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HomeMy WebLinkAboutResolutions R96-001 to R96-079A \ROSE RES A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO SOLICIT FROM THE PUBLIC, SEALED BIDS ON A CERTAIN TRACT OR PARCEL OF PROPERTY LOCATED ON OR ABOUT THE 500 BLOCK OF ROSE STREET AND TO CONSENT TO THE SALE OF SAID PROPERTY 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, AND TO EXECUTE.ANY QUITCLAIM DEEDS NECESSARY TO CONVEY THE PROPERTY UPON SALE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Cause No. 94-0439-362, city Of Denton et al vs Goldle Green aka Goldle Bryant aka Golda Fave Bryant, was filed in the 362ndlDistrict Court of Denton County, Texas to collect delinquent taxes'on the property described in Exhibit "A" attached hereto and incorporated herein as if set forth at length. WHEREAS, the District Court of Denton, Texas granted Judgment on september 28, 1995, in favor of the taxing jurIsdictions of Denton County as follows: County of Denton $ 405 52 city of Denton $1,071.68 Denton Independent School District and Denton County Education District $1,779.92 Total Due $3,257 12 Market Value $6,348.00 WHEREAS, the property has been offered for sale on November 7, 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 W~EREAS, 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: $~CTION 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 sa~d 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. ~ That this resolution shall become effective immediately upon its passage and approval. ~ PASSED AND APPROVED this the I~~4~ day of~, 1996. BOB CASTLEBERRY, MAY7 ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APP O LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY EXHIBIT "A" ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE B B B & C R R COMPANY SURVEY, ABSTRACT NUMBER 185, DENTON COUNTY, TEXAS AND BEING PART OF A CERTAIN TRACT DESCRIBED IN A DEED FROM J N HOWELL AND WIFE, MAY HOWELL TO W P GREEN AND LIZZIE GREEN, ON THE 26TH DAY OF SEPTEMBER, 1938, RECORDED IN VOLUME 319, Page 100, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT AN IRON PIN SET AT THE EASTEP, NMOST NORTIIEAST CORNER OF LOT 4, BLOCK ONE, OF THE ULAND ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET F, PAGE 250, PLAT RECORDS OF SAID COUNTY, SAID POINT BEING IN THE SOUTH LINE OF SAID GREEN TRACT, THENCE NORTH 89 DEGREES 07 MINUTES 46 SECONDS WEST, ALONG AND NEAR A FENCE AND SAID LOT 4, A DISTANCE OF 13 13 FEET TO AN IRON PIN FOUND IN A FENCE CORNER POST AT THE SOUTHEAST CORNER OF A CERTAIN TRACT DESCRIBED IN A DEED TO JAMES D SWANSON, RECORDED IN VOLUME 1870, PAGE 729 REAL PROPERTY RECORDS OF SAID COUNTY, THENCE NORTH 00 DEGREES 05 MINUTES 14 SECONDS EAST, ALONG AND NEAR A FENCE PART WAY, PASSING AT 74 77 FEET AN IRON PIN FOUND AT THE NORTHEAST CORNER OF SAID SWANSON TRACT AND CONTINUING A TOTAL DISTANCE OF 120 15 FEET TO AN IRON PIN SET FOR CORNER, SAME BEING IN THE NORTH LINE OF SAID GREEN TRACT, THENCE SOUTH 88 DEGREES 52 MINUTES 54 SECONDS EAST, WITH THE NORTH LINE OF SAID GREEN TRACT, PASSING AT 76 43 FEET AN IRON PIN FOUND AT THE SOUTHWEST CORNER OF LOT 1, BLOCK I OF COLLEGE BEAUTY ADDITION, AN ADDITION TO THE CITY OF DENTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 198, PAGE 365, DEED RECORDS OF SAID COUNTY, AND CONTINUING IN ALL A TOTAL DISTANCE OF 79 93 FEET TO AN IRON PIN SET AT THE NORTHWEST CORNER OF A CERTAIN TRACT DESCRIBED IN A DEED TO MILLARD F THORP, RECORDED IN VOLUME 845, PAGE 53l, DEED RECORDS OF SAID COUNTY, THENCE SOUTH 03 DEGREES 03 MINUTES 18 SECONDS WEST, WITH A FENCE PART WAY AND THE WEST LINE OF SAID THORP TRACT, A DISTANCE OF 120 08 FEET TO AN IRON PIN SET AT THE SOUTHWEST CORNER OF SAID THORP TRACT, SAID POINT BEING IN THE SOUTH LINE OF SAID GREEN TRACT, THENCE NORTH 88 DEGREES 56 MINUTES 39 SECONDS WEST, ALONG AND NEAR A FENCE AND THE SOUTH LINE OF SAID GREEN TRACT, A DISTANCE OF 60 57 FEET TO TIlE POINT OF BEGINNING AND CONTAINING IN ALL 0 2117 ACRES OF LAND SAVLAND EXCIPI III[.X, ISIBII \NI) \[~1>\1¢,1NI i \MMINI ()I 1111 (IIYOt I)LNION Wilt(t{ IS USING A PORIION OI- llll AB()\} DLS(RIBtl) FRA( I IOR UI AND SIREE'I AND ROSE STREET TIlL ABOVF DESCRIBED IRA( I ALSO B[ IN(J IItAI SAML IRACT OR I'ARCLL OF LAND LIS]LD BY FIlF DLNION (LNII'tAI APPRA1SAI DISTRICT UNDER AC(OUNI NUMBER R0033185 AS I~8ACRESOU~I Ob ABSIRACF 185 OF~IIIEBBB&CRR SURVEY, CALLED DENTON CENIRAL APPRAISAL DISFRICT TRACFS 249 AND 251, THE SAME BEING FORMERLY CALLED TRACI 354 BY ~I}IE DENTON CENIRAL APPRAISAL DISTRICT, AND SItOWN ON IIIE FAX ROLLS O[ DENTON (OUNTY, TEXAS AS I'OEI OWS 0 1 ~,8 Acre out of Abstract 185 ol lhe BBB & ( RR Survey ~I racts 249 & 251, Old DCAD l'racl ~,54 Denton County, lexas being that property more particularly descrtbed and assessed on the tax ,oils of tins jurisdiction RESOLUTION NO 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 HOUSING AND COMMLrNITY AFFAIRS SEEKING FUNDING AND AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE A CONTRACT WITH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas is concerned with the safety and welfare of homeless famfltes, which includes promoting the development of homelessness prevenuon activities m the community, and WHEREAS, the City of Denton, Texas is interested in promoting the development of commumty-based, collaborative and integrated service dehvery systems to serve homeless or potentmlly homeless families wxthln the Denton area, and WHEREAS, the City of Denton is applying for fundxng under the 1996 Texas Emergeacy Shelter Grants Program, authorized by the Texas Department of Houmng and Commumty Affmrs, and WHEREAS, the Texas Department of Housing and Community Affmrs requires submmston of an apphcat~on and approprmte certfficat~ons, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the C~ty Council of the C~ty of Denton, Texas authorizes the Community Development Office to submit an apphcatlon seeking funding from The Texas Department of Housing and Community Affmrs and authorizes the C~ty Attorney to negotiate a contract w~th the Texas Department of Houmng and Community Affmrs to obtmn smd funding SECTION II That this rasolut~on shall become effectnve ~mrnedlately upon ~ts passage and approval PASSED AND APPROVED this the/~day of~ 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY j \~pdocs\res\vts,onac res RESOLUTION NO. fq -Oc A RESOLUTION OF THE COUNCIL OF THE CITY OF DENTON, TEXAS DECLARING ITS SUPPORT AS A SPONSORING AGENCY FOR "A VISION FOR DENTON - THE 21ST CENTURY"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 27, 1993, the City Council approved Resolu- tion No. R93-024, expressing 1ts willingness to become a sponsoring agency for "A vision For Denton - The 21st Century"; and WHEREAS, this action was in response to the perceived need by several organizations that it was important to establish a consensus about what type of community Denton should become; and WHEREAS, the City along with Chamber of Commerce, Denton Independent School District, Denton Record Chronicle, Texas Woman's University, the University of North Texas, and the United Way of Denton County agreed to serve as sponsors of the project; and WHEREAS, it was determined that a community wide effort based on active citizen participation would lead to the creation of the vision; and WHEREAS, a general kickoff was held at Ryan High School on October 24, 1993, and attended by over 400 citizens who dedicated the next 24 months to this cause, and WHEREAS, on December 12, 1995, the Vision Project Cabinet unanimously approved the "strategy boards" which outline the conceptual vision plan and asked that the sponsoring agencies affirm the support by official action; and WHEREAS, on December 19, 1995, the Blue Ribbon CIP Committee submitted to the Council a bond program which funds in part elements of the vision project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City of Denton affirms Its support of the vision project action plan and pledges its ongoing support. SECTION II. That this resolution shall become effective lmmedlately upon its passage and approval. PASSED AND APPROVED this the/~a--day of~, 1996. ATTEST: JENNIFER WALTERS, CITY SECRETARY MS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY PAGE 2 j \~pdocs\res\diverslt res A RESOLUTION OF THE CITY OF DENTON ESTABLISHING A DIVERSITY TASK FORCE; AUTHORIZING THE EXPENDITURE OF FUNDS TO SECURE THE PROFES- SIONAL SERVICES OF A FACILITATOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the city Council participated in a workshop on diversity and developed the following mission statement: "The City of Denton strives to capitalize on the contribu- tions and interests of indivlduals from diverse backgrounds to enhance its mission, operations, and delivery of services. We will foster fairness and equal access for all employees and citizens"; and WHEREAS, the City Council desires to establish a Diversity Task Force of citizens and employees representative of the diversity in the community; and WHEREAS, such task force will comprise eighteen members organized as follows: - two citizens appointed by each C~ty Councllmember and the Mayor, for a total of fourteen citizen members, four city employees appointed by the City Manager or Acting City Manager; and WHEREAS, such task force will operate pursuant to the above mission statement, and will be initially charged w~th the following purposes: 1. study selected diversity issues and provide solutions and recommendations to the city Council, 2. such recommendations should be suitable for addressing through the organization structure, 3. coordination will occur between the Clty's work force diversity committee and this task force, 4. completion of this first phase I should take approximately six to nine months, NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~. The City Council hereby establishes a D~verszty Task Force Committee with a mission to capitalize on the contribu- tions and interests of individuals from diverse backgrounds to enhance its mission, operations, and delivery of services, comprising eighteen members, fourteen of whom will be citizen appointees and four of whom will be city employee appointees. ~. The City Councll, recognizing the value of having an outside expert and facilitator assist this task force with its work and development of its reco~endations, authorizes the City Manager to expend funds within his purchasing authorIty to secure these professional services, pursuant to a contract approved by the City Attorney. PASSED ~D APPROVED this the I~ day of~, 1996. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPKov~D AS TO LEGAL FO~. HERBERT L. ~ROUT~ CITY ATTO~EY PAGE 2 RESOLUTION NO q& 'OC A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ANAGREEMENT 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 award grants for a mass transportation program of projects and budget, and WHEREAS, the contract for financial assistance will impose certamn obligations upon the applicant, such as the City of Denton, · ncludlng the provision by it of the local share of the project costs in the program, and WHEREAS, the U S Department of Transportation requires, in accordance w~th the provisions of T~tle VI of the C~vll Rights Act of 1964, as amended, that the applicant give an assurance that ~t will comply w~th 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 bus~ness enterprises be utilized to the fullest extent possible ~n connection with the project, and that definite procedures shall be established and administered to ensure that m~norlty 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 SECTION I That the City Manager is authorized to execute an agreement on behalf of the City of Denton, Texas, with the U S Department of Transportation, to a~d in the f~nanc~ng of planning, capital and operating assistance pro3ects pursuant to Section 9 of the Urban Mass Transportation Act of 1964, as amended SECTION II. That the City Manager is authorized to execute and file an assurance or any other document required by the U S Department of Transportatlon effectuating the purpose of Title VI of the Civil R~ghts Act of 1964 ~ECTION III That the City Manager or his designee is authorized to furnish such additional information, assurances, or certifications as the U S Department of Transportation may require in connection with the program of pro3ects and budget SECTION IV. That the City Manager is authorized to set forth and execute affirmative m~norlty bus~ness policies ~n connection with the program of projects and budgets procurement needs for transportation SECTION V That the Czty Manager Ks authorzzed to execute grant agreements on behalf of the City of Denton, Texas wzth the U S Department of Transportatzon for a~d in the flnanczng of the plannzng, capital, and operatlng assistance program of projects and budget, and to expend the necessary funds as may be required by the condition of the grant ~ECTION VI That th~s resolution shall become effectzve zmmed~ately upon its passage and approval PASSED AND APPROVED this the~/ day of ~~c.~- , 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPR1DVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 Next Doc 'ument d \~PDOCS\RES\~DA RES RESOLUTION NO. ~ A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city of Denton, Texas has approved the creation of the city of Denton Industrial Development Authority (IDA) pursuant to the provisions of the Development Corporation Act of 1979; and WHEREAS, the terms of office of Rick Svehla and Kathy DuBose, the only two members remaining of the Board of Directors of the Industrial Development Authority (IDA) have expired; NOW, THERE- FORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ECTION I. That the following persons are hereby appointed to the Board of Directors of the City of Denton Industrial Development Author ity: NAME ADDRESS Rick Svehla 215 East McKlnney Deputy City Manager & Executive Denton, Texas 76201 D~rector for Engineering Kathy DuBose 215 East McKinney Executive Director of Finance Denton, Texas 76201 EaCh Director shall serve a term of off~ce of SlX years. The terms~f the foregoing members shall expire on March 1, 2001. ~. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of ~, 1996. ATTEST: BOB CASTLEBERRY, MAY~ ~_ JENNIFER WALTERS, CITY SECRETARY / APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY E \WPDOCS\RES\OVERSGT COM RESOLUTION NO ~ A RESOLUTION APPOINTING A SPECIAL SIX (6) MEMBER OVERSIGHT COMMIT- TEE TO MONITOR, EVALUATE, AND REPORT ON THE PROGRESS OF THE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM, SUBJECT TO THE AUTHORIZATION OF THE VOTERS AT THE BOND ELECTION ON FEBRUARY 24, 1996, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Councml has called and ordered a bond election for February 24, 1996, for the purpose of submlttmng to the voters of the Cmty of Denton certamn capmtal mmprovements, and WHEREAS, the Blue Rmbbon Committee fulfilled its charge of makmng recommendatmons relatmve to the pro~ects whmch should be submmtted to the electorate and, among those recommendatmons was the suggestmon that a specmal committee be appomnted by the Cmty Council to monmtor, evaluate, and report on the progress of the Fmve Year Capmtal Improvements Program should the same be autho- rized by the voters, and WHEREAS, the Cmty Councml ms desmrous of acceptmng such recommendatmon, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the Cmty Councml hereby appomnts a specmal SlX (6) member oversmght committee to monitor, evaluate, and report on the progress of the Five Year Capmtal Improvements Program, contingent upon and subject to same being authorized by the voters mn the special election to be held on February 24, 1996 The commmttee shall also make recommendatmons to the Plannmng & Zoning Commlssmon and Cmty Councml for all pro]ects mn the miscellaneous dramnage mmprovements, artermal turn lanes, traffmc smgnals, street constructmon, and smdewalk/bmkeway fundmng categormes SECTION II The smx member commmttee shall be made up of Joe Mulroy, the Blue Rmbbon Commmttee chamrman, Margaret Smmth and Brent Thornton, two co-chairpersons, Terry Schertz, the Transporta- tmon Subcommittee charmman, Ronnme Beasley, the Parks and Recre- atmon chamrperson, and Jessee Coffey, a member of the Drainage Subcommmt tee SECTION III That thms resolutmon shall become effective mmmedmately upon mrs passage and approval ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 J \WPDOCS\RES\REIMBURS RES RESO , T ON NO A RESOLUTION AUTHORIZING THE CITY MANAGER TO REQUEST REIMBURSEMENT PURSUANT TO THE PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the United States Secretary of Transportation authormzed to award grants for a mass transportation program of projects and budget, and WHEREAS, the State of Texas ms authormzed under TEX REV CIV STAT art 6663b, to assist the City in procuring federal amd for the purpose of establmshmng and malntalnmng 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 Publmc Transportation Contract with the Texas Department of Transportation, and WHEREAS, the City has submitted its final billing to the Texas Department of Transportation requestmng reimbursement for planning and operating expenditures used to fund public transportation Denton, and WHEREAS, the State has notified the City of Denton that the funds allocated for reimbursement were deobllgated at the close of the biennium, and WHEREAS, the City of Denton acknowledges that the final bmllmng was submmtted after the funds were deobllgated and has been notmfmed by the Texas Department of Transportation that a formal resolution of the City Council would be necessary to effect remmbursement for the contract, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the City Manager is hereby instructed to forward to the Texas Department of Transportation a final bill requesting reimbursement for planning and operating expenditures used to fund public transportation in Denton an the amount of $107,766 42 SECTION II That the Cmty Manager Ks authormzed to forward to the Texas Department of Transportation on behalf of the City of Denton, Texas, a copy of thms resolution requesting reimbursement as expedmtlously as possmble SECTION III That the City Manager has implemented quarterly billing procedures to provmde more effective administration of the publmc transportatmon fund grant SECTION IV That this resolution shall become effective ~mmed~ately upon zts passage and approval PASSED AND APPROVED th~s the~O~ day of ~, 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Next Document A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF HICKORY CREEK FOR AMBUL~NCE 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 H~ckory Creek for ambulance services, a copy of which ~s attached hereto and zncorporated by reference here~n, and the Mayor is hereby authorlzed to execute sa~d agreement on behalf of the C~ty SECTION II, That th~s resolution shall become effective ~mmed- lately upon ~ts passage and approval PASSED AND APPROVED thzs the ~''day of ~, 199~ BOB CASTLEBERRY, MATR~ ATTEST. JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY a \hickory k AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF HICKORY CREEK Recitals The City of Denton currently provides emergency medacal set- races to the citizens of Denton The Caty of Hackory Creek would lake to contract with the City of Denton to receave emergency medical services for ars cltazens 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 caty may contract to provade emergency medacal servaces to the county or another city /This Agreement is made on the ~ day of 199_~_, between the City of Denton, Texas ("Denton"), and The City of Hickory Creek ("Hackory Creek") The parties agree as follows 1. Definitions Emeraencv Medmcal 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 physaologlcal or psychological illness or injury 2. Denton to Provide EMS to Hickory Creek. Denton shall provade emergency medical services to Hickory Creek in response to requests for emergency medical services an accordance with this Agreement All requests for emergency medical services for persons residing in the corporate lamlts of Hickory Creek shall be com- munacated to Denton an 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 an Denton and that Denton has other contracts to prQvlde emergency medical services to other entltaes Denton shalllhave the sole right and dascretlon, without beang in breach of this Agreement and without llabal~ty to Hickory Creek, to determine (~) 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 servmce, (c) The order ms 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 servmce 4. Service Fee 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 thms Agreement determined by multmplymng the population in Hmckory Creek by Fmve Dollars and Seventy-fmve Cents (population x $5 75) The population fmgure used shall be that contamned in the latest edltmon of the North Central Texas Council of Government's Regional Directory The annual payment shall be paid to Denton mn equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term Denton may, after glvmng prior notice, suspend service to Hmckory Creek durmng any permod of time Hickory Creek is delinquent in the payment of any undisputed servmce fee 5. P&tient Charges In addition to the service fee pamd by Hickory Creek, Denton may charge and collect from persons provided emergency medical servmces, the patment fees established by ordI- nance of Denton. 6. Governmental I~maunityNot Waived Neither Denton or Hickory Creek waives, nor shall be deemed hereby to wamve, any mmmunmty or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from th~sAgreement 7. Term. The term of thms Agreement shall be in one year incre- ments, beglnnmng on October 1, 1995 and continuing to September 30 of the followmng year and thereafter from year to year until termi- nated in accordance with this Agreement 8. Termination; Default Either party may termmnate this Agree- ment at any time without cause by giving nmnety (90) days advance notice in writing to the other, specmfylng the date of termmnatmon If either party breaches a provision of thms Agreement, the other party shall give the defaulting party written notice of the de- fault Should the defaulting party fall to correct the default within thirty days of the date notice of default ms 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- vmces provided up to the date of termmnatlon 9. Notices Ail notices sent under thms Agreement shall be mamle~, postage prepaid, to the respective addresses, as follows To Denton. To Hickory Creek City Manager Mayor C~,ty of Denton C~ty of H~ckory Creek 21'5 E. McK~nney P 0 Box 453 De~ton, Texas 76201 Hickory Creek, Texas 75065 10,. Agreement Not for Benefit of Third Parties Th~s Agreement · s not ~ntended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party 11. Aesi~xm%ent Neither party shall assign th~s Agreement except upon the prior written consent of the other EXECUTED on the 5'~'day of __Z~~__, ~99~_ CITY OF DENTON, TEXAS ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY / CITY OF HICKORY CREEK ATTEST RESO , IUN Rg&' IO 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 ~ 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 S~CTION II. That this resolution shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the ~-day of ~ , 199~. BOg CASTLEBERRY, MAY~ ~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM. HERBERT L PROUTY, CITY ATTORNEY A \SHADYSH K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES 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 medical services 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 A~reement This Agreement is made on the ~ day of ~.~ , 199~__, between the City of Denton, Texas {"Denton"), and The City of Shady Shores {"Shady Shores") 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 Shady Shores. Denton shall provide emergency medical services to Shady Shores in response to reques~ts for emergency medical services in accordance with this Agreement Ail 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.S. Shady Shores 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 ~ave the sole right and discretIon, w~thout being in breach of thls Agreement and without liability to Shady Shores, 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. Servi~e Fes 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 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 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 I~unity 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 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 thlsAgree- 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 fall to correct the default 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 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 Shady Shores City Manager Mayor City of Denton City of Shady Shores 215 E McKlnney P 0 Box 362 Denton, Texas 76201 Shady Shores, 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. Assi~mnant Neither party shall assign this Agreement except upon the prior written consent of the other EXECUTED on the ~'~'~ day of ~ , 199~_ CITY OF DENTON, TEXAS ATTEST. JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY MAYOR ATTEST BY SECRETARY PAGE 3 RESOLUTION NO ~q~ ~) [I A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF OBLIGATIONS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC, APPROVING THE ISSUANCE OF SUCH OBLIGATIONS AND THE USE OF THE PROCEEDS OF SUCH OBLIGATIONS, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the North Texas Higher Education Authority, Inc (the "Authority") was established as a non-profit corporation, pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational opportunmes of students by providing funds for the acquisition of student loans, and WHEREAS, the Authority has proceeded in the development of a plan of doing business and has issued student loan revenue bonds for the aforesaid purposes, and add~tlonal funds are needed to continue the program, and it m now appropriate for this governing body to approve the ~ssuance of additional bonds for such purpose, and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended ("Code"), a public hearing was conducted on February 5, 1996, at 10 00 o'clock a m, following reasonable pubhc not~ce, with respect to the issuance of student loan revenue bonds by the Authority for whmh the Authority received a private activity allocation from the State (the "New Tax-Exempt Bonds"), and WHEREAS, certified minutes of the proceedings from said hearing have been submitted to the City of Denton ("City"), and WHEREAS, in order to satisfy requirements of the Code, ~t is necessary for City, following the holding of public hearings, to approve the issuance of the New Tax-Exempt Bonds, and WHEREAS, m order to satisfy requirements of the Texas Education Code, it m necessary for City to approve the issuance of all bonds or other obhgat~ons of the Authority whether or not they require approval under the Code, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS -1- 427517/960324 I That the C~ty Council of the C~ty of Denton, Texas, hereby grants ~ts approval to the North Texas H~gher Education Authority, Inc to ~ssue and dehver student loan revenue bonds, notes or other obhgat~ons, ~n one or more ser~es m an aggregate principal amount not to exceed $43,000,000, for the purposes of obtaining funds to purchase student or parent loan notes which are guaranteed under the Higher Education Act of 1965, as amended, refunding outstanding obhgat~ons of the Authority, and setting aside the amount the Authority determines is necessary for a reserve and for operating costs and paying the cost of ~ssumg such obhgat~ons m accordance w~th the laws of the State of Texas, ~ncludlng Chapter 53, Texas Education Code, art 717k, Vernon's C~v Stat Ann, and if apphcable, Section 144 of the Code II Further, the Mayor and C~ty Secretary of the C~ty of Denton, Texas are hereby authorized and directed to execute the Approval Certificate, a copy of which ~s attached hereto and ~ncorporated herein as Exhibit "A", and to deliver certified cop~es of th~s resolution and the Approval Certificate to the Authority III The C~ty of Denton, Texas requests that the Authority exercise the powers enumerated and provided for in Section 53 47, Texas Education Code, as amended, and that such non-profit corporation shall, m this connection, exercme such powers for and on behalf of the C~ty of Denton, Texas and the State of Texas, as contemplated by Section 53 47(e), Texas Education Code, as amended The C~ty of Denton, Texas does not agree to assume any respons~blhty m connection with the admlmstrat~on of the Author~ty's student loan program Sole responsibility for the administration of the Authorlty's student loan program is assumed by the Authority V Further, it ~s recognized by the C~ty of Denton, Texas that the instruments which authorize the issuance of bonds, notes, or obhgatlons by the Authority will specifically state that the City of Denton, Texas is not obligated to pay the principal of or interest on the bonds, notes, or obligations proposed to be issued by the Authority Nothing m this resolution shall be construed as an indication by the City of Denton, Texas that ~t w~]l pay or provide for the payment of any obhgat~ons of the said Authority whether theretofore or hereafter incurred, and in this connection, attention is called to the Constitution of the State of Texas, wherein it is provided that a city may incur no indebtedness w~thout having made provisions for its payment, and the City Council of the C~ty of Denton, Texas hereby specifically refuses to set aside any present -2- 427517/960324 or future funds, assets or money for the payment of any indebtedness or obhgat~on of the Authomty VI It m hereby officmlly found and determined that the meeting at which thru resolution m passed m open to the pubhc, as required by law, and that pubhc notice of the t~me, place and purpose of sa~d meeting was posted, as required by law VII Thru resolution shall become effective from and after ~ts passage as provided by law PRESEI~TED AND PASSED on this the ,~'~' day of ~ , 1996, by a vote of ~ ayes and t~ nays at a regular meeting of the C~ty Council of the C~ty of Denton, Texas, Texas ATTEST ~ ~Iayor ~ ' f , City Secretary APPROVED AS TO FORM ~~~///~~rney -3- 42751W960324 EXHIBIT A APPROVAL CERTIFICATE I, e~as~ ./~ ,,~_~ ~f~£~(~, am the duly elected Mayor of the C~ty of Denton, Texas, T x (the u~y ~, and as~such am the apphcable elected representative of the City pursuant to §147(fl(2)(B) of the Internal Revenue Code of 1986, as amended On February 5, 1996, a public hearing was conducted regarding the ~ssuance of bonds (the "Bonds") by the North Texas H~gher Education Authority, Inc (the "Authority") and the utilization of substantially all the proceeds of such Bonds for the purposes of (1) purchasing student loan notes, (2) refunding outstanding obhgat~ons of the Authority, (3) setting aside certain funds for the payment and security of the Bonds, and (4) paying certain expenses m connection with ~ssuance of the Bonds, as prowded and hm~ted by the Internal Revenue Code of 1986, as amended, and the Texas Educatmn Code, as amended Student Loan notes are notes executed by students (or parents of students) who are residents of the State of Texas or who have been admitted to an "accredited institution" in the State of Texas (as defined in the Texas Education Code) A copy of the report of such hearing ~s attached hereto as Schedule I As the applicable elected representative of the C~ty, I hereby specifically approve the Bonds described above and the use of the proceeds of such Bonds for the purposes stated above SIGNED AND SEALED th~s '~/~day of ~ , 1996 (SEAL) Mayor, City of Denton, T~ ATTEST C~e~c~e~iar~, C~ty of Denton, Texas, Texas 427517/960324 SCHEDULE I CERTIFICATE I, the undersigned, am an authorized representative of the North Texas Higher Education Authority, Inc (the "Issuer") duly appmmed by such Issuer to conduct a public hearing (the "Hearing") at 10 00 o'clock a m on February 5, 1996, and do certify as follows 1 On behalf of the Issuer, I conducted the Heanng m the offices of the Higher Education Servicing Corporatton located at 201 E Abram, Suite 800, Arhngton, Texas The Heanng concerned the ~ssuance of student loan revenue bonds of the Issuer 2 A tree, full and correct copy of the minutes of the Heanng ~s attached hereto 3 On January 21, 1996, pubhc notice of the Heanng was pubhshed in a newspaper of general circulation m, and published m, the City of Arlington, Texas On January 21, 1996, pubhc not~ce of the heanng was published m a newspaper of general c~rculat~On m, and published m, the C~ty of Denton, Texas Attached hereto follovang the mxnutes of the Heanng are affidavits of pubhcatlon relating to smd pubhc notices SIONED thxs 5th day ofF. ghrlla~ 1996 Name ~ Ka{~fn Bryar(-J T~tle Assistant Secretary_ MINUTES OF THE HEARING OF FEBRUARY 5, 1996 The pubhc hearing for the purpose of heanng from ~nterested members of the pubhc concerning the proposed ~ssuance of obhgatlons by North Texas Higher Education Authority, Inc (the "Bonds") and the utlhzat~on of substantmlly all the proceeds of the Bonds by the North Texas H~gher Education Authority, Inc for the purposes of (1) purchasing student loan notes, (2) refimdmg outstanding obhgatlons of the Anthonty, (3) setting aside certain funds for the payment and security of the Bonds, and (4) paying certmn expenses ~n connection w~th ~ssuance of the Bonds, as prowded and hmlted by the Internal Revenue Code of 1986, as amended, and the Texas Education Code, as amended, was opened at l0 00 o'clock a m The understgned requested all persons who desired to speak either for or agmnst the ~ssuance of the obhgat~ons to so indicate by rinsing their hands The following persons present at the hearing so md~cated None Following such comments, the undersigned then announced that the heanng was closed Nam% ' " Ie-ath~_nBry_o~. Title Assmtant fiecretary CERTIFICATE OF SECRETARY THE STATE OF TEXAS § COUNTY OF DENTON § CITY OF DENTON § I, the undersigned, Secretary of the C~ty of Denton, Texas do hereby certify the following: I "On the ~ day of _~~, 1996, the Cxty Councd ~.th.e C~y 9f Dentojt, Texas convened m regular session at ~ts regular meeung place m ~ .,~ ~ , w~th the duly constituted members of the Cxty Council being as follo~is' Bob Castleberry, Mayor Carl Young, Sr., Council Member, District 1 left Krueger, Council Member, District 2 Dawd Biles, Mayor Pro Tern, D~stnct 3 lerry Cott, Council Member, District 4 lack Miller, Council Member, At Large I Euhne Brock, Council Member, At Large and all Council Members were present at smd meeUng, except the following Among other business constdered at smd meeting, the attached resolution, entitled A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF OBLIGATIONS BY THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC, APPROVING THE ISSUANCE OF SUCH OBLIGATIONS AND THE USE OF THE PROCEEDS OF SUCH OBLIGATIONS, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH was introduced and subrmtted to the Council for approval mtd~,passage After presenta,tio~ and due consideration of the resolution, and upon a motion by . .~~,, seconded by ~ the resolution was duly passed and adopted by the City Council, to~e effective xmmed~itely~ ~mmedmtely, by the following vote, ~' voted "For" O voted "Agmnst" (22) abstmned -1- all as stated ~n the officaal M,nutes of the C~ty Council for the meeting held on the aforesaad date" 2 The attached resolutaon m a true and correct copy of the oragmal resolutaon on file m the officml records of the Caty of Denton, Texas The duly quahfied and act,rig members of the Caty Council of the C~ty of Denton, Texas, on the date of the aforesaid Council meetang are those persons above named, and according to the records of my office, each member of the Caty Council was gaven advance nonce of the t~me, place and purpose of the meeting, and that sa~d meeting and dehberatmn of the aforesaad publ,c busaness was open to the pubhc, and written not,ce of smd meeting, ~ncludmg the subject of the entitled resolutmn, was posted and gaven m advance thereof, an comphance wath the provasmns of Article 6252-17, Sectaon 3A, V A T C S IN WITNESS THEREOF, I__h~a~y.e hereunto sagn_e_d my na~me officmlly and af£u~ed the seal of said C~ty, th~s the ~ -r ~ day of ~~ , 1996 ~;r-] ]~- , City Secretary ~ity of Denton, Texas (Seal) -2- 427517/960324 E \~PDOCS\RE$\FAH HED RESOL': ION .0. &, A RESOLUTION ADOPTING A PERSONNEL POLICY RELATING TO FAMILY AND MEDICAL LEAVE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Director of the Human Resources Department for the City of Denton has presented a revised policy regarding certain employee rules and regulations for the Council's consideration; and WHEREAS, the city Council desires to adopt this policy to respond to final rules of a federal regulation; 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: Family and Medical Leave (Reference No. 107.04) 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 previous policy relating tm Family and Medical Leave (Reference No. 107.04), adopted by resolution of this Council on August 5, 1993 is hereby resc%nded. / SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application 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 ordinance, and the City Council of the city of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION V. That this resolution shall become effective April 1, 1996. ATTEST: BOB CASTLEBERRY, MA7 ~ F. EI~B~NCI~ NUMB~ HUMAN R~SOURCES 107 04 ~ DA~ E~YEE ~ENEFITS ~D SERVICES 04~01{96 The City of Denton shall provide author£zed leave for family and medical reasons to eligible employees in accordance with the provisxone of the NFamily and Medical Leave ActN (FML~) of lgg~ and ~ ~e~ea~B The pur~e of th~s ~licy is to enable eligible employees to take ~sences from work for up to twelve (12) weeks during a 12-~n~h ~riod for new child leave end/or ~dically-=elated reasoas due ~o a serious health condit~on regarding self, e~use, child o= pa=ant XX. DEFXMXTXOMSt A. Child iea biological, adopted, foBter, legal ward, child of a person etend£ng in the place of a parent, or a step-son or daughter who ie under 18 years old, or who ie over 18 years old and incapable of self-care because of a mental and/or physical disability. B Spouse is a husband or wife as defined by State law, including common law marriage C. Parent is the biological parent of an employee or an individual who had day- to-day responsibilities to care for and financially suppOrt the employee when s/he was a chlld. The term does not include parents-in-law D Serious health condition is an illness, injury, ~mpairment, or physical or mental condition that involves inpatient care or any subsequent treatment in connection with inpatient care and/or continuing treatment by a health care provider as described in the FMLA regulations E Health care provider is an authorized individual who provides health care services F New child leave le approved leave for the birth of a child or placement of a child for adoption or foster care G. Intermittent leave is taken in separate blocks of tLme rather than one continuous period H. Reduced schedule leave le fewer workdays per week or hours per workday than an employee's normal work schedule For employees who work part-tUne or variable hours, the leave is determined on a pro-rata basis APPOO92B PA~E ~ OF POLICY/XDMTUleTRATIVE PROCEDURE/ADHINIeTRATIVB DIRECTIVE (Cont£nuod) Family and Medical Leave 107 04 III. AD~INISTItATIVB PROCY, DURBSt A. Employees covered by this policy include ail City employees who have been employed £or at least 12 months end who have worked et least 1,250 hours during the 12-month period preceding the effect£vo date of leave B. All FHLA leave exceeding five (5) consecut£ve day8 must bo documented on the "F~mlly and Medical Leave Request' form and w£11 be charged aga£nst the employee's ent£tlement. Any leave exceeding eight (8) weeks will require the not£ficatlon of the Department D£rector C In edd£tion to a completed "Family and Medical Leave Request' form, employees requesting leave for medically-related reasons must also provide medical certif£cation by submitting a completed 'Cert£fication of Mealth Care Provider" form D. All necessary paperwork must he completed and returned to the Human Resources Department wlth£n 15 calendar days of the leave request. If an employee fails to provide medical cert£ficat£on in a timely manner, the City may deny the leave request until certlf£cation is submitted E The City will use a "rolling" 12-month period measured backward from the date an employee uses any leave under the FMLA F If an employee has accumulated sick or vacation time, s/he must take pa~d leave first unt£1 paid leave is exhausted If s/he chooses, non-exempt employees may also use any accumulated compensatory t~me The balance of the employee's FMLA entitlement will be provided without pay. G. If the need is foreseeable, employees must give a 30-day notice (oral or written) of their desire to take family and med£cal leave. The city may delay the requested leave £f an employee fails to give adequate notice H Upon the approval of new child leave, employees must first use accumulated sick leave. When sick leave is exhausted, employees we.~d use any accumulated vacation time I Spouses who ere both employed by the City are entitled to 12 combined weeks for new child leave. J Upon City approval, employees requesting intermittent or reduced schedule leave may be required to provide medical cert~f~cation K. If the City has reason to doubt the validity of a medical certification provided by an employee's health care provider, the City may require employees to obtain a second opinion at the City's expense If the first and second opinions differ, a third opinion from a health care provider chosen Jointly by the City and the employee may be requested at the City's expense The third opinion is final and binding L. During approved FMLA leave, the City may require an employee to periodically report to his/her superv£sor about the employee's status and intent to return to work. APP0092B P~OE 3 OF 3 POLIC¥/ADMTNISTRATIVE PROCEDURE/~DMINISTRATIVE DIRECTIVE (Cont£nued) F~ll~ and ~edical Leave 107 04 The City may request re-certification (not more often than every 30 days) during an employee's approved FMLA leave and/or medical certification upon an e~ployee', return to duty, depending on the employee's individual circumstances. If an employem fails to provide return-to-duty certification, the City ~ay deny Job restoration until the certification ia submitted During approved FMLA leave, the City will continue to cover the employee's portion of the health insurance premium The employee ie requlred to pay health insurance premiums for any dependent coverage through payroll deduction or personal finances O Vacation/bonus time, sick leave, and longevity benefzts will not accrue during an employee's unpaid FMLA leave status Employees will not receive death in the family leave pay, holiday pay, or any other paid benefit during an unpaid FMLA leave status. These benefits will resume upon the employee's return to work. P. The FMLA pollcy is administered concurrently with ell other relevant C~t¥ policies For questions regarding sick leave, holiday pay, death ~n the fam£1y leave, vacation/bonus time, ~ongevity pay, personal leave without pay, off duty £n3ury or illness and/or occupational ~njury benefits, please see the specific policy for details Q When an employee returns to work in accordance with FMLA regulations, the employee will return to an equivalent poeit~on with equivalent benefits, pay end other terms and conditions of employment. R. Department of Labor regulations governing the FMLA are available for review et the Human Resources Department. Employees who fraudulently misrepresent themselves and/or circumstances regarding this policy will be subject to disciplinary action. APP0092B E \WPDOCS\RES\DEBT RES NOTE Replaced by Resol ut]on No R2000-064 A RESOLUTION ADOPTING POLICY NO 408 05 "DEBT SERVICE MANAGEMENT" AND PROVIDING FOR AN EFFECTIVE DATE W~EREAS, the Director of Fiscal Operations for the C~ty of Denton has presented a proposed policy regarding Debt Service Management for the Council's consideration, and WHEREAS, the Acting C~ty Manager recommends adoption of the pollcy and the C~ty Council desires to adopt such policy as an official policy regarding Debt Service Management, NOW, THEREFORE, TEE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the followIng policy, attached hereto and made a part hereof, ls hereby adopted as an official policy of the C~ty of Denton, Texas 408 05 Debt Service Management ~ That the foregoing policy ~s attached hereto and made a part hereof and shall be f~led ~n the official records w~th the C~ty Secretary ~ That th~s resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED th~s the ~ day of ~ 1996 BOB CASTLEBERRY, MAYOR/ / ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF DENTON pA E 8 POLICY/AD}~INISTRi%TIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SI CTION FINANCE REFBRENCE NUMBFR ~UBJECI DEBT MANAGEMENT POLICY EIrECTIV[ DAqE I11 LI DEBT SERVICE MANAGEMEN2 REPLACES PURPOSE Fhe Debt Management Policies set forth comprehensive guidelines for the financing of capital expenditures It is the obDectlve of the policy that (1) the City obtain financing only when necessary, (2) the process for ,dentlfylng the timing and amount of debt or other financing be as efficient as possible and (3) the most favorable interest and other costs be obtained RESPONSIBILIT~ The primary individual who shall be involved in development of financing recommendations will be the Director of Fiscal Operations The Executive Director of Finance shall be responsible for all debt financing activities, and shall establish a system of control to regulate the activities of the D~rector of Fiscal Operations To assist with the development of recommendations, there is hereby created a debt management committee consisting of the Executive Director of Finance, Director of Fiscal Operations Controller, Chief Finance Officer, and Internal Auditor, and Financial Advisor and Bond Counsel as ex-offlco membe~ The responsibilities of the committee shall be to · meet as necessary to consider the need for f~nanclng and assess progress on the Capital Improvement Program · meet as necessary mn preparation for a f~nanc~ng · review changes in state and federal legislation, and to, · review annually the provls*ons of ordmnances and/or resolutions authorizing issuance of obligations, and to · annually review services provided by the Financial Advisor Bond Counsel and Paying Agent to evaluate the extent and effectiveness of services being provided Prior to the debt management commmttee meetings, a written report shall be prepared on the qtatus of Capital Improvement Program financing The report shall be based in part on information collected from the primary capmtal ~mprovement pro]ect managers ~n the City and shall include a pro3ectlon of near term financing needs compared to available resources, an analysis of the ~mpact of contemplated f~nancmngs on the property tax rater utility rates, user charges, and a financing recommendation In developing f~nanc~ng recommendatmons, the Debt Management Committee shall consider · the time proceeds of obligation are expected to remain on hand and the related carrying cost, · the options for interim financing including short term and lnterfund borrowing taking into consideration federal and state reimbursement regulations, · the effect of proposed action on the tax rate and user charges AAA{13I 19 PAGE 2 OF 8 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) IlYLb DEBT SERVICE MANAGEMENT REFFRENCFNUMBER · trends in interest rates, · other factors as appropriate Bond Counsel Involvement Bond counsel shall advise the City Council in all matters pertaining to its bond ordinance(s) and/or resolution(s}, and no action shall be taken with respect to new obligations until a written instrument has been prepared by the bond attorneys certifying the legality of the proposal The bond attorneys shall prepare all ordinances and other legal instruments required in the execution and sale of any bonds issued which shall be reviewed by the City Attorney and Director of Fiscal Operations The City will also seek the advice of bond counsel on all other types of f~nanclngs and on any other questions involving federal tax or arbitrage law F~nanclal Advisor Involvement The City wlll seek the advice of the financial advisor on an ongoing bas~s The financial advisor will advise on the structuring of obligations to be issued, inform the City of various options, advise the C~ty as to how choices will impact the marketabzllty of City obligations and will provide other services as defined by the agreement approved by the C~ty Council SHORT-TERM DEBT General Short-term obligations may be issued to finance pro]ects or portions of prelects for which the City ultimately intends to issue long-term debt, 1 e , ~t will be used when appropriate, to provide interim flnanczng which will eventually be refunded with the proceeds of long-term obligations Short-term obligations may be backed with a tax and/or revenue pledge, or a pledge of other available resources The amount of short-term obligations due to mature in a year shall not exceed 5~ of outstanding long-term debt Interim f~nanclng may be appropriate when long-term interest rates are expected to decline in the future In addition, some forms of short-term obligations can be obtained quicker than long-telm obligations and thus can be used ~n emergencies until long-term financing can be obtained Commercial Paper Due to exorbitant issuance costs attendant to the marketing and placement of commercial paper in amounts of less than approxzmately $30 m~lllon, it is not considered feasible for the City of Denton to issue this type of debt at this tzme In addition, cities may legally only issue commercial paper for revenue supported pro3ects However, should the opportunity to participate in a commercial paper issuance pool present itself, the advantages and disadvantages shall be evaluated by the Director of Fiscal Operations LONG-TERM DEBT General Proceeds from the sale of long-term obligations, may not, and w~ll not be used for operating purposes, and the life of the obligations will not exceed the useful life of AAAO3FI9 PAGE_ 3 OF_ 8 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) the pro]ects financed Debt service structure will approximate level debt service unless operational matters and marketing considerations dictate otherwise Unless circumstances dictate the issuance of larger amounts for ma]or project or p]o]ects, the City will strive to ]lmlt Its annual issuance of long-term obligations to either $5 million or $10 million to take advantage of small issuer exemptions in the federal arbitrage laws Should subsequent changes in the law raise these limits, then the City's policies will be adjusted accordingly The cost of issuance of private activity bonds is usually higher than for governmental purpose bonds Consequently, private activity bonds will be issued only when they will economically benefit the City The cost of taxable debt is higher than for tax exempt debt However, the issuance of taxable debt may be more appropriate in some circumstances, and may allow valuable flexibility in subsequent contracts with users or managers of the improvement constructed with the bond proceeds Therefore the City will usually issue obligations tax-exempt, but may occasionally issue taxable obligation Bonds Long-term general obligation or revenue bonds shall be issued to finance significant and desirable capital improvements The general obligation bonds will be used for purposes set forth by voters in bond elections General obligations bonds will bare an average life of 15 years or less, and Revenue bonds will have an average life of twenty (20) years or less A resolution of intent to issue bonds authorIzing staff to proceed with preparations shall be presented for the consideration of the City Council when the capital budget is presented or as soon thereafter as reasonably possible All bonds issued for the purpose of supplying new monies as needed for current, ongoing public improvements shall be sold at public, competitive sale upon sealed bids pursuant to terms and conditions specified in City's Home Rule Charter which requires the publication of a proper notice of sale in a national publication which regularly includes municipal bond sale notices, stating pertinent facts relating to the proposed sale including, but not limited to, the time, the date and the place (which shall be in the City of Denton) that all sealed bids will be publicly opened, read and tabulated before the City Council The date advertised for opening of the bids shall be not less than 30 days from the date of publication When cost-beneficial and when pelmltted under applicable ordinances, the City may consider the use of surety bonds, lines of credit or slmlla~ instruments to satisfy mandated debt service fund requirements on outstanding and/or proposed Revenue Bonds Certificates of Obligation Certificates of obligation may be issued to finance permanent improvements and land acquisition, the need for which arose between bond elections In addition, they may be used to finance cost overruns or to acquire equipment related to the improvements In accordance with state law, a lesolut~on authorizing publication of notice of intent to issue certificates of obligation shall be presented for the consideration of the City Council no less than 30 days before the proposed issuance The not~ce of intent shall be published in a newspaper of general circulation in the City once a week for two AAA03FI9 PAGE 4 OF 8 POLICY/;~DMI~ISTP~ATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Contmnued) TITLE DEBT SERVICE ~L~NAGEMENT REFERENCENUMBER consecutive weeks with the flrst publxcatzon to be at least f~fteen (15) days prior to the sale date Certificates of oblxgatlon can be backed by revenues eligible to be pledged under state law Some revenues are restrlcted as to the uses for which they may be pledged Electric, water, wastewater and solid waste revenues may be pledged without limit for electric, water, wastewater and solid waste purposes, but may only be pledged up to $10,000 for non-water and wastewater purposes Certlf~cates of obligation may also be backed by a tax pledge under certain clrcumstances as defxned by law They may also be backed by a combination tax and revenue pledge Public Property Finance Contractual Obligation Publzc property f~nance contractual obllgatlons may be issued to finance the acquisItion of personal property ~ticipation Notes Ant~clpatlon Notes empowers municipalities to issue debt wlthout giving notice of intent ~tlclpatlon Notes may be secured and repaid by a singular pledge, but not plural pledge, of revenue, taxes, or the proceeds of a future debt issue Anticipation Notes might be authorIzed by an ordxnance adopted by the City ~t~clpat~on Notes may be used to finance pro3ects or acquisition that could also be financed with Certificates of Obligation Anticipation Notes have several restrictions which ~nclude 1) ~tlclpatlon Notes issued for general purposes must mature before the seventh anniversary of the date the attorney general approves the xssue, 2) Anticipation Notes may not be used to repay lnterfund borrowing or a borrowing that occurred 24-months prior to the date of xssuance, 3) A governing body may not issue Anticipation Notes that are payable from bond proceeds unless the proposltlon authorizing the issuance of the bonds has already been approved by the voters Negotiated Sale and Private Placement Bonds issued for the purpose of refundxng and/or restructuring outstanding debt may appropriately be sold on a negotiated basis when maximum flexibility is required in order for the City to respond to day-to-day nuances in the marketplace, and other complications peculiar to the issuance of refunding debt Whenever the optxon exists to sell an lssue on a negotiated basis, an analysis of the options shall be performed to axd in the decision-making process In a negotiated sale, the underwriter may be selected through a req~aest for proposals (RFP) or because of a relationship established by previous debt transactions The criteria used to select an underwriter in a negotiated sale should include the followIng · Overall exper ence a Marketing philosophy AAA03FI9 PAGE 5 0~_ 8 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) IllL[ DEBT SERVICE M~kNAGEMENT I RLILRENCENUMBER · Capability · Previous experience as managing or co-managing partner · Financial statement · Public finance team and resources · Breakdown of underwrlter's discount When cost-beneficial, the City may privately place Its debt Since no underwriter participates in a private placement, it may result in lower cost of issuance Private placement is sometimes an option for small issues The opportunity may be ldentlf,ed by the financial advisor Bxddlng Par~uneters The notice of sale will be carefully constructed so as to ensure the best possible bid for the City, in light of existing market condItions and other prevailing factors Parameters to be examined ~nclude · Limits between lowest and h~ghest coupons · Coupon requirements relative to the yield curve · Method of underwriter compensation, d~scount or premium coupons · Use of true interest cost (TIC) versus net ~nterest cost (NIC) · Use of bond lrsurance · Deep discount bonds · Variable rate bonds · Call provisions The City shall consider refunding debt whenever an analysis indicates the potential for present value savings of approximately 3 5% of the debt service being refunded The C~ty will not refund less than 5% of its outstanding debt at one time except in unusual circumstances such as when ~t intends to change bond covenants, or in the event the City's best interests would be served by the restructuring of all or portions of outstanding debt CAPITAL LEASING Capital leasing is an option for the acquisition of a piece or package of equipment Leasing shall not be consldezed when funds are on hand for the acquisition unless the anterest expense associated with the lease is less than the interest that can be earned by investing the funds on hand or when other factors such as budget constramnts or vendor responsiveness override the economic consideration Whenever a lease is arranged with a private sector entity, a tax exempt rate shall be sought Whenever a lease is arranged with a government or other tax-exempt entity, the City shall strive to obtain an explIcitly defined taxable rate so that the lease will not be counted in the City's total annual borrowings subject to arbitrage rebate AAA03I 19 PAGE 6 ~F 8 POLICY/ADMINISTRATIVE PROCEDURE/ADMINiSTRATIVE DIRECTIVE (Continued) TITLE DEBT SERVICE MANAGEMENT IREFERENCENUMBER The lease agreement shall permit the City to refinance the lease at no more than reasonable cost should the City decide to do so A lease which can be called at will is preferable to one which can merely be accelerated Since the market for lease financings is relatively inefficient, the interest rates available at any one tlr]e may vary widely Therefore, the City shall consider obtaining at least three competitive proposals for any ma]or lease financing The net present value of competitive bids shall be compared, taking ~nto account whether payments are made in advance or ~n arrears, and how frequently payments are made The purchase price of equipment shall be competitively bid as well as the financing cost The advice of the City's bond counsel and financial advisor shall be sought ~n any leasing arrangement and when federal tax forms 8038 are prepared to ensure that all federal tax laws are considered and complied with The City may consider issuing certificates of participation to finance a very large project Care should be taken because financing costs may be greater than for other types of financing When possible, the lease agreement will be backed with a tax pledge If the City is obligated to make payments more than a year in the future then the agreement will probably be considered debt by the state However, if the payments are subject to annual appropriation by the City Council, then they may not From time to time other types of financing may become available Examples of these options are debt pools with other entitles and low-interest loans from state agencies such as the Texas Water Development Board At the d~rectlon of the Director of Fiscal Operations, the Treasury staff member(s) will prepare a written analys~s of options The analysls will include consideration of the advice of the C~ty's bond counsel and f~nanclal advisor RATIOS The portion of the City's property tax rate levied for debt service should not exceed 40% of the total tax rate The Electrical, Water, Wastewater and Solid Waste Funds total long-term debt outstanding shall not exceed the amount of fund equity The City has both revenue bonds and other indebtedness of the Electric, Water, Wastewater and Solid Waste Funds The City will endeavor to maintain two coverage ratios 1 75 for revenue bonds "technical coverage" and 1 25 for all indebtedness "practical coverage " OFFICIAL STATEMENT The preparation of the Official Statement is the responsibility of the financial advisor in concert with the Director of Fiscal Operations under the supervision of the Executive Director of Finance Information for the Official Statement is gathered from departments/divisions throughout the City Full disclosure of the operations will be made to the bond rating agencies The C~ty staff, with the assistance of the financial advisors and bond counsel, will prepare the necessary materials for and presentation to the rating agencies The City shall maintain a line of communications with the rating agencies (Moody's and Standard and Poor's), informing them of ma]or flnanc~al events ~n the City as they AAA03F19 PAGE 7 OF 8 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) IIILF DEBT SERVICE MA/qAGEMENT RiIIRFN(FNUMBER occur The Comprehensive Annual Financial Report, Budget and Capital Improvement Plan ohall be distributed to the rating agencies after they have been accepted/adopted by the City Council /he rating agencies will also be notified either by telephone or through written correspondence when the City begins preparation for a debt issuance After the initial contact, a formal ratings application will be prepared and sent along with the draft of the Official Statement relating to the bond sale to the rating agencies This application and related documentation should be sent several weeks pr~or to the bond sale to give the rating agencies sufficient t~me to perform their review A personal meeting with representatives of the rating agencies will be scheduled when a ma]or capital Improvement progzam is initiated, el to discuss material economical and/or financial developments which might impact credit ratings CREDIT EN}L%NCEMENTS Credit enhancements are mechanisms which guarantee principal and mnterest payments They include bond insurance and a line or letter of credit A credit enhancement, while costly, w~ll usually bring a lower interest rate on debt and a higher rating from the rating agencies, thus lowering overall costs Cost effectiveness of credit enhancement w~ll be evaluated for each debt issue ARBITRAGE LIABILITY MJ%NA~BMENT It is the City's policy to minimize the cost of arbitrage rebate and yield restriction compliance while strictly complying wmth the federal arbitrage laws General Federal arbitrage legislatIon ~s ~ntended to discourage entmtles from issuing tax-exempt obligations unnecessarily In compliance with the spirit of this legmslat~on the City will not issue obligations except for identifiable prelects with very qood prospects of timely initiation Obligations will be issued as closely ~n time as feasible to the tllne contract are expected to be awarded so that they will be spent quickly Responsibility Because of the complexity of the arbitrage regulations and tile severity of the penalties for noncompliance, the advice of bond counsel and other qualified experts will be sought whenever questions about arbitrage rebate regulations ar~se The Director of Fiscal Operations will maintain a system for tracking the arbitrage rebate liability and ensuring that required calculations are performed on a timely basis They will either perform internal calculations or engage an expert to perform arbitrage rebate calculations at least annually Funds should be set aside for any potential liability so that sufficient amounts will be available to pay any requmred rebate amount The expenditures of obligation proceeds will be tracked in the financial accountIng system by issue Investments may be pooled for financial accounting and investment purposes When bond proceeds are commingled with other ~nvestments, the City shall adhere to the Internal Revenue Service regulations regarding the accounting and allocation of the commingled funds Exceptions to the Rebate Requirement £he arbitrage regulations provide several exceptions that will exempt interest earnings AAAOSFI9 PAGE 8 OF 8 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I lTl E DEBT SERVICE MANAGEMENT RLFERFNCE NUMBER on a bond issue from the rebate requirement These exceptions currently include (1) small issuer exceptions, (2) s:x month spending exceptions, (3) 18-month spending exception, (4) 24-month constluctlon spending exception, (5) investment in certain tax- exempt bonds, and (6) reimbursement of expenses paid prior to delivery of an issue The City will coordinate with thenr arbltlage consultant, bond counsel and financial advisor to take advantage of these exceptions whenever they are in the best interest of the City AAA03FI9 J \~PDOCS\RES\DEVELPOL RES RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON ESTABLISHING A DEVELOPMENT POLICY COMMITTEE TO M~KE RECOMMENDATIONS CONCERNING THE UPDATE OF THE DENTON DEVELOPMENT PLAN; APPOINTING MEMBERS TO THAT COMMITTEE; APPOINTING A CHAIRPERSON OF THE COMMITTEE; SETTING FORTH THE DUTIES AND TERM OF THE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Development Plan calls for ma]or updates every five to ten years; and WHEREAS, the Planning and Zoning Commission has recommended that a ma]or update program be undertaken; and WHEREAS, the city Council approved the ma]or update program on October 18, 1995, as shown in Exhibit I, and WHEREAS, the Councll wishes to appoint a Development Policy Committee (the "Committee") to review and make recommendations concerning development pollcy and appoint a chair for such committee in accordance with the approved update program, NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. SECTION I. Appointment. The following persons and chair are appointed to the Development Policy Committee. Jo Nash , Chair Perry Slack Curtis Hlmes J~m En~elbrecht RoGer Ramlrez Martha Guerra Dlck Smith Donna McClendon Rob Raynor Carolyn Smith Terry Schertz Alma Clark Gilbert Bernstein Jesse Coffev Chuck Hanley Carl Young Larry Luce Eullne Brock Gary Juren Mlke CQchran Brian Burke Bob powell Charldean Newell ~F~g~J~Q]~--~. Responsibilities. The Committee shall study development policy and make recommendations to the Planning and Zoning Commission and the City Council in accordance with the program in Exhibit I. ~[T_I~_~L~. Term. Each member shall be appointed by the City Council for a period not to exceed two years or when the City Council considers the Committee's final recommendations, whichever occurs first. ~J~/JZ. Procedures. The Committee may adopt rules for the conduct of its meetings. ~. Staffing. The Director of Planning and Development is designated the staff liaison to the Committee. BOB CASTLEBERRY,~OR~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CI~TTORNEY BY} PAGE 2 EXHIBIT 1 DENTON DEVELOPMENT PLAN UPDATE PROGRAM 1 Conduct a major update 2 Councal appoints a development policy committee that would recommend to P&Z, who would recommend to Council amendments to the Denton Development Plan (DDP) 3 The committee may form subcommittees and allow participation by persons not appointed to the comrmttee on the subcommittees Subcommittees chairs appointed by committee 4 Example schedule · Committee orientation and staff No later than one month after data gathering formation of the committee · Committee begins exploring major No later than two months after issues, considers forming formatmn of the committee subcommittees, and develops a sector plannmg process and schedule · Remalmng nme I year or longer 5 Committee and subcommittee meeting tunes to be determined by the committee and subc01mnlttees 6 The committee may recommend amendment of any part of the Denton Development Plan at any t~me rather than recommendation of the whole plan at once 7 The Committee may recommend ordinance amendments at any time 8 The Concept Map should be reviewed and amended through sector planning 9 Major issues for lmtlal exploraUon by the Commntee a Review the Concept Map Refine intensity area boundaries and Appendix A study area boundaries ® Complete this detailed planning project by neighborhood or sector planmng ® Adopt a goal that the Concept Map, the zomng map, and actual land use should be the same · Deal wath existing zomng which is anconsastent with current antensaty area desagnatlon b Revase the Thoroughfare Plan Add the collector street system c Expand the planmng area to the ETJ d Conmder addang water, wastewater, parks, drainage, and school master plans e Conduct studies about and consider mcreasang intensity along 1-35 and Loop 288, whale improving the community's attractiveness and brand image along major entranceway corridors f Refane policy statements, for anstance 1) No more than 1/3 of moderate actav~ty area can be commercial or retaal 2) No more than three corners of a moderate node may be commercial or retaal 3) Sate plan policy that may require PD zoning m most zoning to nonresidential use 4) Refine 1/2 male separation pohcy adding, "on the same rode of a street" 5) Multafamaly polacy, the current polacy defines multafamlly at 12 unats per acre or greater g The Committee should consider shortemng the Plan's volume by deletang land use projection data and consohdataon of policy statements, for instance h Include analysis of the Vmaon Project's strategaes AXX009EA RESO ,UTION NO qln - ©/3-- A RESOLUTION OF THE CITY OF DENTON NAMING THE MULTI-PURPOSE ROOM IN THE MARTIN L KING, JR RECREATION CENTER, AND DECLARING AN EFFECTIVE DATE WHEREAS, Mr Clordze Branch has approached the Parks and Recreation Department wzth a request to rename the multi-purpose room at the Martin L K~ng, Jr Recreation Center in honor and memory of Ollvza M Ammons, and WHEREAS, Mrs Ammons was honored during Black History Month for the numerous contrzbut~ons she made to the community as a whole, lncludzng her 52 years of teachzng at Fred Douglas and Fred Moore School, her continuous volunteer and fund raising efforts for which she was recognized at both the state and national levels, and for the many other causes for which she served, and WHEREAS, the Parks and Recreation Board recommends to the C~ty Counczl the name Ollv~a M Ammons Room for consideration, and WHEREAS, the Czty Counczl has determzned that ~t would be proper and fitting to name the multi-purpose room at the Martin L K~ng, Jr Recreation Center ~n honor and memory of Olivia M Ammons and w~shes to recognize th~s community leader for her generous contrzbutzons of service, NOW, THEREFORE, THE CO~CIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the multi-purpose room at the Martzn L Kzng, Jr Recreatzon Center shall now and hereafter be known and designated as the Olzv~a M Ammons Room ~ II That thzs resolution shall become effective immediately upon zts passage and approval PASSED ~D APPROVED thls the /~ay of ~ , 1996 BOB CASTLEBERRY, ~Y~ ATTEgT / HERBERT ~ ~RO~TY~ CITY Next Doeument A R~$OLUTION APPROVIN~ AN AGREeMeNT AND R~$OLUTION OF ~ CITY OF DENTON INDU$~ D£VELOPMENT ALH'HORTTY WITH RESPECT TO THE ISSUANCE OF BONDS FOR HARTZELL MANUFACTURING, INCORPORATED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, C,ty of Denton Industrial Development Authority (the "Issuer") was created under the auspices of City of Demon, Texas (the "Umt"), and WHEREAS, the Issuer is anthonzed by the Development Corporation Act of 1979, as amended (the "Act"), to tssue its revenue bonds on behalf of the Umt for the purpose of financing all or part of the costs of a "project", as detlned m the Act, and to loan the proceeds thereof to finance all or part of the costs thereof, and WHEREAS, the Issuer, by resolution (the "Bond Resolution") adopted April 1, 1996, has anthonzed the msuance and sale of its Vanable Rate Demand Industrial Development Revenue Bonds (Hertzell Manufactunng, Incorporated ProJect) Series 1996 (the "Bonds") in the mayamum aggregate pnncqpal amount of $2,000,000 and by the Bond Resolution has also authorized a Loan Agreement wah Famzell Manufacturing, Incorporated (the "Company") wherein the Issuer agrees to issue and sell the Bonds to provade funds to finance a certmn manufactunng project of the Company (the "Project") located w~thm the Umt, and certain other agreements oftha Issuer in connection therewath (collectively the Loan Agreement and such other agreements shall be referred to as the "Bond Documents"), and WHEREAS, the ACt requires that the govermng body of the Umt approve, by written resolution, any agreement to issue bonds approved by the Issuer, and WHEREAS, the general pubhc had an opportumty to make comments on the Bonds and the Project at a public heanng duly called and held by the Issuer on April 1, 1996, and WHEREAS, tlus City Council of the City of Denton, Texas has renewed the proceedings relauve to the issuance of the Bonds and, by adopuon of this Resolution, intends to approve the Bond Resolution, the issuance of the Bonds, the plan of financing approved by the Bond Resolution and to make the findings required by the Act to approve the Project, WHEREAS, it is deemed necessary and adwseble that flus Resolution be adopted THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS THAT Section 1 The Bond Resolution adopted by the Issuer authormng the execution of the Bond Documents and anthonzang the sale of the Bonds, in substantially the form and substance attached to tlus Resolution and made a part hereof for all purposes, is hereby specifically approved, and the Bonds may be issued as proxaded for therein Section 2 The Loan Agreement, m substantially the form and substance as attached to the Bond Re~olut~on and made a part bereofand thereof for all purposes, is hereby approved, and Bonds m the mammum principal amount of $2,000,000, may be issued pursuant thereto for the purpose of financing the cost of acquiring, consuuc~ing and equtppmg or causing to be acquired, constructed and eqmpped the Project as defined and descnbed thereto, wluch Project was and Is in compliance w~th the Act and the rules promulgated thereunder by the Texas Department of Commerce, and smd Project is hereby approved Section 3 The Umt hereby approves the issuance of the aforesmd Bonds in the maximum aggregate pnncipal amount of $2,000,000 for the Company, and fuftber approves the Project as described in the aforesaid Loan Agreement, and such approvals shall be solely for the purposes of Section 147(0 of the Internal Revenue Code of 1986, as amended, and the Umt shall have no liabilities for the payment of the Bonds nor shall any of its assets be pledged to the payment of the Bonds Section 4~ That thxs resotutxon shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ~A~ day of April, 1996 BOB CASTLEBER , MA~7 ~ ATTEST' JENNIFER WALTERS, CItY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY CERTIFICATE FOR RESOLUTION APPROVING AN AGREEMENT AND RESOLUTION OF THE CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY WITH RESPECT TO THE ISSUANCE OF BONDS FOR HARTZELL MANUFACTURING, INCORPORATED THE STATE OF TEXAS CITY OF DENTON We, the undersigned officers of smd Caty Counal of the Caty of Denton, Texas, hereby cemfy as follows 1 The C~ty Council of the Caty of Denton, Texas convened ~n REGULAR MEETING ON THE 2ND DAY OF APRIL, 1996, at the desagnated meetang place, and the roll was called of the duly constituted officers and members of smd City Councd of the C~ty of Denton, Texas, to-wat Bob Castleberry, Mayor Jerry Cott Dawd Bales, Mayor Pro-Tem Jack Miller Carl Young Euhne Brock JeffKrueger I_ and all of smd persons were present, except the following absentees ~ thus constatut~ng a quorum Whereupon, among other business, the following was t~ansacted at smd Meeting a written RESOLUTION APPROVING AN AGREEMENT AND RESOLUTION OF THE CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY WITH RESPECT TO THE ISSUANCE OF BONDS FOR HARTZELL MANUFACTURING, INCORPORATED was duly introduced for the consaderauon of smd Oty Council and read m full It was then duly moved and seconded that smd ResoluUon be adopted, and, after due d~scuss~on, smd mouon, caring with at the adopUon of smd Resolutaon, prevailed and camed by the following vote AYES All members of smd Caty Council shown present above voted "Aye" NOES 0 ABSTENTIONS 0 2 That a true, full, and correct copy of the aforesaid Resolution adopted at the Meeting descnbed m the above and foregoing paragraph is attached to and follows this Certificate, that said Resolution,has been duly recorded m soad City Counal's minutes of said Meeting, that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of smd Meeting pertaining to the adoption of smd Resolution, that the persons named in the above and foregoing paragraph are the duly chosen, quaitfied, and acting officers and members of smd City Counal as indicated therein, and that each of the officers and members of smd City Council was duly and sufficiently notified officially and personally, m advance, of the time, place, and purpose of the aforesmd Meeting, and that said Resolution would be introduced and considered for adoption at said Meeting, and each of said officers and members consented, m advance, to the holding of smd Meeting for such purpose, and that said Meeting was open to the public, and public notice of the time, place, and purpose of smd Meeting was ~ven, all as required by Chapter 551, Texas Government Code 3 That the City Secretary and the Mayor of the City of Denton have duly signed said Resolution, and that the City Secretary and the Mayor of the City of Denton hereby declare that their signing of tbs Certificate shall constitute the sigrnng of the attached and followml~ copy of said Resolution for all purposes SIGNED AND SEALED the 2nd day of April, 1996 (s AL) GENERAL CERTIFICATE THE STATE OF TEXAS CITY OF DENTON We, the undersigned Mayor and City Secretary of the City of Denton, Texas (the "Umt"), hereby eemfy as follows 1 This Certificate is executed vath reference to that senes of Bonds styled City of Denton Industrial Development Authority Variable Rate Demand Industrial Development Revenue Bonds (Hartzell Manufactunng, Inc Project) Series 1996 (the "Bonds") 2 The Umt is a city created, operating and eyastnig under the Constitution and laws of the State of Texas 3 The City of Denton Industnel Development Authority (the "Issuer") was created and authonzed to act on behalf of the Unit and the Articles of Incorporation and the Bylaws of the Issuer were approved by resolution of the Unit The Arucles of Incorporation have not been amended since the date of such creation 4 On March 1, 1996, and at all times since that date, the following persons duly constituted the officers of the Umt Name Office Bob Castleberry Mayor Jennifer Walters City Secretary 5 On March 1, 1996, and at all times since that date the following named persons have been duly appointed by the Unit as members of the Board of Directors of the Issuer Rack Svehla President Kathy Dubose Secretary 6 The Umt, by written resolution adopted on April 2, 1996, has specifically approved the issuance of the Bonds, solely and specifically for the purpose of satisf~ng the requirements of Section 25(f) of the Development Corporation Act of 1979, Article 5190 6, Vemon's Texas Civil Statutes, as amended, end such resolution has not been amended, annulled, rescinded, or revoked and remains in full force and effect on the date hereof 7 The Umt has approved all programs and expenditures of the Issuer 8 No htlgauon is pending against the Umt or, to the best of our knowledge, threatened against the Umt (0 to restrain or enjoin the issuance or dehvery of the Bonds or the execution, performance or delivery of the Issuer Documents, or (11) m any way contesting (a) the right and power of the Umt in connection with any action taken by it towards the creation of the Issuer or the issuance of the Bonds or the execution, performance or delivery of the Issuer Documents or (b) the title or authority of the current officers of the Umt or directors of the Issuer to their respective offices 9 The Attorney General of the State of Texas is hereby authorized to date tlus Certificate as of the date of approval of the Bonds and is entitled to rely upon the accuracy of the information contained herein unless notified by telephone or telecopy to the contrary 2 SIGNED AND SEALED tlus t'2Q~ ~ [~ ~-- ' C~f Secret~, (.] C~ty of Denton, Texas 3 F \WPDOCS\RES\EDC 3 NOTE: AMENDED BY R96-023 RESOLUTION NO A RESOLUTION AUTHORIZING THE CREATION OF THE ECONOMIC DEVELOPMENT CORPORATION OF DENTON, INC AS AN INSTRUMENTALITY OF THE CITY OF DENTON; APPROVING BYLAWS ANDARTICLES OF INCORPORATION, CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Economic Development Transition Committee of the Denton Chamber of Commerce ("Chamber"), formed under a contract with the City of Denton ("City") and the Chamber executed on the 15th day of August, 1989 and last amended on the 15th day of August, 1995 ("Chamber Contract"), has recommended the formatzon of an economic development corporation under §4A of the Development Corporation Act of 1979, article 5190 6, Texas Revised Civil Statutes Annotated, as amended (the "Act"), and WHEREAS, the Economzc Development Transztzon Committee has also recommended to the City that after the formatzon of the Economic Development Corporation of Denton, Inc (the "EDC"), that the Czty Counczl call an election to approve an addztzonal one-half cent sales and use tax wzthln the Czty dedzcated solely for economic development purposes under §4A of the Act, and WHEREAS, the Act authorzzes cztzes to create zndustrzal development corporations to act on their behalf in the promotion and financing of projects so as to ellmznate unemployment and under employment and to promote and encburage employment and the public welfare, and WHEREAS, after the formation of the EDC, the Czty of Denton wzll call and hold an election to approve the one-half cent sales and use tax and is authorzzed to create a corporation under the Act that is governed by §4A of the Act, and WHEREAS, the City Council intends hereby to approve the Articles of Incorporation and Bylaws and the creation of the EDC, and WHEREAS, the Czty Council has determined to authorzze and approve the lncorporatzon of the EDC as its constztuted authority and instrumentality to act on its behalf in accomplishing the public purposes described zn the Act, in the Articles of Incorporation, and article III, §52-a of the Texas Constitution, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I Mat the zncorporatzon of the Economzc Development Corporatlon~ , nc . hereby authorized and approved a~a development corpor~t~on_~.r the provisions of the Act, with the~-~ to be governed b~44k~thereof ~ That the Articles of Incorporation of the EDC, ~n the form attached hereto, are hereby approved, the initial directors named there~n are hereby appointed as directors of the EDC for the terms therein stated, and the incorporators are hereby authorized to file the same w~th the Secretary of State as provided by the Act The C~ty Manager and the City Attorney shall assist the EDC in filing these documents w~th the Secretary of State, in obtaining the Certificate of Incorporation and the Corporate Charter and ~n doing all other things necessary to form the EDC _~II That the Bylaws of the EDC, ~n the form attached hereto, are hereby approved and same shall be adopted by the Board of Directors of the EDC prlor to the commencement of its bus~ness SECTION IV That the EDC ~s hereby made and established as an ~ntegrat part of the City's programs for promoting local economic development and to stimulate bus~ness and commercial activity in the City and ~s authorized to make loans and grants of public money and to take other action to promote local economic development in accordance with TEX LOC GOV'T CODE §380 001 SECTION V That upon dissolution of the corporation, the C~ty hereby agrees to and shall accept t~tle to any and all real, personal, or other property owned by the EDC at such time, subject to all rights of third part~es that may then ex~st ~ That upon formation of the EDC, the City Manager Ks hereby authorized to enter into contracts w~th the EDC to provide legal, f~nanclal, admlnlstratlve and other municipal services at a compensation to be determined by the Board of D~rectors of the EDC and the Clty Council All such contracts shall be subject to the approval of the C~ty Council ~ That the City Council shall ratify and confirm the retention of bond counsel, special counsel, financial advisors, and/or consultants, which the EDC deems necessary for the development and financing of the projects of the EDC, and the payment of sald firms' fees and expenses ~_~VIII That until the sales and use tax elect~on passes and the EDC is fully funded, the EDC shall contract with the Chamber to continue to provide marketing services and the services to promote economic development as set forth in the Chamber Contract, as amended ~_Q~ IX That the City Council has found and determined that the meeting at which this resolution is considered ~s open to the publzc and that notice thereof was gzven ~n accordance with the provisions of the Texas Open Meetzngs Law, TEX GOV'T CODE ch 551, as amended Page 2 ECTI~ That thzs resolutzon shall become effectzve zmmedzately upon zts passage and approval PASSED AND APPROVED this the ~ day of ~~ , 1996 ATTEST BOB CASTLEBERRY, MAY~ ~ JENNIFER WALTERS, CITY SECRETARY APP ED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 3 ARTICLES OF INCORPORATION ECONOMIC DEVELOPMENT CORPORATION OF DENTON, INC. A NON-PROFIT CORPORATION DENTON, TEXAS ARTICLES OF INCORPORATION OF ECONOMIC DEVELOPMENT CORPORATION OF DENTON, INC A NON-PROFIT CORPORATION DENTON, TEXAS THE STATE OF TEXAS § COUNTY OF DENTON § WE, THE UNDERSIGNED natural persons, not less than three in number, each of whom is at least 18 years of age and each of whom is a qualified elector of the City of Denton, Texas (which lsa duly established C~ty under the Texas Constitution), acting as ~ncorporators of a public ~nstrumental~ty and non-profit economic development corporation (the "Corporation") under the Development Corporatlon Act of 1979, Tex Rev Clv Stat Ann art 5190 6, with approval of the governlng body of the City of Denton, Texas (the "Clty"), as evidenced by the resolutlon attached hereto and made a part hereof for all purposes, do hereby adopt the following Articles of Incorporation for the Corporation ARTICLE I NAME The name of the Corporation is ECONOMIC DEVELOPMENT CORPORA- TION OF DENTON, INC ARTICLE II NON-PROFIT CORPORATION The Corporation ~s a non-proflt corporation specifically governed by Section 4A of the Development Corporation Act of 1979, Tex Rev Clv Stat Ann art 5190 6 ARTICLE III DURATION The period of duration of the Corporation is perpetual ARTICLE IV PURPOSE The Corporation is organized exclusively for the purposes of benefiting and accompllshlng public purposes of the City of Denton, Texas, by promoting, assisting, and enhancing economic development activities for the Clt~ as provided by the Development Corporation Act of 1979, Tex Rev Clv Stat Ann art 5190 6, as amended The Corporation shall have and exercise all of the r~ghts, powers, prlvlleges, authority, and functions given by the general laws of Texas, including, without limitation, those given to non- profit corporations by the Texas Nonprofit Corporation Act, Tex Rev C~v Stat Ann Art 1396-1 01 et seq , and the additional powers as provided in Art 5190 6, §23, ~ncludlng the issuance of bonds If any conflict should arise between these statutes regarding the Corporation's powers, art 5190 6 shall control and govern the Corporation ARTICLE V INITIAL REGISTERED OFFICE AND AGENT The street address of the ~n~tlal registered off~ce of the Corporation ls the office of the Clty Attorney, C~ty of Denton, 215 East McK~nney Street, Denton, Texas 76201, and the name of the ~n~t~al registered agent at such address ~s Herbert L Prouty ARTICLE VI DIRECTORS The affairs of the Corporation shall be managed by a Board of D~rectors The number of Directors constituting the ~n~t~al Board of Directors of the Corporation ~s f~ve (5) The names and addresses of the persons who are to serve as the ~nlt~al D~rectors and the dates of expiration of their ~nlt~al terms as Directors are as follows D~rectors and Addresses ~-~ Troy H LaGrone, 529 Magnolia, Denton, TX 76201 April 9, 1999 R~chard D Hayes, 819 W Oak, Denton, TX 76201 April 9, 1998 Harry Hall, 2905 Forrestrldge Dr , Denton, TX 76205 April 9, 1998 Edward Smith, 103 E1 Paseo, Denton, TX 76205 April 9, 1998 Carl Anderson, 9 Rolling H~lls C~r , Denton, TX April 9, 1997 76205 The ~n~t~al terms of off~ce for the D~rectors shall be one (1) Dlrector w~th a three (3) year term, two (2) D~rectors w~th two (2) year terms, and two (2) Directors with one (1) year terms, as designated by the Mayor and C~ty Council No member of the Board shall serve more than two (2) consecutive three (3) year terms The Denton C~ty Council shall appolnt the D~rectors of the Corporation The number of D~rectors shall be f~ve (5) The D~rectors shall meet the following qualifications (a) The D~rectors w~ll be selected based on ~nterest ~n the work of the Corporatlon, speclal expertise and civil service Special expertise ~ncludes, without l~mltatlon, bus~ness sk~lls ~n f~nance, accounting, law, personal credlb~llty, bus~ness accomplishments and interpersonal sk~lls (b) The D~rectors must reside ~n the corporate city l~m~ts of Page 2 the City of Denton, Texas (c) No employee of the City of Denton or the Denton Chamber of Commerce and no elected official may serve as a voting member of the Board of Directors The Denton City Council shall serve as non-voting ex-officio members of the Board and may appoint up to five (5) ex-officio non- voting members of the Board who will serve for one (1) year terms After the initial terms of office, the five voting Directors shall serve for three (3) year terms Any vacancy occurring shall be filled by appointment by the City Council Each of the Initial Directors shall reside within the City Each Director, including the initial Directors, shall be eligible for reappolntment Directors are removable by the governing body of the City for cause or at will The Directors shall serve as such without compensation except that they shall be reimbursed for their actual expenses incurred in the performance of their duties as Directors ARTICLE VII MEMBERSHIP/STOCK The Corporation has no members and is a non-stock corporation ARTICLE VIII AMENDMENTS These Articles of Incorporation may at any time and from time to time be amended as provided in the Development Corporation Act of 1979 so as to make any changes therein and add any provisions thereto which might have been Included in the Articles of Incorpo- ration in the first instance Any such amendments shall be effected in either of the following manners (1) the members of the Board of Directors of the Corporation shall file with the City Council a written application requesting approval of the amendments to the Articles of Incorporation, specifying in such application the amendments proposed to be made The City Council shall consider the application and, if it shall by appropriate resolution duly find and determine that it is advisable that the proposed amendments be made it shall approve the form of the proposed amendments and the Board of Directors of the Corporation may amend the Articles of Incorporation by adopting the amendments at a meeting of the Board of Directors and delivering articles of amendment to the Secretary of State, or (il) The City Council may, at its sole dIscretion, but only after obtaining the advice of the Corporation's Board of Directors, amend these Articles of Incorpo- ration, and alter or change the structure, organization, programs, or activities of the Corporation, or terminate or dissolve the Corporation (sub3ect to the provisions of the Development Corpora- tlon Act of 1979, and sub]ect to any limitation provided by the constitutions and laws of the State of Texas and the United States Page 3 of America on the Impairment of contracts entered ~nto by the Corporation) by written resolution adopting the amendment to the Articles of Incorporation of the Corporation or Articles of Dissolution at a meetlng of the C~ty Council and delivering Articles of Amendment or Dissolution to the Secretary of State, as provided ~n the Development Corporation Act of 1979 or upon elect~on as provided in the Act Restated Articles of Incorpora- tion may be f~led with the Secretary of State as provided in the Development Corporation Act of 1979 ARTICLE IX INCORPORATORS The name and street address of each Incorporator ~s Troy H LaGrone 529 Magnolia, Denton, TX 76201 Richard D Hayes 819 W Oak, Denton, TX 76201 Marry Hall 2905 Forrestrldge Dr , Denton, TX 76205 ARTICLE X AUTHORIZATION The City has specifically authorized the Corporation by resolution to act on ~ts behalf to further the public purposes stated in sa~d Resolution and these Articles of Incorporation, and the C~ty has by said Resolution approved these Articles of Incorporation A copy of said Resolution is attached to these Articles of Incorporation and made a part hereof for all purposes ARTICLE XI DIVIDENDS No dlv~dends shall ever be paid by the Corporation and no part of its net earning remaining after payment of ~ts expenses shall be distributed to or inure to the benefit of ~ts D~rectors or officers or any ~nd~vldual, f~rm, corporation, or association No part of the Corporation's activities shall be carrying on propaganda, or otherwise attempting to ~nfluence legislation, and it shall not participate in, or ~ntervene ~n (including the publishing or d~strlbut~ng of statements), any political campaign on behalf of or in opposition to any candidate for public office ARTICLE XII DISSOLUTION If the Corporation ever should be d~ssolved when it has, or is entitled to, any interest ~n any funds or property of any kind, real, personal or m~xed, such f~nds or property or rights thereto shall not be transferred to private ownership, but shall be transferred or delivered to the City after satisfaction or provisions for satlsfactlon of debts and claims Page 4 ARTICLE XIII LIMITATIONS ON LIABILITY OF DIRECTORS A Director is not liable to the Corporation or members for any monetary damages for an act or omission in the Director's capacity as Director except to the extent otherwise provided by the laws of the State of Texas ARTICLE XIV INDEMNIFICATION The Corporation may indemnify a person who was, is, or is threatened to be a named defendant or respondent in litigation or other proceedings because the person is or was a Director, officer, employee, member, or other person related to the Corporation as provided by the provisions in the Act governing indemnification As provided in the Bylaws, the Board of Directors shall have the power to define the requirements and limitations for the Corpora- tlon to indemnify Directors, officers, members, or others related to the Corporation ARTICLE XV CONSTRUCTION Ail references in these Articles of Incorporation to statutes, regulations, or other sources of legal authority shall refer to the authorities cited, or their successors, as they may be amended from time to time ARTICLE XVI LIMITATIONS ON EXPENDITURES AND CONTRACTUAL AUTHORITY The Corporation may spend no more than ten percent (10%) of the corporate revenues for promotional purposes and may contract with other existing private corporations to carry out industrial development programs consistent with the purposes and duties set out in the Development Corporation Act of 1979 SIGNED Troy H LaGrone Richard D Hayes Harry Hall INCORPORATORS Page 5 STATE OF TEXAS § COUNTY OF DENTON § Before me, a notary public, on this day personally appeared Troy H LaGrone, known to me to be the person whose name is subscribed to the foregoing Articles of Incorporation of the Economic Development Corporation of Denton, Inc , and belng by me duly sworn, declared that the statements there~n contaIned are true and correct Given under my hand and seal of office th~s day of , 1996 Notary Public My Commlsslon Expires STATE OF TEXAS § COUNTY OF DENTON § Before me, a notary publlc, on this day personally appeared Rlchard D Hayes, known to me to be the person whose name is subscribed to the foregoing Articles of Incorporation of the Economic Development Corporation of Denton, Inc , and being by me duly sworn, declared that the statements there~n contained are true and correct G~ven under my hand and seal of office th~s day of , 1996 Notary Public My Commlsslon Expires STATE OF TEXAS § COUNTY OF DENTON § Before me, a notary public, on th~s day personally appeared Harry Hall, known to me to be the person whose name is subscribed to the foregoing Articles of Incorporation of the Economic Development Corporation of Denton, Inc , and being by me duly sworn, declared that the statements there~n contained are true and correct Given under my hand and seal of office this day of , 1996 Notary Public My Commlsszon Expires E \WPDOCS\WORK\;%RTIC~S INC Page 6 BY-LAWS ECONOMIC DEVELOPMENT CORPORATION OF DENTON, INC. A NON-PROFIT CORPORATION DENTON, TEXAS BYLAWS OF ECONOMIC DEVELOPMENT CORPORATION OF DENTON, INC A NON-PROFIT CORPORATION DENTON, TEXAS SECTION I OFFICES 1.01 Realstered Office and ReGistered AGent The Corporation shall have and continuously maintain in the State of Texas a registered office, and a registered agent whose office is Identical with such registered office, as required by the Texas Non-Profit Corporation Act The Board of Directors may, from time to time, change the registered agent and/or the address of the registered office, provided that such change is appropriately reflected in these Bylaws and in the Articles of Incorporation The registered office of the Corporation is located at 215 East McKznney, Denton, Texas 76201, and at such address is the Corporation, whose mailing address is elso 215 East McKlnney, Denton, Texas 76201 1.02 Principal Office The principal office of the Corporation in the State of Texas shall be located in the City of Denton, County of Denton, and it may be, but need not be, identical with the registered office of the Corporation The Board of Directors shall be authorized to establish additional offices in the corporate city limits of Denton, Texas SECTION II PURPOSES 2 O~ Purooses and Duties The Corporation is a non-profit corporatIon specifically governed by the Texas Development Corporation Act of 1979, as amended The purpose of the Economic Development Corporation of Denton, Inc (..Corporation") is to promote, assist, and enhance economic development in accordance wlth the Articles of Incorpora- tion without limiting the foregoing, the Corporation shall develop and implement a competitive industrial (economic) develop- ment program for Denton which will 1 Expand the economy in order to provide the highest levels of ]ob opportunities and quality of life for all cltl- 2 Improve the City and infrastructure to attract and support development and investment, 3 Retain and expand existing businesses, 4 Diversify and broaden the tax base, 5 Protect the local environment and resources, and 6 Perform all tasks, charges, and services required of the Corporation under Amendments No 2 and 3 to the agreement between the City and the Chamber, executed, respectively, August 15, 1995 and April , 1996, and amending that contract entered into betwee~ the City and the Chamber dated August 15, 1989 (,,Chamber Contract") Provided the Corporation may contract with the Chamber and the City to perform any of the tasks, charges, and services required of the Corporation under the Chamber Contract 7 Be a part of the C~ty of Denton's economic development programs, and may be the recipient of loans and grants of public money and accept contributions, gifts, or other resources to promote economic development and to stlmu- late business and commercial activity in the City of Denton, in accordance w~th TEX LOC GOV'T CODE §380 001 SECTION III MEMBERS AND POWERS 3 The Corporation shall have no members 3 Q2 Gen~ral Powers The Board shall have all powers granted to it by law, including without limitation, the following powers which shall not be deemed exclusive 1 Develop policies and operating procedures that do not conflict with City policy 2 Develop and implement financial/incentive programs to attract and retain business 3 Provide funding for or to develop ~nfrastructure 4 Develop long-range economic development goals and programs for the City and the Corporation 5 Acquire or lease property (land or buildings) within the city limits (or the ETJ) or, w~th Council approval, outside the city l~m~ts 6 Plan, develop, improve, and sell or lease land 7 Build or rehabll~tate buIldings for sale or lease 8 Sell or lease property by ~nstallment payments or otherwise 9 Make secured or unsecured loans or loan guarantees Page 2 10 May borrow funds and issue bonds with City Council approval 11 Sue or be sued ~n the Corporation's name 12 Appoint standang or ad hoc committees which may include lndavaduals who are not members of the Board 13 Employ personnel as may be needed to conduct the bus~ness of the Corporataon 14 Contract for servaces necessary to conduct the bus~ness of the Corporataon 15 Market and promote the City and its amenities consistent wath the purposes and dutaes set out in these Bylaws 16 Undertake all other act~v~taes necessary to carry out the purpose of the Corporataon SECTION IV BOARD OF DIRECTORS 4 01 Board of D~rectors The busaness and affairs of the Corporataon and all corporate powers shall be exercased by or under authority of the Board of Directors (the "Board"), appointed by the City Council of the City of Denton, and subject to applacable limitations imposed by the Texas Non-Profat Corporation Act, the Texas Business Corporation Act, the Artacles of ancorporataon, other applicable laws, or these Bylaws The Board may, by contract, resolution, or otherwise, give general or limited or specaal power and authoraty to the officers and employees of the Corporation to transact the general busaness or any specaal busaness of the Corporation, and may gave powers of attorney to agents of the Corporation to transact any special busaness requiring such authorization The Board may plan and darect its work through a Director of Economac Development, who wall be charged w~th the responslbllaty of carrying out the Corporation's program as adopted and planned by the Board The Board may contract with the Caty, Chamber, or another entaty for the services of a Director of Economic Develop- ment 4,02 N~ber and Oual~flcatlons The authorazed number of Directors of th~s Board shall be f~ve (5) Provided, however, all members of the City Council shall be non-voting ex-offac~o members of the Board and the City Council may appoint up to fave (5) non-votang ex-officio members who shall serve one year terms, and which could ~nclude the City Manager and the volunteer head and staff head of the Chamber The Board may Page 3 recommend individuals for service as ex-officio members Ex- officio members shall be given notices of all meetings, may participate in dascusslons at Board meetangs, but shall not be entitled to vote The City Council shall appoint the Directors of the Corpora- tlon The number of Directors shall be five (5) Each Director shall meet the following qualifications 1 Members will be selected based on interest in the work of the Corporation, special expertise and cavac service Special expertise includes, but as not llmated to busa- ness skills in finance, accounting, law, personal creda- blllty, business accomplishments, and interpersonal skills 2 Board members must reside in the corporate city limits of Denton, Texas 3 No employee of the City or Chamber and no elected official may serve as a voting member of the Board The City Council shall also consider an ~ndlvadual's experi- ence, accomplishments, and educataonal background in appoantlng members to the Board to ensure that the ~nterests and concerns of all segments of the community are considered 4 03 Bonds The President, Vice President, Treasurer of the Board, and the Director of Economic Development shall each gave an offaclal bond in the sum of not less than One Hundred Thousand Dollars ($100,000 00) The bonds referred to In thas section shall be considered for the faithful accounting of all monaes and thangs of value coming ~nto the hands of such officers The bonds shall be procured from some regularly accredited surety company authorized to do business in the state The premiums therefor shall be pa~d by the Corporation A copy of each officer's bond shall be filed with the City Secretary 4,04 Implied Duties The Corporation is authorized to do that which the Board deems desirable to accomplash any of the purposes or duties set out or alluded to in Section 2 01 or any other applicable sections of these Bylaws and in accordance with state law 4 05 Tenure The initial terms of office for the D~rectors shall be two D~- rectors with one year terms, two Directors with two year terms, and one Director with a three year term, as designated by the City Council No member of the Board shall serve more than two con- secutive three year terms The City Council shall appoint the Di- rectors of the Corporation The number of Darectors shall be fave Page 4 After the lnatlal term of office, the Directors shall serve for three years Darectors shall be removable at any t~me by the C~ty Councal by vote of four councllmembers 4 06 Vacancies Any vacancy occurrang shall be f~lled by appointment by the C~ty Councal 4 07 Meetings The Board shall determane the number of regular meetzngs to be held wathan the Denton corporate clty lam~ts by resolution, but shall have a manlmum of four regular meetings a year Specaal meetangs may be called by the Board President, secretary, any three votlng members of the Board, or by the Mayor or any three members of the City Council All meetings of the Board shall provzde no- t~ce thereof as provided and set forth ~n the Texas Open meetings Act, TEX GOV'T CODE §551 Any member of the Board may request that an atem be placed on the agenda by delivering the same an wr~tang to the secretary of the Board no later than ten days praor to the date of the Board meetang The President of the Board shall set regular meeting dates and tlmes at the begznn~ng of has/her term Not~ce of any meeting shall be given to the public in accor- dance wath the requarements of the Texas Open Meetings Act The notice shall contaln information regarding the partacular tzme, date, and locataon of the meetang and the agenda to be consadered All meetangs shall be conducted an accordance w~th the Texas Open Meetings Act The Board shall hold an annual meeting during the last quarter of the fascal year Thas meetang may be held as a joint meeting with the C~ty Council All meetings shall be conducted an accordance wath Robert's Rules of Order, Newly Revased, or under specified rules adopted by the Board samalar to the C~ty Council Rules of Procedure (City Ordinance No 94-183, as amended ) 4 08 Attendance Regular attendance of the Board meetings zs required of all members The following number of absences may constitute the need for replacement of a member three consecutive absences, or attendance reflecting absences constztutlng 50% of the meetings over a 12-month per~od The Board and the C~ty Council may grant special consaderatzon for absences for good cause In the event replacement zs indicated, the member w~ll be counseled by the President and, subsequently, the President shall submzt in writing to the City Secretary the need to replace the Board member ~n questaon The C~ty Councll may remove any Board member who is absent for three consecutave regular meetangs or who ~s absent from fifty percent or more of the meetings over a twelve month period Page 5 4,09 Quorum For the purpose of convenmng a meeting, a simple majority of the appolnted number of appomnted votzng Dmrectors then servmng on the Board shall constmtute a quorum For purposes of transacting the b~smness of the Corporatzon at any meetmng, a s~mple majormty of the appomnted votmng D~rectors shall constmtute a quorum An afflrmatmve vote of three members of the Board shall be necessary to take any off~cmal action If there ms an ~nsufflczent number of D~rectors present to convene the meetzng, the preszdmng offzcer shall adjourn the meetzng 4,10 Compensation The duly appoznted members of the Board shall serve wmthout compensation, but shall be remmbursed for actual or commensurate cost of travel, lodging, and incidental expenses whmle on offzclal buslness of the Board mn accordance wmth state law 4,~1 Votzn~0 Actmon of the Board of D~rectors Dmrectors must be present in order to vote at any meetmng D~rectors may not vote by proxy Unless otherwise provmded mn these Bylaws or mn the Articles of Incorporatzon or as requmred by law, the affirmative act of three of the Dmrectors present at any meetmng for which a quorum ms present shall be the act of the Board of Dmrectors In the event that a Dmrector ms aware of a conflict of interest or potential conflmct of mnterest, wmth regard to any particular vote, the Director shall bring the same to the attention of the Board and mrs Secretary at the meetmng and shall abstain from the vote, unless the Board determmnes that no conflzct of · nterest exzsts ~n accordance with TEX LOC GOV'T CODE ch 171 and §14 04 of the City Charter The Corporation shall not escrow money from or otherwzse transact busmness wmth a Board member, offmcer, or committee member without full dmsclosure of all relevant facts and wlthout approval of the Board Any Dmrector may brmng to the attention of the Board at the meeting any apparent conflict of mntereet or potential conflict of mnterest of any other Dmrector, mn which case the Board shall determine whether a true conflict of mnterest exzsts before any vote shall be taken regardzng that particular matter The Director as to whom a questmon of ~nterest has been raised shall reframn from voting with regard to the determination as to whether a true conflmct exmsts 4 12 Board's Relationship w~th Cmtv Counczl In accordance wmth state law the Cmty Council shall requmre that the Corporatmon be responsible to mt for the proper dzscharge of mrs duties assmgned ~n thms article All polmcmes for program admmnlstrat~on shall be submztted for Counczl approval, and the Board shall admln~ster sazd programs accordzngly The Board shall determine ~ts policies and dmrect~on wmth~n the l~mltat~ons of the duties heremn mmposed by applicable laws, the Articles of Incorpo- ratmon, these Bylaws, contracts entered into with the City, and budget and fmducmary responsmbmlmtmes Page 6 4 13 Board's RelatlonshzD wlth Admznzstratzve Departments of the Cztv The Board may contract wzth the City to provide legal, technzcal, admznzsterzal, flnanczal, and other services for the Corporation upon terms, conditions, and compensation as are mutually agreeable Any request for servlces made to the admznzstratlve depart- ments of the City shall be made by the Board or its designee zn writing to the C~ty Manager The City Manager may approve such request for asszstance from the Board when he fznds such requested servzces are available wzthzn the admlnlstratzve departments of the Czty and that the Board has agreed to reimburse the admznzstratlve department's budget for the costs of such servzces provided Any requests for legal asszstance shall be made by the Board or zts designee to the City Attorney The Czty Attorney may pro- vzde such assistance when such services are available and the Board has agreed to rezmburse the Czty for cost providing the legal services SECTION V OFFICERS 5 01 Officers of the CorporatIon The elected officers of the Corporatzon shall be a President, Vice President, Secretary, and Treasurer Such offzcers shall have the authority and perform the dutzes of the offzce as the Board may from time to time prescribe or as the Secretary or Treasurer may from time to time delegate to h~s or her respective Assistant Any two or more offzces may be held by the same person, except the offzce of Preszdent 5 O~ Selection of Officers The lnztzal President and Vzce Preszdent shall be elected by the Board and shall serve a term of one year On the expzratlon of the term of offzce of the original President and Vzce President, the Board shall select from among its members zndlvlduals to hold such offzce The term of office for Preszdent and Vzce President shall always be for a perlod of one year, provided, however, that the President and Vice Preszdent continue to serve untzl the electlon of thezr successors The Secretary and Treasurer ~hall be selected by the members of the Board and shall hold office for a period of one year, provzded, however, that they shall continue to serve until the election of their successors Elections shall be held at the annual meetzng of the Board 5 03 Vacanczes Vacancies in any offlce which occur by reason of death, reszg- Page 7 nation, dlsquallf~cataon, removal, or otherwise, may be falled by the Board of Directors for the unexpired portaon of the term of that office, ~n the same manner as other offacers are elected to the Board 5 04 Preszdent The Presadent shall be the presldang offzcer of the Board wzth the followang authority 1 Shall presade over all meetings of the Board 2 Shall have the rzght to vote on all matters comang before the Board 3 Shall have the authorzty, upon notice to the members of the Board, to call a speczal meetzng of the Board when zn has judgment such meetang is requzred 4 Shall have the authoraty to appoint standing commattees to azd and asszst the Board an its business undertakings or other matters zncldental to the operation and func- taons of the Board 5 Shall have the authorzty to appoznt ad hoc committees whach may address zssues of a temporary nature of concern or which have a temporary affect on the buszness of the Board In addataon to the above mentzon dutaes, the President shall sign with the Secretary of the Board any deed, mortgage, bonds, contracts, or other anstruments whach the Board has approved and unless the executaon of saad document has be expressly delegated to some other offacer or agent of the Corporataon by appropraate Board resolution, by a speclfac provlsaon of these Bylaws, or by statute In general, the Presadent shall perform all duties lncadent to the offace, and such other dutzes as shall be prescrabed from time to tzme by the Board of Darectors 5,05 Vzce Preszdent In the absence of the Presadent, or an the event of hzs or her inability to act, the Vice President shall perform the dutaes of the President When so actzng, the Vice President shall have all power of and be subject to all the same restractzons as upon the Presadent The Vice Presadent shall also perform other duties as from time to tame may be assigned to ham or her by the President 5 06 ecretar The Secretary shall keep, or cause to be kept, at the regi- stered offace a record of the minutes of all meetings of the Board and of any commattees of the Board The Secretary shall also f~le a copy of saad minutes with the C~ty and the same to be given, an accordance wath the provas~ons of these Bylaws, or as required by Page 8 the Texas Open Meetings Act or the Texas Open Records act or other appllcable law The Secretary shall be the custodian of the cor- porate records and sale of the Corporation, and shall keep a register of the mailing address and street address, if different, of each Director 5 07 Treasurer The Treasurer shall be bonded for the faithful discharge of his/her duties with such surety or sureties and in such sum as the Board shall determlne by Board resolution, but in no event shall the amount of such bond be less than an amount equal to the average of the sums which the Treasurer has access to and the ability to convert during a twelve month period of time The Treasurer shall have charge and custody of and be responsible for all funds and securities of the Corporation The Treasurer shall receive and give receipt for money due and payable to the Corporation from any source whatsoever, and shall deposit all such monies in the name of the Corporation ~n such bank, trust corporation, and/or other depositories as shall be specified in accordance with Article VII of these Bylaws The Treasurer shall, in general, perform all the duties ~ncldent to that offlce, and such other duties as from time to time may be assigned to hlm by the President of the Board 5 08 Director of Economic Development The Corporation may employ a Director of Economic Development The D~rector of Economic Development may serve as the Chief Exec- utive Officer of the Corporation and may oversee all administrative functions of the Corporation The Director shall develop policies and procedures for the Corporation, ~ncludlng f~nanclal, personnel, accountlng, and purchasing pol~cles and procedures to be approved by the Board and C~ty Council ~,09 Other Employees The Corporation may employ such full or part-time employees as needed to carry out the programs of the Corporation These employ- ees shall perform those duties as are assigned to them by the Di- rector of Economic Development The Director of Economic Develop- ment shall h~re, d~rect, and control the work of all Corporation employees 5 10 Contracts for Service The Corporation may, with approval of the C~ty Council, con- tract with any qualified and appropriate person, association, cor- poration, or governmental entity to perform and discharge designat- ed tasks which will aid or assist the Board in the performance of its duties However, no such contract shall ever be approved or entered into which seeks or attempts to d~vest the Board of its d~scretlon and policy-making functions an d~scharglng the duties here~n above set forth in this section Page 9 SECTION VI COMMITTEES 6,01 Oual~f~catlons for Committee Membership Members of committees shall be appointed by the President, and approved by the Board Committee members need not be members of the Economic Development Corporation of Denton, Inc , unless required by these Bylaws or Board resolution 6.02 Special Committees This President may determine from time to time that other committees are necessary or appropriate to assist the Board, and shall designate, subject to Board approval, the members of the respective committees No such committee shall have andependent authority to act for or in the stead of the Board with regard to the following matters amending, altering, or repealing the Bylaws, electing, appointing, or removing any member of any such committee or any Director or Of- flcer of the Corporation, amending the Articles of Incorporataon, adopting a plan of merger or adopting a plan of consolidation w~th another corporation, authorizing the sale, lease, exchange, or mortgage of all or substantially all of the property and assets of the Corporation, authorizing the voluntary dissolution of the Cor- poration or revoking the proceedings therefor, adopting a plan for the distribution of the assets of the Corporation, or amending, altering, or repeallng any resolution of the Board which by ~ts terms provides that at shall not be amended, altered, or repealed by such commlttee The designation and appointment of any such commlttee and delegation to that committee of authority shall not operate to relieve the Board, or any individual Director, of any responelbll lty imposed on at or on him/her by law 6 03 T~rm Qf office of Committee Members Each member of a committee shall continue as such until the next annual appointment of the Board and until his or her success or on the commlttee is appolnted, unless the committee shall be sooner terminated or unless such member has ceased to serve on the Board of Directors, or unless such member be removed from such committee Any committee member may be removed from commIttee memDershap by the President, with Board approval, whenever an their judgment the best interests of the Corporation would be served by such removal 6 04 Vacancies on Committees Vacancies in the membership of any committee may be filled an the same manner as provided with regard to the original appoant- Page 10 ments to that committee SECTION VII FINANCIAL ADMINISTRATION The Corporation may contract with the City for financial and accounting services The Corporation's financing and accounting records shall be malntalned according to the following guidelines 7 0 F1 al Year The fiscal year of the Corporation shall begin on October 1 and end on September 30 of the following year 7 02 Budaet A budget for the forthcoming f~scal year shall be submitted to, and approved by, the Board and the City Council of the C~ty of Denton In submitting the budget to the C~ty Council, the Board shall submit the budget on forms prescribed by the City Manager and in accordance with the annual budget preparation schedule as set forth by the City Manager Along w~th the budget, the Board will submit a performance evaluation detailing the Corporation's achievement of ~ts prlor goals and objectives along with the next year's program of work for the City Council's review and approval on a mutually agreed date The Corporation shall also submit quar- terly written activity reports to the C~ty Council on a mutually agreed schedule The budget shall be submitted to the City Manager for inclusion of it ~n the annual budget presentation to the City Council. The budget proposed for adoption shall include the pro- 3ected operating expenses, and such other budgetary ~nformat~on as shall be useful to or appropriate for the Board and the City Council of the Clty of Denton 7,03 Contracts As provlded ~n Article V above, the President and Secretary shall execute any contracts or other instruments which the Board has approved and authorized to be executed, provided, however, that the Board may by appropriate resolution, authorize any other of- flcer or officers or any other agent or agents, including the Di- rector of Economic Development, to enter ~nto contracts or execute and deliver any instrument in the name and on behalf of the Cor- poration Such authority may be confined to specific instances or defined in general terms When appropriate, the Board may grant a specific or general power of attorney to carry out some action on behalf of the Board, provided, however, that no such power of attorney may be granted unless an appropriate resolution of the Board authorizes the same to be done 7 04 Checks and Drafts All checks, drafts, or orders for the payment of money, notes, or other evidences of ~ndebtedness ~ssued ~n the name of the Corporation shall be s~gned or bear the facsimile of the President Page 11 or Treasurer, or such other person as deszgnated by the Board 7,05 Deposits Ail funds of the Economic Development Corporation of Denton, Inc shall be deposited on a regular basis to the credit of the Corporation in a local bank which shall be federally insured and shall be selected following procedures and requirements for selecting a depository as set forth in Chapter 105 of the Local Government Code All monies of the Corporation shall be deposited and/or Invested in accordance with the City's Investment Policy and the Public Funds Investment Act, subchapter A, chapter 2256, Gov- ernment Code and with article 4413(34c) Vernon's Texas Civil Stat- utes and all other applicable laws The Board shall designate the accounts and depositories to be created and the methods of with- drawal of funds The ~nvestment and reconciliation of corporate funds may be performed by the Finance Department of the City 7~06 GlftS The Economic Development Corporation of Denton, Inc may accept on behalf of the Corporation any contribution, gift, bequest, or devise for the general purpose or for any special purposes of the Corporation 7,07 Purchasing All purchases made and contracts executed by the Corporation shall be made in accordance with the requirements of the Texas Constitution and statutes of the State of Texas 7,08 Investments Temporary and idle funds which are not needed for immediate obligations of the Corporation may be invested in any legal manner provlded in subchapter A, chapter 2256, Government Code (Public Funds Investment Act) and consistent with the City's Investment Policy 7,09 Bonds Any bonds issued by the Corporation shall be in accordance with the statute governing this Corporation but ~n any event, no bonds shall be issued without approval of the Denton City Council after review and comment by the City's bond counsel and financial advisor 7 10 Uncommitted Funds Any uncommitted funds of the Corporation at the end of the fiscal year shall be considered a part of the fund balance The Undesignated Fund Balance may be committed for any legal purpose provided the Corporation's Board and the C~ty Council both approve such commitment This may include the establishment of a Page 12 permanent reserve fund whach shall be accumulated for the purpose of using the interest earnings of such fund to fanance the operation of the Corporation 7 11 Audit The Corporation shall pay and provide for an annual fananclal audat to be performed by a competent independent auditor or audatang f~rm at the end of each fiscal year The audit shall be submitted to the C~ty Council and C~ty Manager SECTION VIII BOOKS AND RECORDS 8 01 Books and Records The Corporation shall keep correct and complete books and records of all actaons of the Corporation, ~ncludlng books and records of account and the m~nutes of the meetings of the Board and of any committee having any authority of the Board and to the Caty Council All books and records of the Corporation may be ~nspected by D~rectors of the Corporation or has/her agent or attorney at any reasonable tame, and any anformat~on whach may be designated as publlc lnformataon by law shall be open to public inspection at any reasonable t~me The Texas Open Records Act and Open Meetings Act shall apply to dasclosure of public ~nformat~on 8.02 Monthly Reports The Corporation shall provlde monthly summaries of proposed d~spersal of funds for anticipated projects, and funds that are d~spersed over $50,000 If any two councllmembers request formal Council consader- at,on, the City Manager shall notify the Director who shall not make the daspersal unless the request for formal Council action is w~thdrawn Upon request for formal Council cons~derataon, no such payment shall be made unless a formal public vote ~n open C~ty Council session ~s made to approve the d~spersal SECTION IX PROGRAM 9,01 Authorlzatlon The Corporation shall carry out ~ts program subject to ~ts Articles of Incorporation and these Bylaws, and such resolutaons as the Board may from tame to tame authorize 9 02 ProGram The program of the Economac Development Corporation of Denton, Inc shall be to assast, stimulate, and enhance economic develop- ment in Denton, Texas, subject to applicable state and federal law, · nclud~ng without l~m~t~taon, TEX LOC GOV'T CODE ~380 001, these Page 13 Bylaws, and the Articles of Incorporation SECTION X PARLIAMENTARY AUTHORITY 10 0~ Amendments to Bylaws These Bylaws may be amended or repealed and new Bylaws may be adopted by an affirmatIve vote of three of the authorized Directors serving on the Board, at a special meeting of the D~rectors held for such specific purpose, and the notice requirements stated herelnabove regarding special meetings shall apply, or by an affirmative vote of four or more members of the City Council, but only after obtaining the advice of the Corporation's Board of Directors, at any regular or special meeting of the Council The Directors of the Corporation present at an annual meeting of the Board may, by an affirmatIve vote of three, in accordance with the requirements of Article IV herelnabove, amend or repeal and lnstltute new Bylaws, provided that at least ten days prior to the annual meeting, written notlce setting forth the proposed action shall have been given to the Directors, and public notice regarding such action shall have been glven according to the requirements of the Texas Open Meetings Act and Open Records Act Notwlthstand~ng the foregoing, no amendment shall become effective unless the City Council approves the amendment SECTION XI DISSOLUTION On petition of ten percent or more of the registered voters of the City of Denton requesting an election on the dissolution of the Corporation, the City Council shall order an election on the issue The election must be conducted according to the applicable provision of the Election Code The ballot for the election shall be printed to provide for voting for or against the proposition "Dissolution of the Economic Development Corporation of Denton, Inc " If a majority of voters voting on the Issue approve the d~ssolu- tlon, or if the Corporation is otherwise dissolved in accordance with the provisions of the Development Corporation Act of 1979 or any other applicable law, the Corporation shall continue operations only as necessary to pay the principal of and Interest on its bonds and to meet obligations incurred before the date of the election and, to the extent practicable, shall dispose of 1ts assets and apply the proceeds to satisfy those obligations When the last of the obligations is satisfied, any remaining assets of the Corpora- tlon shall be transferred to the City, and the Corporation is dissolved Page 14 SECTION XII INDEMNITY 12 01 Indemnity The Board shall authorize the Corporation to pay or reimburse any current or former Director or Officer of the Corporation for any costs, expenses, fines, settlements, judgments, and other amounts, actually and reasonably incurred by such person in any action, suit, or proceeding to which he or she is made a party by reason of holding such position as Officer or Director, provided, however, that such Officer or Director shall not receive such indemnification if he/she be finally adjudicated in such Instance to be liable for gross negligence or intentional misconduct In office The indemnification herein provided shall also extend to good faith expenditures incurred ~n anticipation of, or preparation for, threatened or proposed litigation The Board may, in proper cases, extend the lndemnlf~cat~on to cover the good faith settle- ment of any such action, su~t, or proceeding, whether formally instituted or not To the extent the Board authorizes indemnification to Direc- tors or Officers of the Corporation, the City of Denton shall also provide indemnity to sa~d Directors and Officers All officers and employees of the Corporation, including w~thout l~mltatlon, its Board of D~rectors, shall be covered under Ordinance No 95-128, the C~ty's indemnity ordinance However, the C~ty of Denton's indemnifi- cation shall only apply after the Corporation's ability to indemnify has been exhausted Nothing in this section creates personal l~ablllty on the part of Officers or Directors to any extent not otherwise provided by statute or case law Furthermore, the Corporation agrees to ~ndemnlfy and hold harmless and defend the C~ty of Denton, its officers, agents, and · ts employees from and against liability for any and all claims, l~ens, suits, demands, and/or actions for damages, In]urges to per- sons (~ncludlng death), property damage (~ncludlng loss of use), and expenses, including court costs and attorneys' fees and other reasonable costs arising out of or resulting from the Corporation's act~v~tleS and from any l~abtllty arising out of or resulting from the intentional acts or negligence, including all such causes of action based upon common, constitutional, or statutory law or based in whole or in part upon the negligent or intentional acts or omis- sions of the Corporation, including but not limited to its of- ficers, agents, employees, licensees, ~nv~tees, and other persons The Corporation further agrees that it shall at all times exercise reasonable precautions on behalf of, and be solely responsible for the safety of ~ts officers, agents, employees, licensees, lnvltees, and other persons, as well as their property, while in the vicinity where activities are being performed It is expressly understood and agreed that the City of Denton shall not be liable or responsible for the negligence of the Corporation, including but not limited to its officers, agents, employees, licensees, lnvltees, and other persons Page 15 It is further agreed with respect to the above indemnity, that the City of Denton and the Corporation will provide the other prompt and timely notice of any event covered which in any way, directly or indirectly, contingently or otherwise, affects or might affect the Corporation of the City of Denton, and the City of Denton shall have the right to compromise and defend the same to the extent of Its own interests It is further agreed this lnder~nlty clause shall be an additional remedy to the City of Denton and not an exclusive remedy 12 02 ~ The Board may purchase insurance, including public officials and employees liability insurance and other policies of Insurance it deems necessary to fully cover its indemnification responsibil- ities set forth in section 12 01 above The City shall be a named insured on all such policies of insurance which shall contain a clause that such insurance policies shall not be cancelled or changed without thirty days prior notice to the Corporation and the City Rather than purohaslng separate policies of insurance, the Corporation's Directors, Officers, and employees may seek to be covered under the City's policy of public officials liability insurance Copies of such insurance policies as well as bond policies will be filed with the City Secretary SECTION XIII MISCELLANEOUS 13,01 Relation to Artlcles of Incorporation These Bylaws are subject to, and governed by, the Articles of Incorporation and applicable state statutes under which the Corporation is organized E \WPDOC$\WORK\BYLAWS Page 16 RESOLUTION NO ~Q~D-OI g RESOLUTION OF THE CITY OF DENTON CITY COUNCIL SUPPORTING THE DESIGN AND DEVELOPMENT OF U S HIGHWAY 77 AS PROPOSED BY THE TEXAS DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE W~EREAS, the City of Denton approved Minute Order 86816 on March 15, 1988, agreeing to participate in acquiring right-of-way, adjustlng utillt~es, and construction of the highway, and, WHEREAS, construction of th~s highway will provide for better traffic movement in the northwest section of the City, and WHEREAS, construction of thms facility will promote access and econommc development opportunities for the C~ty of Denton, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council of the City of Denton supports the design and development of U S H~ghway 77 as proposed by the Texas Department of Transportation SECTION II That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the~'~ day of ~ , 1996 BOB CASTLEBERRY, ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM. HERBERT L PROUTY, CITY ATTORNEY RESOLUT O nO q& 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, REQUESTING THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY TO REDUCE ELECTRIC RATES TO REFLECT ACTUAL COST OF OPERATIONS, EFFECTIVE ON APRIL 1, 1996 WHEREAS, Texas Municipal Power Agency, TMPA on Aprll 1, 1996, has completed the conversIon of the G~bbons Creek Power Plant from Grimes County lignite to higher quality, lower cost Wyoming Coals, and WHEREAS, on January 10, 1995 the Denton City Council passed a motlon dlrectzng TMPA to meet certain cost reductmon goals, and WHEREAS, on February 7, 1996 the Clty Managers and utility D~rectors met and conf~rmed that those goals were being met, and WHEREAS, the TMPA staff has determined that the appropriate rates to recover costs for TMPA operation 1s $14 07/mwh and $21 92/kw/mo and WHEREAS, the TMPA Planning and Operating CommIttee (ut~lmty D~rectors of Bryan, Denton, Garland and Greenvmlle) on February 26, 1996, after careful consideration recommended to the TMPA Board to adopt said rates effectzve Aprml 1, 1996, with the following respective percentage shares, Denton 21 3% (rs 22%), Bryan 21 7% (vs 22%), Garland 47%, Greenville 10% (vs 9%), and WHEREAS, the Cmty Councmls of Denton, Bryan, Garland and Greenvllle have passed Resolutmons supportmng the respective above mentmoned percentage shares, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON ~ That the C~ty Council of the City of Denton requests that TMPA Board of D~rectors adopt rates, effective Aprz1 1, 1996, of $14 07/mwh and $21 92/kw/mo with Denton's percentage share of TMPA power energy costs of 21 3% ~ That this resolutIon shall become effectIve Immediately upon mrs passage and approval thew PASSED AND APPROVED this day of ~, 1996 ATTEST ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY E \WPDOCS\RES\NLC R RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AN AMENDMENT TO THE BYLAWS OF THE NATIONAL LEAGUE OF CITIES PROVIDING FOR THE FILLING OF CERTAIN VACANCIES IN OFFICE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton is a member of the National League of Cities ("NLC"), and WHEREAS, the NLC Special Bylaws Committee has recommended an amendment to section 6 of Article III of the NLC Bylaws to modify and clarify the process for filling leadership vacancies, and WHEREAS, the City Council deems it in the public interest to approve this amendment to the Bylaws, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the City Council hereby approves the amendment to section 6 of Article III of the NLC Bylaws, as indicated in the attached memorandum from the NLC President, which memorandum is made a part of this resolution for all purposes and incorporated herein, and authorizes the Mayor to cast the City's ballot in favor of the attached amendment to the Bylaws ~ That the City Secretary is hereby directed to return the ballot in favor of the amendment to the NLC Bylaws on or before April 26, 1996 ~ That this resolution shall become effectzve ~mmedlately upon ~ts passage and approval PASSED AND APPROVED this the/~--day of~, ~996 BOB CASTLEBERRY, 70R~ ATTEST JENNIFER WALTERS, CITY SECRETARY APP E 'JTO LEG FORM HERBERT L PROUTY, CITY ATTORNEY  National 1301 Pennsylvama Avenue N W Officers March 14, 1996 Soc~dV, c0P,o~de,, TO' Mayors of Direct Member Clt,es Executive Directors of State Mun.l. cipal Leagues From' PresidentGreg°ry S. Lashutka~ Subject: Amendments to the NLC Bylaws At its July 14-15, 1995, meeting in Atlanta, the NLC Board of Directors accepted the report of a special Bylaws Committee which recommended one amendment to the NLC Bylaws The Bylaws Committee, which was initially appointed in March 1993 by then- NLC President Donald M. Fraser, was asked in January 1995 by then-NLC President Carolyn Long Banks to reconvene to review procedures for election of NLC officers and for filling leadership vacancies. The committee was chaired by Past President Bob Bolen, former mayor of Fort Worth, Texas. This package includes specific language to amend the Bylaws, a ballot which ~--t be ~et~-~-~- tO ~w~.~. h~a4~&rte~s by ~r~l ~, 199~, and a postage paid reply envelope to return your ballot by the deadline. Ballots may also be returned by fax at (202) 626-3143. However, if you return your ballot by fax, please do not mail the ballot. The proposed Bylaws Amendment Is as follows' Amend Se6tion 6 of Article III to modify and clarify the process for filling leadership vacancies. The recommended language is as follows (new language is underlined and deleted language is crcs=cd =ut): A vacancy in the office of second v~ce president or ~ member of the Board of Directors shall ~ ~gntinue until a new, ~ualified person is elected under Article III. Section 5. unless it ~s filled for the unexpired term bY a person selected by a majority vote Mayors of Direct Member Cities Executive Directors of State Municipal Leagues March 14, 1996 Page Two of the remaining members of the Board of Directors ..... ~A~ ~_~.._. ~..4- ~..~ ...... ~.-..~. ~-~----- A v~cancv which occurs for a person serving as a member of the Board of Directors as a past president because that person ceases to possess the essential qualifications provided in Section 4 hereof ~ va=a.ncy shall continue until a new, qualified retiring president assumes such position on the Board of Directors The proposed changes in the first sentence are intended to give the Board of Directors more flexibility in dealing with leadership vacancies Including the option of leaving a position vacant until the next regularly-scheduled election by the full membership. The changes in the second sentence relating to past president vacancies are proposed for clarification purposes. A copy of the Bylaws (amended as of June 12, 1994) is enclosed for your reference. It is extremely important that you exercise your voting right by casting your ballot. The number of votes you are entitled to cast is indicated on the enclosed ballot. Ballots received at NLC headquarters by April 26 will be tabulated and certified by two members of the Board of Directors and the results announced by mail early in May. If you have any questions about the proposed amendments, please contact Christine Becket, Deputy Executive Director, at (202) 626-3017. Enclosures OFFICIAL BALLOT FOR MEMBER CITIES On a Change to the Bylaws of the National League of Crees March 14, 1996 Do you favor amending the Bylaws of the Nauonal League of C~ues as proposed below YES NO ^me~d Sect~ou 6 of^r~cle I~ to modify a~d clar~ ~ ~--~ the process for filhng leadership vacancies S~gnature for member c~ty Mayor's S~gnature Mayor's Name BOB CASTLEBERRY C~ty DENTON State TEXAS Number of Votes Cast Date Apr~.l 16 ,1996 RETURN IN THE ENCLOSED ENVELOPE TO Nauonal League of Crees Attenuon DonaldJ Borut 1301 Pennsylvama Ave, NW Washington, DC 20004 OR BY FAX TO (202) 626-3143 (Note If you fax your ballot, please do not ma~l the ballot ) Your s~gned marled or faxed ballot must be received by Apml 26, 1996, xf ~t ~s to be counted C E \WPDOCS\R~S\B~NAVIDE R A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING TEODORO BENAVIOES AS CITY MANAGER 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 and Section 5 02 of the Charter of the C~ty of Denton authorize the City Council to appoint a City Manager, and WHEREAS, Article V, Section 5 02 of the Charter authorizes Councll to set the compensation for the City Manager THE COLINCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That Teodoro Benav~des Ks hereby appointed as C~ty Manager of the City of Denton, Texas ~ That the Mayor ~s authorized to execute an agreement with Teodoro Benavldes, providing for substantially the same terms of employment as provided ~n the attached agreement, a copy of which is attached hereto and incorporated by reference herein ~ That this resolution shall become effective ~mmediately upon ~ts passage and approval PASSED AND APPROVED this the.//~'--_ day of ~~_, 1996 BOB CASTLEBERRY, MAY7 ~ ! ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY EMPLOYMENT AGREEMENT ~TMIS,A~REEMENT, made and entered into this of ~ , 1996, by and between the City of Denton, Texas, a municipal corporation of the State of Texas, hereinafter referred to as "City" and Teodoro Benavldes WITNESSETH: la The City Council of the City of Denton hereby engages the employment services of Teodoro Benavldes as City Manager 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 Manager shall from time to time assign (Exhibit "A" - Job Descrip- tion ) The April 1, 1996 conditional offer letter is made a part of this Agreement 2a The City Council agrees to pay for his services a monthly base salary of $8,751 60 ($50 49 per hour) payable in installments at the same time as other employees of the City are paid In addition to the above salary, the Council will make an annual payment (currently 4% of annual compensation) to the Internal City Management Association Retirement Corporation (ICMA-RC) on hzs behalf For the 1995-96 budget year, the payment will be prorated over the number of months from his employment date The City will also provide the City Manager a car allowance of $4,056 per year 2b The City Council agrees to pay for the benefits program of Teodoro Benavldes These benefits include health insurance, life insurance, long-term disability insurance, retirement under the Texas Municipal Retirement System, and other benefits as provided to other Council appointees of the City with the exception of vacation and sick t~me accrual Teodoro Benavldes will accrue vacation and sick time as if he were a five year employee 3a An annual performance review will be conducted by the City Council during the time set aside each year for other execu- tive appointees (currently April 15th) 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 within the approved budget The City Counczl may determine that it is deszrable to adjust salary on the basis of the annual performance review made at the same time as similar consideration is given to other Council appointees 3b The City will provide for Teodoro Benavldes' relocation to Denton under the standard relocation policies He will accomplish the move to Denton, lnszde the city l~mlts as soon as possible given his family's czrcumstances but no later than slx months from beginning employment 4a It is recognized that the City Manager has to devote a great deal of his time outside normal office hours to bue~ness of the C~ty, and to that end, the C~ty Manager wlll be allowed to take discretionary time off as he shall deem appropriate during sa~d normal off~ce hours, provided, however, the City Manager shall devote h~s entire t~me 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 Manager for professional and official development and to adequately pursue necessary official and other functions for the C~ty 4c The City Council also agrees to budget and pay (with the approval of the annual budget) for the travel and subsistence expenses of the City Manager for short courses, lnst~tutes, and seminars that are necessary for his professional develop- ment and for the good of the C~ty of Denton 4d The City Council agrees to budget and pay (w~th the approval of the annual budget) the professional dues and subscriptions of the City Manager necessary for his continuation and full participation, includIng the holding of responsible offices ~n national, regional, state, and local associations and organ~- zatlons 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 poslt~on, the City Manager 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 Manager serves at the will and pleasure of the City Council In the event of h~s involuntary separation as City Manager, he shall be entitled to receive a lump sum payment equal to SlX months aggregated salary, provided, however, that in the event of his termination because of h~s 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 drinking an alcoholic beverage, then, ~n 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) resignation following a reduction in salary or other financial benefits of the City Manager in a greater percentage than an Page 2 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 Manager herein, or (4) the City Manager 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 Manager may, at h~s option, be deemed ..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 Ail provisions of the City Charter, City Code, and Rules and Regulations of the City adopted by the C~ty 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 Manager as they would to other employees of the City, in addition to said benefits enumerated specifically for the benefit of the City Manager, except as provided herein The City Manager shall be entitled to receive the same vacation and sick leave benefits as are accorded other City Council appointees, including provisions governing accrual and payment therefor on termination of employment This Agreement shall be effective commenc~ng~~. 7a and shall continue until terminate by e~ther ~ar't~s ~rovfd~d herein IN WITNEBS WHEREOF, the City has caused this Agreement to be signed in its name by the Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Mayor has hereunto set his hand and seal the day and year first above written CITY MANAGER CITY OF DENTON, TEXAS Teodoro Benavldes Bob Castleberry, ATTEST. Jennifer Walters, City Secretary Page 3 APPROVED AS TO LEGAL FORM. Herbert L Prouty, City Attorney E \WPDOCS\K\BENAVIDE K Page 4 APPROVAL DATE REVISION DATE PAY GRADE DEPARTMENT~ General Government DIVISiON~ General Govt JOB TITLE~ City Manaoer JOB NUMBER JN10 TITLE OF IMMEDIATE SUPERVISOR~ City ¢o~Dcil MAJOR DUTIES~ o Enforces and administers the provisions of the City Charter, City Ordinances, laws governing municipalities, and City Council o Plans, coordinates, and directs the work of City departments, including City owned utilities, through delegation of authority and responsibility to executive directors and department directors o Attends regularly scheduled and special meetings and participates actively in discussLon of matters coming before the City Council and recommends legislation and policies required in the public interest o Negotiates and recommends awards of contracts for materials, equipment, and services. o Meets with directors and department heads to produce departmental budget estimates, proposes an annual budget for the City w~th balanced revenues and expenditures o Represents the city in a variety of meetings and public functions o Appoints department heads, subordinate officers, employees and is the final reviewing authority on the termination of classified employees o Meets with varLous subordinates individually and as a group to resolve organizational problems and coordinate departmental work programs o Prepares or coordinates preparation of all background material an connection with Council meetings; attends and represents staff at all sessions. o Reviews proposed budgets with the executive staff; makes recommendations and presentations of budget items to Council and conducts budget work sessions o Meets personally with or receives phone calls from citizens who desire information or have s complaint, ~nvestigates and ensures adequate responses. Reviews mail and proposes approprLate responses o Heads the Executive Committee, which addresses problem-solvIng issues related to the municipality; facilitates problem resolutions, ~nitiates and approves policies. Mercer/AAA017E9 EXECUTIV~ SECRETARY TO CITY MANAGER Revised~ Paoe 2 of 2 o Ensures that executive directors motivate their subordinate departments and divisions to the highest level of performance; conducts annual reviews executive directors subordinate supervisors' and managers' appraisals. o ~akes major changes in the structure, methods, procedures and work flows of city departments to reflect changes in mission, operational demands and relationships among departmental units. o Responsible for coordinating the short-range, long-range and strategic planning of all city departments. o coordinates the activities of city government with other government agencies and performs other related duties as required o Performs related duties as assigned by the city Council MINIMUM OUALIFICATIONS. O Five-eight years of strong experience as a city manager, assistant city manager or deputy city manager. o Master's degree in public administration, bus.ness adm~nistration or related field. o Valid Texas class "C" driver's l~cense Mercer/AAA017E9 CITY oF D~NTO'fl 115 EAST McKINN~Y s~ET DENON ~XAS 76201 BOB cAs~BBB~Y ~AYo~ ongm~ V~a F~st Class ~r T~O~o ~nav~des 6~5~ ~yn ~e .... ~ O~FBR OF BMpLO -- ~ome sel~ as our - ,~ ~f th~ C~ty ~ouuv, ~,,~d to your ~' yof~ss~on~ ~d h~ghly T~, on be~ u ~ ~e 1~~ng zu, ~ C~ty M~age~ "~ ,_ ~ ~agmg ou~ Ctty m~mdtcaUve of the h~gh - ~t WOrK u~ ," - _~ ~v~C~ ~w be mmng me lm~ v~,,r b~kg~OUUd ~u eff~uve m~"~ ~e ex~Ung the C~ty ~ be m~ag~ the which we - ~ 3e~ O1~ ~n~mg ~ls is to ~r of employment a~ - month ($50 49 per hour) The C~ty condlUOU~ u ,--. s $8,~51 ~ ~r --~,,allv (wnt~n) ~d ~nslder a ~ . . ~a,ustment at .that~ll~e~ eff~uve ~ate u~ esm Council will few;- ~ ~s has )ypic~ bhSh~ for other Novembe~ o, -- (cu~enOY Apnl 15th) Council aP~m~s the Council writ m~e ~ ~nu~ payment to Co~rauon 2 In add~UOn to the above ~' at nayment ~s 4% of ~nu~ ]~agement As~au°n geurement the lnte~auon~ C~ty ~e cu~e f ,oMA_RC offers ~ver~ (iCMA-RC) on you~ beh~f defe~ ~d me ~ com~n~uon ~e~ ~e ~ 5/96 budget Y~, the payment will be .... For ~e ~99j ~.~-- employment date mvestment OP~s~,,mhet of mourns pro~ over u,~ ,, ....... of $4,045 ~r y~ However, xf ~ pyovxde a car ~owance vehxcle As a you chose, you may ~xty-own~ vehtcle, thxs P ex~Utxve e~pl°y~s wxll apply ThtS ~e benefit pwgram affoYd~ other prov~d~ to you ~d as was 4 the summ~ of benefits was outlm~ xn T Benavtdes - Offer of Employment Page 2 explained dunng your visit to Denton These benefits include medical insurance, long-term disability insurance, parUc~paUOn in Texas Municipal Reurement System (TMRS), etc The April 1, 1996 the. --,uve benefit prog ..... You we~ v' - -~-.llon tO the exc.,~u - - five veal' emptoyv'- ..... contact 'tom ,...,. will accru~ ~- - ~ _ a,~ benefits p~v~ Klmck, Director of I4uman Resources, should you have addmonal questions comprehensive mfonnauon on explained when you begin employment All benefits will be more fully the standard tedt°that you will accomplish the 5 The City will provide for your relocauon Denton under · _.~.},~,tt It IS ailtlclpa _ a~.,~llv,s ClrCumstailccs relocaUon policy a~t~__,,.-~o ,~nsslble given your ~nove to Denton as Soon ~ r- 6 Training and conUnumg education expenses are provided m the City Manager's budget and considered by the City Councd each year with the approval of the annual budget as soon as possible but 7 You have agreed to bagm employment with the City no later than May 15, 1996 This offer is conditional on p.6viewmg driver's license record (paid by the City) 1 medical physical examination 2 Completing a the immigration Reform and Control 3 providing 1-9 mformauon required by as required by our City's DrUg Act screen prior to your start date 4 Passing a drUg and Alcohol Free Workplace policy If you are in agreement with the elements of this conditional offer, please sign belOW, fax return to $17-566-g3~g to Tom Khnck, and return the ongmal by nt aereement will be drawn up incorporating all _.. ore detailed empl~y.m~ ,~ clause we've agreed to That agreement mail A m . .,.~ ~,,, month severance subsequent meeting these points aha tn~ o,,- City Council by resolution at a will be adopted by the that Ted, I know the City Council members were extremely impressed with your we face new background and experience in the cay management field It is our belief tubers also indicated that your your Dallas experience will serve our community very well as .... -s The Council me -,~ ~ City Manager were style of communication ~'" J you as the right fit for the City of Denton Important consideraUOnS in seeing t996 April 1_ T Bea~de's ' Off~ of P~g¢ ~' offer of cropl°~jm~n~' ~s C~t~J M~g¢~ fo~ thc i ~g~e,e to th~ Cl~J Coaa¢¢'s of DcU~a, Tcx~S Dat~ bcte~96t wps 3/3~/96 Next Document atw~ll6 res RESOLUTION NO ~~ A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO AMEND CITY POLICIES TO PROVIDE FOR A MODEL OF EMPLOYMENT AT WILL WITH RESPECT TO ALL EMPLOYEES, OTHER THAN THOSE GOVERNED BY CHAPTER 143 OF THE TEXAS LOCAL GOVERNMENT CODE, AUTHORIZING THE CITY MANAGER TO OFFER SEVER3LNCE PACKAGES TO NEW HIRES AND INCUM- BENTS IN KEY POSITIONS AT THE DIRECTOR LEVEL AND ABOVE, AND TO EXPEND FUNDS AS NECESSARY IN SUPPORT OF SAME, APPROVING REDRAFTS OF POLICIES 1 00 AND 104 02, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, for a number of years, the City of Denton, Texas has utilized, but has not been contractually bound to, a formalized progressive disciplinary process wzth respect to employees not governed by Chapter 143 of the Texas Local Government Code, and WHEREAS, the overwhelming ma]orlty of public and private enterprises in Texas follow a strict model of employment at w~ll, and WHEREAS, consistent with these principles, the City Council of the City of Denton, Texas wishes to amend its disciplinary policies to confirm and clarify a model of employment at will with respect to Its employees (other than those subject to Chapter 143 of the Texas Local Government Code), but wishes to do so in a manner which still provides for some measure of supervision and review of disciplinary actions taken with respect to these employees, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION I That the City Manager is hereby directed to, within the next slx months, modify all personnel policies as needed to implement a model of employment at will w~th respect to all employees of the City of Denton, Texas (other than those subject to the protections of Chapter 143 of the Texas Local Government Code) similar to the attached D~sclpllnary Action Policy (109 01) and D~sclpllnary Review Hearing Policy (109 03), and discretion is hereby conferred upon the City Manager to make such changes in the attached policies (109 01 and 109 03) as are deemed necessary to effectuate the purposes set forth in the recitals All policies so amended shall take effect immediately upon their approval with respect to new hires, and take effect with respect to current incumbents within slx (6) months of the passage and approval of this resolution SECTION II That within that slx month period referenced in Section I, above, the City Manager may offer any employee whom the City Manager decides to terminate without cause the option of remaining in that position for a period not to exceed slx months or, if the incumbent agrees to leave immediately, a severance package not to exceed the cost of 180 days of salary Nothing within this section shall apply to any employee sub3ect to the requarements of Chapter 143 of the Texas Local Government Code or subject to an employment agreement wath the Caty stating otherwase ~ That as an aid to recruatment and retention, the City Manager as hereby authorized to offer to incumbents and new hires classified ~n key posztzons at the dzrector level and above employment agreements providing for severance packages w~th pro- v~s~ons similar to the agreements the Caty has with employees d~rectly appomnted by the Czty Council The Caty Manager as further authorized to exercise discretIon an determining which posltaons merit the offer of such severance packages Said severance packages may apply to any such employee who as involun- tarily termlnated without cause, but may not exceed the cost of 180 days of salary for the lnvoluntaraly termanated employee Said authorlty shall take effect immediately upon the passage and approval of thzs resolution ~ That the attached Purpose of the Policies and Procedures Manual policy (1 00), and the attached Probationary Peraod policy (104 02) which are both made a part of thas resolu- tion for all purposes, are hereby adopted as official pol~caes of the City of Denton, Texas, replaczng all anconsastent or predeces- sor policies Saad amended pollcaes (1 00 and 104 02) shall take effect mmmedzately upon passage and approval of this resolution SECTION V Each sectzon of this resolution shall become effective as of the dates set forth therein PASSED AND APPROVED this the~day of ~, 1996 ATTEST BOB CASTLEBERRY, MAYOR/~ JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY PAGE 2 CITY OF DENTON PAGE 1 OF POMCY/ADMINISTEATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION REFERENCE NUMBEB POLICIES AND PROCEDURES MANUAL INSTRUCTIONS 1 O0 SUBJECT EFFECTIVE DATE PURPOSE OF THE POLICIES AND PROCEDURES MANUAL 05/08/96 TITLE REPLACES PURPOSE OF THE POLICIES AND PROCEDURES MANUAL 12/15/92 DISCLAIMER OF CONTRACTUAL TERMS THE OONTENTS OF THIS MANUAL DO NOT IN ANY WAY CONSTITUTE THE TERMS OF A CONTRACT OF EMPLOYMENT AND SHOULD NOT BE CONSTRUED AS A GUARANTEE OF CONTINUED EMPLOYMENT WITH THE CITY OF DENTON EMPLOYMENT WITH THE CITY OF DENTON IS ON AN AT WILL BASIS THIS MEANS THAT THE EMPLOYMENT RELATIONSHIP MAY BE TERMINATED AT ANY TIME BY EITHER THE CITY OR THE EMPLOYEE FOR ANY REASON NOT EXPRESSLY PROHIBITED BY LAW ANY ORAL OR WRITTEN STATEMENTS BY ANYONE, (EXCEPT INDIVIDUAL WRITTEN EMPLOYMENTAGREEMENTSSPEClFICALLY AUTHORIZED BY THE CITY COUNCIL) TO THE CONTRARY ARE INVALID AND SHOULD NOT BE RELIED UPON BY ANY PROSPECTIVE OR EXISTING EMPLOYEE THE CITY OF DENTON RESERVES THE RIGHT TO ALTER OR AMEND THE CONTENTS OF THIS MANUAL AT ANY TIME WITHOUT NOTICE II PURPOSE The purpose of this manual ~s to provide supervisors and department d~rectors w~th a permanent, written source of information about the pohcles, procedures, and administrative directives of the C~ty of Denton III OBJECTIVES The object~vee of this manual are A To estabhsh standard~zed pohcms, procedures, and d~rect~ves on ~ssues that apply to all departments and d~ws~ons of the C~ty B To reduce questions about pohcms, procedures, and d~rect~ves by hawng them readily available for reference C To put in writing prewouely unwritten, "word of mouth" pohcms and procedures so as to make them offlcml and m~n~m~ze errors m carrytng them out D To ensure that pohcms, procedures and directives are kept current by periodic updates of th~s manual IV RELATIONSHIP TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS Every effort will be made to ensure that pohcms and procedures are consistent w~th the Code of Ordinances of the C~ty of Denton, Texas If, however, there ~s an,/dmcrepanc,/, the Mumc~pal Code shall apply An'/person finding d~screpanc~es should notify the Human Resources Department immed~ately CITY OF DENTON PAGEt OF POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION REFERENCE NUMBER HUMAN RESOURCES 104 02 SUBJECT EFFECTIVE DATE EMPLOYEE DEVELOPMENT 05/08/96 TITLE REPLACES PROBATIONARY PERIOD 08/01/94 POLICY STATEMENT Every person appointed to a regular pos~t~on (full-t~ma and part-time) m the serwce of the C~ty shall be required to successfully complete a probationary pe.od of s~x (6) months During the probationary penod, the supervisor shall closely observe and evaluate the work of all new employees and encourage their effective adjustment to the poslt~on by prowdmg necessary trmmng and onentat~on The purpose of this pohcy ~s to allow the employee's superwsor 1) to tram, instruct, rewew, and counsel the employee m the operations of the department, the expectations of the supervtsor, and the performance level required, and 2) to point out and correct ~nadequate performance The successful oompletlon of a probationary period should not be construed as creating a contract of employment or as guaranteeing employment for any specific duration or aa establishing a "just cause" dmciplinery or termination standard ADMINISTRATIVE PROCEDURES At least ten (10) working days pnor to the completion of the employee's probationary penod, the employee's superwsor shall assess h~s or her performance to determine the adv~sab~hty of continued employment The superwsor shall then prepare a status change regarding the end of the probationary per~od or the termination of employment containing documentation as to any performance evaluation or reasons for termination Th~s data shall be forwarded to the Human Resources to be placed m the employee's offlcml file II If an employee ~s absent for 30 days or more during the probationary penod, the probationary period may be extended by the amount of t~me the employee was absent to be equivalent to slx months of performance An employee who leaves a regular posit;on w~th the C~ty and ~s reemployed shall be considered a new employee and serve the s~x (6) months probationary period under the same conditions Benefit accruals and ehg~bd~ty wdl be deferred m accordance w~th the leave without pay pohcy (111 08) III Any employee (regardless of the mx-month probationary period) wdl have the opportumty to apply for promotion or transfer IV Civil Serwce employees are governed by Chapter 143 of the Texas Local Government Code, Vernon'a Codes Annotated This statute ~s avmlable for rewew ~n the Denton Pubhc L~brary and the Departments of F~re, Pohce, and Human Resources PAGE 2 OF 2 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Cont~nuedl TITLE I REFERENCE NUMBER PROBATIONARY PERIODI 104 02 V An employee who leaves a regular position w~th the C~ty ~n order to actively serve ~n the Armed forces for not more than four years (unless extended at the request of the Government), satmfactor~ly completes hm parred of active serwce, and makes an apphcat~on for reemployment w~th the City w~th~n mnety (90) days after completmn of m~htary serwce shall be reemployed to a position for which he m quahfmd at the pay level he would have obtained (excluding any ~ncreases based on work performance) had he not entered m~htary service In addition, service credit and seniority as it relates to vacation, Iongewty, and sick leave earned prior to and not compensated for at the time of termination w~ll be restored The conditions of the preceding paragraph w~ll be apphed as required by apphcable federal and state laws CITY OF DENTON PAGE 1 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION REFERENCE NUMBER HUMAN RESOURCES 109 O1 SUBJECT EFFECTIVE DATE DISCIPLINARY POLICY 00/00/96 TITLE REPLACES DISCIPLINARY ACTION 04/19/88 POLICY STATEMENT. It ~s the pohcy of the C~ty of Denton to maintain an effective, productive, and d~sc~phned work force m order to dehver quahty and adequate servmes to the citizens of Denton Each employee ~s responsible for perforrmng h~s or her job ~n a safe, productive, and effective way and w~th~n the ~nstruct~ons and standards estabhshed by hm or her supervisor In addition, employees are expected to maintain acceptable standards of conduct m their employment Superwsors are responsible for ~nstructlng employees m job dutms and respons~b~htms and commumcat~ng performance standards for the job Superwsors accomphsh thru through lob ormntat~on, job ~nstruct~on, coaching and informal discussions w~th the employee Those employees governed by the prows~ons of Chapter 143 of the Texas Local Government Code, the C~ty Manager, C~ty Attorney, Municipal Judge, Assistant Judge, persons employed by a written contract s~gned by the c~ty manager, probationary, temporary, and seasonal employees shall be exempted for the apphcat~on of th~s pohcy, unless specifically stated otherwise harem However, an opportumty for a response and heanng shall be afforded such employees when the conduct charged has been pubhc~zed by the City to the extent that the reputatton of the employee ~s brought into dmpute or the conduct charged constitutes the exercme of a constitutional r~ght The purpose of th~s pohcy m to give d~rect~on to superwsors only It confers no contractual or property r~ghts upon any employee, and all employees are employed strictly on an at-w~ll bas~s ADMINISTRATIVE PROCEDURES INTRODUCTION These administrative procedures are estabhshed to prowde appropriate gu~dehnes m carrying out the poh~ms of the C~ty of Denton regarding the progressive d~sc~phnary program They are ~ntended to address general apphcat~on of the principles of dmmphnary actmns In typical s~tuat~ons Disciplinary actions should recogmze the importance of the C~ty's respons~blhty to provide quahty serwce dehvery to the c~t~zene These procedures address a broad range of performance of dutms and conduct problems However, they are not intended to address every problem or s~tuatlon which m~ght arise It ~s the respons~b~hty of the supervisor to determine the nature, extant, facts and c~rcumstances tn each d~sciphnary action and use judgment ~n the apphcat~on of these pohc~es and procedures If an employee demonstrates unsatisfactory performance of duties or unsatisfactory conduct problems, d~sc~phnary actions are designed to help the employee correct the problem and build a renewed commitment to the C~ty and h~s or her job ~n an equitable and consistent manner PAGE 2 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE {Continued) TITLE I REFERENCE NUMBER DISCIPLINARY ACTIONI 109 01 Definitions for purposes of these Procedures shall be as follows Whenever the term "D~rector of Human Resources or designee" or "authorized representative of the Department of Human Resources ~s used, ~t shall mean the D~rector of Human Resources or, upon hm or her absence or act of designation, the Human Resources Specml~st Whenever the term "superwsor" ~s used, ~t shall mean that person to whom an employee reports and who ~s responsible for hmng the employee and adm~nmterlng performance evaluations and dmc~pl~nary actions for that employee Whenever the term "superwsor's manager" ~s used, ~t shall mean that person to whom an employee's superwsor reports II GENERAL CRITERIA TO BE CONSIDERED IN DISCIPLINARY ACTIONS The superwsor may consider the following criteria ~n determining what d~sc[phnary action ~s to be taken 1 Severity and k~nd of offense(s) 2 Impact of the offense{s) on other employees, the C~ty and c~t~zens 3 Employee's length of serwce and work record Period of time s~nce d~scuss~on w~th the employee about a s~m~lar problem or recent d~sclphnary action for the same or s~m~lar problem 5 Past d~sc[phnary actions taken by the C~ty for the same or s~m~lar problem All or a combination of the following d~sc~pl~nar,/measures ma,/be taken depending upon the particular c~rcumstances surrounding the employee's conduct If a supervisor determines that the nature, severity and ~mpact of the employee's action(s) require severe disciplinary action, he or she should thoroughly ~nvest~gate the s~tuatmn, dmcuss ~t with hm or her immediate supervisor and an authorized representattve of Human Resources and obtain approval of hi8 or her Department Director and the D~rector of Human Resources prior to taking any action III RESPONSIBILITY AND AUTHORITY FOR ADMINISTERING DISCIPLINARY ACTIONS Immediate superwsors are responsible for enforcing all C~ty policies and procedures, accomplishing the goals and object~ves of a d~wslon or department and maintaining the work performance, attendance and conduct standards among their employees They are vested w~th the authority to take appropriate d~so~pl~nary action under the d~rections and gu~dehnes set forth ~n these procedures 1 The City Manager, an Executive Director, Department D~rector, d~ws~on manager, or superwsor may 18sue an oral or written reprimand to an employee under hm or her respons~blhty, place an employee on a disciplinary progress period, suspend an employee w~thout pay, or d~sm~ss an employee PAGE 3 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE IContlnued) TITLE I REFERENCE NUMBER DISCIPLINARY ACTIONI 109 01 2 Prior to any d~sc~plinary action being adm~mstered, the supervmor w~ll conduct a thorough exam~nation of the situation before dec~d~ng to take any d~sc~plmary action 3 All proposed d~sc~pl~nary progress per~ods, suspensions or terminations shall be reviewed by the Director of Human Resources or his or her designee prmr to any formal action being taken 4 All d~sc~plinary actions for written reprimands, suspensions, dtsctplmary progress per~ods and terminations will be properly documented, substantmt~ng the actton being taken and cop~es of documents required by this policy will be ~ncluded ~n the department and Human Resources Department files 5 If a serious problem ar~ses endangering the safety, health, or I~fe of the employee, another employee, c~t~zen or if m the judgment of the superwsor, the employee problem ~s unmanageable, a superwsor has authority to proceed ~mmedlately to place the employee on adm~mstrat~ve leave w~th pay The superwsor will Immediately not~fy h~s or her manager and the D~rector of Human Resources or his or her designee Th~s will allow t~me to investigate, determine approprmte action and discuss alternate actions prior to formal action being taken 6 The C~ty Manager shall have authority to d~sc~phne an Executive D~rector, D~rector, or other d~rect reporting subordinate Executive Directors shall have the authority to d~sc~phne a D~rector or other direct reporting subordinate IV EXAMPLES OF PERFORMANCE DEFICITS AND PERSONAL CONDUCT SUBJECT TO DISCIPLINARY ACTION Coaching and informal d~scussions are everyday respons~blhtles performed by supervisors to ensure employees are performing their jobs and conducting themselves m an acceptable manner If a work performance, attendance, or conduct problem ar~ses, the superwsor may coach and ~nformally d~scuss the problem w~th the employee The object~ve ~s to assist the employee ~n recognizing that a problem exists and develop effective solutions to correct the problem Normally, the employee corrects most problems in th~s manner However, when informal d~scuss~ons fall to bring about the approprmte changes ~n the employee's behavior, formal d~sc~phnary action may be taken The following actions are Intended to be descriptive and serve only as a guide to the types of problems for which dmc~phnary action may be approprmte Th~8 listing ~s not ~ntended to be exhaustive or exclusive of the types of conduct for which d~sc~plinary action may be taken A Performance of duties The following are examples relating to unsatmfactory performance of dutms for which d~sc~phnary action may be taken 1 Incompetency ~n the performance of duties The fact that any employee ~s deemed competent at the t~me of employment shall not preclude a judgment of ~ncompetency as the result of apparent unw~lhngness to perform assigned tasks, being absent w~thout leave or demonstrat- ing unnecessary absence from the assigned work area during assigned hours of work Other methods of proof of incompetency shall ~nclude repeated oral and written d~sc~phnary actions PAGE 4 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NUMBER DISCIPLINARY ACTION I 109 01 for minor refractions of pohc~es, rules, regulations, manuals, or d~rect~ves, or repeated oral and written d~sclphnary actions demonstrating the employee's mab~hty to meet performance standards 2 Failure to satmfactonly meet performance standards for the pos~t~on 3 Patterned absentemsm w~thout sufflcmnt medical justification 4 Absence w~thout approved leave 5 Tardiness, as an habitual pattern or failure to report for duty at the assigned time and place 8 V~olatlon of written departmental regulations regarding the performance of dutms 7 Careless, neghgent or ~mproper use of C~ty property or equipment 8 Improper use of leave pr~wleges 9 Discourteous treatment of the pubhc or other employees 10 Neglect or carelessness in the performance of dutms 11 Failure to meet or maintain specified conditions of employment, such as failure to obtain or maintain a hcense or certificate required as a condition for performing a Job 12 Neghgently causing damage to C~ty property 13 Causing or contributing to an accident by operating C~ty equipment in an unsafe or unauthorized manner Personal Conduct The following are examples relating to personal conduct for which d~sc~phnary actmn may be taken The hst ts not ~ntended to be all ~nclus~ve It does describe examples of conduct which management beheves are unacceptable and could jeopardize an employee's continued employment Examples are 1 V~olat~on of harassment pohcy (108 10) 2 Theft of, a~dmg ~n, or encouraging the theft of cash, C~ty property or equipment 3 Destroying C~ty records w~thout author~zatmn 4 Falsifying C~ty records, ~nclud[ng apphcat~on for employment or medical ~nformat~on or other information concerning employment status PAGE 5 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER DISCIPLINARY ACTION 109 01 5 W~llful damage to pubhc property or w~llful waste of pubhc supplies, serwce, or equipment 6 Insubordination the refusal to perform a reasonable, lawful, safe and proper work assignment, duty or task from an authorized superwsor 7 Physical assault committed on the job upon a C~ty employee, member of the pubhc or City official 8 Using an official postt~on or office for economic gain or sohclt~ng favors or gratuities for performing serwces required by the employee's poslt~on 9 D~sclosing ~nformat~on as defined by statute to be confldentml 10 Unauthorized use or possession of C~ty funds 11 Unlawful possession or use of dangerous weapons, such as firearms or knives on the job 12 Using threats against another employee or a member of the pubhc 13 Engaging ~n an,/employment act~wty or enterprise which constitutes a confhct of interest 14 Using C~ty property or equipment w~thout authonzat~on 15 Derehct~on of duty Derehct~on of duty on the part of any employee, detrimental to the proper performance of the functions of the C~ty, ts cause for d~sc~phnary action The following subsections constitute derehct~on of duty (a} Failure of a supervisor to ~mmed~ately take action when a v~olat~on of pol~cms, rules or regulations comes to h~s or her attention, regardless of the superwsor's or wolator's assignment or position ~n the C~ty (b) Failure to observe and g~ve effect to the policies of the employee's department or the C~ty (c) Failure to dehver to the official C~ty custodmn any property found by, confiscated by, or relinquished to employees of the City w~thout undue delay and, m any event, before the work day ~s ended 16 M~eus~ng or fa~l~ng to use delegated authority ~n the performance of duties 17 Using abusive language toward employees or the pubhc 18 Unnecessarily d~srupt~ng the work of other employees 19 Operating or conducting gambhng on the job or on C~ty property PAGE 6 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE {Continued) TITLE I REFERENCE NUMBER DISCIPLINARY ACTIONI 109 01 20 Drinking alcohohc beverages during worktng hours 21 V~olat~ng safety rules or practices which endanger the employee or others or damages C~ty property or equipment 22 Playing tricks or jokes or engaging ~n horseplay on the job 23 Making derogatory racml, age, ethnm or sexmt remarks wh~le on duty 24 Engaging ~n personal business while on duty w~thout authorization of h~s or her superwsor 25 Failure to report damage to C~ty equipment or property of others 26 Approprmt~ng C~ty property, ~ e, equipment, furmture or construction materials which have been abandoned or d~scarded 27 Utihzlng C~ty data or ~nformat~on systems for any reason other than C~ty bus~ness 28 Sleeping on the Job 29 Falsely reporting ~llness or injury, or otherwme attempting to deceive any offlcml of the C~ty as to a health or medmal condition 30 Engaging ~n unbecoming conduct, either on or off duty 31 Employees may be disc~phned, up to and ~nclud~ng dmcharge, for conduct which occurs outside regularly scheduled working hours, ~f such conduct affects the employee's ab~hty to work for the C~ty, or ~f it places the C~ty Council, C~ty Adm~nmtrat~on, or the C~ty's reputation m a negatively wewed position An example which m~ght be considered a negatively wewed position ~s arrest or conviction for a criminal or civ~l offense which jeopardizes the cmzen's trust or confidence ~n an employee's ab~ht¥ to perform h~s or her job duties and respons~b~h- t~es V DISCIPLINARY PROCESS The following dlsc~phnary process outhned below may be apphed to an employee whose performance of duties or personal conduct ts unsatisfactory The policy of progressive dmc~phne shall ~n no way prevent the supervisor from taking approprmte dmc~phnary actmn when the severity of the wolat~on(s) warrants such action The following are ~ntended to be descriptive and serve only as a guide to the types of dmc~phnary responses which may be appropriate Th~s hst~ng ~s not ~ntended to be exhaustive or exclusive PAGE 7 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE |Continued) TITLE REFERENCE NUMBER DISCIPLINARY ACTION 109 01 A Reprimands 1 Oral Reprimand a The supervisor shall dmcuss the s~tuat~on w~th the employee ~n private and make every effort to d~scover the reason(s) for the employee's performance and adwse the employee of the necessary changes ~n his or her behawor to correct the problem b A report concerning the discussion and specific actions and agreements to correct the problem w~ll be prepared by the superwsor for ~nclus~on ~n the employee's department or d~ws~on personnel file c The report w~ll remain m the department or d~vm~on personnel file unless the report ~s needed to substantiate subsequent d~sc~phnary action 2 Written Reprimand a Any supervisor in the employee's chain of command may msue a subordinate employee a written reprimand In the event that the reprimand ~s ~ssued by someone other than the employee's d~rect superwsor, a report of such action shall be made to the d~rect superwsor The written reprimand may be ~ssued when the employee has demonstrated an ~nab~hty to perform h~s or her job duties, or has had more than two absences or minor personal conduct problems An employee who demonstrates s~gmflcant mab~hty to perform hm or her duties or a serious personal conduct probtem may be msued a written reprimand w~thout hawng been ~ssued an oral reprimand or hawng d~scussed the problem w~th his or her superwsor It is recommended that a written reminder or reprimand include the following information 1 The reason for the reprimand, including previous oral reprimands or informal d~scuss~on for the same or other wolat~ons 2 The effective date or dates of the reprimand 3 The spemflc change ~n behawor expected by the supervmor 4 The t~me frame allowed for ~mprovement to occur b A copy of the report shall be forwarded ~mmedmtely to the employee's official file ~n the Human Resources Department, the superwsor's immediate superior and the employee B Disciplinary Progress Period 1 D~fferences m the nature of the work umt, type of work performed, the type of performance problem and the severity of the ~mpact on the organization, may require that d~fferent dlsc~phnary actions be available that are responsive to both the needs of the employees and the needs of the organization PAGE 8 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE I Continued! TITLE REFERENCE NUMBER DISCIPLINARY ACTION 109 01 When the job performance of an employee falls below the acceptable level, superwsors should point out deficiencies to the employee at the t~me they are observed An employee who continues to perform below the acceptable level may be placed on a formal program designed to ~mprove performance The superwsor should communicate thru to the employee orally and by presenting h~m w~th a memorandum including the following a The specific deficiencies observed m the employee's performance of duties b The actions necessary to bring about ~mprovement c The period of time in which improvement must occur d The specific dates and t~mes during this per~od at which the superwsor shall meet w~th the employee and discuss h~s or her progress m ~mprowng h~s or her performance e What further action will result ~f the employee fa~ls to show satisfactory ~mprovement The memorandum should be s~gned by both the employee and the superwsor The employee should understand that h~s or her s~gnature ~nd~cates receipt of the document only, not necessarily acceptance of ~ts contents If the employee refuses to s~gn, the supervisor should have a witness s~gn that a copy was g~ven to the employee The original memorandum shall be mainta~ned w~th~n the department, a copy g~ven to the employee and one placed ~n the employee's permanent personnel file maintained ~n the Human Resources Department If an employee fa~ls to demonstrate the necessary ~mprovement as required ~n the memorandum upon completion of the d~sc~plmary progress per~od, the superwsor may reassign, demote or dismiss the employee If an employee demonstrates sufficient ~mprovement as required ~n the program, the supervisor w~ll d~scuss the ~mprovements w~th the employee and momtor the employee's performance Nothing shall preclude a superwsor from proposing d[sc~phnary action when an employee commits an act of serious personal m~sconduct even though the employee ~s completing a d~smphnary progress per~od Suspension W~thout Pay A superwsor may recommend a suspension w~thout pay for up to 30 days In determining the length of the suspension, the superwsor should constder the nature and severity of the conduct, ~mpact on the orgamzat~on and previous d~sc~plmary actions No d~sc~phnary suspension or combination of suspension w~ll exceed 30 working days ~n a 12-month per~od All proposed suspensions w~thout pay w~ll require the approval of the D~rector of the Human Resources or h~s or her designee Employees classified as exempt under the Fair Labor Standards Act should not be suspended w~thout pay for less than one week PAGE 9 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE {Continued) TITLE I REFERENCE NUMBER DISCIPLINARY ACTIONI 109 01 2 Before an employee ~s suspended, not~ce of the proposed d~sc~phnary action shall be g~ven to the employee The employee may respond to the superwsor proposing the suspension w~thm two (2) working days While the response may be m oral or written form, the superwsor shall ensure that a face-to-face meeting with the employee occurs to rewew the response, gw~ng the employee the opportunity to present facts on h~s or her behalf After such response ~s made, the superwsor shall consider the response and render a written decision to the employee 3 If the employee chooses not to respond, the suspension wdl become effective when the employee signs a waiver form and submits it to his or her supervisor 4 If the employee fads to respond, he or she wdl suspended w~thout pay on the next day following the expiration of two (2) working days from the date of serwce of the not,ce of d~sclplmary action or as soon thereafter as determined convement for the Department by the supervisor and as approved by the D~rector of Human Resources or hm or her designee 5 In the event the employee chooses to respond, and after rewewmg the testimony and evidence presented by the employee, the superwsor decides the proposed suspension remains appropriate, the employee shall be suspended w~thout pay 6 An employee who ~s suspended may request a hearing to rewew the action m accordance with the Disc~plinary Rewew Heanng Pohcy 109 03, even ~f he or she d~d not choose to respond to the proposed action D Dism~ssal 1 A euperwsor may propose that the employee be d~sm~ssed from employment w~th the C~ty of Denton A superwsor proposing a d~sm~ssal must prowde clear, specific and detaded justification for an action of dismissal All d~sm~ssals wdl have the approval of the D~rector of Human Resources All d~sm~ssals wdl afford the employee an opportunity to respond as outlined in these procedures The superwsor wdl prowde documentation of the conduct leading to the recommendation for d~sm~ssal 2 The employee shall be given written not,ce of a proposed dtsm~ssal It shall be sufficient that the not,ce set forth ~n general terms the reasons for the proposed d~sm~ssal The employee may respond to the superwsor proposing the d~sm~ssal w~th~n two (2) working days Whde the response may be in oral or written form, the superwsor shall ensure that a face-to-face meeting with the employee occurs to revmw the response, g~v~ng the employee the opportumty to present facts in h~s or her behalf After such response ~s made, the superwsor shall consider the response and render a written decision to the employee 3 If the employee chooses not to respond, the d~sm~ssal wdl become effective when the employee s~gns a waiver form and submits ~t to his or her superwsor 4 If the employee fads to respond, he will be dmmmsed at the expiration of two (2) work~ng days from the date of serwce of the not,ce of proposed d~sm~ssal PAGE 10 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE ~Contlnued) TITLE REFERENCE NUMBER DISCIPLINARY ACTION 109 01 5 In the event the employee chooses to respond, and after reviewing the testimony and ewdence presented by the employee, the supervisor dec~des the proposed d~sm~ssal remains appropnate, the employee shall be d~sm~ssed 6 An employee who is d~sm~esed may request a hearing to rewew the action ~n accordance with the D~sc~phnary Review Hearing Policy 109 03, even ~f he or she d~d not respond to the proposed action 7 Upon the concurrent approval of the C~ty Manager and C~ty Attorney, after consultation w~th the D~rector of Human Resources, the C~ty Manager may dewate from any or all of these procedures and summardy d~sm~ss any employee at any t~me for any reason or for no reason, w~th or w~thout a hearing VI TEMPORARY, SEASONAL AND PROBATIONARY EMPLOYEES A Except as prowded in Section V of Policy 109 03, a probationary, temporary or seasonal employee may be dlsc~phned or d~sm~ssed for any reason or for no reason w~thout being afforded a hearing CITY OF DENTON PAGE oF E POLICY/ABMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION REFERENCE NUMBER HUMAN RESOURCES 109 03 SUBJECT EFFECTIVE DATE DISCIPLINE AND SEPARATION POLICIES 00/00/96 TITLE REPLACES DISCIPLINARY REVIEW HEARING O4/19/88 POLICY STATEMENT It ~s the pohcy of the C~ty of Denton to g~ve ~nd~wdual employees an opportunity for · hearing regarding dmc~phnary dismissal, d~sc~phnary suspensions or demotions D~sc~phnary rewew hearings are designed to be heard according to prescribed gu~dehnes as Bet forth ~n the following Procedures The d~smphnary rewew hearing process m designed to afford the employee a responsive forum to guard against bmsed or arbitrary decisions, and to prowde a forum for a name clearing heanng, however, nothing ~n thru pohcy shall be construed as a grant to any employee of a property r~ght m tenured pubhc employment All employees are employed strictly on an at-w~ll bas~s Those employees governed by the prows~ons of Chapter 143 of the Texas Local Government Code, the C~ty Manager, C~ty Attorney, Municipal Judge, Assistant Judges, persons employed by a written contract s~gned by the C~ty Manager, probationary, temporary and seasonal employees shall be exempted from the apphcatmn of thru pohcy, unless specifically stated otherwise here~n However, an opportumty for a response and hearing shall be afforded such employees when the conduct charged has been pubhc~zed to the extent that the reputation of the employee m brought ~nto dmpute or the conduct charged constitutes the exerctse of a const~tutmnal r~ght ADMINISTRATIVE PROCEDURES. GENERAL DISCIPLINARY REVIEW HEARING INFORMATION A Since it IS important that dlsclphnary rewew hearings be resolved as rapidly as possible, time hm~ts, as set out ~n the following paragraphs, shall be considered a maximum and every effort shall be made to expedite the process However, the hm~ts may be extended or shortened at any or all steps if both part,es agree ~n writing In the event e~ther party cannot agree, the D~rector of Human Resources shall have the dmcret~on to shorten or extend the t~me hm~ts In the event the last day of a time hm~t falls on a weekend or a C~ty hohday, the t~me hm~t shall include the next working day In all ~natances, consecutive working days w~ll be counted (excluding Saturday, Sunday, and City holidays) ~n arr~wng at the length of the t~me interval Under no c~rcumstances shall any failure to meet any t~me I~m~t affect the vahd~ty or flnahty of event for which a hearing ~s sought B A disc~phnary rewew hearing not responded to within the t~me hm~ts prescribed by the approprmte representative at each step shall be considered a v~olatmn of th~s pohcy for which the representa- tive may be subject to dmmphnary action C All requests for dmc~phnary rewew hearings must be m writing on forms prowded by the Human Resources Department, and must be filed with the Human Resources Department An employee PAGE 2 OF 5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE REFERENCE NUMBER DISCIPLINARY REVIEW HEARING 109 03 shall choose whether he or she desires to pursue an ~nformal formal d~sc~phnary rewew hearing process and shall intimate h~s or her choice on the form All decisions rendered ~n response to dlsclphnary rewew hearings must be ~n writing to the employee, e~ther in memorandum or letter format D An employee who requests a d~sc~phnary review hearing must reform the Human Resources Department m writing of hie or her correct ma~lmg address and telephone number Failure to prowde current ma~l~ng address and telephone ~nformatson may result ~n adm[nmtrat~ve closure of the d~sc~pl~nary rewew hearing E An employee who perceives that he or she has been coerced or forced to resign at any time any investigative action or any administrative action ~s taken or pending may request a disciplinary rewew hearing as prowded for here~n II INFORMAL HEARING PROCESS A An employee who has been demoted, suspended or d~sm~ssed may request an informal hearing to be conducted by the D~rector of the employee's department If the d~rector played a role ~n the d~sciplinary action proposed, the D~rector of Human Resources or Human Resources designee w~ll assign a hearing officer to the ~nformal hearing Thru officer w~ll normally be the director's euperwsor or another director or executive director A d~rector shall be presumed to have played a role m the d~sc~pllnary action ~f he or she 1 Discussed the details of the proposed disciplinary action w~th the employee or any superwsor ~n the chain of command, 2 Approved the d~sciplinary action, or 3 Personally ~mposed the d~sc~phnary action Nothing shall prevent a d~rector from acting as the hearing officer for an employee's hearing if he or she has merely been reformed of the type of d~sc~phnary action tmposed against the employee B The employee must make the request for the ~nformal hearing m wr~ting within 10 days after receiving notification of an action taken The written request must set forth the specific reasons why the employee feels the action ~s not justified C The employee shall waive a formal hearing D A decision w~ll be rendered by the manager hearing the ~nformal hearing and communicated to the employee ~n writing w~th~n 30 days of the employee's request for an ~nformal hearing E The decision of the manager conducting the informal hearing shall be final PAGE 3 OF 5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE REFERENCE NUMBER DISCIPLINARY REVIEW HEARING 109 03 F AS all employees are employed strictly on an at-w~ll bas~s, and no contractual rights are ~mpl~cated, no particular burden of proof need be met to sustain a termination or d~sc~phnary sanction III FORMAL HEARING PROCESS A An employee who has been demoted, suspended or dmm~ssed may request a formal hearing to be conducted by the d~rector of the employee's department If the d~rector played a role m the d~sc~pl~nary action proposed, the D~rector of Human Resources or designee w~ll assign a hearing officer to the formal hearing Th~s officer w~ll normally be the d~rector's superwsor or another d~rector or executive d~rector A director shall be presumed to have played a role ~n the d~sc~phnary action if he or she 1 D~scussed the details of the proposed d~sc~phnary action w~th the employee or an,/ superwsor ~n the chain of command, 2 Approved the d~sc~plinary action, or 3 Personally imposed the d~sc~phnary action Nothing shall prevent a d~rector from acting as the hearing officer for an employee's formal heanng if he or she has merely been informed of the type of dlsc~phnar¥ action ~mposed against the employee B A formal hearing ~s a structured, procedural hearing requ~nng C~ty representatives to present evidence, introduce witnesses, and prove facts to support justification of the action taken against the employee The employee or his or her representative may present ewdence, introduce w~tnesses and prove facts to support that the action ~s unjustified Each party ~s entitled to legal representation The formal heanng will be heard by a hearing officer according to gu~dehnes outlined ~n Section VI C The employee must make the request for the formal hearing to the D~rector of Human Resources In writing w~thin 10 days after receiving notification of an action taken The written request must set forth the specific reasons why the employee feels the action ~s not justified D A decision w~ll be rendered by the designated heanng officer and commumcated to the employee m writing w~th~n 30 days of the employee's request for a heanng E The decision of the designated hearing officer w~ll be final and the employee ~s not entitled to further hearing F As all employees are employed strictly on an at-w~ll basra, and no contractual rights are ~mpl~cated, no particular burden of proof need be met to sustain a termination or dmc~pl~nary sanction PAGE 4 OF POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued! TITLE REFERENCE NUMBER DISCIPLINARY REVIEW HEARING 109 03 IV REMOVAL HEARINGS FOR OFFICERS AND DEPARTMENT HEADS A As an alternative to the procedures otherwme allowed by thru pohcy, officers and department heads may request a hearing in the event of their removal as prowded by Charter B As all employees are employed strictly on an at-w~ll bas~s, no particular burden of proof need be met to susta~n a termination C Officers and department heeds may request a hearing pursuant to the provisions outhned m Sections II and III relating to the ~mpos~tmn of dtsmphnar¥ actions not constituting removal The procedure for such a hearing is outhned ~n Section VI, below V PROBATIONARY, TEMPORARY AND SEASONAL EMPLOYEES A Except as prowded ~n Section B, below, a probationary, temporary or seasonal employee may be suspended w~thout pay, demoted, or dmmmsed w~thout being afforded a dmc~phnary rewew heanng B If the conduct glwng nee to the suspenmon, demotion, or dmm~ssal falls w~thm one of the following categories, dmc~phnary rewew hearing procedures shall be afforded as prowded ~n Sections II or III 1 If the conduct constitutes the exercme of a const~tutmnal right, and ~f the department attempts to take an action against the employee for thru act~wty The department must demonstrate that the exercise of the constitutional right has resulted ~n an ~mpa~rment of the efflcmncy of the C~ty 2 If ~t has been recommended that the empJoyee be suspended, demoted or dmmmsed and the conduct charged has been pubhc~zed to the extent that the good name, reputation, honor, or ~ntegr~ty of the employee ~s brought ~nto dmpute Examples include, but are not hm~ted to, dmhonesW, criminal activity, ~mmoral conduct or incompetency C Among the purposes of affording dlsc~phnary rewew hearings are to permit the temporary or seasonal employee to record for future employment any facts m m~t~gat~on of the alleged conduct, or to refute or rebut pubhc allegations concerning the conduct VI HEARING PROCEDURE FOR FORMAL HEARINGS A Opening Statements 1 Employee g~ves brief summary of reason for appeal 2 Superweor gives brief summary of reason for action B Presentation of Witnesses 1 Witnesses for employer make statements (may be ~n question and answer form or narrative} 2 Hearing Officer asks questions, ~f any, of employer's w~tnesses PAGE 5 OF 5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE REFERENCE NUMBER DISCIPLINARY REVIEW HEARING 109 03 3 W~tnesses for employee make statements (may be m question and answer form or narrative) 4 Hearing Officer asks questions, ~f any of employer's w~tnesses C Closing Statements 1 Employer gives brief summary 2 Employee g~ves brief summary D Other Procedural Guidelines 1 No cross-exam~nat~on of w~tnesses by the opposite party ~s permitted 2 The Hearing Officer w~ll exclude ~rrelevant mater~al 3 The Hearing Officer may ask questions as he/she th~nks necessary 4 The Hearing Officer may call w~tnesses ~f he/she believes necessary 5 Upon conclusion of the hearing, the Hearing Officer shall make a written recommendation to the C~ty Manager The City Manager shall be the final decision-maker 6 All arrangements for hearing shall be coordinated by the Human Resources Department 7 As all employees are employed strictly on an at-w~ll bas~s, and no contractual r~ghts are implicated, no particular burden of proof need be met to sustain a termination or d~sc~pllnary sanction E Appointment of Hearing Officer 1 If employee is below Director level Hearing Officer shall be named by C~ty Manager and should be at D~rector Level or above 2 If employee ~s at D~rector level or above, then the C~ty Manager shall serve as the Hearing Officer In the event that the hearing concerns the employee's removal, the employee may ~nstead request a hearing before the C~ty Council as per Charter Such a hearing before the C~ty Council ~s not constrained by the str~cture of thru pohcy RESOLUTION NO ~ A RESOLUTION AMENDING RESOLUTION NO R96-017 AUTHORIZING THE CREATION OF THE ECONOMIC DEVELOPMENT CORPORATION OF DENTON, INC AS AN INSTRUMENTALITY OF THE CITY OF DENTON, TO MORE CLEARLY EXPRESS THE PURPOSES OF THE ECONOMIC DEVELOPMENT CORPORATION OF DENTON, INC , AND PROVIDING AN EFFECTIVE DATE WHEREAS, three persons who are at least emghteen years old and qualified voters of the City of Denton have f~led and executed as incorporators Artmcles of Incorporation as a written applmcat~on to request the Cmty of Denton to authorize and approve a Sectmon 4A economic development corporatmon under the Development Corporation of 1979 (the "Act") and the Economic Development Transition Com- mittee, composed of seven persons who are at least e~ghteen years old and qualmf~ed voters of the Cmty, has made a written applmca- tmon/recommendatmon to the City Council to authorize and approve the Economic Development Corporatmon of Denton, Inc ("EDC"), and WHEREAS, the C~ty Councml of the Cmty of Denton deems it ~n the public mnterest to amend Section IV of Resolutmon No R96-017 creatmng the EDC to more clearly express the purposes of the EDC, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That Sectmon IV of Resolutmon No R96-017 ~s hereby amended to read as follows That the EDC ms hereby made and established for the publmc purposes of the promotion and development of lndustrial and manufacturmng enterprises to promote and encourage employment and the public welfare, mncludlng the promotmon of local economic development and the stmmulatlon of busmness and commercial actlv~tmes in the cmty, and to take other actmon to promote local economic development ~n accordance w~th Tex Loc Gov't Code §380 001, consistent with the purposes allowed the EDC under Sectmon 4(a) of the Act as a part of the Cmty's programs to promote local economic development and to stimulate busmness and commercial actmvmty in the City ~ That save and except as amended hereby, all the sectmons, sentences, clauses, and paragraphs of Resolution No R96- 017 shall remain mn full force and effect ~ That the City Councml has found and determmned that the meeting at whmch this resolution ms considered ms open to the publmc, and notice thereof was given mn accordance w~th the provmslons of the Texas Open Meetings Law, Tex Gov't Code ch 551 as amended ~ That the findings and recitatIons set out in the preambles to th~s resolution and Resolution No R96-017 are found to be true and correct, and they are hereby adopted by the City Council and made a part of th~s resolution for all purposes ~ That this resolution shall become effective ~mmedlately upon 1ts passage and approval PASSED AND APPROVED this the /~day of ~, 1996 ATTEST, JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM. HERBERT L PROUTY, CITY ATTORNEY /- Page 2 MINUTES AND CERTIFICATION PERTAINING TO PASSAGE OF A RESOLUTION STATE OF TEXAS § COUNTY OF DENTON § CITY OF DENTON § On the 14th day of May, 1996, the City Council of the City of Denton, Texas, convened at 7 00 p m , in a regular meeting and a special called meeting at the regular meeting place thereof, this meeting being open to the public and notice of this meeting, giving the date, place, and subject thereof, having been posted as prescribed by the Texas Revised Civil Statutes Annotated, chapter 551 of the Texas Government Code, as amended, the roll was called of the duly constituted officers and men%hers of the City Council, wh~ch,offlcers and members are as follows Jack Miller, Mayor Eul~ne Brock, Mayor Pro Tem Ronl Beasley, Member of the Council David Blles, Member of the Council Jerry Cott, Member of the Council Jeff Krueger, Member of the Council Carl Young, Member of the Council and all of said persons were present, except Eullne Brock, Mayor Pro Tem, at the meeting, thus constituting a quorum Whereupon, among other business, a written resolution bearing the following caption was introduced A RESOLUTION AMENDING RESOLUTION NO R96-017 AUTHORIZING THE CREATION OF THE ECONOMIC DEVELOPMENT CORPORATION OF DENTON, INC AS AN INSTRUMENTALITY OF TEE CITY OF DENTON, TO MORE CLEARLY EXPRESS THE PURPOSES OF THE ECONOMIC DEVELOPMENT CORPORATION OF DENTON, INC , AND PROVIDING AN EFFECTIVE DATE The resolution, a full, true, and correct copy of which is attached hereto, was read and reviewed by the City Council at the meeting It was moved and seconded that the resolution be finally passed and adopted The Presiding Officer put the motion to a vote of the members of the City Councll, and the resolution was finally passed and adopted by the following vote AYES 6 NOES 0 MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT, and to correctly reflect the duly constituted officers and members of the City Councll of said City, and the attached and following copy of sa~d resolution is hereby certified to be a true and correct copy of an official copy thereof o~lle among the official records of the City, all on this the /~ day of May, 1996 yI I~ER W~TERS SECRETARY OF DENTON, TEXAS Page 2 C \NPDOCS\RE$\~NVEST RES A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING FUNDING FOR ONE (1) JUVENILE/DOMESTIC VIOLENCE INVESTIGATOR AND ASSOCIATED TRAINING AND EQUIPMENT FOR A FAMILY SERVICES UNIT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton is eligible to receive funds from the Criminal Justice Division of the Office of the Governor, State of Texas, and desires to increase the effectiveness of the Denton Police Department's efforts to resolve problems associated with juvenile crime and family violence; 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 Criminal Justice DlVislon of the Office of the Governor, State of Texas, requesting funding for one (1) juve- nile/domestic violence investigator and associated training and equipment to be dedicated to the investigation of criminal offenses involving juveniles and family violence; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That the city of Denton, Texas, certifies that it is eligible to receive a funding allocation from the Criminal Justice Division of the office of the Governor, State of Texas, for one (1) investigator to be used in the investigation of criminal offenses involving juveniles and family v~olence and associated training and equipment; ~ That the city council authorizes and directs the Clty Manager, or his designee, to represent and act on behalf of the city of Denton in applying for and working with the Criminal Justice Division of the Office of the Governor, State of Texas, in regard to such grant application. S T O_~ That the Chief of Police shall forward a copy of this resolution to the Crimlnal Justice Division of the office of the Governor, State of Texas. ~ That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the&~/~-day of ~ , 1996. JA~ILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY C \~PDOCS\RE$\~996ACT! RES 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 1996 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOP- MENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the city of Denton, Texas, as a CDBG entitlement City and a Home participating ]UrlSdiction, has prepared, through a citizen participation process, a program for utilizing its entitlement funds and program income in the approximate amount of $1,646,747; 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 Consolmdated Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ 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 Action Plan and appropriate certifications for entitlement funds under the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended. ST_S_S_S_S_S_S_S_S_~~. That the City Council of the City of Denton, Texas, authorizes the Director of Planning and Development to handle all fiscal and administrative matters related to the application, the Consolidated Plan and the certifications. ~ That the city Secretary is hereby authorized to furnish copies of this resolution to all interested parties. SECTION IV. That this resolutmon shall become effective immediately upon 1ts passage and approval PASSED AND APPROVED this the&~/~ day of ~ , 1996. JACK ~LER, MAYOR ATTEST:' JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM. HERBERT L. PROUTY, CITY ATTORNEY Next Document A RESOLUTION OF THE CITY OF DENTON AMENDING POLICY NO 114 01 "SOLICITATION IN CITY FACILITIES" OF THE PERSONNEL POLICIES AND PROCEDURES MANUAL OF THE CITY OF DENTON TO AUTHORIZE CHARITABLE SOLICITATION BY CITY EMPLOYEES IN UNIFORM AND ON DUTY FOR SOLICITING CONTRIBUTIONS FOR THE UNITED WAY AND FOR THE "FILL-THE- BOOT" CAMPAIGN, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Caty Councal has deemed at an the publac anterest to authorize Caty employees to solacat charatable contrabutaons on duty and an unaform, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That Policy No 114 01 "Sollc~tatlon ~n C~ty Facalltaes" of the Personnel Pollc~es and Procedures Manual of the C~ty of Denton ls hereby amended by adopting the new Policy No 114 01, which as attached hereto and ancorporated by reference here~n SECTION II That save and except as amended hereby, all the rema~nang sentences, paragraphs, sectaons, and clauses of the Personnel Policaes and Procedures Manual of the Caty of Denton shall remaan an full force and effect E T~III That thas ordinance shall become effectave ~mmedaately upon ats passage and approval ~ ~ASSED AND APPROVED thas the /~ day of , 1996 JA~MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY l CITY OF DENTON PAOE OF POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION HUMAN RESOURCES REFEgENCE NUMBER 114 01 Sb~-F. CT SOLICITATION n~rriAL EFFECTIVE DATE 04/02/86 TrrLE SOLICITATION BY CITY EMPLOYEES LAST REVISION DATE 06/18/96 POLICY STATEMENT C~ty offices ~re for the purpose of conducUng C~ty business To facd~tate internal preducUwty, no employee of the C~ty of Denton may engage ~n pOhtlcal acuvlty, sohc~t contributions, sell Uckets, or take orders for any cause or funcUon to another C~ty employee or to a member of the general pubhc wlule on duty or m any public braiding, including coffee rooms and break rooms, or on any pubhc property owned or controlled by the Cay of Denton or on any private property or otherwise, except to sohat charitable contnbuUons for the Umted Way or for the "Fall-the-Boot" Campatgns Employees sohc~tmg charitable contnbuUons for the Umted Way or "Fill-the-Boot" Campaigns, e~ther from other C~ty employees or from the general pubhc, are authorized to sohclt such contnbuUons e~ther on or off the C~ty facfi~Ues on duty and m uniform m accordance w~th any restncuons set forth under SecUon 25-5 "Sohatmg Business or Charitable Contnbutaons" of the Code of Ordinances of the C~ty of Denton, or any other apphcable laws, rules, or regulatmns, and subject to the following restrictions 1 No C~ty employee shall be allowed to sohc~t charitable contnbuUons on duty for more than 24 hours dunng one calendar year 2. No C~ty employee shall be authorized to sohe~t charitable contributions on duty when ~t ~nterferes w~th that employee's regular dutaes or functions 3 In soh¢~t~ng charitable contnbutmns on duty, the C~ty employee w~ll comply w~th all other apphcable sectmns of the Cede of Ordinances of the C~ty of Denton and all other C~ty pohc~es, procedures, and regulataons The C~ty Manager may also grant exceptions to the proh~b~tmn agmnst sohc~tatmn and other actav~Ues hereunder in special c~rcumstanees Exeeptmns may ~nclude collections for employees leawng C~ty employment and employees suffenng personal hardships I POSTING OF ALL ADVERTISEMENTS, ANNOUNCEMENTS, LEAFLETS AND ITEMS No other non-job related announcement or pnnted material may be attached to any window, or building owned by the C~ty of Denton unless approved by the C~ty Manager Announcements and pnnted material must have the approval of the C~ty Manager to be posted on a City bulletin board Specffic techmcal job related material must be approved by the d~ws~on manager All ~tems posted must have a removal date m the lower right-hand comer The pubhc service AAA03A05 PAOE_~_.OF ~ POLICY/ADMINIS~ PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) SOLICITATION BY CITY EMPLOYEES P. EF~P..ENCE NUMBER 1~4 01 bulletin board located m the Library IS exempt from this policy However, users of the pubhc sennce bulletin board must adhere to the gmdehnes estabhshed by the L~brary II DISTRIBUTION OF PRINTED ITEMS TO CITY EMPLOYEES Any pnnted item, t.e, discount coupons, uckets, announcements, etc, to be d~stnbuted to City employees must be coordinated w~th the Dxrector of Human Resources To obtmn approval, a pnnted item must be C~ty-related business, or a specific benefit for City employees due to their employment w~th the C~ty The Human Resources Department wdl determine the method of distributing all approved materials AAA03A05 F \WPDOCS\RES\TI RES RESOLUTION fg --da7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS RECOMMENDING THE CREATION OF A COUNTY DEVELOPMENT DISTRICT BY DENTON COUNTY PURSUANT TO CHAPTER 312, TEXAS TAX CODE RELATING TO APPROXIMATELY 285 67 ACRES WITH THE TEXAS INSTRUMENTS ADDITION, LOT 1, BLOCK 1 OF THE CITY OF DENTON FOR THE PURPOSE OF PROMOTING ECONOMIC DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, a Petition is being submitted to the Denton County Commissioners Court requesting the creation of a County Development District pursuant to the provisions of Chapter 312, Texas Tax Code, as amended, over two (2) tracts of land (a parcel north of Loop 288 consisting of approxlmately 96 091 acres and a parcel south of Loop 288 consistIng of approxlmately 189 583 acres) within the city limits of the City of Denton, and W~EREAS, the C~ty Council of the City of Denton has determined that the creation of the County Development District over the two (2) tracts of land within the City of Denton generally described as Texas Instruments Addition, Lot 1, Block 1, will be beneficial to the economic development of the City of Denton, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ The proposed Denton County Development District No 1 would be beneficial to the economic development of the City of Denton ~ The Denton County Commissioners Court is specifi- cally requested to gave favorable consideration to the creation of the proposed Denton County Development Dzstrmct No 1 wzthzn the boundaries generally described as Texas Instruments Addltzon, Lot 1, Block 1 of the C~ty of Denton ~ That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ~ day of ~ , JA~ MILLER, MAYOR ATTEST JE~IFER W~TERS, CITY SECRETLY APPR AS TO LEG~ FO~ HERBERT L PROUTY, CITY ATTO~EY PAGE 2 E \~PDOCS\RE$\CABLE R RESOLUTION NO. '02 7 A RESOLUTION ESTABLISHING MAXIMUM RATES THAT MARCUS CABLE ASSOCI- ATES, L.L.P. MAY CHARGE ITS DENTON CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT; ESTABLISHING A MAXIMUM HOURLY SERVICE CHARGE; ORDERING REFUNDS; PROVIDING A SEVERABILITY CL4%USE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "City") is the Grantor of a Franchise Ordinance executed on or about November 15, 1988, by and between the City and Sammons Communications, Inc (,,Sammons"), which the City, by ordinance on September 19, 1995, approved the transfer of the Franchise Ordinance along with attached amendments to Marcus Cable Associates, L.L.P. ("Marcus"); and WHEREAS, on May 17, 1994, the City Council passed Resolution No. R94-019 authorizing the regulation of basic service tier rates and related equipment, installation, and service charges of any cable television system operating within the City in accordance with applicable Federal Communications Commission ("FCC") regula- tions; and WHEREAS, the City, pursuant to the Cable Consumer Protection and Competition Act of 1992 (the "Cable Act") and the rules and regulations adopted thereunder by the FCC and other applicable laws, is certified as a franchising authority to regulate the rates for the basic cable service, equipment, and installation rates; and WHEREAS, in accordance with Section 8-136, "Rates", of the Code of Ordinances of the City of Denton, Texas, Marcus filed a petition with the City on or about February 28, 1996 along with FCC Forms 1205 and 1240, in conformance with this section and all applicable laws, requesting an increase in ~ts basic cable service, equipment and installation rates as above described, which the C~ty is certlfied to regulate; and WHEREAS, the City retained a consultant to review the adjusted rates proposed by Marcus in its FCC Forms 1205 and 1240 filings; and WHEREAS, pursuant to the consultant's review of Marcus's FCC Form 1205 and 1240 filings, Marcus has filed a revised FCC Form 1205 lowering 1ts equipment and installation rates; and WHEREAS, the City held a public hearing in conformance with Section 8-136 of the Code of Ordinances of the City of Denton on June 18, 1996, after all Interested c~tlzens had been properly notified in accordance with the law, and all interested members of the public had an opportunity to be heard; and WHEREAS, as local regulator of rates for the basic service tier the city may choose to make a rate ruling on the proposed rates submitted by Marcus to be charged to subscribers of the basic service tier; and WHEREAS, the consultant and City have reviewed and determined that Marcus' adjusted rates reflected in ~ts FCC Form 1240 and revised FCC Form 1205 are justified under FCC rules and regulatlons and the City Council desires to make a rate ruling adoptlng these revised rates; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. F~ndings: (1) The Clty is the Grantor of a Franchise Ordinance executed on or about November 15, 1988, by and between the City and Sammons. (2) This Franchise Ordinance, as amended, was transferred to Marcus, in accordance with the terms and conditions of that ordinance on or about September 19, 1995. (3) In accordance with the applicable provisions of the Cable Act, the rules adopted by the FCC, chapter 8 of the Code of Ordinances of the C~ty of Denton, Resolution No. R94-019, and other applicable laws, the C~ty has undertaken all appropriate procedural steps to regulate the basic cable service t~er and related equipment. (4) In accordance with the applicable FCC regulations, on or about January 7, 1994, the City filed FCC Form 328 - Certification of Franchising Authority to Regulate Basic Cable Service Rates and Initial Finding of Lack of Effective Competition - with the FCC. (5) In accordance with applicable FCC regulations, on or about May 17, 1994, the city passed and adopted a resolution providing for the regulation of rates charged by cable television operators within the Clty for the basic service tier and related equipment and lnstallation charges. (6) On or about February 28, 1996, Marcus submitted FCC Form 1205 and Form 1240 to the City. (7) The City, along with a consortium of other cities, engaged the service of Varnum, Rldderlng, Schmldt & Howlett and the consulting firm of Public Knowledge ~n order to provide assistance to the city for the review of Marcus' FCC Form 1240 and 1205 Series. (8) Pursuant to FCC regulations and applicable law, on or about June 18, 1996, the City held a public hearing and gave the public adequate opportunity to comment on the proposed rate Page 2 request. Prior to the public hearing, the City regularly conducted meetings which were open to the public, in accordance with the Texas Open Meetings Act, chapter 551 of the Texas Government Code, and provided an opportunity for interested parties to present information to the Clty during the meeting of June 18, 1996, or at prlor public meetlngs. (9) On or before May 23, 1996, the City received a recommen- dation from its consultants, Varnum, Ridder~ng, Schm~dt & Howlett and Public Knowledge, w~th regard to the recommended rate increase. (10) The City must act upon the pending rate request consistent with current FCC rules and regulations and other applicable laws. C~. Conclusions: (1) That for the period beginning June 1, 1996 untll May 31, 1997, Marcus' request for cable rate approval for the maximum permitted rate for basic cable service (these numbers do include the 5% franchise fee) of $10.26 per month, as reflected in Form 1240 f~led with the city, which ~s attached hereto and made a part of this resolution, is granted and approved. (2) That for the per~od beginning June 1, 1996 untll May 31, 1997, Marcus' request for cable rate approval for the maximum permitted charge for installation and hourly service (these numbers do ~nclude the 5% franchise fee) of $42.72, as reflected in Form 1205, which is attached hereto and made a part of this resolutlon, is granted and approved. (3) For the period beginning June 1, 1996 until May 31, 1997, Marcus' request for the maximum fee for leased customer equipment of: remote control - $0.13, non-addressable converter - $1.06, and addresmable converter - $2.55, as reflected in Form 1205, which is attached hereto and made a part of this resolution, ~s granted and approved. ~ Incorporation of Findings and Conclusions. That the Findings and Conclusions set forth in Sectlon I and II of this resolution are found to be true and correct and are made a part of this resolution for all purposes. ~ Orders for Action. Based on the foregoing Findings and Conclusions, the Clty Council hereby enters the fol- lowing orders adopting the rates reflected ~n Forms 1240 and 1205: (1) Pursuant to current FCC regulations and applicable law, for the period commencing June 1, 1996 until May 31, 1997, or until further order of the City, Marcus will be permitted to charge an initial rate for the basic cable service of $10.26 per month (these numbers do include the 5% franchise fee). Page 3 (2) Pursuant to current FCC regulations and applicable law, for the period commencing June 1, 1996 until May 31, 1997, or until further order of the City, Marcus will be permitted to charge the following equipment and installation rates (these numbers do include the 5% franchise fee): EaulDment & Installation MaxlmumPermltted Rate Hourly Service Charge $42.72 EauiDment Charaes Remote Control $0.13 Converter (Addressable) $2.55 converter (Non-Addressable) $1 06 (3) That Marcus shall within ninety (90) days from the date of this resolution refund to it's subscribers within the City the amounts, if any, which Marcus received from such subscribers after June 1, 1996, for equipment or service described herein and on this revised Form 1205 at rates which are in excess of the rates set forth of the revised Form. Such refunds may be a one time credit on an access basis to all persons then taking basic service. (4) This resolution shall not be reconsidered should any further analysis pursuant to future FCC rules and regulations result in or indicate higher rates to subscrIbers, unless such future FCC rules and regulations mandate that the C~ty order such an upward adjustment. (5) The City Manager and the City Attorney, or their designees, are hereby authorized and directed to take action necessary to enforce the orders contained in this resolution, including, without limitation, to execute and file with the FCC such certification form documents or other instruments or take any other actions as are now or hereafter may be required by the FCC rate regulations or applicable laws to enforce the rate ruling set forth herein, to defend this rate ruling in any appeal to the FCC, administrative proceeding or litigation involving this matter. (6) That the City Secretary is hereby directed to send a certified copy of this resolution to Marcus SECTION V, That if any section, subsection, paragraph, sentence, clause, phrase or word in this resolution, or application 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 C~ty Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. Page 4 SECTION VI. That the City Councll has found and determined that thm meeting at which this resolution is considered is open to the public and that notice thereof was given in accordance with the provisions of the Texas Open Meetings Law, Tex. Gov't Code ch. 551, as amended. SECTION VI~, That this resolution shall become effective Immediately upon its passage and approval PASSED AND APPROVED this the~/~day of~ , 1996. JACK~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 5 Federal Commumcatio~s Commission Approved by Oiv~ 3060 06g$ Washington, DC 205~4 FILING DATE FOR THIS FORM UPDATING MAXIMUM PEILMITrED RATES FOR REGULATED CABLE SERVICES Cable Operator Marcus Cable Assoelateel L P Mailing Address Of Cable Operator 2911 Turtle Cre~k Boulevard~ Suti~ 1300 75209 City [~t~ ZIP Code Da as YES NO 1 Does this filing involve a single franchise authority and a alngle community unit? [ X I I If yes complete tho frenothas authority thfonnatton below I I and enter the associated CUID number here ] TXOSS0 ] YES NO 2 Does this filing involve a single franchise authority but multiple community units? [ I X I If yes enter the associated CUIDs below end complete tho fl'enchtso enthonty reformation at the bottom of this page ' 3 Doe~ this filing Involve mnlflple frnncblee nuthoritias? If y~s attach a s~pmgt~ shoet for ench flanalfl~e eathonty end include the fofiowm8 fi-enChlSe enthonty reformation with its ~soc~Ied CUID(s) Franchise Authority Information qame of Local Frenehlsing Authonty Denton & Shad}, Shores! Cit~ of 115 E McKinn~y a Original Form 1240 for Baslo Tier X b Amended Form 1240 for Basic Tier d Amended Form 1240 for CPS Tier g Indicate the one year time period for which you are setting rates (the Projected Period) L 06/01/96 ~. 05/31D7 J (mm/yy) TO 6 Indicate the time period for which you are performing a true-up t 07/01D5 J. 02/28/96 ] (mm/yy) b Has an FCC Form 1240 been filed prewously with the FCC? X If y~, enter the date of the most recent filing [ J (mm/dd/yy) ¢ Has an FCC Form 1240 been filed prewoualy with the Frenehtsmg Authonty? If yas enter the date of the most recent filing [ J (mm]dd/yy) 8 Status of Previous Filing of FCC Form 1210 (enter an "x" in the appropriate box) a Has an FCC Form 1210 been pre-aoualy filed with the FCC? [ .~ X J Ifyes, enterthedai~ofthemostreoentfflmg [ I (mm/dd/yy) Federal Communications Commission Approved by OM~ 3060 0685 b Has an FCC Form 1210 been pre~ously filed w~th the Franch/sing Authority? Ifyes enlertheda~ofthemostrecentfilmg [ 04/21/95 [ (mm/dd/yy) 9 Status of FCC Form 1200 l~lling (eater an 'x" in the appropriate box) a Has an FCC Form 1200 been previously fried with the FCC? If yes enter the date fil~d I [ (mm/dd~y) b Has an FCC Form 1200 been previously filed v~th tile Frandusmg Authority? [ X If yes anler the date filed [ 08/14/94 [ (mm/dd/yy) 10 Cable Programming Services Complaint Status (enter an 'x' in the appropriate box) a ls th~s form being filed in respotme to an FCC Form 929 complaint? Ifye~, miter the date of the complaint [ ] (mm/dd/yy) [~Ch¢¢k here If you are using the ongmal rules [MARKUP Mt~THOD] [~Check here if you are usm8 the new, alternative rules [CAPS METHOD] ch asaddeddurmsthop. odMsy 1994to o 19 47 ~Check here if you are a qualifying small system usm~ the stranmlmed headand upgrade methodology Part I: Preliminary Information Module A: Maximum Permitted Rate From Prewous Fflmg Module B. Sub~er~bersh~p Modul~ C' Inflation Iuformattoa FCC Form 1240 Page 2 January 1996 Federal Communications Commission Approved by OMB 3060 0685 Washington, DC 20554 Module D: Calculating the Base Rate a b c d e ~n~ Line Description Basic Tier 2 Tier 3 Tier 4 Tier S DI Current Headend Up,rede Segment $0 0000 D3 Current Caps Meth~xl Segment $0 0000 D8 Base Rate IA1 DI D2-D3 I)4 DS Purl II: True-Up Period Module E: Timing Information L~ Line Description E1 HowlonglstheTrue-UpPenod?("l"for"Lessthanorequaltol2months"orflrsttlmefllers "2"for"Greaterthanl2months") I I 1 E4 Number of Months in tho s~ood part of the Tree*Up Period Ellgtblo for Interest n/a Module F. Maximum Permitted Rate For True-Up Period 1 ~ Line Description Basle Tier 2 Tier 3 Tier 4 Tier 5 q Caps Method Segment For Tree*Up Period I [Wks 2] $0 0000 ~3 Cben Mramt Deleth Segment For True*Up Period I [Wbe' 4/5] $0 0000 :5 Inflatton Segment for Tree Up Period I [(F4*CI)-F4] $0 1742 Module G. Maximum Permitted Rnte For True-Up Period [~11~ Line I}eserlptthn Basic Tier 2 Tier 3 Tier 4 Tier 5 3! Caps Method Segl(tent For Tree*Up Period 2 t'Wks 35 Inflation Segment for True*Up Period 2 [(O4'C2)*O4] :~7 External Costs Sel~tment For True Up Period 2 59 Max perm Rate for True*Up Period 2 [O4+05+G6+07+O8] FCC Form 1240 Page 3 January 1996 Federal Communicatlqns Commission Approved by OMB 3060 0685 Module H* True-Up Adjustment Calculation L~9 Line D~ptlon Baste Tier 2 Tier 3 Tier 4 Tier 5 ~d~us~ent For T~Up PerJ~ 1 ~ Revenue From ~ P~[~ ~ ~r Pefl~ 1 $1,226 537 51 H3 Tin. Up P~nod I ~t ~ H1] $18~89 03 H4 ln~st on Pen~ ~ ~ent S1~ 1~ H6 R~en~ Fwm ~ P~ ~ for Pm~ 2 ~i~ble For h~st H7 Penod 2 A~us~t ~l~ble For ~ ~6 ~] H8 Interest on Penod 2 ~m (S~ i~flo~ for fo~a) Hll Pen~ 2 ~us~o~t ~l/~blo For h~st ~I~Hg] Total Tru~Up Adjustment HI2 Pre~ous Remai~ T~Up ~m~mt HI3 To~TmeUpA~mt~+H~HT+H8+HII+HI2] $1961521 HI4 ~ount of Tree Ub ~i~ C~im~ T~s P~J~ ~ P~ $19,615 21 H15 RemnmmgTm~U~om~l~ HI4] $000 III: Projected Period Module I: New Maximum Pertained ~te ~np Line ~erlpflon Basic Tier 2 Tier 3 ~er 4 Tier 5 Caps Mo~od So.em For Pmj~ Pm~ ~ 2] $0 0~0 2 ~up M~ S~ent For ~j~ Ped~ [~ 3] $0 ~00 3 C~ M~t ~1~ Se~ent For ~j~d Pm~ ~ 4/5] ~ ~ 4 Pmj period ~ ~H~ble For ~on ~8+F5+05+I1+~+~] $9~ 6 H~de~ Up.de ~mt For ~J~ P~ [~ 6] 7 Ext~al ~n~ Se~t For ~j~ P~od ~ ~ $0 4029 9 M~ Pe~tR~ ~ for P~je~ Pen~ ~4+I5+I~I7+I8] $9 7651 [10 O~mtor SeI~ ~ For ~J~ PeflM $9 77 Note Themaxlmum~mrtn~tte.drat~flgur~sd~n~tta~lnt~acc~untanyrafundl~abl~tyy~umayhave lfyouhavepreviouslybe~norderedbyth~Commlsslon oryourlacal franchising authority to mal~ r~funch, you ara not ralleved af your obligation to mal~ such refund~ ~ven if the p~rmttted rate ls higher than th~ contested rate or your current Certification Statement WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT U S CODE TITLE 18, SECTION 1001), AND/OR FORFEITURE (U S CODE, TITLE 47 SECTION 503) Telephone numb~ Fax Number (214) S21-7898 ! (214) S22-2946 FCC Form 1240 Pag~ 4 Janunvj 1996 Approved By OMB 3060 0685 Worksheet 1 - True-Up Period Inflation of Insttuotions For FCC Form 1240 Ported 1, in month~? Period 2, in months? Line Period FCC Inflation Factor 101 Month 1 2 96% 102 Mon~ 2 2 96% 103 Month 3 2 96% 104 Month 4 2 96% 105 Month 5 2 96% 106 Month 6 2 96% 107 Month 7 2 96% tO8 Month 8 2 96% L09 Month 9 ~10 Month 10 ~11 Month 11 k12 Month 12 113 ~.vor~o ll~fl~i.o~ Factor for line up ~enoa i I 0197 [14 Month lg [ 15 Month 14 [16 Month 15 117 Month 16 Ilg Month 17 119 Month 18 [20 Month 19 121 Month 20 [22 Month 21 123 Month 22 124 Month 23 125 Month 24 126 {~r~eer~ ~r~o~ Factor for FCC Form 1240 January 1996 Federal Communications Commission Approved By OMB 3060 0685 Washington, DC 20554 Worksheet 3 - Markup Method True-Up Period, Basic Tier For instructions, see Appendix A of Instructions For FCC Form 1240 TruePeriod Up Projected Period Question 1 Indicate the period for which this worksheet is being used (Put an "X" in the appropriate box) X Question 2 Indicate tho tier for whseh thts worksheet Is being used (Put an "X" in the appropriate box ) Qeest~on 4 How long ils the second period, m months, for which rates ar~ being set with th~s worksheet? 0 I 2 3 4 5 6 7 Sum of Previous Sum of Current Average Per Channel Channels Total Cumulative Line Period Regulated Regulated Channels Adjustment Added Adjustment Adjustment Channels Channel Prevtous $0 00 ~01 Month ;02 July 56 56 g6 0 $0 01 0 $0 00 $0 00 ~03 August 56 56 56 0 $0 01 0 $0 00 $0 00 ;04 September S6 56 $6 0 $0 Ol 0 $0 00 $0 00 ~05 October 56 56 56 0 $0 01 0 S0 00 S0 00 106 November 56 56 56 0 $0 01 0 $0 00 $0 00 107 December 56 56 56 0 $0 01 0 $0 00 $0 00 108 January 56 56 56 0 $0 01 0 $0 00 $0 00 ;09 February 56 56 56 0 $0 01 0 $0 00 $0 00 ; 10 Month 9 ; 11 Month 10 t 12 Month l 1 i13 Month 12 t14 Avers e Feriod 1Marku M~thod Ad ustmant $0 000.~....,.~,0 I15 Month 13 ' t16 Month 14 317 Month 15 318 Month 16 t19 Month 17 t20 Month 15 521 Month 19 I22 Month 20 323 Month 21 324 Month 22 325 Month 23 326 Month 24 327 Average Pqnod 2 C~ps Method Ad~!sm~t FCC Form 1240 Page I January 1996 Federal Commumeatlons Commlsston Approved By OMB 3060 0685 Wasinngton, DC 20554 Worksheet 3 - Markup Method Projected Period, Basic Tier For instructions see Appendix A of Iustmotions For FCC Form 1240 True-Up Question I Indicate tho period for whloh this workshant is being used (Put an "X" m the appropriate box ) Period Proje~.~,-,~ Period Question 2 lnd~¢ale the tier for which this worksheet is being used (Put an "X" m the appmprmt~ box ) Questwn 4 How long is the secn~nd period, in months, for whloh rates are being set w~th this worksheet? n/a I 2 3 4 5 6 7 Sum of Previous Sum of Current Average Per Channel Channels Total Cumulative Dine Period Regulated Regulated Channels Adjustment Added Adjustment Adjustment Channels Channel 102 June $6 56 $6 0 $0 01 0 $0 00 $0 00 103 July 56 56 $6 0 $0 01 0 $0 00 $0 00 t04 August 56 56 $6 0 $0 01 0 $0 00 $0 00 ½05 September 56 56 $6 0 $0 01 0 $0 00 $0 00 t06 Ootober 56 56 $6 0 $0 01 0 $0 00 $0 00 t07 November 56 56 $6 0 $0 01 0 SO 00 $0 00 t08 December 56 56 $6 0 $00l 0 $0 O0 $0 00 t09 January 56 56 86 0 $00l 0 $0 O0 $0 00 110 February 56 56 56 0 $0 O1 0 $0 O0 $0 00 t I 1 Mmch 56 56 $6 0 $0 O1 0 $0 O0 $0 00 t 12 Aprd 56 56 fl6 0 $0 01 0 S0 00 $0 00 113 May 56 56 $6 0 $0 01 0 $0 O0 S0 O0 FCC Form 1240 Page 1 January 1996 Federal Communications Commission Approved By OMB 3060 0685 Washington, DC 20554 TABLE A NON-EXTERNAL COST ADJUSTMENT FOR. CHANOES 1~ CHANNELS Average Channels A~lustment Fwm To er channel 7 50 52 75 75 5045 8 50 40 85 85 5036 9 50 33 ~5 95 5029 10 10 50 27 105 105 $024 11 11 $022 11 5 11 5 $020 12 12 $0 19 12 5 12 5 $0 17 13 13 $0 16 13 5 13 5 $0 15 14 14 $0 14 14 5 14 5 $0 13 15 15 5 $0 12 16 16 $0 11 16 5 17 ;0 10 17 5 18 :0 09 18 5 19 $0 08 19 5 21 5 $0 07 22 23 5 ,0 06 24 26 $0 05 26 5 29 5 i0 ~4 30 35 5 $0 03 36 46 i0 02 46 5 99 $00l FCC Form 1240 Page 2 January 1996 Federal Commumcatsons Commtss~on Approved By OMB 3060 0685 Washington DC 20554 Worksheet 4 - Residual True-Up Period For instructions, sea Appand~x A of lustmetions For FCC Form 1240 Qusst~on 1 lnd~aata the period for which th~s worksh~t is being used (Put an "X" m the appropriate box ) Tree U~ Period Projected Period a b c d e I Line Line Description Basle Tier 2 Tier 3 Tier 4 Tier $ Period One ~.01 Average Permitted Chargu $9 2400 402 Average External Costs S0 3801 403 Average Totel Per Chananl Adjustments aftsr 5/14/94 $0 0000 for Channels Added Usin~ Caps Method 404 Average Tier R~sldual [401-402-403] S8 8599 405 Average Channels per Regulated T~er 23 000£ 406 Average Caps Method Channels par Tlar 6000C 407 Average Remlunmg Channels [405-406] 17 000g 408 Average Period 1 Per Channel Residual [404/407] $05212 Period Two 409 Average PormRted Charge 410 Average External Costs 411 Average Total Per Channel A~justments after 5/14/94 for Channels Added Usm~ Caps Method 412 Avarage Tlar Residual [409-410-411 ] 413 Average (]hananls per Regulated T~er 414 Average Caps Method Channels per T~er 415 Average Remmnlng Channels [413-414] 416 Averagu Period 2 Per Channel Residual [412/415] FCC Form 1240 Page ! January 1996 Federal Commumce~ons Commlsmon Approved By OMB 3060 0695 Washington, DC 20554 Worksheet 4 - Residual Projected Period Question I IndiCate the p~rlod for which this worksheet is being used (Put an "X" m ~he approprmtc box ) True-Up Period Project~ Period I a b c d e Line Line Description Basle Tier 2 Tier 3 Tier 4 Tier Period One 401 Average Pm'mired Charge $9 2000 402 Average F. Ottemal Cost~ $0 4029 403 Average Total Per Chananl A~ustrnent~ after S/14/94 $00000 for Channels Added Us~nI Caps Method 404 Average Tier Residual [401-402,403] $87971 405 Average Channels p~r R~gulatod Tier 23 000( 406 Average Caps Method Channels p~r Tier 6000( 407 Average P~mmmng Channels [405-406] 17 000( 408 Average Per tod 1 Per Channel Res~dunl [404/407] $05175 FCC Form 1240 Page 2 January 1996 Federal Communica~on~ Commission Approved By OMB 3060 0685 W~shmgton, DC 20554 Worksheet 5 - Channel Movement and Deletion True-Up Period, Basic Tier For instructions see Appendix A oflustmettons For FCC Form 1240 Question 1 In&cate the period for which this worksheet ~s being used (Put an "X" in the appropriate box ) True Up Period [ ProJected Ported X Questmn 2 In&cate tho tier for which this worksheet is being used (Put an "X" in the appropriate box ) Questmn 3 How long is tho first period, in months, for which rates are being set w~th this worksheet? I 8 Quesuon 4 How long is tho second period m months for which rates are bcmg set with thts worksheet?I 0 1 2 $ 4 Net Per-Channel Cost Residual of Channels Deleted Residual of Channels Moved Cumulative Net Per- Dine Period Adjustment [Column 2 - From Tier (added) to Tier Column 1] Channel Cost Adjustment i01 Prewous Period S0 0000 i02 July $0 0000 $0 0000 $0 0000 $0 0000 i03 August $0 0000 $0 0000 $0 0000 $0 0000 i04 September $0 0000 $0 0000 $0 0000 $0 0000 i05 October $0 0000 $0 0000 $0 0000 $0 0000 i06 November $0 0000 $0 0000 $0 0000 $0 0000 ~07 December $0 0000 $0 0000 $0 0000 $0 0000 i08 January $0 0000 $0 0000 $0 0000 $0 0000 i09 Fcbmmy $0 0000 $0 0000 $0 0000 $0 0000 il0 Month 9 il I Month 10 i12 Month 11 i13 Month 12 i 14 Avera[e Period 1 Channel Movement and Deletion Adlnntmant $0 0000 i15 Month 13 i16 Month 14 i17 Month 15 i18 Month 16 i19 Month 17 520 Month 18 i21 Month 19 522 Month 20 523 Month 21 524 Month 22 i25 Month 23 i26 Month 24 i27 Average Period 2 ~hannal Mo¥~i~i~u; and Deletion Adl na*msnt FCC Form 1240 Page 1 Janua~ 1996 Federal Commumcations Commisston Approved By OMB 3060 0685 Washington, DC 20554 Worksheet 5 - Channel Movement and Deletion Projected Period, Basic Tier For instructions, sec Appendix A of Instrucflous For FCC Form 1240 Question 1 Indicate the period for which this worksheet is bemg used (Put an "X" in the appropriate box ) Question 2 Indicate the tier for which this worksheet ~s being used (Put an "X" in the appropriate box ) X ~ Question 3 How long is the first period, in months, for which rates are being set w~th th~s worksheet? 12 Question 4 How long is the second l~riod, in months, for whloh rates are being set with this worksheet? n/n I 2 3 4 Net Per-Channel Cost Residual of Channels Deleted Residual of Channels Moved Cumulative Net Per Channel Line Period From Tier (added) to Tier Adjustment [Column 2 - Column 1] Cost Adjustment 501 Pmwous Period $0 0000 502 June $0 O000 S0 0000 $0 0000 $0 0000 503 July $0 0000 $0 0000 $0 0000 $0 0000 504 August $0 0000 $0 0000 $0 0000 $0 0000 505 September $0 0000 $0 0000 $0 0000 $0 0000 506 October $0 0000 $0 0000 $0 0000 S0 0000 507 November $0 0000 $0 0000 $O 0000 S0 0000 508 December $0 0000 $0 0000 $0 0000 $0 0000 509 January $0 0000 $0 0000 $0 0000 $0 0000 510 Febtumy $0 0000 $0 0000 $0 0000 $0 0000 511 March $0 0000 $0 0000 $0 0000 $0 0000 512 April $0 0000 $0 0000 $0 0000 $0 0000 513 May $0 000~ $0 0000 $0 0000 $0 O000 514 Avera ePeriod 1 Channel Movement and Deletion A ustment $0 0000 FCC Form 1240 Page 1 January 1996 Federal Commumca~lons Commmion Approved By OMB 3060 0685 Washington, DC 20554 Worksheet 7 - External Costs True-Up Period For instructions, see Appendix A of Instmatlons For FCC Form 1240 Question 1 For which time paflod al~ you filling out this worksheet? [Put an "X" m the appropriate box ] X Question 2 How long is tho first period, in months, for which rates a~ being set with this worksheet? I Question 3 How long is the seoond period, in months, for which rates are being set with this worksheet?] 0 . b c d e Line Line Description Basle Tier 2 Tier 3 Tier 4 Tier Period 1 External Costs Eltl~ible for Markup Cost of Programming ~or Channels Added Prior 701 to 5/15/94 or Afier 5/15/94 Using Markup Method For Period $23,855 7( 702 Retransmlsslon Consent Fees For Period $0 0( 703 Copyright Fees For P0tiod $22,3'/1 6~ 704 External Costs Ehgibl~ For 7 5% Markup $46~227 3~ 705 Marked Up External Costs $49,694 4223 External Costs Not Elijgible for Markup 706 Cable Specific Taxes For Period $0 0( 707 FraneMse Related CoSta For Period $0 0( 708 Commission RegulatOry Fees For Period $0 0( 709 Total External Costs For Period $49,694 4223 710 ~,l~not~l~, Per SubscrlberExtemaICostsFor $03801 Period 2 External Costs Eligible for Markup Cost of Programming{For Channels Added Prior 711 tO 5115/94 or After 5115/94 Using Markup $0 0( Method For Period 712 Retransmlssion Consent Fees For Period $0 0( 713 Copyright Fees For P~rlod $00( 714 External Costs ElJgibl~ For 7 5% Markup $0 0( 715 Marked Up External ~oste $0 0000 External Costs Not Eligible for Markup 716 Cable Specific Taxes For Period $0 0( 717 Franchise Related Co~t$ For Period $0 0{ 718 Commission RegulatOry Fees For Period $0 0{ 719 Total External Costa l~or Period S0,0000 720 ~4eOrlnot~ll¥, Per Subscriber External Costs For FCC Form 1240 Page 1 Janumy 1996 Federal Communications Commission Approved By OMB 3060 0685 W~shmgton, DC 20554 Worksheet 7 - External Costs Projected Period For instructions see Appendix A of Instructions For FCC Form 1240 I Tree-Up Period I ProJected Period Questaon 1 For whach time period ara you filling out this worksheet? [Put an "X" in tho appropriate box ] X Question 2 How long is the first period, in months, for whioh ra~s are balng set with th,s worksheet? ] 12 Question 3 How long is the second period, in months, for which rates are being set with this worksheet? n/a Line Line Description Basle Tier 2 Tier 3 Tier 4 Tier 5 Period 1 External Costs Eligible for Markup Cost of ?rogrnmmmg For Channels Added Prior 70I to $/I $/94 or Afier 5/15P)4 Using Markup Method For Period $41,654 6~. 702 P, etransmissmn Consent Fees For Period $0 0( 703 Copyright Fees For Period $35,529 0{ 704 External Costs Eligible For 7 5% Markup $77,183 ?l 705 Marked Up External Costs $82,972 4757 External Costs Not Eligible for Markup 706 Cable Specific Taxes For Period $0 01 707 Franchise Related Costs For Period $0 0( 708 Comm~ssion Regulatory Fees For Period $0 0( 709 Total External Costs For Period $82,972 47~7 710 Monthly. Per Subscribes External Costs For rrojecte~l Penoa , $0 4029 FCC Form 1240 Page 2 January 1996 Federal CommumcaUons Comm~ssm Approved By OMB 3060-06g$ Washington, DC: 20554 Worksheet 8 - True-Up Rate Charged For instructions, se~ Appendix A of Instructions For FCC Form 1240 Question I How long is the Tree-Up Period 1, m months? I 8 Question 2 How long is the Tmc Up Ported 2, in months?I 0 a b c d e Lille Description Basic Tier 2 Tier $ Tier 4 Tier Ltne 801 July $9 2400 g02 August $9 2400 803 September $9 2400 804 October $9 2400 805 November $9 2400 806 December $9 2400 807 January $9 2400 808 February $9 2400 809 Month 9 810 Month 10 811 Month 11 812 Month 12 813 Per~od 1 Average Rate $9 2400 814 Month 13 815 Month 14 816 Month 15 817 Month 16 818 Month 17 819 Month lg 820 Month 19 821 Month 20 822 Month 21 823 Month 22 824 Month 23 825 Month 24 826 Period 2 Average Rate FCC Form 1240 Page 1 January 1996 Federal CommunlcsUons Commlsslo~ Washington O C 20554 Approved by OMB 30~0 0592 Expires 4/30/97 2 Enter t he date off wh,ch you cloaed your booka for the fiscal year reflected m th~ form [ 12/31/95 ](mm/ddJy) ) Page 1 Lotus 5 0 W~n FCC From 1205 May 1094 Federal Commumcatlons Commlsslorl Waahlngton D C 20554 Approved by OMB 3(~0 0592 Expires 4/30197 O~ND TOTAL {sum o~ Lln~ K,~OOSI ~[~.~1 Page 2 Lotua 5 0 W~ FCC From 1205 May 1994 Federal COl~lmunlc~on$ Commission Washingtor* D C 20554 Approved by OMB 3~0 9592 Expires 4/30197 Page $ LO~S 5 0 Win FCC From 1205 May 1994 Page 4 Lotus 5 0 V~n FCC From 1205 May 1994 FederaICommumcahon COmmlSalOll Washington D C 20554 Approved by OMB 3(~0 0592 Expires 4/30197 Page 5 Lotus $ 0 W~n FCC From 1205 May 1994 Page 6 Lotus 5 0 Win FCC From 12[35 May 1994 Ne ' xt Document J \~PDOCS\RES\ASSTJUDG RES A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING DAVID GARCIA, KIM CAWLEY, AND EARLEAN MURPHY AS ASSISTANT CITY JUDGES FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR THEIR TERMS OF OFFICE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the City Council to appoint Assistant city Judges to handle the judicial functions of the Municipal Court of Record in the absence of the City Judge; and WHEREAS, Ordinance Number 94-014, adopted pursuant to TEX. GOV'T CODE §30.982 (Vernon Supp. 1996) provides that the governing body of the City shall appoint assistant ]udges as ~t deems necessary; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That David Garcla zs hereby appointed as an Assistant C~ty Judge of the Munlclpal Court of Record of the City of Denton, Texas for a one-year term of office to commence July 15, 1996 and terminate at mzdnight July 14, 1997. SECTION II. That Klm Cawley ~s hereby appointed as an Assistant c~ty Judge of the Municipal Court of Record of the C~ty of Denton, Texas for a one-year term of offlce to commence July 15, 1996 and terminate at mldnlght July 14, 1997. SECTION III. That Earlean Murphy ~s hereby appointed as an Assistant C~ty Judge of the Municipal Court of Record of the City of Denton, Texas for a one-year term of office to commence July 15, 1996 amd terminate at midnight July 14, 1997. SECTION IV. That the Mayor is authorxzed to execute contracts, copies.of which are attached hereto and incorporated by reference here~n, providing for the terms of their employment. SECTION V. That this resolution shall become effective on the 15th day of July, 1996. PASSED AND APPROVED th~s the ~day of -- ~ , 1996. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY CO~TRACT FOR BERVICES THXS CONTRACT, made and entered Into this 9th day of July, 1996, by and between the City of Denton, Texas, a Municipal Cor- poration of the State of Texas, hereinafter referred to as "city", and Klm Cawley, hereinafter referred to as "Assistant Judge". WITNESSETN~ 1. city does hereby contract for the services of Klm Cawley for a period of one (1) year, beginning on the 15th day of July, 1996, and cont~nulng through midnight, July 14, 1997, at the followinq compensation: (a) COURT SESSIONS AND JAIL ARRAISNMENTS - Time to be billed at $26.00 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) 0FFIC~ HOURS/PRE~NDPOST COURT SESSION PREPARATION - Time to be billed at $26.00 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) ~-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - Time to be billed at $26.00 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) MANDATORY JUDICIAL EDUCATION TRAINING - City shall reim- burse or pre-pay the travel, meals and registration coets, in accordance with the city'e Travel Reimbursement Policy, incurred by the Assistant Judge in attending approved continued legal education seminar(s) The Assistant Judge agrees to render services at the aforemen- tioned compensation terms. The Assistant Judge ~s 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 Municipal 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 Judge to direct payment to the finan- cial institution of her own choosing. No additional benefits beyond the stated compensation will be provided. 2. The Assistant Judge will receive assignments and work schedules within the discretion of the Municipal Judge or his designee. The Assistant Judge shall be available to perform and shall perform if directed, the duties of the position 3. The Assistant Judge shall not take on representation of a client adverse to the City of Denton. The Assistant Judge shall not represent a client in a case where an employee of the City of Denton, in his/her 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 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 Judge from office during her term pursuant to and in accordance with the requirements of S30.987(c) of the Texas Government Code, or its successor, as same may hereafter be amended 6. The Assistant Judge may terminate this Contract by providing written notice of resignation not less than 30 days prior to date of termination. This Contract represents the entire and integrated Contract between City and the Assistant Judge, and supersedes all prior negotiations and representations and/or contracts either written or oral. This Contract may be amended only by written instrument s~gned by both the City and the Assistant Judge The Assistant 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 Jack Miller, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Assis- tant JUdge has hereunto set her hand and seal the day and year first above written. ASSISTANT JUDGE CITY OF DENTON, TEXAS AWLEY~..~ ASSISTANT JUDGE CONTRACT - Page 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY J \~/PDOCS\K\CA~JLEY K ASSISTANT JUDGE CONTRACT - Page 3 CONTI~CT FOR SERVICES THIE CONTRACT, made and entered into this 9th day of July, 1996, by and between the city of Denton, Texas, a Municipal Cor- poration of the State of Texas, hereinafter referred to as "City", and David Garcia, hereinafter referred to as "Assistant Judge". WITNESSETH~ 1. City does hereby contract for the services of David Garcla for a period of one (1) year, beginning on the 15th day of July, 1996,and continuing through midnight, July 14, 1997, at the following compensation: (a) COURT SESSIONS AND JAIL ARRAIGNMENTS - Time to be billed at $26.00 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/PREAND POST COURT SESSION PREPARATION -Tlme to be billed at $26.00 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) ~-HOUEE TRAINING/JUDICIAL STAFF MEETINGS - Time to be billed at $26.00 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) M~NDATORY JUDICIAL EDUCATION TRAINING - City shall reim- burse or pre-pay the travel, meals and registration costs, in accordance with the city's Travel Reimbursement Policy, incurred by the Assistant Judge in attending approved continued legal education seminar(s) The Assistant Judge agrees to render services at the aforemen- tioned compensation terms. The Assistant 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 Municipal Judge for review on a bi-weekly basis, and on the same date as required for city personnel payroll Payment will be processed an~ paid in accordance with the city's payroll schedule, city will allow the Asslstant Judge to direct payment to the finan- cial institution of his own choosing No additional benefits beyond the stated compensation will be provided. 2. The Assistant Judge will receive assignments and work schedules within the discretion of the Municipal Judge or his designee. The Assistant Judge shall be available to perform and shall perform if directed, the duties of the position. 3. The Assistant Judge shall not take on representation of a client adverse to the City of Denton. The Assistant Judge shall not represent a client in a case where an employee of the city of Denton, in his/her 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 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 his 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 Judge 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. 6. The Assistant Judge may terminate this Contract by providing written notice of resignation not less than 30 days prior to date of termination. This Contract represents the entire and integrated Contract between city and the Assistant 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 Judge. The Assistant Judge further states that he has carefully read the foregoing Contract, and knows the contents thereof, and signs the same as his own free act. IN WITNESS WHEREOF, City has caused this Contract to be signed in ~ts name by Jack Miller, Mayor, and its corporate seal to be hereunto affixed and attested by 1ts City Secretary, and the Ass~s- rant Judge has hereunto set his hand and seal the day and year first above written. iDGU..~ · CITY OF DENTON, TEXAS DAV G~ " -- ~ By. ~ ASSISTANT JUDGE CONTRACT - Page 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY J \NPDOCS\K\GARC]A K ASSISTANT JUDGE CONTRACT - Page 3 CONTRACT FOR SERVICES THIE CONTI~ACTv made and entered into this 9th day of July, 1996, by and between the city of Denton, Texas, a Municipal Cor- poration of the State of Texas, hereinafter referred to as "city", and Earlean Murphy, hereinafter referred to as "Assistant Judge". WITNESSETH~ 1. City does hereby contract for the services of Earlean Murphy for a period of one (1) year, beginning on the 15th day of July, 1996, and continuing through midnight, July 14, 1997, at the following compensation: (a) COURT EESSIONH~ND JAIL/~R~IGNMENTS - Time to be billed at $26.00 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 t~me. (b) OFFICE HOTT~/PRE~NDPOST COURT SESSION PREPARATION - Time to be billed at $26.00 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) IH-HOUSE T~a?WING;JUDICIAL STAFF MEETINGS - Time to be billed at $26.00 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) ~WDATOR¥ JUDICIAL EDUCATION TRAINING - City shall reim- burse or pre-pay the travel, meals and registration costs, in accordance with the city's Travel Reimbursement Policy, incurred by the Assistant Judge in attending approved continued legal education seminar(s) The Assistant Judge agrees to render services at the aforemen- tioned compensation terms. The AssIstant Judge is responsible for malntalnlng 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 t~me records shall be submitted to the Municipal 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. C~ty will allow the Assistant Judge to direct payment to the finan- cial institution of her own choosing No additional benefits beyond the stated compensation w~ll be provided. 2. The Assistant Judge will receive assignments and work schedules w~thin the discretion of the Municipal Judge or his designee. The Assistant Judge shall be available to perform and shall perform if directed, the dutles of the position 3. The Assistant Judge shall not take on representation of a client adverse to the City of Denton. The Assistant Judge shall not represent a client in a case where an employee of the City of Denton, in his/her 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 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 Judge from office during her 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. 6. The Assistant Judge may terminate this Contract by providing written notice of resignation not less than 30 days prior to date of termination. This Contract represents the entire and integrated Contract between City and the Assistant 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 Judge. The Assistant 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 WITNE88 WHZREO~, City has caused this Contract to be signed in its name by Jack Miller, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Assis- tant Judge has hereunto set her hand and seal the day and year first above written. ASSISTANT JUDGE CITY OF DENTON, TEXAS ASSISTANT JUDGE CONTRACT - Page 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY J \~PDOCS\K\NURPHY K ASSISTANT JUDGE CONTRACT - Page 3 F \WPDOCS\R~S\TI2 RES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS REAFFIRMING RESOLUTION NO R96-027 CALLING FOR THE CREATION OF A COUNTY DEVELOPMENT DISTRICT BY DENTON COUNTY PURSUANT TO CHAPTER 312, TEXAS TAX CODE RELATING TO APPROXIMATELY 285 67 ACRES WITH THE TEXAS INSTRUMENTS ADDITION, LOT 1, BLOCK 1 OF THE CITY OF DENTON FOR THE PURPOSE OF PROMOTING ECONOMIC DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, a Petition is being submitted to the Denton County Commissioners Court requesting the creatlon of a County Development Dzstrzct pursuant to the provisions of Chapter 312, Texas Tax Code, as amended, over two (2) tracts of land (a parcel north of Loop 288 consisting of approximately 96 091 acres and a parcel south of Loop 288 consisting of approximately 189 583 acres) within the c~ty limits of the City of Denton, and WHEREAS, the City Counczl of the City of Denton has determined that the creation of the County Development D~strzct over the two (2) tracts of land within the City of Denton generally described as Texas Instruments Addition, Lot 1, Block 1, will be benef~czal to the economic development of the City of Denton, and WHEREAS, the City Counczl on June 25, 1996 passed Resolution No R96-027 which recommended the creation of a County Development Dlstrlct encompasslqgthe above described property, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES S~CTION I The proposed Denton County Development Dzstrlct No 1 would be beneficial to the economic development of the Czty of Denton ~ The City Counczl reaffirms and ratzfzes Resolution No R96-027 and the Denton County Commissioners Court is speclf1- cally requested to gzve favorable conszderat~on to the creation of the proposed Denton County Development District No 1 w~thln the boundaries generally described as Texas Instruments AdditIon, Lot 1, Block 1 of the C~ty of Denton ~ That this resolution shall become effective immediately upon 1ts passage and approval ~ACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM~ HERBERT L PROUTY, CITY ATTORNEY PAGE 2 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPOINTING THE FIRE CHIEF AS THE EMERGENCY MANAGEMENT COORDINATOR FOR THE CITY OF DENTON, TEXAS, AND DELEGATING DUTIES PURSUANT TO ORDINANCE W~EREAS, the offace of the Darector of Emergency Management of the City of Denton, Texas is held by the Mayor, in accordance wath state law and City Code, and WHEREAS, an Emergency Management Coordinator shall be appoanted by and serve at the pleasure of the Emergency Management Director, and WHEREAS, the Darector of the Office of Emergency Management is empowered to delegate authoraty for the executaon of certain of has appoanted dutzes to the Emergency Management Coordanator, and has lndacated his deszre to do so to the extent allowed by law, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the Mayor appoants the Denton Fare Chief as the City's Emergency Management Coordanator, who shall assume the dutaes and responslbalataes attendant w~th that offace as set forth · n the Code of Ordinances of the C~ty of Denton, Texas _~ That the Mayor delegates the authoraty for the execution of the duties of Emergency Management Darector to the Emergency Management Coordanator, to the extent authorized by the Code of Ordlnances of the Caty of Denton, Texas and state law APPROVED AND ADOPTED thas the ~day of ~, 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM RIq'EY RESOLUTION NO ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO TAXABLE BORROWINGS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC , APPROVING THE BORROWINGS AND THE USE OF THE PROCEEDS OF SUCH BORROWINGS, MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the North Texas higher Education Authority, Inc (the "Authority") was established as a non-profit corporation for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans, and WHEREAS, the City of Denton and the City of Arlington have requested the Authority to exercise the powers provided for ~n Section 53-47 of the Texas Education Code, as amended, for and on their behalf, and WHEREAS, pursuant to such request, the Authority has issued revenue bonds or otherwise borrowed money to obtain funds to purchase student loans which are guaranteed under the provls~ons of the Hlgher Education Act of 1965, as amended, and WHEREAS, due to the scarcity of tax-exempt funds and restric- tions on their use, the Authority must enter ~nto borrowings under taxable lines of credlt and credit agreements to insure that ~t has sufficient funds for the purchase of student loans, and WHEREAS, the Authority requests that the City approve the Authorlty's entering into borrowings through taxable lines of credit and credit agreements, which may vary in principal amount from t~me to time (hereinafter called the "Borrowings"), and WHEREAS, the City wlshes to approve the Borrowings provided the City is not responsible ~n any way for such Borrowings, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the City Council of the City of Denton, Texas, hereby approves the currently outstanding taxable Borrowings of the Authority in the amount of $49,700,000 and further approves the Authorlty's entering ~nto additional taxable Borrowings for the purpose of purchasing student loans which are guaranteed under the provisions of the H~gher Education Act of 1965, as amended, provided, however, that the C~ty of Denton, Texas shall never be responsible for the payment of principal or interest on such Borrowings of the Authority _~ That the City of Denton renews its request that the Authority exercise the powers enumerated and provlded for in Section 53 47, Texas Education Code, as amended, and that such non- profit corporation shall, in th~s connection, exercise such powers for and on behalf of the Clty of Denton, Texas and the State of Texas, as contemplated by Section 53~47(e), Texas Education Code, as amended _~ That the C~ty of Denton does not agree to assume any responsibility in connection w~th the administration of the Authorlty's student loan program Sole responsibility for the administration of the Authorlty's student loan program ~s assumed by the Authority ~ That further, ~t is recognized by the C~ty of Denton that the lnstruments which authorize the issuance of bonds, notes, or obligations by the Authority w~ll specifically state that the C~ty of Denton, Texas ~s not obligated to pay the principal of or ~nterest on the bonds, notes, or obligations proposed to be ~ssued by the Authority Nothing in this resolution shall be construed as an indication by the City of Denton, Texas that it w~ll pay or provide for the payment of any obligations of the sa~d Authority whether theretofore or hereafter ~ncurred, and ~n this connection, attention ~s called to the Constitution of the State of Texas, wherein it ~s provided that a city may ~ncur no indebtedness without hav~ng made provisions for its payment, and the City Council of the C~ty of Denton, Texas hereby specifically refuses to set aside any present or future funds, assets, or money for the payment of any Indebtedness or obligation of the Authority ~ That ~t Ks hereby officially found and determined that the meeting at which th~s resolutlon is passed is open to the public, as required by law, and that public not~ce of the time, place, and purpose of sa~d meeting was posted, as required by law ~ That th~s resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED th~s the/~ day of~, 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY Page 2 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 3 CERTIFICATE OF CITY SECRETARY STATE OF TEXAS COUNTY OF DENTON § CITY OF DENTON § I, the undersigned, City Secretary of the City of Denton, Texas, do hereby certify the followln~ 1 "On t~e /~'/day of ~_~,[~ 1996, the City Council of the City of Denton, Texas ~nven~ in regular session at its regular meeting place at 215 East-McKlnMey, Denton, Texas, with the duly constituted members of the City Council being as follows Jack Miller Mayor Euline Brock Councllmember At-Large and Mayor Pro Tem Ronie Beasley Councllmember At-Large Carl Young, Sr Councllmember District 1 Jeff Krueger Councllmember District 2 David B~les Councllmember D~strlct 3 Jerry Cott Councllmember D~str~ct 4 and all Directors were present at said meeting, except the following Among other business consldered at sa~d meeting, the attached resolution, entitled A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO TAXABLE BORROWINGS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC , APPROVING THE BORROWINGS AND THE USE OF THE PROCEEDS OF SUCH BORROWINGS, MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH, AND PROVIDING AN EFFECTIVE DATE was ~ntroduced and submitted to the Council for approval and passage After presentation and~ue consideration of the resolu- tlQ~, and_upon a motion by _~~ , seconded by .~ , the resolution was duly passed and adopted Dy the City ~ouncll, to be effective immediately, by the following vote __~__voted "For" __ "Against" __abstained voted all as stated in the official m~nutes of the C~ty Council for the meeting held on the aforesaid date" 2 The attached resolution is a true and correct copy of the original resolution on f~le in the official records of the C~ty of Denton, Texas The duly qualified and acting members of the C~ty Council of the City of Denton, Texas, on the date of the aforesaid Councll meeting are those persons above named, and according to the records of my office, each member of the City council was given advance notice of the t~me, place, and purpose of the meeting, and that said meeting and deliberation of the aforesaid public bus~ness was open to the public, and written not~ce of sa~d meeting, includ~n9 the subject of the entitled resolution, was posted and ~lven in advance thereof, in compliance with the provIsions of Chapter 551, Tex Gov't Code IN WITNESS THEREOF, I have hereunto ~l~d my nam~ff~clally and affixed the seal of said City, this /-/7~ day of ~~___, 1996 ecr~tary f Denton, Texas RESOLUTION NO ~ 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 ~ 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 ~ 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 Dlverslonary Services of Denton, Inc ~ That this resolution shall become effective immediately upon 1ts passage and approval ~ PASSEDAND APPROVED this the /~day of ~~.~__, 1996 ATTEST' JENNIFER WAL.TERS, SIT~ SECRETARY HER~'ERT L PROUTY, CITY ATTORNEY Next Document A \CENTAPPR RES RESOLUTION NO. ~ A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 1996-1997 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE WHEREAS, the 1996-97 proposed budget of the Denton Central Appraisal District was submitted to the Czty of Denton before July 23, 1996; and WHEREAS, the Denton Central Appraisal Dlstrlct adopted thls proposed budget on July 25, 1996; 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 Clty of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That the city Council, pursuant to Article 6 06 of the Texas Tax Code, approves the 1996-97 budget adopted by the Denton Central Appraisal District. ~ That this resolution shall become effective ~mmediately upon th~s passage and approval PASSED AND APPROVED this the~__ day of ~, 1996. ATTES~: JENNIFER WALTERS, CITY SECRETARY BY: . /~ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ~ \WPDOCS\RES\DENCO 911 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS NOMINATING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCOAREA 9- 1-1 DISTRICT, AND PROVIDING AN EFFECTIVE DATE W}{EREAS, Section 772, Health and Safety Code, provides that two voting members of the Board of Managers of an Emergency Communications Dlstrlct shall be appointed jointly by all cities and towns lying wholly or partly within the D~strlct, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES _~~ The City of Denton hereby nominates Don Franklin as a member to the Board of Managers of Denco Area 9-1-1 Emergency Communication District ~ That this resolution shall become effective Immediately upon ~ts passage and approval the &~ day of~~__, 1996 PASSED AND APPROVED this JA~MILLER, ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY J \~PDOCS\RES\OZONE RES RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL SUPPORTING SENATE BILL 1021 THE AMENDMENT OF THE CLEAN AIR ACT TO EXTEND THE PRIMARY STANDARD ATTAINMENT DATE FOR MODERATE OZONE NONATTAINMENT AREAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments (NCTCOG) and the Regional Transportation Council (RTC), have requested that municipalities support the extension of the Clean Air Act for two years for moderate ozone nonattainment areas; and WHEREAS, the areas affected include the counties of collin, Dallas, Denton, and Tarrant in the North Central Texas region; and WHEREAS, under current law the area has until November 15, 1996 to comply with federal clean air standards for ozone or face additional federal mandates designed to mitigate particulates and the effects of air pollution; and WHEREAS, a reclassification of the area from moderate to serious by the U.S. Environmental Protection Agency would impose additional controls on business, industry, and consumers and thereby adversely impact the economic stability of the region; and WHEREAS, a bill has been introduced in the United States Senate, Senate Bill 1021, to amend Section 181(a) (1) of the Clean Air Act (42 U.S.C. 7511(a) (1)), by extending the primary standard attainment date for moderate ozone attainment areas, and for other purposes for two years; and WHEREAS, the strong regional commitment of the Dallas-Ft. Worth area to achieve the goals and objectives of the Clean Air Act are evidenced by transportation strategies including light rail/commuter rail lines, high occupancy vehicle lanes, alternative fuel vehicles, ozone action days, congestion management programs, and programs that encourage rldesharlng; and WHEREAS, the extension of the primary standard attainment date would afford the North Central Texas region and the counties affected an opportunity to comply with the clean air standards; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That it supports Senate Bill 1021 whlch amends the Clean Air Act to extend the primary standard nonattalnment date for moderate ozone attainment areas, and for other purposes for two years. ~ That the city Manager is authorized to forward a copy of this resolution to the Honorable Kay Bailey Hutchison, United States Senator, The Honorable Phil Gramm, United States Senator, Washington, D. C., The Honorable R~chard K. Armey, The Honorable Ralph M. Hall and The Honorable William Thornberry of the U.S. House of Representatives. ~ That this resolution shall become effective lmmed~ately upon its passage and approval. PA~SED AND APPROVED this the ~ day of ~, 1996. JAC~ ATTEST: JENNIFER WALTZ. RS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY j \gPDOCS\RE$\POL~CEEG RES RESOLUTION NO.~~__~ A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION ACCEPTING ELECTRONIC EQUIPMENT TO AID THE POLICE DEPARTMENT IN ACCIDENT INVESTIGATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton ls eligible to receive electronic equipment and training from a project funded through the Intermodal Surface Transportation Efficiency Act for the Texas Department of Transportation to assist the police department's traffic dlvlslon with accident ~nvest~gation; and WHEREAS, the Clty of Denton w~ll not be required to provide any funds pursuant to the agreement, but the police department shall make available three accident ~nvestigators for the required training; and WHEREAS, in order to receive such equlpment and tralnlng, ~t ~s necessary for the Council of the City of Denton to authorize the execution of an agreement between the C~ty of Denton and the Texas Department of Transportation; NOW THEREFORE, THE coUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That the City Council authorizes and directs the Clty Manager, or h~s designee, to execute an agreement with the Texas Department of Transportation to provide the City of Denton with electronic equipment to ald ~n accident lnvestigations. ~ That th~s resolution shall become effective ~mmed~ately upon ~ts passage and approval. PASSED AND APPROVED thls the ~ day of~, 1996. JAC~ ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY DISTRICT NO 18 AUB i g 1996 Dallas, T~s RECEIVED R~SOLUTION NO. ~ A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION ACCEPTING ELECTRONIC EQUIPMENT TO AID THE POLICE DEPARTMENT IN ACCIDENT INVESTIGATION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton is eligible to receive electronic equipment and training from a project funded through the Intermodal Surface Transportation Efficiency Act for the Texas Department of Transportation to assist the police department's traffic division with accident investigation; and WHEREAS, the City of Denton will not be required to provide any funds pursuant to the agreement, but the police department shall make available three accident investigators for the required training; and WHEREAS, in order to receive such equipment and training, it is necessary for the Council of the City of Denton to authorize the execution of an agreement between the City of Denton and the Texas Department of Transportation; NOW THEREFORE, THE cOUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That the city Council authorizes and directs the City Manager, or his designee, to execute an agreement with the Texas Department of Transportation to provide the city of Denton with electronic equipment to aid in accident investigations. That this resolution shall become effective ~mme~n its passage and approval. PASSED AND APPROVED this the&~day of~, 1996. JAC~ ATTEST: JENNIFER WALTERS, CITY SECRETARY A~FORM: HERBERT L. PROUT¥, CITY ATTORNEY AGREEMENT FOR A TOTAL STATION EQUIPMENT PROJECT BETWEEN THE STATE OF TEXAS AND THE CITY OF DENTON THE STATE OF TEXAS § COUNTY OF TRAVIS § Thts Agreement made between the State of Texas, acUng by and through the Texas Department of Transportation, heremal'~er called "State" or "TxDot" and the C~ty of ~, actmg by and through tts duly elected Ctty Councd, heremaf'~er called "C~ty" WlTNE$$ETtt WIIEREA$, the Intermodal Surface Transportatton Effictency Act of 1991, CISTEA"), T~tle 23 U S C, Sectton 101 et seq estabhshes the Nattonal Intermodal Transportatton System that is economtcally efficient and enwronmentally sound, provides the foundation for the preservation of the economy, and wdl move people and goods m an energy effiotent manner, and WIIEREA8, Tttle 23 U S C, Section 149 estabhshes a Congestion Mtt~gat, on and A~r Quality Improvement Program CCMAQ") to contribute to the atttunment of a national ambient mr quahty standard to be ~mplemented by the States' Transportation Agenctes, and WltEREAS, the Dallas area of the State of Texas has been destgnated as a non-attmnment area, and WlIEREA$, T~tle 23 U S C, Sectton 134, estabhshes that Metropohtan Planning Orgamzattons ("MPO's") and the States' Transportation Agenc, es develop transportatton plans and programs for urbamzed areas of the State, and WI~EREA$, the appropriate federal agencies have determined that the Total Station Eqmpment Project, heremaft[er referred to as "ProJect," ~s ehg~ble for fundmg pursuant to Tttle 23 U S C Sectton 149, IS'lEA The Project has been designated as a federal-aid project and thus tins Agreement shall be made tn accordance w~th Federal l-hghway Adm~mstratlon (FHWA) procedures and regulattons, and WHEREAS, on the~__~"day of0.lg~... 199_~_, the Ctty passed Resolutton No ~ attached hereto and ~dent~fied as Exlub,t "A", anthonzmg City partm~pat~on in the development and ~mplementat~on of the Project, and WHEREAS, on the 29th day of July, 1993, the Texas Transportation Commission passed Minute Order No 102542, authorizing the ProJect through the Transportation Improvement Program, and AGREEMENT FOR A TOTAL STATION EQUIPMENT PROJECT (STATE AND THE CITY OF DENTON) PAGE 1 U ~W~-~.,;.C fi'~AG ~ ~ ~: ~ £O TA L DEN WHEREAS, State and C~ty have agreed to part~ctpate ~n th~s sa~d Project to aid ~n ma~ntalmng free and clear roadways, assist law enforcement in reductng congestion and maprovmg traffic flow, reducing air pollution, improving air quality, and (mprowng clearance t~mes for major accident investigation on streets, h~ghways and freeways m the City of __P_tallO_o~ by collection of crash data at accident s~tes, and WHEREAS, the Project shall be implemented by TxDot dehvenng to City, by and through the ~ Pohce Department, total station survey eqmpment WHEREAS, Ctty shall be working by and through the North Central Texas Council of Governments, and WHEREAS, C~ty is a mumelpallty and a governmental body, corporate and politic, orgamzed and erastmg pursuant to Artmle XI, Section 5 of the Texas Constitut~on AGREEMENT NOW, THEREFORE, m consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, State and City do mutually agree as follows Article 1. ObJeCtives, Purposes and Serwces State and City agree that the following objectives and purposes of the Project wdl result m a quick, efficient and timely manner of sa~d purposes, to w~t (A) Improve clearance t~mes for accident ~nvestlgat~on s~tes (B) Reduce congestion and improve traffic flow (C) Reduce air pollutmn and improve air quality (D) Aad m mamta~mng free and clear roadways (E) Insure the quahty of mvest~gations (F) Reduce the time spent in investigation of accident sites Article 2. Contract Period Th~s Agreement shall remain m full force and effect until August 31, 1999 Article 3 The State's Duties and Responsibilities (A) State shall furmsh the following equipment to the Denton Pohce Department (1) SOKKIA SET6E Total Station package to include (a) Prism with target AGREEMENT FOR A TOTAL STATION EQUIPMENT PROJECT (STATE AND THE CIT~ OF DENTON) PAGE 2 U ~WP~:)OC, S~GR~=t=~ I c) I AL DEN (b) Prism Pole (c) PFA 3 Tripod (2) SOKKIA SDR - 31 Data Collector (640K) (3) SOKKIA DR Map Software (4) Desktop Computer Package (a) Pentmm 75 MHZ with Windows 95 and DOS (b) 14 SVGA Color Momtor (c) Color Inkjet or Bubble. let Pnnter (d) Cables and Surge Suppressor Outlet Strip (B) State shall provide a one week operator use trmmng session for police officers This tra~mng must occur prior to the State's furnishing smd equipment © The State shall prowde follow-up tralmng dunng the contract period Article 4. City's Duties and Responsibilities (A) City shall use the equipment on a regular basis for accidents (B) City shall maintain the equipment in good worlang order during the contract period Should any of the equipment be damaged or lost, City shall promptly notify TxDot and shall replace said equipment in like land at its sole expense within ninety (90) days after notification to TxDot should City fail to replace smd eqmpment, State shall have the right to terminate this Agreement in accordance with Article 8 (C) City shall house and maintain the equipment in the traffic section of the ~ Police Department to be used primarily by the traffic section (D) Qty shall make eqmpment available to accident investigators upon request (E) City shall provide TxDot w~th documentation of equipment use every six (6) months dunng the contract period to assist in evaluating the effectiveness of the Project as set forth in Article I (F) City shall assume all responsibilities and habihtles for the use of smd equipment (G) C~ty shall make available 3 accident ~nvestigators for training as prowded hereinabove Article fi. Disposition of Equipment In accordance w~th Title 49, CFR, Section 18 32 and 18 36, as they relate to property management, the dispositaon of said eqmpment purchased for purposes of implementing this Pro,feet shall be determined at the end of the contract period Article 6 Representatives State's representative shall be Mr Andrew R Obedander, P E, Freeway Management Project Engineer, Dallas District, or his successor m the position City's representative shall be Ted Benavides, City Manager or his or her successor m the position Article 7. General Prowslons [Al Amendments Any amendment to this Agreement must be executed m writing by both parties [BI Legal Construction In ease any one or more of the provisions contained in this Agreement shall for any reason, be held to be lnvahd, dlagal, or unenforceable m any respect, such invalidity, illegality, or unenforceabihty shall not affect any other proxasion thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contmned herein ICI Governing Texas Laws and Venue This Agreement shall be construed under and in accordance with the laws of the State of Texas Any legal actions regarding the parties obligations under this Agreement must be filed in Travls County, Texas, and any obhgations of the parties created hereunder are performable in the State of Texas ID] Non-Discrimination State and City agree that employment m connection with this Project will be provided w~thout regard to race, color, creed, national ongln, mamal status, age, disability or sex In addition, State and City for themselves, agents and employees covenant and agree that no person, on grounds of race, color, creed, national origin, marital status, age, sex or the presence of any sensory, mental or physical handicap shall be excluded from participation in, be denied the benefits of, or be othervwse unlawfully subjected to discrimination in the performance of any work under this Agreement or in connection with this Agreement C~ty shall comply with all regulations of the Department of Transp°rtatl°n and all Equal Employment Opportunity laws as amended by Executive Order as executed by Executive Order No 11246 and amended by Executive Order No 11375 and as supplemented in the Department of Labor regulations, 41 CFR 60 lEI Prior Agreements Superseded Ttus Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter [F] Notices Any notice provided for or permitted to be given hereunder must be given at the addresses designated below by (I) depomting same m the United States Mad, postage prepaid, registered or certified, return receipt requested, 00 dehvenng the same to the party to be notified, and (m) sending a prepmd telex or telegram or 0v) by fax transrmttal, t e facsimile Such notice shall be effective upon receipt, as evidenced by the executed postal receipt or other receipts for dehvery If to State Texas Department of Transportation Attention District Engineer P O Box 3067 Dallas, TX 75221-3067 If to City C~ty of Denton Attention Ted Benavides 215 E McKinney Denton~ Texas 76201 The parties may change their respective notice addresses to any other location within the Umted States by giving a notice of the change in accordance with this Section Article 8 Termination This Agreement may be terminated by any of the following conditions (1) By written mutual agreement and consent of both pa~ttes hereto upon thirty (30) days written notice, (2) By State, upon the fmlure of the other party to fulfill its obhgattons as set forth in this Agreement, (3) By successful completion of the Project as shown m Article II (4) By either party, upon thirty (30) days written notice, tn the event funding ts not appropriated The terrmnat~on ofttus Agreement and payment of an amount m settlement as prescribed above, shall extinguish all rights, duties, obligations and habflmes of the State and the City under ttus Agreement IN TESTIMONY WHEREOF, the State of Texas and City have executed duphcate counterparts of thru Agreement To become effective on the date last executed AGREEMENT FOR A TOTAl- STATION EQUIPMENT PROJECT (STATE AND THE CITY OF DENTON) PAGE 5 U [W P~DOC~AG REBTOTAL OEtl CITY OF DENTON STATE OF TEXAS  --~----x--~ Executed for the Executive Director By City Manager approved by the Texas Transportation Comnasmon under the authority of Minute Order No 102542, for the purpose and effect of activating and/or carrying out the 7 *7-~-~ ~ 7~ orders, estabhshed policies, or work · programs heretofore approved and Date authorized by the Texas Transportat,on Comrmsmon under the authonty of Minute APPROVED AS TO FORM k Jify Nelson, P E HERBERT L. PROUTY, CITY ATTORNEY x..._.~all ,District/Engineer AGREEMENT FOR A TOTAL STATION EQUIPMENT PROJECT (STATE AND THE CITY OF DENTON) PAGE 6 U ~WFADOCS~AGREE~TOTAL DEN J Texas Department of Transportation PO BOX 3067 · DALLAS, TEXAS 75221-3067 · (214) 320 6100 August 16, 1996 Mr Lloyd Hurrell Qty Manager C~ty of Denton 215 East McKmncy Street Mummpal Bufld,ng Denton, Texas 76201 RE CongesUon/ur Quality Improvement Program Total StaUonmg Eqmpment Dear Mr Harrell Attached ~s a fully executed copy of the Total Stationing Eqmpment Agreement for your files We wtll contact your representative concemmg trammg dates and locaUon If you have any questions, please contact M~ke West at 214-320=6233 Sincerely, Terry M Sams, P E Dxrector of TransportaUon Operations Attachment An Equal Opportunity Employer J \~PDOCS\RE$~ACT]ONPL RES RESOLUTION NO. ~ A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT ANAMENDMENT TO THE 1996 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED ON JUNE 3, 1996 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 HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city of Denton, Texas is concerned with the develoDment 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 have been met; and WHEREAS, the city of Denton, as an entitlement City has prepared, through the citizen partlcmpation process, a program for utilizing its 1996 community development funds and program income in the approximate amount of $1,752,733; and WHEREAS, the city of Denton's actual funding allocation was $95,380 more than anticipated; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That the City Council of the City of Denton, Texas hereby authorizes the city Manager to sign and submit to the Department of Housing and Urban Development an amendment to the 1996 Action Plan previously submitted for approval to make appropriate certifications for community development funds under the Housing and Community Development Act of 1974, as amended, and the National Housing Act of 1990, as amended, that adjusts programs allocations to utilize the total funding of $1,752,733. ~ That the City Council of the City of Denton, Texas authorizes the Director of Development Services to handle all fiscal and administrative matters related to the amendment, the Action Plan and the assurances. ~J~Q]~LLL~ That the City Secretary is hereby authorIzed to furnish copies of this resolution to all interested part~es. ~ That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of ~ 1996. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY C \WPDOCS\RES\HABITAT A RESOLUTION APPROVING A DENTON PARKS AND RECREATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND HABITAT FOR HUMANITY OF DENTON FOR THE USE OF THE CIVIC CENTER PARK ON SEPTEMBER 28, 1996, AND DECLARING AN EFFECTIVE DATE WHEREAS, Habitat for Humanity of Denton, an affiliate of Habitat for Humanity International, a nonprofit organization, ~ntends to hold its annual fund-raiser named "Raise the Roof Fair III" on September 28, 1996 at the Civic Center and in Civic Center Park, and WHEREAS, Habitat of Humanity of Denton has requested that at the time of its fund-raiser, that it be allowed to sell various craft items, food Items and non-alcoholic beverages ~n Civic Center Park, and WHEREAS, the Park Ordinance, Chapter 22, Section 22-26 (b) Concessions, prohibits any person to offer anything for sale w~thout first obtaining the privilege of so doing by contract with the city under such terms and conditions as may be provided by the city council after receiving the recommendation of the park and recreation board on each such contract, and WHEREAS, the park and recreation board, on July 15, 1996 has recommended approval of the facility use contract w~th Habitat for Humanity of Denton, allowing the sale of various craft items, food ~tems and non-alcoholic beverages ~n C~vlc Center Park on September 28, 1996, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES ~ That the City of Denton, ~n accordance with the Park Ordinance, Chapter 22, Section 22-26 (b) Concessions, grants Habitat for Humanity of Denton the right to sell various craft ~tems, food ~tems and non-alcoholic beverages ~n C~v~c Center Park from 10 00 a m 5 00 p m on September 28, 1996, as provided in the Denton Parks and Recreation Agreement ~ That th~s resolution shall become effective ~mmediately upon its passage and approval PASSED AND APPROVED this the~4'~day of ~, 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY PAGE 2  Attachment 3 ~ITY of DENTON DENTON PARKS & RECREATION AGREEMENT: For Use At All Facilities Bunny Hodges NAME OF PERSON MAKING RESERVATION ADORESS P O. Box 425, Denton, TX 76202 HOME PHONE (817) 382-9229 BU$1NEES PHONE (817)484-5006 ORGANIZATION REPRESENTED Habitat for Humanity ADDRESS P O, Box /~25, Denton, TX 76202 PHONE (817) 484-5006 TYPE OF A~TIVlTY ~nd-raiset -- Raise the Roof Pair NUMBER OF GUESTS 1200 September 28, 1996 DATE(S) OF REEERVATION CIRCLE MON TUEE WED THURS FRI SUti GROUP WILL ENTER BUILDING AT J~ PM GROUP WILL BE OUT OF BUILDING AND ALL PARKING LOT AREAS AT 6 00 AN~ OTHER SPECIAL ARRANGEMENTS with the approval of the City Council, Habitat for Humanity will be allowe4 to sell craft~food items and non-alcoholic beverages in Civic Center Park from 10 00 a.m - 5 00 p.m. on September 28, I996 ALL REMAINING CHARGE8 AND BALANCES ARE DUE UPON COMPLETtON (30 DAYS PRIOR TO RENTAL) AND SIGNING OF THIS LF. AaE AGREEMENT Gym Hfs · $ DETAILS OF COST A~tlvlty Room Hfs @ $ Subject to change Multi purpose Room Hfs @ $ Arts & Crafts Room H/~ ~ $ Courtyard Hr~ ~ $ Kitchen Hrs O S Auditorium (Civic Center) Hfs 0 $- 225 O0 Entire Bldg Hfs @ $ Other cleat~in.~ Hr& 0 $ 150 O0 94 50 Bldg Attn Hfs 0 $ Vendor Fee Hfs @ $ Police Security ~ Men x Hfs 0 $ $ 569 50 Total Due $ -- Deposit Paid (25% of Rental) $ Balance Due Data BUILDING DEPOSIT AS REQUIRED $ PAID RECEIPT # Staff initials The undersigned lames hereby agrees to abide by the rules and regulations established by the Ferk~ and Recreation Board of the City of Denton The leue® al~o agrees to pay ail fees and charges assessed above Unleu the Center Suporvi~or or staff representative re~elves ~anoellatlon notice 30 days prior to date of usage 100~ of all fees end charges previously colleoted will be forfeited Date Signature of Leeaee Center Bu~en~leor / Recreation Specialist AN EFFECTIVE DATE WI{EREAS, the Un,ted States Secretary of Transportation ~s authorized to award grants for a mass transportation program of projects and budgets, and W~EREAS, the State of Texas ~s authorized under Tex Rev Clv Stat art 6663b, to assist the C2ty ~n procuring federal a~d for the purpose of establishing and maintaining public and mass transportation projects, and WHEREAS, on October 17, 1995, the Clty Council adopted Reso- lution No 95-068 which authorized the C~ty Manager to execute a Public Transportation Contract w~th the Texas Department of Trans- portation and the State has forwarded and amendment to sa~d Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the C~ty Manager ~s authorized to execute Amendment No 1 to the Public Transportation Agreement on behalf of the City of Denton, Texas, w~th the Texas Department of Transporta- tion to a~d ~n the f~nanc~ng of public transportation, a copy of which ~s attached hereto and ~ncorporated by reference here~n ~ That the C~ty Secretary ~s hereby d~rected to affix upon the face of Resolution No 95-068 a note that ~t ~s amended by this resolution, and attach a copy of this resolution thereto ~ That this resolution shall become effectlve ~mmediately upon ~ts passage and approval PASSED AI~D APPROVED th~s the~____~day of~, 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APP~ HERBERT L PROUTY, CITY ATTORNEY I AMENDMENT TO EXTEND CONTRACT PERIOD 2 3 4 5 RECIPIENT City of Denton 6 PROJECT NO URB 9601(018)1 7 CONTRACT NO 516xxF601 8 9 10 AMENDMENT TO CONTRACT 1l 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 C~ty of 22 Denton, hereto aiter called the "Contractor" 23 WITNESSETH 24 WHEREAS, on August 31, 1995, a contract was entered into by and between the above- 25 menuoned parttes, wtuch contract prowded for the expendtture 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 penod tn order to expend obligated capttal 28 funds, and 29 WHEREAS, the capital purchase orders obhgatmg the capital funds were issued on, or before August 31, 1996 30 and, 31 NOW, THEREFORE, tn c, amderattnn of the mutual covenants hereto set forth, the parties hereto agr~ to amend 32 the above-mentioned contract a~ follows 33 1 I I Article 1, page 2, sentence 1 ~s revised to read "Tlus contract becomes effective on the final date of 2 execution by the Dallas District Engineer, and shall terminate on December 3 l 1996 unless otherwise terminated or 3 modified as hereinafter provided" 4 II The mayamum amount payable under tlus contract without modification is $26 260 00 EXHIBIT A 5 attached hereto is the revised project budget and shall replace the budget ~ncluded with the above-mentioned contract of 6 August 31, 1995 7 IlII All of the other terms, conditions and provisions of the anginal contract shall remain ~n full force and 8 effect 9 IN TESTIMONY WHEREOF, the part,es hereto have caused these presents to be executed 10 STATE OF TEXAS CONTRACTOR 11 12 CITY OF DENTON 13 15 Certified as being executed 16 for the purpos~ and affect of By 17 activating and/or carrying 18 out the orders, established 19 pohc~es, or work programs T~tle 20 heretofora approved and 2 ! authorized by ~he Texas 22 Tr po , ,o Com as on Date 23 under the authority of Minute 24 Order 105871 25 26 APPROVED 27 28 29 By 30 31 3 2 Dallas D~stnct Engineer 33 34 3 5 Date 36 37 38 39 40 41 42 43 DATE 08/08/96 CONTRACTOR C~ty of Denton CONTRACT NLIMBER 516XXF6011 STATE PROJECTNO 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 XXXX 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 N xt Document RBSOLUTION NO /5~/~ A RESOLUTION OF THE CITY COUNCIL APPOINTING CERTAIN PERSONS TO AN ECONOMIC DEVELOPMENT SALES AND USE TAX TASK FORCE TO EVALUATE, MAKE RECOMMENDATIONS, AND TO PROMOTE A SALES AND USE TAX ELECTION FOR ECONOMIC DEVELOPMENT, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the City Council hereby appoints the following 32 persons to serve as an Economic Development Sales and Use Tax Task Force Joe Alford Dr Darrcll Bulls Dorothy Damico Rev Alton Donsbach Nell Durrance Tom Ha'pool Dr William Luker Roy Metzler BH1 Patterson Ellen Schertz Bill E Utter, Sr Llndsay Keffer Warren Searlas Peggy Capps Tom Reese Bob Powell Margaret Smith Mike MacMillan Shirley Kmeger Ray Croft Bob Schutte G-reg Sawko Don White, Sr Mark Burroughs Bette Sherman Janlce Parks Priscilla Sanders Rudy Rodnguez Larry Colhster Bill Cnese Joe Mulroy B~ll Thomas The Task Force shall select its own Char ~ That the City Council hereby charges the Sales Tax Task Force wath mvestlgatmg, evaluating, and mahng recommendations concermng the proposed sales and use tax election for econormc development, mcludmg, w~thout limitation, evaluating the advantages ora 4A, 4B, or a eombmation thereof, sales tax election, the determmat~on of the amount of the sales tax levy dedicated to econormc development, and mahng recommendations as to when the election should be called The Sales Tax Task Force shall file a written report containing all of its recommendations concerm,,g the sales and use tax election to the City Council not later than November 5, 1996 The Sales Tax Task Force shall be charged xaath promoting any 4A or 4B sales tax election the City Council calls ~ That this resolution shall become effective mmaediately upon its passage and approval, PASSED AND APPROVED tins the ~~'A~ day of~,~L~ 1996 ATTEST; JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY C \WPDOCSLRES\TASK RES Page 2 E \WPDOCS\RSS\EDCEXOFF RES A RESOLUTION OF THE CITY COUNCIL APPOINTING EX-OFFICIO MEMBERS TO THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT CORPORATION OF DENTON, INC , AND PROVIDING AN EFFECTIVE DATE WHEREAS, both Article IV of the Articles of Incorporation and section 4 02 of the Bylaws of the Economic Development Corporation of Denton, Inc ("EDC") provide that all members of the City Council shall be non-voting ex-officio members of the Board of Directors of the EDC and the City Council may appoint up to five additional non-voting ex-officio members who shall serve one year terms, and which could Include the City Manager and one volunteer head and staff head of the Denton Chamber of Commerce, and WHEREAS, the Board of Directors of the EDC has recommended that the City Council appoint certain persons as non-voting ex- off~clo members of the EDC, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the City Council hereby appoints the following persons as non-voting ex-offlc~o members of the Board of D~rectors of the EDC Ted Benav~des Fred Gossett Chuck Carpenter Bill Patterson ~ That the City Council has found and determined that the meeting at which this resolution is considered is open to the public, and that notice thereof was given in accordance with the provisions of the Texas Open Meetings Act, Texas Local Government Code, chapter 551, as amended ~ That th~s resolution shall become effective immediately upon lts passage and approval 9ASSED AND APPROVED this the ~day o~, 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM ~ERBERT L PROUTY, CITY ATTORNEY Page 2 RESOLUTION NO ~ A RESOLUTION DIRECTING STAFF TO DEVELOP A REQUEST FOR PROPOSALS TO PERFORM A MANAGEMENT STUDY FOR THE UTILITY DEPARTMENTS AND ESTABLISHING SCHEDULES THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE W~EREAS, the Section 12 08 of the City Charter states that, "at 1ntervals not to exceed ten (10) years the Council shall at the expense of the utllztles ~nvolved, cause a general management survey to be made of all utll~tles under the jurisdiction of the board by a competent management consultzng or zndustrlal eng~neerlng firm, the report and recommendations of which shall be made public;" and W~EREAS, the last management study was completed ~n October, 1986, and WHEREAS, the Public utllmty Board recognizes the competitive challenges facing the utilities in the areas of electric, water, wastewater and solld waste services and therefore recommended that such management study, in addition to surveying management ~ssues, should also focus on the competitiveness of the various ut~llt~es, and WHEREAS, if, at the conclusion of the management survey, the City determines an alternative is warranted regarding the present City operation of any particular municipal utility function, that Requests for Proposals for competitively bidding or sol,citing proposals from professional firms to assume such operations, such solicltatmon is legally possible, would then be developed and the Clty's existing staff would be prequal~fled as a bidder, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES ~ That the City Council, ~n accordance wlth City Charter Section 12 08, authorizes the Public Utility Board to proceed with the management survey by bringing same before the Council, not later than November 12, 1996, a list of qualified proposers, a Request for Proposal for a management study of the utility departments and those areas of general government which provide critical support to the utllltles (customer service, accounting, human relations) w~th a schedule as outlined in Exhibit "A", attached hereto and made a part of this resolution for all purposes, which incorporates a completion date of not later than July 15, 1997 ~ II That th~s resolutlon shall become effective ~mmediately upon its passage and approval PASSED AND APPROVED thls tne/~day of ~, 1996 ATTEST. JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 EX~TBTT & SC~ULE FOR UTILITY DEP~RTMENTS ~ GEI~RAL GOVE~ Wednesday November 6, 1996 Public Utility Board Review and Approval of Request for Proposal Tuesday November 12, 1996 Council Approval of Requests for Proposal Wednesday November 27, 1996 Send Out Requests for Proposal Tuesdays Dec~er 3/10, 1996 Legal Ads in Paper Tuesday Deck-er 17, 1996 Pre-Bid Conferences Tuesday January 14, 1997 Receive Proposals Friday January 24, 1997 Interview Proposers Wednesday February 5, 1997 Public Utility Board Review and Approve Consultant Tuesday February 18, 1997 Council Approval of Consultant(s) Monday March 3, 1997 Consultant(s) Begin Management Study with Interviews withAppropriete Parties Wednesday April 2, 1997 Consultant Interim Report on Organizational Structure to Publ=c Utility Board Wednesday April 23, 1997 Consultant Interim Report on Support Services to Publ=c Utility Board Wednesday May 7, 1997 Consultant Interim Report on Comparet=ve Development and FinancLng Policies to Public UtLl~ty Board Friday May 9, 1997 Consultant Interim Report on Organizational Structure to City Manager Wednesday June 4, 1997 Consultant Interim Report on Comparison of Operating Costs and Rates to Public Utility Board Monday June 23, 1997 Consultant Preliminary Report to Public Utility Board Tuesday July 8, 1997 Consultant(s) Final Report to City Council and Public Utility Board Green entries denote the Utility Study Red Entries denote the General Government Study Bl&ck denotes a oombinat£on of both studies RESOLUTION NO ~_~ ~ A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE CHAMBER OF COMMERCE CONVENTION AND VISITORS BUREAU FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE, AND PROVIDING AN EFPECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That, in accordance wmth Tex Tax Code Ann §351 101(c), the City Council of the Cmty of Denton hereby approves the budget of the Chamber of Commerce Conventmon and Vlsmtors Bureau for hotel occupancy tax funds, a copy of whmch ms attached hereto, pursuant to the Agreement between the City and the Chamber of Commerce Conventmon and Vmsmtors Bureau TI~ That the Chamber of Commerce Conventmon and Vmsltors Bureau shall make periodic reports to the Cmty Councml at least quarterly lmstmng all expendmtures made w~th hotel occupancy tax funds S~CTION III That thms resolutmon shall become effectmve mmmed~ately upon mrs passage and approval PASSED AND APPROVED thms the ~ ~ day of~ 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CONVENTION & VISITOR BUREAU PROPOSED BUDGET 1996-97 RECEIPTS 95 96 ,96-97 Proposed Budget Budget 200 Income $205,920 $222,107 102/103 iReeerve Fund $50,924 $8,889 202 J Reserve Transfer/Awareness I $50,000 $0 I Renovation Reserve $0 $15,000 203 I Interest Income $3,700 $2,500 204 IMisc Income ~ $0' r $O 205 IMarquee Billboard I I $500 ~' TOTAL I { r RECEIPT8 I I $311,044 ~ $248,496 300 Salaries I ! $81,1211 $85,689 305 Salaries/Temporary Services I t $1,500 i $1,500 308 Salaries VIC ! I $13,500, $13,500 309 Miac Expense I I $0 1 310 Retirement I I 92,001 j $2,001 311 Car Allowance I $4,200 I $4,200 315 Payroll Taxes ! 97,800 I $8,200 320 Health Insurance I I $9,205 I $8,335 322 L~abilitv Insurance j $500 j $500 325 Travel & Training I $2,000 I $2,000 330 Equipment I $500I $2,500 331 Copy Machine ! I $700 I $1,000 332 Computer I I $2,000 ~ $2,000 ~333 Renovation Expense I I $15,000 ~ S 15,000 334 Other j ! S0 I · 401 Supplies/Printing I I $1,400 I $4,500 406 Telephone Service J I $4,800 $5,000 407 Metro Ltne j J $1,380 I $1,300 415 Audit ~ I $850 ! $850 °420 Pnnt~ng ~ i $2,500 424 DIFW Awareness Campaign I I $50,000 ~ $0 425 Postage J I $3,500 ~ $3,500 ~ $4,000 426 Accounting i $3,500 I 500 Convention/Contract Salaries I $0 I 0 502 Solicitation/Travel I $13,000 ~ $4,000 503 Convention Service ~ $2,000 ' 81,500 504 JConvenflon Advems~ng ' $0, 505 tConvenflon Promotional Events $1,000 $800 508 I Convent~on Trade Show $0 §08 Membersh~p/Subscnptlon ~ $1,000 ' $800 Tounsm Salaries/Contract Service $0; 512 Travel/$pemal Projects ~ j $2,500 I $2,000 513 ITourism Serwce J $15,000 $10,000 Page 1 514 ITounsm Advertising I I $17 500 $14,000 426 I Marquee B~llboard ! $16,000 $16,000 515 Tounsm Promot~oal Events I $0 $0 516 Tourism Trade Show I I $10,987 $10,000 517 Tourism Promotional Material I I $12,000 $11,6OO 518 Membership/Subscription ; I $1,800 $1,800 520 F~lm Commission I ~ $3,500 $3,421 521 Brochures i I $0 $0 522 ! V~s~tors Center $ 7,000 $ 7,000 TOTAL DISBURSEMENTS I $311,044 $248,496 $0 $0 '401/420 Combined theses 2 accounts under 401 Suppliee/Pnntlng Page 2 J \~pdocs\res\muse tax RESOLUTION NO. ~{~"Oq~ A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON COUNTY HISTORICAL MUSEUMFOR 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 the Denton County Historical Museum shall make periodic reports to the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds. O~. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the J"7'~ day of ~, 1996. ATTEST: JENNIFER WALTERS, CITY SECRETLY APPROVED AS TO LEGAL FO~. HERBERT L. PRO~Y, CITY ATTO~EY Denton County H2storical Muse~n, Inc. aka Courthouse-on-~e-Square ~useum 1996-1997 Proposed Budget 1 01 Hotel Occupancy Tax $ 69,829 1 02 Bankone Interest 700 1 10E Salary, Dzrector $ (32,651) i llE Salary, Collection MA (17,201) 1 12E Professional/Contract Labor 3,000 1 13E Security/Maintenance 2,000 1.23E Special Events 800. 1 31E Museum Assoc. Membershzps 477 1.30E Media Advertising/Public Relat 8,000 1.32E Professional Journals/Books 100 1 40E Bookkeeping 2,000 1 41E Audit 1,300 1.42E Offlce Supplies 300. 1 60E Insurance 2,700 SUB TOTAL $ 70,529 $ 70,$29 This hotel occupancy tax budget was approved by the Board of Trustees at their regular meeting June 24, 1996 (see minute book) j \~pdocs\reso\hlst tax A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON COUNTY HISTORICAL FOUNDATION, INC. 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, Inc. SECTION II. That the Denton County Historical Foundation, Inc. shall make periodic reports to the City Council at least quarterly l~sting all expendltures made with hotel occupancy tax funds. SECTION II. That this resolution shall become effective zmmediately upon its passage and approval. PASSED AND APPROVED this the /~day of~, 1996. JAC~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY DENTON COUNTY HISTORICAL FOUNDATION, INC.  P 0 Box 2184 l~nton, Texas 76202 DENTON COUNTY OURTHOUSE BUILT Denton County Historical Foundation, Inc. Proposed Budget 1996-1997 Lalor Funds - City of Denton, Texas ~ INCOME EXPENSE 1.00 Lalor Funds City of Denton $5,048. 3.00E HeritageTourism Promotion 2,500 Co-op advertising, brochures; h~storical tour maps, special events 6.00E Heritage Projects - THC Historical 1,000 Markers for City of Denton (curremly in process). 6.01E Heritage Projects - THC H~storical 500. Marker repair/replacement In city of Denton. 6.02E Heritage Projects - Historical Pubhcations 500 City of Denton History/Exhibits. 6.03E Preservation/Operation of Historical 548. Ftrc Truck, City of Denton TOTAL $5,048. $5,048. ] \~pdocs\res\fa~r ~ax RESO UT O A RESOLUTION APPROVING THE FISCAL YEAR 1997 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. §351.101(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 the North Texas State Fair Association shall make periodic reports to the City Council at least quarterly listing all expenditures made wlth hotel occupancy tax funds. SECTION III. That this resolution shall become effective lmmedlately upon its passage and approval PASSED AND APPROVED this the I~ day of~, 1996. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM.' HERBERT L. PROUTY, CITY ATTORNEY North Texas State Fair & Rodeo Proposed Budget for the F~scal Year October 1, 1996 through September 30, 1997 ProJected Cash, October 1, 1996 Receipts. Occupancy Tax 74.036 Disbursements Salaries 45,000 Printing 10,000 Advertising 10,000 Postage 1,500 Utihties 2,000 Office Supplies and Expenses 2,000 Telephone 4,000 Office Equipment Maintenance 500 Office Equipment 3,000 Audit 1.200 Projected Cash after Operatsng Receipts and D~sbursements $14,836 j \~ocs\reso\artstax res RESOL IOH / q&'O47 A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE GREATER DENTON ARTS COUNCIL FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That, in accordance with Tex. Tax Code Ann §351.101(c), the City Council of the City of Denton hereby approves the budget of the Greater Denton Arts Council for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Arts Council SECTION II. That the Greater Denton Arts Council shall make periodic reports to the city Council at least quarterly listing all expenditures made with hotel occupancy tax funds. SECTION III. That th~s resolutlon shall become effective lmmed~ately upon its passage and approval. PASSED AND APPROVED this the ~ day of~, 1996. ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY ~ July 5, 1996 Jon Fortune, Chief F~nance Officer GREATER DENTON C~ty of Denton ARTS Uumc~pal Budding COUNCIL 215 E McKmney =o7 .OUT..EL~ Denton, TX 76201 DIRECTORS Dear Jon v,,, e...,d..,. Please find attached the budget for Lalor funds allocated to the .,ch.,. ~...m Greater Denton Arts Councd ~n the 1996-97 C~ty of Denton Budget B~rb~r. PhiJip$ We have chosen to allocate the funds as ~ndlcated for the following c,.~, ,~,,~..~, reasons "' ~""'y 1 Payroll expenses are the most consistent expenditure ~n terms ' ^'"'.~o. of cash flow and are also the most difficult for which to rase c..,v, ,or~ funds :adenhe&d 2 By allocating the hotel/motel tax to these two categones, the .~.r~,c.,~,o,,. funds wdl be easier to manage and report It should reduce our ~,ck,. ~.~,~ administrative time as well as yours Bonnie McCormick Both our board president and I will be out of town during the second P'"~ "'"'""°" half of July We would be most appreciative ~f our presentation could ..,. s,..,.,~,, be scheduled no earlier than July 30 o,R=cro. I appreciate the courteous and professional manner ~n v,~'llch your ~"~'" "°" office deals w~th us Please let me know ~f you need further ~nformehon Herbert Holl Executive D~rector Enclosure GREATER DENTON ARTS COUNCIL Budget 1996-1997 Hotel/Motel Occupancy Tax Cash Beg~nmng 0 RECEIPTS Hotel/Motel Tax 78,242 Interest 300 TOTAL 78,542 DISBURSEMENTS Administrative Salaries 70,000 Public Programs Meadows Gallery Public Exhibitions 6,500 East Gallery Public Exhibitions 1,000 Performing Arts Events 1,042 TOTAL 78,542 Cash Ending 0 RESOLUTION NO ~q& ' 0~? A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR 1995-96, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the budget adjustments, as indicated on Exhibit "A", attached hereto and incorporated by reference here~n, for the fiscal year 1995-96 are hereby, 1n all th~ngs, approved and rat~fmed SECTION II That this resolutmon shall become effective mmmedmately upon ~ts passage and approval PASSED AND APPROVED this the /J~ day of~, 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Resolution Exhibit A Fiscal Year 1995-96 Year End Budget Adjustment Current Inc (Dec) Mochfied Genera~ Fund Expendaures Budget Amount Budget Karvoumans Court Settlement 0 35,732 35,732 Au'port 118,244 14,000 132,244 Municipal Setwces/Econonnc Development 214,532 13,600 228,132 Facflt~es Management 1,471,104 14,020 1,485,124 En~neermg 1,038,041 (60,000) 978,041 Poi, ce 7,467,754 (17,352) 7,450,402 YEAREI~D WK4 09/12/96 11 06AM Page 1 RESOLUTION NO A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED BY THE PLANNING AND ZONING COMMISSION, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on the 12th day of June, 1996, the Planning and Zoning Commission recommended the capital improvements to be constructed during the forthcoming year, and WHEREAS, the City Manager furnished a copy of the recommenda- tions to the City Council on the 18th day of June, 1996, and WHEREAS, all of the above actlons were taken in compliance with the requirements of Section 10 03{a) (6) of the City Charter, and WHEREAS, the City Council wishes to formally adopt the recom- mendations of the commission, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES S~¢TION I That the Council approves the list of capital improvements proposed to be constructed during the forthcoming year, which is attached hereto and incorporated herein and made a part of this resolution for all purposes SECTION II, That this resolution shall become effective lmmedlately upon its passage and approval PASSED AND APPROVED th~s the /7~-- day of~, 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY B oo ~ ~oooooooo~o ~ ~oooooo ~ ~oo ~ ~ ~oo~. ,,ooooooooooo~, o~ooo,,o ,, ~,oo ,, 32 33 59 I 8oo 8o8 8ooo 76 RESOLUTION NO ~-050 A RESOLUTION APPROVING THE FISCAL YEAR 1997 FINANCIAL PLAN OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 772, AS AMENDED, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Denton has been pre- sented the fiscal year 1997 Financial Plan of the Denco Area 9-1-1 District for approval, in accordance with TEX HEALTH & SAFETY CODE §772 309, as amended, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES ~ That the City Council of the City of Denton hereby approves the fiscal year 1997 Financial Plan of the Denco Area 9-1- 1 District ~ That this resolution shall take effect immediate- ly from and after Its passage ~.,. PASSED AND APPROVED this the /~ day of~, 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE U S DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION FOR ANURBANIZEDAREA FORMULA GRANT AUTHORIZED BY 49 U S C §5307, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget, and WHEREAS, the City has been advised by the U S Department of Transportation Federal Transit Administration that its application for an urbanized grant authorized by 49 U S C §5307 has been approved in the maximum amount of $353,000, and has requested the City to execute the Grant Agreement, and WHEREAS, the Grant Agreement, which incorporates the Federal Trans=t Administration's Master Agreement, will ~mpose certain obl~gatlons upon the applicant, such as the C~ty of Denton, ~ncludlng the provlslon by it of the local share of the project costs ~n the program, and WHEREAS, the U S Department of Transportation requires, in accordance with the provisions of T~tle VI of the C~vll Rights Act of 1964, as amended, that the applicant g~ve 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 ~s the goal of the applicant that minority bus,ness enterprises be utilized to the fullest extent possible ~n connection with the project, and that definite procedures shall be established and administered to ensure that m~norlty 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 T~ That the City Manager is authorIzed to execute an agreement on behalf of the City of Denton, Texas, with the U S Department of Transportation, to aid in the financing of planning, capital and operatlng assistance pro]ects pursuant to 49 U S C §5307 ~ That the C~ty Manager is authorized to execute and flle an assurance or any other document required by the U S Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964 ~ That the Caty Manager or has desagnee as authorized to furnash such addataonal anformataon, assurances, or certaf~cat~ons as the U $ Department of Transportataon may requare an connection wath the program of projects and budget ~ That the Caty Manager as authorized to set forth and execute affirmative minority bus~ness pol~caes an connection with the program of projects and budgets procurement needs for transportation ~ That the Caty Manager as authorazed to execute a grant agreement, an substantially the form of the attached Grant Agreement, whach Ks ancorporated as a part of thas resolution, along w~th any other agreement documents necessary to secure the grant on behalf of the Caty of Denton, Texas wath the U S Department of Transportataon for aad an the fanancang of the planning, capatal, and operatang assastance program of projects and budget, and to expend the necessary funds as may be requared by the condition of the grant ~ That thas resolutaon shall become effective immediately upon ars passage and approval PASSED AND APPROVED th~s the /J~ day of ~, 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY AP E AS TO LEOAL FORM HERB~.RT L PROUTY, CITY ATTORNEY Page 2 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT (Form FTA G-2, October 1, 1995) Upon exeCutton by the Orantee named below, theU S Department of Transportation, Federal Transit Adrmmstratton (Federal Oovemment or FTA) and the Grantee have entered into this Grant Ageeement Ttus Grant Agreement covers the Project described below In addition, the following documents are incorporated by reference and made part oftlus Grant Agreement (1) "Federal Tranm Adrmmstrat~on Master Agreement," Form FTA MA(2), October l, 1995, and (2) Any Award not~ficatmn contalmng special eondmt~ons or reqmrements, ff~ssued THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FINANC~,L ASSISTANCE IF THE GRANTEE DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS AFTER AWARD FTA HEREBY AWARDS A FEDERAL GRANT AS FOLLOWS Pr~ect Number TX-90-X380 Grantee Caty of Denton Desmnated Rectp~ent C~ty of Denton Citation of Statute(s) Authorizing Pr~ect 49 USC § 5307 Est~matet[ Pr~eet Cost $532,750 Mar~mum Federal Funds Approved [Including All Amendments] $353,000 Amount 0fTbas Federal Assistance Award $353,000 Maximum Percentaae(s) of Federal Parttcmat~on 80% capital and planmng, 50% operating Date of Department of Labor Certification(s) of Transtt Employee Protecttve Arrangements Original Pr~ect or Certification Date (Amendment Number) 0 TX-90-X380 May 2, 1996 1 2 3 Project Descnptaon See approved budget Condatlons of Award OBLIGATION DATE FTA AUTHOKIZED OFF~'I~IAL EXECUTION OF GRANT AGREEMENT This Grant Agreement may be samultaneously executed m several counterparts, each ofwbach shall be d~emed to be an original having identical legal effect After the FTA Authorized Offictal has sagned fins Grant Agreement, the Grantee should then execute tl~s Grant Agreement The Grantee, by executing flus Grant Agreement, ratifies and adopts all statements, representataons, warrantaes, covenants, and materials subrmtted by at, accepts the Federal Government's grant award, and agrees to all terms and conditions oftlus Grant Agreement gxecutedth~s /7~ dayof~, 19 TIT~. A~D O]~GAF~ATION T~TL~LND ORGANIZATION APPROVAL DATE APPROVED PROJECT BUDGET PAGE 1 08/20/96 G~U~TEE C~TY oF DENTO~ DENTON, TEXAS GP. ANT NO TX-90-X380-00 BUDGET NO 01 FEDERAL AMOUNT TOTAL AMOUNT SCOPE 111-01 BUS - ROLLING STOCK $ 142,480 $ 178,100 QUANTITY 1 ACTIVITY 11 12 02 BUY REPLACEMENT 35-FT BUS $ 142,480 $ 178,100 QUANTITY 1 SCOPE 113-01 BUS - STATION/STOPS/TERMINALS $ 21,600 $ 27,000 ACTIVITY 11 32 10 PURCH/INSTALL PSGR A~NITIES $ 16,000 $ 20,000 11 32 20 PURCHASE MISC STATION EQUIP $ 4,000 $ 5,000 11 34 09 REHAB ROUTE SIGNING $ 1,600 $ 2,000 SCOPE 117-01 BUS - OTHER CAPITAL ITEMS $ 66,920 $ 83,650 ACTIVITY 11 72 11 DEMONSTRATION OZONE ALERT $ 5,152 $ 6,440 PROGRAM 11 79 00 PROJECT ADMINISTRATION $ 61,768 $ 77,210 TOTAL CAPITAL $ 231,000 $ 288,750 SCOPE 300-01 OPERATING ASSISTANCE $ 122,000 $ 244,000 ACTIVITY 30 09 00 OPERATING ASSISTANCE FOR THE $ 122,000 $ 244,000 PERIOD 10/1/96 TO 9/30/97 TOTAL $ 353,000 $ 532,750 ESTIMATED NET PROJECT COST $ 532,750 FEDERAL SHARE $ 353,000 LOCAL SHARE $ 179,750 SOURCES OF FEDERAL FINANCIAL ASSISTANCE FUNDING UZA 489510 FUNDING UZA NAME DALLAS-FT WORTH, TX ACCOUNTING PREVIOUSLY A~NDM~NT CLASSIFICATION FP~ DESCRIPTION APPR0V~D AMOUNT TOTAL 96 61 90 AZ 2 00 FY 1996, SEC 9K $ 0 $ 5,152 $ 5,152 CAPITAL 96 21 90 91 i 00 FY 1996, SEC 9 $ 0 $ 225,848 $ 225,848 CAPITAL APPROVAL DATE APPROVED PROJECT BUDGET PAGE 2 08/20/96 GRANTEE CITY OF DENTON DENTON, TEXAS GRANT NO TX-90-X380-00 BUDGET NO 01 ACCOUNTING PREVIOUSLY AMENDMENT CLASSIFICATION FP~ DESCRIPTION . APPROVED AMOUNT TOTAL 96 21 90 91 1 04 FY 1996, SEC 9 $ 0 $ 122,000 $ 122,000 OPERATING SUB TOTAL $ 0 $ 353,000 $ 353,000 RESOLUTION NO ~ A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, AND DECLARINGANEFFECTIVE DATE WHEREAS, the term of office for Places 2 and 4 on the Board of Directors of the North Texas H~gher Education Authority, Inc , have expired, and WHEREAS, the Board has nominated Dr Governor Jackson for Place 2 and Ms. Neta Stalllngs for Place 4 on the Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION I That Dr. Governor Jackson is hereby reappointed to Place 2 on the Board of D~rectors of the North Texas H~gher Educa- tion Authority, Inc for a term commencing October 1, 1996 and contlnuing through September 30, 1998 SECTION II That Ms Neta Stallings is hereby reappointed to Place 4 on the Board of Dzrectors of the North Texas H~gher Educa- tion Authority, Inc for a term commencing October 1, 1996 and continuing through September 30, 1998 SECTION III That this resolution shall become effectzve immediately upon 1ts passage and approval PASSED AND APPROVED th~s the /~ day of~, 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY AP ED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY d \~PDOCS\RE$\LOTTOTAX RES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, SUPPORTING LEGISLATION TO REQUIRE THE TEXAS LOTTERY COMMISSION TO RETURN FIVE CENTS OF EVERY LOTTERY SALES DOLLAR TO THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Lottery Commission has conducted the Texas Lottery since its implementation in 1992; and WHEREAS, Senator Tom Haywood has proposed legislation that would require the Texas Lottery Commission to return five cents of every lottery sales tax dollar to the city where the sales were transacted; and WHEREAS, the return of this revenue would benefit to the citizens of Denton in the delivery of municipal servIces, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I, That it supports legislation to return five cents of every lottery sales tax dollar to the City of Denton. SECTION II. That the City Manager is authorized to forward a copy of this resolution to the Honorable Tom Haywood, Texas State Senator, Wichita Falls, Texas. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~' day of,~~J, 1996. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:~ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: E \WPDOCS\R~S\BILES APT RESOLUTION NO ~ A RESOLUTION APPOINTING A PERSON TO THE ECONOMIC DEVELOPMENT SALES AND USE TAX TASK FORCE TO REPLACE A RESIGNING MEMBER, AND PROVIDING AN E FECT VE DATE WHEREAS, on the ~'~W/day of~ 1996, the City Council passed Resolutlon No R96-O~ , appointing 32 persons to the Sales and Use Tax Task Force, and WHEREAS, one of Councllmember David Biles' appointees to the Sales and Use Tax Task Force has resigned, and WHEREAS, Councllmember Biles has now recommended another person to serve on that Task Force, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That ~_~ ~~ is hereby appointed to serve on the Economic Development Sales and Use Tax Task Force to replace Llndsay Keffer who has resigned SECTION II That this resolution shall become effective immedIately upon its passage and approval PASSED AND APPROVED this the/~ day of~, 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY / E \WPDOCS\RES\BD APT RESOLUTION NO ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION TO ALLOW MEMBERS OF GOVERNMENTAL BODIES TO DELIBERATE BOARD AND COMMISSION MEMBER APPOINTMENTS IN EXECUTIVE SESSION UNDER TEX GOV'T CODE §551 074, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Munlcmpal League holds an annual conference to dmscuss matters of mmportance to local governmng bodmes around the State, and WHEREAS, the Annual Conference ms scheduled for November 13- 16, 1996 in Corpus Christi, and WHEREAS, oplnmons of the Attorney General have held that cmty councmls are not authormzed to delmberate appomntments of advisory board, commmssmon, and committee members under Tex Gov't Code §551 074, because such persons are not officers or employees of the governing body, and WHEREAS, the Cmty Council belmeves that confmdentlal dellberatmons concerning City boards or commissions should be allowed mn executmve sessmon, regardless of whether the board or comm~ssmon ms discretionary or advisory, and WHEREAS, such action would require an amendment to Tex Gov't Code §551 074, and WHEREAS, the Cmty Councml belmeves that such an amendment would be of benefmt to local governmng bodmes around the State, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council requests the Texas Municipal League to consider sponsormng legislation to amend Tex Gov't Code §551 074 to allow governmental bodmes to dmscuss appomntments to boards, commmsslons, and commmttees, regardless of whether the board or commlssmon ms discretionary or advmsory, mn executive session SECTION II That the Cmty Manager is authormzed to forward a copy of th~s resolution to Mr Frank Sturzl, Executive Director of the Texas Municipal League SECTION III That this resolution shall become effectmve mmmedlately upon mts passage and approval PASSED AND APPROVED thms the~q day of~, 1996 JACK ~LLER, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM. HERBERT L PROUTY, CITY ATTORNEY Page 2 T \~PDO~$\RE~\PURA RES RESOLUTIO NO. A RESOLUTION AUTNORIZING THE CITY MANAGER TO REQUEST THE TEXAS MUNICIPAL LEAGUE TO MONITOR LEGISLATION BY THE 75TH LEGISLATURE TO FURTHER CHANGE THE PUBLIC UTILITY REGULATORY ACT URTIL TEXAS HASAN OPPORTUNITY TO UNDERSTAND THE EFFECTIVENESS OF THE CHANGES THAT ARE CURRENTLY BEING ADOPTED FOR THE WHOLESALE ELECTRIC MARKET IN TEXAS; AND DEOLARING AN EFFECTIVE DATE. WHEREAS, the Texas Legislature made significant changes to the Public Utility Regulatory Act (PURA) law in 1995 regulatlng to the electric utility industry; and WHEREAS, the regulatory rules and procedures for these changes have been adopted; and WHEREAS, these changes will allow competition in the electric wholesale market; and WHEREAS, this wholesale market will benefit all Texans; and WHEREAS, Denton operates ~t's own electric system; and WHEREAS, if the Texas Legislature adopts retail wheeling, Denton is very concerned that ~t could raise electric rates and ~ncreaee taxes in Denton; and WHEREAS, there is no experience with retail wheeling in the United States; and WHEREAS, Texas has a healthy economy and is creating more than any other state with the existing electric utility structure; and WHEREAS, record numbers of industries and businesses are moving into Texas, partly because of the lower than average cost of electricity in Texas; and WHEREAS, the adoption of retail wheeling could remove the electric price advantage that is critical in promoting economic development in Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager is hereby authorized and directed to request that the Texas Municipal League monitor legislation by the 75th Legislature for further changes to the Public Utility Regulatory Act until Texas has an opportunity to understand the effectiveness of the changes that are currently being adopted for the wholesale electric market in Texas. SECTION II That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the~ day of ~ 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON ACCEPTING THE RESIGNATION OF COUNCILMEMBER JEFF KRUEGER AND EXPRESSING SINCERE APPRECIATION FOR HIS UNSELFISH SERVICE AS A COUNCILMEMBER FOR DISTRICT 2, REQUESTING THE GOVERNOR TO PROCLAIM ANEMERGENCY TO ALLOW THE CITY COUNCIL TO CALL AN EMERGENCY ELECTION UNDER THE TEXAS ELECTION CODE TO FILL THE VACANCY IN THE DISTRICT 2 CITY COUNCIL SEAT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Councalmember Jeff Krueger, representatave of Dastrict 2, submitted a wratten letter of resignation to the Mayor and the City Council at its September 17, 1996 meetang, in accordance with Tex Elec. Code §201 001, and WHEREAS, the City Council washes to accept, with regret, Councilmember Krueger's resignation, in accordance with Tex Elec Code §201 023, and WHEREAS, the City Council wishes to express appreciation for Councilmember Krueger's unselfish service as a representative of District 2, and WHEREAS, Section 2 04 of the Caty Charter requires that all vacancies on the Council be falled by a special election held on a Saturday within sixty (60) days following the creation of the vacancy, and there is no uniform election date available for such election durang the required period, and WHEREAS, the City Council understands that, regardless of any provisions in the Texas Constatutlon to the contrary requiring Councilmember Krueger to contanue to serve until he as sworn anto another public office or his successor has been elected and qualafied to serve, that Councllmember Krueger intends to vacate h~s seat on the City Council and not continue to serve ~n order to prepare for his new public office as County Commissioner, and WHEREAS, the City Council, which is composed of seven members, does not want District 2 to be unrepresented and, due to numerous 4-3 votes on the Council over land use, economic development, and other issues, the Councal considers that thas situation creates an emergency which may not only leave Distract 2 unrepresented, but may make it difficult for the Caty Council to make decisions an a timely fashion on important assues affecting the publac health, safety, or welfare, upon which there is a difference of opinion on the City Council, due to the probabalaty of 3-3 votes on many of the issues during the time the office is vacant, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. The City Council accepts, wath regret, the resig- nation of Counczlmember Jeff Krueger, and expresses 1ts sincere appreciation for his sincere unselfish service SECTION II The City Council requests that the Governor grant it permission to order an emergency election to fill Councllmember Krueger's vacancy for the reasons expressed mn the preambles to this resolution, so that an election can be held within the sixty day period required by the Denton City Charter The Council further requests that the Governor issue an order or proclamation for an emergency election allowing this special election for the vacancy to be filled on a date other than the next avaIlable uniform election date, in accordance w~th Tex Elec Code §41 0011 SECTION III. That the Mayor and the City Manager are authorized to contact the Governor's office and to send, with all due dispatch, a certified copy of this resolution to Governor George Bush, along with a request that he proclaim an emergency election to allow the City of Denton to order the special election to be held within the Charter time period on a date other than a un~form election date SECTION IV. That this resolution shall become effectlve immediately upon Its passage and approval PASSED AND APPROVED this the ~/~day of~, 1996 JAC~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 J \~PDOCS\RE$\GTE RES RESOLUTION NO ~ A RESOLUTION RETAINING HAYNES AND BOONE, L.L.P AND HELM, PLETCHER, BOWEN & SAUNDERS, L.L P., TO REPRESENT THE CITY OF DENTON IN ITS FRANCHISE FEES DISPUTE WITH GTE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, GTE Southwest Incorporated and/or related entitles (collectively, "GTE") provides telephone service to individuals, businesses and other public and private entities within the corporate limits of the City of Denton ("City") pursuant to a franchise granted by the City; and WHEREAS, the City has reason to believe and does believe that GTE has failed and refused to pay franchise fees owed the City, and WHEREAS, GTE has refused the City's request for an audit of accounting records of GTE pertaining to the calculation and payment of franchise fees under the franchise granted GTE by the City; and WHEREAS, GTE has sued the City and other cities seeking judgment that GTE has fully paid all franchise fees, and for other relief; and WHEREAS, the City and other cities have sued GTE seeking to compel an audit of accounting records and to recover unpaid franchise fees and for other relief, and WHEREAS, the lO-person Mediation Committee formed by the City and other cities (comprising the Steering Committee of Cities Participating in the GTE Franchise Fee Dispute) for the coordina- tion of their defense of the claims asserted by GTE against the cities and for the prosecution of the claims asserted by the cities against GTE ("Mediation Committee"), has recommended that the cities retain the law firms of Haynes and Boone, L.L.P. and Helm, Pletcher, Bowen & Saunders, L L.P (collectively, "Counsel") as attorneys for the cities for the defense of the claims asserted against the cities by GTE and for the prosecution of the claims asserted against GTE by the cltles, on the terms described in the attached contract for legal services, which is attached to this resolution as Exhibit "A"; and WHEREAS, it is desirable and convenient for the City to appoint the Treasurer of the Steering Committee to serve as the City's agent and attorney-In-fact for the limited purpose of consenting to certain proposed scheduling orders and other procedural matters on behalf of the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES' SECTION I. That the City Manager be and hereby is authorized to enter into a contract with Counsel, on behalf of the City of Denton for legal services relating to the defense of the claims asserted against the c~ties by GTE relating to the payment of franchise fees to the City by GTE and for the prosecution of the claims asserted against GTE by the cities relating to the payment of franchise fees to the City of GTE, and to compensate Counsel in accordance to the terms and conditIons expressed ~n the form of contract attached to this Resolution as Exhibit "A" SECTION II. That Michael A. Bucek, First Assistant City Attorney, be and hereby is appointed the City's agent and attorney- in-fact for the llmited purpose of consenting on the City's behalf (after obtaining a consensus for each such consent from the Mediation Committee) to varlous scheduling orders and other procedural matters relatlng to the defense of the claims asserted by GTE against the cities and for the prosecution of the claims asserted by the c~ties against GTE. SECTION IV. That this resolution shall become effective Immediately upon lts passage and approval PASSED AND APPROVED thls the~ day of~ 1996. JAC~ -- ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY OUTSIDE COUNSEL AGREEMENT Thru AGREEMENT m made between THE CITY OF Denton ("C~ty") and the law firms of HAYNES AND BOONE, L L P ("Haynes and Boone") and HELM, PLETCHER, BOWEN & SAUNDERS, L L P ("Helm, Pletcher") (collectively "Counsel") for profesmonal services, subject to the terms and conditions set forth below 1. Scope of Representation. The C~ty hereby retains Counsel to represent the C~ty ~n the defense of clmms asserted by GTE Southwest Incorporated and/or related ent~t~es (collectively, "GTE") against the C~ty and other c~t~es (collectively, the "C~t~es") and ~n the prosecution of claims asserted by the C~t~es against GTE relating to the payment of franchme fees by GTE to the C~t~es (all such clmms are referred to collectively as the "Clmms") 2. Contingent Fee. Counsel w~ll receive twenty-hve percent (25%) of the Gross Sum (as defined) of any settlement made prior to the start of jury select~on ~n a jury trial (or the first introduction of ewdence ~n the case of a non-jury thai to the court) Counsel w~ll receive thirty-three percent (33%) of the Gross Sum (as dehned) of any settlement or recovery made after jury select~on starts ~n a jury thai (or after the hrst ~ntroduct~on of evidence m the case of a non-jury trial to the court) "Gross Sum" means the total recovery or settlement of money or other th~ngs of value after deducbng the costs and expenses reimbursed to Counsel (L~t~gabon Expenses" pa~d pursuant to paragraph below) and any attorneys' fees awarded by a court ~or work done by Counsel The C~ty authorizes Counsel to require that any settlement check be made payable jointly to the C~t~es and Counsel and agrees that, after endormng the check, ~t w~ll allow Counsel to cash the same and make payment to the C~t~es of each respective C~ty's porbon of the Gross Sum recovered 3. Non-Cash Settlements. If the Clmms are settled ;n whole or ;n part by the C~t~es' receipt of anything of value other than cash, Counsel shall be entitled to receive, at the t~me of settlement, (in addition to payment of the apphcable Counsel contingent percentage of any cash received) payment ~n cash of the apphcable Counsel contingent percentage of the net present value of any non-cash cons~derabon Should the parbes to this agreement fa~l to agree as to any subject of th~s paragraph, then the dmpute w~ll (hke any other disputes relating to th~s Agreement) be resolved by arbitration pursuant to paragraph hereof OUTSIDE COUNSEL AGREEMENT Page 1 4. Litigation Expenses. The Cities agree to pay or reimburse all reasonable costs and expenses of ht~gabon up to the amount of $70,000 00 If and when such $70,000 00 has been expended, Counsel agree to advance future costs and expenses ~nc~dent to the performance of legal serwces ~ncurred on behalf of the C~t~es ~n connection w~th the Claims and the C~t~es agree Counsel are to be reimbursed for those costs and expenses out of any recovery or settlement before any mon~es are pa~d to the C~t~es These costs and expenses ~nclude, but are not hm~ted to, flhng fees, expert fees and expenses, court reporter charges, fees and expenses of th~rd-party ht~gabon support serwces and/or trial consultants, photocopying, long d~stance phone charges, messenger serwces, travel expenses and computer~zed legal research charges 5, Estimates The C~ty understands that any estimates prowded by Counsel or the magmtude of expenses or fees that w;ll be required at certa;n stages of any hi,garcon asserting the Claims are not prec;se and that the k~nds and amounts of expenses required are ultimately a funct;on of many conditions over which Counsel has httle or no control, parbcularly the extent to which the opposlt;on hies pretrial motions and engages m ~ts own d;scovery 6. Ownership or Partial Assignment of the Claims The C~ty hereby warrants that ~t ~s the sole owner of the Claims To secure the performance of the C~ty's obhgabons, as set forth ~n th~s Agreement, the City hereby transfers and assigns to Counsel an und~wded ~nterest ~n the Claims, such ~nterest being equivalent to the amount or percentages that the C~ty, by th~s Agreement, promises to pay for the services of Counsel Should Counsel elect to terminate th~s Agreement under paragraph hereunder, they will release their ~nterest ~n the Claims 7. No Other Assignment or Lien. The C~ty agrees that it shall not assign ~n whole or ~n part or otherwise grant any hen against the Claims or the proceeds from ~t, other than the assignment granted by the preceding paragraph, w~thout the prior written consent of Counsel 8. Counsel's Right to Terminate, (A) Should the C~ty elect to abandon any ht~gat~on asserbng the Claims, should the conduct of the C~ty seriously prejudice the prospects of successful prosecution of such hbgat~on (including but not hm~ted to the hhng of a bankruptcy proceeding ~nvolwng the C~ty), should any w~llful failure by the C~ty e~ther to d~sclose material facts then Counsel shall have the nght to terminate th~s Agreement as to the C~ty and to OUTSIDE COUNSEL AGREEMENT Page 2 demand and receive payment for all unre~mbursed expenses Counsel advanced on behalf of the C~ty prorated ~n accordance w~th the method previously used to assess costs among the C~t~es (B) The C~ty shall have the sole and exclusive r~ght to accept or reject any offers for settlement of the Claims However, the C~ty shall have an obhgabon to weigh fully the op~mons and recommendabons of Counsel and shall not unreasonably w~thhold consent to a settlement proposal which ~n the good faith judgment of Counsel ~s a fair and reasonable bas~s for the d~spos~bon of the Claims Should the C~ty unreasonably w~thhold ~ts consent to fair and reasonable settlement, Counsel shall have the r~ght,to terminate th~s Agreement as to the C~ty and to demand and receive payment for all unre~mbursed expenses Counsel advanced on behalf of the City prorated ~n accordance w~th the method prewously used to assess costs among the C~t~es (C) Should ~t become the opinion of Counsel at any t~me that the City's Claims lacks merit (for example, because of ~nab~hty to verify the C~ty's claims through w~tnesses, because of adverse developments ~n the law, or because of a mater~al adverse change in the financial condition of GTE), then Counsel shall have the option to terminate th~s Agreement as to the C~ty and be reheved of any obhgat~on to participate ~n any pending htlgat~on ~nvolwng the Claims (D) Should the C~ty fa~l to pay w~th~n 45 days of ~ts receipt of each ~nvo~ce the costs and expenses which ~t ~s obhgated to pay under th~s Agreement, then Counsel may w~thdraw from further representation of the C~ty, after written not~ce of Counsel's ~ntenbon to do so 9 Designation of Cltltes' Representative Wh~le Counsel recogmze they are represenbng each ~nd~wdual C~ty ~n connection w~th the Claims and are w~lhng as reasonably needed to communicate ~nd~wdually w~th each C~ty, the C~t~es recogmze that a representative of the C~t~es should be designated to communicate w~th Counsel on day-to-day matters such as scheduhng and prooedural ~ssues The C~tles (comprising the Steering Committee of the C~t~es Parbc~pat~ng ~n the GTE Franchise Fee D~spute) have formed a 10-person Mediation Committee for the coord~nabon of their defense of the c a~ms asserted by GTE against the C~t~es and for the prosecution of the claims asserted by the C~t~es against GTE ("Mediation Committee") The C~ty hereby designates M~ke Bucek, F~rst Assistant C~ty Attorney for the City of Denton to be the C~ty's agent and attorney-~n-fact for the hm~ted purpose of consenting on the C~ty's behalf, after obtaining a consensus for each such consent from the Mediation Committee, to commumcate w~th Counsel regarding various scheduhng orders and other prooedural matters ~n connecbon w~th the prosecubon and defense of the Claims OUTSIDE COUNSEL AGREEMENT Page 3 10. No Guarantees. The C~ty hereby acknowledges that Counsel have made no guarantees regarding the successful outcome of th~s matter and all expressions about the outcome are only opinions and are not warranbes of any result or outcome 11. Association of Co-Counsel. It ~s understood that Counsel may, at their expense, contract w~th other attorneys for the performance of certain work for the C~bes ~n connecbon w~th the Claims and that Haynes and Boone and/or Helm, Pletcher may pay part of the fees they receive under th~s Agreement to such attorneys for the serwces rendered by them 12 The City's Acknowledgment. The C~ty acknowledges that ~t has consulted other counsel concermng the negotiation of th~s Agreement, the C~ty has made sufhc~ent ~nvesbgat~on and ~nqu~ry to determine that th~s Agreement ~s fair and reasonable to the C~ty, and that th~s Agreement was the product of arm's-length negot~ahon w~th Counsel 13. Dispute Resolution Any d~spute ans~ng out of, ~n connection w~th, or ~n relabon to the ~nterpretat~on, performance, or breach of th~s Agreement, ~ncludmg any claim of legal malpractice, shall be resolved, by final and binding arbitration conducted in Dallas, Texas, adm~mstered by and ~n accordance w~th the then ex~sbng rules of practice and procedure ~n arb~trahon of the Amencan Arb~trabon Assoclabon, and any judgment upon any award rendered by the arbitrator may be entered by any state or federal court having lunsd~ct~on thereof 14. Severability. If any part of th~s Agreement shall for any reason be found unenforceable, the part,es agree that all other portions w~ll nevertheless remain vahd and enforceable 15. Integration Th~s Agreement represents the hnal and mutual understandings of the parbes It replaces and supersedes any prior agreements or understandings, whether written or oral Th~s Agreement may not be mod~hed, amended, or replaced except by another s~gned written agreement OUTSIDE COUNSEL AGREEMENT Page 4 AGREED TO AND ACCEPTED BY: George W Bramblett, Jr, Partner DATE HAYNES AND BOONE, L L P 901 Ma~n Street, State 3100 Dallas, Texas 75202-3789 J Donald Bowen DATE HELM, PLETCHER, BOWEN & SAUNDERS, L L P 2929 Allen Parkway, Suite 2700 Houston, Texas 77019-2157 q',~a 'R,~.~-~ ..-]~ . City Manager DATE CITY OF ]3ent:on d-0346174 01 OUTSIDE COUNSEL AGREEMENT Page $ Ne t Document E \WPDOCS\RES\PARK LND A RESOLUTION CALLING A PUBLIC HEARING AND REQUIRING THAT NOTICE OF THE PUBLIC HEARING BE GIVEN IN ACCORDANCE WITH CHAPTER 26 OF THE PARKS AND WILDLIFE CODE TO OBTAIN PUBLIC COMMENT CONCERNING THE PROPOSED EXCHANGE OF APPROXIMATELY 13 08 ACRES IN ABSTRACT 616 AND 1007 OLPT OF SOUTH LAKES PARK FOR APPROXIMATELY 5 105 ACRES IN ABSTRACT 186 NEAR EVERS PARK FROM THE DENTON INDEPENDENT SCHOOL DISTRICT FOR THE PURPOSE OF FACILITATING THE CONSTRUCTION OF A MIDDLE SCHOOL ON THE 13 08 ACRES OUT OF SOUTH LAKES PARK, AND PROVIDINGAN EFFECTIVE DATE WHEREAS, the Denton Independent School District ("DISD") needs approximately 13 08 acres out of South Lakes Park to construct a new middle school and related improvements, and WHEREAS, since both the City of Denton ("City") and the DISD are governmental entities having the power of eminent domain, there is no requirement for an election to be held prior to the exchange, subject to Tex Loc Gov't Code §253 001, nor is there a require- ment for competitive sealed bidding in accordance with Tex Loc Gov't Code §272 001, and WHEREAS, the 13 08 acres was purchased with funds from the Land and Water Conservation Fund of the Texas Local Parks, Recreation, and Open Spaces Fund, requiring that notice be pub- llshed and a public hearing be held regarding this project prior to the actual consummation of same, in accordance with Chapter 26 of the Parks and Wildlife Code, and WHEREAS, both DISD and the City, in accordance with the Joint Use Agreement which the parties entered into on December 20, 1983, propose to jointly use the school and park facilities for both school and recreational purposes, and WHEREAS, the City Council deems it in the public interest to call a public hearing and to require that notice be posted in accordance therewith, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council hereby calls a public hearing, in accordance with Chapter 26 of the Parks and Wildlife Code, to take place in the City Council chambers at 7 00 p m on November 5, 1996 for the purpose of receiving public comments con- cernlng whether the City should exchange 13 08 acres out of South Lakes Park, being in abstract 616 and 1007 in the City and County of Denton, Texas, and being more fully described in the attached public notice, for approximately 5 105 acres out of abstract 186 near Evers Park from the Denton Independent School District for the purpose of constructing a new middle school and related improve- ments and to meet the requirements of said Chapter 26 SECTION II. That the City Secretary is hereby directed to give gotice of such public hearing as follows 1 To give notice in writing to the person, organization, department, or agency that has supervision of the land purposed to be used or taken at least 30 days before the date of the public hearing 2 To publlsh notice in the Denton Record-Chronicle once a week for three consecutive weeks, with the last day of publication not being less than one week or more than two weeks before the date of the hearing, in substantially the form of the attached Exhibit "A", which is made a part of this resolution for all purposes ~ECTION III That this resolution shall become effective immediately upon 1ts passage and approval PASSED A/~D APPROVED tn~s the /~ day of ~, 1996 ATTEST. JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM. HERBERT L PROUTY, CITY ATTO~RNEY Page 2 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held in the City Council chambers of the City of Denton, Texas at 215 East McKlnney, Denton, Texas, beginning at 7 00 p m on the 5th day of November, 1996 during its regularly scheduled City Council meeting The hearing will be held pursuant to Chapter 26 of the Texas Parks and Wildlife Code concerning the following program or projects on City park property The City proposes to transfer approximately 13 08 acres out of South Lakes Park, being in abstract 616 and 1007 in the City and County of Denton, Texas for approximately 5 105 acres in abstract 186 in the City and County of Denton, Texas, near Evers Park from the Denton Independent School District This action would allow the Denton Independent School District to construct a middle school and related improvements on the 13 08 acre tract, while the City would utilize the 5 105 acre tract for park and recreational purposes The City and the Denton Independent School District propose 3oint use of the 13 08 acre tract for school and park and recreational purposes under their existing Joint Use Agreement Any member of the public may make arrangements to inspect schematic drawings showing the exact location of the tracts proposed to be exchanged and contains additional information on the project by contacting Ed Hodney, Director of Parks and Recreation at (817) 566-8271 Ail members of the general public are invited to attend and provide comments ~ \~PDOG$\RE$\UPPERT RES RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONSENTING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY THE UPPER TRINITY REGIONAL WATER DISTRICT NECESSARY FOR THE CONSTRUC- TION OF A REGIONAL TREATED WATER TRANSMISSION SUPPLY LINE IN THE CITY OF DENTON FOR SERVICE TO THE CITY OF CORINTH AND FOR LAKE CITIES MUNICIPALUTILITY AUTHORITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Upper Trinity Regional Water District (the District) was created pursuant to H.B. #3112 (the Act) passed by the 71st Texas Legislature in Regular Session (1989); and WHEREAS, the Act authorizes the District to exercise the power of eminent domain in a municipality in Denton County upon receipt of prior consent of the municipalIty as evidenced by a written resolution; and WHEREAS, the City of Denton is a member of the District and is represented on the Board of Directors of the District; and WHEREAS, on July 11, 1996 the District's Board of Directors approved an alignment for a regional water transmission pipeline to supply the city of Corinth and Lake Cities Regional Municipal Utllity Authority (LCMUA); and WHEREAS, the proposed regional water transmission pipeline requires the District to acquire land, easements, rights-of-way, and property and improvements within the boundaries of the City of Denton; and WHEREAS, the Clty Council has no objection to the proposed pipeline and is agreeable to glvlng 1ts consent to the District to exercise the power of the eminent domain within the City, if necessary, to obtain the required lands, easements, rights-of-way, and other property to construct a regional water transmission pipeline to supply the City of Corinth and LCMUA as generally depicted on Exhibit "A", a copy of which is attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That all rec~tatxons contained ~n the above Preamble are found to be true and correct and are hereby incorpo- rated in the body of this Resolution by reference, as if cop~ed ~n their entirety. SECTION II. That the city of Denton does hereby give its consent to the Upper Trinity Regional Water District to exercise its power of eminent domain within the c~ty limits of the C~ty of Denton to obtain the necessary land, easements, rights-of-way, and other property and improvements to carry out the referenced portion of the Regional Treated Water Project in accordance with the pipeline alignment recommended by Alan Plummer Associates, Inc. and approved by the District Board of Directors on July 11, 1996 as generally depicted on Exhibit "A". SECTION III. That this Resolution shall become effective immediately upon its passage. PASSED AND APPROVED this the /~ day of~, 1996. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVm. D AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY DENTON L~ko f~fl# MUA A \INVEST POL Note Amended by Resolution No R97-026 Amended by Resolution No R97-077 Amended by Resolution No R98-067 Amended by Resolution No R99-047 Amended by Resolution No R2000-065 Amended by Resolution No R2001-072 RESOL ION A g&/ A RESOLUTION ADOPTING AN INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Dmrector of Fmscal Operatmons for the Cmty of Denton ("Director") has presented a proposed polmcy regardmng the Investment of City funds and the polmcy's purpose is to provide the gumdellnes by which the Cmty of Denton will mamntamn the mlnzmum amount of cash mn mts bank accounts to meet dally needs, and to provide protection for mrs principal wh~le receiving the hmghest yield possible from investing all temporary excess cash and the City Councml has prevmously adopted that polmcy, and WHEREAS, the Cmty Council desires to adopt an amended Invest- ment Polmcy to comply with changes in the Public Funds Investment Act, as recommended by the Dmrector, as an offmcmal policy regardmng mnvestment of funds of the City, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I, That the following polmcy, attached hereto and made a part hereof, ~s hereby adopted as an offlcmal polzcy of the Cmty of Denton, Texas pursuant to the provmslons of the Public Funds Investment Act, 74th Leg R S , ch 402 1995 Tex Sess Law Serv 2958 (Vernon) (Tex Gov't Code Ann ch 2256) Investment Polmcy (Reference No 408 04) SECTION II That the foregomng polmcy Ks attached hereto and made a part hereof and shall be fmled mn the offmcmal records of the City of Denton wmth the Cmty Secretary SECTION III The foregomng polmcy replaces the Investment Policy (Reference No 408 04) whmch became effective September 12, 1995 SECTION IV That this resolutmon shall become effective immediately upon mrs passage and approval PASSED AND APPROVED thms the /~t~day of~ , 1996 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY PAGE 2 ATTACHMENT A CITY OF DENTON PAOE ,oF ,o POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION FINANCE POLICIES REFERENCE NUMBER 408 04 SUBJECT INVESTMENTS INITIAL EFFECTIVE DATE 02/17/87 TITLE INVESTMENT POLICY LAST REVISION DATE 09/12/95 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 and liquidity 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, Tex Gov't Code Ann ch 2256 II SCOPE A This Investment Pohcy apphes 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 Flrcmen's and Pohcemen'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 or this policy Cash equivalent assets of the General Fund, Community De~,elopment 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, Economic Development Corporation Fund and any other fund of the City not specifically excluded in these policy guidelines III INVESTMENT STRATEGY 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. AAA04818 PAGE 2 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE INVESTMENT POLICY ] REFERENCE NUMBER 408 04 1 Investment strategies for operating funds and commingled pools contmnmg operating funds have as their primary object~ve to assure that anticipated cash flows are matched with adequate investment hqu~dity The secondary objective is to create a portfoho structure which will experience minimal volatdlty during economic cycles This may be accomplished by purchasing high quality, short to medmm-term securities which will comphment 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 Investment strategies for debt serwce funds shall have as the primary objective the assurance of investment hqu~d~ty adequate to cover the debt servtce obbgat~on 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 ob.lective the ability to generate a dependable revenue stream to the approprmte debt service fund from securities with a Iow degree of volatdtty Securities should be of h~gh quahty and, except as may be required by the bond ordinance spectfic to an individual ~ssue, of short to intermediate-term maturities Volatdity shall be further controlled Chrough the purchase of securities carrying the highest coupon available, w~thm the desired maturity and quahty range, w~thout paying a premmm, if at all possible Such securlttes will tend to hold their value during economic cycles 4 Investment strategies for special projects or specml purpose fund portfohos wdl have as their primary objective to assure that ant~cipated cash flows are matched w~th adequate investment hqmdity These portfohos should include at least 10% m h~ghly hquld securities to allow for flexi,bfl~ty and unanticipated project outlays The stated final maturity dates of securities held should not exceed the estimated project completion date IV OBJECTIVE A The overall strategy of the C~ty's investment objective shall be to ensure a)the understanding of smtabflity of investment to the financml requirements of the C~ty, b) preservation and safety of principal, c) hquld~ty, d) marketabd~ty of the investment, ff the need arises to liquidate the investment before maturity, e) d~vers~ficat~on of the investment portfoho, and f) y~eld AAA04818 PAGE 3 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE INVESTMENT POLICY [ REFERENCE NUMBER 408 04 In terms of day-to-day investment purposes, the core objectives of the City's investment pohcy 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 object,ye shall be hqmd~ty and the final object,ye shall be the yield of the investment B To prevent the posslbthty of loss of resources, the Ctty will attempt to ~dentffy and limit exposure to market price risk, default risk, or not revest m a manner which is contrary to applicable federal and state regulations C To enable the City to meet operating reqmrements that m~ght be reasonably anticipated, the City's investment portfolio will remain sufficiently hqmd Llqmd~ty shall be achieved by matching investment maturities w~th forecasted cash flow requirements and by Investing m securities w~th active secondary markets D Management of the investment portfoho will strive to achieve a rate of return commensurate w~th the legal, safety and hqmday considerations In any event, y~eld should exceed the average rate of return of secondarily-traded three (3) months U S Treasury Bills, or the average Federal Reserve D~scount rate, whmhever ~s h~gher The first measure of success In this area will be the attainment of enough income to offset mflatmnary increases Even though steps will be taken to obtain th~s goal, the C~ty's staff shall constantly be cogmzant of risk hmltat~ons pursuant to the proms~ons of the amended Pubhc Funds Investment Act, Tex. Gov't Code Ann Sec 2256 006(a) E All participants m the investment process shall seek to act responsibly as stewards of pubhc assets Officers and employees revolved m the investment process shall refrain from personal business act~wty that could conflict w~th proper execution of the investment programs, or whmh could lmpfilr thetr ability to make ~mpartml investment decisions Anyone involved m investing C~ty funds shall file with the Executive Director of F~nance and the Investment Committee a statement d~sclosmg any personal business relationship and any material financml interest m financial restitutions that handle C~ty investments Any investment officer who ~s related within the second degree by affinity or consangmmty as determined under the Tex Gov't Code Ann ch 573 to an individual seeking to sell an investment to the C~ty shall file a statement d~sclosmg that relationship w~th the City Council and the Texas Etlucs Commission The D~rector of F~scal Operations, shall avoid any transactions that m~ght m~patr pubhc confidence m the C~ty's ability to govern effectively The governing body recogmzes that m d~versffymg the portfoho, occasmnal measured losses due to market volatility are mewtable, and must be considered w~thm the context of the AAA04818 PAGE 4 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE INVESTMENT POLICY [ REFERENCE NUMBER I 408 04 overall portfoho'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, authorized 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 m&vldual(s) responsible for investment transactions The primary individual who shall be involved m 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 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," as set forth in Tex. Gov't Code Ann Sec 2256 006 and will be apphed in the context of managing an overall portfolio "Investments shall be made with judgement AAA04818 PAGE 5 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) ITITLE INVESTMENT POLICY I REFERENCE NUMBER 408 04 and care under circumstances then prevailing -- which persons of prudence, discretion and lntelhgence 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 mcome to be derived" Investment officials meeting th~s standard shall be reheved of personal respons~bdlties for an individual security's credit risk or market price change, provided deviations from expectations are reported m 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 m 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 provlded quarterly, andshall l)descr~bemdetaflthemvestment posmon of the City as of the end of the reporting period, 2) contain a summary statement of each pooled fund covering a) begmmng market value, (b) additions and changes to the market value during the reporting period, and c) state the ending market value of each invested asset at the beginning and end of the reporting period by type of asset and 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 Oty as it relates to the investment strategy of the City and with relevant provisions of the Tex Gov't Code ch 2256 W~thm sixty (60) days of the end of the Calendar Year, the Director of Fiscal Operations shall present a comprehensive annual report to the City Council on the investment program and investment actlwty The annual report shall provide a separate quarterly comparison of returns and suggestions for nnprovements that might be made in the investment program The City Council shall review and approve the investment pohcy and investment strategies at least annually F The guidelines of retaining records for seven years, as recommended in the Texas State Ltbrary Muntctpal Records Manual should be followed The Director of Fiscal Operations shall oversee the filing and/or storing of investment records AAA04818 7 PAGE 6 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE' INVESTMENT POLICY [ REFERENCE NUMBER408 04 I G Wire transfer authorization forms shall be kept on file with banking mst~tut~ons The authorization form shall identify individuals authorized to make wire transfers and the lnstituttons designated to receive the w~re transfer The Director of Fiscal Operations or other authorized representative of the C~ty should complete a transfer notice and give it to the proper Finance Department personnel The transfer confirmation received from the bank should be agreed w~th th~s not,ce and the appropriate journal entry made W~re transfers shall not be executed without written confirmatton from the authorized city staff person and the proper exchange and verification of personal ~dentfficat~on numbers H In the event of the absence of the D~rector of F~scal Operations, the authority to revest m maturities beyond six (6) months shall be regulated by the controls and procedures outhned by the Executive Director of Finance VII INVESTMENT A Idle funds of the C~ty of Denton may be invested in 1 Obhgat~ons of the Umted States of America, ~ts agencies and mstrumentahtles (maturing m less than five (5) years), 2 Direct obhgat~ons of the State of Texas and agencies thereof (maturing m less than two (2) years), 3. Other obhgatlons, the principal of and interest on which are unconditionally guaranteed or insured by or backed by the full faith and credit of the State of Texas or the Umted States of America or its agencies and mstrumentahtles (maturing in less than two (2) years), 4 Obhgations of the States, agencies thereof, Counties, Cities, and other pohtlcal subdiwslons of any state hawng been rated as investment quality by a nationally recogmzed 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 ~ssued by state and national banks or savings and loans assocmtions, domiciled in Texas, guaranteed or insured by the Federal Deposit Insurance Corporation or its successors or the National Cre&t Share Insurance Fund or its successor secured by obhgat~ons described m 1 through 4 above, and that have a market value of not less than the pnnc~pal amount of the cemficates but excluding those AAA04818 PAGE. 7 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE INVESTMENT POLICY REFERENCE NUMBER 408 04 mortgage backed secumles as described m the Tex Gov't Code Sec 2256 009(e) (maturing in less than one (1) year), 6 Fully collaterahzed &feet repurchase agreements w~th a defined termination date secured by obhgatlons of the Umted States or tts agencies and mstrumentalmes pledged wah a third party, selected and approved by the C~ty through its D~rector of F~scal Operations, other than an agency for the pledgor and deposited at the t~me the investment is made w~th the City Repurchase agreements must be purchased through a primary government securmes dealer, as defined by the Federal Reserve, or a bank domiciled in Texas Each ~ssuer of repurchase agreements must s~gn a copy of the C~ty's Master Repurchase Agreement (termmatmn date must be 30 days or less), 7 Joint pools of poht~cal sub&wsions m the State of Texas whmh revest m ~nstruments and follow practices allowed by current law (Maximum average dollar-weighted maturity must be 60 days or less) B The C~ty's authorized investment options are more restrictive than those allowed by State law Furthermore, th~s pohcy specffically prolub~ts investment m the following investment securities 1 Obhgatlons whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no pnnc~pal 2. Obhgations whose payment represents the principal stream of cash flow from the underlying mortgage-hacked secumy collateral and bears no ~nterest 3 Collaterahzed mortgage obhgat~ons that have a stated final maturity date of greater than 10 years 4 Collaterahzed mortgage obhgat~ons the interest rate of which ~s determined by an index that adjusts opposite to the changes m a market index C It is the pohcy of the City of Denton to d~versffy ~ts investment portfohos The &versfficat~on will protect interest income from the volatility of interest rates and the avoMance of undue concentration of assets m a specific matumy sector, therefore, portfoho maturmes shall be staggered Securmes shall also be selected which provMe for stabd~ty of income and reasonable hqmd~ty Dwemficat~on strategies shall be determined and rewsed penodtcally by the Investment Committee In estabbshmg specffic &vemficat~on strategies, the two (2) following general pohc~es and constraints shall apply AAA04818 PAGE 8 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Conthmed) TrrLE INVESTMENT POLICY REFERENCE NUMBER 408 04 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 mstrumentahtles, repurchase agreements, Insured/collaterahzed certificates of deposit and other securities or obhgaUons The Investment Committee shall conduct a quarterly review of these guldehnes, and shall evaluate the probability of market and default risk in various investment sectors as part of its considerations Risk of principal loss m the portfoho as a whole shall be minimized by diversifying investment types according to the following lumtatlons Investment Type % of Portfolio · U S Treasury Notes/Bonds/Bills 100% · U S Agencies 50% · State of Texas ObhgaUons & Agencies 15% · Local Government Investment Pools 15% · Local Government Obhgat~ons 10% · Repurchase Agreements 10% · Certificates of Deposit 10% 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 ~nmated by brokers/dealers who are on the Oty's approved hst E Investments will be solicited on a competmve basis with at least three (3) institutions The Investment Commmee can approve excepuons on a case by case bas~s or on a general basis m the form of gmdehnes These gmdehnes shall take into consideration the investment type maturity date, amount, and potentml d~srupUveness to the City's investment strategy The investment will be made with the broker/dealer offering the best yield/quality to the City AAA0481S lo PAGE 9 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE INVESTMENT POLICY I REFERENCE NUMBER I 408 04 VIII SELECTION OF BANKS AND DEALERS A City Council shall, by ordinance, "select and designate one or more banking restitutions as the depository for the monies and funds of the City" m accordance with the requirement of Tex Log Gov't Code ch 105 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 formahzed bidding process in response to the City's request for proposal (RFP) outlining all services required The Investment Committee shall have the d~scretlon to determine the time span for reblddmg the banking services contract, however, a two year period will be the maximum length of time between reb~ddmg 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, ewdence of Federal insurance and other reformation as required by the Director of Fiscal Operations E The Investment Committee shall be responsible for selecting brokers and dealers of government securities Their select, on shall be among only primary government securities dealers that report directly to the New York Federal Reserve Bank, unless a comprehensive credit and cap~tahzatlon analys~s reveals that other firms are adequately financed to conduct pubhc business The Investment Committee shall base its evaluation of security dealers and financial mmtutlons upon 1. Fmancml conditions, strengtfi and capabd~ty 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 tt 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 Commatee or with banks selected as outlined m VIII, Section C To guard against default possibilities AAA04818 11 PAGE 10 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE INVESTMENT POLICY I REFERENCE NUMBER 408 04 under these conditions, and to assure &versification 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 PRINCIPAL 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 collaterahzation in the form of original safekeeping receipts held in instautions's trust department or at a third party insmutlon not affiliated with the bank or bank holding 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 rewewed monthly to assure the market value of the securmes 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 estabhshed 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 substautlon 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, lJ S Treasury Securities shall be the primary securities accepted as collateral D All transactions will be accomphshed with authorized security dealers and financial restitutions on a dehvery-versus-payrnent (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 AAA04$1$ RESOLUTION NO ~~- 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 ~ That the City of Denton fully supports the entry of the Denton Main Street Program in the Great American Main Street Awards competition ~ That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /~day of ~, 1996 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM' HERBERT L PROUTY, CITY ATTORNEY PAGE 2 RESOLUTION NO ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON CONSENTING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY THE UPPER TRINITY REGIONAL WATER DISTRICT NECESSARY FOR THE CONSTRUCTION OF THE REGIONAL TREATED WATER TRANSMISSION SUPPLY LINE FOR THE CITY OF SANOER IN THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Upper Tnmty Regtonal Water District (the "District") was created pursuant to H B 3112 (the "Act") passed by the 71st Legislature in Regular Sessmn 1989, and WHEREAS, the Act anthonzes the Dlsmct to exercise the power of eminent dommn m a mumcapahty m Denton County upon rece,pt of prior consent of the mummpallty as evadeneed by a written resoluUon, and WHEREAS, the City of Denton is a member of the Dmmct and ~s represented on the Board of Directors of the District, and WHEREAS, on January 4, 1996, the District's Board of D~rectors approved the ahgmnent of Phase 1 C, a water ~ansmlssion line to supply the Caty of Sanger, pursuant to an agreement w~th the City of Denton, and WI-IEREAS, the Project requires the Dastnct to acqmre land, easements, rights-of-way, and property ~mprovements w~thm the Caty of Dentun's boundaries, and WHEREAS, the City of Denton plans to parUc~pate m the cost, capacity, and benefits of the water plpelme, and WHEREAS, the City of Denton will secure easements and ngins-of-way for that portion of the water pipeline m winch the City of Denton m part~clpaUng, and WHEREAS, the City Council supports the Project and as agreeable to g~vmg its consent to the Dlsmct to exert, se the power of the eminent domain within the City, if necessary, to obtain the required lands, easements, rights-of-way, and other property to carry out that portion of the project cons, sUng of a water transnusmun line to supply the City of Sanger as generally depleted on Exinint "A", a copy of winch is attached hereto and made a part of tins resoluuon for all purposes, except consent as not granted to the Dmmct where Denton is securing the easements and nghts-ofoway, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That all matters stated m the preamble are found to be true and correct and are hereby incorporated into the body of tins resolutmn as ~f copies ~n their enUrety ~ That the City Council does hereby give its consent to the Upper Tnmty Regional Water District to exercise its power of eminent dommn w~ttun the city hm~ts to obtmn the necessary land, easements, rights-of-way, and other property and improvements to carry out the referenced pomon of the Regional Treated Water Pro3eet m accordance w~th the pipeline alignment recommended by Alan Plummer Associates, Inc And approved by the District Board of D~rectors on January 4, 1996, generally as indicated on Exbablt "A' ~ That tins resolutmn shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED ttus the/.~ day of ~ 1996 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY C \WPDOCS\ORD\SANGER WTR Page 2 N~J 2_95 ~5 0. '~6/9~ 15~13 UPF"F-..R TRINITY ;~D -, EXHIBIT "A" POINT --- F~GURE ES 1 RECON~END~D Al IGN~ENT Next Do,¢ument T \WPDOCS\RRS\CHAMBER RES A RESOLUTION APPROVING THE FISCAL YEAR 1997 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 §351 101(c), the City Council of the City of Denton hereby approves the budget of 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 Denton Black Chamber of Commerce SECTION II That Denton Black Chamber of Commerce shall make periodic reports to the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds SECTION III That th~s resolution shall become effective Immediately upon ~ts passage and approval PASSED AND APPROVED this the ~ day of~ , 1996 JA~MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY ~.D~ ~--~ APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 10-25-1995 03 40 8173829695 JOHN E BARNES P C P 02 Budget 96-97 OBCC Dea~0n Black Chamber or Commerce Sta~-inefl~ of Ca~lm Refllp~m~d glebunememl~ .... For ~.mr Ending ~QtellJ~er 30, 1991 ~nnual , m C~h.ae~innmq~ mmmmm R~mpts InttlUSt [ncaa Salaries Dt~tors ~flfe ~ab[ht~ InlOmn~ Trmnin~ & ~ravel Orh~ Suppl~ Tel=phone Audit ~intin~ Advertmn~ T ~nvention ~omotion T~rtmm ~omouon 3~,~ gm~hurff Total Dlsbuqemem DisburscmentF) ~sh m Bapk 'otld Cash Pmgel T \WPDOCS\RES\FESTIVAL RES RESOLUTION NO ~ A RESOLUTION APPROVING THE FISCAL YEAR 1997 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 §351 101(c), the City Council of the City of Denton hereby approves the budget of Denton Festival Foundation for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the C~ty and Denton Festival Foundation SECTION II. That Denton Festival Foundation shall make periodic reports to the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds S~CTION III That this resolution shall become effective Immediately upon its passage and approval PASSED AND APPROVED th~s the ~3{~ day of~, 1996 JA~MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY AP~OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ~vz;;z=u ~ 28 FAX 817 500 7007 ARTS & JAZZ FEST ~02 DENTON FESTIVAL FOUNDATION, INC 1996-97 HOTEL OCCUPANCY TAX BUDGET -- l~t 2nd 3rd 4th ANNUAL ~larter Quarter Quarter Qua tar BUDGET :TE"E'Q~c) ~r) (~e) (Jul -Sept) INCDME $%000.00 $5,000.00 $5,000 O0 $5, O0 00 $20,000.00 EXPENSES Printing ) ~000.00 $1, 00.00 Advertils(ng ~,000.00 $2,500 O0 .. $2~500.00 $1~ 00.00 Tourism Promotion $ 500.00 $1,500.DO ~2,500 O0 $2~ O0.OD Brochures :, 50D.O0 $1,000.00 $1, i00.00 TOTAL i,O00.O0 $~,000.00 $5,000.00 $5,)00 O0 $20,000 O0 *Our lis:al year is Julyl-June 30 and the 4th Quarter w~ll overlap the nexE f~scal year in preparation for the lg98 Dentor Arts & Jazz ;est(va T \~PDOCS\RE$\#~$TOR~C RES RESOLUTION NO. ~ A RESOLUTION APPROVING THE FISCAL YEAR 1997 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: ~CTION 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 Denton Historic Landmark Commission for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and Denton Historic Landmark Commission. ~ That Denton Historic Landmark Commission shall make periodic reports to the city Council at least quarterly listing all expenditures made with hotel occupancy tax funds ~. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of~, 1996. ATTEST~ JENNIFER WALTERS, CITY SECRETARY A~OVED AS TO LEGAL FORM. HERBERT L. PROUTY, CITY ATTORNEY 0CT-15-1996 1G 56 CITY OF DENTON PLANNING P 02x02 Denton Historic Landmark Commms~on Hotel Occupancy Tax AIIocabon Budget LExpenditures 96-97 I Allocation ] Historic Subject Markers 1,000 00 Total 1'000 00 1 TOTAL P 02 RESOLUTION NO.R ' A RESOLUTION APPROVING THE FISCAL YEAR 1997 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: ~. That, in accordance with Tex. Tax Code Ann. §351.101(c), the City Council of the City of Denton hereby approves the budget of Denton County Amphitheatre Association for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the city and Denton County Amphltheatre Association. ~ That Denton County Amphitheatre Association shall make periodic reports to the city Council at least quarterly listing all expenditures made with hotel occupancy tax funds. ~u~. That this resolution shall become effective immediately upon 1ts passage and approval. PASSED AND APPROVED this the ~ day of~, 1996. ATTEST= JENNIFER WALTERS, CITY SECRETARY AP ED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 10/2! '96 16'54 ID 6 N B SANGER FAX 817-458-3536 PAGE 2 DENTON COUNTY AMPHITHEATRE ASSOCIATION, INC, Proposed HOT Fund Budgets lgg$.tg97 and 1997-1998 Page 1 of 1 ITEM lg99-tg97 AMOUNT lggT.19g8 AMOUNT POSTAGE CORRESPONDENCE $200 00 $500 00 BROUCHURES $1,000 00 $2,000 00 TOTAL POSTAGE $1~ $2500.00 PRINTING STATIONARY $500 O0 $500 O0 BROCHURES $1,000 00 $1,000 00 TOTAL PRINTING $1.500.00 $1.500.0Q PROFESSIONAL ASSOCIATION MEMBERSHIPS $300.00 TRAVEL $2,500,00 CO-OP ADVERTISING BILLBOARDS $2,000 00 TOTAL CO.OP ADVERTISING $2~000.00 TOTAL HOT FUNDS $3,0oo.0o $8.8oo.og RESOLUTION NO ~q~--O~ A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON HISPANIC CHAMBER OF COMMERCE FOR HOTEL OCCUPANCY T/LX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF TNE CITY OF DENTON HEREBY RESOLVES SECTION I That, in accordance with Tex Tax Code Ann §351 101(c), the City Council of the Czty of Denton hereby approves the budget of Denton Hispanic Chamber of Commerce for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the C~ty and Denton H~span~c Chamber of Commerce SECTION II That Denton Hispanic Chamber of Commerce shall make periodic reports to the City Council at least quarterly l~stzng all expenditures made with hotel occupancy tax funds SECTION III That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED th~s the ~'~day of~, 1Rg6 JAC~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Tomasa L GarCON 8173825681 10/24/~ 996 OF 35 30 P~ ~ ? Project Cost Analysis HOTEL TAX OCCUPANCY TAX REVENUE FOR 1996-97 CITY OF DENTON Denton Hispanic Chamber of' Commerce 1607 E McKINNEY ST, SUITE 900 DENTON, TX 76201 EI7/383-2901 Fax: 817/382-S681 October 24, 1996 !stimated Costs I I I Attendance at TAMACC Quarterly Board Meetin8 November 22-23, 1996 $12S O0 x 2 directors S2SO O0 Aetendonce at TAMACC Quarterly Board Meetinl! March, 1997 SI2S O0 x 2 d~rectors S2S0 O0 Attendance et TAMACC State Convention July, 1997 (3-day convention) S2S0 x 2 d~rectors (registration) S$00 O0 I T~., I s~oo0 o0 I RES.C.ULLY SUB..TTED DY TOM~SAL GANC,~ M EO CflAIRPERSON,/CEO DENTON HISI;ANIC cflAMBEROF COMMERCE OCTOBER 21, 1996 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 ~n- corporated by reference herein The Mayor, or ~n his absence the Mayor Pro Tem, ~s hereby authorized to execute said agreement on behalf of the City S~CTION II That this resolution shall become effective Immed- iately upon ~ts passage and approval PASSEDAND APPROVED this the /~7~ day of T~~.k~ , 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY / THE STATE OF TEXAS ) ) COUNTY OF DENTON ) JNT~RLOCAL COOPERATION AGREEMENT ~dVlBULANCE SERVICE THIS AGREEMENT Is made and entered into thls./~ff- day of ~, 1996, by and between DENTON COUNTY, a political subdlvis~on of the State of Texas, herelnafier referred to as "County" and the "CITY OF DENTON", a municipality located m Denton County, Texas, hereinafter referred to as "City" WHEREAS, County is a duly organized political subdlwslon of the State of Texas engaged m the adnumstratwn of county government and related services for the benefit of the citizens of Denton County, and WHEREAS, City is a municipality engaged m the prowslon of ambulance service and related services for the benefit of the citizens of Denton County, and WHEREAS, City ~s an owner and operator of certmn ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirm, or injured and has m its employ such trmned personnel whose duties are related to the use of such vehicles and eqmpment, 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 apphcable statutes and contracts pursuant thereto, NOW, THEREFORE, County and City for the mutual consideration hereinafter stated, agree as follows IN~ERLOCAL COOPERATION AGREEMENT FOR AMBULANCE 1 DENTON 1996-97 I The effective date of this agreement shall be the I st day of October, 1996 II The term of this agreement shall be for the period of October 1, 1996 to and through September 30, 1997 Each party may terminate this agreement by giving the other party written notice of intent to tenmnate 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 immed~ate action and In which the element of t~me 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 m fact exist ~s solely up to the dlscretlon of the Clty For dispatch purposes only, "emergency" shall include, but not be hrmted to I 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 adnumstered, 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 w~thln the boundaries of Denton County, Texas, and without the corporate hnuts of all incorporated cities, towns and villages within smd County C "Urban area" means any area within said County, within the corporate hnuts 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 m a situation involving an emergency (as such word is herelnabove defined) INTERLOCAL COOPERATION AGREEMEFff FOR AMBULANCE SERVICES DENTON 19~6-97 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 hereinabove 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 m 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 detemune pnontms m 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 ume and attentmn to the execution of smd 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, m 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 dutms and obligations of City as hereinafter stated, devote sufficient time and attention to the execution of smd duties on behalf of City m full compliance w~th 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, m INTERLOCAJ, COOPERATION AGREEMENT FOR AMBULANCE SERVICES DENTON 1996-97 the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of City and County VII For the serwces heremabove stated, County agrees to pay Provider a fee of $269,507 16 based on a funding formula as follows F~rst, the readiness sum Is 739 per capita based on population, for a maximum of $77,558 05 Second, a sum of $376 00 per ambulance run will be prod, for a maximum of $66,928 00 Th~s sum is based upon the number of runs made by Provider m fiscal year 1996 Third, a fixed sum wdl be prod based on s~ze of covered rural area, for a maximum of $125,021 11 Payments wdl be pa~d quarterly, commencing on October 1, 1996 The remmnmg payments shall be made respectively on or before January 1, 1997, April 1, 1997, and July 1, 1997 The population and mileage figures used were obtained from North Central Texas Councd of Governments An ambulance call ~s defined as the actual treatment and transport of a pattent to a medical facd~ty If the patient ~s not transported, them would be no ambulance call according to th~s agreement The Provider transporting the patient shall receive payment regardless of the service dehvery area m which the call originated The Provider shall submit all requests for payment using a standard~zed ambulance transportation reporting form approved and provided by the County The form shall be submitted w~thm five (5) days of performance by the Provider Repomng forms shall be completed m full and contain accurate patient reformation Forms may be submitted by personal dehvery, U S mini, facstnule, or computer hnk Completed forms shall be subrmtted to the office of the Denton County Ftre Marshall VIII County agrees to and accepts full responsththty for the acts, neghgence and/or omissions of all County's officers, employees and agents IX City agrees to and accepts full respons~bdlty for the acts, neghgence and/or omissions of all City's officers, employees and agents INTERLOCAL COOPERATION AGREEMENT FOR AMEULANCE SERVICES Di~NTON 1996 9'7 X In the event of any default m 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 noUce to the other party m writing of such default and intention to declare this agreement terminated Unless the default is cured as aforesaid, th~s agreement shall ternunate as If that were the day originally fixed herein for the expiration of the agreement XI This agreement may be temunated at any ume by either party giving sixty (60) days advance notice to the other party In the event of such ternunaUon 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 C~ty be overcompensated on a pro rata basis for all services performed to ternunaUon date and/or be overcompensated reimbursable expenses as authorized by this agreement, then County shall be reimbursed pro rata for all such overcompensatlon Acceptance of such reimbursement shall not consUtute a wmver of any claim that may otherwise arise out of this agreement XII The fact that County and City accept certmn responsibilities relating to the rendermg of ambulance services under th~s agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these wtal services be recognized as a governmental function and that the doctnne of governmental immunity shall be, and it Is hereby, revoked to the extent possible under the law Neither C~ty nor County woaves nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against clmms 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, e~ther written or oral This agreement may be amended only by written instrument signed by both parties INTERLOCAL COOPI~RATION AOREEMENT FOR AMBULANCI~ ~5 SERVICES DENTON 1996-97 XIV Th~s agreement and any of sts terms or prowstons, as well as the rights and duttes of the partes hereto, shall be governed by the laws of the State of Texas XV In the event that any port,on of thts agreement shall be found to be contrary to law, ~t ts the mtent of the parttes hereto that the remalmng porttoas shall rematn valid and tn full force and effect to the extent posstble XVI The understgned officer and/or agents of the partes hereto are the properly authorized officials and have the necessary authority to execute th~s agreement on behalf of the partes hereto and each party hereby cemfies to the other that any necessary resoluttons extended smd authority have been duly passed and are now m full force and effect INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE SERVICES DENTON 1996-97 EXECUTED tn duplicate originals, th~s the/~day of~~]~, 1996 COUNTY CITY DENTON COUNTY, TEXAS CITY OF DENTON 110 WEST HICKORY 215 EAST MCKINNEY DENTON, TEXAS 76201 DENTO~X/AS_ ~.~7:2,0~1. _ By By Title Jeff Moseley Denton County Judge Acting on behalf of and by Acting on behalf of and by the authority of DENTON COUNTY the authority of the City of Commsss~oners Court of DENTON, TEXAS Denton County, Texas ATFEST BY B Tim Hodges ~C,6j S,~tary Denton County Clerk APPROVED AS TO FORM Assistant D~stnct Attorney C~ty Attorney APPROVED AS TO CONTENT APPROVED AS TO CONTENT Denton County Ftre Marshall Fire Chief RESOLUTION NO 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 zs attached hereto and zncorporated by reference herezn, and the Mayor ls hereby authorzzed to execute said agreement on behalf of the C~ty SECTION II That thzs resolution shall become effective immed- iately upon ~ts passage and approval PASSED AND APPROVED this the /~'~ day of~, 1996 JAC~MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APP~VED AS TO L~GAL FORM HERBERT L PROUTY, CITY ATTORNEY AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE Recitals The Cmty of Denton currently provides emergency medical ser- vices to the cmtlzens of Denton The Cmty of Argyle would like to contract wmth the Cmty 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 A=reement This Agreement ms made on the /~ day of ~ , 199~ , between the City of Denton, Texas ("Denton"), and The City of Argyle ("Argyle") The partmes agree as follows 1. Definitions Emeraencv Medical Services or E M S means personnel and ground transportatmon vehicles used to respond to an mndlvldual's perceived need for mmmedlate medmcal care and to pre- vent death or aggravation of physmologlcal or psychological illness or mn]ury 2. Denton to Provide EMS to Argyle. Denton shall provide emergency medmcal servmces to Argyle in response to requests for emergency medmcal services in accordance with this Agreement Ail requests for emergency medical services for persons residing in the corporate lmmmts of Argyle shall be communicated to Denton in the manner specmfmed 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 medmcal services to other entitles Denton shall have the sole right and discretion, without being mn breach of this Agreement and without llabllmty 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 ms whmch 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 th~s Agreement determined by multiplying the population in Argyle by Five Dollars and Seventy-flve Cents (1,800 x $5 75) The population figure used shall be that contalned in the latest edition of the North Central Texas Council of Government's Realonal 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 not~ce, 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 th~s Agreement 7. Term The term of this Agreement shall be in one year ~ncre- ments, beginning on October 1, 1996 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 th~s Agree- ment at any time without cause by g~v~ng 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 fall 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 Ail not~ces 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 McKlnney P 0 Box 1035 Denton, Texas 76201 Argyle, Texas 76226 PAGE 2 10. Agreemen~ Not for Benefit of Third Parties Thzs 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 thzs Agreement except upon the prior written consent of the other EXECUTED on the ~l day of ~ , 199~_ CITY OF DENTON, TEXAS JAC~/M I LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY CITY OF ARGYLE ATTEST . · PAGE 3 RBSOL TION NO 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 Czty of Krum for ambulance servzces, a copy of which ~s attached hereto and ~ncorporated by reference here~n, and the Mayor is hereby authorized to execute said agreement on behalf of the C~ty ~ That this resolution shall become effective immed- iately upon ~ts passage and approval PASSED AND APPROVED thls the/~~ day of /~ , 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 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 GOV'T CODE ANN §791 001, et seq , (Vernon 1994), a city may contract to provide emergency medical services to the county or another city Ar_~ent This Agreement is made on the ~/ day of ~J~t~ . 199 [~, between the City of Denton, Texas ("Denton"), and The City of Krum ("Krum") 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 ~llness or injury 2. Denton to Provide EMS to Krum. Denton shall provide emergency medical services to Krum in response to requests for emergency medical services in accordance with this Agreement Ail 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 th~s 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 Fee 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 multlplylng the population in Krum by Five Dollars and Seventy-five Cents (1,650 x $5 75) The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Reqlonal Directory The annual payment shall be paid to Denton mn equal quarterly payments on or before October 1, January 1, April 1, and July l, of each annual term Denton may, after giving prior notice, suspend service to Krum during any period of time Krum ~s delinquent in the payment of any undisputed service fee 5. Patient Charges In addition to the service fee paid by Krum, Denton may charge and collect from persons provmded emergency medical services, the patient fees established by ordinance of Denton 6. ~overnmental 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 mt 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, 1996 and contmnulng to September 30 of the following year and thereafter from year to year until termi- nated in accordance with thms Agreement 8. Termination; Default Either party may terminate thlsAgree- 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 defaultmng party fall to correct the default wmthln thirty days of the date notmce of default is sent, the other party may declare the Agreement termmnated Krum shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination 9. Notices Ail notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows To Denton To Krum City Manager Mayor City of Denton City of Krum 215 E McKlnney P O Box 217 Denton, Texas 76201 Krum, Texas 76249 PAGE 2 10. Agreement Not for Benefit of Third Parties Thzs 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 2/ day of ~~1__, 199 ~ CITY OF DENTON, TEXAS BY JAC~ ATTEST. JENNIFER WALTERS, CITY SECRETARY CITY OF KRUM ATTEST SECRETARY PAGE 3 RESOLUTION NO ~ A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE SERVICES, AND DECLARINGAN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ 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 ~ That this resolution shall become effective ~mmed- lately upon its passage and approval PASSED ANDAPPROVED this the /~ day of ~, 199~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY AGREEMENT FOR AMB%W-.%NCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM The City of Denton currently provides emergency medical ser- vices to the citizens of Denton The City of Krum would l~ke to contract with the City of Denton to receive emergency medlcal 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 AigN §791 001, eS~, (Vernon 1994), a city may contract to provide emergency medical services to the county or another city ~hl' Agreement is made on the J-~ day of 199_~, between the City of Denton, -Texas (,,Denton"), and The City of Krum {,,Krum") The parties agree as follows ons Kmeraencv Medical Services or E M S. means 1. Definiti - ~= .... ~-~ s used to respond to an personnel and ground transporna~u~ v=,,..le and to pre- ~ndividual s perceived need for immediate medical care , ' 1 vent death or aggravation of physiological or psychologlca ~llness or injury 2. Denton to Provide EMS to Krum. Denton shall provide emergency medical services to Krum in response to requests for emergency medical services in accordance with th~s Agreement Ail requests for emergency medical services for persons residing ~n the corporate limits of Krum shall be communicated to Denton ~n 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 entlt~es Denton shall have the sole right and discretion, without being in breach of th~s 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 Fee In consideratmon 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 Five Dollars and Seventy-fmve 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 Reaional 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 5. Patient Charges. In addition to the service fee paid by Krum, Denton may charge and collect from persons provided emergency ordinance of ' s medical service , the patient fees established by Denton · nor shall be aeeme~ hereby ~u ----~, ~inst claims made waives, ailable to it aga lense that ~ould otherwise be ~ .... ,l~ina from this Agreement or arising ~rom any act or omission ?. 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 untll termi- nated in accordance with this Agreement 8. Termination; Default Either ~a~ty may terminate this Agree- time without cause by g}vlng ninety (90) days advance ment at any ............ ~,,in~ the date of termination notice in writing ~o t~e o:nesL_~5~'~ = is A~reement, the other If either party preaches a .......... t-, written notice of the de- party shall give the oezaululn9 efaulting party fail to correct the default fault Shoul~ the d _ ~ e of default is sent, the.?t~r ' ' thirt ~ays of th~ date not_c u shall be £1aDle within Y. - ...... - --~inated. Kr_m . t ma declare t~e Ag~em~-u ~-..~= -m~r~o~ medical services par y Y ~ ~-- to Denton pro raua ~u~ 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 Krum To Denton Mayor City Manager C~ty of Krum City of Denton 215 E McKinney p O Box 217 Denton, Texas 76201 Krum, Texas 76249 PAGE 2 10. Agreement Not £or Bena£it o£ 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. Assi~ment Neither party shall assign this Agreement except upon the prior written consent of the other EXECUTED on the J3~day of ~' 199~ CITY OF DENTON, TEXAS BY' jA~T .~ .FIR, MAYOR ATTEST: JENNIFER WALTERS , CITY SECRETARY HERBERT ~. PROUTY, CITY ATTOP-NEY ATTEST' PAGE 3 A \AMBULANC 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 Csty 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 P~SSED AND APPROVED this the /~ day of ~~_, 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY A \SANGER K A~REEMENT FOR AMBULANCE SERVICE BETWEEN THE CiTY OF DENTON AND THE CITY OF SANDER 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 recemve emergency medical ser- vmces 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 Aareement This Agreement is made on the 21st day of October , 199 6 , 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 Ail 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 entitles 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 (3,950 x $5 75) The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Realonal 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 ImmunityNot 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, 1996 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 th~sAgree- ment at any time without cause by g~v~ng ninety (90) days advance notice in writing to the other, specifying the date of termination If e~ther 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 fall to correct the default wlthln thlrty 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 Ail notices sent under th~s 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 McKlnney P 0 Drawer 578 Denton, Texas 76201 Sanger, Texas 76266 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 /~7~ day of ~ , 199~_ CITY OF DENTON, TEXAS BY JAC~ ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY CITY ~..' ~ ~ ATTEST ~ . /~, ~ - PAGE 3 RESOL TIO NO /fg& *4{ A RESOLUTION APPROVING AN INTERLOCAL AMBUL~/NCE 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 resolutlon shall become effective immed- iately upon its passage and approval PASSED AND APPROVED thls the /~ day of ~ , 1996 ATTEST JENNIPER WALTERS, CITY SECRETARY AP ED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY A \SHADYSH K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CiTY OF SHADY 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 medical services 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 seq , (Vernon 1994), a city may contract to provide emergency medical services to the county or another city Aareement ! Thls Agreement is made on the /~ d%y of ~, 199~ , between the City of Denton, Texas ( Denton ), and The City of Shady Shores ("Shady Shores") The parties agree as follows 1. Definitions Emerqency 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 ~llness or ln3ury 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 Ail 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.S. Shady Shores 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 Shady Shores, 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 mn which to respond to a request for emergency medzcal servmce 4. Service Fee In consmderatmon for provzdlng emergency medm- cal servzces to Shady Shores, Shady Shores agrees to pay to Denton an annual sum durmng each year of thms Agreement determmned by multmplymng the population mn Shady Shores by Fmve Dollars and Seventy-fmve Cents (1,300 x $5 75) The population flgure used shall be that contamned mn the latest edltmon of the North Central Texas Council of Government's Reamonal Dmrectorv The annual payment shall be pamd to Denton mn equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term Denton may, after gmvlng prmor notmce, suspend servmce to Shady Shores durmng any permod of tmme Shady Shores ms delmnquent mn the payment of any undmsputed servmce fee 5. Patient Charges In addltmon to the servmce fee paid by Shady Shores, Denton may charge and collect from persons provmded emergency medmcal servmces, the patient fees establmshed by ordm- nance of Denton 6. Governmental Im~unity Not Waived Neither Denton or Shady Shores wamves, nor shall be deemed hereby to wamve, any mmmunmty or defense that would otherwise be available to mt agamnst clamms made or armsmng from any act or ommsslon resulting from thms Agreement 7. Term The term of this Agreement shall be mn one year Incre- ments, begmnnmng on October 1, 1996 and contmnumng to September 30 of the following year and thereafter from year to year untml termi- nated mn accordance wmth thms Agreement 8. Termination; Default Emther party may termmnate thmsAgree- ment at any tmme wmthout cause by g~vlng ninety (90) days advance notice in writing to the other, specifying the date of termmnatmon If emther party breaches a provms~on of thms Agreement, the other party shall give the defaultmng party wrmtten notmce of the de- fault Should the defaulting party fa~l to correct the default wmthmn thmrty days of the date not~ce of default is sent, the other party may declare the Agreement termmnated Shady Shores shall be liable to Denton pro rata for the payment of emergency medmcal ser- vmces provided up to the date of termmnatmon 9. Notices Ail notmces sent under this Agreement shall be mamled, postage prepaid, to the respectmve addresses, as follows TO Denton To Shady Shores City Manager Mayor City of Denton C~ty of Shady Shores 215 E McKlnney P 0 Box 362 Denton, Texas 76201 Shady Shores, 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 ~nd~vldual 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 of ~ , 199 CITY OF DENTON, TEXAS BY JAC~ ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY CITY OF SHADY SHORES I,r~YOR ATTEST PAGE 3 J \~PDOCS\RE$\~NTERV RES RESOL ION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION OF THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING FUNDING FOR THE DENTON DELINQUENCY PREVENTION/INTERVENTION PROGRAM FOR JUVENILES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton is eligible to receive funds from the Criminal Justice Division of the office of the Governor, State of Texae, and desires to increase the effectiveness of the Denton Delinquency Prevention/Intervention Program for Juveniles by providing funding to the Fred Moore After School Program and the Teen Court of Denton; and WHEREAS, in order to receive such funds, it is necessary for the Council of the City of Denton to authorize the submission of a Title V Juvenile Delinquency Prevention Grant Application to the Criminal Justice Division of the Office of the Governor, State of Texas, requesting funding; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That the City of Denton, Texas, certifies that ~t is eligible to receive a funding allocation from the Crlmlnal Justice Division of the Office of the Governor, State of Texas, for a Title V Juvenile Delinquency Prevention Grant for the Denton Delinquency Preventlon/Interventlon Program for Juveniles. ~ 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 Criminal Justice Division of the Offlce of the Governor, State of Texas, in regard to such grant application. ~ That the City Manager, or his designee, shall forward a copy of this resolution to the Criminal Justice Division of the office of the Governor, State of Texas. ~ That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the/~~ day of~ 1996. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY untaveek res RESOLUTION NO COOPERATION AGREEMENT WITH THE UNIVERSITY OF NORTH TEXAS TO ENABLE AN EXCHANGE OF RIGHT OF WAY TO ALLOW THE REROUTING OF AVENUE E TO ACCOMMODATE THE CONSTRUCTION OF A NEW MUSIC AND FINE ARTS EDUCATION BUILDING, AND DECLARING AN EFFECTIVE DATE WHEREAS, the Cmty of Denton and the Unmversmty of North Texas desmre to enter into an lnterlocal agreement for the exchange of land for use as a rmght-of-way, pursuant to §791 028 of the Texas Government Code, §272 001 of the Texas Local Government Code, and §2-127 of the Denton Code of Ordmnances, NOW, THEREFORE, THE COLTNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the Cmty Manager is hereby authormzed to act on behalf of the City of Denton, Texas mn executing an mnterlocal cooperation agreement with the Unmverslty of North Texas to enable the exchange of rmght-of-way for the routing of Avenue E around the proposed Musmc and Fine Arts Education Building A sample copy of such an agreement is attached hereto and fully Incorporated here~n ~ That this resolutmon shall become effective mmmedlately upon mrs passage and approval PASSED AND APPROVED thms the /~ day of ~, 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY BY ~;7 ~,~.~ ~,~ THE STATE OF TEXAS § INTERLOCALCOOPERATION AGREEMENT § BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON § THE UNIVERSITY OF NORTH TEXAS WHEREAS, the City of Denton (hereinafter called "Denton") and the University of North Texas (hereinafter called "UNT") desire to enter ~nto an lnterlocal agreement for the exchange of land for use as a right-of-way, pursuant to §791 028 of the Texas Government Code, §272 001 of the Texas Local Government Code, and §2-127 of the Denton Code of Ordinances WHEREAS, the right-of-way UNT wishes Denton to abandon has been ~dent~fied, but the land to be dedzcated an exchange has not, except ~n concept, and WHEREAS, Denton is prohzb~ted by §2-127 of zts Code of Ordznances from abandoning its right-of-way wzthout recezv~ng fair market value ~n advance, and WHEREAS, both Denton and UNT agree that the land proposed to be dedicated zn exchange for the abandoned right-of-way equals or exceeds the fair market value of the land to be abandoned, and WHEREAS, due to the pendency of a construction pro]ect which stands to benefit both UNT and the citizens of Denton, there ~s ~nsuffic~ent t~me to design and provide a legal description for the land to be dedmcated zn exchange for the property proposed for abandonment; and WHEREAS, the r~ght-of-way ~dentlf~ed for abandonment is zntended to revert to UNT, the adjacent property owner, such that the mandatory requzrements of §272 001 of the Texas Local Govern- ment Code are met, NOW, THEREFORE, Denton and UNT hereby agree as follows In conszderation for, and prior to Denton's passage and approval of an ordlnance authorzz~ng abandonment of the rzght-of- way legally described zn Exh~bzt A, UNT agrees to dedicate for the public use of the c~t~zens of Denton, an alternative rzght-of-way for the sole purpose of enhanczng a current roadway, more or less following the "future site plan" attached as Exhibit B, zn the form of an easement or other conveyance whose language shall be approved by Denton through its C~ty Attorney Although not presently desmgned or legally described, the fazr market value of thms alternative rzght-of-way shall equal or exceed the famr market value of the property descrlbed mn Exhibit A, and all such assessments of famr market value shall be based upon land values as of the date of execution of this Agreement If, subsequent to Denton's abandonment of the right-of-way descrlbed in Exhlb~t A, UNT should breach ~ts duty under this Agreement to dedicate alternatzve rmght-of-way as set forth heremn, the parties hereby stipulate that the fair market value of the land identified in Exhibit A is $50,000 00, and sa~d amount shall represent liquidated damages for such breach, together w~th such other damages as may be available at law By executing this agreement, the parties here~n waive their respective governmental immunities with respect to any legal remedies taken in enforcement of this Agreement IN WITNESS WHEREOF, the undersigned officers 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 extending sa~d authority have been duly passed and are now in full force and effect Executed in duplicate originals this the /~f~day of ~ 1996 CITY OF DENTON TED BENAVIDES, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY / AP~OVED AS TO LEGAL FORM  UNIVERSITY OF NORTH TEXAS FRED pOI',E VICE PRESIDENT FOR ADMINISTRATIVE SERVICES PAGE 2 ATTEST APPROVED AS TO LEG~ FORM ~ ~o,~f/My Commission Expires Jan ~ ~7~ un~esmtx k PAGE 3 ~EXHXBZT A' ALL that certain lot, tract or p~zcel o£ land lying and being situated in ~ha City and County of Denton, State o£ Texas in the E. Puohalski Survey, Abstract N-wd',~r 996 end being part o£ a tract o£ lend as conveyed £ro~ Theron J Fours end wi£e Leslie Venn Fours to the State o£ Texas b~ deed recorded in Volume 342, Page 559 o£ the Deed Records o£ Denton County, Texas and being all o£ a tract conveyed to the City o£ Denton b~ eas~uent deed reoorded in Volmae 2803, Page 549 o£ the Ileal Property Records o£ Denton County, Texas for the purpose o£ oons~z'uoting, reoonSt~uot4ng, installing, repairing end perpetually maintaining street end utility facilities ALL that certain lot, tract or parcel o£ lend lying end being situated tn the City and County o£ Denton, State o£ Texas in the E. Pu~halski 8uz~o~, ~s~act ~z 996 ~d ~ing all of a tract of l~d ~n~ ~ ~e Ci~ o~ ~n~n fo~ ~o~ p~ses but ~eae~ a utili~ eae~nt fo~ ~e pu~se o~ cons~cting, re~ons~o~ng, re~ring, ~d ~in~ining ~rgro~d u~li~ lines ~d ~aci~ities ~ Oz~ 90-088 ~d re~oz~ in Vol~ 2803, ~ 544 o~ ~ hal ~t~r~ ~or~ of ~ton Co~, TeX~B. ~T.T, that certain lot, tract or parcel of lend lying end being situated in the City end County o£ Denton, State o£ Texas in the E Puchalski Suz~ey, Abstract N,,-~er 996 ~d ~ing poet o~ a ~act o~ l~d eonve~ to htt~ K. ~llenot b~ ~y P Beaz~n b~ ~ed receded in Vol~ 350, Page 358 (V. 412, P 426) o~ ~e De~ ~oo~ of Den2on Co~2~, Texas ~d also ~ all of a conve2ed to ~e Ci22 of Denton ~ eas~en2 ~ed =scored in Vol~ 4~8, Page 4~4 of ~e Deed ~co~ds o~ Denton Co~, Texas ~oE ~e pu~ose o~ street, parkway, si~walk ~d utilities. "EXHIBIT &" continued · ~L that certain lot, tract or parcel of land lying and being situaM in the Cit~ and County of Denton, State of Texas in the E Pucha~ski Sur~ey, ~bstract N--~er 996 and being part of a two acre tract of land oonveye~ by Bess Bird et vir to T R Brooks by deed recorded in Volume 187, Page 580 of the Deed Records of Denton County, Texas and being all of · tract conveyed by North Texas State College to the City of Denton by e&se~ent deed dated July 13, 1957 and recorded under Clerk's file n--~er 3647 in the Deed Records of Denton County, Texas for street purposes. 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 E. Puchalski Survey, Abstract N~-~r 996 ~d ~ing a ~act of l~d e~n~ng sou~ fz~ ~e sou~ right-of-way line of Eagle Drip, ~=~z~ on ~e west ~ said Noz~ Te~s S~ College to ~e Ci~ of D~ton (Clerk's file n~r 3647) ~d ~z~=~ on ~e eest ~ said ~11enot 2o ~e Ci~ of Denton (Vol~ 418, Page 474) ~d ~=~r~ on ~e sou~ by ~e nor~ right-of-way line of In~rs~ 35 East, said tract ~ing ~e =~in~r s~t right- of-way presozipti~ or o~o~ise ~at was c~only ~o~ as "A~nue E". 8-22-96 ah, audi .pd // C \gPDOCS\RES\THPA RES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONSENTING TO THE ISSUANCE OF BONDS BY THE TEXAS MUNICIPAL POWER AGENCY TO ACQUIRE THE PROPERTY SUBJECT TO THE LEVERAGED LEASE AGREEMENT HELD BY METLIFE CAPITAL CORPORATION AND THE TEXAS TEACHER RETIREMENT SYSTEM; AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE ALL APPROPRIATE DOCUMENTS AND CERTIFICATES IN FURTHERANCE OF, AND NECESSARY AND INCIDENT TO THE ISSUANCE OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Municipal Power Agency ("TMPA") is a joint powers agency created under the provls~ons of TEX. REV CIV STAT. ANN. art. 1435a (Vernon 1980) comprised of the Cltles of Bryan, Denton, Garland, and Greenville, Texas ("Member Cltles~), and WHEREAS, TMPA lS currently the lessee of one drag line and one conveyor system (collectively the "leased property") under a leveraged lease agreement presently held by Met-Life Capital Corporation ("MetLife") and the Teacher Retirement System of Texas ("TRS"); whlch leased property was utlllzed at the Gibbons Creek lignite mlne ("the Mlne") whlch was closed earller this year; and as a result, the leased property ls no longer required by TMPA for the Mine: and WHEREAS, subsequent to the closing of the Mlne, TMPA undertook negotiations with MetLlfe and TRS, the holders of the Lease in order to terminate the Lease; to save monies on the future operating expenses and lease termination expenses through the explratlon of the lease in 2008; and to acquire title to the leased property; and WHEREAS, TMPA has reached a proposed agreement with MetLife and TRS regarding termination of the Lease, the payment of monies to MetLife and TRS, which results in TMPA acquiring title to the leased property; and which agreement is advantageous to TMPA and its Member citles, in that it saves TMPA slgnlflcant operating and maintenance expenses of the leased property over the remaining term of the lease; saves TMPA termlnatlon expenses required by the lease as well; and will allow TMPA to d~spose of the leased property by sale at market value; and WHEREAS, TMPA, In order to consummate the proposed agreement with MetLlfe and TRS, must issue approximately $29,000,000 in bonds, and ~t deslres that the Member C~tles consent to the issuance of said bonds; and WHEREAS, the City Council has no objection to the proposed TMPA agreement providing for termination of lts lease obligations, and for ~ts acquisltlon of title to the leased property, and TMPA's issuance of bonds as here~nabove described, and is agreeable to giving lts consent to TMPA to lssue said bonds, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. ~ That all recitations contalned ~n the above Preamble are found to be true and correct and are hereby ~ncorpo- rated in the body of this Resolution by reference, as if copied in their entirety. ~ That the City of Denton does hereby give its consent to the Texas Municipal Power Agency to issue bonds in the amount of approximately $29,000,000 for the purpose of effectlng and consummating 1ts agreement with MetLife and the TRS as described hereinabove. ~ That the City Manager is authorized to execute all appropriate documents and certificates in furtherance of, and necessary for and ~ncldent to the issuance of said bonds by TMPA. ~ That this resolution shall become effective immediately upon 1ts passage and approval. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY N xt Do¢iument j \WPDOCS\RES\FLOWFNDT RES RESOLUTION NO ~&--0~8 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE AGREEMENT FOR TRANSFER OF ASSETS FROM THE FLOW FOUNDATION, INC TO THE FLOW HEALTH CARE FOUNDATION, INC SUBJECT TO THE CONDITIONS OF THIS RESOLUTION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Flow Foundation, Inc ("Flow Foundation") is a Texas Corporation and successor to Flow Memorial Hospital Foundation, Inc , and WHEREAS, Flow Health Care Foundation, Inc ("Flow Health Care") is a Texas Corporation and successor to Flow Regional Medical Center, Inc , a successor to Flow Memorial Hospital, and WHEREAS, both Flow Foundation and Flow Health Care wish to enter into an agreement for transfer of all assets of Flow Foundation to Flow Health Care in order to provide and stimulate high quality hospital and medical care for the people of Denton County, Texas, and WHEREAS, the City of Denton has a continuing lien on the assets of the former Flow Regional Medical Center, Inc by virtue of that one certain Deed of Trust dated January 15, 1988, executed by Flow for the benefit of the City, which Deed of Trust is recorded ~n Volume 2309, Page 481 of the Official Real Property Records of Denton County, Texas, that one certain amended and restated Security Agreement executed on the 19th day of February, 1988 by Flow in favor of the City, and that one certain Plan of Liquida- tion, as amended and as confirmed by order confirming plan of liquidation of Flow Regional Medical Center, Inc (the "Plan") dated May 16, 1990, In case No 88-42099 ~n the United States Bankruptcy Court for the Eastern District of Texas, styled in re Flow Regional Medical Center, hereinafter referred to as "continu- ing l~en", and WHEREAS, on the 16th day of February, 1993, the City of Denton and Flow Health Care along with First State Bank of Texas, entered into that certain escrow agreement by and among the City of Denton, Flow Nealth Care Foundation, Inc and First State Bank of Texas (Escrow Agreement) by placing certain assets regarding said lien with the escrow agent, and WHEREAS, the City Council deems it in the public interest to approve the agreement for transfer of assets sub3ect to the conditions of this resolution THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the City Council hereby approves the Agreement for Transfer of Assets from Flow Foundation to Flow Health Care mn the form of the attached agreement whmch ms made a part of this resolution for all purposes subject to the followzng conditions 1 That Flow Health Care's Board of D~rectors accept and execute the Transfer Agreement, and 2 That the Transfer Agreement shall mn no way affect or adversely impact the City's cont~numng lmen established in the Deed of Trust, Security Agreement and other documents described above and Flow Health Care shall remamn fully obligated under the Escrow Agreement, and 3 That w~thmn n~nety (90) days from the effective date of this Resolution that representatmves of the Cmty and Flow Health Care shall meet to determine if there are any assets other than the assets described in the Escrow Agreement still subject to the C~ty's continuing lien and, ~f there are any such assets, the partmes shall enter into an agreement to provide for segregatmon and accounting of those assets in accordance wmth the City's Internal Auditor's concerns ~ECTION ~I ~ That a complete and correct signed copy of this resolution shall constitute adequate evidence of the Transfer Agreement as required by Section D of Section II of the Transfer Agreement and the City Attorney ~s dmrected to provide true and correct copzes of such Resolution to representatives of Flow Foundation and Flow Health Care ~ That this resolution shall become effective lmmedzately upon its passage and approval PASSED AND APPROVED this the f~ day of ~, 1996 ATTEST. JENNIFER WALTERS, CITY SECRETARY AP~ED AS/TO LEGAL FORM HER~ERT L PROUTY, CITY ATTORNEY THE STATH OF TlS]CAS ) county oF DBHTOH ) T. These ~aots ex~st~ 1. Flow Fo~da~on, ~n~. ("FI~ Fo~da~on.) i8 a Texas oo~ratton ~d mu~sor to el~ H~r~al Hospital Fo~datton, X no · m ~ m~ttm ~ m~mor to )1~ a~io~l M~i~I Center, Xno., m m~mmmo~ ~o FI~ ~1m1 Hospital. am ohmri~le o~lmm~o~ ~r ~o ln~ml ~ ~e, and ~ ~ve ~ ~ s~t~ ~er s~tion 50X(o)(3), Xnternal ~ c~e. 4. F19 ~tt~ ~ FI~ Hoal~ ~1, ,~, ~ 2~u 2 ~ide and stt~la~ hosp~X ~ ~Zoml care for the ~ple of 2ton cowry, Texas. $. ~r~nq Z~ ~istonce, Flow HmrZal Hospital was the prZnc~l ~tcta~ of ~ FI~ Fo~tZon ~ FX~ HoaX~ Care. 6. FX~ ~rZmX ~pttal ceas~ ~o eff~tZvely exist on or ~ut ~r 31, 1987, ~d was succ~ ~ FI~ R~tonaX Medical Cmter, Inc. ~ comm~ 2o effusively oxZst In a~u~ Sopte~r, 1988. 7. ~cle vi, S~ton 1, o~ ~e by-la~ of FI~ Fo~datZon Agreement for ~ansfer of ~8e~s Page i provides, in relevant part, as followsc UII(m dlMolution . .., the Board of l)lreotors shall . a ,'o~m%'lt~ble o~Lsatio~w ~ o~isati~' M ~ ~6, ~ said 8. FI~ Fo~ion ~s oonol~ ~at i~s s~t~ ~8es can ~8t ~ oarrtg out ~ ~nsf~ of Care u~n tern ~ ~ltts, ed In eo~ ui~ oovenn~, pr~lsions ~d a~n~ as set fo~ hemrter. of app~x~Mtely S1,360,814.56; ~ ~tblt 'ls at~oh~ h~o~ ~ ~de a ~ her~ tot all ~808 · ~ ~, ~ ~ ~ ~ ~ ~: FOF end Ln ~nsLderatLon of ~e ~ses, Fi~ Fo~tLon ~ FI~ H~i~ Care do here~ a~ee es hereLnefter set (A.) FI~ Fo~ation a~ees to tr~afer, and FI~ HeaX~ Care a~8 ~o accept, all of ~e assets of FX~ Fo~dation in existence e~ date of ~ransrer, after ~ull pa~ent of all debts and expenses owed by FXow Fo~dakion, provided end condition~ as ~ollows: A~reement for ~ansfor of Assets Page (1.) Flow Health Care will a~end its by-laws as necessary to eliminate the right and power of the Board of Advisors to recommend appoint~snts, or to make appointments, to the Board of Trustees, for any purpose. (2.) Flow Health Care will amend its by-laws to provide for a Board of Trustees consisting of seven (7) me~bers, and obtain the resignation from office of all current me.bars of the BOard of Trustees, excepting four (4) current thereof. (3.) Flow Health Care ¥ill amend its by-laws to provide that Flow Fot~dation will appoint ~llree (3) ~e~ ~o ~ Board of Trustees of Flow Health Care. (4.) Flow Health Care will amend its by-laws to provide that after creation of the ne~ Board of Trustees, terse of office fOr the ~ be set, and st~equent vacancies filled by appoin~nts mede by the Board of Trustees. (8.) FI~ Health Care agxeee that at all ti~ during a FI~ Fo~tlon, ~t ~t will k~p all of such asee~ ~n a~unt(s) ee~ra~e ~ a~ fr~ ~e o~er f~ ~d a~ of ~1~ Heal~ Care. During such five (5) year ~riod, u~n request, and reasonable no2ice having first been gxven, Flow Health Care provide Flow Fo~da~ion a verified accoun~inq for such asse~s =ransferred, reflec~inq recex~ts, disburseaents, and balance asse~s remaining. Re~es= for such accounting shall no~ ~ made Agreement for Transfer of Assets Page sore frequently that ssni-annuelly following date of transfer of assets. Flow Health Care shall provide such accounting to Flow Foundation not less often than annually following date of ~ransfer of assets, regardless of whether such accounting has been requested. (C.) At all times during the period of five (5) years following the date of transfer of assets, Flow Health Care agrees to indemnify end save Flow Foundation, its officers, directors and agents, completely harmless of and free any and ell suits, losses, daRegee, claims, expenses, or liability asserted agaiast them, JOllltly or lndlvidtmll¥, in connection with the transfer of sasa?l~ herein celled £or. A Written lndmmLty agreement viii be prepared end presented to Flow Foundation prior to transfer of mete, and if ntiszactozy to Flow Foundation, duly signed ~d m~nowiedged by Flow Health CaFe. Ir ~he parties fail to reach agreement for the terms end provisions of the indemnity agreement, for ~tsver reneon and regardless of £eult, this agFe~mon~ 811~1! be void. (0.) T~m ~onsummetion o£ this agreement ia strictly conditioned and subject to Flow Foundation having received from the City of Denton, Texas and County of Denton, Texas, written approval of this agreement; and such 'written approvalu shall be in the form and with content satisfactory to Flow Foundation. (E.) The Udate of transfer, or "date of transfer of assets', as those terms are used herein, shall be a date designated by Flow Foundation within the thirty (30) day period next following receipt by Flow Foundation of the "written approval# from the City of Agreement for Transfer of Assets Page 4 Denton, Texas and County of Denton as ment£oned in paragraph (D.) a~ove. Flay Foundation shall notify Flay Health Care, in writing, at least ten (lO) days in advance, of the date, tiae and place for the clos£ng and consummat£on of this agreement, including transfer of assets. SXG#EDon ~he dates of our respective acknowledgBonte hereto. IPLO~ FOUNDATXON, INC. FLO~J HEALTH CARS FOUNDATION, IgC. Rob~iasant:, Oireo~.or Ann Po~ykal, Trus~:ee By~ By: ~sennet~ IOtrk, DAzea~or Bettye Nyere, Trustee ~_ By:~.~ N.~ Ni, dgett:, D~; ~:/ By: DoroCby Ibm4eo, By~ BY:Roland Vela, Trustee By:~ By: R. Conrad Park, By: By: Arvin Sho=l:, OLreGtc)r Janes M. GLeBe, Trustee By: Karen Wilson, '~'uatee By: David Borechor, Trustee By: Connie Yarbrough, ~uatee Agreement ~or Transfer of Assets Page THE STATE OF TEXAS ) This instrument was acknowledged before se by ROBERT CROISSANT, Dlrec~o~ of Flow Foundation, Inc. on , 1996. Notary Public, Stats of Texas THE STATE OF TEXAS ) Th~a ~nstrument was aoknowledged be£ora me by SB##BTT KIRK, D~FectOF of Flow Foundation, Ina. on , 1996. Notary Publto, S~a~o of Texas THE STATB OFTHXAS ) This inltrulent was sckno~lodged before Be by #. N. )IXDGBTT, Dlreotor of Flow Foundation, Xno. on , x996. Notary PublIo, Stm~e of Texas THB STATS OF TI~CAS ) ThXs ~n.~nment wu ecknowXedged before Be by LOU NELSON, DIFOO~OF o£ Flow Foundation, Xno. on , 1996. Not&ry PubXXo, St:ate of Texas THE STATE OF Tff~%S ) This Lnstrmwnt was acknowledged before me by ~ NBWHAN, Director of Flow FoundatXon, Xnc. on , 1996. Notary Public, State of Texas Agreement for Transfer of Assets Page 6 TH~ STATH OF TEXAS ) D' .This il!atrt~ent was ackrlowledged ~fore ~ by ~VIN SHORT, · FO~COF Of Fl~ FO~dation, ~nc. on , ~996. Notary Public, State o£ Texas THE STATE OF TEXAS ) This instrument wee aoknowledged before me by ;din POMYKAL, TruStee or Flow Health Care Foundation, Inc. on ; 1996. Notary PubIXo, State of Texas THE ,STATE OF TEXAS ) This instrument w&a acknowledged before Be by BBTTYE #¥~, Trumtee of FlOw Health Care Foundmtion, ln~. on , 1996. #o~ary PubX~o, S~a~o o£ Texas THE STATE OF TEXAS ) TL~m~Xo tnm~rumm~t wmm a~knowlmdged before me by Dorothy Da~tc~, of Flow Hexlth Care FoundatZon, Inc. on , X996. Notary PubXlo, S~te of Texas THE STATH OF TEXAS ) This instrunent was acknowledged before me by ROLAND VELA, Trustee of Flow Health Care Foundation, Xnc. on , 1996. Notary Public, State of Texas Agreement for Transfer of Assets Paqe ? STATE OF TEXAS ) This £nstrument was acknowledged before me by R. conrad Park,. Trustee of Flow Health Care Foundation, Inc. on , 1996. Notary Public, State of Texas THE STATE OF TEXAS ) This lnsf--~ment was acknowledged before ne by JAJ~s #. GIESE, Trustee of Flow Health Care Foundation, Inc. on , 1996. Notary Publta, state of Texas TIlE STATg OF TEXAS ) lqJte lnatrunent was acknowledged befoFe Be by KARBJ t~ZLSQM, Trustee of Flow Health Care Foundation, Znc. on , 1996. Notary Publ~, S~te o£ Texas TIle STATE OF TEXAS ) ~is lns~Bent wes acknowledged before Be by OAVID BORSCHOR, Trtm of Plow Health Care FoundatLon, Zn~. on , 1996. Notary Public, S~ate of Texas THE STATE OF TEXAS ) This instru~ent was acknowledged before Be by LO~IE YARBROUGH, Trustee o£ Flow Health Care Foundation, Inc. on , 1996. Hotar~ Public, State of Texas Agreement for Transfer of Assets Page 8 /0 F-.,2AFT FLOW HEALTH CARE FO~DATION, INC. shall tnde~nify and hold harmless FLO~ FOUNDATION, INC., its directors, officers, agents and employees from ali suits, actions, losses, damages, claim, or l~l,l~ty ~s~nq in co~tion w~th or related to ~e transfer of assets from F~ FO~DATION, INC. to F~W H~ ~ FO~DATION, INC., of ~y ~racter, t~ or description. ~y re~er~ in this agre~ent to F~ ~ATION, INC. shall include its d~rector., officers, agents ~d employees. Inde~f~cat~on shall also agal~t all ~nses, l~l~ing e~out lim~tation, cou~ costs, exert w~e.s fees, Jud~nts, decrees, f~nes, penalties, and any other reasonable ex,nee act~lly ~ncurr~ any ~rson ~n court,on w~th ~e preening. ~ ~TION, INC. shall not ~ liable or res~ne~ble for, and phall ~ .av~ ~ held ha~lese ~ ~ ~TION, INC., ~r~ ~ against any ~d all losses, d~ges, olaX~ or IX~LI~y of any oh~ao~, ~ or d~l~Xon, X~X~X~ aXl e~ of XXtXga~ion, ~ ~, ~d attorney's ~s arisX~ in oo~tion vX~ or reXat~ transfer of assets fr~ ~ ~xox, XXC. to ~ FO~XON, xt Xs ~e e~ress~ Xntent of ~e ~Xes to ~ n~l~ge~e, or any o~er aot~on dete~ to ~ ~FO~F ~n any ~er, ~n ~on w~ ~e ~e~fer M ~ ~ ~TX~, XNC. r~ ~ ~ der~, at ~ ~TXON, XNC., ~y olaXm or lXtXga~Xon b~ught Xn conn~tXon wX~ ~e transfer of assets fr~ ~ ~TXON, INC. to F~ H~ C~E ~DATXON, INC., and ~ ~ATXON, INC. shall have the rXght and prXv~lege to nam and ap~int its attorney(s). Dat~ this __ day of , 1996. F~W H~ ~E FO~DATION, INC. By: Ann Pomykal, Trustee Indemnity Agreement Page 1 By: Bettye Hyers, Trustee By= Kenneth Ford, TrUStee By: Roland Vela, Trustee By= Roy Appleton, IIX, Trustee By: James #. GleBe, Trustee Bye Karen Wilson, Trustee ~ By: D~vid Bousohor, Trustee By= LonnAe Yarbrough, Trustee THE STATE OF TEXAS ) T~B ~strunent was eo~nowledged bo£ore ne by A~N POHYEAL, Trustee of Flow Healt~ CaFe Foundation, Ina. on , 1996. Notary Public, State of Texas THE STATe OF TEXAS ) This instrument was acknowledged before me by BETTYE MYERS, Trustee of Flow Health CaFe Foundation, Inc. on , 1996. Notary Public, State of Texas Indemnity Agreement Page 2 THE STATE OF TEXAS This instrument wes acknowledged before me by KENNETH FORD, Trustee of Flow Health Care Foundation, Inc. on , 1996. Notary Public, State of Texas THE STATE OF TEXAS ) This instrument was aoknowladgsd before me by ROLAND VELA, Trustee of Flow Health Care Foundation, Inc. on ~ 1996. Notary Publio, State of Texas THE STATE OF TEXAS ) This instnment was ao~nowledged before me by ROY APPLETON, III, Trustee o£ Flow Health Care Foundation, Xno. on , 1996. Notary PubliC, State of Texas THE STATS OF TEXAS ) This in~trumontwas eO~U~:~flE~gE~ before me b~JAHES W. OXESE, Trustee of Flow HosX~A Care Foundation, Inc. on ; 1996. Notary Pubiio, State of Texas THE STATE OF TEXAS ) This instrument was acknowledged before me by KAREN WILSON, Trustee of Flow Health Care Foundation, Inc. on , 1996. Notary Public, State of Texas Indemnity Agreement Page 3 THE STATE OF TEXAS ) This instrtment was eokllowledged before me by DAVID BOUSCHOR, Trustee of Flow Health Care Foundation, Inc. on , 1996. Notary Public, State of Texas THE STATE OF TEXAS ) This instrument was acknowledged before me by LONNIE YARBROUGH, Trustee of Flow Health Care Foundation, Inc. on , 1996. Notary Public, State of Texas Inde~anity Agreement Page 4 RESOLUTION NO A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARD, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas has approved the creation of the City of Denton Industrial Development Authority (IDA) pursuant to the provisions of the Development Corporation Act of 1979, and WHEREAS, by Resolution No R96-006 Rick Svehla and Kathy DuBose were reappointed to the Board of Directors of the Industrial Development Authorzty (IDA), and WHEREAS, the City Council deems it the publzc interest to appoint the City Manager, Ted Benavldes, to the Board of Directors of the IDA, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the following person Ks hereby appointed to the Board of D~rectors of the Czty of Denton Industrial Development Authority NAME ADDRESS Ted Benavldes 215 East McKlnney City Manager Denton, Texas 76201 This Director shall serve a term of office of slx years The term of the foregoing member shall expire on December 17, 2002 ~ II That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the/~ day of~ 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY