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Home My WebLink AboutResolutions 2010s:\our documei�tsUesolutions\I O�reso ] 1 1 congressional priority projects Ol 1210.doc I RESOLUTION NO. RZO 10-001 A RESOLUTION OF THE CITY OF DENTON, TEXAS, ADOPTING THE CITY OF DENTON'S 111TH CONGRESS� ZND SESSION CONGRESSIONAL PRIORITY PROJECTS; AND PROVIDING AN EFFECTNE DATE. WHEREAS, the Second Session of the 111 t" Congressional Session is scheduled to convene in January 2010; and � WHEREAS, our congressional delegation has made a request for congressional priority proj ects which are proj ects that are eligible for Federal funding; and WHEREAS, the City Council desires to approve the City of Denton's 111 th Congress, 2nd Session Congressional Priority Projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION l. The City of Denton's .l 11 `h Congress, 2"d Session Congressional Priority Proj ects are approved as set forth in Exhibit "A" and incorporated herein and made a part of this Resolution for all purposes. � SECTION 2. The Mayor and City Council, City Manager, and the City Attorney, or their designees, shall communicate the items included in the City of Denton's 111 th Congress, 2°d Session Congressional Priority Projects to members of our cong�ressional delegation. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. � Zl , PASSED AND APPROVED this the � day of , 2010. �-� MARK�B �LT1��6UG S, MAYOR �� ATTEST.: - JENNIFER WALTERS, CITY SECRETARY � APPR VED AS�'TO LEGAL FORM: ANI A BURGESS, CITY ATTORNEY ��; ¢ ., BY: , � ` �� r �; a � Cit Officials v Mayor Mark Burroughs Mayor Pro Tem Pete Kamp Councilmember Joe Mulroy Councilmember Charlye Heggins Councilmember Jim Engelbrecht Councilmember Chris Watts ' Councilmember Dalton Gregory CITY STAFF City Manager George Campbell Assistant City Manager Howard Martin Assistant City Manager Jon Fortune Assistant City Manager Fred Greene For more information please contact: John Cabrales Public Information/Intergovernmental Relations Officer 215 E. McKinney St. Denton, TX 76201 940-349-8509 john.cabrales@cityofdenton.com � � Table of Cor�tents PROJECTS Priority Projects: Denton Airport Operating Safety Enhancements Downtown Denton Development Improvements � Denton Regional Public Safety Training Facility � Denton Municipal Electric AMI/Smart Grid Project CITY OF PAG E 2 0 C� : _, � � � Denton Airport [DTOI Operating Safety Enhancements The City of Denton appreciates the continued support of oue Congressional Delegation for safety and security enhancements at Denton Airport (DTO). Recent funding approvals for a perimeter security fence have helped support expansion of airfield service for more and larger sircraft. DTO plays an important role in the regional economy, serving as a general aviation hub for North Texas. As the aviation industry continues to grow and private pilot use of our Airport increases, the demand for safe aircraft operation areas also increases. Past development at DTO has resulted in millions of dollars of private investment creating over 300 permanent jobs in the aviation industry locally. In addition to this economic simu- lus, DTO hosts an international pilot training program with over 150 enrolled student pilots. This aviation activity has resulted in over 280 aircraft ranging in size from small training aircraft to large commercial jets based at DTO. Secrurity for these aircraft is crucial in order for the Airport to continue safe flight operations and maintain its growth. The Denton Airport is requesting $890,000 in discretionary funding to provide additional aircraft operation areas (ramp expansion) to enhance the safe ingress and egress of aircraft between active taxiways and service locations on the Airport. DTO currently experiences over 150,000 documented operations annually during the twelve (12) hours of daily air traf- fic control tower operation. Flight training during non-operating hours for the DTO control tower adds an estimated 50,000 additional operations annually. Currently, taxiways and air- craft operating areas are congested and in need of additional paved surface for safe aircraft maneuvering. , ,. - CITY ( OF DEleTTON 11'ith CONGRESS 2nd Session Projects completed in recent years at DTO include: • Completion of a new terminal and administrative building; • Completion of a new parallel taxiway which can serve as an emergency landing surface should the primary runway become unavailable; Current infrastructure improvement projects include: • Extension of the primary runway to 7,000 feet; (completion December 2010) • Construction of new taxiway to serve 34 new hangers development lots; (completion June 2010) • Perimeter security fencing to enhance safety and increase charter service. (completion April 2010) Each of these improvements has contributed to new economic activity at DTO and increased the amount of aircraft moving in and through the Airport. � For more information please contact: Airport Quentin Hix Denton Airport Manager 5000 Airport Road Denton, TX 76207 940-349-7744 quentin.hix�a cityofdenton.com Westbound view of Hickory St. at Bell Ave. Den�on Downtown Deuelopment Improuements: Nickory Street Corridor Project The Hickory Street Corridor Project will link Downtown Denton's historic square (listed on the National Register of Historic Places) to the future Denton County Transportation Author- ity (DCTA) rail station and the Multimodal Transit Facility on the east and to the University of North Texas (UNT) to the west. This connectivity is critical to the City of Denton as we work to improve mobility to and through our powntown Square. The imminent arrival Summer 2011 of the commuter train is expected to spur mixed use development in the area. Several local and metroplex developers have expressed interest in developing a combination of office, retail, and residential uses adjacent to the Downtown transit station. New residents in this area will need a walkable route to the Downtown Square. Denton has already completed a$1 million streetscape project o the face of the square. The "outer square" streets have been funded with city ($2.8 million) and federal ($900,000) dollars. Cedar Street (Phase One, to the East of the square) was completed in July 2008; plans for Walnut Street (Phase Two, to the South) are underway and should be completed by 2011. The improvements to Hickory Street and its sidewalks are a key component in Denton's Master Plan that currently lacks funding. The project will also include streetscape, bike lanes and narrowing the street to slow traffic, making it safer for pedestrians. The hickory Street project is needed to Artist redenering of the Mu/timodal Transit Facility CITY � DEN7CON 111th CONGRESS 2nd Session promote access for the additional pedestrian and bicycle traffic generated by the transit project, as well as the more than 40,000 university Students (UNT and Texas Womans' University) who commute to Denton each day. The Hickory Street Corridor willfulfill the City's goal of making this area more "green," by encouraging people to park their vehicles and walk or bike to their destination in Denton's core and encourage new projects and businesses that fir with sustainable development. In 2007, the City selected a site for the $3.1 million Downtown Denton Multimodal Transit facility that will complement the proposed DCTA commuter rail station off of E. Hickory Street and Railroad Ave. The Hickory Street Corridor will be the critical link from the station to historic downtown and to the universities. The City greatly appreciates the federal funding the delegation obtained for this project. Artist rendering of possible improvements to Hickory Street. r� Denton Regional Public SafetyTraining Facility The City of Denton appreciates the FY 2008 funding provided for this project, is requesting $4.1 million in discretionary funding for technology uses associated with the planned construc- tion of a state-of-the-art joint police and fire regional public safety training facility. The new facil- ity presents the City of Denton an opportunity to become a leader in setting higher standards for quality emergency service training, which adds to homeland security preparedness and im- proved community safety. The City expects to exceed both the academic and technical require- ments for emergency responders as well as responders from the entire region. Partnerships with area colleges, as well as other area public safety agencies, are already being developed. In November 2004, the City purchased an 88-acre site for the building of this regional training facility at a cost of $2.03 million. In July 2005, the City hired Kirkpatrick Architectural Studio for $205,500 to work on the master plan for the facility. Several meetings have been held with stakeholders of the training center, such as North Central Texas College (NCTC), to establish their needs and criteria for this regional facility. In July 2007, the City Council approved almost $12.6 million for the construction of this regional training facility that will include: a finro-story residence burn building, outdoor class room, high rise burn building, an Urban Search and Rescue structural collapse area, a trench rescue site, a confined space rescue site, a 10-lane shooting range and a shoot house. There will also be a 20,500 square foot classroom that will allow public safety personnel from around the region to meet and exceed ongoing day-to-day training requirements from basic academies to advanced programs through our partnership with NCTC. This regional training will also improve mutual aid and inter jurisdictional relationships. Our hope is to open the regional public safety training facility sometime in early 2009. The City of Denton had planned on issuing approxi- mately $11.1 million in certificates of obligation to construct the facility in FY 2008-09. However, due to the downturn in the economy and lower than ex- pected property appraisals, the debt issuance has been delayed until FY 2010-11. We continue to evalu- ate the economic conditions and our hope is to begin construction of the regional public safety training facil- ity sometime in FY 2010-11. . -i �_--- �-- �___ -�::.- ; ��:� � -i,.Y' i �----�;- T:�i � _"_' i i _ _il E ^��d� - •� �� ir �, � � � �� '�, � � �.� � � ,Pb�, ,I � ♦ ``` j; � 1 � ` ! �\ `�� ♦ � 1 ` �`� � j � . .\ , � . . ` . . � \�� `\`. .... � �. . `�� ``� _ 111th CONGRESS 2nd Session Artist rendering of classroom building _---r-��=-,—h-•�--��,.:: i � � �I . ...�- � .�o. a�an � _�: � . � �� I �� r. ', i � l� � � � ; �_ � -�� 1 ` , j�—= �•., — � � inu �� —'=� l� �. �—= � ��,:Gi ``� �� e o•• �� =��a�� ; � � I 0 �\��'� . � �z��,' . � `�� , v`oq . � fi. � � � I pf�` 'i.i'�� jl �.. -� �. 11C`.,. _ /✓�: / �� \\\ _' .�_ � � � Proposed site plan for Regional Public Safety Training Facility The city is requesting $200,000 in discretionary funding to be used to fund the advanced technical needs of this facility. The regional public safety training facility will also house the City's new Emergency Operations Center (EOC), which is used as our command and control center during the response and management of any major crisis in the community. Our EOC will need several laptop computers and printers that will replace our aging and dated equipment at our current EOC. We are also requesting funds for the purchase of several video surveillance cameras that will be strategically located throughout the city and provide the EOC with real-time video and weather monitoring from critical areas of our com- munity. For more information please contact: Public Safety Fred Greene Assistant City Manager 215 E. McKinney St. Denton, TX 76201 940-349-8354 fred.greene@cityofdenton.com Denton Municipal Electric AMI/Smart Grid Pro�ect Denton Municipal Electric ("DME") is planning to roll out its new Automated Metering Infrastructure (AMI)/Smart Grid project (the "Project") converting most of its, 43,000 residential and 5,000 commer- cial efectric meters to smart meter technology over a five year period. DME has already completed a successful pilot program testing the AMI technology in its service area. The project is estimated to cost approximately $9 million through early 2015. The benefits of the AMI/Smart Grid Project include: • Increasing the reliability of the DME electric power system. • Enabling management of peak demands and reduction of overall electric power system costs • Enabling potential reduction in consumer electricity costs • Reducing overall emissions due to efficiencies and potential demand response programs • Enabling informed participation by consumers in retail and wholesale electricity markets. • Accommodating all types of central and distributed electric generation and storage options • Enabling new products, services, and markets. • Providing for power quality for a range of needs by all types of consumers. • Optimizing asset utilization and operating efficiency of the electric power system. • Anticipating and responding to system disturbances. • Operating resiliently to attacks and natural disasters. The Project will deploy premise equipment into the customers' home depending on the availability of funding. Application of this technology will require the use and/or implementation of in-home energy monitoring devices. The goal is to have 50 percent saturation of residential customers in the DME service territory with either an fn-Home Display and/or programmable Thermostat. The Smart Grid Project includes digital upgrades to electric transmission and distribution systems that will enable the entire electricity supply and delivery chain, including power plants, transmission lines, substations, distribution lines, meters, and customer systems to operate in a more reliable, efficient, secure, and affordable manner. This technology will improve outage detection and equipment mainte- nance, and increase DME's capability for cost-effectively integrating renewable, energy efficient, and less carbon-intensive technologies. E --� ��- -^"--�� -T -�"-� "-- " � ,�---��-_-� �� This project will provide an economic stimulus to local areas, ! states, and regions through investment in electric infrastruc- ` ture, expansion of economic opportunities for businesses, ? creation of jobs for American workers, and enhancements ! of worker skills. As a local city owned utility, the AMI imple- mentation will provide DME and its customers with some key; benefits, which include: � � � i i Sman UtiGty MttCr NAILpaO COn1101 N !IMOt�/R� �� '��f�y;11; ( h�y �; �,` � ` �i 1 r�` u"`I��p, `Qi � � \�,-,/ HAI fn•HOmo O p � plspiny � . � HAIOmnlstat2l�onm l � �,, • 7a Q 000� , • �� o � .a ��p r�"o � �-t��. c� c� � � � >� � �? c � �-- � � �}� � ,ti - ',4J.:, i"�-.'�'~ 1�CL^,'iCT.:37ilfn*�" �C�:T .:J.,_�� ld,,,;t,.-i.�°� �'�. � • Increasing reliability for billings reads from maintaining one system. • Remote connect and disconnect of electric service: This will provide a faster level of service for customers. • On demand meter readings: This will provide better customer service. When a customer is in the lobby or on the phone, staff will be able to get an on demand meter reading at the time of the contact. • Reading History: not only will DME have daily meter readings, five minute interval data will be available that will allow us to profile the energy usage of the customer. This profile data will be extremely he{pful when dealing with the customer in a high bill complaint. • Outage Notification: this system will work from the meter point of electric service to provide data to our current Outage Notification System. � • Enable DME to transition to Time of Use rates for customers to better manage peak. • In Home Displays (IHD): IHD's will allow the customer to see how much electricity they are using at the time they are viewing it. This empowers the customer to reduce their bill by turning lights etc off and see the savings. This is a two way system that will allow us to update the electric rates remotely to the customer. • Smart Thermostats: T-Stats are a way we can help the customer when load shedding is needed or in a time of use rate structure is in place. We can send a signal to change the thermostat to a higher temperature setting when customer is going into a higher rate tier. We will be able to lower their temperature back during off peak. This helps during critical peak pricing if rate structure is in place. 111th CONGRESS 2nd Session DME is requesting $1 million in discretionary funding to advance this $9 million Automated Metering Infrastructure and Smart Grid project. This cost effective, energy efficient project will save money for DME customers, create jobs in North Texas, and protect the environment by using less carbon-intensive technologies. -��TON M U N I C I P A L ELECTRIC Denton Municipal Electric Mike Grim DME Executive Manager 215 E. McKinney St. Denton, TX 76201 940-349-7565 mike.grim@cityofdenton.com \\codad\departments\legal\our documents�resolutions\09\rotary club mardi gras alcohol sell.doc RESOLUTION NO. RZO 1 O-OOZ A RESOLUTION ALLOWING DENTON ROTARY CLUB TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE ROTARY CLUB MARDI-GRAS CELEBRATION ON FEBRUARY 13, 2010, � 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 through the Park and Recreations Department co-sponsors the Rotary Club Mardi-Gras Celebration at 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 Rotary Club Mardi-Gras Celebration; and WHEREAS, Larry Aaron doing business as Denton Rotary Club (called "Club"), has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Rotary Club Mardi-Gras Celebration on February 13, 2010; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Club be the sole participant allowed to sell alcoholic beverages at the Rotary Club Mardi-Gras 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 l. Club shall be the sole participant allowed to sell alcoholic beverages at the Rotary Club Mardi-Gras Celebration on February 13, 2010 at the Civic Center 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 Rotary Club Mardi-Gras Celebration. 0 . \\CODAD\Departments\Legal\Our pocuments\Resolutions\09\Rotary Club Mardi Gras alcohol sell.doc 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. PAS ED AND APP V �� S RO ED this the � day ATTEST: JENNIFER WALTERS, CITY SECRETARY , � BY: t APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � BY: �--� � , ,° _, r '_ Page 2 of 2 y -� r � c:\documents and settings\108214Voca1 settings\temporary internet files\content.outlook\8geyydl3�mardi gras alcohol contract.doc CIVIC CENTER AGREEMENT FOR THE ROTARY CLUB MARDI-GRAS CELEBRATION STATE OF TEXAS § COUNTY �OF DENTON § 7`�c' This Agreement, made this _�% day of , 2010, by and between the City of Denton, a municipal corporation, hereina r referred as the "CITY" and Charles McCarty doing business as DENTON ROTARY CLUB, DISTRICT 5790 CLUB 1779, hereinafter referred to as "DENTON ROTARY CLUB". 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 ROTARY CLUB the exclusive privilege to distribute/not sell alcoholic beverages, subject to the exceptions and conditions hereinafter set� forth, for the MARDI GRAS on February 13, 2010 to be held at the Civic Center. This privilege does not extend beyond the date of the MARDI GRAS for the year 2010. ARTICLE 2 SCOPE OF SERVICES 4 DENTON ROTARY CLUB in order to exercise the privilege to distribute/not sell alcoholic beverages must perform the following: � A. DENTON ROTARY CLUB shall be solely responsible for the rental and payment for � any booth space necessary for the distribution/not sale of alcoholic beverages at the MARDI GRAS. B. DENTON ROTARY CLUB shall be solely responsible to obtain any temporary license and permit necessary for the distribution/not sale of alcoholic beverages at the MARDI GRAS. � C. DENTON ROTARY CLUB shall be solely responsible for the obtaining and paying for _ any security necessary for their distribution/not sale of alcoholic beverages at the MARDI GRAS. � DENTON ROTARY CLUB' 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/not selling alcoholic beverages at the MARDI GRAS. , • . � ARTICLE 3 LOCAL RULES AND REGULATION DENTON ROTARY CLUB 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 ROTARY CLUB 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. DENTON ROTARY CLUB will exercise reasonable care and due diligence in their distribution/not sale of alcoholic beverages at the MARDI GR.AS. ARTICLE 4 INDEMNITY AGREEMENT DENTON ROTARY CLUB 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 ROTARY CLUB 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 ROTARY CLUB 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. Mardi Gras - Page 2 . � C. DENTON ROTARY CLUB 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 ROTARY CLUB. In such event, DENTON ROTARY CLUB 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 ROTARY CLUB: To CITY: DENTON ROTARY CLUB CITY OF DENTON: Larry Aaron � City Manager 100 W. Oa.k, Suite 212 215 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 e�ibits, 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. Mardi Gras — Page 3 � � ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, DENTON ROTARY CLUB 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 ROTARY CLUB 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 DENTON ROTARY CLUB 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. Mardi Gras — 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 ROTARY CLUB has ��cuted this Ag ement through its duly authorized undersigned officer on this the /� —� day of . 2010. CITY OF DENTON, TEXAS GEORG C. CAMPBE L, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: �,�'�� -. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � - . �, _ � BY: . - ~- , ,. WITNESS: � Mardi Gras — Page 5 DENTON ROTARY CLUB DISTRICT 5790, CLUB 1779 BY: LARRY A �• : _ � _ _ _,J RESOLUTION NO: �� 1 �-003 �.� A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS RECOGNIZING THE NECESSITY OF PROTECTING OUR LIMITED WATER SUPPLY RESOURCES FROM POLUTION; ENDORSING WATERSHED PROTECTION AS AN URGENT REGIONAL PROGRAM FOR THE COUNTY, CITIES, TOWNS AND UTILITIES LOCATED IN THE WATERSHED OF LEWISVILLE LAKE; EXPRESSING THE CITY' S INTENTION TO PARTICIPATE IN WATERSHED PROTECTION STRATEGIES TO PRESERVE AND PROTECT THE ENVIRONMENT AND TO SAFEGUARD THE PUBLIC WELFARE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a portion of the City of Denton, Texas is located in the Lewisville Lake watershed; and WHEREAS, the City Council recognizes that in the long-run our "watershed address" could be as significant for the well-being of our City as our "street address"; and WHEREAS, the watershed of Lewisville Lake is an area of on-going growth and development; and, the population in this watershed is expected to continue to increase, rapidly transforming the upper reaches of Lewisville Lake and its watershed from a rural setting to an area with urban characteristics; and WHEREAS, we believe that a coordinated Watershed Protection Program will help preserve, protect and enhance existing waterways in this vital watershed, including greenbelts, floodplains, streams, riparian lands, and wetlands; and WHEREAS, these waterways and environmental assets extend into and through each community in this watershed; thus, knitting homes, businesses and communities into a greater neighborhood, with shared environmental resources to sustain a high quality of life for each community; and WHEREAS, the Upper Trinity Regional Water District, has developed a list of suggested "Strategies and Key Elements" for watershed protection, a copy of which is attached hereto as Exhibit "A", which is attached hereto and incorporated herewith by reference; and WHEREAS, it is advisable to advance the Lewisville Lake Watershed Protection Program in a cooperative manner with neighboring communities, considering that appropriate policies and actions that will help preserve and protect water resources where we live. THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION l. The City Council incorporates the provisions outlined in the Preamble of this Resolution by reference, and further endorses the timeliness of Watershed Protection, as outlined in said Preamble, to protect the water assets and water resources that are essential elements of our community's health, economy and quality of life. 1 1, _ ;i � SECTION 2. The City Council expresses its intention to participate in a coordinated Lewisville Lake Watershed Protection Program in order to help protect the watershed, knowing that the quality of life for our citizens depends on preservation of these irreplaceable water assets. SECTION 3. The City Council hereby directs staff to review the attached "Strategies and Key Elements" for timely recommendations and for incorporation of appropriate items into local policies, practices and standards. SECTION 4. The City Council wishes to express its appreciation to the Upper Trinity Regional Water District for serving in a continuing role as facilitator for the development and implementation of a coordinated Watershed Protection Program, with strategies and best management practices for the protection of our watershed. SECTION 5. This Resolution shall become effective immediately upon its passage. � �TyG -- PASSED AND APPROVED this the �� day of January 2010. , !v� -�� _ , �. ATTEST: JENNIFER WALTERS, CITY SECRETARY , By: ..i �%if � � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 2 �� . / �i� G� ' MARK A. BURROUGHS, � AYOR EXHIBIT A STRATEGIES AND KEY ELEMENTS OF THE LEWISVILLE/GRAPEVINE LAKE WATERSHED PROTECTION PROGRAM Protecting our fragile watersheds is a priority need for every citizen and every community. The greenbelts and floodplains, streams and waterways, riparian lands and wetlands: all are unique and irreplaceable. These are the important assets that a watershed protection program is designed to preserve and safeguard. Our quality of life and safe drinking water for our families -- all depend on being successful in watershed protection. Strategies (the tools) for a successful Watershed Protection Program can be quite varied, but typically will include many of the following measures and activities: 1. STRATEGIES FOR PROTECTING WATERSHEDS • Preservation of existing natural areas, including flood plains and riparian lands. • Enforcement of erosion control measures at construction sites. • Establishing guidelines for use of fertilizers and chemicals in landscaped areas; to minimize runoff. • Use of organic practices for landscape and gardening activities. • Recycle yard clippings into organic compost. • Improving native vegetation in buffer zones between waterways and developed areas. • Using floodplains for parks and open space, for habitat and for utility corridors or trail systems. • Use of voluntary conservation easements to acquire property rights to valuable greenbelt land, enabling the preservation of these resources for future generations. • Conversion of braided streams and gravel pits to wetlands or greenbelts. • Using water assets and resources for community recreation, for educational purposes, and to enhance quality of life. • Cooperation and collaboration between communities who jointly share water resource assets such as creeks and other elements of the common watershed. � Promoting public education and watershed awareness programs. • Installation of Watershed Awareness Signs in public places and along roadways. 2. KEY ELEMENTS FOR A WATERSHED PROTECTION PROGRAM Establishing Greenbelts. A coordinated Watershed Protection Program by the communities located in the Lewisville/Grapevine Lake watershed will help preserve and protect existing waterways, greenbelts, floodplains, streams, riparian lands and wetlands. These assets perform the vital function of filtering out pollutants such as pesticides and fertilizers and other harmful chemicals from entering the streams and waterways, thereby helping safeguard the quality of water entering water supply lakes. • Protectin� Water Quality. We all live in a watershed, the area around our neighborhood or community from which rainwater drains to a common waterway. A watershed includes yards, roadways, parks, construction sites, streams, flood plains, etc. A. Each person's individual actions in the watershed directly affect the valuable downstream water resources. Everyday activities around homes and businesses have an impact -- either good or bad -- on the watershed. . B. Trash left in the watershed is a common problem -- both a pollutant to the water and an eyesore to the neighborhood. Community groups often organize volunteers to help clean-up local waterways. C. Overuse or improper use of fertilizer, pesticides and other chemicals in landscape activities is a significant source of pollutants that find their way into water resources. Therefore, key strategies to protect water quality include the development of guidelines to educate the public about such pollutants, and encouraging the use of organic practices in gardening and landscapes. A strong educational program in schools and for the public about protecting watersheds and water quality is vital. A typical theme for public information can be: "Do you know your watershed address?" • Water Conservation. Water is a precious resource for life. In planning for adequate future water supplies, conservation of existing resources at home and at work is a first step. Communities working together, offering public information programs concerning earth-friendly landscape techniques and irrigation practices can be a major strategy for water conservation. As a double benefit, the strategies that promote water conservation also tend to protect the quality of water resources. For eYample, the Texas Smartscape`� program encourages the use of organic techniques for landscaped areas (requiring less fertilizers, pesticides and other chemicals) to help conserve water, and to protect water quality, also. � Collection of Household Hazardous Waste. Proper disposal of Household Hazardous Waste helps protect the watershed and our drinking water resources. Many typical household products such as solvents, pharmaceuticals, cleaning supplies, batteries, paint, pesticides and weed killer pose potential hazards to our drinking water sources. Working with the communities in the watershed, Upper Trinity sponsors a program to safely collect and dispose of such leftover hazardous materials from households. • Education/Public Awareness. Watercourses extend into and through each community in the watershed -- knitting neighborhoods and communities together with a shared environmental resource. Strong public education, public awareness and outreach programs must play a major role in the success of water quatity preservation and protection measure. � ��, � � S:\Our pocumrnisUtcsolutions\IO�ss resolution.doc RESOLUTION NO. �� 1 �-��4 A RESOLUTION OF THE CITY OF DENTON, TEXAS REGARDING THE TERM OF THE EMPLOYMENT AGREEMENT, DATED JUNE S, 2007, AS AMENDED ON DECEMBER 1, 2009, BETWEEN THE CITY OF DENTON AND THE CITY AUDITOR, SA1D TERM PROVIDING FOR AUTOMATIC RENEWAL OF ONE YEAR UNLESS A WRITTEN NOTICE OF NO LESS THAN _THIlZTY DAYS IS PROVIDED PRIOR TO MARCH 1, 2010; AND DECLARING AN EFFECTNE DATE. � � . WHEREAS, the City of Denton, Texas, a Texas municipal corporation, hereinafter called "Employer," and the City Auditor, Steve Shepherd, hereinafter called "Employee," entered into an Employment Agreement on June 5, 2007, and further amended the Agreement on December l,. 2009; and WHEREAS, said Employment Agreement between Employer and Employee appointed Mr. Shepherd as City Auditor and as a City�Council appointee; and WHEREAS, said Employment Agreement provides a term wherein Employee agreed to remain in the employment of Employer, that term, per the December 1, 2009 Agreement, being until March 1, 2010; and WHEREAS, said . Employment Agreement further provides that the Agreement shall automatically renew for one successive year unless Employer gives Employee at least a 30-day written notice of termination prior to March 1, 2010; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION l. The City Council, as Employer, does hereby direct the Chair of the Council Appointee Performance Review ("CAPR") Committee to issue a written notice of at least 30 days of non-renewal to Employee as specified in Employee's Employment Agreement, and does hereby further authorize the Chair of the CAPR Committee, in his sole discretion, to determine the terms and conditions of Employee's employment during said notice period. � SECTION 2. The City Manager shall reassign any employees or interns heretofore reporting to the City Auditor to a function under the City Manager's co�nizance. SECTION 3. The City Council thanks Mr. Shepherd for his service during the term of his Employment Agreement and appreciates his contribution to the City organization. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. � � —''—^"' S:\Our pocumn�LSUtcsolutions\101ss raolution.doc -�. � � PASSED AND APPROVED this the ,� `—�day of �_, 2010. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP VED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � BY: � J -�� `�. ��. � p � , _� Page 2 A.�_URR�TJGHS, MA�'OR RESOLUTION NO. K�O�1 O=OOS A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS GRANTING THE CITY MANAGER AUTHORITY TO APPLY TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ("TCEQ") FOR AN AMENDMENT TO THE CITY'S LAKE LEWISVILLE WATER RIGHT - PERMITTING INDIRECT WASTEWATER REUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas continually seeks to maintain and advance the security of its future water supply by a variety of ineans; and WHEREAS, one option to expand the water supply to the City is to indirectly reuse wastewater discharges by passing them through the receiving water body before they are again withdrawn; and WHEREAS, indirect wastewater reuse is recommended as a maj or water management ° strategy by the 2006 Region C Water Plan and the 2007 State Water Plan; and . WHEREAS, indirect wastewater reuse is being pursued by every major water supplier in North Texas as a prudent and economical way to expand supply; and WHEREAS, the City of Denton owns the right to a significant amount of the storage and yield of Lake Lewisville, withdraws water under this right and discharges it again, and is entitled to apply for an amendment to that water right to allow for reuse of its wastewater discharge; and WHEREAS, City staff has prepared an application to the Texas Commission on Environmental Quality, attached hereto as Exhibit "A" whicli is substantially in the form of required by the TCEQ in order to amend its Lake Lewisville water right to permit indirect wastewater reuse; NOW THEREFOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION l. The City Council hereby authorizes and directs the City Manager, on behalf of the City of Denton, Texas, to have prepared, to sign, and to have filed all such documents before any administrative or judicial forums in the State of Texas, consistent with this resolution, which the City Manager determines to be reasonable and necessary to secure authorizations to amend the water rights of the City of Denton, Texas. SECTION 2. The City Manager is authorized and directed to provide for payment of all necessary regulatory and notice fees and expenses that are associated with the actions authorized herein. SECTION 3. The City Manager is hereby authorized and directed on behalf of the City of Denton, Texas, to take such other steps that the City Manager determines to be reasonable 1 and necessary to secure and enforce the rights of the City of Denton, Texas, consistent with this resolution. � SECTION 4. This Resolution shall become effective immediately upon its passage. �� PASSED AND APPROVED this the �--- dav of Februarv, 2010. � ATTEST:= JENNIFER WALTERS, CITY SECRETARY By: �. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: E _ -� = = — — — = � � � TCE C� Texas Commission on Environmental Qualitv PO Box 13087, MC-160, Austin, Texas 78711-3087 Telephone (512) 239-4691, FAX (512) 239-4770 APPLICATION FOR AMENDMENT TO A WATER RIGHT �I REOiTTRTNC� MAiLED AND PiJBLiSHED NnT10E �I NnT REniJTRTNCi MATLED AND PtTBLTSHED NnTTCE Reference Texas Administrative Code § 295.158(b) or (c) Notice: This form will not be processed until all delinquent fees and/or penalties owed to the TCEQ or the O�ce of the Attorney General on behalf of the TCEQ are paid in accordance with the Delinquent Fee and Penalty Protocol. Customer Reference Number (if issued): CN 6 0 0 3 5 8 9 8 0 Note: If you do not have a Customer Reference Number, complete Section II of the Core Data Form (TCEQ-10400) and submit it with this application. 1. Name: City of Denton, c/o Tim Fisher Address: 901A Texas St Denton, Texas 76209 Phone Number: 94�-349-�91 � Fax Number: 940-349-7334 Email Address: tim. fisher@cityofdenton . com 2. Applicant owes fees or penalties? ��Yes �No If yes, provide the amount and the nature of the fee or penalty as well as any identifying number: 3. �I Permit No. rX Certificate of Adjudication No. 0 8- 2 3 4 8 Stream: Elm Fork Watershed: Trinity River Reservoir (present condition, if one exists): Lewisville County: Denton 4. Proposed Changes To Water Right Authorizations: see attached summary (Attach additional page as necessary, attach map/plat depicting project Iocation, diversion point, place of use, and other pertinent data). 5. I understand the Agency may require additional information in regard to the requested amendment before considering this application. 6. I have ubmitt e quired es herewith. (Sections 295.131-295.139) ' G J�. Nam (sign Name (sign) .. G z �. � �t . Name (print) � Name (print) � Subscribed and sworn to me as being true and correct before me this .3,�� day of �`�e� , 20� � � . LINDA A. HOLLEY Notary Publlc, State of Texas My Cc�mmission Expires ` Dsc�mber 08, 2013 Notary Public, State of Tex s Form TCEQ-10201 (revised 3/09) Page 1 Supplemental Diversion Point Information Sheet Diversion Point No. 1 . 1) Watercourse: Hickory Creek arm of Lake Lewisville 2) Location of point of diversion at Latitude 3 3. 10 7 711 °N, Longitude 9 7. 0 314 0 0°W, also, bearing S 8 5. 2° W , 1, 4 5 5 feet (distance) from the NE corner of the SA Jone s Original Survey No. , Abstract No. 15 9 8 , in Denton County, Texas. 3) Location from County Seat: � � miles in a SE direction from Denton , _ Denton County, Texas. Location from nearby town (if other than County Seat): miles in a direction from , a nearby town shown on county highway map. 4) Zip Code: 7 5 0 6 5 5) The diversion wiil be (check (�) all appropriate boxes and if applicable, indicate whether existing or proposed): Directly from stream Existing Proposed From an on-channel reservoir X From stream to an off-channel reservoir From a stream to an on-channel reservoir From an off-channel reservoir Other method (explain fully, use additional sheets if necessary) 6) Rate of Diversion (Check (�l) applicable provision): X 1: Diversion Facility: A.4 4, 8 0 0 Maximum gpm (gallons per minute) 1) 2 Number of pumps 2) centrifuqal Type of pump 3) 2 2, 4 0 o gpm, Pump capacity of each pump 4) Portable pump Yes or X No 2. If by gravity: A. Headgate Diversion Dam Maximum gpm B. Other method (explain fully - use additional sheets if necessary) 7) The drainage area above the diversion point is acres or 1, 66o square miles. Form TCEQ-10201 (revised 3/09) Page 2 Suppiemental Dam/Reservoir Information Sheet Dam (structure), Reservoir and Watercourse Data .. A. Type of Storage Reservoir (indicate by checking (�1) all applicable) i`x on-channel i— off-channel ix` existing structure t`� proposed structure* r exempt structure*'` �Applicant shall provide a copy of the notice that was mailed to each member of the governing body of each county and municipality in which the reservoir, or any part of the reservoir, will be located as well as copies of the certified mailing cards. ��TWC Section 11.143 for uses of water for other than domestic, livestock, or fish and wildlife from an existing, exempt reservoir with a capaciry of 200 acre-feet or less. Please complete Paragraph 6 below if proceeding under TWC 11.143. Date of Construction 19 5 5 B. Location of Structure No. 1 1) Watercourse: _ Elm Fork of Trinity River 2) Location from County Seat: 2 2 miles in a NW direction from Da 11 a s � Da 11 a s County, Texas. Location from nearby town (if other than County Seat): miles in a direction from , a nearby town shown on county highway map. C D. E. 3) Zip Code: 7 5 0 5 7 4) The dam will be/is located in the Barksdale/ Haydon Original Survey No. , Abstract No19q9�1os3 in Denton County, Texas. 5) Station�99+i6. o2on the centerline of the dam is N4 6. 5° E (bearing), 7 68 feet (distance) from the NE corner of Houston Original Survey No. , Abstract No. 597 , in Denton County, Texas, also being at Latitude 3 3. 0 6 9 3 5 6°N, Longitude 9 6. 9 6 4 5 2 5��/, Reservoir: 1) Acre-feet of water impounded by structure at normal maximum operating level: 9 81, 7 6 3 2) Surface area in acres of reservoir at normal maximum operating level: 3 9, 16 8 The drainage area above the dam is _ acres or 1, 660 square miles. Other: 1) If this is a U.S. Natural Resources Conservation Service (NRCS) (formerly Soil Conservation Service (SCS)) floodwater-retarding structure, provide the Site No. and watershed • project name 2) Do you request authorization to close the "ports" or "windows" in the service spillway? �I Yes i�l No Form TCEQ-10201 (revised 3/09) Page 3 Supplemental Discharge Point Information Sheet Discharge Point No. or Name: Pecan Creek WRP 1) Select the appropriate box for the source of water being discharged: xTreated effluent Groundwater � Other 2) Location of discharge point will be/is at Latitude 3 3. 19 62 4 ° N, Longitude 9 7. 0 7 2 0 3 3 °W, also bearing S 5 7. 2° E , 4, 3 8 6 feet from the NW corner of the G i de on Wa l ke r Original Survey No. , Abstract No. 1330, in Denton County, Texas. What method was used to determine the Latitude and Longitude for the discharge point? (i.e., GPS Unit, USGS 7.5 Topographic Map, etc.) aerial imagery and GIS 3) Location from County Seat: 4 miles in a SE direction from Denton , Denton - County, Texas. Location from nearby town (if other than County Seat): miles in a direction from , a nearby town shown on county highway map. 4) Zip Code: 7 62 0 8 5) Water will be discharged into Pecan Creek stream/reservoir, (tributaries) Elm Fork � Trinity Basin. 6) Water will be discharged at a maximum rate of � 1• 3 cfs ( 31, 9 9 4 gpmj. 7) The amount of water that will be discharged is 2 3, 5 2 3 acre-feet per year. 8) The purpose of use for the water being discharged will be mun i c ipa 1 9) Additional information required: For groundwater 1. Provide water quality analysis and 24 hour pump test for the well if one has been conducted. 2. Locate and label the groundwater well(s) on a USGS 7.5 Minute Topographic Map 3. Provide a copy of the groundwater well permit if it is located in a Groundwater Conservation District. 4. What aquifer the water is being pumped from? For treated effluent 1. What is the TPDES Permit Number? Provide a copy of the permit. TPDES WQ0010027003 attached 2. Provide the monthly discharge data for the past 5 years. attached 3. What % of treated water was groundwater, surface water? 10 0 o s u r f a ce 4. If any original water is surface water, provide the base water right number. Ce rt 0 8- 2 3 4 8 Form TCEQ-10201 (revised 3/09) Page 4 Supplemental Discharge Point Information Sheet Discharge Point No. or Name: Clear Creek WRP 1) Select the appropriate box for the source of water being discharged: X Treated effluent Groundwater Other 2) Location of discharge point will be/is at Latitude 3 3. 2 8 0 9 5 6° N, Longitude 9 7. 0 7 7 3 7 8 �W also bearing S 4 5. 1° E , 3, 7 5 0 feet from the NW corner of the J. Dou th i t t Original Survey No. , Abstract No. 32 9, in Denton County, Texas. What method was used to determine the Latitude and Longitude for the discharge point? (i.e., GPS Unit, USGS 7.5 Topographic Map, etc.) - aerial photography and GIS 3) Location from County Seat: 5• 6 miles in a NE direction from Denton , Denton County, Texas. Location from nearby town (if other than County Seat): miles in a direction from , a nearby town shown on county highway map. 4) Zip Code: 7 62 0 8 5) Waterwill be discharged into Clear Creek stream/reservoir, (tributaries) E lm Fo r k Trinity Basin. 6) Water will be discharged at a maximum rate of 5• 9 cfs (��' � y gpm). 7) The amount of water that will be discharged is 1, 0 6 4 acre-feet per year. 8) The purpose of use for the water being discharged will be mu n i c ipa 1 9) Additional information required: For groundwater 1. Provide water quality analysis and 24 hour pump test for the well if one has been conducted. 2. Locate and {abel the groundwater wefi(s) on a USGS 7.5 Minute Topographic Map 3. Provide a copy of the groundwater well permit if it is located in a Groundwater Conservation District. 4. What aquifer the water is being pumped frorn? For treated effluent 1. What is the TPDES Permit Number? Provide a copy of the permit. TPDES WQ0014 416001 attached 2. Provide the monthly discharge data for the past 5 years. not yet constructed 3. What % of treated water was groundwater, surface water? 4. If any original water is surface water, provide the base water right number. Cert 08-234 8 Form TCEQ-10201 (revised 3/09) Page 4 � APPLICATION BY CITY OF DENTON TO AMEND CERTI�ICATE OF ADJUDICATION NO. 08-2348 (BED AND BANKS REUSE� SUPPLEMENTAL STATEMENT City of �Denton ("Denton") owns Certificate of Adjudicarion No. 08-2348, which authorizes diversion and use of water for municipal and domestic purposes and establishes a diversion point on Lake Lewisville, among other things. By this application to amend Certificate of Adjudication No. 08-2348, Denton seeks all authorization necessary to identify, convey by bed and banks, and use a quantity of Denton Return Flows, diverted from the existing permitted diversion point on the perimeter of Lake Lewisville, not to exceed 13,497 acre-feet of water per year exclusive of any channel losses or other deductions of flow, for municipal and domestic purposes. "Denton Return Flows," as that term is used for purposes of this application, are historic and future retum flows discharged from Denton's Pecan Creek Wastewater Treatment Plant ("WWTP") (Permit No. WQ0010027003) and Denton's Clear Creek WWTP (Pennit No. WQ0014416001), which retum flows originate from the City's permitted water supplies in Lake Lewisville (Certificate of Adjudication No. 08-2348) and Lake Ray Roberts (Certificate of Adjudication No. 08-2335), as these certificates may be arnended from time to time. Clear Creek WWTP currently has a permitted discharge of 0.95 million gallons per day (MGD), and Pecan Creek WWTP has a permitted discharge of 21 MGD. Denton proposes to convey Denton Return Flows, by bed and banks, from the treatment pla.nt discharge points to its existing point of diversion on Lake Lewisville. At this time, Denton believes that bed and banks conveyance will be through Pecan Creek and Clear Creek, tributaries of the Elm Fork Trinity Denton Application to Amend CA 08-2348 Page 1 of 3 River; the E1m Fork Trinity River, tributary of the Trinity River; and Lake Lewisville. Denton Retum Flows will be diverted at a maximum rate that, in combination with existing permitted diversions, does not exceed one hundred (100) cubic feet per second. Denton's Return Flows will be diverted as soon as they are conveyed and will not be stored. Denton proposes that a special condition be included in the requested authorization such that actual diversions of Denton Return Flows from Lake Lewisville will be lim.ited to the lesser of �(1) fifty percent (50%) of Denton's actual discharges and (2) an annual average of twelve and five hundredths (12.05) MGD, with a total diversion not to exceed 13,497 acre feet per year. The requested special condition originates in an agreement ("Settlement Agreement"), executed on September 1, 2006, whereby Denton and the City of Dallas ("Dallas") formalized certain understandings regarding Denton's future use of Denton Retum Flows and Denton agreed to withdraw its protest of Dallas's Application for Certificate of Adjudication No. 08-2456E. The Settlement Agreement evinces Dallas's consent to use Lake Lewisville for conveyance and diversion of Denton Retum Flows. Daily accounting will be maintained in an electronic spreadsheet that includes discharges of effluent from each WWTP referenced in this supplemental statement; all diversions of water by Denton from Lake Lewisville; and implementation of special permit conditions applicable to Denton's conveyance, diversion, and use of Denton Return Flows. Given the amount of Denton Retum Flows left undiverted in the reach of the Trinity River Basin affected by this application, Denton. does not anticipate any negative impact to instream uses, to bay and estuary inflows, or to water quality. Denton Application to Amend CA 08-2348 Page 2 of 3 � e Denton believes its requested amendment for bed and banks reuse of Denton Retum Flows is consistent with regional and state water supply planning. Recommended water management strategies for Denton in �the State Water Plan include existing supplies, indirect and direct reuse, purchased wholesale water from Dallas, and water conservation, although some redistribution of supply among indirect reuse and purchased water and other strategies can be expected to occur over time due to the vagaries of forecasting. . Denton has timely submitted all required conservation and drought contingency plans. Denton's water conservation plan was most recently approved on June 2, 2009, and is of record with the agency. Denton continues to pursue water conservation through a variety of efforts outlined in that plan. The following exhibits are included with this Supplemental Statement. • Exhibit 1 depicts the locarion of the Pecan Creek and Clear Creek WWTPs, locations and distances for bed and banks conveyance, and the location of di�ersion on Lake Lewisville. • Exhibit 2 is Denton's proposed accounting plan. • Exhibit 3 is the Settlemenf Agreement Between City of Denton and City of Dallas Regarding Dallas' Application for Certificate of Adjudication No. 08-2456E: •- E�ibit 4 is a draft amendment to Certificate of Adjudication 08-2348 attached for illustrative purposes only Denton Application to Amend CA 08-2348 Page 3 of 3 s:\our documents\resolutions\10\airport faa mou.doc RESOLUTION RZOIO-OO6 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY OF DENTON AND THE FEDER.AL AVIATION ADMINISTRATI�N FOR LAND AT THE DENTON MUNICIPAL AIRPORT FOR THE MEDIUM INTENSITY APPROACH LIGHTING SYSTEM WITH RUNWAY ALIGNMENT (MALSAR), LOCAL,IZER (LOC), GLIDE SLOPE (GS) AND AUTOMATED SURFACE OBSERVING SYSTEM (ASOS); AND, PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. The City Manager is hereby authorized to execute a lease between the City of Denton and the Federal Aviation Administration for land at the Denton Municipal Airport for the Medium Intensity Approach Lighting System with Runway Alignment (MALSAR), Localizer (LOC), Glide Slope (GS) and Automated Surface Observing System (ASOS), a copy of which is attached hereto and incorporated by reference herein. SECTION II. This Resolution shall become effective immediately upon its passage and approval. n� PASSED AND APPROVED this the �—' day of 2010. � _ MA A. BU GH , MA OR ATTEST: � JENNIFER WALTERS, CITY SECRETARY BY: � Q�-r APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � BY: ` e FEDERAL AVIATION ADMINISTRATION MEMORANDUM OF AGREEMENT Agreement Number DTFASW-I0-L-00152 This agreement is made and entered into by the Denton Municipal Airport, hereinafter referred to as Airport, for itself, its successors and assigns, and the Federal Aviation Administration, hereinafter referred to as the FAA. WITNESSETH WHEREAS, the parties listed above have entered into an Airport Improvement Grant Agreement; and WHEREAS, the parties listed above have entered into an agreement providing for the construction, operation, and maintenance of FAA owned navigation, communication and weather aids for the support of Air Traffic Operations; and WHEREAS, the parties consider it desirable to work in cooperation with each other in the technical installation and operation of air navigational aids; and WHEREAS, both parties agreed the establishment, operation, and maintenance of systems for air traffic control, navigation, communication, and weather reporting is in the primary interest of safety and direct support of the ongoing operation of the Denton Municipal Airport. NOW, THEREFORE, the parties mutually agree as follows: 1. TERMS AND CONDITIONS: It is mutually understood and agreed that the Airport requires FAA navigation aid facilities in order to operate their business and that the FAA requires navigation, communication and weather aid facilities at the Airport in order to support Air Traffic Operatioris. Thus, in the interest of both parties it is hereby agreed that the Airport will allow the FAA to construct, operate, and maintain FAA owned navigation, communication and weather aid facilities in areas on the Airport that have been mutually determined and agreed upon for the term commencing on October l, 2009 and continuing through September 30, 2029. The FAA can terminate this agreement, in whole or part at anytime by giving at least (60) day's notice in writing. Said notice shall be sent by certified or registered mail. (a) Together with a right-of-way for ingress to and egress from the premises; a right-of-way for establishing and maintaining pole lines or under ground lines for extending electrical power and/or telecommunications lines to the premises; including a right-of-way for subsurface power, communication and/or water lines to the premises; all right-of-ways to be over the area referred to as Denton Municipal Airport, to be routed reasonably determined to be the most convenient to the FAA and as not to interfere with Airport operations. The Airport shall have the right to review and comment on plans covering access and utility rights-of-way under this paragraph. (b) And the right to grading, conditioning, and instailing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of navigational aid systems. MOA Lease No. DTFASW-I0-L-00152 Denton Municipal Airport Denton, Texas The Airport shall have the right to review and comment on plans covering work permitted under this paragraph. (c) And the rights to make alterations attach fixtures, and erect additions, structures or signs, in direct support of the Airport. The Airport shall have the right to review and comment on plans covering work permitted under this paragraph. (d) And the right to park, without cost, all official and privately owned vehicles used for the maintenance and operation of the air navigational facilities. Parking shall be provided adjacent to the navigational aid facility or as near as possible without interfering with the operation of the Airport. 2. CONSIDERATION: The FAA shall pay the Airport no monetary consideration, it is mutually agreed that the rights extended to the FAA herein are in consideration of the obligations assumed by the FAA in its establishment, operation, and maintenance of navigational aid facilities upon the premises. 3. PURPOSE: It is understood and agreed that the use of the herein described premises, known as, Denton Municipal Airport shall be related to the FAA's activities in support of Air Traffic operations. 4. FAA FACILITIES: The FAA facilities covered by this agreement are identified on the most current approved Airport Layout Plan (ALP) and/or other pertinent drawings that are made a part of this agreement by reference and shown on the attached FAA "List of Facilities". 5. TITLE TO IMPROVEMENTS: Title to the improvements constructed for use by the FAA during the life of this agreement shall be in the name of the FAA. 6. HAZARDOUS SUBSTANCE CONTAMINATION: The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on the FAA facility premises that is found to have occurred as a direct result of the installation, operation, relocation and/or maintenance of the FAA's facilities covered by this agreement. The Airport agrees to remediate or have remediated at its sole cost, any and all other hazardous substance contamination found on the FAA facility premises. The Airport also agrees to save and hold the U. S. Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the FAA facility premises that are not directly attributable to the installation, operation and/or maintenance of the facilities on the attached FAA "List of Facilities." 2 MOA Lease No. DTFASW-I0-L-00152 Denton Municipal Airport Denton, Texas 7. INTERFERENCE WITH FAA OPERATIONS: The Airport agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature within the Airport's boundaries that may interfere with the proper operation of the navigational aid facilities installed by the FAA, as it is not in the best interest of the Airport or the FAA. 8. FUNDING RESPONSIBILITY FOR FAA FACILITIES: The Airport agrees that any relocation, replacement, or modification of any existing or future FAA's navigational aid systems made necessary by Airport improvements or changes, which interferes with the technical and/or operational characteristics of the facility, will be at the expense of the Airport, with the exception of any such improvements or changes which are made at the request of the FAA. In the event such relocations, replacements, or modifications are necessary due to causes not attributable to either the Airport or the FAA, funding responsibility shall be determined by mutual agreement between the parties. 9. NON-RESTORATION: It is hereby agreed between the parties, that upon termination of its occupancy, the FAA shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this agreement. It is further agreed that the FAA may. abandon in place any or all of the structures and equipment installed in or located upon said property by the FAA during its tenure. Such abandoned equipment shall become the property of the Airport. 10. NOTICES: All notices/correspondence shall be in writing, reference the Agreement number, and be addressed as follows: Lessor: City of Denton, TX 215 E. McKinney Denton, TX 76201 Government: Federal Aviation Administration Real Estate & Utilities Group, ASW-53 2601 Meacham Blvd. Fort Worth, TX 76137 11. PREVIOUS LEASE(S)lAGREEMENT(S): Upon commencement, this agreement supersedes and hereby terminates Lease number DTFA07-92-L-01005, TFA07-99-L-01007, DTFA07-00-L-00620 and DTFASW-OS-L-00140. 12. THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE: The full text of these clauses can be found via lnternet at Land On-Airpoi-t Lease (.http://fasteditapp.faa.goviams/do_action) 1. OFFICIALS NOT TO BENEFIT 2. COVENANT AGAINST CONTINGENT FEES 3 � MOA Lease No. DTFAS W-10-L-00152 Denton Municipal Airport Denton, Texas 3. ANTI-KICKBACK 13. SIGNATURES: The Airport and the FAA hereby agree to the provisions outlined in this agreement as indicated by the signatures herein below of their duly authorized representative (s). This agreement is effective upon the date of signature by the last party thereof. DENTON MUNICIPAL AIRPORT By: — Title: C�/�(/ 1�%�%�l � ��% � � Date: �� Q� � APPROVED AS TO FORM: CITY ATTORNEY CITY OF DENTON, TEXAS BY: - � 0 UNITED STATES OF AMERICA, FEDE AVIATION ADMINISTRATION B C ' co y� ana C. Blanco Title: Contracting Officer Date: � � CP •:.. � MOA Lease No. DTFASW-I0-L-00152 Denton Municipal Airport Denton, Texas List of Facilities Effective Date: October 1, 2009 MEMORANDUM OF AGREEMENT DTFASW-I0-L-00152 DENTON MUNICIPAL AIRPORT _ - ----- -------------- ------- ---. --- — : Number Facili R/W Number ; GSA Control Comments Number ' Facility site, equipment shelter, restricted critical 1 MALSR 17 48574 area, access road Antenna site, equipment shelter site, restricted ` 2 LOC ' 17 (DTO) 48582 ' critical areas, access road i_ _ __ _ _ _. _ ; ' ' Facility equipment shelter site, restricted critical ; 3 GS 17 ': 48583 ; area . _. _ _ _ .. _. _ _ _ ---_ ____ �� Sensor group site & ACU located in the ATCT ; 4 ASOS 17 48120 equipment room E i f f 4 FILE REFERENCE FORM R2010-007 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE S Date Initials Replaced by Resolution No. R2010-012 04I20I10 ) R s:lour daclime��tslresolutio��sll �ldebt policy.doc RES�Ll1TI�N N�. R.�� -DD7 A R.�SC�LUTI�N RE�TI�ING ADMII�IISTRATI�TE P�LI�Y N�. 4�3.D7 "DEBT SER�ICE MANA�-�M�NT" AND PRC�VIDIN� F�R AN EFFE�TI�LT� DATE. �LTI�EREAS, on the 5th day of Marchs 199� the �ity ��uncil passed R�s��ution No, 96�� 13 adopting Administrat�ve Po��cy No. ��3.�7 "Debt S�r�vzce Management"; and 'VL�HEREAS, the Assistant �ity �Vlanager of the Finance Depar�ment for the �it� of Den�an has presented a prop�sed revis�on af the Debt Service Management Polic� for the �ouncx�'s cons�derat�on; and �TI�II�REAS, the C�ty Manager recommends adopt�an af the rev�sed po�xcy and the City Coun�� desires to adopt such pol�c� as the off�c�al policy regard��lg Debt Service Management; N��, THEREF�RE, THE ��UNCIL �F THE �ITY �F DENT�N HEl�BY RLS�LVES ; SE�TI�N 1. The fo��ow�ng pol�cy ent�tled "Po��cy No. 4U3.�7 "Debt Se�vice Management", attached hereto and made a part hereaf, �s hereby adopted as an official pol�c� of the �it� of Denton, Texas and sha�� replace the ex�sting I�el�t Serv�ce Management Policy. S��TI�N �. The atta�hed po�icy shall be filed �n the official records vvith the �it� Sec��etary. SECTI�N 3. Th�s resalution sha�� be�ome effectiv� immediate�y upon its passag� and ap�rova�. PAS SED ANI� APPR�VED th�s the day of , 2� 1�. r �� ,� �ARI A, U C] GHS, MAY�R ATTEST: JENNIFER �VL�ALTERS, �ITY SE�RETARY BY; APPR. ED A T� L��-AL F�RM; ANITA B�[JRGESS, �ITY ArI'T�RNEY �.: � . �-- .�..�.�-. BY: �.��- _ _ ��p � �. � � I T Y F DENT N POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 1 of 18 SECTION: FINANCE REFERENCE NUMBER: 403 .07 SUBJECT: DEBT MANAGEMENT INITIAL EFECTIVE DATE: 03/OS/96 TITLE: DEBT SERVICE MANAGEMENT LAST REVISION DATE: March 2, 2010 POLICY STATEMENT This policy shall provide general guidelines by which the City of Denton (the City) will issue debt. It is the obj ective of this policy that (1) the City obtain financing only when necessary, (2) the process for identifying the timing and amount of debt or other financing, proceed as efficiently as possible, and (3) the most favorable interest rate and other costs be obtained. This debt management policy applies to the financing activities of the City of Denton, Texas. It also addresses the issues of process, use and limitations. Obligations will be timed for issuance and delivery of proceeds as close as possible to the time that contracts are expected to be awarded so that the proceeds are spent in the most efficient manner. ADMINSTRATIVE PROCEDURES I. DEBT MANAGEMENT COMMITTEE A. Members The Debt Management Committee (the Committee) consists of the City Manager, Assistant City Managers, and as designated by the City Manager, the positions serving as the Director of Finance; and, financial advisor and bond counsel as ex- officio members. B. Scope The Committee shall meet as necessary to review the debt program. Included in its discussions will be such topics as: the Capital Improvement Program, status of financed proj ects, timing of additional financing needs, the effect of proposed financing activity on the related rates supporting the debt (i.e. property tax rate, utility rates, user fees, etc.). Page 2 of 18 II. RESPONSIBILITY AND STANDARD OF CARE The Finance Department will coordinate all activities required for the issuance of all debt. A. Delegation The primary individual who shall be involved in the development of financing recommendations will be the Director of Finance. The Assistant City Manager (Finance) shall be responsible for all debt financing activities and shall establish a system of controls to regulate the activities of the Director of Finance. B. Conflicts of Interest All participants in the debt management process shall seek to act responsibly as custodians of public assets. Officers and employees involved in the debt management process shall refrain from personal business activity that could conflict with proper execution of the financing program, or which could impair their ability to make impartial financing decisions. C. Reporting The Director of Finance shall prepare at least annually a report summarizing all debt outstanding by type (tax supported and revenue backed), remaining balance of bond proceeds, update of arbitrage liability, and update of pertinent legislative changes. D. Investor Relations The City shall endeavor to maintain a positive relationship with the investment community. The Director of Finance and the City's financial advisor shall, as necessary, prepare reports and other forms of communications regarding the City's indebtedness, as well as its future financing plans. This includes information presented to the press and other media. The information includes annual program of services, comprehensive annual financial report, financial plans, capital improvement plans, comprehensive development plans, etc. All forms of inedia deemed appropriate and immediately available to the City will be utilized to disseminate information to all investors. Examples include Texas Municipal Report, The Bond Buyer, Nationally Recognized Municipal Security Information Repository and State Information Depository. Bond counsel will advise on the use of electronic media in connection with the City's debt program. Page 3 of 18 E. Financial Advisor The City shall retain an independent financial advisor for advice on the structuring of new debt, financial analysis of various options, the rating review process, marketing debt issues, marketability of City obligations, sale and post- sale services, the review of the official statement and other services as necessary. The City will seek the advice of the financial advisor on an ongoing basis. The financial advisor will perform other services as defined by the agreement approved by the City Council. F. Bond Counsel The City shall retain bond counsel for legal and procedural advice on all debt issues. Bond counsel shall advise the City Council in all matters pertaining to its bond ordinance(s) and/or resolution(s). No action shall be taken with respect to new obligations until a written instrument has been prepared by the bond attorneys certifying the legality of the proposal. The bond attorneys shall prepare all ordinances and other legal instruments required for the execution and sale of any bonds issued which shall then be reviewed by the City Attorney and the Director of Finance. The City will also seek the advice of bond counsel on all other types of debt and on any other questions involving federal tax or arbitrage law. Special counsel shall be retained to protect the City's interest in complex negotiations and comment review. III. OFFICIAL STATEMENT The preparation of the Official Statement is the responsibility of the financial advisor in concert with the Director of Finance under the supervision of the Assistant City Manager (Finance). Information for the Official Statement is gathered from departments/divisions throughout the City. The City will take all appropriate steps to comply with the federal disclosure rules (i.e., Securities and Exchange Commission Rule 15C2-12). The City will provide annual and event disclosure to information repositories throughout the term of securities for the benefit of the primary and secondary municipal market. IV. DISCLOSURE A. With each bond offering, and at least annually, in the preparation of Financial Reports or Official Statements of any bond prospectus, the City will follow a policy of full and complete disclosure of financial and legal conditions of the City, in conformance with guidelines issued by the Government Finance Officers Association Disclosure Guideline, and as advised by disclosure counsel or financial advisor. Furthermore, all City finance and debt-related information which may appear in publicly distributed documents in anticipation of the issuance of bonds by the City Enterprise Funds, Redevelopment Agency or Page4of18 Housing Authority should be reviewed by the Finance Department prior to distribution to ensure that the information is presented on an accurate and consistent basis. B . Material Events Securities and Exchange Commission (SEC) Rule 15c2-12 lists eleven events that, if material, must be reported in a timely fashion to each Nationally Recognized Municipal Security Information Repository (NRMSIR) or to the Municipal Security Rulemaking Board (MSRB) and to the appropriate State Information Depository (SID). The events that must be reported, if material, are : 1. Principal and interest payment delinquencies; 2. Nonpayment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the security; 7. Modifications to rights of security holders; 8. Bond calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the securities; 11. Rating change s . Unofficially considered, the twelfth material event to be reported is the failure of any obligated person to provide the required annual financial information on or before the date specified in the related undertaking. According to the SEC, this requirement would be satisfied if a disclosure contract states that the annual information would be provided within a specified number of days after the fiscal year end. Full disclosure of the operations will be made to the bond rating agencies. The City staff, with the assistance of the financial advisors and bond counsel, will prepare the necessary materials for and presentation to the rating agencies. V. RATING AGENCY COMMUNICATIONS & CREDIT OBJECTIVES The City will seek to maintain and improve its current bond rating so its borrowing costs are reduced to a minimum and its access to credit is preserved. In conj unction with the financial advisor, the City shall maintain a line of communication with the rating agencies (Moody's, Standard & Poor's, and Fitch), informing them of maj or financial events in the City as they occur. The Comprehensive Annual Financial Report, Annual Program of Services, and Capital Improvement Plan, shall be distributed to the rating agencies after they have been accepted/adopted by the City Council on an . annua asis. Page5of18 When necessary, a personal meeting with representatives of the rating agencies will be scheduled when a maj or capital improvement program is initiated, or to discuss economical and/or financial developments which might impact credit ratings. The following documents may be required for the rating agencies: - Most recent annual audit reports, including a description of accounting practices. Accounting changes in the past three years and the impact on financial results should be explained. - Current budget. - Current capital improvement program/plan. - Official statements for new financings. - Description of projects being financed. - Sources and uses statement for project being financed. If additional funds are required to complete proj ect, the source of the funds and any conditional requirements will be discussed. - Engineering and feasibility report (if applicable). - Zoning or land-use map (if applicable). - Cash flow statement, in the case of interim borrowing. Statement of long — and short-term debt with annual and monthly maturity dates as appropriate. Also, a report of any lease obligations, their nature and term. - Indication of appropriate authority for debt issuance - Investment policy (if applicable). - Statement concerning remaining borrowing capacity plus tax rate and levy capacity or other revenue capacity. VI. LIMITATIONS OF INDEBTEDNESS City staff, in conjunction with the financial advisor and bond counsel, will produce a comprehensive analysis of debt capacity prior to issuing bonds. This document should cover a broad range of factors, including: • Legal debt limits, tax or expenditure ceilings. • Coverage requirements or additional bonds tests in accordance with bond covenants. • Measures of the tax and revenue base, such as proj ections of relevant economic variables (e.g., assessed property values, employment base, unemployment rates, income levels, and retail sales). • Population trends. • Utilization trends for services underlying revenues. • Factors affecting tax collections, including types of property, goods, or services taxed, assessment practices and collection rates, evaluation of trends relating to the City's financial performance, such as revenues and expenditures, net revenues available after meeting operating requirements. • Reliability of revenues expected to pay debt service. • Unreserved fund balance levels. • Debt service obligations, such as existing debt service requirements. Page6of18 • Debt service as a percentage of expenditures or tax or system revenues. • Measures of debt burden on the community, such as debt per capita, debt as a percentage of personal income, debt as a percentage of full or equalized assessed property value, and overlapping or underlying debt. • Tax-exempt market factors affecting interest costs, such as interest rates, market receptivity, and credit rating. The City has both revenue bonds and other indebtedness of the Electric, Water, Wastewater, and Solid Waste Funds. The City will endeavor to maintain two coverage ratios as provided in the City's outstanding bond covenants (e.g. 1.25 and/or 1.50 times, or as required by individual bond covenants). The Electric, Water, Wastewater, and Solid Waste Funds' total long-term debt outstanding shall not exceed the amount of combined fund equity. VII. TYPES OF DEBT The City's bond counsel and financial advisor will present the different types of debt best suited and legally permissible under state law for each debt issue. These types may . inc u e : • short-term vs. long-term debt, • general obligation vs. revenue debt, • fixed vs. variable rate debt, • lease-backed debt, • special obligation debt such as assessment district debt, • c onduit i s sue s, and • taxable debt; A. The City will seek all possible federal and state reimbursement for mandated proj ects and/or programs. The City will pursue a balanced relationship between issuing debt and pay-as-you-go financing. B. The City will match the term of long-term debt issued up to the life of the projects financed. Current operations will not be financed with long-term debt. Debt incurred to finance capital improvements will be repaid within the useful life of the proj ect. C. High priority will be assigned to the replacement of capital improvements when they have deteriorated to the point there they are hazardous, incur high maintenance costs, negatively affect property values, or no longer serve their . inten e purposes. D. An updated Capital Improvement Plan will be presented to the City Council for approval on an annual basis. This plan will be used as a basis for the long-range financial planning process. Page7of18 VIII. BOND STRUCTURE Structural features that may be considered are: • maturity of the debt, • setting the maturities of the debt equal to or less than the useful life of the proj ect, • use of zero coupon bonds, capital appreciation bonds, deep discount bonds, or premium bonds, • debt service structure (level debt service payments, level principal payments or other repayment structure defined by state law), • redemption provisions (mandatory and optional call features), • use of credit enhancement, • use of senior lien and j unior lien obligations, and • use of derivative products; IX. SHORT-TERM DEBT A. General Short-term obligations may be issued to finance proj ects or portions of proj ects for which the City ultimately intends to issue long-term debt; i.e., it will be used, when appropriate, to provide interim financing which will eventually be refunded with the proceeds of long-term obligations. Short-term obligations may be backed with a tax and/or revenue pledge or a pledge of other available resources. Interim financing may be appropriate when long-term interest rates are expected to decline in the future. In addition, some forms of short-term obligations can be obtained quicker than long-term obligations and thus can be used until long-term financing can be obtained. B . Commercial Paper Due to the issuance costs associated with the marketing and placement of commercial paper in amounts of less than approximately $25 million, it is not considered feasible for the City of Denton to issue this type of debt. Should the opportunity to participate in a commercial paper issuance pool present itself, the advantages and disadvantages shall be evaluated by the Director of Finance. C. Anticipation Notes Anticipation notes empower municipalities to issue debt without giving notice of intent. Anticipation notes may be secured and repaid by a singular pledge, but not a plural pledge, of revenue, taxes, or the proceeds of a future debt issue. Page8of18 Anticipation notes may be authorized by an ordinance adopted by the City . Counci . Anticipation notes may be used to finance proj ects or acquisitions that could also be financed with Certificates of Obligation. Anticipation notes have several restrictions, which include: 1) Anticipation notes issued for general purposes must mature before the seventh anniversary of the date the attorney general approves the issue, 2) Anticipation notes may not be used to repay interfund borrowing or a borrowing that occurred up to/or more than 24-months prior to the date of . issuance, 3) A governing body may not issue anticipation notes that are payable from bond proceeds unless the proposition authorizing the issuance of the bonds has already been approved by the voters. X. LONG-TERM DEBT A. General Proceeds from the sale of long-term obligations will not be used for operating purposes, and the life of the obligations will not exceed the estimated useful life of the proj ects financed. A level debt service structure will be used unless operational matters and marketing considerations dictate otherwise. The cost of issuance of private activity bonds is usually higher than for governmental purpose bonds. Consequently, private activity bonds will be issued only when they will economically benefit the City. The cost of taxable debt is higher than for tax-exempt debt. However, the issuance of taxable debt may be more appropriate in some circumstances and may allow valuable flexibility in subsequent contracts with users or managers of the improvement constructed with the bond proceeds. Therefore, the City will usually issue tax-exempt obligations but may occasionally issue taxable obligations. : :� � Long-term general obligation or revenue bonds shall be issued to finance significant and desirable capital improvements. The general obligation bonds will be used for purposes set forth by voters in bond elections. All bonds shall be sold in accordance with applicable law. Page9of18 General obligation bonds will strive to have an average life of approximately fifteen (15) years or less, and revenue bonds will strive to have an average life of approximately twenty (20) years or less. C. Certificates of Obligation Certificates of obligation may be issued to: • finance permanent improvements and land acquisition, the need for which arose between bond elections • finance costs associated with capital proj ect overruns • acquire equipment/vehicles • leverage grant funding • renovate, acquire, construct facilities and facility improvements • construct street improvements • provide funding for master plans/studies • address necessary life safety needs In accordance with state law, a resolution authorizing publication of notice of intent to issue certificates of obligation shall be presented for the consideration of the City Council. The notice of intent shall be published in a newspaper of general circulation in the City once a week for two consecutive weeks with the first publication to be at least fifteen (15) days prior to the sale date. Certificates of obligation may be backed by a tax pledge under certain circumstances as defined by law. They may also be backed by a combination tax and revenue pledge eligible under state law. Some revenues are restricted as to the uses for which they may be pledged. Electric, Water, Wastewater, and Solid Waste revenues may be pledged without limit for Electric, Water, Wastewater, and Solid Waste purposes but may only be pledged up to $10,000 for non-utility system purposes. As stated in Section X, A., the life of the obligations will not exceed the estimated useful life of the proj ects financed. D. Public Property Finance Contractual Obligation Public property finance contractual obligations may be issued to finance the acquisition of personal property. E. Revenue Bonds In addition to the policies set forth above, when cost-beneficial and when permitted under applicable ordinances, the City may consider the use of surety bonds, lines of credit, or similar instruments to satisfy mandated debt service fund requirements on outstanding and/or proposed revenue bonds. Page 10 of 18 XI. REFUNDING AND RESTRUCTURING OPTIONS The City shall consider refunding debt whenever an analysis indicates the potential for present value savings of approximately 3.5% of the debt service being refunded or if beneficial to the City in another way. XII. METHOD OF SALE A. Competitive Sale When feasible and economical, obligations shall be issued by competitive rather than negotiated sale. Favorable conditions for a competitive method of sale include the following: • The market is familiar with the issuer, and the issuer is a stable and regular borrower in the public market. • An active secondary market with a broad investor base for the issuer's bonds. • The issue is neither too large to be easily absorbed by the market nor too small to attract investors without a concerted sales effort. • The issue is not viewed by the market as carrying overly complex features or requiring explanation as to the bonds' soundness. • Interest rates are stable, market demand is strong, and the market is able to absorb a reasonable amount of buying or selling at reasonable price changes. B. Negotiated Sale Bonds issued for the purpose of refunding and/or restructuring outstanding debt may appropriately be sold on a negotiated basis when maximum flexibility is required in order for the City to respond to day-to-day nuances in the marketplace and other complications peculiar to the issuance of refunding debt. Whenever the option exists to sell an issue on a negotiated basis, an analysis of the options shall be performed to aid in the decision-making process. The City will present the reasons and will actively participate in the selection of the underwriter or direct purchaser. In a negotiated sale, the underwriter may be selected through a request for proposals (RFP) or because of a relationship established by previous debt transactions. The criteria used to select an underwriter in a negotiated sale should include the following: • Overall experience • Marketing philosophy • Capability • Previous experience as managing or co-managing partner • Financial statement • Public finance team and resources Page 11 of 18 • Breakdown of underwriter's discount C. Private Placement When cost-beneficial, the City may privately place its debt. Since no underwriter participates in a private placement, it may result in lower cost of issuance. Private placement is sometimes an option for small issues. The opportunity may be identified by the financial advisor. D. Bidding Parameters The notice of sale will be carefully constructed so as to ensure the best possible bid for the City, in light of existing market conditions and other prevailing factors. Parameters to be examined include : • Limits between lowest and highest coupons • Coupon requirements relative to the yield curve • Method of underwriter compensation, discount, or premium coupons • Use of true interest cost (TIC) versus net interest cost (NIC) • Use of bond insurance • Deep discount bonds • Variable rate bonds • Call provisions XIII. INVESTMENT OF BOND PROCEEDS A. Strategy The City should actively monitor its investment practices to ensure maximum returns on its invested bond funds while complying with Federal arbitrage guidelines. Specific investment strategies for the investment of bond proceeds are provided in the City's investment policy # 403.06. B . Arbitrage Compliance The City will follow a policy of full compliance with all arbitrage rebate requirements of the federal tax code and Internal Revenue Service regulations, and will perform (internally or by contract consultants) arbitrage rebate calculations for each issue subj ect to rebate on an annual basis. All necessary rebates will be filed and paid when due. C. Arbitrage Liability Management The Director of Finance will maintain a system for tracking arbitrage rebate liability and ensuring that required calculations are performed on a timely basis. These calculations will be performed annually. Funds should be set aside in anticipation of potential rebate liabilities. Due to the complexity of the arbitrage Page 12 of 18 calculations and regulations, and to the severity of the penalties for noncompliance, the advice of Bond Counsel and qualified experts will be pursued on an ongoing basis. D. All bond proceeds will be separately accounted for in the financial accounting system to facilitate arbitrage tracking and reporting. Arbitrage rebate liability reports shall be generated semi-annually and submitted to the Investment Committee and to the Debt Management Committee for review. Page 13 of 18 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 GLOSSARY Amo�tization — The planned reduction of a debt obligation according to a stated maturity or redemption schedule A�bit�age — The gain which may be obtained by borrowing funds at a lower (often tax-exempt) rate and investing the proceeds at higher (often taxable) rates. The ability to earn arbitrage by issuing tax-exempt securities has been severely curtailed by the Tax Reform Act o f 19 8 6, as amende d Ave�age Life — The average length of time debt is expected to be outstanding Basis Point — One one-hundredth of one percent (0.0001) BBI — Bond Buyer Index. Comparison of current rates for various maturities Bid Fo�m — The document used by an underwriter to submit his bid at a competitive sale Bond — A security that represents an obligation to pay a specified amount of money on a specific date in the future, typically with periodic interest payments Bond Counsel — An attorney (or firm of attorneys) retained by the issuer to give a legal opinion concerning the validity of the securities. The bond counsel's opinion usually addresses the subj ect of tax exemption. Bond counsel may prepare, or review and advise the issuer regarding authorizing resolutions or ordinances, trust indentures, official statements, validation proceedings and litigation Bond Insu�ance — Bond insurance is a type of credit enhancement whereby a monoline insurance company indemnifies an investor against a default by the issuer to pay principal and interest in-full and on-time. Once assigned, the municipal bond insurance policy generally is irrevocable. The insurance company receives an up-front fee, or premium, when the policy is issued Book-Ent�y-Only — Bonds that are issued in fully-registered form but without certificates of ownership. The ownership interest of each actual purchaser is recorded on computer Bond Yea�s -$1,000 of debt outstanding for one year used to compute average life and net intere st c o st Call Option — The right to redeem a bond prior to its stated maturity, either on a given date or continuously. The call option is also referred to as the optional redemption provision Capital App�eciation Bond — A bond without current interest coupons that is sold at a substantial discount from par. Investors are provided with a return based upon the accretion of value in the bond through maturity Page 14 of 18 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Capital Lease — The acquisition of a capital asset over time rather than merely paying a rental fee for temporary use. A lease-purchase agreement, in which provision is made for transfer of ownership of the property for a nominal price at the scheduled termination of the lease, is referred to as a capital lease Closing — When bonds are exchanged for money (a/k/a delivery or settlement) Comme�cial Pape� (Tax-Exempt) — By convention, short-term, unsecured promissory notes issued in either registered or bearer form with a stated maturity of 270 days or less Competitive Sale — A sale of securities in which the securities are awarded to the bidder who offers to purchase the issue at the best price or lowest cost Coupon Rate — The interest rate on specific maturities of a bond issue. While the term "coupon" derives from the days when virtually all municipal bonds were in bearer form with coupons attached, the term is still frequently used to refer to the interest rate on different maturities of bonds in registered form Cove� Bid — The runner-up in a competitive bond sale C�edit Enhancements — Credit enhancements are mechanisms which guarantee principal and interest payments. They include bond insurance and a line or letter of credit. A credit enhancement, while costly, will usually bring a lower interest rate on debt and a higher rating from the rating agencies, thus lowering overall costs. Cost effectiveness of credit enhancement will be evaluated for each debt issue CUSIP Numbe� — The term CUSIP is an acronym for the Committee on Uniform Securities Identification Procedures. An identification number is assigned to each maturity of an issue, and is usually printed on the face of each individual certificate of the issue. The CUSIP numbers are intended to help facilitate the identification and clearance of municipal securities. As the municipal market has evolved, and the new derivative products are devised, the importance of the CUSIP system for identification purposes has increased Dated Date — A defined date at which interest begins to accrue from Debt Bu�den — The ratio of outstanding tax-supported debt to the market value of property within a jurisdiction. The overall debt burden includes a jurisdiction's proportionate share of overlapping debt as well as the municipality' s direct net debt Debt Limitation — The maximum amount of debt that is legally permitted by a jurisdiction's charter, constitution, or statutory requirements Page 15 of 18 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Debt Se�vice — The amount necessary to pay principal and interest requirements on outstanding bonds for a given year or series of years Debt Se�vice Rese�ve Fund — The fund into which moneys are placed which may be used to pay debt service if pledged revenues are insufficient to satisfy the debt service requirements. The debt service reserve fund may be entirely funded with bond proceeds, or it may only be partly funded at the time of the issuance and allowed to reach its full funding requirement over time, due to the accumulation of pledged revenues. If the debt service reserve fund is used in whole or part to pay debt service, the issuer usually is required to replenish the funds from the first available funds or revenues. A typical reserve requirement might be the maximum aggregate annual debt service requirement for any year remaining until the bonds reach maturity. The size of the reserve fund, and the manner in which it is invested, may be subj ect to arbitrage regulations. Default — The failure to pay principal or interest in full or on time. An actual default should be distinguished from technical default. The latter refers to a failure by an issuer to abide by certain covenants but does not necessarily result in a failure to pay principle or interest when due. Defeasance — Providing for payment of principal of premium, if any, and interest on debt through the first call date or scheduled principal maturity in accordance with the terms and requirements of the instrument pursuant to which the debt was issued. A legal defeasance usually involves establishing an irrevocable escrow funded with only cash and U.S. government obligations Deposito�y T�ust Company (DTC) — A limited purpose trust company organized under the New York Banking Law. DTC facilitates the settlement of transactions in municipal securities Downg�ade — A reduction in credit rating Ente�p�ise Activity — A revenue-generating proj ect or business. The proj ect often provides funds necessary to pay debt service on securities issued to finance the facility. The debts of such proj ects are self-liquidating when the proj ects earn sufficient monies to cover all debt service and other requirements imposed under the bond contract. Common examples include water and sewer treatment facilities and utility facilities Final Official Statement (FOS) — A document published by the issuer which generally discloses material information on a new issue of municipal securities including the purposes of the issue, how the securities will be repaid, and the financial, economic and social characteristics of the issuing government. Investors may use this information to evaluate the credit quality of the securities Page 16 of 18 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Flow of Funds — The order in which pledged revenues must be disbursed, as set forth in the trust indenture or bond resolution. In most instances, the pledged revenues are deposited into a general collection account or revenue fund as they are received and subsequently transferred into the other accounts established by the bond resolution or trust indenture. The other accounts provide for payment of the costs of debt service, debt service reserve deposits, operation and maintenance costs, renewal and replacement, and other requirements Gene�al Obligation Debt- Debt that is secured by a pledge of the ad valorem taxing power of the issuer. Also known as a full faith and credit obligation Good Faith Deposit — A sum of money given by the Underwriter to assure his bid Institutional Buye� — Banks, financial institutions, insurance companies, and bond funds Issuance Costs — The costs incurred by the bond issuer during the planning and sale of securities. These costs include but are not limited to financial advisory and bond counsel fees, printing and advertising costs, rating agencies fees, and other expenses incurred in the marketing o f an i s sue �Iunio� Lien Bonds — Bonds which have a subordinate claim against pledged revenues Lette� of C�edit — Bank credit facility whereby a bank will honor the payment of an issuer's debt, in the event that an issuer is unable to do so, thereby providing an additional source of security for bondholders for a predetermined period of time. A letter of credit often is referred to as an L/C or an LOC. Letter of Credit can be issued on a"stand-by" or "direct pay" basis Level Debt Se�vice — When annual payments are substantially the same each year Line of C�edit — Bank credit facility wherein the bank agrees to lend up to a maximum amount of funds at some date in the future in return for a commitment fee Manage� — The member (or members) of an underwriting syndicate charged with the primary responsibility for conducting the affairs of the syndicate. The managers take the largest underwriting commitment Lead Mana�er or Senior Manager The underwriter serving as head of the syndicate. The lead manager generally handles negotiations in a negotiated underwriting of a new issue of municipal securities or directs the process by which a bid is determined for a competitive underwriting. The lead manager also is charged with allocating securities among the members of the syndicate in accordance with the terms of the syndicate agreement or agreement among underwriters Page 17 of 18 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Joint Mana�er or Co-Manager Any member of the management group Municipal Secu�ities Rulemaking Boa�d (MSRB) — A self-regulating organization established on September 5, 1975 upon the appointment of a 15-member Board by the Securities and Exchange Agreement. The MSRB, comprised of representatives from investment banking firms, dealer bank representatives, and public representatives, is entrusted with the responsibility of writing rules of conduct for the municipal securities market. New Board members are selected by the MSRB pursuant to the method set forth in Board rules Negotiated Sale — A sale negotiation between competitive bidding of securities in which the terms of sale are determined through the issuer and the purchaser, typically an underwriter, without Net Inte�est Cost — The average interest cost of a bond issue calculated on the basis of simple intere st. Paying Agent — An agent of the issuer with responsibility for timely payment of principal and interest to bond holders P�elimina�y Of�cial Statement (POS) — The PO S is a preliminary version of the official statement which is used by an issuer or underwriters to describe the proposed issue of municipal securities prior to the determination of the interest rate(s) and offering prices(s). The preliminary official statement, also called a"red herring", often is examined upon by potential purchasers prior to making an investment decision P�esent Value — The value of a future amount or stream of revenues or expenditures in current dollars Refunding — An advance refunding is a refunding that occurs more than 90 days before the call date of the refunded bonds. A current refunding is a process of selling a new issue of securities to obtain funds needed to retire existing securities. Debt refunding is done to extend maturity and/or to reduce debt service cost Retail Buye� — Individual investors Revenue Bond — A bond which is payable from a specific source of revenue and to which the full faith and credit of an issuer with taxing power is not pledged. Revenue bonds are payable from identified sources of revenue, and do not permit the bondholders to compel a jurisdiction to pay debt service from any other source. Pledged revenues often are derived from the operation of an enterprise activity. Generally, no voter approval is required prior to issuance of such obligations Seconda�y Ma�ket — The market in which bonds are sold after their initial sale in the new issue market Page 18 of 18 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Senio� Lien Bonds — Bonds having a prior, or first claim on pledged revenues Se�ial Bonds — A bond issue in which the principal is repaid in periodic installments over the issue's life Split �atings — Different rating levels from different rating agencies Su�ety Bond — A bond guaranteeing performance of a contract or obligation Te�m Bonds — Term bonds usually refer to a particularly large maturity of a bond issue that is created by aggregating a series of maturities. A provision is often made for the mandatory redemption of specified amounts of principal during several years prior to the stated maturity, which effectively simulates serial bonds T�ue Inte�est Cost (TIC) — An expression of the average interest cost in present value terms. The true interest cost is a more accurate measurement of the bond issue's effective interest cost and should be used to ascertain the best bid in a competitive sale Va�iable Rate Bond — A bond on which the interest rate is reset periodically, usually no less often than semi-annually. The interest rate is reset either by means of an auction or through an index Upg�ade — An increase in credit rating s:\our documents�resolutions\10\best practices pipeline reso.doc RESOLUTION NO. RZO 1 O-OOg A RESOLUTION OF THE CITY OF DENTON, TEXAS, ENDORSING REGIONAL "BEST PRACTICES" STANDARDS CALCULATED AT FOSTERING IMPROVED INTRASTATE GAS UTILITY-MUNICIPAL RELATIONS WITH REGARD TO THE ACQUISITION AND ROUTING OF PIPELINE RIGHTS-OF-WAY THROUGH INCORPORATED AREAS AND EXTRA TERRITORIAL JURISDICTION AREAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is a duly incorporated municipality located in Denton County, and created in accordance with the provisions of Chapter 8 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the development of the Barnett Shale has necessitated the installation of a comprehensive intra-state pipeline network though which produced hydrocarbons are carried from gas well operators to the public utility system; and WHEREAS, this pipeline network frequently conflicts with the long range comprehensive planning goals of north Texas municipalities and creates hardship for individual property owners affected by pipeline routing; and WHEREAS, in an effort to mitigate the conflict and hardship posed by pipeline right-of- way acquisition and routing the Texas Pipeline Association, a private trade association representing the interests of the intrastate pipelines in Texas, has endorsed the concept of a regional "best practices" policy; and WHEREAS, through the collaborative efforts of many north Texas municipalities and the Texas Pipeline Association and its members, the parties have developed guidelines entitled: "Best Practices for Pipeline and Municipality Relations"; and WHEREAS, the City Council of the City of Denton, reviewed the `Best Practices for Pipeline and Municipality Relations" guidelines developed by this group, and decided to revise these guidelines in an effort to address certain issues; and WHEREAS, the revised non-binding "Best Practices for Pipeline and Municipality Relations" guidelines constitute a series of non-legislative standards setting forth the parties' expectations with respect to pipeline pre-routing, right-of-way acquisition and construction; and WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the best interest of the public health, safety and general welfare to endorse the revised non-binding "Best Practices for Pipeline and Municipality Relations" guidelines attached hereto; and WHEREAS, the City Council of the City of Denton, Texas would further encourage intrastate gas utilities to endorse and commit to the standards set forth in the revised "Best Practices for Pipeline and Municipality Relations" guidelines, with respect to pipeline operations in incorporate areas, NOW, THEREFORE, s:\our documents�resolutions\10\best practices pipeline reso.doc THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas, does hereby endorse the revised "Best Practices for Pipeline and Municipality Relations" guidelines attached hereto as Exhibit "A". The revised "Best Practices for Pipeline and Municipality Relations" guidelines are not intended to serve as legislation of the City of Denton, Texas, and instead are calculated at fostering improved intrastate gas utility-municipal relations with regard to the acquisition and routing of pipeline rights-of-way through the City. SECTION 2. This Resolution shall be effective from its date of adoption. PASSED AND APPROVED this the � day of , 2010. MARK A. U U , AY R ATTEST: JENNIFER WALTERS, CITY SECRETARY � ��I � / /�/ S,/i , APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: �, � � , Page 2 of 2 Best Practices for Pipeline and Municipality Relations I. Pre-Routing: A. Municipality will designate the department or person with whom pipeline operators should meet prior to obtaining easements and planning of final pipeline route. 1. Municipality will provide a packet of information which includes all ordinances and other planning documents which are applicable to pipelines. Pipeline operators will read all ordinances in advance. 2. Pipeline operators will present municipality with preliminary route(s) of pipelines, as well as accessory equipment including, but not limited to compressing facilities, from origin to terminus within the municipality's corporate boundaries together with fixed routing issues (e.g. known well locations that must be connected, existing right of way considered, required and anticipated issues along the preliminary route known by the pipeline operators to affect the routing). 3. Utilizing the municipalities' development review process, municipalities will provide initial development review comments on the preliminary route within a reasonable amount of time. Reasonable time is defined as not longer than tw+o (2) tiueeks for gathering lines and not longer than four (4) weeks for transmission lines. Pipeline operators agree to respond to the municipality's comments in a reasonable time frame. B. Consistent with the provisions of Section 181.005(b) and (c) of the Texas Utilities Code, pipeline operators will comply with the following requirements in deterniining routes within a municipality: 1. In determining the route of a pipeline within a municipality, a gas corporation shall consider using existing easements and public rights-of-way, including streets, roads, highways, and utility rights-of-way. In deciding to use a public easement or right-of-way, the gas corporation shall consider whether: (1) the use is economically practicable; (2) adequate space exists; (3) the use will violate, or cause the violation of any pipeline safety regulations. (4) the use may require an annual charge for pipeline placement; and (S) the use may require cost recovery for public infrastructure damage. 2. Route will be as consistent as practical with existing municipal planning documents and standard utility construction practices for existing and future municipal land uses while respecting private property rights. 3. Both parties will strive for the most direct, cost effective, and time efficient route. 4. The location of pipelines in public rights of way, utility easements or other City owned property may not interfere with or damage existing utilities or prevent the installation of master planned municipal inirastructure. 5. Pipeline operators will actively participate in planning of preferred pipeline routes with contiguous municipalities on a project by project basis. II. Right-of-way Acquisition: A. Pipeline operators will require right-of-way agents to be registered with the Texas Real Estate Commission (TREC). B. Pipeline operators commit to negotiate in good faith with property owners before resorting to eminent domain. If eminent domain is to be utilized in the corporate city limits of a municipality, the pipeline operator will provide prior notice to the City Manager, or chief administrative official, of the affected municipality. C. A current copy of the GENERAL GUIDELINES FOR RIGHT OF WAY ACOUISTION, CONSTRUCTION AND OPERATIONS is attached to this document as Attachment A. III. Construction Phase: A. Municipalities commit, when practical, to grant temporary working easements within public rights of way during construction consistent with existing regulatory authority. B. Pipeline operators will promptly respond to complaints and will provide to the City contact information for a 24-hour representative who can be reached at all stages of construction. C. Pipeline operators will work cooperatively with municipalities in locating pipeline structures in relations to critical municipal infrastructure. D. Pipeline operators shall only remove trees and other vegetation in a manner that is consistent with local ordinance(s), unless additional removal is demonstrated as being necessary for pipeline safety and/or regulatory compliance. E. Pipeline operators will provide copies of "as built" plans, pipeline inventory updates, and final pipeline routing maps within the municipalities' corporate limits and extra territorial jurisdiction (ETJ) in a format acceptable to the Municipality. These maps will include accessory equipment including, but not limited to, compressing facilities. F. Municipalities and their contractors will commit to use the State's One-Call system when undertaking any excavations in order to avoid damaging pipelines. IV. Desirable: A. Pipeline operators will work with municipalities to employ principles to reduce noise and environmental impacts on neighboring residents and businesses, consistent with existing local ordinances. B. When the pipeline operator has the right to do so and it is reasonable to do so, and when it would not unreasonably interfere with operations, the pipeline operator may grant municipalities surface uses in pipeline easements. FILE REFERENCE FORM R2010-009 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Re laced b Resolution No. R2012-009 04/17/12 JR S:10ur pocuments�Resolutions1101Tax Abatement Policy Reso.doc RESOLUTION NO. R2010-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, REPLACING A POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS; AND DECLARING AN EFFECTNE DATE. WHEREAS, on June 6, 2000, the City Council adopted guidelines and criteria, lcnown as the Denton Policy for Tax Abatement (sometimes referred to as "Policy"), passing by Resolution No. R2000-028; and WHEREAS, on May 1, 2001, the City Council amended the Policy to allow waiver of the five million dollar threshold and the maximum tax abatement percentage; to define professional positions; to malce other changes as set forth in the amended Policy; and WHEREAS, on August 19, 2003, the City Council amended the Policy to make additional changes in the Policy and under the provisions of the T� Code the Policy expired on August 19, 2005; and WHEREAS, on December 6, 2045, the City Council amended the Policy to malce additional changes in the Policy and under the provisions of the Tax Code the Policy expired on August 19, 2005; and WHEREAS, in accordance with Chapter 312 of the Texas Taa� Code requiring that tax abatement policies be adopted every two years, the Policy was adopted on February 5, 2008; and WHEREAS, the City Council desires to promote economic development within Denton; and WHEREAS, providing tax abatement and other economic development incentives within the City and its extraterritorial jurisdiction will likely contribute to the economic development of Denton by encouraging major investment, the creation of jobs, and other economic development benefits; and WHEREAS, the Property Development and Tax Abatement Act, Chapter 312 of the Tex. Tax Code, allows the city to establish its own criteria for tax abatement and the City has previously adopted guidelines for tax abatement by passing resolutions Nos. R90-018, R98-004, R2000-028, R2001-020 and R2003-021, R2005-057, R2008-003; and WHEREAS, the City Council deems it in the public interest to continue to be eligible for participation in tax abatement and to adopt policies, guidelines and criteria governing tax abatement agreements to be known as the Denton Policy for Tax Abatement; NOW, THEREFORE, S:10ur pocumentslResolutions1101Ta�c Abatement Policy Reso.doc THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The polices, guidelines and criteria found in the Denton Policy for Tax Abatement, attached hereto as Exhibit A and made a part of this Resolution and incorporated herein for all purposes, are in all things approved and adopted. From and after the effective date of this Resolution, the attached Denton Policy for T� Abatement shall constitute policy guidelines and criteria governing t� abatement agreements for the City of Denton in accordance with Chapter 312 of the Tex. Tax Code. SECTION 2. Pursuant to Tex. Tax Code Section 312.002(c) the guidelines and criteria adopted herein shall be effective for two (2) years, during which time the guidelines may be amended or repealed by a vote of 3/4 of the members of the Council. SECTION3. The City Council hereby reasserts its decision to become eligible to participate in tax abatement. The City Council provides certain tax incentives applicable to business enterprises in various reinvestment zones which are established in the City, in accordance with the applicable provisions of Chapter 312 of the Tex. Tax Code and in accordance with the guidelines and criteria established in the attached Exhibit A and in the amended Policy. SECTION 4. This Resolution sha11 become effective immediately upon its passage and approval at the regular meeting of the City Council of the City of Denton, Texas, on the 20th day of April, 2010, at which meeting a quorum was present and which meeting was held in accordance with the provisions of Tex. Gov.'t Code §551.001, et seq. PASSED AND APPROVED this the 20th day of ATTEST: JENNIFER WALTERS, CITY SECRETARY : APPR�ED ASVI'O LEGAL FORM: ANITA URGESS, CITY ATTORNEY BY: � , l Page 2 of 2 .7 2010 Tax Abatement Policy DENTON POLICY FOR TAX ABATEMENT I. GENERAL PURPOSE AND OBJECTIVES The City of Denton (Ciiy) is committed to the promotion of high quality development in a11 parts of the city and to an ongoing improvement in the quality of life for its citizens. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City will, on a case-by-case basis, give consideration to providing tax abatement as a stimulus for economic development in Denton. It is the policy of the City that said consideration will be provided in accordance with the procedures and criteria outlined in this document. Nothing herein shall imply or suggest that the City is under any obligation to provide tax abatement to any applicant. All applicants sha11 be considered on a case-by-case basis. Abatements will be considered only as inducements to generate development that otherwise would not occur. Abatements will not be considered if construction of a project already has begun. Tax abatements, as described in this Policy, will be available for new and/or existing facilities and structures and for businesses wanting to locate, expand or modernize, existing or new facilities and structures, including, without limitation, basic industries, corporate office headquarters or distribution centers, except as this Policy may be limited for property described in Section 312.211(a) of the Texas Property Tax Code (Vernons Texas Civil Statutes Annotated, hereinafter referred to as "Tax Code.") II. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD Requests for tax abatement shall be reviewed by the Economic Development Partnership Board (`Board"), the Board being comprised of two City Council members, two Chamber of Commerce Board members, two representatives from the top twenty t�payers, and one representative from the University of North Texas. The Board serves as a recommending body to the City Council regarding whether economic development incentives should be offered in each individual case. Its recommendation shall be based upon an evaluation of information submitted in the t� abatement application and any additional information requested by the Board or presented to the Board. The T� Abatement Application sha11 be substantially in the form of Exhibit A of this Policy. All meetings of the Board shall be held in compliance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. III. VALUE OF INCENTIVES The criteria outlined in the Application will be used by the Board in determining whether or not it is in the best interests of the City to recommend that t� abatement be offered to a particular project. 2010 Tax Abatement Policy Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community as described in the Denton Comprehensive Plan, as well as the relative impact on growth, employrnent, expansion of the t� base, economic development and human health and the environxnent. New, expanding and modernizing businesses may be considered for abatement if the minimum threshold, as described in Table 1 below, is met. Once a determination has been made that tax abatement should be offered, the value and term of the abatement may be deterniined by referencing the following table: TABLE 1: Establishes a framework for considering the length and percentage of abatement according to assessed real property value of improvements and of tangible personal property located on the real property. VALUE OF STRUCTURE AND PERSONAL PROPERTY yEp,RS OF PERCENTAGE OF IN MILLION DOLLARS ABATEMENT ABATEMENT 100 10 25% 80 9 25% 65 8 25% 50 7 25% 35 6 25% 20 5 25% 15 4 25% 10 3 25% 5 2 25% To qualify, companies must meet the minimum threshold of the Policy in the first 24 months from the execution of the agreement or as specified in the t� abatement agreement. If upon initial application a project qualifies for tax abatement under the guidelines set forth in this Policy, the City may consider granting an additional 5% abatement for each one of the following factors provided, however, that the total tax abatement does not exceed 50% annually or continue for a period of more than ten years. No applicant may receive credit for more than five of the following factors: The project will occupy a building that has been vacant for at least two years; The project will create high-skilled, high-paying jobs as documented by the applicant; (A breakdown of number of jobs per job classification and entry level wage per classification will be used to determine eligibility); The project will involve a significant relationship with one of the iwo universities in Page 2 of 18 2010 Tax Abatement Policy Denton; ■ At least 25% of the new jobs created by the project will be filled by Denton residents; ■ The project will provide knowledge-based jobs (at least 25 percent of jobs require college bachelors degree at entry level); ■ The project will donate significant public art to the community. (To qualify, donation must be approved by Greater Denton Arts Council and City Council); ■ The project will donate significant materials/equipment to the public schools (to qualify, donation must be approved by DISD and City Council); ■ The project will create improvements to the Denton Central Business District; ■ The project will result in the formation of a business park; ■ The project is an international or national headquarters facility. ■ The project is a medical manufacturing or research facility. ■ The project incorporates significant environmentally sustainable practices to include: Leadership in Energy and Environmental Design (LEED) certification, recycling initiatives or the incorporation of clean technology. ■ Renewable Energy will be generated, stored or utilized for the project on an ongoing basis. The total tax abatement may not exceed 50% annually for ten years. All abatements are subject to final approval of the City Council. Even though a project may meet the criteria as set forth in this Policy, an application may be denied at the discretion of the City. Tax abatement shall not apply to any portion of the land value of the project. The thresholds as described in Table 1 are considered guidelines for establishing the T� Abatement Agreement terms. However, the City may determine that a lower or higher percentage and/or a shorter or longer term of abatement may be more appropriate for an individual project. If the abatement is approved, the City may consider applying all or a portion of the abatement in the first year or during any shorter period within the term of the t� abatement agreement. For example, an approved abatement of 25 percent for four years may be applied as 100 percent abatement for one year. When the City of Denton deternunes that incentives are required to retain existing businesses, which propose to improve or redevelop properly within the City limits, the Denton City Council may consider these "special projects" on a case-by-case basis and reserve the right to waive the minimum threshold and/or exceed fifty percent (50%) in t� abatement. The City of Denton may also take into consideration as "special projects" the expansion/redevelopment of existing businesses that create new or additional professional jobs. New or existing businesses that incorporate environmentally sustainable practices or have a renewable energy component may also be considered "special projects." Abatement hereunder will only apply to the increased valuation of the improvements over the appraised value of the property prior to such improvements as same is established by the Denton Central Appraisal District the year in which the tax abatement agreement is executed. The City may also consider other tax incentives authorized by law. Professional jobs are defined as "occupations which require specialized and theoretical knowledge which is usually acquired through college training or through work experience and other training which provides comparable knowledge; a calling requiring specialized knowledge and often long and intensive academic prepaxation; requires some research, analysis, report writing and presentations. Special licensing, certification, or registration may be required to perform the job Page 3 of 18 2010 Tax Abatement Policy task; the work of professional positions is creative, analytical, evaluative, or interpretive, and is characterized by personal responsibility to keep abreast of and exercise judgment and broad perspective in the application of an organized body of knowledge that is constantly studied to make new discoveries and interpretations or to improve the data, materials and methods; may involve some supervision and budgeting/planning." A business park is . defined as a multi-building, multi-tenant, master planned complex of approximately one million square feet or m�re of under roof, constructed to house manufacturing, distribution, assembly, and office facilities. Leadership in Energy and Environmental Design certification is a voluntary internationally recognized green building certification system, providing third-pariy verification that a building or communiiy was designed and built using strategies aimed at improving performance across all the metrics that matter most: energy savings, water efficiency, CO2 emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts. The certification levels consist of the following: Basic, Silver, Gold and Platinum and are weighted on a 100 point system. The LEED system measures: innovation in design; sustainable sites; water efficiency; energy and atmosphere; materials and resources; indoor environmental quality; and locations and linkages. When the City determines that abandoned property may require additional incentives to promote economic development that generally satisfies the requirements of this Policy, the City may waive the minimum threshold andlor exceed fifly percent (50%) in tax abatement, or consider other t� incentives for special projects to redevelop abandoned buildings consistent with existing law. For the purpose of this Policy, an abandoned building is defined as a building that has been identified as being suitable for commercial or industrial development, has been vacant for a minimum of five years or has substantially declined in appraised value. Abatement would only be considered on the increased valuation of the improvements in each year covered by the tax abatement agreement over the value of the property for the year in which the tax abatement agreement is executed. The City may also consider other tax incentives authorized by law. Preliminarv Anplication IV. PROCEDURAL GUIDELINES Any person, organization or corporation desiring that the City consider providing t� abatement to encourage location or expansion of facilities within the limits of the jurisdictions sha11 be required to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest that the City is under any obligation to provide tax abatement to any applicant. A. Applicant shall complete the attached "Application for Tax Abatement." B. A separate application is required for projects seeking LEED Certification. C. Applicant shall prepare a map or other documents providing the following: Page 4 of 18 2010 Tax Abatement Policy ■ precise location of the property and all roadways wit�un 500 feet of the site ■ existing uses and conditions of real property ■ proposed improvements and uses ■ any proposed changes in zoning ■ compatibility with the Denton Comprehensive Plan and applicable building codes and City ordinances. D. A complete legal description shall be provided. Applicant shall complete a11 forms and information detailed in the Application and submit all information to the City Manager, City of Denton, 215 E. McKinney, Denton, TX 76201. E. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. F. The application will be distributed to the appropriate City departments for internal review and comments. Additional information may be requested as needed. G. Copies of the complete application package and stafF comments will be provided to the Board. H. Fiscal agents of the City will review the application for comments and recommendation. Additional information may be requested as needed. Consideration of the Apnlication I. The Board will consider the application at a regular or called meeting(s). Additional information may be requested as needed. J. The recommendation of the Board will be forwarded, with all relevant materials, to the City CounciL K. If the City Council decides to grant a t� abatement, it shall ca11 a public hearing to consider establishrnent of a tax reinvestment zone in accordance with Section 312.201 of the Tax Code. The reinvestment zone must meet one or more of the criteria of Section 312.202 of the T� Code. L. The City Council shall hold a public hearing and determine whether the project is "feasible and practical and would be of benefit to the land to be included within the zone and City after the expiration of the tax abatement agreement in accordance with Section 312.201." Special consideration shall be given to policies noted in the Denton Comprehensive Plan when designating a t� reinvestment zone. M. The City Council may consider adoption of an ordinance designating the area described in the legal description of the proposed project as a commerciaUindustrial ta�� abatement zone. Page5of18 2010 Ta�c Abatement Policy N. The Ciiy Council may consider adoption of an ordinance or resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the t� abatement and the commitments of the applicant, including all the terms required by Section 312.205 of the Tax Code and such other terms and conditions as the City Council may require. Should the comrriitments subsequently not be satisfied, the tax abatement shall be null and void (unless the tax abatement agreement provides for a recapture of the property t� revenue lost proportionate to a partial failure to meet the minimum thresholds set forth in the agreement) and all abated taxes sha11 be paid 'unmediately to the City of Denton and a11 other taxing jurisdictions participating in the tax abatement agreement. Provisions to this effect shall be incorporated into the agreement. N. The City reserves the authority to enter into t� abatement agreements at differing percentages and/or terms as set forth in the guidelines of this Policy, consistent with the requirements of the Tax Code. Any tax abatement agreement will address various issues, including but not limited to, the following: 1. General description of the project; 2. Amount of the t� abatement and percent of value to be abated each year; 3. Method of calculating the value of the abatement; 4. Duration of the abatement, including commencement date and termination date; 5. Legal description of the property; 6. Kind, number, location and timetable of planned improvements; 7. Specific terms and conditions to be met by applicant; 8. The proposed use of the facility and nature of construction; 9. Contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assigrunent. Annual Evalua�ion Upon completion of construction, the City Council sha11 receive from the City Manager an annual evaluation of each abatement to insure compliance with the agreement and to report possible violations of the agreement to the taxing entities. After new tax base numbers are received in July of each year, the City Manager and his staff will have ninety (90) days to review and prepare a breakdown of those figures. Local Businesses and Historicallv Underutilized Businesses Businesses receiving a t� abatement are asked to use diligent efforts to purchase all goods and services from Denton businesses whenever such goods and services are comparable in availability, quality and price. Page 6 of 18 2010 Tax Abatement Policy The City of Denton also encourages the use, if applicable, of qualified contractors, subcontractors and suppliers who are historically underutilized businesses based on information provided by the General Services Commission pursuant to Chapter 2161 of the Government Code. In the selection of subcontractors, suppliers or other persons or organizations proposed for work on this Agreement, the OWNERS agree to consider this Policy and to use their reasonable and best efforts to select and employ such companies and persons for work on this Agreement. Job Recruiting from Low-Moderate Income Census Tracts Businesses receiving tax abatements are asked to endeavor to make available, or endeavor to cause lessees or assignees to make available, full-time or part-time employment with on-the job training for Denton citizens. In this effort, the business, lessee or assignee is encouraged to recruit from the low-moderate income Census tracts as further defined in the Concentration of Low/Mod Income by Block Groups shown below. �ENTON,TEXAS Concentration of Low/Moderate Income households by Block Groups Page 7 of 18 Concentration of LowlMod Income by Block Groups 0-50% 51%-60% = ,�; 61 °/a - 70% 71 % - 80% 81%-90% �� ` 91%- 100% � ��k,- Source: 2000 U.S. Census 2010 T� Abatement Policy EXHIBIT A The City of Denton Tax Abatement Application About tlze Application... The Tax Abatement Application provides the City with specific information on the project. The information requested in the Application is designed to address the criteria developed within the City of Denton's Tax Abatement Policy. The information serves as the basis for fiscal analysis and overall project evaluation. This evaluation is provided to Council Members and serves as a source document during City Council deliberations. The Application and tlae Agreerreent... Specific information from the Application (such as value of new investment and employment commitments) is incorporated into the Abatement Agreement. In fact, the Application is an attaclunent to the Agreement. Since the agreement is a binding contract, it is important that each question on the application be answered in full and as realistically as possible. Simply put, the application is part of the process from start to finish so you'll want to make sure you're comfortable with the contents. Wlien Is The Application Final? The answer to this question is very simple: When you tell us, "It's final." It is not uncommon for a property owner(s) to submit numerous Applications as drafts for informational and evaluative purposes only. As conversations continue, the property owner will submit a finalized version of the Application that includes all of the commitments agreed to during the discussions. What about Confidentiality7 Section 312.003 of the Texas Tax Code makes confidential information provided to the City as a part of this application that describes the specific processes or business activities to be conducted or the equipment or other property to be located on the property. This information is not subject to public disclosure until the tax abatement- agreement is executed. Section 522.131 of the Texas Government Code (Texas Public Information Act) makes confidential information which relates to economic development negotiations between the City and a business prospect that the City seeks to have locate, stay or expand in or near the territory of the City. The information must relate to a trade secret of the business prospect, commercial or financial information which the business prospect can demonstrate based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained or information about a fmancial or other incentive being offered to the business prospect by the City or by another person. Information about a financial or other incentive being offered to the business prospect is required to be disclosed when an agreement is made with a business prospect. The City is subject to disclosing most records and documents upon request under the Public Information Act. Accordingly, please clearly indicate and mark any information you consider proprietary. This would include anything in your application which you consider a trade secret, commercial or financial information w$ich you can demonstrate by specific factual evidence that would cause substantial competitive harm if disclosed, information which describes the specific processes or business activities to be conducted or the equipment or other property for which the tax abatement is sought, any financial or other incentive you may be seeking from the City or any other information you deem to be confidential under the law. N'lio is Autl:orized To Sign tlae Application7 Because the Application itself is non-binding, the person signing need not be the properly owner or even an Page 8 of 18 2010 Ta�c Abatement Policy individual duly authorized to sign on behalf of the properiy owner. However, if an Agreement is reached, the Application will be an attachment to the Agreement and its contents will be binding through the authorized signature required on the Agreement. Page9of18 2010 Tax Abatement Policy �XI-�I�iT A CITY QF Ci of Denton Tax Abatement A lication pp City of Denton Department of Economic Development Denton, Texas 76201 (940) 349-7776 (940} 349-8596 FAX www.citvofdenton.com Linda. Ratliff(�a,citvofdeuton. com Pagel0ofl8 2010 Tax Abatement Policy APPLICATION FOR TAX ABATEMENT CITY OF DENTON, TEXAS Property Owner Company or Project Name Mailing Address Telephone Fax No. Website Contact Name Title Mailing Address Telephone Fax No. Email Address 2. Provide a chronology of plant openings, closing and relocations over the past 15 years. Provide a record of inergers and financial restructuring during the past 15 years. 4. Will the occupants of the project be owner or lessee? If lessee, are occupancy commitments already existing? 5. Is the proj ect a relocation of existing facility or a new facility to expand operations? If relocation, give current location. Page 11 of 18 2010 Tax Abatement Policy 6. If an existing Denton business, will proj ect result in abandonment of existing facility? If so, the value of the existing facility will be subtracted from the value of the new facility to arrive at total project value. 7. Properiy Description. - Attach a copy of the legal description detailing properiy's metes and bounds. - Attach map of project including all roadways, land use and zoning within 500 feet of site. 8 9 Current Value. Attach copy of latest properiy tax statement from the Denton County Central Appraisal District (include both real and personal property). Increased Value/Estimated Total Cost of Project. Structures Personal Property $ $ Site Development $ Other Improvements $ 10. Indicate percent of tax abatement and number of years requested. Percent Requested Years Requested List any other financial incentives this project will requesdreceive Estimated Freeport Exemption Estimated Electric Utility Industrial Development Rider Estimated Water/Wastewater Infrastructure Assistance $ $ $ 11. Give a brief description of the activities to be performed at this location, including a description of products to be produced and/or services to be provided. Page 12 of 18 2010 Tax Abatement Policy 12. Describe any off-site infrastructure requirements: • Water • Wastewater • Streets • Drainage • Other 13. Proj ect Operation Phase. Provide employment information for the number of years tax abatement is requested. At Project Existing Start Date At Term of Employment Information Operation (mo/yr) Abatement (if applicable) / A. Total number of permanent, full-time jobs B. Employees transferred from outside Denton C. Net permanent full-time jobs (A. minus B.) E. Total annual payroll for all permanent, full-time jobs (A.) F. Types of jobs created. List the job titles and number of positions in each category that will be employed at the facility. Provide average wage for each category. G. Indicate the number of shifts the �roject will operate Page 13 of 18 2010 Ta�c Abatement Policy H. Estimate annual utility usage for project: Electric kWh I Water gPd Wastewater gpd I Gas mcf 14. Describe any other direct benefits to the City of Denton as a result of this project (e.g., sales tax revenue or project elements identified in Tax Abatement Policy, Section IIn. 15. Is property zoned appropriately? Yes No Current zoning. Zoning required for proposed project. Anticipated variances. 16. Is property platted7 Yes No Will replatting be necessary Yes No 17. Discuss any environmental impacts created by the project. A. List any permits for which applicant must apply. Applicant will be required to provide City with copies of all applications for environmental permits upon completion of application(s). B. Provide record of compliance to all environmental regulations for the past five years. 18. Provide specific detail of any businesses/residents that will be displaced and assistance that will be available from the requesting company. Page 14 of 18 2010 Tax Abatement Policy 19. Provide description of any historically significant area included within the proj ect's area as determined by the Historic preservation OfFicer. If any, give detail of how the historically significant area will be preserved. 20. Justification for Tax Abatement Request: Substantiate and more fully describe the justification for this request. Include the amount of the abatement requested and show how it will contribute to the financial viability of the proj ect. Submit attachments if necessary. 21. List additional abatement factors to be considered for this project as outlined on pages 3 and 4 of the Tax Abatement Policy. 22. Financial Information: Attach a copy of the latest audited fmancial statement or, in the case of a new project, a business plan. 23. Does the project have an eligible environmentally sustainable or renewable energy component (if so, please identify type and provide a brief descriprion)? 24. Applicants seeking LEED certification must complete the Green Building Application for Tax Abatement (Exhibit B of the policy). Page 15 of 18 2010 Tax Abatement Policy This tax abatement application is submitted with the acknowledgement that additional certified financial information may be required. Authorized Signature Date: �XIiIBI'�' 1� CIT� OF Page J.6 of 18 2010 Ta�c Abatement Po(icy Ci of Denton Green Buildin Tax g Abatement A lication pp City of Denton Department of Economic Development Denton, Texas 76201 (940) 349-7776 (940) 349-8596 FAX www. citvofdenton. com GREEN BUILDING APPLICATION FOR TAX ABATEMENT CITY OF DENTON, TEXAS Property Owner Company or Project Name Mailing Address Telephone Fax No. Website Contact Name Title Page 17 of 18 2010 Tax Abatement Policy Mailing Address Telephone Fax No. Email Address Project location address: Provide documentation that the project has been registered with the U.S. Green Building Council. 4. Provide a description of the proj ect (please include the building size, number of occupants and estimated budget). 6. Attach a preliminary Leadership in Energy and Environmental Design (LEED) Scorecard illustrating how project will achieve the LEED certification. Level of Certification: Number of Points: This Green Building Tax Abatement Application is submitted with the acknowledgement that additional information may be required. Authorized Signature Date: Page 18 of 18 \\CODAD�Departments\Legal\Our pocuments�Resolu6ons\10\Cinco De Mayo alcohol sell.doc RESOLUTION NO. RZO 1 O-O 10 A RESOLUTION ALLOWING LA MEXICANA TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY 1, 2010, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT 1N 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 La Mexicana (called "La Mexicana"), has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Cinco De Mayo Celebration on May 1, 2010; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that La Mexicana 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 Parlcs, Recreation, and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. La Mexicana shall be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration on May 1, 2010 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; Page 1 of 2 UCODAD�Departments\Legal\Our pocuments�Resolu6ons\10\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 �Q�day of , 2010. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY - BY: �� • Page 2 of 2 ,r , �� ,. . . ; Sr� ►�r . � . 1\codad\deparanentsllegallour documents\contracts1101cinco de mayo contractdoc QUAKERTOWN PARK AGREEMENT FOR THE CINCO DE MAYO STATE OF TEXAS § COUN"TY OF DENTON § � This Agreement, made this �0 — day of ^� 2010, by and between the Ciry of Denton, a municipal corporation, hereina er referred to as the "CITY" and LA MEXICANA, (called "LA MEXICANA"). WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties h.ereto do mutually agree as follows: AR.TICLE 1 GENE1tAL The City grants to LA MEXICANA the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the CINCO DE MAYO on May 1, 2010, 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 2U 10. ARTICLE 2 SCOPE OF SERVICES LA MEXICANA in order to exercise the privilege to sell alcoholic beverages must perform the following: A. LA MEXICANA 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. LA MEXICANA shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the CINCO DE MAYO. C. LA MEXICANA shall be solely responsible for the obt�ining and paying for any security necessary for their sale of alcoholic beverages at the CINCO DE MAYO. LA MEXICANA 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 t1�e CINCO DE MAYO. ARTICLE 3 LOCAL RULES AND REGULATION LA MEXICANA agxees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Quakertown Park Rules and Regulaiions, to obtain ali necessary and proper licenses, permits and autl�orizations, and to comply with the requirements of any duiy authorized person acting in connection therevvith. LA MEXICANA 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. LA MEXICANA will exercise reasonable care and due diligence in their sale of alcoholic beverages at the CINCO DE MAYO. ARTICLE 4 INDEMNITY AGREEMENT LA MEXICANA shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and aga.inst any and a11 liability, claims, dernands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the C�TY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions o� LA 1VIEXICArtA or its ofFiceis, shareholders, agents, or employees in the execution, operation, or pe�rformance of this Agreement. Nothing in this Agreement sha11 be construed to create a liability to any person who is not a party to this Agreement, and nothing herein sha11 waive any of the parties' defenses, both at law or equity, to amy claim, cause of action, or litigation filed by az�yone not a party to this Agzeemet�t, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE During the performance of the Ageement, LA MEXICANA sha11 maintain the fallowing insurance with an insurance company licensed to da 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, azxd 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 a�ny event occu.t�ring on City-owned property where alcoho� will be provided or served. CINCO DE MAYO Agreement — Page 2 C. LA MEXICANA shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CTTY 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 LA MEXICANA. In such event, LA MEXICANA shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ART�CLE 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 commwnicated as of three (3) days' mailing: To LA MEXICANA: LA MEXICANA Valentine Carmona 619 North Locust Street Denton, TX 76201 To CITY: City of Denton City Manager 215 E. McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whonn such notice is given, ox within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (S) 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 a11 prior contemporaneous offers, pxomises, representations, negotiations, discussions, communications, az�d agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABILITY If any provisian of this Agreement is found or deemed by a court of competen# jurisdiction to be invalid or unenforceable, it shall he considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or u�enforceable. In such event, the parties shall refozm this Agreernent to replace such stricken provision wxth a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. CINCO DE MAYO Ageement — Page 3 ARTICLE 9 DISCRIMINATI�N PROHIBITED In perfornung the services required hereunder, LA MEXICANA shall not discximinate against any person on the basis of race, color, religion, sex, national origin ox ancestxy, age, or physical handicap. ARTICLE 10 PERSONNEL LA MEXICANA represents that it has or will secure, at its own exper�se, all personnel reguired to perfortn all the services required under this Agreement. Such personnel shall not be employees or off'icers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY LA MEXICANA shall not assign any interest in this Agreement, and shall not transfer any interest in tY�is Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY, ARTICLE 12 MODTFICATION No waiver or modification of this Agreement or of any covenant, conditaon., 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 heret� 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 tk�e parties further agree that the provisions of this section will not be waived unless as set forth herein. ART�CLE 13 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: (list e�ibits} Exhibit "A" Resolution No. /Q- / B. Venue of any suii or cause of action under this Agreement sha111ie 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 infonmational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreeznent. CINCO DE MAYO Agreement — Page 4 IN WITNESS HEREOF, the City of Denton., Texas h�.as caused this Agreement to be executed by its duly authorized City Manager, and LA MEXICANA has exe uted this Agr emen�t through its duly authorized undersigned officex on this the � day of 201.0. CITY OF DENTON, TEXAS ...-- GEORGE . CAM�'BELL, ITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: �- APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY , BY: fi1:1 : WITNESS: : CINCO DE MAYO Agreement —Page 5 \\CODAD�Departments�I.egal\Our pocuments�Resolutions\10 EX H I B IT A RESOLUTION NO. R2010-010 A RESOLUTION ALLOWiNG LA �MEXICANA TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY l, 2010, 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 La Mexicana (called "La Mexicana"), has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Cinco De Mayo Celebration on May l, 2010; and . WHEREAS, the Paxks, Recreation, and Beautification Board has recommended that La Mexicana 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. La Mexicana shall be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration on May 1, 2010 at the Quakertown Paxk 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; Page 1 of 2 \\CODAD�Departrnents\Legal\Oar pocuments�Resolutions\10\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. �/J� PASSED AND APPROVED this the �Q�L day of 1,��/L(� , 2010. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � � — \ \ Page 2 of 2 � � � ��.�r� ,.�� • : T::'. �� . � . s:\our documentslresolutions\10\arts & jazz festival res.doc RESOLUTION NO. R2010-011 A RESOLUTION ALLOWING PRO-FEST, INC. TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE DENTON ARTS & JAZZ FESTIVAL FOR THREE CONSECUTIVE YEARS, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Qualcertown Park and through the City of Denton co-sponsors the Denton Arts & Jazz Festival at the Quakertown Parlc; 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 for three consecutive years 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 l. Denton Festival Foundation shall be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival for three consecutive years, the first being Apri123-25, 2010 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 �D �iL day of , 2010. MARK A. B RR AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �� BY: 11CADAD1DeparlmemslLeg�lO�u DocumentslCt�ntracts1101Art5 and lazz Fes6val Co�actdoc QUAI�E�ZTOWN PARK AGREEMENT FOR THE DENTON ARTS & JAZ2 FESTiV,AL STATE OF TEXAS § COUNTY �F DENTON § �O� �JQ/'�/ C � `� This Ag�reement, mad.e th7is—� day of 2010, by and betweeu the City of Denton, a municipal corporation, hereinafter referred ta as the "CITY" ar�d PRO-FEST, 1NG. WITNESSETH, tbat in consideration of the covenants and agreemer�ts herein cc�ntained, the parties hereta da mutually agree as follows: ARTiCLE 1 GENERAL The Ciiy 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 and Jazz Festivai celebr�tion on� Apri123-�5, 2Qld, to be held at the Quakertown Park. Attached hereto and made a part hereof by is a copy of the reso�ution passed by fihe City Council of Denton, Texas au�horizing this privilege. This privilege extends three years beyond the date of the Denton Arts and Jazz Festival celebration set for the year 201Q. ARTICLE 2 SCOPE OF SE1tVICES PRO-�ST, FNC. in order to exercise the privilege to sell alcoholic beverages must perform the £ollowing: A. PRO-F�ST, IN'C. shall be �olely responsible for the rental a�nd payment �ar any booth space necessary for the sale af alcoholic beverages at t�e Denton Axts and Jazz Festival_ B. PRO-FEST, I�TC. sha11 be solely responsible to obtain. an.y temporary license and permit necessary for the selling of alcoholic bevezages at the Den#on Arts and Jazz Festival. C. PRO-FEST, INC. shall be solely responsible for the obtaining and paying �'ar any security necessaiy for theix sale of alcolnolic beverages at the Denton Arts and Jazz Festival. PRO-FEST, IlVC.'s failure to do any of the above an�d to sho�w proper proof of compliance sha11 waive their right to e�ercise the privilege of selling alcoholic beverages at the Denton Arts and 3azz Festival. � � ARTICLE 3 LO�AL RULES AND REGULATION PRO-FEST, �.NC. agrees ta abide by all ixaunicipal, caunty, state and federal Iaws, ordinances, rules and regulatian� and specifically, without li�►itatian, the Dentan Civic Center Rules and Regulations, to obtain all necessazy and proper licenses, permits and authorizations, and to comply with the requir�ments of any duly authorized person acting in connection therewith. PRO-FEST, INC. shall �ay all taxes, if any, of evsry nature and description arising out of or in arxy znanner connected wiih the sale of alcoholic beverages. PRO-FEST, INC. wi�l exercise reasonable care and due diligence in their sale of alcoholic beverages at the Denton Airts and Jazz Festival. ARTICLE 4 INDENINITX AGREEMENT PR4-FEST, INC. shall indemnify and save and hold harmless the CITY and 'zts officers, agents, and employees izom and against any and all liability, claims, demands, loss�s, a�d expenses, includiung but not lirnited to, court costs aaxd reasonable attomey fees incurred by the CITY, and including, without lirnitaxion, damages for badily and personal injury, death and properiy damage, resulting from the negligent acts ox omissions of PRO-FEST, ING ox it officers, shaxeholders, agents, or employees in t�e execution, operation, or perfortnance of this Agreement. Nothing in this Agreement shall be construed to crea.te a liabiiiiy to any per�on who is not a party to this Agreement, and nothing herein shall waive any of the parGies' defense�, both at law or equity, to any claim, eause of action, or litigation filed by anyone not a party to this Agreerm.ent, including the defense of gavernmental immt�nity, which defenses are hereby expressly reserved. ARTICLE 5 INSURAN�CE Uuring the performanee of the Agreement, PRO-FEST, INC. shall ma.intain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission ar any successor agency that Yaas a rating ��vith Best Rate Carriets of at least an A- ar above: A. Comprehensive General Liability Insura�ace with bodily injury limits of not less than $SO(},000 for each occurrence and not less than $500,000 in the aggregate, and with property danaage limits of not less that $100,000 for each necurrence and not less than $100,000 in the aggregate_ B. Liquor/Drana Shop Liability in tlxe amount of $250,000 per occurrence for any event occurring on City-owned ��roperry where aJ.eohoi will be pravided or served. Denton Arts and Jazz Festival Celebration Agreement — Page 2 C. PRO-FEST, INC, shail fumish insurance certificates or insurance palicies at the CIT'Y'S request ta evidence such coverages. The insurarace pulicies shall name tl�te CITY' as an additional insured on all such policies, and sk�a11 contain a pravision that such insurance shali not be canceled or modxfied without written nvtice to the CITY a.nd PR4-FEST, INC. In sueh event, PRO-FEST, INC. shall, pz�or to the effective date o� the change or cancellation, serve substx#ute policies furnishiz�g tb.e same cavera.ge. ARTICLE 6 NOTICES Al1 notices, commux�ications, and reports required or permitted unaer tk�ais Agreemsnt shall be personally delivered or mailed to the respecti�ve parties by depositing same in the United States mail to the addxess shown beluw, certified mail, return r�ceipt requested, unless othez�wase speciiied herein. Mailed natices shall be deemed cornmurucated as of three (3) days' mailing: To PR4-FE�T,INC.: PItQ-FEST, INC. Caxo� Short 319 Pennsylvania Ave. Dentan, Te�s 76205 To CITY: C�TY OF DENTON: City 1V�anager 215 E. McKinney Denton, Texas 762Q1 All notices shall be deemed effective upon receipt by the pariy to whom such notice is given, or withiu three (3) days? tnailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consistiz�g af five (S) pages and �_ exhi.bits, constitutes the complete and finai expressian of �he agreement of the pa�ties, and is intended as a coxaplete and exclusive statement of the terms of their agreements, and supersedes ail priar contemporaneaus offexs, promises, representations, negotiations, discussions, communications, and agreements wkuch may ha.ve been made in coz�ection with the subject matter hereof. ARTICLE S SE'V�ERABIL�TX If any provision of this Agreement is found or deemed by a court of competent jurisdictian to be invalid oz� une�nforceable, it shall be considered severable from the zemainder of this Agreement and sha11 not cause the remainder to be invalid or unenforceable. In suc� event, the parties shall reform this Agreeznent to replace such stricken provision with a valid an.d enforceable provision which comes as close as passible to expressing the intex�tion of the stricken prc,vision. Denton Arts and Jazz Festival Celebration Agreement — Page 3 ART�CLE 9 DISCRIMINATION PRO�IBITED In performing ihe services required hereunder, PRO-FEST, INC. shall nat discri.minate against any person on the basis of x�a.ce, color, religion, se�, natianal origin or ancestry, age, ar physical handicap. ARTICLE 10 PERS4NNEL PRO-FEST, INC. represents that it has or will secure, at its own expense, all personnel required to perform a11 the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTIC`LE 11 ASSiGNAB�LITY �'RQ-FEST, INC. shall not assigxi any interest in this Agreernent, and shall not transfer any interest in this Agreement (whetkter by assignment, novation, or otherwise) withoixt the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement orr of any covenant, condition, or limitation b�erein cantained 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 o�:fered or received in evidence in azry proceeding arising beiween the parties heretv �ut of or affect�ing this Agreement, or the rights or obligatioras of the parties h.ereunder, and unless such waivex or mo�cation is in vvr�iting and dul� e�ecuted; and the parties :further agree tk�at the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 NIISCELLANEOUS A. The foIlowing exhibits are attached to and m.a.de a part of this Ag�reement: Exhibit "A" Resolution No. D` — B. Venue oi ar�y suit or cause of ac�io� under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shatl he construed in accordatice with ihe laws of t11e State of Texas. C. The captions o� this Agreement are for informational purposes anly, and sha11 not in any way affect tl�e substantive terms ar conditions of this Agreement. Denton Arts and Jazz Festival Celebration 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 PR4-FEST, INC. has ex uted this Agreement througk� its duly ax�thorized undersigned officer on this the �� day of 2010. CITY OF DENTON, TEXAS G RGE . CAMPBELL, CITY MANAGER ATTEST: JENNiFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL F4RM: ANITA BURGESS, CITY ATTORNEY BY: �� .� s � � PRO-FEST, INC. . �� J`l.d �� d aY. �2� l /� CAROL SHORT WITNESS: � r � BY: �� Denton Arts and 3azz Festiva] Celebration Agreement — Page 5 EXHIBIT A s:\our documents�resolutions\10\arts & jazz festival res.doc RESOLUTIONNO. ��1�-011 A RESOLUTION ALLOWING PRO-FEST, INC. TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE DENTON ARTS & JAZZ FESTIVAL FOR THREE CONSECUTIVE YEARS, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING 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 for three consecutive years at the Denton Arts & Jazz Festival; and WHEREAS, the Paxks, 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. Denton Festival Foundation shall be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival for three consecutive years, the first being Apri123-25, 2010 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 , 2010. MARK A. B YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �- BY: - FILE REFERENCE FORM R2010-012 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Re laced b� Resolu�ion No. R2010-039 11/02/10 JR s:\our documents�resolutions\10\debt policy resolution.doc u�soLUTiorr No. R2010-012 A RESOLUTION REVISING ADMINISTRATIVE POLICY NO. 403.07 "DEBT SERVICE MANAGEMENT" AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 5'�' day of March, 1996 the City Council passed Resolution No. 96-013 adopting Administrative Policy No. 403.07 "Debt Service Management"; and WHEREAS, the Assistant City Manager of the Finance Department for the City of Denton has presented a proposed revision of the Debt Service Management Policy for the Council's consideration; and WHEREAS, the City Manager recommends adoption of the revised policy and the City Council desires to adopt such policy as the official policy regarding Debt Service Management; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The following policy entitled "Policy No. 403.07 "Debt Service Management", attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas and shall replace the existing Debt Service Management Policy. SECTION 2. The attached policy 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 �(� —� ay of , 2010. � MARK A. B O , MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR ED AS O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY , ,` BY: � ' t° i �i CITY OF DENTON Page 1 of 20 POLICY/ADMINI5TRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: FINANCE REFERENCE NUMBER: 403.07 SUBJECT: DEBT MANAGEMENT INITIAL EFECTIVE DATE: 03/OS/96 TITLE: DEBT SERVICE MANAGEMENT LAST REVISION DATE: Apri120, 2010 POLICY STATEMENT This policy shall provide general guidelines by which the City of Denton (the City) will issue debt. In as much as this policy may be in conflict or inconsistent with state law, state law will prevail. Furthermore, state law will prevail on matters not specifically addressed in this policy. It is the objective of this policy that (1) the City obtain financing only when necessary, (2) the process for identifying the timing and amount of debt or other financing proceed as efficiently as possible, and (3) the City seek the most favorable interest rate and competitive costs. This debt management policy applies to the financing activities of the City of Denton, Texas. It also addresses the issues of process, use and limitations. Proceeds from debt issuances will be delivered as closely as possible to the time that contracts are expected to be awarded so that the proceeds are spent in the most efficient manner. The City Council shall review and approve the debt management policy at least annually and be documented by ordinance or resolution, which shall include any changes made. ADMINSTRATIVE PROCEDURES I. DEBT MANAGEMENT COMMITTEE A. Members The Debt Management Committee (the Committee) will consist of the City Manager, Assistant Ciiy Managers, and the Director of Finance. The City's financial advisor and bond counsel shall act as consultants to the Committee. B. Scope The Committee shall meet at least annually to review the debt program or as necessary. Topics for discussion should include: the Capital Improvement Program, status of outstanding debt, unspent bond proceeds, and unissued voter authorized debt, timing of additional financing needs and financing options, the effect of proposed financing activity on the related rates supporting the debt (i.e., property tax rate, utility rates, user fees, etc.). Page 2 of 20 II. RESPONSIBILITY AND STANDARD OF CARE The Finance Department will coordinate all activities required for the issuance of all debt. A. Delegation The Director of Finance shall have primary responsibility for developing financing recommendations. The Director of Finance shall: • Meet no less than annually with Department Directors to consider the need for financing, review debt capacity and assess progress on the Capital Improvement Program; • Review changes in state and federal legislation; • Review annually the provisions of ordinances authorizing issuance of obligations; • Periodically review the City's Charter to ensure compliance with state law; and • Annually review services provided by the financial advisor, bond counsel, paying agent, and other service providers to evaluate the extent and effectiveness of the services being provided. B. Conflicts of Interest All participants in the debt management process shall seelc to act responsibly as custodians of public assets. Officers and employees involved in the debt management process shall refrain from personal business activity that could conflict with proper execution of the financing program, or which could impair their ability to malce impartial financing decisions. C. Reporting The Director of Finance shall include in the Comprehensive Annual Financial Report (CAFR) a report summarizing all debt outstanding by type (tax supported and revenue baciced), remaining balance of bond proceeds, update of arbitrage liability, and update of pertinent legislative changes. D. Investor Relations The City shall endeavor to maintain a positive relationship with the investment community. The Director of Finance and the City's financial advisor shall, as necessary, prepare reports and other forms of communications regarding the City's indebtedness, as well as its future financing plans. This includes information presented to the press and other media. The information includes, but is not limited to, the annual program of services, comprehensive annual financial report, financial plans, capital improvement plans, and comprehensive development plans. Page 3 of 20 All forms of inedia deemed appropriate and immediately available to the City will be utilized to disseminate information to all investors. Examples include the Texas Municipal Report, The Bond Buyer, Electronic Municipal Marlcet Access (EMMA) and the Municipal Advisory Council of Texas (MAC). Bond counsel will advise on the use of electronic media in connection with the City's debt program. E. Financial Advisor The City shall retain an independent financial advisor for advice on the structuring of new debt, financial analysis of various options, the rating review process, the marketing of debt issues, marlcetability of City obligations, sale and post-sale services, the review of the official statement, and other services, as necessary. The City will seek the advice of the financial advisor on an ongoing basis. The financial advisor will perform other services as defined by the agreement approved by the City Council. The financial advisor will not bid on nor underwrite any city debt issues without requesting and obtaining a written consent to bid prior to submitting a bid in accordance with the provisions of Rule G-23 of the Municipal Securities Rulemaking Board (MSRB). The Director of Finance shall be the responsible person to receive such a request and will make the final written recommendation to the City Council. F. Bond Counsel The City shall retain bond counsel for legal and procedural advice on all debt issues. Bond counsel shall advise the City Council in all matters pertaining to its bond ordinance(s) and/or resolution(s). No action shall be talcen with respect to any obligation until a written instrument (i.e., Certificate of Ordinance or other prevailing instrument) has been prepared by the bond attorneys certifying the legality of the proposal. The bond attorneys shall prepare all ordinances and other legal instruments required for the execution and sale of any bonds issued which shall then be reviewed by the City Attorney and the Director of Finance. The City will also seelc the advice of bond counsel on all other types of debt and on any other questions involving federal tax or arbitrage law. Special counsel may be retained to protect the City's interest in complex negotiations. III. OFFICIAL STATEMENT The preparation of the Official Statement is the responsibility of the financial advisor in concert with the Director of Finance. Information for the Ofiicial Statement is gathered from departments/divisions throughout the City. The City will talce all appropriate steps to comply with the federal disclosure rules (i.e., Securities and Exchange Commission Rule 15c2-12). The City will provide annual and material event disclosure to information repositories throughout the term of securities for the benefit of the primary and secondary municipal marlcets as required by Rule 15c2-12. Page 4 of 20 IV. DISCLOSURE A. With each bond offering, and at least annually, in the preparation of Financial Reports or Official Statements or any other offering document, the City will follow a policy of full and complete disclosure of operating, financial and legal conditions of the City, in conformance with the Government Finance Ofiicers Association Disclosure Guideline, and as advised by disclosure counsel or financial advisor. B. Material Events Securities and Exchange Commission (SEC) Rule 15c2-12 lists eleven events that, if material, must be reported in a timely fashion to the Municipal Security Rulemaking Board (MSRB) via the Electronic Municipal Market Access (EMMA) system and, if required by Rule 15c2-12, to the State Information Depository (SID), the Municipal Advisory Council of Texas (MAC). The events that must be reported, if material, are: 1. Principal and interest payment delinquencies; 2. Nonpayment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the security; 7. Modifications to rights of security holders; 8. Bond calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the securities; 11. Rating changes. Unofficially considered, the twelfth material event to be reported is the failure of any obligated person to provide the required annual financial information on or before the date specified in the related undertaking. According to the SEC, this requirement would be satisfied if a disclosure contract states that the annual information would be provided within a specified number of days after the fiscal year end. Full disclosure of the operations will be made to the bond rating agencies. The City staff, with the assistance of the financial advisors and bond counsel, will prepare the necessary materials for and presentation to the rating agencies. V. RATING AGENCY COMMUNICATIONS & CREDIT OBJECTIVES The City will seek to maintain and improve its current bond rating so its borrowing costs are reduced to a minimum and its access to credit is preserved. In conjunction with the financial advisor, the City shall maintain a line of communication with at least two of the rating agencies (Moody's, Standard & Poor's, and Fitch), Page 5 of 20 informing them of major financial events in the City as they occur. The Comprehensive Annual Financial Report, Annual Program of Services, and Capital Improvement Plan, shall be distributed to the rating agencies after they have been accepted/adopted by the City Council on an annual basis. When necessary, a conference call or personal meeting with representatives of the rating agencies will be scheduled when a major capital improvement program is initiated, or to discuss economical andlor financial developments which might impact credit ratings. The following documents may be required by the rating agencies: - Most recent annual audit reports, including a description of accounting practices. Accounting changes in the past three years and the impact on financial results should be explained. - Current budget. - Current Capital Improvement Program. - Official statements for new financings. - Description of projects being financed. - Sources and uses statement for bond issuance. If additional funds are required to complete specific projects being financed, the source of the funds and any conditional requirements may be discussed. - Engineering and feasibility report (if applicable). - Zoning or land-use map (if applicable). - Cash flow statement, in the case of interim borrowing. Statement of long — and short-term debt with annual and monthly maturity dates as appropriate. Also, a report of any lease obligations, their nature and term. - Indication of appropriate authority for debt issuance - Investment policy (if applicable). - Statement concerning remaining borrowing capacity plus tax rate and levy capacity or other revenue capacity. VI. LIMITATIONS OF INDEBTEDNESS City staff, in conjunction with the financial advisor and bond counsel, will present to the City Council, and any city committee as appropriate, a comprehensive analysis of debt capacity prior to issuing bonds. This analysis should cover a broad range of factors, including: • Legal debt limits, tax or expenditure ceilings. • Coverage requirements or additional bonds tests in accordance with bond covenants. • Measures of the tax and revenue base, such as projections of relevant economic variables (e.g., assessed property values, employment base, unemployment rates, income levels, and retail sales). • Population trends. • Utilization trends for services underlying revenues. • Factors affecting tax collections, including types of property, goods, or services taxed, assessment practices and collection rates, evaluation of trends relating to Page 6 of 20 the City's financial performance, such as revenues and expenditures, net revenues available after meeting operating requirements. • Reliability of revenues expected to pay debt service. • Unreserved fund balance levels. • Debt service obligations, such as existing debt service requirements. • Debt service as a percentage of expenditures or tax or system revenues. • Measures of debt burden on the community, such as debt per capita, , debt as a percentage of full or equalized assessed property value, and overlapping or underlying debt. • Tax-exempt market factors affecting interest costs, such as interest rates, market receptivity, and credit rating. The City has revenue bonds and other indebtedness of the Electric, Water, and Wastewater Funds. The City will maintain coverage ratios as dictated by the City's outstanding bond covenants (e.g. 1.25 times the maximum principal and interest of all outstanding revenue bonds and/or 1.50 times the average annual principal and interest of all outstanding revenue bonds, or as required by individual bond covenants). The Electric, Water, and Wastewater Funds' total long-term debt outstanding shall not exceed the amount of combined fund equity. VIL CAPITAL IMPROVEMENT PLAN A. The City will seelc all possible federal and state reimbursement for mandated projects and/or programs. The City will pursue a balanced relationship between issuing debt and pay-as-you-go financing as dictated by prevailing economic factors and as directed by the City Council. B. Current operations will not be financed with long-term debt. C. Debt incurred to finance capital improvements will be repaid within the useful life of the project or earlier, if callable. D. High priority will be assigned to the replacement of capital improvements when they have deteriorated to the point there they are hazardous, incur high maintenance costs, negatively affect property values, or no longer serve their intended purposes. E. An updated Capital Improvement Plan will be presented to the City Council for approval on an annual basis. This plan will be used as a basis for the long-range financial planning process. VIII. TYPES OF DEBT The City's bond counsel and financial advisor will present the different types of debt best suited and legally permissible under state law for each debt issue and assist in analyzing the use of capital lease purchases or the use of lines of credit. These types may include: Page 7 of 20 • short-term vs. long-term debt, • general obligation vs. revenue debt, • fixed vs. variable rate debt, • lease-backed debt, • special obligation debt such as assessment district debt, • certificates of obligation debt • combination tax and revenue debt, • tax increment debt, • conduit issues, and • taxable debt. IX. BOND STRUCTURE Structural features that may be considered are: • maturity of the debt, • setting the final maturity of the debt equal to or less than the useful life of the proj ect, • use of zero coupon bonds, capital appreciation bonds, deep discount bonds, or premium bonds, • debt service structure (level debt service payments, level principal payments or other repayment structure defined by state law), • redemption provisions (mandatory and optional call features); • use of credit enhancement, • use of senior lien and junior lien obligations, and • others, as deemed appropriate in consultation with financial advisor and bond counsel. X. SHORT-TERM DEBT A. General Short-term obligations may be issued to finance projects or portions of projects for which the City ultimately intends to issue long-term debt; i.e., it will be used, when appropriate, to provide interim financing which will eventually be refunded with the proceeds of long-term obligations. Short-term obligations may be backed with a tax and/or revenue pledge or a pledge of other available resources. Interim financing may be appropriate when long-term interest rates are expected to decline in the future. In addition, some forms of short-term obligations may be obtained more quicicly than long-term obligations and, thus, may be used until long-term financing is secured. Page 8 of 20 B. Commercial Paper Due to the financing costs associated with the marketing and placement of commercial paper, programs of less than $25 million may not be cost effective. Should the opportunity to participate in a commercial paper issuance pool present itself or if the establishment of a program becomes cost effective, the advantages and disadvantages shall be evaluated by the Director of Finance. The use of a commercial paper program requires approval by the City Council. C. Anticipation Notes Anticipation notes do not require giving a notice of intent. Anticipation notes may be secured and repaid by a pledge of revenue, taxes, or the proceeds of a future debt issue. Anticipation notes may be authorized by an ordinance adopted by the City Council. Anticipation notes may be used to finance projects or acquisitions that could also be financed using Certificates of Obligation and have the following restrictions: 1) Anticipation notes may not be used to repay interfund borrowing or a borrowing that occurred up to/or more than 24-months prior to the date of issuance, and 2) A governing body may not issue anticipation notes that are payable from bond proceeds unless the proposition authorizing the issuance of the general obligation bonds has already been approved by the voters. D. Line of Credit To the extent authorized by state law and with the approval of the City Council, the City may establish a tax-exempt line of credit with a financial institution selected through a competitive process. Draws shall be made on the line of credit when (1) the need for financing is so urgent that time does not permit the issuance of long-term debt, or (2) the need for financing is so small that the total cost of issuance of long-term debt including carrying costs of debt proceeds not needed immediately is significantly higher. Draws will be made on the line of credit to pay for projects designated for line of credit financing by the City Council. Borrowings under the line of credit shall be repaid from current revenues. The Director of Finance will authorize all draws on the line of credit, as authorized in the agreement approved by the City Council. E. Capital Leasing Capital leasing is an option for the acquisition of a piece or package of equipment. Leasing shall not be considered when funds are on hand for the acquisition unless the interest expense associated with the lease is less than the interest that can be Page 9 of 20 earned by investing the funds on hand or when other factors such as budget constraints or vendor responsiveness override the economic consideration. Whenever a lease is arranged with a private sector entity, a tax-exempt rate shall be sought. Whenever a lease is arranged with a government or other tax-exempt entity, the City shall obtain an explicitly defined taxable rate so that the lease will not be counted in the City's total annual borrowings subject to arbitrage rebate. The lease agreement shall permit the City to refinance the lease at no more than reasonable cost should the City decide to do so. A lease which may be called at will is preferable to one which may merely be accelerated. The City shall obtain at least three (3) competitive proposals for any lease financing. The net present value of competitive bids shall be compared, taking into account whether payments are in advance or in arrears, and how frequently payments are made. The purchase price of equipment shall be competitively bid, as required by state law, as well as the financing costs. The Director of Finance will ensure any leasing agreement is compared to other financing options to ensure the lease is cost beneficial. Alternate financing options will include certificates of obligation and lines of credit. The Director of Finance will be the person responsible for evaluating this financing source, and will make a recommendation to the City Council for approval. F. Interfund Loans As allowed by the City, the Director of Finance will review opportunities whereby interfund loans may be utilized to meet short-term financing needs. Interfund loans will only be utilized if economically beneficial to the lending fund and only if the rate of return is comparable or higher than the rate of return the lending fund would otherwise receive by lceeping funds in the City's investment pool. Any interfund loan must be approved by the City Council. XI. LONG-TERM DEBT A. General Proceeds from the sale of long-term obligations will not be used for operating purposes, and the life of the obligations will not exceed the estimated useful life of the projects financed. Voter approved general obligation bonds will strive to have a final maturity of twenty (20) years or less. Revenue bonds and certificates of obligation will strive to have a final maturity of thirty (30) years or less. If deemed appropriate, staff may present to the City Council extraordinary circumstances in which longer final maturities may be necessary but never in excess of the useful life of an individual project. A level debt service structure will be used unless operational matters and marketing considerations dictate otherwise. Page 10 of 20 The cost of issuance of private activity bonds is usually higher than for governmental purpose bonds. Consequently, private activity bonds will be issued only when they will economically benefit the City. The cost of taxable debt is higher than for tax-exempt debt. However, the issuance of taxable debt may be required or may be more appropriate in some circumstances and may allow valuable flexibility in subsequent contracts with users or managers of the improvement constructed with the bond proceeds. Therefore, the City will usually issue tax-exempt obligations but may occasionally issue taxable obligations. I: :��" Long-term general obligation, including certificates of obligation, or revenue bonds shall be issued to finance significant and desirable capital improvements. The general obligation bonds will be used for purposes set forth by voters in bond elections or to refund previously issued general obligation bonds or certificates of obligation. All bonds shall be sold in accordance with applicable law. C. Certificates of Obligation Certificates of obligation may be issued to: • finance permanent improvements and land acquisition • finance costs associated with capital project overruns • acquire equipment/vehicles • leverage grant funding • renovate, acquire, construct facilities and facility improvements • construct street improvements • provide funding for master plans/studies • address necessary life safety needs • finance revenue producing facilities if determined to be more economical than revenue bonds In accordance with state law, a resolution authorizing publication of notice of intent to issue certificates of obligation shall be presented for the consideration of the City Council. The notice of intent shall be published in a newspaper of general circulation in the City once a week for two consecutive weelcs with the first publication to be at least thirty (30) days prior to the sale date. Certificates of obligation may be backed by a tax pledge under certain circumstances as defined by law. They may also be backed by a combination tax and revenue pledge eligible under state law. Some revenues are restricted as to the uses for which they may be pledged. Electric, Water, and Wastewater revenues may be pledged without limit for Electric, Water, and Wastewater purposes but may only be pledged to a limit of $1,000 for any one series of bonds issued for non-utility system purposes. Page 11 of 20 The final maturity of certificates of obligation will be in accordance with Section XI, A. D. Public Property Finance Contractual Obligation Public property finance contractual obligations may be issued to finance the acquisition of personal property. E. Revenue Bonds In addition to the policies set forth above, when cost-beneficial and when permitted under applicable state law, the City may consider the use of surety bonds, letters of credit, or similar instruments to satisfy mandated debt service reserve fund requirements on outstanding and/or proposed revenue bonds. F. Combination Tax and Revenue Bonds In addition to the policies set forth above, when cost-beneficial and when permitted under applicable state law, the City may consider the use of Combination Tax and Revenue Bonds for refunding obligations of the Electric, Water and Wastewater combined utility system, and Solid Waste or any other self-supporting revenue producing City enterprise. Combination Tax and Revenue Bonds will comply with applicable state law and are assigned the full faith and credit of the City, thereby enhancing the credit rating otherwise obtained from revenue supported only debt (Revenue Bonds). XIL CREDIT ENHANCEMENTS Credit enhancements are mechanisms which guarantee principal and interest payments. They include bond insurance, lines of credit, surety bonds and letters of credit. A credit enhancement, while costly, is intended to bring a lower interest rate on debt and a higher rating from the rating agencies, thus lowering overall costs. � The City's financial advisor will advise the city whether or not a credit enhancement is cost effective under the circumstances and what type of credit enhancement, if any, should be purchased. In a negotiated sale, bids will be talcen during the period prior to the pricing of the sale. In a competitive sale, bond insurance may be provided by the purchaser if the purchaser finds it cost effective. Other credit enhancements may arise in the future, which may be beneficial. The City's financial advisor will present these options for consideration. Page 12 of 20 XIII. REFUNDING AND RESTRUCTURING OPTIONS In the case of advance refundings, the City shall consider refunding debt whenever an analysis indicates the potential for present value savings of at least 3% of the par amount being refunded. In the case of current refundings, the City shall consider refunding debt whenever an analysis indicates the potential for present value savings above the costs of refunding the bonds. Refunding for savings should not extend the final maturity of the original obligations, unless specifically approved by the City Council. XIV. REIMBURSEMENT ORDINANCES The Director of Finance will review and approve all reimbursement ordinances from City departments, including enterprise fund departments, before forwarding to the City Council for consideration. In no event will a reimbursement ordinance exceed the unreserved fund equity of the combined Utility System for Electric, Water or Wastewater requests or the operating fund of any other department malcing a request. Reimbursement ordinances must be adopted within sixty (60) days of the date the original expenditures were paid. Bonds must be issued and the reimbursement allocation made not later than eighteen (18) months after the later of (1) the date the original expenditures were paid, or (2) the date the project is placed in service or abandoned, but in no event more than three (3) years after the original expenditures were paid. XV. USE OF ANTICIPATED BOND PROCEEDS The use of anticipated bond proceeds will be limited to preliminary (soft) costs, which may include engineering fees, architect fees, feasibility studies, etc... The Director of Finance may provide additional parameters regarding qualifying uses and will review and approve all requests for the use of anticipated bond proceeds. Departments may not use anticipated bond proceeds for preliminary costs earlier than 60 days from the date the City Council adopts an ordinance authorizing the sale of said bonds. In no event will the use of anticipated bond proceeds exceed the unreserved fund equity of the combined Utility System for Electric, Water or Wastewater requests or the operating fund of any other department malcing a request. XVI. METHOD OF SALE A. Competitive Sale When feasible and economical, obligations shall be issued by competitive rather than negotiated sale. Favorable conditions for a competitive method of sale include the following: • The market is familiar with the issuer, and the issuer is a stable and regular borrower in the public market. • An active secondary marlcet with a broad investor base for the issuer's bonds. • The issue is neither too large to be easily absorbed by the marlcet nor too small to attract investors without a concerted sales effort. Page 13 of 20 • The issue is not viewed by the marlcet as carrying overly complex features or requiring explanation as to the bonds' soundness. • Interest rates are stable, marlcet demand is strong, and the marlcet is able to absorb a reasonable amount of buying or selling at reasonable price changes. 1. Bidding Parameters The notice of sale will be carefully constructed so as to ensure the best possible bid for the City, in light of existing market conditions and other prevailing factors. Parameters to be examined may include: a. Limits between lowest and highest coupons b. Coupon requirements relative to the yield curve c. Method of underwriter compensation, discount or premium coupons d. Use of true interest cost (TIC) versus net interest cost (NIC) e. Use of bond insurance f. Serial bonds vs term bonds with mandatory sinking fund redemptions g. Deep discount bonds h. Call provisions B. Negotiated Sale Bonds issued for the purpose of refunding and/or restructuring outstanding debt may appropriately be sold on a negotiated basis when maximum flexibility is required in order for the City to respond to day-to-day nuances in the marketplace and other complications peculiar to the issuance of refunding debt. Whenever the option exists to sell an issue on a negotiated basis, an analysis of the options shall be performed to aid in the decision-making process. The City will present the reasons and will actively participate in the selection of the underwriter or direct purchaser. In a negotiated sale, the underwriter may be selected through a request for proposals (RFP) or because of a relationship established by previous debt transactions. The criteria used to select an underwriter in a negotiated sale may include the following: • Overall experience • Participation in the City's past competitive sales • Marketing philosophy • Capability • Previous experience as managing or co-managing partner • Financial statement • Public finance team and resources • Brealcdown of underwriter's discount, which includes management fee, underwriting fee, average talcedown and other administrative expenses Page 14 of 20 C. Private Placement When cost-beneficial, the City may privately place its debt. Since no underwriter participates in a private placement, it may result in lower cost of issuance. Private placement is sometimes an option for small issues. The opportunity may be identified by the iinancial advisor. XVII. INVESTMENT OF BOND PROCEEDS A. Strategy The City should actively monitor its investment practices to ensure maximum returns on its invested bond funds while complying with federal arbitrage guidelines. Specific investment strategies for the investment of bond proceeds are provided in the City's Investment Policy # 403.06. B. Arbitrage Compliance The City will follow a policy of full compliance with all arbitrage rebate requirements of the federal tax code and Internal Revenue Service regulations, and will perform (internally or by contract consultants) arbitrage rebate calculations for each issue subject to rebate on an annual basis. All necessary rebates will be filed and paid when due. C. Arbitrage Liability Management The Director of Finance will maintain a system for tracicing arbitrage rebate liability and ensuring that required calculations are performed on a timely basis. These calculations will be performed annually. Funds should be set aside in anticipation of potential rebate liabilities. Due to the complexity of the arbitrage calculations and regulations, and to the severity of the penalties for noncompliance, the advice of Bond Counsel and qualified experts will be pursued on an ongoing basis. D. All bond proceeds will be separately accounted for in the financial accounting system to facilitate arbitrage tracicing and reporting. The Director of Finance shall include in the CAFR a report summarizing the City's arbitrage rebate liability. Page 15 of 20 POLICY/ADMIIVISTRATIVE PROCEDURE/ADMII�TISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 GLOSSARY Amortization — The planned reduction of a debt obligation according to a stated maturity or redemption schedule Arbitrage — The gain which may be obtained by borrowing funds at a lower (often tax-exempt) rate and investing the proceeds at higher (often taxable) rates. The ability to earn arbitrage by issuing tax-exempt securities has been severely curtailed by the Tax Reform Act of 1986, as amended Average Life — The average length of time debt is expected to be outstanding. Generally, a level debt service structure will limit the average life of a bond issue (i.e., a 20 year final maturity will have an approximate average life of 12 years, and a 30 year final maturity will have an approximate average life of 18 years). Basis Point — One one-hundredth of one percent (0.0001) BBI — Bond Buyer Index. Comparison of current rates for various maturities Bid Form — The document used by an underwriter to submit his bid at a competitive sale Bond — A security that represents an obligation to pay a specified amount of money on a specific date in the future, typically with periodic interest payments Bond Counsel — An attorney (or firm of attorneys) retained by the issuer to give a legal opinion concerning the validity of the securities. The bond counsel's opinion usually addresses the subject of tax exemption. Bond counsel may prepare, or review and advise the issuer regarding authorizing resolutions or ordinances, trust indentures, official statements, validation proceedings and litigation Bond Insurance — Bond insurance is a type of credit enhancement whereby a monoline insurance company indemnifies an investor against a default by the issuer to pay principal and interest in-full and on-time. Once assigned, the municipal bond insurance policy generally is irrevocable. The insurance company receives an up-front fee, or premium, when the policy is issued Book-Entry-Only — Bonds that are issued in fully-registered form but without certificates of ownership. The ownership interest of each actual purchaser is recorded on computer Bond Years -$1,000 of debt outstanding for one year used to compute average life and net interest cost Call Option — The right to redeem a bond prior to its stated maturity, either on a given date or continuously. The call option is also referred to as the optional redemption provision Page 16 of 20 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Capit�cl Appreciation Bond — A bond without current interest coupons that is sold at a substantial discount from par. Investors are provided with a return based upon the accretion of value in the bond through maturity Capit�l Lease — The acquisition of a capital asset over time rather than merely paying a rental fee for temporary use. A lease-purchase agreement, in which provision is made for transfer of ownership of the property for a nominal price at the scheduled termination of the lease, is referred to as a capital lease Certificates of Obligation — A type of debt authorized to be issued pursuant to the Certificates of Obligation Act of 1971 (Subchapter C of Chapter 271, Texas Government Code). Closing — When bonds are exchanged for money (a/k/a delivery or settlement) Commercial Paper (Tax-Exempt) — By convention, short-term, unsecured promissory notes issued in either registered or bearer form with a stated maturity of 270 days or less Competitive Sale — A sale of securities in which the securities are awarded to the bidder who offers to purchase the issue at the best price or lowest cost Coupon Rate — The interest rate on specific maturities of a bond issue. While the term "coupon" derives from the days when virtually all municipal bonds were in bearer form with coupons attached, the term is still frequently used to refer to the interest rate on different maturities of bonds in registered form Cover Bid — The runner-up in a competitive bond sale Credit Enlaancements — Credit enhancements are mechanisms which guarantee principal and interest payments. They include bond insurance and a line or letter of credit. A credit enhancement, while costly, will usually bring a lower interest rate on debt and a higher rating from the rating agencies, thus lowering overall costs. Cost effectiveness of credit enhancement will be evaluated for each debt issue CUSIP Number — The term CUSIP is an acronym for the Committee on Uniform Securities Identification Procedures. An identification number is assigned to each maturity of an issue, and is usually printed on the face of each individual certificate of the issue. The CUSIP numbers are intended to help facilitate the identification and cleaxance of municipal securities. As the municipal market has evolved, and the new derivative products are devised, the importance of the CUSIP system for identification purposes has increased Dated Date — A defined date at which interest begins to accrue from Page 17 of 20 POLICY/ADMI1�iISTRATIVE PROCEDURE/ADNIINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Debt Burden — The ratio of outstanding tax-supported debt to the marlcet value of property within a jurisdiction. The overall debt burden includes a jurisdiction's proportionate share of overlapping debt as well as the municipality's direct net debt Debt Limitation — The maximum amount of debt that is legally permitted by a jurisdiction's charter, constitution, or statutory requirements Debt Service — The amount necessary to pay principal and interest requirements on outstanding bonds for a given year or series of years Debt Service Reserve Fund — The fund into which moneys are placed which may be used to pay debt service if pledged revenues are insufficient to satisfy the debt service requirements. The debt service reserve fund may be entirely funded with bond proceeds, or it may only be partly funded at the time of the issuance and allowed to reach its full funding requirement over time, due to the accumulation of pledged revenues. If the debt service reserve fund is used in whole or part to pay debt service, the issuer usually is required to replenish the funds from the first a�ailable funds or revenues. A typical reserve requirement might be the maximum aggregate annual debt service requirement for any year remaining until the bonds reach maturity. The size of the reserve fund, and the manner in which it is invested, may be subject to arbitrage regulations. Defnult — The failure to pay principal or interest in full or on time. An actual default should be distinguished from technical default. The latter refers to a failure by an issuer to abide by certain covenants but does not necessarily result in a failure to pay principle or interest when due. Defeasance — Providing for payment of principal of premium, if any, and interest on debt through the iirst call date or scheduled principal maturity in accordance with the terms and requirements of the instrument pursuant to which the debt was issued. A legal defeasance usually involves establishing an irrevocable escrow funded with only cash and U.S. government obligations Depository Trust Company (DTC) — A limited purpose trust company organized under the New York Banking Law. DTC facilitates the settlement of transactions in municipal securities Downgrade — A reduction in credit rating EnterpriseActivity — A revenue-generating project or business. The project often provides funds necessary to pay debt service on securities issued to finance the facility. The debts of such projects are self-liquidating when the projects earn sufficient monies to cover all debt service and other requirements imposed under the bond contract. Common examples include water and sewer treatment facilities and utility facilities Page 18 of 20 POLICY/ADMI1vISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Electronic Municipal MarketAccess (EMMA) — Effective July 1, 2009, the SEC implemented amendments to SEC Rule 15c2-12 which approved the establishment by the MSRB of EMMA, the sole successor to the nationally recognized municipal securities information repositories with respect to filings made in connection with disclosure undertakings. Access to filings are made free of charge to the general public by the MSRB. Finnl Official Statement (FOS) — A document published by the issuer which generally discloses material information on a new issue of municipal securities including the purposes of the issue, how the securities will be repaid, and the financial, economic and social characteristics of the issuing government. Investors may use this information to evaluate the credit quality of the securities Flow of Funds — The order in which pledged revenues must be disbursed, as set forth in the trust indeniure or bond resolution. In most instances, the pledged revenues are deposited into a general collection account or revenue fund as they are received and subsequently transferred into the other accounts established by the bond resolution or trust indenture. The other accounts provide for payment of the costs of debt service, debt service reserve deposits, operation and maintenance costs, renewal and replacement, and other requirements General Obligation Debt- Debt that is secured by a pledge of the ad valorem taxing power of the issuer. Also known as a full faith and credit obligation. Good Faitlt Deposit — A sum of money given by the Underwriter to assure his bid Institutional Buyer — Banks, financial institutions, insurance companies, and bond funds Issuance Costs — The costs incurred by the bond issuer during the planning and sale of securities. These costs include but are not limited to financial advisory and bond counsel fees, printing and advertising costs, rating agencies fees, and other expenses incurred in the marketing of an issue Junior Lien Bonds — Bonds which have a subordinate claim against pledged revenues Letter of Credit — Banlc credit facility whereby a banlc will honor the payment of an issuer's debt, in the event that an issuer is unable to do so, thereby providing an additional source of security for bondholders for a predetermined period of time. A letter of credit often is referred to as an L/C or an LOC. Letter of Credit can be issued on a"stand-by" or "direct pay" basis Level Debt Service — When annual payments are substantially the same each year Line of Credit — Bank credit facility wherein the banlc agrees to lend up to a maximum amount of funds at some date in the future in return for a commitment fee Page 19 of 20 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Man�ger — The member (or members) of an underwriting syndicate charged with the primary responsibility for conducting the affairs of the syndicate. The managers talce the largest underwriting commitment Lead Mana�er or Senior Manager The underwriter serving as head of the syndicate. The lead manager generally handles negotiations in a negotiated underwriting of a new issue of municipal securities or directs the process by which a bid is determined for a competitive underwriting. The lead manager also is charged with allocating securities among the members of the syndicate in accordance with the terms of the syndicate agreement or agreement among underwriters Joint Mana�er or Co-Mana� Any member of the management group Municipal Advisory Council of Texas (MAC) — The designated State of Texas Information Depository as approved by the SEC with respect to filings made in connection with undertalcings. Municipal Securities Rulemaking Board (MSRB) — A self-regulating organization established on September 5, 1975 upon the appointment of a 15-member Board by the Securities and Exchange Agreement. The MSRB, comprised of representatives from investment banking firms, dealer banlc representatives, and public representatives, is entrusted with the responsibility of writing rules of conduct for the municipal securities marlcet. New Board members are selected by the MSRB pursuant to the method set forth in Board rules Negotiated Sale — A sale of securities in which the terms of sale are determined through negotiation between the issuer and the purchaser, typically an underwriter, without competitive bidding Net Interest Cost — The average interest cost of a bond issue calculated on the basis of simple interest. Paying Agent — An agent of the issuer with responsibility for timely payment of principal and interest to bond holders Preliminary Offici�l Statement (POS) — The POS is a preliminary version of the official statement which is used by an issuer or underwriters to describe the proposed issue of municipal securities prior to the determination of the interest rate(s) and offering prices(s). The preliminary official statement, also called a"red herring", often is examined upon by potential purchasers prior to malcing an investment decision Present Value — The value of a future amount or stream of revenues or expenditures in current dollars Page 20 of 20 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Refunding — An advance refunding is a refunding that occurs more than 90 days before the call date of the refunded bonds. A current refunding is a process of selling a new issue of securities to obtain funds needed to retire existing securities. Debt refunding is done to extend maturity and/or to reduce debt service cost Retail Buyer — Individual investors Revenue Bond — A bond which is payable from a specific source of revenue and to which the full faith and credit of an issuer with taxing power is not pledged. Revenue bonds are payable from identified sources of revenue, and do not permit the bondholders to compel a jurisdiction to pay debt service from any other source. Pledged revenues often are derived from the operation of an enterprise activity. Generally, no voter approval is required prior to issuance of such obligations Secondary Market — The marlcet in which bonds are sold after their initial sale in the new issue marlcet Senior Lien Bonds — Bonds having a prior, or first claim on pledged revenues Serial Bon�ls — A bond issue in which the principal is repaid in periodic installments over the issue's life Split ratings — Different rating levels from different rating agencies Surety Bond — A bond guaranteeing performance of a contract or obligation Term Bonds — Term bonds usually refer to a particularly large maturity of a bond issue that is created by aggregating a series of maturities. A provision is often made for the mandatory redemption of specified amounts of principal during several years prior to the stated maturity, which effectively simulates serial bonds True Interest Cost (TIC) — An expression of the average interest cost in present value terms. The true interest cost is a more accurate measurement of the bond issue's effective interest cost and should be used to ascertain the best bid in a competitive sale Vari�ble Rate Bond — A bond on which the interest rate is reset periodically, usually no less often than semi-annually. The interest rate is reset either by means of an auction or through an index Upgrade — An increase in credit rating �. - ,� s:\legal\our documentsUesolutions\l0�higher education.doc RESOLUTION NO. �� 1 �-� 13 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF BONDS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF THE PROCEEDS OF SUCH BONDS; AND MAKING CERTAIN FINDINGS 1N CONNECTION THEREWITH WHEREAS, North Texas Higher Education Authority, Inc. (the "Authority") was established as a non-profit corporation pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational opportunities of students by providing funds to purchase or to make guaranteed student loans; and - WHEREAS, the City of Denton and the City of Arlington have requested the Authority to exercise the powers provided for in Section 53B.47 of the Texas Education Code, as amended; and WHEREAS, pursuant to such request, the Authority has issued student loan revenue bonds or otherwise borrowed money to obtain funds to purchase or make student loans which are guaranteed under the provisions of the Higher Education Act of 1965, as amended; WHEREAS, the Authority requests that the City now approve the issuance of bonds to provide long-term financing for student loans which the Authority has financed through the use of interim lines of credit and to provide financing to purchase additional student loans; WHEREAS, the Authority anticipates using its 2008 Private Activity Bond Allocation Carry forward for such bonds; and WHEREAS, the City wishes to approve the issuance of the Authority's bonds provided that City is not responsible in any way for such bonds, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION l. The City Council of the City of Denton, Texas, hereby grants its approval to the North Texas Higher Education Authority, Inc. to issue and deliver during 2010 student loan revenue bonds, in one or more series, in an amount not to exceed $220,000,000. The bonds are to be issued to refund outstanding interim financing of the Authority used to purchase guaranteed student loans, to provide funds to purchase additional guaranteed student loans, to set aside the amount the Authority determines is necessary for payment of interest on the bonds and for operating costs and a debt service reserve, and to pay the cost of issuing the bonds, in accordance with the laws of the State of Texas, including Chapter 53B, Texas Education Code. SECTION 2. The City Council of the City of Denton, Texas, hereby grants its approval to the application of North Texas Higher Education Authority, Inc. for a 2010 Private Activity Bond Allocation Carry forward in an amount not to exceed $200,000,000, and hereby authorizes the Mayor to execute such application. . Error! Unknown document property name. -1- r . � f. s:\legal\our documents�resoiutions\l0�higher education.doc SECTION 3. The City of Denton, Texas requests that the Authority exercise the powers enumerated and provided for in Section 53B.47, Texas Education Code, as amended, and that such non-profit corporation shall, in this connection, exercise such powers for and on behalf of the City of Denton, Texas and the State of Texas, as contemplated by Section 53B.47(e), (� and (g), Texas Education Code, as amended. SECTION 4. The City of Denton, Texas does not agree to assume any responsibility in connection with the administration of the Authority's student loan program. Sole responsibility for the administration of the Authority's student loan program is assumed by the Authority. SECTION 5. Further, it is recognized by the City of Denton, Texas that the instruments which authorize the issuance of bonds, notes, or obligations by the Authority will specifically state that the City of Denton, Texas is not obligated to pay the principal of or interest on the bonds, notes, or obligations proposed to be issued by the Authority. Nothing in this resolution shall be construed as an indication by the City of Denton, Texas that it will pay or provide for the payment of any obligations of said Authority whether theretofore or hereafter incurred; and in this connection, attention is called to the Constitution of the State of Texas, wherein it is provided that a city may incur no indebtedness without having made provisions for its payment, and the City Council of the City of Denton, Texas hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Authority. SECTION 6. 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 that public notice of the time, place and purpose of said meeting was posted, as required by law. SECTION 7. This Resolution shall become effective immediately upon its passage and approval. - - �l� PASSED AND APPROVED this the %�— day of C��- ,,�.� , 2010. � � � - MARK A�B�JRROL��GHS; 1VIAYOR 6�r - / ( ATTEST:�' � ' JENNIFER WALTERS, CITY SECRETARY t BY: APPRO D AS O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � BY: Error! Unknown document property name. RESOLUTION NO. R2010-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR A REGIONAL SOLID WASTE PROGRAM — LOCAL IlVIPLEMENTATION PROJECT, CONSTRUCTION AND DEMOLITION PROCESSING EQUIl'MENT 1N THE AMOUNT OF $98,000; DELEGATING AND AUTHORIZING GEORGE C. CAlVIPBELL, CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY IN ALL OTHER MATTERS THAT ARE RELATED TO THIS PROJECT APPLICATION, PLEDGING THAT IF FUNDING FOR THIS PROJECT IS RECEIVED, THE CITY OF DENTON WILL COMPLY WITH ALL PROJECT REQUIREMENTS OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, AND THE STATE OF TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the North Central Council of Governments ("NCTCOG") has been directed by the Texas Commission on Environmental Quality ("TCEQ") to administer funds collected by the TCEQ for the statewide solid waste disposal fee, for joint and local solid waste projects for the implementation of the NCTCOG adopted goal "Time to Recycle"; and WHEREAS, the City of Denton, Texas is qualified to apply for project funds under the State "FY 2010 Request for Applications"; and WHEREAS, the grant is proposed to provide $98,000 in partial funding to the City to purchase a portable materials screen plant which will enable the Solid Waste Department to achieve greater efficiencies in collecting construction and demolition (C&D) recyclable materials; the screen plant is processing equipment that is placed at the front of the picking line as the first stage processing point for all materials moving on the line; and the screen plant will separate dirt, rock, and other materials from mixed C&D materials, which materials can then be used for other useful operations with the City; and WHEREAS, the City Council of the City of Denton has expressed their support and interest regarding the above-referenced solid waste project; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas hereby designates, delegates and authorizes George C. Campbell, City Manager, of the City of Denton, Texas, to complete the application and send in the application to request proj ect funding under the North Central Texas Council of Governments "Request for Applications" for the implementation of the Regional Solid Waste Program — Local Implementation Project; and the City Council hereby empowers and authorizes George C. Campbell, City Manager, or his designee, to act on the behalf of the city in all matters, other than the completion and sending in of the project application, that are related to the project application, and any subsequent project contract(s) that may result therefrom. SECTION 2. Should the project be funded, then the City of Denton, Texas shall comply with the requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas. SECTION 3. The proj ect funds and any proj ect-funded equipment and facilities will be used solely for the purposes for which they are intended under the Project. SECTION 4. The activities of the city shall comply with and support the adopted local and regional solid waste management plans adopted for the geographical area in which the activities are performed. SECTION 5. This resolution shall become effective immediately upon its passage and approval. ,, i` ATTEST: JENN�ER WALTERS, CITY SECRETARY By: -_, APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � By: 2 day of , 2010. RESOLUTION NO. R201 �-� 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR A REGIONAL SOLID WASTE PROGRAM — LOCAL IMPLEMENTATION PROJECT, RECYCLING AND LITTER REDUCTION EQUIPMENT PROJECT IN THE AMOUNT OF $68,000; DELEGATING AND AUTHORIZING GEORGE C. CAMPBELL, CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY 1N ALL OTHER MATTERS THAT ARE RELATED TO THIS PROJECT APPLICATION, PLEDGING THAT IF FUNDING FOR THIS PROJECT IS RECEIVED, THE CITY OF DENTON WILL COMPLY WITH ALL PROJECT REQUIREMENTS OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, AND THE STATE OF TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the North Central Council of Governments ("NCTCOG") has been directed by the Texas Commission on Environmental Quality ("TCEQ") to administer funds collected by the TCEQ for the statewide solid waste disposal fee, for joint and local solid waste projects for the implementation of the NCTCOG adopted goal "Time to Recycle"; and WHEREAS, the City of Denton, Texas is qualified to apply for project funds under the State "FY 2010 Request for Applications"; and WHEREAS, the grant is proposed to provide $68,000 in funding to the City far the purchase and installation of recycling containers to be placed from the old historic Denton County Courthouse Square to the new Denton light rail station; as well as for the purchase of equipment and educational materials to support the Downtown Denton Implementation Project in the public area of downtown Denton; this grant will ensure that recycling will occur at special events, which has been a city-mandated requirement at special events and also at events that are co-sponsored by the City, since July 1, 2008; and, WHEREAS, the City Council of the City of Denton has expressed their support and interest regarding the above-referenced solid waste project; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas hereby designates, delegates and authorizes George C. Campbell, City Manager, of the City of Denton, Texas, to complete the application and send in the application to request project funding under the North Central Texas Council of Governments "Request for Applications" for the implementation of the Regional Solid Waste Program — Local Implementation Project — Recycling Project; and the City Council hereby empowers and authorizes George C. Campbell, City Manager, or his designee, to act on the behalf of the city in all matters, other than the completion and sending in of the project application, that are related to the project application, and any subsequent project contract(s) that may result therefrom. SECTION 2. Should the project be funded, then the City of Denton, Texas shall comply with the requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas. SECTION 3. The proj ect funds and any proj ect-funded equipment and facilities will be used solely for the purposes for which they are intended under the Project. SECTION 4. The activities of the city shall comply with and support the adopted local and regional solid waste management plans adopted for the geographical area in which the activities are performed. SECTION 5. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �� ATTEST: JENN�'ER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �' . By: day of , 2010. s:\our documents�resolutions\10�2010-2014 consolidated plan resolution.doc RESOLUTION NO. R2010-016 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 2010-2014 CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT 1NCLUDING A 2010 ACTION PLAN 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 W�-IEREAS, 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 2010-year entitlement funds, program income and reallocated funding from previous years in the approximate amount of $1,700,000; and WHEREAS, citizen participation requirements, including the holding of public hearings, have been met; and WI3EREAS, the Community Development Act of 1974 and the National Affardable 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 2010-2014 Consolidated Plan and a 2010 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 Consolidated Plan and the certifications. SECTION 3. The City Secretary is hereby authorized to furnish copies of this resolution to all interested parties. SECTION 4. This resolution shall become effective immediately upon its passage and approval. �` PASSED AND APPROVED this the � ATTEST: JENNIF'ER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 ::-a o � RESOLUTION NO. �O 1 �-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING "EXTENDED PRODUCER RESPONSIBILITY" TO PROMOTE THE SHIFT OF DISPOSAL COSTS FROM LOCAL GOVERNMENTS TO PRODUCERS OF ITEMS THROUGH STATE LEGISLATION; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is committed to serve as a steward of our environment and has established procedures and programs to ensure sustainability, such as maximizing diversion of recyclable materials from landfill disposal through recycling services; providing for an on-site materials recovery facility (MRF), and passing Resolution R2007-032, which directed the City to utilize environmentally preferred products when making purchasing decisions to the extent possible; and WHEREAS, policies of the State of Texas currently make local governments, such as the City of Denton, responsible for waste management, but the municipal waste management system was established a century ago to manage far simpler and more homogeneous wastes than the manufactured goods and packaging of today that constitute approximately 75% of the materials that are managed by the City of Denton Solid Waste Department; and WHEREAS, there are significant environmental and human health impacts associated with the improper management of hazardous products, yet the amount of hazardous products and management costs keep increasing; and WHEREAS, local governments have no input into the design or marketing of consumer products and face a scarcity of resources to adequately address the rising volume of discarded products; therefore, the costs paid by citizens and local governments to manage product disposal amount to subsidies that enable and encourage producers to design products for disposal without any regard to the product's end of life management; and WHEREAS, Extended Producer Responsibility ("EPR") is an environmental policy approach in which producers (brand owners and importers) accept responsibility for the management of post-consumer products, so that those who produce and use products bear the costs of recycling and responsible disposal; and WHEREAS, the Texas legislature has enacted HB 2714 in 2007 requiring producer responsibility programs for home computers that has resulted in approximately twelve (12) billion pounds of recycled electronics in 2009; and WHEREAS, the City of Denton can advance EPR through a variety of inechanisms including requiring the manufacturers of products sold to City of Denton departments to take financial responsibility for collecting and recycling their products at the end of their useful life and by incorporating EPR policies into the City of Denton's environmentally � -, > :e � �/ y � preferred procurement practices by favoring vendors and manufacturers that take back their product and associated packaging at end of life; and THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City of Denton, Texas urges the Texas Commission on Environmental Quality (TCEQ) and the State Legislature to enact legislation, policies and programs for "Extended Producer Responsibility" which will give producers the incentive to design products, to make them less toxic, and make them easier to reuse and recycle. SECTION 2. The City of Denton, Texas supports the Texas Product Stewardship Council, as an organization of local governments that is working to advocate transparent and fair EPR systems in Texas; to shift waste management costs from local governments to the producers (and importers) of the product; and which will give producers (and importers) the incentive to re-design products to make them less toxic and easier to reuse and recycle. SECTION 3. The City of Denton, Texas shall include, where possible, EPR language in contracts for the acquisition of commodities. SECTION 4. The City of Denton, Texas encourages manufacturers and distributors of products and packaging sold in our jurisdiction to minimize excess packaging; to design products for durability and reusability; and to design products which will facilitate the ability to be recycled; to use recycled materials in the manufacture of new products; and to provide financial support for the collection, processing, recycling or disposal of used materials. . : � �� .-; PASSED AND APPROVED this the �— day of , 2010. r-.� . '� ,� - M . OU , MAYOR , � �:, ATTEST: JENNIFER WALTERS, CITY SECRETARY B • Y• APPROVED AS TO LEGAL FORM: AI�tITA BURGESS, CITY ATTORNEY By: s.\legal\our documentsUesolutions\10�2010-911 nom�nate member doc RESOLUTION NO. �� 1 �-� 1 g 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 Harlan Jefferson, Town of Flower Mound, a member of the Board of Managers of the Denco 9-1-1 District, will expire on September 30, 2010; 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 Harlan Jefferson 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, 2010. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. .1 � PAS�SED AND APPROVED this the �� , _ . � day of �,�i 2010. � �_ ,� d � _ ! � _� MARK A�BIJ�Fd�OUGHS, MAYOR . .: � . ,, .. ATTEST:'s � � JENNIFER WALTERS, CITY SECRETARY BY: APPROVED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ` � - � � !� � . � s.\legal\our documentsUesolutions\10\dcta bd alternate appointment jun 2010.doc RESOLUTION NO. �O 1 �-� 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPOINTING AN ALTERNATE TO THE BOARD OF DIRECTORS 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 (the "Authority Board") of the Denton County Transportation Authority (the "Authority"); and WHEREAS, the Denton County Transportation Authority Bylaws authorizes the appointment of inembers of the Board of Directors, as well as alternate board members serving in the absence of appointed board members; and WHEREAS, pursuant to Resolution No. R2009-03 8 the City Council of the City of Denton appointed Guy McElroy as the City of Denton representative to the Authority Board and appointed 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 will expire on November 12, 2011, and the City Council deems it be in the public interest to appoint an alternate to the Authority Board for the remainder of the current 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. Rick Woolfolk is hereby appointed as First Alternate to the Authority Board as a representative for the City of Denton, Texas. Mr. Woolfolk 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. : . , � s�\legal\our documentsUesolut�ons\10\dcta bd alternate appointment jun 2010.doc �l PASSED AND APPROVED this the � - � .. �, d - , p - �- -• ATTEST:: � JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY , BY: � � Page 2 of 2 RESOLUTION NO. _ �� 10-02� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR A REGIONAL SOLID WASTE PROGRAM - LOCAL IMPLEMENTATION PROJECT; DELEGATING AND AUTHORIZING GEORGE C. CAMPBELL, CITY MANAGER, OR HIS DESIGNATE, TO ACT ON BEHALF OF THE CITY IN ALL OTHER MATTERS THAT ARE RELATED TO THIS PROJECT APPLICATION, PLEDGING THAT IF FUNDING FOR THIS PROJECT IS RECEIVED; THE CITY OF DENTON, TEXAS WILL COMPLY WITH ALL PROJECT REQUIREMENTS OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, AND THE STATE OF TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the North Central Council of Governments ("NCTCOG") has been directed by the Texas Commission on Environmental Quality ("TCEQ") to administer solid waste project funds for the implementation of the NCTCOG adopted goal "Time to Recycle"; and WHEREAS, the City of Denton, Texas is qualified to apply for project funds under the "FY 2011 Solid Waste Implementation Funds - Request for Applications"; and WHEREAS, the City Council of the City of Denton has expressed their support and interest regarding the above-referenced solid waste project; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas hereby delegates and authorizes completion and submittal of the City of Denton's application requesting project funding under the North Central Texas Council of Governments' "FY 2011 Solid Waste Implementation Funds - Request for Applications" for the implementation of the Regional Solid Waste Management Plan; and the City Council hereby empowers and authorizes George C. Campbell, City Manager, or his designee, to act on the behalf of the city in all matters, that are related to the project application, and any subsequent project contract(s) that may result therefrom. SECTION 2. Should the project be funded, then the City of Denton, Texas shall comply with the requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas. SECTION 3. The project funds and any project-funded equipment and facilities will be used solely for the purposes for which they are intended under the Project. SECTION 4. The activities of the city shall comply with and support the adopted local and regional solid waste management plans adopted for the geographical area in which the activities are performed. SECTION 5. This resolution shall become effective immediately upon its passage and approval. �"L PASSED AND APPROVED this the ��—day of . 2010. _ � . . �a . ;' -. . � . � � �, � �, � � , ,� ^ � _ � �: . -, ` � . f_, ATTEST: JENNIFER WALTERS, CITY SECRETARY By: � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY t , , By: � RESOLUTION NO. R2� 10-021 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A REVISED CITY POLICY REGULATING MEDICAL EXAMINATIONS OF CITY OF DENTON EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has adopted a policy relating to medical examinations for its employees; and WHEREAS, the Director of Human Resources has presented a revised policy regarding medical examinations of 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 HEREBY RESOLVES: SECTION 1. Policy number 102.10 "Medical Examinations" 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 102.10 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 ��}=v day g��f,��, , 2010. ►� : : ► : : 1: :iZ��i[�3=T � • ' ATTEST: JENNIFER WALTERS, CITY SECRETARY ' 1'/. �L.� / /. � �i..�� . / APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Z:10ur pocumenlsUtesolutlonsllQNiedical exeminauons policy.doc CITY OF DENTON PAGE 1 OF 2 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 102.10 strB�cT: EMPLOYEE APPOINTMENT �rriT�.L EFFECTivE Da�: 08/21/84 TiTLE: MEDICAL EXAMINATIONS LasT �visioN Da�: 07/20/2010 POLICY STATEMENT: It is the policy of the City of Denton to require certain employees, as determined by the job specification, to be examined by a physician under certain circumstances described below. No one who is given a medical examination shall be employed unless the examining physician certifies that the person meets the minimum standards of physical fitness required for the position. Medical examinations may be used to ensure that employees remain in good physical condition in order to perform the demands of the job. As a condition of employment, and based upon job requirements, all prospective or transferring employees may be required to pass a physical examination administered by a physician designated by the City of Denton. Employees may be required to have a physical examination on other occasions, such as in—house advancement, or whenever the employee's supervisor determines that a potential health problem may prevent an employee from performing his/her job duties. ADMINISTRATIVE PROCEDURES: I. CONDITIONS OF EMPLOYMENT A. Physical examinations required by the City of Denton for promoted, transferred, or current employees shall be paid for by the City of Denton. Time spent by an employee in waiting for and receiving a physical examination shall be considered hours worked for pay purposes. B. Supervisors are responsible for notifying the Human Resources Department of any positions which place physical or environmental demands on the employee. Such positions will be reviewed by the Human Resources Department in order to evaluate and determine the type and extent of inedical examinations required prior to job performance. II. PAYMENT OF MEDICAL EXAMINATIONS A. Medical examinations paid for by the City of Denton are the property of the City of Denton and shall be confidential. A copy of the medical examination report shall be available to the HR/POLICY/102.10 POLICY/ADMI1vISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE T�`rLE: MEDICAL EXAMINATIONS employee upon written request. PAGE20F2 REFERENCE NUMBER: 102.10 B. When the City of Denton requires a physical examination or physician's report concerning an illness or injury suffered by an employee, the examination shall be at the expense of the City of Denton and performed by a physician selected by the City of Denton. C. Such examinations may be authorized by the Director of Human Resources or his/her designee only. Employees who are not satisfied with the physician's determination may submit a report from a physician of their own choosing and at their own expense. In the event of conflicting opinions, the City of Denton may employ a third physician to examine the employee. The City of Denton will pay for this third physical examination. D. The reports of the physicians involved, along with the demands of the job and the employee's ability to perform the j ob duties, will be the basis for a decision. III. CNIL SERVICE In the case of rejection of a civil service applicant for appointment, or for promotion, Civil Service proceedings governed by Chapter 143 of the Texas Local Government Code shall apply if the applicant wishes to challenge the rejection. The Texas Local Government Code is available for review at the City of Denton Public Library and departments of Fire, Police, and Human Resources. HR/POLICY/10210 RESOLUTION NO. �O 1 O-OZZ A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A REVISED CITY POLICY REGULATING PAYROLL DEDUCTIONS FOR THE CITY OF DENTON EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has adopted a policy relating to payroll deductions for its employees; and WHEREAS, the Director of Human Resources has presented a revised policy regarding payroll deductions 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 HEREBY RESOLVES: SECTION 1. Policy number 106.03 "Payroll Deductions" 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 106.03 within the Policies and Procedure Manual. SECTION 2. The foregoing policy attached hereto and made a part hereof shall be �led 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 �Q`� day of , 2010. .-� �', BURROU�HS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: '. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � BY: �� . Z�10ur �ocumentslliesoluuonsUUlpayroll deducuons policy.doc CITY OF DENTON PAGE � oF 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 106.03 suB.�cT: WAGE AND SALARY PLAN INITIAL EFFECTNE DATE: 10/30/84 TiTT,E: PAYROLL DEDUCTIONS LasT �visiorr Da�: 07/20/2010 POLICY STATEMENT: The City of Denton's policy on payroll deductions is to limit deductions to taxes, insurances, retirement, or specific approved voluntary contributions. Payroll deductions for the City may be divided into two categories: 1) mandatory and 2) employee authorized. The mandatory category includes taxes and retirement. The employee-authorized category includes, but is not limited to, City insurance premiums, excess medical and dependent care, credit union shares or payments, United Way contributions, and extra federal income tax withholdings. ADMINISTRATNE PROCEDURES: I. MANDATORY DEDUCTIONS A. Taxes, including but not limited to, F.I.C.A. and federal withholding taxes. B. Contributions to authorized retirement programs except for employees not meeting requirements for eligibility. C. Any court ordered payment. II. OPTIONAL PAYROLL DEDUCTIONS WITH INDIVIDUAL AUTHORIZATION FOR ALL REGULAR EMPLOYEES Below are examples of deductions taken from employee's paychecics and the frequency of the deduction. This is a non-exclusive list. A. Payroll Deductions Taken the First and Second Payroll of Each Month 1. Benefit premiums and contributions for employee and dependent coverage by City- authorized plans that are not paid for by the City. Premiums and contributions will be deducted from the first and second payroll of each month, and shall provide employees with coverage for that corresponding month. For months that include a third payroll, benefit deductions may not be talcen. HR/POLICY/106.03 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: PAYROLL DEDUCTIONS PAGE 2 OF 3 REFERENCE NUMBER: 106.03 Should an employee terminate employment prior to the end of the month, elected health, paycheck. However, in cases where the final paycheck is not sufficient to cover the premiums and contributions, or where the applicable deduction is not made from the final check, the former employee shall be responsible for ensuring the remaining premiums and contributions are paid. If the former employee does not pay the remaining premiums and contributions, any benefits paid on behalf of the employee or any dependents sha11 be recouped by the appropriate payor. 2. Credit Union 3. Excess Medical and Dependent Care B. Payroll Deductions Taken From Each Payroll in the Calendar Year 1. Contributions to United Way 2, Contributions to any 457 Deferred Compensation Plan 3. Extra federal income tax withholding III. SEASONAL/TEMPORARY Payroll deductions for seasonal and temporary employees will include F.I.C.A. and federal income tax withholdings. IV. CANCELLATION OF DEDUCTIONS If an employee desires to cancel deductions from payroll, or change the number of dependents for any purpose, the Human Resources Department must be contacted and appropriate forms completed to properly execute this transaction. V. REPORTING ERRORS If an employee has questions about deductions from his/her pay or he/she believes his/her wages have been subject to any improper deductions, the employee should report his/her concerns to his/her supervisor or timekeeper immediately. If a supervisor or timelceeper is unavailable or if the employee has not received a satisfactory response within three (3) business days after reporting his/her concern, he/she should contact Human Resources or Payroll. If the employee IIR/POLICY/106.03 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TiTLE: PAYROLL DEDUCTIONS PAGE 3 OF 3 REFERENCE NUMBER: 106.03 has not received a response from Human Resources or Payroll within five (S) business days and is unsure who to contact to correct the problem, he/she should immediately contact the City Manager's Office. I IR/POLICY/106.03 RESOLUTION NO. R2010-023 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A REVISED CITY POLICY REGULATING OVERTIME FOR THE CITY OF DENTON EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has adopted a policy relating to overtime for its employees; and WHEREAS, the Director of Human Resources has presented a revised policy regarding overtime 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 HEREBY RESOLVES: SECTION 1. Policy number 106.04 "Overtime" 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 106.04 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 ��' y � �— da ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: /� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � Z:10ur pocumemslResoWtiansUDlavertune policy.doc CIT�' OF DENTON PAGE 1 oF 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE sECT�oN: HUMAN RESOURCES REFERENCE NUMBER: 106.04 sus.rECT: WAGE AND SALARY PLAN II�IITIAL EFFECTNE DATE: 11/19/85 TrrL,E: OVERTIME LAST REVISION DATE: 07/20/2010 POLICY STATEMENT: The City of Denton requires employees to work overtime when necessary and as requested by the supervisor. Overtime is defined as authorized time worked which exceeds 40 hours per worlcweelc. Overtime for Fire Civil Service employees wi11 be calculated based on the maximum number of hours for the declared work period. Employees who work overtime without authorization from their immediate supervisor will be subject to disciplinary action. Overtime on any job shall be allocated as evenly as possible among all employees qualified to do the job. Supervisors shall make every effort to schedule overtime as far in advance as possible. Supervisors shall be held responsible for ensuring that overtime is assigned only when absolutely necessary. Overtime for non-exempt employees will be paid subject to the requirements of the Fair Labor Standards Act, 29 U.S.0 201 et seq., as the same may be amended from time to time. Some seasonal and temporary positions may be eligible for overtime. T'he Human Resources Director is responsible for maintaining the exempt/non-exempt status of all City positions. ADMII�TISTRATNE PROCEDURE: I. OVERTIME PAY: A. Non-exempt employees will be paid at the rate of one and one-half times their regular rate of pay for overtime. Overtime will be paid for all additional time worked to the nearest quarter hour. B. Effective January 1, 2009, the City of Denton will not provide compensatory time in lieu of paid overtime for any employees. Employees who work more than the FLSA mandated hours within an established pay period will be paid at the FLSA overtime rate pursuant to "A" above. C. Regular part-time employees will not receive overtime pay until the number of hours acivally worked exceeds 40 hours per workweek. D. Holidays and vacation leave, with the exception of vacation in lieu of sick, are considered actual time worked for overtime eligibility. Except in the case of Fire Civil Service employees, all other leaves (i.e., sick leave, administrative leave, etc,) are not considered time worlced and are not included in computing hours for overtime purposes. In order to comply with Texas civil service HR/POLICY/106.04 PAGE 2 OF 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE `r�TLE: OVERTIME REFERENCE NUMBER: 106.04 laws regarding civil service fire fighters, with regards to Fire civil service employees, substitution of any leave for regularly assigned duty will be counted as time worked up to 120 hours of assigned duty. Any lea�e (other than vacation (excluding vacation in lieu of sicic) and holiday) that results in paid hours in excess of regularly assigned duty (120 hours) is not considered time worlced. E. Exempt employees are not eligible for overtime pay. These employees will sometimes be required to work more than the normal 40-hour week without compensation due to the nature of their job duties. Supervisors of exempt positions will detertnine occasional discretionary time off, based on workload, for hours worked in excess of 40 hours per week. Discretionary time is defined as flexible time off which is approved by the immediate supervisor and does not equal or exceed the number of extra hours worlced. Exempt employees are not entitled to discretionary time and cannot accumulate discretionary time for pay out. G. A regular full-time employee may have a part-time job in another department if approved by the department head and the Human Resources Director or his/her designee. The hours worlced in this capacity shall not be counted toward overtime if the part-time worlc is in a different capacity than the employee's regular job and occurs on an occasional or sporadic basis. II. AUTHORIZATION OF OVERTIME A. Prior to worlcing any overtime, employees must check with their supervisors to make sure overtime is or will be authorized. B. Work performed by an employee other than normal working hours will not be considered authorized overtime unless it is approved by the appropriate supervisor prior to the work being performed. (For example: worlc during meal times, after normal worlcing hours, or work taken home.) C. Non-exempt employees who worlc unauthorized overtime must still be paid for their time worked at the applicable overtime rate; however, the employees will be subject to discipline pursuant to the Disciplinary Actions Policy no. 109.01 if they worlc overtime without obtaining approval and authorization from their supervisors. D. Exempt employees may receive paid overtime at a rate of one and one-half times their regular rate of pay only in emergency situations (such as natural disasters that disrupt the delivery of essential services). Such payments must be approved in writing by the department head. An emergency situation is defined as a disruption or loss of an essential service related to water, electricity, health or safety. HR/POLICY/106.04 PAGE 3 OF 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued Ti'rL.E: OVERTIME CIVIL SERVICE: REFERENCE NUMBER: 106.04 The City of Denton has declared a 14-day work period under the 207(K) provision of the Fair Labor Standards Act for Denton Fire civil service employees and Police civil service employees who worlc scheduled 12-hour shifts. Under this exemption, hours worlced over 106 in the 14-day work period by Fire civil service employees will be considered overtime and will be paid at one and one- half times the regular rate. Although under the 207(K) provision of the Fair Labor Standards Act a Police officer subject to the provision would not be paid overtime until he/she had worked more than 84 hours in a two week period, the Texas law is more restrictive and requires that Police civil service employees be paid overtime rates for time worked in excess of 80 hours in a two week period, Pursuant to Texas law, the City of Denton has declared a 14-day worlc period for civil service police employees who work 12-hour shifts. Under this declaration, hours worlced over 80 in the 14-day worlc period will be considered overtime and will be paid at one and one-half times the regular rate; however, when determining whether leave time is "time worked" (as described in section I. D., above), the City of Denton will continue to analyze the leave time on a weelcly basis. Sections 142.001-142.0017 of the Texas Loca1 Government Code (hours of labor and vacations of fire fighters and police officers in certain cities) outlines the specific laws concerning overtime of civil service employees. The Texas Local Government Code is available for review at the City of Denton Public Library and the Fire, Police, and Human Resources departments. I IR/POLICY/106.04 RESOLUTION NO. R2� 1 �-�24 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A REVISED CITY POLICY REGULATING MEAL AND BREAK TIMES FOR THE CITY OF DENTON EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has adopted a policy relating to meal and break times for its employees; and WHEREAS, the Director of Human Resources has presented a revised policy regarding meal and break times 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 HEREBY RESOLVES: SECTION 1. Policy number 108.02 "Meal/Break Times" 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 108.02 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 �� — ATTEST: JENNIFER WALTERS, CITY SECRETARY T BY: �� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY / BY: � . Z:10ur UocumemslResolufionsU0lmeal and break Umes policy.doc day of , 2010. MA A. B OU HS, MAYOR CITY OF DENTON PAGE � oF? POLICY/ADMINISTRATIVE PROCEDURE/ADMIl�ISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 108.02 suBJECT: STANDARDS OF CONDUCT FOR EMPLOYEES INITIAL EFFECTIVE DATE: OS/06/86 `riTLE: MEAL/BREAK TIMES LAST REVISION DATE: 07/20/2010 POLICY STATEMENT: I. MEAL BREAK Every effort will be made to ensure that all employees receive a daily meal break during each shift. This break is to be taken at the discretion of the department supervisor. There may be instances, however, when an employee may not receive a scheduled meal brealc due to scheduling andlor the nature of the work. Unless otherwise instructed, employees will receive at least a 30 consecutive minute, duty-free meal break during a normal worlc day. In the event a non-exempt employee does not get a 30 consecutive minute duty-free meal brealc, he/she shall be paid in accordance with the Fair Labor Standards Act. II. REST BREAKS No more than two rest brealcs may be made available with the approval of the immediate supervisor. Rest brealcs shall be considered a privilege and not a right and shall never interfere with proper performance of an employee's work responsibilities and department worlc schedules. A. Rest Break Conditions Rest brealcs are a maximum of fifteen (15) minutes. Employee rest brealcs must be talcen at, near, or in route to or from work sites within the fifteen (15) minute limits. Employees whose worlc sites and/or work schedules do not permit opportunities to obtain food or beverages should plan ahead and take provisions with them to the work sites. B. Rest Break Practices Not Permitted 1. Combining two daily breaks into one thirty (30) minute rest period. 2. "Banlcing" rest period time from day to day. 3. Saving rest period time to extend lunch period or shorten shift is prohibited. HR/POLICY/108.02 PAGE 2 OF 2 POLICY/ADMINISTRATIVE PROCEDURE/ADNIIlVISTRATIVE DIRECTIVE TiTLE: MEALBREAK TIMES I REFERENCE NUMBER: 108.02 4. Requesting overtime pay for work performed during a rest period. 5. Field crews will not be allowed to leave the job site for brealcs. I-IR/POLICY/108.02 RESOLUTION NO. R2010-025 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A REVISED CITY POLICY REGULATING SOLICITATION BY AND TO CITY OF DENTON EMPLOYEES; : ►I� � � • :�:i1►[ef�_��►i/��7_�� WHEREAS, the City of Denton, Texas has adopted a policy relating to solicitation by and to its employees; and WHEREAS, the Director of Human Resources has presented a revised policy regarding solicitation by and to 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 HEREBY RESOLVES: SECTION 1. Policy number 114.01 "Solicitation" 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 114.01 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 �Q� day of � , 2010. MARK A. BURROUG , MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � /�/. � i , u�' � �� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Z:IOur pocumenislResoluUonsllU�solicilatlon policy.da CITY OF DENTON PAGE 1 OF 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 114.01 suB.�cT: SOLICITATION II�TITIAL EFFECTIVE DATE: 04/02/86 TITLE: SOLICITATION LAST REVISION DATE: 07/20/2010 POLICY STATEMENT: City offices are for the purpose of conducting City business. To facilitate internal productivity, no organization or business will be allowed to solicit to any City employee during worlc hours or on City property except as provided by this policy. Additionally, no employee of the City of Denton may engage in political activity, solicit contributions or donations, sell tickets, or take orders for any cause or function to another City employee, retail business, or to a member of the general public while on duty , except as provided by this policy. . Any solicitation to or by City employees must be deemed a"public purpose" and approved by the City Manager. For putposes of this policy, a"public purpose" will be defined as benefitting a not-for-profit organization that does not express religious, moral, or political opinions and: • Has a positive fiscal impact on the Denton community; • Has a positive impact to the quality of life in the Denton community; • Has a positive impact to the productivity and morale of City employees; or • Has a positive impact to Denton's reputation. ADMINISTRATIVE PROCEDURES I. Solicitation for Charitable Organizations Employees soliciting charitable contributions for approved campaigns, either from other City employees or from the general public, are authorized to solicit such contributions either on or off the City facilities on duty and in uniform in accordance with any restrictions set forth under Section 25- 5"Soliciting Business or Charitable Contributions" of the Code of Ordinances of the City of Denton, or any other applicable laws, rules, or regulations, and subject to the following restrictions: No City employee shall be allowed to solicit charitable contributions on duty for more than 24 hours during one calendar year without advanced approval from the City Manager or his/her designee. 2. No City employee shall be authorized to solicit charitable contributions on duty when it interferes with that employee's regular duties or functions. HR/POLICY/114.01 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TI`rL,E: SOLICITATION II. III. I\I PAGE 2 OF 3 REFERENCE NLJMBER: 114.01 3. In soliciting charitable contributions on duty, the City employee will comply with all other applicable sections of the Code of Ordinances of the City of Denton and all other City policies, procedures, and regulations. Solicitation for Special Circumstances Collections for employees leaving City employment will be allowed. Collections for employees suffering personal hardships will be allowed with the approval of the Human Resources Director. Under no circumstances should any employee feel coerced to give money, gifts, or donations of any lcind. All other City policies, procedures, and regulations should also be followed. Solicitation of Business From Employees In order to establish a uniform policy regarding solicitation of business from employees of the City of Denton, the following guidelines have been established: 1. The City of Denton will not promote or distribute any information pertaining to discounts offered by retail businesses/services unless authorized in writing by the City Manager and made available to all City employees. Only discounts to local and regional special events, sporting events, and attractions will be allowed. 2. All inquiries should be referred to the Human Resources Department. 3. Discounts to local and regional special events, sporting events, and attractions must be available to a11 employees unless job related. 4. If requested, a company must supply discount coupons/flyers in a quantity to be available for the entire employee population. 5. Flyers/handouts for advertising purposes only will not be accepted. Solicitation of Donations from Businesses and Organizations by City Employees Solicitation of donations from businesses and organizations by City employees will not be allowed, unless on behalf of an approved City foundation or recognized employee association. In these instances, solicitation of donations must comply with Section I of this policy. Events hosted by the City, in whole or in part, that benefit the community are excluded from this policy. HR/POLICY/114.01 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Trri,E: SOLICITATION PAGE 3 OF 3 REFERENCE NUMBER: 114.01 V. POSTING OF ALL ADVERTISEMENTS, ANNOUNCEMENTS, LEAFLETS AND ITEMS No other non j ob related announcement or printed material may be attached to any window or building owned by the City of Denton, excluding employee brealc rooms, unless sponsored by the City of Denton and has a City of Denton logo or wording such as "funding provided by..." or is approved by the City Manager. Specifc technical job related material must be approved by the division manager. All items posted should have a removal date in the lower right-hand corner. Any public service bulletin board located on City property is exempt from this policy. However, users of the public service bulletin board must adhere to the guidelines established by the appropriate department. HR/POLICY/l ] 4.01 s:Uegal\our documentslresolutions1101nctcog regional trans council.doc xESOLUTIOrr No. R2010-026 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, programining federal and State funds for the implementation of transportation improvements, selecting specific federally funded proj ects 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 reappoint Pete Kamp as the primary member to the RTC and appoint Scott McDearmont, Mayor, Highland Village 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 reappointed as the primary member of the City of Denton, Texas to the RTC and Scott McDearmont is hereby appointed as the alternate member of the City of Denton, Texas, to the RTC. Pete Kamp and Scott McDearmont 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 , 2010. , MAYOR s:llegallour documentslresolutions110�nctcog regionaf traz�s council.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY � ��11! � �/ ��l.i/ I,��; � - APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � �✓ Page 2 of 2 \lcodad\departmentsVegallour documentslresolutions1101resolution-notice of intent.doc xESOLUTiorr No. �010-027 A RESOLUTION AUTHORIZING ISSUANCE OF A NOTICE OF 1NTENT THAT THE CITY OF DENTON, TEXAS INTENDS TO ESTABLISH A TAX INCREMENT FINANCING REINVESTMENT ZONE, PURSUANT TO THE TAX 1NCREMENT FINANCING ACT, TEXAS TAX CODE ANN., CHAPTER 311, FOR THE CITY OF DENTON, TEXAS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton intends to establish a Tax Increment Financing Reinvestment Zone for the City of Denton pursuant to the Tax Increment Financing Act ("Act") for the purpose of encouraging development; and WHEREAS, the boundaries of the Tax Increment Financing Reinvestrnent Zone No. 1(TIF # 1), are described in the attachment designated as E�ibit "A" and shown on the map attached hereto as Exhibit "B", said area for TIF # 1 being within the city limits of the City of Denton; and WHEREAS, Section 311.003 of the Act provides that not less than the 60th day before the date of the Public Hearing, the governing body of the municipality must notify in writing the governing body of each taxing unit that levies real property taxes in the proposed Zone that the municipality intends to establish a Tax Increment Financing Reinvestment Zone; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTIONI. The City Manager is hereby directed to send all taxing entities a copy of the Notice of Intent to create Tax Increment Financing Reinvestment Zone No. 1(TIF #1); and SECTION 2. The Notice shall include all descriptions and other documents as required by State law; and SECTION 3. This resolution shall be effective immediately upon its passage. PASSED AND APPROVED this 3ra day of August, MARK A�B�bUG�IS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � BY: \lcodad\departmentsUegal\our documentslresolutions1101resolution-notice of intent.doc APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � BY: EXHIBIT A CITY OF DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE No. 1 BOUNDARY DESCRIPTION Begiruling at the southwest corner of the ROW intersection of Carroll Blvd. and Sycamore, the PO1NT OF BEGINNING; THENCE, north along the west ROW of Carroll Blvd. to the northwest corner of the ROW intersection of Carroll Blvd. and W. Parkway Street; THENCE, east along the north ROW of W. Parkway Street to the northeast corner of the ROW intersection of W. Parkway Street and Locust; THENCE, south along the east ROW of Locust to the north ROW of McKinney; THENCE, east along the north ROW of McKinney to a point directly north of the southeast corner of the ROW intersection of McKinney and N. Bradshaw Street; THENCE, south across McKinney and continuing south along the east ROW of N. Bradshaw Street continuing directly south across E, Hickory Street to the south ROW of E. Hickory Street; THENCE, west along the south ROW of E. Hickory Street to the northeast corner of a tract in the Fred Hill Addition, Block A, Lot 1; THENCE, south and east following the property line of a tract in the Fred Hill Addition, Block A, Lot 1 to the northwest corner of a 1.406 acre tract, A1184A H. Cisco, Tract 14; THENCE, south along the west property line of a 1.406 acre tract, A1184A H. Cisco, Tract 14 to its intersection with the north property line of a 1.694 acre tract A1184A H. Cisco, Tract 15; THENCE, west and south along the north and west property line of a 1.694 acre tract A1184A H. Cisco, Tract 15 to the northwest corner of a 0.16 acre tract, A1184A H. Cisco, Tract 20; THENCE, south along the west property line of a 0.16 acre tract, A1184A H. Cisco, Tract 20 to the north ROW of Sycamore; THENCE, directly south across Sycamore to the south ROW of Sycamore; THENCE, west along the south ROW of Sycamore to the northwest corner of the Oakwood Cemetery; Denton, Boundary Description 051710 5/24/2010 Page 1 of 2 THENCE, south along the west property line of the Oakwood Cemetery to the north ROW of Prairie; THENCE, directly south across Prairie to the south ROW of Prairie; THENCE, west along the south ROW of Prairie to the southwest corner of the ROW intersection of Prairie and Elm; THENCE, north along the west ROW of Elm to the south ROW of Sycamore; THENCE, west along the south ROW of Sycamore to the southwest corner of the ROW intersection of Sycamore and Carroll Blvd. and the POINT OF BEGINNING, and containing a total area of approximately 225.73 acres. Denton, Boundary Description 051710 5/24/2010 Page 2 of 2 � V � .� 0 � i .� � � L,L � � � � L V � — � � m � � � � W � L_I_ � �� =�``__' ( � �� ----_- � __� �-`_ ;____�� ___�_-_--�� _ -�� 4,, �� ;�=; -1 �_. ��'�,;'�,._C� l I I�1J `, �{ ; �� -�_ 1 ❑ - � �� '� � � . � 1 — � , '� � �� v ,� � � -�� ■ �� hti� LIi �Z '�L`�� i � _ �� i1 --� � - � -- r----i I � , � I �� I! 1_ - �--�-�-��---_J� ;,'`�` ��y a ��.LJ�_ �, �-��—� I �� `',.1��; �L" - —��-J W r--� � u� � �� g� � � � �'� � � �'`a • . �_' . ��I �_�_l �! ;!�i i' � ; ,, _ __. , I ��"; ' °� ,� PR' �_��;- � �� _ �1 �------ �[� _- --� ; �- L i= - — . , ;� � �_ _:-- � /,' �, i ,f _ �_ � __ -- ,, ; , �_ �� : - � i � � _�_ -- - -� --�_�; � � ___ J� _� � �-1�-C� - Y _ � 0 r�l Legend Q TIF Boundary ------ Centerline Streets Property Description Acreage w/or w/o Agr usE _----- _. �� Cable Company Duplex � Exempt � _� Gas Company � Multifamily Phone Company � ' Real and Commercial � . . _..._... --- � _! Single Family ,— --� ;� Townhome ��Vacant Commercial Lots � N W E S � ��; April 16 2010 MilesThis map is a graphic representation prepared by the City of Denton and is intended for use only as a reference. Data depicted 0 0.05 0.1 0.2 0.3 0.4 is not guaranteed for accuracy and may be subject to revision at any time without notification. A Registered Surveyor for the State of Texas was not consulted. For Survey level accuracy, supervision and certification of the produced data by a Registered Professional Land Surveyor for the State of Texas would need to be performed. RESOLUTION NO. R2010-028 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS RECOGNIZING THE MISSION OF THE CLEAR CREEK NATURAL HERITAGE CENTER TO INSPIRE ENVIRONMENTAL PARTNERSHIP AND STEWARDSHIl', AS WELL AS TO PROVIDE AN UNDERSTANDING OF THE NATURAL HERITAGE OF NORTH CENTRAL TEXAS; RECOGNIZING THAT THE CENTER WILL BE DEVELOPED USING SUSTAINABLE BUILDING PRACTICES AND WILL SERVE AS A LEARNING CENTER FOR ENVIRONMENTAL CITIZENSHIl' AND SUSTAINABILITY; ENDORSING THE "CLEAR CREEK LONG-RANGE PLAN" PREPARED BY STAFF; IMPLEMENTING THE SA1D LONG-RANGE PLAN FOR THE PERIOD BEGIlVNING FY 2010-2011 AND ENDING FY 2014-2015 INCLUSIVE; EXPRESSING THE CITY'S INTENTION TO PARTICIPATE AND CONTRIBUTE TO SAID LONG-RANGE PLAN; FINDING THAT THE CLEAR CREEK FACILITIES AND THE "CLEAR CREEK LONG- RANGE PLAN" BENEFIT THE PUBLIC AND SAFEGUARD THE PUBLIC WELFARE; PROVIDING FOR AN EFFECTNE DATE. WHEREAS, in the year 2000, the City originally leased the Clear Creek project area from the Army Corps of Engineers ("Corps"); the 2,835 acres at that time was primarily identified as floodplain and floodway, as a wildlife rnanagement area, and a part of the watershed for Lake Lewisville; the initial phase of the project included the construction of two wetlands and the planting of over 190 acres in order to restore forests and wildlife habitat; and WHEREAS, subsequently the City worked with the Corps so that a small portion of the area that is outside of floodplain would be identified as a higher recreation use; said activity allowed the city to pursue opportunities to develop partnerships, create a center and ultimately develop a facility that could implement the principles of sustainable building, development and living, and also be a gateway to the remainder of the 2,835 acre tract leased from the Corps; and WHEREAS, the "Clear Creek Master Plan" was completed by the firm Overland Parhiers in 2002; that plan, considering the existing mission of the facility as well as the core purposes were best reflected by the name "Clear Creek Natural Heritage Center" ("CCNHC" or the "Center"). In connection with the development of this master plan, there was a balanced emphasis on nature and human interaction with nature that provides a powerful platform for a much broader scope of educational programs, exhibits, demonstrations, research; the venue became more than a zoo, or a nature center where exhibitions are merely "show and tell," Clear Creek has the distinct advantage of presenting a broader message that centers on our history as well as our future opportunities as partners and stewards of our natural world; and WHEREAS, the mission of the Center has been to inspire environmental citizenship through an understanding of the natural heritage of North Central Texas; and the Center can help pave the way for improved natural resource conservation by all citizens who are moved to embrace a new or a renewed land ethic as a result of their experiences at the Center; and the Center will be developed using sustainable building practices and will serve as a learning center for environmental citizenship and sustainability in general; and the Center also has the 1 advantage of having the ability to teach about watershed protection, water quality, use of native plants for urban landscaping, habitat protection and restoration; the Center can also be a resource far the history and heritage of North Central Texas, recent farming and ranching practices, as well an opportunity, through adjacent property, to bring back an education component that is related to farming and ranching; and WHEREAS, the Council has had an opportunity to thoroughly read and review the proposed "Clear Creek Long Range Plan" ("Plan") which has been developed by city staff; and the Council is of the opinion that the Plan is well-taken and that the Plan clearly benefits the public as well as safeguarding the public welfare; and the Council is therefore of the opinion that this Resolution should be, in all things passed and approved by the Council; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City Council incorporates all provisions contained in the Preamble to this Resolution by reference herein, as a part of this Resolution. SECTION 2. The City Council adopts and endorses the "Clear Creek Long Range Plan" (which Plan is attached hereto as Exhibit "A" and is incorporated herewith by reference) and resolves that it intends to participate in implementing said Plan over the next five (5) fiscal years of the City (FY 2010-2011 through 2014-2015, inclusive). SECTION 3. This Resolution shall become effective imrnediately upon its passage. PASSED AND APPROVED this the �� day of August, 2010. ATTEST: JENNIFER WALTERS, CITY SECRETARY : APPROVED AS TO LEGAL FORM: A1vITA BURGESS, CTTY ATTORl� : � , A. B O S'; MAYOR EXI�IBIT A Clear Creek Natural Heritage Center Long Range Master Plan 2010-2015 2010-2011 • Increase Advertising for lecture series and nature hikes to increase visitor numbers • Include more lectures regarding sustainability and sustainable living (backyard composting, rainwater harvesting, and community gardens) • Begin prairie restoration experiment, work with junior high after school program • Complete trail maintenance and natural surface trail master plan • Continue partnership with Denton ISD, Introduce watershed model to 4`h grade classes as a precursor to water quality testing • Create 501C3 for Clear Creek to begin applying for grant funding for future facilities • Hold a fundraising Trail Run for National Trails Day (June 2011) • Continue to expand Texas Parks and Wildlife programs • Continue to establish appropriate contracts for maintenance and repairs 2011-2012 • Review Master Plan to determine implementation priorities and what could be pared down to make the project more manageable financially. • Apply for Grant Funding for Future facilities • Construct Nature Explore Classroom for Denton ISD kindergarten and advertise to local preschools to encourage increased awareness of area • Increase Sustainability training and education at Clear Creek • Install trails proposed through the natural surface trail master plan • Install bird blinds and offer more birding opportunities • Implement CIP funding for increased infrastructure at Clear Creek 2012-2013 • Create a part time position at Clear Creek to oversee day to day operations to allow Sustainability and Special Projects Coordinator to further pursue funding opportunities. • Develop a comprehensive marketing and advertising campaign to promote Clear Creek at both the local and regional level. • Budget for design of structure to act as gateway to the Clear Creek Natural Heritage Area • Construct trail for physically challenged students in partnership with Denton ISD. • Implement summer camp program for youth who do not typically experience nature programs 2013-2014 • Begin Construction of facility that will be sustainably built and serve as demonstration project for living sustainably. We will highlight alternative energy, alternative waste water treatment, composting, and aim for a zero waste facility. This facility should be a showplace and destination for conferences, private events, fundraisers etc. • Promote use of facility for sustainable growth conferences. • Continue to expand Denton ISD programs and offer new experiences to encourage return visits. 2014-2015 • Open first phase of sustainably constructed Clear Creek Natural Heritage Center and have full time position that can coordinate activities on site. s:Vegal\our documents�resolutions\101911 nominate member.doc RESOLUTION NO. R2010-029 A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECL�IRING AN EFFECTNE DATE. WHEREAS, the term of office of Harlan Jefferson, a member of the Board of Managers of the Denco 9-1-1 District, will expire on September 30, 2010; 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 Harlan Jefferson 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, 2010. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. W � PASSED AND APPROVED this the ��— day of , 2010. ' ' ' : '•' � 3�I�u�� . ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: l•t/ APP ED AS O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _. 1lcodad\departmentsUegallour documentslresolutions\101amtrak resolution.doc RESOLUTION NO. R2� 1 �-�3� A RESOLUTION OF THE CITY OF DENTON, TEXAS IN SUPPORT FOR THE HIGH- SPEED 1NTERCITY PASSENGER RAIL(HSIPR) PROGRAM PROJECT NOMINATION THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, RAIL DIVISION, AUTHORIZING THE TEXAS DEPARTMENT OF TRANSPORTATION TO SUBMIT AN APPLICATION TO RECEIVE FUNDING TO PERFORM PRELIMINARY ENGINEERING (PE) AND NATIONAL ENVIRONMENTAL PROTECTION ACT (NEPA) ACTIVITES FOR AN AMTRAK PASSENGER STATION STOP AT KRUM, TEXAS FOR THE BENEFIT OF THE CITIZENS OF DENTON AND DENTON COUNTY AND, IF THE GRANT IS APPROVED, TO FACILITATE INTERLOCAL AGREEMENTS WITH THE CITY OF KRUM AND DENTON COUNTY AND TAKE OTHER ACTIONS NECESSARY TO IMPLEMENT THE GRANT; AND PROVIDE AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, (City) wishes to improve the safety and efiiciency of the movement of people by train; and WHEREAS, the Amtralc Heartland Flyer passenger train corridor is a viable and important asset to the City, County, region and local businesses; and WHEREAS, the construction of a train station and stop along the Burlington Northern Santa Fe (BNSF) railroad corridor at Krum, Texas on the rail corridor between Fort Worth, Texas and Olclahoma City will accomplish the intention of the City; and � WHEREAS, the City anticipates funding for the Preliminary Engineering and National Environmental Protection Act study will be available through the Texas Department of Transportation's High-Speed Intercity Passenger Rail(HSIPR) Program Nomination Form; and WHEREAS, the City Council deems it in the public interest to support the HSIPR project application for the Amtrak Rail Passenger Station at Krum, Texas; 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 a letter on behalf of the City of Denton to support the Texas Department of Transportation (TxDOT) to malce application through the HSIPR for funding for Prelirninary Engineering and National Environmental Protection Act activities for malcing the necessary improvements to accomplish a new Amtralc Passenger Station Stop at Krum, TX on the BNSF railroad. SECTION 3. Should TxDOT approve funding for the Amtrak Passenger Station Stop through the HSIPR the City agrees to commit to staff support for the projec�s development and implementation. 11CODAD1DepanmentslLegell0ur pocumenlsV2ewlutlansU0lAmuak Resolulion.doc SECTION 4. The City Manager, or his designee, is the Cit�s authorized representative to worlc with TxDOT, Denton County and the City of Krum to assist with any assurances, conditions, or agreements required to be executed, to take all actions required to support TxDOT to advance the proposed project. SECTION 5. This Resolution shall become effective immediately upon its passage and approvaL � PASSED AND APPROVED this the s� ATTEST: JENNIF'ER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 day of , 2010. � M A. BU G, A OR 1lcodadldepartmentsllegallour documentslresolutions1101b1ues festival alcohol sell.doc xESOLUTioN Nb. R2010-03�1 A RESOLUTION ALLOWING THE BLACK CHAMBER OF COMMERCE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE BLUES FESTIVAL SEPTEMBER 18-19, 2010, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT 1N 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 Qualcertown Parlc 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 Blacic Chamber of Commerce (called "Chamber") has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Blues Festival September 18-19, 2010; and WI�REAS, the Paxlcs, 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 the Blues Festival conditions: 1. 2. 3. 4. Chamber shall be the sole participant allowed to sell alcoholic beverages at September 18-19, 2010 at the Quakertown Parlc upon the following They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; They shall provide the security necessary for the sale of alcoholic beverages; 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; 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. 1lcodadldepartments\legallour documents�resolutions\10\blues festival alcohol sell.doc SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �� day of (�(,,�/,l�(i , 2010. GHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY i � , � �/ - ,��/ . , , , Page 2 of 2 Ilcodad\departmentsUegallour documentslcontracts1101bEues festival alcohd contract.doc QUAKEIZTOWN PARK AGREEMENT FOR T�-IE BLUES FESTIVAL STATE OF TEXAS COUNTY OF DENTQN § � Thfs Agreement, made thts �% ` day of �� , 2Q10, by and between the City of Denton, a municipal corporation, hereinafter ref ed ta as the "CXTY" and the Black Chamber of Coinmerce, (called "CHAMBER"). WTTNESSETH, that in cansideration o� the covenants az�.d agree�nents hexein contained, the parties hereto do mutually agree as follows: ARTICLE 1 G�N�l�2 AT, The City grants to CHAlVTBER the exclusive privilege to distribute/sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, fox the Blues Festival Septemberl8-19, 2010 to be held at Quakertown Park. This privilege does not extend beyond the date of the Blues Festiva.l for the year 2010. ARTICLE 2 SCOPE OF SERVICES CHAMSER in order to exercise ihe privilege to distrribute/sell alcoholic beverages must perfarm the following: A. CHAMBER sha11 be solely responsible for the rental and payment %r any booth space necessary for the distribution/sale of alcoholic beverages at tlie Blues Festival. B. CHAMBER shall be solely responsible to obtazn any temporary license and �ermit necessary for the distributipri/sale of alcoholic beverages at the Slues Festival. C. CHAMBER sha11 be solely responsible for the obtaining and paying for any security necessary for theix distrzbution/sale of alcohoiic beverages at the Blues Festival. CHAMBER'S iailure to do any of the above and to show proper proof of compliaiice sha11 waive their right to exercise the privxlege o£ distributing/selling aicoholic beverages at the Blues Festival. ARTTCLE 3 LOCAL RULES AND REGULATION CHAMBER agrees fio abzde by all niunicipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Quakertowxk �'ark Rules and Regulations, to obiain all necessary and proper licenses, perrnits and authorizations, and to comply �ith the requirements of any duly authorized person acting in connectian therewith. CHAMBER shall pay alI ta��es, �f any, of every nature and descripiion arising out of or in any manner con�ected with the distribution/sale of alcoholic beverages. C�-IAMBER will e�excise reasonable care and due diligence in their distributioi�/sale of alcoholic beverages at the Blues �estival. ARTICLE 4 INDEMNTT'Y AGREEMENT CHAMBER shall i�demnify and save and hold harmless the CITY and its officers, agents, and employees from and against any a.nd all liability, claims, demands, losses, and expenses, including but not limiied to, court costs and reasonable attorne� fees incut�red by the CITY, and including, without limitation, damages far bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of CHAMBER or its officers, s�.arehalders, agents, or ernployees in the executior�, apezaizon, or perFormance of tlus Agreement. Notlaing in this Agreement shall be construed to create a liability to any person who is noi a party to this Agreement, and nothing herein shall waive any of the parties' defenses, botli ai law or equity, to any claim, cause of action, or litigation filed by anyone not a party to tnis Agxeement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURA NCE During the performance of the Agxeexxaent, CHAMBER sha11 maintain t1;e following insurance with an instuance company licensed to do business in the State of Texas by the State Inswrance Con:�mzssiox� or an.y successor agency that has a rating with Best Rate Carriers of at least an A- or above; A. Comprehensive Greneral �,iability Insurance with bodily injury limits of not Iess than $540,000 far each occurrence and not less than $SOQ,000 in the aggregate, and with property damage limits of not less that $100,040 for each occurrence and not less xhan $ � 00,000 in the aggregate. B. Liquor/Dram Shop Liabiliiy in ihe amouni of $250,000 p�r occurrence for an� event occurring on Ciiy-awned property where alcohol will be provided or served. Blues Festiva! — Page 2 C. CHAMBER shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The inst�rance policies shall narne the CITY as an additional insuxed on all such policies, and sha11 contain a provision that such instuance shall not be canceled or modified without written notice to the CZTY and CHAMBER, In such event, CHAMBER sha11, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICE5 All notices, cox�munications, and reports xequired or permitted under this Agreement sha11 be personally delivered ox mailed to the respective parties by depositing same in the United States rnail to the address shown below, certified rnai1, retuz-� receipt requested, unless othexwise specified herein. Mailed notices shall he deezz�ed co�rununicaied as of three (3) days' mailing: To CHAMBER: Black Chamber o£ Coznmerce T�erry Goree, Chairrnan P.O. Box 51026 Denton, TX 762Q6 To CITY: CITY 4F DENTON: Ciiy Manager 215 E. McKinney Denton, Texas 76201 All notices sha11 be deemed effeciive upon receipt by the party to -whom such notzce is given, ox within three (3) days' �nailing. ARTICLE 7 ENTIRE AGREEMENT This Agreernent, consisting of five (5) pages and (1) exhibits, constitutes the complete and final e�pression of the agreement of the parties, an.d is intended as a complete and exclnsive statement of the terms af their agreements, a�d sttpersedes aIl prior conter�.poraneous offers, proinises, repxesentations, liegotiations, discussions, comnlunications, and agreements which may have been nlade in connection wxth the subject matter hereof ARTICLE 8 SEVERABILITY If any provision of this Agreernent is found or deemed by a couxt of cornpetent jurisdiction to be invaJid or unenforceable, it shall be considered severable from the remainder of tliis Agreement and shall nat cause the re��ainder to be invalid or �.tnenforceable. In such event, the parties shall reforrn this Agreement to replace such stricl�en provision with a valid and enforceable provision which coxn.es as close as possible to e�pressing the intention of the stricken provision. Blues Festival — Page 3 ARTICLE 9 DTSCRIMINATION PROHIBITED In performing the se�rvices required hereunder, CHAMBER shall not discriminate agaanst any person on the basis of race, colar, religion, sex, natzonal origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL CHAMBER represents that it lias or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel sha11 not be enc�ployees or officers of, or ha�ve any contractual relations with the C�TY. ART�CLE l.1 ASSIGNABILITY CHAMBER sball not assign any interest in this Agreement, and shall not transfer any interest in this Agreemeiit (wheiher by assignment, novation, ox othexwise) without the prior w�rit�en consent of the CITY. ARTICY.E 12 MODIFICATTON No waiver or modification of tliis Agreement or of any covenant, condition, or limitaiian herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of ar�y 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 modif cation is in writing and duly executed; and ihe parties further agree that tize provisions of this section will not be waived unless as set forth h�rein. ,A�tTICLE 13 MISCELLANEOUS A. The following e�i its are attached to and rnade a part of this Agreement: E�ibit "A" Resolution No. �D`,D �� J . B. C. Venue of any suit or cause oi action undex tlxis Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. The captions of this Agreement are for informaiional ptuposes only, and shail not in any way affect the substanti�ve terms or conditions of this Agreenient. Blues Festival — Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CHAMBER. has executed tllis Agre �ment through its duly authorized undersigned officer on this tk�e �� day of , 2010. CITY OF DENTON, TEXAS GE RGE C. CAMPBELL, CITY MANAGER ATTEST: JEN�TIFER WALTERS, CITY SECRETARY BY: u APPRO'VED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: BLACK CHAMBER OF COIV�.VIERCE BY: Y GO E, CHAIRMAN WI"I`NESS: :_ Blues Festival — Page 5 1lcodadldepartmentsllegallour documentslresolutions1101b EX H I B IT A RESOLUTION Nb. �� 10-�3'1 A RESOLUTION ALLOWING THE BLACK CHAMBER OF COMMERCE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE BLUES FESTIVAL SEPTEMBER 18-19, 2010, 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. VirI�REAS, the City of Denton ("City") is the owner of the Quakertown Park; and WHEREAS, the consurnption 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 a.lcoholic beverages at this year's Blues Festival September 18-19, 2010; 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 the Blues Festival conditions: 1. 2. 3. 4. Chaxnber shall be the sole participant allowed to sell alcoholic beverages at September 18-19, 2010 at the Quakertown Park upon the following They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; They shall provide the security necessary for the sale of alcoholic beverages; 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; 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. UcodadldepartmentsUegallour documentslresolutions1101b1ues festival alcohol sell.doc SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED t�is the `�/ �� day of �„�(�,��ii __ , 2010. ATTEST: JENNIFER WALTERS, CITY SECRETARY ` BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2 GHS, MAYOR s:\legallour documentslresolutions\101si10-0001 resolution.doc RESOLUTION NO. R2010-032 A RESOLUTION ACCEPTING THE RECOMMENDATIONS, IMPLEMENTATION STRATEGIES AND METHODOLOGIES PROPOSED 1N THE DOWNTOWN IMPLEMENTATION PLAN FOR THE DOWNTOWN AREA, GENERALLY LOCATED SOUTH OF PARKWAY AND WITHERS STREETS, NORTH OF SYCAMORE STREET, EAST OF CARROLL BOULEVARD, AND WEST OF FRAME AND EXPOSITION STREETS; AND PROVIDING AN EFFECTNE DATE. (SI10-0001) WHEREAS, on December 7, 1999, the City of Denton adopted the Denton Plan; and WHEREAS, the Denton Plan sets a frameworlc for planning and strategy development for the entire City of Denton, anticipating that a future small area plan will eventually supplement and be a part of the Denton Plan with more detail necessary to guide everyday community development decisions; and WHEREAS, through a public involvement process with residents, business owners and other area stakeholders, a frameworlc of recommendations and strategies on Land Use; Parking; Parlcs, Recreation, and Open Space; Architecture Design; and Linlcages/Street has been formulated to assist with future community development decisions for the Downtown area; and WHEREAS, the City Council finds that the fnds that the recommendations, implementation strategies and methodologies proposed within the Downtown Implementation Plan are consistent with the best interests of the health, safety and general welfare of the citizens of the City of Denton, Texas; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this resolution are incorporated herein by reference as true. SECTION 2. The Downtown Implementation Plan planning area is identified as the area bounded generally by Carroll Boulevard to the west, Frame and Exposition Streets to the east, Parkway and Withers Streets to the north, and Sycamore Street to the south. SECTION 3. The Denton City Council hereby accepts the recommendations, implementation strategies and methodologies proposed in the Downtown Implementation Plan as presented in Exhibit "A", attached hereto and incorporated herein by reference, and encourages further progress toward a plan amendment incorporating these concepts into future code and comprehensive plan amendments for the Downtown Area. SECTION 4. This resolution shall become effective immediately upon its passage and approval. � PASSED AND APPROVED this the � day of ATTEST: JENNIFER WALTERS, CITY SECRETARY I� APPROVED AS TO LEGAL FORM: EXHIBIT A Draft Developmeiit Iniplementation Plan 1'. {;' . � � a� Downtown Implementation Plan ��'�`� - Downtown Implementation Plan form based code . 4 V �Park •... V � P.,�.�s� � � Mixed Use � ' � � � � �,_. � � f �m � ,...�� n � Residential � � _ _ Neighborhood r--r :e�d Use�; - ..- ;4"9 � � � p streets com ete I M � � .�. �.i� .� � � % - `� L� .. � 3 � / �,� � � _ / � � Mixed Use � � �� °� � „moa � , . - � • `CY' �� y-y� �., { ��I I II �uakertown CJ va�� i ��L_ I Perk �I�I /% r /' � 1 ��_, -.��'-P,� ;% '�i . rtrTonFu[vre `�- ForAll � � a king G�rage o� rlung Lo� I i � mharetl P� In§^LO� �iakertov�n�Perk %/ C� ,;; � ,� ]� �I� I ;� �I' _—�(r� I� I Z r� � f r Fulure � I � , � ❑ I-J IJ � �� Gataqe_n[, .� � � �� f Sh�r d(�arking Lo�� r / i� � '% �� 1w�'�` -�� -% � '' � � F��!�,�� '�' �"'i � I ' � ara9a r �� I — � � � „ $�� — rk n� \a ' I ,( � "� �.:/3� — �� f� \aa i � /� � � �� I�k sustainability • future land use � _� � � � � � � � � � �� Q� i � i// � I� I � I I Q � � � � I �c � 1 II • � City Council Approval Date: 17 August 2010 J/�COBS TO�X�NSCAPE Bo�vman-Melton RCLCO A specia/ thanks to all of the many Denton citizens, business /eaders and students that participated in this successful plan for powntown Denton. Thank you! CITY OF DENTON : 1�,�� _ / Acknowledgements The Residents and Students of Denton Mark Burroughs Pete Kamp Charyle Heggins Dalton Gregory Jim Engelbrecht Chris Watts James King Joe Mulroy Walter Eagleton Jay Thomas Patrice Lyke Jean Schaake John Ryan Brian Bentley Thom Reece Marty Rivers Peggy Capps Margaret Chalfant Martin Howard Karen Dickson Hank Dickenson Matt Gaston Luke Grizzaffi Shirley Hensley Herbert Holl Greg Johnson Dale Kimble Robert Milnes Bob Moses Alex Payne Kim Phillips Steve Plunkette Todd Price Carrell Ann Simmons Jay Thomas Kyle Voyles Mayor Mayor Pro Tem District 1 District 2 District 3 District 4 At Large Place 6 Past Council Member Chair Vice-Chair Chair \ � •.��' '-:� � __ Core Project Team Fred Greene Brian Lockley, AICP Ron Menguita, AICP Linda Ratliff Mark Nelson Emerson Vorel Julie Glover � Assistant City Manager Development ReviewAdministrator Development Review Liaison Director - Economic Development Director - Transportation Director - Parks and Recreation Program Administrator - Economic Development Special Thanks City Manager's Office Denton Municipal Electric Economic Development Department Finance Department Fire Department TxDOT Park and Recreation Department Planning and Development Department Solid Waste and Recycling Department Streets and Traffic Control Department Water Utilities Department Utility and CIP Engineering Department Denton County Transportation Authority (DCTA) North Central Council of Governments (NCTCOG) Jacobs Rick Leisner, AICP Alexis Massaro, AICP Brad Moulton, ASLA Jeremy Wyndham, PE Mike McAnelly, FAICP Noelle Flocke, ASLA John McCarthy, AICP Jake Baker Townscape Dennis Wilson, FAICP Jim Richards, ASLA Robert Charles Lesser Co. Todd LaRue Chris Volney Bowman-Melton Bud Melton Susan Justus Project Director Project Planner Project Landscape Architect Form Based Code - Director : 1�,�� _ / Acknowledgements ............................................................................. 4 Tabelof Contents .................................................................................g Ex. Executive Summary ....................................................................9 1. Introduction ....................................................................................13 A. Purpose of the Plan ............................................................ 16 B. Context ................................................................................17 C. Influences on Downtown .....................................................19 2. Public Involvement ........................................................................21 A. Downtown Task Force .........................................................22 B. Stakeholder Interviews ........................................................23 C. On-line Survey .....................................................................24 D. Public Meetings .................................................................. 24 E. Additional Outreach .............................................................28 3. Existing Condition Assessments .................................................29 A. I ntroduction ......................................................................... 30 B. Land UseAssessment .........................................................31 C. Parking Assessment ............................................................34 D. Parks, Recreation, and Open Space Assessment ..............37 E. Streets and Linkages Assessment ......................................40 F. Solid Waste Assessment ......................................................43 G. Architectural Guidelines Assessment ..................................48 4. Downtown Recommendations - Land Based ............................. 49 A. Form Based Code (Future Land Use) .................................50 B. Parks, Recreation, and Open Space .................................. 54 Quakertown Park ................................................................ 56 C. Architectural Design Guidelines ..........................................64 TODOverview .....................................................................71 5. Downtown Recommendations - Infrastructure Based ...............73 A. Streets and Linkages ...........................................................74 B. Bicycle Mobility ....................................................................88 C. Parking ................................................................................98 D. Solid Waste .........................................................................108 6. Implementation Strategy ...............................................................115 A. Relationships ...................................................................... 116 B. Organizational Structure ......................................................118 D. Funding Mechanisms and Development Incentives........... 120 E. Implementation Strategy ......................................................124 � �' � �°.�� t � �� , , � �"I*��mtr,; -- �� =,, .,. _ .�.:r� :,�� a. Appedix A. Bibliography ....................................................................................... 130 B. Case Studies ......................................................................................131 C. Stakeholder Survey ........................................................................... 138 D. DTIP Website .................................................................................... 143 E. News Articles ..................................................................................... 144 Executive Summary EX.O - Catalyst Project Recomendations - Phase One ..........................13 EX.1 - Short Term Priority Recommendations - Phase Two ...................14 EX.2 - Medium Term Priority Recommendations ....................................14 1. Introduction 1.0 - Regiona/ Area Map ........................................................................16 1.1 - Study Area Map .............................................................................16 1.2 - DCTA Station Rendering ................................................................18 1.3 - North Texas DailyArticle ................................................................19 1.4 - Dallas Morning News Article ..........................................................19 1.5 - Downtown Location Map ................................................................20 2. Public Incolvement 2.0 - DT/P Logo ..................................................................................... 28 3. Existing Condition Assessments 3.0 - Existing Land Use Map ................................................................. 31 3.1 - Land Use Summary ........................................................................33 3.2 - Parking Assessment Map .............................................................. 34 3.3 - Parking Assessment ...................................................................... 36 3.4 - Parks, Recreation, & Open Space Map ........................................ 37 3.5 - Existing Streets Map ..................................................................... 40 3.6 - Denton Mobility Roadway P/an ...................................................... 42 3. 7- Solid Waste Map ............................................................................43 4. Downtown Recomendations - Land Based 4.0 - Framework P/an ............................................................................ 50 4.1 - B/ock Face Example ...................................................................... 52 4.2 - Building Form ................................................................................. 53 4.3 - Parks and Open Space P/an ......................................................... 54 4.4 - Quakertown Park Concept P/an .................................................... 56 4.5 - Elevation Defining Correct Use of Elements .................................. 67 4. 6- Elevation Defining Correct Use of Elements .................................. 68 4. 7- LEED Certification Symbol ............................................................. 69 4. 8 -TOD Districts ....................................................................................70 4.9 -TOD Future Land Use Concept .......................................................70 5. Downtown Recomendations - Infrastructure Based 5.0 - Downtown Streets .......................................................................... 74 5.1 - Urban Transect ...............................................................................75 5.2 - Downtown Street One - Hickory Street (East of Square) ............... 76 � : 1�,�� _ / 5.3 - 3-D Perspectives of Hickory Street ............................................................. 77 5.4 - Downtown Street Two - Locust and Elm ....................................:................ �$ 5.5 - Downtown Street Three - Hickory and Oak (West of the Square) ............... 79 5. 6- Downtown Street Four - Oak (East of the Square) ...................................... 80 5.7 - Downtown Street Five - Sycamore .............................................................. $� 5.8 - Downtown Street Six - Mulberry ................................................................... 82 5.9 - Downtown Street Seven - Mews Streets ..................................................... 83 5.10 - Downtown Street Eight - Alley Streets ....................................................... 84 5.11 - Downtown Street Nine - Regiona/ Streets ................................................. 85 5.12 - Mews Street Concept P/an ........................................................................ 86 5.13 - Mews Streets Prototype Trash and Delivery .............................................. 87 5.14 - Existing Street Hierarchy ............................................................................ 87 5.15 - Bicycle Mobility P/an .................................................................................. 88 5.16 - Traffic Accident Locations .......................................................................... 90 5.17 - Bike Lane Signs ........................................................................................ 92 5.18 - Shared Lane Marking ................................................................................ 93 5.19 - Bicycles May Use Full Lane Sign .............................................................. 93 5.20 - Other Signs ............................................................................................... 94 5.21 - Bike Route Signs ....................................................................................... 94 5.22 - Hickory and Other powntown Streets ....................................................... 94 5.23 - Parking Strategy ........................................................................................ 98 5.24 - Parking Calculations for New Deve/opment .............................................. 100 5.25 - Parking Calcuations for Existing Deve/opment .......................................... 101 5.26 - Wayfinding Signage ...................................................................................103 5.27 - Solid Waste Strategy .................................................................................. 108 6. Implementation Strategy 6.0 - Concept/Strategy/Implementation Re/ationships ...................................... 6.1 - Financia/ Characteristics of Downtown ..................................................... 6.2 - Recommended Funding Mechanisms and Deve/opment Incentives........ 6.3 - Additiona/ Supporting Too/s ...................................................................... 6.4 - Non Desirable Too/s ................................................................................. 6.5 - DT/P Implementation Strategy .................................................................. 6.6 - DT/P Implementation Strategy .................................................................. 6. 7- Cost Analysis - Prototypica/ Parking Garage ............................................ ��116 ��117 ��121 ..122 �� 123 ��124 ��125 ��127 �' � � , °�� 1 � �� ' �, �==-a � � �*��mtr, ��,� - .�L . ��' �� 7 I�ist �i� �'hotogr� 1. Introduction 1.0 - Denton Courthouse ..........................................................17 1.1 - DCTA A-Train ...................................................................18 2. Public Involvement 2.0 - Task Force Meeting .......................................................... 22 2.1 - Participants at Public Meeting .......................................... 23 2.2 - Public Meeting #1 ............................................................ 24 2.3 - Public Meeting # 2 ........................................................... 25 2.4 - Public Meeting # 2 ........................................................... 26 2.4 - Public Meeting # 2 ........................................................... 27 3. Existing Condition Assessments 3.0 - Parking Conditions in Downtown ..................................... 35 3.1 - Downtown Denton Openspace ........................................ 39 3.2 - Downtown McKinney, Texas ............................................ 45 3.3 - Downtown Rockwall, Texas .............................................. 45 3.4 - Solid Waste Remova/ Options .......................................... 47 3.5 - Orgina/ Opera House ....................................................... 48 3. 6- Downtown Square ........................................................... 48 3.7 - Downtown Circa 1940's ................................................... 48 4. Downtown Recommendations - Land Based 4.0 - Active Community ............................................................. 51 4.1 - Retail at Grade ................................................................. 52 4.2 - Residentia/ at Grade ........................................................ 52 4.3 - Bicycle Accommodation ................................................... 53 4.4 - Open Space ..................................................................... 55 4.5 - Jazz Fest ......................................................................... 55 4. 6 - Lakefront .. .... . ... . ... . .... .......... .... . ... . . .. . .... .......... .... . ... . . .. . . ... .. 59 4. 7 - Library ............................................................................... 59 4.8 - Garden/Performance ........................................................ 60 4.9 - Park and Perimeter Edge ................................................ 60 4.10 - Pavilion/Performance ..................................................... 61 4.11 - Passive ........................................................................... 61 4.12 - Amphitheater/Performance ............................................ 62 4.13 - Civic Edge ...................................................................... 63 4.14 - Contributing Architecture in Downtown .......................... 64 4.15 - Contributing Architecture in Downtown .......................... 65 4.16 - Contributing Architecture for powntown ......................... 66 4.17 - Non-Contributing Architecture Facades in Downtown... 70 5. Downtown Recommendations - Infrastructure Based 5.0 - Hickory Street .................................................................. 95 5.1 - Hickory Street at Denton Branch Trail ............................. 95 5.2 - Sycamore at Denton Branch Rail Trail ............................. 95 : 1�,�� _ / 5.3 - Sycamore at Bell Avenue ................................................ 95 5.4 - Example of HAWK Signal ................................................ 96 5.5 - Wayfinding Signage - North Texas Examples ..................103 5. 6- Solid Waste Management ................................................109 5. 7- Front Load Container and Truck ......................................110 5. 8- Side Load Container and Truck ....................................... 111 5.9 - Recycle Materia/ Container ..............................................112 5.10 - Trash Container Screen .................................................112 5.11 - Solid Waste Strategy E/ements ..................................... 113 �,.,_ ` �' ¢ `, �w- . �'.. � �; ,, � � / �-, � �J � �\ . / � . c�... �_. � �� _ 1 - _ Executive Summary 1"r�,...., '"'_.�'r-_ e� .g�� •� �..'-r--- �� P� '�;; �►r:.,:; r� iy�, � e��s.k �-,,, i.°��, �i f . ��.e '..� • '_� . ... - ,_. �-: : . ..._..:e..�A! I � .. � � � � —,,..i ..:. . Downtown Denton is the cultural, social, and historic center for Denton, the heart of the community. Denton prepared and adopted the Denton Downtown Master Plan in 2002, which balances a desire to encourage development with an interest to ensure that proper design practices are employed. The purpose of this Downtown Implementation Plan (DTIP) is to achieve the 2002 Master Plan goals for downtown and to provide the implementation strategy roadmap to guide and coordinate public and private investments while increasing economic development downtown. /� !�f I � �� . � r �, ( ``�/_ � : 1�,�� _ / The DTIP was carefully coordinated with Denton city staff, and it was prepared with extensive community en- gagement so that the document reflects the values and preferences of the public. The Downtown Task Force guided the DTIP's development; numerous stakeholder meetings were held; on-line surveys were conducted, plus project entries were included and updated on the city's website; and two public meetings were held with open-house sessions, formal presentations, and ques- tionnaires. In addition, a project logo was developed and used extensively, multiple city press releases were issued on the project, and two Denton Economic De- velopment Downtown newsletter articles featured the DTI P project. The DTIP addresses the approximately 155-acre "Downtown Core" area, which is bounded by With- ers Street on the north, Exposition Street on the east, Sycamore Street on the south, and Carroll Boulevard on the west. The 2010 existing conditions in this study area were inventoried and analyzed to develop the DTIP's implementation recommendations. The fol- lowing topics were addressed: land use; parks and open space; architectural design; streets and linkages; bicycle mobility; parking; and solid waste. The designs included are offered as a concept reflect- ing established standards. Of note, these street proto- type cross sections were established without the aid of survey controlled information. The concepts presented will need to be modified during the design phase to include specific details regarding: utilities, building property lines, street right-of-way's, buildings prior to redevelopment and other site specific items. Addition- ally, some segments of existing street right-of-way's may not be able to accommodate the proposed rec- ommendations. This may require securing additional right-of-way property or as noted, a modified design configuration. This document's implementation strategy builds a framework for strategic investment and provides short- and medium-term action items that city decision- makers can execute in a tactical way. The implementa- tion strategy identifies and evaluates potential funding mechanisms and development incentives; and it details a prioritized step-by-step implementation strategy. Case study references for transit-oriented development (TOD) projects in Plano and Dallas show how down- town development can be achieved in Denton using the right tools and incentives to capitalize on upcom- - � [�` �4 iv, i� � ��- . ., i+, �� `t� `a jj.�„ K '� . i t I 6 �1" �� ; ^ � �P'��r, �� I � � ■ ..-:sa�+►� .._�... -. . TIMING Short Term Medium Term � ExECUTIVE ing downtown transit investment. This implementation strategy is intended as a guide, rather than a controlling mechanism, because downtown is a dynamic, urban environment and part of a larger whole. RECOMMENDATIONS Create TIF District (Tax Increment Finance District) Pursue NCTCOG Sustainable Development funding and grants � Formally adopt FBC (Form Based Code) Create and implement wayfinding signage network for parking Screen all trash containers in the Square District Create DDC (Downtown Development Corporation) Create DPMA (Downtown Parking Management Authority) i Implement Hickory Street "Grand Street" project � Enlarge existing public parking lots Catalyst Project Recommendations - Phase One Exhibit EX.O Catalyst Projects Summary Exhibit EX.O lists catalyst projects, which are recommended as the highest implementation priorities for downtown Denton, as these activities provide the necessary implementation tools to stimulate downtown economic development and to realize the downtown master plan. These first steps, which Denton should complete expeditiously (within the next three years) are listed in the table below. TIF District One of the most important of the above catalyst recom- mendations is to create the TIF district as this tool will provide the funding to build new downtown infrastruc- ture and give the private sector incentives to invest in downtown. A TIF assigns future taxes from proposed development, which would not accrue but for that development, to infrastructure, land costs, and related improvements needed to accomplish the development. TIF is locally initiated and administered, does not count against a municipality's debt limit, and does not raise residents' taxes. This tool is an especially important funding mechanism for downtown Denton. Short Term - Phase Two Projects UMMARY Summary Exhibit EX.1 lists additional short-term recom- mendations that Denton should work to complete over the next five years. COST n/a n/a n/a $125 k $600 k n/a n/a $4.1 m TBD : 1�,�� _ / ELEMENTS Land Use Architectural Design Streets and Linkages RECOMMENDATIONS Formally adopt DTIP Establish a new zoning district in the Denton Development Code titled "Down- town District" Formally adopt DTIP, which defines quality, place, and environmental design elements Follow tri-partite architectural proportions Adopt DTIP street standards for downtown Implement early-action street and mobility items Bicycle Mobility Adopt DTIP bicycle standards for downtown Parking Increase on-street parking Solid Waste Establish cash-in-lieu-of-spaces parking program Early-action parking projects Conduct pilot program Implement preferred plan (location, type, and pricing for solid waste removal) ShoK Term Priority Recommendations - Phase Two Exhibit EX.1 Medium Term - Priority Projects Summary Exhibit 3 lists additional medium-term prior- ity recommendations that should be completed within the next five years. These priorities include: creating a series improvements for downtown which will leverage additional growth and redevelopment. Downtown Denton has great potential to grow and be- ELEMENTS Parks and Open Space Architectural Design Streets and Linkages Bicycle Mobility Parking Solid Waste RECOMMENDATIONS Create a series of urban spaces: pocket parks, neighborhood parks, and wide pedestrian sidewalks Create public music and fine arts venues Implement Quakertown Park Master Plan Establish LEED rating goal for all new development Modify city mobility plan to include downtown street standards Implement Mews Streets program for parking, safety, and solid waste removal Implement bicycle lanes on Sycamore Street for access to the proposed DCTA transit center Conduct traffic studies for specific intersection designs (involve TxDOT) � Implement bicycle signage program downtown (shared and designated bike lanes) Incorporate DTIP bicycle standards into city of Denton systems and standards Establish shared-parking program Establish a broad downtown waste recycling program Create a downtown recycling center Medium Term Priority Recommendations Exhibit EX.3 come an even more dynamic place to live, work, and play. This plan provides the guide to achieve that future for downtown Denton. � sr`; rt .,� $:; �' I�-- � � J � ��" � . 6�.�..�_�. Introduction � ��^ � � "I i f �� .c'.Y� ��t,:.,�_ L�'- Downtown is the cultural, social, and historic center for Denton. Its unique identity should be preserved and given every opportunity to flourish. This document provides recommendations for Denton's leaders to use in maximizing downtown Denton's economic development opportunities and increasing the quality of life downtown can provide. It is based on future growth trends and stakeholder interests. This chapter discusses the purpose for preparing the plan, sets the project context, highlights key transit influences on downtown, and calls for reaching downtown's future potential. �.�ti��z . �-r � we� �w� � �� - '�-.�,=�,: y.a.' 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'�^ s--, �, � �_� ��° = '� ' = � ..�r� .�. � � �� . �"'�"�e` d �r+ ,'.'�, �.� a - ` ' ,� �-� -- � �. t` _�L'1 . . r.< t � g � . ,,,�, ..� �• � -' - r. � _, � � �� i. �� .% � w �� '� �� ri _.�� f�� /� �/ ,��F• r _ � � � � ..ar��_ - R�: ��,`�� . � �� i i'� �� a � .<s�,,= . �� Xt�' , S{�. �` � �"'� .°�... .. . ".�, �, " ' ' s� �� . : 1�,�� _ / FORT WORTH DALLAS Regiona/ Area Map Exhibit 1.0 The purpose for creating the Downtown Implementation Plan (DTIP) for Denton is to develop a set of physical plans and detailed recommendations to increase economic development in downtown Denton. The DTIP defines specific action items to be taken to implement the recommendations, and it establishes strategies for when and how these action items should be implemented. 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It will facilitate a coordinated effort among the city, business owners, and residents to achieve downtown's potential. The DTIP project study area encompasses approximately 155 acres, which corresponds with the "Downtown Core" area identified in the Downtown Master Plan. The study area is generally bounded by: Withers Street to the north, Exposition Street to the east, Sycamore Street to the south, and Carroll Boulevard to the west. This area includes the site of the proposed Denton County Transportation Authority (DCTA) transit center. Exhibit 1.1 illustrates the project study area with an aerial photographic base with key streets labeled. The downtown core area functions as a true downtown area, serving as a centerpiece for the city. The DTI P was prepared over an eight-month period, beginning in October 2009, and was completed in August 2010. Stakeholders, business owners, city officials, and residents contributed to the DTIP process. Their contributions have helped to achieve a flexible vision and market-based framework for new downtown development. Denton, Texas is the 11th largest city in the Dallas/ Fort Worth metroplex. It is located at the northern apex of a triangle formed between Fort Worth and Dallas illustrated in Figure 1.0. Denton is the county seat of Denton County; it was established in 1857. Both the county and city are named for John B. Denton, a preacher and a lawyer. One of Denton's most enduring symbols is the beautiful and historic County Courthouse on the downtown square. The building was erected in 1896 using Texas limestone and it was restored in 1987. Today, the Courthouse and associated square remain emblematic icons for the Denton community. Denton has both small-town charm and big-city arts, culture, education, and entertainment. Denton is home to two state universities, which diversify Denton's population: the University of North Texas and Texas Woman's University. HAPTER � Denton Courthouse Photograph 1.0 "Over time, Texas Main Street communities have realized more than $2 billion in economic reinvestrnent, the creation of almost 25,000 local jobs and the expansion or creation of almost 6,400 businesses in their Main SU�eet districts." Texas Historical Commission : 1�,�� _ / DCTA Station Rendering Exhibit 1.2 �� DCTA A-Train Photograph 1.1 Downtown Denton, like many other downtowns nationwide, declined in the 1950s and 60s. However, downtown Denton has reversed that trend in the last 20 years. Several factors have contributed to new growth in downtowns, including the activities of baby-boomer and empty-nester populations. Additionally, growing community pride and appreciation in a community's history have led to healthier and more active downtowns. A vibrant downtown boosts the economy and quality of life in a community. Denton's city leaders recognized the importance of revitalizing and supporting downtown early on. Denton became a Texas Main Street city in 1990, and is one of 86 such cities located in Texas at present. The Texas Main Street program began in 1981, providing a lifeline for aging downtowns. The program provides support and training for downtown revitalization. In 2002, The City adopted the Denton Downtown Master Plan. Its primary focus is to provide a balance between encouraging development, including exploring partnership opportunities with private investors, and simultaneously ensuring that proper design practices are employed. The master plan includes the following eight goals for the future of downtown. Downtown Denton should: • be a vital part of Denton's economy; • be a source of civic pride; • be a place to live, work and play; • contain compact and concentrated activities; • contain a variety of things to do; • be pedestrian friendly and an enjoyable place to walk; • have linked parks and open spaces; • be attractive and well designed. This DTIP is designed to achieve the 2002 master plan goals for downtown. The implementation strategies will guide and coordinate public and private investments, and will steer the location and types of future improvements. \ � •.��' '-:� � __ Denton will become the terminus for the DCTA transit rail line in 2011. The `A-train' rail line will link Denton with passenger rail service to the city of Carrollton, where riders can transfer to the Dallas Area Rapid Transit (DART) system and continue into the Dallas/ Fort Worth metroplex. Two transit stations will be built in Denton, one of which will be located downtown, within a half mile of the Denton Courthouse Square. Denton's leaders recognize the development potential of this important new transit linkage therefore, it is addressed in the DTIP. Transit Oriented Development (TOD) is a compact, walkable, pedestrian-friendly development focused around a transit station; it provides an attractive alternative to automobile-dominated lifestyles. The Dallas Morning News recently noted the potential of TOD in a January 11, 2008 article, titled "The TOD trend." The article emphasizes the higher quality of life and higher property values associated with TOD developments. The author also notes that investing in transit has double the economic benefit to a city of a similar-valued highway investment. Dallas has invested millions of dollars in TOD development over the last few years, and Denton may be expected to follow a similar pattern. The North Texas Dailv, the University of North Texas student newspaper, reported on DCTA's growing ridership in an April 16, 2010 acticle, titled "Denton public transportation hits record high." DCTA has experienced record ridership over the last two years and a broader ridership mix, including both students and commuters. Most riders are coming to Denton from Carrollton, Lewisville, and downtown Dallas. This ridership is expected to increase once the `A-train' arrives in Denton. Downtown - "The Real Deal" The City Council has consistently identified downtown as a high economic development priority. Downtown provides residents a strong sense of place, and has been referred to as "Denton's living room." Downtown is home to more than 800 businesses and has been the business hub of the city for more than 150 years. In addition, it is rapidly becoming a destination as an arts and entertainment district. Denton has been featured in the New York Times as a"hotbed of alternative music" (May 11, 2008). Downtown hosts more than a quarter HAPTER �' North Texas Dailv,,:,,`:� Denton public transportation hits record high „ � k. ► � � _ � �� ...: �.,. ... _ �. ' � D I, , � North Texas Daily AKic/e Exhibit1.3 The TOD trend 7i�ansi6oricnted developmcnts spring np nexr DART stops �o, omm ... . :�� .� W lake Nighlantls Town (emer Dallas Morning News Article Exhibit 1.4 : 1�,�� _ / 2008-2009 Reinvestrnent Figures for powntown • 11 projects for a total of $919, 500 • 10 net business starts, relocations, and expansions • 46 new jobs created City of Denton Economic Development Partnership 08/09 Annual Report million visitors annually at 24 events and festivals, and it has become a vibrant, 24-hour, seven-day-a-week place to be. Downtown Denton, with all of its economic, cultural, and historic resources is poised to be a significant player in the North Texas region with occasional flashes of national brilliance. This DTIP provides a guidebook for city leaders, private developers, and decision makers to take downtown into this next exciting phase. �� ;_� ° � �• ��!. _`S^,',�."'7 .c'i �'"'"�ibns �' �u' �4 ' ;� �i Ir �' �i ' r' r .'h'_.�.. ■ : � �a " i ;1"y"11p '�'�y'i� � � °1 � I• e`4F•� , . - . Li �1 .. � 0 : i°A+'�T'Q. �. � ' �� . 1q �. � ' !,�p�t� �U .��IM�_ � c?i��' �''� �:� �.�-�� j* r,�s=,�r - �: _.YT! Nti.......�.. ��'��;. S . � � -- � e �{r��;�� ' ��,. _� r -:5'4��'-- ti� F. aa�.. �, ,' a�� r''�,;'�,— '� .a `P Y e�}' �'{ � �,-� . '-� .� �i � ��, "�(''�j"!, �"�F'a �.'` ,' . 2t-?-t �C�n ��r �j�¢ � '. r ,,„ 2 l �Y ' e� '� +r th.��.�r. "ij 4y` S� 6_- ri. �d-� _ �' �r .. y' �'. a � 3 1, p �' } a �,,. 1�4�i��`:� � i�g �;. �""^;�+, � �'��'`4" � s . � � .�� 4� �a�.. � �, _,�y r�; i "•. � ��n � �: .� �, � �' 4 Id � �'� �.c: U lJV V ' � , I ` �' �. r: �� a f +. .� r ' ,y,,, x a. W� � , �� J . ��,f � t' , 6"-� �, r � � * .... i` % ` �`��• �'` � (\ 1 ;1� -i� �' � •: ' . . " ° �. � +�� b�...,A , he r� k Yd . .� ♦ M1 �� ;,R�( _ K^ ! �.��'�4�1 f�,�^� �fC.'� �R;1. 'r��/ t ��,�� ,i*� � �, ew �� ,,,' "'.,.� � � _ R-'� � M� � ` -* � i:,� , �:"� M�-� � .. � A '.��,��qy, ea.� �p � � �� .. . �.��.�• Y �,�e �'R ... _ �. � .Ah�'I".'�':^"• 7�� t' _ =� r; �� Stroud Neighborhood . � - r,� . '. . � 61 � '+' �} �,. � e � �'.� � � ��' ` � e�� r .ar� r–��,; - '� , n �r r .w�+:}'— ,y� :r��'. "�ri a� �. . u3tcirr '.�r+-!t��',�— .-�-. � 1 � i � � �! Y � :.��-r-r rr-+-...':. � i�.,�� „ . • Downtown Location Map Exhibit 1.5 Future DCT�A tTjransit S_t_atio_n F F f �� R ' .•��Y..k t� aa�'€ ��V � �. � :� �/� ��{ •• , ,r � ;;�'� i _ � �,.,_ ` �' ¢ `, �w- . �'.. �-, � �J � �\ . / � . c�... �_. Public Involvement � �� _ 1 - _ 1"r�,...., '"'_.�'r-_ e� .g�� •� �..'-r--- �� P� '�;; �►r:.,:; r� iy�, � e��s.k �-,,, i.°��, �i f . ��.e '..� • '_� . ... - ,_. �-: : . ..._..:e..�A! I � .. � � � � —,,..i ..:. . Early and ongoing public involvement was solicited so that the public had ample opportunity to help direct the DTIP's concepts and implementation strategies. The residents of Denton were empowered from the beginning of the project to provide their detailed thoughts and opinions about downtown. The community dialogue exhibited during the public meetings was passionate and heartfelt. A few themes emerged during the public involvement process, and these themes formed the basis for the DTIP recommendations. These themes are discussed in this chapter, along with the steps involved in the public involvement process. �.. � •�.---,—.. , -� , �. _- 4 :�-L� � �. . � � � � �� A ;,, � : 1�,�� _ / .� . .� � I�r� � � ! � � �� ,,,� , � .� � '�;-- -T �� -,-----�r Task Force Meeting Photograph 2.0 The DTIP project began with a large public involvement outreach effort, as is appropriate for this type of comprehensive study. Stakeholder interviews, on-line surveys, and public workshops were among the tools used to gather broad-based input from the Denton community. The project's public involvement activities were designed to gather public input on downtown and to identify and discuss the issues, challenges, concerns, and community goals of Denton's residents. A community-based process was used, involving a sequential series of planning activities for residents to offer their input. The process, started with broad planning perspectives, extended into the refinement of planning objectives, and culminated in discussing specific recommendations. The plans and strategies developed in this document are the direct result of the coordinated planning process that the city staff and its consultant conducted. The following sections detail the opportunities afforded to the community to provide input into the creation of the DTI P. The Downtown Task Force, which is a subcommittee of the Economic Development Partnership Board, is composed of citizens whose primary task is to see that the Downtown Master Plan is implemented. The Downtown Task Force served as a Steering Committee for the DTIP process and added members up to a total of about two dozen for its Steering Committee role. This Steering Committee met monthly and provided a public opportunity to review the status of the project, furnish feedback, and become familiar with the next steps in the process. This group gave ongoing advice on the DTIP and the planning process. In addition, city staff met with various stakeholders in the community. The large DTIP project area was divided into five sections, and a city staff member was assigned to each. This city staff then met one-on-one with the various stakeholders to review the DTIP and invited their participation. � �� The consultant conducted over 60 stakeholder interviews with business owners, residents, city officials, and property owners over a three day period (October 13 through 15, 2009). A series of 19 questions, which were varied to clarify each interviewee's perspective, were used to define the issues and aspirations of the Denton community. Responses included comments on downtown's strengths, economic development, quality- of-life issues, parking, and solid waste. (The interview questionnaire form is included in the Appendix.) Although numerous opinions were given on a variety of topics, a consensus was apparent on a number of important issues. A synopsis of consensus issues follows: • The Denton County Courthouse and Courthouse Square form a special place for residents and out- of-town visitors, directly tied to the identity of down- town. • Downtown provides an economically attractive envi- ronment for starting or locating a business; however, even more ways or opportunities are possible for the city to advance downtown's attractiveness to business owners. • The new transit station is seen as a very positive opportunity for the city and downtown. • Inadequate downtown parking is an issue. • New development in downtown should include a mix of uses with residential/office uses over retail stores. • The University of North Texas and Texas Woman's University are viewed as major downtown assets and should be considered when planning for the future. • Well-designed streets and appealing streetscapes are the most important factors for the quality of life in downtown. • Downtown's solid waste containers need to be screened from view. • The city should not limit architectural styles, building materials, or colors. However, minor controls should be implemented to maintain downtown's historic aesthetic. • Building codes for downtown and downtown's infrastructure are felt to be outdated and to hinder development and redevelopment. • More shopping, entertainment, and housing options are needed downtown. u, � � e�� , � �a`�'� �� n�� z �i��ii� . � k6� _ �..: p _f � �� .�:, ` , i- °- Participants at Public Meeting Photograph 2.1 : 1�,�� _ / r �!(�t;c il"�=vting 1 Photograpl� 2.2 • The consensus vision for downtown is that of a vibrant, unique, walkable, mixed-use downtown. • A high-quality pedestrian-friendly downtown area is envisioned with adequate parking, including struc- tured parking facilities, surface city lots, and on- street spaces. The city conducted an on-line survey on its website from November 13 through December 3, 2009 to capture additional resident input. A total of 109 residents completed the on-line survey. The survey consisted of the same 19 questionsused during the stakeholder interviews. Additionally, the general public was able to participate in preparing the DTIP by logging onto the city's website. Any interested individual could obtain information about the DTIP, access meeting minutes and survey results, and provide input by accessing the city's website. Staff regularly updated the DTIP information on the city website. Public Meeting 1 The City of Denton hosted the first DTIP public meeting on December 14, 2009 at the Central Fire Station. Approximately 60 people attended the meeting, which was structured as an open house, followed by a formal presentation. This meeting provided the first opportunity for residents, stakeholders, city officials, and the consultant to listen and learn from each other. The workshop was publicized using a variety of inethods to maximize public awareness and participation. Announcement methods included: • City of Denton website announcement • Press releases • Flyers and table tents (3-dimensional display) were distributed at multiple locations downtown At the meeting participants discussed existing conditions and the draft project goals and objectives initially defined for the project. The participants were then given eight Downtown Master Plan goal statements that define the vision for downtown � �� Denton along with 28 statements of objectives that the consultant developed to implement the master plan goals to rank. The participants were asked to rank each of the 28 objectives in order of priority to give the city and its consultant an understanding of what additional opportunities may exist for leveraging downtown economic development. (The detailed results of the public meeting are located in the Appendix.) The following are a few of the highlights of the results, each of which builds on the statement that downtown Denton needs to: • Establish unique and special opportunities for din- ing, retail, and entertainment. • Create a downtown with vibrant districts, each of which offers a unique character while still working well together. • Develop a pleasant, safe, and inviting street en- v i r o n m e n t t h a t h a s a s p e c i a l s t y l e t h a t i s t h e m e d together using streetscape elements, such as: pedestrian benches, trash receptacles, street and pedestrian lighting, street trees and landscaping, wayfinding signage, etc. • Establish a network of exterior public spaces that can facilitate events, gatherings, and festivals appealing to a wide range of Denton citizens and visitors. • Enhance Hickory Street, which will link the proposed DCTA transit station with the Courthouse, as a "Great Street" in downtown for shopping, art galler- ies, and dining. • Create a program for waste management that will improve aesthetics, odor control, and overall street images. • Leverage implementation through partnerships, commonly referred to as public/private partnerships, in which the costs and revenues of growth are shared. Public Meeting 2 A second public meeting was held on March 10, 2010 at the Denton Civic Center from 6:00 - 8:30 pm. Approximately 75 people attended the meeting in which the consultant presented the initial results of the existing conditions and analysis along with draft recommendation strategies. The existing conditions and analysis results presented to the community were as follows: � � _ ia� i! � i', I I T��., � � i -e,r-�---- . ':� _� ' � [�� r' .1� , I ' S'i �+!, '� �� ;� $�-�� .�',� - � �j��'�',�'�;::t'�� . �' ,. IV r^ r ,°` Public Meeting 2 Photograph 2.3 : 1�,�� _ / Public Meeting 2 Photograph 2.4 � ,� �� ; r 1. Downtown Denton has tremendous existing resources 2. Bold new improvements are currently under construction 3. Additional redevelopment and revitalization projects are underway downtown 4. The next wave of downtown projects is not too far away The draft recommendation strategies discussion focused on the proposed plans and strategies for: • Parking • Complete streets • Parks and outdoor venues • Solid waste removal • Review of the Form Based Code The participants were then asked to answer a series of questions located at various stations (tables) dispersed throughout the room. They were instructed to place dots on the answer that best represented their opinion on the particular implementation strategy. Each participant placed either a green (yes) or a red (no) dot in the space provided. The purpose was to gauge the community's preferences among the initial implementation strategies and plans for downtown. The following are nine examples of the results that were collected from the strategy question exercise that had a total of 27 questions. (The detailed results of the exercise are located in Appendix.) 1. Do you agree that some development, such as in the immediate vicinity of the DCTA transit station, could be up to seven stories tall? Results: Yes: 17 No: 30 2. Do you support a concept that would encourage the city to enter into a public/private partnership to provide additional parking lots and parking garages? Results: Yes: 24 No: 12 3. Do you support the solution that all solid waste and recyclables containers/dumpsters be screened from view by a masonry wall? � �� Results: Yes: 40 No: 2 4. Do you support the "complete streets" concept (streets developed for equal and safe use by automobiles, pedestrians, and bicyclists) for streets in downtown? Results: Yes: 37 No: 8 5. Do you support the concept of Hickory Street being designed in a true "Great Street" - a pedestrian street which will connect the proposed DCTA transit station with the courthouse square providing new shopping, restaurants and residential? Results: Yes: 45 No: 2 6. Do you support a significant wayfinding signage program which identifies the location of parks, major public buildings, public parking, etc? Results: Yes: 40 No: 0 7. Would you support, as development and density occurs in downtown, high quality parking garages with retail uses on the ground floor? Results: Yes: 34 No: 6 8. Do you support a form-based code, that will ensure a more predictable outcome that is in character with Denton's mixed-use, walkable and bike-friendly goals? Results: Yes: 35 No: 4 9. Do you feel the city should implement a shared parking program for downtown? (Spaces are shared by more than one user, retail and office during the morning and residential in the evening, which allows lots to be used more efficiently.) Results: Yes: 35 No: 4 � N� ��.r.� 1. Do you support Denton's Downtown having a greater amount of parks and open space? ti:j�� 2. Do you support the concepl of Quakertown Park r.� Fullfilling a Oroatler role (supporting residential I {� t tlevelopment, grea�er petlestrian linkages to park. � �__�� wayflnding signage, green lantlscapetl etlge along park. elc.) In Downtown? ,�, Public Meeting 2 Photograph 2.5 : 1�,�� _ / �� A� ' i r. .� �A. .. . . - . /anc(use fransif arkin rfreefr DT/P Logo Exhibit 2.0 The consultant team then used the responses to the questions to assist in making preliminary recommendations. The city and the consultant used the following additional mechanisms to provide project awareness and secure community input. Logo A specific logo, using the outline of the Denton Courthouse as its main theme, was developed for the DTIP project to relay a consistent, unifying element for all of the materials presented to the public, including maps, exhibits, and project documents. The DTIP logo assisted the community in identifying project-related correspondence, and it also illustrated the intended branding message. The project logo is used in this DTIP document. Press Release Denton's Public Information Officer disseminated all DTIP project information to city residents. His office wrote and distributed all press releases and articles, as well as conducted all media interviews. Downtown Newsletter The Denton Economic Development Department produces a quarterly newsletter to inform citizens about downtown activities. The newsletter profiled the DTIP project in several articles. (Copies of these articles are located in the appendix.) DTIP Website For example of full service website view in appendix. �,.,_ ` �' ¢ `, �w- . �'.. �-, � �J � �\ . / � . c�... �_. � �� _ 1 - _ 1"r�,...., '"'_.�'r-_ e� .g�� •� �..'-r--- �� P� '�;; �►r:.,:; r� iy�, � e��s.k �-,,, i.°��, �i f . ��.e '..� • '_� . ... - ,_. �-: : . ..._..:e..�A! I � .. � � � � —,,..i ..:. . Existing Condition Assessments � '�I,. �� ; r�_�� f `r-�:� � �� '` �__ i� �� 71 '. � � - I'�__i__ � I�. I � .. � �4 �,I " ( \� �\ �, 1�w, � '� . i ; �.{� � — , `y' � �� -� � -�- - �__ _ � , r `—,E :�_. Downtown Denton's existing urban form, street alignment, and natural systems developed over a long period of time. A clear understanding of this past and the present conditions is necessary to plan for Denton's future. A holistic approach was used to define the existing conditions in downtown Denton. This chapter describes the existing conditions and study area trends. It addresses land use; parking; parks, recreation, and open space; streets and linkages; solid waste; and architectural design. An assessment of each topic is presented and supported with tabular and graphic data. This information provides the basis for the Chapter 4 recommendations. : 1�,�� _ / The second phase of the DTI P project focused on data collection and analysis. This work was conducted concurrently with the first phase public involvement work. It comprehensively identified and documented all aspects of the study area's physical, social, and economic conditions. The bulk of the data collection and analysis was accomplished during the first few months of the project, although some data collection and analysis continued to the end of the project. Both qualitative and quantitative data collection methods were used; and a variety of data sources and analysis techniques were used, including Geographic Information Systems (GIS), property appraiser data, surveys, and site reconnaissance. The first task was to create a series of base maps to identify and graphically display pertinent information about downtown, including: land use and zoning patterns, street connections, property ownership, parcel data, and the locations of various types of parking. The resulting land use, parking, parks, streets, and solid waste maps are included in this chapter. Additionally, site reconnaissance was employed to determine which areas of downtown the community most values and what makes these areas successful, as well as to verify GIS data. The full consultant team and city staff physically observed downtown conditions on multiple occasions at different times and on different days. Each site visit was documented photographically. The following section presents the existing-conditions findings and the consultant's assessment of those conditions. The information is organized into the following topics: land use; parking; parks, recreation, and open space; streets and linkages; solid waste; and architectural design. w � � �� Yz �� W I _,, . %° �d Land use conditions are important to analyze to be able to understand the downtown marketplace, and thereby make the best decisions for the area. Parcel data and land use information was extracted from the city's GIS data base and then field verified. The following data categories were examined: • Land use • Ownership • Parcel size • Building height • Building area • Residential density • Floor-Area Ratio (FAR) ,�� ;;; ,,,.�� F �� `<� ` 1��=�: �� bs.�" ��y,; �`�, � . � k �� a T" k �� . 6 � :1..a � � 1 ' �y WkF-(. �'�. m+ a r�� `�a �r��. �� . , � �� ,` �,n� ' �'�; ,, °�� ., _,. ;� ; r � � .�. _ � # � �.. J ��;.�� Y � ��r �..,�� A� }� .. ��w^ �� ` . ��" . !.�� - �- �� Withers St.,.�,� � �� „¢. � �'� - °' .,� .� +�r " . r .�� T'�'� '�`�= I` �� n �-; ��r�: �'� � ��` ;�1� _, �k ��,, �. .. >..� ` . . � HAPTER Legend O Civie � Insti[u[ional Resicfential Low (t story) �ResiAential - Medium rnnore [han 1 story) � Commercial - Low [1 slary� -�oanmercial • Mediurn fMore than 1 stor9l . - Mixetl Use �'�,� � :i � � �' � Lighllndustrial � Parkway St. ��w; , �r � F �Ft � „ � � '� '� _ ''�'fi ` ''� � Parklppen Space _ �,�� ,e ': �-.f _ M.� � '�� 6' A° ". (rt �j "� � r////, Vacan� � � � - �!' p� r/!/I ,� ��Fe.,l� � � � i - �.. . _ '; �� f*°i @ n�: � t.�; � St., , - �� ', � i '�' ,� r� d'� �� '� ;i � � , � ��r �„ � �^I � ,� 4 ^� � _ , � � � �, ; �� e ,�, � � � ' McKinney St. � '.' :J .a. - °�_, y . " c -. . . � � �,- �'�_ '.ye � �. �t �t . � .� ` � �� . . �' � ' ..� �.: i �I"A `� .9'A:' •t ' � �4 � ��J� � .�l�• . y . �f �l x . � �!--�: � .� � c Oak St. "` : e",a-' > {� �� 1 m (n o. . .; � � - � � � m � �i �t .' � � � � � � � ; .. � � N� °r ' ,. . _ ., .. , ... � — � O �� " — 1 � � �J w k'�, ,y �ir J y � 5 '��;h J U a � � ,_ _ . I -d. ,� � �� • il =�, � Hickory St. m � ��-��,,� � � ; . ' " _ °'; , �f' '- � � �,. �. ; st; x _ ^ � � � � � ��- _ �- < .i� �,' ,' � ��; ,� � � } ..,�� . � Nlu ber� St. — .�� %��I �� '�� r � � ; ��' '� -, '�'�e� � F�i ��; "� p�` . �� .� ��, � yc re �� .� f � � � ■ }� .e'�1�. . R `�,�`�; ��r�'�F �- r �.� ��. �, � � �� x � � ��' � ��: ! . r � _ +I . ..�. �_ � � _ �� q � � �� f :� - .:� � , � � ,'� ,' � ' ^ � � f� � � J .-= t � � vd9_+f ic .�.. � � �. � � ,� Existing Land Use Map Exhibit 3.0 : 1�,�� _ / The study area comprises approximately 155 acres, 387 parcels. Exhibit 3.0 illustrates existing downtown land use. The study-area land use patterns are characterized by three major findings, namely: 1. Commercial, one-story uses predominate. 2. Housing is in short supply. 3. Mixed-use and entertainment uses are generally lacking. First, commercial uses predominate in downtown, covering 76 percent of the study area. These uses include general business activities, such as retail, offices, and commercial services. The predominance of commercial uses in downtown demonstrates that the existing downtown employment culture is strong. Downtown commercial buildings are predominately one story in height, with the exception of the buildings surrounding the Courthouse, which are mostly two stories. Second, downtown lacks housing. Both single- and multi-family uses comprise a total of only five percent of the study area. Single-family residential uses are located at the perimeter of downtown along the east, south, and west edges of the study area. A small pocket of multi-family residential housing is located along Oak Street. The shortage of residential units is out of sync with the goals and vision included in the Downtown Master Plan, which states that "downtown should have residents, offices, shops, and entertainment." Finally, a limited number of buildings mix residential with office and/or retail uses, achieving a mixed-use pattern of land use. The few that exist downtown are located along all four sides of the Square. The shortage of mixed-uses in downtown is an unrealized opportunity for creating a vibrant and lively downtown. A few restaurants along Industrial Street may be considered the beginning of an entertainment district; however, a higher concentration of these types of uses is needed to become a true entertainment district for downtown. w � � �� W I _,, . %° �d Exhibit 3.1 summarizes downtown's land use characteristics, providing information on acreage, square footage, total number of parcels, and the percentage of each land use type evaluated. Also, the exhibit gives information on ownership, building types, and vacant property. This data provides an overview of the existing land use conditions, as well as a baseline to measure future development/redevelopment changes. LAND USE TYPE ACRES Civic Commercial Low Commercial Med Light Industrial Park/Open Space Residential Low Residential Medium I Mixed Use Vacant Totals 29.2 54 7.7 15.2 43.6 2.7 1.2 4 1 155 SQUARE FEET 1, 266, 706 2, 349, 426 338, 618 665,965 1, 899, 216 118, 644 53, 548 16,117 43, 560 6, 791, 800 TOTALPARCELS PERCENTAGE OF PARCELS 39 10 � 220 58 68 18 16 4 15 3 � 17 ' 4 4 1 4 1 4 1 387 100 MEASUREMENTTYPE ATTRIBUTE � Ownership Private Public � Non-Profit Total BuildingArea Residential BuildingArea Non-Residential Building Area Other TOTALS 324 39 24 172,192 3, 376, 891 1,745,972 Vacant Property Totals Vacant Developed � 18 Vacant Unimproved � 4 Data provided from City of Denton G/S Land Use Summary Exhibit 3.1 PERCENT 83% 10% 7% 3% 64% 33% 82% 18% HAPTER : 1�,�� _ / � � �� -_, ,r y �� rF > � � �� .z � � �� s �'� � ��' Parking is a key element needed to revitalize downtown Denton and maximize its economic development opportunities. However, vehicular parking is not a stand-alone component; it is closely tied to traffic circulation, pedestrian mobility, development patterns, parks and open space, and solid waste collection; and it must be balanced with downtown Denton's "complete street" strategy. Field surveys, photographic interpretation, and personal interviews were used to define downtown parking conditions, resulting in an understanding of both real and perceived parking problems. The findings resulted in recommendations which address both current and potential future downtown parking situations. a'� . . t �-' � ' ,� ,�„� �.: y�' - - _ . Legend � 4�", g � 3 Pt� �� ` �! ��'`i,� �,��y� ,�6_�.^. �� f � � �- F �p ,r� ;�E, ��I �� - '� - _ Private Parkling b�7Y�^��., `� �1� �r � F : �v�� !�� ' �� :. ��+p < <n y`" �' ye f;,� ... �e PublicParking � ;��+s;�°��' , � �` ., � _ ,� ��11 �l. � � r„�� '9� � ' � - � r . .'� aP ,�.',�„ �,�' y� . �. ,. � �W ,. r �,� F� 'a°�, d ' '�'i�.��e- � �M � �� i.,. � � ��.'4'r-,�: , � On-SEreel Parking � � � -� :. : �� ... � . r � �"' � � ��r� '�'��"i�.''. � �-,l�t.�i l. �� '�°k �,, °� � � �� a � � _ . +; � Angled ar Head-In Parking y � i�� ' 7,� � � ;� - i� ,�F,� � � ' � 'i�7` �t�' ` x #3 .,� �` � '$ � � � � � � y,� � A �'y. �� L�1 j �.r.�_ ��-r� �' F--^_ ��"�' " �' h� �fe � - � . ' �> __. 7 �� ; , � r �� '��,a�; �,� �� Pearl St: �k� �. s.y i�� :°_�� d "� �-, �y; , l' ' ��:rr. �: � `�. �� .. �-� � s'`,I� , � 1 �i � � � �� m �'� � in i � �IY o` o 0 0 — _—� � ��. I 3 I Mulbe � � } :�� .� � r �� C (6 � ,: o Oak St. 8 -- �� i�., .4 6 �k4 �. Sycamor St. - _ � � 9�� E � � Parking Assessment Map Exhibit 3.2 � �.�� '` ��:�,,,�,� �` a` �,�"'" ,� �� ` '" � I ,r'�� r �. ��,G � � �� ,� �` � ��' �h��-1`�,'� ,�Jik��. I y� t ?F ,� �� :�. y,. �;su �� n � , . � , � � -�:�� ,�� __ ` � i: �- � e ` �� A� � N � 10� (LS �I � �__ .. , I � � I �I � �� .� 11 �� I,p ! Q �y � w ��. �� , w � � �� W I _,, . %° �d The downtown study area was mapped to identify the areas that currently accommodate, or could accommodate, parking. Three categories of parking were identified and mapped: 1. Public Parking Lots 2. Public On-Street Parking 3. Private Parking Lots Exhibit 3.2 shows these three parking categories. Private parking is shown in blue on the graphic, public on-street parking is shown in red, and red linear boxes are used for on-street public parking that current regulation and street conditions permit. The blocks within the study area were divided into 11 specific parking zones, titled DTIP parking zones. Each zone is large enough to view relationships between public and private parking with the development they serve. The Photographs 3.0 images show a variety of downtown parking conditions, which reflect the current conditions and land uses in downtown Denton, including a demand for parking in the Courthouse Square area. HAPTER ,� � � Parking Conditions in Downtown Photograph 3.0 Public Parking is defined as parking that is signed as "public parking" that the general public may legally use. Where a private property owner allows public parking, its use may be limited to times that the owner establishes. Private Parking is defined as parking that is reserved for a specific use or business. Private parking is not available for public parking, and therefore, it must be clearly signed for the allowed users. An example is the Carroll Courts building, which is a public buildinglocated on the southeast corner of Carroll Boulevard and Hickory Street, but only its employees and customers may use the adjacent parking, not the customers of surrounding buildings. : 1�,�� _ / Exhibit 3.3 shows the relationship of the types of current public and private parking spaces by zone to selected major downtown land uses. Public Parking DTIP Parking Zones Public Public Total Private Total Sample of Existing Parking Parking Public Parking Parking Land Uses by DTIP Zone In Lots On-Street Parking In Lots Zone #1 48 0 48 476 524 NorthStar Bank Day Break (Senior Care Offices) Zone #2 25 33 58 427 485 Campus Theatre City Hall West St. Andrew Presbyterian Church Zone #3 0 48 48 511 559 Carroll Courts Building DATCU Credit Union Bayless-Selby House/Museums Zone #4 0 18 18 111 129 B&O Towing James Wood Used Cars Zone #5 0 10 10 320 330 Courthouse on the Square Wells Fargo Bank Hickory Street Office Building Fine Arts Theatre Zone#6 0 64 64 115 179 Sweetwater Hannah's Zone #7 590 49 639 161 800 Main City Hall Civic Center Quakertown Park Zone #8 0 89 89 437 526 Weldon's Western Wear Melrose Apartments Zone #9 84 198 282 311 593 Denton Record-Chronide Industrial St. Restaurants/Clubs Zone #10 0 32 32 404 436 City Hall East Monroe-Pearson Warehouse Zone #11 63 64 127 213 340 DCTA Transit Center Center for the Visual Arts Trinity Industries GRAND TOTALS 810 605 1,415 3,486 4,901 Percentage of Grand Total 29% 71% (Publicvs. Private) 57% 43% Percentage of Total Public Spaces Parking Assessment Exhibit 3.3 w � � �� \ ',� ��; � �� , . t € ,: ��; � W I _,, . %° �d �. �=�i ��, ��creation, and Open �> � �, � _ ,� �e�,� Study-area parks, recreation, and open space land uses were inventoried and analyzed to determine if parks and green space are adequate for existing and future downtown development. Quakertown Park Exhibit 3.4 shows the locations of downtown parks and open space. Quakertown Park, the largest park in the study area, provides 32 acres of active park space and accommodates many of Denton's major special events. This park surrounds the Denton Civic Center on three sides and extends northward to Withers Street, the northern boundary of the downtown study area. HAPTER 3 �,,�� .. �W�L�� 1 }�`` X� wlth2l"$.St- � _ Le9end � � ��` ' ��, a+,' ,� `` '�� ` �� p.s �- 1 � +.. ti'y�� 'ij� �' ExisCing Par�k Land � �r q # ?+i� , - � . `��>=.1 ��^ ",� . . �s � `r i � �' Exishng Caunty t.i,.� �e �ro.3� Mr' ' `�,�"� . , � �� PBn SPacE �� .�� . . I.w � ... . � �.. _ (n .. � �K,��..,,, �� , �� - � -. '��gk ��,Py�sy Existing Streetscape .i., ° „� �� '��, �r � Quakertown n � Amenity � :,� . r ��. � "'� �I ,� " Y Pa rk N ��' ' !R �d'� � ExiSting UrbBn Cvurtyard �` -� �'� � � ' r;: ��:.�v � _. �'� .� � � � EaiSting Tre0 Grove �- '� � �- m �� , ,� .s _ � .�� s.. �� , �i� ` �i` 4 � Existing Farmers Market �, '� � �,, . � � '� � .a �.�: V � 9- V .—� � , i;i, � � � rr�� C}..`y. G�eenp Significent � , � -�� , SP�ace Parkwa St a � P.� �� s kaE � � �.. i: ' � � � �``�''.f .:�� °�j � ° ` �,� �'` �'.�;�) '� J� °' � a �'''� i ,I � _ �.. , Y �. .� , "� E I' ��. � � � � rv.' � . �, .. 1 1 �r.�cex :`:�`: r � � � � � I _ �� '�'�. � _ ��S�p , - fr�y�� , �� — � F _� , , ., :� � a ' � ��_ _ ' r� � r µ"�, � ,,,� �� !n �t � k` � O �Y'. � � � 1�m �� y. �? � � j .� I `� k sL..: � m R` ��; �� '� I p'�� '''� �� J � k..�. �I ��ccc.. _ '�yy��T�� 4 yy�i'.4 � � � �•e i � � ,I l i S '�", i1'�'� �. �'� �� ,� � 'v� �, ' I � I ,# ' �+�'�� I��, � F^ � � � ��' �� ` � �' " ,, :_;� t �.� �� w��z� . � k� `"4 �a» � _ � . . , i�� ,. ��-j. �� +�t' W �' � �. � t �: �n ,. , �?F I, � . .. . � �. .` � . . . �+�.�Y I, '��ca � . ,`�'�'�'. ��nne� St � .�� , :�� :.��J i � � � _� � t , � � � �� 6 i � �,� #� °�°� ;; , �`" _ � ,,�' r �� ..� �� a _ _ .. _ � _ ,� , , �� ' �� ' � +# �`_ . � � ""� ..N . L. ! '� ' . , f P�� e� �.��- �• � � > i� � �►' � �- - �° , Q �t`' �` �..��'.,. � �l�.'� !'�[,"i..aa��,. � � r� � " ^ � �I, ,i . .... . ,�,. i d _�J � � :ww � ? - � , o . `I�"�-"_' ;�, � ,;�,�, ; , P � � ,�� Qf�`� ,� �: = .! ;_ � - � , i . �. r — _ a .,� � _ , _ a� — ,-� � 7 s ,�_ Hicl�yy St � m � '� .,., � F� ' � . � � �y .� s 4rc rz. �J/�/( ��V � �� .D�' ��.�� y "�'� �Tr�l � -�; 'IP .., `�-I 7� � � � ,,,�. � � � , � +� � m �~`�� ,.��i f 'y �' �° °o . �� , � ��i a r� � ...a +: � ,— P � � � ' .. � � r f � � P i �0 � � ��l� �p M r �. �., ��T Q � : d ,.� I' j� ��' Q�� JJ ° � � � � � �t. � �J l�` �-•r �� h � � i3 IA3 ��. � � � � -� � J .� ��_ `��: �'E J_'� s.� �" �__�, '^ �' � �,1' _ . .. ,_. � _ _ � � , � � -- � � �. ;T .�� ra� � i ; � �_ _ — —__� —� .� Y � �,� r� ��. �; �` - i�' � � 9�'? i° ri. �. .�. ' �� . r � � � . .t " � r � , ... , � ' ri,�9� ��- ; �. .� I � ►�: -, . ., r s .., �'-�... ��. •. .— . : ._ ^'?. : Parks, Recreation, & Open Space Map Exhibit 3.4 : 1�,�� _ / Quakertown Park amenities include: • Amphitheater • Benches • Bridges • Civic Center • Drinking fountain • Grills • Pavilion • Picnic tables • Playground • Pool • Restrooms • Lighting Courthouse Square The next largest downtown green space is the Courthouse Square. This green space surrounds the Courthouse building, is the site of many local community gatherings, and is well utilized, according to the stakeholder interviews. Weekly concerts are held on the grass in warm weather along with other recreational activities. This grass lawn, serves as a gathering and meeting place for residents and provides relief from the built urban environment downtown. Tree Groves Four existing groves of trees provide undeveloped open space in the study area. One is located in the northwestern part of the study area on Parkway Street; the second is located east of the Courthouse on Oak Street; the third is located southeast of the Courthouse on Locust Street; and the fourth is located southwest of Bell Avenue and Mulberry Street. All four of these open space parcels are privately owned and underutilized; they may be candidates for public recreation and open space that could improve the quality of life downtown. A number of church lawns downtown, although generally small, augment its open space. The St. Andrew Church lawn is a notable example. Historical Park The Historical Park of Denton County, which is owned by the county, is located on Mulberry Street near Carroll Boulevard. This site includes the Bayless-Selby House Museum and the Denton County African-American Museum, plus three other buildings awaiting renovation. It also includes a gazebo and park benches. A county- owned parking lot located on Carroll Boulevard adjacent to this park hosts the local farmers market, which operates from June through September on Tuesdays, Thursdays, and Saturdays. w � � �� W I _,, . %° �d Street Trees The city completed streetscape improvements for Cedar Street in 2006. These street improvements include: new street trees, street corner planters with flowering material and special pavers in pedestrian sidewalks. These streetscape improvements enhance the pedestrian experience and the overall downtown environment. Traditionally, open space is very valuable and highly desirable in a downtown environment. Studies show that proximity to green space improves property values in urban environments, is psychologically beneficial, and is sustainable. Photograph 3.1 show a number of existing open spaces in downtown Denton. Denton has a number of opportunities to add various park and open space amenities to its downtown, which are further detailed in Chapter 4. �_ � , <, � � � � �� ; � ��,',� � �, �, � Y , � � ,�� I !_i�Al� � � � rr rr7,rg'� _� �i ` �T� �^��..�� _ =,' _ �—_ . �"�� — -- �.�c- -- - . ► ..a,,,_ . . ,�,�V '`'"�"�`d - _ �, � � � � � � c �, , ��y'px5 ��IYw£ �I,'�`d � 1 li '1.r�t � � . �� . �:ii _ / I,, _ � �' 3+! ,� � ■ u ,, _ �,, _ �- _.�� . " �� HAPTER �,��Y, � ?, �� ,. � ��- ��'''��;� � Y� , --� "� 'r' � '� � ��:l�'�, � "� � � + ' '� �,�� 3� .o�� . a:' k�, . : � �� a c:��'- �, ''".---�,�. � � •� � � � r w a:�� . � � � u� x �� ' a � `�w � � x ,. �� a. .�"..+r.__ � L i�•i"- �` �:. �j'.. _ ; �,; �_ ____ - - t - - _�+I �� x „�d . •�� .. , q��. Downton Denton Open Space Photograph 3.1 : 1�,�� _ / The Downtown Master Plan vision calls for downtown to provide: safe, efficient streets for motorists; safe, pleasant, and wide pedestrian walkways for citizens, shoppers, and tourists; safe, on-street routes for bicyclists; and abundant, on-street parking. The existing street network does not measure up to the vision. Downtown exhibits a number of conflicts involving these parking, streetscape appearance, and walkability goals. The DTIP strives to achieve the vision, balancing the needs of motorists, pedestrians, and bicyclists in a mutually-beneficial downtown environment. Existing Streets Map Exhibit 3.5 w � � �� W I _,, . %° �d Downtown's street pattern has developed with an automobile dominance over the last 40 years. Exhibit 3.5 shows the hierarchy of the existing street network. Two primary streets, Bell Avenue and Carroll Boulevard, move traffic in a north-south direction. They bracket the east and west sides of the core of downtown and link Denton to the rest of the region. Hickory Street is the east-west connection between the Courthouse Square and the future DCTA transit center. Hickory Street is programmed to become the "Grand Street" downtown. Secondary and tertiary streets provide local access. The following listings detail the street network. Primary Streets • Bell Avenue is a two-way, four-lane-wide street, ac- commodating north-south movement. • Carroll Boulevard is a two-way six-lane-wide street, accommodating north-south movement. Secondary Streets • McKinney Street is a two-way, four-lane-wide street, accommodating east-west movement. • Oak Street changes from one-way to two-way and is a two-lane-wide street, accommodating east-west movement. • Hickory Street changes from one-way to two-way and from two lanes to three lanes in width, accom- modating east-west movement. • Elm Street is a one-way, two-lane-wide street, ac- commodating southbound traffic flow. • Locust Street is a one-way, two-lane-wide street, accommodating northbound traffic flow. Tertiary Streets With the exception of Railroad Street, which is one-way, these streets are each two lanes wide and allow for two-way directional traffic flow. • Mulberry Street • Sycamore Street • Walnut Street • Railroad Avenue • Exposition Street • Industrial Street • Bolivar Street • Cedar Street • Pecan Street • Parkway Street • Austin Street HAPTER : 1�,�� _ / Figure 3.6 shows the core area of Denton's Roadway Mobility Plan. The existing sidewalk system includes the following approximate linear feet of different-width sidewalk treatments, lengths of roadway without parallel sidewalks, and intersection treatments, based on field- verified GIS data: • Sidewalks with streetscape: 12,700 linear feet • Sidewalks - wide: 9,000 linear feet • Sidewalks - narrow: 77,800 linear feet • No sidewalks: 37,600 linear feet • Intersection crosswalks seven out of a with treatment: total of 48 ��m�=�== Primary Major Arterial -- --- Outer Loop Road Not Yet Built - Future ��__�_� Secondary MajorArterial •—•—� Collector Existing Road Notto Class Standard � •••�•• Modified Secondary Arterial �; Railroads Maintained by TXDOT �-- Freeway Denton Mobility Roadway P/an Exhibit 3.6 Through an understanding of the current Denton Mobility Roadway Plan it is apparent that downtown streets and arterials are established under suburban design criteria. This is not the desired solution for downtown to achieve its goals. Downtown needs to have a set of street and design standards that are urban with multi-modal functions that support active street land uses. Wth this defined, the DTIP is recommending a comprehensive change of the Mobility Roadway Plan for downtown. w � � �� e� � ��w; ' — W I _,, . %° �d Downtown Denton contains one of the true, historic town squares in North Texas, which are characterized by richly detailed buildings, comfortable pedestrian sidewalks, and streets that are enjoyable to drive. One item that detracts from this image is the random placement of large, unsightly solid waste containers, which are emptied by trash trucks fitted with lifts for dumping the trash. Downtown Denton currently exhibits a broad array of trash removal decisions, including the placement of these solid waste containers on its through streets. ,,�_ �. �„� a � , � • , '� � � . �� P��" � �� " ��.�� a� �R-y, �'x �'°'� + ��, �' ;� ;.; ' � �"'; ��'. , , .�� T r � ay� �.. . � `'""� #` y «^„;� �� 9 � '�► .��° . q � „� � r�'� s � . ��° �..�,* .t� � �` ,#�fc�, a� �" s � .: 9' � ,,� � ` �,�� i � �r,� . ��`�'� r �* � � t � -� . � �� ,�.�� . ��.m � �: .s �,� ''�; ' �� ''� aP F� e � �� ,. � b• �� -v .�1��.��-��,� �. -.� � � G� " � � � 4 �� ,� � ,.��i Y � � C f6 Y f6 0 � �' p �� '�� ; rrv � �.. � � "�j' � � ��,, Q �� '`t �=; m ��ps �!..'N'3�1�. { . HAPTER Legend �I T Salid waste Cor�tainer �Loaahons �-- �y;,y' Prajec€ 91udy Area � ��3� Y � �, , Parkway St � r.a� .mb+ �.-. —` .,� '!4�F. r��"�C� �� '�F I ��fi�` ,� ��',"' g: � � T� k n E � : � � �� ?d"N� 1 a � l� - . �� ' �'� � -�T b �; ` ; y� �z� � ��c�� eF�'4s'I►�� a ' r'� ^.T I ^+7"rfi'4` � �k�a, �. � � a . � � t �� s� �� '� - ��;, i � � � � �� ,��',�,� ��'� ` � � ,,�� W �� ^'�� s�- ;';� � � - . � � ,,,g , . . � � �r. � . T . . . p�� . � � ,�n � �� Per�1 St. � � � � � * , - , � ��; ..� e �JT �' ` ' �:�".� .51� r �..TJ . taa. ° q �� rv.. *� *��+�1,�. ''�trJ�` *� t'"�� _:�: �"- _ � � `� g :'� -: ' � _. I=�� ", - — �' � � � . y,,� � ' . , . , �M, q �� . d'�� 6 T t M��.�.�St. '� - .�'1 ' �i.`�. �� .`'�{ I � . e'� �'� 4 .. .i 3�.t � �} � � 7 r� J �.�:,`� t' � . � fp � u� : � ,. :� � i = '�� "' Pec�n St. ��' � r�` Y �^ #� �, � � � � * � �..� i `� �.�� .J .TJ rj T)�.�.�,. .. r� T� ° `�' .J �^ `VSJ T��`� �r�� t �' � y a ��' � ., _ r 7 r �.y'+ �r. {�1 J I T t`� Ja _ 1� i � i� �.. � m n � � � 1T% _Ti �-. -1°'° �, ��1,`� ,� �� rv �1+1►-1� � � . — . � � � c� Oak St. J J Jf , � d� � �. ' k.� mt��i � � � � � ,�; ,. t - 4� �>T� � ,� r � � � a ,� �,� � "' � pL T l'�"r)- �` � -'� �4'� C�' W J ��`+ ' � �,�. , `r �.> T . . r � Q _ � _ . . �I.�` � � '' I. I$ , L � �' +n , Q � _ ` .j � 1` p��{� ._'.0 Cs � �..,�. .. '�k._ T� .. � � ..� \�— .r�„ rT . � T — Hickory St. � m �• � ` � � r � � �� r = , f s� t � �, �� r � � � �".t�, � �� '� �° ; T -�s� � �'t �!� i in �,��. .`~' �._��+� ;,.J TT:, �'�IV�`InutSt. �� x' .. y, .?� �� :.� «�`§�.r..;�"' ',:3. _ ` �• �� . .:o �-d.� x ..� - �J a� � . � ��.�� (n � TT �.'��' r�� !Fy,� i , .,i"] I T�+ r �. '�-�� ,.�,�` '�ulberrySt,,� _ . .`�''�',�� .a�� _�� ' � , � a � f0 T r A,.. �T1 � �� F �I. I ��, � � i - ,� K. ' . '`� ` 'a�• �"'i`'� `� . ,.X � ��J }�� liF f �C � �%`; \'�":� ,�T� :, � - C. _ � "�tT �' 'r'i ,t'� �� (� � r' � � `�� .� � � � eE k I � �� °-� r , � f q�.,� ' 4'�` ��-� g,: y�, �'y� � 1 ��P a � `�� s`�� .r��..-� ..t' �, �.'.s�, � ��;: !i�k°: � � �� > � � * `� Sycamore �t .� _ r _ , `� �� ggg�...�� '�'' ��'� � � � �f�' p�� `+ � ; " — — —� �. �� R �� ._ � � � � � � y �I d � T T F _. .�� J � f ��f : �I1. f f ��.�: ; � ,�� ,,��, �* ��}. � r � . ��.� _. -� - _ �� k �, �;'- , ; �° t�a� a . �� :��' � :..�r�,�°, �� E , `9,� � � � �"y ,,� , : � �. � . � � '� . . . :... . .�. . � r.:. . . �py �.f ��' �. .. . .. .— �'�' >`� �' .. _ .�- . __ � , , ��_' � ' . � �t`' :h��';-�.. �,�. �_ � Solid Waste Map Exhibit 3.7 : 1�,�� _ / All cities and downtowns across Texas have to manage solid waste and its removal. Many different methods, systems, and processes are available to address this issue. Each community needs to determine its desired goals to formulate a suitable solid waste strategy, including recovering recyclable materials. The DTIP provides a recommended strategy to provide a simple set of solutions that will benefit all users. Exhibit 3.7 shows the locations of solid waste containers in downtown. The highest concentration of such units is located immediately off the Courthouse Square on Cedar, Walnut, Austin, and Pecan streets. The Denton Solid Waste Department furnished the following information about solid waste removal downtown: The study area includes a total of apprioxmately 111 solid waste containers. A total of 1,067 cubic yards of solid waste is col- lected from the study area each week. Most solid waste containers are front loaded. The study area contains two different districts, which have different trash needs: • The Square District • The Downtown District In addition, the city's Solid Waste Department surveyed the community in 2008 for its views on solid waste removal and secured the following notable findings: • 89% of inerchants are willing to change the way trash is collected and to remove solid waste recep- tacles from streets. • 46% are willing to take trash as far as a block away from their business. • 96% would take advantage of on-site recycling. A number of concerns involving solid waste containers were raised during the project's public involvement activities, including: • Image • Odor • Loss of parking • Number of containers • Location of containers • Small number of recycling containers • Economic development loss w � � �� W I _,, . %° �d Two North Texas communities similar in size to Denton, McKinney and Rockwall, were contacted to see what guidance their solid waste removal processes might offer Denton. The findings of these contacts are described below: McKinney, TX Businesses in the downtown McKinney business district contact IESI, a solid waste removal company, to establish a commercial "downtown" account for curbside garbage and recycling collection Monday thru Friday. These accounts also include access at any time of the day or night on any day of the week to the city- provided commercial trash receptacles located at the corner of State Highway 5 and Cloud Street, as well as to the trash receptacles located in the MEDC parking lot adjacent to the police substation. A combination of bags, hand-carts, and trash receptacles are used to manage downtown McKinney's solid waste. Rockwall, TX Downtown Rockwall merchants have trash picked up either in front of their business or from a separately- placed trash receptacle, depending on their individual contract with Allied, the solid waste vendor serving downtown Rockwall. The City of Rockwall does not handle trash service in the downtown area at this time The following list of six options for downtown was developed based on the above-described findings. Chapter 4 includes recommendations for a preferred approach from among these options. 1. Baqs Opportunities: • Bags provide convenience for business owners • Payment is based on need • Bags eliminate the need for solid waste containers • Least expense for facilities Constraints: • Visual problems • Increased service requirements • High man-hours HAPTER Downtown Mckinney, Texas Photograph 3.2 ��.� - . .,;. , _� � :, � -i `,:, � , � � �-� I . r � - _ �� ,. � i --J: �I�, �`° li � � �� - � � Downtown Rockwall. Texas Photograph 3.3 : 1�,�� _ / 2. Hand Carts Opportunities: • Ease of use • Payment is based on need • Hand carts eliminate the need for solid waste con- tainers Constraints: • Location and storage issues • Increased service requirements • Hand carts only accommodate a small volume of trash 3. Side-Loaded Containers Opportunities: • These containers allow for large volumes of trash • These containers can be screened • Businesses do not have to store these containers or trash • These containers fit square to buildings and walls Constraints: • These are not the largest type of solid waste con- tainer • Screens for these containers are a slight challenge 4. Front-Loaded Containers Opportunities: • These containers accommodate the largest volumes of trash • These containers can be screened • Businesses do not have to store these containers or trash Constraints: • These containers will be difficult to screen near the Square • These containers will pre-empt parking spaces • These are the largest containers to screen 5. Larqe Compactors Opportunities: • Compactors accommodate the largest volume of trash • Compactors can be screened w � � �� W I _,, . %° �d Constraints: • High cost • Safety concerns 6. Enclosures Opportunities: • Enclosures screen solid waste receptacles from view • Enclosures enhance the view from the street Constraints: • Enclosures slow down collection • Enclosures involve a cost to build ,�. � �:. .. � 6 i � _. �. �. � .,� � �, ;�, � � .� � -,, �� y ' r �� s� � d ' :: , _� : �-� . �, .� �'' � : �r � � � � � _ � -_ � 1 � � �_� , �.� �P �'L�' � = // d'�J� . � _s_�`- I _.tr,�':'��' � �\ _ Solid Waste Removal Options Photograph 3.4 HAPTER -.�- _ _ - �� _ � �- �--- --�� =�C_= _-_ � _ � '�� C � : 1�,�� _ / � - -- � � ��p �, ��, _ ; ., � '� 4 00 ��:� � � ., i'�e„ If I -� ,^ � i�� f^. 1�� I �I�� — . — �__ � ! � a i� �� h � .� �� jYi �; '�'y+ . w_ar jE�t{g'�� I i n 7�+� �' � �� I. �� 5 lf '+ `�°� ,•.�. � " . _. . 1' Original Opera House Photograpl� 3.5 �, *�*�* r �. _ . . _ - � . � � �� ',; .'-_�,�R ..:�-��'�.■�J � � ..j1 ��'■�� ■ �11i � „� , ,_ � °—�'-� �,•= - �s�r _ . , � �± � Downtown Square Photograph 3.6 �� f � � �'�,,• � - - �.ATRE 1*1. = �. . � W '�� rrR��tl � � T'�1`��7 n i i =v ": ew. r —" �� ' �.�� "'�=� �, �.---�.. ;;�,�� - �� ' ��_ ,i% �� - � ; ��} �� ,a'� �: - ¢ � �:.� Downtown Circa 1940's Photograph 3.7 Downtown Denton has a variety of wonderful architecture. Much of this historic fabric defines the area and its history, which connects the past to the present. The existing pattern of sheets, railroad tracts and buildings establishes the future design for growth. The original township lots for Denton were auctioned off in January 1857, when downtown was being planned as the heart of the city. The creation of the original central courthouse "square" established the town planning pattern, linking county leadership and government. Denton added the special significance of siting the square and courthouse on a hill, completing the current majestic Courthouse in 1896. Denton's Courthouse Square is a valuable resource for the DTIP. The assessment of downtown Denton's architecture is based on site reconnaissance, which included a photographic field inventory. Key findings include the following: • The Denton County Courthouse is the jewel of downtown. • Downtown contains a significant number of quality masonry buildings, exhibiting a range of building periods and a depth and breadth of architectural styles. • Many blocks contain unified building facades. • A number of landmark buildings are important to downtown, including: Campus Theatre City Hall West The Bank Building Scripture Building Wright Opera House First United Methodist Church �,.,_ ` �' ¢ � �- . �':: �-, � �J �1 1 � r, , _. �"�; r � �� .:,.. �� 1"r�,...., '"'_.�'r-_ e� .g�� , �..'-r--- �.,, �� P� p� �►i:., ; .�. ,ii�; � � �� . � _I , , _,. _� . Downtown Recommendations - Land Based This chapter presents the recommendations for land use, including parks and open space, and for design guidelines for downtown Denton; and it includes the key findings that have led to the recommendations. The recommendations are founded on the vision and thoughtful insights of both the public and private sector. Additionally, the recommendations take into consideration the Downtown Master Plan, public involvement results, and existing conditions. These recommendations provide the foundation for the DTIP's implementation strategies. `�t� ! ' �� • �� \ �., \ � �. � L. � '�,� ' � -.,� '`R� �ooF LOaf E��01 S �'� I �I ' -�'� I � _ � . � ry � :; �� ', __ � � � � �I , � '! I a � � � � 1 � . _� 1.�.` �'-� 5��; i � � ,_�- .,� - � � �� I��'S Boutique . ; t �,� � r �' �`�G4'. _ � � . __' I ��_... `\� � ..� \ �� -�. i . �R ' � I �. i� i �i � �� II' �� `� 1�°"��'! I � ' .__. �i ��iiE10� _ � ' L:.:s' __ _._. � ��ii� _ = -_� �r . �� -'�� a '�' 'Y � ' .� �au� �� l�m� . .�.- m .� 1•; � ' ��`f'�� I : 4 l ' � — �s. : y}�y� � I �' �I �}'2 , II � � ��_ ��, � �� j � E � ��a�� : 1�,�� _ / Parkway St. Mixed Use Purpose and Intent Form Based Codes (FBCs) are distinctly different from typical zoning ordinances and standards (often called Euclidean zoning). FBCs focus on creating functional, attractive, and economically-successful neighborhoods and commercial areas by creating a more predictable outcome of physical development. Nevertheless, they can easily be adopted within a typical zoning or development ordinance. FBCs work very much like a Planned Development (PD) district, where key standards are incorporated into the creation of the PD districts. Withers St. � 'O N Y Quakertown a p Park m � � � � � i� �%1 � � � > � C� �o Pecan St. � m �` � � U Mixed Use � . � � � � � � � � � � o� ;. Resitlential � � Neighborhood -oakst. c �, � � Q� Q � - ut ,at. � � ' � � � � Mulberry St. �° � � Mixed Use�� Sycamore St. � / � Framework P/an Exhibit 4.0 T Legand M�ixed llse � Retail At Gratle TOa Are� Residentiad Neighborhootl Street Typss Rrimary Downtown5lreel-1 -17ownCOwnSUee42 �DWnCOW11�J1f0B1-� Secandary Down[own5lreel-4 Down[own5treel-5 �own[own5lreel-6 ra.�te�y Down[own5lreel-7 Down[ownSlreel•'8 Regional -DpwntbwnSlregl•9 Down[own5lreel-10 � > Q�� m 0 .� � � rea '°r �', DCTA Transit �'� '� Station �� ==� �a.. �!a �� C HAPT E R Priority Recommendations: A1: Formally adopt DTIP A2: Formally adopt the Form Based Code • A3: Create a new zoning district in the Denton Development Code called "Downtown District" FBC districts are the result of broad public-private cooperation where roadways, sidewalks, transit, and bicycle access work together to make pedestrian- friendly environments attractive to retailers, employers, and the rapidly-expanding demographic categories of young professionals and retirees. These types of districts, which have been created elsewhere in the region and the country, have proven to increase property values and be more recession-proof than development that does not include an FBC development approach. FBCs offer a number of advantages. The standards are high, but if inet, development can be achieved with minimal time delay. In fact, urban-style projects, which could take up to two and a half years to gain approvals and variances for downtown conditions using typical zoning procedures, have been achieved in a much shorter time and with a much more desirable outcome for the public, the district, and the developer in most cities using FBCs. The overall objective is to create buildings, streets, and public spaces that, over time, have the versatility to be reused. A built environment that can readily accommodate reinvestment eliminates the need for demolition and reconstruction every 25 to 40 years. Link to Downtown Implementation Plan: FBC is an important tool needed to implement the vision and goals for downtown Denton. It facilitates realizing the DTIP recommendations by setting standards and developing policy language for elements, such as building form, parking, open space, architectural elements and streetscape. The FBC is a stand-alone document that will replace the existing zoning for downtown. The easiest way to fit the FBC into the Denton Development Code (DDC) is to create a new zoning district, called "Downtown District" which to include all of the FBC text. Such a new DDC zoning district is equivalent to establishing a PD district in the DDC. All of the standards and intent statements Active Community Pl�otograph 4.0 : 1�,�� _ / -�-�'�n > , �r��,� � ��° "+' =,� °� J � � -�' �, � ,�C., .�.3��,q1�'.i ?�:.—r.;cGr� . I�1'�1. __� -�„_, h,. , e.,*,,, -��-, -- �,�Ikw'dff.o„ a�.:.�dak �b,.., —. � ret<��C. ,•:1-a�,.rznt,„�, . �.,�e ��w � B/ock Face Examp/e Exhibit 4.1 in the Downtown (Zoning) District will govern where any conflicts may arise with other DDC provisions. Exhibit 4.0 shows the framework plan which defines future land uses for downtown Denton, which will be implemented with an FBC district: District Goals: The codes and zoning ordinance for downtown will reflect the following principles, which are inherent in the FBC. Block Face: Buildings should be constructed adjacent to the sidewalk, with parking behind the main fa�ade of the building in order to provide the block with a sense of enclosure and to enhance the pedestrian experience. (See Exhibit 4.1) Street Design: Street design should reflect the dual concept of the street as both vehicular thoroughfare and civic space. Streets should be designed for the shared use of pedestrians, bicycles, and vehicles. '� Sidewalks should have continuous shade for the comfort of pedestrians. Other paved surfaces, such as parking areas and off-street parking lots, should also be shaded or have tree canopy to reduce the heat-island effect on people and buildings. Retail at Grade: Street-level retail construction �,,,�,�,�. should have a ceiling height providing flexibility for a Retail at Grade wide variety of retail and restaurant uses. In addition, Photograph 4.1 windows along the street face will support those commercial activities as well as enliven the sidewalk � � � �a. - --� '� fi � , : _ � � . �. �� E4 �, � �..�� .,>: � �-"`�� " � , _ � � ��' . ��. � � :�E.a .a - �:::?' � � Residential at Grade Photograph 4.2 experience. (See Photograph 4.2.) Residential at Grade: Residential units, which are located on or near grade, should engage the sidewalk with entries and windows facing the street. This engagement provides sidewalk users with a sense of security and gives residents a sense of "ownership of the sidewalk." However, demarcating the private realm from the public realm is key; elevational change or low fencing can accomplish this objective. (See Photograph 4.3.) Building Form: Downtown Denton has an outstanding stock of historic buildings. New buildings should not be required to match the historic style identically, but they should respect the historic tradition with a distinct base, middle, and top (often called tri-partite architecture, as seen in Exhibit 4.2). In addition, corners and street or walkway termini present opportunities for landmark features on buildings. �� i' � - Building Height: New buildings should be at least two stories in height and a maximum of four stories, with two exceptions. Proximity to the DCTA transit center (the TOD Area) and to Quakertown Park (the Residential Area) are locations that could benefit from greater height for density and views without impacting visibility of the Courthouse from primary approaches into downtown. The height in these areas should not exceed seven stories. Building Materials: Materials should be durable and age well, especially those at grade, which are subject to high contact. Parking: Large land areas used exclusively for parking for separate uses is a waste of resources and diminishes economic activity. Shared use of parking should be encouraged. In addition, parking standards for retail, restaurant, and office uses should be modified to allow the interchangeability of mixed uses without triggering a requirement for additional parking. Bicycle Accommodation: Adequate bicycle parking should be provided throughout downtown to encourage bicycling. (See Photograph 4.3.) Sign Standards: Signage standards need to be included that are suitable for urban mixed-use districts and responsive to the needs of successful retail and restaurant activity. Land Use: Residential, retail, and office uses should be permitted throughout downtown so that Denton is able to respond to changing market dynamics. Procedures: The FBC-established process is important to the success of attracting high-quality development and investment. The process should blend speed of staff review and approval of properly-designed projects with the input of a third-party Urban Design Officer, who is familiar with urban mixed-use, pedestrian- oriented development. This independent professional can both advise the city and work with the developer to ensure that development will contribute to the vision for downtown Denton. HAPTE - Top r � � Midd/e �� ;- — � '■�� . � ��Fi �,� : Base � - - -a� Building Fonn Exhibit 4.2 Bicycle Accommodation Photograph 4.3 : 1�,�� _ / Parks and open space are the livability elements that support a high quality of life in downtown. Existing downtown park and open space features were assessed and were determined to be of average-to- above-average quality and quantity for downtown's current, limited number of residents. Exhibit 4.3 shows these features along with recommendations for improvements. Additional resources will need to be provided as future downtown growth occurs near Quakertown Park and the proposed DCTA transit center. L— r- � � � � % / � ��. � � _ - __�— }� � � � - c inne t. �� e n N _ U � Zone For � I Future _� _ LJrban f'ark L _ � Quakertown Park �� Parks and Open Space P/an Exhibit 4.3 -� Legentl � I�..I Gzand $[r@e4 I Hickory St � i�rimary Stren� C�ak St, Elm S9. Lncus! SI Mewg Slreet Pecan Sl. I AUStin St� Wgl�lui 51. I � Cedar 51. �',� I + � i! Po[entlal Large Uutddor � �� MusicFArls Yenue il � i / !i P6f4Nt121 SRl�lf Clutd6Cf '°�,��a� MusiciA�ls Venuc I � � I' � �� Zone For Future Urban Par�C � ).,� � J . j '`�, � I��' Y� — `a*. � a.. � Priority Recommendations: C1: Create a series of Urban Spaces - pocket parks, neighborhood parks, and wide pedestrian sidewalks C2: Create Music and FineArt Spaces C3: Implement Quakertown Park Master Plan HAPTE Photographs 4.4 and 4.5 show examples of park open space and Jazz Fest at Quakertown Park. Components of the existing and future park and open space network include: ; �� Urban Open Space �'"�^ `� b • Pocket Park / Venue _��;� _ . ,� ;�' j:� ,�;.:� 4'� � � • Pedestrian Sidewalk �-�..-- • Street Music Venue �"� " ^ Neighborhood Components • Denton Courthouse Square • Neighborhood Park • Pedestrian Trails • Bicycle Network Regional • Quakertown Park • Multi-Purpose Venue In addition, Denton should leverage its unique local history of music and arts and the current music and art programs with UNT, TWU, and DISD to establish a downtown entertainment series, using: Small Outdoor Venues • Pocket Park / Venue • Pedestrian Sidewalk • Street Music Venue Large Outdoor Venues • Quakertown Park • Significant Streets • Expanded ROW • Pavilions • Band Shell ..X. Open Space Photograph 4.4 �� ,� � �.. ,�,; . �. Jazz Fest Photograph 4.5 : 1�,�� _ / C. [� >fi d A Jewel of a Resource Great downtowns include an exceptional park as an open-space green amenity. Quakertown Park fills that need for downtown Denton. Quakertown Park's trees, water features, and quality civic buildings provide an outstanding set of natural and manmade resources. Both downtown stakeholders and Denton citizens use Quakertown Park. Revised Master Plan The master plan for Quakertown Park was revised as part of this DTIP to reinforce recommendations supporting downtown's projected growth. The revised master plan was developed with input from Denton's Parks and Recreation Department staff during a day- � � Gateway Gateway ',J: JJJJJJJJJJJJJJJJJ •,�; J J i `:: � J Passive ,,,,� � J J �� . ' , i '` � �m�� J . , .� J ;s , J � � � J �'� � �.. � - , ,,, � - Park Portal 1� � .J " J .� f � mphitheate J �:. , i J � ,. � J ,� �..; ) �. � J � ;�'""� � � n J „�. � ..J � � � 1 J � • �I "1 � � �Y J � , }'�� ` , �� H�t F i � � �� : � �,a � � � � � � � - J � � � k� � , ' "�.� ; 4'�, � Pavillion v` � J � , �, ., , ` � �r� � �,.�,� �,' �` ,�"JJ`� 1� �J J � �,� � � �. ��' ,�� --� i�� ` ` � �'� - - �� J � .J �- J � '� _ �-c , ;, � ,� ', �J "`) J � �>.� �i � ` � ` ` ,� , � ,�,_ � J ) J J ' �! •-' � �'� « '� ;•,�b 4� ' J � '!�� '�. . - i:. � . J' ` ,Y �� , �� #. , '� J J � J J J �"' ' � �� Library , ' J Gazeb J � � �:� t� `�� 1 J 0 .p Gateway � � � -r ' ' � Lakefront ".,: ,� �j •'� I � 1 �r=� � ''� � ' � '� ,,��> �, J ) -� JJ J _:� , � � .1" � Gateway'�' � J J J'� !�� Natural StreamJ,.,.lf J � Brid e � � ' g a `� `.... � J J G..J a� ,�, � � ,,, r .J �•P�e�rf rmar�� / f Q ; &' . �/ ��F � � .� `; � � J J � —., � � �' ;� � .r J .r% J , �� , I� f � ' , I,,' , Civic Edge J J ` ' 'c JJJ_/JJJJJ J " � JJJJJJJJJJJJJ. �� "� Park Portal '�' Gateway � ! - �� — -- �� !1� � Quakertown Park Concept P/an Exhibit 4.4 ��s � _.. . �� w_: / � t� � '�'�'� �J. s��a ��==� �a.. �!a �� C HAPT E R _, __ --�; — _ long work session conducted at the Civic Center and several of additional meetings. The revised master plan divides the park into several zones, each of which is focused on a specific user group. Several zones within Quakertown Park serve multiple functions. (See Exhibit 4.4) Goals and program elements were established to guide future design changes in the park. The most significant recommendation involves removing the northern creek because it is a barrier between east and west amenities. This short run of the creek can be placed in a box structure and covered with earth. Also, the southern creek needs to be naturalized by removing the existing concrete channel for its full length through the park. The following set of recommendations summarize the changes: Park Goals 1. Increase connectivity between the park and downtown. 2. Enhance landscaped green-space in the park. 3. Create new vistas within the park. 4. Use water features in the park to reduce downtown flooding. 5. Increase parking without adding any additional hard surface. 6. Establish a more secure environment in the park. 7. Provide quality landscaped park edges (perimeter treatment). 8. Provide a permanent performance venue. 9. Upgrade the infrastructure for the festival components of the park. 10. Promote the park as downtown's "Central Park," the city's signature park. 11. Provide for citizens' year-round recreational needs. 12. Celebrate the legacy of architect O'Neil Ford, who designed City Hall, Emiliy Fowler Library, and the Civic Center. 13. Increase park users' enjoyment of water in the park. 14. Provide opportunities to recycle specific waste (plastic bottles and aluminum cans). : 1�,�� _ / Park Program Elements • Heritage tree preservation • Pedestrian trail network • Amphitheater • Large-group pavilion • Upgraded kids playground • Spray water play feature • Gateway and park portal entry features • Landscaped perimeter treatment • Landscaping and softening of existing parking lots • Lake water feature (to lessen downtown flooding and to provide an important pedestrian amenity with a hard edge on one side) • Large civic space for gatherings • Passive recreation space • Public restroom facility • Infrastructure upgrades (power, lighting, water, and sewer) �J. s��a e � ��._- — � bSl��P; 7 'K+.. _ .. � . , �� _ � J J '� � - y . `, j ',GazQe� J _ � '.,_ � Lakefront � 1 � � � J '� r J n�J' � �B . � �f . 3f�C� � J•J _ J �, Lakefront The Lakefront zone brings the Civic Center and Senior Center areas together into one area focused on a new lake amenity, which will help to reduce downstream flooding. This lake will include a hard edge around the lake and a park structure for small performances. Photographs 4.6 shows examples of proposed lakefront development. Potential future design modifications for this area: • Lake water feature • Passive recreation space • Large civic space for gatherings • Landscaping and softening existing parking lots �� - , ��- � _.. � _ ��, �� LI ` - � �� J � J � � J � . J � Library _ `1 J �,�'� '��., >>�� J rJ Natural Stream�.Jl� � Library L akefron t Photograph 4.6 HAPTE � �;" �� '` . `. \ � �` �,� � � � � ,-;� " �^ r= � '��z u _� " � � ' �' � ''� � �' _ _ � -r= �I ��_"� � _ -LL �- ��-�,y_ - � �� -- ------ � �-� ; .. _ ,, g_:<� The Library zone should better support the Emily Fowler library functions and offer outdoor learning environments. Naturalizing the stream channel to the south of the library will make proposed pedestrian seating and overlooks more appealing, and will provide sustainable solutions. Photographs 4.7 shows existing and proposed examples. Potential future design modifications for this area: • Passive recreation space • Landscaping and softening existing parking lots - �_a. �� = - -�._� �,�" . 4 . °� ,;�„��`,�w �� !l� Library Photograph 4.7 � � / �� _ ,� � : 1�,�� _ / r„�� -,, >� � � � J, - Natura�l _S�tre.arm� .� '� G'�a�deN � .� .��rmagc� `),.-'=J __, I � .� w Civic Edge , Garden/Performance The Garden/Performance zone provides a quiet garden environment and it also functions as a"music in the trees" setting during large festivals. Photographs 4.8 shows examples of garden/performance environments. Potential future design modifications for this area: • Passive recreation space • Large civic space for gatherings �- � n ^ . � �� ` �� ;� ��" > �#� +�? t� . .�'' � ��"�- v ;��i:,.� . ti :"� 1�� y; � �.�, r �, Iq_ �+� �33 .. • �� C4 � j,�' �.: �� , . . a�.�y 1 «: � �L�± �� 9 �. _ �' � , �,.,. , � -a ,Pg, . � , rr _9 � , �.�:' .ee� .g T , ", �y�,.�. x : � �.�,— _ - — J ) +, N �� f� �thea4 >� ) � � � .,� J � �-,, � . ��}/ J - J "' � � �Pavlllion � �� - � -> > � � �J ��- �, J �� .� J, �� - w. �' �` � � � Garden/Performance Photograph 4.8 Park and Perimeter Edge R � �" Several park and perimeter zone treatments may be incorporated into Quakertown Park. Photograph 4.9 shows different park and perimeter treatments. Not all programmatic elements are contained in a single zone or a group of zones. The following Quakertown Park zones will include each of the listed program elements: • Heritage trees preservation • Pedestrian trail network • Gateway / signage features • Park portal entry features for pedestrians • Landscaped perimeter treatment • Infrastructure upgrades • Required ADA modifications �� :"�o''�.. - x . .w� � � ;� --�[�_" �_ � � r�. �� - �: x ��" �? �F. ° -- — ^ f�� _ `. . - � � _,., �. Park and Perimeter Edge Photograph 4.9 � ).,� � J . j '`�, � I��' Y� ' 6ew. � a.. � �, �, . _ r ,� � � T� �theat� >� ) � � J "'J '� J -�. � . J - /1 J "' � � avllllon � � ✓ � � - �� J �� . J i� . V' W' J, Pavilion/PerFormance The Pavilion/Performance zone includes the lawn that is created by enclosing the northern creek in a box structure to better accommodate east west movement in the park. A new pavilion is proposed for the lawn to provide additional venues for family events and smaller gatherings. Photographs 4.10 shows examples of pavilion/performance venues. Potential future design modifications for this area: • Large-group pavilion • Spray water play feature • Passive recreation space • Public restroom facility (amphitheater or pavilion) ��- '-,...�� `fr ."+ ,� ;;c } y:.= ny �"�'�- .. � _ � .. �i°� ��e��' � � . f J� ,�� -� ,� �.- � � � ,�-- - =� - �.� � �� 'JJJJJJJJJJJJJJJ. I I Passive I � ,� � � r,-' -- �, tJ _ � � � mphitheat� iJ ) � i , ,, ;�' �Q ...-� , � ' � . Passive HAPTE � Pavilion/Perfonnance Space Photograph 4.10 A soft, green landscape is the predominant environment for the Passive zone. Photographs 4.11 shows examples of typical passive park spaces. This zone can also support an improved set of children's play structures, for residents. Potential future design modifications for this area: • Passive recreation space • Upgraded kids playground � � � �;,{. � � � �'�_�� .,� ,. w �e . �iruT nrn `�� s�l�_�';y ._-_ `v � '�j �t , .:; : � � ' • � �� r � ' F �_. -,-. �t ,!�^f, � �; %� �, , � ��,z �:. , ,1 �� ,�. F, �_. l� ' R"� ' • �.' _.. �'- - �� j,. ..,�, V �`« l��r�, ��'"-� Passive Space Photograph 4.11 �'� ,�g ' � � �� r., ':.c,t� __ . �_�� ,� �".�d„�� : �� •y � �4�„�P,---, .._ . ��-��s : 1�,�� _ / Passive � J J r J� , t� `�' mphitheate � j, � { ��', �avillioo � � �� ) , ) J J ' � '..� J , J � ) J_ i.-� i l .� �� `i � � J J J J J J J J J J J J J � J J Amphitheater/Performance The Quakertown Park Concept Plan creates the location for a large civic amphitheater in the current location of the municipal pool. The swimming pool is challenged with growing maintenance issues. Use of the pool will continue to decline as family neighborhoods increase in locations away from downtown. A community focused amphitheater venue for festivals and music events is proposed as a replacement. The amphitheater will need to be designed to function well for a large crowd and also as a park element offering shade during non performance times. Photographs 4.12 show examples of amphitheater/ performance environments. The facility will need to accommodate ticket sales, audio and electric needs, performance lighting and security. This overall zone should also include the future development of a public restroom facility for park patrons. Potential future design modifications for this area: • Amphitheater • Large civic space • Public restroom facility (amphitheater or pavilion) • Landscaping and softening existing parking lots �� . � . Y7S�'� i_._ ..—_ °_ �—� �in��us.��n.' � �— �r-��r.r+*c�a+. ��'-.'^- Amphitheater/Performance Photograph 4.12 The suggestion of removing and replacing the pool from Quakertown Park was a topic of much discus- sion during our design review. The only way we could consider converting the pool to an amphitheater would be to fund the construc- tion of a new pool, close to the existing site or in the southeast section of town. We would not consider permanently closing the Civic Center Pool without first constructing a suit- able replacement that would serve as an affordable aquatic option. �, � �� )-.� ' � . � '� �_ , - ��. - `,,. .: � J�.,.��' J � .J .J '�'� �G�ardenl .i .+ �rf rmagc� � `�-'�=� --1 1-`� Civic Edge JJJ _,JJJJJJJJJJJ Park Portal Civic Edge The Civic Edge park zone has the greatest direct connection with downtown. Making this zone attractive with easy access to Quakertown Park is important to future adjacent residential uses. This zone includes a proposed park portal feature which will increase pedestrian connectivity; the crosswalk linkage to downtown will require signalization. Photographs 4.13 show the typical type of settings that will be designed for this zone. The Quakertown Park Concept Plan recommends the removal of the existing Denton County office building. The building is small in size and viewed as inappropriate for the park environment. Downtown will benefit from the expanded green edge across McKinney Street from new mid-rise residential and mixed use development. The recovered landscaped park will support pedestrian walkways, public art, benches and, potentially, a future dog park for residents. Potential future design modifications for this area: • Landscaping and softening existing parking lots • Accommodating passive recreation space Civic Edge Photograph 4.13 HAPTE <` �� r� : 1�,�� _ / A wide range of architectural styles can coexist in downtown. A list of contributing downtown buildings and architectural elements has been defined as part of the DTIP to be used along with the FBC to guide the design of new buildings in downtown. Photographs 4.14 and 4.15 show the range of downtown buildings that create a palette of contributing architecture. These buildings exhibit a quality of design, use of materials, relationship of place, pedestrian linkage connections, and a supportive public realm that warrants their inclusion. Photographs 4.16 highlights downtown architectural elements that reinforce the contributing characteristics of downtown buildings. �: � ��#� �, `� -� � -� �s� — -:; � ''� �'��. �: J �a� �� , , �.�Ll:' I�I\�� .�� :s G �I �' 4 •� 1 , v ��_ i �__ r,� � ��~ � �. �� 1 I- - � i� �'r _ k � I ,� 111 � � I' I 1� ` i I i ' a � ni ,a �n � , _ `'��:k�.:� � �ti; , ��, , � � — � �i -��-__ -- `-�' �� :�;: � . � �-�� I :3:�.� _ .. , ° �. . � �� • � �-��Z ��''' . . �� Contributing Architecture in Downtown Photograph 4.14 �� i' � - Priority Recommendations: D1: Formally adopt DTIP report which defines: Quality, Place, Environmental Design elements D2: Establish LEED rating goal for all new development D3: Submit DTIP for LEED neighborhood certification D4: Follow Tri-partite architecture proportions Downtown Architectural Components The following listing outlines the components that need to be reviewed to achieve quality architecture in downtown. These components and relevant recommendations, many of which are communicated through images and photographs, set the tone for design, place making, and the relationship to the public realm appropriate for the development of downtown. � _-� , - r*..�.�n:. _ .� - -_�v � �NOAiMifXA3 � M6FNCLFSPFCIALISfS i �AUrn� � �� I �� v';I�^ ' ��'� �ti ,� �. (� _� ..� � - � •— � _.'� _ � � �-z,,,� }. £ - �� , s �,� �. �;F, �.�� ,,� �� ,�� ; � .., /�� t - �? , � -� ; � i , �� '� . � ,� . . fr"� �_�..:a. - , ` � , �_� � �� Contributing Architecture in Downtown Photograph 4.15 HAPTE - -- � — ' ��.�.. .� � - .v � - � - _ _ „ ,�,. . � - : _ --�_w +—��.� ,�� ___ . ___ b �� _ _ r �� y-- �� '�� J �� ` � � ' �S=o � ��+ `=� v.� I� � � r�.�"l ° . � , ..t. _ ��. # �-__ ,�� : �� s�,".�,,� � � ��", t �� - � r . • � �„ .N. ,:^ �, � �� I�� - - --- = � � � �� : 1�,�� _ / 1. Quality • Design • Materials • Proportions 2. Definition of Place • History • Culture • People 3. Sustainable • Buildings • Neighborhood (Downtown) 4. Traditional vs. Modern • Style • Characteristics 5. Safety through Environmental Design • �ndows • Access and Views �� ,� � .. _ ,? � —:.,.,�.—.: �., � �..� _ ��C `! _ .�. � - . � � _ -�'_..- ,._, �� 5� � / � � z` E �-� , _ - � �� 4 :'# r . ��\ '°S ``'. � \ .� `� ��. s !'_.. . ',: � - -.. _ � °��- . - . �L '_ ��` . . . . � . _"' __ .`� �__ ' � . . � _'~`_ �___-__�, ~f: e - _ _ - _ � _ � _ � � � ` �� r�� . _ ,�� :-� f ,, <<� � � �� ~� ; .. � . � � � �. e ` �� <: , � � �" � �� 4 "�� _ ��.� � � �� I 1��3v.� �5�� _pwT�s�egi_ss.ffi1 f. � �" ��.=1 J��Iauuen _ ��..��. � i . . - _ v '-' �� .:� ° � � � � — _ mmnuinm —. � � �r� �'� �'°� — i,�- �`- �� , ,, �r,,- � _ `� ; \ \ = ,.� ��(` -. - � . /��'"'�' ► ' �� '� ` , �� I 1 i � /% I `�+-�i'- L��_. C i'^.F � - � _�Qr { - _ �iuuir = — 1■1 ._ , .�... Contributing Architecture E/ements forpowntown Denton Photograph 4.16 �J. s��a ��==� �a.. �!a �� C HAPT E R _, __ --�; — _ 1. Quality Findin — Downtown contains a significant amount of quality architecture. New construction needs to build and add to the quality of existing architecture, primarily through three different measures of defining quality, namely: design, materials, and proportions. Quality architecture is based on excellent design produced by an architect using quality (durable) materials working and detailing with proper proportions. Recommendation —Any materials local to Denton that create durable, high-quality buildings may be used, rather than limiting new construction to a specific list of materials. Architects working in downtown need to follow correct proportions for building facades. The architectural elevation in Exhibit 4.5 and 4.6 are marked to show how several of Denton's downtown buildings display the correct use of the three quality measures of design, materials, and proportions. 2. Definition of Place Findin — Denton and North Texas provide an environment which celebrates places. Many downtowns are weekend retreats for shoppers who are seeking a unique experience. Architecture can support these activities making downtown Denton a marketable destination. �� .��s a��rr ,� ,l,� ,�' �, � — f.. � _ _..�== `y:�i �a �� ,. . . r . � ��iNrlrir� n8 �'nn�i� nr no ��'ia%?. �J LJ � �. .� �' 03� �' _ I i ..'='i -�, "� ` �; � � -_ ' r •--i* - - _ � �sr-' � �� •�- ' 114{USIC • c��ce { ' �A1Nl1 ■eQ ` � � I� _ � _ � � �,p _ '� e 1 _ .. - -�� _ ^ . � ' • !� -`* ° _` • , ,.� .. � ` Y,� J� �. `�� __. Elevation Defining Correct Use ofElements Exhibit 4.5 : 1�,�� _ / Recommendation — Removing fake facades that are not architecturally correct will help establish downtown Denton as a truly special and memorable place. Some existing building facades harm downtown's image in several ways: 2 3 Fa�ades that are "slipcovered" and hide the original farade, which better defines the integrity of the building. Fa�ades that lack scale and that are constructed of poor quality materials. Facades that lack windows that define scale, height, and proportion. Blank walls are a poor choice for all downtown buildings. 3. Sustainable Findin — If the built environment is more sustainable, downtown Denton can generate more economic development and improving the long-term environment.. LEED is an internationally recognized green building certification system, providing third-party verification that a building or community was designed and built using strategies aimed at improving performance across all the metrics that matter most: energy savings, water efficiency, CO2 emissions reduction, improved -- -. ,. -- -- _ _ �� _.._ .__ . � - . _ .., -. -- -- . . ; y �� _ - � =_> �a� wu�r ��. �rrr �� aae� ��4 --� - - - . , * . � !1 �f � �T � . .. � � � I�' .- - ��;�.r��,, ' � ��-_ _ _ - -- -- - -.. - ° - , ��-- � �' � .�=, _ - �G=.-. ..i�...._ �_,�. � �. _.'�!'^"'""""'.°`.w.°�°.. � � _....�_ r�' ' �.-..� . 'ir�.��`-i � � � �e�� i , Elevation Defining Correct Use ofElements Exhibit 4.6 �� e � �,__� _ �,,. � a •�Y_ ,� C HAPT E indoor environmental quality, and stewardship of resources and sensitivity to their impacts. LEED, which the U.S. Green Building Council (USGBC) developed, provides building owners and operators a concise framework for identifying and implementing practical and measurable green building design, construction, operations, and maintenance solutions. Sustainable building strategies should be considered early in the development cycle. LEED is flexible enough to apply to all building types, commercial, as well as residential. It works throughout the building lifecycle from design and construction through operations and maintenance, tenant fit out, and significant retrofit. In addition, LEED for Neighborhood Development extends the benefits of LEED beyond the building footprint into the neighborhood it serves. LEED for Neighborhood Development is a collaboration among USGBC, Congress for the New Urbanism, and the Natural Resources Defense Council. Recommendation—All new downtown buildings should be LEED-certified. (See the Exhibit 4.7 LEED certification symbol.) The city should work with downtown property owners, local developers, Denton County, and DCTA to define the desired level of LEED certification. Buildings LEED-certified buildings are located and designed to • Lower operating costs and increase asset value. • Reduce waste sent to landfills. • Conserve energy and water. • Be healthier and safer for occupants. • Reduce harmful greenhouse gas emissions. • Qualify for tax rebates, zoning allowances, and other incentives in hundreds of cities. • Demonstrate an owner's commitment to environ- mental stewardship and social responsibility Neighborhood (Downtown) Recommendation — The DTI P should be submitted for USBCG LEED certification once the city adopts the DTIP, which was developed to be in conformance with LEED principals and guidelines. The LEED for Neighborhood Development Rating System integrates the principles of smart growth, urbanism, and green buildings into the first national system for neighborhood design. GREEN BWLOING LEE� UELIVERS ir�P�cTS R�su�Ts L E E O �i LEED Certification Symbol Exhibit 4.7 : 1�,�� _ / � : �� ' ';- ,d �� sr� � 1 1 � � —� � — � _� ��"� �� ' I�—�� : Non-Contributing Architecture Facades in Downtown Photograph 4.17 4. Traditional vs. Modern Findin — Modern architecture, like traditional architecture, exhibits both good and bad design examples. Downtown has more good-quality traditional building stock than good-quality modern structures. Many of downtown's modern buildings break basic design principles. They use poor quality materials; they do not follow tri-partite architecture (distinct base, middle, and top); and they fail to use proper proportions. Photograph 4.17 shows some non- contributing fa�ade treatments. The following buildings of modern design in downtown Denton are excellent buildings to serve as role models for future development: • Main Fire Station Expansion • Denton City Hall • Civic Center Recommendation — Downtown buildings should be of either traditional or modern design, reflecting in either case, the three basic areas of quality: design, materials, and proportions. 5. Safety through Environmental Design Findin — Many times, crime occurs in environments that more easily support illegal behavior, such as in poorly lighted areas, areas where views are blocked, or areas on dead-end streets. Downtown Denton, like most downtowns, currently has some of these unsafe environments, based on careful observation, that need improvement. Recommendation — Denton and a downtown parking authority should develop a program to review sites, and mitigate environmental safety design. These corrections may include: improving parking lot lighting; replacing lamps in light fixtures in a timely fashion; requiring pruning of landscape material to increase sight lines; and improving pedestrian lighting along streets and sidewalks. �J. s��a ��==� �a.. �!a �� C HAPT E R _, __ --�; — _ The City of Denton and Denton County Transportation Authority are working to create an intermodal transportation center serving Downtown Denton. In order to plan for future transit supportive development in the Downtown Transit Center area, the City of Denton has begun a planning process, to understand the impacts of new transit service on current and future development. The resulting "Transit Oriented Development" (TOD) plan provided the infrastructure and open space framework and building typologies for a new mixed-use transit community of sustainable development. This plan and study was completed for the City in the Fall 2009. The study area includes approximately 38 acres within a one-fourth-mile radius of the station location. The one-fourth-mile represents the ideal walking distance to transit and the general influence area of transit on a walkable development. Proposed land uses in the area include expansion of public services, higher density residential, retail, and office uses. Sustainability The TOD plan was developed to be consistent with the elements of sustainability as defined by the North Central Texas Council of Governments (NCTCOG) in their Development Excellence program. These ten (10) principles provide a guide for private and public development in and around the new transit center. Energy use and resource efficiency of the new pattern of development is important. The sustainable elements include the following: 1. Development Options 6. Environmental Stewardship 2. Efficient Growth 7. Quality Places 3. Pedestrian Design 8. Transportation Efficiency 4. Housing Choice 9. Resource Efficiency 5. Activity Centers 10. Implementation Transit Oriented Development Framework Transit can do more than improve accessibility. Transit is a tool that can encourage economic development, serve as a catalyst for urban renewal, and create a sense of place. Access to transit can support the building of sustainable environments where people : 1�,�� _ / ax x�avy � Y _ � x.»�n a��.. � . vo�G. W �F� �' . x��:.�K � �: can live, work and play. Transit oriented development (TOD) is about creating opportunity for businesses and residents. Capitalizing on these opportunities requires a broad vision that supports the community's strengths and weaknesses, and a financial and implementation plans which responds to the community's needs. �� I � � *A! I �. ...i � Y 1 �I I .d„+ �' � �� ._�. � � / � ,:. CJOfl4��C44J � ..�:; 6 �4 WflffilOC4 �� • � 1 �� c�¢ � ��a � ,�,. nc�a� Qu�n¢ cu�o�a � c � �� '� � ` —�� '' i i � ; ± ��% ' TOD Districts Exhibit 4.8 � � :,1 � �- � �� ,� � �,� �� ' , � -� � , _ � _._ _ . _ — — FCFIN�LflEFM �" � � � '—,'� _ 1 � rl . r _ . � �,>-�� . � _ �I° . . I� c—, – I L . �� 0 - / �_ I$�,�F � n \ 0 w. � uy� I ,�1 P o � � �g�r.i I T� � � ��I � �I � �i '� f�i � od�� I ;��' � ' � � �E LEGEND r FJiUJREJArv[wSSwFFiGxi� . MMEw °E��A;;«;a;A� �E; Paa� o °�zroa��,�,E� � � �. p I p�/ °,:�� t �� ._ _ _. ._. _ I� F-J �� i ` /��`— �' ._ \/ III — — �_ _ � � I � J _ — II �I�, J � JI I _I I . nmovEi�. / _ . ,I '� .. � J I /CFM�EIERY �I� JJ�� ...�.E,, I TOD Future Land Use Concept Exhibit 4.9 Transit oriented development is an approach to land use and development that relies on design and land use practices typically found in older central cities. These design practices include a mix of land uses (residential, retail, office and public service), a well connected street grid, a well defined pedestrian environment and proximity to transit. The City benefits when increased property values translate to higher tax revenues, and the community profits from new investment. Transit Oriented Development Framework The proposed land uses in the Downtown Station area are a mix of residential and commercial uses intended to complement the Hickory Street Corridor and Downtown redevelopment. Building height, massing, parking requirements and other elements will determine location and orientation of related building types. A key land use is mixed use, which is the vertical organization of two or more land uses into one multi-story building. Additional examples of the preferred future land uses and related infrastructure are illustrated in the TOD land use concept plan. � �,.,_ ` �' ¢ `, �w- . �'.. �-, � �J � �\ . / � . c�... �_. � �� _ 1 - _ 1"r�,...., '"'_.�'r-_ e� .g�� •� �..'-r--- �� P� '�;; �►r:.,:; r� iy�, � e��s.k �-,,, i.°��, �i f . ��.e '..� • '_� . ... - ,_. �-: : . ..._..:e..�A! I � .. � � � � —,,..i ..:. . Downtown Recomendations - Infrastructure Based This chapter presents the infrastructure recommendations for downtown Denton, and includes key findings that led to the recommendations. The recommendations are founded on the vision and thoughtful insights of both the public and private sector. Additionally, the recommendations take into consideration the Downtown Master Plan, public involvement results, and existing conditions. These recommendations provide the foundation for the implementation strategies. The key infrastructure components addressed in this chapter are: streets and linkages; bicycle accommodation; parking; and solid waste. �� If f�f�� f�f�� If�'�I�@ � IIII!� �I�i�� i��'��€ if;�ft� ti E . �� r _ .�' " �C ' � j ' _ � �L�� ° �� o'� a1 � o�' �� ,� _ � �_`�= � • � ° _ f _ � ��I � �'i F{f . � d Y �`_" Y R I�:) �4 r qr � � '�i � ' �.�I � � �� , � : 1�,�� _ / Parkway St. Mixed Use One of the primary goals that define the vision for downtown, included in the Downtown Master Plan is: "Downtown should be pedestrian friendly and an enjoyable place to walk. All of downtown needs to have good pedestrian infrastructure, including sidewalks, shade, and calm traffic.", the recommendation to achieve this goal is to create a network of "Complete Streets" in downtown. Complete streets are multi- functional, pedestrian-oriented, aesthetically-pleasing, and safe and inviting for residents and visitors. Redeveloping the existing downtown street network into complete streets will create a pleasing public realm, which in turn supports and encourages a wide variety of new development and investment. Withers St. � 'O N Y Quakertown a p Park m � � � � � i� �%1 u� � � > � C� �o Pecan St. � m ,� � � � � Mixed Use � . � � � � L � � � � � o� ;. Resitlential � � Neighborhood -oakst. � �,; � � �'� Q � - ut ,at. � � � � � � Mulberry St. �° � � Mixed Use�� Sycamore St. Downtown Streets Exhibit 5.0 � � f � T Legand M�ixed llse � Retail At Gratle TOa Are� Residentiad Neighborhootl Street Typss Rrimary Downtown5lreel-1 -17ownCOwnSUee42 �DWnCOW11�J1f0B1-� Secandary Down[own5lreel-4 Down[own5treel-5 �own[own5lreel-6 ra.�te�y Down[own5lreel-7 Down[ownSlreel•'8 Regional -DpwntbwnSlregl•9 Down[own5lreel-10 > Q�� 0 .� � � rea '°r �', DCTA Transit �'� '� Station �; '` ..:;��__— :� -*� ,� �� :,�� i� s'n ��.�. ._ _ ._..,: _. _ - �.� .� �� , �.. Priority Recommendations: E1: Adopt DTIP Street Standards for powntown E2: Modify City Mobility Plan to Include Downtown Street Standards E3: Implement Hickory Street "Grand Street" Project E4: Implement "Mews Street" Program for Parking, Saftey, and Waste Removal E5: Implement Early Action Street and Mobility Items The following are the detailed recommendations and "Streets require vast improvements for major and minor study-area streets amounts of land - in the to facilitate the creation of a complete street network. United States, from 25 to Exhibit 5.0 shows the downtown street grid with the 35% of a city's developed number of lanes and directional flow of traffic identified land is likely to be in the public right-of-way, mostly on each street. streets" Urban Transect A/lan Jacobs, Great Streets The urban transect, (see Exhibit 5.1), involves the relationship between development (buildings), streets, parks, and natural features with the street network. Downtown is in the T5 urban center zone. One of the strengths of the transect is the comparison of physical changes between adjacent zones. _` ��, ; � �''`� <=. �v �+� -' �-�� ! -=y�f_' _-- � (.., . _� 'f'' ��' - -� � ,� � �� 1 �� , � �: ; . NATURAL RURAL ZONE 20NE r]`T�r-7��'r'�.. _ r .:� -- � �i''`� -, � �� ` �� ,, - - , �:r_ ,�, � S116-URBAN ZONE ��_�•+�� . �. � � . ,, � I� ;� ; - - --- I -1� , � , ��' � , GENERALIlRBAN UR�ANC�NTER ZONE ZONE Urban Transect Exhibit 5.1 HAPTER "This plan for downtown is fantastic, we fully endorse this concept for urban streets in downtown which supports growth and economic development° Gary Bailey, PE TxDOT Denton District - Area Engineer � AN CORE E : 1�,�� _ / Complete SU�eet Elements �OWI7i0W17 SiY@@i 017@ NEwROnosecnoN � WORKS IN EXISTING ROW Hickory Street (East of Square) Exhibit 5.2 A:AngledParking DS 1 Hickory Street (East of the Square) B: Public Street Furniture Hickory Street is envisioned as the "Grand Street" C: Private Street Furniture D: Awnings for downtown, linking the Courthouse Square and E: Bus/Emergency Bulb the proposed DCTA transit center. The identity and F: Pedestrian Lighting character of Hickory should include: wide sidewalks on G: Street Lighting both sides of the street, angled parking, and shared H: SU�eet Landscaping travel lanes which are able to accommodate bicycle I: Shared Travel Lanes use, as shown in Exhibit 5.2. Added streetscape elements will create a pedestrian-friendly environment ready to support economic development downtown. �a � �� ,�� y�� S'n � �� . � --� .� ir i� �.. —__� _ � , �I I � i� � �� — �i i � !�� o` ��3 i�;; .. ��\�� L��O' � �'� ' � I I }� �r ' , •;'�., � h � � �� , � � �� ;�!L- . .�r r N .'� J s� ---- �-�� , � � �=�- l �- � � Downtown Street One � Hickory Street (East of Square) Exhibit 5.3 HAPTER -- � � - �- ,��. -_ — — _� ' �;° �---- ,' � -� � � �,�, � � - � i� ,� ---- �- �n, , � ,. � �� z � "'u I �,(..r�, / -- _ I l I i � �� ; �—___ I ---- /* I I � � -- � � i _— � -- ; i 3-D Perspectives of Hickory Street These three views were developed to define the en- hanced character of the proposed street for shopping, dining and strolling through downtown. The 3-D render- ings show the relationship of parallel parking to the wide pedestrian sidewalk, the greening of the street with new street trees and the pedestrian quality of Hickory Street with the added parking, landscape, sidewalks, cross- walks and bulb-outs at intersections. , �� : 1�,�� _ / Complete Street Elements A: Parallel Parking B: Public Street Furniture C: Awnings D: Pedestrian Bulb E: Pedestrian Lighting F: Street Lighting G: SU�eet Landscaping H: Dedicated Bike Lane I: Pedestrian Crosswalk uuwmuwn �ueei �vvu � Locust and E/m � Exhibit 5.4 DS 2 Locust & Elm Streets Elm and Locust streets are keys to mobility for north- south traffic flow. These streets have travel lanes which support slower automobile speeds (maximum 20-25 mph) with parallel parking, pedestrian sidewalks, and bulb-outs at intersections. See Exhibit 5.4. �« : �,�� ;�.. �� °:,r- j�� frn ��'"� � 5 6� SI6EW �vE 4WES � ck� sl � w PRAKING PPRNIIfG 13° 10' 10 7' 13' � �� HAPTER ��E�.uN KI PARnI�G _ � NEWROADSECTION 93' 7' 10'�1@'�7' 13' I WORKS IN EXISTING ROW � �• O � Downtown Street rhree Hickory and Oak (West of the Square) � Complete SU�eet Elements Exhibit 5.5 A: Parallel Parking DS 3 Hickory & Oak Streets (West of the Square) B: Public Street Furniture Hickory and Oak Streets will carry two lanes of C: Awnings eastbound traffic east of the Square and will support D: Pedestrian Bulb a mix of development types. Oak Street will carry two E: Pedestrian Lighting lanes of westbound traffic west of the Square and will F: Street Lighting G: SU�eet Landscaping support a mix aof development types. The street rights- H: Shared Travel Lane of-way will support attractive sidewalks with street I: Pedestrian Crosswalk furniture for retail, office, or residential uses. Parallel parking on these streets will help slow traffic and protect pedestrians. Bulb-outs at intersections with special paving at crosswalks will help define safe pedestrian crossing zones. See Exhibit 5.5. : 1�,�� _ / w � 5�� 1 w _ `# ;� �ES��ppqNGrvc sioEwurc � z a V 1d' 10' �4' 78' 94' � o ` g• � NewROnosecnoN � �. woRKS w exisriNC Row �d� Downtown Street Four Oak (East of the Square) � Exhibit 5.6 Complete SU�eet Elements DS 4 Oak —(East of the Square) A: Parallel Parking Oak Street will carry two lanes of two-way traffic east of B:AngledParking the Square and will support a mix of development types. C: Awnings The street right-of-way will include attractive sidewalks D: Pedestrian Bulb with street furniture for residential neighborhoods. Parallel E: Pedestrian Lighting arkin on this street will hel slow traffic and im rove F: Street Lighting p g p p G: SU�eet Landscaping pedestrian safety. Bulb-outs at intersections with special H: Shared Travel Lane paving at crosswalks will help to define the role of these I: Pedestrian Crosswalk streets. See Exhibit 5.6. J. Public Street Furniture �a � k �� '.�. . i � � '� � ir i� �.. HAPTER Complete SU�eet Elements A: Parallel Parking B: Public Street Furniture C: Awnings D: Pedestrian Bulb E: Pedestrian Lighting F: Street Lighting G: Street Landscaping H: Dedicated Bike Lane I: Pedestrian Crosswalk ; �° �=�- �,�:> - _ _,�n� � ��4 � a .,°�, ?��;; �Y � .� � � � � _ s,� P�� E 1 .�vE��AwE� � �� P� � 3'.. 7�—_ .�� -7p• .7p• p �g'— _13, .g, 3 Downtown StreetFive Sycamore Exhibit 5.7 SI�EWNN Q NEN/ROAD SECTION _13��m WORKS IN EXISTING ROW DS 5 DS 5 Sycamore Street Sycamore Street, which connects UNT with the proposed DCTA transit center, will be designed for all transportation modes, including two striped bicycle lanes for two-direction bicycle travel. Parallel parking on this street will include additional depth for the safety of adjacent bikers. See Exhibit 5.7. : 1�,�� Complete Street Elements A: Parallel Parking B: Public Street Furniture C: Awnings D: Pedestrian Bulb E: Pedestrian Lighting F: Street Lighting G: SU�eet Landscaping H: Shared Travel Lane I: Pedestrian Crosswalk �� , E5 P�Kx� � sioEw A wc un sior,v;.�a a � 9, � $, 90, i0' , S, , �9, - NEwROnosecnoN I WORKS IN EXISTING ROW m Li2' - �3fi'. , Z2� . � �� Downtown Street Six Mu/berry '� Exhibit 5.8 DS 6 Mulberry Street Mulberry Street will carry two lanes of two-way traffic and will support a mix of development types. The street right-of-way will support attractive sidewalks with street furniture for residential neighborhoods. Parallel parking will support ground-floor retail and improve pedestrian safety. Bulb-outs at intersections with special paving at crosswalks will help to define the roles of these streets. See Exhibit 5.8. �� ''�. . f i.. 1� HAPTER :� Downtown Street Seven Mews Streets '� Exhibit 5.9 DS 7 Mews Streets Complete SU�eet Elements Mews streets are the four smaller streets located A: Parallel Parking behind the streets that front the Denton Courthouse. B:AngledParking The four mews streets (Walnut, Austin, Pecan, and C: Awnings Cedar) will be designed to support the delivery and D: Pedestrian Bulb movement of people and goods on the Square. E: PedesU�ian Lighting Increased parking, solid waste screening, improved F: Street Lighting G: StreetLandscaping pedestrian mobility, improved streetscape aesthetics, H: Shared Travel Lane and delivery truck loading zones are addressed to I. Public Street Furniture improve safety and increase downtown economic development. See Exhibit 5.9 (Exhibit 5.13 shows a prototypical mews street plan). : 1�,�� _ / S�pEw,�K P�.��E� ��,�E<<,�ES,,�,� �.zs,s,�F,�� P��'� � � 5'-10' 70' 10L 5' a �4 Y �,��h �__ _ � _ L, �� a°' ;� :, � ,� �5;`�; �- ��;;;` � ��; RAVELLANfS fNVELLAH£SSI�E'J:.�LK � e.5'�10'�1b 10' 3` NEwROnosecnoN WORKS IN EXISTING ROW 4{i� Downtown Street Eight Alley Streets � Complete SU�eet Elements Exhibit 5.10 DS 8 Alley Streets A: Parallel Parking Alley streets are distinctive, narrow streets that assist B: Overhead Lighting in the movement of eo le and oods downtown. The C: Bollards p p g y D: Street Landscaping typically include a row of bollards or curbs protecting E: Shared Travel Lane the buildings and pedestrians with parking positioned between street trees and with street lighting hung on cables between buildings. See Exhibit 5.10. Unit pavers on these streets can add character. These alley streets provide an excellent environment for restaurants and clubs desiring outdoor seating for al fresco dining. - � [�` �s i v . i� �k �� ..+;,,'. 'rii � �';\, '�� ._ _ _ _--.� - � .� HAPTER �RAV[LIRNE � iWVYELWIE I �fNWELIANE � -EO�' � iWV[LLAnt i�tAVELLAU[ 6'-7'' 11'-2" 11'•2" � 11'-1" t3'-2' ii'-2` � i1�2" 99'•8" Complete SU�eet Elements A: Street Landscaping B: Street Lighting C: Sidewalk � ..-. ..-. ..-z ..-. .�-_ ..-_ ..-_ ..-. ._-.° �- f7� 99'-6° -L3•'� NEwROnosecnoN �-`; �;° woRKS w exisriNC Row Downtown Street Nine Regional Streets � Exhibit 5.11 DS 9 Regional Streets Carroll Boulevard and Bell Avenue are regional streets which are, respectively, six and four lanes wide and are designed to move traffic around downtown quickly. See Exhibit 5.11. Safe and efficient movement of cars is the number one goal for these wide streets. : 1�,�� _ / � r, � L � � � U The designs included are offered as a concept reflecting established standards. Of note, these street prototype cross sections were established without the aid of survey controlled information. The concepts presented will need to be modified during the design phase to include specific details regarding: utilities, building property lines, street right-of-way's, buildings prior to redevelopment and other site specific items. Additionally, some segments of existing street right-of-way's may not be able to accommodate the proposed recommendations. This may require securing additional right-of-way property or as noted, a modified design configuration. Mews Streets Prototypical Design r \ � �� \\ � Mews Street Concept P/an Exhibit 5.12 — � [�` �s jv, . i� � �� ., i+, �� `t� �j�} iiis °7.�?� �� r�li ��'".�! �� . 5 .. . _. __, ;: . .��' �� Parallel Parkinc Curb Extensioi Access Doors HAPTER nt-load Solid Waste Container id Waste Container Enclosure ading and Unloading Zone Striping �estrian Access �led Parking eet Landscaping Mews Streets - Trash And Delivery Prototype Exhibit 5.13 Exhibit 5.13 shows how trash and delivery can be handled on two-lane wide streets between parking spaces. "If we can design and � I I ��r build streets so that they �/ � are wonderful, fulfilling _� _ j I places to be for all �� people, then we will have - �. � N liG'� I successfully designed Existing Sireet Hierarchy Exhibit 5.14 about 1/3 of the city directly --- and they will have an immense impact" Allan Jacobs, Great Streets : 1�,�� _ / � � m 0 U � � To UN� — .�=� Bicycling offers a healthy, environmentally-beneficial transportation alternative, which supports mixed-use economic developments and offers a legitimate option in the overall traffic mix. Bicycles are classified as vehicles by state law, and cyclists have the same rights and duties as other vehicle operators. Several types of bicyclists, including those with differing experience levels, ride by choice or necessity and have an interest in using the local street system within and beyond the study area. The study area was analyzed to determine which streets and what methods are most appropriate to provide specific bicycle facilities both to maximize downtown economic development opportunities and to address the burgeoning interest • • To ' : TWU : i buakertown : Park • • •��• � • � • � • � • � � ��• �� i � i � i i �Ji � CKinneY-S��'--�.- . . . _ '1 � �� Pecan St D � � Oak St. _ - -� � ��I�J � � E � oi ,Q � I ' �iickory St_ � �� C ��: � � � O t �� m� c/e Mobility P/an Exhibit 5.15 To TWU •�• L�gend ��,Oedicated Bicycle� I� �_Lane Route fQ � Dedlcated 6icycle I — Lanes to have �� Special �gsign i��+• I CitY & Re9ional Trapl �� Oetlicated B�kcycle �' 5hared Lane Route � I Regianal Roadway � Treffic 34udy Far In.;erseGtlon Design TA Proposed ansit Station �V enton Branch Rail Trail � :.:�, �« ,,J�. Priority Recommendations: G1: Adopt DTIP which defines bicycle mobility standards for powntown G2: Implement Bicycle Lanes on Sycamore Street to DCTA Station G3: Conduct Traffic Study for Specific Intersection Designs G4: Implement Bicycle Signage Program Downtown (Shared Lane and Bike Lane) G5: Incorporate DTIP Bicycle Standards into City of Denton System/Standards in using bicycles as transportation. These bicycle recommendations take into consideration the context of overall vehicular circulation, pedestrian mobility, development patterns, parks and open space, solid waste collection, and downtown Denton's "complete streets" strategy. Approach to Bikeway Evaluation Downtown's current accommodation of bikeways was examined. Traffic counts and accident data were reviewed, and on-site observations were made of the entire street network. The analysis included evaluating accident locations, proposed land uses, parking, parks, and suggested development forms. This section addresses the resulting findings and their relevance to real and perceived bicycle accommodation problems; and it makes recommendations for better accommodating current and future downtown bikeways. Exhibit 5.14 shows the proposed accommodation of bicyclists in downtown. Exhibit 5.15 shows the locations of vehicular accidents over the past six years. The highest incidence of traffic collisions (35) occurred along Hickory Street and the lowest incidence of recorded traffic collisions (17) occurred along Sycamore Street among the east-west roadways. While these numbers reflect these street's higher traffic volumes, they are only a starting point for determining a need for upgrading intersection treatments. Southbound Elm and northbound Locust streets reflect similar numbers of accidents with comparably high traffic volumes, and will require further analysis before modifying intersection treatments. HAPTER : 1�,�� _ / Accident clusters at the intersections of Sycamore Street and Bell Avenue; Sycamore Street and Carroll Boulevard; Mulberry and Elm streets; and Mulberry and Locust streets, for example, indicate the need for further study as the recommended bicycle facilities are implemented to determine if additional signals, warnings, or other traffic controls are warranted at these intersections. While limited sightlines crossing Bell Avenue from eastbound Sycamore Street do not seem to create a disproportionate number of crashes at this intersection, the faster nature of motor vehicle traffic along Bell Avenue and the width of the crossing of this busy roadway may justify adding a signal at this � 5. ��; � �� Legend �. ,�'�,�: ■ a�c � , e r=f t�`�r,: � � �?. �' Stu� ��' � � hI :� �� !n +„,,I �'`��` ;��r�s,�: � � �� , �� :� �� t:"� � � Tra�c Accident Locations Exhibit 5.16 location to assist bicyclists and pedestrians to cross the intersection. Recommendations Overview Dedicated bike lanes for east-west travel are recommended along Sycamore Street, a less hilly route with lower traffic volumes, which connects directly to the Denton Branch Trail, to UNT, and to the proposed DCTA transit center (via Railroad Avenue). Shared Lane Markings (SLMs) are recommended for Oak and Hickory streets because of their right-of- way constraints and angled auto parking. In addition, establishing a 20-25 MPH maximum speed throughout downtown, along with a truly `vertically-shared' bicycle/ :.:�, � �« ,,J�. automobile roadway zone, is recommended to create a more bicycle-friendly environment downtown. A couplet of north-south bike lanes along Elm and Locust Street with an eastward connection along Parkway/Oakland to the TWU campus will provide more comfortable bikeway accommodation through the center of downtown along the Courthouse Square. A third set of bike lanes is proposed to use one-way southbound Railroad Avenue (by establishing a contra flow northbound bike lane). This set of bike lanes will connect the Denton Branch Trail to the DCTA transit center, and to Quakertown Park (via an off-street trail along the north side of McKinney Street). The McKinney Street Trail connects to a north-south bike lane couplet along Bell Parkway and Bell Avenue on the east side of Quakertown Park, which will provide an easier connection for bicyclists between the proposed DCTA transit center and the TWU campus. The latest nationally-approved "shared use lane markings" and related regulatory signage indicating that "Bicycles May Use Full Lane" should be used downtown. Both controls are included in the December 2009 Manual on Uniform Traffic Control Devices (MUTCD). These treatments establish and clearly convey the equal status of bicycles with automobiles in the road-user hierarchy. The only streets not programmed for these treatments are the two regional access roadways at the perimeter of downtown, Carroll Boulevard and Bell Avenue south of McKinney Street. Traffic Control and Advisory Signage and Wayfinding Findin —Accommodating bicyclists downtown will require an enhanced bikeway signage system, including wayfinding signage, as well as the new regulatory signage that clarifies the legal status of bicycles on the roadways. Recommendation —A comprehensive bikeway wayfinding study should be prepared to determine the most appropriate destinations to sign for bicyclists, pedestrians, and motorists. The results of the study will define which destinations to include, the distances from each placement, and the most appropriate wayfinding titles to use for clarity and simplicity. Wayfinding provides sufficient information to aid travelers and visitors to confidently determine which routes reach chosen destinations. HAPTER : 1�,�� _ / Regulatory signs provide clarity of use for both motorists and bicyclists. Part 9 of the MUTCD document covers signs, pavement markings, and highway traffic signals specifically related to bicycle operation on both roadways and shared-use paths. The absence of a marked bicycle lane or any other bicycle- related traffic control device on a particular roadway does not mean that bicyclists are precluded from riding on that roadway. Bike Lane Sign The bike lane sign (R3-17) and plaques (R3-17aP and R3-17bP) (see Exhibit 5.17) should only be used for marked bicycle lanes as proscribed in the MUTCD manual (Section 9C.04). Bike lane signs and plaques should be used in advance of the upstream end of the bicycle lane, at the downstream end of the bicycle lane, and at periodic intervals along the bicycle lane as determined by engineering judgment based on the prevailing speeds of bicycle and other traffic, block length, distances from adjacent intersections, and related considerations. Shared Lane Marking Shared Lane Marking (SLM) signage, (see Exhibit 5.17) which should be used on downtown roadways with a speed limit above 20-25 mph, provides for the accommodation of bicyclists where the street lanes are too narrow for bikes to share side-by-side with motor vehicle traffic. SLM signage may be used to: 1. Assist bicyclists with lateral positioning in a shared lane, which has parallel on-street parking, to reduce the potential conflict between bicyclists and the open door of a parked vehicle; 2. Assist bicyclists with lateral positioning in lanes that are too narrow for a motor vehicle and a bicycle to travel side by side within the same traffic lane, 3. Alert road users of the lateral location bicyclists are likely to occupy within the traveled way; AHEAD R3-17aP = LANE ENDS R3-17 R3-17bP Bike Lane Signs Exhibit 5.17 — � [�` �s i v . i� �k �� ..+;,,'. 'rii � �';\, '�� 4. Encourage motorists to safely pass bicyclists; 5. Reduce the incidence of wrong-way bicycling. "Bicycles May Use Full Lane" Sign "Bicycles May Use Full Lane" signs (R4-11) are an integral companion to the SLM signage (see Exhibit 5.18). These signs may be used on roadways where no bicycle lanes or usable adjacent shoulders are available for bicyclists and where travel lanes are too narrow for bicyclists and motor vehicles to operate side by side. Providing these regulatory (black lettering on white � ,� a" �f � � �� , :.: 1 — � „z ��ne= ,z ��na= ��' � —,�4o��he=_,— Shared Lane Marking Exhibit 5.18 background) signs in conjunction with or alternatively with SLM pavement markings provides a clear communication to both bicyclists and motorists that the bicyclist has a legal right to occupy the full travel lane, and that the motorists must change lanes to pass. Other Signs Other useful signs for the study area include a warning of a Diagonal Railroad Crossing (W10-12) and the Bicycle Wrong Way (R5-1 b) and Ride with Traffic (R9-3c) signage (see Figure 5.7). These signs may be especially helpful for contra flow traffic along the bike lanes on the one-way Elm and Locust street couplets. The Bike Parking sign (D4-3) directs bicyclists to the location of bicycle parking (see Figure 5.19). (Parts 1, � �AY usE FULL LANE Bicyc/es May Use Full Lane Sign Exhibit 5.19 HAPTER : 1�,�� _ / 2, 3, and 4 of Part 9 of the MUTCD include general provisions, signs, and pavement details.) Bike Route Signs The standard MUTCD bikeway sign (M1-8) can be configured (as M1-8a) to include the city's logo and provide numbering for major cross-town bike routes. .• .• .• Diaganal railraad crassing sign �W10-1�j Bicycle Wrong Way (R5-1b) and (section sB.19} Ride With Traffic (R9-3c) signs (Section 9B.06) Other Signs Exhibit 5.20 Destination and Distance Signs Destination and distance signs give key or major destinations with directional arrows and include mileage distances to these locations (see Figure 5.9). Wayfinding signage with distances to key destinations can be very helpful for all road users. This supplemental signage becomes part of a public relations outreach strategy to educate all road users. �' 1I � � ��r� � �I�'t� � � � � �� n� 1-s M 1-a� Bike Route Signs Exhibit 5.21 0 ,;- ,.�,� — � �� , n � �,.�� ,�— � �R `I _ � . L � _ ' 9 - ^� � ❑ �� Hickory and Other powntown Streets Exhibit 5.22 � PARKING �— D4-3 � .�,�; ��n = � � Ep•..n �s fv . �� ii� " .,.i, ' �� Downtown Square Shared Bicycle Lane Finding - Accommodating bicyclists next to the Denton County Square downtown requires a special design treatment due to having standard angled automobile parking on both sides of the street. Cars backing into vehicular and bicycle lane creates a dangerous situation. Recommendation - We propose this one block route(s) on Locust and Elm have a special design treatment. These two blocks need to be dedicated bicycle shared lane routes that transition from the striped dedicated bike lanes. For this one block route in each direction, shared lane markings (exhibit 5.17) will need to be applied on the pavement at three (3) locations (beginning, middle, end) along the block. The following narratives describe each of the major routes through downtown: 1. Hickory and other downtown streets: I�!!�-"�' ""�" HAPTER SLMs are proposed along Hickory Street between Carroll and Railroad avenues extending to the DCTA �; transit center (see Photograph 5.0). SLMs are also ��,, ;; , recommended on streets, such as Industrial or Oakland �� that are too narrow to be able to stripe for dedicated ��°�� i - _ bike lanes. These markings, complemented with the "Bicycles May Use Full Lane" signage, will clearly communicate the expectations for both bicyclists and motorists. Adding two-way SLMs with "Except Bikes" signage on the one-way placards is recommended for the block of Oakland north and slightly east of Industrial Street and for other one-way streets. 2. Hickory Street at the Denton Branch Rail Trail The intersection of the Rail Trail with Hickory Street will need to be further evaluated to determine the mos appropriate method for signing the Rail Trail crossing � Hickory Street at the proposed DCTC transit center (s Photograph 5.1). The final design of the transit center and its parking lots will affect the Rail Trail connection between Hickory and Sycamore street. 3. Sycamore at the Denton Branch Rail Trail Designated bike lanes are proposed on Sycamore Street between the Denton Branch Rail Trail at the proposed DCTA transit center and Carroll Boulevard leading to the UNT campus. �..�. .�::-- Hickory Street Photograph 5.0 „ t_� Hickory Street at Denton Branch Rail Trail Photograph 5.1 : 1�,�� _ / Photograph 5.2 Sycamore at Bell Avenue Photograph 5.3 4. Sycamore at the Bell Avenue intersection Adding a signal or other traffic control device at the intersection where Sycamore Street crosses Bell Avenue will aid bicyclists (and pedestrians) to cross the intersection. Improved crosswalks and ADA ramps should also be included when this intersection is upgraded. 5. Locust (one-way northbound) and Elm (one-way southbound) Bike lanes are the preferred treatment for the right sides of the Locust and Elm street couplet. Right side lanes better accommodate the safety of cyclists to turn right from one of these streets. Limiting downtown traffic to 20-25 mph will ease the turning movement negotiations for right-turning cyclists. Bike lane striping should be dashed between 50 and 200 feet prior to each intersection to facilitate the right-turn movements. 6. Locust and Elm Streets at Mulberry Street Crossing either one-way Locust or Elm streets at Mulberry Street can be challenging during heavier traffic periods. These intersections should be studied to determine if they warrant adding signals. A residual benefit of adding signals at these two intersections may be slower overall traffic speeds, and rendering a safer, more bike-friendly cycling environment, on both north- south and east-west routes. 7. Sycamore Street at Carroll Boulevard Placing bike lanes on Sycamore Street will probably require a signal at Carroll Boulevard. A qualified engineer should study the intersection to determine if a signal is warranted; consideration could be given to employing a user activated stop signal. 8. Parkway/Oakland Street Bike lanes on Parkway/Oakland will give bicyclists along Elm and Locust streets access to and from the TWU campus and Quakertown Park. 9. Quakertown Park Trails should be added to enhance connectivity with Quakertown Park, linking it with surrounding neighborhoods as the park is renovated. :.:�, � �« ,,J�. 10. McKinney Street at Oakland A well-marked or signaled crossing (HAWK signal) of McKinney Street at Oakland Street should be installed to facilitate the connection between downtown and Quakertown Park. This connection will provide area visitors and residents alike with a safe, predictable connection between downtown and the civic resources within Quakertown Park. 11. Bell Avenue at Quakertown Park Providing a crosswalk on Bell Avenue to Quakertown Park will be needed to safely accommodate students and others going between the proposed DCTA transit center, as well as surrounding neighborhoods to the east, and the TWU campus. 12. McKinney Street Off-Street Trail Link and Crosswalks A crosswalk at the intersection of McKinney Street and Bell Avenue connecting (eastward along the north side of McKinney across the freight rail tracks) to a formal north-south crosswalk to the proposed DCTA transit center will enhance pedestrian and bike safety for everyone living or working east of the railroad tracks or west of Bell Avenue. 13. Railroad Avenue Bike lanes are proposed on Railroad Avenue, extending the Denton Branch Rail Trail alignment to and past the proposed DCTA transit center between McKinney and Sycamore streets. These bike lanes will require special care to sign properly for two-way bicycle flow, permitting bicyclists to pass through or use DCTA transit center bicycle accommodations. While a placing a contra-flow bike lane on a one-way street is generally discouraged, proper markings and signage could permit the one- way southbound Railroad Avenue right-of-way to accommodate two-way bike traffic. HAPTER �� - „ �' � �. �� , ,:,� -- . _- _�� _ � -_ _,,..;�..... ��,,;��— ,..�_ -_ . ---� �•�,5�-_��: HAWK Signal Photograph 5.4 : 1�,�� _ / The following items summarize the findings and specific consultant parking recommendations for downtown. Each entry is defined with a statement of findings and the resulting recommendation(s). Exhibit 5.22 shows the parking strategy proposed for downtown Denton. 1. Increase Parking in the Short Term Findin — Downtown currently has adequate parking to serve existing and near-future demands, although 71 percent of the existing parking is for private use and not for the visiting public. Mobility will increase and parking demand will rise within a development horizon of approximately three years of the DCTA rail line opening I�Lantlscape Imprqvements � Future Parking -� SurfaCe ParRing Parking Strategy Exhibit 5.23 :.:�, � �« ,,J�. Priority Recommendations: B1: Increase On-Street Parking B2: Establish Shared Parking Program B3: Enlarge Public Parking Lots B4: Create Wayfinding Signage Network for Parking B5: Establish Cash-in-Lieu Parking Program B6: Early Action Parking Projects downtown. Maximizing parking on-street and on city- owned property presents a short-term opportunity to provide additional parking. Recommendation - Increase public parking by two primary methods: Create additional parallel and angled on-street parking on existing streets. Many of downtown's existing streets are overly wide with wide travel lanes; the cross sections for these streets have been redesigned, as defined in the "Complete Streets" recommendations, to have on-street parking and comfortable pedestrian walkways. 2. Create three public parking lots downtown. Public parking lots A, B, and C(Exhibit 5.22) need to be expanded to maximize efficiency. 2. Establish Shared-Parking Program Findin — The analysis shows that the largest quantity of public parking is located in DTIP Zone 7, which contains 639 public parking spaces, accounting for 13 percent of downtown's parking. This zone has the greatest concentration of public facilities, including City Hall, the Civic Center, and the Post Office. These spaces are not attractive to visitors because their location requires a long walking distance to and from downtown. Recommendation — Denton should develop a shared- parking program with existing property owners to allow daytime parking use with the aid of stickers, tags, or signs along with evening use for shopping, dining, and residential users. In addition, cooperative arrangements with property owners for sharing the use of existing parking lots with the public should be aggressively HAPTER : 1�,�� _ / pursued. The following issues should be addressed as a part of such agreements: • Parking lot improvements, where necessary, including paving and pavement markings, • Provision of signage and lighting, • Liability resulting from public use of spaces, • Maintenance of the parking areas, and • Enforcement of towing. 3. Parking Calculations for New Development Findin — Base Parking Requirements for gross floor area of new developments are established in the Denton FBC and detailed in Exhibit 5.23. Restaurant uses downtown are proposed to be calculated at the same rate as a general retail use. REQUIRED PARKING RESIDENTIAL HOTEL / MOTEL ! OFFICE RETAIL CIVIC OTHER 1 Space per Bedroom up to 2.0 / dwelling uni 1.0 / bedroom 1/ 300 sq. ft. or 1/400 with publicly shared pa 1/ 300 sq. ft. or 1/400 with publicly shared pa To be determined by Minor Waiver 23 To be determined by Major Waiver' Shared Parking Calculations The Shared Parking Factor for two functions, when divided into the sum of the two amounts as listed on the required parking table below, produces the effective parking needed for each site involved in sharing. Conversely, if the sharing factor is used as a multiplier, it indicates the amount of building allowed on each site given the parking available. RESIDENTIAL HOTEL/ MOTEL OFFICE RETAIL RESIDENTIAL 1 1.1 1.4 1.2 HOTEL/MOTEL 1.1 1 1.7 1.3 OFFICE 1.4 1.� 1 1.2 RETAIL 1.2 1.3 1.2 1 Notes: 1. 2. 3. 4. Required Parking may be reduced to the lower amount if at least 80% of non-resi- dential parking is available as public shared parking. Otherwise, the higher standard parking requirement shall apply. Open space and civic space do not require parking. Active recreation or sports facilities parking requirements shall be determined by minor waiver. On-street parking shall not count toward meeting residential parking requirements. Parking Ca/culations forNew Deve/opment Exhibit 5.24 � :.:�, �« ,,J�. Recommendation — The FBC-based parking calculations, shown in Exhibit 5.22, should be used to determine the number of parking spaces required for new development. 4. Parking Calculations for Existing Development Findin — Base Parking Requirements for gross floor area of existing development are established in the Denton FBC and detailed in Exhibit 5.24. Existing restaurant uses may be considered "grandfathered in" and should not need to meet FBC-based parking requirements for general retail uses so that the downtown business community is not adversely affected. Recommendation — The FBC-based parking calculations, shown in Exhibit 5.24, should be used to determine the number of parking spaces required for existing uses, only if they modify business floor area. 5. Increase Parking for the Mid-Term Findin — Parking demand is not uniform throughout the study area; some blocks have deficiencies and others have surpluses of public parking. Currently, the blocks in the center of downtown nearest Courthouse Square (DTIP Zones 4, 5, and 6) have the least public parking. Maximizing the size and efficiently of downtown parking facilities will be important over the mid-term Parking: 1. No Parking shall be required for existinq developments 2. A parking credit for new development shall be granted for any existing retail which has been active for at least five years, in an existing building that is being demolished. The new building must be under construction within two-years. This credit shall only be available for up to two years after the building is demolished. If the new building has not been sub- stantially constructed (as determined by the Director of Planning) by that time, then the credit lapses and the downtown parking requirements are fully in force. Parking Ca/culations for Existing Deve/opment Exhibit 5.25 development horizon (three to five years out). Recommendation - Existing public parking Lots A and C should be enlarged: 1. Lot A— Denton should work to develop a shared- parking agreement with Wells Fargo for mid- term surface-lot usage and long-term garage development. 2. Lot C— Denton should raze the old fire station HAPTER : 1�,�� _ / and partner with adjacent property owner(s) to expand public parking for mid-term surface-lot usage and long-term garage development. 6. Create a Wayfinding Signage Network Findin —An enhanced signage system is needed to support public parking downtown. Such a system is called a wayfinding signage network; it can direct visitors to locations offering public parking. Wayfinding is the means of providing graphic information to aid travelers and visitors to confidently determine the route to reach chosen destinations. It enhances the ability to orient and locate oneself within an area. Recommendation — A comprehensive wayfinding study should be completed to define the type of signs, locations, content, and sign design (see Exhibit 5.25). These signs will be designed specifically for downtown Denton and its points of interest, including public parking and directions to the area's multiple destinations, such as Quakertown Park, the proposed DCTA transit center, Courthouse Square, UNT, TWU, and others. An attractive, recognizable, and unique theme should be developed for downtown Denton's wayfinding system graphics and signage. On-street signage should direct motorists to available parking facilities, and it should lead pedestrians to their downtown destinations once they arrive at their parking location. Available parking locations in downtown Denton should be publicized through parking brochures and maps distributed to customers, visitors, and workers at popular attractions and public places downtown. 7. Establish Delivery Truck Guidelines Findin — Downtown streets exhibit a tight development pattern, creating a challenge for delivery trucks serving clubs and restaurants. A large number of these deliveries take place during the work day, with the driver double parking on the streets near the commercial establishments, which causes delays and dangerous situations for motorist who attempt to pass. Recommendation —A comprehensive set of guidelines is recommended for large trucks making downtown deliveries, including: - � [�` �s jv, . i� � �� ., i+, �� `t� �j�} iiis °7.�?� �� r�li ��'".�! �� . 5 .. . _. __, ;: . .��' �� O 0€5GMRTItlN O dRECUONAL v OI�ECYIDnIAL �.i� . � � ..�. � PEOESTRIAN a STBEET �IREGTI-0NAL SAGN � I �ASHINGTON � 1 .� a Wayfinding Signage System — Prototype Figure 5.26 :�� . �� , ' � ,.� _ � NTa KIN T 3 `:,� Wayfinding Signag� — North Texas Examples Photograph 5.5 1. Locations where trucks can stop to make deliveries 2. Times when large trucks are not allowed to deliver goods 3. Preferred routes for large trucks entering downtown Item 1— Trucks serving merchants in DTIP Zone 5 have two options. First, the trucks can double park in the front of the store during approved times; trucks double-parking in these locations during non-approved times will be ticketed. The second option is for truck drivers to park in the areas identified and striped as delivery zones. These delivery zones are located in the new streetscape designs for the mews category of streets (such as, Austin, Cedar, Walnut, and Pecan). HAPTER : 1�,�� _ / Trucks serving all other DTIP zones need to be in a loading zone and not double parking or violate traffic regulations. Item 2— Large food and beverage delivery trucks will not be allowed to deliver from 11 am-2 pm and from 6 pm -10 pm during weekdays and weekends. This is to assist delivery trucks, emergency vehicles, and standard traffic. Item 3— Large trucks, as defined by TxDOT and City engineers, should use either Carroll Boulevard or Bell Avenue to enter (or pass through) downtown. These two roadways serve as the regional mobility corridors linking into the city-wide network. 8. ADA Parking Findin — Some existing downtown public parking lots do not have ADA spaces identified. Additional ADA spaces will be needed as downtown grows. Recommendation — Denton should redevelop existing public parking facilities in conformance with the Texas Accessibility Standards, and Denton should continually update the quantity of ADA spaces when new public parking facilities are added. 9. Parking Reductions for TOD Findin — The study area includes a large, strategic area for TOD development, as defined in the FBC. TOD, as will occur around the proposed DCTA transit center, includes extensive mixed-use buildings, which require less parking; and less parking is programmed in the FBC development guidelines. Recommendation — Parking for new development within a quarter-mile radius of the proposed DCTA transit center should be reduced by 25 percent, with the exception of parking for a stand-alone office building in this walk zone, which should only be granted a 15-percent reduction. 10. Acquire Strategic Property Findin — The downtown area closest to the proposed DCTA transit center will most likely generate near-term private development, and it will experience pressure for additional parking to support both that development and the transit/transfer facility. :.:�, � �« ,,J�. Recommendation — Denton should acquire additional property in the TOD area to have the opportunity to participate in public-private parking solutions. 11. Parking Calculations for Parking Garages Findin — Parking demand is expected to be much greater in 10-15 years with construction of large buildings. Maximizing parking on currently-owned city property may offer a long-term opportunity. Recommendation — Up to three parking garages may need to be financed and built in phases, as needed, using funding options discussed in this implementation strategies chapter. All parking garage development should be sited with active ground-floor land uses fronting on public streets to help ensure a high-quality downtown pedestrian environment that will maximize economic development potential. 12. Funding / Implementation Findin —Surface parking facilities are often the most economical solution in areas where land is relatively inexpensive. As the cost of land goes up, above-ground parking garages tend to become more cost-effective. Denton should begin setting aside revenue to be able to develop public parking structures as downtown grows. Recommendation — Denton should primarily develop parking lots on land it owns. However, new property purchased for parking may include buildings or other improvements that will need to be demolished. A cash- in-lieu-of-parking program allows making a payment into a public parking fund in lieu of physically providing parking on site. The cost of a parking space for this program should be determined by calculating the construction cost of a 300-square-foot parking space and adding an estimated amount for the cost of land. The resulting sum should then be reduced by 60 percent to reflect the efficiency of use resulting from publicly-shared parking spaces. HAPTER : 1�,�� _ / 13. Early Action Items Findin —A set of early action projects was created to help downtown address parking issues and concerns. These early action items include parking recommendations, as well as traffic circulation, signage, landscaping, and other related features required for a successful parking program. Recommendation — Completing the following early action projects is recommended to help solve downtown's parking needs with a modest investment of cost and time. a. Striping for angled parking on Hickory Street b. Development of parking lot(s) (signage, lighting, ADA, resurfacing, and landscaping) c. Wayfinding signage for public parking lots d. Road and streetscape improvements for a two- three block section of Hickory Street (design) e. Striping for angled parking on Industrial Street north of Mulberry Street and part of Mulberry Street between Industrial and Oakland streets These projects should be completed within a 12-18 month timeframe following the DTIP's adoption. Site design and engineering fees, construction engineering and management, and other similar costs will be required for these early-action projects. 14. Enhance Parking Education Program Findin — Parking demand is greatest between 10 am and 3 pm. The current education program should continue to instruct downtown workers to park in more remote areas, which then allows business patrons access to parking spaces closest to the front doors of downtown businesses. This program needs to be supported with quality parking areas for employees. These designated employee parking areas need to be lighted appropriately for security as do the paths from these lots to the employees' workplaces. Recommendation —An enhanced parking education program is recommended for implementation to define areas for downtown employees to park and to educate these employees on the advantages of parking remotely. :.:�, � �« ,,J�. 15. Parking Enforcement Findin — The two-hour time limit for downtown on-street parking spaces has not been enforced adequately. Stricter enforcement is needed to increase the turnover of parking spaces in the area, which will make spaces available for other patrons. Recommendation — The current parking fine structure should be evaluated and then modified to better deter violators from parking beyond the maximum time allotted. Staying ahead of the growing number of downtown parkers is important, given the close proximity of the UNT and TWU campuses and student housing. An increased fine structure will help achieve better compliance with parking regulations; and it will generate additional funds, which can be applied to downtown programs. HAPTER : 1�,�� _ / Downtown solid waste management involves three primary categories of issues, each of which involves important components, as follows: 1. Environmental Issues • Poorimage Bad odor Glass and grease residue 2. Physical Issues • Dumpsters in the street • Dumpsters on sidewalks • Large trash containers sitting askew to the street • Turning radius of trucks � �t � � Quakertown � Park � � ��,�, � � �� TJ � T J' ✓ T � c inne t. � � r ?J r � eca � r Oak St. J � q r -� � E � is ri � �� L r r _r T r T J ownto Distric T a _ �� TJ — � D a� � Tj � TJT Tj T / T i T f r _ _ _ � Solid Waste Strategy Exhibit 5.27 ��gena ' T� �'SIolicf Waste Gvntainer ��Lvca9ivns _� 51udy Area 8oundry nSquare� �isirict _ ❑awntawn 6ist�ict � �« ��:�' �� :.:�, _ _ _ _ _.� - � .� Priority Recommendations: F1: Conduct Pilot Program F2: Implement Preferred Plan (Location, Type, Pricing for Solid Waste Removal) F3: Screen All Existing Solid Waste Dumpsters in the Square District F4: Establish Broad Downtown Recycling Waste Program F5: Create a Downtown Recycling Center F6: Screen All Existing Solid Waste Dumpsters in the Downtown District � I (� II� �'I " � � � � �, � � , � _ �.�.�� ;� � � �� .� �� / -,� .� � l �� • � � �� J � �� . �� I I\�i''� ; ► � �_,�E, � -,:A —�— — � �� d�� _ . ,. � �-=�° __ �`,� ...� � .. �..,. � Environmenta/ Physical Solid Waste Management Photograph 5.6 HAPTER 3. Economic Issues • Loss of parking • Limited number of recycling containers • Deleterious effect on economic development Summary of Findings and Recommendations A series of recommendations was designed to yield a comprehensive strategy for downtown waste management, based on existing downtown conditions, assessment factors, and stakeholder preferences. The following subsections detail the recommended strategy in six waste management recommendations: «� Economic : 1�,�� _ / 1. Solid Waste Districts Findin — The quantity and density of trash containers is different in different parts of downtown; a higher concentration of trash containers is located around Courthouse Square. Recommendation — Two separate districts should be established for trash removal each with a different removal plan. A Square District is proposed to cover the blocks closest to Courthouse Square, and a Downtown District is proposed to cover the rest of downtown. See Exhibit 5.26. 2. Front-Loaded Containers Findin — Front-loaded containers (see Photograph 5.7) are larger than side-loaded containers. Thus, they can hold more trash and require less-frequent emptying, although their added size makes them more challenging to place and displaces more parking. Significantly, Denton has a preponderance of front- loading trucks, which require a greater turning radius to maneuver and require front-loaded trash containers to be located at an angle to the street in order to be emptied. Recommendation — Denton should use front-loaded trash containers throughout downtown because of their greater capacity and less-frequent emptying requirements. These containers need to be grouped together mid-block and placed parallel to angled parking spaces to permit trash haulers to more easily -�t �..,,� p � . , ° �_ "'��"@ li �� : � � �� , �� Front load container and truck Photograph 5.7 / - , _,,,� _�. .. i1 :. .:�,'L°n-.,. � �« ��:�' �� :.:�, ._ _ _ _--.� - � .� HAPTER empty them. Screening for these mid-block trash container groupings should include full masonry walls and quality metal doors. 3. Side-Loaded Containers Findin — Side-loaded containers, an option for downtown (see Photograph 5.8), are smaller than front- loaded containers, and they can be screened and fitted r�w; Side load container and truck Photograph 5.8 between parallel parking spaces using on-street space more efficiently. The smaller size of the side-loaded containers requires emptying them more frequently, generally in both the morning and the evening; and the city currently has only a limited number of side-loading trash trucks. Recommendation — Denton should discontinue use of side-loaded containers because of their added labor costs and the limited availability of side-loading city- owned trucks. 4. Recyclable Materials Findin — Increasing the opportunities for downtown businesses and residents to recycle is of strong interest to the community. It improves the quality of life for users; and the city has been working to increase the availability of recyclable containers downtown. Recyclable containers are a light blue in color to separate them from the standard green solid waste receptacles. Recommendation — Containers for recyclable material (see Photograph 5.9) should be added in both the Square and Downtown districts. To do so, the city needs to make a policy decision about whether items (plastic, glass and paper) are going to be mixed or separated for recycling. Also, a bulk recycling drop-off center should : 1�,�� _ / I�� b $ f� � �\\�w ro.. ��;� ' .. . �'°'r,. �. '�/!�. r �� ,.. .. . - .y✓. � . Recycle material container Photograph 5.9 be established downtown for downtown citizens and businesses with greater than normal recyclable needs. 5. Trash Container Screening Findin — Most existing downtown trash and recycling containers are sited with no screening; fewer than 10 percent are concealed with some type of screening, primarily chain-link fencing with slats. In addition, many of these containers are located on the street, displacing parking spaces and creating a negative visual impression of downtown. Recommendation —All trash and recycling containers in both the Square and Downtown districts should be screened behind a six-foot-tall masonry wall with hinged and painted metal doors (see Photograph 5.10). The enclosure needs to provide pedestrian access for those bringing trash to the trash container that is separate from the large doors that the trash hauler will use for his truck pick-up. This design and layout should _� , �.� � ��r j��' .�, �,6—� -��`�s �y �lyj� i ;.. .. �� / �'ll �. Trash containerscreen Photograph 5.10 �a � k �� '.�. . i � � '� �� ir i� �.. work well with the proposed downtown streetscape improvements. 6. Solid Waste Strategy — Pilot Program Findin — Establishing a single, solid waste strategy for downtown will require careful planning. Recommendation — The city should conduct a 30- day pilot program in the Square District to determine the most appropriate solid waste removal strategy for downtown (see Exhibit 5.11). The strategy will need to define waste pick-up times for weekday and weekend service and appropriate locations for trash and recycling containers, as well as the location for the downtown bulk drop-off recycling center. The trial program must be carefully planned to properly locate the containers and address their screening requirements. The locations of trash and recycling containers and their screening will need to be defined with painted lines on the street pavement, reflecting future sidewalks and streetscape amenities. The results of the pilot program will need to be thoroughly evaluated to be able to formulate a preferred solid waste removal strategy, which may incorporate a combination of removal systems. The Square District pilot program can also influence the approach to solid waste removal in the Downtown District. A revised solid waste removal schedule will need to be developed and distributed for the selected trash removal strategy. The goal is to provide better service for downtown businesses and residents, while creating a quality streetscape environment appropriate for downtown Denton. � HAPTER � �� o r j : r� � � � � ��%��.5 . M. a"�;, � a �� ,_ � .+5 � � " . _ . , �`7: �+• �� . �a _ � �� ,::. �T:. � �a� ��1 �S� .. :�, � � ��I i . ; .. V�a fc�•—�.�s� --..,. �,.-� , � � r = :,� � _ �;1� �. � � ,� j:-_ t ' � � �;: � _ -_ �_ _�` �� z. �� n Q! �•' ��—i' . _ .. Y�'-+ Solid waste strategy elements Photograph 5.11 : 1�,�� _ / 7. Solid Waste Strategy Downtown District Finding - Some property owners in the Downtown District may be challenged to have individual waste facilities (dumpsters) on their site. Recommendation - In the Downtown District the strategy for solid waste removal is based on the following procedures: First, property owners need to design their site to accommodate a waste facility (dumpster) that is constructed to Code and 100% screened. Second, a hardship option, is to work with the City to define a shared facility to use with a downtown neighbor. Property owner needs to be granted approval as having a hardship. Third, this shared facility may be sited on private property or designed within City ROW. Said waste facility will be constructed to Code and 100% screened. Facility will be paid for by private property owners. Hardship cases will be reviewed case by case. �,.,_ ` �' ¢ � �- . �':: ;:y ,� . � `` ,;� �-, � �J �1 1 � r, , _. �"�; r � �� .:,.. Implementation Strategy �� This chapter presents the implementation strategy to give Denton the roadmap to realize this study's recommendations for downtown. It shows the relationship of the DTIP and its important FBC implementation tool to downtown's master plan concept; it establishes a suitable organizational structure to implement the DTIP; it identifies and evaluates potential funding mechanisms and development incentives; and it details a prioritized step- by-step implementation strategy, presented in a user- friendly matrix format with case studies. This chapter's implementation strategy builds a framework for strategic investment and provides short- and long-term action items that City decision-makers can execute in a tactical way. This implementation strategy is intended as a guide, rather than a controlling mechanism, because downtown is a dynamic, urban environment and part of a larger whole. ,-, ;� ,. ��_� � � � i-� ' � ;� � / � � �"� �� yr�� .,,i ��_ . � �'��, t ' . � � �e ., .�:..- y'�.'{ —T'°� +�� '� �� Y'°' - _:_ . . . .... . . ~ �.Iri� .. � �;. .r±� (1�.' .i��9t'; _ ., �. . 'Yy�. _ ..._ _ 1--- ' � �l l f'� � �;t: ,. - _- m,�i�► �� iI � ,=r::.l �_ , �� I �� 1"r�,...., '"'_.�'r-_ e� .g�� , �..'-r--- �.,, �� P� p� �►i:., ; .�. ,ii�; � � �� . � _I , , _,. _� . �'r �� _ �� - � �� __ � � � ` � II �� —, : 1�,�� _ / A. Master Plan Relationship to the DTIP and The purpose of the DTIP is to detail recommendations and strategies that will further the vision and goals of the 2002 Downtown Master Plan. The physical, social, and demographic conditions in downtown were analyzed in 2010, including new community input, as part of this project so that the DTIP is based on up-to- date findings, which are described at the beginning of this document. Exhibit 6.0 graphically demonstrates the relationship of the Downtown Master Plan concept to the DTIP strategy presented in this chapter and to the FBC, which is an implementation tool to accomplish the DTI P. City leaders initiated the DTIP because they recognize the value of downtown and wish to capitalize on that value for the entire community. Investing in downtowns not only builds financial equity but also cultural and social equity. In addition, environmental benefits accrue from redeveloping areas with existing infrastructure. Consumer demand exists to reinvest in areas where people want to live, work, and play, such as, downtown Dr�wntc�v,�ri Is�r��alco�icntaticrn Plan CUnce�[1 $tra[eyy f Yrnplerner�fation R E_.c. T i C� Pd S?-I ! �' '= �own3uwn Cc�n�ept , u _� Mizea lise PatLern qf 9E4Ebpmrtnt Pe�e9[elan Envl ronment tonn�cted ta the fieqlan wa Rall Intellx[ual Cummunrty� [LINT ik TVdll] MOf�Of�i R06A?i�TSO6 qN � , ,1� � 1 � ��_: _ �'' . � � ��1 � �� Y � .;. i j,i � � �� _ Dawntown Impfemen�ation Plan .F�� - Supporting Cbmponents -Solid WastQ Plan - Quakertown Park - �dCd�YSC pYpJe4CS Concept/Strategy/Imp/ementation Re/ationships Exhibit 6.0 �ownkowr� litt�alementatlon ��C� Form Based Code ��y� �i , � t ��I� � �� .�=- Land Us� $r� Publi� R�dlm — � [�` �s jv, . i� � �� ., i+, �� `t� �j�} iiis °7.�?� �� r�li ��'".�! �� . 5 .. . _. __, ;: . .��' �� va r O w � y CC U � 0 � c� v � V a� � ro v environments. The financial value created in a downtown that has achieved critical mass is contrasted with conventional suburban development in Exhibit 6.1. HAPTE Financial Characteristics of Downtowns with Critical Mass (Blue) versus Suburban Development ( Recl) � 1 2 3 4 5 6 7 S 9 10 11 12 13 14 IS 16 17 18 19 20 Time (years) Soz�rce: Christopher B. Leinberger, Arcadia Land Co. arul Robert Charles Lesser & Co. Financia/ Characteristics of Downtown Exhibit 6.1 Downtown development typically: • Offers a transportation network with choices • Is the model for walkable urbanity • Typically achieves better rent and sale values • Performs well in the long-term (nine to twenty years). Suburban development typically: • Lacks a comprehensive transportation network • Is not pedestrian friendly • Exhibits indistinctive architecture • Performs well in the short-term because it is built inexpensively (peaks in five to seven years). Downtown Denton will achieve critical mass as the DTIP strategy recommendations are achieved. : 1�,�� _ / Recommended Organizational Structure to Implement the DTIP Denton has existing organizations that are involved in improving downtown and implementing the 2002 Downtown Master Plan. The Denton Economic Development Board (the Partnership) promotes an environment that encourages commercial and industrial development for the purpose of enhancing job creation opportunities, providing a sufficient tax base to support household growth, and improving residents' quality of life. A subcommittee of the Partnership, the Downtown Task Force, is focused on getting the Downtown Master Plan implemented. In addition, the Main Street Association (MSA) is a non-profit organization comprised primarily of downtown merchants, which is dedicated to revitalizing downtown through programming of festivals, events, etc. Integrating the DTIP into the existing economic development fabric will require developing an organizational structure that will: • Provide the framework needed to execute economic development for the City of Denton, as well as for new city, business, and residential investment in downtown which are called for in the DTIP • Aggressively engage the private sector to participate in the DTIP • Balance the private sector's need for a highly efficient and effective structure with the public sector's need for transparency and community engagement Goal: Enhance the current economic development system to not only pursue the broad-based economic development objectives of the City of Denton, along with adding more aggressive support for the development objectives outlined in the DTIP (organization, funding mechanisms, partnerships and incentives). Issues: The Partnership, its Downtown Task Force, and MSA need to gain greater capacity to engage private- sector developers, to expand private investment, and to concentrate development expertise and financial :.:�, � �« ,,J�. resources on the near-term development opportunities identified for downtown. The recommended structure needs to be designed to leverage the strengths of the current Partnership (including its Downtown Task Force), the private-sector components of MSA, as well as additional private investment to implement downtown development in areas offering the greatest economic potential. Organizational Strategy: 1. Create a Downtown Development Corporation (DDC), a privately-led, non-profit corporation to focus on real estate development projects and programs for downtown Denton. Either the Downtown Task Force or the MSA, or both, could be used as the starting point for creating an organization with the enhanced capabilities and authority of this corporation. A DDC can enhance the effectiveness and efficiency of the overall development services system by leveraging private investment in downtown Denton on projects and programs with the greatest economic potential or need. The corporation will provide a significant role for the private sector to participate in revitalizing downtown, and it will provide focused support for catalyst projects to generate new income and prosperity for Denton. • The DDC becomes the private, non-profit DTIP "arm," which takes the lead on implementing the DTIP components that the Partnership prioritizes. In essence, the DDC becomes the "owner" of the DTI P. • It is empowered to act as the catalytic developer for downtown and can be designated as the owner of abandoned downtown buildings or vacant land that the city or other civic entities may acquire. • It plays a critical development role, and therefore, needs to have public representation on its board to ensure collaboration between public and private entities as funding for infrastructure and other incentives moves forward in support of private development. • It is a partner with the city, the Partnership, the future TIF (tax increment financing) District, Denton Chamber of Commerce, Hispanic Chamber, Denton Black Chamber of Commerce, and a future public improvement district (PID). HAPTE : 1�,�� _ / C. Funding Mechanisms and Development Exhibit 6.2 (Recommended - Funding Mechanisms and Development Incentives) identifies and describes three programs, which are recommended to fund infrastructure improvements, their eligible uses, and their application to Denton. Tax Increment Financing (TIF) and Public Improvement District (PID) are the two key programs recommended to fund downtown infrastructure improvements in Denton, along with a recommended regional grant program. Downtown Plano, TX was especially successful in using TIF to fund infrastructure improvements capitalizing on its downtown DART transit station (Appendix details the Plano, TX case study). Plano's TIF has generated over $1.5 million in annual revenues, and is projected to generate in excess of $15 million over the life of the TIF. These funds have been prioritized, at least initially, to spur downtown redevelopment. Plano's use of TIF has brought the community close to reaching its goal of adding 1,000 new housing units and 50,000 square feet of new commercial development. In addition, TIF incremental funds have permitted the city to invest over $2 million in streetscape and surface transportation improvements to stimulate economic development. Similarly, the City of Dallas has announced $95 million of investment in the recent economic recession around its most-successful Mockingbird and nearby DART stations where "extended" TIF districts have been established and Council of Governments grants have been awarded (Appendix details the Dallas, TX case study). Dallas DART-related TIF funds are being used to reimburse infrastructure expenditures of private developers, who are building mixed-use developments, including housing, retail, and office uses. PROGRAM NAME & ELIGIBLE USES AUTHORIZING BODY Tax Increment Financing (TIF) City of Denton — Rev- enue Fund or Financing Tool PROGRAM SUMMARY DENTON APPLICATION Publio-Private Applies the value of future (property or sales) tax revenues to the cost of current Recommended — Form Developers: All improvements. At least 50 percent of affected property owners can initiate TIF a Tax Increment Finance i Land Uses through petition, or, as most typically occurs, a city or county may initiate TIF District. when an area is found to "substantially impair the city or county's growth:' Public Infrastruc- ture TIF Benefit: Funds are dedicated to specific uses designed to accommodate and enhance the feasibility of new development, even in the absence of county or school district participation. TIF is a city commitment to the private development community that the city is serious about improving infrastructure in downtown as a whole versus any one property (tax abatements favor only specific properties). Recommended - Funding Mechanisms and Deve/opment /ncentives Exhibit 6.2 E"N"T O ` ' �iX�N 0- _ � � . E;•..�ed, � � - �s � f ei i �. _ � +a. '+�'r :c�` ,. . f� 0 J.� ...�? . i t i s _ � j ., , (�li'� �'"��! �� ' � 5 , ... • ,�:�, __, � .' . PROGRAM NAME & ELIGIBLE USES AUTHORIZING BODY Tax Increment Financing (TIF) (continued) City of Denton — Rev- enue Fund or Financing Tool Public Improvement Districts (PID) City of Denton — Rev- enue Fund or Financing Tool NCTCOG Sustainable Development Funding Program Regional Transportation Council — Grant Public-Private Developers: All Land Uses Public Infrastruo- ture PROGRAM SUMMARY Advantages: • TIF inay create new taxes, rather than simply redistribute existing tax revenues to specific infrastructure projects. • TIF is locally-administered and is autonomous from state and federal involvement. • TIF does not count against a municipality's debt limit. • TIF provides a stimulus for targeted areas of redevelopment. • TIF provides private developers with a city commitment for public improvements or write-down of the cost of land. • TIF provides a way of funding redevelopment from taxes collected in the TIF district itself without raising the taxes of city residents. Disadvantages: • TIF can lead to inter-jurisdictional conflicts when multiple municipalities or taxing districts are involved. • TIF removes local elected officials from making decisions about use of public funds. • Benefits of TIF inay be reduced by lack of participation by Denton County and the Denton Independent School District. • TIF needs a project to initially raise tax revenues in the TIF district. • A TIF district creates another level of local bureaucracy. • Borrowing against projected TIF revenues may be overly optimistic and lead to serious financial problems, if growth does not match projections (construction risk, market risk). As a result, the decision to issue debt versus funding projects on a pay-as-you-go basis should be carefully considered. • Potential property value increases will not generate additional General Fund taxes, and as a result, other properties outside ofthe TIF will be required to pay a greater share of the tax burden. Public Infrastruc- Special assessment or taxing district: ture, Business • City creates PID through petition process. Promotion and • 50 percent of value and either 50 percent of owners of record or 50 percent Retention of the service area minus public right-of-way. Projects Foster- ing Growth and Development (in and around his- toric downtowns and Main Streets, infill areas, and passenger rail lines and stations) PID Project Types: • Construct or acquire public infrastructure. • Provide supplemental business-related services (e.g., advertising and business recruitment). • Limited to project and services provided for in an approved municipal service plan and assessment plan. PID Debt Financing: • City-issued bonded debt. • Bonds issued for improvements must be issued in a manner that complies with a municipality's general authority to issue bonds. Advantages: • Generally property values increase • Money paid to PID-used within PID area • Strong return on investment • PID bond proceeds greatly reduce the need for equity investors - reduces borrowing costs Disadvantages: • PID can become a powerful lobby group in the city. PIDs are sometimes used together with a TIF District and serve as a backstop in case a shortFall occurs in tax increment (only when bonding used, not pay as you go), or they are used very effectively in tandem with a TIF. The Regional Transportation Council, the policy body of the North Central Texas Council of Governments (NCTCOG), created the NCTCOG Sustainable Develop- ment Funding Program to encourage public-private partnerships that positively address existing transportation system capacity, rail access, air quality concerns, and/or mixed land uses. NCTCOG and its regional partners are working to ad- dress air quality, congestion, and quality-of-life issues by allocating transporta- tion funds to land use projects promoting alternative transportation modes or reduced automobile use. HAPTE DENTON APPLICATION Recommended — Form a Tax Increment Finance District. Recommended — PID has been attempted but Den- ton has been unsuccessful in attracting enough sup- port among property own- ers. Recommend building a comprehensive case to demonstrate benefits (protecting property values, maintenance of public improvements, safety, cleanliness, etc.) Recommended — Pursue this for TOD and Downtown Recommended - Funding Mechanisms and Deve/opment /ncentives Exhibit 6.2 (Continued) : 1�,�� _ / Exhibit 6.3 identifies five other programs that offer potential for meeting some of downtown Denton's infrastructure financing needs. These programs are recommended for the city's further study and evaluation of their potential suitability for Denton, namely: Municipal Development Districts; Municipal Management Districts; and the Texas Industry Development Loan Program; and two federal programs recommended for specific funding applications. PROGRAM NAME & ELIGIBLE USES AUTHORIZING BODY Municipal Development Land Acquisition, Districts Parking Struc- tures, Utilities City of Denton — Rev- Upgrades enue Fund or Financing Tool Texas Industry Develop- ment Loan Program State of Texas — Financ- ing Tool Surface Transportation Program (STP) and Con- gestion Mitigationand Air Quality (CMAQ) Federal DOT funds Loan Program for Public Facilities (including librar- ies, police/fire stations, admin buildings, com- munity infrastruc- ture) Parking Struc- tures Municipal Management Commercial Districts (MMD) Property Owners Created Through State Legislature — Revenue Fund or Financing Tool Recovery Zone Facility Bond Federal Government— financing (for infrastructure, facilities, and services above and beyond thosethatthe local municipality provides) PROGRAM SUMMARY Cities may establish municipal development districts through election, which may levy additional sales tax for economic development projects similar to those levied under Sections 4A and 4B. Municipal development districts may be used, whereas Sections 4A and 4B may not be levied in a city's extraterritorial jurisdiction (ETJ) and they may not be levied when a city has reached its two-percent sales tax cap. A municipal development district sales tax has two possible advantages over an economic development district sales tax: (1) the municipal development district tax need not be levied over the entire city, which is useful for cities that are at the two-percent sales tax cap in some parts of the city but not in others; and (2) it is the only municipal sales tax that may be levied in a city's ETJ. DENTON APPLICATION Recommend Further Study — For use in lieu of the 4A or 4B Economic Develop- ment Tax The Texas Industry Development (TID) loan program provides capital to Texas Recommend Further Study communities and eligible 501(c)3 corporations at favorable market rates. The — Could provide inexpen- program supports eligible tax-exempt public-purpose projects that will stimulate sive loans for new public economic development within the community. TID Program loans are available buildings with low cost, variable-rate long-term financing with the term of the loan not extending beyond the useful life of the assets and up to bond maturity in 2025. STP and CMAQfunding can be used to fund transit-related parking facilities, and they can be used to leverage private or local government investment in non- transit-related parking. Property owners may impose special taxes, special assessments, and impact fees, or other charges to property owners within the district. • State Legislature-created • State political subdivision MMD Project Types: • Construct public infrastructure • Provide supplemental services • Use economic development programs • Use any other power that enabling legislation authorizes MMD Debt Financing: • May issue bonds that the statue and its local governing municipality permit • Bond debt is not city debt • Bond debt does not affect city bonding capacity Property Devel- Part of the American Recovery and Reinvestment Act of 2009 opment Financing Additiona/ SuppoKing Too/s Exhibit 6.3 Recommend Further Study— Possible future funding source for parking at transit stations; it is tied in with the NCTCOG program Recommend Further Study —An MMD would be an additional assessment on top of the PID assessment, which would not likely be supportable. Recommend Further Study—Could provide near- term, inexpensive financing for a developer � � Ep•..n �s fv . �� ii� " .,.i, ' �� Exhibit 6.4 lists three additional programs that were considered and not recommended, including the reasoning for not recommending them. PROGRAM NAME & ELIGIBLE USES AUTHORIZING BODY Economic Development Sales Tax Section 4A & 4B City of Denton — Rev- enue Fund or Financing Tool City-County Venue Proj- ect Tax per Chapters 334 and 335 of the Texas Local Government Code City of Denton — Rev- enue Fund Bond Financing City of Denton — Financ- ing Tool PROGRAM SUMMARY Land Acquisi- • Up to a half percent sales tax (cannot exceed two percent local sales tion, Parking tax) to fund land, buildings, equipment, facilities, expenditures, targeted Structures, Utili- infrastructure and improvements for the purpose of creating or retaining ties Upgrades, primary jobs for projects, such as: manufacturing and industrial facilities; Community research and developmentfacilities; militaryfacilities (includingclosed or Development realigned military bases); transportation facilities; sewage or solid waste disposal facilities; recycling facilities; air or water pollution control facilities; distribution centers; small warehouse facilities; primary job training facilities for use by institutions of higher education; regional or national corporate headquarters facilities; eligible job training classes; certain career centers; and certain infrastructural improvements that promote or develop new or expanded business enterprises. • Additionally, the Section 4B tax can fund projects that are typically considered to be community development initiatives. For example, authorized categories under Section 4B include, among other items: land; buildings; equipment; facilities; expenditures; and improvements for professional and amateur sports facilities; park facilities and events; entertainment and tourist facilities; and affordable housing. Sports Facilities, This sales tax program can be voted on simultaneously with a reduction in some Parking Struc- other sales tax to maintain the two percent cap. The venue project revenue tures, General sources, in addition to (or in lieu of) a sales tax, include: a hotel occupancy tax; Economic Devel- a short-term motor vehicle rental tax; an event parking tax; an event admissions opment tax; and a venue facility use tax. Additionally, the venue sales tax can be proposed in certain limited cases, even ifthe city is already at its maximum sales tax rate; with legislation allowing the voters to approve an automatic reduction in another existing sales tax to make room for the venue tax. Infrastructure General obligation bonds and revenue bonds used to fund major infrastructure projects (roads, drainage improvements, and utilities expansion) Non Desirab/e Too/s Exhibit 6.4 HAPTE DENTON APPLICATION Not Recommended — Denton is currently already at the two-percent cap on sales tax (one and a half percent city and a half percent county). The city would need to reallocate a half percent of sales tax revenue currently funding the General Fund or other entity to the 4A or 4B fund. Bonds can be issued using this sales tax as collateral to accelerate improvements. Also this sales tax allows ac- cess to the Texas Leverage Fund, a low-cost financing mechanism. Not Recommended — Denton is already at its two-percent cap on sales tax. While this sales tax could be instituted to pay for a future downtown parking facility, existing sales taxes would need to be eliminated to allow for this new sales tax. Not recommended — Available mechanism, but itwould require increasing the city's current debt. : 1�,�� _ / This section's implementation strategy was developed specifically for Denton to define a coordinated approach to public investment downtown. It is the product of the DTIP study process, including public involvement, plus coordination and review with city staff. This strategy establishes mechanisms for public financing, as well as for public-private cooperation. The implementation strategy recommendations are prioritized and grouped into the topics discussed in this document, beginning with a comprehensive "implementation programs" listing of recommendations affecting each of the eight topics. RECOMMENDATION TIMING AGENCY COST CATALYSTPROJECTS FUTURE LAND USE A.1 Formally adopt DTIP Short COD A.2 Formally adopt Form Base Code Short COD A.3 Establish a new Zoning District in Denton Development Short COD Code titled "Downtown DistricY' PARKING B.1 Increase On-Street Parking ' B.2 Establish Shared Parking Program B.3 Enlarge Public Parking Lots B.4 Create and Implement Wayfinding Signage Network to Parking B.5 Establish Cash-in-Lieu Parking Program B.6 Early Action Parking Projects PARKS/OPEN SPACE C.1 Create a series of Urban Spaces - pocket parks, neighbor- hood parks, and wide pedestrian sidewalks C.2 Create Music and Fine Art Venues C.3 Implement Quakertown Park Master Plan ARCHITECTURAL D.1 Formally adopt DTIP which defines: Quality, Place, Envi- ronmental Design elements D.2 Establish LEED rating goal for all new development D.3 Submit DTIP for LEED neighborhood certification D.4 Follow Tri-partite architecture proportions STREETS/LINKAGES � E E.1 Adopt DTIP Street Standards for powntown E.2 Modify City Mobility Plan to Include Downtown Street Standards E.3 Implement Hickory Street'Grand StreeY Project E.4 Implement'Mews Streets' program for parking, safety, waste and removal DT/P/mp/ementation Strategy Exhibit 6.5 Short COD Medium COD Medium COD Short COD Short COD Short COD Medium COD Medium COD Medium COD Short COD Medium COD Long COD & USGBC Short COD Short COD Medium COD Medium COD Medium COD $1251< Yes — � [�` �s jv, . i� � �� ., i+, �� `t� �j�} iiis °7.�?� �� r�li ��'".�! �� . 5 .. . _. __, ;: . .��' �� HAPTE Exhibit 6.5 and 6.6 lists the priority recommendations; the timing for the recommendations as short-, medium-, or long-term; the implementing agency, which is the City of Denton, except in two cases where the city will need to work with either USGBC or TxDOT; the cost (where available) and which projects are catalyst projects. Implementation timing responds to the following recommended time frame schedule. Short Term: Medium Term Long Term: RECOMMENDATION 0-3Years 3-5Years 5 - 10 Years TIMING AGENCY COST CATALYSTPROJECTS STREET/LINKAGES E.5 Implement early action street and mobility items Short SOLID WASTE F.1 Conduct Pilot Program Short F.2 Implement Preferred Plan (location, type and pricing for Short solid waste removal). F.3 Screen all existing Solid Waste Dumpsters in Square Short � District F.4 Establish Broad Downtown recycle Waste Program Short F.5 Create a Downtown Recyde Center Medium F.6 Screen All Existing Solid Waste Dumpsters in the Down- Medium town District BICYCLE MOBILITY G.1 Adopt DTIP which defines bicycle standards and down- Short town G.2 Implement bicycle lanes on Sycamore Street to DCTA Medium station G.3 Conduct traffic Study for specific intersection designs Medium G.4 Implement bicycle signage program downtown (shared Medium lane and bike lane) G.5 Incorporate DTIP bicycle standards into City of Denton Medium system/standards IMPLEMENTATION PROGRAMS H.1 Create TIF District (Tax Increment Finance District) Short H.2 Create DDC (Downtown Development Corporation) Medium H.3 Create DPMA (Downtown Parking Management Author- Medium ity) H.4 Pursue NCTCOG Sustainable Development Founding and Short Grants H.5 Modify Park Exaction Fees Short H.6 Modify Tree Preseravation Ordiance to have 100% of col- Medium lected in Downtown to be spent in Downtown DT/P /mp/ementation Strategy (Page 2) Exhibit 6.6 COD COD COD COD COD COD COD COD COD COD & TXDOT COD COD COD COD COD COD COD COD n/a Yes n/a Yes n/a Yes n/a Yes n/a : 1�,�� _ / Assumptions: Streets/Linkages E.3 1. Limits of estimate include Hickory Street from Bell Avenue to Locust Street approximately 1,300 linear feet of roadway. 2. No utility work is assumed in this estimate. 3. Demolition costs are not included. 4. No traffic control or environmental controls are estimated. 5. Street costs are assumed as a basic 8" thick concrete and do not take into consideration geotechnical requirements. 6. Pedestrian surface is estimated at 50% unit pavers & 50% concrete. 7. Traffic signal upgrades are included in estimate. 8. Contingency and design fees are included. Solid Waste F.3 1. City will screen all trash containers in Square District. 2. City will screen 50% of all dumpsters in Downtown. Assume revised total to be 120- City will screen 60. 3. Cost for each masonary screen is $10,000. Strategy 1— Pay as You Go (low-risk): A. Establish cash-in-lieu-of-spaces parking fees to allow developers to meet parking requirements off-site. • Such fees would be set at an accessible dollar amount, taking into consideration the actual cost of constructing parking garage spaces. • Such fees would be collected and distributed through a Parking Management District to fund public parking garage spaces when sufficient funds have been collected. B. Alternatively, developers could be required to pay market-rate fees directly to property owners who have excess parking supply. Either of the above arrangements would help to fund future public parking garage spaces, which would accelerate downtown development. Once a critical mass of development has occurred downtown and parking demand is at such a level that the city could begin charging for it, metered spaces and pay parking lots could further fund the development of a parking structure. �« ��:�' �� :.:�, _ _ _--.� ._ � ,�. Strategy 2— Pay Now (higher risk, but risk is shared): • Enlist a public-private partnership to develop a parking garage at the proposed DCTA transit center. • Ajoint partnership involving the City and DCTA, plus DART, or involving the city and a private developer, or some other combination of these entities could develop a parking garage at the proposed DCTA transit center. • The total burden of cost to provide parking for private development could be shared among multiple entities. • The shared-parking opportunities would benefit the developer by reducing the amount of parking needed to provide to support their development. • The transit authority would also benefit from shared parking by enhancing the agency's ridership. ABOVE GROUND PARKING GARAGE 1. Capacity 250 2. Levels 4.00 3. Footprint of Parking Area 120 x 180 feet 4. Site Area (acres) 0.5 5. Construction Cost/Space $12,000 6. Estimated Construction Cost $3,000,000 7. Project Cost (Construction + 15%) $3,450,000 8. Annual Cost to Own per Space $554 9. Operating Cost per Space $300 10. Revenue Collection per Space $300 11. Security Cost per Space $75 12. Total Cost to Own and Operate per Space $1,229 13. Monthly Revenue/Space Required to Break Even $102 Total Cost to Own and Operate per Year $307,168 Cost Analysis - Prototypica/ Parking Garage Exhibit 6.7 • The City could participate by providing land to accommodate a parking garage and by making TIF funds available to enhance infrastructure in and around the transit center and the parking facility. Exhibit 6.7 provides cost estimates associated with building a proposed 250-space parking garage in downtown Denton. The cost to build the garage is estimated to be $3,450,000 including contingencies, in current dollars, which translates to $1,229 per space to own and operate, and requires a monthly charge of $102 per space to break even. HAPTE : 1�,�� _ / Exhibit 6.7 Items 5, 6, and 7 are based on today's conventional concrete parking deck facilities, including design and other miscellaneous soft costs and excluding land costs. Item 8, ownership costs, assume that the full cost of construction (excluding land cost) is financed at five percent for 20 years. The City would not incur any ownership costs if a developer and the transit authority funds the full cost of building the garage upfront; ownership costs would decrease over time if cash-in-lieu-of-spaces parking fees are used to fund the garage. Item 9, operating costs, include utilities, insurance, supplies, routine maintenance, etc. Item 9, operating costs, Item 10, revenue collection costs, and Item 11, security costs would be shared. Denton and DPMA will want to review the following considerations as DPMA reviews its options to make a decision on how to proceed: • Identify the near-term market opportunities for additional residential, retail, and commercial development in downtown Denton, including the potential for TOD at the proposed DCTA transit center. • Determine a supportable development program (number of units, square footage of retail, office, and other land uses, including civic, cultural, etc.) over the next five years and likely sites for near-term development. Multiple methods could be utilized to fund a parking structure: • Cash-in-lieu-of-spaces parking fees could be applied over time from private developers for individual projects in close proximity to the garage. • A private developer could pay for the number of spaces the project would use in the garage, assuming some shared parking. (For example: a 100-unit apartment complex may require 1.5 parking spaces per unit, or 150 spaces. Perhaps only 100 spaces are needed to serve the project with shared parking and the transit-oriented nature of the projects; the smaller number of required spaces would enhance the feasibility of the developer's project and provide the incentive to purchase 100 spaces in the City garage.) • The DCTA could pay for the balance of the parking spaces, which would serve the transit station, as well as serve as overflow for peak weekend and night use. �,.,_ ` �' ¢ `, �w- . �'.. �-, � �J � �\ . / � . c�... �_. �ppendix � �� _ 1 - _ 1"r�,...., '"'_.�'r-_ e� .g�� •� �..'-r--- �� P� '�;; �►r:.,:; r� iy�, � e��s.k �-,,, i.°��, �i f . ��.e '..� • '_� . ... - ,_. �-: : . ..._..:e..�A! I � .. � � � � —,,..i ..:. . : 1�,�� _ / Annual Report. Denton Economic Development Partnership. City of Denton, Texas. 2008-2009 Downtown Masterplan — Citv of Denton. Fregonese Calthorpe Associates. 2002. Project Report. Downtown Denton Transit Oriented Development. JACOBS, December 2009. Reqional Choices for North Texas, Vision North Texas — Understandinq Our Options for Growth. VNT Research Team — Strategic Community Solutions. November 2008. Savinq Lives, Time, Money: Buildinq Better Streets. Emer.qencv Response & Street Design. Congress for New Urbanism (CNU). 2009. Sustainable Street Network — Emer.qencv Responder Perspective. Charlotte Fire Department, City of Charlotte, NC, Charlotte Department of Transportation, 7 November 2008. The Denton Plan 1999-2020 — Comprehensive Plan of the Citv of Denton. City of Denton with HOK Inc. and Renee Perkins Jaynes, April 1999. The New Transit Town — Best Practices in Transit Oriented Development. Edited by Hank Dittmar and Gloria Ohland, Island Press — The Center for Resource Economics, 2004. The Reqional City — Planninq for the End of Sprawl. Peter Calthorpe and �Iliam Fulton, Island Press — The Center for Resource Economics, 2001. Transit Villaqes in the 21st Century. Michael Bernick and Robert Cervero, McGraw-Hill Publishing Company, 1997. Walkable Thorouqhfares Guide — Buildinq better streets saves time, lives and monev. Congress for New Urbanism (CNU). April 2010. Executive Summary Chapter - Image Carillon Village, JACOBS 2009. — � [�` re�! �a jv, . i� � �H �� +,��t� iiis �� .,a,�� rn-��"-��II . . _ _�,: . �_ � .� B. �; ��.. Case Study: Downtown Plano Transit Village; Plano, TX Plano, Texas is a large suburban city located north of Dallas. Its growth over the last 50 years has been dramatic. In 1960, Plano was a town of only 3,600 people. Today its population is estimated at over 230,000 and it is a major suburban employment center with over 100,000 jobs. The traditional downtown area, however, was largely left out of this growth. This area is home to the city's municipal offices and is its traditional core; however, up until recently, there had been little new office, retail, or residential development that was similar to what was being built in other nearby areas. In 1983, Plano was one of 14 cities in the Metroplex region that voted to create the Dallas Area Rapid Transit (DART) agency. The original date for the arrival of planned light rail service to Plano was 2010, however, in the late 1990s it became apparent that the schedule for the delivery of this service would be accelerated significantly to 2002. This led the city to focus on taking advantage of transit as a way to spur economic development in the downtown area. Prior to the arrival of DART, the largest investments in downtown involved a series of expansions of the city government offices. The city also purchased a largely abandoned strip shopping center to address the parking needs of its downtown employees. In 1984, voters approved bonds for streetscape improvements and the creation and expansion of downtown parks. These beautification efforts downtown did little to spur new private sector economic development. In 1991, the Plano planning and zoning commission development a downtown plan with the hope of enticing new investment to the area. The plan recommended preservation of the modest scale and historic character of downtown and promoted new infill development and redevelopment in areas adjacent to the traditional downtown. The desired result was to create a compact, mixed-use, pedestrian- oriented design for the downtown area. A new zoning overlay district was created for the 80-acre downtown core area. This required that all new buildings address the street and it limited building height to four stories. It also went as far as to restrict surface parking and place an altogether ban on "heavy" commercial uses. APPENDIx : 1�,�� _ / Issues Affecting Downtown Plano which Led to Renewed Planning Effort: • Eroding economic position • Physical decline and blight Absentee and fragmented ownership Limited hours of operation Disconnected from surrounding neighborhoods In 1997, Plano's city planners began to work with DART staff to determine the exact location of the planned downtown Plano station. They also analyzed how development around this station could potentially support, and benefit from, proximity to this station. The DART system formally began service in areas closer to Dallas in 1996. The experience of these stations showed the potential for stations to be catalysts for new development and reinvestment. The City of Plano understood this potential and believed that access to light rail could particularly have a positive impact on the development potential of the city-owned former shopping center next to the rail line. This site represented a 3.6 acre redevelopment opportunity. DART gave final approval to the downtown Plano station in 1998 and the city council approved the redevelopment plan a month later. After a long negotiation period, the city and DART approved a joint agreement calling for the transit agency to purchase the station property and transfer ownership of surplus land around the station to the city. Plano would then pay for the reconstruction and reconfiguration of streets, drainage, and the utilities needed to serve the station. The cost would be credited against the value of the property transferred to the city. Any shortfall would be reimbursed by DART. The next step in the development process led the city to issue an RFP (request for proposal) to find a developer for the shopping center site adjacent to the planned station. In 1999, the city selected Amicus Partners to develop Eastside Village I, which included 234 dwelling units and 15,000 square feet of nonresidential space including two restaurants (on property leased by the City). The project offers a variety of floor plans including efficiencies, lofts, live/ work spaces, and one- and two-bedroom apartment homes. A five level parking garage is surrounded by the buildings in the interior of the property, providing resident parking as well as public parking on the first level during business hours. The project took advantage of allowances for increased :, � �« ,,J�. density enacted through the previous planning effort. Three and four-story buildings were built on the edge of the sidewalks and exteriors are brick with design features that recall architecture of the late 19th century. These were design elements specifically enacted as part of the downtown development plan. The eastern half of the site also contains a four-story building wrapped around three sides of a five-level parking garage. This project added nearly 500 new residents to the area adjacent to the train station and also helps to provide a physical and psychological linkage between that station and the main shopping street in downtown. The developer also stated that proximity to a transit station benefitted the overall financial potential of the project. This proximity made it easier to attract capital and also led to a faster lease-up rate. Eastside Village I was clearly seen as a success from the perspective of the city, DART, and Amicus. However, at this time the city began rethinking how the new development would fit into an overall downtown plan. In fall of 2009, it was decided that an even larger vision for downtown redevelopment was needed. At this time, assistant city manager Frank Turner presented a report titled "A Vision and Strategy for Creating a Transit Village." This was subsequently approved by the city council. This strategy used the 1991 plan as a foundation but placed a greater emphasis on the relationship of downtown to the DART station and transit operations. Specifically, this effort set a goal of increasing residential development by 1,000 units and building 50,000 square feet of retail space within a quarter mile of the DART station itself. This study went as far as to identify potential redevelopment sites and several incentives for implementation, including public financial assistance and reduced parking requirements. Transit Village Strategy: • Locate/design light rail platform to maximize benefits. • Develop transportation linkages and parking programs. • Redevelop key sites adding 1,000 dwelling units and 50,000 square feet retail use. • Reinforce downtown as an arts district. • Expand park and streetscape improvements. • Preserve historic buildings. • Provide incentives for reinvestment. APPENDIX : 1�,�� _ / This study was the impetus for the establishment of a tax increment financing (TIF) district to encourage economic reinvestment in the study area. The formation of this district required cooperation and coordination between the school district, the county, and the community college. TIF funds come from increased property tax revenues from new development. These funds can be used for infrastructure, public facilities, and land within the district. Under Texas state law, municipalities also obtain broader redevelopment powers within a TIF district. TIF is commonly used by the development and banking community to bridge financing gaps, especially in areas where the cost of upgrading the infrastructure are very high. The total appraised value of property within this TIF district increased from $307 million in 1999 to an estimated $424 million in 2002. This generated more than $1.5 million in annual revenues. Over the 15 year term of the TIF district, revenues are projected to exceed $15 million. This district is expansive and extends to all three of Plano's DART station. However, the downtown redevelopment area has been given initial priority for the use of these funds since redevelopment in this area is seen as being more critical than in the more highly development areas around the north and south Plano stations. It is widely believed by the City that the TIF district has been instrumental in helping to achieve their vision of increased downtown housing, retail uses, as well as the city's design goals for the downtown area. One of the latest projects to be constructed close to DART in the TIF district is 15th Street Village. This includes 34 for- sale townhomes and 90 condominium units. This was the first substantial new for-sale housing construction in the downtown area since DART arrived. Currently, there is a second phase for the 15th Street Village project that is in the planning stages. Other new development includes Eastside Village II which was finished in 2002 and features 225 rental apartments and 25,000 square feet of retail. This property has achieved very high rates of occupancy. Currently, there are plans for another new townhome development, Lexington Park at Rice Field, which will include 14 new luxury eco-friendly units. This community was designed within the parameters of the transit village overly. They are branded as "new urban" townhomes since they address the streetfront, have alley-loaded parking, and are pedestrian-oriented. This project is located two blocks from the DART station. :, � �« ,,J�. Overall, the development spurred within the TIF district has brought the city close to reaching the long-term goal of 1,000 new housing units and 50,000 square feet of new commercial development (as set forth in the Transit Village Strategy). The incremental funds derived from the TI F have also allowed the city to invest over $2 million in streetscape and surface transportation improvements which have made the area more attractive to private investment. Key Lessons Learned: • DART station alone was not the only harbinger of new development. - Public investment (funded through TIF) and public-private partnerships seen as key. - Ridership projections have been surpassed without the provision of city-owned parking for transit users. - In beginning phases, users have been able to utilize privately-owned parking facilities within close proximity to the station. - Having a planning framework that promotes walkable transit-oriented development prior to the arrival of the actual light rail system was seen as very important in the creation of a "transit village". Developers benefitted from transit proximity in terms of ability to attract capital to project, lease/sales period, and potentially have even achieved some price premium. - All these factors work to increase the financial viability of private development projects. - Public-private partnership can be key to creating the first truly "catalytic" project that ignites additional investment. - In the case of Plano, this took the form of the city offering an attractive land lease to a private developer. APPENDIX : 1�,�� _ / Case Study —Transit-Oriented Development Mockingbird Station is the city of Dallas's most successful example of Transit-Oriented Development (TOD). In 2008, the Dallas City Council approved a TOD TIF district that encompasses the area around Mockingbird Station as well as station areas south of downtown including one TIF encompassing the area around the Cedars West and Eight-and-Corinth stations and a third TIF district called the Lancaster corridor sub-district. This includes areas around the Illinois, Kiest, and VA Medical Center stations. The strategic significance of this type of "extended" TIF is the ability to link successes in the development around Mockingbird Station to that of the city's southern sector in the Lancaster Corridor, which has been much slower to develop. The Mockingbird area is further expected to grow as a result of its location close to the planned George W. Bush Presidential Library. This unique arrangement is a result of a 2007 amendment to Chapter 311 of the tax code. This allowed the creation of a reinvestment zone for poverties that have some PROJECT LOCATION The Shelby 5609 SMU Blvd Shamburger SW corner Development SMU Blvd. & Greenville Ave. Sphinx Develop- ment Corp. - Fiji/ 1515 Compton Compton Phase Street I&II Crest Plaza Shop- 2935 S. Lan- ping Ctr. remodel caster Rd. Lancaster Urban SW corner Ann Village - Urban Arbor Ave. & League expansion & Ph I mixed use° Lancaster Rd. CALENDAR APPROX. OR YEAR STATUS UNITS/SFZ ESTIMATED COMPLETE VALUE' 2009 Under 55 units; $14,000,000 construction 3,720 sf retail 2011 Planned 412 units: 9,100 $37,420,000 sf retail 130 senior hsg 2011-13 Planned units; 50 town- $12,337,500 homes; 18,000 sf office 2009 Under 112,OOOsfretail $1,000,000 construction added value 46,568 sf office; 2012 Planned 185 units; 9,285 $30,529,392 sf retail 832 res units; Total 134,105 sf $g5,286,892 retail; 64,568 sf office TIF INVESTMENT' n/a n/a n/a n/a pending $0 'All information updated as of September 30, 2009. �i 28ased upon either the TIF application or required minimum stated in the development agreement. May be updated for completed projects based on actual unit mix and square footage. 38ased upon 1) market value of comparable projects for anticipated projects, 2) private investment stated in the development agree- ment for projects that are approved or under construction, or 3) DCAD market value for completed projects (unless project has not yet been assessed). Values may not be fully captured by the TIF District for redevelopment projects once pre-existing value and/or the demolition of structures is netted out. °Principal amount not to be exceeded per the development agreement. TBD indicates that development agreement has not yet been adopted. Asterisk indicated investment also includes interest not shown. 'Selected significant projects included. `Tax-exempt property. Amountshown is approximate investment in improvements. 'Includes other incentives not shown. Contact City of Dallas Office of Economic Development for more information. � O �1�N 0- _ :, � �« ,,J�. connection to and will benefit a mass transit rail system. TOD T/F Redeve/opment Issues: • Need for urban scale/TOD zoning • Infrastructure upgrades • Flexible incentives to encourage density that is transit and pedestrian friendly TIF funding as well as a$1.6 million grant from the North Central Texas Council of Governments (NCTCOG) has enticed Prescott Realty Group, to move forward with the development of the "University Crossing" project. This is part of Southern Methodist University's master plan to expand its campus eastward past North Central expressway into the Mockingbird TIF area. University Crossing is planned as a mixed-use environment that will feature academic uses as well as private sector housing, retail, and office space. Prescott is also planning another large-scale development within the TIF boundaries that will include apartments and retail. This will be located southwest of SMU Blvd. (formerly Yale Blvd.). TIF funding is seen by Prescott as a key element that impacts the overall financial feasibility of these projects. Specifically, TIF funding will be made available to reimburse the developer for infrastructure work, streetscaping, and lighting in public areas (among other potential uses). While the TOD TIF district is relatively new, there are already many successes that can be pointed to, particularly in areas of South Dallas where, unlike Mockingbird, new development has been severely lacking around DART stations. This is a testament to the TIF district, the NCTCOG grants, and the activist role taken by the city to promote development in these locations. It should also be noted that this $95 million of investment going into planned and under construction projects has all been announced during the recent economic recession. Key Lessons Learned: • TIF combined with NCTCOG SD grants has been a proven boost to financial viability of development projects, particularly in areas where new development around rail stations has not been prevalent. • University (SMU) played a role in driving private sector development within the Mockingbird TIF sub-district. Public-private partnership that includes uses that will add revenue to TIF. APPENDIX : 1�,�� _ / C. Stakeholder Survey Downtown Implementation Plan City of Denton, Texas October 2009 STAKEHOLDER INTERVIEWS Interview of: Interviewed by: Date & Time: I. Individual Introductions II. Project Overview (1 minute) III. Any Questions Before Beginning? IV. Interview Di,�� i�tol� i� Im��lenxi�tatioi� Plan Dzutt,tt Teiaa Card: (Tape/list contact information) Answer all the following questions from your personal perspective. What is your interest in Downtown Denton? Property Owner Business Owner Organization Representative (which one) City Official Oth er and for how long? years. 2. In your opinion, Is Downtown Denton a pleasing and interesting place for bringing visitors? Agree _ Somewhat agree Somewhat disagree Disagree Not sure If you agree, where are the best places to bring Downtown visitors? 3. When you think of Downtown Denton, what is the first mental image you have of downtown (check the most appropriate one for you)? Courthouse City Hall Shops around the square Quakertown Park Oth er J/�C��S Team . ,' �1 �, I � , . — � [�` �s jv, . i� � �� ., i+, �� `t� �j�} iiis °7.�?� �� r�li ��'".�! �� . ._ �__�.,: _. ._ : � „�, APPENDIX 4} <<�u,,,t�e 1 z r ....� �+a� xl:e;� E}�,�ti�s�_ ��'� �.; �<� 4. In your opinion, Downtown Denton is an economically attractive environment for starting or locating a business. Agree _ Somewhat agree Somewhat disagree Disagree Not sure Why? 5. What are the greatest resources of Downtown Denton for strengthening economic development an creating new economic development opportunities? (limit to three) 1. 2. 3. 6. What do you feel are the major issues facing Downtown? 7. What is the most important factor or condition that will ACCELERATE economic development in Downtown Denton in the coming five-to-ten years? 8. Regarding economic development what type of development do you feel the downtown needs additional numbers ofto reach its potential future? Residential - rental Residential - townhouse Office Shopping & Retail Mixed — Use (residential over retail) Entertainment facilities JAC(�BS Team . �. ,. . � : 1�,�� _ / Di,�� i�tol� i� Im��lenxi�tatioi� Plan Dzutt,tt Teiaa Name three assets that separate Downtown Denton from other North Texas downtowns? 1. 2. 3. 10. On a scale of 1 to 5; with 1 being `very importanY and 5 being `not at all important,' how important are each of the following factors to the quality of life in Downtown Denton? Variety of housing options Quality of public institutions (city hall, libraries, parks, etc.) Variety of employment opportunities Vibrant and attractive downtown area Well designed streets for autos, pedestrians and bicycles Variety of retail establishments &entertainment options 11. In your opinion, is traffic congestion a problem in Downtown Denton? Yes No Not sure If yes, name three areas (intersections or corridors) in Downtown Denton where traffic congestion is a real problem. 1. 2. 3. 12. In your opinion, the current streetscape environment in Downtown is pleasant and of a high- quality for increasing economic development and growing a residential population? Agree _ Somewhat agree Somewhat disagree Disagree Not sure 13. In your opinion, does the Downtown area have a parking issue? yes no If yes, are their specific zones of Downtown that has the greatest concern? West of Courthouse East of Courthouse North of Courthouse South of Courthouse 14. In your opinion, is the solid-waste pick-up from the current dumpsters in Downtown picked up at a good interval? Yes working well No needs greater pick-up (twice a day) No needs greater pick-up (every day) Other comments: Not like current dumpsters Dumpsters need to be screened for view Need more trash capacity J/�C�BS Team , d'� r:l —`. lb� . 1i�1��2. 1 1[]i':'i"l S., �.',� — � [�` �s i v . i� �k �� ..+;,,'. 'rii � �';\, '�� APPENDIx �,,,t�ea� �. �,:,i o �.na�,e __. �,.��ir,r: i.� c.�•.. 15. Regarding solid waste, what is the walking distance you prefer to carry trash for removal? 100 feet max 200 feet max. Within your block 16. Yes or No --- Do you think the following issues would greatly improve the quality of life in Downtown Denton? Additional street trees in downtown Greater landscape requirements for new development Further development of the downtown area Additional hike and bike trails/lanes Greater variety of cultural facilities / entertainment Additional housing in downtown Increasing pedestrian amenities Providing additional parking in downtown Increasing parks in downtown Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No No Not sure Not sure Not sure Not sure Not sure Not sure Not sure Not sure Not sure 17. What downtowns with a similar scale to Denton that you have visited and admired - and what about these downtowns that we could learn from? 18. In your opinion, do you think we should limit architecture styles, building materials, colors available for outdoor walls, etc. in Downtown. yes no (just minor controls) 19. Twenty years (20) from now, what kind of downtown do you envision (want) Downtown Denton to be? (list three words or phrases that define the future) 1. 2. 3. JAC�BS� Team . .�a: .. . r,«, � . : 1�,�� _ / Di�«uto«n Ln��lementation F7an D4urou_ "I'el�a 20. What do you feel are the major impediments to reaching this vision? 21. Is there anything else we should be aware of as we work on the plan for powntown Denton? That conc/udes our stakeholder questions. Thank You! J/�CG1BS Team ,r��,��_ 1�:._�,� �a � k �� '.�. . i � � '� ir i� �.. �. D� APPENDIx LF CiTyof Denton, TX : Downtawn Implementation Plan (DTIP) - Windows Interne[ Explorer provided byJacobs _ oU' �`� �I. B ntyoFdeotoo.mm , -t .. :� � � P - ��. File Edit �ievu Favorites ?ools Help � � PrintPUnk - Q Prin[ � F�[ Q Hvto Flt � Shrink J Zoom �� Ima3es " � � : FawriLes ��¢yofDenton,T%:OOwnrownlmplemen[ationVlan(... �j� . ' i.,.. Paye• Sefety• Tools• iQ'.� � � �:'1 =1� n� i[ I- �ia -- oci F �?- l , m�nt I IJ='s,s � Emer9encY M1lanaq _.--i ,+�_t i I; �j �_-��.��,_ ' n� I� V Links .. ! J � �,,,�; �i ' , � , . �,,, �,� ,, , . � � ,: � , , ' DENTON � ' '' . Oawntown ImplementaHon Plan (Dl7P) D7IP 4g?ndas ?. Minuc?� ' ' ' ' _ _-... [_��_.- .r-i,.. Downtown Implementation Plan (DIIP) o. .... . :w- . rnec�t;oroe��o�s�omeorooessorae�eioF��9aoowmow� I im0�ementationPian(DTiP)ihatwiilworkasacataiysttoachievethe %> 9aa�s Oefine0 for powntown Denton. as adoptetl in �he De:_�;or� � t'; nlc�rn f;!asfer Plan. Afew af [he goals na�etl inclutle: Downtawn SllOUltl be a place to IIVe. Woft an0 plaY. DoNTfoWn SIIOUIO [Ontaln 3 �ane(V ottllingsto 00: �owntoWn StIJU10 be atlfaCtR'e an0'Nell tlesignetl', antl DOwntown Shoultl have linketl pafks antl open �ntan S(12C2S Downrown Implementat'ion Plan TheOTlPwillconsis[ofthefollowingelemen�s:parking,architectural�(,� �Q Gesign. apen space antl Iln!cages. and lantl use analysis.The Denfon Downfown MaEter P'an, the De::fGr, �:er., 3ntl the Ge:%[on Oe�.eouir�rttCOtle will all bE used tluring the process for Ceveloping the DTIP. T�e Planning antl Oevelopmenl DepaM1men� has contracteG with Jacobs Engineering Group. Inc. lo assislthe Cit/ wi�� Ihe tlevelopment of l�e �TIP. If lias lony Ueen reccynizetl Ine� Do�vntown is lhe heaii of Ihe Cih' and is a IoCal pointfoi commerce and enleAainm?nl In 2002. �he Giry Coundl aaop[etl Ihe Den;on Downtown Llas�er Plan wh�se Frimary foas IS to encourage de�elopmen�. antl . . ex0lofa[IonotOartnef51110o00ortunllleSW1�tIpfNa�elnVes�ofs.Wtllle?nSUflna��atpfopeftle51qn0�adlce5afeem0l�}'etl. l lle O71P WIII OUIIO on tllls G�eVlous'NOfk ana Cfea[e a Olan to aC<OmpIISlI Ille goals o� �Ile Oenton Uo11'nlown P:faste/ Pfan. In orde� t0 Pnsure that the CT1P is Sutcessful, �he City is 2Sking fDr your assistanCe by provi�ing feP�baCk, atlentlinp meelings, and in�orming oMer residenls abcut �his importan� endea�or.ln Ih2 frs� pha5e ofthe praress �he Citywill ontlud s�aHenoltler In�er✓ie'�n's antl a survey will be pos�eG on �hls page soon [o solicil your inpu� on various tlowntctn'n iss .?.SteeringCommitleeofstak.eholderswillGeconvenatltoassisttheCiQ'wi�hCevelopingt�eDTIP.YOUwillfntl enCas. meetina notices. antl minu�es far �his committee on this we0 page. The City will also prov'�Ce se�e!al venues (or �he public lo recelve antl provitle informa�ion on this topic, indutling Ihls web page. Stakeholtler In�erview re9u115 c�ick 1'�ere On Decem�et 14, 2009 [Ile Clt' of Den[on tlos[etl �tle (Ifs� Pu01iC fvl?eting fof Ille DOwntoWn Implemen�atlon Flan at Ille Centra� Fire Stabon. During Ilte mee[ing. tM1OSe in atten�ance provl4e01npu[ on [M1e Draft Prolecl Goa�s & OCjecbe�es CUrren�ty'tlefied f0' ihe projeCt. This inpUt Came ftom a Wtitten Scoring ot [ne eiqht B) g0al 5latements antl tY:eir supporting slatementa The resuits oi lhis communiN input are nole� on Ne following Oages. I� is important �o unCers�anC when retiewing these per[entages, wh��.[h rorrespond �o inCiviCUal responses, Ihat �hls public input event is Ihe par; of a multi-monih long process. T'tis process -first solicits input Viat is general i� naNre antl 9ets consltlerably mora Oetallea as the prcjed gets further along. W 2 are just gatting out of Iha general area �f ihe stu0y. This all Said. one shoulG review ��ese responses as an early se� Cf ��.npuls `rom a general set of questlons ;projeci goals). Our ne�i Public hleeting will ask for inpu� regartling tle�aileC choices. All of �7is input is valuable - anG best e�aluateC'i✓ith a lull set o1 ceneral antl specif c Inputs from �he community. Clicl! �ere to view Ihe results hcm �he Inpu� given at ��e meeting. if you wish to view Ihe ma5 curren� Downtown Implemenla'ion Plan presentalian cli[Y here" I( 5'ou llave any Ques0on5 please contac[ RICV. Lelsner. Prc�ecf blana�ertor flle consu�tan[ team at 21a-424-85a9 work.ing WAtI [hE Ciry Ofl IIIiS tlOwfIIO Wl1 ImpIEfllEn(2Ii0n pfOjECI. IF you woultl like �o provide information or ha�e quesfions, Please [/i[k here to ser�tl an e.mail to s[aM. Thank you for your particfpatfon. Nextl.7eeting: Uowntown Task Force 69ceting Where: City Hall Wark Session Room, 2'IS E. McKinney Street When: Thurstlay, Jury 8, 201 D, 8:30 a.m. -fAeetirg AgeMS TBA Fer more inf�rmation. call Fon Idenguita at (9a0) 3<g-8328 �r ci�irF: he�e. F�e3:��:.er_arerea�ir-�ro �_,necf;neatla�n�i�=�.�ments- —he)� pan be tic�vn'icecetl cy d�.ckr.c cr. ire �icen=_ taN.�... � � Q r�,"°°;r-=., � 1=" I`4; 1�3 Nom= I abou[ [he Ci_y I Govemment I Departmen[s .� Services I �esldent> I --- Busines�es I Hmv r._ r... C��.t�. cr _'er.��.n ?ii E, fACKir.ney Street, Denten, T% Jc201 I(9� 0) 349-3200 I Ce�taci Ls � Con[act tVebmacte ._ _._C City c�' ��entor. P�ivacy Policy a�d Disclaime� I Sittmap I Y'�zbsi[e Created and Hosted by'✓ision In(emz: � In[une� .. v� - - �,j "�t00°/ - � : 1�,�� _ / E. News Articles Friday, April 16, 2010 Volume 95 � Issue 48 � Stormy - � ort exas ai i . " .,j� 73° / 59° i�� News 1,2 Sports 3 Classifieds 4 Games 4 SCENE see insert The Student Newsvaper of the Universitv of North Texas __ Denton public transportation hits record high BY DREW GAINES Contributing Writer The Denton County Transportation Authority saw record ridership in March, and more riders aze eacpected to boazd the public buses in the months and years to come. "Since the two years I have been driving with DCTp, I can see nothing but growth;' bus driver Danny Brinkley said. Brinkley and his feIlowdriveis are transporting more students and commuters than ever before. Last month, Denton Connect provided 29,289 passenger trips, enough to break [he previous record set in September 2009 by 346 trips. "Basically the cost of parking, the cost of fuel, iYs just getti�g to be more economical, especially duri ng the tough economic times right now;' Brinkley said: Boris Palchik, senior planner for DCTA, attributes the growth to improved services. The transit service has addedmore bus stops, routes, shelters, signage and improved schedules that make the service more consistent and accessible, he said. Most of the improvements have been in Lewisville, where the DCTA reported a 48 percent increase in ridership in March, compazed to the same month last year. However, similarimprove- ments are starting to take root in Denton. "We routed more service tiuough the carnpus azeas at both [TWU and UNT]," Palchik said. "There aze more frequent service, decreased wait time and more buses to more destinations." Downtown Dallas has become a popular destination for commuters as well, with the DCTAeatendingtrips to the city's West End via the Commuter Express ]ine. Brinkley's 40-mile trips to and from the Dallas hub have been packed. '`The majoriry of them are resi- dents or business people thatlive in Dento� or LewisvIlle and work in downtown Dallas. Then there are UNT smdents who catch a bus in down[own Dallas and come up here," Brinkley said. Those passengers that hitch a ride in Dallas to come to Denton are what the DCTA is calling "reverse commuters." Rather than heading into the city for work or school, these commuters are leaving Dallas for Lewisville, Carrolton or Denton. A good proportion of them are students, says Palchik, though all demographics have been increasing. PHOiO BY DflEW GFINES/PHOi06AAPHfA DCTA bus driver Danny Brinkley welcomes aboard UNT students and employees on his route to Discovery Park. The transportation authority reported record rider- ship numbers forthe month of March and the service is expected to grow, officials said. Shannon Robinson, a social worksenior, has used the DCTA Connect line for two yeazs. She boards the Colorado Express route every Tuesday and Thursday to go between school and her home near the Golden Triangle Mall. "I love it. It saves me gas, and I don't have to pay for parking," she said. With the arrival of the A-train to Denton in summer 2011, the DCTA is bracing for more riders and destinations. The rail service will connect commuters to Carrolton, Lewisville and later to downtown Dallas. "We do expect more growth," Palchik said. — � [�` �s jv, . i� � �� ., i+, �� `t� �j�} iiis °7.�?� �� r�li ��'".�! �� . ._ �__�.,: _. ._ : � „�, APPENDIX Transit-oriented developments spring up near DAR,T stops By STEVE BROWN center or even single-family homes. of the stations have gotten bigger and more Real Estate Editor But that was before developers caught complicated. ste�ebro�@d�1i��reWS.�om on to the benefits of mass transit. They are called transit-oriented devel- Off Walnut Hill Lane in northeast Da1- "One of the most important aspects of 9Pments, or TODs. And these projects are las, demolition crews are making quick our overall project is hauing the ability to the real estate development's version of the work of a sprawling neighborhood of crum- have mass transit in the development," said iPod. my apartments. Vance Detwiler, managing director of Pres- They are the hot gadget that's remalang In place of the crime-ridden units, de- cott Rea1ty Group, which is building the the business of building retail, residential velopers will soon put up an urban village new La,ke Highlands Town Center. "In the- and commercial space. centered around a new commuter rail sta,- ory, you can build your projects more dense Early TODs like Mocldngbird Sta.tion tion. and have a little less parking." and even West Village in Uptown showed In years past, that Lake Highlands prop- In just over a decade since the commut- developers that these complea�es resonated erty might haue wound up being used for er rail system opened in Dallas, real estate just more apartments or a strip shopping projects that have sprung up around some See DEVELOPERS Page 8D �� :?�^ „�. -, �s-� �s� �� "� � �,; �` � '� "`-��' `` �, � �i-'�,� �, � z . - �� `__�A��:' ,�'''.,-� � .-�� , � � � ,-. � , �. � 4�' {;fK�l { .. ,Ca�'.i._� l f :.' 3 ..: � �t'. VF'9�T' � �`i.�( �� J�. rt r°f�z�n,.;i,. j� � , j 5� � �� '`�`? �'�v-� ,r��R R '"' r�' � � r, r f'� . r� r�#° � -s s- ' �.C4�P#'� � ; ' 3 i�i �3� �� ''�i. b,� F ��f }E r �' ��'r�.� ��`tis�s1� �� ''-` 6 '� y F ..-�%� ; � �S, �r �,r 9 mr �� ',� i:r� ~E��!% �`" � � r, �,.� �'"a � �t. � .� �,r-��- �� ' , �� ,� � �� ` � ,�.�%-, � ' -n�,�" C , ,3 �'��,�1'��'� .�:. �r � . � � � �� q, ti r ,r- r � ` l�' �i �e��`� "`" � ,� ''� � -�� i��' � � �", � � � � � � � ` �' '� � ;, � 3 �; ;��`�� '� � �-� � ' � �� . �, � �, � _ "�`�,=� .�,�'�� x �s, ' �� , � •�� y- �t,. M t . �.� '� 7 � � ". . � '� ��-ti. � '�M,i� !s � _ w � .. t �j �1 � ;i sj . j -h � Si` k ��, '� �}��Y�;�� '`.�� l � <� �-t s� �±::_J � '�'I ''/:',, f�J " `'� '��'��"^'� �' �� .:+` 9 g ��.ti 1a.�'�'�'S �� £� ��., r,� � � ,��Ep` ,F � '' �� ,+�L�' j. �� f�� '��,,,� �_� : _ �,#, � c g� �; `� t' � t . t , r+„ � �" �?.A,�,� � '�� a�/� � / ar,t��i�� S-� ��-. ps�y�i ' � c �`^� ,`'' ,� � '� '� /,'.- z� .`'2 �i� v, , � a ,��i��G��' �..� .R r �= � �� I �r��7'' „� s,� ,� - i ,w � - . Y J � , (� I � �l� �,.'S-Q,�4�� i� : � 4 g � �� r��'� ; , >;�� %-I/ � ' � °� `z , +� b��r� �`s ., �`' � A , �� ' .,,.:a� �y� ��.:. � „ ��',��+,: �'.�. ,'�'F"��,,�,. �?�.. .� _ . . , � . . � •; '�- "�"�` �"`�� .a��. .?+� Lake Highlands Town Center ■$400 million transit-oriented, ■ 300,000 square feet of retail mixed-use development ■ 100,000 square feet of office ■ Adjacent to new Lake Highlands ■ 1,600 residential units light-rail station ■ 20 acres of park and public space ■ Walnut Hill Lane and Skillman Street ■ Developer: Prescott Realty Group ■ 70 acres � �/r A� � `:�� ` .�: Old apartment '-�`=— -� complexes • YE �IOW� �C ,,' „� �. bCIllg 1'�Z� t0 �� make way for *� `7� � I.ake i ti. � �`: Highlands � Town Center ' (in rendering at le�ft�]), a �wC+.•+ � �1lXl.'ll'Z7.S� ��` " �� development ;�-�� t1�at wiil be �, ��,�,, close to a new t,�,��,s-�'-, DART statiton. y n ° . F:t.: .�� . � � ,�r,.� a;�»q ` � ,� �� s s � �� s''��sg �,I�t'sr�€ : � ; � 3 � t � �� : . :� ... Photo bySTEVE BROWN/Staff; Rendering from Prescott Realty : 1�,�� _ / ' I]►�ve1a ers ho �bo�rd �rend � p �� of r+�' ecis �ear mas�s �r�nsit � J Co�ti�zcedf�°a�z Page ID with consumers. T�ye irvo ne��es� strch dev�lo�- ments take the idea to tl�e in#�a�ite deg�ree, The 33-acre Park L.ane coln- plex trncler const«�ction adjacent to 1�ART's Park Lane rail station wiil cost three-yuarters of a Uil- lion clollars to cnmplete. Tiie tii:st ��aase of� the mam- m�tli inixed-use developrnent s�ail open iater t1�is year. "Our grand op�ening wili Ue in �'ebru�.ry of' next year," said Tad Ru��Ie, a ca-founder caf project de- veloper I-Iarvesi 1Partners. °`We ��nill have the fi�•st tenants t`n tlie apartznes�, towers vy MMay af this year." � � T�e ��h-rise eomplex goin� up aeros�'oe-th �eniral Express- i;�ay fro� NorGl�Park Center shop�in�rnall is c�ne of tl�e ]arg- est such �.c�evelopme�►ts in the cot�ni�y.� And Mr. R�b�e sa�d the pro- jecL tii�o��lcin't be happening tlie ��a}� it i� �vithout the adjoi��ing rail st��tio�:. "It's alreacly conle u� sever�l iimes in discussio�is vvitl� ienants aboi�t 1�o�,s ��tta��ctive it ��11 be to access the project thi•ou;gii �1��''': �]� Sill(�. "f�i,5 �Gl��c'l.S }]L'- comes iiaore ttrl��n ancl people move back irttp the city, mo�•e c�f tliem are willing to ride the tra��- sit.'� Park Lane will be a city in itself �vit�i mare than 6�0(? residential uz�its --- mastly in high-risel�uild- in�s — �rici 700,[}00 square feet o#' reiail space and $16,000 syuare feet af oflice spaee. Tlte Valencia T�ot�l, wl�ich is just get- ting uncler way, has b�en in- creased to 250 roon�s. 1�ind Hart�est Partners is seekr Walnut Hi§i � DA�27.7 stakion � � O - n x a Farr Oaks '� Aark � � � QR•� -p � Qe, � �r;�e Shaplra Park . _msi�, i`sr isc�c€� jst:�t�'n �G�Sc �. q, 4' � � \, �s (��` oQ'1r tQa`�-y ov � Fa' � �DAF2T station �ark Lan,� �� ` North�,e�t 1� 3/4 mile ��.�. f i� g ienants far a►tew office to4ver. "We are worka�ig o�l plans for a 400,C100-sqnare-Foot builc�ing ri�ltt on tlie corner af Park azid North Ce�ntral," Mr. R�Yble said. DAR'i's director of economic develapnaent ai�►d plinnirig, Jack Wiea�zenska, s�id he isn't s�ir- prised to see that Iocal 'I`ODs are getting; %igger. "It's just the maturity and the reality nf the marke[," Mr. Wi��•- zeazski saici. "I'��e early ones weee more of a let's-see-if-this-wc�r�cs," And the inz�a:ct of these pro- jects are likely to spread beyc��d their boundari�s. "I'l�erc is a ri�ple effect," M�•. Wiez�z.ezaski s�id. "Moekingbird Statioal ��as seen as a suc�ess bi�t now look at whai's — evea� mare — gc�itig on �rou��t� it." Lake H�ghl�nds homeowners wl�o lobbiecl #or Frescott Realty Group's peojeci on Skillman Sti•eet also expect it to l�e a posi- %ive influence on t�e neigh}�or- hood. The 70-acre developm�nt is ex��ected to cost as much as $4d0 rnilli��3 and �i�ili includc �,boitt �,,600 resiclences, 300,OOU scpuare feet of retail and about 100,a00 sc�ua.re feei of office space. Altnast 20 acres is bein� sei aside for park a.nd public space. Crews 2re btlsy demolishing the oie� a�artments io make �vay far the urban village. "About 50 percent of the site is clearec3," saic� Prescc��t Realt�s Mr. 1]et�viler. "We laaue knocked do�vn over 40 buildings. "We ��ill staE�t n�oving dirt ai�d �uttin� in the streets and other infrastructuee by May." Tlie first ��hase o#'�.ake High- lands Tc�r�vz1 Center is ta o�en late next year, he saicl. "We �re hra��ful that tli� new DART station will l�e ready }�y late �fllfl or early 201i," Ma•. Det- vt�iler s �id. The adclition of the �ransit stc�p ta DAR`I"s existing Garland Linc enahlec� the �evelopers ta seek zoaling cha►iges for nnore buildings for iheir �roj ect. "I�� ord�r to make �•e�evelop- �Ient �vo��k an an urban are�, yoti hat�e to have adciitional de��sity bec�use �f tl�e costs," Mr. £}etwil- �C StllC�. r :ia;-�� ..:4 „ i � . . . `s� _ t �-�p , � • :, � �« ,,J�. Trash bins in way of Future Study: Downtown has development potential, but obstacles remain 12:00 AM CST on Tuesday, February 2, 2010 By Lowell Brown / Staff Writer Denton Record-Chronicle Downtown Denton has vast potential for development in coming years, but the city will have to overcome obstacles that include unsightly trash bins and a lack of public parking, a city consultant said Monday. City leaders are looking at those issues and more as they mount a final push to implement a 2002 downtown master plan. City staff members are working with a consultant, Jacobs Engineering Group Inc., to finish the study and draft the related codes ahead of an expected council vote in mid-April. The study is focusing on a broad range of topics affecting a roughly 160-acre area bordered by Carroll Boulevard to the west, Parkway and McKinney streets to the north, Bell Avenue to the east and Sycamore Street to the south. Some of the same codes would also apply farther east to Exposition Street, where city leaders hope that a planned downtown bus and rail center at 604 E. Hickory St. will spur transit-oriented development. Rick Leisner, an urban planner with Jacobs in Dallas, briefed Denton City Council members on the effort during a lunchtime meeting Monday. The discussion centered on Jacobs' work since last fall to study the downtown area and recommend new standards for land use, architectural design, bicycle and pedestrian mobility, parking, trash bins, parks and open space, and related issues. Leisner said the downtown area has great potential for development, particularly multistory buildings with a mix of street-level retail shops and housing above them. The current density of the study area is more like what is typically seen in suburbs, rather than a downtown core, he said. "From an economic development standpoint, we have significant opportunity there" with vertical building, Leisner said. The engineering firm is developing design guidelines that factor in the eclectic nature of downtown architecture while focusing on quality, Leisner said. APPENDIX : 1�,�� _ / The guidelines would apply to new construction and "significant" exterior remodeling of existing buildings, he said. Downtown shoppers and business owners have long complained of a lack of parking. While the Jacobs study showed more than 4,300 parking spaces in the study area, only about 280 were in public lots. Another 780 public parking spaces were counted along roadways. Officials with the city and Wells Fargo shelved plans for a residential-retail parking garage project in late 2008, saying the economy wouldn't support it. Leisner suggested a"shared parking concept" where existing parking lots would accommodate public and private uses. Council members informally agreed Monday to strike an existing city code provision that allows developers to build in the central business district without adding new parking spaces. The move still needs formal approval from the council and Planning and Zoning Commission, a process expected to take several weeks. Officials described the move as a stopgap measure to ensure that developers don't rush to file applications for projects that would conflict with the proposed new parking codes. In the meantime, developers would have to meet the city's general parking standards or secure a variance. Council members also discussed ways to reduce the number of visible Dumpsters downtown. Options include screening the nearly 90 trash bins or creating more-centralized collection areas. Council member Joe Mulroy criticized the city's makeover of Cedar Street, just west of the Square, for allowing roadside Dumpsters to remain unscreened. The $1.7 million project, finished in 2008 and partly funded by a federal grant, replaced underground utility lines and added wider sidewalks, lantern-style streetlights and bike racks along the street. "Our first step was a misstep," Mulroy said. "We spent a large amount of money redoing that [street] trying to take our baby steps for the downtown plan and we did not address the Dumpsters per the downtown master plan." Denton parks official Bob Tickner, who managed the Cedar Street project for the city, said in an interview :, � �« ,,J�. that officials discussed several options for screening or centralizing Dumpsters during the makeover. They ultimately dropped the issue over concerns the screens would be too expensive and take away parking spaces, he said. Merchants also couldn't agree on how to combine the trash bins, he said. "It's more than just a Cedar Street problem," Tickner said. "It involves all the streets, all the Dumpsters downtown." The council approved a$224,995 contract with Jacobs in September to perform the study, formally known as a downtown implementation plan. The study included interviews with about 90 downtown property and business owners, city officials and interest- group representatives; a Web-based public opinion survey; and a public meeting Dec. 14 at Central Fire Station. A second public meeting is planned for late this month or early March, Leisner said. In the one-on-one interviews, stakeholders identified parking, infrastructure and outdated building codes as the major issues facing downtown. They also wanted more shopping, entertainment and housing options, and screens for roadside Dumpsters. Results from the online survey were expected in January, but Leisner said Monday they were still being tallied. Council member Charlye Heggins questioned whether the city and consultant had done enough to publicize the December meeting, saying photos of the event showed few minorities participating. "It was not filtered through the community, period," she said. Brian Lockley, an official with the Denton planning department, said the city advertised the event multiple ways, including through local chambers of commerce and neighborhood groups. More information on the downtown plans is available at the city's Web site at www.cityofdenton.com/dtip. LOWELL BROWN can be reached at 940-566-6882. His e-mail address is Imbrown@dentonrc.com. APPENDIX : 1�,�� _ / , ` � � � � � ' �; = 4IS1tDCritunFCee i r:IMeAYCakinguD� t inaffiinetllsifndY��Sa �q,� `�3�y�: �;Ui'�SLII�IStS : �CiX xerx��z�iendat3ons far new d�wniowii ' eodes and ga�k�czaa�g,.feeciback on, the . 'plans at �lze l�en�n Civzc Cen'ter. The ' e ri�eeting ;was the Iatest`ste� in t��e city's ': oz�going push to iiii�ilenne�i a 2E)(32 ; do�ito�n masier plari ihis year: ;: ."I`he r�ieetizxg ;o�'e�•ed az�o��ei•::cl�ance ; for i.he publzc -to znfl�icnce �lae area's '�iitu�•e , befare consi��ting frtti ,Tacol�s i eleas�s its �nal'recoir�rrEeizdaiioz�s i n 1a1�: April or early May. Any new cot�es would fa�e pulil�c �xea �, i��gs and voie.5 ;b�fore il�e �'l�;nriing aiid 7oning Co�nmission aiid �aty : Cauncil, : '�nd soane eilvrsioi�ed inipror�en�enls such ; ` as mcire tre�s ar�d wider sid�i�v�lrs r�vcsulii IikeTy count oz� :��ubiic fu��e�ng;: source.s <that �iaven't �icen ideiatiifier� e�vat ot a `.'c�irecit��#'oz� J�eo�is ': "C`Je�.rl}; dowi'►tnwn �e�ton's' i�nxe is i�ow;' lie said. J�co�is`has �tivnrkeri,sinc�-last.fall to s�udy �}�e t�oyviziovvza area and recotri- niend n��r sta�dards for;la�d �zse, �rch�i� iectura] cles�gn; ;�ic�ycle ;and pe,desizia�i 'rno�iility; :par�n�;; irash'bins; parl� arii� , p�en sp�, ar►� rela�cd issu�s: T�e study �re�, incliides xai�g�ly :'16(3 : �res bbrdered .by Car�•oll Boulevard tc� �he wesi� �'a��icway and 11/tcKinne� sireets io �.he riorr�, B�II Ave��ue tn t�e eas�; ai�d Sycamore ��eet` to .tl�e souili: Some : o�' the sa�ne codes';�tivould a�aply:fartl�Fr.'easi: to Bxpnsition Street to:ixiclude t�ie:site nf �e� €�Q��T�?�� n ��A z:ra �: ?'s >� zg ,*: t� - `",; :� � ;: : ;�; �� I �y }- SS j1 �/ 2 "` i / �� , �� < � _��4�, � � �Gf ;;i� � z,;:.: ��, � � 2 y l��E ��Z , Y f � �� '�% ��"3 �i ` n`v,. { P'� f 'v� ��` s,, z� I s.F:,i � �r . %� � f{., rk } _ a ' z�` � .:':, � ,�. � ��,� 7 . i 5 5 aa � :.�_ � ,.5.�0� . � � �' « w � • ,� . .,.. atatt virr�te€ :,.. ' A vision �'o�.• a xe�r�in�ped dn��n�;c��i �entozx wii:ix tree-lined sti•eets,;vi>ider si�ewa�ks, bic�=cie laries and: �ew ze�aaI arad �o�sing dEVe�op�nen�xv�s laid out at a&�i��.��ic �x�ee�ii�g'1'l�uzs�.zy si�gh�, �a � k �� '.�. . i � � '� � ir i� �.. �- . � � � ��_NSft IlarttanRCieem br late-4reaAfnp uptlntes; multi�maAlalnA morp - ,�<7 .y _. �� .�� n�� 2 �3��I127G'�'C�OY*a11�UE�WTt �3L1S'.c�21C� �T��1� ��i��i�k�� µ� razl ce9�tez: The shaded �rea: shows the, prajeet bountlaries �f th� city of bei�ton's �ect�z�z�iiendat�o�s floatec� :�ourntoitin in�pleriientatioit plat�, a;sfucty aesi��ed to �elp imple�ient a 'T'�i�irSddy inclurle : � 2402 dawntown'ma5ter �1an. l��z��ng irio�e-fle�rible rle�ielopment crjd� �.,`�a�cway� � .� -�'''.. �; - � Ac1cIi�ig :bic�cIe �a,r�es t�t� [ : 1rn :�� '� �yc�i�iore ` Striet az�d sh�� ed � ;�� , 1aiYes �r 'cycl�sYs at�� ve�iie�es � " �1cKmney � t., � � .� APPENDIx li�>es c�ovvn�r��n, said s�e iikec� �na�y of:�he t;nnsutiants' ide�s. . �3ii� slae's :: nat ;convir�ced : a dci�vz�ta�vrz�: renaissance :is in store, ; , "I dan't ; q�iie u�dersiand w�iat has h��aeried at tlazs �ime tl��i the toiv�a zs �i:ow gain� � on �ln� a��d T�ct�st stree�s � be ::al��e io l�ri�g businesses , � � �, � ,� 6�� ' � �@ ; ; dovvntc�wri,; vahen :,we'r�e lieen � Iten�o�ng rnan� nurr��- ° � � � . strugglin� ;against the,..�:,bop . sters ei�her �y �ia�ring prop.. , .� ' �j�k�� . �,., ;; � C��B� fpr deca�d.es, ;;she said. �_A ei°ty own��is sliar�;therr� pr by '. ' � � o nenic�n tia�,ir�.r �a,�r t�ivpr�. offeri��g d�ily cnllectia� of �ilas- � r �-, '� y chai�nan tic tras� ba�s ,��yc��!� ,� � �, � � : S�r�m�� nornic ,D ' � �__:� �.�._. ;■ Na�xo�ng stz��ets snch as ': �,��,: .., ��, ` sh�p;Baaz �ic3�ory and ��:k,;arrii �ding � t�wn �iev� ;an�led or pa�ra,lle� p�x��n� sr��l�,ti;c �e'� majo ; spaces tcS �edt�c� th� speet� c�f ".One i�� ,t�a�ic Squaxe a�r.d sev�� tziries nEar ;�treet. �ickory would �e :a cievelo�� i��tn�ii�ig the rec��i�ernents tli� t�an�it c��i�er zn.ore c3.irect route b�tween t�i� ei��er re� ��for' ��vE+ �iarkz�g spaces' by ' Kat�'�ce, a repr�er�tat�� df "' ITniv��srty" of i�or�h �'e�c�s �.�d t�Zing zxe' '.,encaura�iag:t�� s�iar�d.use o�' t�tie �ike �ent�n grci�p, said the pl�net� dawntn�vza traz�sit don'thav� �exis�€nglots she liked sorne elernentis of��e::: cznter east 6f the Square, sli= '--' _--`;- ��lttende�s ge��raliy. a�reed �Zan, iii�cluc�in�: a r�uireznezi� ; said. r ; ori ti�� }��;oacl id�as li�l�ind anast :tha� d�belo�irients piro�de,:.: �u�i MeIion . ai �nwm�,r. 3iif �il�e �ir�pasals; acco�e�ling �n sorne parking "spaces £or bicy ;:: M�Iton..As�aci�.tes, vvh�c�� aYY irifc�i°inat s�i�vey t�en'tittz�4 c�es alorig with: vel�icles.. ifu�` . vvo��g wit�i .�a�olis dn tli z��g th� �eei�ng. �'hey of�ered she `was clisa�ippi��ted;t3�ai t�e plans; said Sye�anor� �was c�ic rnaxed %edback ;or� other prn- rr�ajor '�t-west ��cycIe: lanes :. sen .�"eca.use it h�s less �ehxc� pasals, s�ic�i as 1iri�i�irig �ii�ild�...' �vere �ropnsed �ar :Sycam�re:: iraffzc� ings i� %tiz� st,c�ries neai• the Street, rather th�n Hick�ry J'acquela�ie �o�z~Csch, ��i� ner- , . ,;�,�� : �� '; �� ;: 3 �� me� ; ,: W@ ! :� � . �-t,o ' fi�1d de�elap�:ent� �.�d ihe� .!, do�i't �� c�ovvn�wri;;, �i3WL.�� ,�UYi�N'can �ie reached at ��J-56�-6882: �i� ' : 'e-r,ia�i c��c��s is.lrr�brvr�rti� �I.e�a�anrc:com. : 1�,�� _ / � , 4 � � .' C��r�cil �e� �� te on ��Y�i change fo prov�sion far �fiat: o� central b€�siness��isfiric� ! '""e�:s Where. ( Detallsd By Lowelf 8r.owrt of.a;cfry `5tafif Writer of new:p :Denton eity leaders are cflnsidering fordown yJ �r _ " ltiesday on whether to stcike an existing street parking in code provision tlxat allows developers to say. ; huild in flie central business di�trict '�e planners zs . � l �� ?> 3 �+ ty Council meeting ` ,Tuesday,: 215 E. MoKinney St. nda indudes a public hearing and possiblevote on a p(an to repeal part at allows development in the central business district withb�t the add€tian .' paces. ihe;:proposetl ortlinsnce an� ofher agenda infotmation is available - www.cityofdenton.cbm, under the °Agenda & Minutes' link on the ma€n ieant to spur devetop- opers don't rixsh to fle appiications for '' buted to a lack of off , projects be£ore the ::sprix�g, when tlae the area; city planners. coux�ciil is expected to considex a wide-; ', spread review a£ da�vn$o�+� cades. desGribe the r�ove as,a Ct��ics — izicluding pron�inentda�un'- ' rithout o�eri�lg new parking spaces. temporary soluti€on-ta make suxe devel- tciwr� business avvnei�s �nd devel�pers --�- x, � lE -�- v b .....,.,... ....A.,. In the rneantime; city plan.- ners want to take away the 2xemption that giyes down- : forvn developers a_=pass _on " parking requir�ments. If the ehange is'approved, �ew con- stniction and some iedevelop= : mei�t projecfs in the areawould'? have ta mee� the cifp's generaJ ;' puking standa�•ds or secure a variance. LOWI'I L B.ROWN cun be reachedat 9��-5b`5-�882.I�is < e-�ric�id address i�� lm�rrown@ rleritonr�c,cr�m. say t��e cziy is jumping the gun with the new parki�ig rcquirement and pushing a cl�ango tltat eorxt� srifle developmerit, o. 'I'hose eancertis heIped-lead the city's � � Planning and Zonzng Cciinmission to �! recomtnenddenialafthechalzgaUy.aS- Congress' 1 vote last week. The cha�ge now needs �°� a supei�najority, or six vo%s fro�ri ihe � seven-member �ity Council, to pass. �' i}ak rict :° The activity is part ofthe cit�s dziveto ��Fiickb�� ,� � ��- put a 20�2 dowYitnnrnm master plan anto � practice. Citystaffmeinbers areworlang 'o �: with a consultais�, Jacobs�� Engineenng �� f� �� Group Inc,, to �riish the plan aheaii of ��: � atz expscted council voie in April. � E�� T�xe downiow�i nnplementat�on plan EagEe �%_ ��Q, �1 wi ° S92 PARKfPdG ott 3Pa � stairgc:i�hic — � �RAlll �s fv . 1� H �� ii� "tl ��Iu C. � ..' Ir�^� i�",�r �� • _ , �. -� .i APPENDIx : 1�,�� _ / Electronic version of Downtown Implementation Plan report provided on CD. s:\legallour documentslresolutions\101nthea cert of sec.docx RESOLUTION NO. R2010-033 A RESOLUTION BY THE CITY COUNCII, OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF BONDS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF THE PROCEEDS OF SUCH BONDS; RECOGNIZING THAT THE CITY HAS NO FINANCIAL OBLIGATION TO PAY ANY PRINCIPAL OR INTEREST ON THE BONDS, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTNE DATE. WHEREAS, North Texas Higher Education Authority, Inc. (the "Authority") was established as a non-profit corporation pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational opportunities of students by providing funds to purchase or to make guaranteed student loans; and WHEREAS, the City of Denton and the City of Arlington have requested the Authority to exercise the powers provided for in Section 53B.47 of the Texas Education Code, as amended; and WHEREAS, pursuant to such request, the Authority has issued student loan revenue bonds or otherwise borrowed money to obtain funds to purchase or make student loans which are guaranteed under the provisions of the Higher Education Act of 1965, as amended; and WHEREAS, pursuant to such request, the Authority has issued student loan revenue bonds or otherwise borrowed money to obtain funds to purchase or make student loans which are guaranteed under the provisions of the Higher Education Act of 1965, as amended; and WHEREAS, the Authority has advised the City that it plans to refund student loan revenue bonds which are insured by Ambac Indemnity Corporation or secured by a letter of credit from DEPFA Banlc, and that such refunding issues should result in lower interest costs to the Authority; and WHEREAS, the Autharity requests that the City now approve the issuance of bonds to refunding outstanding bonds of the Authority and to provide financing to purchase student loans; and WHEREAS, the City wishes to approve the issuance of the Authority's bonds provided that City is not responsible in any way for such bonds; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council of the City of Denton, Texas, hereby grants its approval to the North Texas Higher Education Authority, Inc. to issue and deliver student loan revenue bonds, in one or more issues and one or more series, in an amount not to exceed $680,000,000 in 2010 and 2011. The bonds are to be issued to refund outstanding bonds of the Authority, including taxable bonds, for the purpose of obtaining lower-cost financing, to provide funds to purchase student loans, to set aside the amount the Authority determines is necessary for payment of interest on the bonds and for operating costs and a debt service reserve, and to set aside the amount the Authority determines is necessary to pay the cost of issuing the bonds, in accordance with the laws of the State of Texas, including Chapter 53B, Texas Education Code. s:Uegallour documentslresolutions1101nthea cert of sec.docx SECTION 2. The City of Denton, Texas requests that the Authority exercise the powers enumerated and provided for in Section 53B.47, Texas Education Code, as amended, and that such non-profit corporation sha11, in this connection, exercise such powers for and on behalf of the City of Denton, Texas and the State of Texas, as contemplated by Section 53B.47(e), (� and (g), Texas Education Code, as amended. SECTION 3. The City of Denton, Texas does not agree to assume any responsibility in connection with the administration of the Authority's student loan program. Sole responsibility for the administration of the Authority's student loan program is assumed by the Authority. SECTION 4. Further, it is recognized by the City of Denton, Texas that the instruments which authorize the issuance of bonds, notes, or obligations by the Authority will specifically state that the City of Denton, Texas is not obligated to pay the principal of or interest on the bonds, notes, or obligations proposed to be issued by the Authority. Nothing in this resolution shall be construed as an indication by the City of Denton, Texas that it will pay or provide for the payment of any obligations of said Authority whether theretofore or hereafter incurred; and in this connection, attention is called to the Constitution of the State of Texas, wherein it is provided that a city may incur no indebtedness without having made provisions for its payment, and the City Council of the City of Denton, Texas hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Authority. 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 that public notice of the time, place and purpose of said meeting was posted, as required by law. SECTION 6. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the � da; ATTEST: JENNIFER WALTERS, CITY SECRETARY : TO FORM: ANITA BURGESS, CITY ATTORNEY BY: � Page 2 s:llegal\our documentslresolutionsUO�nthea cert of sec.docx THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON CERTIFICATE OF SECRETARY . . I, the undersigned, Secretary of the City of Denton, Texas do hereby certify the following: /, 1. On the `%��L day of , 2010, the City Council of the City of Denton, Texas convened in regular sessi n at its regular meeting place in Cit�, with the duly constituted members of the City Council being as follows: Mark Burroughs Mayor Charlye Heggins Council Member, District 1 Dalton Gregory Council Member, District 2 Jim Engelbrecht Council Member, District 3 Chris Watts Council Member, District 4 Pete Kamp Council Member, At Large Place 5 and Mayor Pro Tem James King Council Member, At Large Place 6 and all Counci� Memb�rs were present at said meeting, except the following: � Q � �.,.� �t/Ji� �Ln 1%n ti., n Among other business ConsiBered at said meeting, the attached resolution, entitled: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF BONDS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY,INC.; APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF THE PROCEEDS OF SUCH BONDS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH was introduced and submitted to the Council for approval and passage. After presentation and due consideration of the resolution, and upon a motion by L��, �, �, //YI e� b u� C�v�e4a�; �/ seconded by CD�� /1 %1%2YnbQi� �/✓Q�.�the resolution was duly passed and adopted b the City Council, to be effective immediately, by the following vote: � voted "For" � voted "Against" � abstained all as stated in the official Minutes of the City Council for the meeting held on the aforesaid date. 2. The attached resolution is a true and correct copy of the original resolution on file in the official records of the City of Denton, Texas. The duly qualified and acting members 50305802.1 s:\legallour documentslresolutions110�nthea cert of sec.docx of the City Council of the City of Denton, Texas, on the date of the aforesaid Council meeting are those persons above named; and according to the records of my office, each member of the City Council was given advance notice of the time, place and purpose of the meeting, and that said meeting and deliberation of the aforesaid public business was open to the public, and written notice of said meeting, including the subject of the entitled resolution, was posted and given in advance thereof, in compliance with the provisions of Chapter 551, Texas Government Code. IN WITNESS THEREOF, I have ereunto igned my name officially and affixed the seal of said City, this the � day of , 2010. � Je r Walters, City Secretary City of Denton, Texas (Seal) 50305802.1 s:Uegallour documentslresolutions1101atmos reso 2010 mn settlement.doc RESOLUTION NO. R2� 10-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ("CITY") 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 THE RATES SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; FINDING THAT THE ADDITIONAL COST FOR REPLACING STEEL SERVICE LINES IS APPROPRIATE AND IS APPROVED SUBJECT TO A PRUDENCE REVIEW, FINDING THAT THE CONTINUATION OF THE RATE REVIEW MECHANISM ("RRM"), AS AMENDED, FOR TWO YEARS IS REASONABLE, REQUIRING DELIVERY OF THE RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS APPROVED COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDING5 AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act ("GURA") and under § 103.001 of GUR.A has exclusive original jurisdiction over Atmos Energy Corporation — Mid-Tex Division ("Atmos") rates, operations, and services as 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, on or about April 15, 2010 Atmos filed for an increase in rates, pursuant to the Rate Review Mechanism ("RRM"), of approximately $70 million; and WHEREAS, almost one-half of the increase for RRM this year is the result of the rate of return true-up component of RRM; and WHEREAS, the rate of return true-up component of RRM has been controversial and difficult to apply; and WHEREAS, over the past few years there have been explosions of Atmos' steel service lines in the Mid-Tex Division which have caused serious property damage and loss of life; and WHEREAS, the most at-risk steel service lines need to be replaced over the next two years; and WHEREAS, after months of negotiations and after months of reviewing Atmos' books and records by ATM's experts , a settlement was agreed to by Counsel for ATM, acting on behalf of ATM's Executive Committee, with Atmos, which provides for: (1) the replacement of the most at-risk steel service lines, to be paid for with a small increase in the customer charge for residential and commercial customers; (2) a reduction of 61 % of Atmos' requested increase in rates for 2010; (3) the continuation of RRM for two more years but without the rate of return true-up and (4) the filing of a general rate case by Atmos on or before June 1, 2013; and s:Uegallour documents�resolutions1101atmos reso 201D rrm settlement.doc WHEREAS, the Executive Committee of ATM and its lawyers recommend that Council approve the attached settlement as set forth in Attachment A along with the attached tariffs which are set forth as Attachment B; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings set out in the preamble to this resolution are hereby in all things approved and adopted. SECTION 2. The settlement agreement, Attachment A, on balance is in the public interest and is approved. SECTION 3. The rates contained in the attached tariffs, Attachment B, are just and reasonable and are hereby approved subj ect to a prudence review of the steel pipe replacement expenditures in the next general rate proceeding. SECTION 4. A copy of this Resolution shall be sent to Mr. David Park, Vice President for Rates and Regulation, Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75204, and to Jim Boyle, Counsel for ATM, at Herrera & Boyle, PLLC, 816 Congress Avenue, Suite 1250, Austin, TX 78701. SECTION 5. 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 6. This Resolution shall become effective immediately from and after its passage. PASSED AND APPROVED this the �� day of ��O , 2010. ATTEST: JENNIFER WALTERS, CITY SECRETARY , BY: APPR ED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � BY: , Page 2 MARK A.- BURROL.J'GI�'S", MAYOR ATTACHMENT A SE�TTLEMENT AGREEMENT SETTLEMENT AGREEMENT SETW�EN ATMOS ENERGY C�RP., MID-TEX DIVISION AND ATMOS TIGXAS MUNICIPALITIES WHEREAS, this settlement agreement is entered into by Atrrzos Ezaergy Corp's Mid- Tex Division and Atmos Texas Municipalities ("ATM") whose nlembers include the Cities of Austin, Balcl� Sprin�s, Bandera, Bari:let�, Belton, Bloax�xing Gzo�e, Bryan, Camero��, Cedar Park, Clifton, Co�nmerce, Copperas Cove, Corsicana, Dentoz�, E�ectra, �redericksburg, Gatesville, Georgetown, Goldthwaite, Granbury, Greenville, Groesbeck, Hanniiton, Heath, Heruietta, Hickory Creelc, Hico, Hillsboxo, Hutto, Kez•e�s, Lampasas, Leander, Lometa, Longview, Mart, Mexia, Olney, Pflugexville, Point, Ranger, Rice, Riesel, Rockdale, Rockport, Roge�•s, Round Rock, San Angelo, Sanger, Somerville, Star Harbor, Trinidad, Trophy Club, and Whitney; and WHEREAS, an March 15, 20I0, Atmos filed with the ATM Cities aii applicatian, hereafter referred io as the 2010 1�12M filing, to adjust rates pursuant to Rider RRM - Rate Review Mechanism; and WHEREAS, ATM has hired expei�:s ai�d lawyers to aiialyze the rates proposed by Atmos Energy Co:rp.'s, Mxd-Tex Division ("Atmos" or "Co�npany") 'in its 2010 RRM fling; and W�-iER�AS, the SettIement Agreement resolves all issues between At�.�os and .A.TM ("tha Signatories") regardi��g the 2010 RRM filing, which is currently pending be%re i1�.e ATM Cities, in a manner that the Signatories believe is consistent wiih tlie public interest, and the Signatories represent diverse interests; and WHEREAS, the Signatories believe ihat tl�e resolution of the issues xaised in the 2410 RRM filing can best be accomplished by each ATM City a�proving this Seltlament Agreement and the rates, teims and conditions reflected in the tariffs atiached to this Settlemeiii Agreemelit as Exllibit A; NOW, THERE�'ORE, in consideration of the mutual agreements az�d covenants esiablished herein, the Sigiiatories, �hrough their undersigned representatives, agree to the following Settlerrzent Terrras as a znear�s of fully resolving alI issues between ihe ATM Cities and Atrz�.os involving the 2010 RRM �iing: Settlement Terms Upon the execution of this Settlement Agreement, Atmos and ille counsel for ihe ATM cities will recoixxmend that an ordinai�ce or xesalutxoz� be adopfed io a�prove this Settlement Agreernent and izn.pleznent the rates, terms and con.ditxons reflected in the tariffs attached to this Settlenlent Agreement as Exhibit A. (Attaclunent A to the Oxdznance ratifying this Agreement). Said laziffs shauld allow Atmos an additional, prospective $27 million in annual revenue by implemeni.ation of rates shown in the proaf of revenues attached as �xhibit B. (Attachment B to the �rdinance ratifying this Agreezri.ent). The uni�orir� implementation of gas z'ates, terms and condztions estaUlislied by this Sett�ein.ent Agreemant shall be effeciive for bilis rendered on or after October 1, 2010. 2. In an effort to strearrzline tk�e �•egulatory xeview �rocess, Atmos and ATM ha�ve agreed to renew the Rate Review Mechanism ("Ridex RRM") for a period commencing witl� the Company's April 1, 2011 filing under this znechanism for the calendar year 2010, effective August 15, 201 l, and concluding u�oai the im�lementation of new, final rates established pursuant to the general rate case that Atnios will file on or be%re June 1, 2013. Rider RRM provides for an annual rate adjustn�zent to re�.ect changes in biliing detei7ninants, opexating and maintanance expense, depx•eciation expense, other taxes expense, and revenues as well as changes iz� capital inv�stment and associated chaz�ges in gross revenue related. taxes. Tl�e revised RR.M tariff xs included in Exllibit A. 3. Notwithstanding the RRM rate adjustmenis ihat will occi.0 pursuant to paragraph 2 of this Settlement Agreement, Atm.os and ATM agree that on. or before Ju��e 1, 2013, Atn�os slaa�l ��e a ge�eral, system-wide rate case for the Mid-Tex Division. During the pendency of the general rate case, Atmos and ATM agree that rate adjus�nents associated wzth the RRM fiiing for calendar year 2011 shall be iniplemented on August 15, 2012, and sUall remain in effect until the eaz•lzez• of eitller the Xssua�ice of a f�nal order by the Railroad Cazx�rz�.ission of Texas in the general rate case to be �'iled on or befflre June l, 2013, or the entry of an agreed upo�a order xesolving all issues iz�volved in the general rate case. The adjustments made or requested in the Sth year RRM sha11 noi be cousidexed precedent duxing the general rate case. 4. Ain�os and ATM further agree that for #k�e period coznz�iencing March 1, 20I0 through Septen�ber 30, 2012, A�xnos wi11 expand its existin:g steel service luie replacement pxogxam io com.plete the replacement of lOQ,000 steel service lines within zis Mzd-Tex Divisian during this perzod. Atrnos and ATM agree 1;hat a risk-based approach sk�ou�d be adopted to allow replacement of the kaighest prioriiy steel ser�vice lines within this tzzne period. Atxnos agrees to provide the ATM cities wit� quarterly reports providing the number and location of the lix�es replaced during i:he quarter. Ai:naos agxees #o coordinate with ATM mem.ber cities io znin�mize clisruptian ta cities' rights af way without compromising tl�ze safet� of residents of the cities. 5. Atmos and ATM agree that costs incurred to replace steel service lines prior to Octobez• l, 201Q shall be included in tlle RRM rate adjustment caleulaiion for the 2p10 calendar yeax, and shall noi be subject i:o or incIuded in the rate cap lixnitations set forth in subsection IV (a)-(b) of tlae Rider RRM tariff:. 6. Atmos and ATM a�ree that the projected ineremental direct costs incurred to replace steel ser��ice lines on or after October 1, 2010 shall be separately identified and shall r�ot be subject to or included in the rate cap limitations set forth in subsection N(a)- (b} of t��.e Rider RRM tariff. Atmos and ATM further agree tl�ai such projected direct incremental costs incuxred to replace steel service lines after October 1, 2010, sha11 be sepaxately calculated a.1id recovered as a discrete coinponent of cusiomer charges in ihe Company's aru�ual RRM �lings as set forth below: a. Atmas and ATM agree that Atmos sk�all be entitled fo separately adjust rates for the Rate E£�'ective �'eriod as defined in the Rider RRM ta.riff to a�low recavexy ai tl�e projected annual revez�ue xequirer�ent assaciated vvith direct incremental costs to be i�cu�red i� co�nnection with a steel servica line repaace�ne�.t program, that are not otherwise ix�cluded within the RRM cost of service, ir�cludix�g a retuzx,. oz� equity of 9.0% within tlle overall weighted cosi of capital applied to net � in.vestmei�zt {net plant add.itians, less accumulated depreciation aizd accumulated deferred income taxes), depreciation expense and applicable taxes; b. Atmos and ATM further agree that the capifal structure used to calculate tk�e stee� service line replacement rate adjustmeni will be tk�e actual Evaluation Period (as defined in the Rider RRM tarif� xatio of long-terin debi and equity, witl� an equity pe�•centage not to exceed 50°fo; c. �Zate recovery associated witl� a stee� sez�vice line replacement program shall occur through an. adjusiment to ihe Residential and Commercial custoznex• charges. Current year recovery factors as of October 1, 2410 skaall be $�.15 for residei�tial customers and $0.41 for eommercial cusCoxners. The rates will be adjusted annually, however, Atmos an.d ATM agree that in no case wiil the pex custarner rr�onthly cost rec�very factors attributable to a si:eel service line zepaacer.nent progran�z exceed $0.44 for residential cusiozners or $1.22 for coinmercial custonlers, either prior to or during thc pendezicy of the general rate case Atmos will file on or before June l, 2013. d. Atmos ax�d ATM �urther agree that any �ex cus#omer a�n�unt aitributable to cast recovery for a steel service line replaceinent program slia�l be subjec�C to z'e�view by the regulatory authority in a subsequent Evaluation Period as defined in the Rider RRM tariff and all incremental costs associated with a steel service line replacei�aent program sha11 be subject to a prude�nce/reasonableness xeview i�n tk�e general rate case to be f led by Atmos on or before Juue 1, 2013. 7. Wzt� respect to tl�e Compa�y's annual RRM filings, Atinos agrees to pay all reasonable and necessary expenses of each entity having original jnrisdiction that are incurred to review ihe C�mpany's aunual RRM �lings. Atmos furtl�.er agxees t�at i�a calculating the �ro�osed rate for any Rate Effective Period, the Campai�y shall not include: (1) any exl:ern.al legal, expext, or cansultant costs to prepare and/or provide suppoi�tive informatioza related to its filii�:g; ox (2) reiznbuz'ser�ents to original jurisdiction entities. Notwithstanding paragraph 7 of this Settlement Agreezxzent, Atnzos and ATM agree that in the event of an appeal of an original jtu•isdiction entity's decision regarding a pa�oposed RRM adjusttnent, recovery of rate case expenses shall be determined according to Chapters 1 Q3 and I 04, TEx. UT1�,. CODE ANN. �urther, zz� tk�e event o� suc� appeal(s), Atmos shall racover any rein�bursement made to �he axiginal jurisdiction entity through a surcharge to all customer rates that are subject to the Commzssion's jurisdietion. in that proceeding ox pxoceedings that m,ig�t Ue jQined therewith, regardless of whether such reimbursemezats are ix�ade during the initial review pez�iod ox appeal period. 9. The ATM Cities agree that they will not challezige the legal basis of the rates, terms, and condiiions z•eflected zn E�l�aibit A, ar any annual RRN� adjustment that is implemented pursuaalt to Rider RRM. 10. Atmos and the ATM Cities i'urtkier agree that tlae express texms of the Rider RRM are supplemental to th.e filing, notice, regulato�y revi�w, or appellate procedural process of the ratemaking provisions of Chapter 104 0£ ihe Texas Utilities Code. If the siatute requires a rnandatory ac�:ion on behalf of the municipal regulatory authority or Atmos, the parties will follow the provisions of suc12 statute. If the statute aliows discx•etion on behalf of the rnunicipal ragulatoxy authority, the ATM Cities agree tlaat tl�ey shall eaercise such discretion in suck� a way as to in�.plement the provisions of the RRM 1:ariff If Atmos appeals an action or inaclion of an ATM City regarding an RRM f lzng to the Railroad Cornmission, the ATM Cities agree tha# they will not oppose the impleznentatian of intexim rates or advocate the irnposition of a Uond by Atmos consistent with the RRM tariff. Atmos agrees that it wil] n�alce no �iliz�gs an behalf of its Mid-Tex division under tl�e provisions of Tcx. UT[L, CODE ANN. § 104.301 while the Ridex RRM is in place. In the event �hai a regulatory auihority fail.s to act or enters an advexse decision regaxding the proposed annual RRM adjustment, the Railroad Coxx�mission o� Texas s��all, pursuant to tk�e �z•ovisions of ihe Texas Utilities Code, l�ave exclusive appellate jurisdiction to review 1:he action ox inaction of the regulatory auihority exe�rczsiz�g eaclusive original jurisdiction over the RRM z�equest. In add.ition, ti�e Sigziatories agxee that this Settlement Agreement shall not be consttued as a waiver of the ATM Cities' right to initiate a show cause proceeding or the Cox�pany's right to fzie a Statement of Intent under the provisians of the Teaas Utilities Code. 11. Atmos and ATM ;fu�:her agree thafi #he ordinance oi; resolution adopting this Settlement Agra�ment shall include a provisian authorizixag Atmos to establish regulatory asset account{s) for costs related to workin� gas in stoxage. Atmos and ATM fiii-tk�er agxee 1:hat the laiaguage authoz•izing these regulatory asset account(s) shall be the same as tliat set forth in the 4�' Ordering Paragraph (Page 10 of 11) of ihe Fina1 prder Nunc Pro Tuzac issued by Railroad Comznission of Texas in GLTD No, 9864 on �'ebruary 23, 2010. This language sta�es as follows: XT IS FURTHER ORDERED that Atmos shall be aliowea to establish a regulaiory asset for the ad valoxerr� iaxes related to working gas in storage. Ii� addition, Atmos shall be allowed to establish a regulatory asset for {1) t��e costs associated with Accunlula1;ed Deferred Income Tax for UNICAP Sectior� 263A, {2) the WACQG to FIFO change, and (3) an amount equal to tlie rate of returii approved in this RRIvI Proeeediz�g far the Accumulated Deferred Income Tax items relaied to workin� gas in storage, Atn:�os shall record these amounts in Other Regulatory Assets (Account 182.3}. These deferred items shall be eonsidered, along witl� tl�e investment in warking gas, for consideration and passible ir�clusion in rates fox Atmps Pipeline-Texas in thai eiitity's next filed rate case. If the Cornmissian determines that sucla de�erred itezx�s axe not prapexly included in the rates of Atmos Pipeline — Texas, the items shall be further deferred until tl�e next Atz�os Mid-Tex rate case filed after ihe final decision in the Atn�os Pipeline-Texas rate case for inclusion with the working gas investment in the Atmos Mid-Tex xates. 12. Atinos and ATM agree filiat each ATM oity should approve this Settleinent Agreerrxez�t and adopi an ordinance or resolution to implemei�t for tlie ATM Cities the rates, terms, and co��ditions reflected iz� Che tariffs atfached to this Settlement Agreeme��.t as Exl�ibit A, as well as the regu�ato�•y asset autl�orization language discussed in paragraph 12 of this Setilemeix# Agreetnent. � 13. The Signatoz�es agree that the terzns of the Settlement Agreement axe interdependent and indivisible, and that if any ATM city entexs an order that is ixaconsistent wiih this Settlement Agreement, thexl any Signatory may withdraw witliout being deemed to have �va'rved any procedural right or to have taken any substantive position on any fact or issue by virtue of that Sigrzatoxy's entry into the Settleznent A�;reement or its subsequent withdrawal. Tf a�ny ATM city rejects this Sei�taenaez�t Agree�ent, tk�e� t��zs Settlement Agreeznent s11a11 be void ab ir�itio and counsel for tk�e ATM Cities shall thereafter only take such actions as are in accordance witli the 'I'exas Disciplinary Rules of Professional Conduct. 14. The Signatories agree that al1 negatiations, discussions and con%rences related to the Settlement Agreement are privileged, inadmissible, and not x•elevant to prove any issues associated with Atmos' 2a 10 RRM f ling. 15. The Signatories agree i:hai ne'rther this Settlement Agreen�ent nar ai�y oral or written staten�.en.ts made d.uring the course of setilem.ez�t negotiations may be used for any purpose other thail as necessary io support tlle eniry by the ATM Czties of an ordinance or resolution iznplementing this Settlenlent Agreeinent. 16. Tlae S�gnal:aries agree that 1:his Settleznent Agreezzaent is biz�dia�zg oz� eacll Signatoxy only for tl�e purpose of settling the issues set forth l�erein and for no othez puz•poses, and, except to the extent the Settleinent Agreement governs a Signatory's rights and oUligations for future pexzods, this Settlemeni Agreement shall nat be bind'zng or precedential upon a Sig��atory outside tliis proceeding. 17. The Signatozies agree that tlais Seitleineni Agreeznei�t rrzay be executed iza xnultaple coLU�.terparl;s and may be filed witli facsimile signatures. 5 �� Agreed to this�.� day of August 20].0, ATTORNEY FOR AT1v10S TEXAS MiJNICXPALITIES, WHOSE MEN�BERS INCLUD� THE CITZES 4�' AUSTIN, BALCH SPRINGS, BANDERA., BARTLETT, BELTON, BLOOMING GROVE, BRYAN, CAMERON, CEDAR PARK, CLIFTON, COMMERCE, COPPERAS COVE, CORSICANA, DENTON, ELECTRA, FREDERICKSBURG, GATESVILLE, G�ORGETOWN, GOLDTHWATTE, GRANBURY, GREENVILLE, GROESBECK, HAMILT4N, HEATH, HEN�2.IETTA, HICKORY CREEK, HICO, HILLSBORO, HUTTO, KERENS, LAMPASAS, LEANDER, LOMETA, LONGVIEW, MART, MEXIA, OLNEY, PFLUGERVILLE, POINT, RANG�R, RICE, RTESEL, ROCKDALE, ROCKPORT, ROGERS, ROUND ROCK, SAN A�iGELO, SANGER, SOM�RVILLE, STAI2 HARSOR, TRINTDAD, TR4PHY CLUB, AND WHITNEY Ji Boyle • * Subjeci to approval by ATM City Councils 7 Agreed ta this�da�� o£Augusf, 2Q10. ATIv10S ENERGrY C�RP., MID-TEX AZVISION B �� ` Y� Jo A. Pa.�•is Pzesxdent, Mid-Tex Division ATTACHMENT B TARIFFS ATMOS ENERGY CORPORAiION MFD-TEX DiVISiON RATE SCHEDULE: � R— RESIR�NTIAL SALES APPLICABI.E TO: Afl Cities except the City of Dallas and all unincorporated areas EFFECTIV� DATE: � Bi11s Rendered an or after 10101I2U10 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, addEtional charges end special contraci arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculaied by adding the folfowing Customer and Mcf charges to the amounts due under the riders fisted befow: Gas Cost Recovery: Plus an amount for gas costs and upstream transporiation costs calculated in accordance with Part (a} and Part (b), respeciively, of Rider GCR. WeaYher Normalization Adjustment: Plus or Minus an amount for weather narmalizaiion calculated in accordance with Rider WNA. Rate Revlew Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Pius an amount for franchise fees calculated in accordance with Rider FF. Rider FF is onfy applfcable to customers inside fhe 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 appiicable rider(s). Agreement An Agreement tor 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. ATMOS ENERGY GORPORATION MfD-TEX DIVISION RATE SCHEDULE: C— COMMERCIAL SALES APPLICASLL TO: All Cities except the City of Daltas and all unincorporated areas EFFECTlVE DATE: BilEs Rendered an or after 10/0112010 Application Appficable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrfal Customers with an average annual usage of less ihan 3,000 Mcf. Type of Service Where service of the type desired by Customer is noi already availabie at the Point of Delivery, addiiional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rafe Customer's monthly bill wiil be calculafed by adding the foilowing Customer and Mcf charges to the amounfs due under the riders listed below: Gas Cost Recovery: �lus an amount for gas costs and upsfream transportation costs c�lculated in accordance with Part (a) and Part (b}, respeetively, ofi Rider GCR. Weafher Norma[izatian Adjustment: Plus or Minus an amount for weather normalization calcufated in accordance with Rider WNA. Rate Review Mechanism: Pius or Minus an amount for rates as calcufated in accordance w[th Rider RRM. Franchise Fee Adjustment: Plus an amount far franchise fees calculated in accordance with Rider FF. R�der FF is only applicable to cus#omers inside the corporafe limits of any incorporated municipality. Tax Adjustment: Plus an amounf for tax calcuEated in accordance with Rider TAK. Surcharges: Plus an amount for surcharges calculated in accordance wiih 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, AiMOS EKERGY CORPORATl�N MID-TEX DIVISf01V RATE SCHEDl1LE: i— IND[JSTRIAL SALES APPLICABLE TO: Atl Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bitfs Rendered on or after 1D/0112010 Application Applicable to Industrial Customers with a maximum daify 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 wil) require special contract arrangements be#ween Company and Gustomer. Type of Service � Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and speciaf cantracf arrangements between Company and Cus#omer may be required prior ta service being furnished. Monihly Rate Customer's monthly bifl will be calculated by adding the following Customer and MMBfu charges ta the amounts due under the riders listed below; Gas Cost Recovery; Plus an amount for gas costs and upstream transportation costs caiculated in accordance with Pari {a) and Part (b), respectively, of Rider GGR. Rate Review Mechanism: Plus or Minus an amount for rates as calculafed in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount fqr franchise fees caiculated in accordance with Rider FF. Rider FF is only applicable to. customers inside the corporate limits of any incorporafied municipality. 7ax Adjustment: i'fus an amount for tax calcuiated in accordance with Rider TAX. Surcharges: Pius an amount for surcharges calculated in accordance with the applicable rider(s}. Curtailment Overpufl Fee Upon notification by Company of an event o� curtailment or infierruption of Cusiomer's deiiveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Campany 200% of the midpoint price for the Kafy point lisfed in Platts Gas Daily pubfished for the applicable Gas Day in the iable entitled "Daily Price Survey," _ �;: ATMOS ENERGY CORPORA710N MID-TEX DIVISION RATE SCHEDULE: I— INDUSTRIAL SALES APPLICABLE TO: All Cities except the City of Dallas and aIl unincorporaied areas EF�ECTI1/E DATE: Biils Rendered an or after 1 010 9 /201 0 Replacement Index In the event the "midpolnt" or "common" price for the Katy point listed in Platts Gas Daily in fhe table enti�led "Daily Price Survey" is no longer published, Campany wi(! calculate the applicable imbalance fees utilizing a daily price index recognized as aufhori#ative by fhe naturai gas Industry and most closely approximafing the applicabfe index. Ag reement An AgreemenE for Gas S�rvice 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 #or Gas Service. Special Conditions In order to receive service under Rate i, Customer must have the type of ineter required by Company. Custom�r must pay Company all casts associated with the acquisition and installation of the meter. � ATMOS ENEi7GY GORPORAiION M1D-TEX DlV1SlON RATE SCHEDULE: i—TRANSPORTATIdN APPLICABL� TO: All Cities except the City of Dallas and all unincorporated areas EFFEC7IV� DATE: Bi!!s Rendered on or after 1p/a112010 Appticativn Applicable, in fhe 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 Custamer's agent at one Point of Delivery for use in Customer's facility. "'• � Type of Service �; . . Where service of fhe type desired by Customer is not already avaifable at the Point of Delivery, additionai charges and speclal contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill wUl be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders fisted below: Upsfream Transportation Cost Recovery: Plus an amount far upstream transporfation costs in accordance with Part (b) of Rider GGR. Ra#e f2eview Mechanism: Pius or Minus an amount for rates as calculated in aecordance with Rider RRM. Retention Adjustment: Plus a quantity of gas as ca}culafed in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees cafculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amaunt for tax calculated in accordance with Rider TAX, Surcharges: Pfus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees AEi fees charged to Customer under this Rate Schedu(e wlll be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multipfe Transportation Agreements for the purposes ot such fees. ATMOS ENERGY CORF'ORATION MID-TFJC p►VIS10N RATE SGHEDULE: T—TRANSPORTAT'lON APPLICABLE TO: Afl Cities except the City of Dallas and all unincorporated areas EFFEGTIVE DATEc BiNs Rendered on or after 40109/2010 Monthly Imbafance 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 "midpoinf" price for the Kafy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such monih, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applioable Transportation Agreement, af the end of each month that exceeds 10% of Customer's receipt quantifies for the month. Curtailment Overpu�l Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer wili, 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 Platfs Gas Daily pubfished for the applicable Gas C?ay in the table entitled "Daily Price Survey." RepEacement index In the event the "midpoint" or "cammon" �rica for the Katy point listed fn Platts Gas Daily in the tabie entitled "Daify Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilfzing a daily price index recognized as authoritative by the natural gas industry and most cfosely approximating fihe applicable index. Agreement A transportation agreement is required. Notice Service hereunder and ihe rates for services provided are subject to the orders of regulafory badies having jurisdiction and to the Company's Tariff for Gas Service. Speciat Conditions In order to receive service under Raie T, cusfon�er must have the type of ine#er required by Company. Customer must pay Company alf costs associated with the acquisifion and insfaliation of the meter. ATMOS ENERGY CORPORATION MID-TEX DIVfSiON RID�R: WNA — WEATHER NORMALIZATION ADJUSTMENi APPLICABLE TO: All Cities except the Gity of Dal(as and al! unincorporated areas EFFECTIVE DAT�: Bilis Rendered on or after 101Q7/20'f0 Provisiohs for Ad�ustment The base rate per Mcf (1,000,000 Btu) for gas service set forth in any Rate 5chedules utilized by the cities of the Mid-Tex Division service area for de�ermining normalized winter period revenues shalf be adjusted by an amount hereinafter described, which amaunt Is referred to as the "Weather Normalization Adjustment." ihe Weather Normalizatian Adjustment shall apply to aIl temperature sensifive residehtial and commercial bilis based on mefers read during the revenue months of November through April. The five regional weather stafion� are Abilene, Austin, Dallas, Waco, and Wichita Falis. 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 Where i WNAFj R� — Rj (NSF� (BLi + (NDD-ADD) ) (HSFi x ADD} ) = any particular f2ate Schedule or bi►fing classification within any such particular f�ate Schedufe thai contains more than one bi1(Ing classification = Weather Normalization Adjustment Factor for the itn rate schedule or classification expressed in cents per Mcf = base rate of temperature sensitive sales for the ith schedule or classification approved by the entity exercising original jurisdictfon. HSF� — heat sensftfve fac�or for the ifh schedule or classification calculated as the slope of ihe linear regression of average sales per bill (Mcf� and actual heating d�gree days by month for the test year by schedule or classifica6on and weafher station as part of the RF2M filing. NDD Abb = billing cycle normal heaiing degree days calculated as the simple ten-year average of acfuai heating degree days, = 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 biA (Mcf) and actual heating degree days by month for the test ysar by sch�dule or classfficaiion and weather station as part of fhe RRM filing. The Weather Nortnaiization Ad}ustmen# for fhe jth customer in ith rate schedule is camputed as: WNA, = WNAF, x q,� ATMOS ENERGY CORPORATION MID-TEX DlVISION RIDER: WfVA - WEATH�R NORMALIZATfON ADJUSTMENT APPL�CABLE TO: AI! Cities except the City of Qallas and ali unincorporated areas EFFECTIVE DATE: Bi(Is Rendered on or after 10/01/2090 Where qi� is the relevant sales quantity for the jth customer in ith raie schedule. Filings with Entities Exercisinq Origfnai Jurisdiction As part of iis annua) F2RM filing the Company will fiile (a) a copy of each camputafion of the Weather Normalization Adjusfiment Factor, {b) a schedule showing the effective date of each such Weather Normalization Adjustment, (c) a schedule showing the factors of values used in cal�ulating such Weather Norma[ization Adjustment and (d) a random sample and audit ofi thirty (30) actua) customer bills, with c�stomer information d�(eted, far each rate schedule or classification to which the WNA was applied in the preoeding 12 month period. 7o the extent that saurce data is needed to audit the WNA application, such data will be provided by the Company as part of the annual F2RM filing. If the R�ZM is disconfinued, as provided In the Rider RRM iariff, the informatian required herein to be filed with the enfities exercising original jurisdiction shall be filed on March 1 0# each year. Abilene Austin Dallas Waca Wichita Falls Base Use/Neat Use Factars Residential Commercial Base use Heat use BasE use Heat use 1.06 .0131 9.03 .0588 1.17 .0138 9 9.39 .0674 1.49 , 0191 2�.37 .0872 1.13 .0137 11.81 .0610 1.19 .0136 11.21 , 0549 Sample WNAFI Calculation: .3352 per Mcf = Where i - �� HSF� - NdD -- (.0131 x 2,�246 x (1.06 + Residenfiial Single Block Rate Schedule 2.25246 per MCF ,0131 (Residentiai - Abilene Area) (30-17) ) (.0131 x 17) ) 30 HDD (Simple ten-year average of Actua! HDD for Abiiene Area - 9/15/�6 -10/14/06) ADD - 17 HDD (Actual HDD for Abilene Area - 9/15106 -- 10/94/06) Bli = 1.06 Mcf (Residential - Abilene Area) ATMOS ENERGY C�RP�RA710N MID TEX DIVlSION RIDER: RRM — RATE aEVIEW MECHANISM APPLICABLE TO: AI! Cities except #he City af Dallas and af1 unincorporated areas EFFECTIVE DATE: Biils Rendered on or after 10/0112010 I. Purpose: This mechanism is designed to provide annual earnings transparency. All rate calculatians under this tarifF shall be made on a system wide basis. If, through the implementation af the provisions of this mechanism, it is determined that rat�s should be decreased or increased, then rates wil{ be adjusted accardingly in the manner set forth herein. Th� rate adjustmenfs implemented under this mechanism will reflect annual changes fn the Company's cost of service and rate base. This Rider RRM will be effective for the period commencing with the Company's RFZM filing on April 1, 2011, and concluding with the impfementation of new, finaf rates establ(shed pursuant to the general rate case thaf Atmos will file on or before June 1, 2013. II. Definitions a) The Annual Evaluation Date shall be the date the Company wili make its annual filing under this mechanism. The Annual Evaluation Date shall be no later than April 1, of each year. This filing shall be efFectiva in electronic form where practicable. b) Audited Financial Data shail mean the Company's books and records related to the Company's Mid- Tex operating area and shared services operations. Audited Financial Data shall not require the schedules and information provided under this tariff to undergo a separate financial audit by an outside auditing firm similar io the Company's annual financial audit. c) The Evaluation Period is defined as the twelve month periad ending December 31, of each calendar yea r. d) The Rate Effective Period is defined as the fater of the tweive month period for which rates determined under this mechanism will be in effect or subsequent rates are impiemented. e) Per Cannectian Basis is defined as the existing average number of Mid-Tex active meters to custom�rs during the Evaluation Period. f) Final Order is detined as the most recent order establishing Ehe Company's latest efFective rates for ihe area in which the mechanism is implemented, and shall include municipal rate ordinances and resolutions. Ill. Rate Review Mechanism The Company shall file with each regufatory authority having originaf jurisdictfon over the Gompany's rates the schedules specified below for the Evaluation Period, with the filing to be made by the Annual Evaluation Date following the end of the Evaivafiion Period. The schedules, which will be based upon fhe Gompany's Audited Financial Data, as adjusted, and provided in the same f�rmat as Atmos' RRM filing with municipaiities �n March 15, 2010, will exclude a true-up computation, but will include ihe following: a) Evaluatfon Period ending balances for actual gross pfant in service, accumulated depreciatiort, accumulated deferred income taxes, invantory, working capital, and other rate base co►nponents wili be used for the calculation of rates for the Rate Efifective Period. The ratemaking ireatmenfs, principles, findings and adjustments included fn the Final Order will apply. Regulatory adjustments due to prior regulatory rate base adjustment disaliowances wiil be maintained. Cash working capital wi[I be calculated using fhe lead/!ag days approved in the Final Order. Accumulated deferred income taxes {ADIT) wili be calculated using the methodology used in the Final Order. The RRM Schedules & Information section of this tariff identifies those ADIT components to be inc(uded in the calculaiion of rate base for both fhe Evaluation Period and Rafe EfFective Periad calculations. AiMOS ENERGY CORPORATI�N MID�TEX DIVISION RIDER: RRM — RATE REVIEW M�CHANISM APPLICABLE 70: All Cities except the City of Daltas and a11 unincorporafied areas EFF�CTIVE pA7E: gilis Rendered on or after 90/01/2010 b) Depreciation rates booked in the period will be those approved in ihe Final Order, or the rate most recently approved. A{l calculation methodologies will be those approved In the Final Order except where noted or included in this tariff, or in the most recent order addressing the methodology. In addition, fhe Company shall exclude from operafing and maintenance expense the discretionary costs to be disallowed from Rider RRM filings listed in the RRM Schedufes and lnformation section of this tariff. c) Return on Equity (ROE) shail be maintained at 9.7%. d) Gost,of debt will reflect �ctual cost for the Evaluation Period. Evaivation PerEod ending balances for cost of debt and capiiai structure wili be used for the calculation of rates for the Rate Effective Period. Capital s#ructure wifl be the actuai Evaluation Period ratio of lang-tarm deb# and equity, with percentage equity not to exceed 50%, based on the calcula�ion methodology outcomes used above. e) All applicable accounting adjusiments along with ali supporting work papers. Such adjustments may include: 1) Pro-forma adjustments to update and annualize cos#s and ravenue biliing determinanfs for the Rate Effective Period. 2) Pro-forma or other adjustments required to properly account for atyplcal, unusuai, or nonrecurring events recorded during the E�aluation Period. f) Shared Services allocation factors shall be recalcufated each year based on the latest component fac#ors used during the Evaluation Feriod; but the methodology used wif! be that approved in the FinaE Order. g) Any changes fo corporaie structure or allocation of common costs will include narrative expfanatfons with the filing. IV, Calculation of Rate Ad}'usfinent a) The Company shall provide additional schedules indicating fihe following revenue deficiency/sufficiency calculations using the methodology accepted in the Final Order with the exception of any allowance for a true-up component in the April 'I, 2019 or the April 1, 2012 RRM filings. Evaluation Period e�ding balances will be used far the calculation of rates for the Rate Effective Period. These schedules shall identify the rate adjustmenis necessary for the sefting of prospective rates for the Rate Effective Period. The result shall be reflected in the proposed new rates fo be established forthe Rate Effective Period. In cafculating the required rate adjustments, such adJustmenfis will be made pro-ratably to fhe customer charge and usage charge based upon actual revenue generated, as adjusted under the Company's appraved Weather Normalization Adjustment (WNA) Rider. f�rovided, hawever, that neither the Residential nor the Commerciai customer charges may increase mare fhan 20% per year. b) The Company may also adjust raies for the Rate �ffective Period to inciude recovery of any known and measurable changes to operating and maintenan�e costs including, but not limited to, payroll and compensation expense, benefit expense, pension expense, insurance costs, materials and supplies, bad debi costs, medical expense, transportation and building and lease costs for the Rate Effective Period. Provided, however, that adjustments may only be mad� for costs thai are reasanable and necessary. Additionaily, utility plant and rate base for the Rate ATMOS ENERGY CORPORATION M1D-TEX DIViSION R1DER: RRM — RATE REVIEW MECH,ANISM APPLICABLE TO: All Cities excepi the City of Dallas and all unincorporated ar�as EFFECTIVE DATE: Bills Rendered on or after 10/09l201Q Effective Period will be established by using the Evaluation Period ending balances, includmg associated changes in depreciation and amortization expense and taxes. ln eaiculating the Company's known and measurable changes for prospective RRM adjustment purposes, the following limitations will apply, on a Per Connection Basis. Operating and Maintenance expenses per connection for the Rate Effective Period cannot increase more than 5°/a per year without specific identification and justification. Any pr�posed adjustment above 5% per year, is subJect to the provisions of fhe Evaluation Pracedures of this tarifF. Such procedures provide that the regufa#ory authority wili review the proposed adjustment and t1�at the Company and regulatory authority will work collaboratively io se�k agreement on the proposed adjustments to the Company's schedules and proposed rafes. Justificafiion for such expenditures over the cap shall inciude an event or combination of events beyond the control of the Company. Yhe beginning adjusted Operation and Maintenance expense per connection for the 2007 FtfZM Evaluation period will be limited ta not exceed $151 mfElion divided by the connections for the period. The increase in adjusted Operation and Maintenance expenses per connection for the 2008 Rate Effective Period and the subsequent Rate Effective periods cannot exceed 5% per year, without specific identification and justification Net plant investmeht per connection for the Rate Effective Period cannot increase more than 5% per year without specific identification and justification, Any proposed adjustment above 5% per year, is subject to the provisions of the Evaluation Proceclures of this tariff. Such procedures provide that the regulatory authority wifi review the proposed adjustmen� and that the Company and regulatory authority will work collaborativeiy io seek agreement on the proposed adjustments to the Company's schedules and praposed rafes. However, in perForrning a cap test to verify compliance, the Company shafl exclude any changes in net plant investment associated with federa[, state, or local mandates related to safety, compliance, or road moves, including steel service line repiacement program costs incurred prior ta October 1, 2010, The initial 2008 rate wifl be set using net plant limited to not exceed [$1,243,607,206 divided by average active meters for the 12 months ended June 30 2007] tlmes 1.025 times the average active meters for calendar year 2007. Subsequent filing calculations of net plant investment will be made using the same method used in the Company's September 20, 2007 Statement of Intent except that Evaluation Period ending balances will be used for nat p(ant in the calculation of rates for the Rate Effectfve Period. The rate increase limitations set forth in this tariff shall not prec(ude fhe Company from recovering any excluded net plant cosis during a subsequent Evafuation Period in which the 5% limitation for net plant investment is not reached or in a subsequent Statement of Intent case. To the extent that the Company seeks io recover any excluded net plant costs during a subsequent Evaluation Periad In which the 5% fimitation for net plant investmeni is not reached or in a subsequent Statement of Intent case, the Company shall identify these cos#s as a specific line item in the schedule accompanying the RRM rafe adjustment filing. The regulatory authority may disallow any net planf investment that is not shown io be prudently incurred. Appraval by the regulatory authority of net plant investment pursuant to the pravisions of this tariff shall constitute a finding ihaC such net plant investment was prudently incurred. Such finding of prudence shall not be subject to further review in a subsequent Evaluation Period or Statement of Intent filing. ATMOS ENERGY CaRPORATION MID-TEX DIVISION RIDER: RI�M — RATE REVIEW MECHANISM APPLIGABLE TO: All Cities except the City of Daltas and ali unincorporated areas EFFECTIVE DATE: Bi�ls Rendered on or after 10101120't0 c) Notwithstanding the limitations in subparts IV (a) through (b) of this tariff, the Company shall be entitled io separaiely adjust rates for the Rate Effective Period to include recavery far clirect incrementa! costs associated with a steel service line replacement program incurred on and afier Octnber 1, 2010, a return on equity of 9.0% for such incremental costs as capitalized, depreciation, and applicable taxes. Capital structure will be the actual Evaluation Period ratio of long-term de�t and equity, with percentage equfty not ta exceed 50%, based on the calculatian methodology outcomes used above. Rate recovery associated with a steel service line replacement program shail be recavered through the Resident€al and Commercial customer charges and sha(i not be subjeci to or included in the rate increase limitations set forth in IV (a) thraugh (b) of this tariff. Current year recovery factors are presumed fo be $0.15 for residential customers and $0.41 for commercial customers. The rates will be adjusted annually, hawever, in no case will the per customer monthly cosi recovery factors attributable to a stee! service line replacement program exceed $0.44 for residentiaf customers or $1.22 for commercial customers, prior to or during the pendency of the Company's next Siatement of lntent case. Moreover, the per customer amount aftribufiable to cost recovery for a steel service line replacement program shafl be subject to review by the regufatary authority in a subsequent Evaluatian Period and all costs associafed with a steel service line replacemenf program will be subject to a prudence/reasonableness review in the Gompany's next Statement of Intent rate case. d) The Company shall provide a schedule demonstrating ihe "proof of revenues" r�lied upon to calculate the proposed rate for the Ra�e EfFective Period. The proposed rates shall conform as closely as is practicable to the revenue alfocation principles approved in the Final Order. V. Attestation A sworn statement shall be filed by the Company's Chief Officer in Charge of Mid-Tex Operations affirming that the filed schedufes are in campliance with the provisions of this mechanism and are true and correct to the best of hislher knowledge, information and belief. No testlmony shall be filed, but a brief narrafive explanation shall be pravided of any changes to corporate structure or allocation of common costs. VI. �valuation Pracedures The regulatory authority having original Jurlsdiction over the Company's rates shall have no less than ninety (90) days to review the Company's filed schedules and work papers. The Company will be prepared to provide all supplemental information as may be requested to ensure adequate review by the relevant regulatory autharify. The Company shall not uhilaterally impose any limits upon the provisian of supplemental information and such information shall be provided within ten (10} working days of the original request. Th� regulatory authori#y may propose any adjustments it determines to be required to bring the schedules into compliance with the above provisions. During and following the ninety (90} day review period and a thirty (30) day response period, the Company and the regulatory authority will work callaboratively and seek agreement on, the proposed adjustments to the Company's schedule and proposed rates. If agreement has been reached by the Company and the regulatory authority, the regulatory authoriiy shall authorize an increase or decrease to the Gompany's rates so as to achieve the revenue levels indicated for the Rate Effactive Period. !f, at the end of the thirty {30) day response period, the Company and the regulatory authority have not reached agraement on the proposed adjustments, the Company shall have the right ta appeaf the regulatory authority's action or inaction to the Railroad Commission of Texas. Upan the filing of any appeal, the Company shall have the right ta implemenfi the proposed RRM rate adjustment, including the adjusYment attributable to steel service line replacement program costs, subject t4 refund. ATMOS ENERGY CORPORATION M!D-TEX DIVISIOhf RIDER: RRM — RATE REVIEW MECHANISM APPL{CABLE TO: All Cities except the City of Dallas and ali unincorporated areas EFFECTIVE DA'fE: Bills Rendered on or after 10109lZO'10 Rates estab(ished pursuan# to the Rate Review Mechanism, if approved as provided herein, shall be ef�ective on August 15 of each year. VI1. Reconsideration and Appeal Orders issued pursuant to this rriechanism are ratemaking orders and shall be subject to appeal under Sections 102.Ob1(b) and 103.021, et seq., of the Texas Utilities Code (V�rnon 2007). VI11. Nofice Notice of the annual Rate Review Mechanism fi►ing shall be provided pursuant to Sectivn 104,103, TEx, UT«. CoflE ANnt, no later than forfy-five (45) days after the Company makes its annual filing pursuant to this tarff�. The nofice to customers shali include the following information: a) a description o# the proposed revision ofi rates and schedules; b) the effect the proposed revision of rates is expected to have on the rafes applicable io each customer cfass and on an average bill for each affected customer; c) the service area or areas ln which the proposed rate adjustment would apply; d) the date the proposed rate adjustment was filed with the ragulatory authority; and e) the Company's address, telephone number and website where information concerning the proposed rate adjustment may be obtained. IX. RRM Schedules and Information a. Accumulated aeferred Income Tax C'ADiT") ltems To Be Recoqnized in Rate Base The fallowing list identffies those ADIT components to be included in the calculation of rate base for both ihe Evafuation P�riod and Rate Etfective Reriod calculafions: Mid-Tex: Gas Plant in Service Insurance Accruals Benefit Accruals Deferred Expense Projecfs Allowance far poubtful Accounts Customer Advances UNICAP Section 263A Costs (which shall be removed from Atmos Mid-Tex when these cosis are firansferred to Atmas Pipeline Texas) Regulatory Asset - Mid Tex Regulatory Liability - Mid-Tex Other Piant SSU - Customer Support: Gas Plant in Service ATMOS ENERGY CORPORAT(ON NfID-TEX DIVISION RID�R: RRM — RAT� REVIEW MECHANtSM APPLICABLE TO: All Cifies except the City of Daqas and all unincorporated areas EFfECTIVE DATE: Bills Rendered on ar after 10101l2�10 SSU - Generai Office: Gas Plant in Service Insurance Accruals Benefits Accruals Deferred Expense Projects Prepaid Expenses Regulatory Liabifity - Atmos 109 FAS 115 Adjusfinent Treasury Lock Adjustment Revenue Agent Report Carryfarward Adjustments 1990-1985 Tax Net Operating Loss Credit Carryforwards State Bonus Depreciation I� & D Credit Valuation Allowance Other Plant b, Discretionarv Casts to Be Disallowed from Rider RRM filincLs The following #ypes of employee reimbursed expenses and directly incurred costs are to be removed from a{I expense and rate base amounts included wlthin Rider RRM filings for the Evaluation Period and for the Rate Effective Parlod: Amounts incurred for travel, meals or enteriainment of employee spouses. Amounts for air travel that exceed published commercial coach air fares. Amounts incurred for hatel rooms exceeding $250 per night inclusive of taxes and fees assessed on such raoms, Amounts for afcoholic beverages. Amounts paid for admissfon to entertainment, sports, art or cultural events, and all event sponsorship cosfs. Amounts for social club dues or fees. ATTACHMENT C PROOF OF REVENUES AND AVERAGE BILL COMPARIS�NS A7MOS EHERGY CORP., MID-TEX OIVISION AV�RAGE g[LL COMPARISON- OCTOBER'I, 2010 TEST YEAR ENDING RECEIVIBER 31, 2009 Llne 1 �2ateRC�4.6Mcf 2 Customercharge 3 Consumpllon charga 4 Rider �CR Pan A 5 Rider GCR Part e 6 7 Subtolal 8 Rfder FF & Rlder TAX 9 Total 10 11 Cuslomercharpe 12 Coneumplfon chargo 13 RlderGCRPaAA 14 R(de� GCR Part B 15 16 Subtofal 17 Revenue-relaled Tax Relmbursement 18 Total 19 20 21 Rate C� 34.2 Mcf 22 Cuslomercharge 23 Consumptloncharge 24 Rlder GCR Part A 25 Ridor GCR Part B 26 27 2B Sublotal 29 Revenue-related 7ax Relmbursflmont 30 Tolal 31 32 Customer charge 33 Consumplion charqe S4 Rideri3CfiPariA 36 Rlder GCR Part B 36 37 Subtotel 38 Revenue-related Tax Relmbursement 39 Tolal 40 4'I Rate t 1� 3467 MMBTU 42 Customer charge 43 Consumptioncharge 44 Consumpiion charga 45 Consumpllon charge 46 RiderGCR PartA 47 i2tder 6CR Parl B 46 49 Su6lo1a1 5D Revenue-relaletlTaxiteimbursemanl 59 Total 52 53 Customorcharge 6A Consumplloh charge 65 Consumption charge 66 Consumpllon charge 57 RlderGCRPartA 58 RiderOCRPart6 59 Subtotal 60 Revenue-related7exRelmbursement 61 To�el 82 63 Rate T(A 9467 MMHTU 64 Cuslomercharge 65 Consumption cnarge 6G Consumption cnarge 67 Conaumplion charge 68 Rltler GCR Part e 69 70 Subtolal 71 Revenue-relatad Tax Retmbursement 72 Total 73 74 Castomerrharge 75 Coneumptioncharge 7S Consumpdon charge 77 Consumpllon charge 78 Rlder GCR Part B 7s 6ublotel 80 Revenue•relaledTaxRolmbursement 81 Tolal 4.5 MCF a,8 MCF A.5 MCF 541.34 A,5 MC� 4.5 MCF 4,5 MCF $42.84 342 MCF aq.z MCP 34.2 MCF OCTOBER 1, 2010 CIIRRENt PROPOSED CHANGE $ �.00 X $2,2707 = 10.31 X 54.6303 = 21.03 X 50.6611 = 3.00 $ 41.3A X 0.07477 = 3.09 84A,d3 57.15 X 52.5246 = 11.46 X $4,6303 = 21.03 X 50.6611 = 3.00 542,64 X O.W477 = 3.19 545,93 51,40 3.15% CURREN7 PROP05�p CHANGE 813.50 X 30.9877 t 33.82 X 54.6303 = 158.57 X $0.5542 = 16.98 5224.87 $224.87 X 0,074�7 = 16.81 5241.6B 34.2 MCP 342 MCF 34.2 MCF $226.43 1,500 MMBTU t.957 MM9TU 0 MMBTU 3,457 MMBTU 3,A57 MMBTU 518,246,23 1,600 MMB7U 1,951 MMB7U D MMBTU 3,457 MMBTU 3,467 MMe7U 578,321.81 1,500 MMBTU 1,957 MMBTU 0 MMBTU 3,457 MMB7U 52,239,58 St3.91 X 59.0796 = 36.97 X $4.6303 = 158.57 X $D.5542 = I8.96 5228.43 K O.D7477 = 17.08 $2A5.51 53.82 1,58% CURRENT PROPOSED CHANGE 5425.00 X 50.2563 = 387,45 X 50.1084 = 368.69 X $O,Oq04 � 0.00 X �4.8303 = t9,006.67 X 50.3062 = 1,D58.42 $18,246.23 X o.o�an = 1,3s4.2o 519,610.43 5450,po X 30,2750 = 412.51 X S0,2016 = 394,31 X $0.0433 = 0.00 X $4.6303 < 18,406.67 X $0.3062 = 1.058.42 S1B,32i_91 X 0.07477 = 1,369.B6 519,697.77 $81.34 0.41 % CURRENT PROP�5ED CHANGE 5425.00 X $0.2583 = 387.45 X $0.9894 = 366.69 x sa.oaoa = o.00 X $0.3062 = 1,056.42 52,239.56 X 0.07477 = 167.44 52,407,00 $450.00 $25.00 1,500 MMBTU X E02750 = 4�2.51 $25.OB 1,957 MM67U x $0.201b = 364.31 525.62 0 MMBTU X 50.0433 = 0.00 3,457 MM87U X 50,3062 = 1,058.42 $2,315,24 52,315.24 x 0.07477 = i73.10 �52,486,34 S8i.34 3.3B% ATMOS ENERGY CORP., MID-TEX DIVISION SUMMAl2Y OF CURRENT APID PROPOSED RATE STRUCTURE TEST YEAR ENpING B�CEMBER 31, 2009 (2010 RRM SETTLEMENi lNCL S7 SVCS RECOVERY) Proposed Line (Beginning Na. Description Curreni Oct 1} (a) (b) (d) 7 2 3 4 5 6 7 8 9 10 'f 1 12 13 14 15 16 17 18 19 2fl 21 22 23 24 25 26 27 28 29 Rate R Customer Charge per monih $7.00 $7.15 Consumption Charge per MGF $2.2647 $2.5246 2008 RRM 1'rue-up per MCF $0.0000 $0.0000 2009 RRM T�ue-up per MCF 0.006D 0.0000 Total Gonsumption Charge per MCF $2,2707 $2.5246 Rate C Customer Charge per month Consumption Charge per MCF 2�08 RRM True-up per MCF 2009 RRM True-up per MCF Total Consumption Charge per MC� Rate I & T Customer Charga per month Consumpfion Charge per MMBTU: First 1,500 MMBTU Next 3,500 MMBTU Over 5,000 MMBTU 2008 RRM True-up per MMBTU: Fir�t 1,500 MMBTU Next 3,50b MMBTU Over 5,000 MMBTU 2009 RRM True-up per MMBTU: Firsf 1,500 MMBTU Next 3,500 MMBTU Over 5,000 MMBTU $13.5� $13.91 $0.9825 $1.0796 $D.00OD $O.OD00 �O.OQ52 O.Q000 $0.9877 $1.0796 $425,0� $450.40 $0.2496 $0_275� $0.1820 $0.2015 $0.0390 $0.0433 $0.0087 $0.0000 $0.0064 $0.0000 $0.0014 $0.0000 $0.0000 $�.0000 �o.0000 $a.0000 $D.000.0 0.0000 30 Tatal Gonsumption Charge per MMBTU 31 First 1,504 MMBTU $0.2583 $0.2750 32 Next 3,500 MMBTU $0.9884 $0,2015 33 Over 5,000 MMBTU $0.0�4Q4 $0.0433 Bilfing Units 97,287,740 78, 500, 000 1,445,436 49,500,000 14, 985 10, 597, 655 10,791,216 9 6,585,623 ATMOS ENERGY CORP., MID-TEX DIVISION CUSTOMER IMpACT QF PRpPpSEI] RATES COMAARED TO CURRENT RATES TEST YEAR ENDIPIG DECEMBER 31, 2009 (2090 RRM SETTLEM�N7 PROPOSAL} Line Prospective No. Description Rate Inerease (a} (b) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 4& 47 48 49 50 51 52 53 Rate R Consumption Charge per MCF Change from Current Rate BilEing Units for Specified Period Total Change in Base Revenue Assoclated Revenue i'axes Total Rate Impact Number of Bills for Specified Period Average Impact per BIII Rate C CansumpFion Charge per MCF Change from Cutrent Rate Billing Units for Specified Period Fotal Change in Base Revenue Associated Revenue Taxes Total Rate Impact Number of Biiis for Specifled Period Average lmpact per BUI Rates I�T - Customer Charge Cusfomer Charge Change from Current Rate Biliing Units for Speclfled Perlod Total Change ln Base Revenue Associated Revenue Taxes Toial Rate fmpact F2ates 1&T-1st bfock Consumption Charge per MCF Change from Current Raie Billing Units for Specifled Periad Total Change in Base Revenue Assoclated Revenue Taxes "Cotal f2ate (mpact Rates 1&T - 2nd block Consumption Charge per MCF Change from Current Raie Billing Unfts far Specified Period Total Change in Sase Revenue Associated Revenue Taxes Tofal Rate Impact Rates 18T - 3rd block Consumption Charge per MCF Change from Current Rate B111ing Units for Specified Perlod Total Change in Base Revenue Associated Revenue Taxes Total Rate Impact Rates (&T - Totai 7ota1 Rate Impact (�umber of Bilis for Specified Period Average lmpaot per BII] Total Change in Base Revenue Total Rate Impact {Inc. Rev. Taxes) $0.2539 78,500,000 $19,934,212 $1,490,401 $21,424,613 17,287,740 $1.2G $0.0919 49,5�0,000 $4,547,060 33$ 9,966 $4,887,026 1,445,436 $3.38 $25.00 1 D, 985 $274,62b 20 533 $296,157.61 $0.0167 10,597,655 $177,031 1$ 3,236 $19Q, 266 $Q.0131 10,791,296 $141,297 7 0 564 $151,862 $O.OQ28 36,585,623 $47,655 3 563 $51,298 $688,5Q4 90,985 $62,68 $zs,�2�,sso $27,OOU,142 ATMOS ENEf2GY C01�P., MID-TEX DlV1SEON CUSTOMER fMPACT OF PROPOSED RATES CQMPARED TO CURREM'i RATES {STEEL SERVICE REPl.qCEMENT PRQGFtAM) Line Praspective No. Descriptivn Rate Increase fa) ibl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 95 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3D 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Rate R Monthly Customer Chatge Change from Cu��ent Raie Bifling Units for Specified Period Total Change In Base Revenue Associafed Revenue Taxes Tofa( Rate Impacf Number of Bills for Specifled Period Average Impact per Bill Rate C Nlonthly Customer Charge Change from Current Rate Biliing Units far Speclfied period Total Change in Base Revenue Associated Revenue Taxes Total Rate Impact Number of Bills for Speclfied Perlod Average Impact per Bill Total Change in Base Revenue Totaf Ftate tmpact (Inc. Rev. iaxes) $0.15 17,287,740 $2,593,161 193 880 $2,787,049 17,287,740 $0,16 $D.41 1,445,436 $592,629 44 308 $636, 937 1,445,436 $0.4a $3,185,790 $3,423,979 RESOLUTIONNO. �01�-�35 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER CORRESPONDENCE AND OTHER DOCUMENTATION TO ONCOR ELECTRIC DELIVERY COMPANY LLC ("ONCOR") AND THE PUBLIC UTILITY CONIMISSION OF THE STATE OF TEXAS REGARDING TI� PROPOSED ELECTRIC TRANSMISSION LINE CONTEMPLATED TO BE CONSTRUCTED BY ONCOR TOGETHER WITH THE TRANSMISSION LINE'S POTENTIAL LOCATION WITHIN, OVER, ACROSS OR IN THE VICII�]ITY OF THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WI�REAS, Oncor Electric Delivery Compariy ("ONCOR") has proposed construction of a 345 kV electric transmission line from Krum, Texas to Anna, Texas to ensure the safe and reliable electric service to the State of Texas in light of the increased integration of electric energy that is generated by wind production facilities; which proposed transmission lines affect the City of Denton, Texas; and the proposed transmission lines are scheduled to be completed by the year 2013; and WI�REAS, based upon the Texas Legislature's direction expressed in 2005 the Public Utility Commission of Texas ("PUCT") has designated certain areas or zones of Texas for the development of wind power, which are known as Competitive Renewable Energy Zones ("CREZ"); the PUCT has approved a plan for building transmission lines to deliver the electric energy produced by wind generating facilities in the CREZ to the electric market. The project before the City of Denton involves the selection of routes that involves the construction of the transmission line from Krum to Anna, which is a project that is associated with CREZ; and WHEREAS, there are several routes being currently evaluated by ONCOR that would cross the Greenbelt between Lake Ray Roberts and Lake Lewisville and other U.S. Army Corps of Engineers (`USACE") property; and WHEREAS, ONCOR has filed its PUCT Case, No. 38597 and provided notice of intent to amend its Certificate of Convenience and Necessity for the new 345 kV transmission line to be located in Collin, Cook, Denton and Grayson Counties, Texas, as set forth above the PUDCT will be accepting public comments and intervention requests for the "preferred route" identified in the application submission; and WHEREAS, the Greenbelt Corridor was developed in the late 1980's as an alternative to traditional recreation facilities that were required at Lewisville Lake due to the elevation in flood pool following the construction of Ray Roberts Lake; the Cities of Dallas and Denton, together with the USACE worked closely to design and construct the Greenbelt Corridor; the final product is a 1500 acre, nine-million dollar hiking, biking, canoeing and equestrian trail system that parallels the meandering Elm Forlc of the Trinity River for fourteen (14) miles, which connects Lalce Lewisville to Lake Ray Roberts; and WHEREAS, the Greenbelt Carridor has provided a unique and much needed recreation alternative that protected open space and retained the natural riparian system, which would assure the rural character of the river corridor, and to provide a visual buffer between newly acquired lands along the river, as well as future development; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton opposes any route of the Oncor 3451cV CREZ Transmission Line from Krum West to Anna that crosses the Greenbelt Corridor between Lalce Ray Roberts and Lalce Lewisville. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �/ 5 day of , 2010. MARK A. B �- " S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY / � By: 215 E. MciKINNEY DENT'ON, TX 76201 a (940) 349-8230 ® FAX (940) 349-8120 UTILITY ADMINISTRATION' September 21, 2010 RE: Docket No. 38597 Application of Oncor Electric Delivery Company LLC. to amend a Certificate of Convenience and Necessity for a proposed CREZ 345 kV Transmission Line in Collin, Cooke, Denton, and Grayson Counties, Texas (Krum West - Anna CCN) The City of Denton is supportive of the proposed Oncor Electric Delivery Company's CREZ 345kV Transmission Line project. We understand that projects like this bring valuable wind power into the Denton, Dallas, and Fort Worth electric load centers. As a municipal electric provider, we understand that these CREZ projects facilitate reliable and cost-effective electric power delivery. The City of Denton staff has attended the public hearing conducted by Oncor and have met with Oncor staff independently to communicate our position regarding the transmission line routing from Krum West to Anna. The primary concerns with this portion of the project are the routing options that would impact the City of Denton, City of Dallas, and the US Army Corp of Engineer's Greenbelt Corridor between Lake Lewisville and Lake Ray Roberts. On September 21St , 2010, the City Council approved Resolution No. R2010-035, regarding the proposed Oncor Electric transmission line routing. Please accept this resolution as the City of Denton's public input in the PUCT review and approval process. Your time and attention to this matter is greatly appreciated. Sincerely, 1 ,~f t Mark Burroughs, or City of Denton Attachments 1. Resolution #R2010-035 RESOLUTION RESOLUTION NO. 82010-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ACCEPTING THE RECOMMENDATIONS MADE BY THE CITIZENS ADVISORY OVERSIGHT COMMITTEE APPOINTED BY THE CITY COUNCIL ON APRIL 19, 2005, REGARDING THE FIVE-YEAR CAPITAL IMPROVEMENTS PROGRAM, RESPECTING THE REALLOCATION OF FUNDING OF STREET IMPROVEMENTS FROM THE FY 2007-2008 MISCELLANEOUS ROADWAYS, THE FY 2008-2009 MISCELLANEOUS ROADWAYS, AND FROM THE FY 2008-2009 SIDEWALK INSTALLATIONS FUNDS TO THE PAISLEY STREET EXTENSION PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas proposed and adopted a five- year Capital Improvements Plan ("CIP") in 2005; the Citizens Advisory Oversight Committee ("CAOC"), a committee of five persons, was created by Resolution No. R2005- 015 on April 19, 2005 in order to consider appropriate adjustments and reallocations of the bond funds as are appropriate; and WHEREAS, the CAOC met on August 27, 2010 and considered and discussed the subject of street improvements and the reallocation of capital improvement funds from three CIP bond funds projects where funding was provided for Miscellaneous Roadways and from Sidewalk Installation at the time of bond issuance (FY 2007-2008 Miscellaneous Roadways; FY 2008-2009 Miscellaneous Roadways; and FY 2008-2009 Sidewalk Installation); and WHEREAS, after considering all of the relevant factors, the CAOC recommends to the City Council that $550,000 in CIP bond funds for street improvement should be reallocated from miscellaneous roadway improvements projects, from the FY 2007-2008 Miscellaneous Roadways ($216,000 in funds remaining); from FY 2008-2009 Miscellaneous Roadways ($230,000 in bonds sold this year); and the balance from FY 2008-2009 Sidewalk Installation ($104,000 in bonds sold this year) instead to the engineering and construction of Paisley Street, in the City of Denton, Texas, to provide for street extension and improvements; and WHEREAS, the City Council finds that this recommendation by the CAOC is in the best interests of the City of Denton, Texas and its citizens; NOW THEREFOR THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas hereby accepts the recommendations of the CAOC and permits a reallocation of $550,000 of capital improvement funds previously designated from the FY 2007-2008 Miscellaneous Roadways, the FY 2008-2009 Miscellaneous Roadways, and the FY 2008-2009 Sidewalk Installation bonds, instead to be allocated to the street extension and improvements for the engineering and construction of Paisley Street, in Denton, Texas SECTION 2. This Resolution shall become effective immediately upon its passage and approval. ~fL PASSED AND APPROVED this the day of 2010. MARK A. t, ROL7G MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: RESOLUTION RESOLUTION NO. 82010-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ACCEPTING THE RECOMMENDATIONS MADE BY THE CITIZENS ADVISORY OVERSIGHT COMMITTEE APPOINTED BY THE CITY COUNCIL ON APRIL 19, 2005, REGARDING THE FIVE-YEAR CAPITAL IMPROVEMENTS PROGRAM, RESPECTING THE REALLOCATION OF FUNDING OF STREET IMPROVEMENTS FROM WALNUT STREET AND PECAN STREET TO THE HICKORY STREET GRAND PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas proposed and adopted a five- year Capital Improvements Plan ("CIP") in 2005; the Citizens Advisory Oversight Committee ("CAOC"), a committee of five persons, was created by Resolution No. R2005-015 on April 19, 2005 in order to consider appropriate adjustments and reallocations of the bond funds as are appropriate; and WHEREAS, the CAOC met on August 27, 2010 and considered and discussed the subject of street improvements and the reallocation of capital improvement funds from two CIP projects where funding was provided for the improvement of streets at the time of bond issuance (the Walnut Street and Pecan Street Projects); and WHEREAS, the City Council, by Resolution No. R2010-032 enacted on August 17, 2010, has recently adopted a comprehensive "Downtown Implementation Plan;" which plan provides for the creation of Hickory Street as the "Grand Street;" and since 2005 the A-Train Project with the DCTA has nearly become a reality; and WHEREAS, after considering all of the relevant factors, the CAOC recommends to the City Council that $1,777,970 in CIP bond funds for street improvement should be reallocated from street improvements for the Walnut Street ($877,500) and Pecan Street ($900,470) Projects, instead to the "Hickory Street Grand Project" to complete street improvements from Locust Street to the DCTA transit station; the CAOC considers that access to Downtown Denton is critical, with the arrival of the A-Train expected in 2011; and WHEREAS, the City Council finds that this recommendation by the CAOC is in the best interests of the City of Denton, Texas and its citizens; NOW THEREFOR THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas hereby accepts the recommendations of the CAOC and permits a reallocation of $1,977,970 of capital improvement funds previously designated from the planned street improvements on Walnut Street and Pecan Street to the planned street improvements on the "Hickory Street Grand Project" SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 4 day of k2010. MARK X BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: o.) APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: RESOLUTION s:llegallour documentslresolutions1101north texas higher education authority. doe RESOLUTION NO. R2010-038 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for Places 2 and 4 on the Board of Directors of the North Texas Higher Education Authority, Inc. have expired; and WHEREAS, the Board has nominated Mr. Governor Jackson - Place 2 and Mr. Daniel Tonn - Place 4 on the Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Mr. Governor Jackson is hereby reappointed to Place 2 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term commencing October 1, 2010 and continuing through September 30, 2012. SECTION 2. Mr. Daniel Tonn is hereby reappointed to Place 4 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term commencing October 1, 2010 and continuing through September 30, 2012. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2010. MARK A: BURROUG S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP OVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY s BY: L RESOLUTION %(+$1$%$1$-"$%.1, R2010039 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords Act Other %(+$2#§º«(´¯º¯§²¹ ReplacedbyResolutionNo.R201104111/15/11JR s:llegallour documentslresolutions1101debt policy. doc RESOLUTION NO. R2010-039 A RESOLUTION REVISING ADMINISTRATIVE POLICY NO. 403.07 "DEBT SERVICE MANAGEMENT" AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 5th day of March, 1996, the City Council passed Resolution No. 96-013 adopting Administrative Policy No. 403.07 "Debt Service Management"; and WHEREAS, the policy was most recently amended on the 20th day of April, 2010, when the City Council passed Resolution No. 2010-012 adopting the current version of the Debt Service Management Policy; and WHEREAS, the Chief Financial Officer for the City of Denton has presented a proposed revision of the Debt Service Management Policy for the Council's consideration; and WHEREAS, the City Manager recommends adoption of the revised policy and the City Council desires to adopt such policy as the official policy regarding Debt Service Management; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The following policy entitled "Policy No. 403.07 "Debt Service Management", attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas and shall replace the existing Debt Service Management Policy. SECTION 2. The attached policy 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 , 2010. MA A. MAYOR ATTEST: BY: WALTERS, CITY SECRETARY rVED AS/TO LEGAL FORM: A BURGESS, CITY ATTORNEY BY: CITY OF DENTON Page 1 of 21 P0T,TC'V/ADMTNTCTRATTVF. PROC'.EDITRE./ADMTNISTRATIVE DIRECTIVE SECTION: FINANCE REFERENCE NUMBER: 403.07 SUBJECT: DEBT MANAGEMENT INITIAL EFECTIVE DATE: 03/05/96 TITLE: DEBT SERVICE MANAGEMENT LAST REVISION DATE: 11/2/10 POLICY STATEMENT This policy shall provide general guidelines by which the City of Denton (the City) will issue debt. In as much as this policy may be in conflict or inconsistent with state law, state law will prevail. Furthermore, state law will prevail on matters not specifically addressed in this policy. It is the objective of this policy that (1) the City obtain financing only when necessary, (2) the process for identifying the timing and amount of debt or other financing proceed as efficiently as possible, and (3) the City seek the most favorable interest rate and competitive costs. This debt management policy applies to the financing activities of the City of Denton, Texas. It also addresses the issues of process, use and limitations. Proceeds from debt issuances will be delivered as closely as possible to the time that contracts are expected to be awarded so that the proceeds are spent in the most efficient manner. The City Council shall review and approve the debt management policy at least annually and be documented by ordinance or resolution, which shall include any changes made. ADMINSTRATIVE PROCEDURES 1. DEBT MANAGEMENT COMMITTEE A. Members The Debt Management Committee (the Committee) will consist of the City Manager, Assistant City Managers, and the Chief Financial Officer. The City's financial advisor and bond counsel shall act as consultants to the Committee. B. Scope The Committee shall meet at least annually to review the debt program or as necessary. Topics for discussion should include: the Capital Improvement Program, status of outstanding debt, unspent bond proceeds, and unissued voter authorized debt, timing of additional financing needs and financing options, and the effect of proposed financing activity on the related rates supporting the debt (i.e., property tax rate, utility rates, user fees, etc.). Page 2 of 21 II. RESPONSIBILITY AND STANDARD OF CARE The Finance Department will coordinate all activities required for the issuance of all debt. A. Delegation The Chief Financial Officer shall have primary responsibility for developing financing recommendations. The Chief Financial Officer shall: • Meet no less than annually with Department Directors to consider the need for financing, review debt capacity and assess progress on the Capital Improvement Program; • Review changes in state and federal legislation; • Review annually the provisions of ordinances authorizing issuance of obligations; • Periodically review the City's Charter to ensure compliance with state law; and • Annually review services provided by the financial advisor, bond counsel, paying agent, and other service providers to evaluate the extent and effectiveness of the services being provided. B. Conflicts of Interest All participants in the debt management process shall seek to act responsibly as custodians of public assets. Officers and employees involved in the debt management process shall refrain from personal business activity that could conflict with proper execution of the financing program, or which could impair their ability to make impartial financing decisions. C. Reporting The Chief Financial Officer shall include in the Comprehensive Annual Financial Report (CAFR) a report summarizing all debt outstanding by type (tax supported and revenue backed), remaining balance of bond proceeds, update of arbitrage liability, and update of pertinent legislative changes. D. Investor Relations The City shall endeavor to maintain a positive relationship with the investment community. The Chief Financial Officer and the City's financial advisor shall, as necessary, prepare reports and other forms of communications regarding the City's indebtedness, as well as its future financing plans. This includes information presented to the press and other media. The information includes, but is not limited to, the annual program of services, comprehensive annual financial report, financial plans, capital improvement plans, and comprehensive development plans. Page 3 of 21 All forms of media deemed appropriate and immediately available to the City will be utilized to disseminate information to all investors. Examples include the Texas Municipal Report, The Bond Buyer, Electronic Municipal Market Access (EMMA) and the Municipal Advisory Council of Texas (MAC). Bond counsel will advise on the use of electronic media in connection with the City's debt program. E. Financial Advisor The City shall retain an independent financial advisor for advice on the structuring of new debt, financial analysis of various options, the rating review process, the marketing of debt issues, marketability of City obligations, sale and post-sale services, the review of the official statement, and other services, as necessary. The City will seek the advice of the financial advisor on an ongoing basis. The financial advisor will perform other services as defined by the agreement approved by the City Council. The financial advisor will not bid on nor underwrite any city debt issues without requesting and obtaining a written consent to bid prior to submitting a bid in accordance with the provisions of Rule G-23 of the Municipal Securities Rulemaking Board (MSRB). The Chief Financial Officer shall be the responsible person to receive such a request and will make the final written recommendation to the City Council. F. Bond Counsel The City shall retain bond counsel for legal and procedural advice on all debt issues. Bond counsel shall advise the City Council in all matters pertaining to its bond ordinance(s) and/or resolution(s). No action shall be taken with respect to any obligation until a written instrument (i.e., Certificate of Ordinance or other prevailing instrument) has been prepared by the bond attorneys certifying the legality of the proposal. The bond attorneys shall prepare all ordinances and other legal instruments required for the execution and sale of any bonds issued which shall then be reviewed by the City Attorney and the Chief Financial Officer. The City will also seek the advice of bond counsel on all other types of debt and on any other questions involving federal tax or arbitrage law. Special counsel may be retained to protect the City's interest in complex negotiations. III. OFFICIAL STATEMENT The preparation of the Official Statement is the responsibility of the financial advisor in concert with the Chief Financial Officer. Information for the Official Statement is gathered from departments/divisions throughout the City. The City will take all appropriate steps to comply with the federal disclosure rules (i.e., Securities and Exchange Commission Rule 15c2-12). The City will provide annual and material event disclosure to information repositories throughout the term of securities for the benefit of the primary and secondary municipal markets as required by Rule 15c2-12. Page 4 of 21 IV. DISCLOSURE A. With each bond offering, and at least annually, in the preparation of Financial Reports or Official Statements or any other offering document, the City will follow a policy of full and complete disclosure of operating, financial and legal conditions of the City, in conformance with the Government Finance Officers Association Disclosure Guideline, and as advised by disclosure counsel or financial advisor. B. Notice of Events Securities and Exchange Commission (SEC) Rule 15c2-12 lists certain events that must be reported in a timely fashion to the Municipal Security Rulemaking Board (MSRB) via the Electronic Municipal Market Access (EMMA) system and, if required by Rule 15c2-12, to the State Information Depository (SID), the Municipal Advisory Council of Texas (MAC). On May 26, 2010, the SEC made amendments to Rule 15c2-12, which only apply to primary offerings that occur on or after December 1, 2010. While not required, the City will make every effort to apply the new requirements to existing bond issuances since the amendments make Rule 15c2-12 more stringent. 1. The events that must be reported, if material are: a. Nonpayment related defaults; b. Modifications of rights of security holders; c. Bond calls; d. Release, substitution, or sale of property securing repayment of the securities; e. Mergers, consolidations, acquisitions, the sale of all or substantially all of the assets of the obligated person or their termination; f. Appointment of a successor or additional trustee or the change of the name of a trustee. 2. The events that must be reported, regardless of materiality, are: a. Principal and interest payment delinquencies; b. Nonpayment related defaults; c. Unscheduled draws on debt service reserves reflecting financial difficulties; d. Unscheduled draws on credit enhancements reflecting financial difficulties; e. Substitution of credit or liquidity providers, or their failure to perform; f. Adverse tax opinions or events affecting the tax-exempt status of the security; g. Defeasances; h. Rating changes; Page 5 of 21 i. The issuance by the IRS of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the securities; j. Tender offers; k. Bankruptcy, insolvency, receivership or similar proceeding. C. In addition, the SEC has approved the following proposals to become effective within the next year: a. Underwriters shall indicate on the EMMA system whether the issuer has agreed to provide secondary market disclosure information, when it will be provided, and the name of the obligated entity. b. The MSRB shall indicate on the EMMA system the issues that voluntarily agree to provide the following: 1. Annual financial information within 120 days (150 days until December 31, 2013) after the fiscal year ends; 2. An undertaking to prepare audited financial statements in compliance with accounting standards established by the Governmental Accounting Standards Board; and 3. The website link to the issuer's financial information. Full disclosure of the operations will be made to the bond rating agencies. The City staff, with the assistance of the financial advisors and bond counsel, will prepare the necessary materials for and presentation to the rating agencies. V. RATING AGENCY COMMUNICATIONS & CREDIT OBJECTIVES The City will seek to maintain and improve its current bond rating so its borrowing costs are reduced to a minimum and its access to credit is preserved. In conjunction with the financial advisor, the City shall maintain a line of communication with at least two of the rating agencies (Moody's, Standard & Poor's, and Fitch), informing them of major financial events in the City as they occur. The Comprehensive Annual Financial Report, Annual Program of Services, and Capital Improvement Plan, shall be distributed to the rating agencies after they have been accepted/adopted by the City Council on an annual basis. When necessary, a conference call or personal meeting with representatives of the rating agencies will be scheduled when a major capital improvement program is initiated, or to discuss economical and/or financial developments which might impact credit ratings. The following documents may be required by the rating agencies: - Most recent annual audit reports, including a description of accounting practices. Accounting changes in the past three years and the impact on financial results should be explained. - Current budget. - Current Capital Improvement Program. Page 6 of 21 - Official statements for new financings. - Description of projects being financed. Sources and uses statement for bond issuance. If additional funds are required to complete specific projects being financed, the source of the funds and any conditional requirements may be discussed. - Engineering and feasibility report (if applicable). - Zoning or land-use map (if applicable). - Cash flow statement, in the case of interim borrowing. Statement of long - and short-term debt with annual and monthly maturity dates as appropriate. Also, a report of any lease obligations, their nature and term. - Indication of appropriate authority for debt issuance - Investment policy (if applicable). Statement concerning remaining borrowing capacity plus tax rate and levy capacity or other revenue capacity. VI. LIMITATIONS OF INDEBTEDNESS City staff, in conjunction with the financial advisor and bond counsel, will present to the City Council, and any city committee as appropriate, a comprehensive analysis of debt capacity prior to issuing bonds. This analysis should cover a broad range of factors, including: • Legal debt limits, tax or expenditure ceilings. • Coverage requirements or additional bonds tests in accordance with bond covenants. • Measures of the tax and revenue base, such as projections of relevant economic variables (e.g., assessed property values, employment base, unemployment rates, income levels, and retail sales). • Population trends. • Utilization trends for services underlying revenues. • Factors affecting tax collections, including types of property, goods, or services taxed, assessment practices and collection rates, evaluation of trends relating to the City's financial performance, such as revenues and expenditures, net revenues available after meeting operating requirements. • Reliability of revenues expected to pay debt service. • Unreserved fund balance levels. • Debt service obligations, such as existing debt service requirements. • Debt service as a percentage of expenditures or tax or system revenues. • Measures of debt burden on the community, such as debt per capita, debt as a percentage of full or equalized assessed property value, and overlapping or underlying debt. • Tax-exempt market factors affecting interest costs, such as interest rates, market receptivity, and credit rating. The City has revenue bonds and other indebtedness of the Electric, Water, and Wastewater Funds. The City will maintain coverage ratios as dictated by the City's outstanding bond covenants (e.g. 1.25 times the maximum principal and interest of all Page 7 of 21 outstanding revenue bonds and/or 1.50 times the average annual principal and interest of all outstanding revenue bonds, or as required by individual bond covenants). The Electric, Water, and Wastewater Funds' total long-term debt outstanding shall not exceed the amount of combined fund equity. VII. CAPITAL IMPROVEMENT PLAN A. The City will seek all possible federal and state reimbursement for mandated projects and/or programs. The City will pursue a balanced relationship between issuing debt and pay-as-you-go financing as dictated by prevailing economic factors and as directed by the City Council. B. Current operations will not be financed with long-term debt. C. Debt incurred to finance capital improvements will be repaid within the useful life of the project or earlier, if callable. D. High priority will be assigned to the replacement of capital improvements when they have deteriorated to the point there they are hazardous, incur high maintenance costs, negatively affect property values, or no longer serve their intended purposes. E. An updated Capital Improvement Plan will be presented to the City Council for approval on an annual basis. This plan will be used as a basis for the long-range financial planning process. VIII. TYPES OF DEBT The City's bond counsel and financial advisor will present the different types of debt best suited and legally permissible under state law for each debt issue and assist in analyzing the use of capital lease purchases or the use of lines of credit. These types may include: • short-term vs. long-term debt, • general obligation vs. revenue debt, • fixed debt, • lease-backed debt, • special obligation debt such as assessment district debt, • certificates of obligation debt • combination tax and revenue debt, • tax increment debt, • conduit issues, and • taxable debt. The issuance of variable rate debt requires the approval of the City Council and is not expressly permitted by this policy. The Chief Financial Officer will be responsible for evaluating this type of debt and will present a recommendation and variable rate debt policy to the City Council as necessary. Page 8 of 21 IX. BOND STRUCTURE Structural features that may be considered are: • maturity of the debt, • setting the final maturity of the debt equal to or less than the useful life of the proj ect, • use of zero coupon bonds, capital appreciation bonds, deep discount bonds, or premium bonds, • debt service structure (level debt service payments, level principal payments or other repayment structure defined by state law), • redemption provisions (mandatory and optional call features), • use of credit enhancement, • use of senior lien and junior lien obligations, and • others, as deemed appropriate in consultation with financial advisor and bond counsel. X. SHORT-TERM DEBT A. General Short-term obligations may be issued to finance projects or portions of projects for which the City ultimately intends to issue long-term debt; i.e., it will be used, when appropriate, to provide interim financing which will eventually be refunded with the proceeds of long-term obligations. Short-term obligations may be backed with a tax and/or revenue pledge or a pledge of other available resources. Interim financing may be appropriate when long-term interest rates are expected to decline in the future. In addition, some forms of short-term obligations may be obtained more quickly than long-term obligations and, thus, may be used until long-term financing is secured. B. Commercial Paper Due to the financing costs associated with the marketing and placement of commercial paper, programs of less than $25 million may not be cost effective. Should the opportunity to participate in a commercial paper issuance pool present itself or if the establishment of a program becomes cost effective, the advantages and disadvantages shall be evaluated by the Chief Financial Officer. The use of a commercial paper program requires approval by the City Council. C. Anticipation Notes Anticipation notes do not require giving a notice of intent. Anticipation notes may be secured and repaid by a pledge of revenue, taxes, or the proceeds of a Page 9 of 21 future debt issue. Anticipation notes may be authorized by an ordinance adopted by the City Council. Anticipation notes may be used to finance projects or acquisitions that could also be financed using Certificates of Obligation and have the following restrictions: 1) Anticipation notes may not be used to repay interfund borrowing or a borrowing that occurred up to/or more than 24-months prior to the date of issuance, and 2) A governing body may not issue anticipation notes that are payable from bond proceeds unless the proposition authorizing the issuance of the general obligation bonds has already been approved by the voters. D. Line of Credit To the extent authorized by state law and with the approval of the City Council, the City may establish a tax-exempt line of credit with a financial institution selected through a competitive process. Draws shall be made on the line of credit when (1) the need for financing is so urgent that time does not permit the issuance of long-term debt, or (2) the need for financing is so small that the total cost of issuance of long-term debt including carrying costs of debt proceeds not needed immediately is significantly higher. Draws will be made on the line of credit to pay for projects designated for line of credit financing by the City Council. Borrowings under the line of credit shall be repaid from current revenues. The Chief Financial Officer will authorize all draws on the line of credit, as authorized in the agreement approved by the City Council. E. Capital Leasing Capital leasing is an option for the acquisition of a piece or package of equipment. Leasing shall not be considered when funds are on hand for the acquisition unless the interest expense associated with the lease is less than the interest that can be earned by investing the funds on hand or when other factors such as budget constraints or vendor responsiveness override the economic consideration. Whenever a lease is arranged with a private sector entity, a tax-exempt rate shall be sought. Whenever a lease is arranged with a government or other tax-exempt entity, the City shall obtain an explicitly defined taxable rate so that the lease will not be counted in the City's total annual borrowings subject to arbitrage rebate. The lease agreement shall permit the City to refinance the lease at no more than reasonable cost should the City decide to do so. A lease which may be called at will is preferable to one which may merely be accelerated. The City shall obtain at least three (3) competitive proposals for any lease financing. The net present value of competitive bids shall be compared, taking Page 10 of 21 into account whether payments are in advance or in arrears, and how frequently payments are made. The purchase price of equipment shall be competitively bid, as required by state law, as well as the financing costs. The Chief Financial Officer will ensure any leasing agreement is compared to other financing options to ensure the lease is cost beneficial. Alternate financing options will include, certificates of obligation and lines of credit. The Chief Financial Officer will be the person responsible for evaluating this financing source, and will make a recommendation to the City Council for approval. F. Interfund Loans As allowed by the City, the Chief Financial Officer will review opportunities whereby interfund loans may be utilized to meet short-term financing needs. Interfund loans will only be utilized if economically beneficial to the lending fund and only if the rate of return is comparable or higher than the rate of return the lending fund would otherwise receive by keeping funds in the City's investment pool. Any interfund loan must be approved by the City Council. XI. LONG-TERM DEBT A. General Proceeds from the sale of long-term obligations will not be used for operating purposes, and the life of the obligations will not exceed the estimated useful life of the projects financed. Voter approved general obligation bonds will strive to have a final maturity of twenty (20) years or less. Revenue bonds and certificates of obligation will strive to have a final maturity of thirty (30) years or less. If deemed appropriate, staff may present to the City Council extraordinary circumstances in which longer final maturities may be necessary but never in excess of the useful life of an individual project. A level debt service structure will be used unless operational matters and marketing considerations dictate otherwise. The cost of issuance of private activity bonds is usually higher than for governmental purpose bonds. Consequently, private activity bonds will be issued only when they will economically benefit the City. The cost of taxable debt is higher than for tax-exempt debt. However, the issuance of taxable debt may be required or may be more appropriate in some circumstances and may allow valuable flexibility in subsequent contracts with users or managers of the improvement constructed with the bond proceeds. Therefore, the City will usually issue tax-exempt obligations but may occasionally issue taxable obligations. Page 11 of 21 B. Bonds Long-term general obligation, including certificates of obligation, or revenue bonds shall be issued to finance significant and desirable capital improvements. The general obligation bonds will be used for purposes set forth by voters in bond elections or to refund previously issued general obligation bonds or certificates of obligation. All bonds shall be sold in accordance with applicable law. C. Certificates of Obligation Certificates of obligation may be issued to: • finance permanent improvements and land acquisition • finance costs associated with capital project overruns • acquire equipment/vehicles • leverage grant funding • renovate, acquire, construct facilities and facility improvements • construct street improvements • provide funding for master plans/studies • address necessary life safety needs • finance revenue producing facilities if determined to be more economical than revenue bonds In accordance with state law, a resolution authorizing publication of notice of intent to issue certificates of obligation shall be presented for the consideration of the City Council. The notice of intent shall be published in a newspaper of general circulation in the City once a week for two consecutive weeks with the first publication to be at least thirty (30) days prior to the sale date. Certificates of obligation may be backed by a tax pledge under certain circumstances as defined by law. They may also be backed by a combination tax and revenue pledge eligible under state law. Some revenues are restricted as to the uses for which they may be pledged. Electric, Water, and Wastewater revenues may be pledged without limit for Electric, Water, and Wastewater purposes but may only be pledged to a limit of $1,000 for any one series of bonds issued for non-utility system purposes. The final maturity of certificates of obligation will be in accordance with Section XI, A. D. Public Property Finance Contractual Obligation Public property finance contractual obligations may be issued to finance the acquisition of personal property. Page 12 of 21 E. Revenue Bonds In addition to the policies set forth above, when cost-beneficial and when permitted under applicable state law, the City may consider the use of surety bonds, letters of credit, or similar instruments to satisfy mandated debt service reserve fund requirements on outstanding and/or proposed revenue bonds. F. Combination Tax and Revenue Bonds In addition to the policies set forth above, when cost-beneficial and when permitted under applicable state law, the City may consider the use of Combination Tax and Revenue Bonds for refunding obligations of the Electric, Water and Wastewater combined utility system, and Solid Waste or any other self-supporting revenue producing City enterprise. Combination Tax and Revenue Bonds will comply with applicable state law and are assigned the full faith and credit of the City, thereby enhancing the credit rating otherwise obtained from revenue supported only debt (Revenue Bonds). XII. CREDIT ENHANCEMENTS Credit enhancements are mechanisms which guarantee principal and interest payments. They include bond insurance, lines of credit, surety bonds and letters of credit. A credit enhancement, while costly, is intended to bring a lower interest rate on debt and a higher rating from the rating agencies, thus lowering overall costs. The City's financial advisor will advise the city whether or not a credit enhancement is cost effective under the circumstances and what type of credit enhancement, if any, should be purchased. In a negotiated sale, bids will be taken during the period prior to the pricing of the sale. In a competitive sale, bond insurance may be provided by the purchaser if the purchaser finds it cost effective. Other credit enhancements may arise in the future, which may be beneficial. The City's financial advisor will present these options for consideration. XIII. REFUNDING AND RESTRUCTURING OPTIONS In the case of advance refundings, the City shall consider refunding debt whenever an analysis indicates the potential for present value savings of at least 3% of the par amount being refunded. In the case of current refundings, the City shall consider refunding debt whenever an analysis indicates the potential for present value savings above the costs of refunding the bonds. Refunding for savings should not extend the final maturity of the original obligations, unless specifically approved by the City Council. Page 13 of 21 XIV. REIMBURSEMENT ORDINANCES The Chief Financial Officer will review and approve all reimbursement ordinances from City departments, including enterprise fund departments, before forwarding to the City Council for consideration. In no event will a reimbursement ordinance exceed the unreserved fund equity of the combined Utility System for Electric, Water or Wastewater requests or the operating fund of any other department malting a request. Reimbursement ordinances must be adopted within sixty (60) days of the date the original expenditures were paid. Bonds must be issued and the reimbursement allocation made not later than eighteen (18) months after the later of (1) the date the original expenditures were paid, or (2) the date the project is placed in service or abandoned, but in no event more than three (3) years after the original expenditures were paid. XV. USE OF ANTICIPATED BOND PROCEEDS The use of anticipated bond proceeds will be limited to preliminary (soft) costs, which may include engineering fees, architect fees, feasibility studies, etc... The Director of Finance may provide additional parameters regarding qualifying uses and will review and approve all requests for the use of anticipated bond proceeds. Departments may not use anticipated bond proceeds for preliminary costs earlier than 60 days from the date the City Council adopts an ordinance authorizing the sale of said bonds. In no event will the use of anticipated bond proceeds exceed the unreserved fund equity of the combined Utility System for Electric, Water or Wastewater requests or the operating fund of any other department making a request. XVI. METHOD OF SALE A. Competitive Sale When feasible and economical, obligations shall be issued by competitive rather than negotiated sale. Favorable conditions for a competitive method of sale include the following: • The market is familiar with the issuer, and the issuer is a stable and regular borrower in the public market. • An active secondary market with a broad investor base for the issuer's bonds. • The issue is neither too large to be easily absorbed by the market nor too small to attract investors without a concerted sales effort. • The issue is not viewed by the market as carrying overly complex features or requiring explanation as to the bonds' soundness. • Interest rates are stable, market demand is strong, and the market is able to absorb a reasonable amount of buying or selling at reasonable price changes. Page 14 of 21 1. Bidding Parameters The notice of sale will be carefully constructed so as to ensure the best possible bid for the City, in light of existing market conditions and other prevailing factors. Parameters to be examined may include: a. Limits between lowest and highest coupons b. Coupon requirements relative to the yield curve c. Method of underwriter compensation, discount or premium coupons d. Use of true interest cost (TIC) versus net interest cost (NIC) e. Use of bond insurance f. Serial bonds vs term bonds with mandatory sinking fund redemptions g. Deep discount bonds h. Call provisions B. Negotiated Sale Bonds issued for the purpose of refunding and/or restructuring outstanding debt may appropriately be sold on a negotiated basis when maximum flexibility is required in order for the City to respond to day-to-day nuances in the marketplace and other complications peculiar to the issuance of refunding debt. Whenever the option exists to sell an issue on a negotiated basis, an analysis of the options shall be performed to aid in the decision-making process. The City will present the reasons and will actively participate in the selection of the underwriter or direct purchaser. In a negotiated sale, the underwriter may be selected through a request for proposals (RFP) or because of a relationship established by previous debt transactions. The criteria used to select an underwriter in a negotiated sale may include the following: • Overall experience • Participation in the City's past competitive sales • Marketing philosophy • Capability • Previous experience as managing or co-managing partner • Financial statement • Public finance team and resources • Breakdown of underwriter's discount, which includes management fee, underwriting fee, average takedown and other administrative expenses C. Private Placement When cost-beneficial, the City may privately place its debt. Since no underwriter participates in a private placement, it may result in lower cost of issuance. Private placement is sometimes an option for small issues. The opportunity may be identified by the financial advisor. Page 15 of 21 XVII. INVESTMENT OF BOND PROCEEDS A. Strategy The City should actively monitor its investment practices to ensure maximum returns on its invested bond funds while complying with federal arbitrage guidelines. Specific investment strategies for the investment of bond proceeds are provided in the City's Investment Policy # 403.06. B. Arbitrage Compliance The City will follow a policy of full compliance with all arbitrage rebate requirements of the federal tax code and Internal Revenue Service regulations, and will perform (internally or by contract consultants) arbitrage rebate calculations for each issue subject to rebate on an annual basis. All necessary rebates will be filed and paid when due. C. Arbitrage Liability Management The Chief Financial Officer will maintain a system for tracking arbitrage rebate liability and ensuring that required calculations are performed on a timely basis. These calculations will be performed annually. Funds should be set aside in anticipation of potential rebate liabilities. Due to the complexity of the arbitrage calculations and regulations, and to the severity of the penalties for noncompliance, the advice of Bond Counsel and qualified experts will be pursued on an ongoing basis. D. All bond proceeds will be separately accounted for in the financial accounting system to facilitate arbitrage tracking and reporting. The Chief Financial Officer shall include in the CAFR a report summarizing the City's arbitrage rebate liability. Page 16of 21 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 GLOSSARY Amortization - The planned reduction of a debt obligation according to a stated maturity or redemption schedule Arbitrage - The gain which may be obtained by borrowing funds at a lower (often tax-exempt) rate and investing the proceeds at higher (often taxable) rates. The ability to earn arbitrage by issuing tax-exempt securities has been severely curtailed by the Tax Reform Act of 1986, as amended Average Life - The average length of time debt is expected to be outstanding. Generally, a level debt service structure will limit the average life of a bond issue (i.e., a 20 year final maturity will have an approximate average life of 12 years, and a 30 year final maturity will have an approximate average life of 18 years). Basis Point - One one-hundredth of one percent (0.0001) BBI - Bond Buyer Index. Comparison of current rates for various maturities Bid Form - The document used by an underwriter to submit his bid at a competitive sale Bond - A security that represents an obligation to pay a specified amount of money on a specific date in the future, typically with periodic interest payments Bond Counsel - An attorney (or firm of attorneys) retained by the issuer to give a legal opinion concerning the validity of the securities. The bond counsel's opinion usually addresses the subject of tax exemption. Bond counsel may prepare, or review and advise the issuer regarding authorizing resolutions or ordinances, trust indentures, official statements, validation proceedings and litigation Bond Insurance - Bond insurance is a type of credit enhancement whereby a monoline insurance company indemnifies an investor against a default by the issuer to pay principal and interest in-full and on-time. Once assigned, the municipal bond insurance policy generally is irrevocable. The insurance company receives an up-front fee, or premium, when the policy is issued Book-Entry-Only - Bonds that are issued in fully-registered form but without certificates of ownership. The ownership interest of each actual purchaser is recorded on computer Bond Years - $1,000 of debt outstanding for one year used to compute average life and net interest cost Call Option - The right to redeem a bond prior to its stated maturity, either on a given date or continuously. The call option is also referred to as the optional redemption provision Page 17of 21 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Continued REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Capital Appreciation Bond - A bond without current interest coupons that is sold at a substantial discount from par. Investors are provided with a return based upon the accretion of value in the bond through maturity Capital Lease - The acquisition of a capital asset over time rather than merely paying a rental fee for temporary use. A lease-purchase agreement, in which provision is made for transfer of ownership of the property for a nominal price at the scheduled termination of the lease, is referred to as a capital lease Certificates of Obligation - A type of debt authorized to be issued pursuant to the Certificates of Obligation Act of 1971 (Subchapter C of Chapter 271, Texas Government Code). Closing - When bonds are exchanged for money (a/k/a delivery or settlement) Commercial Paper (Tax-Exempt) - By convention, short-term, unsecured promissory notes issued in either registered or bearer form with a stated maturity of 270 days or less Competitive Sale - A sale of securities in which the securities are awarded to the bidder who offers to purchase the issue at the best price or lowest cost Coupon Rate - The interest rate on specific maturities of a bond issue. While the term "coupon" derives from the days when virtually all municipal bonds were in bearer form with coupons attached, the term is still frequently used to refer to the interest rate on different maturities of bonds in registered form Cover Bid - The runner-up in a competitive bond sale Credit Enhancements - Credit enhancements are mechanisms which guarantee principal and interest payments. They include bond insurance and a line or letter of credit. A credit enhancement, while costly, will usually bring a lower interest rate on debt and a higher rating from the rating agencies, thus lowering overall costs. Cost effectiveness of credit enhancement will be evaluated for each debt issue CUSIP Number - The term CUSIP is an acronym for the Committee on Uniform Securities Identification Procedures. An identification number is assigned to each maturity of an issue, and is usually printed on the face of each individual certificate of the issue. The CUSIP numbers are intended to help facilitate the identification and clearance of municipal securities. As the municipal market has evolved, and the new derivative products are devised, the importance of the CUSIP system for identification purposes has increased Dated Date - A defined date at which interest begins to accrue from Page 18of 21 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Debt Burden - The ratio of outstanding tax-supported debt to the market value of property within a jurisdiction. The overall debt burden includes a jurisdiction's proportionate share of overlapping debt as well as the municipality's direct net debt Debt Limitation - The maximum amount of debt that is legally permitted by a jurisdiction's charter, constitution, or statutory requirements Debt Service - The amount necessary to pay principal and interest requirements on outstanding bonds for a given year or series of years Debt Service Reserve Fund - The fund into which moneys are placed which may be used to pay debt service if pledged revenues are insufficient to satisfy the debt service requirements. The debt service reserve fund may be entirely funded with bond proceeds, or it may only be partly funded at the time of the issuance and allowed to reach its full funding requirement over time, due to the accumulation of pledged revenues. If the debt service reserve fund is used in whole or part to pay debt service, the issuer usually is required to replenish the funds from the first available funds or revenues. A typical reserve requirement might be the maximum aggregate annual debt service requirement for any year remaining until the bonds reach maturity. The size of the reserve fund, and the manner in which it is invested, may be subject to arbitrage regulations. Default - The failure to pay principal or interest in full or on time. An actual default should be distinguished from technical default. The latter refers to a failure by an issuer to abide by certain covenants but does not necessarily result in a failure to pay principle or interest when due. Defeasance - Providing for payment of principal of premium, if any, and interest on debt through the first call date or scheduled principal maturity in accordance with the terms and requirements of the instrument pursuant to which the debt was issued. A legal defeasance usually involves establishing an irrevocable escrow funded with only cash and U.S. government obligations Depository Trust Company (DTQ - A limited purpose trust company organized under the New York Banking Law. DTC facilitates the settlement of transactions in municipal securities Downgrade - A reduction in credit rating Enterprise Activity -A revenue-generating projector business. The project often provides funds necessary to pay debt service on securities issued to finance the facility. The debts of such projects are self-liquidating when the projects earn sufficient monies to cover all debt service and other requirements imposed under the bond contract. Common examples include water and sewer treatment facilities and utility facilities Page 19of 21 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Continued REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Electronic Municipal Market Access (EMMA) - Effective July 1, 2009, the SEC implemented amendments to SEC Rule 15c2-12 which approved the establishment by the MSRB of EMMA, the sole successor to the nationally recognized municipal securities information repositories with respect to filings made in connection with disclosure undertakings. Access to filings are made free of charge to the general public by the MSRB. Final Official Statement (FOS) - A document published by the issuer which generally discloses material information on a new issue of municipal securities including the purposes of the issue, how the securities will be repaid, and the financial, economic and social characteristics of the issuing government. Investors may use this information to evaluate the credit quality of the securities Flow of Funds - The order in which pledged revenues must be disbursed, as set forth in the trust indenture or bond resolution. In most instances, the pledged revenues are deposited into a general collection account or revenue fund as they are received and subsequently transferred into the other accounts established by the bond resolution or trust indenture. The other accounts provide for payment of the costs of debt service, debt service reserve deposits, operation and maintenance costs, renewal and replacement, and other requirements General Obligation Debt- Debt that is secured by a pledge of the ad valorem taxing power of the issuer. Also known as a full faith and credit obligation. Good Faith Deposit - A sum of money given by the Underwriter to assure his bid Institutional Buyer - Banks, financial institutions, insurance companies, and bond funds Issuance Costs - The costs incurred by the bond issuer during the planning and sale of securities. These costs include but are not limited to financial advisory and bond counsel fees, printing and advertising costs, rating agencies fees, and other expenses incurred in the marketing of an issue Junior Lien Bonds - Bonds which have a subordinate claim against pledged revenues Letter of Credit - Bank credit facility whereby a bank will honor the payment of an issuer's debt, in the event that an issuer is unable to do so, thereby providing an additional source of security for bondholders for a predetermined period of time. A letter of credit often is referred to as an L/C or an LOC. Letter of Credit can be issued on a "stand-by" or "direct pay" basis Level Debt Service - When annual payments are substantially the same each year Line of Credit - Bank credit facility wherein the bank agrees to lend up to a maximum amount of funds at some date in the future in return for a commitment fee Page 20of 21 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Continued REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Manager - The member (or members) of an underwriting syndicate charged with the primary responsibility for conducting the affairs of the syndicate. The managers take the largest underwriting commitment Lead Manager or Senior Manager The underwriter serving as head of the syndicate. The lead manager generally handles negotiations in a negotiated underwriting of a new issue of municipal securities or directs the process by which a bid is determined for a competitive underwriting. The lead manager also is charged with allocating securities among the members of the syndicate in adcordance with the terms of the syndicate agreement or agreement among underwriters Joint Manager or Co-Manager Any member of the management group Municipal Advisory Council of Texas (MAC) - The designated State of Texas Information Depository as approved by the SEC with respect to filings made in connection with undertakings. Municipal Securities Rulemaking Board (MSRB) - A self-regulating organization established on September 5, 1975 upon the appointment of a 15-member Board by the Securities and Exchange Agreement. The MSRB, comprised of representatives from investment banking firms, dealer bank representatives, and public representatives, is entrusted with the responsibility of writing rules of conduct for the municipal securities market. New Board members are selected by the MSRB pursuant to the method set forth in Board rules Negotiated Sale - A sale of securities in which the terms of sale are determined through negotiation between the issuer and the purchaser, typically an underwriter, without competitive bidding Net Interest Cost - The average interest cost of a bond issue calculated on the basis of simple interest. Paying Agent - An agent of the issuer with responsibility for timely payment of principal and interest to bond holders Preliminary Official Statement (POS) -The POS is a preliminary version of the official statement which is used by an issuer or underwriters to describe the proposed issue of municipal securities prior to the determination of the interest rate(s) and offering prices(s). The preliminary official statement, also called a "red herring", often is examined upon by potential purchasers prior to making an investment decision Present Value - The value of a future amount or stream of revenues or expenditures in current dollars Page 21 of 21 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: DEBT SERVICE MANAGEMENT 403.07 Refunding - An advance refunding is a refunding that occurs more than 90 days before the call date of the refunded bonds. A current refunding is a process of selling a new issue of securities to obtain funds needed to retire existing securities. Debt refunding is done to extend maturity and/or to reduce debt service cost Retail Buyer - Individual investors Revenue Bond - A bond which is payable from a specific source of revenue and to which the full faith and credit of an issuer with taxing power is not pledged. Revenue bonds are payable from identified sources of revenue, and do not permit the bondholders to compel a jurisdiction to pay debt service from any other source. Pledged revenues often are derived from the operation of an enterprise activity. Generally, no voter approval is required prior to issuance of such obligations Secondary Market - The market in which bonds are sold after their initial sale in the new issue market Senior Lien Bonds - Bonds having a prior, or first claim on pledged revenues Serial Bonds - A bond issue in which the principal is repaid in periodic installments over the issue's life Split ratings - Different rating levels from different rating agencies Surety Bond - A bond guaranteeing performance of a contract or obligation Term Bonds - Term bonds usually refer to a particularly large maturity of a bond issue that is created by aggregating a series of maturities. A provision is often made for the mandatory redemption of specified amounts of principal during several years prior to the stated maturity, which effectively simulates serial bonds True Interest Cost (TIC) - An expression of the average interest cost in present value terms. The true interest cost is a more accurate measurement of the bond issue's effective interest cost and should be used to ascertain the best bid in a competitive sale Variable Rate Bond - A bond on which the interest rate is reset periodically, usually no less often than semi-annually. The interest rate is reset either by means of an auction or through an index Upgrade - An increase in credit rating RESOLUTION %(+$1$%$1$-"$%.1, R2010040 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords Act Other %(+$2#§º«(´¯º¯§²¹ AmendedbyResolutionNo.R201104211/15/11JR sAlegahour documentslresolutions1101investment policy. doc RESOLUTION NO. 82010-040 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 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, the Investment Policy was most recently amended on the 3rd day of November, 2009, when the City Council passed Resolution No. 2009-028 adopting the current version of the Investment Policy; and 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 following policy entitled "Policy No. 403.06 "Investment Policy", attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas and shall replace the existing Investment Policy. SECTION 2. The attached Policy 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 '2010. MARK A. O H MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: hw J ~A Jin V h I a J APPROVED AS" TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: r CITY OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 1 of 15 SECTION: FINANCE POLICIES REFERENCE NUMBER: 403.06 INITIAL EFFECTIVE DATE: SUBJECT: INVESTMENTS 02/17/87 REVISION DATE: TITLE: INVESTMENT POLICY 11/2/10 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. II. SCOPE A. This Investment Policy applies to the investment activities of the City of Denton, Texas. The specific funds cited hereafter in Section IlD, 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: 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. 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. Enterprise Funds - used to account for operations that are financed and operated in a POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 2 of 15 TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 manner similar to private business enterprises. 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. Bond Reserve Funds - funds set at prescribed levels by certain bond ordinances to pay principal and/or interest if required to prevent default. 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: 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. 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. 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. 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. 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. POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 3 of 15 TITLE: 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. POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 4 of 15 TITLE: 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: 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. 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: Ensure safety of principal by investing in only high quality securities for which a strong secondary market exists. 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. 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: 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. Limit market and credit risk through diversification. 4. Attain the best feasible yield commensurate with the objectives and restrictions set forth in this Policy. POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 5 of 15 TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 V. INVESTMENT COMMITTEE Members - The Investment Committee will consist of the City Manager, Assistant City Manager for Finance, Assistant City Manager for Utilities, Chief Financial Officer, City Controller, Assistant Director of Finance, Treasury Administrator, and the City's investment advisor. The investment advisor is a non-voting member. When needed, the City Attorney will act as a legal advisor to 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 meeting summations to all members. 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 Chief Financial Officer. The primary individual who shall be involved in investment activities will be his designee. The designee may delegate the day to day activities to a responsible individual(s) who has received the appropriate training required by state statute. The Chief Financial Officer and department designees will use this Policy as the primary guideline for the City's investment program, procedures, and internal control issues. The Assistant City Manager who oversees financial operations and the Chief Financial Officer 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, 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, Chief Financial Officer, Mayor, City Council, City Manager and other Finance Department employees shall be personally indemnified in the event of investment loss provided the Investment Policy has been followed. POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 6 of 15 TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 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. 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 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 Chief Financial Officer 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) POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 7 of 15 TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 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 Chief Financial Officer 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. 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. Direct obligations of the United States of America, its agencies and instrumentalities (maturing in less than five (5) years). POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 8of15 TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 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). 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). 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). 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 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). 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 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 9 of 15 TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 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. 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. 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). A Securities and Exchange Commission (SEC) registered, no load money market mutual fund which has a dollar weighted average stated maturity of 60 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, AA.Am 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: 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. All collateralized mortgage obligations. 4. Reverse repurchase agreements. POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 10 of 15 TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 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: 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. 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 money market mutual fund, as well as bank balances. 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. Risk of principal loss in the portfolio as a whole shall be minimized by diversifying investment types according to the following limitations: Investment Type % 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% • 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 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 11 of 15 TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 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, as well as for certificates of deposit. Exceptions include: 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. In the case of a certificate of deposit purchase, at least two other offers should be solicited to provide a comparison. When few, if any, banks wish to participate then staff may use another authorized investment of similar maturity for evaluation purposes. 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. 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 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 12 of 15 TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 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 a competitive process and evaluated on the following criteria: Qualified as a depository for public funds in accordance with state and local laws. 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 proposal form. Offered lowest net banking service cost, consistent with the ability to provide an appropriate level of service. Met credit worthiness and financial standards. B. Investment Broker/Dealers - If the City has not retained an investment advisor, then 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: 1. Financial condition, strength and capability to fulfill commitments. 2. Overall reputation with other broker/dealers or investors. 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). POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 13 of 15 TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 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: Received and reviewed the City's Investment Policy. 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. 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. 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 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 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: Direct obligations of the United States government. POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 14 of 15 TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 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. 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 Chief Financial Officer, or designee, as well as the City's independent auditors. XIH. 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 Page 15 of 15 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE [TITLE., INVESTMENT POLICY REFERENCE NUMBER: 403.06 - Control of Collusion - Separation of duties - Separation of transaction authority between 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 sAlegal\our documents\resolutions\10\beaujolais alcohol sell use this for 2010.doc RESOLUTION NO. 82010-041 A RESOLUTION ALLOWING THE DENTON COMMUNITY THEATRE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE BEAUJOLAIS ON NOVEMBER 18, 2010, 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 18, 2010; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Denton Community Theatre be the sole participant allowed to distribute/sell alcoholic beverages at the Beaujolais; 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. Denton Community Theatre shall be the sole participant allowed to distribute/sell alcoholic beverages at the Beaujolais on November 18, 2010 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. s:\legal\our documents\resolutions\10\beaujolais alcohol sell use this for 2010.doc 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 ~/f7,~lIZ/~~ .2010. ATTEST: JENNIFER WALTERS, CITY SECRETARY A ROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 of 2 cadocuments and settingslmbarrowllocal settings%temporary internet fileslo1k6a16eaujolais 2010 alcohol contract.doc CIVIC CENTER AGREEMENT FOR DENTON COMMUNITY THEATRE BEAUJOLAIS EVENT STATE OF TEXAS COUNTY OF DENTON This Agreement, made this 18 - day of fi-1 03f-lZ , 2010, by and between the City of Denton, a municipal corporation, hereinafter 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 18, 2010 to be held at the Civic Center. This privilege does not extend beyond the date of the BEAUJOLAIS for the year 2010. 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 ASSIGNABILITY 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. Beauj olais -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 THEAT~ has execZ=-, ent through its duly authorized undersigned officer on this the ,4' day of 2010. CITY OF DENTON, TEXAS GEORG C. CAMPBEL , CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: DENTON COMMUNITY THEATRE BY:~ -~t~- MIKE BARRO ANAGING DIR. WITNESS: BY: Beaujolais-Page 5 RESOLUTION S:1Legal\Our Documents\Resolutions110\Appraisal Review Board 2010.doc RESOLUTION NO. R2010-042 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, 2010; 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 JoAnne Bastian, John J. Greenslade, Garry M. Leach, Curtis L. Reese and Dorothy A. Truex 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 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY90 AP VED S TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: RESOLUTION sAlegahour documentslresolutions1101utility atmos intervene gud 10000 2010.docx RESOLUTION NO. R2010-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS (CITY), AUTHORIZING THE INTERVENTION AT THE RAILROAD COMMISSION OF TEXAS CONCERNING THE FILING FOR AN INCREASE IN RATES BY ATMOS PIPELINE - TEXAS; REQUIRING ATMOS PIPELINE TO REIMBURSE REASONABLE RATE CASE EXPENSES; AUTHORIZING THE RETENTION OF COUNSEL AND RATE CONSULTANTS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION WAS APPROVED COMPLIED WITH THE OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on or about September 17, 2010, Atmos Pipeline - Texas (APT or Company), a division of Atmos Energy Corporation, filed with the Railroad Commission of Texas ("RCT") a request to increase its city gate service (CGS) rates and its pipeline transportation (PT) rates; and WHEREAS, the APT's request will increase revenues by approximately $38.9 million but because of the manner in which APT proposes to recover the increase from its wholesale customers, rates APT charges to Atmos Energy Corporation - Mid-Tex Division, will increase by about $43 million, which represents an increase of approximately 41.2% in the CGS rate, which will ultimately be recovered from retail customers; and WHEREAS, APT is requesting a return on equity of 12.75%, which is materially higher than any utility has requested or that the RCT has approved; and WHEREAS, APT seeks formal approval of certain investments made under the Gas Utility Regulatory Act (GURA), § 104.301, often referred to as the "GRIP Statute," in the amount of about $482 million for expenditures made during the period of January 2003 through March 2010; and WHEREAS, several accounting adjustments during that time period related to APT's operation and maintenance expenses that APT proposes, require detailed examination; and WHEREAS, APT is part of a larger corporation, which raises numerous issues regarding APT's affiliate transactions; and WHEREAS, utility law is a complex area of law requiring specialized expertise in the examination of APT's books and records; and WHEREAS, given that APT has proposed an October 22, 2010 effective date for this increase it is important to act promptly to intervene at the Railroad Commission of Texas; and WHEREAS, the City has participated as a member of a coalition of cities known as the Atmos Texas Municipalities (ATM) in matters regarding Atmos Mid-Texas and has benefitted from its participation and membership in such coalition; NOW, THEREFORE, sAlegal\our documents\resolutions\10\utility atmos intervene gud 10000 2010.docx THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the statements and findings set out in the preamble to this resolution are hereby in all things approved and adopted. SECTION 2. That subject to the right to terminate employment at any time, the City employs the Herrera & Boyle law firm to represent the City in Railroad Commission GUD Docket No. 10000 and with regard to any administrative proceedings or court actions related thereto, and the City authorizes counsel to employ, with the approval of the ATM Steering Committee, such rate experts as are necessary to assist them with regard to the review, investigation and possible filing of testimony in GUD Docket No. 10000. SECTION 3. The City authorizes counsel to intervene on behalf of the City in GUD Docket No. 10000. SECTION 4. Atmos shall on a monthly basis reimburse the City, by payment to the designated City representing ATM for this purpose, for the reasonable costs of attorneys and consultants and expenses related thereto as provided in Texas Utility Code, Section 103.022, upon the presentation of invoices reviewed by the Steering Committee. SECTION 5. 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 6. This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED this the ~lav of_ lAomk4,1 , 2010. MARK A. BURROLT/GHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AP OVED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: RESOLUTION \\codad\departments\legallour documents\resolutions\10\txdot improvements to i35e.doc RESOLUTION NO. R2010-044 A RESOLUTION OF THE CITY OF DENTON, TEXAS REQUESTING IMPROVEMENTS TO INTERSTATE 35 EAST AS DESIGNED BY THE TEXAS DEPARTMENT OF TRANSPORTATION TO BE FULLY FUNDED AND IMPLEMENTED FOR THE FULL PROJECT LENGTH FROM INTERSTATE HIGHWAY 635 IN DALLAS COUNTY TO U.S. HIGHWAY 380 IN DENTON COUNTY; AND PROVIDING AND EFFECTIVE DATE. WHEREAS, the interstate highway system in Texas has a positive economic impact and Interstate Highway 35 ("I-35") in particular has become one of the nation's most important interstate routes due to international trade and commerce; and WHEREAS, traffic volume has increased geometrically as cities along I-35 grew and became economic centers of national importance; and WHEREAS, Interstate Highway 35 East ("I-35E") has been designated as an international trade route for commerce known as the NAFTA Superhighway; and WHEREAS, I-35 was an original Interstate Highway and approved by the Texas State Highway Commission in 1962 that was 492 miles in length; and WHEREAS, I-35 has been designated by the United States Congress as a National High Priority Corridor - Corridor 23; and WHEREAS, the segment of I-35E from Interstate Highway 635 in Dallas to U.S. Highway 380 in Denton is approximately 28 miles in length with an average daily vehicle count of between 175,000 and 200,000 vehicles; and WHEREAS, the 2030 traffic projections show traffic will exceed 330,000 vehicles per day in the most congested areas of 1-35E; and WHEREAS, the use of managed toll lanes on I-35E has already been authorized by the Federal Highway Administration ("FHWA") through approval of an Express Lane Demonstration Program entered into between TxDOT and FHWA on September 30, 2009; and WHEREAS, the current Design Schematics and Interstate Access Justification for I-35E were approved by FHWA on October 28, 2009; and WHEREAS, the current design plans for I-35E provides for the construction of four general purpose lanes and three access road lanes in each direction, which when combined are a total of fourteen (14) lanes, for which no toll will be assessed; and WHEREAS, the capacity for the I-35E general purpose lanes and access lanes will be enhanced with the inclusion of two managed toll lanes in each direction where the managed lanes are a critical component to obtain financing necessary to complete development of the project; and WHEREAS, there has been significant public involvement during the development of the 1-3 5E design process, including multiple public meetings and forums; and WHEREAS, TxDOT has over the past ten years worked closely with local elected officials, stakeholders, and communities of interest along I-35 on the planned improvements; and WHEREAS, the total cost of the project which is divided into three segments covering 28 miles, is projected to be $4.4 billion; and WHEREAS, Denton County has pledged its Regional Toll Revenue in the amount of $535 million, in addition to voter approved County Road Bond funds in the amount of $55 million, to help finance the completion of the entire I-35E project; and WHEREAS, local officials understand the need for and support the inclusion of managed lanes in the congested I-35E corridor; and WHEREAS, the completion of I-35E with the "pay as you go" appropriation method utilizing motor fuel tax revenue could delay implementation of the project for an additional 20- 30 years; and WHEREAS, staged construction of I-35E, utilizing innovative financing mechanisms, including public private partnerships, remains the only viable alternative to complete the construction of I-35E within a time horizon of 5-7 years; and WHEREAS, I-35E public hearings are scheduled for the Fall of 2010 with environmental clearance and the issuance of a Finding of No Significant Impact expected in the first quarter of 2011; 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 Council supports the proposed TxDOT schematic and design of 1-3 5E from Interstate Highway 635 to U. S. Highway 380, which incorporates managed toll lanes. SECTION 3: The City Council supports the authorization of innovative funding concepts, public private partnerships and other funding alternatives which can be implemented by reauthorizing TxDOT to enter into contracts with private sector partners to complete I-35E, as designed, in 5-7 years. SECTION 4: The City Council joins with the other political subdivisions adjacent to and along the I-35E corridor to request and support the statutory authority for TxDOT to enter into public private partnerships, as previously authorized by statute, for the purpose of seeking competitive proposals and awarding the construction of the designed improvements for I-35E. SECTION 5. The City Council supports the expedited consideration of reauthorization for TxDOT to enter into public private partnerships with an effective date in the first quarter of calendar year 2011 to facilitate an early issuance of requests for proposals to accelerate the initiation of the needed improvements for I-35E. SECTION 6: This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of '2010. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: RESOLUTION sAlegahour documentsVesolutionsUftnimal care and adoption.doc RESOLUTION NO. R2010-045 A RESOLUTION NAMING THE CITY OF DENTON ANIMAL CARE AND ADOPTION CENTER; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has identified a need to construct a new Animal Care and Adoption Center which will serve the public interests by providing enhanced care for animals that are abandoned or picked up by animal control officers in the City of Denton; and WHEREAS, the City of Denton desires to place for adoption as many animals as possible and believes that improved facilities for pet viewing and familiarization will improve adoption rates; and WHEREAS, the new facility is to be funded by both public funds and private donations; and WHEREAS, a particular benefactor, displaying great compassion and concern for animals, and desiring that the possibility for adoption by a caring family will be enhanced by an excellent pet-friendly facility; and WHEREAS, this benefactor has dedicated a large sum of money toward the Care and Adoption Center; and WHEREAS, the City of Denton, by and through the City Council of the City, desires to express gratitude for the generous contribution by this benefactor and to honor said benefactor's contribution by naming the Care and Adoption Center after this benefactor; and WHEREAS, the City Council deems it in the public interest to name the Animal Care and Adoption Center at this time; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton Animal Care and Adoption Center (the "Center") is now and hereafter, subject to the terms hereof, named the "Linda McNatt Animal Care and Adoption Center." SECTION 2. This Resolution shall become effective immediately upon its passage and approval. However, in the event the above-described benefactor shall fail to provide all payments as prescribed by contract by and between such benefactor and the Denton Animal Shelter Foundation, Inc., attached hereto, as such contract provides as of the date of this Resolution, (i) this Resolution shall be null and void; (ii) the name of the Center shall revert to the name thereof prior to this Resolution; and (iii) the Center shall be subject to renaming by the City of Denton in accordance with then existing policies and procedures. SECTION 3. The City is directed to post signage consistent with this Resolution upon the occasion of ground breaking for the Denton Animal Care and Adoption Center. sAlegahour documents\resolutions\10\animal care and adoption.doc PASSED AND APPROVED this the J day of kwz '2010. MARK A~BURKOUGM. MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 6 o~ APPR VEDA PrO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: . A Page 2 AGREEMENT PARTIES This Agreement is by and between James L. McNatt, hereinafter called the DONOR, and Denton Animal Shelter Foundation, Inc., hereinafter called DASF. AGREEMENT 1. DONOR, intending to be legally bound, hereby irrevocably pledges and promises through this Agreement to make gifts totaling $500,000 for the benefit of DASF. DASF, intending to be legally bound, through this Agreement hereby irrevocably (i) grants to DONOR the exclusive right to name the exterior of the new Denton animal shelter facility, such name being subject to the approval of the Denton City Council, (the "Naming Right', and such facility to be located at Riney Road and North Elm Street/Highway 77, Denton, Texas, or such other location as determined by DASF and/or the City of Denton (the "Facility"); and (ii) agrees to display a lighted photograph or painting of Linda McNatt, DONOR's wife, and her pets in the lobby of the Facility, such photograph or painting to be supplied by DONOR and to be no larger than 26" wide by 32" high, including the frame. DONOR will make payments in satisfaction of this $500,000 pledged in Paragraph 1 above according to the following payment schedule: Payment: Amount: Due Date: Payment 1 $100,000 upon signing this Agreement Payment 2 $100,000 on or before October 1, 2011 Payment 3 $100,000 on or before October 1, 2012 Payment 4 $50,000 on or before October 1, 2013 Payment 5 $50,000 on or before October 1, 2014 Payment 6 $50,000 on or before October 1, 2015 Payment 7 $50,000 on or before October 1, 2016 4. The Naming Right granted to DONOR herein shall apply exclusively to the Facility's exterior signage located on the Facility structure itself and to any exterior signs identifying the Facility which are located on the Facility grounds spanning from the Facility to the Facility parking lot. DONOR acknowledges that the Naming Right shall not extend to the interior of the Facility nor to any exterior signs which are located on property under the control of the City of Denton or any person or entity other than DASF. DASF acknowledges that the Naming Right for the Facility's exterior signage shall be exclusive to DONOR and no names, other than the Name (as defined herein) selected by DONOR and approved by the Denton City Council, shall be placed on the Facility's exterior signage. DASF acknowledges that the Name shall be placed on the Facility's exterior signage in perpetuity and regardless of the location of the Facility. In the event that DASF has to reconstruct the Facility and/or opens the Facility in a new location, the Name shall follow the Facility. 5. DONOR's proposed name for the Facility is "Tile Linda McNatt Animal Care and Adoption Center" (the "Name"), DONOR acknowledges that the Name must be approved by the Denton City Council. However, once the Name is approved, it shall not be changed without DONOR'S consent, nor shall any other name be displayed upon the exterior of the Facility. 6. In the event that the Denton City Council does not approve the Name, or the construction of the new Facility is not completed, or the Facility does not become operational, DONOR # may unilaterally elect to treat this Agreement as null and void, in which case DONOR shall be released from his obligations hereunder, and any payments donated to DASF hereunder shall be refunded to DONOR (or his estate) in the entirety within thirty (30) calendar days upon written request by DONOR (or DONOR's estate). 7. In the event of DONOR's death, DONOR hereby binds his estate to his obligations under this Agreement such that his estate shall be responsible for the balance of the payment due under Paragraph 1, if any, and such balance, if any, shall be payable according to the payment schedule in Paragraph 3. By way of an example, if DONOR's death occurs in 2014, his estate shall (a) remit Payment 5 in the amount of $50,000.00, if not already paid prior to DONOR's death, on or before October 1, 2014; (b) remit Payment 6 in the amount of $50,000.00 on or before October 1, 2015; and (c) remit Payment 7 on or before October 1, 2016. Notwithstanding the foregoing, however, nothing herein shall preclude DONOR's estate from pre-paying the balance of the payment due under Paragraph 1, if any. 8. This Agreement shall be binding upon DONOR, its successors and assigns, and upon DASF, its successors and assigns. 9. This Agreement confers no rights on third parties and shall not be construed to provide 1 benefits or guarantees respecting other services beyond those specifically mentioned above. IN WITNESS WHEREOF, the DONOR and DASF, by its duly authorized officer, in consideration of the covenants herein ogtained and intending to be legally bound hereby have caused this Agreement to be duly executed this q '0- day of k )p vent j~p.- , 20 /c> Witn sses; DONOR. .fame cNatt Page 2 Attest: Denton Animal Shelter Foundation, Inc. By: Bee erman Its. Chairman Page 3 RESOLUTION RESOLUTION NO. R2010-046 A RESOLUTION OF THE CITY OF DENTON, TEXAS, ADOPTING THE CITY OF DENTON'S 2011 STATE LEGISLATIVE PROGRAM FOR THE 82nd TEXAS LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 82nd Texas Legislature will commence in January 2011; and WHEREAS, appraisal caps, revenue caps, budgeting authority and revenue sources, and many other legislative issues affecting local government will be considered; and WHEREAS, the City of Denton desires to adopt its 2011 State Legislative Program for the 82nd Texas Legislature; NOW, THERFORE, THE COUNCIL OF THE CITY OF DENTON HERBY RESOLVES: SECTION 1. The City of Denton's 2011 State Legislative Program for the 82nd Texas Legislature is adopted as set forth herein and made a part of this resolution for all purposes. SECTION 2. The Mayor and City Council, City Manager and the City Attorney, or their designees shall communicate the items included in the 2011 State Legislative Program to members of the Texas Legislature. SECTION 3. The City Manager, or his designee, is directed to draft appropriate legislation, seek a sponsor, and actively pursue passage of such legislation by providing testimony from the Mayor and City council and City Staff and through other appropriate means. PASSED AND APPROVED this the 7th day of December 2010. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i,), APP VED AALEGALFORM: -JW ANITA BURGESS, CITY ATTORNEY BY: (L'~ L 2~ v- & r- - -c M U OU ,MAYOR OF DENJ'O'N Ttl.,.t #r %'TATF.,. L-E,G.IS.1, PROGRA,-N,-~i, 2011 City of Denton 2011 Legislative Agenda 82nd Texas Legislative Session City of Denton 2011 State Legislative Program December 7, 2010 Page 1 TABLE OF CONTENTS 1. City of Denton Mayor and Council Contact Information 2 II. City Manager, City Attorney and City Staff Contact Information 3 III. 2011 State Legislative Program Adopting Resolution 4 IV. General Legislative Policy 5 V. Priority Legislative Agenda 7 VI. Discussion of Priority Legislative Issues 8 VII. General Legislative Agenda 11 City of Denton 2011 State Legislative Program December 7, 2010 Page 2 Citv of Denton City Council Members Mailing Address for all of Council: 215 E. McKinney, Denton, TX 76201 The City Hall Phone number for Council - 940-349-7717 Mayor Mark Burroughs ark.burroughs(a~cityofdenton.com Mayor Pro Tem- At Large Place 5 Pete Kamp Pete.kamp(a~cityofdenton.com Council Member -District 1 Charlye Heggins Charlye.hegginsLckityofdenton.com Council Member - District 2 Dalton Gregory Dalton.gregor_ cityofdenton.com Council Member - District 3 Jim Engelbrecht Jim.engelbrechtLckityofdenton.com Council Member - District 4 Chris Watts Chris.watts(a~cityofdenton.com Council Member - At Large Place 6 James King James.kingLckityofdenton.com City of Denton 2011 State Legislative Program December 7, 2010 Page 3 City Manager, City Attorney and City Staff The Denton City Council and staff are glad to provide information, research issues and testify on the City of Denton legislative issues. George Campbell City Manager 940-349-8306 george.campbell a~cityofdenton.com Howard Martin Assistant City Manager 940-349-8232 howard.martin a~cityofdenton.com Fred Greene Assistant City Manager 940-349-8232 fred.greene a~cityofdenton.com Lindsey Baker Assistant to the City Manager 940-349-8234 lindsey.baker a~cityofdenton.com Anita Burgess City Attorney 940-349-8336 anita. burgess a~cityofdenton.com Jon Fortune Assistant City Manager 940-349-8535 jon.fortune a~cityofdenton.com John Cabrales Jr. Intergovernmental Relations Officer 940-349-8509 john.cabrales a~cityofdenton.com City of Denton 2011 State Legislative Program December 7, 2010 Page 4 RESOLUTION NO. R2010-046 A RESOLUTION OF THE CITY OF DENTON, TEXAS, ADOPTING THE CITY OF DENTON'S 2011 STATE LEGISLATIVE PROGRAM FOR THE 82nd TEXAS LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 82nd Texas Legislature will commence in January 2011; and WHEREAS, appraisal caps, revenue caps, budgeting authority and revenue sources, and many other legislative issues affecting local government will be considered; and WHEREAS, the City of Denton desires to adopt its 2011 State Legislative Program for the 82nd Texas Legislature; NOW, THERFORE, THE COUNCIL OF THE CITY OF DENTON HERBY RESOLVES: SECTION 1. The City of Denton's 2011 State Legislative Program for the 82nd Texas Legislature is adopted as set forth herein and made a part of this resolution for all purposes. SECTION 2. The Mayor and City Council, City Manager and the City Attorney, or their designees shall communicate the items included in the 2011 State Legislative Program to members of the Texas Legislature. SECTION 3. The City Manager, or his designee, is directed to draft appropriate legislation, seek a sponsor, and actively pursue passage of such legislation by providing testimony from the Mayor and City council and City Staff and through other appropriate means. PASSED AND APPROVED this the 7th day of December 2010. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i,), APP VED AALEGALFORM: -JW ANITA BURGESS, CITY ATTORNEY BY: (L'~ L 2~ v- & r- - -c M U OU ,MAYOR PRESERVE THE CITY'S STRATEGIC GOALS & INTERESTS STATEMENT OF PRESERVATION As a general policy, the City of Denton seeks to preserve its current authority to govern the city, its citizens, and its property. The City will oppose any legislation viewed as detrimental to the City's strategic goals; or that is contrary to the health, safety, and welfare of its citizens; or that mandates increased costs or loss of revenues; or that would diminish the fundamental authority of the City. SUPPORT LEGISLATION THAT AD DANCES THE CITY'S STRATEGIC GOALS & INTERESTS STATEMENT OF SUPPORT Likewise, the City supports any legislation viewed as advancing the City's strategic goals; or that improves the health, safety, and welfare of its citizens; or that responsibly increases revenues; or that advances the City's authority to conduct the public's business. The City will oppose any initiatives that seek to erode municipal authority or that otherwise have a negative impact on municipal operations, including but not limited to legislation that would: Erode home rule authority; Detrimentally affect the City's financial position by reducing revenue streams or increasing costs; Erode the authority of Texas cities to manage and control their rights-of-way or other public property and to be reasonably compensated for such use; Erode current municipal economic development authority; Erode the current authority of Texas cities to enact a system and set the level of impact fees for new development; and Further restrict cities' ability to adopt or amend zoning regulations, and annex property in a city's extraterritorial jurisdiction. FORM COALITIONS WITH PARTIES THAT SHARE COMMON GOALS AND INTERESTS WITH THE CITY FORM COALITIONS The City will form strategic partnerships with cities, political subdivisions, and private sector entities that share common goals with the City of Denton. Additionally, the City will work in coordination with organizations such as the Texas Municipal League when their adopted positions are in line with the legislative objectives and goals of the City. The formation of strategic partnerships and coordinated efforts is intended to provide the City with a stronger presence in the legislative process. GOALS OF THE CITY'S LEGISLTIVE ACTIVITIES STATEMENT OF GOALS City of Denton 2011 State Legislative Program December 7, 2010 Page 6 The fundamental goal of all City of Denton's legislative activities is to produce positive outcomes for the citizens of Denton as a whole. Numerous proposals in the Texas Legislature have the potential to seriously impact the ability of the City to carry out its overall mission. By taking a proactive role in monitoring and commenting on proposals in the Texas Legislature we are working to ensure that the citizens of Denton can continue to enjoy the quality of life they have come to expect and deserve. City of Denton 2011 State Legislative Program December 7, 2010 Page 7 PRIORITY LEGISLATIVE AGENDA PRIORITY LEGISLATIVE ISSUES 1. Preserve Local Budgeting Authority and Revenue Sources • 0z2,t?ose legislation that would unduly restrict the ability of the City to set its own budget or raise the necessary revenue to provide services to City residents and businesses. 2. Preserve Local Control of Land Use Planning and Zoning • Support legislation that preserves local land use authority. • 0z2,t?ose legislation that would erode local land use authority by restricting the ability of cities to zone or rezone properties. 3. Allow the authorization of innovative funding concepts to complete I-35E as designed Support legislation reauthorizing TxDOT to execute Public-Private Partnership agreements with a private sector contractor to complete I-35E, fi^om Interstate Highway 635 to U.S. State Highway 380, which incorporates managed toll lanes. City of Denton 2011 State Legislative Program December 7, 2010 Page 8 DISCUSSION OF PRIORITY LEGISLATIVE ISSUES Preserve Local Budgeting Authority and Revenue Sources The City of Denton will o ose legislation that will unduly restrict the ability of the City to set its own budget or wise the necessary revenue to provide services expected by City residents and businesses. ISSUE During the last several Texas Legislative Sessions, proposals have been set forth that would severely limit the ability of cities to set their budgets or raise adequate revenues to carryout their fundamental functions. For example, numerous proposals to "cap" local revenues and property appraisals have been filed in the Texas Legislature. Every elected official in the City of Denton is sensitive to the tax burden our citizens and businesses pay and is accountable to the local electorate for the decision they make. However, we are also mindful that it takes a great deal of flexibility with our local budget to meet the unique demands for services while at the same time preserving the high standards our community has come to expect. PROBLEM Appraisal and revenue caps undermine the ability of local governments to meet the individual needs and circumstances of their cities. Additionally, one size fits all "caps" violate the fundamental principle of local control. Citizens and businesses have numerous opportunities to provide input in to the City of Denton's budget and tax rate setting processes. Most importantly the citizens of our City get to voice their approval or disapproval of our budgeting performance and tax rates every time we hold a City election. Unfortunately, extremely low appraisal and revenue caps can produce numerous problems. For instance, appraisal caps shift the inequitable tax burden to businesses and new homeowners. This inequitable shift can produce serious long-term negative consequences for the local economy. Revenue caps on the other hand require the City to cut services or undertake on more debt to fund local projects and services. These types of "caps" are particularly harmful to a city like Denton because it prevents the City from adequately dealing with the infrastructure needs brought on by tremendous population growth. It is inappropriate for the State of Texas to expect local governments to provide numerous public services, with no funding from the State, while at the same time unduly restricting the ability of local governments to raise the necessary levels of revenue to provide the required services. SOLUTION If revenue caps are going to be applied to local governments they should be applied uniformly to the state budget as well. In short the same rules should apply to all levels of government. The State could also supplement local government funding as other states have done, who impose revenue caps. City of Denton 2011 State Legislative Program December 7, 2010 Page 9 Preserve Local Control of Land Use Planning and Zoning The City of Denton will su ort legislation that preserves local land use authority and oppose legislation that will erode local land use authority by restricting the ability of cities to zone or rezone properties. ISSUE Over the past few legislative sessions various proposals have been introduced to restrict the ability of cities to enforce their traditional land use controls. Specifically, legislation that requires cities to compensate landowners anytime a zoning classification change (often referred to as a "downzoning") have become dangerously close to becoming the law. Under these proposals cities would have to compensate landowners, even if the proposed zoning changes did not interfere with the current or intended use of the property. In addition to compensating landowners for zoning changes, proposals have been considered that would require compensation for numerous types of city regulations. For example, previously proposed legislation would have required cities to compensate landowners if they restricted the ability of patrons to smoke on premises or limited the time of day that alcohol could be served. All of these types of local restrictions have been debated under the theory of "regulatory takings." Additional legislative proposals would have prevented cities from ever changing the zoning classification of a property if any type of basic permit or site plan has been filed with any governmental entity. Since 1999 the Texas Legislature has continually expanded the "permit vesting" statute to include different aspects of city land use authority. The expansion of the "permit vesting" statute is beginning to interfere with the ability of cities to impose orderly, efficient, and comprehensive land use and development plans for their communities. PROBLEM Restricting the ability of cities to properly regulate land uses ultimately prevents them from being able to respond to the needs and demands of their citizens. For example, land use controls are used to keep undesirable businesses from locating in neighborhood type settings. Additionally, one of the main reasons people live in cities is to have the protection of a regulated land use system. In short when a home or business locates in a particular city they do so in part to ensure that an incompatible structure will not be placed next to their property. SOLUTION The ability of most cities to manage growth and development is based on the Texas constitution's home rule provisions. Cities are allowed to amend charters and pass ordinances as long as they do not conflict with the constitution or general laws enacted by the state legislature. This means that each home rule city can make its own decisions about what planning tools and techniques are most appropriate to its situation unless those tools have been proscribed by the Texas legislature. The State should be very cautious in proscribing solutions that are only applicable to individual situations because of the vast differences between cities in this large state. City of Denton 2011 State Legislative Program December 7, 2010 Page 10 Allow the authorization of innovative funding concel2ts for 1-35E The City of Denton will support legislation that would reauthorize TxDOT to execute Public- Private Partnership agreements with a private sector contractor to complete I-35E, ,coin Interstate Highway 635 to U.S. State Highway 380, which incorporates managed toll lanes. ISSUE Interstate Highway 35 East (1-35E) has become one of the most important interstate routes due to trade and commerce traffic. The segment of I-35E from Interstate Highway 635 in Dallas to U.S. Highway 380 in Denton is approximately 28 miles in length with an average daily vehicle count between 175,000 and 200,000 vehicles per day. The 2030 traffic projections show traffic will exceed 330,000 vehicles per day in the most congested areas of I-35E. The use of managed toll lanes on I-35E has been authorized by the Federal Highway Administration ("FHWA") through approval of an Express Lane Demonstration Program entered into between TxDOT and FHWA on September 30, 2009. The current design plans for I-35E provide for the construction of four general purpose lanes and three access road lanes in each direction, for a total of fourteen lanes for which no toll will be assessed. The capacity for the I-35E general purpose lanes and access lanes will be enhanced with the inclusion of two managed lanes in each direction and they will provide necessary financing for the complete development of the project. There are no issues associated with "non compete" clauses in this design plan since the developer would be required to build the free flowing lanes directly adjacent to the managed lanes as a part of the project. Significant public involvement has occurred during the development of the I-35E design process including multiple public meetings and forums. The total cost of the project which is divided into three segments covering 28 miles, is projected to be $4.4 billion. Denton County has pledged its share of Regional Toll Revenue in the amount of $535 million in addition to voter approved County Road Bonds in the amount of $55 million toward the completion of the entire I-35E project. PROBLEM There are currently no significant state or federal funds allocated towards the expansion of this section of I-35E to alleviate current and future projected traffic congestion. The completion of I-35E with the "pay as you go" appropriation method with motor fuel tax revenue could delay implementation of the project for an additional 20-30 years. The stage and construction of I-35E, utilizing innovative financing mechanisms, including entering into Public-Private Partnerships, is the only viable alternative to complete the construction of I-35E within a time horizon of 5-7 years. The I-35E public hearings are scheduled for the Fall of 2010 with environmental clearance and the issuance of a Finding of No Significant Impact expected in the first quarter of 2011. SOLUTION The City supports the proposed TxDOT schematic and design of I-35E from Interstate Highway 635 to U.S. State Highway 380, which incorporates managed lanes. Legislative authorization is needed to allow TxDOT to use innovative funding concepts, such as Public-Private Partnership agreements with a private sector contractor, in order to complete I-35E as designed in 5-7 years. City of Denton 2011 State Legislative Program December 7, 2010 Page I I GENERAL LEGISLATIVE AGENDA Revenue and Taxation • Support legislation that would require mandatory disclosure of real estate sales prices. • Oppose legislation that would lengthen or broaden the scope of the current sales tax holiday. Oppose any legislation that would impose a sales tax holiday for textbooks. • Oppose legislation that would restrict the ability of cities to impose and collect municipal impact fees from new developments. Land Use and Resources • Support legislation that would provide municipalities the authority to regulate and enforce zoning, building codes, and property maintenance codes within extraterritorial jurisdictions (ETJ). • Support legislation that would address the failure of utility companies to relocate their facilities in a timely manner as required by current law. • Oppose legislation that would seek to erode local regulation of mineral development within the corporate limits of a municipality. • Oppose legislation that would reduce a municipal authority and discretion to approve the creation of a special district within a city's incorporated area or ETJ, including the expansion of a district's boundaries or powers. • Oppose legislation that would erode city annexation authority. • Oppose legislation that will reduce or eliminate development fees, exactions or building permits. • Oppose legislation that will restrict cities' ability to adopt or amend zoning regulations, or vest or otherwise create a property right in a zoning classification. Utilities • Support legislation that will preserve Congestion Revenue Rights (PCRRs) assigned to municipal utilities in exchange for supporting the nodal market construct. Support legislation that preserves the Self Regulation of Municipal Electric Utilities. • Support legislation that protects the ability of governmental entities to maintain confidentiality of certain critical documents and activities. City of Denton 2011 State Legislative Program December 7, 2010 Page 12 • Support legislation that requires market participants and Retail Electric Providers (REPs) to be properly capitalized before they are allowed to participate in the ERCOT market. • Support legislation that requires more stringent credit requirements for the startup of Retail Electric Providers (REPs). • Oppose legislation that requires municipal electric utilities to pay uplifted charges for those ERCOT Retail Electric Providers (REP) that declare bankruptcy or for any other ERCOT short pay charges. • Oppose legislation that would extend electric subsidies provided by municipal utilities to four-year state universities, upper level institutions, Texas state technical colleges or liberal arts colleges. Oppose legislation that exempts any further exemptions to the drainage fee. • Oppose any legislation that would limit or prohibit a city's ability to make and sell compost/mulch products, inside and outside of the city limits. • Oppose any legislation that will increase ERCOT Fees. Transportation • Support legislation that would constitutionally protect all revenues in Fund 6 and discontinue the diversion of transportation revenues to non-transportation purposes, and appropriate all revenues from highway user fees and taxes to fund transportation. • Support legislation that would index the motor fuels tax to reduce the decline in purchase power of transportation funding. • Oppose legislation that would create a Regional Mobility Authority in the four county area of North Central Texas including Dallas, Denton, Collin and Tarrant Counties for the purpose of administering funds received through revenue sharing agreements. • Support legislation that directly benefits Denton County Transportation Authority, if such proposals do not adversely affect the city's interest. Public Safety • Support legislation that would require 100 percent reimbursement of costs incurred by cities for services provided during emergency evacuation and shelter operations resulting from an emergency evacuation ordered by the governor or the governor's Division of Emergency Management. City of Denton 2011 State Legislative Program December 7, 2010 Page 13 Oppose legislation that further restricts a city's ability to implement a photographic red light enforcement system to use cameras at traffic lights and impose a civil penalty for running the light. • Support a bill that applies to a fire department employee employed by a municipality with a population of 100,000 or more providing civil service status for a previously non- classified fire department employee who serves in a position described by Section 143.003 (4) (B), (D), (G), or (J). General Government • Support legislation that heightens environmental standards, improves air and water quality and protects the health, safety, and welfare of Texans. • Support legislation that would exempt cities from any federal collective bargaining legislation that may become law in the future. • Support legislation amending Section 11.1825 of the Tax Code by adding that community housing development organizations (CHDOs) must receive an exemption from taxation from any affected municipality prior to receiving a tax exempt status from the local property appraisal district. • Support legislation that directly benefits UNT and/or TWU, if such proposals do not adversely affect the city's interest. • Support legislation that directly benefits Denton ISD, if such proposals do not adversely affect the city's interest. City of Denton 2011 State Legislative Program December 7, 2010 Page 14 RESOLUTION sAlegahour documentslresolutionsllMoppose legislation.docx RESOLUTION NO. R2010-047 A RESOLUTION OF THE CITY OF DENTON, TEXAS, OPPOSING LEGISLATIVE CURTAILMENT OF MUNICIPAL REGULATORY AUTHORITY OVER MINERAL PRODUCTION, EXPLORATION AND DEVELOPMENT WITHIN ITS CORPORATE LIMITS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, is a home rule municipality located in Denton County; and WHEREAS, over the past decade mineral development in the Barnett Shale region of North Texas has been prolific and fast-paced; and WHEREAS, North Texas municipalities have responded to the rapid development of natural gas by working diligently to produce regulations that balance the interests of operators with those of the residents of their communities; and WHEREAS, local government regulation of mineral development addresses local concerns about mineral development at a local level; and WHEREAS, in light of the foregoing, the City of Denton would respectfully oppose any proposed legislation that would seek to erode local regulation of mineral development within the corporate limits of a municipality; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas, hereby respectfully opposes any proposed legislation that would seek to erode local regulation of mineral development within the corporate limits of a municipality. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the `W#_iay of 2010. A.`liUR OUGHS,1MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: u APP VED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: M 'L_ ' -