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052722 Friday Staff Report „ City Manager's Office 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307 DENTON MEMORANDUM DATE: May 27, 2022 TO: The Honorable Mayor Hudspeth and Council Members FROM: Sara Hensley, City Manager SUBJECT: Staff Report I. Council Schedule Meetings 1. Memorial Day Holiday—Monday, May 30, 2022 2. Agenda Committee on Thursday, June 2, 2022, at 8:00 a.m. in the City Hall Conference Room. 3. Cancelled - Downtown Economic Development Committee on Thursday, June 2, 2022, at 8:30 a.m. at the Development Service Center. 4. Public Art Committee on Thursday, June 2, 2022, at 4:00 p.m. in the Civic Center Community Room. II. General Information & Status Update A. Denton Nonprofit Collaborative —At the direction of the City Manager, Community Services convened nonprofits serving City of Denton residents May 6, 2022, to increase shared learning opportunities, open up stronger lines of communication, stay updated on available resources and identify gaps for better problem-solving. A summary of the inaugural meeting of the Denton Nonprofit Collaborative are attached. The next meeting will be Friday, July 15 at 1 p.m. at the Development Service Center (401 N. Elm). Staff Contact: Courtney Douangdara, Community Services B. Distribution of Medicare for All Resolution — On May 17, the Denton City Council adopted a resolution endorsing the Medicare for All Act of 2021. The resolution urged legislators at the state and federal levels to expand health insurance coverage to provide comprehensive coverage to every resident of the United States without any cost-sharing. The resolution also directed City staff to provide a copy of the resolution to all federal and state legislators whose electorate includes residents of the City of Denton. As of May 27, the resolution has been distributed to the entirety of the City OUR CORE VALUES Integrity • Fiscal Responsibility • Inclusion • Transparency • Outstanding Customer Service of Denton's federal and state legislative delegation. Staff contact: Ryan Adams, City Manager's Office C. New Council Member Resources—Each year,staff compiles information to assist new Council members as they become acquainted with their role. Resources for this year include the 2022 City Council Reference Guide which provides information on departments, directors, and important policies and statutes. Additionally, during initial meetings with new Council members,staff provides a presentation that provides additional information on topics that include 2-minute policy pitches, key staff, and the budget process. Both documents are attached to this report. Staff contact: Ryan Adams, City Manager's Office D. Denton County Hazard Mitigation Plan — Emergency Management is coordinating with various city departments in the planning effort for the Denton County 2022 Hazard Mitigation Plan. The goal of the Hazard Mitigation Plan is to minimize or eliminate the long-term risk to human life and property from known hazards by identifying and implementing cost-effective mitigation actions. Mitigation is defined by the Federal Emergency Management Agency (FEMA) as sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. Denton County has hired H2O Partners to facilitate a four-phase planning project with an estimated completion date of December 2022. An updated Hazard Mitigation Plan will allow the City of Denton to leverage FEMA funding for approved mitigation projects. Staff contact: Bob Martinez, Fire E. City Receives TxDOT Green Ribbon Funding — The Texas Department of Transportation(TxDOT) has approved Green Ribbon Program funding in the amount of$400,000 for landscape improvements to US 377 from Roselawn Dr. to Country Club Rd. The funds will be available in fiscal year 2022-23.. TxDOT provides Green Ribbon funding to help cities improve the visual character of highway corridors and minimize the negative impacts of air pollution by planting trees and shrubs. These enhancements improve air quality, provide traffic calming effects and reduce the urban heat island effect. The species planted will include Texas native or adaptive species appropriate to the harsh environment along and within roadways. Upon completion of landscape improvements to this portion of US 377, there will be an estimated addition of 42 large canopy trees, 39 small canopy trees and 258 shrubs and grasses as well as wildflower seeding. Staff contact: Jason Donnell, Parks and Recreation F. Kiwanis Fireworks Event—The Kiwanis Club has hosted an annual July 4th fireworks event for over 40 years. For the last several years, the event has been held at UNT's Apogee Stadium. The Kiwanis no longer have access to use Apogee, and in 2021, the Kiwanis proposed to use C. H. Collins as their event site. The request was denied due to safety concerns raised by Denton Fire and Police.. The Kiwanis contacted the City in in 2021 to begin the planning process for an alternative site.. Working together, Parks staff, members of the Kiwanis Club, and Denton Fire and PD, determined that North Lakes Park was the most viable site for the event due to the large open space, plentiful parking, and easy ingress and egress from multiple points. This year's 4t'of July fireworks event will take place on Sunday,July 3,2022.Parking will open at 7 p.m. Fireworks will begin at 9:30 p.m. with an anticipated end time of 2 10:00 p.m. The Kiwanis club is currently working with the Special Event staff to secure all necessary permits and public safety measures. The Kiwanis club receives HOT (Hotel Occupancy Tax) funds and sponsorship funds from the City to offset costs for the event. Due to event venue changes, the Kiwanis Club will be requesting additional funding through the co-sponsorship process.. This item will be considered by Council on June 7, 2022. Staff Contact: Nikki Sassenus, Parks and Recreation G. Senior Center Temporary Closure — The Denton Senior Center will soon have repair work done to flooring in the Multipurpose and Fitness Rooms and will be closed from Friday, May 27 to Tuesday, May 31. The parquet flooring in the Multipurpose room will be sanded and sealed,with the sealant requiring a period of 72 hours without foot traffic to seal most effectively. In the Fitness Room, rubber flooring will be replaced. The Center will be closed Monday, May 30 for Memorial Day and will return to normal operating hours on Tuesday,May 31. Staff contact: Nicole Brasher, Parks and Recreation. H. Proclamations Webpage -In a previous Friday Report, staff notified the Council of its intention to create a webpage to streamline requests for Mayoral proclamations. This webpage will create a more efficient and easy-to-use experience for Council, community members, and organizations. Individuals can now visit www.cityofdenton.com/proclamations to learn more about proclamations and complete a simple proclamation request form. Staff contact: Jennifer Rainey, City Manager's Office I. City of Denton 2022 Action Plan for Housing and Community Development — The City of Denton's 2022 Action Plan for Housing and Community Development is available for citizen review from May 30 to June 28, 2022. The 2022 Action Plan is the City's annual application for federal funds from the U.S. Department of Housing and Urban Development (HUD). Funding available in Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), and local program income are $1,529,773. Citizens may review the plan, including a list of projects the City plans to undertake during the 2022 program year, online at www.cityofdenton.com/communitydevelopment. Comments may be submitted in writing to Community Development by mail (401 North Elm Street, Denton, TX 76201) fax (940-349-7753), email (CommunityDevelopment(a),cityofdenton.com), webform, or by phone (940-349-7726). Additionally, a public hearing will be held to receive citizen input during the June 7 Council meeting at 6:30 p.m. The attached flyer has also been circulated with Libraries and Parks for posting at public facilities. Staff Contact: Courtney Douangdara, Community Services J. New and Emerging Finance Director Pro rg am - Cassey Ogden, CFO, has completed a nine-month-long program for emerging municipal leaders at the North Central Texas Council of Governments(see attached letter).According to Mike Eastland,NCTCOG Executive Director "We believe it will be individuals like Cassandra that will help keep our region in the forefront of municipal leaders."We congratulate Cassey on this significant accomplishment and are fortunate to have her as a leader in the organization. Staff Contact; David Gaines, City Manager's Office 3 K. Splish Splash StoryTimes at Water Works Park—Denton Public Library and Denton Parks and Rec Aquatics annual partnership for Splish Splash StoryTime at Water Works Park is back this summer! Splish Splash StoryTimes are every Thursday at 11 a.m.,June 2 through July 21.Water park admission is waived for StoryTime attendees during the event. Participants must stay at the Children's Play Pool area and leave the park by 11:40 a.m. The event is open to children ages 1-5 accompanied by their caregivers. This is the 15th year that Splish Splash StoryTime combines the joy of reading with fun water activities. Approximately 2,000 children and caregivers participate in Splish Splash StoryTime each summer. Splish Splash StoryTime allows families to enjoy an early literacy program and interactive physical activities in a celebrated Denton community water park. Staff Contact: Jennifer Bekker, Director of Libraries Ir III. Responses to Council Member Requests for Information A. Individuals Sheltering Under DCTA Bridge - On May 19,Mayor Hudspeth expressed safety concerns over individuals sheltering under the Denton County Transit Authority bridge. The Homeless Outreach Team responded, however, when officers arrived at the location, they were unable to locate the individual whose belonging were stored under the bridge. Information for local resources were provided to another person and officers intend to check back daily until they make contact with all individuals. Staff contact: Megan Ball, Community Services B. Work Session Discussion on Gun Violence — In recent weeks, several Council members have expressed concern regarding shootings and/or gun violence in the City of Denton. On Friday, May 19, Chief Dixon distributed a letter to the Council outlining current steps the Denton Police Department is taking to address these events in the City. Staff will provide a more in-depth update to the Council and active shooter 4 training for the members of the Council. Staff contact: Ryan Adams, City Manager's Office C. A Walking Tour of Quakertown Park — On May 25, 2022, Council Member Byrd inquired about the event, A Waking Tour of Quakertown Park presented by Denton Transit Posting. This ticketed event is being advertised on social media as a walking tour of the park on May 28, 2022, at 7:00 p.m. Staff communicated this type of event is permissible with a special event permit, and as of Friday, May 27, 2022, event organizers have not contacted the City to initiate the permit process. Parks and Recreation staff will reach out to communicate all future events will need to obtain a special event permit. Staff Contact; Christine Taylor,City Manager's Office,and Gary Packan, Parks and Recreation D. On May 25, Mayor Hudspeth sent staff a concern from a resident regarding a street crew that hung a street sign incorrectly. Staff reached out and spoke with the resident to apologize and addressed the issue of the signs being hung incorrectly with staff. The error was the result of a relatively inexperienced staff member who will receive additional coaching and instruction. Staff contact: Daniel Kremer, Public Works IV. Information from the City Manager From time to time, I would like to share with the City Council local government- related resources that I find insightful, interesting, or timely. These may be studies, periodicals,reports,or web resources.My intent is to make the Council aware of broad perspectives and discussions and not to suggest any particular policy or service change. - Sara A. Mayor and Council Members: I read the wonderful article/poem attached in a recent issue of Public Management Magazine. I think we all would agree that now is the time to go hard on the issues and easy on the people. In addition, the poem really sums up what we all should strive for in our work as public servants. V. Upcoming Community Events and Meetings A. None VI. Attachments A. Denton Nonprofit Collaborative Meeting Summary....................................................7 B. 2022 City Council Member Orientation Presentation................................................11 C. 2022 City Council Reference Guide ..........................................................................32 D. 2022 Action Plan Public Notice Flyer......................................................................410 E. New and Emerging Finance Director Program - Cassey Ogden..............................411 F. Public Management Magazine Article.....................................................................412 VII. Informal Staff Reports A. 2022-032 CSWMS Completion and Implementation..............................................414 B. 2022-033 Boards and Commissions 2022 Screening and Appointment Process.....416 5 VIII. Council Information A. Council Requests for Information............................................................................717 B. Public Meeting Calendar..........................................................................................719 C. Draft Agenda for June 7...........................................................................................723 D. Future Work Session Items ......................................................................................736 E. Street Construction Report.......................................................................................738 6 IO CITY F DENTON DENTON NONPROFIT COLLABORATIVE Friday I May 6, 2022 1 1:00 p.m. Meeting Summary ATTENDEES • Total Registered: 91 • Total in Attendance: 70 • Organizations Represented: 34 AGENDA OVERVIEW • Welcome from the City Manager: Sara Hensley welcomed attendees and set the vision for the collaborative. • Introductions: City staff introduced themselves and polled the room to see which agencies were represented, populations they serve and services they provide. o Organizations Represented: ■ Alliance for the Protection of 0 Habitat for Humanity of Denton Children in Texas County ■ Casa of Denton County 0 Health Services of North Texas ■ Chamber of Commerce ■ Interfaith Ministries ■ City of Denton 0 Journey to Dream ■ Communities In Schools of North 0 Meals on Wheels of Denton County Texas 0 Opening Doors International Services ■ Denton Affordable Housing 0 Our Daily Bread Corporation 0 REACH OF DENTON ■ Denton Animal Support Foundation 0 Salvation Army ■ Denton Christian preschool 0 Serve Denton ■ Denton Community Food Center 0 Solutions of north Texas ■ Denton County Friends of the Family ■ Span ■ Denton County MHMR ■ The Village Church Denton ■ Direction 61:3 ■ Toys for Tots ■ Dream Thrive Success 0 United Way of Denton County ■ Explorium-Denton Children's 0 Valley Creek Church Museum 0 Woman to Woman Pregnancy ■ First Refuge Ministries Resource Center ■ Grace Like Rain/Giving Hope o Populations Served ■ Businesses and Nonprofits 0 Low-Income; Un/Underinsured ■ Children and Families(General) Households ■ Children and Families Engaged with CPS 0 People At-Risk of Homelessness and/or Foster Care 0 People Experiencing Homelessness ■ Food Insecure Households 0 People with Disabilities ■ People with Substance Use Disorder Page I 1 Denton Nonprofit Collaborative May 6,2022 7 ■ Pet Owners ■ Veterans ■ Seniors 0 Youth Entering/Aging Out of Foster ■ Survivors of Domestic Violence and Care Sexual Assault o Services Provided—Attendees reported providing hundreds of services which have been summarized below. ■ Affordable Housing E Mental Health/Counseling Services ■ Case Management 0 Mentoring ■ Court Advocacy 0 Preschool Education ■ Dental Services 0 Rental and Utility Assistance ■ Financial Coaching 0 Shelter ■ Food ■ Substance Use/Chemical ■ Health Care Services Dependency Treatment ■ Home Repair 0 Tax Prep ■ Homeless Outreach 0 Transportation ■ Information and Referral 0 Wrap Around Services ■ Medication/Medical Equipment Assistance • Survey Results: Staff reviewed results of the survey administered in March 2022, including the top five reported unmet service needs and top five resources needed to improve nonprofit operations (not including funding). o Top 5 Unmet Service Needs ■ Affordable Housing ■ Healthcare/Behavioral Healthcare for un/underinsured, low income ■ Mental health/counseling for children un/underinsured ■ Affordable Childcare ■ Public Transportation o Top 5 Resources to Improve Operations ■ Volunteers(Staff, Board, Mentors) ■ Human Resources(recruitment and/or retention; nonprofit skills) ■ Nonprofit Collaboration ■ Increased communication with City/Surrounding cities ■ Program/Service Promotion • Existing Collaboration Opportunities: Staff reviewed existing community coalitions and collaboratives: C7 Human Trafficking Coalition, Denton County Behavioral Health Leadership Team, Denton County Homeless Coalition, Denton County Homelessness Leadership Team, Denton County Veterans Coalition, Denton County Workforce Success Leadership Team, Denton Hunger Coalition, and Denton Together Coalition. • Resource Mapping: Staff engaged attendees in the below resource mapping activities. o Attendees were asked to rank the top five unmet service needs reported in the March 2022 survey. 1. Affordable Housing 2. Affordable Healthcare 3. Mental Health/Counseling Services 4. Affordable Childcare 5. Transportation Page 12 Denton Nonprofit Collaborative May 6,2022 8 o Attendees reported the below additional unmet service needs. Responses are summarized below in order of frequency(highest to lowest). ■ Substance use treatment/Detox 0 Affordable Dental/Vision Care ■ Foster care awareness/recruiting 0 Disability resources/benefits ■ Family Shelter(single fathers with navigation children; seniors) 0 Teen Shelter/Youth Services ■ Employment Navigation/Training E Affordable veterinary care/pet- ■ Mental Health/Resource inclusive housing Navigation 0 Living Wage Employment ■ Parent education/resources 0 Fresh Food Access ■ Access to technology/tech 0 Mobile Crisis Units assistance for senior 0 Transitional Housing o Attendees were asked to rank the top five resources for nonprofits to improve their operations reported in the March 2022 survey. 1. Volunteers(Staff, Board, Mentors) 2. Human Resources(recruitment/retention) 3. Nonprofit Collaboration Opportunities 4. Increased Communication with the City/surrounding cities 5. Assistance promoting programs and services o Attendees reported the below additional resources needed to improve operations: ■ Administrative/IT Support ■ Funding ■ Grant Writing Support ■ Office Space ■ Vehicle Maintenance o Staff asked a series of questions related to how the nonprofits in attendance were funded. ■ How are you funded? • Government Funding—62% • Foundation Funding—53% • Individual Donations—89% ■ Ranking high to low, how are you funded? 1. Individual Donations 2. Government Funding 3. Foundation Funding • Next Steps: Staff facilitated an open-ended discussion to gage organizational needs and determine next steps for the collaborative. A summary of comments and feedback received from attendees is included below. o Community Event Calendar to help plan fundraising efforts o More funding and increased communications for smaller/surrounding cities o Funding for smaller nonprofits o Real-time data sharing between organizations to 'take the onus' off the people they serve o Technology services share across organizations o Regular collaboration/meetings between nonprofits o Clarification of the intention of the collaborative to support different types of nonprofits (human services, cultural, etc.) o Engaging the Nonprofit Leadership Studies program at UNT Page 1 3 Denton Nonprofit Collaborative May 6,2022 9 o Mayor Hudspeth encouraged attendees to utilize citizen comment periods at the beginning of City Council meetings to share information about their organization and services they provide. o Future Meetings: Attendees voted to meet every other month on Fridays between 1pm and 5pm. Page 14 Denton Nonprofit Collaborative May 6,2022 10 CITY HALL CITY OF DENTli� �,,,� _ ' ,,�� ,; • _ -•� � ems. 0, — u • 1, em r _ _ entatio N •�' , _ Summer 202271 r_ Ilk • w1 !�!� t - - '•,�� - � � •mot /r Welcome to the Denton City Council ! • The City of Denton Charter was adopted in 1959 establishing Denton as a home-rule city meaning a city may do anything authorized by its charter that is not specifically prohibited or preempted by the Texas constitution or state or federal law. • Denton is a Council-Manager form of government to combine policy leadership of Elected Officials with the professional managerial experience of an appointed city manager. • City Council : Sets policy and priorities • City Manager: CEO, Manages day-to-day operations • Meetings (or communication of a quorum of Council) of the City Council are subject to the Texas Open Meetings Act. nor .[;�i�,��;�y„•�s` R � '. DENTON � `� City of Denton Leadership Team i Sara Hensley David Gaines Frank Dixon Christine Taylor City Manager Deputy City Manager Asst. City Manager Asst. City Manager Madison Rorschach Mack Reinwand Tyler Atkinson City Auditor City Attorney Municipal Judge DENTON .. .. F- �ffizens of Denton ... .. ........ due= City Attorney City Auditor Municipal Judge Board,Commissions. Mack Reirywand Madison Rorschach OEM Tyler Atkinson &Committees ...............................................................:........................................................._ _. . ..._......._ + 4 lil . i Deputy City Manager Assistant City Manager Assistant City Manager Chief of Staff DME Haman Resources Davic C,3nes Frank Daon Cirstx Taylor Ryan Adams Tony Puente T-�any Thorrson • • Risk Management Finance Police Parks and Recreation City Secretary C• ty Cassey Ogrk-.CFC Vxant Gary Packar. Rosa Rios Buoget&Accoun" PuRhasmp b GrantsFire?EMS Library Customer Service ,ce Ke -eth Hed?es Jennie-Bekker &Public Affairs •Municipal Court Ryan Acams Strategic Services Public Safety Water Utilities •Communicaoons Vacant Communications Stephen Gay •311 System 3uzar-te Kaletta Economic Development Solid Waste&Recycling Wayne Emerson Facilities 8 Airport Bran E -e-a~r ��s2422 SCOtt Gray Development Services Environmental Services 2--ot:McC<-ac Community Services &Sustainabiliry __ Dan,Shaw lhora-Gange Planning Peal Estate 'Moral Seneces 1 •building Inspections Technology Services D F NT O N Le,s^a M=n: Engineering/ Capital Projects Becky Divney CITY OF D E N T O N Public Works ORGANIZATIONAL CHART �r••a�.C�a 14 •Streety'TraficiDrainage Fleet 3erv�ces City Council Priorities and Work Plan (Visit the Council Priorities Webpa4e for More Info) • FY 21-22 Priorities • Develop and Implement ARP Funding and Programs • Improve Capital Project Planning and Communication • Update the City's Comprehensive Plan • Develop a Comprehensive Solid Waste Management Strategy • Develop an Affordable Housing Strategy • Continue COVID-19 Response • Finalize the Mobility Plan Update • Continue to Strengthen Homelessness Initiatives/Housing Crisis Response System • Council will Develop FY 22-23 Priorities at the June Council Retreat nor .I,�i�,� .• R � r. DENTON � `� FY 2022-23 Budget Cycle 0 • T March March-May June -July August September September Budget Budget City Council Budget Budget Workshop Public Adopt Budget, Kickoff Development Presentations Hearings CIP, tax rate and and Planning utility ra to s 16 CIP Budget Calendar Operating Budget Calendar Date Action Date Action December 10 CIP Budget Kick-off February 22-24 Operating Budget Kick-off January 21 Call for CIP Projects Due to Finance March 1-8 Budget Prep Workshops Available CIP Review Meetings — Operating Budgets Due February Departments & Finance March 25 (see checklist on pg. 21) March 15 CIP Revisions Due to Finance March 28 — April 8 Finance Review and Analysis March 16-31 Finance meeting with CIVIC) April 11 - 22 & Operating Budget Review Meetings — Executive Staff to prioritize projects. Departments & Finance April Budget staff draft CIP budget April 26 Final Revisions due to Finance document May Draft CIP budget document and preliminary supplemental list presented to CMO and Executive Staff June 7 & 28 June 7 — Electric Rate Discussion with Council June 28 - CIP Budget Work Session with Council July 19 Utility Budget Work Session with Council (PUB dates: May 23, June 13, July 11) August 6 Budget Workshop with City Council — departments present supplementals & are available to answer questions September 9/20 — Public Hearing on budget and tax rate. 9/27 - City Council adopts CIP and Operating budget for FY 2022-23, tax rate,7utility rates and other fee schedules Helpful Resources Cin Mauager's OBce 215 E Mrx nney St.Demers T\ DENTONCI IY 76 01•(940)349 8307 • Friday Report ),EMD11aADti1I - - Arm DATE: April 30.3011 , ENTON Delivered i ve red electronically ect ro n i ca I I y each �iia TO: The Honorable Mawr Hudspeth and Council Members • FROM: Sara Heasley Interrm Ci}Manager SUBJECT: StaHReport m Friday with organizational I. Councl5<hedule , A.Meetings updates and responses to 1 Committee uI r Environment Cem an Monday.Mn 3,Room at 9:00 a.m.ado aideottekconference in the City Comcil Wod Session Room 2. City Council Luncheon on Monday,May 3,I0:1,at L':00 p.m.aia Council Requests 3. %ideolteleconfer—m the City Council Wod Session Room Cancelled-Committee on Commuoitp Engagement on Tuesday.May!, 7� 2021.at 10:00 a.m.m the City Council Work Session Room, 3. Work Session of the City Council on Tuesday,May 1.3011.at I:00 p.m. t =y • Engage Denton it sm wed by a Regular Meeting at 6:30 p.m.c a ideotteleconference m he n / \ C Council Rork Sesn Room .sin^ wT s ;a 5. Cance9ec-Agenda Committee on 11 ednesdac.May 5,2021,at 1:30 p.m.m - the City Manager's Conference Room • For submitting resident's 6 2021.art Cade Review Committee Mra the it Cowing dap,May 5. 30:1.rt 11:00 a.m.wvideo/teleconference nthe City Council work Session Room service requests Work Sessionofthe Planning and Zoamg Conmusnon Meeting ae6:30 p.m. 51 IOlm at fore p.m.he Cued u a Regular wnRo m 6:30 p.m.via aideottekconference mthe City Council Work Session Room. I ` S. Cancelled - Downtown Economic Development Parmership Bond on (/ Thursday.May 6,'_021.at 8:30 a.m.ma video+teleconfesence m the Ci v • www.cityofdenton ■co 9 o Oaersiil W9>kghl Committee on p . Bond matitlee on Thursday,May 6.:OII L',at :00 m via aided teleconference m the City Council Work Session Room Public Meeting Archive °`R`°�`m-1�5 4 yQ 6 • Imegritv•Fiscal Responsrbility•Transparency•Outstanding Customer Smite ., _� .,„.,„........ ............_.. ,...a...... ......_ �....,..�.,.._ • Online Code of Ordinances OF - owl DENTON City Council Requests for Information • C Council Members can e-mail their request for information to CP(OGroup@)ci ofdenton .com. This allows staff to track the request to ensure accoun a i i and a timely response. • All Responses included in Friday Report • Service requests are encouraged to be entered into the En age Denton application to be directly routed to appropriate sta�f and to allow staff to communicate directly with the resident. • City Council Agenda questions — we encourage you to lease email agenda questions by Sunday evening to CMO Group. his helps us to better prepare any information in advance of the meeting . 4 CITY Fill 11 PIP V.0.","IrAld j Lo -1W MW a OF DENTON Two- Minute Pitch Process • Requests for a�policy/procedure change or requests that will take over 2-hours of staff time go through the two-minute pitch" process (Ordinance No. 21- 1837). • May request a work session, resolution/ordinance, or report • City Council agreed to a process to ensure there is a consensus of the City Council regarding the use of staff time when responding to requests. • Requesting Council Member has two minutes to present their information, and remaining Members have one minute each to respond . Staff will respond to all requests where a consensus of the Council is established . DENTON � `� City Council Meetings • Public comment available for Action Items: • Consent Agenda 9 Work Session • Individual Consideration, • Public Hearings * Proclamations Public Comments • Council meetings follow the Sec. 2-29 "Ci� . Consent Agenda Items Council Rules of Procedure and Roberts g Rules of Order, with the Mayor as Chair, or . public Hearings Mayor Pro Tern in the Mayor's absence. $ Individual • Additional terms are available in the "Meeting Consideration Items Terms & Definitions" section, and meeting schedule is available in the resource guide. * Concluding Items i DENTON Agenda Information Sheets a.. City of Dentontion.f �1�t:-At[rJMCV$trCer DENTON Denton.Tcaas w1a .cin'ofdenton—m Each agenda item for the City Council, AGENDA INFORMATION SHEET • DEPARTMENT: Procurement&Compliance D and each co m m ittee/boa rd/com mission DATE: Febtruary Gaines 022 SUBJECT meeting includes an "Agenda Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with McNeilus Financial.Inc.,dba McNeilus Truck and Manufacturing Co through the Houston-Galveston Area Council of Governments(H-GAC)Cooperative „ Purchasing Program Contract Number N RHO&20 for the purchase one(I)McNeilus Front Load Commercial Refuse Body Front Load truck.including mounting and repainting ainting of the truck cab for the Information Sheet. Solid Waste Department:and providing an effective date(File 7912 awarded to McNeilus Financial,Inc., dba McNeilus Truck and Manufacturing Co.in the not-to-exceed amount of$133,256.00)_ 1 N FORMA TIONBACKGROUND This request is for the purchase of one(1)McNeilus Front Load Commercial Refuse Body for the Solid Waste Department.The total cost of$133,256 includes a new McNeilus commercial front load body, delivered to the McNeilus shop in Hutchins Texas where the body will be mounted on an existing City refuse truck chassis. • This provides background information The department currently operates a chassis model Pe mileage with n er 31, Company manufactured front load body that needs replacing.The truck chassis has low mileage(under 31,000 miles)however.thebody needs replacement due to maintenance and repair issues causing excessive downtime_Fleet Services found this and relevant attachments past Co u n c I body type to C t poorly designed and deficient i terms of reliability and longevity. The I)aDee Manufacturing Company was subsequently sold,and this model front-load body is no longer in production, making parts availability for future repairs even more challenging when trying to maintain this truck for several more year& action, board/corn mission and staff Fleet Services received quotes from(3)three different manufacturers of front-load infuse truck bodies. McNeilus Truck and Manufacturing Company provided the lowest overall project cost.The removal and disposal of the current front load body.repainting ofthe existing 201 g model 520 truck cab(white to match) recommendations, and options to and installation the new body will cost an additional estimated .77. The cost of replacing is this refuse truck to include a new chassis s estimated at$345.000.The proposed remount option would save more than$201.800 over the replacement of the entire truck and reduce the consider for each item process by 6to 12 months. ■ Pricing obtained through the H-GAC Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. I O%F6=M I r DENTON Al Council Committee Participation • Council Committees • Agenda Committee (Mayor, Mayor Pro Tem, City Manager) • Committee on the Environment • Community Partnership Committee � • Mobility Committee Rosa Rios • Economic Development Committees City Secretary • Economic Development Partnership Board • Downtown TIRZ • West Park TIRZ • Various External Bodies DENTON � `� Boards and Commissions Appointments • Council Members may appoint members to boards and commissions when there are vacancies. • Quasi-Judicial Boards • Civil Service Commission • Health and Building Standards Commission • Historic Landmark Commission • Planning and Zoning Commission • Zoning Board of Adjustments • All other boards are advisory and make recommendations to Council nor .�;�i�,� �,•�` R � r. DENTON � `� Ethics Ordinance • A comprehensive ethics ordinance was ado p ted by the Denton City Council on May 1, 2018, and amended on June 2, 2020. • The ordinance sets guidelines for ethical behavior by City Officials includingthe Mayor and City Council, the City Manager, fitt orney, Auditor, unicipal Judge, certain Boards and Commissions, former City Officials, and vendors. • Ethics complaints are directed to the City Auditor and can be made online at www.cityofdenton.com/ethicsordinance. • The Board of Ethics is charged with the administration of the ordinance. I I 111,1111ojjjjj DENTON Ethics Ordinance Cont. • Key provisions of the ordinance include : • Defines a Conflict of Interest as any income or ownership in a business, or ownership of property over $600. • Requires that City Officials disclose, recuse themselves, and are prohibited to deliberate on matters when a Conflict of Interest exists. • City Officials are prohibited from accepting gifts over $50 and no more than $200 total per year. • Creates a Board of Ethics to hear complaints filed against City Officials for violations. • Creates penalties for those found to have violated the Ordinance up to a recommendation of suspension . C1T'Y DENTON City Council Travel • There is a limited travel budget for Council Members to attend elected official workshops, meetings, and conferences, such as Texas Municipal League or National League of Cities. • Some events take place in the North Texas area and others may be on a state or national level and require overnight travel . Funds are budgeted to offset the cost of attending these workshops, meetings, and conferences. • Staff in the City Manager's Office is available to make arrangements for any travel related to City business. • Travel policy and 2021 Conference schedule is available in the Resource Guide. DENTON Media Contact • The Public Information Officer (PI0) is primary contact responsible for communicating and coordinating with the media . , • The PIO is available to assist if you speak with the media . It may be helpful to notify. the PIO of the interview and the reporter's name and contact info if the PIO needs follow up with the reporter with any additional information. Stuart Birdseye Public Information Officer • The "Media Contact" section includes helpful suggestions for an interview. • The PIO coordinates public information during an emergency to ensure that timely, accurate, and consistent information is being provided to the community. DENTON Council Contingency Funds • Each Council district has a total of $ 1,700 allotted to contribute to a local non-profit community organization(s) . • These requests will be processed by staff, and the agreements and ordinances are approved by Council . • Staff reviewing process for these funds and will receive Council direction in work session scheduled for Aug . 7. nor .I,�i�,� ,• R � r. DENTON � `� Additional Information Provided • Inside your handbook, we have included some additional useful information including : • Introduction to Department Directors, the key items for their area, and organizational layout. • 2022 Open Meetings Handbook nor .I,�i�,� .• R � r. DENTON � `� Path Forward • We are here to be your resource ! If you have any questions or concerns, please do not hesitate to ask us. • DTV will provide meeting technology training, and Tech Services will provide equipment, e-mail access, etc. • New Council members are invited to set up one-on-one departmental meetings or take facility tours (such as the DEC, Treatment Plants, Landfill, etc.) nor :[;�i�,� ,• R � r. DENTON � `� —now 77 I g �ay��11 ��Y �► '' 1� r. �f CITY COUNCIL REFERENCE GUIDE 2022 - 2023 rg w , -lo Clv OF DENTON 1 COUNCIL MEMBER RESOURCE GUIDE Table of Contents General Information Home-Rule Cities......................................................................................................4 Council-Manager Form of Government...................................................................6 Council Member Responsibilities.............................................................................7 Open Government Training..........................................................................7 OpenMeetings Act.......................................................................................7 Public Information Act .................................................................................7 Conflict of Interest and Ethics ......................................................................8 Use of City Letterhead..................................................................................9 Council Member Requests for Information............................................................ 10 CouncilMeetings.................................................................................................... 15 Meeting Terms & Definitions..................................................................... 17 2021-2022 City Council Meeting Schedule................................................ 18 City Council Rules of Procedure ................................................................ 19 Travel .....................................................................................................................34 TravelPolicy...............................................................................................35 Affiliations and Conferences ......................................................................43 ConferenceSchedule ..................................................................................45 MediaContact.........................................................................................................46 Boards and Commissions Process .........................................................................47 City Organization Madison Rorschach, City Auditor..........................................................................48 Mack Reinwand, City Attorney..............................................................................50 Tyler Atkinson, Municipal Court Judge .................................................................52 CityCore Values.....................................................................................................53 City Organization Chart..........................................................................................54 SaraHensley, City Manager...................................................................................55 David Gaines, Deputy City Manager......................................................................56 Frank Dixon, Assistant City Manager ....................................................................57 Christine Taylor, Assistant City Manager ..............................................................58 FY 2022-2023 Council Priorities............................................................................59 Departments: Airport& Facilities ....................................................................................60 City Manager's Office ...............................................................................63 Capital Projects and Engineering................................................................68 CitySecretary .............................................................................................71 CommunityServices ..................................................................................75 Denton Municipal Electric..........................................................................80 Development Services ................................................................................83 Economic Development..............................................................................86 33 2 Environmental Services and Sustainability ................................................89 Finance........................................................................................................92 Fire.........................................................................................................95 Human Resources and Risk Management..................................................98 Library....................................................................................................... 102 Parks and Recreation................................................................................. 105 Police......................................................................................................... 109 PublicWorks............................................................................................. 112 Technology Services................................................................................. 116 Solid Waste and Recycling....................................................................... 119 WaterUtilities .......................................................................................... 122 Appendix Charter .................................................................................................................. 126 Ethics—Ordinance No. 20-1035........................................................................... 163 City Council Committees...................................................................................... 186 Boards and Commissions...................................................................................... 188 2022 Open Meetings Handbook...........................................................................229 30 Tips for Newly Elected Mayors or Councilmembers......................................374 The ABC's of a Successful First Term on City Council ......................................376 34 3 HOME-RULE CITIES The City of Denton Charter was adopted by voters at an election on February 24, 1959.The Charter established and determined that Denton,as a municipality,would be a home-rule city as designated in the State of Texas Constitution.The State of Texas Local Government Code,Article XI,Chapter 5, Section 5.004, Home-Rule Municipality reads: A municipality is a home-rule municipality if it operates under a municipal charter that has been adopted or amended as authorized by Article M,, Section 5, of the Texas Constitution. The basic concept of home-rule is that municipal government has the right to manage its own affairs at the local level with minimum interference from the state of Texas. The assumption is that problems should be handled at the lowest level, closest to the people. The home-rule city must still abide by the prohibitions of the state,but it has the inherent authority to undertake particular local functions that qualify as "public purpose" and are not contrary to the constitution or laws of the state. One of the inherent authorities granted to a home-rule city is the right to determine a government structure, provided that it is compliant with the federal Voting Rights Act. The citizens have the authority to determine the form of government and the manner in which representatives are elected. The City of Denton Charter provides for a Council-Manager form of government. The mayor is elected at-large and is not chosen from among the City Council. Two council members are elected at-large, and four members are elected from single-member districts. All council members serve two-year terms with a three-term limit. Home-rule cities also have inherent authority over land annexation. Until 2017, home-rule cities in Texas had the right to bring adjacent, unincorporated areas into the city with or without the permission of the landowner or residents of the area. However, in 2017, Governor Greg Abbott signed SB 6 into law. SB 6 requires landowner or voter approval of annexations in all counties with populations over 500,000. Citizens of home-rule cities are afforded several direct lawmaking tools. Initiative, referendum, and recall are inherent home-rule powers reserved exclusively for use by local voters in order to provide direct remedies in unusual situations. Initiative is the process whereby voters directly propose legislation, allowing citizens to circumvent the Council through direct ballot box action. This could be used for new ordinances that have wide community support, but upon which the Council refuses to act. The process requires a petition, which must meet standards outlined in the City Charter, followed by an adoption of the ordinance by the Council or an election on the ordinance. Referendum is the process for citizens to repeal existing ordinances if the Council refuses to rescind them of their own volition. The procedures for referendum are similar to those in the initiative process and are found in the City Charter. 35 4 Recall is the process by which local voters can remove a member of the elected body prior to the expiration of their term. This process, outlined in the City Charter, begins with the filing of an affidavit and circulation and presentation of a petition requesting the removal of the official. Charter amendments are another direct lawmaking tool, which are not reserved for, but can be used by local citizens. Under the Local Government Code, citizens can force the Council to hold a Charter amendment election by submitting a petition signed by five percent of the qualified voters or 20,000 people, whichever is less. Home-rule power does have some limitations. Home-rule cities must still obey the state's constitution and statutory requirements. They are prohibited from taking actions that circumvent the Texas Election Code. Local governments of home-rule cities may not act on any matter that has been pre-empted by the state; for example, the Texas Alcoholic Beverage Code's fixation of business hours for liquor stores could not be extended. A home-rule city may, however, act to further narrow imposed limitations by the state, such as reducing the state's tax rate ceiling of $2.50 per$100 valuation to $1.70 per$100 valuation for the local community as a provision of its charter. In the event that a conflict should occur between a state law and a local government ordinance or charter provision, the state law will prevail. The charter remains the most important document for a home-rule city. The Texas Municipal League recommends that elected officials read their city's charter immediately upon election to their office and review annually. The Denton City Charter includes the following components: • description of the City's governmental and proprietary powers; • provisions establishing the Council-Manager form of government and its legislative and judicial machinery(council members, city attorney and municipal judge); • organizational provisions establishing the administrative structure of the city government and the means for financing its operations; • provisions governing the procedures of the City Council and advisory boards and commissions; • procedures for granting franchises, assessing and collecting taxes, and conducting annexations; • popular controls over the city government such as elections, referenda, initiative, and recall; and • provisions relating to procedures for amending the City Charter. The City of Denton Charter can be viewed on the City of Denton website at www.cityofdenton.com. A copy of the City Charter is included in the appendix section of this manual. 36 5 COUNCIL-MANAGER FORM OF GOVERNMENT The City of Denton Charter was adopted by voters at an election on February 24, 1959. The Charter established and determined that Denton,as a home-rule municipality,would operate under the Council-Manager form of government. The Council-Manager form of government is used in many local governments, cities, and counties because it combines the political leadership of elected officials with the managerial experience of an appointed professional local government manager. The strength of this system lies in the maintenance of a representative system, with locally elected officials retaining the power to hire a professionally trained manager to oversee the delivery of public services. The council members in this form of government are the leaders and policy-makers elected to represent various segments of the community and concentrate on policy issues that are responsive to citizens' needs and wishes. As a legislative body, the council members are the community decision-makers. They approve the budget and determine the tax rate. The Council focuses on community goals, major projects, and long-term considerations such as community growth, land- use development, capital improvement plans, capital financing, and strategic planning. The city manager is appointed by the Council to serve the community through the professional administration of local government projects and programs. The city manager prepares the budget for the Council's consideration; recruits, hires, and supervises the local government staff, and serves as the Council's chief adviser by bringing forth objective information regarding policy matters. The manager makes policy recommendations to the Council, which the Council may adopt, modify, or reject. The mayor, in a Council-Manager form of government, is one of seven voting members of the Council and serves as the ceremonial head and policy leader. The mayor presides at meetings, serves as a spokesperson to the community, facilitates communication and understanding between elected officials, advocates policy decisions, assists the Council in setting goals, and serves as a promoter and defender of the community. In addition, the mayor serves as a key representative in intergovernmental relations. The mayor, the Council, and the city manager constitute a policy development and management team. Since its establishment in the early 1800s, the Council-Manager form of local government has become the most popular form of government in the United States for cities with populations of 2,500 or greater. In 2009,more than 3,500 cities with populations of 2,500 or more operated under the Council-Manager form of local government. Almost 30,000 local governments with populations fewer than 2,500 use the Council-Manager form of government. Overall, local governments have found that municipal expenditures have actually been reduced with competent management that comes from hiring a professional city manager. 37 6 COUNCIL MEMBER RESPONSIBILITIES Open Government Training State law requires that each council member complete open government training no later than 90 days after taking office. This training includes sessions on the Open Meetings Act and the Public Information Act. The training requirement may be satisfied via the Internet by visiting the Attorney General's websitel. As the training is completed, each person receives an identification code that needs to be entered on the course completion certificate. Each member must print a copy of the certifications and file them with the city secretary. Open Meetings Act Elected officials of Texas municipal governments, such as the Denton City Council, are subject to the provisions of the Texas Open Meetings Act in Chapter 551 of the Texas Government Code. The Act generally provides that meetings of a governmental body shall be public, although there are a few exceptions whereby a governing body may deliberate in a closed meeting. The most common exceptions include consultation with attorney, deliberations about real property, deliberations about gifts and donations, personnel matters, deliberation about security devices, competitive matters of certain public power utilities, and deliberation about economic development negotiations. Written notice must be given of dates, times, and locations of all meetings.Minutes of each meeting must be taken and a record of votes and decisions kept as public record. Any group or member of a group can be held personally accountable in a court of law if found to have violated open meetings requirements. It is very important that when a quorum of council members are in any given place where City business is being discussed, the meeting must be posted. The Open Meetings Act does not apply to purely social gatherings, conventions, or workshops such as Texas Municipal League events. It is also very important that the council limit discussion during meetings to only those items listed on the posted agenda. Conversation or action on items not posted on the agenda would also be considered a violation of the Act, and it is not uncommon for the city attorney to make this reminder to the council during meetings as a necessary protection. A copy of the "Open Meetings Handbook 2018" document published by the Texas Attorney General is provided in the reference section of this manual. For more information regarding Texas Open Meetings Laws, visit the Texas Attorney General's official web page: www.texasattorney eg neral.gov. Please contact the city secretary or city attorney with specific questions about open meetings requirements. Public Information Act The Public Information Act (PIA) defines the term "public information" as information that is "written,produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business." The Act applies to recorded information in practically 1 https://www.texasattomeygeneral.aov/open/ogtitrainin .sg html 38 7 any medium,including physical and electronic documents. It is important to note that the Act does not distinguish between personal or employer-issued devices, but rather focuses on the nature of the communication or document. If the information was created, transmitted, received, or maintained in connection with the transaction of official business, it is subject to disclosure under the Act. Personal notes, e-mail or other correspondence sent or received from personal accounts or devices may be subject to disclosure under the Act. Correspondence sent to a council member's home address is also subject to the PIA when the subject matter deals with City business. Requests for public information, also called Open Records Requests, are handled in a timely manner by the city secretary or the department from which the information was requested. Official requests must be clear, specific, and made in writing to the City. The request must be for records or information already in existence. The Act does not require a governmental body to create new information, to do legal research, or to answer questions. The requestor is responsible for the cost of duplication. Although the public may have access to certain computer files, the Act does not give a member of the public a right to use a computer terminal to make his or her own computer search for public records, due primarily to the risk that confidential records will be inspected. The entire text of the Public Information Act can be accessed through the Texas Attorney General web page: www.texasattomeygeneral.gov. Please contact the city secretary or city attorney with specific questions about public information. Conflicts of Interest and Ethics The City Council adopted the Code of Ethics in May 2018,following the 2017 Charter Amendment election. The Code of Ethics is designed to foster a culture of integrity for those who serve the municipality and citizens, increase public confidence in municipal government, and assure the public that representatives are faithful stewards of the public trust. The Code of Ethics, found in the Denton Code of Ordinances, Chapter 2: Administration, Article XI: Ethics, lays out rules of conduct, addressing such things as violation reporting, financial disclosures, business disclosures, conflicts of interest, the acceptance of gifts and related limitations, outside employment, representations of others, misuse of information, and abuse of information or position. The Code also creates a Board of Ethics, of which members are appointed by Council,to oversee the implementation and enforcement of the Code. The Code of Ethics applies to the City Council, Board of Ethics, Planning and Zoning Commission, Zoning Board of Adjustment, Historic Landmark Commission, Public Utilities Board, and those City employees who are appointed by the City Council (city manager, city auditor, city attorney, and municipal court judge). To a limited extent and as outlined in the Code, it also applies to Vendors and Complainants. A copy of the Code of Ethics is included in this manual. Council members should contact the city attorney or city auditor with any questions. If a council member believes he/she has a conflict of interest regarding any matter coming before the council,he/she should consult with the city attorney. State law requires that council members 2 Section 171.004 of the Local Government Code 39 8 file an affidavit with the city secretary and the Code of Ethics requires the filing of an affidavit with the city auditor before a vote or decision on any matter involving real property or a business entity in which the council member, or a Council member's close relatives, has a substantial interest.' Council members must abstain and not participate on any such matters. Another state law'requires council members to file a conflict of interest statement(CIS) with the city secretary disclosing all the city contractors and vendors from which they or a family member' receive taxable income in any amount or any gifts in the preceding 12 months with an aggregate value of$250. There is no minimum City contract amount. The CIS forms may be obtained from the city secretary. Consult the city attorney with any questions. State law also requires that the contractor or vendor file a conflict of interest questionnaire (CIQ) with the City. The CIQ forms may be obtained from the Purchasing Department. Use of City Letterhead City policy requires that city letterhead only be used for City business. The mayor under his proclamation authority may use City letterhead in his role as the ceremonial head of the City. Should a council member have a question as to what constitutes City business, please consult the city attorney. Templates for City letterhead, memos, or other official documents are maintained by the Communications office. s The Local Government Code defines a substantial interest in a business entity if(a)the person owns 10 percent or more of the voting stock or shares in the business entity or owns either 10 percent or more or$15,000 or more of the fair market value of the business entity;or(b)funds received by the person from the business entity exceed 10 percent of the person's gross income for the previous year. TEx.Loc.GOv'T CODE§171.002(a).It further defines a substantial interest in real property as an interest of equitable or legal ownership with a fair market value of$2,500 or more. TEx.Loc.GOv'T CODE§171.002(b). Further,a council member has a substantial interest if a person has a substantial interest in a business entity or real property that is related to the council member in the first degree of consanguinity or affinity(spouse,father,mother,son daughter,father-in-law,mother-in-law, son-in-law,and daughter-in-law). TEx.Loc.Gov'T CODE§171.002(c). Denton's Code of Ethics has a narrower definition of conflict of interest,found in Section 2-273(a)(3). a See generally,Chapter 176 of the Local Government Code. The conflicts disclosure requirement is found in Section 176.003 and the vendor disclosure requirement is found in Section 176.006. 5 Persons in the first degree of consanguinity or affinity(spouse,father,mother,son daughter,father-in-law,mother- in-law,son-in-law,and daughter-in-law). 40 9 COUNCIL REQUESTS FOR INFORMATION Backiround During the annual City Council retreat on Saturday, August 21, 2021, the City Council agreed to amend their current ordinance and the process by which they ensure there is a consensus of the City Council regarding the use of staff time when responding to requests from elected officials that anticipate taking more than two hours to complete or if there is a City Council policy decision to be made. The process developed during the retreat was further discussed and formally adopted at the September 28, 2021, City Council meeting by Ordinance No. 21-1837 (attached). Procedure City Council's formal procedures detail that City Council requests must be submitted to the City Manager's Office by email at CMOGroupkcityofdenton.com and include the following details, at a minimum: a. Request type b. Purpose c. Time Sensitivity; and d. Preferred Response Format Staff will review one outstanding request for information per elected official during each work session. The weekly work session process will include staff introducing the requested topic followed by the requesting elected official having up to two minutes to describe and justify their request. Remaining elected officials will then have up to one minute to provide feedback and indicate their support for the use of staff time to respond to the request. Staff will respond to all requests where a consensus of at least four elected officials is established. To the extent possible, responses will be provided in the requested format including Informal Staff Reports, Legal Status Reports,City Council work session topics,or ordinances and resolutions to be considered on future City Council agendas. The Agenda Committee will assist in scheduling items receiving consensus based upon priority offered by Council Members, work session availability, and readiness of the item depending upon the total number of staff hours needed to develop, and the departments involved. As guidelines for Council Members to note and offer their priority while supporting an item, the following general categorization could be used to indicate any Council Member's support in order to assist staff and the Agenda Committee. The following takes into consideration the perceived urgency, impact, and/or importance of the item. It is a general framework only to help offer some prioritization, especially in consideration of other scheduled Council priorities, major goals and projects, and scheduled work. • High—Time sensitivity of the item is significant; the item is critical to the community or organization; and/or the item is of such importance that it should take precedence over other scheduled priorities,projects, or items. 41 10 • Moderate — The item is somewhat time-sensitive; the item has a valuable impact to the community or organization; and/or the item is important but should be integrated into work plans accordingly. • Low— The item is not time-sensitive; the item has an impact, but it is limited, and/or the item should be scheduled in to work plans where possible but should not affect or delay other scheduled work. Staff has also created a SmartSheet form that may be utilized by Council Members for a more automated approach to submitting requests which incorporate the above details. The SmartSheet form is available here. Friday Report The City Manager's Office coordinates and distributes a weekly report to City Council every Friday. The report contains a variety of helpful material and is designed to inform the Council with up-to-date information about the City. Upcoming meetings, community events, the Street Construction Report, and Informal Staff Reports are some of the types of communications that may be accessed in the Friday Report. Once compiled and delivered electronically, the Friday Report is also uploaded to the City's website and is available to the public here. 42 11 ORDINANCE NO. 21-18 3 7 AN ORDINANCE OF THE CITY OF DENTON AMENDING SECTION 2-30 OF THE CODE OF THE CITY OF DENTON TO CHANGE THE TITLE AND INCREASE THE TIME FOR A REQUESTING COUNCILMEMBER TO DESCRIBE THE REQUEST; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR CODIFICATION;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 27, 2019 by Ordinance No. 19-2026, the City Council adopted Section 2-30 of the City of Denton Code of Ordinances to provide procedures to ensure there is a consensus of the City Council regarding the use of staff time when responding to requests from elected officials; and WHEREAS the City Council now desires to amend the City Council request procedures to change the section title to more accurately reflect the response types and to increase the time for the requesting councilmember to speak from one minute to two minutes;NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Chapter 2, Article II, Section 2-30 of the Code of Ordinances of the City of Denton shall now read as follows: Chapter 2 -ADNNIINISTRATION ARTICLE H.--ADMINISTRATIVE ORGANIZATION Sec.2-30.-City Council Requests for Information or Agenda Items. (a) Definitions. (1) For purposes of Section 2-30 the following definitions apply: a. "Request for Information"—Requests made by a member of the City Council to seek clarification on Board,Commission,Committee or City Council agenda items; address perceived service issues, infrastructure maintenance, or construction concerns caused by or impacting City operations and/or the quality of life for Denton residents;and requests for policy-related research to evaluate policies implemented by other agencies and/or assess the impact a new policy or potential program may have if implemented by the City of Denton. b. "City Staff' — Includes employees of the City of Denton consisting of, or reporting to,the City Manager or the City Attorney. (b) City Council Requests for Information from City Staff. (1) All City Council requests for information from City Staff, must be submitted to the City Manager's Office via email and include at a minimum, the following details: a. Request Type; b. Purpose; 43 12 c. Time Sensitivity; and d. Preferred Response Format. (2) The City Manager's Office and/or the City Attorney's Office will estimate the amount of time required to respond to each request. (3) Requests estimated to take more than a total of two hours to complete will be brought forward within the next 30 calendar days, to a City Council work session to seek consensus from the full City Council regarding the use of City Staff time to fulfill the request.Requests for information referred to a work session will follow the procedures provided in sub-section(b) of Section 2-30. (c) City Council Requests for Information Referred to a Work Session. (1) A standing work session item will be added to each City Council agenda for City Council requests to be considered. a. The requesting Council Member will be required to provide a clear, written explanation describing the reason for the information requested. This description will be included as an attachment to the work session agenda materials and must be provided to the City Secretary in time to fully comply with Texas Open Meeting Act requirements. (2) During the work session,the requesting Council Member will have a maximum of two minutes to describe and justify their request. a. Remaining Council Members will then have a maximum of one minute each to provide feedback and indicate their support for the use of City Staff time to respond to the request. (3) Staff will respond to all requests where a consensus of at least four elected officials is established. To the extent possible, responses will be make in the requested format including Informal Staff Reports, Legal Status Reports, City Council work session topics,or ordinances and resolutions to be considered on future City Council agendas. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. SECTION 3. To the extent not otherwise provided,this ordinance shall repeal every prior ordinance in conflict herewith,but only insofar as the portion of such ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith,this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications,and to this end the provisions of this ordinance are severable. 44 13 SECTION 5. The City Secretary is hereby directed to record and publish the above regulations in the City's Code of Ordinances. The motion to approve this ordinance was made by2SS2_ �cuJ i S and seconded by 1�C 2.C��C , , the ordinance was passed and approved by the following vote -_}]: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd,District 1: f Brian Beck, District 2: .� Jesse Davis,District 3: Alison Maguire,District 4: .� Deb Armintor,At Large Place 5: ✓ Paul Meltzer,At Large Place 6: PASSED AND APPROVED this the '2�+h day of�S 2 D*e1V0oeC , 2021. GERARD 1-116EfSPETH,MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: ``��6 F �1;1�� APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY Z '//J u9ianr aynea ercamenm:an� • � •4 au�epanmena Users and Gro P-� -en l �1M•M' •..• A�`� roommene ou=�al,cn�maineanwn. � C ` � ematF�aNefine.ClHtonoryvfdemm�cam � T BY: oa�mvoz.viasaoosno � 45 14 COUNCIL MEETINGS General Rules of Order The Council has formally adopted rules of procedure that govern the proceeding of the Council in all cases, except where these rules are silent. In that case,the most recent edition of Robert's Rules of Order Revised shall govern. The rules of procedure also address the code of conduct and participation guidelines for citizens, staff, and council members. A copy of the rules of procedure is included in the appendix section of this manual. For specific questions about the rules of order for any of the Council's meetings,please contact the city secretary or city attorney. Agenda Agendas are prepared and posted for each Council meeting in accordance with the Open Meetings Act, and only items listed on the posted agenda can be discussed without possible violation of open meetings statutes. The agenda is prepared by staff and is reviewed and approved by the Agenda Committee, composed of the mayor, mayor pro tem, and the city manager. There is also a posted item on each regular City Council meeting agenda where council members can request items to be placed on future agendas. The future agenda placement date of a request is determined by the priority the item is given in relation to other items waiting to be brought forward to Council and the amount of time City staff will need to prepare the requested information. Oftentimes, a council member's request can be handled through a memo or other communication rather than needing placement on a meeting agenda. Under emergency circumstances, an item may be placed on the agenda by any council member with the approval of two Agenda Committee members. Final agendas and background materials for agenda items are provided electronically the Friday prior to the meeting. A list of planned upcoming agenda items is provided to council members regularly. Consent Agenda The consent agenda is made up of items that do not necessarily,by law,have to be given individual consideration or are considered routine in nature. Consent agenda items may be bids, purchase orders, contracts, and other items recommended by staff for approval. An item called"Request for clarification on consent agenda items" is listed on each City Council work session agenda before each regular City Council meeting for staff to answer questions or give further clarification on consent agenda items. If there is a substantial need, a council member may request that an item be removed from the consent agenda and considered individually. A single vote is taken on all items on the consent agenda. Approval of the consent agenda authorizes the city manager or his designee to implement each item in accordance with the staff recommendation. An item is posted on the work session agenda to allow for citizen comment on consent agenda items to be considered in the regular meeting. Work Session Work sessions are informational meetings that allow council members to receive staff reports, discuss policy issues, provide direction, and/or arrive at a consensus on City business. No formal Council action is taken during work session meetings unless the posted agenda indicates otherwise. 46 15 Work sessions are typically held before each regular Council meeting and on the second and fourth Tuesdays of the month. There is an item on each work session agenda allowing for questions from the Council concerning any agenda item on that night's regular City Council meeting agenda. Staff members are present to answer questions and provide additional information regarding specific agenda items. Work sessions are open to the public and are typically televised on the City's cable channel and streamed live on the website. Citizens or other members of the public may not participate in the work session unless invited to do by the mayor. Closed Meeting In accordance with the Texas Open Meetings Act, the Council may convene in a closed meeting to consult with its attorney or deliberate about real property, competitive matters of certain public power utilities, economic development negotiations, personnel matters, gifts and donations, or security devices. Closed meeting attendance is limited to the Council, the city manager, the city attorney, and only relevant outside parties or city staff. Regular Meeting Regular City Council meetings are held on the first and third Tuesdays of each month in the Council Chamber at City Hall. Council meetings are open to the public and are televised on the City's cable channel and streamed live on the website. Members of the public may comment on any item for individual consideration by completing a "request to speak" card prior to consideration of the item. Members of the public may also make arrangements with the city secretary prior to 5 p.m. on the Wednesday before the meeting to provide a citizen report to the Council on any topic or issue, or up to four speakers may sign up at the meeting to make remarks to the Council. Certain actions, such as annexations and zoning changes, require one or more public hearings. During a public hearing, staff will typically provide a short presentation before the applicant and members of the public provide comment on the item. All speakers are required to observe time limits and limit their remarks to the specific topic of the public hearing or agenda item. Special Meeting The mayor, city manager, or any three council members retain the authority to declare a special called meeting if there is an item on which the Council needs to take action that cannot be accommodated by the regular meeting schedule. Special meetings are open to the public and may be televised and streamed live on the website. 47 16 MEETING TERMS & DEFINITIONS 1. Ordinances — An ordinance is passed and promulgated by the governing body pursuant to statutory authority or by implied authority. Ordinances are to be distinguished from resolutions and motions. An ordinance is legislative action, while a resolution is administrative in character. 2. Resolutions — A resolution is a mere expression of the opinion or will of the governing body concerning some matter of administration coming within its cognizance. A resolution proper does not constitute a law. 3. Proclamations-- Proclamations require no Council action and are intended to recognize citizens and organizations for outstanding accomplishments. 4. Quorum — A majority of the members of the Council shall constitute a quorum for the transaction of business, and the affirmative vote of a majority of the Council shall be necessary to repeal any ordinance or take any official action in the name of the City, except where otherwise provided in the City Charter or by the general laws of the State of Texas. 5. Motion—A motion is a proposal made to evoke action on the part of the legislative body. 6. Majority Vote — A majority vote occurs when four out of the seven council members vote in the affirmative or negative. 7. Unanimous Vote — A unanimous vote occurs when all of the council members in attendance vote in the affirmative or negative on an issue. 8. Consensus — Council consensus is the opinion of a majority, plus one, of the council members in attendance at a meeting; consensus is used primarily in work sessions or informal meetings of the Council to express opinion on a subject or matter. Consensus is not a formal vote of the Council, but a collective opinion of the Council. 48 17 2022 CITY COUNCIL NEETM S CHEDULE DENTON Nbnday January 3 No Luncheon Tuesday January Work/RegularSession Tuesday January 11 2nd Tuesday Session Tuesday January 18 No Nbeting Day after NLKDay Holiday(January 17) U.S.Conference ofNhyors(January 19-21) Tuesday January 25 4&Tuesday Session Tuesday February 1 Wo&Regular Session Tuesday February 8 Work Session Only(Comp Plan and Nbbility Plan) Nbnday February 14 Joint Work Session w/P&Z-TBD Tuesday February 15 Work/Regular Session Tuesday February 22 Special Called Nbeting(City Manager Interviews) Tuesday Nhrch 1 Work/Regular Session Tuesday Nhrch 15 No Nbeting Spring Break(Nhrch 14-18) National League ofCities Congressional Conference (Nhrch 12-16) Tuesday March 22 Work/Special Session Tuesday April 5 Wo&Regular Session Tuesday April 19 Wo&Regular Session Tuesday May 3 Work/Regular Session Tuesday May 17 Work/Regular Session (Canvass General Election Resuks/Elect Nhyor Pro Tem) Tuesday June 7 WbfldRegular Session Tuesday June 21 No Nbeting Day after Juneteenth Holiday(June 19) Friday June 24 Council Retreat—Day 1 (1/2 day) Saturday June 25 Council Retreat—Dray 2 Tuesday June 28 Work/Special Session Tuesday July 5 No Nbeting Break Tuesday July 19 WorkRegular Session Tuesday July26 Work/Special Session Tuesday August 2 Work/Regular Session Saturday August 6 Budget Workshop Tuesday August 16 WorkRegular Session Tuesday September 6 No Nbeting Day After Labor Day Holiday(September 5) Tuesday September20 Work/Re gular S e s s ion Tuesday September 27 Work/Special Session Tuesday October 4 No Nbeting National Night Out Tuesday October 18 WorkRegular Session Tuesday October 25 Work/Special Session Tuesday November 1 Work/Regular Session Tuesday November 15 Work/Regular Session Tuesday December 6 WorkRegular Session Tuesday December 13 WorWSpecial Session Tuesday acember 20 No Nbeting December Break 49 Updated: Nby 6,2022 18 DENTON CODE OF ORDINANCES CHAPTER 2. Administration Article II.—Administrative Organization As of April 21, 2022 Sec. 2-29. City council rules of procedure. (a) Authority. (1) Charter:Pursuant to the provisions of Section 2.07 of the Charter of the City of Denton,Texas,the City Council hereby enacts these rules of procedure for all meetings of the City Council of the City of Denton,Texas. During any meeting, a reasonable opportunity shall be given for citizens to be heard under these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the Council Chamber including the city administrative staff, news media, and visitors. (b) General rules. (1) Meetings to be public:All official meetings of the Council and Council committees and subcommittees, except closed meetings permitted by the provisions of the Texas Open Meetings Act,V.T.C.A. Government Code Ch. 551, (Vernon 2014), as amended, shall be open to the public. (2) Quorum:Four(4) members of the council shall constitute a quorum for the transaction of business. (Charter,Section 2.06) (3) Compelling attendance:No member shall be excused from attendance at a council meeting except for good and valid reasons. It will be the duty of the council member to notify the city secretary prior to the meeting at which he or she is going to be absent.The city secretary will record each council member as being present or absent as a part of the minutes prepared for each council meeting. (4) Misconduct:The council may punish its own members for misconduct consistent with any ethics policy adopted by the council. (5) Minutes of meetings:An account of all proceedings of the council shall be kept by the city secretary and shall be entered in a book constituting the official record of the council.A certified agenda shall be prepared and shall be approved by the mayor for all closed meetings for which a certified agenda is required to be kept in accordance with the Texas Open Meetings Act. (6) Questions to contain one subject:All questions submitted for a vote shall contain one subject, except the city council may approve all items which are on the consent agenda in one motion, regardless of how many subjects are contained in the consent agenda,so long as all items have been properly posted in accordance with the Texas Open Meetings Act and have not been removed from the consent agenda by a council member. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. (7) Right to floor:Any member desiring to speak shall be recognized by the chairperson,and shall confine his or her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. (8) City manager:The city manager, or acting city manager, shall attend all meetings of the council unless excused. He or she may make recommendations to the council and shall have the right to take part in all discussions of the council, but shall have no vote. (Charter,Section 5.03(d)) (9) City attorney:The city attorney, or acting city attorney,shall be available upon request for all meetings of the council unless excused and shall, upon request,give an opinion, either written or oral, on questions of law.The city attorney shall act as the council's parliamentarian. (10) City secretary:The city secretary,or acting city secretary,shall attend all meetings of the council unless excused,and shall keep the official minutes and perform such other duties as may be requested by the council. 50 19 (11) Officers and employees:Any officer or employee of the city,when requested by the city manager,shall attend any meeting of the council. If requested to do so by the city manager,such employee may present information relating to matters before the council. (12) Rules of order:These rules govern the proceedings of the council in all cases, except that where these rules are silent,the most recent Edition of Robert's Rules of Order shall govern. (13) Suspension of rules:Any provision of these rules not governed by the City Charter or other City Code provisions may be temporarily suspended by the affirmative vote of four(4) members of the council. The vote on any such suspension shall be taken by yeas or nays and entered into the minutes of the council. (14) Amendment of rules:These rules may be amended,or new rules adopted by the affirmative vote of four members of the council, provided that the proposed amendments or new rules shall have been introduced before the city council at a prior council meeting. (15) Attendance under this subsection may be in-person or via videoconference or teleconference. (c) Code of conduct. (1) Council members: a. During council meetings, council members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the rules of the council. b. A council member, once recognized,shall not be interrupted while speaking unless called to order by the mayor or presiding officer, unless a point of order is raised by another member or the parliamentarian,or unless the speaker chooses to yield to questions from another member. If a council member is called to order while he or she is speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled not to be in order, he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the council. (2) Administrative staff: a. Members of the administrative staff and employees of the city shall observe the same rules of procedure and decorum applicable to members of the council,and shall have no voice unless and until recognized by the chair. b. While the presiding officer shall have the authority to preserve decorum in meetings as far as staff members and city employees are concerned,the city manager also shall be responsible for the orderly conduct and decorum of all city employees under his or her direction and control. C. The city manager shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by city employees in council meetings. d. All remarks and questions addressed to the council shall be addressed to the council as a whole and not to any individual member thereof. e. No staff member,other than a staff member having the floor,shall enter into any discussion either directly or indirectly without permission of the presiding officer. (3) Citizens: a. Citizens and other visitors are welcome to attend all public meetings of the city council,and participate via any method the city makes available, including but not limited to personal appearance,telephonic participation,and email/internet submissions. Created: 2022-03-08 16:32:45 [EST] (Supp. No.33,Update 1) Page 2 of 15 51 20 b. All meeting attendees shall conduct themselves with propriety and decorum.Conversations between or among audience members should be conducted outside the meeting room. Attendees will refrain from excessively loud private conversations while the council is in session. C. Unauthorized remarks from the audience,stamping of the feet,applauding,whistles,yells,and similar demonstrations shall not be permitted. d. Placards, banners,signs, pamphlets,flyers,or political materials of any type will not be permitted in the city council chamber or in any other room in which the city council is meeting. Exhibits, displays,and visual aids used in connection with presentations to the city council, however, are permitted. e. Audience members may not place their feet on any chairs in the city council chamber or other room in which the city council is meeting. f. Only city council members and city staff may step onto the dais. g. All people wishing to address the city council shall first be recognized by the presiding officer and shall limit their remarks to the matter under discussion. h. All remarks and questions addressed to the city council shall be addressed to the city council as a whole and not to any individual members. i. Any person addressing the city council in the city council chamber shall do so from the lectern unless physically unable to do so. People addressing the city council shall not be permitted to approach the dais. If they wish to hand out papers or other materials to the city council,they should express that desire to the presiding officer,and the city manager shall direct a staff member to hand out the materials. Electronic materials should be submitted through a dedicated email account at least four hours prior to the start of the meeting. j. When the time has expired for a presentation to the city council,the presiding officer shall direct the person speaking to cease.A second request from the presiding officer to cease speaking shall be cause of the removal of the speaker if that person continues to speak. k. Equipment,apparatus,or paraphernalia such as camera tripods,easels,or wheelchairs shall not obstruct, block,or otherwise be located in the doorway,entranceway,or walkways of the city council chambers or of any other room in which the city council may choose to meet. Representatives of the electronic media may set up cameras and other equipment only in the back of the room. It is permissible for television camera operators to film for short periods of time(several minutes)from the entranceway to the city council chambers.Any radio station, which broadcasts the regular city council meetings live, may hook their equipment up at the front of the room as long as it remains out of sight and out of the way. I. There will be a uniformed City of Denton police officer present at all regular meetings of the city council.This police officer shall act in the capacity of a security officer/sergeant-at-arms, and shall enforce the meeting rules and act upon the direction of the presiding officer. M. Any person making personal, impertinent, profane, or slanderous remarks, or who becomes boisterous while addressing the city council or who otherwise violates any of the above- mentioned rules while attending a city council meeting shall be removed from the meeting at the direction of the presiding officer,and the person shall be barred from further audience and participation before the city council during that session of the city council. If the presiding officer fails to act,any member of the city council may move to require the offending person's removal, and the affirmative vote of a majority of the city council shall require the presiding officer to act. The sergeant-at-arms, if so directed by the presiding officer or an affirmative vote of the majority of the city council,shall remove the offending person from the meeting. Created: 2022-03-08 16:32:45 [EST] (Supp. No.33,Update 1) Page 3 of 15 52 21 (4) Enforcement:The city manager, in the absence of a designated law enforcement officer, shall act as sergeant at arms for the council,and shall furnish whatever assistance is needed to enforce the rules of decorum herein established. (5) Seating arrangement:The city secretary,city manager and city attorney shall occupy the respective seats in the council chamber assigned to them by the mayor, but any two(2)or more members of the council may exchange seats. (6) Videoconferencing:City council members may elect to participate in a city council meeting by videoconference in the event the member is traveling or unable to attend a meeting due to illness or declaration of disaster or emergency. a. Procedures for meeting by videoconference if a quorum will be in one physical location: The council meeting notice shall specify where the quorum of the governmental body will be physically present,and the intent to have a quorum present at that location.The video and audio feed of a remote councilmember or employee shall be broadcast live at the meeting. Each portion of the meeting held by videoconference call that is required to be open to the public shall be visible and audible to the public at the location where the quorum is present.The location at which the quorum is present,and each remote location from which a member of the governmental body participates, shall have two-way audio and video communication with each other location during the entire meeting. Each participant's face in the videoconference call, while speaking,shall be clearly visible and audible to each other participant and,during the open portion of the meeting,to the members of the public in attendance at the location where a quorum is present, and at any other location of the meeting that is open to the public.The audio and video signals perceptible by members of the public at each location of the meeting shall meet or exceed minimum standards established by Texas Department of Information Resources (DIR) rules.The audio and video signals perceptible by members of the public at the location where the quorum is present and,any other location open to the public, shall be of sufficient quality so that members of the public at each location can observe the demeanor and hear the voice of each participant in the open portion of the meeting. If a problem occurs that causes a meeting to no longer be visible and audible to the public at the location where a quorum is present,the meeting shall be recessed until the problem is resolved,and if the problem is not resolved in six hours or less,the meeting shall be adjourned.The city shall make at least an audio recording of the meeting,and the recording shall be made available to the public. b. Procedures for meeting by videoconference if a quorum will not be in one physical location: The city shall make available to the public at least one suitable physical space in the city that is equipped with videoconference equipment that provides an audio and video display,as well as a camera and microphone, by which a member of the public can provide testimony or otherwise participate in the meeting.The member of the governmental body presiding over the meeting shall be present at this site, and the location must be open to the public.The meeting notice shall specify the physical space provided,and shall also specify the intent to have the presiding officer present at the location.Any member of the public present at this location shall be provided the opportunity to participate in the meeting by means of a videoconference call in the same manner as a person who is physically present at a meeting of the governmental body that is not conducted by videoconference. Each portion of the meeting held by videoconference call that is required to be open to the public shall be visible and audible to the public.The video and audio feed of a remote councilmember or employee shall be broadcast live at the meeting.The site provided in the city and each remote location from which a member participates, shall have two-way audio and video communication with each member who is participating by videoconference during the Created: 2022-03-08 16:32:45 [EST] (Supp. No.33,Update 1) Page 4 of 15 53 22 entire meeting. Each participant's face in the videoconference,while speaking, must be clearly visible and audible to each other participant and,during the open portion of the meeting,to the members of the public in attendance at the meeting location in the city,and at any other location of the meeting that may be open to the public.The audio and video signals perceptible by members of the public at each location of the meeting shall meet or exceed minimum standards established by DIR rules.The audio and video signals perceptible by members of the public at each location of the meeting that is open to the public,and each remote location, must be of sufficient quality so that members of the public at each location can observe the demeanor and hear the voice of each participant in the open portion of the meeting. If a problem occurs that causes the meeting to no longer be visible and audible to the public at the meeting site in the city,the meeting must be recessed until the problem is resolved,and if the problem is not resolved in six hours or less,the meeting shall be adjourned.The city shall make at least an audio recording of the meeting,and the recording shall be made available to the public. C. Council members wishing to participate in a meeting by videoconference shall provide notice to the city manager and the agenda committee not less than four(4)days prior to the meeting. (d) Types of meetings. (1) Regular meetings:The council shall meet on the first and third Tuesday of each month, at such time as may be set by the city council, unless the meeting is postponed or cancelled for valid reasons.All regular meetings of the council will be held in City Hall at 215 East McKinney Street, Denton,Texas or at such other location as the city council may,from time to time by proper posting under the Open Meetings Act and so long as the meeting is available to the public, designate. In the event a regular meeting falls on a day the city observes a paid holiday,or the day after, no regular meeting shall be scheduled. Furthermore, no regular meetings shall be held the first two weeks in July, nor the last two weeks of November and December.The limitations in this provision do not apply to other types of meetings which may be called under section 2-29(d). (2) Special meetings:Special meetings may be called by the mayor,the city manager,or by any three(3) members of the council.The city secretary shall post notice thereof as provided by the Texas Open Meetings Act.The mayor,city manager,or three(3)of the council members may designate a location for the special meeting other than City Hall,as long as the location is open to the public. (3) Workshop meetings:Workshop meetings(also referred to as"work sessions") may be held on the first and third Tuesday of each month at such time as may be set by the city council,or on such other day as the city council may designate and at such time as may be set by the city council,to discuss near to mid or long range issues and to answer city council questions concerning all agenda items.Workshops or work sessions may be called using the same procedure required for special meetings as provided for in subsection (2)above.The purpose of the workshop meeting is to discuss or explore matters of interest to the city,to meet with city boards,commissions,or committee members,city staff or officers of civic organizations,governing bodies or individuals specifically invited to the session by the mayor,council or city manager.These meetings are informational and normally no final action shall be taken unless the posted agenda indicates otherwise. However,the city council may, by consensus, provide general direction to staff with regard to matters of interest or concern, understanding such matters ultimately may require a formal vote of the council for implementation. (4) Luncheon meetings:Luncheon workshop or work session meetings may be held on the first Monday of each month at such time as may be set by the city council,or on such other day as the city council may designate.Such meetings may be called using the same procedure required for special meetings as provided for in subsection (2)above.The purpose of the luncheon meeting is to discuss or explore matters of interest to the city,to meet with city boards,commissions,or committee members, city staff or officers of civic organizations,governing bodies or individuals specifically invited to the session by the mayor,council or city manager.These meetings are informational and normally no final action Created: 2022-03-08 16:32:45 [EST] (Supp. No.33,Update 1) Page 5 of 15 54 23 shall be taken unless the posted agenda indicates otherwise. However,the city council may, by consensus, provide general direction to staff with regard to matters of interest or concern, understanding such matters ultimately may require a formal vote of the council for implementation. (5) Emergency meetings:In case of emergency or urgent public necessity,which shall be expressed in the notice of the meeting,an emergency meeting may be called by the mayor,the city manager or by three members of the council,and it shall be sufficient if the notice is posted one hour before the meeting is convened.Council members shall notify staff as soon as possible if they will participate in an emergency meeting via videoconference. (6) Closed meetings:The council may meet in a closed meeting pursuant to the requirements of the Texas Open Meetings Act. (7) Recessed meetings:Any meeting of the council may be recessed to a later time, provided that no recess shall be for a longer period than until the next business day. (8) Notice of meetings:The agenda for all meetings, including council committee or subcommittee meetings,shall be posted by the city secretary on the city's official bulletin board and notice of all meetings shall be given by the city secretary pursuant to the requirements of the Texas Open Meetings Act. (e) Presiding officer and duties. (1) Presiding officer:The mayor,or in the absence of the mayor,the mayor pro-tem, shall preside as chairman,or presiding officer at all meetings of the council. In the absence of the mayor and the mayor pro-tem,the council shall elect a temporary presiding officer. (Charter,Section 2.03) (2) Call to order:The meetings of the council shall be called to order by the mayor,or in his or her absence, by the mayor pro-tem. In the absence of both the mayor and the mayor pro-tem,the meeting shall be called to order by the city secretary, and a temporary presiding officer shall be elected as provided above. (3) Preservation of order:The presiding officer shall preserve order and decorum, and confine members in debate to the question under discussion.The presiding officer shall call upon the sergeant-at-arms as necessary to enforce compliance with the rules contained herein. (4) Points of order:The presiding officer shall determine all points of order,subject to the right of any member to appeal to the council. If any appeal is taken,the question shall be, "Shall the decision of the presiding officer be sustained?" If a majority of the members present vote"No,"the ruling of the chair is overruled; otherwise, it is sustained. (5) Questions to be stated:The presiding officer shall state all questions submitted for a vote and announce the result.A roll call vote shall be taken upon the request of any member,and upon the passage of all ordinances and resolutions. (6) Substitution for presiding officer:The presiding officer may call any other member to take his or her place in the chair, such substitution not to continue beyond adjournment. (7) Call for recess:The presiding officer may call for a recess of up to fifteen (15) minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda,or if requested by any two (2) members. (f) Order of business. (1) Agenda:The order of business of each meeting shall be as contained in the agenda prepared by the city manager,which shall be reviewed and approved by an agenda committee composed of the mayor, the mayor pro-tem, and the city manager.When items are removed from the consent agenda and placed on the regular agenda by members of the council,the removed items shall be taken up in the Created: 2022-03-08 16:32:45 [EST] (Supp. No.33,Update 1) Page 6 of 15 55 24 order of removal right after the consent agenda. Placement of items on the agenda shall be governed by this ordinance; provided that if a council member has an "emergency" item that the council member believes should be placed on the next regular or special meeting agenda,the placement must be approved by two members of the agenda committee or at the direction of a majority of the council. Conduct of business at special meetings will likewise be governed by an agenda and these rules of procedure. (2) Pledge of Allegiance:Each agenda shall provide an item for the recital of the"Pledge of Allegiance"at the regularly scheduled city council meetings.This item shall begin with the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with V.T.C.A.Government Code§3100.101. (3) Presentations by members of council or city manager:The agenda shall provide a time when the mayor or any council member may bring before the council any business that he or she feels should be deliberated upon by the council at a future council meeting.These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent council meeting.Any member may suggest an item for discussion at a future work session. The city manager or city staff shall only respond preliminarily on this item at the work session. If the city council believes the item requires a more detailed review,the council will give the city manager or city staff direction to place the item on a future regular meeting agenda and advise staff as to the background materials to be desired at such meeting.The city council may receive from the city manager or city staff or a member of the city council reports about items of community interest including expressions of thanks,congratulations,or condolence; information regarding holiday schedules;an honorary or salutary recognition of a public official, public employee,or other citizen, except that a discussion regarding a change in the status of a person's public office or public employment is not an honorary or salutary recognition for purposes of this subdivision;a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social,ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality;and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda so long as authorized by the Texas Open Meetings Act. (4) Presentations from members of the public: a. Reports from members of the public:Reports from members of the public shall be received through either of two(2) methods: 1) prior registration or 2)open microphone.A total of up to seven (7)speakers are permitted to provide public comment and may include any combination of prior registration and open microphone speakers. Public comment is provided during regular meetings of the city council,which typically occur on the first and third Tuesday of each month. Presentations made in accordance with this section may be made via teleconference or videoconference technology as specified by the city on its website or meeting notice. 1) Prior registration. Any person who wishes to place a subject on the council agenda at regular council meetings shall advise the city manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 12:00 p.m. Thursday prior to the council meeting at which he or she wishes the designated subject to be considered.Such reports shall be heard at the beginning of the regular meeting of the city council pursuant to an agenda posting allowing a period of public comment. Each speaker providing a report shall speak for no longer than four(4) minutes.At the conclusion of each report,council may pose questions to the speaker concerning his or her report. Council may also engage in discussion concerning each report. If the city council believes that a speaker's report requires a more detailed review,the council will give the Created: 2022-03-08 16:32:45 [EST] (Supp. No.33,Update 1) Page 7 of 15 56 25 city manager or city staff direction to place the item on a future work session or regular meeting agenda and advise staff as to the background materials to be desired at such meeting. 2) Open microphone.At the beginning of the regular meeting of the city council, persons who have not registered to speak as above described may make comments through the open microphone procedure.Such person(s)shall have filed a "Blue Card" requesting to speak during this period prior to the calling of this agenda item. Prior to the beginning of the regular meeting of the city council, persons who wish to participate remotely shall register via any manner specified by the city on its website or meeting notice.At the time the city council calls the open microphone comment period,a person may present himself or herself and make public comments regarding public business; provided however,such persons shall not be allowed to speak to items on the current agenda in light of other established procedures for taking such comments as specified in these rules. No person may submit a "request to speak"form in order to speak or comment on another person's report,which is given at the same council meeting.An announcement may be made, prior to the time for reports from members of the public on the agenda,summarizing the main portions of the rules and the"code of conduct" as they may apply to members of the public speaking to the council.Any speaker providing a report shall speak for no longer than four (4) minutes on all items that he or she may bring before the council at each meeting. b. Work session or workshop items:As it concerns the workshop agenda,citizens or other interested persons may not participate in the session unless invited to do so by the mayor. If the mayor invites citizens to participate in a work session,their participation will cease at the point the mayor closes the session to public input to allow the council to give city staff direction as to needed information for the possible future meeting on the item.Citizens should be advised of the nature of the work session, but that their input on these items is premature until such item is placed upon a city council agenda for final action.The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting.Any citizen may supply the city council a written statement or report regarding the citizen's opinion on a matter being discussed in a work session. C. Commenting on consent and regular agenda items:Any person who wishes to address the council regarding a non-public hearing regular or consent agenda item that is on the council's agenda,shall complete a "request to speak"form asking to speak regarding the item and shall return it to the city secretary.On consent items,the request to speak card shall be submitted prior to the citizen comment on consent agenda items at the beginning of the city council meeting.On regular agenda items,the request to speak card shall be submitted prior to the time the city council considers the item.The mayor will call upon the person who desires to speak. Comments may also be submitted via web form at the link provided on the agenda or by telephonic participation. For both consent and regular agenda items,web comments must be received at least one(1) hour prior to the posted time of the start of the meeting,and will be provided to council prior to consideration of any item to which a comment pertains. 1) Consent agenda items:When consent agenda items are posted on an agenda,citizens or other interested persons will be allowed to make citizen comment immediately after the opening of the city council meeting and prior to workshop or work session items on the agenda by filling out a "request to speak" card (aka a "blue card")asking to speak on any or all consent agenda items and returning the form to the city secretary. In the event a person is unable to attend the city council workshop or work session, he or she may contact the city secretary prior to the opening of the meeting and request that a consent agenda item be pulled from the consent agenda in order to allow comment as an individual item at the regular meeting of the city council.The city secretary shall make any such request known Created: 2022-03-08 16:32:45 [EST] (Supp. No.33,Update 1) Page 8 of 15 57 26 to the city council. Consent agenda items are generally routine nature,so comment at this time facilitates the regular council meeting where no citizen comment on consent agenda items will be permitted, unless the item is removed from the consent agenda by a member of the council to be considered as an individual item during the regular meeting.Speakers will be allowed three(3) minutes per speaker and may comment on any or all consent agenda items so long as any speaker's time does not exceed a total of three(3) minutes. 2) Regular agenda items:During the regular session of the city council meeting,any citizen or interested person may comment on an item posted on the agenda for final action.Any person who wishes to address the council regarding a non-public hearing item that is on the council's agenda,shall complete a "request to speak"form asking to speak regarding the item and shall return it to the city secretary before the council considers the item.This procedure applies to speakers desiring to speak to items for individual consideration on the agenda during the regular meeting of the city council.The mayor will call upon the person to speak.Speakers will be allowed three(3) minutes per speaker as to any particular agenda item being considered by the city council. d. Public hearings: 1) Any person who wishes to address the council at a public hearing is encouraged to complete a "request to speak"form and return it to the city secretary or online,or by calling the phone number provided in the meeting notice before the applicable hearing or at a time set by the city.The mayor will call upon the person to speak.Speakers will be allowed an initial four(4) minutes per speaker as to any public hearing item. However, if numerous speakers desire to comment on an item,council may limit speakers to three(3) minutes per speaker. Only those speakers who previously provided input on a specific item will be permitted to provide a final rebuttal of up to two (2) minutes per speaker. Applicants and their agents on public hearing items shall be allowed to speak for no longer than ten (10) minutes per speaker with a total of twenty(20) minutes for all speakers representing the applicant.Speakers will have the opportunity to make a single,final rebuttal after hearing the applicant's rebuttal as set forth in section 2-29(f)(4)d.2)g). 2) To facilitate the public hearing process in zoning cases the following procedure will be used: a) The mayor reads the zoning case caption,and then opens the public hearing. b) The city manager introduces the city staff for presentation. c) City staff presents facts relevant to the matter. d) The applicant presents his or her case,with potential questions of the applicant from the city council. e) The council receives input from the public,with potential questions of speakers from the city council. f) The applicant will be given an opportunity to make rebuttal comments. g) Members of the public who previously provided input on a specific item will have the opportunity to make a single,final rebuttal. h) The city staff and/or the applicant will answer any questions of the city council. i) Upon conclusion of these questions and answers,the mayor will continue or close the public hearing. Created: 2022-03-08 16:32:45 [EST] (Supp. No.33,Update 1) Page 9 of 15 58 27 3) Groups or organizations:Any group or organization comprised of four(4)or more members present in the city council chambers who wishes to address the council at a public hearing or on a non-public hearing agenda item shall designate a representative to address the city council and shall limit their remarks to ten (10) minutes or less.The group or organization shall turn in a written designation to the city secretary, on cards prepared by the city secretary of a different color from cards submitted by individual speakers or via online form or email, prior to the commencement of the meeting identifying the representative who will address the city council on behalf of the group or organization.At the time the representative is recognized by the mayor to speak,the group or organization present in the meeting room will be asked to stand to be recognized prior to the receipt of comments by the representative. e. Discretionary time:At the discretion of the presiding officer or a majority of the city council, any speaker may be granted an extension of time to speak. f. Audio/Visual aids:Any citizen desiring to use audio/visual aids during presentations to council shall submit such presentation to the city secretary twenty-four(24) hours prior to the meeting where the presentation will occur. (5) Presentation of proclamations:The agenda may provide a time for the presentation of proclamations. The mayor or presiding officer may deliver and present proclamations upon the request of citizens. Proclamations may encompass any activity or theme except that proclamations with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall not be used for any commercial or advertising purpose. (g) Consideration of ordinances, resolutions, and motions. (1) Printed or typewritten form:All ordinances and resolutions shall be presented to the council in printed, typewritten or electronic form.The council may, by proper motion, amend any ordinance or resolution presented to it at the meeting at which it is presented or direct that the amended ordinance be placed on the next or any future council agenda for adoption. (2) City attorney to approve:All ordinances, resolutions,and contracts and amendments thereto,shall be approved as to form and legality by the city attorney,or he or she shall file a written opinion on the legality of such ordinance, resolution or contract prior to submission to the council. (Charter,Section 6.02) (3) Distribution of ordinances and resolutions:The city manager shall prepare copies of all proposed ordinances and resolutions for distribution to all members of the council at the meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient. (4) Recording of votes:The yeas and nays shall be taken upon the passage of all ordinances and resolutions and the vote of each member shall be recorded in the minutes and within each respective ordinance and resolution. (Charter,Section 2.06(b)) (5) Majority vote required:An affirmative vote of four(4) members is necessary to repeal any ordinance or take any official action in the name of the city except as otherwise provided in the Charter, by the laws of the State of Texas, or these rules. (Charter,Section 2.06) a. Tie-vote: 1. City council: Matters voted on by the city council which end in a tie-vote due to absence(s) shall automatically be placed on each subsequent council meeting agenda until the full council is present or the matter does not end in a tie vote. Matters voted on by the city council when the full council is present,which end in a tie-vote due to recusal(s)shall be considered a denial. Created: 2022-03-08 16:32:45 [EST] (Supp. No.33,Update 1) Page 10 of 15 59 28 2. Boards, commissions, and committees:With the exception of the planning and zoning commission, matters voted on by boards,commissions,and committees,which end in a tie-vote, regardless of the cause,shall be considered a denial.This provision applies to all task forces,ad hoc committees,or other limited duration groups established by the city council. i. The Denton Development Code outlines the process for city council review and decision of any recommendations made by the planning and zoning commission. (6) Demand for roll call:Upon demand of any member,the roll shall be called for yeas and nays upon any question before the council,with the exception of those circumstances set forth in subsection (12),the previous question. It shall not be in order for members to explain their vote during the roll call. (7) Personal privilege:The right of a member to address the council on a question of personal privilege shall be limited to cases in which his or her integrity,character,or motives are assailed, questioned,or impugned. (8) Dissents and protests:Any member shall have the right to express dissent from or protest against any ordinance or resolution of the council and have the reason therefor entered upon the minutes.Such dissent or protest may be filed in writing,and presented to the council not later than the next regular meeting following the date of passage of the ordinance or resolution objected to. (9) Voting required:No member shall be excused from voting except for lack of information and except on matters involving the consideration of his or her own official conduct, or where his or her personal interests are involved in accordance with V.T.C.A. Local Government Code Ch. 171 (Vernon 2014), and in these instances he or she shall abstain.Any member prohibited from voting by personal interest shall announce this at the commencement of consideration of the matter and shall not enter into discussion or debate on any such matter,shall leave the meeting,and shall file an affidavit of recusal. The member having briefly stated the reason for his or her request,the excuse from voting shall be made without debate. (10) Order of precedence of motions: a. The following motions shall have priority in the order indicated: 1. Adjourn (when unqualified)and is not debatable and may not be amended; 2. Take a recess(when privileged); 3. Raise a question of privilege; 4. Lay on the table; 5. Previous question (two-thirds(%)vote required); 6. Limit or extend limits of debate(two-thirds(%)vote required); 7. Postpone to a certain time; 8. Commit or refer; 9. Amend; 10. Postpone indefinitely; 11. Main motion. Created: 2022-03-08 16:32:45 [EST] (Supp. No.33,Update 1) Page 11 of 15 60 29 b. The first two motions are not always privileged.To adjourn shall lose its privilege character and be a main motion if in any way qualified.To take a recess shall be privileged only when other business is pending. C. A motion to adjourn is not in order: 1. When repeated without intervening business or discussion; 2. When made as an interruption of a member while speaking; 3. While a vote is being taken. d. Only certain motions may be amended as provided in the most current edition of Robert's Rules of Order, revised.A motion to amend shall be undebatable when the question to be amended is undebatable. (11) Reconsideration:A motion to reconsider any action of the council can be made not later than the next succeeding official meeting of the council.Such a motion can only be made by a member who voted with the prevailing side. It can be seconded by any member. In order to comply with the Texas Open Meetings Act,any council member who wishes to make such a motion at a meeting succeeding the meeting where the action was taken shall notify the city manager to place the item for reconsideration on the council agenda. No question shall be twice reconsidered,except by unanimous consent of the council,except that action related to any contract may be reconsidered at any time before the final execution thereof.A matter which was not timely reconsidered in the manner provided by this section or was reconsidered but the action originally taken was not changed by the council cannot be reintroduced to the council or placed on a council meeting agenda for a period of six(6) months unless this rule is suspended as provided for in these rules of procedure. (12) The previous question:When the previous question is moved and seconded, it shall be put as follows: "Shall the main question be now put?".There shall then be no further amendment or debate;except that nothing herein shall allow the previous question to be called prior to a least one opportunity for each member of the council to speak on the question before the council.Any pending amendments shall be put in their order before the main question. If the motion for the previous question is lost,the main question remains before the council.An affirmative vote of two-thirds(%)of the council shall be required to move the previous question.To demand the previous question is equivalent in effect to moving"That debate now cease, and the council shall immediately proceed to vote on the pending motion". In practice,this is done with the phrase"Call for the question", or simply saying"Question". (13) Withdrawal of motions:A motion may be withdrawn,or modified, by its movant without asking permission until the motion has been stated by the presiding officer. If the movant modifies his or her motion,the seconding council member may withdraw his or her second.After the question has been stated,the movant shall neither withdraw it nor modify it without the consent of the council.The subject different from that under consideration shall be admitted under color of amendment.A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. (14) Appropriations of money:Before formal approval by the council of motions providing for appropriation of money, information must be presented to the council showing purpose of the appropriation. In addition, before finally acting on such an appropriation,the council shall obtain a report from the city manager as to the availability of funds and his or her recommendations as to the desirability of the appropriation. (15) Transfer of appropriations:At the request of the city manager,at any time during the fiscal year,the council may by resolution transfer an unencumbered balance of an appropriation made for the use of one department, division, or purpose; but no transfer shall be made of revenues or earnings of any non-tax supported public utility to any other purpose. Created: 2022-03-08 16:32:45 [EST] (Supp. No.33,Update 1) Page 12 of 15 61 30 (h) Creation of committees, boards and commissions. (1) Council committees:The council may, by resolution and as the need arises,authorize the appointment of council committees.Any committee so created shall cease to exist when abolished by resolution of the council. Council committees shall comply with the Texas Open Meetings Act. (2) Citizen boards, commissions, and committees:The council may create other citizen boards, commissions,and committees to assist in the conduct of the operation of the city government with such duties as the council may specify not inconsistent with the City Charter or Code. Creation of such boards,commissions,and committees and memberships and selection of members shall be by council resolution if not otherwise specified by the City Charter or Code.Any board,commission, or committee so created shall cease to exist when abolished by a resolution approved by the council. No committee so appointed shall have powers other than advisory to the council or to the city manager,except as otherwise specified by the Charter or Code.All citizen boards,commissions,and committees shall comply with the procedural requirements of the Texas Open Meetings Act.Any reference in this article to"citizen boards,commissions,and committees" includes citizen task forces and citizen ad hoc boards,commissions,and committees unless otherwise indicated herein. (3) Appointments: a. Individual city council members making nominations for members to citizen boards, commissions, and committees will consider interested persons on a citywide basis. b. The city council will make an effort to be inclusive of all segments of the community in the board, commission,and committee appointment process.City council members will consider ethnicity, gender,socio-economic levels,and other factors to ensure a diverse representation of Denton citizens. C. The city council will take into consideration an individual's qualifications,willingness to serve,and application information in selecting nominations for membership to each board,commission, and committee. d. In an effort to ensure maximum citizen participation,city council members will continue the general practice of nominating new citizens to replace board members who have served three(3) consecutive terms on the same board per the provisions of Denton Code of Ordinances, section 2-65.This provision does not apply to citizen task forces and citizen ad hoc committees. e. Each city council member will be responsible for making nominations for board,committee,and commission places assigned to him or her,which shall correspond to the city council member's place. Individual city council members will make nominations to the full city council for the governing body's approval or disapproval. (4) Rules of procedure: a. All board,commission,and committee members, including citizen board,commission, and committee members,shall comply with the provisions of article II of chapter 2 of the Code of Ordinances.All board,commission and committee members, including citizen board, commission,and committee members,shall be provided a copy of these rules of procedure and a copy of the City of Denton Handbook for Boards,Commissions and Committees,which shall govern operational procedures of all boards,commissions and committees, including citizen boards,commissions,and committees.All boards,commissions,and committees, including citizen boards,commissions and committees,shall comply with these rules as to the preparation of minutes of meetings,and such minutes shall be prepared in accordance with the policies and procedures of the city secretary. Created: 2022-03-08 16:32:45 [EST] (Supp. No.33,Update 1) Page 13 of 15 62 31 b. All citizen board,commission,and committee members shall comply with the procedural requirements of the V.T.C.A.,Texas Government Code Chapter 551, also known as the"Texas Open Meetings Act"as they appear in statute or as they may be amended or otherwise modified. Notice of all meetings shall be posted in compliance with the Texas Open Meetings Act and minutes and records will be maintained in accordance with requirements of the city secretary's office. Each citizen board,commission,and committee member shall be provided a copy of the Texas Open Meetings Act. Penalty provisions of the Texas Open Meetings Act shall only apply to citizen boards,commissions,and committees with rule making or quasi-judicial power,as set forth in the Texas Open Meetings Act and as interpreted by Texas Courts.City council and city boards,commissions and committees may operate via videoconference to the extent permitted by law and as directed by council. C. Unless otherwise provided by law,the city council and each board,commission,or committee, shall adopt a regular meeting schedule by no later than the body's first meeting of the calendar year.All regular meeting schedules shall be sent to the city secretary's office for official record keeping purposes upon adoption. Regular meeting schedules should include all planned meetings the body intends to have during the calendar year. (i) Votes required. Questions on which the voting requirement is varied by the Charter,State Statutes and these rules are listed below: (1) Charter and state statutory requirements: a. Charter amendment—Five(5)votes:Ordinances submitting proposed Charter amendments must be adopted by a two-thirds(%)vote of the council. (TEX. CONST.art.XI, §3 and V.T.C.A. Local Government Code Ch. 9(Vernon 2014.)) For a seven-member council,this means five(5) members must vote affirmatively. b. Levying taxes—Five(5)votes:Ordinances providing for the assessment and collection of certain taxes require the approval of two-thirds(%)of the members of the council (V.T.C.A.Tax Code§ 302.101 (Vernon 2014)). C. Changing paving assessment plans—Five(5)votes:Changes in plans for paving assessment require a two-thirds (%)vote of the council (V.T.C.A.Transportation Code§313.053(e)(Vernon 2014)). d. Changes in zoning ordinance or zoning classifications:In cases of a written protest of a change in a zoning regulation or zoning classification by the owners of twenty(20) percent or more either of the area of the lots included in such proposed change,or of the lots immediately adjoining the same and extending two hundred (200)feet therefrom,such amendment shall not become effective except by the favorable vote of three-fourths (%)of all members of the city council; further,three-fourths (%)of all the members of the city council is required to override the decision of the planning and zoning commission that a zoning change be denied (V.T.C.A. Local Government Code§211.066(Vernon 2014))and section 35.3.4.C.(4) Denton City Code (Development Code)). ("All" members of the city council is construed to mean all who are qualified to vote on a matter, and any legal disqualification of a member could change the requisite number of votes required for passage.City of Alamo Heights v. Gerety et al., 264 S.W. 2d 778(Ct.App. —San Antonio(1954)). e. Amendment of tax abatement policy:The guidelines and criteria adopted as the city's tax abatement policy may be amended or repealed by a vote of three-fourths (%)of all members of the city council (V.T.C.A.Tax Code§312.002(c) (Vernon 2014)). (j) Severability clause. If any section,subsection, paragraph,sentence,clause, phrase or word in this section,or application thereof to any person or circumstances, is held invalid by any court of competent jurisdiction, Created: 2022-03-08 16:32:45 [EST] (Supp. No.33,Update 1) Page 14 of 15 63 32 such holding shall not affect the validity of the remaining portions of this article,and the City Council of the City of Denton,Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. (Ord. No.2001-193, § 1,5-1-01;Ord. No. 2001-204, § 1,5-29-01;Ord. No. 2002-018, § 1, 1-8-02; Ord. No. 2003- 235, § 1,8-5-03;Ord. No. 2003-373, §§ 1(6.3),2; Ord. No. 2004-033,§ 1(6.4b.,c.), 1(6.5), 2-3-04;Ord. No. 2004- 182, § 1, 7-20-04;Ord. No. 2004-298, §2,9-21-04;Ord. No. 2005-174, § 1, 6-21-05;Ord. No. 2006-175, § 1, 6-20- 06;Ord. No. 2008-159, § 1,7-15-08; Ord. No. 2009-174, § 1, 8-4-09; Ord. No. 2010-258, § 1, 10-19-10; Ord. No. 2010-312, § 1, 12-7-10;Ord. No. 2011-038, § 1,3-1-11; Ord. No. 2015-231, § 1,8-4-15; Ord. No. 2016-197, § 1, 7- 19-16; Ord. No. 2018-551, §2,4-17-18; Ord. No. 2018-574, §2,4-17-18;Ord. No. 2018-1376, §2(Att.A),8-28-18; Ord. No. 2019-2128, § 1,9-17-19;Ord. No. 19-2862, § 1, 1-28-20; Ord. No. 19-2863, § 1, 1-28-20;Ord. No. 19- 2864, § 1, 1-28-20;Ord. No. 19-2865, § 1, 1-28-20; Ord. No. 20-229, § 1, 1-28-20; Ord. No. 21-1022, §2,5-25-21) Created: 2022-03-08 16:32:45 [EST] (Supp. No.33,Update 1) Page 15 of 15 64 33 TRAVEL As the policymakers of the City, council members will be required to attend workshops, meetings, and conferences. Some events take place in the North Texas area and others may be on a state or national level and require overnight travel. Funds are budgeted to offset the cost of attending these workshops, meetings, and conferences. Staff is available to make arrangements for any travel related to city business, such as conferences. Specific information about flight options, should the destination be a substantial distance, will be provided as each conference nears. Council members are free to make their own arrangements, if they choose. Staff keeps an accurate accounting of travel and mileage funds for council members. Council members will be informed of upcoming workshop, meeting, and conference dates to ensure all council members who wish to participate can do so. Staff will inform the Council as soon as the information becomes available in order to take advantage of early registration rates. Council members who wish to attend the National League of Cities Conference, Texas Municipal League Annual Meeting, and Texas Municipal League's Elected Officials Conference will be registered as soon as the council member has confirmed they wish to attend. Each council member has the opportunity to decline attendance. Before city-related travel, each council member traveling will be provided with a travel folder. This folder will contain plane tickets and hotel confirmations, along with an itinerary or specific schedule of events. The folder will also contain an expense report form. While traveling on City business, it is imperative that council members keep all receipts so that they may be properly reimbursed for any out-of-pocket expenses. Receipts must be itemized. The current travel policy states that itemized receipts and expense reports must be returned within 20 days in order to receive reimbursement of travel expenses. The council travel policy and a schedule of annual conferences are included in the travel section of this manual. For any specific travel-related questions not answered herein, please feel free to contact the City Manager's Office. 65 34 s:\legal\our documents\ordinances\17\council travel policy ord.docx ORDINANCE NO. 2017-297 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REVISING THE CITY COUNCIL TRAVEL POLICY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 26`h day of September 2006, the City Council adopted Ordinance No. 2006-273,the City Council Travel Policy; and WHEREAS, the City of Denton's Audit/Finance Committee has reviewed and recommended approval of revisions to said Policy; and WHEREAS, the City Council desires to adopt the revised Policy as an official policy for payment of City Council travel expenses;NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following Policy entitled "City Council Travel Expenses," attached hereto and made a part thereof, is hereby adopted as an official policy of the City of Denton,Texas and shall replace the existing Policy adopted by Ordinance 2006-273. SECTION 2. The attached Policy shall be filed in the official records of the City Secretary. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the .....w day of (DC+Ok)21r , 201T Cll I.1�� `�"ATTS, MA� YOR.... ......... ...m� � .. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY; APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY 66 35 CITY OF DENTON PAGE 1 OF-7 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: ACCOUNTING REFERENCE NUMBER: SUBJECT: REIMBURSEMENT OF CITY COUNCIL EXPENSES INITIAL EFFECTIVE DATE: 10/01/06 TITLE: CITY COUNCIL TRAVEL POLICY LAST REVISION DATE: 10/17/17 ADMINISTRA"11VE PROCEDURES: The City of Denton will pay reasonable expenses, which are incurred in the course of City-related business travel. The City has two objectives when paying travel-related expenses: (1) To provide Council members sufficient funds to execute business on behalf of the City and (2) to safeguard City funds by paying only reasonable and necessary expenses. This administrative directive outlines what constitutes a reasonable and necessary expense. Council members are responsible for insuring that travel expenditures comply with this administrative directive and for the thorough review and approval of all documents necessary for the travel transaction. Council members have the discretion to implement more restrictive procedures and/or guidelines for their individual travel. The purpose of the required documentation is to provide sufficient evidence to anyone, who reviews the travel transaction, that public funds were expended in compliance with this administrative directive. Council members traveling on behalf of the City of Denton are expected to utilize services and accommodations appropriate for the business to be conducted. Council members are expected to travel and conduct business in reasonable comfort and exercise good judgment in distinguishing between comfort and extravagance. I. Apjir yal l ecigir ed for Travel Olt �, Bj siliesws. The City will pay travel and registration fee expenses required for City business or to enhance the knowledge of the individual for the benefit of the City. ACCT/POLICY/COUNCIL 67 36 PAGE 2 OFm,,,,,,7 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (t:ojitin ued TITLE: TRAVEL EXPENSES REFERENCE NUMBER: A. Travel Advance Request Form: An advance for estimated travel expenses may be requested. The Travel Advance Request Form must be signed by both the requesting Council member and the Mayor or City Manager. The form must include the purpose of the trip, the destination (city and state), and the departure/return dates and times. Travel Advance Request Forms should not be submitted sooner than two to three weeks prior to the trip. Following a trip, Council members must account for their travel advance by completing and submitting an Expense Report Form to Accounts Payable within twenty (20) working days of their return date. Unused travel advance money must be reimbursed to the City and supporting documentation (receipt) attached to the Expense Report Form. Travel out of the country will be allowed a reasonable extension to allow for the correct exchange rate calculation. B. Expense Report Form: An Expense Report Form must be completed for all travel. The form must include the purpose of the trip, the destination (city and state), and the departure/return dates and times. All receipts and supporting documents must be attached to the Expense Report Form. Receipts should be affixed in date order to an 8 1/2 x 11 sheet of paper and attached to the Expense Report Form, and then forwarded to Accounts Payable after being reviewed and signed by the Mayor or City Manager. II. Reimbursable E x The City will pay a Council member's actual expenses as authorized within this administrative directive. Itemized rccei is uauuust ue Drovided for all ex enses. Receipts must be an iteuaaized copy l`roaua the yend.or aauad uaot "uust the credit owd ;sli a/laaula n e due. Failure to saubinit itemized, recei:ats will render those a cusses uaraua-reivaabauu°saalale. Council members should use the most economical means available when using City funds. A. Meals: 1. Travel-related meals will be reimbursed if an overnight stay is required, if multiple trips are required during two or more consecutive days, or City related travel that does not include an overnight stay (e.g., conference/business meetings in Dallas or Austin). 2. The City will not pay for meals for individuals who are not employed by the City of Denton except with the written approval of the Mayor or City Manager stating the business purpose of the meal. If an exception is granted, an itemized meal receipt with attendee names must be attached to the Expense Report Form. 3. The City will pay for meals at scheduled seminars, training sessions, and other meetings, but will not reimburse for meals elsewhere if the meal cost was included in the conference fee. A conference itinerary/schedule must be included as supporting documentation. The City will not pay for social or recreational conference functions that are separate ticketed events not included in the base conference registration fee without prior written approval of the Mayor or City Manager. ACCT/P®LICY/COUNCIL, 68 37 3 OFW..7 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Continued TITLE: TRAVEL EXPENSES REFERENCE NUMBER: B. Entertainment: The City of Denton will not reimburse Council members for entertainment unless it is necessary for the purpose of the trip. Written approval from the Mayor or City Manager stating the business purpose must be attached to the Expense Report Form. C. Alcoholic Beverages: Under no circumstances will the cost of alcoholic beverages be reimbursed. D. Transportation: 1. First-Class Accommodations: Council members may choose to travel first-class, but the City will only pay coach or tourist class fares. 2. Commercial Airlines: The City of Denton will pay for coach roundtrip airfare. Council members are expected to take advantage of discounts whenever possible. However, Council members are not required to fly at unusual times just to qualify for discounts. Council members may retain frequent flyer miles and similar travel awards; however, he/she shall not pay a higher price for the fare in order to obtain frequent flyer miles. 3. Private Air Carriers and Charters: Council members shall not use private airplanes or charters without approval of the Mayor or City Manager. Cost savings or emergency schedule requirements must be shown and included with the Mayor or City Manager's written approval. 4. Vehicle Rental: When renting vehicles, the Council member's personal auto insurance is the primary source of coverage in the event of an accident. The appropriate size of the rental vehicle should depend on such factors as the number of passengers, and the amount of luggage and/or equipment being carried. 5. Taxi: The City will reimburse Council member's taxi fares for required transportation. When possible, a receipt must be attached to the Expense Report Form. 6. Personal Vehicles: Council members may use their personal vehicle for out-of-town travel or same day (in-town) travel. A mileage log or other supporting documentation must be attached to the Expense Report Form. The City of Denton will pay the Internal Revenue Service mileage reimbursement rate in effect at the time of travel. When a Council member's travel destination is more than 300 miles from the point of departure (one-way), the City will not reimburse the Council member for expenses, such as lodging, meals and incidentals, while in transit, which exceed the cost of a 21-day advance round-trip coach airfare. a. Personal car travel reimbursement is limited to the lesser of either the cost of making the trip by 21-day advance coach airfare or mileage reimbursement. Appendix A is ACCT/POLICY/COUNCIL 69 38 PAGE. ....,_OF„ 7, POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE -on fin l TITLE: TRAVEL EXPENSES REFERENCE NUMBER: provided to help calculate the least expensive travel method, which is the amount that will be reimbursed. b. The City will pay for any additional City-related mileage at the destination. A mileage log (Appendix B) or other supporting documentation must be attached to the Expense Report Form. c. The City will pay for same day or in-town City-related mileage. Same day or in-town travel events may include City-related ceremonies and receptions, transportation and mobility meetings/committees, and NTCOG meetings. A mileage log (Appendix B) or other supporting documentation must be attached to the Expense Report Form. d. The City will pay for actual parking expenses, including airport parking. Mileage reimbursement to the airport will be calculated from the Council member's point of departure. e. If a Council member is driving a personal vehicle outside of the City and has car failure, the City will pay the expense of towing the vehicle to the nearest garage, over and above the Council member's personal towing insurance coverage. The Council member must pay for all repairs. The towing invoice and insurance documentation, reflecting amount covered, must be attached to the Expense Report Form. E. Accommodations: The City will pay actual expenses for hotels, motels, or other lodging. City Council members are not exempt from hotel,taxes, and will be reimbursed for such taxes. The City will pay no more than the cost of a single occupancy room. If a Council member shares a room with someone who is not an employee or official of the City or who is not traveling on City business, and the room cost is higher than the single room rate, the bill must be adjusted for the difference in cost. F. Telephone: The City realizes that while out-of-town on City business there are personal matters that must be attended; therefore, the City will pay the cost of one personal phone call each day (not to exceed 10 minutes). The City will reimburse Council members for all business calls. All phone calls must be documented as to whether personal or business in nature. It is recommended that Council members purchase prepaid calling cards, which are less expensive than hotel long distance rates. Internet connection fees incurred for business purposes will be reimbursed, if approved by the Mayor or City Manager. G. Incidental Expenses: The City of Denton will not pay for dry cleaning, shoe shining, haircuts, magazines and books, tickets to the theater, sports events, or other such incidental expenses. Incidental expenses covered include: fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards or stewardesses and others on ships, hotel servants in foreign countries, and transportation between places of lodgings or business and places where meals are taken. ACC T/POLICY/COUNCIL 70 39 PAGE 5OF.7 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (C,ont.ptle TITLE: TRAVEL EXPENSES REFERENCE NUMBER: H. Travel on Behalf of Other Agencies: With the approval of the Mayor or City Manager, Council members may be authorized travel on behalf of other organizations. In unusual circumstances, the Mayor or City Manager is authorized to approve an advance of City funds for travel expenses incurred on such trips. The same guidelines outlined in this administrative directive must be followed. III. Other Authorizations/Approvals. Expense Report Form approval for Council members will be the Mayor or City Manager. Expense Report Form approval for the Mayor will be the City Manager. ACCT/POLICY/COUNCIL 71 40 PAGE 6 OF-7, POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Continued TITLE: TRAVEL EXPENSES REFERENCE NUMBER: .. .__...__.. .. ...... APPENDIX A AIRLINES PERSONAL VEHICLE Airfare* miles @ cents= Airport Parking Destination Parking Transportation To/From Airport Additional Lodging Other Additional Meals Total Cost Total Cost Lesser of above columns is the maximum reimbursement when choosing to drive to a destination versus flying. *A 21-day advance shall be used for airfare cost unless there are extenuating circumstances. A brief explanation of these circumstances must be provided below. A price quote must be attached to this form in order to obtain reimbursement. This quote may be obtained via the Internet web page of the appropriate major airline. ACCUP®LICY/COUNCIL 72 41 PAGE.,70F.....7 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: TRAVEL EXPENSES REFERENCE NUMBER: APPENDIX B MILEAGE LOG NAME: . ........... ................. TOTAL BEGINNING ENDING TRIP DESTINATION - ATE ODOMETER ODOMETER MILEAGE FROM/TO 0 0 0 ................................ -—------------- -------- 0 ........................ 0 ............... ..................................... ------- 0 ..................................................................... ............... ............-.1...... 0 ...................... 0 ............. ................................. 0_____ — 0 ----------------------------------------------------- ------ 0 TOTAL MILEAGE FOR REIMBURSEMENT 0 -Miles X cents ACCUPOLICY/COUNCIL 73 42 AFFILIATIONS AND CONFERENCES The City of Denton is a member of several municipal-related organizations. Throughout the year, the mayor and other council members are invited to attend conferences and events hosted by these organizations. Traditionally, the mayor and/or council members may attend conferences and events for the following organizations: National League of Cities The National League of Cities (NLC) represents 49 state municipal leagues, including the Texas Municipal League, and approximately 1,800 member cities, towns, and villages of all sizes in every state. Through the member-state municipal leagues,NLC represents 18,000 municipalities. NLC is the only national organization which encourages full participation by the entire City Council, not just one or two top elected officials. The larger the membership, the greater NLC's lobbying clout in Washington, D.C. Membership in NLC also gives city officials and their staff access to numerous practical resources, including education and training programs, technical assistance,research and inquiry services, and publications. The NLC holds two annual national conferences. The NLC Congress of Cities is held each winter, usually in December, at various locations around the country. The NLC Congressional City Conference is held each spring,usually in March, in Washington,D.C. Visit their website for more information at www.nlc.ora. Texas Municipal League The Texas Municipal League (TML) exists solely to provide services to Texas cities. Since its formation in 1913, TML's mission has remained the same: to serve the needs and advocate the interests of its members. The TML constitution states that the purpose of TML is to "render services, which individual cities have neither time, money, nor strength to do alone." Overall, 1,064 cities out of a total of 1,202 incorporated cities in Texas are members (88 percent). TML has over 300 associate members comprised of private sector companies, organizations, and individuals striving to provide quality services to municipal government. TML holds their annual meeting each fall in various cities around the state. TML regularly holds educational workshops on varying topics of municipal interest. Historically, the mayor and a majority of the council members attend the annual meeting. For more information about TML, visit its website at www.tml.or,g. TML has 21 different affiliate groups and the Association of Mayors, Council members, and Commissioners (AMCC) is the affiliate group created for elected officials. AMCC holds an educational institute each year with topics designed for elected officials. 74 43 North Central Texas Council of Governments The North Central Texas Council of Governments (NCTCOG, which is also referred to as COG) is a voluntary association of local governments established in 1966 to assist local governments in planning for common needs, cooperating for mutual benefit, and coordinating for sound regional development. NCTCOG's purpose is to strengthen both the individual and collective power of local governments, to help them recognize regional opportunities, eliminate unnecessary duplication, and make joint decisions. NCTCOG serves a 16-county region of North Central Texas, which is centered around the two urban centers of Dallas and Fort Worth. Currently, NCTCOG has over 230 member governments including all 16 counties, 163 cities, 26 school districts, and 26 special districts. NCTCOG is another source for providing research, training, education, technical assistance, and publications to assist its members. To learn more, visit the COG website at www.nctcog.org. North Texas Commission The ongoing mission of the North Texas Commission (NTC), which was founded in 1971, is to achieve regional cooperation and action and to help market and develop the DFW International Airport and the Metroplex. NTC is a non-profit, membership supported organization made up of about 400 North Texas businesses, cities, counties, chambers of commerce, economic development entities, and higher education institutions. Its purpose is to enhance and promote the economic vitality and quality of life of the DFW Metroplex by providing leadership and acting as the catalyst for regional cooperation. To learn more about NTC, visit its website at www.ntc- dfw.or . U.S. Conference of Mayors The U.S. Conference of Mayors (USCM) is the official, non- partisan organization of cities with populations of 30,000 or more. There are over 1,130 such cities in the country today. Each USCM member city is represented by its chief elected official, the mayor. The primary role of the USCM is to promote the development of effective national urban/suburban policy, strengthen federal-city relationships, ensure the federal policy meets urban needs, provide mayors with leadership and management tools, and create a forum in which mayors can share ideas and information. The USCM winter meeting is held each January in Washington, D.C., and the USCM summer meeting is held each June in a different U.S. city. Additional meetings and events are held as directed by USCM leadership. Find more information on the USCM website at www.usma, o�g. 75 44 ANNUAL CONFERENCE SCHEDULE CONFERENCE DATE LOCATION USMC Winter Meeting January18-21, 2022 Washington, DC NLC Congressional City Conference March 26-28, 2023 Washington, DC USMC Annual Meeting June 03-06, 2022 Reno, NV TML Newly Elected City Officials Orientation Jul 21-22, 2022 Allen, TX TML Annual Conference and Exhibition October 05-07, 2022 San Antonio, TX NLC City Summit (formerly Congress of Cities) November 16-19, 2022 TBD 76 45 Media Contact The Public Information Officer(PIO) is responsible for contacting the media with news items.The PIO also documents media interactions and is available to assist in the event that the media contacts an individual Council member for comment on an issue. If you speak with the media, it may be helpful to notify the PIO of the interview and the reporter's name and contact info.The PIO can then follow up with the reporter, make sure they received all the information they needed, determine when the story will appear, and, if necessary, notify the entire City Council by email if the media story will generate broad community interest. If an on-camera interview is scheduled, staff recommends the PIO be notified prior to the recording. In speaking with a member of the media, Council members may find the following suggestions helpful in successfully communicating to the public: • Know your subject matter. Staff is available to prepare you for any issue. • If you don't know an answer, don't attempt to guess; politely let them know you will have staff get back to them with an answer, if appropriate. • Where possible, dress professional and appropriate to the occasion. • Put yourself in a comfortable position in an appropriate setting/background. • Look at the reporter, not the camera when conducting an on-camera interview. • Speak clearly, slowly, and audibly. • Avoid jargon or acronyms. • Use every opportunity to get your message out (three-to five-second sound bites). • Be sincere in your facial expressions (concern, sympathy, etc.). • Be approachable- it is okay to smile or laugh. • Credibility is everything. • Take control of the interview. You determine where and when you want to be interviewed. When talking with the media, also watch out for some common missteps: • Be sure to counter negative or inaccurate statements. • Avoid responding to third-party comments that you have not heard directly. • Avoid speculation. If you don't know, you don't know. • It is never wise to comment on pending litigation. Take the high road: "since this is pending litigation, it would be inappropriate to discuss the issue." • Be careful about discussing human resources/employment issues. • Never lose your cool.Take a break from the interview if needed. • Don't be afraid of silence. (Avoid talking just to fill in the void.) • Never use "no comment." It is okay to say, "I don't know." • Nothing is really 100 percent off the record. Public Information Officer: Stuart Birdseye Office: (940) 349-8009 Cell: (940) 349-8009 Email: Stuart.Birdseye@cityofdenton.com 77 46 Boards & Commissions Appointment Process The board and commission member appointment process is administered by the City Secretary's Office (CSO). Board and commission members serve staggered terms to ensure continuity of operations. Each City Council member may nominate one member to each body. Some bodies will have alternate or at-large positions for which any member of the City Council can submit a nomination. It is an accepted practice that a Council member will nominate only one person to each of those seats on any given board. City Council approves all board nominations at an official meeting. Prospective board and commission members must complete an application prior to appointment. The City Secretary's Office partners with the Public Affairs to advise the public of available service opportunities on these boards and direct them to the application portal. Existing board and commission members that wish to be reappointed due to an expiring term are requested to submit an updated board and commission application. As applications are received, the CSO coordinates a review process to ensure prospective board and commission members are residents of the city, have no obligations owed to the city, and meet any special qualifications of a board, as applicable. These requirements are largely required by ordinance. In August of each year, Council members are provided an overview of the appointment process. During this time, they will also be notified of which vacancies are available to be filled and if a specific Council member may provide the appointment, as applicable. This overview also includes information to assist Council members in determining whom they wish to (re)nominate to fill an existing vacancy, as long as that member has not served the 3 two-year limit (totaling 6 years of service). In submitting nominations for boards or commissions, Council members are asked to provide the CSO the following identifying information for each nomination: • Name of Nominee • Board to which (re)nominated • Special qualification,if known • Seat to which nominated (single-member,at-large or alternate) • Contact Information (if a nominee is not on the applicant list provided by the CSO) Only nominees that have been fully qualified for service are scheduled for appointment by City Council. Floor nominations at a Council meeting are not accepted. Once confirmed by City Council, (re)appointees are provided a New Member Packet containing applicable member information/post-appointment paperwork that must be submitted within city- established deadlines. 7s 47 Madison Rorschach was appointed City Auditor by the City Council in August 2020. As City Auditor, Madison directs all aspects of the City's Internal Audit Department, which provides independent and objective evaluations of the City's functions and services. These evaluations include: • Audits of the City's compliance with applicable regulations, controls over City resources, and efficiency and effectiveness of MADISON RORSCHACH City processes; City Auditor Phone: (940) 349-7228 • Investigations of fraud,waste, and abuse concerns submitted Madison.Rorschach@cityofdenton.com through the City's anonymous reporting hotline; and • Analyses of how City processes were applied to a specific situation per the City Council or City management's request. This work enhances accountability and transparency throughout the City and has resulted in significant improvements, including further oversight of City procurements, enhancements to the City's revenue structures, increased assurance of roadway construction quality, and more. In addition to these evaluations, Madison is honored to serve as the staff liaison to the City's Board of Ethics. Over the next few years, Madison plans to develop a fraud detection program and establish a routine auditing program. The fraud detection program will allow the City to proactively identify potential fraudulent transactions and spending patterns. Meanwhile, implementation of a routine audit program will ensure that high-risk areas of the City receive more frequent, regular reviews. Before coming to Denton in January 2019, Madison worked as the Assistant City Auditor of College Station, Texas. Madison has Bachelor of Science from Texas A&M University and is a Certified Internal Auditor and Certified Government Auditing Professional. She has worked on five award-winning audits over the past seven years— including an audit of Denton's Roadway Quality Management processes and Water Rate Structure. Madison currently serves the Association of Local Government Auditors as an At-Large member of the Board of Directors and previously served as the Diversity, Equity, and Inclusion Committee Chair. She has authored several articles on government auditing practices and has presented at several internal audit training conferences CITY and events. OF DENTON 79 48 CITY AUDITOR ORGANIZATION CHART city Auditor Senior"' Senior Audito- Auditor ao 49 Mack Reinwand is the City Attorney. As City Attorney, he serves as chief legal advisor for the City Council, the City Manager and staff, City boards and commissions, and represents the City in all legal proceedings. Mack began his career with the City of Arlington and later represented .' municipalities throughout DFW in private practice before joining the Denton City Attorney's Office in 2018. MACK REINWAND City Attorney Phone: (940) 349-8333 Mack.reinwand@cityofdenton.com CITY OF DENTON 81 50 ATTORNEYCITY ORGANIZATION CHART City Attorney 82 51 First Assistant Administration City Attorney Manager 8 Deputy City Attorneys Paralegal Lead Management Prosecutor Analyst Legal Assistant Legal Assistant Legal Assistant The Presiding Judge of the Denton Municipal Court leads the Judicial Branch of City Government. The Municipal Court is a "State Court" that is hosted by the City of Denton.The Judge independently acts when making individual decisions on cases. However,he necessarily partners with Council, staff,and community members to accomplish the goals of the Court. The Judge is always available to Council if you have questions or concerns.The Judge is available to join a councilmember in any public speaking engagement with the community. Judge C.Tyler Atkinson joined the City of Denton in July 2020. He graduated from Baylor Law School in 2010 and was hired as a prosecutor with the City of Fort Worth.In 2014,Judge Atkinson became the youngest Judge in Texas when he took the bench in Fort Worth. The Judge is known in the legal community for utilizing technology to increase access to justice. C.TYLER ATKINSON There are two main "hats" that the Judge wears - that of a "Judge" and that of a Presiding Municipal "Magistrate." As a Judge, Judge Atkinson presides over all cases filed with the Court Judge Denton Municipal Court by the Denton Police Department, Denton Code Enforcement Officers, UNT Police, and TWU Police. The subject matter includes, Phone: (940) 349-8139 among others, ordinance violations such as a high grass charge,Texas Penal Code Tyler.Atkinson@cityofdenton.com offenses such as theft or assault, Texas Alcohol and Beverage Code offenses such as minor in possession of alcohol, Texas Transportation Code offenses such as speeding, and also Federal Regulation of commercial motor vehicle. For these cases,the Judge presides over pretrial hearings,juvenile dockets,jury trials,show cause compliance dockets,payment plans,community service, indigency waivers, warrant issuance,dangerous dog determinations,and animal and code dockets. As a Magistrate, Judge Atkinson acts on behalf of the higher courts in Denton County to decide specific small issues on higher criminal charges.These are often referred to as "jail functions" and are the beginning stages of the criminal justice process.Judge Atkinson reviews and issues arrest and search warrants-including overnight blood warrants (24/7) for a DWI investigation. Upon a defendant's arrest, the Judge will read the person their rights, set bond and bond conditions, determine if they need a court-appointed attorney, and order mental health services with Denton County MHMR if appropriate. For Family Violence offenses, the Judge will often issue an order of protection for the alleged victim. Judge Atkinson desires that the Denton Municipal Court reflect the needs and character of the Denton community. The Judge believes that no one should be afraid to contact the Court to resolve their citations.Judge Atkinson and court staff actively work to remove barriers that keep defendants from resolving their citations.The Judge has removed policies that previously required cash bonds for a reset to speak the Judge. Also, the new Court Administrator Jamie Lindsay has removed burdensome requirements to obtain a payment plan. The Judge supervises a Judicial Coordinator and several Part-Time Judges. All Court processes will indefinitely be conducted virtually with in-person options DENTONavailable for those who lack the technology for a virtual proceeding. Under Texas Supreme Court orders,the Court is not holding jury trials at this time.Citizens have expressed gratitude and appreciated for the virtual court format. Statewide, the virtual format will be an integrated component of Texas Courts moving forward. The Judge actively advises other courts across the State on effectively running a video court-representing Denton as a leader in this area of court innovation. 83 52 CITY OF DENTON CITY OF CORE VAL DENTON I NTEGRITY Making sure that with every decision we make, our actions match our values. FISCAL RESPONSIBILITY Ensuring that people can trust that we use public funds conscientiously, with the community's best interest in mind . INCLUSION Creating a culture where all people feel a sense of belonging and support by valuing each other and our differences. 0 TRANSPARENCY Building an environment of trust by interacting with others honestly as well as collecting and sharing clear and concise information. OUTSTAN D I N G CUSTOMER SERVICE Employing a holistic approach to problem - solving and providing responsive service that goes above and beyond expectations. r- -1 ........................................................................................................... Citizens of Denton ......................................................................................................... ................................................................................................. ............................................................................................... City Council ............ ............ ............ ............................................................................................................................................ City Attorney City Auditor City Manager Municipal Judge Board, Commissions, Mack Reinwand Madison Rorschach L Sara Hensley Tyler Atkinson &Committees ................................................................................................................................ .........................................:......................................... io io io io Deputy City Manager Assistant City Manager Assistant City Manager Chief of Staff DME Human Resources David Gaines Frank Dixon Christine Taylor Ryan Adams Tony Puente Tiffany Thomson •Risk Management Finance Police Parks and Recreation City Secretary •Safety Cassey Ogden,CFO Vacant Gary Packan Rosa Rios •Budget&Accounting •Purchasing&Grants Fire/EMS Library Customer Service •Compliance Kenneth Hedges Jennifer Bekker &Public Affairs •Municipal Court Ryan Adams Public Safety Water Utilities Strategic Services Communications Communications Stephen Gay Vacant 311 System Suzanne Kaletta Economic Development Solid Waste&Recycling Vacant Facilities&Airport Brian Boemer Effective 3/21/22 Scott Gray Development Services Environmental Services Scott McDonald Community Services &Sustainability Dani Shaw Michael Gange •Planning• CITY Animal Services Real Estate CITY •Building Inspections Technology Services Leisha Meine DENTON Engineering/ Capital Projects Becky Diviney CITY O F DENT 0 N P ubi c Work Ethan Cox s ORGANIZATIONAL CHART •Streets/Traffic/Drainage 85 •Fleet Services 54 Sara Hensley was appointed City Manager in March 2022. Sara joined the City of Denton in May 2019 as the Assistant City Manager, was promoted to Deputy City Manager in July 2020, and Interim City Manager in February -' 2021. She brings with her more than 20 years of public service and leadership experience to the position. Sara most recently served as the Parks and Recreation Director for the City of Austin and served as Interim Assistant City Manager for two years. She led large-scale teams in multiple program and service areas and operations, served as the executive lead for several citywide cross-departmental efforts, and had frequent interactions with elected officials, community stakeholders, and residents. SARA HENSLEY Sara holds a Bachelor of Science and Master of Education from the City Manager University of Arkansas and is a graduate of the Executive Development Phone: (940) 349-8224 Program at Indiana University. Before her recent roles with the City of Sara.Hensley@cityofdenton.com Austin, Sara was the: o Director of Neighborhood Services, Animal Services, and Parks and Recreation for the City of San Jose, California o Director of Parks and Recreation for City of Virginia Beach, Virginia o Director of Parks and Recreation for the City of Phoenix,Arizona CITY OF DENTON 86 55 David Gaines was promoted to the role of Deputy City Manager in March 2022. Gaines was previously the City's Assistant City Manager & CFO and brought more than 14 years of municipal experience to the position. Gaines began his career with the City of Carrollton and has worked for the City of ` Grand Prairie, City of Celina, Brushy Creek Municipal Utility District, and City of Dublin, Ohio. Gaines has led many large projects, fostered a culture of collaboration, and prioritized transparency and accountability throughout his career. Gaines received both a Bachelor's in Economics and a Master's in Public Administration from the University of North Texas. DAVID GAINES Deputy City Manager Phone: (940) 349-8260 David.Gaines@cityofdenton.com CITY OF DENTON 87 56 Frank Dixon was sworn in as the Chief of Police on October 11, 2018. On February 5, 2021, he was appointed Interim Assistant City Manager and was officially named Assistant City Manager on March 19, 2022. Frank enjoys working within the Denton community and currently serves on the Salvation Army Advisory Council, United Way of Denton County Board, and the CASA of Denton County Board of Directors, amongst a few. Chief Dixon believes that the fundamental base for an effective police department is developing and improving relationships within all segments of the community. He believes that protecting our victims and survivors while holding offenders accountable, is essential to providing a safe and livable city for everyone to enjoy. Frank is a United States Marine Corps veteran and obtained his FRANK DIXON Bachelor of Science and Master of Science degrees in Criminal Assistant City Justice from Lamar University. He is also a graduate of the Police Manager/Chief of Police Executive Research Forum's Senior Management Institute and the Phone: (940)349-7953 Major Cities Chiefs Association Police Executive Leadership Frank.Dixon@citydenton.com Institute. He is married to Angela, a Registered Nurse,with whom they have two children. Chief Dixon began his law enforcement career at the Austin Police Department in 1995, where he served as a Patrol Officer, Field Training Officer,and Street Response Unit member through 2001. He was then promoted to Detective, where he was assigned until 2009 when Frank was promoted to Sergeant. In 2014, Frank was promoted to Lieutenant, a position he held until 2016. In March of 2016, Chief Dixon was appointed an Assistant Chief of Police by then Chief Art Acevedo. Frank managed the South Patrol Bureau, including the Austin/Bergstrom International Airport, uniformed patrol services, Highway Enforcement Command, and Special Operations, including SWAT, Bomb Squad, K-9, and Air Support Unit. He also led the department Special Response Team,which deployed to Cleveland, OH for the RNC in 2016, and the Presidential Inauguration in January 2017. �'� DENTON 88 57 Christine oversees Technology Services, Water Utilities, Solid Waste, Parks and Recreation, Library, Environmental Services and Sustainability. Christine worked for the City in the Customer Service Department from _y 2001 to 2006 and returned again in 2008. Upon her return, Christine r- worked as a Budget Technician, then Financial Analyst in the Finance Department for eight years. During her time in Finance, she gained extensive experience working on operating and capital budgets, cost allocation, and the City's 2014 Bond Program. In 2016, Christine left the Finance Department and moved to Parks and Recreation to serve as the Business Manager where she oversaw the budget of 13.3 million dollars, Civic Center Operations, and the Public Art Program. While in Parks, Christine gained valuable operations experience and developed the department's first capital maintenance program. Two of the more CHRISTINE TAYLOR rewarding projects while in Parks included the design and installation of Assistant City Manager the Medallions on Interstate 35E, and the 9/11 Memorial Bell Tower located in front of Central Fire Station. Phone: (940) 349-7899 Christine.Taylor@cityofdenton.com Christine's next operational move was to the Fire Department where she served as the Administration Manager overseeing the department budget of 28.7 million dollars and took on the role of the City's Privacy Officer. Prior to leaving Fire, Christine was the lead on the formation of the City's Charity Care Policy. The next challenge involved moving to Capital Projects to serve under the City Engineer as the Deputy Director of Development Review. This was an exciting opportunity to develop multiple procedures for development review and bring together multiple cross disciplines. In 2020, Christine was promoted to the Director of Procurement and Strategic Services which oversaw Purchasing, Compliance, and the Warehouse. Working in this role Christine was able to work closely with departments on contracts,process improvement, and compliance, which focuses on the employee ethics. In addition, Christine was the project co- lead for the Hunter Cole Project, and led various projects and process improvements that cross multiple departments. Christine received her Master of Public Administration from the University of North Texas, along with her Bachelors. Christine and her husband Luke have been married for 20 years and have three children, two that are in college at the University of North Texas and Hendrix College in Arkansas. Their youngest song is six and keeps them busy along with their two-year- coF old Terrier pup named Joe. DENTON 89 58 � v C7 d Pursue Organizational Enhance Infrastructure Foster Economic Excellence & Mobility Opportunity & Affordability Develop & Implement Improve Capital Project Update the City's American Rescue Plan Planning &Communications Comprehensive Plan Funding & Programs Finalize Mobility Plan Update Develop an Affordable Housing Strategy O Strengthen Community Promote Sustainability Support Healthy & Services & Quality of Life & the Environment Safe Communities Continue to Strengthen Complete the Solid Waste Continue COVID-19 Response Homelessness Intiatives Comprehensive & Housing Crisis Management Strategy Response System CITY Fiscal Year 2022-23 OF DE Denton City CPriorities Scott joined the City of Denton in May 2017, first serving as the Airport Manager and in March 2020 was promoted to Director—Airport and Facilities. He brings nearly 30 years of experience to the City of Denton team with experience that includes all facets of airport management, administration, operations, development, construction, and planning. Mr. Gray previously served the Airport Executive Director, with the Redevelopment Authority of the County of Washington, PA, for six years; Director, Airport Management Services, with L.R. Kimball, an engineering and planning firm, for nearly two years; as the Aviation Director for Scottsdale Airport, AZ for ten years after performing as Airport Administration Manager for two years; Airport Planner, Coffman Associates, for six years; Airport Operations Specialist, Scottsdale Airport, for two years; and summer positions as the Noise Abatement Specialist, Phoenix Sky Harbor International Airport and Airport Planning Intern, State SCOTT GRAY of Arizona. Director of Airport and Facilities Scott has testified at both Arizona and Pennsylvania State Legislatures, Phone: (940) 349-7744 presented at national and state aviation and economic development scott.Gray@cityofdenton.com conferences on a variety of topics, is very comfortable in dynamic and challenging environments with strong analytical skills and working knowledge of FAA regulations, and holds a private pilot's license. Scott has a Bachelor of Science in Airway Science Management from Arizona State University. He has been involved in numerous national and state aviation organizations and has been recognized with several awards. He is currently the Vice President of the Texas Airports Council. CITY OF DENTON 91 60 AIRPORT AND FACILITIES ORGANIZATION CHART Director-Airport and Facilities Scott Gray Facilities Maintenance & Facilities Airport Projects Airport Operations Administration J Administration William Wilson Marissa Barrett Chase Patterson Leanne Hood Construction Contractor Operations Coordinator Coordinator (1) Coordinator (1) Project Management Field Service Technician (2) Analyst (1) Worker III (2) Facilities Supervisor Trades Technicians (8) 92 61 AIRPORT AND FACILITIES SUMMARY OF SERVICES Denton Enterprise Airport, the busiest general aviation airport in the State of Texas,provides aviation services and facilities to the City of Denton and surrounding community. The business services provided at the airport include fuel services, full service aeronautical maintenance and repairs, on-site avionics, hangars, tie downs, flight schools, fixed base operators, and rental vehicles. Denton Enterprise Airport also hosts the main weather station for the Denton County area, and acts as a regional economic hub. It is utilized by businesses, emergency services, and the military and used for medical transport, personal, recreation, and education. Facilities Management is responsible for the preventative maintenance & care of all City owned facilities, vertical construction, and renovations, as well as security access control systems, Employee ID cards, and janitorial services. The department maintains construction contracts, which includes supervision of architects, consultants, and contractors. Facilities Management is responsible for a Capital Improvement Program(CIP) encompassing all City vertical construction (excluding electric substations, lift stations, pump stations, etc.) and the Facilities Maintenance Program (formerly Roofs, Flooring& HVAC). Facilities Management is also responsible for supervising approved One Time Building Needs projects. KEY ISSUES • Airport o Coordinating with Federal Aviation Administration and TxDOT Aviation on a multi-year capital improvement program o Enhance Airport lease management and revenue generation opportunities o Continue corporate hangar development on vacant Airport property o Support City's efforts TxDOT Highways for the construction of Loop 288 • Facilities o Completion of Facility Condition Assessment for all City buildings o Conduct a Citywide Facility Master Plan o Complete construction of Police headquarters renovation, substation and firing-range o Complete Fleet Services Expansion o Complete Phase I and begin Phase II of consolidation of access control system o Develop long-term capital improvement program and building replacement program 93 62 Ryan became the Director of Customer Service and Public Affairs in July 2020 and Chief of Staff in November of 2021. In his current role, he oversees operations that include utility billing, implementation and operation of the 311/CRM system, citywide communications, intergovernmental relations, public meeting production, DTV operations, and media relations. As Chief of Staff, Ryan leads the City Secretary's Office and City Manager's Office (consisting of two Executive Assistants, a Management Analyst, and the Assistant to the City Manager). Ryan has been with the City of Denton since January of 2019, serving as Assistant to the City Manager and Deputy Director of Public Affairs prior to RYAN ADAMS his current role. Before joining the City of Denton, Ryan served the City of Chief of Staff/ Athens, TX as Managing Director of Public Services, the City of Irving, TX Director of Customer as Assistant to the City Manager, and the City of Southlake, TX. Prior to Service and Public his work in local government, Ryan was in the injury rehabilitation field. Affairs Phone: (940)349-8565 He received a Master of Public Administration in 2013 from the University Ryan.Adams@cityofdenton.com of North Texas and a Bachelor of Science from Texas A&M University in 2007. Ryan is a member of the International City/County Management Association and the Texas City Management Association. DENTON 94 63 CUSTOMER SERVICE AND PUBLIC AFFAIRS ORGANIZATION CHART Director Ryan Adams Deputy Director Customer Service Stuart Birdseye Manager Christa Foster Digital Strategies Marketing 311 Center Coodinator Administrator Coordinator DTV Manager Communications Call Center Manager Supervisors (2) Billy Matthews Justin Harmon and Staff(31) Engagement Revenue DTV Staff(3) Supervisor and Coordinator Staff(3) Marketing and Business Outreach Information Coordinator (2) Analyst System & Operations Analyst, Billing Supervisor and Staff(12) 95 64 CITY MANAGERS OFFICE ORGANIZATION CHART Chief of Staff Ryan Adams City Secretary's Office City Manager's Office Executive Assistant (2) Management Analyst Assistant to the City Manager 96 65 CUSTOMER SERVICE SUMMARY OF SERVICES • Provide customer service for the residents and businesses of the City of Denton via phone, mail, fax, electronic submissions, and in-person services. • Services include bill pay,utility service requests, connect/disconnect services, maintenance of customer accounts, and processing solid waste service requests • Collection and posting of utility revenues • Provide billing services for not only utilities but also miscellaneous bills for other departments • Accurate calculation,production, and delivery of utility and other bills to customers and citizens • Operation of a customer-facing lobby for cash payments and in-person transactions • Various reporting and analysis of payment and billing information for partner utilities and departments KEY ISSUES • Containing Customer Service costs while contending with a growing customer base and increasing expectations for service delivery • Implementation of a 311/Customer Relationship Management software to improve continuity of service, reporting of service requests, and increase both efficiency and accuracy of responses to customers • Encouraging adoption of online and self-service utility account management to improve service, increase 24-hour accessibility, and reduce staff hours necessary for in-person service and service by phone. • Implementation of a customer account management portal to improve the quality of information available to customers and enable greater opportunities for self-management and automation of customer account requests. • Effective communication of billing information 97 66 PUBLIC AFFAIRS SUMMARY OF SERVICES • Oversees citywide communication and marketing efforts. • Increase awareness of the City's programs and services while promoting and protecting its image. • Produces marketing, educational, and informational pieces for departments and City services. • Coordinates with departments to produce communication, education, and engagement campaigns for programs,projects, and services. • Designs and manages the content for all citywide print publications, including the Resident Update, Construction Guide, and Citizen Connection. • Manages the Discuss Denton engagement platform, the City's external website, City Limits (internal news site), the City's primary social media platforms, and other digital communication channels. • Coordinates all construction communications, including the Improve Denton initiative, and assists with the planning and coordination of public meetings. • Manages City's media relations and public information function. • Produces original content for City's television and social media channels, including video and other multimedia content, and produces City Council and Board/Commission meetings. KEY ISSUES • Continue focus on the Improving Denton initiative to inform and engage residents and the public on infrastructure projects; significant time will be spent on communicating the 2019, 2014 and 2012 bond programs. • Curate strategic, media-oriented content for all communication platforms that engage, inform and educate • Broader reach and use of various engagement tools and platforms. • Overall improvement of the City's internal/employee communications. • Deploy and manage civic engagement software or explore other ways to improve solicitation and reporting of public input. • • Develop and refine communication protocols during times of emergency or crisis. • Serve as a resource for internal departments' marketing and outreach strategy development • Engage neighborhoods through defined strategies and programs in order increase resident awareness and knowledge of city issues. • Create a City of Denton brand identity to reinforce, "One City, One Voice." 98 67 Rebecca "Becky" joined the City of Denton Water Utilities Department in July 2019 as the Deputy Director of Water and Wastewater Utilities over Strategic Operations. In May 2020, Becky was appointed Deputy City Engineer and then in September 2020 was appointed Director of Capital Projects/City Engineer. Becky has more than 22 years of experience with municipal water and wastewater systems including 6 years of private sector experience with two different engineering consulting firms. Becky was an Engineer in the Capital Projects Division of the City of Denton from 2001 — 2015. Her consulting experience focused upon design work in wastewater collection systems and water distribution systems in many cities around the metroplex along with serving as City Engineer for several Cities as an additional staff consulting member. She has successfully managed construction projects with individual contract values in excess of$10 Million. ' Becky was named the Water Environment Association of Texas Emerging Leader in 2002 and Water Environment Federation Outstanding Young Water Environment Professional in 2003. Becky's duties as Director of Capital Projects/City Engineer include the REBECCA P.DIVINEY, supervisory responsibilities for four divisions: Engineering, Capital Project P.E. Delivery, Capital Project Administration and Public Works Inspection. Director of Capital Becky has a Bachelor of Science degree in Civil Engineering from the Projects/City Engineer University of Texas at Arlington and Master of Public Administration from Phone: (940)349-8461 the University of North Texas. She is a Licensed Professional Engineer. Rebecca.diviney@cityofdenton.co Becky is a member of the American Water Works Association, Water M Environmental Association of Texas and the UNT Public Administration Advisory Board. Becky has been an active member in the Water Environment Association of Texas serving in the roles of Treasurer through Past President ending in 2007 for the North Texas Section and as the Young Professionals Chair for the State ending in 2008. She is a graduate of the 2013 Leadership Denton Program and currently serves as Vice Chair of the UNT Public Administration Advisory Board. Becky's husband Justin is the CMOM Program Manager for the North Texas Municipal Water District and a former City of Denton employee who retired after 20 years of service. They have three children Juli (20), Jaci (18) and Gage (16). DENTON 99 68 CAPITAL PROJECTS AND ENGINEERING ORGANIZATION CHART City Engineer—Director of Capital 100 69 Projects Rebecca P. Diviney, PE Engineering Division Capital Projects Delivery Division Public Works Inspection Division Brett Bourgeois, PE Trevor Crain Vacant Deputy City Engineer Deputy Director of Capital Public Works Inspections Projects Manager Project Management Design 2 Program Managers Public Works Inspection 7 FTE's 6 Project Managers 10 FTE's 8 FTE's Traffic/Transportation Administration ROW/Utility Coordination 3 FTE's 4 FTE's 4 FTE's DEPARTMENT OF CAPITAL PROJECTS AND ENGINEERING SUMMARY OF SERVICES Capital Projects/—Engineering vision is to set the standard for providing infrastructure to improve the quality of life within our community. We do this by proactively collaborating with our stakeholders, delivering when promised, adhering to budgets, planning for the future, and communicating to all parties openly and transparently. The Department's main objective is to carry out the unprecedented number of capital infrastructure projects while also improving interdepartmental and third-party coordination. KEY ISSUES • Evaluate and improve Department operations to ensure our citizens and businesses are receiving exceptional service and value • Implement a consistent project management and project delivery methodology focused on engaging necessary stakeholders and effectively communicating with parties impacted by construction • Identify a consistent and predictable way to track and assess project funding for major infrastructure projects • Procured and implemented an enterprise level project management software for use by Capital Projects and other city departments and continuous training. • Implement and adhere to comprehensive workplans for the construction of roadway,drainage, utility, and traffic assets • Heighten focus on improving connectivity for alternative modes of transportation, including pedestrians, bicyclists, and persons with disabilities while planning for future growth • Adoption and execution of the 2022 Mobility Plan • Roadway Impact Fee update and adoption • Implement recommendations from operational reviews and internal audits of Capital Projects, • Improve coordination with regional partners including the Texas Department of Transportation, University of North Texas, Texas Woman's University, Denton County, Denton Independent School District and the North Central Texas Council of Governments for capital project coordination and project funding opportunities • Improve responsiveness to requests from members of the public and from elected officials, including implementation of improved proactive communication strategies • Improve talent acquisition, training and development, and employee retention • Improve department standards and improvement plans for aging infrastructure • Update department specific ordinances,policies and procedures including the annual update for the Criteria Manuals, Construction Specifications and Standard Details 101 70 Rosa was appointed as City Secretary for the City of Denton in March 2019 by the City Manager,with her appointment ratified by the City Council. The position is a statutory position required by state law and the City Charter. Rosa has more than 30 years' experience working in local government which began with the City of Garland. She has served as the City Administrator/City Secretary for the City of Cockrell Hill and as City Secretary for the Cities of Seagoville, Dallas, and Abilene. Rosa has attained her Certification as a Texas Municipal Clerk and is working toward her 3rd recertification. RoSA Rios City Secretary Phone: (940)349-8309 Rosa.Rios@cityofdenton.com yin �n DENTON 102 71 CITY SECRETARY'S OFFICE ORGANIZATION CHART City Secretary Rosa Rios Jesus Salazar Karen Gay Deputy City Secretary Assistant City Secretary Eric Chasco Records Management Specialist 103 72 CITY SECRETARY'S OFFICE SUMMARY OF SERVICES • Open Meetings Administrates the City Council agenda process;posts agendas,meeting notices and other public events online and in hard copy form; attends all meetings of the City Council, prepares minutes to accurately reflect proceedings/actions taken and posts online; prepares vote records of such actions for applicable meetings; ensures compliance with all components of the Open Meetings Act; maintains certified agendas for all closed meetings, and retention of same. • Elections Serves as the election official for city-wide elections and ensures compliance with all city, state, and federal election laws and policies; ensures elections are conducted and that candidates/incumbents are treated in a fair and impartial manner; serves as local filing authority for campaign related reports mandated by State law, to include Personal Financial Statements, oaths of office, and statements of appointed officer forms; prepares related ordinances, resolutions for City Attorney review and City Council adoption; reviews applications for a place on the ballot and qualifies candidates for same; prepares and publishes all election-required legal notices; works with Denton County Elections Department who provides election related services. • Boards, Commissions and Committees Facilitates and coordinates the board and commission appointment process by reaching out to interested individuals/current board members to determine (continued) interest in serving; receives applications and reviews/conducts background checks to ensure qualifications for service are met; tracks/monitors terms of service and assignment of same; maintains database of members; City Council Committee appointments. • Open Records—Public Information Act Serves as the public information officer for the city; establishes related policies/compliance with same; coordinates with city departments to ensuring all open record requests are timely processed/addressed in accordance with the Texas Public Information Act and city procedures. • Records Management Serves as the records management officer and custodian of all official records for the city; establishes related policies/compliance with same to meet requirements of State law; assists departments in identifying, maintaining, storing, imaging, purging, and preserving city records; use of Laserfiche as the electronic record keeping medium; holds and maintains the City seal, affixing it to all instruments requiring such a seal; certifies the authenticity of records;maintains the City's history of Denton's City Government; and attests contracts and other legal instruments executed by authorized city officials. 104 73 • Code of Ordinances Serves as the codification administrator and works with codification vendor to codify the applicable ordinances/amendments to city code to make same easily available online; ensures accuracy of codification and maintenance of related code books/supplements. KEY ISSUES • Continue with administration of agenda process and related postings/publication for scheduled and cancelled meetings • Minute preparation, submission for adoption, posting online and development/publication of vote record. • City Council 2022 Election (Council Places 5, 6, and 7/Mayor) o Develop election packet and distribute to candidates o Process applications for a place on the ballot and candidate qualification o Develop materials for order of election and related publication o Contract with Denton County and adoption by City Council o Processing campaign finance reports and personal financial statements o Canvassing of election results and related post-election processes • Manage the Boards/Commissions Program and application process. • Board & Commission Reappointment Process for 2022-2024 Terms and any outstanding 2021-2023 holdover/vacancies o Notification of new interested individuals and existing board members seeking (re)appointment o Qualification of nominated(re)nominees and scheduling for appointment • City Council Committee Assignments for 2022-2023 • Continue with codification of City Code of Ordinances, as applicable and verification of accuracy • Process of open records requests • Management of the Records Management Program and related records destruction • Establish a City Email Policy • Establish a Public Facing Documents Policy for use of Laserfiche • Identify and review electronic filing program for Campaign Finance System • B&C Handbook Update 105 74 Danielle "Dani" Shaw joined the City of Denton in December 2012 and is currently serving as Director of Community Services. Dani has spent more than 25 years in public, for-profit, and nonprofit organizations related to community development, human services, education, advocacy, and public policy. She has also provided consulting expertise, training and support to programs and leaders across the United States in such areas as risk management, staff development, project and performance management, technology application, youth development, child abuse protection, homelessness, and the impact of quality programs for community and human development. Danielle Shaw Director of Community Services Phone: (940)349-7237 danielle.shaw@citydenton.com J A" CITY OF DENTON 106 75 COMMUNITY SERVICES ORGANIZATION CHART COMMUNITY SERVICES (39) tc VACANT POSITIONS - ity Services istant Lauri Nack Animal Services Housing Programs Manager Deputy Director Coordinator Dorcas Johnson Courtney oouangdaa VACANT Vet Tech x4- Neighborhood Services Com��= Homeless Programs Contracted Manager Coordinator RSVP VACANT Megan Ball Animal Services Animal Services Animal Services Volunteer Grants Program Community Development Residential Construction Specialist Supervisor Supervisor Coordinator CIS Senior Officer Coordinator Specialist Specialist Ramon Orozco Nicole Heyer Erica Martinez Gayla Nelson Norman 6ar6osa VACANT Alma Espino Gordon Meredith ACCi i x S [--[Kennel CIS Senior Officer Donnie Denny ACO 11 X 4 PT Kennel Tech X �Senior,,.Officer Temp Kennel Tech (ZA) 1 CIS Senior Officer Beverly David Lead CSR x 1 CIS Officer Toni Hooten CSR X 2 CIS Officer AatOnSiilfs 107 76 COMMUNITY SUMMARY OF SERVICES OPERATIONS • Coordinates City Council Appointed Community Services Advisory Committee (CSAC) for grant allocation processes including recommendations to City Council. • Coordinates City Council Appointed Animal Services Advisory Committee (ASAC) to assist the City in complying with the provisions of the Animal Shelter Act and make recommendations regarding methods and procedures necessary to ensure compliance with the Act. • FUNDING Community Efforts: Grant Administration and Compliance • Making DATA informed decisions: Community Needs Assessments, Project financial and performance reports, HUD Integrated Disbursement and Information System (IDIS) and HUD Consolidated Annual Performance and Evaluation Report (CAPER), Neighborly, Homeless Data Dashboard. • Mobilizing, advocating, and empowering public-private PARTNERSHIPS and COLLABORATIONS: o Partners with non-profits providing public services to low-to-moderate income Denton residents. o Partners with the Denton County Homelessness Leadership Team and other agencies to make homelessness rare, brief, and nonrecurring in Denton County. o Partners with Denton Animal Support Foundation (DASF) and Humane Society of Denton to elevate the services provided to shelter animals o Build and maintain agreements with Denton County, various other municipal agencies and animal welfare organizations ANIMAL SERVICES Promote the health, safety, and welfare of animals and people in Denton through responsive and compassionate service. • Animal Shelter— Protects the health, safety and welfare of animals • Adoptions — For animal rescued, adoption gives that animal a second chance at life. It improves the health of the animal, reduces over population o Manages a robust volunteer and animal foster base o Provides adoption counseling to potential adopters to aide in ensuring a successful adoption • Promotes the health, safety and welfare of animals and people in the City of Denton Code Enforcement (Chapter 6) o Manages community outreach and educational programs o Provide resources for low- to moderate-income residents o Responds to calls of service for emergency and non-emergency animal related issues o Serves as the Local Rabies Control Authority (LRCA) for the City of Denton o Facilitates investigations of animal cruelty/neglect and removal of animals due to hoarding situations 108 77 HOUSING SERVICES The acquisition, creation, and preservation of Affordable Housing and Supportive Housing such as Emergency, Transitional, and Permanent housing. • Programs: Provides for safe, stable housing through federal CDBG and HOME funded programs Homebuyers Assistance Program, Home Repair Programs • Programs: Housing Tax Credit Application • Programs: Fair Housing • Programs: Rental Inspection Program NEIGHBORHOOD SERVICES Neighborhood Stability, Safety, and Empowerment. Administration, Education, Engagement, and Enforcement of the Denton Property Maintenance Code. • Neighborhood Stability: provides for public improvements for public facilities, non-profit facilities, and infrastructure projects through federal CDBG, HOME, and General Funded programs. • Neighborhood Safety_ Working with residents and businesses to preserve a Safe, Liveable, and Family-Friendly Community by enforcing the Property Maintenance Code of ordinances (Chapter 17) that protect the health, safety, and property of the community. • Neighborhood Empowerment: Foster the growth of resident-driven initiatives to identify and address their housing, economic, and human service needs. SOCIAL SERVICES Assessment of Complex Social Issues and Community needs — i.e. Economic Stability (Poverty), Homelessness, etc. 0 Programs: Grants Administration, Making Homelessness Rare, Brief and Nonrecurring KEY ISSUES Continuously monitor and evaluate the quality, responsiveness, efficiency, and effectiveness of assigned programs, service delivery methods, and procedures for continuous improvement of services and funded programs. • Focus on improving field operations by building and maintain strong relationships with residents and instituting a robust training program • Perform review of current ordinances to better align them with current animal services practices • Research and implement efficient self-service tools to enhance the customer experience • Continue to implement customer satisfaction surveys to dynamically capture customer experience while visiting the shelter, receiving services over the phone, or engaging with Animal Services officers in the field • Continue to research, develop, and implement new protocols to further enhance the quality of care for shelter animals • Continue to expand the volunteer and foster database to provide our shelter animals with continuous enrichment • City Council Priority: Homelessness Initiatives 109 78 o COVID Response — Managing City's support of safe emergency sheltering in hotels and management of emergency funding used to prevent, prepare for, and respond to COVID- 19. o Housing Crisis Response System (HCRS) — Ongoing improvements to strengthen the HCRS and various homeless initiatives, while balancing and managing current initiatives and partnerships with existing resources. o Loop 288 Facility — Complete the development of the facility to serve individuals experiencing and at-risk of homelessness in collaboration with Community Partners. o Cross Departmental Support — Continue to lead an interdepartmental team regarding homelessness and provide assistance to departments. • City Council Priority: Affordable Housing o Implement the five (5) strategies in the Affordable Housing Strategic Toolkit. • Neighborhoods: o Foster the growth of resident-driven initiatives to identify and address their housing, economic, and human service needs. 110 79 Tony has more than 20 years of experience in local government finance. He started his local government career in 1999 as a code enforcement officer with the City of Denton, and then worked one year with the City of Grand Prairie, Texas as a Budget Analyst. He then returned to work for the City of Denton in 2001 as a Financial Analyst and progressed to various positions within the Finance Department, including Director of Finance, and then serving as Chief Financial Officer from October 2018 to July 2020. Beginning in May 2019, Tony served as the Interim General Manager for DME, and May 2021 assumed the position on a permanent basis. Antonio (Tony) Puente, Tony has a Master of Public Administration from the University of North Texas (2000) and a Bachelor of Arts from Angelo State University(1996). General Manager of He is also a Certified Government Finance Officer (CGFO) of Texas. DME Phone: (940)349-8487 He and his wife Angela have three daughters, Samantha, Sarai, and Olivia, Antonio.Puente@citydenton.com and they have lived in the city of Denton since 1997. DENTON 111 80 DENTON MUNICIPAL ELECTRIC ORGANIZATION CHART General Manager Tony Puente Assistant General Executive Manager of Executive Manager of Executive Manager of Manager Operations Regulatory&Compliance Business Services Terry Naultly Chris Lutrick Smith Day Bill Shepherd Distribution& Denton Energy Center Maintenance Line Accts.Ad Regulatory Energy .Admin. in Key Operations Energy Management Construction Line Compliance Rates&Settlements Office(EMO) Front Office Operations (EMO Back Office) Safety&Training Systems Operations& General Administrative Metering Dispatch Support Performance Engineering Substations EMO Middle Office Measurement&Business Metrics 112 81 DENTON MUNICIPAL ELECTRIC SUMMARY OF SERVICES Denton Municipal Electric provides retail electricity to approximately 53,000 electric customers in its 100 square mile service area composed of the City of Denton and certain certificated adjacent areas. DME operates and maintains more than 16 electrical substations, 34 miles of high voltage transmission lines and over 800 miles of lower voltage distribution lines. It also owns, operates and maintains the 225 MW Denton Energy Center a local, fast start power plant. In addition to the DEC, DME is party to a number of Power Purchase Agreements and has a City Council established goal to maintain a 100% renewable energy portfolio. DME provides a variety of programs to its customers in support of energy efficiency objectives and to facilitate "behind-the-meter" solar energy. KEY ISSUES • Efficiently meeting the high projected growth rate of the DME service area. • Maintaining competitive rates, and realigning and funding the capital improvement program. • Attracting, maintaining, and retaining high performing employees needed to meet the utility's reliability mandates and customer service goals. • The Denton Energy Center requires additional updates and augmentation for compliance with NERC Reliability Standards. • Right of Way procurement for new local transmission and distribution system improvements. • Integrating new renewable resources in the DME power supply portfolio in a cost effective and reliable manner. • Achieved 100%renewable energy goal in 2021 and work to continue to maintain this goal into the future. 113 82 Scott joined the City of Denton in September 2017, serving as the Director of Development Services and Chief Building Official. Scott was formerly employed at the City of Amarillo and has held the positions of Director of Strategic Initiatives, Director of Community Safety and Regulatory Services, and Building Official. In the regulatory industry for more than 20 years, Scott served as the building official for Washtenaw County, MI, and several smaller jurisdictions. He has been recognized with the "Community Service Award" from the International Code Council (ICC), an award that represents a committed effort to serve the community, and has been recognized as Building Official of the Year two times; once through the University of Texas at Arlington Construction Research Center, and once through the Building Officials Association of Texas. SCOTT MCDONALD Scott serves on various boards at local, state, and national levels. He is currently a gubernatorial appointee on the Texas Industrialized Buildings Director of Development Code Council, and also serves on the Board of Directors for the National Services Institute of Building Sciences, established by the U.S. Congress. Phone: (940) 349-8539 Scott.McDonald@cityofdenton.com Scott has a Bachelor of Arts in Management and a Master of Public Administration from Wayland Baptist University. He has obtained the Certified Public Manager certification through Texas Tech University, is a Certified Building Official, and has numerous certifications through ICC and NFPA. CITY OF OJ16�� DENTON 114 83 DEVELOPMENT SERVICES ORGANIZATION CHART Director of Development Services Scott McDonald Building Safety Project Facilitation Planning Director Business Services Emily Loiselle Michelle Reynolds Tina Firgens Charlie Rosendahl Assistant Development Building Offical Facilitator (2) GIS (2) Intern Plans Examiners (6) Histora(l) Administrative Preservati Supervisor Assistant Building Off ical Principal Administrative Planner (1) Support (2) Chief Building Inspector (2) Planning Development Adminstrator(1) Support Supervisor Building Inspectors (8) Planners 1/II/III Planning (6) Technicians (3) Zoning Compliance (2) Permit Technicians (5) Chief Health Inspector Health Inspector (3) 115 84 DEVELOPMENT SUMMARY OF SERVICES Development Services helps to build a great City by partnering with the community to guide livable, safe and sustainable development while providing strategic, timely, predictable, and cost-effective services with a culture focused on customer service, transparency, and continuous improvement. The Building Safety Division manages and coordinates the plan review, permitting and inspection of private construction projects in accordance with the City of Denton ordinances and adopted Building Codes. This Division also includes Consumer Health who protect the public from food-borne, waterborne and other communicable diseases by performing health inspections and providing health education. The Development Facilitation Division is a solutions-oriented team that champions large, complex, or otherwise sensitive projects by shepherding them through the City's numerous development review and entitlement processes to ensure the expedient delivery of projects while continuing to manage processes and lead continuous improvement efforts of the City's interdepartmental development team. The Planning Division works collaboratively to guide growth and development,protect our history and resources, and promote neighborhood empowerment by ensuring potential developments meet the City's development standards and vision of the future. The Real Estate Division oversees land, easement and right-of-way acquisition needs on behalf of the City. Additionally,the division provides advisory and technical services to assist other City departments accomplish their real estate initiatives. These services include but are not limited to assisting with site selection options, evaluating and renewing property leases, valuation services, development project reviews, right of way encroachments and professional service contract management. KEY ISSUES • Implementation of the recently adopted comprehensive plan; Denton Plan 2040. • Development of selected Area Plans. • Implementation of the recently adopted Historic Preservation Plan. • Adoption of amendments to the Denton Development Code following the first couple of years of use, focusing on providing the ability to deliver services more efficiently, equitably, and timely. • Continuing to change the public's perception of Development Services and increasing transparency through notification to residents potentially impacted by development. • Streamlining cross-functional roles and responsibilities in the development review process. • Communication and collaboration: departmentally, and with other City departments and outside stakeholders. • Significant increases in workload while providing a higher level of service to our customers. • Improve technology usage to provide a better user experience for our customers and improve staff efficiency. • Engaging neighborhoods citywide to participate neighborhood planning to address opportunities to better the neighborhood, promote stability, and provide growth. • Overall evolution of citywide cultural change to include holistic thinking, synergy, and trust. 116 85 Economic Development Anticipated Spring 2022 hire Ta VACANT Director of Economic Development cnF v O DENTON 117 86 ECONOMIC DEVELOPMENT ORGANIZATION CHART -Strategic Planning Vacant -Incentive negotiation and Director of Economic contract development Development -Business engagement -Partnership development -Department administration Christina Davis Vacant Erica Sullivan Vacant Business Development Economic Development Economic Development Economic Development Administrator Analyst Program Administrator Specialist -Business retention and -Incentive administration -Incentive analysis and -Marketing expansion program -Research and analysis administration -Downtown support -Workforce -Demographic, labor -Development districts -Shop local campaign development and market and data -Policy development -Entertainment and education -Research and analysis -Research and analysis culture -Entrepreneurship -Program support -Special Projects -Special events -Grants 118 87 ECONOMIC DEVELOPMENT SUMMARY OF SERVICES The City of Denton's Economic Development Department helps Denton grow by expanding Denton's economy through location of new businesses and the retention and expansion of current employers; fostering Denton's thriving culture of business,technology, and artistic creation and innovation; attracting, developing, and retaining skilled and talented workers to support existing and future employers; and, building relationships with Denton businesses and residents through outreach, education, and engagement. Economic Development offers support and services to businesses in all sectors and of all sizes. From facilitation of the Skills Development Fund Training Grant or Texas Enterprise Zone Program applications, to support of local merchants through the S.H.O.P. Denton and Shop Small Saturday programs, City economic developers are invested in supporting Denton's diverse business community. KEY ISSUES • Completion of and implementation of the Economic Development Strategic Plan to further enhance the services offered by Economic Development and align work plans with the strategic needs of the City. • Implementation of the business retention and expansion program created in FY 20/21. • Continue project management, lead tracking, and BRE program systems through project management and CRM systems implemented in FY 20/21. • Continuing to support businesses impacted by COVID-19 and provide access to resources, guidance, and information related to local, state, or federal programs. • Development of a targeted economic growth plan for neighborhood corridors. • Continued engagement with and working to foster innovation with the city's growing creative economy. • Continue to host the interdepartmental development team meetings to ensure the flow of information across departments. • Work with Legal, Finance, and Development Services staff to ensure employees are cross-trained and empowered to resolve issues. • Retain Economic Development Transparency Star designation. • Continue seeking ways to improve partnerships with the Denton Chamber of Commerce, Convention and Visitors Bureau, Denton Main Street Association, Hickory and Rail Ventures, and other entities providing support to Denton businesses. • Continue supporting the work plan for the City's cultural programs Film Friendly, Music Friendly, and including the Original Denton District which was recently transitioned to the Parks &Recreation department. 119 88 Michael joined the City of Denton in October 2021, as the Director of Environmental Services and Sustainability. With more than 17 years of local government experience in environmental compliance in the DFW Area. 4, Michael has served as the Assistant Environmental Management Director for the City of Fort Worth, and most recently the Director of Environmental Quality and Sustainability for the City of Dallas. His public sector experience includes air quality, stormwater quality, hazardous waste,public education, water conservation, and diverse environmental compliance. His private sector consulting experience of 14 years includes due diligence, spill response, stormwater, air quality, asbestos management, demolition, and mixed environmental compliance. He has worked directly with U.S. Environmental Protection Agency regarding asbestos handling during demolition including being a contributing author on research. MICHAEL A. GANGE While with the City of Fort Worth he was involved with the LaGrave Field Director of Redevelopment(Fort Worth Cats), Trinity River Vision, and the Chisholm Environmental Services Trail Parkway. & Sustainability Phone: (940) 349-7165 Michael has a Bachelor of Science in Marine Science from Texas A&M Michael.Gange@cityofdenton.com University at Galveston and a Master of Science in Environmental Science from the University of North Texas. He is a licensed Asbestos Consultant with the Texas Department of State Health Services. JC01tTFY DENTON 120 89 ENVIRONMENTAL SERVICES & SUSTAINABILITY ORGANIZATION CHART Director of Environmental Services & Sustainability Michael A. Gange Environmental Services Sustainability Gas Well Deborah Viera Katherine Barnett Inspections Watershed Industrial Administrative Protection Pretreatment Assistant Stormwater Pretreatment Quality/ Specialists 3 Inspections (5) p ( ) Coordinators (4) Pollution Environmentally Prevention (4) Sensitive Areas Interns (1.5) (1) Landfill Interns (4) Compliance Field Laboratory Specialist (1) Water (4) Wastewater(4) 121 90 ENVIRONMENTAL SUMMARY OF SERVICES Environmental Services Division manages environmental compliance for landfill, stormwater, water, and wastewater to protect our natural resources and the city's utility infrastructure in a sustainable and equitable manner. This division also includes the Environmentally Sensitive Areas (ESA) group tasked with facilitating responsible development that maximizes the protection and restoration of our natural resources. Sustainability Division manages and coordinates the Simply Sustainable Framework addressing water, air quality,energy conservation,land use,transportation,education,material resources management,and resiliency. This Division's approach to environmental management aims to balance the protection of natural resources with the economic and social realities of resource utilization. Gas Well Inspections Division works to protect the health, safety, and general welfare of the public and to ensure the orderly and practical production of mineral resources in a manner compatible with existing and future development of affected surface uses. KEY ISSUES • Execute the Sustainability Fund Workplan for FY21-22. • Engage the community to promote environmental and sustainability measures to better neighborhoods, increase resiliency, and reduce our carbon footprint. • Communication: departmentally, and with other City departments and outside agencies. • Infuse environmentally responsible and sustainable behavior across the organization. • Assist with implementation of the recently adopted 2040 Denton Plan and Parks Recreation& Trails Master Plan, and the pending Comprehensive Solid Waste Management Strategy • Collaborate with other departments and outside agencies regarding Environmentally Sensitive Areas (ESA)preservation and incorporate protection and restoration efforts for long term ESA sustainability. • Continue assisting in the protection and enhancement of the City's utility infrastructure and resources. • Broaden environmental support across City departments 122 91 Cassey oversees the Finance and Procurement Departments. The Finance Department includes the Budget, Accounting, Accounts Payable, Payroll, Treasury, Compliance and Municipal Court Divisions. The Procurement Department is comprised of Procurement, Distribution Center and Grants Management divisions. Together, these areas oversee the City's financial management including cash handling, grants, debt issuance and reporting, the Annual Program of Services, the publication of the Comprehensive Annual Financial Report, payroll operations, payment processing, and collection of fines and fees through Court Services. The FY 2021-2022 Adopted Budget has 32 funds with a total expenditure of$1,455,356,698 including capital improvements. Payroll CASSEY OGDEN operations facilitates the payroll payments and records for Chief Financial Officer approximately 1,500 employees each pay period. During last fiscal year, Accounts Payable processed 37,506 invoices for payment. Last fiscal Phone: (940)349-7195 year, the Finance Department received the Distinguished Budget Cassandra.Ogden@citydenton.com Presentation Award for its annual budget and the Certificate of Achievement for Excellence in Financial Reporting for its ACFR from the Government Finance Officers Association. The Finance Department assists with facilitating the Community Partnership Board and the Bond Oversight Committee. The Procurement Department is comprised of Purchasing, Distribution Center and Grants Management divisions. These areas are responsible for the acquisition of commodities and services; the storage and distribution of applicable commodities; and the administration of grants. The Distribution Center provides goods and materials ranging from office supplies and small tools, to construction materials and electric transmission components. The Purchasing office is responsible for facilitating organizational purchases through the solicitation and selection of vendors, negotiation of contracts, and execution of purchase agreements. Last fiscal year, the department received the Annual Achievement of Excellence in Procurement® (AEP) from the National Procurement Institute, Inc. The City of Denton is one of only 69 cities in the United States and Canada to receive the award. Cassey has been with the City of Denton since September 2008 in various roles. She received a Master of Business Administration in 2014 from Texas Woman's University. She also received her Bachelor of Science from Texas Woman's University. Cassey is a member of the Government Finance Officers Association (GFOA). She is a recent graduate of the Texas Women's Leadership Institute Beta Class which trains and equips aspiring female city managers in the state. Cassey and her husband Danny have three children; Camille, age 13; Jax, CITY 5; and Declan, age 4. DENTON 123 92 FINANCE ORGANIZATION CHART Chief Financial Officer nce Assistant Director Controller Ad Court ministrator Assistant Director Complia Business Analyst (2 FTEs) Treasury Accounting Court Services Procurement (2 FTEs) (11 FTEs) (10 FTEs) (14 FTEs) Budget Accounts Payable Warehouse (10 FTEs) (4 FTEs) I H (7 FTEs) Payroll Grants (3 FTEs) (2 FTEs) 70 Full Time Equivalents(FTEs) 124 93 SUMMARY OF SERVICES The Finance Department is responsible for the communication of the City's policy, operational, and financial plans through the publication of the Annual Program of Services, Capital Improvement Program, and Annual Comprehensive Financial Report. KEY ISSUES • Continue prior year improvements and implement additional improvements to the City's budgetary process for FY 2022-23 with emphasis on planning for continued growth. • Continue execution and planned debt issuance related to the 2019 Bond Election Program • Automate travel and reimbursement expense reports • Continue processes necessary to maintain Financial Transparency Award • Implement Accounts Payable automation software • Improve delivery and reporting of capital projects across all City departments, including expanding the CIP budget document. 125 94 Kenneth Hedges assumed the position of Denton Fire Chief/Director of Emergency Management for the City of Denton in April 2018. Kenneth brings nearly 26 years of public service experience to his current role. Prior to his appointment as Fire Chief, Ken served as Assistant Chief of Emergency Services for the Denton Fire Department beginning in 2010. In this positon, he managed a staff of 176 employees located in seven fire stations and one ambulance station throughout the city. Chief Hedges began his career in the fire service in 1995 with the City of Sherman Fire Department. In 1996, Kenneth joined the Denton Fire Department as an entry-level firefighter. He has also served as a Fire Driver, Captain, and Battalion Chief for the Denton Fire Department. KENNETH HEDGES Kenneth is the first internal Fire Chief appointment in over 32 years. Fire Chief/Director of Emergency Management Since 2013, the Fire Department has been reconstructing aging Fire Stations 2, 3 and 4. In March 2021, Fire Station 8 opened at Brinker and Phone: (940)349-8830 Colorado.This will be the first addition of new fire station since 2007 when Kenneth.Hedges@cityofdenton.com Fire Station 7 opened off Vintage Parkway. In 2017, Kenneth led the initiative to reduce the ISO rating for the City of Denton from a "3" to a "2." Expected savings were up to 40% for homeowners in the Robson Ranch subdivision in October 2018 with the opening of the Denton County ESD #1 Fire Station. Chief Hedges continues to use data-driven decision making to position the Department to respond to growth, service demands, and to improve response times throughout the City. The delivery of swift and efficient emergency services has ultimately improved customer service. Kenneth earned a Bachelor of Applied Arts and Science in Emergency Management Administration from West Texas A&M University in 2014. He also is a graduate of the Texas Fire Chief s Academy and holds Master Fire Fighter and Aircraft Rescue Fire Fighter certification by the Texas Commission on Fire Protection.Additionally,Kenneth has been a Licensed Paramedic for over 25 years. Recently, Chief Hedges completed Certified Public Manager(CPM)credentialing sponsored by Texas State University. In 2017, he was chosen as one of twenty fire service executives from a nationwide process to attend the Fire Service Executive Development Institute sponsored by the International Association of Fire Chiefs and Motorola. _J CITY OF DENTON 126 95 FIRE ORGANIZATION CHART Fire Chief Emergency Managernent .. ----_________� I � i I Medical Director support services Emergency Semces Assistant fire Chief/Fire Assista nt Fire chief •. .. Foe Prevention Safety and wellness EMS Battalion i Battalion 2 Training Assistant fire usiness Informatio Marshal Batta ion Chief Battalion Chief analyst Bat a;lcn Chiefs 131 Battalion Chiefs ;31 Battalion Chief Deputy Fire Marshal Fire Community III Services EMS Stations1,2,4,8 Stations 3,5,6,7 LegistiC Training Fire Administration Captain Captain Captain Specialist Captains(15) Captains(121 Cactaln Captain Deputy Fire Marshal Homeless Outreach 11 Team Administrative Drivers 127) nrivers I241 121 Assistant III(2) ill Depury fire Marshal I Firefighters;51) firefighters139i i;6) 127 96 FIRE DEPARTMENT SUMMARY OF SERVICES Since 1874, the Denton Fire/Rescue Department has provided first-responder support to the greater Denton community. The Department is dedicated to promoting and protecting health and safety in the City of Denton and beyond through innovative programs, advanced training, and professional service. The Denton Fire Department is responsible for fire suppression, fire prevention and education, emergency medical services, and disaster preparedness. In 2021, the Fire Department responded to 20,181 emergency calls, 65 % of the calls were related to emergency medical services. This is an increase of 22.37% of calls for service compared to the prior year. Projections show that in 4 years the total calls for service will be over 31,000 which is a significant increase in workload for the department to manage with current resources. KEY ISSUES • Due to two separate motor vehicle incidents in which fire department apparatus were struck while working on roadways, the department placed into service a specific designed blocker truck that is designed to take the primary impact from a distracted driver while protecting first responders • Completed and opened fire station 8 on Colorado Blvd. Station 8 is the first new station to be added to expand service since 2007 • Completed a reconstruction project of fire station 3 that increased the size of this station to accommodate future growth and expansion in deploying resources within the vicinity of 135 E and McCormick street • Through approval by City Council began designing fire station 9, to be located at Denton Enterprise Airport, to provide additional resources to the western portion of the City • Actively pursuing department accreditation through the Centers for Public Safety Excellence • Recently completed a 5-year department strategic plan • Continue improving department communication through technology initiatives • Continue to improve employee health and mental wellness programs • Improve data to be responsive to changing conditions, improve response time, and absolutely make sure every member goes home safely 128 97 Tiffany began her career with the City of Denton Customer Service Department in June of 2003. She has served in various roles throughout her tenure, including Director of Customer Service, where she led the Customer Service,Municipal Court,and Animal Services departments.In 2019,Tiffany became the Director of Human Resources. As the Director, she is responsible for planning, organizing, and directing the operations of the Human Resources Department. She oversees such functions as compensation management, performance management, policy development and interpretation, employment law compliance, employee training and development, diversity and inclusion initiatives, employee recruitment, TIFFANY THOMSON selection and placement, employee recognition and incentive programs, and Director of Human benefits. Tiffany also supports the Civil Service Commission and the Resources administration of state civil service law for police officers and firefighters. Phone: (940) 349-7401 Tiffany.Thomson@ciryofdenton.com In the Fall of 2020, the Risk Management division rejoined the Human Resources department. Tiffany oversees Risk Management functions such as the City's workers' compensation program,the procurement and maintenance of insurance coverage for City assets,management of claims against the City, and the approval of insurance terms for City contracts, vendors, and events. In March 2022,the Safety division joined the Human Resources Department. The City has a contract with Rizikon to provide professional staff to build occupational health and safety programs as well as deliver training to drive improvement in the City's safety performance and overall safety culture. Tiffany holds a Master of Arts in Organizational Leadership from Waldorf University and a Bachelor of Science in Business Administration with a concentration in Management from Columbia Southern University. Tiffany is passionate about community involvement and serving. In 2015, her family was recognized as the Greater Denton Family of the Year. She is a member of the national and local chapters of the Society for Human Resources Management (SHRM), Texas Municipal Human Resources Association (TMHRA), The National Society of Leadership and Success, Texas Public Power Association (TPPA), American Public Power Association(APPA), Keep Denton Beautiful, Inc., and Serve Denton, board. CITY of DENTON 129 98 HUMAN RESOURCES ORGANIZATION CHART Human Resources Director Tiffany Thomson Organizational Systems&Operations Deputy Director of Deputy Director Safety Development& Administrator Human Resources Risk&Compliance Misti Jefferson Rizikon Diversity Manager Michele Carlson Civil Service Director Deby Skawinski team) Sarah Kuechler Development and EE Relations/ Hiring and Diversity Comp/Class/ Admin Services Benefits Leave/ADA/FMLA Risk Management Recruiting Talent Development& Operations Supervisor Benefits and Leave Diversity Specialists HRBP Supervisor Benefits SupervisorL Risk Manager Civil Service Secretary Coordinator Micah Burton Carri Byrd Linda Kile Vacant Maddi Hurd Crystal Babcock Heather Feeney Talent Acquisition H Specialists Benefits Specialists Claims Coordinator Aprill David Jessika Miller Lisa Manning Sara Bonehill Stephanie Rivas Tiffani James Shelley Walker Comp/HRIS Admin HR Assistants Risk Specialist Rachel Staton Ebony Stringer Tracey Bowery Joyce Sherwood Talent Acquisition Partner(Recruiter) Kendra Williams 130 99 HUMAN RESOURCES SUMMARY OF SERVICES The Human Resources Department partners with City departments by providing strategic and tactical advice, support, and recommendations to effectively recruit, develop, and retain the City's diverse workforce. The City offers a rich benefits package that includes PPO health, dental, and vision insurance plans, voluntary benefits, an Employee Health Clinic, retirement options, and a wellness program that provides resources for both financial and physical health. Our services also include a competitive compensation package, a progressive talent development program, and recommending short- and long-term strategic human resource management decisions. We are committed to developing a diverse workforce and fostering an inclusive and equitable workplace for our employees. The department also serves as a resource for employees when they need a neutral, objective party to help them work through challenges or concerns they may have related to the workplace, their position, their supervisor(s), or their co-workers. The Risk Management division oversees and administers the City's employee benefits, leave, random and post-accident drug and alcohol testing, and workers' compensation programs. The department also handles all claims that come into the City,including general liability,auto liability, auto physical, property, errors and omissions, law enforcement liability, mobile equipment, and cybersecurity liability. Risk Management also provides education, guidance, and approval of insurance terms for City contracts, vendors, and events. Risk Management also purchases and maintains insurance for the City's assets and evaluates City programs for potential risk exposures. The Safety division, led and staffed by Rizikon, develops and maintains a high-performing safety program for City facilities, worksites, and properties. Safety manages and implements a safety training program, generates and provides reports and records, provides safety audits (both regulatory and administrative), generates work procedures, conducts hazard assessments and incident investigations, and more to support to the day-to-day safety needs of the City. KEY ISSUES • Conduct a procurement process to hire and work with a consultant on a comprehensive compensation study for the organization to evaluate pay plans and compensation. • Continue review of the City of Denton's Policies and Procedures with the assistance of the Policy Review Committee (PRC). This is an ongoing project and focus area to update the City's policies and procedures. • Improve and develop relationships with employees and supervisors to increase their comfort level to collaborate and address all workforce issues. • Fully implement the NEOGOV Insight, Onboard, Offboarding, and Learn modules and train employees and supervisors on the new modules. • Draft a comprehensive Diversity&Inclusion strategy and continue to leverage employee-led Diversity Committee to drive employee engagement in Diversity&Inclusion. 131 100 • Create a series of shorter, action-oriented training to address specific needs and concerns throughout the organization. • Continue to facilitate the "SPARK" training series for aspiring leaders and the "Denton Leadership Series (MLM)" for existing leaders. • Continue to improve the overall Civil Service process and provide support to the Civil Service Commissioners, Police Department, and Fire Department. • Improve the health literacy of our employees to increase health and reduce inefficiencies and costs. • Continue to evaluate healthcare costs and program options to improve employees' overall health and ensure fiscal responsibility. • Complete formal Request for Proposals (RFP) procurement process for health, pharmacy, Medicare supplement, and voluntary benefits plans. • Implement new clinical operations and management vendor for the Employee Health Clinic, including expanding services to include a part-time onsite behavioral health counselor. • Draft a Paid Parental Leave policy for City Council consideration if paid parental leave is approved and funded through the FY22/23 budget process. • Implement a Risk and Safety Management Information System (RMIS) to improve the efficiency of claims administration, risk mitigation, and safety programs across the City. • Continue to improve the workers' compensation program by developing a formal return to work program and providing education and training to employees and leadership in the field to meet our customers where they are. • Continue to partner with the City's insurance broker to ensure the City's assets are adequately covered by insurance programs that are procured at the most competitive rates. • Conduct comprehensive property appraisal for all City property assets. • Continue to develop and implement a high-performing safety and training program to meet the unique needs of each department and protect the well-being of employees. 132 101 Jennifer Bekker is the Director of Libraries, the seventh person to hold this 1 position since the Denton Public Library was created 82 years ago. Jennifer is passionate about the Library's role as an essential part of the Denton community. She believes that building relationships with the community through outreach, classes and special events, and efficient day- to-day library operations strengthens Denton. She enjoys helping individuals in our community discover and experience new things, learn new skills, and enrich their lives through Library resources and services. Jennifer holds a Bachelor of Arts & Sciences from the University of North JENNIFER BEKKER Texas and a Master of Library and Information Studies from the University Director of Libraries of North Texas. She is a member of the Texas Library Association, Phone: (940)349-8753 American Library Association, and Public Library Association. She is a Jennifer.suer@cityofdenton.com graduate of the 2011 TALL Texans Leadership Institute. Jennifer and her husband, David, have two daughters, Elizabeth and Natalie, and have lived in Denton for the last 21 years. In her spare time, she enjoys experiencing Denton's unique culture,playing with three family dogs, and reading a good book. CITY OF DENTON 133 102 LIBRARIES ORGANIZATION CHART Director of Libraries Jennifer Bekker Library Technology Assistant III Librarian Technical Services Manager Emily Fowler Branch Manager South Branch Manager North Branch Manager Jennifer Reaves Kimberly Wells Stacy Sizemore Jess Turner Assistant North Branch Librarian Branch Circulation Assistant Manager-SC I Supervisor Manager HArchivist Library Library Librarian Assistant III Assistant II L (3FT, 2 PT) ibrarian Library Library Assistant Assistant II (2 II(PT) FT, 1 PT) Library Librarian Assistant III (4 FT, 1 PT) Circulation Supervisor Circulation Supervisor Library Library Assistant II Assistant I (1 FT, 1 PT) (4 FT,4 PT) Library Assistant II(3 FT,2 PT) Librarian (2 FT, 1 PT) Librarian(2) Library Assistant II Library (2 FT) Assistant II(1 FT, 1 PT) 134 103 SUMMARY OF SERVICES The Denton Public Library strengthens community, transforms lives, and inspires imagination. The Library strives to be a welcoming and inclusive center of the community through its exceptional customer service, facilities, and library services. Traditionally, over half a million people from all walks of life visit the three library locations annually to attend meetings, study, research, and use library resources and services. The Library advances literacy and education by providing relevant and easily accessible resources and technology to expand knowledge for all. Historically,library users check out over 1.1 million physical and digital materials each year, access online learning, training, and reference resources, and log into the Wi-Fi or one of the 95 public-use computers available while visiting libraries. The Library encourages discovery by developing innovative services and providing enriching experiences for the Denton community. Two makerspaces, The Forge Makerspace at North Branch and the Legacy Lab at the Emily Fowler Central Library provide hands-on discovery, arts and craft, technology, and fabrication equipment for all ages. Approximately 1,500 library classes & events are offered annually featuring topics for all interests and ages. DPL2Go outreach services take the Denton Public Library to schools, neighborhoods, community events, and local organizations to extend library experiences beyond the library walls. Visit http://librga.ciiyofdenton.com and follow the library on Facebook, twitter, and Instagram to learn more about what is happening at the Denton Public Library. KEY ISSUES • Increasing visibility of library services and resources. • Planning for adequate staffing levels to maintain current services and address population growth and increased service demands. • Addressing need for facilities with the space and flexibility to provide quality services and house collections. • Extending library services to incorporated areas, new neighborhoods, and emerging population groups. • Increasing physical collection and digital resources size to meet the needs of a growing population and expectations for 24/7 access to resources. 135 104 Gary Packan, Director of Parks and Recreation joined the City of Denton in March 2018. He oversees the Administration, Leisure Services, and Park Maintenance divisions, with over 120 employees responsible for the following facilities and amenities: Parks, Playgrounds, Trails, and Open Space 41 Developed Parks and 24 Undeveloped Parks (parcels) 2 Cemeteries and 2 Dog Parks 28 Playgrounds 66.43 Miles of Trails 5,124.56 Acres of park space GARY PACKAN Recreation Centers,Athletic Facilities and Natural Areas Director of Parks & North Lakes Recreation Center Recreation Denia Recreation Center MLK Jr. Recreation Center Phone: (940)349-7460 Denton Senior Center Gary.Packan@cityofdenton.com American Legion Hall Senior Center Goldfield Tennis Center North Lakes Driving Range Vela, Denia,North Lakes, Evers and Mack Sports Complexes Clear Creek Natural Heritage Center Aquatic Facilities Civic Center Pool Carl Young Sr. Park Sprayground Water Works Park and Denton Natatorium Prior to joining Denton, Gary worked for more than 10 years at the City of Arlington Parks and Recreation Department and served as the Assistant Director of Enterprise Programs overseeing four golf courses, a restaurant, park rentals, lake operations, marketing, forestry and beautification, the Bob Duncan Center, and the Arlington Tennis Center. Before Arlington, he worked for the cities of Sandusky and Huron in Ohio. Gary graduated from Bowling Green State University with a master's degree in Recreation and Leisure Services and a bachelor's degree in Recreation Administration. He is a member of Texas Recreation and Parks Society and is a Certified Park and Recreation Professional by the National Recreation and Park Association. --`� Gary and his wife, Celeste and have two boys, Trevor and Carson. Packan is originally from Pittsburgh, PA. He is an avid fan of the Pittsburgh Steelers, Penguins, and Pirates and likes to attend sporting DENTON events. 136 105 PARKS AND RECREATION ORGANIZATION CHART Leisure Services Director Gary Packan Business Assitant Assistant Management Director Director Manager gnalyst Nikki Sassenus Drew Huffman Caroline Omar Siddiqi Seward Supervisor Leisure Service Prog/Events Mgr Aquatics PAM Athletics PAM Civic Center/KDB Monica Martin Jason Barrow Megan Thomas Autumn Natalie Supervisor Program Supervisor Supervisor Supervisor upervisor upervisor Supervisor supervisor upervisor Supervisor- Aquatics supervisor Sr Center MLK Denial NIL volunteer Aquatics Aquatics Athletics Athletics Rec Care Paul David Nicole Cheylon Robbie Alicia Programs Morgan Vacant Vacant Rachael Burks Kelsey Stuart Brasher Brown Sara Farris Johnson McDaniel Vacant Seasonal- Seasonal- Coordinator oor Inator Coordinator Coordinator Coordinator Coordinator Coordinator supervisor Coordinator Athletics Special Events NAT Nat Greyson Athletics(PT) Brad Sr Center MLK Rec Care Denia NL p 36,330 Hours Rowley Bos uez Jane Riddle Yosselin Muller Jodi McClaren Vacant Brad Groves Arianna Bencid Seasonal- Seasonal- Seasonal Seasonal- Seasonal- Coordinator Coordinator PT Rec Coordinator Coordinator Coordinator Tennis Sr Center Specialist NIL Special Events WWP WWp Nat Golf MILK p Denia 33,412 Hours 4,912 Hours 2,200Hours 2,700 Hours Tyler Smith Vacant Vacant Carin Zeman Mia Macy Kassidy Hill easona seasonal Specialist Coordinator S ecialist Specialist Seasonal- Seasonal Seasonal- p p Coordinator CCP Sports Sports Sr Center ALH Seasonal Denia(PT) NL(PT) Education CCP WWP 2,368 Hours 2,232 Hours (PT)Lynda Yvonne 22,879Hours 9,173 Hours 14,815 Hours Leonard Kendricks Vacant Ruby McKoy i*iovedtoswRD) pecla Is Seasonal Seasonal upervisor Seasonal- Seasonal MLK(PT) Civic Center CCP Bradaisea 7,026 Hours 13,141 Hours Megan 1,172 Hours 5,597 Hours Dou ht Rid eLaw Seasonal Seasonal 10,883 Hours 3,593 Hours 137 106 PARKS AND RECREATION ORGANIZATION CHART Parks and Recreation Park Planning&Operations Org Chart wry Pntk n Updated 3121122 .AtaisM„t m.eno. Drew IluUman P.ns uan.6er Darks Mini eµer land Mnnager [anvacts/IPM Dpk PI- 1-Grounds trades/land/!u) Mm.yer 002170 d021d0 4021W kiln Whitman Russell Knth CreiR Arnn`tpn MaM.11 McGee veld Su Sr pnh P'annr Fletl Supervwr neld Soperywor veld Suoe Field Supervapr Aquatics Superv�mr Er Mille .ann 0annrll Ground+ Alhleths nrit;.tonllandr CkmlUReptir x Gary Green S IW,V.bmgp, Justin I-- Brbn N.Ms Tom[umkn -t 1 1 Crew leader CmW Laren Crew fader Craw feeder Crew Leader GeW Leader Crcwleaakr IIEO1 Crew Leaeer MRT Dark Planner CRw lratln Gew reader Crtw Leadn IIIegY Dumping Crew leader Coltuxucsbn Vacant Chris Cscnro Ct.a Creak Grounds Grounds Amidi a Alhl.kl IrriBatidn undxaPe Ekm�l Candn WG.ry Ben W.— D.n&skett KevlP Bufketi Gene Tnntlen Adwn Wro Dowd V.Wex lustw Gotten lwd.n Settkmyrc Pabere Pitt Bryan Esrby IYSD Froeen) P. Ele .—. Parks Construction 1 Ir Pvk Aeuatic+ NC-0I 11[GI UEOI 1III III( IIEGI 11C01 HCOt NEOI IICDi tahriwn Technkl.n Tedm iu.n /am6 tAercad. oalial WcCft —Temun— I leltlldl Feipe lln Jason Wilson Adam 5taM1 ihawes 5trada Rvan Mger I.men Bewley 111 Ill )enathan YecLell Sensoror sasDNl TeddyRrylneld! Canny Wabon law�OFrw W.m.n. Brandon lNsll oNkP MIn4 Sam lbnghonry "0011rs 150011rs f I 1 )I Fsw Seasonal u I uEo I Fswn Fsw n Fsw n tsw n 1500 Hrs l.lon MaOin WIObm Smwh �a.rehr A-ndru Mon Yxant Kr1+11Cnoper Sea sonal Fsw n 1 "B Fsw D Fsw u 1 Fsw n ssw n 1500 Hrs Stele Bender f >a'br 5ensllmn° Froek Pi-rmn Ramiro Renwamr J Vuanl rie.Mer M.yes Seasonal Stwoe+I Fsw h s..lee.l Fsw II .25 LniteNddNvljer S0 Il V.t..nl Z =1 FSWII Seamn.l (YSP Pmltbnl 1.03 fTE / 138 107 PARKS AND RECREATION DEPARTMENT SUMMARY OF SERVICES The Parks & Recreation Department seeks to enrich lives and inspire play at the highest level of service. The department oversees 65 parcels of parks (developed and undeveloped), 66 miles of trails, 9 facilities, including a natatorium, a waterpark, and outdoor pool, a sprayground, two dog parks, two cemeteries, right of ways, special events, and countless recreational activities. KEY ISSUES • Evaluate and improve Department operations to ensure our citizens and businesses are receiving exceptional service and value • Implement a consistent project management and project delivery methodology focused on engaging necessary stakeholders and effectively communicating with parties impacted by park development and construction • Implement an enterprise level asset management software. • Improve coordination with regional partners including the Texas Department of Transportation, University of North Texas, Texas Woman's University, Denton County, and the North Central Texas Council of Governments for capital project coordination and project funding opportunities • Improve responsiveness to requests from members of the public and from elected officials, including implementation of improved proactive communication strategies • Improve talent acquisition, training and development, and employee retention • Continue to reintroduce recreation programs and operations that were suspended due to the COVID-19 pandemic • Improve department standards and improvement plans for aging infrastructure • Maintain parks and facilities at the desired level of community's expectations • Update department specific ordinances,policies, and procedures • Development and implementation of city-wide and site-specific park master plans in association with the Capital Improvement Plan and Capital Maintenance Plan • Adoption of the new parkland dedication and development ordinance 139 108 Frank Dixon was sworn in as the Chief of Police on October 11, 2018. On February 5, 2021, he was appointed Interim Assistant City Manager and was officially named Assistant City Manager on March 19, 2022. Frank enjoys working within the Denton community and currently serves on the Salvation Army Advisory Council, United Way of Denton County Board, and the CASA of Denton County Board of Directors, amongst a few. Chief Dixon believes that the fundamental base for an effective police department is developing and improving relationships within all segments of the community. He believes that protecting our victims and survivors while holding offenders accountable, is essential to providing a safe and livable city for everyone to enjoy. Frank is a United States Marine Corps veteran and obtained his Bachelor of Science and Master of Science degrees in Criminal Justice from Lamar University. He is also a graduate of the Police Executive Research Forum's FRANK DIXON Senior Management Institute and the Major Cities Chiefs Association Police Assistant City Executive Leadership Institute. He is married to Angela, a Registered Nurse, Manager/Chief of Police with whom they have two children. Phone: (940)349-7953 Chief Dixon began his law enforcement career at the Austin Police Frank.Dixon@citydenton.com Department in 1995, where he served as a Patrol Officer, Field Training Officer, and Street Response Unit member through 2001. He was then promoted to Detective, where he was assigned until 2009 when Frank was promoted to Sergeant. In 2014,Frank was promoted to Lieutenant, a position he held until 2016. In March of 2016,Chief Dixon was appointed an Assistant Chief of Police by then Chief Art Acevedo. Frank managed the South Patrol Bureau, including the Austin/Bergstrom International Airport, uniformed patrol services, Highway Enforcement Command, and Special Operations, including SWAT, Bomb Squad, K-9, and Air Support Unit. He also led the department Special Response Team, which deployed to Cleveland, OH for the RNC in 2016, and the Presidential Inauguration in January 2017. 140 109 POLICE ORGANIZATION ' kiflk Dboorl PoMce OMe( Sc be ecutNe Assktarrt Mee1i{6daUDeea Accredtiattan 6 CompUance MeitallleiltM Db61an t)nlcrc3r��I�ywar*� Sae Gawor65¢E�flawud IE A�9's'talt Gtte� Arscstatt Larectur-(gym mtmrQtorts Abor�suatl►e Senrl� Ieabealaftala PubYc 5afeq Coeme.rattoea Onaa 1k■t3sq!!I Arripe Star�ord Creme Aniysts accords Mavagemeert �9�ft &Sl�eFt Nra N'3ish taef�aAhCart+r AnpSmlMi CammuNty Resprce Offkea Grim AkanigeRknt C-Sti1R D-911R �r�lboheq tYlrltde'fg�a ��'4��1 Q�ilq'Ikstr�cP SIC moved Marm AM�ea I?at� CTD Trilning Prngrae� Cn�y hk-tr3w Rachel FlQming MkharX R,olsQ Flank Padgott Pant WII1Qnbrock D 1y�� -Nori11 Operaob►s Y -South G�eattns Deputy c31,e(-hve"I -.1 1 s C uty CIt�( Sl�arr A-Sh1ft B-Sll�t be�eoes TraY�t�g tt a6NCate Lt t?r>!sS�meltt Lt Afc18A Beut� U Mrd c?d�rPrs A-lfnitr A-5arth &MoM �Soefb MayorCrtma SpecyiC)Da- AodertM �m9 C-Shift a5ielft besilgatlo�ri Fle►dTral�ing lMaule It AMdsxl Chasten Lt Kaeh Martin Lt Sty Win TIE Smdet><Rraaur�Offlrees 141 110 C-Moetft C-SoetA D-NottA D-South Genet�i hmlbVuol�►� Ct L13�ndM3ys Daretaern Traffk 6 Aato Pond 5pedal Vkti�a YIc9m Seen�s De�enbn Senkes u RestanAat:rer Lt l2m�H/dpbrand Fred Wads Fore�ules 6 Pic Safeq Eng■��tMttt�ett '�IIr b�nent Midiaef Ra4a Q �Bence t Creme Sale Flees 6 Body Cameras Pubilc 5afeb Offlaees Warrar� POLICE SUMMARY OF SERVICES The Denton Police Department constantly strives to connect and build new relationships, while working with the community to improve the quality of life for everyone. The Denton Police Department is an intelligence-led, data-driven, proactive policing organization focused on the tenets of Relational Policing, which is reflected in our Mission, Vision, and Values. MISSION, VISION, VALUES • Mission: "The Mission of the Denton Police Department is to make Denton a safe, sustainable, and livable city for everyone, by keeping victims safe and holding offenders accountable." • Vision: "The sanctity of human life is the foundation by which the Denton Police Department serves. We are committed to leveraging technology, innovation, collaboration, and imagination to make us trusted and respected by our diverse community." • Values: Professionalism, Respect, Integrity, Dedication, and Excellence (P.R.I.D.E.) KEY ISSUES • Obtaining and maintaining sufficient staffing levels throughout the Department to meet the growing public safety needs and expectations of the community. • Addressing the growing vehicular, pedestrian, and bicycle traffic throughout the city. Strategically launching initiatives focusing on Education, Enforcement, and Environmental factors for holistic improvements long-term. • Meeting the challenges of technology and infrastructure, including dispatching software, report management systems, and office space needs. • Planning for, and adequately staffing, the number of large, community-wide special events, such the Arts and Jazz Festival, the North Texas State Fair, and the considerable number of smaller-scale public gatherings in the face of growing attendance and a heightened expectation for public safety and security measures. • Addressing the growing number of people experiencing homelessness and getting them appropriate wrap-around services to address their individual needs. 142 111 Ethan began his career with the City of Denton in November 2008 and served as the Utilities Customer Service Manager for over eight years. In May 2017, Ethan began his tenure as the Director of Solid Waste and Recycling. Ethan's duties were expanded in May 2019 to include oversight of the new Public Works Department. The Public Works department currently provides direction and oversight for Streets, Drainage, Traffic, Fleet Services, and Business Services. The Public Works Department coordinates key operations that support the maintenance, repair, and effective operation of infrastructure and city assets. Ethan has 22 years of management experience and holds a BBA in Finance ETHAN COX and an MBA in Strategic Management, both from the University of North Director of Public Works Texas. He is a member of the American Public Works Association (APWA) and the Solid Waste Association of North America(SWANA). Phone: (940)349-7421 Ethan.Cox@cityofdenton.com Ethan and his wife Brandy were childhood friends and have been happily married for 22 years. They live with their children, Logan and Lola, and their pet labradoodles, Max, Morty, and Milo. CITY OF DENTON 143 112 PUBLIC WORKS ORGANIZATION CHART Director of Public Works Ethan Cox D. Director of Fleet Business Operations Superintendent Services Manager Danny Kremer Terry Kader Tina Ek Streets Fleet Services PW Business Services Traffic Drainage 144 113 DEPARTMENT OF PUBLIC WORKS SUMMARY OF SERVICES The Department of Public Works was established in May 2019 to coordinate key operations associated with the maintenance and repair of infrastructure and equipment. Public Works operations include Streets, Drainage, Traffic, Fleet Services, and Business Services. Public Works' vision is to set the standard for providing infrastructure and services that improve the quality of life within our community. We do this by proactively collaborating with our internal and external stakeholders, planning effectively, operating efficiently, and communicating to all parties openly and transparently. The Streets Division oversees and maintains 1,448 lane miles of roadways throughout the City of Denton. Maintenance and repair activities range from localized repairs to full roadway reconstruction. The Drainage Division is responsible for maintaining 292 miles of storm drain pipe and 30 miles of earthen channels as well as sweeping 805 curb miles. The Traffic Division maintains and oversees the operation of 130 signalized intersections, 68 traffic cameras, 1 AM ft of pavement markings and little over 19,000 signs city wide. Fleet Services manages the full asset lifecycle for approximately 1,280 vehicles and pieces of equipment used in City operations. Services provided include vehicle and equipment specification and procurement, parts, maintenance and repair, rental and leasing, fuel purchasing and management, and asset disposal. The Business Services Division provides administrative, analytical, financial, and technical support to all of Public Works' lines of service. 145 114 KEY ISSUES • Evaluate and improve Department operations to ensure our citizens and businesses are receiving exceptional service and value • Implement and adhere to comprehensive workplans for the construction and maintenance of roadway, drainage, utility, and traffic assets • Maintain and improve the roadway network's condition quality. Timely and appropriate maintenance for good roadways and the reconstruction of failing roadways continues to be the Streets Division's primary focus • Complete a long-range roadway funding strategy to benchmark and improve operational practices and present policy options to fully fund optimal maintenance and repair activities • Improve talent acquisition, training and development, and employee retention • Ensure roadway maintenance projects maintain acceptable detours and appropriate traffic conditions • Provide effective and efficient drainage infrastructure maintenance including mowing,graffiti removal, and trees • Address safety issues associated with low water crossings and open drainage channels • Update department specific ordinances,policies and procedures • Implement recommendations from an operational review of Fleet Services • Continue the adoption of alternative fuels within the City's fleet. Increase the adoption of electric vehicles (EV) within the fleet by evaluating emission reductions, costs/benefits, operational viability, and charging infrastructure. • Conduct vehicle and equipment utilization studies and optimize vehicle use and assignment throughout the organization • Construct a new Fleet facility at the Denton landfill to provide onsite service to Solid Waste vehicles and equipment • Construct a 12-bay expansion of the existing Fleet Services facility • Maintain a 10-year replacement cycle on all signs throughout the city. Replace regulatory and school signs as laid out in the sign replacement work plan. • Perform traffic signal preventative maintenance and conduct annual Malfunction Management Unit(MMU)testing. • Coordinate with construction crews and contractors to renew and replace 500,000 feet of pavement markings per year. • Update outdated signalized intersections with modern Traffic signal cabinets and perform preventative maintenance three times per year. 146 115 Leisha Meine is Chief Technology Officer for the City of Denton which encompasses the leadership,management and oversight of most information technology functions. Her background and professional credentials span more than 32 years of municipal and private sector experience. -ter Ms. Meine came to the City of Denton from the City of Irving, Texas where she served a similar role for close to seven years. Prior to this, she served the City of Odessa for 3 years as Director of Information 31 Technology and University City, MO for seventeen years in a variety of roles as a purchasing agent, city clerk, technology coordinator and finally director of technology. Prior to this, she served in the banking industry in a purchasing and contracts management role. LEISHA MEINE Ms. Meine earned a Bachelor of Science in Information Technology Management Chief Technology Officer from University of Phoenix and a Master of Public Administration from Walden University in Minneapolis,Minnesota. She received a Certified Government Chief Phone: (940) 349-7823 Information Officer designation from the University Of North Carolina School Of leisha.meine@cityofdenton.com Government in 2013. She is an active member in the Texas Association of Government IT Managers. She periodically serves on various committees,recently as chair for the TAGITM Communications committee. She has three adult children, three grandchildren and two dogs. jC01tTFYj0j� DENTON 147 116 TECHNOLOGY SERVICES ORGANIZATION CHART L34= 148 117 TECHNOLOGY SERVICES SUMMARY OF SERVICES Technology Services utilizes information and communications technology to design, select, and implement a variety of technology solutions that assist the City and all City departments with providing services and meeting strategic goals promoting technological and telecommunication growth. The department has six divisions: • Enterprise Applications—Provides business system solutions by developing, enhancing and maintaining business applications. • Enterprise Infrastructure—Centrally manages hosting and voice, data, fiber and radio communications solutions. • Support Services—Provides support for all Technology Services enterprise customer facing functions. • Enterprise Security—Manages the Citywide Information Security Program. Provides specialized support and tools to all City departments,by employing appropriate safeguards required in order to properly protect the City's information assets. • Administration—Provides leadership and financial management to meet the City's Technology needs in accordance with State and Federal regulations. KEY ISSUES • Technology Services, with the help of the recently developed Technology Governance Committee, is identifying and assessing the city's technology environment, i.e. hardware and software; how the city uses technology and evaluate gaps between as-is and best practices. A five-year IT Strategic Plan is being developed to assure the city is staying current with technology, investing in viable and sustainable technology that meets customer's needs, is cost- efficient and easy to support. • Supporting aging core software, buying applications to supplement aging software, as well as, buying software that has similar functionality is expensive and places extra complex support requirements on a constrained technology staff. Technology Governance and technology purchasing policies and practices will be instituted to help bring organization demand for technology services more in line with existing staff resources. • Continuing to address departmental process development in key areas including project management, work order intake,procurement and other essential processes that need both design and automation to enhance productivity and deliverables to our customers. 149 118 Mr. Boerner is the Director of Solid Waste and Recycling for the City of Denton. He is responsible for directing and managing the activities of the Solid Waste Department. Immediately prior to joining the City of Denton, Brian spent 3 years with the City of Dallas managing the McCommas Bluff Landfill and serving as a Safety Officer for the Sanitation Department, 5 years with Chesapeake Energy as a Regulatory Affairs Advisor, and 21 years with the City of Fort Worth as the Environmental Management Director where he led the City's environmental compliance and its solid waste activities. BWAN K. BOERNER Director of Solid Waste He has over 15 years of solid waste specific experience and was responsible Phone: (940)349-8001 for leading Fort Worth's successful migration to a volumetric pay-as-you- Brian.Boemer@cityofdenton.com throw system while maintaining an exceptional customer service experience. Mr. Boerner Serves on the Board of Directors for the Lone Star Chapter of the Solid Waste Association of North America. Brian is a Certified Public Manager and a Certified Hazardous Materials Manager. CITY OF DENTON 150 119 SOLID WASTE & RECYCLING ORGANIZATION CHART Director =Deputy�Director Assistant Director Collections Landfill [Site Operations Administration [ us ine ss Services Asst.Ops Mgr. Working Face HCC Weigh Station Business PEA Resource FDevelopment Residential Site Management Maintenance Analyst Commercial DT Valet 151 120 SOLID WASTE : RECYCLING SUMMARY OF SERVICES The Solid Waste & Recycling Department (SW&R) provides dependable, sustainable, efficient, and fiscally responsible residential and commercial municipal solid waste (MSW) and recycling collection services, as well as disposal services to the community and surrounding area. The Residential Collection Services Division collects refuse, yard waste, brush, single stream recycling, home chemicals, large household items, and electronics. Additionally, Residential offers special collection services for mobility impaired customers that are single family residents. The Commercial Collection Services Division collects refuse, recycling, and construction and demolition debris from multi-family residents, commercial businesses, institutions, and industrial facilities. Drop-off recycling collections centers are also maintained by Commercial Collection Services. The Disposal Division provides landfill disposal, material diversion, and recycling services. KEY ISSUES • Monitoring industry and market trends to ensure Solid Waste is strategically positioned to maximize value for the City of Denton and its citizens • Monitoring changes in the international and domestic recycling markets and acting to ensure the success of Denton's curbside recycling program • Improving multi-family and commercial waste diversion by actively promoting recycling and other waste diversion services • Calibrating Solid Waste rates to ensure the Department's rate structure is competitive, provides value, and sufficiently recovers operational costs • Begin the process to register/permit a Solid Waste Transfer Station in western Denton to provide for efficient and effective community waste and recycling collections and material diversionary needs as the City grows • Continuously evaluating and improving Department operations to ensure our citizens and businesses are receiving exceptional service and value • Improving the Solid Waste department's performance and safety through the development of standard operating procedures and implementation of a robust employee training program 152 121 Stephen joined the City of Denton in March 2021, serving as Director of Water Utilities. Stephen's background includes over two decades of mission and performance driven leadership, management, administrative and utilities operations experience. This experience has been acquired through his service to cities ranging in population from 150,000 in Westminster, Colorado, to over 500,000 in Long Beach,California. Stephen holds a Bachelor of Science in Business Administration, an Executive Master of Science in Crisis and Emergency Management and has 29 years of progressively responsible municipal utilities experience. During his career, he has been exposed to all facets of water, wastewater and reclaimed water operations and is known as a proactive and collaborative STEPHEN D. GAY servant leader that can effectively communicate complex strategies to all Director of Water audiences. Utilities Phone: (940)349-8086 As a leader and manager, Stephen is known to have the ability to inspire, Stephen.Gay@cityofdenton.com motivate and develop an empowered team culture within the organization. His personal, professional and academic experiences have given him a unique set of tools that allow him to manage a breadth of personalities and resources. Stephen is a leader that will challenge his team to look beyond the status quo and embrace emerging technologies and personal imagination to enhance operational efficiency, ensure the sustainability of vital resources and achieve shared goals and objectives. Stephen has led dynamic teams, worked with a myriad of public and private partners and has a proven track record of developing successful collaborative partnerships that work seamlessly day to day and during times of crisis. In addition, Stephen is an active participant in the American Water Works Association, Chairing the National Security and Emergency Preparedness Practices Standards Committee and serves on the Board of Directors for the American Water Works Association. Stephen holds an Executive Master of Science Degree in Crisis and Emergency Management from the University of Nevada, Las Vegas and a Bachelor degree in Business Administration from the University of Pheonix. CITY OF DENTON 153 122 WATER UTILITIES ORGANIZATION CHART Director of Water Utilities Division Manager Division Manager Division Manager Utility Administration Infrastructure Field Operations Treatment Plants Manager Senior Engineer Infrastructure Water Distribution WW Collections Utility Safety Water Reclamation Water Production Management Superintendent Manager Manager Coordinator Superintendent Superintendent Analyst Field Services Field Services W/WW Asset Construction Water Reclamatio Lake Lewisville Contract Control Manager Engineer(2) projects Supervisor- Supervisor- Plant Water Plant Specialist Distribution Construction Field Services Field Services Water Utilities Lake Ray Roberts Administrative GIS Analyst Supervisor— Sup Supervisor & Beneficial Reuse Inspector(2) Metering Maintenance Water Plant Assistant III Water Asset Mgmt Administrative Specialist Assistant III Wastewater Asset Administrative Mgmt Specialist Assistant III Plants Asset Administrative Specialist Assistant III Administrative Assistant 1 154 123 WATER AND WASTEWATER UTILITIES SUMMARY OF SERVICES The primary functions of the Water and Wastewater Utilities are to produce, distribute, and meter potable water and collect, test and treat wastewater for the City of Denton. The treated water must meet or exceed all state and federal regulations. The Water Distribution and Wastewater Collection Divisions are charged with routine and emergency maintenance, and systematic replacement of the system that conveys water to service delivery points and carries wastewater from customers to the Water Reclamation Plant. The Field Technical Services Group provides continual inspection and testing of the water distribution and wastewater collection systems, leads the City's internal construction scheduling activities, maintains and evaluates data relating to forecasting,water conservation, contingency planning. Other responsibilities include water system capital improvement planning, development coordination, wastewater collections system capital improvement planning, development coordination, and liaison with local, state, and federal regulatory authorities. KEY ISSUES Water Production • Regulatory review and awareness for current and future regulations as they relate to the duties and work efforts of the Water Production Division. • Elevated water temperature, from May to October, along with increased water age can cause water quality concerns within the distribution system. Staff continues to manage this issue by cycling the water volume within the water towers, flushing dead-end mains and boosting chloramination where needed. • Accommodating increased water system demands from growth in the far southwestern portion of the City through additional infrastructure investments and optimizing operations. • Completing condition assessments of the 1957 vintage, 27" Lake Lewisville raw water transmission lines and addressing any identified issues. • Ensuring system wide security, cybersecurity and integrity of the Supervisory Control and Data Acquisition(SCADA) system and radio communications by following current industry guidelines and recommendations. • Continued replacement of the aging infrastructure,both with in-house crews and contractors, with the rapidly growing population and demands on the system in the older areas of the city. • Staying ahead of the anticipated water supply needs so as to not impede the rate of development and demands on the water supply system. Water Reclamation • Developing a long-term strategic wastewater system plans to meet increasing population growth with strategic capital improvements that support the rapidly increasing wastewater demands while complying with environmental mandates in the most cost-effective manner. • Executing the wastewater capital projects on time and on budget to not impair the rate of growth. 155 124 • Ensuring continued compliance with changing environmental requirements as treatment facilities manage larger flows and ensuring that our facilities are designed to easily include new technology if so required Employee Retention and Development • Attracting and retaining employees in the distribution and collection repair and construction field with the high demand for skilled labor and construction workers currently occurring in the DFW area. • Competing for and retaining quality employees, through defined training and consistently communicating expectations of each position. • Fostering communication and collaboration between the multiple divisions within water, wastewater, and with other city departments to minimize disruption to Denton citizens and leveraging the internal knowledge base to improve our operation. 156 125 Denton,Texas,Code of Ordinances PART ICHARTER PART I CHARTER' ARTICLE I. INCORPORATION, FORM OF GOVERNMENT AND POWERS Sec. 1.01. Incorporation. The inhabitants of the City of Denton, in Denton County,Texas,within the corporate limits as now established or as hereafter established in the manner prescribed by this charter, shall be and continue to be municipal corporation and the inhabitants thereof shall be a body politic and corporate in perpetuity under the name of the"City of Denton," possessing all power, property and interests which it possessed immediately prior to the time this charter takes effect or may hereafter acquire,and having the duties,obligations and liabilities now incumbent upon or hereafter incurred by the city as a municipal corporation. Sec. 1.02. Boundaries. The boundaries and limits of the City of Denton until changed in the manner herein provided,shall be the same as have heretofore been established and as exist on the date of the adoption of this charter,which boundaries are more fully set out and described by metes and bounds in a book entitled "Official Corporate Limits of the City of Denton,Texas,"which is now,and shall hereafter be,on file in the office of the city secretary of the City of Denton. Sec. 1.03. Extension of city limits. The city council, by a vote of not less than four-fifths(%)of its membership,shall have the power by ordinance to provide for the alteration and extension of said boundary limits,and the annexation of territory lying adjacent to the City,with or without the consent of the inhabitants of the territory annexed. Upon the introduction of any such ordinance to the City Council,such ordinance shall be published one time in the official newspaper of the City of Denton.Amendments may later be incorporated into the proposed ordinance by a vote of not less than four-fifths(4/S)of the membership of the City Council and publication one time in the official newspaper of the City of Denton.The proposed ordinance, or any amendment thereof shall not thereafter be finally acted upon until at least thirty(30) days after the publication thereof; and upon the final passage of any such ordinance,or any amendment thereto,the boundary limits of the City shall thereafter be as fixed thereby. When any additional territory has been so annexed,same shall be a part of the City of Denton,and the property situated therein shall be subject to and shall bear its pro rata part of the taxes levied by the city, and the inhabitants thereof shall be entitled to and shall possess all the rights and privileges of the citizens of the City of Denton,and shall be under obligations as such citizens. 'Editor's note(s)—Published herein is the city's Home Rule Charter which was adopted by the voters at an election held on February 24, 1959.The original arrangement and section numbers have been retained.Subsequent amendments to the Charter are denoted by a history note at the end of the affected section and/or by a note explaining the effect of the amendment. Obviously misspelled words have been corrected without notation.Words added for clarity are enclosed in brackets. Denton,Texas,Code of Ordinances Created: 2022-03-08 16:32:45 [EST] (Supp.No.33,Update 1) Page 1 of 37 157 126 Sec. 1.04. Form of government. The municipal government provided by this charter shall be known as the"council-manager government." Pursuant to its provisions and subject only to the limitations imposed by the state Constitution and by this charter, all powers of the City shall be vested in an elective council, hereinafter referred to as"the council,"which shall enact local legislation,adopt budgets,determine policies and appoint the city manager,who shall execute the laws and administer the government of the city.All powers of the city shall be exercised in the manner prescribed by this charter,or if the manner be not prescribed,then in such manner as may be prescribed by ordinance. Sec. 1.05. Powers of the city. The City of Denton shall have and may exercise all the powers granted to cities by the Constitution or laws of Texas including specifically those powers made available to cities of more than five thousand (5,000) inhabitants by what is known as the Home Rule Amendment to the Constitution of Texas(Article XI,Section 5 and the Home Rule Enabling Act(Vernon's Texas Codes Annotated,Texas Local Government Code Section 5.004,Chapter 9, Chapter 26,and Subchapter E of Chapter 51),as these laws now read or may hereafter be amended.The city may acquire property within or without its corporate limits for any municipal purpose; may cooperate with the government of Texas or any agency thereof,or with the federal government or any agency thereof,or with the government of any county, city,or political subdivision to accomplish any lawful purpose for the advancement of the health, morals, safety,convenience,or welfare of the city or its inhabitants; may sell, lease, mortgage, hold, manage,and control such property as its interest may require; provided the city shall not sell,convey, lease, mortgage, or otherwise alienate the entire assets of any public utility system or any portion thereof essential to continued effective utility service without the prior approval by a majority of the qualified voters of the city who vote at an election held for this purpose;and may exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter or the Constitution or laws of Texas.The enumeration of particular powers in this Charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied thereby or appropriate to the exercise thereof,the city shall have and may exercise all other powers which under the Constitution and general laws of this state it would be competent for this Charter to specifically enumerate. (Ord. No.99-057,Amend. No. 2,2-16-99, ratified 5-1-99) Sec. 1.06. Liabilities, exemptions and limitations. (a) No property belonging to the city shall be subject to any execution of any kind or nature. (b) No fund belonging to the city shall be subject to garnishment,attachment or sequestration, and the city shall never be required to answer in any garnishment proceedings. (c) No assignment of wages or other compensation earned,or to be earned, by any employee of the city shall be valid and the city shall never be required to recognize any such assignment or to answer in any proceeding thereon. (d) The City of Denton shall never be liable for death or personal injury of a person or for property damages of any kind unless within ninety(90)days after the occurrence causing the damage,death,injury,or destruction a notice in writing by or on behalf of the person injured or claiming damages, if living,or the person's representative, if dead,or the owners of the property injured or destroyed is delivered to the city manager stating specifically and accurately in complete detail when,where, and how the exact death,injury, destruction,or damages occurred,the full extent of the injury,the basis of the claim,and the amount of damages claimed or asserted.This notice shall also include the residence of the claimant by street number on the date the claim is presented,the residence of the claimant for six(6) months immediately preceding Created: 2022-03-08 16:32:42 [EST] (Supp.No.33,Update 1) Page 2 of 37 158 127 the occurrence of the death, injury, or destruction, and the names and addresses of all witnesses that are known at the time upon who it is relied to establish the claim for damages; provided, however, nothing in this subsection shall be construed to affect or repeal the provision in subsection (e)of this section relating to the liability of the city for damages on account of injuries received on the public streets, highways, alleys, grounds, public works,and public places of the city. (e) The City of Denton shall never be liable for personal injury or property damages resulting from any defect in any public street, highway,alley,grounds or public work of the city unless the specific defect causing the injury or damage shall have been known to the city manager from personal inspection or written notice thereof for a period of at least twenty-four(24) hours prior to the occurrence of the injury or damage and proper diligence shall not have been used to rectify the defect after such inspection or notice.Such notice shall be required whether the defect arose from any act or omission of the city itself through its agent or employee,or otherwise. (f) No provision of this section shall ever be so construed to expand the liability of the city. (Ord. No.99-057,Amend. No. 3,2-16-99, ratified 5-1-99; Ord. No. 2006-232,Amend. No. 2,8-28-06, ratified 11-7- 06) Sec. 1.07. Gender neutral. Whenever used in this Charter,a word importing the masculine gender only shall extend and be applied to include females,and,where applicable,to firms, partnerships,and corporations,as well as males. (Ord. No.99-057,Amend. No.4,2-16-99, ratified 5-1-99) ARTICLE II. THE COUNCIL Sec. 2.01. Number, selection and term. (a) The city council shall have seven (7) members,six(6)councilpersons and a mayor.The manner of their election is prescribed herein. Each councilperson shall be elected to and occupy a place on the council,such places being numbered one(1),two(2),three(3),four(4),five(5)and six(6).The mayor's position on the council shall be place seven (7). (b) Four(4) members of the council whose positions shall be places one(1),two(2),three(3)and four(4),shall be residents of and elected by the qualified voters of single-member geographical districts of the city, known as districts one(1),two(2),three(3)and four(4),as such districts may from time to time be determined by the city council in accordance with Section 2.01(d),and created and described by ordinance.Two(2) members of the council and the mayor shall be elected by the qualified voters of the entire city,commonly known as at large.One(1)at large member, place five(5),shall be a resident of district one(1)or two(2), and one (1)at large member, place six(6),shall be a resident of district three(3)or four(4). (c) (1) Each member of the council including the mayor shall hold a place on the city council,and shall be elected to such place for a two-year term. No member of the council or the mayor,who has been elected to three(3) consecutive full terms in a place,shall be eligible to file for election for that same place,whether elected before or after the effective date of this provision,without having first been off the council for at least one annual council election cycle. Nothing herein shall be deemed to prohibit the council members or the mayor from being elected to other places on the council or as mayor,so long as otherwise eligible,except that no council member or the mayor shall be elected to or serve for more than twelve(12)consecutive years. Created: 2022-03-08 16:32:42 [EST] (Supp.No.33,Update 1) Page 3 of 37 159 128 (2) A person who has become ineligible to serve pursuant to Section 2.01(c)(1)shall not be eligible to be elected to a place on the council or as mayor without having first been off the council for at least one annual council election cycle, after which such person shall regain eligibility for office, if otherwise eligible under this Charter. (d) The council shall from time to time create and describe by ordinance election districts known as districts one (1),two(2),three(3)and four(4).Such districts shall be created so that each will contain,as nearly as possible,a population equivalent to the others,according to the latest available census data. (Ord. No.76-12,Amend. No. 1,4-5-76;Ord. No.79-86, §2, 12-11-79, ratified 1-19-80;Ord. No. 2009-199,Amend. No. 1,9-1-09, ratified 11-3-09) Sec. 2.02. Qualifications. (a) Each member of the council, in addition to having the other qualifications prescribed by law: (1) Shall be registered to vote in the city; (2) Shall have domiciled for at least one year next preceding his or her election within the corporate limits of Denton and, if running within a single member geographic district, or at large place five(5) requiring a domicile in district one(1)or two(2),or at large place six(6) requiring a domicile in district three(3) or four(4),as set forth in Section 2.01,for at least one year preceding his or her election in the district in which elected;further,shall continuously be domiciled within the corporate limits of Denton and, if elected within a single member geographic district,or at large place five(5) requiring a domicile in district one(1)or two(2), or at large place six(6) requiring a domicile in district three(3)or four(4), in the district in which elected throughout his or her term of office. (3) Shall not hold any other public office of emolument; (4) Shall have and maintain the eligibility requirements for municipal officers set forth in Section 141.001 of the Texas Election Code,Vernon's Texas Civil Statutes Annotated hereinafter referred to as"Election Code" as it may now read or hereafter be amended. (b) If a member of the council shall,after being elected, cease to possess any of these qualifications or eligibility requirements,or shall hold another office of emolument,or enter a plea of guilty to a felony,or be convicted of a felony he or she shall immediately forfeit his or her office. (c) City Councilmember Stipend. Each member of the City Council shall receive compensation in the form of a monthly stipend as set forth in this section.The initial monthly stipend shall be seven hundred fifty dollars ($750.00)for each member of the City Council elected from a district or at large position,and one thousand dollars($1,000.00)for the Mayor elected at large.These initial amounts shall become effective on ratification of this charter provision. City Council may, by a separate ordinance, approve an adjustment in the stipend no more frequently than once per fiscal year, but no increase in such compensation shall take effect until commencement of the terms of the Mayor and/or Council Members elected at the next regular election.Any increase in the amount of the stipend shall not exceed three(3) percent of the then-current stipend amount unless approved by a two-thirds(%)vote of the Council.The stipend shall be reported in the annual city budget as a separate line item. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80;Ord. No.99-057,Amend. No. 5,2-16-99, ratified 5-1-99; Ord. No. 2009-199,Amend. No. 2,9-1-09, ratified 11-3-09;Ord. No.2017-237, § 1(Amends.A, E), 8-15-17, ratified 11-7-17; Ord. No. 2017-373, §2(Props.A, E), 11-20-17) Created: 2022-03-08 16:32:42 [EST] (Supp.No.33,Update 1) Page 4 of 37 160 129 Sec. 2.03. Presiding officer: Mayor and mayor pro tem. The mayor shall preside at the meetings of the council and shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of martial law, but shall not interfere with the managerial duties and responsibilities of the city manager.The mayor shall have all the same powers and privileges as any other councilmember, including entitlement to vote upon all matters considered by the council, but shall have no veto power.The council shall,as soon as possible after the annual election,elect from its membership a mayor pro tem.The mayor pro tem shall act as mayor during the absence or disability of the mayor. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80;Ord. No.2009-199,Amend. No.3,9-1-08, ratified 11-3-09) Sec. 2.04. Vacancies in council. Where a vacancy in any place on the council, including that of mayor,shall occur,the vacant place shall be filled by a special election,and,where necessary, by a runoff election, in the same manner as provided in this Charter for the regular election of the councilperson.Such special election shall be held on the first authorized uniform election date following the creation of the vacancy occurring on or after the thirtieth day after the date the election is ordered.The runoff election,where necessary,shall be held in accordance with the requirements of the Election Code and all other applicable laws; provided, however,that where a vacancy shall occur within one hundred and twenty(120)days of a regular election, no special election to fill the vacancy shall be called, unless more than one vacancy occurs. (Ord. No.76-12,Amend. No.2,4-5-76;Ord. No.99-057,Amend. No. 6, 2-16-99, ratified 5-1-99;Ord. No. 2009-199, Amend. No. 3,9-1-09, ratified 11-3-09) Sec. 2.05. Meetings of the council. (a) As soon as practicable after each city council election and in accordance with state law,the council shall meet at the city hall and the newly-elected members shall qualify and assume the duties of office. Thereafter,the council shall meet regularly at city hall at such times as may be prescribed by its rules but not less frequently than once each calendar month.Special called meetings may be held from time to time at city hall or other locations accessible to the public. (b) Special meetings shall be called by the city secretary upon request of the mayor,city manager,or a majority of the members of the council. (c) The city manager shall attend all meetings of the council and may take part in the discussion of all matters coming before the council but shall have no vote. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80;Ord. No.2006-232,Amend. No. 3,8-28-06, ratified 11-7-06) Sec. 2.06. Quorum,voting. (a) A majority of the members of the council shall constitute a quorum for the transaction of business,and the affirmative vote of a majority of the council shall be necessary to repeal any ordinance or take any official action in the name of the city,except as otherwise provided in this Charter or by the general laws of the State of Texas. (b) The ayes and noes shall be taken upon the passage of all ordinances or resolutions and the vote of each member shall be recorded in the minutes. (Ord. No.76-12,Amend. No.3,4-5-76;Ord. No.79-86, §2, 12-11-79, ratified 1-19-80) Created: 2022-03-08 16:32:42 [EST] (Supp.No.33,Update 1) Page 5 of 37 161 130 Sec. 2.07. Rules of procedure, minutes. The council shall determine its own rules of procedure and order of business. Except as may otherwise be provided by state law,such as certain executive sessions under the Texas Open Meetings Act, being Chapter 551 of the Texas Government Code, minutes of all meetings of the council shall be taken and preserved as a permanent record open to the public for inspection. (Ord. No.2006-232,Amend. No.4,8-28-06, ratified 11-7-06) Sec. 2.08. Powers of the council. Except as otherwise provided by this charter all powers of the city and the determination of all matters of policy shall be vested in the council.Without limitation of the powers granted or delegated to the city by the Constitution,statutes,or this Charter,the council shall have power to: (a) Appoint and remove the city manager. (b) Appoint and remove the city attorney,the city auditor,and the municipal court judge. (c) Approve members of all boards,commissions and committees serving the city. (d) Adopt the budget of the city. (e) Fix the salary of the city manager,city auditor, city attorney, and the municipal court judge. (f) Authorize by ordinance the issuance of bonds,assignments of revenue or warrants. (g) Approve plats. (h) Adopt and modify the official map of the city. (i) Adopt and modify the zoning plan, including any and all zoning and land use regulations to the fullest extent allowed by law. (j) Provide for the establishment and designation of fire limits and prescribe the kind and character of buildings,structures,or improvements which may be erected therein,and provide for the condemnation of dangerous or dilapidated buildings or structures which increase the fire hazard and the manner of their removal or destruction. (k) Adopt and modify the building code. (1) After receiving a recommendation from the planning commission adopt, modify and carry out plans proposed by the planning commission for the clearance of slum districts and rehabilitation of blighted areas,and for the replanning, improvement and redevelopment of any area or district which may have been destroyed in whole or in part by disaster. (m) Regulate, license and fix the charges or fares made by any person,firm or corporation owning, operating or controlling any vehicle of any character used for the carrying of passengers for hire or the transportation of freight for hire on the public streets or alleys of the city. (n) Provide by ordinance for the exercise of the police powers of the city. (o) Establish and maintain a free public library and to cooperate for such purposes with any person,firm, association or political subdivision in the manner prescribed by ordinance. (p) Provide by ordinance for the exercise by this city of any and all powers of local self-government not made self-enacting by this charter or by statute. Created: 2022-03-08 16:32:43 [EST] (Supp.No.33,Update 1) Page 6 of 37 162 131 (q) Inquire into the conduct of any office,department or agency of the city and make investigations of municipal affairs. (r) Provide for an independent audit. (s) Perform the districting and redistricting function. (Ord. No.76-12,Amend. No.4,4-5-76;Ord. No.79-86, §2, 12-11-79, ratified 1-19-80;Ord. No. 2006-232,Amend. No. 5,8-28-06, ratified 11-7-06) Sec. 2.09. Ordinances. (a) In addition to such acts of the council as are required by statutes or by this charter to be by ordinance,every act of the council establishing a fine or other penalty or providing for the expenditure of funds or for the contracting of indebtedness,shall be by ordinance.The enacting clause of all ordinances shall be: "The Council of the City of Denton hereby ordains:" (b) Every ordinance shall be introduced in written, printed,or electronic form and passed in compliance with section 2.06 of this Article, authenticated by the signatures of the mayor(or mayor pro tem)and the city secretary and systematically recorded in an ordinance book in a manner approved by the council. It shall be necessary to record only the caption or title of each ordinance in the minutes of the council. (c) A full text of every penal ordinance,or in lieu thereof a descriptive caption or title stating in summary the purpose of the ordinance and the penalty for violation thereof,shall be published at least twice in the official newspaper of the City of Denton within ten (10)days after the passage of such ordinance; provided that any penal ordinance shall become effective not less than fourteen (14)days from the date of its passage.All other ordinances,except those specifically required by this charter to be published,are not required to be published in either the official newspaper of the city or in any other publication, and such ordinances shall become effective upon passage or on the date specified therein. (d) The council shall have power to cause the ordinances of the city to be corrected, amended, revised,codified and printed in code form as often as the council deems necessary and advisable,and such printed code, when adopted by the council,shall be in full force and effect without the necessity of publishing the same or any part thereof in the official newspaper except that the ordinance adopting the same shall be published one time in the official newspaper of the city.Such printed code shall be admitted in evidence in all courts and places without further proof. (Ord. No. 2006-232,Amend. No.6,8-28-06, ratified 11-7-06) Sec. 2.10. Council not to interfere in appointments or removals. Neither the council nor any of its members shall direct or request the appointment of any person to, or his or her removal from,office by any officer appointed by the city council under Section 2.08 of this Charter or by any of his or her subordinates. Except for the purpose of inquiry,the council and its members shall deal with the administrative service solely through the officers appointed by the city council and neither the council nor any member thereof shall give orders to any subordinates of the officers appointed by the city council, either publicly or privately. (Ord. No.2009-199,Amend. No.4,9-1-09, ratified 11-3-09) Created: 2022-03-08 16:32:43 [EST] (Supp.No.33,Update 1) Page 7 of 37 163 132 Sec. 2.11. Employee bonds. The council shall require bonds of all municipal officers and employees who receive or pay out any monies of the city.The amount of such bonds shall be determined by the council and the cost thereof shall be borne by the city. Sec. 2.12. City secretary. The city secretary shall be appointed by the city manager subject to the approval of the council. He shall serve as clerk of the council,give notice of its meetings, keep the journal of its proceedings,authenticate by his signature and record in full in a book kept for the purpose all ordinances and resolutions,and perform such other duties as this charter may provide or as the city manager may assign him. Sec. 2.13. Independent annual audit. (a) Prior to the end of each fiscal year,the council shall designate a certified public accountant who,as of the end of the fiscal year,shall make an independent audit of accounts and other evidences of financial transactions of the city government and shall submit his report to the council and to the city manager.Such accountant shall have no personal interest,direct or indirect, in the fiscal affairs of the city government or of any of its officers. He shall not maintain any accounts or records of the city business, but within specifications approved by the council,shall post-audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or agency of the city government. (b) A copy of such audit shall be kept in the office of the city secretary subject to inspection by any citizen during regular office hours. ARTICLE III. NOMINATIONS AND ELECTIONS Sec. 3.01. Municipal elections. (a) The regular election for the choice of members of the City Council as provided in Article II shall be held each year on the uniform election day for municipal elections in May established by the Election Code.The Council may by resolution or ordinance order special elections which shall be held as nearly as practicable according to the provisions for a regular election.The hours and places for holding all City elections shall be determined by the City Council.All elections shall be conducted in accordance with the Election Code and all other applicable laws as they now read or may hereafter be amended. (b) On the first Saturday in April immediately following adoption of Section 2.01,and the drawing of election district boundaries by the council,the voters shall elect: (1) The mayor, place seven (7),for a term of two(2)years. (2) Two(2)councilmembers, places five(5)and six(6),for terms of two(2)years each. (3) One(1)councilmember for an interim term of one(1)year.This position shall be denominated for such interim term as place four(4)and such councilmember shall be elected from the city at large and may be a resident of any district. At the next following regular annual municipal election after the one referred to above in this section,the district and at large system provided in Section 2.01 shall take full effect. Created: 2022-03-08 16:32:43 [EST] (Supp.No.33,Update 1) Page 8 of 37 164 133 (c) Councilmembers holding office at the time the charter amendments to Section 2.01 are adopted (places one (1),two(2)and three(3))shall serve the remainder of their unexpired terms as at large members of the council. (d) If any councilmember whose term would not otherwise expire at the time of the canvass of the results of the election specified in Section 3.01(b)shall enter said election,such councilmember's term shall be deemed to have been vacated at the time of the canvass of said election results,whether the candidacy of said councilmember is successful or not. (e) Neither the mayor nor any member of the council shall become a candidate for election to any position on the council,other than for reelection to the same seat, unless such candidate shall first submit to the city secretary his written resignation from the council to be effective at the time of the canvass of the results of the next regularly scheduled election. If such candidate's unexpired term would otherwise extend beyond the date of such canvass,the city secretary shall notify the council and an election shall be held on the date of the next regularly scheduled election to fill the unexpired term of said resigning councilmember. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80;Ord. No.99-057,Amend. No. 7,2-16-99, ratified 5-1-99; Ord. No. 2006-232,Amend. No. 7,8-28-06, ratified 11-7-06) Sec. 3.02. Nominations. (a) Any qualified person may have his or her name placed on the ballot as a candidate for councilmember by filing with the city secretary not more than ninety(90)days nor less than thirty(30)days prior to the date of election an application in substantially the following form: I, do hereby declare that I am a candidate for the Council of the City of Denton and request that my name be printed upon the official Ballot for that office in the next city election. I am aware of the nepotism law, chapter 573 of the Government Code. I am qualified to serve on the council with respect to the qualifications set forth in the Charter. I reside at Denton,Texas. Signed The foregoing petition was filed with the City Secretary on the day of , 19_ City Secretary (b) As an alternative method,any qualified person may be nominated for councilmember by a written petition signed by the greater twenty five(25)qualified voters of the city or one-half of one percent of the total votes received by all candidates for mayor in the most recent mayoral general election, provided the candidate signs the petition certifying his or her acceptance. One such petition shall be circulated and signed for each nominee or candidate.With each signature shall be stated the place of residence of the signer,giving the street and number or other description sufficient to identify it. Nominating petitions shall be filed with the city secretary not more than ninety(90)days nor less than thirty(30)days before the election day,and shall be in substantially the following form: We,the undersigned electors of the City of Denton, hereby nominate whose residence address is as a candidate for councilmember of the City of Denton,to be voted for at the election to be held on the day of , 19_;and we individually certify that we are qualified to vote for a candidate for the council. Created: 2022-03-08 16:32:43 [EST] (Supp.No.33,Update 1) Page 9 of 37 165 134 Name I Address I Date of Signing (Spaces for the greater twenty five(25)or one-half of one percent of the total votes received for candidates for Mayor signatures and required data) Acceptance of Nomination I am qualified to serve on the council of the City of Denton with respect to the qualifications set forth in this Charter. I hereby accept the nomination for councilmember and agree to serve if elected. Signature of Candidate Statement of Circulator The undersigned is the circulator of the foregoing petition containing signatures. Each signature was appended thereto in my presence and is the genuine signature of the person whose name it purports to be. Signature of Circulator Address of Circulator The foregoing petition was filed with the City Secretary on the day of , 19_ City Secretary (Ord. No.99-057,Amend. No. 8,2-16-99, ratified 5-1-99) Sec. 3.03. Official ballot. The city secretary shall make up the official ballot from the names presented to him.The order in which the names of the candidates for each place shall appear on the ballot shall be determined by lot in a drawing held under the supervision of the city secretary,at which drawing each candidate or his designated representative shall have a right to be present.All official ballots shall be printed at least twenty(20)days prior to the date of any general or special election,and absentee voting shall be governed by the general laws of the State of Texas. Sec. 3.04. Canvass: Election returns, results. (a) Immediately after counting the votes,the presiding judge shall deliver the official returns of the election to the city secretary. Not earlier than the third day or later than the sixth day after the election or as otherwise required by the Election Code and all other applicable laws,the city council shall canvass the returns and declare the results.The returns of every municipal election shall be recorded in the minutes of the council. (b) The candidates receiving the majority of the votes cast for each place shall be declared elected. If no candidate receives a majority,or if there is a tie for any one place,the council shall order a runoff election which shall be held not earlier than the twentieth or later than the thirtieth day after the date the final canvass of the regular election is completed or as otherwise required by the Election Code and all other applicable laws.Only the names of the candidates who tie for the highest number of votes cast for that Created: 2022-03-08 16:32:43 [EST] (Supp.No.33,Update 1) Page 10 of 37 166 135 place,or the two(2)candidates who receive the highest number of votes with neither having a majority of votes cast for that place,shall be printed on the ballot for each election. In the event of a tie vote at the runoff election,the candidates who tie shall cast lots in the presence of the City Secretary to determine which one shall be declared elected,and said lots shall be cast within five (5)days of the runoff election in accordance with Section 2.028 of the Election Code and all other applicable laws. (c) Immediately after the election results have been declared the mayor shall deliver certificates of election to the successful candidates. Each councilman shall take the oath of office as soon thereafter as practicable at which time his term of office shall begin. (Ord. No.76-12,Amend. No. 1,4-5-76;Ord. No.79-86, §2, 12-11-79, ratified 1-19-80;Ord. No.99-057,Amend. No.9, 2-16-99, ratified 5-1-99) Sec. 3.05. Regulation of elections. Except as otherwise provided by this charter,all city elections shall be governed by the applicable provisions of the Election Code of the State of Texas, as now or hereafter amended.The council shall have the power to make such additional regulations as may be necessary. State law ref ere nce(s)—Elections,V.T.C.A., Election Code§ 1.005 et seq. ARTICLE IV. INITIATIVE, REFERENDUM AND RECALL Sec. 4.01. Power of initiative. The electors shall have power to propose any ordinance,except an ordinance appropriating money or authorizing the levy of taxes,and to adopt or reject the proposed ordinance at the polls,such power being known as the initiative.Any initiative ordinance may be submitted to the council by a petition signed by qualified voters of the city equal in number to at least twenty-five percent of the number of votes cast at the last regular municipal election. Sec. 4.02. Power of referendum. The electors shall have power to approve or reject at the polls any ordinance passed by the council or submitted by the council to a vote of the electors,except an ordinance appropriating money, issuing bonds or authorizing the levying of taxes,such power being known as the referendum.Within twenty(20)days after the enactment by the council of any ordinance which is subject to a referendum,a petition signed by qualified voters of the city equal in number to at least twenty-five percent(25%)of the number of votes cast at the last preceding regular municipal election may be filed with the city secretary requesting that any such ordinance be either repealed or submitted to a vote of the electors. Sec. 4.03. Form of petition, committee of petitioners. Initiative petition papers shall contain the full text of the proposed ordinance. Referendum petition papers shall contain the full text of the ordinance which they propose to repeal.The signatures to initiative or referendum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer shall sign his name in ink or indelible pencil and shall give after his name his place of residence by street and number,or other description sufficient to identify the place.There shall appear on each petition the names and addresses of the same five(5)electors,who,as a committee of the petitioners,shall be regarded as responsible for the circulation and filing of the petition. Created: 2022-03-08 16:32:43 [EST] (Supp.No.33,Update 1) Page 11 of 37 167 136 Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he,and he only, personally circulated the foregoing paper,that it bears a stated number of signatures,that all the signatures were appended thereto in his presence and that he believes them to be the genuine signatures of the persons whose names they purport to be. Sec. 4.04. Filing, examination and certification of petitions. All papers comprising an initiative or referendum petition shall be assembled and filed with the city secretary as one instrument.Within twenty(20)days after a petition is filed,the city secretary shall determine whether each paper of the petition bears the required affidavit of the circulator and whether the petition is signed by a sufficient number of qualified voters.After completing his examination of the petition,the city secretary shall certify the result thereof to the council at its next regular meeting. If he shall certify that the petition is insufficient he shall set forth in his certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of his findings. Sec. 4.05. Amendment of petitions. An initiative or referendum petition may be amended at any time within ten (10)days after the notification of insufficiency has been sent by the city secretary, by filing a supplementary petition upon additional papers signed and filed as provided in the case of an original petition.The city secretary shall within five(5) days after such an amendment is filed, examine the amended petition and, if the petition is still insufficient, he shall file his certificate to that effect in his office and notify the committee of the petitioners of his findings and no further action shall be had on such insufficient petition.The findings of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Sec. 4.06. Effect of certification of referendum petition. When a referendum petition,or amended petition as defined in section 4.05 of this article, has been certified as sufficient by the city secretary,the ordinance specified in the petition shall not go into effect,or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the electors as hereinafter provided. Sec. 4.07. Consideration by council. Whenever the council receives a certified initiative or referendum petition from the city secretary, it shall proceed at once to consider such petition.A proposed initiative ordinance shall be read and provision shall be made for a public hearing upon the proposed ordinance.The council shall take final action on the ordinance within sixty(60)days after the date on which such ordinance was certified to the council by the city secretary.A referred ordinance shall be reconsidered by the council and its final vote upon such reconsideration shall be upon the question, "Shall the ordinance specified in the referendum petition be repealed?" Sec. 4.08. Submission of electors. If the council shall fail to pass an ordinance proposed by initiative petition,or shall pass it in a form different from that set forth in the petition therefor,or if the council shall fail to repeal a referred ordinance,the proposed or referred ordinance shall be submitted to the electors not less than thirty(30)days nor more than sixty(60)days from the date the council takes its final vote thereon. If no regular election is to be held within such period the council shall provide for a special election. Created: 2022-03-08 16:32:43 [EST] (Supp.No.33,Update 1) Page 12 of 37 168 137 Sec. 4.09. Form of ballot for initiated and referred ordinances. Ordinances submitted to a vote of the electors in accordance with the initiative and referendum provisions of this charter shall be submitted by ballot title,which shall be prepared in all cases by the city attorney.The ballot title may be different from the legal title of any such initiated or referred ordinance and shall be a clear,concise statement,without argument or prejudice,descriptive of the substance of such ordinance. If a paper ballot is used it shall have below the ballot title the following propositions,one above the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE."Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any paper ballot used for voting thereon shall be for that purpose only. If voting machines are used,the ballot title shall have below it the same two(2) propositions,one above the other or one preceding the other in the order indicated,and the elector shall be given an opportunity to vote for or against the ordinance. Sec. 4.10. Results of election, publication. (a) If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the city.A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. (b) Initiative ordinances adopted and referendum ordinances approved by the electors shall be published, and may be amended or repealed by the council in the same manner as other ordinances. Sec. 4.11. Recall of councilmen. Any member of the city council may be removed from office by a recall election. Sec. 4.12. Recall petition, committee of petitioners. Recall petition papers shall contain the name of the councilman (or names of the councilmen)whose removal is sought,and a clear and concise statement of the grounds for his(or their) removal.There shall appear at the head of each petition the names and addresses of five electors,who,as a committee of the petitioners shall be regarded as responsible for the circulation and filing of the petition. Each signer of any petition paper shall sign his name in ink or indelible pencil and give after his name his place of residence by street and number,or other description sufficient to identify the place,and the date his signature was affixed. No signature to such petition shall remain effective or be counted which was placed thereon more than forty-five(45)days prior to the filing of such petition with the city secretary.The signatures to a recall petition need not all be appended to one paper, but to each separate petition there shall be attached an affidavit of the circulator thereof that he,and he only, personally circulated the foregoing paper,that it bears a stated number of signatures,that all signatures were appended thereto in his presence and that he believes them to be the genuine signatures of the persons whose names they purport to be. Sec. 4.13. Filing and certification of petitions, recall election. (a) All papers comprising a recall petition shall be assembled and filed with the city secretary as one instrument. Within seven (7) days after a petition is filed,the city secretary shall determine whether each paper bears the names of five(5)electors who constitute a committee of the petitioners,and the required affidavit of the circulator thereof, and whether the petition is signed by qualified voters of the constituency of the councilmember whose removal is sought equal in number to at least twenty-five(25) percent of the number of the votes cast for that councilmember and all of his opponents in the last preceding general municipal election in which he was a candidate.As used herein "constituency"shall mean the qualified voters eligible Created: 2022-03-08 16:32:43 [EST] (Supp.No.33,Update 1) Page 13 of 37 169 138 to vote for the councilmember whose removal is sought,either by geographical district or at large,as the case may be. (b) If the city secretary finds the petition insufficient he shall return it to the committee of the petitioners, without prejudice, however,to the filing of a new petition based upon new and different grounds, but not upon the same grounds. If the city secretary finds the petition sufficient and in compliance with the provisions of this Article of the Charter he shall submit the petition and his certificate of its sufficiency to the council at its next regular meeting and immediately notify the councilman whose removal is sought of such action. (c) If the councilman whose removal is sought does not resign within seven (7)days after such notice the city council shall thereupon order and fix a date for holding a recall election not less than thirty(30) nor more than sixty(60)days after the petition has been presented to the council. If no general election is to be held within this time the council shall provide for a special election. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80) Sec. 4.14. Recall election ballots. Ballots used at recall elections shall conform to the following requirements: (a) With respect to each person whose removal is sought the question shall be submitted: "SHALL(name of person) BE REMOVED FROM THE CITY COUNCIL BY RECALL?" (b) Immediately below each such question shall be printed the two following propositions,one above the other, in the order indicated: "YES" "NO" Sec. 4.15. Results of recall election. If a majority of the votes cast at a recall election shall be against the recall of the councilman named on the ballot, he shall continue in office. If a majority of the votes cast at a recall election be for the recall of the councilman named on the ballot, he shall be deemed removed from office and the vacancy shall be filled in the manner prescribed in Article II,section 2.04 of this charter. Sec. 4.16. Limitations on recalls. No petition shall be filed against a councilmember within six(6) months after he takes office nor against a councilmember who has been subjected to a recall election and not removed thereby until at least six(6) months after such election.Should a regular election occur during the time when a recall petition is current and should the person(s) being recalled be reelected,the recall petition shall be null and void. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80) Sec. 4.17. District judge may order election. Should the city council fail or refuse to order any recall election when all of the requirements for such election have been complied with by the petitioning electors in conformity with this Article of the charter,then it shall be the duty of the District Judge of Denton County, upon proper application therefor,to order such election and effectuate the provisions of this Article of the charter. Created: 2022-03-08 16:32:43 [EST] (Supp.No.33,Update 1) Page 14 of 37 170 139 PARTI-CHARTER ARTICLE V.THE CITY MANAGER ARTICLE V. THE CITY MANAGER Sec. 5.01. The city manager: Qualifications. The city manager shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in or his knowledge of accepted practice in respect to the duties of his office,as hereinafter set forth, provided that any person who is appointed city manager must have had at least two(2)years of experience as a city manager or assistant city manager,or the equivalent thereof.At the time of his appointment he need not be a resident of the city or state but during his tenure of office he shall reside within the city. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80) Sec. 5.02. The city manager: Term and salary. (a) The council shall appoint the city manager for an indefinite term and may remove him by a majority vote of its members.At least thirty(30)days before such removal shall become effective,the council shall by a majority vote of its members adopt a preliminary resolution stating the reasons for his removal.The city manager may reply in writing and may request a hearing at a public meeting of the council,which shall be held not earlier than twenty(20)days nor later than thirty(30)days after the filing of such request. Pending such hearing the council may suspend the city manager from duty but may not suspend or reduce his salary. After such public hearing, if one be requested,and after full consideration,the council by majority vote of its members may adopt a final resolution of removal. (b) The city manager's salary shall be fixed by the council. Sec. 5.03. The city manager: Powers and duties. The city manager shall be the chief executive officer and the head of the administrative branch of the city government. He shall be responsible to the council for the proper administration of all affairs of the city placed under his control by this Charter or by ordinance or resolution of the council,and to that end he shall: (a) Appoint and remove any employee of the city,except as otherwise provided by this Charter and except as he,or she may authorize the head of a department to appoint and remove subordinates in such department. (b) Prepare the annual budget and submit it to the council and be responsible for its administration after adoption. (c) Prepare and submit to the council at the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year. (d) Attend all meetings of the council,with the right to take part in the discussion, but having no vote. (e) Keep the council advised of the financial condition and future needs of the city and make such recommendations as may seem to him desirable. (f) Appoint,subject to the approval of the council,the city secretary. (g) Perform such other duties as may be prescribed by this Charter or required of him by the council not inconsistent with this Charter. Denton,Texas,Code of Ordinances Created: 2022-03-08 16:32:43 [EST] (Supp.No.33,Update 1) Page 15 of 37 171 140 (Ord. No. 2006-232,Amend. No.8,8-28-06, ratified 11-7-06) Sec. 5.04. Absence of city manager. To perform his duties during his temporary absence or disability,the [city] manager shall designate by letter filed with the city secretary a qualified administrative officer of the city.The administrative officer thus designated shall perform the duties of the [city] manager until he shall return or his disability shall cease or until the council by resolution designates another officer of the city to perform such duties. Sec. 5.05. Administrative departments. The city manager is hereby authorized to organize the employees of the city into various departments and divisions with the concurrence of the city council. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80) Secs. 5.06, 5.07. Reserved. Editor's note(s)—Ord. No. 79-86, §2, adopted Dec. 11, 1979,and ratified Jan. 19, 1980,deleted former sections 5.06 and 5.07 which pertained to directors of departments and departmental divisions and were derived unamended from the Charter adopted Feb. 24, 1959. ARTICLE VI. CITY ATTORNEY, MUNICIPAL COURT AND CITY AUDITOR Sec. 6.01. City attorney: appointment. The city attorney,who shall be head of the legal department,shall be a qualified attorney-at-law licensed to practice in the State of Texas. He,or she shall be appointed by the council, and serve at the pleasure of the city council. He,or she shall receive such compensation as may be fixed by the council. (Ord. No. 2006-232,Amend. No.9,8-28-06, ratified 11-7-06) Sec. 6.02. City attorney: powers and duties. (a) The city attorney shall represent the city in all litigation and controversies and shall prosecute all cases brought before the municipal court. He,or she shall draft,approve or file his,or her written opinion on the legality of every proposed ordinance before it is acted upon by the council,and shall pass upon all documents,contracts and other legal instruments in which the city may have an interest. (b) He,or she shall be the legal advisor of the city manager,city council,and of all boards,commissions, agencies,officers and employees with respect to any legal question involving their official powers or duties. He,or she shall perform such other duties as may be required by statute, by this Charter or by ordinance. (c) The council may authorize the appointment of such assistant city attorneys as may be needed to perform the duties of this department.The city attorney may designate an assistant city attorney to act as city attorney in case of his or her temporary absence of not more than three weeks.The council may authorize the appointment of a temporary city attorney to act for the city attorney in the case of a longer temporary absence or disability. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80;Ord. No.2006-232,Amend. No.9,8-28-06, ratified 11-7-06) Created: 2022-03-08 16:32:43 [EST] (Supp.No.33,Update 1) Page 16 of 37 172 141 Sec. 6.03. Municipal court. (a) There is hereby established a court which shall be known as the"Municipal Court No. 1 of the City of Denton." Municipal Court No. 1 shall have the jurisdiction and be conducted as a municipal court of record in accordance with Vernon's Texas Codes Annotated Texas Government Code subchapter FF,chapter 30, §§ 30.1211 through 30.01233 inclusive and applicable state law as these laws may now read or hereafter be amended.All costs and fines imposed by the municipal court shall be paid into the city treasury for the use and benefit of the city.The city council may, by ordinance,create additional municipal courts or municipal courts of record if so authorized under the provisions of applicable law. (b) The municipal judge shall preside over the municipal court.The municipal judge shall be a qualified attorney- at-law licensed to practice in the State of Texas in good standing and shall have such other qualifications as required by subchapter FF of chapter 30 of the Texas Government Code and other applicable laws as these laws may now read or hereafter be amended. He or she shall be appointed by,and shall serve at the pleasure of the council.The municipal judge shall receive such compensation as may be fixed by the council. The municipal judge shall have all the powers and duties assigned to a municipal judge by the Charter, other city ordinances,subchapter FF of chapter 30 of the Texas Government Code, or other applicable state laws. (c) There shall be one regularly scheduled session of the court each week and as many other sessions as, in the discretion of the municipal judge, may be necessary for the timely transaction of the business of the court. (d) The council may appoint such assistant municipal judges or additional municipal judges as may be necessary to perform the duties of the municipal court or a temporary municipal judge to act for the municipal judge in the case of his or her temporary absence or disability, and such assistant,additional,or temporary municipal judge shall receive such compensation as may be set by the council.All such assistant,additional,or temporary municipal judges,when appointed,shall have all of the other powers and duties assigned to the municipal judge herein. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80;Ord. No.99-057,Amend. No. 10,2-16-99, ratified 5-1-99) Sec. 6.04. City Internal Auditor. The City Internal Auditor shall be appointed by the City Council,shall serve at the pleasure of the City Council,and shall perform such auditing duties herein described or as may be assigned by the Council.The position of the City Internal Auditor is to be held on a continuous,fulltime basis.On an interim basis,the City Council may engage external independent auditing resources to accomplish the Internal Audit function. The City Internal Auditor is responsible for providing(a)an independent appraisal of City operations to ensure policies and procedures are in place and complied with, inclusive of purchasing and contracting; (b) information that is accurate and reliable; (c)that assets are properly recorded and safeguarded; (d)that risks are identified and minimized;and (e)that resources are used economically and efficiently,and that the City's objectives are being achieved. The City Internal Auditor is responsible for directing all internal audit functions for the City of Denton to eliminate waste,fraud,and abuse. (Ord. No.2006-232,Amend. No.9,8-28-06, ratified 11-7-06; Ord. No. 2017-237,§ 1(Amend.C),8-15-17, ratified 11-7-17;Ord. No. 2017-373,§2(Prop. C), 11-20-17) Created: 2022-03-08 16:32:43 [EST] (Supp.No.33,Update 1) Page 17 of 37 173 142 PARTI-CHARTER ARTICLE VII. REVENUE AND TAXATION ARTICLE VII. REVENUE AND TAXATION Sec. 7.01. Property subject to tax. The city council is authorized to levy and collect taxes,to seize and sell property for delinquent taxes,to create tax liens,and to exercise all other powers and authority pursuant to the Tax Code,Vernon's Texas Codes Annotated and all other applicable laws as they now read or may hereafter be amended. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80;Ord. No.99-057,Amend. No. 11,2-16-99, ratified 5-1-99) Sec. 7.02. Reserved. Editor's note(s)-Ord. No.99-057,Amend. No. 1,adopted February 16, 1999, ratified May 1, 1999, repealed § 7.02,which pertained to payment, delinquencies,and penalties,and derived from Ord. No.79-86,§2, adopted Dec. 11, 1979, ratified Jan. 19, 1980. Sec. 7.03. Reserved. Editor's note(s)-Ord. No.99-057,Amend. No. 11,adopted February 16, 1999, ratified May 1, 1999, repealed § 7.02,which pertained to seizure and sale of property for delinquent taxes,and derived from Ord. No.79-86, §2,adopted Dec. 11, 1979, ratified Jan. 19, 1980. Sec. 7.04. Reserved. Editor's note(s)-Ord. No.99-057,Amend. No. 11,adopted February 16, 1999, ratified May 1, 1999, repealed § 7.02,which pertained to tax liens, and derived from Ord. No. 79-86, §2,adopted Dec. 11, 1979, ratified Jan. 19, 1980. Sec. 7.05. Ratification. All taxes heretofore assessed by the City of Denton are ratified and all ordinances relating to taxes now in force shall continue until amendment or repeal by the council. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80) 2Editor's note(s)-Ord. No.79-86, §2,adopted Dec. 11, 1979,and ratified Jan. 19, 1980,deleted former sections 7.01-7.15 and 7.17-7.23 which pertained to the director of finance; procedures relative to accounting, payment of claims, purchasing, disbursement of funds, payment of claims and audits;the treasurer;the tax assessor-collector;the board of equalization and procedures relative to taxation and were derived from the Charter adopted Feb. 24, 1959,as amended by Ord. No.76-12,Amend. No. 5,adopted April 5, 1976.Section 2 of Ord. No.79-86 also renumbered former sections 7.16 and 7.24-7.29 as sections 7.01-7.07. Denton,Texas,Code of Ordinances Created: 2022-03-08 16:32:43 [EST] (Supp.No.33,Update 1) Page 18 of 37 174 143 Sec. 7.06. General powers. In addition to the powers herein conferred with reference to the assessment and collection of taxes,the City of Denton shall have and may exercise all powers and authority now conferred or that may hereafter be conferred upon cities having a population of more than five thousand (5,000) inhabitants by the general laws of the State of Texas. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80) Sec. 7.07. Borrowing in anticipation of property taxes. In any budget year, in anticipation of the collection of the property tax for such year,whether levied or to be levied in such year,the council may by resolution authorize the borrowing of money by the issuance of negotiable notes of the city,each of which shall be designated "Tax Anticipation Note for the Year 19_" (stating the budget year).Such notes shall not be renewable but shall mature and be paid not later than the end of the fiscal year in which the original notes have been issued. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80) ARTICLE VIII. BUDGET Sec. 8.01. Fiscal year. The fiscal year of the city government which began on June 1, 1958,shall end on May 31, 1959.The next succeeding fiscal year shall begin on June 1, 1959,and end on September 30, 1959, and shall constitute an interim fiscal period.After September 30, 1959,the fiscal year of the city shall begin on the first day of October and end on the last day of September of each calendar year.The fiscal year established by this charter shall also constitute the budget and accounting year. Sec. 8.02. Interim budget. The city manager shall submit to the council an interim budget which shall be prepared,as nearly as practicable in accordance with the requirements for the budget document herein prescribed,for the interim fiscal period hereinabove established. Following the approval of such interim budget,the council shall enact such appropriation or other ordinances as may be necessary for the effectuation of the interim budget. Sec. 8.03. Preparation and submission of budget. Within the time period required by law,the city manager shall submit to the council a proposed budget for the ensuing fiscal year.The budget shall provide a complete financial plan for the fiscal year,and the budget shall be prepared on the basis of policy priorities defined by the council for the city manager at least one hundred twenty(120)days before the end of the fiscal year. (Ord. No.76-12,Amend. No.6,4-5-76;Ord. No. 2006-232,Amend. No. 10,8-28-06, ratified 11-7-06) Created: 2022-03-08 16:32:43 [EST] (Supp.No.33,Update 1) Page 19 of 37 175 144 Sec. 8.04. Public hearing on budget. The council shall hold a public hearing on the proposed budget..Any taxpayer of the municipality may attend and may participate in the hearing,which shall be set for a date after the fifteenth day after the date the proposed budget is filed with the city secretary but before the date the city council makes its tax levy.The council shall provide for public notice of the date,time,and location of the hearing. In addition to this notice,the city council shall publish notice before the public hearing related to the budget in at least one newspaper of general circulation in Denton County.This notice shall be published not earlier than the thirtieth or later than the tenth day before the date of the public hearing.The city council shall provide such other notice as may be required by state and all other applicable law.The city council may make such changes in the budget that it considers warranted by the law or by the best interests of the municipal taxpayers and may increase or decrease the items of the budget provided the total proposed expenditures shall not exceed the total anticipated revenue. (Ord. No.99-057,Amend. No. 12,2-16-99, ratified 5-1-99) Sec. 8.05. Adoption of budget. The budget shall be finally adopted by the favorable votes of at least a majority of all members of the council after the conclusion of the public hearing.Should the council take no final action at the conclusion of the public hearing and before the end of the fiscal year,the budget as submitted by the city manager shall be deemed to have been finally adopted by the council. (Ord. No.99-057,Amend. No. 13,2-16-99, ratified 5-1-99) Sec. 8.06. Budget establishes appropriations and tax levy. Upon final adoption,the budget shall be in effect for the budget year. Final adoption of the budget by the council shall constitute the official appropriation of the several amounts stated therein as proposed expenditures for the budget year.A copy of the budget as finally adopted shall be filed with the city secretary,the county clerk of Denton County and the state comptroller of public accounts in Austin.All appropriations that have not been expended or lawfully encumbered shall lapse at the end of the budget year. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80) Sec. 8.07. Transfer of appropriations. At any time during the fiscal year,the city manager may transfer any part of the unencumbered appropriation balance or the entire balance thereof between programs or general classifications of expenditures within an office,department,agency,or organizational unit.At any time during the fiscal year,at the request of the city manager the council may by resolution transfer any part of the unencumbered appropriation balance or the entire balance thereof from one office,department,agency, or organizational unit to another. (Ord. No.99-057,Amend. No. 14,2-16-99, ratified 5-1-99) Sec. 8.08. Amending the budget. The budget may be amended for municipal purposes by the affirmative vote of at least five(5) members of the council, in accordance with applicable law. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80;Ord. No.2006-232,Amend. No. 11,8-28-06, ratified 11-7-06) Created: 2022-03-08 16:32:43 [EST] (Supp.No.33,Update 1) Page 20 of 37 176 145 Sec. 8.09. Budget a public record. The budget, budget message and all supporting schedules shall be a public record in the office of the city secretary open to public inspection.The city manager shall cause sufficient copies of the budget and budget message to be prepared for distribution to interested persons. ARTICLE IX. BORROWING FOR PERMANENT IMPROVEMENTS Sec. 9.01. Power to issue bonds. (a) The City of Denton shall have the right and power to issue general obligation bonds to finance any capital project which it may lawfully construct or acquire or for any other legitimate public purpose.The general obligation bonded debt of the city shall only be increased by the consent of the majority of the qualified voters of the city voting at an election held for that purpose.A bond election shall be ordered and notice given by ordinance, consistent with the requirements for holding elections set forth in Article III of this Charter and in accordance with the applicable laws of the State of Texas as they now read or may hereafter be amended. (b) The city shall have the power to issue revenue bonds against the anticipated revenues of any municipally- owned utility or other self-liquidating municipal function to pay the debt incurred on account of such utility or function. In no event shall revenue bonds be considered an indebtedness of the city nor be repaid from bonds secured by taxation. (c) No bonds or warrants shall be issued to fund any overdraft or indebtedness incurred for current expenses of the city government. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80;Ord. No.99-057,Amend. No. 15,2-16-99, ratified 5-1-99) Sec. 9.02. Bond ordinance and election. (a) After approval by a majority of the qualified voters voting at a general obligation bond election called for the purpose of authorizing the issuance of general obligation bonded debt,the city shall authorize the issuance of such bonds by a bond ordinance passed by an affirmative vote of a majority of all members of the council. The city council may approve the issuance of revenue bonds without an election by authorizing the issuance of such bonds by bond ordinance passed by an affirmative vote of the majority of all members of the council. (b) Before any bond ordinance is passed by the council an attorney or attorneys specializing in municipal bonds shall be retained by the city to advise with the council in all matters pertaining to the proposed bond ordinance,and no action shall be taken until a written instrument has been prepared by the bond attorneys certifying the legality of the proposal.The bond attorneys shall assist the city attorney and the council in preparing all ordinances and other legal instruments required in the execution and sale of any bonds issued. (c) The election ordinance on a bond proposal shall provide for proper notice,the calling of the election and the propositions to be submitted. It shall distinctly specify: (1) The purpose for which the bonds are to be issued,and where possible,the probable period of usefulness of the improvements for which the bond funds are to be expended. (2) The amount thereof. (3) The rate of interest, if known. (4) The levy of taxes sufficient to pay interest and sinking fund. Created: 2022-03-08 16:32:44 [EST] (Supp.No.33,Update 1) Page 21 of 37 177 146 (5) That the bonds to be issued shall mature serially within a given number of years. (6) A determination of the net debt of the city after issuance of the bonds thereby authorized,together with a declaration that the bonds thereby authorized will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas. (Ord. No.99-057,Amend. No. 16,2-16-99, ratified 5-1-99; Ord. No. 2006-232,Amend. No. 12, 8-28-06, ratified 11- 7-06) Sec. 9.03. Execution of bonds. All bonds shall be signed by the mayor,countersigned by the city secretary,and imprinted with the seal of the city, and shall be payable at such time as may be fixed, not more than forty(40)years from their date. Sec. 9.04. Sale of bonds. All bonds shall be sold in accordance with applicable law. (Ord. No.2006-232,Amend. No. 13,8-28-06, ratified 11-7-06) Sec. 9.05. Sinking fund for general obligation bonds. It shall be the duty of the council each year to levy a tax sufficient to pay the interest and provide the necessary sinking fund required by law on all general obligation bonds outstanding,and if a deficiency appears at any time in such fund the council shall,for the next succeeding year, levy an additional tax sufficient to discharge such deficiency. Sec. 9.06. Bond register. The director of finance shall prepare, maintain and cause to be filed in the office of the city secretary a complete bond register,showing all bonds,the date and amount thereof,the rate of interest,a schedule of maturity dates, and a record of all bonds and all other transactions of the council having reference to the refunding of any indebtedness of the city.When bonds or their coupons are paid,their payment or cancellation shall be noted in the register. Sec. 9.07. Misapplication of bond funds. Any officer or employee of the city who shall wilfully or knowingly,direct or use any funds arising from the issuance of any bond or sinking fund for any other purpose than that for which the fund is created or is herein otherwise authorized,shall be subject to prosecution as provided by the laws of the state on the diversion and conversion of funds belonging to any of the municipalities of the state. Sec. 9.08. Assessments for improvements. All of the terms, powers and applicable provisions of Chapter 9,Title 28, of the Revised Civil Statutes of the State of Texas,as now or hereafter amended, relating to assessments for street improvements are hereby adopted as a part of this charter and hereby constitute an alternative authority and method which the City of Denton may use in improving streets, alleys,and public places and levying assessments therefor; provided,the city shall have the power in all cases to make such improvements with its own forces if,in the opinion of the council,the work can be done more expeditiously or economically. Created: 2022-03-08 16:32:44 [EST] (Supp.No.33,Update 1) Page 22 of 37 178 147 PARTI-CHARTER ARTICLE X. PLANNING AND ZONING ARTICLE X. PLANNING AND ZONING Sec. 10.01. Reserved. Editor's note(s)—Ord. No. 79-86, §2, adopted Dec. 11, 1979,and ratified Jan. 19, 1980,deleted former section 10.01 which pertained to the director of planning and was derived unamended from the Charter adopted Feb. 24, 1959. Sec. 10.02. Planning and zoning commission. (a) There shall be a planning and zoning commission which shall consist of seven (7) members,who,during their respective terms of office and for at least one year prior to beginning thereof,shall be residents of the City of Denton.They shall be appointed by the council for a term of two(2)years, provided four(4) members shall be appointed each odd-numbered year and three(3) members each even-numbered year. (b) None of the appointed members shall hold any other public office or position in the city while serving on the planning and zoning commission.The planning and zoning commission shall elect its chairman from among its members.Seven (7) members shall serve without pay and shall adopt such rules and regulations as they deem best governing their actions, proceedings,deliberations,and the times and places of meetings,subject to council review. (c) If a vacancy occurs in the city planning and zoning commission the council shall appoint a commissioner to fill such vacancy for the unexpired term. (Ord. No.76-12,Amend. No.7,4-5-76;Ord. No. 2006-232,Amend. No. 14,8-28-06, ratified 11-7-06) Sec. 10.03. Planning and zoning commission: Powers and duties. (a) In addition to the powers and duties set forth in this charter,the planning and zoning commission shall have the powers and duties of a planning and zoning commission under state law, including without limitation those under Chapters 211 and 212 of the Texas Local Government Code,as may be amended from time to time,and shall perform such other powers and duties as may be assigned by the council.The planning and zoning commission may: (1) Make,amend,extend and add to the master plan for the physical development of the city. (2) Recommend to the council regulations governing the platting or subdividing of land within the city. (The applicable provisions of Chapter 212 of the Texas Local Government Code as now or hereafter amended,are hereby adopted and made a part of this charter,and shall be controlling on the planning and zoning commission.) (3) Make recommendations to the council regarding proposed changes to the official map of the city and keep such map up-to-date so as to reflect any changes in the boundary or the zoning plan of the city. (4) Make and recommend plans for the clearance and rebuilding of any slum districts or blighted areas within the city. (5) Make recommendations to the council regarding proposed changes in the zoning plan and ordinance of this city and have all the power,duty and authority of a zoning commission as provided in Chapter 211 Denton,Texas,Code of Ordinances Created: 2022-03-08 16:32:44 [EST] (Supp.No.33,Update 1) Page 23 of 37 179 148 of the Texas Local Government Code, as now or as hereinafter amended, all of which are hereby adopted as a part of this charter. (6) Submit annually to the City Manager prior to the beginning of the budget year,a list of recommended general obligation capital improvements which in the opinion of the Commission ought to be constructed during the forthcoming five(5)year period. (Such list shall be arranged in order of preference,with recommendations as to which projects should be constructed in which year,and the City Manager shall forthwith furnish a copy of such recommendations to each member of the Council.) (7) Promote public interest in and understanding of the master plan and of planning, zoning,clearance of blighted areas and development of the city. (8) Meet not less than once each month and keep a public record of its resolutions,findings and determinations. (9) Hold such public hearings as it may deem desirable in the public interest and advise the council upon such matters as the council may request its advice. (b) For the accomplishment of the foregoing purposes the planning and zoning commission is hereby empowered to: (1) Require information which shall be furnished within a reasonable time from the other departments of the city government in relation to its work. (2) Request additional assistance for special survey work of the city manager,who may at his discretion assign to the planning and zoning commission,employees of any administrative department or direct such department to make special studies requested by the commission. (3) In the performance of its functions,enter upon any land and make examinations and surveys. (4) Make and recommend plans for the replanning, improvement and redevelopment of neighborhoods or of any area or district which may be destroyed in whole or in part or seriously damaged by fire, earthquake,flood or disaster. (Ord. No.99-057,Amend. No. 17,2-16-99, ratified 5-1-99; Ord. No. 2006-232,Amend. No. 15, 8-28-06, ratified 11- 7-06) Sec. 10.04. The master plan. The master plan for the physical development of the city,with the accompanying maps, plats,charts, descriptive and explanatory matter,shall show the commission's recommendations for the development of city territory,and may include, among other things: (a) The general location,character and extent of streets, bridges, parks,waterways and other public ways, grounds and spaces. (b) The general location of public buildings and other public property. (c) The general location and extent of public utilities,whether publicly or privately owned. (d) The removal, relocation,widening,extension, narrowing,vacation,abandonment or change of use of such existing or future public ways,grounds,spaces, buildings, property or utilities. (e) The general extent and location of public housing projects and slum-clearance projects. Created: 2022-03-08 16:32:44 [EST] (Supp.No.33,Update 1) Page 24 of 37 180 149 Sec. 10.05. Legal effect of master plan. Except in circumstances where plat approval is not required or the public improvement is so small as not to appear on the master plan, no street, park,or other public way,ground or space, no public building or structure and no public utility whether publicly or privately owned,shall be constructed or authorized in the City until and unless the location and extent thereof shall have been submitted to and approved by the Planning and Zoning Commission; provided that, in case of disapproval,the Commission shall within thirty(30)days communicate its reasons to the Council,which shall have the power to overrule such disapproval,and, upon such overruling,the Council or the appropriate office,department,or agency shall have the power to proceed. (Ord. No.99-057,Amend. No. 18,2-16-99, ratified 5-1-99; Ord. No. 2006-232,Amend. No. 16,8-28-06, ratified 11- 7-06) Sec. 10.06. Zoning. (a) For the purpose of promoting health,safety, morals or the general welfare of the community,the council may by ordinance regulate and restrict the height, number of stories and size of buildings and other structures,the percentage of lot that may be occupied,the size of yards,courts and other open spaces,the density of population and the location and use of buildings,structures and land for trade, industry, residence or other purposes.Such ordinance shall provide that the board of adjustment may, in appropriate cases and subject to appropriate principles,standards, rules,conditions and safeguards set forth in the ordinance, authorize variances from and make special exceptions to the zoning regulations in harmony with their general purpose and intent. (b) For any or all of said purposes the council may divide the city into districts of such number,shape and area as may be deemed best suited to carry out the purposes of this section;and within such districts it may regulate and restrict the erection,construction, reconstruction,alteration, repair or use of buildings,structures or land.All such regulations shall be uniform for each district, but the regulations in one district may differ from those in other districts. (c) Such regulations shall be made in accordance with a comprehensive plan and be designed to lessen congestion in the streets;to secure safety from fire, panic and other dangers;to promote health or the general welfare;to provide adequate light and air;to prevent the overcrowding of land;to avoid undue concentration of population;to facilitate the adequate provision of transportation,water,sewerage,schools, parks, public convenience and other public requirements.Such regulations shall be made with reasonable consideration of the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the city. Sec. 10.07. Board of adjustment. The city council shall by ordinance establish a board of adjustment which shall consist of at least seven (7) members who shall have the qualifications, powers, and duties and serve for the terms provided by the city council in an ordinance creating the board.All current members of the board of adjustment and the board shall continue to serve under the current provisions of the City Charter until such ordinance creating the board is enacted and effective. (Ord. No.99-057,Amend. No. 19,2-16-99, ratified 5-1-99) Created: 2022-03-08 16:32:44 [EST] (Supp.No.33,Update 1) Page 25 of 37 181 150 Sec. 10.08. Platting or subdivision control. The planning and zoning commission shall recommend to the council the adoption of regulations governing the platting or subdividing within the city or within the area under the extraterritorial jurisdiction of the city,and the owner of every such subdivision shall comply with all of the provisions of Article 974a and 6626,Vernon's Texas Civil Statutes, 1948, [V.T.C.A., Local Government Code§212.002 et seq.and V.T.C.A., Property Code§ 12.001 et seq.] as now or hereafter amended.Such regulation may provide for the harmonious development of the city within the subdivided land with other existing or planned streets and ways or for conformance with the master plan or official map,for adequate open spaces,spaces for traffic, utilities, recreation, light and air and for the avoidance of congestion of population.Such regulations may include requirements as to the extent to which and the manner in which streets and other ways shall be graded and improved and water,sewer and other utility mains, piping,connections or other facilities shall be installed as a condition precedent to the approval of a subdivision. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80;Ord. No.2006-232,Amend. No. 17,8-28-06, ratified 11-7-06) Sec. 10.09. Reserved. Editor's note(s)—Ord. No. 79-86, §2, adopted Dec. 11, 1979,and ratified Jan. 19, 1980,deleted former section 10.09 which pertained to the tentative approval of plats and was derived unamended from the Charter adopted Feb.24, 1959. Sec. 10.10. Building permits, use and occupancy certificates. (a) The city shall have the power to prohibit the erection,construction or use of any building or structure of any kind within the city without a permit having first been issued, by the city,for the construction or erection of such building or structure,and without a use and occupancy certificate having been issued for the use actually made of such premises and structure and may authorize a fee to be charged for such permit. In pursuance of this authority the council may authorize the inspection of all buildings and structures during the progress of their construction or thereafter and may require new construction, renovation, or reconstruction to comply with all building regulations. (b) For the purpose of preserving property values, protecting the public health, preventing the blighting of areas within the city, promoting safety and the public welfare the council may fix a minimum standard for the construction and use of housing accommodations and other structures within this city and prohibit the construction, erection and use of substandard housing and other substandard structures. (Ord. No.2006-232,Amend. No. 18,8-28-06, ratified 11-7-06) Sec. 10.11. Official map. The council may by ordinance establish an official map of the city,on which shall be shown and indicated all public streets existing and established by law at the time of the establishment of the official map. Sec. 10.12. Slum clearance and rehabilitation of blighted areas. The council may,after receiving a recommendation from the planning and zoning commission adopt, modify and carry out plans for the clearance of slum districts and blighted areas within the city and,for the accomplishment of this purpose, may acquire by purchase or condemnation all privately owned lands, buildings and other real property interests within the district; may establish, locate, relocate, build and improve the streets Created: 2022-03-08 16:32:44 [EST] (Supp.No.33,Update 1) Page 26 of 37 182 151 and other public open spaces provided for in the plan; may maintain, operate, lease or sell said buildings or any of them; may sell the land or any part thereof designated for buildings and private open spaces upon such terms and conditions and subject to such restrictions as to building uses and open spaces as will substantially carry out and effect the plan. (Ord. No.2006-232,Amend. No. 19,8-28-06, ratified 11-7-06) ARTICLE XI. PARKS AND RECREATION Sec. 11.01. Reserved. Editor's note(s)—Ord. No. 79-86, §2, adopted Dec. 11, 1979,and ratified Jan. 19, 1980,deleted former section 11.01 which pertained to the director of parks and recreation and was derived unamended from the Charter adopted Feb.24, 1959. Sec. 11.02. Park and recreation board. The city council shall by ordinance establish a board which shall advise the council on parks and recreation and which shall consist of at least seven (7) residents of the city who shall have the qualifications,duties,and powers and serve for the terms provided by the city council in the ordinance creating the board.All current members of the parks and recreation board and the board shall continue to serve under the current provisions of the City Charter until the ordinance creating the board is enacted and effective. (Ord. No.99-057,Amend. No. 20,2-16-99, ratified 5-1-99) ARTICLE XII. PUBLIC UTILITIES Sec. 12.01. General powers respecting utilities. (a) The City of Denton may license, regulate,fix the rates,control and supervise public utilities of all kinds. (b) In addition to such public utilities as it may now own,the City of Denton may own,acquire,construct, maintain, and operate any other public utility that may be approved by a majority of the qualified voters of the City voting therefor at an election held for such purpose;and shall have power for the purpose of operating and maintaining any such utility, and for distributing such service throughout the city or any portion thereof, but in such condemnation proceedings no allowance shall be made for the value of any franchise and only the actual physical assets shall be purchased by the City. Sec. 12.02. Rates. The city shall have the power,subject to limitations imposed by state law and this Charter,to fix and,from time to time, revise such rates and charges as it may deem advisable for supplying such utility services as the city may provide.The utilities shall provide no free services;the rates and charges for services to city departments and other public agencies shall be the same as the regular rates and charges fixed for similar services to consumers generally.The rates and charges for services to consumers outside the corporate limits of the city may be greater but shall not be less than the rates and charges for similar service to consumers within the corporate limits of the city. Created: 2022-03-08 16:32:44 [EST] (Supp.No.33,Update 1) Page 27 of 37 183 152 Sec. 12.03. Excess revenues of utility systems. (a) Any money remaining in the"System Fund" after all necessary expenses of operation and maintenance of the utility systems, including salaries, labor and materials, have been paid, upon proper approval, and after all payments have been made into the several funds required and provided to be made by the ordinance or ordinances authorizing the issuance of any revenue bonds of the city, now outstanding or hereafter authorized and issued which may be payable from and secured by a pledge of the net earnings of the light, water or sewer systems,shall be deemed "Excess Revenues"for the purposes of this section. "System Fund" as used herein shall mean the fund (or funds as may be required by outstanding bond issues)into which are deposited the gross incomes derived from the operation of the above named utility systems. (b) Excess Revenues shall be utilized at the times and for the purposes as follows: (1) After all of the requirements of the various funds have been met,there shall be computed a return on the net investment in the utility system.The"Net Investment"figure used in these computations shall be taken from the independent audit of the utility systems for the last fiscal period.The city shall be entitled to receive annually on the net investment from excess revenues, if any, not more than six(6) percent of the net investment. (2) Any remaining excess revenues shall be used for the redemption and retirement of utility revenue bonds, as they become available at not more than fair market value. If utility revenue bonds are not available,these funds shall immediately be invested in short-term United States Government securities or at the option of the city, placed on time deposit in the city depository to draw interest.As utility revenue bonds become available,sufficient United States Government securities shall be sold or time deposits withdrawn to purchase the longest maturities available on the market. Sec. 12.04. Disposal of utility properties. No sale,conveyance, lease,or other alienation of the entire assets of any utility system or any part thereof essential to continued effective utility service,shall ever be made unless such sale, lease,or disposal is approved by a majority vote of all the qualified voters voting in an election held for that purpose in the City of Denton. (Ord. No.99-057,Amend. No. 22,2-16-99, ratified 5-1-99) Sec. 12.05. Cooperation of other city departments. The [public utilities] board shall have the right to request the services of any officer or department of the city government; provided, however,that the utility system shall pay out of its revenues a proportionate part of the expenses of the department used in an amount agreed upon by the city manager and the board. If they fail to agree,the final decision on any such expenses shall be made by the city council. Sec. 12.06. Reserved. Editor's note(s)—Ord. No. 79-86, §2, adopted Dec. 11, 1979,and ratified Jan. 19, 1980,deleted former section 12.06 which pertained to the director of utilities and was derived unamended from the Charter adopted Feb. 24, 1959. Sec. 12.07. The public utilities board. (a) There is hereby created a public utilities board to be composed of seven (7) members,or as many members as there are councilmembers,whichever is greater,appointed by the council for four-year terms and until Created: 2022-03-08 16:32:44 [EST] (Supp.No.33,Update 1) Page 28 of 37 184 153 their respective successors have been appointed and qualified. Members of the board may be removed by the council only for cause and only after charges have been filed and published and the member has been given a reasonable opportunity to defend himself in an open public hearing before the council.Vacancies shall be filled for any unexpired term in the same manner as provided for regular appointments. (b) The city manager and director of utilities shall be ex officio members of the board.They shall attend all meetings of the board and shall have the right to discuss any matter that is under consideration by the board but shall have no vote. (c) Members of the public utilities board shall have the same qualifications as are required by membership on the city council. (d) At its organizational meeting,and annually thereafter as soon as the newly appointed member(or members) has qualified;the board shall select from its own membership a chairman,vice-chairman,and secretary.A majority of the regularly appointed members shall constitute a quorum.The board shall determine its own rules and order of business.The board shall meet at least once each month;all meetings shall be conducted in accordance with the Texas Open Meetings Act,chapter 551 of the Texas Government Code,as it may now read or hereafter be amended and all other applicable laws and a permanent record of proceedings shall be maintained,except as otherwise provided by law. (Ord. No.76-12,Amend. No.8,4-5-76;Ord. No.99-057,Amend. No. 23,2-16-99, ratified 5-1-99; Ord. No. 2006- 232,Amend. No. 20,8-28-06, ratified 11-7-06) Sec. 12.08. Powers and duties of the public utilities board. (a) The board shall serve the department of utilities and city council as a consulting,and advisory board. (b) The annual budget for the department of utilities shall be prepared by the director and submitted to the board in the form required by the city manager.The board shall review the budget, make such changes therein as they deem appropriate,then return it to the director who shall deliver it to the city manager for incorporation without any changes,in the proposed general budget of the city and transmission to the council. (c) The public utilities board is hereby authorized to expend such funds for information and advertising as shall be budgeted for this purpose. (d) All actions recommending expansion of the system and the making of additions and betterments thereto or extensions thereof,the incurring of indebtedness,the issuance of bonds,and the fixing of rates and charges for utility services shall be submitted to the board for review and approval; provided,that in case of disapproval,the board shall within thirty(30)days communicate the reasons for its disapproval to the council,which shall have the power to overrule such disapproval,and, upon such overruling,the council or the appropriate department shall have power to proceed;and provided further that all rates and charges for utility services shall be reviewed by the board and revised or reenacted by the council at intervals not exceeding five(5)years and beginning with the year 1960. (e) The board shall submit annually to the planning and zoning commission (for incorporation in its report), prior to the beginning of the budget year,a list of recommended capital improvements,which in the opinion of the board ought to be constructed during the forthcoming five(5)year period.Such list shall be arranged in order of preference,with recommendations as to which projects should be constructed in which year. (f) It shall be the duty of the board to act in an advisory capacity to the council,with authority to hold public hearings and to study and recommend policies relating to the operation, promotion,enlargement,future planning and such other matters involving city-owned utilities as may be referred to it by the council.At intervals not exceeding ten (10)years the council shall at the expense of the utilities involved,cause a Created: 2022-03-08 16:32:44 [EST] (Supp.No.33,Update 1) Page 29 of 37 185 154 general management survey to be made of all utilities under the jurisdiction of the board by a competent management consulting or industrial engineering firm,the report and recommendations of which shall be made public; provided,that the first such survey shall be made within three(3)years of the effective date of this Charter. (Ord. No.2006-232,Amend. No. 21,8-28-06, ratified 11-7-06) ARTICLE XIII. FRANCHISES Sec. 13.01. Franchises: public utilities. (a) The city council may by ordinance grant, renew and extend all franchises of all public utilities operating within the city, and,with the consent of the franchise holder, amend such franchise. No franchise shall ever be granted for a longer term than twenty(20)years. No franchise for a term of twenty(20)years shall be granted except upon the condition that the City of Denton shall have the right,at any time after the expiration of eighteen (18)years,to purchase the property of such franchise holder,or cause a purchaser to buy such property and thereby terminate or transfer the franchise and all privileges enjoyed thereunder, provided that the purchase when made by the city shall not in the case of a fixed term franchise take effect until the expiration of twenty(20)years from the time such franchise was granted. (b) The city shall have the power to provide and fix in any franchise the amount or amounts(or the basis for determining the same),to be paid in case it shall buy or cause a purchaser to buy any such property. (c) Every ordinance granting, amending, renewing or extending a public utility franchise shall be passed by a majority vote of the entire city council at three(3) regular meetings of the council; no such ordinance shall take effect until thirty(30)days after its final passage; pending such time the full text of the ordinance shall be published once each week for three(3)consecutive weeks in the official newspaper published in the City of Denton, and the expense of such publication shall be borne by the grantee of the franchise;and such ordinance shall be subject to referendum as provided in Article IV of this Charter. No public utility franchise shall be transferable except with the approval of the council expressed by ordinance. (d) After due notice and hearing,the council may by ordinance cancel or repeal a public utility franchise for failure of the grantee to comply with the terms of the franchise. Sec. 13.02. Franchises: use of streets. The city may by ordinance grant franchises or permits for the use and occupancy of streets,avenues,alleys or other public grounds belonging to or under the control of the city. Before such ordinance can become effective it shall be passed by a majority vote of the entire city council at two(2) regular meetings of the council; no such ordinance shall take effect until twenty-one(21)days after its final passage; pending such time the full text of the ordinance shall be published once each week for two(2)consecutive weeks in the official newspaper of the City of Denton,and the expense of such publication shall be borne by the grantee of the franchise and such ordinance shall be subject to referendum as provided in Article IV of this Charter. Sec. 13.03. Franchise fee. The holder or grantee of any franchise or license to use public streets,alleys, highways,or other public property may be required,as compensation for the right or privilege enjoyed,to pay to the City of Denton each year such reasonable sum (not less than two(2) percent of the gross receipts of the business pursued by the holder of the franchise earned for service rendered in the City of Denton), or to pay compensation, rent,or any other fee or charge authorized by law, including,without limitation,specific charges per service line, access line Created: 2022-03-08 16:32:44 [EST] (Supp.No.33,Update 1) Page 30 of 37 186 155 fees,and all other legally permissible charges for the use of its streets, alleys, highways,and other public property, as the council may determine by ordinance or by contract with any such utility,which compensation shall be in addition to all ad valorem and corporation taxes paid by the utility. (Ord. No.99-057,Amend. No. 24,2-16-99, ratified 5-1-99) Sec. 13.04. Regulation of utilities. The city council shall have the power and the duty to: (a) Determine,fix and regulate the charges,fares or rates of all public utilities operating within the city, provided the council shall not prescribe any rate of compensation which will yield more than a fair return upon the fair value of the physical property used and useful in rendering service to the public. (b) Require such franchise holders who request an increase in rates,charges or fares to reimburse the city for reasonable expenses incurred in employing independent rate consultants to conduct investigations, present evidence and advise the council on such requested increase. (c) Prescribe reasonable standards of service and quality of products to be furnished by each utility and prevent unjust discrimination. (d) Require such extensions of plant and service and such maintenance of plant and fixtures as may be necessary to provide adequate and efficient service. (e) Collect from every public utility operating in the city its fair and just proportion of the expense of excavating,grading, paving, repaving,constructing, reconstructing,draining, repairing, maintaining, lighting,sweeping and sprinkling such portions of the alleys, bridges,culverts,viaducts and other public places and ways of the city as may be occupied or used in whole or in part by such utilities;or compel such public utility to perform,at its own expense, its just share of such excavating,grading, paving, repaving, constructing, reconstructing,draining, repairing, maintaining, lighting,sweeping and sprinkling. (f) Prescribe the form of accounts which shall be kept by each utility; provided,that if the utility shall keep its accounts in accordance with the uniform system of accounts for said utility as prescribed by the National Association of Railroad and Public Utility Commissioners,the Federal Power Commission,the Federal Communications Commission,the Railroad Commission of Texas,or their respective successors,this shall be deemed sufficient compliance with this paragraph. (g) Examine or cause to be examined at any time the accounts and other records of any utility operating within the city for the purpose of ascertaining any fact relating to the business done by such utility and pertinent to the council's power of regulation. (h) The council shall provide means and prescribe regulations for independent testing of all gas,water, light and other public utility meters on complaint of any person who may be dissatisfied with the readings of the employees of those utilities,whether owned by private corporations or by the City of Denton. (i) Enact and enforce such reasonable regulations and restrictions as may be deemed desirable or conducive to the safety,welfare and accommodation of the public. (j) The City of Denton shall have power to prohibit the use of any street,alley, highway, boulevard or grounds of the city by any telegraph,telephone,electric light,street railway, interurban railway,gas company or any other character of public utility without first obtaining the consent of the governing authorities expressed by ordinance,and upon paying such compensation as may be prescribed and upon such conditions as may be provided for by such ordinances,and the City of Denton shall have the Created: 2022-03-08 16:32:44 [EST] (Supp.No.33,Update 1) Page 31 of 37 187 156 power to require all telegraph,telephone and electric light companies to place their wires underground. (k) Require each utility operating in the city to file with the city such reports and other information pertaining to its operations that are required by its franchise agreement with the city,this Charter,city code, other applicable laws,or that may be required from time to time by the council. (1) Fix appropriate penalties to enforce compliance with all rules and regulations enacted by the council. (m) Give due notice and a fair hearing to persons or corporations to be affected by such rules and regulations before they shall be adopted. (Ord. No.2006-232,Amend. No.22,8-28-06, ratified 11-7-06; Ord. No. 2006-297, §2, 10-3-06, ratified 11-7-06) Sec. 13.05. Other conditions. All franchises heretofore granted are recognized as contracts between the City of Denton and the grantee, and the contractual right as contained in any such franchise shall not be impaired by the provisions of this Charter, except that the power of the City of Denton to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved,and except the general power of the city heretofore existing and herein provided for to regulate the rates and services of a grantee which shall include the right to require proper and adequate extension of plant and service and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. Every public utility franchise hereafter granted shall be held subject to all of the terms and conditions contained in the various sections of this Article whether or not such terms are specifically mentioned in the franchise. Nothing in this Charter shall operate to limit in any way,as specifically stated,the discretion of the council or the electors of the city in imposing such terms and conditions as may be reasonable in connection with any franchise grant. Sec. 13.06. Franchise records. The city secretary shall compile and maintain a public record of all franchises heretofore or hereafter granted by the City of Denton. ARTICLE XIV. GENERAL PROVISIONS Sec. 14.01. Reserved. Editor's note(s)—Ord. No. 79-86, §2, adopted Dec. 11, 1979,and ratified Jan. 19, 1980,deleted former section 14.01 which pertained to the health officer and was derived unamended from the Charter adopted Feb. 24, 1959. Sec. 14.02. Publicity of records. All public records collected,assembled, or maintained by the city in accordance with the transaction of official business shall be available to the public during normal business hours,subject to the exceptions and regulations authorized by applicable state law. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80) Created: 2022-03-08 16:32:44 [EST] (Supp.No.33,Update 1) Page 32 of 37 188 157 Sec. 14.03. Official newspaper. The city council shall annually select and designate by resolution the official newspaper of the city in which all ordinances and official notices that are required to be published shall be published. Sec. 14.04. Ethics Ordinance Requirement. The City Council shall adopt an ethics ordinance.The ethics ordinance shall prohibit the use of public office for private gain and shall incorporate the conflict of interest standards that appear in V.T.C.A., Local Government Code,Ch. 171 and all state law as presently exist or may be hereafter amended or adopted.The Council may adopt more stringent standards than those that appear in state law, but the ethics ordinance shall at a minimum include the following components: (1) Definition of a prohibited improper economic interest and personal gain; (2) Definition of recusal and improper participation when a potential conflict of interest is present; (3) Avoidance of appearance of conflict of interest;and (4) Administration and enforcement of ethics ordinance, including the power to subpoena witnesses and documents,coupled with strong and meaningful remedies for infraction. (Ord. No. 2017-237, § 1(Amend. D),8-15-17, ratified 11-7-17;Ord. No. 2017-373,§2(Prop. D), 11-20-17) Editor's note(s)—Ord. No. 2017-237, § 1(Amend. D),adopted August 15,2017, ratified 11-7-17 repealed the former§§ 14.04, 14.05 and enacted a new§ 14.04 as set out herein.The former§§ 14.04, 14.05 pertained to personal interest and nepotism and derived from Ord. No. 79-86,§2, 12-11-79, ratified 1-19-80;Ord. No.99- 057,Amend. No. 25, 2-16-99, ratified 5-1-99; Ord. No. 2006-232,Amend. No. 23,8-28-06, ratified 11-7-06. Sec. 14.05. Reserved. Editor's note(s)—See Editor's Note for§ 14.04. Sec. 14.06. Oath of office. Every officer of the city shall before entering upon the duties of his office take and subscribe to the following oath or affirmation,to be filed and kept in the office of the city secretary: do solemnly swear(or affirm)that I will faithfully execute the duties of the office of of the City of Denton,Texas,and will to the best of my ability preserve, protect and defend the Constitution and laws of the United States and of this State and the Charter and ordinances of this City;and I furthermore solemnly swear(or affirm)that I have not directly or indirectly paid,offered or promised to pay, contributed or promised to contribute any money,or valuable thing,or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected. (or if the office is one of appointment, "to secure my appointment.")So Help Me God." Sec. 14.07. Continuation of present offices. All persons holding administrative office either by election or appointment at the time this Charter becomes effective shall continue in office and in the performance of their duties until provision shall have been made in accordance therewith for the performance of such duties or the discontinuance of such office.The powers conferred and the duties imposed upon any office,department or agency of the city by the laws of the state shall, Created: 2022-03-08 16:32:44 [EST] (Supp.No.33,Update 1) Page 33 of 37 189 158 if such office, department or agency be abolished by this Charter or under its authority, be thereafter exercised and discharged by the office,department or agency designated by the council unless otherwise provided herein. Secs. 14.08, 14.09. Reserved. Editor's note(s)—Ord. No. 79-86, §2, adopted Dec. 11, 1979,and ratified Jan. 19, 1980,deleted former sections 14.08 and 14.09 which pertained to the commissioners and mayor holding office when the present Charter was adopted and which were derived unamended from said Charter adopted on Feb.24, 1959. Sec. 14.10. Continuance of contracts and public improvements. All contracts entered into by the city,or for its benefit, prior to the taking effect of this Charter,shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws or charter provisions existing at the time this Charter takes effect may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws and charter provisions. Sec. 14.11. Effect of charter on existing law. All ordinances, resolutions, rules and regulations now in force under the city government and not in conflict with any provisions of this Charter shall remain in force under this Charter until altered,amended or repealed by the council after this Charter takes effect. Sec. 14.12. Severable provisions. If any section,subsection,sentence,clause or phrase of this Charter,or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction,such invalidity shall not affect any other provisions or applications of this Charter which can be given effect without the invalid provision or application,and to this end the provisions of this Charter are declared severable. Sec. 14.13. Amending the charter. Amendments to this Charter may be framed and submitted to the voters of the city in the manner provided by Vernon's Texas Codes Annotated,Texas Local Government Code Chapter 9 and all other applicable laws,as they now read or may hereafter be amended. (Ord. No.99-057,Amend. No. 26,2-16-99, ratified 5-1-99) Sec. 14.14. Submission of charter to electors. The Charter Commission in preparing this Charter finds and decides that it is impracticable to segregate each subject so as to permit a vote of"yes" or"no"on the same,for the reason that the Charter is so constructed that in order to enable it to work and function it is necessary that it should be adopted in its entirety. For these reasons the Charter Committee directs that this Charter be voted upon as a whole and that it shall be submitted to the qualified voters of the City of Denton at an election to be held for that purpose on the 24th day of February, 1959. Sec. 14.15. When provisions take effect. If a majority of the qualified voters voting in such election shall vote in favor of the adoption of this Charter the present city commission,after canvassing the returns,shall enter an official order upon the records of the city Created: 2022-03-08 16:32:44 [EST] (Supp.No.33,Update 1) Page 34 of 37 190 159 declaring the same adopted and this Charter shall be in full force and effect on and after the date of official adoption. We,the undersigned members of the Denton Charter Commission, heretofore duly elected to prepare a Charter for the City of Denton,Texas,do hereby certify that this publication constitutes a true copy of the proposed Charter for the City of Denton,Texas,as unanimously adopted by the members thereof. SAM B. McALISTER,Chairman STANLEY A. MUNSON,Vice Chairman ETHELYN DAVIS,Secretary Tom Harpool Walter B. McClurkan Don Robinson H.W. Kamp Roland Laney James R. Reed M. G. Ramey David Mulkey W. D. Barrow I Mrs.W. F. "Pat" Hamilton Lee E.Johnson Paul P.Young Sec. 14.16. Boards and commissions. Members of boards and commissions of the City of Denton shall serve at the pleasure of the council. Members of such boards and commissions may be removed by the council only for cause and only after being given notice by the council. (Ord. No.79-86, §2, 12-11-79, ratified 1-19-80) CHARTER COMPARATIVE TABLE ORDINANCES This table shows the location of the sections of the basic Charter and any amendments thereto. Ordinance Date Election Section Section Number Date this Code 2-24-59 1.01-14.16 1.01-14.16 76-12 4- 5-76 Amend. No. 1 2.01 3.04 Amend. No. 2 2.04 Amend. No. 3 2.06 Amend. No.4 2.08 Amend. No. 6 8.03 Amend. No. 7 10.02 Amend. No. 8 12.07 79-86 12-11-79 1-19-80 2 2.01-2.03 2.05,2.06 2.08 3.01 3.04 4.13 4.16 Created: 2022-03-08 16:32:45 [EST] (Supp.No.33,Update 1) Page 35 of 37 191 160 PARTI -CHARTER CHARTER COMPARATIVE TABLE ORDINANCES 5.01 5.05 6.02,6.03 7.01-7.07 8.06 8.08 9.01 10.08 14.02 14.04 14.16 99-057 2-16-99 5- 1-99 Amend. No. 2 1.05 Amend. No. 3 1.06 Amend. No.4 1.07 Amend. No. 5 2.02 Amend. No. 6 2.04 Amend. No. 7 3.01 Amend. No. 8 3.02 Amend. No. 9 3.04 Amend. No. 10 6.03 Amend. No. 11 7.01 Rpld 7.02,7.03, 7.04 Amend. No. 12 8.04 Amend. No. 13 8.05 Amend. No. 14 8.07 Amend. No. 15 9.01(a) DItd 9.01(d) Amend. No. 16 9.02(a) Amend. No. 17 10.03(a)(6) Amend. No. 18 10.05 Amend. No. 19 10.07 Amend. No. 20 11.02 Amend. No. 22 12.04 Amend. No. 23 12.07(a), (d) Amend. No. 24 13.03 Amend. No. 25 14.04 Amend. No. 26 14.13 2006-232 8-28-06 11- 7-06 Amend. No. 2 1.06(f) Amend. No. 3 2.05(a) Amend. No.4 2.07 Amend. No. 5 2.08 Amend. No. 6 2.09(b) Amend. No. 7 3.01(a) Amend. No. 8 5.03 Amend. No. 9 6.01 Denton,Texas,Code of Ordinances Created: 2022-03-08 16:32:45 [EST] (Supp. No.33,Update 1) Page 36 of 37 192 161 PARTI -CHARTER CHARTER COMPARATIVE TABLE ORDINANCES 6.02 6.04 Amend. No. 10 8.03 Amend. No. 11 8.08 Amend. No. 12 9.02(a) Amend. No. 13 9.04 Amend. No. 14 10.02 Amend. No. 15 10.03 Amend. No. 16 10.05 Amend. No. 17 10.08 Amend. No. 18 10.10(a) Amend. No. 19 10.12 Amend. No. 20 12.07(d) Amend. No. 21 12.08(a) 12.08(e) Amend. No. 22 13.04 Amend. No. 23 14.05 2006-297 10- 3-06 11- 7-06 2 13.04 2009-199 9- 1-09 11- 3-09 Amend. No. 1 2.01(a) Amend. No. 2 2.02(a)(2) Amend. No. 3 2.03 2.04 Amend. No.4 2.10 2017-237 8-15-17 11- 7-17 Amend.A 2.02(a) Amend. C 6.04 Amend. D Rpld 14.04, 14.05 Added 14.04 Amend. E Added 2.02(c) 2017-373 11-20-17 11- 7-17 Prop.A 2.02(a) Prop. C 6.04 Prop. D Rpld 14.04, 14.05 Added 14.04 Prop. E Added 2.02(c) Denton,Texas,Code of Ordinances Created: 2022-03-08 16:32:45 [EST] (Supp. No.33,Update 1) Page 37 of 37 193 162 ORDINANCE NO. 20-I035 t AN ORDINANCE OF THE CITY OF DENTON AMENDING THE CODE OF ORDINANCES, RELATED TO CHAPTER 2, TITLED "ADMINISTRATION," ARTICLE XI, TITLED "ETHICS," PROVIDING FOR FINDINGS OF FACT; PROVIDING SEVERABILITY; PROVIDING A REPEALER CLAUSE, PROVIDING CODIFICATION; CONFIRMING PROPER NOTICE AND MEETING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 1, 2018,the City Council of the City of Denton enacted a new Code of Ethics to foster a culture of integrity for those who serve the municipality and our citizenry (the"Code");and WHEREAS, the Code presented the consensus of preferences expressed by the City Council over a period of eight (8) public work sessions, and four (4) public hearings, which were broadcasted. Altogether, the work sessions exceeded twenty (20) hours of deliberations; and WHEREAS, this Code of Ethics applies to the Mayor, City Council, Planning and Zoning, Zoning Board of Adjustment, Historic Landmark Commission, Board of Ethics, Public Utilities Board, Department Heads appointed by the City Council, and Vendors; and WHEREAS, on June 26, 2018, the City Council passed an amendment, clarifying ineligibility to serve on the Board of Ethics in Section 2-277; and WHEREAS, the Board of Ethics, having heard and decided multiple complaints under the Code,has met over six meetings to discuss proposed changes to the Code; and WHEREAS, on May 19, 2020, the City Council considered the Board of Ethic's recommended changes to the Code; and WHEREAS,the City Council finds the attached amended Code reasonable, necessary, and consistent with the intent of the City Council in drafting the Code of Ethics; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. SECTION 2. The Code of Ordinances of the City of Denton, a Texas home-rule municipal corporation, is hereby amended by repealing the previously adopted Chapter 2, Article XI,entitled"Ethics,"in its entirety and replacing it with the amended Code as provided in Attachment A, attached hereto and incorporated into this Ordinance. SECTION 3. Should any of the clauses, sentences,paragraphs,sections, or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to 1 194 163 affect any other valid portion of this Ordinance. SECTION 4. The City Secretary is hereby directed to record and publish the attached rule, regulation, and policy in the City's Code of Ordinances as authorized by Section 52.001 of the Texas Local Government Code. SECTION 5. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by ga..2 and seconded by 4-1 the ordinance was passed 4d approved by the following v e [_4 - Aye Nay Abstain Absent Mayor Chris Watts: LI-1, Gerard Hudspeth,District 1: V1, Keely G. Briggs,District 2: Jesse Davis,District 3: ✓ John Ryan,District 4: ✓' Deb Armintor,At Large Place 5: 1/ Paul Meltzer,At Large Place 6: PASSED AND APPROVED this the day of , 2020. CHRIS WATTS, MAYOR 2 195 164 ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: o 5 AARON LEAL, CITY ATTORNEY IM BY: /� -'.A]y 3 196 165 Attachment "A" CITY OF DENTON CODE OF ORDINANCES CHAPTER 2: ADMINISTRATION ARTICLE XI. ETHICS DIVISION 1. GENERAL Sec. 2-265. Authority This Article is enacted pursuant to the authority granted to the City under Section 14.04 of the Charter. Sec. 2-266. Purpose The purpose of this Article is to foster an environment of integrity for those that serve the City of Denton and our citizenry. The City Council enacted this Article in order to increase public confidence in our municipal government. It is the policy of the City that all City Officials and employees shall conduct themselves in a manner that assures the public that we are faithful stewards of the public trust. City Officials have a responsibility to the citizens to administer and enforce the City Charter and City Ordinances in an ethical manner. To ensure and enhance public confidence in our municipal government, each City Official must strive not only to maintain technical compliance with the principles of conduct set forth in this Article, but to aspire daily to carry out their duties objectively, fairly, and lawfully. Furthermore, this Article was enacted to ensure that decision makers provide responsible stewardship of City resources and assets. It is not the purpose of this Article to provide a mechanism to defame,harass or abuse their political opponents, or publicize personal grudges. Rather, this Article is intended to provide a framework within which to encourage ethical behavior,and enforce basic standards of conduct while providing due process that protects the rights of the Complainant and the Respondent. Sec. 2-267. Prospective This Article shall apply prospectively, and shall not sustain any Complaints based on acts or omissions alleged to have taken place prior to May 15, 2018. Sec. 2-268. Applicability This Article applies to the following persons: Page 1 of 20 197 166 (a) City Officials; (b) Former City Officials whose separation from city service occurred less than one (1) year from the date of the alleged violation of this Article. Application of this Article to Former City Officials shall be limited to alleged violations: (1) that occurred during the term as a City Official; (2) of the prohibition on representing others for compensation(§2-273(d)(2)); or (3) of the prohibition of subsequent work on prior projects (§2-273(h)); (c) Vendors; and (d) Complainant(s), who must comply with this Article's procedures and the prohibition on Frivolous Complaints. Sec. 2-269. Definitions The following words, terms, and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accepted Complaint: a sworn allegation of a violation of this Article after the required documentation has been submitted to the City Auditor and determined to be administratively complete. Actionable Complaint: an Accepted Complaint that has been deemed by a Panel to contain allegations and evidence that, if accepted as true, would support a finding that a violation of this Article occurred. Advisory Opinions: written rulings regarding the application of this Article to a particular situation or behavior. Article: this Chapter 2, Article XI of the Code of Ordinances for the City of Denton. Baseless Complaint: a Complaint that does not allege conduct that would constitute a violation of this Article, or that does not provide evidence that, if true, would support a violation of this Article. Board of Ethics: the oversight entity established by the Council to administer this Article. Business Entity. a sole proprietorship,partnership, firm,corporation,holding company,joint-stock company, receivership, trust, political subdivision, government agency, university, or any other entity recognized by law. Candidate: a person who has filed an application for a place on a ballot seeking public office, or one who has publicly announced the intention to do so. Page 2 of 20 198 167 Charged: to be charged with a violation of this Article is to have an Accepted Complaint deemed Actionable. City: the City of Denton in the County of Denton and State of Texas. City Auditor: the person appointed to serve in the capacity provided for by Section 6.04 of the City Charter, or their designee and clerical staff acting in the City Auditor's absence. City Official: for purposes of this Article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning and Zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board. Code: the Code of Ordinances of the City of Denton, Texas, as such Code may be amended from time to time. Complainant: the human individual who submitted a Complaint to the City. Complaint: written documentation submitted to the City accusing a City Official of violating this Article. Confidential Information: any written information that could or must be excepted from disclosure pursuant to the Texas Public Information Act, if such disclosure has not been authorized; or any non-written information which,if it were written, could be excepted from disclosure under that Act, unless disclosure has been authorized by the City Council or City Manager. Council: the governing body of the City of Denton, Texas, including the Mayor and City Council Members. Deliberations: discussions at the dais; voting as a Member of the Board or Commission; or presentations as a member of the audience before any City Board or Commission; conversing or corresponding with other City Officials or Staff. This term does not apply to a general vote on a broad, comprehensive, or omnibus motion, such as approval of the City budget or polling places. Department Heads: the employees appointed by the City Council, those being the City Manager, City Auditor, City Attorney, and Municipal Court Judge. Former City Official: a City Official whose separation from city service occurred less than one (1) year from the date of an alleged violation of this Article. Frivolous Complaint: a sworn Complaint that is groundless and brought in bad faith,or groundless and brought for the purpose of harassment. Page 3 of 20 199 168 Interfere: a person interferes with a process or activity pertaining to this Article when they intentionally and wrongfully take part in, or prevent, a City process or activity from continuing or being carried out properly or lawfully. Panel: an ad hoc subcommittee of the Board of Ethics consisting of three (3) members assigned by the Chairperson or designated by the City Auditor(as applicable)on a rotating basis, at least one (1) of which is an attorney or retired jurist. Pending Matter: an application seeking approval of a permit or other form of authorization required by the City, State, or Federal law; a proposal to enter into a contract or arrangement with the City for the provision of goods, services, real property, or other things of value; a case involving the City that is (or is anticipated to be)before a civil, criminal, or administrative tribunal. Person: associations, corporations, firms, partnerships, bodies politic, and corporate, as well as individuals. Recklessly: a person acts recklessly when they are aware of but consciously disregard a substantial and unjustifiable risk that a certain result is probable from either their conduct, or in light of the circumstances surrounding their conduct. The risk must be of such a nature and degree that to disregard it constitutes a gross deviation from the standard of care that an ordinary person would exercise under the circumstances. Relative: a family member related to a City Official within the third (3rd) degree of affinity (marriage)or consanguinity(blood or adoption) in accordance with Texas Government Code, Title 5, Subtitle B, Chapter 573. Respondent: a City Official who has been charged in a Complaint with having violated this Article. Shall: a mandatory obligation, not a permissive choice. Special Counsel: an independent, outside attorney engaged by the City to advise the City as an organization and/or the Board of Ethics. Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition does not include those property owners from whom the City acquires public right-of-way or other real property interests for public use. See. 2-270. Cumulative & Non-Exclusive This Article is cumulative of and supplemental to all applicable provisions of the City Charter, other City Ordinances, and State/Federal laws and regulations. Compliance with this Article does not excuse or relieve any person from any obligation imposed by any other Rule. Attempts to enforce this Article shall not be construed as foreclosing or precluding other enforcement options provided by other law. Page 4 of 20 200 169 DIVISION 2. RULES OF CONDUCT Sec. 2-271. Expectations The following list conveys the City Council's expectations for City Officials. These expectations are aspirational, and shall not serve as the basis for a Complaint. (a) City Officials are expected to conduct themselves in a manner that fosters public trust. (b) City Officials are charged with performing their public duties in a way that projects a high level of personal integrity and upholds the integrity of the organization. (c) City Officials must avoid behavior that calls their motives into question and erodes public confidence. (d) City Officials shall place the municipality's interests and the concerns of those the City serves above private, personal interests. (e) Those who serve the City are expected to value honesty, trustworthiness, diligence, objectivity, fairness, due process, efficiency, and prudence as values the City professes. (f) City Officials must balance transparency with the duty to protect personal privacy and preserve the confidential information with which the City has been entrusted. (g) It is neither expected nor required that those subject to this Article relinquish or waive their individual rights. Sec. 2-272. Mandates (a) Duty to Report. City Officials shall report any conduct that the person knows to be a violation of this Article. Failure to report a violation of this Article is a violation of this Article. For purposes of this section, submittal of a Complaint or a report made to the Fraud, Waste, or Abuse hotline shall be considered to be a report under this Section. A report to the hotline may remain anonymous unless disclosed by the caller. (b) Financial Disclosures. All Candidates for City Council,including Candidates for Mayor, shall file financial information reports as required by, and in accordance with, State law. All prospective Vendors and City Officials shall file disclosure forms as required by, and in accordance with, State law. (c) Business Disclosures. When a Pending Matter is before the City Official, and the City Official has knowledge of being a partner with one of the owners of the Business Interest with the Pending Matter, all City Officials shall file with the City Auditor a report listing the known names of human individuals with whom the City Official or the City Official's spouse is named partner in the following types of businesses: General Partnership,Limited Partnership, Limited Liability Partnership, or Limited Liability Corporation, or Professional Corporation. Annual reports shall be submitted within ninety (90) days of taking office. Failure to submit a report shall not serve as a basis for a Complaint unless the City Official fails to submit a report within thirty (30) days of being provided written Page 5 of 20 201 170 notification of the omission. Neither the existence of a business relationship as described in this Section,nor the submission of a report required by this Section shall prevent a City Official from participating in Deliberations on matters pending before the City absent a Conflicting Interest. Sec.2-273. Prohibitions (a) Conflicts of Interest: (1) Deliberation Prohibited. It shall be a violation of this Code for a City Official to knowingly deliberate regarding a Pending Matter for which the City Official currently has a Conflicting Interest. City Officials with a current Conflicting Interest in a Pending Matter must recuse themselves and abstain from Deliberations. It is an exception to this recusal requirement if the City Official serves on the City Council, Planning and Zoning Commission, Board of Ethics, Historic Landmark Commission, Public Utilities Board, or Board of Adjustment; where a majority of the members of that body is composed of persons who are likewise required to file(and who do file)disclosures on the same Pending Matter. (2) Disclosure Required. If a City Official has a Conflicting Interest in a Pending Matter, the City Official shall disclose the nature of the Conflicting Interest by filing a sworn statement with the City Auditor. Disclosures under this subsection shall be for the time period, including the previous calendar year, and up to date where the Conflicting Interest arises before the City Official. (3) Definition of Conflicting Interest. For purposes of this Article,the term is defined as follows: Conflicting Interest: a stake, share, equitable interest, or involvement in an undertaking in the form of any one (1) or more of the following: (A) ownership of five percent (5%) or more voting shares or stock in a Business Entity; (B) receipt of more than six-hundred dollars ($600.00) in gross annual income from a Business Entity, as evidenced by a W-2, 1099, K-1, or similar tax form; (C) ownership of more than six-hundred dollars ($600.00) of the fair market value of a Business Entity; (D) ownership of an interest in real property with a fair market value of more than six-hundred dollars ($600.00); (E) serves on the Board of Directors or as an Officer of a Business Entity, unless the City Official was appointed to that position by the City Council; and/or Page 6 of 20 202 171 (F) serves on the Board of Directors(i.e., governing body) or as an Officer of a nonprofit corporation or an unincorporated association, unless the City Official was appointed to that position by the City Council. A City Official is considered to have a Conflicting Interest if the City Official's Relative has a Conflicting Interest. The term Conflicting Interest does not include ownership of an interest in a mutual or common investment fund that holds securities or assets unless the City Official participates in the management of the fund. (b) Gifts. (1) General. It shall be a violation of this Article for a City Official to accept any gift that might reasonably tend to influence such Officer in the discharge of official duties. (2) Specific. It shall be a violation of this Article for a City Official to accept any gift for which the fair market value is greater than fifty dollars ($50.00). It shall be a violation of this Article for a City Official to accept multiple gifts for which the cumulative fair market value exceeds two hundred dollars ($200.00) in a single fiscal year. (3) It shall be a violation of this Article for a Vendor to offer or give a Gift to a City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts cumulatively valued at more than two hundred dollars ($200.00)per a single fiscal year. (4) Definition of Gift. Anything of monetary value, including but not limited to cash, personal property, real property, services, meals, entertainment, and travel expenses. (5) Exceptions. This definition shall not apply to the following, which are allowed under this Article: (A) a lawful campaign contribution; (B) meals, lodging, transportation, entertainment, and related travel expenses paid for (or reimbursed by) the City in connection with the City Official's attendance at a conference, seminar or similar event, or the coordinator of the event; (C) meals,lodging,transportation,or entertainment furnished in connection with public events, appearances, or ceremonies related to official City business, nonprofit functions, or charity functions, or community events, if fiunished by the sponsor of such events (who is in attendance); (D) complimentary copies of trade publications and other related materials; Page 7 of 20 203 172 (E) attendance at hospitality functions at local, regional, state, or national association meetings and/or conferences; (F) any gift that would have been offered or given to the City Official because of a personal, familial, professional relationship regardless of the City Official's capacity with the City; (G) tee shirts, caps, and other similar promotional material; and (H) complimentary attendance at political, nonprofit, or charitable fund raising events. (6) Donations. It is not a violation under this Article for a City Official to accept a Gift prohibited by this Article on behalf of the City of Denton. Conveyance of a Gift prohibited by this Article to the City of Denton or a nonprofit corporation cures any potential violation. (7) Reimbursement. It is not a violation under this Article for a City Official to accept a Gift prohibited by this Article and promptly reimburse the Person the actual cost or fair market value of the gift. (c) Outside Employment. (1) Applicability of Section. This subsection applies to Department Heads. (2) Prohibition. It is a violation of this Article for a Department Head to solicit, accept, or engage in concurrent outside employment which could reasonably be expected to impair independence of judgment in, or faithful performance of, official duties. (3) Disclosure and Consent. It is a violation of this Article for a Department Head to accept employment from any Person other than the City without first disclosing the prospective employment arrangement in writing to the Mayor and receiving the Mayor's written consent. (d) Representation of Others. (1) Current City Officials. It shall be a violation of this Article for a City Official to represent for compensation any person, group, or entity before a board or commission of the City. For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. (2) Former City Officials. It shall be a violation of this Article for a City Official to represent for compensation any person, group, or entity before the City Council or a board, commission, or staff of the City for a period of one (1) year after termination of official duties. This prohibition applies to representation in the form of advocacy or lobbying regarding discretionary approvals of the City, not Page 8 of 20 204 173 routine, ministerial actions. For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. The prohibition in this subsection solely applies to the Former City Official, and shall not be construed to apply to other affiliated Persons. This subsection does not apply to Former City Officials who represent others for compensation in the course of applying for non-discretionary, ministerial permits and routine approvals. It shall be an exception to this Article when the Former City Official is employed by or owns a small business which existed before the Former City Official commenced service as a City Official and is the sole source of specialized knowledge or expertise necessary within that small business, and that knowledge or expertise is necessary to transact business with the City. (e) Improper Influence. It shall be a violation of this Article for a City Official to use such person's official title/position to: (1) secure special privileges or benefits for such person or others; (2) grant any special consideration,treatment,or advantage to any citizen,individual, business organization, or group beyond that which is normally available to every other citizen, individual, business organization, or group; (3) assert the prestige of the official's or employee's City position for the purpose of advancing or harming private interests; (4) state or imply that the City Official is able to influence City action on any basis other than the merits; or (5) state or imply to state or local governmental agencies that the City Official is acting as a representative of the City, as an organization, or as a representative of the City Council without first having been authorized by the City Council to make such representation(except the Mayor, City Manager, and City Attorney). (f) Misuse of Information. (1) Personal Gain. It shall be a violation of this Article for a former City Official to use any confidential information to which the City Official had access by virtue of their official capacity and which has not been made public concerning the property, operations, policies, or affairs of the City, to advance any personal or private financial interest of any Person. (2) Confidential Information. It shall be a violation of this Article for a City Official to intentionally, knowingly, or recklessly disclose any confidential information gained by reason of the City Official's position concerning the property, operations,policies, or affairs of the City. This rule does not prohibit the reporting of illegal or unethical conduct to authorities designated by law. (g) Abuse of Resources. It shall be a violation of this Article for a City Official to use, request, or permit the use of City facilities, personnel, equipment, software, supplies, or Page 9 of 20 205 174 staff time for private purposes (including political purposes), except to the extent and according to the terms that those resources are generally available to other citizens and the City Officials for official City purposes. (h) Abuse of Position. It shall be a violation of this Article for any City Official to engage in the following: (1) Harassment&Discrimination. Use the Official's position to harass or discriminate against any person based upon ethnicity, race, gender, gender identity, sexual orientation, marital status,parental status, or religion. (2) Interference. Interfere with any criminal or administrative investigation alleging the violation of any provision of this Article, the City Charter, administrative policy, or executive order in any manner, including but not limited to seeking to persuade or coerce City employees or others to withhold their cooperation in such investigation is a violation of this Article. (i) Subsequent Work on Prior Projects. It shall be a violation of this Article for any former City Official,within one(1)year of the cessation of official duties for the City,to perform work on a compensated basis relating to a City contract or arrangement for the provision of goods, services, real property, or other things of value, if while in City service the former City Official personally and substantially participated in the negotiation, award or administration of the contract or other arrangement. This Section does not apply to a City Official whose involvement with a contract or arrangement was limited to Deliberations as a member of the City Council,Planning and Zoning Commission,Board of Adjustment, Historic Landmark Commission, or Public Utilities Board. DI VISION 3. IMPLEMENTATION Sec.2-274. Staffing (a) City Auditor. The City Auditor's Office shall be responsible to provide staff and clerical support to the Board of Ethics to assist in the implementation and enforcement of this Article. The degree of support required shall be at the discretion of the City Auditor. Nothing herein creates a duty for the City Auditor to enforce this Article. Furthermore, this Article shall not be construed as requiring the City Auditor to investigate allegations of violations of this Article submitted via the Fraud, Waste, or Abuse hotline. (b) Conflicts Log. The City Auditor's Office shall, in cooperation with the City Secretary's Office, maintain a Conflicts Log on an ongoing basis listing the Conflicting Interests disclosed by City Officials in accordance with this Article. The log is a public record. The City Auditor is neither authorized nor required to inspect or act upon the content of the Conflicts Log. (c) City Manager. If a Complaint accuses the City Auditor of violating this Article, the duties of the City Auditor under this Article shall be performed by the City Manager for purposes of processing that Complaint. Page 10 of 20 206 175 Sec. 2-275. Legal Counsel (a) City Attorney. The City Attorney shall provide legal support to the City Auditor and the Board of Ethics in the administration of this Article. Nothing herein shall be construed to limit the authority of the City Attorney to render legal guidance in accordance with the City Attorney's professional obligations and standards. (b) Special Counsel. Independent, outside legal services shall be engaged by the City Attorney on the City's behalf to provide legal support to the City Auditor and the Board of Ethics when: (1) in the City Attorney's discretion it is necessary in order to comply with the Texas Disciplinary Rules of Professional Conduct(for lawyers), or is in the best interest of the City; (2) when the City Council deems Special Counsel is necessary; or (3) when action is being taken by the Board of Ethics regarding any council member. Sec. 2-276. Training (a) Curriculum. The City Auditor shall approve a training program that provides an introduction and overview of the expectation, mandates, and prohibitions provided for by this Article. (b) Orientation. City Officials shall complete a training session regarding this Article within ninety(90) days of commencing their official duties. (c) Annual. City Officials shall complete an annual training session regarding this Article. (d) Exiting Officials. Information shall be provided to City Officials terminating their City service regarding the continuing restrictions on the representation of others by certain former City Officials. Sec. 2-277. Board of Ethics (a) Creation. There is hereby created a Board of Ethics for the City of Denton. (b) Appointment. The Board of Ethics shall be appointed by majority vote of the City Council. (c) Number. The Board of Ethics shall consist of seven (7) regular members, and three (3) alternate members. (d) Terms. Board of Ethics members (regular and alternates) shall be appointed for two (2) year, staggered terms. Members may be reappointed for successive terms. Appointment to fill a vacancy shall be for the remainder of the unexpired term. Members of the inaugural Board of Ethics shall draw straws to determine which three (3) members shall receive an initial term of one (1) year in order to stagger terms. In total, members may only serve three (3) consecutive terms. A member may be reappointed no sooner than one (1) year after expiration of a previous term. Page 11 of 20 207 176 (e) Eligibility. Membership on the Board of Ethics is limited to residents of the City of Denton. Preference in appointments shall be given to professionals such as attorneys, architects, engineers, doctors, teachers, pastors, mediators, retired jurists, licensed professional counselors, and those with licenses demonstrating high levels of education or master craftsmanship in the building trades. The Board shall be comprised of at least three (3)members who are attorneys or retired jurists. (f) Ineligibility.The following shall disqualify a person from serving on the Board of Ethics: (1) current service as a City Official; (2) separation from city service as a City Official within two (2) years of the appointment; (3) familial relations to a City Official within the third (3rd) degree of affinity (marriage) or consanguinity(blood or adoption); (4) current service as an elected official in Denton County; and/or (5) conviction of a felony or crime of moral turpitude. (g) Alternates. Alternate members of the Board of Ethics shall attend meetings only upon request by the City Auditor's Office. The role of an alternate is to participate in meetings of the Board of Ethics as a replacement for a regular member who is absent or abstaining. (h) Scope of Authority. The Board of Ethic's jurisdiction shall be limited to implementation and enforcement of this Article, and shall include the authority to administer oaths and affirmations, issue and enforce limited subpoenas to compel the attendance of witnesses and the production of testimony, evidence, and/or documents as is reasonably relevant to the Actionable Complaint,as provided by the City Charter. The issuance and enforcement of subpoenas shall be only upon a majority vote of the Board of Ethics,in accordance with the Rules of Procedure, and enforcement shall be through any of the Sanction options listed herein. (i) Amendments. The Board of Ethics may recommend amendments to this Article. A recommendation from the Board of Ethics is not required for the City Council to exercise its discretion in amending this Article. (j) Officers. At the first meeting of each fiscal year the Board of Ethics shall select from among its members a Chairperson and Vice-Chairperson. (k) Rules of Procedure: The Board of Ethics shall adopt rules of procedure governing how to conduct meetings and hearings. Such procedural rules are subject to confirmation or modification by the City Council. (1) Removal: The City Council may, by a vote of two-thirds (2/3), remove a member of the Board of Ethics for cause. Justifications warranting removal for cause shall include neglect of duty, incompetence, gross ignorance, inability or unfitness for duty, or disregard of the Code of Ordinances. Sec. 2-278. Advisory Opinions Page 12 of 20 208 177 (a) Requests. Any City Official may request an Advisory Opinion on a question of compliance with this Article. Requests shall be submitted in writing to the City Auditor, who shall assign the request to a Panel or Special Counsel. (b) Issuance. A Panel of the Board of Ethics shall issue Advisory Opinions upon request. Advisory Opinions shall be issued within thirty (30) days of receipt of the request. This time limitation is tolled and shall not run until the Board of Ethics is empaneled and its Rules of Procedure are confirmed by the City Council. (c) Reliance. It shall be an affirmative defense to a Complaint that the Respondent relied upon an Advisory Opinion. In making a determination on the proper disposition of a Complaint,the Board of Ethics may dismiss the Complaint if the Board finds that: (1) the Respondent reasonably relied in good faith upon an Advisory Opinion; (2) the request for an Advisory Opinion fairly and accurately disclosed the relevant facts; and (3) less than five (5) years elapsed between the date the Advisory Opinion was issued and the date of the conduct in question. Sec. 2-279. Complaints (a) Complainants.Any person who has first-hand knowledge that there has been a violation of Sections 2-272 and 2-273 of this Article may allege such violations by submitting a Complaint. The persons who may submit Complaints includes (but is not limited to) members of the Board of Ethics. (b) Form. Complaints shall be written on,or accompanied by,a completed form promulgated by the City Auditor. (c) Contents. A Complaint filed under this section must be in writing, under oath, must set forth in simple, concise, direct statements, and state: (1) the name of the Complainant; (2) the street or mailing address, email address, and the telephone number of the Complainant; (3) the name of each person Respondent of violating this Article; (4) the position or title of each person Respondent of violating this Article; (5) the nature of the alleged violation, including (whenever possible) the specific provision of this Article alleged to have been violated; (6) a statement of the facts constituting the alleged violation and the dates on which,or period of time in which, the alleged violation occurred; and (7) all documents or other material available to the Complainant that are relevant to the allegation. Page 13 of 20 209 178 (d) Violation Alleged. The Complaint must state on its face an allegation that, if true, constitutes a violation of this Article. (e) Affidavit. A Complaint must be accompanied by an affidavit stating that the Complaint is true and correct or that the Complainant has good reason to believe and does believe that the facts alleged constitute a violation of this Article. The Complainant shall swear to the facts by oath before a Notary Public or other person authorized by law to administer oaths under penalty of perjury. (f) Limitations Period. To be accepted, a Complaint must be brought within six(6)months of the Complainant becoming aware of the act or omission that constitutes a violation of this Article. A Complaint will not be accepted more than two (2) years after the date of the act or omission. Notwithstanding the foregoing, nothing in this subsection shall be construed to extend the one (1) year limitation of activity applicable to Former City Officials. The time for filing a Complaint regarding an alleged violation of this Article where the alleged violation occurred after the Effective Date but before the Board of Ethics is empaneled shall be tolled and not begin to run until such time as the Board of Ethics is empaneled and its Rules of Procedure are confirmed by the City Council. (g) Filing. Complaints shall be submitted to the City Auditor. Submission of Complaints may be made by hand delivery, U.S. Mail, or email directed to an email address publicly listed by the City Auditor. (h) Acceptance of Complaint. Within five (5) business days of receiving a Complaint, the City Auditor shall determine if it is administratively complete and timely. (1) Administratively Complete. A Complaint is administratively complete if it contains the information described above. If the Complaint is administratively complete, the City Auditor shall proceed as described in this Article. If the Complaint is incomplete, the City Auditor shall send a written deficiency notice to the Complainant identifying the required information that was not submitted. The Complainant shall have ten(10) business days after the date the City Auditor sends a deficiency notice to the Complainant to provide the required information to the City Auditor,or the Complaint is automatically deemed abandoned and may not be processed in accordance with this Article. Within five (5) business days of a Complaint being abandoned, the City Auditor shall send written notification to the Complainant and the Respondent. (2) Timely. To be timely, a Complaint must be brought within six (6) months of the Complainant becoming aware of the act or omission that constitutes a violation of this Article. A Complaint will not be accepted more than two (2) years after the date of the act or omission. (i) Notification of Acceptance. Within five (5) business days of determining that a Complaint is administratively complete and timely, the City Auditor shall send a written notification of acceptance to the Complainant,the Respondent,and the City Attorney; and a copy of the complaint to the Respondent/Accused. For purposes of this provision, a Complaint shall be considered Accepted when the City Page 14 of 20 210 179 Auditor has deemed the submittal administratively complete and timely. (j) Confidentiality. A Complaint that has been submitted to the City is hereby deemed confidential until such time as the Complaint is either dismissed or placed on an agenda for consideration by the Board of Ethics in accordance with this Article. Clerical and administrative steps shall be taken to identify and manage confidential information in accordance with this Article. The confidentiality created by this Article includes the fact that a Complaint was submitted and the contents of that Complaint. It shall be a violation of this Article for a City Official to publicly disclose information relating to the filing or processing of a Complaint, except as required for the performance of official duties or as required by law. Requests for records pertaining to Complaints shall be responded to in compliance with the State law. The limited confidentiality created by this Article is limited in scope and application by the mandates of the Texas Public Information Act, Chapter 552 of the Texas Government Code. (k) Ex Parte Communications. After a Complaint has been filed and during the pendency of a Complaint before the Board of Ethics, it shall be a violation of this Article: (1) for the Complainant, the Respondent, or any person acting on their behalf, to engage or attempt to engage directly or indirectly about the subject matter or merits of a Complaint in ex parte communication with a member of the Board of Ethics or any known witness to the Complaint; or (2) for a Member of the Board of Ethics,to knowingly allow an ex parte communication about the subject matter or merits of a Complaint, or to communicate about any issue of fact or law relating to the Complaint directly or indirectly with any person other than a Member of the Board of Ethics,the City Auditor's office,the City Attorney's office, or Special Counsel. (1) Retaliation Prohibited. After a Complaint has been filed, and during or after the pendency before the Board of Ethics, it shall be a violation of this Article: (1) For a City Official, Former City Official, or Vendor to directly or indirectly discriminate against, harass,threaten, harm, damage, penalize, or otherwise retaliate against any person who: (A) Files a complaint regarding an alleged violation of this Article, or (B) Testifies, assists, or participates in any manner in a proceeding or hearing under this Article. (2) The outcome of the original ethics complaint shall not be deemed relevant to the complaint of retaliation itself. Sec.2-280. Preliminary Assessment Page 15 of 20 211 180 (a) Referral to Chairperson. Accepted Complaint(s) shall be referred to the Chairperson of the Board of Ethics within five (5) business days of being determined administratively complete. (b) Assignment of Panel. Within five(5)business days of receiving an Accepted Complaint, the Chairperson of the Board of Ethics shall assign the Complaint to a Panel for Preliminary Assessment. The Chairperson shall order a meeting of the Panel,which shall be conducted in compliance with the Texas Open Meetings Act. Each Panel shall select a Presiding Officer to conduct Panel deliberations. (c) Panel Determination. Within ten (10) business days of being assigned an Accepted Complaint, the Panel shall review the Complaint on its face and determine whether the Complaint is: (1) Actionable: the allegations and evidence contained in the Complaint, if true, would constitute a violation of this Article. (2) Baseless: the allegations and evidence'contained in the Complaint, if true,would not constitute a violation of this Article. Actionable Complaints shall be returned to the Chairperson for listing on an agenda for a public hearing. Baseless Complaints shall be dismissed. Written notification of the Panel's determination shall be filed with the City Auditor and sent to the Chairperson, Complainant, the Respondent, and the City Attorney within two (2) business days. Written notifications of dismissal shall include notice of the right to appeal. (d) Appeals. A Panel's preliminary assessment under this Section 2-280 may be appealed to the Board of Ethics by either the Complainant or the Respondent, as applicable. An appeal shall be perfected by filing a written notice of appeal with the City Auditor within ten(10)business days of the date of the written notification. See. 2-281. Meetings (a) Calling Meetings. Meetings of the Board of Ethics shall be called upon request of the Chairperson,three (3)members, or the City Auditor. (b) Quorum. The quorum necessary to conduct meetings of the Board of Ethics shall be four (4). The Chairperson (or acting chairperson) shall count toward the establishment of a quorum and retains the right to vote. (c) Hearings: (1) Scheduling: Hearings shall be scheduled by the City Auditor upon the filing of: (A) a Panel determination that a Complaint is Actionable; or (B) an Appeal challenging a Panel's dismissal of a Complaint as Baseless. (2) Purpose: The purpose of the hearing(s) shall be solely to determine whether: (A) a violation of this Article occurred, and if so to assess the appropriate sanction; Page 16 of 20 212 181 (B) an Accepted Complaint was erroneously dismissed as Baseless by a Panel; and/or (C) an Accepted Complaint is Frivolous. (3) Sworn Testimony: All witness testimony provided to the Board of Ethics shall be under oath. (4) Burden of Proof Because the burden of showing that a violation of this Article occurred is placed on the Complainant,it is the Complainant that has the obligation to put forth evidence, including testimony, supporting the Complaint. The Complainant is required to testify at the hearing. A Complainant's failure to testify at a hearing shall be grounds for dismissal of a Complaint. (5) Representation: The Respondent shall have a right to present a defense. Both the Complainant and the Accuser have a right to be represented by legal counsel. (d) Open Meetings. All meetings and hearings of the Board of Ethics, including Panel deliberations, shall be conducted pursuant to the Texas Open Meetings Act. The Board of Ethics may convene in Executive Session (i.e., conduct a closed meeting) as allowed by the Act. All final actions of the Board of Ethics shall take place in open session. (e) Postponement in Certain Instances. (1) Board.• Proceedings may be postponed upon majority vote by the members of the Board of Ethics. (2) Parties: The Complainant and the Respondent are each entitled to one (1) postponement without cause. Additional postponements shall be solely for good cause and at the discretion of the Board of Ethics. (3) Criminal Proceedings: If a Complaint alleges facts that are involved in a criminal investigation or a criminal proceeding before a grand jury or the courts,the Board of Ethics may, when a majority of its members deem appropriate, postpone any hearing or any appeal concerning the Complaint until after the criminal investigation or criminal proceedings are terminated. Sec. 2-282. Disposition (a) Dismissal. If the Board of Ethics determines at the conclusion of a hearing by simple majority vote of its members that a Complaint should be dismissed, it may do so upon finding: (1) the Complaint is Baseless; (2) the alleged violation did not occur; (3) the Respondent reasonably relied in good faith upon an Advisory Opinion, as provided in this Article; or Page 17 of 20 213 182 (4) the Complainant failed to testify at the hearing. (b) Sanctions. If the Board of Ethics determines by simple majority vote of those present and voting at the conclusion of a hearing that a violation has occurred, it may within ten (10) business days impose or recommend any of the following sanctions: (1) Letter of Notification. If the violation is clearly unintentional, or when the Accuser's action was made in reliance on a written Advisory opinion, a letter of notification shall advise the Respondent of any steps to be taken to avoid future violations. (2) Letter of Admonition. If the Board of Ethics finds that the violation is minor and may have been unintentional, but calls for a more substantial response than a letter of notification. (3) Letter of Reprimand. If the Board of Ethics finds that the violation: (A) was minor and was committed knowingly, intentionally, or in disregard of this Article; or (B) was serious and may have been unintentional. (4) Recommendation of Suspension. If the Board of Ethics finds that a violation was committed by a member of the Planning & Zoning Commission, Zoning Board of Adjustment,Board of Ethics,Public Utilities Board,Historic Landmark Commission, or a Department Head, and it: (A) was serious and was committed knowingly, intentionally, or in disregard of this Article or a state conflict of interest law; or (B) was minor but similar to a previous violation by the Person, and was committed knowingly, intentionally or in disregard of this Article. The final authority to impose a suspension rests with the City Council. (5) Ineligibility. If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year. Notice of all sanctions imposed by the Board of Ethics shall be transmitted to the Respondent, Complainant, City Auditor, City Attorney, and City Council. (c) Frivolous. (1) Prohibition. It is a violation of this Article for a Person to submit a Frivolous Complaint. Page 18 of 20 214 183 (2) Super-Majority Vote. If the Board of Ethics determines at the conclusion of a hearing by a vote of two-thirds (2/3) of its Members that a Complaint was Frivolous,the Board may impose a sanction as provided by Section 2-282(b). (3) Factors. In making a determination on frivolity,the Board of Ethics shall consider the following factors: (A) the timing of the sworn Complaint with respect to when the facts supporting the alleged violation became known or should have become known to the Complainant, and with respect to the date of any pending election in which the Respondent is a Candidate or is involved with a candidacy, if any; (B) the nature and type of any publicity surrounding the filing of the sworn Complaint, and the degree of participation by the Complainant in publicizing the fact that a Complaint was filed; (C) the existence and nature of any relationship between the Respondent and the Complainant before the Complaint was filed; (D) if the Respondent is a Candidate for Election to Office, the existence and nature of any relationship between the Complainant and any Candidate or group opposing the Respondent; (E) any evidence that the Complainant knew or reasonably should have known that the allegations in the Complaint were groundless;and (F) any evidence of the Complainant's motives in filing the Complaint. (4) External Remedies. Complainants who submit Frivolous Complaints are hereby notified that their actions may subject them to criminal prosecution for perjury (criminal prosecution), or civil liability for the torts of defamation or abuse of process. Sec.2-283. Reconsideration The Complainant or Respondent may request the Board of Ethics to reconsider its decision. The request must be filed with the City Auditor within five (5) business days of receiving the final opinion of the Board of Ethics. The request for reconsideration shall be sent to the Chairperson of the Board of Ethics and the non-filing party(Complainant or Respondent). If the Chairperson finds, in the Chairperson's sole discretion, that the request includes new evidence that was not submitted at a prior hearing, and that the new evidence bears directly on the Board of Ethic's previous determination, the Chairperson shall schedule a hearing on the request for reconsideration to occur within thirty (30) business days after filing with the City Auditor. Absent new evidence, the Chairperson shall unilaterally dismiss the request for reconsideration and provide notice to the Parties. Sec. 2-284. Nepotism Page 19 of 20 215 184 (a) City Council. No Person shall be employed by the City who is a relative of any member of the City Council within the third (3rd) degree of affinity or consanguinity. (b) Preexisting Employment. The prohibitions of this Section do not apply to a Person who was employed by the City more than six (6) months prior. Sec. 2-285. General Procedural.Matters (a) Deadlines. Any deadline provided in this Article shall be construed as expiring at 5:00 p.m. local time on the last day. (b) Mailbox Rule.Under this Article, a deadline for any response or request for appeal is met when the date the response or request for appeal is mailed falls within the timeline requirements of this Article. The posted date of any mailing will control whether it meets the timeline requirements of this Article. Sec. 2-286. Lobbyists [reserved] Page 20 of 20 216 185 2021-2022 COUNCIL CONMTTEE AS SIGNLVENfS Updated Nby 3, 2022 • 1-CON14nFES MILRRENr ivENBERs W TEwEviRAwN Hudspeth(Mayor) Agenda Committee Nthzer(Nhyor Pro Tem) Appointments if officers change City Manager Beck Committee on the Environment Davis Appointments made after each election cycle Amvntor Community Partnership Committee' Maguire Appointments made after each election cycle Davis Byrd 1Vbbility Committee Maguire Appointments made after each election cycle Nthzer IN least two members who serve on the Comnnanity Partnership Committee must also serve on the Discover Denton Advisory Board. ECONOMC DEVELOPNENT • • I' T\/ET\/BERS ENPIRAUON Economic Development Partnership Board2 Mast be elected officials; Davis 2022 separate appointment process Hudspeth 2022 Downtown Denton Tax Increment Financing Reinvestment Mast be elected officials; Nbkzer 2022 Zone No.One Board(Downtown TIRZ) separate appointment process Byrd 2023 Tax Increment Reinvestment Zone No.2 Board(West Parky Mist be elected officials; Davis 2022 separate appointment process Hudspeth 2023 2All members ofthe Economic Development Partnership Board must also serve on the Tax Increment Reinvestment Zone No.2 Board 217 186 Council Committee Assignments—Assignments-Page 2 of 2 DENMNCOUNTYMr CLRRENr BODIIES AMMONAL ' • I' ' /' I' • h Denton County Behavioral Health Leadership Team Nhy be an elected official,senior stag Hudspeth June 30,2022 executive,orcommauutymember Denton County Homelessness Leadership Team Nhy be an elected official,senior stag Hudspeth June 9,2022 executive,or conmxmitymember Staffl&niber/C VD N/A Denton County Workforce Success Leadership Team Nhy be an elected official,senior stag Nhltzer June 30,2023 executive,orcomnnuritymember Denton County Transportation Authority(DCIA) Nhy be an elected official,senior stag Alison Maguire Nov. 12,2023 executive,or community member Patrick Smith(Alt.) Nov. 12,2023 TVENBERS Dallas Regional Nbbility Coalition Mast be the Nhyor or another elected Hudspeth None official AMMEL Mast be 3 elected officials Sept 30,2021 (Note: Nhyor is automatically a member, Byrd' Sept.30,2021 Discover Denton Advisory Board' the 3r'seat shown vacant is left vacant in Maguire Sept.30,2021 order to not have a quorum ofthe City *VACANT (Note'Remain as holdovers until annual appointments to the Cornammity Council serving on this board.) Partnership Conm-jittee are made.) Lake Ray Roberts P&Z Commis s ion Mast be the Nhyor Hudspeth None Preference for an elected official (historically the Nhyor)otherwise a City Hudspeth North Texas Commission September 30,2022 e toYee•can appoint a proxy (City Nhnager—Proxy) (historically the City Nhnager) Regional Transportation Council Mast be an elected official Nhgulre June 30,2022 Hudspeth(Alt.) June 30,2022 Twv members,appointed by City Council Davis July 18,2023 Texas Municipal Power Agency (need not be elected officials);historically, B171 Cheek,Jr.(Alt.) July 18,2022 alternate member from PUB Community Justice Council[Inactive as of06/03/2019] Pending research on whether a member None must be an elected official 'At least taw members mho serve on the Community Partnership Committee must also serve on the Discover Denton Advisory Board 218 187 City of Denton , Texas Boards and Commissions Member Rosters City of Denton, Texas Airport Advisory Board Board Roster Ann M Patterson Dec 17,2019-Aug 31,2021 Position 6 Nominating Council Member Meltzer-6 City Issued E-mail Address: Ann.Patterson@cityofdenton.com Edgar R Ahrens Sep 01,2020-Aug 31,2022 Position 3 Nominating Council Member Davis-3 City Issued E-mail Address: Edgar.Ahrens@cityofdenton.com Lauren M Upshaw Sep 01,2020-Aug 31,2022 Position 4 Nominating Council Member Ryan-4 City Issued E-mail Address: Lauren.Upshaw@cityofdenton.com Robert K Tickner Sep 01,2020-Aug 31,2022 Position 7 Nominating Council Member Hudspeth-7 City Issued E-mail Address: Robert.Tickner@cityofdenton.com Dominique L Beachum Sep 01,2020-Aug 31,2022 Position 5 Nominating Council Member Armintor-5 City Issued E-mail Address: Dominique.Beachum@cityofdenton.com 220 Airport Advisory Board 189 Page 1 of 2 Matthew W Irvine Sep 01,2021 -Aug 31,2023 Position 1 Nominating Council Member Byrd-1 City Issued E-mail Address: Matthew.I rvine@cityofdenton.com Robert S Brashear Sep 21,2021 -Aug 31,2023 Position 2 Nominating Council Member Beck-2 City Issued E-mail Address: Robert.Brashear@cityofdenton.com 221 Airport Advisory Board 190 Page 2 of 2 City of Denton, Texas Animal Shelter Advisory Committee Board Roster .�: Charles A Hunter Sep 01,2020-Aug 31,2022 Position 1 Nominating Council Member Johnson-1 City Issued E-mail Address: Charles.Hunter@cityofdenton.com Anne Sullivan Sep 01,2020-Aug 31,2022 Position 6 Nominating Council Member Meltzer-6 City Issued E-mail Address: Anne.Sullivan@cityofdenton.com Diana Leggett Sep 01,2020-Aug 31,2022 Position 5 Nominating Council Member Armintor-5 City Issued E-mail Address: Diana.Leggett@cityofdenton.com Dorcas Johnson Dec 07,2021 -Aug 31,2022 Position 2 Nominating Council Member Beck-2 City Issued E-mail Address: Dorcas.Johnson@cityofdenton.com Jonathan Birden Sep 01,2021 -Aug 31,2023 Position 4 Nominating Council Member Maguire-4 City Issued E-mail Address: Jonathan.Birden@cityofdenton.com 222 Animal Shelter Advisory Committee 191 Page 1 of 2 Cassie Whitmire Oct 26,2021 -Aug 31,2023 Position 3 Nominating Council Member Davis-3 City Issued E-mail Address: Cassie.Whitmire@cityofdenton.com Dani Shaw Dec 07,2021 -Aug 31,2023 Position 7 Nominating Council Member Hudspeth-7 City Issued E-mail Address: Danielle.Shaw@cityofdenton.com 223 Animal Shelter Advisory Committee 192 Page 2 of 2 City of Denton, Texas Board of Ethics Board Roster Andrea Eberhard Jun 08,2021 -Aug 31,2022 Position 1 Nominating Council Member Byrd-1 City Issued E-mail Address: Andrea.Eberhard@cityofdenton.com Rob Rayner Sep 01,2020-Aug 31,2022 Position Alternate 2 Nominating Council Member Ryan-4 City Issued E-mail Address: Rob.Rayner@cityofdenton.com Patricia Q Reinke Sep 01,2020-Aug 31,2022 Position 6 Nominating Council Member Meltzer-6 City Issued E-mail Address: Patricia.Reinke@cityofdenton.com S. Deborah Cosimo Sep 01,2020-Aug 31,2022 Position Alternate 1 Nominating Council Member Armintor-5 City Issued E-mail Address: Deborah.Cosimo@cityofdenton.com Dustin Pavelek Mar 16,2021 -Aug 31,2022 Position 7 Nominating Council Member Hudspeth-7 City Issued E-mail Address: Dustin.Pavelek@cityofdenton.com 224 Board of Ethics 193 Page 1 of 2 Hannah P Klaassen Sep 01,2021 -Aug 31,2023 Position 4 Nominating Council Member Maguire-4 City Issued E-mail Address: Hannah.Klaassen@cityofdenton.com Annetta Ramsay Sep 01,2021 -Aug 31,2023 Position 5 Nominating Council Member Armintor-5 City Issued E-mail Address: Annetta.Ramsay@cityofdenton.com Lara Tomlin Sep 01,2021 -Aug 31,2023 Position 2 Nominating Council Member Beck-2 City Issued E-mail Address: Lara.Tomlin@cityofdenton.com Vacancy Position 3 Nominating Council Member Davis-3 OVacancy Position Alternate 3 Nominating Council Member ALL 225 Board of Ethics 194 Page 2 of 2 City of Denton, Texas Bond Oversight Committee Board Roster Tim Crouch Jan 01,2020-Dec 31,2026 Position 1 Nominating Council Member ALL City Issued E-mail Address: Tim.Crouch@cityofdenton.com Randy Robinson Jan 01,2020-Dec 31, 2026 Position 2 Nominating Council Member ALL City Issued E-mail Address: Randy.Robinson@cityofdenton.com Brandon McCleskey Jan 01,2020-Dec 31,2026 Position 3 Nominating Council Member ALL City Issued E-mail Address: Brandon.Mccleskey@cityofdenton.com G"G Janet Shelton Jan 01,2020-Dec 31,2026 Position 4 Nominating Council Member ALL City Issued E-mail Address: Janet.Shelton@cityofdenton.com Patrick Smith Jan 01,2020-Dec 31,2026 Position 5 Nominating Council Member ALL City Issued E-mail Address: Patrick.Smith@cityofdenton.corn 226 Bond Oversight Committee 195 Page 1 of 2 Tamsyn D Price Sep 28,2021 - Dec 31,2026 Position 7 Nominating Council Member ALL City Issued E-mail Address: Tamsyn.Price@cityofdenton.com Susan Parker Jan 01,2020-Dec 31,2026 Position 6 Nominating Council Member ALL City Issued E-mail Address: Susan.Parker@cityofdenton.com 227 Bond Oversight Committee 196 Page 2 of 2 City of Denton, Texas Committee on Persons with Disabilities Board Roster .�: Valda Morgan Sep 01,2020-Aug 31,2022 Position ALL-4 Nominating Council Member Hudspeth-1 City Issued E-mail Address: Valda.Morgan@cityofdenton.com Sara (Sally) E Austin Sep 01,2020-Aug 31,2022 Position 6 Nominating Council Member Meltzer-6 City Issued E-mail Address: Sally.Austin@cityofdenton.com Joe Rivas Sep 01,2020-Aug 31,2022 Position 3 Nominating Council Member Davis-3 City Issued E-mail Address: Joe.Rivas@cityofdenton.com Matthew A Granados Sep 14,2021 -Aug 31,2022 Position ALL- 1 Nominating Council Member Maguire-4 City Issued E-mail Address: Matthew.Granados@cityofdenton.com Mary A Kuhfeldt Sep 14,2021 -Sep 01,2022 Position 2 Nominating Council Member Beck-2 City Issued E-mail Address: Mary.Kuhfeldt@cityofdenton.com 228 Committee on Persons with Disabilities 197 Page 1 of 3 Sonia Redwine Sep 01,2021 -Aug 31,2023 Position 7 Nominating Council Member Hudspeth-7 City Issued E-mail Address: Sonia.Redwine@cityofdenton.com Dianne Landry Oct 12,2021 -Aug 31,2023 Position ALL-2 Nominating Council Member Byrd-1 City Issued E-mail Address: Dianne.Landry@cityofdenton.com Alison Kelly Sep 01,2021 -Aug 31,2023 Position 4 Nominating Council Member Maguire-4 City Issued E-mail Address: Alison.Kelly@cityofdenton.com Beth Haswell-kirkby Sep 01,2021 -Aug 31,2023 Position ALL-3 Nominating Council Member Davis-3 City Issued E-mail Address: Beth.Haswell- Kirkby@cityofdenton.com Anna Hinton Jan 04,2022-Aug 31,2023 Position 5 Nominating Council Member Armintor-5 City Issued E-mail Address: Anna.Hinton@cityofdenton.com Vacancy Position 1 Nominating Council Member Byrd-1 229 Committee on Persons with Disabilities 198 Page 2 of 3 230 Committee on Persons with Disabilities 199 Page 3 of 3 City of Denton, Texas Community Services Advisory Committee Board Roster .�: Pat H Cheek Sep 01,2021 -Aug 31,2022 Position ALL- 1 Nominating Council Member Byrd-1 City Issued E-mail Address: Pat.Cheek@cityofdenton.com James A. Mann Sep 14,2021 -Aug 31,2022 Position ALL-3 Nominating Council Member Hudspeth-7 City Issued E-mail Address: James.Man n@cityofdenton.com Katherine A Lester Sep 01,2021 -Aug 31,2022 Position ALL-2 Nominating Council Member Beck-2 City Issued E-mail Address: Katherine.Lester@cityofdenton.com Hannah Garcia Sep 01,2021 -Aug 31,2023 Position 1 Nominating Council Member Byrd-1 City Issued E-mail Address: Hannah.Garcia@cityofdenton.com Rhonda Love Sep 01,2021 -Aug 31,2023 Position 2 Nominating Council Member Beck-2 City Issued E-mail Address: Rhonda.Love@cityofdenton.com 231 Community Services Advisory Committee 200 Page 1 of 2 Dale R. Tampke Sep 01,2021 -Aug 31,2023 Position 3 Nominating Council Member Davis-3 City Issued E-mail Address: Dale.Tampke@cityofdenton.com Roy C Onyebetor Sep 01,2021 -Aug 31,2023 Position 7 Nominating Council Member Hudspeth-7 City Issued E-mail Address: Roy.Onyebetor@cityofdenton.com Kamyon Conner Sep 01,2021 -Aug 31,2023 Position 5 Nominating Council Member Armintor-5 City Issued E-mail Address: Kamyon.Conner@cityofdenton.com Mark A Courts 49 �Sep 01,2021 -Aug 31,2023 Position 6 Nominating Council Member Meltzer-6 City Issued E-mail Address: Mark.Courts@cityofdenton.com Vacancy Position ALL-4 Nominating Council Member Meltzer-6 Vacancy Position 4 Nominating Council Member Maguire-4 232 Community Services Advisory Committee 201 Page 2 of 2 0 City of Denton, Texas Denton Police Department Chief of Police Advisory Board Board Roster Jill E. Jester May 01,2021 -Apr 30,2023 Position 4 Nominating Council Member Ryan-4 City Issued E-mail Address: Jill.Jester@cityofdenton.com Kari Salyers May 01,2021 -Apr 30,2023 Position 3 Nominating Council Member Davis-3 City Issued E-mail Address: Kari.Salyers@cityofdenton.com CAL Daniel Clanton May 01,2021 -Apr 30,2023 Position 1 Nominating Council Member Johnson-1 City Issued E-mail Address: Daniel.Clanton@cityofdenton.com Rhonda R Buckley May 01,2021 -Apr 30,2023 Position 2 Nominating Council Member Baker-2 City Issued E-mail Address: Rhonda.Buckley@cityofdenton.com 233 Denton Police Department Chief of Police Advisoryo¢3oard Page 1 of 4 Brock Fischer May 01,2021 -Apr 30,2023 Position PC-5 Nominating Council Member Police Chief Appointment City Issued E-mail Address: Brock.Fischer@cityofdenton.com Kim Kunz May 01,2021 -Apr 30,2023 Position PC-4 Nominating Council Member Police Chief Appointment City Issued E-mail Address: Kim.Kunz@cityofdenton.com Donald W Thornton May 01,2021 -Apr 30,2023 Position 7 Nominating Council Member Hudspeth-7 City Issued E-mail Address: Donald.Thornton@cityofdenton.com Katina Stone Butler May 01,2021 -Apr 30,2023 Position 6 Nominating Council Member Meltzer-6 City Issued E-mail Address: Kati na.Butler@cityofdenton.com Kris Johnson May 01,2021 -Apr 30,2023 Position CM- 1 Nominating Council Member Sara Hensley(Interim City Manager) City Issued E-mail Address: Kristen.Johnson@cityofdenton.com 234 Denton Police Department Chief of Police Advisoryopoard Page 2 of 4 G&OL Sara Hensley May 01,2021 -Apr 30,2023 Position CM-4 Nominating Council Member Sara Hensley(Interim City Manager) Qualifications 04/27/2021 City Issued E-mail Address: Sara.Hensley@cityofdenton.com CA Ed Reynolds May 01,2021 -Apr 30,2023 Position PC- 1 Nominating Council Member Police Chief Appointment City Issued E-mail Address: Ed.Reynolds@cityofdenton.com 4#1 Angela N Shaw May 01,2021 -Apr 30,2023 Position PC-3 Nominating Council Member Police Chief Appointment City Issued E-mail Address: Angela.Shaw@cityofdenton.com CA, Samuel W Garrison May 01,2021 -Apr 30,2023 Position PC-2 Nominating Council Member Police Chief Appointment City Issued E-mail Address: Samuel.Garrison@cityofdenton.com GNA Trevor Taylor May 01,2021 -Apr 30,2023 Position CM-2 Nominating Council Member Sara Hensley(Interim City Manager) City Issued E-mail Address: Trevor.Taylor@cityofdenton.com 235 Denton Police Department Chief of Police Advisory oard Page 3 of 4 Cherlynn Hurd May 01,2021 -Apr 30,2023 Position CM-3 Nominating Council Member Sara Hensley(Interim City Manager) City Issued E-mail Address: Cherlynn.Hurd@cityofdenton.com Vacancy Position 5 Nominating Council Member Armintor-5 236 Denton Police Department Chief of Police Advisoryopoard Page 4 of 4 City of Denton, Texas Development Code Review Committee Board Roster Margie Ellis Sep 01,2021 -Aug 31,2023 Position PZ-2 Nominating Council Member City Council City Issued E-mail Address: Margie.Ellis@cityofdenton.com Vicki L. Byrd Sep 01,2021 -Aug 31,2023 Position CC-1 Nominating Council Member City Council City Issued E-mail Address: Vicki.Byrd@cityofdenton.com Jordan E Villarreal Sep 01,2021 -Aug 31,2023 Position PZ-3 Nominating Council Member City Council City Issued E-mail Address: Jordan.Vi llarreal@cityofdenton.com Brian Beck Sep 01,2021 -Aug 31,2023 Position CC-2 Nominating Council Member City Council City Issued E-mail Address: Brian.Beck@cityofdenton.com Eric H Pruett Sep 01,2021 -Aug 31,2023 Position PZ-1 Nominating Council Member City Council City Issued E-mail Address: Eric.Pruett@cityofdenton.com 237 Development Code Review Committee 206 Page 1 of 2 G Jesse Davis Sep 01,2021 -Aug 31,2023 Position CC-3 Nominating Council Member City Council City Issued E-mail Address: Jesse.Davis@cityofdenton.com 238 Development Code Review Committee 207 Page 2 of 2 City of Denton, Texas Health & Building Standards Commission Board Roster .�1 Sebastian S Delgadillo Feb 09,2021 -Jun 30,2022 Position 4 Nominating Council Member Ryan-4 City Issued E-mail Address: Sebastian.Delgadillo@cityofdenton.com David Mollen Jul 01,2020-Jun 30,2022 Position 2 Nominating Council Member Baker-2 City Issued E-mail Address: David.Mollen@cityofdenton.com Nicholas J Stevens Apr 19,2021 -Jun 30,2023 Position 5 Nominating Council Member Armintor-5 City Issued E-mail Address: PENDING Michael Sweigart Jul 01,2021 -Jun 30,2023 Position 1 Nominating Council Member Byrd-1 City Issued E-mail Address: Michael.Sweigart@cityofdenton.com Greg R Coward Sep 01,2021 -Aug 31,2023 Position 7 Nominating Council Member Hudspeth-7 City Issued E-mail Address: Greg.Coward@cityofdenton.com 239 Health & Building Standards Commission 208 Page 1 of 2 Vacancy Position ALL-ALT- 1 Nominating Council Member ALL Vacancy Position 3 Nominating Council Member Davis-3 Vacancy Position 6 Nominating Council Member Meltzer-6 Vacancy Position ALL-ALT-2 240 Health & Building Standards Commission 209 Page 2 of 2 City of Denton, Texas Historic Landmark Commission Board Roster .�: Roy P. Anderson Aug 13,2019-Aug 31,2021 Position 4 Nominating Council Member Ryan-4 City Issued E-mail Address: Roy.Anderson@cityofdenton.com Mary Anderson Aug 13,2019-Aug 31,2021 Position 3 Nominating Council Member Davis-3 City Issued E-mail Address: Mary.Anderson@cityofdenton.com Linnie Mcadams AV �Oct 19,2021 -Aug 31,2022 Position 5 Nominating Council Member Armintor-5 City Issued E-mail Address: Linnie.McAdams@cityofdenton.com Angie Stripling Sep 01,2020-Aug 31,2022 Position 7 Nominating Council Member Hudspeth-7 City Issued E-mail Address: Angie.Stripling@cityofdenton.com Cassandra Berry Sep 01,2020-Aug 31,2022 Position 2 Nominating Council Member Baker-2 City Issued E-mail Address: Cassandra.Berry@cityofdenton.com 241 Historic Landmark Commission 210 Page 1 of 2 G&OL Lance A Cooper Mar 01,2022-Aug 31,2022 Position 1 Nominating Council Member Byrd-1 City Issued E-mail Address: Lance.Cooper@cityofdenton.com Cason C Cagle Sep 01,2021 -Aug 31,2023 Position 6 Nominating Council Member Meltzer-6 City Issued E-mail Address: Case.Cagle@cityofdenton.com Vacancy 242 Historic Landmark Commission 211 Page 2 of 2 City of Denton, Texas Internal Audit Advisory Committee Board Roster .�1 James A Wells Position ALL- 1 Nominating Council Member N/A City Issued E-mail Address: James.Wells@cityofdenton.com Martin W Mainja Position ALL-4 Nominating Council Member N/A City Issued E-mail Address: Martin.Mainja@cityofdenton.com Michael J Allison Position ALL-3 Nominating Council Member N/A City Issued E-mail Address: Michael.Allison@cityofdenton.com G"S Vacancy Position ALL-2 Nominating Council Member N/A 243 Internal Audit Advisory Committee 212 Page 1 of 1 City of Denton, Texas Library Board Board Roster Ling Jeng Sep 01,2020-Aug 31,2022 Position 7 Nominating Council Member Hudspeth-7 City Issued E-mail Address: Ling.Jeng@cityofdenton.com Jean Greenlaw Sep 11,2020-Aug 31,2022 Position 3 Nominating Council Member Davis-3 City Issued E-mail Address: Jean.Greenlaw@cityofdenton.com Sandy Swan AV �Sep 14,2021 -Aug 31,2023 Position 6 Nominating Council Member Meltzer-6 City Issued E-mail Address: Sandy.Swan@cityofdenton.com James D Guill Mar 22,2022-Aug 31,2023 Position 2 Nominating Council Member Beck-2 City Issued E-mail Address: James.GuiII@cityofdenton.com Cleopatra Birckbichler Sep 01,2021 -Aug 31,2023 Position 5 Nominating Council Member Armintor-5 City Issued E-mail Address: Cleopatra.Birckbichler@cityofdenton.com 244 Library Board 213 Page 1 of 2 Laura Cantu Sep 01,2021 -Aug 31,2023 Position 1 Nominating Council Member Byrd-1 City Issued E-mail Address: Laura.Cantu@cityofdenton.com Vacancy Position 4 Nominating Council Member Maguire-4 245 Library Board 214 Page 2 of 2 City of Denton, Texas Parks, Recreation & Beautification Board Board Roster .�: Alana Taylor Sep 01,2020-Aug 31,2022 Position 3 Nominating Council Member Davis-3 City Issued E-mail Address: Alana.Taylor@cityofdenton.com Jerry Dooley Sep 01,2020-Aug 31,2022 Position 2 Nominating Council Member Baker-2 City Issued E-mail Address: Jerry.Dooley@cityofdenton.com George M Ferrie Sep 01,2020-Aug 31,2022 Position 5 Nominating Council Member Armintor-5 City Issued E-mail Address: George.Ferrie@cityofdenton.com Frances Punch Sep 01,2021 -Aug 31,2023 Position 7 Nominating Council Member Hudspeth-7 City Issued E-mail Address: Frances.Punch@cityofdenton.com Kwami H Koto Sep 01,2021 -Aug 31,2023 Position 1 Nominating Council Member Byrd-1 City Issued E-mail Address: Kwami.Koto@cityofdenton.com 246 Parks, Recreation & Beautification Board 215 Page 1 of 2 James G Emerich Sep 01,2021 -Aug 31,2023 Position 6 Nominating Council Member Meltzer-6 City Issued E-mail Address: James.Emerich@cityofdenton.com Vacancy Position 4 Nominating Council Member Maguire-4 247 Parks, Recreation & Beautification Board 216 Page 2 of 2 City of Denton, Texas Planning & Zoning Commission Board Roster 6 Margie Ellis Sep 01,2020-Aug 31,2022 Position 6 Nominating Council Member Meltzer-6 City Issued E-mail Address: Margie.Ellis@cityofdenton.com Jason Cole Sep 01,2020-Aug 31,2022 Position 3 Nominating Council Member Davis-3 City Issued E-mail Address: Jason.Cole@cityofdenton.com Donald D Mcdade Jun 08,2021 -Aug 31,2022 Position 5 Nominating Council Member Armintor-5 City Issued E-mail Address: Donald.Mcdade@cityofdenton.com Eric H Pruett Sep 01,2021 -Aug 31,2023 Position 2 Nominating Council Member Beck-2 City Issued E-mail Address: Eric.Pruett@cityofdenton.com Tim Smith Sep 01,2021 -Aug 31,2023 Position 7 Nominating Council Member Watts-7 City Issued E-mail Address: Tim.Smith@cityofdenton.com 248 Planning & Zoning Commission 217 Page 1 of 2 G&OL Jordan E Villarreal Sep 01,2021 -Aug 31,2023 Position 4 Nominating Council Member Maguire-4 City Issued E-mail Address: Jordan.ViIlarreal@cityofdenton.com Ronnie Anderson Sep 01,2021 -Aug 31,2023 Position 1 Nominating Council Member Byrd-1 City Issued E-mail Address: Ronnie.Anderson@cityofdenton.com 249 Planning & Zoning Commission 218 Page 2 of 2 City of Denton, Texas Public Art Committee Board Roster .�: Joey Liechty Jan 26,2021 -Aug 31,2022 Position 3 Nominating Council Member Davis-3 City Issued E-mail Address: Joey.Liechty@cityofdenton.com Leigh E Johnson Apr 19,2022-Aug 31,2022 Position 7 Nominating Council Member Hudspeth-7 City Issued E-mail Address: PENDING Adam Chamberlin Feb 09,2021 -Aug 31,2022 Position 4 Nominating Council Member Ryan-4 City Issued E-mail Address: Adam.Chamberlin@cityofdenton.com Marie S. Nuchols Sep 14,2021 -Aug 31,2022 Position 2 Nominating Council Member Beck-2 City Issued E-mail Address: Marie.Nuchols@cityofdenton.com Frederick Nichelson Sep 01,2021 -Aug 31,2023 Position GDAC Nominating Council Member GDAC CC Ratified City Issued E-mail Address: Frederick.Nichelson@cityofdenton.com 250 Public Art Committee 219 Page 1 of 2 G&OL Jennifer R Lane Sep 01,2021 -Aug 31,2023 Position 6 Nominating Council Member Meltzer-6 City Issued E-mail Address: Jennifer.Lane@cityofdenton.com Meredith Buie Sep 01,2021 -Aug 31,2023 Position 5 Nominating Council Member Armintor-5 City Issued E-mail Address: Meredith.Buie@cityofdenton.com Monet Franklin Sep 01,2021 -Aug 31,2023 Position 1 Nominating Council Member Byrd-1 City Issued E-mail Address: Monet.Franklin@cityofdenton.com Vacancy Position GDAC Nominating Council Member GDAC CC Ratified 251 Public Art Committee 220 Page 2 of 2 City of Denton, Texas Public Utilities Board Board Roster Billy Cheek, Jr. Aug 01,2018-Aug 31,2022 Position 4 Nominating Council Member Ryan-4 City Issued E-mail Address: Billy.Cheek@cityofdenton.com Ben Jumper Mar 16,2021 -Aug 31,2023 Position 1 Nominating Council Member Johnson-1 City Issued E-mail Address: Ben.Jumper@cityofdenton.com Devin C Taylor OF �Jun 08,2021 -Aug 31,2023 Position 2 Nominating Council Member Beck-2 City Issued E-mail Address: Devin.Taylor@cityofdenton.com Susan Parker Aug 06,2019-Aug 31,2023 Position 5 Nominating Council Member Armintor-5 City Issued E-mail Address: Susan.Parker@cityofdenton.com Barbara Russell Sep 01,2019-Aug 31,2023 Position 7 Nominating Council Member Watts-7 City Issued E-mail Address: Barbara.RusselI@cityofdenton.com 252 Public Utilities Board 221 Page 1 of 2 G&OL Lee Riback Jan 26,2021 -Aug 31,2024 Position 3 Nominating Council Member Davis-3 City Issued E-mail Address: Lee.Riback@cityofdenton.com Larry N Beck Sep 01,2021 -Aug 31,2025 Position 6 Nominating Council Member Meltzer-6 City Issued E-mail Address: Larry.Beck@cityofdenton.com 253 Public Utilities Board 222 Page 2 of 2 City of Denton, Texas Sustainability Framework Advisory Committee Board Roster .�1 Wendell O. Stevens Position 1 Nominating Council Member Byrd-1 City Issued E-mail Address: Wendell.Stevens@cityofdenton.com Matthew Fry Position 4 Nominating Council Member Ryan-4 City Issued E-mail Address: Matthew.Fry@cityofdenton.com Keely Briggs Position 6 Nominating Council Member Meltzer-6 City Issued E-mail Address: Keely.Briggs2@cityofdenton.com Edward B Soph Position 2 Nominating Council Member Baker-2 City Issued E-mail Address: Edward.Soph@cityofdenton.com Adam Briggle Position 3 Nominating Council Member Davis-3 City Issued E-mail Address: Adam.Briggle@cityofdenton.com 254 Sustainability Framework Advisory Committee 223 Page 1 of 2 G&OL Brand M Richter Position 5 Nominating Council Member Armintor-5 City Issued E-mail Address: Brand.Richter@cityofdenton.com Vacancy Position 7 Nominating Council Member Hudspeth-7 255 Sustainability Framework Advisory Committee 224 Page 2 of 2 City of Denton, Texas Traffic Safety Commission Board Roster Jeff King Aug 06,2019-Aug 31,2021 Position 3 Nominating Council Member Davis-3 City Issued E-mail Address: Jeff.King@cityofdenton.com Daniel G Krutka Sep 01,2020-Aug 31,2022 Position 1 Nominating Council Member Johnson-1 City Issued E-mail Address: Daniel.Krutka@cityofdenton.com Randolph C Thurmond Sep 01,2020-Aug 31,2022 Position 6 Nominating Council Member Meltzer-6 City Issued E-mail Address: Clay.Thurmond@cityofdenton.com Melissa Carr Sep 01,2020-Aug 31,2022 Position 2 Nominating Council Member Baker-2 City Issued E-mail Address: Melissa.Carr@cityofdenton.com Kristine Bray Sep 01,2021 -Aug 31,2023 Position 5 Nominating Council Member Armintor-5 256 Traffic Safety Commission 225 Page 1 of 2 O Melissa Carr Sep 01,2020-Aug 31,2022 Email lemonthyme65@gmail.com Position 2 Home Phone Business: (940)898-3868 Nominating Council Member Baker-2 Alternate Phone Mobile:(469)396-5014 City Issued E-mail Address: Address Melissa.Carr@cityofdenton.com 3508 Pheasant Hollow Denton,TX 76207 Jacob S Moses Sep 01,2021 -Aug 31,2023 Email jacobscottmoses@gmail.com Position 7 Home Phone Home:(972)977-9036 Nominating Council Member Hudspeth-7 Address City Issued E-mail Address: 525 Rose Street Jacob.Moses@cityofdenton.com Denton,TX 76209 .�. Vacancy Position 4 Nominating Council Member Maguire-4 257 Traffic Safety Commission 226 Page 2 of 2 City of Denton, Texas Zoning Board of Adjustment Board Roster Princewill Njoku Jr. Aug 13,2019-Aug 31,2021 Position ALL-ALT. 1 Nominating Council Member Armintor-5 City Issued E-mail Address: Princewill.Njoku@cityofdenton.com Kathryn (Kate) Lynass Sep 01,2020-Aug 31,2022 Position ALL-ALT.3 Nominating Council Member Baker-2 City Issued E-mail Address: Kathryn.Lynass@cityofdenton.com Jennifer R Lane Sep 01,2020-Aug 31,2022 Position 5 Nominating Council Member Armintor-5 City Issued E-mail Address: Jennifer.Lane@cityofdenton.com Amber Briggle Sep 01,2020-Aug 31,2022 Position 2 Nominating Council Member Baker-2 City Issued E-mail Address: Amber.Briggle@cityofdenton.com Brandon Chase Mcgee NOTE: Seat will become VACANT on May 17, 2022 Aug 17,2021 -Aug 31,2022 Position ALL-ALT.2 Nominating Council Member Meltzer-6 City Issued E-mail Address: Brandon.McGee@cityofdenton.com 258 Zoning Board of Adjustment 227 Page 1 of 2 Lauren A Fischer Sep 01,2021 -Aug 31,2023 Position 4 Nominating Council Member Maguire-4 City Issued E-mail Address: Lauren.Fischer@cityofdenton.com Michael A Redwine Sep 01,2021 -Aug 31,2023 Position 1 Nominating Council Member Byrd-1 City Issued E-mail Address: Michael.Redwine@cityofdenton.com Candi Harris Sep 01,2021 -Aug 31,2023 Position 6 Nominating Council Member Meltzer-6 City Issued E-mail Address: Candi.Harris@cityofdenton.com Vacancy Position 7 Nominating Council Member Hudspeth-7 OVacancy Position 3 Nominating Council Member Davis-3 259 Zoning Board of Adjustment 228 Page 2 of 2 ,. KEN PAXTON ATTORNEY GENERAL of TEXAS OPEN MEETINGS ACT Handbook 2022 N A ti 1:� 4 r T. 4 E • `tt{� tit �: •�.��ey�� .V tf - �- _ _ - r• �i art', 't 4. r ,�•y � '�' -� � + .- --�f, � r '. � +.,�� `�� ;y��i 7'a.7 s - lu+� }Y `` lug, NOON cy • 7 jai p ` ayr� s� � �r�Y��y ( �i°�• 4 ��'f}�f'ih�� ra.+ / �� ., i'� j �� -�,. 4 �,A 4.• f,r ,� 1 �d �"fir'iF+.i�°`,r,�•�.'�-J",-. �1 � 1 f r� i �r ��.�- r�'i `� Z'�,1�� .� t} �1'.��r ,r. �s� ',Y, 1 � M. y •ri y k _ a ch` 1 )� •Y .. .1 1 f •�� t Yj .mot .. /• �j• ,� ,h� .� � '� /v� � ° d / � �' , p;r B �•�• - - •P, .. •' � III .�� r i� ��P 1 y �l - ; 261 230 �EtNF3'� KEN 1'AX'I'ON ATTORNEY GENEILU 01: TEXAS Dear Fellow Texans: Founding Father James Madison once wrote that democracy without information was "but prologue to a farce or a tragedy,"and he regarded the diffusion of knowledge as"the only guardian of true liberty." Texas law has long agreed the inherent right of Texans to govern themselves depends on their ability to observe how public officials are conducting the people'sbusiness. That is why the Texas Open Meetings Act was enacted,to ensure that Texas government is transparent, open, and accountable to all Texans. At its core, the Texas Open Meetings Act simply requires government entities to keep public business, well, open to the public. This Open Meetings Act Handbook is intended to help public officials comply with the various provisions of the Texas Open Meetings Act and to familiarize the public with using the Open Meetings Act as a resource for obtaining information about their government. The handbook is available online and as a printable document at www.texasattomeygeneral.gov/openmeetings hb.pdf. As attorney general, I am proud of my office's efforts to promote open government. We've established an Open Government Hotline for anyone seeking a better understanding of their rights and responsibilities under the law. The toll-free number is 877-OPEN TEX (877-673-6839). Public access to the proceedings and decision-making processes of government is essential to a properly functioning and free state. It is my sincere hope that this handbook will make it easierfor public officials and citizens to understand and comply with the Texas Open Meetings Act. Best regards, Ken Paxton Attorney General of Texas 262 231 263 232 Table of Contents I. Introduction............................................................................................................................... 1 A. Open Meetings Act........................................................................................................... 1 B. A Governmental Body Must Hold a Meeting to Exercise its Powers.............................. 1 C. Quorum and Majority Vote............................................................................................... 2 D. Other Procedures .............................................................................................................. 3 II. Recent Amendments................................................................................................................4 A. Section 551.091. Commissioners Courts: Deliberation Regarding Disaster or Emergency........................................................................................................................4 B. Section 551.001. Governmental Body..............................................................................4 C. Section 551.1283. Governing Body of Certain Water Districts: Internet Posting of Meeting Materials; Recording of Certain Hearings ......................................................... 5 III. Noteworthy Orders and Decisions Since 2020 Handbook...................................................6 A. Governor Abbott Suspends Certain Provisions of the Open Meetings Act...................... 6 B. Judicial Decisions............................................................................................................. 6 C. Attorney General Opinions............................................................................................. 10 IV. Training for Members of Governmental Bodies.................................................................11 V. Governmental Bodies............................................................................................................. 13 A. Definition........................................................................................................................ 13 B. State-Level Governmental Bodies.................................................................................. 14 C. Local Governmental Bodies........................................................................................... 15 D. Committees and Subcommittees of Governmental Bodies............................................ 17 E. Advisory Bodies............................................................................................................. 18 F. Public and Private Entities That Are Not Governmental Bodies.................................... 19 G. Legislature...................................................................................................................... 19 VI. Meetings.................................................................................................................................21 A. Definitions...................................................................................................................... 21 B. Deliberations Among a Quorum of a Governmental Body or Between a Quorum anda Third Party ............................................................................................................ 21 C. Gathering at Which a Quorum Receives Information from or Provides Information toa Third Party............................................................................................................... 22 D. Informal or Social Meetings........................................................................................... 23 E. Discussions Among a Quorum through a Series of Communications ........................... 24 F. Meetings Using Telephone, Videoconference, and the Internet..................................... 25 VII. Notice Requirements...........................................................................................................30 A. Content ........................................................................................................................... 30 264 233 B. Sufficiency...................................................................................................................... 30 C. Generalized Terms.......................................................................................................... 33 D. Time of Posting .............................................................................................................. 34 E. Place of Posting.............................................................................................................. 37 F. Internet Posting of Notice and Meeting Materials ......................................................... 40 G. Emergency Meetings: Providing and Supplementing Notice.........................................41 H. Recess in a Meeting: Postponement in Case of a Catastrophe....................................... 44 I. County Clerk May Charge a Fee for Posting Notice......................................................44 VIII. Open Meetings...................................................................................................................45 A. Convening the Meeting .................................................................................................. 45 B. Location of the Meeting .................................................................................................45 C. Rights of the Public........................................................................................................45 D. Final Actions...................................................................................................................47 IX. Closed Meetings....................................................................................................................51 A. Overview of Subchapter D of the Open Meetings Act................................................... 51 B. Provisions Authorizing Deliberations in Closed Meeting.............................................. 52 C. Closed Meetings Authorized by Other Statutes.............................................................. 63 D. No Implied Authority for Closed Meetings.................................................................... 63 E. Who May Attend a Closed Meeting............................................................................... 64 X. Records of Meetings............................................................................................................... 66 A. Minutes or Recordings of Open Meeting....................................................................... 66 B. Special Recording Requirements ................................................................................... 66 C. Certified Agenda or Recording of Closed Meeting........................................................ 67 D. Additional Recording Requirements for Certain Districts............................................. 69 XI. Penalties and Remedies........................................................................................................70 A. Introduction .................................................................................................................... 70 B. Mandamus or Injunction................................................................................................. 70 C. Voidability of a Governmental Body's Action in Violation of the Act; Ratification ofActions........................................................................................................................ 72 D. Criminal Provisions........................................................................................................ 74 XII. Open Meetings Act and Other Statutes ............................................................................78 A. Other Statutes May Apply to a Public Meeting.............................................................. 78 B. Administrative Procedure Act ........................................................................................ 79 C. The Americans with Disabilities Act.............................................................................. 79 D. The Open Meetings Act and the Whistleblower Act...................................................... 80 E. The Open Meetings Act Distinguished from the Public Information Act...................... 81 F. Records Retention .......................................................................................................... 82 Appendix A: Text of the Open Meetings Act............................................................................84 265 234 Appendix B: Table of Authorities............................................................................................ 120 Cases.................................................................................................................................... 120 Statutes................................................................................................................................. 126 Appendix C: Text of Governor Abbott's 2020 Suspension Letter........................................ 135 266 235 Introduction I. Introduction A. Open Meetings Act The Open Meetings Act (the "Act") was adopted to help make governmental decision-making accessible to the public. It requires meetings of governmental bodies to be open to the public, except for expressly authorized closed sessions,' and to be preceded by public notice of the time, place, and subject matter of the meeting. "The provisions of[the Act] are mandatory and are to be liberally construed in favor of open government."2 The Act was adopted in 19673 as article 6252-17 of the Revised Civil Statutes,substantially revised in 1973,4 and codified without substantive change in 1993 as Government Code chapter 551.5 It has been amended many times since its enactment. Before addressing the Act itself,we will briefly mention certain other issues relevant to conducting public meetings. B. A Governmental Body Must Hold a Meeting to Exercise its Powers Predating the Act is the common-law rule that decisions entrusted to governmental bodies must be made by the body as a whole at a properly called meeting.6 This requirement gives each member of the body an opportunity to state his or her views to other board members and to give them the benefit of his or her judgment, so that the decision "may be the composite judgment of the body as a whole."7 This rule may be changed by the Legislature.$ ' The term"executive session"is often used to mean"closed meeting,"even though the Act uses the latter term. See TEx.Gov'T CODE§ 551.101; Cox Enters.,Inc. v.Bd. of Trs.,706 S.W.2d 956,957(Tex. 1986)(stating that an executive session is a meeting or part of a meeting that is closed to the public). 2 See City of Laredo v. Escamilla,219 S.W.3d 14, 19 (Tex.App.—San Antonio 2006,pet. denied); Willmann v. City of San Antonio, 123 S.W.3d 469,473 (Tex.App.—San Antonio 2003,pet.denied); Toyah Indep. Sch.Dist. v.Pecos-Barstow Indep. Sch.Dist.,466 S.W.2d 377,380(Tex.App.—San Antonio 1971,no writ). 3 Act of May 8, 1967,60th Leg.,R.S.,ch.271, § 1, 1967 Tex.Gen.Laws 597,597-98. 4 Act of Mar.28, 1973,63d Leg.,R.S.,ch. 31, § 1, 1973 Tex.Gen.Laws 45,45-48. 5 Act of May 4, 1993,73d Leg.,R.S.,ch.268, § 1, 1993 Tex.Gen.Laws 583,583-89. 6 See Webster v. Tex. &Pac. Motor Transp. Co., 166 S.W.2d 75, 76-77 (Tex. 1942);Fielding v.Anderson, 911 S.W.2d 858,864(Tex.App.—Eastland 1995,writ denied). 7 Webster, 166 S.W.2d at 76-77. 8 See Faulder v. Tex. Bd. of Pardons & Paroles, 990 S.W.2d 944, 946 (Tex. App.—Austin 1999, pet. ref d) (concluding that board was authorized by statute to perform duties in clemency matters without meeting face- to-face as a body). 2022 Open Meetings Handbook• Office of the Attorney General 1 267 236 Introduction C. Quorum and Majority Vote The authority vested in a governmental body may generally be exercised only at a meeting of a quorum of its members.9 The Code Construction Act10 states as follows: (a) A grant of authority to three or more persons as a public body confers the authority on a majority of the number of members fixed by statute." (b) A quorum of a public body is a majority of the number of members fixed by statute.12 The Act defines "quorum" as a majority of the governing body, unless otherwise defined by applicable law or the governing body's charter.13 For example,three members of the five-member commissioners court constitute a quorum for conducting county business, except for levying a county tax, which requires the presence of at least four members of the court.14 Ex officio, nonvoting members of a governmental body are counted for purposes of determining the presence of a quorum.15 A person who has been elected to serve as a member of a governmental body but whose election has not been certified and who has not yet taken the oath of office is not yet a member of the governmental body.16 Thus, a meeting between two newly elected persons who have not yet taken the oath of office and two serving directors is not subject to the Act because no quorum is present.17 A board member may not delegate his or her authority to deliberate or vote to another person, absent express statutory authority to do so.18 Absent an express provision to the contrary, a proposition is carried in a deliberative body by a majority of the legal votes cast, a quorum being present.19 Thus, if a body is"composed of twelve members,a quorum of seven could act,and a majority of that quorum,four,could bind the body. ,20 9 But see TEX.GOv'T CODE§418.1102(b)(providing that a quorum is not required of local governmental entities if the entity's"jurisdiction is wholly or partly located in the area of a disaster declared by the president . . . or governor;and. . . a majority of the members of the governing body are unable to be present at a meeting of the governing body as a result of the disaster"). 10 Id. §§ 311.001—.034(chapter 311). 11 A statute may expressly provide a different rule. See TEX.Loc. GOv'T CODE§ 363.105 (providing that two- thirds majority vote required of a board of crime control and prevention district to reject application for funding). 12 TEX. Gov'T CODE § 311.013; see id. § 312.004 ("A joint authority given to any number of officers or other persons may be executed by a majority of them unless expressly provided otherwise.");see also Tex. State Bd. of Dental Exam'rs v. Silagi,766 S.W.2d 280,284(Tex.App.—El Paso 1989,writ denied)(stating that absent a statutory provision,the common-law rule that a majority of all members of a board constitutes a quorum applies). 13 TEX.GOv'T CODE§ 551.001(6). 14 TEX.Loc.GOv'T CODE§ 81.006. 15 Tex.Att'y Gen. Op.No.JC-0580(2002)at 2-3 (overruling Tex.Att'y Gen. Op.No.DM-160(1992)in part). 16 Tex.Att'y Gen. Op.No.GA-0355(2005)at 3. 17 Id. at 4. 18 Tex.Att'y Gen. Op.No.JM-903 (1988)at 4-5. 19 Comm'rs Ct. of Limestone Cnty. v. Garrett,236 S.W.970,973 (Tex. [Comm'n Op.] 1922);Tex.Att'y Gen.Op. Nos. GA-0554(2007)at 2,GA-0412(2006)at 3. 20 Webster, 166 S.W.2d at 77. 2022 Open Meetings Handbook• Office of the Attorney General 2 268 237 Introduction D. Other Procedures 1. In General Governmental bodies should consult their governing statutes for procedures applicable to their meetings. Home-rule cities should also consult their charter provisions.21 Governmental bodies may draw on a treatise such as Robert's Rules of Order to assist them in conducting their meetings, as long as the provisions they adopt are consistent with the Texas Constitution, statutes, and common law.22 A governmental body subject to the Act may not conduct its meetings according to procedures inconsistent with the Act.23 2. Preparing the Agenda An agenda is "[a] list of things to be done, as items to be considered at a meeting."24 The terms "agenda"and"notice"are often used interchangeably in discussing the Act because of the practice of posting the agenda as the notice of a meeting or as an appendix to the notice.25 Some governmental entities are subject to statutes that expressly address agenda preparation.26 Other entities may adopt their own procedures for preparing the agenda of a meeting.21 Officers and employees of the governmental body must avoid deliberations subject to the Act while preparing the agenda.28 21 See Shackelford v. City of Abilene, 585 S.W.2d 665, 667 (Tex. 1979) (considering home-rule city charter that required all city meetings to be open to the public). 22 See Tex.Att'y Gen.Op.No.GA-0412(2006)at 2;see also generally Tex.Att'y Gen.Op.No.GA-0554(2007). 23 See Tex. Att'y Gen. Op. Nos. GA-0412 (2006) at 2; DM-228 (1993) at 3 (addressing governmental body's adoption of provisions of Robert's Rules of Order to govern conduct of meetings). 24 BLACK'S Law DICTIONARY 72(9th ed.2009). 25 See, e.g., City of San Antonio v. Fourth Court of Appeals, 820 S.W.2d 762,764(Tex. 1991). 26 See TEx. TRANsp. CODE § 201.054 (providing that Chair of Transportation Commission shall oversee the preparation of an agenda for each meeting). 27 See Tex.Att'y Gen.Op.No.DM-473(1998)at 3(discussing home-rule city's procedure for agenda preparation). 28 Id. 2022 Open Meetings Handbook• Office of the Attorney General 3 269 238 Recent Amendments II. Recent Amendments Though comprehensive discussions of these amendments are also included throughout the relevant parts of this Handbook, below is a brief discussion of the amendments to the Act adopted by the 87th Legislature: A. Section 551.091. Commissioners Courts: Deliberation Regarding Disaster or Emergency Added by Senate Bill 1343, section 551.091 authorizes certain commissioners courts to hold an open or closed meeting, including a telephone conference call, "solely to deliberate about disaster or emergency conditions and related public safety matters" requiring an immediate response "without complying with the requirements of[the Act],including the requirement to provide notice before the meeting or to first convene in an open meeting."29 However, the new section requires the commissioners court to provide reasonable public notice "[t]o the extent practicable under the circumstances" and to allow members of the public and press to observe the meeting "if the meeting is an open meeting. ,30 Section 551.091 states that the commissioners court may not vote or take final action in the meeting and requires the commissioners court to prepare and keep minutes or a recording and make the minutes or recording available to the public as soon as practicable.3 1 New section 551.091 only applies to a county "for which the governor has issued an executive order or proclamation declaring a state of disaster or a state of emergency" and "in which transportation to the meeting location is dangerous or difficult as a result of the disaster or emergency."32 The section expires on September 1, 2027.33 Senate Bill 1343 takes effect on September 1, 2021.34 B. Section 551.001. Governmental Body Senate Bill 244 amends the Act's definition of governmental body to include"a board of directors of a reinvestment zone created under Chapter 311, Tax Code."35 Senate Bill 244 takes effect on September 1, 2021.36 29 See Act of May 8,2021, 87th Leg.,R.S.,ch. 104, § 1,2021 Tex. Sess. Law Serv. 193, 193-194 (to be codified at TEx.Gov'T CODE§ 551.091(b)). 30 Id. (to be codified at TEx.Gov'T CODE§ 551.091(c)). 31 Id. (to be codified at TEx.Gov'T CODE§ 551.091(d)). 32 Id. (to be codified at TEx.Gov'T CODE§ 551.091(a)(1)—(2)). 33 See id. (to be codified at TEx.Gov'T CODE§ 551.091(e)). 34 See id. §2. 35 See Act of May 23, 2021, 87th Leg.,R.S., ch. 361, § 1, 2021 Tex. Sess. Law Serv. 743, 744 (to be codified at TEx.Gov'T CODE§ 551.001(3)(M)). 36 See id. §2. 2022 Open Meetings Handbook• Office of the Attorney General 4 270 239 Recent Amendments C. Section 551.1283. Governing Body of Certain Water Districts: Internet Posting of Meeting Materials; Recording of Certain Hearings House Bill 1154 amends section 551.1283 to add additional Internet posting requirements to certain special purpose districts.37 Section 551.1283 contains recording and posting requirements for certain meetings of special purpose districts subject to Water Code chapters 51, 53, 54, or 55 and that have a population of 500 or more.38 House Bill 1154 adds a requirement that such districts must post on an Internet website the district maintains "links to any other Internet website or websites the district uses to comply with Section 2051.202 of this code and Section 26.18, Tax Code."39 House Bill 1154 also adds section 551.1283(e),which provides that"[n]othing in this chapter shall prohibit a district from allowing a person to watch or listen to a board meeting by video or telephone conference call."40 House Bill 1154 takes effect on September 1, 2021.41 37 See Act of May 26, 2021, 87th Leg., R.S., ch. 647, § 2, 2021 Tex. Sess. Law Serv. 1310, 1310-1311 (to be codified at TEx.Gov'T CODE§ 551.1283(d)—(e)). 38 See TEx.Gov'T CODE§ 551.1283(a)—(c). 39 See Act of May 26, 2021, 87th Leg., R.S., ch. 647, § 2, 2021 Tex. Sess. Law Serv. 1310, 1310-1311 (to be codified at TEx.Gov'T CODE § 551.1283(d). Section 2051.202(d) of the Government Code requires a district to post on its website, among other items, the location and schedule for meetings, as well as meeting notices, minutes,and instructions for requesting certain meeting locations. See id. § 3,2021 Tex. Sess. Law Serv. 1311 (to be codified at TEx.Gov'T CODE§ 2051.202(d)(11), (13), (14)). Generally, section 26.18 of the Tax Code requires taxing units to post information relating to their tax rate and budget information on a website. See TEx. TAX CODE§26.18. ao See Act of May 26, 2021, 87th Leg., R.S., ch. 647, § 2, 2021 Tex. Sess. Law Serv. 1310, 1310-1311 (to be codified at TEx.Gov'T CODE§ 551.1283(e)). a' See id. § 8,2021 Tex. Sess.Law Serv. 1313. 2022 Open Meetings Handbook• Office of the Attorney General 5 271 240 Noteworthy Decisions Since 2020 Handbook III. Noteworthy Orders and Decisions Since 2020 Handbook A. Governor Abbott Suspends Certain Provisions of the Open Meetings Act In March of 2020, as the COVID-19 pandemic was recognized in the United States and Texas, Governor Abbott declared a statewide disaster and then suspended certain provisions of the Act via a letter to the Attorney General.42 In his letter, Governor Abbott indicated the purpose of the suspension was to provide flexibility to governmental bodies to conduct business while working to slow the spread of COVID-19 and at the same time maintaining transparency and public access to open government.43 Governor Abbott divided the suspensions into four distinct categories: those pertaining to the requirement of physical presence of a quorum at a location to conduct a meeting by telephone or videoconference; those pertaining to the physical posting of a notice; those pertaining to the requirement that the telephone or videoconference meeting be audible to the members of the public; and those pertaining to face-to-face interaction between members of the public and public officials. Governor Abbott's letter stated that the suspensions would remain in effect until they were terminated by his office or until the state's disaster declaration was lifted or expired. Each month thereafter Governor Abbott extended the disaster declaration thereby keeping the suspensions in place. For the following year and a half, many governmental bodies conducted meetings by Zoom and other electronic meeting platforms. The Office of the Attorney General created a dedicated telephone hotline and email address to answer governmental bodies' questions regarding the operation of the Act under the suspensions. In 2021,the 87th Legislature convened and considered many bills that incorporated aspects of the suspension letter into the Act's telephone and videoconference provisions but adopted none of the considered bills.44 On June 30, 2021, Governor Abbott's office communicated to the Attorney General's Office that the Governor would be lifting the suspensions effective September 1, 2021,thereby reinstating all provisions of the Act as written.45 B. Judicial Decisions The 2020 OMA Handbook included a discussion about the conflict between two courts of appeals on the issue of the viability of an action brought by plaintiffs seeking declarations of violations of the Act under the Uniform Declaratory Judgment Act against a governmental body's assertion of governmental immunity. The Texas Supreme Court has since resolved that conflict. As background, the Austin Court of Appeals, in City of New Braunfels v. Carowest Land, Ltd., determined that section 551.142 of the Act, which authorizes any interested person to bring an action by mandamus or injunction, limited the Act's waiver of governmental immunity to only 42 Seehttps://www.texasattomeygeneral.gov/sites/default/files/files/divisions/open-govemment/COVID-I9-OMA- Suspension-Letter.pdf. Though the suspensions have been lifted,the text of the Governor's letter is reproduced in Appendix C for reference. As of September 1,2021,the Act is applicable in its entirety. 43 Id. 44 See e.g.,Tex. S.B. 861, 87th Leg.,R.S.(2021)and Tex.H.B.2683,87th Leg.,R.S. (2021). 45 See https://www.texasattomeygencral.gov/open-govemment/open-meetings-act-suspension-updates. 2022 Open Meetings Handbook• Office of the Attorney General 6 272 241 Noteworthy Decisions Since 2020 Handbook injunctive and mandamus relief but not declaratory.46 The Fort Worth Court of Appeals, in Town of Shady Shores v. Swanson, disagreed with the Austin Court of Appeals.47 While it agreed that section 551.142 contained a limited waiver involving only mandamus or injunction, it raised section 551.141, which provides that an action taken in violation of the Act is voidable, and said that the section's purpose "is to allow courts to declare void actions taken in violation of [the Act]."48 The court stated that "although [the Act] does not broadly waive immunity for all declaratory judgment actions, it does waive immunity for a declaration that an action taken in violation of[the Act] is void. ,49 The Texas Supreme Court, in Town of Shady Shores v. Swanson, agreed with the Austin Court of Appeals and resolved the issue by holding that section 551.142 set the boundaries of a governmental body's immunity waiver to the express relief provided therein—that of an injunction or mandamus.50 The court acknowledged the Act provides that an action taken in violation of the Act is voidable,but the court pointed out that the Act"goes on to state very clearly the authorized mechanism to obtain that result"was a suit by mandamus or injunction.51 It held the Act's "clear and unambiguous waiver of immunity does not extend to suits for declaratory relief. ,52 In Stratta v. Roe, the United States Court of Appeals for the Fifth Circuit gave some meaning to the phase "member of the public" as it appears in the Act.53 Stratta was a member of the Brazos Valley Groundwater Conservation District but attended a meeting as a member of the public and signed up to speak as such during the period reserved for public comment on a matter not included on the agenda.54 The District prohibited him from speaking on the matter claiming that because he was a director he could not discuss subjects that were not on the agenda even though the agenda included a public comment section on non-agenda items.55 Stratta sued the District alleging that it deprived him of his First Amendment rights by preventing him from speaking.56 The Fifth Circuit considered section 551.042, which allows a governmental body to address in a limited manner a subject raised by a member of the public that was not included on the meeting notice.57 In addressing Stratta's contention that he had a right to address the board of directors as a member of the public during a period reserved for public comment on open agenda items, the court recognized that the Act does not define "member of the public. ,58 Looking to its common 46 See City of New Braunfels v. Carowest Land,Ltd.,549 S.W.3d 163, 173(Tex.App.—Austin 2017,pet.granted, judgm't vacated w.r.m.). 47 See Town of Shady Shores v. Swanson, 544 S.W.3d 426,437 n.1 (Tex. App.—Fort Worth 2018),rev'd in part, 590 S.W.3d 544(2019). 48 Id. at 437. 49 Id. at 437 n.4. 50 See Town of Shady Shores v. Swanson,590 S.W.3d 544,554(Tex.2019). 51 See id. 52 See id. The court acknowledged that prior of its cases affirmed or rendered declaratory judgments premised on violations of the Act,but then stated that"in those cases we simply were not presented with,and did not address, the specific question of whether the Act waives immunity from suit for such relief." Id. at 555. 53 Stratta v.Roe,961 F.3d 340,363 (5th Cir.2020) . 54 Id. at 348-49. 55 Id. at 349. 56 Id. at 346. 57 See id. at 361-62. 58 See id. at 363. 2022 Open Meetings Handbook• Office of the Attorney General 7 273 242 Noteworthy Decisions Since 2020 Handbook meaning, the court stated that "[w]hen `member of the public' is used in conjunction with an identified or identifiable group—as it is here with `governmental body'—its meaning is contextually modified to mean a person who does not belong to the identified group."59 The court determined that Stratta could not bypass the Act's notice requirement by attending a meeting as a member of the public.60 It concluded that "whatever Stratta's rights otherwise may be, they were overcome by his status as a Board member, and the Board correctly prevented Stratta from speaking at the meeting."61 In Mares v. Texas Webb County, a federal district court considered the adequacy of a meeting notice.62 The agenda item at issue stated: Discussion and possible action to adopt the county budget for fiscal year 2016- 2017 . . . The Court may make any modifications to the proposed budget that it considers warranted by law.63 The commissioners court used the agenda item to deal with performance issues of Plaintiff Mares in her role as the county's Director of Administrative Services.64 Though having been placed on and removed from probation, Mares continued to have performance issues.6' During the commissioners court action under the budget agenda item, the county judge moved "to split Administrative Services into two departments: Human Resources and Risk Management," change Mares' position and reduce her salary.66 Mares challenged the action as violating the Open Meetings Act.67 The opinion states that a court evaluates a notice by comparing its content with the actions taken at the meeting.68 Thus, the court framed the question as "whether the content of that budgetary provision is sufficiently specific to alert the public that the County may split its Administrative Services Department or change Plaintiff's position and salary."69 The court recognized that the notice item was "devoid of any language that could alert the public that the County might make employment or personnel decisions,much less that it might split Administrative Servicesa then decade-old department—and reduce Plaintiff's salary by approximately $30,000."70 The court observed that the county's burden to provide adequate notice was light noting that a reference to "personnel" might have been adequate, but it disapproved of the County's split of a department and reduction in salary under the guise of the word "budget. ,71 It noted that "almost any change in County administration will have some effect on the budget. If a local government could simply 59 Id. (quotation marks and citation omitted). 60 See id. 61 See id. at 363-64. 62 Mares v. Tex. Webb. Cnty.,5:18-CV-121,2020 WL 619902,at*4(S.D. Tex.Feb. 10,2020). 63 See id. at*4. 64 See id. at*1. 65 See id. 66 Id. at*2. 67 See id. 68 See id. 69 See id. at*4. 70 See id. 71 See id. at*6. 2022 Open Meetings Handbook• Office of the Attorney General 8 274 243 Noteworthy Decisions Since 2020 Handbook provide notice of `any modifications to the proposed budget,' the [Act] would become a dead letter. ,72 The court found the notice was not sufficiently specific to apprise the public of the County's actions.73 The court also took the opportunity to comment on the County's history of providing adequate notice.74 It looked at prior notice items regarding the performance and discipline of Mares and all were specific in describing what the County would be discussing.75 The court said the "County's ability to provide adequate notice is therefore apparent, and its retreat from that custom further undercuts the adequacy of its notice here."76 In City of Brownsville v. Brownsville GMS, the Corpus Christi Court of Appeals interpreted sections 551.141 and 551.142 of the Act to address what remedies are permissible under the Act.77 Brownsville GMS was a commercial and industrial waste service provider, which served the City of Brownsville on a month-to-month basis.78 Alleging that the City rejected a fully negotiated long-term agreement with Brownsville GMS as a result of a discussion that violated the Act, Brownsville GMS sought and received a temporary injunction from the trial court.79 That injunction was designed to prevent the City of Brownsville from terminating its contract with Brownsville GMS or executing or performing a new contract with a third party for the same services.80 But the City never actually did any of these things.81 The Court of Appeals determined that the Act permits courts to void only actions which were approved in violation of the Act.82 Thus, section 551.141 would not permit a court to restrain an entity subject to the Act from engaging in an action which has never been approved in violation of the Act.83 Because section 551.141 only refers to "[a]n action taken"as "voidable," and no action had been taken by the City in this case,the court found that the temporary injunction granted by the trial court was improper.84 In Leftwich v. City of Harlingen, Plaintiff Leftwich sued the City of Harlingen, alleging that a violation of the Act occurred during a city council meeting on September 4, when the city council voted to approve the first reading of two tax ordinances.85 Mr. Leftwich claimed the City did not permit public comment under section 551.007 prior to the agenda item.86 While the recording of the meeting showed the mayor as having asked for discussion,there was no response and the court 72 See id. 73 See id. 74 See id. at*4-5. 75 See id. 76 See id. at 5. 77 City of Brownsville v. Brownsville GMS, Ltd., No. 13-19-00311-CV, 2021 WL 1804388, at *8 (Tex. App.— Corpus Christi May 6,2021,no pet.). 78 Id. at 1. 79 Id. 80 Id. at*8. 81 Id. 82 Id. 83 Id. 84 Id. 85 Leftwich v. City of Harlingen, No. 13-20-00110-CV, 2021 WL 4096148, at *I (Tex. App.—Corpus Christi- Edinburg Sept. 9,2021,no pet.h.). 86 See id. 2022 Open Meetings Handbook• Office of the Attorney General 9 275 244 Noteworthy Decisions Since 2020 Handbook assumed the call for discussion was not clearly directed to the public.87 The court noted that even if the call for discussion was an invitation for public comment, Mr. Leftwich would lose nonetheless because the ordinances were not adopted at that September 4 meeting.88 Instead, the ordinances were adopted at a subsequent meeting on September 17.89 The court noted the September 17th meeting was not one alleged to be in violation of the Act.90 Thus, there was no action taken in violation of the Act, and Mr. Leftwich was not entitled to an injunction against the collection of taxes pursuant to the ordinances.91 C. Attorney General Opinions Attorney General Opinion No. KP-0300 (2020) examined section 551.007, added in 2019, regarding the right of the public to address the governmental body at an open meeting.92 Subsection 551.007(b) requires a governmental body to "allow each member of the public who desires to address the body regarding an item on the agenda . . . to address the body regarding the item at the meeting before or during the body's consideration of the item."93 Attorney General Opinion KP-0300 considered a governmental body's practice of holding one public comment period at the beginning of the open meeting versus holding separate public comment periods immediately before each agenda item.94 The opinion concluded that the plain language of subsection 551.007(b) gave a governmental body discretion to allow the public comment at either time,provided the comment opportunity occurred prior to the governmental body's consideration of the agenda item.95 The opinion also considered a governmental body's rule capping the total amount of time a speaker has to address all agenda items and concluded that such a rule is permissible only if it is reasonable.96 87 See id. at*6. 88 See id. 89 See id. 90 See id. 91 See id. 92 See Tex.Att'y Gen. Op.No.KP-0300(2020). 93 TEX.Gov'T CODE§ 551.007(b). 94 Tex.Att'y Gen. Op.No.KP-0300(2020)at 1-2. 95 See id. at 2. 96 See id. 2022 Open Meetings Handbook• Office of the Attorney General 10 276 245 Training for Members of Governmental Bodies IV. Training for Members of Governmental Bodies Section 551.005 requires each elected or appointed public official who is a member of a governmental body subject to the Act to complete a course of training addressing the member's responsibilities under the Act. The public official must complete the training not later than the 90th day after taking the oath of office, if required to take an oath to assume duties as a member of the governmental body, or after the public official otherwise assumes these duties if the oath is not required. Completing training as a member of the governmental body satisfies the training requirements for the member's service on a committee or subcommittee of the governmental body and ex officio service on any other governmental body. The training may also be used to satisfy any corresponding training requirements concerning the Act that another law requires members of a governmental body to complete. The failure of one or more members of a governmental body to complete the training does not affect the validity of an action taken by the governmental body. The attorney general is required to ensure that the training is made available, and the attorney general's office may provide the training and may approve any acceptable training course offered by a governmental body or other entity. The attorney general must also ensure that at least one course approved or provided by the attorney general's office is available at no cost on videotape, DVD, or a similar and widely available medium.97 The training course must be at least one and no more than two hours long and must include instruction on the following subjects: (1) the general background of the legal requirements for open meetings; (2) the applicability of this chapter to governmental bodies; (3) procedures and requirements regarding quorums, notice and recordkeeping under this chapter; (4) procedures and requirements for holding an open meeting and for holding a closed meeting under this chapter; (5) penalties and other consequences for failure to comply with this chapter.98 The entity providing the training shall provide a certificate of completion to public officials who complete the training course. A governmental body shall maintain and make available for public inspection the record of its members'completion of training. A certificate of course completion is 97 An Open Meetings Act training video is available online at https://www.texasattomcygencral.gov/open- govemment/open-meetings-act-training. 98 In its review of Open Meetings Act training materials submitted for approval,the Office of the Attorney General considers whether the written materials demonstrate that each subject is accurately and sufficiently covered. Materials may be submitted for review at https://www.texasattomeygeneral.gov/open-govemment/online- training-application-approval. 2022 Open Meetings Handbook• Office of the Attorney General 11 277 246 Training for Members of Governmental Bodies admissible as evidence in a criminal prosecution under the Act, but evidence that a defendant completed a training course under this section is not prima facie evidence that the defendant knowingly violated the Act. 2022 Open Meetings Handbook• Office of the Attorney General 12 278 247 Governmental Bodies V. Governmental Bodies A. Definition Section 551.002 of the Government Code provides that"[e]very regular, special, or called meeting of a governmental body shall be open to the public, except as provided by this chapter."99 "Governmental body" is defined by section 551.001(3) as follows: "Governmental body"means: (A) a board, commission,department, committee,or agency within the executive or legislative branch of state government that is directed by one or more elected or appointed members; (B) a county commissioners court in the state; (C) a municipal governing body in the state; (D) a deliberative body that has rulemaking or quasi-judicial power and that is classified as a department, agency, or political subdivision of a county or municipality; (E) a school district board of trustees; (F) a county board of school trustees; (G) a county board of education; (H) the governing board of a special district created by law; (I) a local workforce development board created under Section 2308.253; (J) a nonprofit corporation that is eligible to receive funds under the federal community services block grant program and that is authorized by this state to serve a geographic area of the state;ioo and (K) a nonprofit corporation organized under Chapter 67,Water Code, that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under Section 11.30, Tax Code; (L) a joint board created under Section 22.074, Transportation Code; and 99 An agency financed entirely by federal money is not required by the Act to conduct an open meeting. TEx. Gov'T CODE§ 551.077. '0' See 42 U.S.C.A. §§ 9901-9926(Community Services Block Grant Program). 2022 Open Meetings Handbook• Office of the Attorney General 13 279 248 Governmental Bodies (M) a board of directors of a reinvestment zone created under Chapter 311, Tax Code. Section 551.0015 provides that certain property owners' associations in a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more are subject to the Act in the same manner as a governmental body.101 B. State-Level Governmental Bodies Section 551.001(3)(A), the definition of"governmental body" applicable to state-level entities, does not name specific entities but instead sets out a general description of such entities. Thus, a state-level entity will be a governmental body within the Act if it is "within the executive or legislative branch of state government" and under the direction of "one or more elected or appointed members."102 Moreover, it must have supervision or control over public business or policy.103 A university auxiliary enterprise was a governmental body under the Act because (1) as an auxiliary enterprise of a state university,it was part of the executive branch of state government; (2) a board of directors elected by its membership controlled the entity, formulated policy, and operated the organization; (3) the board acted by vote of a quorum; (4) the board's business concerned public education and involved spending public funds; and (5) the university exerted little control over the auxiliary enterprise.104 In contrast, an advisory committee without control or supervision over public business or policy is not subject to the Act, even though its membership includes some members, but less than a quorum, of a governmental body.105 See Handbook Part V.E. The section 551.001(3)(A) definition of"governmental body" includes only entities within the executive and legislative departments of the State. It therefore excludes the judiciary from the Act.106 Other entities are excluded from the Act or from some parts of the Act by statutes other than chapter 551. For instance,the Texas HIV Medication Advisory Committee is expressly excluded from the 101 TEx.Gov'T CODE§ 551.0015;but see TEx.PROP.CODE§209.0051(c)(requiring that regular and special board meetings of property owner associations not otherwise subject to chapter 551 be open to the owners), id. § 209.0051(b)(1) (defining "board meeting" as "a deliberation between a quorum of the voting board of the property owners' association, or between a quorum of the voting board and another person, during which property owners' association business is considered and the board takes formal action"). 102 TEx.Gov'T CODE§551.001(3)(A);see id. § 551.003. 103 Id.§551.001(4)(definition of"meeting");Beasley v.Molett,95 S.W.3d 590,606(Tex.App.—Beaumont 2002, pet. denied);Tex.Att'y Gen.Op.No. GA-0019(2003)at 5. 104 Gulf Reg'l Educ. Television Affiliates v. Univ. of Houston, 746 S.W.2d 803, 809 (Tex. App.—Houston [14th Dist.] 1988,writ denied); Tex. Att'y Gen. Op.No. H-438 (1974) at 4(concluding that Athletic Council of The University of Texas,as governmental body that supervises public business,must comply with the Act). 105 Tex.Att'y Gen.Op.Nos.JM-331 (1985)at 3(concluding that citizens advisory panel of Office of Public Utility Counsel,with no power to supervise or control public business,is not governmental body);H-994(1977)at 2- 3 (concluding that committee appointed to study process of choosing university president and make recommendations to Board of Regents not subject to the Act). '01 See Tex. Att'y Gen. Op.No. JM-740(1987) at 4(concluding that meetings of district judges to choose county auditor is not subject to the Act). 2022 Open Meetings Handbook• Office of the Attorney General 14 280 249 Governmental Bodies definition of"governmental body"but still must hold its open meetings in compliance with chapter 551, "except that the provisions allowing executive sessions do not apply to the committee."107 C. Local Governmental Bodies Subsection 551.001(3)(B) through (M) lists a number of specific types of local governmental bodies. These include a county commissioners court, a municipal governing body and the board of trustees of a school district. Subsection 551.001(3)(D)describes another kind of local governmental body: "a deliberative body that has rulemaking or quasi-judicial power and that is classified as a department, agency, or political subdivision of a county or municipality.108 An inquiry into a local entity's powers and relationship to the city or county government is necessary to determine whether it is a governmental body under subsection 551.001(3)(D). A judicial decision guides us in applying subsection 551.001(3)(D)to particular entities. The court in City of Austin a Evans109 analyzed the powers of a city grievance committee and determined it was not a governmental body within this provision. The court stated that the committee had no authority to make rules governing personnel disciplinary standards or actions or to change the rules on disciplinary actions or complaints."0 It could only make recommendations and could not adjudicate cases. The committee did not possess quasi-judicial power, described as including the following: (1) the power to exercise judgment and discretion; (2) the power to hear and determine or to ascertain facts and decide; (3) the power to make binding orders and judgments; (4) the power to affect the personal or property rights of private persons; (5) the power to examine witnesses,to compel the attendance of witnesses, and to hear the litigation of issues on a hearing; and (6) the power to enforce decisions or impose penalties."' An entity did not need all of these powers to be considered quasi judicial, but the more of those powers it had, the more clearly it was quasi-judicial in the exercise of its powers.112 107 TEX.HEALTH&SAFETY CODE§ 85.276(d). 108 TEX.GOv'T CODE§ 551.001(3)(D). 109 City of Austin v. Evans,794 S.W.2d 78,83 (Tex.App.—Austin 1990,no writ). 110 Id 11' Id. (emphasis omitted); see also Blankenship v. Brazos Higher Educ. Auth., Inc., 975 S.W.2d 353, 360 (Tex. App.—Waco 1998,pet.denied). 112 City of Austin,794 S.W.2d at 83. 2022 Open Meetings Handbook• Office of the Attorney General 15 281 250 Governmental Bodies The court in Fiske a City of Dallas113 concluded that a citizens group set up to advise the city council as to persons qualified to serve as municipal judges was not a governmental body within the Act because it was not part of the city council or a committee of the city council, and it had no rulemaking power or quasi-judicial power.114 In contrast, Attorney General Opinion DM-426 (1996) concluded that a municipal housing authority created under chapter 392 of the Local Government Code was a governmental body subject to the Act.115 It was "a department, agency, or political subdivision of a . . . municipality" as well as "a deliberative body that has rule-making or quasi-judicial power" within section 551.001(3)(D) of the Act.116 Attorney General Opinion DM-426 concluded on similar grounds that a county housing authority was a governmental body."' Subsection 551.001(3)(H)provides "the governing board of a special district created by law"118 is a governmental body. This office has concluded that a hospital district119 and the Dallas Area Rapid Transit Authority120 are special districts. Sierra Club v Austin Transportation Study Policy Advisory Committee121 is the only judicial decision that has addressed the meaning of"special district" in the Act. The court in Sierra Club decided that the Austin Transportation Study Policy Advisory Committee (ATSPAC) was a "special district" within the Act. The committee, a metropolitan planning organization that engaged in transportation planning under federal law, consisted of state, county, regional and municipal public officials. Its decisions as to transportation planning within a five-county area were used by federal agencies to determine funding for local highway projects. Although such committees did not exist when the Act was adopted in 1967, the court compared ATSPAC's functions to those of a "governmental body" and concluded that the committee was the kind of body that the Act should govern.122 The court relied on the following definition of special district: a limited governmental structure created to bypass normal borrowing limitations, to insulate certain activities from traditional political influence, to allocate functions to entities reflecting particular expertise, to provide services in otherwise 13 Fiske v. City of Dallas,220 S.W.3d 547,551 (Tex.App.—Texarkana 2007,no pet.). 114 See id.;see also Tex.Att'y Gen.Op.No.GA-0361 (2005)at 5-7(concluding that a county election commission is not a deliberative body with rulemaking or quasi-judicial powers). 115 Tex.Att'y Gen. Op.No.DM-426(1996)at 2. 116 Id. at 2. 11' Id.;see also Tex.Att'y Gen. Op.Nos.JC-0327(2001)at 2(concluding that board of the Bryan-College Station Economic Development Corporation did not act in a quasi-judicial capacity or have rulemaking power);H-467 (1974) at 3 (concluding that city library board, a department of the city, did not act in a quasi-judicial capacity or have rulemaking power). 118 TEx.Gov'T CODE§551.001(3)(H). 119 See Tex.Att'y Gen. Op.No.H-238 (1974)at 2. 120 See Tex.Att'y Gen. Op.No.JM-595(1986)at 2. 121 Sierra Club v.Austin Transp.Study Pol'y Advisory Comm.,746 S.W.2d 298,301 (Tex.App.—Austin 1988,writ denied). 122 Id. at 300-301. 2022 Open Meetings Handbook• Office of the Attorney General 16 282 251 Governmental Bodies unincorporated areas, or to accomplish a primarily local benefit or improvement, e.g.,parks and planning mosquito control, sewage removal.123 Relying on the Sierra Club case, this office has concluded that a committee of judges meeting to participate in managing a community supervision and corrections department is a"special district" subject to the Act.124 It also relied on Sierra Club to decide that the Act applied to the Border Health Institute, a consortium of public and private entities established to assist the work of health- related institutions in the Texas-Mexico border region.121 It determined that other governmental entities, such as a county committee on aging created under the Non-Profit Corporation Act, were not "special districts."126 D. Committees and Subcommittees of Governmental Bodies Generally, meetings of less than a quorum of a governmental body are not subject to the Act.121 However,when a governmental body appoints a committee that includes less than a quorum of the parent body and grants it authority to supervise or control public business or public policy, the committee may itself be a "governmental body" subject to the Act.128 In Willmann a City of San Antonio,129 the city council established a subcommittee consisting of less than a quorum of council members and charged it with recommending the appointment and reappointment of municipal judges.130 The appellate court,reviewing the conclusion on summary judgment that the committee was not subject to the Act, stated that a "governmental body does not always insulate itself from . . . [the Act's] application simply because less than a quorum of the parent body is present. ,131 Because the evidence indicated that the subcommittee actually made final decisions and the city council merely "rubber stamped" them, the appellate court reversed the summary judgment as to the Open Meetings Act issue.132 123 Id. at 301 (quoting BLACK'S LAw DICTIONARY 1253 (5th ed. 1986)). 124 See Tex.Att'y Gen.Op.No.DM-395 (1996)at 3-4. But see Tex.Att'y Gen.Op.No. GA-0504(2007)at 2 n.4 (observing that Texas Supreme Court Order No. 97-9141, 1997 WL 583726(per curium),had raised questions about the premises underlying the conclusion of Attorney General Opinion DM-395). 125 See Tex. Att'y Gen. Op. No. GA-0280 (2004) at 8-9; see also Tex. Att'y Gen. Op. No. DM-426 (1996) at 4 (concluding that regional housing authority created under chapter 392 of the Local Government Code is special district within the Act). 121 See Tex. Att'y Gen. Op. No. DM-7 (1991) at 2-3; see also Tex. Att'y Gen. Op. No. JC-0160 (1999) at 3 (concluding that ad hoc intergovernmental working group of employees is not a "special district" within the Act). 127 See Hays Cnty. v.Hays Cnty. Water Plan.P'ship, 106 S.W.3d 349,356(Tex.App.—Austin 2003,no pet.);Tex. Att'y Gen. Op.No.JC-0407(2001)at 9. 12' Tex.Att'y Gen.Op.Nos.JC-0060(1999)at 2,JC-0053(1999)at 3;Tex.Att'y Gen.LO-97-058,at 2-5;LO-97- 017,at 5. 129 Willmann v. City of San Antonio, 123 S.W.3d 469(Tex.App.—San Antonio 2003,pet.denied). 130 See id. at 471-72. 131 Id. at 478. 132 See id. at 480;see also Finlan v. City of Dallas, 888 F. Supp. 779, 785 (N.D. Tex. 1995) (noting concern that danger exists that full council is merely a "rubber stamp" of committee); Tex. Att'y Gen. Op. Nos. JC-0060 (1999)at 3,H-823(1976)at 2,H-438(1974)at 3(discussing"rubber stamping"of committee and subcommittee decisions). 2022 Open Meetings Handbook• Office of the Attorney General 17 283 252 Governmental Bodies Attorney General Opinion GA-0957 recently concluded that if a quorum of a governmental body attends a meeting of a committee of the governmental body at which a deliberation as defined by the Act takes place,the committee meeting will constitute a meeting of the governmental body.133 Yet, in at least one statute, the Legislature has expressly provided that a committee of a board "where less than a quorum of any one board is present is not subject to the provisions of the open meetings law."134 E. Advisory Bodies An advisory committee that does not control or supervise public business or policy is not subject to the Act,135 even though its membership includes some members, but less than a quorum, of a governmental body.136 For example, the multidisciplinary team established to review offenders' records under the Commitment of Sexually Violent Predators Act was not subject to the Act.137 The team made an initial assessment of certain offenders to determine whether they should be subject to further evaluation for civil commitment. Subsequent assessments by other persons determined whether commitment proceedings should be filed. Thus, the team lacked ultimate supervision or control over public business or policy.138 However, if a governmental body that has established an advisory committee routinely adopts or "rubber stamps" the advisory committee's recommendations, the committee probably will be considered to be a governmental body subject to the Act.139 Thus, the fact that a committee is called an advisory committee does not necessarily mean it is excepted from the Act. The Legislature has adopted statutes providing that particular advisory committees are subject to the Act, including a board or commission established by a municipality to assist it in developing a zoning plan or zoning regulations,140 the nursing advisory committee established by the statewide health coordinating council,141 advisory committees for existing Boll Weevil Eradication zones appointed by the commissioner of the Official Cotton Growers' Boll Weevil Eradication Foundation,I42 and an education research center advisory board.I43 133 See Tex.Att'y Gen. Op.No.GA-0957(2012)at 2-3. 134 TEX.WATER CODE § 49.064 (applicable to general law water districts); see also Tarrant Reg'l Water Dist. v. Bennett,453 S.W.3d 51,58(Tex.App.—Fort Worth 2014,pet. denied)(discussing Water Code section 49.064 in relation to the Act and questioning previous attorney general opinions'conclusions that an advisory committee could be subject to the Act as a governmental body). 135 See Tex.Att'y Gen.Op.No.GA-0232(2004)at 3-5(concluding that student fee advisory committee established under Education Code section 54.5031 is not subject to the Act). 13' Tex.Att'y Gen.Op.Nos.JM-331 (1985)at 3(concluding that citizens advisory panel of Office of Public Utility Counsel,with no power to supervise or control public business, is not governmental body), H-994 (1977) at 3 (discussing fact question as to whether committee appointed to study process of choosing university president and make recommendations to Board of Regents is subject to the Act). 131 See Beasley,95 S.W.3d at 606. 138 Id. 131 Tex.Att'y Gen. Op.Nos.H-467(1974)at 3-4,H-438(1974)at 3. 140 TEX.Loc.Gov'T CODE§211.0075. 141 TEX.HEALTH&SAFETY CODE§ 104.0155(c). 142 TEX.AGRIC.CODE§ 74.1041(c). 143 TEX.EDUC.CODE§ 1.006(b). 2022 Open Meetings Handbook• Office of the Attorney General 18 284 253 Governmental Bodies F. Public and Private Entities That Are Not Governmental Bodies Nonprofit corporations established to carry out governmental business generally are not subject to the Act because they are not within the Act's definition of"governmental body."144 A nonprofit created under the Texas Nonprofit Corporation Act to provide services to a county's senior citizens was not a governmental body because it was not a governmental structure, and it had no power to supervise or control public business.145 However, the Act itself provides that certain nonprofit corporations are governmental bodies.146 Other statutes provide that specific kinds of nonprofit corporations are subject to the Act, such as development corporations created under the Development Corporation Act of 1979141 and the governing body of an open-enrollment charter school,which may be a private school or a nonprofit entity.148 If a nonprofit corporation provides in its articles of incorporation or bylaws that its board of directors will conduct meetings in accord with the Act, then the board must do so.149 A private entity does not become a governmental body within the Act merely because it receives public funds.150 A city chamber of commerce, a private entity, is not a governmental body within the Act although it receives public funds.151 G. Legislature There is very little authority on section 551.003. A 1974 attorney general letter advisory discussed its connection with Texas Constitution article III, section 11, which provides in part that "[e]ach House may determine the rules of its own proceedings."152 The letter advisory raised the possibility that the predecessor of section 551.003 is unconstitutional to the extent of conflict with Texas Constitution article III, section 11, stating that "neither House may infringe upon or limit the present or future right of the other to adopt its own rules."153 However, it did not address the constitutional issue, describing the predecessor to Government Code section 551.003 as an exercise of rulemaking power for the 1973-74 legislative sessions.154 The Texas Supreme Court addressed Government Code section 551.003 in a 2000 case challenging the Senate's election by secret ballot of a senator to perform the duties of lieutenant governor.155 Members of the media contended that the Act prohibited the Senate from voting by secret ballot.156 144 TEX. Gov'T CODE § 551.001(3). Cf. id. § 552.003(1)(A)(xi) (including certain nonprofit corporations in definition of"governmental body"for purposes of the Public Information Act). 145 Tex.Att'y Gen. Op.No.DM-7(1991)at 3. 146 TEX.Gov'T CODE§ 551.001(3)(J)—(K). 147 TEX.Loc.Gov'T CODE§ 501.072. 141 TEX.EDUC.CODE§ 12.1051. 14' Tex.Att'y Gen.LO-96-146,at 5. 15' Tex.Att'y Gen.LO-98-040,at 2. 151 Tex.Att'y Gen.LO-93-055,at 3. 152 See Tex.Att'y Gen.LA-84(1974)at 2. 153 Tex.Att'y Gen.LA-84(1974)at 2. 154 See id. 155 In re The Tex. Senate,36 S.W.3d 1 19(Tex. 2000). 156 See id. at 119. 2022 Open Meetings Handbook• Office of the Attorney General 19 285 254 Governmental Bodies The Supreme Court stated that section 551.003"clearly covers the Committee of the Whole Senate. Thus, its meetings and votes cannot be kept secret `except as specifically provided' by the Texas Constitution."15' The court then determined that Texas Constitution article III, section 41, which authorizes the Senate to elect its officers by secret ballot, provided an exception to section 551.003.151 More recently, the Attorney General recognized in Opinion KP-0347 that pursuant to article III, section 11, "House and Senate rules supersede any contradictory procedural requirements for the Legislature found in the Texas Open Meetings Act or other state law."159 157 Id. at 120. 158 See id. 151 See Tex.Att'y Gen. Op.No.KP-0347(2021)at 2;TEx.CONST. art.III, § 11. 2022 Open Meetings Handbook• Office of the Attorney General 20 286 255 Meetings VI. Meetings A. Definitions The Act applies to a governmental body, as defined by section 551.001(3), when it engages in a "regular, special, or called meeting."160 Informal meetings of a quorum of members of a governmental body are also subject to the Act.161 "Deliberation," a key term for understanding the Act, is defined as follows: "Deliberation" means a verbal or written exchange between a quorum of a governmental body, or between a quorum of a governmental body and another person, concerning an issue within the jurisdiction of the governmental body.162 "Deliberation" and "discussion" are synonymous for purposes of the Act.163 And since 2019, the definition of"deliberation"includes written materials.164 The Act includes two definitions of "meeting."165 Section 551.001(4)(A) uses the term "deliberation"to define "meeting": (A)a deliberation between a quorum of a governmental body, or between a quorum of a governmental body and another person, during which public business or public policy over which the governmental body has supervision or control is discussed or considered or during which the governmental body takes formal action . . . . 166 B. Deliberations Among a Quorum of a Governmental Body or Between a Quorum and a Third Party The following test has been applied to determine when a discussion among members of a statewide governmental entity is a"meeting" as defined by section 551.001(4)(A): (1) The body must be an entity within the executive or legislative department of the state. (2) The entity must be under the control of one or more elected or appointed members. 160 TEX.Gov'T CODE§ 551.002. 161 Acker v. Tex. Water Comm'n, 790 S.W.2d 299, 300 (Tex. 1990) (considering meeting in restroom of two members of three-person board);Bexar Medina Atascosa Water Dist. v. Bexar Medina Atascosa Landowners' Ass'n, 2 S.W.3d 459, 460-61 (Tex. App.—San Antonio 1999, pet. denied) (considering "informational gathering"of water district board with landowners in board member's barn). 162 TEX.Gov'T CODE§ 551.001(2). 16' Bexar Medina Atascosa Water Dist.,2 S.W.3d at 461. 164 See TEX.Gov'T CODE§ 551.001(2). 165 Tex.Att'y Gen. Op.Nos.GA-0896(2011)at 2,JC-0307 (2000)at 5,DM-95 (1992)at 5. 166 TEX.Gov'T CODE§ 551.001(4)(A). 2022 Open Meetings Handbook• Office of the Attorney General 21 287 256 Meetings (3) The meeting must involve formal action or deliberation between a quorum of members."' (4) The discussion or action must involve public business or public policy. (5) The entity must have supervision or control over that public business or policy.168 Statewide governmental bodies that have supervision or control over public business or policy are subject to the Act, and so are the local governmental bodies expressly named in the definition of "governmental body."169 In contrast, a group of public officers and employees in a county who met to share information about jail conditions did not supervise or control public business or public policy and thus was not subject to the Act.170 A purely advisory body,which has no authority over public business or policy, is not subject to the Act,171 unless a governmental body routinely adopts or"rubber stamps"the recommendations of the advisory body.172 See Part V.E. C. Gathering at Which a Quorum Receives Information from or Provides Information to a Third Party Section 551.001(4)(B) defines "meeting" as follows: (B) except as otherwise provided by this subdivision, a gathering: (i) that is conducted by the governmental body or for which the governmental body is responsible; (ii) at which a quorum of members of the governmental body is present; (iii) that has been called by the governmental body; and (iv) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the public business or public policy over which the governmental body has supervision or control. 167 Deliberation between a quorum and a third party now satisfies this part of the test. See id. § 551.001(2). 16a Gulf Reg'l Educ. Television Affiliates v. Univ. of Houston, 746 S.W.2d 803, 809 (Tex. App.—Houston [14th Dist.] 1988,writ denied)(citing Attorney General Opinion H-772(1976));see also Tex.Att'y Gen.Op.No.GA- 0232 (2004) at 3-5 (relying on quoted test to determine that student fee advisory committee established under Education Code section 54.5031 is not subject to the Act). 169 See TEx.GOv'T CODE§ 551.001(3). "' See Tex.Att'y Gen. Op.No.GA-0504(2007)at 3. 171 Tex.Att'y Gen.Op.Nos.H-994(1977)at 2(concluding that committee appointed to study process of choosing university president and to make recommendations to Board of Regents likely is not subject to the Act),H-772 (1976)at 6(concluding that meeting of group of employees,such as general faculty of university,is not subject to the Act), H-467 (1974) at 3 (concluding that city library board,which is advisory only, is not subject to the Act). 112 Tex.Att'y Gen. Op.Nos.H-467(1974)at 4,H-438(1974)at 3-4. 2022 Open Meetings Handbook• Office of the Attorney General 22 288 257 Meetings The term does not include the gathering of a quorum of a governmental body at a social function unrelated to the public business that is conducted by the body, or the attendance by a quorum of a governmental body at a regional, state, or national convention or workshop, ceremonial event, press conference, or the attendance by a quorum of a governmental body at a candidate forum, appearance, or debate to inform the electorate, if formal action is not taken and any discussion of public business is incidental to the social function, convention, workshop, ceremonial event,press conference, forum, appearance, or debate. The term includes a session of a governmental body.1 ' Section 551.001(4)(A) applies when a quorum of a governmental body engages in deliberations, either among the members of the quorum or between the quorum and a third party.174 Section 551.001(4)(B)reaches gatherings of a quorum of a governmental body even when the members of the quorum do not participate in deliberations among themselves or with third parties.175 Under the circumstances described by section 551.001(4)(B), the governmental body may be subject to the Act when it merely listens to a third party speak at a gathering the governmental body conducts or for which the governmental body is responsible.176 D. Informal or Social Meetings When a quorum of the members of a governmental body assembles in an informal setting, such as a social occasion,it will be subject to the requirements of the Act if the members engage in a verbal exchange about public business or policy. The Act's definition of a meeting expressly excludes gatherings of a "quorum of a governmental body at a social function unrelated to the public business that is conducted by the body."177 The definition also excludes from its reach the attendance by a quorum at certain other events such as a regional, state or national convention or workshop, ceremonial events, press conferences, and a candidate forum, appearance, or debate to inform the electorate.178 In both instances, there is no "meeting" under the Act "if formal action is not taken and any discussion of public business is incidental to the social function, convention, workshop, ceremonial event, or press conference."179 173 TEX.Gov'T CODE§ 551.001(4)(B). 174 Id. §551.001(4)(A).But see Tex.Att'y Gen.Op.No.GA-0989(2013)at 2(concluding that a private consultation between a member of a governmental body and an employee that does not take place within the hearing of a quorum of other members does not constitute a meeting under section 551.001(4)). 175 Cf. Tex.Att'y Gen. Op.Nos.JC-0248 (2000)at 2(concluding that quorum of state agency board may testify at public hearing conducted by another agency), JC-0203 (2000) at 4 (concluding that quorum of members of standing committee of hospital district may attend public speech and comment on matters of hospital district business within supervision of committee). 171 Tex.Att'y Gen.Op.No.JC-2000)at 3-4(discussing the Act's application when quorum of governmental body listens to members of the public in a session commonly known as a"public comment"session, "public forum" or"open mike"session). 177 TEX.Gov'T CODE§ 551.001(4)(B). 178 See id. 171 Id. (emphasis added). 2022 Open Meetings Handbook• Office of the Attorney General 23 289 258 Meetings E. Discussions Among a Quorum through a Series of Communications On occasion, a governmental body has tried to avoid complying with the Act by deliberating about public business without a quorum being physically present in one place and claiming that this was not a"meeting"within the Act.180 Conducting secret deliberations and voting over the telephone, when no statute authorized this, was one such method."' Section 551.143 as originally written prohibited machinations to avoid complying with the Act by criminalizing multiple meetings in numbers less than a quorum to "conspire to circumvent the Act." One example of such a so-called walking quorum was described by Esperanza Peace and Justice Center v City of San Antonio.182 Amended section 551.143 now prohibits discussion about an item of public business among a quorum of a governmental body through a series of communications. Section 551.143 provides that it is a criminal offense for a member of a governmental body to knowingly engage "in at least one communication among a series of communications that each occur outside of a meeting . . . and that concern an issue within the jurisdiction of the governmental body in which members engaging in the individual communications constitute fewer than a quorum of members but the members engaging in the series of communications constitute a quorum of the members."183 The member must know at the time he or she engaged in the communication that the series of communications"involved or would involve a quorum"and would"constitute a deliberation once a quorum of members engaged in the series of communications."1 84 Section 551.006 authorizes members of a governmental body to communicate through an online message board or similar Internet application.185 A governmental body utilizing an electronic message board may have only one such board and it can be used by only members of the governmental body and their authorized staff.186 The online message board must be prominently displayed on the governmental body's primary Internet web page and no more than one click away from that page.187 A governmental body that removes a communication from the online message board that has been posted for at least 30 days must maintain the posting for a period of six years, and the communication is public information under the Public Information Act.188 Most importantly, a governmental body may not vote or take any action by communication on an online message board.189 180 One court of appeals stated that"[o]ne board member asking another board member her opinion on a matter does not constitute a deliberation of public business." Foreman v. Whitty, 392 S.W.3d 265, 277 (Tex. App.—San Antonio 2012,no pet.). 181 See Hitt v.Mabry,687 S.W.2d 791,793,796(Tex.App.—San Antonio 1985,no writ). 182 Esperanza Peace&Just. Ctr. v. City of San Antonio,316 F. Supp.2d.433 (W.D.Tex.2001). 183 See TEx.Gov'T CODE§ 551.143(a),(a)(1). 184 Id. § 551.143(a)(2). 185 Id. § 551.006. 186 Id. § 551.006(b), (c) (providing that a posting by a staff member must include the staff member's name and title). 187 Id. § 551.006(b). 188 Id. § 551.006(d). 181 Id. § 551.006(e). 2022 Open Meetings Handbook• Office of the Attorney General 24 290 259 Meetings F. Meetings Using Telephone, Videoconference, and the Internet A governmental body may not conduct meetings subject to the Act by telephone or videoconference unless a statute expressly authorizes it to do so.190 1. Telephone Meetings The Act authorizes governmental bodies to conduct meetings by telephone conference call under limited circumstances and subject to procedures that may include special requirements for notice, record-keeping and two-way communication between meeting locations.191 A governmental body may hold an open or closed meeting by telephone conference call if- (1) an emergency or public necessity exists within the meaning of Section 551.045 of this chapter; and (2) the convening at one location of a quorum of the governmental body is difficult or impossible; or (3) the meeting is held by an advisory board.192 The emergency telephone meeting is subject to the notice requirements applicable to other meetings held under the Act. The open portions of the meeting are required to be audible to the public at the location specified in the notice and must be recorded. The provision also requires the location of the meeting to be set up to provide two-way communication during the entire conference call and the identity of each party to the conference call to be clearly stated prior to speaking.193 The Act authorizes the governing board of an institution of higher education,water districts whose territory includes land in three or more counties, the Board for Lease of University Lands, or the Texas Higher Education Coordinating Board to meet by telephone conference call if the meeting is a special called meeting,immediate action is required,and it is difficult or impossible to convene a quorum at one location.194 The Texas Board of Criminal Justice may hold an emergency meeting by telephone conference call,195 and, at the call of its presiding officer, the Board of Pardons and Paroles may hold a hearing on clemency matters by telephone conference call.196 The Act permits '90 See generally Hitt,687 S.W.2d at 796;Elizondo v. Williams,643 S.W.2d 765,766-67(Tex.App.—San Antonio 1982,no writ) (telephone meetings); Tex. Att'y Gen. Op.No. DM-207 (1993)at 3 (videoconference meeting). But see Harris Cnty.Emergency Serv.Dist.No. I v.Harris Cmy.Emergency Corps.,999 S.W.2d 163, 169(Tex. App.—Houston [14th Dist.] 1999, no pet.) (concluding that telephone discussion by fewer than a quorum of board members about placing items on the agenda,without evidence of intent,did not violate the Act. 191 TEX. GOv'T CODE §§ 551.121—.126, .129—.131 (authorizing meetings by telephone conference call under specified circumstances). 192 Id. § 551.125(b). See Tex. Att'y Gen. Op. No. GA-0379 (2005) at 2-3 (addressing Government Code section 551.125(b)(3)). 193 TEX.GOv'T CODE§ 551.125(b)—(f). '9a Id. § 551.121(c). 195 TEX.GOv'T CODE§ 551.123. 196 Id. § 551.124. 2022 Open Meetings Handbook• Office of the Attorney General 25 291 260 Meetings the board of trustees of the Teacher Retirement System to hold an open or closed meeting by telephone conference call if a quorum of the board is present at one location and other requirements of the Act are followed.197 Section 551.091 authorizes certain county commissioners courts to hold an "open or closed meeting, including a telephone conference call, solely to deliberate about disaster or emergency conditions and related public safety matters that require an immediate response without complying with the requirements"of chapter 551.198 The commissioners court must be in a county"for which the governor has issued an executive order or proclamation declaring a state of disaster or emergency" and "in which transportation to the meeting location is dangerous or difficult as a result of the disaster or emergency."199 Statutes other than the Act authorize some governing bodies to meet by telephone conference call under limited circumstances. For example, if the joint chairs of the Legislative Budget Board are physically present at a meeting, and the meeting is held in Austin, any number of the other board members may attend by use of telephone conference call, videoconference call, or other similar telecommunication device.200 A governmental body may consult with its attorney by telephone conference call,videoconference call or communications over the Internet, unless the attorney is an employee of the governmental body.201 If the governmental body deducts employment taxes from the attorney's compensation, the attorney is an employee of the governmental body.202 The restriction against remote communications with an employee attorney does not apply to the governing board of an institution of higher education or the Texas Higher Education Coordinating Board.203 2. Videoconference Call Meetings The Act also authorizes governmental bodies to conduct meetings by videoconference call and, unlike with telephone meetings, does not limit that authority to emergency circumstances.204 Section 551.127 authorizes a member or employee of a governmental body to participate remotely in a meeting of the governmental body through a videoconference call if there is live video and 197 Id. § 551.130. 198 Id. § 551.091(b). Section 551.091 expires on September 1,2027. See id. § 551.091(e). 199 Id. § 551.091(a). 200 TEx. Gov'T CODE § 322.003(d); see also TEx. AGRIC. CODE §§ 41.205(b) (Texas Grain Producer Indemnity Board), 62.0021(a) (State Seed and Plant Board); TEx. FiN. CODE § 11.106(c) (Finance Commission); TEx. Gov'T CODE §§ 501.139(b) (Correctional Managed Health Care Committee), 436.054 (Texas Military Preparedness Commission). 201 TEx.Gov'T CODE§ 551.129(a),(d). 202 Id. § 551.129(e). 203 Id. § 551.129(fl. 204 Id. § 551.127. 2022 Open Meetings Handbook• Office of the Attorney General 26 292 261 Meetings audio feed of the remote participant that is broadcast live at the meeting and the feed complies with the other provisions of section 551.127.201 As a preliminary matter, a meeting held by videoconference call must meet the regular notice requirements of the Act.206 In addition, section 551.127 authorizes two logistical scenarios depending on the territorial jurisdiction of the governmental body and requires that the notice specify a particular location of the meeting and who will be physically present there, as follows: A state governmental body or a governmental body that extends into three or more counties may meet by videoconference call only if the member of the governmental body presiding over the meeting is physically present at one location of the meeting.207 The notice must specify that location,which must be open to the public during the open portions of the meeting, as well as state the intent to have the member of the governmental body presiding over the meeting present there.208 For all other governmental bodies, the Act authorizes a meeting by videoconference call only if a full quorum of the governmental body is physically present at one location of the meeting.209 In that instance, the notice must specify that location, as well as the intent to have a quorum present there.2lo The location where the presiding member is physically present must be open to the public during the open portions of the meeting.21 Beyond notice and location,the Act specifies certain technical requirements. The meeting location where the quorum or presiding member is present as well as each remote location from which a member participates"shall have two-way audio and video communication with each other location during the entire meeting. ,212 The Act requires that, while speaking, each participant's face must be clearly visible and the voice audible to each other participant and to the members of the public in attendance at the location where the quorum or presiding member is present and any other location of the meeting that is open to the public.213 The Act additionally requires that each open portion of the meeting is to be visible and audible to the public at the meeting location where the 205 Id. § 551.127(a-1);see id. § 551.127(a)("[T]his chapter does not prohibit a governmental body from holding an open or closed meeting by videoconference call."). Subsection 81.001(b)of the Local Government Code,which provides that the county judge, if present, is the presiding officer of the county commissioners court, does not apply to a meeting held by videoconference. See TEx.Loc.Gov'T CODE§ 81.001(b). The subsection ensures that a county judge may remotely participate in a videoconference meeting while another member of the commissioners court presides over the meeting at the physical location accessible to the public. 206 TEX.GOv'T CODE§ 551.127(d). 207 Id. § 551.127(c). 201 Id. § 551.127(e). 209 Id. § 551.127(b). 211 Id. § 551.127(e). 211 Id. 212 Id. § 551.127(h). "The audio and video signals perceptible by members of the public at each location of the meeting described by Subsection(h)must be of sufficient quality so that members of the public at each location can observe the demeanor and hear the voice of each participant in the open portion of the meeting." Id. § 551.1270). 213 Id. § 551.127(h). 2022 Open Meetings Handbook• Office of the Attorney General 27 293 262 Meetings quorum or presiding member is present and that at any time that the meeting is no longer visible and audible to the public, the meeting must be recessed until the problem is resolved.214 The meeting must be adjourned if the problem is not resolved in six hours.215 The Act tasks the Department of Information Resources to specify minimum standards for the audio and video signals required at a videoconference meeting and the quality of the signals at each location of the meeting must meet or exceed those standards.216 Generally speaking, a remote participant "shall be counted as present at the meeting for all purposes. ,217 However,if the audio or video communication is lost for any portion of the meeting, the remote participant is considered absent during that time.218 Should this occur, the governmental body may continue the meeting only as follows: (1) If the meeting is being held by a statewide body or one that extends into three or more counties, there must continue to be a quorum participating in the meeting. (2) If the meeting is held by another governmental body, a full quorum must remain physically present at the meeting location.219 Section 551.127 also requires the governmental body to "make at least an audio recording of the meeting" and to make the recording available to the public.220 And section 551.127 expressly permits a governmental body to allow a member of the public to testify at a meeting from a remote location by videoconference call.221 Relating to certain special districts subject to specific chapters of the Water Code and with a population of 500 or more, subsection 551.1283(e) provides that "[n]othing in this chapter shall prohibit a district from allowing a person to watch or listen to a board meeting by video or telephone conference call."222 3. Meetings Broadcast over the Internet Section 551.128 of the Act provides that with certain exceptions a governmental body has discretion to broadcast an open meeting over the Internet and sets out the requirements for a broadcast.223 The exceptions referred to in section 551.128(b-1) make the broadcast of open meetings over the Internet mandatory for a transit authority or department, an elected school district board of trustees for a school district with a student enrollment of 10,000 or more, an elected governing body of a home-rule municipality that has a population of 50,000 or more, and a county commissioners court in a county with a population of 125,000 or more.224 214 See id. § 551.127(f). 215 Id. 216 Id. § 551.127(i);see 1 TEx.ADmiN.CODE§§ 209.1—.33(Tex.Dept.of Info.Res.,Minimum Standards for Meetings Held by Videoconference). The Department of Information Resources has published guidelines at https://pubext.dir.texas.gov/portal/internal/resources/DocumentLibraryNideoconferencing%20Guidelines.pdf. 217 See TEx.GOv'T CODE§ 551.127(a-2). 211 See id. § 551.127(a-3). 219 See id. 221 Id. § 551.127(g). 221 See id. § 551.127(k). 222 See id. § 551.1283(e). 223 Id. § 551.128(b). 224 Id. § 551.128(b-1). 2022 Open Meetings Handbook• Office of the Attorney General 28 294 263 Meetings A governmental body required to broadcast its open meetings over the Internet under section 551.128(b-1) must make a video and audio recording of"each regularly scheduled open meeting that is not a work session or a special called meeting" and must make the recording available not later than seven days after the date of the meeting.225 And the governmental body must maintain an archived recording of the meeting on the Internet "for not less than two years after the date the recording was first made available."226 Subsection 551.128(b-1)further requires an elected school district board of trustees of a school district with an enrollment of 10,000 or more to make an audio or video recording of any work session or special called meeting at which the board of trustees "votes on any matter or allows public comment or testimony."227 Subsection 551.128(b-2) provides that a governmental body is not required to establish a separate Internet site but may make the archived recording available"on an existing Internet site,including a publicly accessible video- sharing or social networking site. ,228 Similarly, section 472.036 of the Transportation Code requires a metropolitan planning organization that serves one or more counties with a population of 350,000 to broadcast over the Internet each open meeting held by the policy board of the metropolitan planning organization.229 Certain junior college districts and general academic teaching institutions are required under sections 551.1281 and 551.1282 to broadcast their open meetings in the manner provided by section 551.128.230 An Internet broadcast does not substitute for conducting an in-person meeting but provides an additional way of disseminating the meeting. Outside of the Act, certain entities may have specific provisions imposing broadcasting requirements.231 225 Id. § 551.128(b-1)(1),(b-4)(1). 226 Id. §551.128(b-4)(2). 227 See id. § 551.128(b-1)(B). 221 See id. § 551.128(b-2). 229 See TEx.TRANsp.CODE§472.036. 230 See TEx.GOv'T CODE§§ 551.1281—.1282. 231 See id. § 531.0165 (imposing broadcasting and recording requirements on the Health and Human Services Commission and related entities). 2022 Open Meetings Handbook• Office of the Attorney General 29 295 264 Notice Requirements VII. Notice Requirements A. Content The Act requires written notice of all meetings. Section 551.041 of the Act provides: A governmental body shall give written notice of the date, hour, place, and subject of each meeting held by the governmental body.212 A governmental body must give the public advance notice of the subjects it will consider in an open meeting or a closed executive session.233 The Act does not require the notice of a closed meeting to cite the section or subsection numbers of provisions authorizing the closed meeting.234 No judicial decision or attorney general opinion states that a governmental body must indicate in the notice whether a subject will be discussed in open or closed session,235 but some governmental bodies do include this information. If the notices posted for a governmental body's meetings consistently distinguish between subjects for public deliberation and subjects for executive session deliberation, an abrupt departure from this practice may raise a question as to the adequacy of the notice.236 Governmental actions taken in violation of the notice requirements of the Act are voidable.231 If some actions taken at a meeting do not violate the notice requirements while others do, only the actions in violation of the Act are voidable.238 (For a discussion of the voidability of the governmental body's actions, refer to Part XI.C. of this Handbook). B. Sufficiency The notice must be sufficient to apprise the general public of the subjects to be considered during the meeting. In City of San Antonio a Fourth Court of Appeals,239 the Texas Supreme Court considered whether the following item in the notice posted for a city council meeting gave sufficient notice of the subject to be discussed: 232 Id. § 551.041. 233 Cox Enters., Inc. v. Bd. of Trs., 706 S.W.2d 956, 958 (Tex. 1986);Porth v. Morgan, 622 S.W.2d 470,475-76 (Tex. App.—Tyler 1981, writ ref d n.r.e.); but see TEx. GOVT CODE § 551.091(b), (c) (authorizing county commissioners court in limited circumstances involving a governor-declared disaster or emergency to hold a meeting"without complying with the requirements"of chapter 551 but requiring such county to post"reasonable public notice"to the"extent practicable under the circumstances."). 231 See Rettberg v. Tex. Dep't of Health, 873 S.W.2d 408,411-12 (Tex. App.—Austin 1994,no writ); Tex. Att'y Gen.Op.No.GA-0511 (2007)at 4. 235 Tex.Att'y Gen. Op.No.JC-0057(1999)at 5;Tex.Att'y Gen.LO-90-27,at 1. 2" Tex. Att'y Gen. Op.No. JC-0057(1999)at 5;see also Mares v. Tex. Webb Cnty.,No. 5:18-CV-121,2020 WL 619902 at*4-5 (S.D. Tex.Feb. 10,2020) (discussing a county's retreat from its custom of providing adequate notice). 237 TEx.Gov'T CODE§ 551.141. 231 Point Isabel Indep. Sch. Dist. v. Hinojosa, 797 S.W.2d 176, 182-83 (Tex. App.—Corpus Christi 1990, writ denied). 239 City of San Antonio v.Fourth Court of Appeals,820 S.W.2d 762(Tex. 1991). 2022 Open Meetings Handbook• Office of the Attorney General 30 296 265 Notice Requirements An Ordinance determining the necessity for and authorizing the condemnation of certain property in County Blocks 4180, 4181, 4188, and 4297 in Southwest Bexar County for the construction of the Applewhite Water Supply Project.240 A property owner argued that this notice item violated the subject requirement of the statutory predecessor to section 551.041 because it did "not describe the condemnation ordinance, and in particular the land to be condemned by that ordinance, in sufficient detail" to notify an owner reading the description that the city was considering condemning the owner's land.241 The Texas Supreme Court rejected the argument that the notice be sufficiently detailed to notify specific owners that their tracts might be condemned. The Court explained that the "Open Meetings Act is not a legislative scheme for service of process;it has no due process implications."242 Its purpose was to provide public access to and increase public knowledge of the governmental decision- making process.243 The Court held that the condemnation notice complied with the Act because the notice apprised the public at large in general terms that the city would consider the condemnation of certain property in a specific area for purposes of the Applewhite project. The Court also noted that the description would notify a landowner of property in the four listed blocks that the property might be condemned, even though it was insufficient to notify an owner that his or her tracts in particular were proposed for condemnation.244 In City of San Antonio a Fourth Court of Appeals, the Texas Supreme Court reviewed its earlier decisions on notice.245 In Texas Turnpike Authority a City of Fort Worth,246 the Court had addressed the sufficiency of the following notice for a meeting at which the turnpike authority board adopted a resolution approving the expansion of a turnpike: "Consider request . . . to determine feasibility of a bond issue to expand and enlarge [the turnpike]."247 Prior resolutions of the board had reflected the board's intent to make the turnpike a free road once existing bonds were paid. The Court found the notice sufficient, refuting the arguments that the notice should have included a copy of the proposed resolution, that the notice should have indicated the board's proposed action was at variance with its prior intent, or that the notice should have stated all the consequences that might result from the proposed action.248 241 Id. at 764. 241 Id. 242 Id. at 765 (quoting Acker v. Tex. Water Comm'n, 790 S.W.2d 299,300(Tex. 1990));see Rettberg, 873 S.W.2d at 413(holding that the Act does not entitle the executive secretary of a state agency to special notice of a meeting where his employment was terminated); Stockdale v. Meno, 867 S.W.2d 123, 125 (Tex. App.—Austin 1993, writ denied)(holding that Act does not entitle a teacher whose contract was terminated to more specific notice than notice that would inform the public at large). 243 Fourth Court of Appeals, 820 S.W.2d at 765. 244 Id. at 765-66. 245 Id. at 765. 246 Tex. Tpk.Auth. v. City of Fort Worth,554 S.W.2d 675(Tex. 1977). 247 Id. at 676. 241 Id.; see also Charlie Thomas Ford, Inc., v. A.C. Collins Ford, Inc., 912 S.W.2d 271, 274 (Tex. App.—Austin 1995, writ dism'd) (holding that notice stating "Proposals for Decision and Other Actions—License and Other Cases" was sufficient to apprise the public that Motor Vehicle Commission would consider proposals for decision in dealer-licensing cases); Washington v. Burley, 930 F. Supp. 2d 790, 807 (S.D. Tex. 2013) 2022 Open Meetings Handbook• Office of the Attorney General 31 297 266 Notice Requirements In Lower Colorado River Authority a City of San Marcos,249 the Texas Supreme Court found sufficient a Lower Colorado River Authority Board notice providing "ratification of the prior action of the Board taken on October 19, 1972, in response to changes in electric power rates for electric power sold within the boundaries of the City of San Marcos, Texas."250 "Although conceding that the notice was `not as clear as it might be,"' the Court held that it complied with the Act "because `it would alert a reader to the fact that some action would be considered with respect to charges for electric power sold in San Marcos.`251 The Texas Supreme Court noted that in Cox Enterprises, Inc. v Board of Trustees252 "we finally held a notice inadequate."253 In the Cox Enterprises case,the Court held insufficient the notice of a school board's executive session that listed only general topics such as "litigation" and "personnel."254 One of the items considered at the closed session was the appointment of a new school superintendent. The Court noted that the selection of a new superintendent was not in the same category as ordinary personnel matters,because it is a matter of special interest to the public; thus,the use of the term"personnel"was not sufficient to apprise the general public of the board's proposed selection of a new superintendent. The Court also noted that "litigation" would not sufficiently describe a major desegregation suit that had occupied the district's time for a number of years.211 (determining that notice indicating that school board would "[c]onsider recommendation to propose the termination of the. . . employment of the. . . Chief of Police"was sufficient to inform the public that the board would actually be terminating police chief s employment and that"the notice need not state all of the possible consequences resulting from consideration of the topic"); City of San Angelo v. Tex. Nat. Res. Conservation Comm'n,92 S.W.3d 624, 630(Tex.App.—Austin 2002,no pet.) (recognizing that"consideration"necessarily encompasses action and stating that the word"consideration alone was sufficient to put the general public on notice that the Commission might act during the meeting"). But see Save Our Springs All., Inc. v. City of Dripping Springs,304 S.W.3d 871,890(Tex.App.—Austin 2010,pet.denied)(considering sufficiency of notice about development agreements and recognizing that a notice listing all possible consequences could overwhelm, rather than inform,the reader). 24' Lower Colo.River Auth. v. City of San Marcos,523 S.W.2d 641 (Tex. 1975). 250 Id. at 646. 25i Fourth Court of Appeals, 820 S.W.2d at 765 (quoting Lower Colo. RiverAuth.,523 S.W.2d at 646). 252 Cox Enters.Inc. v. Bd. of Trs.,706 S.W.2d 956(Tex. 1986). 253 Fourth Court of Appeals,820 S.W.2d at 765(describing its opinion in Cox Enterprises);see also Lugo v.Donna Indep. Sch. Dist. Bd. of Trs., 557 S.W.3d 93, 98 (Tex. App.—Corpus Christi 2017, no pet.) (holding that an agenda item notifying the public that the board would discuss a special election to fill board vacancies by a special election did not give notice that the board would appoint replacement trustees to the board vacancies). 254 Cox Enters.Inc.,706 S.W.2d at 959. 255 Id.; see also Mayes v. City of De Leon, 922 S.W.2d 200, 203 (Tex. App.—Eastland 1996, writ denied) (determining that"personnel"was not sufficient notice of termination of police chief);Stockdale,867 S.W.2d at 124-25 (holding that "discussion of personnel" and "proposed nonrenewal of teaching contract" provided sufficient notice of nonrenewal of band director's contract); Lone Star Greyhound Park, Inc. v. Tex. Racing Comm'n, 863 S.W.2d 742,747(Tex.App.—Austin 1993,writ denied)(indicating that notice need not list"the particulars of litigation discussions,"which would defeat purpose of statutory predecessor to section 551.071 of the Government Code); Point Isabel Indep. Sch. Dist., 797 S.W.2d at 182 (holding that "employment of personnel"is insufficient to describe hiring of principals,but is sufficient for hiring school librarian,part-time counselor,band director, or school teacher); Tex.Att'y Gen. Op.No.H-1045 (1977)at 5 (holding"discussion of personnel changes"insufficient to describe selection of university system chancellor or university president). 2022 Open Meetings Handbook• Office of the Attorney General 32 298 267 Notice Requirements "If the facts as to the content of a notice are undisputed, the adequacy of the notice is a question of law. ,256 The courts examine the facts to determine whether a particular subject or personnel matter is sufficiently described or requires more specific treatment because it is of special interest to the community.251 Consequently, counsel for the governing body should be consulted if any doubt exists concerning the specificity of notice required for a particular matter. In City of Donna a Ramirez, a court of appeals considered a meeting notice indicating a cancelled meeting.258 The meeting notice of the Donna city council posted outside city hall had the word "cancelled" written on it, but the notices posted online and inside the city hall did not.259 The meeting occurred and the notice was challenged.260 The court held the notice violated section 551.041's requirement that a governmental body give written notice of the date, hour, place, and subject of each meeting and section 551.043's requirement that the notice be posted at least 72 hours before the meeting. C. Generalized Terms Generalized terms such as "old business," "new business," "regular or routine business," and "other business" are not proper terms to give notice of a meeting because they do not inform the public of its subject matter.261 The term"public comment,"however,provides sufficient notice of a"public comment" session, where the general public addresses the governmental body about its concerns and the governmental body does not comment or deliberate, except as authorized by section 551.042 of the Government Code.262 "Public comment" will not provide adequate notice if the governmental body is,prior to the meeting, aware, or reasonably should have been aware, of specific topics to be raised.263 When a governmental body is responsible for a presentation, it an easily give notice of its subject matter, but it usually cannot predict the subject matter of public comment sessions.264 Thus, a meeting notice stating "Presentation by [County] Commissioner" did not provide adequate notice of the presentation, which covered the commissioner's views on development and substantive policy issues of importance to the county.265 The term"presentation" was vague; moreover, it was noticed for the "Proclamations & Presentations" portion of the meeting, which otherwise consisted of formalities.266 256 Burks v. Yarbrough, 157 S.W.3d 876,883 (Tex.App.—Houston[14th Dist.]2005,no pet.);see also Friends of Canyon Lake,Inc.v. Guadalupe-Blanco RiverAuth.,96 S.W.3d 519,529(Tex.App.—Austin 2002,pet.denied). 257 River Rd. Neighborhood Assn v. S. Tex. Sports, 720 S.W.2d 551, 557 (Tex. App.—San Antonio 1986, writ dism'd) (concluding that notice stating only "discussion" is insufficient to indicate board action is intended, given prior history of stating"discussion/action"in agenda when action is intended). 251 City of Donna v.Ramirez,548 S.W.3d 26,35-36(Tex.App.—Corpus Christi 2017,pet.denied) 259 See id. at 33. 260 See id. 26' Tex.Att'y Gen. Op.No.H-662(1975)at 3. 262 Tex. Att'y Gen. Op. No. JC-0169 (2000) at 4; see TEx. Gov'T CODE§ 551.042 (providing that governmental body may respond to inquiry about subject not on posted notice by stating factual information,reciting existing policy or placing subject of inquiry on agenda of future meeting). 263 Tex.Att'y Gen. Op.No.JC-0169(2000)at 4. 264 Id. 265 Hays Cnty. Water Plan.P'ship v.Hays Cmy.,41 S.W.3d 174, 180(Tex.App.—Austin 2001,pet. denied). 266 Id. at 180(citing Tex.Att'y Gen.Op.No.JC-0169(2000)). 2022 Open Meetings Handbook• Office of the Attorney General 33 299 268 Notice Requirements Attorney General Opinion GA-0668 (2008) had previously determined that notice such as "City Manager's Report"was not adequate notice for items similar to those included in section 551.0415 and that the subject of a report by a member of the city staff or governing body must be included in the notice in a manner that informs a reader about the subjects to be addressed. Section 551.0415, modifying Attorney General Opinion GA-0668, authorizes a quorum of the governing body of a municipality or county to receive reports about items of community interest during a meeting without having given notice of the subject of the report if no action is taken.267 Section 551.0415 defines an "item of community interest"to include: (1) expressions of thanks, congratulations, or condolence; (2) information regarding holiday schedules; (3) an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in status of a person's public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; (4) a reminder about an upcoming event organized or sponsored by the governing body; (5) information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the political subdivision; and (6) announcements involving an imminent threat to the public health and safety of people in the political subdivision that has arisen after the posting of the agenda.268 D. Time of Posting Notice must be posted for a minimum length of time before each meeting. Section 551.043(a) states the general time requirement as follows: The notice of a meeting of a governmental body must be posted in a place readily accessible to the general public at all times for at least 72 hours before the scheduled time of the meeting, except as provided by Sections 551.044-551.046.269 Section 551.043(b) relates to posting notice on the Internet. Where the Act allows or requires a governmental body to post notice on the Internet, the following provisions apply to the posting: 267 TEx.Gov'T CODE§ 551.0415(a). 268 Id. § 551.0415(b). 269 Id. § 551.043(a). 2022 Open Meetings Handbook• Office of the Attorney General 34 300 269 Notice Requirements (1) the governmental body satisfies the requirement that the notice be posted in a place readily accessible to the general public at all times by making a good- faith attempt to continuously post the notice on the Internet during the prescribed period; (2) the governmental body must still comply with any duty imposed by this chapter to physically post the notice at a particular location; and (3) if the governmental body makes a good-faith attempt to continuously post the notice on the Internet during the prescribed period, the notice physically posted at the location prescribed by this chapter must be readily accessible to the general public during normal business hours.270 Section 551.044, which excepts from the general rule governmental bodies with statewide jurisdiction,provides as follows: (a) The secretary of state must post notice on the Internet of a meeting of a state board, commission, department, or officer having statewide jurisdiction for at least seven days before the day of the meeting. The secretary of state shall provide during regular office hours a computer terminal at a place convenient to the public in the office of the secretary of state that members of the public may use to view notices of meetings posted by the secretary of state. (b) Subsection(a) does not apply to: (1) the Texas Department of Insurance, as regards proceedings and activities under Title 5, Labor Code, of the department, the commissioner of insurance, or the commissioner of workers' compensation; or (2) the governing board of an institution of higher education.271 Section 551.046 excepts a committee of the legislature from the general rule: The notice of a legislative committee meeting shall be as provided by the rules of the house of representatives or of the senate.272 The interplay between the 72-hour rule applicable to local governmental bodies and the requirement that the posting be in a place convenient to the general public in a particular location, such as the city hall or the county courthouse, at one time created legal and practical difficulties for local entities, because the required locations are not usually accessible during the night or on weekends. Section 551.043(b) solves this problem in part, providing that "if the governmental body makes a good faith attempt to continuously post the notice on the Internet during the 270 Id. § 551.043(b). 271 Id. § 551.044. 272 Id. § 551.046. 2022 Open Meetings Handbook• Office of the Attorney General 35 301 270 Notice Requirements prescribed period, the notice physically posted at the location prescribed by this chapter must be readily accessible to the general public during normal business hours."273 The Texas Supreme Court had previously addressed this matter in City of San Antonio a Fourth Court ofAppeals.274 The city had posted notice of its February 15, 1990,meeting in two different locations. One notice was posted on a bulletin board inside the city hall, and the other notice was posted on a kiosk outside the main entrance to the city hall. This was done because the city hall was locked at night, thereby preventing continuous access during the 72-hour period to the notice posted inside. The court held that the double posting satisfied the requirements of the statutory predecessors to sections 551.043 and 551.050.275 State agencies have generally had little difficulty providing seven days' notice of their meetings, but difficulties have arisen when a quorum of a state agency's governing body wished to meet with a legislative committee.276 If one or more of the state agency board members were to testify or answer questions,the agency itself would have held a meeting subject to the notice,record-keeping and openness requirements of the Act.27 Legislative committees, however, post notices "as provided by the rules of the house of representatives or of the senate,"278 and these generally require shorter time periods than the seven-day notice required for state agencies.279 Thus, a state agency could find it impossible to give seven days'notice of a quorum's attendance at a legislative hearing concerning its legislation or budget. The Legislature dealt with this difference in notice requirements by adopting section 551.0035 of the Government Code, which provides as follows: (a) This section applies only to the attendance by a quorum of a governmental body at a meeting of a committee or agency of the legislature. This section does not apply to attendance at the meeting by members of the legislative committee or agency holding the meeting. (b) The attendance by a quorum of a governmental body at a meeting of a committee or agency of the legislature is not considered to be a meeting of that governmental body if the deliberations at the meeting by the members of that governmental body consist only of publicly testifying at the meeting, publicly commenting at the meeting, and publicly responding at the meeting to a question asked by a member of the legislative committee or agency.280 273 Id. § 551.043(b)(3)(emphasis added). 274 City of San Antonio v.Fourth Court of Appeals,820 S.W.2d 762(Tex. 1991). 275 Id. at 768. 271 Tex.Att'y Gen. Op.No.JC-0308(2000)at 2. 277 Id. at 2;see also Tex.Att'y Gen. Op.No.JC-0248(2000)at 2. 278 TEX.GOv'T CODE§ 551.046. 271 Tex.Att'y Gen. Op.No.JC-0308(2000)at 2. 280 TEX.Gov'T CODE§ 551.0035. 2022 Open Meetings Handbook• Office of the Attorney General 36 302 271 Notice Requirements E. Place of Posting The Act expressly states where notice shall be posted. The posting requirements vary depending on the governing body posting the notice.281 Sections 551.048 through 551.056 address the posting requirements of state entities, cities and counties, school districts, and other districts and political subdivisions. These provisions are quite detailed and, therefore, are set out here in full: § 551.048. State Governmental Body: Notice to Secretary of State; Place of Posting Notice (a) A state governmental body shall provide notice of each meeting to the secretary of state.282 (b) The secretary of state shall post the notice on the Internet. The secretary of state shall provide during regular office hours a computer terminal at a place convenient to the public in the office of the secretary of state that members of the public may use to view the notice. § 551.049. County Governmental Body: Place of Posting Notice A county governmental body shall post notice of each meeting on a bulletin board at a place convenient to the public in the county courthouse. § 551.050. Municipal Governmental Body: Place of Posting Notice (a) In this section, "electronic bulletin board"means an electronic communication system that includes a perpetually illuminated screen on which the governmental body can post messages or notices viewable without manipulation by the public. (b) A municipal governmental body shall post notice of each meeting on a physical or electronic bulletin board at a place convenient to the public in the city hall. § 551.0501. Joint Board: Place of Posting Notice (a) In this section, "electronic bulletin board" means an electronic communication system that includes a perpetually illuminated screen on which the governmental body can post messages or notices viewable without manipulation by the public. 281 The Amarillo Court of Appeals recently rejected a challenge to the sufficiency of a notice that identified the building of the meeting"without identifying the meeting room,full street address, or name of the city." Terrell v.Pampa Indep. Sch.Dist.,572 S.W.3d 294,299(Tex.App.—Amarillo 2019,pet.denied). 282 Notices of open meetings filed in the office of the secretary of state as provided by law are published in the Texas Register. TEx.Gov'T CODE§2002.011(3);see 1 TEx.ADMIN.CODE§ 91.21 (Tex. Sec'y of State,How to File an Open Meeting Notice). 2022 Open Meetings Handbook• Office of the Attorney General 37 303 272 Notice Requirements (b) A joint board created under Section 22.074, Transportation Code, shall post notice of each meeting on a physical or electronic bulletin board at a place convenient to the public in the board's administrative offices. § 551.051. School District: Place of Posting Notice A school district shall post notice of each meeting on a bulletin board at a place convenient to the public in the central administrative office of the district. § 551.052. School District: Special Notice to News Media (a) A school district shall provide special notice of each meeting to any news media that has; (1) requested special notice; and (2) agreed to reimburse the district for the cost of providing the special notice. (b) The notice shall be by telephone, facsimile transmission, or electronic mail. § 551.053.District or Political Subdivision Extending Into Four or More Counties: Notice to Public, Secretary of State, and County Clerk; Place of Posting Notice (a) The governing body of a water district or other district or political subdivision that extends into four or more counties shall: (1) post notice of each meeting at a place convenient to the public in the administrative office of the district or political subdivision; (2) provide notice of each meeting to the secretary of state; and (3) either provide notice of each meeting to the county clerk of the county in which the administrative office of the district or political subdivision is located or post notice of each meeting on the district's or political subdivision's Internet website. (b) The secretary of state shall post the notice provided under Subsection(a)(2) on the Internet. The secretary of state shall provide during regular office hours a computer terminal at a place convenient to the public in the office of the secretary of state that members of the public may use to view the notice. (c) A county clerk shall post a notice provided to the clerk under Subsection(a)(3) on a bulletin board at a place convenient to the public in the county courthouse. 2022 Open Meetings Handbook• Office of the Attorney General 38 304 273 Notice Requirements §551.054.District or Political Subdivision Extending Into Fewer Than Four Counties:Notice to Public and County Clerks; Place of Posting Notice (a) The governing body of a water district or other district or political subdivision that extends into fewer than four counties shall: (1) post notice of each meeting at a place convenient to the public in the administrative office of the district or political subdivision; and (2) either provide notice of each meeting to the county clerk of each county in which the district or political subdivision is located or post notice of each meeting on the district's or political subdivision's Internet website. (b) A county clerk shall post a notice provided to the clerk under Subsection(a)(2) on a bulletin board at a place convenient to the public in the county courthouse. § 551.055. Institution of Higher Education In addition to providing any other notice required by this subchapter, the governing board of a single institution of higher education: (1) shall post notice of each meeting at the county courthouse of the county in which the meeting will be held; (2) shall publish notice of a meeting in a student newspaper of the institution if an issue of the newspaper is published between the time of the posting and the time of the meeting; and (3) may post notice of a meeting at another place convenient to the public. Posting notice is mandatory,and actions taken at a meeting for which notice was posted incorrectly will be voidable.283 In Sierra Club a Austin Transportation Study Policy Advisory Committee,the court held that the committee was a special district covering four or more counties for purposes of the Act and, as such,was required to submit notice to the secretary of state pursuant to the statutory predecessor to section 551.053.284 Thus, a governmental body that does not clearly fall within one of the categories covered by sections 551.048 through 551.056 should consider satisfying all potentially applicable posting requirements.285 283 TEx.Gov'T CODE§ 551.141;see Smith Cnty. v. Thornton,726 S.W.2d 2,3 (Tex. 1986). 284 Sierra Club v. Austin Transp. Pol'y Advisory Comm., 746 S.W.2d 298, 301 (Tex. App.—Austin 1988, writ denied). 285 See Tex.Att'y Gen.Op.No.JM-120(1983)at 3 (concluding that industrial development corporation must post notice in the same manner and location as political subdivision on whose behalf it was created). 2022 Open Meetings Handbook• Office of the Attorney General 39 305 274 Notice Requirements § 551.056. Additional Posting Requirements for Certain Municipalities, Counties, School Districts,Junior College Districts,Development Corporations,Authorities,and Joint Boards Section 551.056 requires certain governmental bodies and economic development corporations to post notice on their Internet websites, in addition to other postings required by the Act. This provision applies to the following entities, if the entity maintains an Internet website or has a website maintained for it: (1) a municipality; (2) a county; (3) a school district; (4) the governing body of a junior college or junior college district, including a college or district that has changed its name in accordance with Chapter 130, Education Code; (5) a development corporation organized under the Development Corporation Act (Subtitle C1, Title 12, Local Government Code); (6) a regional mobility authority included within the meaning of an "authority" as defined by Section 370.003, Transportation Code; and (7) a joint board created under Section 22.074, Transportation Code.286 If a covered municipality's population is 48,000 or more and a county's population is 65,000 or more, it must also post the agenda for the meeting on its website.287 Section 551.056 also provides that the validity of a posted notice made in good faith to comply with the Act is not affected by a failure to comply with its requirements due to a technical problem beyond the control of the entity.288 F. Internet Posting of Notice and Meeting Materials Provisions in the Act specific to general academic teaching institutions and certain junior college districts require such institutions to post specified meeting materials to their Internet website. If applicable, section 551.1281 and section 551.1282 require the Internet posting "as early as practicable in advance of the meeting" of"any written agenda and related supplemental written 216 TEx.GOv'T CODE§ 551.056(b). 287 See id. § 551.056(c)(1)—(2);see also id. § 551.056(c)(3)—(6) (providing that certain other covered entities must post agenda on Internet). 281 Id. § 551.056(d);see also Argyle Indep. Sch. Dist. v. Wolf, 234 S.W.3d 229, 248-49 (Tex. App.—Fort Worth 2007,no pet.)(determining that there was no evidence of bad faith on part of the school district). Cf. Terrell v. Pampa Indep.Sch.Dist.,345 S.W.3d 641,644(Tex.App.—Amarillo 2011,pet.denied)(finding a material issue in summary judgment proceedings about whether ISD"actually attempted to post the notices and,therefore,met the good faith exception to the requirement to concurrently post notices"). 2022 Open Meetings Handbook• Office of the Attorney General 40 306 275 Notice Requirements materials"that are provided to the governing board members for their use in the meeting.289 This posting requirement excludes any written materials "that the general counsel or other appropriate attorney" for the particular governmental body certifies are confidential.290 G. Emergency Meetings: Providing and Supplementing Notice Special rules allow for posting notice of emergency meetings and for supplementing a posted notice with emergency items. These rules affect the timing and content of the notice but not its physical location. Section 551.045 provides: (a) In an emergency or when there is an urgent public necessity, the notice of a meeting to deliberate or take action on the emergency or urgent public necessity, or the supplemental notice to add the deliberation or taking of action on the emergency or urgent public necessity as an item to the agenda for a meeting for which notice has been posted in accordance with this subchapter, is sufficient if the notice or supplemental notice is posted for at least one hour before the meeting is convened. (a-1) A governmental body may not deliberate or take action on a matter at a meeting for which notice or supplemental notice is posted under Subsection (a) other than: (1) a matter directly related to responding to the emergency or urgent public necessity identified in the notice or supplemental notice of the meeting as provided by Subsection(c); or (2) an agenda item listed on a notice of the meeting before the supplemental notice was posted. (b) An emergency or urgent public necessity exists only if immediate action is required of a governmental body because of: (1) an imminent threat to public health and safety, including a threat described by Subdivision(2) if imminent; or (2) a reasonably unforeseeable situation, including: (A) fire,flood,earthquake,hurricane,tornado,or wind,rain,or snow storm; (B) power failure, transportation failure, or interruption of communication facilities; 289 Id. §§ 551.1281—.1282. 290 Id. 2022 Open Meetings Handbook• Office of the Attorney General 41 307 276 Notice Requirements (C) epidemic; or (D) riot, civil disturbance, enemy attack, or other actual or threatened act of lawlessness or violence. (c) The governmental body shall clearly identify the emergency or urgent public necessity in the notice or supplemental notice under this section. (d) A person who is designated or authorized to post notice of a meeting by a governmental body under this subchapter shall post the notice taking at face value the governmental body's stated reason for the emergency or urgent public necessity. (e) For purposes of Subsection (b)(2), the sudden relocation of a large number of residents from the area of a declared disaster to a governmental body's jurisdiction is considered a reasonably unforeseeable situation for a reasonable period immediately following the relocation.291 The public notice of a meeting to deliberate or take action on an emergency or urgent public necessity must be posted at least one hour before the meeting is scheduled to begin. A governmental body may decide to consider an emergency item during a previously scheduled meeting instead of calling a new emergency meeting. The governmental body must post a supplemental notice to add the deliberation or taking of action on the emergency or urgent public necessity as an item to the agenda at least one hour before the meeting begins.292 In addition to posting the public notice of an emergency meeting or supplementing a notice with an emergency item, the governmental body must give special notice of the emergency meeting or emergency item to members of the news media who have previously (1) filed a request with the governmental body, and (2) agreed to reimburse the governmental body for providing the special notice.293 The notice to members of the news media is to be given by telephone, facsimile transmission or electronic mail at least one hour before the meeting is convened.294 The public notice of an emergency meeting or an emergency item must "clearly identify" the emergency or urgent public necessity for calling the meeting or for adding the item to the agenda of a previously scheduled meeting.295 The Act defines "emergency" for purposes of emergency meetings and emergency items.296 Section 551.045(a-1)prohibits a governmental body from deliberating or taking action on a matter at an emergency meeting or one for which a supplemental notice has been posted other than a matter directly related to responding to the emergency or urgent public necessity identified in the 291 Id. § 551.045. 292 Id. §551.045(a). 293 Id. § 551.047(b). 291 Id. § 551.047(c). 295 Id. § 551.045(c). 291 Id. § 551.045(b);see River Rd. Neighborhood Ass'n v. S. Tex. Sports, 720 S.W.2d 551, 557 (Tex. App.—San Antonio 1986,writ dism'd)(construing"emergency"consistently with definition later adopted by Legislature). 2022 Open Meetings Handbook• Office of the Attorney General 42 308 277 Notice Requirements emergency notice or supplemental notice or an agenda item listed on the meeting notice before the supplemental notice was posted.297 Section 551.142 expressly authorizes the attorney general to bring an action by mandamus or injunction in a Travis County district court to stop, prevent, or reverse a violation or threated violation of section 551.045(a-1).291 Because section 551.045 provides for one-hour notice only for emergency meetings or for adding emergency items to the agenda, a governmental body adding a nonemergency item to its agenda must satisfy the general notice period of section 551.043 or section 551.044, as applicable, regarding the subject of that item. A governmental body's determination that an emergency exists is subject to judicial review.299 The existence of an emergency depends on the facts in a particular case.300 Under section 551.091, a commissioners court can hold an open or closed meeting, including by telephone, "solely to deliberate about disaster or emergency conditions and related public safety matters that require an immediate response."301 This provision is limited and only applicable when the following two circumstances are present: (1) [The county is one] for which the governor has issued an executive order or proclamation declaring a state of disaster or a state of emergency; and (2) . . . transportation to the meeting location is dangerous or difficult as a result of the disaster or emergency.302 A meeting held under this provision may be held without complying with the requirements of chapter 551, including the requirement to provide notice.303 However, to the extent practicable under the circumstances, the commissioners court shall provide reasonable public notice of a meeting held under section 551.091 and to allow members of the public and the media to observe the meeting if it is an open meeting.304 Though it may deliberate, the commissioners court may not vote or take final action in the meeting.305 The commissioners court is also required to prepare 297 TEx.Gov'T CODE§ 551.045(a-1). 291 Id. § 551.142(c),(d). 299 See River Rd. Neighborhood Ass'n, 720 S.W.2d at 557-58 (concluding that immediate need for action was brought about by board's decisions not to act at previous meetings and was not due to an emergency); Garcia v. City of Kingsville, 641 S.W.2d 339, 341-42 (Tex. App.—Corpus Christi 1982, no writ) (concluding that dismissal of city manager was not a matter of urgent public necessity);see also Markowski v. City of Marlin, 940 S.W.2d 720, 724 (Tex. App.—Waco 1997, writ denied) (concluding that city's receipt of lawsuit filed against it by fire captain and fire chief was emergency);Piazza v. City of Granger,909 S.W.2d 529, 533 (Tex. App.—Austin 1995,no writ)(concluding that notice stating city council's"lack of confidence"in police officer did not identify emergency). 30o Common Cause v.Metro. TransitAuth.,666 S.W.2d 610,613 (Tex.App.—Houston[1st Dist.] 1984,writ ref d n.r.e.);see generally Tex.Att'y Gen.Op.No.JC-0406(2001)at 5-6. 301 See TEx.Gov'T CODE§ 551.091(b). 302 Id. § 551.091(a). 303 Id. § 551.091(b) . 301 Id. § 551.091(c). 305 Id. § 551.091(d)(1). 2022 Open Meetings Handbook• Office of the Attorney General 43 309 278 Notice Requirements and keep minutes or a recording of the meeting and make the minutes or recording available to the public as soon as practicable.306 H. Recess in a Meeting: Postponement in Case of a Catastrophe Under section 551.0411, a governmental body that recesses an open meeting to the following regular business day need not post notice of the continued meeting if the action is taken in good faith and not to circumvent the Act. If a meeting continued to the following regular business day is then continued to another day, the governmental body must give notice of the meeting's continuance to the other day.307 Section 551.0411 also provides for a catastrophe that prevents the governmental body from convening an open meeting that was properly posted under section 551.041. The governmental body may convene in a convenient location within 72 hours pursuant to section 551.045 if the action is taken in good faith and not to circumvent the Act. However, if the governmental body is unable to convene the meeting within 72 hours, it may subsequently convene the meeting only if it gives written notice of the meeting. A"catastrophe" is defined as "a condition or occurrence that interferes physically with the ability of a governmental body to conduct a meeting" including: (1) fire, flood, earthquake, hurricane, tornado, or wind, rain or snow storm; (2) power failure, transportation failure, or interruption of communication facilities; (3) epidemic; or (4) riot, civil disturbance, enemy attack, or other actual or threatened act of lawlessness or violence.308 I. County Clerk May Charge a Fee for Posting Notice A county clerk may charge a reasonable fee to a district or political subdivision to post an Open Meetings Act notice.309 306 Id. § 551.091(d)(2). Section 551.091 expires on September 1,2027. See id. § 551.091(e). 307 See TEX. Gov'T CODE § 551.0411(a). Before section 551.0411 was adopted, the court in Rivera v. City of Laredo,held that a meeting could not be continued to any day other than the immediately following day without reposting notice. See Rivera v. City of Laredo, 948 S.W.2d 787, 793 (Tex. App.—San Antonio 1997, writ denied). 301 TEX.GOv'T CODE§ 551.0411(c). 309 See TEX.Loc.GOv'T CODE§ 118.011(c);Tex.Att'y Gen.Op.Nos. GA-0152(2004)at 3,M-496(1969)at 3. 2022 Open Meetings Handbook• Office of the Attorney General 44 310 279 Open Meetings VIII. Open Meetings A. Convening the Meeting A meeting may not be convened unless a quorum of the governmental body is present in the meeting room.310 This requirement applies even if the governmental body plans to go into an executive session, or closed meeting, immediately after convening.311 The public is entitled to know which members are present for the executive session and whether there is a quorum.312 B. Location of the Meeting The Act requires a meeting of a governmental body to be held in a location accessible to the public.313 It thus precludes a governmental body from meeting in an inaccessible location. Recognizing that the question whether a specific location is accessible is a fact question,this office recently opined that a court would unlikely conclude as a matter of law that the Act prohibits a governmental body from holding a meeting held in a location that requires the presentation of photo identification for admittance.314 This office has also opined that the Board of Regents of a state university system could not meet in Mexico, regardless of whether the board broadcast the meeting by videoconferencing technology to areas in Texas where component institutions were located.315 Nor could an entity subject to the Act meet in an underwriter's office in another state.316 In addition, pursuant to the Americans with Disabilities Act, a meeting room in which a public meeting is held must be physically accessible to individuals with disabilities. See infra Part XII.0 of this Handbook. C. Rights of the Public A meeting that is"open to the public"under the Act is one that the public is permitted to attend.31 Many governmental bodies conduct "public comment," "public forum" or "open mike" sessions at which members of the public may address comments on any subject to the governmental body.318 A public comment session is a meeting as defined by section 551.001(4)(B) of the 310 TEx. Gov'T CODE§ 551.001(2), (4) (defining "deliberation" and "meeting"); Cox Enters., Inc. v. Bd. of Trs., 706 S.W.2d 956, 959 (Tex. 1986); but see TEx.Gov'T CODE § 551.091(b) (authorizing commissioners courts in certain disaster circumstances to hold a meeting without complying with chapter 551, "including the requirement to. . .first convene in an open meeting"). 311 TEx.Gov'T CODE§ 551.101;see Martinez v. State, 879 S.W.2d 54, 56 (Tex. Crim. App. 1994); Cox. Enters., Inc.,706 S.W.2d at 959. 312 Martinez, 879 S.W.2d at 56; Cox Enters.,Inc.,706 S.W.2d at 959. 313 Other statutes may specify the location of a governmental body's meeting. See TEx.WATER CODE § 49.062 (special purpose districts), TEx.Loc. Gov'T CODE §§ 504.054, .055 (specifying alternative meeting locations for a board of an economic development corporation organized under the Development Corporation Act, Title 12,subtitle Cl,Local Government Code). 31a Tex. Att'y Gen. Op.No.KP-0020 (2015) at 2(acknowledging that a court would likely weigh the need for the identification requirement as a security measure against the public's right of access guaranteed under the Act). 315 Tex.Att'y Gen. Op.No.JC-0487(2002)at 7. 311 Tex.Att'y Gen. Op.No.JC-0053 (1999)at 5-6. 311 Tex.Att'y Gen. Op.No.M-220(1968)at 5. 311 Tex.Att'y Gen. Op.No.JC-0169(2000)at 4. 2022 Open Meetings Handbook• Office of the Attorney General 45 311 280 Open Meetings Government Code because the members of the governmental body "receive information from . . . or receive questions from [a] third person. ,319 Accordingly, the governmental body must give notice of a public comment session. Section 551.007 entitles the public to speak about items on the agenda at meetings of certain governmental bodies.320 Section 551.007 applies to governmental bodies listed in subsections 551.001(3)(B)—(L), including most local governmental bodies and other specified entities.321 But 551.007 excludes a governmental body listed in section 551.001(3)(A), which is "a board, commission, department, committee, or agency within the executive or legislative branch of state government that is directed by one or more elected or appointed officials."322 Section 551.007 provides that a governmental body to which the section applies "shall allow each member of the public who desires to address the body regarding an item on an agenda . . . to address the body regarding the item at the meeting before or during the body's consideration of the item."323 The new section expressly authorizes a governmental body to adopt reasonable rules regarding the public's right to address the body,"including rules that limit the total amount of time that a member of the public may address the body on a given item."324 In setting such rules, a governmental body may not unfairly discriminate among speakers for or against a particular point of view.325 Additionally, new section 551.007 provides that "a governmental body may not prohibit public criticism of the governmental body, including criticism of any act, omission, policy, procedure, program, or service," except criticism otherwise prohibited by law.326 Further, a governmental body making a rule limiting the amount of time for a member to address the governmental body and that does not use simultaneous translation equipment must give twice as much time to a person who addresses the governmental body through a translator.327 The Act does not entitle the public to choose the items to be placed on the agenda for discussion at the meeting.328 The Act permits a member of the public or a member of the governmental body to raise a subject that has not been included in the notice for the meeting,but any discussion of the subject must be limited to a proposal to place the subject on the agenda for a future meeting. Section 551.042 of the Act provides for this procedure: (a) If, at a meeting of a governmental body, a member of the public or of the governmental body inquires about a subject for which notice has not been given 319 TEx.GOUT CODE§ 551.001(4)(B)(iv);see Tex.Att'y Gen.Op.No.JC-0169(2000)at 3. 320 TEX.GOv'T CODE§ 551.007. 321 Id. § 551.007(a);see also id. § 551.001(3)(B)—(L). 322 See id. § 551.007(a);see id. § 551.001(3)(A). 323 See id. § 551.007(b). 321 See id. § 551.007(c);see also Tex.Att'y Gen. Op.No.KP-0300(2020)at 2 325 Tex.Att'y Gen.LO-96-111 (1996)at 1. 326 See TEx.Gov'T CODE§ 551.007(c). 317 See id. § 551.007(d). 321 See generally Charlestown Homeowners Ass'n,Inc. v.LaCoke,507 S.W.2d 876,883 (Tex.App.—Dallas 1974, writ ref d n.r.e.) (stating that the Act"does not mean that all such meetings must be `open' in the sense that persons other than members are free to speak"). 2022 Open Meetings Handbook• Office of the Attorney General 46 312 281 Open Meetings as required by this subchapter, the notice provisions of this subchapter do not apply to: (1) a statement of specific factual information given in response to the inquiry; or (2) a recitation of existing policy in response to the inquiry. (b) Any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting.329 Another section of the Act permits members of the public to record open meetings with a recorder or a video camera: (a) A person in attendance may record all or any part of an open meeting of a governmental body by means of a recorder, video camera, or other means of aural or visual reproduction. (b) A governmental body may adopt reasonable rules to maintain order at a meeting, including rules relating to: (1) the location of recording equipment; and (2) the manner in which the recording is conducted. (c) A rule adopted under Subsection (b) may not prevent or unreasonably impair a person from exercising a right granted under Subsection (a).330 D. Final Actions Section 551.102 of the Act provides as follows: A final action, decision, or vote on a matter deliberated in a closed meeting under this chapter may only be made in an open meeting that is held in compliance with the notice provisions of this chapter.331 A governmental body's final action, decision or vote on any matter within its jurisdiction may be made only in an open session held in compliance with the notice requirements of the Act. The 329 TEX.GOV'T CODE§ 551.042. 330 Id. § 551.023. 331 Id. § 551.102;see Rubalcaba v.Raymondville Indep.Sch.Dist.,No. 13-14-00224-CV,2016 WL 1274486,at*3 (Tex. App.—Corpus Christi, Mar. 31, 2016, no pet.) (mem. op.) (determining that"[w]hile a discussion may have taken place in executive session which may have been in violation of the Act,"the fact that the vote occurred in open session after the alleged violations meant that"the vote was not taken in violation"of the Act);Tex.State Bd. of Pub. Accountancy v. Bass, 366 S.W.3d 751, 762 (Tex. App.—Austin 2012, no pet.) ("[T]he statute contemplates that some deliberations may occur in executive session,but establishes that the final resolution of the matter must occur in open session."). 2022 Open Meetings Handbook• Office of the Attorney General 47 313 282 Open Meetings governmental body may not vote in an open session by secret written ballot.332 Furthermore, a governmental body may not take action by written agreement without a meeting.333 A city governing body may delegate to others the authority to make decisions affecting the transaction of city business if it does so in a meeting by adopting a resolution or ordinance by majority vote.334 When six cities delegated to a consultant corporation the right to investigate and pursue claims against a gas company, including the right to hire counsel for those purposes, the attorney hired by the consultant could opt out of a class action on behalf of each city, and the cities did not need to hold an open meeting to approve the attorney's decision to opt out in another instance.331 When the city attorney had authority under the city charter to bring a lawsuit and did not need city council approval to appeal, a discussion of the appeal by the city manager, a quorum of council members and the city attorney did not involve a final action.336 The fact that the State Board of Insurance discussed and approved a reduction in force at meetings that violated the Act did not affect the validity of the reduction, where the commissioner of insurance had independent authority to terminate employees.337 The board's superfluous approval of the firings was irrelevant to their validity.338 Similarly, the fact that the State Board of Public Accountancy's discussions in closed sessions, even if the closed sessions were improper under the Act, touched on the accountants' license revocations did not void the board's order removing the accountants'licenses when the vote of revocation was taken in open session.339 In the usual case, when the authority to make a decision or to take an action is vested in the governmental body, the governmental body must act in an open session. In Toyah Independent School District a Pecos-Barstow Independent School District,340 for example, the Toyah school board sued to enjoin enforcement of an annexation order approved by the board of trustees of Reeves County in a closed meeting.341 The board of trustees of Reeves County had excluded all 332 Tex.Att'y Gen. Op.No.H-1163 (1978)at 2. 333 Webster v. Tex. &Pac.Motor Transp. Co., 166 S.W.2d 75,77(Tex. 1942);Tex.Att'y Gen.Op.Nos.GA-0264 (2004) at 6-7, JM-120 (1983) at 4;see also Tex. Att'y Gen. Op. No. DM-95 (1992) at 5-6 (considering letter concerning matter of governmental business or policy that was circulated and signed by individual members of governmental body outside of open meeting). 334 City of San Benito v. Rio Grande Valley Gas Co., 109 S.W.3d 750,757(Tex.2003)(quoting from Cent.Power &Light Co. v. City of San Juan,962 S.W.2d 602,613 (Tex.App.—Corpus Christi 1998,pet.dism'd w.o.j.)). 335 See id. at 758. 331 See City of San Antonio v.Aguilar, 670 S.W.2d 681,685-86(Tex.App.—San Antonio 1984,writ dism'd);see also Tex. Att'y Gen. Op. No. MW-32 (1979) at 1-2 (concluding that procedure whereby executive director notified board of his intention to request attorney general to bring lawsuit and board member could request in writing that matter be placed on agenda of next meeting did not violate the Act). 337 Spiller v. Tex. Dep't of Ins., 949 S.W.2d 548, 551 (Tex. App.—Austin 1997, writ denied); see also Swate v. Medina Cmty.Hosp.,966 S.W.2d 693,698(Tex.App.—San Antonio 1998,pet.denied)(concluding that hospital board's alleged violation of Act did not render termination void where hospital administrator had independent power to hire and fire). 338 Spiller,949 S.W.2d at 551. 3" Tex. State Bd. of Pub.Accountancy,366 S.W.3d at 761-62("Thus,to establish that the Board's orders violated the Act, the accountants must establish that `the actual vote or decision' to adopt the orders was not made in open session.")(footnote and citation omitted). 340 Toyah Indep. Sch.Dist. v.Pecos-Barstow Indep. Sch.Dist.,466 S.W.2d 377(Tex.App.—San Antonio 1971,no writ). 341 Id. at 377. 2022 Open Meetings Handbook• Office of the Attorney General 48 314 283 Open Meetings members of the public from the meeting room before voting in favor of an order annexing the Toyah district to a third school district.342 The court determined that the board of trustees' action violated the Act and held that the order of annexation was ineffective.343 The Toyah Independent School District court thus developed the remedy of judicial invalidation of actions taken by a governmental body in violation of the Act. This remedy is now codified in section 551.141 of the Act. The voidability of a governmental body's actions taken in violation of the Act is discussed in Part XI.0 of this Handbook. Furthermore, the actual vote or decision on the ultimate issue confronting the governmental body must be made in an open session.344 In Board of Trustees a Cox Enterprises, Inc.,345 the court of appeals held that a school board violated the statutory predecessor to section 551.102 when it selected a board member to serve as board president. In an executive session, the board took a written vote on which of two board members would serve as president, and the winner of the vote was announced. The board then returned to the open session and voted unanimously for the individual who won the vote in the executive session.346 Although the board argued that the written vote in the executive session was "simply a straw vote" that did not violate the Act, the court of appeals found that"there is sufficient evidence to support the trial court's conclusion that the actual resolution of the issue was made in the executive session contrary to the provisions of'the statutory predecessor to section 551.102.347 Thus, as Cox Enterprises makes clear, a governmental body should not take a"straw vote" or otherwise attempt to count votes in an executive session. On the other hand, members of a governmental body deliberating in a permissible executive session may express their opinions or indicate how they will vote in the open session. The court in Cox Enterprises stated that "[a] contrary holding would debilitate the role of the deliberations which are permitted in the executive sessions and would unreasonably limit the rights of expression and advocacy."348 In certain circumstances, a governmental body may make a "decision" or take an "action" in an executive session that will not be considered a"final action, decision, or vote"that must be taken 342 Id. at 378 n.1. 343 Id. at 380;see also City of Stephenville v. Tex. Parks& Wildlife Dep't,940 S.W.2d 667,674-75 (Tex.App.— Austin 1996,writ denied) (noting that Water Commission's decision to hear some complaints raised on motion for rehearing and to exclude others should have been taken in open session held in compliance with Act); Gulf Reg'l Educ. Television Affiliates v. Univ. of Houston, 746 S.W.2d 803, 809 (Tex. App.—Houston [14th Dist.] 1988,writ denied)(concluding that governmental body's decision to hire attorney to bring lawsuit was invalid because it was not made in open meeting); Tex. Att'y Gen. Op. No. H-1198 (1978) at 2 (concluding that Act does not permit governmental body to enter into agreement and authorize expenditure of funds in closed session). 344 TEx. Gov'T CODE§ 551.102; see also Nash v. Civil Serv. Conan n, 864 S.W.2d 163, 166 (Tex. App.—Tyler 1993,no writ). 34' Bd. of Trs. v. Cox Enters.,Inc.,679 S.W.2d 86,90(Tex.App.—Texarkana 1984), aff d in part, rev'd in part on other grounds,706 S.W.2d 956(Tex. 1986). 346 Id. at 90. 347 Id. 341 Id. at 89 (footnote omitted); see also Nash, 864 S.W.2d at 166 (stating that Act does not prohibit board from reaching tentative conclusion in executive session and announcing it in open session where members have opportunity to comment and cast dissenting vote); City of Dallas v.Parker,737 S.W.2d 845,850(Tex.App.— Dallas 1987, no writ) (holding that proceedings complied with Act when "conditional"vote was taken during recess,result was announced in open session,and vote of each member was apparent). 2022 Open Meetings Handbook• Office of the Attorney General 49 315 284 Open Meetings in an open session. The court in Cox Enterprises held that the school board did not take a "final action" when it discussed making public the names and qualifications of the candidates for superintendent or when it discussed selling surplus property and instructed the administration to solicit bids. The court concluded that the board was simply announcing that the law would be followed rather than taking any action in deciding to make public the names and qualifications of the candidates. The court also noted that further action would be required before the board could decide to sell the surplus property; therefore, the instruction to solicit bids was not a "final action."349 349 Bd. of Trs.,679 S.W.2d at 89-90. 2022 Open Meetings Handbook• Office of the Attorney General 50 316 285 Closed Meetings IX. Closed Meetings A. Overview of Subchapter D of the Open Meetings Act The Act provides certain narrowly drawn exceptions to the requirement that meetings of a governmental body be open to the public.35o These exceptions are found in sections 551.071 through 551.090 and are discussed in detail in Part B of this section of the Handbook. Section 551.101 states the requirements for holding a closed meeting. It provides: If a closed meeting is allowed under this chapter, a governmental body may not conduct the closed meeting unless a quorum of the governmental body first convenes in an open meeting for which notice has been given as provided by this chapter and during which the presiding officer publicly: (1) announces that a closed meeting will be held, and (2) identifies the section or sections of this chapter under which the closed meeting is held.351 Thus, a quorum of the governmental body must be assembled in the meeting room, the meeting must be convened as an open meeting pursuant to proper notice, and the presiding officer must announce that a closed session will be held and must identify the sections of the Act authorizing the closed session.352 There are several purposes for requiring the presiding officer to identify the section or sections that authorize the closed session: to cause the governmental body to assess the applicability of the exceptions before deciding to close the meeting;to fix the governmental body's legal position as relying upon the exceptions specified; and to inform those present of the exceptions, thereby giving them an opportunity to object intelligently.353 Judging the sufficiency of the presiding officer's announcement in light of whether it effectuated or hindered these purposes, the court of appeals in Lone Star Greyhound Park, Inc. a Texas Racing Commission determined that the presiding officer's reference to the content of a section, rather than to the section number, sufficiently identified the exception.354 350 TEx.GOv'T CODE§§ 551.071—.091;see also Cox Enters., Inc. v. Bd. of Trs.,706 S.W.2d 956,958(Tex. 1986) (noting the narrowly drawn exceptions). 351 TEX.Gov'T CODE§ 551.101. 352 Martinez v. State,879 S.W.2d 54,56 n.5(Tex. Crim.App. 1994). 353 Lone Star Greyhound Park, Inc. v. Tex. Racing Comm'n, 863 S.W.2d 742, 747 (Tex.App.—Austin 1993,writ denied);see also Standley v. Sansom,367 S.W.3d 343,355 (Tex.App.—San Antonio 2012,pet. denied)(using the four purposes outlined in Lone Star to determine sufficiency of challenged notice for executive session). 354 Lone Star Greyhound Park,Inc., 863 S.W.2d at 748. 2022 Open Meetings Handbook• Office of the Attorney General 51 317 286 Closed Meetings B. Provisions Authorizing Deliberations in Closed Meeting 1. Section 551.071. Consultations with Attorney Section 551.071 authorizes a governmental body to consult with its attorney in an executive session to seek his or her advice on legal matters. It provides as follows: A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter.355 This provision implements the attorney-client privilege, an attorney's duty to preserve the confidences of a client.356 It allows a governmental body to meet in executive session with its attorney when it seeks the attorney's advice with respect to pending or contemplated litigation or settlement offers,357 including pending or contemplated administrative proceedings governed by the Administrative Procedure Act. In addition, subsection 551.071(2) of the Government Code permits a governmental body to consult in an executive session with its attorney "on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts"with the Act.358 Thus, a governmental body may hold an executive session to seek or receive its attorney's advice on legal matters that are not related to litigation or the settlement of litigation.359 A governmental body may not invoke section 551.071 to convene a closed session and then discuss matters outside of that provision.360 "General discussion of policy, unrelated to legal matters is not permitted under the language of [this exception] merely 355 TEX.Gov'T CODE§ 551.071. 356 Tex. State Bd. of Pub.Accountancy,366 S.W.3d at 759;see Tex.Att'y Gen. Op.Nos.JC-0506(2002)at 4,JC- 0233 (2000)at 3,H-816(1976)at 4,M-1261 (1972)at 9-10. 357 TEX.Gov'T CODE§ 551.071(1);Lone Star Greyhound Park Inc.,863 S.W.2d at 748. 15' TEX.GOv'T CODE§ 551.071(2). 351 Cf. Weatherford v. City of San Marcos, 157 S.W.3d 473,486(Tex.App.—Austin 2004,pet.denied)(concluding that city council did not violate Act when it went into executive session to seek attorney's advice about land use provision);Tex.Att'y Gen. Op.Nos.JC-0233 (2000)at 3,JM-100(1983)at 2. 36' Gardner v.Herring,21 S.W.3d 767,776(Tex.App.—Amarillo 2000,no pet.). But see In re City of Galveston, No. 14-14-01005-CV, 2015 WL 971314, *5-6 (Tex. App.—Houston [14th Dist.] March 3, 2015, orig. proceeding)(mem.op)(acknowledging that the Act does not mandate a"rigid stricture of direct legal question. ..followed by a direct legal answer"and that the"conveyance of factual information or the expression of opinion or intent by a member of the governmental body may be appropriate in a closed meeting . . . if the purpose of such statement is to facilitate the rendition of legal advice by the government's attorney"). 2022 Open Meetings Handbook• Office of the Attorney General 52 318 287 Closed Meetings because an attorney is present. ,361 A governmental body may, for example, consult with its attorney in executive session about the legal issues raised in connection with awarding a contract, but it may not discuss the merits of a proposed contract, financial considerations, or other nonlegal matters in an executive session held under section 551.071 of the Government Code.362 The attorney-client privilege can be waived by communicating privileged matters in the presence of persons who are not within the privilege.363 Two governmental bodies waived this privilege by meeting together for discussions intended to avoid litigation between them, each party consulting with its attorney in the presence of the other, "the party from whom it would normally conceal its intentions and strategy."364 An executive session under section 551.071 is not allowed for such discussions. A governmental body may, however, admit to a session closed under this exception its agents or representatives, where those persons' interest in litigation is aligned with that of the governmental body and their presence is necessary for full communication between the governmental body and its attorney.365 This exception is an affirmative defense on which the governmental body bears the burden of proof.366 2. Section 551.072. Deliberations about Real Property Section 551.072 authorizes a governmental body to deliberate in executive session on certain matters concerning real property. It provides as follows: A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person.367 Section 551.072 permits an executive session only where public discussion of the subject would have a detrimental effect on the governmental body's negotiating position with respect to a third party.368 Where a court found that open discussion would not be detrimental to a city's negotiations, a closed session under this provision was not permitted.369 It does not allow a 361 Tex.Att'y Gen.Op.No.JM-100(1983)at 2;see Finlan v. City of Dallas,888 F. Supp. 779,782 n.9(N.D.Tex. 1995);Tex.Att'y Gen.No.JC-0233 (2000)at 3. 362 Olympic Waste Servs.v. City of Grand-Saline,204 S.W.3d 496,503-04(Tex.App.—Tyler 2006,no pet.)(citing Tex.Att'y Gen. Op.No.JC-0233 (2000)at 3). 363 See Tex.Att'y Gen. Op.Nos.JC-0506(2002)at 6,JM-100(1983)at 2. 36' Tex. Att'y Gen. Op. No. MW-417 (1981) at 2-3; see also Tex. Att'y Gen. Op. No. JM-1004 (1989) at 4 (concluding that school board member who has sued other board members may be excluded from executive session held to discuss litigation). 361 See Tex.Att'y Gen. Op.No.JC-0506(2002)at 6;see also Tex.Att'y Gen.Op.No.JM-238(1984)at 5. 366 See Killam Ranch Props.,Ltd.v. Webb Cnty.,376 S.W.3d 146, 157(Tex.App.—San Antonio 2012,pet.denied); City of Farmers Branch v. Ramos, 235 S.W.3d 462, 466 (Tex. App.—Dallas 2007, no pet.); Olympic Waste Servs.,204 S.W.3d at 504. 367 TEx.Gov'T CODE§ 551.072. 361 Tex. Att'y Gen. Op. No. MW-417 (1981) at 2 (construing statutory predecessor to Government Code section 551.072). 361 See City of Laredo v.Escamilla,219 S.W.3d 14,21 (Tex.App.—San Antonio 2006,pet. denied). 2022 Open Meetings Handbook• Office of the Attorney General 53 319 288 Closed Meetings governmental body to "cut a deal in private, devoid of public input or debate."370 A governmental body's discussion of nonmonetary attributes of property to be purchased that relate to the property's value may fall within this exception if deliberating in open session would detrimentally affect subsequent negotiations.371 3. Section 551.0725. Deliberations by Certain Commissioners Courts about Contract Being Negotiated Section 551.0725 provides as follows: (a) The commissioners court of a county may conduct a closed meeting to deliberate business and financial issues relating to a contract being negotiated if, before conducting the closed meeting: (1) the commissioners court votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person; and (2) the attorney advising the commissioners court issues a written determination that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person. (b) Notwithstanding Section 551.103(a), Government Code, the commissioners court must make a recording of the proceedings of a closed meeting to deliberate the information. Section 551.103(a)provides that a governmental body shall either keep a certified agenda or make a recording of the proceedings of each closed meeting, except for a private consultation with its attorney permitted by section 551.071. 4. Section 551.0726. Texas Facilities Commission: Deliberation Regarding Contract Being Negotiated This section, which provides as follows, is very similar to section 551.0725: (a) The Texas Facilities Commission may conduct a closed meeting to deliberate business and financial issues relating to a contract being negotiated if, before conducting the closed meeting: (1) the commission votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the state in negotiations with a third person; and 371 Finlan,888 F. Supp. at 787. 371 Save Our Springs All.,Inc. v.Austin Indep. Sch.Dist.,973 S.W.2d 378,382(Tex.App.—Austin 1998,no pet.). 2022 Open Meetings Handbook• Office of the Attorney General 54 320 289 Closed Meetings (2) the attorney advising the commission issues a written determination finding that deliberation in an open meeting would have a detrimental effect on the position of the state in negotiations with a third person and setting forth that finding therein. (b) Notwithstanding Section 551.103(a),the commission must make a recording of the proceedings of a closed meeting held under this section.372 5. Section 551.073. Deliberation Regarding Prospective Gifts Section 551.073 provides as follows: A governmental body may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the state or the governmental body if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person.373 Before the Act was codified as Government Code chapter 551 in 1993, a single provision encompassed the present sections 551.073 and 551.072.374 The authorities construing the statutory predecessor to section 551.072 may be relevant to section 551.073.375 6. Section 551.074. Personnel Matters Section 551.074 authorizes certain deliberations about officers and employees of the governmental body to be held in executive session: (a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or a charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing.376 This section permits executive session deliberations concerning an individual officer or employee.37 Deliberations about a class of employees, however, must be held in an open 372 TEX.GOv'T CODE§ 551.0726. 373 Id. § 551.073. 374 See Act of Mar.28, 1973,63d Leg.,R.S.,ch.31,§2, 1973 Tex.Gen.Laws 45,46(former article 6252-17,§ 2(f), Revised Civil Statutes). 375 See, e.g., Dallas Cnty. Flood Control Dist. No. 1 v. Cross, 815 S.W.2d 271,282-83 (Tex.App.—Dallas 1991, writ denied). 376 TEX.Gov'T CODE§ 551.074. 377 A federal court has said that this provision is not restricted "only to actions affecting a current employee." Hispanic Educ. Comm. v.Houston Indep.Sch.Dist.,886 F.Supp.606,611 (S.D.Tex. 1994),aff'd,68 F.3d 467 2022 Open Meetings Handbook• Office of the Attorney General 55 321 290 Closed Meetings session.378 For example, when a governmental body discusses salary scales without referring to a specific employee, it must meet in open session.379 The closed meetings authorized by section 551.074 may deal only with officers and employees of a governmental body; closed deliberations about the selection of an independent contractor are not authorized.380 Section 551.074 authorizes the public officer or employee under consideration to request a public hearing.381 In Bowen v Calallen Independent School District,382 a teacher requested a public hearing concerning nonrenewal of his contract, but did not object when the school board moved to go into executive session. The court concluded that the school board did not violate the Act.383 Similarly, in James a Hitchcock Independent School District,384 a school librarian requested an open meeting on the school district's unilateral modification of her contract. The court stated that refusal of the request for a hearing before the school board"is permissible only where the teacher does not object to its denial."ass However, silence may not be deemed a waiver if the employee has no opportunity to object.386 When a board heard the employee's complaint, moved onto other topics, and then convened an executive session to discuss the employee after he left, the court found that the employee had not had an opportunity to object.387 7. Section 551.0745. Deliberations by Commissioners Court about County Advisory Body Attorney General Opinion DM-149 (1992) concluded that members of an advisory committee are not public officers or employees within section 551.074 of the Government Code, authorizing executive session deliberations about certain personnel matters. Section 551.0745 now provides that a commissioners court of a county is not required to deliberate in an open meeting about the "appointment, employment, evaluation,reassignment,duties,discipline,or dismissal of a member of an advisory body;or. . .to hear a complaint or charge against a member of an advisory body."388 However,this provision does not apply if the person who is the subject of the deliberation requests a public hearing.389 (5th Cir. 1995);but see Tex.Att'y Gen.LO-88-52(1988)at 3 (stating that the exception"applies only to public employees and officers,not to applicants for public employment or office"). 378 Gardner,21 S.W.3d at 777;Tex.Att'y Gen.Op.No.H-496(1975)(construing predecessor to Government Code section 551.074). 379 See Tex.Att'y Gen. Op.No.H-496(1975). 381 Swate v.Medina Cmty.Hosp., 966 S.W.2d 693,699(Tex.App.—San Antonio 1998,pet.denied);Bd. of Trs. v. Cox Enters.,Inc.,679 S.W.2d 86,90(Tex.App.—Texarkana 1984),affd in part,rev'd in part on othergrounds, 706 S.W.2d 956(Tex. 1986);Tex.Att'y Gen. Op.No.MW-129(1980)at 1-2. 38i TEx.GOv'T CODE§ 551.074(b);see City of Dallas,737 S.W.2d at 848; Corpus Christi Classroom Tchrs.Assn v. Corpus Christi Indep. Sch.Dist.,535 S.W.2d 429,430(Tex.App.—Corpus Christi 1976,no writ). 382 Bowen v. Calallen Indep. Sch.Dist.,603 S.W.2d 229(Tex.App.—Corpus Christi 1980,writ ref d n.r.e.). 383 Id. at 236;accord Thompson v. City of Austin,979 S.W.2d 676,685 (Tex.App.—Austin 1998,no pet.). 384 James v.Hitchcock Indep. Sch.Dist.,742 S.W.2d 701 (Tex.App.—Houston[1st Dist.] 1987,writ denied). 385 Id. at 707(citing Bowen,603 S.W.2d at 236). 3" Gardner,21 S.W.3d at 775. 387 Id.. 388 TEX.Gov'T CODE§ 551.0745. 389 See id. 2022 Open Meetings Handbook• Office of the Attorney General 56 322 291 Closed Meetings 8. Section 551.075. Conference Relating to Investments and Potential Investments Attended by Board of Trustees Growth Fund Section 551.075 authorizes a closed meeting between the board of trustees of the Texas Growth Fund and an employee of the Fund or a third party in certain circumstances.390 9. Section 551.076. Deliberations Regarding Security Devices or Security Audits Section 551.076 provides as follows: This chapter does not require a governmental body to conduct an open meeting to deliberate: (1) the deployment, or specific occasions for implementation, of security personnel or devices; or (2) a security audit.391 10. Section 551.077. Agency Financed by Federal Government Section 551.077 provides that chapter 551 does not require an agency financed entirely by federal money to conduct an open meeting.392 11. Section 551.078, .0785. Deliberations Involving Individuals' Medical or Psychiatric Records These two provisions permit specified governmental bodies to discuss an individual's medical or psychiatric records in closed session. Section 551.078 is the narrower provision, applying to a medical board or medical committee when discussing the records of an applicant for a disability benefit from a public retirement system.393 Section 551.0785 is much broader, allowing a governmental body that administers a public insurance, health or retirement plan to hold a closed session when discussing the records or information from the records of an individual applicant for a benefit from the plan. The benefits appeals committee for a public self-funded health plan may also meet in executive session for this purpose.394 390 Id. § 551.075. 39' Id. § 551.076; see Tex. Att'y Gen. LO-93-105, at 3 (indicating a belief that"the applicability of 551.076 rests upon the definition of`security personnel... 392 TEx.Gov'T CODE§ 551.077. 393 Id. §551.078;see also Tex.Att'y Gen.Op.No.DM-340(1995)at 2(concluding that section 551.078 authorizes board of trustees of a public retirement system to consider medical and psychiatric records in closed session). 394 TEx.GOv'T CODE§ 551.0785. 2022 Open Meetings Handbook• Office of the Attorney General 57 323 292 Closed Meetings 12. Sections 551.079—.0811. Exceptions Applicable to Specific Entities Sections 551.079 through 551.0811 are set out below. The judicial decisions and attorney general opinions construing the Act have had little to say about these provisions. § 551.079. Texas Department of Insurance (a) The requirements of this chapter do not apply to a meeting of the commissioner of insurance or the commissioner's designee with the board of directors of a guaranty association established under Chapter 2602, Insurance Code, or Article 21.28—C or 21.28—D, Insurance Code, in the discharge of the commissioner's duties and responsibilities to regulate and maintain the solvency of a person regulated by the Texas Department of Insurance. (b) The commissioner of insurance may deliberate and determine the appropriate action to be taken concerning the solvency of a person regulated by the Texas Department of Insurance in a closed meeting with persons in one or more of the following categories: (1) staff of the Texas Department of Insurance; (2) a regulated person; (3) representatives of a regulated person; or (4) members of the board of directors of a guaranty association established under Chapter 2602, Insurance Code, or Article 21.28—C or 21.28—D, Insurance Code. § 551.080. Board of Pardons and Paroles This chapter does not require the Board of Pardons and Paroles to conduct an open meeting to interview or counsel an inmate of the Texas Department of Criminal Justice. § 551.081. Credit Union Commission This chapter does not require the Credit Union Commission to conduct an open meeting to deliberate a matter made confidential by law. § 551.0811. The Finance Commission of Texas This chapter does not require The Finance Commission of Texas to conduct an open meeting to deliberate a matter made confidential by law. 2022 Open Meetings Handbook• Office of the Attorney General 58 324 293 Closed Meetings 13. Sections 551.082, .0821, .083. Certain School Board Deliberations Section 551.082 provides as follows: (a) This chapter does not require a school board to conduct an open meeting to deliberate in a case: (1) involving discipline of a public school child; or (2) in which a complaint or charge is brought against an employee of the school district by another employee and the complaint or charge directly results in a need for a hearing. (b) Subsection (a) does not apply if an open hearing is requested in writing by a parent or guardian of the child or by the employee against whom the complaint or charge is brought.395 A student who makes a written request for an open hearing on a disciplinary matter, but does not object to an executive session when announced, waives his or her right to an open hearing.396 Section 551.0821 provides as follows: (a) This chapter does not require a school board to conduct an open meeting to deliberate a matter regarding a public school student if personally identifiable information about the student will necessarily be revealed by the deliberation. (b) Directory information about a public school student is considered to be personally identifiable information about the student for purposes of Subsection (a) only if a parent or guardian of the student, or the student if the student has attained 18 years of age,has informed the school board,the school district, or a school in the school district that the directory information should not be released without prior consent. In this subsection, "directory information" has the meaning assigned by the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), as amended. (c) Subsection (a) does not apply if an open meeting about the matter is requested in writing by a parent or guardian of the student or by the student if the student has attained 18 years of age. The Federal Family Educational Rights and Privacy Act provides for withholding federal funds from an educational agency or institution with a policy or practice of releasing education records 395 Id. § 551.082. 396 United Indep. Sch.Dist. v. Gonzalez,911 S.W.2d 118, 127(Tex.App.—San Antonio 1995,writ denied). 2022 Open Meetings Handbook• Office of the Attorney General 59 325 294 Closed Meetings or personally identifiable information.397 Section 551.0821 enables school boards to deliberate in closed session to avoid revealing personally identifiable information about a student. Section 551.083 provides as follows: This chapter does not require a school board operating under a consultation agreement authorized by Section 13.901, Education Code [repealed in 1993], to conduct an open meeting to deliberate the standards, guidelines, terms, or conditions the board will follow, or instruct its representatives to follow, in a consultation with a representative of an employee group.398 14. Section 551.085. Deliberation by Governing Board of Certain Providers of Health Care Services Section 551.085 provides as follows: (a) This chapter does not require the governing board of a municipal hospital, municipal hospital authority,county hospital,county hospital authority,hospital district created under general or special law, or nonprofit health maintenance organization created under Section 534.101, Health and Safety Code,399 to conduct an open meeting to deliberate: (1) pricing or financial planning information relating to a bid or negotiation for the arrangement or provision of services or product lines to another person if disclosure of the information would give advantage to competitors of the hospital, hospital district, or nonprofit health maintenance organization; or (2) information relating to a proposed new service or product line of the hospital, hospital district, or nonprofit health maintenance organization before publicly announcing the service or product line. (b) The governing board of a health maintenance organization created under Section 281.0515, Health and Safety Code,400 that is subject to this chapter is not required to conduct an open meeting to deliberate information described by Subsection(a).401 397 20 U.S.C.A. § 1232g; see also Axtell v. Univ. of Tex., 69 S.W.3d 261,267 (Tex. App.—Austin 2002, no pet.) (holding that student did not have cause of action under Tort Claims Act for release of his grades to radio station). 39a See Act of May 28, 1993,73d Leg.,R.S.,ch.347,§8.33, 1993 Tex.Gen.Laws 1479, 1556. See Tex.Att'y Gen. Op.No.H-651 (1975)at 3 (construing predecessor of Government Code section 551.083). 399 Section 534.101 of the Health and Safety Code authorizes community mental health and mental retardation centers to create a limited purpose health maintenance organization. TEx.HEALTH&SAFETY CODE§§534.101— .124. 411 This provision authorizes certain hospital districts to establish HMOs. 401 TEx.GOv'T CODE§ 551.085. 2022 Open Meetings Handbook• Office of the Attorney General 60 326 295 Closed Meetings 15. Section 551.086. Certain Public Power Utilities: Competitive Matters This section was adopted as part of an act relating to electric utility restructuring and is only briefly summarized here.402 Anyone wishing to know when and how it applies should read it in its entirety.403 It provides that certain public power utilities are not required to conduct an open meeting to deliberate, vote or take final action on any competitive matter as defined by section 552.133 of the Government Code.404 Section 552.133 defines "competitive matter" as "a utility- related matter that is related to the public power utility's competitive activity, including commercial information and would, if disclosed, give advantage to competitors or prospective competitors."405 The definition of "competitive matter" further provides that the term is reasonably related to several categories of information specifically defined406 and does not include other specified categories of information.407 "Public power utility" is defined as "an entity providing electric or gas utility services" that is subject to the provisions of the Act.408 Finally, this executive session provision includes the following provision on notice: For purposes of Section 551.041, the notice of the subject matter of an item that may be considered as a competitive matter under this section is required to contain no more than a general representation of the subject matter to be considered, such that the competitive activity of the public power utility with respect to the issue in question is not compromised or disclosed.409 16. Section 551.087. Deliberation Regarding Economic Development Negotiations The provision reads as follows: This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1).410 402 See Act of May 27, 1999,76th Leg.,R.S.,ch.405, 1999 Tex.Gen.Laws 2543,2543-2625. 401 TEx.GOv'T CODE§ 551.086. 404 Id. § 551.086(c). 405 Id. § 552.133(a-1). 401 Id. § 552.133(a-1)(1)(A)—(F). 407 Id. § 552.133(a-1)(2)(A)—(0). 408 Id. § 551.086(b)(1). 409 Id. § 551.086(d). 410 Id. § 551.087. 2022 Open Meetings Handbook• Office of the Attorney General 61 327 296 Closed Meetings 17. Section 551.088. Deliberation Regarding Test Item This provision states as follows: This chapter does not require a governmental body to conduct an open meeting to deliberate a test item or information related to a test item if the governmental body believes that the test item may be included in a test the governmental body administers to individuals who seek to obtain or renew a license or certificate that is necessary to engage in an activity. all An executive session may be held only when expressly authorized by law. Thus, before section 551.088 was adopted, the Act did not permit a governmental body to meet in executive session to discuss the contents of a licensing examination.412 18. Section 551.089. Deliberation Regarding Security Devices or Security Audits; Closed Meeting Section 551.089 provides as follows: This chapter does not require a governmental body to conduct an open meeting to deliberate: (1) security assessments or deployments relating to information resources technology; (2) network security information as described by Section 2059.055(b); or (3) the deployment, or specific occasions for implementation, of security personnel, critical infrastructure, or security devices.413 19. Section 551.090. Enforcement Committee Appointed by Texas State Board of Public Accountancy Section 551.090 provides that an enforcement committee appointed by the State Board of Public Accountancy is not required to conduct an open meeting to investigate and deliberate a disciplinary action under Subchapter K,Chapter 901,Occupations Code,relating to the enforcement of Chapter 901 or the rules of the Texas State Board of Public Accountancy.414 all Id. § 551.088. 412 See Tex.Att'y Gen.LO-96-058,at 2. 413 TEx.Gov'T CODE§ 551.089. Chapter 2059 of the Government Code relates to the"Texas Computer Network Security System." Id. §§2059.001—.153. 414 Id. § 551.090; see also TEx. OCC. CODE §§ 901.501—.511 (subchapter K entitled "Prohibited Practices and Disciplinary Procedures"). 2022 Open Meetings Handbook• Office of the Attorney General 62 328 297 Closed Meetings 20. Section 551.091. Commissioners Courts: Deliberation Regarding Disaster or Emergency Section 551.091 provides that a commissioners court in a county "for which the governor has issued an executive order or proclamation declaring a state of disaster or a state of emergency"and "in which transportation to the meeting location is dangerous or difficult as a result of the disaster or emergency" may hold a closed meeting to deliberate about disaster or emergency conditions "without complying" with the Act, including the requirement to first convene the meeting in an open meeting.415 C. Closed Meetings Authorized by Other Statutes Some state agencies are authorized by their governing law to hold closed meetings in addition to those authorized by the Act.416 Chapter 418 of the Government Code, the Texas Disaster Act, which relates to managing emergencies and disasters, including those caused by terroristic acts, provides in section 418.183(f): A governmental body subject to Chapter 551 is not required to conduct an open meeting to deliberate information to which this section applies. Notwithstanding Section 551.103(a), the governmental body must make a tape recording of the proceedings of a closed meeting to deliberate the information.41' Section 418.183 states that "[t]his section applies only to information that is confidential under" specific sections of chapter 418.418 Similarly, the Texas Oyster Council is subject to the Act but is "not required to conduct an open meeting to deliberate confidential communications and records . . . relating to the investigation of a food-borne illness that is suspected of being related to molluscan shellfish. ,419 And though an appraisal review board is generally required to conduct protest hearings in the open,it is authorized to conduct a closed hearing if the hearing involves disclosure or proprietary or confidential information.420 D. No Implied Authority for Closed Meetings Older attorney general opinions have stated that a governmental body could deliberate in a closed session about confidential information, even though no provision of the Act authorizing a closed 411 TEX.Gov'T CODE§ 551.091(a)—(b). Section 551.091 expires on September 1,2027. See id. § 551.091(e). 416 See, e.g.,TEX.FAM.CODE§ 264.005(g)(County Child Welfare Boards);TEX.LAB.CODE§401.021(3)(certain proceedings of Workers' Compensation Commission); TEX. OCC. CODE § 152.009(c) (Board of Medical Examiners;deliberation about license applications and disciplinary actions). 417 TEX.Gov'T CODE§418.183(f). 418 Id. §418.183(a). 419 TEX.HEALTH&SAFETY CODE§ 436.108(f);see also TEX.Loc. GOv'T CODE§ 161.172(b) (excluding county ethics commissions in certain counties from operation of parts of chapter 551). 420 TEX.TAX CODE§41.66(d-1). 2022 Open Meetings Handbook• Office of the Attorney General 63 329 298 Closed Meetings session applied to the deliberations.421 These opinions reasoned that information made confidential by statute was not within the Act's prohibition against privately discussing "public business or public policy," or that the board members could deliberate on information in a closed session if an open meeting would result in violation of a confidentiality provision.422 However, Attorney General Opinion MW-578 (1982) held that the Texas Employment Commission had no authority to review unemployment benefit cases in closed session, even though in some of the cases very personal information was disclosed about claimants and employers. Reasoning that the Act states that closed meetings may be held only where specifically authorized,the opinion concluded that there was no basis to read into it implied authority for closed meetings.423 It disapproved the language in earlier opinions that suggests otherwise, but stated that the commission could protect privacy rights by avoiding discussion of private information.424 Thus, the disapproved opinions should no longer be relied on as a source of authority for a closed session. E. Who May Attend a Closed Meeting Only the members of a governmental body have a right to attend an executive session'425 except that the governmental body's attorney must be present when it meets under section 551.071. A governmental body has discretion to include in an executive session any of its officers and employees whose participation is necessary to the matter under consideration.426 Thus, a school board could require its superintendent of schools to attend all executive sessions of the board without violating the Act.427 Given the board's responsibility to oversee the district's management and the superintendent's administrative responsibility and leadership of the district,the board could reasonably conclude that the superintendent's presence was necessary at executive sessions.428 A commissioners court may include the county auditor in a meeting closed under section 551.071 to consult with its attorney if the court determines that(1)the auditor's interests are not adverse to the county's; (2)the auditor's presence is necessary for the court to communicate with its attorney; 421 Tex.Att'y Gen.Op.Nos.H-1154(1978)at 3(concluding that county child welfare board may meet in executive session to discuss case files made confidential by statute),H-780(1976)at 3(concluding that Medical Advisory Board must meet in closed session to consider confidential reports about medical condition of applicants for a driver's license),H-484(1974)at 3(concluding that licensing board may discuss confidential information from applicant's file and may prepare examination questions in closed session),H-223 (1974) at 5 (concluding that administrative hearings in comptroller's office concerning confidential tax information may be closed). 12 Tex.Att'y Gen. Op.No.H-484(1974)at 2. 421 See Tex.Att'y Gen. Op.No.MW-578 (1982)at 4. 424 Id. 425 See Tex.Att'y Gen.Op.Nos.JM-6(1983)at 1-2(stating that only members of the governmental body have the right to convene in executive session),KP-0006(2015)at 2. 426 Tex.Att'y Gen.Op.No.JC-0375(2001)at 2;see also Tex.Att'y Gen.Op.No.GA-0277(2004)at 3(concluding that commissioners court may allow the county clerk to attend its executive sessions), KP-0006 (2015) at 2 (concluding that a representative of a municipality may attend an executive session of a housing authority if the governing body of the housing authority determines the municipal representative's participation is necessary to the matter to be discussed). 427 Tex.Att'y Gen. Op.No.JC-0375 (2001)at 2. 428 Id. 2022 Open Meetings Handbook• Office of the Attorney General 64 330 299 Closed Meetings and(3)the county auditor's presence will not waive the attorney-client privilege.429 If the meeting is closed under an executive session provision other than section 551.071,the commissioners court may include the county auditor if the auditor's interests are not adverse to the county and his or her participation is necessary to the discussion.430 A governmental body must not admit to an executive session a person whose presence is contrary to the governmental interest protected by the provision authorizing the session. A person who wishes to sell real estate to a city may not attend an executive session under section 551.072, a provision designed to protect the city's bargaining position in negotiations with a third party.431 Nor may a governmental body admit the opposing party in litigation to an executive session under section 551.071.432 A governmental body has no authority to admit members of the public to a meeting closed under section 551.074 to give input about the public officer or employee being considered at the meeting.433 42' Tex.Att'y Gen.Op.No.JC-0506(2002)at 6;see Tex.Att'y Gen.Op.No.JM-238(1984)at 5 (concluding that county officers and employees may attend closed session of county commissioners court to discuss litigation against sheriff and commissioners court about county jail conditions). 411 See Tex.Att'y Gen. Op.No.JC-0506(2002)at 6. 41' Finlan v. City of Dallas, 888 F. Supp.779,787(N.D. Tex. 1995). 412 See Tex. Att'y Gen. Op.Nos. JM-1004 (1989) at 4 (concluding that school board member who has sued other board members may be excluded from executive session held to discuss litigation), MW-417 (1981) at 2-3 (concluding that provision authorizing governmental body to consult with attorney in executive session about contemplated litigation does not apply to joint meeting between the governmental bodies to avoid lawsuit between them). 411 See Tex.Att'y Gen. Op.No.GA-0511 (2007)at 6. 2022 Open Meetings Handbook• Office of the Attorney General 65 331 300 Records of Meetings X. Records of Meetings A. Minutes or Recordings of Open Meeting Section 551.021 of the Government Code provides as follows: (a) A governmental body shall prepare and keep minutes or make a recording of each open meeting of the body. (b) The minutes must: (1) state the subject of each deliberation; and (2) indicate each vote, order, decision, or other action taken.434 Section 551.022 of the Government Code provides: The minutes and recordings of an open meeting are public records and shall be available for public inspection and copying on request to the governmental body's chief administrative officer or the officer's designee.435 If minutes are kept instead of a recording, the minutes should record every action taken by the governmental body.436 If open sessions of a commissioners court meeting are recorded, the recordings are available to the public under the Public Information Act.437 (For a discussion of record retention laws, refer to Part XII.F of this Handbook). B. Special Recording Requirements Section 551.1283 requires special purpose districts subject to chapters 51, 53, 54, or 55 of the Water Code with populations of 500 or more to post the minutes of a meeting held to consider the adoption of an ad valorem tax rate on the district's Internet website if it has one.438 Such districts are also required to make an audio recording of the public hearing on written request of a resident 434 TEx.Gov'T CODE§ 551.021;see also Tex.Att'y Gen. Op.No. GA-0727 (2009)at 2 (opining that Texas State Library and Archives Commission rule requiring written minutes of every open meeting of a state agency is likely invalid as inconsistent with section 551.021(a),which authorizes a governmental body to make a recording of an open meeting). 435 TEx. Gov'T CODE § 551.022; see York v. Tex. Guaranteed Student Loan Corp., 408 S.W.3d 677, 688 (Tex. App.—Austin 2013,no pet.)(concluding that exceptions in the Public Information Act do not operate to prevent public disclosure of minutes requested under section 551.022). 436 See York, 408 S.W.3d at 687 (defining "minutes" to refer"to the record or notes of a meeting or proceeding, whatever they may contain"). 4" Tex. Att'y Gen. Op. No. JM-1143 (1990) at 2-3 (concluding that tape recording of open session of commissioners court meeting is subject to Open Records Act); see Tex. Att'y Gen. ORD-225 (1979) at 3 (concluding that handwritten notes of open meetings made by secretary of governmental body are subject to disclosure under Open Records Act);ORD-32(1974)at 2(concluding that audio tape recording of open meeting of state licensing agency used as aid in preparation of accurate minutes is subject to disclosure under Open Records Act). 438 See TEx.Gov'T CODE§ 551.1283(a)—(b). 2022 Open Meetings Handbook• Office of the Attorney General 66 332 301 Records of Meetings and to provide the recording to the resident no later than five days after the hearing.41' These special districts must also post"links to any other Internet website or websites the district uses to comply with Section 2051.202 of this code and Section 26.18, Tax Code."440 Section 551.091, which authorizes county commissioners courts in limited disaster circumstances to hold an open or closed meeting without complying with the requirements of chapter 551, still requires the commissioners court prepare and keep minutes or a recording of the meeting and make the minutes or recording available to the public as soon as practicable.441 C. Certified Agenda or Recording of Closed Meeting A governmental body must make and keep either a certified agenda or a recording of each executive session, except for an executive session held by the governmental body to consult with its attorney in accordance with section 551.071 of the Government Code.442 If a certified agenda is kept, the presiding officer must certify that the agenda is a true and correct record of the executive session.443 The certified agenda must include "(1) a statement of the subject matter of each deliberation, (2) a record of any further action taken, and (3) an announcement by the presiding officer at the beginning and the end of the closed meeting indicating the date and time."444 While the agenda does not have to be a verbatim transcript of the meeting, it must at least provide a brief summary of each deliberation.445 Whether a particular agenda satisfies the Act is a question of fact that must be addressed by the courts. Attorney General Opinion JM-840 (1988) cautioned governmental bodies to consider providing greater detail in the agenda with regard to topics not authorized for consideration in executive session or to avoid the uncertainty concerning the requisite detail required in an agenda by recording executive sessions.446 Any member of a governmental body participating in a closed session knowing that an agenda or recording is not being made commits a Class C misdemeanor.447 439 See id. § 551.1283(b). 441 See id. § 551.1283(d)). Section 2051.202 of the Government Code requires a district to post on its website, among other things,the location and schedule of meetings,as well as meeting notices,minutes,and instructions for requesting certain meeting locations. See Act of May 26,2021,87th Leg.,R.S.,ch.647,§3,2021 Tex. Sess. Law Serv. 1310, 1311 (to be codified at TEX.Gov'T CODE§2051.202(d)(11), (13), (14)). Generally, section 26.18 of the Tax Code requires taxing units to post information relating to their tax rate and budget information on a website. See TEX.TAX CODE§ 26.18. 441 Id. § 551.091(d)(2). 442 Id. § 551.103(a);see Tex. Att'y Gen. Op.No. JM-840 (1988) at 3 (discussing meaning of"certified agenda"). But see TEX. GOv'T CODE §§ 551.0725(b) (providing that notwithstanding section 551.103(a), the commissioners court must make a recording of the proceedings of a closed meeting under this section), 551.0726(b)("[N]otwithstanding Section 551.103(a),the [Texas Facilities] Commission must make a recording of the proceedings of a closed meeting held under this section."). 443 TEX.GOv'T CODE§ 551.103(b). 444 Id. § 551.103(c). 445 Tex.Att'y Gen. Op.No.JM-840(1988)at 4-7. 446 Id. at 5-6(referring to legislative history of section indicating that its primary purpose is to document fact that governmental body did not discuss unauthorized topics in closed session). 447 TEX.GOv'T CODE§ 551.145. 2022 Open Meetings Handbook• Office of the Attorney General 67 333 302 Records of Meetings The certified agenda or recording of an executive session must be kept a minimum of two years after the date of the session.448 If during that time a lawsuit that concerns the meeting is brought, the agenda or recording of that meeting must be kept pending resolution of the lawsuit.449 The commissioners court, not the county clerk, is the proper custodian for the certified agenda or recording of a closed meeting, but it may delegate that duty to the county clerk.aso A certified agenda or recording of an executive session is confidential. A person who knowingly and without lawful authority makes these records public commits a Class B misdemeanor and may be held liable for actual damages, court costs, reasonable attorney fees and exemplary or punitive damages.411 Section 551.104 provides for court-ordered access to the certified agenda or recording under specific circumstances: (b) In litigation in a district court involving an alleged violation of this chapter, the court: (1) is entitled to make an in camera inspection of the certified agenda or recording; (2) may admit all or part of the certified agenda or recording as evidence, on entry of a final judgment; and (3) may grant legal or equitable relief it considers appropriate, including an order that the governmental body make available to the public the certified agenda or recording of any part of a meeting that was required to be open under this chapter. (c) the certified agenda or recording of a closed meeting is available for public inspection and copying only under a court order issued under Subsection (b)(3).452 Section 551.104 authorizes a district court to admit all or part of the certified agenda or recording of a closed session as evidence in an action alleging a violation of the Act, thus providing the only means under state law whereby a certified agenda or recording of a closed session may be released to the public.453 The Office of the Attorney General has recognized that it lacks authority under the Public Information Act454 to review certified agendas or recordings of closed sessions for compliance with the Open Meetings Act.455 However, the confidentiality provision may be 448 Id. § 551.104(a). 449 Id. 450 Tex.Att'y Gen. Op.No.GA-0277(2004)at 3-4. 411 TEX.GOv'T CODE§ 551.146. 452 Id. § 551.104. 453 Tex.Att'y Gen. Op.No.JM-995 (1988)at 5;In re Smith Cnty.,521 S.W.3d 447,454(Tex.App.—Tyler 2017, no pet.)(stating that"it is clear that[section 551.104]applies to litigation before the recording of a closed meeting is made available to the public[;] . . . . once the recordings of the closed meetings become readily available to the public,section 551.104 no longer applies"). 454 TEX.GOv'T CODE ch. 552. 455 See Tex.Att'y Gen. ORD-495 (1988)at 2,4. 2022 Open Meetings Handbook• Office of the Attorney General 68 334 303 Records of Meetings preempted by federal law.456 When the Equal Employment Opportunity Commission served a Texas city with an administrative subpoena for tapes of closed city council meetings, the Open Meetings Act did not excuse compliance.457 A member of the governmental body has a right to inspect the certified agenda or recording of a closed meeting, even if he or she did not participate in the meeting.458 This is not a release to the public in violation of the confidentiality provisions of the Act, because a board member is not a member of the public within that prohibition. The governmental body may adopt a procedure permitting review of the certified agenda or recording, but may not entirely prohibit a board member from reviewing the record. The board member may not copy the recording or certified agenda of a closed meeting, nor may a former member of a governmental body inspect these records once he or she leaves office.459 D. Additional Recording Requirements for Certain Districts Section 551.1283 requires a special purpose district subject to chapter 51, 53, 54, or 55 of the Water Code with a population of 500 or more to "make an audio recording of reasonable quality" of a "public hearing to consider the adoption of an ad valorem tax rate"upon timely request of a resident of the district.460 The district must make the recording available to the resident not later than the fifth business day after the date of the hearing and also maintain a copy of the recording for at least one year.461 456 Equal Emp. Opportunity Conun n v. City of Orange, Tex.,905 F. Supp.381,382(E.D.Tex. 1995). 457 Id. 45' Tex.Att'y Gen.Op.No.JC-0120(1999)at 4,5,7(overruling Tex.Att'y Gen.Op.No.DM-227(1993),in part). 451 Tex.Att'y Gen.LO-98-033,at 2-3;cf., Tex.Att'y Gen.Op.No.DM-227(1993)at(2)(concluding that the Act does not preclude a member of a governmental body from reviewing the certified agenda or tape recording of a closed meeting in which the member had participated). 461 See Act of May 10,2019, 86th Leg.,R.S., ch. 105, § 2, 2019 Tex. Sess. Law Serv. 176, 177 (to be codified at TEx.Gov'T CODE§ 551.1283). 461 See id. 2022 Open Meetings Handbook• Office of the Attorney General 69 335 304 Penalties and Remedies XI. Penalties and Remedies A. Introduction The Act provides civil remedies and criminal penalties for violations of its provisions. District courts have original jurisdiction over criminal violations of the Act as misdemeanors involving official misconduct.462 The Act does not authorize the attorney general to enforce its provisions. However, a district attorney, criminal district attorney or county attorney may request the attorney general's assistance in prosecuting a criminal case, including one under the Act.463 B. Mandamus or Injunction Section 551.142 of the Act provides as follows: (a) An interested person, including a member of the news media, may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of this chapter by members of a governmental body. (b) The court may assess costs of litigation and reasonable attorney fees incurred by a plaintiff or defendant who substantially prevails in an action under Subsection(a). In exercising its discretion,the court shall consider whether the action was brought in good faith and whether the conduct of the governmental body had a reasonable basis in law.464 Texas courts examining this provision have said that "[t]he Open Meetings Act expressly waives sovereign immunity for violations of the [A]ct.',465 The four-year limitations period in section 16.051 of the Civil Practices and Remedies Code applies to an action under this provision.466 Generally, a writ of mandamus would be issued by a court to require a public official or other person to perform duties imposed on him or her by law. A mandamus ordinarily commands a person or entity to act, while an injunction restrains action.467 The Act does not automatically confer jurisdiction on the county court,but where the plaintiff's money demand brings the amount in controversy within the court's monetary limits,the county court has authority to issue injunctive and mandamus relief.468 Absent such a pleading,jurisdiction in original mandamus and original injunction proceedings lies in the district court.469 462 See State v. Williams,780 S.W.2d 891,892-93 (Tex.App.—San Antonio 1989,no writ). 463 See TEx.Gov'T CODE§402.028(a). 464 Id. § 551.142. 465 Hays Cmy. v. Hays Cmy. Water Plan. P'ship,69 S.W.3d 253,257(Tex.App.—Austin 2002,no pet.);see Riley v. Commis Court,413 S.W.3d 774,776-77(Tex.App.—Austin 2013,pet.denied). 466 Rivera v. City of Laredo,948 S.W.2d 787,793 (Tex.App.—San Antonio 1997,writ denied). 467 Boston v. Garrison,256 S.W.2d 67,69(Tex. 1953). 461 Martin v. Victoria Indep. Sch.Dist.,972 S.W.2d 815,818(Tex.App.—Corpus Christi 1998,pet. denied). 469 Id. 2022 Open Meetings Handbook• Office of the Attorney General 70 336 305 Penalties and Remedies Section 551.142(a) authorizes any interested person, including a member of the news media, to bring a civil action seeking either a writ of mandamus or an injunction.470 In keeping with the purpose of the Act, standing under the Act is interpreted broadly.471 Standing conferred by the Act is broader than taxpayer standing, and a citizen does not need to prove an interest different from the general public, "because `the interest protected by the Open Meetings Act is the interest of the general public.",472 The phrase "any interested person" includes a government league,473 an environmental group,474 the president of a local homeowners group,475 a city challenging the closure of a hospital by the county hospital district,476 a town challenging annexation ordinances,477 and a city manager regarding a meeting he attended.478 A suspended police officer and a police officers'association were"interested persons"who could bring a suit alleging that the city council had violated the Act in selecting a police chief 479 Despite previous court opinions recognizing that an individual may bring a declaratory judgment action pursuant to the Uniform Declaratory Judgments Act, chapter 37 of the Texas Civil Practice and Remedies Code,480 the Texas Supreme Court recently concluded that section 551.42I's waiver of sovereign immunity includes only a mandamus or injunction.481 Thus, a "declaration" that an action is void is no longer a vehicle by which to challenge a governmental body's action taken in violation of the Act. Section 551.142(b) authorizes a court to award reasonable attorney fees and litigation costs to the party who substantially prevails in an action brought under the Act.482 This relief, however, is discretionary. Section 551.142(c) authorizes the attorney general, in a district court in Travis County, to seek mandamus or an injunction to stop,prevent,or reverse a violation or threatened violation of section 470 TEx. GOVT CODE § 551.142(a); see Cameron Cmy. Good Gov't League v. Ramon, 619 S.W.2d 224, 230-31 (Tex.App.—Beaumont 1981,writ ref d n.r.e.). 471 See Burks v. Yarbrough, 157 S.W.3d 876, 880 (Tex. App.—Houston [14th Dist.] 2005, no pet.); Hays Cmy. Water Plan. P'ship v.Hays Cnty.,41 S.W.3d 174, 177(Tex.App.—Austin 2003,no pet.). 472 See Hays Cnty. Plan. P'ship,41 S.W.3d at 177-78 (quoting Save Our Springs All., Inc. v. Lowry, 934 S.W.2d 161, 163 (Tex.App.—Austin 1996,orig.proceeding [leave denied]). 473 See Cameron Cmy.,619 S.W.2d at 230. 474 See Save Our Springs All.,Inc.,934 S.W.2d at 162-64. 475 Id. 476 Matagorda Cnty.Hosp.Dist. v. City ofPalacios,47 S.W.3d 96, 102(Tex.App.—Corpus Christi 2001,no pet.). 477 City of Port Isabel v.Pinnell, 161 S.W.3d 233,241 (Tex.App.—Corpus Christi 2005,no pet.). 478 City of Donna v.Ramirez,548 S.W.3d 26,34-35 (Tex.App.—Corpus Christi 2017,pet.denied). 479 Rivera v. City of Laredo,948 S.W.2d 787,792(Tex.App.—San Antonio 1997,writ denied). 480 Bd. of Trs. v. Cox Enters.,Inc.,679 S.W.2d 86,88 (Tex.App.—Texarkana 1984),aff d in part, rev'd in part on other grounds, 706 S.W.2d 956 (Tex. 1986) (recognizing news media's right to bring declaratory judgment action to determine if board violated the Act);see also City of Fort Worth v. Groves,746 S.W.2d 907,913 (Tex. App.—Fort Worth 1988,no writ) (concluding that resident and taxpayer of city had standing to bring suit for declaratory judgment and injunction against city for violation of the Act). 481 Town of Shady Shores v. Swanson,590 S.W.3d 544,554(Tex.2019). 482 TEx. Gov'T CODE§ 551.142(b); see Austin Transp. Study Pol'y Advisory Comm. v. Sierra Club, 843 S.W.2d 683,690(Tex.App.—Austin 1992,writ denied)(upholding award of attorney fees). 2022 Open Meetings Handbook• Office of the Attorney General 71 337 306 Penalties and Remedies 551.142(a-1), a provision which limits a governmental body's actions in an emergency meeting or one for which an emergency supplemental notice is posted.483 Depending on the nature of the violation, additional monetary damages may be assessed against a governmental body that violated the Act. In Ferris v Texas Board of Chiropractic Examiners,484 the appellate court awarded back pay and reinstatement to an executive director whom the board had attempted to fire at two meetings convened in violation of the Act. Finally,at the third meeting held to discuss the matter, the board lawfully fired the executive director. Back pay was awarded for the period between the initial unlawful firing and the third meeting at which the director's employment was lawfully terminated.485 Court costs or attorney fees as well as certain other monetary damages can also be assessed under section 551.146, which relates to the confidentiality of the certified agenda. It provides that an individual, corporation or partnership that knowingly and without lawful authority makes public the certified agenda or recording of an executive session shall be liable for: (1) actual damages, including damages for personal injury or damage, lost wages, defamation, or mental or other emotional distress; (2) reasonable attorney fees and court costs; and (3) at the discretion of the trier of fact, exemplary damages.486 C. Voidability of a Governmental Body's Action in Violation of the Act; Ratification of Actions Section 551.141 provides that "[a]n action taken by a governmental body in violation of this chapter is voidable."487 Before this section was adopted,Texas courts held as a matter of common law that a governmental body's actions that are in violation of the Act are subject to judicial 483 TEX.Gov'T CODE§ 551.142(c). 484 Ferris v. Tex.Bd. of Chiropractic Exam'rs,808 S.W.2d 514,518-19(Tex.App.—Austin 1991,writ denied). 485 Id. at 519(awarding executive director attorney fees of$7,500). 486 TEX.Gov'T CODE§ 551.146(a)(2). 487 Id. § 551.141. 2022 Open Meetings Handbook• Office of the Attorney General 72 338 307 Penalties and Remedies invalidation.488 Section 551.141 does not require a court to invalidate an action taken in violation of the Act, and it may choose not to do so, given the facts of a specific case.489 In Point Isabel Independent School District a Hinojosa,490 the Corpus Christi Court of Appeals construed this provision to permit the judicial invalidation of only the specific action or actions found to violate the Act. Prior to doing so,the court addressed the sufficiency of the notice for the school board's July 12, 1988, meeting. With regard to that issue, the court determined that the description"personnel" in the notice was insufficient notice of the selection of three principals at the meeting, a matter of special interest to the public, but was sufficient notice of the selection of a librarian, an English teacher, an elementary school teacher, a band director and a part-time counselor.491 (For further discussion of required content of notice under the Act, see supra Part VII.A of this Handbook.) The court in Point Isabel Independent School District then turned to the question of whether the board's invalid selection of the three principals tainted all hiring decisions made at the meeting. The court felt that,given the reference in the statutory predecessor to section 551.141 to"an action taken"and not to"all actions taken,"this provision meant only that a specific action or specific actions violating the Act were subject to judicial invalidation. Consequently,the court refused the plaintiff's request to invalidate all hiring decisions made at the meeting and held void only the board's selection of the three principals.492 A governmental body cannot give retroactive effect to a prior action taken in violation of the Act, but may ratify the invalid act in a meeting held in compliance with the Act.493 The ratification will be effective only from the date of the meeting at which the valid action is taken.494 In Ferris a Texas Board of Chiropractic Examiners, the Austin Court of Appeals refused to give retroactive effect to a decision to fire the executive director reached at a meeting of the board that was held in compliance with the Act.49' The board had attempted to fire the director at two 488 See Lower Colorado River Auth. v. City of San Marcos, 523 S.W.2d 641, 646 (Tex. 1975); Toyah Indep. Sch. Dist. v. Pecos-Barstow Indep. Sch. Dist., 466 S.W.2d 377, 380 (Tex. App.—San Antonio 1971, no writ); see also Ferris, 808 S.W.2d at 517; Tex. Att'y Gen. Op. No. H-594 (1975) at 2 (noting that governmental body cannot independently assert its prior action that governmental body failed to ratify is invalid when it is to governmental body's advantage to do so). 419 See Collin Cnty., Tex. v.Homeowners Assn for Values Essential to Neighborhoods,716 F. Supp.953,960 n.12 (N.D. Tex. 1989) (declining to dismiss lawsuit that county authorized in violation of Act's notice requirements if county within thirty days of court's opinion and order authorized lawsuit at meeting in compliance with the Act). But see City of Bells v. Greater Texoma Util. Auth., 744 S.W.2d 636, 640 (Tex. App.—Dallas 1987,no writ)(dismissing authority's lawsuit initiated at meeting in violation of the Act's notice requirements). 490 Point Isabel Indep. Sch.Dist. v.Hinojosa,797 S.W.2d 176(Tex.App.—Corpus Christi 1990,writ denied). 491 Id. at 182. 492 Id. at 182-83; see also Hill v. Palestine Indep. Sch. Dist., 113 S.W.3d 14, 17 (Tex. App.—Tyler 2000, pet. denied) (holding a deliberation that violated the Open Meetings Act did not render voidable a subsequent vote held in compliance with the Act). 49' Lower Colo River Auth.,523 S.W.2d at 646-47(recognizing effectiveness of increase in electric rates only from date reauthorized at lawful meeting); City of San Antonio v.River City Cabaret,Ltd.,32 S.W.3d 291,293 (Tex. App.—San Antonio 2000, pet. denied). Cf. Dallas Cnty. Flood Control v. Cross, 815 S.W.2d 271, 284 (Tex. App.—Dallas 1991, writ denied) (holding ineffective district's reauthorization at lawful meeting of easement transaction initially authorized at unlawful meeting, because to do so, given the facts in that case, would give retroactive effect to transaction). 494 River City Cabaret,Ltd.,32 S.W.3d at 293. 495 Ferris,808 S.W.2d at 518-19. 2022 Open Meetings Handbook• Office of the Attorney General 73 339 308 Penalties and Remedies previous meetings that did not comply with the Act. The subsequent lawful termination did not cure the two previous unlawful firings retroactively, and the court awarded back pay to the director for the period between the initial unlawful firing and the final lawful termination.496 Ratification of an action previously taken in violation of the Act must comply with all applicable provisions of the Act.497 In Porth a Morgan, the Houston County Hospital Authority Board attempted to reauthorize the appointment of an individual to the board but did not comply fully with the Act.498 The board had originally appointed the individual during a closed meeting, violating the requirement that final action take place in an open meeting. The original appointment also violated the notice requirement,because the posted notice did not include appointing a board member as an item of business. At a subsequent open meeting, the board chose the individual as its vice-chairman and, as such, a member of the board, but the notice did not say that the board might appoint a new member or ratify its prior invalid appointment. Accordingly, the board's subsequent selection of the individual as vice-chairman did not ratify the board's prior invalid appointment. D. Criminal Provisions Certain violations of the Act's requirements concerning certified agendas or recordings of executive sessions are punishable as Class C or Class B misdemeanors. Section 551.145 provides as follows: (a) A member of a governmental body commits an offense if the member participates in a closed meeting of the governmental body knowing that a certified agenda of the closed meeting is not being kept or that a recording of the closed meeting is not being made. (b) An offense under Subsection(a) is a Class C misdemeanor.499 Section 551.146 provides: (a) An individual, corporation, or partnership that without lawful authority knowingly discloses to a member of the public the certified agenda or recording of a meeting that was lawfully closed to the public under this chapter: (1) commits an offense; and (2) is liable to a person injured or damaged by the disclosure for: (A) actual damages, including damages for personal injury or damage, lost wages, defamation, or mental or other emotional distress; 496 Id. 491 See id. at 518 ("A governmental entity may ratify only what it could have lawfully authorized initially."). 491 Porth v.Morgan,622 S.W.2d 470,473,475-76(Tex.App.—Tyler 1981,writ rend n.r.e.). 499 TEx.GOv'T CODE§ 551.145. 2022 Open Meetings Handbook• Office of the Attorney General 74 340 309 Penalties and Remedies (B) reasonable attorney fees and court costs; and (C) at the discretion of the trier of fact, exemplary damages. (b) An offense under Subsection(a)(1) is a Class B misdemeanor. (c) It is a defense to prosecution under Subsection(a)(1)and an affirmative defense to a civil action under Subsection(a)(2)that: (1) the defendant had good reason to believe the disclosure was lawful; or (2) the disclosure was the result of a mistake of fact concerning the nature or content of the certified agenda or recording.500 In order to find that a person has violated one of these provisions, the person must be determined to have "knowingly." Section 6.03(b) of the Penal Code, defines that state of mind as follows: A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to his conduct when he is aware that his conduct is reasonably certain to cause the result.501 A 2012 court of appeals case enumerated the elements of this criminal offense to be (1) a lawfully closed meeting, (2) a knowing disclosure of the agenda or tape recording of the lawfully closed meeting to a member of the public, and (3) a disclosure made without lawful authority.502 In Cooksey v State, Cooksey attached a copy of the tape recording of a closed meeting to his petition in his suit to remove the county judge.503 He was later charged with violation of section 551.146.504 The court of appeals determined that the posted notice for the emergency meeting did not clearly identify the emergency and thus the meeting was not sufficient as a "lawfully closed meeting" to uphold Cooksey's conviction.505 Section 551.146 does not prohibit members of the governmental body or other persons who attend an executive session from making public statements about the subject matter of the executive session.506 Other statutes or duties,however,may limit what a member of the governmental body may say publicly. 500 Id. § 551.146. 501 TEX.PENAL CODE§ 6.03(b). 502 Cooksey v. State,377 S.W.3d 901,905(Tex.App.—Eastland 2012,no pet.). 503 Id. at 903-04. 504 Id. at 904. 505 Id. at 907. 501 Tex.Att'y Gen. Op.No.JM-1071 (1989)at 2-3. 2022 Open Meetings Handbook• Office of the Attorney General 75 341 310 Penalties and Remedies Sections 551.143 and 551.144 of the Government Code establish criminal sanctions for certain conduct that violates openness requirements. A member of a governmental body must be found to have acted"knowingly"to be found guilty of either of these offenses. Section 551.143 provides: (a) A member of a governmental body commits an offense if the member: (1) knowingly engages in at least one communication among a series of communications that each occur outside of a meeting authorized by this chapter and that concern an issue within the jurisdiction of the governmental body in which the members engaging in the individual communications constitute fewer than a quorum of members but the members engaging in the series of communications constitute a quorum of members; and (2) knew at the time the member engaged in the communication that the series of communications: (A) involved or would involve a quorum; and (B) would constitute a deliberation once a quorum of members engaged in the series of communications.507 Section 551.144 provides as follows: (a) A member of a governmental body commits an offense if a closed meeting is not permitted under this chapter and the member knowingly: (1) calls or aids in calling or organizing the closed meeting, whether it is a special or called closed meeting; (2) closes or aids in closing the meeting to the public, if it is a regular meeting; or (3) participates in the closed meeting, whether it is a regular, special, or called meeting.5os (b) An offense under Subsection(a) is a misdemeanor punishable by: (1) a fine of not less than $100 or more than$500; (2) confinement in the county jail for not less than one month or more than six months; or 507 TEx.Gov'T CODE§ 551.143. 501 See Asgeirsson v.Abbott,773 F. Supp.2d 684,690(W.D.Tex.2011),affd,696 F.3d 454(5th Cir.2012),cert. denied,568 U.S. 1249(2013)(upholding constitutionality of section 551.144). 2022 Open Meetings Handbook• Office of the Attorney General 76 342 311 Penalties and Remedies (3) both the fine and confinement.509 (c) It is an affirmative defense to prosecution under Subsection(a)that the member of the governmental body acted in reasonable reliance on a court order or a written interpretation of this chapter contained in an opinion of a court of record, the attorney general, or the attorney for the governmental body."' In 1998, the Texas Court of Criminal Appeals determined in Tovar a State511 that a government official who knowingly participated in an impermissible closed meeting may be found guilty of violating the Act even though he did not know that the meeting was prohibited under the Act. Subsection 551.144(c) now provides an affirmative defense to prosecution under subsection(a) if the member of the governmental body acted in reasonable reliance on a court order or a legal opinion as set out in subsection(c).512 501 See Martinez v. State, 879 S.W.2d 54, 55-56(Tex. Crim.App. 1994)(upholding validity of information which charged county commissioners with violating Act by failing to comply with procedural prerequisites for holding closed session). 510 TEx.Gov'T CODE§ 551.144. 51 Tovar v. State,978 S.W.2d 584(Tex.Crim.App. 1998). 512 TEx.Gov'T CODE§ 551.144(c). 2022 Open Meetings Handbook• Office of the Attorney General 77 343 312 Open Meetings Act and Other Statutes XII. Open Meetings Act and Other Statutes A. Other Statutes May Apply to a Public Meeting The Act is not the only provision of law relevant to a public meeting of a particular governmental entity. For example, section 551.004 of the Government Code expressly provides: This chapter does not authorize a governmental body to close a meeting that a charter of the governmental body: (1) prohibits from being closed; or (2) requires to be open.513 In Shackelford v City of Abilene,514 the Texas Supreme Court held that an Abilene resident had a right to require public meetings under the Abilene city charter, which included the following provision: All meetings of the Council and all Boards or Commissions appointed by the Council shall be open to the public.515 Members of a particular governmental body should consult any applicable statutes, charter provisions, ordinances and rules for provisions affecting the entity's public meetings. Laws other than the Act govern preparing the agenda for a meeting516 but the procedures for agenda preparation must be consistent with the openness requirements of the Act.517 Even though a particular entity is not a"governmental body"as defined by the Act, another statute may require it to comply with the Act's provisions.518 Some exercises of governmental power, for example, a city's adoption of zoning regulations, require the city to hold a public hearing at which parties in interest and citizens have an opportunity to be heard.519 Certain governmental actions may be subject to statutory notice provisions520 in addition to notice required by the Act. The Act does not answer all questions about conducting a public meeting. Thus, persons responsible for a particular governmental body's meetings must know about other laws applicable to these meetings. While this Handbook cannot identify all provisions relevant to meetings of 513 Id. § 551.004. 511 Shackelford v. City of Abilene,585 S.W.2d 665,667 (Tex. 1979). 515 Id. at 667(emphasis omitted). 516 Tex.Att'y Gen. Op.Nos.DM-473 (1998)at 3,DM-228(1993)at 2-3,JM-63 (1983)at 3,MW-32(1979)at 1. 517 Tex.Att'y Gen. Op.Nos.DM-473 (1998)at 3,DM-228(1993)at 3. 518 See TEx. EDUC. CODE § 12.1051 (applying open meetings and public information laws to open-enrollment charter schools); see also TEx. ELEC. CODE §§ 31.033(d), .155(d) (applying the Act to county election commissions and joint election commission),TEx.WATER CODE§ 16.053(h)(12)(providing that regional water planning groups are subject to the Open Meetings Act). 519 See TEx.Loc.Gov'T CODE§211.006. 511 See id. § 152.013(b);see also TEx.ELEC.CODE§§ 31.033(d), .155(d). 2022 Open Meetings Handbook• Office of the Attorney General 78 344 313 Open Meetings Act and Other Statutes Texas governmental bodies, we will point out statutes that are of special importance to governmental bodies. B. Administrative Procedure Act The Administrative Procedure Act (the "APA") establishes "minimum standards of uniform practice and procedure for state agencies" in the rulemaking process and in hearing and resolving contested cases.521 The state agencies subject to the APA are as a rule also subject to the Act.522 The decision-making process under the APA is not excepted from the requirements of the Act.523 However, this office has concluded that the APA creates an exception to the requirements of the Act with regard to contested cases.524 A governmental body may consider a claim of privilege in a closed meeting when (1) the claim is made during a contested case proceeding under the APA, and (2) the resolution of the claim requires the examination and discussion of the allegedly privileged information.525 Although the Act does not authorize a closed meeting for this purpose, the APA incorporates certain rules of evidence and civil procedure, including the requirement that claims of privilege or confidentiality be determined in a nonpublic forum.526 The APA does not, on the other hand, create exceptions to the requirements of the Act when the two statutes can be harmonized. In Acker a Texas Water Commission, the Texas Supreme Court concluded that the statutory predecessor to section 2001.061 of the Government Code did not authorize a quorum of the members of a governmental body to confer in private regarding a contested case.527 Section 2001.061(b) provides in pertinent part: "A state agency member may communicate ex parte with another member of the agency unless prohibited by other law."528 The court concluded that, when harmonized with the provisions of the Act, this section permits a state agency's members to confer ex parte,but only when less than a quorum is present.529 C. The Americans with Disabilities Act Title II of the Americans with Disabilities Act of 1990 (the "ADA") prohibits discrimination against disabled individuals in the activities, services and programs of public entities.530 All the activities of state and local governmental bodies are covered by the ADA, including meetings. Governmental bodies subject to the Act must also ensure that their meetings comply with the ADA.531 For purposes of the ADA, an individual is an individual with a disability if he or she meets one of the following three tests: the individual must have a physical or mental impairment 521 TEx.Gov'T CODE§2001.001(1);see also id. § 2001.003(1),(6). 522 See id. §2001.003(7)(defining"state agency"). 523 Tex.Att'y Gen. Op.No.H-1269(1978)at 1 (considering statutory predecessor to APA). 52' Tex.Att'y Gen. Op.No.JM-645(1987)at 5-6. 525 Id. 521 Id. at 4-5;see TEx.GOV T CODE§2001.083. 527 Acker v. Tex. Water Comm'n,790 S.W.2d 299,301 (Tex. 1990). 528 TEx.Gov'T CODE§2001.061. 529 Acker,790 S.W.2d at 301. 530 42 U.S.C.A. §§ 12131-12165. 531 See id. § 12132;28 C.F.R. §§ 35.130, .149, .160. See generally Tyler v. City of Manhattan, 849 F. Supp. 1429, 1434-35 (D.Kan. 1994). 2022 Open Meetings Handbook• Office of the Attorney General 79 345 314 Open Meetings Act and Other Statutes that substantially limits one or more of the individual's major life activities; he or she has a record of having this type of physical or mental impairment; or he or she is regarded by others as having this type of impairment.132 A governmental body may not exclude a disabled individual from participation in the activities of the governmental body because the facilities are physically inaccessible.133 The room in which a public meeting is held must be physically accessible to a disabled individual.534 A governmental body must also ensure that communications with disabled individuals are as effective as communications with others.535 Thus,a governmental body must take steps to ensure that disabled individuals have access to and can understand the contents of the meeting notice and to ensure that they can understand what is happening at the meeting. This duty includes furnishing appropriate auxiliary aids and services when necessary.536 The following statement about meeting accessibility is included on the Secretary of State's Internet site where state and regional agencies submit notice of their meetings: Under the Americans with Disabilities Act, an individual with a disability must have equal opportunity for effective communication and participation in public meetings. Upon request, agencies must provide auxiliary aids and services, such as interpreters for the deaf and hearing impaired, readers, large print or Braille documents. In determining the type of auxiliary aid or services, agencies must give primary consideration to the individual's request. Those requesting auxiliary aids or services should notify the contact person listed on the meeting several days before the meeting by mail, telephone, or RELAY Texas. TTY. 7-1-1.537 D. The Open Meetings Act and the Whistleblower Act In City of Elsa a Gonzalez,a former city manager complained to the city council that it had violated the Open Meetings Act in the meeting at which he was fired.538 His court challenge included a Whistleblower claim based on his report to the city council of the violation of the Open Meetings Act.539 The Texas Supreme Court determined that the former city manager had not established, under the Whistleblower Act, an appropriate law enforcement agency to which to report a violation.540 532 42 U.S.C.A. § 12102(1);28 C.F.R. § 35.104. 533 See 28 C.F.R.§ 35.149—.150. 534 See Dees v. Austin Travis Cnty. Mental Health & Mental Retardation, 860 F. Supp. 1186, 1190 (W.D. Tex. 1994);see generally Tyler,849 F. Supp.at 1442. 535 28 C.F.R. § 35.160. 536 Id. § 35.160(b)(1). 537 Available at http://www.sos.state.tx.us/open/access.shtml. 531 City of Elsa v. Gonzalez,325 S.W.3d 622(Tex.2010). 539 See id. at 626-28. 540 See id. at 628. 2022 Open Meetings Handbook• Office of the Attorney General 80 346 315 Open Meetings Act and Other Statutes E. The Open Meetings Act Distinguished from the Public Information Act Although the Open Meetings Act and the Public Information Act 541 both serve the purpose of making government accessible to the people,they work differently to accomplish this goal.542 The definitions of "governmental body" in the two statutes are generally similar, but the Public Information Act also applies to entities supported by public funds,543 while the Open Meetings Act does not.544 Each statute contains a different set of exceptions.54' The Public Information Act authorizes the attorney general to determine whether records requested by a member of the public may be withheld and to enforce his rulings by writ of mandamus.546 The Open Meetings Act has no comparable provisions. Chapter 402, subchapter C of the Government Code authorizes the attorney general to issue legal opinions at the request of certain officers. Pursuant to this authority, the attorney general has addressed and resolved numerous questions of law arising under the Open Meetings Act.547 Because questions of fact cannot be resolved in the opinion process, an attorney general opinion will not determine whether particular conduct of a governmental body violated the Open Meetings Act.548 In addition, the exceptions in one statute are not necessarily incorporated into the other statute. The mere fact that a document was discussed in an executive session does not make it confidential under the Public Information Act.549 Nor does the Public Information Act authorize a governmental body to hold an executive session to discuss records merely because the records are within one of the exceptions to the Public Information Act,sso While some early attorney general opinions treated the exceptions to one statute as incorporated into the other, these decisions have been expressly or implicitly overruled.ssl 541 TEX.Gov'T CODE ch. 552. 542 See York v. Tex. Guaranteed Student Loan Corp.,408 S.W.3d. 677,684-87(Tex.App.—Austin 2013,no pet.) (discussing interplay between the Open Meetings Act and the Public Information Act). 541 TEX.Gov'T CODE§ 552.003(1)(A)(xiv). 544 See Tex.Att'y Gen.LO-98-040,at 2. 545 See Tex.Att'y Gen. ORD-491 (1988)at 4. 546 See TEX.GOv'T CODE§§ 552.301—.309, .321—.327. 547 Id. §§402.041—.045. 541 See Tex.Att'y Gen.Op.Nos.GA-0326(2005)at 4,JC-0307(2000)at 1,DM-95 (1992)at 1,JM-840(1988)at 6,H-772(1976)at 6;see also Bexar Medina Atascosa Water Dist.v.Bexar Medina Atascosa Landowners'Ass'n, 2 S.W.3d 459,461 (Tex. App.—San Antonio 1999,pet. denied)(stating that whether specific conduct violates the Act is generally a question of fact). 549 See City of Garland v. Dallas Morning News,22 S.W.3d 351, 366-67 (Tex. 2000)(stating"[t]hat a matter can be discussed in closed meetings does not mean that all documents involving the same matter are exempt from public access"); Tex. Att'y Gen. ORD-605 (1992) at 3 (names of applicants); ORD-485 (1987) at 4-5 (investigative report);see also Tex.Att'y Gen.ORD-491 (1988)at 7(noting the fact that meeting was not subject to the Act does not make minutes of meeting confidential under Open Records Act). sso Tex.Att'y Gen.Op.Nos.JM-595(1986)at 4-5(concluding that Open Records Act does not authorize executive session discussion of written evaluations on selection of consultants and bidders), MW-578 (1982) at 4 (concluding there is no implied authority under the Act to hold closed session to review private information in unemployment benefit case files). 551 See, e.g.,Tex.Att'y Gen.Op.No.H-1154(1978)at 3(closed meeting for discussion of confidential child welfare case files);Tex.Att'y Gen.ORD-461 (1987)(tape recording of closed session is not public under Open Records Act); ORD-259 (1980) (value of donation pledged to city is confidential under statutory predecessor to section 551.072 of the Government Code). 2022 Open Meetings Handbook• Office of the Attorney General 81 347 316 Open Meetings Act and Other Statutes F. Records Retention The Open Meetings Act requires a governmental body to prepare and keep minutes or make a recording of each open meeting.ssz It also requires a governmental body to keep a certified agenda or make a recording of each closed meeting, except for a closed meeting held under the attorney consultation exception, and to preserve the certified agenda or recording for a period of two years.553 Other than these provisions, the Open Meetings Act does not speak to a governmental body's record-keeping obligations. Similarly, the Public Information Act, in its provisions governing access to a governmental body's public information, does not specifically address a governmental body's responsibility to retain its records.554 Instead, other provisions require a local governmental body or state agency to retain and manage its governmental records.sss These provisions require local governments and state agencies to establish a records management program that complies with record retention schedules adopted by the Texas State Library and Archives Commission ("TSLAC").556 A local government record means [a]ny document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by a local government or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business.557 A state record is "any written, photographic, machine-readable, or other recorded information created or received by or on behalf of a state agency or an elected state official that documents activities in the conduct of state business or use of public resources."558 Under either of these definitions, a governmental body's meeting minutes, notices, agenda and agenda packets, recordings of meetings, and any other record associated with an open or closed meeting are going 152 TEX.Gov'T CODE§ 551.021(a). 553 Id. §§ 551.103, .104. 554 See id. §§ 552.001—.376 ("Public Information Act"), .004 (providing that governmental bodies, and elected public officials,may determine the time its information not currently in use will be preserved,"subject to any. . . applicable rule or law governing the destruction and other disposition of state and local governmental records or public information."). 555 See TEX. Loc. Gov'T CODE §§ 201.001-205.009 (the "Local Government Records Act"); TEX. GOVT CODE §§441.180—.205 (subchapter L entitled: "Preservation and Management of State Records and Other Historical Resources"). 556 See TEX.Loc.Gov'T CODE §§ 203.002, .005 (elected county officer shall provide for the administration of an "active and continuing records management program"), 203.021 (governing body of a local government shall provide for an "active and continuing program for the efficient and economical management of all local government records"),TEX.Gov'T CODE § 441.183 (head of each state agency"shall establish and maintain a records management program on a continuing and active basis"); see also TEX. Loc. Gov'T CODE § 203.042(b)(2) (retention period may not be less than a retention period for the record established by the TSLAC),TEX.Gov'T CODE§§441.185(a)(agency records management officer shall submit a records retention schedule to the state records administrator). 557 TEX.Loc.GOVT CODE§ 201.003(8). 551 TEX.GOVT CODE§441.180(11). 2022 Open Meetings Handbook• Office of the Attorney General 82 348 317 Open Meetings Act and Other Statutes to be local or state records. As such, they must be retained and managed by the local government or state agency as required by the respective retention schedule and may be destroyed only as permitted under the retention schedule.559 559 See TEx. Loc. Gov'T CODE §§ 202.001—.009 ("Destruction and Alienation of Records"), TEx. Gov'T CODE §441.187(governing destruction of state records). 2022 Open Meetings Handbook• Office of the Attorney General 83 349 318 Appendix A: Text of the Open Meetings Act Appendix A: Text of the Open Meetings Act SUBCHAPTER A. GENERAL PROVISIONS § 551.001. Definitions In this chapter: (1) "Closed meeting"means a meeting to which the public does not have access. (2) "Deliberation" means a verbal or written exchange between a quorum of a governmental body, or between a quorum of a governmental body and another person, concerning an issue within the jurisdiction of the governmental body. (3) "Governmental body"means: (A) a board, commission, department, committee, or agency within the executive or legislative branch of state government that is directed by one or more elected or appointed members; (B) a county commissioners court in the state; (C) a municipal governing body in the state; (D) a deliberative body that has rulemaking authority or quasi-judicial power and that is classified as a department, agency, or political subdivision of a county or municipality; (E) a school district board of trustees; (F) a county board of school trustees; (G) a county board of education; (H) the governing board of a special district created by law; (I) a local workforce development board created under Section 2308.253; (J) a nonprofit corporation that is eligible to receive funds under the federal community services block grant program and that is authorized by this state to serve a geographic area of the state; (K) a nonprofit corporation organized under Chapter 67, Water Code, that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under Section 11.30, Tax Code; (L) a joint board created under Section 22.074, Transportation Code; and (M) a board of directors of a reinvestment zone created under Chapter 311, Tax Code. (4) "Meeting"means: (A) a deliberation between a quorum of a governmental body, or between a quorum of a governmental body and another person, during which 2022 Open Meetings Handbook• Office of the Attorney General 84 350 319 Appendix A: Text of the Open Meetings Act public business or public policy over which the body has supervision or control is discussed or considered or during which the governmental body takes formal action; or (B) except as otherwise provided by this subdivision, a gathering: (i) that is conducted by the governmental body or for which the governmental body is responsible; (ii) at which a quorum of members of the governmental body is present; (iii) that has been called by the governmental body; and (iv) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the public business or public policy over which the governmental body has supervision or control. The term does not include the gathering of a quorum of a governmental body at a social function unrelated to the public business that is conducted by the body, the attendance by a quorum of a governmental body at a regional, state, or national convention or workshop, ceremonial event, or press conference, or the attendance by a quorum of a governmental body at a candidate forum, appearance, or debate to inform the electorate, if formal action is not taken and any discussion of public business is incidental to the social function, convention, workshop, ceremonial event,press conference, forum, appearance, or debate. The term includes a session of a governmental body. (5) "Open"means open to the public. (6) "Quorum"means a majority of a governmental body,unless defined differently by applicable law or rule or the charter of the governmental body. (7) "Recording" means a tangible medium on which audio or a combination of audio and video is recorded,including a disc,tape,wire,film,electronic storage drive, or other medium now existing or later developed. (8) "Videoconference call" means a communication conducted between two or more persons in which one or more of the participants communicate with the other participants through duplex audio and video signals transmitted over a telephone network, a data network, or the Internet. § 551.0015. Certain Property Owners' Associations Subject to Law (a) A property owners' association is subject to this chapter in the same manner as a governmental body: (1) if. 2022 Open Meetings Handbook• Office of the Attorney General 85 351 320 Appendix A: Text of the Open Meetings Act (A) membership in the property owners' association is mandatory for owners or for a defined class of owners of private real property in a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; (B) the property owners'association has the power to make mandatory special assessments for capital improvements or mandatory regular assessments; and (C) the amount of the mandatory special or regular assessments is or has ever been based in whole or in part on the value at which the state or a local governmental body assesses the property for purposes of ad valorem taxation under Section 20, Article VIII, Texas Constitution; or (2) if the property owners'association: (A) provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and (B) is a corporation that: (i) is governed by a board of trustees who may employ a general manager to execute the association's bylaws and administer the business of the corporation; (ii) does not require membership in the corporation by the owners of the property within the defined area; and (iii) was incorporated before January 1, 2006. (b) The governing body of the association, a committee of the association, and members of the governing body or of a committee of the association are subject to this chapter in the same manner as the governing body of a governmental body, a committee of a governmental body, and members of the governing body or of a committee of the governmental body. § 551.002. Open Meetings Requirement Every regular, special,or called meeting of a governmental body shall be open to the public,except as provided by this chapter. § 551.003. Legislature In this chapter,the legislature is exercising its powers to adopt rules to prohibit secret meetings of the legislature, committees of the legislature, and other bodies associated with the legislature, except as specifically permitted in the constitution. 2022 Open Meetings Handbook• Office of the Attorney General 86 352 321 Appendix A: Text of the Open Meetings Act § 551.0035.Attendance by Governmental Body at Legislative Committee or Agency Meeting (a) This section applies only to the attendance by a quorum of a governmental body at a meeting of a committee or agency of the legislature. This section does not apply to attendance at the meeting by members of the legislative committee or agency holding the meeting. (b) The attendance by a quorum of a governmental body at a meeting of a committee or agency of the legislature is not considered to be a meeting of that governmental body if the deliberations at the meeting by the members of that governmental body consist only of publicly testifying at the meeting, publicly commenting at the meeting, and publicly responding at the meeting to a question asked by a member of the legislative committee or agency. § 551.004. Open Meetings Required by Charter This chapter does not authorize a governmental body to close a meeting that a charter of the governmental body: (1) prohibits from being closed; or (2) requires to be open. § 551.005. Open Meetings Training (a) Each elected or appointed public official who is a member of a governmental body subject to this chapter shall complete a course of training of not less than one and not more than two hours regarding the responsibilities of the governmental body and its members under this chapter not later than the 90th day after the date the member: (1) takes the oath of office, if the member is required to take an oath of office to assume the person's duties as a member of the governmental body; or (2) otherwise assumes responsibilities as a member of the governmental body, if the member is not required to take an oath of office to assume the person's duties as a member of the governmental body. (b) The attorney general shall ensure that the training is made available. The office of the attorney general may provide the training and may also approve any acceptable course of training offered by a governmental body or other entity. The attorney general shall ensure that at least one course of training approved or provided by the attorney general is available on videotape or a functionally similar and widely available medium at no cost. The training must include instruction in: (1) the general background of the legal requirements for open meetings; (2) the applicability of this chapter to governmental bodies; 2022 Open Meetings Handbook• Office of the Attorney General 87 353 322 Appendix A: Text of the Open Meetings Act (3) procedures and requirements regarding quorums, notice, and recordkeeping under this chapter; (4) procedures and requirements for holding an open meeting and for holding a closed meeting under this chapter; and (5) penalties and other consequences for failure to comply with this chapter. (c) The office of the attorney general or other entity providing the training shall provide a certificate of course completion to persons who complete the training required by this section. A governmental body shall maintain and make available for public inspection the record of its members' completion of the training. (d) Completing the required training as a member of the governmental body satisfies the requirements of this section with regard to the member's service on a committee or subcommittee of the governmental body and the member's ex officio service on any other governmental body. (e) The training required by this section may be used to satisfy any corresponding training requirements concerning this chapter or open meetings required by law for the members of a governmental body. The attorney general shall attempt to coordinate the training required by this section with training required by other law to the extent practicable. (f) The failure of one or more members of a governmental body to complete the training required by this section does not affect the validity of an action taken by the governmental body. (g) A certificate of course completion is admissible as evidence in a criminal prosecution under this chapter. However, evidence that a defendant completed a course of training offered under this section is not prima facie evidence that the defendant knowingly violated this chapter. § 551.006. Written Electronic Communications Accessible to Public (a) A communication or exchange of information between members of a governmental body about public business or public policy over which the governmental body has supervision or control does not constitute a meeting or deliberation for purposes of this chapter if: (1) the communication is in writing; (2) the writing is posted to an online message board or similar Internet application that is viewable and searchable by the public; and (3) the communication is displayed in real time and displayed on the online message board or similar Internet application for no less than 30 days after the communication is first posted. (b) A governmental body may have no more than one online message board or similar Internet application to be used for the purposes described in Subsection 2022 Open Meetings Handbook• Office of the Attorney General 88 354 323 Appendix A: Text of the Open Meetings Act (a). The online message board or similar Internet application must be owned or controlled by the governmental body, prominently displayed on the governmental body's primary Internet web page, and no more than one click away from the governmental body's primary Internet web page. (c) The online message board or similar Internet application described in Subsection(a)may only be used by members of the governmental body or staff members of the governmental body who have received specific authorization from a member of the governmental body. In the event that a staff member posts a communication to the online message board or similar Internet application, the name and title of the staff member must be posted along with the communication. (d) If a governmental body removes from the online message board or similar Internet application a communication that has been posted for at least 30 days, the governmental body shall maintain the posting for a period of six years. This communication is public information and must be disclosed in accordance with Chapter 552. (e) The governmental body may not vote or take any action that is required to be taken at a meeting under this chapter of the governmental body by posting a communication to the online message board or similar Internet application. In no event shall a communication or posting to the online message board or similar Internet application be construed to be an action of the governmental body. § 551.007. Public Testimony (a) This section applies only to a governmental body described by Sections 551.001(3)(B)—(L). (b) A governmental body shall allow each member of the public who desires to address the body regarding an item on an agenda for an open meeting of the body to address the body regarding the item at the meeting before or during the body's consideration of the item. (c) A governmental body may adopt reasonable rules regarding the public's right to address the body under this section,including rules that limit the total amount of time that a member of the public may address the body on a given item. (d) This subsection applies only if a governmental body does not use simultaneous translation equipment in a manner that allows the body to hear the translated public testimony simultaneously. A rule adopted under Subsection (c) that limits the amount of time that a member of the public may address the governmental body must provide that a member of the public who addresses the body through a translator must be given at least twice the amount of time as a member of the public who does not require the assistance of a translator in 2022 Open Meetings Handbook• Office of the Attorney General 89 355 324 Appendix A: Text of the Open Meetings Act order to ensure that non-English speakers receive the same opportunity to address the body. (e) A governmental body may not prohibit public criticism of the governmental body, including criticism of any act, omission, policy, procedure, program, or service. This subjection does not apply to public criticism that is otherwise prohibited by law. SUBCHAPTER B. RECORD OF OPEN MEETING § 551.021. Minutes or Recording of Open Meeting Required (a) A governmental body shall prepare and keep minutes or make a recording of each open meeting of the body. (b) The minutes must: (1) state the subject of each deliberation; and (2) indicate each vote, order, decision, or other action taken. § 551.022. Minutes and Recordings of Open Meeting: Public Record The minutes and recordings of an open meeting are public records and shall be available for public inspection and copying on request to the governmental body's chief administrative officer or the officer's designee. § 551.023. Recording of Meeting by Person in Attendance (a) A person in attendance may record all or any part of an open meeting of a governmental body by means of a recorder, video camera, or other means of aural or visual reproduction. (b) A governmental body may adopt reasonable rules to maintain order at a meeting, including rules relating to: (1) the location of recording equipment; and (2) the manner in which the recording is conducted. (c) A rule adopted under Subsection (b) may not prevent or unreasonably impair a person from exercising a right granted under Subsection(a). SUBCHAPTER C. NOTICE OF MEETINGS § 551.041. Notice of Meeting Required A governmental body shall give written notice of the date,hour,place, and subject of each meeting held by the governmental body. 2022 Open Meetings Handbook• Office of the Attorney General 90 356 325 Appendix A: Text of the Open Meetings Act § 551.0411. Meeting Notice Requirements in Certain Circumstances (a) Section 551.041 does not require a governmental body that recesses an open meeting to the following regular business day to post notice of the continued meeting if the action is taken in good faith and not to circumvent this chapter. If an open meeting is continued to the following regular business day and, on that following day, the governmental body continues the meeting to another day, the governmental body must give written notice as required by this subchapter of the meeting continued to that other day. (b) A governmental body that is prevented from convening an open meeting that was otherwise properly posted under Section 551.041 because of a catastrophe may convene the meeting in a convenient location within 72 hours pursuant to Section 551.045 if the action is taken in good faith and not to circumvent this chapter. If the governmental body is unable to convene the open meeting within those 72 hours, the governmental body may subsequently convene the meeting only if the governmental body gives written notice of the meeting as required by this subchapter. (c) In this section, "catastrophe" means a condition or occurrence that interferes physically with the ability of a governmental body to conduct a meeting, including: (1) fire, flood,earthquake,hurricane,tornado,or wind,rain,or snow storm; (2) power failure, transportation failure, or interruption of communication facilities; (3) epidemic; or (4) riot, civil disturbance, enemy attack, or other actual or threatened act of lawlessness or violence. §551.0415.Governing Body of Municipality or County: Reports About Items of Community Interest Regarding Which No Action Will be Taken (a) Notwithstanding Sections 551.041 and 551.042, a quorum of the governing body of a municipality or county may receive from staff of the political subdivision and a member of the governing body may make a report about items of community interest during a meeting of the governing body without having given notice of the subject of the report as required by this subchapter if no action is taken and, except as provided by Section 551.042, possible action is not discussed regarding the information provided in the report. (b) For purposes of Subsection(a), "items of community interest" includes: (1) expressions of thanks, congratulations, or condolence; (2) information regarding holiday schedules; (3) an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change 2022 Open Meetings Handbook• Office of the Attorney General 91 357 326 Appendix A: Text of the Open Meetings Act in the status of a person's public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; (4) a reminder about an upcoming event organized or sponsored by the governing body; (5) information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the political subdivision; and (6) announcements involving an imminent threat to the public health and safety of people in the political subdivision that has arisen after the posting of the agenda. § 551.042. Inquiry Made at Meeting (a) If, at a meeting of a governmental body, a member of the public or of the governmental body inquires about a subject for which notice has not been given as required by this subchapter, the notice provisions of this subchapter do not apply to: (1) a statement of specific factual information given in response to the inquiry; or (2) a recitation of existing policy in response to the inquiry. (b) Any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting. § 551.043. Time and Accessibility of Notice; General Rule (a) The notice of a meeting of a governmental body must be posted in a place readily accessible to the general public at all times for at least 72 hours before the scheduled time of the meeting, except as provided by Sections 551.044- 551.046. (b) If this chapter specifically requires or allows a governmental body to post notice of a meeting on the Internet: (1) the governmental body satisfies the requirement that the notice must be posted in a place readily accessible to the general public at all times by making a good-faith attempt to continuously post the notice on the Internet during the prescribed period; (2) the governmental body must still comply with any duty imposed by this chapter to physically post the notice at a particular location; and (3) if the governmental body makes a good-faith attempt to continuously post the notice on the Internet during the prescribed period, the notice 2022 Open Meetings Handbook• Office of the Attorney General 92 358 327 Appendix A: Text of the Open Meetings Act physically posted at the location prescribed by this chapter must be readily accessible to the general public during normal business hours. § 551.044. Exception to General Rule: Governmental Body With Statewide Jurisdiction (a) The secretary of state must post notice on the Internet of a meeting of a state board, commission, department, or officer having statewide jurisdiction for at least seven days before the day of the meeting. The secretary of state shall provide during regular office hours a computer terminal at a place convenient to the public in the office of the secretary of state that members of the public may use to view notices of meetings posted by the secretary of state. (b) Subsection(a) does not apply to: (1) the Texas Department of Insurance, as regards proceedings and activities under Title 5, Labor Code, of the department, the commissioner of insurance, or the commissioner of workers' compensation; or (2) the governing board of an institution of higher education. § 551.045.Exception to General Rule: Notice of Emergency Meeting or Emergency Addition to Agenda (a) In an emergency or when there is an urgent public necessity, the notice of a meeting to deliberate or take action on the emergency or urgent public necessity, or the supplemental notice to add the deliberation or taking of action on the emergency or urgent public necessity as an item to the agenda for a meeting for which notice has been posted in accordance with this subchapter, is sufficient if the notice or supplemental notice is posted for at least one hour before the meeting is convened. (a-1) A governmental body may not deliberate or take action on a matter at a meeting for which notice or supplemental notice is posted under Subsection (a) other than: (1) a matter directly related to responding to the emergency or urgent public necessity identified in the notice or supplemental notice of the meeting as provided by Subsection(c); or (2) an agenda item listed on a notice of the meeting before the supplemental notice was posted. (b) An emergency or an urgent public necessity exists only if immediate action is required of a governmental body because of: (1) an imminent threat to public health and safety, including a threat described by Subdivision(2) if imminent; or (2) a reasonably unforeseeable situation, including: 2022 Open Meetings Handbook• Office of the Attorney General 93 359 328 Appendix A: Text of the Open Meetings Act (A) fire, flood, earthquake, hurricane, tornado, or wind, rain, or snow storm; (B) power failure,transportation failure, or interruption of communication facilities; (C) epidemic; or (D) riot, civil disturbance, enemy attack, or other actual or threatened act of lawlessness or violence. (c) The governmental body shall clearly identify the emergency or urgent public necessity in the notice or supplemental notice under this section. (d) A person who is designated or authorized to post notice of a meeting by a governmental body under this subchapter shall post the notice taking at face value the governmental body's stated reason for the emergency or urgent public necessity. (e) For purposes of Subsection (b)(2), the sudden relocation of a large number of residents from the area of a declared disaster to a governmental body's jurisdiction is considered a reasonably unforeseeable situation for a reasonable period immediately following the relocation. § 551.046. Exception to General Rule: Committee of Legislature The notice of a legislative committee meeting shall be as provided by the rules of the house of representatives or of the senate. § 551.047. Special Notice to News Media of Emergency Meeting or Emergency Addition to Agenda (a) The presiding officer of a governmental body, or the member of a governmental body who calls an emergency meeting of the governmental body or adds an emergency item to the agenda of a meeting of the governmental body, shall notify the news media of the emergency meeting or emergency item as required by this section. (b) The presiding officer or member is required to notify only those members of the news media that have previously; (1) filed at the headquarters of the governmental body a request containing all pertinent information for the special notice; and (2) agreed to reimburse the governmental body for the cost of providing the special notice. (c) The presiding officer or member shall give the notice by telephone, facsimile transmission, or electronic mail at least one hour before the meeting is convened. 2022 Open Meetings Handbook• Office of the Attorney General 94 360 329 Appendix A: Text of the Open Meetings Act § 551.048. State Governmental Body: Notice to Secretary of State; Place of Posting Notice (a) A state governmental body shall provide notice of each meeting to the secretary of state. (b) The secretary of state shall post the notice on the Internet. The secretary of state shall provide during regular office hours a computer terminal at a place convenient to the public in the office of the secretary of state that members of the public may use to view the notice. § 551.049. County Governmental Body: Place of Posting Notice A county governmental body shall post notice of each meeting on a bulletin board at a place convenient to the public in the county courthouse. § 551.050. Municipal Governmental Body: Place of Posting Notice (a) In this section, "electronic bulletin board"means an electronic communication system that includes a perpetually illuminated screen on which the governmental body can post messages or notices viewable without manipulation by the public. (b) A municipal governmental body shall post notice of each meeting on a physical or electronic bulletin board at a place convenient to the public in city hall. § 551.0501. Joint Board: Place of Posting Notice (a) In this section, "electronic bulletin board" means an electronic communication system that includes a perpetually illuminated screen on which the governmental body can post messages or notices viewable without manipulation by the public. (b) A joint board created under Section 22.074, Transportation Code, shall post notice of each meeting on a physical or electronic bulletin board at a place convenient to the public in the board's administrative offices. § 551.051. School District: Place of Posting Notice A school district shall post notice of each meeting on a bulletin board at a place convenient to the public in the central administrative office of the district. § 551.052. School District: Special Notice to News Media (a) A school district shall provide special notice of each meeting to any news media that has: (1) requested special notice; and (2) agreed to reimburse the district for the cost of providing the special notice. 2022 Open Meetings Handbook• Office of the Attorney General 95 361 330 Appendix A: Text of the Open Meetings Act (b) The notice shall be by telephone, facsimile transmission, or electronic mail. § 551.053. District or Political Subdivision Extending Into Four or More Counties: Notice to Public, Secretary of State, and County Clerk; Place of Posting Notice (a) The governing body of a water district or other district or other political subdivision that extends into four or more counties shall: (1) post notice of each meeting at a place convenient to the public in the administrative office of the district or political subdivision; (2) provide notice of each meeting to the secretary of state; and (3) either provide notice of each meeting to the county clerk of the county in which the administrative office of the district or political subdivision is located or post notice of each meeting on the district's or political subdivision's Internet website. (b) The secretary of state shall post the notice provided under Subsection(a)(2) on the Internet. The secretary of state shall provide during regular office hours a computer terminal at a place convenient to the public in the office of the secretary of state that members of the public may use to view the notice. (c) A county clerk shall post a notice provided to the clerk under Subsection(a)(3) on a bulletin board at a place convenient to the public in the county courthouse. §551.054.District or Political Subdivision Extending Into Fewer Than Four Counties:Notice to Public and County Clerks; Place of Posting Notice (a) The governing body of a water district or other district or political subdivision that extends into fewer than four counties shall: (1) post notice of each meeting at a place convenient to the public in the administrative office of the district or political subdivision; and (2) either provide notice of each meeting to the county clerk of each county in which the district or political subdivision is located or post notice of each meeting on the district's or political subdivision's Internet website. (b) A county clerk shall post a notice provided to the clerk under Subsection (a)(2) on a bulletin board at a place convenient to the public in the county courthouse. § 551.055. Institution of Higher Education In addition to providing any other notice required by this subchapter, the governing board of a single institution of higher education: (1) shall post notice of each meeting at the county courthouse of the county in which the meeting will be held; 2022 Open Meetings Handbook• Office of the Attorney General 96 362 331 Appendix A: Text of the Open Meetings Act (2) shall publish notice of a meeting in a student newspaper of the institution if an issue of the newspaper is published between the time of the posting and the time of the meeting; and (3) may post notice of a meeting at another place convenient to the public. § 551.056. Additional Posting Requirements for Certain Municipalities, Counties, School Districts,Junior College Districts,Development Corporations,Authorities,and Joint Boards (a) This section applies only to a governmental body or economic development corporation that maintains an Internet website or for which an Internet website is maintained. This section does not apply to a governmental body described by Section 551.001(3)(D). (b) In addition to the other place at which notice is required to be posted by this subchapter, the following governmental bodies and economic development corporations must also concurrently post notice of a meeting on the Internet website of the governmental body or economic development corporation: (1) a municipality; (2) a county; (3) a school district; (4) the governing body of a junior college or junior college district, including a college or district that has changed its name in accordance with Chapter 130, Education Code; (5) a development corporation organized under the Development Corporation Act(Subtitle C 1, Title 12, Local Government Code); (6) a regional mobility authority included within the meaning of an "authority" as defined by Section 370.003, Transportation Code; and (7) a joint board created under Section 22.074, Transportation Code. (c) The following governmental bodies and economic development corporations must also concurrently post the agenda for the meeting on the Internet website of the governmental body or economic development corporation. (1) a municipality with a population of 48,000 or more; (2) a county with a population of 65,000 or more; (3) a school district that contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more; (4) the governing body of a junior college district, including a district that has changed its name in accordance with Chapter 130, Education Code, that contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more; 2022 Open Meetings Handbook• Office of the Attorney General 97 363 332 Appendix A: Text of the Open Meetings Act (5) a development corporation organized under the Development Corporation Act (Subtitle C1, Title 12, Local Government Code) that was created by or for: (A) a municipality with a population of 48,000 or more; or (B) a county or district that contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more. (6) a regional mobility authority included within the meaning of an "authority" as defined by Section 370.003, Transportation Code. (d) The validity of a posted notice of a meeting or an agenda by a governmental body or economic development corporation subject to this section that made a good faith attempt to comply with the requirements of this section is not affected by a failure to comply with a requirement of this section that is due to a technical problem beyond the control of the governmental body or economic development corporation. SUBCHAPTER D. EXCEPTIONS TO REQUIREMENT THAT MEETINGS BE OPEN § 551.071. Consultation with Attorney; Closed Meeting A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. § 551.072. Deliberation Regarding Real Property; Closed Meeting A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. § 551.0725. Commissioners Courts: Deliberation Regarding Contract Being Negotiated; Closed Meeting (a) The commissioners court of a county may conduct a closed meeting to deliberate business and financial issues relating to a contract being negotiated if, before conducting the closed meeting: 2022 Open Meetings Handbook• Office of the Attorney General 98 364 333 Appendix A: Text of the Open Meetings Act (1) the commissioners court votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person; and (2) the attorney advising the commissioners court issues a written determination that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person. (b) Notwithstanding Section 551.103(a), Government Code, the commissioners court must make a recording of the proceedings of a closed meeting to deliberate the information. § 551.0726. Texas Facilities Commission: Deliberation Regarding Contract Being Negotiated; Closed Meeting (a) The Texas Facilities Commission may conduct a closed meeting to deliberate business and financial issues relating to a contract being negotiated if, before conducting the closed meeting: (1) the commission votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the state in negotiations with a third person; and (2) the attorney advising the commission issues a written determination finding that deliberation in an open meeting would have a detrimental effect on the position of the state in negotiations with a third person and setting forth that finding therein. (b) Notwithstanding Section 551.103(a),the commission must make a recording of the proceedings of a closed meeting held under this section. § 551.073. Deliberation Regarding Prospective Gift; Closed Meeting A governmental body may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the state or the governmental body if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. § 551.074. Personnel Matters; Closed Meeting (a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. 2022 Open Meetings Handbook• Office of the Attorney General 99 365 334 Appendix A: Text of the Open Meetings Act § 551.0745. Personnel Matters Affecting County Advisory Body; Closed Meeting (a) This chapter does not require the commissioners court of a county to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a member of an advisory body; or (2) to hear a complaint or charge against a member of an advisory body. (b) Subsection (a) does not apply if the individual who is the subject of the deliberation or hearing requests a public hearing. §551.075.Conference Relating to Investments and Potential Investments Attended by Board of Trustees of Texas Growth Fund; Closed Meeting (a) This chapter does not require the board of trustees of the Texas growth fund to confer with one or more employees of the Texas growth fund or with a third party in an open meeting if the only purpose of the conference is to: (1) receive information from the employees of the Texas growth fund or the third party relating to an investment or a potential investment by the Texas growth fund in: (A) a private business entity, if disclosure of the information would give advantage to a competitor; or (B) a business entity whose securities are publicly traded,if the investment or potential investment is not required to be registered under the Securities and Exchange Act of 1934 (15 U.S.C. Section 78a et seq.), and its subsequent amendments, and if disclosure of the information would give advantage to a competitor; or (2) question the employees of the Texas growth fund or the third party regarding an investment or potential investment described by Subdivision (1), if disclosure of the information contained in the question or answers would give advantage to a competitor. (b) During a conference under Subsection(a), members of the board of trustees of the Texas growth fund may not deliberate public business or agency policy that affects public business. (c) In this section, "Texas growth fund" means the fund created by Section 70, Article XVI, Texas Constitution. § 551.076. Deliberation Regarding Security Devices or Security Audits; Closed Meeting This chapter does not require a governmental body to conduct an open meeting to deliberate: (1) the deployment,or specific occasions for implementation,of security personnel or devices; or 2022 Open Meetings Handbook• Office of the Attorney General 100 366 335 Appendix A: Text of the Open Meetings Act (2) a security audit. § 551.077.Agency Financed by Federal Government This chapter does not require an agency financed entirely by federal money to conduct an open meeting. § 551.078. Medical Board or Medical Committee This chapter does not require a medical board or medical committee to conduct an open meeting to deliberate the medical or psychiatric records of an individual applicant for a disability benefit from a public retirement system. § 551.0785. Deliberations Involving Medical or Psychiatric Records of Individuals This chapter does not require a benefits appeals committee for a public self-funded health plan or a governmental body that administers a public insurance, health, or retirement plan to conduct an open meeting to deliberate: (1) the medical records or psychiatric records of an individual applicant for a benefit from the plan; or (2) a matter that includes a consideration of information in the medical or psychiatric records of an individual applicant for a benefit from the plan. § 551.079. Texas Department of Insurance (a) The requirements of this chapter do not apply to a meeting of the commissioner of insurance or the commissioner's designee with the board of directors of a guaranty association established under Chapter 2602, Insurance Code, or Article 21.28—C or 21.28—D, Insurance Code,560 in the discharge of the commissioner's duties and responsibilities to regulate and maintain the solvency of a person regulated by the Texas Department of Insurance. (b) The commissioner of insurance may deliberate and determine the appropriate action to be taken concerning the solvency of a person regulated by the Texas Department of Insurance in a closed meeting with persons in one or more of the following categories: (1) staff of the Texas Department of Insurance; (2) a regulated person; (3) representatives of a regulated person; or 560 Now,repealed. 2022 Open Meetings Handbook• Office of the Attorney General 101 367 336 Appendix A: Text of the Open Meetings Act (4) members of the board of directors of a guaranty association established under Chapter 2602, Insurance Code, or Article 21.28—C or 21.28—D, Insurance Code. § 551.080. Board of Pardons and Paroles This chapter does not require the Board of Pardons and Paroles to conduct an open meeting to interview or counsel an inmate of the Texas Department of Criminal Justice. § 551.081. Credit Union Commission This chapter does not require the Credit Union Commission to conduct an open meeting to deliberate a matter made confidential by law. § 551.0811. The Finance Commission of Texas This chapter does not require The Finance Commission of Texas to conduct an open meeting to deliberate a matter made confidential by law. § 551.082. School Children; School District Employees; Disciplinary Matter or Complaint (a) This chapter does not require a school board to conduct an open meeting to deliberate in a case: (1) involving discipline of a public school child; or (2) in which a complaint or charge is brought against an employee of the school district by another employee and the complaint or charge directly results in a need for a hearing. (b) Subsection (a) does not apply if an open hearing is requested in writing by a parent or guardian of the child or by the employee against whom the complaint or charge is brought. § 551.0821. School Board: Personally Identifiable Information about Public School Student (a) This chapter does not require a school board to conduct an open meeting to deliberate a matter regarding a public school student if personally identifiable information about the student will necessarily be revealed by the deliberation. (b) Directory information about a public school student is considered to be personally identifiable information about the student for purposes of Subsection (a) only if a parent or guardian of the student, or the student if the student has attained 18 years of age,has informed the school board,the school district, or a school in the school district that the directory information should not be released without prior consent. In this subsection, "directory information" has the meaning assigned by the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), as amended. 2022 Open Meetings Handbook• Office of the Attorney General 102 368 337 Appendix A: Text of the Open Meetings Act (c) Subsection (a) does not apply if an open meeting about the matter is requested in writing by the parent or guardian of the student or by the student if the student has attained 18 years of age. § 551.083. Certain School Boards; Closed Meeting Regarding Consultation With Representative of Employee Group This chapter does not require a school board operating under a consultation agreement authorized by Section 13.901, Education Code,561 to conduct an open meeting to deliberate the standards, guidelines, terms, or conditions the board will follow, or instruct its representatives to follow, in a consultation with representative of an employee group. § 551.084. Investigation; Exclusion of Witness From Hearing A governmental body that is investigating a matter may exclude a witness from a hearing during the examination of another witness in the investigation. § 551.085. Governing Board of Certain Providers of Health Care Services (a) This chapter does not require the governing board of a municipal hospital, municipal hospital authority,county hospital,county hospital authority,hospital district created under general or special law, or nonprofit health maintenance organization created under Section 534.101,Health and Safety Code,to conduct an open meeting to deliberate: (1) pricing or financial planning information relating to a bid or negotiation for the arrangement or provision of services or product lines to another person if disclosure of the information would give advantage to competitors of the hospital, hospital district, or nonprofit health maintenance organization; or (2) information relating to a proposed new service or product line of the hospital, hospital district, or nonprofit health maintenance organization before publicly announcing the service or product line. (b) The governing board of a health maintenance organization created under Section 281.0515, Health and Safety Code, that is subject to this chapter is not required to conduct an open meeting to deliberate information described by Subsection(a). § 551.086. Certain Public Power Utilities; Competitive Matters (a) Notwithstanding anything in this chapter to the contrary, the rules provided by this section apply to competitive matters of a public power utility. (b) In this section: 56' Now,repealed. 2022 Open Meetings Handbook• Office of the Attorney General 103 369 338 Appendix A: Text of the Open Meetings Act (1) "Public power utility" means an entity providing electric or gas utility services that is subject to the provisions of this chapter. (2) "Public power utility governing body" means the board of trustees or other applicable governing body, including a city council, of a public power utility. (c) This chapter does not require a public power utility governing body to conduct an open meeting to deliberate, vote, or take final action on any competitive matter, as that term is defined by Section 552.133. This section does not limit the right of a public power utility governing body to hold a closed session under any other exception provided for in this chapter. (d) For purposes of Section 551.041,the notice of the subject matter of an item that may be considered as a competitive matter under this section is required to contain no more than a general representation of the subject matter to be considered, such that the competitive activity of the public power utility with respect to the issue in question is not compromised or disclosed. (e) With respect to municipally owned utilities subject to this section, this section shall apply whether or not the municipally owned utility has adopted customer choice or serves in a multiply certificated service area under the Utilities Code. (f) Nothing in this section is intended to preclude the application of the enforcement and remedies provisions of Subchapter G. § 551.087. Deliberation Regarding Economic Development Negotiations; Closed Meeting This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to business prospect described by Subdivision(1). § 551.088. Deliberations Regarding Test Item This chapter does not require a governmental body to conduct an open meeting to deliberate a test item or information related to a test item if the governmental body believes that the test item may be included in a test the governmental body administers to individuals who seek to obtain or renew a license or certificate that is necessary to engage in an activity. § 551.089. Deliberation Regarding Security Devices or Security Audits; Closed Meeting This chapter does not require a governmental body to conduct an open meeting to deliberate: 2022 Open Meetings Handbook• Office of the Attorney General 104 370 339 Appendix A: Text of the Open Meetings Act (1) security assessments or deployments relating to information resources technology; (2) network security information as described by Section 2059.055(b); or (3) the deployment, or specific occasions for implementation, of security personnel, critical infrastructure, or security devices. § 551.090. Enforcement Committee Appointed by Texas State Board of Public Accountancy This chapter does not require an enforcement committee appointed by the Texas State Board of Public Accountancy to conduct an open meeting to investigate and deliberate a disciplinary action under Subchapter K, Chapter 901, Occupations Code, relating to the enforcement of Chapter 901 or the rules of the Texas State Board of Public Accountancy. § 551.091. Commissioners Courts: Deliberation Regarding Disaster or Emergency (a) This section applies only to the commissioners court of a county: (1) for which the governor has issued an executive order or proclamation declaring a state of disaster or a state of emergency; and (2) in which transportation to the meeting location is dangerous or difficult as a result of the disaster or emergency. (b) Notwithstanding any other provision of this chapter and subject to Subsection (c), a commissioners court to which this section applies may hold an open or closed meeting,including a telephone conference call,solely to deliberate about disaster or emergency conditions and related public safety matters that require an immediate response without complying with the requirements of this chapter, including the requirement to provide notice before the meeting or to first convene in an open meeting. (c) To the extent practicable under the circumstances, the commissioners court shall provide reasonable public notice of a meeting under this section and if the meeting is an open meeting allow members of the public and the press to observe the meeting. (d) The commissioners court: (1) may not vote or take final action on a matter during a meeting under this section; and (2) shall prepare and keep minutes or a recording of a meeting under this section and make the minutes or recording available to the public as soon as practicable. (e) This section expires September 1, 2027. 2022 Open Meetings Handbook• Office of the Attorney General 105 371 340 Appendix A: Text of the Open Meetings Act SUBCHAPTER E. PROCEDURES RELATING TO CLOSED MEETING § 551.101. Requirement to First Convene in Open Meeting If a closed meeting is allowed under this chapter, a governmental body may not conduct the closed meeting unless a quorum of the governmental body first convenes in an open meeting for which notice has been given as provided by this chapter and during which the presiding officer publicly: (1) announces that a closed meeting will be held; and (2) identifies the section or sections of this chapter under which the closed meeting is held. § 551.102. Requirement to Vote or Take Final Action in Open Meeting A final action, decision, or vote on a matter deliberated in a closed meeting under this chapter may only be made in an open meeting that is held in compliance with the notice provisions of this chapter. § 551.103. Certified Agenda or Recording Required (a) A governmental body shall either keep a certified agenda or make a recording of the proceedings of each closed meeting, except for a private consultation permitted under Section 551.071. (b) The presiding officer shall certify that an agenda kept under Subsection(a) is a true and correct record of the proceedings. (c) The certified agenda must include: (1) a statement of the subject matter of each deliberation; (2) a record of any further action taken; and (3) an announcement by the presiding officer at the beginning and the end of the meeting indicating the date and time. (d) A recording made under Subsection (a) must include announcements by the presiding officer at the beginning and the end of the meeting indicating the date and time. § 551.104. Certified Agenda or Recording; Preservation; Disclosure (a) A governmental body shall preserve the certified agenda or recording of a closed meeting for at least two years after the date of the meeting. If an action involving the meeting is brought within that period, the governmental body shall preserve the certified agenda or recording while the action is pending. (b) In litigation in a district court involving an alleged violation of this chapter, the court: 2022 Open Meetings Handbook• Office of the Attorney General 106 372 341 Appendix A: Text of the Open Meetings Act (1) is entitled to make an in camera inspection of the certified agenda or recording; (2) may admit all or part of the certified agenda or recording as evidence, on entry of a final judgment; and (3) may grant legal or equitable relief it considers appropriate, including an order that the governmental body make available to the public the certified agenda or recording of any part of a meeting that was required to be open under this chapter. (c) The certified agenda or recording of a closed meeting is available for public inspection and copying only under a court order issued under Subsection(b)(3). SUBCHAPTER F. MEETINGS USING TELEPHONE, VIDEOCONFERENCE, OR INTERNET § 551.121. Governing Board of Institution of Higher Education; Board for Lease of University Lands; Texas Higher Education Coordinating Board: Special Meeting for Immediate Action (a) In this section, "governing board," "institution of higher education," and "university system" have the meanings assigned by Section 61.003, Education Code. (b) This chapter does not prohibit the governing board of an institution of higher education, the Board for Lease of University Lands, or the Texas Higher Education Coordinating Board from holding an open or closed meeting by telephone conference call. (c) A meeting held by telephone conference call authorized by this section may be held only if: (1) the meeting is a special called meeting and immediate action is required; and (2) the convening at one location of a quorum of the governing board, the Board for Lease of University Lands, or the Texas Higher Education Coordinating Board, as applicable, is difficult or impossible. (d) The telephone conference call meeting is subject to the notice requirements applicable to other meetings. (e) The notice of a telephone conference call meeting of a governing board must specify as the location of the meeting the location where meetings of the governing board are usually held. For a meeting of the governing board of a university system, the notice must specify as the location of the meeting the board's conference room at the university system office. For a meeting of the Board for Lease of University Lands, the notice must specify as the location of the meeting a suitable conference or meeting room at The University of Texas System office. For a meeting of the Texas Higher Education Coordinating 2022 Open Meetings Handbook• Office of the Attorney General 107 373 342 Appendix A: Text of the Open Meetings Act Board, the notice must specify as the location of the meeting a suitable conference or meeting room at the offices of the Texas Higher Education Coordinating Board or at an institution of higher education. (f) Each part of the telephone conference call meeting that is required to be open to the public must be: (1) audible to the public at the location specified in the notice of the meeting as the location of the meeting; (2) broadcast over the Internet in the manner prescribed by Section 551.128; and (3) recorded and made available to the public in an online archive located on the Internet website of the entity holding the meeting. § 551.122. Governing Board of Junior College District: Quorum Present at One Location (a) This chapter does not prohibit the governing board of a junior college district from holding an open or closed meeting by telephone conference call. (b) A meeting held by telephone conference call authorized by this section may be held only if a quorum of the governing board is physically present at the location where meetings of the board are usually held. (c) The telephone conference call meeting is subject to the notice requirements applicable to other meetings. (d) Each part of the telephone conference call meeting that is required to be open to the public shall be audible to the public at the location where the quorum is present and shall be recorded. The recording shall be made available to the public. (e) The location of the meeting shall provide two-way communication during the entire telephone conference call meeting, and the identification of each party to the telephone conference shall be clearly stated before the party speaks. (f) The authority provided by this section is in addition to the authority provided by Section 551.121. (g) A member of a governing board of a junior college district who participates in a board meeting by telephone conference call but is not physically present at the location of the meeting is considered to be absent from the meeting for purposes of Section 130.0845, Education Code. § 551.123. Texas Board of Criminal Justice (a) The Texas Board of Criminal Justice may hold an open or closed emergency meeting by telephone conference call. 2022 Open Meetings Handbook• Office of the Attorney General 108 374 343 Appendix A: Text of the Open Meetings Act (b) The portion of the telephone conference call meeting that is open shall be recorded. The recording shall be made available to be heard by the public at one or more places designated by the board. § 551.124. Board of Pardons and Paroles At the call of the presiding officer of the Board of Pardons and Paroles, the board may hold a hearing on clemency matters by telephone conference call. § 551.125. Other Governmental Body (a) Except as otherwise provided by this subchapter, this chapter does not prohibit a governmental body from holding an open or closed meeting by telephone conference call. (b) A meeting held by telephone conference call may be held only if: (1) an emergency or public necessity exists within the meaning of Section 551.045 of this chapter; and (2) the convening at one location of a quorum of the governmental body is difficult or impossible; or (3) the meeting is held by an advisory board. (c) The telephone conference call meeting is subject to the notice requirements applicable to other meetings. (d) The notice of the telephone conference call meeting must specify as the location of the meeting the location where meetings of the governmental body are usually held. (e) Each part of the telephone conference call meeting that is required to be open to the public shall be audible to the public at the location specified in the notice of the meeting as the location of the meeting and shall be recorded. The recording shall be made available to the public. (f) The location designated in the notice as the location of the meeting shall provide two-way communication during the entire telephone conference call meeting and the identification of each party to the telephone conference call shall be clearly stated prior to speaking. § 551.126. Higher Education Coordinating Board (a) In this section, "board"means the Texas Higher Education Coordinating Board. (b) The board may hold an open meeting by telephone conference call or video conference call in order to consider a higher education impact statement if the preparation of a higher education impact statement by the board is to be provided under the rules of either the house of representatives or the senate. 2022 Open Meetings Handbook• Office of the Attorney General 109 375 344 Appendix A: Text of the Open Meetings Act (c) A meeting held by telephone conference call must comply with the procedures described in Section 551.125. (d) A meeting held by video conference call is subject to the notice requirements applicable to other meetings. In addition, a meeting held by video conference call shall: (1) be visible and audible to the public at the location specified in the notice of the meeting as the location of the meeting; (2) be recorded by audio and video; and (3) have two-way audio and video communications with each participant in the meeting during the entire meeting. § 551.127.Videoconference Call (a) Except as otherwise provided by this section, this chapter does not prohibit a governmental body from holding an open or closed meeting by videoconference call. (a-1) A member or employee of a governmental body may participate remotely in a meeting of the governmental body by means of a videoconference call if the video and audio feed of the member's or employee's participation, as applicable, is broadcast live at the meeting and complies with the provisions of this section. (a-2) A member of a governmental body who participates in a meeting as provided by Subsection(a-1) shall be counted as present at the meeting for all purposes. (a-3) A member of a governmental body who participates in a meeting by videoconference call shall be considered absent from any portion of the meeting during which audio or video communication with the member is lost or disconnected. The governmental body may continue the meeting only if a quorum of the body remains present at the meeting location or, if applicable, continues to participate in a meeting conducted under Subsection(c). (b) A meeting may be held by videoconference call only if a quorum of the governmental body is physically present at one location of the meeting, except as provided by Subsection(c). (c) A meeting of a state governmental body or a governmental body that extends into three or more counties may be held by videoconference call only if the member of the governmental body presiding over the meeting is physically present at one location of the meeting that is open to the public during the open portions of the meeting. (d) A meeting held by videoconference call is subject to the notice requirements applicable to other meetings in addition to the notice requirements prescribed by this section. 2022 Open Meetings Handbook• Office of the Attorney General 110 376 345 Appendix A: Text of the Open Meetings Act (e) The notice of a meeting to be held by videoconference call must specify as a location of the meeting the location where a quorum of the governmental body will be physically present and specify the intent to have a quorum present at that location, except that the notice of a meeting to be held by videoconference call under Subsection(c) must specify as a location of the meeting the location where the member of the governmental body presiding over the meeting will be physically present and specify the intent to have the member of the governmental body presiding over the meeting present at that location. The location where the member of the governmental body presiding over the meeting is physically present shall be open to the public during the open portions of the meeting. (f) Each portion of a meeting held by videoconference call that is required to be open to the public shall be visible and audible to the public at the location specified under Subsection(e). If a problem occurs that causes a meeting to no longer be visible and audible to the public at that location,the meeting must be recessed until the problem is resolved. If the problem is not resolved in six hours or less, the meeting must be adjourned. (g) The governmental body shall make at least an audio recording of the meeting. The recording shall be made available to the public. (h) The location specified under Subsection (e), and each remote location from which a member of the governmental body participates, shall have two-way audio and video communication with each other location during the entire meeting. The face of each participant in the videoconference call, while that participant is speaking, shall be clearly visible, and the voice audible, to each other participant and, during the open portion of the meeting, to the members of the public in attendance at a location of the meeting that is open to the public. (i) The Department of Information Resources by rule shall specify minimum standards for audio and video signals at a meeting held by videoconference call. The quality of the audio and video signals perceptible at each location of the meeting must meet or exceed those standards. (j) The audio and video signals perceptible by members of the public at each location of the meeting described by Subsection(h)must be of sufficient quality so that members of the public at each location can observe the demeanor and hear the voice of each participant in the open portion of the meeting. (k) Without regard to whether a member of the governmental body is participating in a meeting from a remote location by videoconference call, a governmental body may allow a member of the public to testify at a meeting from a remote location by videoconference call. § 551.128. Internet Broadcast of Open Meeting (a) In this section, "Internet" means the largest nonproprietary cooperative public computer network, popularly known as the Internet. 2022 Open Meetings Handbook• Office of the Attorney General ill 377 346 Appendix A: Text of the Open Meetings Act (b) Except as provided by Subsection (b-1) and subject to the requirements of this section, a governmental body may broadcast an open meeting over the Internet. (b-1) A transit authority or department subject to Chapter 451, 452, 453, or 460, Transportation Code, an elected school district board of trustees for a school district that has a student enrollment of 10,000 or more, an elected governing body of a home-rule municipality that has a population of 50,000 or more, or a county commissioners court for a county that has a population of 125,000 or more shall: (1) make a video and audio recording of reasonable quality of each: (A) regularly scheduled open meeting that is not a work session or a special called meeting; and (B) open meeting that is a work session or special called meeting if- (i) the governmental body is an elected school district board of trustees for a school district that has a student enrollment of 10,000 or more; and (ii) at the work session or special called meeting, the board of trustees votes on any matter or allows public comment or testimony; and (2) make available an archived copy of the video and audio recording of each meeting described by Subsection(1) on the Internet. (b-2) A governmental body described by Subsection (b-1) may make available the archived recording of a meeting required by Subsection (b-1) on an existing Internet site, including a publicly accessible video-sharing or social networking site. The governmental body is not required to establish a separate Internet site and provide access to archived recordings of meetings from that site. (b-3) A governmental body described by Subsection (b-1) that maintains an Internet site shall make available on that site, in a conspicuous manner: (1) the archived recording of each meeting to which Subsection (b-1) applies; or (2) an accessible link to the archived recording of each such meeting. (b-4) A governmental body described by Subsection(b-1) shall: (1) make the archived recording of each meeting to which Subsection(b-1) applies available on the Internet not later than seven days after the date the recording was made; and (2) maintain the archived recording on the Internet for not less than two years after the date the recording was first made available. (b-5) A governmental body described by Subsection (b-1) is exempt from the requirements of Subsections (b-2) and(b-4) if the governmental body's failure to make the required recording of a meeting available is the result of a 2022 Open Meetings Handbook• Office of the Attorney General 112 378 347 Appendix A: Text of the Open Meetings Act catastrophe, as defined by Section 551.0411, or a technical breakdown. Following a catastrophe or breakdown, a governmental body must make all reasonable efforts to make the required recording available in a timely manner. (b-6) A governmental body described by Subsection(b-1) may broadcast a regularly scheduled open meeting of the body on television. (c) Except as provided by Subsection(b-2), a governmental body that broadcasts a meeting over the Internet shall establish an Internet site and provide access to the broadcast from that site. The governmental body shall provide on the Internet site the same notice of the meeting that the governmental body is required to post under Subchapter C. The notice on the Internet must be posted within the time required for posting notice under Subchapter C. § 551.1281. Governing Board of General Academic Teaching Institution or University System: Internet Posting of Meeting Materials and Broadcast of Open Meeting (a) In this section, "general academic teaching institution"and"university system" have the meanings assigned by Section 61.003, Education Code. (b) The governing board of a general academic teaching institution or of a university system that includes one or more component general academic teaching institutions, for any regularly scheduled meeting of the governing board for which notice is required under this chapter, shall: (1) post as early as practicable in advance of the meeting on the Internet website of the institution or university system,as applicable,any written agenda and related supplemental written materials provided to the governing board members in advance of the meeting by the institution or system for the members'use during the meeting; (2) broadcast the meeting, other than any portions of the meeting closed to the public as authorized by law, over the Internet in the manner prescribed by Section 551.128; and (3) record the broadcast and make the recording publicly available in an online archive located on the institution's or university system's Internet website. (c) Subsection(b)(1)does not apply to written materials that the general counsel or other appropriate attorney for the institution or university system certifies are confidential or may be withheld from public disclosure under Chapter 552. (d) The governing board of a general academic teaching institution or of a university system is not required to comply with the requirements of this section if that compliance is not possible because of an act of God, force majeure, or a similar cause not reasonably within the governing board's control. 2022 Open Meetings Handbook• Office of the Attorney General 113 379 348 Appendix A: Text of the Open Meetings Act § 551.1282. Governing Board of Junior College District: Internet Posting of Meeting Materials and Broadcast of Open Meeting (a) This section applies only to the governing board of a junior college district with a total student enrollment of more than 20,000 in any semester of the preceding academic year. (b) A governing board to which this section applies, for any regularly scheduled meeting of the governing board for which notice is required under this chapter, shall: (1) post as early as practicable in advance of the meeting on the Internet website of the district any written agenda and related supplemental written materials provided by the district to the board members for the members'use during the meeting; (2) broadcast the meeting, other than any portions of the meeting closed to the public as authorized by law, over the Internet in the manner prescribed by Section 551.128; and (3) record the broadcast and make that recording publicly available in an online archive located on the district's Internet website. (c) Subsection(b)(1)does not apply to written materials that the general counsel or other appropriate attorney for the district certifies are confidential or may be withheld from public disclosure under Chapter 552. (d) The governing board of a junior college district is not required to comply with the requirements of this section if that compliance is not possible because of an act of God, force majeure, or a similar cause not reasonably within the governing board's control. § 551.1283. Governing Body of Certain Water Districts: Internet Posting of Meeting Materials; Recording of Certain Hearings (a) This section only applies to a special purpose district subject to Chapter 51, 53, 54, or 55,Water Code, that has a population of 500 or more. (b) On written request of a district resident made to the district not later than the third day before a public hearing to consider the adoption of an ad valorem tax rate, the district shall make an audio recording of reasonable quality of the hearing and provide the recording to the resident in an electronic format not later than the fifth business day after the date of the hearing. The district shall maintain a copy of the recording for at least one year after the date of the hearing. (c) A district shall post the minutes of the meeting of the governing body to the district's Internet website if the district maintains an Internet website. 2022 Open Meetings Handbook• Office of the Attorney General 114 380 349 Appendix A: Text of the Open Meetings Act (d) A district that maintains an Internet website shall post on that website links to any other Internet website or websites the district uses to comply with Section 2051.202 of this code and Section 26.18, Tax Code. (e) Nothing in this chapter shall prohibit a district from allowing a person to watch or listen to a board meeting by video or telephone conference call. § 551.129. Consultations Between Governmental Body and Its Attorney (a) A governmental body may use a telephone conference call, video conference call,or communications over the Internet to conduct a public consultation with its attorney in an open meeting of the governmental body or a private consultation with its attorney in a closed meeting of the governmental body. (b) Each part of the public consultation by a governmental body with it attorney in an open meeting of the governmental body under Subsection (a) must be audible to the public at the location specified in the notice of the meeting as the location of the meeting. (c) Subsection(a) does not: (1) authorize the members of a governmental body to conduct a meeting of the governmental body by telephone conference call, video conference call, or communications over the Internet; or (2) create an exception to the application of this subchapter. (d) Subsection (a) does not apply to a consultation with an attorney who is an employee of the governmental body. (e) For purposes of Subsection (d), an attorney who receives compensation for legal services performed, from which employment taxes are deducted by the governmental body, is an employee of the governmental body. (f) Subsection(d) does not apply to: (1) the governing board of an institution of higher education as defined by Section 61.003, Education Code; or (2) the Texas Higher Education Coordinating Board. §551.130.Board of Trustees of Teacher Retirement System of Texas: Quorum Present at One Location (a) In this section, "board" means the board of trustees of the Teacher Retirement System of Texas. (b) This chapter does not prohibit the board or a board committee from holding an open or closed meeting by telephone conference call. (c) The board or a board committee may hold a meeting by telephone conference call only if a quorum of the applicable board or board committee is physically present at one location of the meeting, 2022 Open Meetings Handbook• Office of the Attorney General 115 381 350 Appendix A: Text of the Open Meetings Act (d) A telephone conference call meeting is subject to the notice requirements applicable to other meetings. The notice must also specify: (1) the location of the meeting where a quorum of the board or board committee, as applicable, will be physically present; and (2) the intent to have a quorum present at that location. (e) The location where a quorum is physically present must be open to the public during the open portions of a telephone conference call meeting. The open portions of the meeting must be audible to the public at the location where the quorum is present and be recorded at that location. The recording shall be made available to the public. (f) The location of the meeting shall provide two-way communication during the entire telephone conference call meeting, and the identification of each party to the telephone conference call must be clearly stated before the party speaks. (g) The authority provided by this section is in addition to the authority provided by Section 551.125. (h) A member of the board who participates in a board or board committee meeting by telephone conference call but is not physically present at the location of the meeting is not considered to be absent from the meeting for any purpose. The vote of a member of the board who participates in a board or board committee meeting by telephone conference call is counted for the purpose of determining the number of votes cast on a motion or other proposition before the board or board committee. (i) A member of the board may participate remotely by telephone conference call instead of by being physically present at the location of a board meeting for not more than one board meeting per calendar year. A board member who participates remotely in any portion of a board meeting by telephone conference call is considered to have participated in the entire board meeting by telephone conference call. For purposes of the limit provided by this subsection, remote participation by telephone conference call in a meeting of a board committee does not count as remote participation by telephone conference call in a meeting of the board, even if: (1) a quorum of the full board attends the board committee meeting; or (2) notice of the board committee meeting is also posted as notice of a board meeting. 0) A person who is not a member of the board may speak at the meeting from a remote location by telephone conference call. § 551.131.Water Districts (a) In this section, "water district" means a river authority, groundwater conservation district, water control and improvement district, or other district 2022 Open Meetings Handbook• Office of the Attorney General 116 382 351 Appendix A: Text of the Open Meetings Act created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution. (b) This section applies only to a water district whose territory includes land in three or more counties. (c) A meeting held by telephone conference call or video conference call authorized by this section may be held only if: (1) the meeting is a special called meeting and immediate action is required; and (2) the convening at one location of a quorum of the governing body of the applicable water district is difficult or impossible. (d) A meeting held by telephone conference call must otherwise comply with the procedures under Sections 551.125(c), (d), (e), and (f). (e) A meeting held by video conference call is subject to the notice requirements applicable to other meetings. In addition, a meeting held by video conference call shall: (1) be visible and audible to the public at the location specified in the notice of the meeting as the location of the meeting; (2) be recorded by audio and video; and (3) have two-way audio and video communications with each participant in the meeting during the entire meeting. SUBCHAPTER G. ENFORCEMENT AND REMEDIES; CRIMINAL VIOLATIONS § 551.141.Action Voidable An action taken by a governmental body in violation of this chapter is voidable. § 551.142. Mandamus; Injunction (a) An interested person, including a member of the news media, may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of this chapter by members of a governmental body. (b) The court may assess costs of litigation and reasonable attorney fees incurred by a plaintiff or defendant who substantially prevails in an action under Subsection(a). In exercising its discretion,the court shall consider whether the action was brought in good faith and whether the conduct of the governmental body had a reasonable basis in law. (c) The attorney general may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of Section 551.045(a-1) by members of a governmental body. 2022 Open Meetings Handbook• Office of the Attorney General 117 383 352 Appendix A: Text of the Open Meetings Act (d) A suit filed by the attorney general under Subsection (c) must be filed in a district court of Travis County. § 551.143. Prohibited Series of Communications; Offense; Penalty (a) A member of a governmental body commits an offense if the member: (1) knowingly engages in at least one communication among a series of communications that each occur outside of a meeting authorized by this chapter and that concern an issue within the jurisdiction of the governmental body in which the members engaging in the individual communications constitute fewer than a quorum of members but the members engaging in the series of communications constitute a quorum of the members; and (2) knew at the time the member engaged in the communication that the series of communications: (A) involved or would involve a quorum; and (B) would constitute a deliberation once a quorum of members engaged in the series of communications. (b) An offense under Subsection(a) is a misdemeanor punishable by: (1) a fine of not less than $100 or more than$500; (2) confinement in the county jail for not less than one month or more than six months; or (3) both the fine and confinement. § 551.144. Closed Meeting; Offense; Penalty (a) A member of a governmental body commits an offense if a closed meeting is not permitted under this chapter and the member knowingly: (1) calls or aids in calling or organizing the closed meeting, whether it is a special or called closed meeting; (2) closes or aids in closing the meeting to the public, if it is a regular meeting; or (3) participates in the closed meeting, whether it is a regular, special, or called meeting. (b) An offense under Subsection(a) is a misdemeanor punishable by: (1) a fine of not less than $100 or more than$500; (2) confinement in the county jail for not less than one month or more than six months; or (3) both the fine and confinement. 2022 Open Meetings Handbook• Office of the Attorney General 118 384 353 Appendix A: Text of the Open Meetings Act (c) It is an affirmative defense to prosecution under Subsection(a)that the member of the governmental body acted in reasonable reliance on a court order or a written interpretation of this chapter contained in an opinion of a court of record, the attorney general, or the attorney for the governmental body. § 551.145. Closed Meeting Without Certified Agenda or Recording; Offense; Penalty (a) A member of a governmental body commits an offense if the member participates in a closed meeting of the governmental body knowing that a certified agenda of the closed meeting is not being kept or that a recording of the closed meeting is not being made. (b) An offense under Subsection(a) is a Class C misdemeanor. §551.146.Disclosure of Certified Agenda or Recording of Closed Meeting; Offense; Penalty; Civil Liability (a) An individual, corporation, or partnership that without lawful authority knowingly discloses to a member of the public the certified agenda or recording of a meeting that was lawfully closed to the public under this chapter: (1) commits an offense; and (2) is liable to a person injured or damaged by the disclosure for: (A) actual damages, including damages for personal injury or damage, lost wages, defamation, or mental or other emotional distress; (B) reasonable attorney fees and court costs; and (C) at the discretion of the trier of fact, exemplary damages. (b) An offense under Subsection(a)(1) is a Class B misdemeanor. (c) It is a defense to prosecution under Subsection(a)(1)and an affirmative defense to a civil action under Subsection(a)(2)that: (1) the defendant had good reason to believe the disclosure was lawful; or (2) the disclosure was the result of a mistake of fact concerning the nature or content of the certified agenda or recording. 2022 Open Meetings Handbook• Office of the Attorney General 119 385 354 Appendix B: Table of Authorities Appendix B: Table of Authorities Cases Acker v. Tex. Water Comm'n, 790 S.W.2d 299 (Tex. 1990)............................................21, 31, 79 Argyle Indep. Sch. Dist. v. Wolf, 234 S.W.3d 229 (Tex. App.—Fort Worth 2007, no pet.) ........40 Asgeirsson v.Abbott, 773 F. Supp. 2d 684 (W.D. Tex. 2011), aff'd, 696 F. 3d 454 (5th Cir. 2012), cert. denied, 568 U.S. 1249 (2013)................................................................................ 76 Austin Transp. Study Pol'y Advisory Comm. v. Sierra Club, 843 S.W.2d 683 (Tex. App. Austin1992, writ denied).......................................................................................................... 71 Axtell v. Univ. of Tex., 69 S.W.3d 261 (Tex. App.—Austin 2002, no pet.) ................................. 60 Bd. of Trs. v. Cox Enters.,Inc.,679 S.W.2d 86(Tex.App.—Texarkana 1984), aff'd in part, rev'd in part on other grounds, 706 S.W.2d 956 (Tex. 1986)................................49, 50, 56, 71 Beasley v. Molett, 95 S.W.3d 590 (Tex. App.—Beaumont 2002,pet. denied)...................... 14, 18 Bexar Medina Atascosa Landowners' Ass'n, 2 S.W.3d 459 (Tex. App.—San Antonio 1999,pet. denied)................................................................................................................21, 81 Blankenship v. Brazos Higher Educ.Auth., Inc., 975 S.W.2d 353 (Tex. App.—Waco 1998, pet. denied)................................................................................................................................ 15 Boston v. Garrison, 256 S.W.2d 67 (Tex. 1953).......................................................................... 70 Bowen v. Calallen Indep. Sch. Dist., 603 S.W.2d 229 (Tex. App.—Corpus Christi 1980, writref d n.r.e.) ......................................................................................................................... 56 Burks v. Yarbrough, 157 S.W.3d 876 (Tex. App.—Houston [14th Dist.] 2005, no pet.) ...... 33, 71 Cameron Cnty. Good Gov't League v. Ramon, 619 S.W.2d 224 (Tex. App.—Beaumont 1981, writ ref n.r.e.) ............................................................................................................... 71 Cent. Power&Light Co v. City of San Juan, 962 S.W.2d 602 (Tex. App.—Corpus Christi 1998, writ dism'd w.o.j.)...........................................................................................................48 Charlestown Homeowners Assn, Inc. v. LaCoke, 507 S.W.2d 876 (Tex. App.—Dallas 1974, writ ref n.r.e.) ...............................................................................................................46 Charlie Thomas Ford,Inc., v.A.C. Collins Ford,Inc.,912 S.W.2d 271 (Tex.App.—Austin 1995, writ dism'd)..................................................................................................................... 31 City of Austin v. Evans, 794 S.W.2d 78 (Tex. App.—Austin 1990, no writ)............................... 15 City of Bells v. Greater Texoma Util. Auth., 744 S.W.2d 636 (Tex. App.—Dallas 1987,no writ) .......................................................................................................................................... 73 City of Brownsville v. Brownsville GMS, Ltd., No. 13-19-00311-CV, 2021 WL 1804388 (Tex. App.—Corpus Christi May 6, 2021, no pet.) .................................................................... 9 2022 Open Meetings Handbook• Office of the Attorney General 120 386 355 Appendix B: Table of Authorities City of Dallas v. Parker, 737 S.W.2d 845 (Tex. App.—Dallas 1987, no writ)......................49, 56 City of Donna v. Ramirez, 548 S.W.3d 26 (Tex. App.—Corpus Christi 2017, pet. denied).. 33, 71 City of Elsa v. Gonzalez, 325 S.W.3d 622 (Tex. 2010)................................................................ 80 City of Farmers Branch v. Ramos, 235 S.W.3d 462 (Tex. App.—Dallas 2007, no pet.)............. 53 City of Fort Worth v. Groves, 746 S.W.2d 907 (Tex. App.—Fort Worth 1988, no writ)............ 71 City of Garland v. Dallas Morning News, 22 S.W.3d 351 (Tex. 2000)....................................... 81 City of Laredo v. Escamilla, 219 S.W.3d 14 (Tex. App.—San Antonio 2006, pet. denied).... 1, 53 City of New Braunfels v. Carowest Land, Ltd., 549 S.W.3d 163 (Tex. App.—Austin 2017, pet. granted,judgm't vacated w.r.m.) ......................................................................................... 7 City of Port Isabel v. Pinnell, 161 S.W.3d 233 (Tex. App.—Corpus Christi 2005, no pet.) ....... 71 City of San Angelo v. Tex. Nat. Res. Conservation Comm'n, 92 S.W.3d 624 (Tex. App. Austin2002, no pet.)................................................................................................................. 32 City of San Antonio v. Aguilar, 670 S.W.2d 681 (Tex. App.—San Antonio 1984, writ dism'd) ......................................................................................................................................48 City of San Antonio v. Fourth Court of Appeals, 820 S.W.2d 762 (Tex. 1991)..... 3, 30, 31, 32, 36 City of San Antonio v. River City Cabaret, Ltd., 32 S.W.3d 291 (Tex. App.—San Antonio 2000,pet. denied)...................................................................................................................... 73 City of San Benito v. Rio Grande Valley Gas Co., 109 S.W.3d 750 (Tex. 2003)......................... 48 City of Stephenville v. Tex. Parks & Wildlife Dep't, 940 S.W.2d 667 (Tex. App.—Austin 1996, writ denied) ..................................................................................................................... 49 Collin Cnty., Tex. v. Homeowners Ass'n for Values Essential to Neighborhoods, 716 F. Supp. 953 (N.D. Tex. 1989)...................................................................................................... 73 Comm'rs Ct. of Limestone Cnty. v. Garrett, 236 S.W. 970 (Tex. [Comm'n Op.] 1922) ...............2 Common Cause v. Metro. TransitAuth., 666 S.W.2d 610 (Tex. App.—Houston [1st Dist.] 1984, writ ref d n.r.e.) ...............................................................................................................43 Cooksey v. State, 377 S.W.3d 901 (Tex. App.—Eastland 2012, no pet.)..................................... 75 Corpus Christi Classroom Tchrs. Ass'n v. Corpus Christi Indep. Sch. Dist., 535 S.W.2d 429 (Tex. Civ. App.—Corpus Christi 1976, no writ) ............................................................... 56 Cox Enters., Inc. v. Bd. of Trs., 706 S.W.2d 956 (Tex. 1986)................................ 1, 30, 32, 45, 51 Dallas Cmy.Flood Control Dist.No. I v. Cross,815 S.W.2d 271 (Tex.App.—Dallas 1991, writdenied) ......................................................................................................................... 55, 73 Dees v.Austin Travis Cnty.Mental Health&Mental Retardation, 860 F. Supp. 1186(W.D. Tex. 1994) ................................................................................................................................. 80 2022 Open Meetings Handbook• Office of the Attorney General 121 387 356 Appendix B: Table of Authorities Elizondo v. Williams, 643 S.W.2d 765 (Tex. App.—San Antonio 1982, no writ)....................... 25 Equal Emp. Opportunity Comm'n v. City of Orange, Tex., 905 F. Supp. 381 (E.D. Tex. 1995).......................................................................................................................................... 69 Esperanza Peace & Just. Ctr. v. City of San Antonio, 316 F. Supp. 2d. 433 (W.D. Tex. 2001).......................................................................................................................................... 24 Faulder v. Tex. Bd. of Pardons &Paroles, 990 S.W.2d 944 (Tex. App.—Austin 1999, pet refd)............................................................................................................................................ 1 Ferris v. Tex. Bd. of Chiropractic Exam'rs, 808 S.W.2d 514 (Tex. App.—Austin 1991, writdenied) ................................................................................................................... 72, 73, 74 Fielding v. Anderson, 911 S.W.2d 858 (Tex. App.—Eastland 1995, writ denied)........................ 1 Finlan v. City of Dallas, 888 F. Supp. 779 (N.D. Tex. 1995)..................................... 17, 53, 54, 65 Fiske v. City of Dallas, 220 S.W.3d 547 (Tex. App.—Texarkana 2007, no pet.)........................ 16 Foreman v. Whitty, 392 S.W.3d 265 (Tex. App.—San Antonio 2012, no pet.)...........................24 Friends of Canyon Lake, Inc. v. Guadalupe-Blanco River Auth., 96 S.W.3d 519 (Tex. App.—Austin 2002, pet. denied) .............................................................................................. 33 Garcia v. City of Kingsville, 641 S.W.2d 339 (Tex. App.—Corpus Christi 1982, no writ).........43 Gardner v. Herring, 21 S.W.3d 767 (Tex. App.—Amarillo 2000, no pet.)........................... 52, 56 Gulf Reg'l Educ. Television Affiliates v. Univ. of Houston, 746 S.W.2d 803 (Tex. App. Houston [14th Dist.] 1988, writ denied) ....................................................................... 14, 22, 49 Harris Cnty. Emergency Serv. Dist. No. 1 v. Harris Cnty. Emergency Corps, 999 S.W.2d 163 (Tex. App.—Houston [14th Dist.] 1999, no pet.)..............................................................25 Hays Cnty. v. Hays Cmy. Water Plan. P'ship, 106 S.W.3d 349 (Tex. App.-Austin 2003, nopet.)....................................................................................................................................... 17 Hays Cnty. v. Hays Cnty. Water Plan. P'ship, 69 S.W.3d 253 (Tex. App.—Austin 2002, nopet.)....................................................................................................................................... 70 Hays Cnty. Water Plan. P'ship v. Hays Cnty., 41 S.W.3d 174 (Tex. App.—Austin 2001, pet. denied).......................................................................................................................... 33, 71 Hill v. Palestine Indep. Sch. Dist., 113 S.W.3d 14 (Tex. App.—Tyler 2000, pet. denied).......... 73 Hispanic Educ. Comm. v. Houston Indep. Sch. Dist., 886 F. Supp. 606 (S.D. Tex. 1994), affd, 68 F.3d 467 (5th Cir. 1995) ............................................................................................. 56 Hitt v. Mabry, 687 S.W.2d 791 (Tex. App.—San Antonio 1985, no writ).............................24, 25 In re City of Galveston, No. 14-14-01005-CV, 2015 WL 971314 (Tex. App.—Houston [14th Dist.] March 3, 2015, orig. proceeding) (mem. op)......................................................... 52 2022 Open Meetings Handbook• Office of the Attorney General 122 388 357 Appendix B: Table of Authorities In re Smith Cmy., 521 S.W.3d 447 (Tex. App.-Tyler 2017, no pet.)......................................... 68 In re The Tex. Senate, 36 S.W.3d 119 (Tex. 2000)................................................................. 19, 20 James v. Hitchcock Indep. Sch. Dist., 742 S.W.2d 701 (Tex. App.-Houston [1st Dist.] 1987, writ denied) ..................................................................................................................... 56 Killam Ranch Props.,Ltd. v. Webb Cmy., 376 S.W.3d 146(Tex. App.-San Antonio 2012, pet. denied)................................................................................................................................ 53 Leftwich v. City of Harlingen, No. 13-20-00110-CV, 2021 WL 4096148 (Tex. App.- Corpus Christi-Edinburg Sept. 9, 2021, no pet.h.)................................................................ 9, 10 Lone Star Greyhound Park, Inc. v. Tex. Racing Comm'n, 863 S.W.2d 742 (Tex. App.- Austin 1993, writ denied).............................................................................................. 32, 51, 52 Lower Colo. River Auth. v. City of San Marcos, 523 S.W.2d 641 (Tex. 1975)...................... 32, 73 Lugo v. Donna Indep. Sch. Dist. Bd. of Trs., 557 S.W.3d 93 (Tex. App.-Corpus Christi 2017, no pet.)............................................................................................................................. 32 Mares v. Tex. Webb. Cnty., 5:18-CV-121, 2020 WL 619902 (S.D. Tex. Feb. 10, 2020)..... 8, 9, 30 Markowski v. City of Marlin, 940 S.W.2d 720 (Tex. App.-Waco 1997, writ denied)...............43 Martin v. Victoria Indep. Sch. Dist., 972 S.W.2d 815 (Tex. App.-Corpus Christi 1998, pet. denied)................................................................................................................................ 70 Martinez v. State, 879 S.W.2d 54 (Tex. Crim. App. 1994) ..............................................45, 51, 77 Matagorda Cmy. Hosp. Dist. v. City of Palacios, 47 S.W.3d 96, (Tex. App.-Corpus Christi2001, no pet.)................................................................................................................. 71 Mayes v. City of De Leon, 922 S.W.2d 200, 203 (Tex. App.-Eastland 1996, writ denied) ....... 32 Nash v. Civil Serv. Comm'n, 864 S.W.2d 163 (Tex. App.-Tyler 1993, no writ).......................49 Olympic Waste Servs. v. City of Grand-Saline, 204 S.W.3d 496 (Tex. App.-Tyler 2006, nopet.)....................................................................................................................................... 53 Piazza v. City of Granger, 909 S.W.2d 529 (Tex. App.-Austin 1995, no writ).........................43 Point Isabel Indep. Sch. Dist. v. Hinojosa, 797 S.W.2d 176 (Tex. App.-Corpus Christi 1990, writ denied) ......................................................................................................... 30, 32, 73 Porth v. Morgan, 622 S.W.2d 470 (Tex. App.-Tyler 1981, writ ref d n.r.e.)...................... 30, 74 Rettberg v. Tex. Dep't of Health, 873 S.W.2d 408, (Tex. App.-Austin 1994, no writ)....... 30, 31 Riley v. Comm'rs Court, 413 S.W.3d 774 (Tex. App.-Austin 2013, pet. denied) ..................... 70 River Rd.Neighborhood Ass'n v. S. Tex. Sports,720 S.W.2d 551 (Tex.App.-San Antonio 1986, writ dism'd)......................................................................................................... 33, 42, 43 Rivera v. City of Laredo, 948 S.W.2d 787 (Tex. App.-San Antonio 1977, writ denied)44, 70, 71 2022 Open Meetings Handbook• Office of the Attorney General 123 389 358 Appendix B: Table of Authorities Rubalcaba v. Raymondville Indep. Sch. Dist., No. 13-14-00224-CV, 2016 WL 1274486 (Tex. App.—Corpus Christi, Mar. 31, 2016, no pet.) (mem. op.) ............................................47 Save Our Springs All., Inc. v.Austin Indep. Sch.Dist.,973 S.W.2d 378(Tex.App.—Austin 1998, no pet.)............................................................................................................................. 54 Save Our Springs All., Inc. v. City of Dripping Springs, 304 S.W.3d 871 (Tex. App. Austin2010,pet. denied) .......................................................................................................... 32 Save Our Springs All., Inc. v. Lowry, 934 S.W.2d 161 (Tex. App.—Austin 1996, orig. proceeding [leave denied])........................................................................................................ 71 Shackelford v. City of Abilene, 585 S.W.2d 665 (Tex. 1979)................................................... 3, 78 Sierra Club v. Austin Transp. StudyPol'yAdvisory Comm., 746 S.W.2d 298 (Tex. App. Austin 1988, writ denied).............................................................................................. 16, 17, 39 Smith Cnty. v. Thornton, 726 S.W.2d 2 (Tex. 1986) .................................................................... 39 Spiller v. Tex. Dep't of Ins., 949 S.W.2d 548 (Tex. App.—Austin 1997, writ denied)................48 Standley v. Sansom, 367 S.W.3d 343 (Tex. App.—San Antonio 2012,pet. denied)................... 51 State v. Williams, 780 S.W.2d 891 (Tex. App.—San Antonio 1989, no writ)............................. 70 Stockdale v. Meno, 867 S.W.2d 123 (Tex. App.—Austin 1993, writ denied)........................ 31, 32 Stratta v. Roe, 961 F.3d 340 (5th. Cir. 2020).............................................................................. 7, 8 Swate v. Medina Cmty. Hosp., 966 S.W.2d 693 (Tex. App.—San Antonio 1998, pet. denied).................................................................................................................................48, 56 Tarrant Reg'l Water Dist. v. Bennett, 453 S.W.3d 51, 58 (Tex. App.—Fort Worth 2014, pet. denied)................................................................................................................................ 18 Terrell v. Pampa Indep. Sch. Dist., 345 S.W.3d 641(Tex. App.—Amarillo 2011, pet. denied)....................................................................................................................................... 40 Terrell v. Pampa Indep. Sch. Dist., 572 S.W.3d 294 (Tex. App.—Amarillo 2019, pet. denied)....................................................................................................................................... 37 Tex. State Bd. of Dental Exam'rs v. Silagi, 766 S.W.2d 280 (Tex. App.—El Paso 1989, writdenied) ................................................................................................................................. 2 Tex. State Bd. of Pub. Accountancy v. Bass, 366 S.W.3d 751 (Tex. App.—Austin 2012,no pet.)................................................................................................................................47, 48, 52 Tex. Tpk. Auth. v. City of Fort Worth, 554 S.W.2d 675 (Tex. 1977)............................................ 31 Thompson v. City of Austin, 979 S.W.2d 676 (Tex. App.—Austin 1998, no pet.)....................... 56 Tovar v. State, 978 S.W.2d 584 (Tex. Crim. App. 1998)............................................................. 77 2022 Open Meetings Handbook• Office of the Attorney General 124 390 359 Appendix B: Table of Authorities Town of Shady Shores v. Swanson, 544 S.W.3d 426 (Tex. App.—Fort Worth 2018), rev'd in part, 590 S.W.3d 544 (2019) .................................................................................................. 7 Town of Shady Shores v. Swanson, 590 S.W.3d 544 (Tex. 2019)............................................ 7, 71 Toyah Indep. Sch. Dist. v. Pecos-Barstow Indep. Sch. Dist.,466 S.W.2d 377 (Tex. App. San Antonio 1971, no writ)....................................................................................... 1, 48, 49, 73 Tyler v. City of Manhattan, 849 F. Supp. 1429 (D. Kan. 1994) ............................................. 79, 80 United Indep. Sch. Dist. v. Gonzalez, 911 S.W.2d 118 (Tex. App.—San Antonio 1995), writ denied, 940 S.W.2d 593 (Tex. 1996)................................................................................. 59 Washington v. Burley, 930 F. Supp. 2d 790, 807 (S.D. Tex. 2013) ............................................. 31 Weatherford v. City of San Marcos, 157 S.W.3d 473 (Tex.App.—Austin 2004,pet.denied) ................................................................................................................................................... 52 Webster v. Tex. &Pac. Motor Transp. Co., 166 S.W.2d 75 (Tex. 1942)............................. 1, 2, 48 Willmann v. City of San Antonio, 123 S.W.3d 469 (Tex. App.—San Antonio 2003, pet. denied)................................................................................................................................... 1, 17 York v. Tex. Guaranteed Student Loan Corp., 408 S.W.3d 677 (Tex. App.—Austin 2013, nopet.)................................................................................................................................. 66, 81 2022 Open Meetings Handbook• Office of the Attorney General 125 391 360 Appendix B: Table of Authorities Statutes 20 U.S.C.A. § 1232g..................................................................................................................... 60 42 U.S.C.A. § 12102(1)................................................................................................................ 80 42 U.S.C.A. § 12131-12165......................................................................................................... 79 42 U.S.C.A. § 12132..................................................................................................................... 79 42 U.S.C.A. § 9901-9926............................................................................................................. 13 TEX. AGRIC. CODE§ 41.205(b)..................................................................................................... 26 TEX. AGRIC. CODE § 62.0021(a)................................................................................................... 26 TEX.AGRIC. CODE§ 74.1041(e) ................................................................................................... 18 TEX. CONST. art. III, § 11 .............................................................................................................. 20 TEX. EDUC. CODE § 1.006(b) ........................................................................................................ 18 TEX. EDUC. CODE § 12.1051 ................................................................................................... 19, 78 TEX. ELEC. CODE § 31.033(d)....................................................................................................... 78 TEX. ELEC. CODE § 31.155(d)....................................................................................................... 78 TEX.FAM. CODE§ 264.005(g) ...................................................................................................... 63 TEX.FIN. CODE§ 11.106(C) .......................................................................................................... 26 TEX. Gov'T CODE§ 2001.001(1).................................................................................................. 79 TEX. Gov'T CODE § 2001.003(1), (6)........................................................................................... 79 TEX. Gov'T CODE § 2001.003(7).................................................................................................. 79 TEX. Gov'T CODE§ 2001.061....................................................................................................... 79 TEX. Gov'T CODE§ 2001.083....................................................................................................... 79 TEX. Gov'T CODE § 2002.011(3):................................................................................................. 37 TEX. Gov'T CODE§ 2051.202................................................................................................... 5, 67 TEX. Gov'T CODE § 2059.001—.153 ............................................................................................. 62 TEX. Gov'T CODE§ 311.001—.034.................................................................................................. 2 TEX. Gov'T CODE§ 311.013........................................................................................................... 2 TEX. Gov'T CODE § 312.004 .......................................................................................................... 2 TEX. Gov'T CODE§ 322.003(d).................................................................................................... 26 TEX. Gov'T CODE§ 402.028(a).................................................................................................... 70 2022 Open Meetings Handbook• Office of the Attorney General 126 392 361 Appendix B: Table of Authorities TEX. Gov'T CODE § 402.041-.045 ............................................................................................... 81 TEX. Gov'T CODE § 418.1102(b).................................................................................................... 2 TEX. Gov'T CODE§ 418.183(a).................................................................................................... 63 TEX. Gov'T CODE§ 418.183(f)..................................................................................................... 63 TEX. Gov'T CODE § 436.054 ........................................................................................................ 26 TEX. Gov'T CODE § 441.180(11).................................................................................................. 82 TEX. Gov'T CODE § 441.180-.205 ............................................................................................... 82 TEX. Gov'T CODE § 441.183 ........................................................................................................ 82 TEX. Gov'T CODE § 441.185(a).................................................................................................... 82 TEX. Gov'T CODE § 441.187 ........................................................................................................ 83 TEX. Gov'T CODE§ 501.139(b).................................................................................................... 26 TEX. Gov'T CODE § 531.0165 ...................................................................................................... 29 TEX. Gov'T CODE§ 551.001(2)........................................................................................ 21, 22, 45 TEX. Gov'T CODE§ 551.001(3).............................................................................................. 19, 22 TEX. Gov'T CODE§ 551.001(3)(A)......................................................................................... 14, 46 TEX. Gov'T CODE § 551.001(3)(B)-(L) ....................................................................................... 46 TEX. Gov'T CODE§ 551.001(3)(D) .............................................................................................. 15 TEX. Gov'T CODE§ 551.001(3)(H)............................................................................................... 16 TEX. Gov'T CODE§ 551.001(3)(J)-(K)........................................................................................ 19 TEX. Gov'T CODE§ 551.001(4).............................................................................................. 14, 45 TEX. Gov'T CODE§ 551.001(4)(A) ........................................................................................ 21, 23 TEX. Gov'T CODE§ 551.001(4)(B)............................................................................................... 23 TEX. Gov'T CODE§ 551.001(4)(B)(iv).........................................................................................46 TEX. Gov'T CODE§ 551.001(6)...................................................................................................... 2 TEX. Gov'T CODE§ 551.0015....................................................................................................... 14 TEX. Gov'T CODE§ 551.002......................................................................................................... 21 TEX. Gov'T CODE § 551.003 ........................................................................................................ 14 TEX. Gov'T CODE§ 551.0035....................................................................................................... 36 TEX. Gov'T CODE§ 551.004......................................................................................................... 78 2022 Open Meetings Handbook• Office of the Attorney General 127 393 362 Appendix B: Table of Authorities TEX. Gov'T CODE § 551.006 ........................................................................................................ 24 TEX. Gov'T CODE § 551.006(b).................................................................................................... 24 TEX. Gov'T CODE § 551.006(c).................................................................................................... 24 TEX. Gov'T CODE § 551.006(d).................................................................................................... 24 TEX. Gov'T CODE § 551.006(e).................................................................................................... 24 TEX. Gov'T CODE § 551.007 ........................................................................................................46 TEX. Gov'T CODE § 551.007(a).................................................................................................... 46 TEX. Gov'T CODE § 551.007(b).............................................................................................. 10, 46 TEX. Gov'T CODE § 551.007(c).................................................................................................... 46 TEX. Gov'T CODE § 551.007(d).................................................................................................... 46 TEX. Gov'T CODE § 551.007(e).................................................................................................... 46 TEX. Gov'T CODE§ 551.021......................................................................................................... 66 TEX. Gov'T CODE § 551.021(a).................................................................................................... 82 TEX. Gov'T CODE§ 551.022......................................................................................................... 66 TEX. Gov'T CODE§ 551.023.........................................................................................................47 TEX. Gov'T CODE§ 551.041......................................................................................................... 30 TEX. Gov'T CODE§ 5 51.0411(a)..................................................................................................44 TEX. Gov'T CODE§ 551.0411(c)..................................................................................................44 TEX. Gov'T CODE§ 551.0415(a).................................................................................................. 34 TEX. Gov'T CODE § 551.0415(b).................................................................................................. 34 TEX. Gov'T CODE§ 551.042................................................................................................... 33, 47 TEX. Gov'T CODE § 551.043(a).................................................................................................... 34 TEX. Gov'T CODE § 551.043(b).................................................................................................... 35 TEX. Gov'T CODE § 551.043(b)(3)............................................................................................... 36 TEX. Gov'T CODE § 551.044 ........................................................................................................ 35 TEX. Gov'T CODE § 551.045 ........................................................................................................42 TEX. Gov'T CODE§ 551.045(a) .................................................................................................... 42 TEX. Gov'T CODE § 551.045(a-1)................................................................................................. 43 TEX. Gov'T CODE § 551.045(b).................................................................................................... 42 2022 Open Meetings Handbook• Office of the Attorney General 128 394 363 Appendix B: Table of Authorities TEX. Gov'T CODE § 551.045(c)....................................................................................................42 TEX. Gov'T CODE§ 551.046................................................................................................... 35, 36 TEX. Gov'T CODE § 551.047(b)....................................................................................................42 TEX. Gov'T CODE § 551.047(c)....................................................................................................42 TEX. Gov'T CODE§ 551.056(b)....................................................................................................40 TEX. Gov'T CODE§ 551.056(c)(1)—(2).........................................................................................40 TEX. Gov'T CODE § 551.056(c)(3)—(6).........................................................................................40 TEX. Gov'T CODE § 551.056(d)....................................................................................................40 TEX. Gov'T CODE§ 551.071......................................................................................................... 52 TEX. Gov'T CODE§ 551.071(1).................................................................................................... 52 TEX. Gov'T CODE§ 551.071(2).................................................................................................... 52 TEX. Gov'T CODE§ 551.071—.091................................................................................................ 51 TEX. Gov'T CODE§ 551.072......................................................................................................... 53 TEX. Gov'T CODE§ 551.0725(b).................................................................................................. 67 TEX. Gov'T CODE§ 551.0726....................................................................................................... 55 TEX. Gov'T CODE§ 551.0726(b).................................................................................................. 67 TEX. Gov'T CODE§ 551.073......................................................................................................... 55 TEX. Gov'T CODE§ 551.074......................................................................................................... 55 TEX. Gov'T CODE§ 551.074(b).................................................................................................... 56 TEX. Gov'T CODE§ 551.0745....................................................................................................... 56 TEX. Gov'T CODE § 551.075 ........................................................................................................ 57 TEX. Gov'T CODE § 551.076 ........................................................................................................ 57 TEX. Gov'T CODE§ 551.077................................................................................................... 13, 57 TEX. Gov'T CODE§ 551.078......................................................................................................... 57 TEX. Gov'T CODE§ 551.0785....................................................................................................... 57 TEX. Gov'T CODE§ 551.082......................................................................................................... 59 TEX. Gov'T CODE§ 551.085......................................................................................................... 60 TEX. Gov'T CODE§ 551.086......................................................................................................... 61 TEX. Gov'T CODE § 551.086(b)(1)............................................................................................... 61 2022 Open Meetings Handbook• Office of the Attorney General 129 395 364 Appendix B: Table of Authorities TEX. Gov'T CODE § 551.086(c).................................................................................................... 61 TEX. Gov'T CODE § 551.086(d).................................................................................................... 61 TEX. Gov'T CODE§ 551.087......................................................................................................... 61 TEX. Gov'T CODE§ 551.088......................................................................................................... 62 TEX. Gov'T CODE§ 551.089......................................................................................................... 62 TEX. Gov'T CODE§ 551.090......................................................................................................... 62 TEX. Gov'T CODE§ 551.091(a).............................................................................................. 26, 43 TEX. Gov'T CODE § 551.091(a)—(b) ............................................................................................. 63 TEX. Gov'T CODE§ 551.091(b).................................................................................. 26, 30, 43, 45 TEX. Gov'T CODE § 551.091(c)....................................................................................................43 TEX. Gov'T CODE § 551.091(d)(1)...............................................................................................43 TEX. Gov'T CODE § 551.091(d)(2)......................................................................................... 44, 67 TEX. Gov'T CODE § 551.091(e)........................................................................................ 26, 44, 63 TEX. Gov'T CODE§ 551.101............................................................................................... 1, 45, 51 TEX. Gov'T CODE§ 551.102................................................................................................... 47, 49 TEX. Gov'T CODE § 551.103 ........................................................................................................ 82 TEX. Gov'T CODE§ 551.103(a).................................................................................................... 67 TEX. Gov'T CODE§ 551.103(b).................................................................................................... 67 TEX. Gov'T CODE§ 551.103(c).................................................................................................... 67 TEX. Gov'T CODE§ 551.104................................................................................................... 68, 82 TEX. Gov'T CODE § 551.104(a).................................................................................................... 68 TEX. Gov'T CODE § 551.121(c).................................................................................................... 25 TEX. Gov'T CODE§ 551.121—.126................................................................................................ 25 TEX. Gov'T CODE§ 551.123......................................................................................................... 25 TEX. Gov'T CODE § 551.124 ........................................................................................................ 25 TEX. Gov'T CODE § 551.125(b).................................................................................................... 25 TEX. Gov'T CODE§ 551.125(b)—(f).............................................................................................. 25 TEX. Gov'T CODE§ 551.127......................................................................................................... 26 TEX. Gov'T CODE§ 551.127(a).................................................................................................... 27 2022 Open Meetings Handbook• Office of the Attorney General 130 396 365 Appendix B: Table of Authorities TEX. Gov'T CODE§ 551.127(a-1)................................................................................................. 27 TEX. Gov'T CODE § 551.127(a-2)................................................................................................. 28 TEX. Gov'T CODE § 551.127(a-3)................................................................................................. 28 TEX. Gov'T CODE § 551.127(b).................................................................................................... 27 TEX. Gov'T CODE § 551.127(c).................................................................................................... 27 TEX. Gov'T CODE § 551.127(d).................................................................................................... 27 TEX. Gov'T CODE§ 551.127(e).................................................................................................... 27 TEX. Gov'T CODE § 551.127(fl .................................................................................................... 28 TEX. Gov'T CODE § 551.127(g).................................................................................................... 28 TEX. Gov'T CODE § 551.127(h).................................................................................................... 27 TEX. Gov'T CODE § 551.127(i)..................................................................................................... 28 TEX. Gov'T CODE § 551.1270)..................................................................................................... 27 TEX. Gov'T CODE § 551.127(k).................................................................................................... 28 TEX. Gov'T CODE§ 551.128(b).................................................................................................... 28 TEX. Gov'T CODE § 551.128(b-1) ................................................................................................ 28 TEX. Gov'T CODE § 551.128(b-1)(1)............................................................................................ 29 TEX. Gov'T CODE § 551.128(b-1)(B)........................................................................................... 29 TEX. Gov'T CODE § 551.128(b-2) ................................................................................................ 29 TEX. Gov'T CODE § 551.128(b-4)(1)............................................................................................ 29 TEX. Gov'T CODE§ 551.128(b-4)(2)............................................................................................ 29 TEX. Gov'T CODE§ 551.1281—.1282...................................................................................... 29, 41 TEX. Gov'T CODE § 551.1283(a)—(b) ........................................................................................... 66 TEX. Gov'T CODE § 551.1283(a)—(c) ............................................................................................. 5 TEX. Gov'T CODE § 551.1283(b).................................................................................................. 67 TEX. Gov'T CODE § 551.1283(d).................................................................................................. 67 TEX. Gov'T CODE§ 551.1283(e).............................................................................................. 5, 28 TEX. Gov'T CODE§ 551.129(a), (d) ............................................................................................. 26 TEX. Gov'T CODE § 551.129(e).................................................................................................... 26 TEX. Gov'T CODE § 551.129(fl. ................................................................................................... 26 2022 Open Meetings Handbook• Office of the Attorney General 131 397 366 Appendix B: Table of Authorities TEX. Gov'T CODE § 551.129-.131 ............................................................................................... 25 TEX. Gov'T CODE § 551.130 ........................................................................................................ 26 TEX. Gov'T CODE§ 551.141............................................................................................. 30, 39, 72 TEX. Gov'T CODE§ 551.142......................................................................................................... 70 TEX. Gov'T CODE§ 551.142(a).................................................................................................... 71 TEX. Gov'T CODE§ 551.142(b).................................................................................................... 71 TEX. Gov'T CODE § 551.142(c).............................................................................................. 43, 72 TEX. Gov'T CODE § 551.142(d).................................................................................................... 43 TEX. Gov'T CODE§ 551.143......................................................................................................... 76 TEX. Gov'T CODE§ 551.143(a).................................................................................................... 24 TEX. Gov'T CODE§ 551.143(a)(1) ............................................................................................... 24 TEX. Gov'T CODE§ 551.143(a)(2) ............................................................................................... 24 TEX. Gov'T CODE§ 551.144......................................................................................................... 77 TEX. Gov'T CODE§ 551.144(c).................................................................................................... 77 TEX. Gov'T CODE§ 551.145................................................................................................... 67, 74 TEX. Gov'T CODE§ 551.146................................................................................................... 68, 75 TEX. Gov'T CODE§ 551.146(a)(2) ............................................................................................... 72 TEX. Gov'T CODE § 552.001-.376 ............................................................................................... 82 TEX. Gov'T CODE § 552.003(1)(A)(xi) ........................................................................................ 19 TEX. Gov'T CODE§ 552.003(1)(A)(xiv)....................................................................................... 81 TEX. Gov'T CODE § 552.004 ........................................................................................................ 82 TEX. Gov'T CODE § 552.133(a-1)................................................................................................. 61 TEX. Gov'T CODE § 552.133(a-1)(1)(A)-(F) ............................................................................... 61 TEX. Gov'T CODE § 552.133(a-1)(2)(A)-(0)............................................................................... 61 TEX. Gov'T CODE§ 552.301-.309................................................................................................ 81 TEX. Gov'T CODE § 552.321-.327 ............................................................................................... 81 TEX. Gov'T CODE ch. 552....................................................................................................... 68, 81 TEX.HEALTH&SAFETY CODE§ 104.0155(e) .............................................................................. 18 TEX.HEALTH&SAFETY CODE§ 436.108(f)................................................................................. 63 2022 Open Meetings Handbook• Office of the Attorney General 132 398 367 Appendix B: Table of Authorities TEX. HEALTH& SAFETY CODE§ 534.101-.124............................................................................ 60 TEX. HEALTH& SAFETY CODE§ 85.276(d) .................................................................................. 15 TEX.LAB. CODE§ 401.021(3)....................................................................................................... 63 TEX.Loc. Gov'T CODE§ 118.011(c) ...........................................................................................44 TEX.Loc. Gov'T CODE § 152.013(b)........................................................................................... 78 TEX. Loc. Gov'T CODE§ 161.172(b) ........................................................................................... 63 TEX. Loc. Gov'T CODE § 201.001-205.009................................................................................. 82 TEX. Loc. Gov'T CODE § 201.003(8)........................................................................................... 82 TEX.Loc. Gov'T CODE § 202.001-.009....................................................................................... 83 TEX.Loc. Gov'T CODE § 203.002................................................................................................ 82 TEX.Loc. Gov'T CODE § 203.005................................................................................................ 82 TEX. Loc. Gov'T CODE § 203.021................................................................................................ 82 TEX. Loc. Gov'T CODE § 203.042(b)(2) ...................................................................................... 82 TEX.Loc. Gov'T CODE§ 211.006................................................................................................ 78 TEX.Loc. Gov'T CODE§ 211.0075.............................................................................................. 18 TEX.Loc. Gov'T CODE§ 363.105.................................................................................................. 2 TEX.Loc. Gov'T CODE§ 501.072................................................................................................ 19 TEX. Loc. Gov'T CODE§ 504.054................................................................................................45 TEX.Loc. Gov'T CODE§ 504.055................................................................................................45 TEX.Loc. Gov'T CODE§ 81.001(b) ............................................................................................. 27 TEX.Loc. Gov'T CODE§ 81.006.................................................................................................... 2 TEX. OCC. CODE § 152.009(c)....................................................................................................... 63 TEX. OCC. CODE § 901.501-.511 .................................................................................................. 62 TEX. PENAL CODE§ 6.03(b).......................................................................................................... 75 TEX. PROP. CODE § 209.0051(b)(1) .............................................................................................. 14 TEX.PROP. CODE § 209.0051(c) ................................................................................................... 14 TEX. TAX CODE § 26.18............................................................................................................ 5, 67 TEX. TAX CODE § 41.66(d-1) ........................................................................................................ 63 TEX. TRANSP. CODE § 201.054........................................................................................................ 3 2022 Open Meetings Handbook• Office of the Attorney General 133 399 368 Appendix B: Table of Authorities TEX.TRANsp. CODE § 472.036...................................................................................................... 29 TEX.WATER CODE § 16.053(h)(12).............................................................................................. 78 TEX.WATER CODE § 49.062......................................................................................................... 45 TEX.WATER CODE § 49.064......................................................................................................... 18 2022 Open Meetings Handbook• Office of the Attorney General 134 400 369 Appendix C: Governor Abbott's Suspension Letter Appendix C: Text of Governor Abbott's 2020 Suspension Letter562 Office of the Attorney General (OAG): The Office of the Governor is in receipt of OAG's request to temporarily suspend certain open-meeting provisions of Texas law. OAG asserts that strict compliance with these laws could prevent, hinder, or delay necessary action by numerous governmental bodies in relation to efforts to cope with the COVID-19 disaster. State and local officials can slow the spread of COVID-19 by avoiding meetings that bring many people into congregate settings. OAG has identified provisions that frustrate this public-health goal by requiring that government officials, members of their staff, and members of the public be physically present at a specified meeting location. OAG's request would relax these open-meeting requirements to allow for telephonic or videoconference meetings of governmental bodies, without the need for face-to-face contact during a pandemic. COVID-19 notwithstanding, Texans deserve transparency in government. To that end, OAG's request would leave important open-meeting protections in place. A governmental body would still be required to give the public written notice before holding a telephonic or videoconference meeting. See, e.g., TEx. GOVT CODE §§ 551.041, 551.043-551.044, 551.125(c), 551.127(d), 551.141. A governmental body would still have to provide the public with a recording of the telephonic or videoconference meeting. See, e.g., id. §§ 551.125(e), 551.127(g). And members of the public would still be entitled to participate and address the governmental body during the telephonic or videoconference meeting, perhaps through a dial-in number or videoconference software. See, e.g., id. §§ 551.007(b), 551.125(e). Accordingly, the Office of the Governor agrees that it is appropriate to suspend certain open-meeting provisions, subject in each case to the following conditions that will apply to any governmental body invoking this suspension: • The requisite notice of a telephonic or videoconference meeting must comply with existing law on meeting notices and also must include in the meeting notice a toll-free dial-in number or a free-of-charge videoconference link that provides two- way communication for members of the public to both hear the meeting and address the governmental body. • If a governmental body prepares an agenda packet that would have publicly circulated in hard copy at a face-to-face meeting, an electronic copy of the agenda packet must be posted with the agenda to allow members of the public to follow along with the telephonic or videoconference meeting. 162 Though the suspensions have been lifted,the text of the Governor's letter is reproduced here for reference. As of September 1,2021,the Act is applicable in its entirety. 2022 Open Meetings Handbook• Office of the Attorney General 135 401 370 Appendix C: Governor Abbott's Suspension Letter • The public must be provided access to a recording of any telephonic or videoconference meeting. In answering open-meeting questions during this disaster, OAG should remind state and local officials of the many requirements that remain in place during this temporary suspension. OAG's request recognizes that transparency is essential at this time, even if face-to-face contact is not. In accordance with section 418.016 of the Texas Government Code, and subject to the conditions set forth above, the Office of the Governor suspends the following statutes to the extent necessary to allow telephonic or videoconference meetings and to avoid congregate settings in physical locations: • those statutes that require a quorum or a presiding officer to be physically present at the specified location of the meeting; provided, however, that a quorum still must participate in the telephonic or videoconference meeting o TEX. GOVT CODE § 551.122(b) o TEX. GOVT CODE § 551.127(a-3), (b)—(c), (e), (h)—(i) o TEX. GOVT CODE § 551.130(c)—(d), (i) o TEX. GOVT CODE § 322.003(d), (e)(2) o TEX. GOVT CODE § 845.007(f)(2) o TEX. GOVT CODE § 855.007(f)(2) o TEX. CIV. PRAC. & REM. CODE § 74.102(f) o TEX. INS. CODE § 2151.057(d)(1) o TEX. LOCAL GOVT CODE § 379B.0085(a) • those that require physical posting of a notice; provided, however, that the online notice must include a toll-free dial-in number or a free-of-charge videoconference link, along with an electronic copy of any agenda packet o TEX. GOVT CODE § 551.043(b)(2)—(3) o TEX. GOVT CODE §§ 551.049-551.051 • those that require the telephonic or videoconference meeting to be audible to members of the public who are physically present at the specified location of the meeting; provided, however, that the dial-in number or videoconference link provided in the notice must make the meeting audible to members of the public and allow for their two-way communication; and further provided that a recording of the meeting must be made available to the public o TEX. GOVT CODE § 551.121(f)(1) 2022 Open Meetings Handbook• Office of the Attorney General 136 402 371 Appendix C: Governor Abbott's Suspension Letter o TEX. GOVT CODE § 551.122(d) o TEX. GOVT CODE § 551.125(e)—(f) o TEX. GOVT CODE § 551.126(d)(1) o TEX. GOVT CODE § 551.127(f), 0) o TEX. GOVT CODE § 551.130(e)—(f) o TEX. GOVT CODE § 551.131(e)(1) o TEX. GOVT CODE § 322.003(e)(3) o TEX. GOVT CODE § 436.054(e) o TEX. GOVT CODE § 845.007(f)(3) o TEX. GOVT CODE § 855.007(f)(3) o TEX.AGRIC. CODE § 41.061(c)—(d) o TEX.AGRIC. CODE § 41.1565(c)—(d) o TEX.AGRIC. CODE § 41.205(d)—(e) o TEX.AGRIC. CODE § 62.002 1(c)—(d) o TEX. EDUC. CODE § 66.08(h)(2)(B) o TEX. FAM. CODE § 264.504(e) o TEX. FIN. CODE § 11.106(c)(4)—(5) o TEX. FIN. CODE § 154.355(d)(2)—(3) o TEX. INS. CODE § 462.059(a)(1), (c) o TEX. INS. CODE § 463.059(d) o TEX. INS. CODE § 2151.057(e) o TEX. INS. CODE § 2210.1051(b)(2)—(3) o TEX. INS. CODE § 2211.0521(b)(2)—(3) o TEX. LOCAL GOVT CODE § 379B.0085(b)(2)—(3) o TEX. SPEC. Loc. DIST. CODE § 9601.056(c) o TEX. TRANSP. CODE § 173.106(e)—(f) o TEX. TRANSP. CODE § 366.262(c)—(d) o TEX. TRANSP. CODE § 370.262(c)—(d) • those that may be interpreted to require face-to-face interaction between members of the public and public officials; provided, however, that governmental bodies must offer alternative methods of communicating with their public officials o TEX. GOVT CODE § 551.007(b) o TEX. GOVT CODE § 551.125(b)(1), (d) This suspension is in effect until terminated by the Office of the Governor or until the March 13, 2020 disaster declaration is lifted or expires. Thank you, James P. Sullivan 2022 Open Meetings Handbook• Office of the Attorney General 137 403 372 Appendix C: Governor Abbott's Suspension Letter Deputy General Counsel Office of Governor Greg Abbott 2022 Open Meetings Handbook• Office of the Attorney General 138 404 373 f l o de�e�e 0 �eNu "Management is 0 D doing things right. V - Leadership is doing the right things." operations. Your primary role is to set policy and Warren Bennis — direction for the city. For example, instead of spending time reviewing invoices, make sure you have a good purchasing practice in place for generating invoices. 1. Allot ample time to be effective in your public service 6. Take your budget preparation role seriously. The role. Your most important responsibility as a mayor or budget is your policy development tool and road map. councilmember is participation at council meetings,but It determines what your city does or doesn't do in the attending meetings isn't enough. Research, study, and coming year. When budget cutbacks are necessary, discuss the issues; keep yourself informed. ensure adequate funding for activities that are vital to city operations. 2. Pace yourself. Prioritize the meetings you attend. Recognize the need to spend time with your family, 7� Be aware of the little things. While little things can go and achieve a healthy work/Life balance. unnoticed, it's often those tiny details that require the most attention. 3. Deliver on your promises. Most major decisions and 8 Establish policy statements. Written policy statements actions require approval of the governing body, which Let the public and city staff know where they stand, takes a majority vote. and help the governing body govern. Written policy 4. Treat your colleagues, constituents, and city staff with statements also provide a process to develop fairness and respect. People come to you with issues consensus. that are important to them. Do what you can to resolve their issues, or suggest other resources that might be 9• Maintain the infrastructure. Make certain you are helpful. keeping up with what you have before taking on new projects. Deferring maintenance costs to the future 5. Allow your city staff to do their work and handle burdens the next generation of leaders. TEXAS TOWN & CITY • 3 2 FEBRUARY 2018 405 374 1o. Be comfortable telling people that you don't know the 2o. Hire the best people you can, and give them as much answer to their question. It's better to teLL constituents responsibility as they can handle,Support and inspire that you need to research an issue rather than provide them to succeed. inaccurate information. 21. Encourage your employees to look for new ideas and 11. Always keep the long-term interests of your better ways of doing things. Listen to what they have city top of mind. Don't be hurried into action, or to say. misled by the demands of special interest groups who want it done their way, right now. 22. Have your city attorney attend your council meetings, but don't expect him or her to have all the answers.Give 12. Be open and honest with your colleagues. It's unwise your attorney time to research key issues, and come to spring surprises on your feLLow counciLmembers or back with an opinion. city staff, especially at formal meetings. If a matter is worth discussing, it should be placed on the agenda. 23. Ask your city attorney "how can we legally accomplish Surprises often cause embarrassment, create distrust, this objective?" instead of simply asking whether or not and erode the team approach to governance. you can do something. 13. Respect and don't bypass the system. If you have a city 24. Remember that if yours is a typical city, your city manager or other chief administrative official, follow attorney will not be an expert on every issue. City policy and avoid personal involvement in day-to-day government is too complex.You may occasionaLLy need operations. outside counsel which can be a good use of public funds. 14. Don't let others bypass the system. Insist that people — such as bond dealers or equipment suppliers — 25. Make sure your city has a solid financial accounting work with your city staff first. If direct contact with and reporting system in place. Some cities have had counciLmembers is necessary, ensure it happens with financial troubles because more money was spent than the council as a whole and not on a one-on-one basis. was available and it went unnoticed. 15. Formalize your personnel rules and regulations. Make 26. Remember that your city does not operate in a vacuum. sure they're clear. For example, if you don't pay for You must work within the intergovernmental system to unused sick leave when an employee is terminated, be effective. Keep in contact with school,county,state, put it in writing. Once the rules are established, and federal officials. Use the Texas Municipal League councilmembers should stay out of personnel matters. as a resource. 16. Familiarize yourself with the Texas Open 27. Sometimes,hiring a consultant can be a good way to get Meetings Act and the Public Information Act, the expertise you are missing. However, it is important and complete the state-mandated training in to maintain a leadership role with consultants, ensuring both. Respect the letter and intent of both acts. they stay on course, and act in your city's interest. 17, Keep your constituents informed through socialmedia,a 28. Keep your eye on state and federal legislation that can regular editorial in the local newspaper,radio interviews, negatively affect your city through unfunded mandates or news releases. Be friendly in your interactions with or by eroding your ability to make decisions locally. Read the news media. Effective communications keeps the Legislative Update in the weekly TML Exchange for citizens engaged and fosters civic pride. updates on key legislation and regulations. 18. Keep your city staff informed, particularly those on the 29. Budget money for your officers and employees to front line who have frequent contact with the public, or attend TML workshops and conferences.TM provides are in a decision-making role. exceLLent learning opportunities and personal contacts who can be valuable to you,your city staff,and elected 19. Appoint citizen advisory committees as needed and officials. be prepared to follow their advice. Appointing your opposition to a desired committee helps them work for 30. Finally, know that you are in the public eye, and your you, instead of against you. words and actions affect your city and citizens. Follow your conscience, and act as a steward for your city's good governance. �r TEXAS TOWN & CITY • 3 3 FEBRUARY 2018 406 375 THE I OF A SUCCIE& UL F TERM ON CITY COUN By TML Legal Staff Congratulations, you just got elected to your first term in learn the ropes,and improve through contribution. municipal office! Below are the ABCs of a successful first term. B. BUDGET. Crafting, passing, and following a city budget are among the most important tasks you will perform as a A. ATTITUDE. The right attitude goes a long way toward councilmember. Cities cannot make expenditures except successful service in municipal office. Think of your first in strict accordance with a budget, and they can Levy taxes term as an opportunity to learn and serve.City government only in accordance with the budget.The state comptroller's is complicated and difficult. If you think your election was a office publishes the Budget Manual for Texas Cities. The mandate from the people to "shake things up" at city hall, latest version was published in 2olo, and it continues to be you might want to reconsider. It may be better to lay low, an exceLLent resource. TEXAS TOWN & CITY • Z 9 FEBRUARY 2o18 407 376 C. CONFLICTS OF INTEREST.As a councilmember,you are prohibited from voting or deliberating on agenda items that affect your own business, property, or financial interests. You'll be required to file an affidavit with the city secretary disclosing the details of your financial interests and that affidavit becomes a public record. Further, you may have to disclose in writing the receipt of certain gifts or income of a certain amount from a vendor who does business with the city. D. DUAL OFFICEHOLDING. Councilmembers cannot hold other paid public offices and, in many cases, cannot Q hold other unpaid public offices either. Furthermore, councilmembers can't take paid jobs with their own city, nor can they appoint themselves to other posts or positions. I I Finally, think twice about announcing to run for other P U B L public office while you're still a councilmember—you may automatically resign your council seat when you do. Check with your city attorney before considering any other position EARING or job that might be a problem. E. EMPLOYMENT POLICIES. Except in cities with the city manager form of government, the final authority over employment decisions typically rests with the council as a whole. As a member of the council, you should familiarize yourself with the city's employment policies and I. INTERNET. A wealth of information about serving in periodically consult with your city attorney to ensure they your new municipal office can be found on the Internet, are kept updated. including the Texas Municipal League website at www.tml. org, under "Legal Research"; the Texas Attorney General F. FREEDOM OF INFORMATION. The Texas Public website at www.texasattorneygeneraL.gov: and the Texas Information Act and the Open Meetings Act requires public Legislature Online website at www.capitol.state.tx.us. access to city records and meetings. After a city receives a written request for information, it must promptly provide J. JUGGLE. You will practice your balancing skills and copies or access to information with limited exceptions.The become even better at juggling all facets of your public Texas Attorney General determines whether information is service,work,and home life. excepted from public disclosure. City officials are required by law to attend training in both Acts within go days of K. KNOWLEDGE. New city councilmembers must use all taking office.You should provide the certificate received for available resources to develop their background knowledge completing the training to the city secretary to keep on file. about the diverse issues their constituents will expect them to resolve. G. GIFTS. Cities are prohibited by the Texas Constitution from giving money or anything of value to a private L. LIABILITY. Councilmembers will generally be held individual, association, or corporation. An exception to this personally liable only for actions taken outside the scope prohibition arises when the city council determines that a of their duties and responsibilities as members of the donation/gift will serve a public purpose of the city. The governing body. However, the city itself will be potentially decision as to what constitutes a public purpose is left to liable for actions taken by its councilmembers Within the the discretion of the city council but may be overturned by scope of their official duties. (See Tort Claims Act below.) a court. M. MEETING. Almost everyone intuitively knows what H. HOLDOVER.The Texas Constitution includes a provision a meeting is. For example, a regular meeting of a city that allows an elected official who resigns from office to council, where agenda items are discussed and formal continue to serve until his or her place is filled by a qualified action is taken, is clearly a meeting. However, according individual.This provision allows a city to continue to conduct to the Texas Open Meetings Act, many other gatherings business,even when it loses one or more councilmembers. of the members of a governmental body may constitute a meeting. Generally, any time a quorum is present and TEXAS TOWN & CITY 3 O 1-EBRUARY 2o18 408 377 city business is discussed, all the Open Meetings Act R. RESPECT. Mutual respect is the key to effective requirements, including posting an agenda and keeping governing. City councilmembers should avoid personal minutes, must be foLLowed. attacks and focus on the issues at hand. N. NEPOTISM. Remember that you may not hire close S. SOLUTIONS. It is always easy to criticize others'ideas.As relatives as employees of the city if you are on the city a member of the city council, however,your goal should be council. Personal recusaL from the hiring decision is not to propose solutions and work toward a consensus rather enough; your close relatives are prohibited from working than simply saying, "No, I don't like that idea." for the city. There are some exceptions. For example, if your relative worked for the city for at Least six months T. TORT CLAIMS ACT. The Texas Tort Claims Act Limits before you took office and has maintained continuous governmental liability and provides for damage caps for employment with the city during that time,then that relative governmental entities. The Act provides that Liability for may continue to work in the position held.Also,a relative is engaging in 36 specifically enumerated "governmental always welcome to work as an uncompensated volunteer. functions" (such as provision of police and fire protection, maintaining city parks, and other activities one expects of O. OPEN. The governing process must be open and a local government) is limited by statute. The Tort Claims transparent if it is to be effective. This means refraining Act does not generally provide for private causes of action from conducting business behind closed doors in executive against individual councilmembers for the actions of the session unless specifically authorized by state Law (for city government. example, consultation with an attorney or discussion of the employment of a specific employee). U. UNILATERAL. Councils enact policies by acting as a whole. In most cases, individual councilmembers have no P. PROACTIVE. Be proactive in dealing with city issues. power to take unilateral action on behalf of the city. Don't wait until a problem is right on top of you. By that point, it's often too Late to take effective action.Always have V. VOTES BY COUNCIL. When a council votes on an an eye on the future and try to anticipate the needs of the ordinance or resolution, all that is typically needed to pass city and your constituents. the item is a majority of those present and voting.While a quorum is the number needed to conduct a meeting, it is O. QUORUM. A city council must have a quorum to call not necessary that a quorum actually vote on each agenda a meeting to order and conduct business. The number of item. Local practices may vary from city to city. councilmembers required to establish a quorum varies by city. A quorum in a general Law city is determined by state W. WORK TOGETHER. Even if you disagree or don't get Law,while a quorum in a home rule city is spelled out in the along with other members of the council,your first obligation city's charter. is to solve problems and provide effective services to your Local constituents.Try to put petty disagreements aside. X. EXCELLENCE. (Hey, X is a tough Letter!) Strive every day for excellence for your city.Voters elected you to your office,and they are depending on you giving your very best every day. J , Y. YEAR. Cities often operate on a fiscal year that is different from the calendar year. For a majority of cities,the fiscal year begins in October. Z. ZONING. This is the ability of a city council to divide a city into districts and aLLow in each district only certain land O'1 uses, such as commercial, residential, or industrial. Zoning protects property values,promotes public safety,and is one of the main reasons cities incorporate in the first place. Okay, it's time to get started. Keep these ABCs handy, and remember that the League is just a phone call,email,or text message away. Best wishes in your new position! �r TEXAS TOWN & CITY - 3 1 FEBRUARY 2018 409 378 PUBLIC NOTICE OF THE CITY OF DENTON 'S 2022 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT The City of Denton's Community Services team is seeking citizen participation in the 2022 Action Plan for Housing and Community Development. View the plan and provide comment at www.cityofdenton.com/communitydevelopment. Comments will be accepted from May 30 through June 28. You can also provide feedback at the Public Hearing during the June 7 Denton City Council meeting at 6:30 p.m. Visit www.cityofdenton.com/publicmeetings or call (940) 349-7726 for more information on how to participate. Traductores de espanol estaran disponible. llrzl � DENTON City of Denton I ADA/EOA/ADEA I TDD (80dj'/35-2989 I www.cityofdentonlcom 1 05/22 North Central Texas Council of Governments Ms. Sara Hensley: City Manager 601 East Hickory Street Denton, TX 76205 May 19'h, 2022 Dear Ms. Hensley, With great pride we announce that Cassandra Ogden has completed our New and Emerging Finance Directors program here at NCTCOG. This class served as our sixth effort toward training and developing current and future leaders in the public finance industry. Over the past nine months, this individual attended at least seven sessions of the nine to learn about various aspects of the industry and take deep dives into critical issues of their jobs and responsibilities as municipal leaders. The classes were all-day events, presented by experts in the field and facilitated by experienced professionals. We included homework and required accountability and participation. It was no easy task. We believe it will be individuals like Cassandra that will help keep our region in the forefront of municipal leaders. It will also be employers and managers like you who continue to support the need for ongoing training and development in this essential field. NCTCOG will continue to offer similar programs for the region, please anticipate updates on the next upcoming roundtable session. Thank you again for your support of this program, for your dedication to continuing staff development, and your service to your community. Respectfully, r Mike Eastland, Executive Director North Central Texas Council of Governments 411 FF AL 7§rlr i We ty Long Where We Go Hard for a C1 on f' 1 • Issues , Easy on the People i A crowd-sourced BY KATE P.FITZPATR ICK,ICMA-CM poem from those in local am often inspired by stories on NPR.It's a family joke,as I start virtually government every conversation with the phrase,"I heard on NPR today...:'Last year,Morning a bout th e Edition resident poet Kwame Alexander and host Rachel Martin proposed writing their way out of the unprecedented events of the past year to imagine a better future.Their crowdsourced poem,"'This Is Our Dream,"was created from 2,500 communities we listener responses.' aspire to have. My favorite line from the poem goes like this:"I dream a world where a bridge is arching over troubled waters,built on a foundation of truth.Where children grow up learning only one kind of division,the long kind."A poem about hope and promise,and yet also a joke about math.Perfect. This gave me the idea to create a crowdsourced poem about our cities and towns.Heaven knows we could use some hope for the future.My goal was to create an aspirational poem—not one about what we like,or what we wish for,but what we long for. The choice of the verb"long"is intentional and is defined as feeling"a strong desire or craving,especially for something not likely to be attained"(Merriam KATE P. Webster).Not likely,but still possible.A sense of longing conjures a more FITZPATRICK, aspirational lens. ICMA-CM, I put the call out through mypersonal blog,my state association,various ICMA is town manager is Needham, committees that I belong to,ICMA Connect,Linkedin,Twitter,our regional chamber Massachusetts.she of commerce,and people I have met over the years.I was thrilled by the variety of is the recipient of an thoughtful responses that I received. ICMA Community This poem is the start of a conversation,not the end.Now that we know what we Partnership Award. long for,we need to get busy building it. ;' 36 1 PUBLIC MANAGEMENT MAY 2022 412 We • for Where we make space in our thinking to Where people are inspired by empathy, We n the Issues accept different points of view,not just the coming together to meet challenges with • • • fashionable ones,and where we live is in resolve and good humor and a willingness to and Easy on " • • line with our values. work collaboratively. Where neighbors from all parts of our city Where residents are resilient,positive,and We long for civility. can prosper. display a wicked sense of humor. We long for a city where people focus more on Where our city is a place welcome to all Where people take their responsibilities what we have accomplished,with pride and who enter,and compassion rules the day. seriously,without taking themselves amazement,and focus less on what remains to too seriously. be done,with frustration and criticism. Where the only class that matters is the life- long learning one. Where people focus on what unites us and use Where people come together to meet real our commonalities to achieve shared goals. challenges with resolve and good humor,and a This is the city that we long to see. g willingness to work collaboratively. Where we achieve our goals because everyone Where finding a reasonable compromise is We long for a sense of place. recognizes we are on the same team,whether We long for a citywhere people stop or not we all agree on the same game plan, considered a win. looking at all the bad,and start looking at and where our leaders foster and encourage Where we can disagree,without being what an amazing citywe live in. this environment,rising above discord. disagreeable,and people are civil, Where our cities keep building beautiful Where residents understand the impact of respectful,and supportive,even in the face spaces,and nature and sustainability are at local government on their daily lives and of disagreement. the forefront of our lives. are willing to collaborate to make their Where broad generalities and stereotypes are Where people smile when they wave to you, community exceptional. not raised over differences of opinion. and the roads are in such good shape that Where people take satisfaction and pride in Where there is an appetite for increased you can lookbeyond them while driving. all that we have accomplished together as listening to others,and where opinions are Where the city brings out the best in us,and a community,extending the benefit of the allowed to evolve and change. doubt that what remains to be done will et our dreams can become reality. done b the le both elected and Where we worry more about the common Where animals roam free time to slow down and enjoy the view.,and we take the by goo people, good then a single agenda. professionals,to whom we entrust the task. We long for a city where residents take the We long to build that city.Where we go hard We long for that city.time to go past the headlines,learn about the on the issues,and easy on the people.FM issues,and ask questions. We long for local government to be valued. Where civility and common courtesy prevail, Where public service is appreciated and and dialogue builds us up without breaking respect for public employees is the norm. Grateful thanks to the following contributors(if down. I have left anyone off,I apologize):Katherine Where local government creates as much Warden,Heather Harper,Jamie Hellen,John Where can leave the past behind and customer satisfaction as the most successful Mangiaratti,Christopher Coleman,Andrea grasp thee opportunities that await us.. private business. P Llamas,Christopher Ketchen,Denise Baker,Tim Where we no longer assume the worst in Where residents who have questions about Higgins,Colin F.Loiselle,William G.Keegan Jr., others,that secret agendas disappear,and their community reach out for answers Bob LeLacheur,Mark Lauzier,Richard Downey, that honesty and civility are not considered before turning to social media. John Mulder,Sam Gaston,Daniel Blumberg, slanderous and outdated. John Rufo,Jay Hedges,Daniel Blumberg,Jay Where city management is an honorable We long for that city. profession,and elected officials are Feyler,Pat Scheidel,Henry L.Hayes Jr.,Opal Mauldin Jones,Ed Broussard,Richard Brown, We long for welcoming. respected for their commitment. Gerald Young,James Fisher,Mike Land,Alan Where the way we always did it is not is Ours,Chris Senior,Eileen Stein,Maurice We long for a city where everyone feels the standard. Handel,Bob Jarvis,Kevin Tackett,Paul Buckley, respected and safe. Denise Casey,Weston Davis Abby Serino We long for that city. Y Where we are as happy to greet our neighbors Adam Chapdelaine,Donna VanderClock,Alissa as we are to cheer for the home team. We long for collaboration. Farrell,Libby Gibson,Kim Donovan,Anne Where cancel culture is discredited. Nydam,Julie Traub,and Andy Sheehan. We long for a city where problems are seen Where working toward a vision of an equitable as opportunities,where success and failure EN DNOTE future and shaping economic development are are shared,and credit and blame are of 'https://www.npr.org/2021/01/28/960688815/this-is-our- not construed a conflict of interest. less consequence. dream-a-crowdsourced-poem-to-inspire-hope 413 MAY 2022 PUBLIC MANAGEMENT 37 Date: May 27,2022 Report No. 2022-032 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: The City of Denton Comprehensive Solid Waste Management Strategy Acceptance and Implementation BACKGROUND: In October 2020, the Denton City Council approved the development of a Comprehensive Solid Waste Management Strategy(CSWMS.) The CSWMS is a Denton-centric document designed to help the Solid Waste and Recycling Department make informed decisions to maximize waste reduction and drive diversion from ultimate disposal to the greatest extent possible, including,but not limited to residential and commercial programmatic recycling, yard and organic waste management, construction and/or demolition debris, non-programmatic recyclable and reusable material. Over the past two years, the Solid Waste and Recycling Department, along with its contracted consultants Burns and McDonnell,has been working with the community and technical experts, with updates to the Public Utilities Board and the Denton City Council on progress and programs receiving feedback on diversion goals and potential programs, including organics diversion. The purpose of this report is to announce the completion of the CSWMS and layout the process of acceptance,by ordinance, and implementation of the CSWMS. DISCUSSION: According to the U.S. Census Bureau, North Texas is the fastest-growing region in North America.' In the last decade, the population of Denton has increased by over 30%, which is consistent with population growth in the region. As the population of the region continues to grow so will the need to ensure adequate and appropriate disposal activity coupled with a robust diversion program generated waste. The development of the CSWMS has been completed in three(3)phases;the completion of Waste Characterization Study, a Visioning and Public Outreach exercise, and the submission of the final CSWMS document, which was submitted to the Solid Waste and Recycling Department on May 25, 2022 (copy attached). The Waste Characterization Study was completed between November 5 — 8, 2020. Garbage and recycling samples were collected from residential, multi-family, and commercial customers and the material was "dissected"to determine the make-up of each segment(i.e. recyclable material in trash, contamination in recycling, weight and composition of each waste stream.) Currently, the 1 https://www.census.sov/newsroom/press-releases/2022/population-estimates-counties-decrease.html 414 Date: May 27,2022 Report No. 2022-032 City diverts approximately 28% of material collected from residential and commercial customers in the City, consisting of single-stream material (paper, plastic, metal containers, and cardboard) and yard waste. As the City looks to increase its diversion potential with the creation and implementation of the Comprehensive Solid Waste Management Strategy (CSWMS), we will be examining opportunities to increase diversion across the scales through incentives, partnerships, and contracts. The Visioning and Public Outreach portion of the CSWMS development was completed in May 2021. This exercise started with a public survey, of which 883 persons responded distributed across age ranges of 18 to 80 years of age. Survey results indicate: • A shared vision is enjoyed across all respondents, • Denton residents desire a solid waste management system that is sustainable, • They seek significant waste diversion and recycling goals, • Implemented programs must be cost-effective, and • Programs should be designed and implemented to preserve the useful life of the landfill. Following the completion of the survey, a future visioning think-tank was assembled to help build coherency around a vision for initial future planning for solid waste management and recycling to guide the community over the next twenty years. Scenarios evaluated showed that the group supported a rapid transition from current programs (defined as "Trash Troubles) to an aggressive system of solid waste management ("Change the future now".) This is evidenced by Denton striving to be a leading role-model community. The completion of the Comprehensive Solid Waste Management Strategy documents builds upon the Waste Characterization study and public input to define and evaluate best practices, and cutting-edge considerations for consideration in the City of Denton to maximize diversion and minimize waste generation and disposal. In March 2022, a discussion was held with the City Council to outline and define programmatic goals and metrics. Programmatic goals describe the overarching, end goals the program defines to achieve in the short term and over the life of the program, which is 30% overall diversion of waste by 2030, 40% diversion by 2040, and 75% diversion by 2075. Incremental progress and improvements are defined b ro ram metrics, which include: CSWMS Metric Descriptor Goal Waste Generation Rate Amount of waste produced, in Decrease pounds,per capita in the City of Denton Residential/Commercial The percentage of net program Increase recycle rate material collected and destined for third party management and reuse Residential/Commercial The percentage of net program Decrease contamination rate material contamination and destined for ultimate disposal Capture Rate The percentage of diversion of Increase programmatic and, non- 415 Date: May 27,2022 Report No. 2022-032 programmatic recycling and organics material removed from the waste stream Landfill life The amount of time the landfill has Minimize consumption available capacity for the ultimate Increase landfill life disposal of material Organics diversion In tons and percent, the amount of Increase yard and food waste collected and beneficially reused Upon formal acceptance of the CSWMS, the Solid Waste and Recycling Department will be working on an implementation plan,focused on diversion while remaining cost-effective to payers. In addition to focusing on programmatic "quick wins" (expansion of our field auditing program, regionalization of the City's Home Chemical Collection program, etc.), much of FY 2022/2023 will focus on managing the administrative controls required to ensure program success, including: • Updates to Chapter 24 of the City of Denton Code of Ordinances, • Development of a Comprehensive Diversionary Ordinance, • Enhanced Public Education and Outreach, • The development and implementation of Request for Information to identify third party providers of recycling and diversionary programs, • Increased internal and external data analytics and reporting, • Increased Grant applications and management, • Local partnership developments o School Districts o Universities o County and municipal governments Once the foundation of administrative controls is in place, much of FY2023/24 and beyond will be focused on the implementation and monitoring of anticipated and potential diversionary programs, including, but not limited to: • Organics diversion o Commercial and residential food waste avoidance and diversion o Yard Waste and tree trimming management o Commercial sludge optimization • Bulk material and appliance reuse • Non-Programmatic material metal recycling • Construction and Demolition Debris and Shingle Management o Reuse 0 3rd party recycling o Cost incentivized permit rebate program • Non-Programmatic material recycling o Textiles o Shoes o Home items 416 Date: May 27,2022 Report No. 2022-032 ■ Kitchen items ■ Furniture ■ Lawn maintenance equipment • Enhancement of diversion from City facilities and programs o Day-to-day programmatic material recycling from City operations o Procurement protocols o Grounds Maintenance o Impact fees and requirements ■ League Play ■ Special Events permit updates The watchwords embraced during the development, and through the implementation of the CSWMS include, in no particular order, Sustainability, Opportunities, Scaling, and Cost- effectiveness. Changing circumstances, resources, and global and local recycling/diversion markets will define and drive programs and implementation throughout the City of Denton's Solid Waste and Recycling efforts. Program goals, metrics, and progress will be posted to a dashboard, which will be made available through the City of Denton Solid Waste and Recycling website. Additionally, quarterly program updates will be reported through the City's Friday Report. STAFF CONTACT: Brian Boemer Solid Waste and Recycling Director 417 418 BURNS`MEDONNELL. Comprehensive Solid Waste Management Strategy (CSWMS) IO CITY F DENTON City of Denton, Texas Project No. 128365 Final Report rOMIL 418 419 Comprehensive Solid Waste Management Strategy Table of Contents TABLE OF CONTENTS EXECUTIVE SUMMARY Page No. 1.0 OVERVIEW, PRIORITIES AND OBJECTIVES................................................. 1-1 1.1 Purpose................................................................................................................. 1-1 1.2 Guiding Principles ............................................................................................... 1-1 1.3 Project Approach ................................................................................................. 1-2 1.3.1 Goals and SWOT Analysis................................................................... 1-3 1.3.2 Stakeholder Engagement ...................................................................... 1-4 1.4 Key Terms............................................................................................................ 1-4 1.5 Guide to the CSWMS Sections............................................................................ 1-7 2.0 SOLID WASTE AND RECYCLING TRENDS, POLICIES AND REGULATORY REIVEW..................................................................................2-1 2.1 Review of Relevant Planning Studies..................................................................2-1 2.2 Regulatory and Policy Review.............................................................................2-2 2.2.1 Role of the Federal Government in Regulating Solid Waste................2-2 2.2.2 Role of the State Government in Regulating Solid Waste....................2-5 2.2.3 Recent State Legislative Trends............................................................2-8 2.2.4 Role of the City of Denton in Regulating Solid Waste.........................2-9 2.3 Solid Waste Management Industry Trends........................................................2-10 2.3.1 Landfill Waste Reduction, Diversion and Zero Waste Philosophies..2-10 2.3.2 Material Waste Diversion and Alternative Metrics............................2-13 2.3.3 Alignment with National Solid Waste Reduction Goals ....................2-18 2.3.4 Promotion of Ingenuity in Reuse and Recycling................................2-19 2.3.5 Alternative Waste Management Technologies...................................2-20 2.3.6 Landfill Management..........................................................................2-23 3.0 PLANNING AREA CHARACTERISTICS .........................................................3-1 3.1 Demographic Characteristics...............................................................................3-1 3.1.1 Historical and Current Populations.......................................................3-1 3.1.2 Single-Family and Multifamily Household Distribution......................3-3 3.1.3 Population Projections..........................................................................3-5 3.2 Economic Characteristics.....................................................................................3-7 3.2.1 Current Employment and Industry Characteristics...............................3-8 3.3 Solid Waste Generation, Recycling, and Disposal ..............................................3-8 3.3.1 Residential Generation, Recycling, and Disposal.................................3-9 3.3.2 Commercial Generation, Recycling, and Disposal.............................3-11 3.3.3 C&D Generation, Recycling, and Disposal........................................3-13 3.3.4 Total Generation, Recycling, and Disposal........................................3-14 3.3.5 Residential and Commercial MSW Forecast......................................3-16 3.4 Waste Characterization......................................................................................3-17 3.4.1 Regional Capture Rate........................................................................ 3-20 City of Denton, Texas TOC-1 Burns & McDonnell 419 420 Comprehensive Solid Waste Management Strategy Table of Contents 3.4.2 Recycling Contamination....................................................................3-23 4.0 FACILITIES AND INFRASTRUCTURE ............................................................4-1 4.1 Current System Review.......................................................................................4-1 4.1.1 Landfills................................................................................................4-3 4.1.2 Materials Recovery Facilities .............................................................4-11 4.1.3 Transfer Stations.................................................................................4-14 4.1.4 Organics Processing Facilities............................................................4-16 4.1.5 C&D Processing Facilities..................................................................4-19 4.1.6 Home Chemical Collection and Other Special Wastes.......................4-21 4.2 Regional Partnerships........................................................................................4-22 4.3 Land Use and Growth........................................................................................4-26 4.3.1 Current and Projected Growth in the City of Denton.........................4-27 4.3.2 Projected Growth in Surrounding Communities.................................4-35 4.4 Current System Findings....................................................................................4-37 5.0 PUBLIC EDUCATION, OUTREACH AND COMPLIANCE...............................5-1 5.1 Education, Outreach and Compliance Evaluation...............................................5-1 5.1.1 Components of a Successful Education, Outreach and Compliance Program.................................................................................................5-1 5.1.2 Overview the City's Education, Outreach and Compliance Efforts.....5-3 5.1.3 Evaluation of the City's Education, Outreach and Compliance Efforts ...................................................................................................5-8 5.2 Case Studies.......................................................................................................5-10 5.2.1 Regional Education and Outreach Campaign.....................................5-10 5.2.2 Cart Auditing Programs......................................................................5-11 5.2.3 Compliance Incentive Policies............................................................5-12 5.2.4 Commercial Recycling Support..........................................................5-13 5.2.5 Strategically Allocate Resources ........................................................5-14 5.3 Key Findings and Recommendations ................................................................5-15 6.0 ORGANICS MANAGEMENT............................................................................6-1 6.1 Evaluation Criteria...............................................................................................6-1 6.1.1 Food Waste Recovery Hierarchy..........................................................6-2 6.1.2 Pre-consumer versus Post-consumer Food Waste................................6-3 6.2 Generation and Diversion Summary....................................................................6-3 6.3 Organics Management Infrastructure ..................................................................6-4 6.4 Yard Waste—Residential and Commercial.........................................................6-5 6.4.1 Yard Waste Options..............................................................................6-5 6.5 Residential Food Waste .......................................................................................6-7 6.5.1 Residential Food Waste Options...........................................................6-7 6.5.2 Residential Food Waste Case Studies.................................................6-10 6.6 Commercial Food Waste....................................................................................6-10 6.6.1 Commercial Food Waste Options.......................................................6-11 6.6.2 Commercial Food Waste Case Studies...............................................6-13 6.7 Biosolids ............................................................................................................6-15 City of Denton, Texas TOC-2 Burns & McDonnell 420 421 Comprehensive Solid Waste Management Strategy Table of Contents 6.8 Wood Waste and Other Organic Wastes ...........................................................6-15 6.9 Key Findings and Recommendations ................................................................6-16 6.9.1 Residential Organics Recommendations ............................................6-16 6.9.2 Commercial Organics Recommendations...........................................6-17 7.0 LANDFILL DISPOSAL......................................................................................7-1 7.1 Landfill Pricing Strategies ................................................................................... 7-1 7.1.1 Gate Rates............................................................................................. 7-1 7.1.2 Guaranteed Tonnage Contracts............................................................. 7-5 7.1.3 Landfill Disposal Surcharges................................................................7-7 7.2 Other Approaches to Increase Diversion and Extend Landfill Life .................... 7-8 7.2.1 Landfill Bans for Certain Materials......................................................7-8 7.2.2 Other Incentives and Disincentives ....................................................7-10 7.3 Key Findings and Recommendations ................................................................ 7-10 8.0 PLANNING FOR FUTURE GROWTH & INFRASTRUCTURE.........................8-1 8.1 Future Transfer Station Evaluation......................................................................8-1 8.1.1 Operational Appropriateness Evaluation.............................................. 8-1 8.1.2 Financial Feasibility Evaluation...........................................................8-2 8.1.3 Long-Term Considerations for a Transfer Station................................ 8-6 8.2 Development Code and Community Planning....................................................8-7 8.2.1 New Urbanism and Development Trends............................................. 8-7 8.3 Recycling Program and Policy Options to Address Growth ...............................8-9 8.3.1 Residential Recycling Options..............................................................8-9 8.3.2 Multifamily Recycling Options.......................................................... 8-10 8.3.3 Commercial Recycling Options.......................................................... 8-13 8.3.4 C&D Recycling Options..................................................................... 8-15 8.4 Data Needs for Licensed Hauler Reporting....................................................... 8-18 8.4.1 Case Studies: Hauler Reporting.......................................................... 8-18 8.5 Key Findings and Recommendations ................................................................8-20 9.0 RECYCLING PROCESSING.............................................................................9-1 9.1 Minimizing Challenging Materials in the Recycling Stream ..............................9-1 9.1.2 Plastic Film and Bags............................................................................9-4 9.1.3 Styrofoam..............................................................................................9-4 9.1.4 Food......................................................................................................9-6 9.1.5 Glass......................................................................................................9-6 9.1.6 Sharps....................................................................................................9-8 9.1.7 Batteries ................................................................................................9-9 9.1.8 Tanglers and Explosives.......................................................................9-9 9.1.9 Home Chemical Waste .......................................................................9-10 9.1.10 Shredded Paper...................................................................................9-11 9.1.11 Textiles................................................................................................9-12 9.1.12 Furniture and Other Bulky Items........................................................9-12 9.2 Recycling Processing Agreement Overview .....................................................9-13 9.2.1 Recycling Processing Agreement Best Management Practices..........9-13 City of Denton, Texas TOC-3 Burns & McDonnell 421 422 Comprehensive Solid Waste Management Strategy Table of Contents 9.2.2 Evaluation of Lease and Recycling Processing Agreement ...............9-16 9.3 Recycling Agreement Procurement Considerations..........................................9-20 9.4 Key Findings and Recommendations ................................................................9-22 10.0 MATERIAL END MARKETS & PARTERNSHIP OPPORTUNITIES .............. 10-1 10.1 Current Markets for Typical Recyclables.......................................................... 10-1 10.1.1 Paper Markets ..................................................................................... 10-4 10.1.2 Metals Markets.................................................................................... 10-5 10.1.3 Plastics Markets.................................................................................. 10-6 10.1.4 Glass Markets...................................................................................... 10-6 10.2 Current Markets for Organics............................................................................ 10-7 10.3 Current Markets for C&D Debris...................................................................... 10-7 10.4 Value of Additional Recycling Opportunities................................................... 10-9 10.5 Role of Local Government in Recycling Market Development...................... 10-11 10.6 Partnerships Options for Increased Diversion................................................. 10-12 10.6.1 Partnerships with City Departments ................................................. 10-12 10.6.2 Partnerships with Other Community Entities................................... 10-15 10.6.3 Partnerships with Neighboring Communities................................... 10-19 10.7 Key Findings and Recommendations .............................................................. 10-22 11.0 STRATEGY DEVELOPMENT AND ANALYSIS............................................. 11-1 11.1 Enhance Education, Outreach and Compliance................................................. 11-1 11.1.1 Tactics and Recommendations ........................................................... 11-1 11.1.2 Financial Impacts................................................................................ 11-3 11.1.3 Environmental Impacts....................................................................... 11-3 11.2 Implement Innovative Organics Management................................................... 11-4 11.2.1 Tactics and Recommendations ........................................................... 11-5 11.2.2 Financial Impacts................................................................................ 11-6 11.2.3 Environmental Impacts....................................................................... 11-7 11.3 Efficiently Use Landfill Capacity...................................................................... 11-8 11.3.1 Tactics and Recommendations ........................................................... 11-8 11.3.2 Financial Impacts................................................................................ 11-9 11.3.3 Environmental Impacts....................................................................... 11-9 11.4 Planning for Future Growth and Infrastructure ............................................... 11-10 11.4.1 Tactics and Recommendations ......................................................... 11-11 11.4.2 Financial Impacts.............................................................................. 11-12 11.4.3 Environmental Impacts..................................................................... 11-15 11.5 Optimize Recycling Processing....................................................................... 11-15 11.5.1 Tactics and Recommendations ......................................................... 11-15 11.5.2 Financial Impacts.............................................................................. 11-17 11.5.3 Environmental Impacts..................................................................... 11-17 11.6 Support New Markets and Leverage Partnerships........................................... 11-18 11.6.1 Tactics and Recommendations ......................................................... 11-18 11.6.2 Financial Impacts.............................................................................. 11-20 11.6.3 Environmental Impacts..................................................................... 11-20 City of Denton, Texas TOC-4 Burns & McDonnell 422 423 Comprehensive Solid Waste Management Strategy Table of Contents 12.0 IMPLEMENTATION PLAN ............................................................................. 12-1 APPENDIX A - GOAL AND SWOT ANALYSIS APPENDIX B - VISION FOR DENTON THINK-TANK REPORT APPENDIX C - WASTE CHARACTERIZATION MEMO City of Denton, Texas TOC-5 Burns & McDonnell 423 424 Comprehensive Solid Waste Management Strategy Table of Contents LIST OF TABLES Page No. Table 2-1: Status Summary for Landfill Waste Reduction, Diversion, and Zero Waste Philosophies .........................................................................................................2-13 Table 2-2: Texas Cities with High Diversion or Recycling Goals........................................2-14 Table 2-3: Alignment of Metrics to Zero Waste Principles.......................................................2-15 Table 2-4: Alternative Metric Evaluation for City of Denton Single-Family MSW.................2-17 Table 2-5: Status Summary for Material Waste Diversion and Alternative Metrics.................2-18 Table 2-6: Status Summary for Alignment with National Solid Waste Reduction Goals.........2-19 Table 2-7: Status Summary for Promotion of Ingenuity in Reuse and Recycling.....................2-20 Table 2-8: Summary of Texas Cities' Efforts to Evaluate Conversion Technologies...........2-22 Table 2-9: Status Summary for Alternative Waste Management Technologies........................2-23 Table 2-10: Average Per-ton Landfill Tipping Fees................................................................2-24 Table 2-11: Status Summary for Landfill Management............................................................2-25 Table 3-1: City, County, and State Historical Population& Growth, 2010-2020.......................3-2 Table 3-2: Household and Population Distributions by Household Type, 2019.....................3-4 Table 3-3: City of Denton Future Population Growth Scenarios to 2045 ...............................3-6 Table 3-4: Residential and Commercial Management, 2018-2020 (pounds per person perday).................................................................................................................3-15 Table 3-5: Regional Single-Family Capture Rate by Individual Recyclable Materials ............3-21 Table 3-6: 2020 Participating City and Denton Single-Family Capture Rate...........................3-23 Table 3-7: Recycling Contamination by Generator Type..........................................................3-23 Table 3-8: Reported Single-Family Recycling Contamination Rates........................................3-24 Table 4-1: NCTCOG Type I Landfill Disposal and Remaining Capacities, FY 2020................4-3 Table 4-2: Disposal Rates at Landfill Facility(2020) .................................................................4-7 Table 4-3: Denton Landfill Disposal Tons by Customer Category, 2016-2020......................4-9 Table 4-4: NCTCOG Materials Recovery Facilities and Accepted Residential Materials .......4-11 Table 4-5: NCTCOG Transfer Stations and Tonnage Handled, FY 2020.................................4-14 Table 4-6: NCTCOG Organics Processing Facilities and Accepted Materials.....................4-16 Table 4-7: City of Denton Organics Management Tons by Source, 2016-2020...................4-17 Table 4-8: NCTCOG Type IV Landfill Disposal and Remaining Site Lite, FY 2020.........4-20 Table 4-9: Common Home Chemical Collection (HCC) Program Options..............................4-22 Table 4-10: City of Denton Home Chemical Collection and Other Special Waste Tons, 2016-2020...................................................................................................4-22 Table 4-11: Examples of Public-Private Partnership Options for MSW Operations ................4-23 Table 4-12: Advantages and Disadvantages of Approaches to Finance and Operate Processing Facilities.................................................................................................24 Table 4-13: Comparison Matrix of Denton and Largest 10 Texas Cities Service Provisionl .............................................................................................................4-25 Table 5-1: Evaluation Matrix of City's Education, Outreach and Compliance Efforts...............5-9 Table 6-1: Evaluation Matrix of the City's Yard Waste Programs .........................................6-7 Table 6-2: Evaluation Matrix of the City's Residential Food Waste Programs......................6-9 Table 6-3: Evaluation Matrix of the City's Commercial Food Waste Programs ......................6-12 Table 7-1: Disposal Rates at the Denton Landfill (2022)............................................................7-2 City of Denton, Texas TOC-6 Burns & McDonnell 424 425 Comprehensive Solid Waste Management Strategy Table of Contents Table 7-2: City Put-or-Pay Contract Terms.................................................................................7-5 Table 7-3: Historical McCommas Bluff Landfill Gate Rate (Dallas).....................................7-6 Table 7-4: Landfill Discount Matrix........................................................................................ 7-7 Table 7-5: Alternatives to Landfill Bans ................................................................................... 7-10 Table 8-1: Transfer Station Direct Costs .................................................................................... 8-3 Table 8-2: Estimated Financial Feasibility of a Transfer Station Compared to Direct Haul........................................................................................................................8-6 Table 9-1: Current and Available Management Strategies for Challenging Materials at MRFsl..................................................................................................................... 9-3 Table 9-2: Evaluation Matrix of City's Current Lease and Recycling Processing Agreement............................................................................................................9-17 Table 9-3: Recommended Schedules for Recycling Processing Procurements.....................9-21 Table 10-1: Current and Five-year Average Commodity Prices............................................... 10-4 Table 10-2: Estimated Value of Recyclables in the City's Landfilled Waste Stream............. 10-10 Table 10-3: Example Community Collection and End Use Opportunities.............................. 10-17 Table 11-1: Planning-Level Cost Estimate for Commercial Organics Pilot.............................. 11-6 Table 11-2: Anticipated Impacts of Sector-Specific Options.................................................. 11-14 Table 11-3: Planning-Level Cost Estimate for C&D Warehouse Program............................. 11-14 Table 11-4: Planning-Level Cost Estimate for EPS Densifier Program.................................. 11-17 Table 11-5: Planning-Level Cost Estimates for Regionalized HCC Program......................... 11-20 City of Denton, Texas TOC-7 Burns & McDonnell 425 426 Comprehensive Solid Waste Management Strategy Table of Contents LIST OF FIGURES Page No. Figure ES-1: U.S. EPA's Waste Management Hierarchy................................................................I Figure 1-1: City of Denton CSWMS Development Process..................................................... 1-3 Figure 2-2: U.S. EPA's Waste Management Hierarchy............................................................2-10 Figure 2-3: Circular Economy...................................................................................................2-11 Figure 3-1: Historical City Population Growth, 1970—2020 .....................................................3-2 Figure 3-2: Recent City, County and State Population Growth Rates, 2010-20201....................3-3 Figure 3-3: City of Denton Population Growth Scenarios Through 2045................................3-6 Figure 3-4: City of Denton Population Projection, 2020-2040....................................................3-7 Figure 3-5: City of Denton Employment by Industry, 2019.....................................................3-8 Figure 3-6: Residential Solid Waste and Recycling Generation Trends, 2018-2020 (Tons)' 2...............................................................................................................3-10 Figure 3-7: Residential Solid Waste Generation and Disposal Trends, 2018-2020 (Pounds per Household)'......................................................................................3-11 Figure 3-8: City-Collected Commercial Waste by Material Type, 20191 .................................3-12 Figure 3-9: Commercial and Multifamily Refuse Distribution, 2019 (Tons).........................3-13 Figure 3-10: City of Denton Landfill C&D Debris Disposal Trends, 2018-2020 (Tons)' .......3-14 Figure 3-11: City of Denton Residential & Commercial Generation by Material Type, 2020......................................................................................................................3-15 Figure 3-12: Projected City-Managed Residential and Commercial Waste Generation, 2019-20401 ...........................................................................................................3-17 Figure 3-13: Single-Family Residential Garbage and Recycling Composition, 2020...............3-19 Figure 3-14: Multifamily Residential Garbage and Recycling Composition, 2020..................3-19 Figure 3-15: Commercial Garbage and Recycling Composition, 2020.....................................3-19 Figure 4-1: MSW Management Facility Locations within the City of Denton...........................4-1 Figure 4-2: MSW Facility Locations within Denton County and Neighboring Counties..................................................................................................................4-2 Figure 4-3: Trends in Annual Regional Disposal, Type I and IV Landfills (Tons).....................4-4 Figure 4-4: Projected NCTCOG Remaining Regional Types I and IV Landfill Capacity, 2021-2045...............................................................................................................4-5 Figure 4-5: Denton Landfill Scalehouse......................................................................................4-6 Figure 4-6: Denton Landfill MSW Tonnage by Broad Customer Category, 2020...................4-8 Figure 4-7: Denton Landfill Annual Tonnage by Customer Category, 2016-2020..................4-9 Figure 4-8: Projected Denton Landfill Capacity Based on Forecasted Scenarios, 2021- 2080......................................................................................................................4-10 Figure 4-9: Pratt Industries Material Recovery Facility............................................................4-12 Figure 4-10: City of Denton Recycling Process Flow Overview..............................................4-13 Figure 4-11: City of Denton Dyno Dirt Composting Facility....................................................4-17 Figure 4-12: City of Denton Pecan Creek WWTP ....................................................................4-19 Figure 4-13: Champion Construction MRF Materials Processing Line....................................4-20 Figure 4-14: Manual Sorting of Building Materials for Recover..............................................4-21 Figure 4-15: Compact Growth Scenario (Preferred Scenario from Denton Plan 2030)............4-27 Figure 4-16: Denton Population Distribution in Relation to City Solid Waste Facilities .........4-29 City of Denton, Texas TOC-8 Burns & McDonnell 426 427 Comprehensive Solid Waste Management Strategy Table of Contents Figure 4-17: Projected City of Denton 2040 Population in Relation to City Solid Waste Facilities...............................................................................................................4-30 Figure 4-18: Population Areas Greater Than 6,000 Persons in City of Denton........................4-31 Figure 4-19: New Residential Communities and Number of Platted Lots in Relation to City Solid Waste Facilities...................................................................................4-34 Figure 4-20: Population Change Through 2040 for City of Denton and Surrounding Communities ........................................................................................................4-36 Figure 5-1: Example of Messaging Communicating Service Information.................................. 5-4 Figure 5-2: Example of Messaging Communicating General Environmental Information.............................................................................................................5-5 Figure6-3: Waste Wizard............................................................................................................5-6 Figure 6-4: Brochure Mailer........................................................................................................5-7 Figure 5-5: Example of Regionally Collaborative Messaging ....................................................5-8 Figure 7-1: U.S. EPA's Food Recovery Hierarchy......................................................................6-2 Figure 6-2: Organic Material Managed by the City in 2020 (Tons).........................................6-4 Figure 6-3: Non-Residential Excess Food Generating Sectors...............................................6-13 Figure 7-1: Average Gate Rates Charged in the NCTCOG Region(2020)1...............................7-4 Figure 9-1: Densified Briquettes of EPS Foam...........................................................................9-5 Figure 9-2: RFP Process Description.........................................................................................9-20 Figure 10-1: Single Stream Material Revenue (per Ton).......................................................... 10-2 Figure 10-2: Regional HCC Brochurel.................................................................................... 10-21 City of Denton, Texas TOC-9 Burns & McDonnell 427 428 Comprehensive Solid Waste Management Strategy Executive Summary LIST OF ABBREVIATIONS Abbreviation Term/Phrase/Name AD Anaerobic digestion AEGB Austin Energy Green Building ASL Automated Side Loader vehicles BMR Building Materials Recovery program BOPA Battery,Oil,Paint, and Antifreeze Burns&McDonnell Burns&McDonnell Engineering Company, Inc. C&D Construction and Demolition Debris CAA Clean Air Act of 1976 CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CHaRM Center for Hard to Recycle Materials the City The City of Denton COGS Councils of Governments Composting Facility The Dyno Dirt Composting Facility CPI Consumer Price Index CSWMS Comprehensive Solid Waste Management Strategy CVAD UNT's College of Visual Arts and Design CY Cubic Yard DFW Dallas-Fort Worth DISD Denton Independent School District DTV Denton TV EPP Environmental procurement programs EPR Extended Producer Responsibility EPS Expanded polystyrene, "Styrofoam" EREF Environmental Research and Education Foundation FL Front Loader vehicles FOG Fats,oils, and greases FTEs Full time employees City of Denton, Texas i Burns &McDonnell 428 429 Comprehensive Solid Waste Management Strategy Executive Summary Abbreviation Term/Phrase/Name FY Fiscal year(October through September) GHG Greenhouse gas GRC Glass Recycling Coalition HCC Home Chemical Collection HDPE High density polyethylene HHW Household hazardous waste HOAs Homeowner Associations ICI Industrial, commercial and institutional sector LCA Life-cycle assessment LDPE Low density polyethylene LEED Leadership in Energy and Environmental Design LLDPE Linear Low-Density Polyethylene MPCs Master Planned Communities MRF Materials recovery facility MSW municipal solid waste NCTCOG North Central Texas Council of Governments NGO Non-Governmental Organization NRDC The Natural Resources Defense Council NTMWD North Texas Municipal Water District OCC Old Corrugated Cardboard ONP Old Newspapers PAYT Pay-as-you-throw PET Polyethylene terephthalate PP Polypropylene PPP Public-private partnerships Pratt Pratt Industries PS Polystyrene PSA Processing Service Agreement City of Denton, Texas ii Burns &McDonnell 429 430 Comprehensive Solid Waste Management Strategy Executive Summary Abbreviation Term/Phrase/Name PSAs Public Service Ads PVC Polyvinyl Chloride RAP Rubberized Asphalt Paving RCRA Resource Conservation and Recovery Act Recycling Agreement Lease ad Regional Recycling Processing Agreement RFB Requests for Bids RFI Request for Information RFP Requests for Proposals RFQ Request for Qualifications RMDP Recycling Market Development Plan RMDZs Recycling Market Development Zone RNG Renewable Natural Gas SARA Superfund Amendments and Reauthorization Act of 1986 SL Side Loader vehicles SMM Sustainable Materials Management STA US Composting Council's Seal of Testing Assurance STaND Statistical Trends and News of Denton STAR The State of Texas Alliance for Recycling SWDA Solid Waste Disposal Act SWOT Strengths,Weaknesses, Opportunities,and Threats SWR The Solid Waste and Recycling Department TASWA Texoma Area Solid Waste Authority TCEQ Texas Commission on Environmental Quality TPH tons per hour TPY tons per year TWU Texas Women's University TxDOT Texas Department of Transportation U.S. EPA U.S. Environmental Protection Agency City of Denton, Texas iii Burns &McDonnell 430 431 Comprehensive Solid Waste Management Strategy Executive Summary Abbreviation Term/Phrase/Name USDA United States Department of Agriculture UNT University of North Texas UNT University of North Texas URP Universal Recycling Ordinance WARM Waste Reduction Model WWTP Wastewater Treatment Plant City of Denton, Texas iv Burns&McDonnell 431 432 Comprehensive Solid Waste Management Strategy Executive Summary EXECUTIVE SUMMARY Purpose Developing a Comprehensive Solid Waste Management Strategy(CSWMS)is a critical step in purposefully shaping the future of the City's material management system. The City and its consultant, Burns&McDonnell Engineering Company,Inc. (Burns &McDonnell),developed this CSWMS by evaluating existing programs,policies and infrastructure as well as the local,regional, and national emerging trends and technologies for sustainable materials management.As cities throughout the United States pursue solutions to their solid waste management challenges,it is apparent that no single method, technology,or program offers a complete solution; rather, a combination of methods is required to provide for appropriate and cost-effective management of all material types,while continuing to build an integrated management system. The unique purpose of the CSWMS is to provide a framework to guide the City's future solid waste/materials management system and to develop infrastructure,programs, and policies necessary to manage materials in alignment with the Guiding Principles of the CSWMS. Guiding Principles The Solid Waste and Recycling(SWR)Department established Guiding Principles to direct the development of specific strategies presented throughout the CSWMS. The four Guiding Principles are: 1. Develop innovative municipal solid Figure ES-1: U.S. EPA's Waste Management Hierarchy waste(MSW)management methods consistent with the waste management Source Reduction hierarchy to achieve as much MSW reduction,reuse, and diversion from o Diversion landfill disposal as sustainably feasible ng, , [based on economic,regulatory, environmental and social constraints]. 2. Provide MSW services that are convenient, a environmentally conscious, and cost- effective for customers and the City. 3. Balance landfill revenue with capacity preservation,and collaborate with third-parry landfill customers to implement efforts consistent with the waste management hierarchy. 4. Strategically utilize program data and technology for informed decision-making. City of Denton, Texas ES-1 Burns & McDonnell 432 433 Comprehensive Solid Waste Management Strategy Executive Summary Alignment with Other Strategic Efforts and Goals The CSWMS was developed to align with the City's current and ongoing strategic efforts, including the City's Simply Sustainable Framework. The City adopted the Simply Sustainable Framework in June 2020, and provides a framework,goals,and sustainability metrics for many of the City's activities including Material Resource Management. Established goals relevant to the CSWMS are to reduce solid waste generation and divert material away from landfill and leverage the City's purchasing power through sustainable procurement. The strategies presented in the CSWMS align with these Material Resource Management objectives. The City has also recently initiated the process to establish Citywide diversion goals to be ambitious (to reflect the City's commitment to sustainable materials management)while also realistically accounting for the types of materials generated in the City and the level of control the City has over how these materials are managed.While the City is the refuse service provider for residential,multi-family and commercial sectors,both multi-family and commercial sector generators may contract with third parties for recycling service(or provide no recycling service at all). This limits the City's ability to track recycling in these sectors,which comprise an estimated 71 percent of generated wastes. Various programs and ordinances can influence and increase recycling from these entities. The following summarizes potential additional diversion opportunities identified as part of the CSWMS: • Maximizing the recovery of residential recyclable programmatic materials. Currently, 54 percent of single-stream recyclable materials are successfully collected for recycling(rather than disposed to landfill) from single family generators. Improvements to the well-established program to increase participation and capture rate could theoretically divert an additional 4,295 tons,if every recyclable item were successfully diverted from the waste stream.' A small quantity of yard waste is disposed from single family households. Together,an additional—5,000 tons of recyclables and yard waste could be captured from the single family sector, at current generation rates. If all of this material could be captured,' it could add an additional three percentage points to the Citywide diversion rate. • Targeting commercial and multi-family recycling. The commercial and multi-family sectors are significantly larger than the single family sector,but with less City control over how materials are managed.An estimated 11,200 tons of single-stream recyclable material was landfilled by the ' Currently,no cities are known to have achieved capture rates nearing 100 percent. Seattle,Washington has achieved an 85 percent capture rate for single-family recyclables and King County has achieved an 80 percent capture rate for accepted commercial recyclables.Achieving 100 percent capture rate in intended to serve as a theoretical maximum. City of Denton, Texas ES-2 Burns & McDonnell 433 434 Comprehensive Solid Waste Management Strategy Executive Summary commercial and multi-family sectors in 2020. If all of this material could be captured,' it could add an additional seven percentage points to the Citywide diversion rate. • Implementing food waste diversion programs.Food waste is the largest divertible component of the landfilled waste stream in the City,with an estimated 30,400 tons of commercial food waste and 11,800 tons of residential food waste landfilled in 2020. If all of this material could be captured,' it could add an additional 27 percentage points to the Citywide diversion rate. Based on data presented in this CSWMS,the City managed a total of 158,909 tons material through its residential and commercial collection services in 2020,including a total of 7,062 tons of recycling and 30,600 tons of organics which were recovered from residential and commercial generators. A small quantity of HCC, electronics, drug kiosk and C&D metals were also reported as recycled. In total,this is equivalent to approximately a 24 percent diversion rate. In the near term(e.g.,by 2030), increasing the capture rate of current program materials will result in increased diversion;however, achieving a Citywide diversion rate above 24 percent will likely be challenging without implementing new programs targeting large quantity materials such as commercial food waste. Longer-term, achieving higher diversion rates(e.g.,40-50 percent)could be considered achievable through strong residential and commercial recycling programs that include significant food waste diversion.Achieving diversion rates above 60 percent could be considered aspirational,though as materials and technology continue to evolve and the policy and regulatory landscape may change,2 higher diversion rates(calculated based on recycling and organics diversion) could become more achievable. Stakeholder Engagement The CSWMS development process engaged stakeholders from the community and multiple City departments. Community stakeholders engagement included a survey of Denton residents and other community members(e.g.,business owners)and a community Think Tank group. The stakeholder engagement process included 883 responses to the community survey, and a series of three Think Tank workshop meetings. Responses from the survey and visioning results from Think Tank group provided a data-driven approach to were used to understand the key emergent trends and vision for the City of Denton, specifically: z For example,future technology development may support cost-effective recycling of additional types of containers or packaging;or policy or market factors may result in manufacturers phasing out non-recyclable packaging,thereby increasing diversion rates by reducing total landfilled material. City of Denton, Texas ES-3 Burns & McDonnell 434 435 Comprehensive Solid Waste Management Strategy Executive Summary • There was a strong Think Tank vision for"Change the future now!"indicating a clear direction of change toward sustainability and the integration of policy and technology to achieve increased diversion. • The Think Tank and survey responses show community support for near-term action for recycling and solid waste management. • The community survey responses identified three top trends/needs: recycling education; population growth and increased waste; and landfill capacity. The full results of the stakeholder engagement process are presented in the Vision for Denton Think-Tank Report(Appendix B). Guidance for Reading the CSWMS The CSWMS is organized into three overall sections: (1)introduction, (2) strategy evaluation and recommendations, and(3)the implementation plan. The introductory sections provide key context about the CSWMS,materials management trends,regulations,projected material management needs, and regional facilities and infrastructure. Strategy evaluation and recommendation sections are dedicated to defining, evaluating and developing recommendations for each of the six strategies presented as part of the CSWMS. The implementation plan presents the tactics and recommendations for the City to implement each of the six strategies, as well as an evaluation of the financial and environmental impacts The six strategies of the CSWMS are described below. • The Strategy to Enhance Education, Outreach and Compliance. Providing effective public education and outreach to residential and commercial customers is critical for the ongoing and future success of the City's solid waste and recycling programs. The City currently provides a robust education and outreach program for residents,complemented by cart tagging and contamination tracking. This strategy evaluates and recommends enhancements to these programs to address system challenges and improve program performance(i.e., contamination rate, participation rate,diversion rate),which can drive increased sustainability. • The Strategy to Implement Innovative Organics Management. Organic materials comprise a significant amount of the total waste stream generated from the residential,commercial,and industrial sectors and present an opportunity for diversion. Effective organics management can reduce the amount of waste that is sent to the landfill,generate renewable energy through anaerobic digestion, create a valuable compost product, and return nutrients to the soil. This strategy evaluates and recommends tactics to implement innovative organics management City of Denton, Texas ES-4 Burns & McDonnell 435 436 Comprehensive Solid Waste Management Strategy Executive Summary focused on two-pronged approach: to increase the diversion of food waste recovery from commercial generators where clean food waste materials can be collected and processed efficiently,and to increase awareness and technical assistance City-wide of reduction and diversion strategies. • The Strategy to Efficiently Use Landfill Capacity.Landfills will play a necessary role in materials management through the 2040 planning horizon, even with increasing rates of recycling,waste reduction efforts, and technological advancement. Regional growth and facility closures will increase landfill demand and value in the future. The City owns and operates the Denton Landfill,placing it in a position of self-determination regarding refuse disposal and capacity planning. This strategy evaluates and recommends tactics to efficiently use landfill capacity that are focused on efforts to balance the need to preserve airspace while meeting short- and long-term revenue needs. • The Strategy to Plan for Future Growth and Infrastructure.While the local and regional infrastructure and capacity is currently sufficient to meet the City's current needs,the City is experiencing rapid growth, including concentrated growth in the Hunter Ranch and Cole Ranch Mater Planned Communities(MPCs). This growth will result in increased waste generation (residential, commercial,and construction and demolition(C&D)materials) as well as potential operational challenges when continuing to provide cost-effective and efficient waste and recycling services. This strategy evaluates and recommends tactics to plan for future growth that are focused on actions the City can take to continue to safely and efficiently manage the materials generated in the City and to increase diversion as more materials are generated from increasing population and associated construction and development. • The Strategy to Optimize Recycling Processing. Many recycling facilities, including the Pratt MRF which processes the City's single-stream recyclables,receive materials that are not suitable for processing at the facility or could be managed through alternatives. The City has programs to divert many of these challenging materials,however there are opportunities to expand diversion and increase processing efficiency. This strategy evaluates and recommends tactics to optimize recycling processing that are focused on considerations to improve MRF processing by diverting challenging or hard-to-recycle materials before they reach the MRF as well as securing sufficient recycling processing capabilities. • The Strategy to Support New Markets and Leverage Partnerships.Many valuable materials (e.g.,furniture)can be diverted for reuse prior to entering the solid waste management system. Increasing the diversion of these materials through reuse can address community and recycling market needs while increasing diversion. This strategy evaluates and recommends tactics to City of Denton, Texas ES-5 Burns & McDonnell 436 437 Comprehensive Solid Waste Management Strategy Executive Summary support new markets and leverage partnerships that are focused on actions the City can take to increase the supply and demand of reusable items and recycled products through partnerships and other methods outside of the City's solid waste program. Key Findings and Priority Next Steps The following summarizes the most salient key findings and recommendations related to each of the six strategies in the CSWMS. The implementation and funding plan(see Section 12.0)prioritizes recommendations and next steps developed as part of the CSWMS. • The City's current education and outreach program is robust,however program metrics can be enhanced to provide a clear and measurable definition of success. For the City, material capture rate,recycling contamination rate,and waste reduction rate can serve as valuable metrics to understand how well education and outreach program content impacts residents and others in the City to participate in recycling programs(through material capture rate),recycle the right materials (through contamination rate), and engage in other sustainable behavior for waste reduction(through waste reduction rate).With these metrics, it is essential to have quality data to benchmark and track the progress of education,outreach and compliance efforts and goals. The City currently tracks data related to its waste and recycling programs from a variety sources, including the quantities of material collected through its curbside programs (primarily residential data), information on collection activity from on-board technology, and estimates of recycling contamination from the Pratt recycling facility. The City has also participated in NCTCOG waste composition studies, which provide insight into the composition of its waste and recycling streams and resulting capture rates of recyclable materials. • The City's current cart audit and"oops"tag cart-tagging programs have been successful in decreasing contamination in highly contaminated routes. Incorporating compliance incentives into the existing program can help further deter contamination and improve recycling behavior. • The City has the opportunity,infrastructure,and financial support to pilot a commercial organics composting or co-digestion program at Pecan Creek Wastewater Treatment Plant (WWTP). The commercial sector presents the greatest food waste diversion potential for the City with over 30,000 tons of commercial food waste generated in the City and subsequently disposed in landfill in 2020. The City has existing anaerobic digestion infrastructure and biogas upgrading experience,providing the potential to convert clean source-separated commercial organics to energy in partnership with the Pecan Creek WWTP. Recent support through a North Central Texas Council of Governments (NCTCOG)grant provides financial support for the City to pilot this new organics management approach. City of Denton, Texas ES-6 Burns & McDonnell 437 438 Comprehensive Solid Waste Management Strategy Executive Summary • The recent landfill expansion provides long term capacity for the City. If diversion rates do not improve,the City currently has sufficient capacity through at least 2057 and potentially through 2077. The City's landfill space will only increase in value over time as the area continues to grow and more landfills reach capacity. As a City-owned and operated landfill,the City maintains control over its disposal needs and should consider the Denton Landfill a valuable resource. The City should anticipate increased interest from third-party haulers and private waste management companies to operate or acquire the facility;however,the City should seek to maintain its status as owner-operator. • Landfill pricing and contract structures could be leveraged to support the City's costs of services while also encouraging diversion in surrounding communities. The Denton Landfill is an important disposal resource not just for the City but also for north and west areas of the region where disposal alternatives and diversion programs are limited(e.g.,Wise County). While the City provides essential sanitary service to these communities through the safe disposal of non- recyclable wastes,there is an opportunity to divert material from these communities as well. The City can leverage its pricing structures to incentivize third-party communities to divert by contracting directly with communities(rather than their contracted hauler)and implementing a discount structure that provides an increase discount rate based on documented diversion tonnages. This approach could be used to attract increased volumes of recycling material to the Pratt MRF(or future expanded regional MRF)as well as the potential regionalization of other City programs for improved economies of scale to help facilitate recycling of City-generated materials. • There is opportunity and need for decreased contamination,increased recycling participation and diversion,and standardized services in the multifamily and commercial sectors.As residential and commercial activity increases in the City as a result of growth, it is important for the City to develop sector-specific plans to address key challenges or needs, including to: (1)address contamination through education and outreach and additional ordinance(s) such as contamination limits and reclassification of highly contaminated commercial or multifamily recycling loads and refuse; (2) develop a multifamily recycling implementation plan, including expanded opportunities(e.g., drop-off programs)and ordinances(as desired)to expand multifamily recycling access and requirement as warranted by program performance; and (3)develop a commercial recycling implementation plan, including expanded opportunities(e.g., partnerships)and ordinances(as desired)to expand commercial recycling access and requirement as warranted by program performance. City of Denton, Texas ES-7 Burns & McDonnell 438 439 Comprehensive Solid Waste Management Strategy Executive Summary • As residential and commercial activity increases in the City as a result of growth,it is important for the City address the opportunities and needs for construction& demolition (C&D) material management. While C&D recycling infrastructure exists in the area,many C&D materials can be reused rather than recycled. There is opportunity for the City to establish a City-operated C&D Reuse Warehouse at Building 651,to provide an opportunity for the diversion of re-use quality C&D materials. Additionally,the City can develop a C&D recycling implementation plan, and desired ordinance(s)to incentivize C&D recycling through existing regional capacity and reuse through the City-operated facility. • The City has programs that divert many challenging materials in the recycling stream,but there are opportunities to expand recovery. The City's home chemical collection(HCC), curbside yard waste, and bulky collection programs provide for the proper collection of materials that would become contamination at the Pratt MRF. The City should leverage its education and outreach program to further increase the awareness of how to divert these materials, including the use of existing resources(e.g.,NCTCOG"Know What to Throw"and NRDC food waste source reduction).New programs or services that the City should consider in the near-or long-term to increase diversion of challenging materials include recycling facility upgrades for improved processing capabilities, drop-off recycling for expanded polystyrene(EPS,"Styrofoam") partnerships with other entities for safe sharps disposal and reusable furniture/household items, and hosting paper shredding events to capture this material for recycling. • Explore recycling processing options that include a regional recycling approach. Given the limited recycling processing capacity in Denton and Collin Counties and anticipated growth in the region,it is important for the City to plan appropriately for any efforts to increase recycling to identify options for new capacity and/or facilities. Options for developing additional recycling processing capacity include exploring expanded recycling at the Pratt recycling facility and alternatives such as accepting responsibility for the processing of recycling materials either solely or through partnerships with other cities in the area(e.g.,McKinney,Plano) once the current recycling processing agreement with Pratt ends in 2028. • There are coordination opportunities for the SWR Department with other City departments to increase diversion through sustainability initiatives,programs,and services. As the service provider, SWR may be department most associated with waste and recycling; however, other departments can plan important roles in enacting initiatives and policies to advance sustainable materials management. These include collaboration with: o Parks&Recreation to address opportunities to increase public space recycling o Pecan Creek WWTP to advance a long-term strategy related to organics diversion City of Denton, Texas ES-8 Burns & McDonnell 439 440 Comprehensive Solid Waste Management Strategy Executive Summary o Procurement&Compliance to develop environmental procurement programs to support recycling markets • There are community needs that could be met through coordination with local entities to recover specific materials. By directly partnering or supporting and facilitating programs established by local universities or non-profits,the City can help divert materials that would otherwise be collected and landfilled through City-provided disposal service. Potential examples include reuse and donation drop-off at college move out to support shelters and homelessness services, including the Loop 288 Building/Our Daily Bread initiative; and food waste diversion efforts to support food banks and soup kitchens. City of Denton, Texas ES-9 Burns & McDonnell 440 441 Comprehensive Solid Waste Management StrategyRevision ev. No. or Ltr Overview, Priorities and Objectives 1.0 OVERVIEW, PRIORITIES AND OBJECTIVES 1.1 Purpose Developing a Comprehensive Solid Waste Management Strategy(CSWMS)is a critical step in purposefully shaping the future of the City of Denton's (City) solid waste/material management system as economic and population growth continue and market factors evolve. Planning and implementing an integrated solid waste management strategy is a complex and challenging endeavor encompassing a host of issues: technological, institutional,legal, social, economic, and environmental. As cities throughout the United States pursue solutions to their solid waste management challenges,it is apparent that no single method,technology,or program offers a complete solution;rather, a combination of methods is required to provide for appropriate and cost-effective management of all material types,while continuing to build an integrated management system. The purpose of the CSWMS is to provide a framework to guide the City's future materials management system and to develop infrastructure,programs,and policies necessary to manage materials in alignment with the Guiding Principles of the CSWMS (Section 1.2). 1.2 Guiding Principles The Solid Waste and Recycling Department established the Guiding Principles to direct the development of specific strategies presented throughout the CSWMS (refer to Section 1.5). The four Guiding Principles are: 5. Develop innovative municipal solid waste(MSW)management methods consistent with the waste management hierarchy to achieve as much MSW reduction,reuse, and diversion from landfill disposal as sustainably feasible [based on economic,regulatory,environmental and social constraints]. The materials management hierarchy(see Section 2.3 for further detail) describes the environmentally preferred methods for managing materials,ranking the various methods of diversion,with disposal(landfilling or incineration) as the least preferred. The CSWMS is focused on increasing the effectiveness of traditional recycling and exploring options for increased organics diversion where these options can be feasibly implemented based on economic,regulatory, environmental and social constraints. Source reduction is another City of Denton, Texas 1-1 Burns&McDonnell 441 442 Comprehensive Solid Waste Management StrategyRevision Rev. No. or Ltr Overview, Priorities and Objectives environmentally-preferred method of diversion, focused on reducing consumption,that the City may further explore in the long-term in subsequent CSWMS updates.' 6. Provide MSW services that are convenient,environmentally conscious,and cost-effective for customers and the City. There are many approaches the City could implement in working toward its goals of increased diversion and sustainable materials management, and all have inherent costs. The strategies included in the CSWMS are intended to strike a balance between maintaining a cost-effective management system for both the City and its customers,while taking meaningful steps toward a sustainable and environmentally responsible future. 7. Balance landfill revenue with capacity preservation and collaborate with third-party landfill customers to implement efforts consistent with the waste management hierarchy. The importance of Guiding Principle 1 is emphasized by Guiding Principle 3. With the recognition that landfill capacity is a finite resource in the region and will become increasingly valuable for the City in the future,it is important for the City to continuously seek or improve upon methods of landfill diversion. This CSWMS recognizes that the Denton Landfill is an important disposal resource not just for the City but also for north and west areas of the region where disposal alternatives and diversion programs are limited(e.g.,Wise County). While the City provides essential sanitary service to these communities through the safe disposal of non- recyclable wastes,there is an opportunity to divert material from these communities as well. 8. Strategically utilize program data and technology for informed decision-making. Strengthening the City's mechanisms for consistent data tracking and increasing diversion activities within the commercial and institutional sector is a key objective of the CSWMS. In the past,the primary focus has been on the single-family residential sector,resulting in an effective program. Enhancing the City's ability to obtain commercial and institutional generation and recycling data,and integrating key generation,recycling, and contamination data into outreach and engagement,is an essential step in developing and implementing targeted and effective strategies for future materials management. 1.3 Project Approach During the CSWMS planning process,Burns &McDonnell worked with the City of Denton to evaluate current systems and programs to identify potential strategies and options for key solid waste and resource 'Material bans(i.e.,banning materials such as single-use bags from sale within the City)are an example of source reduction programs that could be enacted by local government;however,such policies currently cannot be enforced due to the Texas Supreme Court ruling in City of Laredo, Texas v Laredo Merchants Association. City of Denton, Texas 1-2 Burns&McDonnell 442 443 Comprehensive Solid Waste Management StrategyRevision Rev. No. or Ltr Overview, Priorities and Objectives recovery issues, as presented in subsequent sections of the CSWMS. The CSWMS was developed to evaluate current programs and identify key near- and long-term trends influencing recycling and solid waste management in the City. The CSWMS process included external stakeholder engagement (including a community Think Tank process described in more detail in Section 1.3.1), City Council communications, detailed evaluation of strategies, and development of a detailed implementation plan. Figure 1-1 presents the planning process the City and its consultant, Burns & McDonnell,utilized in developing the CSWMS. Figure 1-1: City of Denton CSWMS Development Process GoalsReview Prior Establish Develop I Studies/Plans Objectives Implementation Current System Identify Alternatives Plan and Funding Plan Review Evaluate Options Develop Schedule Waste Generation Protections Evaluate Cost of StrategyWrite Options and (omposition StudyStrategies Evaluate Existing Develop Strategies Strategy Solid Waste System and Options Workshop Management Study City/Stakeholderg,g and Public Outreach The CSWMS development process engaged select stakeholders within the City's departments and included meetings and workshops between the Solid Waste &Recycling Department, Burns & McDonnell, and other relevant City Departments and programs (e.g.,Water Utilities, Sustainable Denton). 1.3.1 Goals and SWOT Analysis As part of the CSWMS project approach, City Staff participated in a project kick-off workshop to identify goals (e.g.,increase diversion, be cost-effective) and conduct a SWOT(strengths,weaknesses, opportunities, and threats) analysis. Findings from the kick-off workshop were used as background information to guide the CSWMS development, including setting the guiding principles(see Section 1.2). The full results of the goalsetting and SWOT analysis are provided in Appendix A. City of Denton, Texas 1-3 Burns&McDonnell 443 444 Comprehensive Solid Waste Management StrategyRevision Rev. No. or Ltr Overview, Priorities and Objectives 1.3.2 Stakeholder Engagement The stakeholder engagement approach for the CSWMS was comprised of two components, a survey of Denton residents and other community members(e.g.,business owners) and a resident Think Tank group. The stakeholder engagement process included 883 responses to the community survey, and a series of three Think Tank workshop meetings. Responses from the survey and visioning results from Think Tank group provided a data-driven approach to were used to understand the key emergent trends and vision for the City of Denton, specifically: • There was a strong Think Tank vision for"Change the future now!"indicating a clear direction of change toward sustainability and the integration of policy and technology to achieve increased diversion. • The Think Tank and survey responses show community support for near-term action for recycling and solid waste management. • The community survey responses identified three top trends/needs: recycling education; population growth and increased waste; and landfill capacity. The full results of the stakeholder engagement process are presented in the Vision for Denton Think-Tank Report(Appendix 13). 1.4 Key Terms This section presents definitions of a selection of key terms utilized throughout the CSWMS that are necessary for a comprehensive understanding of the current MSW management system and strategies that will be implemented in the future. Sectors. This section defines the terminology utilized throughout this CSWMS to discuss the five distinct generation sectors or MSW customer types(as well as other MSW management topics)that the City engages through its solid waste and recycling systems and programs. • Single-family residential. The single-family residential sector is defined as single-family households and the materials generated by these households. In Denton,the single-family residential sector also includes residential properties having four or fewer housing units. • Multifamily residential. The multifamily residential sector is defined as residential properties having greater than four individual housing units (e.g., apartment complexes, condominiums, etc.) and the material generated by these households. Multifamily MSW is collected,processed, and reported in combination with commercial material. Generally,MSW data specific to the City of Denton, Texas 1-4 Burns&McDonnell 444 445 Comprehensive Solid Waste Management StrategyRevision Rev. No. or Ltr Overview, Priorities and Objectives multifamily sector is not available. Estimates regarding multifamily generation were developed, as described in Section 3.3.2. • Commercial and institutional. The commercial and institutional sector refers to commercial (offices,retail and wholesale establishments,restaurants, etc.)and institutional(schools,libraries, hospitals, local government, etc.) entities and the material generated by these entities. Distinction between the commercial and institutional sector and the multifamily sector is made throughout this CSWMS,where applicable. • Construction and demolition(C&D)material. C&D material is defined as materials that are generated by construction,demolition, or renovation projects and includes,but is not limited to, materials such as brick,roofing materials,wood,flooring, drywall, insulation,concrete, and asphalt. C&D material is not included in the category of MSW as defined below and was included in this CSWMS as a distinct sector because it is generated by multiple customer types, including single-family,multifamily,commercial, and the public sector(e.g.,municipal, state, or federal). • Events and public spaces. The events and public spaces sector is defined as materials that are generated through activities and special events taking place in various public locations throughout the City, such as parks, sports facilities,pedestrian areas, and various events held by the City each year. Material types. This section defines the terminology utilized throughout this CSWMS to discuss the varying material types that the City manages through its solid waste and recycling systems and programs. • Municipal solid waste(MSW). MSW refers to the entirety of the material stream(refuse and recycling)that is generated by everyday activities in homes,commercial businesses, institutions, and public spaces. MSW can be further categorized by material types including refuse, recyclables,bulky items, organics,and home chemical collection(HCC) and other special wastes, as defined below. MSW does not include commercial hazardous waste or industrial, agricultural, or mining wastes. • Refuse. Refuse is the portion of MSW that cannot practically be recycled,reused, or otherwise diverted from disposal. True refuse has no viable handling methods other than disposal. However, in most communities, a portion of the material disposed as refuse has the potential to be recycled or otherwise diverted. • Recyclables. Recyclables includes single-stream recyclables, or programmatic recyclables,which refers to materials that are typically accepted through municipal curbside recycling programs or at City of Denton, Texas 1-5 Burns&McDonnell 445 446 Comprehensive Solid Waste Management StrategyRevision Rev. No. or Ltr Overview, Priorities and Objectives drop-off locations,processed through materials recovery facilities(MRF), and sold as commodities to markets where the material is then repurposed. These programmatic recyclables include,but are not limited to, items such as plastic and glass containers, aluminum and steel cans,cardboard, and other various paper products. Recyclables also includes other materials that can be recycled, such as textiles, electronics,appliances, and film plastic,which can also be referred to as hard-to-recycle materials. • Bulky items.Bulky items generated by households or commercial customers that are too large to be placed inside a customer's regular collection container. Bulky items include items such as furniture,mattresses,metal,cardboard, and limited quantities of carpet and fencing. • Organics. Organics include plant or animal-based materials. Organics have the potential to be diverted from landfill disposal through composting or mulching processes. Within the category of organics there are many sub-categories of materials including: o Yard trimmings. Vegetative material generated from property maintenance or landscaping is categorized as yard trimmings and includes grass clippings, leaves,plants, small cuttings,brush, and tree limbs. o Food scraps. Food scraps are materials such as fruit,vegetables,meat and dairy products. Often,processing of food scraps also includes food-soiled biodegradable items such as napkins,paper plates, and compostable food containers. o Biosolids. Solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in treatment works(sewage sludge that has been treated or processed to meet Class A, Class AB, or Class B pathogen standards for beneficial use). o Wood waste.Non-C&D items such as pallets. o Other.Items such as natural textiles,material pumped from septic tanks(septage),water treatment plant residuals, fats, oils, and greases(FOG), dead animals,and manure. • Home chemical collection(HCC) and other special wastes. HCC programs include common household chemicals or other household materials that should not be disposed of in MSW landfills due to their potential for adverse environmental and human health impacts. They require special disposal by an entity that is permitted by the Texas Commission on Environmental Quality(TCEQ). HCC program materials include,but are not limited to,materials such as paints, fertilizers,pesticides and poisons,pool chemicals,household cleaners,and automotive products. HCC does not include chemicals or other materials generated by commercial or industrial entities. • Construction& demolition(C&D) debris. C&D debris is defined as solid waste resulting from the construction,remodeling,repair, and demolition of structures,roads, sidewalks, and utilities. Material is generated from residential,commercial, and public sector(e.g.,municipal, state, or City of Denton, Texas 1-6 Burns&McDonnell 446 447 Comprehensive Solid Waste Management StrategyRevision Rev. No. or Ltr Overview, Priorities and Objectives federal)projects. It includes,but is not limited to,materials such as brick,roofing materials, wood, flooring,drywall,non-asbestos insulation,concrete,and asphalt.Most C&D debris is disposed in separate C&D permitted landfills. Smaller amounts may be recycled or reused. Material management. This section provides definitions regarding the total amount of materials generated within the City and the material disposal or processing streams that comprise total generation quantities. • Generation. Total material generated is the quantity of material that the City must manage through its various disposal and recycling programs and services. Generation is the total quantity of material disposed plus the total quantity of material recycled or otherwise diverted from disposal. • Diversion. Within this CSWMS, diversion refers to the proportion of generated material that is collected and diverted from landfill disposal. Diversion methods include single-stream recycling, organics diversion though composting or mulching,HCC recycling,reuse,and other diversion methods. Currently,yard trimmings accounts for most of the City's diverted material. For Denton, single-family residential diversion quantities of single-stream, HCC, and yard trimmings materials through City services(curbside and drop-off collection) are tracked and the City currently has a residential diversion rate of approximately 23 percent. Commercial and C&D diversion quantities for the City are not available. Some cities also include reuse materials in landfill diversion rates; however,reuse materials are not currently included in the City's diversion rates discussed in this CSWMS because reuse material quantities are small and difficult to quantify. There are various methods for measuring diversion(as discussed in the"Material Waste Diversion and Alternative Metrics"portion of Section 2.3). • Disposal. Disposal refers to all remaining material placed in landfills that has not been recycled, composted, or otherwise diverted. Disposed materials include some quantities of materials that were not recovered prior to disposal but could potentially be recovered through improvement of recycling and other diversion programs, infrastructure, or education. City and regional waste characterization and potential for increased recovery of materials from materials currently disposed in landfills is further addressed in Section 3.4 and Appendix C. 1.5 Guide to the CSWMS Sections Sections 2.0 through 4.0 of the CSWMS each present discussion and analysis of current trends, infrastructure and programs relevant for identifying and defining the six strategies of the City's CSWMS, which were developed to align with the Guiding Principles. Specifically,these six strategies are to: City of Denton, Texas 1-7 Burns&McDonnell 447 448 Comprehensive Solid Waste Management StrategyRevision Rev. No. or Ltr Overview, Priorities and Objectives • Enhance Education, Outreach, and Compliance • Implement Innovative Organics Management • Efficiently Use Landfill Capacity • Plan for Future Growth and Infrastructure • Optimize Recycling Processing • Support New Markets and Leverage Partnerships Sections 5.0 through 10.0 of the CSWMS each present a detailed discussion of one strategy,including evaluation of the City's current program or approach to the strategy,benchmarking or case studies considered in the development of the CSWMS, and the identification of key findings and recommendations for the City to implement each strategy. Section 11.0 presents the tactics and recommendations for the City to implement each of the six strategies,as well as an evaluation of the financial and environmental impacts. Section 12.0 is a complete, high-level implementation plan,compiling the strategies presented and evaluated in Sections 5.0 through 10.0. The implementation plan presents the following information for each of the six strategies of the CSWMS: • Strategy recommendations and tactics • Priority • Increased diversion potential • Financial impact • Potential funding sources • Implementation timing • Responsible party City of Denton, Texas 1-8 Burns&McDonnell 448 449 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew 2.0 SOLID WASTE AND RECYCLING TRENDS, POLICIES AND REGULATORY REIVEW This section provides a broad perspective of the historic and current state of the MSW management environment in which the City is developing this CSWMP. It provides a review of relevant existing planning studies, a summary of relevant laws and regulations, and information on key trends in MSW management. Discussion for each key trend also includes information on the City's activities and progress related to the trend, identification of any challenges or threats to implementing actions related to the trend, and recommendations for how the City could address the trend moving forward. 2.1 Review of Relevant Planning Studies Understanding prior MSW and community planning projects completed at the local,regional,and state levels is a critical step in effectively and efficiently developing the CSWMS for the City. To inform development of this strategy,Burns&McDonnell reviewed the following studies and plans presented chronologically. • Simply Sustainable: A Framework for Denton's Future"This plan was adopted in June 2020, and provides a framework,goals, and sustainability metrics for many of the City's activities including Material Resource Management. Established goals are to reduce solid waste generation and divert material away from landfill; and leverage the City's purchasing power through sustainable procurement. • City of Denton Plan 2030'This plan was adopted in 2015 and is a comprehensive plan to address the anticipated growth in the City and the DFW Metroplex. The plan examines current and potential land use and growth strategies,and recommends goals,policies, and actions to guide the City's growth in areas such as mobility,urban design, community health,and infrastructure. Recommendations related to solid waste and recycling focus on three areas: waste minimization and reuse, efficient solid waste and recycling collections, and environmental protection and disposal capabilities. • North Central Texas Council of Governments(NCTCOG) Regional Solid Waste Management Plan 2015-2040. This plan was approved in 2015 and covers a 25-year planning "City of Denton 2020."Simply Sustainable:A Framework for Denton's Future"Available online: hops://www.cityofdenton.com/CoD/media/City-of- Denton/Residents/Make%20a%20Difference/Sustainable%20Denton/Exhibit-2-Simply-Sustainable-Framework- Final-Copy I.ndf 5 City of Denton 2015."Denton Plan 2030:Our path to the future"Available online: hltps://www.cityofdenton.com/CoD/media/City-of-Denton/Govemment/Denton_Plan_2030.pdf City of Denton, Texas 2-1 Burns & McDonnell 449 450 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew period for the NCTCOG,the 16-county regional planning area in the North Central Texas region. The primary purposes of this plan are to inventory closed landfills, quantify regional landfill capacity in relation to projected future growth in waste generation,identify the region's most prominent needs and problems, and outline activities and priorities to be initiated throughout the planning period.6 NCTCOG is currently in the process of updating this regional planning effort. • City of Denton Solid Waste Comprehensive Plan. • TCEQ Study on the Economic Impacts of Recycling. This 2017 study, completed by the Texas Commission on Environmental Quality(TCEQ)as outlined in House Bill 2763, documented the quantities of MSW recycled and landfilled in Texas. The report provides a state- level understanding of 2015 recycling and landfill disposal quantities and composition and provides key economic and market trend data.' • TCEQ Recycling Market Development Plan. The TCEQ recently published the Recycling Market Development Plan (RMDP)to promote the use of recyclable materials as feedstock in processing and manufacturing. Similar to the Study on the Economic Impacts of Recycling,the RMDP will provide state-level estimates of recycling and landfill disposal quantities statewide and estimates the resulting economic benefits of recycling. The RMDP will also provide a plan to increase recycling, developed based on the key barriers and opportunities identified across the State. Plan development began in February 2020,and a final report was published in September 2021.8 2.2 Regulatory and Policy Review Prior regulations and policies related to material management,as well as trends and the current regulatory climate,have largely shaped the state of material management and defined the environment in which this CSWMS was developed. This section provides a summary of federal and state regulations,policies, and trends. 2.2.1 Role of the Federal Government in Regulating Solid Waste The federal government sets basic requirements for regulations that protect public health and the environment,which helps to provide consistency among states. The United States Environmental 'North Central Texas Council of Governments(NCTCOG).2015. "Planning for Sustainable Materials Management in North Central Texas 2015-2040."Available online:hops://www.nctcoa.ora/envir/materials- manaaement/materials-management-plan 7 Texas Commission on Environmental Quality(TCEQ).July 2017."Study on the Economic Impacts of Recycling." Available online:hops://www.tceq.texas.goy/p2/recycle/study-on-the-economic-impacts-of-recycling. 8 TCEQ.August 2021. "Recycling Market Development Plan."Available online: https://www.tceq.texas.gov/assets/public/assistance/P2Recycle/Recyclable- Materials/2021%20Recycling%20Market%20Development%20Plan.pdf City of Denton, Texas 2-2 Burns & McDonnell 450 451 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew Protection Agency(U.S. EPA) is responsible for hazardous and non-hazardous solid waste management through the Office for Solid Waste and Emergency Response. There are three major pieces federal legislation pertaining to solid waste management:9 1. Prior to 1965, solid waste management was entirely dependent on the judgement and decisions of individuals or local departments of health and sanitation. In 1965, Congress made its first attempt to define the scope of the nation's waste disposal problems by enacting the Federal Solid Waste Disposal Act(SWDA),which financed statewide surveys of landfills and illegal dumps. 2. The first significant federal legislation governing the disposal of non-hazardous and hazardous waste was passed in 1976 under the Resource Conservation and Recovery Act(RCRA). RCRA established landfill construction,management, and closure guidelines. It also regulates hazardous waste management facilities that treat, store, or dispose of hazardous waste. RCRA has been amended three times since its inception:10 0 1984 Hazardous and Solid Waste Amendments,requiring the phasing out of land disposal of hazardous wastes and granting the U. S. EPA regulatory authority over landfills (Subtitle C Hazardous Waste and Subtitle D Non-hazardous waste) 0 1992 Federal Facility Compliance Act, strengthening enforcement of RCRA at federal facilities 0 1996 Land Disposal Program Flexibility Act,providing regulatory flexibility for land disposal of certain wastes 3. The Comprehensive Environmental Response, Compensation, and Liability Act(CERCLA)of 1980,known as Superfund,was enacted by Congress to address abandoned hazardous waste sites in the United States. CERCLA was subsequently amended by the Superfund Amendments and Reauthorization Act of 1986(SARA)to stress the importance of permanent remedies,provide for increased state involvement, and increase federal funding.11 The Office of Air and Radiation regulates solid waste-related air emissions, enforcing the Clean Air Act of 1976 (CAA) and its subsequent amendments.12 In addition to federal legislation,there are national policies in place and under development to guide lawmakers to develop and implement future legislation. On November 17,2020 the U.S. EPA established 9 Texas Center for Policy Studies. 1995."Texas Environmental Almanac."Available online: hlt2://www.texascenter.org/almanac/ 10 U.S.Environmental Protection Agency(U.S.EPA). 2017."History of the Resource Conservation and Recovery Act(RCRA)."Available online:https://www.epa.gov/rcra/histo!y-resource-conservation-and-recovery-act-rcra 11 U.S.EPA. 2017. "Superfund: CERCLA Overview."Available online:hops://www.epa. og v/superfund/superfund- cercla-overview 12 U.S.EPA. 2020."Summary of the Clean Air Act 42 U.S.C. §7401 et seq. (1970)."Available online: hltps://www.epa.gov/laws-regulations/summM-clean-air-act City of Denton, Texas 2-3 Burns & McDonnell 451 452 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew the National Recycling Goal of 50 percent by 2030 to provide the benchmarks needed to evaluate the success of the collective efforts to significantly improve the nation's recycling system. The metrics identified in the National Recycling Goal are based on the broad objectives of the draft National Recycling Strategy and are divided into four categories: assessing recycling performance,reducing contamination, increasing processing efficiency and strengthening recycled material markets. The National Recycling Goal aims to create standardized definitions for the recycling industry to keep pace with today's diverse and changing waste system. The following lists the measures that will be used to track the progress toward the National Recycling Goal. o Measure 1: Reduce contamination in recycling. This will be calculated by examining the percentage of contaminants in the recycling stream. o Measure 2: Make the national recycling processing system more efficient. This will be measured by tracking the percentage of materials successfully recycled through recycling facilities compared to the inbound material. o Measure 3: Strengthen the economic markets for recycled materials. This will be measured by tracking the average price per ton of recycled material on the secondary materials commodity market. The related National Recycling Strategy identifies objectives and actions needed to create a more resilient and cost-effective recycling system nationwide. The draft National Recycling Strategy was open for public comment until December 4,2020 and is expected to be finalized in late 2021. The National Recycling Strategy will be aligned with and support implementation of the National Recycling Goals. To address food loss and waste nationwide,the U.S.EPA established a national goal on September 16, 2015 to reduce food loss and waste by 50 percent by 2030. The Food Loss and Waste Reduction Goal was a joint effort with the U.S. Department of Agriculture to address food insecurity and reduce landfill methane emissions. The goal aims to reduce the amount of food waste generated and subsequently managed(e.g.,through landfilling,composting, anaerobic digestion, etc.), and was updated in September 2021 to align with the United Nations' Sustainable Development Goals. Achieving the target 50 percent reduction is equivalent to reaching a total generation rate of 164 pounds of food waste per person per year (including food waste recycled through composting or anaerobic digestion). National organizations other than the federal government also play a role in national solid waste policies and trends. The Recycling Partnership has been working to develop an initiative called the Circular City of Denton, Texas 2-4 Burns & McDonnell 452 453 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew Economy Accelerator Policy13 to support the collective U.S. residential recycling collection system to develop a collaborative public-private policy solution that includes: o A packaging and printed paper fee paid by private-sector brands to support residential recycling infrastructure and education. o A disposal surcharge on waste generators to help defray recycling operational costs for communities. Packaging and printed paper fees would be based on a needs assessment and data-driven plan. Fees would be calculated to address the level of investments that are needed to provide recycling access to residents on par with disposal,provide education and outreach to residents to reduce rates of inbound contamination, and enhance MRF capabilities to efficiently sort and process collected materials. A third- party Non-Governmental Organization(NGO)would set and collect fees based on the established needs and disburse funds in order to meet statutory goals. Combined,this dual-policy solution is intended to bring key stakeholders together to create funding mechanisms that could address the infrastructure, education and operational challenges facing the recycling collection system. 2.2.2 Role of the State Government in Regulating Solid Waste Texas has a long-standing solid waste material management regulatory program, initiated with the Texas Solid Waste Disposal Act and passed by the state legislature in 1969. This Act required the Texas Health Department to adopt regulations pertaining to the design, construction,and operation of landfills and other processing facilities. Today,the TCEQ holds jurisdiction over solid waste material management. Several other major pieces of state legislation from the state Senate and House of Representatives have been enacted: 1. The 1983 Comprehensive Municipal Solid Waste Management,Resource Recovery, and Conservation Act,which established the Municipal Solid Waste Management and Resource Recovery Advisory Council,prescribed criteria and procedures for regional planning agencies and local governments that wanted to develop solid waste management plans. 2. The 1987 House Bill 2051 established a preferred hierarchy via state policy for the management of hazardous waste,municipal waste, and municipal sludge. 13 For more information on the Accelerator Policy see the report"Accelerating Recycling:Policy to Unlock Supply for the Circular Economy"here:https://recyclinapartnership.org/accelerator-polio City of Denton, Texas 2-5 Burns & McDonnell 453 454 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew 3. The 1989 Senate Bill 1519 established a solid waste disposal fee program to fund the state's MSW regulatory programs. It required the state's regional planning agencies(Councils of Governments, COGs)to develop regional solid waste management plans and to provide grand funding to support development of local plans. 4. The 1991 Omnibus Recycling Act(Senate Bill 1340), set a statewide recycling goal of 40 percent of its MSW by January 1, 1994 and directed several state agencies to develop a joint market study and strategies to stimulate markets for recycled goods. 5. The 1993 Senate Bill 1051 expanded state recycling programs and amended the state's 40 percent recycling goal. The goal became a 40 percent waste reduction goal,aimed at reducing the total amount of material disposed of in the state through recycling as well as source reduction. 6. The 1993 House Bill 2537 addressed the risks associated with methane gas release from closed landfills by establishing a process for the TCEQ to review proposals and issue permits to build atop closed MSW landfills.14 7. The 2007 Texas Computer Equipment Recycling Law required manufacturers to establish and implement a recovery plan for collection,recycling, and reuse of computer products.15 8. The 2013 House Bill 7 reduced the disposal fees that landfills are required to pay to TCEQ from $1.25 per ton to$0.94 per ton and reduced the percentage allocated to Councils of Governments (COGS)to 33.3 percent. 9. The 2015 House Bill 2736 required the TCEQ to conduct a study to quantify the amount of materials being recycled in the state,assess the economic impacts of recycling, and identify ways to develop new markets to increase recycling. The TCEQ completed Study on the Economic Impacts of Recycling in 2017. 10. The 2019 House Bill 61 was the"Slow Down to Get Around"legislation that established a misdemeanor violation for vehicles that do not adhere to the Transportation Code's requirements of slowing and moving 2 lanes away from a solid waste collection vehicle. 11. The 2019 Senate Bill 649 required the TCEQ to produce a plan to stimulate the use of recyclable material as feedstock in manufacturing. The bill also requires the TCEQ to develop an education program outlining all the ways that recycling provides economic benefits to the state. 12. The 2019 House Bill 1435 authorized the TCEQ to inspect the facility or site before a permit for a proposed MSW management facility is issued, amended, extended, or renewed. 14 Texas Center for Policy Studies. 1995."Texas Environmental Almanac."Available online: hM2://www.texascenter.org/almanac/ 15 Texas Commission on Environmental Quality. "Guidance for the Texas Recycles Computers Program"Available online:hgps://www.tceq.texas.gov/p2/recycle/electronics/computer-recycling html City of Denton, Texas 2-6 Burns & McDonnell 454 455 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew 13. The 2019 House Bill 1953 prohibited TCEQ from treating post-use polymers or recoverable feedstocks as solid waste if the substances are converted(by pyrolysis or gasification) into other valuable products. The state procurement office requires that state agencies give preference to specific types of products known as"first choice purchasing options." These preferred products have a 10 percent price preferential (meaning they should be preferred even if they cost up to 10 percent more than products that do not contain recycled content) and must suit the needs of the purchasing agency. Preferred products include: • Re-refined oils and lubricants(to be 25 percent recycled content, if quality similar) • Certain paper products,including paper towels,toilet paper,toilet seat covers,printing,computer and copier paper,and business envelopes(a state agency is to procure the highest recycled content that meets their needs and is offered by the Comptroller) • Certain plastic products including trash bags,binders, and recycling containers • Steel products Additionally,the state comptroller may give priority to Rubberized Asphalt Paving(RAP)material made from scrap tires by a facility in this state if the cost, as determined by life-cycle cost-benefit analysis,does not exceed the bid cost of alternative paving materials by more than 15 percent. (Texas Government Code §2155.443). In addition to state legislation,the Governmental Entity Recycling Program became effective July 2,2020 and requires local government entities in Texas to create and maintain a recycling program for their operations, as well as create a preference in purchasing for products made of recycled materials when the cost difference is less than 10 percent. o As part of the Governmental Entity Recycling Program, entities must give preference to products made with recycled materials, so long as the products meet applicable specifications as to quantity and quality and the average price of the product is not more than 10 percent greater than the price of comparable non-recycled products. The TCEQ rules require municipalities to: • Separate and collect all recyclable materials • Provide procedures for collecting and storing recyclable material and making contractual or other arrangements with buyers of recyclable materials • Evaluate the amount of recyclable material recycled and modify the recycling program as necessary to ensure that all recyclable materials are effectively and practicably recycled City of Denton, Texas 2-7 Burns & McDonnell 455 456 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew • Establish educational and incentive programs to encourage maximum employee participation To establish a Governmental Entity Recycling Program,municipalities should review purchasing procedures,prioritize purchasing products that are recyclable or contain recycled content, encourage the community buy recycled, and leverage the Texas Smart Buy Membership program(State of Texas Cooperative Purchasing program). 2.2.3 Recent State Legislative Trends The Texas Legislature meets on a biennium, or every other year. When the Texas Legislature is in session,a variety of Senate and House bill proposals relating to solid waste material management are introduced. During the recent 2021 legislative sessions,the Texas Legislature passed the following bills that could have an impact on the solid waste industry: 1. House Bill 1322 requires agencies such as TCEQ to provide plain-language summaries of any proposed rules. 2. House Bull 1869 amends the definition debt in the Tax Code to include debt for"designated infrastructure"including landfills. 3. House Bill 1118 increases cybersecurity requirements for state and local entities, including compliance with cybersecurity training. 4. House Bill 2708 provides some municipalities access to certain hazardous waste remediation fees for reimbursement related to environmental cleanup at used battery recycling facilities. 5. House Bill 3516 requires TCEQ to adopt rules for the treatment and beneficial use of oil and gas waste,including permitting standards for commercial recycling. 6. House Bill 4110 increases recordkeeping requirements and documentation needed when a person attempts to sell a catalytic converter to a metal recycling facility. 7. Senate Bill 211 creates a 30-day deadline to file a petition on a TCEQ ruling, such as a permit issuance or other decision under the Solid Waste Disposal Act. 8. Senate Bill 1818 defines liability and reasonable care criteria for scrap metal recycling transactions with an end user/manufacturing facility. Throughout the recent 2021 session and subsequent special sessions, additional topics of interest to state legislators based on proposed bills include16: 16 North Central Texas Council of Governments.2021. "871 Session Legislative Matrix."Available online: hltps://nctcog.or /g nctc,g/media/Environment-and-Development/Documents/Materials%20Management/87th- Legislative-Matrix_Solid-Waste.pdf City of Denton, Texas 2-8 Burns & McDonnell 456 457 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew • Regulations related to restricting local government ability to enact prohibitions on the sale or use of a container or package • Regulations that for any product listed as recycled,remanufactured,environmentally sensitive be certified as accurate • Regulations relating to municipal solid waste management services that cap the fee of gross receipts of a collection service provider to two percents' • Regulations relating to the authority of certain municipal employees to request the removal and storage of certain abandoned or illegal parked or operated vehicles • Creation of an eight-member council that advises state agencies and local governments on environmental justice issues(15-member review board advises the council) and the creation of an Office of Environmental Justice within the TCEQ • Development of the Texas Clean and Healthy program, a rebate system for recyclable materials with verified end markets and direct economic relief" • Amendment of the water code to restrict direct discharge or waste or pollutants into a classified stream segments that has had low phosphorus level at or below 0.06 mg/L in 90%or more of water quality samples for 10 years • Regulation to allow a county to regulate solid waste services and ability to establish a mandatory program to collect a fee for solid waste services through the county tax assessor-collector's office • Stricter regulations for locations of new landfills or the horizontal expansion of existing landfills in environmentally sensitive areas, such as over sole source aquifers or within special flood hazard areas • Regulation related to the discharge of preproduction plastic,including prompt and environmentally responsible containment and cleanup, additional stormwater permit requirements,monitoring and implementation of best management practices 2.2.4 Role of the City of Denton in Regulating Solid Waste Chapter 24 of the City of Denton Ordinances relate to solid waste management and defines the City as "the exclusive provider of municipal solid waste collection and disposal services for all premises within the city" (Ord.No. 2005-256 §24-4) for residential,multi-family, and industrial, commercial and 17 North Central Texas Council of Governments.2021. "House Bill 753 One-Pager."Available online: hops://www.nctcoa.or /g nctcg/media/Environment-and-Development/Committee%20Documents/RCC/FY2021/HB- 753-One-Pager.pdf 18 North Central Texas Council of Governments.2021. "Texas Clean and Healthy Initiative."Available online: https://www.nctcog.or /g nctcg/media/Environment-and- Development/Committee%20Documents/RCC/FY2021/Texas-Clean-and-Healthy-Initiative_SummW.pdf?ext=.pdf City of Denton, Texas 2-9 Burns & McDonnell 457 458 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew institutional(ICI) generators. The City is not the exclusive provider of special waste and recycling services, and Chapter 24 also outlines the annual permit requirements for recyclables and special waste haulers. City ordinance also includes provision for the City to establish and amend tipping fees at the City's landfill. 2.3 Solid Waste Management Industry Trends This section provides an overview of key MSW management industry trends,including an overview of efforts occurring in other communities to reduce waste disposal. Tables throughout the trends overview provide a summary of the City's current progress and recommended next steps in each area. 2.3.1 Landfill Waste Reduction, Diversion and Zero Waste Philosophies Current landfill waste reduction, diversion, and zero waste philosophies center around the following concepts. Sustainable Materials Management(SMM). SMM is a systematic approach to using and reusing materials more productively over their entire life cycles.19 SMM encourages changes in how communities think about the use of natural resources and environmental protection and emphasizes the consideration of a product's life from manufacturing to disposal and the need to make sustainable choices throughout that life cycle. It has become a trend for the material management industry to apply the broad view of SMM to better plan for their community's economic and environmental future. Waste management hierarchy. The waste Figure 2-1: U.S. EPA's Waste Management Hierarchy management hierarchy,developed by the U.S. Source Reduction EPA,has been adopted by many communities as a guide to managing MSW. This hierarchy is .o used as a tool in implementing an SMM approach 4' Diversionto waste management. It was developed in (Recycling,Composting/Mul(hinO-,, recognition that no single waste management approach is suitable for managing all materials i and all waste streams in all circumstances. The �°✓r• i hierarchy ranks various management strategies i �o o 19 U.S.Environmental Protection Agency(U.S.EPA).2017."Sustainable Materials Management Basics." Available online:hltps://www.epa.gov/smm/sustainable-materials-management-basics City of Denton, Texas 2-10 Burns & McDonnell 458 459 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew from most to least environmentally preferred. It places emphasis on reducing,reusing,and recycling as key to SMM.20 Figure 2-2: Circular Economy Circular Economy.Like an SMM approach to planning for a community's future,the concept of a circular economy considers environmentally and r economically sustainable decision-making Product throughout a material's life cycle. It offers a shift from the traditional linear manufacture-use-dispose , concept of materials to a circular economy model Circular that keeps resources in use for as long as possible, Economy maximizes life and extracted value,and emphasizes that used materials are recovered and regenerated for other uses. This economic approach allows the cycle to begin again while minimizing material disposal. Zero Waste. Zero waste is a philosophy that encourages the redesign of resource life cycles so that all products are reused. Zero waste is not a static,defined benchmark of eliminating landfill disposal of waste,but is rather a vision or philosophy around which communities and society should develop and adapt their materials management systems and culture.A number of industry organizations, states,and cities have begun setting zero waste goals. While diversion rate is a common metric used to evaluate zero waste progress, 100 percent diversion is not the ultimate goal of zero waste principles. Rather,the focus is on continuous improvement and progressively working toward maximizing use of resources, and minimizing adverse environmental impacts and material disposal. A comparison of the accepted municipal and industry definitions of zero waste shows that there are a number of prominent or key concepts across zero waste philosophies: • Zero Waste as a guiding vision,philosophy, or set of principles(rather than a numeric goal); Zero Waste as striving for continuous improvement,not an absolute term or goal • System and material life cycle approach • Minimize waste generation and promote waste prevention 20 U.S.Environmental Protection Agency.2017. "Sustainable Materials Management:Non-Hazardous Materials and Waste Management Hierarchy."Available online: https://www.epa.gov/smm/sustainable-materials- management-non-hazardous-materials-and-waste-management-hierarchy City of Denton, Texas 2-11 Burns & McDonnell 459 460 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew • Circular economy • Supporting economic value, stimulation, and job creation • Minimization of environmental and health impacts (e.g.,greenhouse gas emissions, landfill burial,water pollution) • View used materials as resources,not waste and maximize recovery of materials • Extended producer responsibility(EPR) • Adherence to the materials management hierarchy City of Denton, Texas 2-12 Burns & McDonnell 460 461 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew Table 2-1: Status Summary for Landfill Waste Reduction, Diversion, and Zero Waste Philosophies The City has not defined a SMM or zero waste philosophy or set a recycling goal. Defining a SMM or zero waste philosophy can be an effective tool to incorporate waste reduction,reuse and recycling into program metrics and goals, as well as raise awareness of the importance of SMM principles. However, it is also important to recognize that several Texas cities, as • discussed in Section 2.3.2,have set high zero waste goals and are well below their recycling rate goals. For cities that set these types of goals, it is important to distinguish between aspirational(e.g.,an 80 percent recycling rate)and rational(e.g., increasing the recycling rate by 10 percent over the next five earsgoals. The Denton Plan 2030 and Simply Sustainable:A Framework for Denton's Future reports include recommendations to incorporate actions relevant to waste reduction and minimization into the City's sustainability practices. The City's recycling and composting programs divert material from residential, commercial,and other sources for beneficial uses. The City's ReUse Store provides waste reduction opportunities to residents,which aligns with waste reduction and zero waste principals of reuse and waste reduction. In addition to the City programs,the City partners for diversion with community non-profits. The Denton community also includes many reuse-focused entities aligning with zero waste principles(e.g.,Thistle Creative Reuse,thrift stores). Reuse is discussed in more detail in Section 2.3.4. One key challenge in implementing a zero waste philosophy is collecting the data necessary for tracking progress and continuous improvement.As the sole provider of municipal solid waste disposal services,the City currently collects data to measure disposal trends. Diversion data can be harder to obtain, especially from multi-family and ICI sources as this material is typically collected by private haulers and may be processed at various recycling and composting facilities in a region. Recommendations for the City to address landfill waste reduction,diversion, and zero waste philosophy trends are to: o Establish a waste reduction or zero waste statement and/or goal to ' highlight the importance of waste reduction and reuse(in addition to diversion); o Continue to incorporate the hierarchy and SMM into planning efforts. 2.3.2 Material Waste Diversion and Alternative Metrics Zero waste or high diversion goals by other Texas cities. Over the last 10 years, several cities in Texas have developed MSW management plans that include goals to recycle or divert a high percentage of material from being landfilled. Some of these cities have specifically developed"zero waste"plans, while others have preferred to use terminology such as"high diversion." Zero waste is a philosophy that encourages the redesign of resource life cycles so that all products are reused. The goal for zero waste is City of Denton, Texas 2-13 Burns & McDonnell 461 462 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew that no MSW be sent to landfills or waste-to-energy facilities. Zero waste is more a goal or ideal rather than a hard target,as multiple cities with zero waste plans set maximum goals that still include some MSW going to landfills (e.g., 80%landfill diversion). It has become common for cities to set short-,mid-, and long-term goals for recycling and diversion and to develop progressive programs and strategy implementation plans to meet those benchmarks. Texas cities that have established high diversion or zero waste goals include but are not limited to those presented in Table 2-2. Recently published diversion rates for these cities range from 20-42 percent. The City's recent single-family diversion rate was approximately 30 percent in 2018 and 2019. Table 2-2: Texas Cities with High Diversion or Recycling Goals Recently Published Diversion Rate City Goal Percent Year 40%recycling rate by 2020 20% 2020 Dallas' 60%recycling rate by 2040 Zero Waste by 2060 20%reduction in per capita solid waste 42% 2015 disposal by 2012 Austin2 75%diversion by 2020 90%diversion by 2040 30%residential recycling rate by 2021 30% 2018 40%total City recycling rate by 2023 Fort Worth3 50%total City recycling rate by 2030 60%landfill diversion by 2037 80%landfill diversion by 2045 San 60% single family residential recycling rate 36% 2019 AntoniO4 by 2025 1. City of Dallas,2011-2060 Local Solid Waste Management Plan.City is currently in the process of updating the LSWMP. 2. City of Austin,Zero Waste Strategic Plan.The city of Austin is currently in the process of updating their plan.While these figures may not change,the metrics to evaluate progress toward them may be adjusted as part of the plan update. 3. City of Fort Worth,2017-2037 Comprehensive Solid Waste Management Plan. 4. City of San Antonio,Recycling and Resource Recovery Plan,2013 Update. While diversion rate is commonly used in zero waste goals,there is growing recognition that diversion rate may not be an ideal measure of SMM or zero waste progress. For example, San Francisco is a zero waste leader and has recently discontinued use of diversion rates as a means of measuring diversion and City of Denton, Texas 2-14 Burns & McDonnell 462 463 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew progress towards zero waste. Instead, San Francisco tracks total waste generated and the proportion landfilled and incinerated with the goal of 15 percent reduction in generation and 50 percent reduction in disposal by 2030. As described above,incorporating additional metrics such as capture rate and disposal rate allows for additional program evaluation aligning with SMM and zero waste principles. Table 2-3 presents the calculation method for three metrics associated with zero waste principles. Table 2-3: Alignment of Metrics to Zero Waste Principles Zero Waste Metric for Indicators of Principle Evaluation Calculation Method' Progress Per-capita (Total Diverted + Total Disposed) Decreasing trend Reducing the waste in per-capita generation of Population Served p p generation rate generation wasted materials at the source Capture rate For each recyclable material(e.g.,aluminum cans): Capture rate approaching 90 Maximizing Amount Recovered — 100 percent' diversion (Amount Recovered +Amount Disposed) suggesting methods recycling is maximized Avoiding Per-capita Total Disposed Decreasing per- landfill and waste disposal Population Served capita disposal incinerators rate rate 1. For population-based calculations,the population served should be equivalent to the population represented by the tonnage of material in the numerator(e.g.,tons disposed,tons diverted). 2. In current practice,capture rates of 100 percent are likely unattainable due to contamination and inefficiencies during product use and within the recovery system(e.g.,incorrect sorting by residents,limits to equipment,food-soiled materials). Recycling Measurement. Traditionally, a recycling rate has been calculated as a means to measure recycling efforts. A recycling rate indicates the percentage of MSW generated that is recycled. In support of the use of transparent and consistent methods to measure materials recycled, SWANA's technical policy for Measuring Recycling(T-6.4),published in 2018, defines recycling rate as the City of Denton, Texas 2-15 Burns & McDonnell 463 464 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew proportion of generated MSW that is recycled and is typically calculated utilizing the following formula, where totals are measured by weight in tons". total recycled x 100% =recycling rate percentage total recycled +total disposed Over the past decade,the weights and composition of materials in MSW streams have changed. For example,there is now typically less newspaper but more cardboard, and individual plastic bottles and aluminum cans weigh less. Some consumer packaging contains multiple materials,making recycling more challenging. Due to these factors, some communities are considering alternative methods to recycling measurement,other than recycling rates as described above: • Single-stream recycling collected. The amount of residential recyclables collected annually on a pounds per household basis. • Capture rate.Percentage of recyclable material that is recycled versus disposed • Disposal rate.Based on per capita/employee disposal quantities • Contamination rate. The amount of contamination(i.e.,material that is not accepted by the City's contract recycling processing facility)present in the residential recycling program on a percentage basis. Contamination rate includes both non-recyclable contaminants and MRF process residue. • Participation rate.Based on how frequently a resident or business recycles over a defined time period(e.g.,monthly) • Life cycle analysis.Analysis of the total environmental impacts associated with a product or process and evaluation of opportunities to reduce impacts throughout its life cycle,using methods such as replacing virgin material inputs with recycled material • Carbon footprint. Quantification of greenhouse gas reductions through increased use of recycled materials as product inputs(life cycle analysis)and reduction of material landfilled,which reduces the generation of greenhouse gases due to decomposition Table 2-4 summarizes the City's current single-family recycling activities using four recommended alternative metrics. Section 3.0 provides detailed information and discussion on the amount of recycling collected,capture rate,disposal rate,and contamination rate for material managed by the City. Environmental impacts are discussed and evaluated in Section 8.3. " Solid Waste Association of North America Technical Policy T-6.4,Measuring Recycling,available at hltps:Hswana.org/TechnicalandManagementPolicies.aspx City of Denton, Texas 2-16 Burns & McDonnell 464 465 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew Table 2-4: Alternative Metric Evaluation for City of Denton Single-Family MSW Metric City of Denton Evaluation Based on a 2016 survey by The Recycling Partnership,the national average for single- stream recycling is 357 lb/HH annually. Recycling Collected 2871b/HH(2020) (lb/HH) 3161b/HH(2019) The City's recycling rate was at the national 3621b/HH(2018) average in 2018. Multiple factors likely contributed to decreases since then,including the coronavirus pandemic, challenging recycling markets, and increasing contamination rates. The City's capture rate for single-stream Capture Rate 49% (2020) recycling is lower than the combined capture rate for NCTCOG(59%). 2,0861b/HH(2020) Recent data suggests an increasing disposal rate Disposal Rate 1,8561b/HH(2019) for single family residential; however, shifts in 1,7401b/HH(2018) disposal patterns due to the coronavirus pandemic contributed to increases in 2020. Based on the survey for the TCEQ's Recycling Market Development Plan, the average MRF contamination rate was 22.4%in 2019,with 44% (2020) reported rates ranging from 10-60%. Contamination Rate 35% (2019) The City's single-stream contamination rate has 21% (2018) increased in recent years, and is above the reported statewide average. The increase in contamination may also be associated with processing limitations at the MRF. City of Denton, Texas 2-17 Burns & McDonnell 465 466 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew Table 2-5: Status Summary for Material Waste Diversion and Alternative Metrics The City has not established a formal public diversion goal. Data necessary to calculate diversion rate and alternative recycling metrics such as capture rate and disposal rate is currently collected from City-provided programs and services. While a recycling or diversion rate provides insight into material recovery,additional metrics should be incorporated to assess program performance holistically. The City's 2020 residential diversion rate was 30.4 percent,which exceeds the statewide average of 27.5 percent as communicated in the TCEQ's Recycling Market Development Plan. The City has set a contamination rate goals and tracks residential and commercial contamination rates to track progress toward reducing contamination. As the sole provider of municipal solid waste disposal services,the City currently collects data to measure disposal trends. Diversion data can be • " ' harder to obtain, especially from multi-family and ICI sources as this material is typically collected by private haulers and may be processed at various recycling and composting facilities in a region. Recommendations for the City to address material waste diversion and alternative metrics are to: o Set performance goals that include alternative metrics(e.g., disposal rate and capture rate)to reflect progress toward SMM and zero waste principles. o Incorporate reporting requirements into the recyclables hauler annual permits to gather key data to measure progress 2.3.3 Alignment with National Solid Waste Reduction Goals As described in Section 2.2.1, current national policies and priorities related to solid waste management include recycling measurement and food waste diversion. Through the National Recycling Strategy,the EPA is focused on reducing contamination, increasing recycling rate,and strengthening economic markets for recycled materials. Recommended measures include tracking contamination rates at the curb and in the processing system. These efforts are meant to align with the National Recycling Goal of 50 percent by 2030.Additionally,through the Food Loss and Waste Reduction Goal,the EPA is focused on reducing the amount of food waste sent to landfill by 50 percent by 2030. City of Denton, Texas 2-18 Burns & McDonnell 466 467 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew Table 2-6: Status Summary for Alignment with National Solid Waste Reduction Goals The City has established programs targeting recycling contamination and organics diversion. The City's focus on improving recycling system performance through reduced contamination(e.g., "Lift the Lid"program)and organics diversion(including food waste) align with national priorities. The City has set contamination rate goals. Continued evaluation and goalsetting can be used to monitor efforts to reduce contamination. The City's cart tagging and targeted outreach has helped to reduce contamination. The City received grant funding from the NCTCOG to expand commercial food waste diversion in the downtown valet area. The City also collects commercial • food waste from a select number of large quantity generators. Education and outreach messaging includes the importance of waste reduction behaviors such as reduce,reuse, and refuse. Tracking contamination and material recovery rates requires data which can be ' difficult to obtain, especially for generators or activities not directly tracked by the City(e.g.,private commercial recycling haulers, food donation). Recommendations for the City to address alignment with national solid waste reduction goals are to: o Continue to incorporate waste reduction messaging in education and outreach content, especially for food waste reduction. 2.3.4 Promotion of Ingenuity in Reuse and Recycling As cities incorporate SMM and zero waste principles into material management programs,additional focus and emphasis is placed on waste reduction and reuse. Cities may use a variety of strategies to promote waste reduction and reuse behavior, including: • Education and Outreach. Education and outreach campaigns can encourage waste reduction and reuse behavior change, for example promoting the use of reusable shopping bags and water bottles. • Material Directories and Exchanges. Online directories(such as"material marketplaces"or "material exchanges")can connect material generators with entities or individuals who can reuse or recycle unwanted materials. These directories can encourage creative reuse or repurposing of raw materials. Cities may develop these databases in partnership with local non-profits. City of Denton, Texas 2-19 Burns & McDonnell 467 468 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew • Reuse Centers.As part of municipal drop-off programs, cities may facilitate reuse through ReUse stores or"share sheds."Commonly,these programs address hard-to-recycle or HCC materials such as paint. Some cities are expanding the services offered at these facilities to further promote reuse and recycling. Examples include: o Establishing partnerships to accept additional materials(e.g.,yoga mats,textiles)desired by local companies for their products o Hosting workshops and clinics to educate residents on reduce and reuse behavior such as backyard composting,material repair workshops(e.g.,textiles,electronics) o Facilitating a tool lending library or similar"library of things"to reduce the need for residents to purchase common one-time or rarely-used items Table 2-7: Status Summary for Promotion of Ingenuity in Reuse and Recycling The City's ReUse Store makes reusable items collected through the HCC program available to residents.Waste reduction and reuse behavior is promoted through Sustainable Denton. There are opportunities for the City to expand reuse opportunities, facilitate creative reuse/recycling,and expand awareness among residents.A detailed evaluation of the City's education and outreach and enforcement efforts, and recommendations in provided in Section 6.0. The City's ReUse store facilitates the reuse of a variety of materials If residents or businesses are not aware of reuse programs and resources, success will be limited. Recommendations for the City to address the promotion of ingenuity in reuse and recycling are to: o Increase education and outreach efforts related to reuse and waste reduction ' • o Expand the types of materials accepted through the City's ReUse store o Establish a C&D reuse facility to facilitate reuse of these materials o Partner with entities such as local universities and homeless shelters to facilitate the reuse of bulk items(e.g.,furniture 2.3.5 Alternative Waste Management Technologies While recycling and disposal have been considered traditional MSW management methods in Texas, some components of the MSW stream can be converted into energy or further processed. Over the past several years,many local governments in the United States have considered various technologies(e.g., City of Denton, Texas 2-20 Burns & McDonnell 468 469 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew mass burn combustion,mixed waste processing,gasification, etc.)to manage their disposed MSW stream. Anaerobic digestion(AD)of organic wastes is a growing trend for managing diverted pre-and post- consumer organics. Options for anaerobic digestion include stand-alone facilities designed to manage MSW and co-digestion of organic MSW streams at wastewater treatment plants or agricultural AD units. An estimated 209 AD facilities manage organic MSW in the U.S., including 68 stand-alone and 141 co- digesters.zz From a SMM perspective,waste-to-energy incineration is considered distinct from diversion in the waste management hierarchy(Figure 2-1),and is less preferred than activities such as recycling, composting, and mulching. However, some states have defined waste-to-energy to be a form of recycling. Based on the U.S. EPA's Food Recovery Hierarchy,AD of food scraps is considered to be more preferred than diversion through composting. It is unclear where emerging chemical conversion technologies such as gasification and pyrolysis belong on the established hierarchy,though multiple states,including Texas, have passed legislation to define the pyrolysis of plastic wastes to be a form of recycling.23 The cities included in Table 2-8 have considered and evaluated various technologies for their communities,but none have implemented any waste-to-energy or other conversion technology. Key reasons for deciding against implementation of these technologies included preferring to focus on more traditional recycling(e.g., single-stream)and organics diversion programs and the relatively low cost of landfill disposal. 22 US EPA.Jan 2021.Anaerobic Digestion Facilities Processing Food Waste in the United States(2017&2018). Available online at:https://www.epa.gov/sites/default/files/2021- 02/documents/2021 final ad report_feb_2 with_links.pdf 23 The Texas Solid Waste Disposal Act was updated in 2019 to consider gasification or pyrolysis of recovered plastics as recycling.HB 1953 (2019)expanded the definition of recycling in Section 361.421 of the Solid Waste Disposal Act to include post-use polymers and recoverable feedstocks(e.g.,plastics)that are converted through gasification or pyrolysis into valuable raw,intermediate,or final products such as new plastics,chemicals,wax, lubricant,fuels,and other products. City of Denton, Texas 2-21 Burns & McDonnell 469 470 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew Table 2-8: Summary of Texas Cities' Efforts to Evaluate Conversion Technologies City Year Summary Evaluated the feasibility of waste-to-energy and concluded that those San 2011 technologies are not economically feasible"at this time or in the Antonio foreseeable future." City decided to focus zero waste implementation efforts on traditional recycling strategies. Issued request for proposals for waste-to-energy and received five Waco 2013 responses. City declined to further pursue proposals as none of the companies were in commercial operation in the U.S. at the time. While the City entered into negotiations for a gasification facility, Killeen 2013 the private company did not secure financing and the project was terminated. Following adoption of its zero waste plan, City evaluated the Dallas 2014 feasibility of technologies such as single-stream processing,mixed- waste processing,anaerobic digestion and gasification. Elected to focus on the more proven single-stream recycling. City's request for proposals for recycling processing included Fort Worth 2016 consideration of alternative technologies. However, City decided to continue contracting for recycling via single-stream processing. Evaluated"One Bin for All"approach,where all MSW would be Houston 2017 collected together(i.e.,mixed waste),but City declined to enter into contract for"One Bin for All"concept. City of Denton, Texas 2-22 Burns & McDonnell 470 471 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew Table 2-9: Status Summary for Alternative Waste Management Technologies Waste-to-energy and other refuse conversion technologies are not currently used to manage MSW in Denton. • The feasibility of waste-to-energy and other emerging technologies has been evaluated by multiple Texas cities, and these projects did not move forward. There has been success in the U.S. for using AD to manage organics. The City is exploring options to divert commercial food waste through anaerobic digestion at the Cit 's Pecan Creek Wastewater Treatment Plant WWTP The City collects and diverts food waste from multiple commercial entities within the City. • The City recently received a grant from the NCTCOG to support diversion of commercial food waste,which presents a potential opportunity for anaerobic digestion. • _• Potential impediments to anaerobic digestion include pre-processing needs (e.g., de-packaging)and challenges associated with contamination. Recommendations for the City to address alternative waste management technology trends are to: o Establish a pilot program for commercial wood waste generators in the valet area for co-digestion of targeted commercial organics streams for the production of renewable energy 2.3.6 Landfill Management Landfill trends. As regulations become more restrictive and it becomes increasingly more challenging to obtain permits for new landfills,the MSW industry is seeing an increase in the vertical and horizontal expansion of established landfills. Owners are more commonly seeking to extend the useful life of their landfill by expanding the landfill footprint, improving operations, or implementing additional technologies such as enhanced leachate recirculation(a process in which liquids or air are added into a landfill to accelerate degradation of the waste and prolonging its useful life). Landfill tipping fees. The Environmental Research and Education Foundation(EREF)has conducted annual studies comparing landfill tipping fees across the country since 2016. In 2019, average per-ton landfill tipping fees in Texas are lower than both the national average and the South Central Region (Arkansas,Louisiana,New Mexico, Oklahoma,and Texas)average. In 2020,the average landfill tipping fees in Texas remained below the national average but rose slightly higher than the regional average. The average tipping fees in Texas increased while both the regional and national averages decreased slightly in the year from 2019-2020.24 This increase could be attributed to differences in economic growth across 2'Environmental Research&Education Foundation(EREF). March 2020 and January 2021. "Analysis of MSW Landfill Tipping Fees." Available online from EREF:hLps:Herefdn.or /bg ibliogrgphy/datgpolicy_projects/ City of Denton, Texas 2-23 Burns & McDonnell 471 472 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew regions and landfill capacity, as well as that EREF received responses from a slightly different set of landfills from one year to the next. The multi-year trends developed by EREF show increasing tip fees nationally and in all regions over the period from 2016-2020. The tipping fees shown in Table 2-10reflect the average of posted tipping fees at surveyed landfills. Negotiated tipping fees between a landfill and individual haulers may be lower. Table 2-10:Average Per-ton Landfill Tipping Fees 2019 2020 Difference Percent Increase Texas $40.18 $42.22 +$2.04 +5.1% South Central Region $40.92 $39.66 ($1.26) -3.1% United States $55.36 $53.72 ($1.64) -2.9% Source: Environmental Research&Education Foundation(EREF) In the North Central Texas region,multiple landfills are nearing capacity which may result in increased landfill tipping fees in the region. The closures also have the potential to shift the flow of disposed materials throughout the region, including more material to the City of Denton Landfill.A detailed analysis of landfill capacity and tip fees specific to the North Central Texas region and the City of Denton Landfill is presented in Section 4.0. City of Denton, Texas 2-24 Burns & McDonnell 472 473 Comprehensive Solid Waste Management Strategy Solid Waste and Recycling Trends, Policies and Regulatory Reivew Table 2-11: Status Summary for Landfill Management The City owns and operates the City of Denton Landfill,which plays a crucial role in managing wastes not recovered through various City diversion programs, as well as wastes from neighboring communities without disposal infrastructure. In addition to being a revenue source for the City, landfill tip fees can be a tool to encourage material recovery. TCEQ's Recycling Market Development Plan identifies the low cost of disposal as a key barrier to recycling market development in the state. The City should continue to evaluate its use of put-or-pay contracts and the tip fee structure to preserve valuable airspace, encourage recycling, and stay competitive in the marketplace. The TCEQ approved the expansion of the City's Landfill, securing disposal capacity for non-recoverable materials into the future. This capacity can be further extended through continued diversion and waste reduction practices. The City's landfill gas-to-energy system provides environmental benefits through responsible landfill management and the production of pipeline quality renewable natural gas RNG . Community perception of landfill activities can present challenges to implementing new strategies or modifying landfill operations. Recommendations for the City to implement landfill management trends are to: o Explore revisions to put-or-pay contracts to encourage recycling in neighboring communities,which would include regional collaboration on recycling collection and processing programs o Routinely evaluate tip fees and potential rate changes as landfills in the NCTCOG region City of Denton, Texas 2-25 Burns & McDonnell 473 474 Comprehensive Solid Waste Management Strategy Planning Area Characteristics 3.0 PLANNING AREA CHARACTERISTICS To effectively plan for the City's future materials management needs, an understanding of the factors that will impact those needs is important. This section describes the City's current demographic and economic characteristics as well as anticipated future growth. To the extent that data is available,the material generation in the City is presented,including material disposed and recycled or diverted. As the population of the City and region continue to grow,the volume of materials generated will increase accordingly. Anticipated growth of residential population,businesses and continued development in the City is one of the primary factors the City and North Central Texas region must consider in planning for future materials management. Following description of the demographic and economic characteristics of the City,this section summarizes waste characterization information for the City and the North Central Texas region. 3.1 Demographic Characteristics The population and economic growth the City experiences in the coming years will be the primary factor impacting the quantities and quality of material generated in the City. Anticipated material generation quantities will influence future materials management approaches addressed throughout this CSWMS, including infrastructure development,public-private partnership opportunities,and appropriate timing of continued system and program development. This section presents a selection of existing population data and projections and economic development information to provide an understanding of the planning area considerations under which this CSWMS has been developed. 3.1.1 Historical and Current Populations The City of Denton is among the 25 largest Texas cities,by population,and is situated in the center of the sixth most populous county in the state. Historically,Denton has seen high levels of growth(Figure 3-1). Over the past two decades,the City's population has grown substantially, from a population of approximately 80,500 in 2000 to 147,500 in July of 2020—an 83 percent increase.25 Table 3-1 presents population growth of the City,Denton County,and the State of Texas from 2010 to 2020 and compares the average annual growth rate of each entity during that period. Both the City and Denton County are growing at a faster rate than the State of Texas overall for the last decade. As shown in Figure 3-2,the population growth has been accelerating for the City and Denton County since 2018,with a 4.2 percent 25 Sources:Year 2000 population estimate as reported in the Denton Plan 2030,available online at hops://www.cityofdenton.com/CoD/media/City-of-Denton/Govemment/Denton_Plan_2030.pdf;Year 2020 population estimate as reported by the U.S. Census Bureau,City and Town Population Totals: 2010-2020,available online at https://www.census.goy/programs-surveys/popest/technical-documentation/research/evaluation- estimates/2020-evaluation-estimates/2010s-cities-and-towns-total.html City of Denton, Texas 3-1 Burns&McDonnell 474 475 Comprehensive Solid Waste Management Strategy Planning Area Characteristics growth rate for the City from 2019 to 2020 and a 3.6 percent annual growth rate for Denton County during the same period. In contrast,growth statewide has been slowing since 2015. Figure 3-1: Historical City Population Growth, 1970—2020 160,000 147,515 140,000 120,000 117,010 100,000 80,537 80,000 66,270 60,000 48,063 39,874 40,000 20,000 0 1970 1980 1990 2000 2010 2020 Table 3-1: City, County, and State Historical Population & Growth, 2010-2020 Annual Growth 2010 2015 2020 4 Rate City of Denton' Population 117,010 131,154 147,515 2.67% Denton County2 Population 666,760 779,584 919,324 3.33% State of Texas Population 25,241,971 27,470,056 29,360,759 1.5% 1. City of Denton population estimates 2010-2019:U.S.Census Bureau.Annual Estimates of the Resident Population for Incorporated Places in Texas:April 1,2010 to July 1,2019(SUB-IP-EST2019-ANNRES-48),U.S.Census Bureau, Population Division,Release date May 2020;available online at https://www.census.gov/data/datasets/time- series/demo/popest/2010s-total-cities-and-towns.html 2. Denton County population estimates 2010-2019:U.S.Census Bureau.Annual Estimates of the Resident Population for Counties in Texas:April 1,2010 to July 1,2019(CO-EST2019-ANNRES-48),U.S.Census Bureau,Population Division, Release date March 2020;available online at h Vs://www.census.gov/data/datasets/time-series/demo/popest/2010s- counties-total.html 3. State of Texas population estimates 2010-2019:U.S.Census Bureau.Annual Estimates of the Resident Population for the United States,Regions,States,and Puerto Rico:April 1,2010 to July 1,2019(NST-EST2019-01),U.S.Census Bureau, Population Division,Release date December 2019;available online at https://www.census.gov/data/tables/time- series/demo/popest/2010s-state-total.html City of Denton, Texas 3-2 Burns&McDonnell 475 476 Comprehensive Solid Waste Management Strategy Planning Area Characteristics 4. All 2020 population estimates:U.S.Census Bureau,City and Town Population Totals:2010-2020,available online at https://www.census.gov/programs-surveys/popest/technical-documentation/research/evaluation-estimates/2020- evaluation-estimates/2010s-cities-and-towns-total.html Figure 3-2: Recent City, County and State Population Growth Rates, 2010-2020' —City of Denton Denton County —State of Texas 4.5% a� 4.0% m 3.5% 0 3.0% t7 c 2.5% — 0 i2 2.0% Q CO 1.5% 3 1.0% c c Q 0.5% 0.0% — 2010 2012 2014 2016 2018 2020 1.Annual growth rates based on data from the U.S.Census Bureau Historical population growth trends over the past decade illustrate the elevated growth rate of the City and county populations when compared to the state as a whole. Denton County's total population has increased at a higher rate than the City itself,owing to the significant central and southeastern portions of the county that are part of the larger Dallas-Forth Worth metroplex,which is experiencing rapid growth. Considering the growth trends of not only the City but other surrounding entities within the area serviced by the Denton Landfill,is essential in future landfill capacity planning. The area and entities served by the Denton landfill and landfill capacity planning are discussed further in Section 4.0. 3.1.2 Single-Family and Multifamily Household Distribution Many municipal planning efforts, including materials management, categorize residential populations into two general categories—single-family and multifamily. The City's total residential population is distributed between these two categories. In Denton,residential refuse and recycling collection services are provided to residents residing in a single-family housing unit and multifamily structures with four or fewer housing units (referred to as single-family residential throughout this CSWMS).26 All other 26 Based on service definitions provided in the recent solid waste and recycling collection rates(Ordinance 20- 1551).This differs from the single-family definition used in the Statistical Trends and News of Denton(STaND) reports by the City's Planning and Building Inspections Departments. City of Denton, Texas 3-3 Burns&McDonnell 476 477 Comprehensive Solid Waste Management Strategy Planning Area Characteristics multifamily housing units (e.g., apartment complexes and dormitories)receive services through the commercial collection system. The distinction between household categories is important because generation, disposal, and diversion patterns differ between single-family and multifamily and each category requires different planning considerations and management strategies. Multifamily-generated material is generally collected and managed in combination with commercially-generated material, and services and information are often provided directly to multifamily property owners and managers,rather than directly to multifamily residents. In 2019, approximately 75 percent of the City's total residential population lived in single-family housing units and the remaining quarter of the population lived in multifamily housing units. Table 3-2 presents the 2020 estimated single-family and multifamily populations and household distributions for the City. It should be noted that the average persons per household is typically higher for single-family households than for multifamily households. Therefore,the total population would not be proportionately spilt between the two household types. Table 3-2: Household and Population Distributions by Household Type, 2019 Single-Family Multifamily Total Occupied Households' Number 33,525 14,622 48,174 Distribution 69.6% 30.4% Population Number 109,981 37,534 147,515 Distribution 74.6% 25.4% 1. The total number of households and distribution of single-family and multifamily households are based on estimated occupied housing units(U.S. Census Bureau 2019 1-year ACS Estimates for the City of Denton). Average residential customer counts differ slightly from census data for occupied households and averaged 33,623 for calendar year 2019. 2. Population distribution between single-family and multifamily households was estimated based on average persons per household, and an adjustment factor to account for the typical differences between population per household for single-family and multifamily households. City of Denton, Texas 3-4 Burns&McDonnell 477 478 Comprehensive Solid Waste Management Strategy Planning Area Characteristics For purposes of current and projected waste generation estimates,presented in Section 3.3,residential sector quantities include materials generated only by single-family households and multifamily units with four or fewer housing units. Commercial sector material generation estimates and projections are inclusive of multifamily households with more than four units and commercially-generated materials. 3.1.3 Population Projections Based on the City's historical population trends, as presented in Section 3.1.1, and robust planned housing growth for both single-and multifamily dwellings,the City expects that its population will continue to expand at a significant rate. However,the timing of population growth and ultimate population realized are dependent on various factors. Figure 3-3 presents three potential growth scenarios of the City's population from 2010 to the 2045, developed by separate entities using the 2010 Census data as a basis. NCTCOG previously developed a 2045 forecast to provide estimated number and distribution of population by member city for the North Central Texas region,which presents a relatively low projected annual growth rate of 0.99 percent.27 Burns&McDonnell developed a relatively moderate potential future growth scenario(2.67 percent)by calculating the average annual growth rate,based on U.S. Census Bureau population estimates, and holding that growth rate constant through 2045. The population growth scenario developed by the University of North Texas(UNT)Center for Economic Development and Research assumes the highest annual growth rate(3.44 percent)of the three scenarios,through 2030.2s Burns&McDonnell extrapolated this growth scenario through 2045. Table 3-3 presents the average annual growth rate and projected 2045 City population for each scenario. 27North Central Texas Council of Governments.Regional Data Center.NCTCOG 2045 Forecast City Approximations.Available online at:https:Hdata-nctcoggis.opendata.arcais.com/documents/NCTCOGGIS::nctcoa- 2045-forecast-city-approximations/explore 28 Obtained from the Statistical Trends and News of Denton(STaND)Third Quarter Fiscal Year 20/21 report compiled by the Denton Economic Development Department. City of Denton, Texas 3-5 Burns&McDonnell 478 479 Comprehensive Solid Waste Management Strategy Planning Area Characteristics Figure 3-3: City of Denton Population Growth Scenarios Through 2045 400,000 350,000 300,000 250,000 o i 7"'200,000 a 0 a 150,000 100,000 NCTCOG Forecast 50,000 UNT Forecast Census-based Forecast 0 2005 2010 2015 2020 2025 2030 2035 2040 2045 2050 Table 3-3: City of Denton Future Population Growth Scenarios to 2045 Growth Projected Population Projection Annual Scenario Growth Rate 2040 2045 Basis High 3.44% 290,800 344,400 UNT Forecast Moderate 2.67% 250,100 285,400 1 2010-2019 Census Estimates Low 0.99% 168,400 177,000 1 NCTCOG Forecast To create a single population estimate for the City through the 2040 CSWMS horizon,Burns& McDonnell produced a blended growth projection based on the UNT and Census-based forecasts. Population growth through 2030 is based on the high growth scenario as forecasted by UNT. This scenario aligns with growth projections used in the Denton Plan 2030,recent growth rates, and known and anticipated residential development. From 2030-2040,Burns &McDonnell projected the population using the moderate growth scenario annual growth rate based,reflective of the Denton Plan 2030 land use vision to reduce sprawl while"much of the land within approved Master Planned Communities(MPCs) will likely not buildout in the next 20 years',29 and therefore continue to support growth from 2030-2045. 21 City of Denton 2015. "Denton Plan 2030: Our path to the future"pg 19.Available online: https://www.cityofdenton.com/CoD/media/City-of-Denton/Govemment/Denton_Plan_2030.pdf City of Denton, Texas 3-6 Burns&McDonnell 479 480 Comprehensive Solid Waste Management Strategy Planning Area Characteristics Figure 3-4 shows the resulting single-family and multifamily population growth for the City through 2040. The allocation between single-and multifamily households was held constant through the projection based on current housing data;however,the Denton Plan 2030 documented the community's preference towards compact growth which would shift development trends to more new multifamily housing units than new single-family households. Figure 3-4: City of Denton Population Projection, 2020-2040 300,000 2040 Projection Total: 270,000 250,000 Multifamily:68,700 200,000 2020 Baseline Total: 147,800 a 150,000 a Multifamily:37,600 FFFM"Mrr� ii 100,000 Single-Family:201,3 00 50,000 0 ■Single-Family -•Multifamily 3.2 Economic Characteristics The City of Denton is part of the larger Dallas-Fort Worth(DFW)metroplex,the largest metropolitan area in Texas and the fourth largest is the country.30 A primary driver of the population growth the City has experienced(refer to Section 3.1)is the economic development that has taken place. 31 New Census Bureau Estimates Show Counties in South and West Lead Nation in Population Growth,U.S.Census Bureau Press Release April 18,2019. Retrieved September 2021 from https://www.census.gov/newsroomipress- releases/2019/estimates-county-metro.html City of Denton, Texas 3-7 Burns&McDonnell 480 481 Comprehensive Solid Waste Management Strategy Planning Area Characteristics 3.2.1 Current Employment and Industry Characteristics Based on U.S. Census Bureau data,31 the City's workforce was approximately 77,500 employees in 2019, an increase of 13.4 percent in the five-year period since 2014. Figure 3-5 presents the City's 2019 employment by industry. The largest four industries account for approximately 67 percent of total employment, each with near ten percent or greater of the total employees within the City. Figure 3-5: City of Denton Employment by Industry, 2019 Educational services,and health care and social assistance 32.2% Arts,entertainment,and recreation,and accomodation and food 14.9% services Professional,scientific,and management,and administrative and 10.0% waste management services Retail trade 9.8% Manufacturing 7.6% Construction 6.0% Finance and insurance,and realesate and rental and leasing 4.5% Wholesale trade 3.5% Other services 3.3% Public administration 3.1% Transportation and warehousing and utilities 2.8% Information 1.2% Agriculture,forestry,fishing and hunting,and mining 1.1% 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0% 3.3 Solid Waste Generation, Recycling, and Disposal Understanding current and projected future MSW generation allows for appropriate planning for solid waste and recycling system needs,including services,programs,and infrastructure. This section presents available data regarding the City's solid waste and recycling material generation on a sector basis (residential, commercial,and C&D) and by material type. Refer to the Key Terms in Section 1.0 for definitions of sectors addressed in this CSWMS,material types, and material generation,recycling, and 31 Source:U.S. Census Bureau,2019 ACS 1-Year Estimates.U.S. Census Bureau data does not include self- employed individuals,employees of private households,or government employees(public administration). Retrieved July 2021 from hltps:Hdata.census.gov/cedsci/table?q=denton%20ciiy%20emplo3 ment&tid=ACSDP 1 Y2019.DPO3 City of Denton, Texas 3-8 Burns&McDonnell 481 482 Comprehensive Solid Waste Management Strategy Planning Area Characteristics disposal. All annual tonnage and material generation data included in this CSWMS refers to the fiscal year(FY)in which it was generated(October through September),unless otherwise specified.32 As described in the following sections,the data currently available for each sector varies. The City has a near-complete understanding of residential materials generated,disposed, and recycled because most residential materials are managed directly by the City.Disposal in multifamily and commercial sectors is also well understood as the City is the exclusive provider of solid waste collection and disposal services for these generators. The City is not the exclusive provider of special waste and commercial recycling services in Denton, and as a result the recycling quantities for the multifamily, commercial and C&D sectors are not well-known.While annual permits are required for recycling and special waste haulers operating in the City,this does not include a reporting mechanism for obtaining consistent data from hauler permitees. 3.3.1 Residential Generation, Recycling, and Disposal Residential solid waste and recycling refers to materials generated by the City's single-family residential customers. Multifamily-generated material quantities are addressed along with commercial material generation presented in Section 3.3.2. In 2020, a total of approximately 46,500 tons of single-family City of Denton residential MSW was collected and managed through City services and facilities, equating to a total of 2,707 pounds of MSW per household on an annual basis. Approximately 77 percent of residential material was collected and disposed as refuse in the City of Denton Landfill.Approximately 11 percent was collected and recycled through the Pratt MRF and 12 percent was brush and yard waste that was composted at the City's Dyno Dirt facility. Small quantities(less than 0.2 percent each) of electronics,HHW, and prescription drugs are collected through additional City diversion programs.As shown in Figure 3-6,the distribution of refuse and recyclables generated by the residential sector has changed over the past three years, from 2018 through 2020. Compared to the prior two years,2020 data show an increase in disposal tonnage and decreases in recycling tonnage and diversion rate. These changes are likely the result, in part, of a shift in waste disposal trends due to the coronavirus pandemic due to shifting work and school patterns. The amount of material generated by residents has increased and the amount of material generated by commercial establishments has decreased. This has led to additional demands on residential collection routes, and a decrease in commercial collection activity. Additionally,the recent trends in lightweighting of material and decreased paper usage have accelerated due to this shift in behavior related to social 12 For example,tonnage indicated as generated in 2018 typically refers to fiscal year(FY)2018,which includes the months of October 2017 through September 2018. City of Denton, Texas 3-9 Burns&McDonnell 482 483 Comprehensive Solid Waste Management Strategy Planning Area Characteristics distancing,and working/schooling from home(e.g.,more lightweighted products are being consumed and less paper is being generated for use of digital media). This has contributed to decreases in recycling tonnages and rates both locally and nationwide. Additionally,weather events(e.g.,tornadoes,winter storms)often result in temporary increases in the recovery of materials such as brush and yard waste due to storm debris management, and can contribute to annual variation in organics quantities. Figure 3-6: Residential Solid Waste and Recycling Generation Trends, 2018-2020 (Tons)',2 70,000 60,000 29%Diversion 23%Diversion 50,000 30%Diversion 43,550 46,490 40,441 40,000 0 H 30,000 20,000 10,000 0 2018 2019 2020 ■Refuse ■Recyclables ■Brush&Yard Waste 1 Recyclables tonnage reflects net tonnage,with recycling residuals included in Figure 3-6 as refuse. 2 Small quantities of electronics,and HHW(less than 0.5 percent of total generation for each year)are also included in the totals shown in Figure 3-6. Figure 3-7 further illustrates the trend in generation and refuse disposal on a household basis. Based on tonnage and customer count information provided by the City,both residential MSW generation and disposal rates increased in 2020,with the generation increasing four percent to an average of 226 pounds per household per month and disposal increasing 16 percent to an average of 175 pounds per household per month. City of Denton, Texas 3-10 Burns&McDonnell 483 484 Comprehensive Solid Waste Management Strategy Planning Area Characteristics Figure 3-7: Residential Solid Waste Generation and Disposal Trends, 2018-2020 (Pounds per Household)' 200 0 E 150 = 100 0 a 50 0 2018 2019 2020 Refuse Total Generation Recyclables Brush&Yard Waste 1 Per-capita values(pounds per person per month) are based on average monthly residential customer data provided by the City. 3.3.2 Commercial Generation, Recycling, and Disposal The City of Denton is the exclusive provider of commercial refuse collection and disposal services in the City. Commercial entities can also contract with the City for recycling services, including typical recyclables,brush/yard waste, and food waste. Multiple permitted haulers also operate within the City to provide for the collection,transportation, and processing of commercial recyclables; and because of this, quantities of commercially generated recyclables are not fully known. Tonnages summarized in this section are based on data available to and reported by the City. In 2020, approximately 86,700 tons of commercial sector refuse was collected by the City, including approximately 2,100 tons of recycling and 300 tons of organics. Due to impacts of the coronavirus pandemic, less material was generated in the commercial sector than is typical and tonnages were down about 11 percent from the previous year(2019) and the City experienced an 11.5%decrease in commercial roll-off pulls in 2020. In 2019, approximately 97,500 tons of material was collected by the city from commercial and multifamily generators, including 3,300 tons of recycling and approximately 525 tons of organics(Figure 3-8).An additional approximately 21,900 tons of additional organics were City of Denton, Texas 3-11 Burns&McDonnell 484 485 Comprehensive Solid Waste Management Strategy Planning Area Characteristics recovered from facilities and wastewater treatment activity, comprised of 16,917 tons of facilities brush and 4,934 tons of wastewater treatment sludge were diverted as organics in 2019. Figure 3-8: City-Collected Commercial Waste by Material Type, 2019' Organics 22,400 19% Recyclables 3,300 3% Refuse 93,700 78% Similar to many other Texas cities,the multifamily residential sector in Denton receives services in a similar manner as the commercial sector. Commercial refuse quantities include material generated from both commercial entities and multifamily residents because these waste streams are often collected together and data is not tracked separately. Burns&McDonnell developed a planning-level estimate of multifamily refuse quantities generated in Denton by first calculating single-family per-capita refuse generation and using multifamily household size to estimate multifamily refuse generation. The per-household multifamily refuse generation estimate was then multiplied by the total number of occupied multifamily households to estimate the City's total annual multifamily refuse quantities. This estimated multifamily refuse generation figure was subtracted from total commercial generation to get the estimated refuse generated by commercial businesses." "Based on the U.S. Census Bureau's 2019 ACS,it was estimated that,on average,multifamily households have 0.5 fewer persons per household than single-family households. To estimate total multifamily annual refuse generation, Burns&McDonnell multiplied per-capita refuse generation rates by 2.57 persons per multifamily household, multiplied by the total occupied multifamily households in the City.Based on this,an estimated 11,100 tons of refuse per year may be generated by the multifamily sector,or approximately 12 percent of total commercial refuse generation. City of Denton, Texas 3-12 Burns&McDonnell 485 486 Comprehensive Solid Waste Management Strategy Planning Area Characteristics Figure 3-9 shows the estimated total commercial refuse generation in Denton in FYI 8-19, distributed between commercial businesses and multifamily households. Since commercial dumpsters may be serviced between one and six times per week,the distribution in tonnage between multifamily and commercial entities differs from the distribution of customer count. Currently, an estimated 16 percent of dumpster service accounts are multifamily customers. Figure 3-9: Commercial and Multifamily Refuse Distribution, 2019 (Tons) Total Commercial& Multifamily Multifamily Refuse Tons: 10,567 Tons 93,701 11% Commercial 83,134 Tons 89% 3.3.3 C&D Generation, Recycling, and Disposal Denton's C&D debris management previously included the Building Materials Recovery(BMR)program to recycle materials such as concrete,metal, and wood. C&D debris intended for disposal is managed at the City of Denton Landfill. C&D services are provided via an open market system and C&D generators that choose to recycle may contract independently with a hauler. Under this current system,the City tracks and provides data for total C&D debris disposed but the City is not able to comprehensively track recycled C&D quantities. Figure 3-10 shows how C&D debris disposal at the City of Denton Landfill has varied for the last three years. It's important to note that not all of this material was generated in the City. Quantities of C&D disposal declined in 2020,which may be the result of the coronavirus pandemic as well as competition with the recently opened 380 McKinney C&D Landfill. City of Denton, Texas 3-13 Burns&McDonnell 486 487 Comprehensive Solid Waste Management Strategy Planning Area Characteristics Figure 3-10:City of Denton Landfill C&D Debris Disposal Trends, 2018-2020 (Tons)' 30,000 30,531 29,563 25,000 20,000 15,222 15,000 10,000 5,000 2018 2019 2020 1. C&D debris disposal tonnage data from TCEQ annual reports for the City of Denton Landfill. 3.3.4 Total Generation, Recycling, and Disposal In 2020, City managed a total of 158,909 tons material through its residential and commercial collection services,with 46,490 tons(29 percent)generated by the single-family residential sector and 112,419 tons (71 percent)generated by the commercial sector(including multifamily households, facilities, and wastewater treatment). As shown in Figure 3-11, a total of 7,062 tons of recycling and 30,600 tons of organics were recovered from residential and commercial generators which is equivalent to approximately 24 percent diversion for these generators.A small quantity of HCC, electronics, drug kiosk and C&D metals were also reported as recycled. City of Denton, Texas 3-14 Burns&McDonnell 487 488 Comprehensive Solid Waste Management Strategy Planning Area Characteristics Figure 3-11: City of Denton Residential & Commercial Generation by Material Type, 2020 Total Residential&Commercial Generation Tons': 158,909 Organics 30,600 19% Recyclables 7,062 5% rp Refuse 120,119 41b F 76% Table 3-4 communicates the combined residential and commercial MSW tonnages on a per-capita basis for the last three years. In 2020,the City managed a total of 5.9 pounds per person per day of MSW,with 4.5 pounds per person per day landfilled. These generation and disposal rates are higher than the U.S. EPA nationwide estimates,at 4.9 and 2.4 pounds per person per day respectively for 2018;however,other nationwide estimates suggest that U.S. EPA may underestimate landfill disposal and actual disposal rates are higher.34 Table 3-4: Residential and Commercial Management, 2018-2020 (pounds per person per day) Pounds per Person per Day U.S. EPA Category 2018 2019 2020 2018 Landfill Disposal 4.5 4.8 4.5 2.4 Material Diversion 1.5 1.5 1.4 1.6 Total Generation 5.9 1 6.2 5.9 4.0 1. Total generation also includes small amounts of HCC,electronics,and drug kiosk tonnage. sa Other nationwide MSW management studies,including those published by BioCycle magazine,the Environmental Research&Education Foundation,and multiple U.S.universities suggest the methodology used by the U.S.EPA likely underestimates MSW disposal and generation tonnage and rates. City of Denton, Texas 3-15 Burns&McDonnell 488 489 Comprehensive Solid Waste Management Strategy Planning Area Characteristics Based on recent trends,the City has strong residential recycling and diversion programs in place. While the City has programs and relationships in place that actively encourage commercial and C&D debris recycling,no formal reporting mechanisms are in place to track diversion activities from third-party haulers in these sectors. As a result,non-residential recycling activity is difficult for the City to routinely track. Waste composition data collected for the strategy development(and presented in Section 3.4 and Appendix C)provides additional insight into the opportunities is increase diversion in the residential and commercial sectors. Further evaluation of these opportunities in presented in Sections 5.0 through 10.0. 3.3.5 Residential and Commercial MSW Forecast Currently,the City develops six-year planning forecasts for materials managed by the City based on recent year trends,known contract conditions, and anticipated development. To facilitate strategy long- term development,Burns&McDonnell developed solid waste projections through 2040 for City-serviced residential and commercial services based on current and projected population,employment, and land development. The impact of projected regional disposal quantities and landfill life projections for the City of Denton Landfill are presented separately in Section 4.0. As with any long-term planning activity,the development of the MSW generation projections requires a number of assumptions to be made. Figure 3-12 presents the forecasted tons of material generated in the residential and commercial(including multifamily) sectors and managed by the City on an annual basis using a 2019 baseline. The developed projections conservatively assume constant per-capita and per- employee waste generation rates,based on a 2019 baseline.35 The City may be able to drive decreased waste generation and/or increased recycling rates through its continued programs and initiatives such as waste reduction and diversion education and policies implemented by cities and entities within the region. 35 2019 baseline data was selected as a baseline for long-term planning based on the availability of detailed demographic data.This baseline inherently assumes that that short-term shifts in solid waste generation and disposal due to the coronavirus pandemic are temporary.Based on data provided by the City for the first part of 2021, commercial and residential generation rates have begun to return to pre-pandemic trends. City of Denton, Texas 3-16 Burns&McDonnell 489 490 Comprehensive Solid Waste Management Strategy Planning Area Characteristics Figure 3-12: Projected City-Managed Residential and Commercial Waste Generation, 2019-20401 300,000 2040 Projection Total: 274,400 250,000 2019 Baseline 200,000 Total: 165,600 ■Commercial a, Commercial: c t7 150,000 300 c ■Residential 0 H 100,000 0 111 H 50,000 11 .11 0 L�ti L�10 L03 1. Commercial includes material generated by commercial,multifamily,and ICI generators including wastewater treatment sludge and facilities brush. 3.4 Waste Characterization In addition to understanding the quantity of material generated,the relative fraction of material types is critical to estimating potential recycling, diversion,waste reduction, and refuse disposal.As part of the CSWMS development,Burns &McDonnell performed a 3-day waste characterization study to better understand the composition of both recycling and refuse from single-family residential,multi-family residential, and commercial generators.A memo summarizing the study results is provided in Appendix C. Residential waste and recycling composition for the City was also evaluated as part of the NCTCOG Regional Recycling Survey and Campaign. Combined results are summarized below for both the City and City of Denton, Texas 3-17 Burns&McDonnell 490 491 Comprehensive Solid Waste Management Strategy Planning Area Characteristics the NCTCOG region.Figure 3-13, Garbage Recycling Problem Materials Problem Materials Other 3% 1 1 C&D 1Paper Metals 5% Figure 3-14, and Figure 3-15 present the compositions results for single-family residential,multifamily residential, and commercial generators,respectively.Notable variations exist in both garbage and recycling composition based on generator,underscoring the importance of considering streams independently when evaluating diversion programs success and opportunities. For example, commercial recycling is primarily cardboard leaving a higher percentage of recoverable metals and plastics in the refuse stream. City of Denton, Texas 3-18 Burns&McDonnell 491 492 Comprehensive Solid Waste Management Strategy Planning Area Characteristics Figure 3-13: Single-Family Residential Garbage and Recycling Composition, 2020 Garbage Recycling Problem Materials Problem Materials Other 3°5 1% 1% C&D 1% L Plastic Metals Figure 3-14: Multifamily Residential Garbage and Recycling Composition, 2020 Garbage Recycling C&D Problem 2% Materials Organics 4% Other 5% Paper Glass "A Plas Metals bib,A 3`Yo • Metals •• 3% Figure 3-15: Commercial Garbage and Recycling Composition, 2020 City of Denton, Texas 3-19 Burns&McDonnell 492 493 Comprehensive Solid Waste Management Strategy Planning Area Characteristics Garbage Recycling Other C&D Problem 2% Materials Glass Organics 1% Problem 1% 3% Materials 2% 2%Metals 1% Paper Plastic pr k 5% � Organics L41% Plastic "Metal'), 'A A ... Glass 2% 3.4.1 Regional Capture Rate As part of the NCTCOG Regional Recycling Survey and Campaign,the capture rate was a key metric of the data collection and analysis,rather than the traditional recycling rate,to generate a more impactful education and outreach campaign.A capture rate provides insight on individual types of recyclable materials to target for increased recovery and supports the development of focused education/outreach campaign materials. Capture rate is calculated using the following formula: Pounds of Recyclable Materials in Recycling (Pounds of Recyclable Material in Recycling + Pounds of Recyclable Material in Garbage) The capture rates from the NCTCOG waste characterization study were derived by using the composition profile of hand-sorted single-family refuse and recycling to calculate the capture rate of between four and 12 samples delivered by each city,where each recycling sample represented about 100 pounds of material and each refuse sample represented about 250 pounds of material. Low capture rate indicates where opportunities exist to increase material recovery through single-stream recycling and provides an understanding of how effectively a curbside recycling program operates. Table 3-5 compares the capture rate on a material-by-material basis for recyclables among the North Central Texas region for 2019 and 2020 on a region-wide basis. City of Denton, Texas 3-20 Burns&McDonnell 493 494 Comprehensive Solid Waste Management Strategy Planning Area Characteristics Table 3-5: Regional Single-Family Capture Rate by Individual Recyclable Materials 2019 2020 Regional Regional Year-over- Capture Capture Year Rate Rate Change Recyclable OCC 58.8% 62.4% 3.6% Mixed Paper 34.1% 27.7% (6.3%) Paper Subtotal 41.1% 38.0% (3.2%) PET Containers 24.9% 26.5% 1.6% HDPE Containers -Natural 28.0% 34.2% 6.1% HDPE Containers -Colored 25.8% 26.1% 0.4% #347 Containers 11.3% 12.7% 1.4% Plastic Subtotal 22.2% 23.7% 1.5% Aluminum Used Beverage Containers 26.1% 31.0% 4.8% Ferrous Metal Food Containers 14.2% 18.4% 4.2% Metals Subtotal 19.5% 24.4% 4.8% Recyclable Glass 34.4% 33.9% (0.5%) Glass Subtotal 34.4% 33.9% (0.5%) Regional Capture Rate 29.8% 28.7% (1.3%) Approximately 435,000 tons of recyclables are sold to market annually in the North Central Texas region and among all of these material categories the recycling system is operating at a capture rate of less than 30 percent. Burns&McDonnell also developed the capture rate for the samples provided by each participating city on an aggregated and individual basis. City of Denton, Texas 3-21 Burns&McDonnell 494 495 Comprehensive Solid Waste Management Strategy Planning Area Characteristics Table 3-6 shows the capture rate for the aggregated participating cities compared to the City for the single-family residential samples. City of Denton, Texas 3-22 Burns&McDonnell 495 496 Comprehensive Solid Waste Management Strategy Planning Area Characteristics Table 3-6: 2020 Participating City and Denton Single-Family Capture Rate 2020 Denton 2020 Participating Recyclable Material Capture Rate' Cities Capture Rate Recyclable OCC 84% 84% Mixed Paper 47% 52% PET Containers 37% 51% HDPE Containers-Natural 55% 58% HDPE Containers-Colored 44% 52% #347 Containers 36% 31% Aluminum Used Beverage Containers 37% 57% Ferrous Metal Food Containers 11% 41% Recyclable Glass 50% 59% Total 49% 59% 1. Capture rate is reflective of the combined results(a total of 12 samples of garbage and recycling)from the samples provided both during the City's sorting event and the NCTCOG sorting event intended to show results with an increased level of confidence. The capture rate for the City at 49 percent is lower than the capture rate of the aggregated NCTCOG samples at 59 percent. Based on these results,there is opportunity for the City to improve in the capture of key and highly valuable recyclable materials including mixed paper,PET,HDPE and ferrous metal. 3.4.2 Recycling Contamination Table 3-7 shows the recycling contamination present in the City's aggregate sort samples from each generator type. Contamination rates are calculated as the weight of all non-recyclable materials collected from a sample divided by the total weight of that sample. Contamination categories include non- recyclable Old Corrugated Cardboard(OCC), other non-recyclable paper,non-recyclable plastic, non- recyclable glass, organics, other C&D,problem material, and other material. Table 3-7: Recycling Contamination by Generator Type Single-Family' Multi-Family Commercial Contamination 3 5% 25% 21% 1. Contamination in the single-family recycling shown is reflective of the combined results(a total of 12 samples of garbage and recycling)from the samples provided both during the City's sorting event and the NCTCOG sorting event intended to show results with an increased level of confidence. Contamination rates shown in Table 3-7 for single-family residential differ notably from those reported in the City's data and presented in Table 3-8. There are multiple potential explanations for this, including City of Denton, Texas 3-23 Burns&McDonnell 496 497 Comprehensive Solid Waste Management Strategy Planning Area Characteristics that contamination rates determined through a waste sort do not account for sorting at the MRF which may not always capture all of a recyclable material due to a number of factors including material size or equipment. It is important to note that each ton of contamination that is managed by the City represents increased operational costs associated with material handling,hauling costs, and MRF tipping fees. Table 3-8: Reported Single-Family Recycling Contamination Rates 2018 2019 2020 2021 YTD' Recycling Tonnage(gross) 7,456 8,091 8,749 5,804 Recycling Tonnage(net) 5,866 5,973 4,937 2,009 Difference 1,590 2,819 3,812 3,795 Contamination Rate 21% 35% 44% 65% 1. Partial year data(October 2020 through May 2021) City of Denton, Texas 3-24 Burns&McDonnell 497 498 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure 4.0 FACILITIES AND INFRASTRUCTURE This section provides an overview of existing MSW processing facilities and infrastructure in the City and North Central Texas region including landfills,transfer stations,MRFs,C&D facilities, organics processing facilities,and home chemical collection. Planning for future disposal and processing options now will provide the City with sufficient time to meet the future needs of the Denton community. 4.1 Current System Review Figure 4-1 shows the City of Denton solid waste facilities,which include the City of Denton Type I landfill,Dyno Dirt composting facility, and Home Chemical Collection(HCC)facility.Additionally, through a public-private partnership,Pratt Industries operates a recycling materials recovery facility (MRF)at the Denton Landfill complex. The MSW facilities in the broader North Central Texas region are shown in Figure 4-2. Figure 4-1: MSW Management Facility Locations within the City of Denton M 455 W [455 Bolivar Fr L� _9 S Gree y M:bre; W 1 � 11- a B V Krum 0 1 �I 2831 3Bni-- _ -eLwlrrylty DI p Pratt MRP TI- U Denton Landfill ❑ Dyno Dirt Composting Facility PU D Denton °H°arr r�r i r Home Chemical Collection Center Carter . .....roint Ponder .; El ac Shady Shores Lit �rLII�/ Corinth lJ © F-4-ld H—.ad,J�s Wye Cd16_1 an SR A 4SW(Type I)lfills Pbleiiel R.—Y 2181 09-k —14 n Rey- 0 125 2.5 5 Miles D.ro_�� C—*. I I I I I I I I i Texas Parks&Wildlife,Esn,HERE,Gamin, City of Denton, Texas 4-1 Burns&McDonnell 498 499 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Figure 4-2: MSW Facility Locations within Denton County and Neighboring Counties - - - - - - - - - - - r - - - - - - - - - - - - - - - - - - I1 — — — — -r — — — — — — — — — — -- I I � I - II L _ - _ T _ _ - - I I I 17 0 s Pratt MRF Denton Landfill U r McKinney Dyno Dirt Compost'ni; Facil ty o ■ I .a Home Chemical Collection Center Lake I Le.visw7le � I I Lvllle �Flower'typ � I .13. I Plano .1.�.},�.��I I I • GUMi UL.11t!tit 1____—.—--— — — — — — T _.— ..—��—� CK7M — I IJi.IJLJ ■1 I I.4 I Garland I ! I 4 1� I I � 0 I f QDallas o esqurte p a ortwortf, Q Aiwt I I • C&D Recycling Facilities ° I n gym,Cole,moons Household Ha=aod«ts waste CnlVection sites ■ rGw(Type 1)LendAlls I1- ■ M`W(Type IV)Landfills 0 I 5 10 20 Mlle I I • MA h.l Recovery I wg�c Processing Facility in Regon I II I I I I I I ll CedarHtll I .� -lansse %bons(Ts) 137 Dent.City Links I City of L�Wwtft xas Parks&Wildlife,Esri,HERE,Garmis S Irf I 7( 175 City of Denton, Texas 4-2 Burns&McDonnell 499 500 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure 4.1.1 Landfills This section provides an overview of existing landfills in the City and region, analysis of historic and projected regional landfill capacities, and a discussion of future disposal considerations. There are presently 18 active Type I landfills (landfills that accept all types of MSW, including C&D materials and special waste)in the NCTCOG region among Collin,Dallas,Denton,Ellis,Johnson, Navarro,Parker, and Tarrant County. Table 4-1 identifies the Type I landfills currently in operation in the region and provides disposal and remaining capacity data,as reported by the TCEQ for FY 2020.36 Information about active Type IV landfills in the NCTCOG region is provided in Section 4.1.5. Table 4-1: NCTCOG Type I Landfill Disposal and Remaining Capacities, FY 2020 Remaining Remaining Tons Capacity Site Life Permit Permit Holder/Site Name Owner County Disposed' (Tons) (Years)2 1590B City of Denton Landfill' City of Denton Denton 388,067 27,677,394 72 1025B DFW Recycling and Waste Management Denton 915,892 2,139,153 2 Disposal Facility 1312B Camelot Landfill Republic/Farmer's Denton 716,332 32,006,486 45 Branch 121 Regional Disposal North Texas Collin 946,399 72,081,975 76 2294 Landfill Municipal Water District 218C South East Landfill City of Fort Worth Tarrant 732,522 16,244,574 22 358B City of Arlington Landfill City of Arlington Tarrant 933,193 34,493,232 37 62 McCommas Bluff Landfill City of Dallas Dallas 1,617,121 59,891,574 35 996C City of Grand Prairie City of Grand Dallas 244,567 4,940,267 32 Landfill Prairie 1394B Hunter Ferrell Landfill City of Irving Dallas 192,161 3,114,830 33 1895A Charles M Hinton Jr City of Garland Dallas 586,097 17,707,706 30 Regional Landfill 42D Skyline Landfill& Waste Management Ellis 1,772,283 21,205,467 15 Recycling Facility 1209B CSC Disposal and Landfill Republic Ellis 20 17,184,946 100 1745B ECD Landfill Republic Ellis 154,599 29,260,015 160 1195B Republic Maloy Landfill' Republic Hunt 139,346 1 19,559,746 1 100 s6 Texas Commission on Environmental Quality(TCEQ). September 2021."Municipal Solid Waste in Texas:A Year in Review;FY 2020 Data Summary and Analysis."hqps://www.tceq.texas.gov/downloads/Tertnitting/waste- pennits/waste-planning/docs/187-2l.pdf City of Denton, Texas 4-3 Burns&McDonnell 500 501 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Remaining Remaining Tons Capacity Site Life Permit Permit Holder/Site Name Owner County Disposed' (Tons) (Years)' 534 City of Cleburne Landfill City of Cleburne Johnson 525 7,143 14 1417C Turkey Creek Landfill3 Waste Connections Johnson 663,541 8,247,586 5 2190 City of Corsicana Landfill City of Corsicana Navarro 101,539 11,121,239 110 47A Weatherford Landfill City of Weatherford Parker 125,686 112,811 2 Tota14 10,229,890 376,996,143 37 1. Tons disposed in the region does not reflect total MSW generation,as a certain amount of MSW is recycled and diverted as well as imported and exported from the region each year. 2. Remaining years are calculated based on the annual airspace utilization factors reported to TCEQ for each landfill in pounds per cubic yard.The remaining years reported by TCEQ shown in this table do not take population growth into account.Discussion about the remaining landfill capacity taking population growth into account is provided in Section 4.1.1.2. 3. Reflects landfill expansions approved by TCEQ during 2020 and 2021. 4. Total may not sum exactly due to rounding. 4.1.1.2 Historic and Projected Regional Landfill Capacities Figure 4-3 illustrates how remaining regional landfill capacity disposal has changed from 2009-2020. During this time,total annual regional disposal has trended upward, from 8.1 million tons in 2009 to 10.8 million tons in 2020. Data is based on past annual TCEQ summary reports.37 Figure 4-3: Trends in Annual Regional Disposal,Type I and IV Landfills (Tons) 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 37 Texas Commission on Environmental Quality(TCEQ).Annual Summary of Municipal Solid Waste Management in Texas archive.https://www.tceq.texas.gov/permittin /wg aste permits/waste planning/wp swasteplan.html City of Denton, Texas 4-4 Burns&McDonnell 501 502 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Based on data from the TCEQ's 2020 annual review of MSW generation and facilities in Texas,the region has approximately 37 years of total Type I Landfill capacity remaining at current reported annual disposal rates. However,this estimate does not account for future population and economic growth. Actual total remaining landfill life, given current remaining capacities, is likely to be lower.38 Based on population projections from the NCTCOG,39 the population of the region is projected to grow at an annual rate of 2.2 percent from 2020-2045. Figure 4-4 shows the projected remaining NCTCOG region landfill capacity through 2045,taking into account future population and economic growth and assuming no landfill capacity is added through existing landfill expansion or new permitted landfills. Figure 4-4: Projected NCTCOG Remaining Regional Types I and IV Landfill Capacity, 2021-2045 450,000,000 27 Years 400,000,000 Q m _U 350,000,000 CO 300,000,000 J c in 250,000,000 o c .50 0 tZ 2O0,000,000 c -E 150,000,000 7 Years E a) 100,000,000 0 50,000,000 2 Years H 0 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 As of 2020 the estimated the remaining landfill capacity of the region is approximately 386.3 million tons. If annual disposal quantities,totaling approximately 10.8 million tons in 2020,were to increase at the same rate as regional population projections,the remaining NCTCOG regional landfill capacity would be fully depleted in the year 2047. This equates to total remaining landfill life of 27 years for the region, from the year 2020. 38 Data from the TCEQ's 2020 MSW annual report,presented in Table 4-1 and discussed in this section,is reflective of the way data has traditionally been presented by TCEQ in its MSW annual reports. TCEQ data provides an understanding of facilities and capacities at a given point in time and does not incorporate population and economic growth projections. 39 2040 NCTCOG Demographic Forecast.NCTCOG Regional Data Center.Accessed February 2021. https://data- nctcoggis.opendata.arcgis.com/datasets/6e99f3788Od845758788c l8f5a2c36f2_10 City of Denton, Texas 4-5 Burns&McDonnell 502 503 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure As landfills in the region close and the total disposal capacity decreases,tonnage flows will shift to the available disposal capacity and market pressure will cause the value of airspace to increase over time. Further discussion and strategy in response to decreasing regional disposal capacity is provided as part of the Strategy to Efficiently Use Landfill Capacity(see Sections 7.0 and 11.3). 4.1.1.3 City of Denton Landfill The City of Denton Landfill(owned and operated by the City)is located at 1527 S. Mayhill Road, Denton, TX. It began operation in 1984 under TCEQ permit number 1590.According to the TCEQ permit issued in July 2021 (1590B),the Denton Landfill consists of a total permit boundary of 404.4 acres and a waste disposal footprint of 258.0 acres with a total waste disposal capacity of 51.88 million cubic yards. This includes recent approval of a vertical and lateral expansion,which added 40 million cubic yards disposal capacity. Prior to the expansion,the site had an estimated 7.27 million cubic yards remaining in 2020 (11.5 years of capacity). This increase provides an additional 60 years of landfill life, giving the site an estimated 72 years of site life remaining(Table 4-1). All refuse collected within the City limits is disposed at the Denton Landfill,which serves both City and non-City customers.All customers pass through the scalehouse facility which records the tonnage of material and customer category(Figure 4-5). Figure 4-5: Denton Landfill Scalehouse I I ._ �. A LANDFILL WEIGH STATION stun MERE 41 Customer types are defined as follows,with brief descriptions: City of Denton, Texas 4-6 Burns&McDonnell 503 504 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Residential.The City collects refuse material from residential customers set out at the curb in 64-and 96- gallon rolling carts on a weekly basis using Automated Side Loader(ASL)vehicles. City Hauled Commercial. The City collects refuse material from commercial customers set from four, six, eight and ten cubic yard(CY)bins at a frequency determined by the customer(i.e.,once per week, twice per week,etc.)using both Front Loader(FL)or Side Loader(SL)vehicles. City Hauled Commercial Open Top. The City provides open top containers to commercial customers and services them at a frequency determined by the customer(i.e.,once per week,twice per week,etc.) using roll off trucks. City Hauled Commercial Compactors. The City provides compactors and compacting units to commercial customers and services them at a frequency determined by the customer(i.e.,once per week, twice per week,etc.)using roll off trucks. Wholesale. The City accepts and disposes non-City collected materials from private haulers,primarily under"Put-or-Pay"contracts including refuse and C&D material from residential and commercial generators. Put-or-Pay contracts guarantee a specified amount of waste annually at a negotiated price. Retail. The City accepts material from self-haul customers including refuse and C&D material from residential and commercial sources. The City-collected residential tons are not charged a disposal fee, City-collected open tops and compactors are charged and the fee that is passed through to the customer, and retail tons are charge the applicable gate rate. Table 4-2 shows the per ton rates for each customer and/or material type. Table 4-2: Disposal Rates at Landfill Facility(2020) Customer/Material Rate per Ton Gate Rate(City Residents/Businesses) $44.00 Gate Rate(Non-Denton Residents/Businesses) $48.00 City Hauled Commercial Open Top and Compactors $40.00 Wholesale Put-or-Pay Contracts' $27.00-34.00 Figure 4-6 provides the fiscal year(FY)2020 disposal distribution by broad customer category40 40 Source:Data provided by the City of Denton. City of Denton, Texas 4-7 Burns&McDonnell 504 505 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Figure 4-6: Denton Landfill MSW Tonnage by Broad Customer Category, 2020 Residential Retail Tons 8% through Scalehouse 20% Commercial 21% Wholesale Customers 51% In 2020, City hauled material accounted for 31 percent of the total tonnage disposed and non-City hauled material comprised 71 percent,where put-or-pay contracts account for over half of the disposed material at the landfill. Materials not hauled by the City may have been generated within the City(e.g., self-haul) or in a neighboring community. Figure 4-7 summarizes the annual tonnage by source from FY 2015 through FY 2020. Most source categories have remained steady each year,however,the wholesale customer tonnage significantly increased from 2019 to 2020 due to an increase in put-or-pay contracts with private haulers. City of Denton, Texas 4-8 Burns&McDonnell 505 506 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Figure 4-7: Denton Landfill Annual Tonnage by Customer Category, 2016-2020 450,000 400,000 350,000 300,000 250,000 ■ 200,000 150,000 100,000 50,000 FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 ■Residential ■Commercial ■Wholesale Customers ■Retail Tons through Scalehouse Table 4-3 shows the historical tonnages disposed at the Denton Landfill by customer category. Table 4-3: Denton Landfill Disposal Tons by Customer Category, 2016-2020 FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 Residential 25,338 26,270 26,592 28,146 32,015 Commercial 83,931 86,080 83,765 93,701 84,309 Wholesale Customers 100,760 101,156 106,240 110,536 204,399 Retail Tons through Scale House 41,632 59,917 59,768 74,309 78,590 TOTAL 251,661 273,424 276,364 306,692 399,313 Based on current disposal rates,the recently approved vertical and lateral expansion increases the expected capacity of the Denton Landfill to 72 years (Table 4-1). As described in Section 3.0,population and economic growth are forecasted to result in increased City-hauled landfill disposal tonnages. Population growth in Denton County and other surrounding areas using the Denton Landfill will likely result in an increase in demand from retail and wholesale customers as well. City of Denton, Texas 4-9 Burns&McDonnell 506 507 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Figure 4-8 shows estimated capacity for the Denton Landfill under various future waste acceptance scenarios: • Proportional growth. The City accepts an increasing amount of City-hauled,retail and wholesale/put-or-pay tonnage based on forecasted population growth in the City and surrounding communities. • Capped put-or-pay. The City renews existing put-or-pay contracts at current tonnage levels and accepts an increasing amount of City-hauled,retail, and other wholesale tonnage based on growth within in the City. • Maximum airspace preservation. The City ceases the use of put-or-pay contracts after current contracts expire in 2023 and accepts only material from the City of Denton and the Pratt MRF. Figure 4-8: Projected Denton Landfill Capacity Based on Forecasted Scenarios, 2021-2080 Proportional Growth 30,000,000 U) o Capped Put-or-Pay H 25,000,000 Maximum Airspace co Preservation C 20,000,000 0 m 15,000,000 c cu E 10,000,000 0 5,000,000 — 0 2020 2025 2030 2035 2040 2045 2050 2055 2060 2065 2070 2075 2080 Estimates suggests that, depending on the City's approach to utilizing airspace,the current capacity of the Denton Landfill could be fully depleted as early as 2057, or 36 years currently remaining(as of FY 2021) without increases in diversion rates. The capped put-or-pay scenario provides approximately 45 years of life currently remaining,with capacity being depleted in 2066 without increases in diversion rate. If only materials generated within City of Denton and from Pratt MRF were accepted to maximize airspace preservation,landfill life would be depleted in 2077 or 56 years currently remaining. City of Denton, Texas 4-10 Burns&McDonnell 507 508 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Further description and evaluation of using put-or-pay contracts and tonnage guarantees in the future are provided as part of the evaluation of the Strategy to Efficiently Use Landfill Capacity(see 7.0 and 11.3). The City Landfill has a renewable natural gas(RNG)project planned to make beneficial use of landfill gas. Gas will be collected through wells,cleaned to pipeline quality, and injected into the pipeline. 4.1.2 Materials Recovery Facilities This section provides an overview of Materials Recovery Facilities (MRFs) in the region and provides a high-level overview of the Pratt MRF located at the Denton Landfill. MRFs are designed to receive,process, segregate and bale various recyclable materials and prepare them for sale on the secondary material commodity market. There are presently 11 active MRFs in the NCTCOG region, located among Collin,Dallas,Denton, Ellis,Johnson,Navarro,Parker, and Tarrant Counties. Table 4-4 identifies the MRFs currently in operation in the region and provides the owner and/or operator, and location. Table 4-4: NCTCOG Materials Recovery Facilities and Accepted Residential Materials Residential Permit Holder/Site Name Owner/Operator County Materials Accepted' Pratt—Denton Pratt Industries Denton Gen 1 Waste Connections MRF—McKinney Waste Connections Collin Gen 1 Plano Recycle Center Republic Services Collin Gen 2 North Texas Recycling Complex Republic Services Tarrant Gen 2 Waste Management—Arlington Waste Management Tarrant Gen 2 CWD Recycling Facility CWD Dallas Gen 2 FCC—Dallas FCC Environmental Services Dallas Gen 2 Champion MRF2 Champion Waste Services Dallas - Dallas Recycling Facility Dallas Waste&Recycling Inc Dallas - Balcones—Dallas2 Balcones Dallas - Waste Management Dallas Metroplex2 Waste Management Dallas - 1. Based on 2018 interviews with the respective residential MRF operators.First generation MRFs(Gen 1)report accepted materials as:cardboard,mixed paper,kraft bags,paperboard,office paper,glass bottles and jars,aluminum cans,steel cans, PET bottles and HDPE bottles and jugs.Upgraded or second generation MRFs(Gen 2)report accepting all Gen 1 materials plus cartons,clean pizza boxes,aerosol cans,aluminum foil,PP#5 containers,and bulky plastics. 2. Commercial MRF processing little to no residential recycling. City of Denton,Texas 4-11 Burns&McDonnell 508 509 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Across the NCTCOG region,there is a reported total of nearly 600,000 tons per year(TPY) of MRF processing capacity currently installed. There is approximately 65,600 TPY of installed processing capacity at the two MRFs closest to the City(Pratt MRF in Denton and Waste Connections MRF in McKinney),with both facilities reportedly operating at or near capacity. Compared to other MRFs in the region,these two facilities also accept a more limited set of materials; while other MRFs in the region accept items such as cartons,pizza boxes,and aluminum foil,these facilities do not.As a result,recycling processing opportunity in the northern portion of the North Central Texas region is more limited. 4.1.2.2 City of Denton Materials Recovery Facility Recycling in the City is delivered to the Pratt MRF located at the Denton Landfill owned and operated by Pratt Industries(Pratt). Figure 4-9 shows the front entrance of the Pratt MRF. Figure 4-9: Pratt Industries Material Recovery Facility L, r - - The Pratt MRF is approximately 40,000 square feet and processes about 20 tons per hour(TPH)of Acceptable Recyclable Materials loaded into an in-feed conveyor to pre-sort material and to screen out bags and other non-recyclable material or material that presents safety hazards(e.g.,car bumper, lithium- ion batteries, etc.).Material is conveyed over a star screen and through multiple trommel screens where it then passes through quality control stations and drops into dedicated storage containers before it is baled and sold on the secondary materials commodity market. Glass and fine materials(i.e.,material that is less than two inches in diameter) is collected and transported to local secondary glass processing facilities. Source separated old corrugated cardboard(OCC) delivered by commercial entities is tipped directly on a designated location on the MRF floor and baled without being fed through the processing system. Figure City of Denton, Texas 4-12 Burns&McDonnell 509 510 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure 4-10 provides an overview of the recycling process, specific to the Pratt MRF. Secondary material commodity markets are described in more detail in Section 10.1. Figure 4-10: City of Denton Recycling Process Flow Overview Residential Paper/ Pratt Paper Recycling Cardboard Mill Pratt Industries MRF Commodity Markets Sorting d Commercial Plastic/Glass/ 3' Party Recycling Metals Recyclers Transporting \, Recycling \=ContaminationyLandfill Drop-Off The City entered into the Regional Recyclable Processing Agreement(Recycling Agreement)in 2007 with Pratt to build,own and operate a MRF at the Denton Landfill with an initial term of 20 years and the option for two additional ten-year terms by mutual decision of both parties. The City is currently in the initial 20-year term of the Recycling Agreement. At the conclusion of the Recycling Agreement,the City will take ownership of the Pratt MRF building(excluding processing equipment). The City provides utilities for the property(e.g.,water, sanitary sewer,electric), delivers all recyclable material collected from residential and commercial customers within the City limits to the Pratt MRF, accepts residual materials at the Denton Landfill and is responsible for promoting recycling education. Pratt pays the City$0.80 per ton of residential material delivered to the Pratt MRF to fund the City's effort market,promote and educate the community on recycling and waste diversion.Additionally,the City receives a rebate ranging from$5.00 to $15.00 per ton for all Curbside Collected Single Stream Recyclable Materials delivered by the City depending on the total tons delivered on a monthly basis. Pratt pays a rebate for other material types delivered to the Pratt MRF (e.g., Clean Commercial Recyclable Material,Unprocessed Commercial Recyclable Material)based on the tonnage and a percentage of index prices and/or sales revenue. Recyclable Material is defined as recyclable materials consisting of plastics#1 through#7,tin(steel cans), aluminum cans,clear and colored glass bottles and jars, certain types of plastic film,newsprint, magazines,corrugated cardboard,phone books, chipboard,white and colored paper,mail and office paper,that are reasonably free of food residue. Unaccepted material and residue is not to exceed 15 City of Denton, Texas 4-13 Burns&McDonnell 510 511 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure percent by weight per load, and loads in excess of 15 percent may be rejected and disposed at the Denton Landfill at no charge to Pratt. Further discussion and evaluation of the Recycling Agreement is provided in the Recycling Processing Evaluation(see Section 9.2). 4.1.3 Transfer Stations Transfer stations are facilities that are used to consolidate MSW from multiple collection vehicles into larger,high-volume transfer vehicles for economical shipment to distant disposal or processing facilities. Transfer stations can be used for material destined for landfilling,recycling, or composting. With a nationwide trend toward larger disposal and processing facilities,there has been an enhanced need for transfer stations.When transport distances are longer,transfer stations allow collection vehicles to be more productive by maximizing the amount of time spent collecting material rather than driving to a distant facility. Landfill trash,recycling, and yard trimmings collection vehicles may either haul material directly to one of these facilities(referred to as"direct haul") or utilize a transfer station,which aggregates material into larger transfer trailers for more efficient transportation(referred to as"long haul"). There are presently 17 active transfer stations in the NCTCOG region,located among Collin,Dallas,Denton, Ellis,Johnson, Navarro, Parker, and Tarrant Counties. Table 4-5 identifies the transfer stations currently in operation in the region as reported by the TCEQ in 2020.41 Table 4-5: NCTCOG Transfer Stations and Tonnage Handled, FY 2020 Permit Permit Holder/Site Name Owner/Operator County 2020 Tons' 2045A Custer Solid Waste Transfer Station North Texas Municipal Collin 315,048 Water District 53A Lookout Drive Transfer Station North Texas Municipal Collin 178,639 Water District 1494 Parkway Transfer Station North Texas Municipal Collin 109,414 Water District 40284 Town and Country Recycling Facility Champion Waste& Collin 48,110 Recycling Services 2275 North Texas Recycling Complex Republic Services Tarrant 4,728 Transfer Station 2306A WC Minnis Drive Transfer Station Waste Connections Tarrant 193,327 a' Texas Commission on Environmental Quality(TCEQ). September 2021."Municipal Solid Waste in Texas:A Year in Review;FY 2019 Data Summary and Analysis."hqps://www.tceq.texas.gov/downloads/Tertnitting/waste- pennits/waste-planning/docs/187-2l.pdf City of Denton, Texas 4-14 Burns&McDonnell 511 512 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Permit Permit Holder/Site Name Owner/Operator County 2020 Tons' 40052 Southwest Paper Stock Transfer Station Southwest Paper Stock Tarrant 24,954 40186 Westside Transfer Station Waste Management of Tarrant 215,181 Texas 1145 Bachman Transfer Station City of Dallas Dallas 160,177 60 Fair Oaks Transfer Station City of Dallas Dallas 84,100 1453 Southwest Transfer Station City of Dallas Dallas 75,804 12 Garland Transfer Station Facility City of Garland Dallas 117,078 1263 Mesquite Transfer Station Facility City of Mesquite Dallas 64,159 227 University Park Transfer Station City of University Park Dallas 13,059 40196 Community Waste Disposal Transfer Community Waste Disposal Dallas 119,120 Station 40168 City of Cleburne Transfer Station City of Cleburne Johnson 77,395 Facility 40181 Somervell County Transfer Station Somervell County Somervell 12,169 1. Tons represent all material processed at the facility on an annual basis and may include refuse,recycling, and organic waste. Tons presented are based on TCEQ annual reporting data, except for the City of Dallas transfer stations which are based on values provided to Burns&McDonnell directly by the City of Dallas for FY 19-20. The financial feasibility of a transfer station and whether material should be direct-hauled or long-hauled is dependent on a number of factors,including: • Collection cost • Disposal cost • Distance/travel time to landfill • Fuel costs • Annual tonnage hauled • Payload of transfer trailers vs. collection vehicles Assuming other factors are held constant,the further the landfill or processing facility is from the collection point,the more financially feasible long-hauling with a transfer station is compared to direct hauling. As described in Section 4.3,there is significant anticipated growth and development in the southwest portion of the City. Tactics to develop infrastructure such as transfer station(s)to support future growth and regional opportunity are evaluated in more detail as part of the Strategy to Plan for Future Growth and Infrastructure(see Sections 8.0 and 11.4). City of Denton, Texas 4-15 Burns&McDonnell 512 513 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure 4.1.4 Organics Processing Facilities This section provides an overview of organics processing facilities in the region and describes the City's organics processing facility. TCEQ regulation and oversight of organics processing regulations vary depending on the types of materials a facility accepts and therefore TCEQ does not actively regulate all organics processing facilities. Burns &McDonnell has compiled an inventory of known active organics processing facilities, although there may be additional organics processing operations in the region that are small scale or do not generate a compost product that is marketed commercially. Table 4-6 identifies major organics processing facilities within the Denton, Collins,and Tarrant County areas that accept materials such as yard trimmings and food scraps. Table 4-6: NCTCOG Organics Processing Facilities and Accepted Materials Site Name County Accepted Materials' Plano Pure Products Collin Vegetative materials only Living Earth Collin Vegetative materials only Sustainable Soil Solutions Collin Vegetative materials only The Organic Recycler of Texas Collin Vegetative materials only City of Denton Yard Waste Facility Denton Putrescible and vegetative materials Living Earth Denton Putrescible and vegetative materials Living Earth Dallas Putrescible and vegetative materials Soil Building Systems Dallas Vegetative materials only The Organic Recycler of Texas Dallas Putrescible and vegetative materials City of Grand Prairie Landfill Dallas Vegetative materials only Hunter Ferrell Landfill Dallas Vegetative materials only Charles M. Hinton Jr Regional Landfill Dallas Vegetative materials only City of Mesquite Municipal Compost Dallas Vegetative materials only Alpine Materials LLC Tarrant Vegetative materials only Living Earth Tarrant Putrescible and vegetative materials Living Earth—Fort Worth SE Landfill Tarrant Putrescible and vegetative materials Living Earth—City of Arlington Landfill Tarrant Putrescible and vegetative materials Silver Creek Materials Recovery Facility Tarrant Vegetative materials only The Organic Recycler of Texas Tarrant Putrescible and vegetative materials Thelin Recycling Tarrant Vegetative materials only 1. Accepted materials are categorized as putrescible or vegetative.Putrescible materials have high moisture content and include,but are not limited to,pre-and post-consumer food waste,biosolids,sludge,or liquid waste.Vegetative materials are cellulosic with low moisture content and include,but are not limited to,tree branches and limbs,grass,shrubs,yard waste,lumber,dry animal bedding,or floral trimmings. City of Denton, Texas 4-16 Burns&McDonnell 513 514 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure There is one major organics processing facility near the City, operated by Living.While there are facilities with available capacity,private-sector processors have indicated there are challenges accepting source-separated food waste or yard waste from municipalities directly at their existing facilities due to high levels of contamination. 4.1.4.2 City of Denton Organics Processing Facility The City owns and operates an organics processing facility which manages organic waste collected through the residential and commercial collection program and biosolids from the Pecan Creek Water Reclamation Plant. The Dyno Dirt Composting Facility(Composting Facility)is covered by a pole barn, processes the material in open air windrows and houses various screening and material management equipment. Figure 4-11 shows the composting facility and some of the equipment used on site. Figure 4-11: City of Denton Dyno Dirt Composting Facility _ y 17 P Table 4-7 presents the annual tonnage processed at the Composting Facility from various sources. Table 4-7: City of Denton Organics Management Tons by Source, 2016-2020 Source FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 Residential Yard Waste/Brush 6,909 7,249 6,219 7,166 5,606 City Facilities Yard Waste/Brush 153,094 19,785 17,250 16,917 19,701 Commercial Organics 487 427 371 343 335 Biosolids (Sludge) 3,713 4,343 4,312 4,934 4,957 TOTAL 164,203 31,804 28,152 29,360 30,599 Organic material that is ground and composted is sold and marketed as Dino Dirt products. Dino Dirt products include compost,topdressing,potting mix, and mulch available to customers via pickup. Although the City is able to manage the current amount of material that is delivered to the site, a significant increase in tonnage or type of material may be challenging without infrastructure upgrades and additional staffing(e.g., introduction of significant quantities of food waste). City of Denton, Texas 4-17 Burns&McDonnell 514 515 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure 4.1.4.3 Pecan Creek Wastewater Treatment Facility The City's Pecan Creek Wastewater Treatment Facility(WWTP) staff is responsible for the oversite, operation, and maintenance of the Composting Facility. The WWTP TCEQ permit currently allows for the processing of yard trimmings,biosolids, and pre-consumer food wastes at the Composting Facility. Post-consumer food waste is not permitted at this time. The City has discussed amending the permit to allow post-consumer food waste but elected not to at this time due to potential odor and vector issues. The WWTP operation includes an anaerobic digester as a function of its treatment process. The digester produces biogas which is used to produce energy for onsite electricity generation. The anaerobic digester currently only processes biosolids but the City is analyzing the potential to accept food waste and the capacity of food waste it could receive. The City recently received a grant from the NCTCOG to pilot a commercial food waste composting program from the historic downtown area. The grant includes the purchase of a piece of equipment called a macerator to prepare the food waste for acceptance in the anaerobic digester at the WWTP. The project will require a collaborative approach to balancing the volumes of food waste collected with the ability for the digesters to handle the additional waste stream. Considerations must be made for additional staffing based on any additional workload demands from this new process. Further discussion on organics processing are discussed in Section 6.0. Figure 4-12 shows images of the Pecan Creek WWTP. City of Denton, Texas 4-18 Burns&McDonnell 515 516 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Figure 4-12: City of Denton Pecan Creek WWTP ' foss S Mayhill 1K, - 4.1.5 C&D Processing Facilities This section provides an overview of regional construction and demolition(C&D)processing facilities in the region including Type IV landfills,processing facilities,and an overview of the City's C&D recovery program. 4.1.5.1 Type IV Landfill Regional Overview A Type IV landfill only accepts brush,construction or demolition waste,and other similar non-household or non-putrescible waste(organic waste that decomposes without causing odors or attracting pests). There are four Type IV Landfills in the NCTCOG region as indicated in Table 4-8. City of Denton, Texas 4-19 Burns&McDonnell 516 517 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Table 4-8: NCTCOG Type IV Landfill Disposal and Remaining Site Lite, FY 2020 Remaining Site Life' Permit Permit Holder/Site Name County 2020 Tons (years) 1749B Lewisville Landfill Denton 10 100 2278 Osttend C&D Waste Landfill/380 McKinney Collin 222,212 24 1983C Fort Worth C&D Landfill2 Tarrant 403,606 11 664 City of Stephenville Landfill Erath 16,290 27 1. Remaining years are calculated based on the annual airspace utilization factors reported to TCEQ for each landfill in pounds per cubic yard. 2. Reflects landfill expansion approved by TCEQ during 2021. 4.1.5.2 Regional C&D Processing Facilities Overview The only mixed C&D materials recovery facility in the region is Champion Waste&Recycling's Town& Country Recycling Facility in Celina,TX,which opened in 2015 as a single-stream construction MRF in North Texas. The facility separates construction material using a combination of processing equipment and sorting labor. Materials recycled throughout the process include cardboard,wood, concrete,metal, plastics,wall board,paper,and aluminum. Figure 4-13 shows the type of equipment and labor required as part of Champion's operation. Figure 4-13: Champion Construction MRF Materials Processing Line I t — r Source:hVs://www.championwaste.com/ Champion staff assists contractors with generating waste diversion reports that qualify towards a project's Leadership in Energy and Environmental Design(LEED) certification. However,without a regulatory obligation to provide recycled C&D tonnage or diversion metrics, Champion does not generate regular reports regarding the diversion of material from projects in the City. City of Denton, Texas 4-20 Burns&McDonnell 517 518 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure In addition to Champion's mixed C&D processing capability,there are a number of material-specific processors throughout the region processing materials such as concrete/aggregate and scrap metal and disposal facilities in the region may manually sort mixed C&D loads to divert high-value materials such as scrap metal. 4.1.5.3 City of Denton Building Material Recovery The City historically optimized C&D diversion efforts by diverting select loads from the landfill to be sorted at the Building Material Recovery(BMR)location which was capable of diverting an average of over 70 percent of the waste from each load. Figure 4-14 shows the BMR location at the Landfill Facility where the grapple loader previously segregated materials for diversion. The City has discontinued the BMR facility due to challenges with the cost-effectiveness of operation.With the discontinuation of the City-operated C&D diversion facility,the City must currently look to the private sector for C&D diversion services. Figure 4-14: Manual Sorting of Building Materials for Recover �4 r rT i 4.1.6 Home Chemical Collection and Other Special Wastes Home chemical collection(HCC)programs can take many forms and may utilize one or more of the program options shown in Table 4-9.Programs may use a number of strategies to increase material recovery, such as adding door-to-door service to increase convenience and provide access to households without reliable transportation. There is increasing interest to provide HCC services through regional partnerships,which can expand access and benefit from economies of scale. City of Denton, Texas 4-21 Burns&McDonnell 518 519 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Table 4-9: Common Home Chemical Collection (HCC) Program Options HCC Program Option Operational Service Frequency Permanent HCC Facility Six days per week Door-to-Door Collection(regular or on-call) Once per month to unlimited Trailer for Mobile Collection Multiple times per week Collection Events One or more times per year For NCTCOG programs that operate a permanent HCC facility,there is a trend to expand the materials accepted as part of the drop-off program to include common hard-to-recycle materials such as plastic film, expanded polystyrene(EPS)foam, electronics,textiles,paint, and batteries. Some of these programs also expand service to neighboring communities through interlocal agreements. This form of partnership is discussed in more detail in Section 10.6.3. 4.1.6.1 City of Denton Home Chemical Collection Services The City provides safe disposal of household hazardous waste through their Home Chemical Collection (HCC) Services. The HCC facility is located at the Denton Landfill and is available by appointment for residents to drop off their materials. The City also offers a curbside collection by appointment. In additional to the collection of household hazardous materials,the City also provide recycling of electronic waste and the safe disposal of prescription and over the counter medications. Televisions,computers,and all other small household electronics and kitchen appliances are accepted for recycling. Table 4-10 provides the annual tonnage of materials collected by material type. Table 4-10:City of Denton Home Chemical Collection and Other Special Waste Tons, 2016-2020 Collection Material FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 Home Chemical Collection 46 60 60 53 57 Drug Kiosk Take Back 1.6 1.3 1.5 1.4 0.7 Electronics Recycling 112 114 113 92 71 4.2 Regional Partnerships Appropriately planning for and developing MSW facilities and infrastructure operations, ownership, and partnerships is critical for successful achievement of the priorities and strategies presented. Facilities, infrastructure,and contractual service relationships allow the City to properly manage and process each MSW material type. City of Denton, Texas 4-22 Burns&McDonnell 519 520 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Based on the current system findings,the City will need to rely on a combination of facilities going forward to meet needs of the community. The key to providing the most appropriate services in a cost- effective manner is for the City to develop and maintain the most beneficial approach for each service need(e.g.,refuse disposal,recycling processing). There are a variety of approaches that the City can consider to address operational needs, as shown in Error! Reference source not found.. Table 4-11: Examples of Public-Private Partnership Options for MSW Operations Privately City-Owned City-Owned Owned and Processing and with Private Operated on Services Responsibility Operated Operations' City Land' Agreement Land Ownership City City City Private Capital City City Private Private Investment Operations City Private Private Private 'True public-private partnership arrangement Public-private partnerships. Public-private partnerships(PPP) can be an effective model to provide needed infrastructure without the full financial risk falling on either the local government or the private business. Effective public-private partnerships exist when both local governments and the private industry collaborate to share resources,capital investment,risk,and revenue. The City's current recycling processing is through a public-private partnership,with Pratt constructing and operating the MRF on land leased from the City. Processing service agreements.An alternative approach is to secure material processing capacity through a processing service agreement(PSA). Under a PSA,the City contracts with a private recycling company that owns and operates a facility at a location owned or leased by the company. Local governments that do not directly provide municipal collection may procure MRF processing services though contracted hauler(s). There are advantages and disadvantages to the different types of arrangements and which entity takes ownership of the land,capital investment,and operations. While the processing services agreement is the most common option in Texas,public-private partnerships such as the City's agreement with Pratt are gaining more appeal as a means to share risk given recent market volatility. Table 4-12 summarizes the potential advantages and disadvantages for local governments of different ownership of the land,capital investment, and operations. City of Denton, Texas 4-23 Burns&McDonnell 520 521 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Table 4-12: Advantages and Disadvantages of Approaches to Finance and Operate Processing Facilities Approach Advantages Disadvantages Local • Flexibility with public-private partnership structures. • Increased level of effort. Government • Local government may already own land. • Higher risk to the local government. as • Potential to co-locate with existing Landowner permitted facility with infrastructure(e.g.,scale house). Land • Can retain facility for long-term period. Ownership • High control of facility and overall site(e.g. potential future expansion). Private as • Lower level of effort for local government. • No local government involvement. Landowner • Lower risk to the local government. • Local government will not retain facility in the long term. • Low control of facility and site. Local • Municipal cost of capital is lower. • Large capital outlay for local government. Government • Local government may not have to earn a return on capital • Potentially longer project schedule. MRF investment. • Higher risk to community. Investment • Potentially longer depreciation period. • Potential for limited control over equipment maintenance and upkeep Capital • High local control of facility and overall site. depending on PPP arrangements. Investment Private MRF • No capital outlay required by local government. • Higher cost of capital. Investment • Potential for some cost and/or schedule savings due to private-led •Compressed depreciation period to match contract term. procurement processes. • Private company must earn a return on capital investment. • Lower risk to local government. • Lower local control over facility and site. • Possible quicker adoption of new technology. Local • Local government receives 100% of revenue. • Local government may have limited recycling processing experience. Government • Local control over operations. •Community would have sole responsibility for sourcing material. as • Local government may have limited in materials marketing capabilities& Processor experience. • Hiring and other aspects of facility staffing may be constrained by public Operations hiring and Human Resources processes. Private • Private company experience with recycling processing. • Local government must manage contractor and provide oversight. Company • Local government and private company work together to source • Local government likely to incur processing fee and must share revenue. material. • Limited local control over operations. as . Potential to market a large volume of material from multiple facilities to Processor achieve economies of scale. • Sophisticated materials marketing (e.g., hedging, derivatives). Adapted from the 2020 Guide to Community MRF Contracts.More information is available at:httl2s://rec c�linf4partnership.ore/mrf-contracts/ City of Denton, Texas 24 Burns &McDonnell 521 522 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure In Texas,many cities provide MSW services either with City resources or through a single private hauler contracted to provide those services.A small number of cities have an open market system in which several private haulers are permitted to operate within the city;however, open market systems are much more common for commercial,rather than residential, services. Generally, cities of smaller size in Texas may choose to contract for MSW services,likely due to limited resources available for operation of a municipal system. Among some smaller cities and many cities with higher populations,there is a split between those that have municipally and privately provided services. This approach is consistent with cities of comparable size in Texas. Table 4-13 shows Denton and the top 10 largest cities in Texas and how solid waste collection,processing and disposal are managed. Table 4-13: Comparison Matrix of Denton and Largest 10 Texas Cities Service Provision' Residential Collection Recycling Landfill Transfer Station City Population Refuse Recycling Brush & Processing Ownership Operations Ownership Operations Bulk Denton 147,515 M M M PPP M M N/A N/A Houston 2,310,000 M M M P P P M P San 1,508,000 M M M P P P M P Antonio Dallas 1,331,000 M M M PPP M M M M Austin 950,807 M M M P P P N/A N/A Fort Worth 874,401 P P P P M P N/A N/A El Paso 679,813 M M M P M M N/A N/A Arlington 395,477 P P P P M P N/A N/A Corpus 325,780 M M M P M P M M Christi Plano 287,064 M M M P M M M M 1. M=Municipalized,P= Private,PPP=Public-Private Partnership,N/A=Not Applicable Other regional partnerships. In addition to the PPP options for the development of facilities,there are opportunities for the City to partner with other municipalities in the region to expand material processing capacity or expand services to underserved surrounding communities(e.g.,regionalization of HCC services). There are multiple ways in which local governments can successfully partner, including: • Special law districts. The Texas Legislature can establish special law districts with solid waste management authority to handle all aspects of solid waste management within the district's boundaries(e.g., collection,processing, disposal,recycling,composting). Special law districts can include multiple counties and municipalities, and do not need to be geographically contiguous.An advantage of special law districts is that boundaries, structure,purpose, and authority can all be specifically tailored legislatively. Disadvantages of special law districts City of Denton, Texas 4-25 Burns&McDonnell 522 523 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure include the time and expense involved in establishing such districts, and the political risks. For example,voter disapproval of a regional solid waste authority could substantially delay or derail efforts to develop and implement a long-term solid waste strategy for the region. The North Texas Municipal Water District(NTMWD) is a legislatively created special law district responsible for solid waste management activities in the Cities of Allen,Frisco, McKinney,Plano and Richardson, and Collin County.The NTMWD manages and operates three transfer stations,four citizen convenience drop-off centers, and the 121 Regional Disposal Facility landfill. • Interlocal cooperation agreements or joint-use ownership. Interlocal agreements are contracts that can be used by local government entities to perform or provide government services including to establish solid waste agencies or authorities. The creation of a solid waste agency through interlocal agreement is more flexible than legislatively developed special law districts, as details such as the structure and management of the agency are determined by the contract itself, however,these agencies may lack powers typically associated with special law districts such as the ability to issue bonds or levy taxes. The Texoma Area Solid Waste Authority(TASWA)was created from a cooperative agreement between Cities of Gainesville,Denison, and Sherman and Grayson and Cooke Counties to provide a solid waste disposal facility(and a recycling facility until 2009). Interlocal agreements are also commonly used to provide a specific solid waste service(e.g., an interlocal agreement to allow county residents to participate in a city's HCC program). For example,Dallas County facilitates a regional HHW program for 16 member cities through its interlocal agreement,with each member city paying a portion of the program's disposal, operations, and capital costs. 4.3 Land Use and Growth The City recently completed the Denton Plan 2030,which explored land use and planned growth options. Through the stakeholder engagement process,the Denton community indicated a high-level of community preference toward the Compact Growth Scenario(Figure 4-15),which reflects a shift toward high-density multifamily and mixed-use growth in specific areas throughout the City. City of Denton, Texas 4-26 Burns&McDonnell 523 524 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Figure 4-15: Compact Growth Scenario (Preferred Scenario from Denton Plan 2030) Q City of Denton Non-annexation Agreement Area ,Ai Existing Development Highway Major Road -- Railroad --- Planned Road ._G :n o- 06. D , 4h in • m 0 rr v' W- TIMn Source:Denton Plan 2030(Figure 1.6) This desired growth pattern is consistent with shifts toward more multifamily and condensed development among many cities in the North Central Texas region to reduce development sprawl and create more environmentally and socially conscious housing. Increases in compact mixed-use development and multi- family high density can cause challenges for solid waste collection activities. If zoning requirements and design codes do not account for the needs of collection vehicles or equipment, it can create challenging collection environments such as private drives, small alleyways,dead-ends,hammerhead turn-arounds, and dangerous backing situations. Continued collaboration between the City's Solid Waste&Recycling and Development Services departments is important to anticipate and account for collection services. 4.3.1 Current and Projected Growth in the City of Denton Figure 4-16 illustrates the location of the City's disposal,recycling, organics, and HCC facilities in relation to the City's population. Currently,the City's collection program landfill refuse,recycling, and City of Denton, Texas 4-27 Burns&McDonnell 524 525 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure organics collection vehicles in the City haul material directly to one of these facilities(referred to as "direct haul"). Figure 4-17 shows the projected 2040 city population distribution based on projections developed by NCTCOG. Based on these estimates,population growth through 2040 is anticipated in multiple areas of the City with the largest increases currently projected in the south and southeast,with especially high growth anticipated as a result of large master planned communities(MPC)in southwest Denton. The current and anticipated areas of highest population within the City are shown in Figure 4-18, further illustrating the significant anticipated growth in the southern Denton as well as adjacent areas just outside the city limits. City of Denton, Texas 4-28 Burns&McDonnell 525 526 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Figure 4-16: Denton Population Distribution in Relation to City Solid Waste Facilities Bolivar �e Aubrey da J0 T-1 a Denton Z pW+C 'In Pon( 1 — / ® Home Chemical Collection Center C ��1 — � � Denton Landfill J I Pratt MRF U Shady Shores Dyno Dirt Compostinq Facilities 0 q Q Denton City Limits Corinth 2017 Census Population u- 13r 00--2 2000 21N10-4000 i�4(X)O-60110 _61X10-9000 0 0.75 1.5 3 Miles I�i�l�i i l City of Denton, Texas 4-29 Burns&McDonnell 526 527 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Figure 4-17: Projected City of Denton 2040 Population in Relation to City Solid Waste Facilities �—i ter Aare CR 610 CIO M." 0 Denton O Pon �/ r] is 0 fr�� O Home Chemical Collection Center • Denton Landfill P Pratt MRF !-1 Or— Dyno Dirt Composting Facility / u Q Denton City Limits T `cor ntn 2040 NCTCOG Traffic Zone Population i( _.0-1300 aJ 1301-2000-4 J 2001 000 -4001-6000 -6001-40000 7 � 0 0.75 1.5 3 Miles I t t t l t t t l City of Denton, Texas 4-30 Burns&McDonnell 527 528 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Figure 4- 8: Population Areas Greater Than G,OOO Persons in City ofDenton Sanger Aubrey CR 1-7� 610 Krum oberts reenbelt Denton Denton r-3 Carter Home Chemical Collection Center Denton Landfill City of Denton, Texas 4-31 Burns &McDonnell 528 529 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Strategy to Plan for Future Growth and Infrastructure(see Sections 8.0 and 11.4). City of Denton, Texas 4-32 Burns&McDonnell 529 530 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Figure 4-19 communicates the planned residential growth in the City in relation to the City's solid waste facilities, developed based on known active and planned subdivisions. Planned residential growth throughout the City includes: • Horizontal in-fill development along the north Loop 288 corridor.A majority of the communities being developed are along 288 north of University Drive. The growth in this area includes horizonal infill development,where remaining vacant or partially vacant areas within the Loop 299 corridor are being developed into single family and/or multi-family residential neighborhoods. • Large master-planned community(MPC) development in the rural southwest. While a relatively smaller number of communities are being developed in the southwestern part of the City,these communities represent the vast majority of planned new single family and multi- family residential lots. Two MPCs (Hunter Ranch and Cole Ranch)are planned for undeveloped ranchland,which will significantly increase the number of new solid waste(i.e., 15,717 single family lots, 5,090 multifamily units, and 424 acres for commercial development)at full buildout (2062)42 As the City continues to grow, it is important to consider whether direct haul of materials continues to be the most efficient approach, or whether there is benefit to the City utilizing a transfer station to aggregate material into larger transfer trailers for more efficient transportation(referred to as"long haul"). The financial feasibility of a transfer station and whether material should be direct-hauled or long-hauled is dependent on a number of factors,including distance/travel time to the landfill(or other facility). Based on anticipated direct-haul routes for known developments,the furthest development along the north Loop 288 corridor is the Brentwood Place subdivision,with an estimated direct-haul route of 9.21 miles. For the Hunter-Cole MPCs,the estimated direct-haul route along existing roadways(via I-35) is 12.42 miles. Long term,however,the further direct-haul route for these solid waste customers will likely be along the proposed portion of Loop 288, a 20.49 mile direct-haul route. An evaluation of the appropriateness and feasibility of transfer stations as a part of the City's long-term waste management strategy is further evaluated as part of the Strategy to Plan for Future Growth and Infrastructure(see Sections 8.0 and 11.4). 42 Based on"Hunter/Cole Ranch Development Projections"presented to Denton City Council(Dec 21,2018). Presentation available online at:https:Hlfpubweb.cityofdenton.com/PublicWeblink/4/edoc/15898/2018- 190%20Cole%20and%20Hunter%20Ranch%20Master-Planned%20Communities.pdf City of Denton, Texas 4-33 Burns&McDonnell 530 531 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Figure 4-19: New Residential Communities and Number of Platted Lots in Relation to City Solid Waste Facilities 455 l 1 B Sanger f Home Chemical Collection Center i Denton Landfill a Gree e Pratt MRF � 2164 I2937 Aubrey Dyno Dirt Composting Facility � Residential Short Term Lots • 10 73 242 141 - - - - �� • 50 I<rGm —132 1 0 191 203� y arts �. • 100 5$ 142 a e reerlb�lt ....... • 500 / 100 /•107 54 � ............................ 380 / 186 �/I� 1 ..... \ I / 45 .. 000 'o Denton Brentwood Place—9.21 Miles•; \ Hunter-Cole Lots 1 • r Boo lots(2025) ! Denton K1 o • 800 r 12,878 lots(2040) a der 1 .. ......... ..:[::. t 12,878 t 140 105 168 if \ 137 i 3h�dy hores 1172 J{ h. 20,807 Hunter-We via I-35W—12.42 Miles99 r 167 , 20,807lots(2062) ::: ;. _ � —Loop 288(Proposed) With a population of 64,000+ '. .'. .' ' "':� Lake � en lace Route . ...... . S ewlsvllle ............... . ...................._... . . ......... ............. -Cole Route via 1-35WOHunter r I1Q (=Hun[er-Cole Route via Loop 288(Proposed) a::::: 2040 Trafic Zones With a Population>6000 \ -- Highland i YYY '� ^ Village / ®2017 Census Tracts With a Population>6000 Denton City Limits ........ ........... ... :. : 10 Mile Facility Buffer c 5 Mile Facility Buffer Lewisville N 0 1 2 4 Miles lower Mound A I I I I I l l l l : I City of Denton, Texas 4-34 Burns &McDonnell 531 532 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure 4.3.2 Projected Growth in Surrounding Communities As shown in Figure 4-20, in addition to population increases within the City limits,NCTCOG anticipates significant growth in neighboring communities within Denton County. While these areas are not serviced by the City's solid waste collection program,materials from these communities are reflected in put-or-pay contracts at the Denton Landfill and could potentially be diverted through other partnerships. Growth in the surrounding communities and its potential impact on the City's programs are considered in Sections 11.0 and 12.0 as part of the following: • Strategy to Efficiently Use Landfill Capacity • Strategy to Plan for Future Growth and Infrastructure • Strategy to Optimize Recycling Processing • Strategy to Support New Markets and Leverage Partnerships City of Denton, Texas 4-35 Burns&McDonnell 532 533 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure Figure 4-20: Population Change Through 2040 for City of Denton and Surrounding Communities h �r — I 3er I I I I I L I � _ I I Denton Landfill I a Pratt MRF � a dig Dyno Dirt Composting Facility �^► Home Chemical Collection Center c �i : lltie Eln, L720 Fglsc.. 0 Home Chemical collection center Denton Landfill I A� � Pratt MRF ,Cant.-3na Dyno Dirt Composting Facility H �h18 d r j 5 Mile Facility Buffer a Q Denton City Limits Counties I 2040 NCTCOG Traffic Zone Population le U 0-1300 L_'•"' 1301-2000 Flower Moon ®2001-4000 4001-6000 -6001-40000 I ---- .0:3 �. ;-i;.:� N 0 1.25 2.5 5 Miles Tug= T I I I I I I r'ppell t-� City of Denton, Texas 4-36 Burns&McDonnell 533 534 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure 4.4 Current System Findings The following presents findings regarding key components of facilities in the City's current solid waste management system. Landfills. With the recently approved landfill expansion,the City currently has sufficient capacity through at least 2057 and potentially through 2077.As other landfills in the NCTCOG region reach capacity and close, existing disposal capacity will become an increasingly valuable resource. Demand will likely increase at the Denton Landfill from third-party haulers and other cities in the region, providing the opportunity for the City to support surrounding communities with necessary disposal capacity while incentivizing or partnering on recycling and diversion programs. For example,the put-or- pay contract language and rate structure could reflect pricing based on whether the outside city or county has diversion methods in place. Other landfill policies, such as material bans(e.g.,yard waste)or surcharges, could also be considered to further preserve airspace in the long-term and help drive regional diversion effort so long as these policies account appropriately for existing competition and pricing. Tactics to efficiently utilize landfill capacity for both financial and environmental benefit are evaluated in more detail as part of the Strategy to Efficiently Use Landfill Capacity(see Sections 7.0 and 11.3). Material recovery facilities. The current agreement with Pratt Industries has been sufficient to meet the City's recycling processing needs;however,there are opportunities the City can explore to increase the effectiveness of recycling processing such as through improved MRF operational efficiencies. Given the limited recycling processing capacity in Denton and Collin Counties and anticipated growth in the region, it is important for the City to plan appropriately for any efforts to increase recycling to identify options for new capacity and/or facilities. Options to consider for developing additional recycling processing capacity include accepting responsibility for the processing of recycling materials either solely or through partnerships with other cities in the area(e.g.,McKinney,Plano). Tactics to address recycling processing needs and regional opportunity are evaluated in more detail as part of the Strategy to Optimize Recycling Processing(see Sections 9.0 and 11.5). Transfer stations. Currently,material collected by the City is direct hauled to the Denton Landfill or Pratt MRF. As the City and surrounding area continues to grow,there may be a need to develop one or more transfer stations to efficiently manage waste and traffic. The locations of anticipated growth within the City and surrounding Denton County in relationship to the Denton Landfill are discussed in Section 4.3. Tactics to develop infrastructure such as transfer station(s)to support future growth and regional City of Denton, Texas 4-37 Burns & McDonnell 534 535 Comprehensive Solid Waste Management Strategy Facilities and Infrastructure opportunity are evaluated in more detail as part of the Strategy to Plan for Future Growth and Infrastructure(see Sections 8.0 and 11.4). Organics processing facilities. The composting facility operated by the City is sufficient for the current processing needs of the City. As the City looks to expand organics diversion, existing anerobic digestion infrastructure at the Pecan Creek WWTP provides the potential opportunity to sustainably manage food waste for the production of renewable energy. Tactics to increase organics diversion through established and novel pathways are evaluated in more detail as part of Strategy to Implement Innovative Organics Management(see Sections 6.0 and 11.2). C&D processing facilities.With the discontinuation of the City-operated C&D diversion facility,the City must currently look to the private sector for C&D diversion services. The proximity of the Champion mixed C&D recycling facility provides opportunity to divert the potentially large quantities of C&D material generated as a result of the City's growth over the 2040 planning horizon. Since this processing capacity exists,there is the opportunity for the City to drive recycling of this material through various partnerships, incentives and/or policy mechanisms. Tactics to support and grow C&D recycling markets and partnerships are evaluated in more detail as part of the Strategy to Support New Markets and Leverage Partnerships(see Sections 10.0 and 11.6). Home chemical collection. The City's HCC program is well-established. There is an opportunity for regionalization to provide access to surrounding communities for a user fee. Prior evaluation performed in 2018 documented a high level of interest and need in many of the surrounding communities. This could be approached similar to other NCTCOG communities,where interlocal agreements are used to set the terms and fees associated with residents outside the City of Denton accessing the HCC. Interlocal agreements and other options for inter-governmental cooperation are discussed in Section 4.2. Tactics to increase HCC material diversion through regional partnerships are evaluated in more detail as part of the Strategy to Support New Markets and Leverage Partnerships(see Sections 10.0 and 11.6). City of Denton, Texas 4-38 Burns & McDonnell 535 536 Comprehensive Solid Waste Management Strategy Public Education, Outreach and Compliance 5.0 PUBLIC EDUCATION, OUTREACH AND COMPLIANCE Providing effective public education and outreach to residential and commercial customers is critical for the ongoing and future success of the City's solid waste and recycling programs. Guidance and support from the City can shape proper participation and positive program engagement experiences for customers, which increases customer satisfaction and enables progress toward the City's goals. This section includes a description of the components of a successful education, outreach and compliance program, an evaluation of the City's programs among these components, case studies highlighting key considerations, current system findings, and recommendations. Tactics to implement the Strategy to Enhance Education, Outreach and Compliance were developed based on the evaluation, case studies, and findings presented in this section as well as the outcomes of workshop discussions with City staff. Section 5.0 presents the Strategy to Enhance Education, Outreach and Compliance in more detail. Section 12.0 provides the implementation plan. 5.1 Education, Outreach and Compliance Evaluation This section provides a detailed description of key components of a successful education,outreach and compliance program then compares the City's current efforts to those key components to evaluate the programs and support further discussion about components of the program that should be kept, added, or changed. 5.1.1 Components of a Successful Education, Outreach and Compliance Program Burns&McDonnell has developed the key components of a robust solid waste and recycling education, outreach and compliance program as follows,with brief descriptions. • Establish program goals. This is a critical first step for any successful education, outreach and compliance program that dictates how the program will be evaluated over time and the intended outcomes of the program. Specific quantitative metrics,programmatic improvements,and definitions of success should be determined to ensure that targeted action is taken to work toward the established program goals. • Determine financial commitment.Determining the ability to support the program financially will ultimately dictate the long-term success of any education,outreach and compliance program. Target annual costs,dedicated staffing, and funding sources should be established before content is generated and distributed to ensure that a sustained effort is possible. City of Denton, Texas 5-1 Burns & McDonnell 536 537 Comprehensive Solid Waste Management Strategy Public Education, Outreach and Compliance • Identify target audience(s).Depending on the program goals and financial commitment,the next component of a successful education,outreach and compliance program is identifying the target audiences.Audiences may include broader categories of customers including residential customers,multi-family,and commercial customers or focus on more targeted audiences such as specific housing types, collection routes,businesses, or home-owner associations. • Develop messaging content. Generally,there are two types of communication that are deployed as part of education, outreach and compliance programs: specific program information(e.g., dates of service,acceptable materials, set out instructions) and general environmental services information(e.g.,why recycling is beneficial, impacts of contamination). The messaging content should be determined based on data-driven analysis and crafted with simple and easily understood language and graphics to communicate information in a succinct and effective manner. • Content distribution and public outreach. The distribution channels of content as part of any successful education, outreach and compliance program should be based on the target audience and the type of content. The most effective approach to reaching the target audience and impacting behavior change is distribute the content where the audience already consumes information. This may require many diverse forms of content distribution, including traditional bill stuffers,traditional advertising(e.g.,billboards,bus stops,radio advertising),in-person meetings or events, social media platforms(e.g.,Facebook, Instagram,NextDoor) or other publications such as newsletters or other local print media. • Evaluate program effectiveness. This is a critical step to having a successful long-term program that is able to maintain consistent messaging to the target audience over a sustained duration of time,even as members of the selected target audience change. Evaluation of program effectiveness may include activities such as tracking data(e.g.,program costs over time, engagement from target audience), establishing a meaningful feedback loop, and consistently evaluating progress toward goals. • Deploy compliance.Holding material generators accountable is a component of having a successful long-term education, outreach and compliance program. Compliance activities may include cart tagging, skipping service or removing carts from consistently bad actors, implementing service fees,and/or otherwise enforcing local regulations or ordinances. • Regional collaboration.Approaching solid waste and recycling from a regional perspective is the final component of having a successful long-term education, outreach and compliance program. Regional collaboration activities include coordinating with other municipalities on the consistency of messaging,timing of content deployment and channel(s) of distribution. The North City of Denton, Texas 5-2 Burns & McDonnell 537 538 Comprehensive Solid Waste Management Strategy Public Education, Outreach and Compliance Central Texas Council of Governments (NCTCOG)has developed and deployed a regional education campaign intended to support regional collaboration among communities in North Central Texas, and is described in further detail as part of Section 5.2. 5.1.2 Overview the City's Education, Outreach and Compliance Efforts The City uses a variety of programs and services to provide public education, outreach and compliance. This section provides a detailed summary of activities as part of the City's program organized by the components of a successful education, outreach and compliance program as described in the previous section. Establish program goals The City has anecdotal goals for its education, outreach and compliance program to increase the amount of material diverted from the Landfill and reduce the amount of contamination in the recycling stream. Determine financial commitment The City has several funding sources that support its education, outreach and compliance program including the Solid Waste Enterprise Fund, annual budget transfers for multi-departmental efforts, and a public education fee of$0.80 per ton provided to the City by Pratt. The education, outreach and compliance budget is approximately$308,000, including salaries. The City's staffing level include two coordinator positions with SWR and the Business Account Coordinator that oversees two internship positions. Code compliance has six to seven FTEs that spend about 10 percent of their time managing solid waste and recycling violations on an as-needed basis when a set out is placed incorrectly,material is left in areas it should not be, increased volumes of litter or any other code violation as it relates to solid waste and recycling. Resources from the Public Affairs office also support solid waste and recycling by providing assistance with large campaign efforts and communicating feedback from customers to inform the development of education, outreach and compliance efforts. Identify target audience(s) The City focuses its education, outreach and compliance program on three target audiences: residents, commercial establishments, and local institutions. The City's education, outreach and compliance coordinators and intern staff target residential customers along routes that have consistently high contamination and engage with Homeowner Associations(HOAs) and multi-family tenants to encourage recycling and minimizing contamination. City of Denton, Texas 5-3 Burns & McDonnell 538 539 Comprehensive Solid Waste Management Strategy Public Education, Outreach and Compliance The City also engages with commercial establishments that are serviced by the City and local institutions such as Denton Independent School District(DISD)and universities including University of North Texas (UNT) and Texas Women's University(TWU). Develop messaging content The City develops messaging content that includes both service information and general environmental information. Service information includes alerts about holidays,potential service disruption, set out requirements and other supporting information for customers.Figure 5-1 shows an example of messaging content that communicates service information. Figure 5-1: Example of Messaging Communicating Service Information Of D4 ,D2 oo �z PLACE CARTS 457E g RED • By 7 a.m. on collection day, but no earlier than 6 p.m. the night before. • 6 ft between other objects. • Wheels against the curb. ■ 6'ft 6 tt Q full General environmental information includes facts about the benefits of recycling,tips to encourage source reduction and other facts and figures that would encourage customers to participate in the recycling program and otherwise support the City's goals. Figure 5-2 shows an example of messaging content that communicates general environmental information. City of Denton, Texas 5-4 Burns & McDonnell 539 540 Comprehensive Solid Waste Management Strategy Public Education, Outreach and Compliance Figure 5-2: Example of Messaging Communicating General Environmental Information f6RIINK REFUSE 1 l � � OF D%, 4iff 2 o �� z REFURBISH �.o ` �'�� REUSE - RECYCLE o A,Bel AM—, Typical topics contained in the City's messaging include,but are not limited to: 40 Set out requirements(e.g.,when carts should be set out, distance between carts, set out limits) 40 Seasonal programs (e.g.,leaf collection,pumpkin composting) • Minimizing recycling contamination(e.g.,correct and incorrect materials) • Re-use opportunities(e.g.,non-recyclable easter eggs) • HCC information To develop the content there is multi-departmental coordination between the Public Affairs outreach group and SWR. The two groups determine the content for the following month by discussing the top contaminants that have been reported by Pratt,other relevant information based on customer engagement with the Waste Wizard, and/or questions submitted to the City.Public Affairs also supports education, outreach and compliance efforts by providing graphic design resources and formatting content to push through the City's general channels when key messaging is intended for a wider audience or demands a higher level of attention such as milestone campaign efforts or service changes.Additionally,messaging content is developed in both English and Spanish to meet the needs of residents. Messaging distribution and public outreach The City distributes messaging and engages with its target audience through a diverse set of channels and communication mechanisms. The following lists the distribution channels,with brief descriptions: City of Denton, Texas 5-5 Burns & McDonnell 540 541 Comprehensive Solid Waste Management Strategy Public Education, Outreach and Compliance • Website.Provides program and service information about solid waste and Figure 5-3: Waste Wizard @% O recycling including the Waste Wizard application. Users perform about 3,000 CARDBOARD CAN Waste Wizard searches per month, and users can type in the name of a product or packaging type to receive information about how to recycle it(Figure 5-3). As described above,the Waste Wizard is used .� to provide information to customers as well as inform the development of content BEST OPTION Recycling Collection based on the type and frequency of Du[this item in your blue recycling cart or recycling dumps[er.Please queries. make sure Items are empty,clean.dry,and loose(no plastic bags). Please set out your blue recycling cart curbside by 7:00 am on collection • Social media. The City leverages several day. social media platforms including NextDoor,Facebook,Instagram and Twitter. Each platform has a different userbase and the content that is pushed out through each one is tailored to the type of audience that engages with the content.For example,NextDoor is very useful for providing service information to the residential community,Facebook can be used to host events and engage businesses, and Instagram is more conducive to posting easily digestible facts and figures. Messaging pushed out through social media platforms is geographically targeted(e.g.,the City pays for increased circulation of the content to users in designated locations)twice per week to areas of the City with high recycling contamination. • In-person site visits,presentations and virtual events. The City's education, outreach and compliance coordinators provide tours of the City's Solid Waste Facility to educate groups about material management. Coordinators also visit schools,HOAs, and other environmental groups to provide presentations about the City's programs and initiatives and collaborate to improve the City's material management. When visiting with schools,the coordinators focus on working with school administration and janitorial staff, as these are the key stakeholders who can implement changes to improve the quality of recycling generated.Additionally,when in-person site visits or presentation are not possible (e.g., due to COVID restrictions)the City has hosted Facebook Live events to provide education and outreach virtually. City of Denton, Texas 5-6 Burns & McDonnell 541 542 Comprehensive Solid Waste Management Strategy Public Education, Outreach and Compliance 40 Direct outreach.As needed,the Figure 5-4: Brochure Mailer City will provide direct .� KNOW YOUR COLLECTION DAY outreach to customers during — big campaign efforts or when - 1 service changes are being implemented. Direct outreach °`o`"o includes making phone calls to •., g HOLIDAY SCHEDULE 6 customers,including solid nwre10" .na„GMY.YIt6 CITY OFDENTON SOLID WASTE&RECYCLING .]ON VMrMOaI a[IweNlY 11!R[.E an]a,=eb0 VM4 rllfY eNaNO enr 0!1 waste and recycling information SERVICES GUIDE •Hel r.=e0 YmW WPI OglAO NIl a„ � i Read more inside. •nor ls.N10 mn4v nnr.I•n1a0 i in the City's Citizen Connection g -- newsletter,developing and STAY CONNECTED f 2 g d �iCl[W[DentonRecxles ��j g R � -, sending direct mail to residents _Do Wad tV Engage DWo app e $ `'CWomer SB iCC(440)349-870D _ - - (Figure 5-4), distributing annual ® �w.6ent0n.e y escon L Van-tenet Inte-66n"espaW,Name calendars, and generating flyers �`°)"that are included with monthly utility bills(e.g.,bill stuffers). • Traditional media and advertising. The City distributes content through traditional media including press releases,radio spots,airtime on Denton TV(DTV), and local print media(e.g., community impact). Evaluate program effectiveness The City evaluates program effectiveness by communicating with Pratt regarding levels of contamination, analyzing data collected through social media platforms (e.g., engagements, impressions) and the Waste Wizard application that indicated if the community is receiving information and through questions and comments about solid waste and recycling that are provided by the community. The feedback from Waste Wizard is used as both an internal and external feedback mechanism where the City can identify which materials are causing most confusion based on the questions that are asked and can promote information that is most impactful to communicate to the community. Deploy compliance The City has a"Lift the Lid"recycling set out program where interns go into the field utilizing tablets to evaluate residential recycling set outs,targeting residential routes with high contamination(contamination data provided by Pratt).If individual set outs are above 15 percent contamination,an"oops"tag is affixed to the set out indicating what was wrong with the set out. These set outs are not serviced that week,and a follow-up check is conducted the following week. City of Denton, Texas 5-7 Burns & McDonnell 542 543 Comprehensive Solid Waste Management Strategy Public Education, Outreach and Compliance When commercial set outs are contaminated,the City will dispose of the material and charge the customer a$75.00 empty charge. Typically,recycling customers do not pay a processing fee.While the City may conduct an intervention to ensure that contamination does not continue,there are not additional fines associated with contaminated commercial containers. Regional collaboration The City integrates the NCTCOG's"Know What to Throw"campaign content into its own messaging in an effort to present a consistent message to audiences that may consume information in Denton but reside or work elsewhere in the region.Figure 5-5 shows messaging from the City that incorporates the look and feel of the"Know What to Throw"campaign, including the cart mascot. Figure 5-5: Example of Regionally Collaborative Messaging Do KNOW WHAT TO THROW? -= A OF pFNTo2 Batteries,of any kind,are NOT ~� accepted in your curbside recycling �`�W cart. *4STE&VL CAC mf Rex's Recommendations:Batteries can be dropped off at the Home Chemical Collection facility,located at15275.Mayhill Rd.,Building#300. 5.1.3 Evaluation of the City's Education, Outreach and Compliance Efforts This section evaluates the City's current efforts against the components of a successful education, outreach and compliance program. Table 5-1 provides an evaluation matrix indicating the strengths, weaknesses, and opportunities associated with each of the program components of the City's current system. City of Denton, Texas 5-8 Burns & McDonnell 543 544 Comprehensive Solid Waste Management Strategy Public Education, Outreach and Compliance Table 5-1: Evaluation Matrix of City's Education, Outreach and Compliance Efforts Program Component Strengths Weaknesses Opportunities City can set quantitative goals and track ongoing progress Establish program goals City has a clear high-level goal for the program to increase City does not report progress toward goals on recurring toward them including recycling/diversion rate, contamination diversion and decrease recycling contamination. interim basis. Success metrics are not clearly defined. rate, capture rate,pounds per household disposal rate, and community engagement with distributed content. City's education and outreach financial assistance received City's current program is adequately funded and has the from Pratt(currently$0.80 per ton received at the MRF)may City can establish program needs and financial commitment in Determine Financial not be sufficient to support future program needs. conjunction with more granular goals and target metrics. Commitment capability to leverage multi-departmental coordination and Additionally,this per ton rate is lower than peer Cities in the Further discussion of anticipated programmatic needs for support. region. Further discussion of education and outreach financial education and outreach are provided in Section 11.1. assistance is provided in Section 11.1. City identifies general target audiences and distributes City's general target audiences are not segmented by groups City can identify where target audiences overlap to capture Identif target audiences messaging designed for their consumption, including in both (e.g.,age, gender,demographics) and no further specificity synergies between them e. middle-aged men that are both y g O g g an p g has been established(e.g., specific business types, City ( g'' g English and Spanish. es of residents). residential customers and commercial customers) departments, City can incorporate best practices for developing content, which include establishing messaging that supports the needs of the City's recycling processor, collection operation,and residents, so all audiences consume messages that are City has multi-departmental collaboration and timely content City struggles to determine which content is causing intended consistent,predictable,visually appealing and easy to Develop messaging content creation,using feedback from the community to influence behavior change, and if behavior changes are having the understand. Additional topics that could be considered include messaging content. intended impact on program performance. information about MRF operations, labor demands,impacts of City growth on recycling,minimizing litter or other information that is not specific to individual recycling materials but successfully engages audiences and educates them to best support the City's programs. City has access to a diverse selection of distribution channels Multi-departmental efforts may overlap at times and it may be including multi-departmental effort to push out content. City worth considering the benefits of consolidating resources to Messaging distribution and Multiple City departments pushing out content may cause support education, outreach and compliance more public outreach leverages social media to reach a more target audience. confusion during program evaluation. comprehensively as City continues to grow. However,there Service-related content increases engagement with are challenges associated with this approach further described general/environmental content and vice versa. in Section 5.2.5. City has limited regular tracking of some key success metrics City can track key performance metric data(e.g.,program City tracks and leverages data from social media and Waste including cost-effectiveness,waste reduction achieved, or costs over time, engagement from target audience, levels of Evaluate program effectiveness Wizard to inform content development. contamination reduction that may cause challenges gauging contamination)to establish a more impactful feedback loop and more consistently evaluate progress toward interim program success. milestones/goals. City has established the"Lift the Lid"program with in-field City can scale up the"Lift the Lid"program to target technology(e.g. tablets) and is able to track which set outs When the City follows up for second audit following an additional areas with high contamination. Also,removing the have been audited. City provides education at the point of "oops"tag,there is often no set out at that location. Also,there recycling cart for repeat high contamination residential set Deploy compliance generation with"oops"tags. City also audits contaminated is no penalty/incentive to minimize multi-family or outs and implementing a penalty may result in positive commercial and multifamily containers and provides commercial recycling contamination. behavior change. Similarly,implementing financial penalties for contaminated commercial set outs may result in positive intervention. behavior change. City has generally reviewed regional campaign content and City can collaborate more closely with the NCTCOG regional Regional Collaboration uses it as one of several factors in developing messaging, City engages in limited regional collaboration to develop campaign to coordinate timing and content of messaging with aligning its content to be consistent with the information messaging consistent with peer municipalities. peer municipalities and drive further engagement in its distributed on a regional basis. distributed material by amplifying unified messaging. City of Denton, Texas 5-9 Burns & McDonnell 544 545 Comprehensive Solid Waste Management Strategy Public Education, Outreach and Compliance 5.2 Case Studies This section provides overviews of practices that have been incorporated by municipalities in the region for the City's consideration and to inform the key findings and recommendations that follow. The case studies are presented by topic and organized as follows: • Regional education and outreach campaign • Cart auditing programs • Compliance incentive policies • Commercial recycling support • Strategically allocate resources 5.2.1 Regional Education and Outreach Campaign The NCTCOG regional"Know What to Throw"Campaign is highlighted to provide information and context about how the City can continue to actively participate in the regional campaign and incorporate its overall approach to campaign development as the City seeks to advance its education, outreach and compliance programs. The NCTCOG developed and deployed the"Know What to Throw"campaign in June 2019.NCTCOG worked with Burns&McDonnell and The Recycling Partnership to host a series of surveys, focus groups with stakeholders of the recycling value chain and data analysis to develop clear goals for the campaign including increasing quantities of recycling generated in the region,reducing contamination in the recycling stream and taking steps to proactively minimize the cost of recycling processing in the region. The campaign's target audience included residents that lived,worked and played in the North Central Texas region and to increase collaboration among municipalities, streamline messaging and minimize confusion for residents that may live in a different municipality than they work. Messaging content was developed based on the results of a regional waste characterization, focus groups, and individual interviews with the Material Recovery Facility(MRF)operators in the region including graphics,blogs, pre-written social media posts, and videos that municipalities could easily download, edit, and incorporate into their existing education and outreach programs. Based on the financial commitment established at the start of the campaign development,NCTCOG determined that the most cost-effective use of resources would be to distribute content through a blend of traditional advertising(e.g.,billboard,radio spots), social media(e.g.,Facebook,Instagram,Youtube), and local publications(e.g., community impact). Additionally, a quiz was developed to help drive engagement and teach residents in the region the most valuable and detrimental recyclable materials based on waste characterization data analysis and feedback from MRF operators. City of Denton, Texas 5-10 Burns &McDonnell 545 546 Comprehensive Solid Waste Management Strategy Public Education, Outreach and Compliance After the campaign was launched in 2019,NCTCOG staff have actively collected engagement data, incorporated feedback from municipalities and residents, and hosted recycling roundtable events to support further coordination and collaboration among municipalities in the region, amplify the collective messaging being distributed, and discuss next steps to continue working to achieve the goals of the campaign. During the initial development of the campaign,NCTCOG identified social media as the most cost-effective medium to distribute content to the largest target audience(e.g. residential generators)in the region. For this reason, social media is the primary distribution channel for the ongoing campaign that is supplemented by traditional advertising and local publications. 5.2.2 Cart Auditing Programs Cart auditing programs are intended to provide information about material set out for collection including where carts are placed and the level of contamination in them. The Cities of Dallas and Fort Worth have cart auditing programs in place. The approaches these cities have taken to cart auditing and challenges they have encountered are provided for context as the City considers scaling its current cart auditing program. The City of Dallas' "Take a Peek"program was established to better understand contamination levels, where staff inspect recycling carts for contamination to identify areas and specific routes with high contamination levels. With limited staff resources to inspect recycling carts,the goal was to"peek"into the carts of 100 households per district each year(500 total). Given COVID-19 concerns,the program has been suspended and will be re-established and eventually expand to a route-based approach,with a goal to check every household along a specific route(about 1,500 total households)in four phases. However, vacancies in staff positions and labor shortages have caused challenges in scaling the program to collect more comprehensive and consistent route-based data. The City of Fort Worth's"Blue Crew"checks the contents of residential set outs each day and leaves tags to inform the resident of any contamination that are found in recycling carts. The Blue Crew removes and bags items/articles that are identified as contaminated and attach a tag to the bag or cart explaining the situation to the customer. The Blue Crew staffing level of 6 to 7.5 full time employees(FTEs)allows Fort Worth to effectively educate customers at the point of generation collaboratively with its contracted recycling collection provider. Those who repeatedly are found to have put non-programmatic recyclable goods in the recycling carts can be charged additional garbage fees, and have their recycling carts taken away. Additionally,Fort Worth has found that by informing the community of the importance of reduction contamination,there are few complaints about the auditing of set outs from residents. City of Denton, Texas 5-11 Burns &McDonnell 546 547 Comprehensive Solid Waste Management Strategy Public Education, Outreach and Compliance 5.2.3 Compliance Incentive Policies The Cities of San Antonio and Garland have policies that incentivize compliance with their solid waste and recycling programs. These policy approaches have been summarized to provide context as the City considers enhancing program compliance. The City of San Antonio's Solid Waste Management Department(SWMD)issues violations and collects fees for cart contamination that are added to residents' monthly utility bills from CPS Energy. SWMD staff conducts cart audits and customers whose set outs are identified as contaminated are issued an initial warning tag on the cart and a letter sent in the mail that informs residents of the problem. SWMD staff members conducting the audit collect data including a picture of the cart,the serial number on the cart, a picture of the home and pictures of the contaminated items to ensure that violations are sent to the correct customer and information regarding the cart audit can be tracked. The second time that a cart is identified as contaminated, SWMD staff leave a contamination fee tag to indicate that a fee will be placed on the resident's next utility bill. Generally, contamination fees are $25 but increases to$50 for diaper contamination. Increased fees for diaper contamination were added in 2018 because this specific contaminant represented a major problem for San Antonio's MRF. Another addition to the program has been the ability to wave a contamination fee. If a resident is assessed a fee,they can have it removed from the upcoming monthly utility bill by participating in an online educational activity within 10 days of the date of the fee notice letter. SWMD allocates the revenue collected through contamination fees to fund the dispatch of a collection truck to haul contaminated material for disposal rather than recycling. City of Garland residents receive recycling service and are able to opt out of their program,meaning they can ask the City not to provide recycling service. For this reason, only about 42,500 of the 63,000 total refuse collection customers receive recycling collection service. Garland collection vehicle operators identify and track customers that set out consistently contaminated carts by visually inspecting the carts and recycling material as it is tipped into the collection vehicle from the cab. Garland employs a"three-strike"rule to incentivize compliance with the recycling program. If the driver encounters a contaminated recycling set out,the cart is tagged. If that same household has a second unacceptable set out,the resident is sent a letter in the mail providing an official warning.Upon the third unacceptable set out,the resident receives a call from the recycling outreach coordinator and their cart is removed. Although cart removal provides an incentive to remain in compliance with the program requirements for minimizing contamination and proper set outs, if a resident's cart is removed they are able to get it back City of Denton, Texas 5-12 Burns &McDonnell 547 548 Comprehensive Solid Waste Management Strategy Public Education, Outreach and Compliance upon request from the City and there are no further penalties, financial or otherwise,to further enforce compliance. 5.2.4 Commercial Recycling Support The Cities of Dallas and San Antonio provide support to commercial entities through business recognition and technical assistance. The programs these cities have in place are described to provide context about how the City may support increased diversion from commercial generators. The City of Dallas Green Business Certification is a free service offered to recognize businesses that prevent waste, incorporate recycling, and promote reuse,reduce,and composting in their operations. Any business in Dallas that incorporates green practices and conserves resources can apply to become green business certified including: multifamily properties,hotels,manufacturing companies, distribution centers,warehouses,restaurants,bars,barbershops, office buildings,data centers,hospitals,and other businesses. Businesses applying for the Green Business Certification submit a complete scorecard to city staff that identifies the types of programs that their business has implemented related to recycling, equipment placement,zero waste policies,transportation,water conservation,and energy efficiency. The scorecard also requires applicants to provide other data related to their solid waste management including their contracted hauler and average monthly tonnage of garbage,recycling and organics generated. More information related to the Green Business Certification program is available here: https://dallascityhall.com/departments/sanitation/Pa eg_s/%Zreenbusiness.aspx The City of San Antonio has established a business certification and technical assistance program called ReWorksSA to provide the local business community with consultancy,resources,materials,and training at no cost. This program is a joint endeavor between the Solid Waste Management Department(SWMD) and the Office of Sustainability(OS)that also serves as a promotion and recognition tool for organizations that successfully complete the program and receive certification as a sustainable business. ReWorksSA helps local businesses either start or improve recycling programs in the workplace and supports the City of San Antonio's climate initiatives by improving the environmental and economic profile of the business community. The certification process evaluates the number of programs and policies a business has in the areas of recycling, energy conservation,water conservation,travel&transportation and a reduction in multiple types of consumption. Points are awarded for both the number and the effectiveness of the best practices. City of Denton, Texas 5-13 Burns &McDonnell 548 549 Comprehensive Solid Waste Management Strategy Public Education, Outreach and Compliance Applicants can create an account on a dedicated web portal and review the best practices that are available. City staff conduct an initial assessment with the business before they submit a formal application for certification. After the application is reviewed,business are awarded bronze, silver, gold or pinnacle status and certifications are valid for two years. More information related to ReWorksSA is available here: https://www.reworkssa.org/ 5.2.5 Strategically Allocate Resources The Cities of Dallas and Frisco have adjusted their internal department roles and responsibilities related to education, outreach and compliance. The changes these cities made to staffing,workflows, and overall satisfaction with the resulting changes are highlighted to provide context about considerations that may support the City to scale its public education, outreach and compliance program in the future. The City of Dallas effectively develops, deploys and distributes messaging through multi-departmental coordination. Responsibilities for public education and public outreach for solid waste and recycling issues are shared between the City of Dallas' Sanitation Department and the Office of Environmental Quality and Sustainability(OEQS). When OEQS was established when the City reorganized its education and outreach program by moving staff from multiple departments to OEQS. The purpose of the change was to consolidate resources to develop a more comprehensive education and outreach program and to more efficiently leverage staff resources(e.g.,ability to develop messaging for multiple public education and outreach topics using a single graphics designer). Initially,OEQS took the role of providing all public education and outreach related to solid waste and recycling;however,the Sanitation Department has since taken back the role of developing and deploying content regarding collection scheduling,program compliance,and other service-related messaging. The Sanitation Department and OEQS work closely together to coordinate content development and messaging distribution to meet the objectives of its education, outreach and compliance program. Although the City of Dallas has encountered challenges during COVID-19 with maintaining consistent staffing levels to execute all programming(e.g., scaling cart audit program city-wide,increasing community-based marketing efforts, etc.),the strategic allocation of resources between OEQS and the Sanitation Department position Dallas to work more effectively to fully implement its education and outreach program over time. In 2019 the City of Frisco consolidated its education and outreach effort across multiple departments with environment or sustainability-related messaging under the Parks Department to qualify for additional grant funding to expand its programming.As such, staff that previously worked with the Environmental Services Department have transitioned to the Parks Department under the newly established Natural City of Denton, Texas 5-14 Burns &McDonnell 549 550 Comprehensive Solid Waste Management Strategy Public Education, Outreach and Compliance Resources Division. Although the programs and content related to solid waste and recycling remained the same,the communication and preparation required to develop and deploy the material under the new consolidated organization structure required an adjustment in the Environmental Services Department workflow. There may be challenges associated with a consolidated organization given the increase in scope of education and outreach content that would be deployed. For example, if a central group were developing and deploying education and outreach content,there may be less information pushed out specific to solid waste since the overall number of environmental topics that need to be covered would increase. Additionally,there is potential for a more centralized approach to minimize the number of staff that have a depth of knowledge of solid waste concepts.Any strategic allocation of resources must take into account the knowledge,capabilities and capacity of resources that manage a consolidated program to effectively receive feedback specific to solid waste programs and incorporate that information into the content developed and deployed. 5.3 Key Findings and Recommendations The following presents consolidated key findings and recommendations related to the City's public education, outreach and compliance efforts as a basis for the Strategy to Enhance Education, Outreach and Compliance described and evaluated in Sections 11.1 and 12.0. • Current residential education and outreach efforts are extensive. The programs and services provided to residents of the City are comprehensive and consistent. The City's approach to provide both specific resident information(i.e.,time and day of collection) and also more general environmental services(i.e.,why recycling is worthwhile) effectively inform the community and support ongoing program needs.Multi-departmental collaboration and communication to develop and deploy messaging supports the current program needs and the education,outreach and compliance services are consistent with other programs in the region and the City collaborates closely with the MRF operator to identify key challenge materials to highlight in messaging. • Update and implement program metrics. The metrics for the City's education,outreach and compliance program do not provide a clear and measurable definition of success. Developing program metrics that are driven by program goals and available funding(e.g., level of engagement on social media platforms,number of compliance actions taken,participation rate, material capture rate)would allow the City to better assess program effectiveness. • Advance data collection efforts that support future content development. The City should consider approaches to scaling its cart auditing program and leveraging the hardware and City of Denton, Texas 5-15 Burns &McDonnell 550 551 Comprehensive Solid Waste Management Strategy Public Education, Outreach and Compliance software packages with Rubicon to actively collect and analyze data to assess key metrics and evaluate program success over time. This data and analysis can become a valuable source of insight in the development of future content,particularly managing changes to the program that may be implemented based on the strategies developed and further detailed in Sections 11.1 and 12.0. • Identify future key target audiences. The City should identify sub-sets of its current high-level target audiences to more effectively reach the milestones that are aligned with key metrics.More focused target audiences may include specific types of businesses within the commercial sector (e.g., grocery stores, fast-casual restaurants,vehicle maintenance shops, etc.), City departments to ensure they lead by example on waste reduction and recycling efforts(e.g.,collaboration with Parks Department to incorporate best solid waste management practices in public space recycling, minimizing litter,and illegal dumping), or residential customers that do not set out recycling cart regularly and potentially contribute to a lower than ideal participation/set out rate. • Enhance compliance efforts. To successfully implement education and outreach efforts and cause intended behavior change from target audiences,the City should consider enhancing its compliance efforts by removing recycling carts from residents that are continually bad actors similar to the City of Garland's"three-strike"approach, or implement fees for excessive and/or repeatedly contaminated set outs with the provision of a waiver if the resident engages in further educational efforts(e.g.,recycling quiz or mini-course). • Continue incorporating content provided by NCTCOG into education and outreach materials. In an effort to support the regional recycling campaign,the City should continue to incorporate the content of the regional campaign as it continues to advance to its own education and outreach materials so residents are exposed to similar messaging regarding recycling anywhere they are in the North Central Texas region.Additionally, as the education, outreach and compliance program advances,consider developing dedicated campaigns using a similar approach to NCTCOG's regional campaign by collecting data, collaborating closely with stakeholders, and setting goals with clearly defined definitions of success. City of Denton, Texas 5-16 Burns &McDonnell 551 552 Comprehensive Solid Waste Management Strategy Organics Management 6.0 ORGANICS MANAGEMENT Organic materials include yard waste, food waste,biosolids,wood waste, and other waste as defined below. Organic materials comprise a significant amount of the total waste stream generated from the residential, commercial, and industrial sectors and present an opportunity for diversion. Effective organics management can reduce the amount of waste that is sent to the landfill,generate renewable energy through anaerobic digestion, create a valuable compost product, and return nutrients to the soil. This section evaluates organic management strategies for the City and includes evaluation criteria,current system findings, case studies highlighting key considerations, and recommended strategies. The Strategy to Implement Innovative Organics Management was developed based on the findings presented in this section as well as the outcomes of workshop discussions with City staff. Section 11.2 presents the strategy in more detail. Section 12.0 provides the implementation plan. Organics materials from residential,commercial, and industrial generators are defined as follows: • Yard waste. Materials such as leaves, grass clippings,brush,tree branches, stumps, and other plant trimmings. • Food waste.Fruits and vegetables,meats, eggs and dairy, coffee grounds, and food-soiled paper products such as napkins,pizza boxes and various types of cardboard and paper food containers that are compostable. Food waste includes: o Pre-consumer"kitchen waste"from food preparation including uncooked vegetative waste such as peels, cores,tops, and loose coffee grounds. o Post-consumer"plate waste"food discarded by consumers after the food has been sold or served. • Biosolids. Solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in treatment works(sewage sludge that has been treated or processed to meet Class A, Class AB, or Class B pathogen standards for beneficial use). • Wood waste.Non-C&D items such as pallets. • Other.Items such as natural textiles,material pumped from septic tanks(septage),water treatment plant residuals, fats, oils, and greases(FOG), dead animals, and manure. 6.1 Evaluation Criteria This section provides an overview of evaluation criteria for analyzing options for management of organic material including an overview of the U. S. EPA Food Waste Hierarchy as a guiding tool for evaluating the options(Figure 6-2) and discussion of pre-and post-consumer food waste management. City of Denton, Texas 6-1 Burns&McDonnell 552 553 Comprehensive Solid Waste Management Strategy Organics Management 6.1.1 Food Waste Recovery Hierarchy Food waste is an issue throughout the entire country,in every sector including residential,multifamily, commercial,and industrial. In the United States, an estimated 30 percent of food goes from farm to table to landfill". This presents not only an issue downstream to manage this food waste,but also economic and environmental impacts along every step of the production, distribution, and consumption chain. The U. S. EPA Food Recovery Hierarchy prioritizes actions organizations can take to prevent and divert wasted food. Each tier of the Food Recovery Figure 7-1: U.S. EPA's Food Recovery Hierarchy Hierarchy focuses on different management EPA strategies for wasted food. The top levels of the 'II'E':" Food Recovery Hierarchy �A hierarchy are the most preferred methods to prevent and divert wasted food because they create the greatest benefit for the environment, society, and the economy. This hierarchy is used as a tool in ' implementing an approach to food waste management. The City is well positioned with the infrastructure rq for both composting and anaerobic digestion of food waste. The more preferred strategy,based on the Food Recovery Hierarchy,is anaerobic digestion(industrial uses)over composting; however,both strategies are preferred over landfill disposal. Other strategies that rise higher on the food recovery hierarchy, such as source reduction(e.g., smart purchasing), feeding hungry people(e.g.,food donation) and feeding animals, are higher priority. Diverted food waste is most commonly processed at composting facilities. High-quality compost is a valuable product that enriches soil,helps retain soil moisture, and suppresses plant diseases and pests. Using compost can reduce the need for chemical fertilizers. Anaerobic digestion, another means of processing food waste and other organics, creates biogas and a digestate material that can be used as a soil amendment. Captured biogas can be used to generate electricity,as fuel for boilers or furnaces, or create pipeline quality gas or compressed natural gas that can "US Department of Agriculture, The Estimated Amount, Value, and Calories of Postharvest Food Losses at the Retail and Consumer Levels in the United States. 2010 Economic Research Service. City of Denton, Texas 6-2 Burns&McDonnell 553 554 Comprehensive Solid Waste Management Strategy Organics Management be sold as a vehicle fuel or sold on the open market.Most commonly it is used to generate electricity and provide combined heat and power. 6.1.2 Pre-consumer versus Post-consumer Food Waste Pre-consumer food waste.Pre-consumer food waste is only a portion of the food waste pie but there are many benefits to diverting this material.Pre-consumer food waste is considered"back of house"waste or "kitchen waste"that comes from food preparation. Collection of this material is controlled by staff who can be trained;workstations can be designed to efficiently collect the material; and contamination is typically low. The City's Compost Facility is accepting pre-consumer food waste for composting and the City has the collection infrastructure to grow this program. Post-consumer food waste. Post-consumer food waste programs would capture a larger quantity of food waste,but it comes with challenges including collection, contamination, and processing. Post-consumer food waste collection includes food waste that is generated after the food is prepared and served. Two challenges are prominent in post-consumer food-waste programs: food&beverage packaging and consumer responsibility for food-waste disposal. There are many solutions to overcome these challenges, but it takes intention and commitment on behalf of the generators to have a successful program. The City's Compost Facility is hesitant to accept post-consumer food waste due to the potential attraction of vectors. The City's Pecan Creek WWTP has anaerobic digesters which have ability to accept all food waste(see discussion in Section 6.3). 6.2 Generation and Diversion Summary The City has progressive programs to address organics management and divert material for beneficial use. The City diverts 19 percent of its total generated MSW(residential and commercial combined)through their composting efforts. However, organics still comprise over 40 percent of the waste generated for landfill disposal from the residential and commercial sectors. Section 3.3 details the solid waste generation,recycling, and disposal for the City by sector and data from that section is referenced throughout this section. The City's efforts to capture organic waste for composting is successful, especially in the categories of yard waste and biosolids. Figure 6-2 shows the tonnage of organic material managed by the City at the Compost Facility and Landfill in 2020. This figure does not include organic material diverted or handled by private haulers or other activities. Based on this tonnage information,the largest opportunity to increase organics diversion is commercial sector food waste,followed by residential food waste. The City of Denton, Texas 6-3 Burns&McDonnell 554 555 Comprehensive Solid Waste Management Strategy Organics Management majority of residential and commercial yard waste is being captured through collection programs. Biosolids are effectively managed through composting. Figure 6-2: Organic Material Managed by the City in 2020 (Tons) 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 Residential Yard Residential Commercial Commercial Biosolids Waste Food Waste Yard Waste Food Waste ■Compost Facility Tons ■Landfill Tons 6.3 Organics Management Infrastructure City of Denton Compost Facility. The Compost Facility is managed by the City's Pecan Creek WWTP staff. The Compost Facility currently accepts yard trimmings,biosolids, and relatively small quantities of pre-consumer food wastes co-collected with residential yard trimmings for processing. Post-consumer food waste is not accepted at this time. The City has considered allowing post-consumer food waste but elected not to at this time due to concerns related to potential odor and vectors(primarily feral hogs). The Compost Facility is permitted and currently operated by the Pecan Creek WWTP through their biosolids permit. The MSW disposal permit for the Denton Landfill also allows for on-site composting at the Landfill,which could potentially be pursued to address future growth of the program. The specific type of permitting or notification required by the TCEQ varies depending on the types of materials accepted for composting. The specific permitting considerations would need to be further explored to fully understand the options available. City of Denton, Texas 6-4 Burns&McDonnell 555 556 Comprehensive Solid Waste Management Strategy Organics Management The Compost Facility has room for growth at its current location, specifically for additional windrows. The grinding operation,however,is space constrained and the City is considering options for moving this operation to another area on the landfill. Pecan Creek WWTP. The WWTP operation includes an anaerobic digester as a function of its treatment process. The digester produces biogas which is used to produce energy for onsite electricity generation. The anaerobic digester currently only processes biosolids but the City is analyzing the system's capacity to accept food waste for co-digestion with biosolids and the quantity it can receive. The City recently received a grant from NCTCOG(further discussed in Section 6.5)which includes the purchase of a piece of equipment called a macerator,used to process food waste and prepare it for introduction into the anaerobic digester. With the anticipated increase of food waste material collected for processing from the commercial pilot program(further discussed in Section 6.6.1), additional staff and equipment may be required. The financial impacts would need to be addressed between the WWTP and SWR. 6.4 Yard Waste— Residential and Commercial The City's current residential and commercial organics collection programs are focused primarily on the collection of yard waste materials. These materials can be ground for mulch and/or composted at the City's Compost Facility at the Pecan Creek WWTP. Currently, approximately 90 percent of the yard waste generated by residential customers is diverted through the curbside collection program.Additional yard waste and brush is diverted when clean loads of yard waste are received at the Denton Landfill scalehouse. This material is sent to the Compost Facility for composting rather than landfill disposal. This section describes various options for managing residential or commercial yard waste including those currently used by the City, followed by a summary of the strengths,weaknesses,and opportunities associated with the City's current yard waste program(Table 6-1). 6.4.1 Yard Waste Options Residential source reduction and backyard composting. Promoting source reduction of yard waste includes mulch-mowing of grass clippings and leaves and backyard composting. Backyard composting is an effective way that residents can manage their yard waste at home, creating a usable,beneficial lawn and garden product. The City is not currently promoting backyard composting to residents through web resources or classes. Given that it is challenging to track, it is unknown how prevalent backyard composting is among residents. There are no City regulations precluding single family homes from backyard composting. City of Denton, Texas 6-5 Burns&McDonnell 556 557 Comprehensive Solid Waste Management Strategy Organics Management Residential yard waste collection. The City's residential curbside collection program includes weekly collection of yard waste and brush as part of the basic service. In 2020, 5,606 tons of material was collected through the residential curbside program,and waste characterization results,described in Section 3.4, indicate that very little yard waste is sent to the landfill. While significant growth is anticipated from the Hunter-Cole development,trends such as zero lot line development will result in less yard waste generation from these neighborhoods. Commercial yard waste collection.Yard waste generated by the commercial sector is generally handled by landscaping companies.Due to this, it is unknown how much yard waste is generated by the commercial sector. The City provides brush collection service to a small number of commercial customers and material is processed at the City Compost Facility.Most commercial yard waste customers request intermittent service to handle material generated due to weather related events. In 2020,the City collected approximately 27 tons of organic material from the commercial sector. Despite the City's commercial collection program for yard waste,there is still yard waste being disposed in the landfill. In 2020,there were an estimated 6,500 tons of yard waste disposed of in the landfill(based on waste characterization results presented in Section 3.4). Yard waste diversion program at the Denton Landfill. The largest waste stream processed at the City's Compost Facility is vegetative waste sourced from clean loads brought to the Denton Landfill by residential and commercial customers from within Denton or surrounding communities.In 2020,landfill customers delivered 19,700 tons of material to the Compost Facility for processing. The Compost Facility does not track the source of these drop off customers,but tonnage from this program has been assumed to be from the commercial sector. Table 6-1 provides an evaluation matrix indicating the strengths,weaknesses, and opportunities associated with each of the program components of the City's current system. Overall,yard waste diversion is high and the capture rate from the residential and commercial sectors is high. The City's collection programs are working and should continue to be provided and promoted. City of Denton, Texas 6-6 Burns&McDonnell 557 558 Comprehensive Solid Waste Management Strategy Organics Management Table 6-1: Evaluation Matrix of the City's Yard Waste Programs Program Strengths Weaknesses Opportunities Promote activities such as backyard composting, mulch mowing grass. City-provided weekly Minimal promotion of Residential yard collection service in the Partner with County waste base rate for all single- source reduction and Extension Service to family residences. backyard composting. deliver compost education and materials. Encourage xerisca in . Promote commercial City offers service to the Yard waste is still collection and drop off Commercial yard ending up in the landfill programs. Consider waste commercial sector to from the commercial landfill restrictions on manage yard waste. sector. yard waste(discussed in Section 7.2). 6.5 Residential Food Waste Food waste represents 32 percent of the residential refuse sent to landfill and a significant opportunity for diversion. This section describes various options for managing residential food waste including those currently used by the City, followed by a summary of the strengths,weaknesses,and opportunities associated with the City's current residential food waste programs (Table 6-2). 6.5.1 Residential Food Waste Options Promote source reduction. Awareness and understanding of the issues surrounding food waste can promote behavior change.Education and outreach campaigns that promote awareness around the topic of food waste can inspire residents to make more efficient choices in food purchases,meal planning, and serving size to ultimately reduce waste. The City does not currently promote source reduction through web resources or classes. Promote backyard composting. Backyard composting is an effective way that residents can manage their pre-consumer food waste at home, creating a usable,beneficial lawn and garden product. The City is not currently promoting backyard composting to residents through web resources or classes. It is unknown how prevalent backyard composting is to residents of Denton. There are no City regulations precluding single family homes from managing food waste through a backyard compost bin. Promotion of backyard composting allows the City the opportunity to enforce any provisions, such as setback distances,vector prevention, or container requirements. City of Denton, Texas 6-7 Burns&McDonnell 558 559 Comprehensive Solid Waste Management Strategy Organics Management There are organizations promoting backyard composting that would serve as resources. The State of Texas Alliance for Recycling(STAR) serves as the statewide administrator for the Texas-based Master Composter programs and can provide resources and technical assistance to communities hosting Master Composter training events44. Texas A&M AgriLife Extension provides research-based information and educational materials as well as classes on backyard composting". City curbside collection of pre-consumer food waste. In addition to the City's yard waste collection service, single-family residents can place pre-consumer food waste in their carts or paper bags.Weekly curbside collection of organics is part of the base service for all single-family residents. Quantities of food waste diverted is unknown due to the comingling of food waste with yard waste. This program is promoted as part of ongoing education and outreach efforts,with typically seasonally based content(e.g., pumpkins, food waste,holidays). There is an opportunity to further educate the community about diverting pre-consumer food waste with their yard waste,if technically and economically feasible. The benefit of comingling yard trimmings and food waste into one bin for curbside pickup is that there is no addition level of effort to collect the material;the infrastructure is already in place including bins, routes,trucks, and disposal. If residents do not purchase a yard waste cart or place yard trimmings in paper bags,then they do not have a sanctioned method for setting out food waste. The primary level of effort for the City is education of residents about the program and contamination.Promoting the program will increase awareness and participation;promoting the correct way to participate will keep contamination low. Pre-consumer food waste is only a portion of the total food waste that is generated and limiting a program to pre-consumer food waste limits the quantities of materials that can be diverted. The City's Compost Facility does not permit post-consumer food waste at their facility. Private sector-provided residential organics collection program. There are private companies(e.g., Turn Compost, Compost Carpool) offering subscription-based food waste collection and composting services in the North Central Texas region including Denton County. By law,no private or third-party provider may collect materials curbside in the City of Denton for disposal,recycling, or diversion from residential customers, as SWR is the exclusive provider of residential solid waste services. City residents may still participate in these subscription-based third-party programs through drop-off collection,which is offered by in Denton by at least two private companies for pre-consumer vegetative food waste. as hgps://www.recyclin stg ar.org/Master-Composter-Program as https:Hagritifeextension.tamu.edu/librarL/gardenin /g composting/ City of Denton, Texas 6-8 Burns&McDonnell 559 560 Comprehensive Solid Waste Management Strategy Organics Management Table 6-2 provides an evaluation matrix indicating the strengths,weaknesses, and opportunities associated with each of the program components of the City's current system. The City is already engaged in the promoting source reduction,backyard composting, and curbside collection of pre- consumer food waste;however,there are options to enhance these efforts to improve the overall effectiveness. Table 6-2: Evaluation Matrix of the City's Residential Food Waste Programs Program Strengths Weaknesses Opportunities As described in Section 5.0,the City has an established and comprehensive approach to residential education Limited promotion of Promote residential and outreach. food waste source Partnership with Save source reduction the Food(NRDC). Source reduction is most reduction. preferred on the food waste hierarchy and aligns with Sustainable Denton messaging. There are no City Partnership with County Promote backyard Limited promotion of Extension Service composting regulations preventing backyard composting. backyard composting. and/or STAR Master Com oster program. Limited promotion of The City provides bins There is a program and the program limits that could be labeled infrastructure in place to participation. with stickers that inform collect organic material what materials are curbside, including If residents don't have a accepted through the comingled pre-consumer cart and don't set out organics program. Curbside organics vegetative food waste, any yard waste in a for composting. paper bag,then they do The City can collect program not have a recognizable significantly more The City owns and container to set out food material from residents operates the composting waste. if operations were facility,providing modified to allow all control over facility and The program is limited food waste(pre-and program materials. to pre-consumer food post-consumer) at the waste. Compost Facility. City of Denton, Texas 6-9 Burns&McDonnell 560 561 Comprehensive Solid Waste Management Strategy Organics Management 6.5.2 Residential Food Waste Case Studies Source reduction: Save the Food PSA. The Natural Resources Defense Council(NRDC) developed a campaign to raise awareness about the USED. economic and environmental impacts of wasted food and encourage Americans to take easy and actionable steps to reduce food waste in their homes. The Save the Food campaign provides all materials for free on their website to partnering organizations. Materials available for distribution consists of a series of public service ads(PSAs), a website serving as a 40%OF FOOD IN AMERICAIS WASTED resource for tips and tools to help consumers take action, and a host of COOMP Ot SI (It. IUS*COxl-It IT materials like posters and graphics to educate consumers on the issue of food waste. The PSAs drive to SaveTheFood.com,where visitors can learn how to better plan, store, and cook their food. Backyard composting: Johnson County,Kansas. Since 2010, Johnson County,KS has supported a backyard composting program for residents. For the first three years,the program included selling heavily discounted compost bins. The program also includes hosting educational classes and attending community events. The County partners with their local Extension office through Kansas State University to develop backyard composting guidance and provide education and outreach to the community. The backyard composting program won an award from the local regional planning agency for the significant number of individual participants it has reached with its message through classes, events, and compost bin sales. Curbside collection of organics: San Antonio,Texas. San Antonio has a comprehensive curbside collection organics program. Residents are provided a green cart(96-or 48-gallon) for items that can be composted into nutrient-rich material that is made available back to the community. The San Antonio organics program accepts all food waste(pre-and post-consumer),non-recyclable paper, and yard waste in their collection cart for composting.Materials may be either loose or placed in paper bags in the cart. When unaccepted items(contamination) are in the green cart,it cannot go to the compost facility and must go to the landfill. Customers incur a fee when their cart is contaminated, and fees are collected through the resident's utility bill. Most violation fees are $25-50. In 2020,participation in this program helped divert 70,000 tons of material from the landfill. 6.6 Commercial Food Waste As shown in Figure 6-2, food waste generated by the commercial sector represents the most significant opportunity for organics diversion in the City. This section describes various options for managing City of Denton, Texas 6-10 Burns &McDonnell 561 562 Comprehensive Solid Waste Management Strategy Organics Management commercial food waste including those used by the City, followed by a summary of the strengths, weaknesses, and opportunities associated with the City's current food waste programs(Table 6-3). 6.6.1 Commercial Food Waste Options Promote source reduction,feed hungry people and animals. The City is not currently engaged in promoting source reduction or feeding people and animals,the more preferred methods of food waste management. There are several resources available in the region including the following: • The U. S. EPA has several great resources available to share with businesses including a food waste audit tool, safety regulations and guidance for food donations, and a legal guide for feeding animals leftover food46 • FoodSource DFW is a nonprofit organization that strives to reduce waste and distribute food and resources to people and families in need47. • Melissa Feeders is a family-owned company specializing in all areas of the beef and dairy beef industries that uses food waste for animal feed48. Partnerships to potentially divert edible food to feed hungry people are discussed in more detail in the Partnerships section(Section 10.0). City-provided commercial organics collection program. The City offers collection service of pre- consumer food waste to commercial customers. There are currently only a handful of participating customers,which are big-box stores. In 2020,this program diverted 308 tons of pre-consumer food waste for composting. Material is composted at the City's Compost Facility. There is opportunity to expand this program to more customers. Commercial Food Waste Diversion—Pilot Program. The City recently received a grant from the NCTCOG to fund a pilot program for food waste diversion from the historic downtown area. There are 50 bars and restaurants that would be offered the opportunity to join the pilot program. Each participating business will be provided a kitchen bin to collect food waste and a 35-gallon locking cart for collection. Food waste will be collected by the City and delivered to the City's Pecan Creek WWTP. The material will be macerated and processed in the anaerobic digester prior to being composted. Because the material collected will be processed in the anaerobic digesters,the program is able to collect all food waste(pre- a6 https://www.epa.gov/sustainable-management-food/tools-preventing-and-divcrting-wasted-food 47 https://www.foodsourcedfw.org/ as http://www.melissafeedcrs.com/enviromnentalstewardship/valueaddedfeeds.html City of Denton, Texas 6-11 Burns &McDonnell 562 563 Comprehensive Solid Waste Management Strategy Organics Management and post-consumer). This pilot program will be a huge benefit to the City,providing a significant learning opportunity on how to implement a successful program. Private sector-provided commercial organics collection program. There are private companies (e.g., Turn Compost, Compost Carpool)providing food waste collection and composting services in the North Central Texas region. It is unknown if they are providing services to any commercial entities the City of Denton, and if so how many customers they service. Material collected by the private sector is typically diverted for composting. Table 6-3 provides an evaluation matrix indicating the strengths,weaknesses, and opportunities associated with each of the program components of the City's current commercial system. The City currently offers collection of pre-consumer food waste to certain commercial customers and is exploring expansion opportunities supported by regional grant funding.As with the residential sector,promoting source reduction and feeding hungry people and animals are the most preferred methods of reducing food waste and there are opportunities for the City to expand activities in these areas. Table 6-3: Evaluation Matrix of the City's Commercial Food Waste Programs Program Strengths Weaknesses Opportunities The City's education and outreach program includes targeted outreach to commercial Promote generators. Limited to no promotion Distribute U. S.EPA commercial source of food waste source and other available reduction Source reduction is most reduction. resources to commercial preferred on the food sector. waste hierarchy and aligns with Sustainable Denton messaging. The City offers There is limited Increase participation in collection of pre- participation in the the program through consumer food waste to program. Collection is promotion. Pilot City provided food certain commercial limited to pre-consumer collection of post- waste collection food waste. There may consumer food waste for customers. The Compost be additional equipment processing at the Facility has room to and staffing necessary WWTP anaerobic expand. with increased material. digesters. NCTCOG grant funding The WWTP does not Track data to learn from has been awarded to currently have Commercial Food this pilot program. Waste Pilot support this program. experience processing food waste. It is Program The City provides a unknown how much Expand the program valet service to the material the AD and as across the City. City of Denton, Texas 6-12 Burns &McDonnell 563 564 Comprehensive Solid Waste Management Strategy Organics Management Program Strengths Weaknesses Opportunities historic downtown storage system can businesses and has handle. control over the program. There may be staffing and equipment needs There is existing beyond what is currently infrastructure and available to pilot or experience with biogas scale-up food waste co- (landfill as)upgrading. digestion at the WWTP. The U. S. EPA conducted a national survey to develop an"Excess Food Opportunities Map"to support diversion of excess food from landfills49. Figure 6-3 shows that the restaurants and food services and food wholesale and retail sectors make up the majority of potential sources of excess food in terms of number of establishments. This information can be used to inform waste management and food recovery at the local level. Figure 6-3: Non-Residential Excess Food Generating Sectors i Focht Bunks Foaxl Manufacturers& 0.03% Ptuctvurs Food Wholesale and Retail Restaurants and Fixed Services - -- 55.67% Educational Institufiom 10.90% \ — Hospitality ludustry 6.880/6 -- Correctional Facilities Healthcarc Facilities 0.45% 0.65" 6.6.2 Commercial Food Waste Case Studies Anaerobic digestion of food waste: East Bay Municipal Utility District. In 2006,the U. S. EPA provided a grant to the East Bay Municipal Utility District(EBMUD)in Oakland,California to "https://www.epa.gov/sites/default/files/2020-04/documents/efom_v2.1_technical_methodology-clean_v2.pdf City of Denton, Texas 6-13 Burns &McDonnell 564 565 Comprehensive Solid Waste Management Strategy Organics Management investigate anaerobic digestion of food waste. The purpose of the study was to identify design and operating criteria for anaerobic digestion of food waste, and to compare food waste digestion to that of municipal wastewater solids digestion. The pilot showed that 100 tons of food waste anaerobically digested per day produces enough energy to power up to 1,400 homes. A complete report of the technical findings is available through the U. S. EPA archive50 and is summarized as follows: • The digester feedstock was comprised of pre-and post-consumer food waste pretreated by the EBMUD food waste process to produce a pulp. The food waste evaluated during this study is representative of food wastes available from restaurants,produce markets,fish markets and wherever else food is prepared throughout California and around the country. • Anaerobic digestion of food waste provides approximately three to three and a half times more methane production per volume of digester than does municipal wastewater solids. • Anaerobically digesting 100 tons of food waste per day, five days a week,provides sufficient power for an estimated 800 to 1,400 homes for one year. • Food waste digestion results in half the residual produced after digestion,compared to residual biosolids from municipal wastewater treatment sludge digestion. This residual was then composted for further use. • Food waste contains more biodegradable solids,based on a higher volatile solids percentage(86 to 90 percent),than does municipal wastewater treatment solids(70 to 80 percent). • Because food waste is more readily biodegradable than municipal wastewater solids, a shorter anaerobic digestion solids residence time is needed. • The shorter residence time means that food waste can be recycled in smaller digesters than municipal solids,resulting in lower capital costs for new digesters. • An anaerobic digester can accept much more food waste at one time than municipal wastewater solids without adverse process impacts. Commercial food material disposal ban: Massachusetts. In 2014,the state of Massachusetts passed a state-wide ban to reduce the disposal of commercial organic waste. The law requires any business or institution which disposes of one ton or more of food waste per week to divert it through donations, feeding animals,composting, or anaerobic digestion. 1,700 businesses and institutions were impacted by the ban. Two years after the implementation of the law,the total reported diversion of food waste was 260,000 tons. In 2017 MassDEP released an economic impact analysis on the commercial food waste ban which found that in two years the commercial food waste ban created more than 900 new jobs, and$175 so https:Harchive.epa.gov/region9/organics/web/pdf/ebmudfactsheet.pdf City of Denton, Texas 6-14 Burns &McDonnell 565 566 Comprehensive Solid Waste Management Strategy Organics Management million in economic activity resulting from more composting facilities, food rescue organizations, and waste haulers to keep up with demands'. Based on the success of the law,the state is lowering the threshold of the ban so that it applies to businesses and institutions generating one-half ton or more food waste per week, effective November 1,2022. Despite the success of the law,there have also been some unintended consequences through increased nutrient pollution from composting facilities. Some facilities are discharging nutrient rich leachate into local waterways, causing water quality impairments in local communities. Leachate samples collected from one composting facility showed very high total nitrogen concentrations52. This highlights the need for clear standards and oversight on composting facilities to protect water quality and conservation efforts. 6.7 Biosolids Biosolids generated by the City's WWTP operations are composted at the Compost Facility. The Pecan Creek WWTP generated 4,957 tons of biosolids in 2020 which was composted, sold, and marketed as Dyno Dirt products. Composting biosolids is a common practice to beneficially use this byproduct of wastewater treatment,with land application being another practice to recycle biosolids in Texas. Biosolids composting requires the use of a bulking agent to improve the structure of the compost product. Yard waste diverted through SWR programs serves as the bulking agent at Pecan Creek WWTP, avoiding the need for the facility to purchase or procure a bulking agent(e.g.,wood chips, shredded paper, animal bedding)from an outside source. 6.8 Wood Waste and Other Organic Wastes Wood waste.Wood waste represents less than one percent of landfilled material from both the residential and commercial sectors. The Waste Characterization calculated the quantities at 0.5 percent from residential and 0.1 percent from commercial.Wood waste from these sources may be acceptable in compost programs. Fats,oils, grease.Fats, oils,and grease (FOG)are not included in MSW calculations. There are no reporting requirements therefore little is known about the quantity generated or the disposal destination. FOG is generally collected from commercial and industrial generators by commercial collectors. FOG sl https://www.mass.gov/files/documents/2016/11/vz/icfrep.pdf 52 hgps://www.epa. og v/snep/composting-food-waste-keeping-good-thing-going City of Denton, Texas 6-15 Burns &McDonnell 566 567 Comprehensive Solid Waste Management Strategy Organics Management may be processed at anaerobic digestion facilities, de-watered and land applied(where allowed), composted, or landfilled. Other.The majority of"other"organics represent waste streams that are not currently readily able to be recovered for diversion such as textiles, leather, shoes,diapers,natural fibers,and rubber products. Construction and demolition debris. Organic debris from construction and demolition(C&D)projects present an opportunity for diversion. Source separated material of wood waste could be captured for mulching and/or composting. 6.9 Key Findings and Recommendations The following presents consolidated key findings and recommendations related to the City's organics management program for both residential and commercial generators, as a basis for the Strategy to Implement Innovative Organics Management described and evaluated in Sections 11.2 and 12.0. The City has a successful model for diversion of yard waste and biosolids with the infrastructure in place to manage the material generated by the residential and commercial sectors. Food waste diversion is the next frontier with the highest tonnages available for capture. The existing infrastructure including collection and the Composting Facility at the WWTP is adequate for managing yard waste and biosolids; however, as increased food waste is diverted, additional resources may need to be put towards handing of the additional material. The financial impacts would need to be addressed between the WWTP and SWR programs. 6.9.1 Residential Organics Recommendations • Promote source reduction. Consider leading the effort to promote source reduction to residents through implementation of the key components of a robust education, outreach and compliance program as described in Section 6.1.1. The City may consider utilizing the Save the Food campaign materials or developing their own unique campaign materials. • Promote backyard composting. Consider promoting backyard composting to residents through implementation of the key components of a robust education, outreach and compliance program as described in Section 6.1.1. Consider partnering with the County Extension Service to provide research-based information and educational materials as well as classes. Share information with residents about the STAR Master Composter program. City of Denton, Texas 6-16 Burns &McDonnell 567 568 Comprehensive Solid Waste Management Strategy Organics Management • Increase awareness of the City curbside collection of food waste program. Consider promoting the curbside collection of pre-consumer food waste to residents through implementation of the key components of a robust education, outreach and compliance program as described in Section 6.1.1. 6.9.2 Commercial Organics Recommendations • Promote source reduction,feed hungry people and animals. Consider promoting actions higher on the food waste hierarchy to the commercial community. There are many resources available to support outreach efforts as outlined in Section 6.5, and opportunities to leverage partnerships for increased diversion are discussed in more detail in Section 10.0. • Implement the Commercial Food Waste Pilot Program. Consider implementing the pilot program for food waste diversion from the historic downtown area. This will be a valuable opportunity to pilot a commercial food waste program in a controlled setting and gain insights from participating generators, collection service providers(valet staff), and processing facility(ies). Gathering feedback from participants and tracking metrics will provide useful information to developing a successful full-scale organics collection program across the City. Suggested activities associated with data gathering are as follows: o Track the quantity,type, size,and type of businesses which sign up to participate as well as the dropout rate/duration of participation. o Survey participating businesses to gain insights into what elements of the program are beneficial,need attention, and suggestions for improvement. o Survey the valet service staff to understand their challenges and suggestions for improvement. o Track quantities across each business and categorize quantities by type of establishment (bar/caf6/restaurant/etc.). o Check in frequently with the WWTP staff to ensure that they can handle the incoming volumes for maceration/pre-processing,that the quality of incoming material is acceptable,that the new material streams are not adversely affecting the digester(e.g., microbial health),and if there is sufficient digester and biogas capacity handle the amount of material received. • Expand commercial food waste collection. Following the pilot program period,consider expanding the commercial food waste collection program throughout the City. It will require City of Denton, Texas 6-17 Burns &McDonnell 568 569 Comprehensive Solid Waste Management Strategy Organics Management working closely in partnership with the Compost Facility and WWTP to ensure that both facilities have capacity, infrastructure, and staffing required to expand. Conduct a master study of organics management. Consider a collaborative approach between SWR and Water Utilities to evaluate the long-term infrastructure needs for the City for increasing management of organic materials. As the City continues to grow,the capabilities of SWR and Water Utilities will need to expand,including currently planned system expansions to provide sufficient WWTP capacity for the Hunter-Cole development.As part of the long-term planning processes,there are benefits from collaboration and awareness between departments regarding any infrastructure upgrades(e.g., increased excess digester capacity),new programs or policies (e.g.,expanded food waste diversion programs),and future staffing needs for joint efforts (e.g., expansion of the commercial food waste pilot). City of Denton, Texas 6-18 Burns &McDonnell 569 570 Comprehensive Solid Waste Management Strategy Landfill Disposal 7.0 LANDFILL DISPOSAL Landfills will play a necessary role in materials management through the 2040 planning horizon,even with increasing rates of recycling,waste reduction efforts,and technological advancement. The City owns and operates the Denton Landfill,placing it in a position of self-determination regarding refuse disposal and capacity planning. As described in Section 4.0,the Denton Landfill consists of a total permit boundary of 404.4 acres and a waste disposal footprint of 258.0 acres with a total in situ waste disposal capacity of 51.88 million cubic yards. This includes recent approval of a vertical and lateral expansion,which added 40 million cubic yards in situ disposal capacity. Prior to the expansion,the site had an estimated 7.27 million cubic yards remaining in 2020 (11.5 years of capacity). Based on current disposal rates,the recently approved vertical and lateral expansion increases the expected capacity of the Denton Landfill to 72 years(see Table 4-1 in Section 4.0 for details). However,population and economic growth are forecasted to result in increased City-hauled landfill disposal tonnages. Further,growth in surrounding communities coupled with other NCTCOG landfills reaching capacity and closing will increase disposal demand at the Denton Landfill. The remaining landfill life of the Denton Landfill is dependent on the City's approach to pricing and policy to efficiently utilize airspace. This section summarizes the City's current approach to landfill pricing and contracts and describes opportunities and approaches for the City to manage incoming quantities and leverage the Denton Landfill as a resource to incentivize diversion activity while meeting financial responsibility and needs of residents and SWR. Tactics to implement the Strategy to Efficiently Use Landfill Capacity were developed based on the evaluation,case studies,key findings and recommendations presented in this section as well as the outcomes of workshop discussions with City staff. Section 11.3 presents the Strategy to Efficiently Use Landfill Capacity in more detail. Section 12.0 provides the implementation plan. 7.1 Landfill Pricing Strategies This section describes the City's pricing strategy and presents case study examples of approaches used in other communities. 7.1.1 Gate Rates The City's 2022 landfill rates(Ordinance 21-1967)are shown in Table 4-2. A customer's gate rate is depending on the type of customer(e.g.,Denton resident, commercial customer) and the type of material City of Denton, Texas 7-1 Burns&McDonnell 570 571 Comprehensive Solid Waste Management Strategy Landfill Disposal (e.g.,MSW, sludge,clean brush or green waste). The City's landfill pricing strategy is designed to maintain a favorable gate rate for Denton residents while also bringing in outside tonnage to generate needed revenue to pay down long-term debt. Rates are generally adjusted annually based on factors such as inflation. Table 7-1: Disposal Rates at the Denton Landfill (2022) Customer/Material Rate per Ton Gate Rate(City Residents/Businesses) $44.00 Gate Rate(Non-Denton Residents/Businesses) $48.00 City Hauled Commercial Open Top and Compactors $40.00 City of Denton Departments $24.50 Sludge,Dewatered $60.00 Clean Concrete,Asphalt,Brick or Dirt(if needed) $22.00 Whole Tree Stumps $50.00 Unbagged Grass,Leaves,and Brush(Denton Resident) $25.00 Unbagged Grass,Leaves,and Brush(Non-Denton Resident) $35.00 Large Brush $30.00 Special Waste(must be approved by City of Denton) Varies There are many landfills within the Dallas-Fort Worth Metroplex and greater North Central Texas region (more detail presented in Section 4.0). Figure 7-1 shows the average rate charged at landfills in the NCTCOG region based on information reported to the TCEQ,which ranged from$24-53 per ton. This is facility-reported information, and it's possible that facilities may interpret and estimate the average rate charged in potentially disparate ways(e.g., exclusive of some fees, exclusive of wholesale customers). While the rate reported to TCEQ by the City($44 per ton) appears higher than the reported average rate charged in the surrounding counties,this rate represents the gate rate for Denton residents/businesses ($44; Table 4-2). Burns&McDonnell estimates that the average rate charged in 2020 at the Denton Landfill was $34 per ton. As communicated in Table 7-3,the City has also established a set of material-specific gate rates. Charging different rates for specific materials can be an effective approach to incentivizing or disincentivizing specific materials being brought to the Denton Landfill. For example,the material- specific gate rate of$25-35 per ton for unbagged grass,leaves, and brush incentivizes customers to deliver clean loads of this material to receive the reduced rate. The City can then divert these loads to be composted at the WWTP composting facility.As discussed in Section 6.0,these clean loads comprise a City of Denton, Texas 7-2 Burns&McDonnell 571 572 Comprehensive Solid Waste Management Strategy Landfill Disposal significant portion of the yard trimmings composted through the City's program,provide useful bulking material for biosolids composting, and preserve landfill space through diversion. As landfills in the NCTCOG region reach capacity and close, existing disposal capacity will become an increasingly valuable resource. Facilities in the region may adjust gate rates and discounts based on facility capacity,regional disposal markets,nearby facility pricing, and other factors (e.g., consumer price index(CPI))to meet specific facility goals related to facility financials,landfill life,or material needs (e.g., securing incoming waste that is suitable as alternative daily cover or as a bulking agent for the disposal of high-moisture wastes). City of Denton, Texas 7-3 Burns&McDonnell 572 573 Comprehensive Solid Waste Management Strategy Landfill Disposal Figure 7-1: Average Gate Rates Charged in the NCTCOG Region (2020)' 70 Dark Grey=Type 1 Light Grey=Type IV X indicates the rate reported by the City 60 $60 50 $44 $53 X 40 $45 $38 $40 $34— $35 $37 30 $33 $32 _ $29 $30 $29 $30 $30 20 $24_ $25 $26 $25 10 0 — — — — — — — — — — — — — — — — — +' C U C C C U C C C C C C C C C C C C C ca fo ru co CU ca co ro ca ro ca ro ro ro ro ca ca ca ca J L.L. J J J L.L. J J J J J J J J J J J J J *' N i O a� C a� O O 3 C C a1 O 'j +' N O +' 06 �mO Y(U U U to L — L C J O ca V) Q L C � Q p O o C ` `�' a n C U O � i' O 4— _ O Qj oC U LLO r- O ca U U � v LL O p U }, U U DENTON COLLIN TARRANT DALLAS OTHER Average gate rate charged for the City($34 per ton)estimated based on data provided by the City.All others are as reported to the TCEQ as part of 2020 annual MSW reports. City of Denton, Texas 7-4 Burns&McDonnell 573 574 Comprehensive Solid Waste Management Strategy Landfill Disposal 7.1.2 Guaranteed Tonnage Contracts Wholesale or discount gate rate agreements are a common practice used to guarantee tonnage and revenue and provide some budget predictability, especially in competitive disposal markets. The majority of outside tonnage received at the Denton Landfill is through put-or-pay contracts tons that guarantee revenue for the City. The City's current put-or-pay contracts are summarized in Table 7-2. Table 7-2: City Put-or-Pay Contract Terms Denton Landfill Regional Perspective Some cities in NCTCOG(e.g., Garland)have historically renegotiated contracts every year,rather than utilizing multi- year contract. Multi-year contracts provide some predictability Contract Length 3 years in budgets for both the city and the customer. Cities may use a discount matrix with greater discount for longer contracts(see Dallas case study and Table 7-4). Ranges from Known discount contracts in the region are typically for higher approximately tonnages than some of those executed with the City's Guaranteed 2,000-90,000 customers. Recently,the City of Dallas added a tier to their Tons per Year discount matrix to include discount levels smaller contracts tons per year per contract (5,000 to 9,999 tons per year). The City's discounted rates are within the range of other discounts in the region,which are generally in the mid-$20 per ton range up to possibly$50 per ton depending on location in Average $28 per ton the Dallas-Fort Worth Metroplex. Lowest price is not the only Discounted Rate factor in rate competitiveness; haulers also report that considerations such as distance,use of toll roads,travel time and turnaround time affect disposal contract decision-making. The City's put-or-pay contracts are negotiated on a case-by-case basis with each customer, and the potential discount rate or structure is not formally set.While some communities opt to negotiate discount rates and a case-by-case basis,others utilize a set discount structure or matrix to determine the percentage discount a customer receives. The percentage discount may apply to the posted gate rate for the material City of Denton, Texas 7-5 Burns&McDonnell 574 575 Comprehensive Solid Waste Management Strategy Landfill Disposal or to an established base contract rate. A benefit of set discount structures formalized through ordinance is that they provide transparency; however, formalized structures introduce the potential to lose customers who are on the upper threshold of a pricing tier and cannot receive or negotiate a better rate. Additionally, unless expressly included in the ordinance,formalized rate structures can limit the ability to negotiate one-time discount contracts for desired large loads. The typical discount approach is that the more tonnage a customer guarantees the greater the discount. While this approach provides near-term financial benefits,it does not reflect the economic reality of increasing future disposal costs.As the Denton Landfill reaches capacity, eventually the City will need to look to alternatives which will be increasingly expensive compared to the current disposal costs and may result in limited cost control if the City must send material to a third-party landfill. While the City can work to minimize the amount of waste generated within Denton that is landfilled,the City's programs cannot incentivize diversion in the neighboring communities for which the Denton Landfill is one of limited disposal options. To incentivize diversion programs in these communities,the City could shift the discount structure to provide more favorable pricing based on a documented level of diversion. This shift would align the financial incentives of the discount structure with the anticipated future costs of disposal in the region. Burns&McDonnell is not currently aware of any communities with a landfill discount structured in this manner, and believes it represents a novel approach to pricing contracts. Case Study: City of Dallas McCommas Bluff Landfill. The City of Dallas began raising prices for disposal to be more in line with other facilities in the region in 2018. Table 7-3 shows this historical gate rate for the landfill between 2015 and 2022. Table 7-3: Historical McCommas Bluff Landfill Gate Rate (Dallas) Fiscal Gate Dollar Percent Year Rate Change Change 2015 $21.50 $0.00 0.0% 2016 $21.50 $0.00 0.0% 2017 $25.00 $3.50 16.3% 2018 $25.00 $0.00 0.0% 2019 $26.25 $1.25 5.0% 2020 $28.50 $2.25 8.6% 2021 $34.20 $5.70 20.0% 2022 $34.88 $0.68 2.0% City of Denton, Texas 7-6 Burns&McDonnell 575 576 Comprehensive Solid Waste Management Strategy Landfill Disposal The City of Dallas allows higher volume customers to receive a discount relative to the gate rate based on the guaranteed annual tons and the length of commitment. Once the discounted rate is established,it increases each year of the contract based on a Consumer Price Index(CPI)adjustment. Table 7-4 presents the landfill discount matrix.While the discount matrix previously included tiers for 10,000 or more guaranteed annual tons per year,the city added a gate rate discount tier for 5,000 to 9,999 tons when the new discount matrix was implemented in October 2020. Table 7-4: Landfill Discount Matrix Guaranteed Annual Tons Discount from Gate Rate From To 1 or 2 Year 3 or 4 Year 5 Year Contract Term Contract Term Contract Term 5,000 9,999 12.28% 13.60% 14.88% 10,000 49,999 17.81% 19.72% 21.58% 50,000 74,999 20.65% 23.55% 29.23% 75,000 99,999 21.58% 25.46% 33.06% 100,000 124,999 22.62% 27.32% 36.83% 125,000 149,999 22.85% 27.78% 37.87% 150,000 199,999 22.97% 28.13% 38.45% 200,000 No maximum 23.20% 28.65% 39.38% Based on the current published gate rate($34.88 per ton),the discount structure in Table 7-4 is equivalent to a rate of approximately$21-31 per ton depending on the guaranteed tonnage tier and length of contract. 7.1.3 Landfill Disposal Surcharges Disposal surcharges(e.g., landfill environmental fees,impact fees) are an element of landfill pricing that raise the cost of disposal above the gate rate. Disposal surcharges can encourage diversion and help recycling to be more cost competitive as well as generating funding to support local recycling programs. Disposal surcharges may be enacted at the state and/or local level. Currently,the per-ton disposal fee in Texas is $0.94 per ton,which is below the national average. Local governments, such as the City of Fort Worth,may charge additional local solid waste disposal fees. Case Study: City of Fort Worth. The City of Fort Worth's"Non-City Landfill Environmental Fee" (Ordinance 24533-11-2020)was adopted November 17,2020 and became effective January 1,2021. The fee adds $5 per ton of landfill environmental fee collected with the tipping fee at the City's Southeast Landfill. Prior to fee enactment,residents and permitted haulers contributed financially to the costs of the City of Denton, Texas 7-7 Burns&McDonnell 576 577 Comprehensive Solid Waste Management Strategy Landfill Disposal city's solid waste disposal program through residential rates or permit fees;however,haulers disposing of non-city material did not contribute in a similar manner. Objectives of the Fort Worth's environmental fee include to preserve remaining capacity for City-generated materials and to equalize the financial burden of responsible solid waste management among all users of the landfill. 7.2 Other Approaches to Increase Diversion and Extend Landfill Life This section provides an overview of approaches that can be implemented at landfills to increase diversion. 7.2.1 Landfill Bans for Certain Materials Communities in the U.S. have moved forward with banning C&D and/or yard trimmings/brush materials from landfills primarily in order to extend landfill life,to prevent odor violations53, and due to community-wide diversion goals. The following are examples from communities that have enacted a landfill ban: • Johnson County,Kansas. Beginning in 2012,the county banned disposal or transfer for disposal of yard waste,which had been previously identified as one of the top four most disposed materials at the Johnson County Landfill.54 The county developed a phased process that included establishment of a Solid Waste Management Committee with staff,resident, and industry representatives to develop the ban ordinance. • Wake County,North Carolina. Commercial C&D is not accepted at any county-operated landfill and is only accepted at eight private facilities in Wake County. In 2000,the Wake County Solid Waste Management Division enacted the ban following a waste characterization study that indicated 22.5 percent of material in the North Wake MSW Landfill was C&D. The County has found success in the decade following the ban—in FY 2011,nearly 100 percent of C&D material generated in Wake County was either disposed in private facilities or recycled.ss As a part of Wake County's ban,MSW loads brought to county landfills containing 10 percent or more C&D material are assessed at two times the tipping fee.56 53 Decomposition of gypsum in landfills releases hydrogen sulfide,creating a strong odor. Landfills in Massachusetts and New Hampshire have encouraged gypsum recycling and best management practices to reduce odor. hops://www.waste360.com/ma /g waste passing smell test 5'Johnson County Solid Waste Management Plan,2007 Edition,page 11. hllps://www.joco og v.ore/sites/default/files/documents/DHE/ENV/swSWMP2007P1an.pdf ss Wake County Solid Waste Management Plan,page 3-2. http://www.wake gov.com/recycling/division/reports/Documents/2012 WC S WMP.pdf 56 Best Practice: Wake County C&D Disposal Surcharge. http://www.p2pgys.orgibmp/main/studies/Wake%2OCouniy%20C&D%20 Surchargg.pdf City of Denton, Texas 7-8 Burns&McDonnell 577 578 Comprehensive Solid Waste Management Strategy Landfill Disposal • State of Massachusetts. The State of Massachusetts banned asphalt pavement,concrete,metal, and wood from landfills under 201 CMR 19.017 in 2006 and clean gypsum in 2011.51 Implementation of the ban including the materials considered was developed in collaboration between the state's Department of Environmental Protection(MassDEP) and a C&D Debris Subcommittee comprised of architects,building owners, consultants, contractors,haulers, landfill owners,municipalities,processors, and other key stakeholders. The state's ban identifies loads that are more than 20 percent banned material by volume to be non-compliant, and penalties for non-compliance vary by case.9,ss • City of Seattle,Washington. The City of Seattle began an expansive stakeholder input process from 2009 to 2012 to determine the implementation process of a C&D recycling requirement and landfill ban in the city.59 Aspects of the ban related to diversion plans,material types, and reporting where determined by stakeholder groups including representatives from construction trades, facilities, and haulers. In 2012,the city began a phased approach to its C&D landfill ban on a material-by-material basis with a year of education prior to the beginning of enforcement. The city has delayed phasing in a ban of plastic film wrap, carpet, and tear-off asphalt shingles disposal due to uncertainties of recycling capacity and end-user markets in the region. Section 21.36.089 of Seattle's ordinance notes that presence of banned materials in very small qualities are exempt from penalties,which are assessed on an actual cost basis of City inspection and increase following violation.60 Similar to landfill bans,local governments can enact ordinances specific to the collection of material. For example, some local governments enact prohibitions on yard trimmings comingled with refuse. If separate collection service is not provided through a program or contract,then it would be left up to customers to manage yard trimmings. Options for management of yard trimmings includes contracting individually with a private hauler, self-hauling to a drop off facility, or managing the material on site through mulch mowing and/or backyard composting. The benefit of this option is that only customers who use a collection service pay for the service;however,it can lead to increases in illegal dumping of yard trimmings. 57 https://www.mass.aov/doc/frequently-asked-questions-construction-demolition-materials-waste-ban/download 58 https://www.mass.aov/doc/310-cmr-19000-solid-waste-management-facility-regulations/download 19 hgps://wsra.NyK/wp-content/uploads/2019/12/impact_of bans - wsra_confer.pdf 60hltps:HlibrM.municode.com/wa/seattle/codes/municipal_code?nodeld=TIT21 UT_SUBTITLE_IIISOWA_CH21.3 6SOWACO SUBCHAPTER IISOWACO 21.36.089CODEWARERE City of Denton, Texas 7-9 Burns&McDonnell 578 579 Comprehensive Solid Waste Management Strategy Landfill Disposal 7.2.2 Other Incentives and Disincentives While surcharges and disposal ban policies are commonly used to enhance diversion,there are other policies and ordinance options related to landfill diversion from both a generator and material type focus. Table 7-5 provides options for policies and ordinances specific to commercial generators, organics and food waste, and C&D materials,which communities may use in additional to or instead of a landfill ban. Many of these options are discussed in detail as part of the Strategy to Support New Markets and Leverage Partnerships(see Sections 10.0, 11.6, and 12.0). Table 7-5: Alternatives to Landfill Bans Commercial Organics & Food Waste C&D • Awards and recognition • Donation of unused food • Education and outreach for • Hauler minimum service • Food to agriculture programs reuse and recycling standards • Incentivize materials • Voluntary collection recovery and deconstruction • Mandatory diversion for programs through building permit fees generators . Hauler minimum service • Building design requirements standards • Green building and LEEDordinances specifying adequate space • Mandatory recovery program for containers • Mandatory recovery program for specified generators for specified generators • Target diversion rate • Processing capacity and end • Processing capacity and end markets markets 7.3 Key Findings and Recommendations The following presents consolidated key findings and recommendations related to the City's landfill capacity and pricing, as a basis for the Strategy to Efficiently Use Landfill Capacity described and evaluated in Sections 11.3 and 12.0. • The recent landfill expansion provides long term capacity for the City. If diversion rates do not improve,the City currently has sufficient capacity through at least 2057 and potentially through 2077. The City's landfill space will only increase in value over time as the area continues to grow and more landfills reach capacity. As a City-owned and operated landfill,the City maintains control over its disposal needs and should consider the Denton Landfill a valuable resource. The City should anticipate increased interest from third-party haulers and private waste management companies to operate or acquire the facility;however,the City should seek to maintain its status as owner-operator. City of Denton, Texas 7-10 Burns &McDonnell 579 580 Comprehensive Solid Waste Management Strategy Landfill Disposal • The regional market price for disposal is driven by many factors and facility pricing dynamics are ever changing. The City's current gate rates and discount contracts appear to be generally in line with other facilities in the region; however, as facilities change their respective pricing and discount strategies the market will shift. Given the number of factors, including price, that influence the flow of refuse throughout the region,the City should conduct routine market studies to track disposal capacity market price and set rates accordingly to balance short- and long-term capacity and revenue needs. • Put-or-pay contracts have been used successfully to pay down long-term debt. After 2023,it is anticipated that the put-or-pay contracts will not be needed to pay down long-term debt,and instead can generate net revenue for SWR. Implementing a sustainable materials management plan will require expanded and new programs to further increase the City's diversion efforts. In turn,programs will require funding support that could include revenue generated through put-or- pay contracts. The City should explore the creation of a special fund so that future disposal contract revenues could be directed to stabilize residential rates and fund diversion programs. The creation of a special fund may become increasingly important as the value of put-or-pay contracts increases due to regional capacity constraints. • Put-or-pay contract structure could be leveraged to support the City's costs of services while also encouraging diversion in surrounding communities. The Denton Landfill is an important disposal resource not just for the City but also for north and west areas of the region where disposal alternatives and diversion programs are limited(e.g.,Wise County). While the City provides essential sanitary service to these communities through the safe disposal of non- recyclable wastes,there is an opportunity to divert material from these communities as well. The City can leverage put-or-pay discount structures to incentivize third-party communities to divert by contracting directly with communities(rather than their contracted hauler)and implementing a discount structure that provides an increase discount rate based on documented diversion tonnages. This put-or-pay approach could be used to attract increased volumes of recycling material to the Pratt MRF (or future expanded regional MRF) as well as the potential regionalization of other City programs(e.g.,HCC)for increased diversion and improved economies of scale. Discount levels should be carefully set based on the recommended landfill market studies. City of Denton, Texas 7-11 Burns &McDonnell 580 581 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure 8.0 PLANNING FOR FUTURE GROWTH & INFRASTRUCTURE This section includes an evaluation of the programs and opportunities for effectively managing waste and recycling as the City continues to grow at a significant rate. The section discusses both infrastructure and considerations for future policies and approaches to manage these materials in an effective way. Tactics to implement the Strategy to Plan for Future Growth and Infrastructure were developed based on the evaluation,case studies,key findings and recommendations presented in this section as well as the outcomes of workshop discussions with City staff. The Strategy to Plan for Future Growth and Infrastructure is presented in more detail in Section 11.4. Section 12.0 provides the implementation plan. 8.1 Future Transfer Station Evaluation As described in Section 4.0,transfer stations may be used to improve the efficiency and/or costs associated with hauling materials. Given the significant growth planned within the Hunter Ranch and Cole Ranch master planned communities(MPCs)and the anticipated 20-mile distance from these routes to the Denton Landfill and Pratt MRF (see land use and growth analysis in Section 4.3),a transfer station may be appropriate to efficiently manage material from these routes. This section provides an evaluation of the operational appropriateness,financial feasibility, and long-term planning considerations for a transfer station. 8.1.1 Operational Appropriateness Evaluation Benefits associated with transfer station use can include: • Quicker turn-around times for collection route service. Collection vehicles can often save time and return to service their remaining/second route sooner by tipping at a transfer station rather than a landfill that is further away and/or has significantly more scalehouse and working face traffic. • Reduced fuel use and air emissions. Consolidation of waste for transportation to the landfill increases efficiency, and thereby reduces the overall fuel use and air emissions of collection activities.As alternative fuel vehicles gain popularity,they can be tailored to the specific use or service duty for best performance (i.e., low-speed frequent stops of collection routes vs. long-haul transport from transfer station to landfill). • Increased lifespan of collection fleet. Due to reduced travel time and consolidated transportation,the lifespan of the City's collection fleet could be extended. City of Denton, Texas 8-1 Burns&McDonnell 581 582 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure • Co-located services such as community drop-off. A transfer station can improve convenience for residents, further reduce small vehicle traffic at the landfill,and improve safety by directing self-haul residents to transfer station drop-off rather than the landfill working face. Currently,the Denton Landfill experiences periods of long wait times and unloading times due to increased growth in the area and traffic volumes. Scalehouse wait times of 10-15 minutes are typical at the landfill but can be up to 30 minutes depending on conditions and the need to control traffic and tonnage at the working face. If conditions are challenging(e.g.,wet weather),the total turn-around time at the working face can be up to 90-120 minutes at peak times resulting in significant waits before returning to service a second route. As discussed in Section 4.0,the planned Hunter Ranch and Cole Ranch developments have an anticipated 20-mile travel distance each way between collection routes and the Denton Landfill via the proposed Loop 288 (refer to Figure 4-19).At this distance,there are potential time savings for these routes to be diverted to a transfer station located in a yet to be determined location in west/southwest Denton, especially if Denton Landfill turn-around times remain high. However,the Public Disposal Facility at the Denton Landfill(expected in early to mid-2022),can provide some benefits similar to a transfer station by alleviating some traffic at the working face, improving wait times at the landfill,and providing a safer and more convenient option for self-haul customers. 8.1.2 Financial Feasibility Evaluation The financial feasibility of a transfer station is dependent on many factors,including: • Collection cost • Disposal cost • Distance/travel time to landfill • Fuel costs • Annual tonnage hauled • Payload of transfer trailers vs. collection vehicles Assuming other factors are held constant,the further the landfill or processing facility is from the collection point,the more financially feasible long hauling with a transfer station is compared to direct hauling from the point of collection. Based on the growth patterns of the City and location of other facilities in the region, a location in the southwest of the City could potentially minimize the impacts of the concentrated growth of the Hunter City of Denton, Texas 8-2 Burns&McDonnell 582 583 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure Ranch and Cole Ranch MPCs. The cost of developing a transfer station is dependent on several site- specific factors, including location, size,type of operation and number of material streams. Burns& McDonnell evaluated options to manage the waste and recycling generated by single-family residential customers in Hunter Ranch and Cole Ranch MPCs and surrounding areas in the year 2040. Table 8-1 presents a planning-level estimate of typical direct capital, operating and hauling costs for a transfer station managing 25,000 tons per year and with additional design capacity to accommodate growth or third-party tonnage. The size of the transfer station will vary based on site-specific conditions, usage of the facility and the location of disposal and/or processing facilities. The costs shown are only direct costs,where other costs that may be incurred during the development and operation of a transfer station are not included such as land purchase,potential utility relocations, potential environmental mitigation(e.g.,wetlands,threatened and endangered species), access road development(i.e.,roads leading to the site),profit margin and income taxes (for public-private partnership),fund transfers(for public-sector operations), and other indirect/overhead costs. Therefore, the values shown in Table 8-1 do not represent the total costs for owning and operating a transfer station. Table 8-1: Transfer Station Direct Costs' Annual Cost Site/Building Capitalz $184,800 Equipment Capital $99,286 On-Site Operations $691,520 Hauling $413,932 Total $1,389,538 Cost/ton $55.58 1. These items only include direct costs and do not include items that may be incurred during the development and operation of a transfer station including utility relocation,wetlands mitigation,land purchase,access road development(i.e.,roads leading to the site),fund transfers and/or shared overhead costs. 2. Base estimated site/building capital costs,overall site engineering,scales, scalehouse,and other environmental management infrastructure totaling $5.3 million and annualized over 20 years using a four percent cost of debt. The following descriptions provide further detail of each cost category shown in Table 8-1: City of Denton, Texas 8-3 Burns&McDonnell 583 584 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure • Site/Building Capital. This cost category includes one-time costs required to start transfer station operations such as engineering design,permitting and legal fees,building and site development, equipment mobilization, site improvements, installation of scale house and scales. Total site/building capital costs estimated at approximately$5.3 million and are shown in Table 8-1 amortized over 20 years. • Equipment Capital Costs. This cost category includes annual capital costs requirements that support the purchase of equipment. • On-Site Operating Costs. This cost category includes annual costs required to operate a transfer station facility including personnel salaries and benefits, equipment operating and maintenance, building maintenance and utilities. • Hauling Costs. This cost category represents the cost of hauling material to disposal at a distance of 20 miles. Hauling represents significant cost to the operation and is largely dependent on the distance to disposal. For example, increasing the distance of disposal from 20 to 90 miles for a transfer station that processes 25,000 tons per year would increase the cost of hauling from approximately$414,000 to$765,000. Based on cost of service data provided by the City, constructing and operating a transfer station to manage material generated in southwest Denton would increase waste and recycling costs by nearly $546,000 per year compared to direct hauling(as shown in City of Denton, Texas 8-4 Burns&McDonnell 584 585 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure Table 8-2). Use of a transfer station would provide an estimated$990,000 savings from increased collection efficiency;however,the costs associated with the transfer station facility(including capital, equipment, operations, and maintenance)and hauling are greater at$1,536,000 than the financial benefits that could be realized from increased transportation efficiency. City of Denton, Texas 8-5 Burns&McDonnell 585 586 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure Table 8-2: Estimated Financial Feasibility of a Transfer Station Compared to Direct Haul Annual Savings' Collection Operations Refuse Collection2 $660,000 Recycling Collection2 $330,000 Transfer Station Hauling3 ($414,000) Transfer Station Facility4 ($1,122,000) Total Savings ($546,000) 1. Annualized based on 25-year facility life and 7-year life for equipment. Negative values indicate an increase in direct costs. 2. Based on cost of service information provided by the City. 3. Hauling from transfer station to Denton Landfill(refuse)and Pratt MRF (recycling). 4. Includes site/building capital,equipment capital,and on-site operations as defined in Table 9-1. While the anticipated growth in the City represents a significant increase,the estimated single-family residential tonnages from the Hunter Ranch and Cole Ranch MPCs and surrounding communities is of relatively small scale for a multi-material transfer station(approximately 25,000 tons per year refuse and recycling).As a result, the financial feasibility of a transfer station to manage only this waste is limited. One option to improve feasibility from a financial perspective is to allow third-party tonnages to benefit from economies of scale. Based on the analysis performed by Burns&McDonnell,the transfer station approaches financial feasibility if at least 35,000 tons per year of third-party material is also managed through the transfer station. This would require that the facility more than double the amount of material from only the City in order to become financially feasible. 8.1.3 Long-Term Considerations for a Transfer Station While this evaluation indicates that a transfer station designed to manage Hunter Ranch and Cole Ranch and surrounding routes is not financially feasible at estimated 2040 tonnages,the City should continue to consider a transfer station as part of long-term infrastructure planning. There are approaches that could be used to increase the financial feasibility or operational benefits to a point where transfer station construction would be favorable. In addition to the acceptance of third-party tonnage,the City could consider public-private partnership as well as the expansion of services at the site.As needs arise due to City of Denton, Texas 8-6 Burns&McDonnell 586 587 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure growth in the southwestern portion of the City(e.g.,need for fleet yard,municipal service building, recycling drop-off, etc.)and the regional disposal market shifts due to facility closures, a transfer station may become more financially feasible in the future. Should the City decide to pursue a transfer station in the future,the City is likely well-positioned to obtain an approved registration from the TCEQ for the construction and operation of the site. The permitting requirements under 30 TAC §330.9(e)allow for a registration process(rather than full permitting) for transfer stations that can demonstrate the following: • Ten percent or greater(by weight) of incoming waste streams is recovered for reuse or recycling; or already reduced through programs such as curbside recycling. • The non-recyclable and non-reusable incoming materials are transferred to a permitted MSW landfill located within 50 miles of the transfer station. Given the City's established recycling programs and the location of the Denton Landfill with respect to potential transfer station locations,the City would likely be able to pursue this registration approach. This can help to reduce costs and expedite the permitting process. 8.2 Development Code and Community Planning This section discusses current development trends and the City's approach to determining if proposed new development can be safely serviced by waste and recycling fleets. 8.2.1 New Urbanism and Development Trends A shift toward more multifamily and condensed development is a current or planned trend among many cities in the North Central Texas region to reduce development sprawl and create more environmentally and socially conscious housing. As described in Section 4.3.1, currently planned residential growth throughout the City includes both in-fill development as well as large master planned communities (MPCs).New MPCs increasingly include elements of New Urbanism(i.e., development that creates walkable,mixed-use neighborhoods)and may be designed in accordance with SmartCode to accommodate environmental techniques such as reduced usage of impervious cover(e.g.,pavement, asphalt, cement),increased usage of green spaces(e.g.,parks, fields, gardens), and more walkable or multi-modal transit(e.g.,bicycle lanes,trolley tracks). Compact mixed-use and high-density development can create challenges for solid waste collection activities. If zoning requirements and design codes do not account for the needs of collection vehicles or equipment,it can create challenging collection environments such as: City of Denton, Texas 8-7 Burns&McDonnell 587 588 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure • Inaccessible alleys. Service location in narrow or obstructed alleys, alley subsurface under- engineered to support the weight of collection infrastructure, ingress and egress not protected thus hindering access by heavy municipal equipment. • Private drives with limited maneuverability. Service locations only accessible by private drives. • Cul-de-sacs with inaccessible set outs. Service locations on Cul-de-sacs that are too small or contain obstructions. • Hammerhead or dead ends. Service locations on hammerhead(i.e., dead-end streets that end in a"Y"shape) or dead-end streets with undersized turn radii. • Boulevards. Service locations on arterial roads that contain obstacles for collection due to multi- modal transportation lanes. The City's current approach to reviewing new development reflects collaboration between the SWR and Development Services departments to review plans and discuss the serviceability of designs. The City is currently modifying the development criteria to address potential issues such as alleys and enclosures, and the process has proactively included SWR staff. Continued collaboration becomes more critical as development trends continue to evolve and the number of residential developments that are inaccessible by standard collection vehicles potentially increases. The City should continue to be proactive in identifying and addressing potential challenges and collaborating on modifications to criteria. 8.2.1.1 Case Studies: Considerations for SmartCode and Permit Review Multiple cities across Texas are experiencing collection challenges associated with the implementation of SmartCode development, including Austin,Fort Worth, and San Antonio. Each of these cities have indicated that applications for new developments are provided to its solid waste and recycling collection group for initial review. It is clear,however,that even though this initial review process may be sufficient for the needs of fire truck equipment,the needs of solid waste and recycling collection vehicles require additional attention regarding interim applications or amendments. This is because solid waste and recycling collection vehicles will visit these locations more frequently than emergency fire vehicles. Additionally: • Fort Worth noted that even after reviewing initial permits, developments were still being installed that did not meet the needs of solid waste and recycling collection equipment. City of Denton, Texas 8-8 Burns&McDonnell 588 589 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure • Fort Worth indicated that it is challenging to devote resources to interim reviews. San Antonio shares this challenge and suggested that a potential solution could be to form a dedicated team be to manage interim reviews. • Austin indicated that it has a strategic development team that is dedicated to tracking policy development and reviewing inconsistencies in code that would impact solid waste and recycling collection vehicle accessibility. This team works closely with Austin's Planning and Zoning Department. • San Antonio has developed a committee that seeks to ensure the safest and most efficient solid waste and recycling collection equipment is able to remain in operation. This committee is tasked to create an informational bulletin that would serve as the policy to determine criteria for SmartCode policy implementation.Recommendations may include variable fee structures, minimums for ASL service and emergency fire equipment, cart set out placement,parking restrictions, and protocols for private haulers. 8.3 Recycling Program and Policy Options to Address Growth As the City's population continues to grow substantially over the next 20 years,there is a corresponding anticipated increase in the amount of waste and recycling generated in the residential and commercial sectors. With new development to support this growth, additional quantities of C&D debris will also be generated. This section discusses program and policy options to recover more of the recyclable material in the single-family residential,multifamily, commercial,and C&D sectors, including examples that have been implemented in other cities. More information on these options,including model ordinance language and considerations,can be found in the NCTCOG's Recycling Ordinances and Building Design Guidelines report.61 8.3.1 Residential Recycling Options Currently,the City provides cart-based recycling service to single-family residences and curbside collection of yard wastes with the option to use carts or kraft bags.As described in Section 5.0,the City conducts extensive education and outreach efforts to provide both specific program information(i.e., time and day of collection)and general environmental awareness(i.e.,why recycling is worthwhile). The following programs and policies present options for the City to enhance participation and improve performance of the residential program. 61 Available online at:hltps://www.nctcog.org/nctcg/media/Environment-and- Development/Documents/Materials%20Management/Final_Report-Ordinances_Guidelines_August 2009.pd City of Denton, Texas 8-9 Burns&McDonnell 589 590 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure Scaling the cart auditing program. The City has implemented a"Lift the Lid"cart auditing program with cart tagging. This program could be expanded to other areas with high contamination(refer to Section 5.2.2 for more details). Compliance incentive programs. Options include cart removal for repeatedly contaminated carts (e.g., a"three-strike"approach) or additional fees for excessive and/or repeated contamination,with the provision of a waiver if the resident engages in further educational efforts(refer to Section 5.2.3 for more details). Material collection ordinances/bans. Materials could be banned from the landfill to encourage recycling. Similarly, local governments can enact ordinances specific to the collection of material. For example, some local governments enact prohibitions on yard trimmings comingled with refuse. These options are described in more detail in Section 7.2. Adjusted Pay-As-You-Throw(PAYT) pricing tiers.A common strategy used by cities to drive increases in recycling percentages and to meet recycling goals is to implement a PAYT rate structure. Generally,the larger the price differential between large(e.g., 95 gallon)and small(e.g., 65 or 32 gallon) refuse carts,the lower the demand for large carts. The trend toward small trash cart sizes incentivizes recycling and/or waste reduction by residential customers. The City's price differential between 95-gallon and 65-gallon carts($4.53 in 2021)is lower than those of Fort Worth, San Antonio, and Austin.Prior to implementing any PAYT adjustment,the City's recycling contamination must be addressed. Otherwise, contamination rates in recycling carts may increase if residents move to a smaller cart to cut cost and then place additional refuse in the recycling cart. 8.3.2 Multifamily Recycling Options An estimated 30.4 percent of the housing units in the City of Denton are multifamily housing units(Table 3-2), and housing development trends suggest this percentage is increasing. The City is the exclusive provider of multifamily refuse collection and disposal services. The City provides residential curbside recycling services to some multifamily units (four or fewer units)through the residential curbside recycling program and to some larger multifamily buildings through the commercial recycling collection program. For the majority of multifamily units that do not receive residential curbside recycling services from the City,the multifamily properties will contract with a private hauler should the property elect to offer residents recycling services. City of Denton, Texas 8-10 Burns &McDonnell 590 591 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure Approaches to increasing multifamily recycling can include programs provided by the City,private hauler, and/or multifamily property managers. The following programs and policies describe options for the City to enhance participation and improve performance of the multifamily recycling program. Expanded drop-off service. One challenge for implementing mandatory multifamily(or commercial sector)recycling is lack of space for a recycling dumpster at some properties. Expanding drop-off options within the City can increase recycling access to all users, especially multifamily residents without recycling service. The City currently operates two unstaffed drop-off locations. The City could expand drop-off service through the creation of additional unstaffed location(s);however,due to contamination concerns unstaffed locations are best suited for the collection of a more limited set of materials(e.g., cardboard and single-stream recycling containers). Staffed drop-off stations represent a notable increase in labor costs but would allow the City to collect other materials(e.g., staffed densifier to collect clean expanded polystyrene,metals,textiles, etc.). Mandatory multifamily recycling. Mandatory recycling ordinances require property owners and/or managers to establish recycling program for residents of multifamily dwellings. Typically,these ordinances do not require that residents use the service, only that a specific recycling service level is made available. By defining a service level(e.g.,materials, frequency, capacity per unit), cities are able to provide a more uniform or standardized program to residents independent of which hauler services a multifamily program. The requirements of City of Dallas' multifamily recycling ordinance went into effect in 2020, and require multifamily properties with eight or more units to have a defined level of recycling service. Dallas' Multifamily Recycling Ordinance is described in more detail in Section 8.3.2.1. The City of Austin's Universal Recycling Ordinance,described in more detail as a commercial recycling case study(Section 8.3.3.1), also applies to multifamily properties with five or more units. Mandatory hauler-provided recycling services. Local governments can require haulers,via ordinance, to provide recycling services to certain customers(e.g.,type, size)including multifamily. This type of ordinance places the burden of compliance on haulers rather than individual businesses. Hauler-provided recycling requirements are structured such that commercial haulers operating in the city to perform actions such as providing recycling carts,providing a specific collection frequency,including specific designated materials in the recycling program, and performing education and outreach to affected customers. Placing the requirement on haulers is much less common than placing the requirement on the businesses. The State of Connecticut's mandatory hauler-provided recycling requirement is described in more detail in Section 8.3.2.1. City of Denton, Texas 8-11 Burns &McDonnell 591 592 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure 8.3.2.1 Case Studies: Multifamily Recycling Options The following case studies provide examples of the multifamily recycling options presented in Section 8.3.2 Multifamily recycling ordinance: City of Dallas, Texas. In 2018,the City of Dallas approved a multifamily recycling ordinance requiring property owners/managers to offer access to either valet,dual stream,or single stream recycling service at multifamily buildings(defined as eight or more units). Some multifamily buildings are eligible for recycling collection service from the city's commercial recycling service. For others,property owners/managers must contract recycling service through a hauler that has received a City of Dallas recycling hauler permit. Materials collected in the multifamily program must be consistent with the city's single-family residential program(i.e.,paper, cartons, cardboard, and containers made of glass,metal,or plastics#1-7). Collection frequency must be at least weekly and provided to residents in a similar method to refuse collection(i.e.,if refuse collection is valet,then recycling should also be valet). The ordinance outlines specific education and outreach requirements for both the property owners/mangers(e.g.,training staff,providing education to residents)as well as haulers(e.g.,bin signage), annual registration and reporting requirements for both property owners/managers and haulers, and multifamily inspections for compliance. The ordinance requirements went into effect January 1,2020. Mandatory hauler-provided recycling service: State of Connecticut. As of 2012, all refuse collection contracts between haulers and customers in the State of Connecticut must also include recycling collection for a designated set of recyclable materials. The requirement applies to all commercial and residential customers unless they already have a recycling collection contract in place with another hauler. The designated set of recyclable materials are: • Plastic containers (PET,HDPE) • Paper and paperboard(cardboard,boxboard,magazines, office paper,newspapers, etc.) • Glass food and beverage containers • Metal food and beverage containers • Scrap metal • Waste oil • Leaves and grass clippings • Batteries(lead-acid,Ni-Cd rechargeable) • Residential electronics City of Denton, Texas 8-12 Burns &McDonnell 592 593 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure 8.3.3 Commercial Recycling Options The City is the exclusive provider of commercial refuse collection and disposal services in the City. Commercial entities can contract with the City for recycling services,including typical recyclables and brush/yard waste. The City provides valet service to commercial entities in a specific area of downtown, which includes a planned food waste diversion pilot program(refer to Section 6.6 for more details). Approaches to increasing commercial recycling can include programs provided by the City,private hauler, and/or property managers. The following programs and policies describe options for the City to enhance participation and improve performance of the commercial recycling program. Expansion of commercial food waste program. As discussed in Section 6.6,the City currently provides food waste service to a limited number of a large-quantity generators(big-box stores)and has planned a food waste diversion pilot as part of the valet service in the historic downtown area. Depending on the success and lessons learned from the pilot program, food waste diversion services could be expanded to be a subscription service option Citywide. Recycling rewards and recognition programs. Awards and recognition programs for commercial establishments can provide incentive for businesses to recycle. Awards and recognition programs typically provide public recognition for commercial businesses that have developed exceptional or innovative recycling programs. Awards and recognition programs can be accounted for in a community's recycling ordinances. However,it is also possible to create an awards and recognition program that is not mentioned within a city's ordinances. This option is probably the easiest for the City to implement, as it could be part of the existing green business program,but also will likely result in the least amount of diversion. Mandatory commercial recycling programs. The City may enact an ordinance that requires commercial establishments to develop recycling programs. Many cities that have implemented this type of ordinance have done so in stages, starting with larger businesses and gradually phasing in requirements for smaller businesses.Austin's URO,which applies to both multifamily and commercial properties,is described in more detail in Section 8.3.3.1. Mandatory hauler-provided recycling services. Local governments can require haulers,via ordinance, to provide recycling services to commercial customers. This type of ordinance places the burden of compliance on haulers rather than individual businesses. Placing the requirement on haulers is much less common than placing the requirement on the businesses. The State of Connecticut's mandatory hauler- provided recycling requirement is described in more detail in Section 8.3.2.1. City of Denton, Texas 8-13 Burns &McDonnell 593 594 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure Material disposal bans. Disposal ban ordinances prohibit commercial establishments from disposing designated materials. In addition,these ordinances can prohibit disposal facilities in the community,such as landfills and transfer stations, from accepting the prohibited materials for disposal. These ordinances go one step beyond requiring recycling by banning specific materials from being disposed. Disposal ban ordinances are commonly enacted in conjunction with a mandatory recycling ordinance. Prior to implementing a disposal ban,the City would need to ensure the processing capacity was available to handle the increase in material before enacting the ban. 8.3.3.1 Case Studies: Commercial Recycling Options The following case studies provide examples of the commercial recycling options presented in Section 8.3.3. Mandatory Recycling Ordinance: Austin,Texas. The City of Austin implemented a Universal Recycling Ordinance (URO)that requires commercial,multifamily(defined as five or more units), and food-permitted properties(i.e.,those with a food permit)to provide access to diversion services for their employees and/or tenants. The ordinance requires access to recycling of single-stream materials (i.e., paper,plastic,metals, glass) and, if the property is food-permitted,diversion of organics. Property owners may choose the method by which materials are collected and diverted,including: • Contracting with a city-licensed hauler for recycling and/or organics collection services • Self-hauling materials to a materials recovery facility(MRF) or composting facility • Alternative food diversion methods such as donation to food banks, farms, or community gardens The URO was adopted by the city council in 2010. Implementation began in 2012 and was tiered and based on size(square footage) of a business,with larger businesses becoming subject earlier. Currently, approximately 15,000 entities within the city are subject to URO requirements. For recycling, commercial entities may comply with the ordinance by meeting a 50 percent diversion capacity by volume(measured by service capacity ratios; most entities choose this option) or by meeting an 85 percent diversion rate by weight. Multifamily properties comply with the URO if they provide a minimum capacity of single-stream recycling per unit per week. For organics,food-permitted entities comply by providing one or more organics diversion options(including waste reduction)to employees. URO organics diversion requirements do not address businesses that generate organic materials(e.g., from landscaping activities)but are not food-permitted businesses. City of Denton, Texas 8-14 Burns &McDonnell 594 595 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure Each URO-subject property must submit an Annual Diversion Plan for recyclables and food-permitted properties must also submit an Organics Diversion Plan. Plans are submitted online through the Re- TRAC Connect platform.Annual Diversion Plans and Organics Diversion Plans allow the city to compile data regarding compliance with the URO service requirements. Generally,business do not report data on material quantities, so the city relies on semi-annual reports for material tonnage data. Haulers are required to provide the city with semi-annual tonnage reports to maintain a hauling license with the city. 8.3.4 C&D Recycling Options As the City continues to grow, construction and renovation activity will lead to increased generation of C&D debris.Historically,the City optimized C&D diversion efforts by diverting select loads from the landfill to be sorted at its Building Material Recovery(BMR) location;however,this program has been discontinued due to challenges with the cost-effectiveness of operation and the ability to actually divert materials from the landfill(refer to Section 4.1.5). The following programs and policies describe options for the City to increase the diversion of C&D materials from landfills. Since nearby C&D processing capacity exists for materials that cannot be reused, there is the opportunity for the City to drive recycling of this material through various partnerships, incentives and/or policy mechanisms. Establishing a building material reuse facility.A large portion of C&D materials can be in reusable condition, such as cabinets, doors, fixtures and equipment, flooring material,windows, and raw materials (e.g.,lumber,pipe, sheetrock). Cities programs can facilitate C&D reuse by establishing reuse warehouses,where a defined set of generators(e.g., contractors,residents) and end users (e.g.,residents, non-profits) are eligible to drop off or pick up materials. C&D reuse facilities can play a symbiotic role with existing or future green building and deconstruction programs,by receiving materials from deconstruction projects that can then be used to meet green building requirements for other projects. The City should consider using available space at SWR's warehouse"Building 651"also located on S. Mayfield Road to establish a reuse warehouse for C&D items. If the City were to establish a C&D reuse facility,favorable pricing could be set at the nearby Denton Landfill for clean loads(similar to how brush is handled for composing). The City of Houston's C&D reuse program is described as a case study in Section 8.3.3.1. Municipal green building programs.Municipal green building programs are used to encourage or require sustainable building practices,typically for City-owned buildings. Once established, a municipal green building program may be expanded to the private sector as well. In green building programs,the City of Denton, Texas 8-15 Burns &McDonnell 595 596 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure entity responsible for the project is required to address specific elements of sustainability(e.g.,water conservation, energy efficiency,indoor air quality,waste minimization)by implementing specific actions and/or being eligible for a specific certification(e.g.,Leadership in Energy and Environmental Design (LEED) Silver, Green Built Texas).As part of these programs,projects typically must develop and implement a construction waste management plan that identifies the materials to be diverted from disposal and whether the materials will be sorted on-site or commingled. Green building programs in the cities of Austin, Texas(a voluntary City-developed rating system),Frisco,Texas(a mandatory program for single-family construction) and Dallas,Texas(a LEED-based requirement for public works) are described as case studies in Section 8.3.3.1. C&D permit fees or deposits. During the permitting process, cities may incorporate an additional green building fee or deposit. For developers that provide the proper documentation for reusing or recycling a certain percentage of the material from a project site,the C&D permit fee would be waived, or the deposit refunded. The City of Plano's C&D Recycling Deposit Program is described as a case study in Section 8.3.3.1. Buy-recycled procurement programs.Procurement programs for recycled-content products can apply to C&D debris by mandating that local government agencies buy recycled-content products as their first choice in purchasing supplies. Recycled C&D materials typically must meet all existing building codes, standards, and specifications. The major advantage of a buy-recycled program is its ability to increase the market for recycled C&D material. Environmental procurement programs(EPP)are discussed in more detail in Section 10.6.1. Landfill disposal surcharges.As described in Section 7.1, landfill pricing(or surcharges) can be used to encourage the recycling of specific materials.With a C&D disposal surcharge ordinance,the City could require C&D haulers to pay a surcharge for the disposal of C&D debris at the Denton Landfill. However, it is important to set the fee at the appropriate level to encourage haulers to recycle this material(such as at the Champion C&D MRF)rather than disposing at a nearby landfill accepting C&D waste at a lower gate rate. If the City were to implement C&D surcharges,pricing should be set and updated based on routine landfill market studies. Mandatory C&D debris recycling. A mandatory C&D debris recycling ordinance typically requires developers to recycle or reuse C&D debris generated from projects. The ordinance typically will include a list of the materials that are designated as recyclable and reusable. The City of Austin's C&D Recycling Ordinance is described as a case study in Section 8.3.3.1. City of Denton, Texas 8-16 Burns &McDonnell 596 597 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure 8.3.4.1 Case Studies: C&D Recycling Options The following case studies provide examples of the multifamily recycling options presented in Section 8.3.4. City-operated C&D reuse facility: Houston,Texas. The City of Houston has operated a building materials Reuse Warehouse since 2009. The site accepts donated construction materials from most entities,including individuals,contractors, suppliers,builders and remodelers.Materials can be picked up for free by any non-profit organization. In turn,non-profits may use these materials directly or make materials available to individuals. City-developed green building rating system: Austin,Texas. The City of Austin developed the first green building rating system in the early 1990s. The Austin Energy Green Building(AEGB)program assigns a five-level certification(i.e., star rating) for buildings based on a detailed checklist.While the program is voluntary for most properties,AEGB ratings are required for buildings in certain development districts and for some affordable housing incentive programs. Builders have the option to decide which waste minimization actions to incorporate,including using at least one 50 percent recycled-content material,recycling all lumber over two feet in length, and reuse or recycling of specific C&D materials (e.g., stone,metal, OCC). Public works green building program: Dallas, Texas.As a component of its 2003 Bond Program for capital improvements,the City of Dallas included a requirement that all C&D projects over 10,000 square feet must be LEED Silver Certified. In 2006,the Green Building Program policy was updated, increasing the requirement for new public works facilities under the 2006 bond program to achieve LEED Gold Certification. Commercial green building program: Frisco,Texas. The City of Frisco developed a Commercial Green Building Program. The program addresses multiple sustainability topics(e.g., energy efficiency, water conservation) and includes the requirement that no waste concrete or metal from C&D projects may be landfilled. C&D deposits or rebates: Plano,Texas. The City of Plano has implemented a C&D Recycling Deposit Program as an incentive to encourage Plano construction contractors to recycle on-site debris and divert it from local landfills. The amount of the deposit required by Plano is based on project type and square footage and is refundable in full or in part based on the project's documented diversion rate. Plano's program began in 2009 and was reinvigorated when Toyota located its Manufacturing Product Innovation Center campus to Plano in 2014 due to the significant increase in construction materials generated. The City of Denton, Texas 8-17 Burns &McDonnell 597 598 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure program was intended to cause behavior change and increased diversion from new construction projects exceeding 10,000 square feet and demolition or renovation projects exceeding 5,000 feet. Revenue generated from unclaimed deposits is used to support sustainability initiatives that benefit the community. C&D recycling ordinance: Austin,Texas. The City of Austin has a Construction and Demolition Recycling Ordinance intended to increase recycling and reuse of C&D materials. The ordinance sets minimum diversion requirements for building projects(single-family,multifamily and commercial)that exceed 5,000 square feet as well as all multifamily and commercial demolition projects. The ordinance went into effect on October 1,2016. Contractors demonstrate compliance by achieving a minimum diversion rate of 50 percent or disposing of less than 2.5 pounds of material per square foot. Affected projects are required to submit a form through the Re-TRAC Connect platform for the city to collect and analyze relevant data.Projects affected by the ordinance between 2016 and 2019 reported diverting 70- 85 percent of material generated. However,the city has indicated that project reporting has steadily declined since the ordinance was first implemented and therefore the high diversion reported under the C&D Ordinance could be a result of only higher-diversion projects reporting results. The city is currently developing an enforcement program to increase the number of projects that report results. 8.4 Data Needs for Licensed Hauler Reporting Recycling data is an essential component of developing, implementing, and assessing the impact of any policies or ordinances the City may enact to enhance recycling participation.Multiple permitted haulers operate within the City to provide for the collection,transportation, and processing of multifamily and commercial recyclables; and because of this,quantities of recyclables collected in these sectors are not fully known. The City has developed enhancements to Chapter 24 of the Code of Ordinances to obtain data from waste manifests and other diversion activities(e.g.,metals facilities, donation boxes). The City's focus on improving reporting from permitted haulers is consistent with trends to focus on reporting from haulers,rather than generators or processors,to improve data collection, as demonstrated in the case studies presented in Section 8.4.1. 8.4.1 Case Studies: Hauler Reporting Dallas,Texas. Collection services for commercial and multifamily entities in the City of Dallas are primarily provided by private haulers that are granted non-exclusive franchises, or the right to operate and conduct business within the City. Over 200 haulers hold franchise agreements with the City. The City adopted an ordinance, effective January 2020,to address the need to obtain consistent and complete recycling data for multifamily customers,that establishes requirements for haulers of multifamily City of Denton, Texas 8-18 Burns &McDonnell 598 599 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure recyclables within the City. Multifamily recyclables haulers must apply for and be granted a permit to operate by the City. Permitted haulers are required to submit an annual report to the City detailing tonnage of recyclable material collected from multifamily sites within the City,the average number of multifamily units served, and total weekly collection capacity provided,recyclables processing facilities utilized,and residue and rejected load information,among other reporting requirements62. The City of Dallas also requires,by ordinance, apartment complex owners and/or managers to submit an annual recycling plan and affidavit of compliance to obtain or renew its multi-tenant permit on an annual basis. Apartment complexes are required to use a permitted recycling collector,provide weekly collection service, and educate tenants about program and recycling requirements. The City of Dallas Office of Environmental Quality& Sustainability works closely with the Code Compliance department to enforce the multifamily recycling ordinance requirements as part of the approval and issuance of multi-tenant permits. The City of Dallas consulted with multiple other Texas and national cities, including Austin, regarding their challenges and successes in obtaining quality data from the multifamily and commercial sectors,to inform development of the newly adopted ordinance. Minneapolis,Minnesota. Collection services for commercial and multifamily entities in the City of Minneapolis are primarily provided by private haulers that obtain a hauling license from the City and does not require private haulers and the City to enter into franchise agreements. The City of Minneapolis has ordinances in place requiring both commercial properties (implemented 2011) and multifamily properties (implemented 1991)to provide recycling opportunities onsite for tenants and residents. Further,the State of Minnesota mandated commercial recycling in 2014.63 Private haulers servicing commercial and/or multifamily customers within the City of Minneapolis are required to obtain a hauling license from the City. The City has a long-standing ordinance(implemented 1995)requiring commercial recycling haulers,including those servicing multifamily properties,to provide semi-annual reports to the City. Reporting requirements include the address of each commercial and multifamily recycling customer serviced,total tonnage of commercial and multifamily recyclables collected within the City, and the processing facility or end-markets utilized. Seattle,Washington. Trash collection services for commercial and multifamily entities in the City of Seattle are provided through a zoned franchise system with a limited number of additional haulers providing recycling and organics collection in the City. The City of Seattle has ordinances first implemented in 2003 requiring residential,multifamily,and commercial customers to separate recycling and organics from trash. Commercial recycling and organics haulers and processors submit annual 62 https://dallasciiyhall.com/departments/sanitation/Pages/commercialrecycling.aspx 63 http://www.ci.minnegpolis.mn.us/solid-waste/recycling/commercial-recycling City of Denton, Texas 8-19 Burns &McDonnell 599 600 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure reports to the City to maintain their City of Seattle Recyclers Business License.64 Reporting requirements include tons recycled or composted,by material, and disposition of processed material. Once reports are received,the City analyzes the reports to ensure tons reported by haulers and processors are not double counted. If a hauler does not report,the City estimates amounts hauled based on historic reporting(if available). Commercial recycling haulers that fail to submit annual reports have received fines." Los Angeles,California. Collection services for commercial and multifamily entities in the City of Los Angeles are provided through a zoned franchise system. The State of California adopted an ordinance in 2014 that requires businesses and large multifamily properties (five units or more)that generate four or more cubic yards of solid waste per week to arrange for recycling services. In 2017,The City of Los Angeles launched recycLA,a public-private partnership that offers universal recycling services to all commercial and industrial businesses, institutions, and large multifamily buildings. The program divides the city into 11 zones serviced by seven franchised service providers,and all commercial and multifamily buildings in each zone are serviced by a single franchise service provider. The City of Los Angeles provides oversight to each service provider to ensure they comply with the City's reporting requirements and provide public education to enhance recycling opportunities.66 Franchise contracts require haulers to report a wide variety of detailed information including but not limited to:67 • Customer account, contact,billing, and service inquiry data • Customer service level data associated with each account and location by collection stream • Diversion reports and tonnages of materials delivered to certified facilities by collection stream • Documentation of outreach and education efforts • Data about field operations, staffing levels,fleets, safety trainings and meetings, and injury and illness prevention 8.5 Key Findings and Recommendations The following presents consolidated key findings and recommendations related to planning for the City's anticipated growth,as a basis for the Strategy to Plan for Future Growth and Infrastructure described and evaluated in Sections 11.4 and 12.0. "http s://www.seattle.gov/Documents/Departments/SPU/Documents/Plans/S W_Plan_015204.pdf "Specific information regarding level of fees and penalties for non-compliance with reporting requirements was not available. "https://www.lacitysan.org/san/faces/home/portal/s-lsh-wwd/s-lsh-wwd-s/s-lsh-wwd-s-zwlaf?_adf.ctrl- state=ci5fl6vqu 5&_afrLoop=4891411484568428#! 67 Refer to Table 10-1 in the exclusive franchise contract: hltps://www.laci. san.org/cs/ rg oups/public/documents/document/y250/mde0/—edisp/cnt014118.pdf City of Denton, Texas 8-20 Burns &McDonnell 600 601 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure • The City can consider a transfer station in municipal facility planning,but financial feasibility would not be realized in the near term.While operational benefits could be obtained from a transfer station,the facility would not be financially viable through the 2040 planning horizon if only managing the projected tonnages from the Hunter Ranch and Cole Ranch MPCs and nearby service areas. The facility financials improve if outside tonnage of at least 35,000 tons of third-party material is also managed through the facility(and subsequently managed at the Denton Landfill or Pratt MRF). Adding additional services or programs at the site may also improve feasibility. • The City has taken a proactive approach to address development trends that present collection challenges or create unserviceable areas. Continued collaboration between SWR and Development Services becomes more critical as development trends continue to evolve and the number of residential developments inaccessible by standard collection vehicles potentially increases. As construction in large MPC developments increases and continues in future years, the City should continue to be proactive in identifying and addressing potential challenges and collaborating on modifications to criteria. • A lack of data related to multifamily, commercial,and C&D recycling presents a challenge for the City to assess the success of any future recycling incentive programs. The City's efforts to increase access to recycling data through hauler manifests and other recycling activities (e.g., drop-off boxes,metal recyclers)will provide valuable information to inform future decision-making on any policies and programs to enact for multifamily and/or commercial recycling. • Most approaches to increasing recycling,especially in multifamily and commercial sectors, focus on increasing(or mandating) access to programs; however,if recycling contamination is not addressed,increased recycling access will be detrimental rather than beneficial to the recycling system.Mandated recycling programs, such as through a universal recycling ordinance, increase recycling participation through improved access to programs.However,the City currently faces contamination challenges especially from multifamily and commercial generators. When contamination rates are too high for the material to be processed effectively at the MRF,these loads are taken to the Denton Landfill for disposal. It is of crucial importance to reduce contamination prior to implementing policies such as recycling mandates in the multifamily or commercial sectors, so that these programs yield clean recyclable material. A phased approach of customized diversion incentives& strategies for residential, multifamily, and City of Denton, Texas 8-21 Burns &McDonnell 601 602 Comprehensive Solid Waste Management Strategy Planning For Future Growth & Infrastructure commercial sectors should be established with long-term options to expand(as warranted). For example: o Reduce recycling contamination. Options and recommendations are outlined in the Strategy to Enhance Education,Outreach and Compliance. Sector-specific options include cart removal for single-family residential and an ordinance allowing the City to establish contamination requirements and reclassify highly contaminated commercial recycling loads as refuse(for which the City is the exclusive service provider). o Expand or adjust City programs and partnerships to incentivize recycling, as appropriate.Options such as expanding drop-off programs, adjusting landfill pricing based on market studies, and leveraging partnerships(as described in Section 10.6)can be used to incentivize recycling activity. o Enact recycling ordinances to expand requirements(when needed). Consider options such as residential PAYT pricing changes and mandatory commercial and multifamily recycling on a longer timeline to allow the City to first address contamination and collect necessary data from the commercial sector to determine the most appropriate approach. • The City is well-positioned to directly support C&D reuse and take steps to incentivize the use of existing C&D recycling capacity in the region. From a sustainability perspective, material reuse is preferred to recycling. The City should consider establishing a City-operated C&D Reuse Warehouse at Building 651,to provide a local option to divert reusable C&D material from the Denton Landfill and be a source of building materials for local entities.A reuse warehouse can also support future C&D policies that encourage or require C&D diversion and/or use of recycled materials.Nearby C&D processing capacity exists(e.g., Champion C&D MRF), and the City should consider a variety of options to encourage recycling potentially through a combination of landfill pricing and ordinance rather than establishing a City-operated C&D recycling facility. City of Denton, Texas 8-22 Burns &McDonnell 602 603 Comprehensive Solid Waste Management Strategy Recycling Processing 9.0 RECYCLING PROCESSING Effective recycling programs can provide environmental, diversion,and financial benefits, especially as residents and commercial entities increasingly value sustainability. Recycling services in Denton are provided through multiple City programs and partnerships,including the Lease and Regional Recyclable Processing Agreement(Recycling Agreement)with Pratt Industries for the operation of the Pratt MRF. One of the largest challenges currently facing the City's recycling program is contamination(garbage and non-programmatic recyclable material). This section includes an evaluation of the programs and opportunities to minimize contamination and other challenging materials in the recycling stream, an overview of recycling processing agreement best management practices, an evaluation of the City's current agreement with Pratt,and considerations for future recycling procurement. These evaluations are meant to support the City in answering three questions: 1. What options exist to increase the diversion of challenging materials before they reach the MRF? 2. How should the City prepare if Pratt opens the rebate provision for renegotiation in prior to the commencement of the rive-year period beginning October 2,2023? 3. What are the considerations for future recycling processing when the current contract expires? Tactics to implement the Strategy to Optimize Recycling Processing were developed based on the evaluation,case studies,key findings and recommendations presented in this section as well as the outcomes of workshop discussions with City staff. Section 11.5 presents the Strategy to Optimize Recycling Processing in more detail. Section 12.0 provides the implementation plan. 9.1 Minimizing Challenging Materials in the Recycling Stream Contamination is a challenge in many recycling programs, and MRFs may receive many materials that are not suitable for processing at the facility or could be managed through alternatives. These include: • Specific contaminants of concern as determined and communicated by Pratt • Materials such as batteries and needles/sharps that present a safety hazard when received at a MRF • Materials such as textiles or shredded paper that are recyclable but cannot be processed/sorted at a MRF and must be diverted through other programs or facilities City of Denton, Texas 9-1 Burns & McDonnell 603 604 Comprehensive Solid Waste Management Strategy Recycling Processing • Materials such as glass that are recyclable but may not be included in all recycling programs. Currently,these materials are not well-captured at the Pratt MRF The materials described herein are not suitable for processing at the Pratt MRF or not currently well- captured(in the case of glass)because the equipment types and configuration are not designed to segregate and capture these materials. Table 9-1 presents the current system and available alternatives/approaches to managing these materials. Following the table,the current system and recommendation option(s)for each material are described in more detail. City of Denton, Texas 9-2 Burns & McDonnell 604 605 Comprehensive Solid Waste Management Strategy Recycling Processing Table 9-1: Current and Available Management Strategies for Challenging Materials at MRFs' Separate Education Drop-Off Retail Curbside Reuse or & Collection Material Challenge or Concern Facility Drop-Off Collection Donation Outreach Events Film/bags O • • Styrofoam(EPS) Contaminants of concern for O O • Pratt Food •3 O • Glass Not well-captured at Pratt MRF • O O • Sharps O O • O Batteries p • • • Presents a safety hazard for Tanglers recycling collection or MRF • workers Explosives • Home chemical waste • • • • Shredded paper •a • O Textiles Recyclable but not suitable for p • • MRF processing Furniture/bulky items • • • p 1. A closed circle"*"indicates a strategy that is currently implemented in Denton.An open circle"o"indicates an alternative management option or strategy. 2. While a limited number of programs in Texas include film in their single-stream program(e.g.,"bag the bag"),this approach is not recommended compared to opportunities to divert this material from the MRF-bound recycling stream.Therefore,it is not shown as an alternative management option or strategy. 3. Material is currently accepted from residential customers comingled in the curbside yard waste collection program. 4. Material is currently accepted from residential customers comingled in the curbside yard waste collection program or in the recycling cart if bagged in a clear plastic bag. City of Denton, Texas 9-3 Burns & McDonnell 605 606 Comprehensive Solid Waste Management Strategy Recycling Processing 9.1.2 Plastic Film and Bags Plastic film and bags are flexible packaging materials such as Linear Low-Density Polyethylene(LLDPE) and other composite plastics. The low density of this material makes it challenging to capture at the MRF when included as an accepted material, as it acts like paper in among the sorting equipment and mixes with the MRF's paper stream. Rather than being separately recovered at the MRF,plastic film and bags typically contaminate the paper stream or become process residue. This material can enter a MRF either as"wish-cycled"materials that residents believe will be recycled at the MRF or when residents bag their recyclable materials prior to placing them in the curbside cart. Current System.The primary way that recyclable plastic film(e.g.,grocery bags)is recovered is through retail drop-off.Many grocery stores and some other retailers offer bins for customers to drop off recyclable film plastics for recycling. This type of outlet can effectively recycle the plastic film and bags because they are not mixed with other recyclables. Opportunities.With the prevalence of retail drop-off in Denton,the primary opportunity for the City related to film plastics recycling is to raise awareness through education and outreach. The City can leverage existing resources(e.g.,NCTCOG's"Know What to Throw")to raise community awareness of the importance of keeping film plastics out of the recycling cart and the existing opportunities to drop off suitable plastics to retail establishments for recycling. 9.1.3 Styrofoam Expanded polystyrene(EPS,"Styrofoam")foam is a common form of plastic buffer typically found as protection in packaging for consumer goods or in other forms such as packing peanuts. EPS typically enters a MRF as a"wish-cycled"material. While there are processes to recycle clean and dry EPS into new materials,it cannot be recovered through a MRF because is it very lightweight and low-density and will break into tiny pieces,blow off conveyors and contaminate other lines/materials. Current System.Currently there is not an organized system for EPS recycling in Denton. The City's Waste Wizard directs residents who wish to recycle this material to transport it to the drop-off programs in Fort Worth or Frisco. Opportunities. The City could offer an EPS recycling pilot program to residents, co-located with a manned drop-off such as the HCC. Important considerations for starting an EPS drop-off program include capital costs of necessary equipment(i.e., densifier),having a convenient and sufficiently sized location for drop-off, securing a consistently available end market, and effective education and outreach to raise awareness of the program. There are currently multiple cities in Texas with successful with city-operated City of Denton, Texas 9-4 Burns & McDonnell 606 607 Comprehensive Solid Waste Management Strategy Recycling Processing EPS drop-off programs,including the Cities of Austin,Fort Worth, and Frisco (which is described in more detail in the following case study). Case Study: City of Frisco EPS Foam Recycling Program. The City of Frisco provides handling and processing services for this material so it can be recycled cost effectively. The City of Frisco densities EPS using a screw press to create briquettes that can be stored and sold in bulk, as shown in Figure 9-1. The City works with Avangard Innovative for the collection of hard-to-recycle plastics including EPS foam, low-density polyethylene(LDPE)and high-density polyethylene (HDPE).As of August 2019,the City sells this material at about 0.13 cents per pound,which includes shipping. The City of Frisco reports that despite strong interest in the program,material throughput(and revenues)can be limited due to space constraints for storage. Figure 9-1: Densified Briquettes of EPS Foam r � J The City of Frisco's EPS drop-off program is located with its home chemical collection and other hard-to- recycle material drop-off programs at the City's Environmental Collections Center(ECC).As a result,the program convenient for residents who may wish to drop off multiple material types. Similarly,education and outreach efforts to raise awareness of all ECC programs can include the EPS drop-off program, raising awareness efficiently. The City of Frisco has also seen strong awareness growth from word-of- City of Denton, Texas 9-5 Burns & McDonnell 607 608 Comprehensive Solid Waste Management Strategy Recycling Processing mouth, as residents and commercial entities have a strong interest in recycling EPS. Currently,the City of Frisco program is available only to residents,but they receive many requests from commercial entities looking for an opportunity to recycle EPS materials. 9.1.4 Food Food waste, including both pre-and post-consumer materials, can enter recycling systems as contamination when containers are not properly rinsed and dried before recycling. Further description of pre-and post-consumer food waste is provided in Section 6.0. Current System.The City does not operate a dedicated food waste collection program;however, residents may include pre-consumer vegetative waste in their curbside yard waste container or kraft bags. A detailed summary and evaluation of the City's organics management programs is provided in Section 6.0. Opportunities. The City has an established and comprehensive education and outreach program; however, additional resources are available to City staff to promote proper food waste management, including the NCTCOG's"Know What to Throw"campaign content on keeping food out of the recycling bin. In addition to promoting proper disposal of food(i.e.,not in the recycling bin, certain materials suitable for yard waste program),the NRDC's Save the Food campaign(described in more detail in Section 7.6.2)provides information to reduce the amount of food waste generated. These resources are available to the City to supplement education and outreach content related to food waste.Edible food can also be recovered for donation to in-need populations. These partnerships are discussed in more detail as part of the Strategy to Support New Markets and Leverage Partnerships (see Sections 10.6, 11.6 and 12.0). 9.1.5 Glass Clean glass bottles(including clear, amber, and green glass) are part of the typical recyclable stream of curbside recycling programs in many communities across the country. Glass from single-stream collection programs can be a challenging material to process efficiently in older MRFs, or those designed for fiber/dual-stream programs. Processed glass can be challenging financially due to low commodity values and increased wear on MRF equipment. Current System.Glass is collected as part of the single-stream recycling program in the City,including curbside collection and drop-off locations. However,not all Pratt MRF customers include glass as a program material. City of Denton, Texas 9-6 Burns & McDonnell 608 609 Comprehensive Solid Waste Management Strategy Recycling Processing The Dallas-Fort Worth Metroplex area is home to key infrastructure and recycled glass end users to support healthy recycled glass markets, specifically secondary glass processing/beneficiation facilities to further clean and sort glass and produce clean cullet and end users such as bottle and fiberglass manufacturers. Secondary Processors: • Strategic Materials(Midlothian) • Dlubak Glass(Waxahachie) End Users: • Owens Corning(Waxahachie),manufacturer of fiberglass; • Johns Manville(Cleburne),manufacturer of fiberglass; • Potters Industries(Brownwood),Manufacturer of industrial glass beads; and • SWARCO Reflex(Mexia),manufacturer of industrial glass beads. Although Denton is located on the northern edge of the Dallas-Fort Worth Metroplex and further away from the region's glass recycling infrastructure,which is primarily south of 1-20,the City still has competitive access to infrastructure to support glass recycling markets. Clean material is key to maximizing the economic viability and environmental benefits of processing and recycling glass, as environmental benefit is high for end uses such as bottle-to-bottle glass recycling and low or negative for other beneficial uses such as sandblasting or landfill cover. Opportunities. Opportunities to improve glass recycling often focus on contamination, as glass often faces salability challenges due to high levels of contamination. • MRF-focused approaches to improve glass recycling include equipment upgrades that improve the ability to sort and capture glass, and incentives such as MRF standards(e.g.,performance or outbound quality standards) or certification(e.g., Glass Recycling Coalition(GRC)'s MRF Glass Certification)to encourage efficient glass recovery. • Supplemental"glass on the side"collection programs can be used to increase quantities of source-separated, clean glass. For example,a supplemental curbside glass-only collection program could be implemented in targeted downtown areas in and often conjunction with an incentive or mandatory recycling requirement for specific commercial generators(e.g.,bars, restaurants). Glass on the side programs can also be operated as drop-off only(such as in the City of Denton, Texas 9-7 Burns & McDonnell 609 610 Comprehensive Solid Waste Management Strategy Recycling Processing Kansas City metro area), or a combination of curbside and drop-off(such as in Orange County, NC). Details on these programs are shared as case studies,below.Many drop-off programs partner across multiple cities or counties,thereby benefitting from economies of scale. The City can continue to work with Pratt on opportunities to address contamination and work towards better recovery, including overdue facility upgrades that Pratt has expressed an intention to undertake in the near term. Once upgrades are completed,the Pratt MRF may be able to obtain GRC MRF Glass Certification which can help to highlight the MRF to cullet buyers within and beyond the immediate metroplex area. The City's current commercial valet program provides diversion services to commercial generators in the downtown area.With the recent NCTCOG grant,diversion opportunities for entities in the valet area will expand to include food waste diversion at approximately 140 businesses including bars and restaurants.A curbside glass on the side program could be similarly implemented to target clean glass generated in relatively large quantities from bars/restaurants, and gauge the feasibility, costs, and interest of commercial generators to expand the program. The City could also consider including a glass-only drop-off option at existing locations. While contamination is typically a concern in unmanned drop-off stations (e.g.,North Lakes Recycling Center), unmanned glass drop-off programs can be successful, and may be a suitable progression of a glass on the side program in Denton once single stream contamination levels are further addressed through options such as those presented in the Strategy to Enhance Education, Outreach,and Compliance(see Sections 5.0, 11.1,and 12.0). Case Study: Glass on the side. Orange County,NC recently implemented a supplemental"glass on the side"program for glass bottles and jars. The program serves commercial collection routes as well as unstaffed drop-off locations throughout the county for residential program access. The program is a regional effort with two neighboring counties, and was supported in part from state agency grant funding and the GRC. The commercial access program complements the state's law that mandates glass recycling at bars and restaurants. Based on information from October 2020,the county receives $20 per ton for the clean glass from a local glass processor that produces glass bottles, fiberglass, sand blasting material, and reflective paint beads. Glass is also accepted in the counties' curbside recycling single stream programs. 9.1.6 Sharps Medical household sharps, such as needles and syringes, are routinely observed at MRFs across the country, and put workers picking material from conveyor belts at risk of needlestick injuries. The amount City of Denton, Texas 9-8 Burns & McDonnell 610 611 Comprehensive Solid Waste Management Strategy Recycling Processing of household sharps is increasing nationally due to an aging population,increase use of injection medication(e.g.,insulin),confusion on proper disposal practices, and limited access to safe disposal and take-back programs. Current System.In Texas,residents are instructed to place sharps in a strong plastic container to dispose of in their household trash. While some household hazardous waste(HHW)programs accept medical sharps,the City's current HCC program does not. Opportunities. Education and outreach is important so that residents know how to properly dispose of any medical household sharps they generate, as sharps at MRFs present an elevated risk due to the nature of picking-line work. The City could expand safe disposal opportunities through the HCC program or through partnerships with other entities (e.g., City of Denton Police Department or Fire Department,retail pharmacies). 9.1.7 Batteries Batteries generally enter MRFs as a result of"wish-cycling."Batteries, specifically lithium and lithium- ion batteries,have become a contaminant of concern at many MRFs due to the potential to combust if compressed or punctured during collection or processing. Current System.While many types of batteries are recyclable they cannot be recycled through the Pratt MRF. Currently,residents can recycle batteries through the City's HCC programs(at the HCC facility, door-to-door, or mobile BOPA events)and at some retailers (i.e.,Home Depot,Lowes). Opportunities.With the existence of drop-off options in Denton,the primary opportunity for the City related to battery recycling is to raise awareness through education and outreach. The City can leverage existing resources (e.g.,NCTCOG's"Know What to Throw")to raise community awareness of the importance of keeping waste and recycling workers safe by recycling batteries at the HCC or retail drop off locations. The City plans to expand the HCC mobile events specifically targeting batteries. 9.1.8 Tangiers and Explosives Recycling contaminants that present a risk to worker safety and may cause equipment damage include tanglers(e.g., cords, string lights),explosives(e.g., ammunition), and compressed gas tanks.While some of these materials have recyclable materials/components (e.g., electronics,metals),they cannot be recycled safely through MRFs. Items such as hoses, cords, and string lights can become tangled in equipment,causing downtime and the potential for worker injuries. Items such as propane tanks and City of Denton, Texas 9-9 Burns & McDonnell 611 612 Comprehensive Solid Waste Management Strategy Recycling Processing ammunition present a significant safety risk to recycling workers, since the process of collecting and processing recyclables often includes compacting materials. Current System.Ammunition and other hazardous materials should be safely and responsibly disposed of. Some police stations or gun ranges accept ammunition for safe disposal.Undamaged propane tanks can be refilled or exchanged at retail locations, and other materials(e.g., string lights)can be donated if in working condition. While the City's HCC does accept aerosol cans, it does not accept propane and butane cylinders. Opportunities. The City can leverage existing resources (e.g.,NCTCOG's"Know What to Throw")to raise community awareness of the importance of keeping these items out of the recycling cart. The NCTCOG campaign included content specific to these categories of materials. 9.1.9 Home Chemical Waste Home chemical waste includes items such as household cleaners,pool chemicals, lawn and garden pesticides,paint,varnishes. These items can be a safety risk at MRFs,including chemical exposure and fire hazards. Pool chemicals, for example,are a common cause of"hot loads,"that is materials collected for disposal or recycling that smolder or burn. Home chemical waste requires separate, safe disposal or recycling. Current System.The City's HCC program includes many service offerings. The permanent HCC facility offers in-person disposal of specified home chemical waste and other items requiring special disposal (e.g.,batteries, lightbulbs),as well as reuse of HCC items in good condition through the free ReUse Store. Demand for this service is high,including from residents of surrounding communities without HCC programs. The City's program also includes door-to-door collection,which provides a high level of convenience for those with mobility or transportation challenges or are not located near the HCC. Additionally,the City hosts mobile HCC events in targeted areas of the City(e.g.,Robeson Ranch)and plans to expand this service. Opportunities. The City can leverage existing resources (e.g.,NCTCOG's"Know What to Throw")to raise community awareness of the importance of keeping these items out of the recycling cart,in addition to existing outreach informing residents to divert these materials through the many HCC program offerings for proper disposal(or reuse, if in usable condition). Given the demand for HCC from residents of surrounding communities,the City could expand program access through partnerships with these communities. These regional programs have been successful in other parts of the NCTCOG and in other City of Denton, Texas 9-10 Burns & McDonnell 612 613 Comprehensive Solid Waste Management Strategy Recycling Processing parts of the state.An approach to HCC regionalization is discussed in more detail as part of the Strategy to Support New Markets and Leverage Partnerships(see Sections 10.0, 11.6 and 12.0). Case Study: Regional HHW Programs in the NCTCOG. The City of Fort Worth owns and operates a permanent facility providing HHW and hard-to-recycle material drop-off to residents of Fort Worth and 50 neighboring cities. Additionally,the program includes facilitating mobile collection events in partner cities and the option for partner cities to perform their own door-to-door collection or mobile collection and subsequently drop off materials at the City of Fort Worth's permanent facility(ECC) for disposal. This structure provides a regional"hub-and-spoke"structure with the ECC serving as a central material processing and disposal site with collection opportunities throughout the 50 neighboring cities. Partner cities compensate Fort Worth on a per-household basis for use the ECC or mobile collection events within the partner cities. Dallas County facilitates a regional HHW program for 16 member cities through its interlocal agreement, with each member city paying a portion of the program's disposal,operations, and capital costs. Member cities contribute to disposal proportionally based on the number residents who use the program and contribute to operations and capital costs proportionally based on the number of single-family households in the service area. Additionally,non-member residents can use the program for$95 per visit. 9.1.10 Shredded Paper Shredded paper typically enters recycling systems as a"wish-cycled"material, since non-shredded papers (e.g., office paper,mail) is recyclable in curbside recycling programs. Some programs allow residents to put shredded paper in the recycling cart if it is in a clear plastic bag, so that it can be separated from single stream materials at the tipping floor to be later baled with other paper. Because of the small size, unbagged loose shredded paper cannot be recovered through MRFs and becomes contamination. Current System.The City's Waste Wise tool instructs residents to place shredded paper in the recycling cart in a clear plastic bag. Shredded paper could also be disposed of in the yard waste program for composting. Opportunities. The City can further leverage its education and outreach to ensure residents understand the requirements to bag shredded paper if placed in the blue bin,and to make residents aware that this material can also be diverted for composting through the yard waste program. Many cities have success hosting or partnering for shredding events, where residents can bring documents for shredding and secure destruction(via recycling). City of Denton, Texas 9-11 Burns & McDonnell 613 614 Comprehensive Solid Waste Management Strategy Recycling Processing 9.1.11 Textiles While many textiles are recyclable,they cannot be recycled through MRFs, and if textiles such as clothing or towels enter a MRF they can act as tanglers (discussed in Section 9.1.8). Current System.There are many thrift and other reuse-oriented businesses in Denton that accept textiles for reuse or recycling, including at drop-off boxes located throughout the City. Opportunities. The City has an established and comprehensive education and outreach program,which can be leveraged to raise awareness of existing reuse and recycling options for textiles.As the City begins to collect recycling data from third-parry entities,the effectiveness of current textile recycling can be evaluated. Other cities have seen mixed success with third-party private sector curbside collection programs (e.g., Simple Recycling),these options exist. 9.1.12 Furniture and Other Bulky Items Large items such as furniture or scrap metal cannot be recycled through MRFs, and because of their size cause challenges if collected with typical recyclables. Many discarded furniture and bulky items can be donated for reuse or upcycling,but if sent to a MRF these items are likely to damage processing equipment(e.g.,ripping conveyor belts), injure workers, and ultimately get disposed in landfill with other contaminants and problem materials. Current System.Furniture,mattresses,televisions,and refrigerators are popular search items in the City's Waste Wizard. There are many thrift and other reuse-oriented entities in Denton that accept furniture and similar bulky items for reuse. Some bulky items that are not in usable condition can be recycled through City programs (e.g.,televisions at the HCC,refrigerators and other white goods at the landfill). Opportunities. The City has an established and comprehensive education and outreach program,which can be leveraged to raise awareness of existing reuse,recycling, and safe disposal options for furniture and other bulky items. The Denton community presents multiple partnership opportunities for the City to increase the reuse of furniture and other home goods. Denton is home to multiple universities(i.e., University of North Texas and Texas Woman's University),which presents an opportunity for the City to partner with university housing for move-out events. Typically during move out, a significant quantity of reusable furniture and other household goods are discarded to landfill. Many universities have seen success with"zero waste"move-out and similar events to collect usable furniture and other household goods. Collected materials could be used to meet community needs through non-profits providing furniture for in-need populations(e.g.,homelessness, crisis, disaster). Partnership options are discussed in City of Denton, Texas 9-12 Burns & McDonnell 614 615 Comprehensive Solid Waste Management Strategy Recycling Processing more detail as part of the Strategy to Support New Markets and Leverage Partnerships(see Sections 10.0, 11.6 and 12.0). 9.2 Recycling Processing Agreement Overview This section provides a detailed description of best management practices and procurement considerations to support the evaluation of the City's existing Recycling Agreement and identify components that should be kept, added, or adjusted as part of the Strategy.An overview of the types of recycling processing agreements and public-private partnerships, include advantages and disadvantage,is provided in Section 4.2. Appropriately planning,developing and maintaining partnerships is critical to properly manage and recycle materials and pursue the key findings and recommendations presented in Section 9.4 and further evaluated in Section 11.5. The key to maximizing the value of the existing and future recycling processing agreements is to leverage public-private partnerships(PPP)that support the City's long-term needs. 9.2.1 Recycling Processing Agreement Best Management Practices Burns&McDonnell has compiled the best management practices related to key components and provisions of a recycling processing agreement as follows,with brief descriptions. • Identify processing fees.The charge assessed on a per ton basis should be based on the operating cost of the MRF and may include base level profit requirements for sustainable business operations. Processing fees are a standard elements of recycling processing agreements and in some cases are critical to MRF business viability. • Establish revenue sharing. The allocation of money received from the sale of materials should be established to allow both parties to realize benefits from favorable market conditions and minimize risk in depressed markets. Revenue sharing arrangements should be based on the composition and value of the inbound material and needs to be calculated in a transparent way. The basis for revenue sharing should be based on actual commodity sales or on the composition of inbound material. Revenue sharing calculated using material composition can make agreements more equitable in both strong and weak commodity markets and can incentivize actions from both parties to reduce inbound contamination or increase capture of high value materials.Although revenue sharing provides key benefits as part of recycling agreements, market challenges and fluctuations should be expected revenue sharing should not be sole source of revenue that supports recycling program operational costs. • Determine material value.Published or otherwise available sources of secondary commodity material pricing should be identified as part of a recycling processing agreement and should be City of Denton, Texas 9-13 Burns & McDonnell 615 616 Comprehensive Solid Waste Management Strategy Recycling Processing explicit on how material values are determined. Material values should be based on the higher or actual sales price or published index prices to incentivize MRF operators to seek the highest pricing for materials. If one or more published indices are not used,it is possible for MRF operators to share the value of materials based on actual material sales; however,periodic third- party verification should be implemented to ensure transparency and accuracy of reported data. At a minimum,a recycling processing agreement should detail how often MRF material sale values are reported and how they are used as part of revenue sharing calculations on a monthly or quarterly basis. • Determine acceptable materials. The materials the MRF is obligated to accept,process and market and procedures or conditions under which the mix of materials may change should be established explicitly as part of a recycling processing agreement(e.g., allowing adjustments to acceptable materials without requiring contract amendments. The accepted materials should be determined taking into account diversion goals,collection procedures(e.g., single-stream or source separated),markets(including emerging markets)and the current and future capability of the MRF to process and market each type of materials. The general trend has been for recycling processing agreements to include an expansive range of materials in hopes of reaching higher diversion targets and has created challenges for MRFs to effectively operate their facilities and sell materials that meet increasingly rising quality standards. • Conduct material audits.Recycling processing agreement should explicitly establish the frequency,protocols, and intended uses of material audits. Such audits can be particularly useful when trying to measure the effect of specific actions in the collection program, such as the initiation of a cart-tagging program intended to reduce contamination.Understanding both the composition of the incoming recyclable material stream and outgoing residue is important to increase the effectiveness of efforts to decrease contamination and increase the capture of acceptable materials. Additionally, conducting material audits can provide a basis for revenue sharing agreements. Two main methods can be used to conduct a material audit: inbound material sampling or full system audit. Inbound material sampling is a desktop sorting of select materials before they are processed through the MRF equipment and full system audits are a more comprehensive evaluation of the amount and type of material captured by the MRF equipment. • Maintain material quality and minimize contamination. Specific conditions related to levels and types of contamination expressed as a percentage of the inbound material should be established in a recycling processing agreement to ensure that inbound material quality is consistently high. The acceptable amount of contamination should be based on a combination of historical contamination amounts and reflect the efforts or practices in place to decrease City of Denton, Texas 9-14 Burns & McDonnell 616 617 Comprehensive Solid Waste Management Strategy Recycling Processing contamination. High levels of contamination can cause the cost to double because trash that generates zero revenue must be processed and the separated contamination must be transported and disposed. An innovative approach to maintaining material quality and minimizing contamination is to adjust the processing fee relative to the level of contamination(e.g.,if base processing fee is $80.00 per ton based on a 20 percent contamination threshold,the processing fee would rise to $85.00 per ton if the contamination increases to 25 percent or fall to $75.00 per ton with a 15 percent contamination level). To implement this approach,clear and transparent data collection and analysis would need to be carried to gauge how much residue had been cause by contaminants in inbound loads specific to the City. • Establish minimum performance criteria. Recycling processing agreements should establish the minimum expectations regarding operating performance including meeting the equipment manufacturer's designated recovery rating. Typically,recycling processing equipment manufacturers design their systems to recover 95 percent or more of the intended recyclable material.A full system audit of outgoing MRF residue compared with the quantities of sold commodities allow this type of mass balance equation to be calculated to measure the MRF's operating performance. • Address rejected loads and residue disposal. Recycling processing agreements should provide clear parameters on what constitutes unacceptable loads,how they are handled,and how MRF residue and/or contamination is managed and explicitly assign costs and responsibilities to each parties. For example,when an incoming load is rejected due to excessive contamination,there may be a per ton disposal fee for transporting and disposing of the rejected load.In all cases,it is important to the transparency and fairness of the contractual relationship for there to be timely reporting and documentation associated with load rejection,including ideally the taking of photos.Additionally,recycling processing agreements should clearly define residue and contamination, indicating that residue is acceptable materials that are not captured by equipment and contamination are unacceptable materials or materials that the MRF processor is unable to sell due to adverse market conditions. • Provide education and outreach support. The level and nature of education and outreach provided to the community through a recycling processing agreement including the responsibilities for both parties and the ways that the agreement provides specific resources for conducting effective outreach. Municipalities have more direct contract with residents,and therefore should have the lead responsibility for education and outreach while the MRF operator may financially support the educational efforts with dedicated payments or in-kind services. Municipalities and MRF operators should coordinate to review results from material audits to City of Denton, Texas 9-15 Burns & McDonnell 617 618 Comprehensive Solid Waste Management Strategy Recycling Processing better understand what residents are setting out for collection, and how the education information may need to be updated. • Determine contractual contingencies.Establishing clear guidance on the procedures in the event of service disruptions from unforeseeable events(e.g., accidents,inclement weather,natural disasters, equipment failure,business failure,etc.) should be included in recycling processing agreements. MRF operations have the potential to be seriously impacted by a range of negative conditions and every contract should contain provisions that address these issues, as unlikely as they may seem when the agreement is initially development. Contingency provisions protect both parties from the unexpected by providing direction, guidance,and assignment of responsibilities in emergencies and other negative situations. • Establish reporting and communication protocols.Regular and productive sharing of information between contracting parties is essential for the long-term viability of a recycling processing agreement. Communications between a municipality and its MRF should include a combination of written reports,with the specific type and frequency of reporting outlined in the contract including inbound tonnage, operational reports including staffing,financial reports, audit results, and unacceptable loads rejected. 9.2.2 Evaluation of Lease and Recycling Processing Agreement This section evaluates the City's current Lease and Recycling Agreement against the best practices described in Section 9.2.1. Table 9-2 provides an evaluation matrix that compares key components the Recycling Agreement in an approach consistent with evaluations of submissions as part of an RFP process; strengths,weaknesses and opportunities are provided for each of these key components. This evaluation provides the basis, in part, for the key findings and recommendations presented in Section 9.4 and further evaluation related to the Strategy to Optimize Recycling Processing provided in Section 11.5. City of Denton, Texas 9-16 Burns & McDonnell 618 619 Comprehensive Solid Waste Management Strategy Recycling Processing Table 9-2: Evaluation Matrix of City's Current Lease and Recycling Processing Agreement Processing Agreement Component Strengths Weaknesses Opportunities The MRF building size is adequate to handle the current volume of The current footprint of the MRF may not be sufficient to handle the future Evaluate Pratt's interest and ability to expand the footprint and/or capacity of Accepted Recyclable Materials delivered to the facility. The City receives increased volume of materials,especially if the City established a regional the MRF leading up to the completion of the initial term of the Recycling Lease revenue from Pratt to lease the land and will receive the MRF building at program to process materials generated in neighboring municipalities. Agreement. and of the agreement at no cost to the City(if the agreement reaches the Additionally,at the end of the lease,the City does not receive ownership of the end of the initial term). processing equipment. There is no processing fee as part of the current Lease and Recycling Other recycling processing agreements in the region include a processing fee Maintain the current structure of the Lease and Recycling Processing Processing Fees Processing Agreement minimizing the cost to the City for recycling providing Pratt a basis to request a processing fee be introduced into the agreement Agreement to minimize the future cost of recycling processing. processing. going forward. The City receives a monthly rebate on the total tons of material delivered to The material types and indices that serve as the basis for the rebates are outdated, Pratt has the opportunity to renegotiate the rebate prior to the commencement the MRF for multiple types of material including Curbside Collected Single including certain material classifications that are no longer recognized or are based of the five-year period beginning October 2,2023 per Section 1.09(c)of the Stream Recyclable Material,Clean Commercial Recyclable Material,and on tonnages that are not aligned with the generators producing that material(e.g., Recycling Agreement.In the case Pratt causes the parties to renegotiate,the Revenue Non-City Recyclable Material. The rebate on Curbside Single Stream per Section 1.09(a)the monthly rebate for Curbside Collected Single Stream City can develop potentially more favorable rebate values of certain materials, Sharing increases incrementally as the tonnage of total material delivered to the Recyclable Material is based on total tonnage delivered to the MRF rather than update indices and take advantage of the recent increase in the secondary MRF rises,incentivizing the City to maximize diversion from landfill.The only the curbside collected material). commodity material markets.Additionally,the City may implement provisions rebate received from Pratt is not the sole revenue stream supporting the for utilizing a material audit to determine the rebate percentages. City's recycling program. The base rebates set forth in Section 1.09(a)of the Recycling Agreement The materials used to derive the rebates include some materials that have Given the changes to recycling markets,material specifications and the volume were based on the value and cost of recovering Plastics#1 and#2, Steel, decreased in volume since the Recycling Agreement was initially developed(e.g., of certain materials generated have changed since the Recycling Agreement Aluminum,old newspaper(ONP),OCC and Glass at the time the #6 and#8 ONP)and do not include other materials that are a recyclable in today's was initially developed.If Pratt causes the parties to renegotiate per Section Material Value agreement was initially developed.The value and cost of recovering these markets(e.g.,#5 plastic). 1.09(c),City has the opportunity to update the specifications and values of Determination materials has changed substantially since the agreement was initially certain materials and take advantage of the recent increase in the secondary developed. commodity material markets.Additionally,the City may adjust the basis for values be the higher of selected indices or actual sales price to incentivize Pratt to seek the highest pricing for material. Section 1.06(a)of the Recycling Agreement lists the Acceptable Pratt is unable to segregate and recycle the complete list of Acceptable Recyclable Pratt has expressed the intention to complete needed facility upgrades in the Recyclable Materials.The number and type of Acceptable Recyclable Materials due to equipment limitations operational constraints.Additionally, near term,which provides the opportunity to transition equipment and Materials is robust,includes materials that could potentially be recycled in certain materials are included as Acceptable Recyclable Materials and operations consistent with a modern single-stream MRF. The City and Pratt can Acceptable the future(e.g.,certain types of film plastics)and may be changed if Unacceptable Materials per Section 1.06(o)(e.g.,certain types of film plastic is collaborate to clarify the list of Unacceptable Materials and the needs and Materials Mix mutually agreed to by the City and Pratt without a formal contract listed as an Acceptable Recyclable Material and plastic items that are not rigid ability to recover all Acceptable Recyclable Materials at a high rate.In the case amendment. containers is listed as an Unacceptable Material). of glass,facility upgrades may provide the opportunity to pursue GRC MRF Glass Certification for improved marketing of glass cullet to end users in the region. Pratt currently conducts material audits of inbound material and provides The Recycling Agreement does not specify a material audit procedure,frequency If all or part of the Recycling Agreement is renegotiated,develop and information to the City to support its recycling program. or any Standard Operating Procedurel requirements to conduct material audits. implement provisions that establish an audit procedure and frequency to Although Pratt does conduct sorting of inbound material and provides this evaluate the inbound and outbound material and allows the right City to Material Audit information to the City,they are under no contractual obligation to do so. participate in the process.The audit should provide key performance and operational data such as capture rate,contamination rate,and residue rate that the City and Pratt can use to collaboratively improve the performance of the MRF. City of Denton, Texas 9-17 Burns & McDonnell 619 620 Comprehensive Solid Waste Management Strategy Recycling Processing Processing Agreement Component Strengths Weaknesses Opportunities Section 1.07 of the Recycling Agreement allows Pratt discretion to visually Per section 1.06(b)of the Recycling Agreement Clean Commercial Recyclable inspect and reject all or portions of inbound loads if they exceed 15 percent Material refers to material that does not require removal of Unacceptable Materials Unacceptable Material and Residue,by weight.Pratt has been a good to meet the Institute of Scrap Recycling Industries(ISRI)specifications. Several If all or part of the Recycling Agreement is renegotiated,revisit the basis for partner to work proactively with the City to minimize rejected loads and specifications published by ISRI related to mixed paper were updated in 2018 determining for the contractual percentage threshold to incorporate historical identify generators that habitually deliver loads exceeding the contractual when international end-markets were disrupted due to increased contamination contamination figures from the past five years.Historical data should be based Material Quality percentage threshold.Pratt conducts assessments of contamination levels standards implemented at Chinese ports2. Outdated material specifications may on a consistent and mutually agreed on methodology consistent with the best by sorting inbound material on an as-needed basis and communicates items lead to confusion or miscalculation of rebates based on Curbside Collected Single management practices described in Section 9.2.1.Additionally,determine if the to support education and outreach efforts. Section 1.05(g)states that Pratt Stream Recyclable Material,Clean Commercial Recyclable Material,or Non-City basis of the contractual percentage threshold is best represented by weight(as it owns the Recyclable Material upon delivery to the MRF and is responsible Recyclable Material. is in the current Recycling Agreement)or volume'. for marketing the processed commodities,minimizing the requirements of the City to divert material from disposal. Per Section 1.05(b)of the Recycling Agreement,the MRF contains Although Section 1.05(h)of the Recycling Agreement requires Pratt to use When the City considers which audit procedure to implement(either inbound equipment that can process inbound material at a rate of 20 Tons per Hour commercially reasonable efforts to recover all Recyclable Materials,this does not material sampling or full system audit as described in Section 9.2.2)ensure that Facility (TPH)and can accept between 32,000 and 50,000 Tons per Year(TPY). allow the City to hold Pratt accountable to recover material at the equipment the contractual protocols or Standard Operating Procedures collects outgoing This is sufficient capacity for the current needs of the City. manufacturers efficiency rating,typically 95 percent. MRF residue data in comparison with the quantities of sold commodities to Performance allow the City to calculate a mass balance equation to confirm an equipment efficiency requirement of 95 percent or percentage consistent with the equipment manufacturers rating. Although Section 1.07 of the Recycling Agreement does not indicate that Section 1.060)defines Residue as an Unacceptable Material or other contaminant If all or part of the Recycling Agreement is renegotiated,the City should work Rejected Loads rejected loads must be at mutual consent between Pratt and the City,it does but does not provide a definition for Acceptable Recyclable Material that is with Pratt to develop and implement contractual protocols or Standard and Residue indicate that Pratt will deliver the material that is rejected for disposal. processed but not captured and erroneously considered Residue(as it is currently Operating Procedures related to the inspection of inbound loads,including Disposal defined by the Recycling Agreement). mandatory communication protocols between Pratt and the City before a load is rejected. The City publicizes the list of Acceptable Recycling Materials and The financial support provided by Pratt is less than other peer Cities in the region If all or part of the Recycling Agreement is renegotiated,the City should revisit disseminates the list as it changes pursuant to mutual agreement between which range from$1.00 to$2.00'.Additionally,per Section 1.04(e)the funds the per ton value of financial support provided by Pratt to ensure that it will Pratt and City.Further discussion of education,outreach and compliance provided by Pratt must be used exclusively to fund the marketing,promotion and support the City's future need,given anticipated growth.Additionally,the City Education and efforts by the City is provided in Section 5.0.Pratt provides$0.80 per ton education of the community.This language may limit the City to develop should evaluate the current restriction on the uses of these funds to provide the of Curbside Collected Single Stream Recyclable Material on a quarterly innovative approaches to education and outreach that may fall outside marketing, flexibility to use this funding to support ongoing or future programs that both Outreach basis per Section 1.04(e)of the Recycling Agreement.Pratt provides an promotion or education(e.g.,development of innovation grants,etc.). parties agree supports education and outreach(e.g.,funding additional data education and viewing room.Pratt conducts assessments of contamination collection and analysis services using Rubicon equipment/services). levels by sorting inbound material on an as-needed basis and communicates items to support education and outreach efforts. Per Section 1.05(d)of the Recycling Agreement,if downtime at the MRF Per Section 1.04(h)of the Recycling Agreement,if the Landfill closes the City If all or part of the Recycling Agreement is renegotiated,the City should revisit exceeds capacity to store unprocessed Recyclable Material,Pratt will be shall accept Unacceptable Materials and Residue at successor landfill and City Article IV Force Majeure to update the terms in light of recent challenges with Contingencies responsible for finding a facility to store or process material and it shall not shall provide transportation to replacement landfill at no cost to Pratt.Depending pandemic,labor shortage,and other market forces that may impact the patterns be disposed in a landfill. on where the successor Landfill is located,this may become a significant expense of generation or collection of solid waste and recycling. for the City over time. Pratt has been a good partner to provide reporting for various aspects of the The Recycling Agreement does not specify reporting and communication If all or part of the Recycling Agreement is renegotiated,the City should operation at the City's request including confirming scale certification, requirements related to rebates,volume and type of material accepted,or other implement language defining specific reports generated by Pratt and provided Reporting and tonnage reports,rejected loads and supporting data for rebate calculation. operational and financial considerations.Although Pratt provides this information to the City including the format,data included,and frequency(e.g.,monthly, upon request,there is no contractual obligation for them to do so.This limits the quarterly)related to rejected loads,rebates,education and outreach payments, Communication ability for the City to hold Pratt accountable to the terms of the Recycling facility performance(including staffing),planned or unplanned downtime,and Agreement and requires additional effort from City staff to determine the accuracy planned capital improvements. of rebate calculations. City of Denton, Texas 9-18 Burns & McDonnell 620 621 Comprehensive Solid Waste Management Strategy Recycling Processing Processing Agreement Component Strengths Weaknesses Opportunities 1. Standard Operating Procedure refers to a series of technical procedure to satisfy provisions of the agreement 2. In 2018,the Chinese government implemented policies to increase minimum contamination requirements from imported material under Operation National Sword.As a result,shifting international end-markets for processed recyclables and increased quality standards led to lower pricing of materials in the secondary commodity markets. 3. A contractual percentage threshold with a weight basis should be determined using a methodology to confirm if the weight of Unacceptable Materials/Residue in a given load exceeds the threshold.There are limitations on the capability of visual inspections(as it is in the current Recycling Agreement)to consistently and accurately determine percentage by weight.Visual inspections are better suited to indicate the percentage of Unacceptable Materials/Residue by volume. 4. As of 2019 the City of Dallas received$1.04 per ton,City of Fort Worth received$2.00 per ton,and City of San Antonio received$1.00 per ton in financial support from their MRF operators to provide education and outreach to residential generators. City of Denton, Texas 9-19 Burns & McDonnell 621 622 Comprehensive Solid Waste Management Strategy Recycling Processing 9.3 Recycling Agreement Procurement Considerations Local governments usually require a competitive procurement process to enter into a contract with a private recycling company. Considering that a MRF processing contract can be for multiple years and involve millions of dollars, completing a procurement process requires careful planning and multiple steps. Local programs have multiple possible options for procuring MRF processing services, including Request for Information(RFI),Request for Qualifications(RFQ),Requests for Bids (RFB) and Requests for Proposals(RFP). Each has its own advantages and disadvantages. For example, an RFQ can help establish minimum qualifications and can be used as a step in the RFB and RFP process.An RFB is a straightforward method of receiving price proposals when all essential parameters are known. An RFP method is generally recommended as it allows local governments to consider a combination of factors in the decision-making process. Also known as a"best value"approach, an RFP is a more versatile in allowing a wider exploration of varying service parameters from different companies and is not just based on price alone. Figure 9-2 shows the RFP process from the initial development of the strategy through contract award and transition. Figure 9-2: RFP Process Description DevelopDefine Scope of RFP Release Technical& Services Pre-Proposal Financial Reviews Transition& I Implementation DevelopCriteria Addenda Issued Contract Negotiation Partnership Notify vendors �A Local Governments Vendors Develop Evaluation, Negotiation, Transition& Develop RFP Proposals &Award Implementation A key factor in determining how much time is needed for the procurement process depends on the competitiveness of the local recycling processing market and processing capacity in that region. For example, if there are multiple MR-Fs in a region with extra processing capacity,the procurement process will require between three and nine months to fully implement a new service provider since a range of possible suitable MRFs are already in place. On the other hand, if there is a need to build a new MRF based on the outcome of the procurement process,much more time would be required to allow the recycler to design,build,and start operating a new facility,or potentially build a transfer station to transport the material to a MRF and will require 18 to 32 months to fully implement a new service provider. Longer MRF contracts may also be appropriate when a community is trying to attract a new facility. City of Denton, Texas 9-20 Burns&McDonnell 622 623 Comprehensive Solid Waste Management Strategy Recycling Processing Contract length is a critical issue related to procuring a recycling contractor and can have a significant effect on how competitive proposers are able to make their submissions. Several factors determine the optimal recycling processing contract length,but perhaps the most important factors are the type of contractual arrangement and whether a private company is building a new facility. A Processing Service Agreement, or PSA, is strictly based on the processing of a MRF Facility where a PPP allows for the parties to share more ownership and/or risk related to the contract.New, state-of-the-art MRFs built to serve large geographic areas can cost$20 million or more, depending on local development costs and the level of processing automation. If a private company is building a new MRF for either a PPP or PSA, the company will ideally seek to recover its capital costs over the life of the contract. Consequently,aligning contract length to the useful life of capital assets can help local governments and the private recycling processor achieve a lower cost. Table 9-3 shows the recommended schedule for recycling procurements. Table 9-3: Recommended Schedules for Recycling Processing Procurements Agreement New or Type Existing MRF Initial Term Renewal PSA Existing Five to seven years One or more renewals for a total of up to three to five more years. PSA New 10-15 years One or more renewals for a total of up to 10 more years. Depends upon the level of investment from private company.If there is PPP Existing a need for substantial investment,a longer term of 10-20 years may be needed.Without high investment levels, 10 years may be sufficient. PPP New 10-20 years One or more renewals for a total of up to 10 more years. There are a number of conditions and circumstances that may require the City to conduct a new MRF services procurement process, including changing material values, concerns about contract fairness or MRF performance,merger and acquisition activities affecting their vendor, or just a general need or desire to test the competitiveness of the market. Local programs should consider this issue as they create bid or proposal documents and subsequent contracts,making sure to spell out the conditions that would allow or lead to a new procurement process. Transparency is critical so that private MRF companies know exactly what to expect as they develop proposals and enter into contracts. As local programs plan their procurement process,they also need to think about the content of their RFP documents and the eventual contract. This is where paying close attention to the best practices described in Section 9.2.1 come into play, allowing communities and recycling processing service providers to establish comprehensive fairness in a mutually-beneficial and long-term contractual relationship. City of Denton, Texas 9-21 Burns&McDonnell 623 624 Comprehensive Solid Waste Management Strategy Recycling Processing Case Study: The City of Dallas,recognizing the recycling industry's broader financial challenges, pursued an innovative public-private partnership approach to increase financial returns and recycling quantities for residents and businesses in Dallas and surrounding communities. In 2013,the City released an RFP intended to provide companies with the option to propose an existing facility or to build a new MRF located at the City's landfill. The City planned for a three-year procurement schedule(36 months) in case the City decided to contract with a company for a new MRF. Ultimately,the City partnered with a private company in November 2015 to design,build, and operate a new MRF to process recyclable materials from the city and other surrounding communities. The facility began accepting recyclables on January 1,2017.While the private company funded the building and equipment,ownership of the building will transfer to the City at the end of the 15-year agreement. 9.4 Key Findings and Recommendations This section describes strategic tactics for the City to consider based on the information and evaluation presented previously in this section related to challenging materials in the recycling stream,types and best management practices of recycling processing agreements, evaluation of the Recycling Agreement, and procurement considerations. The following sub-sections present information that describes each strategic tactic including why it is included,the implementation timeline,responsible party,and logistical information that support the evaluation presented as part of Section 11.5. • The City has programs that divert many challenging materials in the MRF recycling stream,but there are opportunities to expand recovery. The City's HCC, curbside yard waste, and bulky collection programs provide for the proper collection of materials that would become contamination at the Pratt MRF. The City should leverage its education and outreach program to further increase the awareness of how to divert these materials, including the use of existing resources (e.g.,NCTCOG"Know What to Throw"and NRDC food waste source reduction). New programs or services that the City should consider in the near-or long-term to increase diversion of challenging materials include MRF facility upgrades for improved processing capabilities, drop-off recycling for EPS,partnerships with other entities for safe sharps disposal and reusable furniture/household items, and hosting paper shredding events to capture this material for recycling. • The current Recycling Agreement does not require the City to pay a processing fee. Recycling processing agreements with other municipalities in the region include a processing fee. It is advantageous to the City under the current agreement to maximize revenues generates as part of the Recycling Agreement,but since this is atypical of contracts in the region it provides Pratt a City of Denton, Texas 9-22 Burns&McDonnell 624 625 Comprehensive Solid Waste Management Strategy Recycling Processing basis to request that a processing fee be introduced into the Recycling Agreement in the future. If the City enters negotiations with Pratt,they should seek to maintain the current pricing structure. • Prepare to renegotiate rebate provision of Recycling Agreement. Pratt has the option to cause the parties renegotiate the rebate provision per Section 1.09(e)of the Recycling Agreement. In the case Pratt causes the parties to renegotiate before the five-year period beginning October 2,2023, the City should leverage the recycling best management practices including updating the rebate structure to be based on material composition,updating material specifications and percentages to be more reflective of the current secondary commodities market, adjust the basis for values be the higher of selected indices or actual sales price to incentivize Pratt to seek the highest pricing for material and take advantage of the recent increase in the commodity prices to minimize long term risk to the City(e.g., establishing a price floor for some or all commodities). • Prepare to renegotiate other provisions of the Recycling Agreement. In the case Pratt causes the parties to renegotiate in prior to the five-year period beginning October 2,2023 and is open to renegotiating other provisions of the Recycling Agreement,the City should leverage the recycling best management practices to adjust key terms including(a)develop and implement provisions that establish an audit procedure and frequency to evaluate the inbound and outbound material and allows the right City to participate in the process; (b)revisit the basis for the contractual contamination percentage threshold to incorporate historical contamination figures from the past five years; (c)revisit the basis for the education and outreach funding; (d) implement contractual protocols or Standard Operating Procedures related to the inspection of inbound loads; (e)revisit Article IV Force Majeure to update the terms in light of recent challenges with pandemic,labor shortage, and other market forces that may impact the patterns of generation or collection of solid waste and recycling; and, (f) define specific required reports including the format, data, and frequency(e.g.,monthly, quarterly)related to rejected loads, rebates, education and outreach payments, facility performance(including staffing),planned or unplanned downtime, and planned capital improvements. • Explore options to extend Recycling Agreement with Pratt and feasible alternatives. The City should work with Pratt to identify if they are interested to continue the existing relationship upon the expiration of the initial term of the Recycling Agreement. If so, further identify if Pratt is interested or able to expand operations to provide the City the opportunity to attract tonnage from other areas among,Denton County and other areas in the northern part of the NCTCOG region(e.g., City of Frisco, City of McKinney). Developing a larger facility may allow the City to prepare for anticipated growth in volume of recycling and position the parties to collaboratively City of Denton, Texas 9-23 Burns&McDonnell 625 626 Comprehensive Solid Waste Management Strategy Recycling Processing realize technical and economic benefits associated with increased economies of scale. There is at least one other recycling processor looking to build MRF processing capacity in the Denton- McKinney-Frisco corridor,which would provide needed capacity in the region. While the City should look to work with Pratt to maintain the processing relationship,it is also important to continue to explore and compare developing opportunities prior to the expiration of the current contract in October 2027. While the Recycling Agreement indicates that the negotiations to determine if the parties will exercise any available extensions will begin approximately one year before the initial 20-year term expires,the City may need to prepare to release a solicitation up to 36 months prior to the expiration of the initial term as described in Section 9.3. • Evaluate expanded facility requirements. If the City pursues an increased facility in footprint or operating capacity,confirm that the current building and footprint are able to be expanded and if not,identify strategic locations(e.g.,close proximity to the City's current recycling collection routes)that would provide sufficient acreage,utility connections, and to develop a regional facility. The size requirements would be based on the anticipated tonnage that could be attracted to the facility from the City and other areas of the norther part of the NCTCOG region. • Leverage Wholesale Disposal Agreements(put or pay contracts)to attract increased volumes of recycling material to a regional MRF. The City should evaluate the feasibility of incentivizing users of the landfill to increase recycling tonnage delivered by requiring they have diversion programs in place to dispose material or provide discounted disposal rates for out of county haulers that also deliver recyclables to the MRF. Section 6.05 of the Recycling Agreement requires that Pratt is provided the opportunity to review and comment on any ordinances that may result in increased tonnage flowing to the facility. City of Denton, Texas 9-24 Burns&McDonnell 626 627 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities 10.0 MATERIAL END MARKETS & PARTERNSHIP OPPORTUNITIES Previous financial struggles in recycling markets have placed significant pressure on recycling programs. Additionally,the State of Texas has recently published a plan to support recycling market development that identifies barriers and opportunities to increasing recycling statewide.68 This section provides an overview of current markets for recovered and recyclable materials, including information on pricing, material supply and end users; and describes the potential roles and partnerships the City can leverage to support recycling markets and address community needs. The Strategy to Support New Markets and Leverage Partnerships was developed based on the findings presented in this section as well as the outcomes of workshop discussions with City staff. Section 11.6 presents the strategy in more detail. Section 12.0 provides the implementation plan. 10.1 Current Markets for Typical Recyclables As described in Section 9.2.1,trends and best practices in recycling processing agreements point to revenue sharing based on a percentage of the recovered material market pricing. As a result,markets can drive increased capture and recovery rates for recyclable commodities, such as when prices are high in an effort to maximize revenue from a material. Contamination is also a concern,especially when markets are more challenged, as high contamination increases processing and disposal costs and can reduce marketability and price of recovered commodities. The average value of single stream materials varies based on the composition of the materials(i.e., quantity of paper,plastics,metal,and glass)and the quality of the materials. The average blended market value of processed recyclable materials collected single stream(paper,plastics,metal,and glass) from municipal collection programs in Texas over the five-year period from 2016-2021 was $98 per ton. Figure 10-1 illustrates the changes in the average value of single stream materials in Texas over this period based on regional commodity data and single stream material composition. Due to factors such as pandemic market forces and supply chain challenges,recent 2021 pricing has doubled compared to the five-year average(Figure 10-1). While it is important to emphasize that recyclables are commodities and their values are subject to change,there are some key trends impacting commodity pricing. First, one of the key reasons for the decrease in material value in preceding years was due to China restricting the import of recyclable materials. In response to this issue,the United States is in 68 TCEQ.August 2021. "Recycling Market Development Plan."Available online: hLtps://www.tceq.texas.gov/assets/public/assistance/P2Recycle/Recyclable- Materials/2021%20Recycling%20Market%20Development%20Plan.pdf City of Denton, Texas 10-1 Burns&McDonnell 627 628 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities the process of enhancing its recycling end markets for materials like paper and plastic. Second,there is a trend for manufacturing and packaging companies to increase their use of recycled content material in their products,which increases the demand for recycled materials. While it is likely that there will be fluctuations in future commodity pricing,these additional factors may provide enhanced stability in the future. Figure 10-1:Single Stream Material Revenue (per Ton) $215 $195 $175 $155 Single Stream o $135 5-year Average L c' $115LIM Five-year Average=$98 $95 September 2021 Average=$196 $75 $55 $35 ;NCO NN NA\ N N N N NCb ;N°b N(:' ;1Z5 ;1 5 p `` ;LN N Pricing varies notably by material, and materials as subject to differing market factors(e.g., supply- demand relationship). City of Denton, Texas 10-2 Burns&McDonnell 628 629 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities Table 10-1 communicates the market prices for individual recyclable material types, including the current and five-year average regional commodity prices (as determined from recyclingmarkets.net,a subscription-based,recycling data provider). City of Denton, Texas 10-3 Burns&McDonnell 629 630 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities Table 10-1: Current and Five-year Average Commodity Prices Composition of Commodity Price ($ per ton) Single-Family Material Recycling (%)' Five-year Average September 2021 Plastics PET#1 5.64% $261 $545 HDPE#2 (natural) 1.71% $868 $2,250 HDPE#2 (pigmented) 1.73% $279 $1,250 Plastics#3-7 0.91% $21 $20 Paper Sorted Residential 15.24% $47 $118 Cardboard 21.70% $93 $190 Aluminum 2.61% $1,197 $1,567 Steel 1.08% $125 $260 Glass 10.88% $0 $0 Residual 35.34% $0 $0 Weighted Average2 $98.64 $195.92 1 Based on sample-and-sort waste composition study of residential recycling bins,conducted in 2020. 2 Average pricing based on the single-family recycling composition based on the waste characterization studies described in Section 3.4. 10.1.1 Paper Markets Recovered paper can be recycled into a variety of products and packing, including recycled printing and office papers,toilet paper,towels,napkins,newsprint,paperboard, cellulose insulation,roofing felt, cushioning material for packaging and molded pulp products(e.g., egg cartons,nursery pots).Recovered paper may be processed and separated into grade by a paper stock dealer(which typically handle mostly or exclusively commercial sources) or a materials recovery facility(MRF,which typically handle mainly residential as well as selected commercial and institutional sources). Some paper manufacturing companies, such as Pratt Industries, are vertically integrated into recycling processing as a means to secure feedstock of recovered paper feedstocks. This is the case for the Denton MRF where,in addition to processing commingled recyclables,the facility receives source separated paper(e.g., cardboard, commercial sorted office paper)to be baled and shipped to Pratt mills. City of Denton, Texas 10-4 Burns&McDonnell 630 631 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities There are multiple end users of recycled paper in Texas including recovered paper mills, a cellulose insulation plant, and a molded pulp plant in the North Central Texas region and surrounding areas. Recovered Paper Mills: • Smurfit Kappa(Forney) • WestRock(Dallas) • International Paper(Queen City) Cellulose Insulation Plants: • U.S. Green Fiber LLC (Waco) Molded Pulp Plants: • Western Pulp Products Company(Jacksonville) In response to changes in the global recovered fiber marketplace,multiple mill expansions and new mills have been announced in the U.S. and Mexico that will markedly expand domestic fiber demand over the next two years.However, contamination affecting material quality is a significant concern,particularly with respect to residential fiber. Consequently,MRFs are working to improve their ability to generate cleaner fiber supply to meet domestic mill and fiber product manufacturer feedstock requirements. Many MRFs are installing equipment such as optical sorters and robots to enable further sorting and cleaning; however, doing so means the cost of processed recovered fiber is increasing. 10.1.2 Metals Markets Most ferrous and non-ferrous metals are recycled into durable products,with a portion of steel and aluminum also recycled into product packaging(i.e., steel cans,aluminum beverage containers, foil wraps).A significant portion of metals recycling occurs within the scrap industry,comprised of scrap yards, auto shredders,mills, and foundries. There are over 600 scrap mills in the state, and the North Central Texas region has sufficient capacity to recycle additional ferrous and non-ferrous scrap. Due to the value of recycled metals, as well as the environmental benefits of recycling these materials, metals markets can be larger geographically with longer transport distances while still maintaining financial and environmental benefits compared to landfilling.A significant amount of steel is shipped to consumers in other states or countries. For example,there are four steel mills in Mexico near the Texas border that likely source from Texas, as well as Gulf Coast ports for shipping processed steel to recyclers in other countries. Texas-generated non-ferrous recyclable scrap metal end markets vary by material. City of Denton, Texas 10-5 Burns&McDonnell 631 632 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities Baled aluminum cans are sent to Alabama, Georgia, or Tennessee. The national recycling infrastructure can recycle more cans from Texas and other states than are currently collected. 10.1.3 Plastics Markets Plastic containers and packaging can be made from various resins,including polyethylene terephthalate (PET),high density polyethylene(HDPE),polyvinyl chloride(PVC),low density polyethylene (LDPE), linear low-density polyethylene(LLDPE),polypropylene (PP), and polystyrene(PS). Plastics can be recycled into a variety of products and packaging, depending on the resin type. There are multiple plastics reclaimers and end users in Texas, including:" • Two PET reclaimers, one suppling PET to bottle manufacturers and one focused on chemical recycling of hard-to-recycle items • Two HDPE bottle reclaimers • Two end users for recycling HDPE crates,bins,and pallets • Six companies recycling clean post-consumer commercial film plastic to produce garbage bags, single-use retail plastic bags, and other commercial-use bags • One recycler for laser toner cartridges,which receives material from across the U.S. PET reclamation capacity exceeds available supply, and PET is currently imported from other states. Increased PET recovery in Texas could be managed by in-state reclaimers. In-state reclaimers also need more supply of natural HDPE and clean post-commercial film to meet demand. Other plastic types(i.e., PET thermoforms,pigmented HDPE, contaminated film, and mixed plastics) face challenging recycling markets in Texas due to a number of factors including lack of demand for specific resins, contamination, and lack of sorting for plastics#3-7. 10.1.4 Glass Markets Clean recovered glass can be recycled into a variety of end products including into new glass containers, plate glass, glass beads; or beneficially reused in applications such as alternative landfill cover,aggregate, filter material, and road base. The strength of glass recycling markets is often dependent on the infrastructure at the local level, as glass is heavy and can be costly to transport. As described in 10.1.4,the North Central Texas region and nearby counites are home to key infrastructure and recycled glass end users to support healthy recycled glass markets, specifically secondary glass 61 Specific company names and locations are not shared for plastics recycling facilities due to confidentiality associated with the Recycling Market Development Plan. City of Denton, Texas 10-6 Burns&McDonnell 632 633 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities processing/beneficiation facilities to further clean and sort glass and produce clean cullet and end users such as bottle and fiberglass manufacturers. The City has access to infrastructure to support glass recycling markets,which is primarily south of I-20 in the region. Clean material is key to maximizing the economic viability and environmental benefits of processing and recycling glass, as environmental benefit is high for end uses such as bottle-to-bottle glass recycling and low or negative for other beneficial uses such as sandblasting or landfill cover. MRF glass often faces challenges due to high levels of contamination. 10.2 Current Markets for Organics In addition to the City's composting facility, described in Section 6.0,there are also private organics processing facilities in the region producing finished compost and mulch products for market. Most private compost facilities indicate they could use more feedstock. Current end markets for the City's compost and mulch products include Denton-area residents and professional landscapers,as well as a purchase agreement with the Texas Department of Transportation (TxDOT). Demand is high,and sales of the City's products have increased significantly in the last few years. Compost markets in the region can face challenges from contamination(primarily in the food waste stream)as well as limited demand for some compost products. As the City implements the commercial food waste pilot into its organics diversion program,it will be important to address contamination and work with participants to identify tools and strategies(e.g., signage)to prevent contamination in the future. A lack of end product demand can result from a lack of awareness of the benefits of using compost as well as concerns over the quality and safety of compost products(typically for non-certified compost products). The City is using current best practices required to maintain the US Composting Council's Seal of Testing Assurance(STA)Certification of Dyno Dirt,which includes sampling and testing standards for the Class-A compost product. Education and outreach on the benefits of using compost(e.g.,water conservation, soil health)and the safety of the City's compost products can help maintain demand for the City's compost product.As research continues regarding the best practices for managing new materials and compounds that may be found in organic waste streams(e.g., compostable packaging,PFAS),the City should stay informed of new research findings. 10.3 Current Markets for C&D Debris Based on data provided by the City and TCEQ, C&D debris comprises four percent of the material disposed at the City of Denton landfill(approximately 15,000 tons in 2020). As growth continues and City of Denton, Texas 10-7 Burns&McDonnell 633 634 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities accelerates throughout the local area,development(and therefore C&D debris generation)will also increase. C&D debris includes materials from new construction,renovation, and demolition projects such as: • Concrete/masonry • Ferrous and non-ferrous metals • Wood • Cardboard • Other materials, including soil, asphalt, drywall,roofing, carpet,ceiling tiles, and insulation. The best practice for handling C&D debris generated on the construction and/or demolition project sites is to separate C&D debris into separate roll-off containers for individual recyclable materials. Most job sites that separate and recycle material have two types of containers, one for commingled recyclable C&D material and one for disposal. Commingled recyclable C&D must then be processed at a mixed C&D processing facility(or C&D MRF). A limited portion of C&D recycling facilities across the state are known to process mixed C&D. One large and well-equipped mixed C&D processing facility is located in North Texas(Champion Waste&Recycling Services),providing valuable local C&D processing capabilities to support end-market demand for uncontaminated concrete/aggregate,cardboard,plastic and metals.Additional material-specific C&D recycling facilities/end users also exist in the region, supporting strong markets for materials such as concrete and asphalt. There is also an asphalt shingle recycling company with locations in the Dallas-Fort Worth Metroplex(Sustainable Pavement Technologies, LLC (Dallas,Fort Worth)). Local markets are available for key C&D materials including concrete/aggregate,metals, cardboard, plastic, lumber,and gypsum. Concrete/aggregate,metals,cardboard,and plastic have established end- markets that are strong and consistent. Demand of recycled asphalt shingles(RAS)has waned in recent years,with TxDOT and private contractors reducing its use in new pavement application; and some C&D recycling facilities have stopped accepting this material. Facilities with stockpiles of shingles are working to sell them as they are able. Other materials may have more limited or intermittent local markets. There are limited end-markets for gypsum other than processing the material on-site as part of composting operations and wood is often ground on processors' sites and used as part of disposal operations, composted, or otherwise re-purposed. As the City continues to develop and grow,C&D processing will continue to be critical infrastructure and an important opportunity for materials diversion through recycling. Given the City's proximity to C&D recycling facilities,including mixed C&D processing capabilities at Champion Waste&Recycling City of Denton, Texas 10-8 Burns&McDonnell 634 635 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities Services,there is significant opportunity to increase C&D recycling. One key challenge to C&D recycling is that project sites that are not required to recycle by local ordinance or company policy will only separate high-value materials like scrap metal. 10.4 Value of Additional Recycling Opportunities An estimated$8.63 million worth of recyclable materials are disposed by City customers annually,based on current commodity values City of Denton, Texas 10-9 Burns&McDonnell 635 636 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities Table 10-1) and the landfill disposal and composition information presented in Section 3.0 for single family,multi-family and commercial customers. Nearly half of the value of disposed materials is plastics(48 percent),followed by food and yard waste (24 percent)and aluminum cans and paper(12 percent each). Table 10-2: Estimated Value of Recyclables in the City's Landfilled Waste Stream Total Tonnage Value Disposed Recyclable Material Category Disposed' (rounded) Glass 1,936 $ - Metals—Ferrous2 1,177 $ 310,000 Metals—Non-Ferrous2 618 $ 1,010,000 Paper2 7,833 $ 1,040,000 Plastics2 5,390 $ 4,170,000 Food and Yard Waste 46,393 $ 2,100,000 Total 63,347 $ 8,630,000 1.Total estimates based on refuse composition information collected during the waste composition study conducted in 2020.Due to the limited number of samples sorted from multifamily and commercial generators,total composition and material-specific tonnages should be treated as an approximation. 2.Values of these material categories are based on September 2021 market data for the Houston (Southcentral USA)region,as shown in Table 10-1.3.Value based on industry value of compost at mulch per cubic yard(CY), assuming$30 per CY for compost and$15 per CY for mulch and 1.51 tons of compost produced per ton of organics. As described in Section 10.1,there is market demand for increased quantities of many of these recycled materials,provided these materials can meet standards related to quality/contamination. In addition to commodity value,increased recycling also provides benefits to the local and statewide economy. Based on recent statewide IMPLAN modeling performed for the State of Texas70,recycling activity provides the following economic benefits (including local benefits of material collection and processing): • Employment per 10,000 tons diverted: o Single-stream recycling: 38 full-time person-years o Organics composting: 17 full-time person-years 70 IMPLAN is a commonly employed tool for input-output analysis,used by governments,consultants,and academics. City of Denton, Texas 10-10 Burns&McDonnell 636 637 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities o C&D recycling: 5 full-time person-years • Economic benefit71 per ton diverted: o Single-stream recycling: $790 per ton72 o Organics composting: $350 per ton o C&D recycling: $110 per ton72 10.5 Role of Local Government in Recycling Market Development The TCEQ's recently published Recycling Market Development Plan highlights the following tools that can be used by local governments to support recycled material markets. • Education and Outreach.An important component of supporting recycling markets is education and outreach to residents and businesses so that the community is aware of material recycling opportunities. As described in Section 5.0,the City has an extensive residential education and outreach program, and includes outreach to the commercial sector in audience targeting. • Partnerships. Local governments may partner with a variety of entities to provide recycling services in a cost effective and sustainable way, including internal collaboration between departments,with local entities such as non-profits and universities, and with other local governments. Partnerships can help to collect sufficient material to meet market or community needs(e.g., donation)and achieve economies of scale and overcome potential cost barriers to recycling. Partnership opportunities for the City and are discussed in Section 10.6.Additionally, when contracting for material processing through a public-private partnership,it's important to structure contracts to limit contamination and strengthen material marketability(as discussed in Section 9.2). • Preferential Procurement.Public purchasing policies can be used by local government to support demand for recycled material feedstocks,through incentivized or required use of recycled-content paper,compost, or C&D aggregates. Environmentally preferred purchasing (EPP)is discussed in more detail in Section 10.6.1.3. • Pay-as-you-Throw(PAYT)User Fee System. PAYT is an approach to treat recycling and waste management service provision like a utility(charging in accordance with the amount of waste disposed). These variable fee programs can result in higher recycling rates due to the financial 71 Economic benefit is defined as the sum of labor income,value added,and tax revenue. 7z Excludes additional economic benefits of manufacturing using recycling material feedstock. City of Denton, Texas 10-11 Burns&McDonnell 637 638 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities incentive of minimizing waste disposed and increasing recycling. The City's variable rate structure charges residential customers based on the refuse cart size(either 65 or 95 gallons) as well as an additional fee for an extra 95-gallon cart. PAYT systems are effective in many cities, though recycling contamination can be a significant challenge. The City should focus on addressing contamination before considering significant changes to its pricing approach. Another approach to treating recycling and waste service as a utility can be the incorporation of impact fees,though these would need to be reviewed by the City attorney before being enacted. • Service Provision Mandates.Mandated service provisions are ordinances enacted by local government to require specific sectors(e.g.,multifamily, C&D)to contract for recycling services. These policies can be effective in supporting recycling markets for materials in areas with low participation/access to recycling programs. Policies can include mandatory recycling of certain materials(e.g.,Austin's Commercial Organics Diversion Requirements)and universal recycling ordinances(e.g.,Dallas's Multifamily Recycling Ordinance). The use of service provision mandates is discussed in more detail in Section 8.3 related to growth in the single family, multifamily,and C&D sectors. • Business Incentives. Cities may offer recycling-related businesses certain incentives to encourage the enhanced use of recovered materials from local,regional, or statewide sources. Example incentives include a reduced rate for waste disposal,reduced taxes/tax exemptions, and reduced utility rates. One approach local governments might consider is establishing recycling market development zones(RMDZs),which is particularly appropriate where local governments wish to concentrate such industry in one or more geographic areas. 10.6 Partnerships Options for Increased Diversion This section summarizes current and potential partnership opportunities identified throughout the development of the CSWMS. As program and community needs change,it will be important to periodically reexamine partnership opportunities. These include partnerships with other City departments and programs(described in Section 10.6.1), local entities(described in Section 10.6.2) and neighboring communities(described in Section 10.6.3). 10.6.1 Partnerships with City Departments Within the City's current waste and recycling services,there are opportunities to partner with other departments to expand or improve services. There are also several tools and mechanisms that local government can implement to support recycling markets and increase diversion. Implementation of some City of Denton, Texas 10-12 Burns&McDonnell 638 639 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities of these opportunities will require coordination among multiple departments, including SWR. This section describes each of these opportunities,the current status, and future opportunities. 10.6.1.1 Public Space Recycling The City of Denton Parks&Recreation department is responsible for refuse and recycling in the City's parks,trails, and public spaces. Currently,the program is passive with limited to no education and outreach from Parks&Recreation related to recycling and limited availability of recycling bins in public spaces. There is an opportunity to phase in recycling through paired bins(i.e.,recycling bins co-located with existing refuse bins) and provide education and outreach through the City's recreation leagues on topics such as bringing reusable water bottles or recycling single-use water bottles during league activities. Longer term,the City could explore establishing a small impact fee for leagues to support the investment and costs associated with the provision of recycling services. 10.6.1.2 Innovative Food Waste Diversion As described in Section 6.6,the City recently received a grant from the NCTCOG to fund a food waste diversion pilot program in the historic downtown area.Diverted organics are currently composted at the City's Pecan Creek WWTP,which is located adjacent to the Denton Landfill. There are plans to macerate recovered food waste to be co-digested at the WWTP for the production of biogas(and potential upgrade for pipeline injection). There is an opportunity for the City to divert increased quantities and types of food waste for co-digestion,based on the successes and lessons learned from this pilot program. SWR should continue to collaborate with the City's wastewater treatment staff throughout the pilot program to evaluate success and coordinate on needs and opportunities to expand the program. 10.6.1.3 Environmentally Preferred Purchasing (EPP) Environmental preferred purchasing(EPP) strategies, such as recycled-content requirements are one method to incorporate environmental considerations into public purchasing.As part of the recent Governmental Entity Recycling Program(30 TAC §328 Subchapter K),counties,municipalities, school districts, and certain other public entities not previously subject to the state's procurement policies (described in more detail below)must give purchasing preference to"products made of recycled materials if the products meet applicable specifications as to quantity and quality and the average price of the product is not more than 10 percent greater than the price of comparable nonrecycled products.1173 73 30 TAC §328.203. TCEQ's resources for implementation are available online: https://www.tceq.texas.goy/p2/recycle/governmental-enti. -recycling-progr, am City of Denton, Texas 10-13 Burns&McDonnell 639 640 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities The City's Procurement Policy allows the City to establish environmentally preferred purchasing(EPP) policies,including and in addition to those in 30 TAC §328.203,to incorporate environmental considerations into public purchasing to the extent that it is available,practical, and reasonably permitted by law.74 The City's Procurement and Compliance Department has hired staff to work on EPP. There is an opportunity for the City to further support recycling markets through the purchase and use of recycled- content products,which can be encouraged or required through EPP policy developed in partnership with the Procurement and Compliance Department and SWR. EPP programs may apply to typical recyclables (e.g.,recycled-content paper or plastic products)to support existing markets or other materials(e.g., construction debris)to increase local markets for these materials. Buy-recycled programs are typically implemented by local governments as a policy or program rather than as an ordinance. State of Texas Procurement Policies. State agencies are required to give preference to the following specific type of products: 1. Certain recycled,re-manufactured,or environmentally sensitive products. These products are known as"first choice purchasing options."First Choice products have a 10 percent price preferential(meaning they should be preferred even if they cost up to 10 percent more than products that do not contain recycled content)and must suit the needs of the purchaser. These product types include: o Re-refined oils and lubricants(to be 25 percent recycled content, if quality similar); o Certain paper products, including paper towels,toilet paper,toilet seat covers,printing, computer and copier paper, and business envelopes (a state agency is to procure the highest recycled content that meets their needs and is offered by the Comptroller); o Certain plastic products including trash bags,binders,and recycling containers; and o Steel products. 2. Electronics manufactured by"a manufacturer that has a program to recycle the computer equipment of other manufacturers, including collection events and manufacturer initiatives to accept computer equipment labeled with another manufacturer's brand"(Texas Health and Safety Code §361.965(d)). Additionally,the Comptroller may give priority to rubberized asphalt paving(RAP)material made from scrap tires by a facility in this state if the cost, as determined by life-cycle cost-benefit analysis, does not 74 Resolutions R2007-032,R2008-42,and R2014-008 in Denton Procurement Policy,June 2020. Section 17.1. Available online:https://www.cityofdenton.com/DocumentCenterNiew/615/Procurement-Policy City of Denton, Texas 10-14 Burns&McDonnell 640 641 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities exceed the bid cost of alternative paving materials by more than 15 percent. (Texas Government Code §2155.443). 10.6.2 Partnerships with Other Community Entities The City has had success with current partnerships, including with the Denton Independent School District(DISD). The DISD program is popular to help raise awareness,interest, and engagement with K- 12 students on topics related to materials management,recycling and sustainability.While the coronavirus pandemic interrupted in-person elements of the DISD partnership,it has provided the opportunity for City staff to refresh and retool the program content. While previous years had focused on the quantity of materials that were recycled,the program will now focus on recycling correctly to address issues like contamination. In addition to continuing the DISD program,there are additional community partnerships the City could establish and/or leverage to address community needs and support innovation and reuse. These are described in the following sections. 10.6.2.1 Partnerships to Address Community Needs There are opportunities for the City to partner with others in the community to increase the diversion of materials. City of Denton, Texas 10-15 Burns&McDonnell 641 642 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities Table 10-3 communicates example partnership-based collection and end use opportunities currently identified to divert useable materials to meet community needs. Following the table,university move out and food donation examples are described in more detail. City of Denton, Texas 10-16 Burns&McDonnell 642 643 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities Table 10-3: Example Community Collection and End Use Opportunities Reuse and End Use Material Category Collection Opportunities Opportunities Furniture/Bulk University Move Out Shelters,Homeless and at-risk programs Edible Food Restaurants Food banks, Shelters Bikes University and City Shelters,Homeless and at-risk Abandoned/Surplus programs University Move Out Shelters,Homeless and at-risk Textiles programs,University design programs • University Move Out. There are multiple colleges within Denton. Student move out events can create significant amount of waste, including large quantities of furniture and other home goods still in usable condition. While these items could be donated,time constraints and convenience often result in them being landfilled. The City services refuse dumpsters from the universities, and this material is transported to the Denton Landfill. There is an opportunity for the City to partner or assist local universities to recover material from move out events to be donated to local non-profits that provide furniture and other items to those experiencing or at-risk of homelessness or experience other crisis, including the City's Loop 288 Building partnership with Our Daily Bread.75 The City can coordinate with university student life and sustainability offices and non- profits to operate drop-off based move out program. The City of Austin has experienced success with its MoveOutATX program,which diverts significant quantities of material to local non- profits during move-out. The program is a partnership between the City's Office of Resource Recovery,the University of Texas at Austin, and multiple reuse organizations throughout the city. As part of its program,MoveOutATX also provides donation and cardboard recycling drop-off during move-in. • Food Donation.Food insecurity is a challenge in communities across the state and country. While many businesses with surplus food may already donate to shelters,there is an opportunity to the City to encourage donation of edible surplus food to local food banks though existing programs such as the Green Business Program. This practice can increase sustainability by avoiding food waste generation. 75 https://www.cityofdenton.com/429/Current-Initiatives City of Denton, Texas 10-17 Burns&McDonnell 643 644 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities Community partnerships can be supported, and in some cases co-located,through an established facility for community drop-off. This is the approach used for the Center for Hard to Recycle Materials(CHaRM) and ReSource Reuse facility in Boulder, Colorado. The city operates these facilities in partnership with local non-profits to support community needs and collect material(e.g.,textiles)that can be upcycled by local companies. Case study: City of Boulder,Colorado. The City of Boulder operates the Center for Hard to Recycle Materials (CHaRM) in partnership with local non-profit Eco-Cycle. The CHaRM facility is located along "Recycling Row," a one-mile section of 63'St.that also includes the City's recycling center,a stand- alone HHW facility,a yard-waste drop-off center, and the ReSource Reuse facility(a non-profit conservation hub that includes zero waste programs such as deconstruction assessments and a tool lending library). Through the CHaRM facility,the City collects a variety of materials for recycling or reuse, including rigid HDPE,plastic bags/film,bubble wrap,bike tires and tubes,print cartridges,electronics, textiles,yoga mats,and cooking oil. Some of these programs are facilitated through community partnerships and coordination, such as: • Electronics and plastic appliances are recycled on-site through a partnership that employs people with autism and other disability who are trained as recycling technicians. Since electronics are disassembled on-site, CHaRM provides guaranteed chain-of-custody and data security. • Bike tires and tubes are recycled into packs and bags by a local company(Green Guru Gear) • Yoga mats are used as a recycled textile to make bags and other gear by local companies 10.6.2.2 Partnerships to Support Innovation and Creative Reuse • Educational institutions can serve as engines of innovation for sustainability. Due to the complex inter-disciplinary nature of sustainability and zero waste research(i.e.,benefiting from research in chemistry,psychology,business, economics, and other disciplines),there are various vantage points from which recycling can be explored,including: • Researching novel end uses for incorporating recycled materials into new products • Advancing processing technologies • Conducting product life-cycle assessments(LCA) • Studying behavioral science related to diversion and contamination Research topics may be spurred by discussions among faculty, City staff,the business and non-profit communities, and other government institutions; and could be targeted to materials of specific challenge or concern to the city(e.g.,glass recycling, contamination). City of Denton, Texas 10-18 Burns&McDonnell 644 645 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities Universities can also demonstrate creative reuse through visual art,textiles, design, and other creative fields. For example,UNT's College of Visual Arts and Design(CVAD)may be a potential partner for demonstration projects or other creative reuse. 10.6.3 Partnerships with Neighboring Communities There are multiple related opportunities for the City to partner with neighboring communities to increase diversion and support recycling markets.As described in Section 8.3,the Denton Landfill is an important disposal resource not just for the City but also for north and west areas of the region where disposal alternatives and diversion programs are more limited(e.g.,Wise County). Because of this,the City can leverage its put-or-pay discount structures to incentivize neighboring communities to divert material from landfill. This approach will be most feasible if the City executes these discount contracts directly with the communities(rather than with the private haulers,as is currently the case). The communities can subsequently tailor their hauler contracts to include additional diversion programs(e.g., curbside recycling,if not already available)as desired to meet the discount contract terms and/or operate their own diversion collection programs. Timing will be a consideration when implementing this approach with individual communities, as each transition would need to occur when the contract between the respective community and hauler(s)expire or are up for renegotiation. Additionally,it may be challenging for some smaller communities to transition to this approach in the near-term,but it may become a viable opportunity in the long term based on future growth in these communities. The discount approach could attract increased volumes of recycling material to the Pratt MRF (or future expanded regional MRF)or to other City programs (such as a regional HCC approach, as described in this section). Regional HCC approach.As noted in Section 10.1.9,there is demand and opportunity to expand the City's HCC program through partnership with surrounding communities to provide safe home chemical management to residents without a current program. This approach has been successful in other parts of the North Central Texas region,including Dallas County and the cities of Fort Worth and Frisco. Currently,the City's HCC drive through program must turn away residents from surrounding communities(estimated at 5-10 people per week). These customers and others could be accommodated through a regionalized program,with drive through service potentially doubling if opened to surrounding communities. Major elements to expanding the HCC to be a regional program include: Understanding regional market and interest from neighboring communities. Planning for an expanded program first requires identifying potential participants. Burns&McDonnell City of Denton, Texas 10-19 Burns&McDonnell 645 646 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities completed regional market evaluation for the City as part of the 2017 Regional HCC Study and multiple entities expressed a high level of interest in partnering with the City to participate in the HCC program. • Set program pricing.Pricing is the most important factor in determining whether a city will participate in a regional program. The City must set an appropriate non-resident price to account for additional material management costs and increased staffing needs. Cities with regional HCC program are consistently able to fully recover costs by using billing structures that charge participating cities for actual program participation and costs, such as through a voucher program (as is the case in Fort Worth). • Execute interlocal agreements. Interlocal agreements for regional HCC services outline key items such as the participation options, costs and responsibilities(e.g., staffing, capital costs) pricing structure(e.g.,use of vouchers), and reporting/auditing procedures. The 2017 Regional HCC Study includes a draft interlocal agreement created for the potential HCC expansion at that time,and contract language could be revised as necessary to facilitate HCC regionalization. • Raise awareness within communities.Education and outreach are necessary to raise awareness and participation in the regional HCC service.Brochures and other material can be provided to participating communities,which can be created from existing program resources(including the HCC brochure produced for the City by Burns&McDonnell as part of the 2017 study, shown in Figure 10-2). Outreach efforts can be most successful if performed by the individual participating communities, as they have established methods to reach residents regarding solid waste services. Based on the experience in Dallas and Fort Worth, it can take 5-7 years for a regional program to become firmly established. City of Denton, Texas 10-20 Burns&McDonnell 646 647 Comprehensive Solid Waste Management Strategy Material End Markets&Parternship Opportunities Figure 10-2: Regional HCC Brochure' H, HOME CHEMICAL CENTER Reuse sirio re Marry items collected i gat the Home Chemical Center still DON'T TOSS available for retail,in good condition,and at least half-full, e offered to residents of participating communities at no charge. Limit six items per resident per visit.Proof of residency required. Visit us at 1527 S.Mayhill Road TOXIC S TI_ **Z0 BRING YOUR TOXICS TO THE: TIPS TO REDUCE YOUR CHEMICAL USE ,7. • Don't buy more than you need.If you have leftovers, I. share use more nan you need. HOME CHEMICAL • Don't use more Man you need.Follow the measurement instructions on the label N d I CENTER • Try organic garden products and Pest control.They work) • Choose"green"cleaners and products.Many mrlventional brands have a green line of comparable products that are safe for children and pets tool • Visit the Home Chemical Collection ReUse Store. The safe way to dispose of harmful household chemicals. For more information: Call the Denton Regional Home Chemical Center at(940)349-5700 or contact your community's Solid Waste or Public Works Department REGIONAL HOME CHEMICAL CENTER EXAMPLES OF ACCEPTED ITEMS.�,..�ba�a. Items will be recycled,reused,or disposed of properly. The Denton regional Home Chemical Center provides proper disposal Household Cleaners Paint B Related Supplies f household hazardous waste(HHW)for residents of participating Aluminum cleaners Paint II unities in Denton County and surrounding areas.Residents may (a types) drop-off their items at the Center and visit the on-site Re-Use Store. Furniture polish Spray paint Bathroom cleaners Paint stripper Before you arrive,please contact your community to find out how you can Kitchen cleaners Stalns/Varnishes participate. Disinfectants Paint thinner Metal polish Turpentine Drain openers Primer Oven cleaners Wood preservative Fool care products Window/glass cleaners Peol Chemica ls&Clearers Alkaline addMves Automotive Fluids a Fuels Pool chlorine •-•..•.•o. Antifreeze Murlatic add ------- Diesel fuel Shock treatments e Batteries 7 Gasoline Household Items Battery acid Motor Oil(screw-top lid) Compactfluorescent bulbs(GELS) Brake fluid Aerosol c cans(empty or withproduct) Oil filters(put In sealed bag) Batteries(all kinds)Moth balls Car care products BTraniinnug spray Degreasers fluid Personal care products C Degreasers Cooking Oil(scree-top lid) Windshield washer fluid Photographic chemicals Lawn 8 r•a Jeri Su r+Plies FVeextingulshem Rust remover Fertilizer ... Fluorescent tubes Insecticide/pestickte Sh Fungicide Glue/Aoe polish.... Polsons Thermometers herm metWe N� Herblclde Thermo ring pr ducts M� Y Weed killer Gun cleaning Products The mostat Keroseneane/L/Lighterfiuld Bring Your Toxics to 1527 S.Mayhill Road CENTER HOURS: Items not accepted:(6WeCtte ota ml Monday-Thursday.7 a.m.-5 p.m. Ammunition,Arsenic.Commercial waste,Medical waste,Nuclear/radloactive Saturday:7a.m.-4 p.m. waste,Pharmaceuticals,Propane and butane cylinders,Tires,Unidentified chemicals • is )Developed previously by Burns&McDonnell for the City's 2017 Regional HCC Study City of Denton, Texas 10-21 Burns&McDonnell 647 648 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities Depending on the success of an expanded HCC drive through program,the city and participating communities could consider other options such as mobile events in partner cities. To accommodate new programs and the associated capital costs,the interlocal agreements could be updated to specify how additional capital and operating costs incurred by the City would be factored into program pricing. 10.7 Key Findings and Recommendations The following presents consolidated key findings and recommendations related to the opportunities for the City to increase diversion and reuse to address community and market needs,as a basis for the Strategy to Support New Markets and Leverage Partnerships evaluated in Sections 11.6 and 12.0. • Contamination is a barrier of concern for end markets for many recyclable materials. Market demand exists to support increased recovery of many typical recyclables;however,high contamination reduces bale quality and marketability of recovered commodities. The City's efforts to reduce contamination through enhanced education, outreach,and compliance and optimized recycling processing will improve the quality and value of the City's recyclables, especially for materials such as glass,paper,plastics.Efforts to increase recycling will provide more,clean material to Pratt for recycling. • While markets for compost products face challenges in Texas,the City's program is well- positioned to be competitive. While the Recycling Market Development Plan identified key challenges of contamination, lack of education and outreach, and concern over product quality, the City currently addresses these challenges through program design, a robust education and outreach program, and STA certification for Dyno Dirt compost. The City should be mindful of the contamination potential in the commercial food waste pilot and any future expansion, and track research developments on compost quality and safety to continue to be proactive regarding compost product quality,testing, and marketability. • There are multiple tools and mechanisms available to local governments to support recycling market development efforts. These include education and outreach,leveraging partnerships,preferential procurement,treating waste and recycling as a utility, service requirements and ordinances, and business incentives. These tools and mechanism options have been summarized and evaluated throughout the development of this CSWMS, so that the City's efforts can align with future implementation of TCEQ's Recycling Market Development Plan. • There are coordination opportunities for SWR with other City departments to increase diversion through sustainability initiatives,programs, and services. As the service provider, City of Denton, Texas 10-22 Burns&McDonnell 648 649 Comprehensive Solid Waste Management Strategy Material End Markets& Parternship Opportunities SWR may be department most associated with waste and recycling; however,other departments can plan important roles in enacting initiatives and policies to advance sustainable materials management. These include collaboration with: o Parks&Recreation to address opportunities to increase public space recycling o Pecan Creek WWTP to advance a long-term strategy related to organics diversion o Procurement&Compliance to develop EPP programs to support recycling markets • There are community needs that could be met through coordination opportunities with local entities to recover specific materials. By directly partnering or supporting and facilitating programs established by local universities or non-profits,the City can help divert materials that would otherwise be collected and landfilled through City-provided disposal service.Potential examples include: o Reuse and donation drop-off at college move out to support shelters and homelessness services, including the Loop 288 Building/Our Daily Bread initiative. o Food waste diversion efforts to support food banks and soup kitchens. • University research,innovation and demonstration initiatives to find new markets and raise awareness of creative reuse and recycling. With multiple universities located nearby,the City can benefit from partnerships to support research and innovation related to materials management and demonstrate creative reuse through design and other visual arts programs. The City has also benefited from having student interns participate with SWR. • Partner for regional HCC services to support key diversion activities in neighboring communities. Currently,residents of neighboring communities attempt to use the HCC drive through service and must be turned away. The City should explore the creation of regional HCC program. Regionalization can provide economy of scale benefits for the City's current program and allow for home chemical materials and other household hazardous wastes to be safely and properly managed in neighboring communities that may otherwise be sending these materials to the Denton Landfill. Regional expansion can be executed through interlocal agreements and billed using a voucher system(or similar per-participant reimbursement)to recover additional costs associated with the expanded program. City of Denton, Texas 10-23 Burns&McDonnell 649 650 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis 11.0 STRATEGY DEVELOPMENT AND ANALYSIS This section presents an evaluation of the strategy options identified based on the current system analysis, industry trends and best practices,and community engagement, for the City of Denton CSWMS. The identified strategies for the City's consideration and implementation are to: • Enhance Education, Outreach and Compliance • Implement Innovative Organics Management • Efficiently Use Landfill Capacity • Plan for Future Growth • Optimize Recycling Processing • Support New Markets and Leverage Partnerships The evaluation of each of these strategies is presented below, and includes the following: • Strategy objectives.Describes the overall objective of the strategy, and related key performance indicators or metrics of success. • Tactics for strategy implementation.Lists the recommended tactics or actions for the City to achieve the strategy objectives. • Financial impact.Describes the financial impacts of implementing the option and if it would increase operational/capital costs to the City or customers a low,medium or high basis. Planning- level cost estimates are also provided for some potential new programs, as applicable. • Environmental impact.Indicates if the option would increase emissions or result in other environmental consequences on a low,medium or high basis. 11.1 Enhance Education, Outreach and Compliance The City currently provides a robust education and outreach program, complemented by cart tagging and contamination tracking assisted by Rubicon. Efforts to improve program performance (i.e.,contamination rate,participation rate,diversion rate)can be enhanced through additional education,outreach, and compliance strategies. 11.1.1 Tactics and Recommendations Tactics to enhance education,outreach, and compliance are focused on efforts to address challenges(e.g., contamination)and increase diversion through education and outreach content and scaled up compliance efforts. Specifically,to implement this strategy,the City should: City of Denton, Texas 11-1 Burns&McDonnell 650 651 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis • Track and report material capture rates,recycling contamination, and waste reduction. • Continue data-driven content and audience targeting. • Incorporate incentives into compliance program. Track and report material capture rates,recycling contamination, and waste reduction. The metrics for the City's current education, outreach and compliance program do not provide a clear and measurable definition of success For the City,material capture rate,recycling contamination rate, and waste reduction rate can serve as valuable metrics to understand how well education and outreach program content impacts residents and others in the City to participate in recycling programs(through material capture rate),recycle the right materials(through contamination rate),and engage in other sustainable behavior for waste reduction(through waste reduction rate).With these metrics, it is essential to have quality data to benchmark and track the progress of education, outreach and compliance efforts and goals(described in Section 1.0). The City currently tracks data related to its waste and recycling programs from a variety sources, including the quantities of material collected through its curbside programs (primarily residential data),information on collection activity from on-board technology, and estimates of recycling contamination from the Pratt MRF. The City has also participated in NCTCOG waste composition studies,which provide insight into the composition of its waste and recycling streams and resulting capture rates of recyclable materials. Key implementation steps identified for tracking and reporting capture rate,recycling contamination,and waste reduction are: • Develop a Data Collection and Analysis Plan and negotiate components of the recycling processing agreement(if necessary)to obtain reliable recycling and contamination data. • Perform routine tracking and reporting of material capture rates,recycling contamination, and waste reduction consistent with Data Collection and Analysis Plan. Continue data-driven content and audience targeting. The City has demonstrated success with reaching broad target audiences and developing data-driven content(e.g.,based on common Waste Wizard searches). Key implementation steps identified to build on current success with data-driven content and audience targeting are: • Continue to track and leverage technology developments (e.g.,Waste Wizard,Rubicon hardware and software packages) for future content development and audience targeting. • Segment target audiences such as specific types of businesses, City departments, or customers with low participation,to target messaging to specific milestones or challenges (e.g., contamination,participation). City of Denton, Texas 11-2 Burns&McDonnell 651 652 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis • Consider developing dedicated campaigns implemented with the approach of collecting data, collaborating closely with stakeholders, and setting goals with clearly defined success metrics. Incorporate incentives into compliance program. The City's current cart audit and"oops"tag cart- tagging programs have been successful in decreasing contamination in highly contaminated routes. Incorporating compliance incentives into the existing program can help further deter contamination and improve recycling behavior. The range of options including case studies are presented in Section 5.2.Key implementation steps identified to incorporate incentives into the compliance program are: • Scale up cart audit and"oops"tag program to additional routes/areas of the City. • Determine desired additional compliance actions to deter contamination(e.g., fee, "three-strikes" bin removal),and education and outreach opportunities for fee waiver(e.g.,training and quiz)as appropriate. • Develop program, ordinance and phasing plan for additional compliance actions to deter contamination. 11.1.2 Financial Impacts The financial impacts of the tactics to implement enhancements to the education and outreach program are generally low, and these recommendations build from current activities. There are additional direct costs are associated with scaling the City's use on-board camera technology for contamination tracking to support the"oops"tag program,which is currently in a pilot stage. Current costs are approximately $4,000 per trucks for on-board equipment and annual maintenance costs around$1,500.As the program scales as part of data collection and data-driven audience targeting,these direct costs are expected to scale. To manage costs associated with expanded data collection,the City can strategically deploy newly outfitted trucks methodically across routes to observe contamination rates. The City can also take an approach to determine the level of invested as trucks are replaced,rather than retrofitting the full existing fleet in a single budget year. 11.1.3 Environmental Impacts This strategy focuses on improving system performance, specifically reducing recycling contamination and increasing diversion rates. Based on the composition of the City's residential single-stream recycling program, for every additional ton of program material captured through increased residential recycling participation, greenhouse gas(GHG)emissions would be reduced by approximately 2.5 MTCO2e. If the City were to increase recycling capture rates to 80 percent for each material category by 2040, an additional 9,100 tons of recycling would be diverted from landfill in 2040,reducing the City's carbon City of Denton, Texas 11-3 Burns&McDonnell 652 653 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis footprint by as much as 23,000 MTCO2e per year.76 Reducing contamination is also important from a GHG perspective,as contamination reduces MRF efficiency(resulting in emissions such as additional energy use at the MRF), can cause lower-grade bales(resulting in reduced carbon off-sets if bales are not suitable for the highest and best uses), and results in rejected loads that are landfilled rather than recycled (resulting in no environmental benefit as recyclable materials are disposed). Other benefits associated with increasing diversion and reducing contamination include: • Energy Use and Conservation. One of the largest environmental benefits of recycling is the resulting energy savings when manufacturers use recycled(rather than virgin)feedstocks in the manufacturing of products. These savings result from avoiding energy-intensive processes such as mining,refining, and processing raw materials. Energy savings from recycling vary by material and end use of the recycled feedstock but are generally greatest for paper grades followed by plastics, aluminum, glass and ferrous metals. Reducing contamination avoids wasted energy used to sort and process materials not suitable for recycling. • Land Use.On a local scale,recycling presents significant landfill diversion potential, contributing to airspace preservation and extending the life of the Denton Landfill. • Transportation.Reducing contamination can result in more efficient recycling collection routes. Although net transportation will increase as more single-stream material is diverted and tonnage increases on recycling routes,the energy savings (including fossil energy) associated with using recycled material feedstock will greatly offset these local increases. • Watershed Protection and Open/Natural Space Utilization. Globally,recycling materials for remanufacturing reduces or prevents the need for raw material extraction(e.g.,mining, forestry), which provides environmental benefits associated with reduced run-off and preservation of open/natural space in these areas. 11.2 Implement Innovative Organics Management The Strategy to Implement Innovative Organics Management is focused on expanding the City's waste reduction and diversion efforts associated with organic wastes, especially food waste. Food waste is a significant portion of both the generated and landfilled materials.As described in Section 2.0,there is growing national focus on food waste reduction. 76 Estimate is based on diverting an additional 9,120 tons of residential single-stream recycling(compared to maintaining current rates as the City's population grows),with net GHG emissions reduction of 2.5 MTCO2e/ton mixed single-stream recycling.Reductions vary based on material from 9.15 MTCO2e/ton for aluminum cans to 0.30 MTCO2c/ton for glass bottles.Impact factors based on U.S.EPA Waste Reduction Model(WARM)v15 documentation(https://www.epa.gov/warm). City of Denton, Texas 11-4 Burns&McDonnell 653 654 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis 11.2.1 Tactics and Recommendations Tactics to implement innovative organics management are focused on two-pronged approach: to increase the diversion of food waste recovery from commercial generators where clean food waste materials can be collected and processed efficiently,and to increase awareness and technical assistance City-wide of reduction and diversion strategies. Specifically,to implement this strategy,the City should: • Pilot commercial organics composting or co-digestion program at Pecan Creek WWTP. • Increase education and outreach and technical assistance for source reduction and diversion of food waste. Pilot commercial organics composting or co-digestion program at Pecan Creek WWTP. The commercial sector presents the greatest food waste diversion potential for the City with over 30,000 tons of commercial food waste generated in the City and subsequently disposed in landfill in 2020. The City has existing anaerobic digestion infrastructure and biogas upgrading experience,providing the potential to convert clean source-separated commercial organics to energy in partnership with the Pecan Creek WWTP. Key implementation steps identified for source-separated commercial organics diversion are: • Implement source-separated organics collection program in the downtown areas for customers served by the valet service,including purchase of new macerator technology for feedstock processing. • Track performance of commercial food waste pilot program through KPIs, survey of participating businesses and valet service staff, and coordination with WWTP. • Target additional large commercial food waste generators(e.g., DISD and UNT cafeterias)for expansion of the food waste diversion program to become city-wide. Increase education and outreach and technical assistance for source reduction and diversion of food waste. The City's education and outreach program includes information on the importance of source reduction, and there is opportunity to expand content to further encourage or incentivize activities such as waste reduction,backyard composting and food donation. Key implementation steps identified for increasing education and outreach and technical assistance are: • Increase source reduction education and awareness content,through unique content and/or available Save the Food campaign. City of Denton, Texas 11-5 Burns&McDonnell 654 655 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis • Promote backyard composting to single family residents through education and outreach,and explore options such as partnership with County Extension Service and a home composting rebate program, or a compost bin discount or giveaway. • Promote source reduction and donation to commercial entities through education and outreach, partnerships with food banks, and/or as part of the green business program. The United States Department of Agriculture(USDA)provides resources regarding liability protection afforded by the Bill Emerson Good Samaritan Food Donation Act and other frequently asked questions for commercial entities seeking to donate excess food." 11.2.2 Financial Impacts The City recently submitted a successful NCTCOG regional solid waste management grant application to pilot a commercial organics program in the valet service area,and was awarded$60,723 in grant funding. Recent global supply chain challenges have resulted in an increase in estimated program costs (communicated in Table 11-1). Estimated costs are $100,224 to purchase and install necessary equipment (i.e., food waste macerator) supplies for participating entities (i.e., food waste carts,bins) and program educational materials.Accounting for the $60,723 in grant funding to the City,this leaves approximately $39,500 remaining to be funded. Table 11-1: Planning-Level Cost Estimate for Commercial Organics Pilot Item Quantity Unit Cost Total Cost' Macerator 1 $65,000 $65,000 Construction 1 $15,000 $15,000 Food Waste Cart 112 $49 $5,440 Gravity Lock 112 $7 $784 Freight 1 $2,000 $2,000 Food Waste Kitchen Bin 100 $20 $2,000 Educational Materials 1 $10,000 $10,000 Total Pilot Costs $100,224 'Initial cost estimates submitted as part of the grant application were$67,724;however,estimated costs of the macerator have doubled from approximately$32,500 to$65,000 due to global supply chain challenges. "https://www.usda.gov/sites/default/filcs/documents/usda-good-samaritan-fags.pdf City of Denton, Texas 11-6 Burns&McDonnell 655 656 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis Estimated costs for increased education and outreach for source reduction and diversion of food waste are minimal as quality free resources such as the NRDC's Save the Food campaign available to support these efforts. Implementing new incentive programs, such a home composting rebate programs or compost bin discount,would require additional funding to support the incentives and associated staff time. Direct costs are estimated to be approximately$6,000 per year,based on a typical rebate cost of$75 per participating household and annual participation of 80 households per year(based on participation rates of single- family homes in other compost rebate programs of approximately 0.25 percent). Some home composting programs, such as in the City of Austin,require participation in a City-hosted composting education event (or webinar). The City could partner with entities such as Keep Denton Beautiful or the Denton County Master Gardner Association to implement a similar training requirement, if desired. 11.2.3 Environmental Impacts This strategy focuses on food waste reduction and diversion from landfill,both of which have GHG benefits. Commercial organics represent the largest portion of potential food waste diversion. If the City were to capture 20 percent of commercial organics by 2040,this would represent an estimated 21,000 tons of food waste diverted from landfill. The resulting reduction in landfill emissions and carbon benefits of managing this material at Pecan Creek WWTP through either anaerobic digestion or composting would reduce the City's carbon footprint by as much as 11,300 MTCO2e per year in 2040.78 Other benefits associated with diversion of food waste organics include: • Energy Use and Conservation.Food waste diverted through anaerobic digestion at the Pecan Creek WWTP provides biogas-derived energy. Capture of biogas from food waste is more efficient than in a landfill gas system, as food waste materials degrade more rapidly than other organics and a notable portion of methane generation occurs prior to the installation of landfill gas collection system. On a broader scale, food waste source reduction tactics such as smart purchasing and donation reduce the waste of imbedded energy resources in the food products. • Land Use and Open/Natural Space Utilization. On a local scale, commercial food waste presents significant landfill diversion potential,contributing to airspace preservation and extending the life of the Denton Landfill. On a broader scale, significant land is used to produce food that is later wasted. Food waste source reduction tactics such as smart purchasing and donation help mitigate these impacts. 78 Estimate is based on diverting 20,961 tons of commercial food waste(20 percent of estimated commercial food waste generation in 2040),with net GHG emissions reduction of 0.54 MTCO2e/ton when diverted via composting and 0.42 MTCO2e/ton when diverted via anaerobic digestion.Exact values will vary based on exact composting and anaerobic digestion technology utilized.Impact factors based on U.S.EPA WARM v15 documentation (hig2s://www.epa.gov/wg,rtn). City of Denton, Texas 11-7 Burns&McDonnell 656 657 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis • Watershed Protection. Compost soil amendments(produced from composting food waste or the solids resulting from anaerobic digestion)provide multiple benefits including reducing run-off through improved soil porosity and decreased need to apply fertilizers. 11.3 Efficiently Use Landfill Capacity Landfills will play a necessary role in materials management through the 2040 planning horizon,even with increasing rates of recycling,waste reduction efforts,and technological advancement. The City owns and operates the Denton Landfill,placing it in a position of self-determination regarding refuse disposal and capacity planning. 11.3.1 Tactics and Recommendations Tactics to efficiently use landfill capacity are focused on efforts to balance the need to preserve airspace while meeting short- and long-term revenue needs. Specifically,to implement this strategy,the City should: • Track landfill market pricing to set and revise rates accordingly. • Stabilize residential disposal rates and adequately fund diversion programs. • Use disposal contract rates to preserve airspace by incentivizing diversion in surrounding communities. Track landfill market pricing to set and revise rates accordingly. The City's current gate rates and discount contracts appear to be generally in line with other facilities in the region; however, as facilities change their respective pricing and discount strategies the market will shift. Given the number of factors, including price,that influence the flow of refuse throughout the region,the City should conduct routine market studies to track disposal capacity market price and set rates accordingly to balance short-and long-term capacity and revenue needs. Stabilize residential disposal rates and adequately fund diversion programs. After 2023,it is anticipated that the put-or-pay contracts will not be needed to pay down long-term debt, and instead can generate net revenue for SWR. Implementing a sustainable materials management plan will require expanded and new programs to further increase the City's diversion efforts. In turn,programs will require funding support that could include revenue generated through put-or-pay contracts. The City should explore the creation of a special fund so that future disposal contract revenues could be directed to stabilize residential rates and fund diversion programs. The creation of a special fund may become increasingly important as the value of put-or-pay contracts increases due to regional capacity constraints. City of Denton, Texas 11-8 Burns&McDonnell 657 658 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis Use disposal contract rates to preserve airspace by incentivizing diversion in surrounding communities. The Denton Landfill is an important disposal resource for north and west areas of the region where disposal alternatives and diversion programs are more limited(e.g.,Wise County). While the City provides essential sanitary service to these communities through the safe disposal of non- recyclable wastes,there is an opportunity to divert material from these communities as well. The City can leverage put-or-pay discount structures to incentivize third-party communities to divert by contracting directly with communities (rather than their contracted hauler)and implementing a discount structure that provides an increase discount rate based on documented diversion tonnages. This shift in the put-or-pay approach could be used to attract increased volumes of recycling material to the Pratt MRF (or future expanded regional MRF)as well as the potential regionalization of other City programs(e.g.,HCC) for increased diversion and improved economies of scale.Key implementation steps identified for tracking and reporting capture rate,recycling contamination, and waste reduction are: • Develop rate structure, ordinance, and implementation plan for revised discount contract approach that considers diversion level of the generating community. • Implement updated disposal contract rate structure by executing contracts with communities. 11.3.2 Financial Impacts The primary direct costs associated with the Strategy to Efficiently Use Landfill Capacity are to conduct routine studies to track regional disposal capacity market price and capacity,which could require significant staff time and/or outside services to complete. These studies would inform the City's decisions when setting disposal pricing at the Denton Landfill for non-resident customers.At current gate rate pricing, each ton of airspace saved through recycling or waste reduction is valued at$48; however that saved capacity will become increasing valuable as the regions' landfills reach capacity in the coming years.As the City explores options to revise the put-or-pay contract structure and incentivize diversion in neighboring communities, contract pricing and discount structure should be balanced with near-term financial needs to not drive tonnage away to the extent that revenues become insufficient to fund operational needs. 11.3.3 Environmental Impacts This strategy focuses on the efficient use of the City's landfill capacity. The environmental impacts of landfilling,including GHG emissions,vary depending on the materials being landfilled as well as the landfill gas management approach. Organic materials(e.g., food waste,yard trimmings,paper)undergo decomposition in a landfill,producing GHGs such as methane which must be managed. Operations at the landfill such as using diesel-powered equipment also result in GHG emissions. Currently,the Denton City of Denton, Texas 11-9 Burns&McDonnell 658 659 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis Landfill collects landfill gas for beneficial use which helps to offset a portion of the carbon footprint of the landfill's disposal activities through the production of renewable energy from landfill biogas. Efforts to preserve landfill airspace through diversion and waste reduction(i.e., avoiding the creation of wastes that must be managed)reduce the City's carbon footprint through both the avoided landfill emissions and the associated benefits of diversion or avoided initial manufacturing of the material.While the exact environmental benefits vary significantly by material and whether it is diverted or avoided through waste reduction,the portion associated with avoided landfill emissions would be approximately 0.08 MTCO2e per ton diverted or reduced.79 Other benefits associated with landfill airspace preservation include: • Energy Use and Conservation. The City operates a landfill gas to energy system at the landfill, which converts biogas to renewable energy. Efforts to reduce the amount of organics entering the landfill(e.g., food waste) can result in a decrease in gas production for energy. However,there are also benefits associated with reduced landfilling including a decrease in emissions from diesel-powered landfill equipment. • Land Use and Open/Natural Space Utilization. Landfill airspace preservation extends the life of the Denton Landfill,resulting in prolonged and efficient use of the land already developed and/or permitting for disposal activities. • Transportation.Landfill pricing efforts to increase diversion and preserve airspace can result in reduced transportation emissions as more distant communities may be incentivized based on price to use a closer landfill and/or haul less material to the Denton Landfill due to incentives to implement diversion and waste reduction practices in their communities. • Watershed Protection. Landfills require careful stormwater and leachate management to protect watersheds and efforts to preserve landfill airspace, especially through organics diversion,will help to preserve local watersheds. 11.4 Planning for Future Growth and Infrastructure The City is experiencing rapid growth,including concentrated growth in the Hunter Ranch and Cole Ranch MPCs. The Strategy to Plan for Future Growth and Infrastructure is focused on the operational considerations for servicing this area and the resulting increase in material generation from residential, commercial,and C&D sources. 79 Impact factors based on U.S.EPA WARM v15 documentation(https://www.epa.gov/warm). City of Denton, Texas 11-10 Burns&McDonnell 659 660 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis 11.4.1 Tactics and Recommendations Tactics to plan for future growth are focused on actions the City can take to continue to safely and efficiently manage the materials generated in the City and to increase diversion as more materials are generated from increasing population and associated construction and development. Specifically,to implement this strategy the City should: • Continue to proactively review and update development policies to address route serviceability. • Continue consideration of a transfer station in municipal facility planning. • Encourage decreased contamination,increased recycling participation and diversion, and standardized services in the multifamily and commercial sectors. Continue to proactively review and update development policies to address route serviceability. The City has provided proactive input and coordinated with Development Services on issues related to serviceability of new development. It is important that the City continue coordination with Development Services to monitor development trends, address situations inaccessible to standard collection vehicles, and modify code and criteria as warranted. Continue consideration of a transfer station in municipal facility planning. With significant growth planned for southwest Denton including the Hunter Ranch and Cole Ranch MPCs,a transfer station would not be financially viable through the 2040 planning horizon if only managing these materials but would provide operational benefits. The City should continue to include consideration of a transfer station in long-term municipal facility planning and potential land acquisitions for municipal facilities/infrastructure to serve the growth in southwest Denton. Encourage decreased contamination,increased recycling participation and diversion, and standardized services in the multifamily and commercial sectors.As residential and commercial activity increases in the City as a result of growth, it is important for the City to develop sector-specific plans to address key challenges or needs. Key implementation steps are: • Address contamination through education and outreach and additional ordinance(s) such as contamination limits and reclassification of highly contaminated commercial or multifamily recycling loads and refuse. • Develop a multifamily recycling implementation plan,including expanded opportunities(e.g., drop-off programs)and ordinances (as desired)to expand multifamily recycling access and requirement as warranted by program performance. City of Denton, Texas 11-11 Burns&McDonnell 660 661 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis • Develop a commercial recycling implementation plan, including expanded opportunities(e.g., partnerships)and ordinances(as desired)to expand commercial recycling access and requirement as warranted by program performance. Support C&D recycling and reuse in the region.As residential and commercial activity increases in the City as a result of growth,it is important for the City to develop sector-specific plans to address key challenges or needs. Key implementation steps are: • Establish a City-operated C&D Reuse Warehouse at Building 651,to provide an opportunity for the diversion of re-use quality C&D materials. • Develop a C&D recycling implementation plan, and desired ordinance(s)to incentivize C&D recycling through existing regional capacity and reuse through the City-operated facility. 11.4.2 Financial Impacts Minimal financial impact is anticipated for continued coordination with Development Services, as this activity is currently ongoing with current staffing levels. Similarly,including a future transfer station in municipal facility planning has minimal financial impact and may be financially advantageous as the cost of land in southwest Denton will likely increase over time. The financial impacts of sector-specific options to address key challenges and needs (such as decrease contamination, increase participation and diversion)vary depending on the opportunities chosen for each sector. City of Denton, Texas 11-12 Burns&McDonnell 661 662 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis Table 11-2 communicates anticipated financial and operational impacts of recycling opportunities identified in Section 8.3 and the associated potential impact on diversion rate. City of Denton, Texas 11-13 Burns&McDonnell 662 663 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis Table 11-2: Anticipated Impacts of Sector-Specific Options Financial and Operational Impact to: City Residents or Diversion Option Sector Businesses Impact Pay-As-You-Throw(PAYT) Residential Low Medium High Mandatory Recycling Ordinance Multifamily Low High High Mandatory Hauler Recycling Services Multifamily Medium' Low High Recycling Rewards and Recognition Commercial Low Low Low Programs Mandatory Recycling Ordinance Commercial Low High High Mandatory Hauler Recycling Service Commercial Medium' High Medium Multifamily and Medium Low Medium Expanded Drop Off Commercial Material Disposal Bans All Medium High High 'Financial and operational impact would be higher in cases where the City is the hauler and lower in cases where the customer is serviced by a third-party permitted recyclable material hauler. Financial and operational impacts for the City to build and operate are high due to staffing and equipment needs. Table 12-4 presents estimated annualized costs for the program,which total$266,730 per year. Table 11-3: Planning-Level Cost Estimate for C&D Warehouse Program Item Quantity Unit Cost Annualized Cost' Staffing' 1 $236,400 $236,400 Forklift or Similar Equipment 1 $50,000 $8,330 Equipment O&M 1 $20,000 $20,000 Pallet Racks or Similar Storage 20 $1,000 $2,000 Total Annual Cost $266,730 1 Annualized costs based on a useful life of 7 years for forklift equipment and 10 years for pallet racks 2 Site staffing is based on a similar service participation level to the HCC program and includes benefits. City of Denton, Texas 11-14 Burns&McDonnell 663 664 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis 11.4.3 Environmental Impacts This strategy includes multiple operational and programmatic efforts related to planning for the anticipated high levels of growth in the City. As population grows,more materials are generated from increasing population and associated construction and development. Increasing multifamily and commercial diversion results in GHG benefits associated with both recycling(as described in Section 11.1.3)and organics diversion(as described in Section 11.2.3). C&D reuse and recycling also provides GHG benefits,with diversion via reuse providing approximately 2.3 times the benefits of recycling. The City could reduce overall carbon footprint by an estimated 0.4 MTCO2e per ton of C&D diverted through a C&D reuse warehouse.80 Other benefits associated with efficiently managing growth and increasing diversion include: • Energy Use and Conservation. The diversion of additional material from multifamily, commercial,and C&D sources result in energy savings. Efforts to reuse materials(such as through a C&D reuse warehouse)and reduce total waste generation are even more impactful on energy conservation as they result in avoided manufacturing of products. • Transportation.Efforts to increase diversion from the commercial,multifamily, and C&D sectors can result in increased transportation associated with recycling routes or transportation by the generator to drop-off sites. A transfer station would provide transportation efficiency when servicing the Hunter Ranch and Cole Ranch MPCs are surrounding areas. This efficiency reduces total miles traveled as well as the associated emissions. 11.5 Optimize Recycling Processing Many MRFs, including the Pratt MRF,receive materials that are not suitable for processing at the facility or could be managed through alternatives. The City has programs to divert many of these challenging materials,however there are opportunities to expand diversion. 11.5.1 Tactics and Recommendations Tactics to optimize recycling processing are focused on considerations to improve MRF processing by diverting challenging or hard-to-recycle materials before they reach the MRF as well as securing sufficient recycling processing capabilities. Specifically,to implement this strategy,the City should: 80 Estimate is based on available data of recyclable C&D in the Texas and impact factors from U.S.EPA WARM v15 documentation(https://www.epa.gov/warm).Diverting an average C&D stream from landfill to recycling results in GHG savings of 0.17 MTCO2e per ton,while diverting via reuse rather than landfilling results in GHG savings of 0.4 MTCO2e per ton. City of Denton, Texas 11-15 Burns&McDonnell 664 665 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis • Target key challenging materials in the MRF recycling stream to decrease contamination and increase diversion. • Prepare to negotiate the rebate provision of the Recycling Agreement, if requested by Pratt. • Explore contract options that include a regional recycling approach for 2028 and beyond. Target key challenging materials in the MRF recycling stream to decrease contamination and increase diversion. Challenging and/or hard-to-recycle materials enter MRFs as contamination where they are not suitable to be recovered and may cause other challenges for facility operations;however, there are opportunities to expand diversion. Key implementation steps identified for expanding diversion of challenging materials are: • Continue discussion with Pratt related to MRF equipment upgrades and to gather real-time understanding of common inbound contaminants of concern. • Explore development of a City-operated expanded polystyrene drop-off recycling option • Explore development of a City-operated paper shredding(and recycling) events. • Coordinate efforts with local entities(e.g.,police department,retail pharmacies)to facilitate and/or promote safe sharps disposal. • Coordinate efforts with local entities(e.g.,non-profits, shelters,UNT)to facilitate and/or promote furniture and bulky item donation. Prepare to negotiate the rebate provision of the Recycling Agreement,if requested by Pratt. Pratt has the option to cause the parties renegotiate the rebate provision per Section 1.09(e)of the Recycling Agreement. In the case Pratt causes the parties to renegotiate before the five-year period beginning October 2, 2023,the City should leverage the recycling best management practices including updating the rebate structure to be based on material composition,updating material specifications and percentages to be more reflective of the current secondary commodities market, adjust the basis for values be the higher of selected indices or actual sales price to incentivize Pratt to seek the highest pricing for material and take advantage of the recent increase in the commodity prices to minimize long term risk to the City(e.g., establishing a price floor for some or all commodities). Explore contract options that include a regional recycling approach for 2028 and beyond. Given the limited recycling processing capacity in Denton and Collin Counties and anticipated growth in the region, it is important for the City to plan appropriately for any efforts to increase recycling to identify options for new capacity and/or facilities. Options to consider for developing additional recycling processing capacity include explore expanded recycling at the Pratt MRF and alternatives such as accepting responsibility for the processing of recycling materials either solely or through partnerships with other cities in the area City of Denton, Texas 11-16 Burns&McDonnell 665 666 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis (e.g.,McKinney,Plano). Key implementation steps identified to explore a regional recycling processing approach for 2028 and beyond are: • Explore recycling processing options with Pratt at the expiration of the initial term of the Recycling Agreement, including interest or ability to expand operations to meet recycling needs in the northern part of the NCTCOG. • Explore alternative recycling processing options,including through public-private partnership or processing agreement,to meet the growing needs of Denton and surrounding communities. 11.5.2 Financial Impacts Many of the tactics to implement the Strategy to Optimize Recycling Processing related to continued discussion,negotiation, and planning for recycling processing services. These initial steps generally have a low financial impact but are valuable for the City to identify options and make informed decisions on future recycling processing contracts and pricing terms. Table 11-4 communicates the estimated planning-level costs associated with developing new City- operated diversion programs to target challenging materials in the MRF recycling stream. Table 11-4: Planning-Level Cost Estimate for EPS Densifier Program Item Quantity Unit Cost Annualized Cost' Staffing' 0.5 $118,200 $59,100 Densifier System 1 $20,000 $3,332 Total Annual Costs $62,432 'Annualized cost based on a useful life of 7 years.Does not include revenues of 0.13 cents per pound of EPS ZStaffing based on a 25 percent increase in HCC staffing to accommodate demand for ESP drop-off service. 11.5.3 Environmental Impacts This strategy includes efforts to recover challenging materials such as EPS and furniture for recycling or reuse. The City can reuse its carbon footprint through the recovery of these materials for recycling and reuse. The level of benefit varies based on the specific material and end use,however reuse generally provides a higher level of benefit than recycling. The strategy also includes efforts to optimizing recycling processing at the MRF to attain high performance such as recovering 95 percent of incoming program materials. Successfully processing and sorting materials is key to producing clean saleable bales and realizing the GHG and other benefits associated with using recycled material feedstocks in manufacturing. On average, each ton of single-stream recycling provides a GHG benefit of 2.5-2.87 MTCO2e/ton,however this ranges from 9.15 MTCO2e/ton for aluminum cans to 0.30 MTCO2e/ton for glass bottles. City of Denton, Texas 11-17 Burns&McDonnell 666 667 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis Other benefits of increasing recycling and reuse of challenging materials include: • Energy Use and Conservation.In addition to the benefits of diversion discussed in Section 11.1.3,recycling of EPS can provide some additional energy use benefits when remanufactured into products such as insulation providing additional energy savings for residential or commercial heating and cooling. • Land Use.Efforts to divert additional recyclable or reusable materials,reduce contamination,and improve material recovery at the MRF contribute to airspace preservation and extending the life of the Denton Landfill. • Transportation. Similar to transportation impacts discussed in Section 11.3.3,implementation of drop-off programs such as for EPS can result in increased transportation for residents to participate. Reuse efforts provide transportation benefits,however, as materials are reused locally rather than the long-haul transport of new products through manufacturing and distribution. 11.6 Support New Markets and Leverage Partnerships Many valuable materials (e.g., furniture)can be diverted for reuse prior to entering the solid waste management system. The Strategy to Support New Markets and Leverage Partnerships is focused on actions the City can take to support the recycling and reuse of these materials. 11.6.1 Tactics and Recommendations Tactics to support new markets and leverage partnerships are focused on actions the City can take to increase the supply and demand of reusable items and recycled products through partnerships and other methods outside of the City's solid waste program. Specifically,to implement this strategy the City should: • Continue coordination with other City departments to increase diversion. • Coordinate with local entities to meet community needs through diversion. • Continue and expand partnerships with local universities to raise awareness of reuse and recycling. • Expand HCC services to neighboring communities through regionalization. Continue coordination with other City departments to increase diversion. There are multiple cross- departmental efforts that support increased diversion in the City. Key implementation steps identified for coordination are: City of Denton, Texas 11-18 Burns&McDonnell 667 668 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis • Coordinate efforts with Parks &Recreation to address opportunities to increase public space recycling,including consideration for impact fee for sports leagues. • Coordinate efforts with Procurement&Compliance to develop and support environmentally preferred purchasing programs to support recycling markets. Coordinate with local entities to meet community needs through diversion. By directly partnering or supporting and facilitating programs established by local universities or non-profits,the City can help divert materials that would otherwise be collected and landfilled through City-provided disposal service. Key implementation opportunities identified are: • Explore a pilot donation program during college move out to support shelters and homelessness services, including the Loop 288 Building/Our Daily Bread initiative. • Develop targeted outreach and support coordination for food waste diversion to support food banks and soup kitchens. Continue and expand partnerships with local universities to raise awareness of reuse and recycling. With multiple universities located nearby,the City can benefit from partnerships to support research and innovation related to materials management and demonstrate creative reuse through design and other visual arts programs. The City has also benefited from having student interns participate with SWR. Key implementation opportunities identified are: • Consider opportunities to expand involvement of student interns in solid waste recycling activities,including expanded cart audit program. • Explore opportunities to partner with or support university departments in research, innovation,or demonstration initiatives for new markets or end uses of challenging materials(e.g., glass and plastic film). • Explore opportunities to partner with or support university departments in creative reuse and other visual arts programs that raise awareness of waste generation and sustainability. Expand HCC services to neighboring communities through regionalization. Currently,residents of neighboring communities attempt to use the HCC drive through service and must be turned away. Regionalization can provide economy of scale benefits for the City's current program and allow for home chemical materials and other household hazardous wastes to be safely and properly managed in neighboring communities that may otherwise be sending these materials to the Denton Landfill. Key implementation steps identified for exploring and implementing regionalization of HCC services are: City of Denton, Texas 11-19 Burns&McDonnell 668 669 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis • Conduct outreach with neighboring communities to evaluate potential volumes and staffing needs. • Develop rate structure and update previously developed interlocal agreements, current HCC recycling contracts,and education/outreach materials as needed to operate expanded regional program. 11.6.2 Financial Impacts The financial impacts of the tactics to support new markets through partnerships are generally low,and include continued cross-departmental coordination. Costs associated with supporting community partnerships to meet local needs may include some coordination,raising awareness of events, and in some cases potentially providing roll-off service for one-time events(e.g.,college move-out). There are additional direct costs associated with the regionalization of the City's HCC program. City staff estimate that a regional program could result in a doubling of HCC demand based on the number of non- resident customers turned away at the City's facility. Table 11-5 communicates planning-level cost estimates for a regionalized HCC program based on 2020 SWR financials.A regionalized HCC program managing twice as much material would cost an estimated$460,000 per year,based on increased staffing requirements and material handling and supplies. This is approximately$227,000 more that the current HCC program. While direct costs would increase,the estimated financial impact to the City is limited as a regional program would be structured as a cost-neutral expansion such that participating neighboring communities would pay for their proportional share of the costs. Prior to program expansion, interlocal agreements would be signed with participating communities detailing the program costs and structure for participation(such as a voucher system). Table 11-5: Planning-Level Cost Estimates for Regionalized HCC Program Item Annual Costs' Staffing $317,000 Materials and Supplies $24,000 Insurance $5,000 Operations $114,000 Total Annual Costs $460,000 Estimated based on a regional program managing twice as much material as the City's current HCC. 11.6.3 Environmental Impacts This strategy includes efforts to support markets for recycled materials. As described in Section 11.1.3, GHG benefits from recycling are derived primarily from the use of recycled material feedstocks in City of Denton, Texas 11-20 Burns&McDonnell 669 670 Comprehensive Solid Waste Management Strategy Strategy Development and Analysis manufacturing. Realizing these benefits is therefore dependent on the level of market demand and types of end users able to incorporate recycled material feedstock into their manufacturing processes.While many of the tactics in the Strategy to Support New Markets and Leverage Partnerships do not have easily definable levels of emissions reductions (e.g., inclusion of college interns in SWR activities), efforts such as developing environmentally preferred purchasing programs will support markets for materials and allow the potential environmental benefits of increased diversion to be realized. Benefits of the initiatives and partnerships discussed in this strategy include: • Energy Use and Conservation.Recycled-content products are associated with energy savings during manufacturing. Food waste donation reduces the waste of imbedded energy resources in the food products. • Land Use.Food waste donation help to mitigate significant land is used to produce food that is later wasted. Food waste source reduction tactics such as smart purchasing and donation help mitigate these impacts. • Transportation.Reuse of materials to meet local needs helps to reduce transportation impacts associated with long-haul for disposal or recycling as well as transportation of manufacturing and distributing new products in the community. • Watershed Protection and Open/Natural Space Utilization. Partnering with Parks& Recreation to increase diversion in public spaces can provide watershed protection and natural space preservation through reduced littering and beautification. City of Denton, Texas 11-21 Burns&McDonnell 670 671 Comprehensive Solid Waste Management Strategy Implementation Plan 12.0 IMPLEMENTATION PLAN The implementation plan presents the following information for each of the six components of the CSWMS: • Strategy Recommendations and Tactics. The six strategies were developed to align with the Guiding Principles. Each strategy has between two and four recommendations for implementing the strategy. Further,tactics are presented for each of these recommendations, defining the identified program components, department actions, or policy steps to implement the recommendation. The City can further evaluate which specific tactics, activities,and actions to implement each strategy. • Priority. Each tactic has been assigned a high,medium, or low implementation priority in the CSWMS,reflecting that each has differing potential for progress toward the City's future integrated management system. The City will first implement critically important activities(high priority)and then implement activities assigned medium and low implementation priority as resources are available. • Increased diversion potential.Each tactic has been assigned a high,medium, or low increased diversion potential based on the relative impact that each tactic could have on the citywide diversion rate based on waste composition and programmatic information for the City. • Financial impact.Each tactic has been assigned a high,medium, or low financial impact based on the level of capital and/or operational costs required to fund the implementation of the tactic. • Potential funding sources.For tactics with a medium or high anticipated financial impact, potential funding sources are identified to support the implementation of the tactic, including SWR budget and user fees and/or alternative funding opportunities. • Implementation timing. Timing gives a general indication of when the City proposes to implement each strategy. Timing designations were determined by considering multiple factors, including resources required, current market conditions (whether current infrastructure and customer/consumer behaviors would support it), and the length of time required for implementation. City of Denton, Texas 12-1 Burns & McDonnell 671 672 APPENDIX A - GOAL AND SWOT ANALYSIS 672 Attachment- Goals and SWOT Discussion for the Comprehensive Solid Waste Management Strategy Solid Waste Management Strategy Goals and SWOT Analysis During the November 2020 kick-off meeting,Burns&McDonnell facilitated discussion to prioritize goals and conduct a SWOT(Strengths,Weaknesses, Opportunities and Threats) analysis to gain further perspective on key issues that needed to be evaluated in the development of the Comprehensive Solid Waste Management Strategy. All information from the goals prioritization and SWOT analysis will be used as background information to guide the Strategy development. Tables 1 through 3 communicate the specific points identified during the facilitated discussion. Table 1: Initial Goals to Address in the Comprehensive Solid Waste Management Strategy Initial Goals • HHW innovation • Innovative technology and program implementation • Food waste diversion • Keep cost down • Maximize airspace • Tracking data to make informed interventions • Sustainable • Eliminate outside waste • Future direction for solid waste • Maximize landfill life • Cost effective • Reduce waste per capita • Safe airspace • Diversion to save air space,recycling contamination, illegal dumping,assisting our large industrial warehouses • Value and efficiency • Addressing contamination • Contamination • Landfill space preservation • Increased diversion • Minimize disposal • Maximize diversion City of Denton, TX 1 Burns& McDonnell 673 Attachment- Goals and SWOT Discussion for the Comprehensive Solid Waste Management Strategy Table 2: Three Most Important Goals for the Comprehensive Solid Waste Management Strategy First Most Important Goal • Increase Diversion • Diversion • Diversion • Diversion • Landfill space preservation • Increase diversion • Airspace • Diversion • Landfill airspace • Diversion Second Most Important Goal • Innovation balancing community needs and desires • Cost • Community needs • Cost analysis • Cost effectiveness • Cost • Cost-effective • Facilities upgrade • Properly manage resources • Cost-benefit • Innovation • Innovation and technology • Cost effectiveness Third Most Important Goal • Recycling contamination • Community needs • Benchmarking • Contamination • Streamlined process. • Recycling is expensive, is it worth the cost? • New programs...food waste diversion, others • Regional accommodation • Level set expectations • Easily implemented City of Denton, TX 2 Burns& McDonnell 674 Attachment- Goals and SWOT Discussion for the Comprehensive Solid Waste Management Strategy Table 3: Strengths,Weaknesses, Opportunities and Threats Summary Strengths • Innovative mindset • Open to new ideas flexible • Community support • Financially responsible • We have collections,recycling and landfill operations,one stop shop • Experience • Willingness to be flexible as a team • Great professional staff • The City owns the solid waste&recycling and landfill operations • Teamwork and customer service • Employee dedication and commitment • Customer service and vision. • Working together to get the job done • The City's solid waste workforce • Financially stable • Excellent customer service • Customer service Weaknesses • Pricing of services • Misinformation • Misinformation • Community fear of the landfill site • Various educational resources - competing messages • Recycling market • Managing customer expectations with higher volumes • Growth around the landfill location • Ensure to have the proper staff in place,don't overload • Providers • Location of facility • Documenting accomplishments • Contamination • Public opinions • Controlling illegal dumping and contamination • Competing interests and priorities (e.g., food waste diversion,LF expansion) • Financial constraints • Ability to reduce contamination • Community apathy • Lack of full City Council support City of Denton, TX 3 Burns& McDonnell 675 Attachment- Goals and SWOT Discussion for the Comprehensive Solid Waste Management Strategy • Competing community interests Opportunities • Developing educational programs in local colleges • Restart and implement diversion • Regional HHW • Reducing recycling waste contamination • Opportunity to educate the community while they are paying attention • Potential to modify 3rd party waste contracts to incentivize or require diversion improvements in other, smaller communities sending waste here • Community growth • Community interest • City development • Lack of regional airspace • Broader opportunity to divert materials • Closure of DFW-area landfills • Large unused land footprint • Other landfills closing or coming to end of life • New landfill permit • Diversity of the community Threats • Program executions • Lack of end users for recycling commodities • Non-owners occupied housing • City growth outpacing infrastructure • Widespread misinformation campaigns • Lazy recyclers, don't comply with program, increase contamination • Cost of fuel • Privatization/misinformation about the landfill in the community • Privatization • Reluctance to participate in programs appropriately • Myopic interests and visioning • Development sprawl • Economic downturn or slow growth • Increased environmental requirements • Special interest groups, especially from outside the area • COVID and the economy • Community misinformation City of Denton, TX 4 Burns& McDonnell 676 677 APPENDIX B - VISION FOR DENTON THINK-TANK REPORT 677 Zia l . .._ 1 01 sw ;-T/�� r'�."t�f�'.1� � - - >_ 'a9-:�5,�.�":3iTs _ �. a,S,r�•s .y r-,�.w?it�Cv,`'` `y�`�� 1 w4r is f utu rc I Q CI OF BURNS,MSDONNELL,. Create Future Intelligence' DENTON COMPREHENSIVE SOLD WASTE MANAGEMENT STRATEGY VISION FOR DENTON THINK-TANK REPORT Denton, Texas May 2021 IV ■i -_ LEASED 1 ` CONTAINER + �► COMPREHENSIVE SOLID WASTE MANAGEMENT STRATEGY VISION FOR DENTON THINK-TANK REPORT DENTON, TEXAS MAY 2021 This visioning report has been produced as part of Denton's Comprehensive Solid Waste Management Strategy Project and represents a summary of Task 1. Report Prepared by: futur&AG Create Future Intelligence® BUR NS�MS DON NELL_ Think-Tank Hosted by: 41,,,Xafw�lllllii DENTON 679 TABLE OF CONTENTS 1.0 Introduction ...................................................................................................................1 2.0 Forces Shaping the Future.......................................................................................................2 3.0 Survey Results - Key Stakeholder Input........................................................................3 3.1 Profile Information..........................................................................................................................................3 3.2 Importance of a Shared Vision.......................................................................................................................4 3.3 Key Drivers Analysis........................................................................................................................................5 3.3.1 Key drivers-importance and performance ............................................................................................................5 3.3.2 Impact of age on respondent perception................................................................................................................6 3.4 Ranking of key factors impacting solid waste management ......................................................................6 3.5 Views of the Future-Threats Facing Solid Waste Management in Denton..............................................8 3.6 Views of the Future-Opportunities Facing Solid Waste Management in Denton....................................9 4.0 Scenario-Based Think-Tank..........................................................................................10 5.0 Creating the Scenario Framework.................................................................................11 S.1 Scenario A:Greed Without Guilt...................................................................................................................12 S.2 Scenario B:Change the Future Now!............................................................................................................14 S.3 Scenario C:Low Tech Recycling Community................................................................................................16 S.4 Scenario D:Trash Trouble...............................................................................................................................18 6.0 Expected and Preferred Futures ................................................................................. 20 7.1 Urgency to Implement the Vision.................................................................................................................21 72 Appetite for Change......................................................................................................................................22 8.0 Consulting Team -Task One........................................................................................23 9.0 Acknowledgements .....................................................................................................24 10.0 For More Information...................................................................................................24 680 - \ SW19,i1 1.0 INTRODUCTION Task 1 of Denton's Solid Waste Management This report represents the culmination and summary of Task 1 of the seven-task Denton Solid Waste Management Strategy project.The overall project aims to produce an executable community stakeholders strategy,which will guide Denton's solid waste and recycling priorities for the next twenty to take a'deep-dive'into years.Task 1 was designed to gather significant and relevant data, leading to the discovery strategic visioning and future-thinking through a of expected and preferred futures for the future of solid waste management and recycling in scenario-planning process. Denton. Each step of Task 1 built upon the preceding steps.The project kicked-off on November 16, 2020,with Task 1 wrapping-up on May 27,2021. The following provides descriptions of each deliverable completed in Task One: • Virtual Project Launch- Burns&McDonnell and Future IQ collaborated to provide an online overview of the scope and timeline of the project. • Denton Solid Waste Management Community Survey-A collaboratively developed survey was distributed as broadly as possible in the community.The survey was made available via an online project portal and was live from January 2S through March 1, 2021. 883 individuals participated in the survey. • Think-Tank Module 1:Future Trends-This two-hour module provided participants with an overview of macro and local trends impacting solid waste management.Trends were examined with an eye to current processes, as 1 well as the impact of these trends looking out to 2040.This workshop took place virtually on Thursday, April 8, 2021. • Think-Tank Module 2:Key Drivers-This two-hour module explored key drivers of solid waste management and recycling and introduced participants to the main themes used to create the scenario matrix for Module 3 of the Think-Tank.The Key Driver Workshop took place on Thursday,April 1S,2021. • Think-Tank Module 3:Think-Tank-The two-hour scenario-based planning Think-Tank module on April 29, 2021, provided an important opportunity to engage community stakeholders and city staff in a critical dialogue about the future and to discuss the impacts of changing dynamics solid waste management and recycling looking out to 2040. • Denton Solid Waste Management Vision Survey- Participants of the Think-Tank modules were asked to participate in the Vision Survey. Results produced heatmaps that illustrate expected and preferred futures for solid waste management in Denton looking out to 2040. • Future Summit-This one-hour summit provided community stakeholders with a summary of survey and Think-Tank findings in the project's Think-Tank report and allowed for questions and answers.The Future Summit was held on May 27,2021. 681 Tutu re>I Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 1 y 2.0 FORCES SHAPING THE FUTURE In the face of accelerating speed of change,the key to is The three Think-Tank modules provided a forum for participants to explore the forces of change • ability to anticipate change and shaping the future of solid waste management and recycling in the City of Denton. Participantsremain agile.To be at the Think-Tank modules explored emerging macro trends, key drivers, and possible futurecomprehensive scenarios. Perceptions around the nature of impact of these forces, both in terms of size and solid waste management timing of impact,were explored to gauge how important participants consider these forces strategy will require the active involvement of all of change. Participants discussed the emerging trends on global, regional, and local scales, and k, stakeholders.community related them directly to solid waste management and recycling in terms of how well prepared they considered the City of Denton. Specifically,the trend areas were: • Consumption patterns and waste types • Policy setting and application of technology • Waste management systems being utilized Of relevance to the discussion on trends, is the speed and scale of change that is occurring. Newly developed innovations in solid waste management are being implemented globally and locally at all scales,thereby changing the face of industries and society in a rapid and profound way. Advanced technologies are at the forefront of this transformation. At the same time, societal values are shifting, and there is an increased awareness of environmental factors and sustainable resource use. The Increasing Capability of Digital Technologies "Denton has the loT c ndsmart chance to set a great } mac flne example for the rest F Big D ta,analytics, visuaization of the area and State. m a Q Web 2. ,cloud,mobile Denton is on the LU progressive side and Web 1.0 eC mmerce Ar ificial vve could make a huge intelligence dent in the general u Client-server and PC mentality regarding Mainframe TIME Waste Management in 1950 1960 1970 1980 1990 2000 2010 2020 this state." Digital Transformation Initiative Mining and Metals Industry,White Paper,World Economic Forum/Accenture analysis,January 2017 Denton Community Survey Respondent 682 futu rC>I Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 2 _ CJi � f + T s Sp � i� - - - - - - - - - - - - - - - - - - 3.0 SURVEY RESULTS - KEY STAKEHOLDER INPUT Prior to the Think-Tank modules, a community survey was conducted, and 883 community stakeholders responded to the survey. Respondents were asked about their views on having a The community survey has shared vision for the future of solid waste management and recycling in Denton. Below are the achieved a strong response compiled results of the community survey. ' This suggests the survey reflects the desires of the 3.1 PROFILE INFORMATION -broader community. In terms of survey respondent demographics, most respondents were aged 40 or over,with 33% between the ages of 18-39. Respondents were asked about their organizational affiliation. Survey respondent self-identified organizational affiliation Answer City of Denton Board,Commission or Committee Member'126% City of Denton Board,Commission or Committee Member City of Denton Staff Composting Industry City of Denton Staff-14.38% Environmental/Civic Organization Large Business Local Government Composting Industry I0.23% Private Resident Recycling Industry Small Business Environmental/Civic Organization'1.36% Solid Waste Industry State Government Other Large Business 10.79% Local Government.5.66% Private Resident 84.03 Recycling Industry I0.79% Small Business ■4.08% "1 appreciate Denton's environmentally progressive thinking and programs Solid Waste Industry'1.36% available through solid waste and other city departments. I encourage you State Government'1.13% to keep up the good work; it's so important right now to do these things to combat climate change and keep our environment clean" Other'1.69% Denton Community Survey Respondent DATA INSIGHTS: • Survey respondents overwhelmingly self-identified as private residents. • Survey respondents were well distributed across the age ranges from 18 years to 80 years of age;with most age- Datalnsight decade groups(i.e.,30-39 years old)having 15-20%of responses.Survey responses were dominated by women, with nearly 60%of response self-identifying as female. • In addition,respondents reported a wide range of periods of living in Denton,with good sized cohorts from 0-5 years,right through to 41 years or more. 683 Tutu rC>I Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 3 I I C 3.2 IMPORTANCE OF A SHARED VISION solidA long-term vision for Survey respondents were asked two questions about the importance of having a shared vision waste management was for the future of solid waste management in Denton.The questions were: identified as important kn: only for Denton,• How important it is to have a long-term vision for solid waste management in the city? respondents'�7 decision making at a level • How important is long-term vision for making decisions in your home, business, or organization? of their home,business, or organization. The scale was:1 = Not at all important;10 = Critically important Below is an illustration of the combined responses in a pivot chart(n=62S).This chart seeks to understand the importance of vision, and how much having a city vision will influence individual choices and decision making. Pivot Chart-Importance of VISION X Importance for YOU-All Data Importance of Vision Xaxis is Importanceof VISION-Scale:1=Notatall important;10=critically important. Y axis is Importance for YOU-Scale:1=Not at all important;10=critically important. • si:e •�J 5 10 0 100 9 • I .150 181 _ • Color 8 Blue �Gre LightBlue 7 1 Y 6 • . • _ E 5 • —' 4 • • • • 3 LEASED CONTAINER 2 = I BBBINANCFa 98-299 1 — 1 2 3 4 5 6 7 8 9 10 ImnnHanrw of Vicinn • DATA INSIGHTS: • Most survey responses are in the extreme upper right quadrant of the matrix indicates the critically important nature of having a shared vision for solid waste management in Denton. • It is notable that having a shared vision is perceived as being similarly important and impactful at a city level,as Datalnsight well as individual level.This suggests strong support for action as a city will strongly influence and shape individual household and business behavior. 684 Tutu rep I Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 4 I, r • / I KO matslu I 3.3 KEY DRIVERS ANALYSIS To analyze the perceived drivers and influences on solid waste management and recycling in Denton, survey participants were asked about the importance of changes to some topic areas over time, as well as Denton's performance in addressing these drivers of change. 3.3.1 KEY DRIVERS — IMPORTANCE AND PERFORMANCE Survey respondents were asked about the importance of 18 key drivers of change as they relate to solid waste management in Denton. Respondents were also asked to rate the city's current performance in addressing each of these drivers. Pivot Chart-Importance of Drivers X How We I Currently Addressing Key Drivers Drivers-All Data X axis is Importance of Drivers-Scale:-1=Not at a I I important;10=criticaIly important. Alignment of Federal and State Regulations with Local State Y axis is How Wel l Currently Addressing Drivers-Scale:1=Not very well;10=Very Well. Solid Waste Reduction goals • $13e Changing solid waste management regulations 10 * 100 Climate change and sustainability efforts - 200 9 • • • • • -31B Collaboration with other cities and private companies • • • Denton citizens'desire for sustainable solid waste management B • • • Efforts to increase food waste diversion • • • Enhanced efforts to decrease contamination in the recycling - • • • stream • • • • • Focus on waste reduction and reuse c6 • • • • • Implementation of cost effective solutions 5 • • • • • • • Importance of cost effective solutions • Importance of education focused on behavior change ° • • • • Increase producer's/manufacturer's responsibility for materials reuse and recycling 3 • • ' • • • • • Markets and pricing for recyclable materials 2 • • • • • • • • • • More efficient distribution and transportation systems • New Materials recovery(recycling)technologies 1 • • • • • • • • • • Preservation of the useful life of the City's landfill 1 2 3 4 s s 7 8 Product packaging design changes Importance of Drivers • Solid waste conversion technologies(e.g.energy from waste) • Waste diversion and recycling goals DATA INSIGHTS: • This data represents the results for all drivers.It shows that a very high level of importance attributed across the set of 18 drivers.This is reflected in the responses being concentrated to the right-hand side of the chart.Sorting by individual drivers shows no real difference between each of the 18 drivers. Datalnsight • There is a much wider spread in perception of how well the city is currently performing for the drivers—with a very large spread from'Not very well'to'Very well'on the Y-axis. • A significant number of respondents recorded'Don't know'on the question of'How well is the city currently address each driver'. 685 Tutu re>I Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 5 3.3.2 IMPACT OF AGE ON RESPONDENT PERCEPTION Emerging generations The data on the importance and performance questions was also sorted by age cohorts.The exhibit awareness and sensitivity to results for responses to all drivers was group by the 10-year age cohorts.This analysis allows environmental impacts.This a better understanding of the perspectives of various groups within the community.The datais important when shaping shows an incredibly interesting distribution. In terms of a perception of how well the city isa 10-to 20-year strategy,as currently addressing these drivers,the continuum goes from young people saying, 'Not very these emerging values will well'to more senior cohorts saying, 'Very well'.This reflects broader societal attitudes and likely be the predominate societal views in the future. reflects the heightened awareness and sensitivity to these issues with emerging age groups. Pivot Chart-Importance of Drivers X How Well Currently Addressing Drivers-Cohort by Age X axis is Importance of Drivers-Scale:1=Not at all important;10=critically important. Y axis is How Well Currently Addressing Drivers-Scale:1=Not very well;10=Very Well. Size 10 17 _ 200 - 400 9 • 600 I-800 913 8 Age i♦10-18 years ` • �18-29 Years 7 30-39years o 40-49 years i♦50-59 years 6 60-69 years 70-79 years 80 years and over 5 3 4 • S 1 3 2 1 1 2 3 4 5 6 7 8 9 10 Importance of Drivers DATA INSIGHTS: • This data is the results for all drivers.It shows that a very high level of importance attributed across the set of 18 drivers.This is reflected in the responses being concentrated to the right-hand side of the chart. Datalnsight • Younger and older cohorts are outliers in the perception of how well the city is currently addressing these drivers. 686 futu re-A Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 6 !� A%ft 3.4 RANKING OF KEY FACTORS IMPACTING SOLID WASTE MANAGEMENT To gauge the relative importance of certain factors and their impact on the future of solid waste management in Denton, survey respondents were asked to rank seven factors.These had been identified by the City of Denton team as important to the future of solid waste management. RANKING OF FACTOR In terms of their impact on the future of solid waste management in Denton,please rank the relative importance of the following factors SCALE:1=Most important;7=Least important Drivers 1 2 3 4 5 6 7 Size - 21 Citizense ity to • • • • • • 50 environmental 100 responsibility • -166 Answer • • • . Costs of services 0 2 provided 03 04 • • • .S Increasing regulations • • • 0607 Landfill capacity • •Policies to incentivize • • • • • or require changes 110111 Population growth and • • • • • • increased waste materials Recycling education • • • • • • DATA INSIGHTS: • Recycling education,population growth and increased waste materials,and landfill capacity were identified by survey respondents as the three most important factors. Datainsight ' Changes in citizen sensitivity to environmental responsibility will be important elements in gaining support for Denton's new comprehensive solid waste management strategy. 687 Tutu re>I Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 7 3.5 VIEWS OF THE FUTURE — THREATS FACING SOLID WASTE comprehensiveAn effective Leb re MANAGEMENT IN DENTON management strategy will require increased As a measure of where community stakeholders considered the City of Denton unprepared orom In education threatened by future impacts, survey respondents were asked to cite in narrative form whatsustainable strategies l with issues they believe are the biggest threats facing solid waste management in Denton looking out and to and to to 2040. Initial results show considerable concern over lack of landfill space, population and of apathy,ignorance, commercial growth, collection of waste from other cities and lack of stakeholder education asprimary concerns. s the issue. What do you think are the biggest threats facing solid waste management in Denton in the future? (n=453) uo ,OD sn 50 40 2U 0 +oo r A¢5 QoR �o. : oQ ° Q xe e,Z�yQ ec` oaka �A Qe `mac �a S�e� ooF �cr Qdo 1° `4P DATA INSIGHTS: - Addressing perceived threats to waste management will take significant and sensitive leadership in order to achieve the desired effects of a post-pandemic comprehensive solid waste management strategy in Denton. Datalnsight ' The reliance on recycling markets for discarded recycling products directly impacts Denton's ability to achieve effective solid waste management and recycling goals for the city. 688 Tutu re>I Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 8 F � 1R 3.6 VIEWS OF THE FUTURE — OPPORTUNITIES FACING SOLID The WASTE MANAGEMENT IN DENTONsurroundingmessaging the opportunities solid In order to ascertain where the City of Denton should focus its efforts on leveraging resources, waste management in survey respondents were asked to describe in narrative form what they believed were the Denton greatest opportunities for future solid waste management in the city looking out to 2040. be key in gaining public Increased recycling options were overwhelmingly identified as the greatest opportunity, support for followed by instituting a community composting program, increasing community education and policy changes. consumer awareness about waste management options, and advanced technologies. What do you think are the biggest opportunities facing solid waste management in Denton in the future?(n=436) rao too 160 tm Ir 10 ao u: do z� ■ ■ ■ � � 1 1 1 1 ' ' 1 I Coz' �� Q�ac Jae °c' °° i°° c c� �� Vie' °° o"t, ,fie= s si` 4, a� ar Qo y�, et�' a °e aye a��0 4" ° xA J c Ile DATA INSIGHTS: • Survey respondents revealed an out-sized appetite for increased recycling options in Denton.This provides the city a mandate to address recycling options. Datalnsight • Given the considerable number of respondents who indicated they didn't know any opportunities or threats facing solid waste management in Denton in the future calls for an increase in community education on the topic. 689 futu re>I Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 9 A.. IOAAq•4: ' Ls ._, urt am NO PANNING OUT POLICE I 4.0 SCENARIO-BASED THINK-TANK The scenario planning Denton's scenario-based Think-Tank modules were conducted virtually over the course of three process two-hour workshops in April 2021.Approximately 20-25 people attended these workshops that community stakeholders to included city staff, community members, industry, and agency representatives.The Think-Tank examine the implications of choices about future modules were intended to build coherency around a vision for initial future planning for solid direction for solid waste waste management and recycling in Denton that will guide community stakeholders over the management and recycling. next twenty years. The scenario planning process provides a method to explore plausible futures and consider the implications of various future scenarios.The Think-Tank workshops aimed to: • Deepen the understanding and examination of how external events and local conditions could shape decision-making • Identify and understand the key influences,trends, and dynamics that will shape the solid waste management and recycling looking out to 2040 • Create and describe four plausible long-term scenarios for the City of Denton • Explore alignment around a shared future vision • Examine the strengths and weaknesses of the current solid waste management strategy in Denton as perceived by community stakeholders The scenarios developed during the scenario planning process and outlined in this report are important to provide a framework to discuss future possible outcomes and implications for sustainable solid waste management and recycling in Denton. In addition,the Think-Tank deliberations can assist in identifying key actions for the city and in exploring how various groups might collaborate to best contribute to future policy-making. Think-Tank participants were guided through a scenario planning process to develop four plausible scenarios for the future of solid waste management in the City of Denton.The process involved exploration of local trends and forces of change; development of a scenario matrix defining four r 1_ plausible scenario spaces for the future; and,the development of descriptive narratives of each scenario.The event concluded with discussion of the scenarios, selection of a preferred scenario, and _ consequences of inaction. 690 Tutu re>I Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 10 , • scenario-planning process provides a way to IF tease out plausible future them 5.0 CREATING THE SCENARIO FRAMEWORK ;„ They represent different Based on the community survey responses and key input from city staff,themes were identified to become the basis for two axes on the scenario matrix.The two axes identified 00000, were Changing Societal Attitudes and Behavior and Impacts of Technology and Policy. Think-Tank participants were presented with the scenario matrix, defined by the two major axes of'Changing Societal Attitudes and Behavior'and 'Impacts of Technology and Policy'(see diagram). Brief descriptions were also attached to the end points of each driver axes. Participants were divided into four groups to develop a narrative for each scenario. Each group was asked to describe the characteristics of solid waste management in 2040 under the conditions of the scenario quadrant that they had been given.After the characteristics were established,Think-Tank participants were asked to devise major events or headlines of how the scenario occurred using the years 2025, 2030, and 2040, and to give their scenario a descriptive name. Narratives and descriptions of each scenario as developed by the workshop participants are included in the following sections. M Macro and local policy supports the application of new technology and innovation In waste management,New local economic activity Is driven by the next generation of materials recovery technologies. Technology Driven Solutions GREED CHANGETHE a WITHOUTI 0 n Focus of society remains 2 Q Stronger local and societal focus consumption based. 5 ID on reduce,reuse,and recycling Internet-based retailing increases o principles.There is a culture of overall consumption and more S Changing societal L attitudes&behavior 2 collective responsibility and shared packaging waste. Priority is on E A solutions.There is a focus on delivering individual consumer o c approaches such as integrated choice and cost competiveness.� OW-TECH local waste to energy systems. TRASHR TROUBLE COMMUNITY Low-cost/Low-tech Policy Options Hands-off policy position leads the system to local management and low-cost solutions,including continued landfill disposal.There are low levels of technology application,and a reliance on traditional approaches. 691 Tutu ri I Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 11 f 5.1 SCENARIO A: GREED WITHOUT GUILT This scenario forecasts a future where societal attitudes and behaviors continue to espouse a culture that is consumption Technology Driven Solutions oriented,and no efforts are made to reduce materials use or waste production. Online retail continues to increase, and priority is given to accommodating individual consumer choice FGREED CHANGE7THE OUT GUIL above all else. Increasing amounts of waste spur technological a UTUR OW! WITHOUT GUIL FUTURE NOW! innovation to deal with the ramifications of excess and newID a 1 types of packaging that rely on plant-based solutions areID Y created.The City of Denton no longer allows residents to sort ° Changing societal attitudes&behavior ID their own trash and the city utilizes cutting edge technologies E to sort and mine its waste.At first new technologies allow 0 I consumption culture to continue uninhibited, and mined LOW-TECH (D LOW RECYLING RECYL waste is sold to support the expense of new technologies. ` , MMUNITY Use of anaerobic digestion increases,and new public-private partnerships are formed to come up with new solutions for dealing with waste. However over time,the City is ultimately L I unable to keep up with resource use and waste production. Low-cost Low-techPo�icyoptions 0 withoutThe'Greed scenario paints where a growing consumption �. T • necessitates�rtechnology driven , .• . , V" management.These solutions r .. - - and .na -_ waste production overtime. _. 692 - -- Tutu re A Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 12 I! r ■ T - - In the'Greed without Guilt'scenario,the . . �.rfinite resources are slowly depleted. . .• consumptiondriven waste management solutions mask the effects of unmitigated until the world runs out of SCENARIO A CHARACTERISTICS: GREED WITHOUT GUILT - 2040 natural elements that Ilk those . epro -. To deal with the effects of a culture oriented to consumption,the characteristics of this scenario paint a future where the City of Denton adopts policy settings that lean heavily towards innovative technological solutions for solid waste management. New generation technologies in packaging, sorting, and mining all help to stave off the effects of unlimited consumption, but over time municipalities are unable to keep up with waste production and the associated costs. lI Consumption Patterns n Policy Setting and Waste Management and Waste Types `'' Application of Systems Being Utilized Waste stream increases dramatically, Technologl Waste management is localized, and packaging types vary more. Policies are driven towards technological and a variety of systems are utilized • Technology provides more varied and robust solutions as waste stream increases. to deal with increased waste. packaging including plant based. Policy makers turn to industrial New public-private partnerships are formed • Organics become the next food as intensive infrastructure to sort,process,and handle with companies to sort waste. agriculture increases. waste. More metals are reclaimed from electronics • Denton sorts all trash for residents; Mining waste streams becomes critical for as new recovery technologies are adopted. residents no longer need to sort. energy production. Denton begins to sell its sorted waste as • As cost of processes decrease,new landfill fills up. technologies are adopted. 2025 HEADLINE NEWS: 2030 HEADLINE NEWS: 2040 HEADLINE NEWS: "Denton puts your trash to work" "Your trash is our treasure" "No such thing as waste" L_ C 693 Tutu re>I Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 13 5.2 SCENARIO B: CHANGE THE FUTURE NOW! This scenario forecasts a future where Denton community �. stakeholders understand their critical role in the waste Technology Driven Solutions management process and fully support reduce, reuse, recycle principles. Stakeholders are environmentally conscious and are willing to make investments in innovative next FOREED CHANGETHE UTUR 7 generation technologies necessary to achieve zero-waste WITHOUT GUILT FUTURE NOW! goals. By 2040,these technologies including sensors and MD Im robots can sort, identify, and capture any type of material v I and make use of it. Contamination is easily detected by Changing societal R attitudes&behavior • monitoring systems and anaerobic digesters are used to EID produce energy for city vehicles.The ideal of a complete 0 y closed-loop system is sought and policy settings follow suit. TRASH LOW-TECH M LOW TROUBLE COM RECYLING Solid waste management expands from the local level to a COMMUNITY systems-wide approach within the State of Texas. Low-cost/Low-tech Policy Options The'Change the Future /� . paints a future where society maintains a culture of collective responsibility and shared solutions for solid waste management. WW E». , . �>ausTse i solid waste management towards total capture and closed loop systems. Tutu re>I Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 14 •� t r�' 1 � •I r. . . consumer education about waste manag t pays off and . .. policy that set the community SCENARIO B CHARACTERISTICS: CHANGE THE FUTURE NOW! - 2040 on a path to achieve its zero-vvaste goals. The characteristics of this scenario paint a future where community consumption patterns reflect attitudes and behaviors that are fully supportive of reduce, reuse, recycle principals and accept collective responsibility for sustainable waste management policies. Advanced technologies are embraced to sort, identify, and capture all waste types and new markets expand for Denton's waste products. lin Consumption Patterns n Policy Setting and Waste Management and Waste Types `40- Application of If Systems Being Utilized re is continuous investment Technology id waste management expands onsumer education with a Advanced technologies make use m the local level to a systems-wide focus on collective responsibility of all waste and policy settings are approach within the State of Texas. and shared solutions. graduated to ensure that there will be Route monitoring occurs to identify with • Community stakeholders are fully supportive no need for landfill use after 2040. precision where contamination occurs. of'reduce,reuse,recycle'principles. Technologies can sort,identify,and capture Capture and conversion of CO2 and methane • Community stakeholders understand any type of material and make use of it. to energy is a normalized process in waste their role in waste management and are Increased use of sensors and robots make management. incentivized to change behaviors. sorting 100%efficient and creates markets Landfill mining occurs to empty the landfill. • All types of waste are collected and fully for waste use. utilized. Policies only allow use of recyclable materials for all packaging and construction. 2025 HEADLINE NEWS: 2030 HEADLINE NEWS: 2040 HEADLINE NEWS: "In the'Change the Future Now!' "Denton County leads Dallas "Organics provide all power for the scenario,continuous investment County in recycling numbers" City of Denton" in consumer" I 695 futu rc-A Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 1s V /; \ • a - - - ---------- IL 5.3 SCENARIO C: LOW TECH RECYCLING COMMUNITY This scenario forecasts a future where community �. stakeholders have a high-level understanding of the impacts Technology Driven Solutions of waste on the environment, but there is no political will to pursue high-cost technical solutions at the governmental level.The focus remains on localized, low-tech solutions FOREED CHANGETHE UTUR 7 such as the landfill, combined with low-cost reduce, reuse, WITHOUT GUILT FUTURE NOW! recycle remedies. Creative low-tech solutions such as drop- MD 1�i a offs, reusable containers, gamifying recycling, interest in v I reuse 'garbage to gold', and incentives for participation are Changingsocietal attitudes&behavior ID • popular waste management initiatives. As new technologies �j M age and become less expensive over time, they are added to Denton's waste management strategies.This low-cost, TRASH LOW-TECH M RECYLING LOW TROUBLE COM low-tech approach is problematic in the long run, as the city £ COMMUNITY is unable to keep up with consumer and producer waste production and the landfill reaches capacity. Low-cost/Low-tech Policy Options LANDFILL WEIGH STATION The'Low Tech Recycling scenario .. future where the desire to keep costs low impedes D - ability to . management initiatives,and the City is unable to •. up with waste . .. 696 futu re>J Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 16 7 v MMMMMMMMMMMIMINIMMMMM�_ stakeholder i.YIARMING � savvyIn the'Lovv Tech Recycling the . lovv-tech, low-cost options while promoting'reduce, SCENARIO C CHARACTERISTICS: Low Tech Recycling Community - 2040 reuse, recycle'principles. The characteristics of this scenario paint a future where Denton community stakeholders are highly aware of the benefits of environmentally sustainable waste management strategies,only there is no political will to pay for them. Policy settings are set at low-tech, low-cost levels with an emphasis on recycling and landfill solutions. Denton is a follower, not a leader in waste management technologies. I.n',derstanding Consumption Patternsn Policy Setting and Waste Management and Waste Types N n Application of `� Systems Being Utilized sumers have a high-level Technology Waste management systems of environmental Policies do not provide funding continue to be local with focus impact and financial implications. for next generation waste on recyclables and reuse. • Society has a high desire to reduce,reuse management technologies and Recycling is required and incentives are and recycle,and practices conscientious low-cost solutions continue. provided for participation. consumerism. • Denton continues to use the landfill while City expands reuse options and accepts more • Manufacturers adopt recyclable packaging at the same time promoting'reduce,reuse, items at the reuse shed. with extended lifecycles. recycle'principles. Denton is a follower,not a leader in waste • Waste shed area is micro-local with Taxing is based on consumption and there management technologies. neighborhood focus. are repercussions for contamination. • With no appetite for technology investments,the focus is on education. 2025 HEADLINE NEWS: 2030 HEADLINE NEWS: 2040 HEADLINE NEWS: "Residential recycling outpaces "Pop up reuse stores a growing "No more confusion over what can residential waste across Denton" sector for Denton businesses" go in the bin" i/00 �► 1 697 Tutu re-IQ Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 17 • 5.4 SCENARIO D: TRASH TROUBLE This scenario forecasts a future where the effects of excessive consumerism without regard for the environment slowly Technology Driven Solutions overwhelms the City of Denton's solid waste management system.A low-cost, low-tech policy orientation adds to the city's burden of dealing with waste and the landfill remains FOREED CHANGETHE UTUR 7 the go-to solution.With no funding or political support to WITHOUT GUILT FUTURE NOW! Q pursue newer materials recovery technologies, costs rise as MD the landfill reaches capacity and forces the city to search for v Other IDWer-COSt SOIUtI0n5 SUCK a5 incineration. Consumers o o Changing societal R attitudes&behavior M don't help the situation with low recycling participation rates EE ID and increased litter and illegal dumping to avoid high waste 0 y collection costs. Food and recycling waste fills up the landfill TRASH LOW-TECH M TROUBLE RECYLING LOW at an exponential rate. Sanitation issues arise with illegal COMMUNITY dumping and this creates a breeding ground for viruses such as the Zika virus. Low-cost/Low-tech Policy Options Trouble'The Trash paints a future that portrays Denton.the worst-case scenario for the City of•i effects of reliance traditionalon pp o. wouldto waste management and climate change have severe negative consequences rron quality imans in Denton. Tutu re A Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 18 Trouble' scenario,irreparable G harm occurs to the living - - - — A °• environment of Denton. Severe losses occur in the areas the reaeru sour"of la resources,and land, SCENARIO D CHARACTERISTICS: TRASH TROUBLE - 2040 '\' The characteristics of this scenario paint a future where Denton is gradually overtaken by waste and pollution, and disease spreads among animals and humans.The impacts of a low-cost, low-tech approach to solid waste management and recycling cannot keep up with a consumption-focused society and resources are slowly depleted. I Consumption Patterns ,� Policy Setting and Waste Management and Waste Types n n Application of I Systems Being Utilized Consumers have no regard for Technology iance on traditional approaches to environmental sustainability and make Lack of progressive policies restricts ste management increases illegal no effort to reduce,reuse,or recycle. investment in new technologies as the dumping,pollution,and tipping fees. • Low participation rates in recycling programs City seeks low-cost,low-tech options. Consumption-based consumer focus exponentially decreases landfill capacity. With no concern for carbon mitigation,the increases waste quantities headed to the • Limited recycling services restrict recycled most polluting collection vehicle technologies landfill, items to only most valuable commodities. are used. Costs rise as the landfill reaches capacity and • Landfill reaches capacity and increased illegal Individual homeowners and businesses the City searches for other low-cost solutions. dumping occurs. pay for all waste management services Sanitation issues arise with illegal dumping disincentivizing participation. and creates breeding grounds for viruses. • Costs increase for customers as consumption and waste production increase. 2025 HEADLINE NEWS: 2030 HEADLINE NEWS: 2040 HEADLINE NEWS: "Landfill reaches new heights:" "Illegal dumping accumulates "Doomsday comes to Denton" with no sign of collection:' V i > ,I o V Ail 699 futu re>IQ Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 19 stakeholdersBecause of the long-term nature of the Scenario Planning often see the'distant future vision 040unattainable and unrealistic. However,this underestimates • progress that can be de during the 6.0 EXPECTED AND PREFERRED FUTUREScumulative positive m pa - It g Think-Tank participants discussed the ramifications and implications of failing to achieve the impacts of change. preferred future.There was strong alignment among participants that Scenario B, 'Change the Future Now!' represented the preferred scenario for Denton.To get to the preferred future,there was recognition among Think-Tank participants that in addition to community behavior adjustments, policies must become more supportive of new technologies, expanded recycling options and a systems-wide approach to solid waste management. Getting from Expected to Preferred Future X axis is Changing societal attitudes and behavior X axis is Changing societal attitudes and behavior Y axis is Impacts of technology and policy Y axis is Impacts of technology and policy Technologydriven solutions T■chnelogydAven solutions I c 3 4 _ i e 3 V1 1 c 3 uS L• / 9 9 1': 9 Greed Change the •the Without �� Wlt out Futo e Guilt •�� Guilt utur:ow. c • •• • • • • 5 � .2 is o 5 is Y s •' � s • < Trash Low-Tech Trash Low-Tech 3 Trouble • Recycling 3 Troubl._, Recycling Communitv Community I:V - - 3 - b 9 :0 1 - 3 4 1 5 4 9 lU • FUTURE INSIGHTS: • A definite preference for the'Change the future now!'scenario indicates a clear mandate for the City of Denton to take • actions that support that vision for the future. Futureinsight ' There is an expectation that with generational change,there will be a more holistic,systems-wide approach to solid waste management.The issue is how long this will take and whether humans will be able to mitigate the damage done to the planet. 700 Tutu re-A Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 20 no1n9p The sense of urgency v9A / reflected by survey respondents DentonCity of mandate to institute 7.1 URGENCY TO IMPLEMENT THE VISION change quickly as the The survey conducted during the Think Tank at the end of Module 3, explored the perceived community seeks to achieve their preferred sense of urgency to implement the preferred future.The results indicate a strong desire to move with urgency.This reflects a sentiment seen in the community survey results. him— Sense of Urgency Question:How quickly do you think the City of Denton needs to adopt and pursue strategies to achieve the preferred future?Scale:1 = Not urgent right now;10 = Critically urgent right now 50% 40% 30% 22% 22% 20% 1196 10410 D!'o Sense of Urgency 1 Not urgent right now 0 2 03 M4 5 i 6_ 8 09 0 10 Criticafl-v urgent right now :i "You are doing a great job - keep up the good work - people might moan and groan about changes for the better but they did that when seatbelt laws were enacted too and now most folks wear them.... Change takes time -just hope we have enough time to turn around the mess we have made on planet Earth." -Denton Community Survey Respondent • FUTURE INSIGHTS: • Think tank participants who took the survey,rated the urgency of adopting and pursuing the vision in the 7-10 • scoring range(Urgent to Critically Urgent). Futurelnsight ' This data reflects a strong desire to move quickly.This was also reflected in Think-Tank modules 1 and 2,as well as the initial community survey. 701 Tutu rC-A Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 21 ORDM�gNI�#�8-299 supportWith can strive o be a leading 7.2 APPETITE FOR CHANGE communityr role-model waste management solid To gauge appetite for change to Denton's solid waste management strategy,Think-Tank Module in the Stateof 1 participants were asked a series of rapid polling questions.The first question asked what kind of waste management leadership role the city should take relative to similar Texas cities.The second question asked how active city should be in advocating for change.The third question asked how much respondents would be willing to pay for improved comprehensive solid waste management services in Denton. BURNS,&MSDONNELL -fIJ6 � future - DENTON What future-posture should Denton adopt relative to similar TX cities? (Select one option) Strive to be leading role-model community Stay abreast of evolving proven trends ' Stay doing much as we are today Reduce our involvement and Module investment Rapid Polling L_--.A "I think if handled correctly, Denton could easily lead the way in Texas on waste management. It would be great to see a big effort towards reducing waste of all kinds through better recycling programs, composting programs, and public education" -Denton Community Survey Respondent FUTURE INSIGHTS: • Module#1 participants expressed a desire to see Denton be very active in advocating at the State of local level for in change in solid waste and recycling and doing so in collaboration with other municipalities. Futureinsight * There was a willingness to pay more for improved comprehensive solid waste management services in Denton. 702 Tutu rc->I Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 22 dWW ow Y I �nt,n - ` cycles 8. 0 CONSULTING TEAM - TASK ONE The Task One consulting team was led by Burns&McDonnell,with survey and visioning components delivered by Future Q. a futurc> IQ BURNS,\�MSDONNELL Create Future Intelligence® Future iQ specializes in applying innovative tools and Burns Er McDonnell is a full-service engineering, approaches to assist municipalities, organizations, architecture, construction,environmental and consulting regions, and industries shape their economic and solutions firm, based in Kansas City, Missouri. Our Solid community futures.With nearly two decades of Waste and Resource Recovery group assists public and experience,the company has a global clientele spanning private clients throughout North America. three continents. To learn more visit To learn more visit https://www.burnsmcd.com www.future-iq.com The Task One Consulting Team included: David Beurle Scott Pasternak CEO, Future iQ Senior Project Manager 410 41 Burns 0 McDonnell Debra L. Kantner Heather Branigin Solid Waste Er Waste Minimization 110 VP, Foresight Research Strategic Planner Future iQ 110 Burns 0 McDonnell 703 Tutu re>IQ Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 23 ii-I A-41ji, 9.0 ACKNOWLEDGEMENTS Future iQ and Burns &McDonnell team members would like to thank Denton community stakeholders for their dedication and time committed to this project.Their presence at the virtual Think Tank modules and participation in the community survey were critical elements in the success of the visioning process.We would also like to thank Brian Boerner and the staff at the City of Denton for the many hours of meetings and material support. 10.0 FOR MORE INFORMATION For more information about Denton's Solid Waste Management Strategy Project, please contact: Brian Boerner, Director of Solid Waste City of Denton Phone: (940) 349-8001 Email: Brian.Boerner@cityofdenton.com n ►• Mto r� Now Y� Tutu re-A Q Comprehensive Solid Waste Management Strategy-Vision for Denton-Think-Tank Report-May 2021 24 _ ry T .w� .� 1 by � f <.. r. �•�- 1 _ - �— rr . ,^ "��hryc'•r .-��-'=fix - '•\ t �� } +- - `'� '� _i... _ �'—r--TT— � .s '•i�! t'��,rt;� ��• �"��,��f��•D-_ ��'i% 1jj�!La �� 44��.t- t:. f'� ;•a � , -�` s�''�t}i'��v 7 Wit•.. � � `' - f utu rc� Q' BURNS MSDONNELL Create Future Intelligence® DENTON 705 706 APPENDIX C - WASTE CHARACTERIZATION MEMO 706 BURNS t tMSDONNELL MEMORANDUM To: Brian Boerner-City of Denton From: Scott Pasternak-Burns&McDonnell Debra Kantner-Burns &McDonnell Eric Weiss-Burns&McDonnell Subject: Waste Characterization Event Results Date: March 11,2021 Burns&McDonnell is pleased to provide the composition results from garbage and recycling samples provided by the City of Denton(City)during the sorting event held the week of November 5 - 8,2020. This memo presents results from 2020 sorting event for the City's review including the garbage and recycling composition from single-family residential,multi-family residential, and commercial samples collected by City vehicles and delivered to the sorting site. The results presented in this memo are meant to describe the results of the waste characterization, and will be used to support and inform the development of the Comprehensive Solid Waste Strategy which will include further evaluation and analysis of the results presented here. Methodology The methodology of the sorting event included coordinating with the City to identify, collect and deliver material to the sorting site located at the ECO W.E.R.C.S. for handling and sortation as shown in Figure 1. Figure 1: Sorting Site Collection Methodology '4 top left—sorting table;bottom left—weighing sorted material;top right—tipping commercial sample;bottom right—staged single-family samples 8911 Capital of Texas Highway\Building 4,Suite 4260\Austin,TX 78759 O 512-872-7130\F 512-872-7127\burnsmcd.com 707 BURNS I MSDONNELL Page 2 Table 1 shows the number of samples collected and sorted from each generator type. Table 1: Number of Samples by Generator Type Refuse Recycling Generator Samples Samples Single-Family Residential' 8 8 Multi-Family Residential 3 3 Commercial 8 8 Total Samples 19 19 1. The results shown in this memo include four additional refuse and recycling sample data gathered as part of the North Central Texas Council of Governments(NCTCOG) sorting event held October 26—November 1,2020.This is intended to show results with an increased level of confidence as a result of sorting more material. Each single-family garbage sample was collected from eight to 10 households and the recycling samples were collected from the same households from the four quadrants of the City. The City selected three multi-family complexes, including a small,medium and large complex to provide a representative sampling. The City selected various commercial establishment among grocery stores,universities,retail stores,restaurants and automotive shops to provide a representative sampling. When material was delivered to the sorting site,the sort crew received and managed the material, staging it for sorting. The sort crew hand separated the material from each sample individually into designated buckets and then weighed and tracked the amount of each material type. The data collected in the field was compiled and analyzed to evaluate the composition profile of each generator type. The detailed results of this evaluation for each generator type are provided attached. The data was not extrapolated to evaluate the City-wide garbage and recycling composition due to limited sample size. 2020 Garbage and Recycling Composition This section presents the material composition profiles and the contamination levels from each generator type. There are several key items to consider while reviewing the results, described as follows: • Changes in material categories. Certain materials like rigid plastics and Construction& Demolition(C&D)metals were considered residue based on how they would be managed and processed by the City's contract Material Processing Facility(MRF). These materials can represent 1 - 3 percent of the material stream. • Liquids. There may be loss of liquids when material is transported from a household and processed at the MRF. During the sorting event,all of this liquid was counted as residue and no material was compacted during transportation. When setouts with liquids are collected by a refuse or recycling vehicle, some may leak out when the material is compacted and other material may evaporate upon arrival at the MRF. At MRFs, it is common to see"shrinkage"of 1 -3 percent of the incoming to processed material. • Sampling methodology. The small number of samples for each generator type may cause an irregular load to skew the average composition profile to show an inflated residue rate that is not reflective of the composition of material over time. 708 BURNS � MSDONNELL Page 3 Table 2 shows the high-level composition profile by each generator type. Detailed composition profiles of each generator type are provided attached. Table 2: Composition Profiles by Generator Type Single-Family' Multi-Family Commercial Material Garbage Recycling Garbage Recycling Garbage Recycling Newsprint 0.2% 1.0% 0.8% 2.3% 0.1% 0.0% Recyclable OCC 0.7% 14.1% 3.4% 26.5% 1.0% 69.3% Recyclable E-Commerce OCC 0.1% 7.4% 0.5% 7.7% 0.0% 1.5% Pizza Boxes 0.1% 0.2% 0.6% 0.1% 0.0% 0.0% Non-Recyclable OCC 0.7% 4.6% 1.0% 1.0% 3.1% 4.3% Kraft Paper/paperboard 2.0% 9.7% 2.0% 8.4% 1.0% 1.5% High Grade Office Paper 0.5% 0.6% 0.4% 0.8% 2.8% 1.7% Magazines/Glossy 0.2% 0.7% 0.2% 2.1% 0.1% 0.7% Polycoated/Aseptic Containers 0.2% 0.4% 0.3% 0.6% 0.2% 0.1% Mixed(Other Recyclable) 1.4% 2.6% 1.6% 2.2% 1.0% 1.1% Other(Non-Recyclable) 12.5% 5.7% 8.9% 4.6% 13.9% 7.2% Paper Subtotal 18.5% 47.1% 19.7% 56.4% 23.3% 87.5% PET Containers 2.4% 5.6% 2.6% 4.1% 1.1% 0.4% HDPE Containers-Natural 0.3% 1.7% 0.3% 0.7% 0.4% 0.2% HDPE Containers- Colored 0.5% 1.7% 0.6% 0.4% 1.8% 1.1% #3 -#7 Containers 0.3% 0.9% 0.4% 0.2% 0.8% 0.0% Polypropylene 0.8% 1.4% 1.0% 0.5% 0.2% 0.1% Non Recyclable Plastic 11.0% 9.5% 7.7% 6.9% 16.3% 3.1% Plastic Subtotal 15.2% 20.8% 12.7% 12.7% 20.6% 4.9% Aluminum Used Beverage 1.1% 2.6% 0.9% 1.2% 0.2% 0.1% Containers Ferrous Metal Food Containers 2.0% 1.1% 0.7% 1.4% 0.6% 0.1% Other Ferrous Metal 1.0% 1.4% 1.2% 0.1% 7.8% 0.4% Other Non-Ferrous Metal 0.7% 0.4% 0.3% 0.1% 0.3% 0.1% Metals Subtotal 4.7% 5.5% 3.1% 2.8% 9.0% 0.7% Recyclable Glass 2.7% 10.9% 5.3% 15.5% 0.6% 0.2% Non-Recyclable Glass 1.6% 1.0% 0.5% 1.8% 1.0% 0.3% Glass Subtotal 4.3% 11.9% 5.8% 17.3% 1.7% 0.5% Yard Waste 2.0% 0.5% 0.1% 0.0% 7.0% 1.0% Wood(non-C&D) 0.5% 0.1% 0.0% 0.0% 0.1% 0.0% Food Waste 32.0% 6.8% 29.6% 4.7% 32.4% 1.4% 709 BURNS � MSDONNELL Page 4 Single-Family' Multi-Family Commercial Material Garbage Recycling Garbage Recycling Garbage Recycling Other Organics 12.0% 5.1% 10.5% 0.3% 2.0% 0.5% Organics Subtotal 46.6% 12.4% 40.2% 5.0% 41.4% 2.9% Recyclable C&D 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Other C&D 0.7% 0.0% 0.0% 1.4% 0.3% 0.7% C&D Subtotal 0.7% 0.0% 0.0% 1.4% 0.3% 0.7% Electronics 0.9% 0.5% 1.5% 4.1% 0.0% 0.2% HHW 0.4% 0.0% 0.0% 0.0% 1.5% 2.2% Bulky Waste 1.8% 0.9% 8.9% 0.0% 0.0% 0.0% Problem Material Subtotal 3.0% 1.4% 10.4% 4.1% 1.5% 2.4% Other Inorganics 3.8% 0.7% 4.6% 0.0% 0.0% 0.0% Fines 3.4% 0.4% 3.4% 0.2% 2.3% 0.4% Other Subtotal 7.2% 1.0% 8.0% 0.2% 2.3% 0.4% Total2 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 1. The composition of single-family garbage and recycling shown is reflective of the combined results(a total of 12 samples of garbage and recycling)from the samples provided both during the City's sorting event and the NCTCOG sorting event held October 26-November 1, 2020 to show results with an increased level of confidence. 2. Total may not sum exactly due to rounding. Table 3 shows the recycling contamination present in the aggregated samples from each generator type. Contamination categories include non-recyclable Old Corrugated Cardboard(OCC), other non-recyclable paper,non-recyclable plastic,non-recyclable glass, organics, other C&D,problem material and other material. Table 3: Recycling Contamination by Generator Type Single-Family' Multi-Family Commercial Contamination 35.5% 25.0% 21.4% 1. Contamination in the single-family recycling shown is reflective of the combined results(a total of 12 samples of garbage and recycling)from the samples provided both during the City's sorting event and the NCTCOG sorting event intended to show results with an increased level of confidence. 710 BURNS t tMSDONNELL Page 5 Capture Rate This section provides the capture rate of the material provided from each generator type. Capture rate is calculated using the following formula: Pounds of Recyclable Materials in Recycling (Pounds of Recyclable Material in Recycling +Pounds of Recyclable Material in Garbage) Table 4 shows the capture rate from the materials delivered to the sort site,by generator type. Table 4: Capture Rate by Generator Type Single- Recyclable Material Family' Multi-Family Commercial Recyclable OCC 84.2% 70.8% 97.8% Mixed Paper 46.9% 48.6% 50.2% PET Containers 37.0% 32.4% 18.4% HDPE Containers-Natural 55.3% 42.6% 24.8% HDPE Containers-Colored 44.0% 13.2% 27.7% #347 Containers 35.8% 9.9% 10.4% Aluminum Used Beverage 37.1% 27.2% 31.5% Containers Ferrous Metal Food Containers 11.0% 38.2% 7.3% Recyclable Glass 50.4% 48.5% 19.7% Weighted Average 49.2% 51.9% 84.3% 1. Capture rate from single-family material is reflective of the combined results(a total of 12 samples of garbage and recycling)from the samples provided both during the City's sorting event and the NCTCOG sorting event intended to show results with an increased level of confidence. Please see the results on the attached pages and thank you again for your support to carry out this regional effort. If you have any questions please do not hesitate to reach out to Eric Weiss at ebweiss(cr�,bumsmcd.com or(737)242-7830 and Scott Pasternak at spasternak(a�,burnsmcd.com or(512) 872-7141. 711 City of Denton Results in blue indicate samples were from Single-Family Garbage and Recycling Composition-November 2020 the North Central Texas Council of Governments sorting event held October 26-November 1,2020 Garbage Recycling Overall Sample No. 1-G 2-G 7-G 8-G 12-G 13-G 18-G 19-G 47-G 48-G 49-G 50-G 1-11 2-R 7-R 8-R 12-R 13-R 18-R 19-R 47-R 48-R 49-R 50-R Generator Single-Family Material Group Material Material Breakdown(%) Averagel Material Breakdown(%) Average Total Refuse Samples Sorted 12 Newsprint 0.4% 0.6% 0.3% 0.0% 0.1% 0.0% 0.2% 0.1% 0.3% 0.5% 0.0% 0.0% 0.2% 0.0% 0.7% 0.0% 2.4% 0.0% 0.6% 2.2% 0.0% 3.2% 1.8% 0.9% 0.5% 1.0% Total Recycling Samples Sorted 12 Recyclable OCC 0.6% 1.1% 0.1% 0.4% 0.8% 1.0% 0.3% 0.3% 0.1% 0.7% 1.2% 1.4% 0.7% 30.5% 9.0% 11.3% 3.9% 8.2% 1.9% 20.1% 31.5% 7.6% 14.8% 3.7% 26.6% 14.1% Recyclable E-Commerce OCC 0.4% 0.0% 0.1% 0.0% 0.0% 0.1% 0.0% 0.2% 0.0% 0.7% 0.3% 0.0% 0.1% 10.4% 8.1% 1.4% 10.4% 3.0% 1.8% 6.5% 4.9% 20.9% 8.9% 5.7% 7.3% 7.4% Pizza Boxes 0.0% 0.0% 0.5% 0.0% 0.0% 0.1% 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.1% 0.0% 1.5% 0.0% 0.0% 0.7% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.2% Recyclable Material in Refuse 15.3% Non-Recyclable OCC 0.1% 1.3% 1.3% 0.6% 0.4% 0.1% 1.1% 0.3% 0.7% 1.0% 0.8% 0.6% 0.7% 0.0% 11.9% 0.6% 0.4% 2.3% 14.3% 10.6% 4.0% 1.4% 2.4% 5.1% 2.6% 4.6% Residue in Recycling Samples 35.5% Paper Kraft Paper/paperboard 2.7% 2.5% 1.6% 1.6% 1.1% 1.0% 2.4% 1.5% 2.8% 2.2% 2.0% 2.7% 2.0% 13.4% 19.7% 5.4% 6.7% 7.4% 5.7% 6.0% 12.3% 8.5% 15.3% 7.7% 8.6% 9.7% High Grade Office Paper 1.7% 0.6% 0.4% 0.5% 0.3% 0.2% 0.4% 0.0% 0.8% 0.4% 0.2% 0.5% 0.5% 0.0% 0.3% 2.1% 3.4% 0.3% 0.1% 0.4% 0.1% 0.2% 0.3% 0.4% 0.1% 0.6% Magazines/Glossy 0.3% 0.3% 0.9% 0.0% 0.0% 0.2% 0.0% 0.0% 0.2% 0.1% 0.0% 0.0% 0.2% 0.4% 0.0% 0.4% 1.8% 0.0% 0.7% 0.0% 0.0% 4.5% 0.0% 0.0% 0.0% 0.7% Polycoated/Aseptic Containers 0.1% 0.1% 0.2% 0.3% 0.1% 0.0% 0.0% 0.1% 0.3% 0.1% 0.5% 0.1% 0.2% 0.0% 0.6% 0.3% 0.5% 1.7% 0.8% 0.0% 0.2% 0.0% 0.0% 0.1% 0.3% 0.4% Mixed(Other Recyclable) 6.0% 1.2% 2.6% 0.6% 0.6% 0.5% 1.2% 0.2% 0.9% 0.4% 0.3% 1.9% 1.4% 0.9% 3.1% 3.0% 10.8% 0.6% 1.2% 0.8% 0.4% 3.5% 5.1% 0.6% 1.9% 2.6% Other(Non-Recyclable) 6.5% 14.2% 14.5% 8.9% 10.1% 10.2% 8.9% 9.3% 21.4% 14.3% 21.5% 10.1% 12.5% 0.4% 0.8% 8.8% 0.0% 7.6% 6.4% 3.4% 3.6% 16.5% 8.3% 10.9% 1.1% 5.7% Paper Subtotal 18.8% 22.0% 22.5% 12.9% 13.6% 13.4% 14.6% 11.9% 27.6% 20.5% 26.9% 17.5% 18.5% 55.9% 55.7% 33.2% 40.2% 32.0% 33.5% 49.9% 57.1% 66.4% 56.9% 35.0%1 48.9% 47.1% PET Containers 2.5% 3.0% 2.2% 1.1% 1.5% 1.7% 3.2% 1.9% 2.2% 1.9% 5.4% 2.5% 2.4%1 2.4%1 4.9%1 1.8% 3.6%1 3.9% 11.2% 5.3% 5.4% 8.0% 5.5% 10.3% 5.4% 5.6% HDPE Containers-Natural 0.5% 0.1% 0.1% 0.2% 0.3% 0.2% 0.0% 0.3% 0.2% 0.6% 0.4% 0.2% 0.3% 3.7% 0.3% 0.6% 0.7% 2.4% 2.2% 1.7% 1.8% 0.6% 3.1% 2.5% 1.0% 1.7% HOPE Containers-Colored 0.4% 0.3% 0.4% 0.4% 0.1% 0.1% 1.1% 0.8% 0.4% 0.4% 0.6% 0.9% 0.;6 4.8% 0.0% 3.0% 0.4% 3.0% 3.8% 1.8% 0.0% 1.3% 1.0% 1.3% 0.4% 1.7% Plastic #3-#7 Containers 0.3% 0.4% 0.2% 0.4% 0.1% 0.2% 0.2% 0.4% 0.1% 0.5% 0.3% 0.1% 0.3% 0.0% 0.0% 5.9% 2.0% 0.7% 1.2% 0.3% 0.0% 0.5% 0.3% 0.1% 0.0% 0.9% Polypropylene 0.3% 0.0% 1.0% 0.4% 0.4% 0.4% 1.6% 0.8% 0.9% 1.1% 1.6% 0.5% 0.89/. 0.0% 7.5% 0.2% 1.4% 0.5% 2.5% 0.9% 0.5% 1.1% 0.7% 0.6% 0.6% 1.4% Non Recyclable Plastic 10.8% 6.7% 11.3% 8.7% 10.2% 11.5% 10.2% 10.1% 12.5% 12.8% 16.7% 10.2% 11.0% 4.1% 3.2% 23.3% 6.9% 8.8% 10.2% 9.7% 5.2% 11.7% 10.5% 14.3% 5.5% 9.5% Plastic Subtotal 14.9% 10.6% 15.1% 11.2% 12.4% 14.1% 16.4% 14.3% 16.4%1 17.2% 25.0%1 14.4% 15.2% 14.9% 15.8% 34.8% 15.0% 19.4% 31.1% 19.7% 12.9% 23.1% 21.1% 29.0% 12.9% 20.8% Aluminum Used Beverage Containers 2.0% 3.1% 0.0% 0.5% 0.0% 0.6% 2.3% 1.0% 0.5% 1.2% 0.6% 0.9% 1.1% 0.0% 5.0% 0.3% 1.5% 0.6% 1.5%1 6.0% 6.3%1 0.6% 5.8% 0.7% 3.0% 2.6% Ferrous Metal Food Containers 0.7% 4.3% 0.6% 1.3% 0.6% 2.0% 1.3% 8.7% 0.3% 1.3% 1.5% 1.2% 2.0% 0.0% 1.4% 0.3% 2.1% 2.1% 1.4% 0.0% 0.9% 2.8% 0.5% 0.3% 1.1% 1.1% Metals Other Ferrous Metal 3.8% 0.2% 0.2% 0.5% 0.8% 2.1% 0.2% 0.5% 2.6% 0.6% 0.1% 0.2% 1.0% 0.0% 0.0% 0.4% 2.0% 0.0% 7.2% 3.1% 0.0% 0.0% 1.1% 2.8% 0.0% 1.4% Other Non-Ferrous Metal 1.7% 0.2% 0.4% 0.3% 0.8% 1.1% 0.7% 0.4% 0.8% 0.6% 0.4% 0.6% 0.7% 0.0% 0.3% 0.2% 1.3% 0.7% 0.0% 0.4% 0.1% 0.2% 0.7% 0.4% 0.3% 0.4% Metals Subtotal 8.1% 7.8% 1.2% 2.5% 2.2% 5.7% 4.5% 10.5% 4.3% 3.6% 2.6% 3.0% 4.7% 0.0% 6.7% 1.2% 6.9% 3.5% 10.1% 9.5% 7.3% 3.6% 8.1%1 4.2% 4.4%1 5.5% Recyclable Glass 7.0% 11.9% 1.6% 2.0% 0.4% 3.1% 2.4% 0.7% 0.2% 0.8% 0.8% 1.8% 2.7% 17.1% 19.0% 2.1% 14.5% 3.4% 24.6% 13.6% 10.2% 2.9% 9.3% 3.5% 10.4% 10.9% Glass Non-Recyclable Glass 0.0% 0.1% 10.9% 0.3% 0.8% 0.0% 4.8% 0.0% 0.7% 0.7% 0.4% 0.0% 1.6% 0.0% 0.0%1 2.0% 0.2%1 0.0% 0.0% 0.0% 5.9% 2.8% 0.0% 0.7% 0.2% 1.0% Glass Subtotal 7.0% 12.0% 12.5% 2.3% 1.2% 3.1% 7.2% 0.7% 0.9% 1.5% 1.2% 1.8% 4.3% 17.1% 19.0% 4.0% 14.7% 3.4% 24.6% 13.6%1 16.0% 5.7% 9.3% 4.2% 10.6% 11.9% Yard Waste 0.1% 0.0% 3.5% 1.6% 8.0% 0.2% 0.0% 4.6% 0.0% 3.4% 0.3% 2.3% 2.0% 0.0% 0.0% 0.0% 0.0% 5.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.6% 0.0% 0.5% Wood(non-C&D) 0.2% 0.3% 1.4% 0.2% 0.3% 1.0% 0.0% 0.0% 0.2% 0.3% 2.4% 0.0% 0.5% 0.9% 0.0% 0.1% 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.1% Organics Food Waste 15.6% 31.8% 38.3% 44.5% 20.8% 36.7% 22.0% 31.3% 31.2% 28.2% 37.1% 47.2% 32.0% 0.0% 2.8% 18.0% 6.1% 9.1% 0.2% 7.3% 2.5% 1.2% 2.0% 12.4% 19.6% 6.8% Other Organics 8.8% 4.8% 2.2% 11.1% 22.9% 20.0% 30.9% 12.4% 10.1% 10.7% 0.0% 10.0% 12.0% 11.2% 0.0% 4.0% 0.7% 27.6% 0.5% 0.0% 3.6% 0.0% 2.4% 8.3% 2.5% 5.1% Organics Subtotal 24.7% 36.9% 45.5% 57.4% 52.1% 57.8% 52.9% 48.2% 41.5% 42.5% 39.7% 59.5% 46.6% 12.1% 2.8% 22.1%1 6.8% 41.7% 0.6% 7.3% 6.1% 1.2% 4.4% 21.3% 22.2% 12.4% Recyclable C&D 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% C&D Other C&D 0.3% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 2.3% 4.0% 0.2% 0.1% 1.0% 0.7% 0.0% 0.0% 0.0% 0.3% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% C&D Subtotal 0.3% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 2.3% 4.0% 0.2% 0.1% 1.0% 0.7% 0.0% 0.0% 0.0% 0.3% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Electronics 0.5% 0.0% 0.6% 0.0% 3.4% 0.0% 0.0% 1.7% 0.1% 3.5% 0.1% 0.5% 0.9% 0.0% 0.0% 0.4% 5.8% 0.0% 0.0% 0.0% 0.0% 0.0% 0.2% 0.0% 0.0% 0.5% Problem HHW 3.2% 0.0% 0.0% 0.4% 0.1% 0.3% 0.0% 0.1% 0.2% 0.0% 0.0% 0.0% 0.4% 0.0% 0.0% 0.0% 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Materials Bulky Waste 0.0% 0.0% 0.0% 1.2% 11.0% 2.2% 0.0% 6.8% 0.0% 0.0% 0.0% 0.0% 1.8% 0.0% 0.0% 0.0% 10.3% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.9% Problem Material Subtotal 3.7% 0.0% 0.6% 1.6% 14.4% 2.5% 0.0% 8.5% 0.4% 3.5% 0.1% 0.5% 3.0% 0.0% 0.0% 0.4% 16.2% 0.0% 0.0% 0.0% 0.0% 0.0% 0.2% 0.0% 0.0% 1.4% Other Inorganics 18.1% 7.9% 0.0% 4.9% 1.4% 0.0% 2.7% 0.4% 2.4% 7.4% 0.0% 0.0% 3.8% 0.0% 0.0% 4.3% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 3.7% 0.0% 0.7% Other Fines 4.4% 2.8% 2.7% 7.3% 2.7% 3.2% 1.7% 3.1% 2.6% 3.6% 4.4% 2.4% 3.4% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.6% 0.0% 0.0% 2.7% 1.0% 0.4% Other Subtotal 1 22.5%1 10.7%1 2.7% 12.2% 4.1% 3.2% 4.4% 3.5% 5.0% 11.1% 4.4% 2.4% 7.2% 0.0% 0.0% 4.3% 0.0% 0.0% 0.0% 0.0% 0.6% 0.0% 0.0% 6.4% 1.0% 1.0% Totall 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0%1 100.0%1 100.0%1 100.0%1 300.0% 100.0% Burns&McDonnell 712 City of Denton Multi-Family Garbage and Recycling Composition-November 2020 Garbage Recycling Overall Sample No. 6-G 11-G 15-G 6-11 11-11 15-R Generator Multi-family Material Group Material Material Breakdown(%) Average Material Breakdown(%) Average Total Refuse Samples Sorted 3 Newsprint 1.2% 0.3% 0.9% 0.8% 3.3% 2.7% 0.7% 2.3% Total Recycling Samples Sorted 3 Recyclable OCC 6.3% 0.1% 3.7% 3.4% 36.7% 15.0% 27.8% 26.5% Recyclable E-Commerce OCC 0.4% 0.1% 1.0% 0.5% 0.2% 18.3% 4.7% 7.7% Pizza Boxes 0.2% 0.2% 1.6% 0.6% 0.0% 0.4% 0.0% 0.1% Recyclable Material in Refuse 21.6% Non-Recyclable OCC 0.9% 1.0% 1.2% 1.0% 1.1% 1.2% 0.8% 1.0% Residue in Recycling Samples 25.0% Paper Kraft Paper/paperboard 1.9% 1.4%1 2.7% 2.0%1 7.7% 6.3% 11.1% 8.4% High Grade Office Paper 0.3% 0.2% 0.5% 0.4% 0.3%1 1.7% 0.5% 0.8% Magazines/Glossy 0.2% 0.2% 0.0% 0.2% 0.0% 1.0% 5.3% 2.1% Polycoated/Aseptic Containers 0.4% 0.1% 0.4% 0.3% 0.1% 0.5% 1.2% 0.6% Mixed(Other Recyclable) 1.8% 2.6% 0.3 o 1.6% 1.2% 2.1%1 3.4% 2.2% Other(Non-Recyclable) 6.6% 8.0% 12.2% 8.9% 3.1% 7.6% 3.1% 4.6% Paper Subtotal 20.3% 14.3% 24.5% 19.7% 53.8% 56.9% 58.6% 56.4% PET Containers 2.4% 1.7%1 3.7% 2.6%1 4.9% 3.2% 4.1% 4.1% HDPE Containers-Natural 0.3% 0.4% 0.4% 0.3% 0.9% 0.8% 0.5% 0.7% HDPEContainers-Colored 1.3% 0.1% 0.4% 0.6% 0.3% 0.0% 0.8% 0.4% Plastic #3-#7Containers 0.9% 0.2% 0.2% 0.4% 0.0%1 0.1% 0.3% 0.2% Polypropylene 0.1% 1.0% 1.9% 1.0% 0.1% 0.4% 0.9% 0.5% Non Recyclable Plastic 7.5% 7.2% 8.4% 7.7% 4.6% 8.3% 7.8% 6.9% Plastic Subtotal 12.4% 10.7% 14.9% 12.7% 10.9% 12.9% 14.4% 12.7% Aluminum Used Beverage Containers 0.6%1 0.2% 2.0%1 0.9% 1.6% 0.8% 1.2% 1.2% Ferrous Metal Food Containers 0.4% 0.7% 0.9% 0.7% 1.9% 1.0% 1.3% 1.4% Metals Other Ferrous Metal 2.5% 0.4% 0.7% 1.2% 0.0% 0.0% 0.4%1 0.1% Other Non-Ferrous Metal 0.3% 0.3% 0.5% 0.3% 0.0%1 0.3% 0.0% 0.1% Metals Subtotal 3.7% 1.6% 4.2% 3.1% 3.5% 2.1% 3.0% 2.8% Recyclable Glass 5.0% 4.2% 6.6% 5.3% 25.7% 10.3% 10.5% 15.5% Glass Non-Recyclable Glass 0.7% 0.1% 0.8% 0.5%1 0.4% 2.1% 2.8% 1.8% Glass Subtotal 5.7% 4.3%1 7.5% 5.8% 26.0% 12.5% 13.3% 17.3% Yard Waste 0.0% 0.4% 0.0% 0.191. 0.0% 0.0% 0.0% 0.0% Wood(non-C&D) 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Organics Food Waste 23.5% 35.2% 30.1% 29.6% 5.5%1 1.2% 7.4% 4.7% Other Organics 10.9% 12.1% 8.5% 10.5% 0.1% 0.5% 0.3% 0.3% Organics Subtotal 34.4% 47.7% 38.6% 40.2% 5.5% 1.7% 7.6% 5.0% RecyclableC&D 0.0% 0.0% 0.0% 0.0%1 0.0% 0.0% 0.0% 0.0% C&D Other C&D 0.0% 0.0%1 0.1% 0.0% 0.0% 4.3% 0.0% 1.4% C&D Subtotal 0.0% 0.0% 0.1% 0.0% 0.0% 4.3% 0.0% 1.4% Electronics 0.0% 4.6% 0.0% 1.5% 0.3% 8.9% 3.1% 4.1% Problem HHW 0.0% 0.0% 0.0% 0.0% 0.0%1 0.1% 0.0% 0.0% Materials Bulky Waste 13.9% 8.3% 4.4% 8.9% 0.0% 0.0% 0.0% 0.0% Problem Material Subtotal 13.9% 13.0% 4.4% 10.4% 0.3% 9.0% 3.1% 4.1% Other Inorganics 5.2% 5.0% 3.7% 4.6%1 0.0% 0.0%1 0.0% 0.0% Other Fines 4.4%1 3.5%1 2.2% 3.4% 0.0% 0.7% 0.0% 0.2% Other Subtotal 9.6%1 8.5%1 5.9% 8.0% 0.0% 0.7% 0.0% 0.2% Total 100.0%1 100.0%1 100.0% 100.0% 100.0% 100.0% Burns&McDonnell 713 City of Denton Commercial Garbage and Recycling Composition-November 2020 Garbage Recycling [Overall No. 3-G 4-G 5-G 9-G 10-G 14-G 16-G 17-G 3-11 4-R 5-R 9-R 10-R 14-R 16-R 17-R Generator Commercial Material Group Material Material Breakdown(%) Averagel Material Breakdown(%) Average Total Refuse Samples Sorted 8 Newsprint 0.0% 0.2% 0.0% 0.2% 0.0% 0.0% 0.0% 0.0% 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%1 0.0% 0.0% Total Recycling Samples Sorted 8 Recyclable OCC 2.9% 0.8% 0.7% 0.6% 0.2% 2.1% 0.7% 0.0% 1.0% 82.2% 90.3% 22.2% 88.3% 95.6% 76.9% 3.2% 95.8% 69.3% Recyclable E-Commerce OCC 0.0% 0.0% 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 11.5% 0.0% 0.0% 0.0% 0.8% 0.0% 1.5% Pizza Boxes 0.0% 0.2% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Recyclable Material in Refuse 12.0% Non-Recyclable OCC 10.5% 2.1% 0.3% 0.0% 0.0% 1.6% 6.5% 4.0% 3.1% 0.8% 0.0% 0.0% 11.7% 0.0% 5.4% 14.8% 1.9% 4.3% Residue in Recycling Samples 21.4% Kraft Paper/paperboard 0.5% 0.9% 2.7% 0.8% 1.6% 0.9% 0.3% 0.0% 1.0% 2.5% 2.0% 1.8% 0.0% 0.0% 0.4% 4.9% 0.7% 1.5% Paper High Grade Office Paper 0.0% 0.2% 18.2% 2.7% 0.5% 0.1% 0.4% 0.0% 2.8% 0.1% 0.0% 13.2% 0.0% 0.0% 0.0% 0.2% 0.0% 1.7% Magazines/Glossy 0.0% 0.3% 0.7% 0.1% 0.0% 0.0% 0.0% 0.0% 0.1% 0.0% 0.0% 5.3% 0.0% 0.0% 0.0% 0.0% 0.0% 0.7% Polycoated/Aseptic Containers 0.1% 0.0% 0.2% 1.1% 0.0% 0.4% 0.0% 0.1% 0.2% 0.3% 0.0% 0.0% 0.0% 0.0% 0.0% 0.3% 0.0% 0.1% Mixed(Other Recyclable) 0.1% 0.5% 1.7% 1.7% 3.9% 0.0% 0.1% 0.2% 1.0% 0.1% 0.0% 6.3% 0.0% 2.6% 0.0% 0.1% 0.0% 1.1% Other(Non-Recyclable) 8.6% 7.1% 31.4% 8.1% 8.1% 21.7% 7.4% 19.3% 13.9% 0.6% 0.3% 36.7% 0.0% 0.0% 0.7% 18.9% 0.2% 7.2% Paper Subtotal 22.7% 12.2% 56.0% 15.4% 14.2% 26.9% 15.3% 23.5% 23.3% 86.7% 92.5% 96.9% 100.0% 98.3% 83.4% 43.3% 98.6% 87.5% PET Containers 1.2% 3.0% 1.4% 0.5% 1.1% 0.3% 1.0% 0.2% 1.1% 0.2% 0.3% 0.8% 0.0% 0.0% 0.1% 1.3% 0.2% 0.4% HDPE Containers-Natural 0.4% 0.6% 0.0% 0.2% 0.3% 0.1% 0.0% 1.5% 0.4% 0.0% 0.0% 0.3% 0.0% 0.0% 0.0% 0.7% 0.4% 0.2% HDPE Containers-Colored 0.1% 0.2% 0.3% 0.2% 0.0% 0.2% 13.0% 0.0% 1.8% 0.3% 0.1% 0.0% 0.0% 0.0% 0.0% 8.2% 0.0% 1.1% Plastic k3-#7 Containers 0.0% 0.3% 1.7% 0.0% 0.2% 0.1% 0.1% 4.3% 0.8% 0.1% 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Polypropylene 0.3% 0.3% 0.2% 0.1% 0.2% 0.6% 0.1% 0.0% 0.2% 0.0% 0.0% 0.2% 0.0% 0.0% 0.0% 0.4% 0.2% 0.1% Non Recyclable Plastic 4.7% 11.3% 22.3% 8.9% 51.4% 11.9% 4.2% 15.5% 16.3% 4.6% 0.8% 0.7% 0.0% 1.7% 1.5% 15.2% 0.5% 3.1% Plastic Subtotal 6.7% 15.6% 26.0% 10.0% 53.2% 13.2% 18.3% 21.5% 20.6% 5.3% 1.3% 2.0% 0.0% 1.7% 1.6% 25.8% 1.3% 4.9% Aluminum Used Beverage Containers 0.6% 0.3% 0.3% 0.2% 0.1% 0.1% 0.3% 0.1% 0.2% 0.1% 0.1% 0.3% 0.0% 0.0% 0.1% 0.4% 0.1% 0.1% Ferrous Metal Food Containers 0.2% 1.9% 0.7% 0.3% 0.0% 0.4% 0.0% 1.2% 0.6% 0.0% 0.1% 0.3% 0.0% 0.0% 0.0% 0.0% 0.0% 0.1% Metals Other Ferrous Metal 0.1% 0.2% 0.4% 5.2% 0.5% 0.0% 55.9% 0.4% 7.8% 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 3.4% 0.0% 0.4% Other Non-Ferrous Metal 0.0% 0.3% 0.2% 1.0% 0.1% 0.0% 0.5% 0.2% 0.3% 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.8% 0.0% 0.1% Metals Subtotal 0.9% 2.7% 1.6% 6.7% 0.6% 0.5% 56.7% 2.0% 9.0% 0.3% 0.2% 0.7% 0.0% 0.0% 0.1% 4.6% 0.1% 0.7% Recyclable Glass 1.8% 0.4% 0.9% 0.1% 0.0% 0.4% 0.3% 1.3% 0.6% 0.0% 0.5% 0.4% 0.0% 0.0% 0.4% 0.0% 0.0% 0.2% Glass Non-Recyclable Glass 0.0% 0.8% 0.0% 0.0% 0.0% 0.0% 0.0% 7.3% 1.0% 0.0% 2.7% 0.0% 0.0% 0.6% 0.0% 0.0% 0.0% 0.3% Glass Subtotal 1.8% 1.2% 0.9% 0.1% 0.0% 0.4% 0.3% 8.6% 1.7% 0.0% 3.2% 0.4% 0.0% 0.0% 0.4% 0.0% 0.0% 0.5% Yard Waste 0.5% 0.4% 0.0% 36.4% 18.5% 0.0% 0.0% 0.0% 7.0% 0.1% 0.0% 0.0% 0.0% 0.0% 8.1% 0.0% 0.0% 1.0% Wood(non-C&D) 0.0% 0.0% 0.1% 0.6% 0.0% 0.0% 0.0% 0.0% 0.1% 0.0% 0.3% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Organics Food Waste 64.1% 61.3% 11.3% 26.1% 5.0% 53.4% 3.2% 34.6% 32.4% 7.4% 2.4% 0.0% 0.0% 0.0% 1.0% 0.1% 0.0% 1.4% Other Organics 1.0% 4.7% 2.6% 0.7% 1.8% 1.2% 0.4% 3.4% 2.0% 0.2% 0.2% 0.0% 0.0% 0.0% 0.0% 3.6% 0.0% 0.5% Organics Subtotal 65.6% 66.4% 14.0% 63.8% 25.2% 54.6% 3.6% 38.0% 41.4% 7.7% 2.9% 0.0% 0.0% 0.0% 9.1% 3.7% 0.0% 2.9% Recyclable C&D 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% C&D Other C&D 0.6% 0.0% 0.0% 2.1% 0.0% 0.0% 0.0% 0.0% 0.3% 0.0% 0.0% 0.0% 0.0%1 0.0% 5.5% 0.1% 0.0% 0.7% C&D Subtotal 0.6% 0.0% 0.0% 2.1% 0.0% 0.0% 0.0% 0.0% 0.3% 0.0% 0.0% 0.0% 0.0% 0.0% 5.5% 0.1% 0.0% 0.7% Electronics 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.9% 0.0% 0.2% Problem HHW 0.0% 0.1% 0.0% 0.0% 6.2% 0.0% 5.8% 0.0% 1.5% 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 17.3% 0.0% 2.2% Materials Bulky Waste 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Problem Material Subtotal 0.0% 0.1% 0.0% 0.0% 6.2%1 0.0% 5.8% 0.0% 1.5% 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 19.2% 0.0% 2.4% Other Inorganics 0.0% 0.0% 0.0% 0.0% 0.0% 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Other Fines 1.7% 1.7% 1.6% 1.8% 0.6% 4.3% 0.0% 6.4% 2.3% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%1 3.3%1 0.0% 0.4% Other Subtotal 1.7% 1.7% 1.6% 1.8% 0.6% 4.5% 0.0% 6.4% 2.3% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 3.3% 0.0% 0.4% Total 100.0% 100.0% 10.'% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% Burns&McDonnell 714 715 BURNS M _ DONNELLsM CREATE AMAZING. Burns&McDonnell Engineering Company, Inc. 8911 N Capital of Texas Hwy Building 3, Suite 3100 Austin, TX 78759 (512)872-7130 www.burnsmcd.com 715 Date: May 27, 2022 Report No. 2022-033 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Boards and Commissions 2022 Screening&Appointment Process DISCUSSION: A work session has been scheduled for June 28, 2022, during which the Boards and Commissions Screening and Appointment Process will be presented to City Council. At that time, an overview of the nomination,vetting,appointment detail,terms,qualifications,and application processes will be detailed The proposed timeline is as follows: Email notifications are sent to all existing members whose terms expire in 2022 and other interested individuals requesting they June 1, 2022 submit an online application, due June 15,2022. Vetting by the City Secretary begins immediately upon application submittal. City staff promotes the opportunity to serve on a board,commission, June 1, 2022 or committee across its communication channels and encourages interested individuals to submit an online application by June 15, 2022. June 28, 2022 Work Session presentation on the Board and Commission Screening and Appointment Process. July 6, 2022 A packet of qualified(re)applicants are provided to City Council. July 26, 2022 Deadline for Council members to submit nominations for open board and commission positions. Formal appointments at City Council Meeting. August 2, 2022 Note: Appointments may begin sooner if nominations are received and vetting is completed ahead of schedule. Staff will be available to individually assist interested community members with the online application and submittal process. STAFF CONTACT: Rosa Rios, City Secretary 940-349-8309 rosa.riosncityofdenton.com 716 Friday Report - Council Requests smartsheet Summary of Request Date Received --..97o—uncil Member Staff Assigned Department Comments Action Requestor 1 Can staff follow up on previous repairs to a church 05/20/22 Mayor Hudspeth i Brian Boerner Solid Waste Staff will research and follow up In Progress parking lot that are worsening? with church officials. 2 Are the water coolers in the Brinker Road area 05/20/22 Mayor Hudspeth Scott McDonald Development Services Information will be included in a In Progress located in the city easements? future Friday Report. 3 Request to assist resident with United Way rental 05/20/22 Mayor Hudspeth Courtney Douangdara,Danielle Community Services Information will be included in a In Progress assistance inquiry. Shaw future Friday Report 4 Inquiry regarding update to language in both code ofl 05/23/22 Mayor Pro Tern Beck Mack Reinwand,Madison Internal Audit Legal Information will be included in a In Progress ethics and charter election code. Rorschach future Friday Report. 5 Request to address safety concerns of people 05/19/22 Mayor Hudspeth Danielle Shaw Community Services Information provided in the May Complete • sheltering under the DCTA bridge. 27 Friday Report. Request for staff to address an email regarding the 05/23/22 Mayor Pro Tem Beck Frank Dixon Police Deputy Chief Padgett Complete • 6 lack of PD representation at SEDNA meeting. responded directly to the resident I am requesting a work session to receive a report 05/25/22 Council Member Davis Frank Dixon Police Information provided in the May Complete • from and discuss the rise of gun violence in our city, 27 Friday Report. and to educate the council on the steps the police 7 department has taken thus far.If there are policy or budget decisions we should be considering,I would like the council to be briefed on them as soon as possible. 8 Can staff address signage issues in a construction 05/25/22 Mayor Hudspeth Ethan Cox Public Works Information will be included in a Complete • zone around Locust Street? future Friday Report. Request for clarification on the special events 05/25/22 Council Member Byrd Christine Taylor,Gary Packan City Managers Office Parks Information provided in the May Complete • 9 process through Parks and Recreation,specifically 27 Friday Report. whether the ordinance allows people to use city parks while charging fees. 10 Two Minute Pitch:Increase time for open mic 05/18/22 Council Member Byrd Monica Benavides City Managers Office Scheduled for June 7 meeting. Scheduled • speakers from 4 to 5 minutes. Exported on May 27,2022 2:08:55 PM CDT 717 Page 1 of 1 FY 21 / 22 Council Requests Open Requests Requests Answered by Department FY Current Year Requests by 21/22 Council Person Paul Meltzer Deb Armintor Community Svcs Jesse Davis Environmental Svcs Mayor Gerard Hudspeth Public Works - Vikki Byrd Capital Projects Brian Beck Utilities 12% 22% Alison Maguire CMO 0 2 4 6 8 Library Legal Fire Police Requests _ by Quarter Tech Services Airport 200 152 Public Affairs/ Customer Svc 97 115 Economic Development 100 0 Development Svcs Litho 0 Finance 0 Paul Meltzer • Deb Armintor • Jesse Davis Q1 21122 Q2 21,,22 Q3 21122 Q4 21,22 Audit • Mayor Gerard Hudspeth • Vikki Byrd Municipal Court Brian Beck * Alison Maguire Procurement Real Estate Risk � Total • . - Requests Elected Official Other Some requests involve multiple departments, causing the 0 20 40 60 80 total requests by department to add up higher than the 11 Submit New total request count Request "s City of Denton City Hall 215 E.McKinney St. Meeting Calendar Denton,Texas 76201 U E NTO N www.cityofdenton.com Criteria : Begin Date: 51112022, End Date: 713112022 Date Time Meeting Body Meeting Location May 2022 5/2/2022 4:00 PM Parks, Recreation and Beautification Civic Center Community Room Board & North Lakes Recreation Center Pavilion/Room A 5/2/2022 6:00 PM Board of Ethics Council Work Session Room 5/3/2022 4:00 PM City Council Council Work Session Room Council Chambers 5/5/2022 8:00 AM Agenda Committee City Hall Conference Room 5/5/2022 8:30 AM Economic Development Partnership Development Service Center Board Training Rooms 5/5/2022 2:00 PM City Council Council Work Session Room Council Chambers 5/9/2022 9:00 AM Public Utilities Board Council Work Session Room 5/9/2022 5:30 PM Board of Ethics Council Work Session Room 5/9/2022 5:30 PM Historic Landmark Commission Development Service Center 5/9/2022 5:30 PM Library Board Meeting Room at the South Branch Library, 3228 Teasley Lane, Denton, Texas 5/11/2022 11:00 AM Economic Development Partnership Development Service Center Board Training Rooms 5/11/2022 12:00 PM Tax Increment Reinvestment Zone No. 2 Development Service Center Board 5/11/2022 3:00 PM Airport Advisory Board Airport Terminal Meeting Room 5/11/2022 6:30 PM Planning and Zoning Commission Council Work Session Room Council Chambers 5/12/2022 3:00 PM Health&Building Standards Development Service Center Commission 5/13/2022 10:00 AM Development Code Review Committee Development Service Center 5/13/2022 12:00 PM Community Services Advisory Development Service Center(401 Committee N. Elm Street, Denton,Texas) 5/13/2022 1:00 PM Committee on the Environment Sustainability Office City of Denton Page 1 Printed on 5/27/2022 719 Meeting Calendar continued.. Date Time Meeting Body Meeting Location 5/16/2022 5:30 PM Traffic Safety Commission Development Service Center 5/16/2022 5:30 PM Zoning Board of Adjustment Council Work Session Room 5/16/2022 6:30 PM Zoning Board of Adjustment Council Work Session Room 5/17/2022 2:00 PM City Council Council Chambers City Hall Conference Room 5/17/2022 4:00 PM City Council Council Work Session Room Council Chambers 5/18/2022 9:00 AM Mobility Committee Council Work Session Room 5/19/2022 3:00 PM Committee on Persons with Disabilities Development Service Center 5/20/2022 12:00 PM Bond Oversight Committee Development Services Center 5/23/2022 9:00 AM Public Utilities Board Council Work Session Room 5/23/2022 5:30 PM Board of Ethics Council Work Session Room 5/23/2022 5:30 PM Zoning Board of Adjustment Council Work Session Room 5/25/2022 12:00 PM Downtown Denton Tax Increment Development Service Center Financing Zone No. 1 Board Training Rooms 5/25/2022 1:00 PM Civil Service Commission City Hall East Human Resources Training Room 5/25/2022 6:00 PM Denton Police Department Chief of Public Safety Training Center Police Advisory Board 719 E. Hickory Street Denton,Texas 76205 5/25/2022 6:30 PM Planning and Zoning Commission Council Work Session Room Council Chambers 5/27/2022 10:00 AM Development Code Review Committee Development Service Center 5/27/2022 1:00 PM Sustainability Framework Advisory Council Work Session Room Committee June 2022 6/2/2022 8:00 AM Agenda Committee City Hall Conference Room 6/2/2022 8:30 AM Economic Development Partnership Development Service Center Board Training Rooms 6/2/2022 4:00 PM Public Art Committee Civic Center Community Room 6/6/2022 6:00 PM Board of Ethics Council Work Session Room 6/6/2022 6:00 PM Parks, Recreation and Beautification Civic Center Community Room Board 6/7/2022 2:00 PM City Council Council Work Session Room Council Chambers City of Denton Page 2 Printed on 5/27/2022 720 Meeting Calendar continued.. Date Time Meeting Body Meeting Location 6/8/2022 11:00 AM Economic Development Partnership Development Service Center Board Training Rooms 6/8/2022 3:00 PM Airport Advisory Board Airport Terminal Meeting Room 6/8/2022 6:30 PM Planning and Zoning Commission Council Work Session Room Council Chambers 6/10/2022 10:00 AM Development Code Review Committee Council Work Session Room 6/10/2022 12:00 PM Community Services Advisory Development Service Center(401 Committee N. Elm Street, Denton, Texas) 6/13/2022 9:00 AM Public Utilities Board Council Work Session Room 6/13/2022 5:30 PM Historic Landmark Commission Development Service Center 6/13/2022 5:30 PM Library Board Meeting Room at the Emily Fowler Central Library, 502 Oakland St., Denton, Texas 6/15/2022 9:00 AM Mobility Committee Council Work Session Room 6/22/2022 1:00 PM Civil Service Commission City Hall East Human Resources Training Room 6/22/2022 6:30 PM Planning and Zoning Commission Council Work Session Room Council Chambers 6/24/2022 10:00 AM Development Code Review Committee Council Work Session Room 6/24/2022 1:00 PM Sustainability Framework Advisory Council Work Session Room Committee 6/24/2022 2:00 PM City Council Development Service Center 6/25/2022 9:00 AM City Council Development Service Center 6/27/2022 9:00 AM Public Utilities Board Council Work Session Room 6/27/2022 5:30 PM Zoning Board of Adjustment Council Work Session Room 6/28/2022 2:00 PM City Council Council Chambers Council Work Session Room July 2022 7/7/2022 8:00 AM Agenda Committee City Hall Conference Room 7/7/2022 8:30 AM Economic Development Partnership Development Service Center Board Training Rooms 7/7/2022 4:00 PM Public Art Committee Civic Center Community Room 7/8/2022 1:00 PM Committee on the Environment Sustainability Office 7/11/2022 9:00 AM Public Utilities Board Council Work Session Room 7/11/2022 5:30 PM Historic Landmark Commission Development Service Center City of Denton Page 3 Printed on 5/27/2022 721 Meeting Calendar continued.. Date Time Meeting Body Meeting Location 7/11/2022 6:00 PM Parks, Recreation and Beautification Civic Center Community Room Board 7/13/2022 10:00 AM Economic Development Partnership Development Service Center Board Training Rooms 7/13/2022 3:00 PM Airport Advisory Board Airport Terminal Meeting Room 7/13/2022 6:30 PM Planning and Zoning Commission Council Work Session Room Council Chambers 7/18/2022 5:30 PM Traffic Safety Commission Development Service Center 7/19/2022 2:00 PM City Council Council Work Session Room Council Chambers 7/20/2022 9:00 AM Mobility Committee Council Work Session Room 7/22/2022 1:00 PM Sustainability Framework Advisory Council Work Session Room Committee 7/25/2022 9:00 AM Public Utilities Board Council Work Session Room 7/26/2022 2:00 PM City Council Council Work Session Room Council Chambers 7/27/2022 11:30 AM Downtown Denton Tax Increment Development Service Center Financing Zone No. 1 Board Training Rooms City of Denton Page 4 Printed on 5/27/2022 722 Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 www.cityofdenton.com DENTON Meeting Agenda City Council Tuesday,June 7,2022 2:00 PM Council Work Session Room Council Chambers WORK SESSION BEGINS AT 2:00 P.M.IN THE COUNCIL WORK SESSION ROOM CLOSED MEETING BEGINS IMMEDIATELY FOLLOWING THE WORK SESSION IN THE COUNCIL WORK SESSION ROOM REGULAR MEETING BEGINS AT 6:30 P.M.IN THE COUNCIL CHAMBERS REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Public comments can be given for any item considered by the council, EXCEPT work session reports or closed meetings. Citizens are only able to comment one time per agenda item and cannot use more than one method to comment on a single agenda item. Comments are limited to 3 minutes per citizen. Citizens are limited to 4 minutes per public hearing item. Citizens are able to participate in one of the following ways: • eComment — On June 3, 2022, the agenda was posted online at https://tx-denton.civicplus.com/242/Public-Meetings-Agendas. Once the agenda is posted, a link to make virtual comments using the eComment module will be made available next to the meeting listing on the Upcoming Events Calendar. Within eComment, citizens may indicate support or opposition and submit a brief comment about a specific agenda item. Comments may be submitted up until the start of the meeting at which time the ability to make an eComment will be closed. Similar to when a citizen submits a white card to indicate their position on an item, the eComments will be sent directly to members of the City Council immediately upon entry into the module and recorded by the City Secretary. City Council Members review comments received in advance of the meeting and take that public input into consideration prior to voting on an agenda item. The Mayor will announce the number of Comment Cards submitted in support or opposition to an item during the public comment period. Comments will not be read during the meeting. The City Secretary will reflect the number of comments submitted in favor/opposition to an item, the registrant's name, address, and (summary of) comments within the Minutes of the Meeting, as applicable. OR Page 1 Printed on 512712022 723 City Council Meeting Agenda June 7, 2022 • By phone — Citizens wishing to speak over the phone during this Council meeting, may call (940) 349-7800 beginning 30 minutes prior to the meeting start time. Comments by phone will be accepted until the item is opened for discussion by the Council. When the call is initially received, a staff member will receive the caller's information and either: 1) offer to call the citizen back when it is time for them to speak, or 2) record the caller's information, support or opposition, and comment. If the caller chooses to record their support or opposition, rather than speaking during the meeting, the Mayor will announce the number of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the voice of each caller will be broadcast into the meeting during the public commenting time of their desired agenda item. Individuals will be able to comment once per agenda item,no matter the method. • At regular meetings only, citizens can speak on any topic that is not on the agenda (Open Microphone). Alert the call taker if you wish to speak under the Open Microphone category. If you would like to give a public report, see the information below. After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, June 7, 2022, at 2:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street,Denton,Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on any item listed on the Consent Agenda prior to its consideration. Each speaker will be given a total of three (3) minutes to address any item(s). Any person who wishes to address the City Council regarding these items may do so by utilizing the "By Phone" registration process as referenced under the REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL detailed at the beginning of this agenda. Registration is required prior to the time the City Council considers this item. Registrants may call in and remain on hold or receive a call back at the time the Work Session is called to Order and are encouraged to ensure they remain accessible to accept the call. 2. Requests for clarification of agenda items listed on this agenda. 3. Work Session Reports A. ID 22-701 Receive a report, hold a discussion, and give staff direction regarding Audit Project 018- Health Insurance Operations: Follow-Up Review. [Estimated Presentation/Discussion Time: 30 minutes] B. ID 22-801 Receive a report, hold a discussion, and give staff direction regarding the Board of Ethics recommended amendments to the Ethics Ordinance and Board of Ethics Rules of Procedure. [Estimated Presentation/Discussion Time: 60 minutes] C. ID 22-815 Receive a report, hold a discussion, and give staff direction regarding the role of City Council Committees, membership to subcommittees and other internal/external groups, and their associated nomination/appointment processes. [Estimated Presentation/Discussion Time: 45 minutes] D. ID 22-828 Receive a report, hold a discussion, and give staff direction regarding funding recommendations from the Community Services Advisory Committee (CSAC) for the proposed activities to be included in the 2022 Action Plan. Page 2 Printed on 512712022 724 City Council Meeting Agenda June 7, 2022 [Estimated Presentation/Discussion Time: 30 minutes] E. ID 22-419 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: [Estimated Presentation/Discussion Time: 30 minutes] Following the completion of the Work Session, the City Council will convene in a Closed Meeting in the Council Work Session Room to consider specific item(s) when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1. Closed Meeting: A. ID 22-832 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Receive a presentation from staff regarding public power competitive and financial matters about the risks of wholesale energy supply and risk management plans, hedge plans, and strategies as each relates to the DME electric power and gas portfolio; discuss, deliberate, and provide direction to staff regarding the same. Consultation with the City's attorneys regarding legal issues associated with the above matters where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. B. ID 22-1031 Consultation with Attorneys under Texas Government Code Section 551.071 and Deliberations Involving Medical or Psychiatric Records of Individuals under Texas Government Code Chapter 551.0785. Receive information from staff, discuss, and provide staff with direction related to a police officer's plan benefits related to an injury in the line of duty. Consultation with the City's attorney regarding legal issues associated with benefits where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas; to consider information in the medical or psychiatric records related to a police officer's injury in the line of duty. Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (the `Public Power Exception'). The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act,including,without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. Page 3 Printed on 512712022 725 City Council Meeting Agenda June 7,2022 NOTE: Any item for which a formal action at the Regular Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting, at the Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council. Following the Closed Meeting, the City Council will reconvene in Open Meeting to take action, if any, on matters discussed in closed session. AFTER DETERMINING THAT A QUORUM IS PRESENT, THE REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL WILL CONVENE AT 6:30 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, 215 E. MCKINNEY STREET, DENTON, TEXAS AT WHICH THE FOLLOWING ITEMS WILL BE CONSIDERED: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag—I pledge allegiance to thee,Texas,one state under God,one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. ID 22-1181 Proclamation: Denton LGBTQ Pride Month B. ID 22-1182 Proclamation: Juneteenth Day 3. PRESENTATIONS FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Reports from members of the public shall be received through the following two (2) methods. A total of up to seven (7) speakers are permitted to provide public comment and may include any combination of prior registration and open microphone speakers. 1) Pre-registration. This section of the agenda permits any person who has registered in advance to make a citizen report regarding a public business item he or she wishes to be considered by the City Council. Each speaker is allowed a maximum of four (4) minutes to present their report. At the conclusion of each report, the City Council may pose questions to the speaker or may engage in discussion. If the City Council believes that a speaker's report requires a more detailed review, the City Council will give the City Manager or City Staff direction to place the item on a future work session or regular meeting agenda and advise staff as to the background materials to be desired at such meeting. a. ID 22-1127 Ms. Debbie Sims regarding continual issues with water line breaks/leaks at her hair business,Debi Do&Company Salon, (1801 N. Elm Street). b. ID 22-1128 Ms. Kathy Woods regarding the financial impact of water main issues at Debi Do & Company Salon, (1801 N. Elm Street). C. ID 22-1143 Mr.Max Folmar regarding transportation services and Go Zone. Page 4 Printed on 512712022 726 City Council Meeting Agenda June 7,2022 2) Open Microphone. This section of the agenda permits any person who has not registered in advance for a citizen report to make comments about public business items not listed on the agenda. Such person(s) shall have registered using the "Virtual White Card" or `By Phone" process outlined by the City on its website or meeting notice. During open microphone reports under this section of the agenda, the Council may listen to citizens speak. However, because notice of the subject of the open microphone report has not been provided to the public in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal to place the item on a future agenda; a statement of factual information; or a recitation of existing policy. Council Members may not ask the open microphone speakers questions or discuss the items presented during open microphone reports. NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City Secretary 24 hours prior to the meeting. 4. CONSENT AGENDA Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A — AK). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent Agenda Items will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. ID 22-811 Consider approval of the minutes of May 17,2022(Canvassing and Regular)Meetings. B. ID 22-974 Consider nominations/appointments to the City's Boards, Commissions, and Committees: Airport Advisory Board, Animal Shelter Advisory Committee, Board of Ethics, Committee on Persons with Disabilities, Community Services Advisory Committee, Denton Police Department Chief of Police Advisory Board, Health & Building Standards Commission, Historic Landmark Commission, Internal Audit Advisory Committee, Library Board, Parks, Recreation & Beautification Board, Planning & Zoning Commission, Public Art Committee, Public Utilities Board, Sustainability Framework Advisory Committee,Traffic Safety Commission, and Zoning Board of Adjustment. C. ID 22-1133 Consider approval of a resolution of the City of Denton excusing the May 9, 2022 meeting absence of a Public Utilities Board member; and declaring an effective date. D. ID 22-694 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City of Denton and the Denton Affordable Housing Corporation to provide HOME Investment Partnership Program funds for the rehabilitation of five rental units located at 400 Coronado Drive, Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $100,000.00; and providing an effective date. E. ID 22-834 Consider adoption of an ordinance of the City Council of the City of Denton repealing Page 5 Printed on 512712022 727 City Council Meeting Agenda June 7,2022 Ordinance No. 21-765; approving the 2022 Denton Municipal Electric - Energy Risk Management Policy; (the "2022 EMRP"); delegating authority as provided in the 2022 ERMP; authorizing and approving the subsequent execution of such other ancillary and related documents, including, without limitation, contracts, nominations, certificates, assignments, licenses, directions, instruments, confirmations, orders, and statements as are authorized by the 2022 ERMP, which are incident to or related thereto; confirming that the City of Denton, its Mayor, its City Council members, its City Manager, its City Attorney, and its City Secretary are authorized to perform such acts and obligations as are reasonably required to consummate those future transactions which are provided for and authorized by the 2022 ERMP; finding that the purchase of electricity, natural gas, and related commodities and instruments are exempt from the requirements of competitive bidding; finding that the purchase of electric energy, natural gas and related commodities and instruments made by the city under the terms of the 2022 ERMP are in the public welfare of the citizens and electric ratepayers of the city; authorizing the expenditure of funds therefor; and, providing an effective date. The Public Utilities Board recommends approval [7-0]. F. ID 22-953 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an Interlocal Agreement between the City of Denton and Denton Independent School District (DISD) for the widening of Riney Road as an addendum to the Bonnie Brae Phase 6 Project,for which funds will provided for by DISD. G. ID 22-978 Consider adoption of an ordinance of the City of Denton approving a City co-sponsorship to the Denton Juneteenth Celebration Committee in an amount not to exceed $20,365.89 of in-kind services and resources for the Denton Juneteenth Celebration, which will be held on Friday, June 17, 2022 through Saturday, June 18, 2022,at the Fred Moore Park; and providing an effective date. H. ID 22-1081 Consider adoption of an ordinance of the City of Denton granting the Denton Juneteenth Celebration Committee a three-year noise exception for the Denton Juneteenth Celebration, to be held on June 17-19, 2022, June 16-18, 2023, and June 14-16, 2024 at Fred Moore Park; and providing an effective date. I. ID 22-1024 Consider approval of a resolution of the City of Denton authorizing the City Manager to execute an agreement allowing Denton County Brewing Company to sell alcoholic beverages at the Yappy Hour event, on Friday, June 10, 2022, and Friday, August 5, 2022, at North Lakes Dog Park upon satisfying certain conditions; and providing for an effective date. J. ID 22-1027 Consider adoption of an ordinance of the City of Denton approving a co-sponsorship to the Denton Noon Kiwanis Club in an amount not to exceed $24,095.00 of in-kind services and resources for the 4th of July fireworks show, which will be held on Sunday, July 3,2022,at North Lakes Park; and providing an effective date. K. ID 22-1030 Consider adoption of an ordinance of the City of Denton granting the Denton Noon Kiwanis Club a noise exception with respect to sound levels and hours of operation for the 4th of July Fireworks show to be held on Sunday, July 3, 2022, from 9:30 p.m. to 10 p.m. at North Lakes Park; and providing an effective date. Page 6 Printed on 512712022 728 City Council Meeting Agenda June 7,2022 L. ID 22-1028 Consider adoption of an ordinance of the City of Denton granting the North Texas State Fair Association a three year noise exception for the North Texas Fair and Rodeo which will be held August 18-28, 2022, August 17-27, 2023, and August 15-25, 2024, at 2217 N. Carroll Boulevard; and providing an effective date. M. ID 22-1029 Consider adoption of an ordinance of the City of Denton approving a City co-sponsorship to the North Texas State Fair Association in an amount not to exceed $8,502.80 of in-kind services and resources for the Annual North Texas Fair and Rodeo Parade which will be held on Saturday, August 20, 2022, at 10:00 a.m., at the Downtown Square;and providing an effective date. N. ID 22-1032 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute on behalf of the City the disc golf course rental agreement for disc golf tournaments and events in the parks; and providing an effective date. O. ID 22-1053 Consider approval of a resolution of the City of Denton authorizing the Original Denton District to provide a letter of support to the Texas Commission on the Arts for an application by the Denton Festival Foundation for the Arts Respond Project - Economic Development grant in the amount of $15,000 for musician salaries related to the 2023 Arts and Jazz Festival: and providing an effective date. P. ID 22-1054 Consider approval of a resolution of the City of Denton authorizing the Original Denton District to provide a letter of support to the Texas Commission on the Arts for an application by the Greater Denton Arts Council for the Arts Respond - Cultural District Project grant in the amount of $10,000 for the implementation of the "63 & 93: Generations in Conversation" art exhibition, an exhibition hosting works by artists thirty-years and younger alongside artists sixty-years and older; and providing an effective date. Q. ID 22-1055 Consider approval of a resolution of the City of Denton authorizing the Original Denton District to provide a letter of support to the Texas Commission on the Arts for an application by Tejas Storytelling Association for the Arts Respond - Cultural District Project grant in the amount of $7,000 for aid in 2023 Texas Storytelling Festival expenses; and providing an effective date. R. ID 22-1056 Consider approval of a resolution of the City of Denton authorizing the Original Denton District to provide a letter of support to the Texas Commission on the Arts for an application by Theatre Denton for the Arts Respond - Cultural District project grant in the amount of $5,000 for renovation of the neon campus theatre sign; and providing an effective date. S. ID 22-1082 Consider approval of a resolution of the City of Denton in support of the Original Denton District's application for the Arts Respond - Cultural District Project grant from the Texas Commission on the Arts in the amount of $12,000 for traffic utility box art program; authorizing the Original Denton District to execute a letter of support; and providing an effective date. T. ID 22-1161 Consider approval of a resolution of the City of Denton authorizing the City Manager to Page 7 Printed on 512712022 729 City Council Meeting Agenda June 7,2022 execute an agreement allowing Denton County Brewing Company to sell alcoholic beverages at the Glow in the Park event, on Saturday, June 18, 2022, at the North Lakes Disc Golf Course upon satisfying certain conditions; and providing for an effective date. U. ID 22-1163 Consider adoption of an ordinance of the City of Denton approving a City co-sponsorship in an amount not to exceed $2,545.70 of in-kind services and resources for the Glow in the Park event hosted by the Denton Parks Foundation, which will be held on Saturday, June 18, 2022, from 6:00 p.m. to 10:30 p.m., at the North Lakes Disc Golf Course,2201 N Bonnie Brae St; and providing an effective date. V. ID 22-1103 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of Change Order No. 5 to the contract between the City of Denton and Quality Excavation, LTD, for the construction of the McKinney Street sidewalk segment for the Downtown Storm Sewer Trunk Line PH I Project; providing for the expenditure of funds therefor; and providing an effective date (IFB 7086- Change Order No. 5, in the not-to-exceed amount of $65,757.40 for a total contract award aggregated to $1,289,375.65). The Public Utilities Board recommends approval(7 -0). W. ID 22-1104 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Biggs and Mathews Environmental, Inc., for the scale facility and roadway improvements at the City of Denton Landfill for the Solid Waste and Recycling Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7109-025 - Professional Services Agreement for design services awarded to Biggs and Mathews Environmental, Inc., in the not-to-exceed amount of $160,000.00). The Public Utilities Board recommends approval(7-0). X. ID 22-1105 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Allegro Development Corporation, for the Energy Trading and Risk Management Application for Denton Municipal Electric, which is the sole provider of this software, in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services that are available from one source are exempt from competitive bidding, and if over $50,000, shall be awarded by the governing body; providing for the expenditure of funds therefor; and providing an effective date (File 7916 - awarded to Allegro Development Corporation, in the eight (8) year not-to-exceed amount of $1,658,561.00). The Public Utilities Board recommends approval(7-0). Y. ID 22-1106 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a Professional Services Agreement between the City of Denton and Freese and Nichols, Inc., amending the contract approved by the City Manager on January 18, 2021, in the not-to-exceed amount of $96,963.00, said first amendment to provide collaborative project delivery consulting services for the Capital Improvement Projects division; providing for the expenditure of funds therefor; and providing an effective date (File 7620 - providing for an additional first amendment expenditure amount not-to-exceed $110,725.00 with the total contract amount not-to-exceed$207,688.00). Page 8 Printed on 512712022 730 City Council Meeting Agenda June 7,2022 Z. ID 22-1107 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Techline, Inc., for the purchase of roll duct, PVC conduit, fittings, and accessories for the Denton Municipal Electric Department to be stocked in the City of Denton Warehouse; providing for the expenditure of funds therefor; and providing an effective date (IFB 7973 - awarded to Techline, Inc., for one (1) year, with the option for four (4) additional one (1) year extensions,in the total five(5)year not-to-exceed amount of$10,000,000.00). AA. ID 22-1108 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a contract between the City of Denton and SHI Government Solutions, Inc., amending the contract approved by City Council on May 3, 2022, to add Technology Solutions Products & Services through The Interlocal Purchasing System (TIPS) Cooperative Program Contract # 200105; providing for the expenditure of funds therefor; and providing an effective date (File 7983 - providing for an amendment to the ordinance to add the TIPS Cooperative Program Contract#200105). AB. ID 22-1131 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Freese and Nichols, Inc., for the development of a Storm Water Master Plan assessment for the Drainage Department as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7599-006- Professional Services Agreement for assessment services awarded to Freese and Nichols, Inc., in the not-to-exceed amount of $500,000.00). The Public Utilities Board recommends approval(7-0). AC. ID 22-1145 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, for the approval of a pre-qualified list for utility relocation and construction services for various Capital Investment Projects within the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7968 - for a three (3)year term). AD. ID 22-1146 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive proposals under RFP 7982 for Voluntary Products, to include accident, critical illness with cancer, and hospital indemnity coverage; and providing an effective date(RFP 7982). AE. ID 22-1151 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Ray McCain Services, Inc., for repairs, replacement, maintenance, and installation of automatic gates and overhead doors for the Facilities Management Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7951 - awarded to Ray McCain Services, Inc., for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year in the not-to-exceed amount of $750,000.00). AF. ID 22-1154 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal Page 9 Printed on 512712022 731 City Council Meeting Agenda June 7,2022 corporation, authorizing the City Manager to execute a contract with 2L Construction, L.L.C., for the construction of the North Texas Boulevard Widening and Improvements at Apogee Stadium Project; providing for the expenditure of funds therefor; and providing an effective date (IFB 7966 - awarded to 2L Construction, L.L.C., in the not-to-exceed amount of$802,815.83). AG. ID 22-1160 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Artistic Painting Company, Inc., for interior and exterior painting services for the Facilities Management Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7952- awarded to Artistic Painting Company, Inc., for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of$600,000.00). All. ID 22-1197 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive proposals under RFP 7975 for the Channel Grinder Provision and Install for the Solid Waste Department; and providing an effective date(RFP 7975). Al. ID 22-1170 Consider adoption of an ordinance of the City of Denton ratifying and authorizing the City Manager, or her designee, to execute an Advance Funding Agreement with the Texas Department of Transportation for a project using funds held in the State Highway 121 subaccount-roadway improvements (off state system) providing for the extension of Mayhill Road as a four-lane divided urban arterial roadway from IH 35 East to US 380 in the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date. AJ. ID 22-1172 Consider adoption of an ordinance of the City of Denton ratifying and authorizing the City Manager, or her designee, to execute and deliver an Advance Funding Agreement with the Texas Department of Transportation for a project using funds held in the State Highway 121 subaccount providing for an expansion of Hickory Creek Road from a two-lane rural roadway to a four-lane divided urban roadway and intersection improvements on Hickory Creek Road from FM 1830 to Riverpass Drive in the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date. AK. ID 22-1141 Consider approval of a resolution of the City of Denton, Texas ("City") suspending Oncor electric delivery company LLC's proposed effective date of June 17, 2022, for ninety days in connection with Oncor's statement of intent to increase rates filed on or about May 13, 2022; requiring the reimbursement of municipal rate case expenses; authorizing participation in the coalition of similarly situated cities; authorizing intervention and participation in related rate proceedings; authorizing the retention of special counsel; finding that the meeting complies with the open meetings act; making other findings and provisions related to the subject;and declaring an effective date 5. PUBLIC HEARINGS A. ID 22-829 Hold a public hearing inviting citizens to comment on the 2022 Action Plan for Housing and Community Development. Page 10 Printed on 512712022 732 City Council Meeting Agenda June 7,2022 B. S22-0002b Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow for a Multifamily Dwelling Use on approximately 11.891 acres of land, generally located on the east side of Woodrow Lane, approximately 1,365 feet south of East McKinney Street, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted [4-3] to recommend denial the request. (S22-0002b, Pathway Woodrow Lane Multifamily,Julie Wyatt) C. Z21-0017b Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas regarding a request to rezone approximately 311.5 acres from Residential Rural (RR) District to Light Industrial (LI) District, generally located on the northeast corner of Hampton Road and Masch Branch Road in the City of Denton, Denton County, Texas; adopting an amendment to the City's Official Zoning Map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. The Planning and Zoning Commission voted [4-2] to recommend denial of the request. (Z21-0017b,RM Squared Denton Tract,Hayley Zagurski). 6. ITEMS FOR INDIVIDUAL CONSIDERATION—CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS A. ID 22-657 Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of a (i) permanent water line easement and a (ii) temporary construction easement, generally located along Loop 288 and US 77 between Interstate Highway 35E to Nicosia Street, situated in the Nathan Wade Survey Abstract No. 1407, in the City and County of Denton, Texas, and more particularly described in the attached Exhibit "A" (collectively, the "Property Interests"); authorizing the City Manager and City Attorney to acquire the Property Interests by agreement, if possible, including making all offers required by law; authorizing the use of the power of eminent domain to condemn the property interests if agreements cannot be reached; authorizing the City Attorney, or his designee, to file eminent domain proceedings if necessary; authorizing the expenditure of funding; making findings; providing a savings clause; and providing an effective date. B. ID 22-777 Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of various (i) permanent sanitary sewer easements and (ii) temporary construction easements, generally located between Interstate Highway 35E and Westgate Dr., situated in the Nathan Wade Survey Abstract No. 1407, F. Baston Survey Abstract No. 43, all in the City and County of Denton, Texas, and more particularly described in the attached Exhibit "A" (collectively, the "Property Interests"); authorizing the City Manager and City Attorney to acquire the Property Interests by agreement, if possible, including making all offers required by law; authorizing the use of the power of eminent domain to condemn the property interests if agreements cannot be reached; authorizing the City Attorney, or his designee, to file eminent domain proceedings if necessary; authorizing the expenditure of funding; making findings; Page 11 Printed on 512712022 733 City Council Meeting Agenda June 7, 2022 providing a savings clause; and providing an effective date. 7. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 22-859 Consider adoption of an ordinance of the City of Denton related to the Development and Consent Agreement with XYZ Development and Denton County Municipal Utility District No. XX establishing development standards and other related matters for the Denton County Municipal Utility District No.XX; and providing an effective date. B. ID 22-862 Consider approval of a resolution of the City of Denton stating no objection to a 4% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new development of the Pathways on Woodrow to provide affordable rental housing; authorizing the Texas Housing Foundation to exercise its powers within the territorial boundaries of the City of Denton; authorizing a cooperation agreement; and providing an effective date. C. ID 22-921 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $89,000,000 in principal amount of "City of Denton General Obligation Refunding and Improvement Bonds, Series 2022"; authorizing the issuance of the bonds; delegating the authority to certain City officials to execute certain documents relating to the sale of bonds; approving and authorizing instruments and procedures relating to said bonds; enacting other provisions relating to the subject; and providing an effective date. The Public Utilities Board recommends approval(7-0). D. ID 22-922 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $121,000,000 in principal amount of "City of Denton Certificates of Obligation, Series 2022" authorizing the issuance of the certificates; delegating the authority to certain city officials to execute certain documents relating to the sale of certificates; approving and authorizing instruments and procedures relating to said certificates; enacting other provisions relating to the subject; and providing an effective date. The Public Utilities Board recommends approval(7-0). E. ID 22-1110 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., to provide regulatory permitting/approval support, process evaluation, design services, bidding assistance, and construction phase services for the Pecan Creek Water Reclamation Plant (PCWRP) Headworks Project for the Water Utilities Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7574-013 - Professional Services Agreement for design services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $3,828,700.00). The Public Utilities Board recommends approval(7-0). F. ID 22-1173 Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and Texas Equal Access Fund; authorizing the City Manager to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed Seventeen Hundred Dollars ($1,700); and providing an effective date. G. ID 22-1149 Receive the certification from the City Secretary regarding the petition for the recall of Page 12 Printed on 512712022 734 City Council Meeting Agenda June 7, 2022 District 4 Council Member Alison Maguire. H. ID 22-1150 Receive the certification from the City Secretary regarding the petition for the Decriminalize Denton Initiative. 8. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics,above posted. CERTIFICATE I certify that the above notice of meeting was posted on the official website (https://tx-denton.civicplus.com/242/Public-Meetings-Agendas) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on June 3, 2022, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page 13 Printed on 512712022 735 Tentative Work Session Topics and Meeting Information Updated: May 27, 2022 Meeting Date Item Le istar ID Departments Involved Type Estimated Time A. Health Insurance Operations Audit 22-701 Internal Audit City Business 0:30 June 7,2022 B. Board of Ethics Amendments to Ethics Ordinance and Rules of Procedure 22-801 Internal Audit City Business 1:00 Work Session(@2:00 p.m.) C. Council Committees 22-815 City Secretary's Office City Business 0:45 Regular Meeting(@6:30 p.m.) D. CSAC Action Plan Recommendations 22-828 Community Services City Business 0:30 E.Two-Minute Pitch:Byrd 22-419 City Manager's Office Council Request 0:30 No other work session items may be added Closed Meeting Item(s): I TBD IlLegal lCity Business 1 0:30 Total Est.Time: 3:45 Other Major Items for Meeting:Public Hearing to receive Citizen Comment on the 2022 Action Plan for Housing and Community Development June 24,2022 City Council Retreat-Day 1 22-582 City Manager's Office City Business 3:00 City Council Retreat-Day 1(@2:00) June 25,2022 City Council Retreat-Day 2 22-583 City Manager's Office City Business 8:00 City Council Retreat-Day 2(Start Time TBD) A. FY 2022-23 CIP 22-246 Finance City Business 3:00 June 28,2022 B. Electric and Sustainability Budgets 21-2405 Finance City Business 2:00 Work Session(@2:00 p.m.) C. B&C 2022-2024 Appointment Process 22-820 City Secretary's Office City Business 0:30 Regular Meeting(@6:30 p.m.) D. Two-Minute Pitch: 22-420 City Manager's Office Council Request 0:30 Closed Meeting Item(s): TBD Legal City Business No other work session items may be added Total Est.Time: 6:00 Other Major Items for Meeting: July 5,2022 NO MEETING-Break A.Technology Services Phase 1 Audit 1 22-558 1 Internal Audit ICity Business 0:30 B.FY 2022-23 Utility Budgets(Solid Waste/Water/Wastewater/Drainage/Electric) 1 22-247 IFinance ICity Business 1 3:00 July 19,2022 C.Update from City DCTA Board Representative 21-2805 1 City Manager's Office ICity Business 0:30 Work Session(@2:00 p.m.) Special Called Meeting(@6:30 p.m.) D.Two-Minute Pitch: 1 22-682 ICity Manager's Office 1council Request 0:30 Closed Meeting Item(s): Legal(if any) ICity Business Total Est.Time: 4:30 Other Major Items for Meeting: A. Audit Project 028-Warehouse Operations 21-2810 Internal Audit City Business 0:30 B. Catalyst Fund 22-739 Finance City Business 1:00 C. Roadway Funding Strategies 22-741 Finance City Business 1:00 July 26,2022 D. Utilities Budget Follow-Up 22-742 Finance City Business 1:00 Work Session tang(@ :30 E. Two-Minute Pitch: 22-683 City Manager's Office Council Request 0:30 Special Called Meeting(@6:30 p.m.) Closed Meeting Item(s): TBD Legal(if any) City Business Total Est.Time: 4:00 Other Major Items for Meeting: A. Audit Project 027-Technology Services:Phase 2 21-2812 Internal Audit City Business 0:30 B. CERT/Volunteer Corp. 22-1083 Fire City Business 0:30 August 2,2022 C.Council Contingency Funds 22-1118 City Manager's Office City Business 0:30 Work Session(@2:00 p.m.) D.TWU Master Plan Regular Meeting(@6:30 p.m.) E. Two-Minute Pitch: 22-684 City Manager's Office Council Request 0:30 Closed Meeting Item(s): TBD Legal(if any) City Business Total Est.Time: 2:00 Other Major Items for Meeting: August 6,2022(Saturday) FY 2022-23 Proposed Budget,CIP,and Five-Year Financial Forecast 22-251 Finance City Business 8:00 Budget Workshop(@9:00 a.m.) Total Est.Time: 8:00 A. FY 2022-23 Annual Internal Audit Plan 21-2816 Internal Audit City Business 0:30 B. FY 2022-23 City Manager Proposed Budget,CIP Budget,Five-Year Forecast 22-750 Finance City Business 1:00 August 16,2022 Work Session(@2:00 p.m.) C. Two-Minute Pitch: 22-685 City Manager's Office Council Request 0:30 Regular Meeting(@6:30 p.m.) Closed Meeting Item(s): TBD Legal(if any) City Business Total Est.Time: 2:00 Other Major Items for Meeting: September 6,2022 NO MEETING-Labor Day A. Update from DCTA Board Representative 21-2806 City Manager's Office City Business 0:30 September 20,2022 B. Audit Project 029-Police Body-Worn Camera Usage 21-2813 Internal Audit City Business 0:30 Work Session(@2:00 p.m.) C. Two-Minute Pitch: 22-882 City Manager's Office Council Request 0:30 Special Called Meeting(@6:30 p.m.) Closed Meeting Item(s) I TBD IlLegal City Business 0:30 No other work session items may be added Total Est.Time: 2:00 Other Major Items for Meeting: A. Audit Projects:003-Procurement,012-Economic Dev.Retention&Expansion 21-2815 Internal Audit City Business 0:45 September 27,2022 and 013-Grants Mgmt. Work Session(@2:00 p.m.) B.Wastewater Master Plan Update TBD Water Administration City Business TBD Regular Meeting(@6:30 p.m.) C. Two-Minute Pitch: 22-883 City Manager's Office Council Request 0:30 Closed Meeting Item(s) TBD Legal City Business 0:30 Only 2 work sessions allowed Total Est.Time: 1:45 Other Major Items for Meeting: A.Quakertown Project and Womens Building Naming 22-1134 Parks&Recreation City Business 0:30 October 18,2022 Work Session(@2:00 p.m.) Special Called Meeting(@6:30 p.m.) C. Two-Minute Pitch: City Manager's Office Council Request 0:30 Closed Meeting Item(s): TBD Legal(if any) City Business Total Est.Time: 1:00 Other Major Items for Meeting: October 25,2022 Work Session(@2:00 p.m.) C. Two-Minute Pitch: City Manager's Office Council Request 0:30 Special Called Meeting(@6:30 p.m.) Closed Meeting Item(s): TBD Legal(if any) City Business Total Est.Time: 0:30 Other Major Items for Meeting: November 1,2022 Work Session(@2:00 p.m.) Regular Meeting(@6:30 p.m.) C. Two-Minute Pitch: City Manager's Office Council Request 0:30 Closed Meeting Item(s): TBD Legal(if any) City Business Total Est.Time: 0:30 Other Major Items for Meeting: *This is for planning purposes only.Dates are subject to change. 736 Meeting Date Item Legistar ID Departments Involved Type Estimated Time November 15,2022 Work Session(@2:00 p.m.) Special Called Meeting(@6:30 p.m.) C. Two-Minute Pitch: City Manager's Office Council Request 0:30 Closed Meeting Item(s): TBD Legal(if any) ICity Business Total Est.Time: 0:30 Other Major Items for Meeting: A.Denton County Transit Authority Update 21-2807 City Manager's Office City Business 0:30 December 6,2022 Work Session(@2:00 p.m.) C. Two-Minute Pitch: City Manager's Office Council Request 0:30 Special Called Meeting(@6:30 p.m.) Closed Meeting Item(s): TBD Legal(if any) City Business Total Est.Time: 1:00 Other Major Items for Meeting: December 13,2022 Work Session(@2:00 p.m.) Regular Meeting(@6:30 p.m.) C. Two-Minute Pitch: City Manager's Office Council Request 0:30 Closed Meeting Item(s): TBD Legal(if any) City Business Total Est.Time: 0:30 Other Major Items for Meeting: Item Legistar ID Departments Type Estimated Work Session Date Sanger ETJ Boundary Adjustment 21-2653 Development Services City Business Date/:45 Work Session Dates to be Determined Denton Energy Center Alternate Fuel Study TBD DME City Business TBD Estimated Work Item Dates Departments Type Session Date Council Priorities and Significant Work Plan Items American Rescue Plan Act of 2021&2nd Year ARP Funds 22-266 Finance Council Priority 1:00 to be Scheduled Item Date Approved Department Estimated Hours to Requestor Complete Approved Council Request Work Sessions to be Traffic Feedback Signs(Report only;no work session) Feb.1,2022 Traffic Engineering Hudspeth Scheduled Donation of Fire Equipment to and Entryway Signs for City of Muzquiz May 3,2022 Fire,Public Works Meltzer Commemoration of former Residents of Quakertown Apr.19,2022 Parks Byrd *This is for planning purposes only.Dates are subject to change. 737 1 Street Closure Report: Upcoming Closures smartsheet SCR May 30th - June 5th Street/Intersectio Closure 75escription Department Department Contact Date 1 Atlas Hercules Ln Juno Ln 06/06/22 07/15/22 Replacing gas service lines,open trench,from new main.Road Atmos Public Works Ryan Dromgoole will be closed from 8am4pm Monday through Friday. Inspections 2 Bernard St. Hickory St. Chestnut St. 07/06/23 08/16/23 Water Distribution will be replacing the water main line and Water Tiffany Sherrane services. 3 Bryan Street Scripture 228 Bryan Street 06/06/22 06/07/22 Closing Bryan Street June 6 and 7 from 7:00 AM to 4:30 PM to Public Works Inspections Stephany Trammell remove tower crane from jobsite. 4 Hill Alley Jackson Martin 06/06/22 08/26/22 Utility replacement and roadway reconstruction Engineering Seth Garcia 5 Jackson Morse Hill Alley 06/06/22 08/26/22 Utility replacement and roadway reconstruction Engineering Seth Garcia 6 Morse Lakey Jackson 06/06/22 08/26/22 Utility replacement and roadway reconstruction Engineering Seth Garcia 7 St James Wheeler Ridge Thoroughbred 06/06/22 07/08/22 Concrete Panel and Sidewalk Repair Streets Roy San Miguel 8 Windsor Drive Fireside Lane Bonnie Brae 06/06/22 08/26/22 Utility installations and pavement replacement. Engineering Scott Fettig Exported on May 27,2022 1:17:24 PM CDT 738 Page 1 of 1 2 Street Closure Report: Current Closures smartsheet I Closure Start Closure End I Street/Intersection From To Date Date Description Department Department Contact 1 Allred Rd. JM Prosperity Farm Rustic Barn Bonnie Brae St. 09/27/21 07/31/22 Storm Installation,Cutting Private Development Public Jeremiah Tillman-David Venue Grade on Allred Works Inspections 77 2 Bell Ave Administration Dr Mingo 05/16/22 07/15/22 1 6 in.Asphalt Mill and Overlay/ Streets I Roy San Miguel will be split in 3 Sections Bonnie Brae Scripture 1-35 01/01/20 06/30/22 Installation of water Engineering Streets Water Robin Davis 3 transmission line and restoration of asphalt 4 Box Wood Smoke Tree Cut V Sac 05/23/22 06/17/22 Concrete Panel Repair Streets Roy San Miguel 5 Bradshaw St.N Hickory St.E McKinney St.E 03/21/22 07/31/22 Utility installations and Engineering Scott Fettig pavement replacement. 6 Chestnut St. Welch St.S Bernard St. 10/18/21 05/31/22 Utility installations and Engineering Scott Fettig pavement replacement. Clover Ln Robinwood Ln Glenwood Ln 05/23/22 09/19/22 Wastewater Collections will be Wastewater Tiffany.sherrane@cityofdenton. 7 installing a new sewer main line com and services. College Park Dr Peach St Fowler Dr 04/18/22 07/20/22 Water Distribution will be Water Tiffany Sherrane 8 installing a new water naim line and services. 9 Crawford St N Hickory St E McKinney St E 03/21/22 07/31/22 Utility installations and Engineering Scott Fettig pavement replacement. Fowler Dr College Park Or Peach St 04/18/22 07/20/22 Water Distribution will be Water Tiffany SHerrane 10 installing a new water main line and services 11 Foxcroft Circle Archer Trail Northcrest Rd 04/25/22 06/03/22 Street reconstruction Engineering Dustin Draper 12 Foxcroft Circle Old North Emerson 02/11/22 06/17/22 Street reconstruction Engineering Dustin Draper 13 Fry Street Oak St Scripture 05/02/22 05/30/22 Drive Approaches/Sidewalk/ Private Development Public Gabrielle Milam Water and Sanitary Sewer Works Inspections 14 Green Ivy Robinson Rd English Manor 05/23/22 06/17/22 Concrete Panel and Sidewalk Streets Roy San Miguel Repair 15 Hattie St. Paisley St. McKinney St.E 03/21/22 07/31/22 Utility installations and Engineering Scott Fettig pavement replacement. 16 Hickory St.E Exposition St. Ruddell St. 05/02/22 08/31/22 Utility installations and Engineering Scott Fettig pavement replacement. 17 Hillcrest St Scripture Panhandle 04/29/22 06/30/22 Street reconstruction Engineering Dustin Draper Jim Chrystal Western Blvd. Masch Branch 04/18/22 08/31/22 Exeter PH2.Installing Public Private Development Public Jeremiah Tillman-David 18 Water,Sewer,and Storm Works Inspections Utilities Live Oak St Robinwood Ln Crestwood PI 05/23/22 09/19/22 Wastewater collections will be Wastewater Tiffany Sherrane 19 installing a new sewer main line and services. 20 Long Rd. Sherman Dr.E(428) Holy Springs Rd 05/16/22 06/03/22 1 Concrete Panel Repair Streets Roy San Miguel 21 McKinney St E Crawford Rd Audra Ln 05/19/22 09/30/22 Utility installations and Engineering Scott Fettig pavement replacement. Mistywood Ln Sherwood St Robinwood Ln 05/23/22 09/19/22 Wastewater Collections will be Wastewater Tiffany Sherrane 22 installing a new sewer main line and services. 23 Mockingbird Ln Mingo Rd Stockton St 05/04/22 06/01/22 Sewer manhole installation and Public Works Inspections Armando Beltran 2 water taps. North Texas Blvd. Eagle Dr. Oak St. 12/13/21 09/01/22 Utility installations and Engineering Scott Fettig pavement replacement.There 24 will be multiple phases of closures.Will not be all at one time. 25 Oak St Fulton St Fry St 05/30/22 06/13/22 Utility work in roadway Public Works Inspections Gabrielle Milam Exported on May 27,2022 1:18:32 PM CDT 739 Page 1 of 2 Intersectionate • • ,Closure , • • Description DepartmentDepartment 26 Oak St.E Crawford St.N Wood St.N 04/04/22 08/31/22 Utility installations and Engineering Scott Fettig pavement replacement. 27 Parkside Dr. Windsor Dr. Bowling Green ST. 05/31/22 06/10/22 Utility installations and Engineering Scott Fettig pavement replacement. Peach St Locust St Palmer Dr 04/18/22 07/20/22 Water Distribution will be Water Tiffany Sherrane 28 installing a new water main line and services. Robinwood Ln Kayewwod Dr Emerson Ln 05/23/22 09/19/22 Wastewater Collections will be Wastewater Tiffany Sherrane 29 installing a new sewer main line and services. 30 Rose St. Paisley St. Uland St. 04/25/22 08/31/22 Pavement Replacement Engineering Scott Fettig 31 Shagbark Vintage Buckthorn 05/31/22 06/17/22 Concrete Panel Replacement Engineering Seth Garcia 32 Stella St. North Texas Blvd Bonnie Brae 10/29/21 06/15/22 Utility installations and Engineering Scott Fettig pavement replacement. 33 Sycamore St Bernard Carroll Blvd 05/17/22 07/29/22 Street Reconstruction Engineering Dustin Draper 34 Uland St. Rose St, Railroad Ave. 04/25/22 08/31/22 Utility installations and Engineering Scott Fettig pavement replacement. 35 Wood St.N McKinney St.E Hickory St.E 04/11/22 06/30/22 Utility installations and Engineering Scott Fettig pavement replacement. Exported on May 27,2022 1:18:32 PM CDT 740 Page 2 of 2 3 Street Closure Report: Completed Closures smartsheet Intersection • • ClosureDat- Closure_ • Description Department Department 1 Bonnie Brae intersection of Oak St. 05/10/22 05/14/22 Southbound lanes only Engineering Streets Water Robin Davis 2 Depaul Drexel Miramar Dr. 03/28/22 05/12/22 Concrete Panel and Sidewalk Streets Roy San Miguel Repair 3 Foxcroft Circle Emerson Archer Trail 01/21/22 05/20/22 Street reconstruction Engineering Dustin Draper 4 Foxcroft Circle Northcrest Rd Old North 02/23/22 05/20/22 Street reconstruction Engineering Dustin Draper Hickory Street Eastbound Bonnie Brae Bonnie Brae 05/16/22 05/27/22 Southbound lanes on Bonnie Engineering Streets Traffic Robin Davis from Oak Street Split Brae at Hickory will be closed Water for pavement replacement. 5 Traffic on Bonnie Brae will not be affected. Through traffic will be closed at Hickory Street from the Split on Oak Street. 6 Mayhill Rd. 1-35 Service road Colorado Blvd. 04/25/22 05/12/22 Concrete Panel repair Streets Rogelio San Miguel 7 Northwood Terrace Greenwood Dr. Cherrywood Ln 03/07/22 05/20/22 Street reconstruction Engineering Dustin Draper Oak St.E Bradshaw St.S Wood St.N 04/01/22 05/06/22 Wastewater Collections will be Wastewater Tiffany Sherrane 8 installing a new wastewater main line and services. Oak Street Bonnie Brae Bonnie Brae 05/10/22 05/14/22 Southbound lanes on Bonnie Engineering Streets Water Robin Davis Brae at Oak will be closed for 9I pavement replacement.Traffic on Bonnie Brae won't be affected.Through traffic will be closed on Oak. Old Bonnie Brae St. Bonnie Brae St./Roselawn Dr. Bonnie Brae St/Vintage 04/25/22 04/29/22 Road Closure will last Engineering Wastewater Tracy L.Beck,PE,PMP approximately 2-3 days to install 10 Sanitary Sewer Line under Old Bonne Brae Road. Weather may impact timing of closure. . 11 Sweet Cloud Winding Stream Clear River 04/18/22 05/12/22 Concrete Street Panel and Streets Roy San Miguel Sidewalk Repair 12 Wolftrap Dr. Stuart Rd. Olympia Dr. 04/04/22 05/27/22 Laying RCP across the street to Private Development Tucker Eller connect to existing storm drain. Exported on May 27,2022 1:18:41 PM CDT 741 Page 1 of 1