ~ yf ~ f` r NORTH POINTE PARK Hercules Acres: 10.33 Classification: Neighborhood Park Amenities: ' 01 ,Mw_ Benches 1 ' tk I- M1 Playground 1 Picnic Table 1 Signage yes a Swing 1 w Trail (concrete) .68 miles Ile, 4 ~ ~ x. 4is VS „yea- .~°s#~ F 7 a f I s LAM 71"If 4 r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ k` r OAKWOOD CEMETERY 747 E. Prairie Acres: 13.00 Classification: Cemetery Amenities: Flag Pole 1 Parking on street Signage/Maps yes Trash Receptacles 5 4 ~ ~P -r.,~j EY ~ f • ~ 3 ~ r k ~r ~ . Eli. y ~ ~ Y' - (w ti ~.6~ r p e i 3:. K Fti r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ f` r OWSLEY PARK 2425 Stella Acres:.50 Classification: Neighborhood Park Amenities: Benches 1 Drinking Fountain 1 Picnic Tables 5 Playground 1 Signage yes Swing 1 t ti A ~'4.wY r~ { k f Ni r r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ E` r PEBBLEBROOK 191 Duchess Drive Acres: 24.00 Classification: Open Space Amenities: Undeveloped G' 9 r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ E` r PRESERVE AT PECAN CREEK Sun Ray Drive Acres: 9.90 Classification: Open Space Amenities: Undeveloped t w" uu . v ~ • 't' ~ , r~ _ i V. y ~ a !$y 3 ~ .fir. y - QUAKERTOWN PARK e 326 Withers Acres: 32.00 Classification: City Park Amenities:` Amphitheater/Stage 1 - k, Benches 8 as~~wu Bridge 2 City Hall 1 Civic Center 1 Drinking Fountain 1 Garden Walk Area .45 acres v My f Grill 1 dY 4 Library 1 Parking 516 spaces s Pavilion 1 7M Picnic Tables 42 Playground Pool (outdoor) 1 p~t}~,4 . o Restroom H h ~ Security Lighting yes ~r ► i{riY' t Iw R ~I I a~f~j ~ f Senior Center ~ ~i. a 'S 3 d. r ~ r Signage yes. Swings 2, 4 s.4 Y, F IN. .Y~cTFr.• r i r, ~f ~ . I ~ ~ ~ f s tr E _ t ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ E` r RAILTRAIL Along old rail line from Hickory to Corinth Acres: 97.00 Classification: Trail/Open Space Amenities: Trail (soft surface) 8 miles i M~ j ♦ . t4 -S y 5A r 1 t 1~ r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ E` r ROBSON RANCH Lively Road Acres: 16.88 Classification: Open Space Amenities: Undeveloped .-fir t.►.~~~~. Lei ~ v. ° s i 4 r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ t ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ j` r SEQUOIA 1400 East University Drive Acres: 5.50 Classification: Trail/Open Space Amenities: Trail (concrete) .19 miles i i I j. P`r i r J~ l~ fr ~ f~ f + Vr ~ ~ .ii rF ++r,~f."~ ~.i, r+.~fsLrE_•+`.~~ ~ ~~E~:~r~rf ~r~t` 'fi,r ~~i:`~ yf~E`+,; r` SOUTH LAKES PARK 501 Hobson Acres: 187.29 Classification: City Park xft Amenities: I by Basketball Court .5 Benches 27 Bridge 4 Dog Stations 3 Drinking Fountains 3 i Dock/Fishing Pier 1" Goals (soccer) 2 Grills 12 Lakes 2 Message Board Parking 147 spaces Pavilions 4 Picnic Tables 78 Playground 2 ri' N Restroom 1 - Sand Volleyball Court 1 Signage yes Swing 2 Tennis Courts 2 _L Trail (concrete) 2.37 miles Trail (soft surface) .85 miles s. - a. ilk Y j r , I~ f'~tL1 r yyl 1 4"J L rv. 11 ri II 1 4 YL T f O. ` r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ k` r SOUTHWEST PARK Bonnie Brae @ Alred Road Acres: 196.50 Classification: Open Space Amenities: Undeveloped r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ E` r VINTAGE South of Police & Fire Training, off Bonnie Brae Acres: 40.35 Classification: Open Space Amenities: Undeveloped r~ } „ A r , r, ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << ,f t` ' fi, , ~ ~ . ~ is ` ~ yf • E` r WATERWORKS PARK 2400 Long Road Acres: 15.50 Classification: Community Park Amenities: J , . Benches 3 # . Drinking Fountains 4 y -w 7, 7, Indoor Pools 2 Parking 185 spaces 9' - Pavilions 2 Picnic Tables 12 Pool/Slides/Lazy River/Splash Area 1 Restrooms 2 Shade Structures 5 % t 6 MM' I. `Y 1 j Y L , Arm ; ry f.. - f All - ~t~i,' _,~y~sp~+,TiJ+~~y ~t`1~•..1 r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ i` ` ~ yf ~ E` r SKATE WORKS PARK 2400 Long Road Acres: 1.50 Classification: Special-Use Park Amenities: Picnic Tables 1 Ramps 11 Jumps 9 Shade Structures 1 ;tl fi II J ~ ru r whk~ u- r r WHEELER RIDGE Wheeler Ridge @ Lipizan Road Acres: 6.00 Classification: Open Space Amenities: Undeveloped .4fµ:74 r i tir ~ ~f ~ . ~ ~ ~ ~ f s rr E ~ ~ E ~ ~ ,f t` ' fi, , ~ ~ . ~ ~~i: ` ~ yf ~ E` r WOODROW Behind the Animal Control Building Acres: 8.80 Classification: Open Space Amenities: Undeveloped 4`.,, li'h C A) v ~j r i r, ~f ~ ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , . ~ ~ . ~ is ` ~ yf ~ E` r ENTO Y OF C;. '~ERASSOCIATION 5' Forest Meadow 2100 Miranda Place @Teasley Ln. X Hills of Argyle Winthorp Hill Rd @ Argyle Ln. X Lakeview Ranch Lakeview Blvd. @ Stallion St. X Lexington Park 2408 Prescott Downs X X Oakmont @ Wynstone Pine Hills Ln. @ Alderbrook Dr. X X Oakmont @ Braewood Pine Hills Ln. @ Alderbrook Dr. X X Oakmont @ Greens Pine Hills Ln. @ Alderbrook Dr. X X Oakmont II Estates 3521 Villanova @ Harvard X X X Preserve @ Pecan Creek 3801 Lakeview Blvd. @ Juniper X X X River Oaks 8301 Seven Oaks Lane @ Montecito Dr. X X X Robson Oaks 3304 Purdue Drive @ Drexel Dr. X X X Robson Ranch / Indoor 9400 ED Robson Blvd. X Robson Ranch / Outside (2) 9400 ED Robson Blvd. X X Southmont Southmont Dr. X X X Southridge Swim Club 1904 Woodbrook X Summit Oaks 2408 Fondren @ Gessner Dr. X X Sundown Ranch 3449 Sundown Blvd. @ Clubhouse Dr. X X X X Vintage Subdivision Pomeral @ Alsace Street X X Wheeler Ridge 3100 Breton Rd. @ Wheeler Ridge Dr. X X X X Wind River I Wind River Blvd. @ Ottowa Ln. X INVENTOR Y OF DENTON PUBLIC POOLS . City of Denton Civic Center 515 N. Bell X Pool Denton Water Works Water 2400 Long Road X N Park & DISD Natatorium Texas Woman's University Bell Avenue X~ Outdoor Pool rtlwnwuro,a suap,e~ M lueld anileN% aMOIIPI~ s u!spue~aM (Palg6!I) uno~ IlegrtalpA P_S (sal! W u!) slle,l L °S (sal!W u!) sl!e,l W eH sahe)tla,aa 4se,y (Paly6!U S) no0 s!uuay s6uINS l°°d 6u!ww!N,S lood,oopul N,ed P,eogaleNS (9we0) spla!d IlegyoS a6eu6,S (awe`J) sPla,j II eg)°pd/ a.OS 6upg6!l HurcvaS Plaid lg6na swoo,lsaa ,a)u90 uopea,aaa rteMUna ue,a,!y IapoW lo,7uo0 o!pea Puno,6rteld lg6n6 / llegiood /,soooS a~!y e,d salgel u°!d a,nPn,)S 9pe4S / walla4S ~i uo!d (sleds uo!I!ned _ ) lol 6u!H,ed ,alua0 6u!Weal,°°p)n0 P,eoS / u!lallna a6essay~ a,nlead,aleM 'Puod •°hel rtary~oH au!I-ul sll!s~ 9;04) J;00 aagsl,d salod field u!elunod 6wNUUp - - - - - - - - - - - - - uope)S 600 ed 600 ,a!d 6u!gs!d/,Pop z Apuped 6up7m W /,alua0 aPUaa/uo0 6u!PI!n8 uo!ssaPUO~ °6PUS o 5 )nH M.S A, o ea a ,a s,agPeala saq,uae sunOO lleglaNSeS tlo)sryPel llegase,3 sP~)Pe,d (9we0) spla!d IlegaseS 9 e1SN9)e94/Igtlw W~srtS uope6!„I POewoln _ 21 Patlo!ana o 0 Pu(7/Patlo!anap ~o~oooo~oooo ad 1 n a x x r . 't ' i V 1 I r u. 1 ~ r ,10 i i l l "M F :MY amm~ "dflll aIt"I ry n I p r i r, f ~ . ~ ~ ~ f s rr E _ ~ r E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf • E` r POP UL `TI®N CH. ` CTEP"ISTICS 65 Years & Over DEMOGRAPHICS (US 2006) Male: 7,595 6.85% The population of a community can be evaluated in Female: 3,824 3.45% a variety of ways for purposes of park planning. The design of services is based in part on consumption Education Attainment characteristics of the residents. The size and location population 25 to 64 years: 45,078 of parks, schools and services (public and private) Less than high school graduate: 5,233 11.61% should be based on the density and distribution of High school graduate: 10,401 23.07% the population as recipients of these services. In order Some college or associate's degree: 14,515 32.20% to assist in forecasting the future park and recreation Bachelor's degree or higher: 14,929 33.12% needs of Denton, this section provided information and analysis on population trends and projections, Ethnicity racial composition, household size, age characteristics The racial composition of Denton is predominately and educational attainment. (Based on 2006 Census Caucasian, with 61.90% of the population comprising Data) this category. Hispanic or Latino (of any race) 23.31 African Americans make up 8.45% of the population, Total Population while Asians comprise 2.17% and population of two or The total population of Denton is divided almost more races make up 3.70% of the current population. equally between the two genders, with 49.89% of the population being male, and 50.11 % being female. The median age is 27.9 years. While 66.12% of the population is over 22 years of age, only 8.8% of the population is over 65 years of age, and 33.8% are under 21 years of age. Total Population: 110,855 Male: 56,415 50.89% Female: 54,440 49.11% Under 5 ears 8,041 7.25% ❑ White (Caucasian) 61.90% ❑ Hispanic or Latino (of any race) 23.31 % 5 to 9 ears 6,144 5.54% Black or African American 8.45% American Indian and Alaska Native .30% 10 to 14 years 6,343 5.72% Asian 2.17% ❑ Native Hawaiian & Pacific Islander 0 % ❑ Some other race .17% ❑ Population of two or more races 3.70% 15 to 19 ears 11,896 10.73% 20 to 24 ears 18, 572 16.75% (Other contains all additional categories not listed in the above groups) 25 to 34 ears 20,003 18.04% 35 to 44 ears 14,010 12.64% " 45 to 54 ears 10,515, 9.49% 55 to 59 ears 4,639 4.18%,. 60 to 64 ears 3,097 2.79% 65 to 74 ears 3,748 3.38% 75 to 84 ears 2,867 2.59% 85 ears and over 980 0.88% 18 ears and over 86,645 78.16% 21 ears and over 73,572 66.37% 62 ears and over 9,257 8.35%. 65 ears and over 7,595 6.85% Median Age ears 27.2 18 Years & Over Male: 43,716 39.44% ; Female: 42,929 38.73% y J~f4r fig _ f f I r~ Households by Type Total Households 31,513 100.00% Family Households 17,940 56.93% with own children under 18 years 9,209 29.22% x Married-couple families 12,961 41.13% with own children under 18 years 5,818 18.46% Male householder, no wife present 1,189 3.77% with own children under 18 years 769 2.44% Female householder, no husband present 3,790 12.03% with own children under 18 years 2,622 8.32% Non-Family Households 13,573 43.07% Householder living alone 9,563 30.35% " 65 years and over 1,454 4.61% ;Households with one or more people under 18 years 9,986 31.69%~ Households with one or more people 65 years and over 1,454 4.61 Average Households size 2.66 Average family size 3.31 Housing Occupancy Total Housing Units 35,726 100.00% Occupied Housing Units 31,513 88.21% Vacant Housing Units 4,213 11.79% Income in 2005 I f" 12.00%- 10.00%- 8.00%- 6.00%- 00 ~ ,r . . 4.00%- t; 2.00%- 0.00%- P~_ w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r 00 U) (0 -T U) CO) l0 O O r W -T M N r O O O O O O O O O O r O O O 0) O O O O O O O O O O O O O O O 0 i~~i,,, P f y„ O r r N N M M~~ L(~ I~ O N~ O L r E!> K} (f} (f} (f} (f} (f} (f} (f} (f} O r r r 0 C 0 0 0 0 0 0 0 0 0 0 " " O lC O O O O O O O O O O O O O O O 1 0 0 0 0 0 0 0 0 0 0 cc cc O L6 O L6 O L6 O L6 0 0 0 0 0 0 0 0) r r N N M M-T -T Ln (0 Ln O Ln O N 3 y EA EA EA EA EA EA EA EA EA EA I- O N Ln Q{} A ~ ` ~ E~} r r r r Jlfr ff 1 V `i rF i r, f ~ . I ~ ~ f s rr E _ ~ ~ ~ t ~ << ,f t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r School Enrollment More than 36% of Denton's population is 3 years and over and enrolled in school. Of those 36%, 8% of the population are of elementary school age, more than 5% of persons enrolled in school are of high school age, and more than 21 % are in college or graduate school. College or Graduate School (19,983) 21% High School (Grades 9-12) (4,205) 5% Elementary (Grades 1-8) (7,535) 8% - Kindergarten (1,032) 1% Nursery School, Preschool (929) 1% Pop. 3 Years and Over Enrolled in School (33,684) 36.2% 0% 5% 10% 15% 20% 25% 30% 35% 40% J YV { 4; 1w f` t 1 r a !or f I is LL~~II r [ V aC:~ r boo Pu 1 r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r PUBL,ICIV1'U1 IVEEDS SSESS, NT Introduction and Methodology Study Highlights National Service Research (NSR) completed a Parks in general, are heavily used with almost half of comprehensive research study for the City of Denton all respondents reporting they have visited a park in as part of the Parks, Recreation, and Open Space Denton at least monthly. Master Plan. An important aspect of the Master Plan Most citizens rated the maintenance of Denton parks was to conduct a demands and needs assessment and recreation facilities as excellent or good. This which involved citizen input. The purpose of the needs indicates the department is doing o good job with assessment study was to provide a foundation for the regard to maintenance. Comprehensive Park and Recreation Master Plan that Most citizens who have participated in a recreation will provide guidance based upon citizen needs and program rated them as excellent or good. This priorities. NSR worked closely with the City of Denton indicates the department is doing an effective job with staff, and Jacobs Consultancy throughout the research regard to recreation programs. process. Most citizens rated the quality of sports programs (baseball, football, soccer, softball, swimming ) In order to complete this study effort, NSR designed that are offered in the City of Denton as excellent a citizen survey. The survey design was based upon or good. This indicates the department is doing on input from focus groups, public meetings and staff. A effective job with regard to sport programs. public meeting was held on July 8, 2008 and a focus More than half of citizens polled would be interested group session was held on July 9, 2008. A total of 400 in participating in recreation or sports programs if telephone surveys (100 within each council district) were more were offered by the City of Denton. completed at random with Denton residents from July A total of 48% of all respondents and 71 % of 25 through August 12, 2008. The margin of error of this households with kids who have visited Water Works sample size at a 95% confidence level is plus or minus Park in Denton. 5%. This indicates that one can be 95% sure that the The most popular features respondents would like results are accurate and could vary by 5% one way or the added to Water Works Park are a wave pool, a full other. service concession area and large interactive play structures for all ages. The citizen survey and detailed survey tables are The top five park facilities citizens feel are most presented in the Appendices of the Technical Volume important to add to existing parks or future parks: (in Report. order of importance): Trails connected throughout the City, nature trails, larger senior center, open This study is to be used as a guide to direct the park and space/natural areas, facilities for water recreation. recreation master planning efforts for the City of Denton. This data will assist in providing priorities for facilities in the Master Plan. r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ t E ~ << <f ,a t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf k` r FREQUENCY OF USE - 1j 17IiS C EC EATI®N F _CII,ITI S • Parks in general are heavily used with almost half of all respondents reporting they have visited a park in Denton at least monthly. o • Households with children are even heavier ark 23.o°% park At least weekly 28.9% users with 62% visiting parks at least monthly or more 21.8% At least monthly 32.8% Once in three 9.8% months 10.0% r~ A few times per 22.0% `',aN ?x 4j year 20.6% W tr 3 k Once a year or less 3.9% 17.0% F F- 46g^ A.y r Never t + t Y L~ i.. 0% 20% 40% 60% 80% Households with Children All Respondents Y11AINTEINTANCE OF 1'A K FACILITIES • Most citizens rated the maintenance of Denton parks as excellent or good. This indicates the department is doing a very good job with 24.0% regard to maintenance. Excellent 25.0°/o • Less than 2% felt any of the parks needed much improvement. 52.8% Good 62.2% Needs some 5.0% improvement 5.6% ww" y s a Needs much 1.0/ i j r r 4 improvement 1.7% 4. 17.3% ~ Don't know/not 47 4ai► familiar 5.6% 0% 20% 40% 60% 80% w 4 r El Households with Children All Respondents F r Jlfr ' f' f 1 V Ali rF , r,,.": ~ ~ ifs rrE ~ E:~<<<f ~t` 'fi,, ~i:`~ ,yfE`,',r 1-32 TICI1j TION IN DENTON EC 7E__TION PAAkOG _ - S • 27% of all respondents interviewed reported they or someone in their household has participated in a recreation program in Denton. 3.3% • 36% of households with children have Senior (Age 65+) 00% participated in a Denton recreation program. 11.0% Adult (Age 20-64) l 9.4% 15.3% Youth (Under age 30.6% 20) T 73.0% 4 ` None 63.9% 0% 20% 40% 60% 80% o Households with Children All Respondents QUALITY OF RECREATION PROGRAMS • Most citizens who have participated in a recreation program rated them as excellent or good. This indicates the department is doing 34.3% an effective job with regard to recreation Excellent 38.5% programs. • Less than 11 % felt any programs needed 53.7% improvement. Good 49.20 Needs some 8.3% improvement ~b 10.8% Needs much 0.9% improvement 0.0% ° Don't know/not 2.8% familiar 1.5% i p T, 0% 20% 40% 60% 80% 11 Households with Children All Respondents r J' lfr ff 1 V Ali rF i r, f ~ . ' ~ ~ f s rr E _ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf k` r QU`LITY OF SP O.AiTS P'"L®GP A. 'S (Base= Respondents who have participated in a Denton Recreation Program-108) • Most citizens who have participated in a recreation program rated the sports programs as excellent or good. This indicates the 23.1% department is doing an effective job with Excellent 262% regard to sports programs. 3E9% • Less than 10% felt any programs needed Good 1 44.6% improvement. Needs some 4.6% a improvement a!==> 7.7% 0 Needs much 1.9 /o tl improvement 1.5% ^Hr Don't know/not 18.50 familiar 16.9% x Have not 13.0% participated 3.1% 0% 20% 40% 60% 80% 11 Households with Children All Respondents IFT E CITY OF DENTON OFFER ED _ ORE RECREATION OR SPORTS PROGRAMS, WOULD Y® U OR OTHER FI® USEF OLD MEMBERS BE INTERESTED IN PARTICIPATING? WHAT AGE GROUP'S NEED TO BE SERVED MOST? • 53% of all respondents reported they would participate if more recreation or sports programs were offered in Denton. • Many respondents feel youth, teen and adult Youth programs 22.7% (age 12 and 33.6% . I" programs are most needed. under) • 11 % of all respondents felt senior programs are 14.2% needed. Teen programs 20 / (13 to 18 yrs old) 30.3% Adult programs 17.2% t'" c 10.0% Senior programs !i 0,8,/ 40.3% V No suggestions 46.9% 0% 20% 40% 60% 80% +F El Households with Children All Respondents r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r ~'ECREATION P OG 4. %SYOU I`u'OULD LIKE TO SEE ADDED • Suggested programs from all respondents are Teen program suggestions (ages 13 to 18): listed below. The numbers in parenthesis are the Soccer (3) number of mentions for that program. Swimming (3) • Baseball (2) • Tennis (1) • Youth program suggestions (age 12 and Gymnastics (1) under): Wrestling (1) • Soccer (10) Softball (1) • Swimming (9) Aerobics (1) • Basketball (4) Volleyball (1) • Wrestling (3) Track (1) • More sports programs (3) Cross country track (1) • Dancing (2) Basketball (1) • Tennis (2) Non competitive sports (1) • T-ball (2) Dance (1) • Golf (2) Cooking (1) • Volleyball (2) Summer programs for 12 to 15 year olds (1) • Canoeing/canoe trips (2) Trails with exercise equipment (1) • More special needs activities (2) Running/races (1) • Football (2) Canoeing (1) • Cheerleading (2) Off road park (1) • Track (2) Music/art (1) • Softball (2) After school programs (1) • Soccer for tots (1) • Hockey (1) • Karate (1) • Skating (1) Adult program suggestions: • Sports camp (1) Exercise/fitness/yoga/Pilates/Tai Chi (10) • Sports for under 6 years of age (1) Basketball (4) • Ballet (1) Dances/dance classes (3) • Diving (1) Softball (3) • Bike lanes for biking (1) Tennis (3) • Off road park (1) Golf lessons (2) • Nature/reading/music (1) Indoor soccer(2) • Spanish/language classes (2) • Home school programs/non-competitive Football/flag football (2) programs (1) Golf/golf tournaments (2) • Art (1) Track (2)Volleyball (2) • After school programs (1) Cycling/bike paths (1) • Roller rink (1) • Photography (1) • Rollerblading (1) • Swimming/lap lanes (1) • Co-ed soccer (1) • Baseball (1) • Soccer (1) r Jlfr i fi f 1 V ~ .~i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ t ~ << <f ~ t` ' fi, , ~ ~ . ~ ~i` ` ~ ,yf . E` r • Family nights (1) Rock climbing (1) 1 71fi • More gyms (1) • Weight lifting (1) • Co-ed softball (1) u • Cooking (1)^ • More walking trails (1) • Running/races (1) • Water aerobics (1) • Off road park (1) n' • Writing (1) • Dog training (1) • Art classes (1) • Racquetball (1) • Clean up the city programs (1) • Ping pong (1) P • Book clubs (1) Art/music 1 I • Activities for moms with toddlers (1) .I r ~Y I I I I r Senior program suggestions. • Exercise programs/fitness (3) • Golf (2) • Music (1) • Yoga (1) • Programs for the under privileged (1) • Strength building (1) • Swimming/lap lanes (1) • Gardening (1) • Museums (1)° • Walking programs (1) 13~. • Trails with exercise equipment (1) • Indoor aquatics (1) • Bridge/cards (1) . • Walking programs (1) ~r . Ck' K .ia?i lox. r Jlfr if i ~ Ali rF l { f s rf E _•I`.~ E << <I ~ t` V' fi, , FREQUENCY OF USE- TTe TE 7 $ :i 07KS 1-3A &K IN DENTON • A total of 48% of all respondents and 71 % of households with kids have visited the water park in Denton. 739, • Among households with children, 28% visit at least Atleasfweekly 12.2% monthly, while 34% visit once a year or at least a 8.5% At leas[ monthly 15.6% few times a year. aw ~ Once in three 5.5% 8.9% '6 - months y ~ F 14.3% -11 A few times per year 18.9% 4r' 13.00/ a , Once a year or less; 0 15.0 51.5% Never . sn W 640 29.4% 0% 20% 40% 60% 80% 0 Households with Children ® All Respondents AT AjJIENI TIES WOULD YOU LIKE ADDED TO WATER WOR KS 1'ARK IN DENTON? • The most popular features respondents would like added to Water Works Park are a wave pool, a full service concession 21.81% area and large interactive play structures Wave pool 33.3% 20.5 for all ages. Concessions 30.60% • Having a lap swimming area and a Large play structures 15.5% 23.3°/ slide are also features of interest to 13.30% Lap swimming area 1899% respondents. 11.5 • Surfing features are the least attractive Slide 18.3% feature to respondents. 5.8% Surfing features 11 9.4% • "Other" mentions among respondents: ! 3.09% Other • Covered seating areas 3.99% • sa.o% More seating None 322°/ • Extend lap lanes 0% 20, 40, 60, 80% • Lines too slow • Large outdoor pool • Places to get away from kids E3 Households with Children ED All Respondents • Longer lazy river • Security in parking lots P a _w r ]ate d'' r Jlfr ff " V ,~i rF i r, f " . ~ ~ ~ f s rr E _ " ~ ~ E ~ << ,f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf r 1'1 .!,'S FACILITIES,10ST IVEEDED • The table below presents the parks facilities that the citizens felt are needed in order of importance. The mean rating scale is: 4=definitely needed and 1=not needed. Those who had no opinion or were not familiar with the need for a particular program were excluded from the mean score calculation. • The first column presents the program, the second is the percentage of respondents rating the program a "3" and "4" : The third column present the mean score for all respondents. • This data will provide key elements to the master plan. It presents the parks facilities citizens feel are most needed. % Responding "4" All Respondents - Parks Facilities MOST Needed Definitely Needed & Mean Score "3" Needed 1. More trails for walking/biking that are connected throughout the City 76.30% 3.28 2. Nature trails 64.80% 3.02 3. Larger senior center facility 56.30% 2.99 4. Open space/natural areas 63.30% 2.92 5. Facilities for water recreation 59.50% 2.87 6. Additional community garden space 58.30% 2.86 7. Spray park 55.10% 2.82 8. Additional recreation center 57.30% 2.80 9. Additional playground equipment 51.80% 2.77 10. Large covered picnic pavilion (100 to 200 people) 55.80% 2.77 11. Gymnasium (for basketball, volleyball, etc.) 52.80% 2.73 12. Outdoor pool (for free swimming, play/recreation activities) 54.00% 2.73 13. An indoor athletic facility (for soccer/football, etc.) 52.60% 2.71 14. Expansion of indoor pool area 49.30% 2.69 15. Indoor ice rink 54.00% 2.66 16. Multi-use sports fields 45.80% 2.55 17. Municipal golf course 46.30% 2.53 18. Additional tennis courts 43.00% 2.47 19. Extreme sports area for BMX bicycling, paintball, etc. 39.60% 2.40 20. Additional basketball courts 40.80% 2.40 21. Additional baseball fields 39.80% 2.37 22. Additional soccer fields 39.80% 2.37 23. Additional dog park 40.60% 2.34 124. Additional skate park 38.00% 2.33 r Jlfr ff 1 V .`i rF i r, f ~ . ~ ' ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r ®T P , E C ILITY L P C, a E,,IENTS THATY®U F1 "L A E ,,IOST IVEEDED IN D,' NT®N? Approximately one-fourth of respondents mentioned other park or facility improvements are needed. The most common mentions are listed below. • More restrooms • More security at parks • More soccer fields • More trees/shaded areas • More walking areas/trails • More water fountains a • Update playground equipment • More covered picnic tables/benches • Lighted walking trails r , • More nature trails .r • More bike trails • More senior programs x • More teen programs i • Better lighting in parks • More cleanliness in parks/need trash cans 7__w -E11F7 n , 4t r I e - ~ :N ~e r' ' ~6 . r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r FACILITIES TO BE CONSIr ° ED IFAN DDITION L EC, E 'TION CENTER ' G "ERE BUILT IN DENTON • Important elements in planning a possible future recreation center the citizens feel are needed are listed in the table below in priority order.The mean rating scale is: 4=very important and 1=not important. Those who had no opinion or were not familiar with the need for a particular facility were excluded from the mean score calculation. • The first column presents the facility, the second is the percentage of all respondents rating it a "4"very important and "Y important, the third columns present the mean score for all respondents. • This data will provide key elements to the master plan because it presents the indoor recreation center facilities citizens feel are most needed. The data will also help prioritize needed indoor facilities in the Master Plan. % Rating "4" Very Recreation Center Facility Needs Important or "3" Mean Score Important 1. Indoor walking/running track 79.30% 3.38 2. Exercise/aerobic/karate/dance room 77.80% 3.34 3. Fitness room (weight, treadmill, stationary bicycles, etc.) 78.30% 3.33 4. Gymnasium (indoor basketball, volleyball, gymnastics, etc.) 75.00% 3.28 5. Play area for toddlers 73.00% 3.20 6. Child care area 70.00% 3.21 7. Multi-use rooms (meeting space, arts/crafts, bingo, cards, etc.) 73.00% 3.18 8. Indoor pool 64.80% 2.98 9. Racquetball courts 57.30% 2.86 10. Game/media room (video games, movies, pool, table tennis, etc.) 59.30% 2.85 11. Computer lab 57.80% 2.83 12. Outdoor pool 52.50% 2.67 1113. Cooking/kitchen facility 50.80% 2.57 poll . 'Oll • k In ~v ~ . y v AW _ } ~6 r i t, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ t` r FUNDING OF EC : TI®N CENT,' • If an additional recreation center were built in Denton, more than half of respondents expect that the programs and building operations would be funded through a combination of property taxes and user fees/membership fees. • Few residents were against an additional recreation center. Combination of ~slhr 56.5% both User fees 35.8% Property taxes 2.5% Don't support 0/6 rec ctr 0.8% No opinion 0% 20% 40% 60% 80% 100% All Respondents t '}~l -71 r 1 11 r sYal k ~t r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s ;r E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r FUNDING F® ICE 'ELOPING _ iNTD `INT DING PARK AINTE) "EC EATION IMPROVEMENTS • A majority of respondents expressed strong support to fund developing and maintaining parks and recreation improvements through non-resident user fees and corporate advertising/naming rights. • There was also good support of bond programs and resident user fees. 58.8% 4-Strong support 53.8% 48.3% 44.0% 17.0% 22.3% 23.5% 23.3% 11.8% 9.3 2- 13..3% 13.3% - 8.3% 1-Low support 7.8% 11.5% 11.0% 4.3% 6.5% No opinion 3.5% 8.50% 0% 20% 40% 60% 80% 100% Non-resident user fees ❑ Corporate advertising Resident user fees ❑ Voter approved bond programs I'f 4 r I. r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r 1'17-9PE TYT INC SASE TO FUND 1'_ AAkKS L-P OVE_ TENT PI`JO ITT S • More than half (57%) of citizens surveyed would be willing to pay a property tax increase of up to $75 to more than $350 per year to support the improvement priorities suggested Up to $75/yr 33.3% in the citizen survey. • 42% do not support a property tax increase. Up to $100/yr 17.5% Up to $200/yr 5.3 Y. Up to $350/yr 0.5% More than $350/yr o.8% 41.5% No increase Don't know4 1.3% 0% 20% 40% 60% 80% 100% 13 Property Tax Increase to Fund Park Improvements RESPONDENT DEMOGRAPHICS Length lived in Denton: Less than 2 years 6.5% _ 24s°~° 2 to 5 years 20.5 Under 3s ;:2(0.5% 6 to 10 years 15.5 1 1 to 20 years 18.0 35 to 44 Over 20 years 38.8 45 to 54 21.3% Number of children in household: One 13.3% 55 to 64 21.0% Two 18.5 Three 8.8 65 to 74 8.0'%/ Four or more 4.5 No children in household 55.0 ki4.% 75+ Age groups of children in household: 0% 2o% 4o% 60% 0 to 5 years of age 46.7% 6 to 10 years of age 43.9 11 to 13 years of age 32.2 Respondent Age 14 to 18 years of age 35.0 This data is representative of the population of Denton which Household size: provides credibility and validity to the data herein. One 16.0% Two 30.0 Three 17.3 Four 19.5 Five or more 16.5 L r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r S 1 NE . ~"DS N LYSIS The adequacy of existing parks, recreation facilities and Mini-Park open spaces are determined by comparing the needs A mini-park is a small public park that serves up of the present and forecasted populations of Denton to a'/4 mile radius, and is normally located within to specific goals and guidelines. This Parks, Recreation a residential area. Mini-parks generally range in and Trails Master Plan utilizes the guidelines established size from 2,500 square feet to 1 acre and usually by the City of Denton Staff and National Recreation and contains a playground and picnic area. Many of Park Association (NRPA). these are developer-built parks and/or tot lots and are usually operated and maintained by a Criteria for Guidelines Homeowners Association (HOA). Historically, the most common standards for park Neighborhood Park planning guidelines, as recognized by park and A neighborhood park is a medium sized park recreation professionals, have been the published serving a general neighborhood area, usually guidelines by the NRPA. As written in the introduction, with play equipment, athletic facilities, and the NRPA recognizes the importance of establishing and passive open space. They generally range in size using park and recreation guidelines as: from 1.5 - 15 acres and are the most frequently needed size of park. They are easily accessible 1. A national expression of minimum acceptable to area residents, serving approximately a'/z facilities for the citizens of urban and rural mile radius. They have a playground, multi- communities. purpose court, open space for flexible types 2. A guideline to determine land requirements for of activity, and picnic areas and shelters. The various kinds of park and recreation areas and guidelines recommend 1.00 - 2.00 acres per 1,000 facilities. population. 3. A basis for relating recreation needs to spatial analysis within a community wide system of parks Community Park and open space areas. A community park is a large park ranging 4. One of the major structuring elements that can be in size from 16-25 acres, serving multiple used to guide and assist regional development. neighborhoods, which may include ball fields, 5. A means to justify the need for parks and open playgrounds for different age groups, parking, space within the overall land use pattern of a picnic areas, passive areas, tennis courts, region or community. swimming pool, recreational building, restrooms, multi-purpose courts and a meeting area for The purpose of NRPA guidelines is to present park and special events. These parks usually contain recreation space guidelines that are applicable for multiple ball fields and are lighted for evening planning, acquisition, and development of parks. These play. In addition, the community park should be guidelines should be viewed as a guide.They address placed along a major road for easy access. The minimum, not maximum, goals to be achieved. The guidelines recommend 3.0 - 5.0 acres per 1,000 guidelines are to be coupled with conventional wisdom population. and judgment relating to the particular situation to which they are applied and specific local needs. Competition Fields Are fields built to the specifications of the Park Classification System type of sport playing on the field, either it be soccer, baseball or softball, and meet all league When evaluating existing or future parks in Denton, it requirements for competitive play/sanctioned is necessary to classify each park by type, size, service events. They typically are fully lighted, irrigated, area, and acres per 1,000 population. The following six have spectator bleachers, adequate parking classifications for parks have been established for the facilities, and restroom/concessions readily City of Denton: available. r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf k` r Practice Fields Playscape (promotion of creative play/play Are open spaces used only for practice, and with nature); the space should be as natural as have no baselines, foul lines, pitcher mounds, possible, with as little man made components as permanent goals or irrigation. possible. Using native plants, rolling hills, lots of trees; playscapes represent a natural place such as City Park a forest. Playscapes are designed with the intent A city park is a large park ranging in size from 25- of bringing children and people back to nature. 375 acres, serving multiple neighborhoods, which Playscapes offer a wide range of open-ended play may include ball fields, playgrounds for different options that allow children to be creative and age groups, parking, picnic areas, passive areas, use their imagination. Playscapes offer a wide tennis courts, swimming pool, recreational range of developmental benefits to children, building, restrooms, multi-purpose courts and rehabilitation programs and all people in general. a meeting area for special events. These parks usually contain multiple ball fields and are lighted The Playgrounds were inventoried as follows for for evening play. In addition, the city park should the City of Denton: if all the play equipment lies be placed along a major road for easy access. The within one space/share fall zone material, they guidelines recommend 5.0 - 10.0 acres per 1,000 were counted as one playground, if there are population. multiple pods with play equipment in each, and connected by concrete walks, they were counted Special-Use Park as individual stand alone structures. A special-use park is one that serves a unique recreation type, serving a large area, perhaps a regional population. Typical examples of special parks are extreme sports facilities, an off-road vehicle course or a nature center. There are no specific guidelines for number of recommended acres. Open Space/Linear Park A linear park is an area of open space that usually' +r3 runs along a drainage corridor, utility easement or body of water. These parks use the linear aspects of the open space to serve different types of trails. These trails typically tie into key locations p' z such as schools, residential neighborhoods and other parks. There are no specific guidelines for number of recommended acres. yi Playgrounds A playground is an area designed for children to play freely. Modern playgrounds often have recreational equipment such as the see-saw, merry-go-round, swingset, slide, climber, walking bridge, jungle gym, chin-up bars, sandbox, l t spring rider, monkey bars, overhead ladder, trapeze and trapeze rings, playhouses, and maze, many of which help children develop physical, coordination, strength, and flexibility, as well as providing recreation and enjoyment. Common in modern playgrounds are "play structures" that link_ many different pieces of equipment. F .YcTFr.._ r Jl~ fr ~ f~ f 1 V ~ `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r EXISTING 1 IlV DENTON Mini-Park Total 0.00 Neighborhood Park Avondale Park 17.85 Bowling Green Park 18.00 Briercliff Park 9.62 Carl Young, Sr. 9.80 Cross Timbers 70.20 Fred Moore 10.00 Joe Skiles 5.50 McKenna Park 18.00 Milam Park 1.021 Nette Shultz 10.00 North Pointe 10.33 Owsley Park 0.50 MLK 5.00 Total 185.82 Community Park Denia Park 23.00 Evers Park 29.41 Lake Forest & Wiggly Field 69.32 Mack Park & Roberts Field 21.626 Total 143.36 City Park North Lakes Park 351.00 Quakertown Park 32.00 South Lakes Park 187.29 Waterworks/Skate Works 17.00 Total 587.29 Open Space/Linear Park Airport Road 41.63 Bent Creek 21.47 Cooper Creek 3.00 Pebblebrook 24.00 Preserve @ Pecan Creek 9.90 Robson Ranch 16.88 SW Park Property 196.50 Wheeler Ridge 6.00 Woodrow 8.800 Vintage 40.35 Total 368.53 Trail/Open Space Cooper Creek Trail 23.61 Rail Trail 97.00 Sequoia 5.50 Total 126.11 Special-Use Park Clear Creek Natural Heritage Total2,700.00 Cemetery 1. 0. 0. F. 25.00 Oakwood Cemetery 13.00 Total 38.00 TOTAL 4,149.11 r Jlfr ff 1 V .li rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , . ~ ~ . ~ ~is ` ~ ,yf E` r P ! LLRL t:E GUIDELINES The following classifications are intended to be used as guidelines, they are based on National Recreation and Parks Association and the American Academy for Park and Recreation Administration Guideline 1995. A revised classification for the City of Denton parks, recreation areas, and open spaces will take into consideration local community needs. Mini-Parks Between 2,500 sq. ft. and one Less than '/a mile distance No Specified Acre in size in residential setting Neighborhood Parks 1.5 -15 Acres Approx. 1/2 mile radius 1.00- 2.00 ac/1,000 Community Parks 16 - 25 Acres Several neighborhoods up 3.00- 5.00 ac/1,000 to 1.5 mile radius City Parks 25 - 375 Acres Several communities. 1 5.00-10.00 ac/1,000 hour driving time Special Use Areas Varies depending on desired No applicable standard Variable use Open Space/Linear Parks Developable area outside of No applicable standard 1 ac/1,000 the designated floodway zone. IE 12 - 21 Ac/1,000 TOTAL Population COMPARISON OF PARK LAND ACREAGE AND OPEN SPACE STRATEGIC PLAN GUIDELINES Based upon the guidelines for each of the previous park classifications, the recommended park acreage per 1,000 Mini-Parks 0 population for the City of Denton ranges from 12 to 21 Neighborhood Parks 185.82 acres. The City of Denton includes a total of 4,149.11 acres of park land, including Clear Creek Natural Heritage Community Parks 143.36 Center which is located in northeast portion of the city; City Parks 587.29 Lake Lewisville's upper floodplain. The property is part of a long-term lease from the U.S. Army Corp of Enineers. Open Space/Linear Parks 368.53 The ratio including Clear Creek Natural Heritage Center Trails/Open Space 126.11 is 35.92 acres per 1,000 population and 12.55 acres per 1,000 population excluding Clear Creek Natural Heritage Special Use Areas 2,700.00 Center, at its current population of 115,506. The Cemeteries 38.00 tables on the following pages summarize the acreage guidelines and the standards applied to the existing TOTAL PARK ACREAGES 4,149.11 parks in Denton. r Jlfr ff 1 V .iii rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , . ~ ~ . ~ ~is ` ~ ,yf k` r P! 'i LtfL t:E GUIDELINES APPLIED TO DENTON P- IL ' 1'VJ Based upon NRPA standards for each of the previous park classifications, the recommended total park acreage per 1,000 population ranges from 12 to 21 acres. When evaluating Denton's total park acreage as compared to NRPA Standards, it reflects that the City is currently above the recommended standards, if including the 2,700 acres of Clear Creek Natural Heritage Center. If the 2,700 acres is deducted from the total count then the City falls right at the minimum amount of total park acres per 1,000 population. However, when comparing park facility types, Denton falls short in the community, and city park acreage. This creates an overall shortage of 1,014.91 acres. This is based on the current 2008 population of 115,506 for Denton. If the City continues to grow in size/population the shortage of park acres will continue to increase. The tables below and on the following pages summarize the NRPA acreage standards and the standards applied to the existing parks in the city of Denton. Park Facility Range in Acres Range in Acres Range in Acres Range in Acres Mini Parks Varies Varies Varies Varies Neighborhood Parks 115.5 ac. to 231 ac. 132.6 ac. to 265.2 ac. 155.7 ac. to 311.4 ac. 181 ac. to 362 ac. Community Parks 346.5 ac. to 577.5 ac. 397.7 ac. to 662.9 ac. 467 ac. to 778.5 ac. 543 ac. to 905 ac. City Parks 577.5 ac to 1,155 ac. 662.9 ac. to 1,325.8 ac. 778.5 ac. to 1,557 ac. 905 ac. to 1,810.2 ac Special Use Areas Varies Varies Varies Varies Trail/Linear Parks 115.5 ac. 132.6 ac. 155.7 ac. 181 ac. TOTALS A. Population numbers provided by the City of Denton. B. Population projections provided by North Central Council of Governments. PARK ACREAGE GUIDELINES COMPARED TO 2008 POPULATION Park Facility Range in Acres Range in Acres Mini Parks Varies Varies Neighborhood Parks 115.5 ac. to 231 ac. (70.32 ac.) to (-45.18 ac.) Community Parks 346.5 ac. to 577.5 ac. (-203.14 ac.) to (-434.14 ac.) City Parks 577.5 ac to 1,155 ac. (9.79 ac.) to (-546.20 ac.) Special Use Areas Varies Varies Trail/Linear Parks 115.5 ac. (10.61 ac.) TOTALS 1,155 ac. to 2,079 ac. (-112.42 ac.) to (-1,014.91 ac.) A. Population numbers provided by the City of Denton. B. Population projections provided by North Central Council of Governments. F r Jl~ fr ~ f~ f 1 V ~ .iii rF i r, ~f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r I-' ! A LtfE_, t:E G UII) fEI3 TO 2015 POP U ION Park Facility Range in Acres Range in Acres Mini Parks Varies Varies Neighborhood Parks 132.6 ac. to 265.2 ac. (53.22 ac). to (-79.38 ac.) Community Parks 397.7 ac. to 662.9 ac. (-254.34 ac.) to (-519.54 ac.) City Parks 662.9 ac. to 1,325.8 ac. (-75.61 ac.) to (-738.51 ac.) Special Use Areas Varies Varies Trail/Linear Parks 132.6 ac. (-6.49 ac.) TOTALS 1,325.8 ac. to 2,386.5 ac. (-283.22 ac.) to (-1,343.92 ac.) A. Population numbers provided by the City of Denton. B. Population projections provided by North Central Council of Governments. Pf1RKACREAGE GUIDELINES CO.,11DA.REDTO 2020 POPULATION Park Facility Range in Acres Range in Acres Mini Parks Varies Varies Neighborhood Parks 155.7 ac. to 311.4 ac. (30.12 ac.) to (-125.58 ac.) Community Parks 467 ac. to 778.5 ac. (-323.64 ac.) to (-635.14 ac.) City Parks 778.5 ac. to 1,557 ac. (-191.21 ac.) to (-969.71 ac.) Special Use Areas Varies Varies Trail/Linear Parks 155.7 ac. (-29.59 ac.) TOTALS 1,556.9 ac. to 2,802.6 ac. (-514.32 ac.) to (-1,760.02 ac.) A. Population numbers provided by the City of Denton. B. Population projections provided by North Central Council of Governments. PARK ACREAGE GUIDELINES CO 11PARED TO 2025 POPU ATION Park Facility Range in Acres Range in Acres Mini Parks Varies Varies Neighborhood Parks 181 ac. to 362 ac. (4.82 ac.) to (-176.18 ac.) Community Parks 543 ac. to 905 ac. (-399.64 ac.) to (-761.64 ac.) City Parks 905 ac. to 1,810.2 ac (-317.71 ac.) to (-1,222.91 ac.) Special Use Areas Varies Varies Trail/Linear Parks 181 ac. (-54.89 ac.) TOTALS 1,810 ac. to 3,258.2 ac. (-767.42 ac.) to (-2,215.62 ac.) A. Population numbers provided by the City of Denton. B. Population projections provided by North Central Council of Governments. r Jlfr +f 1 V `i rF , ,r f ~ . ~ ~ ~ f s rr E ~ ~ + E ~ << ,f ~ t` ' fi, , ~ ~ . ~ ~i: ` ~ ,y+ E` r CC :'I '-)II.SONI-ICILITYDL1 1 RRI tfTC(J :_--TIV i -IIONS Another way to analyze Denton's park system as compared to NRPA Standards is by facility development. This allows a detailed review of current facilities available versus recommended facility developments based upon population numbers and the NRPA suggested guidelines. Facilities comparison allows the City to determine where more recreation facilities are needed throughout the community. The following table located on page 80, provides a detailed facility review based upon the 2008 population and projected year 2025 population in Denton compared to NRPA recommendations. As stated in the 2000/2001 Plan the City has done a good job keeping up with the demands for baseball fields, and swimming pools, but the City does fall noticeably short in meeting facilities, recreation center square footage, miles of soft surface and concrete trails, all types of practice fields, basketball courts, softball competition fields, soccer fields tennis courts and volleyball courts. As the population continues to increase over the next 5 to 10 years, facility needs and demands across the board will increase. The recommendations also address the need for recreation facilities such as pavilions, and playgrounds.The City also falls short in these two categories as well, for providing play and shade for the residents of Denton. {(elf ~i F. . r Jlfr ff k V Ali rF i r, f r . ~ ~ ~ f s rr E _ ~ r E ~ << <f ,a t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf • k` r 1 1 CIL,ITY 1 ' V I GUIDELINES FOR THE CITY OF DENTON Baseball Fields 1 per 8,000c 14.44 16.57 19.46 22.63 (Competition) Baseball/Softball Fields (Practice) 1 per 8,000c 14.44 16.57 19.46 22.63 Basketball Courts (Outdoor c & Indoor) 1 per 8,000 14.44 16.57 19.46 22.63 Disc Golf Course 1 per 20,000° 5.78 6.63 7.79 9.05 Football Fields (Competition) 1 per 20,000c 5.78 6.63 7.79 9.05 Hard Trail (Paved) 1 mile per 4,000c 28.88 miles 33.14 miles 38.93 miles 45.25 miles Pavilions 1 per 4,000° 28.88 33.14 38.93 45.25 Picnic Tables 1 table per 400c 288.77 331.45 389.25 452.54 Playgrounds 1 area per 2,000c 57.75 66.29 77.85 90.51 Multi-Use / Soccer / Football Fields (Practice) 1 per 10,000c 11.55 13.26 15.57 18.10 Softball (Competition) 1 per 7,000° 16.50 18.94 22.24 25.86 Recreation/Community D Center 1 S.F. per person 115,506 S. F. 132,579 S. F. 155,700 S. F. 181,015 S.F. Running Track 1 per 20,000c 5.78 6.63 7.79 9.05 Soccer Fields (Competition) 1 per 7,000° 16.50 18.94 22.24 25.86 Soft Trail 1 mile per 8,000° 14.44 miles 16.57 miles 19.46 miles 22.63 miles Inline Skating Court 1 per 25,000° 4.62 5.30 6.23 7.24 Skate Park 1 per 100,000° 1.16 1.33 1.56 1.81 Sprayground 1 per 10,000° 11.55 13.26 15.57 18.10 Swimming Pool o (community) 1 per 25,000 4.62 5.30 6.23 7.24 Tennis Courts 1 court per 10,000° 11.55 13.26 15.57 18.10 Volleyball Court (sand) 1 per 10,000° 11.55 13.26 15.57 18.10 A. Population numbers provided by the City of Denton. B. Population projections provided by North Central Council of Governments. C. Facility guidelines from Recreation, Park and Open Space Standards and Guidelines. D. Recommendation by consultant team. ~y F ~J Sanger ~ ily a ~ nn 7 li e 41 1 „yre~~rrmdu,am.~-~.. ~~,I oN~rrrd Krum g,...d ~yar~iil ~w 1288 F„A s uu A n P•,u ~ ~ - _ S~WI ~Y~ ~r t'~"'!~ngrry°.."Tri'M,rn~ ..380 nr ,n r~ra~=area _ 'I p rI i pp pp ~ I{{ t y tl I i r e Z V V r • ; •a ~ l~ i rp pie q i r" f Shady Shores s 1 r y v P 9 { Corinth 377 o air ~eL ! Lake Da s Legend 2 ~ y@5 .Parl..,.,rvice Area (OS miles) o a~s Argyle Por sa,oois rport Copper Canyon -oooF-liry too Lndfill too waseo ualieios Corral City morn Faoo1ey Northlake Bartonville ,i o 0 Flo ..ei r.Lmmd r r' 0 LJ Sanger 1 I ~ d PI,W'R9f91'sN~'~ p it 9 I ~ A E ~MyH$, J1.4 Al~ pp Q Ipw~~. ~ tiW7~ fl 'J Ail.. rh;~pp wIP^°~' a '~~,°IBw~11r~u11i~JIL, B1w'J t. il~I IPS~6uJh~in, ~Y KrumI~ of Y C 9 e a 1 200 ~ 6 i^ lat~lµ rN°P" "rn* • in 380 - - _I~ wxl,r.. ~nvra J I~ ~ q e fly„ D~'irt 1 1 1 n I , • r'_ t I rl ii , I bj; s - lir I tl F C Shady Shores ~IJ f lei Mw -r Corinth 377 acs ' Lake Dallas e ~rri...rr,.,T aP rr,r.a.• _....i,: Legend 2 m m unity Park Service A- (1 mile) m~~slwa..r~rvr~P.~a®...~.~~.~w•,*NIN arks in m ry Argyle guL D,ools irport Copper Canyon ref oerne Feooity ,of .1t-L-Ifill y of Denton Weste Utilities Corral City -tF-lity Nolthlake ~Siti Bartonville rsity- I ,use Flo ..eI M,und 1 r' _ 0 ~J Sanger e I M I d A ~R~ramr'p 1a r rff.4r,Aei~) iii g r 1i..~,r.ani•y 1,,.. 1 Krum P 4 ~r' a A- 380 It Denton` f r, ~I! I 9 ~ ~'I sx I I ~~~Y p~md •q~~11~t~~i9 ~ lY {t C. i d f6 Shady Shores ~C ~ ~ l ~uruSr .9 you Corinth 377 p~ afi Lake Dallas e ~Ri~..rr,.,T ar ~~r.a.• _....iLegend zl use Cit le Park Service Area (3 miles) ram - ma~5~5119rM~Y~~.~d~"`~"~R'RflrM ~ Parks t ry Argyle Po Dols rport Copper Canyon tyotoeonFaality renton Landfill -oon v ste utifiees Corral City -tF :ility Northlake Bartonville ooree Flo ..ei r.Lmmd r' I . r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r TRAILS The Importance for Planning Trails Throughout provide alternate means to get to work and to retail the City of Denton areas. Throughout the United States, trails are always one Providing a trail system throughout the City of of the most popular amenities provided by Parks and Denton is promoting a better quality of life for the Recreation Departments. With Texas's all year long citizens favorable weather, trails are often the most frequently requested feature by the citizens. Trails can offer many Purpose of the Trail Master Plan benefits: The goal of this plan is to identify potential trail routing • The trail system will provide opportunities for for pedestrians, bicyclists, and other trail users within various experiences for youth and families. Some the Denton community in order to enhance the quality of these experiences could include scenic outlooks, of life for its citizens. The primary emphasis of this study nature observation areas, picnic and rest areas (trail has been the identification of potential connections from heads). Links to trails from other cities and provide residential neighborhoods to local schools, parks, and interesting and educational destination sites (Rail other key destinations such as shopping, work, or simply Trail, possible Veloweb connections). visiting friends and family. • Trails offer something for everyone, from the This plan also addresses the needs identified for trail very young to the elderly.Trails can provide the development in the Parks and Recreation Master Plan opportunities for citizens to explore different parts citizen survey conducted July of 2008.This long range of the City never seen before, such as connecting plan envisions a system of trails that connect all of neighborhoods together, parks, schools, and Denton, allowing one to go from one end of the City to connections to retail areas. the other. The main focus of this portion of the plan is to identify key trail corridors and guide in the creation of • A trail system can provide safe, accessible routes a City wide trail network system.This plan will provide for children and others who either cannot, or may guidance on the preferred location for trail corridors and choose not to drive automobiles. A diverse trail will assist the City in acquiring greenbelt corridors for system also provides an opportunity for recreation, trail use. exercise and enjoyment of the outdoors. A successful trail system will contribute to the quality Developing a community-wide trail system can be of life for Denton, by helping establish a unique bolstered by partnering with developers. With on- sense of place for individual neighborhoods and the going growth in Denton, the City has a tremendous community as a whole. opportunity to shape the way future development looks • Trails promote a healthy lifestyle by providing and serves the citizens. The City needs to be proactive opportunities to engage in exercise in a fun setting, in guiding development projects that can accommodate whether by simply walking or through more trail related improvements to serve a wide range of users. strenuous activities such as running, cycling or rollerblading. The Trail Master Plan is intended to be flexible, so as to remain a viable tool for the City of Denton, as it • The City can use trails to help enhance street right- continues to grow and change.This plan will continue to of-ways, utility easements/ROWS and greenbelts, and serve for many years, but should be periodically updated at the same time preserve them as well. so as to reflect current conditions within the City, and its neighboring communities. • A trail network represents the most basic off-street transportation network within the City. Trails can provide alternate ways to get to key City destinations such as libraries, parks, senior centers, pools, recreation centers, and City Halls. They can also The trail system connections recommended in this Master Plan creates an opportunity to enhance not only recreation opportunities but also to influence the appearance of most of Denton. The vision of this plan foresees a network of beautiful corridors that allow users to easily go anywhere in Denton by walking or riding. The following goals were developed through the master planning process, and serve to guide in the alignment and layout of both the trails proposed by this document and additional pathways proposed in the future. 1. Creating a System - The ultimate desire and goal for the city is to create an interconnected system of trails that allow for multiple connections throughout the city. Segments (Rail Trail) which are currently not connected should be joined into an overall network of continuous trails. 2. Connectivity -When laying out future trails, trail corridors, and alignments should be designed to provide linkages between parks, neighborhoods, schools, and key civic and community destinations. 3. Access - Access to the trail system must be considered during all planning and design projects throughout the city. Consider sidewalks connections to the trails, to complete "trail heads"with parking and comfort facilities such as shade shelters, benches, and restrooms. 4. Safety -Trails should provide safe access for walking and riding, and provide a smooth walkable surface, which are visible and open. 5. Coordinate Trail access and acquisition with other City Departments. 6. Identity - Segments should be designed so that they convey the physical and historical character of the City of Denton. 7. Learning - Provide corridors for unique opportunities in learning, and access to natural habitat areas in the City which should provide ample opportunities to learn about the environment. 8. Beautification - Adding landscaping along trails/intersections/trail heads, provide beautification and enhancement in the physical appearance of the city, whether through new pedestrian features, or by revealing natural areas not previously visible to the general public. r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ E` r rethodolox;, The methodology used to develop this portion of the Master Plan is graphically represented below.The process includes input from City Staff, and Citizen User Groups on where trails should connect and possible new locations. r r; J _ i •,2_,~' tYf !1 _ R ~ i tow"', r J11 fr i1 f 1 V `i rF 1 1r, 1 ~ . I ~ ~ f s rr E _ ~ r i t ~ I 1 ~ t` ' fi, , ~ ~ . ~ ~i` ` ~ yl • k` r Coordinate with Veloweb/Regional Trail Planning Efforts Regional planning of trails for the Dallas-Fort Worth Metroplex is organized by the North Central Texas Council of Govern ments.(NCTCOG) The Regional Veloweb as proposed by NCTCOG is currently 644-miles of designated off-street trail network that has been planned to provide bicycle and pedestrian connections in the Dallas-FortWorth Metro plex. The Veloweb alignment was determined through the cooperative efforts of local governments and NCTCOG. NCTCOG offers funding to land use projects promoting alternative transportation modes or reduced automobile use in an effort to address mounting air quality, congestion, and quality of life issues.The maps below identify the current planned Veloweb connections in Denton, when planning/designning future trail alignments the City needs to ensure they are considering the Veloweb Plan. This is a great opportunity to connect Denton to the the surrounding communities. Source: n. , 9 r I F-I w o ori "_.I L q s rv. Y if 407 L N He . . F-I r- g NCTCOG website wwwnctcog.org ° Funded off- streettrails NCTCOG website wwwnctcog.org Veloweb - Candidate Bicycle and Pedestrian Transportation Existing off str eettrails Bicycle and Pedestrian Transportation rVeloweb - Recommended F unded on- str eetfa alities Existing off-streettrails Existing on-street facilities Veloweb - Candidate Veloweb - Recommended sy F r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r T visting Ti-ails in Denton Denton's existing trails are very well conceived and located, and are heavily used by the citizens, and user groups. There are a couple of concerns which have been voiced by the residents of the community; a interconnected network trail system throughout the City is much desired, along with the width of some of the existing trails, and if they can support significant numbers of users. These needs/demand are not only a good idea to plan for but to construct, as seen on the Facility Development Guidelines chart on page 80. When comparing the hard surface trail guidelines ratio of 1 mile per 4,000 population and the soft surface trail guideline ratio of 1 mile per 8,000 population, the City of Denton has a deficit of 19.03 miles of hard surface trails and a 2.57 mile deficit in soft surface trails.The City's recommended miles as suggested by NRPA for the current population of 115,506 for hard surface is 28.88 miles; the City is currently providing 9.95 miles, the soft surface recommendation is 14.44 miles, with the city providing 11.87 miles. The map on the following page illustrates the overall existing trail segments in Denton. th Cooper Glen Open Space Coc, >.'Trail ark Windsor Olsen Slsace - Avondale Par' Nett. S. : W I ::eyuuia Cooper C. WK.niia Park ouak.rtown Milan r. n owsley Park Pa IOOF Cemetery sn Space Denia Park - doe Skiles Park S--- s Park - c, Pal, a Open Space Park d Park Mack Par'. i Roberts Fie:. ` Young. Sr. Palk - :,netery Legend - r W spsdal uss Trails - Status, Type ~~EZ Stng, Community Trail ~ Existing, Natu ral Tr, r ' 'ridor r i,g, Nsigndomood Tamil y an6 tsry J 'o f Denton Facility I f of Denton Landfill of Denton Waste Utilities nment Faality l h ty ' ty- ur 4' b -,4 4.r r t Tiail Tj;pes f i- the City a, f Denton All types of people enjoy trails, whether they are young ry 4 or old, active, or just enjoy taking a leisurely stroll, everyone can find entertainment on a trail. This plan y` ' A r~ recommends a variety of trail types in all areas of the city, to promote accessibility and connectivity throughout. Identifying the users of trails will lay out the foundation for the entire trail system. By developing a hierarchy of trails, a consistency to trail development, creates a clear picture of what the system can and will be in the future. r Trail Users When designing a trail it should be designed to accommodate a variety of users. Trail systems create Cyclists - will use the trail for exercise and activity, an environment that feels safe and comfortable. This there will be a wide array of experience cyclist.The environment draws activity to them, and encourages interest here is in the connectivity of the trail system, participation by non active residents.Trail users include: and they usually prefer more trail alignments than trails with higher speeds.This group can also include Walkers -may include individuals walking for children and youth who will be riding their bikes to exercise, or individuals walking to a destination., schools or from neighborhoods to neighborhoods. which could include senior citizens or families, with g.k children and baby strollers. The trail should be wide enough for passing since walkers usually walk side by side. z L y ° st;Jl' ti`•: it r f' ~r r,yII~ III r } ."i- µ ~C !yF r 'Ka t r F , w: ~Higher speed cyclists and commuters - more experienced riders are the individuals who are more interested in the higher speed trails. Most of these Joggers and Runners - use trails for exercise, activity, users will prefer riding on-road trails instead of off- and training for longer runs. Joggers and runners will road trails. If the City decides to design off-road high run at different speeds so it will be essential to have speed trails, trail alignments with shallower curves lanes for passing safely. Also the City might want to are favored by these users and should be considered. consider decomposed granite or asphalt for running With the higher speeds, the trails will need to be trails, the softer surface is better and more preferred designed wider, to reduce conflicts with other trail by runners. users, for safety reasons. r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r Mountain biking -These users can travel on most Ti-Bail11'eathvva~~s Guidelines surfaces from crushed rock to a more natural trail surface, and prefer trails with a challenging terrain. The intent of the trail/pathways classification is to encourage planning for light weight traffic facilities in In-line skaters / skaters - these users will occupy a the same comprehensive fashion that is recommended large cross section of the trail, due to the fact they for parks, open spaces, community lands, and motorized swing their arms to gain momentum. Skaters will also transportation systems. use a large portion of the trail for tricks, and to gain speed. In the following paragraphs are explanations of the different classifications of trails as specified in the Park, Recreation, Open Space and Greenway Guidelines (A LL project of the National Recreation and Park Association and the American Academy for Parks and Recreation Administration). M ~ 3 z " Park trails are multi-purpose trails located within greenways, parks, and natural resource areas.They are the most desirable type of trails because they; Jr emphasize harmony with the natural environment, allow for uninterrupted pedestrian movement and linkage throughout a park system, and the entire community, and finally they protect a user from urban development and associated vehicular traffic. (see following sheet for , more detail) Connector Trails or recreation connectors (neighborhood trails) emphasize safe travel for pedestrians and bicyclists to and from parks and around the community. In general connector trails are located within existing road right-of- ways and utility easements or along artificial drainage ways. Bikeways (on street trails) are paved segments of x , 4'r roadways that serve to safely separate bicyclist from traffic. { ' r vk t: i All terrain bike and equestrian trails are similar to park trails in that the emphasize a strong relationship with the natural environment, through somewhat different reasons.They are most often located within natural resource areas, greenways, community parks, and special f use facilities, such as golf courses. # f'` ' From this system-wide planning perspective, a comprehensive light traffic system will emerge that is intrinsically tied to the park, open space, and general land use/transportation system within a city, as well as a k { - adjacent communities and regions. A u V r Jlfr f' f k V `i rF i tir"l~ ~ . ~ " ~ ~ f s rr E ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~i: ` ~ ,yf k` r Cotegoi°ies ofTi-ails fai~ the City of Denton high use, but a soft surface trail can be constructed along one side for runners and joggers. Trails in Denton will encompass several types of facilities, each with its own size and character. Where possible, trails should follow the standards and guidelines set by the American Association of State Highway Transportation Officials (AASHTO).The recommended trail types are described in greater detail below and on the following of pages. (Regional or Arterial) Community Wide Trails h _ ei Community wide trails are intended to provide j i x-. .r i7a a r~ access from one side of the city to the other. This type of trail will create a major connection through the City, unifying the community. The Rail Trail is a Community Trail, City Staff needs to consider crossing {off y` r 'Ail options at North Loop 288, such as an elevated , pedestrian bridge for safe crossing.This will allow the trail to continue onto the Clear Creek Natural;; I -r Heritage Center. The two maps located on page 87 where produced by NCTCOG, they have identified areas where they would like to see the veloweb run through Denton. One shows a connection with Sycamore Bend Park in the City of Hickory Creek, this will give the citizens of Denton a direct route via trail to Lake Lewisville, and a x, y{ , nice nature based park, with a boat ramp, hiking, and hunting areas., +'r` r Community Trails are also Bicycle and Pedestrian Trails, which can provide dual service for both types F of non-motorized transportation. "In most urban r communities it is more typical that a pathway will n'z,►-_ be initially designed to attract both pedestrians and bicyclists. Indeed the mix also included in-line skaters, w~ roller skaters, baby carriages, equestrians and other > _ ' ° rt4p y; r' activities" (The Traffic Safety Toolbox, p. 209). Where existing right-of-ways are wide enough, the parkway area provides an opportunity for a wide trail that can accommodate both bicyclist and pedestrians. The recommended trail design should be a minimum of m/ 8 feet wide (10-foot preferred) and set back from the street pavement a minimum of 6 feet per AASHTO ,.fyY Standards. Trails should be all-weather, slip resistant material such as concrete or even pre-cast pavers that, provide texture and visual interest. Typically Community Trails are 10'to 12'wide with 2'shoulders, to handle high volume of users. These trails should be constructed of concrete to support i , f t Neighborhood Trails The neighborhood trails system represents the most basic off-street transportation network within the City and should be readily available along most city streets and throughout neighborhoods. "Sidewalks separate pedestrians from the roadway and provide paved places for children to play instead of the street. Sidewalks have been shown to significantly reduce the number of pedestrian accidents in residential and business areas (the Traffic Safety Toolbox, p. 190). Located within the parkway, the recommended sidewalk should be a minimum of 6 feet wide with 3-foot buffer between the edge of the street pavement and the edge of the sidewalk. ADA requires U Aj walkways to be accessible to all users, with running grades less than 5% and cross slopes less than 2%. Sidewalks should be all-weather, slip resistant material such as concrete. Street furnishings, signs, u utility poles, mailboxes, and other objects need to uf, be considered so that pedestrian movement is not impeded. The Master Plan proposes new Neighborhood Trails along streets to provide connections to major destinations and recreational sites throughout Denton. For example Bowling Green Park has a very nice trail, this trail needs to continue on and connect this neighborhood to North Lakes Park. The designated Neighborhood Trail system, as1 kk shown on the following map, is not intended to define the total system in Denton but the priority 3 w,' network throughout the City. The Neighborhood Trail network defines a crucial system that should be designated as top priority and given early funding for implementation. One priority includes providing sidewalks from school facilities to local parks and " neighborhoods. This would allow students and opportunity to travel to school and back within a safe, off-street environment. An additional priority area would be to connect parks to other city facilities throughout the community. -K rr m 6'slde'walk 3~! . •y- } M, „a setback frnars q t ; 4~ , 1 5#r_erP,. ;c•i,,raries! arkwayt~arresk . r J~ l~ fr ~ f~ f 1 V' ~ r .`i rF i t, ~f ~ t . i . - ; . ~ f s rr E ~ ~ t ~ ~ r~ rf r~ t` ' fi, , . ' ~ ~ . ~ ~i` ` ~ yf ~ t` r` Natural Trails/Greenway Corridors y r Natural Trails and Greenway corridors offer a very r r ` s~ important diversity of recreational activities within a natural setting. Such activities might include walking/ jogging trails, nature trails, interpretive areas, bird watching, picnicking, and sightseeing. The greenways will need to be carefully coordinated with other City rrrr + ~s departments such as Engineering, Drainage, and Traffic to ensure that a multi-objective approach is taken in planning improvements within the drainage corridor. It will also be important to maintain a wide enough corridor to ensure the natural environment is ` not impacted by potential development activities. These trails should be 8'to 1 Win width, but in some cases may be 12'to 15' in width to allow for greater Y visibility within the understory. The trail surface Ls" k~ .W can vary in these areas from compacted earth to concrete. Along trails where there is just compacted earth, there will be normal obstructions such as roots, rocks and understory vegetation, which will need to at be cleared on a regular basis. An additional 2'to 4' should be added for shoulders on either side. ~ Ir ~ ''Mil ~ ; .~,'i. ~y r 16 ~ $ '?y7~~. ',fir ti . Y Rim, t1} . C V33~J - u1 r 1" f 1 ~ r{ 1 f ~ LAS r. - "q i r Jl~ fr ~ f' f 1 V ~ `i rF i r, ~f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r Tiail Type Standai-ds r-- Neighborhood Trail Recommended minimum width 6'-10' Between 2,500 Less than 1/4 ~u w (8' preferred), concrete, asphalt, or ft. to 1 mile mile distance in crushed granite (concrete typ.) access residential r~, i 4 s points from neighborhood streets, setting ~ parks, or schools, corridor width needs to be a minimum of 20' wide Community Wide or Recommended minimum width 10' 1 - 15 miles Approx. 1/2 mile Connector Trails width minimum, 12' for key corridors, radius concrete or asphalt, access points every 1/4 to 1/2 mile (minimum 1/2 mile walk or ride to access point), s w corridor width varies - 50' width, ' minimum , other facilities to consider; parking, locater maps, water fountains, shade shelters, bicycle racks, interpretive/historic signage k.~ Regional Trails Recommended minimum 12' width, Varies Several surface of concrete, access points neighborhoods r every 1 mile (minimum 1/2 mile walk up to 1.5 mile a or ride to access point), corridor width radius k' varies - 50' width, other facilities to consider; parking, locater maps, water fountains, shade shelters, bicycle racks, interpretive/historic signage* Parkway Trails Recommended minimum width 6'-8' (8' Varies No applicable (Adjacent to Streets) preferred) concrete, or crushed granite standard surface ( concrete typical), access 0 , points adjacent to major arterials and # collector streets, and parks, corridor width a minimum of 15' (6' from back of curb, 1' to property line) 410 Trail System Development Issues Trails will seldom lead from door to door, however residents should be able to access trails from their homes via pedestrian and bicycle friendly streets with sidewalks which adequately accommodate bike traffic. People will generally walk about 1/4 to 1 /2 mile to a destination such as parks/trail access, or will bicycle 3-5 miles, trails ideally will be between one and three miles apart. However for children and youth who are accessing trails for travel to school, trails should be no more than one mile apart. The key plan objective/goal is to create a system of trails allowing Denton families, young and old access from their neighborhood streets to Denton's parks, schools, and other everyday destinations. The overall concept for a trail system is to provide access to such destinations whenever feasible. Trails should fit within their environmental and social setting. An acceptable minimum corridor width for most types of trails is twenty-five: however, many factors can effect the feasibility beyond this initial consideration. By establishing a desired corridor width of twenty-five feet, allows for a cushion to exist, to adjust for these factors. r Jlfr ff 1 V .`i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r Trail development along creeks Along creeks and drainage ways in developed areas, residents can benefit from multi-objective partnerships with the City to create pathways/corridors that can double as maintenance access corridors.The creation of these corridors will allow closer inspection by qualified City Staff, facilitating the opportunity to reduce erosion and potential for flooding due to debris build up. Constructing these maintenance-access routes proposed along Denton's creek and drainage corridors can enhance protection of creeks significantly. Guidance for land developers Single-loading is the development term describing 05 streets having houses on only one side. When houses are built along both sides of a street, greenways are placed behind houses and hidden from view, reducing the value to the neighborhood while increasing security concerns. Denton should encourage developers to utilize opportunities to develop single-loaded streets in subdivisions along trail greenway corridors.This is a f design approach that can result in trail development - opportunities proven to be of value in both land conservation and real estate marketing. This was accomplished in the neighborhood which contains Bowling Green Park. Single loading of streets along greenways can be successfully utilized to facilitate development of Denton's trail system. By creating trails between the street and undeveloped land parcels such as flood plains, the sense of security for trail users can be enhanced, by placing them in view of the residents and street users, and also preserve the backyard privacy. Integrating trails with the existing street and sidewalk system Where trails end along roadway corridors, special consideration will need to be given to on-road segments and bike route continuity. While the proposed trail system provides access to all parks in the City, in some instances, such as North Pointe Park, North Lakes Park, McKenna Park, Owsley Mack Park, and Roberts Field, connections will need to be made via on-street routes utilizing continuous sidewalks and bicycle friendly streets. Sidewalks must continue along the roadway from where the trail ends. It is also essential that the street system accommodate people on bicycles. On-street bikeways need to be designed in such a way as to integrate bicycle traffic into normal vehicular flow of the roadway. Ideally these on-road bikeways will have low traffic speeds, low traffic volume, and wide outside lanes. Additionally, these on-road bikeways should have few stop signs or signal lights, few curb cuts or driveways, and minimal interference from turning or parking traffic. Planning for trails interface with an existing roadway often fails to take into consideration the design requirements to accommodate bicyclists'transitions between the path and the roadway. Predictable crossings at established intersections are the most appropriate treatment in these situations. If trail/road intersections are required at mid- block, they should be located well away from intersections 150'or more to minimize the danger of distracted drivers who are engaged in turning maneuvers. However, each roadway crossing should be specifically designed to account for traffic volumes and speeds, as well as that roadway's design. On-street bicycle accommodation plus sidewalks should be included in the design of any new roadways. People who use bicycles for transportation tend to travel to the same destinations as those who drive cars. An analysis of traffic r J' lfr ff k V `i rF i r,f."~ ~ Ifs rrE ~ ~ E:~<<<f ~t` 'fi,, . yfk`,',r counts and speeds, combined with other factors, will be needed to determine a specific road's most appropriate accommodation for bicyclists, and should be undertaken early in this plan's implementation to assure system continuity for bicyclists. In Texas, bicycles are considered vehicles, and bicyclists have the right to use the road system. Many bicyclists ride too fast for trails, and sometimes seek a higher level of efficiency than is available on trails. While the convenience of a trail along a roadway may provide expedient shortcuts for those who choose them, bicyclists should not be denied access to the regular road system. Texas State law states that bicyclists have the same rights and responsibilities as drivers of motor vehicles. At-grade crossing for sidewalks and trails Since this plan recommends not only new trails within parks, but also focuses on creating non-motorized access trails connecting neighborhoods to schools and parks, there will necessarily be numerous at-grade crossing of streets.Trail design should focus on these critical intersections of trail and road. A key element of the plan being safety, the designs of these intersections should create bicycle and pedestrian friendly crossings, which should be achievable through appropriate design treatments. Suggested intersection enhancements, which will promote city beautification are shown above and below. I. t MY A! z i5 F _ .YcTFr.._ r Jlfr If I V `i rF I Ir, l ~ . I ~ ~ f s Fr E _ •I`.~ ~ ~ ~ E ~ I I ~ t` ' fi, , ~ ~ . r ~is ` ~ ,yl E` r Signage Wayfinding, warning and regulatory signage are as important to trails as they are to the road system. Warning signs should be used only where special regulations apply at specific places or at specific times only, or where hazards are not self-evident. The use of warning signs should be kept to a minimum or they can lose their effectiveness. Frequent guide signs, however, aid in keeping trail users on their designated route, and provide information as to directions, destinations and points of interest. Trail user safety and security concerns Trails which are used frequently help ensure trail safety. Another key way to minimize the potential for crime is through volunteer or professional trail patrols, in addition to good trail design. Removing overgrown vegetation and tall shrubs near the trails to eliminate potential hiding places and to maintain long sight lines for users is an important element in creating a sense of safety. However, it is important to maintain or establish vegetative screening to ensure privacy for nearby residents. Other strategies which increase security include signage, lighting and call boxes. Posting trail rules at trail heads with reminders along the trail lets people know what is expected. Strategic lighting, especially at trail heads and in parking lots, may be needed.The need for emergency call boxes and emergency access should be considered during the design for all trails. Street enhancements Street enhancements should be avoided on roadways with multiple intersections or driveways, as each intersection and driveway will create a conflict point between trail users and motor vehicles. Street enhancements are designed to create connections and identity between foot trails and community trails, as well as connection to popular destinations throughout the City of Denton. ~I I I I , II _ I - I i_ r J11 fr I fl f I V , ,~i rF i r, f ~ . ~ • ~ ~ f s rr E _ ~ ~ ~ t ~ ,f s t` ' fi, , ~ ~ . ~ ~i` ` ~ yf E` r Trail access points and trailheads Access is one of goals set in this plan, accessibility is highly desired for trail corridors. With more access points along a trail, there is an increased sense of security. The City's most used trails will be located within parks. Access points should be as little as 1 /8 of a mile apart from neighborhood trails, and typically no more than 1 /4 of a mile to 1.2 of a mile for all other trail types. Typical Trailhead includes: • Parking for 10+ cars • Small Shade Structure/Pavilion • Drinking Fountain • Emergency Call Box • KioskwithTrail Map and Information (wayfinding) • Bicycle Parking Stand • Optional Fitness Stations or Warm-up Stations • Landscaping/Seasonal Color • Major trail Identification Sign • Restrooms • Optional Bike Lockers "Al I T r. ,x 1 5 , i;', .ter I 14 r \ - yy 1 r ~ A A ee ~ ~v G ~~I1T~111 ; b %377 I ~ p "kLE ."il l.i"P`t2°. tYil nYf L.YI IIII~°ILl 11 p,l ! ~ tiYk 11PI MP 0 y ` o'o ti, M 38G s , - - - it e ~I i I V ~I1 P"'11 h twdo~ ~ I 2 6 ~ (I~ _ gaayy., I p S.. I ~ 6" I p' m 219551 d4.s~.e..~. 1 t do I Shady S haes $$II " 4aF ' I L . . I Jwa4~_~ 2N~tt„_I,kwl~a Dent~,n 377 { L: I:rI I ICI Ti ai is - Status, Type Argyle tI , g, C,mms,Ity Wid T-l II ti,g, Naturzl Trail/Gi-...-y corndoi- F tmg, NSlgndomood Tau T meal, community wide Trail Potential, Natui-al TraivGi-... aycomdor CorralCity F meal, NSlghbomood T1all Copper Canyon 19 Pai-xs II pools oft F Y Northlake Bartonville Ll,dfill srno, w sts uelltlas FlowecMound TmsItFaotil w 3ey f~ Dnuhl-- oak -ry p I I r J' lfr ff 1 V `i rF i r, f ~ . ~ ' ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' i~. , ~ ~ . ~ ~is ` ~ ,yf E` r EC'C, ,JE'NDATIONSI P I® ITIE'S F® The results of the priority ranking were tabulated into Y IASTE 'LA three categories: High Priority, Moderate Priority, and Low Priority. The table on the following page provides The recommendations and priorities in this section a summary of the priorities for the City of Denton. Pages are a result of incorporating the inventory, standards 103-107 are the detailed summary of priorities. All analysis, and needs assessment into a ranking of priority items, no matter what the ranking will be pursued or needs. From the priority needs, an Action Plan has been developed as funding is available. established which will direct the growth, development and maintenance of the parks, recreation, and trail system in the City of Denton for the next five to ten years. The recommendations are based upon an existing' ; population of 115,506 and a projected population of 155,700 in 2020. Priority Summary : At the completion of the citizen survey during the needs assessment phase, a method of ranking priorities was - implemented. This method included an extensive review, of all standards, citizen input, staff input, City Council input, Parks Recreation and Beautification Board input, ; Park Foundation input and consultant recommendations. The following factors were considered in order of yr m importance with weighted values assigned to each: A 1. Citizen Input/Survey Results (50 The specific needs and requests by the City of Denton community. x 2. Parks and Recreation Staff Input (15 /o),1. The specific needs as identified by staff based upon recreation programs and demands upon r resources. 3. Parks, Recreation and Beautification Board Input (10 Specific needs throughout the community as identified by appointed board members. m+ IK 4. Parks Foundation Input (10 Specific needs throughout the community asp; ¢ identified by appointed board members. 5. City Council (5 Specific needs throughout the community as identified by City elected officials. " 4. Consultant Evaluation (10%) Professional recommendations based upon years - ' of park planning/design experience as well as.' assessing the unique needs of the City of Denton and its community, demographics, etc. r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r S U,,J, Y OF PRIORITY ITT TS The City of Denton Parks, Recreation and Trail System Master Plan 1. More Hike/Bike/Walk/Jog/Run Trail (Connection) 2. Gymnasium (for basketball, volleyball, etc.) 3. Larger Senior Center 4. Additional Recreation Center 5. Nature Trails 6. Open Space/Nature Areas 7. Outdoor pool (for free swimming, play/recreation activities) 8. Spray Ground 9. Additional Soccer Fields 10. Multi-Use Sports Fields 11. Additional Playground Equipment 12. Additional Community Garden Space 13. Indoor Athletic Facility (soccer/football, etc.) 14. Large Covered Picnic Pavilion (100 to 200 people) 15. Additional Basketball Courts 16. More Practice Fields (not lighted or irrigated) 17. Facilities for Water Recreation 18. Additional Tennis Courts 19. Extreme Sports Area (BMX bicycling, paintball, etc.) 20. Additional Baseball/Softball Fields 21. Expansion of indoor pool 22. Additional Frisbee Golf/Disc Golf 23. Municipal Golf Course 24. Additional Skate Park 25. Indoor Ice Rink 26. Additional Do Park F;, r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r EC'C, AE'NDATI®iVS TGA E CILITY 2. Provide a Indoor Gymnasium can be part of IMPROVEMENTS new recreation center or be added to existing recreation/community centers.The gymnasium High Priority Items would be used for basketball, volleyball, indoor soccer, teen functions/dances, and other 1. Hike/Bike/Jog/Running & Nature Trails programmed events for teens. throughout the community, to create a trail 3. Larger Senior Center, construct an expanded network complex to provide a full-range of indoor recreation, social, education, and therapy Provide safe, off-street pedestrian and bicycle including a large ballroom, fitness rooms, linkages to existing and new parks, schools, walking/running track, aerobic rooms, craft libraries and neighborhoods as well as the rooms, meeting rooms, full-service kitchen and various economic, municipal and recreational other amenities. destinations. Place high priority on the preservation and conservation of existing 4. Develop a new Recreation Center / Community drainage corridors including protection of Center to serve all the citizens of Denton. existing 100 year flood plain from development Provide a full-range of indoor recreation for all and encroachment. Development of trail ages including gymnasiums, weight rooms, systems in natural areas can become important a running track, aerobic rooms, craft rooms, connections from residential neighborhoods meeting rooms, game rooms, and other to schools, parks, shopping centers and the types of amenities. Possible location for the downtown area, as well as other destinations. recreation center; Southwest Property recently purchased by Parks, & Recreation Department, Provide upgrades or extensions to existing trails, and Recreation Center located in Denia Park and and trails within existing parks. North Lakes Park needs to be expanded to meet Provide new trail connections when developing the needs of the surrounding neighborhood. new neighborhoods and community parks, as 5. Provide Nature Trails / Greenway Corridors well as along new greenways. along primary drainage corridors. Develop areas that serve to protect and/or enhance Develop areas that serve to protect and/or natural, cultural and historical resources; provide enhance natural, (Clear Creek Natural Heritage linear open space for compatible human use; Center) cultural and historical resources; provide and maintain connectivity between parks, linear open space for compatible human use; recreation areas, cultural areas and historic sites. and maintain connectivity between parks, Greenways are unique areas that can develop recreation areas, cultural areas and historic sites. a sense of community by providing linkage to neighborhoods and parks, as well as save distinct Provide upgrades or extensions to existing trails elements of the natural and cultural heritage of at Rail Trail, Bowling Green, Carl Young (trail the area for public enjoyment. Greenways serve heads), Cooper CreekTrail, Denia Park, Lake as sites for passive pursuits such as picnicking, Forest Park & Wiggly Field, Nette Shultz, North camping and wildlife observations. They can Lakes Park, North Pointe Park, and Preserve at provide opportunities for concerts, festivals, Pecan Creek (trail head). neighborhood cookouts and family reunions. Greenways can also help sustain economic development, they attract business and tourism, enhance property values, and serve as low-cost alternatives to spending on flood control and transportation systems. r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r The City of Denton has a very unique interactive toys which children are able to opportunity within Clear Creek Natural Heritage activate and control water flow, sprayers, water Center, this park already has nature trails, but the canons, waterfalls (sheets of water), and mazes trails can be added onto throughout the entire made from ground sprays with a number of park. During this Master Plan process, the City spray effects (dumping water, misty sprays, should consider the opportunity to work with showers, geysers, jets, foam sprays, gushers, the DISDs on environmental education, this is sprinklers, streams of water, or bubblers). Have a great opportunity to promote environmental an automotive shut off ensuring no water is stewardship by providing educational wasted. Encourage cooperative, whimsical play opportunities in programming, special events and provide a space that enhances lively social and field trips. interaction. Consider separate play areas for younger and older children. 6. Provide Open Spaces/Natural Areas for enjoyment by park users. Preserve existing 9. Renovate Soccer Fields in existing community open space/natural areas during the planning parks, (North Lakes Park) and during the master and development of the existing park land, and plan process of the SW Property, soccer fields provide as a program element. Open spaces can should be considered. be used for picnicking, large group gatherings and field games or for passive, non-structured 10. Provide Multi-Use Sports Fields in existing recreation activities. Development of nature parks where expansion is feasible. Include fields trails and fishing piers in natural areas will as program items in future neighborhood or provide a unique recreation opportunity for community parks. In areas where fields exist citizens. Pursuejoint-use initiatives with Denton add soccer goals, backstops, and lighting. ISD for interpretive areas and outdoor learning Pursue specific joint-use agreements for existing opportunities within unique natural areas. facilities with Denton ISD, and local churches. Preservation of natural areas helps maintain riparian habitats, reduces the danger of flooding 11. Provide Playgrounds for children by upgrading and protects the natural environment. existing facilities and provide new playgrounds and equipment in areas not currently served in the community. Provide equipment and Moderate Priority Items surfacing that meet current U.S. Consumer Product Safety Commission Standards and 7. Outdoor Swimming Pool to provide a range Guidelines, National Playground Safety Institute of amenities to existing Water Works Park. Guidelines, Americans With Disabilities Act and Water Works should provide a fun, rewarding ASTM standards. Recreation opportunities for experience for every water park guest. Design various age groups (2-5 play structure and a a variety of water attractions that appeal to 5-12 play structure) and child development skills different age groups. Include a number a should be provided. different waterslides, multi-level interactive play structure, and a wave pool. Add or upgrade playgrounds in Avondale Park, Briercliff Park, Carl Young Sr. Park, Denia Park Continue to upgrade the Civic Center swimming Evers Park, Joe Skiles Park, Lake Forest Park, pool, bath house, restrooms, filtration, add more Mckenna Park, Milam Park, MLK Park, Nette interactive water play structures, and possible Shultz Park, Preserve @ Pecan Creek, Quakertown additional slides (drop slide). Park, South Lakes Park and North Lakes. 8. Spray Ground (Parks) fit with any public play Park Infrastructure Upgrades: upgrades, repairs and enhancements to older park and recreation space, whether it is in an open park environment facilities and infrastructure. In the past, funds or the perfect companion to a pool.They can have been used for playground repairs, park also be a stand-alone aquatic facility. Plan furniture, improvements to recreation centers, these parks from a child's point of view. Add etc. r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r 12. Additional Community Garden Spaces, 15. Provide Basketball Courts/Multi-Use Courts additional plots of land for a diverse group of at existing neighborhood and community individuals, with a variety of uses. Some can parks. Upgrade existing facilities where feasible choose to solely grow flowers, or nurtured with lights, water fountains, and new netting communally and share their bounty, some can for hoops. Pursue joint-use opportunities with be individual plots for personal use, while others Denton ISD or with private providers can be equipped with raised beds for disabled gardeners. Low Priority Items These community gardens are a great way to get both children and adults involved in beautifying 16. Provide More Practice Athletic Fields in the community while working with nature. existing parks where expansion is feasible. Community gardens allow citizen's to grow Include practice fields as program items in their own food or for others to donate what future neighborhood or community parks. they have grown. The gardens also combat two In areas where fields exist add soccer goals, forms of alienation that plague modern urban backstops, and lighting. Pursue specific joint-use life, by bringing urban gardens closer in touch agreements for existing facilities with Denton with the source of their food, and by breaking ISD, and local churches. down isolation by creating a social community. It has also been found that active communities 17. Create Facilities for Water Recreation at Carl experience less crime and vandalism. Young Sr. Park, North Lakes Park, and South Lakes Park (example fishing pond, paddle boats, 13. Develop an Indoor Athletic Facility (soccer/ and canoeing). football etc.) to provide a full-range of indoor recreation for all ages including basketball, in- 18. Provide Additional Tennis Courts line hockey, practice space for soccer, baseball, neighborhood and community parks. Renovate softball, field hockey and football. existing courts at Goldfield Tennis Center. Pursue joint-use agreements with Denton ISD. Possible 14. Provide Picnic Areas/Large Pavilions in existing location: South Lakes Park neighborhood parks and community parks. Areas should provide for handicap access and 19. Examine the appropriateness of providing protection from hot or rainy weather conditions. an Extreme Sports Area at the Airport Road Pavilions can become a gathering place for large Property, Cooper Creek, or Pebblebrook. groups and help create a sense of identity for the Consider partnering with a private organization park. and/or concessionaire. Extreme sports include BMX Biking, expanded or new skate park, Provide upgraded or new pavilions/shelters at paintball course and competition field. Evers Park, Fred Moore Park, and Joe Skiles Park, as funding is available and appropriate. 20. Provide Baseball/Softball Fields in future community parks. Renovate existing fields and Provide additional benches/seating areas in upgrade utilities. Pursuejoint-use agreements existing parks as well in newly developed parks. with Denton ISD and surrounding Cities. Include benches and seating areas along newly developed and existing hike/bike trails. Include 21. Expansion of Indoor Pool at Denton handicap accessibility as a design criteria when Natatorium, including adjustable floor in pool developing benches and seating areas. for therapeutic use, add non-slip surfaces, install a polaris camera system, add a senior room for rehabilitation programs, classrooms and meeting rooms. r Jlfr ff k V , `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf k` r 22. Provide Additional Frisbee Golf/Disc Golf at a community parks or at the Airport Road property. Disc golf courses can consist of 18 or 24 holes, and you'll find some nine-hole courses too. Hole lengths vary, but generally fall between 150 and 500 feet each.Trees, shrubbery, water and terrain changes offer plenty of hazards to avoid, and it becomes very possible to lose a disc in - areas with thick growth, tall trees or water.* 23. Develop a Municipal Golf Course in Denton. H Consider future site acquisition adjacent to a major drainage corridor. Future site to be determined. 24. Additional Skate Park/Expand Existing Park Provide an additional skate park, which° ' should be built with the purpose of use as an environment for skateboarders to ride and develop their technique. A skate park may 1 contain half-pipes, quarter pipes, handrails, trick boxes, vert ramps, pyramids, banked ramps, full pipes, stairs, and any number of other objects. a l~ These parks can either be concrete parks, or r parks with movable ramps, preferably not wood. A~v (wood will require high maintenance) ~"f 1 Some of these amenities can be added to existing parks or along trails to create mini-skate parks. If the City decides to create a new park they should consider using an organization that operates parks which are designed and built by the city. This would be consider a public/private partnership to provide complete supervision of municipal park. 25. Indoor Ice Rink for hockey, figure skating, public skating, practice, and tournaments, family events and corporate parties. Future site to be determined. { 26. Provide a .Dog Park within a Community Park or Regional Park site, the Airport Road Property, additional park locations to be determined. r Jl~ fr ~ i~ f 1 V ~ ~ Ali rF i r, ~f ~ . ~ ~ ~ f s rr E _ ~ r ~I E ~ ~ ~i ~f s t` ' fi, , ~ ~ . ~ ~is ` v tl r` r LION F" ~N TEN YEAR ACTION PLAN DENTON PARKS. RECREATION. AND TRAILS SYSTEM MASTER PLAN CITY OF DENTON Rank Action Plan Location 6uJyet Estimate Funding Sources Year To Be Com leted HIGH PRIORITY ITEMS 1. More Hike/Bike/Walk/Jog/Run Trails Trail Connections: Varies - depending on G.O. Bonds `See trail section on 85 - 99 Pg. paving type, width, & length Park Dedication Fees Create trail location maps along trail (wayfinding) -add mister/showers along trails for cooling TRPA Recreational Trail Grants Airport Road Property 4"-6" inch depth, 10'to 12' TxDOT Landscaping Cost Sharing Program possible trail head wide concrete TIF District new trail location $75 - $95 per linear foot PID's Avondale Park Greenway Utility follow drainage easement 4"-6" inch depth, 6'to 8' Easements acquire additional property to make wide concrete Dedicated Sales Tax connection with Monterey Open Space $45 - $75 per linear foot Private Developers • Bowling Green Park Naming Rights - link to trail at North Lakes Amenity Costs: Advertising Sales -add water fountains, benches & dog drinking fountains (1 per stations along trail & bridge to cross creek mile, kiosk (wayfinding, 1 Carl Young Sr. Park per mile), mile makers, -add trail heads (see description pg 98) benches (2-4 per mile), Trail Cooper Creek head amenities (restrooms, bike lockers, pavilion), Cooper Creek Trail security lighting, & -add water fountains, benches & dog emergency callbox stations along trail, a new bridge to cross $56,000-$200,000 creek, grind rails, & possible ponds Range • Denia Park -8' wide jogging trail - loop trail throughout park Joe Skiles Park -add loop trail throughout park Lake Forest Park & Wiggly Field -add loop trail throughout park, & connect trail to Cross Timbers Park -add water fountains, benches & dog stations along trail, dog wash area, & picnic areas -concrete existing parking lot -add lighting -expand large dog area -add soft trail to & around pond -add restrooms McKenna Park -add sidewalks/looped trail North Lakes Park -add fitness stations -concrete all parking lots & drives -add more parking near football & soccer -add soft surface trail on top of dam from Bonnie Brae to Recreation Center - update/implement master plan for entire park North Pointe Park -connect trails to Evers, and Cooper -address ADA concerns -add trail head Preserve @ Pecan Creek -trail head Quakertown Park -perimeter walks / looped trail / lighting Rail Trail -replace with 8' wide concrete trail along the east side of tracks r Jl~ fr ~ I~ f l V ~ ~ Ali rF l lr, ~l ~ . ~ ~ ~ f s rr E _ ~ r ~I E ~ ~ ~i ~l t` ' fi, , ~ ~ . ~ ~is ` ~ yi r` r LION F" ~N TEN YEAR ACTION PLArJ DENTON PARKS, RECREATION, AND TRAILS SYSTEM MASTER PLAN CITY OF DENTON Rank Action Plan Location Budget Estimate Funding Sources Year To Be Com leted HIGH PRIORITY ITEMS 2. Gymnasium (for basketball, volleyball, etc.) South West Park Property Varies - depending on size G.O. Bonds program, etc. Revenue Bonds TRPA Indoor Recreation Facilities Grant Private/Public Partnership Recreation User Fees Naming Rights 3. Larger Senior Center Site TBD Varies - depending on size, G.O. Bonds program, etc. TRPA Indoor Recreation Facilities Grant Private/Public Partnership Recreation User Fees Naming Rights 4. Additional Recreation Center South West Park Property Varies - depending on size, G.O. Bonds Denia Park program, etc. Revenue Bonds -expand existing rec center TRPA Indoor Recreation Facilities Grant North Lakes $30,000,000 - $40,000,000 Private/Public Partnership -expand existing rec center Range Recreation User Fees Park Dedication Fees Naming Rights 5. Nature Trails Airport Road Property Varies - depending on G.O. Bonds Cross Timbers Park zoning, infrastructure, Park Dedication Fees - soft trails to connect to Lake Forest floodplain, restrictions, etc. TRPA Recreational Trail Grants Park TxDOT Landscaping Cost Sharing Program Lake Forest 4"-6" inch depth, 6'to 8' TIF District soft trails throughout wide concrete PID's $45 - $75 per linear foot Greenway Utility Easements aewrnposea grante, 0 Dedicated Sales Tax wide, with concrete private Developers restraining curb on both Sldas Naming Rights $46 - $72 per linear foot Advertising Sales Denton Parks Foundation decomposed granite, 8' wide $46 - $56 per linear foot 6. Open Space/Nature Areas Airport Road Property Varies - depending on G.O. Bonds Avondale Park zoning, infrastructure, Park Dedication Fees - address drainage way, promote play floodplain, restrictions, etc. TRPA Outdoor Recreation Grants with nature Greenway Utility Clear Creek Nature Heritage Center Easements Lake Forest Park & Wiggly Field Dedicated Sales Tax -add fishing pier Denton Parks Foundation -fix dam and spillway (dredge lake) McKenna Park -add a sensory garden Nette Shultz Park -add butterfly garden • Woodrow ILL_ I y dS (F+ r Jl~ fr ~ I~ f 1 V ~ ~ `i rF i r, ~f ~ . ~ ~ ~ f s rr E _ ~ r E ~ ~ << <f t` ' fi, , ~ ~ . ~ ~is ` v yf r` r C LION F" ~N TEN YEAR ACTION PLAN DENTON PARKS, REOREATION. AND TRAIL SYSTEM MASTER PLAN CITY OF DENTON Rank Aetlon Plan Location Eudyet Estimate FRindlnq SouiCes Yeas To Ee COm JPtP (I MODERATE PRIORITY ITEMS 7. Outdoor Pool Quakertown Park Varies - depending on size, G.O. Bonds rehab. pool, bath house, and filtration program, etc. Naming Rights add more restrooms Park Dedication Fees add drop slide $600,000 - $2,000,000 more interactive play elements Range add irrigation to north side of park replace fence with iron fence, and rock wall • Water Work add a full concession building add children's area add wave pool add more shade throughout park, seating areas, & top of slides add teen area (surf rider, drop slide) more interactive play structures throughout park to cool concrete mister systems add interactive toys along river install a UV system for all pools expansion of existing children's area 8. SprayGround Avondale Park Range $150,000 - $500,000 G.O. Bonds Naming Rights Cross Timbers Park Denton Parks Foundation MILK Park Park Dedication Fees Quakertown Park South Lakes Park 9. Additional Soccer Fields North Lakes Park Varies - depending on G.O. Bonds - renovate fields-regrade so the fields program, use (what will be Revenue Bonds drains renovated at each site) TRPA Outdoor Recreation Grant - add maintenance building Public/Private/Non-Profit Partnerships South West Park Property $200,000 - $300,00 per Naming Rights Master Plan property to include fields lighted field Recreation User Fees Advertising Sales Denton Parks Foundation Park Dedication Fees 10. Multi-Use Sports Fields Avondale Park $50,000 - $125,000 G.O. Bonds Briercliff Park Range Revenue Bonds - soccer and baseball fields TRPA Outdoor Recreation Grant Lake Forest Park & Wiggly Field Baseball: $55,000 - $85,000 Public/Private/Non-Profit Partnerships - add soccer goals & backstops Naming Rights MILK Park Soccer: $45,000 - $80,000 Recreation User Fees - upgrade soccer area (grade field) & Advertising Sales make irrigation improvements Football: $55,000 - Denton Parks Foundation Nette Shultz Park 'does not include lights Park Dedication Fees -add goals North Lakes Park -Rugby fields, regrade, add lights Preserve @ Pecan Creek r i r, ~f ~ . ~ ~ ~ f s rr E _ ~ r ~I E ~ ~ ,i ~f s t` ' fi, , ~ ~ . ~ ~is ` v yl r` r C LION F" ~N TEN YEAR ACTION PLAN DENTON PARKS, RECREATION. AND TRAIL SYSTENI NIASTER PLAN CITY OF DENTON Rank Action Plan Location Budget Estimate Funding Sources Ye=u To Be Completed MODERATE PRIORITY ITEMS 7. Outdoor Pool • Quakertown Park Varies - depending on size, G.O. Bonds rehab. pool, bath house, and filtration program, etc. Naming Rights add more restrooms Park Dedication Fees add drop slide $600,000 - $2,000,000 more interactive play elements Range add irrigation to north side of park replace fence with iron fence, and rock wal I • Water Work add a full concession building add children's area add wave pool add more shade throughout park, seating areas, & top of slides add teen area (surf rider, drop slide) more interactive play structures throughout park to cool concrete mister systems add interactive toys along river install a UV system for all pools expansion of existing children's area 8. SprayGround Avondale Park Range $150,000 - $500,000 G.O. Bonds Naming Rights Cross Timbers Park Denton Parks Foundation MILK Park Park Dedication Fees Quakertown Park South Lakes Park 9. Additional Soccer Fields North Lakes Park Varies - depending on G.O. Bonds - renovate fields-regrade so the fields program, use (what will be Revenue Bonds drains renovated at each site) TRPA Outdoor Recreation Grant - add maintenance building Public/Private/Non-Profit Partnerships South West Park Property $200,000 - $300,00 per Naming Rights Master Plan property to include fields lighted field Recreation User Fees Advertising Sales Denton Parks Foundation Park Dedication Fees 10. Multi-Use Sports Fields Avondale Park $50,000 - $125,000 G.O. Bonds Briercliff Park Range Revenue Bonds - soccer and baseball fields TRPA Outdoor Recreation Grant Lake Forest Park & Wiggly Field Baseball: $55,000 - $85,000 Public/Private/Non-Profit Partnerships - add soccer goals & backstops Naming Rights MILK Park Soccer: $45,000 - $80,000 Recreation User Fees - upgrade soccer area (grade field) & Advertising Sales make irrigation improvements Football: $55,000 - Denton Parks Foundation Nette Shultz Park 'does not include lights Park Dedication Fees -add goals North Lakes Park -Rugby fields, regrade, add lights Preserve @ Pecan Creek r i ir, ~l I ~ ~ f s rr E _ •I`.~ ~ ~ ~i E ~ ~ ~I ~I tr ' fi, , ~ ~ . r ~is ` ~ yi r LION F" ~N TEN YEAR ACTION PLAN DENTON PARK;- RECREATION. AND TRAIL SYSTEM MASTER PLAN CITY OF DENTON I Rank Action Plan Location e~_irJgc•i Estimate Funding Sources Year To Be Completed MODERATE PRIORITY ITEMS 14. Large Covered Picnic Pavilions (too to zoo • Avondale Park Small: G.O. Bonds people) -signature pavilion (theming) $50,000 - $150,000 range Shade Structures Grant -add grills Naming Rights -additional parking Large: Recreation User Fees -fitness station $250,000 - $500,000 range Dedicated Sales Tax • Bent Creek Property Park Dedication Fees -add picnic stations with tables and grills • Bowling Green Park -add water fountains, benches, & dog • Briercliff Park -additional parking • Carl Young Sr. Park -shade/structure • Cross Timbers Park • Evers Park -larger pavilion near playground -new dugouts/shade structures • Fred Moore Park -upgrade shelters -upgrade stage area/amphitheater, add bleachers -redo concessions building -add parking -add more potable water, and electrical hook ups • Joe Skiles Park -replace shelters and add a new pavilion -add more electrical outlets • Lake Forest Park & Wiggly Field -add pavilion & shade structures @ playground & in dog areas • Mack-Roberts Park -replace shade structures • McKenna Park -add (2) pavilions -add grills, water fountains -add amphitheater • Milam Park -add pavilion & picnic tables • Nette Shultz Park -add pavilion & picnic tables -add lights, grills and water fountains • North Lakes Park -upgrade/add pavilion/shade structures • North Pointe Park -add pavilion & picnic tables -add lights, grills, water fountains, &water meter for irrigation • Preserve @ Pecan Creek • Quakertown Park -new amphitheater -new major pavilion, themed to tie into downtown history • South Lakes Park -add pavilion near soccer fields -add lights and grill -add signature piece art, sign, pavilion near lake along Teasley corridor edge 15. Additional Basketball / Multi-Use Courts -Add lights to all courts 1/2 Court: G.O. Bonds • Evers Park $30,000 - $40,000 Denton Parks Foundation -add water fountains Naming Rights • Mack-Roberts Park Full Court Unlighted: Park Dedication Fees - light court $50,000 - $75,000 • McKenna Park - light court Full Court Lighted: • MILK Park $60,000 - $100,000 - add mini court • North Lakes Park • Preserve @ Pecan Creek r l lr, ~l ~ . ~ ~ ) f s rt t _ •i`.) ~ r E ~ ~ ~i ~l t` ' fi, , ~ ~ . r ~is ` ~ 1i t` r LION F" ~N TEN YEAR ACTION PLAN DENTON PARKS, RECREATION. AND TRAIL SYSTLM MASTER PLAN CITY OF DENTON Rank Action Plan Location Budyet Estimate Funding Sources Yeni Tr, Be Com lc,tcd LOW PRIORITY ITEMS 16. More Practice Fields Avondale Park $50,000 - $125,000 Denton Parks Foundation Briercliff Park Range Park Dedication Fees - soccer and baseball fields Lake Forest Park & Wiggly Field Baseball: $55,000 - $85,000 - add soccer goals & backstops • MILK Park Soccer: $45,000 - $80,000 - upgrade soccer area (grade field) & make irrigation improvements Football: $55,000 - Nette Shultz Park `does not include lights -add goals Preserve @ Pecan Creek 17. Facilities for Water Recreation Carl Young Sr. Park Varies - depending on type G.O. Bonds -add fishing pond (impound water off of activity and size of venue Revenue Bonds creek, seasonal water areas) TRPA Indoor Recreation Facilities Grant North Lakes Park Private/Public Partnership -add fishing pier Recreation User Fees -add canoe/paddle boat rental Naming Rights South Lakes Park 18. Additional Tennis Courts North Lakes Park Unlighted Courts: G.O. Bond -add (3) lighted courts $50,000 - $60,000 per court Denton Parks Foundation -newcenter Naming Rights -add championship court with grand Lighted Courts: Public/Private/ Non-profit Partnership stands $60,000 - $80,000 per court Park Dedication Fees -replace lighting with USTA recommended lights -resurface/reconstruct all existing courts -grading issues around complex need to be addressed -update/implement master plan for entire park South Lakes Park -add (2) lighted courts 19. Extreme Sports Area (smx bicycling, Airport Road Property Varies - depending on type G.O. Bonds paintball,etc.) • Cooper Creek of activity and size of venue Revenue Bonds -BMX trail in woods Public/Private/Non-Profit Partnerships • Pebblebrook $500,000 - $2,000,000 Dedicated Sales Tax -BMX trails access through Range Naming Rights G.O. Bonds 20. Additional Baseball/Softball Fields Evers Park - add signage for fields Varies - depending on Revenue Bonds - better utilities program, use, and type of TRPA Outdoor Recreation Grant -address entry for park renovation Public/Private/Non-Profit Partnerships Mack-Roberts Park Naming Rights - renovate fields $250,000 - $350,000 range Recreation User Fees add lights to soccer field per lighted field Advertising Sales renovate restrooms Denton Parks Foundation upgrade utilities & irrigation Park Dedication Fees concrete between fields North Lakes Park -replace dugouts -remodel/replace restroom concessions 21. Expansion of Indoor Pool Denton Natatorium Varies - depending on G.O. Bonds non-slip surfaces program, use, and type of Revenue Bonds add weight room renovation TRPA Indoor Recreation Facilities Grant polaris safety system (under water Private/Public Partnership camera) Recreation User Fees maintenance storage area Naming Rights new trash area Denton Parks Foundation add an adjustable floor to pool for rehab swim - add room set up for senior, rehab programs, medical equipment add classrooms, meeting areas F r i r, ~f ~ . ~ ~ ~ f s rr E _ ~ r ~i E ~ ~ ~i ~f s t` ' fi, , ~ ~ . ~ ~is ` v yi r` r LION F" ~N TEN YEAR ACTION PLAN DENTON PARKS. RECREATION. AND TRAIL SYSTEM MASTER PLAN CITY OF DENTON Rank Action Plan Location Budget Estimate Fundinq Sources Year To Be Com ~IcLed LOW PRIORITY ITEMS 22. Additional Frisbee Golf/Disc Golf Airport Road Property $60,000 - $90,000 G.O. Bonds Range Advertising Sales 23. Municipal Golf Course Future Site to be Determined $10,000,000 - $20,000,000 Revenue Bonds North Lakes Park Range Naming Rights add small/junior golf area Recreation User Fees Public/Private/Non-profit Partnerships 24. Additional Skate Park/Existing Park Avondale Park Varies - depending on G.O. Bond -skate park elements (few pieces: rail, program, use, and type of Naming Rights steps etc.) renovation Recreation User Fees • Skate Works Public/Private/Non-profit Partnerships expand park (add a bowl) New: add concessions, water fountain and $200,000 - $375,000 more shade add building/pro-shop 25. Indoor Ice Rink South West Park Property Varies - depending on Revenue Bonds program, use, and type of Naming Rights renovation Recreation User Fees Public/Private/Non-profit Partnerships 26. Additional Dog Park Airport Road Property $150,000 - $200,000 per G.O. Bonds acre Naming Rights Public/Private/Non-profit Partnerships 27. Owsley Park Redevelop Park Varies - depending on G.O. Bonds program, use, and type of TRPA Outdoor Recreation Grants renovation $200,000 - $375,000 Range 28. Preserve @ Pecan Creek Future neighborhood park Varies - depending on G.O. Bonds program, use, and type of TRPA Outdoor Recreation Grants renovation Park Dedication Fees $300,000 - $475,000 Range 29. Robson Ranch Future neighborhood park Varies - depending on G.O. Bonds program, use, and type of TRPA Outdoor Recreation Grants renovation Park Dedication Fees $300,000 - $475,000 Range 30. SW Park Possible new recreation center site, & See Priority Item #'s: G.O. Bonds sports complex 2,3,4,9,13 & 25 TRPA Outdoor Recreation Grants TRPA Indoor Recreation Grants Park Dedication Fees 31. Wheeler Ridge Future neighborhood park Varies - depending on G.O. Bonds program, use, and type of TRPA Outdoor Recreation Grants renovation Park Dedication Fees $300,000 - $475,000 Range ~J u p -.n o l n ll b 377 1 j d 288° , 4380 I „Ii pI 9' °E G i r k, - - h a 1 P ax: 7 p L snay snoI es i e"t J i o r Q sp d-l g,~ ~~ti de1~l ' E ~g,-gbb,rh--,l Pore~ral ammw ryvuderan ~,1P! Pore~ral Nawalralu~reE ~mdor P,t-e l Ne,gbb,rh--,l Copper Canyon hb,rh,,dP 05 7 a-,,try Pa, : ~noe7 gP -o -m,Eadmy D-,, Landfill =D-,r UasteUtlet- nmenL Eadllry L 1) hI On{ Gn r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf • k` r FUNDING ° THODS The Park Dedication fund, as of May 2008, had a balance Introduction of $2.2 million. While this has been a strong funding source in the past, recent economic situations in the The City of Denton, like all of North Central Texas has housing development market will likely make this fund experienced strong growth over the last decade. With a relatively stagnate source of new funding for several this growth comes demand for public facilities, programs years. Past G.O. bond projects are either completed or and services. Even through the recent economic nearing completion.The Denton Park Foundation, a slowing, Denton continues to develop while many other 501(c) 3 non-profit group has the ability to raise money area cities'growth has all but stopped. to help fund projects for the Parks and Recreation Department. Currently, they do not have a significant Through this Parks and Recreation Master Planning treasury from which to draw on. In addition, the process, community needs were identified, evaluated Department has experience with dedicated trust funds and prioritized into an Action Plan. This Action Plan including the Mckenna Park Trust totaling $30,000. represents a ranking of capital needs for park and recreation facilities. Each of these facilities will require The State of Texas recently re-funded its Texas Recreation funding from the city. and Parks Account (TRPA). It is funded through a portion of Texas sales tax received on select sporting good The following section outlines the current financial items. TRPA is administered byTPWD's Recreation Grants situation and identifies potential funding sources for Branch and funds five grant programs.TheseTPWD grant capital items identified in the Action Plan. This list programs include: should be used as a guide to pursue and leverage alternative sources of funding to complete the Action Outdoor Recreation Indoor Recreation (facility) Plan. • Small Community Current Situation Regional • Community Outdoor Outreach Program The City of Denton for many years has been recognized as a well managed city with a solid fiscal policy. This Federal grant assistance has become virtually non- includes implementation of many management existent except for limited Community Development practices that measure performance and efficiencies. Block Grants that tend to be very small and narrow In addition, the city has undertaken business planning in scope. Other federal financial assistance including in many areas including the Parks and Recreation transportation related sources are awaiting re- Department initiative to improve its financial and operational efficiencies and effectiveness. One authorization in 2009. initiative is demonstrated through the City's goal to create systematic processes for collecting financial and operational data and modeling capabilities to effectively FUNDING SOURCES monitor the cost of programs, services, and facilities and support decision-making for user fees and charges. There are numerous funding sources that can be pursued and leveraged to support implementation It is the understanding of the consultant team that the of capital projects. The reality is that the majority of majority of capital improvements are funded through funding comes from local (internal) coffers focused general obligation (G.O.) bonds, and neighborhood primarily on G.O. bonds, dedication fees and special parks are funded through revenue generated by the designation taxing areas. There are external funding Park Dedication and Development Ordinance. There sources available, but are smaller in size with special are other operational funds for maintenance and requirements. recreation. Following is a more comprehensive list of funding sources organized as internal and external. Additional detail on the TPWD Grants is included. ~y F r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r improvements including parks and landscaping. Internal Funding Public Improvement District (PID) - New developments can establish a Public Internal funding sources include those that are Improvement District (PID) when authorized by administered by city resources and include but not the City Council and legally set up according limited to the following: to state law. This taxing district provides funds especially for the operation and maintenance • General Obligation Bonds - Bonded of public amenities such as parks and major indebtedness issued with the approval of the boulevards. electorate for capital improvements and general public improvements. Greenway Utility - Greenway utilities are used to finance acquisition of greenways and • Revenue Bonds - Bonds used for capital development of the greenways by selling the projects that will generate revenue for debt development rights underground for the fiber service where fees can be set aside to support optic types of businesses. repayment of the bond. • Easements -This revenue source is available • Annual Appropriation/Leasehold Financing - when the city allows utility companies, This is a more complex financing structure which businesses or individuals to develop some type requires use of a third party to act as issuer of of an improvement above ground or below the bonds, construct the facility and retain title ground on their property for a set period of time until the bonds are retired. The City enters into and a set dollar amount to be received by the a lease agreement with the third party, with city on an annual basis. annual lease payments equal to the debt service requirements. The bonds issued by the third Inter-local Agreements - Contractual party are considered less secure than general relationships entered into between two or more obligation bonds of the City, and therefore local units of government and/or between more costly. Since a separate corporation issues a local unit of government and a non-profit these bonds, they do not impact the City's debt organization for the joint usage/development of limitations and do not require a vote. However, sports fields, regional parks, or other facilities. they also do not entitle the City to levy property taxes to service the debt. The annual lease Sales Tax Dedication-This dedication of a payments must be appropriated from existing percentage of the local sales tax is very popular revenues. in high traffic tourism type cities and with county and state parks. This revenue source • Park Dedication & Development Fees -These has been very successful in funding other park fees, as currently assessed by Denton are for the systems in North Texas including Frisco. Other development of residential properties with the forms of dedicated sales tax include: proceeds to be used for parks and recreation purposes, for neighborhood park acquisition and development. o Food and Beverage Tax - The tax is usually associated with convention and • Tax Increment Finance District -Tax Increment tourism bureaus. However, since parks and Finance districts (TIF's) are established to recreation agencies manage many of the provide funds for certain types of public tourism attractions, they receive a portion improvements that benefit a defined area of of this funding source for operational or affected properties. Revenue is generated capital expenses. through the incremental increase in property tax revenue above a specified threshold being User Fees/Charges - User fees are primarily applied to accounts for use in improvements established to cover operational costs but can that may include most public infrastructure be used to for debt service on revenue bonds. r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf k` r The Department must position its fees and service that is being provided. charges to be market-driven and based on o Reservations -This revenue source both public and private facilities. The potential comes from the right to reserve specific outcome of revenue generation is consistent public property for a set amount of time. with national trends relating to park and The reservation rates are usually set and recreation agencies, which generate an average apply to group picnic shelters, meeting 35% to 50% of operating expenditures. The rooms for weddings, reunions and outings most popular fees used in parks and recreation or other types of facilities for special include: activities. o Capital Improvement Fees -These fees are on top of the set user rate for accessing o Equipment Rental -The revenue source is facilities such as golf courses, recreation available on the rental of equipment such centers and pool facilities to support as tables, chairs, tents, stages, bicycles, capital improvements that benefit the user roller blades, boogie boards, etc. that are of the facility. used for recreation purposes. o Recreation Service Fees -This is External Funding a dedicated user fee, which can be established by a local ordinance or External funding comes from source outside of the other government procedures for the city coffers. These funding sources typically require purpose of constructing and maintaining investment by the city, either in form of matching recreation facilities. The fee can apply funding for grants to administration of applications and to all organized activities, which personnel to pursue and manage activities. A list of the require a reservation of some type or most popular and attainable funding sources follow. other purposes, as defined by the local government. Examples of such activities Grants - Grants for parks and recreation are include adult basketball, volleyball, tennis, typically administered through the state and and softball leagues, youth baseball, are competed for by municipalities. These soccer, football and softball leagues, and grants require some level of local funding. special interest classes. The fee allows They also generally have a long lead time participants an opportunity to contribute due to funding cycles and application toward the upkeep of the facilities being requirements. Following is a list of those used. currently funded or anticipated to be funded: o Ticket Sales/Admissions -This revenue o Texas Recreation and Parks Account source is on accessing facilities for self- (TRPA) Grant Program -Texas Local directed activities such as pools, ice Parks, Recreation and Open Space Fund, skating rinks, ballparks and entertainment administered by the Texas Parks and facilities. These user fees help offset Wildlife Department (TPWD). Funds are operational costs. available on a fifty percent (50%) cost share basis. Detailed grant applications o Permits (Special Use Permits) -These are available at http://www.tpwd.state. special permits allow individuals to use tx.us/business/grants/trpa/ . TRPA grants specific park property for financial gain. that Denton is eligible for follows. The City either receives a set amount of money or a percentage of the gross ® Outdoor Recreation Grants -This program provides 50% matching grant funds to municipalities, counties, MUDS and other local units of government with a population less than 500,000 to acquire and develop parkland or to renovate F r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r existing public recreation areas.There o The Landscaping Cost Sharing Program will be two funding cycles per year with a -The Landscaping Cost Sharing Program, maximum award of $500,000. Projects must administered by the Texas Department of be completed within three years of approval. Transportation (TxDOT). Fifty percent (50%) Beginning in 2009, deadlines will be January cost sharing support is available for both 31 st and July 31 st each year thereafter highway and pedestrian landscape projects (with master plans submission deadline 60 on routes within the designated permanent days prior to application deadline). Award state highway system. notifications occur 6 months after deadlines. Outdoor Recreation Grant Application o CDBG Funding - Funding received is available at for land acquisition/park in accordance with the Community construction grant is included in the Development Block Grant (CDBG) Programs appendix. national objectives as established by the U.S Department of Housing and Urban ® Indoor Recreation Facility Grants -This Development. Funding maybe applied program provides 50% matching grant funds to such programs as Infrastructure to municipalities, counties, MUDS and other Improvements, Public Facility and local units of government with a population Park Improvements, Human Service less than 500,000 to construct recreation Enhancements, Lead-Based Paint Education centers, community centers, nature centers and Reduction, Housing Education and other facilities (buildings). The grant Assistance, and Economic Development and maximum will increase to $750,000 per Anti-poverty strategies. application.The application deadline will be July 31 st each year (with master plan o Land and Water Conservation Fund - submission deadline 60 days prior to These funds are awarded for acquisition application deadline). Award notifications and development of parks, recreation and occur the following January. supporting facilities through the National Park Service and State Park System. This ® Recreational Trail Grants -TPWD program is currently not funded. administers the National Recreational Trails Fund in Texas under the approval of the o Shade Structure Program -The American Federal Highway Administration (FHWA). Academy of Dermatology's Shade Structure This federally funded program receives Program awards funds for the purchase its funding from a portion of federal gas for permanent shade structures to non- taxes paid on fuel used in non-highway profit organizations in need of shade for recreational vehicles. The grants can be up outdoor Iocations.These locations include to 80% of project cost with a maximum of any areas where children and adults gather $200,000 for non-motorized trail grants and are exposed to the harmful ultraviolet and currently there is not a maximum (UV) rays of the sun, such as playgrounds, amount for motorized trail grants. Funds pools, bleachers, eating areas and other can be spent on both motorized and non- recreation areas. The deadline is April 10, motorized recreational trail projects such as 2009 and is open to 501(c)(3) organizations the construction of new recreational trails, to such as the Denton Parks Foundation. To be improve existing trails, to develop trailheads considered applicants must: be sponsored or trailside facilities, and to acquire trail by an Academy member dermatologist; corridors. Application deadline is May 1 st demonstrate a commitment to sun safety each year. Additional funding will likely be within their organization and community; available following re-authorization of the and agree to meet the timeline outlined 2009 transportation bill. in the program application. Each shade structure grant is valued at a maximum of $8,000 in U.S. dollars, which includes the r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf k` r cost for a shade structure and installation. Donations from local and regional businesses The application may be received from as sponsors for events or facilities should be Jennifer Allyn at (847)240-1730 orjallyn@ pursued. aad.org. • Friends Associations -These groups are o Youth Garden Grants -The National formed to raise money typically for a single Gardening Association and The Home focus purpose that could include a park facility Depot award Youth Garden Grants to or program that will better the community as a schools and community organizations with whole and their special interest. child-centered, outdoor garden programs that teach children vital life lessons Private Developers -These developers through working in gardens and habitats. lease space from City-owned land through a Schools, youth groups, community centers, subordinate lease that pays out a set dollar camps, clubs, treatment facilities, and amount plus a percentage of gross dollars for intergenerational groups throughout the recreation enhancements. These could include United States are eligible. Applicants must a golf course, marina, restaurants, driving plan to garden with at least 15 children ranges, sports complexes, equestrian facilities, between the ages of 3 and 18 years. For the recreation centers and ice arenas. 2009 grant cycle, 125 grants are available. Packages are as follows: Five (5) programs Irrevocable Remainder Trusts -These trusts will receive gift cards valued at $1000 (a are set up with individuals who typically have $500 gift card to The Home Depot and more than a million dollars in wealth. They a $500 gift card to the Gardening with will leave a portion of their wealth to the city Kids catalog and store) and educational in a trust fund that allows the fund to grow materials from NGA Seventy (70) programs over a period of time and then is available will receive a $500 gift card to The Home for the city to use a portion of the interest to Depot and educational materials from NGA support specific park and recreation facilities or Fifty (50) programs will receive a $250 gift programs that are designated by the trustee. card to The Home Depot and educational materials from NGA Each award package Public/Private Partnerships - Partnerships also includes: A"2009 Youth Garden are a very effective method for leveraging Grant Winner" sign to post in the garden Denton's resources to the greatest extent 12 months of NGA Supporter benefits possible. These partnerships should be based (includes online garden Q&A service, online on formal agreements and supported by a gardening and botany courses, and a 10% policy approved by the Parks and Recreation discount at our Gardening with Kids store). Board and City Council. Partnerships arejoint development funding sources or operational • Denton Parks Foundation - Denton currently funding sources between two separate maintains an independent, non-profit agencies, such as two government entities, a foundation whose purpose is to raise funds for non-profit and a City department, or a private park and recreation projects. These dollars are business and a City agency. Two partners raised through tax exempt private donations jointly develop revenue producing park and in promotion of specific causes, activities, or recreation facilities and share risk, operational issues. They offer a variety of means to fund costs, responsibilities and asset management, capital projects, including capital campaigns, based on the strengths and weaknesses of each gifts catalogs, fundraisers, endowments, sales of partner. items, etc. • Corporate Sponsorships -This revenue- Private Donations - Private Donations may also funding source allows corporations to invest in be received in the form of funds, land, facilities, the development or enhancement of new or recreation equipment, art or in-kind services. existing facilities in park systems. Sponsorships F r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r are also highly used for programs and events. • Catering Permits and Services - Similar to user Conclusions fees, this is a license to allow caterers to work in the park system on a permit basis with a set fee The recent downturn in the economy has put a or a percentage of food sales returning to the significant strain on most public and private funding city. Also many cities have their own catering sources for investment in parks and recreation. However, service and receive a percentage of dollars this should not be a deterrent. In fact, now is the time off the sale of their food. These funds can be to aggressively pursue projects with a concerted effort used to off-set debt service or fund a dedicated focused utilizing as many funding sources as possible. capital improvement budget. This will require the investment of personnel resources to identify and administer strategies. The return on • Pouring Rights - Private soft drink companies investment can be substantial. that execute agreements with the City for exclusive pouring rights within park facilities. The recommended Action Plan contains traditional park A portion of the gross sales goes back to the and recreation projects but include a mixture that have City to off-set debt service or fund a dedicated the opportunity to leverage resources. The top priorities capital improvement budget. for improvements include: • Concession Management - Concession management is from retail sales or rentals of soft goods, hard goods, or consumable items. High Priorities The city either contracts for the service or o More Hike/Bike/Walk/Jog/Run Trails receives a set amount of the gross percentage o Additional Recreation Center or the full revenue dollars that incorporates a o Gymnasium (for basketball, volleyball, profit after expenses. etc.) o Nature Trails • Private Concessionaires - Contract with o Larger Senior Center a private business to provide and operate o Open Space/Nature Areas desirable recreational activities financed, o Additional Soccer Fields constructed and operated by the private sector, with additional compensation paid to the City. Moderate Priorities o Multi-Use Sports Fields • Naming Rights - Many cities and counties have o Spray Ground turned to selling the naming rights for new o Outdoor Pool buildings or renovation of existing buildings o Additional Community Garden Spaces and parks for the development cost associated o Additional Playground Equipment with the improvement. o More Practice Fields o Additional Basketball / Multi-Use Courts • Advertising Sales -This revenue source is for o Large Covered Picnic Pavilions (100 to the sale of tasteful and appropriate advertising 200 people) on park and recreation related items such as o Additional Tennis Courts in the city's program guide, on scoreboards, o Indoor Athletic Facility (soccer/football dasher boards and other visible products or etc.) services that are consumable or permanent that o Additional Baseball/Softball Fields exposes the product or service to many people. o Facilities for Water Recreation o Extreme Sports Area (BMX bicycling, paintball, etc.) o Additional Frisbee Golf/Disc Golf o Expansion of Indoor Pool r Jlfr ff 1 V `i rF i r,f."~ ~ ifs rrE ~ ~ E:~<<<f ~t` 'fi,, ~i:`~ yfE`,',r • Low Priorities o Municipal Golf Course o Additional Skate Park/Existing Park o Indoor Ice Rink o Additional Dog Park o Owsley Park o Preserve @ Pecan Creek o Robson Ranch o SW Park o Wheeler Ridge Based on the prioritized Action Plan, funding requirements are significant. As such, funding will likely require investment by the city of revenue funds from the Park Dedication fee and a bond referendum supported by a concerted pursuit of grants and creative activities such as partnerships and aggressive fund raising by the Denton Parks Foundation. The detailed action plan applies the potential funding sources from the preceding list assigned to each category. II !lu 1. r Jlfr ff 1 V `i rF i r, f ~ . ~ ~ ~ f s rr E _ ~ ~ ~ E ~ << <f ~ t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf E` r 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) 1 L At least weekly 3 L At least once in three months 5 L Once a year or less (5) 2 L At least monthly 4 L A few times per year 6 Never 2. Overall, how would you rate the maintenance of the parks in Denton?(6) 1 L Excellent 3 L Needs some improvement 5 L Don't know/Not familiar 2 L Good 4 L Needs much improvement 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.? 1 L Senior (Age 65+) 2 L Adult (Age 20 to 64) 3 L Youth (Under age 20) 4 L None - Skip to Q4a.(7-9) 3b. Overall, how would you rate the quality of recreation programs in which you/household members have participated? 1 LExcellent 3 L Needs some improvement 5 :1 Don't know/Not familiar (1 o) 2 :1 Good 4 :1 Needs much improvement 6 L Have not participated 3c. Overall, how would you rate the quality of sports programs (baseball, football, soccer, softball, swimming, tennis) offered in the City of Denton? 1 L Excellent 3 L Needs some improvement 5 L Don't know/Not familiar(11) 2 L Good 4 L Needs much improvement 6 :1 Have not participated 4a. If the City of Denton offered more recreation or sports programs, would you or other household members be interested in participating? 1 L Yes - list the programs you would be interested in participating in Q4b below. 2 L No, not interested - Skip to Q5a. (12) 4b. What recreation or sports programs do you feel are needed in Denton that are not currently offered? If so, please list. 1 L Youth (12 and underage) programs (specify) (13-16) (V17-599) 2 :1 Teen (age 13 to 18) programs (specify) 3 L Adult programs (specify) 4 L Senior programs (specify) 5 L No suggestions 5a. How often do you and/or members of your household visit Water Works Park, the water park in Denton? 1 L At least weekly 3 :1 At least once in three months 5 L Once a year or less 2 L At least monthly 4 L A few times per year 6 :1 Never 5b. What features would you like added to Water Works Park? (Read list - check all that apply) (601-607)(V608-699) 1 :1 Slide 3 L Surfing features 5 :1 Large interactive play structures for all ages 7 :1 Other 2 L Wave pool 4 :1 Outdoor pool for lap swimming 6 :1 Full service concession area 8 None r J~ l~ fr ~ f~ f 1 V ~ ~ Ali rF i r, ~f ~ ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ ~is ` ~ yf ~ E` r 6. Which of the following facilities do you feel would best meet the needs of the City of Denton? (Rate each on a scale of 1 to 4 with 1 being not needed to 4 being definitely needed) Not at all Definitely No opinion/ ROTATE READING ORDER ON EACH SURVEY Needed Needed Not Familiar Large covered picnic pavilion (100 to 200 people) ......................1.............2.............3..............4.............5 Nature trails ..................................................................................1.............2.............3..............4.............5 More trails for walking/biking that are connected throughout the City 1 .............2.............3..............4.............5 Additional playground equipment .................................................1.............2.............3..............4.............5 Spray park (outdoor park with spray water features for all ages).1 .............2.............3..............4.............5 Expansion of indoor pool area 1............. 2............. 3.............. 4............. 5(701-705) An additional skate park ...............................................................1.............2.............3..............4.............5 An additional Frisbee golf/disc golf ..............................................1.............2.............3..............4.............5 Outdoor pool (for free swim, play/recreation activities) ......................1.............2.............3..............4.............5 Open space/natural areas ............................................................1.............2..............3.............4.............5 An additional dog park .................................................................1.............2..............3.............4.............5 Facilities for water recreation (canoeing/paddleboats) ................1.............2..............3.............4.............5 Additional community garden space ............................................1..............2..............3.............4.............5 Additional basketball courts ........................................................1..............2..............3.............4.............5 Additional outdoor tennis courts ...................................................1.............2...............3.............4............5 Additional soccer fields ................................................................1.............2..............3.............4.............5 Additional baseball fields .............................................................1.............2..............3.............4.............5 Multi-use sports fields ..................................................................1.............2..............3.............4.............5 More practice sports field space (not lighted/not irrigated) ..........1 .............2..............3.............4.............5 An additional recreation center ....................................................1.............2..............3.............4.............5 An indoor athletic facility (soccer, football, etc.) ...........................1..............2..............3.............4.............5 Gymnasium (basketball, volleyball, etc.) ......................................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 Extreme sports area for BMX bicycling, paintball, etc .................1.............2...............3.............4.............5 Other (V727-826) .......1 .............2...............3.............4.............5 7. Are there other park or facility improvements that you feel are MOST NEEDED in Denton? (V827- 1326) A. B. 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) (1327-1340) Not at all Very No opinion/ Important Important Not Familiar Child care area .......................................................................................1...............2.................3................4...............5 Computer lab .........................................................................................1...............2.................3................4...............5 Cooking/kitchen facility ..........................................................................1...............2.................3................4...............5 Exercise/aerobic/karate/dance room ......................................................1...............2.................3................4...............5 Gymnasium (indoor basketball, volleyball, gymnastics, etc.) ..................1..............2.................3................4...............5 Game/media room (video games, movies, pool, table tennis, etc.)........ 1 ...............2................3.................4..............5 Indoor walking/running track ..................................................................1...............2................3.................4..............5 Multi-use rooms (meeting space, arts/crafts, bingo, cards, etc.)............ 1 ...............2.................3................4...............5 Play area for toddlers .............................................................................1................2................3.................4..............5 Racquetball courts .................................................................................1...............2................3.................4...............5 Fitness room (weights, treadmills, stationary bicycles, etc.) ...................1...............2................3.................4..............5 Indoor pool .............................................................................................1...............2................3.................4..............5 Outdoor pool ..........................................................................................1...............2................3.................4..............5 Other (specify: (V1341-1440)......1 ...............2................3.................4..............5 r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ ~is ` ~ yf ~ E` r 9. If an additional Recreation Center were built in Denton, how would you expect the building operations and programs to be funded? 1 L User fees or membership fees 3 L Combination of both(1441) 2 L Property taxes 4 L Don't support recreation center (DO NOT READ) 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. (1442-1445) (Read list and circle ONE answer for each option) Low Strong No opinion/ Support Support Not Familiar Resident user fees .....................................................................1 .............2 3..............4 .............5 Non-resident user fees ...............................................................1 .............2 3..............4 .............5 Corporate advertising/sponsorships/naming rights ....................1 .............2 3..............4 .............5 Voter approved bond programs ..................................................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?(1446) 1 L Up to $75/year 3 L Up to $200/year 5 L More than $350/year 2 L Up to $100/year 4LUp to $350/year 6 L No increase 12. How long have you been a resident of Denton? 1 L Less than 2 years 2 L 2 to 5 years 3 L 6 to 10 years 4 L 11 to 20 years 5 L Over 20 years(1447) 13. How many children in your household are under 19? (Check all that apply) Number of children: 1 L One 2 L Two 3 L Three 4 L Four+ 5 L No children in household - Skip to Q#15 (1448) 14. In which age groups are your children? Would you say; Child Age Group(s): 1 L 0 to 5 years of age 2 L 6 to 10 years 3 L 11 to 13 years 4 L 14 to 18 years (1449-1452) 15. How many persons, including yourself, reside within your household? 1 L One 2 L Two 3 L Three 4 L Four 5 L Five or more (1453) 16. Your age group? 1 L Under 35 3 L 45 to 54 5 L 65 to 74(1454) 2 L 35 to 44 4 L 55 to 64 6 75+ r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ E` r Texas Local Prark Grants Procyrams Manual Tei as P11rL Wildlife L opartinellt 11111 a1 25. L' r..-dIaUL -.e Texas State Publin~.-:n-. TEXAEJ PA RKS 41 s ` exan Fay -:.s,: -:fe - epajtMa.n.t F'-oad T-- -7-44 d.:..... - -sits r Jl~ fr ~ I' f k V ~ ~ Ali rF I Ir, ~1 L . ~ i ~ f s ;r E _ ~ r E ~ ~ << <f t` ' fi, , ~ i . ~ ~i` ` ~ i1 • L` r TFXA'=. F'Ab:Iti'~. AND A ILDLIFL TE` _i Lt-B( L F'ARK' L) ' `;T Pb.C?iI:F MNT-;L TABLE E O TENT C'Iaapter Section 600 C~-IleI F r-1-n 1-_-:arioxa 640 _ c::Inulent ?•:Lti ea I, Ax-oF~ Lu=: aexaa 6,50 Proiiect C ompliaxlce _-el,r:•1,' =3' Tice .n?=ll -'.L I r r..- -1-. ;r.Uon(650, ) Le i Fl,- Lii:,L ;ce Fic_:z•xll s 660 Applicat nzu L Ex aluari _,=1 .v.-_ Application, l eu. rcL .eu Prccedl.ras (660. ) C =_Flcj _e:rr;❑-Lor e:. --o".! 670 LC L13cilalea --eneA Cos: -'=inc:7::le= -'i Pro Pet .z =lm_:a i : u aP S1..Lx7_-:.-L LL-'-- _I.:aeactb P1 a;~rar P~ _i e '4. L1 ) _ xu ,aLiirvCt- d -or ( Pry.::t. T,e3 a.. ;.et of 19 _ Au-.'Lt - Pro ect -e_ni=Ln-i Pcet _er. F Wn:lT__t ~i -n Guiieliz ~y F r Jl~ fr ~ f' f k V ~ .li rF i r, ~f r . ~ ] i f s rr E _•~`.i ~ r E ~ a << <f ,a t` ' fi, , ~ f . ~ ~i; ` ~ ,rf • r` r -r._.,: Lori I?mfI. rrqu.;.Pr)JmmiI Chow nq.1 Texas Lc W L::,; Q_: n:: ?m-,.,__ R Comwi :i iu F_licv. The = -al i avc t-1._:r,= z• .=i au° a Inca 1 1i i• . _:tav; b:r ;r l i.r n: of ._:_cn u, l _°en: ac,, i» t cr de _ d - _ - , a:_cn Me W._=er of ,,.r-.z i vmoii aun Ynd i1Ke_. ~;_r; 1v:i•_ :no p- 00 1 _ die 1i n7 ieU~u no 1 =rr .:L,n4 -_=t]; Q •::•rm; `~~nR .,w,~._~_. --='r:.~:___. -i.., u_~. ..:-1._ i _ }-_:_raiu a.-,istance -11 be r. { do- mem L .,:r. the 1 D -le"n m Mudork , s.v,. 1m; A --.a& q r•-:a] .__e _ _1..;_uua:_r 12111 d,e :I.LbStitUtIOU t: -they :0 pivnh fi i tm ]PO an= -er;i of I i r 1 -air marl et value and of 3.. L1L1L -miiarillu of Fund- =,:r=:1 ;:e 70fi th;e acsm3:;nn ' _ rv of =--e le 4. alli-icicku and e,,elopmeut r_r, ur:.., Pro=ran. aa_r03DY - a•. l:e WOMP 11 :0 t::e ! .k aMd9, MR ,r n.. m I.--id. .:i conic _i.-r b; i:Itc recreahmn, ann .m de vp Ammon fa -_La. .e:-'e the ?ympl b:-:U:. To be _ _ I _ In theiE -,mt be F. - -ue i f;: di %i--ition an, ie I ,:r;:e:a )f the :--:h Ehe you i_c_:;.::tel the me Pl.,i-13i-2 ~Ii.'Al L;.in_ }_:-r .li..i:n I th.e area Vwihere• the r _:=t n _ =+zed_ and the p1 = _ -nu: t be nibrbairted lad au e:_g1b.e 1 I'ioSimmm;ide GrT UE-:, Fl'`.:•-:x.111 li :.:'.:;'=.=e Ii]9,.be l::;a: rl::.:•>r =e::re,,:=cu pAa.Pru. =e_=t-_: ,:uWar:-:-:- 7 f:l ,_aecn! Rjeuc c_,.r ibe f .:d. L,." 'Li-. --m _ , Esa:i-. Q Assisnmv -_a1y a°_i:.rzn•_e : :m.iAWn a ni:._x-n_ to u,c.: _.,i; yo ._.:1= are _er •l:r_ zl. _;_t f)T Ccm___UM7 C>.,:u:lc_; _..n a_:- ==•Gl;i pi _rac 1AIL_- do n a 'r:=?. cl-: :h:;11 ae e:rui==ed i11. MM,.:1. an .11; _ .t,. _r state atadtt. fro=m _iclui rl3srr no u. The Depail euta executive Serum c,. _ ve , p'-uible• :Sbr of the -n1_:- an r. WK a all 1 .e tr on of i_= rn:•_•:•r:l ,.;=th .n ri - --rec: '.=-=:tr - ,_.:.amy ccr;.p _-rn•_e of .Tree: w-tl, It re~que_- _n:: of ;lye Gut_: c. i_u.:.-:._. 1 - ri n of r -a ❑Y:U r,:g t. :.Il e; amri n._- aces:-a~ f_:: p1 _i pmp m. a_lru . =;,r__° e..rr3. Manage eut. r •.I . I Plm e: .f l 1%r_ mm7Lrelemav p' a-- . )S;c F r 1' l~ fr ~ f' f 1 V ~ ,li rF i tit ° ~f r ° ~ i i f s rt E ~ r E ~ a << ,f ,a t` ' fi, , ° ~ . ~ ti` i; ` ~ ,rf • r Yrss: Lac3] P, rl. •eau . Pr U:imu::d CfiaP 6M2 LEGISLATIVE EASIS 'xZ 1. P mt Math irr. . I--. I"! _ -nr: pop= i. :.t-ted I C :re:' of -he Ie - .Pali A : -n:t" means tha_: Texas recreagon and parks "lea al area" means any aiea not included in an, urban 2. F ir[Z ; il:➢life C 17,41? - Chapter - State 'nea. : rrciue For L:: A Part.-.. 1(: - re ite c r " naeanS a Site or area ---EC;= _'-EF'_ LOCAL F'. Y29 =OR iAQE io _Y___..._a by Le -----uirnan knvo, rahubl,e air -T-.-I I .':.I =.LI-I AND 07 =R _:erall; :a1'.u _ cr:: Sic lia ti: a_. a1' wq:. 'it :,:p ,r,_t.-•n me.;._: a nag&*"] Sec., 2'4 001. :E,FF;I-I'-' K Iutlnis UTALartter: _ ,...re , Sit rup:i: a :care federal t e m z :;.n le: G ` • rmzl M r sa: a "nq, iirunici at li _•i:.. 01(e)7 Interual Revenue Cade of !t'. i-. _.-,.tii.t. i`i. zt:.. r.: wv c x Din _ e ui, e._n e:_:_w air :led. :ra:,t d inder I at 1 .•rit of -:_e me 01 a ZC1_.nr: D. rte,',:: t,l_: i_Y,.aL' e3,P0ptiLatr:Y. r -r 1 l : pe,.-:_a th.ir. in=_er c - . =,.u ;I - _----._ed l:y -_e :e area : itlvis a standard la:: canny. ___Inwit' Lr.:iW... _ r, hallen_y:. _-ti r- 2 nr-_7 J_1 c.. Kea t`' I' i ..-i :tateused in the ,•t•.uh ; : .1:. t :.:w inn:-z. fWalleenni_ 4:{i L-_., p. 172 1. at°k is l land an•-', Water par]. cr 'mal-r. monied by `_m 101 r: log. p. a}. 3 57 1. oi~ -pt. 1, BE ME 'a_" L:._ I, is. if' Opt L B91 -:r: KY, -btE 4rt C7et. _pate .rea i=:-an: a land o: w ,Stet area for L_= - _ 1 - 1 :199 . Etonian u:se and enact,-te_=t slat - -iee of reran- ruade stra ,:-.,res. i'or FA-.. - The ?n.,. 1 accc'nn~ i-a mma' means a l,i•.-irr_ al .'_V -:r e wt . -..,.n- zero l wnr „l ' Dnew in 1-- 1-.__: rlaa natirral resoatrcp i,s _ cr rare.., acwotint Mai y it _;i ed t:. nybeLaptey t[u-eatened, air errdav:_, - . _ - a . . c wildlife. for erants to: ..•n means a a county ii. ".at a porat at_cii an "F ka - nmeatai'..L ea spa we , - -.v_ i•. Q n In tuchda i - -mm on and. 14 -;r au.il .:f r__._ :i---° aLd upon mea t n s nee ~ : t : anviranameut., an t::.e: arid. : ,n•' - i _ it -.at is itrt a c2triin= lot _._nn.i_. le air _:m::. ._.,•tsarn . d{iara~`,u ic;. and 1 = r'r_'s it fl: L >I:i.ea}aaate p<aik=, recxearr. :r_. and, p _ =e ,l 1:,, A14 _ Leo . p. P31 A. 710, Sec. 1; eff. Sept. : 1 i by Acts 1993, 73rd Leg., ch.. Velez! .0.e1=t..•. i and r- _ , - means 679, aeL "F-1. '9 9 rrr aVItin-_ i I . _11 de 1.1'. _ `_tat : ':.r for ;1 :11V jX L_ 00 _ . e~qL&Mj, ay 4 03. ._1: T--7 ='.E`,`F_ ? - r_ni:.W..= e,1. w_:.:g. _a hpiua a.::iY: ~r 1~)='~.-F:T_ . Um - r --=n: 1 l]dcposil _ _ n:i• r } i•: . _::re, r cu-il. open p.,ce _n an tole cnsdu _ e Lw: , womanw, _d, uun.t: }1 e,. tru,.,.rr rut__e:"e~tx.alccs I t fthe,ereffita n .,:e r- ini L_'=}- e.rt -:xder e s_: I.. au, TaxCode: ?C.aaz 111. F e1ea z 5 reFaces ..L Fecediiig iu-MUMI relea:res PAT 41 r J' l~ fr ~ f~ f I V ~ :1i rF i r,~f r . ~ i if s rr E _•~`.i ~ r .I t :I :f st` ' fi, , . ~f . ~ ~i;` ~ ,tf• r`,',r -tsis Lo:it:',rI:-=•rsur.Pr:-,':,u=.: Mnzu:,I ChY"; r 0 G:' :-n--Q ON :121T. :,.;A. i 311101izedbyIW . III_ Dypnn__e_:L Loh -:ams no n_. f:._r: he a,..='=-•-r ~:•;._1 i_ .11..,. : •a c7. rrarprf.. 60_ P. 1-11 -10- Sec. I, Al 0.7=-r A edlle3tion' 7 =L-M _ . EA. _l;t. :9-0 LL1aLi=.' - A n7 141. K Q Leg... p, t.7:_.L ne a: _1.....; u; :.ra_?• and 1nll:l" = r _ ef`" :_1::. 1 -3rd t=: aad We Of PRAq reM:; L-'-°._ ar:a.S., Nn7.. ie:._ . _ at . -eas, and open _ .:eye by AS .F:'!;- L CE -I';:. (a.1 The ';•LLLLI 7 : L 31 _:e ._t f _i _ wv 7 D e Me ?e_ artala t 71,K -.--e for al {i i::cut L,,,: b tl'= I nWn~iyipi Oire nli7,. r. at `.e coeta Of Lll' d.e.-:ribe, by On 0: -._rt &W .L7'.{L 10:11 _e011hei 133e W M! tl i Il;l:l :e: .•.,..i°V ---e..,....,_ fedentrel;::'=:_=--t=:_n andwo7iq Ar M.. 9. 6 : Le'... p. 1-2 . Rec (b) .n :der = _ a gra__ miler the =rcn, the ca. W. . d . =ap- 1, 1521 i Arn M! m. 1AL al er3n nL 1 La- eh. ti re eff. Set 1; 1.: tlla L 1::al:l;_e -r. £1 d .e':- e-: nya :1...7 he Leg, ch. , _-c. 2 . Supt. 1, 1999, p _i.tr = u 7:.:c71 g9n1 f :l :=e f :1?7 ;1. -ext. Sec. _d !.y:' = ITS TO LI_.C_ e) _l3 :rL;1e: t_._. : _.tZn IS COrzda6011ed. an The GOI. Ef-:'.fE_ L :71 .a 1D he Texas in. 1-- q inz for and receivAg he Wpm! Ie,. pow. not ' t.;-11 1 pe.' _11 .11 3{e 3,:ailable fcr -L711r: to local yr 7 nnl f_7 pe-cent of he co:: of Leg. p. 1-13 c ,a_-. i:::j: :t:cn - - 1'-"-'r _u rc recreation -Ft. Almoved Leg.. p. _ :il.-" --'L.cr . 1:. -_-1.;_.. '-ports activitieS, 2725. - _ ef_". _.p:. 1. 143. l; eft'. ,`Sept.: l' A.- 7 Lzr.1: 1 `;ec 1. 4 UP INRE C°' { - '•.T1= I =.-C H_ _ G L: F-' ' - - Sept p. =.-.:r- _=7r~: Lena ll he _~>2 - . . EA. , 1. 1.~,_- A =7c: (a) T:=e .?e :rot __.1_ _ _al:: _ r ._:=r : r. i 1 Lr.::~ ,71 oL oaolif of the La- L v_.. eff'. apt. 1, 19" Am _ .fr... _.a._71 :r e __:1:r:le==t --rk.. L__ - ,::s: l.I .-i1 as a _e•i and. ::pen h Y ±e 1.. _itl _ :i7 .:71_, In T .',-I=F F"---- - - : ru3'-- ru:~1.e .o.ui.e. Se•_:n__: _-4.r;-r A rllr. Ae n, ru,;l. . = mWe LE ia.wadaeke_ the -rtm Cpr 10 ..:L3 7,__ _ h L _r.;:: ince. 1 due a ; L e :t fntslre rr.eea flee e :iti":7, 7,c (e) ,"DUEY yra::-e_l to a Political. l7r'R ax this w a lrre Df the prop ay which tone pi~ L, section Era R be : _ - ~ h r the arperatinn al& : tenarrc of .,__d park rec.e; l 3re;s, cultural L•rsonrce -s or areas, and.qpen Vara . 1'1:;LaeJ' from -the um=~i~nnal eK on-y: plan : _ . n: _:u i;h jons on, of &a area i-_ (1) if the parl.. :.:-e W3 11 OW 10d L '1 -1 1 and. "r Ah In pr ; :Lt:: is to be wTwed. _:l d 1 =d bale e ruaar .3ur.e= bL' 3 e.Lt ; 1eii = :_.fe=red by amgs._ ,.L* = u "d V Ole C_UMML:r t:r :I _it ll L• to a Il 1 IL r. r~rr for }e:..:i,.•..:1,_.ni3ilrt_7 .._-:e and Ac~. Leg. p 1-3 A. lec 1. _.de ; I - _d Le W_ =__e period -°:e non a d-t LL.IM to be . _ d .el 1 : . tr fec: m2 r _ hial trm . r tll aja site. or era 3. ec. d -::,F ?flr^Eh I . . Ic up 1 _ - be :i 1 . ed I ma ui. m 7: . • u .i.er tlri:: .1l - - .'L L''-1 ==_r _d7 r l _,;:r.-ll: X& Muck: tole fa. :1: he , - r Jl~ fr ~ f' f 1 V ~ .li rF i r,~f r . ~ 1 ~f s rr E _•~`.1 ~ r t <<<f st` ' fi, , . ~ ~C` ~ ,tfr`,',r v pct 149 Le,.,, ch. 267 On ems. ~l The recipierr of fus;da umfer • ~WhKgei 1, '1, on Sept.. 1 1 each aaurrker - e of the Sr =r:tae Ararat mide f:oni li --1 C ('c Prope-7. _=ay be acqQed with. prim=:-asion.: a a life repot Milan e no -inn ._r- vr ri.s t _ tenant if L ; pi-ni:airru fdcilrtatea the and r: r:::. r =rr n 311y e pe _e::t q0 =-i •_a of the p:.1=: _rty. rr :j c hanZes in, tlue _ --e propert:.: di x TO taii.t of parr Cie- 1LLau eaaa Lo e taken (T :e 190-±h Lea, c_. _r_ e•ff. pl. (e) If 1."c Cr f"r T0.. a Iva ionaL 1 19 -.---_nd 1:J.- . 1992. _::3 L ch. c,ialtan:al.re once, . ;ae aa._'..--_- in the:oal n 56. -f:'. -e)_v 1. P93; Awi~ Lea..., ch.. WA mghnal pails reclerl y _ Minn rx ,.una. and rJ er W. Oz. eEOpt 1. J59. may c€:1::ea: ,.n:]e: •e .o> t :iAne `e: 24 t. 1?-RCHAPTE - s_..: _:e f_onc the - , -c : }hi.e -r -.e--0p ±e The mcr. ey - ..m AM file ti: . rr:ove :t Ja ;err.' Zia We . _ _ ~wX.r=°orir uil. -__e ]jua:~Ir:t=ri w inn; - yolitical ,aJ =-:-=:inn cr _rt f_:r iar li aal I Li::aiit. J r e is n-~, r. r 0 -i,•t a:~J. TO i , nam rf a :,:r=:s uxar;_ _:_ur 03n fcr is In crvir-r can 0" rW_ :C r 0111 . :U'=- v it _r i2. ^ b::. .--e r,. naL i to pe.fcaxn. tl,_ rai- .2 :i; 1liasir fcr QU11711170 r=._efr as L::n-:. spun n ftho graart. any .~Iro larli r _i: I:, l.. '[e . a tLe :.n thra.r -,e cr u_aaprc r 1m.•.: .:ct ann~nce _r. a . ah = ie.-:.:r_invn:. c! ±n .ir -I„]"_r.itknot r :ai . :4 ;11 he Wte = ;W. -=::r -•r _nA u.1-1n~ YOLK : P., I ":rcc t=:=•n in the } foi three ::titer :.1::1:0 njthe i.:_.iin- f_a: wr:_.--=J:It nn. in : eqe~h7 inc. na;;. r. e uad un wp"c 1 _ le _ uaz ,.iJ: ,.U .:-rl. re:a ..i: MAO 19-1 60A Le_ p 1 _ -10. Sec. 1, OUltrll 3] :r.= open n:e :1_i_cave an.n the me 1s e:` 0x naende ..'.m 60. Lea.... c.:h- ] J - a& e~::atuieir. ef_ 0p 1. MR. AM 1 Le-., p 1-11 ch. W. 1. 5 --i.::112. _ t :W7 NOT -C BE 74E_ 'C:R e_': -.---_.r l . _:r$ Leg.., M P .E-_=II-: _ n, nodded ,till- , = viv nay -e 6-5, R. eff. '.p:. 'i. I???. A :n 1999 Log, ek a -afcr} I . _ l,iai_-•:._. bor 17m beyv 1.10T., A_I1 1' L--...p.17 h h.-_.. W.1, Sec 00. i . -Iq RECORDS, JUT an Se- :93. _r l A In Ac7v 1991. Rd Leg, ch_ n ];e :i of a marr.t under this 6 A_. _ . _ep: 1. 01::M ant. .he =f1::11n.,a. -l a_ aui,t::: I_mr.,:.__r_;•r.:_neri:il:.....-u;-__..tr.::i1.i.nKe ._F_I'•.L,I'_- - ~~.'-E ==.F=:_ .ii: -1, _ to r.__ art.:..: 1. r,-'- .•r ii-'--LV.'.. :_;_:e.:s-'- :;:.es net a_;.rlr,-=-_"- __I.r_:.;1 .,il.:.::A--- tc i_:.}u_:e. aau not 4 ncifisi by t1;- c. e--r•_ de e]p. L: ,a a into a pail, r_rae, oral aim, open spade are.i : r..:.. (L _1:l1 r 1::ie1It Of a:::i ---Ze ira,der thi. ;hall --1 a rectair= ] l:• tli L -p t : ilia Added ~ Lem,., p. 1;?~. cll. 710., See. 1. r- 1,i -1r _rw nn - 1 ".r.i_:r 055 pt.1 1 ac:-11n 'f It rite r._.i ieed An rlre J: 1.oa ECE _1 E RKS FOR LARGE CO1L1?`+]IIES xu:--..tL ,L and ?r•r oftl,t_- rri on -e' `.I: I'=.LI_I ' To in,,l;l d - t.n.l.. _i other A lit. dir 7w .._ad the Sec. d.!a. 1. I]E?I' I Iy luthr, aabchapter:. . thou ail- r :=pa e.error.: nay b. _I ::.:vinan .1.w ,nd r_: Ord of the 1 °Accomt" mean the laree coLmty and n.:,:...-- r;i_r. at are perrine_= a::.i ::e receia..ed uia%this a°r ;D:1 -cwtaa t- J Qze. ruxaJ Fel.eaxe 5 ref ties I. L _ ;_a}rara. 3Le,, Jul _V A2 - f r~ r Jl~ fr ' f' f t V ~ :li rF i r,~f ."r . ~ ] ]f s rr E ~ r E <<,f st` ' fi, , . ~ ~i;` v ,Jf• t`,',r -r._a: Lo,il 2',.rl--:.i ui•. Pre.;r.i rr.: 7J:rau-.1 h.,prtr F_= . E_. =E T_ 1x;,r l to°ctal ea11: area Sec I- I-IT -N71 d_r_IIi_ rhr- :.2; a:.a1rLe• and P - II, - De?ne.tmjnt tm - tit n1:e: clr.I;.a11_t1-cep of ,L_ e_ :rrr . n:t xut - 1'ecle.;_r_'__ an a r l1:lt F_del:] :elt-,l_Ilita:t-:'rr eI =r3,nt~" n C, 7 U13thill- -t 121 _-i:P 1:0 a. :t T .1 I x> _ i t t _ ; . ;l. t11- E of T c - i ai- ma__ t = L _i_:: t _:.adei 'ae lW : Ia.. r = rIUl m=,.:_•, .r r _.el I- e -'[I-[ Cl_ and ru :i•- r p , - - t t:c tll 1, or upev space . and. -a-t--tP ,tnt= _ulr'-'- 1 in mark =2 ' mozbE~>fro„ _ n n ~.i ,FlaW- S=ec. 24.054. ASST T - I' . i' -:ie P "L.-. zE - ...r'•' or municipality" meal;'. i county rrr Diet: jr=e-:. make at•.a:.n:. c,f. ti1 t11a a - 1.1:_. MIT•_.:7 -n R. IO -MrlatlOUOf 500.G(T ----re.. a 7::,71217- l1.? t".: =7711217 -!'tr_: LL =--'.ir;i tl-:r.]ir. - attu°al, area mean: a site tti_ ak1= re4 i t_ t a, uatlua. re:culces, e:c, _ cr I::re, re.. a[i_"21 l:e : =t- elan.;.. thr'eit-ne°l. or endan e-ed ail tey of - 1],:- 1e receive, a ~lallt lu, ._c :wed"tion. the -=-r;::•f: .:r, ;:.i.s2;" Means a ::7:2ir t:r_al :eml:eml ::r'•" --.,rrs~ alat~°see ingthe:__:ie:L; 3,12;13L Errtit iu - .2 P: r:_ 1„•,• of t1tr::tir= r:_ar It,. been, To f .-L t -rant af._d x1a. n 1- 1 , t:_at 7.i-. e0" 311 tiE Lilx,:1. :1 . fe,--E.?: III - r t.:: n. e. L c .,.u:•. u r nr.,:nr _1:-11-17 ll: ~_7't? e'. 'e"!1:1? d'_ of I'%''-..,- r, a: am_n:-ed. cl - r t. Er :t t> r:::n _i cln.tll- can- -,r,1 min." fLL- for ar -e th-e fe=,e2,al (7) " leer -r=-{" me.,-'-. . a.:' nd -it~l• area fcr Elant.. human }1-E -M: I i e n.a r t=1ar -i°ee Of 1u3n- lu3,de :011::-..: Sec _41L,:z•Er_I -_iT- = -r_ 1 - {r I'a. a -aiL111r1'. n1il..e IL _trt; :Ill dT,. "Pall. par s, t_,43`ne rrr a:::_..:_t t~ , r.t_ ::2;e- cuerate6t,, -f e IrE 1111 2. 1 -it [I.. or -le a •_-~pnaent c:' a 1-7 .iona P , 'L E! =a Tarl..::. 7.':-C'.'. e area plan" : : a ~ ='IVUa,d.and!,3 elat_ IC tllS COLM L' ll~ .-ill 1:;2; tl;;.: 17I. It1 .e. infbtmatiC::.. on au'v' ana, .:f l Iec:e ' Snell a.- area estabhshing the -7 t::~ 7f gj'3T xt.- tllt :2; cbiectr'ves, neec .-i : -n-.:. n ::t- tlt- - : altme1It dial.. ::W I1lie atld. Ie- tt:. f "L' t tlot ? titi:'r,: he .c:-t.cu:.. ::It•ua:r_rt.::'.. and. 1'. T., ir:e- of fcr 1::P :re is tll... aa.., and. _:Pe_ a.:e n_ c1 '.I. us. -..:rated to _ C, _r c:r 311 :1e1` this ad for he yip atir u a,.._ 7 7 ,ItEala-riep of _]'.i:_: .ll:.:.. L',_'.:.'." ]i;e:;.:: a f12;'.• . .--'.L___ru t'' x;::. : _ 2,:.:;..: ..eas' d:lrltSll''aL. rep:Gln'Ce s:teS.: 01' ale•a:.. -.tt't r. L't' CL ]jr. _e e:11L e--t e:-:-: ' aL.a. _ = ul° :rdarea t::0_4t' r11= at1:];CLit' of C t_ .::3:' a 11111:;.: 1AF J__' fl-ij 777P. C,. .7:1' and 21 r: e - arrt d : i1: ))Pi--; :.f~.:r=d 1.1':• . . ~:ls+ v Erserl°ed ~c talati "u°° I .e:;1. 1 ..i:x c pecp:e t11- 1 :1i f: t j I:I: e t:in,. "t L tll-tt low income or II,: e. e.rntn ] the last : t P i I an_'. rn iirrtEn d n.,.:. or Mtncrit --tnta L:1iallen2ed. at ,rutl. "r fp_ 1. 1 - the r'_11 - uau 1 re:nirn? s to be 1 ere.. tL: effec- - ti::f.-,_ 1 tra -'P- the par k, ita, '01 See. '41.: .F_;r= A-P L_, I ALITY area. E _ :'.E_=.I. - F r r - The Las°ae _7 1 j_ t i a - t_ .tit . =t l . E1111 , :,yffi 7. 7 7 :11::11 :n _ -~a i PC, _ 3I 17 t : r Jl~ fr ~ f~ f i V ~ .li rF i sr~li.": r . ~ 1 ~f s rL E _•i`.1 ~ r E i:i st` ' fi, , ~t . r ~i`` ~ ,LiL`,',r Inv W ,i°'r:L{.MKPrc,;eo= 7J:,'_ it a', The Depaitm,ent _hall Mlle =t he fcl If _=d n wn.ter de t_]l.._:: t:•L' :71'1. 3e,_7 ;.L :t'::: PC l aa.Ee cLrtllr;tV cr r._.r :'L r. li:.:1.7:.•fr, ltvial Liwil::e., K r;.eet :,m _-___,.i=.' 111 r,_ mi kca. frr llr.s in a.. la1 !'C ]L .L'_.:'_l = 02 ane H±0"! 1:10. mcez"cp! lli i1:L L~C wwe ,,P& Open. L-:'7'_lr-'_ai 11::=L-'"Won, ' 1 _ku lr._:l: -'L 1 ru... 1: ,:1 ]]]A - - ='J]i H: W" In:,__i' -ed ....:1•: - _ _rLli~,-. 111 '1 -=-7" _ C7 nic-7 : rill .sii I._':. - .':e L'i:] _.lt_ans:: m n li;:l:.l_A glam :e::pyne undo ;:ri r_' e:ll:e call$L11.:1. _:1: .10 _ _ ?:]:d 01=e_1 ..1 :e Rle; b'; a:.:.L. h t 'i un i oev0p •a UMAEL."_ Ad 1 u_,.;:i Z 1_cci a7 ' I ±c m mK. rl,_ Ew 7t mnv s a r; t must be asst a ::_at -='r _ L. = E.. 1 [ Ir a rlr=- Pill: to A p laid ai wat L A„ La MC: :,;rUilsi'•_--_-.'e 'r r 1 ._rik =:i k',r ae. __:::a u.i =ae•:.1 :e_ . p of the cou.iltL_: t'is -]-iID: i7 . ]:---e'.. qSLa l_L;3.r .li'. :•i On 24 C55 5=9 FOR GFA17A TO IARGE ~ar -TTE` s r ,i' - IN !KZE -'ur• L_:re::ti:]: sad ti.:::;; ,d Or 3uatea ncul .:e mmun: mceevn 514 =0= :tart :_..:r e ce:3i:lre1 1::llr. ri:ri,r. tllln 1 1 " - _t e an e f.:l mnt:: k 1-ir-e re .c r: =:=L r n =rira7. -i7 win ai v fn t., 11e - of il,- c r - in HT 7 n.' _rt --'I wrWIi , 11= W r' i,i ' I,:: r-:T lr-_:7] ^,~L l:e ,.1 a i '.dn~:P recreation p4"omill:~ :.'L_:v r: I ]rx:. 'C:171.'r.:..l L_;cru'"c{, a(]l;l cpeY]; 5:0a; 371,317.1: r: =--EL]'. CIr e.dlibi.t:l. l .i-:au- e 1:, - the L1~t a1 .e_:: Sep 24 V- '_CC012 T USE TO BE `-I57E ;ec 4 V'-' ;M=V, MOT E6. --1 ya7F J- AVL . gl,,~ - 7 be m3d.p Ugly AP -don -1 MOT-7-21 i a 0- ip a i oZ w"n 01117 Inds &L. _W " L. iv aLCmt L'L3,7ffie'4° be 13"xed 3U]6eY beCt1oY5. - 71 - ' „ v vv- me he--n "--a 1-4 .+Wi::: Z0 n:_1I;.L' ':1131. :..:'Lli L7 331.3 Mire 1:0 w "1 1 An.' 'e pCA- ~ On ±0 ill: .:m LL7ti1---'r1-' H7 , LLl'rr tl'. 1j-, ~ L-r-. 'r. ,,.7i-11 i1 = gi - ip_ . t.; 1!- l,- nl -3 ' L r l L'i.a:leiSi:I i:'L'r le'.:. tii p](}':..J ed.: an C: L'i:a:13233t (._'4 a Ari.tten r..e ent is ~b ;ills r•ru lie r i ~ ]..ee regttt 'e I rli- r,r :3i i T:1arr_ u37~:: _ t _ t l: - ill re,--& 1hpi Mv dtacIwe die ;._c,:L k rho ii pa.1t:ca of 11, .i•..._ 33°" rill I'_ t=~' ll. :1:=1, r :a -L j" r. t'-: be 07 da e_-, 4 dot 1-n d - r -_:a the' py _ = by t1 W;:ialrr,, r:- ,-r. _ .r f z•.::Itn._:: n mn ii' e1:.:may ]..:l;:i-._:_. h -c w! e:l': 3,czIu.syn. 1;'.' of tdhe tithe ati.i d - ac,alrea. toe e_u~j r433_ li 1.1_-: 3= ; Y.t J I, - Sec.. 24 US -:'R ,?F-E, T-i-. ' -1 No of do ; d i h -r_c a 3=lie l On e= MI. prOP•iLr 1:t iu]_"•. a.Ltt UWnev lit. e 1er recs. l i.:::; eed ;,.lair. TI]- Lu ern: mid 7-,-e t1ii= .1 i--, _;:,_pv 7 ° t mm&L 1. r emn ; ALL. =r Ilya ..s.r:_ - - - umm m lr.. ° 1:..1:13;. 7om r:_e f:._: na -::_t _ of he both m t.-m and ie::_da -t e tl•,:•s:irr K- )ne pe-_ :L' u: levtu:_ t_L'it ,;:e pe : e_.r : l:.i;:„ s e recebw dw, a Llbcl;Z'=-re. RA - 1" be l :in: -1 f-r a ife t~_u 'f li .7 . 1-[I 'I:r. -&-a tlii _ a-nd Q Di- _1.a'r of f, Ld, 'r,i, -li. 31. C=] - E1:pe----'J a.'_. ai.: _t 3 w:.:. wd: 1, ?.ts]il'.'e: ...i: -_:ate of Clue mim Eve '.'a-'' ,__'r_t e U11 ,1.1e f.LL713' to the - _l_ 'tl:: I' ' e re:-'C Cr -le-. - 7=LAll,- --J:.7:d=:re0 l'..c -,f - t r-:= "L =Lr'- ..Il.:i 32:'.' ,1,.-i, Spinet 12 r. divarn - tlis ene_:: = i>e _l: ' _ ~]]:...r. that tua?.' as :-ke:_ p1l"~. , _ 4~7 all r Jl~ fr ~ 1` f I V ~ :1i rF I Ir, ~1 ~ . ~ ~ ~ f s rr E _ •1`.~ ~ r E ~ ~ l ~I t` ' fi, , ~ ~ . r ~i; ` ~ ,ll 1` r ..tzi: Le-~il 111. :,1 nu; Pr: 71 iL.: M:1:.ual h1rDee Sec "'F--- =F'' ITS : T 7. --f PT- - -7,- The 'r cme,- 11.11_ i12 :11i- -I ecru r -Clli-:,e-e-- 4191'7 ,1:_rli 7.7 0J1~ _'lJ:11 :1'1: ._I Ii 1 ]Y}t::'. :.a3-:-cC?1 N.::21 : f':.: - crud i. ' r::e re: €:.enl_n of rllie '1 re - P .Or :1.11,1 :1:11;7 r.;:'err :11t=r=::-.. t.Lat J. 7 '_:i'•--[ r- _1'r pe.r~-;[: J. 11111 t_c: M. [I1 t. II-_._-I::LaII.2 c1 t. L LII11_- _et r :I.;..'.a _IYi1:.-7,'::C~ :1..:,:7 Il..l1:-?I -:_ll:: ..1 i..1 ._1':_r.'. --1.1212 :IL'Ir':'. 1:I L':1 =I_.]CC?I t:1=1i Ii• 1.- fC:1 tJ.1-,' 1 - J. - ear. :11 f L _-C II:JIB`.:1-c.L: E. • LLl ..e'. :7 PO I4red to tlIA, : ~.SIt --e 4 ,1 THOZ Ti' 1=I = L =E "fir I.=:F'~.L:Tz" TO si F.-~ . T.,. ~ i doe. 77t 1117-7LiZ~ a IaY,7 r;: or 3M>UjaC:ipil acquixe, del e -mom. Maintain. :-era:te a park-, recreational a.re,a. dell uac a1-ea. r J' l~ fr ~ f' f 1 V ~ ,~i rF i r, ~f i . ~ ~ ~ f s ri E ~ t E ~ ~ << ,f t` ' fi, , ° ~ ~ . ~ ~i: ` ! ,!f • i` r _as,: Lo:i]F ~Ir=~e:7uc Yra=s:vic: S,xa~ox+l l}i_~'~ft~ - The - -.i::1be . _ n Maw w apply to t.a N used ux this Fi=,F-ER -v 1 - PRO - 7. A n -j am'. H Y- E3 -.2e. s f ; 7= E7?F' n,-._-e. u =d b the =..n e =1.] - i t: -.I - ri at :'te. _...h _ . --.-:w :'1 VW ~ --t'~=-=t --:t,:~J tic -tt by the _ur:n,..ee:. . _.:n.;_.-r:.. f U I'•II:.:I_ - 7he -:.....:I:: '.iI.Life Commi"~iou. MOM prof_ t_ :•r =11 _10 durx-ent yenicee or perf0imauce ^D TDO R OUTREACH ;F- M my a'i:ire , ~ nt 1'axu _i. ' A -..i7.;Ct: i_i_. I'_ _:1:q Cs7 wh"e exe,van _ ie the Vocal .},.ri:=: ail:_ doe -t?t_ .ert.u_ M n rn` r.t ii n. ,r:th r~ ra all -i DE F' EF: I_i EL I: This use of tx_._. a =-_:t: -.r .-u tng. :::Ix 1-- v_:-- T' Ali ca.__;. 7.e av !f '°'':e ev te.;._._ =:f-,s.-m inn i .::.t_w .an ,tr_ ct WO -.e ad, ~,~::Eli :.:~::ed by W `~t;t._ --:--ul_m nn Ii in t. is -Lo.'.".r11 ,ri_: e _3:=1i e :'..3_:- :I__: ties too , nree_ or :u z_ -r_=ed au_:er. v., N_t,l: • a7.r i eLp_ =tatiOxx .r~ ixi._`_ Y C O E - •.r,.tit ,,,-he _ - = =y -LPPLI - - - ]octal ypou x er.: A221JC L_'_ D . The :et and iu.d- _t..::: f Use of I: area for other to be used fn tn===_=j an aI t.. for pxc. ann, tl ; . PAW i eci-aati.c rx. xaxi.tig r ° n, pex Ch ptex a° tal.ce. 612 ] Ain: I - e `.L A... or area "EJ:.:ALl =--t lun - ~~=1]:- . `t t ie r,-_-'t:4t. .._.-.eai.l::c:. 'CD 107i 7Ua le ari-:_ cr' F F Re iiag IT the anne.xti' e -._t _ ax d,e.r-.: t_ :t- e: DATE 0: C U=.:ELETI€ N. The under a rentlnng : .::e : _g;.l:ii a :I. _,:ified ai_ e.:e p•-ae i... }.l~ e:_ a: th,e to ai :-...L FK r. .I: _:-f_: u K. : zli njunent loan Qmh :.'nin A:-...n.c...e ends„ r FL: LIVES.. Ma .r :ruul uo,Iy and. t_ilrfe L _ -3==-=ti: the "me aset :,~_rui :.1r..: ":f :r ---~-'I. - Fx._:e.ru _r,=-r. -_,.ix_.. ul i.;_._-61.e k=,,- the tt.'.ie: the a,.t.:--.:-c: _4 :f ::.e F,r~;; ','.'.:Ilife Q;.trn-_:t w a IN ':1 ict.w1r ,:r_'1 _ = c J .tl;__c e Ae. ECLEC-~ E E ::R7_7T MfCT COSTS Time tl:_xtxares cc.rs Thal _ -aNA 3k1tI3 i_:: ll.c _ __nt .re:. to _ mee p._j _ pli%ne areal • t_:: is ali _n 1 -11. I- F 777 The die;-r^!- of 7e: a 1' . I 'i]-::_ z:. -m.- :1. c:f the CAJAW EF. A. se1w i- the maxi::. which is I _I ,.:7xile::r t_ .:__m, .ia a aire:to : ai.ithcii 7- smn . xe_eland to :1 aN. MaxxrMJ.Feleae xepceL' prxe,x~xuxJrelea$: J?~Ia. r,.I~ ~:I r J' l~ fr ~ f~ f , V ~ .1i rF i r,~f r . ~ ]f s rr J ~ r E <<,f ,!t` ' fi, , . ~ ~i:`! yf' I~,',r .-rs,: Le":,1a [:+r•mr.Pr c°-ruc: fJ:,:.ual CILy 'TEF.t+ rd . ti are tl e Q1L-i=..!.!R .E. T I ,t:lair_= :l sty repre:elstatL': e a..t i ; L'.:: i r - ' t_1 - -=-rLh.r.:::e a de:e uii t ~i3]'. cl.lll.; i._:: 3::.. e 32. n: t: lell_ 'are e::l,: :__212 :12..'i :';E F *r=:__t22 p3'~n1enta Lev eheA- as -11CA ul z:__ t av.Ae1. r2,:- 17v Cad Lu=."aiae sled. d>=lL '.iA T_ : _,I :'I lilt= FLEC I- '.:I.: FT- TF:_~. --,FFF:'_ '1=F Al eron' d:l i21 _1.j11.;rr _ 3:.,..:_ direct It =3de so a W`Cl J.;.-. fol prarMarl:i.. re --b-m _.ui2at z2 am t.Il=_ ?L.; r2 _~ku ahe=n:,:i=:e to lei eu•Leatby :tata Lv1.:r- B _ -::!:DR FA I I Y) ar T: -::TL F - } n _ } -.L.P ;t ::l ct: ty • a h, cot- MV more ]sec:. ~.,:frz:' by rali~. to adcglure, .1~~D. le-_ ' 'CCU a_-14.:: -I- leclea+ion . u cl _11-1 i- l,n;-I .211:2_.t Lite_ ratiot knee facil'ities. A period r f .z =2 . e 71ry on. :.t liln= _r: :r. _ S ca. the M ,f _ :n- :.t T. uiL::. s_. _ 11 1._-- 1. X. LU_:e J.: E.,.,111 ;ie.e:_1:: _ ..1:IallT _:r LL'r to 'F - - 'i_ I ' The p:elfonuamt . 3f .:::I: :`11 a 1:.._1e':: :r.1T ::.22 f',1Ce5 alva 1e :M1: .f the 1.2= ic'lla1 7enace:.. aud, ,_]:i a ] I::i• : 1' :ed ; 7.- L L. cllleat b acl ::r a1'; - - 4 CT a..rsl' - tl 1 I-ne document the d~11 ln1_= _ana -of the laL1t l?n' -r13Y7_ =.L . F_ I ra1_. L! F-LIT Recreation app,L71 :r.: which ~wude of the tile. tha S = =L:_-:=l : d:A;ll i:,L hn.Ci =1'12,7e'r- -L' }0 11 7. - - ' - rr' ! ~ ,e }Stare^•: --`1 the e 21 e: due ben :I el =fl 311. =d l: tl e trl-?:=TUleist deteL_==11.~' 't a:-n:-as and 311, I. 1 Of thS zll':•. ct llaa- _x:13. F. Laud, an... •mer,,-atLan Fund - feieral Za11:t t I, I : . II r T = F. TF__. H L. i i-i T. F r _ -1:,':_lLl:,:i•_ _ -11:.: eua_c'l ' L 3:: LIE- T _i= - -1 e t 1_.c3able i.ce t _t k :1 t~.:-_ r . =_m c • I. la 1~ I11, 11~ - to - - 73 - w 1]1C eie- _:r. .1 1" Ih in r ]--~-lu N, T? iaa M_. L:,%-- the 27. _ 1] l1._[L~. :die Il:. ]8.,1]:. ft2 : :.:1- tLe Tex;. ~ a u al p " . b1.;.-.p__ Aki el-. I, 1-=,-.1 a:ua. Lice t L, C) Z (FA C :':-1 Y) F._~.:.- r Iiil1= -.f , ra, _ . t Cu _A I P, - gee ark KeUe'3fioa en Space p: r11 I .a1, e, P 1; .r-r ]arr. L211 c--re indoor re+ I'. 3 f F'. I = _HL :_f prp:ect cry::.. o., r J' l~ fr ' f' f 1 V ~ .1i rF i r,~f.": r ~ ifs rrE _•'`.i~ r ~~I~:~<<<f st` 'fi,, ~i:`~ ,yf• L`,',r La:il:'arl: r•mc.Frc°=rn= 9J mat C}is?71 ^:u._ •.:s_TIT IL ATEI ire,. -:gat d-_:. L t_:t ='L ,th- E.u .ink by tlue ,.._t_- -o-ill-td _.;_u- .1:_ -r-_- I- -.zt: .,a;_. iramp :..,..l.e Pqa _ . _u e a"::..- 1 x il_ 1 h W: & Yza; ill _:t x:: - nn d may ill:_• le. !or wn! . I,mm_:_ ro ri ;•r :-r.e the p=r .,.i=;: to serge ir=-uhe hones .a,-.- ° Wt iale u nn wn t .-i_e ax rej= , : or tivevnis _o Ln - ',..;es{ . ` , • r=:] Mast ::-ass. re__t,-.1 tees.. e i w __i:: I any = nid, l r_ 1 u . u.. eh v an be : . _ 1 a=.e _r. 1 _ 1 ,7.t:::,.' r 1 . _,i e r "e . ell 1 e:_;-: i : ani x°eF_.:eMZ.tU:r..__L_e;I_". D=e taxRIm_._ _ r-_: , __._Ir 1 _gh: or : 1 in a_1x3. prose.. PP: CT. TI„e a.t p oject a 1 e in the er ect as_e_mear- W t 007 C RPf)RATI() a,:707 F0 P70FIl- ii~~ax incorpv rate_ xL_'. do . _ . ) :MW tl,r __r. b=__ _ e.ir.-_. Pne: =Dqt:___ =_111 fetal ul__llle ta.. U n r Aects"i _ . __:r_u.. _ F_- we .ode _ F s T - - = e•L_e: = ieI:v a erasltee ana'ant•I. in, .taring the _:=nLIr_ ATIONS•. ax1 _:r :,,carded L in, 1f t .'-r"-='--u.i mrl:,. :..-ill . ,...:Le a ---w: F'='. U>•`CT RIOD T_.e _.:1, :f txu -_.i.i_ed. in, the 'zab Olen 1: m;•. _:i amibilles 17 . inM me. an 1 ennom _M]g the ,p' r. p•.-Ltr__,:, of a ppyct ":'-'E-"PROWT:-'E E„: T: 011.5 j E n g non, I -Y .1 -7r_ a 3111atea.as PR lE~,TPRI=:=!JT S~:QFIra TEI»ni. made o u- or ea Ways PROJECT 'Pr See Gs-out Recipient. ma be re on 3 I1 C'] L } _=:d1 s .,as. PROJECT TYPE ,=e al c :xt F1: PALAZI- e..,. :ZTe.. ra one :.-:._L:I,r_:.aae', A. .cgxxi.:_,itiorr Pr:. ect: The ; _,•l F'. .Lr.. aa u. na r a ,,.4 c =1-:-a L-'_e,-r-. a area ==.K in , _:.i , . =-ti,u - o pd or op ared. as1, Impose. b = i=- . _rn. Lan- is ; _n dal -.-ed. F1::::_.; rL1;L_ %ned x x. nsd. , V"": 0;'.11. E. Develop en Enc C:' :n -r-rLles xec:_; t.___ pug_::. a parla of -Et xat liti,e~, O facilitie'. f.::. the E-::Yeation U.-.E Of an, _ _:f de=. m area.. O LF F_F'_.F T:i tla (?F= 17ACI WASTER C • rnhla L: = 11 opN anal. ='L=.: WM_: _._,xxx_e_.t t•::•r ::.e , -;..._:it:_11 ai;:c he .,.1_,._ a._21- _..e:Le, ._:11 f`r.1ll.ie. it a :.i1=-"- de. ]:.:ai_1r Of 1::;1:x_ nd.. O; En 1:._ :alC_ ~a se:ti_11 prc~jec bathe ;Ixanon n1; _,i I:. D. lP) K A Q I-I AM M. The dets=le+i L1:__:a pc} ..";_t•- t ..r= r_.,._ ; to the :=Vt01 Of I - F r.., dl e:o, _ - , _ : L1_=: ar on: _ . _ aq to pme se 11ife T -I ..rxLier.r a '---apte. 640:.1.4). r. e Lt1' bdelstr and - env a E. F 'A -L-L _:fo T,.: -r a TPVVTt site to a foal _ _ .,21-io.L.. jt..:: d: ion :toe .l-pro. i -I 1 4 -C L.II'1 - E_ _ D = Cit77 csxxat pec::,_ F _ =LIC = r_ E_ 1 --r,• 11-~i t= e_ r r,- . 71xic . sex. C. a di.tr - _r~er- g:oveiumerttal m ty c eusenr -w; The man nt 1:: not HOW t:) xr.;.de. - 06 An 1 t r0. .tar , -L: L . al. and ''E:(= _ -21 T....: 1:: al part rant. CT L'•-,! F -_nc d Inv =_]L :i:M-.. 1::; - jam.. which have now been edicateo tr :c. 311,inaged. =d, :ss 31CO-1ise -C1 11 = -tea Lk 07`recma:t C 1':'_: - r J' l~ fr ' f~ f , V ~ .li rF i r, ~f r . ~ i i f s rr E _•~`.l ~ r E ~ a << <f s t` ' fi, , ~ . ~ ~i: ` ~ ,tf r` r :my WiiFciWm .Fr==r:a,c.: Sl:awd CHt .'TFI Hj. - pending corrective , k,. ---e giaotee --,L . F:endio a h' _..L_4 _:_..In_ . ~_re]s_7 .;._-n nuke IT t]e ,de__.._n L _ ~is_ew T.;.=dolt _ TEE .K- mK-; non of r, a ° 2, 1 to IV . 10-C - r=r.rra a c0quan 0-' or in, p--r. f_:: a at any time p= - r:) the dcma of C.- A ]_.oaecat a];: attlte t:Me e.- 1a1e.:_5 : RE '°L OF-F_T i . Lane ratpro,. enan n tl,a -=tl, - Le- : L n.u _ , :r4rit e ' i tan ;_1=i- r ,T;_=,.otetrantther:_t_:.. isio._' f _ €r ,wire=; 'lame.; ire .,.:F: the ?i.:._€i:~. ='.Er_ I L F`rgjec.1 pes. Cc rlul~,:.':ion. RED P AL =L A` L?t= CNN OR CCD4 7!""LT . TE . C17D ?':-'F The :rat . :i n. of 1 enAhent t t_ i m An t;•r; =ae cut'L- t 0 rr 1 -1: -_:re,. t; :a v. See an-, MTti.e:l L'ir _ RF. IRAQ . E._e .ez::.. TKi1 . See Twins autdom TWct°eat nn Rhn. ?FL _-E: - _i ---E. E - _ - - - - n - Ya r.;a up" w:::t 71= 1t_2e of ]god, r em t :i of one or more re0L lt::. em=:_r - m to ame = A a T> - TaN Te . „ and Co urnerat Sy„ n:: =_e h np a. a ER. i AREA An ate:; ix- .tacluded in an Loran, arras... 5 1 A =i COG. QEC"II to . vun : _ _ :mast Iuatlaltita all> Be rge . T. - - =:EF_.-EL: -:TT-E-77 : ep:-Iltinl to as a Ci apter. u _ ate i:: L`=~ °=nusrr ° r='.i i n.= t: _ TLeee ..Lati =rk :fit pe= -•meu a o_-_:1_ - e Texas Al ;.ie fetuals.. _ ":':r - IV income, ] .i:a11y and ule =ta L' ° ;ell as rural and nner city r:- IF .`_-1• : tk f d_:'° May i q __r_:.:.. re= SITE F-_z:. F' t praenvuse plan. T_'° -,EF', `_D F' - - .T '=C of people 40 u. n.;:. -ulc i> - - i re. tL] u n e 131 --EL - r : a ; >o ed by the lair rr .r: ha-, _ _r.: l .=r Mentally `:O _ 01.. k0 i1 Pant apple ;ant, ?":antee:. c.:L, .__eu_ed r l::l i..... eI f-m---e- T 11- :,t•.te of 7wD . I &P gaw. ;~rogwmi. it T~ QBLIi= '-T-L? F T- ';1:=E_ The _:f tlra fired., sometiura used a- a yn € Department or,.I a"1.. e_I: 1 - D r ].j.: oot AT_ FU-'D .__OF_-_E_! DO ton! au:own ..;.e re•--t 1-'13 1: -y cumulatr.'-e :=.-F:_ '.I = EA--- The u,3xiauunt amount Of financial T =.I_: Oil . 'IEe ,d0113r auaOu t of lees] -'.:i t - :Ar u:Z = e F _ _ : ra a pQect as speciEed in. n hicL have tot ";-et been paid the a - =emant. c,-,€r --aMae 1. :.I=`. -I',::e ..a_::e. ] e: T`FARE. . ar l I:e3, the unA ter €__:_;_t"'--- ut p„€ E :a:Yee: nal _ e 104 U ..;,1 ]at.;i r n.; : f,-•Militias. p0=„-:._Pa ineL gym:. a7, ° WzI'.T (--:IF An --,ba-rrd:,trative ei t t on. alt onve i_ of land. 1.-'_:t to grant lpg 11 maur"a ns ZUE~ TO-' the p. ~ p:::=.an. €et_.__%t:-.arise-:: e t ""--r . rear rdh :r3 ti tt..= p aje:- a CIE r J' l~ fr ~ f~ f 1 V ~ ~ Ali rF i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ ~I E ~ ~ ~I ~f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ E` r L-ell Prc=cgym: 1.jIaU.)I CHT 8644 L c;- to t~ei---I-~.t:,: =ru -=-1. _~i r . u:• r : .',,.':1' ~ ~ e~~t yam, a lr. :i•,: ri_l: T-: 1: r J' l~ fr ' I' f I V ~ .li rF I Ir,~1 r . ~ i ]f s rr E _•'`.l ~ r E I:I :rt` ' fi, , i~ . r ~ yl. L1,',r GENERAL PROJECT CRITERIA 1, FtLrprwe, The F`,_w :_._I._e Ne a .,:r,:uw: the yz"07 1:TL_:. m sage ,:ns :_].Pn" arse 07r=n: :..Fith _:_toral_::t t -1e ___:,.;c::._ n:. wince :c he ]----:;•e .e:r_r. nanIc_t_.. ,.;_iv--'. lrer -=.t,.~..r.:--± le-;. boure_:r A p' ki.c _ e=u___eu-:] eu in-. PLC 1 Bible. fin` cre local re tL,__: iie-i art e- --'LlcL ',E a u.-eur . t poiAi: tire a;atlxc,Ay to contract I m ___m 1_..:.o to -1 no"non it; W pecan of : v raw. w .:_.u,_ ME w_rl, -:e L'_put neut. 1::: P7 _alawi .,11c,,Ale __,:r:. an: Ilse _.._el:::i•n ' s. ut==-LUG:.. .r-'- ,_tr. :1 _:t v.'h _ reirmburse9 ti =f':.] n - the F,-::. .:1ife 1:31ed or r r. -ed and ru l _=r,--_ne_-, _ t'_ a pc.=r- I :Lt a„ P@rM3R@LLr F'LY:Ii.: F:ul. b, ~r ti rL L~~.lir;thor, =`,-L _]_e:itL___ X11 area rece ure :s:.=:.ut ;_.:s.r-;s .I1::]Lbe ,'iec_i::re:. for a --.t _-.:A2 -V... public park ani :_:L:.s.u ..:e r, , _ he reuOVatt;•lans, and eNce-uo, of lea. ] - =emv ~ee ecr 1100- of the r.;-i-u '..L:;1:. Tee _ ;_l . .d]ife W4 Lw ie ainzi all be de___. _.'i t : , }.;a:.;:_1 s_:-:ati_::,.t®e far thRterms of ]lnlriple-F'wtr . s.e FL jert 1'.,.1L- ,u t= =ct:. the _e.- _ _L(:o] mooted ' ..~L _ _....%I:pe:', s w s,th. . . - :t:;e:. :e<sea::: s, any be lL__!:le __;n r...l..,_u:e nwZ be :en -s.__ t,, r-Ln th..._ public The :]..u,..:. .La_L:ie .1 :is_+~.t-:::1 p;a ;nd _ r=a=ys :e ,,..tl,.w the ,1=eva tlr.e ja tL_ anu nd e,} niu each ]::p,~.._ I-;: A rale_ t mid , _ ::r a r,-: L., L:d --semis _ -:-s _ i nxtAi}_ } 1-,c. L_ e: me QA'_ fax a t:15valaart : - :ie'_.,: u, I, ec_ :as r-j _r _c s; the 3„ Fps ojerr F'ropook I. L.L : , L.__=etrt the Ven .:s :,e ]:._LLt : f:: ll a ( - t Di ; .d o n new."h :.,.I pail .=11 . ]..L":.'. ~ ,-:u . s e s, s - f~: ' - an : 1' ] prerog7tr in : i-.' -I ' 7r, of ol-t i in i ] =_i L,i, 1. ;Yjaci can be ~Vne ii e._t = "I c=r. _L- dedlas A a: K M7 l: :.c.l.._.i on :;_:a .•r - - Dgmeut vo_l.. -1 I::r: rec.,ati :r ar:a M:_:_: :.:_:i :•r le .-l.opur.eut wool-, 'A :.:f: }acs. _'LCiJifieS. sp L li.." .1 MZ ^I: I.L:=t of _over`tmeut. at yet-er-..1 rrc•u-cenngguou. ;_r_<: F :._'I__:'. 331]7_.: man PCK.e :ile__L._I1~91e reclea'tion b_.:__:. a: e lW.___rneuts,' of it, Aprojec- ;,r1.:._ F_. e::aBs;:_e '1', r_r ylr,rtld e=' I c:. t :.t , c sL ..:_a:I =1 cu:c I mi lrr al:..= I,; s.;.:r se:rs, euef::. ! -.n h m. I -.-in Us i,: MWe VVIAE to PM):_ Of 1, :_ss a re::_rrLm Own as,!, .-e:,:,ii .the facilr. m .c::.t t::: _r: 110'u- A :,.t: i Iua_:.3e: ---e a:__, -rr vmi a ml ,.,Water r -,m D A--:ru. '1: E-1. ;t fuII,. da z..:: e the natiua and a::-.e.-it Of E -'e_:el rue t: I=1--07 he le-el:YM'e::t of certain, ' 11.e:. the r I: of -.he proposed re~,:ears•1asa. re : t- a -_-f nd =ilits e3 by the public r _ ~r_.. ar;i ix .n Land : uye of an are-. -.r.,tsu,:v ir.,ur tJr rr ~^e>JrL?:, r:j ec: - C __bhed: Inclrrd.es, ncqussinDuand. de9.-elcpur tl -rrr_a r-he erns._.:t _.r] _e. 1n: t;•tt~~ a:.: be ;I.t:=rte:l :.__er :T r:d The C_::~: Curio . Ontreacl7 Firs rau,:. Fr:~ .i_-_r~t;:~. r1J:.•:'._ul ::_.l7e ri 'n n;;L e.1 ' .s. _-tns. , :r,ie: Train r - _ . _s, =n: - nmfooXcfit ar?aur_ . i~u as E au ni:._ a . i .rat, t _ ;1: , ;.tc:. r an i 2, : _ -_=e u!t r i 1, ]a = is l; - -:nwe ,.te r L. ' r ] .=r 1 p:r~.Lr :e E, F :_:cs;:._ _ :.rl. Le:_1e nynznl~ .i_tul:car ::e:re ncn :r::1 funds avit_ ---A hvd-:..:_ ptc: -L 1. The : are.;,. ~ L7] :37i ❑,'e "e ,l ' I1_: Man C7 .11:;1.1: Atl{a}u is the desenbe any surla. I -r. -II 1 1: 1,., c1, . =s L = 1s, _..=ue fs ee nl _ us =~x° or a arL. !']i al'"eLEr.., These CIE r J' l~ fr ~ I' f 1 V ~ .li rF I Ir, ~l r . ~ • ~ ~ f s rL E _ •I`.l ~ r t ~ ~ ,I rl ,o t` ' fi, , . ~ ~ . r ti~i` ` ~ it • r` r 7=u Lot Mlcih mn F'r_,rrnm Nhw-l C1UL?l LF_ a40?. , I: ut`r ii u l Iuu r e, F::•r - r : 'L ,a= apare A Cnl . ._ie VV P _ r-_Ile•. a ' , • _.r : .au_ 1_i:i 700 a pa€aec 1. F; ike 1 pnyoui }rc, a I: e tar adec_u e n jt under the d --wn, in ap•tem' rt,_ ,i:i the p _ :ie:: , e:. :jdU to 7W AY 53 IAA. 64_ -i11 not _..Y.Y: 13. Lea AA of PUVZL m ; kvxd l-1prl;, :'L`'-== a}; r.: II r f As 1 :pelt-. con le - ]l.eaas: or :.1..-.:::1 ul. a-L 3- -=LaL: te•_: _C.:1._. L ,•i-L 7 il__'_?-Lx~= uxu-= be 'e t. m er.-i for state - ~ t,c. f, al by"ernmi iu - - } : Ire the . =ri "itch. A. _::epe•:r. Oat it p fc] arL'--'{r }•:=:a a .u::___u xnd .___nwe An •a,:u :r _ ein-11 Qe - :r: 1'e7:1.1 a]' • i]]:e_ =-.t, of ce.niu l ir_L .:I:] lrtl LlV_,1inv r 1 _ e ire: u•:-._f:.._:_:L_;,.]'.Ilwe__-r engilhe to aeliratlr n it h3ne t:_:h. .&e_.: rece e =1 . i mace L== L ,_L-_=: u' .1a r fie x. a ur::: me I'. r _e - _ ::i_ .,Lrn ,-c- iaa t~l . _ee 1- ill L :.r . u rl, itil 1 . _n..:r _,ra 1, :li)r.I:i di .Y...: 11.e : _ (nEE a. d.. e.l ..L.i:__ L}~: I _..1 L__: c'_ f1 :]L'Ll. tha~ t?_- .cCr' r, Ia•_e•:. I]i e =':r.~ r'.lth. - mcwc c ter - _ L = 4,lic to .m:_ - Ae .,]De.--'. dJta~. eI.](:~❑ l,_rL ±ar.etal.l~ I- .._:al I:e:i. U In :1A 117. the ope_, r_ u__ L oe - "l.':_ ..::,:L=,_'. a -n:_t mei in die meal -__:ni o !V10 1113 the F`L: e: r L e 11: t pe : -._c r ail~l~t • i Iur r hi a] use ~eaI.: c] rt.. -protect tl palbhc tereet ha` `:•C-u to :'eLi.rrc 1:Ill" we,: 1L11::e oaf iin r ]e-. e ]cu1 Lit atthe d civetiaurefthe the i__. _=::1 mimha-_ do Tent if -e_ru 10 the p._._'.r,mi of _:?l: apeew_i is _I]:_-.d]:_g .rl _.1:._: Of B. -13t}peltLea yubaec= nch as Lu =LA, _ight, tha if t-.-_e_ i-=:i n] 1_ _i..; l 11r_e =,,ith. the d•~cauxle t I,=~r1iI-il:-. ii.:.-;:e rl,i .-i= ] ~se~: EL the 1 nu i :-1, ..e Of the ale L _s 1 :ti,aaxyal:.. is to be operatedl: ' nhe 1e: 11.._: :c:le pups :es be ,.eei -alibi _ 1 I u.. The in i r;. itl I, r r d.l.". 1 it: a 710 L :c I: -tae dDc,.LrLiealt shoO[d, reui e that the area be i_c= 1 .lt.i:r _ -,utaLUEdiu -_'-n 1--eu--. nion of ~ a lr~ t is=1•. :11~,ed and tape r .i paLt:l:• Lt re~.:ic~v. _reei the Ropy in ill :.i Iitesa.tLue In u drat the I e _c__]:-_f__ i as such :c e icr =K V i. the public: a _L om'. rla Awn _ ~ . e 1 n r: .:1 il, 'ra1i- - 6i le .ea a. 1 _ rr I _ , _ L Rgan d,d .-Y=AQ nt e t. AxQ Any r~1 'be m~"a , aI_.: K ri,=: t-i tL-'.in the tinz open to the nv±d r u An L r men ay being I i f: t, ::l p,•ab]ic in %c - -1:: v. Its, I_ tuue r =1 .,.r u1 1, u • ] I n a 1 _.=y M IC D _ tli _-:r apse: An rl,_ ..._:Llrr we E' lae Ina r I ] I:~r ed L~}° tl.~ a .1 u} _t.t. a , imflaa rre._L:.'....L .11_e:_'. :7' .Y. .;:_i:_ . L,_ e:._{-_7.._ is I n: e E the Public = cc,a: u1;. =c.. WK on r_fc;•rr run=,i=dc=- . n t},e p: .;;:L lt:, on ME D 0= a a,1:.L ion: 1 1E Do cl c r .u :.Ii,DuI1 ',i:a -1n .-J_ . i r _,rnr 1 e aVdth c ~1.a1 ri. the re. I]; r 1 _rri Al rail 1 =Llrr. le_ Iir.:e •.-I of the the _ t•.iI F . _r '--.a-- I it cn _:i-. v'rit1] i. L nl__r.-L .;_A th-7 R } li ;:ac v a _L _ e . ui n l _ pt11:w: q vatunem upon _ o_:1L1_:_;i•at7.0ta crf the rP•?,al + Ill: are : 1: y th.e ? T E.i n1L7 Public Liu t In .'Q1 hAg 141x, cries„ p n. many a. .°.1L1 the a l m - I, _ z We e _ _ j Y r a _a land lip ar WAVY ' '..nvin 1 hz_.:~; v..: E:i., Cr a: ~~1- f: ~i~. - daratrrll of a gate t_1 1u=-- _L, ::k be:__r ._Ll, be - r i r, ~f ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ E` r -r.~T' Lug: F'~,rL c=.es.u ~s F`r=,~.-r~u=: 7Ja~ual [ H_~~'~F_ ^J~;.B r J' l~ fr ' I` f I V ~ .li rF I Ir, ~l r . ~ i i f s rr ! ~ r E ~ ~ I :f t` ' fi, , ~ ~ . r ~i: ` ! !I • L` r -ts,: L" ,H='rrL'_. =npmus= NAM:nl }i~-'7 F_Nc 1:=+ T-I~ITIt-tN a RITEFRI_-k i I•,IK7:f_i•:tlul:iriau ,.v:L..r.._liOfla7xdSarl:_r..;_.. ? AeguiAM c,fS't[LLCq re:, . hne:.':..L,. ±01n; now nna: or adatr._:c: t:' h .de :.:rl_-_1=n d --=-1--'.:_d:_,u_,. ...:_._Ir, A me be nl,e ^..a r ii ar --e, hew and :_i a yLi_= nk fi=r_ _m.;l::n L r__ e vit=e: hi ire. Iedi L .=,•ri ':u Egli fcr o- (1)-o _,olir . -1_:d are .ul. le. tide or b~~' t.- Ile dk:_:cLi Le:: :1 • . _ .'Li L7r,e,i rrx the .::f er l _ . er 11 =1r . 7 e me ha - __n : (me L.,...,ap,e: v for 7r7n.;a'_.: L f ton V ac .,.I..r.._::.:_::.r .L 1L='" a..l,.'CImce L=hlde:, ari but are not lbiii:ea _.e o u- U Ac X1!7:Lr1a n. ._C Y, f --:xd - I_:d v at2r e•, A. age=r f_,: _r;- a ea rihw temm . i';1..e_ w a txw xrei 1 wrwonAV t::::lia=e: ?7a".v.°__~ a__':_ :r. _u',. :at ni-- l-' 1:_:': en:_:.er u..:::-.m, tr:nr..ter. ~ y _i:- .:r anndi:•:q iene;_t._:: qpwnw.r.._:. tl,_ t .1 ::16a¢a. F'e;'arl-yi±rwrr 2D d F;:ightcNnt AcgAred® Feyer0.ations : '-P'- I. admeuta to p mh h, . -er-- Md C q: r .:!Er-: are c.~ly Lf it is T3' ~i .:T 27.E C•: :.7 _Y~ t6x','7Lt7~e de _.1ill_: :I rl'n: 'Cl The :,,'a.'.,:-:3 , =.:ea: t17ar pm%i ti .vial r?cr~atLC:_ } _1-.,ni I ."!.rwh. 1L. .;--an .__u:l ui 1.. ' C60: as 1 ."Dhi "vedar7.ds„ open space, ,_:d .L -_l;: to i ] rl' -n ,he yem xx AQVTYI~ 02 T'L 7~ l.. "ll . . -w;.ion a..U.-. a: .;:.d ;To a es amd c•LIntaMng :c Am areas - a-: r: :ua _ the: ce vA retie e::t:w_. en_. rl Anted rludilx? axe.;. c:f c; k:i rra .::d. 1 :al, - _il]I~a are.,: 1: _.e a7er:= rrxufr cps-- l: li ::•r I - `ari an ,7::E to tl7.e e:.t a~: r r_-_ 0. _ tui.:~ri u fi r !ela , w l !e ~2 pLLLent ,-.'1 !lt (:•f _ a]?, ' , li. t l:~a ~?rl~'tls 1._ I :.ired 4r' !C :E 71: E Le.n:i L_ in axrear for da,--ll:? xxei I, L-I and, tot c't: rle : - ii cent to at the SCE -101 pl..-;- .771 3 c--Aw.petit v e ` _ - -r - Fans 6 _1.,:'_: LLL.e::r. tl, = _='r,: O ..:1 geu Q :ins P00: aciL:le.. ,'e - . w L- _-ea7.e .:11z= 1}7arbla:' r?c:e r.:___ Lt.:}._•:e: ;,.ii_& r,_ i np _I Of .7_ Ill:-: L i "r_:_._- _C "mica U Ia_:__l_:_ _.,.L2.': ~ - - Z-- -rrt. F. L;rv--..-:-1 ar°e . - n :art oo Mow t -:r.:e: u =::L i•_n e. , [ am am :".,r--n' on ce arx.dre2'a:ea u. pit 7::2 _ni_ i .n,:::- ie facili.tiu. the : A - I _r_cl u1 _.tm..e L I: DV _ J.n_cl: .p-. Ii',.;7'_ :;2 _ _]:nma7mnn Ili. PrU n n.:E::L =n _,_.=772e_Ty d'` v.c tilt =-,_:_:i }Aic ame:.::, e.'.d. F: _i:'_:.;7n2-:'.'-=--=-r_:r.,I.L,_.:_.:_ mL::_:.-_,:.. perx7rarr?7x* re ::c a ,hw F I _ be I fc] x71 L- -__ax1 m'o '.real'y H. _ ed:._,atLi°"_: a 7 . f p L,r1_:: r u1,;,:- be 1n -_-E Ina = _ a the _ - 1, •ar : al] i77.c2x!,d,e c Din $red a on y if Flo Imid }n _.i ~ I ed. the .u-inf. -Itia:riL the ° 1 ;=}21:.;.1•:Lx: pla ed, n a:Mf'E:I Le =.r p. 1 1 -1e L.-.-1-'h U SS. 1; 1r. irr___- : e i 'r'Orr of the Property is nuess217. a„ t nitre 00"d. N,eaS aQ fired May serve a vide -,`-.-I,,; f. _:-:t:. l] be den4oped and. L'Fhen ytich, V-a7 ter: .f : r biI to.. ;I el:'_:LYrI'':t :i1l~ccxr7. ,•.IlC IL.. t dr7 Ll _ _ _ _ _ .0.117 . _:i if arry, non r,lecreation user. mill _?..^antLnvied P:7••n, =.x.. ls.::_r,._.e.a :.dxli=• an--. :...r :I ilLe p-::-,xt and when, nucLx €r~,lxrecr :i•_n i7-.es will be Q! ;I_:e q•°pe f p _ :e.:L. .i•::•Ir *"*us that OR be r i r, ~f r . ~ i ~ f s cr E _ ~ r E ~ ~ <f s t` ' fi, , i ~ . ~ ~i` ` ~ ,Jf L` r ter: Lc,cil F'i,rl: =i:iuv. Yr:rnna X1:1au:il J3~~'~Eta' i'~•f ,.t.t11i ir•:1r Frc c .;1LU e:. ......_.1..., .,.•L;:. rln l::s=earn cstraisition Whi.rbNI'il Not BeA-,,.tµ1, a_,si to u f 1]•:•,, a1.:Lri ,.1 _,..i,'- an,-,. pr,ocedrire. : hi& :ei rar itila f ..=c1sites an ties RU'. a l': de - r l :I tba-. the a af c] al,-i rhl-. tlr.e an -lri:. em al.i•:: _ a°e:µrattL•e -A as of F-'=_I calling, f i r_: :Cal' to 01' a]?al ]Yi:a rr,,.Sel r. 3,17 V. u ac-.Lrn _ :•:ils F' _.:ra_ - - Jr f.=a all:._:_tn-.itrs..: i`:.]ltal (.4)# F egiu ti r1 of ind sites to be med f41 Ill..: r • l Pri .Lil, _ ,.cheoioEicaleL _ : LU iti ar s'f helm g4 t a llu::_CLY_ 2te SlZP _~^Lll LJ2Z_t.. s '.'t.l)}---._:ei l•:.Mt= -_a L-- 1 Lti L s ,will aict.~ =L` e 1. _ l~...':.L..raalce.. L7, - quisitioar of :a. also:_ 'L s-u=c. to be it ed, 1 al-__'.' foal: :,C :1 - arr l e ` .._C Ilarts Ould, E. AIcquiMtlol1 of areas and, facilltic-, -,g be used solely for game refia- e: Es1] prO&ICtio l v Hmvever, auch, n, - b e] 7'i.:] L..__:~. 71. be open to the 1 1:1i: f:: eile: :ruF I e r.::_l:. :L If tlrev direc-fly er:eF 1i,: ic r9;_:earc:_:aseer " _ l _ _ L_ 'Al" e :e• to be rlaed to LL_-rcias C'-:. L`!-.: ill. .:'?.:.1':•d.d Ll:,. ~ -.::_ni.in:~:'- ite. Lc•~rtaiiu~ 111:a ::i. - l JAI :i a.' _s.b zte fi lli:ie. 1 be F - ri.z,=. 1 c:r cl a r. _ the H Li rLLr laar. p_:L11 r.ilu fa a° '.iltllral L I ,,arr~L tae l' ar. p r S ref r_:e a n.:.-. neati.rnal. u.:e. Is. as an arses. Ulp Ll .:led 31 ee : aLa i to sei-ve a.: nine public upply. :t. Ll-.nd® alseai,- uur. -de public daa aii ivh1 ch wen ELt] --"red, plat-e:i, rrraMaged or acquired For park- and. S. T_ nif ral F_J ,C,Qriou -iLlcl L _ l gllk-l[Lull.. r nisitiorffs R t1r _ -a i L-Li:: _.e 121 7 1.;: tlr.e arL_..._:- e_. ;µrty i- , L1F' : r 'of 1'7-i.. 'r.. :1.. I eh er I. ::L1s l r P7- t : 1 4 r a_ . IN. r Jl~ fr ' f' f 1 V ~ .li rF i r, ~f r . ~ • i i f s rr J _•~`.l ~ r E ~ ~ << ,f t` ' fi, , . i ~ . ~ ~i: ` v ,Jf • r` r -rsi : Ln: i-'rrl: r:m F'r_-=ra¢.: 7J:a;~o:al l }is?TE F 5 a' _ DEVELOPMENT i RJIERIA 1. Quord FL nci nce a , = W A -1- of Ly. t,. -aim Q fie b . - pc hxulfac na e. :r ::.r x:._?ai r.cv: .,a r.. e; amen pE_sa.,_.:r _=h'= tle xen_;_t._:_ K_,- -l }._':1 pqiW"nyy : _ of _anc p::perr :_Lume:- .r.; _ •,_._.me Tanya .:'Id - xec:_;n_::: - - - :_7 le r.i :Lt: lec llet the n i - f' .tineh a vnev L=. A _ in, EL L a =:1 F'.u J Wk }r_ L-:al vvil1 tl:e a: -x d Ok . :.,1. pl _m _,j a ek_r_ Te t _.rkl.e cs I =:i 1aL.d alxll~_._ - e f_ll., _n xre 1lirnnat an nit: g.~s,. - 1°1 =111~~, •u~-~rw==- - - i .~_rtrau c _ , t : =eu= , L -rP leR xm w: t', all other policies. ,cl r unludec: ur.the, Grants l,Yiault:;. 1;1 The 1 ::ite is lil-.E.11 fr: m auotL r gene and P12i,ecr cape. : d=e::p_ • r -ct - s. i:t of we .ut_ _ O- Eute_rt a 21 np of .rt_ :ulp::- umu 0 OR , _,exiod in for 25 - f--,] Most deir_..=A W _ L _ ..:ie t a•_ W...r..,. Al se=:L:.:.',:•ri. ss;:Ai.°.a p=':iec:. :s 10 7e.:rs or nram n a _na :s .u_._::rr fa.illtiea _C-L :H re tL _ ..'_a. alp E.- C. tl;c-e re-:'rti:ed to t11= _ A in nea FWtlle Wa'__. a : r, :_t t -_:e L r 1 zEd we p-'--n :1 Tlls .ease rpa xx u : - it ~n atad of cn=. .r].. cr olln nm --:il:.i:r -,u_.. e: .:.,_1L1.-er A,I L:._a::ei cilitles me. c K;Nl free ton Wn.__d,.;._:ii.. l.rc-r-:r mT- : pl'r.L.U;:'.tto mpaxuglt_.__h.,z: and, be a l_:i:A .u.. .:s:. ]-':C , _ =pli:] in vitic rc: ' t -t:-_, Nu a n=- Luces 5 g: -prat A , _e n on p -i 1 mnns Ai n ..=Awn _ __`r :_ir, Idle --.-:r be -[I:] -1 in the the fa ili=v ..:ar1:-._ • r -euo.: U._ ;nd ,._nh is cle-.. . _me:_r 1_L... }._-I=_. Ilc lie re: i:I c tie: toe i. de. _ rLre::r. at mch •w: 1 :.a'l anc..-. __pe_. o---. . .:'ill be r.__v _:i ;_:uRel ue in ElLSIN Recrr'atim Rcilidn. z: _t=t. •:1 a=de: ho m _•OWI1 :_=Yu I:rU_ r 1M.-. TWO W of d ?ulen pn rje-°t nh m 70--=_r .u.. _ M s__ i-. I_- son t`=.--1. T07 Ims Other° . cr.. e 1 _aM; I _ .li=:• _ ._-e epee hi .,_=pe d L.i..a_ l _-ri::. 5 a ren: _',:•rL zrncen :11 :--nbr ba.?. :e. -,-..'Cl 3 t1'.•Yti.ei. e:., -L -__e ; _r is only: of the ,.1,:.•:.t. pool:: : ~ t n A t_ IV CC?xUWq aWn_l. Singe . r,. .e-- aie i-.. u-LL; z n a~1 other -ee 3., DeATu t_ a inert a Plans for the de . e rtle_=t of land 64G - L. and ` A.'1, anal -ilrti ._:,r I i lie base] c:_= the -e= ] af th.e puMi-. the _i we :__l ..a --ae :d _I,..;:e::t_7 of tl:e ]:.:_tec- 3 PAN: F.-::_:-: e: hx,_I_:.1n: 1=3 1 ' r.;::L tt_c_ 1•.:; _ 1:.. s• td He., _ & :-ep. t:_e:. evv in d ==...L. i. x4foantl' _•e::_r..lt- be zonz:"t ush e:::l.:s=esr. M v Ili::a-e: - < < io-- he =mp:, l,,e_rt `r: Llrtr },•_-ul . be 131, L.eat t C. -rails. Whim- - .e l--.--1 =asst au, of ,':e :Jr'' :,:_Looks .:.I LI'; t-_1 .I,:ttlc: _ ._r.ne : t . the ___;_.rh ns, f9.t._s:. as _:.:....r. the -r-. 1 .:.e'.'- c -n bo=:-'hn I,'_r.ebu 1 t s-=cd e = = eu - - of 3el:.e.l i._.- 1:11. 1-1..:7:1711 ~.:Ue:. _i r.._ It •`:.._r,:~. an tr.-.] e :t:•.;ti 1.1.1 `,t in, the ; r_ Ued !E Tercaz : i ulm__- - _ r s- LAMA, . ,hr*, rlg Wches =:el.....nnn"i_ 5: F ~.tl,a.i•:, LMder the PON, - --r. of Ls : _ -1]-1- pod. l . F •cls, Lt r-1 ccrdit3 n Amck 9102. Texas to en.. ~t,. :l then sImiihax Ek -ies. 4°57. -.s.r art-': -.re rica :s n-ak Lraablities Act of 100§7 IG1-1Q. ,g uer-:.Lip au ii C uun ,::1 of Pi a. ec°t Lauds. :k, Fee _ ups e Iirl nc_ E-selnents. F __.a 3 nay be de xd u_, i er ,.,-ned in fee s le title b tlxe AT 02;0 r J' l~ fr ' f' f 1 V ~ .`i rF , sr • ~f r ° I ] ] f s rr E ~ r E ~ ~ << <f s t` ' fi: , ° 1~ . ~ tir i: ` ~ rf r` r - F. ; F.:__].-.e: In_L: ia::= n._ AT S'. beaun-. :-iihhg. :=n vnz . hnn . m - :ri. __ar and m3dsv -rnn- aan . _Lip i f K . an! _sr { r r _ :re:i MAW rZ:. « - r. -u ai 'filar :e. L:e .3C,... ti3: L1.1ion;w,:.;_ tl _._1ec.spye or are :•av Soive t::l,i__g :l_ r:iv bon r. __t : 1_::..t omonge. .e=..:le p,.:_pem Mr Iran a::. ni = l • . ,_t.n_ Kea: in _ r:_edto be { :e, r:cl r nr:. uic r :r ei :ae it yi i.1.- ehn_I k r= ,coii Mies teed _ ele v to ~0 r e AV . u::: 1::W{ I i1 ct1xer ,ice tla.e If i r: ua n i ea r. ii Seam -,o-. be i_.:u_e_: boativa t;__:.:t._: hownwL a w :ulv be e• av& a Z02. r:: rcr:i:a f:r a Mined n1.L--'zea° of :_m._.__re rrn_:,ia7.: _ 1t CeIT.;-' special Eve-it: W z 'r:::as-e been i E d de -:I dA u=11 ina - - BrarF,aa- Prom_: {tot- Ft:_'ri .aaia.. J. .~-Adair.;.u _ L. In :n ld prte. a :c ii, - per_rue=e_ f 1 e t :a" bind - ::l I = i:u • cn iyt win1 _;e= e:: of ~:---r r: ;'._:ted M be: ?fie. .daiAUP ai-i. :aa.: ti -ue : -::Kw_ ie:.r----- i:.rall:e AS nOta -:C3 firilrz_.. . ._:r~: nal n1 u ,.tila, k;,~.,.~_: hfe,.+'_- n i ty.. ,;-e. nor gardens ln~.:_a i. bons. evr.e:7 n:e-: F. m:nl F:;=:---:_e: Iai....aui_ nay:1accn K F_ nc r i = -::...r.e: lushadiv _ .,.i: , .im :fir ~.:_,L.:::I,,. .•f :t'.AalAt.P, -..I:: 7a. _C _u,:ei•. ::.I:il,ir. .,_..1.:._ r llizilae., 1 i -1 ,1- rte v_ : f .:u1;: i le~-n `r.Ilir. :r we A de"i I 1 __:i `-w- is - la gene-.-d are i uai;:,•u _ -,nn:. Le•_ r±K i. - be easAV I_r_ .1- t,; _l _:.=-_;t_1 -_:ii -r:.1:: f_: ,.r fie,:: veer - --_a.rl; M 1-.: _ - --3 -i, e. wau-_,rrl--:t. ..li._.1o ;.i.ui: not ellfie _t1e =0 an! xNmyNxw tell= 1:1e. :':i'- u.:c:]__].; .',:•n n ;..re o: dry I t- u1 _..;•a1CE! G, --s.r.=.. I:,:lururl= rxr::rrmcnen. u::`?,.- .Al, ]L., Yi. --1=: rLyed F ' - p: L tlve = a i • r_.: ,f i.L1i.. .a-:;•_ fa=ilrri a :"1A1-:.. or e i r_ng ezi n L°•----r per- :et fir -._:e by d3 ee r -2i H. t..la_::it =-.alai-:. IAA1orlizi= : kits .eti•e rev_ tr_n Acnne; to W e::;l.:ive.° t&ha " _iai.i_: .:_-t p - Ae f:,: the :•rl rr ]a;,: ,n: , pe., ari not eli it-de in ime l r t:_a1 of ri; a.:_ re:'_ a_e: .r' nweancn, ar...nabl- e -'a:Aeral pubhe a, -r- 1:a a mu .i,:,ii area (:r :n :r mL:--7~i • : .ni ndui s _:a:.. n La =17the I iw.eral u .=all 1 ...i.:..,.r_ r.1._:1 _ ..er.: '--a1~. r_..: - -----r •---iar ..I T,1_. - .;:.-.r F.i:,},fi I=::? rlie it.1 a1 : _,a _iii.i_. _ i0a m:,. wl non . _ inn yd _t -u-. :_:I 3: n .t.sa. --,1_=. I. r;uh. A3 i.n _::uia: L_..,:rr:, enhl._ -_:d :rrup - - ± e: _MN: 10001 u L T_ recreati -a Vwe r = r„• is_lui g f, : rk aid re.hi i=n Mthjo~ -?e.-n. e€r-.i.=r:_nr:. In c illbefillde• A _.=1i - ~,..:_.ki-:...~_ _~.t._,i:..::lr_•.•.:=_:e.._._,r-=:.. Kid _-:.s tl7.e_ : ~xF- rezy,, G,ri1z _;:al.,brat am :ne?iilk f•::: 1ion-n.r_...__.1.._ _a.;l;._.. Un :fie. ::ui___. of n::-_1? e 3 WIT the 11 Uhe a;.e .a- :i are. aix' s_ Guidelines for Eli. die ~`rr;purrFarilirn a QKS. A. Public Use Fi e=.. 1-,. li. _ur' 1: cr- r a i ,d, by he N f::: r •t:.: r : _ :i r..... _ rig::. o.: vas.-. :.li,e_:_.:. _icni W wevi by pKiNq i'orf ar coven ___:',.ai.:;._:li ]a an i.ll:. an le-.f.en an not. all Ali-:'=1a. rN r i sr • ~i r . ~ ] i f s rL E _•i`.i ~ r E ~ ~ << ,i ,a t` ' fi, , ~ ~ . ~ ~i` ` ~ ,yf L` r =t,,: L c,] 2' rl_ =r:,ur. Yr-f:uc: 7J:,_u:,l CHt '7z F:ta d B. (Donation. Kid _ "ai ni__n 7arAw% Ea:crliAS or E:i ._:maut requiz :3 nd ie:- the {a r;:•l i. =I ul:;:.,t _]1. m? th,._ .e:]'ea= AC ±7 1-:.tA QlY'. .rl --_C. a. :e]-:i-:. a e: e..q-.e.,i,::: Ma :eLial _.yz : an... .L.,..L-:. 7:L:-3:: _ -•C -.ealtli _ el:,i :X31 7E CL_.:: 1L11 ?t. _ )t: CY. re 'n];:I,.u:. =_-r be _pt_-"_1= fcc. dim r..:_ Rozynal -L We _ ut__=,-.uce har]iae'. an _u _ :rc ._._d'le. ^~,G: e:t :.l--^w ~]'eei M . L _ - - - Ii. F:_l : i n to :j~: _ Lgma] Dom'1 , noe: t in irxcl.a.;ie ,u.. .,::1 .e:le;.l:e, allini 71: 1." the :•L 1-.- .•:•n l' °.;.l_. el:•pe: L_:re,.--1:.: r.. : rLl,rr ..:a. rua aen..;.._- no mope i f-_..:r.e:,.t:.I t: ea'.,.:La 1 ~F: ~:'.W._ _ :ee for .=,L.7, s . .nc of ?Il L i L-.e iL=c re, ni_e an rlie c:n eL ._:2 L i:.: 0. t q =e= 67. 1. E a,; e r a_L t.:_. Z ._cu .ail . ai•e nci eli TNe,. ree t n. -.0.11 e _ r: _ _ ; r_~_ L _.e _1.pw.__cunu t on: fie L B. ..-:i.: :i•... -1w 1 _ i. d dm' =6:eet.:n re:::: 1:.:=MM MA=:red : i_ 1. -;,C-: Y :r M_n ame, ;-L-.. =1i e :i t1,i is of r' _.:,-•r r-,_n e auce iec__m _ hidin he .1e : I od dki . 1 ,.=-.il,_e 1 :ru il. = tlre n r _ ie adegu e pe_.:,. " "t_Lne I_: rl I irr r r L= e r ecru __t 1 _,._e a inure r= LAVE : VLJ-, i .::l, ±x d" _ n 1 rc"'--. LU nn= s eli.:L:,.wnr: t e .I_:::-.,_ ou L_,.r_.?t.--- :,:es: re=::eatl-..:'r>Ilrn-: --'-1 a_ :a.:_ai _ lim tune ,'IYi'=-- have been a qe n t,H.._ ._i: ern: tl, _._e1Li. & ..me i- --i.-_ Y. A - -1....:?>_u_:a i the . ii mv: me . -t re Lel t.: cl ,L . c. ovW no i , : nue:q the }::=rim moniK -i11 V refi:"V-'.. 1 i - i__d rer ti_=: Of , i o_ -i- lakes _ ba Lis; and _ : , __e a .ark to uli.tig, to ne ative I. Zue- • Cou . iii: '1 _m ..r er~-.- a _ W.• XUE=31i of all -idle an ir.. _ac e: -L a e.._i1._e :.•_r. i:'.- Tin i_:= .tees for iMdlP-_:: ha n l _=_zed t . Q uoKj~ _ 1 -L xrer: , cc. .u- . tip. -:re ; =L rh_: z:_ iea 12_ ;u; . ha dm euE au _ the ,.In,_ i=n F, li n yer_. : i t::epKat.:n .-n now re ten.: e.::l :rhe: use:17 0:::an: dizgn 0.1_:::-_.. arii now 1 ra_f 3- aal niaw 1al-:. L. a_.._irm-._. Pena .,.Pnn 105A ---u ---_IZ = _1 _ A n& .uf_i:.nl.:rAe zu, -j:- i t= k__ar_ a li. ~:e If pe e.ru ,nr n i-il _e tli:.= lie 1•_ _ , 1:. _,,.Li of in ehZlk .1&-- .-:1~.= li._ d a M Ai_ ; -.,.r Hu,__" ; :u-_•_rll.:.. n-:. Lt- it .-i-er. u=:, an! :_n .Lt r_:1ded prtr_u:_. f-:1 rdocL po,,,=r rre_:,;t.:::_r.i.e. req'rri:ed f_1 11= _:n.cr:..---:_t e: i:__ _ _r W0-:A.. er e:L_I ef' i•_ie:Lt r., Al. n: Ira 'oi h to en:l one Ond and ;r.', ei C :?L-. cn o _E-,. 1 1ai•_ cL_, J. - n e_ : r be placed dude= cmad. ar =1. e r•r L e.".4 e__ pir-,.aut faLndy ? _t= __.-,r :si .__e b nrtdahl Of d W L- _ n, nn be u:. d --i F.:t_..n-:.d je.-_n .:enice: or for ales. }.-l. ne e---'M prOP•ar11 a.::.. a::Cc. Ltil:,_eRarcl:•u-. c= .-i" cry.:- F;,;:ilir Lcz'icic,u _ _ e]:•p eazt:: r',:.:- . _.cr ke--: t=: E - F, , q7 -rt fi-iliti _ ,•t wah± _ p =:r r-e= C ha =at 64G3.41 h. e_null ,•r.: _ ue?I_J_t_ L,:..a.e. -1' HIM Hct,: i c, n' r:c: pl,. nd ~ be A. P-Jh.c _':he :J Recs.--.i•:-u are,..: and i.._:..t.e: 1 _n a iL_ ...r- 1: nn Al In ;a= n A ...gort _:L "cr_xt .e•_ we bV the ?ptre:,_. F1-h. .,::d1 . _W.--- t the ]i_Y _L:,-:i:i_.,t1la-the _I,'_•.:l': nnh.i cig Ccui__: an! aru "Einiv an -..._i.:_ V. 1: 1 f.: '_J_E: 3I8 11 e_t = r ,:.e • i y - - - - - an =7 ym7 of LQ" 60 1.,. the ncmZ ar. ;•I oL _n =:1 1: =::::1 hq of he r.~::-rri: it ~__:I :-1-n , ~,.i: 1~~_.rr:: .f .:~.;..nl. F F.Dac_'.. Roads cansuact cr.l .i:.e the boundaraei of the Tin p,cll . VC.. 11 _,f eL'tain rre_: t._n area or park acre e]igiblie fa:: 1:: _ _a: n: -,a n: aS_] Mine. poc]'.. e.- ?C nuac: i:,L LYl'?et.t.,:.i pMnA l We ecn:L; 1:r:=11 e ,et rrur. rxr~lNt i__lr. a ._..e1'... f L:aie t.,_ f crlrt ,71. 1:-e F r i r,~f r . ~ ]f s rr E _•'`.i ~ r E <<,f st` ' fi, , i,f . ~ ~i:` v ,Jfr`,',r C}i 'TER?a, 3 _1_ r sic :.ia:.: - Ibe D. Fur: _c ee Reside )--es and, s1_:....r _S. i11 on- -n the recoad _ ME! i : a la tc= the E. ~r~,n~tcti~al xucArat ~tl of L&,:4ea. Nfotely of LLLxm-v gensnl n:. MW L_ -'.L,e.- F__.te.:::] mid :.r .p:t:N.1 & __v7 be F. Fa:dities for l` o -eli_ 1:1e = e _...r.._. J the ASK :n.__nti} Imipue ku POKY . r .._on :q la acn~yt L.r..nne imaybe LL.de : _ll L; e=.1 i iy fc:1 entehauimaut tot ee:n•m-•r de _ -Ln = de . W - r._::_ of th f alp wli4l1. - -.:1::': t ,t ' do nce c] :-te it•••.'-• :'----1 n , _..::-:e 3- c:=t.. Ii .t,_.::: :rr_:. ::orru and 1 - be „ Maaws .r;r__::: ct . initr:n - al, -...x]i.c .._L1 ie . i,;c_A ::=i:i . i-v 0,s•,, widvaiIt cry. , ' n]. r:.. Coll me Unhwi On and. Convention a h.r_t_: e], n_ ell e .]:•,:•r __.y__. LC _.ed a, he 3ci]i:iei ind vi-:=]r-aw F:,we-: _t. tl]e r_:: r:_:e.t::_]] pyes_-. .,:•ri.:. t I,i:._z. _-:-.,1 L-. na- e_: -0:._e Z I.. Par-s mad Recreation. -_Dt Qt°5 eS 01 the,_r. _::tm rbe in arc oni :the I u .;.a.. Code I ttaeter:.. F_-•. = - ep::_ _1_.e- _e 6 (:.4. :3, ;_-u2dliuN: far Ar.]teB'A t_ c rered 0 ildng F 'iliriv _,u] v2 me ] "O or nn i Imo;, G>:l- - s Tani: Pco- Twar.. lr_: to ==n :p sa. UOt - =11,--]~lPui L:--:-' : -Iles " 5wheir{ _ " _r-.]... wA A;::t.e_eUtell. :1 E WL no Mot 1'~ L; X11.• =c fa:':_:C_. a: , Ll~,.elub:meur ':.iLi;:L t ill N-o( Era a • w--- _:s-,:r 171f61111atL~L° Ceu ae,d "lnnaber~f ' _:~:e .Lt:•.:C ._::r~:; _>u :;r..ie: J.L'_ n_ ::UP _-x _.:___:_e: an -_3dltW:_• 30:ei puli.c 1p„ W me fa: iliti'e•: a"]1i_:.axeu_~:e.._].__ _.-]]:~...r.r-. e xte•_:e,_t__:_ il:.:: n•:•r. "h__-la. Ft: _:_r: L M the 3hS S mve` ' i-_ Rii-ri ~.1 a-~,, if die', ale I ,,aad:. :h::_ the]::.peny p; Oh to . .--.c lei`=,r. _ . ~is cr=.n L _}e imae::r ,}qr.::, :i] ];:or be -L" ed P_::: t]]e in . i : v we , • : 1: e wadi . a:.;•ble 'ea L._ : me:.r n t, L m enio nai fu : ilrn _.::r]] yn-1m:n n:: m_: ::v. !.'r.i_..]:.:n: regarding :.._•..I:] be r Fit - .`:tRran, Me g.7 Ks par 3:.:.:'::c..':"_. POP _:cld Aon an:-1 Qr _a t :iGrl_.::. __,.71::::r____ I,].r_:M ..W r -_:e= t]];.-.. Moo-en be e1i_:!':k _i:•C C ti:.t nce .._rn in, to 1:0 E401 al 1 ~~M. E„ . FD „e T :a Fr -_;•]i':•.- For Fr::•f 111]';L';}t_:.i,.•11:'e1. _•.:i:; 311!_ - _ _tr _ vll.]1 a.. L_, rr.=_m _nt F-Lc;lhe -L_ M12in-°)_i -a - F_t_ : }..:.-1'Leer tow„-, _,,._cn I_ :av k ' MO CIE r r Jl~ fr ~ f' f k V ~ ~`i rF i 1, ~f r . ~ ~ ~ f s rr E _ ~ r E ~ ~ << <f t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf 1` r 7my Lacy] 2'i:rbh mn f`ra-.-enm 10--u-l i FkP TLR `_1 1 LEMER_IA TOR. a= 0_llMUNITY OT-TDOOR. CWTR E - NCH PR i4-rF-A' I PRI)JEC T'S I„ Plart-wo Um T= e.rl..: __di'e We 311-::]::_e- lli:_I:Ii._.".t Li.-,. - ..__to TIM e _ _ . ]__._ln , _.l 1 . ? Ce X 1. .,._"4 11 2 'V•~L CE 0 Sr ± TAEr..t le --'e 11Y,t]al prermgati= e an! _ Ilrt; t i -t-1: :uQ tl.e scrape _u. _I d i] lac as A. -:_h, involves the l ep.:ttue_:t r `i Iditl : r ar..=h.: _ t::.1e_:a-==-eli_ .~~~_.,:~ru:.::•rf~.c:.:r:e;.€.a C, An 1 ci o earl] -I .l` _ that fLie l epamtnxeht` p -i 1135 cr faCditi 3. InvesdPolec.n. A. Outdo or Fd Ll r'.1 rl C~iL,. B. t?u ttloo R.e:rea'ticane C. ~i] tif,~ ` lstlr~ EgrironmejaralE ucadon. D. iltac'ur F~.?rreaRc naI' Fe r' 4 i--.i°.'JM° ft'cm t=►&M _i "nd@S i n P"15M : ELI. r.__::nZ =.I I,-- ,-•re 1= nec: fc:l the 1):;..-:?1i]'., 7(:•CU -_inc-e: _:•.s],c_itim:_': m be,.t,._:i woo m; the oponM; _Wien t: -:i,e p*ect. 7.1 le, °.I.4 rle <.e. FIT 14 _ _ : m FIF r J' l~ fr ' f' f 1 V ~ .`i rF i r, ~f ~ . ~ ] ] f s rr E _ •~`.i ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf • L` r =t`,: Locil c' rl:C:iuv. Pr:.r:im: yJmi39I Ci $Y7EMA rE ER_ L i= ONIFLI_ NC E na=y. ;r__v _ .r n. H. The Texa,- Antiquities de - R~,•i°ae~l.Amgat ?Q 1995 -:r. -ii;~$ _ :1i•re mmende•= 3'1.91-10 42_.S.C.4311 e.. ItQ _r 16, L -Ol FM. 65121. 1 _ 'lr.:tc_R:::_ 3rI1e:r.. Am , •-''---~J'-- = ~:Ka TIE Clean Act„ as amended (42 L..S.C . 7601) (See 91:)--,. ChZPte: !:40.3.3.).. chapni so 53.F..' 1t. lie VI of r:.._:t 3.. T1:o vi 5~~ 12S i. 1314. 1141_, 11 O, 431 ;3 Y _ 4; - arar ) -LL-del _ Oka 11 ~ 14. _`L:_ e=:a-;_ -iii E ancetient of &e i...::!_::r.. of Ch ; to - _t .._e r: Ex tuw__mra] 1970, as amended by IMM _cW_: the :_"utun Q _re:a and u_:; -t _ _ .:r=-----fit Execak.eWe_ 1]" - r 24. 1:+-1j. StandniL, acs :,f .1. 1.1 L E. :a:i: -~,T it m - esu_ :L_ >f.cef I _i s 1 _irctdar y. . andabateme__t v nu 1.::'::nd_._ 1: YOKES: P:at ph: p :_LtG and c_-_tmvn a: t; V r_ _ ,_cepnnce and use of ::ate 6.. The Flo :i _C ; ,:i ::cn =.c of ~ -'1 (1' _Ir -,.EL Se 21 1 -2 14 9 1 p) k4 119 C. Sec. 4001 et. : we chyte_ O 21, Q,'_i.ce : 113i Lie _t aML_ - A_-=t Cimu.:_ A-! 31 ee _ c:._ap°.e_ 57 E:e-°.:.:_7- Wer 11988. F1:,,= l-_at :'ee C'1lapte: Chaptey6 0.53.+. E1 E-"__r_enc? 1986 99- 051 Mon] An Puatectzn and Restoration of Mariine A P L ®`z. - - - Tniea• a Comment 5.stevo, TF'-' ,ee 9„ .:i F'_ :ers Apt of 1963 ~7 L. 910-14}) (1&L,. _ ] .'-'I. _ .:L_ct~~ Vie! _ i•±xx .i:t e and of - amen ie 1 C ] L:n w._ _ _ eut lot of 19-2 (P.L t. .t ante.. _::e._ n ve _s: and, 11. Th =".i n and.Iaa % V t of 1199 L ` = 401 rep l.; :i:•Li be _n 7 ~ula-te : :T t.uue to Wit. aeq j. tire. 1'' E _ r . j, 19'=`( crt of Wetlands ; ee cwpyl 6W 11 7m Fish w o ' ::;llife Coordination A.•:- Sec. It Me EajmgeL l pt---ie f 16 US :1 h:. :t. ae ) ( :honer 060 nd lr;_,t r'•r5d}.&M.). r Jl~ fr ' f' f 1 V ~ .`i rF i ir, ~i r . ~ ] ] f s rr E ~ r E ~ ~ << <f ,a t` ' fi, , ,f . r ii` ` ~ tf • r` r 7myWK MlcRnMF`ro-.-ro=kl:m-fl EMIFO-NNIENTAL CO-NEPLI_ Nf-E [:EPA) GENERAL COMPLIANCE L Eu :ir<IDumEwnt-il a_ 7impli,ance. Fr. _ _ = r_:=n the a:::__:ui_::t the e::"r.:;==-nn i-=-I.a_: _f fele.al aw (1) Leschotion o th,e 11rap se: -':ci n TL:: :e_t_._:: Mand -.,K_d accent -lik a do a bri=t all eIaneuts c: the _;;..t:..memal _::1a_ .::t 1.':•'.' E:'-. M le L,Ma; . rec_ue:rt:]. and hoxx' the P: 31 V2. a~ _ _d. U.& 1:- n= d:mut. 32:_. - = d c - =::1 ; -naI - p= MCOM an ••.l-Je_- r_,.the_. _ t_.. p::i_: .;:e and ..I:x: n _::n_ men; Out! be Qcmw a:"! CoLL___l eIl. _ 1_ ai___;yi_ Y"•' _._i. a.__]i F'.=: .LL thl 10_.]01 T 1 ] - - 'In-e_eune the -d: ad wn - ':f 1 Fir 1E i:e ?.a nti ..,_uh .F _ )i... _lu~_t ._r_ ls; ._:aal i:. ri-.. • :n--.:_txuey foi - - = -.t... and do E : i.;:;.;=. ;_u:. _.t:r_::- F'.eTu es. L ',he :r•.. sumn0p. shcxuld be -,Le IS:rI._A.. 1- " J:: r d,_eateued mr rv u- 1k ia:. of 3 fmnv -__._L:ant rL11LeW `.3_.i.=~ l.L_q.;.e a{ d rep l _e the } .=p r..__ of am . .:cn.. n;i,.,, me :•r ..:r E;r.as:ai_e.:talat :.e..nor QQ, de_.::-. on open -_:a-_. ..ea.;:_i:.. n_;-ant nre.... or by-won Reny =O1L"lblllM. As ,pal: cram ed, tee} p' =it 1, .r t3I t. `u ;._cu. !1 a . _ e, o:_c= Q tc: rro_... e:_~ . reg diu The -:pe., _::ut_:a and ::•1:i :..r: : Q ane-.r :]le ca; ply ,::tla lets, CZQ ,,.x1 ; icr1 , and ±s = zraa : '•.f,-wnL FL: idi and Talan! L .anti a.. -__iy . Eu ir.. uM_~nt7l i Llj rUF. JE_'i.),. r a liu::a r..--u:, area :r:ie_= l 1 -:Lere are, E_~ donus euri ;(:•u. bel:., :u Te:,_ of "n_- . an-r A,;t._,-.uv (C enG ew. t.___ x211 a,Lxd. Me ±T .._.ruentation slroLdd, be included in the F,:q u_:; ; _ 6x: ; .....n: t ct.#=.; r..'--- _7h p, sportNor Mt,.:t .e two We p_e; Angd, a r , l 1:-.: y::. 1 h: ti;at tie p_Lje will. bE located in, a are : h d. - n_ a:: Liu -I_ i P Lei _:at . _e r pct "..,:dl __i , e An EA t nct be X pared if be need far an EIS i YY- aM;a pn ne au.::, ur.,.- be hel. to Mw I, 0_:c vw._l : cone e r. ,p li:iti• ana _:ial::u :la_: ar:t b -:-rl,ble -ud C nleg Pte.; _aa r ..t.en of 1 1 li•_ c ' lue_ s ruun be i .n.. 1 tli the appi_: rlau for f u . _pe ar_ MA r:: be t . , u; EA to 1 __mn , ni:ta;xce. al. =--a ,•1._'_err: _a•=n =1 t of the and c c__r_::_me .,e.:=] an EIS is ;uee'_.ei. _.a3i--eui:::...I_.__•n: - : to the IE_ ] e _ er . - a.; e lilpe ct . ,c .,..i ':,e of r: _at.:, f.; _ 7 l.diu. or xx;etlad area - 1.i: r be InnnWed. all unK die .-v el . ' .I be i=.=n (uzu;n'be of t =uj _ _ .r-:- an._ u't:pact:~ Oftl . t _ 'ect . E removed, cubic var . t--- ' be (1) Do roe m t xeQNiue or =cr projects, xxrith qt ri_m on the ]m t : u_ MW; _:::.r .....i;--- he q::,li_mEanal. my r eqOin hm be : n:.'_:: ] that .__e (I Ie. xe. : _ rAeu 70 ixxi Lm hax to live-_ .ud : -:u'aurureut m 1 V --i::.-; r.: A M& An F -A pi pie=1'. .=:-.1 z, i~ natural and be_n=c_: -lto ld cover the sr - c. _.dplau~ al::.e i x~k' ~ _ r I Ir, ~1 r . i . • c . ] f s rr E _•1`.i ~ r E ~ 1 ,I ,1 t` ' fi, , . ' . r ~i` ` ~ 11. 1` r` -r.2c Lu:~] 2'~.r_;=.e'~ut•. F'r=.:rr;IC,: 7J:aeurJ [H_~~'~F-^-~~. 1 e:tisn: mad lccatious cousLdePed in the of 311,= 2 :-_al. fosclao'Ce event of e 1 ; of the praje.t De ax en- : L the =ti a, l . • -..msrwei 0: all state, federal., and Wa - :.zancles and persons :r]i:tl- sti. ui.;_ LLev: v~ the c~a~d larll _ ] wea as it ap_='__ t = L 71ect. (l °I.t.'d.i_inen i.id :a,.md bia:.. TO p'-! : :A.Id be ( E' : -gw-- V --=-1..; _ __e itrr . - - ':'•:xls _ i-- the giztst application. ects:r:. CU .rcr,:; .r ::i~711 ale S e i_ic . 1 ar,:i • -t'-=' : 2 VA _wu • c .1:_= ; and (I Dr - ;:u - lls:alines. Cut3l- ~ - , _:tt- 1r_ ulr i ri sn 1 _L+ lm 11.cnld I and axe:. v~QA _r ien 1 a i,.-.1 a:.Y in :r:L- ;]i_: WP or :a:6:a. .";Its] ION ATZ' a01a] :e:AL :e:. n I_-'-_ _zatisn anA do .i:e, _x:_41 : llel e%Tlaintheprcject. red ml L -1 La; _ alxex PI) B a cunZe, ::l r a nc t>a = _ _ A. :rLl::r•::t: :..1:ebe-:=:ivi:;_ ._x°: d- el.- _ ::--}::.=:r.: ::::Ad be adarests.ed as fa.iy ah "Impa. t: --.EH-nd,•: iire W. fh e.:i:a:u- en% 1 _ La] 1 . -:e., Alicla are - ~ u i ~.r.=1 . _ -tl. & - - In :w i :_t_ Filadill. of alauitir,-~nr l(Ltlps~.r. iF:_p_ ~I7. t:e ,,.:u -_I rela'ec~ Department, afar l n dl:•::1.l.nn❑ -'r.-]. al_:ai= detemon: on: yrogym. : n" a c I1..L -..ll.: C.l. .a m11a - 7'.LL - n: '-7+T;._m: - - --lL'._•_Il. rI : C:11 ] ~ 0 e_! - :1 Me11 c. _ ? : all, ±St X1 EN _ : no 000- S13 _ atrc::r :ll: e A xul nml a1'=eu ; i:n vdl In -=:1 xk $ m the F Lim m . l } M n 1 Ili.cl]I axe x _1:_ ..1. M ony a Ltially l u] ,lie } r-. n rs --:iccov doculmeuta r~:d::..',. -,1 .•---.a : = indicated. ~ L r.::::.1:,'::..:_._~1 - -,Ll:1ei~•a•-~:1, L:: f;.u_:1~.ti.. I __armz '.Ie•-: ses r . dveme Mov,,. Adverse :Cn:-n r. can hi vs =-rL_r A w or lnj~eAw Ea aud. ~-~L;il~lin•r: to DNtsrn.Lixue IYWD an Ins. mummu] - _ Kent::iw 0 W :e_:i'_rt F03 We -ru~jazts Lnyl0of 410 Wneur 91=9 ild Be Pi 1 aL wd. 7--t _ el en:i nt e project,- 1'•': v-1n.. h-.-. - LLIe:-r,.. .aat71 -]::•CLl do . n.:. _ ui 1•:• ie - a?A _ _ rL1Ln a oats or U ;1 _ -u _ -n - c 11 s n IIll_:-Lll lam„-=,. . X7 . .2 xL•.-_ 5 . -l cannot be ]~ik_gated, ui L ;,i_ien 1,:;-:aL__ -1 .i Il]i-=m a }..7 x.,l- the q-. :.:r- ?.Ib '•:7 i _L:':3 Ili ;_L 1 1:_71_ til:.; _ w; M's iru ; _ts in, I'1' - 1 e u1Ltr-4 =s :'L. s----_i,n.;. _ le W be en-. L c aIn _n l _a ra .t.. awe _ . ;_Q? :.ea :u W ai L-_p et`~:.:-.:..:d be nigh], C,jnsidel: T .cc.u.elxee ci cue ax n1o xe of the f n L ind:i- ate be needed: .-aal;'.] in Ag T.:-: won "in 1:v n:.e a 4 ante{',]:.. M 0,101 b - A (1 : I;.:L:~ a1i:.- 1.= + non -.;.a _ , -:d d ' C:'1 a o ".t e. altel:'La•:tL' rec mnzietl :l .L . e'. of A : I1 iny invo .al. "•":.I ® i. • -L? In ep :e In ej e : t 'llmld M WSW In .ll_: W 1LL_? :1 ai-.n Kne: Ln- a_.,.., x: u1-alteru,ativeu.e: of 11,7.U.11 .:1 1:11 .u _-r_L e:. ._:--a- dls Lbee:. u] the l ea or it's tn-. 11 Ile u~uamnwwi wpnn of ±E pwyxW and Be ta]::-r . ' 1 _::si .Li ala-. - f:-iu al~~l. (3 F ~n a _LK:-_ Or -:L.:nr . we eL :]i-si _:__ine an"I ns, of a reasonable ArclaeLolopcal-u,.l, :L Q].._ f-: SAL Li::ral_ :.(Ad I let:: a . _ _ '.I- = e L i=1171. . le v r i r,~f."r ~i ifs rrE _•~`.~r r E~:~<<<f st` 'fi,, yf~ i`,',r =t,i: Locu F' rl_:~r:vur. Pr_rs:uc: YJazu:il llLS~' ~Fi^-. - (4' Highly LT ].L'. iv0.o]=.Lu tlse -31 . _i :tee=ltal e*_' }1 jest emst or ase e%Tected. C. '.'.t31= tlueatene or r_u-=t fzu a.' gnificant Trine . (04 „,hich Foreclose offxer bEllefsci.al -Lues of Y'9595_ _.ral. a~z~orelttaral. tiMber. RWarer• ey~, or resosucey clitical to Lhe L _ a state's The L ;:.r~~ ?mot 11.1is ar_3m--.i,e th:,t a prcpc:,ed, project, eve a :1.:.'._ MY of the above factor=,. 6, 13 ll•::•t -Pl'? :i ..;l,e _:~el Al .trli:.:-_ ~4~e ra a~ ; tZ.e }cl. .;_nll='=r = ~.:.F Cc to _e T'e--- ui-rise-nty G ? r i r,,f.": r 1 ifs rrE r t ~:~,<<f st` 'fi:, . i~.~ ~i:`~ tf• r`,',r =t,,: Locil F'~a1_~=~r:,ur. Yr_=r:uc: YJa~u:,l rl'L:F'%EE.^= ' . ENWROF ;NiEN'IAL PC)LD:1` TEXAS PARKS &-11-ILDEIFE 01fNII% ION F`OLIC YN , A-,5 JRnW L = :11191 Be m , =ted the ComiLseion: 4. Toxic nud H za] dozes ubstane a. 1.PuLUr'7 e. Me y m: a: I,.._.;:3:lzr r`byta>aces., iracl.ucbn pe l:i L?s 3716, ::er:::: 11 - ---u1:i _.a, in, all r _wp x ..?I1- 1 ] Den L n - . Ekwing nm lLof ?,.J.' ...dl'fe r ni-- r e= r t L__er the to Ind' L= 1~ u, e.. if aL excess _ a _JA'. Sir a]_ ..=i= .-=d . a] h: =_i e 74 a] _ ny _ L A-aK I,a_l 1 e -d -:d as expedin - ,:eL_Ll,..fte] iefel7e:l r.= 3 QM: 7==],'.: p.::r- 1=_ -.n__ fug. n nll, - ...__:1._. _=.ltezaa,tL C. l:.e of ene ma.:.aae :u,r_ ]_:reL.:_r -:L rata:.:.:.. d w~al,& tll-._ .,a Awn x he 1 _`e , LI-i.::,^. my nn. no . ~=1 Ri. is .,..II ,_L.[ p ti. al:_ a - _-a 1.1e e :1e [ ;-:ai.ilable ,_=d =u L P-.,]; ]1 _f' nee,- = eu .L e -=rr I r-"Wn kl,e V± w- :aO' anvt~ l l,e Q7 - tyre a=tL` i. a i_: a nn is =m ; e_':e n_ -.-m;rn nnovvv - ni a,-= ra 1: T Y of We inn ;_:r; an Once r_"w~:e. ,.ereby 1:. ' b.- M-ined in e:iabh:.]n: O : tea _ p.:__::y aLd .e c . -e,. NO f.a 11.t of the _ .:1~1i e . uh1,1 ~nle_=tati __a } - li: .,apr . , on i in full. cm, .an.ce v n& a; p a n" LL.vx i--eneral F .lkv. ,earl lar. rial Y .w, . ~ :lid... be ~i - -.b'} o =le' In L,e_-,_-::mn .iv : L:.c t':e ::'ree o'S ee,, llizludiug ne,3' a:1U3. -.,d Ind =e=.. a.- d 10 pc;= n,e_-~ i:. .en-i..A n the in p le_== u. .;=L:M 'W poky, the an: and In . An t. k In n.avnie :r the Dqw. _nne r I,:.__ m= -11L'_ r r ov e . _ - . c], me =.u_e:: re. 1c~ L 11 =r..._- is - Il;r n:=:_ ,reF .11-- _'cp.. a W a - iX__ i]i__.. e. r_ :it _1_;. _=zuhl e _::r An~s Mid -:_•li.'.::'eur v.:._- be 11=11 ]-_a,we D_p:we:ni]e_:r. Q e: On ::'f areL ;-le::=_: an nionp - ':Lai n.e ..:e ;'K_7:r =f`= ,=LiI],=e: a=ru _=k 1L _.1'e 1.1_dL' e..... nona__numit..::,d wah.e.- i.].:u ,.1n__ be 331C_. _'@.. t.. a L_:rn ' ti;e 11%c Lf one -f :,I; at rnle__r F:,:L.__en do V a: -n- alt n a1.a11 :-L p , a =-30of em e iv~n kite le--e_ mid aft tL u1=_elavert: r=:_ f'iec. lL=- =r7 ] o .ao_ualenvdI-; and _ tL__ 16. Public Inkrlm,l Flo u „F]Ore:&M.COW- rV,ari01i ,asSd'NI;i1ia'2 meur.r,fFislLcrud QEfe Wourcer- In _::le: to un e p: _ bhc a w.::]1_::. of ~ :It: _x•. -r..:: %Nrnrn. 7-= .eL . r]1 and mmna.ggenle t of T :.r.- A p r e. nl e:cul the __:_a ;_nus__t - W:di- e .r . l -_eV -.p.iided as apr_spose of Lie; 7a .:err __.,.emaun : _r_ ..:_a un.Daau__ _1_]ea: The zwna; " . t- Ilrn-:: rLi: -3, qaL::r. a .r -f Ue=,]-1'a _°L__-i:L ,ale .rLr:0L1]e::r p-•--:anl: ._-11_., -::a -a:.:-L _t_. le p.AW A ow rl,_ .hn .__d1IiY~::-an:_ _t:_anma.: the rthe_ 7Q i] ---0]t :W_"J.rn=]_ ~=r:<&_r:Lr. _ - = r. e. an! 1= - -a:li-. - 'r.': _::r do p:- . _ IN re a,rce m gev=n- k:i~_-•dn e_ r nia3'r_-e_ _-]1 h c_.;. e imuA....e. _,:•r _ - tll_ p _-__:ian wii . __.,.ena.._:]1 of =u A, _ Iii a:LCrC __5L :r'. _ 1.Jr?-21 1'_ f ..JeS to __=1-iuj] ::rr l r':rr. 11 l:e _ut _-sue=_r-di ib]e and craw':i.t-] r =ie' 7]t eut let ° ~ _ r Jl~ fr ~ f~ f 1 V ~ .`i rF , ,r ~ ~f r . ~ i i f s rr E _•~`.1 ~ r E ~ r << ,f s t` ' fi: , ~ t . ~ ~i: ` ~ ,1f E` r . IL'.' LYOD LLleu't,1 .evil ,x iu Audit katLI a __CIL.J.L':_.:e 19SF,;.:; ac: as :Lxl?_ p " wmnm h _ clxerr-e 1. 1 a :ii tixx.ct An en• 1u..,.,-:_ .wiw: - n'e 7x.'.•1-». _.r24 to ffi _ 1 i__,--r_. of ])e_. o 1•, _ixg ccu:wtz~ Ecu3.og]caU ,awry e.,, }---a_:.;. . =r."e3 ; ad, axx L_:er u _ n l. a-xJ ' - U. srxln___rr.ei the .xd. - L'nnsge_'Le]]: ::_1i:3'C L•.' eti. _ h•.' 71]e. :n11 211_.'C7 ==:.rrn7~r_ 3117. Li'__ 'r71;e-Lt i;_:]=. x: rl at_i] LCer_ ] __it'Cf :..']a. _c}' the .e.__ 1:r. _1L:e tII., 1::.7. L le _ _ "-__t _tl1 r ,c:lr:. u,_. _ 1 ~c "1L__. s]. ri :ie b the- r•t :i oft 'rc eir. =_1r: ill L P, - an,- vada Al p: _-1, - cx -.':r mmeC1C1.1 D.n:I ]e 1.1 L: i:•1-11 _l& L-~,I.I.-.'. C: :11 F`:1 r.::.a11 be pe..nod c-111.' The F.e::wi -m DiL-ector is "_pecafa al'_: i ed _n -rifto to ex1:u_e acem-Lntabil.f x : 'xx1 nc~ en:i t-' all t = 3 . ;,x e .._t ?x;G. _11 m nCe -`--=1-=- ---'l"1;'--=xi::a._ 3, F0L the PuLr.. _F of thk Folic ° The F ftovjn Ile 11516:11.. ,T)F.., --'"dil =r._r: Imam ±e n-,•. _ = axi ki _ ne:. ap1'_:ong in life i:_]__ ::,1 1:e..e:3 _ -:ir:::_:': t: l- c . ] c v. ] - 3111 1a..:?.1]... till ul:::_1x1..11 . KLd [11r ] : _ ].m' ':I C . :_3r 1 1 ._;:.:1, cL_axxl :s 'tc n:_;•: ~x1n 1°.,x, de L w:.r."::_ cr ne_._:t. 3; aL^eE as .]:.tv:•tar 1.1.= c. F.>xdaMgMej V 11:: : Me Ms ail specie. the ?..:...r.e: 11;_evuc_-_C mealts t' p anrd:':;?. 'e =1_ 1,. n mzditsnance.,, and L ..L. Of et:::;:nxle::r.:..--- " Intex7xL=t m : _:f fc to a 3 ideas i_, older to metier aw3ie an L-: ou of relatiaLxsExps, si~n_f::;,]1:e. aL•::~:i ~.-s~a1,e :'r= . _ .r:~'.. j m "1 -7 CIE r Jl~ fr ~ f~ f 1 V ~ .`i rF i r, ~f r . ~ I I f s rr E _ ~ r E ~ ~ << <f s t` ' fi, , . ~ ~ . ~ iis ` ~ ,;f r` r -a_cLacy]: rl[ihm.¢zF`r_.•-rnmkhmrd ChAPAR 'JJ CULTURAL, ARCHE t iL4",c=;I -AL -AND HI~T1.= RP PRE~LRVATIO 1. -_e :.C1. e'rn _ "'T.T:°F'•-: e! ~`f t,ls D. or c 171ll':=?tes s.i;i_-'=' Le ~=-Fie:::eu .:.:•u of tl;e I=-::_ a:1 =icru :I -`aaY" Code udtti-al re_oaa eee r ~ rr n e = _c: : I i t n_c -ti,D=a, i.. _tw amd Ihelep.r.tnaentaad.tf re:.a:..l:i. trlti2!a n ittee:-=._~ E AE_'_. P ::e pr t_r .__e canmaaierataon of ar'e . ; Q t:'.poirnbl.e to in°atitlrte 1r°cce tines ttr a.nae that a ,.I7amne r:i] m a.,, ;-lt:-me I::; -:.is may p: -_nh . t:t-;i are :-arried cn. A n;Kwe•r bi a e }.e :l.ie.-ment or =_.r rrr ti.e &I =t.ar.: arid. E irc n__ a 1.==I i,_ I:,r =L~K* 1: ,rt t :r WZl] _'f :.rr_,.. :::t.r_..,r_,.. art: :•1 :f . _.::60L E:_. n=.:__n .:1 ct f 1059. w a=inde 1, n::_.t_:nt: ] ,1..-,:?1 .:f I_- _:Ae.eai._._. .Ie E -aid E:.-Ii Lk,37 it 7 Son ;=~T Vw _r I:'= :-nm a e::l I . =ice; i-i ::t }~.r_. au as L.; lni-1 L; -.n, I= I'?` JrJ ~rl U. T a 5n o Y w_ 't_,:; In inn ;.l . _ _ .L:::.r ible being _cr t : . r i :;I r ; = in re rlte:° r_, allow ow aw; :.c',:er t.:_.t::.:. :e:etv_:1 asst whi-h rya,. I,z : :ea_::;, =1- } •:,rC::rfi' c rue::r th_ _ . ` n.ee• do znNiia QT him; a. =.L. suirr_e 7 -tee :state ageucy I X-fiui rrton:. for in i n_ cs r. sn i t =tion w! cadwral iesomme=:, PIAIM111 ;:at to the t..:e ~-ode:.. K A.: e- = hnDact. The area for vAuc: i piopan, ashatance isl::cpemd. 3 -filyna°_. =.I_. di,ni ::e. K-:ii_:~_. ::am_ '7 nxe s = t i2i Anie-.: Wn L .t.: t]1_ irr;1.,,.t ,afar; a" : a_± } ei 'r'-=-•t '_nLV xcl; - e ine_rz: f •:a 00 Le at die a:. narnmal :me0:locZhow. -:I_._: AT be ; :,-_:,r_A and ..:::i_.] .•t.r. i; n.__L_,_:._ C Z m- 1}.e=mme Re :•.'e 4Ld: ened h-Rre. this in.,--: a;l._ e le fcr the ::e "1t1: texwcm-a]. c: a.'. I: ' an at. 1: =al i'-_:ur;.i•:n ;•r. r.•. at- e. -u:" }'--'r: the ax z>;:n 1 -:a n t err eN:Lol_t i..... D ; ta,-•: - rasa. in ads ..:'.;r cnln-_ I ne i= are:.,. L_ luire: j::. may :_1,.'e-' :frlle Iht:tc:::I:_qexj p _ae.:: h;.:use :-_1 Drl; ._:=.-.-P. a -ue, or pnpea:ec. r:: m i f f : I: _17 . _a r: ; 1 t wring, the _w-1:,tu__:r.: _vf :::N. A :_-e._i.__ .;-::---t-e: a- M-: 1 tnpar 7-yawn n nze ' Chapter nx u= t- _ :c; .;.t: n oI n } r.:n u : m:: laP pi :_r n ur a -=ant Conti-'et nCr=. r_r:: _:-m _ cm t' I:_i ; :-n._ . a - nwar t..: +a:W - da an; r._r,.:] thr _ ___tain nn r_:tt: t' da . _:;_h.:;:. - own to ;_nd nw sn-r1_ F:::.}:are ._:rl .-I-:t-:. wr_:: .I; 7u: na.;:e:rA a::A be c -'p- di un_:L.r.. n rte, t: _;::l r v_ 2 - r a =c_:. u de _ _ai an { r 1.~.:tT Noe . a _ r - I - - :.ar et, .u 0de . - I.e d. I _ . zh. , 7=j _ then_ p o ^e i w e _ i v.._a .n_ on, •:.:L;- =Sri:-:. L..U. V. =1 tl,_.:t:.; ;_r-i>•vl.e~... °u~; e.:. r:t=i ac tai.:aiti~aa~l°r~~rti].iri~~'. e. ~f t1;?f----,':lis plr raft. inme._-: : ;KM _ } ] ; t r In .:c:; . 1, -o- t• final acq.riut._ WE _ the cc em ant of s hat , . r _:r ]i :n Lawn _ ,.l-rn=.: r _e-;-_:: to the d ?L.a:me_r it €t il_ r _,L E•r Lti_:: cc at.:;:c t:.:peau_:. a__:, of '.Ira cowl.3' ;.;i --e `.r___1'.r_. Ohl t---;Faen pupenn n1c:e Ana vile can be by to 3althl_ area of a:i %v be doing yw 0 far p=ropaim a_.ii:,tauce „:tlt p _cn of A CIE r J' l~ fr ' 1' f I V ~ .`i rF 11r,~1.": r ° ~ ] ]f s rr E _•1`.i ~ r t :1 :I ,dt` ' fi, , . ~,f - r ~i`` ~ t1• L`,',r Ln:,l'~rl:+=risuc. Frc=r:asc: 7J:,~orJ s=iL:Y1~E;~=~.a mad defer iaure un i] - = f. 7 -=1 ::)f =_oieLltLtlo „r i,:e 9 So f.l,; l_CLl]:.lil_:_ -L...I1 lt" -i:1d: i':_n..:_ of mm n: L_...U._. _c I1st1tL1C?7 a.. 1_._:._clie f,•:y:C? At itch CLLl - ' - ':_:-e ne t qa f e !x ] e:e:.3:-" M-,i~atl,al f=±: - .}.::Il::: : .-:111 OftY. L . In=_Y: f. -1; W7 W131:.-;L 7j._ , In t]1=: __.t nov _ =rn=0 :e = 0euc:=m ms _ct =::=i=. e 1:::u min i tu.ce U In &~a-cI_me]7t Omms w pat of ~a C'cr~L< 1s;InreFl re:luL r A. '.h-7 a: --v_]]- ; .::1 ilit•'. The I u -:e11: D. sgumme., By aub -rnu= 3 the in r?tL] with the T yponsoi i=_ _ ~ 31';ing the _n= a = i v bre er 3 projee : L I The L L sell 31] .::::t the P 1 iu it: lice m.rl1 :_x I_-::_ -.nvol:.r.e: Cme . 1Qz ecY]a0_:.,_ ike B _1 FA :r.:•n.AM It 1,.._t be , :.:T to of T.-: ]i :I =t _f' .,,1-. ui °:C 17 t t,;_ to 1L _ or Cane t: I_ " ._-~Ame:-- -:e 1e r.; li eL-r1'_: L r2:i L I f',: l r t iouz of on rr on, ..L ,a=e rrli L =,ce : li _ - - - L 11 n Le~LCe 7f in: I :p-mient. aetl:_a ov Le ue tl,_ Oc]x or to auv h :nve t:_::: ali: ]]ctL_ e Li?; rn]. It .7_:1 I.`_:_ :f :-.e e'r.zem = C. f.i_nti"]:.;:]n c: Vve 1_:lm?::-.1 LD :i7-Y nlx au_ ~1 e_ - ;:Om •.;_.g ,,:IL ]l. E17.aY:"_ 1= a L , _1-."e: I-:e r .1,. i]. n L:. Ue to lie re n emo W ]i.l,_d ~y die . n m3 _ rq:.ue id.,elrt_iec ,v. UL i - ._e pnTelm: . , = 01 5 tie a -L of t: _i . 1 .ie:. area c:f u~; , . r m- 1- 1 I:..e for p] =ram_°x1 tauce., and winch • be ° = As "_wp sa projec. E. Ill e:: T--ii. :.t. coulph mce thLti e 14=i'.l Lr= the - , t t- ..rl..: ail . "12 la pywqrfiK. _ . n i:=.: 1.1 an l 1l --L 1.11. nct be 1 L f- I :lie=u wni } .n-uii :.]a1Y]:e _::erui..:..elaaz 7 :.:Ie ::•:.h.' =_:1 _11.::La QQ is f:: the } On . mil a the a tla,c? r Le::_ r.. c: a p_aa r::_ rtL_.. e :.,..h Mom m _vfe t. 1. 'F•_ L:_ .e i b7 die 7A Q yt_ L ;.re. Tien d ot]o.eet _ L.e:: aria. Fiihar to tok to -,Ile =1 i :r 31 re j:-P- ooLl°atLtll for o;euLlal of p7ozrau7. to ,-n i~; l.:•. ~ 1us 'L .i f..- . U:.t 00mri -7 t.,f; . . --=F _ -1],., ,_,...Lv - _ _ u'_d . _ ] ed San: tl]e. ::pi_Yi ~=:711i] f.i]i~:_:: ..:::.1i C. e l:~ecl"L re:..1 ~":1':cCl A. o`Jt err 1L.,ndou aoh 20M he e : WE ~e minvAll. :.:a t 70ju ru. fa rnpun-. to an I _ol r,}13]l. 17.ot be =?i : 1- p-• =_-ui. 17. i_:r•: mount. a::.].nnce :r-: i]:LU ed 3 a.:e h =:f 1~ uce 70h ::a': 11~w u,c :,i;___ p"S eemem co:v of t Re:•:E.LI:e: _sL`cc-Ye]'eil _)UriU:= d_->a°trnrt Ql] if °].]f__;_t.w_ ':-1 w.,:.:.,.twi =Svwn, a].°? =1 , : 1, _t cc .r. I_:d ul . _o 1 -r:.; l ?e in rdmee Nit =c_Lli_ed Em . pe d ah p_•:sr-1m &C Ia r=_ru703. ; dCh , 1 C:.4_'' oftlnn iamual. : e y um .Il,]i .1.e7; full _ -;•:t-•:_:: -LieI:_:.}.:n'.o. -.:..'_::'Il.C1.:t.::Y, which ]tea }:•:_r .__e E"o.imce; a71c_ Y al?d,t?te1'. 1]:.t:f' he "et1:- u-7 ---1- _ LLI Depa~E'te-t . a 1 i 11C- ch. e c= :.r: f!_ rc -i ,•t:c:_ are e_-gi1:7e as L _i-sJ_ 1- --b.1 _ ] itl] B F . rL L - .=d ; ..3]I " 1:: ea e T. _ arL no 1': 1'?•_?:": e:i :7~:]Y7 .-!.I~..:.II: d:Le 1' _CL_ 1 L __'_Ir -;.1i:91 a rl3111.t Of - be re]__btt MN d1:cr,-11 the p: :-rL1 : rua:c: IL3'':u ;mrL;iec_111-1: 'nff:cLeYr. 20 rune " -.K_r,-_ _ 1CL.__. ..__erlie = 1ui a.-. 1. 'i s ill be .ed i7 : 37 sEl oousi:aeut 1 l TAC ti•°..L. 1..:-1e, ....r'... ..1- I- 1_~_ .'.lel: ~s r Jl~ fr ~ f~ f 1 V ~ .`i rF i r, ~f I . ~ ~ ~ f s rl E _ I r E ~ ~ << <f s t` ' fi, , ~ ~ . ~ ~is ` ~ ,yf r` r -esi:L;?i':"'r:L!=.rMKpm naIL:SJ:awad CH_.IP71F.^= J 7„ I?a~a Farin;'et"-' I;_tt i. dstei6ied Ar37=':,-tilw a p- -_d L-:] tL'a xe.__1_e. m r) ._:e t: e::r .=--'.t_ 1 -:r,:OK If -=.Q_ in ::__..v.lf; r.=- f 1'. '.r:l.ec:l,-'et- a.4 r, in__ to K than ~ _--:.i_ e d in : _ DiAl r _ n ±h the Toni Airu':,.,:itit-. _ to::.: . S. C auF s :il Ttirh= ua . = e I_ 'nient PENe _iich, n r J "I I eu t-:1.., t rl t G Z g _-_;n.ie:. .hen ~ il,iri_. 0 _t_ ____ertl, ::red;; A, Ong _ --e.; ,t _ . ilL t;c; be nt_ _;_t_.' - e ---r_e:'{ in ?L In_:ell.t_1_:. re _ .ai:_r_! Mn 9„ Deurnedon Of UIM;01 F.x: M z Pt cLibiW, _ _.:w.;•:u _ V_. .tte a: } err.' :t :r e i1 le _ 1. t n'-e _ 1 ICti=e r~L~SIZ;~ia 1U3. till 4'= '--l M, :.=.:.l..tl___ CIE r ; r, r . ~ i ~ f s rr E ~ r E ~ t << <f s t` ' fi, , ~ . ~ ~i: ` ~ ,yf E` r =t, Locil F' si_C e:vur. Yr:rs:a c: YJ:a~u:il A1::1dirL!u; G:0 , TIIE ANTI.,,d -IIIEw C ODE 017 TES Tie i-.?:1 ?p reuil:see I.19S7) DEP AIE'^;T a=~F TI4rT"ITIF~ Fb,OTEC110 TF1_i.s: gIIs:Is:!I;.IVAL UNDII'"ILO, I'.0. BUX 1_276 __iT TPT . TE=4 'x'3711 The Anfiquities :(ti c' a fel al _ _ . r: . - rL.-.itea _ the p..: AMP A. I_ 1 . l;r°r I -:t ' . n C An .-!.Iipi..tl9': Code . _ d•ed W ;ltm Ke . v in Alut BY 111 anict! by ±e The tlr_ _u:mAn of all uln.t:e._ _.m I,.::cu= Mon the 'cri' 7 -'f dit r:te _f I - dksna r: hi cri: Addmv. ,n:i Conmmec i_::U],-'e.. _7 - : a., the - - - vin 1m____H71e:r and. d.i]:L::= 3?:: '.OMd S° OU ...c .l _:.10 10 ° r on -1i7':: 1 ;r]_ SUM- 311.d made arailable the - L :ila1 infrrniatiols c:cau 7 e_ulir: :i c:: is .1,.._ _.:eral h .i1 of Pl ehm and _ . _ ❑ri::r :__e C `~mink_:. 6096. r 1' l~ fr ~ I~ f I V ~ .li rF I Ir, ~1 L ° ~ l i f s rr E _•1`.~ ~ r E ~ ~ << <I s t` ' fi, , ° ,f . r ~i: ` ~ 11 • LI r r.::,: L~c+] 2','.r c.-=~r:aur; F`r_-r>;rc: 7Ja~u;J r:H_.;KE& NATIa=.NAL FLT= CID I-k ~TTL-. GE FF' 01:::FL-._lI I, cam. The19medLSL..:-erFrD (•?.I. play equipment Ixrch as reqriire=% the ]i ..1 ,lia.: e. of :1•::•:__. Ili ..'..1 .lll_: is a .n- _ t of reel,,.1,. Sudan! =i n n Z 'I:.', 1-::== ha - a e : 11 - :1 _ tI -L" _ I.; .1 e f.:. I, i -.::1 ale I ~a n ali in the 4j rLtdc.: 1ui_:p pools. . , t._:_.. 1 ..01 rh cn 1 Re€iuirempn r for Fled lnglarLalalre. mai me L:_nnEedt -1-r_:ce =YQh .7nDa s: the Tedosl E__=: { _ ov _ _ Sri: . - To the F_e 1_' TIl .I rep nS-ed "]-L ali a:f~ :dities ] 1}T' :.e _ r; f] -int. y 1 am . It En_,:.Dion lac. -ed ::n tpe . Win! ale to l ki the _ Doc Act of . l] IL_:. _ _de.a. Ilialame --L__u l,.tl.;.:cu In :-..:;-l i _1_:.I Wand, W I 3], t__ _ 1.__..1'3:__ _ 3 _ nuo. .f ilie ed_ al Iiixr-L veLla-?nta E1L_Rde for flood Insurance .r:.:: -.--E ---p" 1 eLar=e. r MI 2__ hp=vi -ue-. L i : - n lr.ce W,lielll :iic.Ed f'r _w t': : 1 Kai I M per 11 _le+`.la .:•Ix . Fl- Y tin of 3t1_:_3l Floo S._:. :_3.-.:d area ducting the period the 1.11'e;lWE in . n i : a. i:Mi _u_e_ 1 is V IC I- :r ui l :t on I _en:.i ed as ha'-ir..E lae:_:a. 1 li-.-ar3. the -Lii"atL?_L. .:.-Y, zl , _ }1a:: .-I ire,.: in_ if iLLi L Y.-in: e-IT, 1..,."_ Ir l a .•e_- CU MC MC .,.11.i_-.- _ -.:.:.1 Inn-;me A1_ :-lil.n.; .::•n- I: e : ,_nnE d 1u:. ar RlOb' le li:'Lle. -L.tMM. l a: I.1.ANd In =u s_ I the .1 _.i a.l.ew a.]i_: '.MUAMY W2102111 t'.: _ '_',:•1 s M 'I "'le_:.. Ile -0.11.ds! .L'.t;_11. - can. .c - i t_r: C. .t.:-.-'_1; 7 -m - t -.r- Who ie l;ed a 1m: b men OEM, As 11pq ~ n : %ch a1 i r; i-e % rL ;.crrLe tl,a: . rh:::_1 i V My ae: =,•m W17- al:.;. _e .until they: - : 11.1 1-r: li. p ons MY lI__::_:. .l 1 w ll,eat we _._-:,"R., .l:_d - etlr I. ~_.:.L.talice for xx~.. L_',•]::'. -1.:._.i i,.li. c:I c)noiv. men to" defuxxta_:L; .xe ref_l:_:1 t-: a 1:1 .`:r -i_:r. the --load hnlarablk 1pro9, client::u .1.::17:aptEr, lie _.-L:l la: t -:f :t_ 3 1:- Iie:::eL the cal xanity is o. LC- glia' f:ed ful E L al:.,:~ .u e° B. Exaaxlpla;i ni:ll.a)Ae imp ; e ..n for which, in.11-MUCe x i:_: JI_ e. beat are limited to the A~s: a crummul'dy has glaalified - r the Rood xl]:.. mye Lig: } nn _i_:1xm1 .l...:..:.r,-•uce k- - :.i-.: r- ai : - de- of K:1 ake x]i1, L •.1: i11 is : a p<.,m'_a_ _ (1 F =:n::ii''W:li AS. of Eck __.-,u - 11 QCM L-1500"= 1 _:L ,.ect Adu:i ar: o 4dLT A C! Flood K"v = re:: d Rte. P.L m- -.the, calrie . (d) Bat1A _ c,axiu~r3bll ia:_ a 1: tlx 1. Il tlvexlrl.a_ 11it'e. (d) hyel) r e -,Ll. n_:. 4® r4La87ount ofluTurin _.I-.:.:t -.n--e t..:_idiiigs and sheds frlr lauds"daping tocAs A. Ile mm mr of un:.u.ce Iegaliled by F.L. 93-2--,4 is the C:- .:ere i,.pnient. laze: c_ :1 the de I ymce r. c:.t of the iin ;rive all Lo _]lielxt ) r ( dl ,_..1 .m, t C. l'=e Isle 1'.: ---5.rex Z:7. E L-e,:: t:' ---r.v.i c.,aa;.':.1ng of t%vo or more a' a.:Mh ..•1::: mvecr 'r '..a.L i_:.a.L 7pe. C: f:l:llin' _:'1. . wen. PY 3 nod. the 10 al, _:,-.I Fl u. _ ::.;-i ; . : , * L' - Ln r„i:: L:. ba,-k c h rll _.i AM K 1,1_e gw rexuelct. lw_" t ( F'_ e,-. r:rly. av.d cuu, ~,it cer~te:r the F ede:. - Am e. C E::-1lxlp1as of AM v'. _.n--q1tn L MaLlaarxce is not B. h7he:_eYo flwlhm mze : a a.:_aM u "e er a f3 regiired Whirl, Ll awe . k n e e i cc e Wowing: Wig : uw 1 : I x , :_:e , 1 , . . . - : r _ _ i : m n I I I :nn a :]-.2 _•::IL f` ..r: (1,; Openpi-cnic _lelel___._. L-. Il:ll- : 3LI I e -1 : n n t%a a =.ra axe . _ . beyo d . e::: 3 : li. pa: v r, T m "1 -7 r J' l~ fr ~ f' f 1 V ~ .li rF i r,~f.": r ] ]fs rrE r E~:~<<<f st` 'fi,, ° ~i``; tfr`,',r 7. v W ,t;'MO=.rsucF'rcgo= %bm"al FLO IIFLAIN ~ AND WETLANDS 1. i_renwil, ic"a e~t cam1o_-: tae u- ]b. ~ rec_ ifi__r-l ieTthynncu~ Y'Ond& AHOY pe _.a: of 4= __F_ `_-l_ :eewn. 2 on an } . re.r n:e..-c~:e,:.e.;r..:-_u,tl;ei _ ','~ir~a .1 atrts faciiute, aucli a, beaclxe~. (nat e~cliaded foar a i_-r.en 11911. Tluo&lsm ani __oa, mi 1037 "Rt r :n Da A J.' .1; .LI& pm- wi~~ Aw 7 5 ,";-K F ion co: 1. Er, _s_. v a iaternalroa.dstra Q tL__:.': Kwdplan 11, n.-':7C e:a .i__-ne-. f:;l Wme_rk - E 0 _ :4 FF r`.C _ C. Fe wn _ 15 -1 9. 17 .Li t excittdad for wetlands). B .itnuate :CL il.e .7 :1-lain. r n,_, An a it_. the of an eij:tin , aecr,eatiOn axeal, such as =u 1: -:aw a,.l _ -i . -r all dailop ent Eh .=1 : 1: f a e :i tvi, 1 _ -1: art, aaau g1; . r ? : a r.:_':~i,.r ..:e z ~rl';~::•r iic~- _=--r _ aaz usa act gin. _ _ ..::i. ri~•:•r. - t:a e:. n.i:'~ I. X11 at = ca, .;:i n and emrek 2 a:e<.r. 1-"__.:rn ~ i-_.t~_:.:r.:-:. ",a-u= a;~d. 01: in, r_; a. l.e _ ae - a i =_rte 1 X11 u' 3 nu melLr,i The euyl onmleutal docuL-eii; ._:u 12a': de exi:,t. AL The E:C_ay was due-- and b :a:t:. , ::iat= . , U'h, n a>=.O"itle: mi.:: _ . caked out iu a. =1 . ~ ;sr with duct --d -ra :-t:::=.1...,_ the tia.. be ___an: er i -E.e dea-elopruemt. F]anaa ' } _ err e...a :7: lau :_'.d Onn r_...:a 3 `._r.: 6w ;r _ Id. MEa:113:eS t to 21-_16L]ize h,aml t:] and, .aN w n in _ nn ,L-. e th,e - - . ti - ' t -p?:alra F::.; 1 = V elif% o;::w _1 -aall be ehgib e fir and . A_. _:n:.-_-: e Woos and locazttom= com:}tdered in the erumt 3. W)UPTUOU _ of an. -r: a.tip3ct. _..abli,::l,_ en :d,: n•: r. i; _ 11011a- :.IW' tot < ve e "p.; : as e,_- d ; ._:ripw .:r that all state :grid I :a]. flod_-.:d _n ~.mt. n di_--.. _:n a,NEW& a_PO .;:::nc Mdv..:_d{:",. aaeGil :-_er. =cn. _vs T VL=- __u i[ Kph. to7 A ump d.e_:a~iEn_=, `h 7 %dan.d,. the, ~.-uaLf r .nl.a - t :i_-- i t_po.rt. {S, f'E.Ll,li: Iur::.l ML,e~at f r tL _9 = n _,•I pl:h by - y a ,1 f aQ . ' p., of + Excht Fi: Brie', _a-:;- e: of :e:le nlay. t: 0inew ,.I u); D:al. f`: , de nt of`e_P - .l z__=. ,_tla n,.e t Of t;e ne:utive Oede:: Then r ,-n of e--1--= emi 1'°___ be 0 I c _ i the ~ I -_:eda, :akf OnrArns At r = - _ ve-..e,~ e~i, ~.._,i _al _ . 1; iiea.---t n7'e _ez;-- sr a.n.".. ~.er .,1--•-= Me-__bers :-f r- - flee:: - - viowt the .1,,. It .:.::all aw _ t At me Rl•:-dL__:r_:.- v-_rl,.__d.: Oa _:.:ii-e:r a_1::: r 7:•ca_laur. : ','et:au e'°e:=-ent, they are e^ ,i '.e::l ,,-rr ~,-Thee ormphance 'kith these guideh-- -._i-.c a -,lie is _ TF;._i. _ . F,rne,r _ °lYall Raaclrc;:de z A. ice-a-- 1 - of now an a. t ircn_ Lu aYa m 114tth. tl 'A] -utre'd to the statE B. F rrti =.n 1 atli canes. ReAy-, teeC-al:: 2.,, . PV--Z is .'.;:;di: ag r X17}+e sat rtaa-. :.n 'r to r i ie z.il _ r i r, ~f r . ~ i ~ f s ;r E _ r r E ~ ~ << <f s t` ' fi: , ~ ~ . ~ ti~i` ` ~ ,rf • r` r =ae.,: Lot Fu1bmmn Yr-=r:n= Y,J:>.mil l}t~'~R^=~: 5 TEXA_ REVIDV _ ND C ONIMENT SY:,TDI %TF:- CS) ,r l L Pm 7= e" t. ;r r e i .t = t vn In -C I V-7. alev,id= i___l::ic T_E 19 the rTAY i=:n :chn oz. annyconedwes K Whedb thef , a = a;_-_ nr 1 - ...ever „aru°l doi___t La. LE_:~. s;.cae3 P uiir: P inr a s_ uFi -:F, -=ad.er TR-- t' tie 24 i-er e._ wr: l:. of - eve unient :.are as the pi T }cis o dhlenU-:-r-u- --:nI i I i nk in __anems on a ar-- i 71,e r e_ . i 0611E ntu i e renew agincy0w imne,r :a•:•._s" vdi ±o :=_eral '.eii-__en- h_:d fie . Cmunur Pw i -d. ?_ojeck p'i-r pc- . u:t be b-=jived, to tF l;] ;i'=1a Lepw..- tr_r=i1 Ni T--' rn-. ow _=..-r 1'=--3 rD. O r. -__e W-1- C rl,e t .L - be ve e;i le De pmenr pa _ i . a r.u At Fear ks Lre C _•m» _:.:i;=_: =cr _a.. T m "1 -7 1' p fFr` "qt d ; tt -111111011 170:0 1 r fi' t =a_,: Lo:illa~al_=~ra7uc. F`r=ra,c: YJa~~:al 1;35:'~E.^=y'~ -1IILE YT UIIIELLNE L Gemeral. Onyp fiance Re~ e-tv,,,.. _ ".:.r.1,':•tir. Re.a pii:.e.tie . ar:e _.:.iied the r a =l -'ti: on-site. mL.:__: of Tne 7 c: the L_t. _ F_:g::r.: of 144. th,e Z "_1:11..;:__: W a . k& JiA er -,.e " ke 'i iii 11-01. 30 a __iem c. 1 ;,r w yvei-=:i .t-tte . -s" i iaae . .i:.nIme. ri:=e F-onSumn 21 'FR 42 a_i -:el ;:tinonr of ha r---i nc:i i .L ei._ wd trt de_ me if gL p :_-_s a e i ri hl 4C77. . a .t= ne Of ~ie p4n.€tr are adimnistered, and operated, in, Poona -l: C FR 1'=..1: 18 'FR 4240Y These &i_- } =Ae e ii ii&n ,tt a_i at die Lu_:_= tice - i ::_-Lpli; in le- i-xe Mean. - fcLlownip re 0eivo : V T& 1 'n'ee' FAA: -.i ' IN, t_ nu..- i. o - _Afi i.t;e, . gamed: 0- the u_. ; r no L:-.::.n in On ..tr_O= riN'. :1i al Ole Ms . _ : -.L. -.r . r_-:itN to dere_uii _ r_La. :o__,r.::t :rev __i'_•r :_;_r__n._ :u__w be e:•r l-e:d _cm On -1r_:r" --a': eported of 1.::?.-:I...;',:•ti. In :e_a._.i .,Enef-.r.: or be etheincne 1,_ucotu:_:-mee.. 1 i.e l ii:: L r:rr. it t -fir e f_.'le_ ..t-:i d,_ .n: r_red 0 tl, . :D . _1 f: nl fiance omcer" Mearns aaa Egiial C : rpoytwiity i! f? _ ii _ rr Iu :de J - . wig met are Qecisnti :-a.ed the reyporisibihty Tile AT ...11.. ].:1:_t.. ..J.e: ~.~Clil- 1~-_e ::.ei1e•3',3.~. the _ arme:_t i w. [caul_ 1133 1-: a 3Vith, the Ac C. Earplo-~Myemt" J aeau C. DPT4115t7Ctl:': l43 f-.Flk 1?.12 - i.FR ,4}.4G2,, . (1 "Act" rna-an= tlve ,sl of 1964. and. any niihkivi. itii and regi a..•ons of the d.eparttneas E ;p1 ; "n- -1- C71 171 i ;r '-F1 a -f-itll-1 2_ __r .~ict. PAi;:-' _~re I:~.» ::Lu to bent : .iia. =i i.tc-A g.:=_inl 1 -___;_Li: LLl_=: . u ted sgau _r V:_:I, a :uu° av. 3vhx_:: Eye gK =1i--" :,i, UST ]e ti:_. ; LLl_:_':' l 't L t: = >We:. pr.:ti: : :'e I is tl;e Ath.e AU L^er eu . , r i -nt to ~L = ?=1 irtlve_tt" mean a Texas SYLS _ l1i e am lamwo vLacri.ce= t!nan : be i ;.l __l by Mara ai 1:. _tnL =_ir BL., Line .r :.t:n_ relate - =a eel iw=_it pra ti e (4) 'Tli,tre_-cr me.--: the•Dbes:t.:: c_ _cf_ce xr EUr._ i„ 1-:Tii,.' '':)EC) I 'of 'Ile DeparialL AL DeryntmIamt F_ n _:_ntlm -F'T_' v yawn if Irma = =:1 .u; _::ia1 . _ _ oar: 11 graysty program a -:i.rav.ce fir : ari• ui] a. =n :L u_. !.e.u::._ .27.-e _r :eC._& ii::d _n._r: r.. of aar:t Lq _rv.---: ]le.::ifiecr th local RAN ] i:-.' d r a tt.. In - - _ _..e• t,.: i me v 7nc _ i:_:.._ a;% 01 Lie of an or fede:;__ t.__-.-_. rli_ .:;]e l_-. .the t. pearnt:. i i ,.t :rt -they . ,,i.;. I n -,n e rrr ~Ze c:: -:en] in-P07 L 1n o i a e~ i :,:ph I _min TF",V : _a c ri - ,1...: Li]i . th_ n -l; a:rll•:•'s:r c_tt:i_:_t'ari::•ri cr' at e. acl~l::: l =:cll:t:le:ari_~:: cr t --'-'•--,_t _~:Li ---:i •tia._e _f 1"V7±1 .v_>i: il: j -1-'e]:__i"'- ----11 pmde'.a tea Lake the rec:l:te::t ncOgn:~h of the }u. i:.:_t_t_.'r:: be ._:ra:,, prog:ami a.ii:tara;cea3h a ;h ;_ir: _Lrec r~+EO Wit" axev ,,..t1x Tile %°I federal. - ar one of illsI:::.::.•,.r, ::.fiat:u,ce il:.-:b ennn h an, by - - L"}~e:;clllxel:and R-. 'rl'Sal L'.' '11e:_L' m in: .l ;I : :r tlr.;r i _,:L. } -.i-w. f _xi i, . z i:r. _:ce a peratinI .rids OEO r .alp peel-i_- a •ati;fa r.r.t } L - rf C'n - a: a -fthe le ,_..ri -m of any is:consi_-.anl:i ei t _ d -neelain vohatntaxy o phanc a eufcrcenl _:tt prc:,ae ?axes. r i r, ~f : r . i . - ~ .ifs ;r E ~ r E ~ ~ << ,f ~ t` ' fi, , . ' 1~ . ~ ~~i: ` ~ yf ~ r` r` tai: Locil P911_r_r:vur:YrrIgL :3Jazu:al C'L~ '7Z E.Q (4. u: tJut each ap bmut is p~~ ide:• 1 a f 'here 7. _7 L: f :a~. h. . ir e r11 : 111 r-- Ilar.cP , ill _ -f (if It daub=_itteI I ==eut ;r l u, 1`PIK'D abutild be n. r 'i, =i f - In "r. c:f av a:L=3, =ire'. L_ efforts t.o„ -Ili seeln: E. a-olunta: e m s e =1, enforcement paced-tues. 1:.g1e r r, PrI-F~° Mnl k5?"~T-eAS,2z F+4TT ~a_ '01 ~o~; , xF ` I r J1= fr ' f' f 1 V~ ~ .`i rF i r, ~f : r . i . - ~ . i f s rr ! ~ r ~i E ~ ~ i =f t` ' fi, , . ' ~ ~ . ~ ~i; ` ~ !i r` r` Lei[A raTL{.raur.Pmyaic: Wmal APPLICATION, A(,REEMENT & _ MEND"ME , T FR 1'_ EI•!URE'!:~ 1. General. r Mpn- deal; ,,:t11 p._c__ve: ani Dann Pidear B•;rLMrz dazed prv_ecl 1e slaretlaeut In pa=_=:- bctimdalY Ina'p W111e_: c: p1]• =:_-1u1_.. a :_:e area to e._eNE - i.t3nce and for cortL, wha- - arad a]nend~g ap-~ved loco pa 1: g.-_rt. -i-id, the ,m., pqo~. Undo the n. eL ac 1 i ' . '.I a .a_ AM* a„ SubrnasSn =:f Apnlsc-n:=u , -.}ghAtr_:.: i r =_a.1n '..re 111., an ] _~.t f:_ F bla =.11e•_ in d1r : 1: r 11 a1;an 7.1i ~xe At i ]nini] unl, t8uy aL.i _...:.t be a t-i-1:';e 3„ TITIL lInD K =:edurn: end Forl:ny Ap Era-ca, pbk recreadcn.a,- K q:K of 011 ,i]'::. .n:.'n r.'-:-'.. :=]_3is„ alY.d ~;,{}$lli- C:_::•x11.. a;l'' be .,1..I2.11ii: _ V1t,L::W Klan 7':: n t,: .nili._ &.,O__011 ->wn i m the ayp :_al p.&s, which. are sepia to =___.v n:t Henra_a_:r 111 rl,_ y_ Exco::::. ir.mnua: 121L'12 I P L a re:• ,u= P rlu Pa "In 1i 0 tl: I i 1:e_: i : L r r. _ ==ni- :lI W .-.L W &A t_: J_vhel 0=eZOA ._..:_c ux --'.:.ir_ .:_=:L,_ :ct. on: Exce hon ..:ill ---:n_.e ::•_t a the zne _L_n ;-ia.,: k ?Cd., t_.i _ _r., _ _al :hi painn_.=:r and in :ysmcu fa vhEe Qv s! na . -ay ni ms _L no _ Y,__. ei.l, _:t:_:: f ±s a pee:___al• 1:=- K2 ,..:___m tl. on ere. Y Ch4n 644 1._ of the _ant a _-anwdbe t- i gyp' a Y ~ l L e- r. 1 than t:~. t a ,-:gilu,ed wlth pr ux i taL~e T1 p..: ect agleement.. R,e ntirsulawm. Tl1.e p: i nt _mie T imp and:c1 attac]]~rlxe~t: tlxer~etc ,,:1] :i tl _ ug :eel f } :_r?L ti 1 : ,1 n_ 'the {1'; The pcn-. - .axne. r: the 1 .:=r r i a n } z._ rea _ r,,= i an t1. 1 : a : t e :::_e,', Tlxe g a eat :aae u.:_ ~:=er. by the aalc_ t1o :a. . _ . The data : _ i} ] a } i a1. B. fxulds up to a deg _r ra ; imori :t f & ,Be :_r:u on the prrlaect Q The im: _:f the pr4je, t a..ea ieut to c_thP :r,-uedin.the i ennt- do I,r__a: r_ _ .__ATied - _ __.:_a_ n_ar t::a ?t an. w7ont ,1_.port cen=&" aml mlay C:_.. 'L i.L_..'- tL= 11_ e.. 7s_: J.1 x_.:11'= aL' d,cla vxj at a.] •-aa•:__,._.',:r;le].-:Ll__-::t: b- ::1...:L , fu_: m _ _ . c ..t_n- „scam tnt-. ut n-:=nce C ILe seem,} undex levee an .:p::e .pirtlacn data, if cot,. aaq~ ------r ~:-a i} kanle. D. a memos dye (W zynd V the All kncv,-vrx u_ _ ..:_:l L: area is _t:. _ . e p ; eahxl• he'd by atlo_: I. . - - u e_ r.11:: L- e:t ; •'e_ ]etaisiona1y --t : : .n l... i I] ..:e €r 1 : ]IF", t::^.1 _ ::.r= n - ::Wee C].,. roa 1.1titandsllg _ ,a, 11i::: :n L;_ =_I: __'t]1E 6_3A.4 _z ra._ i. i:_rn . w i ..:I A the = nl I.__tec: I -F'e.:0216.t, 11 X11 a,::d unr_:;•a r.11_ u::_a,• e e a aeynmg a c. aLS_n i._.. i s - amal]'. : d - e re:L ;',:•n -Mn _ ~d tulle be 1].c_,. ea WI-Er tlla - u t L ziant` p art fnaldxuq e:•.I:: a e: a,...°_n. _ 1 1L ld. be 1' Dv vAat e to be a.e . _4d ham it wi]l be a_aaopli Led. : E::iftI& pgmwd and -.;re ,deael'Op rent (a;11e1 edi.~ated >ape~. ~p+ace., ~,~etlaa]~s r u 1,7. ea. r Jl~ fr ~ f~ f 1 V ~ .`i rF i r, ~f r . ~ • i i f s rr E _ ~ r E ~ ~ << <f s t` ' fi, , ~ ~ . ~ ` v ,if • r` r .tZi: L~-~ it rrfl:~=1 wi. Fr._,71ALz: M:i,_Lml i, e::r 1 r rL to of fu7al k=~ t ::•r 1: _ _ . r e:_xu i:. tL = _:,q:: alment and 1.3 ru:r L.' " are t::: 7 r:'e= area ter f=i the ru_:: ::f i.' .r:- arr_:::3a,:. to be adn-a i'steaed a nde r-: . A mmndme ut . _rus: re: uu_ ed to alter the sipxed agxee:_ es; rile me_:I__=-u m 1 e d by the Department it _,~arrt Q the 3ElzA;_ent ..:t riper: ies it in, the Fpec:it e•_ n:l-.--PL A. Amendments are - : is in the follo- inlE sit4Lationsa (1' To ae..,----_ real a, r_.e=:-alinyeLat To rely total wozram a . i rake: (3_.. TO incae : _ c: a _l_.Ne the 2.C L _e to be (;4' To 1 u : 10C-_,_]j of rile r :t=: (f ' T4 extend the pry I=-' pel7od; ( To amend -L a=:r area dues to a C:'Lj3ptr.r '''C :1-M r.:_a _f' :Lte exxi- ae n;e a r t r to i _ r rr. i•==1aeu' t- r . t, the teLw. a oukbe 1 'ated b1' the r,.:: Dkl_-artn~ent when an, ameni_- n- (1) Letter the hom, the' atf~ect tre p i F w. _lue_=ta.1 information in raid'w=ith Chapter 650.2. 0-equ__ed 1 f.-:i. amendment. : ,.,1 It = _:,y have an effect on, the env ii _lu,e t and fdr Ni a GI= an ? t or :.u11j-:c.i =nel..d n a= 1-1_0feet -d du_tE_ ent:v, for C. u:e;, F 1 _::e =.MenCrue-i a .e.. r. ter are r, Jii ~re°.Ie .3 1 l sL e ~t ~e of 1:_ 33'ear r I r, ~l ~ . ~ i i f s rr E _ •I`.l ~ r E ~ ~ << <I ,a t` ' fi, , 1! . r ~is ` ~ yf • r OPEN FR JE("T SELL CTI(:rN PROCESS p-i7:._ C! 12 ch ,-_t to 110h ill hlj. ErLt-l~c.i: 2 x,E tt~°__: 1:: _.,•t~.i -1s _ 7_~: _ ..~:u 1.:_.__._. }..~rrts~ee:~:.~__n*tt_e:. _ -_t,.•:~;.;li:.:u_1.:_:e~~e~. ] _ ia: l u ;_=d ,II t1l'i -=ne= F - - II to M& al of giZiut propo!aIS :=f _t.;. r. . _.;L .;:_d. t_= at =-e ' an-el _..:.:1= the .er,: 1. t' _i:ru,:':-.e:: at;' uveez rrr.' i- ,:;t it__d. _pen 1 -'==]e=:: :e_e=_ncn, Need of proposed ar::• _i;. a the t all segments C' the pliblic u s.:li rui-onty au;.ii low income populations, aind th.e E ; abli e t +af } i~: nC}ffi=i n} application. a ]-.r-lnce and rei~ero- ::e.a that 3s:Lim:e eqlrtiitab1,e opp,X.rV._:a.e: :_l ~n Pazst fiara,din by all lJ Somme wadq t_ be e.., ._::.:_.I to each. peat ni;] ]i__',:l p]i• .:rte. now 1 =_aru. _ =ti = it ti »:i111 1, _::1 a' u . c dt ew ne : ure -d ..dih ]ti' e e .ziea of B. _ of baective citeaia and, tars ' for grant a:}::.1.3330,. . _ _ t. W al e Tlicidy based on loc;. 1-c. io = . - i far public: r_.. __r, b gimsmay be made rnkn I. M. PI --t e:ec31 Fr- r.._ °°e1:.=:`-- 01' de elop• a 1: i- I °t•.-_ }e.'e: 1~i:_ a=~cr (1'; -6~. . , resent or future nee _,a the acquisition ..::I ev.._ .at : = . _-cr _:n th.e b.' i. _ aad de =:'=tn t : = tll p=ropett:• fr~r , L.: amt ~e re:,a,e t~ a ~,_.:_•,:•ia~.e - ir. MIT s;=:rtes_ ar the 7.t - 7 and y 'til.. ReC. 17_..q _'IC,.,] ___0 W l,.i. e a a moo - , - -rrt is. obtained from tshe r. . regrr]a¢ ,,:r - ryde _ - a 0 .n- r ,t K A i e= r p]anu_ project } c:.,1::. u. plic.; tcn. .1ead]ines .;_e tlve t : e be a , a _ ` -r_ l x_ . el Te t ley love iderrti ,ec ll thre appruprr,:e app.:catLOu. the !e t `_all ]e •_ns•_ to a:=:=a 1hih fu to 7.- de la° n _a :17e c* u.d P = 1 , _tZ t]se u.;._r•tr+ ,_ul,}> .:=rtr - the elprc.;.. n ih c' by 0 141 a rave. t i n al'lnc t p. ra ,renne. E E::::,:Ce di.;: }°=r_n._.._ - - __.cr:..;.e no me of he .=,rlrt: r. r.. 'i :a t_: 1I li_ ,r_ t. _r n.: L tL r= tci h n=_ ::t' po r 00 _.:i le d ,l x -d. _ a tt nL 1-o-_ _ r=:uuir u,eu~ f 0l' :tu (Dpeu F'rciwct elecrsc rrlr:ce':.; t_- Ile _le A ___:_m 101 deAb"up t:':xAT :nu_ .electcsre 1 e::. that ensmoes the A h au .ime a• vm 6 D n of 1: p :-i r-. ,_id way i=hide•: F r J` l~ fr ' f' f I V ~ , :Ii rF i r,,f r . ~ ~ ~ f s rr E ~ r :I E ~ ~ ,I :f t` ' fi, , . ,f . ~ ~i: ` v Jf I` r r. Pr: -nim: 7J:i~Lu:, 1. _Hi 'TF_^r'.. F"F.+- TECT EVALT-AlION CRITERIA 1, PUYn e n C. Ci:•_] _..nat NL Pie ant to Mich its ',err;'.- . r•.:_.Y __c- nOU : erah.i;._.a on _i ,c' .::e"• _c,el} c__1:::n3_:: ?:itii x,•_: ]e_ .ea :•tlrK: }".1;ii_ 7._'.1 a. _ ru Ai in d men the =r J =u-n lit:. .f the an& -1 _J~LWAY And Valli --.in it ler&-me t: Ih_: -ilua:_crv tlae _c:Al ai_L:1ei a n de procedu:ev, ;-ee it:Man: A ._.s:W e,... i_:._.-,. ]e_.. __.I::, the ..__:l. anA _.:ip- . 0 : .h L Lrte ec._ ,Ih~,=_te=a a the : ,.iY~- : _:;i l..l,ae_ I ]:,e~,V7 grdt a=z a, : ,.7 'Tyo .u L + epe:_tlas~ t 11e = : ,.iYa:c to t. - =:-=r t n,f:==10n _say ]e~ ~i~':Ya-:.. ae t.! ~ t'ca, iv' ~ e: be a..e::-1_t_ _ 'e:-is ElatV. C_1 e:e iei:.e: Y_ the . t-1:C„_1 _ 1; i 1_:P4 a1 its Cl1apN1 aai c AS p. _ _able ---F a.:ace on a.etia•e , p ' _aau i_c ne - Ilae Depaatrxalent p _ f -i11', ~aa 1re7. ar.c! -at: ('2) Camplia;a e atp _e. i l.r a=__aated gt t ._te A, The eaa _:_lii Wt: -r t & 1 v ] does art .asaa-jaaat ~r,:tlae. 1,.:.__11 11_ the p:.ep: zr_-_ Of 3M, 11 Eeiel : .;._:r, ]1 ra e:: ie.i=:_e:i_ F11. oa mental.Im_, _t `_ntelilealt. ni_._d, _per:;•k an i aaaiatauaed an =uue_r. ref wn. 1 aimer. 1 a 1 e::t ==i s= ~d _na°el I 1__ tLe project area to be ,11 Awn n um fir la,ea&g. co o nlg. 11_ :tui_ cad, cwsmn -::__n:: of C_:q:.e: 64412.. Ile r_ _a.;._ n - Ilin-lze ar: e------u..;e the ::e..._#. l al _ i s=. _ _ , We L "n _ . C. a _ __T=::C:: pelt -Ie.,ma mid rr ~ xal e, . t : =:.i i in. uuld. v 3 cc a1 or en. .n:e_ in I r•tlie in Q ,1.. 1 e - _ch I..: MW - _ _:.te"11:L', to e•.t-a,. ..:.11:6,C.. 1, a ta: I---'i t:_ :Ia- _ _C11. - ' YJ;~ - _ P. 'i _ Ir.-r-L ~ ~l:.l _ t p ";ulna 1_'_ :u=: _".;.._:l,e- 1:_1U_t_.,V_ `1_t_'-n.-:: _ _ The r.. 1" la e:t cl~ t]ae ",''Ai the :p. 3ece11..:__._wC.R.--- .:,.'C th._ie ].-li-:. - - i : hen meizve? would no: IL:p ~:Y the eyrMonme-It --:a be t::' :_t _:rtu:.,._.I } _ .e.t'_.;.ao11 t: doe :.,ut:•li.--,liar! 1m:..:_1, _ -.,...,o_ ,;:•_cn:. -u. l i= F_ m :_t t . :ts:_t: cu = Kam p_ ee die ar.•t `e 1 1=er'-: V.:.:__._ do p:_1.__, L:_;_p:._: 4l'.: ezatil-1wi: Info_ruati.aan6_'.: iii:;''. p'. '_'L.!_-It to p., • 'i.... n .aa 1=A rum-. =t_aea. Q a:. a &e -:e1 an . i deto__.n; i"_-n a:I_ c. etlia_r tlae , _::IsL =s cc.:raaned . 1: _ . wii general or a:: 1e, -1 -11 the W o...__.::. Foject _ 7G_.,_u_e w_._i ale : , nz::-.1. Eln±0102in7a! POW" Act of 1969 Qub~ LW: 5_~G: 00 Y103 „ Frajecl t`ioi1 l ritesrin Tlie f_]]_,,":.:= citera ]ee;sal 6ono I:e 1 an 1„ au_-' S x11 110 id by - -a F_' j- r.. fior tla,e coammelnr:. sion_. IK Y_, :.li:a]l. k ' nnn 1 ' t.e pir _2.n: a :,tall.ce:; I_Yepartrae'_t in 41 not -1 •-,r, i. 3h'1a1::: _~er_l] =__cll-. behaves ]:r a 'rare A. 4't71ni:,teyrt la.'itla. Local Iled~. (1 ` =1 : " - 1 W__: i, _ so ; p.we:a r fiatrae need fay i ="F:_ _!.7!:_ - Ti'F AG . St_ l 3t.1=7 -=3 the a :-Ja':_ >n __r}'- ofle - I At namip! ~ - = - - p Palut_: prrl And t._ li:,_ u: niz? ali in wa, _i uonmenr. man: M1 F.w:,ui= anni ..:_....3 be 'J•'.. flea li. r11r~ ~li._ I_...]__.:: 70 -l. e.:.l :::.qi. Q•e R?s!'it.~ with pl ; _1,___ _I'. _ . r1. l.•_ .i •u f tl i u; Which T' ' i zli y arer.: aaeened 5::lau = . t11e p u.r: . to 1: t ccI. i "el:c~pe' r__L.t d Y'- o_je projec . _ae V-"-.-.-.1 31 5 n7l'...q..1 T P7 7_ ~ r9r. 14 a CIE 1 r. . . t i E 11 1 F'r:7naz: M:,::.ual EI-L. ' LF:; (1 = E:,ral _r t:. .f _ , _ w± - r .L_ a: w. I, Wary to shall he deAg .:i„ 317__r.i. L.l;..•717- Wr MAN be z-=-.-'a__ he .:_.°:..it •'=E '---3.._ ?.li.j v nonzwe 3.1.I.:..om Viand 0 li :i_:i_... '1._w'° _i._...._e: c:_.°:el'.a.-A:i N h oa..wy ?.w. ~_:r of af_ank many t l,: :.Ii w - then _'Li_ z tl. li,nuM llot . .._all .e xi-.. 1e_ n Ll - r : r n 1 AV m _.:t c _ :JM=Me ° n i ul, the T --e ati. liCi i . a l ❑'.il. ten;. lta,a.n r :enlf-u. ];_=dc - - ant : Yin ba,.. .:;•CL.:- rl.. r,;e _:L-_-]l:rc d 133- 21- o _V :li• w 1. on Lye C : No nba in tl.e tL 03 .e of J Floo l3hv ax_:i ;'.:.1.;__i:.. .=11 I eposa_: u 0iw al aL -..y and; nl.r .m:.. and et:an li,;'1] 1 _ x. a' a au, he n-- ] and ll}enefL l • h. an k :iioh in ° :nar.ce _ine. e: wad v.._ line: a x;;-:c; ; E .e :Ltive 01 -:eL ] _ ,_.d _ ' .=ap-.er :afAT nne an.: i _a:r..:_::iena 71e nanux - 650-.'r. h p•:•: $ aa:n m c s. _ ul:..;::ie Lr:- be e1i---na:k "One pwn._1=. all r0::::al n;:._. .r=:. ._.e,ui.:n •-ml r,_ vor hr:: aux. r.::gyrNd Y.: ivralano" Le ,t]- 5-:-Lil u.n+.cr - . tli e. caner. of u, p: pe-Tr _ t." I I:-e.rLa , a _-L- I_ :,-e,3 Too an ..._.:ll° :L_ : w .u,.n tc-'.._.-exx a~tL li rni=li :1 -L. L' fi'=:r .1 1 n a if g : xr=.C :.ld,.. :1.'. t.l i.~ d _r_:E•:,i ..lie'. a-_ 'i1.17,~:!,: Lll - .a:]'='° l:r. . ~ ~ i•. ] .ne tl._ .-e 1.°:,:t-. 1 A a toe :ur1°.:t of ;''.l'_:. e...:i an 6e a:_:I W7- Ate recre36.. Ate. 151 be ° l1:e: te ella-uenmental, re En _ L Chapte =:,:i e1 f; Qw _ d,.: an ni Won ,•ue..:._An . and sh6r conformance •;L d = -F, 342 (are C lop a. 50 - ,Lr.i7i-. 'u;c..€:::~.a ._.e:l;~_z;e. _-~l.e,r ~,.r.-x,; :1:~],e t l.i _,:.I d-12L tln a no a:.- WE _niv K EN -named =;i.e. -lxe•e-xt=_'n.t to 1, :::a 1:.:_w: 1 t ccutt . n~ i abkt pm-_i of Wild]ifE L FalLtn_'. L:iu~' fa~.ll'ltle a. e4L.. p o:. a'r tL=di sL Yti R;_ T'. Vllere.. [ ":=Ra e•:. aRIa.L n'[ 41 till w '_e::L A_EL he - t-i_:=- - ='1='w-_- An .f :90 will be s.u:..: mod I: _-l The Depaltn;elxt may a lnpt a isting overhead ,:nlio luxes be die _ :-..:a : n:II:r. 1" fi do wken_::t._ and v.4t r !tt _ . i _.lu7.ee t4 L}e re ams,:mod, x s4xit d. t ;_,.t_.-:] 3 a =F a f ._=e ef_ :t 1 pased Zt 41 tile:.. '-n- ltd-. 1:- i t t,a TL P LLUM - e:. an iarlxich the p-• -a ~ ME led Elep3ltlr nt. ,:.t-- --the en'. The 3xa_ the I .I:wl;:,_. __nt ._r. in by n.aimn conL. C x. Regavoce L_ - 3ti,- F': -1=..,. .];a.-- lx;-h ..a.u:IwL N the 1:.KmL'.-a: n ._:d .ahin:exLi=:- c! the ::-=_F]' he C:: e ; . it :•s En. 1J_]well 76:.. ,:iN. eh_.niion.. nd a E.n-i.::.r1r c. A11 ...:_1e 37 r_L~.i a.-er ;_:]hr cr.. :{_:d -__e p..:=_-.cr, a.n::' er,:=,•.iice_~:e:;: of --?rLl:,. . _w-.. The 1--n._.at.tc= L,: .:u .;::r.: ;_:r..: he 3,h M' .tn:;rai.ce. T3ae F ' 1 -.f in~ntxance fox- Ex .LJ:we:_r__t.t..rbe -r:Ked. . ;.t._1s: a7enna..---.,..abe 111 1110.1..1._ a ~ 401 CT dW . _-MPI pi tea %,aed in Pi- nn m .e.,._ ::f.LlenL :.Dmmnal__vn 5 _i':. I,:.;_ald _-i:: of _ : rLili;•. u . itin.~ in the Vate i me f' wh~n •-t ' :_1 ;,-ar-L. _ rtl_:.-1 _ x.;.:. K ,3,--- r.,,.,.u_._ by the Mod 1- 1. _ . tL. ;:I : .1 . , D I ..Zen! r i - cmnil.ere,d l _ I,,; w n . , _ . X _ _ IL _Ir li=M dment The ei-'e = tli ' ed r. x,,._::rui::e and :pc'.7 32: CL _:131.1xe: , _..a.°,i. _....._r ;e El '.:•.:•n. .lll._ '.]i r::.•,.•Il. L.., l.i•,.•n. ~ It.. of . _~.t G:~.; .._.,r -u ea: r•u :_=eL a ,u,~-,t,,,: ",~:..e w m;..u :ba::;- .:'LI :LL t.. _ er_.i_n M nag MI.. _:l,. 01 =J. FI.L_.°... LInA. _ i.,_ ?.li.: t... de- wen . to r rL,= 0 1:;,M1 _::Ll:r e 3e.:5'l-Ed au.i _.a_i;.ir_:' - T Fn dlstxt_lae'= i_ -a.: rnu, , . _.tcred 70 in < < r.: e Rdtlia at and `?.::-l.;i- I..:,:. - ° et--- - -=-;_Lal•. a • :.;alif~e t i _ merit. n twit. *M i ii:n i.-en--, :l of 1 :Q=r_ C riii i , i q.;..L- i -e r 1 _ _ el,.: r ,.xFltll n - p]ia 1- :Aex•3] w- - - =01:q ilj ,f' the - .rl:lae,. In ° i Ke ah&01 10i Nazi r=rgluh, wn .r•L:i:. _::._...t...; i:: f_r } :_:rar ...nrin e -I::::. -fir :.car =-=1; _:tlamms of m7t_l , m u ._.al, e al.;_. - :e ai_=. local mr P171 71 WIN 40 T! 01' v j m "1 -7 r Jl~ fr ~ I~ f I V ~ ~`i rF I Ir, ~I r . i • i i f s rr E _ •I`.~ ~ r ~I E ~ ~ I :I s t` ' fi: , ~ ~ . r ~is ` ~ ,rI • r` r -rsi: Le-Si. Pii[:r r:ml Fr_>;rare.: M:i unI l_C , IF.^... (I C j_n~ m Ie_ ,:rre. The d.e-,Tee of . _tl- aU,-. t= MWe _V=U Oxon! r:Ii:ea tr de-..E::::-:,id 1:-e .•,:•li::de:e<3. umdo: '-hapr__ 641:1 1 p::..,.1__.. MY _ . _:r 07i:m. Dgmliuze__- 7pprr 0. al. >e _ j e_ - :1 .`I. h p'w . -N & ti Mms The t" 1 1m g ??log alb M40 no A X: -n a pr,wt will, b- Z. i ] d. 1 .•:,r; 21i:.Z ,::e: ] _ _ .-_1=:.¢ :eniCe.t:- i II e.:,d, i:.n l l- :ut_:_>Gal L _.le: mix= _ _-.Ie di _r u.7-..:_u 1 1 - .n.7 _ n . meet _,J:l.e f.~ C -;l :no _.lli-- EMM -ill C:'ti,D_.,. _ -..._,LI j. of 1re".':ER'p::]ne:.:.,._e Cli~;_:':,. _.,'.,1.. 4 Tpl uo.,al A11-. :1 cr .TI m zV to t hp I' tnRat fia .._.,.;xl___ =_ret_1_ :_:1 L_.:3' be l rV.'a1. App-. _w. : tht tie t-e•-. 1 - ape. i sele -_c¢s. 1~ r Jl~ fr ~ I~ f I V ~ .li rF I Ir, ~l r . ~ ~ i f s rl E _•'`.i r r E ~ a I :f s t` ' fi, , . i~ . r ~i: ` ~ ,yl • r` r my Loc,]orbAmsPm,-f:ur. Nhziu:,l l}t.:' ~E: GENERAL, COST FFJN °IFLE 1. B,, ;ie un,•e~: r, _ ? { _ ' a r, : d Btadget The -au : l _:.:u . a1_: ~ ....i]I ..:ed . de=e]rni]]re (510: -__.u_n_ _ ,nd nn-.t le :il._ Tows '0_._.a1 an C_a'.,_._._:n can it __.na'__. .it _a x1ect 13]1-=1:__ _].;::t _ e_ en: '_:°_:,i;_.: ZONE! _ie H pe:nn e acquit an Aram ci.:'tl'. _an 't: 1L-:le: r_ T--* pan 1 °_rr :u.- r . , r _ f' 1. v; ill be i q:: n r.e , n in_ tr: aim Are p L = _ . u; de="_ui n e I:I Iir n- d r: 0f l] _ - _ __:I . UL11 I-- E p. ,.iu .=t -II[ _ : ai'. ed aattsfactory ti to t13. 1 _ }"-r:.. a:.. -'L- r i r 1~.SWhe t:1c t 1 L 1=,ac13, far P-u-pc::es Of dee:tlll::ai_tl I Ct ulmu5 011r1 11 C~ UtL 01:IL F:L 1al,ain .r - , 2„ 1":"],Ifi+ L1=LLp Iif r. Q n O00 F',TI 1 T = - 1:]? Ila-.E 'W_V! ] ,l:r=•_ ...__n t]L? I in, the 1n-.e_lt of the -Dap-i--rment that pity : ;mad qn f ❑ ` y'°e~a~reELL1e'::t : wn ?e '_li .w; ar propmm 7ni:.'nncc be iW3J'_?:i to RS:i+t 1-1.3t Yet 67OL C Ins _ L:_ e=: penad it tL_ an f - .dTOnr 3. tlndewle:_. re.:_._r:__mi x ::e.1: , f work bepim, or ,a $]e ; _ _ a1e:_t doing , _:__1] ;:-D1c : e _ _ :m',: _::.:e l co11]p]e.e--i T] ) li= _t_ eeta. unde] s 1 u1 ica:. a rn r :e I1 c] _ _ it of when -.--ev .-a A. zhn~h - ._=i- -,ie inuu-red prior dudmg the } je :1_: ;T. to 3- of t.: __i = :_e : racific _xcel::l. or A n::•a:tl•.-e c..rlsty are r- :ligiole for A Ike QD , r r, an a 1:_ _ v a a Is ;'tart of adttlal max hir.._:c:: pn,six.al . _.e 1 Ia:'r r he 'easing of met:__a l beal]n:nz i' ,un.❑ r...= f 1:..=: 1] -..:3 the In am a::- r -Lt :D_.. r r ]ll. be _n L- -1r]-unq aud. C. 11-r.erla, me . nlc_ .__:_t_n e x::•,.1=11 le w,ni:-r.-_:_ ,::L.n a w tl,_:eF Ln1:1:_. :::r a =_x= the :OVA L! Ong One '__..i me ,:__'I. a! at }_:jec::. r._.ei ..:L:.... I_ ..1:: .1:.. :r i; In Of -:11.e e°.:.__7 .]._:e_:li__; ::ts V . e.,_k _.,.u . .tli_ated,. the cc:t: d1 be ,1::=1, ; n den i .::l.le at a later ti]r ~ . .-n e er iing as iudkatei in tevynt E d I w. If, &mhp the : uct of . t:: c j becomes apg -1: mir ::::.r R .i :.e rl..:_:fer O .1l'llf::_:;13 ii :m gym, an be a conzpIe`_c a'. Ut u_, :,e ; .4]" t11,e project ;N o$ he _ t,_ ,~n _ }::t1.;°---° pa nn F, ado t,: _,3. -r 1s]::' .'.,.kn.:: 71 .-:r 91 n]] I---?L .L---u. r'- =..:e11 e die _ l°r_.._ -1 of c,.li.iit n ==:.r= to gaject f0 PUTPU 4u, c°. Th].. ...dl"ar. _I -lv- - ..;_,t 1 ]_:r. r: _ e_": hn he duo Plievi to p~c,i in E o l; L:a na rle r .::.r ,1, e_ . rc not ':YL'CC?:i 111 --:_l1]1 he .at?'~kt~?.n t Law 1s _ r' :.1 ]1£].: -t AV L Mom umt.. 1i _ L_._:.__" be ;'_:l:'] c' e-:_. and : a nn i..a _ .1 ,fti L' tLe I . °c qui ti ru - iasti are irremred =u t1 e a:lte when the eadIstofau-oft11?f ]l Diu tr: t:'.=1 Ja,-s: B. ','.-Ir.e_ of F:__n,° t-'.i, ::r On::] gi: :>:a. fgt. _ _ . _ _ _ .?IiC. tit i'];:•I i. . Ili: _ ]ii;. a, 1 c°'C sp otwa&° a.cL'epts ,aeed.., lase or {}tiler" ltf": .j?] ]r,M e: E . 04:_2Y :..'LI I.1 ;1? i:`I'11.y "ea all. ero 3vhe.. _'c 1.D:_ l.: n._ce. 1m ..:a{..___ rmv is e:03 y to T'd ; L e:= r qon~n mal E : . p -;-axrent f- 1 pug a7q € I:.mr - l: e 1=:.t. 71,e I _ - n:: H L r ° -r of y..~_ r:' ir, ,'1i:i_: =icLU le Li?',:-L-:en: ::]:cr r_ ::;.;:na (c' TO pigs a :•r Lll'_{&: he first cm ftll pnn.eut as the In__.; °.a_ m II _r e i .._t:.:,t__:_ to le L .._._cl -,-ulve:L in all q] von :_Le?:--.1]t CEO cost of ±e _ t__::. if Such neri__ a _:1] 1]. I],:s. I i.:'7(.I.:_ .r_ el. mwa .n_hde . pma o the ymmhase price, a:_.:,'. as a u:f: m n =1.nakedi [hyrK Y3 ivvrn~ve A f:e,a by nis Dc,,,1._:__n-. tl,_;: an c13 Vrontmewal }ac -:L= __T: e:' nscr make first psalt:._. _ : Lar.n]ec_ n in _ L __L: de he - ,1o.__:_ )f a ;.]l e,:_v. _'_]r.. Onl'e_. _a.Li:1::1 - ._.er C: Wy an 2:__?'I =1]]e 'C of he __e-d Vu m_. I .aLit3tive 7p,=1.-.. 0±0 "a 7-E __Lcuaed at he =1_p1 ,_=t - Z1 _iln= the ai er does not 31]ally W3;-':I1:.,L,n}~'7 ;1.'=: r,:nect. r i r, ~f ~ r . i . - ~ . ~ f s rr E _•~`.i ~ a E ~ ~ ,f t` ' fi, , ° ' ~ ~ . ~ ~i` ` ~ yf • 1` r` _ - sweut Costs. It, is re,-, nzed that :.c>me costs rLr..; 1:e k -fore a propmel:_ pll:'e: t can be :ubaaitt 1. the reMies 6e : crL} :;:.d cost d2ita. Grantee a at it x7:,1;. incau.. a r.i : u ::1 .pend5 ,1te . vex- a:. __-rim, to the €_fS t.' 2 1 i.,: azdI h.i c.'rex a are xz,='.: Lie _::t: :.Il:?@7Le ;L? e' lie,:C...n-- to the :.t Ale the -1'e 11 iel the Towow! inn, and not Mai zeq=& ;z K uc._t`u'ee or a r.. e Am ;I, . _ akaded S~A 0=0gee 1 L ed pi or to project ....n - '---}'.;:nLl- tai: e,_ll._z....._. li7NLl fl Lxlellt. tii.i 11:? t17.e e~ec~sttcn. Qt: a. 0: LIMg C= )f 1KX and !Uy~hs. 0:11 U I M OZ n ne: - i i:eJ ].e -_t r Of the ;1.•']1eL z 1, ::ur.' _ ..t= _ ]l_-,, ~J . _ =lae :._Uilit% do - Ori:. 3ec1.1::e:i ncti -tl„e o _e r c el: =_=e ni. 1 _ slime to .,.i'll u:,• a,= _F the re: th t].e p i been In tll~ 6. supplement & Pt on a:m:. - onman :Cale he S lx1 ..'d _ yu--1.'.: y e l •::I : nite ow fe i ? _ yin-. to e.pec::-'-I.. a - i:_'q u.. qe_. vn al'.Tut to _:al;:,:rnx?.: r. re-.:e,,; 1-:e ar:::::i:_a. 3ms i s l :..:lz -r } =1' I - - = m a:.1 .r=nev Ole t - a of M .:hmg :.lr_g.] a .iu ce to _i ~:ek ;i p:: ,f tl,; . - - e .L_ L L time t E 1 : _ran~ P17--'rs ~•rnr,14aar,v CIE r Jl~ fr ~ f~ f , V ~ .li rF i r, ~f r . ~ i i f s rL E ~ r E ~ ~ << <f ,a t` ' fi, , ~ ~ . ~ ~i: ` ~ ,tf • r` r -rs Ln: i1 F'rrl:+= r:m F'rs=rn,c: 7J:r~ual i HAI I R F L:0 NAT 10 I f A TCHFI~G ~H_ARE1' LI~._IE`:. L WNW- 'd C?. the . _ _'l. r : l1L`6te2.1.;}~~ Qn tL_=;' =_3711 zr-m:' -•.a atlrem than the r;-i the Of371 W4 -_._eed _ - _f r:e r_. _:I:le _::r: ani . 1._ _._el it 1._ mr-.__. .:311 .._.._.I at rl,e eu1_k7ee-.: - -11e t-,:,. en 4_",. Ye$71UM ?r_ Of 304_:_d M Ye :.eM- ME in 0 :.aMe Il, ~i le 1 71- . e swooi X•-•d. WE fin Wok tl L11?_:_ _ i7.. ]r 7 31 :1 - } .;a1l -r l :,r, -edu- . -.n ]i k =n d :,r. _=r.a 3 0110-1 of 112m:0, a _ to danate . I. Li "."e:'aa..: in r hi rs 1 be a .-"ii:_g I::.:_.-m. 7pe F_e:e: to } c;;ianr. re...vmlen1i_: e".:ee~cru: 1.7. er}:.__. atTLE: _ r_ G,I- tiriie they axte project of --i-kiad contri nltiana of nrater:a indicate the fair rnn.-.rlaet 731: e a LI•obi lr, of D1111iYr1~ll1':. The --:I e--- isfing .e r,o.nlpara a ~r7.c..ea . .1TIT elr--rr:a.=e. do 011,17.2-:,.. in-band u I it:_ l:::l:e.*• t _ r . _•r k1y 3r _e: Valuation Z1;: r-' F-eal err. _he Of l h- %o he A :re _:.-:,.ri_. _.I,.-_:i•._:m i_1i a: all 03 L n; e -'al - ein __e L In . _~-r__1== ] do To q - 1° ] .I1 e the } 1=_° Re rr1 ] e: i .'P r;i.-r 1 rr.; r: ,r.:: I,r r ' 1L1 - 'f 3u - _i ; l' Iil.LN_I '-!e - 1 o ( Lion LL1~er : of =P-n: il ra: ni and m __....r :;_r:l, ,l._ r ea at 1111 . _ rh_ ?e"3r._-1-117. t_: fu::._ aiic) the L? _ ,_r s_:u ',`AX to i.n_:.',:n be_:.= t Irr e a1,e:.-- =a _ tC.:'_ _ te5 Cae r_r_.1_t :erLl::_7. re ;L1_.'n in _:1_::: r ,.:.::11 =tb.,ai.""...j be , oa Value, e Depa1-ahent L11.'. 1..=r- ar~tlier cmnkned '37 the '}ww m;.ch u_ : 27 --1-'= i] 1.;.':31.. sees A _ I r ] _2 :n corntni-r r-orl, - in a~ccoixl %N-atly. L . - d Of _I n:. _i -.I'.€1p=x17 The W:, We f_: C_15 I_i:_L. m.1_0_ 4_EEL 1_'4 ue:e:--'on be•lo .1_n-;._._ p:meara-1 n - ;^r : t:. Erumea_: 7.;i=_ ally _ m L' L=_-- n: _f nor is bathe eQuipmo~-. A. O ru-11 L - -,.-.C i . charged - - be may be t••~..__ _ .f .._L.31. {-_I~ r. __Li.-3] ,eL u z F :o0. of _nIm i 'n. ' ._c n. egai.pare_:t iha-- .°J__i,u.ltiu... ,__d s :,};ale_: an :C . u.n,a:___-':_ .31`•:•L'. Each Il.::•'. i1" inc A 7.ie.. '_°_':1_._s ..:_e?':`I]i?,, Lhc -t--. ±-,-o:;, -of ll:,e alik_C,'ie -',n::--: _ ,i _ 'I,: = lire- be - sums li: of ' - i ' - r_]~: _ - ~°..e is _natiare of the _pe:aD of Cie = T_-_ - the .er'.__ ii 7n _ °.I1 .L'• .3]- ]_'C) ?-i F-' ia:t. F dt . I _,cl; _:I:1; l,. ver:: anoL .h,__ ?c ti r1 ]n.. The : f:,- de:e-uxi _nz the c1aaa7z . _n de 'l.e r .._r,-_m g 7ha a-_Lao of Ct1_ ]:.e._cr. r :1,--.11. _r 31 °Pr- ze': n;,tT°i.,l Vii: ,al7ent ar1,_, °.:::u. ,lmr e : C.:::_n:. :r_3 i r,in...e __lnan__s -r: :w" _ i - :m,em1 the._.re. t ..e b:___ .,e 37 . ,ed:. nn.cha 1 ];rc_-i- cn ''it'wine F:_ rr r _ 1sFpen=1 : i : _ . P ate fcr" 1:;177ee°° d I_:- : ':i.t l1 •;it]: th :e le~,i]ar rater ai+i t r ._-_diar F. LW of 4p ati In-]kind comtrrl t.:__. -ce :L1 r a:tt,. vie; A ,._..,::r:: Iu _1;e: z •-ndue -11-_7.1- : a jncj cn-y° to the extEnt of t]:e b:1:::L': L.L1..-,.i..]__.: "eIn LLY'I::,_.._: °._r. :ie'.arte _".11,: 17_'1.1- D ,-.r :e _ , rigid d r _d1 :.a d f l uli 'L-.I L: i-- the - .rnl ~ L° _::i t doruatel, tc, - -e p~ notect ° F'- :;1 ,.r in11m: i__ 1, a pm ];a _._.r Am ' ] o.__.:_: _ q -a1' to :I - _ .-_a n-'_ for . . :1o~-~._. The rule .1f 3 ; :r . .1 t:na . :•.e :err e'; re_::at1.:..; - --e:1 ---r- ;•n.•,.rLu r- - - The be • 3] ed _:_:-r3] __.un::aln1 nOge A die !aK t_.'°_ _,r: _:r :e::r:.._:er___re : : and the a::.r_I1..-_ ;hare _ 3 11 )ITLIQ TOY ±3 t _d n nli° L:. BA care DnV Y AT ] ] ] j u1 do - u I el-_ lf_:7_ I c:n the -t-°. pent, pcii-:• ]nar,ei}redlac a° X71 voi~ _a al;].. I t. "n_ t:e:.Ann ii t:,_ rile wage :p•n._.. eadimres _ Qn: _i-.ng :am:e Of senice rr:: be chKIV . me :r :r. __:r....1. _re:. T ='L I C t = '~,l_ i )C _ 02 = _L11,0 -n Minch rho on . __r_e: l ' . '.E:n1b~1~11ne~t = A VC: .a. t:~e their for Fq'T a" PAW 1 a IC,,] 'nc r yL CIE r 1' l~ fr ~ f' f I V ~ .fi rF I Ir,~l."r . ~ I ~f s rr E _•I`.i ~ r E ~:i <<<I st` ' fi, , ~,f . r ~i:` ~ Jf1`,',r -rsr: Loc.,] 2'i.rlc ;=;s. u.. Pr= r:,= klimmml CHAP IKm . _ Ile a>1 , u x ti m that i. matchable is the :f the dOu3161 11 : a 'Unt OF cam -apernt by the •arayc~s, whicheL e, i.a revs., G. '..lulti-Site La r,:i =1 m To be A -c R3 M - ,_::i.ra] :e. i:_-1 sh,311 L -o a _ = =04-ri-e :pxwt m 1=. n- : L d _Lrru _L. _-1r'. _ d-.:e i t d1 = - _ . iti aNe of F'ul,lcl:_{7,,,amL l al-1L{•.lW Ile 0.ahe of lav.e ahea u _ rl _er. L] _a: n over Vow 0) dedVar } I.Ii_: I: 1. on is oiri i_ .-?I: i-f " tte1 a; a public pmn er _?ler_:]i me ou 7] a. a pr„^11ic .,_d.. c] L ;-]::u 1 W. . :I jumi On die ; r_po e of V& g ::I II 7]r Lam! :e r .;:ea. is PUA~~ to 1MVP P: -Ile 'win be ,sn r - ai _ 1:~1]•: :;":C li ;.Il :I ELI'' . e 3e-:_L1Le.:a. WL'_:eli" _ g:bils, t-.. mn be Opener an 1-: t:, .f . A:=::1.;.=:i::en iie&dlt tlucr.=11 ;lie F]cXct -.-__r. ,:_..._L t _ n . 011 aho be a}lowed in such cam. 4, ViILL-dan of 3 anda:mm- DedicittcLL cf Rea} F' L I j];r. ] tv. The value of real p3-operty to e -,--aired as a e1'.'e -u.a_u. _,i C.:Eli:. ap:TY. I .:L.lt,-a ca 7:~==---'_LU .l::I;_': I:.,-:- -.taut-dr:r: ~ _ -Irt:: 1:1::1... .1 -?kll -7? .L F:- z.L,- All Uli 35142 7 11 S' r ; r, ~i r . ~ ] ] f s rr E _ ~ r E ~ i << <f s t` ' fi, , I,f . ~ ~i` ` ~ ,ti • r` r =t,,: Loci]F'u[.-:~r:aur,Pr 9Ja_ual C2-L, '-1F:^ _ L Deter'minin- -~kmonnts of C-ms . B, .ill ?e 1= :°:rP _ al. ii i --t to t1, _ ..::-L-lm: _n ill An 1.1 _ - .r ? tc the giant to . e:_t benefits i:: the T_•...: :t,:;c,u6: xecervec.. ' - =t=:=-::. uII =r c:f - ' 1 F .:cr . :n.-:-.early syp d. I, vxnop~ =.wr;r a tl.e y cost allo:.l:la r. a particLdas project may not be a»;:'rL:t ::.t. f' am n CIx,_-_' ; l.:ject. In, 11ifted to ancd . p_: : _a awth= - . t _"p.im to .ir,.tar,:e: - -re :^::.,.:r AS UO such -nn IV of the Vane At._;i :nr_~1-nC3 ®-y r ':li; ] 1;;_-. ox&r, =r" r :r f.... r B. Ceilrxxa -ri curt t Item.. The mm -a; o! o i C. XT AP C. Q n -r- 1=: r N:V r: x oe w_ht of Ash JfLout&I n; --t _icm. tlxe exT__:dinr ,.-4:: .-,-n:.-i_n ,•,1,r _:ff e r06n ancMje _..:eed the sp:-u. _ --india: ism, or K COS-.t, L... ---3---: r.: _ j::: -r..:r:..e aI Y.-Erie: : it .:ea, L rna:bet aa3txe of do :rent ale C'"i - ---d n~._.;t a oMw on Tuml NlivIin= Wire FLOM rLe ccounr.. D. Tr -1t- i:: of I7._ V"2 ru;" --irl'1_e Li an .h ;:1 L I ]e r cc :.t e t as v e ~cw . Q. n.~ltt r.. - 1- iJ i;•=t oxco : ; p.: ed a po-. cetiling. 1Er , 3$. ~,tud3 hn,~: i Llwt umhiu- -:11:x,9,bb '-m: Tie E i .:t_,;.:.ix of Cant: - M::t "o,.t:. M_-t c ens a:e bad: :ti _:en L 1 --n : ,-n ran :•r:1: f_n c _._d .pec_$ ill. wi± sa •r=e3 R&M a Bete-m . .i. plies ~ to : r r ~r -1-1.;_ i'_: nd. crrr:t._ r y own T _ =;•I =:a arm 1:_c . ee .ix W_ T_:e xemsAn e . .__r rr, c an Pc-. , r. n H .t_ :e -u. , edl to a Specific p.'• je• t, :c,.r::e be the alt]l_rai:.__.,..:-ie an, tile f _4, _ - .ald other : f_: program ..:a. x- = C=t nr.•,:: meet thet_j,• u_=::r:. _:a: 4 Wo ^.okly COO tar vgi.xi-,1"u -ind D el:pmmt F°ruje.•[':. T_== k,•,=u= = r. _ ":-i1:! :•.-4::e Me (1) B= nezevaj and m and etfzckm .;1:. ,e1_rr.. :t'--:_,._ r. r... i-: r.= do _e:._:e-1:.-Ur_:.e: a axi . n a ::•'ti;e pan F _ mn b = bl.e the1eto, and in, T-- F .::I •:a - . i i _ m da _ ...:-1?li_req mr m a , ,1_ h COD? =n. .?e Chapt_: - 0.. AI - , Ke . q. -r-- to a.::: oil[ the and development 1: i----'.;.Je, but xr .pc n . iL c _ cr no e nc t l era (i E ; m u e ex not p-€laiba we or lc : A . . i, Pun n.... C1- ce. - x,t . e _ ..3 the (3) Q&crn to the lim_itatidrna of 05`: ._._a ,_:d 1e ii, - t_: the _,r: r__ time .pe_:t P. . 01 other g ]::.rt= ]i-:xrtations i:: ecnae::t e . 3jec r.•_:,e. amp-•,.L_t~ _ - .r ire:° The -:".r ..;..:h pe:.:c. on in r.--c„: Ne tart 31 is t4 B - r - - - - :,:t. . .._.3 prociedurey 1, re~• nO le : iee lurk. 5-wwi in 0,.; 41: n:fin : : 41 pry-.at . iStrd and, non- p::_:nhent _ i.1e u; r:i •.rr] ---:A 13L.] p w:.. i r.=:{.:r:: rtr ~t t];e . r,.exmruemt cfa lii h ey :Emmi:. ,n ) -t~-_ _Me, : n t.' r=y the- yc eI.pceK i,: a ax en_:e... -e;': 1 t,;•.1 r.:: av t:uxe ; tr_it_-race e,:IJ., e..eir.:e.::d.. B- treated c: n. :ent1 duce lx the al:=_ r of . C ptel . :c: wh 10- -xPey apps C-1 tE t: tL,e alar -.:1 -':,L r.. n7 ry:x 7-1 . r, _ rt?d ue:;ill juz 1;-. vh.e-- =uxi1;. p • n in axilar jW (6)° B? t:et )fall By DO OPOV &~wwwv _:-1?'..1-,:.. , •:I-4 a_,.-,1;, TMT^`-- . .'714 R.1 , r J' l~ fr ~ f' f I V ~ .li rF i r,~f r . I i ]f s ;r E _•~`:i r r E ~:r <<<f st` ' fi, , _1 . ~ {i:` ~ ,tf• r`,',r -ass: WK F'nlcsh mn F°r_"-r:r,m kla_ual C}i •i~F_^-,; K F::=.- hinge 1:e::e:i:. ...:=h n vacations, Line <x re _t.. dh...ae: tan egalip~xvet~it sae a.__c,,. al: ~ ` _ h r. - d 1: I 1~,.] k-n a clx ale at l :ie =1~1 =_::i r n• 1' 1 c:.t tfl::l-_r ax i _n -fired axQ a Chain I a'_, w - thy iob n& e & •u•===u 0. -c,i _ n=1;- ±n r pre Avon w Y _ tiler immi,nse., r5rewu Q_ AA vol 10 ,i l em_: -u _ . c r - r- r= _rl.-;, -.L be :.e 1 cd r cun-,:,ee i.., :-.e pr::_. -aL_edtc flxe _ nm -.t :d_. h:we _r, . 111 L _ _-.r Lll , uA . L.: e _ ._K are _ _-&:e ai; r. le"_ l.:.e. ; L _ _.I -i;::: L=O3 t=: axl• W S. }-.]_L 1-=. ; - ..n._e. FL _.-e =refit ca- a _i__ect Alwyn-.. _ letul,L: Il ] :d~-•CLLh1eUtl.: iLll; uLe --I J:=-_-..=11e be -,d L to $ e tit: " 1 -'=x a. t fione ®111inz: 21 _'w a We of Egv±vaent Rea,.ked _koaa and.leaa•e shoWd not " e Men c &03 lea in e::.a:: Fi l I=:itiall ecjm,"7xtx_-_r. _n-Eic.e': of the maxwcst earned o-i 1 - :2L3 - e_=, Uh __'L [2i :l13 i e , - to i 'T. p:.. , = I:I1_= C,. a.1 Service: In. IS le case= n''hmy the 1:1 lKUYI _lanA --.t f_: 3 .':..li.,v 5W. a zittanc _ t a :xt.e:3 r.;i re a :u1 NY 1, 1- e7v -eanxi 311=: re= l~:e_;t 1 z;a uaot t 3 e 1. _.n~ _._arru„ - 1 . _:u. I ru,;i r u;_=:__ t::_' 1 _=n 1;..~._Lr n-. li•:.-nL~ L.~ :._cl... t.:.-~: LU.i-.• ---"?.,3d ,of t1.e C - l.p~:1... :li_ u"e. pP e_ :;:I: 4D1m.r --'runs. o.f. 1 .n. hr er _ 0L oism An Q 7enLe., -,eli_. L1_ nOtI.L e. I,1•_-: rn;- l:e ,.,.1-'- t :"l:e a er:. I-_e ; c 1:`,: 3 - e c:x,le"aod of f=.=:...r'•' l:-e 311: „ _ l _ - " e rt .:f Cie 'h:lc-, n "d I_ Llr. Y: mri' CA nle_. G_Il_.;. u nn _:Tifal__. t1i•,:•:e - _ .:X'e_ :.r:c pup='•_-li _rur t _.it= alh. ._LV tL :le. r, r: i1t-: _L 17_ - [llc F -.mxti _:r ien hn F_ r :uc r.e . r.i - -l: i_ ="-L or Svn on ai _4 ev7aZ ; _d =lr.u ==u fnii. :--l 1_ .d_LLIe:_t 3l:',. ,ahhr.' .oLtl:l is - n=VaAb_e hall f c I'-L i] t.. :•r. 1 11'. n _.ct:.: ll f: i the a: .t :•LLL_:.ere :::f eL' 1 rti)__ the 1:: =.3L11 I::: e:t i :_i-.'3Lle 11x3- _]i e re l.n ei t_ -_i31:e a fa ;li-7. 1.. i - , _-1_7.1:2,. _n:-i .__d: L _ vnn be Lis!e n.a i L _ r ill all r,. e = t e i.cl :no bp~ a ltalxt fee luay be _ -d r.: '.,ral. atas c: pr__ ect - v 1 !D_ It } _ . 1 - 6 _ i- __L a _.-:l-a enxplowee xlnl a p-, nient is specific.T,.' cen'3] Ilea L=1:___1 .s:•L1L_: i"= :_.L'_ ?n ea =€t - = _ d c } t1 : I~epax eut. -:ex 1.. T Z " ;11:. 1 _ : I _ : em : d do h ; _.a I'V_ he c113=__.l -t i,er :f D. Ecilipinent. 1, ec to ,deteiminadon an 3 case by case - 01:i.t_ -ip;i_ i 0:0ir! tL Lcn :_-i 1 L.. '-,r 7 1 3 ill be rcade ar I : -_e for: e a px' per 1=: of L -e -1 co::. na,::,:•.:r.:::ll. ie.Li_ :.:~_.i:r.eu:e., (1 Em UK= 1_.::] in Cc hsct of 1 0: _w-_ :m of F. TnT-el. The :•.1 1._1,:,..:1_ L W01; e1-: n._"a .,..____e:-l the and ite:::. 311_, ..+_.e s hen ai,.,rL_._ LLr_:..:' es: ecof'.; _1o ve -e-lela e>Q _I:1 In a v in m c x'10 ar- ! ~a7n on _=t_ =,-.I 4 u.e=. _alenr P. pcoject_ h • I on _ 10 3 L , you dial- 7ho ptixl__=- , Live hi:. and aem- r__ or Mean I:•:;.I_. - : _ L. m af tha m" 1 l_=,ed Cie ):.'dlre r:,..: 51106 L. e__=One. and, ni ::e=__: xnethoduck it _T.hsi r_ in _u.:_ txip. an& Leal_ i_i :_'_ix_ea neeci nct e lC.tn-, aalc .t:ed:'u the -_Il..".Cllr thin':e I CL1~1=.__"' .J]'i`ved 2'U hl;e v. am - _A or more u e -ible prtlV&d the IF1 L u_-. Ut it m - m Real to purchase Q of Ua -i a -j i::r 1, h - 11 dw w K Ann lease car her.- : Rey ___ust be hand axith, M ra the cosT c.' :ntcl__'_=ri_-- :e_,_t_ t_1 r e,:t, .•ra cuth,e pl o:•:._ p6 n =chi 1=A_.L. a.n• 1 _r: .__e:l Una Vi:h:rr.' he.e _::r.: rnR,• 1::::L S lr.L:r:;A ~-Lhae of 1~xardL._s 1..p.,ent ua_ia, lie ._:=i dii :.=cl .=:aii ai the =u._:unei ~ :.L- _e,,tisu Ken. digliy beard:. 1. __L cr _ r L]? =tL fol the _eIL.__.,: . _ C1 "-.L}-_: _ ',}Ca_. e_ti'p {:ar'_ll c: Lt=11... t:. l1i•e._.. aill Wn -3'_1 :.1ea..rega led to F i e : r" ',:'il]. be ve ,l - -::,aw exTdaiv, t,, _ L 1_.:. _ t p'~, IiL azze'nn )u. r J' l~ fr ' f' f 1 V ~ ,li rF i r,~f r . ~ i ]f s rr E ~ r E <<,f st` ' fi, ° . ~ ~i:` ] If• r`,',r -r. c Luc+] 2'i.r c::~r>~u.r. F`r= rr~ic.: 7Ja_ua CH~_7'-T F S H. C .1•:7I1 Costs include all .r e e:lu :.-._I Tn:_.. T11i. [Leer.:: u` _,i _ iL'.-i-i -cm site preparation. (r _n :L iei', li i.•II IV n, . etc.) to the : : _'1°]" : u a a n& _ui r be •carnail cut 31 Waage Fa xlit.en:. The antes pro-,-idled mist be equ l . 1.: _ .:rra f::rii n : f the q ect throe dllaceed to aas' rile- mat anT An .'a charged WE 1._,,. to 1._c-:nne! .._d nm . An ,;.::ann. only'We incual_d_:w:.2:.=:e_ul'::-_.+c~:ntrac't. Pal Bay atae. C i __I. u,, --a a: r_ c of paeh entry, fees I n„ r.' " 1 7:n= F l - Cl--- and elatec ee: f.-. 1:: - ant m 7m xi:.r.a.::._ti _art =f 5) A __3 _ rrre-_: -.Aw he7 alp,. mate1=a:1~ be -u_:1_:-l" cm -el,.;li c: _L_ :_e aL ed rc: a F PI at 601 actulal price, le. be bel_ 7o i ni-:_ mLin r nnn Ln Lo ZL:_l: ^ 7ec. nal b'e ya'. e::. arr-i:. ,..I ta::11.1re:.. Li _ .t-::I. a i-ini:nin e -t:. Lli.w be ]:-L:--e ~7 Ai c,K:1 __al:fi'r the ',`6) Tlarel. Tsanspc.,rna. 1.:1.- _ ..:1_,.-.._tEe: •OW. F '"'.LU M , " _.':_.i_._: n. c le: 1' 1-3 h i:2 - , = . c 171 tL l' e . .-1..t_.. -i] ":.1 le the e .ran nae 7 f.:.,_. I .i_:E. 1 ".r,-u a an 1 p-'=_I r 3r are {llo. L_ t_: the 1:=q litL:c_ be -?a1:.inme11t-'-r. Ie.:u pe. iiem 1,ee€'.e: -:.t:: _•:_.,•re: aLU.❑..::u w =ne n _ - n..a,:;.1:ii :'f 6i n" t 4_:_: We pr : ru.. ti': t:,_.-- tl,k c__: _phni r_ i :ii-1:e m ; u_: rnnx All ::.arse': rl,:•:e like P, t • - L11. jit,. r) r , j L L- C.r`= e_:pi_ le 1:il are, not LWe f 11La:L_.a Ialteaz:::er r:.=21 _ The cost of i D.1111 -A-1 t e_=. C- d. to a ;n en m ii_q the cat of (1 F re:.:i,.;_ may be `r=r-:ihd t Te W :-1.at_t: per=acal .er a nn :L. ya ";r.tpe: ant nw ,L:: i inAn_ uej t Il As -'L volwinen~ ]-:a.A -:€,ecution -1-1d ~ rmI 11 ' _n _ na -_cn ,,.-ti'.:- i:__a '%n-- piavide_=. i::Ct,_.:n- t]1e pigp tai _•e, A the :1 e : m on a ter I,e : ;u::: Adn-train-nin-. e aW S,.o _':*.u= --`en 5 ___:_.tn1~ 1 _ .a event e my _.:I . t.]_ll.a it . _:_J1.1 :.'trat7re a'llC. i.ia:_. the . - . _ :'arl':__t"_ - • v_.na._.:r ---he u; .a:tl'. L on belaal%of a q Von t. Adl".r1 :.-.ati'.-e WM ::i -Ia a 111L Ann t": L ut _a:. any. c:. =t 13 anxi~Lruluat~a: ruD_: =mlag% deormi- d ar 1;ct t nc.-tpcea I ..'.1 L _ra ruy' = cr441. Vnne:Ind Wa -:a _L: r-;in; O:. F_: sLa--- 7AIV 5) : -••ane_n. :::.r;. F Llt'. ':Ixall, not be hi .:at. flan, f0a :i=ilar pel' L':; = •u L t lea. =.oa,_'. mi on __,-_,a aiui Li,1 _mame to : el.:,1.....i ]:per[:' l "_:u Ic:l'',':::. ]._la•_- ~31 F:_. _ t: t:' F -Ic:? 3:1:n lc rime _:21 _ y Medn aaldfaodex ensc: _ Ilan , tl,r.." : v e: ,were the a.ei.}tazl e i __a .and : -t i.: , r itia1. of 1a tl,'_ : `icn I__ :MA . :th :r__:am C',:•Li:,al .;:a: 11 Coin a:ham OT W m. Wd of Ia_t07 i_: L _ La1_ e c,.t t -u, LLl_.____: ^ t,:. t:, :__:C7 E071 ._pso hop am ...[,.'rail-- 007 be : F:: ,la_..:eL ;a i1-:_-. .rl No in na ie I_ Asia rl,a :,i_ n1_J.e tW l _ = eL-n ann of 11aa-a- m i _ - ==`r mole l *_.'cet, :ruie , be htera:.t . _ _ 11 ear sr-__ W. I ,.n ]r nWA Qn t; u: h1 rt i t]1e P~ny : artect when ¢ t t-`LUY" l ' the p.i_nlt" it iLrI r: T]ie sponsor be ' _n o€41.l 1]l•:_':_?val n eny _e t_Y 3_1___ : - Me::t Me V. real. .all.! _:'v.n_:._q 10707 i.-::..-,. Q : • L . _ e . _ 10case _ F i ;l fl..__ n . of do u: r . _ . IC: ) u d. own in a r__ nde a s ±U eo:° eL al er :u :n it 1 .r.• of F~Aathig - 01 rn=s errs ed i-: Ow wiay rr: bxnndwd - :u nonven ,,:r: d b,_`:_:L :t _ a _::''e'::. pr Lie':_:. ar '1 .xr_ __'.i -:.I,'. ant - _ew: : 'u-. ]i _ _]i..;:]i:n .i:•L' in :~~::au ..:•,:ai,a:? ---au1:~_:..a _--~:e ::::_L :at_: 1.:c'._.,_.: etlren..c.atnL_ ..tuL.; .•:n, _ s_; r._ .e . ] ? tr T an ° I. r,:: L , , mr. ,,_n, 1 1 , F. i tir V ~ r~<•~ ~ i d 1 r , fza: Lo?,l-'rrl[ Pr:-ra : Umuat Ile .:;l .f' ::.t .a w or Ewa T :_d'- --r-.- _ L A -ed a _rh od - .0y .Pe by tlxe . . •:r. el _ all be t;tl';en i re at Y n L. f x W_? 1-.101 ; u=.::I------ r=r - I_:,. a •rl, : _:r.., AT r:: Wr,•-= a_ xt: vlt-; t.--- _f 1,_:c . on On 1:_n in i t,. Ile pyTnq~nhwen __=t vr_.:. _ c ::t oftlr,epac-I'eyt. aqfoa Wig Am t].',._ 1__ pit b t,_ - :L W_.:. the .r1, eater ire- er,:.. F • _ pmynm i t:.-;_n- " nerall c. nor-yd on -ii: rlie . x]:;: ed. ui ;:l:e: value'. : l .e:xxii ed by at, e l If the i a ,.tl:..sc agetxcy, items (1) - (6) under When can:*. .;:d ax condeu.._atn_:: :e. he section = L al A 1`. . , -o-%-ed by tine L -t the .2...:--:-.:- ]1. r be to pad- on t o amount. E , e F: _;=r - r:.:,.-it,1,• =„,.ie~ ~.r.pe=r:.y ;_1::]~.::e_-, at C e ].tal exp n.---tares for acgl iisition of ease exx an im e PICK c.._. I___ -nxcrut _r ri lzt astd txxtereat sxx e,eal p7opert} b Q AM f_r be : _Wn:e:, : f '-_M pm an a eistan.ce. `x - i, r l _ =ratinrx. The alxe of reai Is, r- at" Real _:;"l.r A m lha = ] r =r 'v 71 _ sr, b_n- : e = _ x by pu'.'e ' e Ile - mi: 7o me a.-' laud I;%X:11,1.: 5-AU 311-:60C t. M: , . _ _ __Ne for f n& 31i _ _f _ r::•;_r.:-- e .,.i:r-u:e .rll I e:rn].]ea L 71.1i_snne.. 7110 _,:]k acqunoA : _:_r_r be (1 -_ce land was not originally lx t _:e otlier agency n : r nt i•.:_ ..t n J, :_uti - :n 3e ___.ezaahan. .ecr_::i .:e 41 T land bAs riot been sman:aged, xx ::1. cr dedicated for t ► ..'.e:._ :r,~ ]e d.;:.az; Dedication.. public. park ax recreational pcu o: e ]:_e in public e ;•:.f tlue t1U-0Ug o•r mUdli1 .n=, .r M i•-n 2 _ 000 On mi -:ng 5 udS. -e by (3) -L,- .ell-n_ agency s reQQed by la,. _ .:r.7_: w L _lwm]e::r e I__ r.._ _:.:L _]l._=] Q3 ~ Sin l;:-:U7i_:: iG n_ n,-:danea t ev p,;bbc igany. J='.-n&s: - r•;= u.'. _.u-=..]ie -1i= .-21'=. ca:::at be I,,.-cl l;_d dinT --n : d fl -I u• n r. -:unit its mtended public 1: 11 : l .".Zne_ r die Ir .:i i _ _ ecar.] - - ,:..::1]._.:r = ] _ <:•n e l:_l:l]:.._ ~_.;.r:. -1;e ~j:1::]- =:e:-aq F` Owned ''.ea. The value 0_' -.rau.or ~:-rl r. _ _,•u ru,;a 1..= 1]i._: In :,-]Ile eh _I:Ia Si -r.l.] 2 in 1. 1-.--l r _ p:. :am ; . i mice .n nnce. llu,= nsenn . =v : _ ens.::: i .ice INAI S ter-._ .uk h' be-,.-eeY... _ ..I:, the _]!L. ]=ce pau xtant to pro= r-n. L12A lsMI Wit: on: e_t TO 1-:le .i, : I]• : be :n , _:,:ir. 42„ Master Sit_ . Ji:__. _ ':.r-] l;arnriin of a recreation ' i P -err:^: to n] :_r - €i owl :.o -lieor . - - area f~,ra~='ixaclx_r_. :::].tnce: u]= _g._.,.ested xtx~.a n r,e: ; z = Q It nxarhe: ,aa for in.l:,-; t- ill be rcatcL _ r- ate-1 ruent project.. t-: .p e ..i:t:]1_: ..;il]. be ]i___-r_ t= le R uue n;y -:I rur.:ruit Fumul-. t_:: ..---di l.e ='r-'=a],• '==-.d l:.e ,.:e._=_:, _-Q ...:d malty iu Suit Znn;oi :_r • _nh r:~e h ar. ant =i _n::xxxx on haM]d 0. a.:r. 11.11ran.ce rr, .tia~.• zeneyal°e opiuio - e:.ril. c. e c. :r-n]el. i_:d proper- :1'. cot].:e re:i t,>,gitla, tlx.e ) The re alix'eeaxt o a L'--,2 il, 11istor C.' -aces, anh w4derrce of title e e : tam as nortual p~].::ll - : e . -kl?~ ~.s rel. ~_l_: a_= n']e€ TMsl P~rrv or• ._l; w°rl n, r J1' fr ' f~ f 1 V ~ ~1i rF i r,~f r . ~ • ~ 1f s rr E ~ r ~I E I:' st` ' fi, , . ~ ~i:` ~ ,tf• r`,',r ='arl:r r:mc.F'r:rnnz: M:r~unl CH, ' LF f _ C - tL u _ fc:t _h . mW b N, - Tzp=ew e ;:'r tLe ,ii- -emu i of 1--.e. non, ;.e;• ' due r1,'.•rl',e: _~.tl:'--'. . . .;11•,:•'„1.1e _ ~.n ! ;,-.:rr gi=n = 1'- n3i Lt--a : ,n::-_ _ncLdei d,_ _c':.:._ :e{' :r::i.i_.:1: _eoje epnl:=__L1 uiac-11."I err:=re:. :__e cr:•_-'_ deg: =:_nueni -id ueej be yLW NJ b a unnvf?I -m k bermeen tlse dzp-tLu,ents 0. _n."ayes 37:___t_a: :_:,:ic"ri_= Wdeucea al': ices.., - N m-"i.llo t1:le Expendimrm T'Irese I 1p„ . _ :•e,n= tt.~.•iT. tlSe :tau r., = clr a me : e : : hkad in t._ : a N deetelaaini::_ financial Una a -_e : , _::_anm assistance: a_1 -11 el of :e O:_i _::ec,.tf-es of a A. erelzl Ltial rr elLt~taLUUent TuLiti-ca,l .&:l . ni a, ct _ --re h 1,-.:_- r of other -Ltlilar local goverumen il. Fines andpenalti.e (I Bonus , n . o! iny kind. 5, An :e. ='.t c'. er `ate state contibultion Lander one Ir, Ch -ees fa : _t e y resaxes ca olser shnila ==it i eTrt allowable under oti-i2 grant MUTY. F, Clangei in us mf e 13-en n n. A - ---L wller T. Amy 1 Emma um : __e=: r:L l,e neoums and other 1.P--; : e d I t„ Iegtti_ d _ tt;e r--rE :a rL cr, clams., n L - -.a r .I costs. tJ the ~L 7 t. 1`7,. and professional fees paLd rI ccu i :I -with P. Charges for deficits or c'.-errat= z RUM. G. Taxes fcr w1rici the i i vniid am V. Payments for Iobb,' z in With, the a waL:li-g have Lie it = W. eneu° i c•: _rtinixation. Teneival. =r1..„~ st" or T rlica n_:r1 ofa ac i 'i:i:iT in e:--'ns _t d.. F'.pen lLCUre for C'amznun n 0A .i:1 Me 1_.. _ ie:eaut-__11_ I, LD _ ~ u;c ~ _:d •r~tstLar~~P t~. fh?• p~Iic.iexs al~.~' ~ : t:: .:_:f dL,e:t_-u~= ed. -f W: x :rear- .r as boat: and. t Cai cab 9l.es.. lr _ Le::rial dainag- . -Iurer: aT i .it z : ti-. of ac -"2 :c21 .n. _'1"7.1: 01° egkiLf; h A 1.111e::1er It Bonn: ayrtmm, c anykind. decision. Col, no dauage: :Q a~xn L__e: f_: _:::rn=enc? or other sumil.ar ow ed _ -T per:"V vAkh we carded t i:-. _ zrh reserves. 'iibratio-,.. em:. D, C tat~es fir deficit anal :;f : L. of real pro€"err=- az1_: :-e.'.t: r-- I e:r. • IT a. t.r.e aea.I~h :;:::i L_ E. Taxes for wh;' nizatiozi W_ d not =::r- --y of flie I CQOM~Al M& n1c.:_a t..-.-e .a=. Df re3'tiOll ar=:;. 3 F. e L r -°:panses. :epv . rs ;ad. :.it= .:en _:ed _I _me-_: ruii__r. mec 1:T l _:::1 i:. be_.:_ G. Co: _f"diszowi~f 1._sr.. tL.::_'&md by le :Ll.__".1(n Mr `.A~l: nn v: y Ann- -':,L .i i .,_Ld Ir-:u u, w IL - Id,, ErLr:07ee fn:.:n_.. _ ,t..ri= I°esi,~ence a}_,.:aTlce®„ S pe: -_:.:i t etet __=ue•=. by the Con--:_ L. office ,_=d IL Cam t . _ w;C _ i. _a: not taken. I. -;ct1 = : un , .i : ii. _ , i de by the sponsor, such as tc a ci a - e : _Zwn. r i r,~f ~ . ~ ~ ~ ~f s rr E ~ r E <<.f st` ' fi, , . ~ ~~i:` ~ Jf~ E`,',r -t::i: Lac a]2'a'.rlrou.~,Pr= rg.LL:7.la aurJ C}i'-7'-T F=^- _ F: -r . ,l dbidwon, or t1.e - ^i lara:E, r OF Othal filar : ' $o ce> zst l :lip I_. : a rv of p nwmg nW onsale_W K L. FLr ea and peaaaltia-,. sa x pve:__c]i:.'- 111,..--_ v We w N - { ' ]':;__k l in emeMs. L ' L-2 =a ' ul aL=:= a -1i u3.tll?•a d au o, ani ie_.;:ed es: . 0. Legal and, professioual fees paid in 1xith, 1-ai:::vi _t s. eOteun 'ai : -r=n nr- :n. xe , _ u r [aa lr cn. a :'a =1 ?T 7 T, 1„ } _ r-.. T'1 . -a-. r J1= fr ~ f~ f I V~ ~ .ii rF i r,=f : r . i . - ~ . ]f s rl E ~ r ~f t ~ a f =f t` ' fi, , . 'i,f . ~ ~i` ` ~ Lf r` r` GENERAL DiIINhIFUII(_:F'`. REQTIREME` U . Ge•Hs6`Y e•S¶::=EL'>F,.37'f"y°., It is ati: l~ }•:3,11:. 1.: the xfi: O the - 1...:. 1: _ _ p _,_:=je=::}=e :?liler is_.ui . r _7 -1 ua. ::r e .u pe u *ln::_t Ix'.. eCt sponsor to -C :e~:..t_ l ,ti-de- dvi .,e :1l ...ind niles e:t- I-,, rlue ;.nn t a _=oL31 bfy the con.cep; . , 1, n. n ] to I::. 3 -u _ 1 : ' I _u Kpe:t__n: .;i 0: _II ;_.,r_Lar_.l:el mu;= M,... F':.. . _:__]:=le:.=:.] :33:.}1C=:::r2i ]e=:~ll eLU.e .L': 33C : __Cr317iell : ':_::apre: _ r3 iu2-?m@Iir- wph "11.rC110vi .r the _ 1 - = 675 5...e e_r__: ;_lo_. _ _;!;:i_. a. .,:ue=:_ de- e. _ ei t; x'71 . L1. r . x,e 1 _A :n~e,-:z_ you. "Y "e of proara :F.t31. e :ai,.] o ie u.':. r. P tl.e. l' ' I P11,_ di _ an , r'p =nv:w.zs of Departs e t 11 li lnv r , wp 1r :_ill : _ q :_a. L_- ?r_-: U.E. .,c. _u lice k F:_ :•_a-: _ai ~_:a l i.4e=::::31 :?]:==:L W. 4 e i ',,uh GL,u.: _.1,nnA pt_.;_1meo r•li:: ,L_wnnn ' al] __I,::,.r::__ .;:_.1 be Is,:_,,.i_., - :3::::._ 'iaL af_._,•.F{1.,; ila -W1 n. picqw~ - {l-. ;.e e. W3 _=n li. ~:.r 4u~ C' a2, I Ti F . ; n :t _ 11 i = p___: w F r _ v v .=:1. be r r.. 3 : Tle a. l E7 ii at.:_: 1 yixall l,e 3 ]ed in t].e l 9, 'l ter: o71: In"ps to F'r,=peLrir ciglLire=:i oi- 7~,'e[ ped I,,tL 1 Eju.3€1N nden of Vote gud Feder, l _krr:, Droning F3 :>_r:iui 7-.2-r7Eu:e, L:.._..'e e-u-::e:3 prel -r:a."_=:r of 33 al:_ t__:: and _:I,_:Lr_. c_ a _jer de L,:u__g sad On the l r:;e r , _ w . _u.l..=:_u _ .::-t ~:3 ro an:i rep _earl =.'_31 be a 3,-u'l 1:.n. re.-..t l_Lto the acquniti i ;_=dWe]"mm r uwdwirlu.:_-1 :_.,L:e 1 of the 3, g : = area F 1=1r_,"3:I or the "Ay ~ na: L ir:•u :_r. 4 I uraiciou of Pr!2ject. _ ._.__31 and d_ __:p___e t S. Tide to F L operne° An=:ux3ked or Dr Sped 100 3 1;Ie: d " ,-31r:1 rl3.e p ,:jec p_:1 ::Mlle appxa.e..A _,_ojew: I _ 1 vI ado to my low cr a._;1;,••_,1-- ad om: ;eMe:-r U d nale::r; fhee•eto have e3Lpfied, ale-: el:; _.l :r.L , 1 -3Mn e,13her. 9 05m nods ;:i, Ynr. Fr?, _u:iou F'r = w='nriulL of F'e,:j~i r. 4 i=1 L, L , axtrx3ent: aY] be :4 c3: 1 w the _ Ca' L :li;l :•nr_: ,l"_e x,e: pcii.Ll _ .::r P11-AL---LE ;l] 1 -_la:: on - =_u1a. . .-r.. n k 1:n: - eA , ~071 rs, rnd :a3 ._1?_~::rli .,rI1]:.i7.:❑ Th -`._L-,::L '_:m L 1..laic 1. 1-=° _.zatl M.5 J : r.: r,- - rrl].e r 7'_ .L r_ 1..: 'l _:e::. I]ill l_ to. 3 L = - r 3~"::.rl le ?.:_lLP 77 r112::_r;_.II t~ :r ',iG:'] '.:•L' t3.:LLe :•.i _ .._..__v d.. e:all;LUe_S ale t - lp _ "3, v. r - to : U ii of ±E Nl: {_._n-.;: 1 - =:1 il: K :tl.e. -:ie t ._._'u. :=a inably 3a1ay be a-e -"---L eg:.:nuo_=t r, --i fiL.::~r n rD p p;r Aw d _aAh , ____l:l au tla,e 1 ule_=r :r. 31.1 3 _::t:. i , sss:,:-:. r 01 , ili=rr" rll j- the :a r. Of ±E o_ 1A r, }._::e } _,=o- in of 3,_,.;; ;v, ezr: uu::_ tli ,3,.e::rp_::-_._:ui we i:_-::.,:•ut __:re:"::3 wink e eL_`:Lw..:r,e=:. w=:3:;.:_.:__el iv. TF1 1,.. 1, 21 niel detem=M ; t.:__ ~T ±e D i1tnm t t_,_.-.t I: uiure of F.ul: ?ud has not _ _r, a3.-s1 Arced. nuo . _ _ :1 :r : r n 'iii ed 3 , iat?Frg::eL-•t=c_=: 3.=~t ~:i_-,e_=ne. fi:ru l[n th e . _3i : _ L _ _7:;_s _ e lx ?lId be tex mate i., the a1.e=: a •:•r e "3 be Le:,.313_.._ the p:`_wt 1 ue of Sxc:: mange: :VIII. x.1:1:_ a u} e:... _:,u ' 1 " _i_c: u. --._le a fold: r i :.nt., t 10 in E the ,_:,,-❑~_,rv 1 a_::_n._.:r. ME ,__u_ e_r_r .:_e _f_____v_ :a-e :ftL_ mange. 3112_::: }=]e e ° 1 :-n" 11: il:=_e. uff:::I=3, -C _ ]ll . ;1 : r:t ; phi t_ do I L ,3 i_ I _ ___1::Ie:.a Unison ti - fire date l7. dd L..,.;e-_:.. I::e _11v: a: ;li pup: c.t.. 1':_:: at the time of the xeQuue :::3t arr: , } i = n be comp __wd w ,f: me dw.: K; _en: , stage .,.pcla 1:ef.Llrv w---- w-: _oa :f _ pletzn. Il. F;ailure [F- C =mp.;, „,irL Fe-Lleral or wrste La,x iud Re'FIL];acic,u . _a1. the _ o --T.iLo-J. =-.tc7='_=_Ile:. At P. 6,. m-bet It3s1 e~2 ~a. tlx Dep xtx~ea2. 1:-.,.c3 •:•1- r_ 3i. h.' } :1 l: le niaY 1'.::1 r i r 1 I , .r , e . r Jl~ fr ~ f' f r V ~ Ali rF i r, ~f ~ . ~ ] ~ f s rr J _ ~ r E ~ ~ << <f s t` ' fi, , ~ ~ . ~ ~is ` v ,Jf r` r -..,:Ln:it'al:+=r:mc.F'rc=rare:7Ja:.ual EJ-L=s:':EE:.f _.u; _t such l . I_c: li::: r=.: -dlYe the 71,L_'-:al _.1 ] . _i L;? 7'.':.[] •.li t-Luh 1 ---:.-I WAY m- =i'. -.u_'e -ind a •u;'.-..use ci -n €ul _nn, has bee.a { _ :rub ,e::l by the ~ L to the Deg It sT.'cmoy NOUN QIYJFII DEc , T-:= tr_:,~e _e-'iLA] !e :ui: : :.t r of aa;r a rir. z i :1::.: the .'aal 7. 1°l Lr]i the u- ±'rl;e g my m mme:: a a ,:•rua _,f' .cenr eau mcn.L::°._ _ma rl;e vLl;? of mmqI] „:rh Me -n_. ; a I : L n! 0- the : Ln"_:ed :tl; dig Le--- o J zr_:.al. it er elia; n-:rl;e: a irL rl,e PV=:?.CL; to Ave .4? n -_.._vmi° Q `.l'--11._ _h l•:n- ~I]. l..Jl of ,:.Y? JU; 277 72 M Apt 7 11 r J' l~ fr ~ I' f I V ~ .`i rF I Ir'l' r . ~ ~ P f s rr E _ •I`.~ r r E ~ ~ << <I s t` ' fi: , . ~ ~ . r ~i; ` ~ ,.I r` r Itzi: Loe:a.Iii i_ :er~uc. Fr==r:a= Yhizij:iI .rr Ch 0,eM SI-MM_ RY OF GL_JDELII;E: FOR AD NIPIwTE'_'LTIC) C)F (-TRA_' I PR 4--) IE CTS T].e - . - Parka 24 1 r .z 'aI ildlrte _,d dopted _ ~ :1. „,it t F,7i , r., r-1r _.;tar r _ nuu t c: _ °-..de t: i:Pe the ire . e. r ~e_ Of [CI_. 'r I r._J 11tic1 c:-:=elr,.. i p 1 } _ e•_ _311 1: , .rne , r .L ur, rem: t:= .11 5: ~u , i. `.733 , be i I`: F.;:_.,.re k l0.een -.IB]e :i uj , 1:-e .1.L_ I..`:•r :::e r ..aazi__:r. r.' r _:-::.re :u,-e-_ r,:_'2l ea#T_. _.,:n _J.t, r_ r eu: r°e :.1tl:1__ afi:L_.a. c::_~~:_~:_ _r r_ de::: ..cad -rant fl-L+d..; IC I' r .jer-' I L1.1, -7-P AC:TIVII°I' 1=7 FF_~~'.i- Camrr.i:.E:T:173,1 B-eEE a $ .'e : _-iect period. (•#-.Pease mzA:") C Taut fxee~_,:_- - <e~ r Dapa tin ut & SgVu 1_ r-rsalble at er Czar nxiSMOn. e:::lr Ir.;; ::•Ir lmin' 6 orrtlis of mar ` a,'_:eeruent date C: -li7.11 _ ~r:tlL' 1=]:.r_~ _ 1...=_~'❑ "1:11: IF'„Br,= cra: (laeginmr= withCoarm---.i, : I, ;].rE Due aait:_:` ~ aaee~~ Of II er :Ig= e datF h ?l. Jume 30, av , 30, Dece_l:e 'I 1 I : i::•u As rl 1. Pe atte ::_lui . Appraisal Approval =rlr~n 6 months of t i n Laru ° _z; AS :CCU a L:•:•: 23fter° app tr~ac _ _ . t, » _ _ _iln iuor~tl:': zr l ac~gtri.tirl fir. 111y p _ . ::1_:... ILL: di in ? veaes after C'o__" _ Ir no -1:a ae att"ter°tP,~ _ t"'' =...-i: p' 1Z F 7 mranlrelea e = r 1' l~ fr ~ f~ f k V ~ Ali rF i r, ~f r . ~ ~ ~ f s rr E ~ r t ~ ~ << <f ,a t` ' fi, , ~ ~ . ~ ti"i` ` ~ ,Jf k` r It ,L,xn11,'rl-;_:rwr. Pr-:.-ram 7Jaz'u:rJ rv w SUNIN,fAFN OF 13FIFTELINE~ i Qnnniie,,I, The u; criteria wi]3 be used to ,date mnue ypon e?; _ dir. for atidi.ti=al f mdin,-,: :E pre r,, » -_st- Wp=:.txu -t pon zer 1= .je. b- -u -n.-°lia;.ce xvitlx all tine to:m-,,- c- the I e,. _ : _:n __a .m,d .:_::L, r_:er e:-1 i mme mu ill X:. _;a_=; jLn:ie__:W -std t _ : _:e.irr:.. II r a a o ] C.' C -:,:I. Lentation :.iic . , , 1. iKn - =r_ lair , ~ rest=~h r - . Ye- _-:t:. nd. re__xL=,.wwu : ai. rLio.. - ;~md have beer rue no A L,eWe WC and AR a; ; e p. cJ1, I A on ie _ r r , c: Lz 1:s old rnar:;t be €now _ rL .ed 2. :if7- 7PUCent Of the : °'7-:Tved grant ai---- ii -it., and Tl,e total 41 p_ _::l 3ut tixnda , d&_- h ; n bemexs r:eimb fined xna F not emu eQ 12 _ 5n all acth-e ant _,rQecta. ~artee ~a~ a _ c , _d on Srancxa.:eti:~: - r.av cc oxuxxng, x_ t,i=erue__t t. ii a owiderFd -.o, be reTxuirixxg,addi±i na].°-_ u :~lrerni { d,etenL e .b rautr 3. --L-eutstardardy. FAll✓L,:__FTO _FI3F•C:' E" F =='1ABE FOF_DE NET~nAYT F__ E E'.-- - THE ABOVE F_'-E .I=. E. W17T 70Y l II3 I. I _ BE 'AADE F -:1'.-'F ' _ E - =r - OF F7070 F E - - E ON TO THE :A k% X17-.C%3C-1 r Jl~ fr ~ f~ f 1 V ~ ~`i rF i ~f r . ~ ~ ~ f s rr E ~ r E ~ ~ << <f s t` ' fi, , . ],f . ~ ~i: ` v ,if • r Ttsa: L.-e:il F irL ~r:vur. Yr: rnim M:i"aL ?rra.ctu t:;: . '~;T-MMAFX a='rF 4=L-IDE]LINE:, F{ FR O II STKITI N OF c=O_IIMT_-NITY OUTDOOR { FT_-TRE CH FR_OGI A-M PROJECTS The Tew: Par] ~ dlii~p by m;rhnfv of n,,Ur.-r 24 of . ti IN Yi dhfe Code. has adgpte,d Gl deLues for Ln 16fi. ' m =-i:h Was= Ft e . t_ rail i - _ . tilt : _.t_y r:;- -!el a: w nhaZ e MAmet . _n=a --.t} ,.i.:._.~I Oi..-._- ° i P.c -:gym t in ^ the fII = Le]l:_e: xr_:°e ..::n of _.:r..;: 7o 4 iu _.e _ the of _:;ri re..__•sy Orpp•:at<.1 tt . =::a t t e.:a of Tex.:. L A p_ . sd r, , _.:t: _.:MYn pa me I a timellnt-amw b the del-r.:: _ :u]: ~ extt---vxv.i-,naafi be :he :::tl._t . unik _ a:,.n•e to et the Lbw a e i.-Imes u l'-1, =r:.,]1':,; :C3 tl;e _ _t.:,'tn' _r :1 ul:-e L' r:. Iditioaal f•-- new-pr4jectl,: II'. ITT' TI i FRAME ■ ..CO py BeginI } je':: 31Cd rtat ; .'.e, r.a E 0 e .::=u a f quP.ttex - ;a; :f AMe ~I M I yeas eft-rpy6ect appmlml be aivaided if neede I eteti matt _ t : L~ _.-t tl.e Lte _ i.1I < r neap . _.t fiu~d t _ ._.=,,-•t~ Ira=._ n €at -taste a .rre et-.1.. be ` ued .:n the f. ,M_ , n ■ III ,.:a i:•...1 :erayerea _Wnea:]; at-n: M1 1-t be in a.. the, texas of tLe a-,Tae- ent Lui e: _ rl,ey. - e i t . t. and. ■ All, pre,iovls]?, t ,~l ie .l ..r.. n,__: pr,ec.:r no r : e competed, reixuFuned, and r_k red Omit: p.; :r='- n r°, van hi i . ° :1 - ,e , ;.e,_.: rt, ,.TIlY,=_ °,-~$emet~t "taax' . t h.t:i,.; -l r__:_t_t __.,_<.l - .W _ an-. - -T T: '.'EE'T A77 B CC THE _-1VF F__---1, F FF: :,R DE'' . -E`_` 'E_-7 RG THE .30VE CF_=-E-'I= r 2 C T _ WITH :°Eir, BE 11ADE _ . L. :E TF.' M onj _ '.l?' 1_ € rs~e _;ae p~ nn sr= r ar t: r Jl~ fr ~ f' f 1 V ~ .`i rF i sr ~ ~f r ° ~ 1 1 f s rr E _•~`.l ~ r E ~ ~ << ,f s t` ' fi, , ° ~ ,f . ~ ~i: ` ~ ,yf r` r -rsr: Ln,:rlr',rl •rimi:Pr:7na=.: M:r;.ual CtL EF.f A( i)!' ,ITICjl, CIE HODS All D A11PFLUS ,LS 1„ Marbod-7tifArguisitiem. Acqun...on ].ial...1,,,ver, Ea:-meu Fall yrn- m1'vafter the PEojectAf-rreerneufrhzr :.rro.mn he-ein,, nma be accouxpli.:lhad M ugh . .:::1,.;,-. beer eT. :u:edf=r -:_e it oll:ed. Ev i:eti.: ~ ----':e, ::-i7;:fe:. 'LAIad I; Y:- t_.1-1: cri. e r• rur: The _ra:;e': pS--'= 3-=l,i:i=:. ,n1. 3„ Dep7aE'rmeur. _3.iti,>u :u Eixai=.rri:~zv xiucuxn~nt=, T?:.e p,_t_ -_a.u tc: An i ,;L.mch :.f re._ p- srr.. A.. me Air D' p:.. mns v M q:::..e 711 qp,x.:.: re ,a.. y and a„r~, rid :u. _r:c -:,,,PA - aexfi: ix, t---"- -:dle. i:_:.;-ni__:c: : - -I,__::ed to oMLer An FJI rn , _ A : M r a :_-n. a : - I laws e:einn I,_: 7dequawly - rl,e p:,r_ F- naat emeuce., v 51ma r P__'_. i r h ANAL; Z On ti . ,i :nz ; e pcl ale got_,?t:ii cc ::::h ..r_ .._on. ap`Iv it rnav l uecuU -i a.n.lat. -=_r effort be n :re a t real 4. '.i imr cfFAyukeuieut;, Re _ _permie:r---a,'u:nke 1: ' C eau" otlxer n' e: LI ;=at dcrixa or ai;- c: r° ]C -21 1:.a :1 E re1. 113 e_21 : rr_: =:r . ~::IE -ji: crx. re Celle'-t = _...r . _...rtL3t~~ L E! DEp =:_rrne::r i :eqrl:_erue_r 1. net __e_=::..;.--_ ]in all does B. r'__d r. _r- WE be a T:ax._i ,:.::r_ ix_:_ ncil c_ not _ea = a r r l'_- Qi by do An r. ,a ne i; rr: Fr _sm .li=eb an tl _ _ cv_ fi_:_ti ..,.-11 7.1i _-Ie it =xe:r rethe ru.;.1 of I_V am. 1j a e.t;rl:_: .r.r: Q mid r:a:_::able .•w_:xa_.__ n xt001 _n I I _t -=:1 . .a. r . e1 ,,-•uc. - t tlx.e Won ve v. r . _ ,err. ,:3::I.: ne. - - : t-'-• leC. a oppoxtxl :xr al::_ r ru W=1 ±e invecdo, 71 =n a ,..'_es r:: inky! it 1.: AA be recrmm i by tine of thepx peat; ix -Lre r - ._:t ?,cu]c: x ra::e r.:a. ;:ic•ix fol the -i l'.e'_ e7, A .'r.lt --:_elia r.. l :.gyp :'i,7 r_ ]2?; :.t i:.. C. ix , d not - . K.c I in, ' tern 1 naec- n__-11 c.-' the Depa.-.rnlent _:eunsu cr _ G:e If •n i=:e- rns a-,= pa`.x~ e:_t r~ rlr inr t . -.am.. not r -l: ora:_a rr_fu the r•:• _ _r. .t - nary,, it autll:riaei - l *.v imh =.-e p r,IE-WI I::e . - :r =rLe a3; Wthe ~}l:r•_•f:_ b7 0 ..r_ fI_,...;. --?-t_: ;.-r'aLO 23 Al YE,:..: _?r E-7 , 'I:; til..e.~. ML r C 7. :X _i. t:' -:,e D. I= a axtxa.l to iu° Would leak-e the o3k•xx_i an. .,.ue- in =i_: en than to ,-por i rue .I:rr- xx: : rexw .:ct, dle SPOUSGx hall. offer U) 3C ..u°e The _ :I: 1.. PRICY by _sl Ep:.-em.. the D pairm._:rt. u..:r e.._ _]l_ _>l._ f.: .r:-~: 'llreu Eccles,] filx5d: ,are ix cl e:i.. :r u:l,ar•l: for F Ia r_.aiumniu; the boundaries of a proaec'. ,,:gypraVn l: °hall 4C- .'C IL .i: r•-? lit I' tLr the r4rr F'&ur i. 13 it4 r'Lrx should take into account lrurmncom.ilamb n.:u i:_=~the ippr i:.,] wr,indiL:l':, fer F-J-ai- l L,iuc] tui.rir_va _aoviic and so a..;]. et'_a:-'. Of tlxe n. an-'I ExuF f• x w_:tr n. Fi=:dm Ma - C d ~ p:;_..-_ de ;:xue~t cv arl._ ten :a: the ac..:. -t : sae, ixr lx~~di, b~, an n r.:-tr e C_pL1, t_11: tl_ :x= r.:.. n ::x rs arr e r fa .-t x prcfe;a x Taal .i:~ i:;•. _ r .:e. .t :l he i- lr:, l-'11 ::f aaudard tech r =dl i . 1 at:: = n.e rl.e :.:rr _ Bi:i: FcC .-i;raxrce„ G .;.1 _ m a. n vole emi less depre r;::cn O nn : -1 - re ,n.:.uch as be r : n xre._.,1- x:c nn xx,:_ In t :y axxd mud, I ;:.r'=- - ° .all i.e .a:l. r= ._d-:ice ;1:=. _=eu dt-.emiind _ the pl-txuent to be :ral :Oet auc. orb a , The fcr __._lit• a.: =tail C f` xre uied dO: .L::.tatr:C be :](:•ll°5 are. xxxe ''1'e a, k c ' t .t T'e._ ~ . a*a:77rj. e. - . r e k.,, ,v re.il = p.cpe:t..' can be t:] :r l,_.:_ xid. >.,•]le.::_r 1 _r= r-^ jnV D. _,.:1, :n. av.ce. Dc n u vsla. L:.e ]..,rxl: :ed by oa d+a:_ow do ;r:.e.t cr :y&7 L1epa=KKv r'e,:?:nre MAW IPP:3071 3e;07: d _.n-:-i _e of _.;_n_e -l,s_. _e :my be Lm led- abbe-. ; t_! .;yPra_ O : } :a: 03 e ~ + - rl,- Ina- ,I-. (:'u L. value of the The X7:3_-; i:;•- "in . _ mb: ae t, e - -1..urmint t D. - - -e'er rerrsa:ni_ " t..=:_r_ rxLlau I taken mud e _ e -r. i t n: re:1 r { _ . r ..__e i i r al ii _ ___._.__r _ • bean a _:emnt pan _ . nt compemiatron. 1::t re,: dr-d =r 3:r., r rT. tLe rr . - - ` real only dex'ct-1 c_.t. of n:;.,.r.:t._:_ , l:::'. may be xu:.-_ i r J1' fr ' f' f I V• ~ .1i rF i r, ~f : r . i . - ~ . i f s rr E ~ r E ~ ~ i ,f t` ' fi, , . ' l~ . ~ ~1 ` ~ ,pi I` r` -..,:Ln:,1'~rl:+=rauc.Frc=r:a~c:7J:,~oal =3~~'~I~F , A _0 ii - o; ' Dpw Zt an acquisition will cc a„r If _a1 i.a TD : --.jr .I,. the D. Lu•:•r= _L. eel sponsw will NWQt c.mu'._a :pwis rr_. __pn r :.:1 enc_lti.er_ 1 ap_L Aii 1-- wean. I:-.-- =.-ae x t a _ iey:. a an I _&V.;_ P: _,e7t. w l)iel,:L i;-nie.:r Won -__e Tge .-7f piupe-t zr_=de!. -diti-n.11. d::; ui ;..:e ] k -d : :::e : I- :I, Li wej _ L a:ie:. I777~7~r: =7~,e:_r _ds ilxal], be by L...7.::. _ :C:il:17_C 11„ - be I:; :_:e 1 _-1 .iUa an . j. u;::Iud]ng dinrcn. c, pxincipa] :a77.;gs an'=-.:€r G-u_: I;a';'e-W At it_7nm 7.a.r1 be =:M.t:er_C Q Elie ix pro-,-i mtg. ,f1_:.:xrplan of eadlz i-:required. a L.I ;•Ib=. in-' 1:.ied :L t!'! ] e::•L, ]i_e':. C, t!ia. e my K ,•u... -i i r:= : the -L d 1L E::I Lr7 _a. II,i. I,L_- be 1. L. s .:_Li r._:r. 71]_, b. _ -.:-:1 k' ;:.:1.: i. ;1I,:Aon o;.L7._:=; of _ .~_li _:dm The 'ipprax,a--C.epOrt Sh,; llI C0-aerthe, follcvWiag: (e) C 7L' p tio-n. The t ll:el,: g:_ .Iz.al :`ondi.t"7m ,•iad nolative use -.-:I bsoler~cen a sla,311 --,e ir~ll, Cr --J-aup (l) 0p ttL.:-_t-.- to ~c~ ~,cpcan~'. F:cpe.t-: (or a anzl, w•17s,ev~ _ _sle. the : -F-: ar ded=:Latai.e3::e,_.aitr.-e< be af_•:r".ied Ali 1: -:..c_ t) r ; ::?rLleat requirements l :e propel- a_camj..:_ the property Ii;e ::T not Am wwrr,erca rep:wr'_ame : :-1 ; .ed . :p:aiyen fJ ?-.:ed 1alne Pn ArL_u-;1 L,l-l lvc.e the ;{t :1= r. l :.]L a__r ~ .::I .l.' 2LLl. un =I - e. t i e anen _ (DUN C.:.rNT.. Statement t ,J..ll.l-]-_,. -:w (eCi1.7C'.3. an, r vw-j i 'c. a_. :ON t,.- &e - -W-'- C? CheUta'1e.,. ne of Texas . ~ il:` - - v ,L` "e n am nn :Q :an C_.7.:]rA1n ]i`J: LlI'e 0 Of a_. q_.nI.::n a &A $e{1C°7,aT$s _ _ R"Il l.ai 7.g to the . =-poxt.. j D _.cLLI=Je the zcn-ag for the .:6bject earl -e7rtof Limiting C:s:: umn The u:,r'.11-DL1i -1:rcl:e'.TV: vwy ::le ;r Con he -Amen rents f e... V. ]1.;. me uuhng the - P 1.--- A Me d 11:7 17A. 7h 3e - t - d gI, n au n ._]..e- we Kv . in be rr :l- :t hi - e the property is nrhl:e _ }r: _ er^. i,- i 1 v wad v e:e st:- : le., 777x,: hl an! 1u ]i :a f.: ,:_m t a zL]Mn rt: - = by w Cn :1n: we In no Case Out the appraifser a :"3'. - - not Sr marl-el - ...;t. m Xm hall tl-. la--d . ~p:•; r..-;~. _ . ail I .t ..:e a . the +.-a,.m the _:en -.-'-e-- --to not 7no an d.-;-. z:.ni.hed ryothers are ,e = r. contf-i` une .c he V r : n~ Er v alt ct A _ AA u_L:ier the ]i -1:ue:t Wlc_ but uze.. Plupo.e not .:a - -1ris shall n1_-•:;e.•---a---:::2 1. all~a.'~.'':I=. . _ 1 1 i dei elyare`_.r AM :I not be :-ed as a Ide: r. ieZ llea: Legal des0ptiorr of the l _ghe.t ; l V: ui -Le 7omi Age. ti -::-a'= _ _1]LMM Ir:•-e tlw an.: tia . t: .:.L.u_ei. .i:-:. ?i]:, L:•2.I, -2, ::,d, 7, _ _ f e y._..e l ..__:L . _]:wn • 1 W. tL ---'-thmd of ai WE ni . be 1 t:-: a un _:--L.~ „ a_:rl L :ri:,- -II fu I ,_r::: c.L~ :I,. ,f,'t. r-. e pn •._q W I Lo L..., ,..r.=:: AM I_.Mon, i.. a.. - - al_L3i:n't iUs'' rwe wh_:_'_:LC _ .--w:.._:L:...:.1100 L- .,..:d as w=prWe :iCU':V:l,i: axe ( pU eM, data. a',.. sla a.1Lj t be:- -L,,--e --e7 r ;..:-;~e L 71d. - be .e_e t_d an P_- i ve : n. 6 - • ._.5 F.i 5) i e - _ lie twl t _ L p:- uu-nexa] -1 ,:.1: menu ex I='thk:e w b 11X I U a 11UW . run .:131 -alue., tLn fazi :hen be :I= A7 rar_: zUWA F?Ic;~~.a TnIVIK ~J: axa?LU'g C_° .701M T;?1e?- ?a p D R A N.N-1--, l ~y F • T r 1' l~ fr ~ f~ f k V ~ .`i rF i r, ~f r . ~ 1 1 f s rr E ~ r E ~ a << ,f ,a t` ' fi, , . ~ . ~ ~i: ` ~ Jf • L` r -r. S..T' L~c+] 2',.r c.-.:r:;, u. r. F'r--r>, kr.: 7JaeusJ C:-L ~_7, TF-^,: L r• u_: a ...e - no . el . pi::._ o: tl, .;L of the 1 t - : :7 -7 _'.;7,17: PC. e ar,-. :L:.t_n-- n1t:-- _ 1 ...a I I a-"d He -_hE 1,_ : --31-'-, ulsapecte t' r pn"opelty. __:__'I7._._,, c'elnen: fay: - :A-., i,.an: •.1ir:: 0_r a,.: o - ° -----1., 7bA net.:l- u..'_I_. .,0 I, -M; Le He hay no rase r. or interest 3l the r.:ut 1.1:t . 9..~L:feL'a:,:_- .,a__ t_ ..'-r vQlnO~ F-:._;ey.r. t inan IiC re -.hue of ] _ `r i . -1 c) ']uat iu L _r :l::iuui ,7r tlu 71 =t . aluue Cif the takh,g 3:S (1 0 - e --.tom ,`e '~v , .'t Aii Tl e,"tio:l shall be .u of i] :eguelrce, of be-:u t:L . 1 . h d ~L 1 - : _ a].c W W on date] :~e At . i =e if 7ti__ al . _ of aue b r r, 1; me, or the ="L A.a. Signawre„ oaf : ,;---e than be :n axl''i s fo4 TEL ~ a i]'a nm b _ mom u:u]r',-i - eutc,. both real and -1: L f. l .~LI Traps. t__a ,13__ __Iv 4 a ~ alue is estimated. be r - h u v p,. _t ~ u~ Lt : - _ i the- c•:I1ceL-u. (111'' - _ .r.:L1S.; - ' I-•~'- 1. L.:•-:li~ -ll i];c ;€;ie - a:.ie ; um A. r.tn .;r a w o ± -1 _ .::a t _t._: 1.t..e ~ :1 Locatiuu_^l, -___.1i_:e t;e bhy or' nv x V 11;1] Us arL _ e _ L n ord L-.__ r_ v at let:.:. a,l -Lo: _ _ li. 1 r_rui_ f eetimare c= Cmuparathe NO :ma. Shoes, geenqGIC 1 ,<<._cr of the appraised, property and,thhe C ; irall.VO of uet incc; LE (c) Comparatil-e na Detailr_ Yawns ,:e. tbi,.t::e = ]::cperty auu~_ In = -lie t h~-:rt t. ru =:__d ra ~ t. _ TO be e.ll;i_:-1 ba. r;dl Plot Plan.. Inc] s Luete=_ aud,bounds :le: 7 ; n n =.n we f 1 =:7-ed by a t : ~.mjeut of ouLrces of rates a],:: c]:. (e: Flans. I=Ircrde• for all iutpL°€veule'::ts on the PmW 1MIS -_'n]e.. U A of d I_'; p L..,11 _ th _ ,_nu~--t to at :eaat t1.e - A 141:. asry Jl. L7~]c.__'. _-.'iii _'lL.ee } ~r t~7 [lle-u]_EI Y. LLl l_:?C "Bh:.e 1.....e-:3n c,: t Le of :::c ue•_ the. { _]i.'J?r.; W. ::cl]. - L=_ of He llh': e3 it„ f . _ = .t - - m . vl o : low! ] .=:U l Rile _e . er (12'Estimzte by m7,~r. ] - - .l e = A] p_ E 'L - ill L - ;1 - be I I Tale ped .1a. 1 e f] ==1 tli- 1 =7 viler, bs1.L':dl _ _e, _a..__c rl li:.:l...i_.. c] i_.'_ ,1_.:.: i: rLe] ; _r__:: ._i::aa ].:L_',le it . 7hi 1PaXe. r-]-- the p: _ 1;l.pea;:u. ' al .:.:,i_._:] . :ale Each __rm:nunv e l than be ip-_c]h: V4 Als d n A e od ] L=lbon do t _j 0 L , a7 to un .=ar Am a ::ng be:_u c. the 3T: Lal;=7': final. Aue ~ O.L-7 ='eltuuent E: Lbit:,. Include as deemed appP02CY. apt; 7:i:]_:."e. (13)Lveipe. ] and Corr,elltuwL c:t E.=i__ re";. Ile 1_- --~d_~LpPraisal etuOL°t..'u~~abbre~:rated };ra:.._3 in-.elpret the fc 'ter and 7e_,:'.::-. :c71: iled by a Quabhed. Stare Texa. • 3e :::11, 1.1,.:::_e ---':e of ::.e , _.13.1. -ioii ]'e_ tei . ..'Ade calet :n .1_ r. nay Cf the u7-L.I e' a:C:',:mue AT a M c 1 van rahle e 1 mn;-e verve em a_.=. aiiu; The'.1:1:,:= . p: _..1;: Lu] . uhc ...ae,: (l ] ak- r.::]1 Hi - ]1"e Q -cl, As -:L,d. ,,1'. 1.:i__ ;]e._ .1;UM :_:e _t. _ a pupw to Loy e t19. fE r. lu,c: pa"e: w t7 __'..:[._i.. c_?t?: C p'"'•':.L:11 _.Le p :...ale:C_{7r~[::_'.i ~y:]iL:~ l.:I,1: '...r...rrs ga:1h:.:_ .:_:1 an.:nuaas f7,jr t. le..i 5 a:-c:irt__: with l::3 :leei le.ti_=nc aui any Wler ta11C7 c : t pelrne t iuf_-niation. F _ r ; r,~;.": r ] ]fs rrE _•'`.i~ r E~:~<<<f ,at` 'fi,, . ~i;`~ yf• r`,',r =tza: Lc,cil F',,rl_ =rsiur. Pr=r:ur: Mn, u:il C-ice' F- A de - tion 7h o - -at _ ]`_'p o - _ _ detern., ar f _ p-L I .3't. the 2]1 rli]'7rL At least a ` ear lrieny of Ica'. ep2,_e. jc parts axles I, 4::. Hal] =n , . that `'tee _=,r, ect .11011sox and trancfar=.;. ] .u_==ng parties t ._.e dates of =IL lesn 1 ' r : ,-1 . ] . _ pi'ch se and _,t=. Of C.-C, ' ILe proje },:•r]_ all : .:e " _:ade i YU An a]:a"-.= a N .:,;.-=---u- - g:xapet::': _ - a_:3. acc,:•r;i ..:i.th --:-npted appzai®.al. and be-A use. ~Onwn 67 25 0) Stela} ] ]_l dat; u. di t , three c =uparable real (3 =,.nple.i: a of the 1 - subuaitted. pxqxext a l:::e: f e. .;::d aa} to the - 1..;:. : _•:•r i,_: ;;T.]" px_ect _m=' _ 70% X. 00, 0=1 the land to be .t.,..r , m: _.:r ' _ r.w: no m I:.::. " as the ap'; ].ai al, Ov the Pp y r ] al rei L b le u; to 50D : -F, I;FszeY~ .:=a.ifr'v and _.,;-.;.T,e _ee ban Uftl.e .-;1:= of -=ehmr ::C: a 1 0 le l (-)F I data }pie value erti~nateappli;es. t.::.'e:_ e]1 . _ _.r~.,".s ::•n 'e.:t: _ the .,.r:_r.. 1.,:T._:T. :rrl] the (8) _ mf the app2a'ser'a e]tpeideratie and n,- »:erlwd = r m:. = fcl1o',. by t?: ar_ eai>er fox; l no: 7: >r, . the l r of u i _l:Qents. ' t.;: =:t'•• t.: - " " "M a]]-.'. Fr: :^nmn; Pr a (1: I_ rl,e b-best and, 1)e t use of the In "p:: r. is deter iued to b . f r?::?atiaea` 1,_; .l M' u'_ e::r_ of true 1. pe_r I].e n-' r~ u... it etL - c:i MM ;air Fa, mWet raunt be -.t liziug pn7vate the evv],_: ;.•::?L,? _:.r.at. :,e 1 _.:e. se.torrecreativ 1 .e] .e'rasc L:_ar:;.._ x. 1 Lc2ajgn V lnNhe tI].e 'rt." w area. II].:l': =li. t'. n :-ad me wm _e; _:e =:u:rll~ eExbk 1 1 _ = u e (11)Bm n r„ V• r fU&I kabde a mates an be -clued at t x?i: , t ' _ , e re i rue dawn;: r=_ e`+ Iu _ r the r:, =:_A, r be autilize C. F]_ iin- rs Va:lue- 71we a pareel lra=. V Wleas for xe r-.: n rua,=.t he a Tl f_: ~ ,.rp ,value. tlxa:: and the : :.f a app, ;i: al ' #+rxl.d be ;,SucII xg:: 'e : e--- .L le d] }.:p ] u:;:e 7o v: 1: a. ontteu ud:=_= -t ,:..e 1:•. a rued q~ij ,l P I , Y be P~V f.. :I_ :r,-: a1- T'==': (2) It the 1]i_l t 17e:: u.- e the pxoperty, is deter -na _.u: ,ae nn _ _ Ps d to , i - l , Ke to be f e.i _ L r? Ar_. of lan;: i _ u of the appeai:. ] . no ? A=i , u_: .:.;""f._; ti x.',. nn ham a,'Iki an A r .e::r .ic we :_avut be de = of he :r: .r_:"t__. no ::"]]]ea.:. b• .i± a:-_:. A R _a _e."-a__ ; .1. vaw 0 .eCap . a =n, l -=n r ed _ .r, ».=.rr L,=.,.1=. he r_ _Ia fcr _ : r t l.::rttl. their re --vent h--- ''.J.- t ._==x r___aas.re .=ati = E:: i.:e_:: _ : Km :]lc_ez;:"; t.":". ' ,]e:. nAo ire wyn _me: are e.:zr1 _ __on a..,.i,.t; we •']f My a]e a ..,..re .._l" s " _ " i the site, tlae ilh =-r-=.' _n]ent=. :'n I::. _ Iixe xe =au r'= _ ] ;`=t ,a 1 rt-:]. :Lse - T..;:tirl -r.. I; °re'?: t-_: u].;: av. uT ;:rr• r :.r.t e::::.] be r n ' :•'l:" "d 1. ai theix l:_l]e: :::au the ce']s c:' the Otis:re::t : e.:. tl,e• rLr..: ._ag.'e tl," r.. _,:•be and made acceit-, a n r r , rt,emnieuts. E =.c n ti Dotrad _ . O approI iate p-: G„ Spc, 7 ' L:-.1 ecl as M ,ch. Aur apprr palate upon is adrr:annate. e . .,.;.:]e: for all p" _:je_.. in. ch " :,p: 3aisal beg>mr 0 r?Quixei to establi:h the level of prop the do¢aation real pipe:ty or irrsezo _ren f._: a:. Crxanv. wLien , F r Jl~ fr ~ f~ f k V ~ .li rF i L, ~f 1 . ~ i i f s rL E _•~`.l ~ r E ~ ~ << .f ,a t` ' l: , ~ . ~ ` ~ ,rf L` r La:iliraxMimnPa=rn= SJ wil EPi ':ERE _ spmvr owmj a -Ad ,fed ga khmd A used a - n- 6, ?r;,reinenr v Differeui'e-. iu O N& AL aPf::e._..,_. is : m?=_ed 1 a .:_ri,lii:eri r.: n ._._r..._ ._-___L :aht_ I _;l._a-}.._:1, taL;te V. . ~:•r e..._ll:lLUi - I of R.w L mtkms Au'd OtL rt.t;,IDdiul RIELLr:, ~ff_:rt to ..all the :1:•__ n :.y= Oe 1:= I::. __,or uu__a ~h w PM, llr. - ---z; f_ _ .M _ „ :at_d Twim ,.,.:LIe lt,=_: fe, Oe ride 1 ve M ._.,.er the nc. Pn .act . 't=ulf_c .n2.:1 uw The DepaEr MILL 19LIL eL_r .l,r;IIIL - Leea1 ri=11r or r rle to Din- area, 0L. f,I1:111x-° ,a.:'Cluire,:l xi th Lo caP p,,: k FL.Iur-.X41'4 . F-. jt-hjre c.f Tine - =u -,t _L.c. e -n. _Ile . _..t?. _r_. ' etz&mi c ,:L'-L7.Ce ' L'11_ -'-7i. of the C~33MCter 1 :If ',]!C- t_r.e Ie tI cr before the L e:: u-: r l lt_ : e: gp.intf.;3v-..a. - nive _ n~v .t Litten statement by, ti,- Att_'::_e'.' Gelnin Ve :_,:r ami _:_:ermean. nnA e:a:1. L _ :)__al .::::I ra:.r -.A be araxlabk the .1 1 = di7. Ye L se.:. a1. r+. r r.r ::•'t11e bc.dasT or of do :±e of rl;e no :u a injured. M WT..uSAP" 3nr Qlul erinz Title or f- r Rep[;-u,:-anjenr Of F'r::Berrie-. _ etju ¢ad '•.AL Defe..-ri•,e Dae, The :.1::__.._r re:.}••_ rL=il:.:e .?:a' :?aie:i_:~ :rLl;. _-tn..r -:-le :~1_. fcr. PuTevinal C! el".. value. 10-anC21 IL c'rruL: im. of Ielte yn k MA 'F'r 7=.ert Ile aWr ' = be .s, _:1. in Ae '.:.m ?_:r in rL IY'c i. ap_,r.i.a1 ill e: tl.e :.,.Lna. I_=e }•__;rr l::icl;c:: :.I,-=..,l:i. e aa. e pla y:1;. ]e r: r le:t:. new _ t __=,:i m.,e °•:l~'..~_'r.-: .~...~5.:1_~' _'r..~i1f..: if„8°. a,gs,-r~n~°~,~.rn ~-J1.icdn~ F r Jl~ fr ~ f~ f k V ~ , .`i rF i t, ~f r . ~ • ] ] f s rt E ~ r ~I E ~ ~ ,I :f ,a t` ' fi, , ~ ~ . ~ ~i: ` ~ ,Yf • L` r t: I: C',,: ii Pis t--.:•r.auI. Pr---rear: 7J:1::.uel CH- -'~F TEXAS LUC AL F'AFJ--- GFANT~ F"R+=ic=rR-kM PROJECT Ac= bD M LEDs-A-MENT 1. LG. a"Isrl^smeLit of PraEra La t-iu.e Suitable per ux w }::kn_ a.l.a7 ,-]edgeMEM-. 3f Y : _:e.ni ::iiC.. Q,:e at ;_l1 n'. L Le.".-,.6:ed 1- t]ie :.e21 Yi _LD 'L1 L,:,. e:r: "I]e ia.= n , I L -u r n. 11:;11 I --L _.aar rile . f`are•_. ._w to die e:,rati nith r.. :uc::=pre the peiceli : I& Mau w:1 L_C t li;t_:Ce '.t t YiC€ narl NA nn a J1-: . _ _1':e .e M AL__ 0 Ake: goolds. Qon terwi n L - tsvaposa:x, permanev siguage sixall be i::::.__ .t :nc l euue:.t will represent a sate-•1 cnl ~:a: r_:_: a01e: iL CLe.:i. L alit,= xiequIP r ,:ii ition prole,-:-f f:e:_ _nL t 1-112 1:1el M-?- f C. IeM T., 03' 1L" '~i ZLL SYL- ale LE--_Ili-eu; f-,_ Lois_b .r._ ii } n reLr: .e.t _i= :n_ n__ -r the Y== = de.el.::rLYa_:t the t:LU cn tt in rt_ _ _ = the j:_ _i : ` enmi die , I u ; -i: _ 1 dose _n - le aui:.it )a c_ owyn! n n.. could .eY::mily 1hen:` L _ .:=ii _ of a no:nc__ T. __ie i S-1.1d be t . e:] unril t]. of :{ll. - lete an :ii 37Y: i:•LCa; i:'Y ~ ht } ":_te-::: ,r! t l'1'ue:e ..,:;1]. 3., Sn 1, A far -k 1.n , 1, c1z&meaut Signs. Al] .1;_. _ 1 _ a Q n 1 : l .h:_ be speck .ed in thhe a l.aa. i1 i n- t-:,' hz _sm coon no ; part of p a r ouancw W, , ~y F r J` l~ fr ~ f' f 1 V ~ .`i rF i sr ~ ~f r . ~ ] 1 f s rr E ~ r E ~ ~ << <f s t` ' fi, , ~ ,f . ~ tir i: ` ~ tf • r` r FIN AN 1A L M_ _ _k( EM ENT _k-" L: REPCJRTE~W L Pi rpose„ T:::: 71Lypter° vV._Y:l:L I:uitaru,a and f._.p•ormug Gf Program Per for mance. Lle:el:::. The Lte, ar-._':_eil° ,.lien erL:;,:ue that all. perm reeil.ul pro 'al„ -dlrei to pro~eM 1'e"aldd pL'JFeCt 1„ FillluCUal R.~:u _ u i1 ilit'; 7ho 1 W U be 1x~aultaLU~- _=i =rr~~eu~rel~~1~, n=e., , . r,evvir it e -•-L ar..-_L:e_'Lt p _ .':lg u;.e 1::rem . : _i _i,. n..,.;:. rl,_: _:K, be X The 1hpmnmcm ::n L _Lrt:: On ];e._,_:ul_;::.: _ of adclyi - rojer2 is a ".A:' a -:...i_ rLl_: acc : moii . __eur ; L:1 = = manner. }.:iec a v 1 -nr: by r:u,e _ O M -u om- i; m - - C_ . %n mj; W G se Finauc :il ) l lu-i_e ent T: l.r ut :_._`e---_n . _ a.. „ d m .t A..._ = in 11 P---.171.7.. _ Le:.,-.. WE be .ti:n,:.__. _ hn _ z'.ee± r.. _.';1.:...__ rlie ? .;;f.:r_=-'--W1, _ _..__z _u vn--,_-: mf the 0"7 67: ..:u =.:r uL, 1-4 sa, - -h,. -=t is _;L ±e r_x1 l;.__ of COAT _1e e_,be. an-- shall the Cil: Q 4 -1C!+`„ au.d provides for,, ,i A. gate, currant. and cmugam :..-:_cme of the l: -I,_ .::f the oiki:eguiredtii.ICAL,".e a>aa.r,:i ::;::,alt:. _f _.;_.L Tateet smut. ~i tentage of h _l __:n,, l m-_.. {°e-_ra,e of ill=:i. L,.li soi rile = +ae xvill uxeet B. _ . •_-Iur e and a atalih. l„e y . ? at L : ='n, _ tlu, . :f `L . f ::_-:Lr:e:. These ] al :is t :,en ll 1e_:ra: --'-':z;:e_:: ult_irr._.l f *.-iu _ a l t c: n .a, tu„e l _e ¢al r ci other 31iC: a~.z....-•--,.n---..._':_.._.; .,.u:.. a.ulobligated b:almee: -.:...e-.. a=•lai:. Lii~. aiuam }:0-c111.. i enDiLLxez v°d and Lcir i.%p& C :1 n4jact on. the F6± - =t. arld a'tiwm __t'.: in in? . :L'_CL .:e-.. The g•ar_t :..rl]. .:_._J.: ell. S. :Cr:..;:_ _ii•_'lt:.__i use• the s.taiadard re rtLlt$ :_mid all ;':,L alis: 11311 assi a a.;AL they me w-, !C,LM~ -CIE the -:'C-,. 11._= enl' they . (4) C u::..-_...:e::_?:.a :u eat Lk:'Ue:.t ilnotbe IX A. n~mnntz 11201M CC 1..,:r.e L:l'L121y and appl•opirare by the F]ep,._rLt,H_t L- the absence c:f a c i.e=Lt tatla. _=]jcL- hes:l_:.t }f'rir 'Lt i _ :d )La endatiorls. C. The ! tep Y ai: Lll __iake _:_t4 vnhi in f1e lle_ r F. e wlues fdl- the al1mva6ility aLUd practical}:_ all at _trlit,' of m,7ts in . . Lli. c ,-itla the prorisiona of U G".iS and the GIMAS Ial,.;.~.. 01 RA' -ow p. 'io~_: ccn1-. I..-unerLta and. 117a1ta.ge nie 11•t. co=lt'' t=n.' `=ee C= al - - q, and - 17 Acrru.rmE :,:Le d ,:,:r u,;":•_n :r; i ct a-: > c_' l,.__1_ =3 l:'.e:hiic..: i.._ noy~i >1=0 'Tj airf _3 ,i=' .LliLaber` Lc-_ ] :the l)•e];:;:rrMiZ-. & R t?udon nud C L1Ft}&A F.r.€URemetim fm F..«:.. ':I-: In au: l; p_tl, r _=.M:. to _ msdi bythe :]_rii.(:+r•L,,::_raul_e the the =1 J.Q p--l-:-e. te: the L]ie•palment ami '--.r- '_'e , ( liar L i''.IB Ch mb. sp i---='card: n.a._.ummi,e: if : eL 7._ mn 1 e r _ _e_nii . - LL_ a17_ tlse cal 1 r.__:.r.' :'illa.:.i,: li,. _i;:u. .::a ._3_::rt.. A. idmi----.:,r °e ImI-1 u.; u:r_• p1.'_-_ ] e_-___~it r_: _ v -L, e, t 1-e:c'1aile=_'11 I::e _•:"_:_.,:L u_.. ._.L_..._ hl 1; shall. _=nm On a . ohod Set =:i .;ter mz- 1-ecnue t-0-- » . t i is p._.MAK'.t i,..e._ el.e'=em Ill_ re,_.r . ---r-- be The _ e -ii -_=n1..__ :l:? all ] nOC1 ]0.' 1 kW ,i in S the 3 year 7eli;}d if au&t ::.1','e not the d .d_ in Ii 3 a na•. llee:l: 11 The _=t; _ea :eriod tarts f on, the date of Baal Payment to the o rs4`rr. ,,I ?'..le ; y~.?:I_ ]•~....a. , 1~~•:ie~ ~n]e,~e~ z~W.G~-; si~]l~fi~~y_].l~b: d~4] r i r,~f.": r ifs rrE _•~`.~r ~ E~:~<<<f st` 'fi,, ~~i:`~ Jf• E`,',r -rsr Lac +]le>m.~i Pr-,.-rmr.: YJam ual L}'TEF,;,= = C. or anv of lu".7 2n 1::.:;;:•er:.. -111 rr_1f tl~= 1_11_e._ .~e~--__'_.r. :~~ci~:•,:•::: the 1:..rpose of and, transcrLpts. er.i_ .r.-: trta 1. -e i_- C - _ter tca.. LEI (.43.3. .-.f the 1-7-1117: 1: -_-M. i r i r, ~i r . ~ i i f s rr J _ •i`.~ ~ r E ~ ~ i ,i t` ' fi, , ~ ~ . r ~i` ` v ,Ji • E` r tzj: La-:itsajL,=rsuc.Pr :7naz: 7J:a::ua1 §=Ji F' EF:.E TEX_k'rr; 1-NIFOF31 i:rRA:' T& 4:O-wTRA(TMANAt=7EME:%~TACT (DE L-181 rt_H F°TLF. Te..a: r-:-:etunleur{__-:le: .!Lu LCt relatL .:r - en an ~ . t_' chucy and coca im ; _ 11 m nt and contract ni3magee nt. Be it enacted by the Lcgis,a.tuie: ca the State of Taxis,: 'Ili.]"C tiC] Tii_. Act riiay be cited act :L:cr__: naiit ME Cc,ritra.ct .a aeU1,eL_t AV f 1 ' : _ . Section Ahep no . l::cr; : _ _HI:i.entv.e a 1._.- -.]r_.: -a1,3,:,l e.] _ eat arrd 1 rLK regaruing _r::::21, Ilefiuirion-. Sectinn. i:_t1_: Art: (1) :'-i1 .v rerrl=w" nn on a ctt° count, cw curer p:l.r._ it --Lbdl.._--cn of ::.e v v, 1w does mK Wow ~:I:.: a w1 ool W At o7 ( t p a saw y" 1ir.ealr a ~ re in _ d, commission, de:.-;1 _ . e h.;-: h rev i e 1 _ i .:`i E _rn, but dmey . by: Ws a r= r_ c 11e - c, 1121;-rersky. - , t art _'z on: a . r1-e elr.t of catupb ce wlii federal or Mate law that is reginr°ed of a locai _ . en°wa1ent as a C . n:.r.::r A the re: erpt of ( 'Thnllal 1 , - - ' r _:d1. cn: am nin = ons L apy heable p,lK end priced ues for the aceciL r w& reputing; and, YqS naRerrue::r C Ain : TV '..;!t'- agon: n1 : J e ~naI s:• *suwents: t_ .`...1.._ d're-a. .stratiori of pa]r.: ;:.1 ,11-1.-c . L14]frY N Ofi11:L1Lt1L'MIC&L of grants and co,:1rrt- is'LCli I,--- CA,I gGvernments Section . Tine _ _t:ace .i_. - ate l le star_' - __•L .v]i_hnn yant a]ld ccl w: LaLR__ ______t. 71,e _L office ylial]. r r~ L___ avd ei:•rlci .nom] , dr auk aaa<uarle,} lc al =L ,„grit;, are L~c:,.:_ :1. 1 ; c 1 - , n xa c _L _1_]_e __~i ~_:Ceq_..-- .2,~'pe :7 U3 whi=:1,11_in wi 1: _e Lrlrer:.. ;d) T_: l .L _ .-n L r. L nut be d 1.-:.,.u -ed t-, 'Or amounts of fed,zral f.;-A. ti-. a i b,. r1-e agenci.e-: cr local agencies. Standard financial management conditions Section 5. r. yi r Jl~ fr ~ f` f 1 V ~ Ali rF i r, ~f r . ~ i i f s rr E ~ r E ~ ~ << <f ,a t` ' fi, , 1~ . ~ ai; ` ~ ,rf • r` r _r La:,1='rrb=r:,ur.Frcyn= SJ:,md CH3 p1-1F.t L= _r:, . r-:f_Z .311 to :.tat= a-e:aeie=_ an U nn? r .DM :r, r_ ._a AP , a;1 - i V5::; r_ ±E a-L _:n. R a Of P :;_a a& 1 1. I,:: _ .u_=:e.r.-::. T._... 3 ..t:_.. ale be de- e1 m A a= - -.;oral Mann m _L W_ .r r:] :.171.1:e I _ - at r'.:zd. - m _.a q.::_:_ ale :r: mm: am . vi ph snan; D we _ _lai_..r-' :_s l_ de ::•_t_:ial _ xiin_ m a. tar 7 :1____ua..:, we ._r judicial aaarea_ r _ r , t r1_ a}rr la )f fmanci l aai °.a _ement v. i..::;: The n.-_:aaca i_:= ra : v. a=e the fiaa.racial a r - tlhet e ti. Vii.-;:it r - nt a t, - ~ _ - : ~ deSi =E e.e x e a_plivable r d ; _ - o - - U hn ,..e Adapdon 0f nn aur:ml Ln 0ng&MMC COU61an:ru:. ;,.u 1 :.s.aLa,-Eurl 5 0 awn -5. aaeai aar.;:.t me the .:.u:., a _ _ =n__a a' a:: emena au, oau _:ywa e__t. _:e0sie :__,t__:al a..:_'. NWe $caia aa:y Wea..',.:Za.i• u the caa. i::.ra,. Y... ' dl_e: Le:.11:.e a :i_e•_ f -_.=L; .:,m. .s_ rr•=n ca by state atMM. ra__dad :.:::ia:a:aio s k t ,i::a:__ um = an;.:t be is . kmo ; _e::. Ne iu d.---nce VO -.:..1_._-ria. MI -Fa_.eUL a0l TV= he.-: _.:rQOmc _M-1 nVm= Toy; a AmmW Le-._= _:r r::e :e :nod ;keg a1ar:_ the :ea•,:_:_': =U A e b715 q7-WDIE A10- Durl'-e a l . d Y Z Ut vi. = Ii vs a ..ri.; =ai. h a s the staida d ea gtion a Gi unifoim must dj Taaati.aaais et#ti,ae )etiber'.1'. titre 11! htn cf •-mu ani c'>o lcr.: ID lac :l ernanenr Section 7. ~ 7a i:i 1 } rr- ;nuts a.mi •rnnazec°sm audit COStS. a loco.d ,aaea€auuen r rate-a •srereri fu,a.aci . a -:-,-•nee nizy a , e:: action of its zoo eimiurrg body a Bugle auuht as . ks by all :,tats ajoncn~ = v. L-:: Li t recEive. : :l r_r_L receipt ma es r m-.n:.-;::r m.. E - L:,]_ 1 cemmultzian he _i.,-.e a 3.-:.-e0a11,,_1,_ Cday: W. teat>-x_ yr _ n cr u:.m.ri PUNK Pa..-.r I a _ _ - , _.l a= a,:y wall. to t:,_ ]:_r_ ._aQE . nni _ or ---±_i,::ed .:.r. "_C _r: f - _ - . n e de i In ame . e He , a T _m a_ l_ :al = erlaae..t . :t ta ~oveeaaitag : ay. _ta re t E . a n -r _ c 1 -ar.•: u. dj T1ui_ =,ti.aaa does no 'er lae. hmmdby the Laaar='"' Ja :f -,i cr el tp,t:.; 'i_ c.a Eitm" e one . _.:tkm& Mega. te:r:__al._da.; `1 a u EMERGENCY ectiaai 0. T'h.e au---,::- -.c- rce l;.:c ME m c-:.,.,. sdion. - {le m b.-ti.,e. ea;- a m=_'===a::. ani an _iir ere r.: :l,i: r _ar WS Z r:n.:::aie. nas ze:.usr-ki__: be . en A :aa In e ' 1 . y a e7m ,'_•n:. . :.a :}e.. :'e.i. r An 70 _ eaect .be .ai ~ ' - Eby im r.~... _:.~h:e to ITS tehua: ,:_a i=.. - -.i..:r_:, P41 ?I PV >A A i r,~f ~ h , ~ , `~t s rr E ~ r E ~ <<' ' fi, , . ' . ~ ] 'Jf F` „',t' =tsa: Luigi] 2'irlc~=~r>mr. f`r=•-esu:: 7J:n_uaL C}t~."'~F.^ Pazed Homo :,u =.:Ii- 1931: IMAysI ? r_ xmvr •tot-ra•.ns F~,us•e•rehsedtoconcur ir_ _nve _if_ mennto H& 51 _ - z An 4 _ by-, U:-11-_o_ r c to and 01 Ow q n _eoi t of a conference : 3ui - _rr..e- r the dh sn ':c PA -_='n - =r At it re_: n _ i ee r_v _ _i _3.F' -91 r 161 '_-e: 19, AM E Ile IM M p,:, =0421::E t~" 7.1,'.:: the s1:-=:rug--m=eu_:_: -,y n-- AgOTOvel Juno 16,1911, =_fe::i _ =1,_.8 1.0jdays aRerdate €f.;_. wmame.r ~ ef___._ e'_ept.:.15 F'll-7 RIDPLMO-1~ rl a.e,. r , r,~f r . ~ ] ]f s rr E _•~`.i ~ r E ~:r <<,f st` ' fi, , ~,f ~i;` ~ ,tfr`,',r 7m y W K Wlc Rsm Pa paw kJaus.l _ ITII ° ZZr°T~•.._. c aFr.er _ti:'---:_-:. in, ::..C - - --i2 ."`_li- if retp-r1.2.-- `esxwr,ul a, eord ukh ' J`: "i1 tllas° 1 O:_r. VSvw:. L:o:.1 than v;:e 5u d.:_.. nlannei.. tom: '-1' 2-.'e.'. of T_:_, ',Meta .t. _UC-i 3r.. ~]a._tt27 ].e1`L e :r_ u~2 ,n.. _c,t P t a__ n:errt... The n = -t, it P-2- -=it J tr,lra__: = ! _u ,=erue:_r. ..V.:,,, .:l: ermS t.,,, =r.~__e2r. In e ' ~ 1 , _ :-t.~e _ .a.h ..,1- - P .-.T - - I11 P . { : i 1.] UNI :.,stn-. il:i .-'.-ide r_1e ;r~-:2, 7-I-1ee :Ie a, ':=r: and -au i~m zonden _ r:r-_= a.1 c=iteri, nn~ a th 11,16 ._t-y a, wn 1yagymno _,.t al: can _i e.t:i::: _.,.t- K-•a-- -.4; _..:__I,Irn'':. - at q:::, MA t.= - - ~r' ;20::e.i:M! t'_ ._'..:1e AM :LLt..li .`ant;: _2 001=3013n, H_. _.er. I : re _ _ ::.all -n.'. - i coned 3::._rrr'---, ;~.t~_.:r.; .__._I , 21e:e::.-.' to cM11': :01 au- - e-._ .2:.3:1.;21.._:a _...2- { ZH~';rL ;.i 11. 1 - _ _ .Drpc1--11.1 r,, 1:^-T-=-1 ;.8 Al _:n7:n fC1 =0 ZVpun _ rIr~ In and a1.-=tr. Such as d. to de:artu e P:]1e :_=r . _ . i i2:i aln: art L _ci_t .It,,]] 1-.e ~•]rltu.ed and.c,_Zi~d. A. Financial, cperati 3g_~ are conducted l L-o_t €U1 L! 51110h a Way as W 3XMId jkI . t-: B. Financial °-tatements ar°e ri-esa ted fairb:. A. Standards. C:. The e_-a.uea affecting tlx: =rrue a..rt =a,,=.: ?_tam _.__et':nn Mt..:_ . r-li_:;_d: _..,..i: ._i Cr_ . er--al.10 ',:1' F't::•__:.rLt:. .::r.:'.'i:ie:. r•Ir=: Ilt:erna. e -eau e1r31:.--0:_e3 t•:• raveet the Ftwctnn: aaA ME 1 :cr l .e 10A: f -L., -w! _ alaue _r: -in- -m:=1i,-r aTphMe= F ,•u_i repc2t ccnta_r acc'1uate and reliable C e:ti,ne F:.1:11. : w, .;:a.: - -u _..r.; v.'.,. . e ---3 ie x7:'!1.1;__''. ~_`lt: .c.. heque:a:y Ann e. _ e?.r:.. ivil_ -n---] ..de t 1utin_'ni-oa, are A. :hall a:A their t 'n proceduc,el to , ule t _:t the ° stem: a W:tt:;] - ---n - ystems n .,_e i1-._- -nle, ...alit and --c d!-,e tile : a of ev;Whed .c emsuze amuplonn ,v-rl'r x id ,.lidms .t_:.r, 3-- ::::.r :_:e L`- omp" v. do the r_.: Leutr_::a aNcti2 _ the e .penl!i :.i _ of' :rar_ : 11:.:::Za] L_ ,,,.r._ the an.-, : ._t:. sk i ru ..tat-u..t d 1 - of F -=L1 m _ . , 1 _scuibed 02M1ecipie2l X321 . r.:21: . i -t,,_Zn =...i -_eir:. for .-nt:. e:.12re: t: he inn W, 3-- .:,r v :±e _.i:1x__t Fxantin2ticn: ---:.:'-'tae al a to detertude ulether: are e:c.=:1-_e;{ :o erne: att~ ::1212-:_.'et:___c= eenle:_ts audit any er .at = it . _ :hcr_d : m a&- to (1) There to of tr n>- u a2laprapel'. four deteawire v:Irl?-L-- it _ e ecianraxuic.,: Zetene;;es, experad2tte:: _..-Uhi the -e_ het Won ;mom Not In maauce: ue uee of url7. a e2.:11e::r.al ne2._,n_: ..2e 1'en: l d vim C4 The .i2_ancia_ :n;t:mmu we :.elt bxY 177. .,:r_; :e _ a11:.it :enicy! Ten „-..:e 'r:__ Ke arc s..-:,_ =eue:n eptec. 3:: ,o._-:=t.:_.,,"e. the ,_rh ; :-311 _12, {e 3 r'=K-n. e AM ! t. .,.1-c (d) The - ct -t :,--K{11ey= t :=::.t, ns - `:an a A! at ..p: _ rt 'i =r,::: d : -F. F 11 rr 1:-i. _ AD a.,.it statun Ze : CZA re ._.am. fri .=.ut ,L:eu ruf ra ._::a.. W h be n u_ Lie 0: :e':2e'•,- 1." : _=n;t CO:_t.I n1 121-.1 telr3:~_e .1ci r_ F :._s.red. Vim! -=-n:. ;n.__:=:._2e i_._.1..._ thine#` na..___•-°'oce,ah he:i _Eme:a;.a77d W 11, t- = ;In ie A -'-I. r =•2 t=.I to . f,-i:- _ F rtl.;- 1G l:.tdi _.l's v ::11.31 _ rtS•_. 1 t, _ n Q d af1e1 f_na] _ emu. .1e _n l.-. ']w d: V~e t;,2:. _ --.nv sTendid. i1 i :r'._ e ,,;iA the e2:3Yant. TLe 3t :.:.3L1 ,e. 1;2..jaa :ed. 1:•12.1: to ,.:2 - .;pp ..:e _:-e77:1e__ s _..i u: f.. reyared 3gea7 ge::_ i f ilnd.,iL La--e ii-• :,ee2; ;--d .t m no a"ezt7]at_cn::__:.r ._:a:_- _ a _=_ir_-_s, re ~Kd. a n:: on At f_ _a2v r.•tern.ent- t] ZC t :e E T?l -O-P77 77 r 1' l~ fr ~ I~ f I V ~ .li rF I Ir, ~l r ° 1 ] ~ f s rr E ~ r t ~ ~ I :f s t` ' fi, , ° l~ . r ~i: ` ~ 11 • L` r -rsa: Lui~~:',.: [i=:rrur.f`r_,rrsic.:7Jneu>J CH,,? TT=^-: - Change. =:.e .i.' :c-•L1917i].~P1t~ .?l..~ll._'.'::~; 3:_ L: 1.37.:e PS ±e tTvm~ of izvm~ ((1) AIE - = e . al - ' orra le 61 the propel LLB -e=i a l ; ,_:Ile ° . - - e.;[i-. X _d Il(:d.-i n.tl;cec- of : 1for l.tc -n exchnious IN ,.;:a:: 1 _ li_oul;'•• nce .i-._: 0 t_:_= : ; jvee=sn:,. And We r } , . i u - e. 1 1 Sr.e ] u r L -ib __..I • r mad _Le -ven con ,i,reinl r.LUti."? treatment and a}one11 1.:-.o 3 iu .e=-ial t` tL- f=_L LL • _ i.ep~,rt;a , L 'hlti', • m both : t-to a n i other adtivitie~ of the and Inct"En 1 C'at,l_ _:::ionofp lt,.,.-e ::11;ce with rerpect ( 74e ail :1-li.cable credi.t°e: to con _au,_e le ~lirelwerrtc fc: -e le- it=erns., and ],~?ltl`. a : ".13_ .r L. ..Ln.te=fed. its.. (e'- - ' 1 I inc" . le is pr e r_ -ahl.e to othu =.e ; _ L p. _ r,-m. 4s :=o=ents the accuracy and caln~l = of a_:allci,a] npor°ts and clauu:r, for redubtucemant t (t: oo prope l _wdod je corw it ire an! agencies. is Ejc. t . ri n ,n audit excel c n a deteluli • tion by an. a b:ec :1:cL ..3-:_.aIm, apt:1:::1::e •ta.. au;:e: ,.t_ 1,_i uid'itoyLs a . _ = with 0!B- Li:a.11-= "COO P LW _e: 23 net ]:C : LlY -l; _,_e - It : the } : _ j: . -._]ee-._el 1;:: ;Ir:•L11d e ai l kn al gmyrum " , be kowd. The _ _ "Le_rr t nme do H _ _ or 1. _ V> a rce of Op.. _ .t d 1:,. sn i=:cl The ',-.-ere immed :'a acccrdarce _n._edtNe Den =wre_rtwillbe w 11 Me rte-:-", _t , DIIiepor-ts 1._1d,..:i L::•: _1=:.. if c verad by of 1_' `B lec_::ea Lola. .:1 The 102; ani r, be n4 I Toe allocated eq,.t_.ably to ben i 1_=L- activities, n r. iucl., ii_:g ]lore-:;ta r _r=e:. andit..And also, Q.-ise th y pw - w: of to inzs1n, owe of MY iteu~ . C. The ava.t ]e .rt hall2'achidie: Tie =.'eparttweLt ]eni_e Lat 1 : Il::.: =•=ul.l ]e _-`r n.d t (1` F =,-.nel _ footnotes. of the the Di amwe_rt concsinn=7 ,s.di. ?C: L-ys let:r.:el y l at]> ::cl;. of .__e ] ,la_=c- lepoit. h,- , iat =_:I:" re®pcli-.e ]e.c•:''e ui ,11 of the At (2 !he alldON cal nellt~r on, :_:e :I3,:.:lci3I state:lst, MS the lea, t.:_:... _:_In I I , e Should, ulc.l.rrde:: ,x,11:•__= :.h,..ld.: - , 4S,l Le] i. i'~ a _-ement lvah the xlAlt and, Ids".t.~ -.L.teLLlr:'_:I: examined, aa;l :_r pox ;i leC ]i___ ❑ , r=0 ELt L:. TYoIa-L4neLLIY+zil;we • 12=c { VEL'e•=:. lea:.c•li.'. LL€'n be :-..-e~:'_. Th Ide_ tA- the 7mien. :writes under: which the B. Reconi__=en 1• _n: ,1 1;• rt dor ii;e.-ration for non to : A- d fe s k =e ;=e ftmds, and the axu na emrlrect :_c n r _ tl ,.:a en: _ _ n: .:f*t the „ari.__.ei-.ed; All a'tQa ?t::]_a ___.,.a to wn :ix :e ] iit ,e icrae bi accordance with the ni u: - =awe I_ r_.__pca I::e:_ Am i:__'A:,~ 1•:::I l _,:n 67 - 52: :.nd :ntrirr e tw;_ _u:L avi . e in x L um:t:.:n_ nr c the I EKY x an cl an= i , ;,1i e ±e : -7a.: .r.oments tare :.'_ire rhe= ___ai t e 60 are f•h. =n 1 r:i-u '.in; -nom.-. ,Lee°pted. On ,:p_ w 1, N AV n _ 1. 1::m__::I aawua~g y011. I .:Ilt.d{.~t be -_]i: -_...T wf ....nn:_ .__e expire.:ei,' ~the li3-_lec: :t:ri_:s wMbe Le_e.:_:. __:;,.I:____1.., iwan::rof ±e:n-.c Awe __'_L7 -t be • 1e rr], _:=r O d r Rnk ' rt_'=e 7N W_ -niaae_Lts on compliance anal internal of the to e a i - ::f • It o_ _d: pa;111.e: i l!I :T clL_c : to th'_ _ 51 l le, _ ':I' 1 =1_ i r:'. T~lr' _ ~_n.:. 1 d- ,r.l fi r J` l~ fr ~ f' f I V ~ , ,li rF Lot: 1 'r I:;=:rmur. Pm-rar-: 1.1;raual i73 r,tR. PROJECT TER_MIN TIC: it: C)NfITIA',; t:=E , r..._L T:ltl. 7-?r #'i= 3llr.,' _a a. a„ TeLMLU;uOelLl. Il,e r.2__ t.;. cn c:f the I -a 11..-- Ole 77.: -r3__=. .i.ulice, h 01:I 1- 7. Um(lel' II_tl-.:alLc__.:l? .bl a-r..' rope: 7t:1?•.. 1 : ;:l' ;ect l,_ e_ r -.,:•th,e.:I:_ •:_7~I:1_ri_::. 1 l:::I 7C 7. ea1111a _1: a „ u:r.u:i•:u T ..1.e:_',::ti _ I ._;t i s au c i;tut C hjcoc7Lt. T-• .-l._-•a'eout of 3 --mat is. the the ?-1 . _tnle_ t -1 ram 1 n 1' lie ri taI=L'ue a ei.tu: l;_ IP - - _ : - 1 F-i iL _ • - =-;i , :I I I r1Le i. _ w.,.n.. le.~v filed 71 :1111:7 .poll. cdl,- a, .1e:-:ei t ~ '.n: " .:e =r12:: La:. -eei i :.:ia.; I: by the rsel:TLil?t. „ Ik Ir, r>t L_ oin EI le ri!`a the +t'"p Sconi}let. cl _77,'e ';..eL m [;:lLi e n the event that the r dose not when I: ;-2 . L r i p.: .2!- 1 or t1. t .u :__e I. 1. rr 1 1;r L a . t fnlt in th 'L , t Contract Er-n doc.mieslt L _ement or a2__en,'10 :eui" ?c_r..:_: _ Ill r.?-L1:.'.. -.:.11 a•c~ae thereto .Liaarlsi~hproL., m .t3 _:e ?lyd , a~ rh. 9. ex c s? 1 .-i e •rn1 ::i .rut Q _:L as i. ted. trot.. -.e,t .ita:..:. f::Ik- n a :.'.3'.' be t-1:e wont i 17Le LEI, $=1. SRI 1_ 1LP uI~ aye lzrilliMall 1. The Depa t ent iua, a:it]~ 1 _,a_meut to the leE_1.11,pllI~t: f. n __'..t: i. 1heDepal:elltma; auid,_:_:]-_ el~:.•Il_:'?1Yi__l r`_.. -l,_ :1:•,:•Li.-:: p .11-I.•'.'L;L ? apnii_:_r. 12 gI. V. p._; .1k'' the :r: _t Of tL ;:.,e.:t Ill na73.cial Lp e I t;el _?1 le -Llir d .s a c--r,- of the - - J _ 1 l:; rs,~ =ice 7 11 L the 11-1,s L:e ~La>leut73. -:3La. e to _]au. au re ale Ste d, _7. a.te ...er' r... :e. _ u..,.:.tit T 1:- .::e 1 Dil 4 Di ---L Befi:3e S. Terin eL7n•:eL I ,luu uI - iiuii :1- r]}- ami]atelall C p .:jec r•:rtu1 = . c1_:a-_ t Le e oi: __en =ae L _ =L 1 = 1 :i : _ r. r all: tulle Pnor to the J'm :r Et, .r. tl,a ma?v re.L] t :n a ___:1_:1 . F'_:: fi:Lnt: _ -;r..r ;_:...r.-I a, A te:r 1_4 t1 ii-_:pection the iw. 1 1 I 1:-? t.•--'L7;.1n.csdifed, o] aIlLl.eli Hi 1 __-Lltl _ .1 L?_-__eut o the I .i r. 11e•- 3I7.d elated a}GL771t 41''a= ad;cl L' sponsor: au f, the ~ 731tLL_=r1 . } 6, Teelmiu-in;>u f,:Q' Trie D?pXL._:-FW tua :_fl .Lliti=:. ..?:el mod.a~73.rI .:L?:..I::I.u?d ua LL_:_.li..l : a li" :L [ Dl- _ ?u-. 77371- bef&l'e levl:eo_ e_e:='_']~-: the 67i <:•t 1:I1 :r.:i_:e:niuled The ura? l1. _ r. 1 - _th rlr_ -v, _rr: t --l,-At. .or ith. -1 }__ced:_-: T_- II S] 7._r.=: a _f: tl, L edtzbl aged tE.. tllr- - zticlm P _ t be fa::7,I'.l3.ed to : _e D-I-:.:t133,ent as with f17e e F c 2i7-c_e :e pLCC?dell? . he ,:•.'e-:e 1,. _;IE~:-7 _.:_Il: LCale: ':r-'?. tel:_.:e,:.:e•.: f._r h.':e AI- ] u a_ Ar i I I ..i t'...::i D. -17e E--p-ltllleilt shall s ibmit, 3f:el 1 ? -..ec,r ll the i_: f :$:nntmap au,_.1e:t_ - - -li:e: _ re e:_n.D r for 1: e:1: e-_ ~eL'L] L LL~EI. 3_. LL f-DL t_ 0r:l.I 2Di eD Tre 3:x-til.: t c . ___1}111i.:: _ ~1 '.Il, ual. LlI IL. -1.712l'.. . IP_ ill :.::all both ,I _ di -r trip t_ll r_:___ p. CI :r u.,t re:.._t: .:2:11 fi:L: 'Al 7._'_T the [c]..:I i..I:Y,:•Ii.=:Il::::C ]i:. h.iclui= die et_'e :]fc :I-.:e a'Yi~'. 171. the ca.:? Lii 11 t lll : PC]: Il p. e: lil3at?d. Lr:.r.i F l , l r Jl~ fr ' f~ f 1 V~ ~ .`i rF i sr ~ ~f : r ° i . - ~ . ~ f s rr E _•'`.i ~ r E ~ ~ << ,f tr ' fi, , ° ' ~ ~ . ~ ~i: ` ~ ,rf r` r` Ln:,1Pail:,=r:mc.Pr :7naz: 7,L,:.u:,l MR.. J011HEIION RESP'rrNMILITIE`f:+=ONVEE:-,ION G11L:IELI~F'j 1.. Oper,htiou iud Nl iiiireautiaee. F'r ._~17- t re '_:Y ds _ nd -A± I inh . is ance =L..__ be epe. re:l <ni Then r i n],- .e t1~e aecreau~u aaea} ae _ . tc ll:= na. the P: W . r ----Cllr ttililug d : _ IiCe=e rl . re: iae mew'. I, r I;e.r: _-a:l be maintained _r} as to appear to ; .3 - :c e public. C. ::r rlr e B, in K TOMMY ecOn 5;, f of the F_= aI du1n _ -t.'.Zues that no .-:_.L ....-iru:.- fa: ilati _ . = ::_au .._..a v1' pomn n}; li:nl- l; nn m_.. l:-.:*._:rl::.._:n Le c :r be ,LiI.e r 1 r:: 11 u. : rti -r any prc ZL r.:._rm 1 . 1iU- WLi:h uo:eh4i u 1 ".:a_ - AMA ; uc.; vni: n:e - - c: ntea an! um : -iuw:, ae The T Ar ecrru- .ef;r m I_-::_ _:-:i1 `r rri._.; .::d die -i W.bil,iti_,. of 1993 (11 M136 . nyt 3PNW_::1B e:erequuuem rar_; a_,_~aa. tlae I. 71;11113h p T-r T rtati r Iatojec: - _.cr . =n• :e m;.; :•n:; : s _:uu as the t~°pe and, eaa t _ f area.: 1 e h _.e:i ] -l:. _ _ ea I:.: _rnaa"r. !an be kept _n 1.0- - we 1 en -,::I, '.i. . m. r. i_-. Q uw- ::nl e : ,r ialie- uf' An ~Yn, r a t_ .u.e -,-pe xr. _'t co - ro.& ;.r.: M.. __trt it' - be of al-es _ : the a e: a .n cr f, :lity a;il,ii.Qlitj+ to Urer . be = , _;Il:_.:.-_ on the Bade of F_ Cc. _ Lida 71 I Cuu :r:iou. Opel. ccgiu.:=d or it?: :._;Y An :rar : n; , .u=•_: a: eve: I:.__:aan, l: ill: ._,.r:-,n_: :.1;..__ 30112,7 _`_•r JO: . -.nncc .::nll ':chi on ew an! .:e l;-- nll pen__n ae__ennan. A o is r_ .:r- elc WE n:--. n_; i.t_e::. of ine. _:1_•r inn KM _._eu . w:: axe be ":1,:. p _r„:i- _arl;le The 5 F-_:-, _ _ .~r.mt Tial.e usal ,rd.:n: --E I 13. _'r•r= 1 ,.-it- a.e yo~An. 7- - 17 Ile pop WE! c! to , aw ` _ , _u C n _ r.. , e I._?__:r.--=-': _MT led _T' Irtl_A.I ap.l, r n:°:: ::r -_:ree. an, ;re.;: I:~ t:_:.: vim ~ _ . __d t,: may i:'.-. .;:__ru:ry :-a--omen rlle _:uLi,.::: __;;__.}ve.Ill? ale 1o=::_. o c - --hing L s-ainn~_:r b Pu ___:r- r: inappirve a a u s,ecuoir: the r,:u e ( 1,:.= r r mytuu~ _:_atu ,~u i.:} ama r un a r I we } _ ='I nb: i r cr.: The n r:•. i:: r_l~aptsa° t d~;.l.~ apply to en:la. 0a the F~::: of aSe,. Clue F-,:- - - - ja& rennin :e: : .;.i: r,, mvb -1 r r._u pem_: a nm i c. 0±0 ' " --=C = ` 11i, :.:a and, ru. i } ~ r •::rli -ru. , .:.aaa afr:: a" _t c: Eve p .:r:n r. : f: = ~nn _icl Wit F he:^ e ::.e e:::e r i:.;.a:.;l:._e in, I:::..:.. he :v, K. _:ilen_: ::tei noon ;'r"- .Iy! :l_ ~.l__as 7l,wsL a:_d ctL,el 'ee: the lit..ul lass tl].!e .__}__'ed. :[11. c.__._ ai '___xI::e: re:idecree:. 4': 1.2 bcmid ._-p 10 cr ie.:: & :e, w . _e azwerut. In u1].:".. Fe eL.:, . nuin or: ; u and ice tl_, b to . Gi ur rnr.ll•. . ed t i tli~ <.:n ill•. to •.,.::r_ .:_re n c ,..:_a :_,...e:_r. ae_e:rn, I : -_:,il~ r•: '--`a-.::e~:r-:tr,_•,,Yf I.,.r n So :lin___i n w ur'_.._.en-:..:.:m_.denrf__.:n::°. 7 n'_:We r_.._-r_ n o±7. .__.r _:'rr_r_.ent: ;t ---:I..:Pb> :.t,to k. 1: :r; r -zuexall-.r odcuau 1 1 ire f i : rlrtr_ F : ea-. , r. __in Ow.lir n _ enh in the f' lJ. _ -":.,_u reru. . ;•11.,1:~_e rc: r~ ni..:- , _ On _ .a.rlah.e t d (1) proper6uteae=tf, are con- 2•yedfaa°a~ L_::eat : i 112as. f,. r h . ."ti rLE _111 &~1<<' -ts: Lac : d- r:iuv. Pr= no : XInzual - private) are made of the Dq-~ Mw =t 5', I i ~Yanzz :1 _ 1xa_:2 .1o Pew - i , cr } 1 i w 1 w } lr hen it ~V,- rI -7~ tr'1 -L :1,;.r Q X : die : 4 i17aS. a _i1, r::-atr_._ U_..._S -ire de: el .:d -,--s • hk 1:.__ie~: _-e-cLne::t _ ii.- a.e _ li.: Lt : _._ai._ .:_:1 . _ ...is?rl 'l':ll. aj: FO '31. be de:e:uu:ea : ei :I, Palo r,..;.Se of property a atised r Betel fed. 1., el n. H_rzd 11. .t i .:::7. 21 witll~}14 7= teimuzated. le ew 5'11; . rE::'i• n hee . Pre is t l ;lie ..__:cll d :__e t-.-De: _..e::re:;:i•:r, :_.crLCe': (5) En._yt.cn:, 3210, , }.:Ln.,:LrtL_. , .,ll.._._. . _ _ .,ll. ::i-: t: _:n Lnl.. ._.y =.ah ti . L: :1 .Mo.]. _ 111-_Mer to ea-=lbent-: that do not have V imi E it M rues _;le. 1::_Eo i -ll_:_ are at Least _ rap is tt. _e wr a Dual zattlE of do pAk El e 1_: t i i :i ut:y -l to . e e rn_.nit. a=_ the ,in n t c :IrStittlte a "a' : ncrl convened tom, r -u n!-'r- F-17ilities! or to e'n-!-: _e nail T 1 __an1 r red r e _l.e:;aan facilities wilew Karon to Kr .E the F __:n1 i:.r,u, v Ile. it :a_: bN tnrum Lit H i.. eim pycndt~ :E r : e.ennaiie I c,_r-_== I oil 17,::ea:- - 00 _n._:c r_::Un'-= ' -1. .•s1-: _ _ ]e::a:: _:I1_" t]i;: tl,e L'. _ - Kok UWY . Mg nth,: :rt n not con-Aiti.re a _ i --..eS . ]e=:. c.7Cl._.. wen n e~. `~'1 _ _ele t ho-. "i,e .u.c 7. La --a I' At on a < < 1 E i the _-,:ti : { mz t7se lie,. the epartnl _t -no : l.; . - 61011 13_. sn i ;:r~-. the-e _ - be = --I:I,e, if l -'err Wing w• n-. eL.- i tS in wi ar v'Er " i zov- Lenod :,nh h are _rted tc rags-• ubA c,)ar;-_dll: change ind the Mea Al: 1__ 31 _ o.7'C?a 5'. .Ls 1 :Inv i .0.. to : re 1: r tLr: : l e., it an•= rller u1 Ir_ _e no 1::;:Y mu tl, l:_ 1"' 1 N ;-c) -Ise acqui. Lti.:: parcel, of I.... ~ luau' be used i r?Oc't:o:_ it. :::Lts D_ :.1.'-Lh7e-'. :l::u:.::. l:: ":7i:i::? ..at::f,•:,tl_._::•f,._ _.:;•1.:,.1. _,:u.ex-..:::: The c rr. er i : n:.-1 i_ the ~ 1o el .twee-. the Q-'-- r ;...L : vu-. t r : i ~ ].--'H__1 E.1. e-T _111 rr1r:.-I=P.:e 1 .Ltic.iL .HL_:atrVeS tO tl : 7: IS have buM. be 1 of a:eA i_ Il]e'. . ..7 _,f.. the i" re. e l c u a SLound. ba i - we MN _ J,1•_.:'.'17e:_tl'.' _ •..e:i 1_ r :•tlle: 'ems` L __c.Ll.~. 11-.e of the r>_ be c 1, _170has r the .ed 1 incular.r rh_= x leda. 1.:;.t a been e;" bhi hE_ ;_Ll_. no 1:.:'='e7- 1.7.1:•,:•; :`r a.. - - : prograin a>:i.r- i } cI 0:=: of at two it f 7ila:] e L:e -i. jy a no ll,.: with `d The 7. >n=en ::a7xd was not csfgiasally a qcttned b the rL M M_ PID qwpoka1 .ra And:' e:, w :7s- 1h e value of _ . y for recrw&m. ti r D_ t?,.: 'ili not L .Le• dy amhance is recreation tt the ie :.:ahie t '_id, h,.: ncit •pL t. I• -n :iedi_at ,'..,11 =e: !by :eve .1:;_ } `L_,:we: "•'11-•e L: p 0w: Lietse l n e :=rar- a .E.iei of ,1:_L :Er I,o. F -]::Xed l:_ ",vah :cr t' _ 1_._•:,err, :,2 NC jEra] or State [_3j' Le . -Ied in the pupemd be ::in7am ,lad mat rec ;w:--_ri,red for 7 r.=.li;'..._. .an Ll r _l1 ;_e 1:: r Alen G 70 L : _ - 1 : _ r re, l r:e= - = i --aby in. u- 1 - T r wefidne i in d So a .__•_t 1---• - - . -'.:1 n rho ,3ia1'M-: 1.. n.=ie.wi. If ara 11-: Er .y a _ ,'r:. 7.. __.ei 1:':._.,_ ._.err._._ i,,l e .Cl_'.u]1_:71._7-_d 'uea .7-= :O DA nu _:L7b_-- The reaest:c:: _ -u----5' :7 _i 1acmed ;?me in. ]°eiC'_d]1on. use,, : be x5E:.., -_'-i 7: • pr+xs•ide:d 7.t :i ~ _ ~ I , : L~r= ] L..._=. -~u~. _ the repheem=:: - i : E17d ' E : 1 -=utaLeileu b~ L~t_- ,me ?1?a I: } r ~.l el?a ys :=s e r J' 1' fr ' f' f I V ~ , ,li rF 1 Ir, ~1 r . ~ ] ] f s rr J ~ r ~I E ~ a ,I :f ,a t` ' fi, , . l,f . r ~i; ` v ,Jf • I` r -rsi: Ln:il 'arl:~=r:1uc.Frcrr:uc: 7J:r:~ual il'L..IUR ` ° 6'v All, ueeeF° ari - Di:-]' ,..Con er •la]. a.].-L : a..=':. ; tL. '.t. 1adY" _~17r.12~'a172sa2~.,1L';f3.'r_.._ _'---li~l.li~•:. !-C;._. T .>dalines tal" gutu_n_= ~Irr.,] ati s h.lt.e been, 1:.-- :Ir k = ]e=_C .1 frdo u:.::. Ii]_. ill. be in, f,• _t _ 1 ea x_ : I _ed by Ave yA e.: tl7e farul _ ,-li uL:.:r . tlir t 1:_ -r L ___=err. d.rure le-,-=e,,: c: the n ' r as arnur, -ee r_hns er r•:•'_2:. in - _L rn:: _ :i_..e :moo . L a:_: , ._:1wA,n&ect. ,n] :r ':..:e i:-n.:u. ± _:e-:i_, e: do ~ __-'":1 lct;€•.-._ au7 .]r.. :::a' the my of .w_:: faUses orr all t:: t:: ri1 :lie Dapartu]e_°_t ] need ._L-rr , - .:_Iy comsLdei -u-.L.,_;r„e.Li-11 _aiie,. 7egltueurenty reLared to that K_er r gue:t i] ccn v7 pt u.K -t-an° a ^^,=1='Li: f-. ±±w if the ti rt2:_° Me u rele_t7r__ite L __=tea lia:e be o. met: . o 10 On 1 7h re:_::"_._ l:;:i] = r::_::'. C_:-I e: 0014B) ins hlj A Rued :i•:., a]:e:.:1.].e. hn.e beea7. u.=.t rel] = l ..;.:r c:f -11 r11 i ,j f, . Ile adequase ecii-,=tile ed, dut.~]]e1Lt ] au> L jec-Led on a o und, W-=u= Ave 1 1.-e: ' _ of Llre . _1..i:.i L _ oai,C Lr _:.:_;i in, F1imu_I_ pegrann7 regatlrenn7euts for approval and, Lllre e :a::r. - _.ai-. _L..::: 1 1 " MOO la: _l.: _u_ Ile c; :r;:i r1 ;:e no: _li mcwdan7.cew5hClsapter-6511. to=: V to Ave _a On ai::rance. the __m1] the oli_iL-._ . u: be _qK -:1 K 1]: . .t Air ; TUre e - ill be. onipatiblei,uitl7.r r °Crn -.r,d peaLt::i - e-.. t4,L.n the r.ui0 .eui ] =:n- cr. y',s111 ;.LLt. _ :e, r- ;•r1d, recreation ar°~e ]el-:-lirs the the G::_]:_-" _e°_., o•]i_. _.I.L'. hus__n the :c:le °C]L {}7°0 RE 1=:i elY ss.1L: 301 r . nt~t. e .'flEY1T7] LL.. a3 aed in 'lease a f iErue:_t. -l; -lie _ ropes=_ed stnieft ,e i c ui= ,t:I ie arid, cip ificautly - 1:nj,7,u.,. _ z 1 i;=:. the 1}q Kr:.e of ]L lei-: e,t1" Ile _t ~-E tlv7 re pmr _ % r=t-1i], .L- the pi--pe-t in isnea-:or, -'L _ I, -__:i E :7n; 1` ..f -.ie a_i,° L d tt,,* r._L:._.ua:_. _._1 _nc i y, _r-1 rlr•:•:e ]__mt by M L vc: 1.,:_,...i_. - _an apee_:__]1. ,-___ru]:na -1 301W 71 c_;rl_= ,AN_:_ :cube t._t__:-0 me t,t____. __..i__. 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Faam, tr c, --:pQ ±o 1 = . 1 ~c of of LI,_ :I::•:_`.:_: i; _=:p::::::~:I- _cr the Wudm 21 :..:e1 or rl, cl:I n in all peudnr= ='r. if tL =_.::r l Le } _ Il it ._:e:inf acts 11 i_: C. Deem the ~ t1 be ineligible ac. apply for tiara: a.eiatalrce for a pe .:I of time. lc E dry ,ai];7B:,ili4 }nr Iu prcriceL 71" dcv=_.::_ it; :L:._ a _ -::.1:s me :__r__ be -:_:b]e for a~,:}~e- 1; k:~ I~sl:~a:n~Lle::i lc le: _]~-a.t:•. s~v _7x11 lea: R t~ a ~a_,,m rA =1e~R ~~a;a®= P77FDA 0_1 1 r J~ l~ fr ~ f~ f 1 V ~ ~ ~`i rF i r, ~f ~ ~ . ~ ~ ~ ~ f s rr E _ ~ ~ E ~ ~ << <f t` ' fi, , ~ ~ . ~ is ` ~ yf ~ E` r A CD with the City of Denton Parks, Recreation and Trails Master Plan is on file with the original resolution. RESOLUTION \our documents\resolutions\09\mou loan of artwork.doc RESOLUTION NO. -OT A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING TO LOAN THE WATERCOLOR PAINTING, SPRING DUSK, TO THE PEARL FINCHER MUSEUM OF FINE ARTS IN SPRING, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Parks, Recreation and Beautification Board and the Public Art Committee recommend approval of the loan of Spring Dusk; and WHEREAS, the City Council finds that it is in the public interest to loan the watercolor painting, Spring Dusk, to the Pearl Fincher Museum of Fine Arts in Spring, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas hereby approves the loan of the watercolor painting, Spring Dusk, to the Pearl Fincher Museum of Fine Arts in Spring, Texas. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the5~~_ day of '2009. l MARK A. BU UG S MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: sAourdocunmtskontracts\o9lmou loan ofartwork.doc MEMORANDUM OF UNDERSTANDING "SPRING DUSK" WATERCOLOR BY ROB ERDLE Property of City of Denton DELIVERY Pearl Fischer Museum of Fine Arts must procure the services of Displays Unlimited, Inc. (art handlers) of Arlington, TX to pack and transport said piece of art to and from exhibition site. INSTALLATION No artwork or exhibition component may be removed from the Museum premises once installed without permission of the City of Denton. The Pearl Fincher Museum of Fine Arts staff produces all labels for the exhibition. The appropriate label text for each piece of artwork should, at a minimum, include the artist's name, title, and medium. INSURANCE The value of the work is required for insurance proposes. The City of Denton will provide an appraisal of the art and the amount of necessary insurance. Museum must show certificate of insurance from the time of removal from wall of Denton City Hall until it is safely returned to its permanent location. (This may be covered by art handlers and museum borrowers insurance). The work of art will be insured while on the premises and during shipment. Experienced gallery personnel will light the show. I have read and agree to follow the Memorandum of Understanding. CITY OF DENTO y Z") George . Campbell Date City Manager APPROVED AS TO LEGAL FORM: Anita Burgess, City Attorney BY: PEARL FINCHER MUSEUM OF FINE ARTS Rosemary Hickman Date Education Director MAR 1 7 2009 H11 By March 12, 2009 Huntington T. Block Insurance Agency, Inc. An Aon Company 1120 20th Street NW 6th Floor Washington, DC 20036 Telephone: (202) 223-0673 Fax: (202) 331-8409 wNvw.HuntingtonTBlock.com CERTIFICATE OF INSURANCE This memorandum is for information only; it is not a contract of insurance but attests that a policy as numbered herein, and as it stands at the date of this certificate, has been issued by the Company. Said policy is subject to change by endorsement and to assignment and cancellation in accordance with its terms. The following is information from the policy. Policy Type: HTB Small Museum Temporary Loans Named Insured: Cypress Creek Fine Art Association dba Pearl Fincher Museum of Fine Arts Address: 6815 Cypresswood Drive Spring, Tx 77379 Dates: From: April 3, 2009 To: August 15, 2009 12:01 A.M. Standard Time at the place of issuance. Limits of Liability: $15,400 on the following "Spring Dusk" by Rob Erdle, watercolor on paper, framed, 4x8' work(s) of art: It is understood and agreed that the City of Denton is named as Additional Insured as its respective interests may appear with regard to the above referenced work of art. * Fine Art Insurance on a wall-to-wall basis Company(s) and Policy Number(s) Ace Fire Underwriters Insurance Company IMCIO8674498 Certificate issued to: Citv of Denton City Hall 215 E. McKinney Denton, Tx 76201 Authorized Representative: Account Executive- Molly Slattery MCERT RESOLUTION \\CODAD\Departments\Legal\Our Documents\Resolutions\09\Arts & Jazz Festival Res.doc RESOLUTION NO. lezov_ A RESOLUTION ALLOWING PRO-FEST, INC. TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE DENTON ARTS & JAZZ FESTIVAL APRIL 24-26, 2009, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Quakertown Park and through the City of Denton co-sponsors the Denton Arts & Jazz Festival at the Quakertown Park; WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Denton Arts & Jazz Festival; and WHEREAS, Pro-Fest, Inc. has requested that they be sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival; and WHEREAS, the Parks, Recreation and Beautification Board has recommended that Pro- Fest, Inc. be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Pro-Fest, Inc. shall be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival on April 24-26, 2009 at the Quakertown Park upon the following conditions: 1. They shall be responsible for rental of any booth space necessary; 2. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 3. They shall provide the security necessary for the sale of alcoholic beverages; 4. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00. 5. Agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Denton Arts & Jazz Festival. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. r M RK A. YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. Q~ U APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: \\codad\departmcnts\1egaBour docunwnts\contracts Marts and jazz festival contract.doc QUAKERTOWN PARK AGREEMENT FOR THE DENTON ARTS & JAZZ FESTIVAL STATE OF TEXAS § COUNTY OF DENTON § This Agreement, made this 2/Aay of avd , 2009, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and the PRO- FEST, INC., (called "PRO-FEST, INC."). WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to PRO-FEST, INC. the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the DENTON ARTS & JAZZ FESTIVAL on APRIL 24-26, 2009, to be held at the Quakertown Park. Attached hereto and made a part hereof by is a copy of the resolution passed by the City Council of Denton, Texas, authorizing this privilege. This privilege does not extend beyond the date of the DENTON ARTS & JAZZ FESTIVAL set for the year 2009. ARTICLE 2 SCOPE OF SERVICES PRO-FEST, INC. in order to exercise the privilege to sell alcoholic beverages must perform the following: A. PRO-FEST, INC. shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the DENTON ARTS & JAZZ FESTIVAL. B. PRO-FEST, INC. shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the DENTON ARTS & JAZZ FESTIVAL. C. PRO-FEST, INC. shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the DENTON ARTS & JAZZ FESTIVAL. PRO-FEST, INC.'S failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the DENTON ARTS & JAZZ FESTIVAL. ARTICLE 3 LOCAL RULES AND REGULATION PRO-FEST, INC. agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Quakertown Park Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. PRO-FEST, INC. shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. PRO-FEST, INC. will exercise reasonable care and due diligence in their sale of alcoholic beverages at the DENTON ARTS & JAZZ FESTIVAL. ARTICLE 4 INDEMNITY AGREEMENT PRO-FEST, INC. shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of PRO-FEST, INC. or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE During the performance of the Agreement, PRO-FEST, INC. shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a raring with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not-less than $500,000 in the aggregate, and with property damage limits of not less that $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Liquor/Dram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City-owned property where alcohol will be provided or served. DENTON ARTS & JAZZ FESTIVAL Agreement - Page 2 i C. PRO-FEST, INC. shall famish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY and PRO-FEST, INC. In such event, PRO-FEST, INC. shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or pennitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To PRO-FEST, INC.: To CITY: Pro-Fest, Inc. City of Denton Carol Short City Manager 319 Pennsylvania Ave. 215 E. McKinney Denton, TX 76205 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and I exhibit, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of . this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. DENTON ARTS & JAZZ FESTIVAL Agreement - Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, PRO-FEST, INC. shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL PRO-FEST, INC. represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY PRO-FEST, INC. shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: (list exhibits) . Exhibit "A" Resolution No. 20D9' 0009. B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. C. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. DENTON ARTS & JAZZ FESTIVAL Agreement - Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and PRO-FEST, INC. has executed this Age =t rugh its duly authorized undersigned officer on this the l_day of )2009. CITY OF DENTON, TEXAS GEORGE/C. CAMPBELL, cfry MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: PRO-FEST, INC. BY: (LA-4~ Carol Short WITNESS: BY: U DENTON ARTS & JAZZ FESTIVAL Agreement - Page 5 Exhibit A \\CODAD\DepartmentALegal\Our Documents\Resolutiu.„%v.,, „w -a.doc RESOLUTION NO. A RESOLUTION ALLOWING PRO-FEST, INC. TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE DENTON ARTS & JAZZ FESTIVAL APRIL 24-26, 2009, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Quakertown Park and through the City of Denton co-sponsors the Denton Arts & Jazz Festival at the Quakertown Park; WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Denton Arts & Jazz Festival; and WHEREAS, Pro-Fest, Inc. has requested that they be sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival; and WHEREAS, the Parks, Recreation and Beautification Board has recommended that Pro- Fest, Inc. be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Pro-Fest, Inc. shall be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival on April 24-26, 2009 at the Quakertown Park upon the following conditions: 1. They shall be responsible for rental of any booth space necessary; 2. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 3. They shall provide the security necessary for the sale of alcoholic beverages; 4. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00. 5. Agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Denton Arts & Jazz Festival. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 52009. i M RK A. YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. VQ~-- APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: RESOLUTION \\CODAD\Departments\Legal\Our Documents\Resolutions\09\Cinco De Mayo alcohol sell.doc RESOLUTION NO. - A RESOLUTION ALLOWING MIGUELITO'S TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE C1NCO DE MAYO CELEBRATION ON MAY 2, 2009, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Quakertown Park and through the Park and Recreations Department co-sponsors a Cinco De Mayo Celebration at the Quakertown Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Cinco De Mayo Celebration; and WHEREAS, Diana Cruz, doing business as Miguelito's (called "Miguelito's"), has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Cinco De Mayo Celebration on May 2, 2009; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Miguelito's be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: - SECTION 1. Miguelito's shall be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration on May 2, 2009 at the Quakertown Park upon the following conditions: 1. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00; 4. Liquor/Dram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City-owned property where alcohol will be provided or served; CODAD\DepartmentAl-egal\Our Documents\Resolutions\09\Cinco De Mayo alcohol sell.doc 5. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Cinco De Mayo Celebration. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this Resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. Cwt MARK A. ~ PkAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: k-1 "n APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: i/ Page 2 of 2 r \\codad\departments\JegaMur documents\contracts\09\6nco de mayo contractdoc QUAKERTOWN PARK AGREEMENT FOR THE CINCO DE MAYO STATE OF TEXAS § COUNTY OF DENTON § This Agreement, made this V5-(day of , 2009, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and MIGUELITO' S, (called "MIGUELITO' S"). WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to MIGUELITO'S the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the CINCO DE MAYO on May 2, 2009, to be held at the Quakertown Park. Attached hereto and made a part hereof by is a copy of the resolution passed by the City Council of Denton, Texas, authorizing this privilege. This privilege does not extend beyond the date of the CINCO DE MAYO set for the year 2009. ARTICLE 2 SCOPE OF SERVICES MIGUELITO'S in order to exercise the privilege to sell alcoholic beverages must perform the following: A. MIGUELITO'S shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the CINCO DE MAYO. B. MIGUELITO'S shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the CINCO DE MAYO. C. MIGUELITO' S shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the CINCO DE MAYO. MIGUELITO'S failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the CINCO DE MAYO. ARTICLE 3 LOCAL RULES AND REGULATION MIGUELITO' S agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Quakertown Park Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. MIGUELITO'S shall pay all taxes, if any, of every nature and descr iption arising out of or in any manner connected with the sale of alcoholic beverages. MIGUELITO'S will exercise reasonable care and due diligence in their sale of alcoholic beverages at the CINCO DE MAYO. ARTICLE 4 INDEMNITY AGREEMENT MIGUELITO' S shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of MIGUELITO'S or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE During the performance of the Agreement, MIGUELITO'S shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less that S100,000 for each occurrence and not less than $100,000 in the aggregate. B. Liquor/Dram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City-owned property where alcohol will be provided or served. CINCO DE MAYO Agreement - Page 2 C. MIGUELITO'S shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CITY as an additional 'ensured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY and MIGUELITO'S. In such event, MIGUELITO'S shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To MIGUELITO'S: To CITY: MIGUELITO' S City of Denton Diana Cruz City Manager 420 E. McKinney 215 E. McKinney Denton, TX 76201 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and / exhibit, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, . promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SE VERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. CINCO DE MAYO Agreement - Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, MIGUELITO'S shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL MIGUELITO'S represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY MIGUELITO' S shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. i ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: (list exhibits) Exhibit "A" Resolution No. B. Venue of any suit or cause of action under this Agreement shall he exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. C. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. CINCO DE MAYO Agreement - Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and MIGUELITO'S,ias execut this ?agreement through its duly authorized undersigned officer on this the -521 day of 2009. CITY OF DENTON, TEXAS GEO GE C BELL, CI MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: MIGUELITO' S BY: v) DIANA CRUZ WTINNESS: BY: CINCO DE MAYO Agreement - Page 5 \\C0DAD\Departments\Lega1\0urpocuments\Resolutions\0W Exhibit A RESOLUTION NO. A RESOLUTION ALLOWING MIGUELITO'S TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE C1NCO DE MAYO CELEBRATION ON MAY 2, 2009, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Quakertown Park and through the Park and Recreations Department co-sponsors a Cinco De Mayo Celebration at the Quakertown Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Cinco De Mayo Celebration; and WHEREAS, Diana Cruz, doing business as Miguelito's (called "Miguelito's"), has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Cinco De Mayo Celebration on May 2, 2009; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Miguelito's be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Miguelito's shall be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration on May 2, 2009 at the Quakertown Park upon the following conditions: 1. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00; 4. Liquor/Dram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City-owned property where alcohol will be provided or served; \\CODAD\Departments\Legal\Our Documents\Resolutions\09\Cinco De Mayo alcohol sell.doc 5. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Cinco De Mayo Celebration. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this Resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of r 52009. L MARK A. ~ YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: k-1 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2 RESOLUTION RESOLUTION NO. R2009-~ A RESOLUTION RE-APPOINTING TIMOTHY S. FISHER AS THE CITY'S REPRESENT- ATIVE TO SERVE AS A MEMBER OF THE BOARD OF DIRECTORS OF THE UPPER TRINITY REGIONAL WATER DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Timothy S. Fisher ("Fisher"), the Assistant Director of Water Utilities of the City is presently serving as the appointed City of Denton representative to the Board of Directors of the Upper Trinity Regional Water District ("UTRWD"), as well as serving as Secretary of the Board. Fisher is scheduled to complete his term of office, effective May 31, 2009; WHEREAS, Fisher has demonstrated a complete knowledge and history of the water is- sues brought up by the UTRWD and is likewise involved with the day-to-day activities involving the Water Utility Department of the City of Denton; he has represented the City of Denton, be- fore the UTRWD very well; and the City Council finds that Fisher has met the qualifications of eligibility for appointment to the UTRWD Board; and WHEREAS, after due consideration, the City Council of the City of Denton, Texas re- appoints, as its representative to the UTRWD Board of Directors, Timothy S. Fisher, to serve as the Denton representative on the UTRWD Board of Directors for a term of four (4) years, effec- tive May 31, 2009; and NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: Timothy S. Fisher is hereby re-appointed as the City of Denton's repre- sentative, to serve as a member of the UTRWD Board of Directors, effective May 31, 2009. SECTION 2: The City Manager, or his designee, is hereby directed to transmit a true and correct copy of this Resolution to the Assistant Secretary, UTRWD Board of Directors. SECTION 3: This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2 /`5 day of , 2009. B OU , MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: 1 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY on 0 By: 2 RESOLUTION RESOLUTION NO. R2009- QlZ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPOINTING JOSEPH MULROY, AS THE MEDIATION REPRESENTATIVE FOR THE CITY OF DENTON, TEXAS REGARDING THE MEDIATION TO BE CONDUCTED INVOLVING THE CITIES OF BRYAN, DENTON, GARLAND AND GREENVILLE, TEXAS REGARDING MATTERS RELATED TO THE TEXAS MUNICIPAL POWER AGENCY, A JOINT POWERS AGENCY; AND APPOINTING MARK A. BURROUGHS, AS THE ALTERNATE MEDIATION REPRESENTATIVE FOR THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas intends to enter into mediation in order to resolve several issues that are currently outstanding among the Texas Municipal Power Agency ("TMPA") four member cities; and WHEREAS, the City Council, after careful deliberation and due consideration of candidates, after nominations, each by a unanimous vote, is of the opinion that Joseph Mulroy, of Denton, Texas should be appointed as the mediation representative of the City; and Mark A. Burroughs is appointed as the alternate mediation representative of the City, to participate in the upcoming mediation referenced hereinabove; and such City representative shall act in accordance with the direction provided by the City Council; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Joseph Mulroy is hereby appointed to serve as the City of Denton, Texas mediation representative regarding that certain mediation to be held by and between the Cities of Bryan, Denton, Garland and Greenville, Texas regarding matters related to the Texas Municipal Power Agency; Mark A. Burroughs is hereby appointed as the alternate mediation representative; such mediation representative shall act in accordance with the direction provided by the City Council; and such mediation representative shall continue to serve until the mediation is complete or until further resolution of the City Council. SECTION 2. This resolution shall become effective immediately after its signature and approval. PASSED AND APPROVED this the 19th d f May, 2009. MARK B UGHS- MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY' ,c1'~ l APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: ji~ J-D RESOLUTION s:\our documents\resolutions\09\2009 action plan resolution.doc RESOLUTION NO. Q - A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 2009 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, as a CDBG entitlement City and a HOME participating jurisdiction, has prepared, through a citizen participation process, a program for utilizing its 2009-year entitlement funds, program income, reallocated funding from previous years and CDBG-R American Recovery and Reinvestment Act funds in the approximate amount of $1,900,000; and WHEREAS, citizen participation requirements, including the holding of public hearings, have been met; and WHEREAS, the Community Development Act of 1974 and the National Affordable Housing Act of 1990 require an application and appropriate certifications included in the Consolidated Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development a 2009 Action Plan and appropriate certifications for entitlement funds under the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended. SECTION 2. The City Council of the City of Denton, Texas, authorizes the Community Development Administrator to handle all fiscal and administrative matters related to the application, the Action Plan and the certifications. SECTION 3. The City Secretary is hereby authorized to furnish copies of this resolution to all interested parties. s:Aour doe nnc.ts\,csotutmnsV09A2009 action plan resolution.doc SECTION 4 This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2 -day of 2009 M RR 6135 AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY% APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ~ d7 RESOLUTION sAour documents\resol uti ons\09\den ton 2010 census resolution.doc RESOLUTION NO. W2,904 - ` A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AFFIRMING PARTNERSHIP SUPPORT OF THE 2010 CENSUS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the U. S. Census Bureau is required by the Constitution of the United States of America to conduct a decennial census in the year-2010, and this count will determine the number of Texas representatives to the United States House of Representatives, redistricting of state legislatures, county and city councils, and voting districts; and WHEREAS, an accurate census determines the annual allocation and distribution of over $300 billion of federal and state funding to communities that include education, healthcare, employment, housing, transportation, and additional vitally important local and national decisions; and WHEREAS, the 2010 Census survey is brief, important, and is completely confidential; requiring all Census Bureau workers to take a lifetime oath that ensures data identifying respondents and their households is not released or shared to anyone, including all other U.S. agencies for a period of 72 years; and WHEREAS, the City of Denton, Texas recognizes the importance of each and every resident in the 2010 Census count and has agreed to be one of the 39,000 government entities in partnership with the United States Census Bureau supporting a complete and accurate count; and WHEREAS, the City of Denton, Texas 2010 Census partnership role is to formulate a Complete Count Committee that incorporates all segments of the community; education, community-based organizations, religious institutions, workforce development, business, government and media to ensure the important and positive 2010 Census message reaches and encourages all Denton residents to "Stand Up And Be Counted"; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas supports the goals and ideals for the 2010 Census. SECTION 2. The City Council asks its affiliates to partner together to raise overall awareness of the 2010 Census and increase participation among all populations. SECTION 3. The City Council encourages all individuals residing in the City of Denton to "Stand Up And Be Counted" by completing the 2010 Census survey. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. sAour documents\resolutions\Mdenton 2010 census resolution.doc PASSED AND APPROVED this the day of , 2009. ~C MAKK A. AU HS;/-MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 RESOLUTION %(+$1$%$1$-"$%.1, R2009015 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords Act Other %(+$Ș2ș#§º«(´¯º¯§²¹ AmendedbyResolutionNo.R201100904/05/11JR AmendedbyResolutionNo.R201202609/11/12JR AmendedbyResolutionNo.18171010/23/18JR Odocuments and settings\jerichar\desktoplcommittees reso 3 compare.doc RESOLUTION NO. R2009- A RESOLUTION RE-ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO BE KNOWN AS THE AUDIT/FINANCE COMMITTEE AND ASSIGNING IT ADDITIONAL DUTIES; DISSOLVING THE INVESTMENT COMMITTEE; RESCINDING RESOLUTION NO. R2006-013, R2006-026, AND SECTION V. OF THE ATTACHMENT TO RESOLUTION NO. R2008-009: FURTHER, RE-ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL TO BE KNOWN AS THE APPOINTEE PERFORMANCE REVIEW COMMITTEE: RESCINDING RESOLUTION NO. R2007-043; FURTHER RE-ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL TO BE KNOWN AS THE CITY COUNCIL COMMITTEE ON THE ENVIRONMENT; RESCINDING RESOLUTION NO. R2005-040; FURTHER, RE- ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL ETHICS COMMITTEE; FURTHER, ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL HOTEL OCCUPANCY TAX (HOT) COMMITTEE; FURTHER, RE-ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL MOBILITY COMMITTEE; RESCINDING RESOLUTION NO. R2005-041; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton deems it to be in the best interest of the City and beneficial to enhanced efficiency of governmental operations to consolidate the resolutions and ordinances creating the City Council oversight committees; and WHEREAS, the City Council opines that appointments to Council committees will be made in a more timely fashion upon the consolidation of the resolutions and ordinances creating these City Council committees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: TITLE 1. RELATING TO THE AUDIT/FINANCE COMMITTEE SECTION 1. History of the Audit/Finance Committee and findings. A. On April 18, 2006, the Denton City Council established an Audit/Finance Committee by Resolution No. R2006-013 (as amended by Resolution No. R2006-026) to act as an advisory body to the Denton City Council to provide governance and oversight of the organization's audit activities, internal controls, and financial and operational reporting. B. On February 17, 1987, the Denton City Council approved a resolution creating an Investment Policy and establishing an Investment Committee by Resolution No. R87-019. Odocuments and settings\jerichar\desktop\committees reso 3 compare.doc C. The City Council is of the opinion and hereby finds, that it is in the public interest that an Audit/Finance Committee be re-established and that such Committee should meet regularly to determine general investment strategies and to monitor such results. SECTION 2. Re-establishment of the Audit/Finance Committee and statement of duties and purpose of the Committee. A. The City Council hereby re-establishes a standing Audit/Finance Committee to be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council.. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to assist the City Council in fulfilling its organizational oversight responsibilities relating to the audit function, the investment function, and any other financial related activities as delegated by the City Council. Further, the Committee shall assist Council in its oversight duties related to the City's internal audit function as needed or as directed by Council. SECTION 3. The Investment Committee shall be dissolved and its duties and responsibilities are included in the duties of the Audit/Finance Committee as outlined in Section 2.C. SECTION 4. Resolutions No. R2006-13, 82006-026 and Section V. of the attachment to Resolution No. R2009-006 are hereby rescinded. TITLE II. RELATING TO THE CITY COUNCIL APPOINTEE PERFORMANCE REVIEW COMMITTEE SECTION 1. History of the City Council Appointee Performance Review Committee and findings. A. On December 11, 2007, the Denton City Council re-established the City Council Appointee Performance Review Committee by Resolution No. R2007-043 to act as an advisory body to the Denton City Council to recommend performance review standards to the City Council for City Page 2 of 8 Odocuments and settines\jerichar\desktop\committees reso 3 compare.doc Council appointees, to include the City Manager, City Attorney, Municipal Court Judge and City Auditor. B. The Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. SECTION 2. Re-establishment of the City Council Appointee Performance Review Committee and statement of duties and purpose of the Committee. A. The City Council hereby re-establishes the City Council Appointee Performance Review Committee as a standing committee of the City Council. The Committee shall consist of three (3) City Council members to be appointed by the Mayor of the City of Denton, and approved by the Denton City Council. The City Manager will be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to assist the City Council in performance review of the City Council appointees and to insure that the appointees' job descriptions are accurate and properly reflect current job duties in order to make recommendations to the City Council to assist the Council in evaluating the job performance of the Council Appointees. Additionally, the Committee will make recommendations regarding employment agreements, including renewals, of council appointee positions and any other duties as assigned by the City Council. SECTION 3. Resolution No. R2007-043 is hereby rescinded. TITLE III. RELATING TO THE COMMITTEE ON THE ENVIRONMENT SECTION 1. History of the Committee on the Environment and findings. A. On October 18, 2005, the Denton City Council established the City Council Committee on the Environment by Resolution No. R2005-040 to act as an advisory body to the Denton City Council to address issues facing the Council that deal with Denton's stewardship, management, and conservation of environmental issues, environmental resources and related matters. Page 3 of 8 cAdocuments and settings\jerichar\desktop\committees reso 3 compare.doc B. The City Council is of the opinion and hereby finds, that it is in the public interest that the City Council Committee on the Environment be re- established as a standing committee and that such Committee should meet regularly to consider environmental matters impacting the City of Denton and to recommend appropriate action to the City Council, as necessary. SECTION 2. Re-establishment of the City Council Committee on the Environment and statement of duties and purpose of the Committee. A. The Denton City Council hereby re-establishes a standing committee to be called the City Council Committee on the Environment. The Committee shall consist of three (3) City Council members who will be appointed by the Mayor of the City of Denton and approved by the Denton City Council. The City Manager will be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties of the Committee shall be to review, discuss, deliberate and consider environmental issues and resources and make recommendations to the Denton City Council. The Committee will also deliberate and make recommendations regarding any other matter delegated to the Committee by the City Council. SECTION I Resolution No. R2005-040 is hereby rescinded. TITLE IV. RELATING TO THE CITY COUNCIL ETHICS COMMITTEE SECTION 1. History of the City Council Ethics Committee and findings. A. On September 7, 2004, the Denton City Council established the City Council Ethics Committee by Ordinance No. 2004-255, which is being rescinded by Ordinance No. 2009-137 adopted on this date, to act as an advisory body to the Denton City Council on issues that may arise under the Ethics Policy for the City of Denton. B. The Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. Page 4 of 8 cAdocuments and settings\jerichar\desktop\committees reso 3 compare.doc SECTION 2. Re-establishment of the City Council Ethics Committee and statement of duties and purpose of the Committee. A. The City Council hereby re-establishes the City Council Ethics Committee as a standing committee of the City Council. The Committee shall consist of three (3) City Council members to be appointed by the Mayor of the City of Denton, and approved by the Denton City Council. The City Manager, or his or her designee, shall serve as the recording secretary to the Committee and shall provide such administrative services as necessary. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to advise the Denton City Council on the Ethics Policy and to gather information from the Citizens of Denton regarding the Ethics Policy, conduct hearings and inquiries as herein set forth and consider other matters as delegated by the City Council. SECTION 3. Any person, including, any Elected or Appointed Official of the City of Denton, or any person acting on behalf of a public or private entity may request the Committee to consider an issue arising under the Ethics Policy by filing a written Notice of Potential Violation, ("Notice"), of the Ethics Policy with the City Secretary. The City Secretary shall make a copy of the Notice and provide a copy of the Notice to the Elected or Appointed Official who is named in the Notice, and to the Chair of the Committee. Within thirty days, the Chair shall place the notice on the Agenda of the Committee and the Committee shall provide notice of the meeting to the Elected or Appointed Official, and meet and conduct hearings, as necessary. The Committee may, in its discretion, determine to advise the City Council on the Notice. The Committee may extend this time period if the Committee needs additional information in order to properly advise the City Council regarding any issues raised in the Notice. VI. RELATING TO THE CITY COUNCIL HOTEL OCCUPANCY TAX (HOT) COMMITTEE SECTION 1. History of the City Council Hotel Occupancy Tax Committee and findings. A. The Denton City Council adopted Ordinance No. 75-53 on December 16, 1975, amending Chapter 23 of the Code of Ordinances by adding Article I entitled "Hotel Occupancy Tax" which provides for the collection of a hotel occupancy tax. Page 5 of 8 Odocuments and settings\jerichar\desktop\committees reso 3 compare.doc B. On January 6, 1976, the Denton City Council entered into a contractual agreement with the Denton Chamber of Commerce to promote tourism and advertise the City of Denton as a potential site for public meetings and conventions. C. By consensus of the Denton City Council at their work session of September 20, 1994, three representatives of the Denton City Council have served annually on a Hotel Occupancy Tax Fund Committee to monitor allocation and use of hotel occupancy funds. D. The Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. SECTION 2. Re-establishment of the City Council Hotel Occupancy Tax (HOT) Fund Committee and statement of duties and purpose of the Committee. A. The City Council hereby re-establishes a standing committee to be called the HOT Committee. The Committee shall be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to monitor allocation and use of hotel occupancy tax funds, ensuring funds are being used to directly enhance and promote tourism and the hotel/convention industry, recommend organizations to receive funding to the City Council, and other duties as delegated by the City Council. SECTION 3. Members of the Committee shall also serve as members of the Denton Live Advisory Board. VII. RELATING TO THE CITY COUNCIL MOBILITY COMMITTEE SECTION 1. History of the City Council Mobility Committee and findings. A. The Denton City Council, on October 18, 2005, heretofore established the City Council Mobility Committee by Resolution No. R2005-041 to act as Page 6 of 8 Odocuments and settings\jerichar\desktop\committees reso 3 compare.doc an advisory body to the Denton City Council regarding local and regional transportation issues. B. The Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. SECTION 2. Re-establishment of the City Council Mobility Committee and statement of duties and purpose of the Committee. A. The City Council hereby re-establishes a standing committee to be called the City Council Mobility Committee. The Committee shall be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to review; consider and make recommendations to the City Council regarding any changes to the Mobility Plan; local transportation policy, any items concerning regional transportation policies and activities and other duties as delegated to the Committee by the City Council. SECTION 3. " Resolution No. R2005-041 is hereby rescinded. VIII. RELATING TO ALL CITY OF DENTON CITY COUNCIL COMMITTEES A. ALL COMMITTEES are subject to the provisions of Texas Government Code §§551 and 552, as amended, and its meetings shall be posted in compliance with the Texas Open Meetings Act. Minutes and records will be maintained in accordance with requirements of the city secretary's office. B. This Resolution shall become effective immediately upon its passage and approval. Page 7 of 8 PASSED AND APPROVED this the day of QAIQ-,, )2009. QMARK OR AT TEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Lz r Page 8 of 8 RESOLUTION sAour documents\resolutions\09\91 1 nominate member.doc RESOLUTION NO.DD`~ A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office of Mayor Olive Stephens, Town of Shady Shores, a member of the Board of Managers of the Denco 9-1-1 District, will expire on September 30, 2009; and WHEREAS, Section 772.306(c)(2) of the Health and Safety Code (V.A.C.S.) provides that two voting members of the Board of Managers of an Emergency Communication District shall be appointed jointly by participating municipalities located in whole or in part in the District; and WHEREAS, the City of Denton, Texas wishes to nominate a member to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton, Texas hereby nominates Mayor Olive Stephens as a member to the Board of Managers for the Denco Area 9-1-1 Emergency Communication District of Denton County for a two-year term to commence October 1, 2009. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2009. l M B HS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Nit 141 APPRO ED AS O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: RESOLUTION RESOLUTION NO. R2009--el q A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY, A JOINT POWERS AGENCY, REPRESENTING THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office of Perry McNeill as a member of the Board of Directors of the Texas Municipal Power Agency will expire on July 18, 2009; and - WHEREAS, the City Council of the City of Denton after due consideration has selected Chris Watts, Council Member of the City of Denton, for appointment for a two-year term to the Texas Municipal Power Agency Board of Directors; and WHEREAS, effective on September 30, 2009, the City Council hereby appoints Chris Watts as a member of the Texas Municipal Power Agency Board of Directors; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF- DENTON HEREBY RESOLVES: SECTION 1. Pursuant to the terms and provisions of concurrent Ordinance No. 75-22 of the City of Denton, Texas, Chris Watts is hereby appointed to a two-year term of office as a Director representing Denton on the Board of Directors of the Texas Municipal Power Agency, his term of office beginning effective on September 30, 2009 and ending on July 18, 2011. SECTION 2. This resolution shall become effective after its signature and approval. PASSED AND APPROVED this the day of 2009. 4 MARK ._.BU t GHS A OR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APP VED A O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By. RESOLUTION sAour documents\reso1utions\09Vrm 2008 resolution.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON APPROVING A CHANGE IN THE TARIFFS OF ATMOS ENERGY CORPORATION, MID-TEX DIVISION ("ATMOS") AS A RESULT OF A SETTLEMENT BETWEEN ATMOS AND THE ATMOS TEXAS MUNICIPALITIES ("ATM"); FINDING THAT THE RATES SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is a regulatory authority under the Gas Utility Regulatory Act ("GURA") and under § 103.001 of GURA has exclusive original jurisdiction over Atmos Energy Corporation - Mid-Tex Division ("Atmos") rates, operations, and services of a gas utility within the municipality; and WHEREAS, the City has participated in prior cases regarding Atmos as part of a coalition of cities known as the Atmos Texas Municipalities ("ATM"), and WHEREAS, pursuant to the Rate Review Mechanism ("RRM") for 2008 Atmos filed with the City Secretary on March 6, 2009 for an increase in rates of $24,047,441 with an offset of $9 million at the expiration of the 2007 true-up resulting in a net increase of $15,047,441; and WHEREAS, for almost four months the experts representing ATM have been analyzing data furnished by Atmos and interviewing Atmos' management; and WHEREAS on June 26, 2009, ATM and Atmos entered into a settlement agreement which provided for a net increase of $2.6 million, which will cause rates to increase by 15 cents per month for a typical residential customer; and WHEREAS, the net increase is approximately 17% of the total amount requested; and WHEREAS, slight changes were agreed to by ATM to the Gas Cost Recovery tariff and the Conservation Energy Efficiency tariff, and WHEREAS, the Steering Committee of ATM and its lawyers recommend approval of the attached tariffs, set forth as Attachment A; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The statements set out in the preamble to this Resolution are hereby in all things approved and adopted. SECTION 2. The amended tariffs in Attachment A are hereby adopted to become effective on August 1, 2009. sAour documents\reso1utions\09\n m 2008 resolution.doc SECTION 3. The meeting at which - this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 5 51. SECTION 4. This Resolution shall become effective from and after its passage. SECTION 5. A copy of this Resolution shall be sent to Atmos Mid-Tex, care of Joe T. Christian, Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75204, and to Jim Boyle, Counsel to ATM, at Herrera & Boyle, PLLC, 816 Congress Avenue, Suite 1250, Austin, TX 78701. PASSED AND APPROVED this the da of Y , 2009. MARK A. BU.RR0 GHS, YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: I QA-\ 1-0 APPT OVED ' TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 2w~ Page 2 ATTACHMENT A AMENDED TARIFFS ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RATE SCHEDULE: R - RESIDENTIAL SALES APPLICABLE TO: All Cities designated as "Group All on the Cities Served List EFFECTIVE DATE: Bills Rendered on or after 08/01/2009 PAGE: 29 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: • :...f..::,PY-..-...~~~'t;.\.'`•:..^=s• r,._.T,.Y .._tC.•:.C'.~. .'YG.~^:. 's•.:c.y' - ..:x'..~_._.: ^i•• ,v_::u~?eciz ~ a•'i.~:l`.•a'":E .5-:-...^~'._ kv::t"'_ti'G•-,n,: G:c-:~-^.~7.t'c•'.r'G+.~i `i ~:y~. ~.-^5. ;"~.--.'T v;~ .rK"" v;• .rc ...,a..P,sL'~• ~ `.a~:a}~". C...~.' v-E^•~'rS~~S.,V~S• :-i~.^-~-~...~ _ :.~1''`'s ~Y ~ Y ..-~Y~~..:::. -mss;' ti-~..•zt'-----t-c:,. _ .5:~....y . „~•...-P,'.:- -.rc.,~:. ac"s~`•.C..`,~'-~i'C•^F:._;.-.~'.2.•:+'t%-'~'.+.J;?nr.:%..-+-.~i`mi^,»~F:'.:.~~.«'.. ">aa:'.~ i~.~;"1S`i;?~,'_•:..-;$~;f~^~.a:z'~+'t;~=`r~i n 'z.~-.`.'._~ a'i n'~*iw. ~.•ST'~==^ Customer Charge per Bill $ 7.00 per month Commodity Charge - All Mcf $2.2707 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: i t ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RATE SCHEDULE: C - COMMERCIAL SALES APPLICABLE TO: All Cities designated as "Group A" on the Cities Served List EFFECTIVE DATE: Bills Rendered on or after 0810112009 PAGE: 30 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 3,000 Mcf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: .ty~~c'=..~".~=~•~"i`,=::_~v~=v.,.;,~~_.j'~; ~55'ar Ls::ir;;.c.-` ~,^.scw '::;s1::<~~-.M.=_~ ; w.. _..r•,.~.::-.a: ..d.-:w;-:cY: =•^x:_' :i= a...., tir•~.X,. a .`:co:• c:ti:.~ i<o•. ,.ate .:c.. ~►j-yam ~c3~~~~,a:Fi~ss:a:czi^a~n:<r-•--tr'-•- 1".t~ ¢-.~fi•,?~^':Fi:i-'^.~x~_: ~e: ~-s: S V1~.a~gGi~.,.~ea~v~~x'=p; c ~?;s~ss~~.r~.;:'=~ ~.-.sc:a.3i,..,~ .s.:_.cc~~:c;.~~;-~ lr, =xi::.c~~a.',~..tc ~:.'cw'-'~:, ~.~c ,^V.._.O^•. .._.'_`t t ~ T~ .t'^".4."': 'V';C"a.-:C'.-^: i.'$~'1.~~~/.~*M.`=a.'X~Y .-,.~,-_._^•:=:u:~l. ~ `^7~w.y.~ ~ .aP.c,`..i~:.yx:.r -•cr-..•^LxT_~_ -x:c~'= ._.._.ii:.;:>_`i'.'•'= w'3?,.~?~."s.-:-:c=.. Customer Charge per Bill $ 13.50 per month Commodity Charge - All Mcf $ 0.9877 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: ATMOS ENERGY CORPORATION MID TEX DIVISION REVISION NO: 0 RATE SCHEDULE: I - INDUSTRIAL SALES APPLICABLE TO: All Cities designated as "Group A" on the Cities Served List EFFECTIVE DATE: Bills Rendered on or after 08/0112009 PAGE: 31 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: u^..os.: ~;~u=`"~;fi-'C:.~;~ w •"-"y`x..J#:Ca~ i :wa:uj.. ~:zt::xv"~. .yiw rr"..~.=-:c-n u_.. - _ ,h ..:,~U-rz-"' ~K;,,r.. ~~y.~y~ x.~::.;,ri~-~: ~ ~~y-- „3,r_'~......r. -c~~".``~^'%"=*;,':-'~f~ -;t «~::xw 1_.-a~~-`,~~.-"~ ~ ~JZ"..L ~'vi~. Jv7 "'^'-^`.''a.d- ~Y.•~~.x..."'^' ~ ~~•:~C^~*',,SLi:sw'::x "..fi.:"%~:..;. 4~~:-::~:_'r.Mr+^:ti..iy_TL.-~.:c+'r•0~.: C...+'n~.^~..•-•tr. :vY' =:R- ~„r_'.-.vn.... ..~w.....-.ca::~.:y~~."^.x-Y?c^-^..;:ti::•.:-.•*_'~..i..:.~..u`:sxS wvi?':~r'; t:~~~'f`' Customer Charge per Meter $ 425.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2583 per MMBtu Next 3,500 MMBtu $ 0.1884 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0404 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Pius an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RATE SCHEDULE: I - INDUSTRIAL SALES APPLICABLE TO: All Cities designated as "Group All on the Citifies Served List EFFECTIVE DATE: Bills Rendered on or after 0810112009 PAGE: 32 Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RATE SCHEDULE: T - TRANSPORTATION APPLICABLE TO: All Cities designated as "Group All on the Cities Served List EFFECTIVE DATE: Bills Rendered on or after 08/01/2009 PAGE: 33 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: •cS= tom. .u. ,.a:x •---c: • •.r-xµr;, :.x~-•'-" `;c,; _~,'.".a.~`~w:.sm:.a::;~. s. r^;f'zc.~`='W,t~ :~..V~'ry.. h...N .?,i-..~ ^wiS-. `v~..~`..'i~ ~x~~ ~ .;.:c~• -,c.~^x~• y.?.~ ~ •a: ~•••~•r,.~~'~"~,~.;.r...c.~~.y.vcsro. y G :,wr'»'. ,.y; a^:c. :$;:s ?iAc.`..-v:.ti.' ..UZ,= ?w:, i ~`'•?-t Vic;-.....;.::sA+:tr`•i•x ...•^^--•.':.'.sris.._.. . . ~•cr.:-a. •':_r :33s::..- Fa-:.~=s.~r=4Y"x:r[r-'t:rrin= :cr_i''fi-''R~nr•.:-_..o'_:',ta.i•:?:rr7.•.~..:5.•-..,tM. Customer Charge per Meter $ 425.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2583 per MMBtu Next 3,500 MMBtu $ 0.1884 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0404 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RATE SCHEDULE: T - TRANSPORTATION APPLICABLE TO: All Cities designated as "Group A" on the Cities Served List EFFECTIVE DATE: Bills Rendered on or after 08/01/2009 PAGE: 34 Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Plaits Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Curtailment Overpull Fee Upon. notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Plaits Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Plaits Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER: WNA - WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: All Cities designated as "Group A" on the Cities Served List EFFECTIVE DATE: Bills Rendered on or after 08/0112009 PAGE: 45 Provisions for Adjustment The base rate per Mcf (1,000,000 Btu) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential, and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Mcf by the following formula: WNAFi = R (HSFi x (NDD-ADD) ) i (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Mcf Ri = base rate of temperature sensitive sales for the ith schedule or classification approved by the entity exercising original jurisdiction. HSFi = heat sensitive factor for the ith schedule or classification calculated as the slope of the linear regression of average sales per bill (Mcf) and actual heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD - billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification calculated as the y- intercept of the linear regression of average sales per bill (Mcf) and actual heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER: WNA -WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: All Cities designated as "Group A" on the Cities Served List EFFECTIVE DATE: Bills Rendered on or after 08101/2009 PAGE: 46 WNA, = WNAF, x qq Where q;j is the relevant sales quantity for the jth customer in ith rate schedule. Filings with Entities Exercising Original Jurisdiction As part of its annual RRM filing the Company will file (a) a copy of each computation of the Weather Normalization Adjustment Factor, (b) a schedule showing the effective date of each such Weather Normalization Adjustment, (c) a schedule showing the factors of values used in calculating such Weather Normalization Adjustment and (d) a random sample and audit of thirty (30) actual customer bills, with customer information deleted, for each rate schedule or classification to which the WNA was applied in the preceding 12 month period. To the extent that source data is needed to audit the WNA application, such data will be provided by the Company as part of the annual RRM filing. If the RRM is discontinued, as provided in the Rider RRM tariff, the information required herein to be filed with the entities exercising original jurisdiction shall be filed on March 1 of each year. Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Mcf Mcf/HDD Mcf Mcf/HDD Abilene 0.98 .0140 9.64 .0629 Austin 1.30 .0161 20.00 .0815 Dallas 1.60 .0212 20.12 .1018 Waco 1.12 .0139 11.69 .0608 Wichita 1.12 .0159 11.67 .0649 Falls Sample WNAF1 Calculation: (.0140 x (30-17) ) .3393 per Mcf = 2.2707 x Where (0.98 + (.0140 x 17) ) i = Residential Single Block Rate Schedule Ri - 2.2707 per MCF HSFi = .0140 (Residential - Abilene Area) Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER: WNA - WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: All Cities designated as "Group A" on the Cities Served List EFFECTIVE DATE: Bills Rendered on or after 08/01/2009 PAGE: 47 NDD = 30 HDD (Simple ten-year average of Actual HDD for Abilene Area - 9/15/06 -10/14/06) ADD. = 17 HDD (Actual HDD for Abilene Area - 9/15106 -10/14/06) Bli = 0.98 Mcf (Residential - Abilene Area) Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER: GCR - GAS COST RECOVERY APPLICABLE TO: All Cities Except Dallas EFFECTIVE DATE: Bills Rendered on or after 811/2009 PAGE: 68 Applicable to Rate R, Rate C, and Rate I for all gas sales made by Company, and applicable to Rate R, Rate C, Rate I, and Rate T for recovery of Pipeline System costs. The total gas cost recovery amount due is determined by adding the gas cost calculated in Section (a) below and the pipeline cost calculated in Section (b) below. The amount due for gas cost (Section (a)) is determined by multiplying the Gas Cost Recovery Factor (GCRF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on a Mcf basis. For Customers receiving service under Rate I, monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to recover actual gas costs. The amount due for pipeline cost (Section (b)) is determined by multiplying the Pipeline Cost Factor (PCF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on an Mcf basis. For Customers receiving service under Rate I and Rate T, monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to recover actual gas costs. (a) Gas Cost Method of Calculation The monthly gas cost adjustment is calculated by the application of a Gas Cost Recovery Factor (GCRF), as determined with the following formula: GCRF = Estimated Gas Cost Factor (EGCF) + Reconciliation Factor (RF) + Taxes (TXS) EGCF = Estimated cost of gas, including lost and unaccounted for gas attributed to residential, commercial, and industrial sales, and any reconciliation balance of unrecovered gas costs, divided by the estimated total residential, commercial, and industrial sales. Lost and unaccounted for gas is limited to 5%. RF = Calculated by dividing the difference between the Actual Gas Cost Incurred, inclusive of interest over the preceding twelve-month period ended June 30 and the Actual Gas Cost Billed over that same twelve-month period by the estimated total residential, commercial, and industrial sales for the succeeding October through June billing months. The interest rate to be used is the annual interest rate on overcharges and under charges by a utility as published by the Public Utility Commission each December. The interest rate for calendar year 2009 is 2.09%. Actual Gas Cost Incurred = The sum of the costs booked in Atmos Energy Corp., Mid-Tex Division account numbers 800 through 813 and 858 of the FERC Uniform System of Accounts, including the net impact of injecting and withdrawing gas from storage. Also includes a credit or debit for any out-of-period adjustments or unusual or nonrecurring costs typically considered gas costs and a credit for amounts received as Imbalance Fees or Curtailment Overpull Fees. Also includes any prudently incurred transaction-related fees, gains or losses and other transaction costs associated Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER: GCR - GAS COST RECOVERY APPLICABLE TO: All Cities Except Dallas EFFECTIVE DATE: Bills Rendered on or after 81112009 PAGE: 69 with the use of various financial instruments that are executed by the Company for the purpose of price volatility mitigation. Actual Gas Cost Billed = EGCF multiplied by the monthly volumes billed to Residential, Commercial and Industrial Sales customers, less the total amount of gas cost determined to have been uncollecUble and written off which remain unpaid for each month of the reconciliation period. Any amount remaining in the reconciliation balance after the conclusion of the period of amortization will be maintained in the reconciliation balance and included in the collection of the next RF. Atmos Energy shall file annual reports with the Commission, providing by month the following amounts: Gas Cost Written Off. Margin Written Off, Tax and Other Written Off, Total Written Off, Gas Cost Collected and Margin Collected. TXS = Any statutorily imposed assessments or taxes applicable to the purchase of gas divided by the estimated total residential, commercial, and industrial sales. ADJ = Any surcharge or refund ordered by a regulatory authority, inclusive of interest, divided by the estimated total residential, commercial, and industrial sales is to be included as a separate line item surcharge. (b) Pipeline Cost Method of Calculation Each month, a Pipeline Cost Factor (PCF) is calculated separately for each Pipeline Cost Rate Class listed below. The formula for the PCF Is: PCF = PP / S, where: PP = (P - A) x D, where: P = Estimated monthly cost of pipeline service calculated pursuant to Rate CGS D = Pipeline service allocation factor for the rate class as approved in the Company's most recent rate case, as follows: Pipeline Cost Rate Class Allocation Factor D Rate R - Residential Service .634698 Rate C - Commercial Service .302824 Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER: GCR - GAS COST RECOVERY APPLICABLE TO: All Cities Except Dallas EFFECTIVE DATE: Bills Rendered on or after 811!2009 PAGE: 70 Rate l - Industrial Service and Rate T - Transportation Service 062478 A = Adjustment applied in the current month to correct for the difference between the actual and estimated pipeline cost revenue of the second preceding month, calculated by the formula: A = R - (C - A2), where: R = Actual revenue received from the application of the PP component in the second preceding month. C = Actual pipeline costs for the second preceding month. A2 = The adjustment (A) applied to the PP component in the second preceding month. S = Estimated Mcf or MMBtu for the rate class for the current billing month. The PCF is calculated to the nearest 0.0001 cent. The Pipeline Cost to be billed is determined by multiplying the Mcf or MMBtu used by the appropriate PCF. The Pipeline Cost is determined to the nearest whole cent. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER: CEE - CONSERVATION & ENERGY EFFICIENCY APPLICABLE TO: All Cities except Dallas EFFECTIVE DATE: Bills Rendered on or after 8!1/2009 PAGE: 84 Purpose Atmos Energy Mid-Tex is proposing to institute a complete Conservation & Energy Efficiency program which will offer assistance to qualified customer segments in reducing energy consumption and lowering energy utility bills. The proposal is one where Atmos Energy shareholders will fund a percentage of the allowable expenses incurred annually, with a customer rate component providing the remainder of the funding. Following is a high-level, concept summary of the proposal. Atmos Energy Mid-Tex Division proposes to work with the communities it serves to develop the details of a new tariff and programs addressing conservation and energy efficiency. Synopsis: Voucher system to provide free energy savings materials and supplies to qualifying customers of Atmos Mid-Tex. Qualified Customers will receive up to one thousand five hundred dollars ($1,500.00) worth of caulking, weather-stripping, sheathing, sealing, water heater blankets, related gas plumbing, and like materials, other energy saving devices such as clock-thermostats, set-back devices ("covered items") from approved suppliers / retailers including necessary labor. Company will undertake efforts to enlist support from community groups, including its own Employee Action Program, to assist customers with installation. If it is determined that professional installation capabilities are necessary, the parties will agree on labor assistance amounts. Eli ibilit Low Income - Low-income rate-payers that qualify for heating bill assistance through LIHEAP and other government energy efficiency program agencies and all agencies that distribute Atmos "Share the Warmth" funds. Agencies that allocate assistance funds denote customer as Low Income, a status that lasts for one year. Senior Citizen - Primary account holder can request eligibility through Atmos call center or web-site. Customer provides primary SSN which is verified through Social Security Administration. An account holder that is or turns 65 years old in that year becomes eligible. Funding Initial annual program funding will be at two million dollars ($2,000,000). Atmos Energy shareholders will contribute one million dollars ($1,000,000.00) to this initiative annually with ratepayers providing one million dollars ($1,000,000.00) per year. It is proposed that the program operate on an October 1 through September 30 year, with regulatory assettliability accounting employed by Atmos to track the difference between program funding and qualifying program expenditures. No Atmos employee labor will be charged as a program expenditure. Administration: A third-party administrator will coordinate qualification of customers, voucher distribution, subsequent verification and reimbursement of eligible expenditures and general program administration. Program administration expenses will be funded from the annual approved budget. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER: CEE - CONSERVATION & ENERGY EFFICIENCY APPLICABLE TO: All Cities except Dallas EFFECTIVE DATE: Bills Rendered on or after 8/112009 PAGE: 85 Audits will be provided all interested parties within 120 days of the end of each program year to determine effectiveness. Resort Atmos shall file an annual report detailing cost to administer the program including the amounts paid out of the program for energy conversation assistance. The report shall also detail the number of applicants and expenditures by geographic location, including the numbers of applications rejected and accepted and reason if rejected. The report shall be filed with the Director of the Gas Services Division of the Railroad Commission within 120 days of the end of each program year and with counsel of record for municipalities served by the Mid-Tex Division. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: RESOLUTION RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A REVISED CITY POLICY REGULATING EQUAL EMPLOYMENT OPPORTUNITIES FOR THE CITY OF DENTON EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has adopted a policy relating to equal employment opportunities for its employees; and WHEREAS, the Director of Human Resources has presented a revised policy regarding equal employment opportunities for City of Denton employees; and WHEREAS, the City Council, desires to adopt such policy as an official policy regarding employment with the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Policy number 100.01 "Equal Employment Opportunity of the Personnel Policies and Procedure Manual of the City of Denton, a copy of which is attached hereto and incorporated by reference herein, is hereby approved as official policy of the City of Denton, Texas, and replaces former policy number 100.01 within the Policies and Procedure Manual. SECTION 2. The foregoing policy attached hereto and made a part hereof shall be filed in the official records with the City Secretary. SECTION 3. This resolution shall become effective immediately upon its passage and approval. .mac PASSED AND APPROVED this the day of , 2009. MARKA. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B 0 Q APP OVED TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ze: S:\Our Documrnts\Resolutions\09\ccoc policy.doc r 10 CITY OF DENTON PAGE 1 OF -1 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 100.01 SUBJECT: EQUAL EMPLOYMENT OPPORTUNITY INITIAL EFFECTIVE DATE: 07-04-92 TITLE: EQUAL EMPLOYMENT OPPORTUNITY LAST REVISION DATE: 10-01-2009 POLICY STATEMENT: It is the policy of the City of Denton to afford equal opportunity in employment to all individuals regardless of race, color, religion, gender, sexual orientation, gender identity, age, disability status, national origin, or any protected classification under Federal or state law. Therefore, the City is committed to the following principles of Equal Employment Opportunity law which are designed to achieve a diversified work force: 1. To recruit, hire and promote all job classifications without regard to race, color, religion, gender, sexual orientation, gender identity, age, disability status, national origin, or any protected classification under Federal or state law. 2. To base decisions of employment so as to further the principles of equal employment opportunity and work force diversity. 3. To ensure that in-house advancement decisions are made in accordance with the principles of equal employment opportunity by imposing only valid requirements for in-house advancement opportunities. 4. To ensure that all personnel actions, including but not limited to compensation, benefits, transfers, layoffs, return from layoff, training, education through tuition reimbursement, will be administered without regard to race, color, religion, gender, sexual orientation, gender identity, age, disability status, national origin, or any protected classification under Federal or state law. 5. To ensure that all facilities of the City of Denton are available to employees on a non-discriminatory basis; and that all social and recreation programs sponsored for employees be open to participation without regard race, color, religion, gender, sexual orientation, gender identity, age, disability status, national origin, or any protected classification under Federal or state law. HR/POLICY/100.01 RESOLUTION r RESOLUTION NO. 4V0 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A REVISED CITY POLICY REGULATING DISCIPLINARY ACTIONS FOR THE CITY OF DENTON EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has adopted a policy relating to disciplinary actions for its employees; and WHEREAS, the Director of Human Resources has presented a revised policy regarding disciplinary actions for City of Denton employees; and WHEREAS, the City Council, desires to adopt such policy as an official policy regarding employment with the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Policy number 109.01 "Disciplinary Actions" of the Personnel Policies and Procedure Manual of the City of Denton, a copy of which is attached hereto and incorporated by reference herein, is hereby approved as official policy of the City of Denton, Texas, and replaces former policy number 109.01 within the Policies and Procedure Manual. SECTION 2. The foregoing policy attached hereto and made a part hereof shall be filed in the official records with the City Secretary. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. M AA.!3U-kR0-UiGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP VED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY l BY: SA0ur Documcnts\Rcsolutions\09tdisciplittary action policy.doc r CITY OF DENTON PAGE 1 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 109.01 SUBJECT: DISCIPLINE AND SEPARATION INITIAL EFFECTIVE DATE: 04/19/88 TITLE: DISCIPLINARY ACTION LAST REVISION DATE: 10/01/2009 J POLICY STATEMENT: It is the policy of the City of Denton to maintain an effective, productive, and disciplined work force in order to deliver outstanding quality services to the citizens of Denton. Employees are responsible for performing their jobs in a safe, productive and effective manner and within the instructions and standards established by the employees' supervisors. In addition, employees are expected to maintain acceptable standards of conduct in their employment. Supervisors are responsible for communicating job duties, responsibilities and performance standards and expectations. Supervisors accomplish this through job orientation, job instruction, coaching and informal discussions with the employee. Temporary employees, seasonal employees, contract employees, city council appointees, Assistant Judges and those employees governed by the provisions of Chapter 143 of the Texas Local Government Code are exempt from this policy, unless specifically stated otherwise herein. The purpose of this policy is to provide direction to supervisors. It does not provide contractual or property rights to any employee. All employees are employed strictly on an at-will basis. ADMINISTRATIVE PROCEDURES: I. INTRODUCTION The City of Denton is an "at-will" employer and may terminate employees at any time and for any reason, with or without cause, unless expressly prohibited by law. These administrative procedures are established to provide appropriate guidelines in carrying out the policies of the City of Denton regarding the progressive disciplinary program. They are intended to address general application of the principles of disciplinary actions in typical situations. Disciplinary actions should include the importance of the City's responsibility to provide outstanding quality services to the citizens. These procedures address a broad range of performance deficits and conduct concerns. They are not intended to address every problem or situation that may arise. It is the responsibility of the supervisor to determine the nature, extent, facts and circumstances in each disciplinary action and to use judgment in the application of these policies and procedures. Disciplinary actions are designed to help the employee correct the problem and build a renewed commitment to the City and job in an equitable and consistent manner. HR/POLICY/109.01 PAGE 2 OF 14 POLICY/ADNUNISTRATIVE PROCEDURE/ADNUNISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY ACTION REFERENCE NUMBER: 109.01 A. Progressive Discipline Model: Not withstanding the fact that the City of Denton is an "at-will" employer, the City of Denton uses a progressive disciplinary process to address employee performance deficiencies. The City of Denton's progressive disciplinary model, consisting of a system of increasingly significant measures, is utilized to provide feedback to employees so that the employees can correct conduct or performance problems. The City of Denton recognizes four levels of disciplinary intercessions: Level I: Warning Level II: Managed Action Plan (MAP), or Reprimand Level III: Decision Making Leave, Suspension, or Demotion Level IV : Dismissal The City of Denton's use and publication of the progressive discipline model does not preclude the supervisor from taking appropriately severe disciplinary action when the severity of the violation(s) warrants such action. B. Definitions: "Director of Human Resources or designee" or "authorized representative of the Department of Human Resources" means the Director of Human Resources, the person designated to act in the Director's absence or a representative of the Human Resources Department. "Performance Correction Notice" is the official form that a supervisor uses to document disciplinary actions. "Supervisor" means the person who is responsible for hiring the employee, administering performance evaluations and implementing disciplinary actions. "Supervisor's Manager" means the person to whom the employee's supervisor reports. II. GENERAL CRITERIA TO BE CONSIDERED IN DISCIPLINARY ACTIONS The following disciplinary measures may be taken, depending upon the particular circumstances surrounding the employee's conduct. The supervisor may consider the following criteria when determining which disciplinary action to take: MUPOLICY/109.01 PAGE 3 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY ACTION REFERENCE NUMBER: 109.01 1. Severity and type of offense(s); 2. Impact of the offense(s) on other employees, the City and/or citizens; 3. Employee's length of service and work record; 4. Period of time since discussion with the employee about a similar problem or recent disciplinary action for the same or similar problem; 5. Employee's prior performance appraisals, if any; and/or, 6. Past disciplinary actions taken by the City for the same or similar problem. If a supervisor determines that the nature, severity and impact of the employee's action(s) require a disciplinary action classified as Level III or Level IV, the supervisor should thoroughly investigate the situation, discuss it with the next level supervisor and a representative of Human Resources, and obtain approval from the supervisor's director and the Director of Human Resources prior to taking any action. Based upon the facts of the situation, Human Resources will provide guidance to the supervisor relating to the suggested course of disciplinary action. III. RESPONSIBILITY AND AUTHORITY FOR ADMINISTERING DISCIPLINARY ACTIONS Supervisors are responsible for enforcing all City policies and procedures, accomplishing the goals and objectives of a division or department and maintaining work performance, attendance and conduct standards among their employees. They are vested with the authority to take appropriate disciplinary action under the directions and guidelines set forth in these procedures. Prior to any disciplinary action being administered, the supervisor shall conduct a thorough examination of the situation before deciding to take any disciplinary action. _The Director of Human resources or designee will review all proposed involuntary demotions, suspensions, decision making leaves, and dismissals prior to any formal action being taken by the supervisor or division. All disciplinary actions shall be properly documented on a Performance Correction Notice to substantiate the action being taken. Both the employee and the supervisor shall sign the Performance Correction Notice. The employee should understand that the employee's signature indicates receipt of the document only, not necessarily agreement with its contents. If the employee refuses to sign, the supervisor should have a witness (who must be of a supervisory level or a member of Human Resources and may not be a work peer of the employee) sign that HR/POLICY/ 109.01 PAGE 4 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY ACTION REFERENCE NUMBER: 109.01 the Performance Correction Notice was read to the employee, the employee was given an opportunity to ask questions about the disciplinary meeting and that the original of the document was given to the employee. A copy of the Performance Correction Notice shall be forwarded to Human Resources to be placed in the employee's personnel file and a copy should be kept by the supervisor. If a serious problem arises that endangers the safety, health or life of the employee, another employee or citizen or, if in the judgment of the supervisor, the employee problem is unmanageable, a supervisor has authority to proceed immediately to place the employee on administrative leave with pay or without pay. The supervisor shall immediately notify the department director and the Director of Human Resources or designee. This will allow time to investigate, determine appropriate action and discuss alternate actions prior to formal action being taken. If an employee is placed on administrative leave without pay and it is later determined that the employee is not subject to suspension, demotion, or dismissal, the employee will receive back pay for the period of time that the employee was on unpaid administrative leave. If it is determined that the employee is subject to a suspension, the time spent on administrative leave without pay may be counted against the suspension period that the employee receives as discipline for misconduct. IV. DISCIPLINARY PROCESS The following disciplinary process may be applied to an employee whose performance of duties or personal conduct is unsatisfactory. The policy of progressive discipline shall in no way prevent the supervisor from taking appropriate disciplinary action when the severity of the violation(s) warrants such action. The supervisor should use the performance documentation provided by Human Resources and identified below to document each disciplinary action taken. The original Performance Correction Notice should be signed by the employee as an acknowledgement of receipt of the Performance Correction Notice. The original Performance Correction Notice should be placed in the employee's personnel file in Human Resources and a copy should always be provided to the employee and another kept by the supervisor. The following process is intended to be descriptive and serve only as a guide to the types of disciplinary responses that may be appropriate. This listing is not intended to be exhaustive or exclusive: A. Warning. 1. A Warning is a Level I form of discipline and is generally the first form of written discipline, depending upon the severity and nature of the misconduct, an employee may receive when the employee is not meeting the supervisor's performance expectations. A Warning is most appropriate when an employee has received prior verbal and, in some cases, written coaching from the supervisor with respect to specific performance BR/POLICY/109.01 PAGE 5 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY ACTION REFERENCE NUMBER: 109.01 deficiencies and the employee's performance has not changed to conform to the supervisor's expectations. 2. The supervisor shall discuss the situation with the employee in private and make every effort to discover the reason(s) for the employee's performance and advise the employee of the necessary changes in behavior or performance to correct the problem. B. Managed Action Plan (MAP): 1. A Managed Action Plan (MAP) is a Level H form of discipline and is used as an intensive disciplinary coaching tool when an employee has either exhibited repeated performance deficiencies and has not responded to appropriate coaching and/or when the employee has received a prior Warning(s). 2. When the performance of an employee falls below the acceptable level, supervisors should point out deficiencies to the employee at the time they are observed. An employee who continues to perform below the acceptable level may be placed on a formal program designed to improve performance. The supervisor should communicate this to the employee orally and by presenting him/her with a Performance Correction Notice, including the following information: a. The specific deficiencies observed in the employee's performance of duties; b. The actions necessary to bring about improvement; c. The period of time in which improvement must occur; d. The specific dates and times during the MAP on which the supervisor shall meet with the employee to discuss progress or lack of progress in improving performance; and, e. Any further action that will result if the employee fails to show satisfactory improvement. 3. During the period of time for the MAP, the supervisor shall meet periodically with the employee to discuss the employee's progress or lack of progress in addressing the performance and/or conduct issues identified in the MAP. The supervisor shall document what was discussed in the progress meetings with the employee and both supervisor and employee shall sign the documentation. 4. If an employee fails to demonstrate the necessary improvement as required during or upon completion of the MAP, the supervisor, upon discussion and review with Human Resources, may place the employee on a decision making leave, demote the employee, or dismiss the employee. HR/POLICY/109.01 PAGE 6 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY ACTION REFERENCE NUMBER: 109.01 5. If an employee demonstrates sufficient improvement as required in the MAP, the supervisor will discuss the improvements with the employee and monitor the employee's continuing performance. Once an employee has satisfactorily completed a MAP, the immediate supervisor shall give the employee a document from the Performance Correction Notice stating that the employee has completed the MAP and reminding the employee that any future violations of the performance and/or conduct addressed in the MAP could jeopardize the employee's continued employment with the City of Denton. 6. Nothing shall preclude a supervisor from proposing other disciplinary action when an employee commits an additional act of misconduct while the employee is completing a MAP. C. Reprimand: 1. A Reprimand is a Level II form of disciplinary action. Any supervisor in the employee's chain of command may issue a subordinate employee a Reprimand. In the event that the Reprimand is issued by someone other than the employee's direct supervisor, a report of such action shall be made to the direct supervisor. The Reprimand maybe issued -when the employee has demonstrated an inability to perform required job duties; has excessive absences that constitute an abuse of the attendance policy; or has minor personal conduct problems. 2. An employee who demonstrates significant inability to perform required duties or a serious personal conduct problem may be issued a Reprimand without having first been issued Warning or having discussed the problem with the supervisor. D. Decision-Makin Leave: 1. A Decision-Making Leave is a Level III form of discipline. The immediate supervisor may provide the Director of Human Resources or designee with documentation and records, using the Performance Correction Notice form, supporting a request that an employee be placed on a Decision-Making Leave with or without pay. The employee's overall work record, work performance, attendance and conduct problems should be reviewed. The Human Resources Director or designee will meet with the employee to discuss the performance or conduct issues. After the employee meets with the Human Resources Director or designee, the employee will be placed on a one day Decision-Making Leave with or without pay for the following work day (shift). The Decision-Making Day is intended to allow the employee to reflect on performance, work responsibilities, wants, needs, etc. and to make a decision as to whether the employee wants to make the necessary performance improvements to continue employment with the City of Denton. The HR/POLICY/109.01 PAGE 7 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY ACTION REFERENCE NUMBER: 109.01 supervisor should prepare a Performance Correction Notice outlining the reasons for the Decision-Making Leave and the specific day the leave is to be taken (the next work day). 2. Upon return from a Decision-Making Leave, the employee must report a decision to continue employment or resign. If the employee decides to continue working for the City of Denton, the employee must present the supervisor with a plan to make the needed performance improvements and the employee and the supervisor will discuss the plan. The employee should be informed that termination will result if the employee does not show immediate and continuous improvement. Following this discussion, the employee will be given a letter summarizing the Decision-Making Leave discussion and the employee's decision. The letter should be signed by the employee to acknowledge receipt of the letter and provided a copy of the signed letter. The original letter should be placed in the employee's file in Human Resources. E. Suspension Without Pay: 1. A Suspension Without Pay is a Level III form of disciplinary action. A supervisor may recommend a Suspension Without Pay for up to 30 days. In determining the length of the Suspension Without Pay, the supervisor should consider the nature and severity of the conduct, impact on the organization and previous disciplinary actions. No disciplinary Suspension Without Pay or combination of Suspensions Without Pay will exceed 30 working days in a 12-month period. All proposed Suspensions Without Pay without pay will require the approval of the Director of Human Resources or designee and any Suspension Without Pay for more than 15days without pay must be approved by the Assistant City Manager. Supervisors requesting a Suspension Without Pay without pay should complete a Performance Correction Notice form identifying the reasons for the requested Suspension Without Pay. 2. Employees classified as exempt under the Fair Labor Standards Act may not be suspended for any period of time less than a full work period (Friday midnight to Friday midnight) except in the following situations: a. An exempt employee may be suspended for one or more full days for serious workplace misconduct. "Serious workplace misconduct" is defined to consist of the violation of a major written policy that is applicable to all employees for the City of Denton. Violations of the following City of Denton policies and administrative directives may constitute "serious workplace misconduct" : the Workplace Violence Prevention administrative directive (no. 108.05); the Harassment Prevention policy (no. 108.10); the Drug and Alcohol Free Workplace policy (no. 108.11); the Anti-Substance Abuse and Rehabilitation policy (no. 108.12); and the Fraud Directive (no. 509.01). HR/POLICY/109.01 PAGE 8 OF 14 POLICY/ADNU ISTRATIVE PROCEDURE/ADNUNISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY ACTION REFERENCE NUMBER: 109.01 b. An exempt employee may also be suspended without pay for one or more full days for major safety infractions. A major safety infraction is one that puts another human being in direct threat of loss of life or serious bodily injury. c. Exempt employees may not be suspended for less than a full work week for any general performance related deficiencies or for any misconduct that fails to meet the standards set by the Department of Labor's regulations relating to the Fair Labor Standards Act. d. Human Resources must review and approve any Suspensions for exempt employees. 3. The following instances are intended to be descriptive and serve only as a guide to the types of infractions for which Suspension may be appropriate. This listing is not intended to be exhaustive or exclusive of the types of conduct for which disciplinary action may be taken: a. Safety violation(s), and b. Any action that could negatively impact the City's image but is not serious enough to warrant immediate termination 4. Prior to an employee being suspended without pay, the employee will meet with the Director of Human Resources or designee to discuss the actions leading up to the Suspension. F. Involuntary Demotion: 1. Involuntary Demotion is a Level III disciplinary action. Involuntary Demotion may be considered when an employee fails to satisfy the requirements and performance standards established for a position but is able to function productively in another capacity and when an open lower-level position is available in the employee's department. 2. Typically, employees who are demoted will have their pay reduced by a minimum of 5 but that amount could be greater if the 5 % does not place them within the pay range for the position to which they are demoted. Further, employees who are demoted will have their annual review date changed to the same date as the effective date of the demotion. 3. Prior to an employee being demoted, the employee will meet with the Director of Human Resources or designee to discuss the actions leading up to the Suspension. BR/POLICY/109.01 PAGE 9 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY ACTION REFERENCE NUMBER: 109.01 G. Dismissal: 1. Dismissal is a Level IV disciplinary action. A supervisor may propose to the Director of Human Resources that an employee be dismissed from employment with the City of Denton. A supervisor proposing a dismissal must provide clear, specific and detailed justification for an action of dismissal using the Performance Correction Notice form and attaching any other documentation or summary which supports the supervisor's proposal. For all employee dismissals, supervisors must consult with the Director of Human Resources or designee and the division head. Human Resources will request review and legal advice of the Legal Department recommendations for dismissal in cases where the employee has had no previous disciplinary actions in accordance with this policy or in cases where the Director of Human Resources deems that review by the Legal Department is warranted. The supervisor will provide documentation of the conduct leading to the recommendation for dismissal. 2. The employee shall be given an opportunity to speak with the Director of Human Resources or designee to discuss the proposed dismissal prior to any final action. At such time, the employee may respond to the supervisor's reasons for the requested dismissal if the employee chooses to do so. 3. Employees who have a positive drug or alcohol screen, as set forth in the City's Anti- Substance Abuse and Rehabilitation policy (no. 108.12) will be dismissed. Those employees who would appeal their dismissal must appeal the findings of the drug or alcohol screening as set forth in policy 108.12. 4. Upon review by the City Attorney, consultation with the Director of Human Resources or designee, and approval of the City Manager or designee, the supervisor may deviate from any or all of these procedures and summarily dismiss any employee at any time for any reason or for no reason pursuant to the City of Denton's "at-will" employer status. V. EXAMPLES OF PERFORMANCE DEFICIENCIES AND PERSONAL CONDUCT SUBJECT TO DISCIPLINARY ACTION Coaching and informal discussions are everyday responsibilities performed by supervisors to ensure that employees are performing their jobs and conducting themselves in an acceptable manner. If a performance, attendance or conduct problem arises, the supervisor may coach and informally discuss the problem with the employee. The objective is to assist the employee in recognizing that a problem exists and to develop effective solutions to correct the problem. Normally, the employee corrects most problems in this manner. When informal discussions fail to bring about the appropriate changes in the employee's behavior, however, formal disciplinary HR/POLICY/109.01 PAGE 10 OF 14 POLICY/ADMI ISTRATIVE PROCEDURE/ADNU ISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY ACTION REFERENCE NUMBER: 109.01 action may be taken. The following actions are intended to be descriptive and serve only as a guide to the types of problems for which disciplinary action may be appropriate. This listing is not intended to be exhaustive or exclusive of the types of conduct for which disciplinary action may be taken: A. Performance of duties: The following are examples relating to unsatisfactory performance of duties for which disciplinary action may be taken. This list is not intended to be all-inclusive. It does describe examples of unsatisfactory performance that management believes are unacceptable and could jeopardize an employee's continued employment. Examples are: 1. Incompetence in the performance of duties: The fact that any employee is deemed compe- tent at the time of employment will not preclude a judgment of incompetence as the result of apparent unwillingness to perform assigned tasks, being absent without approved leave or demonstrating unnecessary absence from the assigned work area during assigned hours of work. Other proof of incompetence may include repeated oral and written disciplinary actions for minor infractions of policies, rules, regulations, manuals or directives and/or repeated oral and written disciplinary actions demonstrating the employee's inability to meet performance standards. 2. Failure to satisfactorily meet performance standards for the position. 3. Patterned absenteeism without sufficient medical justification. 4. Absence without approved leave. 5. Tardiness as a habitual pattern or failure to report for duty at the assigned time and place. 6. Violation of written departmental regulations regarding the performance of duties. 7. Careless, negligent or improper use of City property or equipment. 8. Improper use of leave privileges. 9. Discourteous treatment of the public or other employees. 10. Neglect or carelessness in the performance of duties. HR/POLICY/109.01 PAGE 11 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY ACTION REFERENCE NUMBER: 109.01 11. Failure to meet or maintain specified conditions of employment, such as failure to obtain or maintain a license or certificate required as a condition for performing a job. 12. Negligently causing damage to City property. 13. Causing or contributing to an accident by operating City equipment in an unsafe or unauthorized manner. B. Personal Conduct: The following are examples relating to personal conduct for which disciplinary action may be taken. The list is not intended to be all-inclusive. It does describe examples of conduct which management believes are unacceptable and could jeopardize an employee's continued employment. Examples are: 1. Violating a City policy (i.e., Drug and Alcohol Free Workplace (108.11), Harassment (108.10), Workplace Violence Prevention (108.05), Fraud (509.01), etc.). 2. Theft of, aiding in or encouraging the theft of cash, City property or equipment. 3. Destroying City records without authorization. 4. Falsifying City records, including application for employment or medical information or other information concerning employment status. 5. Willful damage to public property or willful waste of public supplies, service or equipment. 6. Insubordination: the refusal to perform a reasonable, lawful, safe and proper work assignment, duty or task from an authorized supervisor. 7. Physical assault committed on the job upon a City employee, member of the public or City official. 8. Using an official position or office for economic gain or soliciting favors or gratuities for performing services required by the employee's position. 9. Disclosing information as defined by statute to be confidential. 10. Unauthorized use or possession of City funds or property. HR/POLICY/109.01 PAGE 12 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY ACTION REFERENCE NUMBER: 109.01 11. Possession or use of weapons on City property or while performing City responsibilities except as authorized as part of the job (i.e., law enforcement). 12. Making threats against another employee or a member of the public. 13. Engaging in any employment activity or enterprise that constitutes a conflict of interest. 14. Using City property or equipment without authorization. 15. Dereliction of duty that is detrimental to the proper performance of the functions of the City. The following subsections constitute dereliction of duty: a. Failure of a supervisor to immediately take action when a violation of policies, rules or regulations comes to the supervisor's attention, regardless of the supervisor's or violator's assignment or position in the City. b. Failure to observe and adhere to the policies of the employee's division or the City. c. Failure to deliver to the official City custodian any property found by, confiscated by or relinquished to employees of the City without undue delay and, in any event, before the workday is ended. 16. Misusing or failing to use delegated authority in the performance of duties. 17. Using abusive language toward employees or the public. 18. Unnecessarily disrupting the work of other employees. 19. Operating or conducting gambling on the job or on City property. 20. Drinking alcoholic beverages during working hours. 21. Violations of safety rules or practices that endanger the employee or others or that damage City property or equipment. 22. Playing tricks or jokes or engaging in horseplay that adversely affects job performance or safety issues. 23. Making derogatory racial, age, ethnic or sexist remarks while on duty. BR/POLICY/109.01 PAGE 13 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY ACTION REFERENCE NUMBER: 109.01 24. Engaging in personal business while on duty without the supervisor's authorization. 25. Failure to report damage to City equipment or property of others. 26. Appropriating City property, i.e., equipment, furniture or construction materials that have been abandoned or discarded. 27. Utilizing City data or information systems for any reason other than City business. 28. Sleeping on the job. 29. Falsely reporting illness or injury or otherwise attempting to deceive the employee's supervisor or any other City official as to a health or medical condition. 30. Engaging in unbecoming conduct, either on or off duty. "Unbecoming conduct" shall include that which brings the City, the City Council, City Administration or the City's reputation into disrepute or reflects discredit upon the employee as an employee of the City, or that which impairs the operation or efficiency of the City or the employee. The exercise of constitutional rights or other legally protected activities are not unbecoming conduct. 31. Employees may be disciplined up to and including discharge for conduct which occurs outside regularly scheduled working hours if such conduct affects the employee's ability to work for the City or if it places the City Council, City Administration or the City's reputation in a negative light. An example that might be considered negative light is a conviction for an offense that jeopardizes citizen trust or confidence in an employee's ability to perform required job duties and responsibilities. Pursuant to such policy, an employee may also be disciplined for failing to report an arrest or conviction for an offense that could jeopardize citizen trust or confidence in the employee's ability to perform required job duties and responsibilities. An employee who is arrested or convicted for such an offense should report the arrest/conviction to his her division within three business days of the offense/conviction. IF THE EMPLOYEE HAS ANY QUESTIONS ABOUT THE NECESSITY OF REPORTING AN ARREST, THE EMPLOYEE SHOULD CONTACT HUMAN RESOURCES AND NOTIFY THE DIRECTOR OF HUMAN RESOURCES OR DESIGNEE OF THE ARREST. HR/POLICY/ 109.01 PAGE 14 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY ACTION REFERENCE NUMBER: 109.01 VI. REVIEW OF DISCIPLINARY ACTIONS If an employee believes that a disciplinary action taken against him/her is capricious or arbitrary; the discipline violates an existing City of Denton policy; the discipline violates an existing state or federal law or regulation; or when the employee believes that the conduct for which the employee has been disciplined constitutes the exercise of a constitutional right or a statutorily protected activity, the employee may seek a discipline review hearing in accordance with the Disciplinary Appeal policy number 109.03. VII. TEMPORARY AND SEASONAL EMPLOYEES Employees classified as temporary, seasonal or special agreement are not covered by this policy. Although it is recommended that supervisors use the guidelines described in this policy, a temporary or seasonal employees may be dismissed for any reason or for no reason. HR/POLICY/ 109.01 RESOLUTION f I RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A REVISED CITY POLICY REGULATING DISCIPLINARY APPEALS FOR THE CITY OF DENTON EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has adopted a policy relating to disciplinary appeals for its employees; and WHEREAS, the Director of Human Resources has presented a revised policy regarding disciplinary appeals for City of Denton employees; and WHEREAS, the City Council, desires to adopt such policy as an official policy regarding employment with the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Policy number 109.03 "Disciplinary Appeals" of the Personnel Policies and Procedure Manual of the City of Denton, a copy of which is attached hereto and incorporated by reference herein, is hereby approved as official policy of the City of Denton, Texas, and replaces former policy number 109.03 within the Policies and Procedure Manual. SECTION 2. The foregoing policy attached hereto and made a part hereof shall be filed in. the official records with the City Secretary. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the`- day of 2009. MARK A. B G , MAYOR ATTEST: r JENNIFER WALTERS, CITY SECRETARY BY. al~ APP 9r AS./TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: SA0ur Documents\Rcsolutions\09tdisciplinary appeals policy.doc CITY OF DENTON PAGE 1 OF -5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 109.03 SUBJECT: DISCIPLINE AND SEPARATION INITIAL EFFECTIVE DATE: 11/08/96 TITLE: DISCIPLINARY APPEAL LAST REVISION DATE: 10/01/2009 POLICY STATEMENT: It is the policy of the City of Denton to give individual employees an opportunity for an appeal regarding disciplinary dismissal, disciplinary suspensions or demotions when they believe that a disciplinary action taken against them is capricious or arbitrary; the discipline violates an existing City of Denton policy or administrative directive; the discipline violates an existing state or federal law or regulation; or when the employee believes that the conduct for which he/she has been disciplined constitutes the exercise of a constitutional right or a statutorily protected activity. Disciplinary appeals are considered according to prescribed guidelines as set forth in the following "Administrative Procedures". The disciplinary appeal process is designed to afford the employee a responsive forum to guard against biased or arbitrary decisions; however, nothing in this policy shall be construed as a grant to any employee of a property right in tenured public employment. All employees are employed strictly on an at-will basis. Dismissals based upon a positive drug or alcohol test result are not subject to this Disciplinary Appeal process because the City of Denton's Anti-Substance Abuse and Rehabilitation policy (no. 108.12) provides an appeal process for those dismissals. City Council appointees, temporary employees, seasonal employees, contract employees, and those employees governed by the provisions of Chapter 143 of the Texas Local Government Code are exempt from this policy, unless specifically stated otherwise herein. However, an opportunity for a response and appeal shall be afforded such employees when they believe that a disciplinary action taken against them is capricious or arbitrary; the discipline violates an existing City of Denton policy or administrative directive; the discipline violates an existing state or federal law or regulation; or when the employee believes that the conduct charged constitutes the exercise of a constitutional right or a statutorily protected activity. ADMINISTRATIVE PROCEDURES: I. APPEAL PROCESS FOR SUSPENSIONS, INVOLUNTARY DEMOTIONS AND DISMISSALS A. Requesting the Appeal: HR/POLICY/109.03 PAGE 5 OF 5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY APPEAL REFERENCE NUMBER: 109.03 An employee who has been demoted involuntarily, suspended without pay or dismissed may request a disciplinary appeal. Disciplinary appeals are conducted by an assistant city manager, a department head , an assistant director or another manager on the same level as an assistant director. "Dismissed" means that an employee has been involuntarily terminated and does not include resignations. 1. All requests for a disciplinary appeal must be in writing and must be filed with the Human Resources Department within ten (10) business days after receiving notification of an action taken. 2. An employee who requests a disciplinary appeal must inform the Human Resources Department in writing of his/her correct mailing address and telephone number if it is different from the address in the Human Resources' personnel files. Failure to provide current mailing address and telephone information may result in administrative closure of the disciplinary appeal. 3. The written request must set forth the specific reasons why the-employee feels the action is capricious or arbitrary; the discipline violates an existing City of Denton policy or administrative directive; the discipline violates an existing state or federal law or regulation; or the employee believes that the conduct for which he/she has been disciplined constitutes the exercise of a constitutional right or a statutorily protected activity. The employee should also identify those persons whom the employee believes have knowledge of facts relevant to the matter being appealed. If the request for a disciplinary appeal fails to contain the reason for the appeal or any facts to support the reason for the appeal, the Director of Human Resources may refuse the request for appeal. 4. Because it is important that disciplinary appeals be resolved as rapidly as possible, time limits, as set out in the following paragraphs, shall be considered a maximum and every effort shall be made to expedite the process. However, the limits may be extended or shortened at any or all steps if both parties agree in writing. In the event either parry cannot agree, the Director of Human Resources shall have the discretion to shorten or extend the time limits. In the event the last day of a time limit falls on a weekend or a City holiday, in the case of a time limit based upon calendar days, the time limit shall include the next working day. In all instances, consecutive working days will be counted (excluding Saturday, Sunday, and City holidays) in arriving at the length of the time interval. Under no circumstances shall any failure to meet any time limit affect the validity or finality of event for which a hearing is sought. B. Appointment of Appeal Official HR/POLICY/109.03 PAGE 5 OF 5 POLICY/ADNU ISTR.ATIVE PROCEDURE/ADMIMSTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY APPEAL REFERENCE NUMBER: 109.03 1. The Director of Human Resources or Human Resources designee will appoint the Appeal Official. The Director of Human Resources or designee will not assign an assistant city manager division or department director or assistant director who played a role in the disciplinary action from which the employee's complaint arose. An assistant city manager, department director , or assistant director shall be presumed to have played a role in the disciplinary action if he/she: a. Discussed the details of the proposed disciplinary action with the employee or any supervisor in the chain of command; b. Approved the disciplinary action; or c. Personally imposed the disciplinary action. Nothing shall prevent an assistant city manager, a director, or an assistant director of the City from acting as the Appeal Official for an employee's appeal if he/she has merely been informed of the type of disciplinary action imposed against the employee. 2. If the employee requesting the appeal or the employee's supervisor object to the appointed Appeal Official because of a belief that the appointed Appeal Official is biased, the employee or supervisor may submit a written objection to the Director of Human Resources within three business days of the date of the letter giving notice of the appointment. Any written objection must contain specific facts upon which the objection is based. It is not sufficient objection that the appointed Appeal Official is an employee of the City of Denton. Within five business days of receiving the objection, the Director of Human Resources will determine whether the objection will be sustained based upon the written reasons in the objection--although the Director of Human Resources may seek clarification of those facts from the appointed Appeal Official. Should the Director of Human Resources sustain the objection, the Director of Human Resources will either appoint a different Appeal Official (to which either the appealing employee or the employee's supervisor may again object in writing within three business days) or the Director of Human Resources may submit a list of three proposed individuals to which each parry (the appealing employee or the employee's supervisor) may object to one name and the Director of Human Resources will select an Appeal Official from the names without objections. It is within the Director of Human Resources' discretion as to which method is used for the appointment of an Appeal Official. When an objection is made to an Appeal Official, the thirty calendar days by which an Appeal Official must conduct a review and investigation into the employee's appeal, as described below, will be suspended for the length of time it takes for the Director of Human Resources to determine the objection or appoint another Appeal Official. H"OLICY/109.03 PAGE 5 OF 5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY APPEAL REFERENCE NUMBER: 109.03 C. Investigation, Recommendation and Determination 1. The Appeal Official will conduct a review and investigation into the employee's appeal to be completed within 30 calendar days of the employee's request for an appeal, unless an extension is agreed upon by both parties as described in this policy or unless an objection is made to the Appeal Official as described above. In addition to reviewing the employee's written appeal and documentation relevant to the discipline, the Appeal Official may conduct interviews of witnesses or persons with knowledge relevant to the appeal. As part of the review process, the Appeal Official may or may not require a face-to-face meeting between the employee filing the appeal and the supervisor who recommended the discipline being appealed. 2. Upon conclusion of the investigation of the appeal, the Appeal Official will make a recommendation to the City Manager and a final action will be concluded within ten (10) business days. The City Manager may accept the recommendation; reject the recommendation; or accept the recommendation with modifications. The City Manager's acceptance or rejection of the recommendation is the final decision on the appeal. After the City Manager has either accepted the recommendation (with or without modifications) or rejected the recommendation, the City Manager will communicate the final decision in writing to the employee, the employee's supervisor and others with the need to know in the chain of command. 3. As all employees are employed strictly on an at-will basis, and no contractual rights are implicated, no particular burden of proof need be met to sustain a termination or disciplinary sanction. II. OTHER DISCIPLINARY ACTIONS (WARNINGS, MANAGED ACTION PLANS, REPRIMANDS AND DECISION MAKING LEAVES) The appeal procedures described above do not apply to other forms of discipline, including Warnings, Managed Action Plans, Reprimands, and Decision Making Leaves (all described in City of Denton policy no. 109.01). If an employee questions the appropriateness of those disciplines the employee may do one or both of the following: A. Write a rebuttal to the disciplinary action and the rebuttal will be placed in the employee's personnel file with the disciplinary action. The employee may write the rebuttal on the space provided on the Performance Correction Notice or may write it on a separate sheet of paper. In any case, the employee should submit his/her response within ten (10) business days of receiving the disciplinary action; and/or, HR/POLICY/109.03 PAGE 5 OF 5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY APPEAL REFERENCE NUMBER: 109.03 B. Speak with his supervisor's supervisor and/or anyone in his chain of command, up to and including the City Manager, regarding the disciplinary action and request that the disciplinary action be removed or modified. If a supervisor in his/her chain of command, after speaking with the employee, believes that the disciplinary action should be removed or modified, then Human Resources should be contacted to either remove the item from the employee's personnel file or to assist in modifying the disciplinary action. HR/POLICY/109.03 RESOLUTION RESOLUTION NO. 2czen-,~ A RESOLUTION OF THE CITY OF. DENTON, TEXAS APPROVING A REVISED CITY POLICY REGULATING THE INTRODUCTORY PERIOD FOR THE CITY OF DENTON EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has adopted a policy relating to the introductory period for its employees; and WHEREAS, the Director of Human Resources has presented a revised policy regarding the introductory period for City of Denton employees; and WHEREAS, the City Council, desires to adopt such policy as an official policy regarding employment with the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Policy number 104.02 "Introductory Period" of the Personnel Policies and Procedure Manual of the City of Denton, a copy of which is attached hereto and incorporated by reference herein, is hereby approved as official policy of the City of Denton, Texas, and replaces former policy number 104.02 within the Policies and Procedure Manual. SECTION 2. The foregoing policy attached hereto and made a part hereof shall be.filed in the official records with the City Secretary. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day 2009. D MARK A B O , MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPS. VED .S TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 1- BY: JV1 S:\Our Documrnts\Rcsolutions\09\introductory period policy.doc CITE' OF DENTON PAGE 1 OF -2 POLICY/ADMIMSTR.ATIVE PROCEDURE/ADMNISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 104.02 SUBJECT: EMPLOYEE DEVELOPMENT INITIAL EFFECTIVE DATE: 04/19/88 TITLE: INTRODUCTORY PERIOD LAST REVISION DATE: 10/01/2009 POLICY STATEMENT: Every person appointed to a regular position (full-time and part-time) in the service of the City shall be required to successfully complete an introductory period of one (1) year. During the introductory period, the supervisor shall closely observe and evaluate the work of all new employees and encourage their effective adjustment to the position by providing necessary training, coaching and orientation in order to determine the advisability of continued employment. A supervisor may release the employee from his/her introductory period if the supervisor determines that the employee is exhibiting the knowledge, skills, and abilities to be successful in the employee's position, department and the City of Denton. The purpose of this policy is to allow the employee's supervisor: 1) to train, instruct, review, and counsel the employee in the operations of the department, the expectations of the supervisor, and the performance level required and 2) to identify and correct inadequate performance. The successful completion of an introductory period should not be construed as creating a contract of employment or as guaranteeing employment for any specific duration or as establishing a "just cause" disciplinary or termination standard. ADMINISTRATIVE PROCEDURES: 1. Throughout the introductory period, the employee's supervisor should continually assess his/her performance to determine the advisability of continued employment. The supervisor should coach or counsel the employee on the supervisor's expectations of performance and behavior. The supervisor is to use and administer the Discipline Action policy number 109.01 to document inadequate performance of the introductory period employee. If at any time during the introductory period the supervisor should determine that the employee cannot successfully master the duties of the position, the supervisor shall complete a request for termination and forward it to the Human Resources Director. The Human Resources Director or his/her designee will then review the supervisor's request for termination. H. If an employee is absent for 30 days or more during the introductory period, the introductory period may be extended by the amount of time the employee was absent to be equivalent to six months of performance. If an employee is placed on a Performance Improvement Plan (PIP) in accordance with Policy HR/POLICY/104.02 PAGE 2 OF 2 POLICY/ADNHNISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: INTRODUCTORY PERIOD REFERENCE NUMBER: 104.02 No. 109.01 (Disciplinary Action) and that PIP's ending date is later than one year after the employee's hire date, the Introductory Period will automatically be extended to the ending date of the PIP. An employee who leaves a regular position with the City and is reemployed shall be considered a new employee and serve the one (1) year introductory period under the same conditions. Benefit accruals and eligibility will be deferred in accordance with the leave without pay policy (111.08). III. Any employee (regardless of the introductory period) will have the opportunity to apply for promotion or transfer. IV. An employee may be released from his/her introductory period status after six months of employment with the City of Denton if the employee's supervisor, after reviewing the employee's performance, determines that the employee exhibits the necessary knowledge, skills, and abilities required to be successful in his/her position, department and the City of Denton. If the supervisor determines to release the employee from his/her introductory period, the supervisor shall prepare a memorandum to Human Resources detailing the reasons why and forwarding it to Human Resources. The supervisor shall also copy in the employee on the memorandum as well as the next level supervisor. IV. Civil Service employees are governed by Chapter 143 of the Texas Local Government Code, Vernon's Codes Annotated and any Meet and Confer Agreement that may be effective during the time of their employment with the City of Denton. This statute is available for review in the Denton Public Library and the Departments of Fire, Police, and Human Resources. V. An employee who leaves a regular position with the City in order to actively serve in the United States armed forces shall be reemployed with the City of Denton if the employee complies with all provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA). The conditions of the preceding paragraphs will be applied as required by applicable federal and state laws. BR/POLICY/104.02 RESOLUTION S:\Our Documents\Resolutions\09\911 vote for member.doc RESOLUTION NO. 20 A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office of Olive Stephens, a member of the Board of Managers of the Denco 9-1-1 District, will expire on September 30,2009; and WHEREAS, Section 772.306 of the Health and Safety Code (V.A.C.S.) provides that two voting members of the Board of Managers of an Emergency Communication District shall be appointed jointly by participating municipalities located in whole or in part in the District; and WHEREAS, the City of Denton, Texas wishes to vote for a member to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton, Texas hereby votes for Olive Stephens as a member to the Board of Managers of the Emergency Communication District of Denton County for a two-year term to commence October 1, 2009. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. a PASSED AND APPROVED this the _ff ` ~ day of .52009. MARK A. UG , MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR +ASO GA L FORM: ANITA BURGESS, CITY ATTORNEY BY: RESOLUTION s:\our documents\resolutions\09\blues festival alcohol sell.doc RESOLUTION NO. O A RESOLUTION ALLOWING THE BLACK CHAMBER OF COMMERCE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE BLUES FESTIVAL ON SEPTEMBER 19, 2009, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Quakertown Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Blues Festival; and WHEREAS, the Black Chamber of Commerce (called "Chamber") has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Blues Festival on September 19, 2009; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Chamber be the sole participant allowed to sell alcoholic beverages at the Blues Festival; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Chamber shall be the sole participant allowed to sell alcoholic beverages at the Blues Festival on September 19, 2009 at the Quakertown Park upon the following conditions: 1. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00; 4. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Blues Festival. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this Resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. sAour documents\resolutions\09\blues festival alcohol sell.doc SECTION 3. This Resolution shall become effective immediately upon its passage and approval. a PASSED AND APPROVED this the / day of , 2009. MARK A. B U MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: A01 $6 2 APPR VEDA O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 00- Page 2 of 2 s:but documentsbont m\08%hes festival coat ladoe QUAKERTOWN PARK AGREEN[ENT FOR THE BLUES FESTIVAL STATE OF TEXAS § COUNTY OF DENTON § This Agreement, made this day of ~1~ 2009, by and between the City of Denton, a municipal corporation, hereinafter ref to as the "CITY" and the Black Chamber of Commerce, (called "CHAMBER'). wri NESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to CHAMBER the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Blues Festival on September 19, 2009, to be held at the Quakertown Park. Attached hereto and made a part hereof by is a copy of the resolution passed by the City Council of Denton, Texas, authorizing this privilege. This privilege does not extend beyond. the date of the Blues Festival set for the year 2009. ARTICLE 2 SCOPE OF SERVICES CHAMBER in order to exercise the privilege to sell alcoholic beverages must perform the following: A. CHAMBER shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the Blues.Festival. B. CHAMBER shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Blues Festival. C. CHAMBER shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the Blues Festival. CHAMBER'S failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the Blues Festival. rkour doc lco~ahsctsWB~bluas festival coattaMdoc ARTICLE 3 LOCAL RULES AND REGULATION CHAMBER agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Quakertown Park Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. CHAMBER shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. CHAMBER will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Blues Festival. ARTICLE 4 INDEMNITY AGREEMENT CHAMBER shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of CHAMBER or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. j Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE 5 INSURANCE During the performance of the Agreement, CHAMBER shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less that $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Liquor/Dram Shop Liability in the amount of $250,000 per occumence for any event occurring on City-owned property where alcohol will be provided or served. Blues Festival Agreement - Page 2 sAour documanlslcoa~tcacisV0ftlucs festlvsl contmctdoc C. CHAMBER shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision. that such insurance shall not be canceled or modified without written notice to the CITY and CHAMBER. In such event, CHAMBER shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CHAMBER. To CITY: Black Chamber of Commerce City of Denton Kerry Goree, Chairman City Manager P.O. Box 51026 215 E. McKinney Denton, Texas 76206 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and one (1) exhibit, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERA13R= If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. Blues Festival Agreement - Page 3 $Aour docum 9\bhm fwfival conusadoc ARTICLE 9 DISCRIMINATION PROI~ITEIy In performing the services required hereunder, CHAMBER shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL CHAMBER represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABIIdTY CHAMBER shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior, written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the parry to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 AUSCELLANEOUS A. The following exhibits area hed to and mack a part of this Agreement: (list exhibits) Exhibit "A" Resolution No. GAD B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. C. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Blues Festival Agreement - Page 4 sAouv docmn=t boat ww\081b1uw fesdW coMut.doc IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be ~1 this Agre went executed by its duly authorized City Manager, and CHAMBER has execu through its duly authorized undersigned officer on this the Z ~c day of 2009. CITY OF DENTON, TEXAS R C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: BLACK CHAMBER OF C RCE BY: Y GOREE, CHAIRMAN 0 WITNESS: BY: Blues Festival Agreement - Page 5 sAour documents\resolutions\09\blues festival alcohol sell.doc Exhibit A RESOLUTION NO. r D _ A RESOLUTION ALLOWING THE BLACK CHAMBER OF COMMERCE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE BLUES FESTIVAL ON SEPTEMBER 19, 2009, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Quakertown Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Blues Festival; and WHEREAS, the Black Chamber of Commerce (called "Chamber") has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Blues Festival on September 19, 2009; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Chamber be the sole participant allowed to sell alcoholic beverages at the Blues Festival; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Chamber shall be the sole participant allowed to sell alcoholic beverages at the Blues Festival on September 19, 2009 at the Quakertown Park upon the following conditions: 1. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00; 4. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Blues Festival. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this Resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. sAour documents\resolutions\09%lues festival alcohol sell.doc SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the / day of , 2009. MARK A. B U MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR VEDA O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2 RESOLUTION sAour documents\resolutions\09\1180 cottonwood lane sale-ord.doc RESOLUTION NO. X09 DZ~ A RESOLUTION AUTHORIZING THE CITY OF DENTON, AS TRUSTEE, TO SELL CERTAIN REAL PROPERTY LOCATED AT 1180 COTTONWOOD LANE; CONSENTING TO THE SALE OF CERTAIN REAL PROPERTY TO THE HIGHEST BIDDER AS PROVIDED BY LAW; AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE A DEED WITHOUT WARRANTY AND ANY OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CONVEY CERTAIN REAL PROPERTY SOLD BY THE CITY OF DENTON, AS TRUSTEE, PURSUANT TO SECTION 34.05 OF THE TEXAS PROPERTY TAX CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Cause No. 2006-0963-211, was filed by the County of Denton, the City of Denton, the Krum Independent School District and the Denton County Education District, in the 211 th Judicial District Court in and for Denton County, Texas, in order to collect delinquent taxes owing upon the following described real property, to wit: BEING Denton EST Lot 4, Denton County, Texas; and WHEREAS, the 211th Judicial District Court in and for Denton County, Texas, granted Judgment in favor of the taxing jurisdictions of Denton County on July 7, 2003 as follows: County of Denton $ 904.56 City of Denton $ 25061.54 Krum Independent School District $ 45244.22 Denton County Education District $ 346.73 Total Due $ 71557.05 WHEREAS, the above-described real property was offered for sale on April 7, 20095 by the Sheriff of Denton County, Texas, at a public auction pursuant to Judgment of the 211th Judicial District Court in and for Denton County, Texas, for foreclosure of the tax liens securing payment of the delinquent property taxes, as well as accrued penalty and interest owing thereon; and WHEREAS, at said sale, the Sheriff of Denton County, Texas did not receive a sufficient bid respecting the above-described real property, as set by law, and the above-described real property was therefore struck off to the City of Denton, Texas, Trustee, in trust and for itself, the Krum Independent School District, the Denton County Education District and Denton County, pursuant to Section 34.01(c) of the Texas Property Tax Code; and WHEREAS, all taxing units involved as judgment creditors in the foregoing Judgment desire to resell the above-described real property in an expeditious manner, pursuant to Section 34.05 of the Texas Property Tax Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SA0ur Documents\Resolutions\09\1180 Cottonwood Lane Sale-Ord.doc SECTION 1. The City Council of the City of Denton, Texas does hereby authorize the City of Denton as Trustee, for the benefit of itself, and the other taxing jurisdictions in Denton County including the City of Denton, Texas, to sell the above-described real property; and hereby consents to the sale of the above-described real property to the highest bidder, even if the highest bid tendered to the City of Denton as Trustee, is less than the market value of the above- described real property as set forth in the above-described Judgment of foreclosure or the total amount of the Judgment against the above-described real property. SECTION 2. The Mayor of the City of Denton, Texas is hereby authorized to execute a deed without warranty and any other documents necessary to convey the above-described real property sold by the City of Denton, as Trustee, pursuant to Section 34.05 of the Texas Property Tax Code. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. S~ PASSED AND APPROVED this the l day do) &2dul/ , 2009 MARK A. S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY IN L BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2 RESOLUTION - sAour documents\resolutions\09\tarrant regional trans coalition.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPOINTING ONE MEMBER AS THE CITY'S REPRESENTATIVE TO THE TARRANT REGIONAL TRANSPORTATION COALITION (TRTC); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Tarrant Regional Transportation Coalition (TRTC) is a non-profit membership organization that advocates for transportation improvements in the western half of the North Texas Metroplex and is committed to increased investments in transportation, enhancements to the region commuter and freight rail systems, preservation of air quality and the overall improvement in mobility for the region; and WHEREAS, as the Interstate 35-West corridor continues to develop, the City of Denton and Denton County will become more and more involved with planning and development efforts along this corridor and membership in the TRTC will enhance the City's role in the region and assist the City of Denton in advancing planning objectives along the Interstate 35-West corridor; and WHEREAS, the City Council deems it to be in the public interest to participate in the aforementioned activities of the TRTC and to appoint a representative thereto; and WHEREAS, the City Council deems it be in the public interest to appoint Dalton Gregory as the City's representative to the TRTC; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this Resolution are incorporated herein by reference. SECTION 2. Dalton Gregory is hereby appointed as the representative of the City of Denton, Texas to the TRTC. Dalton Gregory is qualified to serve on the TRTC as having professional experience in the field of transportation, business, government, engineering, or law. SECTION 3. The City Manager is hereby authorized to send a certified copy of this Resolution to appropriate officials of the TRTC. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .92009. MA . U S, MAYOR sAour documents\resolutions\09\tarrant regional trans coalition.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2 RESOLUTION sAour documents\resolutions\09\nominate central appraisal district.doc RESOLUTION NO. ~O A RESOLUTION NOMINATING MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for the Board of Directors of the Denton Central Appraisal District will expire on December 31, 2009; and WHEREAS, the City of Denton, Texas wishes to nominate members to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton, Texas, hereby nominates 4 and &A,eea ST 1--n-spas members to the Board of Directors of the Denton Central Appraisal District for two-year terms to commence January 1, 2010. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the lp day of ~i '2009. MAR-K X. U MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: od_6 A 1.) APPR ED ZrO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: RESOLUTION s:\our documen ts\resol u tions\09\in vestment policy 1 10309.doc RESOLUTION NO. A RESOLUTION REVIEWING AND ADOPTING REVISIONS TO THE INVESTMENT POLICY REGARDING FUNDS FOR THE CITY OF DENTON; AND PROVIDING AN EFECTIVE DATE. WHEREAS, the City Council passed Resolution No. 96-061 on October 15, 1996, which adopted an Investment Policy for Funds for the City, in compliance with the Public Funds Investment Act, 74th Leg., ch. 402, 1995 Tex. Sess. Law Serv. 2958 (Vernon) (TEX. GOV'T CODE Ann. Ch. 2256); and WHEREAS, by Resolution No. 97-026, passed by the City Council on June 10, 1997, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 97-077, passed by the City Council on December 16, 1997, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 98-067, passed by the City Council on December 15, 1998, the City's Investment Policy was reviewed and adopted; and WHEREAS, by Resolution No. 99-047, passed by the City Council on September 21, 1999, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2000-065, passed by the City Council on December 1q," 2000, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2001-072, passed by the City Council on December 18, 2001, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2002-055, passed by the City Council on December 10, 2002, the City's Investment Policy was amended, and WHEREAS, by Resolution No. 2004-008, passed by the City Council on February 3, 2004, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2005-008, passed by the City Council on February 22, 2005, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2005-047, passed by the City Council on November 15,: ' 2005, the City's Investment Policy was amended, and WHEREAS, by Resolution No. 2007-028, passed by the City Council on-September 25.. 2007, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2008-009, passed by the City Council on March 4, 2008, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2009-006, passed by the City Council on March 3, 2009, the City's Investment Policy was amended; and s:\our documents\resolutions109\investment policy 1 10309.doc WHEREAS, the City Council desires to revise the Investment Policy in order to reflect changes in the Public Funds Investment Act (PFIA), as well as incorporate needed administrative and procedural modifications which have occurred over time; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council has reviewed the attached City of Denton Investment Policy, which contains the City's investment policies and investment strategies for each of the funds under its control and hereby adopts the attached Investment Policy, which is made a part of this Resolution for all purposes. SECTION 2. The City Council authorizes the City's designated Investment Officers to revise the Investment Policy in order to reflect changes in the Public Funds Investment Act (PFIA), as well as incorporate needed administrative and procedural modifications which have-, occurred over time. SECTION 3. All resolutions or parts of resolutions in force when the provisions of this. Resolution became effective which are inconsistent or in conflict with the terms or provisions. contained in this Resolution are hereby repealed to the extent of any such conflict only. The non-conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect. SECTION 4. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Resolution No. 96-061, Resolution INTO. 97-026, Resolution No. 97-077, Resolution No. 98-067, Resolution No. 99-047, Resolution No. 2000-065, Resolution No. 2001-072, Resolution No. 2002-055, Resolution No. 2004-008, Resolution No. 2005-008, Resolution No. 2005-047, Resolution No. 2007-028, Resolution No. 2008-009, and Resolution No. 2009-006 shall remain in full force and effect. SECTION 5. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. 42- MARK A. HS, M OR ,r ATTE9_T-_- JENNIFER WALTERS, CITY SECRETARY B n^ APPR ED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY _W ; I BY: Page 2 of 2 CITY OF DENTON Page 1 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: FINANCE POLICIES REFERENCE NUMBER: 403.06 SUBJECT: INVESTMENTS INITIAL EFFECTIVE DATE: 02/17/87 REVISION DATE: TITLE: INVESTMENT POLICY 11/03/09 1. PURPOSE It is the objective of the City of Denton to invest public funds in a manner which will provide maximum security and the best commensurate yield while meeting the daily cash flow demands of the City and conforming to all federal, state and local statutes, rules and regulations governing the investment of public funds. This Policy serves to satisfy the statutory requirements of defining and adopting a formal investment policy. The Policy and investment strategies shall be reviewed annually by the Audit/Finance Committee and City Council who will formally approve any modifications. This Investment Policy, as approved, is in compliance with the provisions of the Public Funds Investment Act of Tex. Gov't. Code Chapter 2256. H. SCOPE A. This Investment Policy applies to the investment activities of the City of Denton, Texas. The specific funds cited hereafter in Section I11), shall be excluded from this Investment Policy. All financial assets of all funds, including the General Fund and any other accounts of the City not specifically excluded in these policy guidelines are included. These funds are accounted for in the City's Comprehensive Annual Financial Report (CAFR). These funds, as well as funds that may be created from time-to-time, shall be administered in accordance with the provisions of this Policy. All funds will be pooled for investment purposes except for those listed under IIC. In addition to this Policy, the investment of bond proceeds and other bond funds (including debt service and reserve funds) shall be governed and controlled by their governing ordinance and by the provisions of the Tax Reform Act of 1986, including all regulations and rulings promulgated there under applicable to the issuance of tax-exempt obligations. B. Funds covered by this Policy and managed as a pooled fund group: 1. General Fund - used to account for resources traditionally associated with government, which are not required to be accounted for in another fund. 2. Special Revenue Funds - used to account for the proceeds from specific revenue sources which are restricted to expenditures for specific purposes. 3. Debt Service Fund used to account for resources to be used for the payment of principal, interest and related costs on general obligation debt. 4. Capital Project Funds - used to account for resources to enable the acquisition or construction of major capital facilities which are not financed by enterprise funds, internal service funds, or trust funds. 5. Enterprise Funds - used to account for operations that are financed and operated in a Page 2 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 manner similar to private business enterprises. 6. Internal Service Funds - used to account for the cost of providing goods or services between City departments. 7. Trust and Agency Funds - used to account for assets held by the City in a trustee capacity or as an agent for individuals, private organizations, other governments, and/or other funds. 8. New funds available for investment by the City, such as (but not limited to) resources associated with Public Improvement Districts or Tax Increment Financing zones, unless specifically excluded herein. C. Funds covered by this Policy and managed as separately invested assets: 1. Bond Funds - funds established with the proceeds from specific bond issues when it is determined that segregating these funds from the pooled funds' portfolio will result in maximum interest earning retention under the provisions of the Tax Reform Act of 1986. 2. Bond Reserve Funds - funds set at prescribed levels by certain bond ordinances to pay principal and/or interest if required to prevent default. 3. Endowment Funds - funds given to the City with the instructions that the principal is to remain intact, unless otherwise agreed to, and the income generated by the investments will be used for specified purposes. 4. Trust or Escrowed Funds - funds held outside the City by a trust or escrow agent but belonging to the City. D. This Policy shall not govern funds, which are managed under separate investment programs in accordance with the Tex. Gov't. Code Sec. 2256.004. Such programs currently include all funds related to employee retirement programs, other funds established by the City for deferred employee compensation, and certain private donations. The City shall and will maintain responsibility for these funds to the extent required by Federal and State Law, the City Charter, and donor stipulations. M. INVESTMENT OBJECTIVES & STRATEGIES It is the policy of the City that, giving due regard to the safety and risk of investments, all available funds shall be invested in conformance with State and Federal Regulations, applicable Bond Ordinance requirements, adopted Investment Policy and adopted Investment Strategies. In accordance with the Public Funds Investment Act, the following prioritized objectives (in order of importance) in accordance with the Tex. Gov't. Code Sec. 2256.005(d) apply for each of the City's investment strategies. A. Suitability - Understanding the suitability of the investment to the financial requirements of the City is important. Any investment eligible in the Investment Policy is suitable for all City funds. Page 3 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE F,TLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 B. Safety - Preservation and safety of principal are the primary objectives of the Investment Policy. All investments will be in high quality securities with no perceived default risk. C. Liquidity - The City's investment portfolio will remain sufficiently liquid to meet operating requirements that might be reasonably anticipated. Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets. Short-term investment pools and money market mutual funds provide daily liquidity and may be utilized as a competitive yield alternative to fixed income investments. D. Marketability - Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Historical market "spreads" between the bid and offer prices of a particular security type of less than a quarter of a percentage point shall define an efficient secondary market. E. Diversification - Investment maturities shall be staggered throughout the budget cycle to provide cash flow based on the anticipated needs of the City. Diversifying the appropriate maturity structure will reduce market cycle risk. F. Yield - Attaining a competitive market yield, commensurate with the City's investment risk constraints and the cash flow characteristics of the portfolio, is the desired objective. The goal of the City's investment portfolio is to regularly meet or exceed the average rate of return on U.S. Treasury Bills at a maturity level comparable to the portfolio's weighted average maturity in days. The yield of an equally weighted, rolling six-month Treasury Bill portfolio shall be the minimum yield objective or "benchmark". Six-month U.S. Treasury Bill information is derived from the Federal Reserve Statistical Release H.15 for constant maturities. A secondary objective will be to obtain a yield equal to or in excess of a local government investment pool or money market mutual fund. The first measure of success in this area will be the attainment of enough income to offset inflationary increases. Although steps will be taken to obtain this goal, the City's staff will follow the "Prudent Person" statement relating to the standard of care that must be exercised when investing public funds as expressed in the Tex. Gov't. Code Sec. 2256.006(a-b). The Investment Officers shall avoid any transactions that might impair public confidence in the City's ability to govern effectively. The governing body recognizes that in diversifying the portfolio, occasional measured unrealized losses due to market volatility are inevitable, and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented. The prudence of the investment decision shall be measured in accordance with the tests set forth in the Tex. Gov't. Code Sec. 2256.006(b). IV. INVESTMENT STRATEGY FOR SPECIFIC FUND GROUPS In order to better diversify, maximize interest earnings and otherwise meet stated objectives, fund groups may be combined into one or more internal investment pools. Although fund monies may be combined into a single asset portfolio, proportional fund ownership will be accounted for separately. The City maintains separate portfolios for some individual funds or groups of funds (as listed under Section II) that are managed in accordance with the terms of this Policy and by the corresponding investment strategies listed below. Page 4 of 15 POLIMADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE FlTLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 A. Investment Pool Strategy - The City's Investment Pool is an aggregation of the majority of City funds which includes tax receipts, enterprise fund revenues, fine and fee revenues, as well as some, but not necessarily all, bond proceeds, grants, gifts and endowments. This portfolio is maintained to meet anticipated daily cash needs for the City's operations, capital projects and debt service. In order to ensure the ability of the City to meet obligations and to minimize potential liquidation losses, the dollar-weighted average stated maturity of the Investment Pool shall not exceed 1.5 years or 550 days. The objectives of this portfolio are to: 1. Ensure safety of principal by investing in only high quality securities for which a strong secondary market exists. 2. Ensure that anticipated cash flows are matched with adequate investment liquidity. 3. Limit market and credit risk through diversification. 4. Attain the best feasible yield commensurate with the objectives and restrictions set forth in this Policy by actively managing the portfolio to meet or exceed the six month moving average yield on a six month U.S. Treasury Bill as derived from the Federal Reserve Statistical Release H.15 for constant maturities. B. Bond Funds Strategy - Occasionally, separate non-pooled portfolios are established with the proceeds from bond sales in order to maximize earnings. within the constraints of arbitrage regulations. The objectives of the portfolios are to: 1. Ensure safety of principal by investing in only high quality securities for which a strong secondary market exists. 2. Ensure that anticipated cash flows are matched with adequate investment liquidity. 3. Limit market and credit risk through diversification. 4. Attain the best feasible yield commensurate with the objectives and restrictions set forth in this Policy and the bond ordinance by actively managing the portfolio to meet or exceed the bond yield. C. Bond Reserve Fund Strategy - Non-pooled reserve funds for outstanding revenue bonds are set at levels required by their respective bond ordinances. These funds will be used to pay principal and/or interest, if required, to prevent default. Securities should be of high quality and, except as may be required by the bond ordinance specific to an individual issue, of short to intermediate-term maturities with stated final maturities not exceeding five (5) years or a dollar weighted average maturity of 650 days or less. The objectives of the portfolios are to: 1. Ensure safety of principal by investing in only high quality securities for which a strong secondary market exists. 2. Create a dependable revenue stream from securities with a low degree of volatility. 3. Limit market and credit risk through diversification. Page 5 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 4. Attain the best feasible yield commensurate with the objectives and restrictions set forth in this Policy and the bond ordinance by actively managing the portfolio to meet or exceed the bond yield. D. Endowment Fund Strategy - Funds received as gifts to the City with instructions that the income generated by the investment of said funds be used for specified purposes are invested as separate non-pooled portfolios in order to maximize return. The objectives of the portfolios are to: 1. Ensure safety of principal by investing in only high quality securities for which a strong secondary market exists. 2. Ensure that anticipated cash flows are matched with adequate investment liquidity. 3. Limit market and credit risk through diversification. 4. Attain the best feasible yield commensurate with the objectives and restrictions set forth in this Policy. V. INVESTMENT COMMITTEE Members - The Investment Committee will consist of the City Manager, Assistant City Manager for Finance, Assistant City Manager for Utilities, City Attorney, Director of Finance, City Controller, Treasury & Debt Manager, Revenue & Treasury Analyst, and the City's investment advisor. The investment advisor is a non-voting member of the Investment Committee. Scope - The Investment Committee shall meet at least quarterly to determine general strategies, investment guidelines and to monitor results. Included in its deliberations will be such topics as: economic outlook, portfolio diversification, maturity structure, potential risk to the City's funds, authorized broker/dealers (if applicable), and the target rate of return on the investment portfolio. Procedures - The Investment Committee shall provide minutes of its meetings. Any two members of the Investment Committee may request a special meeting, and four members shall constitute a quorum. The Investment Committee shall establish its own rules of procedures. VI. RESPONSIBILITY AND STANDARD OF CARE A. Delegation & Training - The management responsibility for the investment program is delegated to the Director of Finance, who shall establish written procedures for the operation of the investment program, consistent with this Investment Policy. Such procedures shall include explicit delegation of authority to the individual(s) responsible for investment transactions. The primary individual who shall be involved in investment activities will be. the Treasury & Debt Manager. The Treasury & Debt Manager may delegate the day to day activities to a responsible individual(s) who has received the appropriate training required by state statute. The Assistant City Manager who oversees financial operations, as well as the Director of Finance are designated as the Investment Officers, pursuant to Tex Gov't. Code Sec. 2256.005(f). Accordingly, the Investment Officers and persons authorized to execute investment transactions shall attend at least one training session relating to their responsibilities under the Public Funds Investment Act within 12 months after assuming duties and receive no less than 10 hours of instruction relating to investment functions every two years. The training must include education in investment controls, security risks, Page 6 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 strategy risks, market risks, and compliance with the Public Funds Investment Act. The investment training session shall be provided by an independent source approved by the Investment Committee. For purposes of this policy, an "independent source" from which investment training shall be obtained shall include a professional organization, an institute of higher learning or any other sponsor other than a business organization with whom the City may engage in an investment transaction. Thus, these independent sources will be training sessions sponsored by the Government Treasurers Organization of Texas (GTOT), Center For Public Management at the University of North Texas (UNT), Government Finance Officers Association of Texas (GFOAT), Texas Municipal League (TML), North Central Texas Council of Governments (NCTCOG), Association of Public Treasurers United States & Canada (APT US & C), and Government Finance Officers' Association (GFOA). No persons may engage in investment transactions except as provided under the terms of this Policy. The Assistant City Manager shall require an annual compliance review by an external auditor that will consist of an audit of management controls on investments, adherence to the City's Investment Policy and a review of the quarterly investment reports. The reviews will provide internal control by assuring compliance with policies and procedures. The Assistant City Manager, Director of Finance, Mayor, City Council, City Manager and other Finance employees shall be personally indemnified in the event of investment loss provided the Investment Policy has been followed. B. Conflicts of Interest - All participants in the investment process shall seek to act responsibly as custodians of public assets. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the .investment program, or which could impair their ability to make impartial investment decisions. C. Disclosure - Anyone involved in investing City funds shall file with the Investment Committee a statement disclosing any personal business relationship with a business organization offering to engage in investment transactions with the City or is related within the second degree by affinity or consanguinity as determined under the Tex. Gov't. Code Ch. 573, to an individual seeking to transact investment business with the City. A disclosure statement must also be filed with the Texas Ethics Commission and the City Council. An Investment Officer or other employee has a personal business relationship with a business organization if any one of the following three conditions are met: 1. The Investment Officer or employee owns 10% or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization. 2. Funds received by the Investment Officer or employee from the business organization exceed 10% of the investment officers gross income for the prior year. 3. The Investment Officer or employee has acquired from the business organization during the prior year investments with a book value of $2,500 or more for their personal account. D. Prudence - The standard of prudence to be used by the investment officials shall be the "Prudent Person Rule", as set forth in Tex. Gov't. Code Sec. 2256.006 and will be applied in the context of managing an overall portfolio: "Investments shall be made with judgment and care under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of the person's own affairs, not for Page 7 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." Investment officials acting in accordance with the Investment Policy and exercising due diligence shall be relieved of personal responsibilities for an individual security's credit risk or market price change, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. In determining whether an investment official has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration the investment of all funds over which the official had responsibility rather than consideration as to the prudence of a single investment and, whether, the investment decision was consistent with the City's Investment Policy. E. Reporting Quarterly - Not less than quarterly, the Director of Finance shall submit to the City Manager, Mayor and City Council a written report of the City's investment transactions within one hundred twenty (120) days of the preceding reporting period. The report shall: 1) describe in detail the investment position of the City as of the end of the reporting period, 2) be prepared jointly by all Investment Officers, 3) be signed by each Investment Officer, 4) contain a summary statement, prepared in compliance with generally accepted accounting principles, of each pooled fund group including a) beginning market value for the reporting period; b) additions and changes to the market value during the period; c) ending market value for the period; and d) fully accrued interest for the reporting period, 5) state the book value and market value of each separately invested asset at the beginning and end of the reporting period by type of asset and fund type invested, 6) state the maturity date of each separately invested asset that has a maturity date, 7) state the account or fund or pooled fund group for which each individual investment was acquired, and 8) state the compliance of the investment portfolio as it relates to the investment strategy expressed in the Investment Policy and with relevant provisions of the Tex. Gov't. Code Ch. 2256. Annually - The City Council shall review and approve the Investment Policy and investment strategies at least annually and be documented by rule, order, ordinance or resolution which shall include any changes made. Compliance Audit - The City's external, independent auditor will conduct an annual review of the quarterly reports in conjunction with the annual financial audit. The results of the audit will be reported to City Council. The audit will also review compliance with management controls on investments and adherence to this Policy. F. The guidelines of retaining records for seven years as recommended in the Texas State Library Municipal Records Manual should be followed. The Director of Finance. shall oversee the filing and/or storing of investment records. G. Market prices for all public fund investments will be obtained and monitored through the use of Interactive Data Inc., an on-line data service or a similar qualified successor agency. Page 8 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 VII. SUITABLE AND AUTHORIZED INVESTMENT SECURITIES A. Active Portfolio Management - The City intends to pursue an active versus a passive investment management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. (Refer to Section VIII of this Policy.) In addition, the Investment Officers may at times restrict or prohibit the purchase of specific types of investments or issuers due to current market conditions. The City shall take all prudent measures consistent with this Investment Policy to liquidate an investment that no longer meets the required minimum rating standards, as per the Tex. Gov't. Code Sec. 2256.021. However, if it is determined by the Investment Committee that the City would benefit from holding the securities to maturity to recapture its initial investment then the Investment Officers may act accordingly. The City is not required to liquidate investments that were authorized investments at the time of purchase. (Tex Gov't. Code Sec. 2256.017) B. Authorized Investments - City funds governed by this Policy may be invested in the instruments described below, all of which are authorized by the Public Funds Investment Act. 1. Direct obligations of the United States of America, its agencies and instrumentalities (maturing in less than five (5) years). 2. Other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the United States of America (maturing in less than five (5) years). 3. Direct obligations of the State of Texas or its agencies thereof, Counties, Cities and other political subdivisions rated as to investment quality by a nationally recognized investment rating firm not less than AA or its equivalent (maturing in less than two (2) years). 4. Other obligations , the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the State of Texas, rated as to investment quality by a nationally recognized investment rating firm not less than AA or its equivalent (maturing in less than two (2) years). 5. Fully insured or collateralized certificates of deposit/share certificates issued by state and national banks or savings bank or a state or federal credit union (having its main or branch office in Texas) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; and secured by obligations in accordance with Section XII herein (maturing in less than two (2) years). In addition to the City's authority to invest funds in certificates of deposit and share certificates stated above, an investment in certificates of deposit made in accordance with the following conditions is an authorized investment under Tex. Govt. Code Sec. 2256.010 (b): (1) the funds are invested by the City through a depository institution that has its main office or a branch office in this state and that is selected by the City; (2) the depository institution selected by the City under Subdivision (1) arranges for Page 9 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE FlTLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located for the account of the City; (3) the full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; (4) the depository institution selected by the City under Subdivision (1) acts as custodian for the City with respect to the certificates of deposit issued for the account of the City; and (5) at the same time that the funds are deposited and the certificates of deposit are issued for the account of the City, the depository institution selected by the City under Subdivision (1) receives an amount of deposits from customers of other federally insured depository institutions, wherever located, that is equal to or greater than the amount of the funds invested by the City through the depository institution selected under Subdivision (1). 6. Fully collateralized repurchase agreements provided the City has on file a signed Master Repurchase Agreement, approved by the City Attorney, which details eligible collateral, collateral izations ratios, standards for collateral custody and control, collateral valuation, and conditions for agreement termination. The repurchase agreement must have a defined termination date and be secured by obligations in accordance with Section XII of this Policy. It is required that the securities purchased by the City be assigned to the City, held in the City's name and deposited at the time the investment is made with the City or with a third party selected and approved by the City. Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve or a financial institution doing business in this State (termination date must be thirty (30) days or less). An exception to the thirty day (30) days or less termination date may be made with respect to bond proceeds. The City may specifically authorize in the bond ordinance investments in repurchase agreements, such as a flexible repurchase agreement, with maturities in excess of 30 days subject to any required approvals from bond insurers. 7. Commercial paper that has a stated maturity of 270 days or less from the date of issuance and is rated A-1 or P-1 or an equivalent rating by at least two nationally recognized rating agencies. 8. Public (Local) Fund Investment Pools with a dollar weighted average maturity of 60 days or less. The pool must be approved (by resolution) by the City Council to provide services to the City. The pool must be continuously rated no lower than Aaa or AAAm or at an equivalent rating by at least one nationally recognized rating service. A public funds investment pool created to function as a money market mutual fund must mark to market daily and stabilize at a $1 net asset value. To be eligible to receive funds from and invest funds on behalf of the City, an investment pool must furnish to the Investment Officer or other authorized representative an offering circular or other similar disclosure instrument that contains information required by the Tex. Gov't. Code Sec. 2256.016. Investments will be made in a local government investment pool only after a thorough investigation of the pool and approval by the Investment Committee which shall at least annually review, revise and adopt the local government investment pool(s). 9. A Securities and Exchange Commission (SEC) registered, no load money market mutual fund which has a dollar weighted average stated maturity of 90 days or less and whose investment objectives includes the maintenance of a stable net asset value Page 10 of 15 POLIMADMINISTRATIVE PROCEDURE/ADNUMSTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 of $1 for each share. Furthermore, it must be rated not less than Aaa, AAAm or an equivalent rating by at least one nationally recognized rating service and the City must be provided with a prospectus and other information required by the SEC Act of 1934 or the Investment Company Act of 1940. Investments will be made in a money market mutual fund only after a thorough investigation of the fund and approval by the Investment Committee which shall, at least annually, review, revise and adopt the money market mutual fund(s). C. Prohibited Investments - The City's authorized investment options are more restrictive than those allowed by state law. Furthermore, this Policy specifically prohibits investment in the securities listed below: 1. Obligations, whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal. 2. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest. 3. All collateralized mortgage obligations. 4. Reverse repurchase agreements. D. Diversification - It is the policy of the City to diversify its investment portfolios. The diversification will protect interest income from the volatility of interest rates and the avoidance of undue concentration of assets in a specific maturity sector; therefore, portfolio maturities shall be staggered. In establishing specific diversification strategies, the following general policies and constraints shall apply: 1. Risk of market price volatility shall be controlled through maturity diversification and by controlling unacceptable maturity extensions and a mismatch of liabilities and assets. The maturity extension will be controlled by limiting the weighted average maturity of the internal investment pool portfolio to 550 days and the bond reserve fund to 650 days. All long-term maturities will be intended to cover long-term liabilities. In addition, at least five (5%) percent of the funds in the investment pool portfolio will be liquid at all times. Investment pool liquidity is defined as shares in a local government investment pool and/or a money market mutual fund. 2. The Investment Committee shall establish strategies and guidelines for the percentage of the total portfolio that may be invested in U.S. Treasury Securities, federal agencies/instrumentalities, repurchase agreements, and insured/collateralized certificates of deposit and other securities or obligations. The Investment Committee shall conduct a quarterly review of these guidelines, and shall evaluate the probability of market and default risk in various investment sectors as part of its considerations. 3. Risk of principal loss in the portfolio as a whole shall be minimized by diversifying investment types according to the following limitations: Page I 1 of 15 POLICY/ADM GSTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE F,TLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 Investment Tune % OfPortfblio • U.S. Treasury Notes/Bills 100% • U.S. Agencies & Instrumentalities 100% • State of Texas Obligations, Agencies & Local Gov't. 15% • Local Government Investment Pools 50% • Repurchase Agreements 20% • Certificates of Deposit (fully insured or collateralized) 35% • U.S. Money Market Mutual Fund 35% • Callable U.S. Agencies/Instrumentalities 20% • Commercial Paper 5% By Institution: Repurchase Agreements No more than 10% All Other No more than 35% 4. Purchases of securities with stated maturities greater than the maximum authorized under this section require prior City Council approval. VIII. SALE OF SECURITIES The City's policy is to hold all securities to maturity. However, securities may be sold to minimize the potential loss of principal on a security whose credit quality has declined, to swap into another security which would improve the quality, yield or target duration of the portfolio or to meet unanticipated liquidity needs of the portfolio. A horizon analysis is required for each swap proving benefit to the City before the trade decision is made, and will be held in the file for record keeping. IX. COMPETITIVE BIDDING It is the policy of the City to require competitive bidding for all individual security purchases and sales except for: A. Transactions with money market mutual funds and local government investment pools which are deemed to be made at prevailing market rates. B. Treasury and agency securities purchased as new issues through an approved broker/dealer, financial institution or investment advisor. C. Automatic overnight "sweep" transactions with the City's depository bank. At least three bids or offers must be solicited for all other transactions involving individual securities. The City's investment advisor is also required to solicit at least three bids or offers when transacting trades on the City's behalf. In situations where the exact security is not offered by other broker/dealers, offers on the closest comparable investment may be used to establish a fair market price for the security. The quotes may be accepted orally, in writing, electronically, or any combination of these methods. The Investment Committee may approve exceptions on a case by case basis or on a general basis in the form of guidelines. These guidelines shall take into consideration the investment type, maturity date, amount and potential disruptiveness to the City's investment strategy. Page 12 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 X. ARBITRAGE The Tax Reform Act of 1986 provided limitations restricting the City's investing of tax-exempt General Obligation Bond proceeds and debt service income. Revised arbitrage rebate provisions require that the City compute earnings on investment from each issue of bonds on an annual basis to determine if a rebate is required. To determine the City's arbitrage position, the City is required to perform specific calculations relative to the actual yield earned on the investment of the funds and the yield that could have been earned if the funds had been invested at a rate equal to the yield on the bonds sold by the City. The rebate provision states that periodically (not less than once every five years, and not later than sixty days after maturity of the bonds), the City is required to pay the U.S. Treasury a rebate of excess earnings based on the City's positive arbitrage position. The Tax Reform restrictions require precision in the monitoring and recording facets of investments as a whole, and particularly as they relate to yields and computations so as to insure compliance. Failure to comply may dictate that the bonds become taxable, retroactively from the date of issuance The City's investment position, relative to the revised arbitrage restrictions, is the continued pursuit of maximizing yield on applicable investments while ensuring the safety of capital and liquidity. It is fiscally prudent to continue the maximization of yield and rebate excess earnings, if necessary. XI. SELECTION OF BANKS, BROKER/DEALERS AND INVESTMENT ADVISORS A. Depository - City Council shall, by ordinance, "select and designate one or more banking institutions as the depository for the monies and funds of the City" in accordance with the requirement of Tex. Loc. Gov't. Code Ch. 105. At least every five years a depository shall be selected through the City's banking services procurement process, which shall include a formal request for proposal (RFP). The selection of a depository will be determined by competitive bid and evaluation of bids will be based on the following criteria: 1. Qualified as a depository for public funds in accordance with state and local laws. 2. Provided requested information or financial statements for the periods specified. 3. Complied with all requirements in the banking RFP. 4. Completed responses to all required items on the bid form. 5. Offered lowest net banking service cost, consistent with the ability to provide an appropriate level of service. 6. Met credit worthiness and financial standards. B. Investment Broker/Dealers - The Investment Committee shall be responsible for adopting the list of qualified brokers/dealers and financial institutions authorized to engage in investment transactions with the City. Authorized firms may include primary dealers or regional broker/dealers that qualify under SEC Rule 15C3-1 (uniform net capital rule) and qualified depositories as established by the Tex. Loc. Gov't. Code Ch. 105. The Investment Committee shall base its evaluation of security broker/dealers and financial institutions upon: 1. Financial condition, strength and capability to fulfill commitments. Page 13 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE F,TLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 2. Overall reputation with other broker/dealers or investors. 3. Regulatory status of the broker/dealer. 4. Background and expertise of the individual representatives. 5. Ability to provide additional advisory services. The Investment Committee must annually review the list of qualified broker/dealers authorized to engage in investment transactions with the City. Investment Officers, or their authorized representatives, shall not conduct business with any firm with whom public entities have sustained realized losses on investments or whose name the Investment Committee has removed from an approved list. C. Investment Advisor - The City may retain the services of an investment advisory firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to assist in the review of cash flow requirements, the formulation of investment strategies, and the execution of security purchases, sales and deliveries. The investment advisory contract with the City may not be for a term longer than two years and its renewal or extension must be approved by the City Council by ordinance or resolution as required by the Tex. Gov't. Code Sec.2256.003(b). D. Compliance - A qualified representative from any firm offering to engage in investment transactions with the City is required to sign a written instrument upon receiving and reviewing a copy of the City's Investment Policy. Investments shall only be made with those business organizations (including money market mutual funds and local government investment pools) which have provided the City with this written instrument executed by a qualified representative of the firm, acknowledging that the business organization has: 1. Received and reviewed the City's Investment Policy. 2. Implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the City and the organization that are not authorized by the City's Investment Policy, except to the extent that this authorization is dependent on an analysis of the makeup of the City's entire portfolio or requires an interpretation of subjective investment standards. 3. If the City has contracted with an investment advisor, the advisor shall be responsible for performing financial due diligence on the City's behalf. On an annual basis, the advisor will provide the City with a list of its authorized broker/dealers as well as the written instrument above. XII. COLLATERALIZATION, SAFEKEEPING AND CUSTODY A. Collateralization - The City requires that all uninsured collected balances plus accrued interest, if any, in depository accounts be secured in accordance with the requirements of state law. Financial institutions serving as City depositories will be required to sign a depository agreement with the City which details eligible collateral, col lateral ization ratios, standards for collateral custody and control, collateral valuation, rights of substitution and conditions for agreement termination. Page 14 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 The City requires that all securities purchased under the terms of a repurchase agreement be assigned to the City in accordance with state law. Dealers and financial institutions wishing to transact repurchase agreements with the City will be required to sign a Master Repurchase Agreement which details eligible collateral, co I lateral ization ratios, standards for collateral custody and control, collateral valuation, rights of substitution, and conditions for agreement termination. The City requires that all uninsured certificates of deposit plus accrued interest held with a depository be secured in accordance with the requirements of state law. Financial institutions will be required to sign a written depository and security agreement which stipulates eligible collateral, co I lateral ization ratios, standards for collateral custody and control, collateral valuation, rights of substitution, and conditions for agreement termination. Collateral will always be held by an independent third party with which the City has a current custodial agreement and shall be reviewed at least monthly to ensure that the market value of the pledged securities is adequate. All deposits and investments of City funds, other than direct security purchases, money market mutual funds and local government investment pools shall be secured by pledged collateral set at no less than 102 percent of the market value of the principal and accrued interest on the deposits or investments less an amount insured by FDIC. Eligible collateral to secure the City's deposits include: 1. Direct obligations of the United States government. 2. Other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the United States government. 3. Direct obligations of agencies or instrumentalities of the United States government, including letters of credit. The City will reject adjustable rate mortgages (ARMs), collateralized mortgage obligations (CMOs), Step-ups, variable rate instruments (except U.S. Treasury inflation protected securities), or securities that are not found on common pricing systems. B. Safekeeping and Custody - Safekeeping and custody of the City's investment securities shall be in accordance with state law. All security transactions, except local government investment pool and money market mutual fund transactions, shall be conducted on a delivery versus payment (DVP) basis. Investment securities will be held by a third party custodian designated by the City, and be required to issue safekeeping receipts clearly detailing that the securities are owned by the City. Safekeeping and custody of collateral shall be in accordance with state law. Collateral will be held by a third party custodian designated by the City, and pledged to the City as evidenced by safekeeping receipts from the institution holding the securities. C. Subject to Audit - All collateral shall be subject to inspection and audit by the Director of Finance, or designee, as well as the City's independent auditors. POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 15 of 15 TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 XIII. MANAGEMENT AND INTERNAL CONTROLS Controls shall be designed to prevent losses of public funds arising from fraud, employee error, and misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees or Investment Officers of the City. Controls and managerial emphasis deemed most important that shall be employed include the following: Imperative Controls - Custodian safekeeping receipts records management - Avoidance of bearer-form securities - Documentation of investment bidding events - Written confirmation of telephone transactions - Reconcilements and comparisons of security receipts with the investment records - Compliance with Investment Policy - Verification of all interest income and security purchase and sell computations Controls Where Practical - Control of Collusion - Separation of duties - Separation of transaction authority from Accounting and Record-keeping - Clear delegation of authority - Accurate and timely reports - Validation of investment maturity decisions with supporting cash flow data - Adequate training and development of Investment Officials - Review of financial conditions of all brokers/dealers, and depository institutions - Staying informed about market conditions, changes and trends that require adjustments to investment strategies. XIV. INVESTMENT POLICY ADOPTION The Investment Policy shall be formally approved and adopted by resolution of the City Council and reviewed annually in accordance with the provisions of the Public Funds Investment Act of the Texas Government Code Chapter 2256. RESOLUTION iT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON AUTHORIZING THE INVESTMENT OF PUBLIC FUNDS IN TEXAS SHORT TERM ASSET RESERVE PROGRAM ("TEXSTAR"), A TEXAS LOCAL GOVERNMENT INVESTMENT POOL; DELEGATING AUTHORITY TO INVEST FUNDS AND ACT AS CUSTODIAN OF INVESTMENTS PURCHASED WITH LOCAL INVESTMENT FUNDS TO TEXSTAR; PROVIDING FOR THE INVESTMENT OF PUBLIC FUNDS CONSISTENT WITH THE PUBLIC FUNDS INVESTMENT ACT AND THE CITY'S INVESTMENT POLICY; DESIGNATING AUTHORIZED REPRESENTATIVES; AUTHORIZING THE MAYOR TO EXECUTE THE APPLICATION FOR PARTICIPATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the governing body of the City of Denton ("Applicant") has duly authorized this application by adopting the following resolution at a meeting of such governing body duly called, noticed, and held in accordance with the Texas Open Meeting Law, chapter 551, Texas Government Code: and WHEREAS; it is in the best interest of the Applicant to invest its funds jointly with other Texas local governments in TexSTAR in order to better preserve and safeguard the principal and liquidity of such funds and to earn an acceptable yield; and WHEREAS, the Applicant is authorized to invest its public funds and fiends under its control in TexSTAR and to enter into the application for participation authorized herein; NOW, THEREFORE, THE COUNCIL'OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The form of application for participation in TexSTAR attached to this resolution is approved. The officers of Applicant specified in the application are authorized to execute and submit the application, to open accounts, to deposit and withdraw funds, to designate other authorized representatives, and to take all other action required or permitted by Applicant under the Agreement created by the application, all in the name and on behalf of Applicant. SECTION 2. This resolution will continue in full force and effect until amended or revoked by Applicant and written notice of the amendment or revocation is delivered to the TexSTAR Board. SECTION 3. Terms used in this resolution have the meanings given to them by the application. SECTION 4. Applicant agrees with other TexSTAR Participants and the TexSTAR Board to the Terms and Conditions of Participation in TexSTAR, effective on this date, which are incorporated herein by reference. Applicant makes the representations, designations, i• r delegations, and representations, designations, delegations, and representations described in the Terms and Conditions of Participation. Each of the following Applicant's officials is designated as Applicant's Authorized Representative authorized to give notices and instructions to the Board in accordance with the Agreement, the Bylaws, the Investment Policy, and the Operating Procedures: 1. Name: Randee Klingele Title: Treasury Services Specialist Phone/Fax/Email: (940) 349-8206 / (940) 349-7206 / randee.klingele(@cityofdenton.com Signature:" 2. Name: Antonio Puente, Jr. Title: Treasury & Revenue Anal Phone/Fax/Email: 949 349-728 9 0 349-7206 / antonio. uente c ,cit ofdenton.com Signature: / - L. 3. Name: Caroline Finley ~itle: Treasury & Debt Manager Phone/Fax/Email: 940 349-7743-1,(940) 349-7206 / caroline.finle c cit ofdenton.com Signature: 4. Name: Bryan Langley Title: Director of Finance Phone/Fax/Email: (940),349-8224 / (940)(3-4-'9-7206 / brvan.lanizley(@cityofdenton.com Signature: 5. Name: Jon Fortune Title: Assistant City Manager Phone/Fax/Email: 40 349-8535 / 940 349-7206 / ion. fortune cit ofdenton.com Signature: Uht~ -1 V The following Applica 's offc' listed above is designated as the Primary Contact and will receive all TexSTAR correspondence including transaction confirmations and monthly statements: Name: Randee Klingele Email: randee.klineele cbcitvofdenton.com The following Applicant official not listed above is designated as an Applicant Inquiry Only Representative authorized to obtain account information: Page 2 6. Name: N/A Title: N/A Phone/Fax/Email: Applicant may designate other authorized representatives by written instrument signed by an existing Applicant Authorized Representative or Applicant's chief executive officer. SECTION 5. This resolution shall become effective immediately upon its passage and approval. p~ ~j~ / PASSED AND APPROVED this the day of ~i6~/'(/ '2009. i 4A. Bb OUVAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AAUTO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 3 TexSTAR APPLICATION FOR PARTICIPATION IN TExSTAR The undersigned local government (Applicant) applies and agrees to become a Participant in the Texas Short Term Asset Reserve Program (TExSTAR). 1. Authorization. The governing body of Applicant has duly authorized this application by adopting the following resolution at a meeting of such governing body duly called, noticed, and held in accordance with the Texas Open Meeting Law, chapter 551, Texas Government Code, on November 3, 2009: WHEREAS, it is in the best interests of this governmental unit ("Applicant') to invest its funds jointly with other Texas local governments in the Texas Short Term Asset Reserve Program (TExSTAR) in order better to preserve and safeguard the principal and liquidity of such funds and to earn an acceptable yield; and WHEREAS, Applicant is authorized to invest its public funds and funds under its control in TExSTAR and to enter into the participation agreement authorized herein; Now, THEREFORE, BE IT RESOLVED THAT: SECTION 1. The form of application for participation in TExSTAR attached to this resolution is approved. The officers of Applicant specified in the application are authorized to execute and submit the application, to open accounts, to deposit and withdraw funds, to designate other authorized representatives, and to take all other action required or permitted by Applicant under the Agreement created by the application, all in the name and on behalf of Applicant. SECTION 2. This resolution will continue in full force and effect until amended or revoked by Applicant and written notice of the amendment or revocation is delivered to the TExSTAR Board. SECTION 3. Terms used in this resolution have the meanings given to them by the application." 2. Agreement. Applicant agrees with other TExSTAR Participants and the TExSTAR Board to the Terms and Conditions of Participation in TExSTAR, effective on this date, which are incorporated herein by reference. Applicant makes the representations, designations, delegations, and representations described in the Terms and Conditions of Participation. 3. Authorized Representatives. Each of the following Participant officials is designated as Participants Authorized Representative authorized to give notices and -instructions to the Board in accordance with the Agreement, the Bylaws, the Investment Policy, and the Operating Procedures: Name Signature Title Direct Phone Treasury Service Specialist 940-349-8206 Randee Klingele \J Antonio Puente, Jr. Revenue & Treasury Analyst 940-349-7283 i Caroline Finley I IX Treasury & Debt Manager 940-349-7743 x Bryan Langley Director of Finance 940-349-8224 Jon Fortune Assistant City Manager 940-349-8535 The following Participant official listed above is designated as the Primary Contact and will receive all TexSTAR correspondence including transaction confirmations and monthly statements [required]: Name E-mail address Randee Klingele randee.klingele(a)cityofdenton.com The following Participant official not listed above is designated as a Participant Inquiry Only Representative authorized to obtain account information [optional]: Name Signature Title N/A N/A N/A Applicant may designate other authorized representatives by written instrument signed by an existing Applicant Authorized Representative or Applicant's chief executive officer. 4. Taxpayer Identification Number. Applicant's taxpayer identification number is 75-6000514 5. Bank Information Sheet(s). The attached 1 Bank Information Sheet(s) is or are approved and incorporated herein by reference to establish account(s) in the name of Applicant. Dated this 3rd day of November, 2009 City of Denton, Texas / /A'pplicant) By: Q1 (Si "natu a of offici Mark A. Burroughs, Mayor (Printed name and title) Approved and accepted: TEXAS SHORT TERM ASSET RESERVE FUND By: FIRST SOUTHWEST ASSET MANAGEMENT, INC., Participant Services Administrator By: Date:............................. Authorized Signer exSTAq BANK. INFORMATION SHEET EFFECTIVE DATE: 11/03/2009 Please check all that apply. City of Denton Participant Name Add new account ❑ Wire and ACH' 215 E. McKinney St. Street Address ❑ Change Information 12VVre Only Attn: Finance Department, 215 E. McKinney St. Mailing Address ❑ ACH Only' Denton TX 76201 Denton City State Zip County Randee Klingele Location Series Fund Primary Representative Operating Account (940) 349-8206 (940) 349-7206 Account Name Phone Fax INSTRUCTIONS Bank Name: Wachovia/Wells Fargo Bank, N.A. Bank Address: 1000 Louisiana St. City: Houston State: TX Zip: 77002 Bank ABA No. (9 digits): 111025013 Bank Account No: 2000029861480 Bank Account Name: Control Concentration Bank Contact: Kay Thomas Brown Correspondent Bank (if any) Name/City: N/A Bank ABA No: N/A Account Name: N/A Account No: N/A CONFIRM THE INSTRUCTIONS FOR WIRE AND ACH TRANSFERS WITH YOUR LOCAL BANK. ACH INSTRUCTIONS MAY VARY FROM YOUR BANK'S WIRING INSTRUCTIONS IF THE LOCAL BANK IS NOT ON-LINE WITH THE FEDERAL RESERVE. IF ACH INSTRUCTIONS DIFFER FROM WIRING INSTRUCTIONS, PLEASE COMPLETE AN ADDITIONAL BANK INFORMATION SHEET. ' If ACH availability is selected, I hereby authorize JP Morgan Chase to directly deposit and withdraw funds by means of ACH electronic transfer to and from the financial institution and the account designated above ("Designated Account'). I agree that this authorization may be withdrawn with at least 45-days advance written notice to TexSTAR Participant Services. I understand that TexSTAR reserves the right to discontinue ACH electronic transfer without advance notice. I also authorize JP Morgan Chase to deduct from the Designated Account or from subsequent deposits made to the Designated Account all amounts deposited in error. Likewise, I authorize JP Morgan Chase to credit all amounts withdrawn in error to Designated Account. NOTE: This authorization must be executed by two current Authorized Representatives of the Participant as set forth in the duly enacted Resolution of the Participant which is on file with TexSTAR. As a 71~ A horized Rep ese ative, t certify that the above information is both true and correct. Bryan Langley Director of Finance Au ri ed Represe t e Signature Printed Name Title Date t~ v Jon Fortune Assistant City Manager Authori e I Repre rtative Signature Printed Name Title Date TexSTAR INFORMATION STATEMENT (CASH RESERVE FUND) The Premier Investment Service for Texas Local Governments . 1 1 1 Organization and Structure 1 Public Funds Investment Act Disclosure Items 1 Understanding Risks Associated with Investing in TExSTAR 4 Administration of TExSTAR 5 Participation in TExSTAR 8 Summary of Operating Procedures 8 No person.or entity has.been authorized to provide.or.communicate any information or to make. any-representations-other than those contained in this Information Statement, and, if given or made, such other information or representations must not be relied upon as having been authorized by TEXSTAR, its Board of Directors, the program administrators or any agent of the- foregoing. -The attachments -are- part of this Information Statement. The information contained in this document.is subject to change. without prior notice. If you have any questions regarding this material, please contact: TExSTAR Participant Services First Southwest Asset Management, Inc. 325 North St. Paul, Suite 800 Dallas, Texas 75201 www.texstar.org 1-800-TExSTAR (1-800-839-7827) • (214) 953-8890 • Fax (214) 953-8878 E:mail: texstar(c-Virstsw.com TexSTAF2_ il, Texas Short Term Asset Reserve Program ("TexSTAR") has been organized in conformity with the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, and the Public Funds Investment Act, Chapter 2256 of the Texas Government Code. These two acts provide for the creation of public funds investment pools (including TExSTAR) and authorize eligible governmental entities ("Participants") to invest their public funds and funds under their control through the investment pools. J. P. Morgan Investment Management, Inc. ("JPMIM") and First Southwest Asset Management, Inc. ("FSAM") serve as co-administrators for TEXSTAR under an agreement with the TexSTAR board of directors (the "Board"). JPMIM provides investment services, and FSAM provides participant services and marketing. Custodial, transfer agency, fund accounting and depository services are provided by JPMorgan Chase Bank and/or its subsidiary J.P. Morgan Investor Services Co. The Board may establish separate Funds within TEXSTAR from time to time. Participants choose the Funds in which their deposits are invested. Participants' assets in the Funds are represented by units of beneficial interest ("units"). The Board may issue an unlimited number of units in each Fund. _,This Information Statement provides information relating to investments in the TexSTAR Cash Reserve Fund ("the Fund"). Public Funds Investment Act Disclosure Items-, 'Section 2256.016 of the Public Funds Investment Act requires investment pools to provide :an information statement to the investment officer or other authorized representative of an 'investing entity. This section provides the required information for TExSTAR. 1. Objectives of TexSTAR. The primary objectives of TexSTAR are, in order of priority, preservation and protection of principal, maintenance of sufficient liquidity to meet Participants' needs, diversification to avoid unreasonable or avoidable risks, and yield. There is no sales charge and no investment minimum. TEXSTAR will invest only in instruments authorized under both the Public Funds Investment Act and the current TEXSTAR Investment Policy. Note Item 2 of this section for a description of authorized TEXSTAR investments. After consideration of safety and liquidity, the TexSTAR Fund will be directed toward achieving a competitive rate of return for Participants. Every effort will be made to .minimize market and credit risk through investment diversification. So that TexSTAR is considered a "2a7-like pool" under Governmental Accounting Standards Statement No. 31, TexSTAR will operate in a manner consistent with Rule 2a-7 under the Investment Company Act of 1940, as amended. 2. Types of Investments Authorized for TexSTAR Cash Reserve Fund. The investment policies and composition guidelines for the TEXSTAR Cash Reserve Fund are summarized below. The TexSTAR Investment Policy restricts investment of the Cash Reserve Fund portfolio as follows: I TexSTAR, _ Authorized Investments: A. Obligations of or guaranteed or insured by the United States Government or its agencies and instrumentalities with a maximum final stated maturity limited to 397 days for fixed rate securities and 24 months for variable rate notes; B. Fully collateralized repurchase agreements and reverse repurchase agreements with a defined termination date not to exceed 95 calendar days unless the repurchase agreement has a put option that allows the fund to liquidate the position at par (principal plus accrued interest) with no more than 7 days notice to the counterparty and secured by any obligation of the United States or its agencies or its instrumentalities. The repurchase and reverse repurchase agreements must be placed with primary government securities dealers and/or state or national banks doing business in the State of Texas. Prohibited Investments: The TExSTAR Cash Reserve Fund will not invest in: A. Derivatives, which include instruments which have embedded features that alter their character or income stream or allow holders to hedge or speculate on a market or spreads between markets that are external to the issuer or are not correlated on a one-on-one basis to the associated index or market. 0tl B. Commercial paper. C. Certificates of deposit. D. Money market mutual funds Diversification Guidelines: Specific Fund diversification limitations govern investments of the TExSTAR Cash Reserve Fund portfolio, applied as the time of purchase. A. 100% of the Fund may be invested in obligations of the United States or its agencies or instrumentalities. B. 100% of the Fund may be invested in direct repurchase agreements. Not more than 25% of the Fund may be invested in term repurchase agreements. C. Reverse repurchase agreements will be used primarily to enhance Fund return and may not total more than one-third (1/3) of the total Fund assets. D. A maximum of 60 percent (60%) of the Fund may be invested in approved variable rate notes. 3. Maximum Average Dollar-Weighted Maturity. The dollar weighted average maturity of the TExSTAR Cash Reserve Fund portfolio may not exceed sixty (60) 2 TexSTAR low days calculated in accordance with SEC Rule 2a-7 or ninety (90) days based on the stated maturity of Fund investments. 4. Maximum Stated Maturity Date. The maximum stated maturity for any obligation of the United States its agencies or instrumentalities in the TEXSTAR Cash Reserve Fund portfolio is limited to 397 days for fixed rate securities and 24 months for variable rate notes. 5. Size of the Pool. The current size of the TexSTAR Cash Reserve Fund is provided in the TEXSTAR monthly newsletter or is available by contacting TEXSTAR Participant Services at 1-800-TEXSTAR (1-800-839-7827). A copy of the most recent newsletter may be obtained in connection with and in addition to this Information Statement. 6. TEXSTAR Advisory Board. Section 2256.016(8)(1) of the Public Funds Investment Act requires TEXSTAR to establish and maintain an advisory board composed of Participants in TEXSTAR and other persons who do not have a business relationship with TEXSTAR. Members are appointed and serve at the will of the Board. The names of the Advisory Board members are listed in the TEXSTAR newsletter. 7. Custodian for TEXSTAR. JPMorgan Chase Bank serves as custodian to TEXSTAR. The custodian will receive and disburse all Participant deposits and withdrawals, settle .all Fund trades, safekeep securities, and collect all income or any other payments due in connection with purchased securities for TEXSTAR. 8. Net Asset Value. The TEXSTAR Cash Reserve Fund seeks to maintain a net asset value of $1.00 per unit and is designed to be used by Participants for investment of funds that require daily liquidity availability. 9. Source of Payment. The only source of payment to Participants is the market value of the assets of the TEXSTAR Fund in which they invest and the income and profits derived from those assets. There is no secondary source of payment such as insurance or guarantees. 10. Independent Auditor. TEXSTAR is subject to annual review by an independent auditor consistent with the Public Funds Investment Act. PricewaterhouseCoopers LLP has been retained to provide independent auditing services for TEXSTAR. Its address is 1100 Louisiana, Houston, Texas 77002. 11. Operating Procedures. Deposits and withdrawals may be made by wire transfer or automated clearinghouse (ACH) transfer according to established operating procedures. The requirements for TEXSTAR deposits and withdrawals, deadlines, and other operating procedures are summarized under the section entitled "Summary of Operating Procedures" later in this Information Statement. 12. Performance History. The performance history, including yield, weighted average maturity, expense ratios and average balance for the TEXSTAR Cash Reserve Fund are available as a supplement to this Information Statement. 13. Administrator/Investment Manager. J. P. Morgan Investment Management, Inc. (JPMIM) serves as investment manager, and First Southwest Asset Management, 3 TexSTAR_ IJ Inc. (FSAM) serves as customer services and marketing agent, for TEXSTAR. JPMIM is an asset management subsidiary of JPMorgan Chase & Co., a leading global financial services company and is one of the largest asset managers worldwide. FSAM is the investment services affiliate of First Southwest Company. Founded in 1946, Texas based-First Southwest Company is consistently ranked as one of the nation's leading providers of financial advisory and underwriting services and maintains a dominating presence in the Southwest and Texas.. FSAM and JPMIM have extensive experience with the administration and investment management of local government investment pools. They provide administrative and investment services to the Board under a contract that may be extended periodically to a term of two years or less. They may be replaced by the Board either for cause or by affiliates or upon resignation, or by an affiliate of the co-administrator, or with the approval of Participants owning two-thirds of the units in TEXSTAR. JPMorgan Chase Bank, the TExSTAR custodian, is the principal banking affiliate of JPMorgan Chase & Co. Understanding the Risks • with Investing in T~x "TA Before making an investment decision, each Participant should consider a minimum of two types of risks in determining whether any investment, including TEXSTAR, is appropriate: • Credit Risk. Credit risk is the possibility that the issuer of a security will fail to make timely payments of interest or principal. In general, the lower the credit quality of a security, the higher the yield and the higher the element of credit risk, all other factors.being equal. In an attempt to minimize credit risk, the TEXSTAR investment policy allows investment-of the TEXSTAR Cash Reserve Fund-only in the obligations described above. The-credit risk associated with investments in direct obligations of the United States is considered minimal by most authoritative sources. Obligations issued or guaranteed by many Federal agencies or government-sponsored enterprises are not direct obligations of the United States and offer.more varied credit risk. Noting that the United States government is not obligated to provide support or guarantees to its instrumentalities, TExSTAR's investment manager will invest in obligations issued by an agency or instrumentality only after conducting appropriate credit risk analysis and believing that any credit risk with respect to the issuer is minimal. TExSTAR's investment manager will also invest in repurchase agreements and reverse repurchase agreements documented by a Master Repurchase Agreement in form approved by The Securities Industry and Financial Market Association ("SIFMA")and collateralized by obligations of the United States and its agencies and instrumentalities or other obligations the principal of and interest on which are unconditionally guaranteed or insured'by the United States. Repurchase agreement and reverse repurchase agreement transactions will be placed with an approved primary government securities dealers or state or national banks doing business in the State of Texas, and proceeds received under reverse repurchase agreements will be reinvested in securities with the same maturity as the term of the reverse agreement. 4 TexSTAR_ J___1 • Market Risk. Market risk is the potential for a decline in market value generally due to, but not limited exclusively to, rising interest rates. For example, a bond or other security issued or backed by the United States government is guaranteed only as to the timely payment of interest and principal; its market price on any given day is not guaranteed and will fluctuate in value as market perceptions, market conditions and interest rates change. In general, the market value of a bond varies inversely with interest rates. If interest rates rise, then market values fall. If interest rates fall, then market values rise. Also, the volatility and related market values typically fluctuate more for longer-term securities than for shorter-term securities. Restrictions on dollar weighted average maturity and maximum stated maturity for the Fund are used in an attempt to minimize certain market risks. TexSTAR's investment manager will maintain the dollar weighted average maturity of the Fund at sixty (60) days or less, and the maximum stated maturity for any obligation of the United States its agencies or instrumentalities in the TexSTAR Cash Reserve Fund portfolio is limited to 397 days for fixed rate securities and 24 months for variable rate notes. TexSTAR will seek to maintain a stable $1.00 net asset value per unit, and immediate action must be taken if the net asset value of the units of any Fund falls below $0.995 or rises above $1.005. These limitations are designed to minimize market risk. It must be noted that the value of the TexSTAR Cash Reserve Fund portfolio is dependent on timely receipt of principal and interest payments from the issuers of the respective investment securities. Any delays or failures in receipt of payments can and will have detrimental effects on the value of the Fund's portfolio and may cause loss of principal and interest to any Participant. • TexSTAR Board. By executing and submitting an application to open an account, a Participant designates the Board as its agent for investing deposited funds. The Board holds legal title to all money, investments, and assets and has the authority to employ personnel, contract for services, and engage in other administrative activities necessary or convenient to accomplish the objectives of TExSTAR. The business and affairs of TEXSTAR are managed by the Board in accordance with its bylaws (the "Bylaws"). The Bylaws set forth procedures governing the selection of, and action taken by, the Board. Board oversight of TexSTAR is maintained through daily, weekly, and monthly reporting requirements. The Bylaws provide for a five-member Board consisting of three representatives of Participants and one member designated by each of the co-administrators. Board members serve for staggered three-year terms. Replacement Board members (other than the co-administrator representatives) are appointed by the Board and may be replaced by directors elected by the Participants in accordance with the Bylaws. Board members serve without compensation but are entitled to reimbursement of reasonable out-of-pocket expenses incurred in the performance of Board duties. The names, terms, and affiliations of Board members are listed in the TexSTAR newsletter. • Investment Management. TExSTAR's Board has adopted (and will review and revise at least annually) a list of brokers that are authorized to engage in investment 5 TexSTAR_ % transactions with TEXSTAR. Before a broker may be added to the list, a qualified representative of the broker must certify that the broker has read the TexSTAR Investment Policy and has implemented reasonable procedures and controls to preclude investment transactions conducted between the broker and TEXSTAR that are not authorized by the TEXSTAR Investment Policy, other than by reason of portfolio-wide diversification requirements or subjective standards. The investment manager may dispose of securities without regard to the time they have been held when such actions, for defensive or other Fund management reasons, appear advisable. Investments may be sold by one Fund to another Fund at prevailing market prices.. All securities purchased on behalf of TexSTAR must be delivered versus payment to the custodian bank for TexSTAR. All book entry securities, whether purchased outright or under repurchase agreements, shall be held in a separate custodial account at the Federal Reserve Bank in the name of TexSTAR. All securities not held in book entry form shall be held by the Custodian or its agent. Third party institutions must issue original safekeeping receipts to the Custodian. The Custodian shall keep accurate records reflecting TexSTAR's ownership of the securities. Money market fund accounts must be in the name of TexSTAR. • Ratings. In compliance with Section 2256.016(h) of the Public Funds Investment Act, TexSTAR will operate to maintain a AAA, AAA-m or equivalent rating for the Cash Reserve Fund from at least one nationally recognized rating agency. TEXSTAR is currently rated AAAm by Standard and Poor's. An explanation of the significance of such rating may be obtained from Standard & Poor's at 1221 Avenue of the Americas, New York, New York 10020. TEXSTAR will notify Participants of any change to its rating. • Calculation of Yields and Net Asset Value. Each day, TEXSTAR determines the net interest income for each Fund for that day. The net interest income is determined by adjusting TExSTAR's accrued interest for that day by the amortization of any premiums and/or the accretion of any discounts, daily service fee, and any gains or losses from the sale of securities. TExSTAR's daily interest rate will be determined by dividing the net interest income for that day by the total balance (including all cash and securities) available for investment of the applicable Fund for that day. The resulting rate will then be used to determine the amount of interest income to distribute to each Participant's account. Interest income accrued during the month is credited to each Participant's account at the end of the month and is reinvested unless the Participant provides specific instructions for its withdrawal or transfer. • Valuation of TexSTAR Assets. All investments are stated at amortized cost, which usually approximates the market value of the securities. The stated objective of TEXSTAR is to maintain a stable average $1.00 per unit net asset value; however, the $1.00 net asset value is not guaranteed or insured by TEXSTAR, its Board, the i co-administrators, their agents, or any governmental or other entity. All TEXSTAR securities will be marked to market on a daily basis. If the ratio of the market value of a Fund portfolio divided by the book value of the portfolio is less than 0.995 or greater than 1.005, TEXSTAR will liquidate investments in the portfolio as required to maintain the ratio between 0.995 and 1.005. All gains or losses from the sale of 6 TexSTAR_ S- securities will be distributed among Participants in the applicable Fund on a pro rata basis over a period of up to 30 days from the date the gain or loss is realized. If a Fund is dissolved, earnings may be withheld after notice of dissolution, as needed to provide for Fund liabilities. • Ethics and Conflicts of Interest. The co-administrators' staff must refrain from personal business activity that conflicts with the proper execution and management of the investment program or that could impair their ability to make impartial decisions. TExSTAR may purchase investments from the co-administrators or their affiliates only on terms and conditions approved by a majority of the Participant members of the Board. The co-administrators must implement policies and procedures to comply with these restrictions. Agents, advisors and contractors providing services in connection with the custody, management and investment of public funds under a contract with TExSTAR must at all times avoid any actual or apparent conflict of interest with respect to the custody, management and investment of public funds, subject to the foregoing. As stated in the TExSTAR Investment Policy, a conflict of interest refers to any situation in which the Board determines, at its sole discretion, that the duties of the agent, advisor or contractor under its contract with TExSTAR are or may become inconsistent with the interests or other duties of the agent, advisor or contractor. Fees and Expenses. In return for contracted service, TExSTAR has agreed to pay service fees to the co-administrators and custodian totaling twelve (12) basis points per year, calculated daily on the total fund balances. The co-administrators may (but are not obligated to) waive all or a portion of their fees from time to time. The service fees cover all normal services provided to the Board by the co-administrators and custodian. Additional expenses required to attain TExSTAR objectives and conduct on-going operations will be incurred by TExSTAR. These include expenses for independent auditors, legal representation, liability insurance, board meeting attendance, and ratings. The TExSTAR service fee and other expenses are deducted from the gross interest earnings daily and charged monthly. There is no direct reduction to the Participant's principal account related to the payment of fees and expenses, but only the remaining net income after deduction of the applicable fees and expenses is credited to the Participant's account. All TExSTAR rates are quoted net of fees and expenses. There are no hidden costs or additional reductions to Participants' accounts. In the event a Fund does not earn adequate interest income and profits to cover allocable expenses and fees for a given month or period, the deficit will be carried over to future months or periods when adequate income and profits have been received. • Liability. TExSTAR directors and officers will not be liable for (and TExSTAR earnings may be applied to indemnify them against) loss and liability that may arise from or in connection with any of their acts or omissions, including acts and omissions caused by their negligence, to the extent permitted by law. 7 TexSTAR Participation in TEXSTAR Participation in TExSTAR is limited to eligible governmental entities that have authorized, executed, and submitted an application to participate in TUSTAR. • Eligibility to Invest. Only eligible local governments and agencies of the State of Texas may become Participants. Eligible local governments include any municipality, school district, county, special district, junior college district, or other legally constituted political subdivision of the State or a combination of political subdivisions (e.g., a combination by means of an interlocal agreement). Eligible state agencies include: (a) a department, board, bureau, commission, court, office, authority, council or institution of the state, (b) a university, college, or any service or part of a state institution of higher education, and (c) a statewide job or employment training program for disadvantaged youths that is substantially financed by federal funds and was created by execution order not later than December 30, 1986. Each state agency must have authority under state law to invest its funds in the Pool and in investments authorized by the Public Funds Investment Act. • Establishment of Accounts. To participate in TExSTAR, an eligible local government or state agency must duly authorize, complete, execute, and submit an application for participation. By executing and submitting an application, a Participant agrees to the terms and conditions governing TExSTAR as well as its Bylaws, Investment Policy, and Operating Procedures. Application forms (including forms of authorizing resolutions) may be obtained from TExSTAR Participant Services. In their applications, Participants must designate authorized representatives who have authority to transfer funds for investment, to withdraw funds, to issue- letters of instructions, and to take all other actions necessary or -appropriate for the investment of funds in TExSTAR. A Participant must also provide .a separate bank information sheet for each account and sub-account, signed by two authorized, Participant representatives unless otherwise permitted by the Operating Procedures. The Operating Procedures describe in detail the procedures required for the establishment of account(s), deposits to and withdrawals from TExSTAR, and related information. A copy of the Operating Procedures may be obtained from TExSTAR Participant Services. • Amendments. The Board may amend the TExSTAR terms and conditions, Bylaws, Investment Policy, and Operating Procedures. It must give Participants at least 30 days advance notice of each amendment. Participants are deemed to have accepted the amendments unless they withdraw from TExSTAR before the amendments are effective. Surrimary • Operating Procedures Deposits to and withdrawals from TExSTAR may be made by wire transfer or automated clearinghouse (ACH) transfer according to established operating procedures. Excerpts from the current Operating Procedures are provided below. • Wire Transfers. Wire transfer transactions will be executed on the same day as initiated. TExSTAR must be notified via automated means (i.e., by voice response 8 TexSTAR_ II-, unit, TEXSTAR on-line direct dial modem, or TEXSTAR internet access) by 4:00 p.m. central time (or by both voice and facsimile to a Participant Services Representative by 3:00 p.m. central time) for all wire transfer activity, and incoming deposits must be received by 4:00 p.m. central time, to earn interest for that day. In addition, wire transfer deposits received after 4:00 p.m. central time for which TEXSTAR has not received a corresponding subscription transaction by the applicable deadline will not be invested until the following business day. Outgoing wire transfers from TEXSTAR requested by 10:30 a.m. are typically sent between 12:00 noon and 12:30 p.m. central time. Some delay may occur, depending on unforeseen circumstances, including, but not limited to, delays or failures unrelated to TEXSTAR. TEXSTAR reserves the right to suspend the right of withdrawal or to postpone the date of payment in the event that the Federal Reserve is closed other than for customary weekend and holiday closings, in the event of a general suspension of trading in any securities market which affects TEXSTAR operations, or if, in the opinion of the Board, an emergency exists so that the disposal of TExSTAR's securities or determination of its net asset value is not reasonably practical. TEXSTAR will process deposits and withdrawal requests only on the days the Federal Reserve is open for business. TEXSTAR may also be closed or have limited trading hours on any Friday preceding or Monday following a weekend, which includes a national holiday provided that notice has been given to Participants at least 30 days prior to such a day, or whenever The Bond Market Association recommends that markets for fixed income securities close. • Automated Clearing House ("ACH") Transfers. ACH transactions will be executed on the business day following the date the transaction was initiated. TEXSTAR must be notified by 3:30 p.m. central time by automated means (or by both voice and facsimile to a Participant Services Representative by 3:00 p.m. central time) for all ACH transfer activity, one day prior to the actual settlement of the funds. ACH transfer withdrawals are sent in accordance with the prearranged Participant information as provided on the bank information sheet corresponding to that specific TEXSTAR account or subaccount. In the event of an ACH rejection, TEXSTAR will contact the Participant to confirm the rejection. TEXSTAR will credit/debit the Participant's account accordingly. • Methods of Notification. Participants may notify TExSTAR of wire transfer or ACH activity by: a. Voice Response Unit (VRU) touch-tone telephone system; b. TExSTAR internet access system; or c Verbal notification to a TEXSTAR Participant Services representative followed by a fax confirmation. • Reports. A Participant's monthly statement will be mailed within the first five (5) business days of the respective succeeding month. The monthly statement will include a detailed listing of the balance in the Participant's accounts as of the date of the statement; all account activity for the previous month, including deposits and withdrawals; daily and monthly yield information; and any special fees and expenses 9 TexSTAR , charged to the Participant. Additionally, copies of the Participant's reports will be maintained and made available for a minimum of three prior TexSTAR fiscal years in either physical or electronic form. A complete copy of the TexSTAR Operating Procedures may be obtained by contacting TexSTAR Participant Services. The TexSTAR Information Statement should be read careful before investing. Investors should consider the investment objectives, risks, charges and expenses associated with this or any security prior to investing. Investments in TexSTAR are not insured or guaranteed by the Federal Deposit Insurance Corporation (FDIC) or any other government agency and although TexSTAR seeks to preserve the value of the investment at a fixed price, it is possible to lose money by investing in the fund. For further information, contact TexSTAR Participant Services at (800) 839-7827. April 2009 10 TexSTAR TERMS OF PARTICIPATION AND BYLAWS The Premier Investment Service for Texas Local Governments TERMS AND CONDITIONS OF PARTICIPATION By making application to open an account in TExSTAR, Participants agree to the following terms and conditions and make the following representations and delegations. 1. TexSTAR. 1.1 Creation. The initial Participants have created TExSTAR as an investment pool to provide for the joint investment of Participants' public funds and funds under their control. TExSTAR was created under the authority of applicable Texas law, including the Cooperation Act and the Investment Act. 1.2 Name. The name of TExSTAR is the "Texas Short Term Asset Reserve Program," but it may do business as TExSTAR. 1.3 Governance. The business and affairs of TExSTAR will be managed by the Board. The Board is the governing body of TExSTAR. The Board will have full power to act in the name of TExSTAR or its own name. The Board may exercise all powers of the governing bodies of the Participants in respect of the investment of Participant funds deposited to TExSTAR. The Board will supervise performance of the Participants' Agreement. The Board may appoint officers and delegate powers of the Board to the officers in accordance with the Investment Act and the Bylaws. Members of the Board will be selected, and the Board may act, as provided in the Bylaws. 1.4 Advisory Board. The Board shall appoint an Advisory Board. The Advisory Board will consist of representatives of Participants and of other persons who do not have a business relationship with TExSTAR and are qualified to advise the Board. 1.5 Bylaws. The Board will adopt (and act in accordance with) the Bylaws. 1.6 Dissolution. The Board may dissolve TExSTAR and terminate the Agreement as provided in the Bylaws on not less than 30 days advance written notice to the Participants and the approval of Participants owning at least two-thirds of the units in TExSTAR. 2. PARTICIPANTS. 2.1 Agreement and Representations. By executing and submitting an application for an account in TExSTAR, each applicant (1) agrees with the Board and each other Participant to the terms and conditions of (and delegates to the Board all powers described in) the Agreement, the Bylaws, the Investment Policy, and the Operating Procedures, and (2) represents that (a) the applicant is eligible to become a Participant (and to invest its funds through TExSTAR) in accordance with the Agreement, the Cooperative Act, and the Investment Act, (b) the Participant's governing body has duly authorized execution of the application and investment through TExSTAR by rule, order, ordinance, or resolution, as appropriate, and (c) the Participant has duly executed and delivered the application. 1 2.2 Withdrawal. A Participant. may terminate its status as a Participant and its rights and obligations under the Agreement by providing written notice of termination to the Board in accordance with the Operating Procedures and withdrawing its account balance in full. Absent notice of termination, withdrawal of a Participant's account balance in full will not terminate its rights as a Participant. 3. INVESTMENTS AND OPERATIONS. 3.1 Objectives. The Board will invest TEXSTAR assets in accordance with the following investment objectives, stated in order of priority: (1) preservation and safety of principal, (2) liquidity, and (3) yield. The Board will seek to obtain and maintain a TEXSTAR credit rating no lower than AAA, AAA-m, or the equivalent by at least one nationally recognized rating agency, unless otherwise permitted by the Investment Act and the Investment Policy. 3.2 Policies. The Board will adopt an Investment Policy and Operating Procedures. The Board will review and revise or readopt the Investment Policy annually. Participants will make deposits to and withdrawals from the Funds and the Board will accept, hold, invest, and remit Participant funds in each Fund, in accordance with the Investment Policy and the Operating Procedures. 3.2.1 Investment Policy. The Investment Policy will be written, will primarily emphasize safety of principal and liquidity in accordance with the TEXSTAR investment objectives, will address investment diversification, yield, and maturity and the quality and capability of investment management, and will include a list of the types of authorized investments in which each Fund within TEXSTAR may be invested, the maximum allowable stated maturity of any individual investment owned through TEXSTAR, the maximum dollar-weighted average maturity of investments allowed for each Fund, and methods to monitor the market price of investments acquired by TEXSTAR. The Investment Policy will authorize investment only in investments authorized by the Investment Act for the investment of Participant funds, but need not require liquidation of investments that cease to be authorized after purchase. Each investment strategy will use the following priorities in the order of importance stated: (1) understanding the suitability of the investment to the financial requirements of TEXSTAR, (2) preservation and safety of principal, (3) liquidity, (4) marketability of the investment, (5) diversification of the investment portfolio, and (6) yield. Each Participant accepts and adopts the Investment Policy as its investment policy for the funds it deposits with TEXSTAR. 3.2.2 Operating Procedures. The Operating Procedures will be written and will establish procedures for (and any conditions to) becoming a Participant, opening accounts, depositing funds, crediting earnings, charging expenses, and withdrawing funds. 3.3 Investment Officers. The Board will designate one or more investment officers to be responsible for the investment of funds through TEXSTAR consistent with the Investment Policy. Investment officers for TEXSTAR will be the investment officers of Participants or their funds invested in TEXSTAR. TEXSTAR investment officers will exercise the judgment and care, under prevailing circumstances, that a prudent person would exercise in the management of the person's own affairs. As fiduciaries of TEXSTAR, the Board will retain ultimate responsibility for investments. 2 3.4 Standard of Care. Investments will be made with the judgment and care that, under prevailing circumstances, a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. 3.5 Compliance. The Board will have performed an independent annual audit of its financial statements and, in connection with the audit, a compliance audit of management controls on investments and of adherence to the Investment Policy. 3.6 Ownership and Custody. Participants delegate to the Board the authority to hold legal title (as custodian) to investments purchased with their funds deposited through TexSTAR. The Board may engage a bank or trust company to act as its custodian for investments and its depository for temporarily uninvested funds. Participants' funds in TexSTAR may be commingled, but will be separately accounted for. Participants will own an undivided beneficial interest in the investments and temporarily uninvested funds in each Fund in which it has deposited funds, in shares determined in accordance with the Investment Policy and the Operating Procedures. 3.7 Expenses. The Board may assess expenses of operating TexSTAR against each Participant's share of earnings from the investment of TexSTAR assets in accordance with the Investment Policy and the Operating Procedures. 3.8 Information Statement and Reports. The Board will prepare and periodically update or supplement an information statement containing the information specified in Section 2256.016(b) of the Investment Act. The Board will provide a copy of each update or supplement to each Participant. The Board will furnish to each Participant's investment officer (1) confirmations of the Participant's investments in and withdrawals from each Fund and (2) a monthly report containing the information specified in Section 2256.016(c) of the Investment Act. i i 4. DEFINITIONS. IN THESE TERMS AND CONDITIONS FOR PARTICIPATION AND THE AGREEMENT: 4.1 "Agreement" means the agreement among the Participants (and with the Board) that is created by the Participants' authorization, execution, and submission of an application for an account in TexSTAR. The agreement consists of (1) the applications of all Participants who have not withdrawn as a Participant in TexSTAR in accordance with the Operating Procedures and (2) these Terms and Conditions of Participation. 4.2 "Board" means the board of directors of TexSTAR duly elected or appointed, qualified, and incumbent in accordance with the Bylaws. I 4.3 "Bylaws" means the Bylaws for TexSTAR provided to the initial Participants, as amended from time to time in accordance with the terms of the Agreement and the Bylaws. 4.4 "Cooperation Act" means Chapter 791, Texas Government Code, as amended from j time to time. 3 4.5 "Fund" means a separate portfolio of investments created by the Board for Participant funds with a different investment objective or strategy or authorized investments (or available to different categories of Participants) than other funds in TexSTAR, as specified in the Investment Policy or the Operating Procedures. 4.6 "Investment Act" means Chapter 2256, Texas Government Code, as amended. 4.7 "Investment Policy" means the Investment Policy for TexSTAR furnished to the initial Participants, as amended by the Board from time to time in accordance with the Agreement and the Bylaws. 4.8 "Operating Procedures" means the Operating Procedures for TexSTAR furnished to the initial Participants, as amended by the Board from time to time in accordance with the Agreement and the Bylaws. 4.9 "Participant" means a municipality, a county, a school district, a district or authority created under article 3, section 52(b) or article 16, section 59 of the Texas Constitution, a hospital district, a state agency (as defined under Sections 771.002 and 2256.002, Texas Government Code), or any other corporate and political entity organized under Texas law that has duly authorized, completed, executed, and submitted an application for an account in TexSTAR in accordance with the Operating Procedures (incorporating these Terms and Conditions of Participation by reference) and has not terminated its participation in TexSTAR in accordance with the Operating Procedures. The "initial Participants" are the Participants as of April 3, 2002. 4.10 "TexSTAR" means the Texas Short Term Asset Reserve Program, a joint investment pool created by the Agreement. - 5: MISCELLANEOUS. 5.1 Notices. Notices to a Participant may be given in accordance with the Operating Procedures to the address and the attention of the person specified in the Participant's account application, as amended or supplemented from time to time in writing delivered to the Board. Notices to the Board will be given as specified in the Operating Procedures. 5.2 Liability. The Participants and TexSTAR release the directors and officers of TexSTAR from liability for and (from and to the extent of TexSTAR earnings in the current year) indemnify them against all loss and liability that may arise from or in connection with any of their acts or omissions, including acts and omissions caused by their negligence, as provided in the Bylaws, to the extent permitted by law. 5.3 Severability. If any provision or application of the Agreement is invalid, illegal, or unenforceable, the validity, legality, and enforceability of the other provisions and applications of the Agreement will not be impaired or otherwise affected. 5.4 Benefits of Agreement. The Agreement is for the sole benefit of the Participants, the Board, and its officers and is not intended to create a legal right, remedy, or claim in favor of any other person. 4 5.5 Governing Law. The Agreement is governed by and to be construed in accordance with the laws of the State of Texas. 5.6 Term. The Agreement will have an initial term extending from the date of execution and submission of an account application by the second initial Participant through March 31, 2003. The Agreement will be automatically renewed for an additional one-year term beginning each April 1, except with respect to any Participant that withdrew as a Participant in accordance with the Operating Procedures before the renewal term. 5.7 Amendments. The Agreement, Bylaws, Investment Policy, and Operating Procedures may be amended by the Board from time to time. The Board will provide at least 30 days advance written notice of amendments to each Participant. Participants agree to the terms of amendments unless they withdraw as a Participant before the effective date of the amendment. 5 BYLAWS ARTICLE I GENERAL ORGANIZATION SECTION 1.1. Organization. By authorizing, executing, and submitting applications for participation that incorporate by reference Terms and Conditions for Participation in TExSTAR, eligible local governments and agencies of the State of Texas have agreed jointly to invest public funds and funds under their control as a public funds investment pool ("TExSTAR") and delegated their authority to invest the funds to a TExSTAR board of directors (the "Board"). The applications and incorporated terms and conditions are referred to herein as the "Agreement." Eligible local governments and agencies that are parties to the Agreement are referred to herein as "Participants." Other terms used herein have the meanings assigned to them by the Agreement. These bylaws provide for the composition and authority of the Board. SECTION 1.2. Name. The name of the investment pools created by the Agreement is the Texas Short Term Asset Reserve Program, which may do business as "TExSTAR." SECTION 1.3. Offices. The chief administrative office of the Board shall be located in Dallas, Texas. The Board may also have offices at such other places within the State of Texas as the Board may from time to time determine or the business of the Board may require. ARTICLE 11 DIRECTORS SECTION 2.1. Directors. The number of directors which shall constitute the Board shall be five. Three directors shall be officers or employees of Participants (or, prior to July 1, 2002, prospective Participants). One director shall be an officer or employee of the company providing Participant service and marketing to the Board (the "Participant Services Administrator") or of an affiliate. One director shall be an officer or employee of the company providing investment management services to the Board (the "Investment Administrator") or an affiliate. The initial directors comprising the Board, their affiliations, and the dates their terms expire are as follows: 6 Name Affiliation Term Ends William Chapman Central Texas Regional Mobility Authority April, 2011 Nell Lange City of Frisco April, 2012 Melinda Garrett Houston Independent School District April, 2010 Michael G. Bartolotta First Southwest Company April, 2011 Will Williams JPMorgan Chase Bank April, 2011 SECTION 2.2. Terms. The term of office of directors (other than the initial term of the initial directors) shall be three years. Each director not otherwise removed or replaced shall hold office until his or her successor shall be elected or appointed and qualified. SECTION 2.3. Vacancies. Any vacancy occurring in the Board may be filled by a majority of the remaining directors, even if they constitute less than a quorum of the Board, except that (1) a vacancy in a position filled by an officer or employee of the Participant Services Administrator or the Investment Administrator or affiliate shall be filled by appointment of the Participant Services Administrator or the Investment Administrator, respectively, and (2) the person appointed to fill a vacancy in any other position may be replaced by vote of the Participants as described in this Section. A director elected to fill a vacancy shall be elected for the unexpired term of his or her predecessor in office. The death, declination, resignation, retirement, removal, incapacity, or inability of the directors, or any of them, shall not operate to annul TEXSTAR or the Board or to revoke any existing agency created pursuant to the terms of the Agreement. The Board shall give notice to the Participants of each appointment of a director to the Participants within 45 days after the appointment. Participants may nominate one or more candidates to replace any director appointed by the Board by written instrument delivered to the Board. If, within 30 days after the Board gives notice of the appointment, the Board receives one or more nominations signed by Participants owning at least 25% of the units in TUSTAR as of the end of the month preceding the month in which the appointment is made (the "record date"), the Board shall promptly conduct an election for a replacement director by written ballots mailed to the Participants. The ballots shall include the names of the director appointed by the Board and the candidates nominated by Participants owning at least 25% of the units in TEXSTAR as of the record date. The candidate receiving the most votes on ballots completed, signed, and returned by Participants within 30 days after the ballots are mailed, weighted by units owned by such Participants as of the record date, shall be elected to fill the unexpired term of the director appointed by the Board. SECTION 2.4. Removal. The Board may remove any director if (a) the director was an official or employee of a Participant when he or she became a director and the director ceases to be an elected or appointed official or employee of a Participant, either because he or she no longer serves the Participant or the Participant withdraws from participation in TUSTAR, (b) the director files personal bankruptcy or is adjudicated incompetent, or (c) the director has no business relationship with the Board. A director who was an officer or employee of the Participant 7 Services Administrator or the Investment Administrator when he or she became a director may be removed with or without cause by the Participant Services Administrator or the Investment Administrator, respectively. SECTION 2.5. Advisory Board. The Board shall appoint an advisory board (the "Advisory Board") for TEXSTAR pursuant to the Investment Act. The Advisory Board may consist of any number of persons designated by the Board and may include members of the Board. All members of the Advisory Board shall be either (1) a representative of a Participant or (2) a person who has no business relationship with the Board but who is qualified to advise the Board, and the Advisory Board shall at all times include at least one member of each such description. The Advisory Board shall have such duties as may be delegated to it by the Board. The Board shall fix the terms of (and may remove) members of the Advisory Board. ARTICLE III MEETINGS OF THE BOARD SECTION 3.1. Location. Meetings of the Board, regular or special, shall be held within the State of Texas or such other location as,,may be determined by the Board and permitted by applicable law. SECTION 3.2. Regular Meetings. Regular meetings of the Board may be held upon such notice, at such time, and at such place as shall from time to time be determined by the Board, subject to applicable law. SECTION 3.3. Special Meetings. Special meetings of the Board may be called by the President and shall be called by the Secretary on the written request of two directors. Notice of each special meeting of the Board shall be given to each director at least 72 hours before the date of the meeting or as otherwise required by applicable law, except that emergency meetings may be held as provided by applicable law. SECTION 3.4. Waiver of Notice. Attendance of a director at any meeting shall constitute a waiver of notice of such meeting, except where a director attends for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened. Except as otherwise provided by law or by the Agreement, neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board need be specified in the notice or waiver of notice of such meeting. SECTION 3.5. Quorum. With respect to any issue, a majority of the directors shall constitute a quorum and the act of a majority of the directors present when there is a quorum shall be the act of the Board. 8 SECTION 3.6. Open Meetings. Board meetings and Advisory Board meetings shall be held in compliance with the Open Meetings Act, chapter 551, Texas Government Code. Notices of meetings shall be posted at the Dallas County Courthouse, the chief administrative office of the Board, and the office of the Secretary of State. SECTION 3.7. Committees. The Board may from time to time appoint one or more committees of directors, including an executive committee, which shall have and may exercise such powers as the Board may specify in the resolutions appointing them. A majority of all the members of any such committee may take action and fix the time and place of its meetings, unless the Board shall otherwise provide. The Board may change the members or authority of or discharge any such committee at any time. SECTION 3.8. Expenses. The directors and members of the Advisory Board shall receive no compensation, but shall be paid their reasonable expenses, if any, of attendance at each meeting of the Board. Per diems and expenses paid to any director by a Participant for such director's service on the Board shall be considered an expense of the Board and shall be paid from TExSTAR earnings upon proper invoice. ARTICLE IV NOTICES SECTION 4.1. Notices. Any notice to directors shall be in writing and shall be delivered personally or mailed to the directors at their respective addresses appearing on the record books of the Board. Notice by mail shall be deemed to be given at the time when the same shall be deposited in the United States mail, postage prepaid. Notice to directors may also be given by telegram or telecopy. SECTION 4.2. Waivers. Whenever any notice is required to be given under the provisions of the statutes or of these Bylaws, a waiver of notice in writing signed by the person or persons entitled to the notice, whether before or after the time stated in the waiver, shall be deemed equivalent to giving the notice. ARTICLE V OFFICERS SECTION 5.1. General. The officers of the Board shall consist of a president, one or more vice presidents, a secretary, a treasurer, one or more assistant secretaries and assistant treasurers, and an investment officer or officers. Officers of the Board shall be elected by the Board. Two or more offices may be held by the same person, except the offices of president and secretary- 9 SECTION 5.2. Agents. The Board may appoint such agents as it shall deem necessary or convenient. Agents of the Board shall hold their offices for such terms and shall have such authority, exercise such powers, and perform such duties as shall be determined from time to time by the Board consistent with these Bylaws. SECTION 5.3. President. The president shall preside at all meetings of the Board and shall have such other powers and duties as may from time to time be prescribed by the Board. SECTION 5.4. Vice President. During the absence or disability of the president, the vice presidents in the order of their seniority, unless otherwise determined by the Board, shall perform the duties and may exercise the powers of the president. The vice presidents shall also perform such other duties and have such other authority and powers as the Board may from time to time prescribe. SECTION 5.5. Secretary. The Secretary shall attend all meetings of the Board, record (or cause to be recorded) all of the proceedings of the meetings in a minute book to be kept for that purpose, and perform like duties for the standing committees when required. The secretary shall give, or cause to be given, notice of all meetings of the Board and shall perform such other duties and have such other powers as may be prescribed by the Board or, consistent with these Bylaws, the president. The secretary shall keep in safe custody the seal of the Board, if any, and, when authorized by the Board, shall affix the same to any instrument requiring it and, when so affixed, attest the same by his or her signature. SECTION 5.6. Assistant Secretaries. During the absence or disability of the secretary, the assistant secretaries in the order of their seniority, unless otherwise determined by the Board, shall perform the duties and may exercise the powers of the secretary. They shall also perform such other duties and have such other powers as the Board may from time to time prescribe. SECTION 5.7. Treasurer and Assistant Treasurers; Investment Officer. The treasurer and any assistant treasurers and the investment officer shall perform such duties and have such powers as the Board may from time to time prescribe or as may otherwise be established by applicable law. ARTICLE VI GENERAL PROVISIONS SECTION 6.1. Disbursements. Withdrawals of funds invested through TEXSTAR, distributions of earnings from investments, and all payments for investments shall be made in accordance with the Investment Policy and the Operating Procedures. All other checks drawn by and other authorizations for 10 fund withdrawals from TEXSTAR shall be signed-by such officer or officers or such other person or persons as the Board may from time to time designate. SECTION 6.2. Fiscal Year. The fiscal year of TExSTAR and the Board shall be from April 1 to March 31. SECTION 6.3. Seal. The Board's seal shall be.in such form as may be prescribed by the Board. The seal may be used by causing it or a facsimile thereof to be impressed, affixed, or in any manner reproduced. SECTION 6.4. Books and Records. i The Board shall keep correct and complete books and records of account, minutes of the proceedings of the Board, and a record of the Participants (and their addresses and the number and class of the units held by each) at its registered office or principal place of business or at the office of its transfer agent or registrar. ARTICLE VII INVESTMENT MANAGEMENT AND ADMINISTRATION Section 7.1 Professional Management. The Board shall contract with one or more experienced persons for account administration, investment management, and custodial services required by TEXSTAR. Contracts for such services shall not exceed two years in duration. SECTION 7.2 Engagement of Service Providers. The Board initially shall engage JPMorgan Fleming Asset Management (USA), Inc. as Investment Administrator to provide investment management services, First Southwest Asset Management, Inc. as Participant Services Administrator to provide participant services and marketing, and JPMorgan Chase Bank to provide custodial services. Any person subsequently engaged to provide such services to the Board shall be approved by Participants owning two- thirds of the units in TEXSTAR, unless such person is an affiliate of a person previously engaged to provide the same service and except that the Board may engage temporary services without Participant approval if any existing service provider resigns or becomes insolvent or unable to perform its duties or is removed for cause in accordance with the provisions of its contract. ARTICLE VIII INDEMNIFICATION AND RELEASE OF DIRECTORS AND OFFICERS SECTION 8.1. Indemnification. A. Indemnification. Subject to the exceptions and limitations contained in Subsection B below: 11 I _ (1) every person who is, or has been, a director or officer of the Board (hereinafter referred to as a "Covered Person"), whether or not the Covered Person has been alleged to have been negligent in the exercise of the duties of his office, shall be indemnified to the fullest extent permitted by law against liability and against all expenses reasonably incurred or paid by the Covered Person in connection with any claim, action, suit, or proceeding in which he or she becomes involved as a party or otherwise by virtue of being or having been a director or officer and against amounts paid or incurred by the Covered Person in the settlement thereof; and (2) the words "claim", "action", "suit", and "proceeding" shall apply to all claims, actions, suits, or proceedings (civil, criminal, or other,- including appeals), actual or threatened, while in office or thereafter, and the words "liability' and "expenses"' shall include, without limitation, attorneys' fees, costs, judgments, amounts paid in settlement, fines, penalties, and other liabilities. B. Limitations. No indemnification shall be provided hereunder to a Covered Person: (1) • who shall have been adjudicated by a court or body before which the proceeding was brought to be liable to the Board, TExSTAR, or the Participants by reason of fraud, willful misfeasance, or bad faith; or (2) in the event of a settlement, unless there has been a determination that the Covered Person did not engage in fraud, willful misfeasance, or bad faith, (a) by the court or other body approving the settlement; _ (b) by at least a majority of those directors who are not parties to the matter, based upon review of readily available facts (as opposed to full trial-type inquiry); or (c) by written opinion of independent legal counsel based upon a review of readily available facts (as opposed to a full trial-type inquiry). C. Miscellaneous. The rights of indemnification herein provided may be insured against by policies maintained by the Board, shall be severable, shall not be exclusive of or affect any other rights to which any Covered Person may now or hereafter be entitled, shall continue as to a person who has ceased to be a director or officer, and shall inure to the benefit of the heirs, executors, and administrators of the Covered Person. Nothing contained herein shall affect any rights to indemnification to which TExSTAR personnel, other than directors and officers, and other persons may be entitled by contract dr otherwise under law. D. Expenses of Defense. Expenses in connection with the preparation and presentation of a defense to any claim, action, suit or proceeding of the character described in Subsection A of this Section may be paid as an expense of the applicable portfolio from time to time prior to final disposition thereof upon receipt of an undertaking by or on behalf of the Covered Person that such amount will be paid over by him to the applicable portfolio if it is ultimately determined that he is not entitled to indemnification under this Section; provided, however, that either (i) the Covered Person shall have provided appropriate security for such undertaking, (ii) the Board is insured against losses arising out of any such advance payments, or (iii) either a majority of the directors who are not parties to the matter, or independent legal 12 counsel in a written opinion, shall have determined, based upon a review of readily available facts (as opposed to a trial-type inquiry or full investigation), that there is reason to believe that the Covered Person will be found entitled to indemnification under this Section. E. Right to Defend. Subject to applicable law, the Board may, and if requested in writing by a Covered Person shall, undertake the defense of any claim, action, or proceeding in connection with the matters set forth in Subsections A through D for which the Covered Person is indemnified under this Section, and thereafter the Board shall not be liable to the Covered Person for any costs of counsel or other expenses other than reasonable costs subsequently incurred by the Covered Person at the request of the Board in connection with the defense thereof, unless (1) the employment of such counsel has been specifically authorized in writing by the Board, (2) the Board has failed after request to assume the defense and to employ counsel, or (3) the named parties to any such action (including impleaded parties) include both a Covered Person and the Board and the Covered Person shall have been advised by counsel that there may be one or more legal defenses available to it which are different from or additional to those available to the Board (in which case, if the Covered Person notifies the Board in writing that it elects to employ separate counsel at the expense of the Board, the Board shall not have the right to assume the defense of the action on behalf of the Covered Person; provided that if the Board has insured against losses pursuant to Subsection D and the insurer proceeds to defend the Covered Person pursuant to the policy of insurance, then the Board shall have no further duty to indemnify costs of defense or defend the Covered Person pursuant to this Section. SECTION 8.2. Limitation of Liability. The directors and officers of the Board are governmental officials and shall enjoy the same immunities from liability and suit as are enjoyed by officers of the Participants. Provided they have acted in good faith under the belief that their actions are in the best interest of TEXSTAR, the directors and officers of the Board shall not be responsible for or liable in any event for neglect or wrongdoing by them or any officer, agent, employee, or investment advisor of TEXSTAR, but nothing contained herein shall protect any director against any liability to which he or she would otherwise be subject by reason of fraud, willful misfeasance, or bad faith. The directors may take advice of counsel or other experts and shall be under no liability for any act or omission in accordance with such advice. The directors shall not be required to give any bond as such, nor any surety if a bond is obtained. SECTION 8.3. Liability Insurance. The Board may obtain general liability and errors and omissions insurance for the protection of the Board and others in the operation and conduct of TExSTAR in such amounts as the Board deems adequate to cover foreseeable tort and contract liability. Premiums for such insurance shall be paid by the Board as an expense of TEXSTAR. ARTICLE IX DISSOLUTION SECTION 9.1. Dissolution. The Board may dissolve any Fund, or may dissolve TEXSTAR in whole and terminate the Agreement, on not less than 30 days notice to the Participants, provided that the Board 13 v J , makes provision for all liabilities and obligations of the Fund or of the Board and TExSTAR, respectively, and, in the case of dissolution of TExSTAR, Participants owning two-thirds of the units in TExSTAR approve the dissolution.. After voting to dissolve and making provision for all liabilities and obligations of a Fund or of the Board and TExSTAR, the Board shall disburse all of the assets of the Fund or TExSTAR, respectively, to the Participants in proportion to their units in the Fund or TExSTAR, respectively. After giving notice of dissolution of a Fund or TExSTAR, the Board may withhold distributions of earnings from the Fund or TExSTAR, respectively, in such amounts as it deems advisable to make provision for its liabilities and obligations. ARTICLE X AMENDMENTS SECTION 10.1. Amendments. These Bylaws may be altered, amended, or repealed or new Bylaws may be adopted by a majority of the whole Board at any regular or special meeting. No amendment, alteration, repeal, or replacement shall be effective until 30 days after notice of the same is given to the Participants and, in the case of any amendment or repeal of Section 7.2 hereof or permitting dissolution of TUSTAR without the approval of Participants owning two-thirds of the units in TUSTAR, until approved by Participants owning two-thirds of the units in TExSTAR. :s April 2009 14 RESOLUTION \\codad\departments\leeaRour documents\resolutions\09\beaujolais alcohol sell.doc RESOLUTION NO. - A RESOLUTION ALLOWING THE DENTON COMMUNITY THEATRE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE BEAUJOLAIS ON NOVEMBER 19, 2009, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Civic Center; and WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center pursuant to City of Denton Code, §22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Beaujolais; and WHEREAS, 'the Denton Community Theatre has requested that they be the sole participant allowed to distribute/sell alcoholic beverages at this year's Beaujolais on November 19,2009; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Denton Community Theatre shall be the sole participant allowed to distribute/sell alcoholic beverages at the Beaujolais on November 19, 2009 at the Civic Center upon the following conditions: 1. They shall be responsible to obtain the temporary license and permit for distributing/selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the distribution/sale of alcoholic beverages; 3. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00; 4. They agree to indemnify the City of Denton against any liability incident to the distributing/selling of alcoholic beverages at the Beaujolais. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this Resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. \\codad\departments\leeal\our documents\resolutions\09\beaujolais alcohol sell.doc PASSED AND APPROVED this the day of 2009. MARK A. BURR U S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY LA V APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: r Page 2 of 2 cAdocuments and settings\ 10828 1 Vocal settings\temporary internet files\contentoutlook\kiznfiot\beaujolais 2009alcohol contmet.doc CIVIC CENTER AGREEMENT FOR DENTON COMMUNITY THEATRE BEAUJOLAIS EVENT STATE OF TEXAS § COUNTY OF DENTON § This Agreement, made this ,-~eday of 2009, by and between the City of Denton, a municipal corporation, hereinafte referred to as the "CITY" and DENTON COMMUNITY THEATRE. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to DENTON COMMUNITY THEATRE the exclusive privilege to distribute/sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the BEAUJOLAIS on NOVEMBER 19, 2009 to be held at the Civic Center. This privilege does not extend beyond the date of the BEAUJOLAIS- for the year 2009. ARTICLE 2 SCOPE OF SERVICES DENTON COMMUNITY THEATRE in order to exercise the privilege to distribute/sell alcoholic beverages must perform the following: A. DENTON COMMUNITY THEATRE shall be solely responsible for the rental and payment for any booth space necessary for the distribution/sale of alcoholic beverages at the BEAUJOLAIS. B. DENTON COMMUNITY THEATRE shall be solely responsible to obtain any temporary license and permit necessary for the distribution/sale of alcoholic beverages at the BEAUJOLAIS. C. DENTON COMMUNITY THEATRE shall be solely responsible for the obtaining and paying for any security necessary for their distribution/sale of alcoholic beverages at the BEAUJOLAIS. DENTON COMMUNITY THEATRE'S failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of distributing/selling alcoholic beverages at the BEAUJOLAIS. ARTICLE 3 LOCAL RULES AND REGULATION DENTON COMMUNITY THEATRE agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Denton Civic Center Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. DENTON COMMUNITY THEATRE shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the distribution/sale of alcoholic beverages. DENTON COMMUNITY THEATRE will exercise reasonable care and due diligence in their distribution/sale of alcoholic beverages at the BEAUJOLAIS. ARTICLE 4 INDEMNITY AGREEMENT DENTON COMMUNITY THEATRE shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of DENTON COMMUNITY THEATRE or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE During the performance of the Agreement, DENTON COMMUNITY THEATRE shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less that $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Liquor/Dram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City-owned property where alcohol will be provided or served. Beaujolais - Page 2 C. DENTON COMMUNITY THEATRE shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY and DENTON COMMUNITY THEATRE. In such event, DENTON COMMUNITY THEATRE shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To DENTON COMMUNITY THEATRE: To CITY: DENTON COMMUNITY THEATRE CITY OF DENTON: Mike Barrow, Managing Director City Manager 214 W. Hickory 215 E. McKinney Denton, TX 76201 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and no exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. Beaujolais - Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, DENTON COMMUNITY THEATRE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL DENTON COMMUNITY THEATRE represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILM DENTON COMMUNITY THEATRE shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS A. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. B. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Beaujolais - Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and DENTON COMMUNITY THEA/~has executed this A eement through its duly authorized undersigned officer on this the ; _ day of 2009. CITY OF DENTON, TEXAS c~- GEORG C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 17' 100~ DENTON COMMUNITY THEATRE MIKE BARROW, MANAGING DIR. WITNESS: BY: Beaujolais - Page 5 RESOLUTION S:\Our Documents\Resolutions\09\Appraisal Review Board 2009.doc RESOLUTION NO. 1 A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for various Appraisal Review Board members of the Denton Central Appraisal District will expire on December 31, 2009; and WHEREAS, the City of Denton, Texas wishes to nominate members to said Board, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton, Texas, hereby nominates John Duffy, Linda Franklin, Jackie Carpenter, Ira D. Weinstein, Bernard J. Gillett, Jimmy Ray, John H. Morris, and Rishiyur K. Mohan as members to the Appraisal Review Board of the Denton Central Appraisal District. SECTION 2. This Resolution shall become effective immediately upon its passage and approval.. PASSED AND APPROVED this the day of 2009. .9 MARK A\JBURRO Tlj~, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B C APPR HD O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: \ \M RESOLUTION RESOLUTION NO. ~~DD9 03~ A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND COUNCIL COMMITTEES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City Council hereby adopts the City of Denton Handbook for Boards, Commissions, and Council Committees, a copy of which is attached hereto. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. ARK A. BbRk HS, MAYOR ATTEST: 'JENNIFEWWALTERS, CITY SECRETARY BY: APP VEDA TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 1 BY: : Lf-52 S:10w D-cMslRm1uGme091=dbwk.dm CITY OF DENTON HANDBOOK for BOARDS, COMMISSIONS, and COUNCIL COMMITTEES -0 000 0001, A 000 g 9 1, 0 (o~ ~ryw^ ~0 qsy' VSJ ¢ r'"Pw V ry Vp 0000000000000000 Prepared November 2009 RESOLUTION NO. ~~DD9 03~ A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND COUNCIL COMMITTEES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City Council hereby adopts the City of Denton Handbook for Boards, Commissions, and Council Committees, a copy of which is attached hereto. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of '2009. ARK A. B HS, MAYOR ATTEST: 'JENNIFEWWALTERS, CITY SECRETARY BY: APP VEDA TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 1 BY: S:10w D-croslRmludms`~Ldm l r f ~ I_ ~ ~ i r I i ~ ~ TABLE OF CONTENTS Introduction ....................................................................................................................7 Denton 's Approach to City Government ...................................................................9 Policies Affecting Service ............................................................................................11 Attendance .................................................................................................................11 Service Limitations ....................................................................................................12 Termination of Appointment ..................................................................................12 Minutes of Meetings and Attendance Records .....................................................12 Advisors, Subcommittees, and Ad-Hoc Committees ..........................................12 Overview of Legal Responsibility .............................................................................13 Sample Forms ...............................................................................................................15 Statement of Elected/ Appointed Officer ..............................................................15 Oath of Office .............................................................................................................16 Election of Officers .......................................................................................................17 Conflicts of Interest ......................................................................................................19 Chapter 171 Conflict .................................................................................................19 Incompatibility of Office ..........................................................................................20 Appearance of Conflict ............................................................................................20 Chapter 176 Conflicts Disclosure ............................................................................21 Compliance with Texas Open Meetings Law ..........................................................23 Open Government Training ....................................................................................23 Texas Open Meetings Act ..........................................................................................25 What Constitutes a Meeting? ..................................................................................25 Notice ..........................................................................................................................26 Open Sessions ............................................................................................................27 Closed Meetings ........................................................................................................28 Records of Meetings .................................................................................................30 Penalties and Remedies for Violations of the Act ................................................30 Conclusion .................................................................................................................31 3 Procedures for Conducting a Meeting .....................................................................33 Role of the Chairperson and the Agenda ..............................................................33 Rules of Thumb .........................................................................................................33 Procedural Rules of Order .......................................................................................34 What is a Quorum? ...................................................................................................35 Summary ....................................................................................................................35 Guidelines & Rules of Procedure ...............................................................................37 Creation ......................................................................................................................37 Appointments ............................................................................................................37 Purpose .......................................................................................................................38 Structure .....................................................................................................................38 Additional Guidelines & Procedures for Citv Council Committees .................38 Minutes .......................................................................................................................39 Boards, Commissions, & Council Committees ........................................................41 Judicial or Quasi-Judicial Boards ............................................................................41 Civil Service Commission ...............................................................................41 Construction Advisory and Appeals Board .................................................41 Denton Housing Authority Board .................................................................42 Historic Landmark Commission ...................................................................42 Planning & Zoning Commission ...................................................................42 Zoning Board of Adjustment .........................................................................43 Advisorv Boards ........................................................................................................44 Airport Advisory Board ..................................................................................44 Animal Shelter Advisory Committee ............................................................44 Community Development Advisorv Committee ........................................44 Economic Development Partnership Board .................................................45 Human Services Advisorv Committee .........................................................45 Library Board ....................................................................................................45 Parks, Recreation & Beautification Board .....................................................46 Public Art Committee ......................................................................................46 Public Utilities Board .......................................................................................46 Traffic Safety Commission ..............................................................................47 Citv Council Committees .........................................................................................48 Agenda Committee ..........................................................................................48 Audit/ Finance Committee .............................................................................48 Council Appointee Performance Review Committee ................................48 Committee on the Environment ....................................................................49 Council Ethics Committee ..............................................................................49 Hotel Occupancy Tax Committee ..................................................................49 Council Mobility Committee ..........................................................................50 Local and Regional Committees .............................................................................51 4 Community Justice Council ............................................................................51 Convention & Visitors Bureau .......................................................................51 Dallas Regional Mobility Committee ............................................................51 Denton Committee on People with Disabilities ..........................................52 Lake Ray Roberts Planning & Zoning Commission ...................................52 Regional Transportation Council ..................................................................52 Tarrant Regional Transportation Coalition ..................................................53 Texas Municipal Power Agency Board of Directors ...................................53 Appendix Appendix i - Code of Ordinances Chapter 2, Art. III §2-61 to 2-84 ......................................................................55 Appendix ii - Resolution No. R2006-003 Code of Ethics ...................................................................................................59 Appendix iii - Ordinance #2009-174 Amending Chapter 2, Art. II §2-29 of the Code of Ordinances ..............................................................................63 Appendix iv - Committee Resolution No. R2009-015 .........................................77 Audit/Finance Committee City Council Appointee Performance Review Committee Committee on the Environment Ethics Committee Hotel Occupancy Tax (HOT) Committee Mobility Committee 5 l r f ~ I_ ~ ~ i r I i ~ ~ 6 INTRODUCTION Congratulations on your recent appointment to one of our City's boards, commissions or City Council committees. Discussion in the handbook applies to all City Council appointed citizen boards and commissions and all City Council committees unless stated otherwise. Throughout the document, reference to "boards" should be interpreted to mean "commissions and committees" as well, unless otherwise stated. As the City of Denton continues to grow, so does the need for citizen advice and assistance. This need has led to a growth in the number and importance of citizen boards at City Hall. The City could not function without the outstanding advice, expertise, and time provided by individuals like you who volunteer to serve. The City's boards link the City Council and staff to the citizens of Denton and help keep our city government vital, responsive, and accountable. The basic duty of each board is to apply City policy as expressed in the City Charter, its Code of Ordinances, and through Council directives to individual circumstances and issues placed before the board. Should a policy or directive require clarification, the board should request such from the Council. The handbook is designed to assist you in your service. It consolidates provisions of the City Charter, Code of Ordinances, and other regulations into one place to assist you as a board member. It will provide a general introduction to topics and processes that directly affect members of boards. Keep in mind, not all the provisions will apply equally to every board. In cases of legal liability, for example, members of some boards may be more susceptible than members of other boards. The staff liaison assigned to your board will be able to provide you with more information on the specific duties and responsibilities of the particular board and its members. While no one document could adequately cover all aspects of serving on a board, the handbook has been designed as a basic reference point from which a board member can build an extensive knowledge of his/her responsibilities to the citizenry of Denton. The handbook has been adopted by resolution of the City Council and will be updated from time to time. If any provision of the handbook is in conflict with any Code or Ordinance of the City, then such Code or Ordinance shall prevail. The City Secretary's staff and the City Attorney's staff are available as resources to all boards. Any requests for assistance should be coordinated through the staff liaison assigned to the board on which you serve. Thank you for your interest in serving your community. Your efforts will make Denton a better place to live and work. 7 l r f ~ I_ ~ ~ i r I i ~ ~ DENTON'S APPROACH TO CITY GOVERNMENT The basic operating document of the City of Denton is the City Charter. The Charter determines the form of municipal government, the composition and powers of the City Council, and contains the basic legal framework necessary for a city to function. Denton 's home-rule Charter was adopted on February 24, 1959, and has been modified since then from time to time by the voters. The Charter provides for the operation of municipal functions under the council-manager form of government. Under the council-manager plan, the citizens of Denton elect a City Council, comprised of a mayor and six (6) members. The City Council members are elected with residency requirements for all members. Four Council members are elected from one of four single member districts. The Mayor and two other Council members are elected at- large. The Mayor and each Council member serve two-year terms with a consecutive three full term limit. The Mayor's responsibilities include presiding over Council meetings, serving as ceremonial head of the City, and signing certain official documents. The City Council has all the powers of a home-rule municipal government under state law for which they are accountable to the citizens of Denton. The Council exercises power by determining policy, adopting the budget and employing a City Manager who is held accountable for the administration and direction of the municipality. The Council also appoints the City Attorney, City Auditor, and Municipal Court Judge. The council-manager plan under which Denton functions is consciously designed to concentrate policy-making with the Council and to separate policy and legislation from administration. As a board member, most of your contact will be with the staff liaison for your board. Board members and staff liaisons must be aware of the duties and responsibilities of the board and help it to fulfill its mandate to the citizens of Denton. 9 l r 10 POLICIES AFFECTING SERVICE ATTENDANCE? You, as an interested and informed citizen, are essential to effective local government. Because your viewpoint is so valuable to the City Council members, they take your appointment, attendance and involvement on a board very seriously and ask that you do also. The Council is aware that board members have careers and other responsibilities that demand their time. However, because of the importance the Council places on citizen boards, they ask that each new board member make every effort to attend all meetings of the board. In addition, the Council asks each board member to notify the staff liaison of their board in advance if they will be unable to attend a board meeting. Per §2-83(c) of the Code of Ordinances of the City of Denton (appendix i), an excused absence shall include personal or family illness, death of a family member, jury duty, service in the armed forces, testifying before the legislature, attending a seminar involving municipal matters of importance to the member's duties, absence necessary for the member's business or employment, and any related emergencies or other matters which the board finds qualifying as an excused absence. Per §2-83 (c) Code of Ordinances, the unexcused absence of any board member from more than three regularly called and scheduled meetings of the board of which he is a member in any one year or lack of attendance at 50 percent of the number of regular meetings in a year, shall be considered "cause," as that term is used in §14.16 of the Charter of the City of Denton for removal of said member by the City Council from such board. In the event that a board member violates the above attendance policy, the staff liaison shall notify the City Secretary. The City Secretary will contact the member in writing and ask the board member to make a decision about whether their current schedule will allow continued service. The letter will encourage the member to submit a letter of resignation to the City Secretary if the board or commission member feels their schedule will not allow continued service. NOTE: In accordance with §2-83(c) of the Code of Ordinances, attendance records will be forwarded by the staff liaison to the City Secretary's office quarterly. Not applicable to City Council committees. 11 SERVICE LIMITATIONS Members are usually appointed to a two-year terns. Current City policy states that a member can only serve three consecutive terms. A board member who has served three consecutive terms shall not be eligible for reappointment to that same board for a period of one year. TERMINATION OF APPOINTMENT A member's appointment to a board can be terminated by written resignation from the member or by action of the City Council. MINUTES OF MEETINGS AND ATTENDANCE RECORDS The staff liaison will provide a staff member at the meeting of each board to take minutes of each meeting. Minutes of the meeting will be submitted for approval by the members present at the next meeting with revisions, corrections, or amendments being made at that time. The approved minutes shall be forwarded to the City Secretary's office on a quarterly basis. For retention purposes, all agendas and minutes shall be digitized and saved by the end of each calendar year. Further information regarding minutes for City Council committees can be found in the "Guidelines and Rules of Procedure" section of this handbook. The attendance of all members shall be recorded by the staff liaison and forwarded to the City Secretary on a quarterly basis. ADVISORS, SUBCOMMITTEES, AND AD HOC COMMITTEES No City board shall appoint persons outside its membership as advisors or to subcommittees, ad hoc committees, or other accessory entities without prior approval of the City Council. 12 OVERVIEW OF LEGAL RESPONSIBILITY It is important to understand that city boards are not legislative bodies. The only legislative body in the City of Denton is the City Council, as outlined in the City Charter. Boards fall into various categories, depending on the ordinance, resolution, or state legislation creating such board or commission. These are: a. Advisory boards and commissions ("Advisory Board Members"); b. Boards and commissions which act in a quasi-judicial manner or perform some sovereign function of government ("Discretionary Board Members"); and c. Governmental, non-profit, and corporate boards and commissions. Consult the City Attorney's office to ascertain whether your board is purely an advisory board or if it acts in a quasi-judicial manner or performs a function of government. A discretionary board member is considered an officer of the City, which affects that member's legal status for such purposes as certain oaths of office, the application of conflict of interest doctrines, and criminal statutes. Attached is the City's ethics policy (appendix ii). All board members are required to adhere to the policy. Note the ethics policy lists some state penal laws that may be applicable to members. Should you have any questions regarding the application of the ethics policy or the penal laws, consult the City Attorney's office. Board members are required to take one or more oaths of office. Consult the City Secretary's office to make sure you have taken and signed such oaths before serving as a board member. Sample forms that may be required of board members are illustrated on the next two pages of this handbook. 13 l r 14 Statement Of Elected/Appointed Officer (Pursuant to Tex. Const. art. XVI, §1(b), amended 2001) do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. Affiant's Signature Denton, Texas Position to Which Elected/Appointed City and/or County SWORN TO and subscribed before me by affiant on this day of Signature of Person Authorized to Administer Oaths/Affidavits Printed Name Title Form o.2201 (Seal) 10 The City of Denton, Texas OATH OF OFFICE I, Name, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of the Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, and the Charter and Ordinances of this City. Signature SUBSCRIBED and sworn to before me the undersigned on this the day of 2008. To certify which witness my hand and seal of office. Signature of Person Administering Oath Printed Name Title ELECTION OF OFFICERS Procedures for the election of officers for appointed boards are established to ensure consistency with the City Council's goals and policies in making board appointments. Except where otherwise provided by state law, federal law, City Charter, or City ordinances or resolutions, election of officers for City of Denton council-appointed boards will be as follows:2 • The chair and vice-chair will be elected by voting board members. • Election of officers shall be annually as soon as practicable after the annual appointment process. If, for any reason, the chair or vice- chair vacates their seat, a special election should be held to fill the unexpired term. A temporary chair may be selected by the board pursuant to Roberts Rules of Order. • The staff liaison, designated by the City Manager, shall serve as the official secretary to the board or commission to ensure records are maintained in accordance with requirements of the City Secretary's office. • The City Council shall reserve the right, as deemed necessary in individual instances, to appoint the chair and vice-chair for any special issue or temporary advisory committees. If the City Council chooses not to make the appointment for chair and vice-chair, then the procedure outlined in this policy will apply. Questions regarding the election of officers should be directed to the City Attorney through your staff liaison. Check with staff liaison for special rules that apply to your board. 17 l r 18 CONFLICTS OF INTEREST Chapter 171 Conflict The State's conflict of interest law, Chapter 171 of the Texas Local Government Code, although only applicable to officers of the City, has been made applicable to all board members, whether advisory or discretionary, by Denton 's Charter. However, the penal provisions of Chapter 171 are not applicable to advisory board members. Chapter 171 requires a board member with substantial interest in a business entity or real property to file an affidavit with the staff liaison and abstain prior to a vote or decision on any matter involving the business entity or real property if the action on the matter will have a special economic effect on the business entity distinguishable from the effect on the public, or if it is foreseeable that the action on the matter will have a special economic effect on the value of the real property, distinguishable from its affect on the public. For example, the Attorney General has opined that a special economic effect on the value of real property distinguishable from the affect on the public exists when a P&Z board member has an interest in real property located within 200 feet of property being rezoned. However, the AG made it clear that these evaluations are highly fact intensive. Ask yourself the question, will this action before my board affect the value of my real property in a manner that is different from public at large? You have a substantial interest in a business entity (non-profit or government entity is not a business entity) if: 1. You own 10 percent or more of the voting shares of the business entity or own either 10 percent or more or $15,000 or more of its fair market value; or 2. You received funds from the business entity exceeding 10 percent of your gross income for the previous year. You have a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. You have a substantial interest if your close relative (within the first degree of consanguinity and affinity) has a substantial interest. A violation of Chapter 171 is a Class A misdemeanor. 19 If you think you have a Chapter 171 conflict contact the staff liaison prior to the meeting to make arrangements for the signing of the required affidavit. The affidavit must be signed prior to the item being considered. You should announce that you have a conflict at the meeting and excuse yourself from the room while the item is being considered. You should not participate on the matter, including contacting members of the board or staff concerning the matter. However, if you have any questions whether you have a Chapter 171 conflict, consult the City Attorneys office. Incompatibility of Office The common law doctrine of incompatibility of office prohibits you from holding two conflicting public offices. This only applies to discretionary board members. You cannot hold another public office that conflicts with your duties with the board. Because this is very fact sensitive, you should consult with the City Attorneys office if you hold another public office. You should do this prior to being sworn in as a discretionary board member, as your acceptance of the discretionary board appointment may result in the automatic forfeiture of your other public office. Appearance of Conflict There are times you will have a perceived conflict of interest even though it is not a conflict that is prohibited by law. In those cases you should make a judgment call as to whether you should abstain from the matter. The City's Ethics Policv states: "I will act with integrity and moral courage. I will be absolutely truthful. I will make impartial decisions that are free of bribes, unlawful gifts, narrow political interests and other personal interests that might impair my independence of judgment. I will always decide what is best for the whole city..." If you think the perceived conflict affects your ability of independent judgment or there is a strong appearance that you lack the ability to divorce yourself from the perceived conflict in making a decision, you should carefully consider whether abstention is appropriate. Often, these are difficult judgment calls for which there are no absolute right answers. In making your decision, you should weigh the harm of participating against your general duty to serve on the board. You have a duty to participate and vote on all matters that come before the board, unless you have a conflict or you lack information to decide the issue. Do not hesitate to consult with the City Attorney's office for guidance. 20 Chapter 176 Conflicts Disclosure Chapter 176 of the Texas Local Government Code requires you to file a Conflicts of Information Statement ("CIS") with the City Secretary if you or your family member (a) has an employment or business relationship with a City contractor or vendor that results in taxable income, or (b) received or accepted one or more gifts from a city Contractor or vendor (excluding gifts of food, lodging, transportation, or entertainment accepted as a guest) with an aggregate value of $250 in the preceding 12 months. You are required to file the form within seven days after you become aware of the relationship with the City. The CIS is signed under penalty of perjury and it is a Class C misdemeanor to fail to timely file the form. However, it is a defense to prosecution if you file the CIS not later than the seventh day after you receive notice of violation. Therefore, you have two chances to comply. 21 l r 22 COMPLIANCE WITH THE TEXAS OPEN MEETINGS LAW By City Council rule, all boards must comply with the Texas Open Meetings Act. Some boards having decision-making authority include the Civil Service Commission, Construction Advisory and Appeals Board, Denton Housing Authority, Historic Landmark Commission, Planning & Zoning Commission, and Zoning Board of Adjustment. All board meetings must be open to the public unless they come under one of the specific exceptions listed in the Texas Open Meetings Act for a closed meeting. Consultation with an attorney is one of the exceptions listed, which allows the board to hold closed meetings. Consult with the City Attorney's office before any closed meeting is posted to make sure the Act is followed. There are criminal penalties for holding an unauthorized closed meeting for boards with decision-making authority. Minutes of each meeting must be taken and a record of votes and decisions kept as public record. Written notice must be given of dates, times, and locations of all meetings. It is a criminal violation to meet in less than a quorum for the purpose of circumventing the Act. Therefore, it is recommended that when more than two members are in any given place where City business is being discussed, the meeting should be posted as a precautionary measure to avoid the accusation of attempting or conspiring to conduct City business in private. The Open Meetings Act does not apply to purely social gatherings, conventions, or workshops such as Texas Municipal League events. It is also very important that the board limit discussion during meetings to only those items listed on the posted agenda. Conversation or action on items not posted on the agenda would also be considered a violation of the Act. OPEN GOVERNMENT TRAINING While State law requires each board member of a decision-making body to complete open government training no later than 90 days after taking office, Denton 's policy is that all board and commission members complete this training. This training includes the Open Meetings Act. The training requirement may be satisfied via the Internet by visiting the Attorney General's Web sites. As the training is completed, each person receives an identification code that needs to be entered on the course completion certificate. Alternatively, CD training discs are available in the City Attorneys office. Upon completion of the CD training for the Open Meetings Act, the CD provides board members with an identification code. Whether the training is completed online or with the CD, each person must visit the Attorney General's Web site, complete the certificate online for the training using the identification s http://-,A--,A--,A-.oa~,.state.tx.tis/oL)iiioL)ei /o~, traii"g.shQW code that has been provided, print a copy, and file the certificate with the City Secretary. More information on Texas Open Meetings Laws may be accessed at httj2://www.oag.state.tx.us/ol2inol2en/om easv.shtml, the Attorney General's Web page. Please contact the City Secretary or City Attorney for specific questions about open meetings requirements. 24 TEXAS OPEN MEETINGS ACT If a specific issue or question arises, please consult the City Attorneys office for advice. I. OPEN MEETINGS ACT The Open Meetings Act (hereinafter called the "Act") is located in Chapter 551 of the Texas Government Code. The Act generally provides that meetings of a board shall be public. There are exceptions to this general rule, as will be discussed. It also requires that the public be given notice of the time, place, and subject of such meeting. It is important to remember when considering the Act's requirements that compliance with its provisions is mandatory, not discretionarv. II. WHAT CONSTITUTES A MEETING A. DEFINITION OF MEETING A board becomes subject to the Act when it conducts a meeting. A meeting is "a deliberation between a quorum of a governmental body, or between a quorum of a governmental body and another person, during which public business or public policy over which the governmental body has supervision or control is discussed or considered or during which the governmental body takes formal action." It also includes "a gathering: (i) that is conducted by the governmental body or for which the governmental body is responsible; (ii) at which a quorum of members of the governmental body is present; (iii) that has been called by the governmental body; and (iv) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the public business or public policy over which the governmental body has supervision or control." The definition specifically includes a session of a board. The term "deliberation" is important to define what a meeting is under the Act. Deliberation is "a verbal exchange during a meeting between quorums of a governmental body, or between a quorum of a governmental body and another person, concerning an issue within the jurisdiction of the governmental body or any public business." Included in the meaning of a verbal exchange is written and non-spoken communications. B. SOCIAL GATHERINGS The Act specifically excludes informal or social functions from the definition of meeting. However, if a quorum of a board assembles in an informal setting, it will still be subject to the requirements of the Act if the members engage in a verbal exchange about public business or policy. Therefore, it is important for members of a board to be cautious about the topics of conversation at social gatherings where a quorum of the body is present. 25 C. EMPLOYEE BRIEFINGS Prior to 1999, the Act permitted a board to have briefings by third parties or employees outside of open session. However, the 76th Legislature repealed that provision. The definition of "meeting," as restated above, was amended to specifically include such briefings. Now, a board will be subject to the Act during briefings, even if no deliberations occur. Further, a board may be subject even during public comment sessions of meetings. D. TELEPHONE AND VIDEO CONFERENCE MEETINGS Telephone meetings do not comply with the Act. It is considered a secret deliberation, which is not permitted. There are very limited emergency cases whereby it could be conducted. However, any such telephone conferencing should never be conducted without consulting the City Attorneys office. Videoconferencing is allowed only in limited circumstances, and consultation with the City Attorneys office should occur before videoconferencing is considered. III. NOTICE A. CONTENT The Act specifically requires that before a meeting of a board is conducted, written notice of the date, hour, place, and subject matter of the meeting must be properly posted. The content of the notice must be sufficient to apprise the general public of the subjects to be considered at the meeting. Compliance with this provision is often very fact specific. Therefore, it is recommended that the board work closely with the staff liaison and the City Attorneys office when posting the subject matter of each proposed meeting in order to ensure compliance. B. PLACE OF POSTING The Act provides for specific places to post the notice of a meeting, depending on the type of governmental body. For municipal governing bodies, notice should be posted on a bulletin board at a place convenient to the public in the City Hall. Additionally, the City Council agenda must be posted on the City's website. The staff liaison to the board will be able to properly place the notices. C. TIME OF POSTING The notice of a meeting of a board must be posted in a place readily accessible to the general public at all tinges at least 72 hours before the scheduled time of the meeting. There are very few emergency exceptions to this rule. In cases of emergency or urgent public necessity where there is an imminent threat to public health or a reasonably unforeseeable situation, a two-hour posting is permitted. The notice must clearly identify the emergency or urgent public necessity. A determination that an emergency exists is subject to judicial review. 26 Before any deviation from the "72 Hour Rule," the City Attorneys office should be consulted. D. RECESS IN A MEETING A board may continue a meeting from one day to the next day without reposting. However, notice must be reposted if a meeting is continued to any day other than the one immediately following the posted meeting day. IV. OPEN SESSIONS A. CONVENING THE MEETING A meeting may not convene unless a quorum of the board is present in the meeting room. This rule applies even if the members of the board plan to go into closed meeting after convening the meeting. This applies the general rule that the members of the public are entitled to know what members are present for the closed meeting and if a quorum is present. B. RIGHTS OF THE PUBLIC An "open meeting" is one that the public is permitted to attend. However, the Act does not entitle the public to choose items to be discussed or to speak about agenda items. The public or any of the board members may raise a subject not included in the agenda, but the discussion must be limited to a proposal to include that item on the agenda for the next meeting. Moreover, the public has a right to tape or record any open meeting. However, the board has the right to regulate the placement of equipment and the manner in which the meeting is being recorded. C. PUBLIC COMMENT A board may give members of the public an opportunity to speak at a public meeting. If such a public comment period is permitted, the board may set reasonable limits on the number, frequency, and length of the presentations before it. However, it cannot unfairly discriminate among speakers for or against a particular point of view. Moreover, many quasi-judicial boards are bound legally to permit certain citizens to speak on specific agenda items that relate to the citizens property. Because such a period is included in the definition of a meeting, it must be posted in the notice of the meeting. The term "public comment" does provide sufficient notice of one of these periods when no deliberation occurs among the board. However, if any of the members of the board or its employees have prior knowledge of the subject matter to be commented on by the public, the item to be discussed must be specifically posted on the notice. 27 D. FINAL ACTIONS The general rule is that a final action, decision, or vote on a matter deliberated in either an open session or a properly conducted closed meeting (discussed below) may only be made in an open meeting that is held in compliance with the Act. Therefore, a board may not vote with a secret ballot or take action by a written agreement without a meeting. The general rule is that if the board has the authority to make a decision or take an action, the board should act in open session. The only exception to this rule is a closed meeting for the purpose of discussing competitive matters of a public utility, which will be discussed below. V. CLOSED MEETINGS A. OVERVIEW There are a few exceptions listed within the Act, whereby a board may deliberate in a closed meeting. It is important to remember that pursuant to City policy, if a board of the City of Denton wishes to conduct a closed meeting, the City Attorneys office must be consulted to avoid anv violations of the Act. Before a closed meeting may be conducted, a quorum of the board must convene in open session, and the presiding officer must announce that a closed meeting will be held and then identify the section(s) of the Act under which the closed meeting will be held. The posted agenda must also state the specific provisions of the Act under which any closed meeting will be held and a general statement as to the topic to be discussed. B. PROVISIONS AUTHORIZING CLOSED MEETINGS Listed below are the most common exceptions available to boards. It is important to remember that the Act will not permit a closed meeting in cases where the City's Charter or another law requires it to be open. 1. Section 551.071: Consultations with Attorney This section allows a board to consult with its attorney in a closed meeting to seek his or her advice on legal matters. This section is often invoked in order for a board to consult with its attorney regarding pending or contemplated litigation. However, it may be held to discuss other legal matters. A discussion under this exception may relate only to legal proceedings or legal matters. General discussion of policy, unrelated to legal matters, is not permitted under this exception. 28 2. Section 551.072: Deliberations about Real Property This section permits a board to deliberate the purchase, exchange, lease, or value of real property in closed meeting. However, this will only be allowed in closed meeting when public discussion of the subject would have a detrimental effect on the board's negotiation position with respect to a third party. It does not allow the board to make a deal in private, without pubic input or debate. 3. Section 551.073: Deliberations about Gifts and Donations This section permits a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the governmental body. However, this is only allowed if deliberation in an open meeting would have a detrimental effect on the position of the board with a third party as explained above. 4. Section 551.074: Personnel Matters This section permits a closed meeting to deliberate about officers and employees of the board. It is important to note the primary interest protected by this section is the protection of the reputation of the ill&0011171 officer or employee under consideration. Moreover, this section only permits deliberation in closed meeting on individual officers or employees. Discussion about a class of employees must be conducted in open session. Also, the public officer or employee that is the subject of the meeting may request that session occur in a public hearing. 5. Section 551.075: Deliberation about Security Devices This section permits a closed meeting to deliberate the deployment, or specific occasions for implementation of security personnel or devices. 6. Section 551.086: Competitive Matters of Certain Public Power Utilities This section permits certain boards of public power utilities to deliberate, vote, or take finial actioli on any competitive matter related to the utility in closed meeting. A competitive matter is defined as: "a utility-related matter that the public power utility governing body in good faith determines by a vote under this section is related to the public power utility's competitive activity, including commercial information, and would, if disclosed, give advantage to competitors or prospective competitors but may not be deemed to include" several categories of information specifically set out in the Act. Further, notice of the subject to be discussed in the session is required to contain no more than a general representation of the subject matter. 29 7. Section 551.087: Deliberation about Economic Development Negotiations This section permits a closed meeting to deliberate commercial or financial information the board has received from a business prospect that it seeks to have locate, stay, or expand in or near the territory of the board and with which it is conducting economic negotiations, or deliberating about a offer of an incentive to such a business prospect. VI. RECORDS OF MEETINGS The Act requires that minutes or a tape recording be kept of each open meeting. These shall be considered public information. Moreover, during a closed meeting, either a certified agenda or tape recording of the session must be kept. The records kept for the closed meeting are considered confidential information and may not be released unless ordered by a court. VII. PENALTIES AND REMEDIES FOR VIOLATIONS OF THE ACT A. VOIDABILITY OF BOARD'S ACTION If any action by a board violates any provision of the Act, that action is voidable. This means that any interested party may challenge an action of the board in court. If a court finds a violation of the Act occurred, it might declare the particular action by the board is void. A board that has taken action that violates the Act may meet again and validly authorize that action at a meeting where the public has received adequate notice. However, this action is generally effective only from the date of the new meeting and only if the new meeting complies with the Act. B. MANDAMUS, INJUNCTION, OR DECLARATORY JUDGEMENT The Act provides that any interested person, including a member of the news media, may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of the Act. To enforce provisions of the law, a court may require a public official to perform duties imposed on him by law by issuing a writ of mandamus. A mandamus commands the doing of an act, whereas an injunction is issued to restrain an act. Courts have also allowed parties to bring a declaratory judgment action. In this type of proceeding, a court would be authorized to determine the rights, status, duties, and other legal regulations of various persons, including the public officers. Thus, a court may determine the validity of a board's actions under the Act in such a proceeding. Furthermore, the Act provides that a court may award reasonable attorney fees and litigation costs to the party who substantially prevails in an action brought under the Act. This relief is not mandatory, but rather up to the court. Further monetary damage may be awarded against a board that violates the Act if a court finds the action caused direct monetary damage to the aggrieved party. 30 C. CRIMINAL PROVISIONS A very important issue to note is that the Act does provide for criminal penalties for violations. A member or group of members of a board commits a criminal offense if they knowingly conspire to circumvent the Act by meeting in numbers less than a quorum for the purpose of secret deliberations. A member of a board commits an offense if a closed meeting is not permitted by the Act and the member knowingly: (1) calls or aids in calling or organizing the closed meeting, whether it is a special or called closed meeting; (2) closes or aids in closing the meeting to the public, if it is a regular meeting; or (3) participates in the closed meeting, whether it is a regular, special, or called meeting. It is an affirmative defense if the member acted in reasonable reliance on a court order or a written interpretation of the Act contained in an opinion of a court of record, the Attorney General, or the attorney for the board. Also, a member of a board commits an offense if the member participates in a closed meeting knowing that a certified agenda of the closed meeting is not being kept or a tape recording of the meeting is not being made. Another offense is committed when any person, corporation, partnership, without lawful authority, knowingly disclosed to the public the certified agenda or tape recording of a lawfully closed meeting. Penalties for violation of the Act are a misdemeanor offense, punishable by a fine of not less than $100 or more than $500 and/or confinement in the county jail for not less than one month or more than six months. VIII. CONCLUSION As stated before, the application of the Open Meetings Act is often very fact specific. The Texas Attorney General, who oversees compliance, and courts, give a liberal interpretation to the Act in order to ensure that the spirit of open government is protected. Violators of the Act have been sentenced to jail time. Therefore, it is urged that careful attention to compliance is made. Any specific question or issues should be referred to the City Attorneys office, through the staff liaison. 31 l r 32 PROCEDURES FOR CONDUCTING A MEETING To ensure board meetings are conducted in a fair and orderly planner, a number of rules and procedures should be followed. The following sections describe these procedures, which create a cordial yet formal atmosphere for conducting meetings. ROLE OF THE CHAIRPERSON AND THE AGENDA The function of the chairperson is to provide leadership to the group in the following ways: 1. To maintain order by enforcing the established rules, and 2. To ensure the meeting proceeds smoothly and follows the agenda. If the group is indecisive, the chairperson should exercise leadership and make suggestions. When debate is concluded, the chairperson should summarize the major points made. In general, the chairperson should maintain order and try to bring the group to a conclusion on matters before it. To facilitate the chairpersons duties, staff should always provide copies of the agenda to all board members before the meeting. Agendas should also be provided to any members of the public in attendance. The agenda should be prepared by the staff liaison assigned to work with the board. RULES OF THUMB Here are a few obvious points that should be followed, but are often forgotten: 1. Discuss only one point at a time. 2. The chairperson should recognize the person or persons who wish to speak and only they should be allowed to speak. Others should hold their comments until they have the floor. 3. If the meeting is a public hearing, the board should hear the public without making comments until questions are allowed by the chairperson. 33 PROCEDURAL RULES OF ORDER NOTE: While this review of parliamentary procedures has been designed to cover the most common situations a board member may encounter during the course of a meeting, these procedures may not always apply. They may be superseded because of legal constraints if the meeting is a public hearing. However, these basic procedures are usually acceptable during most meetings. Answers to complicated procedural questions can be found in Robert's Rules of Order. 1. Making ca motion - Before discussion of an issue by board members, a motion should be made and seconded. The making of a motion normally occurs following a presentation or description of the issue by a staff member or chairperson. After the motion is made and seconded, debate can be conducted. Example of the proper form of a motion is: "Mr./Madam Chairperson, I move the following..." 2. Amending ca motion - Any motion may be amended as follows: "Mr./Madam Chairperson, I move that we amend the motion by adding, deleting, etc. the following..." The amendment must be seconded before discussion can ensue. When discussion ends, the amendment is voted on first. If the amendment passes, the original motion is then put to vote as amended. If the amendment fails, the original motion is put to a vote. 3. Cluarage big ca Substitute Motion - Another way to change an original motion is by use of the substitute motion. A substitute motion is simply an amendment that changes an entire sentence or paragraph. It must be seconded before discussion can take place. It may be amended and differs only from an amendment in that if the substitute motion passes, it eliminates the original motion. 4. Table ca Motion - Occasionally, a board may wish to defer action on a motion until a later meeting. One way to accomplish this is to make a motion to table the item being considered. To table an item requires a motion and a second. A vote is immediatelv taken without discussion. Once it has been decided to table an item, it cannot be brought up again until the board votes to do so, unless the motion to table specifies a date certain. Then, the item shall be placed on a future agenda. An item that has been tabled must receive an affirmative vote for removal from the table before that item can be debated. Once removed from the table, the item can be discussed and voted upon. 34 5. Postpone ca Motion - Another method of delaying a decision on a matter is to postpone to a certain day the consideration of a motion. This is accomplished by simply making a motion to postpone consideration of the motion until a definite future date and having it seconded. The motion to postpone is then open for discussion. Following discussion, a vote is taken. 6. Point of Order - Any time a member feels an incorrect procedure is being used, the member can interrupt with a point of order request which requires the chairperson to decide the correct procedure. 7. Suspension of the Rides - Occasionally, board members may want to discuss a business item without the constraints of any rules. Unless the by-laws require otherwise, a two-thirds (2/3) vote of the members is needed to suspend the rules. This motion is not debatable and must be voted on upon being seconded. WHAT IS A QUORUM? A quorum is the minimum number of members needed to officially conduct business. The quorum may be set by state law, the City Charter, the board's by- laws, or Robert's Rules of Order. Generally, a quorum is a majority of the members of a board or committee unless a different quorum is fixed by by-laws or by rule of the parent body. Approval of an action, except as otherwise provided by law, rule or regulation, requires a majority vote of persons legally entitled to vote, excluding abstentions, at a meeting at which a quorum is present. SUMMARY In conclusion, it stands to reason that if a meeting is to be held in a fair and orderly manner, all the members of the board must be willing to cooperate. They must be informed of the established rules and act accordingly. The chairperson has final responsibility for ensuring the meeting is properly conducted. Unless the chairperson understands the basic parliamentary procedures discussed and is willing to use them in the best interest of all concerned, the board will be unable to adequately carry out its responsibilities. 35 l r 36 GUIDELINES & RULES OF PROCEDURE FOR BOARDS, COMMISSIONS AND CITY COUNCIL COMMITTEES CREATION In accordance with Ordinance No. 2009-174 (appendix iii): • City Council may authorize, by resolution, the appointment of a Council committee as the need arises. • Committees, boards, and commissions may be created to assist in the conduct of the operation of the City government with such duties as the Council may specify that are not inconsistent with the City Charter or Code. • Membership and selection of members shall be by Council resolution if not specified by the City Charter or Code. • Committees so appointed will be advisory to the Council or the City Manager unless otherwise specified by the Charter or Code. • Anv committee so created shall cease to exist when abolished by resolution of the Council. APPOINTMENTS In accordance with Ordinance No. 2009-174: • Individual City Council members making nominations for members to citizen boards and commissions will consider interested persons on a citywide basis. • The City Council will make an effort to be inclusive of all segments of the community in the board and commission appointment process. City Council members will consider ethnicity, gender, socio-economic levels, and other factors to ensure a diverse representation of citizens. • The City Council will take into consideration an individual's qualifications, willingness to serve, and application information in selecting nominations for membership to each board and commission. • In an effort to ensure maximum citizen participation, City Council members will continue the practice of nominating new citizens to replace board members who have served three consecutive terms on the same board. • Each City Council member will be responsible for making nominations for board and commission places assigned to him or her, which shall correspond to the City Council member's place. Individual City Council members will make nominations to the full City Council for the governing body's approval and disapproval. 37 PURPOSE • In creating a committee, board, or commission, Council shall set forth its purpose and duties which shall be consistent with City Charter or Code. • Appointees serve to advise the Council and shall not appear before another board or commission as a representative of, or on behalf of, the board or commission on which thev serve. STRUCTURE In accordance with Ordinance No. 2009-174: • Each committee, board, or commission shall comply with the provisions of Article III of Chapter 2 (appendix i) of the Code of Ordinances and will be provided with of copy of these rules of procedure and a copy of the City of Denton Handbook for Boards, Commissions and Committees, which shall govern operational procedures of such boards, commissions and committees. ADDITIONAL GUIDELINES & PROCEDURES FOR CITY COUNCIL COMMITTEES • Committees will generally be formed by resolution which will provide for the committee's membership, election of chair and vice chair, and purpose. • The chair and/or vice chair will be elected by voting committee members. • Election of officers shall be annually as soon as practicable after the annual appointment process. If, for any reason, the chair or vice-chair vacates their seat, a special election should be held to fill the unexpired term. This does not preclude a member of the board acting as a temporary chair. • No more than three Council members shall serve on any committee. • The staff liaison, designated by the City Manager, shall serve as official secretarv to the committee to ensure that records are maintained in accordance with requirements of the City Secretary's office. • The Council shall reserve the right, as deemed necessary in individual instances, to appoint the chair and vice-chair for any special issue or for temporary advisory committees. If Council chooses not to make the appointment for chair and vice-chair, then the procedure outlined in this policy will apply. • Council committee meeting agendas will be posted in accordance with the Open Meetings Act, Chapter 551 of the Texas Government Code. The Open Meetings Act requires committee meeting agendas must be publicly posted at least 72 hours in advance of the meeting. • Only items posted on the agenda may be discussed and/or action taken during the committee meeting. • The committee may convene into closed session in compliance with the Open Meetings Act. 38 • Robert's Rules of Order pertaining to small assemblies may be consulted regarding the conduct of the committee meetings. • A quorum of the committee members must be present to hold a committee meeting or to take committee action. A quorum is considered to be more than half of the Council committee members. • Each member of the committee shall have one vote and members must be present to cast a vote. • The acts of the majority of the members present at the meeting are the acts of the committee. MINUTES • Minutes of each board, commission, or committee meeting shall be prepared in a form consistent with City Council meeting minutes as prescribed by the Citv Secretarv to reflect an accurate record of business transacted at the meeting. More detailed minutes may be recorded if required by the board, commission, or committee. • A draft of the minutes shall be sent to all committee members within two weeks. Such draft may be distributed to the City Council upon direction of the City Manager. • Minutes of the meetings will be submitted for approval by the members present at the next meeting with revisions, corrections, or amendments being made at that time. However, the Chair of the Committee may direct that the draft minutes be shared with the entire City Council when the information regarding the action of the Committee is needed to conduct official business and the draft minutes have not been officially approved by the Committee. 39 l r 40 BOARDS, COMMISSIONS & COUNCIL COMMITTEES I. JUDICIAL OR QUASI-JUDICIAL BOARDS (Discretionary Board Members) Boards that use decision-making powers apply particular regulations to specific facts to make judgments or decisions on matters within their jurisdiction. The following six board/ commissions are judicial or quasi-judicial boards, those that administer particular ordinances or regulations. Civil Service Commission • Established by Chapter 143 of the Texas Local Government Code. • Membership Three members appointed by City Manager and confirmed by City Council. • Purpose Ensures compliance with Chapter 143 of the Texas Local Government Code governing police and fire. The duties of the Commission include approval of eligibility hiring lists and holding hearings, upon appeal, on matters of promotions, performance, reclassifications, and other civil service issues. Construction Advisory and Appeals Board • Established by X28-439 of the Code of Ordinances. • Membership Seven members appointed by the City Council. Ex-officio - city building official. • Purpose Reviews the latest editions of the International Code Council building codes, including the International Building Code, the International Residential Code, the International Fire Code, the International Plumbing Code, and the International Mechanical Code, etc. The Construction Advisory and Appeals Board also reviews the latest edition of the National Electrical Code and recommends amendments to each of these codes and permit fees to the City Council. The Board reviews sub- standard properties and consumer health issues. The Board hears appeals from citizens concerning Building Code interpretations and decisions of the Building Official or Fire Marshal. The Board also hears certain citizen requests for variances to the Building Code or the Code of Ordinances. 41 Denton Housing Authori . Board • Established by Chapter 392 of the Texas Local Government Code. • Membership Five members appointed by the Mayor. • Purpose Prepares, acquires, leases, and operates housing projects. The Board also investigates housing conditions to determine when and where an economically depressed neighborhood exists, identifies revitalization areas, and provides accommodations for persons of low income. Although appointed by the Mayor, the Housing Authority Board operates independently from the City of Denton. Historic Landmark Commission • Established by §35.4.3 of the Denton Development Code. • Membership Nine members appointed by the City Council. Ex-officio - Director of Planning, City Building Official, Chairman of the County Historical Commission. • Purpose Recommends to the Planning & Zoning Commission and City Council those buildings, structures, sites, districts, and areas in the city that the Commission has determined should be preserved and designated as historic landmarks. The Commission also regulates design review for designated properties and districts. Planning & Zoning Commission • Established by §10.02 of the City Charter. • Membership Seven members appointed by the City Council. • Purpose Makes decisions or recommendations to the City Council regarding the Comprehensive Plan, Development Codes, zoning regulations, long-range planning, zoning changes, platting, and other development-related policies as required or permitted by State law or Council policy. 42 Zoning Board of Adjustment • Established by §10.07 of the City Charter. • Membership Seven members and three alternate members appointed by the City Council. • Purpose Provides a vehicle for citizens to appeal zoning interpretations and decisions of the Building Official, and request variances from the zoning and sign regulations in the Denton Development Code. The Board may also make final decisions regarding changes, the reestablishment, or termination of nonconforming uses within the city. 43 II. ADVISORY BOARDS Advisory boards advise or make recommendations to a person or the City Council and have no final decision-making authority. The following ten bodies serve in an advisory function: Airport Advisory Board • Established by §3-2 of the Code of Ordinances. • Membership Seven members appointed by the City Council. • Purpose Advises the City Council and/or City Manager on Airport operations to include lease agreements, development policy, grant projects, and/or the budget. The day- to-day operation of the Airport is the responsibility of the City Manager and Airport Manager. Animal Shelter Advisory Committee • Established by §823.005 of the Texas Health & Safety Code. • Membership Seven members appointed by the City Council. • Purpose Assists the City in complying with the provisions of the Animal Shelter Act and makes recommendations to the City Council regarding methods and procedures necessary to ensure compliance with the Act. Community Development Advisory Committee • Established by Resolution passed by the City Council on September 19,1978. • Membership Nine members appointed by the City Council. Ex-officio - City Manager, or his designee. • Purpose Holds public hearings and makes decisions regarding the expenditure of federal Community Development Block Grant and Home Investment Partnership Program monies. 44 Economic Development Partnership Board • Established by §2.251 of the Code of Ordinances. • Membership Seven members: two from City Council at the time of their original appointment, two from Chamber Board of Directors at the time of their original appointment who reside or work in the city, two who are employed by a top 20 City of Denton ad valorem or sales tax payer and who reside or work in the city, and the president of UNT or his/her designee who does not have a city residency requirement. To aid the City Council in making appointments to the Board, the City Council will appoint two City Council members and one Chamber of Commerce member to act as a nominating committee. After evaluating the recommended nominees, the committee will present to the City Council a slate of Board nominees for City Council approval. Ex-officio - City Manager, or his designee, and Chamber President. • Purpose Provides economic development policy guidance and makes recommendations to the City Council and Chamber of Commerce. Human Services Advisory Committee • Established by X14-61 of the Code of Ordinances. • Membership Eleven members appointed by the City Council. Ex officio - City Manager, or his designee. • Purpose Serves in an advisory capacity to encourage continuous evaluation of the human services delivery system and to recommend actions and funding to the City Council regarding City of Denton human services. Library Board • Established by §2-176 of the Code of Ordinances. • Membership Seven members appointed by City Council. • Purpose 45 Serves in an advisory capacity to the City Council to recommend policies, rules, and regulations for the operation of the library system. The Board also provides citizen input to the City Council and recommends fees for Council consideration. Parks, Recreation and Beautification Board • Established by §11.02 of the City Charter. • Membership Seven members appointed by the City Council. • Purpose Serves in an advisory capacity to the City Council to recommend improvements to park and recreation programs. The Board is charged to stimulate public interest in the development and maintenance of parks and playgrounds; to promote close cooperation between the City and private citizens so that all park and recreational facilities are used to their maximum benefit; and pursuant to the Charter, make recommendations regarding the appearance, beautification, and environment of the city. Public Art Committee • Established by X22-6 of the Code of Ordinances. • Membership Nine members: seven members are nominated by assignment to individual City Council members, and the remaining two are nominated by and represent the Greater Denton Arts Council. Ex-officio - Parks and Recreation Department Director and the Greater Denton Arts Council Executive Director. • Purpose Makes recommendations to the Parks, Recreation and Beautification Board and City Council on the commissioning, placing, and the installing of public art; implementation of funding mechanism(s) for public art; effective and efficient management of public art; ongoing maintenance of public art; and the accessioning, deaccessioning, and re-siting of public art. Public Utilities Board • Established by §12.07 of the City Charter. • Membership Seven members appointed by City Council. 46 Ex-officio - City Manager and Director of Utilities. • Purpose Reviews the department of utilities budget and makes recommendations to the City Council in the format required by the City Manager. The Board is authorized to expend funds for information and advertising. All matters relating to utility policies, capital projects, rates, and the sale and issuance of utility bonds are submitted to the Board for review and recommendation prior to Council consideration. The Public Utilities Board makes recommendations for the Capital Improvement Program pursuant to the provisions in the City Charter. Traffic Safety Commission • Established by Resolution passed by the City Council on June 19,1973. • Members Nine members appointed by the City Council. • Purpose Review community traffic related safety issues regarding traffic control device development and operation, public parking restrictions, roadway speed limit designations, street traffic flow considerations, loading zone delineation, and other traffic related items consistent with Ordinance No. 2002-040. This committee provides policy position and traffic safety recommendations to City Council for consideration. 47 III. CITY COUNCIL COMMITTEES The Denton City Council has seven internal advisory committees, as well as representation on eight local and regional committees. Assignments to the committees are made following the May city council election. Council members submit requests for committee assignments, with committee membership designated following a Council discussion of the requests. Agenda Committee • Established by Ordinance No. 2009-174. • Membership Mayor, Mayor Pro-Tem. City Manager. • Purpose Reviews the City Manager's proposed City Council agendas as to form and agenda content. Audit/Finance Committee • Established by Resolution No. R2009-015. • Membership Three City Council members. Ex-officio - City Manager, or his designee. • Purpose The duties and purpose of the Committee shall be to assist the City Council in fulfilling its organizational oversight responsibilities relating to the audit function, the investment function and other financial related activities as delegated by the City Council. Council Appointee Performance Review Committee • Established by Resolution No. R2009-015. • Members Three City Council members. Ex-officio - Director of Human Resources. • Purpose The duties and purpose of the Committee shall be to assist the City Council in performance review of the Council appointees and to insure that the appointees' job 48 descriptions are accurate and properly reflect current job duties in order to make recommendations to the City Council to assist the Council in evaluating the job performance of the Council appointees. Additionally, the Committee will make recommendations regarding employment agreements, including renewals, of Council appointee positions. Committee on the Environment • Established by Resolution No. R2009-015. • Membership Three City Council members. Ex-officio - City Manager, or designee. • Purpose The duties of the Committee shall be to review, discuss, deliberate, and consider environmental issues and resources and make recommendations to the City Council. The Committee will also deliberate and make recommendations regarding any other matter delegated to the Committee by the City Council. Council Ethics Committee • Established by Resolution No. R2009-015. • Membership Three City Council members. Ex-officio - City Manager, or designee, and City Attorney, or designee. • Purpose The duties and purpose of the Committee shall be to advise the City Council on the Ethics Policy, gather information from citizens regarding the Ethics Policy, and conduct hearing and inquiries as set forth in the enabling resolution. Hotel Occupancy Tax Committee • Established by Resolution No. R2009-015. • Membership Three City Council members. Ex-officio - City Manager, or designee. • Purpose The duties and purpose of the Committee shall be to monitor allocation and use of hotel occupancy tax funds, ensuring funds are being used to directly enhance and 49 promote tourism and hotel/ convention industry and to recommend organizations to receive funding to City Council. Council Mobility Committee • Established by Resolution No. R2009-015. • Membership Three City Council members. Chair of the committee serves as representative to Dallas Regional Mobility Committee and Regional Transportation Council. Ex-officio - City Manager, or his designee. • Purpose The duties and purpose of the Committee shall be to review, consider and make recommendations to the City Council regarding any changes to the Mobility Plan, local transportation policy, and any items concerning regional transportation policies and activities. 50 IV. LOCAL AND REGIONAL COMMITTEES Community Justice Council • Established by §76.003 of the Texas Government Code. • City Membership One City Council member of the most populous municipality in the county that the facility will serve. • Purpose Provides policy guidance and direction for the development of criminal justice plans and community correction facilities and programs. Convention and Visitors Bureau • Established by an agreement between Denton Chamber of Commerce and City of Denton; creates an Advisory Board established by the Denton Chamber of Commerce. • City Membership Non-specified number of City Council representatives. • Purpose Makes recommendations to the Chamber of Commerce Board of Directors to assist in the promotion of events and attractions to ensure a positive experience to Denton visitors. Dallas Regional Mobility Coalition • Established by 1997 Interlocal Agreement. • City Membership Representative of the City Council. • Purpose Examines all issues related to transportation and recommends transportation improvements and other related actions for the portion of the Dallas Metropolitan Area served by District 18 of the Texas Department of Transportation (Eastern Subregion). 51 Denton Committee on People with Disabilities • Established by a group of Denton citizens, and officially recognized by the City of Denton in Resolution No. R2007-030. • Membership Members are not appointed by the City Council. City Manager is authorized to provide a City staff person or persons to attend Committee meetings and to assist in Committee activities. • Purpose To promote aid to disabled persons, which includes the promotion of better public and employer understanding concerning needs and contributions of persons with disabilities; increased employment, retention, and advancement of disabled workers; encouragement for use of the available services for disabled persons; encouragement of the removal of architectural barriers; and promotion of participation in community life by persons with disabilities. Lake Ray Roberts Planning and Zoning Commission • Established by 1994 Lake Ray Roberts Land Use Ordinance approved by voters in Denton County and adopted by Denton County Commissioners Court. • City Membership One city council representative from each city included in the Lake Ray Roberts area. • Purpose Reviews and approves land use and development proposals for unincorporated county land in the Lake Rav Roberts area. Regional Transportation Council • Established - Independent transportation policy body of the Metropolitan Planning Organization. • City Membership Representative of the City Council. • Purpose Oversees the metropolitan transportation planning process, including guidance regarding the development of multimodal transportation plans and programs and programming federal and state funds for the implementation of transportation improvements. 52 Tarrant Regional Transportation Coalition • Established - Denton joined October 1, 2008. • City Membership Representative of the City Council. • Purpose A broad-based, non-profit group committed to finding solutions to the mobility challenges facing the western half of the DFW Metroplex. Texas Municipal Power Agency Board of Directors • Established by 1976 Power Sales Agreement providing for a board with eight members, two appointed by the Denton City Council. • City Membership Two representatives approved by the city council who may, but need not necessarily be, members of the city council and/or the Public Utilities Board • Purpose Assists in establishing policies, setting regulations, and overseeing the administration and management of the agency as well as approving and auditing the budget. 53 l r 54 ADMINISTRATION § 2-63 ARTICLE III. BOARDS, COMMSSIONS AND CONMTTEES* DIVISION 1. GENERALLY Secs. 2-46-2-60. Reserved. DIVISION 2. QUALIFICATIONS FOR MEMBERS Sec. 2-61. Requirements generally. Each member of a board or commission, in addition to qualifications prescribed by federal or state law or ordinance, shall be a qualified voter of the city. (Code 1966, § 1-21(a); Ord. No. 93-140, § I, 8-3-93) Sec. 2-62. Conflict of interest. A member of a board or commission of the city having a substantial interest in a business entity or real property, as those terms are defined in chapter 171 of the Texas Local Government Code as it now reads or may hereafter be amended, shall comply with chapter 171 and, if necessary, shall abstain from voting on a matter involving the business entity or real property and file an affidavit setting forth the substantial interest in the matter to be voted upon. (Code 1966, § 1-22; Ord. No. 96-154, § II, 7-9-96; Ord. No. 99-268, § 1, 8-3-99) Charter reference-Personal interest of officers and employees, § 14.04. State law reference-Conflict of interest, V.T.C.A., Local Government Code § 171.001 et seq. Sec. 2-63. Removal from office. Should a board or commission member cease to meet the qualifications prescribed in section 2-61 or 2-62, if applicable, or should such member be convicted of a felony during his term of service, such failure or conviction, as the case may be, shall be cause for removal. (Code 1966, § 1-23) *Charter reference-Boards and commissions, § 14.16. Cross references-Library board, § 2-176 et seq.; downtown development advisory board, § 2-211 et seq.; beautification advisory commission, § 2-241 et seq.; airport advisory board, § 3-2; animal shelter advisory committee, § 6-5 et seq.; cable TV advisory board, § 8-130; human services committee, § 11-61 et seq.; park and recreation board, § 22-1; construction advisory and appeals board, § 28-438 et seq.; . development review committee, § 34-6; board of adjustment, § 35-41 et seq.; historic landmark commission, § 35-236 et seq. Supp. No. 10 163 55 § 2-64 DENTON CODE Sec. 2-64. Exceptions. The provisions of this article shall not apply to task forces, ad hoc committees or other commissions established by the city council from time to time to make recommendations with respect to a particular subject or issue and which are not intended to be permanent in nature. (Code 1966, § 1-24) Sec. 2-65. Term of office. No board or commission member shall be eligible for appointment to a board or commission for more than three (3) consecutive terms on such board or commission. A board or commission member who has served three (3) consecutive terms shall not be eligible for reappointment to that same board or commission for a period of one year. (Ord. No. 93-140, § II, 8-3-93; Ord. No. 93-212, § I, 11-16-93) Secs. 2-66-2-80. Reserved. DIVISION 3. RULES AND PROCEDURES Sec. 2-81. Definition. The word "board," "boards," "commission" or "commissions," as used in this division, shall be construed to mean any managerial, administrative or quasi-judicial body of persons which has an advisory or deliberative character and whose members are appointed by or serve at the pleasure of the city council. (Code 1966, § 1-42) Cross reference-Definitions and rules of construction generally, § 1-2. Sec. 2-82. Applicability. The provisions of this division shall govern and control the rules, procedures and operation of all boards and the removal of members thereof; provided, however, wherever any provision of the state constitution, state statutes, the Charter or a city ordinance conflicts or is inconsistent with any provision of this division, the conflicting or inconsistent provision of this division shall not be applicable. (Code 1966, § 1-43) Sec. 2-83. General rules. (a) Quorum. A quorum for the transaction of business of a board shall be a majority of the members appointed to the board. (b) Voting required. No attending member of a board shall be excused or shall abstain from voting on any matter before the board on which a vote is called or required, except where a board member's personal interest is involved. When such member's personal interest is involved, such member shall announce such interest at the commencement of consideration of the matter, and such member shall not enter into discussion or debate on such matter and shall Supp. No. 10 164 56 ADMINISTRATION § 2-105 abstain from voting thereon and shall fill out an affidavit stating such interest in accordance with V.T.C.A., Texas Local Government Code § 171.004. Amember shall be considered to have a personal interest in a matter whenever any matter before the board could or does affect the member's financial interest. The phrase "financial interest" when used herein shall have the same meaning as "substantial interest in a business entity" as that phrase is defined in V.T.C.A., Texas Local Government Code § 171.002. Charter reference-Personal interest, § 14.04. (c) Absences. Every board, commission, and committee member shall attend all regularly called and scheduled meetings of the board, commission, or committee of which he or she is a member. The chairperson shall announce, for the record, the names of members absent and determine if the absence is excused or unexcused. Members who cannot attend the meeting should contact the chairperson or an appropriate staff liaison concerning his or her absence prior to the meeting. The unexcused absence of any board, commission, or committee member from more than three (3) regularly called and scheduled meetings of the board, commission, or committee of which he or she is a member in any one (1) year or lack of attendance at fifty (50) percent of the number of regular meetings in a year, unless such absence is excused, shall be considered "cause," as that term is used in section 14.16 of the Charter, for removal of the member by the city council from such board, commission, or committee. An excused absence shall include personal or family illness, death of a family member, jury duty, service in the armed forces, testifying before the legislature, attending a seminar involving municipal matters of importance to the member's duties, absence necessary for the member's business or employment, and any related emergencies or other matters which the board, commission, or committee finds qualify as an excused absence. Attendance reports will be provided by boards, commissions, and committees to the city council on a quarterly basis for their review. Copies of this ordinance shall be forwarded to members of all of the standing boards, commissions, and committees and to new members as they are appointed. (Code 1966, § 1-44; Ord. No. 96-154, § III, 7-9-96; Ord. No. 00-046A, § 1, 2-1-00) Sec. 2-84. Nominating and appointing members to certain boards. All nominations to the public utilities board and parks and recreation board shall be by procedures established by the city council to fairly allow each member of the city council an opportunity to nominate a member to each of these boards. All appointments to the public utilities board and parks and recreation board shall be by affirmative vote of four (4) members of the city council. (Ord. No. 96-169, § I, 7-16-96; Ord. No. 99-268, § 2, 8-3-99) Secs. 2-85-2-105. Reserved. Supp. No. 16 165 57 l r 58 S U)w D--ms~Rmh i-WkEdkc Policy-A-dman.DOC RESOLUTION NO. Ofi A RESOLUTION AMENDING THE ETHICS POLICY FOR ELECTED AND APPOINTED OFFICIALS FOR THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on May 18, 2004 City Council passed Resolution R2004-025 adopting an Ethics Policy for Elected and Appointed Officials and upon a recommendation by the Council Ethics Sub-committee hereby approves an amendment to the policy as set forth herein; and WHEREAS, the City Council of the City of Denton acknowledges that our government is a representative democracy and those who are elected or appointed to serve others as representatives accept a public trust that requires them to faithfully and diligently fulfill their public responsibilities; and WHEREAS, the City Council of the City of Denton recognizes the those individuals who serve as public servants must adhere to a higher ethical standard of conduct since the activities of government should benefit the community as a whole and should never benefit the individual interest of public decision makers; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the following ETHICS POLICY for Elected and Appointed Officials - City of Denton, Texas, which shall apply to all elected and appointed officials of the City, is hereby amended to read as follows- ETHICS POLICY for Elected and Appointed Officials - City of Denton, Texas. This Ethics Policy has been adopted to encourage and ensure the highest standards of personal and public conduct during tenure in office. Adherence to this Policy will maintain the confidence and trust in the decision-makers and representatives of the City who must remain independent, impartial, and accountable to the people they serve. In addition, elected and appointed officials must adhere to Texas state statues and City Charter provisions and City Council Rules of Procedure governing their conduct. These are listed at the end of this Policy. Thus, elected City Council Members as well as appointed members of the City's Boards and Commissions are asked to subscribe to the Texas statutes, City of Denton Charter, Rules of Procedures for City Boards and Commissions, and this Ethics Policy. 1. As a representative of the City of Denton, I will be ethical. I will act with integrity and moral courage. I will be absolutely truthful. I will make impartial decisions that are free of bribes, unlawful gifts, narrow political interests and other personal interests that might impair my independence of judgment. I will always decide what is best for the whole city. I will respect confidences and information designated "confidential" to the extent 59 5.1Our pncumenES\Re 1u16MU%G6Tthics Policy-Am dunmi DOC permitted by law. I will use my title and city logo or letterhead only when conducting official City business and will not exceed my authority. 2. As a representative of the City of Denton, I will be service-oriented. I will be friendly, receptive, courteous, and respectful to everyone. I will be attuned to and care about the needs and issues of all Denton citizens. 3. As a representative of the City of Denton, I will be fiscally responsible. I will make prudent decisions, taking into account the long-term financial needs of the City and its financial stability. I will make decisions that seek to promote programs and services for City residents. 4. As a representative of the City of Denton, I will be communicative. I will communicate that I am approachable, open-minded and willing to enter into dialog. I will listen carefully and my response will add value to the conversation. 5. As a representative of the City of Denton, I will be cooperative. 1 will work toward consensus building and gain value from diverse opinions. I will approach my position and relationships with a positive attitude. I will consider the broader regional and statewide implications of decisions. I will work with the Universities, DISD, the Chambers of Commerce, other governmental entities, and local nonprofit agencies and others as partners on common issues. 6. As a representative of the City of Denton, I will be progressive and receptive to new ideas. I will promote intelligent and thoughtful innovation whenever possible. I will be sensitive to the need for compromise, to think creatively, and improve existing models when necessary. I will keep my knowledge of local government current and growing. 7. As a representative of the City of Denton, I will not be delinquent in paying monies owed the City. I will not be in arrears on any city taxes, utility service charges, or other obligations owed the City. Elected officials and appointed officials, boards and commissions must adhere to the following Texas statutes: Civil Statutes Open Meetings Act (Tex. Govt. Code. Ann. Ch. 551) Public Information Act/Open Records Act (Tex. Govt. Code. Ann. Ch. 552) Conflicts of Interest (Tex. Loc. Govt. Code, Ch. 171, Ch. 212) Official Misconduct (Tex. Penal Code, Ch. 36, Ch. 39) Nepotism (Tex. Rev. Civ. Stat. Ann., arts. 5996a & 5996b) Whistleblower Protection (Tex. Rev. Civ. Stat. Ann., art. 6552-16a) 60 Page 2 of 3 Si Our Dncumcn(O mlutimVIaElhics Policy Amaidnicni.DOC Competitive Bidding and Procurement (espec. Tex. Loc. Govt. Code, Ch. 252) State Penal Laws Bribery (Tex. Penal Code, § 36.02) Coercion of Public Servant or Voter (Tex. Penal Code, § 36.03) Improper Influence (Tex. Penal Code § 36.04) Tampering with a Witness (Tex. Penal Code § 36.04) Retaliation (Tex. Penal Code § 36.06) Gifts to Public Officials (Tex. Penal Code § 36.08) Offering Gift to Public Servant (Tex. Penal Code § 36.09) Abuse of Office (Chapter 39) Official Misconduct (Tex. Penal Code § 39.01) Official Oppression (Tex. Penal Code § 39.02) Misuse of Official Information (Tex. Penal Code § 39.03) City Documents In addition, the City of Denton Charter, the City Council Rules of Procedure, House Rules and Code of Election Ethics are applicable. The Ethics Policy is designed as a positive guide to the behavior and decorum of Council and board members as they represent the citizens of Denton. I will voluntarily accept reprimand from my colleagues if I should act contrary to this policy. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: a APPR VED, O LEGAL FORM: EDWIN M. SCNYD1z, CITY A ORNEY BY: 61 Page 3 of 3 l r 62 S:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.doc ORDINANCE NO. - qil AN ORDINANCE REPEALING ORDINANCE NO. 2008-159 AND AMENDING SECTION 2- 29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Constitution and Laws of the State of Texas, and Section 2.07 of the City Charter of the City of Denton, Texas, hereinafter referred to as City, authorize the City Council of the City to promulgate and establish rules of procedure to govern and conduct meetings, order of business, and rules of decorum, while acting as a legislative body representing the City; and WHEREAS, the City Council deems it in the public interest to clarify certain provisions of its Rules of Procedure; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Section 2-29 of the City Code, known as the Denton City Council Rules of Procedure, is hereby amended to read as follows: 1. (2-29(a)) AUTHORITY 1.1(1) Chart er: Pursuant to the provisions of Section 2.07 of the Charter of the City of Denton, Texas, the City Council hereby enacts these rules of procedure for all meetings of the City Council of the City of Denton, Texas. During any meeting, a reasonable opportunity shall be given for citizens to be heard under these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the Council Chamber including the city administrative staff, news media, and visitors. 2. (2-29(b)) GENERAL RULES 2.1 (1) Meetings to be Public: All official meetings of the Council and Council committees and subcommittees, except closed meetings permitted by the provisions of the Texas Open Meetings Act, Chapter 551, TEX. GOVT. CODE ANN. (Vernon Annotated Texas Civil Statutes (Vernon 2009), as amended, shall be open to the public. 2.2 (2) uorum: Four members of the Council shall constitute a quorum for the transaction of business. (Charter, Section 2.06) 2.3 (3) Compelling Attendance: No member shall be excused from attendance at a Council meeting except for good and valid reasons. It will be the duty of the Council member to notify the City Secretary prior to the meeting at which he or she is going to be absent. The City Secretary will record each Council member as being present or absent as a part of the minutes prepared for each Council meeting. 63 SA0ur Documents\0rdinances\09\CC Rules of Procedure draft presentation updates 07212009.doc 2.4 (4) Misconduct: The Council may punish its own members for misconduct consistent with any Ethics Policy adopted by the Council. 2.5 (5) Minutes of Meetings: An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the Council. A certified agenda shall be prepared and shall be approved by the Mayor for all closed meetings for which a certified agenda is required to be kept in accordance with Chapter 551, TEX. GOV'T. CODE ANN. (Vernon 2009), as amended. 2.6 (6) Questions to Contain One Subject: All questions submitted for a vote shall contain one subject, except the City Council may approve all items which are on the consent agenda in one motion, regardless of how many subjects are contained in the consent agenda, so long as all items have been properly posted in accordance with the Texas Open Meetings Act and have not been removed from the consent agenda by a Council member. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 2.7 (7) Right of Floor: Any member desiring to speak shall be recognized by the Chairperson, and shall confine his or her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 2.8 (8) City Manager: The City Manager, or Acting City Manager, shall attend all meetings of the Council unless excused. He or she may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. (Charter, Section 5.03 (d)). 2.9 (9) City Attorney: The City Attorney, or Acting City Attorney, shall be available upon request for all meetings of the Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The City Attorney shall act as the Council's parliamentarian. 2.10 (10) Ci , Secretary: The City Secretary, or Acting City Secretary, shall attend all meetings of the Council unless excused, and shall keep the official minutes and perform such other duties as may be requested by the Council. 2.11 (11) Officers and Employees: Any officer or employee of the City, when requested by the City Manager, shall attend any meeting of the Council. If requested to do so by the City Manager, such employee may present information relating to matters before the Council. 2.12 (12) Rules of Order: These rules govern the proceedings of the Council in all cases, except that where these rules are silent, the most recent Edition of Robert's Rules of Order revised shall govern. 2.13 (13) Suspension of Rules: Any provision of these rules not governed by the City Charter or other City Code provisions may be temporarily suspended by the affirmative vote of four members of the Council. The vote on any such suspension shall be taken by yeas or nays and PAGE 2 64 SAOur Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.doc entered into the minutes of the Council. 2.14 (14) Amendment of Rules: These rules may be amended, or new rules adopted by the affirmative vote of four members of the Council, provided that the proposed amendments or new rules shall have been introduced before the City Council at a prior Council meeting. 3. (2-29(c)) CODE OF CONDUCT 3.1 (1) Council members: a. During Council meetings, Council members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the rules of the Council. b. A Council member, once recognized, shall not be interrupted while speaking unless called to order by the Mayor or presiding officer, unless a point of order is raised by another member or the parliamentarian, or unless the speaker chooses to yield to questions from another member. If a Council member is called to order while he or she is speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled not to be in order he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Council. 3.2 (2) Administrative Staff a. Members of the Administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council, and shall have no voice unless and until recognized by the Chair. b. While the presiding officer shall have the authority to preserve decorum in meetings as far as staff members and City employees are concerned, the City Manager also shall be responsible for the orderly conduct and decorum of all City employees under his or her direction and control. c. The City Manager shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by City employees in Council meetings. d. All remarks and questions addressed to the Council shall be addressed to the Council as a whole and not to any individual member thereof. e. No staff member, other than a staff member having the floor, shall enter into any discussion either directly or indirectly without permission of the presiding officer. 3.3 (3) Citizens: a. Citizens and other visitors are welcome to attend all public meetings of the City Council, and will be admitted to the City Council Chamber or other room in which the City Council is meeting, up to the fire safety capacity of the room. PAGE 3 65 S:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.doc b. All meeting attendees shall conduct themselves with propriety and decorum. Conversations between or among audience members should be conducted outside the meeting room. Attendees will refrain from excessively loud private conversations while the Council is in session. c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles, yells, and similar demonstrations shall not be permitted. d. Placards, banners, or signs will not be permitted in the City Council Chamber or in any other room in which the City Council is meeting. Exhibits, displays, and visual aids used in connection with presentations to the City Council, however, are permitted. e. Audience members may not place their feet on any chairs in the City Council Chamber or other room in which the City Council is meeting. f. Only City Council members and City staff may step onto the dais. g. All people wishing to address the City Council shall first be recognized by the presiding officer and shall limit their remarks to the matter under discussion. h. All remarks and questions addressed to the City Council shall be addressed to the City Council as a whole and not to any individual members. i. Any person addressing the City Council in the City Council Chamber shall do so from the lectern unless physically unable to do so. People addressing the City Council shall not be permitted to approach the dais. If they wish to hand out papers or other materials to the City Council, they should express that desire to the presiding officer, and the City Manager shall direct a staff member to hand out the materials. j. When the time has expired for a presentation to the City Council, the presiding officer shall direct the person speaking to cease. A second request from the presiding officer to cease speaking shall be cause of the removal of the speaker if that person continues to speak. k. Equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchairs shall not obstruct, block, or otherwise be located in the doorway, entranceway, or walkways of the City Council Chambers or of any other room in which the City Council may choose to meet. Representatives of the electronic media may set up cameras and other equipment only in the back of the room. It is permissible for television camera operators to film for short periods of time (several minutes) from the entranceway to the City Council Chambers using hand-held cameras only. Any radio station, which broadcasts the regular City Council meetings live may hook their equipment up at the front of the room as long as it remains out of sight and out of the way. 1. There will be a uniformed City of Denton police officer present at all regular meetings of the City Council. This police officer shall act in the capacity of a security officer/sergeant-at- arms, and shall enforce the meeting rules and act upon the direction of the presiding officer. PAGE 4 66 S:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.doc in. Any person making personal, impertinent, profane, or slanderous remarks, or who becomes boisterous while addressing the City Council or who otherwise violates any of the above-mentioned rules while attending a City Council meeting shall be removed from the room at the direction of the presiding officer, and the person shall be barred from further audience before the City Council during that session of the City Council. If the presiding officer fails to act, any member of the City Council may move to require the offending person's removal, and the affirmative vote of a majority of the City Council shall require the presiding officer to act. The sergeant-at-arms, if so directed by the presiding officer or an affirmative vote of the majority of the City Council, shall remove the offending person from the meeting. 3.4 (4) Enforcement: The City Manager, in the absence of a designated law enforcement officer, shall act as Sergeant-at-Arms for the Council, and shall furnish whatever assistance is needed to enforce the rules of decorum herein established. 3.5 (5) Seating Arraneg ment: The City Secretary, City Manager and City Attorney shall occupy the respective seats in the Council Chamber assigned to them by the Mayor, but any two or more members of the Council may exchange seats. 4.(2-29(d)) TYPES OF MEETINGS 4.1 (1) Regular MeetiM: The Council shall meet on the first and third Tuesday of each month, at such time as may be set by the City Council, unless the meeting is postponed or cancelled for valid reasons. All regular meetings of the Council will be held in City Hall at 215 East McKinney Street, Denton, Texas or at such other location as the City Council may, by motion, resolution or ordinance from time to time designate. 4.2 (2) Special Meetings: Special meetings may be called by the Mayor, the City Manager, or by any three members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, and he or she shall post notice thereof as provided by the Texas Open Meetings Act, TEX. GOV'T. CODE ANN. § 551.001, et seq. (Vernon 2009, as amended). The Mayor, City Manager, or three of the council members may designate a location for the special meeting other than City Hall as long as the location is open to the public. 4.3 (3) Workshop Meetings: Workshop meetings or work sessions may be held on the first and third Tuesday of each month at such time as may be set by the City Council, or on such other day as the City Council may designate and at such time as may be set by the City Council to discuss near to mid or long range issues and to answer City Council questions concerning all agenda items. Workshops or Work Sessions may be called using the same procedure required for special meetings as provided for in Section 4.2(2) above. The purpose of the workshop meeting is to discuss or explore matters of interest to the City, to meet with City boards, commissions, or committee members, City staff or officers of civic organizations, governing bodies or individuals specifically invited to the session by the Mayor, Council or City Manager. These meetings are informational and normally no final action shall be taken unless the posted agenda indicates otherwise. Citizens or other interested persons attending the work session will not be allowed to participate in the session unless invited to do so by the Mayor. Citizens should be advised of the PAGE 5 67 S:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.doc nature of the work session and that their input may be received and considered at a regularly scheduled council meeting where the agenda provides for final action to be taken on the matter. The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City Council a written statement or report regarding the citizen's opinion on a matter being discussed in a work session. If the Mayor invites citizens to participate in a work session, their participation will cease at the point the Mayor closes the session to public input to allow the Council to give City staff direction as to needed information for the possible future meeting without distracting comment from the audience. 4.4 (4) Emergency Meetings: In case of emergency or urgent public necessity, which shall be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor, the City Manager or by three members of the Council, and it shall be sufficient if the notice is posted two hours before the meeting is convened. 4.5 (5) Closed Meetings: The Council may meet in a closed meeting pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOVT CODE ANN. (Vernon 2009), as amended. 4.6 (6) Recessed Meetings: Any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 4.7 (7) Notice of Meetings: The agenda for all meetings, including Council Committee or Subcommittee meetings, shall be posted by the City Secretary on the City's official bulletin board and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOVT CODE ANN. (Vernons 2009, as amended.) 5. (2-29(e)) PRESIDING OFFICER AND DUTIES 5.1 (1) Presiding Officer: The Mayor, or in the absence of the Mayor, the Mayor Pro-Tem, shall preside as chairman, or presiding officer at all meetings of the Council. In the absence of the Mayor, Mayor Pro-Tem, the Council shall elect a temporary presiding officer. (Charter, Section 2.03) 5.2 (2) Call to Order: The meetings of the Council shall be called to order by the Mayor, or in his or her absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro- Tem, the meeting shall be called to order by the City Secretary, and a temporary presiding officer shall be elected as provided above. 5.3 (3) Preservation of Order: The presiding officer shall preserve order and decorum, and confine members in debate to the question under discussion. The presiding officer shall call upon the Sergeant-at-Arms as necessary to enforce compliance with the rules contained herein. 5.4 (4) Points of Order: The presiding, officer shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained?". If a majority of the members present PAGE 6 68 S:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.doc vote "No", the ruling of the chair is overruled; otherwise, it is sustained. 5.5 (5) Questions to be Stated: The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member, and upon the passage of all ordinances and resolutions. 5.6 (6) Substitution for Presiding Officer: The presiding officer may call any other member to take his or her place in the chair, such substitution not to continue beyond adjournment. 5.7 (7) Call for Recess: The presiding officer may call for a recess of up to fifteen (15) minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda, or if requested by any two members. 6. ORDER OF BUSINESS (Section 2-29 (f) 6.1 (1) Agenda: The order of business of each meeting shall be as contained in the agenda prepared by the City Manager, which shall be reviewed and approved by an Agenda Committee composed of the Mayor, the Mayor Pro Tem, and the City Manager. When items are removed from the consent agenda and placed on the regular agenda by members of the Council, the removed items shall be taken up in the order of removal right after the consent agenda. Placement of items on the agenda shall be governed by this Section and Section 6.3; provided that if a Council member has an "emergency" item that the Council member believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee or at the direction of a majority of the Council. Conduct of business at special meetings and Council Committees and subcommittees will likewise be governed by an agenda and these Rules of Procedure. 6.2 (2) Pledge of Allegiance: Each agenda shall provide an item for the recital of the "Pledge of Allegiance" at the regularly scheduled city council meetings. This item shall begin with the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with Section 3100.101 of the Tex. Gov't Code. 6.3 (3) Presentations by Members of Council or City Manager: The agenda shall provide a time when the Mayor or any Council member may bring before the Council any business that he or she feels should be deliberated upon by the Council at a future Council meeting. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting. Any member may suggest an item for discussion at a future work session. The City Manager or City staff shall only respond preliminarily on this item at the work session. If the City Council believes the item requires a more detailed review, the Council will give the City Manager or City Staff direction to place the item on a future regular meeting agenda and advise staff as to the background materials to be desired at such meeting. The City Council may receive from the City Manager or City staff or a member of the City Council reports about items of community interest including expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the PAGE 7 69 S:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.doc status of a person's public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda so long as authorized by the Texas Open Meetings Act, Chapter 551, TEX. GOVT CODE ANN. (Vernon Annotated Texas Civil Statutes 2009) (Vernons 2009). 6.4 (4) Presentations from Members of the Public: a. Reports from Members of the Public: Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. A time for such reports shall be determined by the Agenda Committee giving due consideration to the length of the Agenda, the convenience of the public, and the orderly flow of public business. Any speaker providing a report shall speak for no longer than four (4) minutes on all items that he or she may bring before the Council at each meeting, unless the Mayor or the majority of the Council grants an extension of time. No person may fill out a "request to speak" form in order to speak or comment on another person's report, which is given at the same Council meeting. An announcement shall be made, prior to the time for reports from members of the public on the agenda, summarizing the main portions of the Rules and Section 3 (2-29(c)), "Code of Conduct" as they may apply to members of the public speaking to the Council. b. Speaking on Regular and Consent Agenda Items: Any person who wishes to address the Council regarding a non-public hearing item that is on the Council's agenda for a regular or special meeting, shall complete a "request to speak" form asking to speak regarding the item and shall return it to the City Secretary before the Council considers the item. The Mayor will call upon the person to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Council except that applicants and their agents on public hearing items shall be allowed to speak for no longer than five (5) minutes or as indicated in paragraph 6.4.d. (5) "Time Limits." The provisions of this paragraph do not apply to workshop meetings, and a person's right to speak and provide input at these meetings shall be limited and controlled by subsection 4.3 (2-29(d)(3)) "Workshop Meetings". c. Public Hearings: Any person who wishes to address the Council at a public hearing is encouraged to complete a "request to speak" form and return it to the City Secretary before the applicable hearing. The Mayor will call upon the person to speak for no longer than three (3) minutes or five (5) minutes for applicants and their agents in accordance with paragraph 6.5(5) "Time Limits." d. Any group or organization comprised of ten or more members present in the City Council Chambers who wishes to address the Council at a public hearing or on a non-public hearing agenda item shall designate a representative to address the City Council and shall limit their PAGE 8 70 S:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.doc remarks to ten (10) minutes or less. The group or organization shall turn in a written designation to the City Secretary prior to the commencement of the meeting identifying the representative who will address the City Council on behalf of the group or organization. 6.5 (5) Time Limits: Speakers before the Council shall limit their remarks to no more than three (3) minutes for public hearing items provided that applicants for land use or other public hearing items and their agents shall limit their remarks to five (5) minutes or less per speaker and shall have a maximum of fifteen (15) minutes to speak to the item. Reports from members of the public shall be limited to four (4) minutes or less. Groups or organizations comprised of ten or more members shall limit their remarks in accordance with the parameters established in paragraph 6.4d (2-29(f)(4). At the discretion of the presiding officer or a majority of the City Council, any speaker may be granted an extension of time to speak. 6.6 (6) Presentation of Proclamations: The agenda may provide a time for the presentation of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the request of citizens. Proclamations may encompass any activity or theme except that proclamations with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall not be used for any commercial or advertising purpose. 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS (2-29(2)) 7.1 (1) Printed or Typewritten Form: All ordinances and resolutions shall be presented to the Council in printed, typewritten or electronic form. The Council may, by proper motion, amend any ordinance or resolution presented to it at the meeting at which it is presented or directs that the amended ordinance be placed on the next or any future Council Agenda for adoption. 7.2 (2) City Attorney to Approve: All ordinances, resolutions, and contracts and amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she shall file a written opinion on the legality of such ordinance, resolution or contract prior to submission to the Council. (Charter, Section 6.02). 7.3 (3) Distribution of Ordinances and Resolutions: The City Manager shall prepare copies of all proposed ordinances and resolutions for distribution to all members of the Council at the meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient. 7.4 (4) Recording of Votes: The yeas and nays shall be taken upon the passage of all ordinances and resolutions and the vote of each member shall be recorded in the minutes. (Charter, Section 2.06 (b)). 7.5 (5) Majority Vote Required: An affirmative vote of four (4) members is necessary to repeal any ordinance or take any official action in the name of the City except as otherwise provided in the Charter, by the laws of the State of Texas, or these Rules. (Charter, Section 2.06). 7.5.1(a) Tie-Vote: Matters voted on by the City Council which end in a tie-vote shall automatically be placed on each subsequent Council meeting agenda until a full Council is present. PAGE 9 71 S:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.doc 7.6 (6) Demand for Roll Call: Upon demand of any member, the roll shall be called for yeas and nays upon any question before the Council, with the exception of those circumstances set forth in Section 7.12, The Previous Question. It shall not be in order for members to explain their vote during the roll call. 7.7 (7) Personal Privilege: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his or her integrity, character, or motives are assailed, questioned, or impugned. 7.8 (8) Dissents and Protests: Any member shall have the right to express dissent from or protest against any ordinance or resolution of the Council and have the reason therefore entered upon the minutes. Such dissent or protest may be filed in writing, and presented to the Council not later than the next regular meeting following the date of passage of the ordinance or resolution objected to. 7.9 (9) Voting Required: No member shall be excused from voting except for lack of information and except on matters involving the consideration of his or her own official conduct, or where his or her personal interests are involved in accordance with Chapter 171, TEX. LOC. GOVT CODE ANN. (Vernon 2009), and in these instances he or she shall abstain. Any member prohibited from voting by personal interest shall announce this at the commencement of consideration of the matter and shall not enter into discussion or debate on any such matter and shall leave the meeting room. The member having briefly stated the reason for his or her request, the excuse from voting shall be made without debate. 7.10 (10) Order of Precedence of Motions: a. The following motions shall have priority in the order indicated: 1. Adjourn (when unqualified) and is not debatable and may not be amended; 2. Take a recess (when privileged); 3. Raise a question of privilege; 4. Lay on the table; 5. Previous question (2/3 vote required); 6. Limit or extend limits of debate (2/3 vote required); 7. Postpone to a certain time; 8. Commit or refer; 9. Amend; PAGE 10 72 S:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.doc 10. Postpone indefinitely; 11. Main Motion. b. The first two motions are not always privileged. To adjourn shall lose its privilege character and be a main motion if in any way qualified. To take a recess shall be privileged only when other business is pending. c. A motion to adjourn is not in order: 1. When repeated without intervening business or discussion; 2. When made as an interruption of a member while speaking; 3. While a vote is being taken. d. Only certain motions may be amended as provided in the most current edition of Robert's Rules of Order, revised. A motion to amend shall be undebatable when the question to be amended is undebatable. 7.11 (11) Reconsideration: A motion to reconsider any action of the Council can be made not later than the next succeeding official meeting of the Council. Such a motion can only be made by a member who voted with the prevailing side. It can be seconded by any member. In order to comply with the Texas Open Meetings Act, any Council member who wishes to make such a motion at a meeting succeeding the meeting where the action was taken shall notify the City Manager to place the item for reconsideration on the Council agenda. No question shall be twice reconsidered, except by unanimous consent of the Council, except that action related to any contract may be reconsidered at any time before the final execution thereof. A matter which was not timely reconsidered in the manner provided by this section or was reconsidered but the action originally taken was not changed by the Council cannot be reintroduced to the Council or placed on a Council meeting agenda for a period of six (6) months unless this rule is suspended as provided for in these Rules of Procedure. 7.12 (12) The Previous Question: When the previous question is moved and seconded, it shall be put as follows: "Shall the main question be now put?". There shall then be no further amendment or debate; except that nothing herein shall allow the previous question to be called prior to a least one opportunity for each member of the Council to speak on the question before the Council. Any pending amendments shall be put in their order before the main question. If the motion for the previous question is lost, the main question remains before the Council. An affirmative vote of 2/3 of the Council shall be required to move the previous question. To demand the previous question is equivalent in effect to moving "That debate now cease, and the Council shall immediately proceed to vote on the pending motion". In practice, this is done with the phrase "Call for the question", or simply saying "Question". 7.13 (13) Withdrawal of Motions: A motion may be withdrawn, or modified, by its movant without asking permission until the motion has been stated by the Presiding Officer. If the PAGE 11 73 SAOur Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.doc movant modifies his or her motion, the seconding council member may withdraw his or her second. After the question has been stated, the movant shall neither withdraw it nor modify it without the consent of the Council. The subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 7.14 (14) Appropriations of Money: Before formal approval by the Council of motions providing for appropriation of money, information must be presented to the Council showing purpose of the appropriation. In addition, before finally acting on such an appropriation, the Council shall obtain a report from the City Manager as to the availability of funds and his or her recommendations as to the desirability of the appropriation. 7.15 (15) Transfer of Appropriations: At the request of the City Manager, at any time during the fiscal year, the Council may by resolution transfer an unencumbered balance of an appropriation made for the use of one department, division, or purpose; but no transfer shall be made of revenues or earnings of any non-tax supported public utility to any other purpose. 8. CREATION OF COMMITTEES, BOARDS AND COMMISSIONS (2-29(h)) 8.1 (1) Council Committees: The Council may, by resolution and as the need arises, authorize the appointment of Council committees. Any committee so created shall cease to exist when abolished by resolution of the Council. 8.2 (2) Citizen Boards, Commissions, and Committees: The Council may create other Committees, Boards and Commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the City Charter or Code. Creation of such Committees, Boards and Commissions and memberships and selection of members shall be by Council resolution if not otherwise specified by the City Charter or Code. Any Committee, Board, or Commission so created shall cease to exist when abolished by a resolution approved by the Council. No Committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter or Code. 8.3 (3) Appointments: a. Individual City Council members making nominations for members to citizen boards and commissions will consider interested persons on a citywide basis. b. The City Council will make an effort to be inclusive of all segments of the community in the board and commission appointment process. City Council members will consider ethnicity, gender, socio-economic levels, and other factors to ensure a diverse representation of Denton citizens. c. The City Council will take into consideration an individual's qualifications, willingness to serve, and application information in selecting nominations for membership to each board and commission. PAGE 12 74 S:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.doc d. In an effort to ensure maximum citizen participation, City Council members will continue the general practice of nominating new citizens to replace board members who have served three consecutive terms on the same board per the provisions of Denton Code of Ordinances, Sec. 2-65. e. Each City Council member will be responsible for making nominations for board and commission places assigned to him or her, which shall correspond to the City Council member's place. Individual City Council members will make nominations to the full City Council for the governing body's approval or disapproval. 8.4 (4) Rules of Procedure: Board, Commission and Committee members shall comply with the provisions of Article III of Chapter 2 of the Code of Ordinances. Each Board, Commission and Committee member shall be provided a copy of these rules of procedure and a copy of the City of Denton Handbook for Boards, Commissions and Committees, which shall govern operational procedures of such Boards, Commissions and Committees. 9. VOTES REQUIRED (2-29 (i)) Questions on which the voting requirement is varied by the Charter, State Statutes and these rules are listed below: 9.1 (1) Charter and State Statutory Requirements: a. Charter Amendment - Five Votes: Ordinances submitting proposed Charter amendments must be adopted by a two-thirds vote of the Council. (Article XI, Section 3, Texas Constitution and Chapter 9, Texas Local Government Code (Vernons 2009.) For a seven member Council, this means five members must vote affirmatively. b. Lev dung Taxes - Five Votes: Ordinances providing for the assessment and collection of certain taxes require the approval of two-thirds of the members of the Council (Section 302.101 Texas Tax Code) (Vernons, 2009). c. Changing Paving Assessment Plans - Five Votes: Changes in plans for paving assessment require a two-thirds vote of the Council (Section 313.053(e) Transportation Code, Vernons 2009). d. Changes in Zoning Ordinance or Zoning Classifications: In cases of a written protest of a change in a zoning regulation or zoning classification by the owners of twenty (20%) percent or more either of the area of the lots included in such proposed change, or of the lots immediately adjoining the same and extending two hundred feet (200') therefrom, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the City Council; six (6) votes of the City Council is required to override the decision of the Planning and Zoning Commission that a zoning change be denied (Section 211.066 Tex. Loc. Gov't Code and Section 35.3.4.C.(4) Denton City Code (Development Code). PAGE 13 75 S:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.doc e. Amendment of Tax Abatement Policy: The guidelines and criteria adopted as the City's Tax Abatement Policy may be amended or repealed by a vote of three-fourths (3/4) of all members of the City Council (Section 312.002(c)) Texas Tax Code (Vernon 2009). 10. SEVERABILITY CLAUSE (2-29(i)) That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or 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 2. That Ordinance No. 2008-159 is hereby repealed. SECTION 3. That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MAI& A. 9ORROUGHS~ MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B : i" - ( 1 IAX_4~ AP OVED TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY P BY: ~Z \A/\4 I PAGE 14 76 Odocuments and settings\jerichar\desktoplcommittees reso 3 compare.doc RESOLUTION NO. R2009- A RESOLUTION RE-ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO BE KNOWN AS THE AUDIT/FINANCE COMMITTEE AND ASSIGNING IT ADDITIONAL DUTIES; DISSOLVING THE INVESTMENT COMMITTEE; RESCINDING RESOLUTION NO. R2006-013, R2006-026, AND SECTION V. OF THE ATTACHMENT TO RESOLUTION NO. R2008-009: FURTHER, RE-ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL TO BE KNOWN AS THE APPOINTEE PERFORMANCE REVIEW COMMITTEE: RESCINDING RESOLUTION NO. R2007-043; FURTHER RE-ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL TO BE KNOWN AS THE CITY COUNCIL COMMITTEE ON THE ENVIRONMENT; RESCINDING RESOLUTION NO. R2005-040; FURTHER, RE- ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL ETHICS COMMITTEE; FURTHER, ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL HOTEL OCCUPANCY TAX (HOT) COMMITTEE; FURTHER, RE-ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL MOBILITY COMMITTEE; RESCINDING RESOLUTION NO. R2005-041; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton deems it to be in the best interest of the City and beneficial to enhanced efficiency of governmental operations to consolidate the resolutions and ordinances creating the City Council oversight committees; and WHEREAS, the City Council opines that appointments to Council committees will be made in a more timely fashion upon the consolidation of the resolutions and ordinances creating these City Council committees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: TITLE 1. RELATING TO THE AUDIT/FINANCE COMMITTEE SECTION 1. History of the Audit/Finance Committee and findings. A. On April 18, 2006, the Denton City Council established an Audit/Finance Committee by Resolution No. R2006-013 (as amended by Resolution No. R2006-026) to act as an advisory body to the Denton City Council to provide governance and oversight of the organization's audit activities, internal controls, and financial and operational reporting. B. On February 17, 1987, the Denton City Council approved a resolution creating an Investment Policy and establishing an Investment Committee by Resolution No. R87-019. 77 Odocuments and settings\jerichar\desktop\committees reso 3 compare.doc C. The City Council is of the opinion and hereby finds, that it is in the public interest that an Audit/Finance Committee be re-established and that such Committee should meet regularly to determine general investment strategies and to monitor such results. SECTION 2. Re-establishment of the Audit/Finance Committee and statement of duties and purpose of the Committee. A. The City Council hereby re-establishes a standing Audit/Finance Committee to be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council.. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to assist the City Council in fulfilling its organizational oversight responsibilities relating to the audit function, the investment function, and any other financial related activities as delegated by the City Council. Further, the Committee shall assist Council in its oversight duties related to the City's internal audit function as needed or as directed by Council. SECTION 3. The Investment Committee shall be dissolved and its duties and responsibilities are included in the duties of the Audit/Finance Committee as outlined in Section 2.C. SECTION 4. Resolutions No. R2006-13, 82006-026 and Section V. of the attachment to Resolution No. R2009-006 are hereby rescinded. TITLE II. RELATING TO THE CITY COUNCIL APPOINTEE PERFORMANCE REVIEW COMMITTEE SECTION 1. History of the City Council Appointee Performance Review Committee and findings. A. On December 11, 2007, the Denton City Council re-established the City Council Appointee Performance Review Committee by Resolution No. R2007-043 to act as an advisory body to the Denton City Council to recommend performance review standards to the City Council for City Page 2 of 8 78 Odocuments and settines\jerichar\desktop\committees reso 3 compare.doc Council appointees, to include the City Manager, City Attorney, Municipal Court Judge and City Auditor. B. The Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. SECTION 2. Re-establishment of the City Council Appointee Performance Review Committee and statement of duties and purpose of the Committee. A. The City Council hereby re-establishes the City Council Appointee Performance Review Committee as a standing committee of the City Council. The Committee shall consist of three (3) City Council members to be appointed by the Mayor of the City of Denton, and approved by the Denton City Council. The City Manager will be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to assist the City Council in performance review of the City Council appointees and to insure that the appointees' job descriptions are accurate and properly reflect current job duties in order to make recommendations to the City Council to assist the Council in evaluating the job performance of the Council Appointees. Additionally, the Committee will make recommendations regarding employment agreements, including renewals, of council appointee positions and any other duties as assigned by the City Council. SECTION 3. Resolution No. R2007-043 is hereby rescinded. TITLE III. RELATING TO THE COMMITTEE ON THE ENVIRONMENT SECTION 1. History of the Committee on the Environment and findings. A. On October 18, 2005, the Denton City Council established the City Council Committee on the Environment by Resolution No. R2005-040 to act as an advisory body to the Denton City Council to address issues facing the Council that deal with Denton's stewardship, management, and conservation of environmental issues, environmental resources and related matters. Page 3 of 8 79 cAdocuments and settings\jerichar\desktop\committees reso 3 compare.doc B. The City Council is of the opinion and hereby finds, that it is in the public interest that the City Council Committee on the Environment be re- established as a standing committee and that such Committee should meet regularly to consider environmental matters impacting the City of Denton and to recommend appropriate action to the City Council, as necessary. SECTION 2. Re-establishment of the City Council Committee on the Environment and statement of duties and purpose of the Committee. A. The Denton City Council hereby re-establishes a standing committee to be called the City Council Committee on the Environment. The Committee shall consist of three (3) City Council members who will be appointed by the Mayor of the City of Denton and approved by the Denton City Council. The City Manager will be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties of the Committee shall be to review, discuss, deliberate and consider environmental issues and resources and make recommendations to the Denton City Council. The Committee will also deliberate and make recommendations regarding any other matter delegated to the Committee by the City Council. SECTION I Resolution No. R2005-040 is hereby rescinded. TITLE IV. RELATING TO THE CITY COUNCIL ETHICS COMMITTEE SECTION 1. History of the City Council Ethics Committee and findings. A. On September 7, 2004, the Denton City Council established the City Council Ethics Committee by Ordinance No. 2004-255, which is being rescinded by Ordinance No. 2009-137 adopted on this date, to act as an advisory body to the Denton City Council on issues that may arise under the Ethics Policy for the City of Denton. B. The Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. Page 4 of 8 80 cAdocuments and settingss\jerichar\desktop\committees reso 3 compare.doc SECTION 2. Re-establishment of the City Council Ethics Committee and statement of duties and purpose of the Committee. A. The City Council hereby re-establishes the City Council Ethics Committee as a standing committee of the City Council. The Committee shall consist of three (3) City Council members to be appointed by the Mayor of the City of Denton, and approved by the Denton City Council. The City Manager, or his or her designee, shall serve as the recording secretary to the Committee and shall provide such administrative services as necessary. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to advise the Denton City Council on the Ethics Policy and to gather information from the Citizens of Denton regarding the Ethics Policy, conduct hearings and inquiries as herein set forth and consider other matters as delegated by the City Council. SECTION 3. Any person, including, any Elected or Appointed Official of the City of Denton, or any person acting on behalf of a public or private entity may request the Committee to consider an issue arising under the Ethics Policy by filing a written Notice of Potential Violation, ("Notice"), of the Ethics Policy with the City Secretary. The City Secretary shall make a copy of the Notice and provide a copy of the Notice to the Elected or Appointed Official who is named in the Notice, and to the Chair of the Committee. Within thirty days, the Chair shall place the notice on the Agenda of the Committee and the Committee shall provide notice of the meeting to the Elected or Appointed Official, and meet and conduct hearings, as necessary. The Committee may, in its discretion, determine to advise the City Council on the Notice. The Committee may extend this time period if the Committee needs additional information in order to properly advise the City Council regarding any issues raised in the Notice. VI. RELATING TO THE CITY COUNCIL HOTEL OCCUPANCY TAX (HOT) COMMITTEE SECTION 1. History of the City Council Hotel Occupancy Tax Committee and findings. A. The Denton City Council adopted Ordinance No. 75-53 on December 16, 1975, amending Chapter 23 of the Code of Ordinances by adding Article I entitled "Hotel Occupancy Tax" which provides for the collection of a hotel occupancy tax. Page 5 of 8 81 Odocuments and settings\jerichar\desktop\committees reso 3 compare.doc B. On January 6, 1976, the Denton City Council entered into a contractual agreement with the Denton Chamber of Commerce to promote tourism and advertise the City of Denton as a potential site for public meetings and conventions. C. By consensus of the Denton City Council at their work session of September 20, 1994, three representatives of the Denton City Council have served annually on a Hotel Occupancy Tax Fund Committee to monitor allocation and use of hotel occupancy funds. D. The Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. SECTION 2. Re-establishment of the City Council Hotel Occupancy Tax (HOT) Fund Committee and statement of duties and purpose of the Committee. A. The City Council hereby re-establishes a standing committee to be called the HOT Committee. The Committee shall be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to monitor allocation and use of hotel occupancy tax funds, ensuring funds are being used to directly enhance and promote tourism and the hotel/convention industry, recommend organizations to receive funding to the City Council, and other duties as delegated by the City Council. SECTION 3. Members of the Committee shall also serve as members of the Denton Live Advisory Board. VII. RELATING TO THE CITY COUNCIL MOBILITY COMMITTEE SECTION 1. History of the City Council Mobility Committee and findings. A. The Denton City Council, on October 18, 2005, heretofore established the City Council Mobility Committee by Resolution No. R2005-041 to act as Page 6 of 8 82 Odocuments and settings\jerichar\desktop\committees reso 3 compare.doc an advisory body to the Denton City Council regarding local and regional transportation issues. B. The Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. SECTION 2. Re-establishment of the City Council Mobility Committee and statement of duties and purpose of the Committee. A. The City Council hereby re-establishes a standing committee to be called the City Council Mobility Committee. The Committee shall be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to review; consider and make recommendations to the City Council regarding any changes to the Mobility Plan; local transportation policy, any items concerning regional transportation policies and activities and other duties as delegated to the Committee by the City Council. SECTION 3. " Resolution No. R2005-041 is hereby rescinded. VIII. RELATING TO ALL CITY OF DENTON CITY COUNCIL COMMITTEES A. ALL COMMITTEES are subject to the provisions of Texas Government Code §§551 and 552, as amended, and its meetings shall be posted in compliance with the Texas Open Meetings Act. Minutes and records will be maintained in accordance with requirements of the city secretary's office. B. This Resolution shall become effective immediately upon its passage and approval. Page 7 of 8 83 PASSED AND APPROVED this the day of )2009. MARK A. B GHS. MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Lz r Page 8 of 8 84 ADA/EOE/ADEA TDD: (800) 735-2989 www.citvofdenton.com Resolution No. R2009-032 Published 11/2009 RESOLUTION 1 SA0ur Documents\Resolutions\09\DCAD Casting Votes.doc RESOLUTION NO.®O~^ A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas, hereby casts 95 votes for Rick Woolfolk and 95 votes for Charles Stafford for membership to the Board of Directors of the Denton Central Appraisal District for the County of Denton, Texas. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. _Z 7 M A. B OU S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 4 BY: APPR ED AS O LEGAL FORM.- ANITA BURGESS, CITY ATTORNEY BY: Un N! RESOLUTION " +l sAour documents\resolutions\09\step resolution.doc RESOLUTION NO. DO ^ a A RESOLUTION OF THE CITY OF DENTON, TEXAS, CERTIFYING FUNDING AND SUPPORT FOR THE 2009 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM NOMINATION FORM WITH THE TEXAS DEPARTMENT OF TRANSPORTATION, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO RECEIVE FUNDING TO CONSTRUCT THE HICKORY STREET CORRIDOR AND ENTERTAINMENT DISTRICT PROJECT UNDER THE PROGRAM AND, IF THE GRANT IS APPROVED, TO EXECUTE THE GRANT AGREEMENT AND TAKE OTHER ACTIONS NECESSARY TO IMPLEMENT THE GRANT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, (City) wishes to improve the safety and efficiency of the movement of people by walking or bicycling; and WHEREAS, the Hickory Street Corridor and Entertainment District is a viable and important asset to the City, County, region and local businesses; and WHEREAS, the construction of the Hickory Street Corridor and Entertainment District will accomplish the intention of the City; and WHEREAS, the City Manager anticipates funding for the Hickory Street Corridor and Entertainment District will be available through the Texas Department of Transportation's 2009 Statewide Transportation Enhancement Program (STEP) Nomination Form; and WHEREAS, the City Council deems it in the public interest to support the STEP and to apply for STEP financing of the Hickory Street Corridor and Entertainment District; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings set forth in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. The City Manager or his designee is hereby authorized to submit an application on behalf of the City of Denton to the Texas Department of Transportation (TxDOT) through the STEP for funding to make the necessary improvements to accomplish a safe pedestrian and bicyclist path for connecting the proposed transit station with downtown through the Hickory Street Corridor and Entertainment District. SECTION 3. Should TxDOT approve funding for the Hickory Street Corridor and Entertainment District through the STEP, the City agrees to commit to the project's development, implementation, construction, maintenance, management and financing, including providing the required local match at 20 percent or greater of the total project cost, including being responsible for all non-federally fundable items and 100 percent of all cost overruns. The City Manager, or his designee, is hereby authorized to execute a Grant Agreement with TxDOT after the Agreement is approved by the City Attorney, and to exercise all rights and duties of the City of Denton under this Agreement. sAour documents\resolutions\09\step resolution.doc i SECTION 4. The City Manager, or his designee, is the City's authorized representative who is directed to comply with any assurances, conditions, or agreements required to be executed, to take all actions required under the STEP and to make expenditures of all the funds required to be expended or received by the City under the STEP grant as its share of the STEP. SECTION 5. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the - day of , 2009. ~1: Ir A MARK A. B O i S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP i VED AUTO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 Ordinance for STEP Grant City of Denton, Texas RESOLUTION \\codad\departments\legal\our documents\resolutions\09VAot cooper creek step resolution.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS CERTIFYING FUNDING AND SUPPORT FOR THE 2009 STATE WIDE TRANSPORTATION ENHANCEMENT PROGRAM NOMINATION FORM WITH THE TEXAS DEPARTMENT OF TRANSPORTATION, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO RECEIVE FUNDING TO CONSTRUCT THE COOPER CREEK BIKE AND PEDESTRIAN TRAIL PROJECT UNDER THE PROGRAM AND, IF THE GRANT IS APPROVED, TO EXCUTE THE GRANT AGREEMENT AND TAKE. OTHER ACTIONS NECESSARY TO IMPLEMENT THE GRANT; AND PROVIDING AND EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, (City) wishes to improve the safety and efficiency of the movement of people by walking or bicycling; and WHEREAS, the Cooper Creek Bike and Pedestrian Trail is a viable and important asset to the City, County, region and local businesses; and WHEREAS, the construction of pedestrian and bicycle trail along the Cooper Creek from TXDOT FM 2164 (North Locust Street) at Evers Park to the North Pointe Park, continuing to the University of North Texas School of Engineering will accomplish the intention of the City; and WHEREAS, the City Manager anticipates funding for the Cooper Creek Bike and Pedestrian Trail will be available through the Texas Department of Transportation's 2009 Statewide Transportation Enhancement Program (STEP) Nomination Form; and WHEREAS, the City Council deems it in the public interest to support the STEP and to apply for STEP financing of the Cooper Creek Bike and Pedestrian Trail; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings set forth in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2: The City Manager or his designee is hereby authorized to submit an application on behalf of the City of Denton to the Texas Department of Transportation (TxDOT) through the STEP for funding to make the necessary improvements to accomplish a safe pedestrian and bicyclist path for connecting TXDOT FM 2164 (North Locust Street) at Evers Park to the North Pointe Park, continuing to the University of North Texas School of Engineering. SECTION 3: Should TxDOT approve funding for the Cooper Creek Bike and Pedestrian Trail through the STEP, the City agrees to commit to the project's development, implementation, construction, maintenance, management and financing, including providing the required local match at 20 percent or greater of the total project cost, including being responsible for all non- federally fundable items and 100 percent of all cost overruns. The City Manager, or his designee, is hereby authorized to execute a Grant Agreement with TxDOT after the Agreement is s r approved by the City Attorney, and to exercise all rights and duties of the City of Denton under this Agreement. SECTION 4: The City Manager, or his designee, is the City's authorized representative who is directed to comply with any assurances, conditions, or agreements required to be executed, to take all actions required under the STEP and to make expenditures of all the funds required to be expended or received by the City under the STEP grant by the City as its share of the STEP. SECTION 5: This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ) 2009. Q 1~IARK~`BU 0P~ROU6HSMAYOR RATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: RESOLUTION sAour documents\resolutions\09\airpon tceq license agreement.doc RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) GRANTING A LICENSE TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ FOR AN AIR POLLUTION MONITORING STATION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Manager recommends that the City accept an Agreement with the Texas Commission on Environmental Quality ("TCEQ") on locating an Air Monitoring Station at the Denton Municipal Airport, and WHEREAS, the City Council deems the acceptance of this Agreement to be in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Manager or his designee is hereby authorized to execute an agreement between the City of Denton and the Texas Commission on Environmental Quality (TCEQ) at the Denton Municipal Airport, which is attached to and made a part of this resolution for all purposes and to exercise all rights and duties of the City of Denton under the Agreement. SECTION 2. This resolution shall become effective immediately upon its passage and approval. ~G _ PASSED AND APPROVED this the day of , 2009. l h MARK A~BURROYrHS, MAYOR ATTEST` JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § That the City of Denton, a municipal corporation in Denton County, Texas acting herein by and through its duly authorized City Manager, hereinafter called "City" and the Texas Commission on Environmental Quality (TCEQ, an agency of the State of Texas, acting herein by and through its duly authorized Regional Manager, hereinafter called "TCEQ or Licensee", hereby make and enter into the following agreement. 1. City hereby grants unto Licensee a revocable license and privilege to use and occupy a parcel of land, a part of Denton Municipal Airport in Denton, Denton County, Texas, as shown on the attached Exhibit "A" which is hereby incorporated herein by reference and made a part hereof. II. The term of this agreement shall be ten (10) years beginning December 1, 2009 and ending on November 30, 2019; provided however, that either the City or Licensee shall have the right to cancel this agreement by delivering written notice of such cancellation thirty (30) days before the effective date of such cancellation to the other party listed below: LICENSEE: Adam R. Campbell, Network Coordinator Texas Commission on Environmental Quality 12100 Park 35 Circle, Bldg. B MC-165 Austin, Texas 78753 CITY: George C. Campbell, City Manager City of Denton, Texas 215 East McKinney Denton, Texas 76201 III. Licensee recognizes that the City of Denton reserves the right to develop any and all land on the Airport. The City will not be held liable for the effects of current or future development which may cause the inaccuracy of the Air Pollution Monitoring Station. IV. Licensee agrees to use the said land only for an Air Pollution Monitoring Station. Licensee recognizes that said land is part of the Municipal Airport of the City of Denton and agrees that any improvements erected or installed and all activities conducted thereon shall be in 1 strict compliance with all regulations and requirements of the Federal Aviation Administration and all applicable federal, state and local laws, statutes, charters and ordinances. V. TCEQ acknowledges that it is not an agent, servant, or employee of the City, and that it is responsible to the extent provided by the Texas Tort Claims Act for its own acts and deeds and for those of its agents, servants, or employees during the term of this license. VI. Licensee agrees to pay the City as consideration for the use of said land the sum of One Dollar ($1.00) per year, the receipt and sufficiency of which is hereby acknowledged. S~ EXECUTED at Denton, Denton County, Texas, this the day of 2009 CITY OF DENTO TEXAS COMMISSION ON ENVIRONMENTAL QUALITY: bIN&GE"C. CAMPBELL CITY MANAGER ATTEST: ATTEST: JENNIFER VVALTERS, CITY SECRETARY CITY OF DENTON, TEXAS BY: )0 AO-PE( BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY CITY OF DENTON, TEXAS BY: 2 Exhibit "A" AIR MONITORING SITE AGREEMENT The City of Denton (hereafter the Licensor) hereby agrees to permit the Texas Commission on Environmental Quality (hereafter the Licensee or the TCEQ) to locate and operate a continuous air monitoring station on land owned by the Licensor located at 5581 Jim Cristal Rd, Denton, TX 76207 (the Property). In consideration for such permission, the TCEQ shall provide the Licensor full access, via the TCEQ web page, to the monitoring information gathered by TCEQ from the air monitoring station situated at the Property. The term of this Agreement is five years from the date this Agreement is executed, and is renewable for a five-year term thereafter, upon agreement by the TCEQ and the Licensor. 1. Equipment Site Location at the Property (the Site) At 5581 Jim Cristal Road Denton, TX 76207 located on the property of the Licensor. 2. Air Monitoring Equipment The proposed method of monitoring is with a continuous air monitoring system housed in a fiberglass trailer with metal roof plus auxiliary equipment outside the trailer, including a 10 meter weather tower. The station will require a ground space approximately 1600 square feet. The trailer will be environmentally controlled and will contain instrumentation, as deemed appropriate by the TCEQ as well as peripherals required for the proper operation of the instruments. 3. Provision for Utilities The TCEQ will arrange and pay for phone and electrical installation and service. 4. Occupation of the Station The station will normally be unmanned, except for routine maintenance visits by TCEQ staff, agents or contractors (per Section 5, infra) occurring approximately twice a week. 5. Right of Access The TCEQ, its employees, agents, and equipment service contractors will have the right of ingress and egress to the property, during regular working hours, at the direction of the Licensor's staff maintaining or in possession of the property, subject to the Licensor's property management policies and practices, and not inconsistent with the Licensor's primary use of the Property and other operations incident thereto. 6. Liability and Indemnity The TCEQ acknowledges that it is not an agent, servant, or employee of the Licensor, and that it is responsible, to the extent provided by law, for its own acts and deeds and for those of its agents, servants or employees during the term of this Agreement. In accordance with the Texas Tort Claims Act, Civ. Rem & Prac. Code Chapter 101 (Vernon's 2000), the TCEQ will indemnify the Licensor for tort claims arising from the negligent maintenance or operation of the equipment, provided the legislature appropriates funds to satisfy such claims. However, as restricted by the Texas Constitution, any provision in this Agreement creating a debt against the State is void ab initio. Further, in no way does the foregoing declarations waive the State's sovereign immunity. 7. Restoration of Property The TCEQ shall make reasonable repairs and/or replace any property of the Licensor damaged by the TCEQ's operations conducted at the Site, to the extent funds are made available by the Texas Legislature for such purpose. Upon removal, and at the request of the Licensor, the TCEQ shall restore the Site to the condition it was in prior to the installation of the monitoring equipment, to the extent funds are made available by the Texas Legislature for such purpose. 8. Equipment to Remain the Property of the TCEQ All equipment installed at the Site to support TCEQ's air monitoring operations (whether or not said equipment constitutes a fixture under Texas Property Code) shall remain the property of the TCEQ. 9. Notice of Termination If the Licensor wishes to terminate this Agreement and reclaim possession and use of the Site, the Licensor shall give the TCEQ forty-five (45) days written notice of Termination. Under such circumstances, Licensor shall make a reasonable effort to assist TCEQ in locating an alternative Site in the general vicinity. The TCEQ may also terminate this Agreement upon thirty (30) days written notice to the Licensor. 10. Removal of Equipment Within sixty (60) days of receiving Notice of Termination of this Agreement, the TCEQ shall remove any equipment placed at the Site pursuant to this Agreement. 11. Sovereign Immunity The Licensor agrees that by entering this Agreement, TCEQ does not wave the State's sovereign immunity relating to suit, liability, and the payment of damages. The parties agree that all claims, suits, or obligations arising under or related to this Agreement are subject and limited to the availability of funds appropriated by the Texas legislature for that respective claim, suit, or obligation. 12. Severability The fact that a particular provision is held under any applicable law to be void or unenforceable in no way affects the validity of other provisions and the Agreement will continue to be binding on both parties. Any provision that is held to be void or unenforceable will be replaced with language that is as close as possible to the intent of the original provision. 13. Entire Agreement This Agreement constitutes the entire agreement of the parties as to the subject matter contained herein and may not be changed, modified, discharged, or extended except by written instrument duly executed on behalf of the parties. IN WITNESS WHEREOF, TCEQ and Licensor have signed this Agreement.` _r v 1 r- Texas Commission on Environmental Quality City of Denton <<% _ By: By: (Signature) (Sign ture) Matthew R. Baker, RE ~ C02 6 J • ~;qlV~G (Printed Name) (Printed Name) Monitoring Operations Division Director Denton City Manager (Title) (Title) /Z lD//D (Date Signed) (Date Signed) RESOLUTION RESOLUTION NO. 2OD9- D A RESOLUTION OF THE CITY OF DENTON, TEXAS, REGARDING THE TERM OF THE EMPLOYMENT AGREEMENT, DATED JUNE 5, 2007, BETWEEN THE CITY OF DENTON AND THE CITY AUDITOR, SAID TERM PROVIDING FOR AUTOMATIC RENEWAL OF ONE YEAR UNLESS A WRITTEN NOTICE OF NO LESS THAN THIRTY (30) DAYS IS PROVIDED PRIOR TO JANUARY 1, 2010 WHEREAS, the City of Denton, Texas, a Texas municipal corporation, hereinafter called "Employer" and the City Auditor, Steve Shepherd, hereinafter called "Employee" entered an Employment Agreement on June 5, 2007; and_ WHEREAS, said Employment Agreement between Employer and Employee appointed Mr. Shepherd as City Auditor of the City of Denton and as a City Council appointee; and WHEREAS, said Employment Agreement provides a term wherein the Employee agreed to remain in the employment of Employer, that term being until January 1, 2010; and WHEREAS, Employer and Employee now desire to change the term of the Employment Agreement to end on March 1, 2010 rather than January 1, 2010; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council, as Employer, does hereby authorize the Mayor to enter an amendment to the above referenced Employment Agreement to extend the term of said agreement to March 1, 2010. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. st PASSED AND APPROVED this the day of 41,4el&4tl , 2009. MA A. -O ~ O GHS AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Iz~ . FIRST AMENDMENT TO EMPLOYMENT AGREEMENT This First Amendment to that certain Employment Agreement which was made and executed on June 5, 2007 by and between the City of Denton, Texas, a Texas municipal corporation, hereinafter called "Employer", and Steve Shepherd, hereinafter called "Employee", both of whom agree as follows: Witnesseth Whereas, Employee and Employer deem it to be in the mutual interest of both parties to amend that certain Employment Agreement referred to hereinabove: Now, therefore, in consideration of the mutual covenants contained therein, the parties agree as follows: SECTION 1. Section 2 C of the said agreement is hereby amended to read as follows: C. Employee shall assume the duties of a City Council appointed Internal Auditor on June 18, 2007 and agrees to remain in the exclusive employ of Employer until March 1, 2010, and neither to accept other employment nor to become employed by any other employer until this agreement is terminated by either party as provided herein. This agreement shall automatically renew for successive one year terms unless Employer gives Employee at least 30 days written notice of termination prior to such one year extension. The term "employed" shall not be construed to include occasional teaching, writing, or consulting performed on Employee's time off, so long as it is approved in accordance with Section 8 hereof. Section 2. All other provisions of the said Employment Agreement shall remain in full force and effect. IN WITNESS HEREOF, the Mayor as duly authorized by the City Council on behalf of the City of Denton, has signed and executed this agreement and the Employee has signed and executed: this agreement, both in duplicate, this 1St day of December, 2009. CITY NTON MA k K A.\BURI OU)GHS, " AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:0PZnW'j / fl /jaj ~ Q~ 61 D4 ic"'d APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY s BY: L L4,a AGREED TO AND ACCEPTED BY: STEVE SH ERD RESOLUTION r sAour documents\resolutions\09\dcta board appt 2009.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPOINTING ONE MEMBER AND TWO ALTERNATES TO THE BOARD OF DIRECTORS OR EXECUTIVE COMMITTEE OF THE DENTON COUNTY TRANSPORTATION AUTHORITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 460.054(b)(1) of the Transportation Code authorizes the governing body of the City of Denton to appoint one member to the Board of Directors or Executive Committee (the "Authority Board") of the Denton County Transportation Authority (the "Authority"); and WHEREAS, pursuant to Resolution No. R2008-028 the City Council of the City of Denton appointed Guy McElroy as the City of Denton representative to the Authority Board and confirmed Mark Nelson as the First Alternate and Howard Martin as the Second Alternate, each for a two-year term; and WHEREAS, the two year term expired on November 12, 2009 and the City Council deems it be in the public interest to appoint a member and two alternates to the Authority Board for a two year term; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this Resolution are incorporated herein by reference. SECTION 2. Guy McElroy is hereby appointed as a member to the Authority Board and as a representative for the City of Denton, Texas. Mr. McElroy is qualified to serve on the Authority Board as having. professional experience in the field of transportation, business, government, engineering, or law. SECTION 3. The City Manager is hereby authorized to send a certified copy of this Resolution to appropriate officials of the Authority. SECTION 4. All previous resolutions and orders or parts of resolutions or orders in force when the provisions of this Resolution become effective which are inconsistent or in conflict with the terms or provisions contained in this Resolution are hereby repealed to the extent of any such conflict. SECTION 5. This Resolution shall become effective immediately upon its passage and approval. - c PASSED AND APPROVED this the 1-~ day of , 2009. ARK B G S, AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2