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HomeMy WebLinkAboutResolutions R95-001 to R95-083 E \WPDOCS\RES\GRAWT DOT RESOLUTION NO jP9S-040/ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Secretary of Transportation is authorized to awardigrants for a mass transportation program of projects and budget, WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, such as the City of Denton, including the provision by it of the local share of the project costslin the program, WHEREAS, the U.S Department of Transportation requires, in accordance with the provisions of Title VI of the Civil Rights Act of 19$4, as amended, that the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the Department of Transportation requirements thereunder, and WHEREAS, it is the goal of the applicant that minority business enterprises be utilized to the fullest extent possible in connection with this project, and that definite procedures shall be established and administered to ensure that minority businesses shall have maximum construction contracts, supplies, equipment contracts, or consultant and other services, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES CTI N I That the City Manager is authorized to execute an agree ent on behalf of the City of Denton, Texas, with the U S Depar ment of Transportation to aid in the financing of planning, capit 1 and operating assistance projects pursuant to Section 9 of the U ban Mass Transportation Act of 1964, as amended i SECTION I That the City Manager is authorized to execute and f .le an assurance or any other document required by the U S Depar ment of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964 C ION II That the City Manager or his designee is autho ized to furnish such additional information as the U S Depar ment of Transportation may require in connection with the program of projects and budget 3ECTION 2 That the City Manager is authorized to set forth and execute affirmative minority business policies in connection with the program of projects and budgets procurement needs for trans ortation SECTION V That the City Manager is authorized to execute grant agreements on behalf of the City of Denton, Texas with the U S Department of Transportation for aid in the financing of the planning, capital and operating assistance program of projects and budget gECTION VI. That this resolution shall become effective immediately upon its passage and appr al PASSED AND APPROVED this the3 day of 1995 A BO CASTLEBERRY, OR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP OVED AS TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY BY Ala 616 Xe 1i PAGE 2 B \GTERECOR R RESOLUTION NO %f' -Wd, A RESOLUTION GIVING GENERAL TELEPHONE OF THE SOUTHWEST, SIXTY DAYS NOTICE AS REQUIRED BY SECTION XV OF THE FRANCHISE AGREEMENT TO PRODUCE RECORDS PREVIOUSLY REQUESTED OF GTE BY RESOLUTION NO R94- 071 AND BY THE CITY MANAGER IN HIS LETTER OF FEBRUARY 10, 1994 PURSUANT TO SECTION XVII OF THE FRANCHISE RELATING TO THE INSPEC- TION OF RECORDS NECESSARY TO AUDIT GTE'S FRANCHISE FEE PAYMENTS TO THE CITY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton granted a franchise to General Telephone of the Southwest (GTE) pursuant to the City Charter on the 4th day of October, 1983, and such franchise agreement provided it was subject to all of the provisions of the Charter, and WHEREAS, the City retained the auditing firm of Reed-Stowe & Cc , Inc , to audit GTE's records relating to its revenues within the City of Denton from the beginning of the present franchise agreement (1983) through 1992 to determine if the appropriate franchise fees have been paid by GTE, and WHEREAS, the City Manager on February 10, 1994, requested from GTE certain records pursuant to Section XVII of the franchise agreement needed by Reed-Stowe to determine in accordance with auditing principles what GTE's gross receipts were in the City of Denton for the period from 1983 through 1992, and WHEREAS, GTE did not fully comply with the records request and on November 4, 1994, the City Manager requested again the needed records, and on November 22, 1994, pursuant to Resolution No R94- 071, the City again requested the needed records, and WHEREAS, the City finds that GTE has not complied with the requests for records of November 4 and 22 and is in default under the franchise agreement, and WHEREAS, in addition to the franchise agreement, the City's Charter requires a holder of a franchise to allow the City to examine at any time its accounts and records, and WHEREAS, the failure of GTE to pay franchise fees owed requires taxpayers of the City to pay higher taxes to fund budgetary items which should be paid by franchise fees properly collected, and WHEREAS, the public interest does not allow the City to subsidize a public utility in the payment of fees for the use of public rights-of-way and thereby provide a gift to such utility's stockholders or to companies contracting with such utility and not paying for the use of City rights-of-way, and WHEREAS, Section XV of the franchise agreement with GTE provides that if GTE is found to be in default of such agreement it shall be supplied notice of the default and given a period of sixty (60) days to cure same, and WHEREAS, City has a fiduciary duty to its citizens to enforce the laws of this land (which includes the city's charter) and the franchise agreement to protect the public interest, and WHEREAS, the City cannot allow any business or individual within its corporate limits to operate above the law, NOW, THERE- FORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION-1 That the City Council hereby adopts the findings listed above SECTION II That General Telephone of the Southwest is hereby given sixty (60) days from the receipt of this resolution to produce the records requested by the City Manager in his letter of February 10, 1994, in their entirety SECTION II That this resolution shall be effective immedi- ately upon its passage and approval ACTION IV That the City Secretary is hereby directed to forward a copy of this resolution by certified mail, return receipt requested, to Melvin Willis, District Manager of GTE Telephone Operations, P O Box 520, p=nton, Te as 76202 Effective this the ~►+1/_/ day of 1995 B CASTLEBERRY, MAY R ATTEST- JENNIFER WALTERS, CITY SECRETARY BY A OVED S TO LEGAL FORM MICHAEL A BBUCEK, ACTING CITY ATTORNEY BY PAGE 2 E \WPD0C8\RES\X4BULANC CTY RESOLUTION NO A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council of the City of Denton hereby approves an interlocal agreement between the City of Denton and Denton County for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City SECTION II That this resolution shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the3!~_ day of 1995 A BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY A OVED AS TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY BY THE STATE OF TEXAS ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT is made and entered into this 3 day of 199 by and between DENTON COUNTY, a political subdivision o the State of Texas, hereinafter referred to as "County" and the "CITY OF DENTON", a municipality located in Denton County, Texas, hereinafter referred to as "City " WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County, and WHEREAS, City is a municipality engaged in the provision of ambulance service and related services for the benefit of the citizens of Denton County, and WHEREAS, City is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirm, or injured and has in its employ such trained personnel whose duties are related to the use of such vehicles and equipment, and WHEREAS, County desires to obtain emergency medical services rendered by City, as more fully hereinafter described for the benefit of the residents of Denton County, Texas, and WHEREAS, the provision of emergency medical services is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties, and WHEREAS, County and City mutually desire to be subject to the provisions of V T C A Government Code, Chapter 791, the Interlocal Cooperation Act, V T C A Health and Safety 1 ORIGINAL Code, Section 774.003 and other applicable statutes and contracts pursuant thereto, NOW, THEREFORE, County and City for the mutual consideration hereinafter stated, agree as follows I The effective date of this agreement shall be the 1st day of October, 1994 II The term of this agreement shall be for the period of October 1, 1994 to and through September 30, 1995. Each party may terminate this agreement by giving the other party written notice of intent to terminate sixty (60) days after receipt of such notice III As used herein, the words and phrases hereinafter set forth shall have the meanings as follows A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essenual to the health or life of a person or persons Whether the aforementioned circumstances in fact exist is solely up to the discretion of the City For dispatch purposes only, "emergency" shall include, but not be limited to 1 The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to a place of treatment) and emergency medical treatment is thereafter administered, and 2 The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to the closest 2 medical facility, B "Rural area" means any area within the boundaries of Denton County, Texas, and without the corporate limits of all incorporated cities, towns and villages within said County C "Urban area" means any area within said County, within the corporate limits of an incorporated city, town or village D "Emergency ambulance call" means a response to a request for ambulance service by the personnel of City in a situation involving an emergency (as such word is heremabove defined) through the instrumentality of an ambulance vehicle Within the meaning hereof, a single call might involve the transportation of more than one person at a time IV A Services to be rendered hereunder by City are ambulance services normally rendered by City under circumstances of emergency as heremabove defined to citizens of County B THE DENTON Ambulance Department shall respond to the requests for ambulance services made within designated area 2 of County, as set out in exhibit "A", attached hereto and incorporated by reference C. It is recognized that the officers and employees of City have duties and responsibilities which include the rendering of ambulance services and it shall be the responsibility and within the sole discretion of the officers and employees of City to determine priorities in the dispatching and use of such equipment and personnel and the judgment of any such officer or employee as to any such matter shall be the final determination V The County shall designate the County Judge to act on behalf of County and to serve as 3 "Liaison Officer" between County and City The County Judge or his designated substitute shall insure the performance of all duties and obligations of County herein stated, devote sufficient time and attention to the execution of said duties on behalf of County in full compliance with the terms and conditions of this agreement and provide supervision of County's employees, agents, contractors, sub-contractors and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of County and City VI City shall ensure the performance of all duties and obligations of City as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of City in full compliance with the terms and conditions of this agreement and shall provide immediate and direct supervision of the City employees, agents, contractors, sub-contractors and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of City and County VII For the services heremabove stated, County agrees to pay Provider a fee of $259,587 00 based on a funding formula as follows First, the readiness sum is 816 per capita based on population, for a maximum of $80,401,00 Second, a sum of $345 00 per ambulance run will be paid, for a maximum of $54,165 00 This sum is based upon the number of runs made by Provider in fiscal year 1993 Third, a fixed sum will be paid based on size of covered rural area, for a maximum of $125,02100 Payments will be paid quarterly, commencing on October 1, 1994 The remaining payments shall be made respectively on or before January 1, 1995, April 1, 1995, and July 1, 1995 The population and mileage figures used were obtained from 4 North Central Texas Council of Governments An ambulance call is defined as the actual treatment and transport of a patient to a medical facility If the patient is not transported, there would be no ambulance call according to this agreement The Provider transporting the patient shall receive payment regardless of the service delivery area in which the call originated The Provider shall submit all requests for payment using a standardized ambulance transportation reporting form approved and provided by the County The form shall be submitted within five (5) days of performance by the Provider Reporting forms shall be completed in full and contain accurate patient information Forms may be submitted by personal delivery, U S mail, facsimile, or computer link Completed forms shall be submitted to the office of the Denton County Fire Marshall VIII County agrees to and accepts full responsibility for the acts, negligence and/or omissions of all County's officers, employees and agents IX City agrees to and accepts full responsibility for the acts, negligence and/or omissions of all City's officers, employees and agents X In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this agreement terminated Unless the default is cured as aforesaid, this agreement shall terminate as if that were the day originally fixed herein for the expiration of the agreement 5 XI This agreement may be terminated at any time by either party giving sixty (60) days advance notice to the other party In the event of such termination by either party, City shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement In the event of such termination, should City be overcompensated on a pro rate basis for all services performed to termination date and/or be overcompensated reimbursable expenses as authorized by this agreement, then County shall be reimbursed pro rata for all such overcompensation Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise anse out of this agreement XII The fact that County and City accept certain responsibilities relating to the rendering of ambulance services under this agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent possible under the law Neither City nor County waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims ansmg from the exercise of governmental powers and functions XIII This agreement represents the entire and integrated agreement between City and County and supersedes all prior negotiations, representations and/or agreements, either written or oral This agreement may be amended only by written instrument signed by both parties 6 XIV This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas XV In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible XVI The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extended said authority have been duly passed and are now in full force and effect 7 EXECUTED in duplicate originals, this thefVday of 199$ COUNTY CITY DENTON' COUNTY, TEXAS CITY OF DENTON 110 WEST HICKORY 215 EAST MCKINNEY DENTON~ TEXAS 76201 DENTON, TEXAS 76201 By By ee4n ley Title ounty Judge Acting on'behalf of and by Acting on behalf of and by the authority of DENTON COUNTY the authority of the City of Commissioners Court of am1n1^nnnDENTON, TEXAS ,oo•A~ nF I,"% Denton County, Texas ATT~EST~ ~p Jsy ATTEST B Timm `Hodges City retary Denton County Clerk APPROVED AS TO FORM APP OV`E~'DA~S TO CONTENT Fire Chief Assistant District Attorney APPROVED AS TO CONTENT n unty Fire Marshall 8 „V„ SIffIHX~ k Yrr r{{ r ~trt w l g O L7 R )1 • Y 1) yr 5 r ~C`. vf' a,` fi r d T~al C ' 1• is_bii lr."~. ~~.'i~ it}r l~k~~: .p ~ _A V~ rr .J 17 - ~ ~tn~tl r~~.y ` ' v JO f,l~'~l~h~i ~.ti~ r rol~ hY"i~"C^ { f. ~V C J~~{I,L { p II1rV5` 4 „RR O rf ~ ~ d f^-/~ f ~ ti CD r "r = , • yl ~L 2 E \WPD0CS\RES\S0L0M0NS R RESOLUTION NO Q/ A RESOLUTION REQUESTING REPRESENTATIVE-ELECT BURT SOLOMONS TO SEEK AN ATTORNEY GENERAL'S OPINION REGARDING THE CONSTITUTIONALITY OF THE STATE STATUTE ALLOWING CHARITABLE SOLICITATIONS IN ROADWAYS (ARTICLE 6701d, §81(c) V A C S AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 25-5 of the Denton City Code prohibits volun- teers of charitable organizations from soliciting contributions of any kind from the occupants of vehicles upon city streets, and WHEREAS, volunteers for certain charitable organizations (e g Muscular Dystrophy) have requested the City Council to amend Sec- tion 25-5 to allow soliciting of charitable contributions pursuant to the authority of Article 6701d, Sec 81(c) V A C S , and WHEREAS, Article 6701d, Sec 81(c) was adopted by the state legislature in 1989, and provides, in part, that a person may stand in a roadway to solicit charitable contributions if authorized to do so by the local authority having jurisdiction over the roadway, and WHEREAS, the City of Denton has prohibited solicitation in public streets since 1988, both to protect the solicitor and person solicited from injury, and to comply with the reasoning of the U S Supreme Court opinion in Southeastern Promotions Ltd v Conrad, 95 S Ct 1239 (1975), which provides if you allow one class of citizens the right to exercise its freedom of speech and press rights under the First Amendment to the U S Constitution through the use of a public facility, you must allow all citizens the right to exercise such rights in such public facility, and WHEREAS, the City does not desire to amend Section 25-5 to allow charitable solicitations unless it can lawfully limit all solicitations in the roadway to only charitable organizations, and WHEREAS, the City is desirous of seeking the opinion of the Texas Attorney General's office as to the constitutionality of Article 6701d, Section 81(c), and recognizes the fact that only certain state officials may request such opinions, and WHEREAS, Representative-Elect Burt Solomons has indicated a willingness to request an Attorney General's opinion on whether or not solicitation of contributions in streets can be limited to only charitable organizations, if such is the desire of the City of Denton, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City hereby seeks an Attorney General's opinion regarding the constitutionality of Article 6701d, Section 81(c), which appears on its face to allow solicitation of chari- table contributions upon City streets, but excludes other citizens who also have freedom of speech and press rights from soliciting upon city streets SECTION II That the City Attorney is hereby directed to request Representative-Elect Burt Solomons to seek such opinion on the City's behalf Should Representative Solomons be prohibited for any reason from seeking such opinion, the City Attorney is directed to request such opinion from any state official having the authority to request Attorney General Opinions, and who is willing to pursue such opinion on behalf of the City of Denton SECTION III That this resolution shall be effective immed- iately upon its passage and approval PASSED AND APPROVED this the ah, day of 1995 BOB CASTLEBERRY, O ATTEST' JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY BY C PAGE 2 E \WPDOCS\RES\AMBULAWC SER RESOLUTION NO dr__~ A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Shady Shores for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City SECTION II That this resolution shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the Z a of 199.:f- BOB CASTLEBERRY, MAYO ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY E \WPDOCS\K\SHADYSH K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF BRADY SHORES Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Shady Shores would like to contract with the city of Denton to receive emergency 774 of the services medical CODE a(Ver (Vernon 1992) t and ather Interlocal TEX. HEALTHAND for Cooperation Act, TEX. GOVT CODE ANN. §791.001, et sea., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. A_areement This Agreement is made on the day of 199, between the City of Denton, Texas (Denton , and T ity Of Shady Shores (Shady Shores). The parties agree as follows: 1. Definitions. Emeraencv Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Shady Shores. Denton shall provide emergency medical services to Shady Shores in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Shady Shores shall be com- municated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.B. Shady Shores understands that Denton must also respond to requests for eir3rgency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Shady Shores, to determine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether when personnel or equipment are available to service; respond to a request for emergency medical (c) The order is which to respond to a request for emergen- cy medical service; and (d) The time in which to respond to a request for emergency medical service. 4. service Fee. In consideration for providing emergency medi- cal services to Shady Shores, Shady Shores agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Shady Shores by Four Dollars and Fifty Cents (population x $4.50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Shady Shores during any period of time Shady Shores is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Shady Shores, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not Waived Neither Denton or Shady Shores waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1994 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. S. Terairations Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days ad- vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Shady Shores shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Shady Shores: City Manager Mayor City of Denton City of Shady Shores 215 E. McKinney P. O. Box 362 Denton, Texas 76201 Shady Shores, Texas 75065 PAGE 2 io. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written con nt of the other. EXECUTED on the day of , 199 CITY OF DENTON, TEXAS BY: BOB CASTLEBERRY, YO ATTEST: JENNIFER WALTERS, CITY SECRETARY BY AP VEDA TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY , BY CITY OF SHADY SHORES BY* "MAYOR ATTEST: BY. SECRETARY PAGE 3 B \AMBULMC SER RESOLUTION NO A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I, That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Ponder for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City SECTION II That this resolution shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the day of 199 BO CASTLEBERRY, MAYO ATTEST JENNIFER WALTERS, CITY SECRETARY BY U~ /jm~~ AP OVED AS TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY Q BY z6"~ E \WPDDCS\K\PDNDER K ~ tss AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Ponder would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. 9791.001, et sea., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. Agreement n his Agreement is made on the 15 day of~ 199,6 , between the City of Denton, Texas (Denton , and a City of Ponder (Ponder). The parties agree as follows: 1. Definitions. Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide ENS to Ponder. Denton shall provide emergency medical services to Ponder in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Ponder shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Ponder understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Ponder, to determine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Pee. In consideration for providing emergency medi- cal services to Ponder, Ponder agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Ponder by Four Dollars and Fifty Cents (population x $4.50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Ponder during any period of time Ponder is delinquent in the payment of any undisput- ed service fee. 5. Patient charges. In addition to the service fee paid by Ponder, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Ponder waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1994 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. S. Terminations Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days ad- vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Ponder shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Ponder: City Manager Mayor City of Denton City of Ponder 215 E. McKinney P. 0. Box 297 Denton, Texas 76201 Ponder, Texas 76259 PAGE 2 lo. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement itten consent of the other. except upon the prior w EXECUTED on the _ day of 199 C CITY OF DENTON, TEXAS BY: BOB CASTLEBERRY, MAY ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AP VED TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: CITY OF PONDER ;r BY: Z YOR TOW OF PONDE WAYN FUTCH ATTEST: BY: k4,vC6t/ & Twll-~ SECRETARY , TOWN OF PONDER PATRICIA WEBSTER PAGE 3 H \AMeULMC EER RESOLUTION NO 14e YtEz%2~ A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF HICKORY CREEK FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Hickory Creek for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City SECTION II. That this resolution shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the day of 199.5- BOB BERRY, MAY R CASTLE ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM MICHA'EyL~jA BUCEK, ACTING CITY ATTORNEY BY ~'u V C~ ~Ltc K b \amlwlance k AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF HICKORY CREEK Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Hickory Creek would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. 5791.001, et sea., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. Agreement his Agreement is made on the ~v day of (1~-. 199-T, between the City of Denton, Texas (Denton), and The City of Hickory Creek (Hickory Creek). The parties agree as follows: 1. Definitions. Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide ENS to Hickory Creek. Denton shall provide emergency medical services to Hickory Creek in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Hickory Creek shall be com- municated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Hickory Creek understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Hickory Creek, to determine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Pee. In consideration for providing emergency medi- cal services to Hickory Creek, Hickory Creek agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Hickory Creek by Four Dollars and Fifty Cents (population x $4.50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Hickory Creek during any period of time Hickory Creek is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Hickory Creek, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not Waived Neither Denton or Hickory Creek waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1994 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. S. Termination= Default. Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Hickory Creek shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton. To Hickory Creek* City Manager Mayor City of Denton City of Hickory Creek 215 E. McKinney P. O. Box 453 Denton, Texas 76201 Hickory Creek, Texas 75065 Page 2 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written cons t ~o/fyythhe other. EXECUTED on the U ,,,~j day o r 199 CITY OF DENTON, TEXAS BY: BOB CASTLEBERRY, MA OR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: '07 ~0-4 APP =VEDTOEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY. CITY OF HICKORY CREEK BY: MAYOR ATTEST: BY: SE RETARY Page 3 B \AMBULMC SER RESOLUTION NO 'oO A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Sanger for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City SECTION II. That this resolution shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the /!~vday of (]AMZ44tUd 19 BOB CASTLEBERRY, MAYO ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY E \WPDOCS\K\SANGER K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Sanger would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the TEX HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. 5791.001, et sea., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. Agreeme;ft--'dav This Agreement is made on the of 199, between the City of Denton, Texas (Denton) nd Th ity of Sanger (Sanger). The parties agree as follows, 1. Definitions. Emergency Medical Services orE M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or in3ury. 2. Denton to Provide ENS to Sanger. Denton shall provide emergency medical services to Sanger in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Sanger shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Sanger understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Sanger, to determine. (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and (d) The time in which to respond to a request for emergency medical service. 4. service Fee. In consideration for providing emergency medi- cal services to Sanger, Sanger agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Sanger by Four Dollars and Fifty Cents (population x $4.50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Sanger during any period of time Sanger is delinquent in the payment of any undisput- ed service fee. 5. Patient Charges. In addition to the service fee paid by Sanger, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Sanger waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1994 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement S. Termination; Default. Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Sanger shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows. To Denton: To Sanger: City Manager Mayor City of Denton City of Sanger 215 E McKinney P O. Drawer 578 Denton, Texas 76201 Sanger, Texas 76266 PAGE 2 lo. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written con nt of the other. EXECUTED on the LVL"'day of , 1995• CITY OF DENTON, TEXAS BY: _'00ad- BOB CASTLEBERRY, MA R ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. 4 APP ED TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: CITY OF SANGER BY: MA1011 ATTEST: December 19, 1994 Date BY : L0-1-11 0j"" SECRETARY j++aeuearrrr 01 F c v~ G a s PAGE 3 B \A ULMC SSR RESOLUTION NO 9 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Krum for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City SECTION II, That this resolution shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the day of 199 BOB CASTLEBERRY, MAY ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY BY r E \UPDOCS\K\KRUM K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Krum would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. §791.001, et sea., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. Agreement 1111 This Agreement is made on the ~ day of , 199, between the City of Denton, Texas (Denton) and The ty of Krum (Krum). The parties agree as follows: 1. Definitions. Emergpn^}' Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide ENS to Rrum. Denton shall provide emergency medical services to Krum in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Krum shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Krum understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Krum, to determine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Bee. In consideration for providing emergency medi- cal services to Krum, Krum agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Krum by Four Dollars and Fifty Cents (population x $4.50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Krum during any period of time Krum is delinquent in the payment of any undisputed service fee. S. Patient Charges. In addition to the service fee paid by Krum, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Krum waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1994 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. S. Termination; Default. Either party may terminate this Agreement at any time without cause by giving ninety (90~ days ad- vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Krum shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailer), postage prepaid, to the respective addresses, as follows: To Denton: To Krum, City Manager Mayor City of Denton City of Krum 215 E. McKinney P. O. Box 217 Denton, Texas 76201 Krum, Texas 76249 PAGE 2 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written con ent of the other day of , 199 S. EXECUTED on the/11-01 CITY OF DENTON, TEXAS BY: BO CASTLEBERRY, MAYO ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: aw'z C AP ED A TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY _ BY, CITY OF KRUM BY: C l YOR ATTEST: Y: ETARY PAGE 3 H \AMSULMC SER RESOLUTION NO /k95__0/0 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I, That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Argyle for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City SECTION II That this resolution shall become effective immed- iately upon its passage and apprL?kay PASSED AND APPROVED this the of 199 BOB CASTLEBERRY, MAY R ATTEST JENNIFER WALTERS, CITY SECRETARY BY 929, APPROVED AS TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY BY E \NPDOCS\K\ARGYLE K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Argyle would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. §791.001, e s (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. Agreements ~ This Agreement is made on the Z2!tday of , 199,T, between the City of Denton, Texas (Denton) and The i y of Argyle (Argyle). The parties agree as follows: 1. Definitions. Emergency Medical Services or EF.M.S means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Argyle. Denton shall provide emergency meaical services to Argyle in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Argyle shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.N.B. Argyle understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Argyle, to determine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Argyle, Argyle agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Argyle by Four Dollars and Fifty Cents (population x $4.50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Argyle during any period of time Argyle is delinquent in the payment of any undisput- ed service fee 5. Patient Charges. In addition to the service fee paid by Argyle, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not Waived Neither Denton or Argyle waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1994 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. S. Termination; Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days ad- vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Argyle shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Argyle* City Manager Mayor City of Denton City of Argyle 215 E. McKinney P. O. Box 1035 Denton, Texas 76201 Argyle, Texas 76226 PAGE 2 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written cons nt of the other EXECUTED on the day of , 199. CITY OF DENTON, TEXAS BY: AL~&~ BOB CASTLEBERRY, MA OR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APP ED TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: l CITY OF ARGYLE BY: OR ATTEST: i ca AE~ JB I% D PAGE 3 E \WPDOCS\RES\CRIME COL Repealed by R96-032 RESOLUTION NO 9S-Q A RESOLUTION CREATING THE JUVENILE CRIME INTERAGENCY COALITION TO FORMULATE AND PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL RELATING TO THE NEED FOR ADDITIONAL COORDINATION AND RESOURCES TO BE CON- TRIBUTED TOWARD THE REHABILITATION OF JUVENILE OFFENDERS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has assumed jurisdiction over ]uv- enile offenders committing certain offenses, and WHEREAS, the City Council created a Juvenile Diversion Task Force in order to explore options in the development of a juvenile justice program containing a variety of alternative methods to provide effective rehabilitative enforcement and judicial tools for juvenile offenders, and WHEREAS, the City Council of the City of Denton desires to implement the recommendation of the Task Force that a Juvenile Crime Interagency Coalition be created, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council hereby establishes a Juven- ile Crime Interagency Coalition gECTION II (a) That the Juvenile Crime Interagency Coalition shall promote understanding, shall facilitate coordina- tion and cooperation among agencies involved with issues relating to juveniles and to submit an annual report to the City Council on juvenile crime issues which may contain recommendations regarding the establishment of additional Diversion Programs (b) In the event the Coalition recommends the establishment of additional Diversion Programs, the Coalition shall provide recommendations to the City Council regarding the following matters (1) The goals of the Diversion Program, (2) The format of the Diversion Program, (3) A public relations strategy, (4) The anticipated financial impact, and (5) An implementation schedule gECTION III That the Juvenile Crime Interagency Coalition shall be composed of twenty-three representatives to be selected and approved by the City Council from recommendations by the fol- lowing groups and organizations 1 representative recommended by the Denton Independent School District Parent/Teacher Association, I representative recommended by the Denton Chamber of Commerce, 1 representative recommended by local civic groups, clubs, or organizations, 1 representative recommended by Denton County, 1 representative recommended by the Denton Independent School District, 1 representative recommended by the office of the Municipal Court Judge, 1 representative recommended by the Finance Department, 1 representative recommended by the office of the City Attorney, 1 representative recommended by the Denton Police Department, 1 representative recommended by community-based organizations, 1 representative recommended by the Concerned Parents Organization, 1 representative recommended by the National Association for the Advancement of Colored People, 1 representative recommended by the League of United Latin American Citizens, 1 representative recommended by the Denton County Juvenile Probation Department, 1 representative recommended by the Denton County Bar Associa- tion, 5 representatives recommended by the student body of the Denton Independent School District's high schools, middle schools, and alternative school, and 3 representatives at large selected by the City Council SECTION IV That each representative shall serve a one calendar year term SECTION V. That prior to the beginning of the calendar year, the preceding groups and organizations shall submit to the City Council the name of the person or persons recommended to serve as PAGE 2 the group or organization's representative for the upcoming calendar year SECTION VI, That the City Council shall designate the Chair- person of this coalition SECTION VII. That in the event any of these listed organiza- tions express a desire to not participate in this Coalition, the City Council may select representatives of other organizations to serve on this Coalition SECTION VIII That this resolution shall be effective immed- iately upon its passage and approval PASSED AND APPROVED this the L-_~day of 1995 BOB CASTLEBERRY, MAY ATTEST JENNIFER WALTERS, CITY SECRETARY BY Q- APPROVED AS TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY BY P& a T PAGE 3 E \WPD0C9\RR9\JW CRI RESOLUTION NO ~Qcl~ _03 Z A RESOLUTION REPEALING RESOLUTION NO R95-011 CREATING THE JUVENILE CRIME INTERAGENCY COALITION, TO DISSOLVE AND ELIMINATE THE COALI- TION, WHOSE FUNCTIONS WILL BE ASSUMED BY THE JUVENILE DIVERSIONARY SERVICES OF DENTON, INC , AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has been informed that the Juvenile Diversionary Services of Denton, Inc would be restructured to include the functions of the Juvenile Crime Interagency Coalition, and the Juvenile Diversionary Services of Denton, Inc will expand its Board of Directors and restructure to assume these functions, and WHEREAS, the City Council deems it in the public interest to repeal Resolution No R95-011 and dissolve the Juvenile Crime Interagency Coalition, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That Resolution No R95-011 is hereby repealed and the Juvenile Crime Interagency Coalition is hereby sunsetted and dissolved, with its functions to be absorbed by the Juvenile Diversionary Services of Denton, Inc SECTION II. That the City Secretary is hereby directed to send a true and correct copy of this resolution to the Board of Directors of the Juvenile Crime Interagency Coalition and the Juvenile Diversionary Services of Denton, Inc $ECTION III. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1996 J AP MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY A/ AP D A TO LEGAL FORM HER EAT L PROUTY, CITY ATTORNEY BY it I f I Nekt, Dop'lument , ,I I F i F r t ' r _ r I t ' i r r r I 1 i S I r + r I ti ' r~ r r + ~ i r ~ + I B \AMLILMC SER RESOLUTION NO A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES S4CTION I That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Corinth for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City SECTION II That this resolution shall become effective immed- iately upon its passage and appro/v}/a,•l~J PASSED AND APPROVED this the day of 199, .91 BO CASTLEBERRY, MAYO ATTEST JENNIFER WALTERS, CITY SECRETARY BY f`! APPROVED AS TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY BY ~v/L ` B \AMBULANC SER RESOLUTION NO jfq " /3 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Lake Dallas for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City SECTION II That this resolution shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the day of 199 BO CASTL 49, MAYO ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED A TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY %%9 BY b \embulence k AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Lake Dallas would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. §791.001, et sea., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. Agreement This Agreement is made on the 12th day of January 1995 , between the City of Denton, Texas (Denton), and The City of Lake Dallas (Lake Dallas). The parties agree as follows: 1. Definitions. E " Medical ServL ces or Fes(, 5.., means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Lake Dallas. Denton shall provide emergency medical services to Lake Dallas in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Lake Dallas shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Lake Dallas understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entitles. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Lake Dallas, to determine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service, (c) The order is which to respond to a request for emergen- cy medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Lake Dallas, Lake Dallas agrees to pay to Denton an annual sum during each year of this Agreement determined by multi- population Dollars usedashallfbe g(population the tx $4.50). The Dallas Cents that contained in the latest edition of the North Central Texas Council of Government's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Lake Dallas during any period of time Lake Dallas is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Lake Dallas, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not Waived Neither Denton or Lake Dallas waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement 7. Term. The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1994 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated Lake Dallas shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Lake Dallas* City Manager Mayor City of Denton City of Lake Dallas 215 E. McKinney P. O Box 386 Denton, Texas 76201 Lake Dallas, Texas 75065 Page 2 lo. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the 12th day of January , 199' CITY OF DENTON, TEXAS BY, - BOB CASTLEBERRY, MA R ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: If 2~. APP ED TO LEGAL FORM: MIC EL A. BUCEK, ACTING CITY ATTORNEY Bli: ` - / CITY OF LAKE DALLAS BY: Y ATTEST: BY: lp~~ -_~p13l~lf*^ SECRETARY Page 3 E \WDDOCS\K\CORINTH K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Corinth would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. §791.001, ggs, (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. Agreement This Agreement is made on the day of , 199, between the City of Denton, Texas (Denton), and The C y of Corinth (Corinth). The parties agree as follows: 1. Definitions. Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Corinth. Denton shall provide emergency medical services to Corinth in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Corinth shall he communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Corinth understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Corinth, to determine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Corinth, Corinth agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Corinth by Four Dollars and Fifty Cents (population x $4.50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Corinth during any period of time Corinth is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Corinth, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not Waived Neither Denton or Corinth waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1994 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement S. Termi..ation; Default. Either party may terminate ts Agreement at any time without cause by giving ninety (90) days ad vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of defa,zlt is sent, the other party may declare the Agreement terminated. Corinth shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows. To Denton: To Corinth: City Manager Mayor City of Denton City of Corinth 215 E. McKinney 2003 South Corinth Street Denton, Texas 76201 Corinth, Texas 76205 PAGE 2 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the L_ day of CITY OF DENTON, TEXAS BY: ^ BOB CASTLEBERRY, MAYO ATTEST: JENNIFER WALTERS, CITY SECRETARY BY- APP VED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY. CITY OF CORINTH MAYOR 0 ATTEST: BY* CRETARY PAGE 3 bbassign res RESOLUTION NO 9 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE ASSIGNMENT BY BRUCE BROWN OF THE "TRACT B" LEASE OF AIRPORT PROPERTY TO RALPH SLATER, SAID PROPERTY CONSISTING OF 20,865 24 SQUARE FEET, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has leased airport property to Bruce Brown, one such lease being identified as "Tract B", and WHEREAS, Bruce Brown wishes to assign his interest in the "Tract B" leased facilities to Ralph Slater, and WHEREAS, Bruce Brown is required to obtain the City's written consent to this assignment, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I_ That under paragraph XI (Assignment of Lease) of the "Tract B" lease between the City of Denton and Bruce Brown dated December 6, 1994, the City of Denton gives its written consent to the assignment dated January 4, 1995 between Bruce Brown and Ralph Slater, attached as Exhibit A SECTION II._ That consent to this attached assignment is sub- 3ect to and shall be considered valid only for so long as the named Assignee complies with all terms of the "Tract B" lease agreement of December 6, 1994 between the City of Denton, Texas and Bruce Brown SECTION III That this resolution shall become effective immediately upon its passage and ~a_pp~rroo~val PASSED AND APPROVED this the /'y day of 1995 JU BOB CASTLEBERRY, MAYO ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP VED AS O LEGAL FORM DEBRA A DRAYOV TCH, CITY ATTORNEY iI l January 4,1995 This letter is to serve notice that Ralph Slater has reached an agreement with Bruce Brown to assume the "Tract B" lease consisting of 20,865 24 square feet that Bruce Brown has with the city of Denton Texas for land at the Denton County Airport R ph Slater ruce Brown , Qrtoe-n v YVuh -fix nd -1- Semi -~k cry 1 you 6~ ~o nunn~ oooooeooooeeoeeeoeooooooeoeoetooo lq4 S ..'6k DEBRA S BENTE e Notary Publk State of Texas ° My Commlealon Exptree CS 28-1997 0000000000CAODO0C0000000000000 Rwlah S Ip ~o a.o 50 (A It TelAoti, ax & s 7t, 20 5 `81'1-X8'7-q3~8 V _ t m RESOLUTION NO e9 10/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE APPLICATION OF THE HOUSING FINANCE CORPORATIONS ACT TO PROPERTY WITHIN THE CITY, AUTHORIZING AND APPROVING OTHER MATTERS RELATING TO BONDS TO BE ISSUED BY THE DENTON COUNTY HOUSING FINANCE CORPORATION, AND REPEALING PRIOR RESOLUTIONS OR ORDERS IN CONFLICT HEREWITH WHEREAS, the Denton County Housing Finance Corporation has been heretofore created as a joint housing finance corporation, in accordance with the Texas Housing Finance Corporations Act, Local Government Code, Chapter 394 (the "Act") WHEREAS, the Act requires that the City Council of the City of Denton, Texas (the "City") approve the application of the Act to property within the City before the proceeds of bonds issued pursuant to the Act may be used to finance home mortgages for homes located within the City, WHEREAS, it is also the intention of the City Council to hereby authorize and approve certain other matters relating to the issuance of bonds by the Denton County Housing Finance Corporation for the Calendar Year 1995, and WHEREAS, this meeting is open to the public as required by law, and public notice of the time, place and purpose of this meeting was given as required by Chapter 551, Government Code, as amended, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS Section 1 The findings and declarations contained in the recitals of this Resolution are incorporated herein as part of this Resolution Section 2 The City Council hereby approves the application of the Act to the property within the City and grants its approval to the Denton County Housing Finance Corporation for the use of proceeds of its bonds issued in Calendar Year 1995 to finance home mortgages for homes located within the City The Mayor and any other appropriate officer of the City are hereby authorized and directed to take any and all necessary actions in order to facilitate the issuance of such bonds action 3 All resolutions and orders, or parts thereof, in conflict with this Resolution are hereby repealed to the extent of such conflict Section 4 This Resolution shall take effect immediately from and after its adoption 960191ID226464 PASSED, APPROVED AND EFFECTIVE this 7th day of February, 1995 All- Mayor, City of Denton, Tex s ATTEST r ty a etary -2- MINUTES AND CERTIFICATION PERTAINING TO PASSAGE OF A RESOLUTION STATE OF TEXAS $ COUNTY OF DENTON $ CITY OF DENTON § On this the 7th day of February, 1995, the City Council of the City of Denton, Texas (the "Governing Body"), convened in a regular meeting at the regular meeting place thereof, the meeting being open to the public and notice of the meeting giving the date, place and subject thereof having been posted as prescribed by Chapter 551, Government Code, as amended, and the roll was called of the duly constituted officers and members of the Governing Body, which are as follows, to-wit Bob Castleberry Mayor Euline Brock Mayor Pro Tem Mark Chew Council Member Jerry Cott Council Member Jack Miller Council Member Harold Perry Council Member Margaret Smith Council Member and all of such persons were present, except the following absentees , thus constituting a quorum Whereupon, among other business, the following was transacted, to-wit A written resolution bearing the following caption was introduced A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE APPLICATION OF THE HOUSING FINANCE CORPORATIONS ACT TO PROPERTY WITHIN THE CITY; AUTHORIZING AND APPROVING OTHER MATTERS RELATING TO BONDS TO BE ISSUED BY THE DENTON COUNTY HOUSING FINANCE CORPORATION, AND REPEALING PRIOR RESOLUTIONS OR ORDERS IN CONFLICT HEREWITH The Resolution, a full, true and correct copy of which is attached hereto, was read and reviewed by the Governing Body Upon motion duly made and seconded, the Resolution was finally passed and adopted by the following vote AYES 0 NOES O ABSTENTIONS 9WI9UD7d6N1 The Presiding Officer then declared the Resolution passed and approved and signed the same in the presence of the Governing Body MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT and to correctly reflect the duly constituted officers and members of the Governing Body, and the attached and following copy of said Resolution is hereby certified to be a true and correct copy of an official copy thereof on file among the official records of the City of Denton, Texas, all on this 7th day of February, 1995 Mayor City of Denton, Texas ATTEST PI/n cr ry [SEAL] W191/Dr"l -2- B \GOLF RES RESOLUTION NO ✓ '0%O A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A GOLF DRIVING RANGE LEASE BETWEEN THE CITY OF DENTON AND WALTER NUSBAUM, AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the Mayor is authorized to execute a golf driving range lease between the City of Denton and Walter Nusbaum, which is attached hereto and made a part hereof SECTION II That this resolution shall become effective immediately upon its passage and ;W~:y ~1 PASSED AND APPROVED this the of 1995 AgAd BOB CASTLE BERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY r BY APP OVED AS TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY BY GOLF DRIVING RANGE LEASE CONTRACT NORTH LAKES PARKo CITY OF DENTON THIS AGREEMENT made this I~Ll day of , 199f, between the City of Denton, Texas, 215 E. McKinney, DAAton, Texas (herein referred to as "City"), and Walter Nusbaum, 1 6 Crescent, Denton, Texas (herein referred to as "Lessee"). WITNESSETH: WHEREAS, the City of Denton, acting through its Department of Parks and Recreation, has jurisdiction over the park and recreation areas and facilities of the City and desires to continue to provide a golf driving range operation at North Lakes Park, Denton, Texas, for the accommodation of the public, and Lessee desires to obtain permission to operate said services; NOW, THEREFORE, in consider- ation of the premises and the mutual covenants and agreements contained herein, the parties hereby agree as follows: 1. The City hereby grants to Lessee and Lessee hereby accepts from the City a lease to operate a golf driving range operation for the period herein stated and subject to all of the terms and conditions herein contained, the following described property: A portion of North Lakes Park in the City of Denton, Texas, designated on Exhibit "A", a copy of which is attached hereto and incorporated by reference herein. 2. This Lease shall commence on the Ist day of January, 199 and shall terminate on the 31st day of January, 1997, unless sooner terminated as herein provided, or unless City by thirty (30) days notice in writing shall terminate the Lease, when, in its judgment, it is deemed that such termination is necessary by the operation of law, or pursuant to the terms of this Agreement, or it is deemed that the leased premises are required for other City purposes. 3. Hours of Operation. The Lessee shall post the hours of operation of the Golf Driving Range in a conspicuous place in the leased area. The Lessee shall have the right to make written application to the Director of Parks and Recreation for a change in the hours of operation of the Golf Driving Range, which, upon the approval of the Director of Parks and Recreation, shall become the temporary hours of operation of the Golf Driving Range. The Director of Parks and Recreation reserves the right to revoke the contract of the Lessee if the Lessee does not adhere to the schedule of operations. Lessee agrees to operate such Lease for the accommodation of the public using the said facility during such seasons and such times and in such manner as the City may reasonably prescribe. 4. Rental. The Lessee agrees to pay to the City an annual flat fee payable in quarterly installments as follows: 1995 1996 1997 April $1,250.00 April $1,250.00 April $1,250.00 July 1,750.00 July 1,750.00 July 1,750.00 Oct. 1,250.00 Oct. 1,250.00 Oct. 1,250.00 Dec. 750.00 Dec. 750.00 Dec. 750.00 Total $5,000.00 Total $5,000.00 Total $5,000.00 Payments by the Lessee to the Director of Parks and Recreation shall be made to the order of the City of Denton, and delivered to the Parks and Recreation Department's official address. 5. Accounts. The Lessee agrees to keep the books of account and records of all operations and to establish systems of bookkeep- ing and accounting in a manner satisfactory to the Director of Parks and Recreation, and to permit an inspection of Bald books and records by the Director of Parks and Recreation whenever such inspection is deemed necessary. 6. Utilities. The cost of water, gas, electricity, and telephone service used in the operations will be paid by the Lessee. If no water, electric, or gas meters are installed, the amount of water, gas, and electricity may be estimated by the Director of Parks and Recreation, and the cost of such uBe will be paid by the Lessee. Should the Lessee neglect to pay any charges for electricity or other services supplied by the City when the same shall become due and payable, then the amount of said charges shall forthwith become a part of and be added to the Lease fee, and shall under all circumstances and conditions be considered and be collectible with the next Lease fee then due. Failure to pay shall result in termination of this contract. The Lessee may have a telephone installed for private use, at the Lessee's own expense, and shall pay the monthly bill for same. 7. Equipment. Fixed It is understood and agreed that the Lessee shall have the use of all fixed equipment now on the leased premises belonging to the City, listed on the schedule of fixed equipment on file in the office of the Parks and Recreation Department. The Lessee agrees to supply, maintain, and replace at the sole cost and expense of the Lessee all expendable equipment such as the EZ-GO cart and picker, office equipment, ball-cleaning machines and other equipment required for the proper operation of this license. Title to all equipment provided by the Lessee, except fixed equipment belonging to the City and listed on the schedule of fixed equipment, shall remain with the Lessee, and such equipment shall be removed by the Lessee at termination of this Lease except as PAGE 2 hereinafter provided in clause "Violations. 11 Should any such property remain in demised premises after such expiration or termination, the Director of Parks and Recreation may deal with such goods as though same had been abandoned and charge all cost and expense incurred in the removal thereof to the Lessee. The Lessee's obligation to observe and perform all of the terms and covenants of this Lease shall survive the expiration or other termination thereof. Should the Director of Parks and Recreation determine that any equipment installed by the Lessee, not appearing on the schedule of equipment belonging to the City, may be removed without injury or damage, the Lessee shall remove such equipment and deal therewith as Lessee's own personal property. 8. Maintenance of Facility or operation, and improvements to Leased Premises. The Lessee, with the knowledge of the Director of Parks and Recreation, may install future structures, buildings and equipment deemed necessary for the proper operation of this Lease, and shall be responsible for full payment for same, and shall maintain all structures, buildings and equipment, fixed and expendable, in good order and repair at the Lessee's sole cost and expense during the term of the Lease. Plans and specifications for all additional and fixed structures, building and equipment shall be submitted to the Director of Parks and Recreation for approval before being placed, built, delivered to or installed in the leased premises, and the building or installation shall be subject to inspection and approval by the Director of Parks and Recreation. Title to all fixed structures, buildings or equipment shall vest in the City immediately upon its being built or brought into the leased premises. Bills of sale or other evidence of purchase shall be delivered to the City within ninety (90) days after construction or delivery as hereinabove mentioned, and the schedule of fixed structures, buildings or equipment shall also list and include the exact construction or articles which have become the property of the City during the term of this Lease. The Lessee, at the sole cost and expense of the Lessee, shall maintain that portion of the North Lakes Park assigned to Lessee in full and complete repair to the satisfaction of the Director of Parks and Recreation during the term of this Lease. The North Lakes Driving Range area or the North Lakes Park, together with all structures, buildings, and equipment, shall be returned to said City in good order, condition, and repair. 9. The Lessee shall keep the entire North Lakes Driving Range facility and the surrounding area for a distance of fifteen (15) feet clean and neat at all times. Mowing and ground maintenance will be the responsibility of the City. Removal of refuse shall be the responsibility of the Lessee, who shall see that refuse pickups PAGE 3 are made as often as required without accumulation. 10. Merchandise for Sale. The Lessee shall post, in a conspicuous place inside the concession area, a price list of all articles offered for sale. This price list shall be submitted to the Director of Parks and Recreation each season before the beginning of operation, with a schedule of articles to be offered for sale, only as such articles and at such prices above cost have been approved by the Director of Parks and Recreation. Such prices may be changed from time to time by agreement by the parties hereto. The schedule of prices approved by the Director of Parks and Recreation shall be printed, framed, and displayed at the expense of the Lessee 11. Personnel. The Lessee will personally operate said Lease or employ such personnel satisfactory to the Director of Parks and Recreation, and the Lessee agrees to replace said personnel or any employee, whenever demanded by the Director of Parks and Recre- ation, upon due cause being shown. The Lessee agrees to have a sufficient number of personnel on duty at such leased areas for the proper operation of this Lease. Lessee must comply with all State and Federal regulations, including the Americans with Disabilities Act, and must practice Affirmative Action in compliance with the City of Denton's policies. 12. Permits. The Lessee shall procure, at its own cost and expense, all permits or licenses necessary for the legal operation of this Lease. 13. Lease. It is expressly understood and agreed that during the term of the Lease, the Lessee shall have the use of the leased premises except as herein provided; and the Lessee has the right to occupy the space assigned to it, and to operate by the Lease hereby granted to it, and to continue in the possession thereof, only so long as each and every provision and condition herein contained is properly complied with. 14. Assignability. The Lessee shall not sell, mortgage, rent, assign or parcel out the Lease granted, or any interest therein, or allow or permit any other person or party to use or occupy any part of the premises, building, or space covered by this Lease for any purpose whatsoever without first obtaining the written consent of the Director of Parks and Recreation, nor shall the Lease be transferred by operation of law, it being the purpose and spirit of this instrument to grant this Lease and privilege personally and solely to the Lessee herein named. 15. Advertising. The Lessee agrees not to employ callers, criers, or use signs or any other means of soliciting business without the approval of the Director of Parks and Recreation, and agrees not to advertise said Lease in any manner or form on or PAGE 4 about the premises leased to it, or elsewhere, or in any newspaper or otherwise, without such approval. 16. Alterations. Any such repairs, alterations, decorations, additions, or improvements shall be made at the sole cost and expense of the Lessee, and shall become the property of the City immediately upon their annexation to the demised premises. 17. Damaces to Premises. If buildings or structures are damaged in any way whatsoever by reason of any act or omission of the Lessee or its employees, then the Lessee shall repair, at its own cost and expense, the building or structure so damaged. Upon the failure of the Lessee to make such repairs, the Director of Parks and Recreation may repair such damage at the cost and expense of the Lessee. 18. Inspection. The Lessee agrees that at all times, free access will be given to representatives of the Director of Parks and Recreation, the Department of Health, and other city, county, state, or federal officials having jurisdiction for inspection purposes. The Lessee further agrees that if notified by the Director of Parks and Recreation, or his representatives, that any part of the leased premises or the facilities thereof is unsatis- factory, the Lessee will remedy the same at once. 19. Waiver of Damace. The Lessee hereby expressly waives any and all claims for compensation for any and all loss or damage sustained by reason of any defects, deficiency or impairment of the electrical apparatus or wire furnished for the leased premises, or by reason of any loss of any gas supply, water supply, heat or current which may occur from time to time from any cause, or for any loss resulting from fire, water, tornado, explosion, civil commotion or riot, or any act of God, and the Lessee hereby expressly releases and discharges the City, its agents, officers, and employees from any of the causes aforesaid and agrees to hold them harmless therefor, including attorney fees, if any. 20. Public Interference. The Lessee hereby expressly waives any and all claims for compensation for any and all damage or loss sustained by reason of any interference by any public official or agency, in the operation of this Lease. 21. Risk of Operation. The Lessee assumes all risks of operation of the North Lakes Driving Range and agrees to comply with all federal, state, and local laws and regulations and orders of the City of Denton affecting the leased premises in regard to all matters. The Lessee expressly agrees to hold the City, its agents, officers and employees harmless from any and all claims arising out of any violation of any law, rule, regulation, or order, and from any and all claims for loss, damage, or injury to persons or PAGE 5 property of whatever kind or nature arising from the operation of this Lease, whether the same are caused by the sole negligence of the Lessee or the joint negligence of the City and the Lessee, and the Lessee expressly agrees to indemnify the City, its agents, officers and employees to the extent of any recoveries against them individually or jointly arising from same. 22. Insurance. All insurance policies obtained shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Lease, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self-insured retentions declared in the submitted proposal shall be met. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: 1) Name as additional insured the City of Denton, its officials, agents, employees and volunteers. 2) That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. All policies shall be endorsed to provide thirty (30) days prior written notice of cancellation, non-renewal or reduction in coverage. Should any of the required insurance be provided under a claims-made form, Lessee shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. PAGE 6 Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insur- ance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Lease shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: A. General Liability Insurance. General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the Lessee. The policy shall be written on an occurrence basis either in a single policy or in a combina- tion of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 Current Edition) is used: Coverage A shall include premises, operations, products and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. Coverage B shall include personal injury. Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) PAGE 7 covering this contract, personal injury liability and broad form property damage liability. B. Automobile Liability Insurance. Comprehensive or business Automobile Liability insurance shall be provided by the Lessee with limits of not less than $500,000 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. This policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) C. Workers Compensation Insurance. Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the city, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. 23. Violations. Should the Lessee breach or fail to comply with any of the provisions of this agreement, or federal, state, or local laws or any rule, regulation or order of the Department of Parks and Recreation affecting the Lease or the leased premises in regard to any and all matters, the Director of Parks and Recreation may, in writing, order the Lessee to remedy such breach or to comply with such provisions, laws, rules, regulations, or order, and in the event that the Lessee fails to comply with such written order within forty-eight (48) hours from the receipt thereof, then this Lease shall immediately terminate and end as though it were the time provided for the termination thereof. If said breach or failure to comply is corrected, and a second or repeated violation of the same rule, provision, law, regulation or order follows thereafter, the Director of Parks and Recreation by notice in writing may revoke or terminate this Lease, such revocation and termination to immediately become effective on the mailing thereof, the Lease to terminate as though it were the time provided for the termination thereof. Should the Lessee be convicted of a crime related to or affecting the operation of the Golf Driving Range, the Director of Parks and Recreation may terminate this Lease by notice in writing immediately effective on mailing, the Lease to terminate as though it were the time provided for the termination thereof. Should the Director of Parks and Recreation, in his/her sole judgement, decide that the Lessee is not operating the Lease herein granted in a satisfactory manner, then the Director of Parks and Recreation may terminate this Lease by notice in writing immediate- PAGE 8 ly effective on mailing, the Lease to terminate as though it were the time provided above for the termination thereof. In the event the Lease terminates as aforesaid, or for any reason whatsoever as elsewhere provided in this Lease, all rights of the Lessee therein shall be forfeited without any claims for damage, compensation, refund of its investment, if any, or any other payment whatsoever against the Director of Parks and Recreation or the City. In the event this Lease terminates as aforesaid, any property of Lessee within said Lease area may be held and used by the City in order to operate said Lease during the balance of the calendar year and may be held and used thereafter until all indebtedness of Lessee hereunder at any time of termination of this license is paid in full. 24. Notice. Where provision is made herein for notice to be given in writing, the same may be given by mailing a copy of such notice to the Lessee by registered mail, addressed to the address hereinabove or any such other address as shall be filed with the Director of Parks and Recreation, or by delivering a copy of said notice to the Lessee or any other person in charge of the leased premises. 25. Surrender. The Lessee, at the expiration or sooner termination of this Lease, shall quit and surrender the leased premises and all property listed on the schedule of fixed equipment on file at the office of the Department of Parks and Recreation, belonging to the City in as good condition as when taking posses- sion thereof, reasonable wear and tear and damage by the elements expected. The Lessee shall be held responsible for all fixed equipment listed on the aforesaid schedule of fixed equipment belonging to the City and shall surrender the quantities listed on said schedule of fixed equipment which belongs to the City and which should be at the leased premises by virtue of the premises of this Lease. 26. Security Deposit. The Lessee shall provide the City with a security deposit in the amount of Five Hundred Dollars ($500), prior to the opening of the Golf Driving Range to the Public. 27. Relief. The Lessee may, in the discretion of the Director of Parks and Recreation, be relieved in whole or in part of any or all obligations of this agreement for such stated periods of time as the Director of Parks and Recreation may deem proper upon written application showing circumstances beyond the Lessee's control warranting such relief. 28. Wherever the term "Director" is used in this agreement, it shall also be construed to include the City Manager and the Executive Director of Municipal Services/Economic Development, or any other assigned agents as the Director of Parks and Recreation PAGE 9 deems necessary. IN S WHEREOF, the artier hereto have executed this Lease this day of CITY OF DENTON, TEXAS BOB CASTLEBERRY, MAYO ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR VED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: IV / ATTES Walter Nusbaum, Lessee: BY BY: s8\Wr S\K\Q0Lr RU PAGE 10 ~Z7,rv-, :rte Plf x l~ Cl z l0iy E \WPDOCS\ORD\WATERLIN 0 RESOLUTION NO k96- oil A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT FOR THE REPAIR AND MAINTENANCE OF UPPER TRINITY REGIONAL WATER DISTRICT FACILITIES, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the Mayor is hereby authorized to execute an Agreement Between the City of Denton and the Upper Trinity Regional Water District for the Repair and Maintenance of Upper Trinity Regional Water District Facilities, a copy of which is attached hereto and incorporated by reference herein SECTION II That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ~4) day of 1995 CJ BOB CASTLEBERRY, TOR ATTEST- JENNIFER WALTERS, CITY SECRETARY r BY APPROVED S TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY BY iA.~ AGREEMENT BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT FOR THE REPAIR AND MAINTENANCE OF UPPER TRINITY REGIONAL WATER DISTRICT FACILITIES This Agreement is made by and between the Upper Trinity Regional Water District (the "District"), a conservation and reclamation district created pursuant to Article XVI, Section 59 of the Constitution of the State of Texas, and the City of Denton ("Denton"), a municipal corporation of the State of Texas RECITALS WHEREAS, District desires to obtain Denton's services in the repair and maintenance of facilities known as Phase IA Pipeline by compensating Denton on a time and material basis having regard for the conditions under which such services are provided, WHEREAS, District does not desire to compensate Denton for i operating and administrative overhead other than employee fringe benefits, and WHEREAS, Denton desires to provide said services without in- creasing Denton's resources or compromising Denton's system NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises herein expressed, it is agreed by and between the District and Denton as follows AGREEMENT REPAIR AND MAINTENANCE SERVICES TO BE PROVIDED 1 1 Denton shall provide preventative, predictive, corrective and investigative repair and maintenance services to the District for the Phase IA Pipeline Said services shall not include and Denton shall not be obligated to provide grounds maintenance, land- scaping, engineering or administrative services Denton shall pro- vide repair and maintenance services only upon a proper request by the District 1 2 Denton reserves the right to deny any request for ser- vices except in the case of an Emergency An "Emergency" shall be a situation in which the Phase IA Pipeline system fails or which will result in the imminent failure of the Phase IA Pipeline District understands and acknowledges that Denton's ability to respond to any Emergency request is dependent upon the condition and ongoing demands in Denton's system at the time of the request Denton shall not be obligated to provide Emergency services to Dis- trict when Denton's system has need for emergency service until such time as Denton's system is stabilized and fully operational In such event, Denton shall make reasonable efforts to stabilize Denton's system, making it fully operational, and then provide Emergency services to District 1 3 District's Customer Advisory Council shall prepare a menu of probable maintenance needs Denton shall be prepared to perform or assist with such maintenance needs properly requested by District WRITTEN REQUESTS REQUIRED 2 1 District shall notify Denton in writing of all requests for service Request for Emergency service may be initiated ver- bally and shall be confirmed in writing within (24) twenty-four hours after a verbal request is made PAGE 2 2 2 Request for service shall be submitted to Director of Water Engineering and Operations 901 A Texas Street Denton, Texas 76201 Request for emergency service may be initiated by calling either Director of Water Engineering and Operations (817) 383-7194 during normal working hours, 8 00 AM to 5 00 PM, Monday thru Friday or Emergency Services Dispatch (817) 566-8400 during nights, evenings, weekends and holidays COMPENSATION 3 1 The District shall pay Denton its Cost of Labor, Cost of Equipment and Cost of Material for services provided to District If District requests specifically scheduled services and Denton is not allowed flexible scheduling of said services, District shall pay Denton an additional 1016 of the Cost of Labor, Cost of Equip- ment and Cost of Material In the event Denton provides Emergency services resulting from system failure or damage and not the result of poor scheduling, District shall pay Denton only the Cost of Labor, Cost of Equipment and Cost of Materials 3 2 Denton's Cost of Labor shall be computed based upon hours actually spent in the performance of services pursuant to this Agreement Cost of Labor shall include the Total Base Hourly Pay and Total Overtime Hourly Pay of those Denton employees actually involved in the performance of this Agreement Cost of Labor shall PAGE 3 also include an amount to compensate for fringe benefits of those employees actually involved in the performance of this Agreement This fringe benefit amount shall be computed based upon a multipli- er of 44 89k for Total Base Hourly Pay and a multiplier of 19 81% for Total Overtime Hourly Pay Attached hereto and incorporated herein as Exhibit "All is Denton's current job classifications and salary ranges and a schedule reflecting the computation of the multiplier used for fringe benefits Following is a formula summarizing the computation of Cost of Labor Total Base = Each employee's x Hours spent by each employee in Hourly Pay base hourly rate performance of Agreement that does not result in the employee working overtime Total = One and one-half x Hours spent by each employee in Overtime of each employee's performance of Agreement that Hourly Pay base hourly rate results in the employee working overtime Cost of = (Total Base Hourly Pay) + 0 4489 x (Total Base Hourly Labor Pay) + (Total Overtime Hourly Pay) + 0 1981 x (Total Overtime Hourly Pay) 3 3 Cost of Equipment shall include the cost of equipment owned by Denton at a rate of $25 00 per hour for each three man crew or part thereof performing services pursuant to this Agree- ment Cost of Equipment shall also include all rental costs for leased equipment including delivery and pickup charges Cost of Equipment shall not include any costs for equipment provided by District 3 4 Costs of Materials shall be the actual costs of the materials delivered to the job site, plus an additional 10t for PAGE 4 handling Costs of Materials shall not include materials handled and provided by the District BILLING AND PAYMENT 4 1 Denton shall submit a monthly statement to District for the services provided and the District shall pay the statement within thirty days of the date of mailing 4 2 If the District disputes the amount of any statement, it shall still pay the statement If the parties agree or a court decides that the District was incorrectly charged, Denton shall credit that amount to the District on the next monthly statement or statements or refund the amount overcharged TERM 5 1 The term of this Agreement shall be one year beginning on the effective date noted hereinafter This Agreement shall continue in one year increments unless District or Denton terminate the Agreement as provided in Paragraph 5 2 below 5 2 Either party may terminate this Agreement at any time without cause by giving thirty (30) days advance notice in writing to the other, specifying the date of termination If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated PAGE 5 WAIVER OF WARRANTIES 6 1 Denton will perform all services in accordance with applicable industry standards, AWWA standards and governing laws and regulations 6 2 EXCEPT AS EXPRESSLY SET FORTH IN PARAGRAPH 6 1 OF THIS AGREEMENT, DENTON MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS AND IMPLIED REGARDING ANY AND ALL SERVICES PROVIDED BY DENTON DISTRICT UNDERSTANDS AND ACKNOWLEDGES THAT DENTON MAKES NO WARRANTIES EXPRESS OR IMPLIED REGARDING THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT EXCEPT THOSE EXPRESSLY SET FORTH IN PARAGRAPH 6 1 INDEMNIFICATION 7 1 The District agrees to hold harmless, defend, and indem- nify Denton, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys fees for injury to or death of any person, or for damage to any property arising out of or in connection with the services provided pursuant to this Agreement MISCELLANEOUS 8 1 Any notice required under this Agreement shall be in writing and sent by certified mail, return receipt requested, postage prepaid and addressed as follows PAGE 6 Notice to Denton Notice to the District Executive Director of Utilities Executive Director Utilities Administration Upper Trinity Regional Water 215 E McKinney Street District Denton, Tx 76201 P O Drawer 305 396 W Main, Suite #102 Lewisville, Tx 75067 8 2 The failure of either party to exercise any right of termination or their failure to seek enforcement or performance of any provision at any time, shall not be construed to be a waiver of the performance of any provision, or the waiver of the right of either party to exercise its right of termination, or to seek enforcement or performance of any provision of this Agreement 8 3 The termination of this Agreement shall not release the District from its obligation to make payments for services rendered under this Agreement prior to the date of termination 8 4 If by reason of "force ma7eure", either party is unable to perform any obligation of this Agreement, it shall give notice of the force maDeure to the other party in writing within ten days of the occurrence relied upon The obligation of the party giving the notice, to the extent and for the period of time affected by the force majeure, shall be suspended The party giving notice shall endeavor to remove or overcome the inability with all reason- able effort In no case, however, shall the District's obligation to make payments to Denton for services already provided be suspended 8 5 "Force Ma7eure" shall mean acts of God, landslides, lightning, earthquakes, hurricanes, storms, floods, or other natural occurrences, strikes, lockouts, insurrections, riots, wars, PAGE 7 or other civil or industrial disturbances, orders of any kind of the Federal or State government or of any civil or military authority, explosions, fires, or any other cause not reasonably within the control of the party claiming the disability 8 6 The Agreement is made and shall be subject to the laws of the United States and the State of Texas and all applicable regula- tions or rules of any regulatory authority having jurisdiction of the subject matter of this Agreement 8 7 If any provision of this Agreement is by any court held to be illegal or in conflict with any law or regulation, the validity of the remaining provisions of this Agreement shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the par- ticular provision held to be invalid 8 8 Neither party shall assign nor transfer in whole or in part the rights and privileges granted in this Agreement without first obtaining the written consent of the other 8 9 This Agreement embodies the whole agreement of the parties There are no promises, terms, conditions, or obligations other than those contained herein This Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties, and all modifications of this Agreement shall be in writing and approved by both parties 8 10 All headings in this Agreement are used for convenience only and are not intended to define or to limit the scope of any provision PAGE 8 The Effective Date of this Agreement is the day of 19~ BO CASTLEBERRY, MAY R ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP VED A TO LEGAL FORM MI ASL A BUCEK, ACTING CIQTY ATTORNEY BYn a UPPER TRINITY REGIONAL WATER DISTRICT Y Bd P ESID NT /13OARD OF DIRECTORS ATTEST TARY~~STO ARD F DIRECTORS APPROVED LEGAL FORM ATTORNEY FOR TH DISTRICT E \WPDOCS\K\WATERLIN UT PAGE 9 EXHIBIT "A" CLASSIFICATION ENTRY MIDPOINT TOP Foreman $13 78 $17 22 $20 67 Crew Leader 8 76 10 95 13 13 Water Meter 8 76 10 95 13 13 Mechanic II Utility 7 82 9 77 11 73 Technician I Water Meter 7 82 9 77 11 73 Mechanic I Maintenance 6 23 7 79 9 35 Worker The fringe benefits multiplier is based upon Regular Time Over Time Longevity Pay 1 32% FICA 7 65% 7 65% TMRS 7 79% 7 79% Worker's Compensation 4 37% 4 37% Health Insurance 10 36% Life Insurance 0 32% Vacation 5 77%- Holidays 3 4616 Sick Leave 3 85% TOTAL FRINGE BENEFITS 44.89% 19.81% E \WPD0CS\RES\C0MMUNIT POL RESOLUTION NO R, s_ Ul A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMIS- SION OF AN APPLICATION TO THE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES OF THE UNITED STATES DEPARTMENT OF JUSTICE REQUESTING FUNDING FOR THE ACCELERATED HIRING, EDUCATION, AND DEPLOYMENT OF THREE (3) NEW POLICE OFFICES FOR COMMUNITY POLICING, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton is eligible to receive funds from the Office of Community Oriented Policing Services of the United States Department of Justice and desires to promote the public safety and well-being of its citizens through increasing the ef- fectiveness of the community policing efforts of the Denton Police Department, and WHEREAS, in order to receive such funds, it is necessary for the council of the City of Denton to authorize the submission of an application to the Office of Community Oriented Policing Services of the United States Department of Justice requesting funding for the hiring of three (3) officers to be used in community policing activities, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City of Denton, Texas, certifies that it is eligible to receive a funding allocation from the Office of Community Oriented Policing Services of the United States Depart- ment of Justice for the hiring of three (3) police officers to be used in community policing activities SECTION II That the City Council authorizes and directs the City Manager, or his designee, to represent and act on behalf of the City of Denton in applying for and working with the Office of Community Oriented Policing Services of the United States Depart- ment of Justice in regard to such grant application SECTION III That the Chief of Police shall forward a copy of this resolution to the Office of Community Oriented Policing Ser- vices of the United States Department of Justice SECTION IV That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 0?/0- day of 1995 TLEBERRY, MAY BOB CAS ATTEST- JENNIFER WALTERS, CITY SECRETARY BY , APP OVED AS TO LEGAL FORM. MICHAEL A BUCEK, ACTING CITY ATTORNEY BY PAGE 2 APPLICATION FOR 1 DATE SUOMITf CD APDhiam danliLPr FEDERAL ASSISTANCE 02/27/95 TXQQ 102 I TYPC OF SUBMISSION 1 DATE RECEIVLD BY STATE Slate Application Idenulmr Application Proapplmalion ❑ Constl ucllon ❑ Construction A DATCnccctVeo BYFCDEnALAGENCY redelai ldentdmr ® Non Construction ❑ NonConslrucllon y APPLICANT INFORMATION Laq TI Name organizational Unit City of Denton, Texas Denton Police De artment Address (give city county slate and zip code) N7me and 1010 phone number 01 the person to be contacted on matters involving it,,, application (give area coda) 601 E Hickory, Suite E Chief Michael W Jez Denton (817)383-7926 Denton County, Texas 76205 FAX (817)383-7966 f EMPLOYER 1OCNTIFICATION NUMBER IEINI 7 TYPE OF APPLICANT (onlor aPPrOmfa(B 101tonn boa) A Stale H Independent School Dist 7 5 6 0 0 0 5 I n B County I Stale Controlled Institution of Higher Leaimng C Munlcipnl J Private Umversdy 9 TYPE OF APPLICATION O Township K Indian Tribe ® I New C] Continuation ❑ Revision E Interstate L ndividual F Inlarmunicgml M PiolH Organization 11 Revision enter appropriate teller(s) In bon(es) El G Special District N Other (Specify) ❑ _ A Inc,aasa Award B Decrease Award C Increase Duration D Decrease Duration Other (specdy) 9 NAME OF FEDERAL AGENCY Office of Community Oriented Policing Services, U S Department of Justice 10 CATALOG OF FEDERAL DOMESTIC 11 DESCRIPTIVE TITLE OF APPLICANT S PROJECT ASTALOO CE NUMBER, 1 6 2 6 Accelerated Hiring, Education and TITLE Public Safety and Community Deployment of Three New Police Officers Policing Grants for Community Policing 11 AREAS AFFECTED DY I, IOJECT(Citrus counties stales Bic) City of Denton, Texas 11 PROPOSED PROJECT N CONGRESSIONAL DISTRICTS OF Start Dale Ending Dale a Applicant b Piolecl 03/06/95 03/05/98 U S 26th District u S 26th District 1s ESTIMATEO FUNDINO Hi IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 11771 PnOCESSt a Federal S 00 a YES THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12772 PROCESS FOR REVIEW ON 173,992 L, Applicant $ 00 DATE 185,936 c Slate S 00 b NO ❑ PROGIRAM IS NOT COVERED BYE 0 12772 d Local S 00 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW e Other $ 00 I Program Income $ 00 11 IS Tllp APPLICANT D[UNOUENT ON ANY FEDERAL DEBT? Yes R Yes allach an eaplanalion ® No TOTAL $ 00 q 359,938 ,if TO THE BEST OF MY KNOWLEDGE AND BELIEF ALL OATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT TIIE DOCUMENT HAS BEEN DULY AUTtioniZEO BY THE GOVERNING BODY OF THE APPLICANT AND 711E APPLICANT WILL COMPLY WITII TIIE ATTACHED ASSURANCES IF THE ASSISTANCE IS AW AROCO b Title c Telephone nunibei a Typed Name of MHhpn7ed Repie eel alive Rick Svehla Deputy City Manager (817)566-8307 c Galt, Sved d S'gnalwe of oozed opre nlaiive ` , ( SI TDiIy I Dim s ~ it PrCWeO, Cddmns Nl1L USJ 1C PIP,Uihnd b/ DIIB (iR~IV A 10-1 Q/~y US Depnnmenn+flumrc amomomm~ i OQin n/Cmrvrunr p Onenred 1 nharrp Server ~~~~1111 d ASSURANCES Several provisions of federal law and policy apply to all giant plogranis We (the Office of Conunutnty Oriented Policing Services) need to secure your assurance that you (the applicant) will comply with these plovtstons if you would like further mfoitnation about any of the matters on which we seek you' assurance, please conact us By your authorized representative's signature, you assure us and certify to us that, if the grant is awarded, you will comply with all legal and administrative requirements that govem the acceptance and use of federal grant funds In particular, you assure us that 1 You have been legally and officially authorized by the 8 You will not on the ground of race, color religion, na-unlaw ully exc appropriate governing person from participal on In deny the be effts of orlame for this grant andrthexample mayor or city coun al he persons signing the tional origin, gender application to apply and these assurances on your behalf are aulho ptoYment to any person or subject any person to discrimi razed so and to act on your behall with respect to any nation in connection with any programs or activities funded deral rued to o do do fo nd with These issues that may arise during processing of this application quiremenls in the nondiscrim nation provisions re of 2 You will comply with the provisions of federal law which the Omnibus Crime Control and Safe VStreets I of the Act of R ghls limit certain political activities of your employees whose pnn- as amended (42 U S C § 3789(d)) Title Civil Indian cipal employment is In connection with an activity financed Act of 1964, as amended (42 S 130 0000) the 504 of 301 in whole in part with this grant These restrictions are sal theiiReRights Act habtli al on Act of 1973 as amended (29 U S C § forth in 5 U U S C § 1501, gLg 794) Title II Subtitle A of the Americans with Disabilities 3 You will comply with the minimum wage and maximum Act (ADA) (42 U S C § 12101 el sec the Age Dlisscririe ina-01 hours provisions of the Federal Fair Labor Standards Pct if ImeM of of 1975 (42 U S Cm§ ahon Reg at ions coma nrt Justice Non They apply to you in Title 28 Parts 35 and 42 (subparts C D E and G) of the 4 You will establish safeguards, if you have not done so Code of Federal Regulations already to prohibit employees from using their positions for A In the event that any court or administrative a purpose that Is or gives the appearance of being, moti- vated by a desire for private gain for themselves or others, agency makes a finding of discrimination on grounds of race origin , disability particularly those with whom they have tamely, business or yolu rafterga due Iprocless hearingeryou greeoto gforward a other ties copy of the finding to the Office of General Counsel, COPS, 5 You will give the Department of Justice or the Complrol P O Box 14440 Washington, DC 20044 ler General access to and the right to examine records and B If you are applying for a grant of $500 000 or documents related to the grant more and Department regulations (28 CFR 42 301 at sea ) 6 You will comply with all requirements Imposed by the require you to submit an Equal Opportunity Employment rat Department of Justice as a condition or administrative re- Plan, you will do so at the time of this application you have not done quirement of the grant, with the program guidelines, with the requirements of OMB Circulars A 87 (governing cost cal so In the past culations) and A-128 (governing audits), with the applicable 9 You will insure that the facilities under your ownership provisions of the Omnibus Crime Control and Safe Streets leaq mans op the isio w acne not ll beduoni the i nth earn al Act of 1968, as amended, with 28 CFR Part 66 (Uniform p Administrative Requirements), with the provisions of the Protection Agency s (EPA) list of Violating Facilities and that advi current edition of the Office of Justice Programs Financial tyou hat a will nosy to be used an this gas d byuth eEPA indicating and Administrative Guide for Grants and with all other ap for listing by EPA pticabie laws, orders, regulations, or circulars apps cab ellaw, sleek, recruitPand hire imembers of racial and procedure under Executive Order 12372 and hascsel acted nority groups iew, you In ord have live claw (enforcement by dInc eas ng their rr to fu anksrwithin the able forgreviewrby the State S nge Pointiof Coin act on avail sworn positions In your agency / hereby cel l jy c trance ivnh the above assurances ilia[ gover n ilia application and use of Federal funds Dale rl or 10 Signature , Appendlixa Legal Assurances t(C brpnrrrrmnl nJ /u mce O/(ce n/Conmum,(y 0nenrad f Ao"ir Srrv¢u CERTIFICATIONS REGARDING LOBBYING, DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS, DRUG-FREE WORKPLACE REQUIREMENTS; COORDINATION WITH AFFECTED AGENCIES, AND (lie process, ms made eve of J certallnf may pApplicants should rend the tsions pro ortfederral lawfrequirerusr to seeklyour certificationryregareffort regulations tiled below and the mshuctions for certification included in the regulations to undetsland the requirements and whether they apply to a particular applicant Signature of this form provides for compliance with certification requirements under 28 CfR Part 69, New Restrictions on Lobbying and 28 CiR Part 67, "Government-wide Debarment mid Suspension (NonprocuremenQ and Government wide RequirementSafs for Drug free Workplace (Grails),' and the coordination and non supplanting requirements of the Public ety Comm tiornlof fact upon which renity an ell wicing Act of 1994 The certifications be placed when the Department of Justice cerdetermiinesrtolaward the senla- covered grant 1 LOBBYING eluded from covered transactions by any Federal depart menl or agency As required by Section 1352 Title 31 of the U S Code and implemented at 28 CFR Part 69 for persons entering into a (a) Have not within a three year period preceding this apple grant or cooperative agreement over $100,000, as defined cation been convicted of or had a civil judgment rendered a128 CFR Part 69, the applicant certifies that against them f in connection with obtaining, commission attempting to obta obtain, or per of fraud or a (a) No federal appropriated funds have been paid orwill be forming public (Federal Sate or local) transaction or con paid by or on behalf of the undersigned, to any person for tract under a public transaction violation of Federal or Slate zzlem influencing or attempting to Influence an officer or employee antitrust statutes aorco mmi osion of a on of re gent mtheft ak- of any agency, a Member of Congress an officer or em- forgery bribery , ployee of Congress, or an employee of a Member of Con ing false stalemenls or receiving stolen property gress in connection with the making or any Federal grant, or amendment or modification Are not atlgovernmental entity (Fede ail Statly or the iminal tension entering continuation, renewal cooperative of any Federal grant or cooperative agreement local) with commission of any of the offenses enumerated in paragraph (A)p4 of this certification and (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or Irv) Have not within a three year period preceding this ap attempting to Influence an officer or employee of any agency phcallon had one or more public transactions (Federal Slate a Member of Congress, an offcer or employee of Congress, or local) terminated for cause or default and or an employee of a Member of Congress In connection with this Federal grant or cooperative agreement, the un B Where the applicant is unable to certify to any of the dersigned shall complete and submit Standard Form- LLL statements in this certification he or she shall attach an Disclosure of Lobbying Activities," In accordance with its explanation to this application instructions, 3 DRUG FREE WORKPLACE (GRANTEES OTHER (c) The undersigned shall require that the language or this THAN INDIVIDUALS) certification be Included In the award documents for all subawards at all tiers (including subgrants, contracts under As required by the Drug Free Workplace Act of 1988 and nts Part 67 CFR at 28 s, and agreemen cooperat and Subpart IghaI all sub rec pientls shall certify land d scl see accordingly dell edeatt28 CFR Part 67 Sections 67 615f andranlees as 67 620- 2 DEBARMENT, SUSPENSION, AND OTHER RESPON A The applicant certifies that it will or will continue to pro SIBILITY MATTERS (DIRECT RECIPIENT) vide a drug free workplace by As required by Executive Order 12549 Debarment and Sus- pension and Implemented at 28 CFR Part 67, for prospec (Q Publishing a statement notifying employees that file un the grantee or live participants In primary covered transactions, as defined lad f l a manufacture distribuo controlled distributions iiroh tided l posse al 28 CFR Part 67, Section 67 510 - workplace and specifying the actions that will be taken A The applicant certifies that it and Its principals against employees for violation of such prohibition (i) Are not presently debarred suspended proposed for (n) Establishing an on going drug free awareness program debarment, declared Ineligible, sentenced to a denial of Fed to Inform employees about - eral benefits by a Slate or Federal court or voluntarily ex- (a) The dangerslmf drug abuse in the workplace, Appendlaho Legal cartlncallons ace p (b) The grantees policy of maintaining a drug flee work RiB Ti le(s) for the pe may insert in a erforms ce of workpdone in conndection wlith place, the specific grant (c) Any available drug counseling rehabilitation and em ployee assistance programs, and Place of Performance (Street address city county state zip code) (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace (w) Making it a requirement That each employee to be en- gaged In the performance of the grant be given a copy of the statement required by paragraph (Q Check ❑ if (here are workplaces on file that are not identi (iv) Notifying the employee in the statement required by fled here paragraph (i) that, as a condition of employment under the grant the employee will - Section 67 630 of the regulations provides that a grantee that is a Slate may elect to make one certification in each (a) Abide by the terms of the statement and Federal fiscal year a copy of which should be included with each application for Department of Justice funding Slates (b) Notify the employer in writing of his or her conviction for and State agencies may elect to use OJP Form 4061/7 a violation of a criminal drug statute occurring in the work place no later than five calendar days after such conviction Check [I if the Stale has elected to complete OJP F 4061/7 (v) Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph (iv)(b) from an 4 COORDINATION employee or otherwise receiving actual notice of such con viclion Employers of convicted employees must provide The Public Safety Partnership and Community Policing Act of notice 14440 Including on position C title, to COPS Notie Program, shall include the appropriate coordinatlion with all agencies that may has been identification numoer(s) of each affected grant fecled by the applicants grant proposal if approved At fecled agencies may include among others the Office of (v4 Taking one of the following actions within 30 calendar the United Slates Attorney state or local prosecutors or a( there days of receiving notice under subparagraph (rv)(b) with correctional agencies coordination appwdh all a certifies diagenc e5 as respect to any employee who is so convicted - been appropriate (a) Tatung appropriate personnel action against such an 6 NON SUPPLANTING employee, up to and mclud,ng termination, consistent with licanl hereby certifies that federal funds will not be the requirements of the Rehabilitation Act of 1973, as used to replace or supplant State or local funds or funds amended, or supplied by the Bureau of Indian Affairs that would in the (b) Requiring such employee to participate satisfactorily In absence of federal aid, be made available to or for law en a drug abuse assistance or rehabilitation program approved forcement purposes for such purposes by a Federal Slate or local health, law The applicant further certifies that funds required to pay the enforcement or other appropriate agency non federal or 'cash match portion of the grant program (vu) Making a good faith effort to continue to maintain a shall be in addition to funds that would otherwise be made drug free workplace through implementation of paragraphs available to or for law enforcement purposes (i) (it) (w), (iv), (v), and (vi) As the drily authorized representative of the applicant / her eby cert fr !liar the applicant will comply with the above certifications City of Denton Police De artment 601 E H D t n 76205 Grantee Name and Address 16-726 75-6000514 Application Number and/or Project Name Grantee IRStVondor Number Rick Svehl , puty City Manager Typed Name and le oaAu r i ad Ropr nlaliva Signature Data Appondla(' Logil Certincallons r APPLICATION SUMMARY The City of Denton, Texas, proposes to hire three (3) law enforcement officers under COPS AHEAD The geographic location of this department is approximately thirty (30) miles north of the Dallas/Ft. Worth Metroplex on Interstate Highway 35 The current size of the department is 101 sworn officers, with an authorized strength of 105 officers and it provides the following services law enforcement; order maintenence; and crime prevention activities to the citizens of Denton. The total federal funds requested under this proposal are $173,992 for three officers be hired no late the first available training session after January 1, 1995, than which is currently scheduled for March 6, 1995 The jurisdiction's five year community policing plan includes the reduction of crime and fear of crime These new officers and others assigned to community policing will contribute to this plan by engaging in the following activities- the identification and organization of neighborhood groups; consultation with these groups in order to mutually set goals, identify problems, and formulate solutions; the adaptation of the department's response to best meet the needs of the community groups; and the mobilization of available resources to resolve stated problems. This plan was developed in consultation with other City departments, such as Code Enforcement, Streets, and Utilities, and community groups like Neighborhoods Improving Community Environment (N I.C.E ) and the owsley Coalition. The major public safety needs that will be addressed through the hiring of these new officers are narcotics trafficking, order maintenence, and an overall increase in calls for service over the past year. U BUDGET SUMMARY The proposed amount of federal expenditures over the three period is $173,992 The proposed amount of non-federal expenditures over the three year grant period is $185,936. The source of the non-federal expenditures is the City of Denton General Fund The federal share will equal 75% of the total expenditures in the first year and decrease 25% with each subsequent year of the grant period. Specific budget items included in these expenditures are the officers' base salary including the required step raises and estimated cost of living .increases, incentive pay for college degrees or state law enforcement certifications, longevity pay, and employer's contributions to the employee's social security (FICA), retirement (TMRS), and premiums for worker's compensation, health, and life insurances. These expenditures are calculated as follows. Base Salary Computed using the hourly rate of $12 48 for an entry level police officer with increases of 5% at the end of the first and second years of employmerft and projected cost of living increases of 4% on January 1st of 1996 and 1997. nefjt Adiustment: The City's payment of the employee's contribution to the retirement system, equal to 5.26% of base salary, and added to the base salary prior to the calculation of other benefits. Longevity Pay: Calculated at $4.00 per month for each year of service. Incentive Pay: Calculated at $120.00 per month for an advanced peace officer certification or bachelor's degree. FICA: Calculated at 7.65% of the officer's base salary Employer's contribution to the retirement system calculated at 7.79% of base salary Worker's Compensation: Calculated at 2.69% of officer's base salary. Health Insurance• Calculated at the current employer contribution of $207.58 per month Life Insurance: Calculated at 3% of officer's base salary The City of Denton's fiscal year begins on October 1st of each year and includes a total of 26 pay periods SPECIFIC BUDGET ITEMS Grant Period: 2nd Year = 03/06/96 - 03/05/97 3rd Year = 03/06/97 - 03/05/98 ITEM ist YEAR 2nd YEAR 3rd YEAR Base Salary $ 26,139 $ 28,549 $ 31,187 Benefits Adjustment 1.375 1,502 1,640 Salary Sub-Total 27,514 30,051 32,827 Incentive Pay 0 1,440 1,440 Longevity Pay 0 44 88 FICA 2,105 2,299 2,511 TMRS 2,143 2,341 2,557 Worker's Compensation 740 808 883 Health Insurance 2,491 2,491 2,491 Life Insurance 825 _ 902 985 Total Salary 35,818 40,376 43,782 Total x 3 Officers 107,454 121,128 131,346 Federal Contribution 80,591 60,564 32,837 Local contribution 26,863 60,564 98,509 The total expenditures for the three year grant period equals $359,938. The minimum required contribution by the City of Denton equals 25% of the total or $89,985. The proposed contribution by the City of Denton is $185,936 or $95,951 over the minimum required. H COMMUNITY POLICING STRATEGY 1 Describe your agency's long term community policing strategy and its implementation plan The Denton Police Department first utilized community oriented policing in 1988 when a neighborhood in southeast Denton complained that they suffered a disproportionate amount of crime and police paid far less attention to their area than other parts of the City The Department responded to these complaints by forming a team of officers to work cooperatively with the citizens of that area to resolve their problems. The team consisted of one sergeant, one detective, and four uniformed patrol officers who were assisted by the Department's two crime prevention officers The citizens of that area formed an association, Neighbors Improving Community Environment (N.I.C.E.), and the team met with them on a regular basis to receive their concerns and solicit solutions. This pilot program was deemed a success through the evaluation of its positive impact on crime in the area, residents' fear of crime, and the relationship of the citizens and the police. In 1990, the Department adopted community oriented policing as the agency's philosophy and a committee formed within the organization translated the philosophy into a Department mission statement which reads: The mission of the Denton Police Department is to positively impact the quality of life throughout the community. To achieve these ends, the Department is committed to forming practical partnerships with the citizenry, which includes a mutual goal setting process aimed at resolving problems, reducing fear, preserving the peace, and enforcing the law, thereby, providing a safe environment for all citizens. To facilitate the implementation of the community oriented policing philosophy throughout the organization, the City was divided into two sides, East and West, with four areas or districts on each side. In addition to the continuing work in Southeast Denton, an area on the west side, the Owsley Addition, was designated as a second target area. Further, patrol sergeants and officers were individually assigned to a team in each district These teams are responsible for facilitating the organization of the neighborhoods, both residential and commercial, consulting with these groups of citizens to identify problems, adapting Department activities to respond effectively to those problems, and mobilizing all available resources, both inside and outside the agency, in the resolution of these problems. In 1993, a committee of employees from every area and level of the Department was formed to assess the organization's progress and provide a framework, schedule, and list of tasks essential for the Department's continued success in actualizing the community policing philosophy. The intent and primary focus of the plan is the identification of internal actions that must be taken to better position the Department to work in partnership with the neighborhoods of the community. While the majority of the plan centers around areas that involve exclusively internal activities, such as training and inter-agency communication, at least two concerns, community involvement and the management of resources, were identified as areas of deficit that are directly related to activities outside the organization. As stated earlier, the residents of Southeast Denton formed an association, N.I.C.E. This particular area of the City is an established community with life-long residents. They elected officers and have consistently held monthly meetings. Citizen complaints regarding criminal violations and public disorder, such as noise, traffic, and alcohol violations around the community's park, are targeted by the officers and progress is reported at subsequent meetings. Additionally, these residents have expressed concerns about drainage, street lights, and city code violations. Officers forward this information to the appropriate City departments for action and follow-up on the situation to insure it is resolved. A Southeast Denton Community Office was established in a donated apartment in the Phoenix Apartments, a local government housing project. This office is staffed with volunteers from the community and facilitates officer accessibility to residents. Additionally, the office provides crime prevention information and a location for area children to do their homework and receive tutoring. The business community donated funds for a Southeast Denton newsletter that includes information about police activity in the neighborhood, community services, and profiles on community members and police officers. Texas Woman's University established a health care facility in the Phoenix Apartments and provides free prenatal, obstetrics, gynecology, and dental services to low income citizens. The Owsley Addition is an area of low-income apartment complexes on the west side of Denton. Because attempts to organize the residents of this area were not as successful as those in Southeast Denton, the officers turned their attention to programs targeting the children of the area By involving agencies and organizations in the community, the Owsley Coalition was formed. It includes a combination of United Way funded agencies, the Denton Independent School District, and the University of North Texas Additionally, an apartment managers association was formed and an apartment was donated for a community office This office is used for children's programs such as a movie night, Girl Scouts, Boy Scouts, a computer literacy program for children, and literacy and English as a Second Language classes for adults. In addition to the efforts in these two targeted areas, the community has responded by assisting in the creation of the Police Athletic League (PAL) and the Department's Bicycle Unit. Local businesses and other groups donated, remodeled, and equipped a building to be used as a PAL gymnasium. This program provides local youths an opportunity to participate in supervised play activities at no cost and, in some cases, the chance to compete against other programs in Texas. Thus far, over 220 children have participated in PAL programs that have included boxing, baseball, basketball, karate, and dance. The initial creation of the Bicycle Unit was funded entirely by donations from the private sector. Not only does bicycle patrol provide enhanced opportunities for interaction between citizens and police, the Unit has provided bicycle rodeos, repairs, and safety classes for children. While the Denton Police Department has experienced substantial success in its community policing efforts, the organization has identified a need to increase community involvement and more effectively and efficiently manage available resources Community policing requires officers to not only continue to respond to calls for service from the public and enforce laws through the issuance of citations or custody arrest, but also mandates additional activities involving the organization of and consultation with citizens. These activities require an enormous amount of time to coordinate such efforts. Presently, the Department has depended on officers to fulfill these new duties while maintaining the same level of service to the community. This funding will provide three full-time problem solvers. With the assistance of these federal funds, the Department intends to hire three officers by March 6, 1995. These officers will be sent to a basic police academy and then complete up to 24 weeks of field training. Once they have successfully completed this training, they will be deployed to a patrol shift and a district team. The additional manpower will enable the Department to assign one officer to each community office and create an additional community office for the organization of businesses. While the Department will continue to maintain a community policing philosophy throughout the organization, freeing three officers to concentrate all their time on community policing activities will assist the Department in three areas. First, these three officers will act as a central repository for information and resources. oftentimes, communication between patrol officers is lacking or nonexistent. For example, one officer may be facing a problem similar to that of another or have access to resources that would assist another officer. These officers will be in a position to monitor plans submitted by employees. They will then be able to assist in securing needed resources, prioritizing the allocation of those resources, and facilitating communication between officers facing similar problems. Secondly, these officers will work to increase communication between citizens and the Department. Officers throughout the Department will forward information regarding citizen contacts to these officers and they will, in turn, contact the citizen to report on what action was taken regarding their concern, survey the citizen's satisfaction with the police response, and encourage them to make such requests and comments in the future Additionally, these officers will be involved in the preparation of press releases and public service announcements. They will also be responsible for evaluating technological advances, such as interactive television, in order to find alternative methods of communicating the agency's goals to the public and easing citizen access to the Department. Thirdly, these officers will be charged with the task of identifying, organizing, and mobilizing community groups. The N.I.C E. group in the East Side target area is comprised of an established neighborhood with natural boundaries. While much success has been experienced with this group, it has become somewhat stagnant. For example, concern exists over the operation of the Community Office. The officer assigned max mite the area will evaluate its use and develop a plan office's potential. The West Side is a much more diverse, disjointed group. Therefore, community organization and involvement is of foremost concern. The officer assigned to this area's primary responsibility will involve developing trust in the area residents. Then, and only then, will the residents voluntarily engage in the interaction with the police that is so important to forming a partnership. Further, the coordination of fundraising for the recreation center is an enormous project that will require a great amount of time. Businesses have somewhat different needs and concerns than residential neighborhoods. The officer assigned to organize and mobilize the commercial community will be able to focus all their attention on business-related crime prevention programs, such as internal thefts and robberies. By organizing these businesses, the Department will be facilitating the creation of a neighborhood where its "residents" can work together to resolve common problems. The Department will subsequently benefit from such activities by creating and identifying valuable resources that can be tapped for other projects. The Denton Police Department has made great strides in its mission of positively impacting the quality of life throughout the community by forming practical partnerships with its citizens. However, the organization recognizes that, in order to more fully actualize its goals, it must expand its efforts. The funding provided by this grant will enable the Department to do just that, by dedicating three officers to the task of organizing and mobilizing the community in an effective problem solving process that will result in strategies to address crime, fear of crime, and neighborhood decay. COMMUNITY POLICING STRATEGY 2. Describe how hiring new officers will serve a local level public safety need The Denton Police Department experienced a 10.2% increase in calls for service from 1993 to 1994. The activities associated with community policing require officers to dedicate a great deal of time to the organization of and consultation with citizens, the creation of action plans, the acquisition of resources, the coordination of efforts with other City departments and outside agencies and organizations, and the implementation and evaluation of these solutions. However, the Department does recognize the need to balance the importance of engaging in these activities with the responsibility to respond to calls for service In addition to the increase in calls for service, citizens also continue to list public safety as an primary area of concern The officers requested in this grant package will assist the Department in increasing police involvement in the community by deploying officers in the community offices, as well as creating a new community office, without reducing the patrol force. These officers will dedicate 100% of their time to the development of strategies to address crime, fear of crime, and neighborhood decay through the mobilization of the community in an effective problem solving process aimed at improving the quality of life. COMMUNITY POLICING STRATEGY 3. Explain why your department has been unable to address the public safety need described in section 2 above without federal assistance. The Denton Police Department has maintained an authorized strength of 104 officers over the past four years However, the actual number of sworn personnel has averaged between 95 and 100 officers As with most municipalities, the City of Denton has experienced economic limitations that precluded an increase in personnel across the entire organization, including the Police Department. The plan created in 1993 projected the Department's manpower needs at 106 officers in 1994, 109 officers in 1995, and 111 officers in 1996. Therefore, the current staffing falls below the projected need and there is little expectation that the number of sworn officers will be increased over the next three years. The Department has consistently faced the frustration of balancing the time intensiveness required for effective community policing with the demand for services from the public. The increase in calls for service over the last year with no increase in personnel serves to hinder these efforts and frustrate personnel. To be successful in forming the necessary partnerships with citizens, officers must be freed from the isolation of the patrol car. This grant will allow the Department three officers who will dedicate 100% of their time to the problem solving process. COMMUNITY POLICING STRATEGY 4. Identify related governmental and community initiatives which complement or will be coordinated with the proposal since 1987, in the furtherance of neighborhood renewal, the Department, in coordination with the City of Denton Code Enforcement and Community Development Departments, has utilized $154,427 in HUD and other government grant monies to demolish 108 structures. As a direct result of the Department's community policing efforts and presence in Southeast Denton, TWU Cares, a health care facility, was established at the Phoenix Apartments. It currently has an operating budget of over $109,000 originating from government funding at the local, state and federal level.In addition to health services and referrals, TWU Cares' future plans include collaboration with the Department in providing activities related to physical activity and fitness; alcohol, tobacco, and drug use; and violent and abusive behavior. The Owsley coalition is comprised of United Way funded agencies, the Denton Independent School District, and the University of North Texas, and works in collaboration with the Police Department and the apartment managers association in that area. Thus far, the Coalition has played an instrumental role in securing land through CDBG grants for an area park and recreation center, as well as playground equipment for the park which is scheduled to open in May, 1995. The City of Denton Legal Department has assisted with the paperwork associated with the land purchases and the City's Keep Denton Beautiful staff has contributed plans for the landscaping of the park. In addition to these two large projects, the Coalition sponsors two community fairs per year in an effort to foster resident cohesion. In support of these fairs, local businesses donate food and merchandise, health care facilities provide screenings and information, and youth programs provide parents the opportunity to enroll their children in supervised activities. The West Side Community Office provides a location for many activities. A local business donates videos for a children's movie every Friday night. Denton ISD offers literacy and English as a Second Language classes for adults. The City of Denton Parks and Recreation Department transports children from the Office to karate classes at the YMCA. The Office also provides general information and referrals to other services. The City of Denton recently adopted an overall philosophy similar to community policing. Neighborhood Service Delivery organizes service departments of the City in an effort to create interactive partnerships with citizens in order to resolve problems. The Police Department will play an important role in guiding other City employees in their efforts and the officers assigned to the community offices will be in a position to more effectively coordinate these activities COMMUNITY POLICING STRATEGY 5. Describe initial and anticipated levels of community support, including financial and other tangible contributions to community policing efforts. The Denton Housing Authority donated one of the units, with an estimated value of $7,200 per year, including rent and utilities, at the Phoenix Apartments to be used as the East Side Community Office. The West Side Community office is an apartment donated by a private corporation and is valued at $4,320 per year. The Department anticipates acquiring similar donated space for the location of a third office that will serve to target the organization and mobilization of the business community As a direct result of the Department's community policing efforts and presence in Southeast Denton, TWU Cares, a health care facility, was established at the Phoenix Apartments It currently has an operating budget of over $109,000 originating from government funding at the local, state and federal level. The clinic saw 1,716 clients in 1993. In 1994, that figure rose to 3,136 with physicians, dentists, pharmacies, and laboratories donating over $41,000 in services. In addition to the established health and referral services, TWU Cares' future plans include collaboration with the Department in providing activities related to physical activity and fitness; alcohol, tobacco, and drug use; and violent and abusive behavior. Members of the community, including two individuals, a movie corporation, the Owsley Coalition, a UNT Fraternity, and a local bank, donated almost $25,000 for the creation of the bicycle unit and the unit continues to receive money to defray the cost of specialty items and training. Local businesses, community organizations, and individuals have donated funds for the Southeast Denton newsletter, food and other items for community fairs on both the East and West sides of the city, a building and athletic equipment for the PAL program, and videos for Friday night movies on the West Side. The Owsley Coalition has played an instrumental role in securing land through CDBG grants for a recreation center and a park for the area, as well as playground equipment for the park which is scheduled to open in May, 1995 The Coalition will play a leading role in raising funds for the recreation center. In 1992, the Department created the Citizen's Police Academy, a ten week program designed to foster public understanding of the Department's role and activities through education. Thus far, ninety-two citizens have graduated and an Alumni Association has been formed. Recently, Association members were used to create guidelines for a Citizen's Advisory Committee. It is anticipated that this organization will become a valuable source of volunteers and funds. COMMUNITY POLICING STRATEGY 6. Describe how you plan to retain the new officers following the end of federal grant support. The City of Denton has approved the acquisition of these officers and is dedicated to retaining them after the grant period. The City's portion of this grant package is 25% of the total funding with an increase of 25% in each subsequent year and totals $95,951 more than required. These expenditures and those incurred after the grant period will be absorbed into the General Fund. COMMUNITY POLICING STRATEGY 7. Describe the impact that increasing the number of officers in your department will have on other criminal justice agencies in the jurisdiction. This funding will enable the Department to assign an officer to each community office and create another office targeting the business community. As these officers interact with the community, they will identify problems and engage in a problem solving process with citizens. This problem solving process will involve other criminal justice agencies at two levels. During the initial stages of strategy development, officers will collaborate with prosecutors to determine legal options that may be used to combat a problem The most appropriate solution may, indeed, involve strict enforcement action in order to gain compliance. For example, alcohol violations in a park may require a "no tolerance" policy that mandates enforcement action be taken. In these situations, other criminal justice agencies may experience a significant increase in the number of criminal cases filed However, when used appropriately, this type of solution has been extremely successful in gaining compliance and solving a problem in a relatively short period of time. The resolution of the problem not only reduces the number of calls for service to this Department regarding a particular situation, but eliminates related cases referred to other agencies Therefore, the long-term affect will be an actual reduction in work for other criminal justice agencies. COMMUNITY POLICING STRATEGY 8. Describe any additional factors for consideration. The Denton Police Department's employment practices are regulated by state civil service law as outlined in the Texas Local Government Code. These regulations preclude the Department from arbitrarily hiring involuntarily separated members of the military. The Department's yearly cash matches exceed the minimum required by a total of $95,951 or $31,984 per officer. In 1988, the Department saw an opportunity to utilize community policing to improve the quality of life for the citizens of Denton, long before community policing was an accepted philosophy or government funds like these were available. Thus far, the Denton Police Department has proven itself to be a model for other agencies and has received many inquiries regarding its implementation of this philosophy. For example, in 1992, the Department received the National League of Cities' Award of Excellence for "Improving Service Delivery through Community Collaboration." The Australian State Police and Lee's Summit, Missouri, Police Department, are but two agencies that have sent representatives to gather information and observe the Department's operation. The Department's bicycle unit is known throughout the world as a sterling example of an alternative patrol method that facilitates communication between police officers and citizens. The Denton Police Department has made great strides in its mission of positively impacting the quality of life throughout the community by forming practical partnerships with its citizens However, the organization recognizes that, in order to more fully actualize its goals, it must expand its efforts. The funding provided by this grant will enable the Department to do Dust that, by dedicating three officers to the task of organizing and mobilizing the community in an effective problem solving process that will result in strategies to address crime, fear of crime, and neighborhood decay. E \WPDOCS\RES\TRANSPOR COM RESOLUTION NO 295'-0 /9 A RESOLUTION AUTHORIZING SUPPORT FOR APPOINTMENT OF A REPRESENTA- TIVE FROM NORTH CENTRAL TEXAS TO THE TEXAS TRANSPORTATION COMMIS- SION, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Texas Transportation Commission is the governing body for the expenditure of federal and state highway transporta- tion funds in the State, and WHEREAS, a vacancy currently exists on the Texas Transporta- tion Commission, and WHEREAS, the North Central Texas region has not been repre- sented on the Texas Transportation Commission since 1991, and WHEREAS, the Dallas-Fort Worth region represents 4 2 million people, leads the State and nation in economic development and lob creation, and has the largest share of transportation needs in Texas, requiring a Commissioner responsive to those transportation needs, and WHEREAS, transportation projects in the Dallas-Fort Worth region have historically been underfunded relative to the other urban areas in Texas, and WHEREAS, the Regional Transportation Council, the regional transportation policy body of North Central Texas, comprised primarily of local elected officials, has requested local govern- ments in the region to take a position supporting the appointment of a representative to the Texas Transportation Commission from the North Central Texas area, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES }SECTION I That the City of Denton, in cooperation with the Regional Transportation Council, and other cities and counties in the North Central Texas region, strongly recommend that Governor George Bush appoint a representative to the Texas Transportation Commission from the North Central Texas region SECTION II That this resolution will be transmitted to Governor Bush immediately upon its adoption SECTION III That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this ther:911P~_ day of 1995 AUZd~ BOB CASTLEBERRY, MAY R ATTEST JENNIFER WALTERS, CITY1 SECRETARY • / 1 BY ?10 APPROVED AS TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY r i 1 E E 1 ~ F Dlolc'UM Nc;h,xt~! ! ent II } r i e ,I i I i I + E k i 1 i . G t t r i i f a I : t i i 1 ' E \WPDOCS\RES\HISTORIC HOM RESOLUTION NO ~~e26 A RESOLUTION RECOGNIZING THE NEED FOR A NEW FEDERAL INCOME TAX CREDIT TO ENCOURAGE THE REHABILITATION OF OLDER BUILDINGS FOR HOME- OWNERSHIP IN THE STATE OF TEXAS, CITY OF DENTON, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the abandonment and destruction of older and historic buildings presents a growing threat to the public safety and the social and fiscal well-being and the citizens of Denton, and WHEREAS, a number of houses have been abandoned or lost in Denton during recent years, and WHEREAS, there are not at present sufficient financial in- centives to attract homeowners to rehabilitate older buildings in such distressed and declining neighborhoods and downtowns, and WHEREAS, a strong base of homeowners is essential to the civic and economic health of this community and its tax base, and WHEREAS, there will be introduced in the Congress the "His- toric Homeownership Assistance Act," which would provide homeowner- ship incentives for the rehabilitation of older buildings in his- toric districts through a Federal Historic Rehabilitation tax credit for homeowners, and WHEREAS, the "Historic Homeownership Assistance Act" as conceived at this point would stimulate the revival of decaying neighborhoods and the preservation of historic buildings and districts in Denton through homeownership, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City of Denton Historic Landmark Commis- sion and the Denton City Council supports, endorses and encourages the concept of the "Historic Homeownership Assistance Act " SECTION II That a copy of this resolution be sent to the entire Congressional Delegation of Texas SECTION III That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the J~day of 711mdz y 1995 BOB CASTLEBERRY, MAY R ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY BY PAGE 2 FILE REFERENCE FORM R95-021 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Assignment of Lease - Ordinance No. 2013-006 01/15/13 JR j:\wpdocs\res\selvidge.res I RESOLUTION NO. r A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A GROUND LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND JOHN K. SELVIDGE FOR APPROXIMATELY 0. 615 ACRES OF PROPERTY LOCATED AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is authorized to execute a ground lease agreement between the City of Denton, Texas and John K. Selvidge for approximately 0.615 acres of land located at the Denton Municipal Airport, under the terms and conditions contained within this agreement, which is attached hereto and made a part hereof. SECTION II. That this resolution shall become effective immediately upon its passage and ~atpproval. PASSED AND APPROVED this the pr day of , 1995. i BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B?ROVED A AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY ing i AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § This lease is made and executed this day of 1995, at Denton, Texas, by and between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor", and John K. Selvidge, having his principal offices at Rt. 1, Box 330, Sanger, Texas, hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texas; and WHEREAS, Lessee desires to lease certain premises on said airport and construct and maintain an aircraft hangar and related aviation facilities thereon; and NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree as follows: I. CONDITIONS OF AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. A. PRINCIPLES OF OPERATIONS. The right to conduct aeronautical activities for furnishing services to the public is granted Lessee subject to Lessee agreeing: 1. To furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof; and 2. To charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. B. NON-DISCRIMINATION: Lessee, for himself, his personal representatives, successors and interests, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: 1. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, A denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 2. In the construction of any improvements on, over, or under such land and the furnishings of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; 3. Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transpor- tation - Effectual of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended. C. RIGHT OF INDIVIDUALS TO MAINTAIN AIRCRAFT. It is clearly understood by Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. D. NON-EXCLUSIVE RIGHT. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Title 49 U.S.C. Appendix §1349. E. PUBLIC AREAS. 1. Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of Lessee, and without interference or hindrance. 2. Lessor shall be obligated to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessee in this regard. 3. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. 4. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport Selvidge Lease Agreement - Page 2 against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of Lessor, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation. 5. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the airport. II. LEASED PREMISES Lessor, for and in consideration of the covenants and agreements herein contained, to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from Lessor, the following described land situated in Denton County, Texas: A. LAND: A tract of land, being approximately 26,791 square feet, or 0.615 acres, drawn and outlined on Attachment "A", and legally described in Exhibit "B", such attachments being incorporat- ed herein by reference. Together with the right of ingress and egress to said property; and the right in common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employ- ees, passengers, patrons and invitees. For purposes of this agreement, the term "Premises" shall mean all property located within the metes and bounds described and identified within Exhibit "B", including leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor. Lessee further agrees and grants to all other properties described or depicted on the survey plat of the T. Toby Survey A-1285, Denton County, Texas attached hereto as Exhibit "C", (specifically including the property located in the northeast quadrant of the survey plat, not identified by a tract designation or defined by field notes) the right of ingress and egress across the concrete taxiway as shown on Exhibit "C". B. IMPROVEMENTS PROVIDED BY LESSOR: NONE: There will be no improvements provided by Lessor, except as set forth in Article II.D. "Access to Utilities" below. For the purpose of this Agreement, the term "Lessor improve- ments" shall mean those things on the leased premises belonging to, constructed by, or to be constructed by Lessor, which enhances or increases, or will enhance or increase, the value or quality of the leased land or property. Unless otherwise noted herein, all Lessor improvements are and will remain the property of Lessor. All Lessor Selvidge Lease Agreement - Page 3 i i improvements must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by Lessor. C. EASEMENTS. Lessor and Lessee by mutual agreement may establish, on the lease premises, easements for public access on roads and taxiways. D. ACCESS TO UTILITIES. Lessor represents that there are water and 3-phase electricity lines within three hundred feet (3001) of the leased premises available to "tap-in" by Lessee, and that the same are sufficient for usual and customary service on the leased premises. III. TERM The term of Wday greement all be for a period of years, com- mencing on the of , 1995, and continuing through the 30th day of April, 2025, unless earlier terminated under the provisions of the Agreement. Any attempt by Lessee to renegoti- ate this Lease shall be in writing addressed to the City Manager at least one hundred eighty (180) days before the expiration of the stated term of this lease, and at least 180 days before the expira- tion of any additional renegotiated period. The rental and terms to be negotiated shall be reasonable and consistent with the then value, rentals and terms of similar property on the airport. i IV. PAYMENTS, RENTALS AND FEES Lessee covenants and agrees to pay Lessor, as consideration for this lease, the following payments, rentals and fees: A. LAND RENTAL shall be due and payable in the sum of Two Thousand One Hundred One and 81/100 Dollars ($2,101.81) per year, payable in twelve (12) equal monthly installments in the sum of One Hundred Seventy-five and 15/100 Dollars ($175.15) in advance, on or before the first day of each and every month during the term of this agreement. i Notwithstanding the foregoing, the annual lease rental is to be reduced by the product of $0.078452 per square foot, times the number of square feet comprising all easements established in accordance with Article II(c). B. LESSOR IMPROVEMENTS RENTALS. NONE: There are no Lessor improvements on the leased premises. C. PAYMENT, PENALTY, ADJUSTMENTS. All payments due Lessor from Lessee shall be delivered to the Airport Manager, unless otherwise designated in writing by the Lessor. Payments which are more than 15 days past due shall be assessed the penalty of one-half of one percent (0.5%) per day, compounded daily, per each day or a fraction thereof which the payment or fee is more than 15 days past due. The Selvidge Lease Agreement - Page 4 li yearly rental for land and improvements herein period leased tshall he term readjusted at the end of each five (5) year during of this lease on the basis of the proportion that the then current United States Consumer Price Index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears to the April 1990 index, which was 122.2 (1982-84 = 100). The original land rental amount is based upon $0.078452 per square foot per year for the land herein leased. However, in no (50%) vt of shall the any of the rental adjustments exceed fifty percent rental. Each rental adjustment, if eany, shall ars thereafter. occur on the first day of May 1995, and every five (5) y The adjustments in the yearly rent shall be determined by multiplying the minimum yearly rent as set forth in Section IV.A. by a fraction, the numerator of which is the index number for the last month prior to the adjustment, and the denominator of which is the index number for April, 1990. If the product of this multiplication is greater than the minimum yearly rent of as set forth in Section IV.A., Lessee shall pay this greater amount as the yearly rent until the time of the next rental adjustment as called for in this section. If the product of this multiplication is less than the minimum yearly rent of as set forth in Section IV.A., there shall be no adjustment in the annual rent at that time, and Lessee shall pay the minimum yearly rent as set forth in Section IV.A., until the time of the next rental adjustment as called for in this section. In no event shall any rental adjustment called for in this section result in an annual rent less than the minimum yearly rent of as set forth in Section IV.A. If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics, is discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the formula set forth in Subsection (a) above, but substituting the index numbers for the Consumer Price Index-Seasonally Adjusted U.S. City Average For All Items For All Urban Consumers (CPI-U) for the index numbers for the CPI-U applicable to the Dallas-Fort Worth geographical region. If both the CPI-U for the Dallas-Fort Worth geographical region and the U.S. City Average are discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that are most nearly comparable to the CPI-U applicable to the Dallas-Fort Worth geographical region. If the Bureau of Labor Statistics of the United States Department of Labor ceases to exist or ceases to publish statistics concerning the purchasing power of the consumer dollar during the term of this lease, the remaining rental adjustments called for in this section shall be made using the most nearly comparable statistics published by a recognized financial authority selected by Lessor. Selvidge Lease Agreement - Page 5 Yd I i V. RIGHTS AND OBLIGATIONS OF LESSEE A. USE OF LEASED PREMISES. Lessee is granted the non-exclusive privilege to engage in or provide the following: 1. Hangar Leases and Rental. The rental or lease of hangars and hangar space and related facilities upon the leased premises. 2. Office Space Lease or Rental. The rental or lease of office space in or adjoining Lessee's hangars. 3. Aircraft Storage and Tie Down. To provide parking, storage and tie down service, for both Lessee's and itinerant aircraft upon or within the leased premises. Lessee, his tenants and sublessees shall not be authorized to conduct any services not specifically listed in this agreement. The use of the lease premises of Lessee, his tenants or sublessees shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and aviation. No person, business or corporation may operate a commercial, retail or industrial business upon the premises of Lessee or upon the Airport without a lease or license from Lessor authorizing such commercial, retail or industrial activity. The Lessor shall not unreasonably withhold authorization to conduct aeronautical or related services. B. STANDARDS. Lessee shall meet or exceed the following standards: 1. Address. Lessee shall file with the Airport Manager and keep current his mailing addresses, telephone numbers and contacts where he can be reached in an emergency. 2. List. Lessee shall file with the Airport Manager and keep current a list of his tenants and sublessees. 3. Conduct. Lessee shall contractually require his employers and sublessees (and sublessee's invitees) to abide by the terms of this agreement. Lessee shall promptly enforce his contractual rights in the event of a default of such covenants. 4. Utilities. Taxes and Fees. Lessee shall meet all expenses and payments in connection with the use of the Premises and the rights and privileges herein granted, including the timely payment of utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed. 5. Laws. Lessee shall comply with all current and future federal, state and local laws, rules and regulations which Selvidge Lease Agreement - Page 6 ~gj I i may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or permits. 6. Maintenance of Property. Lessee shall be responsible for the maintenance, repair and upkeep of all property, build- ings, structures and improvements, including the mowing or elimination of grass and other vegetation on the Premises, and shall keep said Premises neat, clean and in respectable condition, free from any objectional matter or thing. Lessee agrees not to utilize or permit others to utilize areas on the leased premises which are located on the outside of any hangar or building for the storage of wrecked or permanently disabled aircraft, aircraft parts, automo- biles, vehicles of any type, or any other equipment or items which would distract from the appearance of the leased premises. Lessee agrees that at no time shall the leased premises be used for a flea market type sales operation. 7. Unauthorized use of premises. Lessee may not use any of the leased land or premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for industrial, commercial or retail purposes, except as authorized herein. 8. Dwellings. It is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises nor may lessee, his tenants, invitees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises. 9. 4uiet Possession. Lessee shall quit possession of all premises leased herein at the end of the primary term of this lease or any renewal or extension thereof, and deliver up the premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted. 10. Hold Harmless. Lessee shall indemnify and hold harmless Lessor from and against all loss and damages, including death, personal injury, loss of property or other damages, arising or resulting from the operation of Lessee's business in and upon the leased premises. 11. Chemicals. Lessee agrees to properly store, collect and dispose of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and to comply with all Local, State and Federal regulations Selvidge Lease Agreement - Page 7 III governing the storage, handling or disposal of such chemi- cals and paints. 12. Hazardous Activities. Should Lessee violate any law, rule, restriction or regulation of the City of Denton or the Federal Aviation Administration, or should the Lessee engage in or permit other persons or agents to engage in activities which could produce hazards or obstruction to air naviga- tion, obstructions to visibility or interference with any aircraft navigational aid station or device, wither airborne or on the ground, then Lessor shall state such violation in writing and deliver written notice to Lessee or Lessee's agent on the leased premises, or to the person(s) on the leased premises who are causing said violation(s), and upon delivery of such written notice, Lessor shall have the right to demand that the person(s) responsible for the viola- tion(s) cease and desist from all such activity creating the violation(s). In such event, Lessor shall have the right to demand that corrective action, as required, be commenced immediately to restore the leased premises into conformance with the particular law, rule or aeronautical regulation being violated. Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fail to cease and desist from said violation(s) and to immediately commence correcting the violation(s), and to complete said correc- tions within twenty-four (24) hours following written notification, then Lessor shall have the right to enter onto the leased premises and correct the violation(s), and Lessor shall not be responsible for any damages incurred to any improvements on the leased premises as a result of the corrective action process. D. SIGNS. During the term of this Agreement, Lessee shall have the right, at its own expense, to place in or on the lease Premises signs identifying Lessee. Said signs shall be of a size, shape and design, and at a location or locations, approved by the Lessor and in conformance with any overall directional graphics or sign program established by Lessor for the Airport. Lessor's approval shall not be withheld unreasonably. Said signs shall be maintained in good repair throughout the term of this agreement. Notwithstanding any other provision of this agreement, said signs shall remain the prop- erty of Lessee. Lessee shall remove, at its expense, all lettering, signs and placards so erected on the premises at the expiration of the term of this Agreement or extensions thereof. VI. COVENANTS BY LESSOR Lessor hereby agrees as follows: A. PEACEFUL EMPLOYMENT. That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to Selvidge Lease Agreement - Page 8 I be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted; B. COMPLIANCE. Lessor warrants and represents that in the establishment, construction and operation of said Denton Municipal Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations of adjoining property in the course of normal take-off and landing procedures from said Denton Municipal Airport; Lessor further warrants and represents that at all times during the term hereof, or any renewal or extension of same, that it will continue to comply with the foregoing. VII. SPECIAL CONDITIONS It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions. A. RUNWAYS AND TAXIWAYS. That because of the present sixty thousand (60,000) pound continuous use weight bearing capacity of the runway and taxiways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds or less, until such time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aeronautical Activity" referred to in this clause shall include that activity of the Lessee or its agents or subcontractors, and its customers and invitees, but shall not include those activities over which it has no solicitory part or control, such as an unsolicited or unscheduled or emergency landing. A pattern of negligent disregard of the provisions of this section shall be sufficient to cause the immediate termination of this entire Agreement and subject Lessee to liability for any damages to the Airport that might result. VIII. LEASEHOLD IMPROVEMENTS i A. REQUIREMENTS: Before commencing the construction of any improvements upon the premises, Lessee shall submit: Selvidge Lease Agreement - Page 9 ii 1. Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the lease premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure of the program established by Lessor on the Airport. 2. All plans and specifications showing the location upon the premises of the proposed construction; 3. The estimated cost of such construction. No construction may commence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construction and the agreed estimated life of the building or structure. Approval by the City Council shall not be unreasonably withheld; should the Council fail to deny Lessee's plans and specifications within sixty (60) days of submission thereof to the Council, such plans and specifications shall be deemed approved. Documentary evidence of the actual cost of construction on public areas only (such as taxiways) shall be delivered by Lessee to Lessor's City Manager from time to time as such costs are paid by Lessee, and Lessor's City Manager is hereby authorized to endorse upon a copy of this lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of the City Manager when endorsed by him upon said contract shall be conclusive upon all parties for all purposes of this agreement. B. ADDITIONAL CONSTRUCTION OR IMPROVEMENTS: Lessee is hereby authorized to construct upon the land herein leased, at his own cost and expense, buildings, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this lease, provided however, before commencing the construction of any improvements upon the premises, Lessee shall submit plans and specifications for approval by Lessor as specified in Article VIII.A., above. C. OWNERSHIP OF IMPROVEMENTS: All buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following conditions, terms and provisions: 1. Removal of Buildings. No building or permanent fixture may be removed from the premises. 2. Assumption. All buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically become the property of Lessor absolutely in fee without any cost to Lessor. Selvidge Lease Agreement - Page 10 l 3. Building Life. It is agreed that the life of the building to be constructed by Lessee on the property herein leased is thirty (30) years. 4. Cancellation. Should this lease be cancelled for any reason before the end of the thirty (30) year expected building life, it is especially understood and agreed that Lessor reserves the right to purchase all buildings, structures and improvements then existing upon the premises by tendering to Lessee one thirtieth (1/30) of the undepreciated value of such building for each year remaining on the agreed life of such building. The undepreciated value of all improvements is to be determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisers. IX. SUBROGATION OF MORTGAGEE Any person, corporation or institution that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, struc- ture, building or improvement shall, upon default of Lessee's obligations to said mortgagee, have the right to enter upon said leased premises and operate or manage said hangar, structure, building or improvement according to the terms of this Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes first, but in no event longer than the term of this lease. It is expressly under- stood and agreed that the right of the mortgagee referred to herein is limited and restricted to those improvements constructed with funds borrowed from mortgagee. X. RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of providing underground utility services to, from or across the airport property or for the construction of public facilities on the Airport. How- ever, any such easements shall not interfere with Lessee's use of the leased premises and Lessor shall restore the property to orig- inal condition upon the installation of any utility services on, in, over or under any such easement or the conclusion of such construc- tion. Construction in or at the easement shall be completed within a reasonable time. XI. ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this lease, convey more than ten percent (10%) of the interest in his business, through the sale of stock or otherwise, transfer, license, nor sublet the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down space, without the Selvidge Lease Agreement - Page 11 I i except for rental of hangar space or tie-down space, without the written consent of Lessor. Lessor agrees that it will not unreason- ably withhold its approval of such sale, sublease, transfer, license, or assignment of the facilities for the airport related purposes; provided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if the rental, fees or payments, received or charged are in excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion of the premises proposed to be assigned, subleased, transferred, licensed, or otherwise. The provisions of this lease shall remain binding upon the assignees, if any, of Lessee. XII. INSURANCE A. REQUIRED INSURANCE: Lessee shall maintain continuously in effect at all times during the term of this agreement, at Lessee's expense, the following insurance coverage: 1. Comprehensive general liability covering the leased premis- es, the Lessee or its company, its personnel, and its operations on the airport. 2. Aircraft liability to cover all flight operations of Lessee. 3. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement. 4. Liability insurance limits shall be in the following minimum amounts: Bodily Injury and Property Damage: One Million Dollars ($1,000,000) combined single limits on a per occurrence basis. 5. All policies shall name the City of Denton as an additional named insured and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policy. 6. All policies must be approved by the Lessor. 7. The Lessor shall be provided with a copy of all such policies and renewal certificates. During the term of this lease, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any Selvidge Lease Agreement - Page 12 such insurance requirements as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport in size and in scope of aviation activities, located in the southwestern region of the United States. Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of this lease, including types of insur- ance and monetary amounts or limits of insurance, and to comply with said insurance requirements within sixty (60) days following the receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force both types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. In the event that State law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State law. Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease. XIII. CANCELLATION BY LESSOR In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may terminate this lease by written notice to Lessee. In the event of default, Lessor has the right to purchase any or all structures on the leased premises under the provisions of Section VIII Paragraph C.4. (Cancellation) hereof. XIV. CANCELLATION BY LESSEE Lessee may cancel this Agreement, in whole or part, and termi- nate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuance by any court of competent juris- diction of a permanent injunction in any way preventing or restrain- Selvidge Lease Agreement - Page 13 ing the use of said airport or any part thereof for airport pur- poses; (2) the breach by Lessor of any of the covenants or agree- ments contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regula- tion of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty; or (4) the assumption or recapture by the United States Government, or any authorized agency thereof, of the maintenance and operation of said airport and facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the leased premises cannot be used for aviation purposes, then the Lessee may cancel this lease as aforesaid, or may elect to continue this lease under its terms, except, however, that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. XV. MISCELLANEOUS PROVISIONS A. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. BINDING EFFECT. All covenants, stipulations and agreements herein shall extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto. C. SEVERABILITY. If a provision hereof shall be finally declared void or illegal by any court or administrative agency hav- ing jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. D. NOTICE. Any notice given by one party to the other in connection with this agreement shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid as follows: 1. If to Lessor, addressed to: City Manager City of Denton Denton, Texas 76201 Selvidge Lease Agreement - Page 14 2. If to Lessee, addressed to: Mr. John Selvidge Route 1, Box 330 Sanger, Texas 76266 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. E. HEADINGS. The headings used in this Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement. F. GOVERNING LAW. This Agreement is to be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF DENTON, TEXAS, LESSOR BY: BOB CASTLEBERRY, MAYO ATTEST: MIJ F, dvp. NNIFE WALTERS, CITY SECRETARY ITY O DENTON, TEXAS APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS JOHN K. SELVIDGE, LESSEE Selvidge Lease Agreement - Page 15 f~~ THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of 1995 by John K. Selvidge. N RrYJ PUBLIC, STATE OF TEXAS ~ My Commission Expires: ~~p~•"!'~~, JEANETTE SCOTT NOTARY PUBLIC, STATE OF TEXAS My Commission Expires March 31,1997 f OF I i I~ I Selvidge Lease Agreement - Page 16 YU I I CITY OF DENTON, TEXAS ROUTE 1, BOX 100 - DENTON, TEXAS 76207 • TELEPHONE (817) 383.7736 8171383.7702 - DFW METRO 434-2529 Denton Municipal Airport MEMORANDUM TO: Jennifer Walters, City Secretary FROM: Jeanette Scott, Airport DATE: January 2, 1997 SUBJECT: Resolution 95-021 The above referenced Resolution approves a lease agreement between the City of Denton and John Selvidge. Mr. Selvidge notified us that his address has changed to 1104 Lynhurst Ln,, Denton, TX 76205. Please notate this information on page 15 of the lease, or attached this memorandum. As always, your assistance is appreciated. Thanks! J nette Scott js seladd.wpd 'Dedicated to Quality Service" ~ Eal- ~ o LLJ E W ri r X ~,~S r~J to ~~S~fFT ~tI~S~~JJ~. 9M `~li, fa=r j rwl~F~ e~.7r LU V7 ~ o_ E 0 L1.1 ° a_ . z ar Z o4 O O i I~ FIELD NOTES TO 0.615 ACRE TRACT ALL that certain lot, tract, or parcel of land situated in the T. Toby Survey A-1285, Denton County, Texas, being part of that certain 2.196 acre tract of land described in a lease agreement between Brown & Brown, a partnership, and the City of Denton, Texas as shown on a plat showing 2.196 acres and signed by Jerald D. Yenson, R.P.L.S. No. 4561 dated September 6, 1994, Job No. 946269, and being a tract as calculated and compiled from the above referenced plat by Joy C. Green, R.P.L.S. No. 1797 on January 31, 1995 and being more particularly described as follows: BEGINNING at the southwest corner of Tract C as shown on the above referenced plat; THENCE north 00 01' 22" east a distance of 148.31 feet to a point for corner; THENCE north 890 21' 10" west a distance of 17.15 feet to a point for corner; THENCE north a distance of 11.3 feet to a point for corner; THENCE east a distance of 145.18 feet to a point for corner; THENCE south 250 38' 44" east a distance of 177.27 feet to a point for corner; THENCE west a distance of 204.82 feet to the Point of Beginning and containing 0.615 acres of land. a 1V El F E 8 1995 t.,CITY OF DENTON AEEOO4cs LEGAL DEPT. F_: I W,- g ~m ` Ordinance ~n5~,-r B \POSTPON RES RESOLUTION NO A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF APRIL 4, 1995 TO APRIL 11, 1995, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the regular Council meeting of the City of Denton scheduled for April 4, 1995 is hereby postponed to April 11, 1995, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the regular Council meeting to be held on April 4, 1995 be postponed until April 11, 1995 SECTION II. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1995 BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY e~) BY A ROVED AS TO LEGAL FORM- MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY G~ Cy E \WPDOCS\RES\EMISSION TST RESOLUTION NO fC ~O✓ A RESOLUTION OF THE CITY OF DENTON, TEXAS SUPPORTING A FAIR AND COST EFFECTIVE VEHICLE EMISSIONS TESTING PROGRAM AND FEDERAL AIR QUALITY REQUIREMENTS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, four of the sixteen counties which comprise the North Central Texas Council of Governments' service area have been designated as Non-Attainment Areas under the Federal Clean Air Act Amendments of 1990, and WHEREAS, the remaining twelve counties could possibly be brought into the Non-Attainment Area should the four county area not reach attainment by 1996, and WHEREAS, one control measure for reaching attainment is known as centralized vehicle emissions testing, and WHEREAS, this centralized system has been challenged and may be replaced with a hybrid program calling for some automobiles based on their age being tested at centralized facilities and others at decentralized facilities, and WHEREAS, the science on which control measures are based is now being questioned, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Council hereby supports a fair and cost-effective program that ensures a healthy atmospheric environ- ment SECTION II That the City Council requests a committed effort by the appropriate state elected officials and members of the Texas Natural Resource Conservation Commission to secure the most convenient and cost effective vehicle emissions testing program possible which grants full credits under the State Implementation Plan SECTION III, That the City Council supports enactment of federal legislation which extends the Clean Air Act deadline for achieving the air quality standards in the four county non- attainment area from the year 1996 to 1998 so that the Act can be revisited for the purpose of reviewing its underlying science to assure that the assumed extent and causes of the air pollution problems in the North Central Texas region are as accurate as possible and that the control measures designated to abate this pollution are cost effective SECTION IV, That this resolution shall become effective immediately upon its passage and approval i PASSED AND APPROVED this the day of 1995 Al 6 BOB CASTLEBERRY, MAY ATTEST JENNIFER WALTERS, CITY SECRETARY BY gzz AP OVED AS TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY BY PAGE 2 E \WPDOCS\RES\TNRCC APP RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING THE CITY'S SUBMITTAL OF A LANDFILL PERMIT APPLICATION TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION FOR THE PROPOSED EXPANSION OF THE CITY'S MUNICIPAL LANDFILL LOCATED ON MAYHILL ROAD, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton owns and operates a municipal landfill located on Mayhill Road which has been in operation since 1985, and WHEREAS, for the fiscal year 1992-93, the landfill operation disposed of over 450,000 uncompacted cubic yards of solid waste (255,000 compacted cubic yards) and at this rate of fill, current estimates indicate that the remaining landfill space (500,000 cubic yards) will be fully utilized by mid-1997, and WHEREAS, in order to continue to dispose of the City's waste at the municipal landfill, the landfill must be expanded, and WHEREAS, the City has employed the firm of HDR to assist in the preparation of a landfill permit application to expand the Mayhill Road landfill, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Council of the City of Denton hereby supports the submittal of a landfill permit application to the Texas Natural Resource Conservation Committee for the expansion of its current municipal solid waste landfill SECTION II That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the. day of 1995 BOB CASTLEBERRY, MA OR ATTEST JENNIFER WALTERS, CITY S CRETARY BY AP ED AO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY BY c - 3 1 n 3 k , + 4' , ttt I ~ ~ S P Y! y I Ou fi u Men t 9i ( Ip}iT , Pxl 7 ~I t if a i ; , 3 i # ~I t t i 'ti tiff, ~4 1~ t Ir ! ~6 ~r 1 ~ l 1L f I 1 1 L+ I '~r~sn i ~ + l a all} P t r 11 k I ~F I ~ X111 r ~i~lt r,l I 1~ i i~ I i 4G 4 1 p tl " , Fk~ E` I` I ~r a if E~pp iF illy ~ ~I yP ~ i` ~}I~\{ I 1 j' r i Lf 1 {p 1 S~ ~1 1111 Ni if iIF I d~ ~ I { i 1 1 I 4 ~ rF 4~~ 1 IA ~p Y 1 ~16 9 } 1 lp rl ' ~ I r Ik }rk) is rf I Il ~ , , ~ I ~bl 1 ~~t a rr ,Y I I ,tip (71~_# I I I n 81 r°r ! I r 6 I I ' , Fy , YID sl r r i 1 ~ A II ` I 11 ' Ilr I I 1 'r `u .}ll „rjl I.I ' 4 I 'S ' I I ix , If R' f P P L II L 1 ~ G ¢ II I,k ~ I di r ;4 ¢ f i4 t~ i a (IE i ~ ' a ~ 1~ ~ ~ I{ 1~1 ~ ; t y f l ~ 11~P 6 fef ~ II i II k~ t 1 ' ~iiel ~ ` e + K I I„~, la 1 .r+ r 1 l t~b ~I fIf 111 s' " ~1`i i f~ ~ 3 i~ I r l Fu sib 'a{ 1 1 if 1 If ~ 1 I i754>IIA I rl, s i t 1 `1~~' 'FI s +a I I 5 F ~ f 1 r r! 6 I , i rl kl r 1 I t it t 1, 1 f•' , I I i! 1 t i I I ~I ~ ~r r1 , ~ I 7 ``1 Y f 1 i1 F 11 I It i' Ilt ,Y yl~ 4 1' 1 } i f rl ~lEE{ .1 +I h~ I~ ~11 tk11~ E \WPDOCS\RES\SANQERQU R RESOLUTION NO 0-5-:!0as A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO SOLICIT FROM THE PUBLIC, SEALED BIDS ON PROPERTY LOCATED AT 1128 E HICKORY AND TO CONSENT TO THE SALE OF SAID PROPERTY TO THE HIGHEST BIDDER EVEN IF THE BID TENDERED IS LESS THAN THE MARKET VALUE OF THE PROPERTY SPECIFIED IN THE JUDGEMENT OF FORECLOSURE OR THE TOTAL AMOUNT OF THE JUDGEMENT AGAINST THE PROPERTY, AND TO EXECUTE ANY QUITCLAIM DEEDS NECESSARY TO CONVEY THE PROPERTY UPON SALE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Cause No 94-00569-362, was filed in the District Court of Denton County, Texas to collect delinquent taxes on the following described property Lot 1, Block 4 out of Abstract 1184 of the Cisco Survey, Solomon Hill 1 Addition, an Addition to the City of Denton, Denton County, Texas being that property more particularly described in Vol 204, Page 487 and Vol 472, Page 141 of the Deed Records, Denton County, Texas WHEREAS, the District Court of Denton, Texas granted Judgement on February 23, 1995, in favor of the taxing jurisdictions of Denton County as follows County of Denton $ 619 68 City of Denton $ 2,773 07 Denton Independent School District $ 3,271 20 and Denton County Education District Total Due $ 6,663 95 Market Value $ 7,350 00 WHEREAS, the property has been offered for sale on April 4, 1995, by the Sheriff of Denton County at public auction pursuant to judgment of the District Court of Denton County, Texas, for foreclosure of the tax liens securing payment of delinquent property taxes and accrued penalty and interest, and WHEREAS, said property did not receive a sufficient bid as set by law and has been struck off to the City of Denton, Trustee, in trust for itself, the County of Denton, Denton Independent School District and Denton County Education District pursuant to Section 34 01 (c) of the Property Tax Code, and WHEREAS, the taxing units involved desire to resell said property in an expeditious manner pursuant to Section 34 05 of the Property Tax Code, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council does hereby authorize the Trustee to solicit from the public sealed bids on the said property and does hereby consent to the sale of said property to the highest bidder even if the bid tendered is less than the market value of the property specified in the judgment of foreclosure or the total amount of the judgment against the property SECTION II That the Mayor is hereby authorized to execute any quitclaim deeds necessary to convey the property upon sale SECTION III That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 4_ day of 1995 BOB CASTLEBERRY, MAY ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP VED TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY BY I 124y A PAGE 2 E \WPDOCS\RES\SANGRQU RES RESOLUTION NO JA~ -OA6 A RESOLUTION OF THE CITY OF DENTON, TEXAS CONSENTING TO THE SALE OF PROPERTY LOCATED ON THE WEST SIDE OF I-35 APPROXIMATELY 1,300 FEET NORTH OF WHERE RECTOR ROAD CROSSES I-35, STRUCK OFF TO SANGER INDEPENDENT SCHOOL DISTRICT IN TRUST FOR THE PAYMENT OF DELINQUENT PROPERTY TAXES, ACCRUED PENALTY AND INTEREST, AND COSTS FOR THE TOTAL PURCHASE PRICE OF TWENTY-SEVEN THOUSAND, NINE HUNDRED TWENTY- FIVE DOLLARS AND FORTY-FOUR CENTS ($27,925 44), AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED TO SANGER INDEPENDENT SCHOOL DISTRICT EVIDENCING SAID CONSENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Cause No 89-1057-B, Sanger Independent School District et al vs I-35 Loan Oak Corporation was filed in the 158th District Court of Denton County, Texas to collect delinquent taxes on the following described property, to wit 2 02 Acres (Tract 15B) (Inside City) out of Abstract 249, Coker Survey, Denton County, Texas being that property more particularly described in Volume 2032, Page 760 of the Deed Records, Denton County, Texas, and 16 40 Acres (Tract 15B) (Outside City) out of Abstract 249, Coker Survey, Denton County, Texas, being that property more particularly described in Volume 2032, Page 760 of the Deed Records, Denton County, Texas, and 186 Acres (Tract 2) (Inside City) out of Abstract 65, Burleson Survey, Denton County, Texas, being that property more particularly described in Volume 2032, Page 760 of the Deed Records, Denton County, Texas, and 1 394 Acres (Tract 2) (Outside City) out of Abstract 65, Burleson Survey, Denton County, Texas, being that property more particularly described in Volume 2032, Page 760 of the Deed Records, Denton County, Texas, and WHEREAS, the District Court of Denton County, Texas granted Judgment on May 14, 1992, in favor of the taxing jurisdictions of Denton County, as follows County of Denton $ 3,806 64 Sanger Independent School District $15,499 52 City of Denton $ 1,951 46 Denton County Education District $ 2,038 11 Clear Creek Watershed Authority $ 15 48 TOTAL DUE $23,311 21 WHEREAS, said property was offered for sale by the Sheriff of Denton County at public auction pursuant to said judgment of the District Court of Denton County, Texas, for foreclosure of the tax liens securing payment of delinquent property taxes and accrued penalty and interest, and WHEREAS, said property did not receive a sufficient bid as set by law was struck off to the Sanger Independent School District, Trustee, in trust for itself, the County of Denton, City of Denton, Denton Education District and Clear Creek Watershed Authority, pursuant to Section 934 01 (c) of the Property Tax Code, and WHEREAS, the taxing units involved desire to resell said property in an expeditious manner pursuant to Section X34 05 of the Property Tax Code, and WHEREAS, Sanger Independent School Districts desires to purchase the property from Sanger Independent School District, Trustee for full payment of the amount for which said property was offered for sale by the Sheriff of Denton County, Texas, to wit Twenty-seven Thousand, Nine Hundred Twenty-five Dollars and Forty- four Cents ($27,925 44) (including post-judgment interest and court costs), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council does hereby and herewith consent to the sale of the above described property to Sanger Independent School District SECTION II That the City Council does hereby authorize the Mayor to execute a quitclaim deed conveying said property to Sanger Independent School District for the total purchase price of Twenty- seven Thousand, Nine Hundred Twenty-five Dollars and Forty-four Cents ($27,925 44) in order to evidence consent to said sale SECTION III That this resolution shall become effective immediately upon its passage and approv 1 ^ PASSED AND APPROVED this the; y of G/~~cY 1995 BOB CASTLEBERRY, MAYO ATTEST JENNIFER WALTERS, CITY SECRETARY BY 11 DL 4_ A VEDA TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY BY n X RJ E~ ~V PAGE 2 APP0087B RESOLUTION NO.6?-5--W 9 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING HERBERT L. PROUTY AS CITY ATTORNEY FOR THE CITY OF DENTON; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR HIS TERMS OF EMPLOYMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 2.08 of the Charter of the City of Denton authorizes the City Council to appoint a City Attorney; and WHEREAS, Article VI, Section 6.01 authorizes Council to set the compensation for the City Attorney. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES Section I. That Herbert L. Prouty is hereby appointed as City Attorney of the City of Denton, Texas. Section II. That the Mayor is authorized to execute an agreement with Herbert L. Prouty, providing for substantially the same terms of employment as provided in attached agreement, a copy of which is attached hereto and incorporated by reference herein SS ction III. This resolution shall become effective immedi- ately upon its passage and approval PASSED AND APPROVED this theday of , 1995. l~C BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ` BY AP ROVED AS TO LEGAL FORM: CITY ATTORNEY'S OFFICE D BY 0TiL. APP0087C EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this ®7h day of P it 11_ , 1995 by and between the City of Denton, Texas, a Municipal Corporation of the State of Texas, hereinafter referred to as "City" and Herbert L. Prouty, hereinafter referred to as "City Attorney". WITNESSETH: la. The City Council of the City of Denton hereby engages the employment services of Herbert L. Prouty as City Attorney of the City of Denton, Texas, to perform the functions and duties specified in the City Charter, the City Code, and the laws of the State of Texas, and to perform such other legally permis- sible and proper duties and functions as the City Council shall from time to time assign. (Exhibit A - Job Descrip- tion). 2a. The City Council agrees to pay Herbert L. Prouty for his services a monthly base salary of $7,434.27 42.89 hourly) payable in installments at the same time as other employees of the City are paid. 2b. The City Council agrees to pay for the benefits program of Herbert L. Prouty (Health Insurance, Life Insurance, Long-term Disability Insurance, Retirement under the Texas Municipal Retirement System, and other benefits as provided to other executive employees of the City). 2c. The City Council agrees to annually make payments to the deferred compensation program at 4% of annual compensation This amount may be increased from time to time by vote of the City Council. 2d. The City Council agrees that it is in the best interest of Herbert L. Prouty to have an opportunity to re-establish his retirement benefit in the Texas Municipal Retirement System (TMRS). To that end, the City Council shall adopt an updated Prior Service Buy Back Provision as established under Section 853.003, Title 8, Subtitle G, Texas Government Code, as amended, to be effective June 12, 1995. The Texas Municipal Retirement System provision will apply to all eligible employees at the time adopted by the City Council. 2e. The City shall pay for moving household goods and other relocation expenses of Herbert L. Prouty and his family as provided in the City's policies and procedures. 3a An annual performance review will be conducted by the City City Attorney Employment Agreement City of Denton, Texas Page 2 Council during the time set aside each year for other Council appointees. City Council agrees to increase said base salary, fringe or other benefits in such amounts and to such an extent as the City Council may determine that it is desirable to do so on the basis of the annual performance review made at the same time as similar consideration is given to other Council appointees. 4a. It is recognized that the City Attorney has to devote a great deal of his time outside normal office hours to business of the City, and to that end, the City Attorney will be allowed to take compensatory time off as he shall deem appropriate during said normal office hours; provided, however, the City Attorney shall devote his entire time to the performance of the duties and shall not spend more than ten (10) hours per week in teaching, consulting, or other non-City connected business without the prior approval of the City Council. 4b. The City Council hereby agrees to budget and pay the travel and subsistence expenses of the City Attorney for professional and official development and to adequately pursue necessary official and other functions for the City, including but not limited to the National Institute of Municipal Law Officers, Texas City Attorney's Association and such other national, regional, state or local governmental groups and committees thereof which the City Attorney services as a member. 4c. The City Council also agrees to budget and pay for the travel and subsistence expenses of the City Attorney for short courses, institutes and seminars that are necessary for his professional development and for the good of the City of Denton. 4d. The City Council agrees to budget and pay the professional dues and subscriptions of the City Attorney necessary for his continuation and full participation, including the holding of responsible offices in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the City of Denton 5a. Before voluntarily resigning his position, Herbert L. Prouty, agrees to give the City Council at least thirty (30) days notice in writing of his intention to resign, stating the reasons therefor. 5b. The City Attorney serves at the will and pleasure of the City Council. In the event of his involuntary separation as City Attorney, he shall be entitled to receive a lump sum payment equal to 180 days aggregated salary; provided, however, that in the event of his termination because of his conviction for any offense involving moral turpitude or an illegal act involving personal gain to him, or as provided in Section 87.013 of the Local Government Code any act of incompetency, official misconduct, or intoxication on or off duty caused by City Attorney Employment Agreement City of Denton, Texas Page 3 drinking an alcoholic beverage; then, in those events, the City shall have no obligation to pay the aggregate severance sum designated herein. 5c. Involuntary separation as used in this paragraph means: (1) his discharge or dismissal by the city Council; or (2) his resignation following a reduction in salary or other financial benefits of the City Attorney in a greater percentage than an applicable across-the-board reduction for all City employees; or (3) in the event the City refuses, following a written notice, to comply with any other provision benefiting the City Attorney herein; or (4) the City Attorney resigns, following a suggestion, whether formal or informal, by the City Council that he resign. Then, in the event of one of these occurrenc- es listed above, the City Attorney may at his option be deemed to be "terminated" at the date of such reduction in pay or such refusal to comply within the meaning and context of the herein severance pay provision. 6a. All provisions of the City Charter, City Code, and Rules and Regulations of the City adopted by the City Council relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall apply to the City Attorney as they would to other employees of the City, in addition to said benefits enumerated specifically for the benefit of the City Attorney, except as herein provided. The City Attorney shall be entitled to receive the same vacation and sick leave benefits as are accorded other department heads, including provisions govern- ing accrual and payment therefor on termination of employment 7a. This agreement shall be effective commencing June 12, 1995 and shall continue for a period of at least two years or until terminated by either party as provided herein. If the agreement is terminated prior to June 12, 1997, Mr. Prouty s}~all be entitled to severance pay only as provided for in paragraph 5b above, and shall not be eligible to be paid for the remaining term of this agreement. IN WITNESS WHEREOF, City has caused this Agreement to be signed in its name by Bob Castleberry, Mayor, and its cooperate seal to be hereunto affixed and attested by its City Secretary, and the City Attorney has hereunto set his hand and seal the day and year first above written. CITY ATTORNEY CITY OF DENTON, TEXAS AZj_t,7't! Herbert L. Prout Bob Castleberry, May r City of Denton, Tex a City Attorney Employment Agreement City of Denton, Texas Page 4 ATTEST: ~ /Z wl~ J fifer a Walters, City Secretary C of nton, Texas city Attorney Uployment Agreement City of Denton, Texee peps b AAPROVED AS TO IsZOAL FOAHs settye Springer, Attorney Haynes i Boone may, o i ' ' ~ LPdI(J,d Herbert L Prouty r 'It L Attorney at Law 1995 MAY -3 AM 10 06 706C Espada Drive El Paso, Texas 79912 April 30, 1995 Honorable Bob Castleberry Mayor City of Denton, Texas Denton Municipal Complex 601 E Hickory, Suite A Denton, Texas 76502 RE Appointment as City Attorney Dear Mayor Castleberry Thank you for your letter of April 26, 1995 informing me that the Denton City Council has appointed me as City Attorney I am excited about working with you , the rest of the City Council and the City staff to achieve your vision for Denton's future You will find enclosed the original of the employment agreement which I have signed I appreciate all the courtesy shown me by you , the rest of the City Council, Tom Klinck and the other members of the City staff My family and I are looking forward to our move to Denton Please do not hesitate to contact me at (915) 594 -5507 (work) or (915) 581 - 6098 (home) should you need to contact me prior to my move Sinly, cer Herberet L Prouty HLP/pup Enclosure I I d ~ pie 1 1 I 1 I i y i 1 f ' nt M I II N(xt, f F# L 3 f ' { F t~ 1 f I I ~ ~ r f I t i i I I y i f I ` I t I I t i_ t j } x I , i I 1 II i ' t + I I n I I I y k ' I y i I I I 1 t t I ~ ~ + t I i i i I I I it it I I f I ~ I F 1' I I I r 1 s I x -F B \BW R RESOLUTION NO & A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities, and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income, and WHEREAS, the City of Denton, Texas, as a CDBG entitlement City, has prepared, through a citizen participation process, a program for utilizing its entitlement funds and program income in the approximate amount of $1,273,369, and WHEREAS, the City of Denton, Texas, has been designated as a participating jurisdiction under the HOME Investment Partnerships Program and has developed a program for utilizing its HOME funds and program income in the approximate amount of $502,500, and WHEREAS, citizen participation requirements, including the holding of public hearings, have been met, and WHEREAS, the Community Development Act of 1974 and the National Affordable Housing Act of 1990 require an application and appropri- ate certifications included in the Consolidated Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council of the City of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development a Consolidated Plan and appropriate assurances for entitlement funds under the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended SECTION II That the City Council of the City of Denton, Texas, authorizes the Executive Director of Planning and Develop- ment to handle all fiscal and administrative matters related to the application, the Consolidated Plan and the assurances SECTION III. That the City Secretary is hereby authorized to furnish copies of this resolution to all interested parties SECTION IV. That this resolution shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the chd day of 1995 BO CASTLEBERRY, MAY ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY BY PAGE 2 r t r ~ 1 I i ' Nek Docu ent r r I a; f r IT 1 I i ~ s i c r i ~ 1° 4 r I } ~ 1 1 ~ k 4 I i , I f i f i I ' _ r I I e ~ i ~ I r r 1 li ~ ' f s I t I ~ f 1 I I i 1 I S S k ~ S ~ S I I i k I r i j k t I E \WPD0C8\RES\0KCALL RESOLUTION NO A RESOLUTION ADOPTING POLICY NO 106 06 "RESPONSE TIME AND ON-CALL DUTY", AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Director of the Human Resources Department for the City of Denton has presented a proposed policy regarding employee rules and regulations for the Council's consideration, and WHEREAS, the City Manager recommends adoption of the policy and the City Council desires to adopt such policy as an official policy regarding employment with the City, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the following policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas 106 06 Response Time and On-Call Duty SECTION II That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the City Secretary SECTION III, That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the S4:- day of 1995 BOB CASTLEBERRY, MAYO ATTEST JENNIFER WALTERS, CITY SECRETARY BY b APPR D AS LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY BY ~~i / /Ar /!J a/ CITY OF DENTON PAGE___I_OF 2 POLICY ADMINISTRATIVE PROCEDURE ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER rSECM7N PERSO NNEL EMPLOYEE RELATIONS 106 06 EFFECTIVE DATE CT WAGE AND SALARY PLAN 06/01195 TITLE REPLACES RESPONSE TIME AND ON-CALL DUTY POLICY STATEMENT: Although residency within the city limits is not a condition of employment per City policy and State law, there are certain positions that require a reasonable response time to calls outside normally scheduled work hours. This policy defines and establishes the City's pay practices and administrative procedures for response time and on-call duty. Department directors shall establish standards, written procedures, and schedules for reasonable response times and on-call duty based on departmental operations. DEFINITIONS: I. On-Call A An on-call period shall be a period of time during which an employee is advised by his/her supervisor to be accessible for return to work for operational requirements that may develop outside normally scheduled work hours. B If an employee can use his/her time effectively for personal purposes during the on-call period, even though s/he must carry a beeper or leave a telephone number where s/he can be reached, the time will not be compensated or credited as time worked. II. Resoonse Time A. Response time is the length of time required for a reasonable response to an on-call request. B. Departmental response times may vary between fifteen (15) and thirty (30) minutes, depending on business necessity. ADMINISTRATIVE PROCEDURES: I. Department directors shall establish reasonable, minimum response times (between 15 and 30 minutes) for their departments II Department directors shall develop on-call schedules with no preferential treatment given to any employee based on departmental operations Qualified employees are to be scheduled on a rotation basis to prevent fatigue and safety hazards from too many long hours. III Employees who are on-call shall be paid only for time worked or a minimum of one (1) hour if called back to work outside hie/her normal work schedule, whichever is greater. In accordance with the Fair Labor Standards Act (FLSA), if an employee is called out, paid time will include travel time as time worked IV Time worked while on-call will be calculated at the employee's regular rate of pay, overtime compensation is applicable only when total hours worked exceeds the regular full-time work week (i e , generally forty (40) hours per week for all City employees, except Civil Service Fire Fighters, where the exception is fifty-six (56) hours per week) See Overtime, Policy 1106 04 A 4A0'_EQl PAGE 2 OF 2 =ADNINISTRATIVE CEDURE ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE W"ER ALL DUTY 106.6 - V. Employeeswho are on-call must adhere to all city policies including the Anti variance from such policiesSubstance mayAbuse result in disciplinary actions,_ including termination. annueven ree RESOLUTION NO 5 ~3D A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING AN ORDINANCE FORMAT TO BE USED IN GRANTING TO PERSONS RESPONSIBLE FOR ANNUAL EVENTS, WHICH HAVE DEMONSTRATED A HISTORY OF PAST RESPONSIBLE COMPLIANCE WITH THE CITY'S NOISE ORDINANCE, EXCEPTIONS TO THE LIMITATIONS IMPOSED BY SECTION 20-1(c)(2) OF THE CODE OF ORDINANCES OF THE, CITY OF DENTON, TEXAS, WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM, PURSUANT THE PROVISIONS OF THAT SECTION. WHEREAS, a number of annual events taking place in the City of Denton utilize amplified loudspeaker systems in connection with their festivities, and WHEREAS, many of these events contribute to an increased quality of life for many of Denton's citizens, and help to promote tourism and commerce, and WHEREAS, many of these events seek authorization from the City Council to utilize such loudspeaker systems after the hours normally approved by the Code of Ordinances, and WHEREAS, the City Council wishes to recognize and reward those organizations sponsoring annual events which have demonstrated a past history of responsible operation of such amplified loudspeaker systems by eliminating the need to seek authorization for the same event each year, and WHEREAS, the City Council hopes that such a program will provide an incentive for other annual events to operate amplified loudspeaker systems in a responsible fashion, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION I That the ordinance format attached hereto as Exhibit A is hereby approved for granting ongoing exceptions to Section 20-1(c) (2) of the Code of Ordinances of the City of Denton, Texas, with respect to hours of operation of amplified loudspeaker systems, pursuant the provisions of that section ~ECTION II That, in order to qualify for consideration of an ordinance of the type attached hereto, the City Council intends that such annual events shall have demonstrated a minimum of three consecutive years of responsible activity in connection with the use of such amplified loudspeakers pursuant to prior ordinances granting exceptions to Section 20-1(c)(2) of the Code of Ordinances of the City of Denton, Texas SECTION III. That the duration of ordinances of the format attached hereto should not ordinarily exceed three years SECTION IV, That this resolution shall become effective imme- diately upon its passage and approval PASSED AND APPROVED this the 4b day of /."w 1995 BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY ~ BY APP ED AS TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY B L PAGE 2 annueven ord ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1(c)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM, AND SETTING AN EFFECTIVE DATE WHEREAS, pursuant to §20-1(c) (2) of the Code of Ordinances of the City of Denton, Texas, (name of person or entity responsible) has made application to the City Council for an exception to the provision of that same section restricting the operation of ampli- fied loudspeakers after 10 00 p m , in connection with the (name of anO4 l event) annual event held at (location of event) , and in connection with said request, has requested the exception to be granted on an ongoing basis for said annual event at said location (state, time of event e.g., on the third weekend of each October)-, and WHEREAS, upon prior application and approval by the City Council of the City of Denton, Texas, (name of person or entity resP ss ible) has consistently demonstrated over the past of e r years an ability to responsibly operate amplified loud- speakers in connection with the (name of annual event) annual event held at (location of event) , at times past the hours defined in §20-1(c)(2) of the Code of Ordinances of the City of Denton, Texas, within the public interest and without materially disturbing persons of ordinary sensibilities in the immediate vicinity thereof, and WHEREAS, based upon this past history, the City Council of the City of Denton, Texas finds that granting an exception for this annual event on an ongoing basis, subject to the restrictions contained herein, would serve the public interest, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION i That, pursuant to §20-1(c) (2) of the Code of Ordinances, (name of person or entity responsible) is hereby granted an exception said section's 10 00 p m limitation upon the operation of amplified loudspeakers, subject to the conditions listed below- [list conditions here, which could include, among other things, the following:] 1 This exception is granted only in connection with the operation of the (name of annual event) annual event at (location of event) , on (state time of event, e.g., on the third weekend of each October) 2 (name of person or entity responsible) agrees to take full responsibility for ensuring that the conditions of this exception are met, and to take all reasonable measures necessary to avoid disturbing persons of ordinary sensibili- ties in the immediate vicinity of the event 3 (name of person or entity responsible) agrees to cease using amplified loudspeakers at (11:30 p.m.) 4 Under no circumstances shall the annual event employ the use of amplified loudspeakers between the hours of 12 00 mid- night and 7 00 a m 5 This ordinance confers no personal or property rights, and may be amended, modified, superseded or revoked in whole or in part at the will of the City Council of the City of Denton, Texas, without any advance warning, hearing or compen- sation, for any reason at all, or for no reason 6 This ordinance shall be strictly construed as an excep- tion granted pursuant to 520-1(c)(2) of the Code of Ordinances of the City of Denton, Texas The City of Denton, Texas expressly reserves unto itself and all other persons any and all legal remedies, civil or criminal, relating to excessive noise in connection with this annual event, and hereby dis- claims any promissory or equitable estoppel which might in any way impede the pursuit of such remedies by any person (add other provisions as desired, e.g., not within 300' of a church, school or hospital: not within 100, of residentially atoned property, etc.] SECTION II That this ordinance shall become effective immediately upon its passage and approval, and expire three years hence, unless sooner repealed, modified or rescinded PASSED AND APPROVED this the day of 19 BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY PAGE 2 APPROVED AS TO LEGAL FORM MICHAEL, A BUCEK, ACTING CITY ATTORNEY BY PAGE 3 B \POSTPON RES RESOLUTION NO A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF JULY 4, 1995 TO JULY 5, 1995, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the regular Council meeting of the City of Denton scheduled for July 4, 1995 is hereby postponed to July 5, 1995, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the regular Council meeting to be held on July 4, 1995 be postponed until July 5, 1995 SECTION II. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this theQ~day of 1995 BOB CASTLE BERRY, MAYO ATTEST. JENNIFER WALTERS, CITY SECRETARY BY APPRO ED AS 0 LEGAL FORM. HERBERT L PROUTY, CITY ATTORNEY BY J \wpdocs\re9\wa1-p1an res RESOLUTION NO !LJrL A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE APPLICATION OF WAL-MART STORES, INC FOR PLAN LINE FUNDS FOR CONSTRUCTION OF WATER AND SEWER LINES FOR A WAL-MART FACILITY NEAR THE SOUTHEAST INTERSECTION OF LOOP 288 AND SPENCER ROAD, AND DECLARING AN EFFECTIVE DATE WHEREAS, on February 19, 1991, the City Council passed Resolution R91-008, approving an infrastructure financing policy for the funding of water and sewer plan lines to encourage balanced growth and economic development, and WHEREAS, pursuant to said resolution, Wal-Mart Stores, Inc has applied for funding of water and sewer plan lines, and said application has been approved and recommended by both the Public Utilities Board and the Planning & Zoning Commission as being in substantial compliance with the terms of said policy, and WHEREAS, the City Council, upon consideration of the applica- tion and recommendation, agrees that the application meets the intent of the policy, that it will encourage balanced growth, and that it will further Denton's economic development by bringing a substantial amount of commerce into Denton from sales to customers living outside its boundaries, and WHEREAS, it appears from the detailed economic analysis, attached and fully incorporated herein as an exhibit, that the economic benefits projected from funding the project far exceed the projected capital investment, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION I That the Application of Wal-Mart Stores, Inc for plan line funding of water and sewer lines for a new Wal-Mart facility to be constructed on the southeast corner of Loop 288 and Spencer Road is hereby approved to the following extent, any inconsistencies with Resolution R91-008 are hereby ratified to the extent of any such inconsistency (A) The City of Denton will pay a maximum of $102,741 for the construction of approximately 1,810 feet of sixteen (1611) and twelve inch (1211) water line (B) The City of Denton will pay a maximum of $71,817 for the construction of approximately 990 feet of twelve inch (1211) sanitary sewer line (C) The City shall only pay the funds if Wal-Mart Stores, Inc develops the site for a commercial facility SECTION II That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the'-~O~- day of LLe 1995 4L&zh~~ BOB CASTLEBERRY, MAYO ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP OVED AS TO LEGAL FORM. 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LL. 0) Z z ~~y W Z Q J w J W JW H F- U)0: ~C 3 Z95006RS RESOLUTION NO /?9S-n33 A RESOLUTION AMENDING APPENDIX A OF THE DENTON DEVELOPMENT PLAN BY CHANGING THE BOUNDARIES FOR INTENSITY AREAS 77 AND 78 DEFINED THEREIN IN CONFORMITY WITH THE MAP ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT 1, BY EXTENDING THE BOUNDARY OF INTENSITY AREA 78 ALONG THE SOUTH SIDE OF I-35E TO STATE SCHOOL ROAD, AND REDUCING INTENSITY AREA 77 CORRESPONDINGLY TO ACCOMMODATE THE EXPANSION, AMENDING THE CONCEPT MAP OF THE DENTON DEVELOPMENT PLAN TO CONFORM THEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Paul Lockhart has petitioned the City of Denton for a zoning change for 4 2721 acres located within intensity area 77 as defined by Appendix A of the Denton Development Plan, and WHEREAS, the zoning change would require amending the Concept Map by expanding the boundary of Moderate Intensity Area 78 and reducing the boundary of Intensity Area 77 by a corresponding amount, and WHEREAS, the Planning and Zoning Commission has recommended approval of the amendments, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DENTON, TEXAS SECTION I. That Appendix A of the Denton Development Plan is hereby amended by adopting revised boundaries for Intensity Areas 77 and 78 as shown on Exhibit 1, attached hereto and incorporated herein by reference SECTION II That the Concept Map of the Denton Development Plan is hereby amended to conform with the revised boundaries herein established for Intensity Areas 77 and 78 SECTION III. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the iv_ day of 1995 BOB CASTLEBERRY, MAY R ATTEST JENNIFER WALTERS, CITY SECRETARY BY 61 61 APPROVED AS TO LEGAL FORM. HERBERT L PROUTY, CITY ATTORNEY B .s. c I/ fT e 9 ,ere -0 INTENSITY AREA # 77 I ~ I I I Scale 1: I I! 1 c 4 I I A I t ' I r D~uns.ent 11 F N f - i i 4 [ L ~ k I _I I I 1 1 t I ~ t I t I I y I { i t ~ i I F ' I { I I I' r i t I i I 1 1 1 I T 1 1 I 4 i I I I f I 1 i I f 1 i t i " l 1 I 1 I 1 ! i I I I I j I yy I ' I k I ! i I I ' {I t 1 ~ 1 ' C \wBDOCS\RES\ADVIS RES RESOLUTION NO A RESOLUTION AUTHORIZING THE CITY COUNCIL TO APPOINT A SPECIAL CITIZENS ADVISORY COMMITTEE FOR THE CAPITAL IMPROVEMENT PROGRAM, AND DECLARING AN EFFECTIVE DATE WHEREAS, in accordance with the City Charter of the City of Denton, Texas, the Planning and Zoning Commission has submitted a list of recommended capital improvements to be undertaken in the next five years, and WHEREAS, implementation of the capital improvements plan is an essential element of the goal of maintaining the quality of life of the community by providing for the necessary infrastructure, improvements and services to adequately serve the community, and WHEREAS, the City council has determined that it would be advisable to create a Special Citizens Advisory Committee to provide recommendations on the manner of implementing the capital improvements plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That a Special Citizens Advisory Committee shall be appointed to make recommendations to the City Council on the manner of implementing the City's five-year capital improvements plan SECTION II That the Special Citizens Advisory Committee shall be composed of (50) fifty persons of the community appointed by the council, (7) seven appointments per Councilmember and one Chairper- son appointed by the entire Council The Committee shall perform its functions in accordance with the intent of this resolution as directed by the Council SECTION III, That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /day of 1995 BOB CASTLEBERRY, MAY R ATTEST JENNIFER WALTERS, CITY SECRETARY BY 4~~ APPROVED AS TO LEGAL FORM HERBERT L PROUTY CITY ATTORNEY l BY PAGE 2 E \WPDOCS\RES\HOME 0 RESOLUTION NO A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDMENT TO THE 1995 CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED ON JUNE 6, 1995 TO THE U S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities, and WHEREAS, the City of Denton has a special concern for persons of low and moderate income, and WHEREAS, citizen participation requirements, including the holding of public hearings, have been met, and WHEREAS, the City of Denton as an entitlement City has prepared, through a citizen participation process, a program for utilizing its entitlement funds and program income in the approxi- mate amount of $1,273,369, and WHEREAS, the City of Denton, Texas as a participating jurisdiction under the HOME Investment Partnerships Program has developed a program for utilizing its HOME funds and program income in the approximate amount of $502,500, and WHEREAS, the City of Denton's request for approval of HOME funding must be reduced by $90,000 to ensure that program alloca- tions do not exceed available funding, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council of the City of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development an amendment to the 1995 Consolidated Plan previously submitted for approval and appropriate assurances for entitlement funds under the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended that reduces HOME funding to $412,500 and adjusts program allocations accordingly SECTION II. That the City Council of the City of Denton, Texas, authorizes the Executive Director of Planning and Develop- ment to handle all fiscal and administrative matters related to the amendment, the Consolidated Plan and the assurances SECTION III That the City Secretary is hereby authorized to furnish copies of this resolution to all interested parties SECTION IV That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1995 BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPR ED AS TO LEGAL FORM. HERBERT L PROUTY, CITY ATTORNEY BY / /GdL Page 2 E \NPDOCS\RES\MUN JUD RESOLUTION NO.~?j A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING ROBIN RAMSAY AS PART-TIME MUNICIPAL JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR HIS TERMS OF EMPLOYMENT; ESTABLISHING A TERM OF OFFICE FOR THE PART- TIME MUNICIPAL JUDGE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the City Council to appoint a part-time Municipal Judge to handle the judicial functions of the Municipal Court; and WHEREAS, Ordinance No. 94-014, adopted pursuant to TEX. GOVT CODE §30.982 (Vernon Supp. 1994) provides that the governing body of the City shall appoint the part-time Municipal Judge of the City of Denton Municipal Court of Record; and WHEREAS, TEX. GOVT CODE Chapter 30, Subchapter Y (Vernon Supp. 1994) provides that municipal judges shall serve for a term of office, and the Council wishes to establish a term of office of the part-time municipal Judge; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That Robin Ramsay is hereby appointed as part-time Municipal Judge of the Municipal Court of Record of the City of Denton, Texas for a one year term of office to commence July 18, 1995 and terminate at midnight July 18, 1996. SECTION II. That the Mayor is authorized to execute a contract with Robin Ramsay, providing for his terms of employment, a copy of which is attached hereto and incorporated by reference herein. SECTION III. This resolution shall become effective immediate- ly upon its passage and approval. PASSED AND APPROVED this the X~day of , 1995. BOB CASTLEBERRY, MAY R ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AP VED TO LEGAL FORM: HERBERT PROUTY, CITY ATTORNEY BY: H \WPDOCS\X\PART-TIM nD -G EMPLOYMENT AGREEMENT HIS AGREEMENT, made and entered into this ~G-N-- day of 1995 by and between the City of LDlent~on, Texas, a M ci 1 Corporation of the State of Texas, hereinafter referred to "C ty" and Robin Ramsay, hereinafter referred to as "Part- time Judge " WITNESSETH: 1 City does hereby agree to employ Robin Ramsay July 18, 1995 and continuing through midnight July 18, 1996, at a salary of $26 00 per hour for a minimum of twenty (20) hours a week, and providing the same benefits available to regular part-time City employees (e g , group health insurance - 1/2 of basic insur- ance premium for employee only coverage paid by City) 2 City does hereby agree to review the part-time Judge's compen- sation on an annual basis at the time the part-time Judge's performance is reviewed by the City Council 3 The part-time Judge will receive assignments and work schedules within the discretion of the Municipal Judge The part-time Judge agrees that he shall be available to perform and shall perform if directed, the duties set forth in the Assistant Municipal Court Judge lob description, a copy of which is attached hereto and incorporated herein as Exhibit "A" 4 The City hereby agrees to consider in the Court's annual budget request an allocation of funds for travel, registration costs and subsistence expenses for professional and official develop- ment programs for the part-time Judge and consider allowing the part-time Judge to attend functions as a representative for the City, including, but not limited to, the Texas Bar Convention, the Texas Municipal Judge's Association Meeting, non-mandatory short courses, institutes and training seminars relating to criminal law or responsibilities of judges (which qualify for continuing legal education credit), legal or governmental group meetings at the state or local level and committees thereof in which he serves as a member by reason of his appointment as a budge The City will budget and pay $600 for mandatory Dudicial education training 5 The City agrees to pay the part-time Judge's dues for the Texas Municipal Court Association The City hereby agrees to con- sider in the Court's annual budget request an allocation of funds for dues in state and local legal associations and organizations necessary and desirable for his continued profes- sional participation, growth and advancement, and for the good of the City of Denton The city also agrees to purchase a judicial robe for the part-time Judge The city will not pay for occupational taxes assessed the part-time Judge or for local bar association dues 6 During this Agreement, the part-time Judge shall comply with all provisions of the Code of Judicial Conduct, the Denton City Charter, Subchapter Y, or Chapter 30 of the Texas Government Code, and all other applicable laws pertaining to the operation of the Denton Municipal Court of Record, and his duties as a Magistrate In the event of a conflict between the terms of this Agreement and said Code, Charter, Statutes and laws, the terms of said Code, Charter, Statutes and laws shall govern 7 The part-time Judge shall not take on representation of a client adverse to the City of Denton The part-time Judge shall not represent a client in a case where an employee of the City of Denton, in his capacity as an employee of the City of Denton is a witness or may be summoned to appear as a witness 8 The part-time Judge warrants he meets the minimum qualifica- tions listed in the City's Job Opportunity Announcement (JOA 0158), a copy of which is attached hereto and incorporated herein as Exhibit "B", and is capable of performing the major duties and meeting the conditions of employment described in such JOA 9 The City may remove the part-time Judge from office during his term pursuant to and in accordance with the requirements of X30 987(c) of the Texas Government Code, or its successor, as same may hereafter be amended 10 A request by the part-time Judge for release from this Agree- ment prior to the end of its term must be submitted in writing to the Mayor for City Council approval not less than thirty (30) days prior to the requested date of termination Unap- proved abandonment of the Agreement shall be considered a default by the part-time Judge in the performance of this Agreement This Agreement represents the entire and integrated Agreement between City and the part-time Judge, and supersedes all prior negotiations, representations, contracts, either written or oral This Agreement may be amended only by written instrument signed by both the City and the part-time Judge PAGE 2 The part-time Judge further states that he has carefully read the foregoing Agreement, and knows the contents thereof, and signs the same as his own free act. IN WITNESS WHEREOF, City has caused this Agreement to be signed in its name by Bob Castleberry, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the part- time Judge has hereunto set his hand and seal the day and year first above written. PART-TIME JUDGE CITY OF DENTON, TEXAS OBIN RAMS BOB CASTLEBERRY, T YO ATTEST: JENNIFER WALTERS, CITY SECRETARY BY• APPROVED AS TO LEGAL FORM: HERBERT L. PR;OUTY, CITY ATTORNEY BY: PAGE 3 L I N xf Doctu,ment E E i a i Ij E \WPDOCS\RES\METRO SVC RESOLUTION NO kq,~'L'03 7 A RESOLUTION OF THE CITY COUNCIL OF DENTON, TEXAS DESIGNATING A REPRESENTATIVE IN REGARDS TO A JOINT FILING FOR OPTIONAL EXTENDED METRO SERVICE ("EMS") FROM THE DENTON EXCHANGE TO THE DALLAS METRO EXCHANGE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton fully supports a petition for Op- tional Extended Metro Service ("EMS") from the Denton exchange to the entire Dallas Metro exchange and strongly urges the Public Utility Commission of Texas ("PUC") to approve the joint agreement, and WHEREAS, the Substantive Rules of the PUC requires the City of Denton to designate a person to represent the incorporated areas of the Denton exchange in proceedings before the PUC The City of Denton believes that approval of Optional EMS to the entire Dallas Metro exchange would provide both economic and social benefits for its citizens, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES 5 _1. That the City Council hereby designates ^ to represent the incorporated areas of the Denton exchan in proceedings regarding a joint filing to the PUC for Optional EMS from Denton to the entire Dallas Metro exchange, and to execute such a joint filing as the designated representative SECTION II. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this thel day of 1995 BOB CASTLEBERRY, MAY ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY D PROJECT NO. EXTENDED METRO SERVICE PUBLIC UTILITY BETWEEN THE DENTON EXCHANGE S COMMISSION AND THE DALLAS S OF TEXAS METROPOLITAN EXCHANGE S JOINT AGREEMENT OF THE PARTIES WHEREAS, GTE Southwest Incorporated ("GTESW") provides local exchange service in to the Denton Exchange ("Denton"). In this petition, Denton seeks extended metro services ("EMS") to the Southwestern Bell Telephone Company portion of the Dallas Metropolitan exchange, which is served by the Southwestern Bell Telephone Company ("SWBT"). WHEREAS, the Denton exchange will be represented by two representatives. Representing the incorporated area of the Denton exchange is Bob Castleberry, Mayor, City of Denton. Representing the unincorporated areas of the Denton exchange is Steve Rollins. These representatives believe that the EMS service will provide both economic and social benefits to Denton customers. WHEREAS, the Denton, Bartonville and Dallas Metropolitan exchanges are included within the common calling plan area and contained within a continuous boundary as set forth in Substantive JOINT AGREEMENT OF THE PARTIES - Page 1 Rule 23.49(b)(8)(C)(x). Both Denton and Bartonville will have the same optional calling scope into the Dallas Metropolitan exchange. WHEREAS, this Joint Agreement, as well as the rates proposed therein have been discussed with members of the Commission Staff as required by Substantive Rule 23.49(b)(8)(C). WHEREAS, the parties agree to the rate design as specified herein and to the other terms of the Joint Agreement and agree to seek approval of the Joint Agreement from the Texas Public Utility Commission. NOW, THEREFORE, THE PARTIES AGREE AND STIPULATE AS FOLLOWS: 1. An optional two-way Extended Metro Service (EMS) will be made available to GTESW customers residing within the telephone exchange boundary of the Denton exchange and will provide two-way calling between Denton and the Dallas Metropolitan exchange on a flat rate basis. 2. Currently, GTESW offers an extended area service plan providing optional two-way calling from Denton to the following exchanges: Argyle, Bartonville, Justin, D/FW Airport, Grapevine, Garland, Irving, Carrollton, Keller, Lewisville, Plano, Rowlett, Wylie, and Lake Dallas; JOINT AGREEMENT OF THE PARTIES - Page 2 With the EMS offering, calling will be provided to each of the exchanges noted above and additional calling will be provided to the SWBT portion of the Dallas Metropolitan exchange. This calling area includes the principal zone and first and second zones as depicted in SWBT's Local Exchange Tariff, Section 1, Sheet 72. Optional EMS will be offered as an enhancement to replace the current optional extended area service. 3. Those customers residing in the Denton exchange electing to subscribe to EMS will continue to pay the currently approved rates as specified in GTESW's General Exchange Tariff. These rates are in addition to the current rates for local exchange service. Class of Service Monthly ate Residence (One-Party) $22.50 Business (One-Party) $52.50 Rey Line $52.50 PBX, CentraNets (Per Network Access) $52.50 4. GTESW's standard service connection charges will apply to all customers placing orders for EMS. GTESW will waive the standard service connection charges for customers subscribing to the EMS service during the 90-day period after the service is introduced. JOINT AGREEMENT OF THE PARTIES - Page 3 After the 90-day waiver period, the nonrecurring service connection charges will be as follows: Primary Service Order Charge Line Connection Charge Residence Business Residence Houses Opt. EMS $21.00 $31.50 $20.00 $20.00 5. It may be necessary for customers in the Denton exchange to change their telephone number to subscribe to the EMS. Current customers that subscribe to the present optional extended area calling plan have been assigned a telephone number with the prefix 11243" and "320"; other customers not subscribing to the optional service utilize the "380", 49381", 0138219, "383", 41387", "391", "484", "565", 1159111, "891", and 11898" prefixes. GTESW will use the "243" and "320" prefixes for the optional EMS offering. Therefore, customers with a 11243" or 11320" number will not need to change their number. However, customers with the other prefixes will need to be assigned to the new 11243" or 11320" prefix in order to receive the new service. 6. GTESW estimates that the EMS rates will recover the cost of providing the service including a contribution to point costs as required by the HAS Substantive Rule 23.49(b)(8)(C)(vii)(II). JOINT AGREEMENT OF THE PARTIES - Page 4 7. There will be no change to the rates of the Dallas customers of SWBT as a consequence of the implementation of EMS in the Denton exchange. 8. This joint filing is exempt from the traffic requirements contained in Subsection (b) (2) of Substantive Rule 23.49. 90 Notice of the proposed EMS will be provided pursuant to 23.49(b)(7) of the Commission Substantive Rules. Such notice will be provided to all Denton customers, individually, by bill insert or individual mailing, and will be published for two consecutive weeks in the Denton Record-Chronicle. GTESW will bear the cost of notice of the proposed optional EMS offering. The parties request that the Commission publish notice of the filing of this joint agreement in the Texas Register and provide notice of the filing to the office of Public Utility Counsel. 10. Pursuant to 23.49(b)(8)(C)(ix), this joint filing shall be handled administratively if intervenor status is not requested within 60 days of notice, and the Commission will determine whether the service meets the criteria listed in the Substantive Rule 23.49. If there is an intervenor, or if requested by the Commission Staff, the joint filing shall be scheduled for a hearing and final order. The parties understand that any of the parties to JOINT AGREEMENT OF THE PARTIES - Page 5 the joint filing may withdraw the point filing without prejudice at any time prior to the rendition of the final order. The parties also understand that any alternation or modification of the point filing by the Commission may be made upon agreement of the parties to the proceeding. 11. IntraLATA toll service from the Denton exchange to the Dallas Metropolitan exchange will continue to be available for those Denton customers who do not wish to subscribe to 8118. 12. This joint filing involves an agreement among the parties and is not precedential on any issue expressed herein. 13. The parties respectfully request the Commission Staff to process this joint agreement in accordance with Substantive Rule 23.49(b)(8). AW=Dr this day of 1993. DSy1.'Os 8xc9AS08 Signed byt CastLebe May Steve oiling city of Denton Denton County join AGREENBRT O ;r PARTIES - Page 6 GTE SOUTHWEST INCORPORATED BY: A.,& i erman Regional Director- Regulatory & Industry Affairs SOUTHWESTERN BELL TELEPHONE COMPANY BY: C on R. Loehman - Managing Director- ulatory JOINT AGREEMENT OF THE PARTIES - Page 7 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Joint Agreement of the Parties, and cost support associated with this agreement and the proposed notice has been hand-delivered to the General Counsel and mailed, First Class U.S. Mail, this 31st day of August, 1995, to all parties of record. 0 JOINT AGREEMENT OF THE PARTIES - Page 8 Attachment A Page 1 of 2 RESOLUTION NO R9-5:327 A RESOLUTION OF THE CITY COUNCIL OF DENTON, TEXAS DESIGNATING A REPRESENTATIVE IN REGARDS TO A JOINT FILING FOR OPTIONAL EXTENDED METRO SERVICE ("EMS") FROM THE DENTON EXCHANGE TO THE DALLAS METRG EXCHANGE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton fully supports a petition for op- tional Extended Metro Service ("EMS") from the Denton exchange to the entire Dallas Metro exchange and strongly urges the Public Utility Commission of Texas ("PUC") to approve the joint agreement, and WHEREAS, the Substantive Rules of the PUC requires the City of Denton to designate a person to represent the incorporated areas of the Denton exchange in proceedings before the PUC The City of Denton'believes that approval of optional EMS to the entire Dallas Metro exchange would provide both economic and social benefits for its citizens) NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. SrAn;ga 1. That the City Council hereby designates _ to represent the incorporated areas of the Denton exclan in proceedings regarding a joint filing to the PUC for Optional EMS from Denton to the entire Dallas Metro exchange, and to execute such a joint filing as the designated representative. ~CTZOx 2I. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1995 BOB CASTLEBERRY, MAY ATTESTi JENNIFER WALTERS, CITY SECRETARY BY. AP V$D TO LEGAL FORMt HERBERT L. PROUTYrCCITY ATTORNEY BY. Attachment A Page 2 of 2 RESOD. WN DESIONA71HO PROCEEDINGS BEFORE THE STEVE ROLUNS AS DENTON COMMISSIONERS COURT COUNTY REPRESENTATIVE FOR DENTON COUNTY, TEXAS PETITION FOR EXTENDED METRO AUGUST 22. 1905 SERVICE FROM THE DENTON EXCHANGE TO THE DALLAS METRO EXCHANGE The Commiseloners Court of Denton County, Texas meeting in special tendon the 22nd day of August 22, 1996 considered the following resolution WHEREAS, R has been determined that the satabllshment of on Extended Metro Service ('EMS') from the Denton exchange to the entire Della Metro exchange would be of areal benefit to the Denton County citizens who reside In the Denton exchange and would provide both economic and social benefits for the community; and WHEREAS, On Substantive Rules of the Public Utility Commission of Texse (sPUCs) require the county of Demon, Texas to designate a person to represent the unincorporated areas of the Denton exchange In proceedings before the PUC with respect to a joint petition for EMS telephone service from the Denton exchange to the entire Moro exoharge NOW THEIIEFORE, BE IT RESOLVED THAT THE COMMISSIONERS COURT OF DENTON COUNTY, TEXAS does hereby designate Steve Rollins to represent tfa county In proceedings regarding a Joint petition filed with the PUC for EMS from the Denton exchange to the entire Dallas Motro exchange, providing for an optlonal service, end to execute such a joint petition as the county's designated representative. DONE IN OPEN COURT, 00 22nd day of August, 1905, upon motion by Comm. Jacobs sesendedby Comm. Wilson and members of the COW being present and voting says. 4cou" JIIDO - 16 KIRK WILAM1117CM C YMI i- H~at,el 1 Precinct 2 01 tOk2t A C01119 RMIY, KNOW t N NIL IONBR aCOTI Pins" a (absent) ~elaot • J\- , t r7, ATTleTi Ter "Own. Deu" Cent °s ww acoofftb CMA of as cnw"O"knNa comm of Deetee COW% Toss Attachment B GTE SOUTHWEST INCORPORATED Summary of Projected Revenue Impact Denton Two-Way Calling Plan Denton to Dallas Metro EMS: Total Monthly Revenue $355,028 Total Monthly Coat $107,223 Monthly Contribution $247,805 Attachment C PUBLIC NOTICE The Denton exchange, Southwestern Bell Telephone Company, and GTE Southwest Incorporated are asking the Public Utility Commission of Texas (PUC) for approval to provide optional two-way Extended Metro Service (EMS) from GTE Southwest Incorporated's Denton exchange to the Southwestern Bell portion of the Dallas Metropolitan exchange. EMS is an optional service that will provide customers in the Denton exchange unlimited, two-way calling to the Dallas Metropolitan exchange for a fixed monthly rate. Currently, Denton customers with a "243" and "320" telephone number are receiving two-way calling to the following exchanges: Argyle, Bartonville, Justin, D/FW Airport, Grapevine, Garland, Irving, Carrollton, Keller, Lewisville, Plano, Rowlett, Wylie, and Lake Dallas. With the new optional EMS offering, calling will be provided to each of the exchanges noted above, plus additional calling will be available to the Southwestern Bell portion of the Dallas Metropolitan exchange. Today, calls to the Southwestern Bell areas are billed by GTESW as long-distance calls. If approved by the PUC, residential customers would have the option to subscribe to EMS for an additional monthly charge of $22.50 per line. Business customers would have the option to subscribe to EMS at the additional monthly charges listed below: Business, One-Party $52.50 per line Key Line $52.50 per line PBX, CentraNet® (Per Network Access) $52.50 per trunk Standard service connection charges will apply to this service. However, the standard service connection charges will be waived if the customer subscribes to the service within the first 90 days after the service is offered. Subscribers to EMS will be assigned a 11243" or 11320" telephone number. Customers are not required to subscribe to EMS and, if desired, can continue using long-distance service to make calls to the Dallas Metropolitan Exchange. Rates for Southwestern Bell customers in Dallas will not be affected by this plan. This proposal has been assigned Project No. by the Public Utility Commission of Texas. Persons who wish to intervene in the proceeding, or comment upon the action sought, should contact the Public Utility Commission of Texas at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Commission Consumer Affairs Division at (512) 458-0256, or (512) 458-0221 (teletypewriter for the hearing impaired). The deadline to intervene in this project is , 1995. GTE Telephone Operations ® TXD07AUS 816 Corgress Swke Austin -X 78101 512 37, X233 m Fa< 5+= 1-04229 August 31, 1995 (LJ G K3 ~ i I I Mr. John M. Renfrow Director of Hearings Public Utility Commission of Texas 7800 Shoal Creek Blvd., Suite 40ON Austin, TX 78757 Subject: EXTENDED METRO SERVICE BETWEEN THE DENTON EXCHANGE AND THE DALLAS METROPOLITAN EXCHANGE Dear Mr. Renfrow: Enclosed for filing are an original and seven (7) copies of the Joint Agreement of the Parties for Extended Metro Service between the Denton Exchange and the Dallas Metropolitan Exchange. A copy of the enclosed agreement has been hand-delivered to the General Counsel and mailed, First Class U.S. Mail, this date to all parties of record. Yours truly, Emma R. Azarani Assistant-Legal Services ERA:vlr Enclosure c: General Counsel Public Utility Commission of Texas 7800 Shoal Creek Blvd. Suite 400-450N Austin, TX 78757 (w/enc) All Parties of Record (w/enc) A part of GTE Corporation E \WPDOCS\RES\EXTEND MET RESOLUTION NO ggZ~P A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT AGREEMENT BETWEEN THE CITY OF DENTON AND GTE SOUTHWEST INCORPORATED FOR OPTIONAL EXTENDED METRO SERVICE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the city manager is hereby authorized to execute a joint agreement between the City of Denton and GTE Southwest Incorporated for optional extended metro service, a copy of which is attached hereto and incorporated by reference herein SECTION II That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the - day of , 1995 zj BOB CASTLEBERRY, MAY R ATTEST JENNIFER WALTERS, CITY SECRETARY BY OAA M/ , APP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY i PROJECT NO. EXTENDED METRO SERVICE S PUBLIC UTILITY BETWEEN THE DENTON EXCHANGE S COMMISSION AND THE DALLAS S OF TEXAS METROPOLITAN EXCHANGE S JOINT AGREEMENT OF THE PARTIES WHEREAS, GTE Southwest Incorporated ("GTESW") provides local exchange service in to the Denton Exchange ("Denton"). In this petition, Denton seeks extended metro services ("EMS") to the Southwestern Bell Telephone Company portion of the Dallas Metropolitan exchange, which is served by the Southwestern Bell Telephone Company ("SWBT"). WHEREAS, the Denton exchange will be represented by two representatives. Representing the incorporated area of the Denton exchange is Bob Castleberry, Mayor, City of Denton. Representing the unincorporated areas of the Denton exchange is Judge Jeff Moseley. These representatives believe that the EMS service will provide both economic and social benefits to Denton customers. WHEREAS, the Denton, Bartonville and Dallas Metropolitan exchanges are included within the common calling plan area and contained within a continuous boundary as set forth in Substantive JOINT AGREEMENT OF THE PARTIES - Page 1 Rule 23.49(b)(8)(C)(x). Both Denton and Bartonville will have the same optional calling scope into the Dallas Metropolitan exchange. WHEREAS, this Joint Agreement, as well as the rates proposed therein have been discussed with members of the Commission Staff as required by Substantive Rule 23.49(b)(8)(C). WHEREAS, the parties agree to the rate design as specified herein and to the other terms of the Joint Agreement and agree to seek approval of the Joint Agreement from the Texas Public Utility Commission. NOW, THEREFORE, THE PARTIES AGREE AND STIPULATE AS FOLLOWS: 1. An optional two-way Extended Metro Service (EMS) will be made available to GTESW customers residing within the telephone exchange boundary of the Denton exchange and will provide two-way calling between Denton and the Dallas Metropolitan exchange on a flat rate basis. 2. Currently, GTESW offers an extended area service plan providing optional two-way calling from Denton to the following exchanges: Argyle, Bartonville, Justin, D/FW Airport, Grapevine, Garland, Irving, Carrollton, Keller, Lewisville, Plano, Rowlett, Wylie, and Lake Dallas; JOINT AGREEMENT OF THE PARTIES - Page 2 with the EMS offering, calling will be provided to each of the exchanges noted above and additional calling will be provided to the SWBT portion of the Dallas Metropolitan exchange. This calling area includes the principal zone and first and second zones as depicted in SWBT's Local Exchange Tariff, Section 11 Sheet 72. Optional EMS will be offered as an enhancement to replace the current optional extended area service. 3. Those customers residing in the Denton exchange electing to subscribe to EMS will continue to pay the currently approved rates as specified in GTESW's General Exchange Tariff. These rates are in addition to the current rates for local exchange service. Class of Service Monthly Rate Residence (One-Party) $22.50 Business (One-Party) $52.50 Rey Line $52.50 PBX, CentraNete (Per Network Access) $52.50 4. GTESW's standard service connection charges will apply to all customers placing orders for EMS. GTESW will waive the standard service connection charges for customers subscribing to the EMS service during the 90-day period after the service is introduced. JOINT AGREEMENT OF THE PARTIES - Page 3 After the 90-day waiver period, the nonrecurring service connection charges will be as follows: Primary Service Order Charge Line Connection Charge Residence Business Residence R Opt. EMS $21.00 $31.50 $20.00 $20.00 5. It may be necessary for customers in the Denton exchange to change their telephone number to subscribe to the EMS. Current customers that subscribe to the present optional extended area calling plan have been assigned a telephone number with the prefix "243" and "320"; other customers not subscribing to the optional service utilize the "38041, "381", "382", "383", "387"1 "391", "484", "565", 91591", "891", and "898" prefixes. GTESW will use the "243" and "320" prefixes for the optional EMS offering. Therefore, customers with a "243" or "320" number will not need to change their number. However, customers with the other prefixes will need to be assigned to the new 11243" or "320" prefix in order to receive the new service. 6. GTESW estimates that the EMS rates will recover the cost of providing the service including a contribution to joint costs as required by the HAS Substantive Rule 23.49(b)(8)(C)(vii)(II). JOINT AGREEMENT OF THE PARTIES - Page 4 7. There will be no change to the rates of the Dallas customers of SWBT as a consequence of the implementation of EMS in the Denton exchange. 8. This 7o3.nt filing is exempt from the traffic requirements contained in Subsection (b) (2) of Substantive Rule 23.49. 9. Notice of the proposed EMS will be provided pursuant to 23.49(b)(7) of the Commission Substantive Rules. Such notice will be provided to all Denton customers, individually, by bill insert or individual mailing, and will be published for two consecutive weeks in the Denton Record-Chronicle. GTESW will bear the cost of notice of the proposed optional EMS offering. The parties request that the Commission publish notice of the filing of this joint agreement in the Texas Register and provide notice of the filing to the Office of Public Utility Counsel. 10. Pursuant to 23.49(b)(8)(C)(ix), this point filing shall be handled administratively if intervenor status is not requested within 60 days of notice, and the Commission will determine whether the service meets the criteria listed in the Substantive Rule 23.49. If there is an intervenor, or if requested by the Commission Staff, the joint filing shall be scheduled for a hearing and final order. The parties understand that any of the parties to JOINT AGREEMENT OF THE PARTIES - Page 5 the joint filing may withdraw the joint filing without prejudice at any time prior to the rendition of the final order. The parties also understand that any alternation or modification of the joint filing by the Commission may be made upon agreement of the parties to the proceeding. 11. IntraLATA toll service from the Denton exchange to the Dallas Metropolitan exchange will continue to be available for those Denton customers who do not wish to subscribe to EMS. 12. This joint filing involves an agreement among the parties and is not precedential on any issue expressed herein. 13. The parties respectfully request the Commission Staff to process this joint agreement in accordance with Substantive Rule 23.49(b)(8). AGREED, this day of , 1995. DENTON EXCHANGE Signed by: Bob Castleberry, May r Jeff Moseley, County Judge City of Denton Denton County JOINT AGREEMENT O THE PARTIES - Page 6 GTE SOUTHWEST INCORPORATED BY: Lyn Ramerman - Regional Director- Regulatory & Industry Affairs SOUTHWESTERN BELL TELEPHONE COMPANY BY: Jon R. Loehman - Managing Director- Regulatory JOINT AGREEMENT OF THE PARTIES - Page 7 PUBLIC NOTICE The Denton exchange, Southwestern Bell Telephone Company, and GTE Southwest Incorporated are asking the Public Utility Commission of Texas (PUC) for approval to provide optional two-way Extended Metro Service (EMS) from GTE Southwest Incorporated's Denton exchange to the Southwestern Bell portion of the Dallas Metropolitan exchange. EMS is an optional service that will provide customers in the Denton exchange unlimited. two-way calling to the Dallas Metropolitan exchange for a fixed monthly rate. Currently, Denton customers with a 11243" and 11320" telephone number are receiving two-way calling to the following exchanges: Denton, Justin, D/FW Airport, Grapevine, Garland, Irving, Carrollton, Keller, Lewisville, Plano, Rowlett, Wylie, and Lake Dallas. With the new optional EMS offering, calling will be provided to each of the exchanges noted above, plus additional calling will be available to the Southwestern Bell portion of the Dallas Metropolitan exchange. Today, calls to the Southwestern Bell areas are billed by GTESW as long-distance calls. If approved by the PUC, residential customers would have the option to subscribe to EMS for an additional monthly charge of $22.50 per line. Business customers would have the option to subscribe to EMS at the additional monthly charges listed below: Business, One-Party $52.50 per line Key Line $52.50 per line PBX, CentraNets (Per Network Access) $52.50 per trunk Standard service connection charges will apply to this service. However, the standard service connection charges will be waived if the customer subscribes to the service within the first 90 days after the service is offered. Subscribers to EMS will be assigned a 11243" or "320" telephone number. Customers are not required to subscribe to EMS and, if desired, can continue using long-distance service to make calls to the Dallas Metropolitan Exchange. Rates for Southwestern Bell customers in Dallas will not be affected by this plan. This proposal has been assigned Project No. by the Public Utility Commission of Texas. Persons who wish to intervene in the proceeding, or comment upon the action sought, should contact the Public Utility Commission of Texas at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Commission Consumer Affairs Division at (512) 458-0256, or (512) 458-0221 (teletypewriter for the hearing impaired). The deadline to intervene in this project is 1 1995. E \WPDOCS\RES\EMERG RAT RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS WAIVING THE THIRTY DAY NOTICE PERIOD FOR AN EMERGENCY RATE ADJUSTMENT ADOPTED BY THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY BY RESOLUTION NO 95-7-8A MAY BE EFFECTIVE ON AUGUST 1, 1995, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on July 13, 1995 the Board of Directors of the Texas Municipal Power Agency ("TMPA") passed an emergency rate resolution in accordance with Section 7 of the Power Sales Contract between TMPA and the Cities of Bryan, Denton, Garland, and Greenville (the "member cities"), under which TMPA is empowered to set rates and charges for power and energy delivered to member cities, and WHEREAS, this Resolution No 95-7-8A, a true and correct copy of which is attached and incorporated herein, reduces the demand charge by $1 25 per KW per month allocating charges for power and energy based on fixed percentages that have been utilized by TMPA since 1993, and WHEREAS, the City Council deems it in the public interest to waive the thirty day notice period for an emergency adjustment in order to make the rates and charges adopted by Resolution No 95-7- 8A, effective on August 1, 1995, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council hereby waives the thirty day notice period for an emergency adjustment for the sole purpose of allowing the rates and charges adopted by TMPA under Resolution No 95-7-8A to become effective on August 1, 1995 SECTION II That the City Manager is hereby directed to send a true and correct copy of this resolution to appropriate officials of TMPA immediately upon and after its passage SECTION III That this resolution shall become effective immediately upon its passage and approval day of 1995 PASSED AND APPROVED this the/ BO CASTLEBERRY, 7 R ATTEST. JENNIFER WALTERS, CITY SECRETARY BY ' 2fz~ fTO AP O VED EGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY PAGE 2 a \harpool res RESOLUTION NO Q A RESOLUTION APPOINTING BILL GIESE TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY, AND DECLARING AN EFFECTIVE DATE WHEREAS, term of office of Bill Giese on the Board of Directors of the Texas Municipal Power Agency has expired, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION I That pursuant to the terms and provisions of Ordinance No 75-22 of the City of Denton, Texas, Bill Giese is hereby appointed to a two year term of office on the Board of Directors of the Texas Municipal Power Agency, the term of office beginning July 1, 1995 and ending July 31, 1997 SECTION II That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 15pr day of 1995 BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY A \CENTAPPR RES RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 1995-1996 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the 1995-96 proposed budget of the Denton Central Appraisal District was submitted to the City of Denton before July 18, 1995, and WHEREAS, the Denton Central Appraisal District adopted this proposed budget on July 27, 1995, and WHEREAS, the City of Denton has 30 days from the adoption of the proposed budget by the Denton County Appraisal District to adopt a resolution approving or disapproving it, and WHEREAS, the proposed budget contains a list showing each proposed position, the proposed salary for the position, all benefits proposed for the position, each proposed capital expendi- ture, and an estimate of the amount of the budget that will be allocated to the City of Denton, Texas, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Council, pursuant to Article 6 06 of the Texas Tax Code, approves the 1995-96 budget adopted by the Denton Central Appraisal District SECTION II That this resolution shall become effective immediately upon this passage and approval PASSED AND APPROVED this the day of 1995 BOB CASTLEBERRY, MAYOR ATTEST- JENNIFER WALTERS, CITY SECRETARY B?OVED A AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTO NEY BY ~"JJ J \WPDOCS\RES\SONDELE R / RESOLUTION NO. ~q5 A RESOLUTION AUTHORIZING SUPPORT FOR DENTON COUNTY'S PROPOSED NEW COURTS BUILDING AND JUVENILE JUSTICE FACILITY EXPANSION PROJECTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Denton County has seen tremendous growth over the last two decades; and WHEREAS, this increase in the number of residents have increased the demands for services of courts facilities; and WHEREAS, the existing Carroll Courts building has reached maximum capacity to effectively continue to house all eight of Denton County's courts in addition to other county offices; and WHEREAS, Denton County Commissioners Court has called for an August 26 bond election for a $16 million new courts building and $3 million expansion of juvenile justice beds; and WHEREAS, Denton County Commissioners court's present intention is to have, at a minimum, 10 new courts constructed at the future courts building upon completion with enough room for another six shelled courtrooms which can be finished out as needed; and WHEREAS, the additional bond amount will not result in a tax increase; and WHEREAS, Denton County Commissioners Court's present intention is to continue to utilize the Carroll Courts Building for county office space after a new courts building is constructed; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City of Denton does hereby support Denton County's proposed new courts building and juvenile justice facility expansion projects. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the/V1--day of , 1995. R BOB CASTLEBERRY, 7 ATTEST': JENNIFER WALTERS, CITY SECRETARY BY: 4p /Z~ AP OWED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: - PAGE 2 B \POSTPON RES RESOLUTION NO A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF SEPTEMBER 5, 1995 TO SEPTEMBER 12, 1995, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the regular Council meeting of the City of Denton scheduled for September 5, 1995 is hereby postponed to September 12, 1995, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the regular Council meeting to be held on September 5, 1995 be postponed until September 12, 1995 SECTION II That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this theeZ3 Ad day of 1995 BOB ASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY w AP OVED tST LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2 ~ t ~P I~ , ment Nexil DIM, i 4 i 1 f ' f 1 t c 4 ~ f i t 1 ~ ~ t I I i,f r I ~ ~ i ~ f t ~ x i t 1 r ' t i c 1 4 t 4 1 ~ 1 \wpdocs\res\chem tax RESOLUTION NO. -O A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE CHAMBER OF COMMERCE CONVENTION AND TOURISM BUREAU FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That, in accordance with Tex. Tax Code Ann. §351.101(c), the City Council of the City of Denton hereby approves the budget of the chamber of Commerce Convention and Tourism Bureau for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Chamber of Commerce Convention and Tourism Bureau. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the/AL'-day of1995. BOB CASTLEBERRY, MA ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP OVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ DENTON CONVENTION & VISITOR BUREAU MARKETING PLAN 1995-96 Prepared by Jo Ann Ballantme Director DENTON CONVENTION & VISITOR BUREAU ADVISORY BOARD 1995-96 Chair Carl Anderson Members- Janet Hatreld Lucy Haverkamp Jane Jenkins Jack Miller Ex-Officio Martha Len Nelson Chamber of Commerce Representatives Priscilla Sanders, Chair Richard Hayes, Past-Chair David Btles, Treasurer Chuck Carpenter, President Convention & Visitor Bureau Staff Jo Ann Ballantme, Vice President Robin Myles, Administrative Asst Jan Smtthers, Information Asst Marketing Plan 1995-96 I Introduction The primary mission of a convention & visitor bureau is to SELL cities It may seem too simple but bureaus are charged with the task of developing an image that positions their cities in the marketplace as a viable destination for meetings and visitors This directive includes working with the various constituents who make up the hospitality industry in the community and all the other constituents who have a part in its mission II The Denton Convention & Visitor Bureau (DCVB) The DCVB was initiated in 1976 by the Denton Chamber of Commerce and remains as a division of this organization There is no membership structure within the DCVB so all funding comes from the occupancy tax disbursement by the City of Denton This is unique in that all remaining occupancy tax recipients receive other monies The occupancy tax rate in Denton is 13% Six percent is sent to the State of Texas for the general fund Only one-half of one percent of this six percent state occupancy tax is sent to the state's tourism department The City of Denton collects the remaining occupancy tax which is 7% The distribution is as follows Denton Chamber of Commerce (to operate the DCVB) 37 71 Greater Denton Arts Council 13 25 North Texas Fair Association 12 57 Denton County Historical Museum 11 86 Denton County Historical Foundation 86 City of Denton 12 08 Newly funded organizations (to be determined) 5 86 City of Denton Reserve 5 06 The DCVB operates via an agreement between the City of Denton and the Denton Chamber of Commerce A two-year contract will be signed soon which provides 37 71% of the locally-collected tax revenue to the DCVB (down from 40 71%) This contract begins October 1, 1995 and ends September 30, 1997 III Mission Statement The Denton Convention & Visitor Bureau exists for the purpose of soliciting conventions, tour groups, visitors, and film/television projects to the City of Denton to increase occupancy in the hotel/motel properties and to bring added revenues to Denton in the form of gross profits and sales taxes IV Participants in Plan Development The DCVB operates under an Advisory Board which makes recommendations to the Chamber of Commerce Board of Directors This board includes Chamber members, two community volunteers, and two city council representatives Recently the DCVB initiated a survey on its program This survey was sent to the DCVB's Advisory Board, the Chamber of Commerce Board of Directors, Mayor, City Council, City Manager, hotel/motel staffs, and other hospitality partners within the city This marketing plan is a result of the prioritizing of items within the survey V. Situation Analysis The following is a list of the potential markets A Overnight Visitors Grouo Corporate (companies such as Peterbilt, Victor, Turbo, etc ) SMERF (sports, military, educational, religious, fraternal) Motor Coach Tour Inbound charter (youth groups, camps at the universities) Film and television crews B Overmaht Visitors Individual Commercial not part of a group With reservations typical business traveler Without reservations walk-ins Government per diem, group is rate sensitive Leisure typical tourists/highway travelers Visiting friends and relatives Special event C Day Visitors Business Visiting friends and relatives Special event/attraction Drive-by, drive-through Short-term television/film projects (commercials) VI The Industry in Denton There are many hospitality partners who make up the destination team They are those units which create an effective organization able to carry out a comprehensive, unified marketing program for its community 1 hotels/meeting facilities 2 convention center 3 attractions/tours 4 retail/discount shopping 5 entertainment/arts events 6 food and beverage 7 information centers/visitors 8 transportation network In the list above, Denton has most of these components The following will provide details on each of the categories I Hotels/meeting facilities 2 Convention center Denton has 1 full-service hotel, 1 I motels, and 2 bed & breakfasts within the city Together they provide 1013 rooms There are also two bed & breakfast properties located on ranches outside the city The Radisson hotel has completed its renovations, the Holiday Inn is in the process of upgrading its furnishings, the LaQumta will be tackling additional cosmetic changes, and, two properties are in the process of establishing new franchise agreements Two new b&bs are slated to open in late 1995 The occupancy rates are consistently on the rise and many week-ends the DCVB has referred potential visitors to area cities for accommodations Denton maintains a civic center which, at tunes, could be used to host convention groups However, this facility is limited due to its distance from the hotels/motels, little available parking, lack of actual exhibit space, and no available meeting rooms Its use is confined more to craft or gun shows and local events The city desires to renovate this building and has completed a feasibility study on this structure However, the cost is high and at this time the City management has not determined a funding mechanism With two college campuses in Denton, the city is fortunate to have many facilities for convention and tourism opportunities However, there are times when the universities book camps, seminars, and conferences which limit the availability of space 3 Attractions/tours The Denton general brochure lists a number of special sites to see one of the sites, the Courthouse on the Square, celebrates its 100th birthday in 1996 and will incorporate that event with the Sesquicentennial of Denton County (150 years young) A county-wide committee has been formed to develop a year's worth of activities Horse racing has not materialized in North Texas and, consequently, has not impacted Denton County as anticipated however, in its place comes NASCAR racing The Texas Motor Speedway has broken ground next to Alliance Airport and hopes to hold several major races each yeas This attraction is owned by the same company that operates the Atlanta and Charlotte motor speedways Although the track will be south of Denton, the visitor impact on Denton will be significant The historic downtown square has developed into a lively mix of retail businesses, antique stores, gift shops, and fun restaurants This was, and continues, via the Main Street Program Because of the Main Street initiatives, efforts, and tenacity, downtown Denton is attractive and thriving This is the kind of city which gives so much substance to a tourism program The DCVB and Main Street are active partners in the promotion of Denton and the downtown area to residents and visitors The only disappointment is the recent relocation of Schoppaul Hill Winery & Tasting Room to Grapevine, a neighbor to the south 4 Retail/discount shopping Denton has a variety of shopping areas Che Golden Triangle Mall, located on the south side, is an anchor in that area Shopping centers surround the mall and offer a diverse selection of consumer products and services The historic downtown district also serves as an anchor in its area of town and offers much to area residents and guests Other shopping areas dot the city and provide easy access for all needs A current trend to offer discount goods is part of Denton's shopping scene Exposition Mills Denton Factory Stores is located on I-35 on the north side of the city and serves Denton residents, highway travelers from everywhere, Oklahoma, and metroplex visitors 5 Entertainment/arts events Denton has an abundance of activities for residents and visitors listed in the the calendars of events and the annual events listing There are university events, community events, and events initiated from out of Denton The Vision 2000 process is still underway However, the "PLAY" group is working towards establishing an entertainment/historical/cultural corridor These ideas and efforts would certainly improve the appearance and offerings of Denton Another area that could be offered as an alternative leisure area is the Fry Street section of Denton near University of North Texas Currently, the Main Street Program is working with the merchants to develop this area 6 Food and beverage Denton has over 135 restaurants I he list includes locally-owned establishments, fast-food places, and many chain eateries New restaurants include Joe Mama's, the Cattle Company, a second Wendy's, Hero's Pasta Gull, a newly-remodeled Denny's, and an upcoming Outback Steak House Recently, two well-known eateries in the Denton area were featured in magazines In April's BDiithern Lw=, Ranchman's Cafe in Ponder was part of an article on steak houses Then this month Bon Anoetit showcased Clark's BBQ in Tioga Denton is a dry area no package stores are in the city Alcoholic beverages are available in restaurants and bars via a club membership However, this arrangement requires a patron to possess a number of club cards (or a Unicard for some chains) at a cost of $1-5 each Another limitation is an earlier than usual closing time These two laws could affect some groups' decisions to book meetings in Denton 7 Information centers The DCVB opened a Visitor Information Center (VIC) in December 1993 at Exposition Mills Denton Factory Stores to provide information and material to residents and visitors about Denton, the DFW Metroplex, and the entire state of Texas This facility was located on the interstate and north of the city to make it accessible to visitors The Hunt Corporation, owner of the center, offered free space in a five year lease The center operates every day throughout the year except 2-3 holidays It is run by a few volunteers and some paid staff In 1995 the large exterior sign was finally placed on the tower section At the same time the southbound billboard near Sanger was changed to direct travelers to the VIC Because of these two things, the DCVB has increased its traffic count in the VIC from 344 in January 1995 to 688 in Tune 8 Transportation network Denton is fortunate to be located on one of the major mterstates in the U S It runs from the tip of Canada through the mid-west into Texas and down to Laredo Access to Denton is easy via 1-35E,1-35W, and Highway 380 Another acczss is via the DFW International Airport It is located only 25 miles north of Denton and is connected by I-35E and I lighway 121 It is the second busiest airport in the world Love Field in Dallas is also a maloi airport 35 miles south and connects to Denton via 1-35E Rental cars, limousine service and taxis are available in the Denton area Limitations include the trolley service not extending beyond 7 p in and running only Monday through Saturday and not enough shuttle service between the airports to serve the hotel/motel industry in Denton Summary The DCVB is working diligently to increase the convention and tourism business in Denton Although the specific mission of the DCVB is to increase occupancy tax revenues, other monies are generated to Denton businesses through the program of the DCVB Although the Bureau desires results that can be measured, the success of the total program cannot always be evaluated in dollars w\edminWpim PROPOSED BUDGET 1995 1996 - - - - PTS 94 95 budget 95-96 Proposed Budget VMarqueeBillboard ONVENTION_ & VISITOR BUREAU e $185,126 $205,920 e Fund SO $50 ,924 e Transfer/Awareness $0 $50,000 st Income $3,700 $3,700 Income _ $0 $0 ee Billboard 54,800 $500 L RECEIPTS _ $193,626 $311,044 300 Salaries _ $77,250 $81,121 305 Salaries /Temporary Services _ $1,500 $1,500 308 Salaries VIC $10,000 $13,500 309 Misc Expense $0 $0 310 Retirement $2,004 $2,001 311 Car Allowance $4,200 $4,200 315 Payroll Taxes $5,000 $7,800 320 Health Insurance _ $7,236 $9,205 321 AFLAC Insurance $0 $0 322 Liability Insurance $500 $500 323 Lite Insurance $0 $0 325 Travel & Trammg $2,000 $2,000 330 Equipment $300 $500 331 Copy Machine $650 $700 332 Computer $2,000 $2,000 333 Renovation Expense $0 $15,000 334 Other $0 $ 0 401 Office Supply _ $1,000 $1,40 406 Telephone Service $3,120 $4,600 407 Metro Line $1,380 $1,380 850 415 Audit _ $1,000 $ 420 Printing $2,500 $2,500 424 D/FW Awareness Campaign $0 $50,000 425 Postage $1,750 $3,500 426 Accounting $0 $3,500 500 Convention /Contract Salaries $8,000 $0 502 Solicitation/Travel $13,000 $13,000 503 Convention service $4,000 $2,000 504 Convention Advertising $6,000 $0 505 Convention Promotional Events $1,000 $1,000 506 Convention Trade Show $2,000 $0 508 Membership/Subscription $1,000 $1,000 Tourism Salaries/Contract Service $10,000 $0 512 Travel/Special Projects $4,000 $2,500 Page 1 J513 Tounsm Service _ 520,000 $15,000 614 Tounsm Advertising 525,000 $17,500 426 Marquee Billboard $16,000 $16,000 515 Tounsm Promotioal Events $0 $0 516 Tourism Trade Show _ $10,000 $10,987 517 Tourism Promotional Material $15,000 $12,000 518 Membership/Subscnption $2,500 $1,800 520 Film Commission _ $4,500 $3,500 521 Brochures $0 $0 522 Visitors Center _ $10,648 $7,000 TOTAL DISBURSEMENTS $276,038 $311,044 $0 Page 2 r x x M ~ E x 0 o~ s E ~ n O ~ U x0 F ® 9~ S M ZU Fm ~ Q pQpQ ~ H ~ yy 5 5~ 6X e ~ dg q~.9 (emu qq yeas o€4~ Fyy Ml P ` V 3 r F X eT ~Ky F s" B F_ Hip s 34 ra m gall jig x x s Ull x x x a Vu x a 9 x e e s e a a ~ 1 $ a g ~yq:ll5~p~ryy~ ~ ~ ~yC6aga F ~ y y~~yQyy~tl~~yys8~ 6 ~y ~ ~~6~®• ~ Fy 6~ = gF Yp CA9tl B9 .4 a I \updocs\res\hist tax RESOLUTION NO. A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE DENTON COUNTY HISTORICAL FOUNDATION FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That, in accordance with Tex. Tax Code Ann. §351.101(c), the City Council of the City of Denton hereby approves the budget of the Denton County Historical Foundation, Inc. for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Denton County Historical Foundation. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the PA!! day ofA4-r".kA„ 1995. M BOB CASTLEBERRY, ATTEST: JENNIFER WALTERS, CITY SECRETARY r BY: AP OVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: L; U/7i+~ C DENTON COUNTY HISTORICAL FOUNDATION, INC. At, P O Box 2184 Denton, Texas 76202 DENTON COUNTY COURTHOUSE BUILT 1898 August 15, 1995 John Fortune Finance Officer City of Denton Denton, Texas Dear Mr Fortune The board of directors of the Denton County Historical Foundation on this date approved the attached budget for the hotel occupancy tax for the city of Denton The board is very pleased to be a recipient of funds for the historic preservation of the city of Denton The assistance provided by you and the city of Denton internal auditor to our staff is greatly appreciated Please know we will continue to work with you and the city council to the betterment of the residents of Denton /ry truly, rvourene Matthews Chairman, iive Step ens' Secretary cc enc DENTON COUNTY HISTORICAL FOUNDATION, INC. P O Box 2184 Denton, Texas 76202 A k, DENTON COUNTY COURTHOUSE BUILT 1898 HOTEL OCCUPANCY TAX - 1995 - 1996 ANNUAL BUDGET (other sources of inane excluded) BUDGET Hotel Occupancy Tax 4,680. City of Denton 0XPENSES 1.00E Slides/photographs 250. 2.00E Archives/Reference Library 100. 3.00E Publications 750. .01E Pub.reprints .02E Brochures/Maps 4.00E Projection Equip/sup 100. 5.00E Menberships,training/ subscriptions 1,000. 6 00m Heritage Projects 1,000. .01E Historical Markers .02E Cemetery Projects .03E Sesquicentennial/ Centennial Projects 7.00E Business Office/Oper 1,000. .01E Audit/1RS 501 c 3 reports 8.00E Historical Education 200. 9.00E Capital Improvements 100. 10.00E Contingency Fund 180. i \updocs\res\muse tax RESOLUTION N09 -0q A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE DENTON COUNTY HISTORICAL MUSEUM FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. SECTION I. That, in accordance with Tex. Tax Code Ann. §351.101(c), the City Council of the City of Denton hereby approves the budget of the Denton County Historical Museum for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Denton County Historical Museum. SECTION II. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /4p+~day of44&UAJA, 1995. XaL BOB CASTLEBERRY, MAY R ATTEST: JENNIFER WALTERS, CITY SECRETARY BY AP OVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY. G//-" A c~ r Denton County Historical Museum, Inc. August 16, 1995 John Fortune Financial Officer City of Denton Denton, Texas Dear Mr Fortune The Denton County Historical Museum is pleased to provide our hotel occupancy budget for 1995-96 to the City of Denton Additional pictorials will be provided in packets for the city council Thank you for your assistance in the preparation of the required reports We look forward to a continued excellent relationship with the staff and city council of Denton Sincerely, om , . Marvourene Matthews T t,cmian,jjB m le tor cc enc P O Box 2800 Denton, Texas 76202 Courthouse-on-the-Square 501(C) (3) Non-Profit Telephone (817) 565-8697 or 565-8693 1-800-346-3189 • FAX (817) 565-8693 + r Denton County Historical Museum, Inc. Hotel Occupancy Tax Fund Budget City of Denton, Texas 1995 - 1996 Approved Board of Trust Meeting July 24, 1995 (no other funds shown) REVENUE EXPENDITURES 1.01 Lalor Funds $ 64,700 1.02 Bankone (Interest) 500. 1.10E Director Salary $31,700. 1.11E Collection Mgmt Salary 16,700 1.12E Contract Labor 1,000. 1.13E Security/Maintenance 1,000. 1.20E Volunteer Recruitment 100. 1.21E Volunteer Recognition 250. 1.22E Volunteer Training 100. 1.23E Trustee Projects 200. 1.30E Tourism Promotion/Training 8,000. 1.31E Museum Assn. Memberships 400. 1.32E Professional Journals 100. 1.40E Bookkeeping 11800. 1.41E Audit 1,000. 1.42E Office Supplies 200. 1.60E Insurance 2,600. SUB TOTAL 65,240. 65,240. P O Box 2800 Denton, Texas 76202 Courthouse on the-Square 501(C) (3) Non-Profit Telephone (817) 565-8697 or 565-8693 1-800-346-3189 • FAX (817) 565-8693 l \wpdoee\reso\artstax res RESOLUTION NO. A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE GREATER DENTON ARTS COUNCIL FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES, SECTION I. That, in accordance with Tex Tax Code Ann. §351.101(c), the City Council of the City of Denton hereby approves the budget of the Greater Denton Arts Council for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Arts Council. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the a`~day of 1995. M BOB CASTLEBERRY, R ATTEST: JENNIFER WALTERS, CITY SECRETARY B . . APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 4' l e-Y Greater Denton Arts Council Budget 1995 - 1996 Hotel/Motel Occupancy Tax Cash Beginning 0 RECEIPTS Hotel/Motel Tax 72,540 Interest 257 72,797 DISBURSEMENTS Administrative Salaries Full-Time 38,839 Part-Time 7,458 Operating Office Supplies 1,200 Telephone 1,300 Copier Supply/Service 500 Postage 1,200 Office Equipment 400 Computer Expense 1,300 Public Programs Meadows Gallery Public Exhibitions 13,500 East Gallery Public Exhibitions 800 Permanent Collection 500 Performing Arts Event 2,000 On My Own Time Exhibit 1,500 Informational Newsletter 1,000 Other Publications 200 Educational Workshop/Classes 1,000 Other 100 72,797 Cash Ending 0 GREATER DENTON ARTS COUNCIL A SUMMARY OF PROGRAMS AND SERVICES FISCAL YEAR 1995 - 1996 Prepared for the Denton City Council Denton, Texas August 22, 1995 HIGHLIGHTS OF THE YEAR Over 42,000 visitors and users at the Center for the Visual Arts Completion of renovation of the Campus Theatre, the Greater Denton Arts Council now provides facilities for both our visual artists and performing artists Successful continuation of On My Own Time program Eighth annual Matenals Hard & Soft National tuned contemporary crafts exhibition This show has been recognized regionally and nationally FINANCIAL HIGHLIGHTS Highest membership in numbers (over 500) and amounts ($42,000) ever in history of the Council $23,790 in grants to arts organizations and $23,500 more committed for coming year Ongoing support from Union Pacific, The Arts Guild of Denton, and the Denton Benefit League Awarded a total of $9,247 from Texas Commission on the Arts CENTER FOR THE VISUAL ARTS Denton's Community Visual Arts Center HIGHLIGHTS Successful schedule of classes and workshops Between 40,000 and 45,000 users during 1994-95 fiscal year ` Over 2,000 out of town visitors to galleries Addition of bookshelves & art books to resource room GDAC manages and operates the Center for the Visual Arts During the past year, the Center has averaged between P,000 and 4,000 users monthly It is the site for a vast array of programs, events, meetings, classes, rehearsals, and occasional social events A sampling of the types of events available at the CVA during the past year include gallery tours for school children an classes for children and adults children's theater classes and performances fundraisers for non profit organizations City of Denton meetings and events art exhibitions workshops theater performances lectures dance performances opera musicals orchestra concerts recitals public receptions children's concerts This hardly exhausts the list of programs and events held at the Center It is used for rehearsals by eight dance organizations, and the Community Theatre held its season there Any given arts medium may be found at the CVA on any given day The Center also houses the offices of the Denton Community Theatre (until 7195), Denton Festival Foundation, and the North Texas Area Art League Many organizations use the Center for monthly meetings There are usually 4 or 5 daily uses of the Center and it is not uncommon to have three functions going on simultaneously A "typical" day at the Center would consist of 100 - 200 persons involved in any of four different arts or community related activities MEADOWS GALLERY AND EAST GALLERY Denton's Public Gallery HIGHLIGHTS Eighth anniversary of nationally recognized Materials Hard and Soft contemporary crafts competition and exhibition (Entries from over 40 states) Gallery attracts hundreds of out of town visitors The Meadows Gallery and the East Gallery are located in the Center for the Visual Arts Public hours are 1 to 5pm, Sunday through Friday except Thursdays when they are 1 to 7pm There is no admission charge During the past year over 10,000 persons attended our exhibitions Based upon our guest book entries, between 20 and 30 percent of our visitors are from outside Denton The GDAC provides a year round schedule of exhibitions in the Meadows gallery Gallery lectures, special tours, and periodic evening hours have helped make the gallery even more available to the public Although professionally managed, some of the gallery work is done by volunteers The GDAC exhibition committee helps select shows and assists in their installation Our docent program provides daily volunteers to monitor the gallery and assist visitors The East Gallery is more flexible in scheduling exhibits and can be rented by individual artists to display their work GDAC also mounts exhibits in this gallery THE CAMPUS THEATRE Denton's Community Performing Arts Center HIGHLIGHTS State of the art 17 million renovation completed Grand Opening July 6, 7, 8 ` Over 1,200 persons attended opening events The Campus Theatre renovation was completed during fiscal year 1994.1995 $17 million was raised to finance this renovation All but $450,000 of this money was raised locally This state of the art performance hall will provide a home for all of GDAC's member performing arts groups The budding contains a performance hall (with theatrical staging), dressing rooms, scene shop and offices It is equipped with theatrical 'lighting, rigging and sound By contract with GDAC, the Denton Community Theatre is the managing resident company and is responsible for operating costs The City of Denton provides utilities and some maintenance costs GRANTS PROGRAM HIGHLIGHTS During fiscal year 1994.95 GDAC paid $23,790 in grants to Denton arts-producing nonprofit organizations GDAC also awarded an additional $23,500 to be paid out during the 1995-96 fiscal year Grants program funds are provided by The Arts Guild (TAG) SUMMARY OF 1994 - 95 GRANTS PAYMENTS ORGANIZATION AMOUNT DanceXpress $800 Denton Bach Society 2,500 Denton Civic Ballet 2,000 Denton Community Band 1,500 Denton Community Chorus 1,100 Denton Community Theatre 7,875 Denton Festival Foundation 750 Denton Light Opera Company 2,265 Denton Orchestra Association 1,000 North Texas Area Art League 1,700 TWU Department of Performing Arts 800 UNT School of Visual Arts 1,500 SERVICES GDAC provides services and assistance to the arts community of Denton These include ` 382-ARTS phone number for public information about the arts in Denton Computer and desktop publishing resources " Computer mailing list ` Ticket sales outlet Promotion of arts events ` Master calendar for arts events ` Newcomer and visitors assistance Video camera equipment loan ` Technical assistance ` Special informational and promotional brochures ` Advocacy activities on behalf of all the arts in Denton Grants writing and funding source assistance WHO IS GDAC? Legal structure The Greater Denton Arts Council is a 501 (c) 3 tax exempt corporation Governing structure GDAC is governed by a Board of Directors The board has 24 regular members who serve three-year terms as well as representatives from The Arts Guild and Denton PARD The regular board members pre elected by the general membership of GDAC George Highfdl is the president for 1995-96 Staff The Arts Council is administered by the Executive Director, Herbert Holl There are two other full-time positions, Gallery/Facilities Manager, and Administrative Assistant A part-time rental coordinator, janitor and a Green Thumb Program-funded receptionist round out the permanent staff Volunteers A volunteer docent program provides some 30 individuals who work in the Meadows Gallery as attendants and guides Additional assistance for programs comes from volunteers who serve on GDAC committees such as Exhibition, CARA, programs, grants review, membership, development, and others TAG The Arts Guild, with over 100 members, provides volunteers for Denton arts organizations and holds its Annual Auction for the Arts which has raised hundreds of thousands of dollars for the arts in Denton Membership GDAC has 500 individual, business, and organizational members The membership elects board members and approves any changes in the GDAC by-laws Anyone can be a GDAC member for as low as $20 City of Denton The City of Denton provides support in the way of annual Hotel/Motel fund allocations for operating, expenses Utilities at the CVA and at the Campus Theatre are provided or underwritten by the city CVA maintenance and repair service are also provided as budgeted by the city Community partners GDAC maintains an active role in Denton's civic Ida and is involved in partnerships with numerous entities, among them The Chamber of Commerce Convention and Visitors Bureau Main Street Denton Denton Historical Museum Downtown Business Association Denton Festival Foundation Texas Woman's University University of North Texas North Texas Institute for Educators on the Visual Arts GDAC 1995 ORGANIZATIONAL MEMBERS Adult Day Care of North Texas American Red Cross Denton County Chapter Ballet Folklonco de Denton DancExpress Denton Area Art Education Association Denton Bach Society Denton Benefit League Denton Celtic Dancers Denton Civic Ballet Denton Community Band Denton Community Chorus Denton Community Theatre, Inc Denton County Amphitheatre Association Denton County Historical Commission Denton County Historical Museum, Inc Denton County Lulac Council 4366 Denton County Medical Society Alliance Denton Dance Theatre Denton Dickens Fellowship Denton Festival Foundation Denton Handweavers Guild Denton Light Opera Company Denton Orchestra Association Denton State School Festival Ballet of North Central Texas Friends of WRR Greater Denton Board of Realtors Leil Nahar Mid-Eastern Dance Troupe Main Street Denton North Texas Area Art League North Texas Institute For Educators On The Visual Arts Sigma Alpha Iota Denton Alumnae Chapter Soroptimist International Tales Storytelling Association Texas Silver-Haired Legislature The Arts Guild TWU - Department of Performing Arts TWU Department of Visual Arts UNT - School of Visual Art UNT - Department of Dance & Drama Walk/Run/Jump Company 1 \wpdocs\res\feir tax RESOLUTION NO. A267-y~ A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE NORTH TEXAS STATE FAIR ASSOCIATION FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That, in accordance with Tex Tax Code Ann S351.101(c), the City Council of the City of Denton hereby approves the budget of the North Texas State Fair Association for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the North Texas State Fair Association. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the' day ofjW&J" 1995. _J L BOB CASTLEBERRY, MAYO ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AP OVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 6~~2 C NORTH TEXAS STATE FAIR ASSOCIATION - LALOR FUNDS PROPOSED BUDGET FOR THE FISCAL YEAR OCTOBER 1, 1995 THRU SEPTEMBER 30, 1996 Projected Cash, October 1, 1995 25,000 Receipts- Occupancy Tax 68,640 Disbursements- Salaries 45,000 Printing 10,000 Advertising 7,000 Travel 2,400 Postage 2,000 Office Supplies and Expenses 1,500 Telephone 4,000 Office Equipment Maintenance 500 Office Equipment 2,000 Audit 1,200 75,600 Projected Cash after Operating Receipts and Disbursements 18,040 NORTH TEXAS STATE FAIR ASSOCIATION SUPPLEMENT TO PROPOSED BUDGET FOR THE FISCAL YEAR OCTOBER 1, 1995 THRU SEPTEMBER 30, 1996 SALAAnE Executive Director and assistant are employed. Based on time spent promoting tourism posters, brochures, etc promoting Denton and the North Texas State PRINI Fairground facilities. Items are distributed in Texas, Oklahoma, Arkansas, Louisiana, and New Mexico. ADVERTISING Road signs, newspapers, radio, monthly publications, etc. TRAVEL Attend meetings, shows, seminars and other activities to promote tourism in Denton. POSTAGE Mailing catalogs, posters, brochures, etc. as well as correspondence to follow up inquiries received at meetings, by phone and through the mail. OFFICE SUPPLIES General supplies to maintain an efficient office. TELEPHONE Necessary to maintain communication OFFICE'EOUIPMENT MAINTENANCE The office equipment includes a computer, typewriter, copy machine and adding machines that must be maintained in good condition for efficient use OFFICE EQUIPMENT Purchase copier and fax machine 1 \updocs\res\bcham tax RESOLUTION NO. 4475--OY~ A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE DENTON BLACK CHAMBER OF COMMERCE FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That, in accordance with Tex Tax Code Ann. S351.101(c), the City Council of the City of Denton hereby approves the budget of the Denton Black Chamber of Commerce for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Denton Black Chamber of Commerce. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the M'Jday of1995. BOB CASTLEBERRY, MAYO ATTEST: JENNIFER WALTERS, CITY SECRETARY BY- APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ~ BY: ~~L zi~sj 6~ D E N T 0 N BLACK CHAMBER of COMMERCE REPORT AND PROPOSED BUDGET FOR USAGE OF HOTEL OCCUPANCY TAX FUNDS August 1995 14 August 1995 Members of the Denton City Cgtancil Municipal Budding 215 E McKinney Street Denton, Texas 76205 Dear Members Greetings from the Denton Black Chamber of Commerce The Chamber extends Its appreciation to you for your thoughtful consideration in the disburse- ment of Hotel Occupancy Tax funds to our agency Attached is our proposed budget for the disbursement of these funds in connection with the First Annual African-American Arts and Music Festival The event itself is still Involved in some very delicate details involving much more information than we are able to secure at this time, however, the proposed budget is a reasonable expecta- tion of our working perimeters We are more than happy to provide the Council with intimate details associated with this festival as they become available Sincerely, Herman E Wesley III Executive Director HEW/Id DENTON BLACK CHAMBER OF COMMERCE Post Office Box 51155 • Denton, Texas 76206 • (817) 362-9261 FAX (817) 382-9896 DENTON BLACK CHAMBER OF COMMERCE PRELIMINARY BUDGET FOR USAGE OF HOTEL OCCUPANY TAXES August 14, 1995 ANNUAL RECEIPTS Contracted Funds Available 5,00000 ANNUAL BUDGET Salaries Guest Groups For Arts and Music Festival 3,00000 Printing Brochure Layout and Design 300 00 Postage Selected Mailings 50 00 Advertising Selected Radio and Newspaper 1,00000 Budding Usage Visual Arts and/or Civic Center 500 00 TOTAL 4,85000 ITEM EXPLANATIONS Salaries Funds will be used to compensate performers during the festival Additional funding will be available from outside sources and general chamber funds Advertising Promotional pieces for the festival will be placed in newspapers servicing minority communities In the DFW metroplex and Waco, along with radio stations KHVN and KKDA Building Usage Estimates have been provided by the Civic Center, Civic Center Park and the Visual Arts Center, In light of membership with the GDAC j \wpdaca\ree\amph tax RESOLUTION NO R3 A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE DENTON COUNTY AMPHITHEATRE ASSOCIATION FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That, in accordance with Tex Tax Code Ann 9351 101(c), the City Council of the City of Denton hereby approves the budget of the Denton County Amphitheatre Association for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Denton County Amphithe- ater Association SECTION II That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ay ot4 1995 A&i&WA~ BOB CASTLEBERRY, IATTEST JENNIFER WALTERS, CITY SECRETARY BY (114LI'L." U' 7 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY w , August 7, 1995 TO Members of Denton City Council and City Staff FROM Denton County Amphitheater Association RE Hotel/Motel Occupancy Tax Funds r,t,rir****t**+ttr,t,t**,t**,t*,tir,t,t,t,t,t,t+r+*+t ,tr**t*,r~,r ,t ,rr*rr*+,r it+,r we are most appreciative of your confidence in our project to produce "The Lone Star", an historic Texas drama, in an outdoor amphitheater near Denton in the near future The $3000.00 in HOT funds allocated to our Association will be used to promote Tourism to Denton through pre-opening advertising of our outdoor drama, including designing and printing of brochures and letterhead stationary, and the mailing of same While we estimate that the HOT monies will be depleted by these printing expenses, some of the funds may also be used to design cooperative advertising, such as billboards, with the other outdoor dramas in Texas Specific documentation of the expenditure of these funds will be provided in our quarterly reports to the Council and the City Financial Office following the end of each calendar quarter in our fiscal year, which begins Oct 1 Again, lease accept our appreciation for the use of these HOT funds Our Board of Directors is confident that using HOT funds to promote the outdoor historic drama will provide an excellent return of out-of-town tourist dollars to Denton's hotels, restaurants and shopping establishments, thus making the DCAA's use of HOT funds one of the best investments that could be made with the HOT monies Bob Montgomery, Chairman 1 \wpdoes\res\festival tax RESOLUTION NO. ~~j5'-Q57 A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE DENTON FESTIVAL FOUNDATION FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That, in accordance with Tex. Tax Code Ann. S351.101(c), the City Council of the City of Denton hereby approves the budget of the Denton Festival Foundation for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Denton Festival Foundation. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /jday of1995. BOB CASTLEBERRY, MA R ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: a, , d c J DENTON FESTIVAL FOUNDATION, INC. 1995 HOTEL OCCUPANCY TAX BUDGET 1st 2nd 3rd 4th ANNUAL QUARTER QJJARTER QUARTER QUARTER BUDGET (Oct-Dec '95) (Jan-Mar'96) (Apr-June -Sept INCOME $ 750 00 $ 750 00 $ 750 00 $ 750 00 $3,00000 BXPBN.~E~ Advertising $ 375 00 000 $ 750 00 0.00 Tourism Promotion $ 375 00 $ 750 00 000 000 Brochures 000 000 000 $ 750 00 TOTAL $ 750 00 $ 750 00 $ 750 00 $ 750 00 53,000 00 *Our fiscal year is July 1 - June 30 and the 4th quarter will overlap the next fiscal year in preparation for the 1997 Denton Arts and Jazz Festival The festival is held annually on the last full weekend of April j \wpdocs\xes\1and tax RESOLUTION NO A9S-OTa A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE DENTON HISTORIC LANDMARK COMMISSION FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That, in accordance with Tex Tax Code Ann §351 101(c), the City Council of the City of Denton hereby approves the budget of the Denton Historic Landmark Commission for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Denton Historic Landmark Commission SECTION II That this resolution shall become effective immediately upon its passage and approval he /d T' day of,, 1995 PASSED AND APPROVED this the/d.1' BOB CASTLEBERRY, MAY ATTEST JENNIFER WALTERS, CITY SECRETARY f BY 04co as APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY //sue /tCc dQ [c Aug-16-96 10:48A P 02 Denton Historic Landmark Commission Hotel Occupancy Tax Allocation Budget Expenditures 95-96 Allocation Historic Subject Markers 1,000 00 Total 1,00000 \wpdocs\res\main tax RESOLUTION NO. Rqf DS,3 A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE DENTON MAIN STREET ASSOCIATION FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES, SECTION I. That, in accordance with Tex. Tax Code Ann. S351.101(c), the City Council of the City of Denton hereby approves the budget of the Denton Main Street Association for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Denton Main Street Association. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /4Aday of 1995. BOB CASTLEBERRY, MAY ATTEST: JENNIFER WALTERS, CITY SECRETARY n BY: lia-40tet~- APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY' 14 1 , 2 Aug-16-96 10:48A P.03 v Denton Main Street Association Hotel Occupancy Tax Allocation Budget Expenditures 95-96 Allocation Promotional Events County Seat Saturday 9.00000 Dog Days of Summer 80000 Thursday Twilight Tunes 25000 Acoustic Lawn Jam 25000 Postage 70000 Advertising 4,00000 Total Expenditures 15,00000 E \WPDOCS\RES\SPENCER R RESOLUTION NO X95'-0 A RESOLUTION DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A STREET RIGHT-OF-WAY EASEMENT IN THE HEREINAFTER DESCRIBED LAND SITUATED IN THE VICINITY OF SPENCER ROAD AND STATE HIGHWAY 288, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO THE OWNERS OF THE PROPERTY AND IF THE OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING A PUBLIC STREET TO INTERSECT WITH STATE HIGHWAY 288, AND DECLARING AN EFFECTIVE DATE WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby requires the acquisition of a street right-of-way easement in the hereinafter described land for the public purpose of constructing a public street to intersect with State Highway 288 and that the City of Denton should acquire said easement necessary for said purpose, and WHEREAS, the hereinafter described property is owned by John Karvouniaris, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES 4ECTION I That public necessity exists and public welfare and convenience require the acquisition of a street right-of-way easement in the hereinafter described land for the public purpose mentioned below SECTION II That the City Manager or his designee is hereby authorized and directed to make an offer for the property to the owners of said hereinafter described property, based on lust compensation recommended by an independent appraisal prepared at the City Manager's direction SECTION III, That in the event the offer as described in Section II is refused by the owners of said property, the City Attorney is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against John Karvouniaris to acquire a street right- of-way easement for the public purpose of constructing a public street intersecting with State Highway 288 upon the land more particularly described as follows All that certain portion of land lying and being situated in the City of Denton, Denton County, Texas, described in Exhibit "A" attached hereto and made a part hereof for all purposes, to which reference is here made for a more particular description " That if it should be subsequently determined that additi nal parties other than those named herein have an interest in said property, then in that event the City Attorney is authorized and directed to join said parties as Defendants in said condemnation. SECTION V. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /01y'-'day ofA~1995. BOB CASTLEBERRY, MAY ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 "EXHIBIT A" ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the J. Taft Survey, Abstract Number 1256 and being part of a tract of land conveyed to John Karvouniaris by deed recorded in Volume 3405, Page 50 of the Real Property Records of Denton County, Texas and being more particularly described as follows. TRACT I BEGINNING at the northeast corner of said Karvouniaris tract, same being a point on the south line of State Highway Loop 288 and also being the northwest corner of a tract conveyed to Norman E. Brinker by deed recorded as 93-R0022415 in the R.P.R.D.C.T; THENCE South 000 23' 00" East along the east line of said Karvouniaris tract and the west line of said Brinker tract a distance of 25 feet to a point for corner; THENCE North 240 06' 05" West a distance of 21.95 feet to a point for corner, said point lying on the north line of said Karvouniaris tract and the south line of said Loop 288; THENCE North 600 32' 33" East along said lines a distance of 10.10 feet to the POINT OF BEGINNING and containing .0025 acre of land. TRACT II BEGINNING at the southeast corner of said Karvouniaris tract, same being the southwest corner of a tract conveyed to Norman E. Brinker by deed recorded as 93-R0022415 in the R.P.R.D.C.T; THENCE North 890 19' 51" West along the south line of said Karvouniaris tract a distance of 10 feet to a point for corner; THENCE North 000 23' 20" West a distance of 1260 feet to a point for corner; THENCE North 050 19' 52" East a distance of 100.31 feet to a point for corner, said point lying on the east line of said Karvouniaris tract and the west line of said Brinker tract; THENCE South 000 23' 20" East along said lines a distance of 1360 feet to the POINT OF BEGINNING and containing .3007 acre of land. AEE005C6 09-08-95 E \WPD0CS\6EE\INVE8T POL RESOLUTION NO /_fydE7t ' A RESOLUTION ADOPTING AN INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Director of Fiscal Operations for the City of Denton has presented a proposed policy regarding the investment of City funds and the policy's purpose is to provide the guidelines by which the City of Denton will maintain the minimum amount of cash in its'bank accounts to meet daily needs, and to provide protection for its principal while receiving the highest yield possible from investing all temporary excess cash, and WHEREAS, the City Council desires to adopt such a policy as an official policy regarding investment of funds of the City, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the following policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas pursuant to the provisions of the Public Funds Investment Act, 74th Leg R S , ch 402 1995 Tex Sess Law Serv 2958 (Vernon) (to be codified as an amendment to Tex Gov't Code Ann §2256) Investment Policy (Reference No 408 04) SECTION II That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records of the City of Denton with the City Secretary SECTION III. The foregoing policy replaces the Investment Policy (Reference No 408 04) which became effective August 21, 1990 SECTION IV That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ke~day o j Z",2, 1995 BOB CASTLEBERRY, MA R ATTEST. JENNIFER WALTERS, CITY SECRETARY BY APP D AS O LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY P F PAGE 2 PAGE 1 OF 8 CITY OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION REFERENCE NUMBER FINANCE POLICIES 408 04 SUBJECT EFFECTIVE DATE INVESTMENTS 09/12/95 TITLE REPLACES INVESTMENT POLICY 408 04 I Purpose This policy shall provide the guidelines by which the City of Denton will maintain the minimum amount of cash in its bank accounts to meet daily needs, and to provide protection for its principal while receiving the highest yield possible from investing all temporary excess cash This policy is being adopted pursuant to the provisions of the Public Funds Investment Act of 1987, as amended, Article 842a-2, Vernon's Texas Civil Statutes Ii Scope A This Investment Policy applies to the investment activities of the City of Denton, excluding the specific funds cited hereafter B This policy shall not govern funds which are managed under separate investment programs Such funds currently include, Employees' Retirement Fund of the City of Denton, the Firemen's and Policemen's Pension Funds of the City of Denton, other funds established by the City for deferred employee compensation, revenue bond reserve funds, and certain private donations The City shall and will maintain responsibility for these funds to the extent required by Federal and State Law, the City Charter, and donor stipulations C The following funds, as well as other funds that may be created from time to time, shall be administered in accordance with the provisions of this policy Cash equivalent assets of the General Fund, Community Development Block Grant Fund, Recreation Fund, Crime Prevention Fund, Airport Grant Fund, Airport Master Plan Fund, Emily Flower Library Fund, Debt Service Fund, Street Improvement Fund, General Project Fund, Electric Fund, Electric Bond Fund, Water & Sewer Fund, Water Bond Fund, Sanitation Fund, Landfill Construction Fund, Working Capital Fund, Defensive Driving Fund, Self-Insurance Fund, Employee Health Fund, and any other fund of the City not specifically excluded in these policy guidelines III Investment Strateav A The City maintains portfolios which utilize four specific investment strategy considerations designed to address the unique characteristics of the fund groups represented in the portfolios 1 Investment strategies for operating funds and commingled pools containing operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity The secondary Doc HAFFOOF67 PAGE 2 OF 8 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE REFERENCE NUMBER INVESTMENT POLICY 408 04 objective is to create a portfolio structure which will experience minimal volatility during economic cycles This may be accomplished by purchasing high quality, short-to medium-term securities which will compliment each other in a laddered or barbell maturity structure A dollar weighted average maturity of 365 days or less will be maintained and calculated by using the stated final maturity date of each security 2 Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date Securities purchased shall not have a stated final maturity date which exceeds the debt service payment date 3 Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from securities with a low degree of volatility Securities should be of high quality and, except as may be required by the bond ordinance specific to an individual issue, of short to intermediate-term maturities Volatility shall be further controlled through the purchase of securities carrying the highest coupon available, within the desired maturity and quality range, without paying a premium, if at all possible Such securities will tend to hold their value during economic cycles 4 Investment strategies for special projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity These portfolios should include at least 10%; in highly liquid securities to allow for flexibility and unanticipated project outlays The stated final maturity dates of securities held should not exceed the estimated project completion date IV OblectIvve A The overall strategy of the City's investment objective shall be to ensure a) the understanding of suitability of investment to the financial requirements of the City, b) preservation and safety of principal, c) liquidity, d) marketability of the investment, if the need arises to liquidate the investment before maturity, e) diversification of the investment portfolio, and f) yield In terms of day-to-day investment purposes, the core objectives of the City's investment policy shall be to first preserve the capital in the overall portfolio Each investment transaction shall seek to first ensure that capital losses are avoided, whether they be from securities defaults or erosion of market value The second objective shall be liquidity and the final objective shall be the yield of the investment B To prevent the possibility of loss of resources, the City will attempt to identify and limit exposure to market price risk, default risk, or not invest in a manner which is contrary to applicable federal and state regulations C To enable the City to meet operating requirements that might be reasonably anticipated, the City's investment portfolio will remain sufficiently liquid Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets Doc HAFFOOF67 PAGE 3 OF 8 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE REFERENCE NUMBER INVESTMENT POLICY 408 04 D Management of the investment portfolio will strive to achieve a rate of return commensurate with the legal, safety and liquidity considerations In any event, yield should exceed the average rate of return of secondarily-traded three (3) months U S Treasury Bills, or the average Federal Reserve Discount rate, whichever is higher The first measure of success in this area will be the attainment of enough income to offset inflationary increases Even though steps will be taken to obtain this goal, the City's staff shall constantly be cognizant of risk limitations pursuant to the provisions of the amended Public Funds Investment Act Sec 2256 006(a) E All participants in the investment process shall seek to act responsibly as stewards of public assets Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment programs, or which could impair their ability to make impartial investment decisions Anyone involved in investing city funds shall disclose to the Executive Director of Finance and the Investment Committee any material financial interest in financial institutions that handle City investments The Director of Fiscal Operations, shall avoid any transactions that might impair public confidence in the City's ability to govern effectively The governing body recognizes that in diversifying the portfolio, occasional measured losses due to market volatility are inevitable, and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented V Investment Committee There is hereby created an Investment Committee consisting of the City Manager, Executive Director of Finance, Director of Fiscal Operations, Mayor, and one member of the City Council The Investment Committee shall meet at least quarterly to determine general strategies and to monitor results Included in its deliberations will be such topics as economic outlook, portfolio diversification, maturity structure, potential risk to the City's funds, authorize brokers and dealers, and the target rate of return on the investment portfolio The committee shall establish its own rules of procedures VI Responsibility and Standard A The management responsibility for the investment program is hereby delegated to the Executive Director of Finance, who shall establish written procedures for the operation of the investment program, consistent with this investment policy Such procedures shall include explicit delegation of authority to the individual (s) responsible for investment transactions The primary individual who shall be involved in investment activities will be the Director of Fiscal Operations Both the Executive Director of Finance and Director of Fiscal Operations are designated as investment officers Accordingly, the investment officers shall attend at least one training session relating to their responsibility under the Act within 12 months after assuming duties No persons may engage in investment transactions except as provided under the terms of this policy and the procedures established by the Executive Director of Finance The Executive Director of Finance shall be responsible for all transactions undertaken, and shall establish a system of control to regulate the activities of the Director of Fiscal Operations The controls shall include a monthly process of independent review by the internal auditor, and an annual review by an external auditor The reviews will provide internal control by assuring compliance with policies and procedures Doc NAFFOOF67 PAGE 4 OF 8 POLICY/ADM NISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (continued) REFERENCE NUMBER TITLE INVESTMENT POLICY 408 04 B The Executive Director of Finance, Director of Fiscal Operations, Mayor, City Council, City Manager and other Finance employees shall be personally indemnified in the event of investment loss provided the Investment Policies and Guidelines are followed C The standard of prudence to be used by the investment officials shall be the "Prudent Investor Rule," and will be applied in the context of managing an overall portfolio "Investments shall be made with judgement and care under circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived " Investment officials meeting this standard shall be relieved of personal responsibilities for an individual security's credit risk or market price change, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments D The Director of Fiscal Operations shall submit monthly an investment report, to the Investment Committee, that summarizes recent market conditions, economic developments and anticipated investment conditions The report shall summarize the investment strategies employed, describe the portfolio in terms of investment securities, maturities, risk characteristics and other features The report shall explain total investment return to date and compare the return with budgetary expectations or projections E The Director of Fiscal Operations shall prepare and present to the city Council and City Manager a written report on the City's investment transactions for the preceding reporting period The report shall be provided quarterly, and shall 1) describe the investment position of the City as of the end of the reporting period, 2) contain a summary statement of each pooled fund covering a) beginning market value, (b) additions and changes to the market value during the reporting period, and c) state the carrying value of each invested asset at the beginning and end of the reporting period by type of fund, 4) show the maturity date of each invested asset, 5) show the fund group for each individual investment, and 6) state the compliance of the investment portfolio of the City as it relates to the investment strategy of the City Within sixty (60) days of the end of the Fiscal Year, the Director of Fiscal Operations shall present a comprehensive annual report to the City Council on the investment program and investment activity The annual report shall provide a separate quarterly comparison of returns and suggestions for improvements that might be made in the investment program The City Council shall review and approve the investment policy and investment strategies at least annually F The guidelines of retaining records for seven years, as recommended in the Texas State Library Municipal Records Manual should be followed The Director of Fiscal Operations shall oversee the filing and/or storing of investment records G Wire transfer authorization forms shall be kept on file with banking institutions The authorization form shall identify individuals authorized to make wire transfers and the institutions designated to receive the wire transfer The Director of Fiscal Operations or other authorized representative of the City should complete a transfer notice and give it to the proper Finance Department personnel The transfer confirmation received from the bank should be agreed with this notice and the appropriate journal entry made A wire transfer in excess of $500,000 should not be executed without written confirmation from authorized city staff Doc NAFFOOF67 PAGE-j OF 8 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE REFERENCE NUMBER INVESTMENT POLICY 408 04 H In the event of the absence of the Director of Fiscal Operations, the authority to invest in maturities beyond six (6) months shall be regulated by the controls and procedures outlined by the Executive Director of Finance VII Investment A Idle funds of the city of Denton may be invested in 1 Obligations of the United States of America, its agencies and instrumentalities (maturing in less than five (5) years), 2 Direct obligations of the State of Texas and agencies thereof (maturing in less than two (2) years), 3 Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State of Texas or United States of America or its agencies and instrumentalities (maturing in less than two (2) years), 4 Obligations of the States, agencies thereof, Counties, Cities, and other political subdivisions of any state having been rated as investment quality by a nationally recognized investment rating firm, and having received a rating of not less than "AA" or its equivalent (maturing in less than two (2) years), 5 Certificates of Deposit issued by state and national banks or savings and loans associations, domiciled in Texas, guaranteed or insured by the Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation or their successors or secured by obligations described in 1 through 4 above, and that have a market value of not less than the principal amount of the certificates (maturing in less than one (1) year), 6 Fully collateralized direct repurchase agreements with a defined termination date secured by obligations of the United States or its agencies and instrumentalities pledged with a third party, selected by the Director of Fiscal Operations, other than an agency for the pledgor Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or a bank domiciled in Texas Each issuer of repurchase agreements must sign a copy of the City's Master Repurchase Agreement (termination date must be 30 days or less), 7 Joint pools of political subdivisions in the State of Texas which invest in instruments and follow practices allowed by current law (Maximum average dollar-weighted maturity must be 60 days or less) B The City's authorized investment options are more restrictive than those allowed by State law Furthermore, this policy specifically prohibits investment in the following investment securities 1 Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal 2 Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest Doc NAFFOOF67 PAGE 6 OF 8 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE REFERENCE NUMBER INVESTMENT POLICY 408 04 3 Collateralized mortgage obligations that have a stated final maturity date of greater than 10 years 4 Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index C It is the policy of the City of Denton to diversify its investment portfolios The diversification will protect interest income from the volatility of interest rates and the avoidance of undue concentration of assets in a specific maturity sector, therefore, portfolio maturities shall be staggered Securities shall also be selected which provide for stability of income and reasonable liquidity Diversification strategies shall be determined and revised periodically by the Investment Committee In establishing specific diversification strategies, the two (2) following general policies and constraints shall apply 1 Risk of market price volatility shall be controlled through maturity diversification such that aggregate price losses on instruments with maturities exceeding one (1) year shall not be greater than coupon interest and investment income received from the balance of the portfolio 2 The Investment Committee shall establish strategies and guidelines for the percentage of the total portfolio that may be invested in U S Treasury Securities, federal agencies instrumentalities, repurchase agreements, insured/ col lateral ized certificates of deposit and other securities or obligations The Investment Committee shall conduct a quarterly review of these guidelines, and shall evaluate the probability of market and default risk in various investment sectors as part of its considerations Risk of principal loss in the portfolio as a whole shall be minimized by diversifying investment types according to the following limitations Investment Type 4 of Portfolio • U S Treasury Notes/Honda/Bills 1004 • U S Agencies 504 • State of Texas Obligations & Agencies 154 • Local Government Investment Pools 154 • Local Government Obligations 104 • Repurchase Agreements 109, • Certificates of Deposit 104 D Security swaps may be considered as an investment option for the City A swap out of one instrument into another is acceptable to increase yield, realign for disbursement dates, extend or shorten maturity dates and improve market sector diversification Swaps may be initiated by brokers/dealers who are on the City's approved list E Investments will be solicited on a competitive basis with at least three (3) institutions The Investment Committee can approve exceptions on a case by caste basis or on a general basis in the form of guidelines These guidelines shall take into consideration the investment type maturity date, amount, and potential disruptiveness to the City's investment strategy The investment will be made with the broker/dealer offering the best yield/quality to the City Doc NAFFOOF67 PAGE 7 OF 8 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (continued) TITLE REFERENCE NUMBER INVESTMENT POLICY 408 04 VII= Selection of Banks and Dealers A City Council shall, by ordinance, select and designate one or more banking institutions as the depository for the monies and funds of the City " The bank shall be selected primarily on "solvency and stability" and secondly, on rate of interest available B The Director of Fiscal Operations shall conduct a comprehensive review of prospective depositories credit characteristics and financial history C The bank shall be selected through a formalized bidding process in response to the City's request for proposal (RFP) outlining all services required The Investment Committee shall have the discretion to determine the time span for rebidding the banking services contract, however, a two year period will be the maximum length of time between rebidding D Banks and savings and loans associations seeking to establish eligibility for the City's competitive certificate of deposit purchase program, shall submit financial statements, evidence of Federal insurance and other information as required by the Director of Fiscal Operations E The Investment Committee shall be responsible for selecting brokers and dealers of government securities Their selection shall be among only primary government securities dealers that report directly to the New York Federal Reserve Bank, unless a comprehensive credit and capitalization analysis reveals that other firms are adequately financed to conduct public business The Investment Committee shall base its evaluation of security dealers and financial institutions upon 1 Financial conditions, strength and capability to fulfill commitments, 2 Overall reputation with other dealers and investors, 3 Regulatory status of the dealer, 4 Background and expertise of the individual representatives Approved brokers and dealers must complete Exhibit A and return it to the Director of Fiscal Operations In the dealing with City funds, the Director of Fiscal Operations shall conduct business with securities dealers approved by the Investment Committee or with banks selected as outlined in VIII, Section C To guard against default possibilities under these conditions, and to assure diversification of bidders, business with any one issuer, or investment broker, should be limited to forty (40%) percent of the total portfolio at any point in time In this way, bankruptcy, receivership or legal action would not immobilize the City's ability to meet payroll or other expenses Ix Princtnal Protection and Safekeeping A All bank and savings and loan associations deposits and investments of City funds shall be secured by pledged collateral with a market value equal to no less than 102 percent of the principal plus accrued interest less an amount insured by FDIC or FSLIC Evidence of proper collateralization in the form of original safekeeping receipts held in institutions's trust department or at a third party institution not affiliated with the bank or bank holding Doc #AFF00F67 PAGE 8 OF 8 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE REFERENCE NUMBER INVESTMENT POLICY 408 04 company will be maintained in the office of the Director of Fiscal Operations all time The Executive Director of Finance, Director of Fiscal Operations or other authorized City Representative will approve and release all pledged collateral Collateral will be reviewed monthly to assure the market value of the securities pledged exceeds investments and/or the related bank balances The Committee shall request additional collateral in the event they deem that their deposits and investments are not sufficiently protected by the pledged collateral B Safekeeping procedures shall be established by the Investment Committee which clearly define steps for gaining access to the collateral should the City determine that the City's funds are in jeopardy Collateral safekeeping and substitution agreements will be apart of the procedure C Only securities allowed by the Public Funds Collateral Act shall be eligible to be pledged as collateral However, U S Treasury Securities shall be the primary securities accepted as collateral D All transactions will be accomplished with authorized security dealers and financial institutions on a delivery-versus-payment (DvP) basis Securities will be held by the City's safekeeping agent, which shall be selected through a competitive process (RFP) or that agent's representative in New York City, or in it's account at the Federal Reserve Bank Doc #AFF00F67 E \WPDOCS\RES\PROTECT RES RESOLUTION NO X95'-0~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE COMMUNITY DEVELOPMENT OFFICE TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES SEEKING FUNDING AND AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE A CONTRACT WITH THE TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas is concerned with the safety and welfare of children, youth, and all family members which includes promoting the healthy development of children and youth by supporting all families in the community, and WHEREAS, the City of Denton, Texas is interested in promoting the development of community-based, collaborative and integrated service delivery systems to serve families within the Denton area, and WHEREAS, the City of Denton is applying for funding under the "Texas Families Together and Safe" project, authorized by the Texas Department of Protective and Regulatory Services, and WHEREAS, the Texas Department of Protective and Regulatory Services requires submission of an application and appropriate certifications, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council of the City of Denton, Texas authorizes the Community Development office to submit an application seeking funding from the Texas Department of Protective and Regulatory Services and the City Attorney to negotiate a contract with the Texas Department of Protective and Regulatory Services to obtain said funding SECTION II That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1995 tae4iik BOB CASTLEBERRY'7R ATTEST- JENNIFER WALTERS, CITY SECRETARY BY ,A~j AP ROVED AS TO LEGAL FORM. HERBERT L PROUTY, CITY ATTORNEY BY Page 2 E \WPDOCS\RES\TREE CTY RESOLUTION NO 57 A RESOLUTION ACCEPTING A GRANT FROM THE TEXAS FOREST SERVICE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, trees clean the air, produce oxygen, provide a habitat for wildlife, cut heating and cooling costs, and can reduce the erosion of topsoil, and WHEREAS, trees increase property value, enhance the economic vitality of business areas, and beautify our community, and WHEREAS, the Keep Denton Beautiful Program has encouraged the planting and maintenance of trees, promoted the community forestry program, and organized annual Arbor Day celebrations, and WHEREAS, the City of Denton, upon recommendation by Texas foresters, has been recognized as a 1994 Tree City USA by the National Arbor Day Foundation, and WHEREAS, the Texas Forest Service, in cooperation with the United States Forest Service and the Texas Urban Forestry Council, Inc has established an urban and community forestry challenge cost-share program, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council hereby accepts a grant from the Texas Forest Service through its America The Beautiful- Challenge Grants Program to fund the Denton Tree Inventory project The City Manager is hereby authorized to execute an agreement with the Texas Forest Service to provide the matching in-kind share of the cost SECTION II That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the/(?~( Lday o , 1995 &hbu BOB CASTLEBERRY, MA ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM- HERBERT L PROUTY, CITY ATTORNEY BY 4'!- c Page 2 Federal Program Grant Number 95-03-03 CFDA Number 10.664 Grant Amount $8,580 Period 10-01-95 to 9-30-96 Local Match $10,475 Urban Forestry Public Outreach Grant A Cooperative Program Between the Texas Forest Service and the USDA Forest Service GRANT AGREEMENT This Grant Agreement is hereby entered into by and between the Texas Forest Service (TFS), a Member of The Texas A&M University System, and City of Denton, Texas, hereafter referred to as 'Grantee ' Article 1 All funds must be used for the purposes stated below Any modifications of purpose, final product, grant award, or matching contribution must be requested in writing and approved by the TFS Grantee must raise the entire balance of funds necessary to complete the budget as proposed, from non-federal sources Purpose To help the Grantee conduct a tree inventory, develop a computerized database and to write and produce a tree care management plan Grant funds will be used to hire a project intern, supplies, travel, and contracted printing costs for the plan Article 2. The $8,580 grant will be paid on a reimbursement basis upon submission of approved cost records AND a project final report Interim reports detailing partial project accomplishments and costs will be accepted for partial payment The amount paid will equal 45% of the approved project expenditures, not to exceed the full amount of the grant The Grantee shall be responsible for a total local match of at least $10,475, in cash purchases and in-kind contributions Article 3 The Grantee shall be responsible for providing proof-of- payment records for all purchases and in-kind contributions These include source documentation such as invoices, cancelled checks, paid receipts, payroll or time and attendance records, contract documents, and valuation letters for third-party in-kind contributions Article 4. Applicable federal cost principles (attached OMB A-87 for governments or OMB A-122 for nonprofit groups), federal program regulations (attached Code of Federal Regulations for Business Credit and Assistance), and the Grantee's application will be followed in determining reasonableness, allowability, and allocation of costs -2- Article 5. The Grantee must provide the TFS with an official resolution passed by its governing body that authorizes its representative to execute any agreements associated with this grant and commits the organization to the matching contribution as proposed in the grant application and listed above Article 6. The Grantee agrees to comply with all applicable federal laws, as specified in the attached Assurances and Certification Grantee's procurement procedures must conform to standards defined in attached Code of Federal Regulations for Business and Credit Assistance, 13 C F R 5101 1-146 605 (1994) Grantees receiving $100,000 or more in federal funds must comply with federal Single Audit Act requirements, as detailed in circular OMB A-128 (for governments) or OMB A-133 (for non- profit groups) Article 7. The Grantee shall submit a final project performance report, a financial summary with supporting documentation, and a copy of any product developed through the grant within 60 days of project completion, or by October 31, 1996, whichever comes first (If required, a copy of the Single Audit report covering the grant period must also be submitted ) Cost records must be retained for three years following conclusion of the project Article S. The State Forester and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of the Grantee which are pertinent to the grant in order to make audits, examinations, excerpts, and transcripts Article 9. (For tree planting projects only The Grantee must provide the TFS with a resolution or letter from the governing body of the entity that owns the property where the trees are to be planted This document must grant permission to the Grantee to install this planting and commit to providing reasonable protection for the trees Article 10 (For tree planting projects only.) Exhibit A (Tree Planting & Maintenance Specifications), attached hereto and incorporated for all purposes, must be followed and will be used by the TFS to measure performance by the Grantee Trees must be maintained for three full years following planting The Grantee must replace any dead trees within the period of this Agreement if the number of live trees falls below 90% of the original number planted and included in project cost reports Article 11. If a Grantee materially fails to comply with any term of this award, as stated above, the TFS may temporarily withhold cash payments pending correction of the deficiency by Grantee, disallow all or part of the cost of the activity or action not in compliance, wholly or partly suspend or terminate the current award for the Grantee, withhold further awards for the program, demand repayment of the grant, or take other legally available remedies -3- Article,l2 The Grantee may terminate this entire Agreement, without cause, prior to the expiration of the grant period, upon thirty (30) days writteninotice Upon cancellation of this Agreement and release or return of the unexpended grant funds, the Grantee is fully released of all obligations under this Agreement Article 13. The Grantee agrees to hold the Texas Forest Service (TFS) harmless from any injury to person or property occurring in connection with project operations by Grantee, its agents, or employees, to the extent allowed by law Article 14. If any part of this Agreement shall be deemed to be or shall, in fact, be invalid, inoperative, or unenforceable as applied, such circumstance shall not have the effect of rendering any other provision of this Agreement invalid, inoperative, or unenforceable to any extent whatever Acceptances We accept this grant subject to the terms and provisions stated above Grantees C.` Signature Deputy City Manager Title City of Denton Organization RPptPmhPr 25, 1995 Date Grantors Bruce R Miles State Forester Texas Forest Service Date ASSURANCES AND CERTIFICATIONS The applicant hereby assures and certifies that he/she will comply with the regulations, policies, guidelines, and requirements including 13 C F R Part 143, OMB Circulars A-73, A-87, A-88, A-110, (or any regulations which are later promulgated to supplement or replace it), and A-130, as appropriate and as they relate to the application, acceptance and use of Federal funds for this federally assisted project Also the applicant assures and certifies with respect to the grant/cooperative agreement that 1 It possesses legal authority to apply for the grant, that a resolution, motion or sundar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the apphcation, including all understandings and assurances contained therem, and directing and authonzing the person identified as the official representative of the application and to provide such additional information as may be required 2 It will comply with Title VI of the Civil Rights Act of 1964 (P L 88-352) and in accordance with Title VI of the Act no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement 3 It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant-aided activity 4. It will comply with requirements of the provision of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P L 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs 5 If it is a State of local governmental entity, that those of its employees whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency will comply with the relevant provisions of the Hatch Act See U S C Sections 1501-1503 6 It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments 7 It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for a private gain for themselves, or others, particularly those with whom they have family, business, or other ties 8 It will give the grantor agency or the Comptroller General through any authorized representative the access to and the right to examine all records, books, papers, or documents related to the grant. 1 9 It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program requirements, and other administrative requirements approved in accordance with Office of Management and Budget Circular A-110 (and any regulations which are later promulgated to supplement or replace it) C F R. Part 143 as appropriate 10 This application does not propose any activities that would involve human beings who might be considered subjects, human material, or personal data from primary or secondary sources 11 This is to hereby cer* that this project does not have an effect on the environment such as on the following areas natural resources, pollution, populations, and any adverse effect through the delivery of services 12 This is to hereby acknowledge that the U S Small Business Administration has a royalty-free, nonexclusive and irrevocable license the reproduce, publish, or otherwise use, and to authorize others to use any copyrighted materials and reports which shall have been developed under this grant The recipient also, hereby agrees to notify and provide three copies of any copyrighted materials developed under this grant to the Small Business Administration 13 This hereby certifies that applicant possesses adequate grant management capabilities as required by OMB circulars and SBA Federal Assistance Administration Regulations and Guidelines in all of the following areas fiscal administration, facilities management, management information, personnel, planning and budget, procurement and property management 14. This hereby certifies that applicant meets the standards for fund control and accountability as prescribed in 13 C F R. Part 143 or OMB Circular A-110 (or any regulations which are later promulgated to supplement or replace it) as appropriate in accordance with the legal status of the apphcanVs organizational status and has established or can demonstrate the willingness and ability to establish procedures that will minimize the time elapsing between the transfer of funds from the Treasury and their disbursement by the grantee if advance payment procedures are used 2 15 It will ensure that the eufacilities under its ownership, lease or supervision which shall be utilized in the accomphshment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA 16 It will comply with the flood msurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 stet, 975, approved December 31, 1976 Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards 17 It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U S C 470), Executive Order 11593, and the Archeological and Htstonc Preservation Act of 1966 (16 U S C 469a-1 et seq) by (a) consulting with the State Histonc Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Histonc Places that = subject to adverse effects (see 36 CFR Part 800 8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties is It will comply with the requirements which provide that no person it the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any activity receiving Federal financial assistance 19 It will comply with P L 93-112 and P L 93-516 which provide that no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from participation in, bee demed the benefits of, or be subjected to discrimination under any activity receiving Federal financial assistance 20 It willcomply with P L 94-135 which provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any activity receiving Federal financial assistance 3 21 Certification regarding debarment, suspension, and other responsibihty matters primary covered transactions Appendix A _ Certification Matters - Primary Covered Transactions Instructions for Certification I By signing and submitting this proposal, the prospective primary participant is providing the certification set out below 2 The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction The prospective participant shall submit an explanation of why it cannot provide the certification set our below The certification or explanation of why it cannot provide the certification set out below The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction However, failure of the prospective primary participant to famish a certification or an explanation shall disqualify such person from participation in this transaction 3 The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default 4 The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 5 The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549 You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations 4 IVYL MN e 6 The prospectivepinafy,parg9 pant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared mehgible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction 7 The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions 8 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, mehgible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous A participant may decided the method and frequency by winch a determines the eligibility of its principals Each participant may, but is not required to, check the Nonprocurement List 9 Nothing contained in the foregoing shall be construed to require establishment of a system of records to order to render in good faith the certification required by this clause The knowledge and information of a participant is not required to exceed that winch is normally possessed by a prudent person in the ordinary course of business dealings 10 Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction with a person that has been suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default Certification Regarding Debarment. Suspension, and Other Responsibility Matters . Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency, 5 (b) have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification, and (d) have not within a three-year period preceding this apphcation/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal Appendix B - Certification Regarding Debarment, Suspension In4hgibdity and Voluntary Exclusion - Lower Tier Covered Transactions Instruction for Certification I By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below 2 The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with winch this transaction originated may pursue available remedies, including suspension and/or debarment 3 The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 6 yp i 4 The terms "covered tiarrpiactiorgP="dpbprred," "suspended," "mehgible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations 5 The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower her covered transaction with a person who is debarred, suspended, declared mehgible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with winch this transaction originated 6 The prospective lower tier participation fiuther agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions 7 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous A participant may decide the method and frequency by which it determines the eligibility of its principals Each participant may, but is not required to, check the Nonprocurement List. 8 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by the clause The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings 9 Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, mchgible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may purse available remedies, including suspension and/or debarment 7 Certification Regarding Debar__ meat spension I_ neli bdi(y and Vol mtarv Exclusion - Lower Tier Covered Trani Chong (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal Armen is - rtifi Anon egardmg Compliance _With Section 5153 of the Drug-Free Worl F+lace Act of 1988. Public Law 100.690. Titl V. Mbti 1 D By signing and submitting this proposal the applicant is providing the certification set out below 1 The applicant hereby certifies that it will provide a drug-free workplace by-- (A) publishing a statement nobf3wg employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prolubited in the apphcant's workplace and specifying the actions that will be taken against employee for violations of such prohibition, (B) establishing a drug-free awareness program to inform employees about-- (t) the dangers of drug abuse in the workplace, (u) the grantee's policy of maintaining a drug-free workplace, (in) any available drug counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, (C) making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by subparagraph (A), (D) notifying the employee in the statement required by subparagraph (A), that as a condition of employment is such grant, the employee will-- (i) abide by the terms of the statement, and (u) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction, a (E) notifying the gMUngiagengy. within 10 days after receiving notice of a conviction under subparagraph (D)(u) from an employee or otherwise receiving actual notice of such conviction, (F) taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted-- (i) taking appropriate personnel action against such an employee, up to and including termination, or (u) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency, (G) making a good faith effort to continue to maintain a drug-free workplace through implementation of subparagraphs (A), (B), (C), (E), (F), and (G) The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with the specific grant, Place of Performance (Street Address, City, County, State and zip code) 215 E. McKinney Street Denton, Texas 76201 2 The applicant hereby certifies that, as a condition of this grant, he/she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance in conduction any activity with such grant. Appendix D - Certification Regarding Lobbying Certification for Contracts. Grants. Loans. and Cooperative gr m n s The undersigned certifies, to the best of lusher knowledge and belief, that (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of and Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 9 (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing of attempting to influence an officer of employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-111, "Disclosure Form to Report Lobbying," in accordance with its instructions (3) The undersigned shall require that the language of this certification be included in the award documents of all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly This certification is a material representation of fact upon winch reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure The applicant also certifies that the information in these assurances and certifications in support of tins application is correct to the best of lus/her knowledge and belief and the filing of this application has been duly authorized r,ty of nPnron (Legal Name of Applicant) 215 E. McKinney -D as 76201 (Ad as), C.Al, (Signature of Authonzed Officer) ,;Pnt•PmhPr ).S, 1995 (Date of Application) 10 A BUDGET ADJ RESOLUTION NO ~*W A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR 1994-95, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES I That the budget adjustments, as indicated on SECTION . Exhibit "A", attached hereto and incorporated by reference herein, for the fiscal year 1994-95 are hereby, in all things, approved and ratified SECTION II. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day o 444r:01~ 1995 BOBEBERRY,OR ATTEST JENNIFER WALTERS, CITY SECRETARY BY - APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 221~~ RESOLUTION EXHIBIT A FISCAL YEAR 1994-95 YEAR END BUDGET ADJUSTMENT Current Inc(Dec) Modified General Fund Expenditures Budget Amount Budget Fire apartment 5,661,289 45,000 5,9067289 Police Department 7,026,746 (45,000) 6,981,746 Not General Fund Adjustment 12,888,035 0 12,888,035 E \WPDOCS\RES\PACIFIC R RESOLUTION NO A RESOLUTION CONSENTING TO THE ASSIGNMENT AND TRANSFER OF A CONTRACT WITH DYNAMIC HEALTH AND PERFORMANCE, INC ("DYNAMIC") TO PACIFICARE WELLNESS COMPANY ("PACIFICARE"), AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT OF THE CONTRACT FROM DYNAMIC, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on March 22, 1994, by Ordinance No 94-044, the City Council of the City of Denton, Texas awarded a contract for professional services relating to health screening of employees of the City of Denton to Dynamic Health and Performance, Inc ("Dynamic"), and WHEREAS, as of October 1, 1995, Dynamic will become Pacificare Wellness Company ("Pacificare"), and Dynamic and Pacificare have requested that the City Council approved the assignment of the contract from Dynamic to Pacificare, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Council hereby consents to and accepts the transfer and assignment from Dynamic to Pacificare of that certain Service Contract between the City of Denton and Dynamic, entered into on March 24, 1994 and amended to extend through March 24, 1996, in accordance with the terms and conditions of that contract SECTION II That the City Manager is hereby authorized to execute the attached Consent to Assignment of Service Contract between the City of Denton and Dynamic after execution of same by Dynamic and Pacificare, and to execute any further agreements or to take any action necessary to consent to this assignment SECTION III That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /5~ day o 1995 OR BOB CASTLEBERRY, MAY ATTEST JENNIFER WALTERS, CITY SECRETARY BY 41111 r APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 2 City Of Denton TEL 1-817-380-0551 Sep 12,95 16 17 No 001 P 03 CONSENT TO ASSIGNMENT OF CONTRACT BETWEEN THE CITY OF DENTON, TEXAS, DYNAMIC HEALTH AND PERFORMANCE, INC. AND PACIFICARE WELLNESS COMPANY RECITALS 1. WHEREAS, on March 24, 1994, the City of Denton, Texas (IlCity°) entered into a Service Contract with Dynamic Health and Performance, Inc. ("Dynamic") for professional services relating to health screening of employees of the City, which was authorized by the city council by passage of Ordinance No. 94-044 on March 22, 1994, which contract has been amended to extend through march 24, 1996 ("service Contract"), and 2. WHEREAS, Dynamic will become Pacificare Wellness Company (°Pacificare°) on October 1, 1995 and has requested that the City approve and consent to the assignment of this contract to Pacificare] NOW, THEREFORE, the parties agree as follows, AGREEMENT 1. Dynamic hereby assigns and transfers all of its right, title, and interest in that certain Service Contract with the City to Pacificare. 2. Pacificare hereby agrees to fully perform and to be bound by all the terms and conditions of that certain service contract between the City and Dynamic. 3 City accepts and consents to the above assignment and transfer and agrees to be bound by all of the terms and conditions of the contract IN WITNESS WHEREOF, the parties have executed this Con ant to Assignment Agreement on the ~ day of 1995. DYNAMIC HEALTH AND PERFORMANCE, INC. }3Y PACIFICARE WELLNESS COMPANY BYt X i.~lv~ ID? CITY OF DENTON, TEXAS BY. L YD HARRELL, CITY AGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY 4-tbf a, APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY E \WPDOCS\K\PACIPICA TEN Page 2 a \wpdocs\res\overtim res RESOLUTION NO A RESOLUTION ADOPTING POLICY NO 106 04 "OVERTIME", AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Director of the Human Resources Department for the City of Denton has presented a proposed policy regarding employee rules and regulations for the Council's consideration, and WHEREAS, the City Manager recommends adoption of the policy and the City Council desires to adopt such policy as an official policy regarding employment with the City, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the following policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas 106 04 Overtime SECTION II. That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the City Secretary SECTION III. The previous policy relating to Overtime (Reference No 106 04), adopted by Resolution of this Council on March 18, 1986 is hereby rescinded SACTION IV That if any section, subsection, paragraph, sentence, clause, phrase or word in this resolution or policy, or appliction thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity SECTION V. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this they` day o 995 1P ~ BOB CASTLEBERRY, MA OR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM. HERBERT L PROUT_Y, CITY ATTORNEY BY CITY OF DENTON PAGS__j_OF_3 POLICY /ADMINISTRATIVE PROCEDURE ADMINISTRATIVE DIRECTIVE SECTION REFERENCE NUMBER HUNAN RESOURCES 106.04 SUBJECT EFFECTIVE DATE WAGE AND SALARY PLAN 10/01/95 TITLE REPLACES 03/18/86 OVERTIME 11119/85 POLICY STATEMENT. The City of Denton requires employees to work overtime when necessary and as requested by their supervisors. Overtime is defined as authorized time worked which exceeds 40 hours per work week. Overtime for Fire Civil Service employees will be calculated based on the maximum number of hours for the declared work period. Employees who work overtime without authorization from their immediate supervisor will be subject to disciplinary action. Overtime on any job shall be allocated as evenly as possible among all employees qualified to do the job Supervisors shall make every effort to schedule overtime as far in advance as possible Supervisors shall be held responsible for ensuring that overtime is assigned only when absolutely necessary Overtime, for non- exempt employees only, may be paid, or, at the option of the employer, it may be taken as compensatory time, subject to the requirements of the Fair Labor Standards Act, 29 U S C. 201 at seq., as the same may be amended from time to time Some seasonal and temporary positions may be eligible for overtime The Human Resources Director is responsible for maintaining the exempt/non-exempt status of all City positions DEFINITIONSf A For Non-Civil Service employees, overtime is time worked which exceeds 40 hours per work week, when the time is applicable for the purpose of computing overtime For Civil Service employees, overtime regulations are contained an the Civil Service section of this policy B The Fair Labor Standards Act (FLSA) authorizes state and local governments to grant compensatory time, at a rate of 1.5 hours for each overtime hour worked, in lieu of the payment of cash overtime compensation For personal/vacation days approved by supervisors, employees may request the use of compensatory time. C A work period for Non-Civil Service employees is 7 consecutive 24-hour days A work period for Civil Service employees is 28 consecutive 24-hour days D Discretionary time, for exempt employees only, is flexible time off which is approved by the immediate supervisor and does not exceed the number of extra hours worked. E Non-exempt employees are paid hourly rates and are eligible for overtime compensation as established by FLSA guidelines and City policy and procedures F Exempt employees include executive, administrative and professional employees who meet qualifications under FLSA guidelines and who are paid salary rates AAA03309 PAGH_2~OF__1_ POLICY /ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) FrrLE REFERENCE NUMBER OVERTIME 106.04 ADMINISTRATIVE PROCEDURES: A Based on departmental operations, the supervisor has the discretion to provide the option for an employee to receive compensatory time in lieu of paid overtime prior to the performance of work. B Non-exempt employees shall receive compensation at 1 5 times their regular rate of pay for time worked over 40 hours per work week Prior to working any overtime, employees must receive authorization from their supervisors. Employees who work overtime without authorization are subject to disciplinary action. C Non-exempt employees may accrue a maximum of 80 hours of compensatory time if compensatory time exceeds 80 hours, the City shall pay overtime compensation until the compensatory time totals 80 hours or less D Sick leave is not considered actual time worked and Is not included in computing hours for overtime purposes. Holidays, vacation leave, authorized training time, authorized travel time and work performed outside normal working hours (including work taken home, work during meal times and work during on-call periods) are considered actual time worked for overtime eligibility E Exempt employees are not eligible for overtime compensation However, these employees may occasionally be required to work more than the 40-hour work week Supervisors of exempt positions may authorize discretionary time off, based on the work load, for hours worked in excess of 40 hours per week. F If a non-exempt or Civil Service employee leaves the city due to resignation, retirement, discharge or death or is promoted to an exempt position, s/he shall be paid for his/her accumulated compensatory time. Such compensatory time will be paid at the rate of pay the employee is earning prior to termination/promotion G Department Directors shall be held responsible for ensuring accurate record keeping regarding employees' hours worked, overtime, and compensatory time accruals and usage H Department Directors shall be held responsible for reaching some form of agreement or understanding with employees who are approved to work overtime and who will receive compensatory time in lieu of cash overtime compensation prior to any overtime worked I This policy affects all City employees and as subject to applicable federal, state and local laws AAA03309 PAGE_J_OF__I_ POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TrrLE REFERENCE NUMBER OVERTIME 106.04 CIVIL SERVICE. A. The City of Denton has declared a 28-day work period under the 207 (k) provision of the FLEA for Denton Fire Civil Service employees Under this exemption, hours worked over 212 in the 28-day work period will be considered overtime and will be paid at 1.5 times the regular rate of pay. B We have also declared a 28-day work period for police officers. The law enforcement employees, as required by the FLSA and 29 CPR 553, will be paid overtime at 1.5 times the regular rate of pay for hours worked in excess of 171 each 28-day work period. C Maximum compensatory time balances may not exceed 200 hours for fire fighters and 100 hours for police officers The City shall pay overtime compensation when the compensatory time balances exceed the maximum accrual limit D Chapter 142 (hours of labor and vacation for fire fighters and police officers) of the Texas Local Government Code outlines the specific laws concerning overtime of Civil Service employees A copy of this publication is available for review at the City of Denton Public Library and the Fire, Police and Human Resources Departments AAA03309 H \NAFTA RES RESOLUTION NO /95^-524J,_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA), AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the North American Free Trade Agreement (NAFTA) will create the largest market for goods and services in the world, a 6 5 trillion dollar market consisting of 370 million people, and WHEREAS, by the end of this year, NAFTA is anticipated to create 200,000 additional export-related fobs, which on the average pay 17%- more than fobs related to domestic trade alone, stemming from increased exports to Mexico, and WHEREAS, Interstate Highway 35 (I H 35) is the sole, central land artery linking Canada, the United States and Mexico, and represents a terrestrial river of trade through Texas, spanning over five hundred (500) miles and twenty-one (21) counties, from Webb County on the U S -Mexico border to Cooke County on the Texas- Oklahoma border, and WHEREAS, the I H 35 Corridor Coalition was formed to win from the Congress of the United States the International NAFTA Superhighway designation for I H 35 within the framework of the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA), and WHEREAS, designation of I H 35 as the International NAFTA Superhighway will lead to identification and elimination of barriers to international commerce and traffic, enhanced funding for upgrading capacity and safety, and reduced congestion SECTION I. City of Denton strongly supports the efforts of the I H 35 Corridor Coalition and urges the designation of the twenty- one (21) county route of I H 35 through Texas as part of the primary north-south NAFTA Superhighway Such designation will facilitate funding and improvements needed to expeditiously move goods and products through North America SECTION II. City of Denton will widely distribute, disseminate and promote this resolution to the Coalition and City, County, State and Federal officials, such as the Governor of Texas, the Lieutenant Governor of Texas, the Texas Legislature's Speaker of the House of Representatives, the Director of the Texas Department of Transportation, the United States Speaker of the House of Representatives, the Majority and Minority Leaders of both Houses of Congress, and key cabinet officials in the Clinton Administration, who are affected by the intent of this resolution and begin to publicize the I H 35 NAFTA Superhighway designation in its economic development and marketing efforts S4CTION III That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /day o 995 4z zll~ BOB CASTLEBERRY, MAYO ATTEST JENNIFER WALTERS, CITY SECRETARY By APP VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY b 9-1-1r RESOLUTION NO K 95___~ A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the term of office of Olive Stephens, a member of the Board of Managers of the Denco 9-1-1 District, will expire on September 30, 1995, and WHEREAS, Article 1432e, Section 5, V A C S provides that two voting members of the Board of Managers of an Emergency Communica- tion District shall be appointed jointly by all cities and towns lying wholly or partly with the district, and WHEREAS, the City of Denton, Texas wishes to vote for a member to said Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES SE-CTIQN Id That the City of Denton, Texas hereby votes for nnv as a member of the Board of Managers of-the Emerge cy Communication District of Denton County for a two year term to commence October 1, 1995 SECTION II That this resolution shall become effective im- mediately upon its passage and approval PASSED AND APPROVED this the L1- ,day of 1995 BOB CASTLEBERRY, MAY ATTEST JENNIFER WALTERS, CITY SECRETARY BY D APPROVED AS TO LEGAL FORM. HERBERT L PROUTY, CITY ATTORNEY BY B \BUDGET 911 RESOLUTION NO A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO TEX HEALTH & SAFETY CODE § 772 309, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Denton has been pre- sented the 1996 Financial Plan of the Denco Area 9-1-1 District for approval, in accordance with TEX HEALTH & SAFETY CODE § 772 309 (Vernon 1992), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION I That the City Council of the City of Denton hereby approves the 1996 fiscal year budget of the Denco Area 9-1-1 District. SECTION II That this resolution shall take effect immediate- ly from and after its passage PASSED AND APPROVED this thefi'~day of V44"-, 1995 /Gd~ (_~t2aGle~ BOB CASTLEBERRY, MAYO ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM. HERBERT L PROUTY, CIT ATTORNEY BY G~Z~~ I ~ E Noxt Document I E _ s a \amend2&3 rag RESOLUTION NO Rgs 4 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO 1 TO THE PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the United States Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget, and WHEREAS, the State of Texas is authorized under TEX REV CIV STAT art 6663b, to assist the City in procuring federal aid for the purpose of establishing and maintaining public and mass transportation projects; and WHEREAS, on August 16, 1994, the City Council adopted Resolu- tion No R94-040 which authorized the City Manager to execute a Public Transportation Contract with the Texas Department of Transportation and the State has forwarded an amendment to said Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I_._ That the City Manager is authorized to execute Amendment 1 to the Public Transportation Agreement on behalf of the City of Denton, Texas, with the Texas Department of Transportation to aid in the financing of public transportation, a copy of which is attached hereto and incorporated by reference herein S CTION II. That the City Secretary is hereby directed to affix upon the face of Resolution No R94-040 a note that it is amended by this resolution, and attach a copy of this resolution thereto SECTION III. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 3Ad day of 1995 w BOB ASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY { APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY PAGE 2 J \NPDOCS\RES\AIRPORT RES RESOLUTION NO. R 5 S A RESOLUTION REVISING AIRPORT LEASE RATES AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current lease rates at the Denton Municipal Airport were incorporated into the 1986 Airport Master Plan; and WHEREAS, the Airport Advisory Board having reviewed the existing rates finds that they should be revised in consideration of furthering development at the Denton Municipal Airport; and WHEREAS, the City Manager and the Airport Advisory Board recommend that the lease rates be approved; and WHEREAS, the City Council having received the recommendations of the Airport Advisory Board and the City Manager and having found that it is in the best interest of the City to implement the proposed rates; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That the proposed lease rates for rental property at the Denton Municipal Airport are hereby approved and incorporated by reference. SECTION II. That this Resolution supersedes all other conflicting resolutions to the extent of any such conflict. PASSED AND APPROVED this the day of , 1995. BO CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY A OVED A T FORM: HERBERT,'. L':"~-PROUTY, CI ATTOR''N--E-Y~ it ~I i i ~I i i ~i E \WPDOCS\RES\EXCEL AIR RESOLUTION NO. R95 "o& o6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE SUBLEASE OF AIRPORT PROPERTY BY FOX-51 LIMITED, TO EXCEL AVIATION, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has leased airport property to Fox-51 Limited ("Fox-51"); and WHEREAS, Fox-51 wishes to sublease hangar space to Excel Aviation, Inc.; and WHEREAS, Fox-51 is required to obtain the City's written consent to this sublease; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That under paragraph XI (Assignment of Lease) of the lease between the City of Denton and Fox-51, dated April 1, 1986, the City of Denton gives its written consent to Fox-51 subleasing to Excel Aviation, Inc. (William B Baird), Hangar No. 5, Sabre Lane, Denton Municipal Airport, Denton, Texas. SECTION II. That consent to the sublease is subject to and shall be considered valid only for so long as sublessee does not store wrecked or permanently disabled aircraft, aircraft parts, automobiles or vehicles of any type, or any other equipment or items which would detract from the appearance of the leased premises, outside of its hangar or fenced areas. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 3A-AP day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP ED AS O LEGAL FORM: HE ERT L. PROUTY, CITY ATTORNEY BY: A Q- z E \WPDOCS\RESWRILDREN AIR RESOLUTION NO. R9s-a(Q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE SUBLEASE OF AIRPORT PROPERTY BY FOX-51 LIMITED, TO CHILDREN AIRLIFT COMMAND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has leased airport property to Fox-51 Limited ("Fox-5161); and WHEREAS, Fox-51 wishes to sublease hangar space to Children Airlift Command; and WHEREAS, Fox-51 1s required to obtain the City's written consent to this sublease; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That under paragraph XI (Assignment of Lease) of the lease between the City of Denton and Fox-51, dated April 1, 1986, the City of Denton gives its written consent to Fox-51 subleasing to Children Airlift Command (David Fleming), Hangar No. 3, Sabre Lane, Denton Municipal Airport, Denton, Texas. SECTION II That consent to the sublease is subject to and shall be considered valid only for so long as sublessee does not store wrecked or permanently disabled aircraft, aircraft parts, automobiles or vehicles of any type, or any other equipment or items which would detract from the appearance of the leased premises, outside of its hangar or fenced areas SECTION III. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 3 ✓^P day of OCR , 1995. CASTLEBOB' BERRY, MAYO \ ATTEST: JENNIFER WALTERSaITY SECRETARY B A VED S TO LEGAL FORM: H BERT L. PROUTY, CITY A RNEY BY: a j \wpdocs\res\mass r AMENDED BY R96-039 - copy attached RESOLUTION NO R9J-A:5*>S A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION CONTRACT AND SUBSEQUENT AMENDMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the United States Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget, and WHEREAS, the State of Texas is authorized under TEX REV CIV STAT art 6663b, to assist the City in procuring federal aid for the purpose of establishing and maintaining public and mass transportation projects, and WHEREAS, the City of Denton desires to obtain public transpor- tation funds from the State for the purpose of establishing and maintaining public and mass transportation systems, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Manager is authorized to execute a Public Transportation Contract, and subsequent amendments, on behalf of the City of Denton, Texas, with the Texas Department of Transportation to aid in the financing of public transportation, a copy of which is attached hereto and incorporated by reference herein SECTION II That this resolution shall become effective immediately upon its passage and approval L-.et, PASSED AND APPROVED this the 1764 day of ~~&k 1995 I BO CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY w BY APR ED TO LEGAL FORM. H ERT L PROUTY, CITY ATTORNEY BY E \WR,'^S\RES\TXWT AND ' RESOLUTION NO / A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO 1 TO THE PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the United States Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budgets; and WHEREAS, the State of Texas is authorized under Tex Rev Civ Stat art 6663b, to assist the City in procuring federal aid for the purpose of establishing and maintaining public and mass transportation projects; and WHEREAS, on October 17, 1995, the City Council adopted Reso- lution No 95-068 which authorized the City Manager to execute a Public Transportation Contract with the Texas Department of Trans- portation and the State has forwarded and amendment to said Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES 2ECTION 2. That the City Manager is authorized to execute Amendment No 1 to the Public Transportation Agreement on behalf of the City of Denton, Texas, with the Texas Department of Transporta- tion to aid in the financing of public transportation, a copy of which is attached hereto and incorporated by reference herein SECTION 11. That the City Secretary is hereby directed to affix upon the face of Resolution No 95-068 a note that it is amended by this resolution, and attach a copy of this resolution thereto SECTION U That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the4 _ day of 1996 J MILLER, MAYOR ATTEST. JENNIFER WALTERS, CITY SECRETARY BY APP A TO LEGAL FORM HERBERT L PROUTY,CICITY ATTORNEY 1 AMENDMENT TO EXTEND CONTRACT PERIOD 2 3 4 5 RECIPIENT City of Denton 6 PROJECT NO URB 9601(018)1 7 CONTRACT NO 516xxF6011 8 9 10 AMENDMENT TO CONTRACT 11 12 NO 1 13 14 15 STATE OF TEXAS 16 17 COUNTY OF TRAVIS 18 19 20 THIS AMENDMENT TO CONTRACT made by and between the State of Texas acting by 21 and through the Texas Department of Transportation, hereinafter called the "State", and the City of 22 Denton, herein after called the "Contractor" 23 WITNESSETH 24 WHEREAS, on August 31, 1995, a contract was entered into by and between the above- 25 mentioned parties, which contract provided for the expenditure of funds pursuant to the provisions 26 of Article 6663c, V T C S , and, 27 WHEREAS, the Contractor has been approved to extend the contract period in order to expend obligated capital 28 funds, and 29 WHEREAS, the capital purchase orders obligating the capital funds were issued on, or before August 31, 1996 30 and, 31 NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the parties hereto agree to amend 32 the above-mentioned contract as follows 33 1 I I Article 1 page 2, sentence 1 is revised to read This contract becomes effective on the final date of 2 execution by the Dallas District Engineer, and shall terminate on December 31, 1996, unless otherwise terminated or 3 modified as hereinafter provided " 4 II The maximum amount payable under this contract without modification is $26 260 00 EXHIBIT A 5 attached hereto is the revised project budget and shall replace the budget included with the above-mentioned contract of 6 August 31 1995 7 IIII All of the other terms, conditions and provisions of the original contract shall remain in full force and 8 effect 9 IN TESTRAONY WHEREOF the parties hereto have caused these presents to be executed 10 STATE OF TEXAS CONTRACTOR 11 12 CITY OF DENTON 13 14 15 Certified as being executed 16 for the purpose and effect of By 17 activating and/or carrying 18 out the orders, established 19 policies, or work programs Title M QYor 20 heretofore approved and 21 authorized by the Texas b U 22 Transportation Commission Date 23 under the authority of Minute 24 Order 10$871 25 26 APPROVED 27 28 29 By 30 31 32 Dallas Distnct Engineer 33 34 35 Date 36 37 38 39 40 41 42 43 2 I DATE 08/08/96 CONTRACTOR City of Denton CONTRACT NUMBER 516XXF6011 STATE PROJECT NO URB9601(018) 1 FTA NUMBER PAGE 1 AMENDMENT NO 1 EXHIBIT A LINE ITEM # DESCRIPTION TOTAL FEDERAL STATE LOCAL CAPITAL XX XX XX 2 LIFT EQUIPPED VEH 200,000 160,000 26,000 14,000 XX XX XX REPLACEMENT SIGN 2,000 1,600 260 140 XX XX XX 0 0 0 0 XX XX XX 0 0 0 0 XX XX XX 0 0 0 0 XX XX XX 0 0 0 0 SUBTOTAL 202,000 161,600 26,260 14,140 PLANNING 0 0 0 0 OPERATING 0 0 0 0 TRAINING 0 0 0 0 TOTAL 202,000 161,600 26,260 14,140 STATE FUNDING SPLIT FORMULA CSP DISCRETIONARY TOTAL CAPITAL 26,260 0 0 26,260 ADMINISTRATIVE 0 0 0 0 OPERATING 0 0 0 0 26,260 ~0 ~0 26,260 TOTAL REIMBURSABLE AMOUNT 26,260 A \COOP RES RESOLUTION NO. ,S O 7 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT FOR PARTICIPATION IN A PUBLIC FUNDS INVESTMENT COOPERA- TIVE (THE "COOPERATIVE"), DESIGNATING THE BOARD OF DIRECTORS OF THE COOPERATIVE AS AN AGENCY AND INSTRUMENTALITY TO SUPERVISE THE COOPERATIVE; APPROVING INVESTMENT POLICIES OF THE COOPERATIVE; APPOINTING AUTHORIZED REPRESENTATIVES; DESIGNATING INVESTMENT OFFICERS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Interlocal Cooporation Act, Chapter 791 of the Texas Government Code, as amended (the "Interlocal Act"), permits any "local government" to contract with one or more other "local governments" to perform "governmental functions and services," including investment of public funds (as such phrases are defined in the Interlocal Act); WHEREAS, the Interlocal Act authorizes the contracting parties to any interlocal agreement to contract with agencies of the State of Texas, within the meaning of Chapter 771 of the Government Code; WHEREAS, the Interlocal Act permits the parties to any Interlocal agreement to create an administrative agency to supervise the performance of such Interlocal agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of such Interlocal agreement; WHEREAS, the Public Funds Investment Act, Chapter 2256 of the Texas Government Code, as amended (the "PFIA"), authorizes entities to invest their funds and funds under their control through an eligible investment pool; WHEREAS, the City of Denton desires to enter into that certain Interlocal Agreement (the "Agreement"), a copy of which is attached hereto and incorporated herein by reference, and to become a participant in a public funds investment pool created thereunder and under PFIA, to be known as Local Government Investment Cooperative (the "Cooperative"); WHEREAS, the City is a Government Entity as defined in the Agreement; and WHEREAS, the City desires to cause administration of the Cooperative to be performed by a board of directors (the "Board"), which shall be an administrative agency created under the Interloc- al Act; and WHEREAS, the City desires to designate the Board as its agency and instrumentality with authority to supervise performance of the Agreement, employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement; WHEREAS, each capitalized term used in this Resolution and not otherwise defined has the same meaning assigned to it in the Agreement; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES' SECTION I. That the Mayor is authorized to execute the Agreement and the Agreement is hereby approved and adopted and, upon execution thereof by the Mayor and receipt of the City's application to join the Cooperative by the Administrator, the Government Entity shall become a participant in the Cooperative for the purpose of investing its available funds therein from time to time in accordance with terms of the Agreement. SECTION II. That the Board is hereby designated as an agency and instrumentality of the City, and the Board shall have the authority to supervise performance of the Agreement and the Cooperative, employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement. SECTION III. That the investment policies of the Cooperative, as set forth in the document entitled Investment Policies, as summarized in the Information Statement, and as may be amended from time to time by the Board, are hereby adopted as investment policies of the City with respect to money invested in the Cooperative, and any existing investment policies of the City in conflict therewith shall not apply to investments in the Coopera- tive. SECTION IV. That the following officers, officials or employees of the City are hereby designated as "Authorized Representatives" within the meaning of the Agreement, with full power and authority to: execute an application to join the Cooperative and any other documents required to become a Partici- pant; deposit money to and withdraw money from the City's Coopera- tive account from time to time in accordance with the Agreement and the Information Statement; and take all other actions deemed necessary or appropriate for the investment of funds of the City. Signature: Printed Name: Kathy L. DuBose Title: Executive Director of Finance Signature: Printed Name: Harlan L. Jefferson Title: Director of Fiscal Operations signature: Printed Name: Title: In accordance with cooperative procedures, an Authorized Representative shall promptly notify the Cooperative in writing of any changes in who is serving as Authorized Representatives. SECTION V. That in addition to the foregoing Authorized Representatives, each Investment Officer of the Cooperative appointed by the Board from time to time is hereby designated as an investment officer of the City and, as such, shall have responsi- bility for investing the share of Cooperative assets representing funds of the City. Each depository and custodian appointed by the Board from time to time are hereby designated as a depository and custodian of the City for purposes of holding the share of Cooperative assets representing funds of the City. SECTION VI. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 176h day of (Qa t0 &/1) , 1995. 14 BOB CASTLE BERRY, MAYO ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 9- F 'T APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: I~ . ra '.v✓L Interlocal Agreement THIS INTERL.OCAL AGREEMENT (together with any amendments and supplements, refarred to as this 'Agreement') dated as of April 4, 1994 is made and entered into by and among each of those government enuum uutuDy executing this Agreement and any other government entity that to eligible and becomes a party hereto (colleCnvelyr the 'Participants'). f WHEREAS# the Lntarlocal Cooperation Act, Chapter 791 of the Tangs Government Code, as amended (the 'Interloal Act'), permits any 'local government' to Watract with one or more other 'local ' goveramenb' to pft* m 'govaromental functions and services,' mcludmg investment of public funds (as such phrases are defined in the Act); WHEREAS, the Interlowl Act authowm the contracting parties to any mterlocal agreement to onania vnth agencies of the State of Taxes, within the maomg of Chapter 771 of the Government Code, WIISRBAS, the h adowl Act pxmats the coatreattog parties to any mtedocal agreement to create I as admuuea: Ave agmcy to supetvue the performance of such mterlooal agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the tame of slob ugwiocal agreement; WHEREAS, the Public Funds Investment Act, Chapter 2256 of the Taxes Government Code, as amended (the 'PFIA') authoraw the entities described in Subsection (a) of the PFIA to invest their funds in an eligible public funds investment pool, WHEREAS, each of the Participants qualifies as a government entity under tun Agreement, WHEREAS, the Participants desire to establish and maintain a public funds investment pool for the purpose of pooling their lank fuoda for Jong investment in accordance with the hrterlocal Act and PFIA and the lama hereof and providing aseutas is to each other on investment alternatives and on other owes of concern to the Participants; WHEREAS, the Participants desire that the public funds investment pool be entitled Local Government Investment Cooperative (the 'Cooperative') and the Cooperative be managed and operated by a board of directors, which shall be an administrative agency created under the Interlocal Act; WHEREAS. each of the Participants has duly taken all official action necessary and appropriate to become a party to this Agreement, including the adoption of a resolution, NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements Owwwad basis, the Participants mutuakly agree as follows: ARTICLE I Definitions and Rules of Construction Section 1.01. Definitions. Except as otherwise provided in ties Agreement, the capttaltmd terms I used harem shall have the following meanings unless the context otherwise requires Acosunt -nay account established by a Participant I I •1- latertacal Agreement F Additional Party Agreement - a document substantially in the form attached hereto as an ( Appendix which, when attached to a copy of this Agreement and executed by an Authorized Representative of a Government Entity, conslawes a valid ad binding counterpart of this Agreement and results in the Government Entity becoming a party to this Agreement. Administrator - The Trust Company of Texas, or any other pan=, firm or orgamatioa approved by the Board and under contract to provide adnwudmbve =Me= in connection with the management and 11 operation of the Cooperative, Advise' - Ths registered investment advisor or advisers selected by or at the direction of the Board to provide advice rogankag investment of Cooperative assets punmant to this Agreement and subject to applicable law. Authorised Investments - those investments which are authonzed from tune to time to be purchased. sold and invested in under PFIA or other applicable law and fluther defined in the Investment Policies I Authorized Representative - an individual authorized to execute documents and take other necessary actions, pursuant to this Agreement, on behalf of a Government Entity or other person, firm or organization, as evidenced by a duly adopted resolution or bylaw of the governing body of such Government Entity or other person, fum or organization, a mulled copy of which to on file with the Administrator In the can of a Government Entity that is a combination of political subdivisions under the Act, the Authorired Representatives of any admwptrauve agency appointed by each combination of political subdivisions shell be deemed to be Authorized Representatives for such Government Entities. Board - the governing body of the Cooperauve, known as The Board of Directors of Local Government Investment Cooperative. I Bylaws - with respect to the initial Participants, the proposed bylaws of the Board presented to them, and after creation of the Board. its bylaws, as the same nay be amended from tuna to ums, subject to the requirements of this Agreement. Cooperative - the public funds mvestment cooperative created pursuant to the Agreement Custodian -the person selected by or at the direction of the Board to have custody of all money, investments and other assets of the Cooperative pursuant to this Agreement and subject to applicable law. General Manager - Southwest Securities Group, Inc , or any other person, farm or orgoombon which has contracted with the Board to provide general management services to the Board. Government Babb - a local government of the State of Texas, as defined in the Interlaced Act or a state agency, es defined in Section 771 002 of the Government Code, including but not limited to an acorponded city or town, a county, a public school district, a district or authority created under art. M. Section 52(bX1) or (2) of the Texas Constitution, or art. XVI. Section 59 of the Texas Consutuuon, an msutimon of lusher education as defiaad by Section 61.003 of the Education Code, a hospital district, or a fresh water supply distrux. Wormadon Statement - the information statement or any other document distributed to Participants and potential Participants to provide them with a downpuou of the management and operation of the Cooperative, es the saote may be amended from time to time, subject to the requirements of this Agreement 2 laerlaal Agreement Inferlocal Ad - the loWdocal Cooperation Act, Chapter 791 of the Text Government Code, as do same may be amended from time to ume. ' InveMmeot Officer - one or more officers or employees of the Board designated as investment officers by the Board. ' Imtshoout Policies - the written Investment Polices adopted and approved by the Board governing investment and management of Cooperative assets of different Portfolios, m the same may be amended from time to time, subject to the requirements of this Agreement. I ,bbrlteft Reprmmtativee - Broker Transaction Services. Inc or any other person, firm or organization authorized by the Board to promote the Cooperative. ` Partidpants - the Government Entities the are the tmual parties to due Agreement ad the rf Government Eotitia which subsequently become parties to this Agreement. ' MA - the Public POWs Investment Act, Chapter 2256. Team Government Code, as the same may be amended from time to time. Portfolio - a portfolio of mats in the Cooperative which are held separate from other teats of the Cooperative and which are invested with a defined investment objective which may be different from other Portfolios in the Cooperative, and to which a Participant may elect to invest its funds State - the State of Taxes. Units - equal proportionate units of undivided beneficial interest in the aeeets of the Cooperative qr of soy Portfolio of the Cooperative from time to time, including fractions of units a well a whole units. Section 1.02 Genital Rules of Contraction. (a) Whenever in tits Agreement the context requires (1) a reference to the singular number shall include the plural and vice versa, and (2) a word denoting gender shall be construed to include the masculine, famine, and neuter (b) The titles given to any article or section of tbs Agreement are for convenience only and are not -tended to modify the article or section ARTICLE )I Creation of the Cooperative; Purpose and Objective Section 2.01. Creation of the Board (a) The initial Particpanls hereby agree to jointly invest their funds in a public funds investment pool, to be known as Local Government Investment Cooperative (the 'Cooperative') and to create and establish a board of directors of the Cooperative (the 'Board% as on administrative agency pursuant to the Interlocal Act, to supervise the Cooperative. I -3. iotsriocal Agreement (b) The Participants delegate to the Cooperative through its Board, the authority to hold legal title to and manage all money, investments and other assets transferred to or acqutred by the Cooperative pursuant to the Interlocal Act and this Agreement (c) As an agency and instrumentality of the Participants, the Board shall have the authority to employ personnel, engage in other A mmetiatiw activities and provide other administrative service necessary to accomplish the purpose of this Agreement. Section 2.02. Purpose and Objective. ' (a) The first purpose of the Cooperative is to provide Government Entities with a variety of investment vehicles to best sint their investment seeds, with each Portfolio tailored to meet a specific investment need (b) The second purpose of the Cooperative is to provide Government Entities with a forum for discussion of, and to provide eduatien concerning, investments and other issue of concern in public finaucs. In all cases, however, the Cooperative will have the following investment objective in order of pnontyr safety of principal; liquidity in accordance with the operating requarements of the Participants, and the'haghest rate of return. (c) In order to accomplish the Cooperative's objective, each Participant agree that the money transferred to a Portfolio within the Cooperative will be commmglsd with other money transferred to the Portfolio by other Participants for the purpose of makiog Authonud Investments, subject to the terms of this Agreement, the Investment Policies and applicable law, thereby taking advantage of investment opport=Uwand cost banefits available to larger investors AR17CLB M Cooperative Administration Section 3.01. The Board and the Bylaws (a) The business and affairs of the Cooperative shall be managed by the Board as governing body of the Cooperative. (b) The Board is authorised to adopt Bylaws which shall set forth, among other things, the initial Board members, the procedure governing the selection of the members of the Board, the procedure for holding meetings, the election of officers, and other mattes necessary or desirable for governance by the Board, and the right of the Bard, the General Manager, and other consultants to be audammfied for damage arising from their actions in connection with the Cooperative. By executing the Agreement, the Participant consents to the Bylaws. By maintaining funds in the Cooperative after any amendment to the Bylaws becomes effective, the Participant consents to the Bylaws, a amended. The Bard has the right to amend any term or provision of the Bylaws, provided that notice is not to each Participant at least 30 days prior to the effective date of any change 1 witch, in the opinion of the Board, is a material change to the Bylaws. -4- lawiocal Agreement i Section 3 02 Powers and Duties of the Board (a) Subject to applicable law and the terms of stare Agreement, the Board shall hove full and h complete power to take all actions. do all things and execute all monuments as it deems t necessary or desirable in order to carry out, promote or advance the investment objective, interests and purposes of the Cooperative to the same extent as if the Board war the sole and absolute owner of the Cooperative. (b) The Board shall adopt and maintain Investment Policies, consistent with the general objective of the Cooperative, which shall provide mom detailed guideline ; for Investment and management of Cooparsuve assets. By executing this Agreement, the Initial Participants consent to the proposed Investment Policies, and the subsequent Participants consent to the Investment Policies then to effect. By maintaining funds in the [ Cooperative after soy amendment to the Investment Policies becomes effective, ilia Participant hu consented to the Investment PohoiM u amended. The Board rhall, subject to the terms of this Agreement, have lice authority to amend any term or provision of the investment Policies, provided that notice u sent to each Participant at Ism 30 days prior to the effective date of any change winch. In the opinion of the Board, will have a material 01140104 such Participant's Investment in the CoopaaUve. (a) The Board shall adopt and mamts m operating procedures, which shall provide more detailed information on the procedures for depositing and withdawmg funds Gom the Cooperative. By executing this Agreement, the initial Participants consent to the proposed Operating Procedures, and the subsequent Participants consent to the Operating Procedures then in elect. By muntawng foods in the Coopeauvs aster any amendment to the Operating Procedures becomes efPocgve, the participant his oonsented to the Operating Procedures, as amended The Board shall, subject to the terms of this Agreement, have the authority to amend any term or provision of the Operating Procedures provided that notice u sent to each Participant at last 30 days prior to the elective date of any change witch, in the Opinion of the Board, will have a material effect on such Participant's Investment in the Cooperative. (d) The Board shall designate one or more Investment Officaro for the Cooperative who shall be responsible for the investment of Cooperative assets, provided that no person who a an officer or employee of a regional planning commission, council of governments or similar 1`091011111 planning agency crested pursuant to Chapter 391 of the Government Entity Code of the State shall be eligible to serve as an Investment Officer. (e) The Board shall prepare, or direct the preparation of an Information Statement shot describes how the cooperative will operate In accordance with the tams of this Agreement and the Investment Policies Subject to the terms of this Agreement and the Investment Policies, the Information Statement may be amended or supplemented, notice of which will be provided to Participants in accordance with the disclosure requirements of PFIA. (f) The Board shall, subject to the limitations established in the Investment Policies, have full and complete power and authority to appoint a general manager and any other service providers deemed necessary or helpful in the operation of the cooperative. •S- larrtoeal Agmmem (g) The Board shall provide, through peer review, seminars, computer and systems, or other mom, information and educational opportunities to Participants on investing and on other roues in the area of public fioanca (b) Tdte Board shall have full and complete power to use, or direct the use of, Cooperative assets for the following purposes: (1) mcur and PRY anY expenses which, in its opinion, are necessary or mcidmtal to or proper for carrying out any of the purposes of this Agreement. (2) reimburse others for the payment thereof; (3) lay appropriate compmwGon or fees to persons with whom the Cooperative has cognicied or himescted business, and (4) charge a Partierpant's Account for any special fees or expanses related specifically to transactions in such Account. 0 The Board shall have full power to compromise. arbitrate, or otherwise adjust claims in favor of or against the Cooperative. 0) The Bard shall muse finaacial statements to be prepared and mantamed for the Cooperative and for such statements to be audited annually by an independent certified public accounting firm. (k) The Bard may appoint a Genaral Manager to perform managerial services for the Cooperative, provided that the Board shall continue to oversee the operation and management of the Cooperative and shall have the authority to direct the General Manager Whits or not take specific action on behalf of the Cooperative. Q) The anumeraben of any specific power or authority herein shall not be construed ae hmiting the general power and authority of the Board over the Cooperative. Section 3.03. ).iebBity. (a) Neither the Board, the Invepmeot Officers, nor any offioers, employee; or board members of any of the forgoing shall be held liable for any action or omuuon to act on behalf of the Cooperative or the participants unless caused by such person's wd ifid mucanduct. The Cooperative shall mdemmfy and hold harmless (either directly or through rnsuranca) soy person referred to in this Section, to the extent permitted by law, for any and all litigation, claims or other proceedisige, mdudmg but not hmited to reasonable attorney fees. costs, judgments, n lunM payments and penalties arising out Of toe management and operation of the Cooperative, odes; the hbgation. dam or other proceeding Moulted from the MUM misconduct of mwh person. (b) Neither the General Manager, the Marketing Representative, the Admrmstraw the Adviser, the Subadviser. the Custodian, nor then affihataa, officers, employee or board members shag be held liable for any action or omission to act on behalf of the Cooperative or the Participants unlesa such person faded to meet the standard of care required under its agreement relating to the Cooperative or acted with willful maeonduct. The Cooperative ;hall mdammfy and hold hatmleo (either directly or through ms ismin) any Pete"' refsrrsd to in the Section, to the extant permitted by law, for any and all litigation, claim; or other proceedings, including but not hmited to reasonable attorney fees, cops. judgments, settlement payments and penalties arising out of the management and operation of the Cooperative, unless the btigation. clam, or other proceeding a adjudicated to have resulted from such person's failure to meet the standard of cars required under its agreement relating to the Cooperative or its willfW misconduct. haWtscat Aanameat fi" 1 - (c) 7U mdemmficahon provision are described m more detail in the Bylaws AxnCLE Iv Parocipalloss In do Cooperative ' Sendoo 4.01. ElWbB(ty. In order for a Government Entity to become a Participant and transfer msey site the Cooperative, each of the following conditions must be satisfied (a) The Government Entity must adopt a resolution (1) autbonang it to become a Parumpaat and approving this Agreement, (2) establishing the Board as an agency and mstrums"ty of the Participant to supervise the Cooperative. (3) approving the investment policies of the Cooperative (sa amended from hme to hens by the Board) and duectmg that any conflicting local investment policies shall not apply to cooperative investments of the Participant, (4) dedgnahng Authonmd Reptesaentahves of the Participant, (5) dedgoating the Investment Officers appointed from hme to tune by the Board as the Psttimpsnt's investment officam who shall be responsible for investing the ' share of Cooperative assets representing local funds of the Participant, and (6) designating fie depository and custodian appointed from tune to time by the Bond ss the Government Entity's depository and custodian for purposes of holding the sham of ' Cooperative assets representing funds of the Government Entity; and (b) The Government Entity must become a party to the Agmement by executing an ' Additional Party Agreement and delivering the saws to the Cooperative, together with a certified copy of the resolution referred to in subsection (a) of the Section, an application in form and substance satisfactory to the Board, and such other information as may be required by the Board (c) No entity except a Government Entity may be a Participant. The Board d" have sole discretion to dafermme whether a Government Entity rs shgcble under Texas law to be a Participant and to designate categories of Government Entities eligible to be Participants in any Portfolio of the Cooperative Section 4.02. Participant Accounts. (a) While available local fiends of Participants may be commingled for purposes of common investment and operational efficiency, one or mom separate Accounts for each Participant in each Portfolio in the Cooperative designated by the Participant wlB be established in accordance with the Participant's application to loin the Coopemhve and maintained by the Cooperative. (b) Each Participant BW own an undivided beneficial interest in the swere in tie Portfolios in which it invests, calculated as described in the Investment Policies. t (c) The Participant agree that all Cooperative few shall be dimady and automatically assessed and charged against the Participant's Account. The base services fee shall be calculated AS a mduetum in the duly income earned and only the ad income shall be credited to the Participant's Account. Few for special services deE be charged to each PancCrpamt's Account as they am mmirred or performed. Use of Cooperative assets for few shall be made from current revenues available to the Panccrpant. larrtoeal Aarseroeer -7. t Section 4.03. Report. The Cooperative shall submu a written report a last once per month f to each PUMPU . Such report wail indicate: (1) the balance in each Account of a Participant as of the date of such sport, (2) ysld information, (3) au amount activity wise the previous report, and (4) other information required by PFIA. Section 4.04. Terveiaadon. (a) A Participant may withdraw A funaia from an Account in accordance with the Investment policies and Operating Procedures. A Participant may cease to be a Participant under this Agreement, with or without cause, by providing written notice to the Coopentave at haul 10 days prior to such termination. (b) The Hoard may terminate a Parucipant'a participation in the Agreement upon at lewt 30 days notice if Tan law changes so that such Participant as no longer entitled to join in an elagrble public Ands investment pool under PFIA, the Iatidegal Act, or other applicable law. (c) Upon the vote of a m4only of its fall membership, the Bard may order the termination of this Aground by directing that all outstanding operating expeosa of the Cooperative be pad and remaining assets of the Cooperative be distributed to Participant in accordance with dim respective pro rat interests ARTICLE V Cospentlry Amels Section 5.01. Cooperative Investments. Cooperative assets shall be invested and reinvested by tLs Cooperative only in Authonmd Investments in accordance wish the Investment Policies. Section 5.02. Custody. All money, investments and wade of the Cooperative shall be bold in the possession of the Custodian. ARTICLE VI MsWwwous section 6.01. Serembility. (a) If any provision of this Agreement shall be held or doomed to be illegal. moperstive or unmformaw% the now stall not affect any other provision contained herein or render the rams invalid, inoperative or unenforceable to any extent wbataoever. (b) Any participation in tins Agreement or ttaosfer of mum to the Cooperative dot is ant qualified for any reason"tot terminate this Agreement or the participation of other Participants or otherwise adversely affect the Cooperative. Ser41011i 6.02. Limitation of Rights Thu Agreement does not crate soy right, title or interest for my Peraaa otter Wan the Participants and eny person who has a contrast to provide services to the Coopomtlve, and wasiag is of te be ampbed from this Agreement is intended or shall be construed to give any other person any b>rel ar pnkabis nght, remedy or sham under thus Agreement. harfaeat Ayeaseat •g- Section 6.03. Execution of Counterparts Thu Agreement may be executed in aevend separate opmtetparb, meludmg by Additional Party Agreement, each of which shall be an original and all of which shall "Woo one and the am instrument. Section 6.04. Applicable I.aw. This Agreement shall be governed by and construed in accordance with the laws of the States Section 6.05. Tam. This Agreement shall have an initial term beginomg with the effective date set &A below and ending March 31, 199S aad"be automatically renewed for one year on such data and each anniversary of such date, except with respect to any Goverment Entity that may have terminated itself as a Participant or as otherwise provided in Section 4.05 Section 6.06. Nothxs. Any ootioea or other information requued or permitted to be given hereunder shag be seat (a) to the Ccopersuve a set forth in the Information Smartignt, and (b) to a PaAicipent m se forth in its application to become a Participant or as otherwise prowled by wnnm notice to do Administrator. Section 6.07. EndreAgrammi; Amendments. This Agreement represents the entire agreement end uodastaodiag of the Participante. This Agreement may be amended with the approval of a myonty of the NU mm*wd hp of the Board, provided that notice of any such amendment u sent to all Participants at last 6o days prior to the elleW" dais thereof. IN WITNESS WHEREOF the cabal parties hereto have caused this Agreement to be executed. Fort Bend County _ Name of Government Entity By. /s/ Kathy Hysson Authorized Representative Kathy Hvaeon. County Treasurer Pnnted Name and Title City of Wichita Falls. Taxes Name of Government Entity By. /s/ Ilia Banana Authorised Representative -Jim Beraiia. City Mannew Pirated Name and Title la~rlota! 9- Agroemaat Additional Party Agreement The Government Entity of the State of Texas named below, acting by and through the undersigned Authorized Representative, hereby agrees to become a party to that certain Interlocal Agreement to which dus page is attached, and thereby become a Participant in the Local Government Investment Cooperative, subject to all of the terms and provisions of such Agreement. The undersigned hereby represents that it is a Government Entity as defined in such Agreement. / Executed this day of 199 APPROVED AS TO LEGAL FORM ft /P T~.Y(~ HERBERT L PROUTY, CITY ATTORNEY Name o Government Entity BY I6-,4 PC-L's FA~ By: Authorized Representative 8oB 114;SJJ sicY .;y1hoR Printed Name and Mde ACCEPTED: Local Government Investment Cooperative By, -_L IAQIC Administrator Corrine L. Steeger, Vice President Printed Name and Title llwh ed A`mpment -10- 01 1 A \AMUIMC CTY RESOLUTION NO /Z9S- m7O A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and Denton County for ambulance services, a copy of which is attached hereto and in- corporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City SECTION II. That this resolution shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the 171,h day of (Q(pcwu 1995 /~I✓ ~.eJ.Q/L[a~ BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP ?ED AS TO LEGAL FORM HERBERT L~ DPROUTY, CITY ATTORNEY BY ORIGINAL THE STATE OF TEXAS ) COUNTY OF DENTON ) TNTERi o AT COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT is made and entered into this day of 1995, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "County" and the "CITY OF DENTON", a municipality located in Denton County, Texas, hereinafter referred to as "City " WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County, and WHEREAS, City is a municipality engaged in the provision of ambulance service and related services for the benefit of the citizens of Denton County, and WHEREAS, City is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirm, or inured and has in its employ such trained personnel whose duties are related to the use of such vehicles and equipment, and WHEREAS, County desires to obtain emergency medical services rendered by City, as more fully hereinafter described for the benefit of the residents of Denton County, Texas, and WHEREAS, the provision of emergency medical services is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties, and WHEREAS, County and City mutually desire to be subject to the provisions of V T C A Government Code, Chapter 791, the Interlocal Cooperation Act, V T C A Health and Safety Code, Section 774 003 and other applicable statutes and contracts pursuant thereto, NOW, THEREFORE, County and City for the mutual consideration hereinafter stated, agree as follows INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE 1 SERVICES DENTON 1995 96 I The effective date of this agreement shall be the 1st day of October, 1995 II The term of this agreement shall be for the period of October 1, 1995 to and through September 30, 1996 Each party may ter unate this agreement by giving the other party written notice of intent to terminate sixty (60) days after receipt of such notice III As used herein, the words and phrases hereinafter set forth shall have the meanings as follows A "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons Whether the aforementioned circumstances in fact exist is solely up to the discretion of the City For dispatch purposes only, "emergency" shall include, but not be limited to 1 The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to a place of treatment and emergency medical treatment is thereafter administered, and 2 The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to the closest medical facility, B "Rural area" means any area within the boundaries of Denton County, Texas, and without the corporate limits of all incorporated cities, towns and villages within said County C "Urban area" means any area within said County, within the corporate limits of an incorporated city, town or village D "Emergency ambulance call" means a response to a request for ambulance service by the personnel of City in a situation involving an emergency (as such word is heremabove defined) INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE 2 SERVICES DCNTON 1995 96 through the instrumentality of an ambulance vehicle Within the meaning hereof, a single call might involve the transportation of more than one person at a time IV A Services to be rendered hereunder by City are ambulance services normally rendered by City under circumstances of emergency as heremabove defined to citizens of County B THE DBNTON Ambulance Department shall respond to the requests for ambulance services made within designated area 2 of County, as set out in exhibit "A", attached hereto and incorporated by reference C It is recognized that the officers and employees of City have duties and responsibilities which include the rendering of ambulance services and it shall be the responsibility and within the sole discretion of the officers and employees of City to determine priorities in the dispatching and use of such equipment and personnel and the judgment of any such officer or employee as to any such matter shall be the final determination V The County shall designate the County Judge to act on behalf of County and to serve as "Liaison Officer" between County and City The County Judge or his designated substitute shall insure the performance of all duties and obligations of County herein stated, devote sufficient time and attention to the execution of said duties on behalf of County in full compliance with the terms and conditions of this agreement and provide supervision of County's employees, agents, contractors, sub-contractors and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of County and City VI City shall ensure the performance of all duties and obligations of City as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of City in full compliance with the terms and conditions of this agreement and shall provide immediate and direct supervision of the City employees, agents, contractors, sub-contractors and/or laborers, if any, in INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE 3 SERVICES DENTON 1995 96 the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of City and County VII For the services heremabove stated, County agrees to pay Provider a fee of $229,859 00 based on a funding formula as follows First, the readiness sum is 782 per capita based on population, for a maximum of $79,957 00 Second, a sum of $407 88 per ambulance run will be paid, for a maximum of $24,88100 This sum is based upon the number of runs made by Provider in fiscal year 1995 Third, a fixed sum will be paid based on size of covered rural area, for a maximum of $125,02100 Payments will be paid quarterly, commencing on October 1, 1995 The remaining payments shall be made respectively on or before January 1, 1996, April 1, 1996, and July 1, 1996 The population and mileage figures used were obtained from North Central Texas Council of Governments An ambulance call is defined as the actual treatment and transport of a patient to a medical facility If the patient is not transported, there would be no ambulance call according to this agreement The Provider transporting the patient shall receive payment regardless of the service delivery area in which the call originated The Provider shall submit all requests for payment using a standardized ambulance transportation reporting form approved and provided by the County The form shall be submitted within five (5) days of performance by the Provider Reporting forms shall be completed in full and contain accurate patient information Forms may be submitted by personal delivery, U S mail, facsimile, or computer link Completed forms shall be submitted to the office of the Denton County Fire Marshall VIII County agrees to and accepts full responsibility for the acts, negligence and/or omissions of all County's officers, employees and agents IX City agrees to and accepts full responsibility for the acts, negligence and/or omissions of all City's officers, employees and agents INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE 4, SERVICES DENTON 1995 96 X In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other parry in writing of such default and intention to declare this agreement teminated Unless the default is cured as aforesaid, this agreement shall terminate as if that were the day originally fixed herein for the expiration of the agreement XI This agreement may be terminated at any time by either party giving sixty (60) days advance notice to the other party In the event of such termination by either party, City shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement In the event of such termination, should City be overcompensated on a pro rata basis for all services performed to termination date and/or be overcompensated reimbursable expenses as authorized by this agreement, then County shall be reimbursed pro rata for all such overcompensation Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement XII The fact that County and City accept certain responsibilities relating to the rendering of ambulance services under this agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent possible under the law Neither City nor County waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions XIII This agreement represents the entire and integrated agreement between City and County and supersedes all prior negotiations, representations and/or agreements, either written or oral This agreement may be amended only by written instrument signed by both parties INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE 5 SERVICES DENTON 1995 96 XIV This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas XV In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible XVI The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extended said authority have been duly passed and are now in full force and effect INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE 6 SBRVICBS DENTON 199596 EXECUTED in duplicate originals, this th4 F7a of i 1995 COUNTY CITY DENTON COUNTY, TEXAS CITY OF DENTON 110 WEST HICKORY 215 EAST MCKINNEY DENTON TEXAS 76201 DENTON, TEXAS 76201 By By J f : s ley Title on ounty Judge !l•a8-9 Acting o half of and by Acting on behalf of and by the authority of DENTON COUNTY the authority of the City of Commissioners Court of DENTON, TEXAS Denton County, Texas ATTEST A T BY s,~( B Tim Hodges ity Se tart' Denton County Clerk APPROVED AS O FORM APPRO AS TO FO Assistant District Attorney City Attorney APPROVED AS TO CONTENT APPROVED AS TO )(ONTENT 11 i Dent ounty ire Marshall ire Chief INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE 7 SERVICES DENTON 199596 IN. IIUIHXH r ~ a- Y M M V u~r ~ V' r/ry~ + ; A 7C ,r ~ir."T ~h,tJ °+jy 1 P 1:l kY~ , a. i ~ }IF y ' rtA } r wry °+r't'^rs'~I }M'~ ~ cf O YI ~1 V it rF ).r+r ['4Y i I ,u.iA°~ 1 ~ FrV+~~}t~ ~ 1'A £ , or:,V' nY u. .1 7J f F • ~ rl t 4 . ! ~ (3 . r til yy IJt rl , S, ' L. rT fmi 1 M' Y r .r" rI~ y. ~t 'AL'T T e~ r , ~ rye , ~4. t♦ r I,T t nl t 401 Ql N 'I Y_ A \MUN JUD RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING ROBIN RAMSAY AS THE ACTING CHIEF JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE CONTRACT FOR HIS TERM OF EMPLOYMENT; ESTABLISHING A TERM OF OFFICE FOR THE ACTING CHIEF JUDGE; AND DECLARING AN EFFECTIVE DATE WHEREAS, on or about July 18, 1995 City entered into an Agreement with Robin Ramsay to employ Robin Ramsay as a Part-time Judge ("Agreement"); and WHEREAS, City desires to employ Robin Ramsay as Acting Chief Judge until the City appoints a Chief Judge or midnight July 18, 1996, whichever is earlier; and WHEREAS, Robin Ramsay desires to accept said employment; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That Robin Ramsay is hereby appointed as Acting Chief Judge of the Municipal Court of Record of the City of Denton, Texas beginning October 10, 1995 and continuing until such time as the City Council of the City of Denton appoints a Chief Judge or midnight July 18, 1996, whichever is earlier. SECTION II. That the Mayor is authorized to execute an amendment to the contract with Robin Ramsay, providing for his terms of employment, a copy of which is attached hereto and incorporated by reference herein. SECTION III. This resolution shall become effective immediately upon its passage and ap~/p/~r/oov~al. PASSED AND APPROVED this the O/ day of e AA__, 1995 I&L BOB CASTLEBERRY, MAYO ATTEST: JENNIFER WALTERS, CITY SECRETARY r BY APP D AS O LEGAL FORM. HERB T L. PROUTY, CITY ATTORNEY BY: l ifs nSG` A \PART-TIM JUD EMPLOYMENT AGREEMENT THIS AMENDMENT TO EMPLOYM AGREEMENT ("AM~E~ND.~IEPnCiREENENT") is made and entered into this day of 1995 by and between the City of Denton, Texas, a Municipal Corporation of the State of Texas, hereinafter referred to as "City" and Robin Ramsay, hereinafter referred to as "Part-time Judge" or "Acting Chief Judge". WHEREAS, on or about July 18, 1995 City entered into an Agreement with Robin Ramsay to employ Robin Ramsay as a Part-time Judge ("Agreement"); and WHEREAS, City desires to employ Robin Ramsay as Acting Chief Judge until the City appoints a Chief Judge or midnight July 18, 1996, whichever is earlier; and WHEREAS, Robin Ramsay desires to accept said employment; NOW, THEREFORE, The Agreement is amended to read as follows: WITNESSETH: 1. City does hereby agree to employ Robin Ramsay July 18, 1995 and continuing through midnight July 18, 1996, at a salary of either $26.00 per hour for a minimum of twenty (20) hours a week during such time that Robin Ramsay serves as Part-time Judge, or $28.60 per hour during such time that Robin Ramsay serves as Acting Chief Judge. During Robin Ramsay's term of employment, City shall provide the same benefits available to regular part-time City employees (e.g., group health insurance - 1/2 of basic insurance premium for employee only coverage paid by City). 2. Beginning October 10, 1995 and continuing until the earlier of such time that the City Council of the City of Denton appoints a Chief Judge or midnight July 18, 1996, Robin Ramsay shall serve as Acting Chief Judge. Provided the City Council of the City of Denton appoints a Chief Judge prior to midnight July 18, 1996, Robin Ramsay shall serve as Part-time Judge for the remaining term of this AMENDED AGREEMENT. 3. City does hereby agree to review Robin Ramsay's compensation on an annual basis at the time the part-time Judge's performance is reviewed by the City Council. 4. Robin Ramsay serving as Part-time Judge, will receive assign- ments and work schedules within the discretion of the Chief Judge Robin Ramsay serving as the Part-time Judge agrees that he shall be available to perform and shall perform if directed, the duties set forth in the Assistant Municipal Court Judge job description, a copy of which is attached hereto and incorporat- ed herein as Exhibit "A". 5. Robin Ramsay, serving as Acting Chief Judge, shall perform the duties of the Chief Judge as described in Exhibit "C" attached hereto and incorporated herein as if set forth at length. 6. The City hereby agrees to consider in the Court's annual budget request an allocation of funds for travel, registration costs and subsistence expenses for professional and official develop- ment programs for Robin Ramsay and consider allowing Robin Ramsay to attend functions as a representative for the City, including, but not limited to, the Texas Bar Convention, the Texas Municipal Judge's Association Meeting, non-mandatory short courses, institutes and training seminars relating to criminal law or responsibilities of judges (which qualify for continuing legal education credit), legal or governmental group meetings at the state or local level and committees thereof in which he serves as a member by reason of his appointment as a judge. The City will budget and pay $600 for mandatory judicial education training. 7. The City agrees to pay Robin Ramsay's dues for the Texas Municipal Court Association. The City hereby agrees to con- sider in the Court's annual budget request an allocation of funds for dues in state and local legal associations and organizations necessary and desirable for his continued profes- sional participation, growth and advancement, and for the good of the City of Denton. The city will not pay for occupational taxes assessed Robin Ramsay or for local bar association dues. 8. During this Agreement, Robin Ramsay shall comply with all provisions of the Code of Judicial Conduct, the Denton City Charter, Subchapter Y, or Chapter 30 of the Texas Government Code, and all other applicable laws pertaining to the operation of the Denton Municipal Court of Record, and his duties as a Magistrate. In the event of a conflict between the terms of this Agreement and said Code, Charter, Statutes and laws, the terms of said Code, Charter, Statutes and laws shall govern. 9. Robin Ramsay shall not take on representation of a client adverse to the City of Denton. The part-time Judge shall not represent a client in a case where an employee of the City of Denton, in his capacity as an employee of the City of Denton is a witness or may be summoned to appear as a witness. 10. Robin Ramsay warrants he meets the minimum qualifications listed in the City's Job Opportunity Announcement (JOA:0158), a copy of which is attached hereto and incorporated herein as Exhibit "B", and is capable of performing the major duties and meeting the conditions of employment described in such JOA. 11. The City may remove Robin Ramsay from office during his term pursuant to and in accordance with the requirements of §30.987(c) of the Texas Government Code, or its successor, as same may hereafter be amended. 12. A request by Robin Ramsay for release from this AMENDED AGREEMENT prior to the end of its term must be submitted in writing to the Mayor for City Council approval not less than thirty (30) days prior to the requested date of termination. Unapproved abandonment of the AMENDED AGREEMENT shall be considered a default by Robin Ramsay in the performance of this AMENDED AGREEMENT. This AMENDED AGREEMENT represents the entire and integrated agreement between City and the Robin Ramsay, and supersedes all prior negotiations, representations, contracts, either written or oral. This AMENDED AGREEMENT may be amended only by written instrument signed by both the City and Robin Ramsay. Robin Ramsay further states that he has carefully read the foregoing AMENDED AGREEMENT, and knows the contents thereof, and signs the same as his own free act. IN WITNESS WHEREOF, City has caused this AMENDED AGREEMENT to be signed in its name by Bob Castleberry, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and Robin Ramsay has hereunto set his hand and seal the day and year first above written. CITY OF DENTON, TEXAS OBIN RAMSAY BOB CASTLEBERRY, MAY R ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:_ APP OVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: rA ~n. PAGE 3 EXHIBIT A -5 JOA JCN ASSISTANT MUNICIPAL COURT JUDGE SALARY DEPARTMENT MUNICIPAL JUDGE Joe SUMMARY. Under the administrative direction of the city council, presides over Municipal Court sessions and functions as a magistrate to administer justice in the disposition of cases involving ordinance or statutory misdemeanor violations within the jurisdiction of the Municipal Court MAJOR DUTIES: o Performs Municipal Judge and Magistrate duties as outlined in Texas State Law, and as scheduled by the Municipal Court Judge o Presides over trials and renders judgments for misdemeanor violations, violations of city ordinances, traffic violations and any other cases within the jurisdiction of the Municipal Court o Authorizes issuance of warrants, summons, magistrate warnings, etc o Arraigns prisoners, note bonds, reviews fines, and accepts pleas o Facilitates efficient disposition of cases and other matters connected with proper processing of paperwork through the Court Clerks office o May be assigned to nit and perform all functions that would normally be performed by the Municipal Judge as needed o Performs other related duties as directed by city Council and the Municipal Judge, in accordance with State law MINIMUM QUALIFICATIONS: o Juris Doctorate from an accredited institution o License to practice law in the state of Texas (and be in good standing) o United States citizen. o Resident of the state of Texas o Valid Texas Class C driver's license CONDITION OF EMPLOYMENT. o Will be required to preside over most evening court dockets and any other dockets as assigned by the Municipal Judge o Must be available to be called on to perform duties at unusual hours, including evenings, weekends and holidays PREFIRENCE FOR EMPLOYMENT: o May be given to person with experience in the practice of criminal law AAA00609 JOB OPPORTUNITY ANNOUNCEMENT EXHIBIT B JOA 0158 JCN: DJ90 ASSISTANT MUNICIPAL COURT JUDGE PART-TIME SALARY: $15.43/Hr -$17 36/Hr. DEPARTMENT: MUNICIPAL JUDGE JOB SUMMARY. Under the administrative direction of the City Council, presides over Municipal Court sessions and functions as a magistrate to administer justice in the disposition of cases involving ordinance or statutory misdemeanor violations within the jurisdiction of the Municipal Court MAJOR DUTIES: o Performs Municipal Judge and Magistrate duties as outlined in Texas State Law, and as scheduled by the Municipal Court Judge o Presides over trials and renders judgments for misdemeanor violations, violations of city ordinances, traffic violations and any other cases within the jurisdiction of the Municipal Court o Authorizes issuance of warrants, summons, magistrate warnings, etc o Arraigns prisoners, sets bonds, reviews fines, and accepts pleas o Facilitates efficient disposition of cases and other matters connected with proper processing of paperwork through the Court Clarke Office. o May be assigned to sit and perform all functions that would normally be performed by the Municipal Judge as needed. o Performs other related duties as directed by City Council and the Municipal Judge, in accordance with State law. MINIMUM QUALIFICATIONS: o Juris Doctorate from an accredited institution o License to practice law in the state of Texas (and be in good standing) CONDITION OF EMPLOYMENT: o Will be required to preside over most evening court dockets and any other dockets an assigned by the Municipal Judge. o Must be available to be called on to perform duties at unusual hours, including evenings, weekends and holidays. o Must be United States citizen and resident of the state of Texas o Must have valid Texas Class C driver's license PREFERENCE FOR EMPLOYMENT: o May be given to person with experience in the practice of criminal law Closing Date: June 24, 1994 CITY OF DENTON AAAOOSD9 MA AAAOOSac Muew PA 1-0 . CePwb M 001 E Mbkw7. auks A D~ Tx 79206 deb Im hm da Lir t174e9•eM7 TMplwr t 217406-VJ 0 EXHIBIT "C" APPROVAL DATEt 01/01/92 REVISION DATE: PAY GRADE 27 DEPARTMENTS Legal DIVISION: JOB TITLE: Municipal Court Judge JOB NUMBER* JL10 TITLE OF IMMEDIATE SUPERVISOR: City Council MAJOR STIES: o Presides over trials and renders judgments for misdemeanor violations, violations of city ordinances, traffic violations and any other cases within the jurisdiction of the Municipal Court. o Authorizes issuance of search, arrest, inspection and mental warrants o Arraigns prisoners, eats bonds, reviews fines, and issues magistrates warnings. o Oversees scheduling of all cases and activities of the Court o Evaluates cases with defendants and their attorneys o Maintains court records as required by Texas State Law o Provides information to attorneys and citizens regarding warrants, appeals, and hearing dates and locations o Develops new programs for court processing o Communicates and develops goals for the upcoming year o Counsels with youth and parents. o Administers programs in conjunction with the City Attorney, Police and Court Clerks. o Establishes and administers the organization, policies and priorities for the department. o Develops and recommends to the City Manager and Council the annual and long-range plans for the Municipal Court o Prepares and submits the annual budget request for the department to the City Manager and City Council. o Monitors all expenditures for the department o Performs a full scope of supervisory responsibilities including recruitment, selection, hiring, counseling and evaluation of employees o Performs other related duties as directed by City Council or in accordance with State law EXHIBIT B Mercer/AAAOIBFB MUNICIPAL COURT "mrg Revised Pgoe of MINIMUM OUALIFIQATIONS: o Juris Doctor (JD degree). o Two years experience in the practice of law in the state of Texas. o Certification, membership in the State Bar of Texas o License to practice law in the state of Texas o Availability to be called on to issue warrants at unusual hours o Valid Texas Class C driver's license Mercer/AAA018FB A \RES AST RESOLUTION NO. R95 "~~~Z A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING NANCY JESSEE AS ASSISTANT MUNICIPAL JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR HER TERM OF OFFICE; ESTABLISHING FEES FOR PAYMENT FOR HER SERVICES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the City Council to appoint Assistant Municipal Judges to handle the judicial functions of the Municipal Court of Record in the absence of the Chief Judge; and WHEREAS, Ordinance Number 94-014, adopted pursuant to TEX. GOVT CODE §30.982 (Vernon Supp. 1994) provides that the governing body of the City shall appoint assistant municipal judges as it deems necessary; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES, SECTION I. That Nancy Jessee is hereby appointed as an Assistant Municipal Judge of the Municipal Court of Record of the City of Denton, Texas for a period beginning October 17, 1995 and terminating upon the appointment of a Chief Judge, or midnight July 31, 1996, whichever is earlier. SECTION II. That the Mayor is authorized to execute a contract, a copy of which is attached hereto and incorporated by reference herein, providing for the terms of her employment. SECTION III. This resolution shall become effective immediately upon passage and approval. day of VC , 1995. PASSED AND APPROVED this theaVIL) BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CI Y SECRETARY . BY: APP O ED A TO LEGAL FORM: HER RT L. PROUTY, CITIIY//I ATTORNEY BY: A) OAIMO O/,- Y ~~K1M~ CONTRACT FOR SERVICES THIS CONTRACT, made and entered into this day of r~~ 1995 by and between the City of Denton, Texas, a Municipal Cor- poration of the State of Texas, hereinafter referred to as "City", and Nancy Jessee, hereinafter referred to as "Assistant Municipal Judge". WITNESSETHs 1. City does hereby contract for the services of Nancy Jessee for a period beginning on October 17, 1995, and continuing until the appointment of a Chief Judge by the City Council of the City of Denton, or midnight, July 31, 1996, whichever is earlier at the following compensation. (a) COURT SESSIONS AND JAIL ARRAIGNMENTS - Time to be billed at $25.00 per hour, with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the Court shall not be included as billable time (b) OFFICE HOURS/PRE AND POST COURT SESSION PREPARATION - Time to be billed at $25.00 per hour, with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the Court shall not be included as billable time. (c) IN-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - Time to be billed at $25.00 per hour with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the meeting place shall not be included as billable time. (d) NANDATORY JUDICIAL EDUCATION TRAINING - City shall reim- burse or pre-pay the travel, meals and registration costs incurred by the Assistant Municipal Judge in attending this statutory required training in accordance with the City's Travel Reimbursement Policy. (e) CRIMINAL LAW AND EVIDENCE SEMINAR - City shall reimburse or pre-pay the travel, meals and registration costs, up to Three Hundred Dollars ($300.00), in accordance with the City's Travel Reimbursement Policy, incurred by the Assis- tant Municipal Judge in attending this type of continuing legal education seminar. The Assistant Municipal Judge agrees to render services at the aforementioned compensation terms. The Assistant Municipal Judge is responsible for maintaining accurate and complete time records, setting forth the date, description of services rendered, the time incurred in rendering such services, and the amount billed to City. Such time records shall be submitted to the Chief Judge or Acting Chief Judge for review on a bi-weekly basis, and on the same date as required for City personnel payroll. Payment will be processed and paid in accordance with the City's payroll schedule. City will allow the Assistant Municipal Judge to direct payment to the financial institution of her own choosing. No additional benefits beyond the stated compensation will be provided. 2. The Assistant Municipal Judge will receive assignments and work schedules within the discretion of the Chief Judge, Acting Chief Judge, or his/her designee. The Assistant Municipal Judge shall be available to perform and shall perform if directed, the duties as stated in the Assistant Municipal Judge Job Description attached hereto and incorporated herein as Exhibit "B". 3. The Assistant Municipal Judge shall not take on representation of a client adverse to the City of Denton. The Assistant Municipal Judge shall not represent a client in a case where an employee of the City of Denton, in his capacity as an employee of the City of Denton is a witness or may be summoned to appear as a witness. 4. During the duration of this Contract, the Assistant Municipal Judge shall comply with all provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30 of the Texas Government Code, Subchapter Y, and all other applicable laws pertaining to the operation of the Denton Municipal Court of Record, and her duties as a Magistrate. In the event of a conflict between the terms of this contract and said Code, Charter, Statutes and laws, the terms of said Code, Charter, Statutes and laws shall govern. 5. The City may remove the Assistant Municipal Judge from office during her term pursuant to and in accordance with the require- ments of §30.987(c) of the Texas Government Code, or its successor, as same may hereafter be amended. This Contract represents the entire and integrated Contract between City and the Assistant Municipal Judge, and supersedes all prior negotiations and representations and/or contracts either written or oral. This Contract may be amended only by written instrument signed by both the City and the Assistant Municipal Judge. The Assistant Municipal Judge further states that she has carefully read the foregoing Contract, and knows the contents thereof, and signs the same as her own free act. IN WITNESS WHEREOF, City has caused this Contract to be signed in its name by Bob Castleberry, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Assis- tant Municipal Judge has hereunto set his hand and seal the day and year first above written. ASSISTANT JUDGE CONTRACT - Page 2 ASSISTAN ICIPAL JUDGE CITY OF DENTON, TEXAS By: N Y BOB CASTLEBERRY, MA OR AT EST: JENNIFER WALTERS, CITY SECRETARY BY: it I 'JA _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: A WESSEE K ASSISTANT JUDGE CONTRACT - Page 3 ErHIB~T A JOA JCN ASSISTANT MUNICIPAL COURT JUDGE SALARY DEPARTMENT MUNICIPAL JUDGE JOB SUMMARY. Under the administrative direction of the city council, presides over Municipal Court sessions and functions as a magistrate to administer justice in the disposition of cases involving ordinance or statutory misdemeanor violations within the jurisdiction of the Municipal Court MAJOR DUTIES o Performs Municipal Judge and Magistrate duties as outlined in Texas State Law, and as scheduled by the Municipal Court Judge. o Presides v trials and renders judgments for city ordinances, traffic violations and any othertcases within the jurisdiction of the Municipal Court o Authorizes issuance of warrants, summons, magistrate warnings, etc o Arraigns prisoners, seta bonds, reviews fines, and accepts pleas o Facilitates efficient disposition of cases and other matters connected with proper processing of paperwork through the Court Clarks office o May be assigned to sit and perform all functions that would normally be performed by the Municipal Judge as needed o Performs other related duties as directed by City Council and the Municipal Judge, in accordance with State law. MINIMUM QUALIFICATIONS: o Juris Doctorate from an accredited institution o License to practice law in the state of Texas (and be in good standing) o United States citizen. • Resident of the state of Texas. o Valid Texas Class C driver's license CONDITION OF EMPLOYMENT- o Will be required to preside over most evening court dockets and any other dockets as assigned by the Municipal Judge. p Must be available to be called on to perform duties at unusual hours, including evenings, weekends and holidays PJREFIRENCE FOR EMPLOYMENT: o May be given to parson with experience in the practice of criminal law AAA00609 JOB OPPORTUNITY ANNOUNCEMENT EXHIBIT B JOA- 0158 JCN- DJ90 ASSISTANT MUNICIPAL COURT JUDGE PART-TIME SALARY: $15 43/Hr -$17 36/Hr DEPARTMENT- MUNICIPAL JUDGE JOB SUMMARY Under the administrative direction of the City Council, presides over municipal Court sessions and functions as a magistrate to administer justice in the disposition of cases involving ordinance or statutory misdemeanor violations within the jurisdiction of the municipal Court MAJOR DUTIES: o Performs Municipal Judge and Magistrate duties as outlined in Texas State Law, and as scheduled by the Municipal Court Judge. o Presides v trials and renders city ordinances, trafficsviolationssand any othertcases within the jurisdiction of the municipal Court o Authorizes issuance of warrants, summons, magistrate warnings, etc o Arraigns prisoners, sets bonds, reviews fines, and accepts pleas o withl proper eprocessinepodisposition through the Court Clerks Office connected P 9 of paperwork o May be assigned to sit and perform all functions that would normally be performed by the Municipal Judge as needed. o Performs other related duties as directed by city council and the Municipal Judge, in accordance with State law MINIMUM QUALIFICATIONS: o Jurie Doctorate from an accredited institution o License to practice law in the state of Texas (and be in good standing). CONDITION OF EMPLOYMENTa o Will be required to preside over most evening court dockets and any other dockets as assigned by the Municipal Judge o Must be available to be called on to perform duties at unusual hours, including evenings, weekends and holidays. o Must be United States citizen and resident of the state of Texas. o Must have valid Texas Class C driver's license PREFERENCE FOR EMPLOYMENT: o May be given to person with experience in the practice of criminal law Closing Date: June 24, 1994 - CITY OF OENTON A,UOObo9 uuoasx H-w a...:.w. D"WW" l 001 L HWAM, Oulu A V~ TX 70204 Job bow do : Lkw 01700040917 ToMpwr 0 t17 00assso I ' i Next Doc', ment I I 3 F 1 t ' I A\CENAPP HOD RESOLUTION NO I A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council of the City of Denton, Texas, hereby casts 94 votes for Bill Giese and 162 votes for Mary Horn for membership to the Board of Directors of the Denton Central Appraisal District for the County of Denton, Texas SECTION II, That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the e' day of MOVe~he-✓, 1995 BOB CASTLEBERRY, MAY R ATTEST JENNIFER WALTER^S, CITY SECRETARY BY APPROVED AS TO LEGAL FORM o HERBERT L PROUTY, CITY ATTORNEY BY f %vG A \NTEX EDU RESOLUTION NO A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC , AND DECLARING AN EFFECTIVE DATE WHEREAS, the term of office for Places 6, 8, and 9 on the Board of Directors of the North Texas Higher Education Authority, Inc , having expired, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That 0 jh is hereby reap- pointed to Place 6 on the Bo d of rectors of the North Texas Higher Education Authority, In for a term commencing October 1, 1995, and continuing through September 30, 1997 SECTION II That iJ. ~}u~0,tn1[J is hereby reap- pointed to Place 8 on t card of Directors of the North Texas Higher Education Authority, Inc for a term commencing October 1, 1995, and continuing through September 30, 1997 SECTION III, That ivn is hereby reap- pointed to Place 9 on th Boar of Directors of the North Texas Higher Education Authority, Inc for a term commencing October 1, 1995, and continuing through September 30, 1997 SECTION IV, That this resolution shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the / day ofAe L( , 1995 BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS,,CI)TY SECRETARY BY CtJ~~~ APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ~V A \DENTMAIN US RESOLUTION NO 9-ate A RESOLUTION RECOMMENDING THAT THE DENTON MAIN STREET PROGRAM BE ENTERED INTO THE GREAT AMERICAN MAIN STREET AWARDS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the downtown area and the Square in Denton has been the focal point of the commercial and social growth and success of Denton for nearly a century and a half, and continues to hold a place of honor in our community, and WHEREAS, the citizens of Denton and the merchants of Downtown Denton have endeavored to preserve and promote the unique heritage of Denton, and many volunteers have unselfishly contributed untold hours of their time and effort to the economic revitalization and development of the Downtown Denton area and the Square, and WHEREAS, the citizens of Denton, the merchants of the downtown area and the Square, and the employees of the City of Denton Main Street have joined in a unique partnership in promoting these objectives for the downtown area and Square by forming and supporting the Denton Main Street Program and they believe that downtown revitalization efforts in Denton represent the spirit of our pioneer forefathers and the vigor of our present day entrepre- neurs, and WHEREAS, the success of the Denton Main Street Program in restoring economic vitality, preserving and restoring historic sites and the resulting commercial and social success in the Denton Downtown area and the Square is unsurpassed when compared to similar communities and should qualify this program for a Great American Main Street Award, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City of Denton fully supports the entry of the Denton Main Street Program in the Great American Main Street Awards competition SgCTION II That this resolution shall become effective immediately upon its passage and ~approval PASSED AND APPROVED this the{ day of)N&A~?A_, 1995 BOB CASTLEBERRY, 7 ATTEST JENNIFER WALTERS, CITY SECRETARY BY A OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY C Vw PAGE 2 E \WPDOCS\RES\TMPA SET RESOLUTION NO If fT_ 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING SETTLEMENT OF ISSUES AFFECTING TMPA CITIES AND THE AMENDMENT OF THE POWER SALES CONTRACT, DIRECTING THE MAYOR, CITY MANAGER, AND DENTON'S TMPA BOARD MEMBERS TO WORK DILIGENTLY ON BEHALF OF THIS COMPROMISE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the member cities of Texas Municipal Power Agency ("TMPA"), Bryan, Denton, Garland, and Greenville, have been long- time public power allies, and WHEREAS, the Cities of Bryan, Denton, Garland, and Greenville have jointly entered into a Power Sales Agreement governing the jointly owned TMPA, and WHEREAS, certain disagreements have risen about the methodolo- gies of application of the Power Sales Agreement, and WHEREAS, the four allied cities wish to amicably resolve all of these disagreements, and WHEREAS, the City Council of the City of Denton believes that a fair and equitable resolution of each of the issues can be reached and that it is in the best interest of the citizens of the City of Denton to reach an agreement with the other cities and to provide for the amendment of the Power Sales Contract to effect the agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council of the City of Denton conceptually endorses the following compromise of the issues of percentages for the member cities, rate/debt reduction and flexibility as follows The percentages for the member cities shall be fixed as follows Greenville - Ten percent (10%) Garland - Forty-seven percent (475) Denton - Twenty-one and three-tenths percent (21 3%) Bryan - Twenty-one and seven-tenths percent (21 7%) The TMPA Board shall adopt the lowest possible rate for power and energy on an annual basis (utilizing the mechanisms outlined by Fulbright & Jaworski and First Southwest, provid- ing each city with the opportunity to establish a debt reduction account with TMPA thereby mitigating the impact of increasing debt on the city) Each member city will have the option to acquire power and energy for its future needs through any means it deems reasonable Each member city will support default provisions The Power Sales Contract shall be amended to incorporate the resolutions of these issues SECTION II That the City Council of the City of Denton hereby authorizes its Mayor, City Manager, and TMPA Board members to work diligently in furtherance of this compromise detailed in Section I of this resolution, and to take all actions necessary to facilitate the implementation of the compromise SECTION III That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the Xil~ day of , 1995 BO CASTLEBERRY, MAY ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 Next Document H \AMBUIMC EER RESOLUTION NO q S 7 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Argyle for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City SECTION II. That this resolution shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the 5111". day of 1995 BOB CASTLEBERRY, MAYO ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNE BY A \ARGYLE K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton The City of Argyle would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens Pursuant to Chapter 774 of the TEX HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX GOV'T CODE ANN §791.001, et sec., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city Agreement This Agreement is made on the - day of 1995 , between the City of Denton, Texas ("Denton"), and The City of Argyle ("Argyle") The parties agree as follows 1. Definitions Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury 2. Denton to Provide EMS to Argyle. Denton shall provide emergency medical services to Argyle in response to requests for emergency medical services in accordance with this Agreement All requests for emergency medical services for persons residing in the corporate limits of Argyle shall be communicated to Denton in the manner specified by Denton 3. Discretion in Providing E.M.S. Argyle understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Argyle, to determine (a) whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service, (c) The order is which to respond to a request for emergen- cy medical service, and (d) The time in which to respond to a request for emergency medical service 4. Service Fee In consideration for providing emergency medi- cal services to Argyle, Argyle agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Argyle by Five Dollars and Seventy-five Cents (population x $5 75) The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directorv The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term Denton may, after giving prior notice, suspend service to Argyle during any period of time Argyle is delinquent in the payment of any undisput- ed service fee 5. Patient Charges In addition to the service fee paid by Argyle, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton 6. Governmental Immunity Not Waived Neither Denton or Argyle waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement 7. Term The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1995 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement 8. Termination; Default Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated Argyle shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination 9. Notices All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows To Denton To Argyle City Manager Mayor City of Denton City of Argyle 215 E McKinney P O Box 1035 Denton, Texas 76201 Argyle, Texas 76226 PAGE 2 10. Agreement Not for Benefit of Third Parties This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party 11. Assignment Neither party shall assign this Agreement except upon the prior written consent of the other EXECUTED on the 5*11% day of segca2ne , 199SL CITY OF DENTON, TEXAS BY BOB CASTLEBERRY, MAY R ATTEST. JENNIFER WALTERS, CITY SECRETARY 6+ ~s6w O BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY CITY OF ARGYLE . BY V r° R ATTEST. M~ r J pF ANQY Y E {t +pva~u O I F .ate wawa PAGE 3 B \AMBULMC EER RESOLUTION NO A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Corinth for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City SECTION II That this resolution shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the day of199,6 BO CASTLEBERRY, MAYO ATTEST. JENNIFER WALTE^RSS,, --CITY SECRETARY BY APPROVED AS TO LEGAL FORM. Q HERBERT L PROUTY, CITY ATTORNEY BY A \CORINTH K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton The City of Corinth would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens Pursuant to Chapter 774 of the TEX HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX GOVT CODE ANN §791.001, et sea., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city Agreement This Agreement is made on the 2nd day of November 199 , between the City of Denton, Texas ("Denton"), and The City of Corinth ("Corinth") The parties agree as follows 1. Definitions Emergency Medical Services or E M S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury 2. Denton to Provide EMS to Corinth. Denton shall provide emergency medical services to Corinth in response to requests for emergency medical services in accordance with this Agreement All requests for emergency medical services for persons residing in the corporate limits of Corinth shall be communicated to Denton in the manned' specified by Denton 8. Discretion in Providing E.M.S. Corinth understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Corinth, to determine (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service, (c) The order is which to respond to a request for emergen- cy medical service, and (d) The time in which to respond to a request for emergency medical service 4. Service Fee In consideration for providing emergency medi- cal services to Corinth, Corinth agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Corinth by Five Dollars and Seventy-five Cents (population x $5 75) The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directorv The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term Denton may, after giving prior notice, suspend service to Corinth during any period of time Corinth is delinquent in the payment of any undisputed service fee 5. Patient Charges In addition to the service fee paid by Corinth, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton 6. Governmental Immunity Not Waived Neither Denton or Corinth waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement 7. Term The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1995 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement S. Termination; Default Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination If either party breaches a provision of this Agreement, the other party, shall give the defaulting party written notice of the de- fault Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated Corinth shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination 9. Notices All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows To Denton To Corinth City Manager Mayor City of Denton City of Corinth 215 E McKinney 2003 South Corinth Street Denton, Texas 76201 Corinth, Texas 76205 PAGE 2 10. Agreement Not for Benefit of Third Parties This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party 11. Assignment Neither party shall assign this Agreement except upon the prior written consent of the other EXECUTED on the tday of D--ka..+-.~ ' 199 CITY OF DENTON, TEXAS BY A"~~ BOB CASTLEBERRY, M OR ATTEST JENNIFER WALTERS, CITY SECRETARY BY M APPROVED AS TO LEGAL FORM- HERBERT L PROUTY, CITY ATTORNEY BY CITY OF CORINTH BY MAYOR ATTEST BY jw" S RETARY PAGE 3 B \AMBULMC SEA RESOLUTION NO ~~I ✓ A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Lake Dallas for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City SECTION II. That this resolution shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the +a_ day of pecxlrr~y 1995 BOB CASTLEBERRY, MAYO ATTEST JENNIFER WALTEERS', CITY SECRETARY BY ~lR..~.O+^.. ? J~--CSG-G 7.a7~r APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY a \lakedall k AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Lake Dallas would like to contract with the City of Denton to receive emergency medical services for its citizens Pursuant to Chapter 774 of the TEX HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX GOVT CODE ANN §791 001, et sea., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city Agreement This Agreement is made on the 5~ day of ! Z2w~^, y 199, between the City of Denton, Texas ("Denton"), and The City of Lake Dallas ("Lake Dallas") The parties agree as follows 1. Definitions Emergency Medical Services or E M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury 2. Denton to Provide EMS to Lake Dallas. Denton shall provide emergency medical services to Lake Dallas in response to requests for emergency medical services in accordance with this Agreement All requests for emergency medical services for persons residing in the corporate limits of Lake Dallas shall be com- municated to Denton in the manner specified by Denton 3. Discretion in Providing E.M.S. Lake Dallas understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Lake Dallas, to determine (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service, (c) The order is which to respond to a request for emergen- cy medical service, and (d) The time in which to respond to a request for emergency medical service 4. Service Fee In consideration for providing emergency medi- cal services to Lake Dallas, Lake Dallas agrees to pay to Denton an annual sum during each year of this Agreement determined by multi- plying the population in Lake Dallas by Five Dollars and Seventy- five Cents (population x $5 75) The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term Denton may, after giving prior notice, suspend service to Lake Dallas during any period of time Lake Dallas is delinquent in the payment of any undisputed service fee 5. Patient Charges In addition to the service fee paid by Lake Dallas, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton 6. Governmental Immunity Not Waived Neither Denton or Lake Dallas waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement 7. Term The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1995 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement 8. Termination; Default Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated Lake Dallas shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination 9. Notices All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows To Denton To Lake Dallas City Manager Mayor City of Denton City of Lake Dallas 215 E McKinney P O Box 386 Denton, Texas 76201 Lake Dallas, Texas 75065 10. Agreement Not for Benefit of Third Parties This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other e^ EXECUTED on the ~ day of Q~^►,~a..--, 199-? CITY OF DENTON, TEXAS BY AL&1~ BOB CASTLEBERRY, MAY R ATTEST- JENNIFER WALTERS, CITY SECRETARY BY L~ 1i.iamUA" APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY TO EY BY CITY OF LAKE DALLAS C BY d ATTEST ^ ~9~ Ull BY SECRETARY B \AMBULANC BER RESOLUTION NO N ^ ~ A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Ponder for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the mayor is hereby authorized to execute said agreement on behalf of the City SECTION II. That this resolution shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the day of1~=_~ - 199$ BOB CASTLEBERRY, MAYO ATTEST JENNIFER WALLTE'RS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY A \PONDER K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton The City of Ponder would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens Pursuant to Chapter 774 of the TEX HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX GOVT CODE ANN 9791 001, et sec., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city Agreement ` This Agreement is made on the ~ day of 199,ZL, between the City of Denton, Texas ("Denton"), and The City of Ponder ("Ponder") The parties agree as follows 1. Definitions Emergency Medical Services or E.M S means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury 2. Denton to Provide EMS to Ponder. Denton shall provide emergency medical services to Ponder in response to requests for emergency medical services in accordance with this Agreement All requests for emergency medical services for persons residing in the corporate limits of Ponder shall be communicated to Denton in the manner specified by Denton 3. Discretion in Providing E.M.S. Ponder understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Ponder, to determine (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service, (c) The order is which to respond to a request for emergen- cy medical service, and (d) The time in which to respond to a request for emergency medical service 4. Service Fee In consideration for providing emergency medi- cal services to Ponder, Ponder agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Ponder by Five Dollars and Seventy-five Cents (population x $5 75) The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directorv The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term Denton may, after giving prior notice, suspend service to Ponder during any period of time Ponder is delinquent in the payment of any undisput- ed service fee 5. Patient Charges In addition to the service fee paid by Ponder, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton 6. Governmental Immunity Not Waived Neither Denton or Ponder waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement 7. Term The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1995 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement 8. Terminations Default Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated Ponder shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination 9. Notices All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows To Denton To Ponder City Manager Mayor City of Denton City of Ponder 215 E McKinney P 0 Box 297 Denton, Texas 76201 Ponder, Texas 76259 PAGE 2 10. Agreement Not for Benefit of Third Parties This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party 11. Assignment Neither party shall assign this Agreement except upon the prior written consent of the other EXECUTED on the 5'k°~ day of T-'O?v- _ ~ , 1995-- CITY OF DENTON, TEXAS BY W&a& BOB CASTLEBERRY, MA OR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNE BY CITY OF PONDER BY YO ATTEST , BY SECRETARY PAGE 3 R \AMBULMC SRR RESOLUTION NO S V A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Sanger for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City SECTION II. That this resolution shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the day of199's BOB CASTLEBERRY, MAY R ATTEST JENNIFER WALTERS, CITY SECRETARY BY t.JA~-NWb~~. APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY / A \SANGER K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton The City of Sanger would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the TEX HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX 60V'T CODE ANN. §791 001, et sea., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city Agreement This Agreement is made on the 6th day of November 199 5 , between the City of Denton, Texas ("Denton"), and The City of Sanger ("Sanger") The parties agree as follows 1. Definitions Emergency Medical Services or E.M S means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury 2. Denton to Provide EMS to Sanger. Denton shall provide emergency medical services to Sanger in response to requests for emergency medical services in accordance with this Agreement All requests for emergency medical services for persons residing in the corporate limits of Sanger shall be communicated to Denton in the manner specified by Denton 8. Discretion in Providing E.M.S. Sanger understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Sanger, to determine (a) whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service, (c) The order is which to respond to a request for emergen- cy medical service, and (d) The time in which to respond to a request for emergency medical service 4. Service Fee In consideration for providing emergency medi- cal services to Sanger, Sanger agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Sanger by Five Dollars and Seventy-five Cents (population x $5 75) The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term Denton may, after giving prior notice, suspend service to Sanger during any period of time Sanger is delinquent in the payment of any undisput- ed service fee 5. Patient Chargea In addition to the service fee paid by Sanger, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton 6, Governmental Immunity Not Waived Neither Denton or Sanger waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement 7, Term The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1995 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement 8, Terminations Default Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated Sanger shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination 9. Notices All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows To Denton To Sanger City Manager Mayor City of Denton City of Sanger 215 E McKinney P O Drawer 578 Denton, Texas 76201 Sanger, Texas 76266 PAGE 2 1Q. Agreement Not for Benefit of Third Parties This Agreement is not intended and shall not be construed to be for the benefit of any iftdividual or create any duty on Denton to any third party 11. Assignment Neither party shall assign this Agreement except upon the prior written consent of the other EXECUTED on the day ofl . - 199 5 CITY OF DENTON, TEXAS BY 4hild" BOB CASTLEBERRY, YO ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORN Y BY CITY OF SANGER BY MA O ATTEST III By. 1 ~inu E A \X PAGE 3 E \WPDOCS\RES\REIMS RES RESOLUTION NO R4 - ogi. A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR THE LANDFILL EXPANSION PROJECT WITH BOND PROCEEDS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political subdivision of the State of Texas, and WHEREAS, the Issuer expects to pay expenditures in connection with the design, planning, acquisition, and construction of the project described on Exhibit "A" hereto (the "Project") prior to the issuance of obligations to finance the project, and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the projects, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $1,000,000 for the purpose of paying the costs of the Project SECTION II That all costs to be reimbursed pursuant hereto will be capital expenditures No tax-exempt obligations will be issued by the Issuer in furtherance of this resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service SECTION III That the foregoing notwithstanding, no tax- exempt obligation will be issued pursuant to this resolution more than three years after the date any expenditure which is to be reimbursed is paid SECTION IV, That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of\ 199-5 EBERRY, BO CASTL MAY R ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM- HERBERT L PROUTY, CITY ATTORNEY BY Page 2 EDIT "A" LANDFILL EXPANSION PROJECT The City of Denton is currently ►n the design and permitting stage of an 155 acre landfill expansion. Capital funding ►s required for the continued development of this project. BOLIO WASTE CAPITAL EXPENDITURES 8 E t i Sf t 5 tat Quarter 2nd Quarter 3rd Quarter 4th Ouarler Talal FYge Property Acquisition BuI1Wan $1000000 $1000000 $1000000 BrooMe $150000 $150000 5150 000 White 5115100 $116100 Silo 100 Landfill Permuting Aellvltiee Legal Repress nlallon $100000 $100000 $100000 Landfill Oevelopm snt HOR Englneedng (Construction B Inspection) 5300000 5000000 $300000 Lan tlflll Conetruolion $3 200 000 $3 200 000 $3 200 000 FY97 Property Furohue Property Acquisition (Foster/Meyhlll) $1 000 000 Chavez Townehen Ussery Regycling Intermediate Pro.swing Center Construction $2300000 $0 Landfill OOY a lp P r.l e n t oes Recovery Feasibility Study $25 000 50 Gaa Ce1lec5an/Control Syslem Engineedo, $100 000 so Gas Collection/Control System Conetrue5on $600000 $0 FYOO-07 Total Sand Funds Requirod $6 551 100 1 000 000 $216 100 $460 000 $3 200 000 $4 065 100 ruaveww.cesevn. E \WPDOCS\RES\METER EQU RESOLUTION NO A RESOLUTION CONSENTING TO THE SALE BY THE TEXAS MUNICIPAL POWER AGENCY ("TMPA") TO TEXAS UTILITIES ELECTRIC COMPANY ("TUEC") OF CERTAIN METERING EQUIPMENT THAT IS NO LONGER NEEDED OR USEFUL FOR THE TMPA SYSTEM, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on January 1, 1990, the Cities of Bryan, Denton, Garland, and Greenville (the "TMPA Member Cities") entered into a contract with the City of College Station, to supply electric power and energy to College Station on a wholesale basis (the "College Station Contract"), and WHEREAS, on February 4, 1992, in order to provide for the administration of the College Station Contract, the TMPA Member Cities entered into a contract with TMPA (the "Administration Contract"), and WHEREAS, the Administration Contract obligated TMPA to con- struct certain facilities to support the College Station Contract, and obligated the Member Cities to reimburse TMPA for said facilities through the payment of periodic administration fees (the "Administration Fees"), and WHEREAS, the Administration Contract obligates TMPA to convey title to such facilities to the Member Cities following payment of the Administration Fees, and WHEREAS, pursuant to the Administration Contract, TMPA constructed, among other facilities, certain metering equipment (the "Metering Equipment"), and WHEREAS, the College Station Contract will terminate on December 31, 1995, and, following such termination, TMPA will no longer need the Metering Equipment, and WHEREAS, on November 9, 1995, the TMPA Board of Directors, consistent with the recommendation with the Planning and Operating Committee of TMPA, passed Resolution No 95-11-8, determining that the metering equipment is not needed for the proper operation of the TMPA system or for the maintenance of revenues therefrom and authorizing the Interim Manager to sell the metering equipment to TUEC for a price not less than Eighty Five Thousand Seven Hundred Fifty-two Dollars ($85,752), subject to the Interim Manager first obtaining consent from all the TMPA Member Cities, and WHEREAS, TMPA desires to sell, and TUEC desires to purchase, the Metering Equipment, and WHEREAS, the City Council of the City of Denton deems it in the public interest that TMPA be allowed to sell the Metering Equipment to TUEC, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City of Denton hereby consents to the sale of the Metering Equipment to TUEC, subject to the following conditions A TMPA receives at least $85,752 for the Metering Equip- ment, and B Revenue from the sale is applied to reduce the amount of Administration Fees otherwise due from the TMPA Member Cities SECTION II, That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the MV4'day of Piyyt ~py~L. 1995 BOB CASTLEBERRY, MAYO ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROOUTYY, CITY ATTORNEY BY Page 2